SPEEC E OF HON. THOMAS CORWIN, OF OHIO, IN THE HOUSE OF REPRESENTATIVES, JANUARY 23 AND 24, 1860. Monday, January 23, 1860. I his name, lest it might bring him into disrepute Mr. CORWIN said: I[laughter]-that there was something in the Mr. CLERK: I rise to inquire what is the sub- election of Speaker more than I had supposed; ject under discussion at this time? [Laughter.] that in a certain event he might become PresiThe CLERK. The question before the House dent of the United States. I confess that puzis the point of order raised by the gentleman zled me a little. It may be so; but I do not from Iowa [Mr. CURTIS] on Thursday last. think it important that we should incorporate Mr. CORWIN. Then the speech of the gentle- that idea into bur purposes, as one of the continman from Mississippi, [AMr. BARKSDALE,] to which gencies that may arise. It is hardly possible we have listened with a good deal of interest, has that any two gentlemen who are or may be electbeen made, I understand, upon the point of order. ed President and Vice President will be amiable The gentleman from Mississippi wants to get enough to die for the benefit of the Speaker of rid of this cumbrous business, and I will say to this House. I do not know what God in his him that the only way to accomplish it is by providence may have in store for us. Such a voting; and I say further to him, that if he contingency has never happened, and therefore should be elected, I will pledge him that the I think we should not give it a marked place in State of Ohio will not dissolve the Union on that our consideration of the question of the Speakaccount. Now, this is a very serious matter, ership of this House. Something has been said though, at the same time, it so happens that al- by the gentleman from Mississippi touching this most every good or grave subject discussed by very subject; and I, reserving my rights under men will have something ludicrous about it. such rules of order as we may hereafter estabThis farce which we have been enacting for lish, desire to say something on the general seven weeks, very much to our amusement, is, propositions that have been so ably presented to as we hear it very frequently remarked, and the House by the gentleman from Mississippi. sometimes much to the disturbance of some gen- The gentleman read, as the bitterest drop in tlemen here, beginning to be, in the minds of' the the cup, some paragraphs from the Helper book, people of this country, a serious matter. If every advising that the free laboring population of the gentleman here who has a duty to discharge, and South, not holding slaves, shall abstain from who was sent here to do the business of this communication with those who do own slaves. great Republic, would put this matter to his con- Now, I wish to ask gentlemen of the South what science as he does other subjects which involve they suppose would be the result of placing this questions of conscientious duty, surely we would book in the hands of the non-slaveholding peobegin to think seriously what we have to do. pie of the South? The question would simply I know that there are some very plausible ar- be submitted by those non-slaveholding men of guments-and to me they are difficult to get the South to the whole State, whether slavery over-in favor of electing a Speaker sf the House should be abolished or not; and if it should be by the majority of votes of members. I was re- determined to abolish slavery, would anybody minded the other day by one of my friends, resi- have a right to complaifi of a State for abolishdent in this city, with whom I have long had ing slavery, more than to complain of her for most agreeable and friendly intercourse-a gen- adopting it? Gentlemen have greatly overrated tleman in good standing with the present Ad- the consequences of that little book. I kLoxl ministration, and therefore I do not wish to give that they say, or have said, that it shows the 2 disposition of the North to interfere with slavery parts of that book, brief sketches of the laws, in the South. How does it show that disposi- usages, and doings, of the people of the Old tion? It was written, as everybody knows, by World, which, if not read and pondered more a man who had his citizenship or habitation in carefully than such as we are apt to do, may North Carolina until he left there to go to the lead to great errors in legislation in this age and city of New York. Who is to blame, then, if we country. We find there enacted very much such may trace back effect to cause? You say that scenes, thousands and thousands of years ago, Mr. SEWAR.D made a speech in Rochester, some as we have beeni endeavoring to enact in this time in the year of grace.1858, and that from little sphere of ours-about a tenth part, I supthat came the invasion of Virginia, by twenty- pose, of thi habitable globe-which, of itself, three men, head(d by John Brown. to the mind of Isaac Newton, or Herschel, or Sir, if North Carolina had not brought up this La Place, if they had not been born and lived man among her own slave institutions, we never here, would seem to be a very insignificant porshould have'had the Helper book. No Northern tion of the universe. And yet, one would supman has written such a book; and if he had pose, from the debates we have had here, that written such a book, is it possible that any in- we really believed the happiness of all worlds, stitution existing in a Christian and enlightened and certainly of untold generations, depended community like the South can be overthrown by upon the election of A or B, to stand up there a pamphlet? In a congregation of children of in that chair, like a "woodpecker tapping a holthe same family, I should avoid a subject which low beach tree." [Great laughter.] That tapmight disturb our relations. I would not like to ping, sir, has been to us, so far, the only exhibithrow into the face of my brother one of his tion of power or influence belonging to that evil habits; nor would you, my friends. office, about which we have been in angry conMr. Clerk, history will show that Mr. SEWARD, test for the last six weeks. We become so acif he be the great leader of the Republican customed to the sound, that we do not think we party-and I have almost given up all preteas- are in order unless we hear that tapping. We sions to their leadership since I have been loudly do not think we are in Congress unless someand positively repudiated by one side of the body is calling us to order, accompanied, too, House, and some on this side have said pretty by that continuous ever-recurring tapping. much the same thing-I say that Mr. SEWARD But, sir, I was referring to the allusion made has never uttered a sentiment, and that one by the gentleman from Mississippi to the gentlecannot be cited in all the extracts which have man from Massachusetts, and an "anti-slavery been quoted from his speeches or his arguments, Bible." How is this, sir? One wants an antimore offensive to the South than Thomas Jeffer- slavery Bible, and he is sure he has it in our son, the apostle of Democracy, did utter. I present version. Another wants a pro-slavery know that my friends from the South are too Bible, and he is equally certain he has it in the well acquainted with the history of that great same sacred book. Let each be content with his man, not to know, as I know, that neither Mr. belief, and not interfere here with that of his SEWARD, nor any other Republican-I except the brother; let us not dissolve the Union upon conAbolitionists, for they are not Republicans, but, flicting constructions of the Bible. I think it is on the contrary, generally held the Republican certain that those patriarchs held slaves, and that party in utter scorn-I say that in Helper's book they transmitted them to their children; but they nothing is to be found, so far as I know, more did not make slaves of their own people; and offensive than utterances long since found in some other things are very certain. This fugiwritings and speeches of the elder men of the tive slave law that we hear so much about: I South. George Washington himself always said will not pretend to go intoparticulars, but I think while he lived that he should wish, if it were it will appear that it, or a rule something like it, possible, to see slavery abolished in the United had its constructions and repeals in the Bible States. I know that Mr. SEWARD, whose election time. as President of the United States it is said will I think that when the bondwoman Hagar left be the signal for civil war in this great Confed- Abraham, with her master's consent, there beeracy, has never said anything more offensive ing some disturbance in his domestic relations, to the South than has been said by your arnbas- [much laughter,] the boy Ishmael, not being the sador whom you have lately commissioned to child of promise, and being in the habit of maFrance, (Mr. Faulkner, of Virginia,) taking it for king impertinent remarks about the conduct of granted that the extracts which I have seen family affairs, [laughter,] was sent off with his quoted from his speeches are true extracts. mother into the wilderness, with a loaf of bread The eloquent gentleman from Mississippi [Mir. and a bottle of water. We are told that Hagar, beBARKSDALE] is very much afraid of the establish- ing exhausted and famished by hunger, laid the ment, by the gentleman from Massachusetts, boy down to die, and that the Angel of the Lord [Mr. BURLINGAME,] of an anti-slavery Bible. Sir, came there. If I remember aright, it is so writthat Bible is a book without which, in my judg- ten in that book. And what advice did he give ment, no society can very well exist and hope to to this bondwoman and her son? The Angel advance in morals or otherwise. And yet I told this woman that she was in very bad cirwarn gentlemen, North and South, that it is a cumstances, but not to be discouraged; to pick book which it will not do for us to look to alone up the boy and hold him in her hands, for he toguide us in the organization of political soci- would become a great filibuster. [Roars of etv. of the present day. We find, in the historical laughter.] That is the English of what the 3 Angel said, when you use our present word for very sacred by us, that the laws of the country; expressing the idea conveyed by the record of as they were established, should be obeyed by this remarkable historical fact. His hand would all good citizens. Certainly, Christ and the be against every man, and every man's hand Apostles taught that they did not come to overWould be against him. That declaration has turn Governments, but to search into the wicked been literally fulfilled in the progeny of that boy hearts of men, and subvert the kingdom of Satan up to this very hour; and the only nation that has therein. The gentleman from Massachusetts, made any impression upon his posterity has been [AIr. 3CURLINGAME,] I dare say, can find some the French in Algiers. The French killed off authority satisfactory to him for his doctrine, these filibusters, until they have got them into and the gentleman from Mississippi, [Mr. BARKSsome very imperfect kind of obedience. From DaLE,] for his; but both should draw the true the day that the Angel of God made that proph- moral, as philosophical Christian historians ecy in reference to this slave boy, his progeny would do, and agree that that Bqok teaches us have gone on filibustering, fighting, and robbing. one lesson, at least, which in substance is, that This good quality they have had, I believe, in all in a country like ours, where every man has an their history: if you broke their bread and tasted agency in the making of the laws, all should their salt, they would die by you. I would that render to them obedience, until they shall be some of our Southern friends would treat some made better or be repealed. For unless the laws of our Yankee gentlemen as well, when they go are generally obeyed, we will have nothing but amongst them. [Laughter.] The Angel told this anarchy organized, which cannot be a condition mother that she had better go back into slavery. pleasing to IHim who is the common Father of all If that Angel had been an agent of the under- men. Hence the Republican doctrine is, that the ground railway, then this mother would have laws of the country ought to be obeyed. I assert been advised to take herself and son off to Cana- that our Republican leaders, generals, colonels, da. [Laughter.] majors, captains, corporals, and privates, all of So much for the historical fact. That very them, are conservative; and that the Republican able man who was the father of that boy had party is a law-abiding party; and whosoever beanother family; and they, in a generation or two ileves the contrary, labors under great ignorance after this, were sold into slavery, and so they re- of that party and the men who compose it. mained, we are told, for four hundred and seventy M5r. Clerk, I wish to look for one moment at years. At the end of that time, God abolished some other facts found in the historical portion that servitude and repealed the fugitive slave of the Bible, having a curious bearing, at least, law, very much to the dismay and astonishment on this question of negro slavery. We are told of the pursuing masters, and greatly to the grati- in that same Bcok that the people of the globe, fication of those owing labor and service to them. except eight, were destroyed in a deluge. Noah Then he allowed them to go home-to their and his family only were preserved. That old Africa, or, to speak without figure, to the home patriarch seems to have been remarkable for of their fathers. That repeal of the Egyptian nothing, so far as I can find out, except for his fugitive slave bill, on the shore of the Red sea, strong faith in the word of God, and his remarkwith all its incidents, is worthy of some notice able nautical adventure. Noah had three sons, now, and at all times. We hear much said of from whom have sprung all the people now upon women taking part in politics now-a-days. Some- the face of this globe. We are told by sacred, thing very like it occurred on the occasion to and I think pretty fully, too, by profane historiwhich I refer. Just as the bubbling death-groan ans, that Japhet is the father of our race. We, of the Egyptian host had risen to the surface of then, are all children of that man. We have, it the sea, and was borne away upon the hot breath is true, to go far back to get at it. He is our of the winds, a woman, a notable woman, then original propositus. Shem is the father of the and there broke forth in a very remarkable migratory, wandering Asiatic family. Ham, it is triumphal song. Miriam, the sister of Aaron, said, was the father of the negroes. This, I with all the dark-eyed daughters of the fugitive think it will be found, is shown by our accreditHebrew slaves, shouted out, " Sing ye to the ed historical books. Some have wondered how Lord, for gloriously hath He triumphed; the it happened that Japhet, born of the same mothhorse and his rider bath He cast into the sea." er, son of the same father, should be a gentleman That was their " Hail Columbia." Sir, that song with features and complexion like you and myof the prophetess has rung in my ears in day, self; Shem, a yellow fellow, with high cheek and often in night time, too. In my dreams of bones; and HIam, a negro, with black face and the ultimate destiny of man, I have supposed it crisp, curled hair. This difficulty is s:urmounted would ring in the the ears and agitate the souls by one class of ethnologists by attributing the of men, till the words " kings and subjects, rulers difference to climatic influe:ces, in which I think and ruled," should be lost in two word, " broth- there is great plausibility. Be this as it may, the ers-sisters." relationship is the same. Japhet, it is agreed, Mr. Clerk, I warn my brethren from the North had large acquisitiveness, and hence his superiorand my brethren from the South, that they will ity; and it may be said, with equal'ruth, that his scarcely agree as to what are the general teach- children are not deficient in this capital virtue, ings of the Bible on this subject of slavery as for such it is held to be in our times by us in this practiced in our times. I think parts of that model Republic. They also, it is said, have quick Book very clearly inculcate the doctrine, which and powerful faculties for numerals; a9nd regard in our republican form of government is held in theory, as well as practice the mnultiplication 4 tables as the acme of human knowledge. But doubt not they do. They who own slaves are let ws look at this family imbroglio. We are the the exceptions to this old rule. I am not about sons of Japhet, and the negro is the son of Ham; to make any invidious or ungracious remarks we are the sons, respectively, of these two broth- on these two classes of people. I am free to era; and consequently we, the sons of Japhet, are admit, and happy to say, with truth, that, North cousins to Cuffee, he being the son of our uncle and South, we are the most favored and the Ham. Ihave often thought if the negro, as seems happiest people that ever lived in the tide cf from this account of us to be probable, had really time, and I think the history of the Nworltl will that relationship to u-, that we certainly had not prove it. But we will not allow onrselves to treated our cousin like a gentleman! [Renewed think so; we are like Mr. Brown in the farcelaughter.] we will allow ourselves to be "excited! " As So you see there are some curious reflections there is no hostile flag from any part of the globe belongingtothesubject. But,short-sighted mor- to disturb the repose of our thirty millions of tals as we are, all we can do now is to look at free people, we, of course-such is the frailty and the black man as he is, and the white man as he unsatisfied nature of man-will find causes for is. One of your statesmen of the South, whom fearful conflict, at least among ourselves. And I have had the pleasure of knowing for a good yet I would under no circumstances vote to many years-I allude to Mr. Stephens, of Geor- furnish men and means to carry on war abroad, gia-in a recent speech, said that hewas in favor merely for the sake of avoiding internal strife. of Mr. SEWARD's higher law, not exactly in its I prefer what I am sure, if we are not a doomed application, but he said, that if it be not better people, is easy and practicable, to put our pasfor the white man as well as the black man, that sions and party animosities under recognizance one should be master and the other the slave, to keep the peace where we are. they had no business with slavery, and should Now, as to the reason, so often demanded on surrender it. I give the substance, but perhaps the other side of the House, why the people of not the exact words. All who have read that the North would prohibit slavery in the Territogentleman's speech to the people of Georgia will ries of the United States. I shall be prepared, know that I quote him fairly. That, I think, is I hnope, to discuss this subject without excitethe true philosophic ground upon which to put ment, fully, whenever it properly comes before it. If it be better that the negro should stand us, after this House shall organize. But I canin the relation of slave, better for all concerned, not forbear a hasty view of the subject, even now. then slavery is right. If the converse be true, It is called for by the great misapprehension of then slavery is wrong, and of course, if it be pos- gentlemen on the other side, and the denunciasible, should be peaceably abolished. Thus this tions, founded on that misapprehension, to vexed question is stated and submitted to the which we have, up to this time, listened with a world by a living, leading Southern statesman. most exemplary patience. The Republican party Let calm reason and fair discussion by those does claim, and has always claimed, and the whom it concerns ascertain the truth. The path Democratic party always claimed until about the of duty is then made plain to all. year 1852, throughout all the North, that ConI am not now and here about argue for either gress had plenary and unquestionable power, sideof the question thus generally propounded; under the Constitution of the United States, to but one thing I will say: it is not a good thing prohibit negro slavery in Territories, and that for white or black men to hold negroes as slaves it is the duty of Congress to exert that power in the State of Ohio, because we have tried it. whenever slavery did not exist in any Territory We are sure it is better that the black slave where the white man could live and work. My should not be where the white man has to work Democratic friend from Ohio [Mr. VALLANDIGby the side of him. It is better, we think, that HAiM] stated here, a few days ago, that the Dcmthe work of our State should be done by its white ocratic party had been wrong upon that submen. We have concluded, without any doubt, ject-meaning that they had heretofore conceded that wherever the white man can live and work, this power, and insisted on its exercise. Now, it there, at least, no system of forced labor should is certain, to look at it historically, that, in the exist. It has been ordained that man shall progress of your Government, the first founders "earn his bread by the sweat of his brow." of it did proceed upon that principle. The ordiThere are but very few men living on the face nance of 1787 was made under thle olt Confedof the earth, if they live honestly, who are not eration; it was made by very many of the men compelled to do something, by head or hand, or who sat in the Convention which forrledl the both, for their own subsistence. For instance: present Constitution of the United Strates; and in the whole fifteen Southern States there are only Virginia, by all her delegates, voted for that about four hundred thousand who own slaves. ordinance. Mr. KEITT, (in his seat.) Heads of families. Mr. MlILLSON. There is no doubt, as the Mr. CORWIN. I was speaking of the heads gentleman from Ohio [Mr. ConwiN] has remamri,of families. That may involve an interest of ed, that the opinions which le has imyp!lted to two millions of people. Let it be so. I am not Washington, Jefferson, and other disit:icguisb ( particular about it. There are eight million statesmen of the ante-revolutionary perioda were white people at the South, are there not? I wish entertained by them. But it ehould be remeimthere were one hundred million, for I want the bered that it was before the abolition of the AfriSouth to be strong. A great majority of the can slave trade that those views were expressed. Southern people must labor at something, as I It was while standing in the living presence of the victims of that traffic that their opinions so calm that in no period of their lives are they were formed. It was natural, sir, and almost so well situated for cool reason or calm reflection unavoidable, that they should think on slavery as immediately after such an event. They were only as a part of that legalized system of rapine Americans. They were Republicans; I do not and plunder. They at least would regard it as use the terms in a party sense. They called the motive prompting men to the perpetration of themselves Republicans. We call ourselves so crime. They did not see slavery as we see it. now; and we do believe we are following in our Indeed, sir, it was not then, as it is now, a sccial principles this day right after them. What I beg system established between two classes of our anybody to convince me of is, that I am mistaown native population, intended to promote the ken. When so convinced, if that be possible, I welfare and happiness of both; an institution shall surely acknowledgb my mistake, and abanof society, establishing a just and wise subordi- don my present convictions. The great, the good nation and dependence between two races, living as well as great men of 1787 ordained by law tog:ther in almost equal numbers, who socially that there never should be any slavery in that never could be equal, and whom, therefore, po- part of Virginia which had been ceded to the litical equality would convert into fierce and im- United States by the deed of 1784. Would they placable enemies. have done so, if they had considered slavery to Mr. CORWIN. I thank the gentleman, That be a good institution? I think not. There was is what I was going to say myself, but the gen- no overruling necessity for such a prohibition, tleman has expressed it much better than I arising out of circumstances unconnected with should have done it. I was about to refer to slavery. It was their belief that the greatest. that ordinance of 1787, whence I deduce the blessing they could bestow upon these five new conclusion that the men of that day did believe States was the prohibition of' negro slavery. that it was the best thing they could do with the They thought that an industrious, intelligent five States provided for in that ordinalce, to community of' free white men, having no degraprohibit negro slavery there. ded labor among them, was the best community Mr. SMIIITH, of Virginia. Will the gentleman that could be established. I suppose they had permit me to say a word here? Mr. Madison read Montesquieu, and believed with him that expressly states that the object of that prohibi- without virtue, honesty, and intelligence, a Relion was to take away the field left open for the public is impossible. I suppose that is a maxim imnportation of Africans. on which everybody agrees. They believed that;Mr. CORWIN. I was about to speak of that sort of system would be best promoted in a counopinion of Mr. Madison. I know from conver- try where white men can work, by saying that sations, which even so young a man as myself there should be no forced labor there. hals had with the men of that period, that Vir- I am not considering now whether or not th~:e ginia had some reasons for agreeing to the pro- great men were mistaken. I only wish, at this hibition of slavery in that part of the Territory, point, to say, that this much-abused Republican altogether unconnected with the institution of party, so much misunderstood to-day, is actingF slavery. But I shall insist that the main reasons exactly as these men acted in 1787, who, whether were the objection to siavery itself. Virginia under the Constitution or under the Articles of was then a great State, as she is now.," There Confederation, forbade slavery in all the Northwere giants in those days." She was afraid that western country, and forbade it because they the rich lands of the Northwest, with slavery thought it, as all their declarations at that time tolerated there, would induce eminent men whom prove, a great evil. I mean to say-and I hope she had at home, to go there; and she did not all sides of this House will understand me to wish to part with those illustrious men. She say-is, that if the men of 1787 had believed wished to keep them where they were. Virginia that slavery was not only a benign institution, wanted then, as she wants now, and as every but one that was friendly to the white man in State wants, to keep as much greatness and as that climate, they would not have prohibited it. much glory in their old homes as possible. They were not the kind of men to do anything Something like that was in operation then. But for party expediency. They were riot contending I can hardly suppose that that was the control- as to who should hammer this HIouse to order. ling motive with the great men who did that They were laying deep the foundations of this great act. Their often-expressed abhorrence of mighty Empire; and they acted under the proslavery proves it was not. A great act it was found responsibility which such a condition of for good, for lasting good, as subsequent events things imposed. They spoke with sincerity, they have shown. It was provided that all the States acted with sincerity, in the presence of that God1 that vwere to come into the Federal Union under who they believed, and I believe, had most malnithat o(rdinance should prohibit slavery; and it festly bared his right arm in every battle-field of was under that provision that Ohio, the first the Revolution in favor of our right of sefT'-govState that came in under it, excluded slavery in eminent and independence. They, then, secin; her State Constitution. that there was a territory not yet comp ehendei Now, what did the men of that day believe? within the limits of any State, having no powi'r They were wise men, philosophic statesmen. The to do anything as aa State, prohibited the eistterrific storm of the Revolution had blown over ence of slavery therein. That is xwhst the.C did; them; and we all know that the minds of men, and such men must have done that aict for the after having been much agitated, and relieved reason that they believed it right; and thought, from the causes of that agitation, then become as we Republicans think, that slavery is a gr-at 6 evil, at least in any climate where white men that I do believe, that if we had twenty of these and free laborers can live and work. very men in this House, this question would nol That territory of Virginia, which she claimed even be mooted, and we should have organized under a very old charter, was no longer the terri- in one day. We'do not work as they worked; tory of Virginia. It was regarded as territory we do not talk like them; and, worst of all, we acquired by the common blood and treasure of do not think as they thought. the people of the Confederacy, just as your terri- Why are we, I ask again, to be denounced as tories won from Mexico; and, under these circum- bad men for desiring to act as our fathers acted? stances, they then declared: "We will, under We. wish to do just what they did under similar this Confederation, agre? that there shall be no circumstances. We desire, if the country gives slavery in this territory, thus won by the common us the power, to do all things rightly; and in blood and treasure of us all." They so ordained; doing so, we turn to the bright examples of betand they made it a matter of compact forever ter days for our guide. Unhappily for us, the between the existing Government and the States North and the South have no confidence in each to be formed out of that territory, that every other, and madness rules the hour. You think such State should always exclude slavery. I do you have diverse and opposing interests. This not say what effect that would have under our is all a mistake-a great mistake. Whatever modern notions about compacts. Perhaps, in promotes the interest of Alabama and Missismodern times, we might believe that a State, sippi is, in a national point of view, equally after it came into the Union, no matter what bar- favorable to the interest of the State of Ohio. gain it made to get in, was such a mysterious One gentleman has spoken of Ohio as an Empire and omnipotent sovereign, that all obligations State. If she be such a State, is not Alabama passed from it, and ceased to have binding effect. made stronger by her connection with a strong Be this as it may, my purpose is now to show rather than a weak State? In any national what were tile views of those men, the founders conflict, Alabama has a powerful ally. In this of our Government, respecting slavery. That is view, it is too plain for argument that every the fact I wish to show. State is interested in the prosperity of every Now, then, suppose another Territory to be other, and each in.the prosperity and happiness acquired by the common blood and the common of all. We are not rivals, we are brothers. And treasure of the United States, in a latitude like here, I may ask, without egotism, why is young that of the Northwestern Territory. The Repub- Ohio so powerful? Kentucky is older by many lican party say, " We will exclude slavery from years; whilst, with a climate and soil unsurpacsthat Territory, as the framers of the Constitution ed by few, perhaps none, in the Union; with a under the Confederation did exclude it from just people surpassed by no community for entersuch territory as that." And if we do that, are prise, for courage, for constancy, for all the we to be charged with an attempt wilfully to qualities which give character and influence and subvert the institutions of this country and to just pride to States, Ohio certainly, from some do wrong to the South? If those Old Fathers of cause, has very far exceeded her elder sister in the Revolution-our Fathers, the Fathers of our developing wealth, population, and all that connation, the authors of all that we boast of, and stitutes a strong and powerful State. Why is all that is around us-if they acted in this way, this so? The cause, I think, will be found in may you not pardon us for doing just as they facts which give Ohio no cause to boast of herdid? Are we not, at least, excusable for enter- self, but in that very institution which forms the taining the opinion that it would be better to topic of all this debate. Kentucky is my native confine the institution to its present limits, or State. I knew her well; I knew her great men, certainly to exclude it from a new Territory, as and love them and honor them; but Ohio and they did? If you think they acted well and her, side by side, joined in heart as well as wisely upon this subject, it is your duty, under neighborhood-look at them, and you will see like circumstances, to imitate their example, not the difference between them to which I refer. c.lculating too curiously, as they did not, about There is history, that may be studied with profit, a few dollars' worth of slave property, which touching this matter. you may not be able to sell to, or carry with you MIy colleague [M~r. Cox] spoke of a meeting into each Territory; but considering, as they upon the western reserve in Ohio. He is a young did, and pondering, deeply and profoundly, what gentleman, a rising man, and, if he does not get is to be the effect upon the people who are to bad habits upon the Democratic side of the House, live in the Territories, from generation to gene- maycometosomethingsome day hence. [Laughration and from time to time, during the whole ter.] He amused himself with the comic power period of man's history in the world. Well, you he possesses. in imitating the nasal twang of the will say, they may have been wrong. Admit Yankees of that reserve. It sounded strange to that irreverent, preposterous supposition, and you, as it did to him, and so it did to the army of answer me, boastful, self-sufficient Democracy, Prince Rupert at Marston 3Moor, when the ando you blame us f6r having an affectionate re- cestors of these men rushed into battle egainst gard for the memory of those old men, and a the mailed chivalry and curled darlings of the I.xed belief that their acts were wisely and well courtofCharles I. What happened then? Somedone, and might be safely imitated by the Dem- thing worthy to be noted, and not forgotten. ocratic sages of ].860? I hope you will not say Stout Cromwell and his unconquerable Ironsides, that I am out of order, on either side of the when the day was well nigh lost, charged with House, when I declare, in the presence of God, resistless fury upon the proud columns of that 7 host of gentlemen, as they were boastfully de- publican party, which proposes to prohibit slanominated, and lo I Prince Rupert and his host very in Territories, is in that principle following were no longer there. They were scattered as the the example of the men of the Revolutionary pe. dried leaves of autumn are before the storm-blast riod, both before and after the adoption of the of the coming winter. That same nasal twang Constitution. The ordinance of 1787, prior to, rang out, on that day, their well-known war cry, or rather cotemporary with, the Constitution, " the sword of the Lord and Gideon." These Yan- shows that the men who, under the Confederakees are a peculiar people; they are an industri- tion, enacted that ordinance, thought it most ous, thriving, pains-takingrace of men. The frail- wise and beneficial towards slave and free States ties of these men grow out of their very virtues, both, to prohibit slavery in the Northwestern those stern virtues which founded liberty in Eng- Territory. Now, if those men were wise menland, and baptized it in their own blood upon if they were patriots-then what is the RepubliBunker Hill, in America. They will do so again, can party? It proposes to continue theirpolicy; if there is a necessity for it. It is a hard matter to imitate their example; to follow in their footto deal with men who do verily believe that God steps; and this is all on the subject of slavery Almighty and his Angels encamp round about which we propose to do. Were the men of 1787 them. What do they care for earthly things or wrong, then indeed in this particular is the Reearthly power? What do they care for Kings, publican party wrong. If they were right in the and Lords, and Presidents? They fully believe policy which dictated the ordinance of 1787, then they are heirs of the Kingof Kings. In thehour is the Republican party right, and the Demoof battle, they seem to themselves to stand, like cratic party wrong-totally, entirely wrong. But the great Hebrew leader, in the cleft of the rock; you say this ordinance was not enacted under the glory of the most high God passes by them, the Constitution, but prior to it; and that, under and they catch a gleam of its brightness. If you and by virtue of the Constitution, we have no come in conflict with the purposes of such men, power to prohibit slavery in Territories by acts they will regard duty as everything, life as noth- of Congress. Let us now see what the fathers ing. So it appeared in our war of the Revo- said on that subject; and, particularly, let us oblution. serve what they did. I must insist on the point The gentleman from Mississippi [Mr. BARKS- of examining into what the elder men of the ReDALE] says that the North got more Revolution- public did, for this reason: those men made, ary pensions than the South. I do not know pcndexed, studied, adopted, the Constitution. how that is. How did it happen? Gentlemen They had great veneration for it; and all of them tell me they would not have pensions in the who acted under it, whether in legislative, execSouth. I am glad if it be so. I happen to utive, or judicial capacity, took a solemn oath to know professionally something of revolution- support and not to violate it. If they were honary claims for lands. Virginia, when she ceded est, (and I think that we will scarcely dispute the Northwestern Territory to the United States, it,) then, if they did violate the Constitution, reserved all the lands lying between the Little they were ignorant men, and did not understand Miami and Scioto rivers, to satisfy the claims their own work as well as we sages here assemof her troops in the Virginia line on conti- bled. I think the characteristic modesty of this nental establishment. A large district in Ken- House will scarcely assert the latter proposition! tucky had been taken up to satisfy the same Passing by many facts in our political history class of claims. All the reservation in Ohio which threw some light on the subject before, let has been absorbed, and still land warrants us pause a moment at the year 1820. Not long come, and scrip has been granted; and yet the before this time, we had passed through our secVirginia line on continental establishment is not ond war with Great Britain. At that time, I beyet satisfied. Sir, it has seemed to us that the gan to look out upon the political affairs of the army of Xerxes might have all claimed and been world with that interest which both novelty and satisfied before this time. But this is all aside importance would inspire in all young minds. I and apart from the proper subject before us. I read the arguments in the Missouri case with a am not now, never have been, and never will be, great deal of care. Although the sentiment of one to so far violate history and good taste as to the country was generally against me, I then draw invidious distinctions between this or that formed the opinion that Missouri bad a right to State or colony, who, by their combined valor, come into the Union with slavery. I thought won the independence of all the States. While that right was founded upon the treaty stipulaI must always venerate the men of New England tions by which that Territory was acquired. The of that day, I still turn with unabated admira- treaty, ratified as it was by the Senate, twotion to those of the South, especially toVirginia- thirds of that body concurring, became, in the glorious " Old Dominion," illustrious alike for language of the Constitution, the " supreme law her heroes in war and her sages in peace; and of the land." What was Louisiana when we acif it depend on vote or effort of mine, the last quired her? Anybody, who knows the history land warrant of the last descendant of her revo- of the times, will know what she was. A little lutionary heroes shall be located on lands, if settlement, old, it is true, but so small in popusuch can be found, rich as the delta of the Nile; lation that it would be made by the Yankees of in a climate, if it be possible, healthful as was this day in a very few months. What was the Eden ere yet sin had brought death into the reason of that acquisition? All who have lookhome of the first family of man. ed into the current history of the West, from Mr. Clerk, it is my wish to show that the Re- 1790 up to about 1803, know that Western men, 8 the ancestors of those who now boast so much of property there when we acquired that territory, our loyalty to the Union, were threatening to and they remained property; and Florida came break off from those now living east of the Al- into the Union with slavery. Arkansas was leghanies, and to make an independent confed- admitted in the same way. But in that part of eration west of it, and to force free trade to the the country comprehended within the Louisiana sea through the mouth of the Mississippi. Jef- purchase lying north of latitude 36~ 30', covered ferson was alarmed, and the whole country was by what is called the Missouri compromise line, alarmed, as you will see if you read the debates therewas no population-nowhitemen,no slaves, of 1802 and 1803, in and out of Congress, while no property to be affected; and therefore slavery this matter was going on. Everybody West de- could properly be prohibited there. That was manded that we should go into war with Spain, the view which the men of 1820 took of that because she would not let us trade through the subject. That has been called a compromise; mouth of the Mississippi; and most eloquent and and the legislation of 1850 has been called a Impressive speeches were made, enforcing the compromise. Why, I know not. I apprehend idea that there was danger of a Western seces- that none of the men of that day voted for a sion, unless trade was made easy to the Gulf of law which they believed compromised away or Mexico through the Mississippi river. Mr. Jef- violated the Constitution of the United States. ferson, without any constitutional authority Certainly, no Congress should be lightly charged whatever, as he himself thought and openly with such horrible infidelity to themselves and avowed, authorized our Ministers in France to their posterity. They never thought they were negotiate for the purchase of Louisiana, which violating the Constitution, and compromising it, had then but recently fallen into the hands )f when they passed the Missouri restriction. They France. It was to avoid war that it was done. maintained their position of justice and fidelity That was the motive. It seems, by the subse- to compacts. The Constitution had declared that quent purchases of Flordia, and more recently that Constitution, and the treaties and laws made of California and New Mexico, that there was under it, should be the supreme law of the land, authority for acquisition all the while lurking in overruling all other laws. That omnipotent the treaty-making and war-making powers. treaty-making power was not trusted to anything I doubt very much, Mr. Clerk, whether the First short of two-thirds of that great constitutional Consul, that Little Corporal who was in com- body, the Senate of the United States. It was mand in France at that time, would have ever safe to trust it to two-thirds of that body, represigned a treaty which abrogated any right that senting all the sovereign States of the Union. the people of the ceded territory then had. We I have attempted to explain, Mr. Clerk, that know that when the treaty was completed, it we acquired territory, that slavery existed in it as has been always said, and I believe it, that Na- an institution, and that there never was any expoleon refused to put his signature to it, unless ercise of the powers of the Government to destroy we agreed to admit the people of Louisiana into that local institution, or, if you please, that right. our confederacy of States, with all the rights The whole of the Louisiana purchase, so far as enjoyed by those who were already in the Union. slavery was concerned, was left just as it was He was in arms for liberty then; he proclaimed acquired until 1821, when slavery was prohibited himself then'"the armed soldier of freedom," north of 360 30/'. Whether any slaves were held and would not have given up that colony, as he in the country to which the inhibition applied, called it, for all you could have offered him, but it is not material, at this day, to decide. My imthat he had no navy to protect it. He was at pression is, there were none. However, the men war with England, and he knew that England of 1820-'21 understood all about the early settlewith her navy would take his colonies from him. ments in the " Louisiana purchase," and the He was therefore glad to get rid of them. That character of those settlements also, much better Territory would have been a point of weakness than we can be supposed to understand them to France then, just as Canada would be a point after a lapse of forty years. We know that the of weakness to England now, if she were in a war men of that day declared that the treaty by which with us. That was Napoleon's idea, and that ar- we acquired that territory contained provisions tide in the treaty which secured to Louisiana the by which we were bound, its obligations being right to enter into the Confederacy, was inserted paramount to all law and every other obligation. at the request of Napoleon, and, no doubt, at that They admitted Missouri, as I think she would time, it showed his sincere admiration of our have been admitted if there had been no treaty; Government. He would not sign the treaty till perhaps it might not have been within a year or that was put in, in such terms as (treaties being two, but eventually I believe she would have the supreme law of the land) must prevail over been admitted without the aid of treaty stipulaany of our notions of slavery. And Louisiana tions. and Missouri would not have been admitted at Now, sir, who were they, disputing at that that day without that clause in the treaty, al- time about this question of the benefits of slavethough I think, without such treaty, they would ry, the disadvantages of slavery, the evils of slain time have been admitted without it. I do not very, looking at it in all its aspects, social, moral, say that it was the policy or the wish of the political? They were the men of 1820; they founders of the Republic to disturb the relations were men who had just emerged from that strugof property that existed when they acquired any gle with Great Britain, second in importance, as territory. They left Louisiana just as it was; they thought, only to that in which they con so they did with Florida, in 1819. Slaves were quered our independence; they rejoiced that they 9 had come out of it with reputation to the coun- which, as was eloquently remarked the other try. Their hearts were American. Whether Dom- day, is so delicate a piece of machinery, that, if ocrats, Republicans, or Federalists, they were all it be deranged in a single spring, the whole falls Americans; all party lines had been obliterated. into chaos. This man, a cotemporary of that We know that the period to which I refer was period, who had studied that complex and dellcalled the halcyon period of the Republic. God cate work, knew the object of the whole and the knows it was a happy day in the public affairs, function of each of its parts-I ask, did he not compared with the present. What did they do? understand the uses and design of that work as Just what we should do to-morrow, if we were well, nay, much better, than we, his degenerate like them. They admitted a slave State because successors? That question, I repeat, was subthey were bound to do it, either by treaty obli- mitted to his Cabinet, not a single member of gations or by those fraternal relations that must which, I believe, is now alive; and the testimony exist between the States; and they said that of Mr. Adams is, that they were unanimously of slavery should never exist in the territory north the opinion that the bill prohibiting slavery in of Missouri. the territory north of latitude 36~ 30' was a conYou of the South insist that the inhibition stitutional law. of slavery in the territory north of the State Mr. KEITT, (in his seat.) Mr. Calhoun denied of Missouri was unconstitutional. Is it to be the statement. supposed that the men of those days did not Mr. CORWIN. I heard the gentleman from understand their constitutional obligations? South Carolina make that statement the other There were Mr. Monroe, and John Quincy day. I was in the Senate when that was menAdams, and William H. Crawford-my Georgia tioned. If my memory be correct, Mr. Calhoun friends can understand who I mean when I said, at that time, he did not remember that fact. speak of him-a man, in my memory, quite as But be that as it may, if Mr. Calhoun at that illustrious as any citizen that has ever lived in time had entertained the opinion that it was not that great State. He was Secretary of the within the constitutional competency of Congress Treasury in the Cabinet of Mr. Monroe. There to pass that act, is it likely, from the earnest was Mr. Smith Thompson, afterwards Judge of nature and character of the man, that he would the Supreme Court-a man whom everybody not have left on record his protest against the who knew him will now remember as one pos- approval of what he might have deemed an unsessing great learning in matters of constitu- constitutional law? tional law, as well as in the common and civil Mr. KEITT. I will quote a single word from law; a jurist, in the best sense of the word; an Mr. Monroe's testimony. It is not quite so strong old-fashioned man, in the best sense of the word; as I thought it was, but it is just it should be a man of large and well-furnished head, and quoted. It is: sound, patriotic heart. He was Secretary of the " That the proposed restriction of Territories Navy. Mr. McLean was not at that time a mem-'which are to be admitted into the Union, if ber of the Cabinet. It remained for Gen. Jackson' not in direct violation of the Constitution, is'o bring the Postmaster General into the Cabinet,' repugnant to its principles." but he was in familiar association with that Cab- Mr. CORWIN. I have not brought myself to inet. But who was he, I ask you, whose only the conclusion that Air. Monroe put his name to function it wea, at that time, to give constitu- a bill that he believed unconstitutional. tional law to the Cabinet? Who was the At- From the history of the times to which I now torney General, who has nothing else to do but refer, we should all learn to tolerate difference of that, or would have nothing else to do, if we had opinion. Mr. Jefferson thought a great public not imposed extra-offi.:ial duties upon him? Wil- necessity obliged him to acquire Louisiana, withliam Wirt was the man, a Virginian. I presume out any warrant in the Constitution for that act. my honorable friend from Virginia, who sits It is not necessary now to recur to the historical before me now, [Mr. Bococa,] would have had facts of that day which formed in the mind of some doubt about the propriety of his own opin- Mr. Jefferson a justification of that act. Louisiion upon legal and constitutional points, if Mr. ana was thus acquired, and all then supposed Wirt had differed from him. our territory complete. But after the war of 1812 John C. Calhoun, of South Carolina, was also was ended, we found, or thought we found, a member of that Cabinet. This very question, another necessity. Florida was a Spanish colony. the power of Congress to prohibit slavery in the She was our neighbor, our too near neighbor. Territories, was submitted to that Cabinet. Was Our race, our rapacious race, will not submit to Mr. Monroe an Abolitionist? Doubtless, like a close proximity with any other race. Many others of his compeers of that period, he did en- apologies and some reasons were Eoou found why tertain the opinion, that wherever the white man we should own Florida. Indians abounded there: could labor with advantage, it would be better slaves were property there. It was said, and i to prohibit slavery; but that was not the ques- believe with truth, that these Indians would sometion submitted to him-him of the revolutionary times steal or spirit away the slaves cf our adera; him, an honored and influential patriot, joining States, or that slaves would run away from the time of our independence up to the con- into Florida, and fugitive slave bills, as we knew, stitutional era; him, a cotemporary of the Con- could not be enforced there. Florida was purstitution itselft who knew all the motives and chased to adjust this difficulty. Slavery was reasons, the pros and cons, why this power was lawful there, and the Government received it, get in, and that was left out, of that instrument- kept it, and to this day does not pretend to digs 10 turb slavery in Florida. It may be remembered was but another formula for the expression of that the legislative power of Congress over Terri- that principle. tories came before the Supreme Court of the [At this point, Mr. CorwIN gave way for a mounited States as a question directly or incident- tion to adjourn.] ally involved in a case which was brought from Tuesday, January 24, 1860. that Territory, I think in the year 1828. The Mr. CLERK: I ought to apologize to the House whole court then agreed that Congress alone and to myself for suffering myself to be beguiled could legislate for Territories. It should be borne into this debate without any preparation whatin mind that this was the same court, but not ever. I ought not to have been drawn into thig the-same judges, which decided the famous case discussion without some preparation. When Sir of Dred Scott. What did Mexico say when she Walter Scott was inquired of, why he did not ceded territory to us? She ceded it to the United write the Life of Napoleon in one volume, inStates; not to South Carolina, or to Georgia, or stead of three, he replied, that he had not the Massachusetts; but to the United States. She time. If I had known that I should have been said that the right to make laws for this people brought to discuss the very questions th.ht hbve is now transferred to the United States. The been in my mind since I took the floor yesterlocal laws and regulations in all sach cases re- day, or that I should have said anything to the main in full force, except where they conflict House, except merely call its attention to the with the Constitution of the United States. The necessity of electing a Speaker, I certainly would deed of cession was made to the Government of have said in one hour what required two hours the United States, and that Government, by con- to accomplish yesterday. I wish now, before I sequence, has, by virtue of treaty, the power to proceed, having collected myself somewhat ducontrol the territory. I have given you the opin- ring the intervening time since the adjournment, ion of Chief Justice Marshall. There are other to ask the gentleman from Virginia, [Mr. GARdecisions of the Supreme Court, which I may NETT,] whether I understood him yesterday to hereafter refer to, recognising Congress as the say that'Mr. Jefferson, at some time in his life, only legislative power which can rightfully make had expressed the opinion that the Missouri relaws for a Territory, until that Territory becomes striction was unconstitutional, or only that it was a State. inexpedient. Now, let me look a little to our opinions-the Mr. GARNETT. Both. opinions of learned gentlemen elected to repre- Mr. CORWIN. When I concedied that schE eent the people. It was observed by the gentle- was his opinion, I did not mean to say that Mr. man from Mississippi,that, in the "compromise" Jefferson had said at any time that the law of 1850, as he will continue to call it, the power passed, restricting slavery beyond a certain line to make laws for the Territories was abandoned. of latitude, was unconstitutional. I did know Now, if any one will look into the laws of 1850, that he had somewhere expressed the opinioin organizing the Territories of New Mexico and that it was highly inexpedient. If such an opinUtah, they will find that, while they organized a ion as that suggested by the gentleman froml VirIegislative Council and a lower House of Repre- ginia was ever expressed by Mr. Jefferson, I do sentatives, in' each of those organic laws they not know it. That he declared the acquisition provide, " that the laws made by the Territorial of the Territory of Louisiana to be without warLegislature should be returned to Congress, and if rant of Constitution, is a matter'of such pabi". disapproved by Congress, should be null and void." political history that none of us are ignorarnt of So far from surrendering this great principle, it. But I do not mean to concede the point that now become established by judicial decision as Mr. Jefferson had expressly declarod the Missouri well as by the laws of Congress, Congress ex- act unconstitutional. pressly retained the power to annul the laws of Now, Mr. Clerk, let us recall what I intended the Territory. Sir, I listened to the debates upon to present to the world-for we always speak to those measures of 1850 for many months. Mr. mankind when we speak in Congress, and to all Webster was, I think, very unjustly condemned posterity, and to all time back of us, if it can be by a portion of the people of his own State, be- made to hear. I have endeavored to apologize cause, they said, he surrendered this great right. to my friends upon the other side of the House I have lived too long to be much amazed at any- for the very erroneous opinions, as they call them, thing; but I have been utterly astonished that it of the so-called Republican party. I only want, should have been asserted by any one that either to say to them now, that we must be excused if of the illustrious men who figured in that dis- we take the same ground with the fathers of the cussion-Clay or Webster-ever surrendered the Revolution and the fathers of the Constitution; power of Congress to prohibit slavery in the Ter- and that whatever may be the opinions of the ritories of the United States. Th)ey declared, in men on that side of the House, we cannot find( their speeches, that they believed they had that it in our conscience! to accuse ourselves orf treapower; but that the territory coming from Mex- son while we advocate the doctrines of WVia hico was free, and that no power on earth, ex- ington, of Jefferson, of Madison, and of ionLrce. cept Congress, could take slavery there, unless We may be wrong upon the point of 1.-h: wce the lavr-making power of that territory had maybe wrong about the power oft Congrr;rss; bu planted it there before we acquired it. All the about the policy of restricting slhvery, we hnirg courts, State and Federal, up to 1854, had de- wrong, those great men were wnrorlg. If' they termined that slavery is the creature of local law, were right, beyond peradventure the UDermocrahtiI or long local usage recognised as lawful, which party are wrong. That was the view which. 11 wished to present to my fellow-citizens assem- of Washington, that if there were any way by bled here-to my fellow-members-by way of which slavery could be abolished, he would renexcusing us from listening hereafter to charges of der to it his cordial co-operation? Do you suptreason, murder, robbery, and arson, which have pose he had not seen that? Do you suppose he been charged upon the whole Republican party. had not seen the debates in the Convention, in Why, the arguments of some of these gentlemen which slavery is denounced as an enormous evil on the other side would indicate that, in their leading step by step, as certainly and as steadily opinion, as a matter of criminal law, every one as the step of time, to a consummation as fatal of the Republicans could be convicted of being as death? Do you suppose John Brown had not at Harper's Ferry, with a pike in his hand, push- read all these things in his solitude among the ing it into the bosom of a Southern gentleman. mountains of New York, where, twenty years [Laughter.] Sir, it made me feel a little un- ago, he says, he first conceived the idea of inhappy at first, until I found that all this was vading one of the Southern States, and carrying said in joke; yet the world, which is listening off its slaves? Do you suppose he had not ponto this debate, do not understand this. Gentle- dered upon these things, and prayed over themmen tell us here that they mean nothing per- for he was a praying man, as all enthusiasts are? sonal by these remarks. "It is true," say these He was a brave man, as all stern enthusiasts are; gentlemen, " that you do commit treason, you and it was because he thought this enterprise, do commit arson, murder, and all these crimes, the offspring of his gloomy imagination, was' but you do it in the most honorable and honest consecrated by the approbation of Jefferson and' way." [Laughter.] That is satisfactory to me. Washington, that, as he sometimes paid, be beSir, I endeavored to show yesterday, by refer- lieved the arms of the Almighty upheld him, he ence to the general history of the country, that was encompassed about by the Angels of the Mr. SEWARD had said nothing, that Helper had Lord. said nothing, more offensive than Washington. Is all this to be attributed to a declaration of I do not know what is in Helper's book, except Mr. SEWARD, in reference to a conflict between by report. I was written to by one of my con- slave and free labor? I appeal to gentlemen, if stituents for a copy of that new book, about they could trace back Brown's conduct at Harwhich he had heard so much. I had been listen- per's Ferry to any source out of his own solitary ing to this argument about treason, and I said meditations, whatever others might have stated to my constituent that I had no copy, except of their opinions, whether it is not more rational one, and that it would be dangerous for it to go to trace the germ of that conduct to those writhrough the post office with my frank. I should tings, speeches, and letters, of your own great be afraid that it would be brought up as testi- men of the South? They were great men; they mony against me, under an indictment by some were heroes. They were the great men of the court in Virginia, for being an accessory after United States, and the great men of the world; the fact, by sending HEelper's book under my and, notwithstanding you have changed your frank to Green county, Ohio. And that is not opinion on the subject of slavery, and made it all. There would be the evidence that I nomi- contrary to theirs, yet their names, and their nated my colleague, [Mr. SHERMAN,] and voted. fame, and their opinions, will be engraved upon for him. I hope gentlemen will see the delicacy the pages of history when those of us of this date of my situation. I have much feeling on this shall be buried in profound oblivion. [Applause subject. I have a wife and children, and they upon the floor and in the galleries.] It is wondo not want me hung for voting for my worthy derful that the talent, ingenuity, and eloquence, colleague. [Laughter.] It would not be agree- of this discussion should have come to such conable to them. [Renewed laughter.] clusions. Shall our minds be fastened upon these I think I had shown yesterday, by the refer- flimsy pretences, when we know there was matences which I made, that nothing has been said ter enough in the writings and speeches of the by Mr. SEWARD which could be construed as foremost men of the world to stimulate a mind offensive to the South as these declarations of like John Brown's into frantic fanaticism? Jefferson, which are known by heart throughout But it is said we are accessories after the fact. the length and breadth of the entire Union. Now, I ask gentlemen if they have not attached too I wish to address to gentlemen on the other side much importance to the Helper book? When of the House. one or two suggestions upon a ques- Thomas Paine was indicted in England, Attorney tion of logic and fair reason. They say that Mr. General McDonald, I believe, well known in foSEWARD, being the head and leader of the Repub- rensic history, gave him some notice of the fact lican party-against my protestations, they con- that he was to be tried for a libel upon the Britstantly deny me that honor, [laughter] —had ish Government in the publication of his pamphproclaimed at Rochester, in general terms, that let, "The Rights of Man." A friend of Paine between forced labor and free labor there neces- advised him to go over immediately and make sarily would be some collision; that some con- some compromise with the Government. "No," flict would go on between them; and that, in said he, " that indictment is an advertisement, consequence of that doctrine, John Brown de- and one hundred thousand copies of that pamphtermined to murder somebody at Harper's Ferry.. let will be in circulation in three weeks." And Now, do they suppose that John Brown had not so it happened. Those one hundred thousand read Jefferson's Notes on Virginia, and all other copies would not have seen the light, if it had not things which Jefferson had written about slavery? been for the indiscreet conduct of the then AtDo they sup)ose he had not seen the declaration torney General of the British Cabinet. So such 12 matters work out; and so it must ever be in a that particular respect, if lie should be elected country where principles are free, and speech and as Speaker of this House, it would be a burning press are free. While on this subject, let me say shame; the Union might be dissolved, and civil what, I think, will be agreed to by every consid- war take place. erate man in the House and out of it. Suppose Mr. McCLERNAND. Who said that? all of the two hundred and thirty-seven gentle- Mr. CLARK, of Missouri. I ask the gentlemen here had met upon some concern of great man this question: Do you assert that I ever interest to us personally. Suppose that some said so? man was proposed to discharge a certain duty Mr. CORWIN. I was arguing upon the genfor us, and it was known that this gentleman eral tenor of the speeches on the other side of had said or done something which might possi- the House. bly be an objection to him for the discharge of Mr. CLARK, of Missouri. I understood the the duty to be assigned to him. Any man who gentlemen to say that I so asserted. was a friend of his would have taken him aside, Mr. CORWIN. No, sir; not at all. I do not (as the gentleman from Missouri might have thirk anybody stated that, in terms. done,) and said: "Now, Mr. SHERMAN, you have Mr. CLARK, of Missouri. Has anybody upon been nominated by a highly-respectable gentle- this floor said so? man from Ohio." [Laughter.] That is what I Mr. CORWIN. No, sir. I said you argued would have said. Then he would have gone on: that civil war must come thus: the election of "I should have no doubts about voting for you; Mr. SHERMAN-that was the first step; the next'but I understand you have recommended a book will be the election of Mr. SEWARD; and then.' which teaches insurrection and rebellion in the war.'slave States. How did you come to do it?" Mr. Mr. CLARK, of Missouri. The gentleman never SHERMAN would have taken that gentleman by the heard me assert that. hand, and said: "Sir, a gentleman on this floor Mr. CORWIN. No, sir; it was said by other' from New York came to me, while I was hast- gentlemen on that side. You may not have'ily doing some business at my desk, and told heard it.' me it was desirable to collate certain parts of a Mr. KEITT, (in his seat.) Plenty of them, often'book called'Helper's Impending Crisis,' and and again.'to publish them in a cheap pamphlet, which Mr. CORWIN. I do not certainly misrepresent ~ pamphlet was to have a political effect"-that gentlemen in what I have said. Now, what is is, to illustrate, I suppose, the doctrines of the to follow? We, the Republican party, if we can, Republican party. I suppose that is what they shall certainly elect these men, or somebody just all understood. "I asked him," Mr. SHERMAN like them. I wish to know what the casus belhi would say, "' is it all proper, all right? Said my is to be, before we set out; hbt all you can say,'friend,'certainly.' Then, without looking at all the world can say, will never prevent any'the book, and knowing nothing about it, I an- freeman in any free State-or slave State, I hope,' thorized him to put my name to a recommend- either-from exercising the right of suffrage just'ation of a book yet to be written. When I saw when and as he pleases. No menace from any the work, I did not endorse it. I am sorry that man, or a number of men living at my own door'I was thoughtlessly and unwittingly brought in Ohio, I trust, will ever avail to induce me to'into this recommendation of it. I never in- surrender that great inalienable right, or shrink tended to endorse such a book. The gentleman with a craven timidity fiom its free exercise. I from New York told me it was all right." can assure those who threaten disurnion, because Sir, I do think, under that explanation, the the North or the West shall chance to vote for gentleman from Missouri would have taken his whom they deem proper for President, that seat, and said, "After all stated in the New no more fatal mistake ever entered into the' York Herald, there is nothing against Mr. SIER- head of a maniac, than the supposition that MAN, except that he acted unadvisedly, for which threats from any or all other quarters of the Unihe is now sorry." He would not, if he had been ted States will prevent or deter a freemen in the his political friend, have risen and menaced him }North or West from voting according to the dicwith a criminal prosecution. Criminal conduct tate of his own unbiassed sense of duty to himis always to be found in the intention of men. I self and his country. subscribe to a newspaper, to be printed for six Mr. Clerk, yesterday I intended to bring before months or a year; I put my name to the sub- the House the constitutional doctrines held by scription, and recommend it. It turns out that the Republican party, and compare them with the editor is a rascal and a blackguard. Am I the doctrines held by the founders of the Itepubto be held responsible for what is published in lie, and thus endeavor to prove, that when wo that paper? I think the aryumentum ad hominem declare that Congress, under our Constitution, might put some gentlemen on the other side in has the power to prohibit slavery in the T.;'itoa very odd position. The gentleman from Ohio ties of the United States, before they becomne recommended the publication of a book-not a States, we propose nothing which is new, ei' t er book which had been printed, but a book to be in the principles or policy of those who fo)u!lOld made out of another, which he never saw in his this Government; and theat the practice toul life until this resolution of the gentleman from policy of this Government, up to the.c ar IS-ifj. Missouri was offered. Well, gentlemen say there is in accordance with the doctrines iwo hField by is nothing to stain Mr. SHERMAN's honor; and the Republican party of this day. I am sure yet; honored as he is, and unstained as he is in that the history of the Goveromant, in all its 13 departments —legislative, judicial, and execu- are such as these men held. I do not now speak tive-will sustain' me in this position. If so, of our right, under the Constitution, to touch it then I shall feel authorized to inquire of gentle- anywhere; that I shall come to by and by. Supmen on the other side, by what authority you pose we do hold opinions touching the evils of dare to denoun e us as holding principles fatal to slavery in common with the greatest minds that the peace or interests or liberties of the people? have ever illustrated the history of England-the Your apology will be, public opinion is changed; greatest empire, in my judgment, upon earththe world has changed its opinions touching in coinmon, with the great mind that founded slavery. I admit that public opinion may have |this Republic. Is it fair, because we have not changed in the,-outh, and public opinion in the changed, but still adhere to those old opinions, North may have been modified somewhat. The to chaitge us with being reptiles, traitors, and public opinion of the world, however, against serpents? If it is, then dig up from their last slavery is stronger now than it was sixty y ears resting-plaee the bones of Jefferson, and hang ago. I know, frome the declaration of 1Ir. Cal- them up, as royal hatred in England did Cromhounr himseli that his mind did undergo a well's for many a year. Go to the sacred sarchange in respec! to some constitutional points, cophagus, now in the hands of the women of this and in respect to the propriety and morality of country, and get the bones of'Washington to-day, the instituAtion of slavery. But do not gentle- spit upon them, and throw them into the Potomen know that ever since the time when Jeffer- mac. He held the opinion that slavery ought to son said, when he c.mntemplated slavery in this be abolished when it could be done with safety country, he'trembled when he remembered to both master and slave. No Northern man that God is just;' that ever since the time when goes further than that. Gentlemen will find he declared that A" nothing was more certainly that these things will lead us into singular conwritten in the book of fate, than that the black elusions after a while. I have shown that those man one clay would be free;" that from that opinions were the opinions which illustrate the very time,,.tnd even before that time, the whole history of the world, and that they were openly moral sen,,e of the highest minds of England had proclaimed by Southern men, too, of whose been runnuing in the very direction of abolition- greatness we all so justly boast. ism? We kn o%, now, that the slave trade never I endeavored to show yesterday-of which I was legalized by any people upon the face of the shall have more to say presently-that Mr. Monearth. We learn it from the great debates in the roe's administration had sanctioned the very law British House of Commons, when the slave trade which the Republican party say shall be passed was prohibited under the auspices of Wilber-' with reference to the Territories; and that is all ftrce, Granville Sharp, of Pitt, and Fox; we they do say. I grant you they stand upon that; know that the license given by Elizabeth to that is the only thing which they have ever auHawkins expressly forbid him from bringing a nounced to the world intelligently, and as a matnegro from Africa "by force." We know.that ter of law, and doctrine, and practice. It was the statute of George II, which was said to legal- the departure from that principle which gave. ize that traffic, forbid that any African should birth to the Republican party. I know that ia be brought away from Africa except by his own the platform 2ead here the other day by soranconsent. England is not so much to blame as gentleman on the other side, there was somewe may suppose for initiating the slave trade, thing said about the inalienable rights of man, though it is true that she and all Europe acqui- and there was a long quotation read from the esced in it. Declaration of Independence. Now, if it has bleMr. Clerk, we know very well that, in the come a crime to quote the Declaration of Indemidst of that universal excitement of the public pendence, pass a law making it so, and we -will mind which prevailed during the reign of Eliza- obey it. I recollect that the celebrated Johnl beth and subsequent reigns, touching the Prot- Randolph once told a young friend of mine, who estant and Catholic religions, and the establish- was traveling with him abroad, that he (this ment of Protestantism, when all the Powers of young gentleman) would live to see the day Europe were engaged in fighting for the sue- when men would be called to order -for quoting cess of the Protestant or Catholic Princes; we the Constitution in Congress. know that this affair of the slave' trade was a It seems now, Mr. Clerk, that a gentlteman or subordinate matter, and passed unnoticed. Hand a party is entirely out of place when he or it. England been in the calm which she enjoyed quotes the Declaration of Independerncewith apafterwards in the time of James, I very much probation. But I do not eonstrue it as mad endoubt whether there ever would have been a thusiasts do, at all; nor does the Republican negro slave brought from the coast of Africa by party construe it as they do, a*. paramount to force. But it has gone, and England, during the the Constitution. That Deejaration. says that last halt of the last century, could not boast of every man is born wvthl certaininherent- inalienany very great mind in her Parliament who was able rights; these are life, libferty, andl:the pur-. not opposed to the slave trade. And, as the suit of happiness, I supposethat;tho A:miihty gentleman'from Anississippi well said yesterday, intended man to live or he would no;t have, afterhaving abolished the slave trade, the very breathed the breath: of. iWfe into hi' 3m Every: next step wtas the abolition of slavery in Jamai- man has the right to live, but he eertainly may ca; and I will add, with'their views of the sub- forfeit that right whenever he violates, the law, ject, they were right. Our crime' is, that our I suppose everjbody knsows that. I' have. seek notions about slavery, its morality and its evils, it tried, ~an ha, as right toel,lh.ert;; buti; i, F.V 14 State of Ohio, if a man breaks a pane of glass, lished thepoint, atleast, that the Republican party and takes away a piece of goods from a trades- proposes to do exasctly that which the makers of man's store, all that inalienable right, as it is the Constitution did, a year before the Constitucalled, cannot save him, and he is sent to serve tion was made. They got the power to do it ten years in the penitentiary, where he never under the old Confederation; they had that gets the floor, not even for a personal explana- power, not merely by the consent of the South, tion. [Laughter.] Man has a right to the pur- but at the urgent request of the South. Now, suit of happiness, undoubtedly; but if Brigham have we the power under the Constitution to Young came ~to the State of Ohio in the pur- do it? suit of happiness, in his way, [laughter,] we The gentleman from Mississippi [Mr. LAMAR] would lead him off to the penitentiary immedi- suggested to me yesterday that the law organately. All these things are understood by men izing the Territory of Orleans recognised slavery who analyze them. I know that they are too there. So it did. I wish, now, that section of much abused by men who take occasion to use the law enacted in 1798, for the government of these general expressions-all of which are true the Territory of Mississippi, be read. in the sense in which these great men use them. The Clerk read, as follows: They are truly much abused; but I hope that "S c. 7. And be it further enacted, That from the Republican party will, not be blamed for it,' and after the establishment of the aforesaid for they have as many men in their ranks who' Government, it shall not be aw-ful for any perunderstand, them properly as you have. We have' son or persons to import or bring into the said schools and colleges in the West; but still we' Mississippi Territory, from any port or place believe that there are men on the eastern slopes'without the limits of the United States, or to of the Atlantic, who, comparatively ignorant' cause or procure to be so imported or brought, though they be, do still comprehend these truths.' or knowingly to aid or assist in so importing or They have a Bunker Hill there which reminds'bringing, any slave or slaves; and that every them of certain things. They had a James Otis' person so offending, and being thereof conthere, and to him will history certainly award' victed before any court within said Territory, the merit of having inaugurated the doctrines of' having competent jurisdiction, shall forfeit and the Revolutionary war.' pay, for each and every slave so imported or Sir, I said yesterday that I could not suppose' brought, the sum of $300; one moiety for the that anybody believed that the Republican party' use of the United States, and the other moiety differed with the old men of the Confederation,'for the use of any person or persons who shall who passed the ordinance of 1787, at the very' sue for the same; and that every slave so imtime they were making the Constitution. I do' ported or brought shall thereupon become ennot think any man on the other side, or any side,' titled to, and receive, his or her freedom.!' or anywhere in the world, can say to me that I I have read that section of the law. Now, differ with the founders of the Republic, that I Mr. Clerk, to show that at.that time, in 1798, differ with the men who made the Constitution, the Congress of the United States assumed and on this subject. Why so? I say that I agree exercised a power in a Territory which they were with them. My principle is to exclude forced forbidden by the Constitution to exercise towards labor-negro labor-from every Territory where a State, is proof conclusive that they at that white men can work well and be healthy. That time understood that they had the power to is my idea. But I do not know but that I shall make laws concerning slavery and the slave trade be turned out of the Republican party by my in the Territories. friend from Illinois [Mr. LovEJoY] for heresy. There are some other matters, sir, which I That is my doctrine, and I say that the founders have been looking at this morning, which I wish of the Constitution and of the Republic had that also to read. About the year 1808, a gentleman very idea, and put it into practice by excluding whom some of us remember well, being then a slavery, in 1787, from the entire Northwestern Delegate from the Territory of Mississippi, (Alr. Territory, now five powerful States. I now pass Poindexter,) moved to change the organic law of to the question of the power of the Congress of that Territory, so that the Governor should not the United States. If the men of 1787 were right have the power of proroguing the Legislature at in their policy, then I think that every gentle- his pleasure. Then, as is usual in deliberative man will say that we are equally right in enter- bodies, a discussion sprung up upon general taining similar views. If the men of former times questions involved. On that occasion a gentlehad the truth with them in saying that it was bet- man from Georgia, whom I had also the pleasure ter, not alQne for,the present States, not for the to know for some time —a Mr. Troup-made the East, nor for the West, not for the North, nor for following remarks: the South, alone, but for all of them; better for "By the articles of cession, the right of soil the whole Republic, that the white children of' and jurisdiction was ceded to the people of the the father should go to a place where they could' United States on the express condition that the work well and be healthy;;better for these and' articles of the ordinance should form the govbetter for all, that the children of the white man'ernment of the Mississippi Territory, and that should have all that unoccupied land, if not too'they should not be governed otherwise. The hot for them-if they believed that they were'inference inevitably is, that the State of right in that, then I say we will ind power in the' Georgia would not have ceded but upon the exConstitution, if we by fair construction can, to' press condition; and this inference is the more do that right thing. I think that I have estab-'inevitable, inasmuch as in this clause Georgia 15'has made an express exception to a particular' before their population will authorize it; tell'article in the ordinance; from which I say that' us that that Territory does not grow fast''Georgia intended that no other alteration should' enough, and we must demolish the system for' be made.' their convenience." " What was the policy of the ordinance, and AMr. Clerk. it will be observed that, in all the' what the object of its framers? Why, assured- early discussions about the poweri of Congress'ly, to render the Government of the Territories in relation to a Territory, it' has been admitted dependent upon the Government of the United that Congress had entire control over its legisla-'States. And how was it to be effected? By tion under the Canstitution of Lhe United States.'making the Territorial Legislature in a great I would, if I thought it prudent, conmend to my'degree dependent on the Governor, -and him Illinois friends and to others, who contend ior this' absolutely dependent on the Federal Exe~cutive. very plausible and captivating doctrine of popu-'The moment we make the Legslature of a Ter- lar sovereignty in the Territories, to examine'ritory independent of its Executive, we male it what it was the great founders of the Pqjpublic' independent of the Federal Government." * * thought on that subject. I would advise them, " But the gentleman from Mississippi Territory as the honest clergymen of illinois, who are about'is' certainly mistaken as to one point. He to be silenced by some law which we hear of,'seems to consider the Constitution of the Uni- would do: to give it their p.ayerful attention.' ted States as giving to the people of the Territo- [Laughter.] ries the same rights as the people of the States.'It is a mistaken idea, neither warranted by d to t now sen the Clerk's desk, to be read, the'letter or the spirit of the Constitution; for tenth section of a law passed in 1804, to be' although the Constitution has declared that the' people of one State are entitled to all the rights established. and privileges of another, yet it has not de- The Clerk read, as follows: dared that the people of the Territories have " SEC. 10. It shall not be lawful for any per-'the same rights as the people of the States.' son or persons to import or bring into the said In another part of the Constitution, it is indeed' Territory, from any port or place without the expressly declared that Congress shall make' limits of the United State&, or cause or procure' all laws for the disposal of the Territories; but' to be so imported or brought, or knowingly'there is a salvo that all acts done and contracts'to aid or assist in importing or bringing, any'made previous to the adoption of the Constitu-' slave or slaves; and every person so offending, tion shall be as binding as if done afterward.' and being thereof convicted before any court The articles of the ordinance were enacted pre- within said Territory having competent juris-'viously, and are consequently binding under'diction, shall forfeit and pay, for each and'the Constitution. It cannot be controverted'every slave so imported or brought, the sum'that they were wisely adopted, and have been' of $300, one moiety for the use of the United salutary in their operation. They were framed' States, and the other moiety for the use of the'by the Congress of 1787, composed of men' person or persons who shall sue for the same; and'whose integrity was incorruptible and judg-' every slave so imported or brought shall there-'ment almost infallible. These articles, from' upon become entitled to and receive his or her'that time to this, have remained unaltered, and' freedom. It shall not be lawful for any person' carried the Territories, through difficulties'or persons to import or bring into the said' almost insuperable, to prosperity. And now,' Territory, from any port or place within the for the first or second time, an alteration is' limits of the United States, or to cause or pro-'proposed, the consequence of which cannot be''cure to be so imported or brought, or knowingly' foreseen, without any evidence that it is either' to aid or assist in so importing or bringing, any necessary or expedient.' slave or slaves which shall have been imported "The population of every new country must' since the 1st day of May, 1798, into any port or necessarily be composed of a heterogeneous' place within the limits of the United States, or'mixture of various tempers, characters, and in-' which may hereafter be so imported from any' terests. In a population thus composed, it' port or place without the limits of the United'would be highly ridiculous to expect that love' States; and every person so offending, and be-'of order and obedience to law would always' ing thereof convicted before any court within'predominate. Therefore the old Congress' said Territory having competent jurisdiction, wisely reserved to itself the right to control' shall forfeit and pay for each and every slave so'them; to give the Governor power, when a'imported or brought from without the United' Legislature became disorderly, to dissolve them;' States the sum of $300, one moiety for the use' and for the exercise of this power he is account-' of the United States, and the other moiety for' able to the General Government.' the use of the person or persons who shall sue "The gentleman from Mississippi wishes us' for the same; and no slave or slaves shall,'not to treat the Territories as children, whose' directly or indirectly, be introduced into said wild extravagances may require correcting' Territory, except by a citizen of the United Slates:by the indulgent hand of their parents, but' removing into said Ter'itory for actual settlement, as the equals of the States, without any other' and being, at the time of such'emnoval, bonafide:reason than that which he states to be the sit-' owner of such slave or slaves; and every slave nation of the people of his Territory. They'imported or brought into the said Territory conwill next wish us to admit them into the Union' trary to the provisions of this act shall there 16'upon be entitled to and receive his or her free-' dition of Territorial dependence, but no longer. c dom."' I am willing at any time to exercise this power. Mr. Clerk, I do not have these extracts read' I regret that it has not been done sooner. But, from the early legislation of the Congress of the i though Gongress can give laws to a Territory, it United States, regarding this matter, with any'cannot prescribe them to a State. The condition view now to enter into an argument showing' of the people of a Territory is to be governed by that they were constitutional. I only produce' others; of a State, to govern themselves."-Ann2als them as the opinions of the men of that day, and' of Sixteenth Congress, First Session, vol. 1X pages which heretofore have been considered safe'1145, 1146,1160. counsellors on questions of constitutional law. The general drift of all these observations of What they did certainly evinces their belief that the early men of the country concedes the fact they had power to regulate the question of sla- that when a Territory is acquired, it is, before it very in Territories. I wish now to commend to becomes a State, to be governed by the Congress the consideration of the House, on this point, of the United States, whether you derive that the opnions of another gentleman, (Mr. Louis power from the clause of the Constitution which MIcLane,) long known and deservedly honored in says Congress shall have power to make all the legislative and executive annals of the coun- needful rules and regulations respecting the tertry; always considered as exalting in his person ritory and other property of the United States, the executive offices he occupied; a foreign min- or derive it as an incident to the power to make ister of the very highest reputation since the old war, as some contend, or as incident to the power men of the revolutionary time have passed away. to make treaties without qualification, as others His son is now one of the diplomatic agents of contend. You see that the power to make laws the country. Mr. Louis McLane said what I send for a Territory was always considered, under one to the Clerk. or the other of these clauses, as belonging to The Clerk read, as follows: Congress. As that power is without limitation"Mr. Chairman, the people of Missouri cannot as there is no possible limitation placed on it by'be incorporated into the Union but as the people these views of the subject-I maintain that it is of a'State,' exercising State government. It is just as large a legislative power as the States a union of States, not of people, much less of have in regulating their State policy. I hold, Territories. A Territorial Government can and I may differ from some of my Republican'form no integral part of a union of State Gov- friends, that Congress can enact that slavery' ernments; neither can the people of a Territory shall be in a Territory, or enact that it shall not'enjoy any Federal rights until they have formed be in a Territory, just as fully and freely as a a State Government and obtained admission State can do the same within its limits.'into the Union. The most important of the Let us now recur for a few moments to the' Federal advantages and immunities consist in legislation of Congress in that portion of the' the right of being represented in Congress-as Louisiana purchase lying north of latitude 36~'well in the Senate as in this House-the right 30/-that part of the purchase now known as of participating in the councils by which they Kansas and Nebraska. 1 was endeavoring to'are governed. These are emphatically the show that the Cabinet of Mr. Monroe had all,'rights, advantages, and immunities, of citizens upon mature reflection, in 1821, conceded the of the United States.' The inhabitant of a power of Congress to prohibit slavery in a Ter-'Territory merely has no such rights. He is not ritory, as they did in.that Missouri restriction. a citizen.of the United States. He is in a state When I quoted the opinions of Mr. Calhoun, it of disability as it respects his political or civil was suggested by the gentleman from South'rights. Can it be called a'right' to acquire Carolina [Mr. KEITT] that Mr. Calhoun did not'and hold property, and have no voice by which approve of it at the time. I have in my hand'its disposition is to be regulated? Can it be an extract from a speech of Mr. Calhoun, de-' called an advan~tase or immunity of a citizen livered in the Senate in 1838, when that quesof the United States,to be subjected to a Gov- tion came directly before that body. I had, I'eminent in whose deliberations he has no share thought, a very perfect recollection of it; but I or agency beyond ithe mere arbitrary pleasure did not like to state it positively yesterday. It "of the Governor-to be ruled by a power ir- was made in a debate upon a resolution which responsible (to him, at least) for its conduct? he himself had offered, in which he said that any' Sir, the rights, advantages,,and immunities, of attempt by Congress to abolish slavery in the citizens of the United States, and which are District of Columbia, upon the ground that it' their proudest boast, are the rights of self- was sinful, would be a dangerous invasion of the government-first, in their State Constitu- rights of the South. He went further, and said tions; and secondly, in the Governmennt of the that Congress had no right to determine whether Union, in which they have an equal participa- the institutions of a State were wicked or right-'tion." *' * eous. I am very much of that opinion myself. " The right to govern a Territory is clearly in- I think every State has sins enough to answer cident to the right of acquiring it. It would be for itself, without interfering with its neighbors. absurd to say that any Government might pur- When that subject was under discussion, Mr. chase a Territory with a population, and not Calhoun said:' have the power to give them laws,; hut, from "lHe -was gald that the portion of the amendwhatever source the power is derivable, I admit' ment which referred to the Missouri compromise't to be apl@eg y, 8so long as it remains in;a con-' had been struck out. He was not a member of 17' Congress when that compromise was made, but' ion, in writing, of the Administration, as to the con-' it is due to candor to state that his impressions' stitutionality of restraining Territories, which was'were in its favor; but it is equally due to it to explicit in favor of it; and it was, that the eighth say that, with his present experience and' section of the act was appicable to Territories only,'knowledge of the spirit which then, for the first' and not to States when they should oe admit-'time, began to disclose itself, he'had entirely, ted into the Union.'" I changed his opinion.}" The third piece of testimony collected by Mr.'This is front Mr. Calhoun's own speech, made Benton is: in 1838. I read from Benton's Thirty Years in "An extract from the diary of Mr. John the United States Senate, page 136.* It was' Quincy Adams, under date of the 3d of March, made in a very animated discussion, which was' 1821, stating that the President oti that day as conducted with pei fect propriety and gentleman-'sembled his C(abinet, to ask their opinions on ly deportment, but with zeal and fervor and' the two questions mentioned, mhich the whole great power, too-all of which contributes to' Cabinet immediately answered unanimously and the usefulness of every discussion; and which I' afrmatively; that, on the 5th, he sent the quescould wish, in common with us all, might be' tion in'writing to the members of his Cabinet, more sedulously imitated by us all upon this floor,.' to receive their written answers, to be filed in in this present House of Representatives.' the Department of State; and that, on the 6th, Now, I could read further, if cumulative testi- I he took his own answer to the President, to he mony were wanting to show that Mr. Calhoun' filed with the rest-all agreeing in the affirmawas in favor of that.law. I think I have shown' tive, and only differing, some in assigning, that the whole Cabinet did agree to it; and I' others not assigning, reasons for their opinonly now wish to'how that they agreed to it' ions. The diary states that the President signed deliberately and in writing. Mr. Benton, on page' his approval of the Missouri act on the.6th, 141' of the same work, has collected, among other [which act shows he did,] and requested Mr. proofs, the following:' Adams to have all the opinions filed in the De"First, a fac simile copy of an original paper in' partment of State."' Mr. Monroe's handwriting, found among his The other day, some gentleman upon the other'manuscript papers, dated March 4, 1820, (two side of the House read that diary, as extracted days before the approval of the Missouri corm- from Mr. Adams's journal.'Mr. Benton only conpromise act,) and endorsed:' Interrogatories- denses it, and all will agree that it is correctly'Missouri-to the Heads of Departments and the stated here. After that, in 1855, a letter was'Attorney General,' and containing within two addressed by Mr. Benton to Mr. Clayton, who questions: was Secretary of-State in 1849-'50, to know what "1. Has Congress a right, under the powers had become of these written opinions. Mr. Clay-'vested in it by the Constitution, to make a reg- ton answered, under date of July 19, 1855, as' ulation prohibiting slavery in a Territory. follows: " 2. Is the eighth section of the act which pass- "In reply to your inquiry, I have to state that ed both houses of Congress on the 3d instant,' I have no recollection of having ever met with'for the admission of Missouri into the Union,' Mr. Calhoun's answer to Mr. Monroe's Cabinet:consistent with the Constitution?"' queries as to the constitutionality of the MisThis is a letter in the handwriting of Mr. Mon-' souri compromise. It had not been found while roe, and the endorsement, as I have said, is in'I was in the Department of State, as I was then his handwriting;' and it was made two days be-' informed; but the archives of the Department fore the act making this restriction was approved' disclose the fact that Mr. Calhoun,'and other by him as President. The second piece of testi-' members of the Cabinet, did answer Mr. Monmony collected here is:' roe's questions. It appears, by an index, that "The draft of an orignal letter in Mr. Monroe's these answers were filed among the archives of'handwriting, but without signature, date, or that Department. I was told that they had' address, but believed to have been a copy of a' been abstracted from the records, and could not' letter addressed to General Jacks0n, in which' be found; but I did not make a search for them' he says:' myself. I have never doubted that Mr. Calhoun "'The question which lately agitated Con-' at least acquiesced in the decision of the Cab-' gress and the public has been settled, as you' inet of that day. Since I left the Department have seen, by the passage of an act for the ad-' of State, I have heard it rumored that'Mr. Cal-' mission of Missouri as a State, unrestricted;' houn' answer to Mr. Monroe's queries had' and Arkansas also, when it reaches maturity;' been found; but I know not upon what author-'and the establishment of the parallel of 36~' ity the statement was made."' 30/ as a line north of which slavery is prohib- I think, Mir. Clerk, that if we were in a court ited, and permitted south of it.. I took the opin- ofjustice, and before a jury, with the fact in dispute whether Mr. Monroe's Cabinet did mazke;',Ir. Lamar, of Mississippi, between whom and r. Cor- these answers affirmatively, and if I were mainio tllerie wMsM aIolloclv as to thie eorrectest of air.Be taining the affirmative of that proposition, I tii.s citation, seemied to doubt that Mr. Calhoun had ever nadoL sucli an admission. The extract here given will should be sure to get the unanimous verdict of bo found in hMr. Calhoum's rersarks in the Senate onl the a sensible jury on that point, on the evidence. I uiday rof iSS rocin ttesdebate on hii celebrated reso- shall therefore assume it as true, as a matter of lu:tions on slhvery precisely as Ar. Benton quotes in the "Thirty Yel's View. — See Appendix Congressional Globe history, that, in the year 1821, James Monroe,,S ad Sisioi lioenty-fifth Cgress, vol. 6,page 72. President of the United States; John Quincy 18 A-dams, Secretary of State; William H. Craw- tion up to 1821, when he was called upon, under ford, Secretary of the Tre.asury John C. Calhoun, the responsibilities resting on the highest officer Secretary of War; Smith Thompson, Secretary of the Government, to decide whether Congress of the Navy; William Wirt, Attorney Generalb possessed the power to prohibit slavery in a all agreed, after hearing that' debate-going on, "Territory." He was a Virginian, a slaveholder; as it had been, for two years in Congress-with and, if biassed at all, that bias might be expected their minds imbued with all the arguments on to incline him against the power. Such a man, both sides, came to the conclusion that Congress such a President, on full deliberation, decided did possess, always had possessed, and always that such power did exist in, and by virtue of, would possess, the unqualified power to restrict that Constitution, and accordingly approved the slavery in the Territories, or to make any other act of Congress which exerted that power. John law they pleased on the subject. That is allthe Quincy Adams was his Secretary of State. A sin the Republican party has committed. I be- child of the Revolution, educated in the princilieve that Mr. Monroe did know something about ples which brought that revolution to its glorithe Constitution of the country. I believe that eous conclusion, thoroughly taught and studied John Quincy Adams did understand something in the science of jurisprudence, he brought to of the nature of this delicate machinery of ours, this very question all the powers of a mind natas it is now chlled. The Republican party is urally strong, strengthened and enriched by all weak enough to believe that there are some men the appliances of study, while its operations were in the world who have brains in their heads be- freed from all sinister influences, by candor and sides themselves. They believe the men of 1821, integrity which eves party malignity has never as well as the great men of 1787 and 1804, all questioned. Adams was a Northern man, and held the doctrines of the Republican party of not a slaveholder. He, too, agreed with Monroe, 1860; and this, I think, I have proved. the Southern blaveholder.'William H. Crawford, Sir, need I now call from their homes in eter- of Georgia, was then the Secretary of the Treasnity the great and good men who, in 1787, de- ury. He was a Southern man, and a slaveholder. clared that it was. not just or politic to permit He was at that time la most notable man among slavery in the territory northwest of the Ohio, men who were indeed worthy of notice-a man and so ordained? Need I call the shades of of austere virtues, and yet of kindly and generMonroe and his Cabinet from the " abodes of the ous nature. But, above almost all men of his blessed," to come here into this Hall, and declare time, he was remarkable and remarked for carryagain, in the presence of the world, the same doc- ing what is called " strict construction " to great trines they have declared under just such obli- extremes. Every power not clearly granted, in gations as now rest upon us? I could wish that terms, to the Federal Government, was, by him this majestic and venerated host could pass in and his school, denied to the Government and review before the vision of the Democratic mem- reserved to the States or the people; and this, bers here this day. Each and all would range too, whether such power were claimed for the themselves on the Republican side of this House; executive, or legislative, or judicial department. for there, and there only, in this House, would In this characteristic he stood in: perfect contrast they find the principles, policy, and constitu- with his colleague in the W~ar Department, Mr. tional law, which they proclaimed, acted upon, Calhoun, who then held doctrines on this suband established, from the day they broke the ject condemned by Mr. Crawford and his school yoke of foreign power up to the day when it as dangerous, as latitudinarian. Mr. Crawford pleased God to relieve them from their earthly had been much in public life; had studied-as trials, and take them to himself. men of that day did-the Constitution, and all Mr. Clerk, I find myself at a loss to understand other forms of civil polity found in libraries achow it is possible for the gentlemen on the other cessible to them. His name and character will side to rid their minds of the crushing weight of long live in the esteem of all Georgians, as well authority which presses against them, upon this as in that of all Americans who venerate the subject, either as to the policy of restricting sla- wise and good. Crawford, strict constructionist very, or the power of Congress to do it. Will as he was, slaveholder as he was, admitted that they assert that the men of 178Y were mistaken Congress had power to prohibit slavery in a in the policy, and that Congress and the Execu- Territorv. John C. Calhoun was also in this tive department, from 1804 to 1821, were mis- Cabinet council of 1821. He was then Secretary taken in the point of constitutional power? of War. He was a South Carolinian, and a slaveWhere is the enormous egotist to be found who holder; a man of rare powers of mind, quick in will assert that he understands, to-day, the Con- discerning the point of merit in any question. stitution of the United States better than Presi- His power of " generalization " was greater and dent Monroe and his entire Cabinet did in 1821? more rapid in its processes than that of any man Monroe was a patriot and a soldier of the with whom I have had the good fortune to be Revolution. He was familiar with all the de- acquainted. All Southern as he was, he, too, liberations of the wise men and all the thoughts admitted this power to subsist in Congress; and, and writings of his times which led to the forma- as I think I have shown, gave his written opintion of the Union and the adoption of the Con-'ion to that effect under all the grave responsi.. stitution. He'was an anxious participant in the bilities of a " Cabinet minister." Smith Thompdiscussions concerning thepowers vested in Con- son, of New York, was then Secretary of the gress by that Constitution. He had carefully Navy. This gentleman is better known to the watched its operations from the timue of its adop- world as a Judge of the Supreme Court of' the United States, to which place he was transferred it had created, and sunk, quenched in blood, on account of his accurate and'profound knowl- leaving behind it only the spectral images of conedge of law-law as a scie-nce-comprehending fusion and war which its brief day had evoked all subjects embraced in what are denominated into life. national and municipal law. He was a Northern Mr. Clerk, in treating this subject of the power man,'and to the four others I have enumerated of Congress over Territories, the object of our he added the great weight of his opinion, concur- inquiry is to ascertain whether any clause in the ring with them fully and entirely. Constitution gives, in terms or by fair implicaBut who was he, the then Attorney General of tion, the power in question. In all such cases that Cabinet?-he whose entire official duty it the inquiry is, what is the true intent and meanwas to advise the President and each one of the'ing of the Constitution? The words employed are Cabinet on questions, of law? Mr. Wirt was that to be carefully criticized; and if they be plainly Attorney General-a name known and respected such as to give or deny the power, then the meanby all lawyers who know anything of law; a ing is ascertained. If doubts arise, however, name equally known and respected by all, of all from an examination of the words employed, it classes and professions, who admire true intellect- is always safe (o ascertain, in other modes, what ual greatness combined with amenity of man- they did mean who wrote and enacted these ners and amiability of temper that won the affec- words. Hence, the acts of individuals, done in tions of all hearts; a man of such rich and performance of their own written engagements, diversified intellect, that while he toiled in the show what: they understood their own written profoundest depths of the richest mines of legal contracts to mean. So the conduct of nations learning, yet found leisure; and had the taste to in the execution of treaties is always resorted to gather from the garden; of polite letters some of to show what each nation understood its treaty the richest and rarest of their fruits and flowers; contracts to bind it to perf6rm. This plain rule and, to crown all; he was gifted with an elo- of good sense, when applied to Constitutions or quence that charmed and enraptured all who legislative enactments, is called "cotemporaheard him. To this Virghian, this slaveholder, neous construction." this all-accomplished mine, our Republican plat- Sir, we know that while the Convention that form of this day was submitxed. It was not then a formed the Constitution was in session, in the great spring-board whence tome insane aspirant year 1 787, the old Congress, under the old Artifor Presidential power was to eap into the coveted cles of Confederation, passed the celebrated orExecutive chair; it was not then a principle to dinance of 1787, whereby that Congress did enact be used only for the occasiol, and to be an- that there should be "no slavery or involunnouncedl to the world amid thehoarse clamor of tary servitude " in the then Northwestern Terripopular strife, and then abandoned at the end of tory. It is only reasonable to suppose that the four years for some novelty more captivating to Convention then in session, seeing this power the popular ear. It was argued, ionsidered, and exerted by Congress under the old Government, decided, by such men as I have naued, at a time should conclude that the same ought to be grantwhen the old party names, Federdlist and Re- ed to Congress in the?new Constitution, which publican, had ceased to have a meaning; when was to supersede the old " Confederation." Acthe beacon fires of party war were wuenched in cordingly we find a clause inserted, which says: the pure waters of a pervading Anerican pa- "'Congress shall have power to make all needtriotism.' ful rules and' regulations' conerning the terriAs the Republican platform (so mucm derided' tory and other property of the United States." and condemned now by learned gentlem.n of the The men who enacted the ordinance of 1787, Democratic party) now reads, so did tie great and those who formed the Constitution, were tribunal to which I am now referring deede the many of them the same persons. Is it not an law of the Constitution. To this augustcourt irresistible conclusion that they did intend, by I appeal, from the hasty opinions of yourood- the clause I have quoted, to cofBer the same ern poilicians and the teachings ad paraglphs power upon Congress by that clause which they cut from obscure newspapers. To that tribmnal had in the old Congress, in the same year, themI summon, for judgment and sentence of deth, I selves exerted, by virtue of the powers given to these new notions which teach us that this saae Congress by the "Articles of Confederation," Constitution, which in 1821 permitted Congres under which they then acted? Let us not be to forbid slavery in " YTerritories," now, in 186/ told that the power "to make all neetl u rules and tramples Congress and its power, scoffs at al'reyulations concerning the territory," was inserted power, Federal or Territorial, and bears slavery, in haste, or was not well examined and well unas the phrase goes, " suo.proprio viyore," into all lerstood. Before the Constitution was adopted, Territories; and only pauses to bow with royal |d after it was formed, it underwent the closest courtesy to the crowned and sceptred majesty of. Scutiny. The public prints teemed with critiState Constitutions. Hither, also, do I summon nius upon all its provisions. State Conventions that other modern partisan war-cry, " popular deleted it with all the interest its vast importsovereignty," born of the partisan struggle~ of ancenatural]y elicited, and with all the power 1854. From the heated furnaces of political strife, whic. the greatest minds, in that age of truly this fire went forth. It shed its baleful light over greati en, could bring to the discussion. They Kansas for three troubled years; blazed up to knew te meaning and import of every word, and noon-tide, and then, like a tropical sun, dashed the extqt and. intent of every power granted to down the. sky, cast a lurid blaze over the chaos each branch of the new Government. Now, wo 20 also know that the leading men in the Conven- the very. authorities to which I wanted to refer. tion that formed this Constitution were many of From that I shall read to show what the juditheam leading and'active men in the legislative, ciarythink about this matter. As I said yesterjudicial, and executive departments of the Gov-' day, such is the structure of our Government, ernment under this Constitution. In every office that, if there be any dispute about the constituthey may have thus held, they took a solemn tional power of Congress in making a law, and oath to "observe the Constitution," it being the an individual right comes in qdiestion, so as samne they themselves had made. We must ad- to give the judicial department of the Governmnit, therefore, that they did not: intend to violate ment cognizance of it, and they decide that the any clause in that Constitution. Even the Dem- law is unconstitutional, I know of no relief ocratic party will not assert that the great men against that decision, if it shall be wrong. to that day would be likely to commit perjury, I wish to show what the judicial department and, in doing it, destroy their own great work; of the Government thought of this powerof Confor all of them regarded the Union under that gress to govern the Territories. There is a case Constitution as furnishing the only hope remain- referred to which I had not before me yesterday, ing to them and their posterity, of realizing their and I have been unable to get the book from the long-cherished object, rational freedom regulated Library this morning. I take it for granted that by law. Did not they think they had the con- it is here correctly referred to, and that the quostitutional power to do that? They -did it in. tations are correct. It is the case of Sere vs. 1798; they did it in 1804; they did it in 1820. Pitot. It occurred in 1810, and is reported in These were fathers of the Revolution; the apos- 6 Cranch, page 336. The Supreme Court of the ties were there, making their own commentary United States, without a dissenting voice, in the upon their own gospel; and this was the cor- most explicit language, then declared " that the mentary: that Congress make laws for the ter-'power of governing and legislating for a Terriritory, composed as it was of a heterogeneous'tory is the inevitable consequence of the right and discordant population, not likely to agree'to acquire and hold i." among themselves upon any system of civil pol- Let me advert to that Supreme Court. Who ity. We treat them as infants. We, owning the'were upon the bench of the Supreme Court at country, are the proper legislative power to give that day? Look at the judicial records of the it laws. That is the way they treated it; and I country.' There was John Marshall, and all of never shall believe that they intended thaet that them like him in great qualities of mind and power should not be there when they made the nature. Virginians know who I mean when I Constitution. If they had not intended it to be refer to John Marsiall. Questions are not brought there, they never would have: exerted it. They up in that court ts they are here. A gentleman would have asked for an amendment of the Con- jumps up in the morning here to set himself right stitution if they had thought it necessary; but before the country. [Laughter.] To do that, they went right forward, and exerted the power, he offers a resolution. The House votes on it. because they knew the power to be there. One One gentlemm speaks over on that side, and of two conclusions you must come to, or admit another genieman speaks on this side, pretty the full weight of my authorities: either that nearly all tie time he has the floor. Fifty genthese men violated the Constitution which they tlemen sit letween,, engaged in an earnest collohad sworn to support, knowingly and wilfully, quy as to that the speakers are saying. [Laughor that they, the makers and cotemporaneous ter.] It is to be inferred that we have a fair exponents of the Constitution, did conscientious- opportunty of knowing the opinions of gentlely believe that it gave them this power. Who men. qhat is the way we decide great questions knows so well what'he meant to do, what he here al this time in our present unorganized meant to say, and what he meant to inculcate, conditon. Go into the Supreme Court. Not as the author of the book himself? And if he a whbiper is heard. The court is opened, and be honest, he will always give you the true sits or four hours. You might, at the time 1 meaning. Thus we have this constitutional gos- refe' to, have Argued a question for three weeks, pel delivered to us by no remote posterity, not if,ou had the power to hold out so long, and acquainted with the writers; by no commentator ev.ry judge would have been found listening or historian at all; but by the fathers, the very eery day and every hour and every minute. All men themselves who wrote the book. And we, tie learning of the law, all the history of the of the Republican party, are to be charged with aw, all the logic of the law, is laid before that treason, and with an odious attempt to disrupt court; and the court, accustomed to look into this glorious Union which these very men made the intricacies of the law, will revolve all that for us; we are to be denounced for believin has been brought before them in their minds, these opinions to be right, instead of believig and pronounce what is. and what is not law. the d-ctnrines'of modern' commentators on tvtt They have sober and discreet minds. It is a Constitution, who have found out that the 6n- better court than this. I do not mean to cast thors of it did not know what they meant! any disparagement upon your court, Mr. Clerk. Now we have got through with the legisitive I wish, if it could be so, that from the beginning and executive history of this Constituton of of this session the Journal clerk had every night ours. I was stating yesterday what the Spreme blotted out the record of our proceedings, that Court had done. A friend of mine bs been they night notbe heard ofany more among men. kind enough to furnish me with a speeh made When I entered this Hall a new man the other by a gentleman in th.e Senate, who hacollected day, there was a strange feeling caine upon me 21 that I was not in the Congress of the United' belonging to the United States, which has not, States. -Over the chair where the Speaker pre-'by becoming a State, acquired the means of sided sat, in: the old time, the Muse of History,' self-government, may result necessarily from with her pen. The men who built the first Hall' the facts that it is not within the jurisdiction of the House of Representatives; thought that' of any particular State, and is within the power this grand inquest of this great Republic was to' and jurisdiction of the United States. The make that history which should illustrate our' right to govern may be the inevitable conannals. Clio was there, emblematical of what' sequence: of the right to acquire territory. was to be submitted to the dread tribunal of'Whichever may be the source whence the posterity.'power may be derived, the possession of it is But to the decision of the court. The decision' unquestioned." referred to is to be found in 6 Cranch, page 336. These Republican traitors, these dupes, these There was no dissenting opinion. It was in 1810. insurrectionists, these one hundred and thirteen There was no Democratic party in those days; men who were, as you say, by intendment, at but there wa, a Republican party. This ques- Harper's Ferry with John Brown;' these men tion was not decided the year before a Presi- have committed no sin but that of believing, with dential election. Time is always a circumstance Judge Marshall, and with the Supreme Court up to be looked at in referring to a historical fact. to the year 1828, in the opinions they entertain. There was then a powerful party in this country I shall show, by and by, that the same doctrine called the Republican party, and there was a now held by the Republican party was carried remnant of an old and most respectable party forward by an unbroken current of decisions up called Federalists; and they were discussing to the year 1852. whether we should make war upon England or whether we should make war upon England or Much is said by the present Democratic party upon France. I have always thought they were. pon France. I havse always thou ght they ere just now about the sanctity of constitutional law, not sure whichone of these nations to figt; as delivered to us by the Supreme Court. I reand that they were never sure theyhad hit uponvere that great court, and will abide its decisthe right one; for they had quite equal causes of ions, when made upon any question brought war against both. They recollected La Fayette fairly on the record before them; which, I mainwas with us, and that, I believe, turned the scales tain, was not done, as some suppose, in the faagainst England. Says the court of that day: mous Dred Scott case. Gentlemen on the other "The power of governing and legislating for a side would disregardthe solemn ons othat Territory is the inevitable consequence of the side would disregard the solemn decisions of that' erritory is the inevitable conseqoence of the court for half a century, and cling to an obiter right to acquire and hold territory. Could this dictuIn casually thrown out in a single case reposition be contested the Constitution declares cently. They remind meof a dispute beteen that'Congress shall have power to of cently. They remind me, of a dispute between that' Congress shall have power to dispose of two excellent clergymen. They both regarded and make all needful rules and dis two excellent clergymen. They both regarded'andmak all needful rules and regulations re- the Old and New Testaments very properly as' specting the territory or other property belong- the oracles of God;. but they differed as to their'ing to the United States;' accordingly, we find meaning. "Well, brother." said the old lMethCongress possessing and exercising the absolute odist, "we agree well enough about the olda eti' and undisputed power of governing and legisla- law and the Abrahamic covenant, and the Divine'tiug for the Territory of Orleans." legntion of Moses; but when we come to the Do you not think, Mr. Clerk, that John Mar- Christin dispensation, you will fork off." Our shall was a man whllo knew and understood the Christian dispensation, you will fork off." Our an Democratic brethren here have a strange disposubject then before him? If any question could from us, and run after the be submitted to the mind of that man with which casual remarks of the court-the "obziter dicta " he was more familiar than any other, it was a of the courthto e question arising under the powers of the Govern- ofhile the to express it in judicial phrasemerit as defined in that Constitution. We knowhle they travel on with us in the wellpaved -that the whole court agreed with him in 1810. highway up to 1852. I have shown the legislative history of this Mr. Clerk, I khow that this long, wandering question. Now, it was declared by the Supreme journey among the legislative annals and judicial Court, as early as 1810, that the power-to govern records of the country, is very tedious; but truth the Territories arises under the power to acquire is a jewel of such precious value, that we are territory, or under the clause of the Constitution told we must go to the bottom of a deep well after authorizing Congress to make all needful rules it, if, perchance, we may find it there. I wish to and regulations respecting the territory and other let down my pitcher for another draught of that property of the United States. So much for 1810. sort of water from the well of the Supreme Court. Tow, some years have elapsed. In 1 Peters, page Two decisions of that court we have had already., there is a reference to the same question, Here is the third in the year 1853. We are com-:511i no. w close upon the period of the Democratic arld the law is laid down in the same terms as in irg now close upon the period of the Democratic 1810. In the mean time, says Judge Marshall, Hegira. In 1853, a very few weeks before tho:' Florida continues to be a Territory of the Uni- introduction of the Kansas-Nebraska bill, there ted States, governed by that clause of the Con- was an opinion pronounced by Judge Wayne, at stitution which empowers Congress to make all the December term of that court, in which he needful rules and regulations respecting the tern said:'ritory or other property of the United Statee." "The Territory [speaking of California] had Ie goes on:' been ceded as a conquest, and was to be pre-'"Perhaps the;: power of governing a Territory i' served and.governed as such, until the sove 22 reignty to which it passed [the United States] of the Cabinet when they were brought to Presi-'had legislated for it.", dent Fillmore. I was for their approval. ConHe proceeds: gress had determined the details; it was for the " That sovereignty was, the United States, ln-President to see whether the laws were consti-'der the Constitution, by which power had. been tutional, not whether they were good laws. It'given to Congress'to dispose of and make all is sometimes said that Congress, by the compro-'needful rules and regulations respecting the mises of 1850, renounced its power over the Ter-'territory or other property belonging to the ritories.' United States.'" Mr. McCLEPRNAND. Renounced the policy of Then, I say, from the earliest period of our exercising it. Government down to 1853, everybody-all agree- Mr. CORWIN. I hold that to be a very differing to it; all shades of politics; Congresses of ent question. I suppose that Congress has the every hue of politics; all the courts of the coun- power to declare war against the whole world, try, all over it-regarded the question as clearly although nobody intends to exercise it. What settled, as the Republicans now hold it. I wish I speak of is the law. The gentleman will find, this speech of mine, so far as it goes, imperfect if he looks to the law, that Congress reserved as it is, to be considered as " Corwins Apology this power. Utah and New Mexico were to refor Republicanism." Mr. Barclay wrote " An port their laws to Congress. If Congress disApology for Quakerism," a capital book, with a approved of the laws, they were to be null and good deal of sense in it. My Apology for Re- void. Does that look like surrendering the legispublicanism may not be quite as authoritative. lative power of Congress over the Territories? What I have proved, I think to the satisfaction If Congress had not even expressly reserved the of all, is, that the men who framed the Constitu- power, the acts organizing those Territories, in tion acted upon the power to govern the Territo- view of the previous history of this Territorial ries, believing it to be there; and the- acted question, could not properly receive a different under oath; that the legislative department of construction. But the power was expressly rethe Government always have exercised it up to served, so that there could be no mistake about the year 1854; and that the judicial department it; and every law made by either of those Terof the Government decided the law thus, when- ritories might have been vetoed by Congress. ever the question arose, up to the year 1853. Now, I want to stand upon high authority. I Now, I say to gentlemen upon the other side, if was in Congress during about ten months of that you can put yourself in as good society as this debate. A certain orator, in a place I will not Republican party are in, then I will agree to pay name, for fear I may offend the sensibilities of a visit to you, and perhaps stay all night. some gentlemen here, in speaking of the battle [Laughter.] Until you do, I choose to put up at of Okeechobee, said: the Republican hotel. [Laughter.] I wish to "Gentlemen, I can say, as an ancient Greek compare graveyards, monumints, epitaphs, and' poet said, quorum pars fui. If you have not authorities, with the Democratic party. We Re-' had the advantages of education, (and I dare publicans may possibly be under a great mistake,'say many of you have not,) that means a part upon this subject; but if we are, the most intel-' of whom I was which." [Great laughter.] ligent people, according to your own account of I heard all of that Senatorial debate. I cerit-and I believe it true-have been under the tainly heard all the earnest debate-listened to same mistake from the beginning. it for several months. I heard the subject deSir, I am an old Whig; and the very doctrines bated by the great men of the day-by old men which the Whig party always inculcated upon and by young men too. Webster was there; this subject are the cardinal doctrines of the Clay was there; MIr. Calhoun made a speech Republican party; and the only constitutional upon the subject also. Will you read it now? doctrines they have enunciated were born of a I-Ie scarcely changed his opinions after that. He violation of the same Whig doctrines in 1854. said that this doctrine of the Territories having The Republican party had never had a name, the right to make laws for themselves was aband never had an existence, in that form and that surd. Besides, said he, it is contrary to the name, had it not been for the proceedings of that practice, of the Government from its foundation Congress in 1854. I suppose that every man will down to the present time. I do not say it is abadmit this. And why? Why was that treasonable surd, but I agree with him in the historical factparty, as you now denominate it, brought into that it is contrary to the practices of the Govexistence? Do you suppose that all the people ernment. Some of my friends at the North, and of the North are insane? I would like an inquest some at the West, too, thought that these comof lunacy to try the question, and I would show promise measures of 1850 did abandon the nowhere the insanity is. It was in that year 1854 tion that it was expedient to legislate for the that you proposed to renounce this doctrine of Territories. I have no quarrel to make with the control of Congress over the Territories. It them now on that point. I know how they was then that you determined to depart from treated Webster. I hope God will forgive them that compromise of 1850, to which my friend for that-I cannot. What were the doctrines of from Illinois [Mr. MCCLERNAND] just referred me, Clay and Webster on the subject? They reand with which I was satisfied. Why was I peated them over and over again. Those men satisfied with it? In the first place, when the understood the law of nations. They never had compromise measures of 1850 were passed, I was any dispute about them in the Senate of the not a member of the Senate. I was a member United States. By the law of nations, when one 23 sovereignty cedes a colony or country to-another, adopt it. I do not mean to accuse the Demowith the power of the Government passing with cratic party of any crime, except of being once it, all the,institutions of the ceded territory not in the right, and afterwards pursuing the wrong. incompatible with the fundamental law of the My-colleague from the Dayton district, [Mr. country to which it is ceded remain just as they VALLANDIGHAM,] in a spirit of candor, told us were at the time of the cession, until they are the other day that the Democratic party of Ohio changed by positive legislation. Now, apply that bad been wrong on this question of slavery. I doctrine to Mexico. Not only was there no posi- wish to show that he was right in that declarative law in that territory, when acquired under tion, according to his view of it, and that if he the treaty of Guadalupe Hidalgo, making slavery would just change that word "wrong'" into legal, but there was a positive law against its " right," the Democratic party were right accordexistence. Negro slavery had been abrogated by ing to the doctrines of the fathers of the Gova decree of the Mexican Government, which had ernment; but they wandered away from the innot been altered or changed with regard to any stitutions of Moses, to the worship of Astheroth of the territory which we acquired. What was and other diabolical divinities. I will quote a the effect of that? little of their gospel, from cathedral authority, First, then, that there was no necessity for in the State of Ohio, in the year 1848, whereby prohibiting slavery in those new territories, be- I wish to show to the Democratic party of the cause slavery never could be there until some South, as it is called, how great an act they legislative power, having authority to make the have achieved in having converted the most law, established it. Slavery is the offspring of hardened and abominable sinners who have exlocal, State, or municipal law. The sovereign isted in the world. [Laughter.] legislative power over the Territories being with Democratic gentlemen from the South must Congress, slavery never could be established summon their Christian charity to this work. there by law till Congress had made the law, or They must remember that our Democratic Sauls approved the law of the Territorial Legislature of Tarsus were on the way to Damascus in 1848, establishing it. Here were two reasons. First, bent upon persecuting Democratic Christians in it never could exist without positive law; and the South. You see how they divided the secondly, there was a positive law forbidding it. clothes of the Southern Stephen, and stoned him Such were the views and reasons assigned by to death. You will rejoice, however, to see how the eminent men of whom I speak, for not pro- " a great light shone upon them " in 1854, and hibiting slavery in the territory acquired from how they heard about that time a voice from Mexico by law of Congress. the South, and lo I upon the instant, they donWhen Mlr. Clay rose in his place-whose ma- ned their " sandal shoon and scallop shell," and, jestic form I think I now see before me-and de- with meek submission and pious zeal, they made clared that no power on earth would ever induce their pilgrimage from the icy regions of old conhim to plant slavery anywhere where it did not stitutional faith to the sunny realms of Southern exist; when he said this, prepared to refer all novelties, where, to this day, they remain in his life's history to the tribunal of posterity, and " brotherly love." Miracles had not ceased. knowing that he was soon to appear before Him But who shall say whether these wanderers from who knows' the motives of men, all understood their old homes may not grow weary of their his principles then, and felt their truth and new abodes, and yet turn their faces to Judea, power. Mr. Webster had the same view of the crying, " When I forget thee, O Jerusalem, may question precisely. -He repeated it over and over my right hand forget its cunning I" But let me again, and said he would have put a restriction refer you to their heresies; but be not alarmed, upon the Territory if there had been a legal for they are all safe now: necessity for it. This idea of the Constitution "Resolved, That the people of Ohio now, as introducing slavery everywhere, when not for-' they have always done, looking upon the instibidden by a State Constitution, had not become' tution of slavery as an evil, unfavorable to the fashionable then. That was in 1850, and the' full development of our institutions "Dred Scott decision came after that. These Democratic people have had greatly at Mr. Clerk, I speak of the different departments heart that' development of our institutions." of the Government with perfect respect, but I They were speaking for the people of the State undertake to say that neither Mr. Clay nor Mr. of Ohio-for the Whigs held the same ideas exWebster could ever have been led to believe that actly, with one exception, which I shall state the Supreme Court of the United States would directly — decide that Congress had no power to legislate -" unfavorable to the full development of our inover the subject of slavery in the Territories. I' stitutions; and that, entertaining these sentishall not here discuss' the Dred Scott decision,' ments, they will feel it to be their duty to use atll for I have passed over that already.' the powers consistent with the national compact Now, sir, in the most extreme and warmest'to prevent its increase, to mitigate, [here is the brotherly kindness, I will show a little of the' point on which I differ with them,] antd Sfially antiquities of the Democratic party. [Laughter.]' eradicate it." I shall speak of the Democratic party of the The classical mind of my colleague fiom the North. De mortuis nihilnisi bonneis. [Laughter.] Dayton district suggests to him the etymolociic.,l A celebrated man irin our country has said that meaning of that horrible word [laughter': "eradthat maxim ought to be changed to "de mortuis icate "-not, lop it off, not prevent its gro-irng nihlil nisi verum." I take that proposition and into other fields from those in wvhich it is now 24 planted; but to walk into the South, and take " Bt be it further resolved, That the Democracy slavery there, and grub it up-provided the Con-' of Ohio do, at the same time, fully recognise stitution will allow it. What d6d you charge' the doctrine held by the early fathers of the these SEWARD men with? You say that they Republic, and still maintained by the Demowill a acaccording to the forms of the Constitu-' cratic party in all the States, that to each State tion; that they will get an overruling power in'belongs the right to adopt and modify its own the popular department of thb Government-in'municipal laws; to regulate its own internal this House; that they will get a majority of the' affairs; to hold and maintain an equal and inSenate; that they will have a willing, obedient' dependent sovereignty with each and every Executive in the White House; and then, that' other State; and that upon these rights the Nathey will walk over the Constitution. That is'tional Legislature can neither legislate nor enprecisely what the Democratic party of Ohio pro-' croachW" posed to do. We Whigs never did propose to That is an entirely different thing. What the do that. We never believed that we had any Democratic party proposed to do was to eradibusiness to " eradicate " slavery. We neveri in- cate slavery by. some means or other. The great timated that we could interfere with it in the sin that the Republican party has committed is,. South, or that vwe desired to interfere with it. it holds at this day the doctrine which the DemBut your Democratic brethren, with whom you ocratic party announced in 1848, though it does are now associating so happily, believed that not pretend, and has never pretended, that slaidentical doctrine. You charge Mr. SEWARD with very should be eradicated in the States, otherhaving introduced into the brain-of John Brown wise than by the States themselves. the idea that slavery ought to be uprooted in the I will cheerfully read the resolutions of the States. I suppose he had seen this resolution Ohio Democracy in 1840, to which my colleague passed by the great Democratic party of Ohio in refers. Here they are: 1848. I think he lived in that State. You have Resolved, That, in the opinion of this Conbeen spending days and weeks-seven weeks-' vention, Congress ought not, without the conin proving that John Brown never would have' sent of the people of the District, and of the been at Harper's Ferry; and that Helper never' States of Virginia and MIaryland, to abolish would have written his book-although he wrote' slavery in the District of Columbia; and that it two or three years before Mr. SEWnAR) made'the efforts now making for that purpose, by the remark-ifthey had not heard that'WIrLIAsn' organized societies in the free States, are hosH. SEWARD said there was " an irrepressible con-' tile to the spirit of the Constitution, and deflict" between free labor and slave labor. That' structive to the harmony of the Union. is altogether too philosophical an idea for an "Resolved, That slavery,being a domestic inenthusiast like John Brown to take hold of. He' stitution recognised by the Constitution of the had been reading the Old Testament. He was' United States, we, as citizens of a free State, a member of the old New England school of' have no right to interfere with it; and that the Presbyterians. He believed it was his duty to' organizing of societies and associations in the draw the sword of the Lord and Gideon, and to'free States, in opposition to the institutions of smite the heathen, everywhere he could, with'sister States, while productive of no good, may sword and battle-ax-not with argument. That' be the cause of much mischief; and while such is the way with that set of people. In every' associations,for political purposes, ought to be battle-field of the Revolution, if these Yankee' discountenanced by every lover of peace and regiments were there, and had the slightest'concord, no sound Democrat will have part or chance before the encounter with the British foe,' lot with them. they would kneel down and invoke the aid of "Riesolved, That political Abolitionism is but that God who of old had bared His right arm for' ancient Federalism, under a new guise; and the salvation of his people. -These were the'that the political action of anti-slavery societies kind of men from whom John Brown sprang.'is only a device for the overthrow of DemocWhen he saw the great State of Ohio represent-' racy." ed by the Democratic party; and heard them say Now, MIr. Clerk, it becomes me, of course, to that slavery was an enormous evil — an evil make some remarks. They had abolition sociewhich prevented the development of the glorious ties springing up in those days, and at that time institutions for which his fathers had fought, it was doubtful with which party these Aboliwhat would be his reflection? "What is to be tionists would vote. They put up a separate done to eradicate this institution?" He would ticket, and, it was this very ticket that elected a say: "I will strike at this unholy thing that im- President of the United States in 1844, and' pedes the onward march of this Government changed the history and destiny of this Republic.'to that consummation which shall give freedom Gentlemen remind me that Governor Chase, of'to all men! " Ohio, is a good Republican now, and a member Mr. VALLANDIGHAM. The other part of the of the Republican party, and was a member of resolution has not been read. As there are some the Liberty party in i1844. I believe all this is peculiar beauties in it, illustrative of the first true. Governor Chase's principles are now well part, I regret that my distinguished colleague known. He is aRepublican now nothing more. has been so unfortunate as not to have it in his All men who believe, as the Abolitionists say possession. they believe, that slavery is such an inherent Mlr. CORWIN. That is the whole of one reso- wrong that the Constitution and laws can give lution. The next resolution reads: it no validity, will go with the lepublican party 25 for restricting it in any place where it does not A very curious question is this thing of life, exist, though it is now a fact that Abolition- and what a man may do in a lifetime. In 1848, ists, as a party, will have no affiliation with the Democratic party, with their eyeballs bloodthe Republicans. While, at the same time, this shot, and the perspiration dropping off their Abolition Society, which always was opposed to noses, like one of our sugar-trees in February, the Whig party, because they did not go far upon the south side of a hill, [loud laughter,j enough upon this subject, defeated Henry Clay, with their resolution in one liand, and the torch the great Whig champion, -made Mr. Polk Presi- of abolition philosophy in the other, marched dent, acquired territory, and brought upon you through the country, proclaiming universal libthe very questions which are now before you. erty, and the final advent of that day when What I mean to say, sir, is, that in 1848 the slavery should be no longer recognised in the Northern Democratic party held these doctrines, land. That is what they did in eight short going further than the Whig party of that day, years —between 1848 and 1856. That is but a reaching out their arms further to get hold of short time in the annals of this country. Supslavery in the States-for I conceive their action pose any man had been gifted as it is supposed means nothing else-in some form, by public the Wandering Jew was; suppose Adam had opinion, or in some other way, to restrict it, and been cursed with a continued existence up to finally to eradicate it. Well, they went on their this day, and had started off with this doctrine way rejoicing. But in 1848, it may be remem- in the beginfling, and had changed every eight bered, the Democratic party was carried captive years, how many times would he have changed? to Babylon; Zachary Taylor was elected Presi- [Laughter.] Threescore and ten years seem to dent, and he was a Whig. The Democracy hung be the allotted period of man in this age of the their harps upon the willows, by the streams of world; and in that time he might change seven Babylon, and lifted up their. voices and wept, or eight times. Now, my Republican friends, do [laughter,] and mourned over the slain of the not be discouraged. My Democratic friends upon daughters of their people. What then happened? the other side of the House, do not let me make Why, we maintained the doctrine that you may.you unhappy. This is the year before the Presirestrict slavery; we stood with the fathers, the dential election. Do not flatter yourselves that courts, the Congresses, and the Presidents, in an your Church. is well founded, and that you can unbroken and unobstructed current of authority, go through another Presidential election as you up to the year 1852. The Democrats of the North went through the -last. Besides, man is given woke up suddenly, and said that slavery was a to change; mutability is stamped on all things. very good thing-that it helped to develop the " Man is of few days and full of sorrow." [laughresources of the country, and improved it. ter,] "he cometh forth like a flower, is cut down, I only want to show that the Republicans can- and fleeth away'like a shadow" —every eight not be converted as quickly as the Democrats. years. [Roars of laughter.] I only want to show that we are somewhat ob- In 1850 the present fugitive slave law was stinate in our old opinions, and that when we passed. Now, it is always necessary, in order to go back, and get into the assemblies of the understand the gyrations of political parties, to Fathers-old men whose garments were yet wet know what happened accidentally or incidentally with the waters of the Red Sea through which about a particular time. A gentleman, who had they had passed for our deliverance-we'find been judge of our Supreme Court of Ohio, was a that they held the Republican doctrines with re- Democratic candidate: for Governor of Ohio in spect to the Territories. We cannot account for 1852. Mr. Fillmore was then President, and his the sudden conversion of our Democratic breth- was called a Whig Administration. The extreme ren of the North. I hope they are happy in their anti-slavery people of the State of Ohio did not new faith. I want all men to be happy, all peo- like him. They abhorred him. Mr. Fillmore ple to be happy-men, women, and children. I was President at the time of the passage of these see that, they are happy. For instance, if the compromise measures. What had the Demogentleman from Georgia [Mr. CRAWFORD] were cratic party to complain of in them? Nothing. to get into a loving mood with the Democracy The fugitive slave law had been passed, and Mr. of the North, he might murmur in the ear of my Fillmore had given it his approval. Judge Wood, colleague [Mr. VALLANDIGHAM] a verse from the the candidate of the Democratic party, which had elegies of Shenstone: a great majority in Ohio, was elected Governor " Dear region of silence and shade," of the State, and in his message to the Legislain reference to the Democratic party, [laughter;] ture he said: and then Mr. VALLANDIGHAM, in his softest notes " While public opinion may be divided, perof affection, would take up the strain-' haps, on the law, [the fugitive slave bill,] there'; Soft scenes of contentmlent and ease,'is, nevertheless, another matter in close conWhere I have so happily strayed,' nection with it, on which it is believed the Since naught in thy absence could please."' sentiments of' the people are entirely united. Now, it is pleasant to see them thus dwelling' The area of slavery must never be extended in together'; for it is impossible for such a man as' this Government while the voice, the united I am, much as I am opposed to their doctrines,' voice, and action of Ohio, in any constitutional to fail to sympathize with men, when I see they' form, can stay it. Here, with propriety, we may are perfectly happy. Long may they live; long' take our stand. Thus far, proud wave, shalt may they live; for if they were to die suddenly,' thou advance, but no further shilt.t6hou come." they might die in their sins. [Great laughter.] tWhat did that mean? You slhall lnever'have 26 another slave State in the Union. You shall Parties have so divided the people of the counnever establish slavery in another Territory of try, that they have begun to consider themselves the United States. The political voice of the enemies; and we, instead of considering ourDemocratic party of Ohio had spoken in that selves the "conscript" fathers" of the people, language in 1848. In 1852, the embodiment of bound to consider the interests, not of one State, It in the gubernatorial office of that State pro- but of all the States, have commenced to regard claimed the sentiments that I have' read. I do ourselves as the diplomatic Representatives of not say now that Governor Wood was wrong, or particular sections of the country. I hold that that the Democratic party was wrong; but I only every man on this floor is the Representative of say that mutability is stamped on all human every man, woman, and child, in the Republic; things. and every act which he does, in a national asNow, I ask, how can the Democratic people of pect, must operate for good or for evil on all. I the North sit still and hear the Republican party hold that a man who acts for his section, and denounced as disorganizers and disunionists, not for the Union, does not comprehend the and as disloyal to the Constitution,' as they are great duty that he is sent here to discharge. denounced every hour and every day? The ac- Our fathers intended that Representatives should cusing eloquence of these Southern men has been be elected by'districts, because then they would brought in full volume of rich rhetoric, and be well known to the electors; but they meant launched on the heads of the Republican party, that when here, and after they had taken the while, as I have shown, they have only followed oath, they should be just as much the Reprein the footsteps of the Ncrthern Democrats. The sentatives of every district in the United States only difference is, that, as we think we have de- as of the dlistrict that sent them. That is my rived our principles from the: founders of the conception' of our duty. That, I know, was the Republic, and as our doctrines are sanctified by idea of the fathers who made the Republic, and executive and judicial and legislative approba- formed the House as it is now formed. tion, we choose rather to follow these old prin- Suppose us assembled together, Mr. Clerk, ciples than to take up with new-fangled doc- with these feelings, ahd called on to legislate fer trines. Can you not forgive us for that?: If we, the Territories that belong to us all-that'were be mistaken, can you not suppose that, at least, won by the common blood and common treasure we think we are doing right? Do you suppose of all; what would we then say? We would we ever intend to go into your States, and inter- say this: "There are certain portions of our fere with you there? There is not a man of you' children in the South who have property which who can delude himself into the belief that we'will not prove of any worth to them in the cold have any idea of subverting this glorious Union,'latitudes of this Territory. They cannot go which we worship so much that we believe every'there. There are certain other children of this word and every syllable of the fathers' sayings.' family of ours-poor people, as we call them, Now, I wish to announce that the day has gone' meaning those who must work for their livingby that these things will be heard without re- and I hope that men will always be compelled ts sponse. This question shall be tried here, if we' work in some way, with the head or hand, for can ever organize. Then it shall be brought to' an honest living-and here is the territory the standard of constitutional law, on canons of' lying beyond the Mississippi, called Kansas and construction that have been admitted ever since' Nebraska, for which Congress has power to the intellect of man operated on the-construction' make all needful rules and regulations; let of language; and we will try conclusions with'them go there." In the Territories are emithe gentlemen of the South. Moreover, if you grants'from the State of Georgia, from Virginia, announce, as you have done, that this Union shall from all the States of the East and the West. be dissolved, that this constitutional Confeder- Your own constituents are the relations and acy of ours shall be broken up, because the people dear friends of these people. So are mine. of the North choose to elect a President-a man They are unacquainted with each other; a whom you do not like-we shall see where the heterogeneous people, not yet homogeneous treason really lies. enough to make their own laws in harmony. That is my view of the subject. I think I am When we prohibit slavery in a Territory, we the most placable man that was ever born of allow men from all the States to go there with woman. I am prepared to enter, into this con- the same rights exactly. While a man from a troversy with gentlemen like brethren-to con- slave State may not take a slave into the Territrovert these matters as statesmen, if we can tory and hold him in slavery, neither can one of elevate ourselves to that position, and submit to my children in Ohio purchase a negro in Kena.cndid world to decide who is right.. If the tucky and take him there, and hold him as a world decide against us, depend upon it that-we slave. Is not that equally just to all? I know,shall believe we have misapprehended the pub- that you say every one should go there with his lic opinion of the country, and shall submit to property, of whatever kind; but I say that this whatever award that public opinion may make. law of inhibiting slavery is equal and just to That, in this country, is the final arbiter of all men of every section. Everybody may go there controversies of this kind, and must be obeyed. with the same sort of property. We make no In the mean time, I warn Democratic gentlemen distinction between any. If it be a Territory in to remember that a doctrine is now coming up which slave labor is unprofitable, you ought to from the Soutth, that the inhabitants of a Terri- be rebuked, from the mere motive of economy. tory have no power to prohibit slavery therein. Let us look at it as a mere question of economy. 27 The whole country belongs to us, and you are soon; but whenever you do get it, if you ever our children. We are to divide it among you. should, slavery will be there; and the Spanish Suppose you have one son who can work illn a Government, when it cedes that island, will say warm climate, and another who can work in a that you shall take the people, with all their cold climate. In dividing your estate between rights of property. That is sure to be done, if them, you give to each that portion of it which the time ever arrives when you are to acquire suits his wants in that respect. You have one Cuba. So if you acquire territory where white a mechanic; you do not give him a farm, and men cannot work. There are such countries;- I set him to work as a farmer. Neither should have been told so by the best physicians I ever you take the negro to work where his labor knew. What do you want with such territory, would be unprofitable. unless you have slaves, if it be true that free Mr. REAGAN. I understand the gentleman negroes will not work without coercion? If I is now speaking for the Republican party. were the father of all the world, and I had some Sir. CO(RWIN. No, sir; I am speaking for a children who could work in cold and temperate leader of that party. [Laughter.] climates, I would send them there to work; and Mr. REAGAN. Then I ask the gentleman for if I had other children who could work only in himself, and not for the Republican party, if he the warmer portions of the globe, I would send recognises the right of people owning slaves to them there; and if they would not go, I would go into a Territory in a Southern latitude, and make them. I am not speaking of constitutional occupy that Territory with their slaves with the law. I look at society as it is. What will you protection of the Government? do with the men who Will not work, and will Mr. CORWIN. I will speak for myself. If eat? I know what we do with them in Ohio. you acquire territory by treaty, and the people We send them to the poor-house, and make them in it hold slaves, I would not, against their will, work. Some, for reasons known to the law, are interfere with slavery there. I would act, in that sent to the penitentiary, where they are deprived particular, just as the Congresses of 1798 and of their inalienable right to liberty. That is a 1804 acted in relation to Mississippi and Orleans question we cannot discuss here. I state it for Territories. If slavery were there, I would not the benefit of weak brothers, who never think disturb it. I would not interfere with the rights about the matter. [Laughter.] If my white son of property against the will of the people; and would not work in the proper place for him, I if you get territory where the vwhite man cannot would punish him; and if I had a black man, work, I would permit people of the States to send who, like the anaconda, fattened upon malaria, their slaves there; and when there, certainly, I and only lived well in a rice swamp, there I would protect them, if protection were wanted. I would make him go. agree with the gentlemen of the extreme South in I know that I have no right to do anything of one point: whenever you can show me that, under that kind. The moral right, according to our the laws and Constitution of the United States, conceptions of God's will, meets with a different (as you phrase it, under the Constitution,) slavery interpretation in the different countries of the is lawfully in a Territory, I hold it to be a duty world. One of the most honest, upright men of to make laws to protect property lawfully held all the Roman Emperors I ever read of —I mean anywhere, if such laws be necessary for its pro- Vespasian-took thirty thousand Jewish prisontection; but remember, I do not believe that the ers when he went to conquer Judea. He pledged Constitution takes slavery into Territories, or the honor of a Roman general, that, if these men anywhere else. Slavery is the creature of'local, surrendered, they should receive quarter and be municipal law. Whenever you acquire a terri- treated as prisoners of war. When he came to tory where slavery exists, if you have a treaty. hold a council of war as to what disposition sanctioned by two-thirds of the Senate of the should be made of them, every officer was for United States, you are just as sure of slavery as killing them. They said, iIf the Emperor trust we are sure of what we call " freedom" in Ohio. them upon parole of honor, there is no faith in I dare say that some of my tender-footed breth- the Jews, and to-morrow they will be killing us." ren on the Republican side' of the House wince a The question put was like the celebrated speech little at that, but I act upon possibilities and of a Scotch colonel, in the army of Gustavus upon probabilities. Adolphus. The commander-in-chief, before a And there is another thing which you do, certain engagement, ordered that each one of his which is totally at war with one of the funda- colonels should make a speech at the head of his mental maxims of our Government. You begin regiment. The old Scotchman, who had never by sending forth to the world the very doctrines done anything in his life but cleave skulls, said: of Rousseau's social compact-that Government " M y lads, ye see those fellows in black. Well, claims it3 rightful authority from the consent ifye dinna kill them, they maun kill you." That of the people governed. Aud then you conquer was a difficult question to be decided by Vespaa country, and a part is'ceded to you, but no sian's council of war. How wasit compromised? consent of the people thus ceded is ever asked. The honor of a Roman general was pledged. You seize, them and govern them, whether they (So is mine. I am sworn to obey the Constituconsent or not. You did not ask the people of tion and the laws of the country.) It was agreed California or New Mexico whether they were that one portion of the prisoners should be spared willing to be American citizens. You took the and treated as prisoners of war, that another treaty, and you took the lands and the people. should be sold into slavery, and the remainder So when you get Cuba —which you will not get put to death.'Alas I for poor human nature. 28 We will always kill a man when we know he is ends and purposes of Him- who sits enthroned in going to kill us. It seems, then, that having no the circle of the heavens will be accomplished such power as I have stated, nations, like fami- by some agency to us as yet unknown. lies, must let each other alone. That wonderful man, Cyrus, did not know that The slave trade, as I have said already, was he was executing the commands of God, when he an abomination from the beginning. It was invaded Babylon, as it had been foretold. So it wrong in the beginning. Year after year I may be that you, who so much admire the instihave listened to talk, on one side and on the tution of slavery-and I do not mean to discuss other, about this question of negro slavery. I its merits here —like Cyrus, may be the chosen was a delegate to the Colonization Society, which instruments, even against your owvn wishes, to met at the Smithsonian Institution. I thought work out the purposes of Almighty God. When I would go there, and see whether I could hear your negroes shall have reached the point of a solution of this question. One of the most civilization which will fitthem to enjoy that poreloquent and learned men I have listened to for tion of liberty which a rational Government a long time, made an address. He was one of may give them, then they will no longer be your those divines who, I know, will preach what he slaves. They will then stay and work with you believes. He said that the. finger of God was for moderate wages, cheaper than the white man plainly to be seen in the slave trade. In old can, or they will go abroad, such of them as times, Governor Oglethorpe endeavored to keep choose to go, on the great errand of the great slavery out:of Georgia, as every man knows who Master of us all, to carry the light of His Gospel has read the history of that State. It was brought to a benighted people. I think that looks planthere, and he could not keep it out. Whitfield, sible enough. Nothing in this debate has given that eminent divine, was there. He told Ogle- me so much pleasure as listening to the gentlethorpe to let slavery alone, for the hand of the man from Louisiana, [Mr. DtVIDSON,] when he Almighty was in it. He said, "we have been told us upon this side of the House, that the Gos-'trying to Christianize the m orld; we are at it pel is preached upon his plantation in Louisiana,'now; and what progress have our missionaries just as it is preached in the churches in the' made? Very little, or none. Let the poor negro North. And so Southern members assure me'be brought into this country, and whether his it is everywhere in the South. When the master' master likes it or not, he will imbibe some idea conducts himself in that way to his poor, igno-'of the morals of Christianity, and in due time rant slave, he will be enlightened.' the right missionaries will be those of the black If it be possible for the black man-and that'race, to return among their own color. Thus, is a question upon which I am no philosopher-'that wicked man who sold this people into sla- to rise by slow and gradual degrees to that in-'very, in the hands of Heaven will have proved tellectual and moral eminence which shall qual-'the instrument of bringing them to Christianity ify him for another state than that which he now' and civilization." occupies, depend upon it, masters, when the time If the finger of God be in slavery, let the comes, will be willing to assent to the change Southern man take care how he treats these mis- of his condition. So I think slavery, so I think sionaries, these instruments of Heaven for the history, teaches us. But in the mean time Iadgreat work of Christianizing the heathen African. mit that there are a great many evils connected Keep them in slavery if you will; but, as that with the system. Whitfield said, you cannot take a negro and keep I assure gentlemen of the South that that kind him ten years in this country, without his becom- of discipline which our education and mode of ing a more enlightened man than when he left the life at the North give us does not allow us to be shores of Africa. Take care that you give him quite so free in the indulgence of these fits of ill freely that light. The present generation of ne- temper which come upon us at times, whether in groes, sprung from those brought here a.century the North or South, or in the expression which ago, will, I believe, compare favorably with the may be given in words to that frailty. You are most intelligent of their own countrymen in good and honorable gentlemen, but you make Africa. Let us, then, not.despair of the ultimate entirely too much noise for our Northern tastes, fortunes of the negro races. We hear of what [laughter,] and you are "too sudden and quick is doing in Liberia. I must remind my boastful in quarrel." But do not misunderstand the peowhite brethren here, that the history of the legis- ple of the North. Their education and training lation in that black colony would warrant any teach them to govern their passions. That is one in the conclusion that our colored brethren just the difference between us. But when the there would have organized their Congress with quarrel does come, which to tham appears just, more temperate judgment, and in much shorter why, then I will not enter into recognizance that time, than we have consumed in our efforts, which, they will keep the peace. I have seen it tried up to this time, seem to promise no very speedy before now. result. [Laughter.] Why, then, shall we not have harmony? 1' Who knows, sir, but that slavery may accom- assert here-and I care not for anybody's critiplish the great work of Christianizing and civili- cism-that this slavery question would not exzing the African race? May we not hope, that ist two hours in this House, if you passed a resowhile these people are content, even in slavery, to lution not to acquire any more territory for ten advance in civilization in this country, and to years. If it could be that there should not be develop the resources of countries which it is said another Presidential election for ten years, that can be developed by slave labor alone, the great of itself would bring peace. The cause of dis 29 content and strife, in a great measure, is, that a white man can live and work, the Yankees will we must have a Presidential election in a few go there too. Wherever clocks can be used or months. You do not want any more slave ter- sold, there they will be. If they come to learn ritory. How will you fill up Texas, which has that it is the law of the Republic that the status been generously devoted for all the surplus slaves of the country is fixed forever by the first inhabfor fifty years? Do you expect to find a milder itants, instead of settling that status here, among climate or a better latitude? You quarrel with men who are responsible to the country and to the people of the North about the settlement of history, they will settle the question as they did Kansas. There are four States for you to fill, in Kansas. They will always beat you, if you where you can go unquestioned. Go first and open the question in that way. Let this calm, bring into cultivation those fertile lands yet un- deliberate, legislative assembly of gentlemen, occupied, before you think of another expansionof who legislate for the whole Union of thirty nilterritory. You will not go there, but stand here lions of people-let them determine whether it quarrelling with us, Northern Republicans, be- is better that slavery should go there or not; let cause you cannot get more territory. If you had that question come here, where we look at this more territory, you could not settle it, because great country, and all the Territories we have, you have not the slave labor. and all we may ever acquire, as common p atriA gentleman upon the other side of the House mony,. alike of all the States, and all the people called out to us the other day: " Disband your we represent. Republican party; disband it; you threaten the The population which usually goes into new peace of the Union." Sir, I am not afraid of this Territories is generally led by an eager and someUnion. I see plainly enough that I can save it times wild spirit of adventure. The people will in the last extremity, just by letting a Democrat keep out the negro, because they have no nebe elected President. [Great laughter.] Ever groes of their own, no slaves of their own. I since I found that out, I have cared little what care not whether the Territory be at the north you say about danger to the Union. The gen- pole or near the equator, they will go there, and tleman from Mississippi [Mr. BARKiSDALE] de- will keep your negroes out, if you allow them to clared, also, that his State would go right off out determine whether slavery shall be there or not. of the Union, in the event of the electiqn of Mr. I should think that any man who has looked at SEWARD. The people of the State of Mississippi the history of Kansas for the last three years, may walk out, but the State never will. Why, with reference to this matter, will not doubt my sir, I have heard of this thing ever since I have conclusions. In consequence of Congress giving heard anything in public affairs. In 1833, South up this great conservative power to make laws Carolina was determined to go out of the Union, for an uncongenial, heterogeneous people, civil because of what she deemed an excessive duty war raged for three years over the beautiful on foreign goods. Pennsylvania was going out plains of Kansas, where there should have been because we taxed her whisky in 1794; and Mas- nothing heard but the jocund whistle of the sachusetts thought the Union was endangered plowman driving his team to the field, and when Louisiana was purchased. Each and all where nothing else or worse would have been of these States yet remain, and are, I trust, loyal heard, if Congress had only made laws to govto the Union. I have lived through three disso- ern that Territory,-and sent its Governor, and, lutions of the Union myself, [great laughter,] if necessary, troops, to execute the law. You and the Union is stronger to-day than when its made an experiment there, and you know the dissolution was first threatened-stronger than result. it was in the beginning. The State of Missis- What have you in another Territory now? sippi is a glorious little State, covered all over You say you cannot make laws for Utah. You with cotton; and, in my judgment, she will be have denied the power of Congress to nrake laws " cotton to" the Union to the last. [Laughter.] for the Territories. What is Utah? A blot on All these planets which revolve around this great the fair pages of your history, which all the constitutional centre, whence truth, light, polit- waters of Lethe can never wash out-a foul, inical knowledge radiate, may threaten to fly off cestuous den of miserable adulterers and murderoccasionally. Mississippi may seem to fly off in ers-a disgrace to a civilized and Chistian counsome eccentric orbit, but she will soon return to try. That is what comes of this glorious new her proper perihelion. I do not say howr she doctrine which you have propagated on all sides. will do it, but she certainly will do it of her own That comes of your parting with the wise usages accord. Let us then hear no more of this angry and the wise institutions of your fathers; and so talk about disunion; but, like men, like breth- it will ever be, the moment you abandon those ten, as we are, work earnestly and happily to- well-established, constitutional, rules fixed by gether for the common good of all. the founders of the Republic. You have abanAs to this question of Territorial legislation, doned the great highways of the past-the good touching slavery in the Territories, let gentlemen macadamized roads made fbor you-every milepause upon that, and consider before they rush stone of which was red with revolutionary blood; to conclusions. I tell gentlemen of the South- you have strayed away from them, and wandered and the day will come when they will remember after wills-o'-the-wisp into swamps and by-paths. my advice-not to trust Northern people to make All that the Republican party wish to do, is to laws of their own in the Territories for the exclu- stand up and call you back as a mother calls to sion or protection of slavery. I do not care where her lost child, and put you on the safe old road you go, in any latitute under the heavens where again. They call upon you to come out of the 30 wilderness; to quit the shedding of each others' not care for any party. [Great laughter.] Why blood in firatricidal war for the right to have this not elect him? or that law; to let the Congress of the United AIr. Clerk, I believe that I am abusing my States, who represent the fathers, the brothers, privileges here. [Cries of " Go on I'] the sisters, of the peaceful emigrants who have I hope the observations which I have made, gone into the Territories, consider what is best Mr. Clerk, forced from me without any of that for their children and friends. But abandon, as preparation which is usual, may not be entirely you have abandoned, the institutions of your worthless. Whether we consider this ever-recurFathers, and there will be neither peace nor ring question of slavery as resting within our progress in the Territories. There will be strife unrestricted discretion, or whether we regard it here, and civil war there, and wild confusion will as fixed and limited by constitutional law-in reign supreme. either aspect, with good sense, guided by true The wise prophet of Israel, after he came down patriotism-there is nothing to be feared. The from the mountain with the law in his hand, and way through the future is, in my judgment, open, found his brother Aaron worshipping a golden clear, and plain. We cannot be so weak as to calf which he had made, was so angry that he give way to childish fears, or sink into lethargy threw down the tables of the law, and broke and despair. On the contrary, let us " gird up them. He determined that that wicked people our loins " to the work before us; for upon us should never have an opportunity of worshipping this duty is devolved. We cannot escape from any more golden calves: he made all the women it, if we would. Let us, above all, preserve our bring in their trinkets and golden ornaments, Constitution inviolate, and the Union which it and melted them down in one mass. Let us, created unbroken. By the lights they give us, in the same spirit, bring in these miserable idols with the aids of an enlightened religion, and of ours; sacrifice them on the common altar of an ever-improving Christian philosophy, let us our country; shake hands, forget, and forgive. march onward and onward in the great highAnd now, before I sit down, let me ask again, way of social progress. Let us always keep are the destinies of this mighty Republic to turn in the advancing car of that progress- our on the publication of a pamphlet? You know book of Constitutions. and our Bible. Like the that the gentleman whom we have nominated Jews of old, let the ark of the covenant be adwill make ajust and impartial Speaker. Con- vanced to the front in our march. With these cede that bfor once. Concede that we will have to guide us, I feel the proud assurance that our to elect by a plurality. I think thqat, if we could, free principles will take their way through all we ought to elect by a majority. There is some- coming time; and before them I do believe that thing symmetrical in it. You say, he should be the cloven-footed altars of oppression, all over elected by a majority, because, in the happening the world, will fall down, as Dagon of old fell of two or three very remote contingencies, he down, and was shivered to pieces in the presence may become President of the United States. of the ark of the living God. But, as I said yesterday, no President or Vice But if we halt in this great exodus of the naPresident will ever be found, bot-h- amiable tions; if we are broken into inconsiderablefragenough to die and let the Speaker take that ments, and ultimately dispersed, through our place. We will not consider that contingency. follies of this day, what imagination can compass If we cannot agree upon one man, is it possible, the frightful enormity of our crime! What would in the name of the American people, that we the world say of this unpardonable sin? Rather cannot find some man in this Congress who is than this, we should pray the kind Father of all, fit to preside over this House? even His wicked children, to visit us with the It has been stated that I said that I would last and.worst of all the afflictions that fallon sin vote for'Mr. SHERMAN till the last trump should and sinful man. Better for us would it be that sound. A better man than I am changed his the fruitful earth should hbe smitten for a season mind. David, King of Israel, repented of what with barrenness, and become dry dust, and rehe said, when he remarked, "I have said, in my fuse its annual fruits; better that the heavens haste, that all men are liars." I concede that for a time should become brass, and the ear of fact, when I state now that I am willing to vote God deaf to our prayers; better that Famine, for any one almost who can be elected. If this with her cold and skinny fingers, should lay hold protracted coitest mean anything, we cannot upon the throats of our wives and children; elect a Republican; we cannot elect a Lecompton better that God should commission the Angel of Democrat; we cannot elect an anti-Lecompton Destruction to go forth over the land, scattering Democrat; and though there may be as many pestilence and death from his dusky wing, than shades of party as Jacob had stripes in his cat- that we should prove faithless to our trust, and tle-I do not know how many-it seems that we by that means our light should be quenched, our cannot elect any one of them. I know of but liberties destroyed, and all our bright hopes die one man in this House who does not belong to out in that night which knows no coning dawn. any party, and I have thought that perhaps we Note.-This pamphlet edition of Wir. CORWIN's specAh is might unite upon him. The gentleman from published by a committee, who, with a view to put it in the New York [Mr. HORACE F. CLARK] belongs to no most compact form, have omitted all of the Globe's report party; he will not act with any party; does not which it was possible to omit. Hence the most of the colloquies with gentlemen who interrupted Mr. CoawLx, in the love any party; does not hate any party; does course of his remarks, are excluded. WASHINGTON, D. C. BUELL & BLANCHARD, PRINTERS. Stereotyped by BElanchard's Process, Patented February 22, 1859. C. W. MURRAY, STEREOTYPER.!8C(0. PRESIDENTIAL CAMPAIGN OF 1860. REPUBLICAN ErXEJUTIVE CONGRESSIONAL COMMITTEE. RION. PRESTON KING, N. Y., Chairman. j HON. JOHN COVODE, PENN., Treasurer. J. W. GRIMES, IOWA. " E. G. SPAULDING, N. Y. " L. F. S. FOSTER, CONN. " J. B. ALLEY, MASS. On the art of the Senate " DAVID KILGORE, INDIANA. On t of the Senate. j " J.L. N. STRATTON, N.J. E. B. WASHBURNE, ILLINOIS. l On the part of the hIouse of Reps. The Committee are prepared to furnish the following speeches: EIGHT PAGES. Hon. H. Wilson, Mas.b: eWiritorial Slave Codes. Hon. W. H. Seward, N. Y.: State of the Country. " John P. Hale, N. H. " W. H. Seward, N. Y.: Rochester Speech. | " Abraham Lincoln, Ill.: The Demands of " G. A. Grow, Penn.: Free Homes for Free the South-The Republican Party VinMen. dicated. James Harlan, Iowa: Shall the Territories Carl Schurz, Wis.: Douglas and Popular Soverbe Africanized? eignty. " John Hickman, Penn.: Whohave Violated Compromises. 2 0TWENTY-FOUR PAGES. "L B. F. Wade, Ohio: Invasion of Harper's Hon. Jacob Collamer, Vermont. Ferry. THIRTY-TWO PAGES. " G. W. Scranton and J. H. Campbell, Penn.: Hon. Thomas Corwin, of Ohio. The Speakership. F. P. Blair, Mo., Address at Cincinnati:ERIAN. Colonization and Commerce.' Orris S. Ferry, Conn. EIGHT PAGES. " William Windom, Minn.: The Homestead Hon. G. A. Grow, Penn.': Free Homes for Free Bill-Its Friends and its Foes. Men. Lands for the Landless-A Tract. " James Harlan, Iowa: Shall the Territorit SIXTEEN PAGES. be Africalnized? " John Hickman, Penn.: Who Have Violated, Hon. Lyman Trumbull, Ill.: Seizure of the Ar- Co mpromises.[ Compromises. senals at Harper's Ferry, Va. and Liberty, Carl Schurz, Wis.: Douglas and Popular Sovev Mo., and in Vindication of the Republi- eiguty. can Party. B. F. Wade, Ohio: Property in the Terri- SIXTEEN PAGES. tories. Hon. Lyman Trumbull, Ill.: Seizure of the Arse"C. H.EI Van WVyck, N. Y.: True Democracy — nals at Harper's Ferry, Va. and Liberty, History Vindicated. Mo., and in Vindication of the Republi" J. J. Perry, Me.: "Posting the Books be- can Party. tween the North and the South." " W. II. Seward, N. Y.: The State of the " J. R. Doolittle, Wis.: The Calhoun Revo- Country. lution-Its Basis and its Progress. Lands for the Landless-A Tract. During the Presidential Campaign, Speeches and Documents will be supplied at the folloving reduced prices; Eight pages, per hundred, copies free of postage, - - - - - $0.50 Sixteen " " 1.00 Twenty-four " " " 1.50 Address either of the above Committee. GEORGE HARRINGTON, Secretary