;^^ vi^-^. ^"- % ^^^5 * -^ 0* V* A <^ * O M O %^' A" ^tf> ♦-HP" V O. -f **'% '^^ v„.*-' ^^ ♦ N o ' -^ >' \J'^^^V* "V^^V' \**^^'/ "'°, SPEECH OF U-- JOHN MINOR BOTTS, AT A DINNER ( AT POWHATAN COURT-HOUSE, VA., JUNE 15, 1850. {From the Richmond limes.] Dinner by Whigs of Powhatan, at their Court House, on the 15th June, in compliment to the Hon. JOiiN M. BOTTS, at which upwards of three hundred persons were present; among whom, a con- siderable number of the Democratic party. The entertainment was such an one as might have been expected from the hospitable citizens of the mo.-t enlightened people lo a favorite guest; the utmost harmony and good cheer prevailed throughout. John M. Miller, Esq., presided, assisted by Mr. ■Chastaine (Jocke, and others, acting as Vice Presidents. The following regular toast was then given: 7th. Oar distinguished guest— Hon. John M. Bolts: By his dienified, manly, and consistent course, his olter disregard of sell", and his devoiion to the principles of the pirty lo which he belongs, while he iias become a maityr to his cause, he has entitled himself to the support of every true Whig in the District. " His are faults wliich daring genius owes Half tothe ardor which its birth bestows." This toast having been received with great cordiality, Mr. BOTTS rose and responded to it, as follows: Mr. Prksident and Gentlemen: I am duly sensible, Mr. President, of the many and lasting ob- ligations that have been imposed upon me by my friends in the county of Powhatan. It is not alone the courtesy and kindness that have been extended to me here to-day, nor the flattering sentiment, which has been so well received, in regard to my past course, that command my earnest and heart-felt acknowledgments; but the generous confidence which they have ever manifested since I first became in any manner politically connected with them, entities them to my warmest gratitude. It is true, a small portion of the V\ higs of this county complained of the course I felt it my right and my duty to pursue in the last Presidential election; and in the exercise of their right, and what they conceived to be their duty, they manifested their dissatisfaction at the polls. Of this I make no com- plaint — for when I look back at the multiplicity of misrepresentations, falsehoods, and foul calumnies that were circulated against me during that exciting period, my only surprise is, that I was able to com- mand the vote I did, or, in other words, that so few of the masses of the people were misled by them. When I first received the invitation to attend this Barbacue, which was tendered last fall, I saw fit, in my reply, to speak with frankness, and some thought, with severity, of a portion of those who I con- ceived had treated me with unkindness and harshness. If any portion of the people — I mean of the masses of this district (not themselves aspirants) supposed, that in that letter, I intended to be personally oflensive to them, they misunderstood i , and me I intended it only for a few, that I did not beiievo *<> be entirelfi and exdusively patriotic and un.'^elfi=h in their opposition. Those for whom I did intend it, understood it full well: in the most imsponsihk manner, they had indulged in harsh and unworthy epithets against me in their African Church address; in the most responsible manner, I choose to reply to it. For the thousands of Whigs in this district, who have ever treated me with a kindness and confidence that I often fear I may not have deserved, I shall always cherish a feeling of gratitude and regard; for others who may have treated me with unkindness, I shall endeavor to remember them only to forget their unkindness; but for those more prominent in the party — and for whom I intended that letter espe- cially — I have nothing to repeat, nothing to add, and nothing to take back. They made the war; they must be the first to propose peace; I am the challenged party, and it does not become me to propose a settlement; I was the party first assailed, and I will not he the first to cry, "hold, enough!" I have, therefore, no propositions to make, whatever my disposition might be to receive them. Nor will I attempt here to vindicate my course in the last Presidential campaign, which I believe in nearly twenty years of public service was the first occasion in which I had not given entire satislartion to the party to which I belonged. No, sir; that vindication I leave to time, that great physician and healer of all ditficuities and afflictions — that great exposerof all tliat is wicked, vicious, or corrupt — that fllr : ^ ^si)) preat defender and vindicator of all that is true, virtuous, aud patriotic, to timf. I leave it, and time will (if it has not already done so) establish the truth and correctness of all I s^id and did on that occa- sion. It is not my nature, Mr. President, to look back, either to exult or lam«^t over the past; I prefer to look to the present, and press on to the future; and with the present and the future, I propose, with your permission, now to deal: and if you will extend to me your patience and indulgence, I will dismiss this subject, and proceed to give you my views upon the general questions of national interest now presented for the consideration of the public mind. ^ ., i There are, sir, two parties in our country, distinct from all the rest, of whom I wish to say a word.^ The one in 'the North called •' Abolitionists," and the other in the South, known as ' Disunionists." I am not sure for which of the two parties I have the least sympathy or respect; and I am not sure to which attaches the largest share of responsibility for the chief er to admit, shall not be prohibited by the Congress prior to the year one tlioosand eight hundred and eight, bqt a tax or duty may be imposed on such importaiion, not exceeding ten dollars for each nersou." But let us proceed. In 1804, an act was passed, which was entitled " An act erecting Louisiana into two Territories, and providing for the temporary government thereof;" the 10th section of which provides, first, that "It shall not be lawful for any person or persons to import or bring into said Ter- ritory, from any port or place without the limits of the United Stales, or cause or procure to be so im- ported or brought, or knowingly to aid or assist in so importing or brint-ing any slave or slaves." Secondly, it prohibits the introduction of slaves from within the limits of the United States, imported since the first of May, 1798; and, lastly, it declares — " No slave or slaves shall directly or indirectly be introduced into said Territory, except by a citizen of the United States re- moving into said Territory for nciucl settlement, and being at the lime of said removal, bona fide owner of snch slave or slaves ; and every slave or slaves brought into said Territory, contrary to the provisions of this act, to be thereupon entitled to and receive his or her freedom." This act received the approbation and signature of Mr- Jefferson; and by it, the power of Congress over the whole subject of slavery in the Territories is clearly, indisputably, and irresistibly recognized; for if Congress had the power to declare all slaves free that might be carried there, except by "a« ac- tual settler" and ^'■honafidt owner," it cannot be denied, or doubted, that they had an equal right to declare them all free, no matter by whom or under what circumstances they might be introduced. In 1812, precisely similar provisions were adopted relative to the Territorial Government of Missouri, which received the approbation and signature of Mr. Madison. Again, in 1819, the same provisions were enacted for the Territorial Government of Arkansas, and that act was signed by Mr. Monroe. These Territories have all since become slave States, and were not provided for by the ordinance of '87, as they constituted no part of the JN orth western Territory. In 1836 the " Wihnot Proviso" was adopted in the act establishing the territorial government of Wisconsin, which received the approbation and signature of Gen. Jackson, and in the year 1847 the "Wilmot Proviso" was attached to the bill creating a territorial government for Oregon, and received the approbation and signature cf Mr. Polk. Such is the weight of authority to be derived from the action of the Legislative and Executive De- partments of the Government for a period of nearly sixty years; and he is a bold man, or a thonghtless one, who would, in the face of such .luthority, set up his own judgment now against it; for my own part, I am disposed to yield to it — 1 know not how to resist it. 1 have heard nothing from any quarter that has served to shake my confidence in the position assumed by those who have gone before us, and who have heretofore commanded so large a share of our admiration and our faith ; the only arguments I have heard against it have been derived from sectional feelings, or from sectional interests, and not from the Constitution; and constitutional questions are not to be settled by our feelings or interests, but by the letter and spirit of the law: that is our safest reliance and strongest security, for jf we may depart from that, to be governed by our will, so may the North, whose fanaticism may do us great injustice. But this is not all; there is yet other authority not less entitled to consideration, in my judgment, than that alreaily cited: it is the authority of the Supreme Court; whose decisions are entitled perhaps to even greater weight, from the fact that their conclusions are arrived at with more deliberation, with more diligent research, with more accuracy and precision, with more learning and wisdom, and* with Uss of passion and excitement, and with less reference to political effect, than any other tribunal or de- partment of the Government. Vthat says that Court in relation to the jurisdiction of Congress over the Territories of the United States 1 In the case of the schooner Exchange vs McFadden and others,- Chief Justice Marshall says: " The jnri.sdiction of the nation within its own territory is necessarily exclusive and aL-^o^ute. It issusreptihle of no limitation not imposed by itself. Any restriction upon it. de.ivinj validity from an cxtf rnal source wonld imply a diminution of its sover- eignty to the extent of the restriction, and an investment of that sovereignty to the same e.xtent in lliat power which could impose such restriction. All e.xceptions, therefore, to the full and complete power of a nation wi:!:iii its o« u territories must be traced op to the consent of that nation itsell. They can flow from no oti'.er legitimate source." This language is broad and comprehensive. This is national territory, and according to Judge Mar- shall and the Supreme (^ourt, the jurisdiction of Congress over it is exclunve and absulute. It must be so unless the Uoiistitution has elsewhere imposed the restriction^ and if the Constitution has imposed the restriction, I only ask that it miy be painted out. This "external souice" spoken of, applies to every other source than that of the general or national government, whether foreign or domestic. Again, in the case of the American Insurance Co., and als., vs. Canter, (1st Peters,) Chief Justice Marshall says: " This treaty," by which Spain ceded Florida to the U. State.?, " is tlie law of tiie land, and admils llie inhabiiaats of Florida to the enjoyment ol" the privileges, riglits, and iriiruuniiies of the ciiizens of the United States. It is unnecessary to inquire whellier tliis is not their coiiililion independent of sti|iulation. They do not, however, participate in political power: they do not share in the government until Floiiila .«liall become a State. In. the Tiir.antimp. Fioriil'i continues to be a terrUonj of the United States, i^overncu by virtue of that clause in the Constitution which evtpownrs Cotiirress to make alt needful riUcs and rcfftUations respecting the territory or other property belonsivfi to the. United iStatcs. " Perliapstlie power of governing ateriitory belonging to the United States which has not by becoming a Stale acquired the niean.-iof self goveinm -nt, may result uec^ssc.rily from the facts, that it is not witliin the jurisdiction of any particular State, and ;S within the power and jurisdiction of the United States. Tiie right, to govern may be the inevitable consequences of the right jO acquire •erritory. Wiiichever maybe the source, wli -uce the power is derived, the possession of it is unquestioned." In the case of the Cherokee nation vs. the State of Georgia, Mr. Justice Baldwin says: " The power given in this clause is of the most plenary kind. Rules and regulations respecting the territory of the United States, they necessarily include complete jurisdiction- It was necessary to coiifer it without limitation, to enable the new Government to redeem the pledge given by the old in relation to the for- mation and powers of the new States." Ju.stice Stoiy says: "The power of Congress over the territory is clearly exclusive and universal, and is subject to no control." The books are full of such authorities, and it is needless to cite more. Here, then, is the concurrent testimony of every department of the Government; and yet we are threatened with Disunion upon the exercise of this power in 1850, as if it were a new unsettled question, now for the first time presented. But it appears to me that something more may be said on this subject, and with your indulgence, I will proceed to give you the result of iny own reflections. The first thing that strikes me wi'h force is, that if we concen danger of undergoing a great chavgefrom its true theory. The personal opinion of the indiridiuil who may happen to occupy the Executive Chair ought not to control the action of Congress upon questions of donieshc pol.cy ■ nor ought his objp.-l.ons to be interposed wliere questions of constitutional power hBve been settled by :!;e rarious depariinents of the government. ■' '^ Now, I venture the opinion, that of all the promises and pledges contained in the numerous letters we had from (ien. Taylor during that memorable canvass, there was not one mere extensively and success- fully employed by the public press, and the public speakers, than the one quoted, in which he deprecates, in the strongest terms, interference on the part of the Executive with the legislative department of the Government. Such interference, direct and indirect, had been a fruitful source of complaint for years with the Whig party. The Whigs generally held that as constituting one plank in the plat.orm at least, upon which they could stand side by side with him ; and those who desired to defeat his nomination, gave in ih. ir adhesion to this sentiment, so strongly expressed, that the Lesiislative Department of the Government should be kept (according to the true theory of the governmeiU) separate and independent from the Executive. Yet what are the facts— stubborn and undeniable facts — presented before us at this time 1 According to the requirements of the Constitution, Gen. Taylor submitted " his plan " (as it is called) to Congress. That was his duty, and there his duly rested. It should then have been left to the representatives of the people to adopt it or reject it, or substitute a better plan in its stead, according to their views of the duty they owed to their constituents and the country. Instead of which we find Gen. Taylor's ofEcial organ in Washington (perhaps I might be justified in saying two organs, one certainly) exerting all its power to press upon the favorable consideration of Congress the Executive plan, and denouncing the plan of Compromise proposed by the Senatorial Committee, together with the prominent men of the Whig party that favor it, in the most unmeasured terms. We see, moreover. Gen. Taylor and a majority of his Cabinet, bending every energy of the adminis- tration to force the Executive plan through Congress, in despite of the acknowledged wishes of an over- whelming majority of the people, as far as it can be gathered from every quarter of the country. We have seen him playing Jackson and Daane upon his first and best friend, Mr. Bullitt, whom he brought from New Orleans to conduct his organ, because he could not fcvor the views of the Executive, by displacing him, to substitute another more pliant to his will. And, lastly, we find him recommend- ing the Exeentive plan by a course that I do not recollect a precedent f..r in all our previous history. Mr. Wm. Duer, of New York, recently made a speech in the House of Representatives, warmly sup- porting the President's plan. His constituents held a public meeting and expressed their approbation of his course. They sent a copy of their proceedings to the President, (which is very common,) to which he made the (ollowing reply, (which is very uncommon,) and which has been published withiu the last few days: Washington. May 13, IRSO. BIR : I have to acknowledge your favor of the 9th instant, covering the proceedings of the nieetine held at t'azenovia on the 7th instant, to express eoncnrrence in the speech of Mr. Duer, iu support of the line of policy recommended hv the Executive on the subject ot slavery. I am deeply indebted to the citizens ef Cazenovia for the expression of confidence and esteem which this occasion has elicited, and for the approval which they have given to the course of their able representalioe in Congress. 1 am, very respectfully, your ob' dient servant, Z. TAYLOR. ' H. A. CooLiDGE, Esq., Cazenovia, New York. Now, I beg you to contrast this letter with ihe Allison letter before referred to, and ask yourselves ■whether, in the language of Gen. Taylor, " an undue and injurious influence is not likely to be exer- cised upon the legislative department of the Government, and whether our system is not in danger of undergoing a great change from its true theory?" I happen to know Mr. Luer, having served in Congress with him when I was there IpsI — and I take pleasure in saying I believe him to be an intelligent and estimable gentleman ; and I have no reason to suppose he wanis anything at the hands of the Executive; but if it should happen, as it sometimes does, that there are any there who would be wil ing to purchase Execitive favor at the expense of their public duty, I ask you if the way is not pointed out (whether intended or not) by which it can be ob- tained ? Many a fish has been caught in that great political pool with a smaller bait than this. Under sriinary circumstances, if we were to behold a President of the United .States, especially one standing as the representative ot the conservative party of the country, resisting the will of the people to carry out a plan or measure of his own, we should not be, and have not been heretofore, slow to con- demn it. But when we see that head, who could, by acquiescence in the plan of the committee, settle all the diffieulties that agitate the nation, restore peace and tranquillity to a disturbed and irritated peo- ple, reunite the difl'erent sections of the country in the bonds of fraternal concord, not only withholding that acquiescence, but eagerly pressing a plan of his own, from which nothing but continued agitation and increased dissension can ensue, I must say that in my opinion it is time for every man to speak out boldly in reprobation of the course. What does the Executive plan propose to do? Why, to admit California, and do nothing upon any other subject. In gross neglect and violation of our treaty stipulations with Mexico, to leave the in- habitants of iVew Mexico under a military government until they can prepare themselves to be admitted as a State, which may not be for many years to come. Utah, too, to be left in a state of anarchy and confusion. Texas and New Mexico, fighting as perhaps they are at this moment, over their disputed boundary. The recovery of fugitive slaves, that fruitful bone of contention, which presents at last the chief true issue between the North and the South, unprovided for ; or, in other words, to do nothing but 13 keep up ihe agitation and excitement on the slavery question, until it can be brought to bear upon an- other Presidential election. Sir, for one, I am constrained to condemn it, at whatever cost it may be to nie personally or politically. That there is any wisdom in the plan, few will pretend ; what the motive is, must be left to conjecture. When it was originally presented, I presume it was to avoui the respon- sibility of deciding or acting on the Wilmot "proviso. But now that is avoided by the compromise ; what vain elory, false pride, and jealousy of another, may have to do with it now, I leave to others to determme." But ceriainly we have a right to demand a reason, in a free republic, for abandoning a por- tion of the people to military government, who were transferred to us under a treaty stipulation, to be provided with a civil government as soon as possible. This is said to be the same plan presented by Mr. Preston at the last Congress. I know not whether it is or no. I heard his speech at the time, and I regarded the whole affair us so puerile and preposter- ous, that I dismissed it from my mind, and it has never entered it since. But I recollect this about it, that his plan did nof get a single vote in the Committee of Whole, and was not, therefore, reported to the House, fie did not even vote for it himself True, the Wilmot proviso had been tackcil un as an amendment, which will account for his not voting for it ; but we know that that rather recommended it to the favor of a majority of the House, yet there was not one man in the body " so poor a.- to do it re- verence." Gov. Gayle, of Alabama, I recollect, passed through the tellers, and the report was about to be made of one in the affirmative, and he walked hastily back the way he had gone, and was counted back again to the great amusement of the whole House. Now, if this is substantially Mr. Preston's plan, how is it, except through the instrumentality of Executive influence, that it has so many friends now from the North, when one would not vote for it then. One word in regard to the Galphin claim, which has elicited so much attention and remark. T have no desire to discuss the merits of that claim. 1 certainly have an opinion upon it, and that is, that there was no valid claim against the United States for either principal or inteiest. And 1 do not be- lieve there is a man in the United .^tates ihat would have paid a dollar or recognized it as a valid clairn against himself individually, under the same circumstances. Nor do I construe the law of '4«, " requi- ring the Secretaiy of the Treasury to examine and adjust the claim, and to pay the amount which might be found to be due," as directing the payment of any thing, or as recognising a dollar to be due ; it only referred the matter to him to ascertain whether any ihing was due or not, and if not so, to report ; but if the principal was due, the interest was not. It is a principle with the governmeni not to pay interest, because the government is supposed to be always ready to pay the principal, and if there is just ground for a depariure from this established rule, it should be by Congress, and not by the Cabniet, or any por- tion of it. But if there be any reason in the rule, then I certainly cannot see why interest should be allowed on a claim from 1773, that was never presented as a claim against the United States till 1837. But this is not what 1 want to talk about. I believe the payment of this claim is universally condemn- ed ; but in every instance that I have seen it condemned by those professing to be the fneiuis of the ad- ministration, whether in Congress or in the press, I observe that they always lay it on pretty thick upon the Cabinet ; but " with bated breath and whispcriitg humbleness," they exonerate the President, as if they were afraid of givintr offence to somebody. Now in my opinion this is all wrong ; it is full of error and full of mischief ft is the principle about which I wish to speak, and not the man or the claim. In England tbe King can do no wrong: there the ministry are responsible ; but, then, when they And themselves in a minority, they have the grace to retire. But here it is otherwise. Our ministers are noi in the habit of resigning. Minorities have no terrors for them, while they are in office. It is only when ihey are out that minorities are so intolerable, that any sacrifice of principle may be justified to gei iiiio a majority. The Praideut alone is responsible to us. They are responsible to him. We eltct him, and //e appoints ^ f^^^* <^ ^4 qV ^0*0 U€RT BOOK8tNDINJC r,ranr\illf Pa c-