Page images
PDF
EPUB

absolutely decisive of the whole subject. The proposition to organize Nebraska Territory is not a new one. The chairman of the Committee on Territories nas had it in view for several years-as far back, I believe, as 1844 or 1845. It is so stated in Mr. Hickey's valuable edition of the Constitution. Whether it was actually before the Senate in 1850 I know not; but it was certainly in the mind of the Senator from Illinois. Now, sir, during the pendency of these compromise measure, while the Utah and the New Mexico bills were in progress through the two Houses of Congress, if they carried with them a principle or rule which was to extend itself over all other Territories, how can we explain the fact, that there is not the slightest allusion in those bills to the Territory of Nebraska, which the vigilant Senator must have had so strongly on his mind? Is it not a political impossibility, that if it was conceived at that time, that measures were going through the two Houses which were to give a perpetual law to territorial organization, the Nebraska bill would not then have been brought forward, and in some way or other made to enjoy the benefit of it, if benat it be? But not a word to this effect was intimated shat I know of. It was entirely ignored, so far as I am aware; or, at any rate, no attempt was made at that time to pass a Nebraska bill, containing the provisions of the Utah and New Mexico bills.

was in great danger, and that the adoption of the compromise measures of 1850 contributed materially to avert that danger; and therefore, sir, I say, as well out of respect to the memory of the great men who were the authors of them, as to the healing effect of the measures themselves, I would adhere to them. They are not perfect. I suppose that nobody, either North or South, thinks them perfect. They contain some provisions not satisfactory to the South, and other provisions contrary to the public sentiment of the North; but I believed at the time they were the wisest, the best, the most effective measures which, under the circumstances, could be adopted. But you do not strengthen them, you do not show your respect for them, by giving them an application which they were never intended to bear. Before I take my seat, sir, I will say a few words in a desultory manner upon one or two other statements which were made by the chairman of the Committee on Territories. He said, if I understood him, that the North set the first example of making a breach in the Missouri compromise; and I find out of doors that considerable importance is attached to this idea, that the nullification or repeal of the Missouri compromise at this time is but a just retort upon the North for having, on some former occasion, set the example of violating it. I do think that this is correctly stated. The reference is to the legislaThe compromise measures were the work of the tion of 1848, when the non-slaveholding States reThirty-First Congress, and at the Thirty-Second fused to extend the line of 36 deg. 30 min. to the Congress a Nebraska bill was brought in by a mem- Pacific Ocean, which was done, the Senator said, ber from the State of Missouri, in the other House. under the influence of "northern votes with freeIt passed that body by a majority of more than two to soil proclivities," or some expression of that kind. I It was contested on the ground of injustice to do not think the Senator shows his usual justice, perthe Indians; but, as far as I know-I speak again haps, I may say, not his usual candor, on this occaunder correction-I have not had time to read all sion. That took place two years before the comprothese voluminous debates-nothing, or next to noth-mise of 1850, and that compromise has been commoning was said on the subject of slavery. At any rate there was no attempt made to incorporate the provisions of the present bill on the subject of slavery. It came up here, and was adopted by, and reported from, the Committee on Territories, and brought up in the Senate towards the close of the last session, and on that occasion contested on the same ground; and no attempt was made, or a word said, in reference to these provisions on the subject of slavery. If at that time the understanding was, that you were enacting a principle or a precedent, or anything that would carry with it a rule governing this case, is it possible that no allusion should have been made to it on that occasion?

one.

I conclude, therefore, sir, that the compromise measures of 1850 ended where they began, with the Territories of Utah and New Mexico, to which they specifically referred; at any rate, that they established no principle which was to govern in other cases; that they had no prospective action to the organization of Territories in all future time; and certainly no retrospective action upon lands subject to the restriction of 1820, and to the positive enactment that you now propose to declare inoperative and void.

I trust that nothing which I have now said will be taken in derogation of the compromises of 1850. I adhere to them; I stand by them. I do so for many reasons. One is respect for the memory of the great men who were the authors of them-lights and ornaments of the country, but now taken from its service. I would not so soon, if it were in my power, undo their work, if for no other reason. But beside this, I am one of those-I am not ashamed to avow it-who believed at that time, and who still believe, that at that period the union of these States

ly considered, if nothing else, at least as a settlement of old scores; and anything that dates from 1848 must be considered, in reference to those who took part in it, as honorably and fairly settled and condoned in 1850. But, sir, how was the case? This was not a measure carried by northern votes with free-soil proclivities. Far from it. If I have read the record aright, the amendment which the Senator moved in the Senate, to incorporate the Missouri line into the territorial bill for Oregon, was opposed by twenty-one votes in this body. Among those twenty-one voters was every voter from New England. There was the Senator from Massachusetts, Mr. Webster. There was the lately deceased Senator from New Hampshire, Mr. Atherton. Both of the votes from Ohio: Mr. Allen one of them; and both from Wisconsin, were given against this extension of the Missouri compromise. Mr. Calhoun voted in favor of the amendment; but if I am not in error, when the question next came up upon the engrossment of the bill, as amended, he voted with those twenty-one; he voted side by side with those who were included in the designation of the Senator from Illinois. In the House, the vote stood, if I remember the figures, 121 to 82-a majority of 39. This was, I suppose, the whole vote, or nearly the whole vote of the entire non-slaveholding delegation. That surely, then, ought not to be said to be brought about by northern voters with free-soil proclivities, using those words in the acceptation commonly given to them, which I suppose the Senator wishes to do.

No, sir, that vote was given in conformity with the ancient, the universal, the traditionary opinion and feeling of the non-slaveholding States, which forbid a citizen of those States to do anything vol

one.

Mr. President, I do regret that it is proposed to repeal the eighth section of the Missouri act. I believe it is admitted that there is no great material interest at stake. I think the chairman of the committee [Mr. DOUGLAS], the senator from Kentucky [Mr. DIXON], and perhaps the senator from Tennes see [Mr JONES] behind me, admitted that there was no great interest at stake. It is not supposed that this is to become a slaveholding region. The climate, the soil, the staple productions, are not such as to invite the planter of the neighboring States, who is disposed to remove, to turn away from the cotton regions of the South, and establish himself in Kansas, or Nebraska. A few domestic servants may be taken there, a few farm-laborers, as it were, sporadically; but in the long run I am quite sure that it is generally admitted that this is not to be a slaveholding region; and if not this, certainly no part of the Territory still further north.

antarily, or except under a case of the sternest compulsion, such as preserving the union of these States -and really I would do almost anything to effect that object to acquiesce in carrying slavery into a Territory where it did not previously exist. It was that feeling which, in the revolutionary crisis, was universal throughout the land; for the anti-slavery feeling of that time I take to have been mainly a political sentiment, rather than a moral or religious It was the same feeling which, in 1787, led the whole Congress of the Confederation to unite in the Ordinance of 1787. Mr. Jefferson, in 1784, had proposed the same proviso, in reference to all the territory possessed by the United States, even as far down as 31 deg., which was their southern boundary. It was the same feeling, I take it, which led respectable southern members of Congress, as late as 1820, to vote for the restriction of slavery in the State of Missouri-of which class, I believe, there were some. And, sir, it is a feeling, I believe in my conscience, which, instead of being created, or stimulated, or favored, by systematic agitation of the subject, is powerfully repressed and discouraged by that very agitation; and if this bill passes the Senate, as to all appearance it will, and thus demonstrate that that feeling is not so strong now as it was in 1820, I should ascribe such a result mainly to the recoil of the conservative mind of the non-slaveholding States from this harassing and disastrous agita-quisitions together, considering how many new tion.

A single word, sir, in respect to this supposed principle of non-intervention on the part of Congress in the subject of slavery in the Territories. I confess I am surprised to find this brought forward, and stated with so much confidence, as an established principle of the Government. I know that distinguished gentlemen hold the opinion. The distinguished Senator from Michigan [Mr. CASS] holds it, and has propounded it; and I pay all due respect and deference to his authority, which I conceive to be very high. But I was not aware that any such principle was considered a settled principle of the territorial policy of this country. Why, sir, from the first enactment in 1789, down to the bill before us, there is no such principle in our legislation. As far as I can see it would be perfectly competent even now for Congress to pass any law that they pleased on the subject in the Territories under this bill. But however that may be, even by this bill, there is not a law which the Territories can pass, admitting or excluding slavery, which it is not in the power of this Congress to disallow the next day. This is not a mere brutum fulmen. It is not an unexecuted power. Your statute-book shows case after case. I believe, in reference to a single Territory, that there have been fifteen or twenty cases where territorial legislation has been disallowed by Congress. How, then, can it be said that this principle of non-intervention in the government of the Territories is now to be recognized as an established principle in the public policy of the Congress of the United States?

Do gentlemen recollect the terms, almost of disdain, with which this supposed established principle of our constitutional policy is treated in that last valedictory speech of Mr. Calhoun, which, unable to pronounce it himself, he was obliged to give to the Senate through the medium of his friend, the Senator from Virginia. He reminded the Senate that the occupants of a Territory were not even called the people-but simply the inhabitants-till they were allowed by Congress to call a convention and form a State constitution.

Then, sir, why repeal this proviso, this restriction, which has stood upon the statute-book thirty-four years, which has been a platform of conciliation and of peace, and which it is admitted does no practical harm? You say it is derogatory to you; that it implies inferiority on the part of the South. I do not see that. A State must be either slaveholding or non-slaveholding. You can not have it both at the same time; and a line of this kind, taking our ac

slave States have sprung up south of the line, and how few non-slaveholding States north of it, makes a pretty equitable division between the slaveholding and the non-slaveholding States. I can not see that there is anything derogatory in it-anything that implies inferiority on the part of the South. Let me read you a very short letter, which I find in a newspaper that came into my hands this morning, just before I started to come to the Capitol. It is a very remarkable one. It was written by the Hon. Charles Pinckney, then a distinguished member of the House of Representatives from South Carolina and addressed to the editor of a newspaper in the city of Charleston:

CONGRESS HALL, March 2, 1820, 3 o'clock at night.

DEAR SIR: I hasten to inform you that this moment we have carried the question to admit Missouri and all Louisiana slavery, and give the South, in a short time, an addition of six, and perhaps eight, members to the Senate of the United States. It is considered here by the slaveholding States as a great triumph. The votes were close-ninety to eighty-six [the vote was so first declared]-produced by the seceding and absence of a few moderate men from the North. To the north of 36 deg. 30 min. there is to be, by the present law, restriction, which you will see by the votes I voted against. But it is at present of no moment; it is a vast track, unin

to the southward of 36 deg 30 min, free of the restriction of

habited only by savages and wild beasts, in which not a foot of the Indian claim to soil is extinguished, and in which, according to the ideas prevalent, no fand-office will be open for a great length of time.

With respect, your obedient servant,

CHARLES PINCKNEY.

So that it was thought at the time to be an arrangement highly advantageous to the southern States. No land-office was to be opened in the region for a long time; but that time has come. If you pass this bill, land-offices will soon be opened; and now you propose to repeal the Missouri compromise!

A word more, sir, and I have done. With reference to the great question of slavery-that terrible question-the only one on which the North and the South of this great Republic differ irreconcilably— I have not, on this occasion, a word to say. My humble career is drawing near its close; and I shall

end it as I began, with using no other words on that subject than those of moderation, conciliation, and harmony, between the two great sections of the country. I blame no one who differs from me in this respect. I allow to others, what I claim for myself, the credit of honesty and purity of motive. But for my own part, the rule of my life, as far as circumstances have enabled me to act up to it, has been, to say nothing that would tend to kindle unkind feeling on this subject. I have never known men on this, or any other subject, to be convinced by harsh epithets or denunciation.

I believe the union of these States is the greatest possible blessing-that it comprises within itself all other blessings, political, national, and social; and I trust that my eyes may close long before the day shall come-if it ever shall come-when that Union shall be at an end. Sir, I share the opinions and the sentiments of the part of the country where I was born and educated, where my ashes will be laid, and where my children will succeed me. But in relation to my fellow-citizens in other parts of the country, I will treat their constitutional and their legal rights with respect, and their characters and their feelings with tenderness. I believe them to be as good Christians, as good patriots, as good men,

as we are; and I claim that we, in our turn, are as good as they.

I rejoiced to hear my friend from Kentucky [Mr. DIXON], if he will allow me to call him so I concur most heartily in the sentiment-utter the opinion, that a wise and gracious Providence, in his own good time, will find the ways and the channels to remove from the land what I consider this great evil; but I do not expect that what has been done in three centuries and a half is to be undone in a day or a year, or a few years; and I believe that, in the mean time, the desired end will be retarded rather than promoted by passionate sectional agita tion. I believe, further, that the fate of that greas and interesting continent in the elder world, Africa, is closely intertwined and wrapped up with the fortunes of her children in all the parts of the earth to which they have been dispersed, and that at some future time, which is already in fact beginning, they will go back to the land of their fathers the volun tary missionaries of Civilization and Christianity; and, finally, sir, I doubt not that in His own good time the Ruler of all will vindicate the most glorious of his prerogatives,

"From seeming evil still educing good."

SPEECH OF THE HON. TRUMAN SMITH, OF CONN.,

IN THE SENATE, FER 9, 1854.

Mr. SMITH said

Young and his forty wives. (Laughter.) There He seldom took part in the debates. He pre- was but little difference between that and slavery. ferred to discharge his duties with as little speak- Between polygamy and African slavery he saw ing as possible. He departed from this course in but little difference, if any. (Laughter.) If this the present instance cnly because of the magni- were only a part of the policy of the Administra. tude of the evils which would result to the coun- tion, which had taken Abolitionists and Free try from the passage of this bill. He had been in Soilers to its bosom, to try their faith, he did not Congress fifteen years, and during that time no know but he would be inclined to forward it, but man had taken a less part than he in the agitation before doing so he would ask time to consider. of the sectional questions which were introduced He desired to say that this attempt to smash up into Congress to distract the national councils and the Missouri Compromise, before it succeeded, the peace and harmony of the Republic. He had would have to smash up a good many other made but one speech on the subject, and that was things. It was said that these territorial Governon the day before the death of Gen. Taylor, in ments were necessary in order to secure a transit 1850. He had always contented himself with for men and things across the Pacific. Military silent voting yea or nay. His vote, however, had posts would accomplish all this, but the only always been in accordance with the prepondera- means of securing a transit was the construction ting sentiment of the North. He had never of the Pacific Railroad, for which he had struggled been a Northern man with Southern princi- at the last session. The only true way to effect a ples, and he never had any confidence in any transit was a railroad. He did not care whether man who was. Unfortunately, there had been it was North or South, even if down in Texas, so thrust into this bill a Slavery provision, and he got the road. Although so many compromises he thought it ought to be excluded by the were broken, he would still almost consent to unanimous vote of the Senate. But he would en- make another. He would almost say, give the deavor to show the Senate that there were objec- Pacific road and take the Territory. During the tions to this bill independent of the question of last four years nearly one million of dollars had African servitude, which ought to overrule the been appropriated for the Territories, and that, bill. He hoped to be able to show the too, when one only had been in existence four Senate that this bill ought to be put down, and years, and one for six months. Every Territory then the Slavery question would be settled. Was got an outfit of $50,000, besides appropriations for it wise or expedient to organize two Territories buildings. The annual expense of each Territory when there were five already on hand? Never is $30,000. Lest the expense of the five Territo before in the history of this country were there so ries might not be sufficient, the Senator from Illi. many Territories organized at one time. Why the nois now proposed to create two additional ones. bill for the Territory of Washington had passed In addition to these would be the expense of exthrough last Congress without any objection was to tending postal facilities and extinguishing the Inhim incomprehensible. There were five Territories dian title. Yesterday all the appropriations in now actually organized, and yet the Senator from the bill had been stricken out. He knew no Illinois proposed to add two more, making the reason for this. It looked, however, very much number seven. Where is the necessity for this? like a preparation for rushing this bill through the There could be no other reason to make the Senate other House. It looked like a preparation for the go this extravagant proposition except the negro application of what was known in the other question. There were more lands now belonging House as a gag to effect the passage of this bill. to Government than could be occupied for years Upon the establishment of these Territories would to come. Nearly one half of all the new States follow the necessity for an increase of the army to were yet public lands, and a large portion of what suppress Indian hostilities and protect the people. is sold was now in the hands of speculators. If All these matters would swell to a large amount these were not enough there were the five Terri- the increased expenditures occasioned by the or tories already organized. Minnesota had but few ganization of Territories. The bill provided for inhabitants. She had an extent of Territory large the election of officers, and the qualification of enough for several States; so with Washington voters. A condition of both was that they should and Oregon. As for Utah and New Mexico, he be inhabitants. It was said that there were six would say nothing, for he did not believe any hundred persons in the Territories. Under the man, nor even a sensible, respectable wolf, would laws of the United States there were no persons go to either to settle there. (Laughter.) Utah there who were inhabitants-there were undoubtwas one of those five bleeding wounds which edly some who were bodily within the Territory, were to be healed by the Compromise of 1850. It but there were none who could be legally regarded was healed, and it resulted in the establishment as inhabitants. He read the act of Congress reof the complete domination there of Brigham gulating intercourse with the Indians, which ex

cluded all persons from residing as inhabitants and call that district number one, and then take anoccupying any part of the Territory set apart for other wherever he could find it and call it number the Indian tribes. The only persons allowed two, and so on, running the lines in such a manthere were those traders who were duly licensed ner as to have a district for every cabin. If the by Government, and whose licenses were limited lines were drawn upon a piece of paper, there to three years. He read from the remarks made would nothing more be necessary to show the in the House by Mr. Hall, of Missouri, at the last whole thing to be a farce. He then read the prosession, in reply to objections that there were no visions of the several treaties by which the Irwhite persons in the Territory. Mr. Hall said, dians had consented to leave the homes and that the reason why there were no white persons graves of their fathers and go west of the Missisthere except traders, was that if a man did go sippi to this Territory, and mentioned that the there, he would be hunted out by the dragoons. solemn faith of the nation was sacredly pledged There were then no persons in Nebraska or Kan- in the face of God and man to leave them forever sas, but licensed traders, and they were no inha- undisturbed in this permanent home provided for bitants. When he studied law, he always under- them. The bill of the Senator was equally as stood that to make a man an inhabitant in a legal dexterous in surmounting this difficulty, as it was sense, he had to effect a permanent settlement in | in other respects. It first described the boundathe place he dwelt in, and that, too, without any ries of the Territories, including within them the animo revertendi. Yet this bill, to which nothing Indian possessions. It then said the Indians seems to interpose any difficulty, discovers inha- should not be included in the Territories until bitants in licensed traders, and in men who, upon such time as they should signify to the President their entering the land, are hunted by dragoons, their wish to be so included. Here was singular armed to the teeth and with sword in hand. | legislation. Everything in these days was done, This fault, however, seems to trouble the Senator not by positive legislation, but by provisoes. He from Illinois in no way. He says the inhabitants had but little regard or respect for any proviso,

shall choose officers, and when the Government seeks to find the inhabitants, it must catch them flying before armed dragoons, being hunted for their lives. In the effort to explode and blow up the Missouri Compromise the Senator must also blow up these other acts of Congress. It was true that there were small portions of this Territory, the Indian title to which had been extinguished, but he guessed these inhabitants were not to be found there.

This

not even the celebrated "Wilmot Proviso."
bill first included the Indians, then put them out,
and then allowed them to come in, when they sig-
nified their desire to do so. It first jerked them
into the Territory in violation of all treaty stipu
lations: it then shut them out again, and immedi-
ately pulled them back again under a signification
to the President, and all this was done in a proviso.

Mr. SMITH quoted from the speech of Mr. Webster in which he opposed agitation North and There was another act of Congress which the South, and declared his devotion to the Union. Senator would have to get out of his way before This was the platform on which he (Mr. Smith) he blew up the Missouri Compromise. It was the now stood. He was opposed to anti-Slavery act which excluded all persons from occupying or agitators and pro Slavery agitators. No mau entering upon the unsurveyed public lands of could say he was actuated by sectional motives in the United States, and which required the Presi- stubbornly opposing this bill. He had voted dent to employ if necessary the military of the against the Nebraska bill of last year, when it United States to expel them. If any one of the contained an approval or sanction of the Missouri inhabitants, therefore, escaped the dragoons it was prohibition. He had voted with five other Norththe duty of the President to send other troops ern Senators against taking it up, and afterward there to catch them and expel them. The Sena- he had with four other Northern Senators' votes, tor from Illinois was the most prolific man he ever laid it on the table and killed it. He was someknew in getting Territories. [Laughter.] Every what surprised now to see some of those who year he called the attention of the Senate to the then voted with him prepared to vote for this parturition of a Territory, and sometimes they measure at this time. It looked to him very come two at a time-[loud laughter]-and that much as if this course was adopted by them betoo when he had a whole litter of them on hand. cause this Slavery clause was in it. He did not [Laughter.] He desired to give the Senator some believe that if this bill was not sweetened by this suggestions as to how to prepare himself for the negro provision it would be allowed to live in the next parturition. [Laughter.] The Senator should Senate a half hour. The Slavery question overfirst extinguish the Indian title and have the shadowed all things. This bill reënacted the fulands surveyed, laid off, and to some extent in- gitive slave act five times. But if it reënacthabited, and when he got all things in this condi-ed the Missouri prohibition and the Wilmot Protion, he then might go it blind if he chose. [Loud viso both five times over he would not support it. Laughter.] He (Mr. Smith,) however, objected to He was and always had been utterly opposed to contributing his quota toward defraying the ex- agitation on this subject. He had always and penses attending these reported parturitions of now condemned the introduction of it into ConTerritories. [Laughter.] There being no inhab-gress where no good but much evil was to be efitants there, as inhabitants are defined by law, fected by it. He could see no reason or motive for then there were no persons to elect officers, or it now. It might be perhaps that as the Adminfrom whom officers could be selected. The Go-istration had cast out Daniel S. Dickinson and his vernor of the Territory was required to divide it friends into disgrace if not oblivion, and had into districts. He would like to know how the taken John Van Buren and his Free-Soil allies to Governor was to district this Territory. He might its bosom, that an exigency had arisen calling for select a log cabin at the head of some branch and this policy. Of this however, he knew nothing

« PreviousContinue »