,D73 E 440 .5 .073 Copy c STATE OF THE UNION. SPEECH HON. STEPHEN iT; DOUGLAS, OF IN THE SENATE, JANUARY 3, 1861. The Senate having under consideration the following resolution reported by the select committee of thirteen, appointed to consider the agitated and distracted condition of the country — Resolved, That the committee have not been able to agree upon any general plan of adjustment, and report that fact to the Senate, together witli the journal of the committee ; Mr. DOUGLAS said: Mr. President: No act of my public life has ever caused me so much regret as the necessity of voting in the special committee of thirteen for the resolution reporting to the Senate our inaljility to agree upon any general plan of adjustment, which been organized upon the basis of non-interfer- ence by Congress with the domestic institutions of the people. During that period several new Territories were organized, including Tennessee, Louisiana, Missouri, Mississippi, and Aiabarna. In no one of these Territories did Congress at- tempt to interfere with the question of slavery, either to introduce or exclude, protect or prohibit it. During the whole of this period there was peace and good-will between the people of all parts of the Union so far as the question of sla- very was concerned. But the first time Congress ever attempted to in- would restore peace to the country and insure the 'j terfere with and control that question, regardless integrity of the Union . If we wish to understand the 1 1 of the wishes of the people interested in i t, the Union real causes which have produced such wide-spread 1 1 was put in jeopardy, and was only saved from dis- and deep-seated discontent in the slaveholding J j solution by the adoption of the compromise of 1820. States, we must go back beyond the recent pres-j[ In the famous Missouri controversy, the majority dential election, and trace the origin and history 1 1 of the North demanded that Congress should pro- of the slavery agitation from the period when it Lhibit slavery forever in all the territory acquired first became an active element in Federal politics. I fromFrance,extendingfromtheStateofLouisiana Without fatiguing the Senate with tedious d tails, I may be permitted to assume, without the fear of successful contradiction, that whenever the Federal Government has attempted to decide and control the slavery question in the newly acquired Territories, regardless of the wishes of the in- habitants, alienation of feeling, sectional strife, and discord have ensued; and whenever Congress has refrained from such interference, harmony and fraternal feeling have been restored. The whole volume of our nation's history may be con- fidently appealed to in support of this proposi- tion. The most memorable instances are the fear- ful sectional controversies which brougiit the Union to the verge of disruption in 1820, and again in 1850. It was the territorial question in each case which presented the chief points of difficulty, because it involved the irritating question of the relative political power of the two sections. All the other questions, which entered into and served to increase the slavery agitation, were deemed of secondary importance, and dwindled into insig- nificance so soon as the territorial question was definitely settled. From the period of the organization of the Fed- eral Government, under the Constitution, in 1789, down to 1820, all the territorial governments had to the British possessions on the north, and from the Mississippi to the Rocky Mountains. The South and the conservative minority of the North, on the contrary, stood firmly upon the ground of non-intervention, denying the right of Congress to touch the subject. They did not ask Con- gress to interfere for protection nor for any pur- pose; while they opposed the right and justice of exclusion. Thus, each party, with their respect- ive positions distinctly defined — the one for and the other against congressional intervention — maintained its position with desperate persistency until disunion seemed inevitable, when a com- promise was effected by an equitable partition of the territory between the two sections on the line of 36° 30', prohibiting slavery on the one side and permitting it on the other. In the adoption of this compromise, each party yielded one half of its claim for the sake of the Union. It was designed to form the basis of per- petual peace on the slavery question by establish- uig a rule in accordance with which all future con- troversy would be avoided. The line of partition was distinctly marked so far as our territory might extend; and, by irresistible inference, the spirit of the compromise required the extension of the line on the same parallel whenever we sliould extend \ E4J • 31^ // our tenitorial limits. The North and the South — ; altliougheach was dissatisfied with the terms of the | Battlement, each having surrendered one half of its claim — by common const-nt agreed to acquiesce in it, \nd abide by it as a permanent basis of peace up.' 1 the slavery question. It is true, that there were a few discontented spirits in both sections who attempted to renew the controversy from time to time; but the deep Union feeling pre- vailf^ , and the masses of the people were disposed to sljind ijy the settlement as the surest means of ave/ting future difficulties. Ijtacc was restored, fraternal feeling returned, an* we were a happy and united people so long ay we adhered to, and carried out in good faith, OSe Missouri compromise, according to its spirit ts well as its letter. In 1845, when Texas was /'annexed to the Union, the policy of an equitable ■ partition on the line of 36° 30' was adhered to, and carried into eflect by the extension of the line as far westward as the new acquisition might reach. It is true, there was much diversity of opinion as to the propriety and wisdom of an- nexing Texas. In the North the measure was opposed by large numbers upon the distinct ground that it was enlarging the area of slave territory within the Union; and in the South it probably received much additional support for the same reason; but, while it may have been op- posed and supported, in some degree, north and south, from these considerations, no considerable number in either section objected to it upon the ground that it extended and carried out the policy of the Missouri compromise. The objection was solely to the acquisition of the country, and not to the application of the Missouri compromise to it, if acquired. No fair-minded man could deny that every reason which induced the adoption of the line in 1820 demanded its extension through Texas, and every new acquisition, whenever we enlarged our territorial possessions in that direc- tion. No man would have been deemed faithful to the obligations of the Missouri compromise at j that day, who was opposed to its application to | future acquisitions. i The record shows that Texas was annexed to j the Union upon the express condition that the Missouri compromise should be extended and made applicable to the country, so far as our new boundaries might reach. Ihe history of that acquisition will show that I not only supported the annexation of Texas, but that I urgtd the necessity of applying the Missouri compromise to it, for the purpose of extending it through New Mexico and California to the Pacific ocean, when- ever we should acquire those Territories, a.^ a means of putting an end to the slavery agitation forever. The annexation of Texas drew after it the war with Mexico, and the treaty of peace left us in pos- session of California and New Mexico. This large acquisition of new territory was made the occa- sion for renewing the Missouri controversy. The ajritalion of 1849-50 was a secnnil edition of that of Lsr.)-JI). It was stimuhit<>d by the same mo- tives, aiming at the same ends, and cnfoivod by the same arguments. The northern majority invoked the intervention of Congress to prohibit slavery everywhere in the Terriu^ries oithe Uni- ted States — both sides of the Miss>uri lint_»eouth as well as north of 30° 30'. The .'louth, t<^ether with a conservative minority in the\orth,'etood firmly upon the ground of non-intervfcuion,(4;ny- ing the right of Congress to inttrfer. with ihe subject, but avowing a willingness, in Jie spirit of concession for the sake of peace and th. Union, to adhere to and carry out the policy of ai equit- able partition on the line of 36° 30' to the lt-\cific ocean, in the same sense in which it was adopted in 18^, and according to the understanding wl^n Texas was annexed in 1845. Every argumeit and reason, every consideration of patriotism anQ duty, which induced the adoption of tln^olicy in 18~0, and its application to Texas in 1^5, de- manded its application to California and New Mexico in 1848. The peace of the country, the fraternal feelings of all its parts, the safety of the Union, all were involved. Utider these circumstances, as chairman of the Committee on Territories, I introduced into the Senate the followinj proposition, which was adopted by a vote of 33 to XJl in the Senate, but rejected in the House of Representatives. I read from the Journal, August 10, 1848, page 563: " On iiirilioii liy Mr. DoiiiLvs Id ainond the bill, section fourteen, line one, by inserting alter tlie word 'enacted:' " That the line of ;«j' 30 of norlli latitude, known as the Missouri eoniproniise line, as delim-d by the eighth section of an act entitled ' .\n act to authorize the people of the Missouri Tcrritor>' to form a constitution and Slate gov- ernment, and for the admission of such 5?uile into the Union on an enual I'outino with the original States, and to prohibit slavery in certain Territories, approvinl March 6, lt<20." be, and the same is hereby, declared to extend to the Pacilie ocean ; and the said ei(;hth section, togellier witll the compromise therein effected, is hereby revived, and declared to be in full force and binding, for the future or- ganization of the Territories of the I'nited Stat«s. in the same sense, and with the same understanding, with which it was originally adopted ; " It was deie'rmined in the affirmative — yeas 33, nays 21. " On motion by .>Ir. IUi.uwin, the yeiis and nays being desired by one filth of the Senators present, those who voted in the aflirinalive are : >' Messrs. Ateliison, Bailger, Bell, Benton, Berrien, Bor- land, Bright. Butler, C':illiuun, Camenm, U.ivis of Missis- sippi, Dickinson, DuugliLs, Downs, Fitzgerald. Foole, Han- negan, Houston, Hunter, Johnson i>f .Maryland, Johnson of Louisiana, Johnson of Georgia, King. Lewis, Mangum, Ma- I son, Metealf, Pearce, Sebastian, Spruance, Sturgeon, Tur- ! iiev, Underwood. I '> Those who \ oted in the negative arc : 1 " Messrs. .-Mien, .Mherton, Baldwin, Bradbury, Breede, Clark, Corwin, Davis of Ma.ssaehusetLs, Dayloii, Dii, Dodge. Feleh, Green, Hale, Hamlin, .Miller, Nile?, Phelps, ; Ipham, Walker, Webster. I " So the proposed amendment was agreed to." I The bill, as amended, was then ordered to be engrossed for a third reading, by a vote of 33 to I 2*2, and was read the third time, and passed on the 5 same day. By the classification of the votes for my |>rop(isiti(in to carry out the Missouri com- : promise, it will be seen that all the southern Sen- ators, twenty-six in number, including Mr. Cal- j houn, voted in the affirmative; and of the northern Senators, seven voted in the affirmative and twen- ty-one in the negative. The proposition was re- jected in the House of Renresentalives by almost 'a siclional vote, the whole South voting for it, ; and a large majority of the North against it. i It was the rejection of that proposition— the rc- ' pudiation of the policy of an equitable partition of the territory between the two sections, on the line of 360^0' — which reopened the floodgates of slavery agitation and deluged the whole country with sectional strife and bitterness, until the Union was again brought to the verge of disruption, before tiie swelling tide of bitter waters could be turned back, and passion and prejudice could be made to give place to reason and patriotism. Had the Senate's proposition been concurred in by the House of Representatives; had the pol- icy of an equitable partition been adhered to; had the Missouri compromise been carried out in good faith, tlirough our newly acquired territory, ' to the Pacific ocean, there would have been an : end to the slavery agitation forever. For, the line ■ of partition between free and slave territory being once firmly established and distinctly defined from the Atlantic to the Pacific, all new acqui- sitions, whether on the North or the South, would i have conformed to that adjustment, without ex- [ citing the passions, or wounding the sensibilities,! or disturbing the harmony of our people. I do | not think it would have made any material dif-l ference in respect to the condition of the new i States to be formed out of such territory, for I ] have always believed, and often said, that the existence or non-existence of African slavery de- pends more upon the necessities of climate, health, and productions, than upon congressional and territorial enactments. It was in reference to this great truth that Mr. Webster said that the con- j dition of all the territory acquired from Mexico,' so far as the question of slavery was concerned, was irrevocably fixed and settled by an irrepeal- able law — the law of climate, and of physical ge-1 ography, and of the formation of the earth. You ' might as well attempt by act of Congress to com- | pel cotton to grow upon the tops of the Rocky' Mountains and rice upon the summits of the Sierra Nevada, as to compel slavery to exist, by congressional enactment, where neither climate, ' nor health, nor productions, will render it neces- sary and self-sustaining. Yet the desire, on the one hand, for the extension of slavery into re- gions where it is physically impossible to sustain it, and, on the other hand, to abolish and exclude it from those countries wliere the white man can- not endure the climate and cultivate the soil, threatens to keep the agitation of this question perpetually in Congress, until the passions of the people shall become so inflamed that civil war and disunion shall become inevitable. It is the territorial question — whether slavery shall exist in those vast regions, in utter disregard of the wishes and necessities of the people inhabiting them — that is convulsing and dissolving the Re- public; a question in which we have no direct interest, about which we have very little knowl- edge, and which the people of those Territories must and will eventually decide for themselves and to suit themselves, no matter what Congress may do. But for this territorial question there would be very little difRculty in settling the other matters in controversy. The Abolitionists could never endanger the peace of the country or the existence of the Union by the agitation of the slavery question in the District of Columbia by itself, or in the dock-yards, forts, and arsenals in the slaveholding States, or upon the fugitive slave law, or upon any minor issue, or upon them all together, if the territorial question could be finally and irrevocably settled. I repeat, it was the repudiation of the policy of the Missouri compromise, the refusal to apply it to the territory acquired from Mexico, when of- fered by me, and supported by the whole South, in August, 1848, which reopened the agitation and revived the Missouri controversy. The com- promise of 1820 once repudiated, the policy of an equitable partition of the territory abandoned, the proposition to extend it to the Pacific being re- jected, and the origmal controversy reopened with increased bitterness, each party threw itself back on its original extreme position — the one demand- ing its exclusion everywhere, and the other in- sisting upon its right to go everywhere in the Territories, Tegardless of the wishes of the people inhabiting them. All the arguments,p7-o and con., used in 1819-20 were repeated in 1849-50. The question was the same, and the relative position of the two sections the same. Such was the condition of things at the open- ing of the session of 1849-50, when Mr. Clay resumed his seat in this body. The purest patriots in tiie land had become alarmed for the fate of the Republic. The im- mortal Clay, whose life had been devoted to the rights, interests, and glory of his country, had retired to the shades of Ashland to prepare for an- other and a better world. When, in his retirement, hearing the harsh and discordant notes of sec- tional strife and disunion, he consented, at the earnest solicitation of his countrymen, to resume his seat in the Senate, the theater of his great deeds, to see if, by his experience, his wisdom, the renown of his great name, and his strong hold upon the confidence and affections of the Ameri- can people, he could not do something to restore peace to a distracted country. From the moment of his arrival among us he became, by common consent, and as a matter of course, the leader of the Union men. His first idea was to revive and extend to the Pacificocean the Missouri compro- mise line, with the same understanding and legal effect in which it had been adopted in 1820, and continued through Texas in 1845. I was one of his humble followers and trusted friends in en- deavoring to carry out that policy, and in connec- tion with others, at his special request, carefully canvassed both Houses of Congress to ascertain whether it was possible to obtain a majority vote in each House for the measure. We found no dif- ficulty with the southern Senators and Repre- sentatives, and could secure the cooperation of a minority from the North; but not enough to give us a majority in both Houses. Hence the Mis- souri compromise was abandoned by its friends, nor from choice, but from ikability to carry it into effect in good faith. It was with extreme re- luctance that Mr. Clay, and those of us who acted with him and shared his confidence, were lirought to the conclusion that v/e must abandon, from in- ability to carry out, the line of policy which had saved the Union in 1820, and given peace to the country for many happy years. Finding ourselves unable to maintain that pol- 4 cy, we yielded to a stern necessity, and turned I to open and proti'Ct tlio nmtes of emigration and ur attention to the discovery of some other plan i travel to California and Oregon could not be de- _y which the existing difficulties could be settled, i nied. The measure could not be postponed longer and future troubles avoided. I need not detail the I without endangering the peace of the frontier set- circumstances under which Mr. Clay brought for- : tlements, and incurring the hazards of an Indian ward his plan of adjustment, which received the ! war, growing out of the constant collisions be- sanction of the two Houses of Congress and the I tween the emigrants and the Indian tribes through approbation of the American people, and is famil- | whose country they were compellc'd to pass, iarly known as the compromise measures of 1850. 1 Early in December, 1853, Senator Dodge, of These measures were designed to accomplish the i Iowa, introduced a bill for the organization of the same results as the act of 182(), but in a different : Territory of Nebraska, which was referred to the mode. The leading feature and chief merit of Committee on Territories, of which I was chair- each was to banish the slavery agitation from the man. The committee did not volunteer their ser- Halls of Congress and the arena of Federal poli- | vices on the occasion. The bill was referred to tics. The act of 1820 was intended to attain this us by the vote of the Senate, and our action was end by an equitable partition of the Territories ; in discharge of a plain duly imposed upon us by between the contending sections. The acts of 1850 ! an express command of the body, were designed to atuiin the same i.nd by remitting The first r|uestion which addressed itself to the the whole question of slavery to the decision of the calm and deliberate consideration of the comtnit- peopleof the Territories,. subject tit the limitations ! tee was: upon what basis shall the organization of the Constitution, and let the Federal courts j of the territory be formed.' Whether upon the determine the validity and constitutionality of the I theory of a geographical line and an equitable par- territorial enactments tVom time to time, as cases I tition of the territory in accordance with the corn- should arise and appeals be taken to the Supreme promise of 1820, which had been abandoned by Court of the United States. The one, proposed to | its supporters not from choice, but from our in-^ settle the question by a geographical line and an ' ability to carry it out: or upon the principle of equitable partition; and the other by the principles non-intervention and popular sovereignty, accord- ofpopularsovereigntyinaccordance with the Con- ) ing to the compromise measures of 1850, which stitution. The object of both being the same, I i had taken the place of the Missouri compromise.' supported each in turn a.s a means of attaining a j The committee, upon mature deliberation, and desirable end. i with great unaiiimity, decided that all future ter- After the compromise measures of 1S50 had be- ritorial organizations should be formed upon the come the law of the land, those who had opposed I principles and model of the compromise mea.sures their enactment appealed to their constituents to' of 1850, inasmuch as in the recent presidential sustain them in their opposition, and implored] election (1852) botli of the great political parties them not to acquiesce in the principles upon which of the country, (Whig and Democratic,) of which they were founded, and never to cease to war upon I the Senate was composed, stood pledged to those them until they should be annulled and effaced measures as a substitute for the act of 1620; and from the statute-book. The contest before the ' the committee instructed me, as their organ, to people was fierce and bitter, accompanied some- i prepare a report and draft a substitute for Mr. times with acts of violence and intimidation; but ; Dodge's bill in accordance with these views. I^ fortunately,Mr.Claylivedlongenough lofeeland I will now read from the record, at the hazard of know that his last great efforts for the peace of the country and the'perpetuity of the Union — the crowning acts of a brilliant and glorious career in the public service — had met the approval and re- ceived the almost unanimous indorticment of his grateful countrymen. The repose which thecoun- try was permitted to enjoy for a brief period w../,„^,l t^ K.^ n toniMnrniv iiiice ill the sectional' lion which itasrciit iniimrtiinct! demuiids, and beg leave to pioved to be a tempoiaiy tiucc in the s- ciioiai ^ report it b.-.ck to the .Senaie, with various amendmenis, in conflict, and not a permanent peace upon the sla- » very question. The purpose of reopening the being somewhat tedious, in order that the Senate and the country may judge with what fidelity I performed this duty: " Jaiinary 4ih, 1654, Mr. IJoi-olas niado tlie fullowing report : "The Coinuiitlec on Tfiritories. to which w.-is re- ferred a hill lor an act to establish the Territorv- of Nebraskn, liavc jivcn the same tliat serious and dcliberair cnnsldera- rni ol'a snbsliiute for tiie hill. JMie principal nnicndnienis which yonr roniinlttoe aeitation for a cono-ressional prohibition of sla- i deem It ihi-irduty to commend lo the lavornble notion oi :?ry in all the Territories whenever an opportu- , X^:^:;,^:^:;X^';i!JZ:il;^:^':::::::^o/^^ nity or excuse could be had, seems never to Jiave | far as ihry arc upplioalile lo territorial organlz:iIions, .ye been abandoned by those who originated th scheme for partisan pur|ioses, in 1815*, and were baffled in their designs by the adoi)ti()n of the Mi.s- souri compromise in 1820; and who renewed the attempt in 1848, but were again doomed to .•4u(1er a mortifying defeat in the adoption of the compro- mise measures of 1850. Theon|e. It has Viossession of the southern mind, sunk deep southern heart, and filled them with the that their firesides, their family altars, lomestic institutions, are to be ruthlessly assailed through the machinery of the Federal Government. The Senator from Ohio says he does not blame you, southern Senators, nor the ; southern people, for believing those things; and yet, instead of doing those acts which will relieve your ap])rehensions, and render it impossible that your rights should be invaded by Federal power under any Administration, he threatens you with : war, armies, military force, linder pretext of en- ' forcing the laws and preserving the Union. We are told that the authority of the Government must be vindicated; that the Union must be j^reserved; that rebellion must be put down; that insurrec- tions must be suppressed, and the laws must be enforced. I agree to all this. I am in favor of doing all these things according to the Consti- ' tution and laws. No man will go further than I ! to maintain the jiist authority of the Government, ; to preserve the Union, to put down rebellion, to ' suppress insurrection, and to enforce the laws. I ■ would use all the powers conferred by the Con- stitution for this purpose. But, in the perform- ance of these importantand delicate duties, it must be borne in mind that those powers only must be used, and such measures employed, as are au- thorized by the Constitution and laws. Things should be called by the right names; and facts, whose existence can no longer be denied, should ' be acknowledged. Insurrections and. rebellions, although unlaw- ful and criminal, Irequently become successful revolutions. The strongest Governments and proudest nionarchs on earth have often been re- duced to the humiliating necessity of recognizing the existence of Governments sseiuial to their in-! terests and prosperity, that he did not hesitate to i declare that if Spain or France insisted upon re- tainins; possession of the mouth of that river, it would become the duty of the United States to take it by arms, if they failed to acquire it by treaty. If the possession of that river, with jurisdiction j over its mouth and channel, was indispensable to | the people of the Northwest when we luid two j hundred thousand inhabitants, is it reasonable to , suppose that we will voluntarily surrender it now j when we have ten million people r Louisiana was not purchased for the exclusive benefit of the few Spanish and French residents in the territory, nor for those who might become residents. These considerations did not enter into the negotiations and formed no inducement to the acquisition. Louisiana was purchased with tlie national treas- ure, for the common benefit of the whole Union in general, and for the safety, convenience, and prosperity of the Northwest in particular. We paid $15,000,000 for the territory. We have ex- pended much more than that sum in the extin- guishment of Indian titles, the removal of Indians, tliesurveyof lands, the erection of custom-houses, light-houses, forts, and arsenals. We admitted the inhabitants into the Union on an equal foot- ing with oursi.lvcs. Now we are called upon to aaknowledge the moral and constitutional right of those people to dissolve the Union without the consent of the other States; to seize the forts, arsenals, and other public properly, and appro- priate them to their own use; to take possession of the Mi.ssissippi river, and exercise jurisdiction over the same, and to reannex herself to France, or remain an independent nation, or to form alli- ances with such other foreign Powers as she, in the plenitude of her sovereign will and pleasure, may see fit. If this thing is to be done — peaceably, if you can; and forcibly, if you must — all I pro- pose to say at this time is, that you cainiot exj)eot us of the Northwest to yield our assent to it, nor to acknowledge your right to do it, or the pro- priety and justice of the act. The respectful attention with which my friend from Florida [Mr. Yulee] is listening to me, re- minds nil' that his State furnishes an apt illustra- tion of this modern doctrine of secession. We paid five million for the Territory. We expended marvelous sums in subduing the Indians, extin- guishing Indian titles, removal of Indians beyond her borders, surveying the lands, building light- houses, navy-yards, forts, and arsenals, wiili un- told millions fortlie never-ending Florida claims. I assure my friend that I do not refer to these things in an offensive sense, for he knows how much respect I have for him, anil has not forgot- ten my elforts in tlie House many years ago, to secure the admission of his State into the Union, in order that he miglit represent her, as he has since done with so much ability and fidelity, in this body. But 1 will say that it never occurred to me at that time that the SuUe whosi; admission into th<; Union 1 was advocating would be one of the first to join in a scheme to break up the Union. I submit it to him whether it is not an extraordi- nary spectacle to see that Siiite, which has cost us so much blood and treasure, turn her back on the Union which has fostered and protected her when she was too feeble to protect her.self, and seize the light-houses, navy-yards, forts, and arsenals, I which, although within her boundaries, were erected with national funds, for the benefit and defense of the whole Union. I do not know that I can find a more striking , illustration of this doctrine of secession than was suggested to my mind when reading the Presi- dent's last annual message. My attention was first arrested by the remarkable passage, that the I Federal Government had no power to coerce a State back into the Union if she did secede; and my admiration was unbounded when I found, a few lines afterwards, a recommendation to appro- priate money to purchase the island of Cuba. It occurred tome instantly, whata brilliantachieve- ment it would be to pay Spain