\ 
 
 LIBRARY OF CONGRESS 
 
 011 895 799 4 
 
 ^ 
 
 pHSJ 
 
THE STATE OF THE U NION. 
 
 SPEECH 
 
 OF 
 
 HON. ROSCOE CONKLING, 
 
 OF NEW YORK, 
 
 DELIVEBED IN THE 
 
 HOUSE OF REPRESENTATIVES, JANUARY 30, 1861. 
 
 The Ho\ifc hBTicg unaci conFideration the report tromj]oric. These speeches, I say, havo abounded with 
 the select committee of thirty-three- rhetorical flourishes of Republican politicians, 
 
 Mr. CONKLING said: isevered from the contest, and representing the 
 
 Mr. Speaker: From the outset of this ees-| original meaning about as truly as a thread of 
 sion, I have had little hope that anything could ^canvass raveled from a picture, would present 
 be done here or in the other end of the Capitoli the conception of the painter, 
 to arrest the revolution now prevailing in somcj They have abounded, sir, in another thing, 
 portions of (he country. I was long ago con-| which I do not want to forget, infinitely more 
 vinced that the turbulence now festered to rebel-] jdetrimental still. They have bristled with 
 lion along the Gulf of Mexico, had its origin in j scraps cut from northern newspapers, newspa- 
 causes which Congress could not remove, nor!|pera which in assailing Republican principles 
 even diminish or retard. Yet I have never] jand candidates, have impeached the motives and 
 doubted that a very numerous class of persons; character of their opponents; have called na 
 in the slaveholding States — persons whose pat-(|Abolitionists; have aimed at us arrows of false- 
 riotism might safely challenge comparison with\hood, intended to take only local and temporary 
 that of anj' other citizens of the country — werejefFect, but which, picked up where they fell, 
 controlled in their political sentiments and ac-|!have been brought here into Committee of the 
 tion by misapprehensions as to the designs of jWhole, feathered with the franking privilege, 
 the masses of the non-slaveholding States; mis-[;and shot with far-reiicbing and wide-spreiding 
 apprehensions which all good men would gladly' Idestructiveness. Ten thousand springs of false- 
 unite in dispelling. It would be strange, in-' 'hood and perversion have filled the very atmos- 
 decd, if this were not so. For years past, gen-i phere with noxious vapors, and, turned persist- 
 tlemeu representing slaveholding constituencies; ently for years by politicians into one and the 
 on this floor, have not hesitated to dignify with same channel, have at length swollen into acur- 
 the language of solemn assertion, aspersions: [rent so mighty as to bear away whole communi- 
 upon the political integrity of the northern peo-Uies into utter disbelief in the patriotism of at 
 pie, the wildest, the most preposterous, that [least one great party in the North, and convince 
 have come out of the fury and licentiousness of jthem that, throughout the non-slaveholding 
 
 partisan contests. 
 
 It has been ceaselessly proclaimed here, that 
 
 States, the lovers of constitutional liberty are 
 reduced to a minority so hopeless as to be almost 
 
 the Republican party bad for its chief mission,! utterly extinct 
 thQ intentional subversion of the acknowledged;' To dispel this monstrous delusion, and strike 
 constitutional rights of one portion of the coun-'!the scales of prejudice and misconception from 
 try; that Republicanism was but another name levery innocent and honest eye, would be well 
 for abolition; and that the accession to poweriiworthy the best efforts of the best minds in any 
 of a Republican Administration would be sig-j|Congress. But, sir, I am saddened to believe 
 nalized by attempts to liberate slaves by the the task is hopeless — hopeless as regards the Gulf 
 armed intervention of the General Government.! States at least. I am constrained to believe that 
 Speeches made up of these and other like alle- jthere the avenues to the public apprehension are 
 gations, have been sent like snow storms or closed — closed to all save those who have mis- 
 locusts, to cover the entire South. They have 'guided it and lashed it into blind and boisterous 
 been eked out with corroborations more perni-ilexcitement. Even if the southern mind were 
 cioua than even the statements they contained. jjaccessible, and every man and woman could be 
 They have been garnished with rhetorical flour-j 'completely undeceived, I believe that, so far .^ 
 
 ishes torn here and there from the sayings of 
 Republican politicians. And, sir, there is not in 
 this world a more prevalent temptation to men to 
 exaggerate and lie, than ambition to excel in rhet- 
 
 regards the lower slaveholding States, no oP'i'o'' 
 would be subserved, except the cause of ab' tJ" 
 truth. The cause of Union, I do ao; r-''' 
 would be perceptibly affected. T -pei*'*' 
 
CI- 
 
 leaders. The men in the South who have beenHof revolution, leaving the annals of self-gov- 
 
 imposedupon and become infatuated in regard' ernment, like a bloody buoy oa the sea of time, 
 
 to their brethren at the North, are not the men warning the nations of the earth to keep aloof 
 
 who head rebellions or instigate revolt. The men from the mighty ruin. 
 
 who ride on the whirlwind and direct the storm,! Mr. HINDMAN. AVill the gentleman yield a 
 
 those who have succeeded to the powers of ^Eolus,; moment? 
 
 at least so far as to let loose the south wind, are j Mr. CONKLING. For what purpose? 
 
 not the victims of any such delusions. They ] Mr. HINDMAN. For the purpose of making 
 
 know better. They know that the party which has 'a point of order upon the language which has 
 
 recently prevailed in the country, meditates noiibeen used by yourself. 
 
 innovation upon the Constitution of the United I j Mr. CONKLING. That I must yield to, of 
 
 States, nor any novel application of its principles course. 
 
 to slavery or to any other subject. They know Mr. HINDMAN. The gentleman from New 
 
 the mission and purpose of that party is simply' ;York used the term "apostate American." I 
 
 to restore the ancient policy of the Republic — wish to inquire of the Chair if it is intended to 
 
 the policy which began with Washington, and car- 
 ried the Government in safety down the stream 
 of time for seventy years — seventy pure, pros- 
 perous, and peaceful years. They know that if 
 the fact were otherwise, the newly-elected Pres- 
 )aiu be powerless to do wrocj; to the 
 
 allow, now and hereafter, the application of any 
 such term as that to any members of this House, 
 or to any portion of their constituents, who be- 
 lieve that the time has come for a dissolution of 
 this Union and for a secession of the States of 
 the South from it? I ask if it is in order to 
 
 . Representati 
 at their posts. These breeders of sedition, un- I Mr. GROW. Is a point of order debatable ? 
 derstand as well as any man who hears me, thej! Mr. HINDMAN. I was making a point of 
 needlessness of all these schemes of compromise. | !order, and it is statable, is it not ? 
 They know how harmless a thing is a personal]! The SPEAKER. The Chair will merely say 
 liberty bill, if it conflicts with the Constitution|!upon that subject, that it is a matter which will 
 of the United States. They are lawyers, some; be regulated, he has no doubt, by every gentle- 
 of them, and they have learned — certainly they; man who speaks to the House. The application 
 learned long ago in South Carolina— how puny; of that term to any gentleman present, or to 
 
 a thing is legislative usurpation in a State, be 
 fore the beak and claws of Federal power. They 
 know that no Republican, nor any political par- 
 ty mustering force enough to elect a constable 
 
 any portion of his constituents, will not be 
 correct; but the application might be made 
 without any reference to any gentleman present, 
 or to any particular person he is interested in, 
 
 in a town anywhere, pretends to aright to iuter-j, for all the Chair sees, if the gentleman thinks 
 
 fere with slavery in the slaveholding States. Iproper to make it. 
 
 They know that by the declarations of allpoliti- i Mr. HINDMAN. Then I ask the Chair if the 
 
 cal parties such a right is repudiated and de-jiqualifying remark should not go with the phrase 
 
 nouncei. They know that an amendment to the], itself when used ? 
 
 Constitution to enable the Federal Govemmentjl Mr. CONKLING. I desire no difBculty with 
 
 to reach slavery in the States, could never be af-]'the gentleman from Arkansas, or with any other 
 
 fected within any period of time which present gentleman, with regard to this debate. ^^ *^^"* 
 
 prophecy can cover. They cry out about terri- 
 torial injustice and usurpation, and yet they 
 know that we have but one Territory where sla- 
 very could thrive, and there slavery exists al- 
 ready, not — as was said the other day, inadver- 
 
 If that 
 gentleman knew me better, he would understand 
 that I would not select an occasion like this to 
 say anything personally offensive, in the slightest 
 degree, to any member of this House. But 
 this is a time which I think imposes upon every 
 
 tently no doubt, by the distinguished gentleman man the duty, as I shall assume it gives me 
 from Tennessee, [Mr. Nelson] — by the law of 'the privilege, of speaking with absolute un- 
 
 Mesico, but by territorial laws, adopted under 
 an organic act, passed here, in this Capitol, and 
 passed by the votes of men from the North as 
 well as men from the South. The slave code of 
 New Mexico had its origin in the compromise 
 jueasures of 1850. It covers a vast area of ter- 
 ritory theretofore free by the law of Mexico and 
 by the law of nations ; and the North has not thej 
 numercial power, in this Congress or the next,! 
 to repeal or disturb it. These causes of complaint 
 
 reserve. 
 
 Mr. HINDMAN. The gentleman will allow 
 me one moment. I have no dispostion to con- 
 sume one minute of his time unnecessarily. 
 
 Mr. CONKLING. If these interruptions do 
 not come out of my time, I will give way. 
 
 Mr. HINDMAN. My point is this : that while 
 it is a period when every member 
 
 Mr. CASE. I object to this interruption. 
 
 Mr. HINDMAN. Whether the gentleman 
 
 are frivolous, clearly and manifestly frivolous.] object or not, I intend to say 
 
 Yet such are the considerations upon which apos- j Mr. CONKLING. I hope the gentleman will 
 
 tate Americans are plotting the ruin of their, have regard to the fact that his interruption may 
 
 •^untry; such are the avowed reasons why this, come out of my time, by the requirement of the 
 
 ht vision of constitutional liberty, which fills! House, at the end of the hour 
 
 tlMJ.i 
 
 ndom with light and hope, should shrivel 
 
 ",hed scroll ; such the apology for at- 
 
 bury free institutions in the waves 
 
 Mr. HINDMAN. It does not come out of 
 your time. 
 
 Mr. CASE. I call the gentleman to order. 
 
Mr. HIND. MAN. The gentleman's own friends' iit is charged upon the North that at the fireside, 
 are compelling me to consume more of his time! on the pavement, in the school-house, slavery is 
 than I would, and they cannot prevent me from held to be amoral, social, and political evil, 
 saying what I shall say, at all events. . The charge is true, sir; every word of it. A 
 
 Mr. GROW. I call the gentleman to order; large majority of the people of the North, no 
 and I object in good faith. j ^matter of what political party, look upon slavery 
 
 Mr. CONKLING. I must decline to yieldj as an insatiate master. They do not see it in 
 further; and if the gentleman persists, he must its patriarchal aspects ; but they see an iron- 
 occupy the floor upon a point of order, or my heeled, marble-hearted oppressor, demandin ^ 
 brief hour will be too far frittered away. ■ always three victims — the slave, the master, and 
 
 Mr. HINDMAN. The term " apostate Amer- the land. la this regard, the people of the 
 ican,", was applied by the gentleman from New North agree exactly with the whole Christian 
 York to some persons, and all I desire to know world, the slaveholding States of this blood- 
 is, to whom the epithet was applied; whether it bought, liberty-founded Republic, alone except- 
 was proper to apply it, and whether it is the in- ed. Why, sir, the jurisprudence of the world is 
 tention of the gentleman, in the exercise of that against slavery ; the literature of the world is 
 right which he claims to belong to him, to use, against slavery ; the civilization of the world is 
 the language contained in the after part of his against slavery. Mr. Webster once said, speak- 
 remarks, as applicable to any portion of the, ing of another subject 
 southern people ? If issues of that sort are to 
 
 "The lightning is strong: the torn(>'lo i a str ong: the 
 c°r+b:isi'>k9 in stronsr; but there is ^methlfl^ •* .^r.j,=*-~" 
 than all of these: it is the enlighteueJ judgment of 
 mankind." 
 
 i That, too, is against slavery. A great man 
 'has said, "Let me write the songs of a people, 
 and I care not who makes their laws;" and the 
 songs, the poeti'y, and even the fine arts of the 
 
 be raised, they may as well be made now as at 
 any time. 
 
 Mr. CONKLING. I protest against any por- 
 tion of this interruption being taken out of my 
 time. 
 
 The SPEAKER. It must come out of the gen- 
 tleman's time, except by unanimous consent. 
 
 Mr. VALLANDIGIIAM. The question raised world, are against slavery. 
 is a point of order, and therefore it cannot come , Is any free State to blame for that? No, sir; 
 out of the gentleman's time. i it is one of the enactments of that " higher law" 
 
 Mr. HINDMAN. It seems to me that a point' which my gifted fnend from Ohio [Mr. Bingham] 
 of order raised upon the gentleman, and all re-, spoke of the other day, and which he said was 
 marks connected therewith, would not come out announced as a fact in legal and political science 
 of the gentleman's time. I'as far back as the days of Madison. He might 
 
 Mr. McKE AN. If it does not come out of thej have gone much further back, certainly as far as 
 gentleman's time, the interruption might con-, Elizabeth's Attorney General, that untiring stu- 
 sume the whole day. Iident who, at the age of twenty-seven, was the 
 
 Mr. SPINNER. Is not the point of order, greatest common lawyer in the world. Sir Edward 
 settled? j;Cokeproclaimed,when the nameofCoke bore great 
 
 Mr. HINDMAN. The decision of the Chair jsway in Britain, as it has done since in the world, 
 was that such remarks were not in order. i, — I quote the substance of his language from re- 
 
 The SPEAKER. The Chair stated that it collection— that laws of Parliament conflicting 
 would be the duty of the Chair to arrest any with the laws of God were to be held utterly for 
 personal remarks ; but the particular language naught. I am not aflirming or denying this doc- 
 a speaker uses the Chair never can control. \ trine now, sir; but I do affirm that the love of 
 
 Mr. HINDMAN. I shall continue to raise the liberty, the detestation of oppression, the un- 
 point of order from time to time, and I hope the quenchable hatred of tyranny, which lies at the 
 gentleman from New York will bear that deter-' foundation of the anti-slavery sentiment of the 
 mination in mind. I North, is a law which cannot be suspended by 
 
 Mr. GROW. We have set here the whole ses-| congressional compromises, nor repealed except 
 sion, hearing ourselves denounced as traitors; by that great Legislator whose enactments quick- 
 and everything else. Free speech ought to be! en and still the pulses, and grasp and regulate 
 tolerated on this floor. i the subtle essences of human life. I repeat, sir, 
 
 Mr. CONKLING. Mr. Speaker, I was pro-', that this anti-slavery sentiment lies at the bot- 
 ceeding to say when interrupted, that the alleged tom of southern discontent ; not that had it lain 
 grievances I have enumerated, are the avowed dormant, asleep, like " the passions in infancy^s 
 occasion of this revolt, and I say now that theyi breast," or found expression only in words, it 
 are not reasons, but excuses— sad, pitiful excu-j, would have provoked this angry quarrel, but it 
 ses of designing and desperate men ; the subter-| has found a voice in the politics of the country, 
 fuges and make-shifts of \inholy and baflfledi! It is charged with havingaccomplisheduncon- 
 ambition. The true explanation lies deeper. I jstitutional ends or graspe i at unconstitutional 
 The true reason is, that by the sentiment of anhpowers. I deny it. It has controlled popular 
 overwhelming majority of the people of the Re-jlelections— ay, sir, there's the rub; it has come 
 public, slaveholding, as a moral proposition, is|jlike a chilling frost to nip in the bud darling 
 outlawed and abhorred; that assent to slavery,; ;schemes of personal ambition and far-reaching 
 as a policy to be fostered, has forever ceased to, plots of sectional aggrandizement. Ithaschanged 
 be national in this country. It is charged upon the balance of political power in this country. Its 
 the North, sir — and I am going to continue tohraission is not to do, but to prevent; ar.d yet, 
 speak with great frankness upon this subject— lisir, I do not deny that it ushers in a mighty re- 
 
formation. It calls a halt in a swift-moving pro-llpreserviDg, on the land and on the sea, our na- 
 cession of great events. There shall be no more' ^tional defences. For the complete exercise of 
 Mexican wars now, that slavery or ambition may this power, he needed no court to i^sue process 
 travel on the crimson wings of military con- and no niart^hal to execute it. Notliiug was 
 quest. The armies of the Republic shall not now needed but firmness and integrity. Either one 
 go forth to change realms to deserts, nor even; alone would have been sufficient; but he chose 
 to saclc cities, or subdue Territories, in order to; 'to leave the country naked to its enemies, 
 people them with slaves, and endow them with He chose to impeiil the lives of brave men, 
 slave representation. Ambassadors from the mewed up, treason-bound, in ungarrisoned for- 
 American Republic at the Courts of Europe tresses, and to refuse them succor and reinforce- 
 will not dare assemble at the tomb of Charle-;iment. If it be said that the movement south- 
 masne and proclaim the Ostend manifesto.' jward of ships or men would have precipitated a 
 Am'erican slavery shall be no more the favored, ''bloody outbreak, it is answer enough to say that 
 pampered child of American destiny— a thing' Ithe forts should have been garrisoned before the 
 for Government to fondle and cares? — but an in- first mutteriiigs of the storm. It should have 
 terest having definite constitutional rights, and: been done early ; done gradually; done Avhen 
 having nothing more. sagacious and patriotic citizens of all sections 
 
 All this, sir, was long ago foreseen by the 'advised and implored it. 
 piercing eyes of southern politicians, and the|j But, sir, it was not done; and the President of 
 verv year predicted in which it should come toithis mighty nation stood petrified by fear, or 
 =5g;-J^,j.J;j,ir.a.i, tame hour in which the horoscope vacillatlug between determination and doubt, 
 foretold the political reverses of 18G0, a child was while rebels snatched from his nerveless grasp 
 born which has grown to armed rebellion. From, tiie ensign of the Republic, and waved before 
 that hour revolution has been premeditated and .his eyes the banner of secession and rebellion, 
 prepared, and that, too, by men who, as ofiicers!| With all this we had nothing to do. We were 
 of the Government, had sworn to maintain it ; 'powerless to control it. The Constitution gave 
 but who have at last torn ofl" their masks and us no such power ; and I wi^h with all my heart 
 revealed themselves as conspirators against it, the whole people of the country knew as well as 
 and spurned it in its own Capital, with the very we know, how utterly impotent we were — we, the 
 blasphemy of treason. ||Union party of this Hou.<e — to control an 1 inflii- 
 
 Mr. SIMMS. Will the gentleman allow me tojence the course the Administration has seen fit 
 ask him a question ? l|to pursue, or to trammel up the infinite mischief 
 
 Mr. CONKLING. Only upon the condition; which has resulted from it. 
 that the interruption does not come out of mylj It was our duty to vote money to carry on the 
 time. j Government. Besides this duty what had we? 
 
 Mr. SIMMS. I concur with the gentleman that, Nothing, I fear, except our share in the great is- 
 we should be very frank in these times, and I sue of the hour, the ultimatum of this contro- 
 want to ask him a question. jversy— the question whether the people will con- 
 
 Several Memi3ers objected. sent to a disintegration of the Government, or 
 
 Mr. CONKLING. Objection is made, but not juuiteto maintain it. That any States could go 
 by me ; and I am sorry'l cannotyield to the gen-j jout of the Union at will, I did not at all believe, 
 tleman. !;The history ot the convention which framed the 
 
 The SPEAKER. The Chair will state that, if Constitution shows that no such right exists. I 
 a gentleman yields for interruptions, his time do not desire to be drawn into a discussion of it. 
 
 cannot be extended except by unanimous con 
 sent 
 
 Mr. SIMMS. Then I do not press my request 
 
 'this hour rule denies me opportunity; but I 
 Iwant to remind gentlemen of a fact which I have 
 tnot heard mentioned here, and which should not 
 
 Mr. CONKLING. Mr. Speaker, with this view!, be entirely forgotten. An attempt was made in 
 of our predicament, its origin, its history, and the convention to introduce into the Constitution, 
 its authors, I saw little, from the outset, that we a provision giving this very right of secession 
 could do, except to abide the issue. On the; which now is chained. The proposition came 
 President of the IJnited States and his Cabinet, irom a distinguished quarter, and was urged by 
 grave responsibilities were cast; responsibilities the mover to protect men, as he said, from the 
 for which they will be held deeply answerable baiter, who should do pi-ecisely what has been 
 in more than one tribunal. By the Constitution, going on in the South for weeks past. The pro- 
 it was the duty of the President to see that the vision was voted down — voted down by men who 
 laws were faithfully executed ; but he complains thought that, in launching a great Government 
 in his message that by the act of 1795, giving upon the tide of time, they were bringing into 
 effect to this provision, his action is merely aux-i existence something with more longevity than a 
 iiiary to that, of the court.-', and that, inasmuch partnership; with more cohesion than a club of 
 as in South C.irolina the judicial and ministerial, thirteen members ; and more lasting durability 
 officers had resigned, his power to enforce thei than a sewing society of women. It was spurned 
 laws was practically paralyzed. That, sir, would by statesmen who believed they were making, 
 be a proposition w>rthy of more searching dis not a contract to arrange a voluntary affiliation 
 cu^sion than it has yet received, if it were not, of States, but a Constitution tosolemize an eter- 
 ^wallowed up in one of far vaster magnitude. linal wedlock of the people. [See note.] 
 By the Constitution, thePresident is commander-jj Mr. Speaker, since I have turned aside from 
 in-chief of the Armv and Navy, and is charged! ;my purpose to speak of the subject, I want to 
 ■with the duty, and vested with the power, of: Imake another remark or two upon this nonde- 
 
script, paradoxical thing called "the right of 6e-'|tinent; but hostility to slavery, death rather 
 cession." A constitutional right to -violate the Ithan expansion, would become a leading policy 
 Constitution. A peaceable right to put half the of all nations, whether transatlantic or adjiicent. 
 country on a war footing, to arm men, and plaut A slaveholding confederacy would cast out its 
 cannon ev>rvwhere, tosiizethe Federal property, shoe at its peril over one foot of land beyond ita 
 expel the Government, and tire upon unarmed present limits capable of yielding any product 
 vessels bearing its flag. I believe there are three that man can eat or any fabric that man can 
 ways in which the people of a State can cut iwear. I say beyond its present limits ; I will 
 themselves loose from their Federal allegiance, come nearer home, and say, that whoever shall 
 The first is by an amendment of the Constuution, attempt to hold the mouth of the Mississippi, 
 as provided for in the Constitution itself. The {or to control it even so far as to assume to dis- 
 second is, by the consent, not of the remaining' pense the right of free navigation, may have 
 States, but of the people — to use a phrase of Mr. 'reason to exclaim — 
 
 Madison's — "by the universal acquiescence of; "To be thus is nothing, but to be safely thus." 
 
 the American people." The third is, by that I xhe cotton statistics of the world are full of 
 right or power which, as the gentleman from; l;nstructive meaning to those who base their cal- 
 Ohio well said, inheres in men and not in States, iculations on the supposition that American 
 the option which all men have to defy iheir Gov- slave-raised cotton is to be perpetually king, 
 ernmeut, and, if they succeed, to live, and live |xhe figures point to a time when this restless 
 perhaps as patriots and heroes ; but if they fail,; 'monarch, goaded to new usurpations hy the 
 to die, and die as rebels and as traitors. Wei [»< ^eird sisters' " avai-ice, amoliion, and seces- 
 bave heard a great deal said about coercing Igjon, may have reason to groan in the soliloquy 
 States. I never heard of any one who proposed lof ^ guilty king : 
 to do it. States do not commit murder, nor rob, 
 nor steal, nor take oaths and break them. Men 
 do such things ; and men are punishable, not; 
 States. i 
 
 It was asked here the other day, whether laws 
 
 "Upon my head they p'aced a fruitless crown, 
 Aud put a barren sceptre in my gripe, 
 Thence to be wienched with an uuliiieal hand. 
 No son of mine succeeding." 
 
 But, Mr. Speaker, in consequence of interrup- 
 
 were to be enforced if the people of a dozen tions, and of the crowd of topics which press 
 States resisted them. Ah, Mr. Speaker, that is jupon me, I have wandered far from the line I 
 the old puzzle which has been presented to all intended to pursue. 
 
 Governments. That is the old problem which j I desire to inquire what can be done, what we 
 has been solved by every Government that ever ought to do, with the various propositions im- 
 existed long enough to demonstrate the power of mediately before us ? Believing, as I do, that a 
 oelf-perpetuation. If one man commits murder more unjustifiable revolt — and I must be permit- 
 in the State of Virginia, there is no difficulty in, ited to a<Jd, one more perfidions, so far as regards 
 indicting and executing him. But if ten thou-i the relationships of men — was never led against 
 sand men participate in that murder, all are in-' |an established Government, one difficulty has 
 dictable, and all are guilty ; but they are not all jbeen, all along, to see how any branch of the 
 punishable practically, because the wheels of jGovernment could, with safety or propriety, 
 jui^'ice would roll axle-deep in blood, and so enter upon negotiations at all. To agree under a 
 wouk' stop for very clogging. The principle, ithreat to what is right and just, is a very humil- 
 however, remains the same. iating and unmanly thing, even in an individual. 
 
 In this connection there is one remark I want But for a great Government to do it — a Govern- 
 to make about war— war, whether it be waged ment that acknowledges no superior among the 
 in resistance of laws or for any other pur- Powers of the earth— what shall be said of that? 
 pose. In this material age, war is a very hum- !ln such a case itmust be justified, if justified at 
 drum thing. The battles known to the crusa- [all, either by a necessity entirely desperate, or a 
 ders, and sung by the Troubadours, have all imagnanimity entirely sublime. 
 been fought. War is no longer a question of ', Can there be a doubt that to change laws at 
 personal valor or individual prowess; butamere 'the violent behest of those who are engaged in 
 question of monej' — a question who can throw: resisting them, would demoralize and jeopard 
 the most projectiles, who can indulge in the any Government ? Can there be a doubt that 
 most iri,n and lead. It is no longer regulated for civil authorities to propose terms of arrange- 
 by the laws of honor and chivalry, but entirely ment to insurgents standing with arms in their 
 by the laws of trade. :;hands, would be not only to confess impotency, 
 
 But sir, had I that bad heart, that malevolence, hut to offer bounty for popular clamor and insub- 
 which is supposed to exist among the northern ordination? I have heard such concessions called 
 people toward their brothers in the South— and ;'tubs thrown to the whale; I call them planks 
 which God knows I do not feel, nor do those l' 'thrown to the mob, aud I never heard of a mob 
 represent — did I desire to see secession drowned less deserving to be dallied with, according to 
 in its own blood, or wither and famish, I would :|my apprehension, than that which has seized the 
 crown every discontented State with instnnta-iipossessionsof the Government,snatched itsprop- 
 neous independence. There would be no moreljerty and its money, and fired upon its flag. I 
 rendition of fugitives then; there would be no have no desire to wound the feelings of any man; 
 General Government to quell slave insurrections: but I must be permitted to say, that if speaking 
 then; there would be no more Monroe doctrine 'with bated breath of such despicable marauders 
 then; no more national vows that European is any part of anybody's compromise, I want, 
 nationalities shall never interfere upon this con-!for one, to be counted out, all the way out to the 
 
last act in the drama. No, sir, confining my [Mr. Garnrtt] said the other day, stand "idle 
 view to the State executives who have become spectators while the ship drifts upon the rocks," 
 actors in treason, and to the people, be they unconcerned observers of the approach of the 
 many or few, who have raised the standard of harpies of the shore to pluck the_ eagle of the 
 rebellion, I care not in what State, 1 have no sea. Concessions, which if sustained on this 
 compromise to offer, no terms to talk about ; ^side of the House, will show the magnanimous 
 none, until they return to their allegiance, haul people of the North (hat their Representatives 
 down their palmettos and pelicans, doff their struck hands with Union men of all sections and 
 cockades, and wear, as we wear, not the livery all parties, and went in kindness and concilia- 
 of treason, but the garb of citizenship and sub- tion to the very verge of debateable propositions; 
 mission to the laws. concessions which will show that we abandoned 
 
 But, sir, fortunately there are true and loyal ^^^ effort to avert disunion and civil war, only 
 men in all the States f and, unfortunately, pub-ii^^^^en ^^ had exhausted the last argument, hdd 
 lie tranquillity in none of the States of the Con>"t the last ofler, and resorted to the last expe- 
 federacy. Distraction and excitement reign in' ^li^^i^t ^e were warranted in employing. 
 States whose executives and a mniority of whose ! ^r. Speaker, I see I must be very brief, which 
 
 ^„ ^ ^„_ people - . . , , 
 
 obvious and powerful incentives to launch upon |bes>i with that 
 the tide of secession. They have the closest af- The line of 3G° 30^ long ago became a conse- 
 tinities, political, social, geographical, and com-| legated line upon the politica chart of our coun- 
 mercial, with regions and communities in which ItrJ- I* w-^s ruthlessly blotted out; but it is 
 irreverence for the Constitution and hostility to!|tlie better remembered for tlie stupendous crime 
 the Union has gone so far, that fealty to the '=ind folly which erased it. Though not an isoth- 
 General Government has been made punishable ermal line, gentlemen all virtually start with 
 with death. In all of these States two parties :tbe idea that north of it slavery cannot subsist, 
 exist: one in favor of disunion, the other per-, On the south of it, a distinguished Senator from 
 sistently opposed to it. Was this otherwise,, Kentucky [Mr. Crittenden] has proposed to 
 
 were the people of these State indiscriminately 
 affected, indiscriminately only hesitating, halt- 
 ing between two conclusions, not ready to declare 
 themselves out of the Coufederacj', but waiting 
 to be induced to stay in ; was there an average 
 public sentiment demanding to be addressed and 
 persuaded not to disown the Government, the! 
 case would be widely different. If the people' 
 of any State were thus up to be raffled for, by 
 the Government on one side and traitors on the 
 other, I would decline the competition. I would 
 not t'Ce the Government a bidder at an auction 
 where allegiance and patriotism were to be sold. 
 I would rather commend to a sister, thus waiting 
 
 icense and protect slavery by an amendment of 
 the Constitution — an amendment which shall 
 embrace not only present possessions, but ex- 
 tend to future acquisitions. The same propo- 
 ition |is here, as an amendment to the pend- 
 ing rejiort, offered by the distinguished gen- 
 tleman from the Wheeling district of Virginia, 
 [Mr. Clemens.] No mater in what guise, or 
 fiom what quarter it comes, for one, I cannot 
 vote for it ; and for a number of reasons, two of 
 which I will state. In the first place, I will not 
 vote to establish slavery anywhere. The eighth 
 section of the act admitting Missouri, commonly 
 called the Missouri Compromise, did not estab- 
 
 ' A hero shall thy bridegi-oom he, 
 Since maids are beet in battle wooed 
 And won with shouts of victory," 
 
 to be coaxed into wedlock, the assurance which j'i^h, or even recognize slavery at all. It merely 
 the poet says an old warrior gave his daughter : |fixed a certain bound, and dedicated to perpetual 
 
 freedom all territory uorth of it, saying nothing 
 about territory on the south. In that respect, 
 there is a world-wide difference between the old 
 jproposition and the new. 
 But sir, no such degeneracy exists in Dela-'} But, sir, passing over this objection, as ap- 
 ware, Maryland, Virginia, North '"JaroHna, Ken-'plied to territory now held, who shall count the 
 tucky, Tennessee, and Alissouri, and I hope, Iconsequences, or compute the folly and disaster 
 not in other States. In all these States at least, ' :of guarantying to slavery all possessions here- 
 public virtue still lives, robust and unawcd. I lai'ter to be acquired? What calamity might not 
 This debate will preserve bright and enduringi 'spring from making to slavery this golden prom- 
 traces of the patriotism, the genius, and the loy-ljise of a shadowy and eternal by-and-by ? Why, 
 alty of their sons. To these brave men, strug-J!sir, it would amount to a perpetual covenant of 
 gling to maintain their own foothold in the storm, |! war against every people, tribe, and State own- 
 and laboring to inspire others with their own|'ing a foot of land between here and Terra del 
 spirit, I will give all the help I can to enable: Fuego. It would make the Government the 
 tbem to stem the current of revolution, and roll[|armed missionary of slavery. Eternal quarrels 
 b;)ck the title of sectional madness and egotism.! |would be picked across the frontier lines, the 
 [Applause in the galleries.] Not that I believe|Governmentmuii.t protect its citizens and demand 
 it will avert the issue of disunion; but still I will'iindemnity for hostilities ; and thus, for purposes 
 make concessions. Concessions which will show|!of land-stealing and slave-planting, we should 
 that we do not, as the gentleman from Virginia^ be launched upon a shoreless and starless sea 
 
of war and fiUibustering. I desired to make 
 some further suggestions about this proposition ; 
 but I pass it by. 
 
 Of territory already acquired, there is none 
 below 36° 30^, aside from that devoted to Indian 
 tribes, save New Mexico and Arizona. Unlit as' 
 these Territories must be conceded to be — I beg; 
 pardon of my friend the Delegate [Mr. Otero]' 
 — to enter this Union as a State, no matter what' 
 constitution they bring, I will vote for the ena- 
 bling act brought in by the distinguished gen- 
 tleman at the head of the committee of thirty^ 
 three. But, sir, in supporting this bill I willi 
 practice no deception, even by silence. No| 
 suggestio falsi, or even supjjressio veri, shall lurk' 
 about my vote. I will not hold out the idea toj 
 the South that New Mexico will come in as a 
 slave State, for I do not believe it. I believe 
 that if she does not come free from the start, 
 she will never be in any practical sense a slave- 
 holding State. There are twelve slaves there 
 now, aa I understand it, jiiid situation, soil, cli- 
 mate, and surroundings will baffle slavery, now 
 or hereafter. This is my belief; and I will vote 
 to carry out the compromises of 1850, declaring, 
 as they do, that New Mexico may come in with 
 or without slavery, as her constitution shall 
 provide. 
 
 I will vote for all the resolutions appended to 
 the report of the chairman, declaratory of the 
 duty of everybody to observe constitutional ob- 
 ligations. 1 would gladly vary the la^Aage of 
 two of these resolutions, but only i^Bfepress 
 more unmistakably, if possible, tj^^neaning 
 they are, no doubt, intended to convey. 
 
 I will vote for the bill amendatory of the fugi- 
 tive slave law of 1850, provided it can be 
 amended in two particulars. In the first place, 
 I would strike out the provision for a retrial, 
 upon the mere ipsr dixit of a judge, of the free 
 dom of the alleged fugitive, after it has been 
 once found by a jury. If twelve men, selected 
 by lot from a slaveholding population in the 
 vicinage where the claimant lives, pronounce a 
 negro free, I would not, simply because the 
 judge is not satisfied with the verdict, remand 
 him to be put in peril a second time, the jury to 
 be met at the threshold by a certificate that the 
 conclusion arrived at by the preceding jury was 
 not satisfactory to the court. If the provision 
 is intended for the benefit of the alleged fugi- 
 tive, and to give him a second trial in case the 
 first results adversely to him, say so in the bill, 
 and let the provision follow the reasonable doubt, 
 i7i favor €711 vitsi ; or, if this is too much to ask, 
 then give both claimant and defendant the samel 
 rights of exception and review allowed in criminal 
 cases. Secondly,! would provide redress for thosej 
 who, after being arrested and transported fori 
 trial, are found not to be fugitives at all, nor to 
 owe service to any one. I would not evade es- 
 tablished maxims so far as to subject men tol 
 malicious or mistaken arrests, and leave any 
 doubt about their remedy. The remedy, in this 
 case, it seems to me, is a right of action in the. 
 State where the arrest is made. It should be so 
 guarded that, in case of a false arrest by mis- 
 take, and not from malice, the bo7ia fides of those 
 making it should avail them in mitigation of 
 
 damages, so as to confine the verdict to strict 
 compensation and prevent a recovery of smart 
 money. With these changes made, the statute 
 will not be very tasteful to gentlemen on this 
 side of the House ; but I will vote for it, and 
 find my justification in the anxious, earnest, 
 wish I feel, in common with the people I repre- 
 sent, to do everything which can be fairly asked 
 to preserve the Union and harmony of the 
 States. 
 
 An act is reported, transferring from the Gov- 
 iernors of the States to federal judges the duty 
 of surrendering, upon requisition, persons 
 charged with crime. It seems to me an import- 
 lance has been given to this subject, by gentle- 
 'men here, which it does not deserve. A good 
 'deal of law respecting it has been put forth on 
 both sides of the House, from which I respect- 
 fully dissent, and it appears tome a great strain 
 to drag the matter into the vortex of sectional 
 strife and slave agitation. The courts and Ex- 
 ecutives must be able to senie tJie pra^ice to"r 
 the rendition of criminals upon a basis as little 
 obnoxious to one portion of the country as an- 
 other, and avoiding some, at least, of the prac- 
 cal objections applicable to this bill. 
 
 Thus, Mr. Speaker, I have referred to every 
 proposition proceeding from the committee of 
 thirty-three save one ; that one is to submit to 
 the Legislatures of the States a constitutional 
 amendment — an amendment placing it forever 
 out of the power of any number of States less 
 than the whole number to amend the Constitu- 
 tion respecting slavery in the slaveholding States. 
 
 I regret, sir, that such a proposition is here. 
 I regret that it was deemed necessary, especially 
 after the resolution on the same point — the third 
 of the series, I think. For the resolution, I pre- 
 sume every gentleman on this side of the House 
 will cordially vote ; the proposal to amend the 
 Constitution presents very ditferent considera- 
 tions. I have been unable to discover any ade- 
 quate motive for it, or auy object to be gained. 
 Gentlemen of the South have heretofore repelled 
 the insinuation that the Constitution was not 
 satisfactory to them precisely as it is. The com- 
 plaint has been, not that constitutional guaran- 
 tees were insuihcient ; but that the people of the 
 North did not or would not observe them. This 
 is the sole complaint about the Constitution at 
 present, as I understand it. If, then, we do not 
 observe it now, what hope is there that we shall 
 observe it after it has been altered? I say, none ; 
 no hope that any one will revere it as much 
 then as it is revered now, while it remains as our 
 fathers made it. 
 
 It is said, however, that the object of this 
 amendment is so to rivet the fastenings as to pro- 
 vide against our bad faith. Passing over the in- 
 sult of this proposition, the argument is bad ; 
 bad, because amendments as dangerous to the 
 South as that thus sought to be guarded against, 
 will still remain accessible to the Punic faith of 
 the free States when they shall multiply to the 
 needed number — those forty-five free States, 
 conceived, in the prattle of to-day, to be brought 
 forth of the throes of centuries themselves un- 
 born. But, sir, I cannot reconcile myself to the 
 idea of disturbing the Constitution in the least 
 
 / 
 
of its particulars. It may be a superstitious completed, its destiny unfulfilled. In the Tvor 
 feeling ; but I fear you will unsettle the nation's trod streets of our great metropolis sixty-f( 
 faith on the day when you admit that a time has languagesand dialects are spoken. Inthischi 
 arrived when the Constitution is no longer equal lof voices, are breathed the prayers, andmutte 
 to the emergency. It came as it is now from tlie curses of the exile, the refugee, the ems 
 the heroic age of the Republic ; its origin and its cipated of all Governments and all climes. 
 antiquity enhance its sacredness and supremacy, this motley group of tongues there is not ( 
 Men do not think of it as a machine to be regu- —no, not one— without au anathema to bl - 
 lated; but they trust to it as a beneficent over- the man who v.'ould overthrow free instituti. n; 
 ruling provision, having a providence in it to in this continent of ours. Among the vocal i; 
 order all things well. i laries of theai all, in which shall be found /i 
 
 Let us keep the Constitution as it is and obey] word whereby to call so infiaite a crime. It i- : 
 it as it i?, even to the uttermost. If degenerate' jdeed without a known name. 
 
 Americans shall hawk at and tear it, freedom . 
 
 will provide a Gibbon, or better yet, a Dante, to ^ , 
 
 immnrt'ili7P thp frime— some limner with infer- ' Note.— See Elliot's Debates, vol. i., page 4o0, for the 
 immortalize tne crime— some iimner, t,\ lui inier , ^^^-^ contained in the statement delivered to the L( 
 nal pencil, to group the assassins in a picture hor- lature of Maryland by Luther .Martin, attorney genen 
 rid with resemblance, and hang it up to sicken Maryland, ana a delegate in the Constitutional Con- 
 and.offright the gaze of those who shall liereafter;,ti'^:^- ^^^ .^^^^ ^^^^^ American Revolution arbit, , 
 tread the corridors of time. Vower may. and ought to be resisted, even by arnr 
 
 N ow, sir, before the hammer falls, one word neoe.^sary." l. ■! time m-iy c-me v) en it fbaHl-o tbeO 
 ^a»^ ?• -.- — -** r«, __i T_ »..»»i »».^ ... «.A« of a state, ia order to tn-eserve Iteelf rrom the oto-yi-e.". 
 
 in conclusion. The people I represent are a gen- ^^^^^^^ ^^^^|^^^^ Government, to have recour.^e to tbrsw. - 
 erOUS, brave, and p^ace-loving people. Ihey jq which case, the proposed form of government dech 
 cl 
 
 earuc 
 
 does the great state OI incw lorn, wua ner luun (jj^t they must tamely and passively yieM to despot 
 
 millions of people.' So her Legislature has testified or their'citizens must oppose it at the hazard of the 
 
 .^, . •„„ „;„,;f„ tcu;1q nr,m,-nr.ry tcrifunsuccessful—andreducingthecitizensofthe ,• 
 
 With impressive unanimity. A\hile Common- ^^^^J^^ ^^^^^^^ J^^ ^^^^^ ^^ ^ situation in which they , 
 
 wealths of the South are embracing the pillars ^^ exposed to punishment, let them act as theij wili,s 
 of the Republic, determined to destroy it, New if they obey t/ie authority of their state government, ' 
 York offers m.u and money to assert the ^-V^^-^^l^^^^^ 
 macy of the Government, and defend it againstiag,^ingtj^,,,ir own State. 
 
 all COmPrS. i °'"i'o save the citizens of the respective States from 
 
 - ,, -^ ^ „ , T ^- 1 u T 'disagreeable dilemma, and to secure them from being I 
 The people of the State of New lork believe j.iiable as traitors to the United states, when acting 
 in this Government as their fathers made it. presslyin obedience to the autliority of their own St 
 Thev believe in it, not as a mere commercial l wished t„ have obtained as an amendment to the tl 
 xucj uciic.c lu 11, , , ^ ., , isectionof this article, the following clause: 
 
 league, whose material advantages tney cancal-|| .^ ^j'rovided, That no act or acts done by one or u 
 culate, and whose value they can weigh in golden' Vf the States against the United states, or by any citi 
 Kfilp« To them it is SOmethin"- more. They! '>f»nyo"«o*' tbe Uniled States under the authority of 
 scales. _ i lUtm it, is buiueiuiu muie. -I "»=.> I ;„rm„.g„ftjjgg._,ij states, shall be deemed «r«a.w)! or ^ 
 cherihhit for its memories of martyrs, ot heroes, y,/,g,/„j .,(,c7j. x,^i }„ case of w.-.r being levied by on. 
 and of statesmen ; they cherish it for its wisdom, more of the States against the United States, the cond 
 grand with the revelations and pregnant with -f ^^ph party towards the other, and their adherents • 
 o . . , . J X • 1 u spectively, shall be regulated by the laws ot war auc i 
 
 the experience of buried centuries and epochs ;'ijj'jjtj,-,j,j.,-" 
 
 they cherish it for the shelter it aS'ords against j "But this provi.<;ion wis not adopted, being too m .< 
 the tempest, which, without it, would hurst upon 'oPPO*«l to the great object ofmany of the leading meml . 
 ,. '. ' . ', 1 • 11 ii I, • u of the Convention, which was by all means to le;.ve ; 
 
 this continent in an hour ; above all, they cherish i^jj^^^, ^^ ^j^^ ^^^^.^.^ ^f ^^^^ General Government, since tl,,' 
 it for its promises unredeemed, its mission un-; could not succeed in their immediate and entire abolilic 
 
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