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 .S554 SPEECH 
 
 Copy 2 
 
 HON. ELI S. SHORTER, OF ALABAMA, 
 
 MASSACHUSEITS PEUSOXVL LIBERTY BILL 
 
 CONSTITUriON.VL RIGHTS OF THE SOUTH. 
 
 DETJVERED IN THE HOUSE OF UEl'RESENTATIVE3 APRIL 9, 185S. 
 
 WAS III Xr; TON: 
 
 PKINTED AT THE UNION OFFICE, 
 
 1856. 
 
 \ 
 

 SPEECH. 
 
 The House being in Conimittee of the Whole on the state of the 
 Union, 
 
 Mr. SHORTER said : 
 
 Mr. Chairman : The gentleman from Massachusetts, [Mr. Dam- 
 RELL,] who addressed the House on the 18th of last month, took occa- 
 sion in his remarks to allude, as I thought, rather sarcastically to certain 
 resolutions which 1 attempted on several occasions to introduce for the 
 consideration of this body. Those resolutions had reference to an act 
 passed by the legislature of his State in the month of May last nullify- 
 ing the fugitive-slave law of A. D. 1850. I propose this morning to 
 devote a portion of my time to a discussion of the principles involved 
 in those resolutions, and, after that, to pay my respects to the honor-- 
 able gentleman, and attempt a reply to some points in his speech to 
 which my attention has been called. 
 
 It is true, sir, that my resolutions are not before the House for its 
 immediate action, because, whenever they were offered, objections 
 were interposed from the opposite side of the hall. Thus, a fair dis- 
 cussion of their merits, and the expression upon record of the opinion 
 of this House thereon, have been evaded by a recourse to the tech- 
 nicalities of tlie rules by which the . legislation of the country is here 
 conducted. From the pohtical organization of this House, no man 
 could reasonably expect ever to be able to press to a final vote any res- 
 olution, however sound in principle, which, if adopted, would exclude 
 the delegation of an abolition State, and create a vacancy in the 
 Speaker's chair. 
 
 Mr. Chairman, the fifteen slave-holding States of this Union are vitally 
 interested in the faithful execution of the fugitive-slave law. The ri^ht 
 of recapture is guarantied to them by the constitution of the United 
 States, and Congress has passed laws to enforce that right. But ]VIassa>- 
 chusetts, unmindful of the obligations she owes to the South, has seen 
 proper, by her personal-liberty bill, practically to deny us the enjoy- 
 ment of that right upon her soil. To-day we also find the great State 
 of Ohio beginning a system of legislation similar to that adopted by 
 Massachusetts. It is difficult, indeed, to enforce at this time the law 
 for the recovery of fugitive slaves in any of the northern States. If 
 Massachusetts has the right to nullify the act of A. D. 1850, she may 
 also, with equal propriety, repudiate all laws passed by Congress, If 
 one State can assume such a position, and maintain it unthin the Union, 
 so miy every other State follow her example. Wiiat, then, becomes 
 of that clause of the constitution of our country which reads: 
 
 "No person held to service or labor in one State, under the laws thereof, escaping i^to 
 another, shall, in consequence of any law or regulation therein, be discharged from such sec- 
 vice or labor, but shall be delivered up on claim of the party to whom sucli service or labor 
 may be due. 
 
I do not intend to discuss the question involving: the right of the South 
 to hold their slaveys. That is a sul)j<>ct over which you lirivf no juris- 
 diction. The gentleman from New Vork, [Mr. Guangek,] in the very 
 extraordinary speech wliich he dr'iivered here a few days ago — and 
 which, bv-lhe-l)V, was nothing more than an echo (and a leeble one at 
 vtliat) of the address puMished hy th*^ radical abolitionists who held 
 tiieir meeting last year in Syracuse — denied that there was any hsral 
 ilavenj in the United States. I commend to his study the history of 
 his country. If, however, he entertains any doubts as to the lf^j;itlit\j 
 of the institution in Alofiama, let him visit my State and viohite our 
 laws regulating slave pro[)erty, and in that manner he can satisfy 
 liiiiiself. Let me tell him, sir, that the South does not derive the right 
 and title to her slaves from the constitution of the United Slates. We 
 hold them by virtue of a power greater tlian that constitution — one 
 •which existed belbre its adoption, and which is above and beyond it. 
 We hnld them hy virtue of State (ntthoriiij. When the constitution was 
 adopted, it recognist'd slavery as an existing institution, and threw 
 around it the protecting arm of the government. The question now is, 
 whetlier that j)rotection shall be afliirded tt) tlie South, and her people 
 sustained in their constitutional rights? 
 
 The vast amount of capital invested in this species of property may 
 be readily ascertained by reference to the census of A. D. 1850. The 
 aggregate numb«>r of slaves throughout the South is about three million 
 two hundred thousand. Their present market valuation may be esti- 
 mated at two thousand millions of dollars. The New York Times, an 
 abolition paper, states that, since the passage of the fugitive law in 
 ISoO, thirty-Jive thousand slaves have made their escape from the South 
 into the free States, and have been lost to their owners! Why is it, I 
 ask, that the border Stales are thus subjcH^ed to a loss o{ four iniHions 
 of dollars amuially ? Because of the failure of a portion of ihe.noriliern 
 j)eople to discharge their constitutional obligations. No wonder, then, 
 the South is so keenly sensitive upon this sid)j'.'ct. 
 
 It is well known, sir, that when the constitution of the United States 
 was adopted African slavery existed in nearly all of the original thirteen 
 States. Several of them had, j)revious to that time, commenced a 
 system of legislation looking to the gradual emancijiation of their slaves. 
 For all practical purpos(;s, when the convention assembled, one-half of 
 tlie States represented may be regarded as being opposed to slavery. 
 Under these circumstances, when our fithers met together to frame the 
 constitution — with the recollections of the glorious revolutionary strnogle 
 throuuh which they had just passed still fresh in th(^ir memories — tiny 
 found it necessary, in or(ler to establish the I'nion, to yield to the South 
 tlie right to recapture their fugitive slaves wherever they were found. 
 A clause guarantying that right was inserted into the constitution without 
 a dissenting voice. Massachusetts was pres<<nt in the persons of Gorman 
 and King, and signed the bond ! She afterwarrls ratified their action 
 by ailopting the constitution in her sovereign capacity. Without that 
 clause in the constitution the Union never would have existed. Destroy 
 it practically by State action, or by the repeal of the fugitive act of 
 1850, and you Ijelieve that the South, less patriotic now than in the 
 days of the revolution, will quietly sul)mitto the sacrifice of her rights. 
 
and still cling to the Union ? If such is public opinion at the North, let It 
 be at once undeceived. We understand, gentlemen, what our rights are 
 under the constitution, and with the blessing of God we mean to 
 maintain them. We ask for nothing more — ivill he content with nothing less. 
 
 When the Union was formed, all the States that were parties thereto 
 agreed, as before stated, by solemn comiKict, to deliver up fugitive 
 slaves on demand of their owners. How has that compact been 
 observed by some of the northern States? Let the $4,000,000 annually 
 lost by the South in fugitive slaves answer the question. Let the personal- 
 liberty bill of Massachusetts speak. And yet — "tell it not in Gath, 
 pubhsh it not in the streets of Askalon" — we find honorable members 
 from that State coming into this hall, and, with unblushing effrontery, 
 talk to us about the injustice practised upon the North in the repeal 
 of the "Missouri Compromise." Go back, gentlemen, to the original 
 compact which 3'our fathers made with our fathers when the Union had 
 its birth. Inquire if you have complied with the conditions of that 
 bond i If you have been faithless to your constitutional obligations, it 
 ill becomes you to complain of violated faith, even if any wrong Imd 
 been done 3^ou by the repeal of the Missouri restriction. Why, sir, 
 soon after the adoption of the constitution, the free States themsleves 
 believed it was their duty, from the terms of the compact, to aid in the 
 surrender of fugitive slaves ; and many of them passed laws to facilitate 
 their recovery. They have the right, and I hold are in honor bound, 
 to legislate in such a manner as will assist southern men in recapturing 
 their slaves ; but they have no power to pass any laws limiting or 
 restraining the exercise of the constitutional right of recapture. 
 
 What has been the history of the legislation of Congress on this sub- 
 ject? The first fugitive-slave act was passed in 1793, and was signed 
 by the "Father of his Country." But experience developed defects in 
 that law, and it became necessary to change it. What were those de- 
 fects? The judge or magistrate had no power to issue a warrant for 
 the arrest of the fugitive, or for his committal after conviction. The 
 sheriff was not liable officially for an escape ; and the penalty imposed 
 for resisting or obstructing the law was too small to secure its enforce- 
 ment. Under those circumstances, the South demanded further legis- 
 lation from Congress to protect her constitutional rights. The act of 
 1850 was passed; but how did it pass? Was it granted to us as a 
 matter of right? By no means; but reluctantly yielded by way of a 
 compromise ! The war with Mexico had terminated ; the flag of our 
 country had been borne in trium{)h over many a field of carnage, until 
 it waved over the halls of the Montezumas. Peace came, and brought 
 with it, as the spoils of victory, a vast acquisition of territory to the 
 Union. But how much did the South receive for her portion? Cali- 
 tornia was forced prematurely into the Union as a free State, and by 
 that act the South was robbed of an empire on the Pacific, richer than 
 that of the Coesars. The terror of the Mexican law abolishing slavery 
 now hangs over Utah and New Mexico, and excludes southern emigra- 
 tion. At the point of the federal bayonet the citizens of Texas were 
 driven off" fi-om a part of their soil, and forced to sell her slave territory 
 to enlarge the limits of an embryo free State. You violated the consti- 
 tutian of the United States by abolishing the slave trade in the District 
 
of Columbia, and giving freedom to tlio slave as a penalty for the 
 
 inlracLion ofilie law. And what, i ask, did wo of the t^oulh receive? 
 
 Did we not. hear our hill share of tiic hurdons which that war imposed? 
 
 Did we not hirnish iifariy two-thirds of \hv soldiers, and among them % 
 
 the lower of our Rivalry, who iLught those memorable battles which JJHf 
 
 shed such imperishable glory upon our arms? Was not a southern ^H 
 
 general the hero oflJuena Vista? Did not my distinguished friend 
 
 wlu) now sits near me, [Cieneral (^it.man,] thatrwhom a tru. r patriot 
 
 or braver soldier never lived, cause the first Ameriean flag to be 
 
 unfurled 111 the hour of victory over the capitol of the enemy? All 
 
 tins was done by the South; and not a foot of the territory acquired 
 
 by the treaty of Uaudalupe Hidalgo was assigned to us! 
 
 But what did we get under the misnamed •' compromise" of 1S50? 
 Thcjiigitnc-slave law, and th rqical of the old Missouri nstridion ! Why 
 was It necessary fbr the South to abandon rights so important to her 
 welfare lor the act to recover her fugitive slaves? Did not the consti- 
 tution, from the founduion of ihe government, guaranty her that ri^ht? 
 Certainly it did. But the iNorth refused to execute the law of l'7'j;3. 
 Under such circumstances, tlieref()re, and as a compromisp with the 
 Nordi the act of IboO became a law. It clearly is entiiled to more 
 consideraiion than mere ordinary le^Mslation. i3ut, notwithstanding 
 Uiat, the abolitionists themselves assert thai the South has lost in fli»i- 
 tjve slaves $35,000,000 since the passage of the act. During the 
 present session of Congress we have heard centlemen rei)rt ^(.witinfr 
 here States that have nuUiHed this law, either 'bv positive enuctmenti 
 or by niol) vioh;nce, descant extensively about "compacts" violated on 
 tlie part of the South. ] hope and pray Cod that my section of the 
 Liiion may never again, in an evil hour, be inclined to "compromise" 
 with the .North on the subject of slavery. A few more such compro- 
 mises as those we have made, and the fate of theSoutfi will be sealed. 
 Let us now briefly (>xamine this personal-liberty bill of Massachu- 
 setts, about which so mueh has been said, and ascertain what are its 
 provisions. I want the whole country, both North and South, to un- 
 derslaii. it; for I have never seen it published in full in any newspa- 
 per. 1 liad to send to Boston for the copy which I have. 
 
 The act extends to fugitive slaves the right oUrial hyjury andhabeaa 
 corpus. "^ '' 
 
 It authorizes the State oflicers to /.^,7 the slave without a minimum 
 Imiit, and gives tlu- jury the right to determine bodi law and fact. 
 
 Ihe owner IS not allowed to testify ; no confessions, admissions, or 
 declarations of the slave are admissible in evi<lenee ; and uo ex parte 
 deposition or alhdavit received in proof in behalf of the claimant. 
 
 A 1 persons holding office under the laws of Massachusetts are prohi- 
 bited tn^ii issuing warrants or serving process in fugitive-slave cases, 
 f^^^<in''"'^l>y¥JorJ'.UureoJc^^^^ 
 lor hoklmg any ofhce in that State. . 
 
 The counsel for claimant is prohibited from ever again practising 
 law m Massachusetts. ' ° 
 
 SheriHs, and all other officers in that State, are prohibited from aid- 
 ing ni the arrest and return of a fugitive slave under penalty of a Jine 
 
6 
 
 not less than one thousand dollars, and by imprisonment in the penitentiary 
 for not less than one nor more than two years . , 
 
 wlX 'u w : no Uy^l he split, but the letter itself, of thatclause 
 rf he^c^ sTitulion whi?h binds Mlssachusetts to deUver v,p our^aves 
 "on claim of the owner V" Does it not completely nullity the act ot 
 1850 'What I a!k, is the constitutional right of recapture on her soil 
 worh to Ihe South toldayy Before the passage o. the pergonal- iber^ 
 bill it cost about 830,000 to execute the law of Congiess when tne 
 slave Burns was arrested in Boston. Now, should my slave escape into 
 Sate an^ll follow him, and -niply with aU the requ.si.ons^^^^ 
 the federal law, I cannot recover my property. No atuorney ean repre 
 ^nt my raise Should I be fortunate enough to arrest my lave, a 
 common jus. ce of the peace has the power to issue the writ olUahm 
 1™ "and discliarge hW on a hail hmid, with no heavier P««lty 'to" 
 onrdolhr! No State officer can come to my assistance, because the 
 
 I'thTl^^irl^la^^nsTo-deniestothe slave *e right oj^tna. 
 by jury and habeas corpus in the State where he is »"2!i JonfliSI 
 orf sjachuset,. confers X^l^^:tZ^Ze^V^:t7^^i 
 r^J^itoTLtri^r-ancf/rrSiJX North, t.e South m.ht as 
 
 The gentleman from New York [Mr.GaANaEa] admitted m his speech 
 • that fhTwrTt of haJjca, corpus "would make savery impossible m 
 Ame ica." Of what value would " trial by jury" be to southern men 
 fnXstchusetts '^ I do not believe that a sl-e would -« be su - 
 A^r-^A tr, h\< ma<;tpr bv a verdict of such a tribunal. It wouiu ue ai 
 moSoileTo empanel a jury in that Stale without having some 
 men rft who bebeve in a higher law than the constitution. How does 
 
 Sri^ti^xr^t^s^s^t ^s ^^ 
 
 :"au?:;Sd rktd m his^ddress that "^is act was ^^ strict^ co.isn- 
 
 tntionil " and should be " unhesitatingly carried into efiect. but upon 
 X^g Lnds does Massachusetts claim that the law - ---— ^1 
 Because it withholds from the slave " trial by jury" andbenefito haheas 
 fon^ '' The act of 1793 was sin ilar in that respect to the act of 1S50. 
 N ther oahem con ferred any such right upon the slave That law ^^^^ 
 ten been examined by the highest judicial tribunals of the country, and 
 
 ""^"i^^once passed a law by which an attempt was made to 
 reauT4e ancfualify the right of the South to reclaim her fugitve slaves 
 '^tm:::t:^Uas f.r L Massachusetts has .one tow-ch de eaUng 
 •that richt. Her law was reviewed at length by Mr. Justice fe tory m 
 . Ihe Supreme Court of the United Slates, m the case of Pngg vs. The 
 
Commonwealth of Pennsylvania. As his opinion covers the whole 
 question, I ask the indulgence of the House to read certain parts of it. 
 Speaking in reference to that clause in the constitution wiiieh treats 
 about fugitive slaves, ho says : 
 
 "Ttie clause was of the last importance to the safety and security of the southern States, 
 and could not have hwn surrcndirpd hy thini without endanpcriiig their whole j>roi)erty in 
 shives. li'jw, then, are we to interpret the lunpuiitje of the clause V The answer id, lu such a 
 manner as conaislcntly with the words shall fully and completely effectuate the whole ohjecta 
 of it." »»•«•»♦«• 
 
 " The clause manifestly contemplates the existence of a positive, unqualified right on the 
 part of the owner of the slave, which no Sliite law can in any way quality, reyuhite. control, or 
 restrain. The slave is not to he discharged from service or lahor in consequence of any Stale 
 law or regulation." 
 
 '• "Now, certainly, without indulging in any nicety of criticism upon words, it may fairly 
 and reasouahly he said that any Stale law or State regulation which interrupts, limits, delays, 
 or posti)ones the riglit of the owner to the immeiliate possession of the slave, and the iuinio- 
 diate command of his service and lahor, operates, pro tanto, a. discharge of the slave there- 
 from." 
 
 The question, sir, resolves itself into a nut-shell. If the personal- 
 liberty bill of Massachusetts, in any particular, ^'■interrupts, limits, de- 
 lays, or ])(ist pones the right of the owner to the immediate possession of 
 the slave," the Supreme Court sa^'s it violates the constitution of the 
 United States. That law docs all these things, and more. It is not 
 only unconstitutional, but is a flagrant breach of good faith to the South 
 on the part of Massachusetts. I concur fully with the President of 
 tlie United States in the opinion expressed in his late annual message, 
 that such an act "would be cause of war as between l()reign powers, and 
 only fails to be such in our system because perpetrated under cover of 
 the Union." 
 
 Mr. Chairman, the fact cannot be concealed — it is so apparent that 
 he "who runs may read it" — that the nuUilying law of Massachusetts 
 is the legitimate oflspring of the deep-sealed anii-slavery feeling which 
 controls the mind and heart of her jieople. To cany out their fanatical 
 puposes, they will override law, order, the constitution, and tlie church 
 itself. They are thoroughly identified with the radical abolitionists who 
 met last year in Syracuse, and proclaimed to the world that there was 
 no "legal slavery in the Unitecf States." That convention adopted a 
 resolution calling uj)on all the northern Stales to pass laws to nullify 
 the fugitive act of 1S50. In their published address to the people of 
 this country they say : 
 
 "Fugitive-slave hills are an outrage, hecause slavery is an outrage. They are unconstitu- 
 tional, hcranse slavery is uncon.stitutional. They arc to be trampled under foot as unlawful, 
 because slavery is to be trampled under foot as unlawful. The national government is to re- 
 peal them by the national suppression of slavery." 
 
 Now, sir, the resolutions which I oflered to the House embraced this 
 principle : that whenever any Slate in the Union, in its sovereign cajiacity, 
 nullifies the laws of Congress and the federal constitution, it is practi- 
 cal secession on the part of said State; and that the general government, 
 represented by Congress, ought to ignore that State in all the appro- 
 priation bills, and exclude her from representation here. That, sir, is 
 my doctrine. I believe in the right of a sovereign State to secede from 
 the Union whenever she determines that the federal constitution has 
 been violated by Congress; and that this aovernment has no ron^tiiu- 
 tional power to coerce such stceding State. Two, at least, of the 
 
10 
 
 was discussed during the past winter in the legislatures of most of the 
 southern States, and found many advocates. It was determined, 
 however, not to adopt that course for the present, but to postpone all 
 action in the hope that a returning sense of justice might yet induce 
 Massachusetts to discharge her constitutional obligations to us. 
 
 There is another circumstance, Mr. Chairman, connected with the 
 history of the abolition party of Massachusetts, which, as it occurs to 
 me now, I desire to notice. After obtaining control of the legislature, 
 passingthe personal-liberty bill, and chartering the Emigrant Aid Society, 
 these men meet together in " Tremont Temple," and send out invita- 
 tions to distinguished southerners to visit Boston and defend the institu- 
 tion of slavery ! I deeply regret that any son of the South felt it to be 
 his duty to favor the proposition. I do not question the motives by 
 which the senator from Georgia [Mr. Toombs] was influenced in going 
 there — they were doubtless patriotic. When I read his able vindica- 
 tion of the institutions of the South, and our constitutional rights in the 
 Union, I was almost inclined to pardon him for not imitating the noble 
 example set him by the gallant Wise of Virginia. But his lecture 
 would now read equally as uell had it been delivered in Washington 
 instead oi Boston. Go to Boston to reason with fanatics on the subject 
 ot slavery ! What good could result from it? Fanaticism has no ear 
 for reason. Sooner aim an arrow at the earth, and expect to see it win a 
 passage through the heavens, or struggle with the "half-starved lion 
 for his prey," than hope to silence fanaticism by the power of argu- 
 ment. 
 
 Mr. Chiarman, I shall now notice a few points made by the honorable 
 gentleman [Mr. Damrell] in his speech to which I have before alluded. 
 Referring to the Congressional Globe, I find he is reported to have said: 
 
 " The gentleman from Alabama (Mr. Shorter) has made an attempt, according to previous 
 promise, to introduce resolutions to expel the Massachusetts delegation from the floor of this 
 House, because in her sovereignty she passed the personal-liberty bill for the protection of her 
 citizens against the operation of the odious slave law. I would suggest to the honorable gen- 
 tleman first to ofler a resolution to expunge the record of Massachusetts from the liistory of 
 the country, and another to slide Bunker Hill and Lexington into the Atlantic;' 
 
 Such, sir, is his language. "Shde Bunker Hill and Lexington into 
 the Atlantic?" God forbid it! Cursed be the man who could enter- 
 tain such a thought. Rather let them stand where they are, as everlast- 
 ing mour.ments to the patriotism of a race now almost extinct in Massa- 
 chusetts. Perhaps they may be the means of awakening in the hearts 
 of a generation yet to be born upon that soil a desire to emulate the val- 
 orous deeds of those illustrious men whose names are so identified with 
 th(jse consecrated places that the wing of time can never effiice them. 
 Sir, I have a veneration even for the rude mounds which the wild Indians 
 have left scattered throughout the dense forests of the South. I venerate 
 tlum, because tradition says they were erected in memory of some 
 gallant chieltain whose arm was mighty in war — whose heart was de- 
 voted to his tribe ! 
 
 No, no ! 1 would never rob Massachusetts, notwithstanding she has 
 trampled under loot the constitutional rights of my section, of a single 
 laurel that she has won in fighting the battles of the revolution. I de- 
 light to read her early history. In those days that " tried men's t-ouls" 
 she had ^a^no^s and statesmen among her sons ; men who, to-dnv, if thev ne. 
 
11 
 
 were permitted to revisit the fields of their gloiy, would blush at the 
 position which ^I;issachusctls lias now assumed towards her sister 
 soulhrrn Slates. They would {)ray Heaven that the sj)irit of wisdom, 
 moderation, ami justice mi;,'ht a^rain relur» to that old Commonwealth, 
 and dwell in her council halls ! They would call to mind the time 
 when Boston was in possession of the enemy, her citizens driven from 
 their homes, and cxjjosed to the j)itiless storms — when, in, that dark 
 hour of her history, the genius of Massachusetts, with outstretched 
 hands and a bleechug heart, appealed to the South ihr aid and j)roiec- 
 tion ! And Aojy, 1 ask you — how w us, that appeal responded to/ Did 
 not a southern patriot from the banks of the beautiful Potomac — himself 
 a slaveholder — ily to her rescue like an angel of liberty, and deliver 
 her peoj)le fro/n the bonds of captivity ? But let a descendant of the 
 family ot Wasiiington now go to the city of Boston to reclaim hi? fugitive 
 slave — let him take with him the constitution of hib' country, b}- which 
 Massachusetts is solemnly bounti to surrender him — instead of recovering 
 his property, he is, fortunate indeed if he himself escapes with his life ! 
 Well may Massachusetts exclaim, ''Tcmjiora mutant ur et nos, mutamur 
 cum iUis r 
 
 The gentleman, sir, referred in rather a boastful manner to the 
 ^^rccord^^ of his State, .and suggested to me the propriety ol'oflering a 
 resolution to expunge it from the history ol the country ! Let me as- 
 sure that gentleman that so long as I enjoy the honor of a seat in Con- 
 gress 1 shall act in the discharge of my olficial duties on the responsi- 
 bility of my own judgment, and that whenever 1 need his counsel he will 
 not be re({uired to volunteer it? 
 
 But, Mr. Chiiirman, since the gentleman has seen proper to assail 
 the State of Mississij)pi, and to challenge a discussion of the "record" of 
 his own State, I will take up the gauntlet he has thrown down, and 
 enter the arena. I shall not be so ungallaut as to defend Mississi])pi 
 here. She htxs her own champions upon this floor; and among them, 
 one at least, who has stood by tiie " Hash of the canuon," and success- 
 fully defended her honor amidst the thunders of battle! 
 
 1 make free, however, to say that there arc some things in the 
 •'record" of Massachusetts which, if I could, I would, for the honor of 
 my country, gladly expunge. Would you know what they are? I 
 would expunge the fact that the hero (!) of the disgraceful surrender 
 of Detroit — the man who was sentenced by court martial to be execu- 
 ted, but was afterwards pardoned — had his home in Massachusetts. 
 I would expunge the history of that State during the war with Great 
 Britain in 181*2. I would consign to the flames the letter written by 
 her governor at that time in answer to a call made upon him by Gen- 
 eral Dearborn for troops to defend her own sencoast and her own 
 towns. I would draw black lines arouinl the fact that iMassachusetts 
 was the author of the treasonable Hartford Convention. I would ex- 
 punge \he brutal murder of Bat cheldcr. I would wipe from the steps of 
 her capitol the stain where he poured out his heart's blood in defence 
 of the majesty of law antl the constitution of his counlrv! 
 
 There is another thing over which, God knows, if I had the power, 
 I would throw a puli as dark as Erebus — I refer to the rppolutions that 
 were acted upon in the senate and house of the Massachusetts legisla- 
 
12 
 
 lure during our war with Mexico. At that time the battle of Buena 
 Vista had been fought and won. The first tidings of victory that came 
 to us seemed to be borne on the wings of the wind, and spread over the 
 Union with electric speed. The heart of the country leaped lor joy. 
 Every tongue was eloquent with the names and deeds ot" Taylor, Lane, 
 Davis, Marshall, and their illustrious associates in arms. But Arkan- 
 sas was called to mourn the death of her gallant Yell, Illinois her Har- 
 din, Kentucky her McKee and Clay. The flag of the stars and stripes 
 was entwined with the laurel and the myrtle — emblems of a nation's 
 joy and a nation's grief! Under such circumstances, the legislature of 
 Massachusetts met, and the following resolutions, having passed the 
 house, were offered in her senate : 
 
 " Resolved, That the thanks of the legislatnre are due, and they are hereby tendered, to 
 Major General Zachary Taylor, his otficers and men, for the fidelity, skill, and courage which 
 have distinguished their successful oi)eration3 in the campaign of Mexico. 
 
 " Resolved, That while the jteojile and legislature of Massiichusetts feel proud of the brilliant 
 achievements of the army rnijiloyed in the war against Mexico, they mourn the loss of the 
 officers and men who have gallantly fallen upon the battle lield, and sincerely sympathize 
 with their relatives and friends." 
 
 But few members appear (by the report now before me) to have 
 been present when the final vote on these resolutions was taken. Only 
 Jour, however, are recorded in the affirmative ; v/YiWe, Jourtccn voted in 
 the negative ! 
 
 But, sir, that was not the only resolution that was entertained by 
 that legislature. The following was passed by the House ; but to the 
 honor of the democratic party be it said, they voted against it and stood 
 by their country : 
 
 " Resolved, That such a war of conquest, so hateful in its objects, so wanton, unjust, and 
 unconstitutional in its origin and character, must be regarded as a war against freedom^ 
 against humanity, against justice, against the Union, against the constitution, and ayainsi the 
 Jrte Slates." 
 
 Mark the climax! The}' place the "free States" above freedom, 
 humanity, justice, the Union, and the constitution! Those resolutions, 
 sir, hjicuk for tlirmsdvcs ; and here 1 will close the book containing the 
 "historic glories" of the State of Massachusetts! 
 
 But, before I dismiss the subject, there is one other fact so highly 
 appropriate to the occasion, that I must mention it for the benefit of 
 future historians. It is this : when the illustrious Mississippian on my 
 right [General Quitman] captured the cily of Mexico, and entered the 
 palace of Santa Anna, lie found there, to his mortification and regret, a 
 copy of these Massachusetts resolations ! The world may judge whether 
 they gave aid and comfort to the enemy ! 
 
 But, Mr. Chairman, there are other parts of the gentleman's speech 
 to whicli 1 desire to direct the attention of the House. Speaking about 
 the Kansas question, and in reply to the gentleman from Mis.souri, [Mr. 
 Oliver,] he says : 
 
 "Who made Missouri the guardian of Kansas Territory? I admit it was prejudiqhl to the 
 peculiar institutions of Missouri, but not to her true interests, to settle Kansas witK freemen. 
 Northern emigrants have never been sent to the Territory to interfere directly with slavery in 
 Missouri, but to establish freedom in Kansas." 
 
 Now, sir, in true Yankee style, to which the gentleman surely cannot 
 object, I run the question he asks back again to him, and inquire who 
 
13 
 
 made Masmchusclts the guardian of Kiuisas? To whal jurisdiction did 
 she apply for letters of guardianship ? She seems to have chartered 
 the first company to take possession of tlie Territory, and to sliapeaud 
 control the future destinies of Kansas. Where did you get your au- 
 thority from? He admits that it would he prejudicial to the '« peculiar 
 msUtiulom'" of Missouri, but contends that her '' true interests" wouhl 
 not suffer, for slavery to be excluded from that Territory. Who is the 
 better qualified to judge of that matter — the State of Missouri, or the 
 honorable gentleman himself/ Missouri thinks, and so d-.es the whole 
 South, that her -'true interests" would be sacrificed by the creation of 
 a free State on her western border. The " true interests" of the soutliern 
 States are identified with their "peculiar institutions." Wliatever 
 affects the one reaches the other ; strike down the one and the other 
 falls also. 
 
 There is another admission which the gentlemnn makes that is 
 worthy of notice. It is nothing new to the country ; but heretotbie 
 his party, according to my recollection, has denied the charge. He 
 adnuts that men have been ''sent" by the North to estabhsli " freedom" 
 m Kansas. The apologists of the Emigrant Aid Society of his State 
 have contended that they only " aided""honest emigran\s in reaching 
 that Territory when they desired, of their own accord, to go there' and 
 make it their permanent homes. The gentleman, however^ now admits 
 that men have been " sent" there, and that, too, for a purpose. 
 
 Again: he says the ''North is determined to send into Kansas her 
 best men, with strong arms and brave hearts, who will fearlessly r;dly 
 around the stan(hird of freedom," &c. If the country is involved in 
 civil war over this Kansas question, the responsibilities will rest upon 
 the abolition or black republican party of the North. They violated 
 the principle of " non-intervention" contained in the Nebraska act, and 
 inaugurated the system of sending men into Kansas to "establish free- 
 dom," and exclude the South from her equal rights in the common 
 territories of the Union. And now the gentleman rises in his place 
 on this floor and proclaims t.) the country that the North (by which, I 
 suppose, he means the black republicans) is determined to send her 
 "best men, with strong arms and brave hearts" to defend the standard 
 of "freedom" in Kansas. Well, sir, I am glad you have infi)rme(l us 
 of that fact. Forewarned, forearmed. If that is your plan of operations, 
 then, in beh:ilf of the South, I say, send on your "best men" and your 
 "brave hearts;" they will find men as good, and hearts as brave ns 
 theirs, to oppose them. Call in to your assistance the fanatical 
 clergymen of your party— men who put on the "livery of Henven to 
 serve the devil in" — convert the pulpit from its holy purposes into a 
 political' rostrum. Instead of "Cluist, and him crucified," let the 
 "wrongs of Kansas" be your theme. In the place of songs and 
 anthems to the most High, raise your voices "in shrieks for freedom." 
 Call together your Becchers, and Sillimajis, and Duttons, and re-enact 
 the disgraceful scenes which w^ere recently witnessed in a church at 
 New Haven. Where ever before, in the history of this country, was 
 jlhere collected together in a temple dedicated to the worship of the 
 ■jving God such a compound al- " black spirits and while, blue spirits 
 gray," as were there assembled ? It reminded me of the infernal 
 
14 
 
 •r. ATor^-h^tli— with the boilinty cauldron in the ceutre — Dut- 
 toTS; SL™ in titat,onof iho three witches their illu. 
 trro'ufprototypTs, threw in the " poisoned entrals ," and exclauBed : 
 
 "Double, double, toil and trouble;^ 
 Fire burn, and cauldron bubble!' 
 
 Instead of ofFerin- prayers to Heaven for the temporal and spiritual 
 weuSe of the lluded victims whom they were sendmg to Kansas, 
 
 :"'hrd'th:s:fLatics oflering them ^^^^7%^^^:!^:^'^- 
 them to en-^ace in civil war and bloodshed ! Go on, gentlemen, il you 
 orefer it n >our ag<,'res3ive warfare on the consutut.onal rights of the 
 Somh. You are "lowing the wind "-beware, lest you "reap the 
 
 "''Tteexlraordinary exertions made by Massachusetts and the black 
 reouWicm ^a ty ol^the North to rob the South of her equal righ s m 
 the lenk riL has had one effect. You teve thoroughly aroused the 
 oulhern States to a sense ol' their danger. You have caused them 
 ToUy to estimate the value of the Union ; and we -« d'-;^^™;-^ to 
 maintain our equalk,j in it, or indq^nJence out oj u. Your course upon 
 Ihi Kansas auestion has touched the heart and pride of the South. 
 W: vv™e cogent to let the Territory be peopled by the nati^l laws 
 of emi<.ration. But you have thought proper to mterfeie and ^vith 
 "hhnnd- threatened to monopohze the country— and that, too, 
 TtL decked purpoTeofaffi.cting'^" injuriously" the peculiar . nstitu- 
 il of the Sout . "in my section of the Union the masses ol the peo- 
 r are not easily exchl to enthusiasm by any pohueal queslions 
 Thev are never carried away by those obnoxious "isms" ol he lay 
 whil have Sprung up under the fostering influence of the abolition 
 TaNv We do notdviell in cities and towns as universally as you do 
 F„Le North. We are scattered over a vast extent of fertile country, 
 ami in the peaceful pursuits of agriculture, arc content, happy, and 
 h 1 .', eude'tt But. when once aroused by a sense of wrong and o^ 
 n e«°on he spirit of the South is invincible., It follows wherever the 
 vmce of'paui S m calls. It is that spirit which has always led our 
 ZrX battle and to victory. Send on your "b^^ve men" ai d 
 "strong arms" to Kansas; whenever your hostile swords gli»ten m 
 the sunlieams there, you will find foemen worthy " y°'''-ff^'' , ,^„3 
 Mr. Chairman, I cinnot dismiss the gentleman from Massachusetts 
 without noticing another porti.m of his speech. He said : 
 
 ready to send their mothers into slavery at the bidding ot the slave power. 
 
 Now sir I deny the right of the gentleman to pronounce such a 
 jud^m^nt'upon thJse con.s^ervative prfachers in the North, who .nter- 
 lain a high regard for the sanctity of the M^^^ and who r^^^vex h^^^^ 
 mterfere'd with the constitutional rights o the South, i^or "ndeit^l en 
 to advise Congress in the name of the Almighty h'^self But as the 
 gentleman affirms that he "/n.oz.." such cases, and ^^^ms to spea^. 
 from personal acquaintance, I will make ^^ }''^^ ^[""Z^^ ""^^^^^^^ 
 Yet iir, T will venture this assertion: Let hun point me out 'Y'vf.^^'' ,^ 
 in his d s tr ct_a free white man-whais base enough to send his owu 
 l^'LVin^ slavery at the bidding of anybody, and I wdl undertake y 
 
15 
 
 pronounce that man an ahiliiionist, and one, too, who holongs to that 
 party in Massachusetts, wiiich is in favor of reducing to a lest the ques- 
 tion as to the aipncity ot"lhe Caucasian la ahsorb the African race. 
 
 Gentlemen, this slavery (|uestion, which the fanatics of the North 
 have forced upon the country, has now assumed a fijarlid aspect. The 
 South lias phmled itself where it intends to stand or fall, Union or no 
 Union, and that is ujkju the platform laid down by the Georgia con- 
 vention. The next presidential election will be decitled upon '& sectional 
 issue. The black rryuhlivan party or the national (Jcmocracy will make 
 (hcprcsitii nt. What is th(! " jjrogramine" of" these niisnamed republi- 
 cans ? The aged memi)er from Ohio, who for the last twenty years 
 has acted as high priest in the abolition church, and kept the fires 
 blazing on its altars, has boldly jiroclaimed it K) the world. He al- 
 ways expresses his sentiments freely and fearlessly. 'That is ene fea- 
 ture in his political character which commands my respect. But with 
 him, as with the Corsair, it may hi; only "one virtue linked with a 
 thousand crimes." Give me for an enemy a man who always oj)enly 
 avows himself one. I know how to meet, and, if it needs be, to fight him. 
 But heaven save me from falling a victim to the dagger of an assassin ! 
 
 What then, sir, is that programme ? An cxjiuhion of the South from 
 yollthe common territories of the Union ; no more slave States to be admitted ; 
 and the reixal of the fugitive-slate laiv. 
 
 I want these questions, sir, met fairly and squarely. [A Voice. 
 ** That is right — that is our platform."] Then stand up to your plat- 
 form, and let the country know where you are. We tell you plainly 
 that we take issue with you ; and whenever you repeal the fugitive- 
 slave law, or rcfhse to admit a State on account of slavery in her con- 
 stitution, or our equality in the territories is sacrificed by an act of 
 Congress, then the star (jf this Union will go down to rise no more. 
 
 Should we be forced to dissolve the Union in order to preserve south- 
 ern institutions and southern civihzation, we will do it in peace, if we 
 can; in vmr, if we must; and let the God of battles decide between us. 
 ■v... The shadows, sir, of the coming storm already darken our palhwaj'. 
 It will soon be upon us with all its fury. [ regret that, in this critical 
 
 Ceriod of our country's history, those three great men, to whom we have 
 een heretoflire accustomed to look in the hour of peril for counsel and 
 protection, are gone. They have made their last speech — fought tluMr 
 last battle for the constitution and the Union. Webster — the prol()imd 
 lawyer, the elegant scholar, the statesman — the man who was expelled 
 by the citizens of Boston from Fancuil Hall — the cradle of liberty — 
 because he dared stand up in the Senate chamber on a memorable 
 occasion and speak *' not as a Massachusetts man, not as a northern 
 man, but as an American" — Webster, the Godlike in intellect, where is 
 he? Go to Marshfield, and in the wild ocean's roar you may yet hear 
 his requiem. The clear, eloquent voice of tlit> man of Ashland — wliich 
 always held captive those who came within its magic influence — will 
 never again be heard in the halls of Congress tendering the olive branch 
 between the contending sections of the Union. And when we cast our 
 eyes to {\\c extreme South, we look in vain for that star of the first 
 nagnitude which for nearly half a century had no rival in that political 
 namen't. The beautiful palmetto now casts its shade upon the grave 
 
16 
 
 LIBRftRY OF CONGRESS 
 
 011 837 240 2 
 
 of the cTi-eat Calhoun/ In life he was a tower of s 
 the South, bat to the/anion itself. Gifted with the 
 he looked far into tl/e future, and told us of the eve 
 around us. His Uitical plalthnn wa? the constiu 
 mriftlv construe.!. In debate he wielded a flainii 
 R^the^icdus of the Stales against federal usurpation, borne there were, 
 1 know" who, unable to fatl.om his patriotism and comprehend his 
 motives, were accustomed to denounce him as an - alarmist, an ab- 
 stractionist," a "disunionist;" but when those men who thus slandered 
 him are deadand gone, and their names no longer remembered on earth, 
 the tame of Calhoun will shine out with all the splendor ot the mid-day 
 9un But peace to his ashes— green be the grass upon his grave . 
 ^ l' repeat, sir, that in this hour of danger it is a source of regret to me 
 that the ship of State has to be entrusted to new and comparatively un- 
 tried hand^. Whether it will go down beneath the waves ot popular ex- 
 citement, or ride out the storm in safety, is a problem yet to be solved 
 Tlu'vrcsidmualchctionumsetilethequesiwn. I hope and trust in God that 
 thc^ Union of these States, as established by our forefathers, will be pre- 
 sented, and handed down as a blessing to posterity. I love the Lnion. 
 I am no disunionist per se. and never was. In 1851 I acted w.th the 
 southern-rights party, and glory in it now. But. sir, I loved the Union 
 ihen, and five it still. I wish it to last as long as the sun shine, or the 
 water runs. Its - music" has a charm to my ear; but I can never 
 "keep step to it" unless lam marching under the banmr of the constUu- 
 tion. 1 blindly tJAlow no party— no men. 
 
 How can the Union be preserved ? There is but one way to save 
 . it. Let the Soufh, as a unit, act with the true and conservative demo- 
 cnts in the North, who are now rallied under the flag of State rights 
 and the constitution, and fighting nobly against our common enemy. 
 If the national democracy, as at prestnit organized, shall succeed, a 
 will be well; but, if the banner of black republicanism triumphs, it will 
 be the signal tor the destruction of the best government that the genius 
 of man twer constructed. We wll stand by you, men of the North, 
 who stand by our constitutional rights; we will strengthen your arm 
 in the ti-ht, and hope that our voices may mingle witli yours in the 
 shouts oT victory at the end of the contest. The peace of the country 
 requires that this fanatical aboUtion spirit should be crushed. I appeal 
 to the conservative men of the North to terminate this crusade which 
 republicans an.l abolitionists, in an alhed army, are urging agamst the 
 riihts of the South. Let thisagitation cease. Let the blessings of tljis 
 covernment fall, like the dews of heaven, equally upon a l section^ (of 
 the Union, and then you will find the citizens of the whole country 
 clin-'in- t., the constitution as the palladium ot our rights, and to the 
 uni(m of these Stales as the ark of our pohlical safety. Ihen, as the 
 rays of the mornin- sun fidling on Memnon's lyre always cause it to 
 vibrate tones of heavenly music, so will the light which shines forth 
 fVom the stars of our national Hag ever fill the great heart of the Ameri- 
 can people with joyful enthusiasm, and ammate it with impulses ot 
 a lofty patriotism. 
 
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