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MARCH, 1850.]

Slavery-Select Committee.

[31ST CONG.

30'. The distinguished Senator from South | gistrates in the various cities and countries of Carolina might be willing to accept a declara- the Union should carry that law into effect. tion that slavery does now exist, or that it shall This provision has been since rendered nugaexist, or may exist, south of a certain line; but tory, as these officers will not now act, and I take it for granted that no Senator from the consequently the judges of the United States South would be willing to abandon the ground alone have jurisdiction over the subject. They of non-intervention, without some provision are not enough for that purpose, and the law, like that. therefore, requires an amendment. I, for one, am willing to take up the subject, and provide the necessary means of carrying the provision of the constitution into full effect. Such a procedure would have the very best effect upon the South at this time. It would be a pledge of our sincerity, and of our desire to do justice to that great section of our common country.

Mr. FOOTE. Permit me freely to say, that I would no sooner vote for a southern Wilmot proviso than I would for a northern one. I rely, and am content to rely, upon the constitution. I was not convinced by the argument of the Senator from South Carolina, of the necessity or expediency of going further than that. I rely with entire confidence, upon our rights under the constitution, and the treaty by which the territories were acquired. I ask for no legislation upon the subject, but simply that the whole matter be let alone. I ask nothing but the doctrine of non-intervention.

Mr. CASS. Mr. President, I will not argue this point. I was about to say, that what the law is, is a question for the decision of the judiciary; but what the law shall be, belongs to the legislative department to declare. If we have the power to pass a law declaring the existence of slavery, which is to be attended with any practical result, we necessarily possess jurisdiction over the whole subject-matter. We have the same power to pass a mandatory law, commanding the existence of slavery, as a declaratory one, recognizing its existence. And I will appeal to every Senator, northern or southern, eastern or western, if there is any probability, I may say, possibility-of such a law passing this Congress? No one asks it--no one expects it. The Missouri compromise line is, therefore, as much out of the question as the Wilmot proviso. The fact is, Mr. President, it is not any way applicable to the existing state of things, though it was applicable to the country when it was established, because slavery was then an existing institution, and it was left in force south of 36° 30'. Insuperable objections, therefore, exist to such an arrangement, where the condition of the country is entirely changed.

Well, then, Mr. President, if these things are impossible-if they cannot be done-it remains to inquire what it is in our power to do.

My own opinion is, sir, that we should take up the bill for the recapture of fugitive slaves, ' reported by the Judiciary Committee. I am disposed to suspend all our discussions, and to lay aside all other business, with a view to act upon that bill, without unnecessary delay, and to pass it in such form as would be acceptable to a majority of this body. That is a point upon which the South feels most acutely, and in regard to which it has the most serious cause of complaint. I have heard but one man in this body deny the existence of this evil, or the justice and necessity of providing an adequate remedy.

The act of 1793 provided that the State ma

If I understood the Senator from New York, (Mr. SEWARD,) he intimated his belief that it was immoral to carry into effect the provision of the constitution for the recapture of fugitive slaves. That, sir, is a very strange view of the duties of a Senator in this body. No man should come here who believes that ours is an immoral constitution; no man should come here, and, by the solemn sanction of an oath, promise to support an immoral constitution. No man is compelled to take an oath to support it. He may live in this country, and believe what he chooses with regard to the constitu tion; but he has no right, as an honest man, to seek office, and obtain it, and then talk about its being so inimoral that he cannot fulfil its obligations. It is the duty of every man, who has sworn to support the constitution, fairly to carry its provisions into effect; and no man can stand up before his fellow-citizens and maintain any other doctrine, whatever reasons he may urge in his vindication.

In one of the most disingenuous portions of the speech of the honorable Senator from New York, (Mr. SEWARD)—which itself was one of the most disingenuous I have ever heard-he speaks of "slavery having a reliable and accommodating ally in a party of the free States," and he says he "bears witness to its fidelity to the interests of slavery."

Now, I ask the Senator from New York, if. he believes there is a man in this Senate from the North, whose course is influenced by his fidelity to slavery; and if he does, what right he has to cast odium upon gentlemen who are associated with him in the high duties which belong to his position?

Mr. SEWARD. The Senator addresses a question to me, and I rise for no other purpose than to answer it. I think it was Mr. Jefferson who said that the natural ally of slavery in the South, was the Democracy of the North. I have heard it attributed to Mr. Jefferson. However this may be, I believe it. I assail the motives of no Senator. I am not to be drawn into personal altercations by any interrogatories addressed to me. I acknowledge the patriotism, the wisdom, the purity of every member of this body. I never have assailed the motives of honorable Senators in any instance, I never shall. When my own are assailed, I stand upon

1ST SESS.]

Slavery Select Committee.

[MARCH, 1850.

my own position. My life and acts must speak | great disservice to say, that no matter what
for me.
I shall not be my own defender or
advocate.
Mr. FOOTE. Do I understand the Senator
from New York as saying Mr. Jefferson asserted
that the northern Democracy was the natural
ally of slavery? He never said such a word.
Mr. Cass. I will not touch upon that ques-
tion; but I will ask the Senator from New
York in relation to another point-and that is,
if he meant it in the sense which Mr. Jeffer-
son, or whoever may have used it, intended?
The one was intended as a commendation for
their attachment to constitutional principles-
the other as a slur upon a great party.

Mr. SEWARD. I answer promptly and freely; I had no purpose of casting reproach upon, or of reflecting upon, any member of this body, or upon any person anywhere. The remark had no such connection. I ask leave now to say, that such as I described, is, in my view, the political organization of the parties of this country; that slavery has the support, the toleration (given honestly, and from patriotic motives, I admit) of the party to which I referred; and that its alliance with slavery constitutes its tower of strength. On the other hand, the party to which I belong, is a party which is more distinctly identified with the progress of the sentiment of freedom or emancipation, and therefore it is weaker in its alliances with the South. I again disavow, as I always shall, any reflections upon the conduct of Senators here. I know the motives which govern me. I have no reason to question-I never do questionthe motives of others with whom I am associated.

Mr. DAWSON, (interposing.) Will the Senator permit me to inquire if I understood him to say this: that these were the sentiments of the party to which he belongs? I want to know if he claims to belong to the Whig party? (Laughter.) If he does, it will be known to every true Whig that I do not belong to his party; and I hope that when he speaks for the party to which he belongs, he will not put under his banner the Whig party of the United States, the conservative party of this country, together with the Democratic party, which I admit to be conservative too.

Mr. SEWARD. I will not detain the honorable Senator from Michigan with categorical replies to my friend from Georgia, (Mr. DAWSON.) I pretend to speak no man's sentiments, and for no man but myself. I am a citizen of the United States. My duty is to promote the welfare, interest, and happiness of the people of the United States; and I hold, that I can do so in no effectual way by going alone and independent. That is always the error of schismatics. Therefore, in the discharge of my duty, I ally myself to such a party as I find most approximate to the principles and sentiments that I entertain. I will do the Whig party the justice or the injustice to say, that I have been a member of it all my active life; and I will do it the

may happen, and who may put me under the ban, I shall be the last to leave it, however individuals may disown me or the principles I maintain. I shall adhere to it, because I think, of the two great parties it is the most devoted to the cause of freedom and emancipation. I will, however, do the Whig party the justice, if it be such, to say that these sentiments of mine upon that point, are not in accordance with the sentiments of that party throughout the whole country-that I do not profess to speak for it, but for myself alone. I have, however, great hopes that the Whig party, and the party claiming to be the party of progress, to which I refer, and ultimately all parties, will come to precisely the same conclusions which are the guide and governing principles of my own conduct.

Mr. CASS, (resuming.) I was going to remark that, with respect to the creed of the Whig party, or the orthodoxy of the Senator from New York, it is a matter with which I have no concern; but with respect to progress, I have something to say. My progress is within the constitution. My age of progress is circumscribed there. If the Senator from New York is going out of it, I do not believe in his progress at all. No, sir! My object is to support the constitution which, under God, is the source of our prosperity and happiness.

Mr. SEWARD, (in his seat.) That is mine.

Mr. CASS. The Senator from New York says, that also is his object. If it is, I think he has a very strange way of showing it, by pronouncing it immoral, and denying the validity of its obligations. It would last scarcely a day, if that Senator, with this avowed principle of action, had the direction of the Government. I do not say that it would be dissolved immediately, but the seeds of dissolution would be sown, and would ripen into a harvest of misfortune as speedily as the rankest vegetation gains maturity under a tropical sun.

The honorable Senator from Illinois (Mr. DOUGLAS) has the floor to-day, and I do not wish to interfere with that arrangement. I have not concluded my remarks, and I would move to postpone the further consideration of this subject until to-morrow, at half-past twelve o'clock.

Mr. CALHOUN. I have a few words to say in reply to the observations of the Senator from Michigan, and, as it is in reference to a point of some importance, I desire that what I say shall go out with his remarks. I regret very much that the state of my health does not permit me to enter fully into the argument, and that I shall be under the necessity of economizing my words, as well as my strength.

Mr. President, the Senator could not have heard me with more regret, make the declaration to which he has alluded, than I have heard him this morning make the declaration which he has made. Sir, the Senator and myself have two distinct and different conceptions as to the

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MARCH, 1850.]

Slavery-Select Committee.

[31ST CONG.

I intended to branch off here, and to show, that the distinguished Senator, if this Union is ever to be dissolved, will have contributed his full share to its dissolution; that the very entanglement we are now in, originated in the last Presidential election, and, as I think I have demonstrated, originated in a violation of the constitution, and in a violation and disregard of the sovereignty of the States. Whenever the Senator chooses to go into a discussion upon this point, I am ready to meet him.

mode of saving this Union. His whole course | heard of such a suggestion as, that to amend has been a course of palliatives. And, sir, of the constitution, would be treason? It shows all courses, that is far the worst. Why, sir, you a state of feeling existing in the mind of the might as well treat a cancer, that is about strik-Senator which, in my opinion, is inconsistent ing into a vital part, with palliatives, as to treat with judicious action. this question with palliatives. No, sir! my idea has been from the first, that it was a disease that would be fatal if not finally arrested; and I have acted upon that impression. If I am wrong, it is because the impression is wrong; and in order to arrest it, it is necessary at every stage of it, to understand the real causes and progress of the disease, and the causes by which it endangers the Union. In my late speech, which the Senator has heard with such profound regret—and I am amazed that my meaning should be so utterly misunderstood by the honorable Senator from Michigan-I stated simply, and in as few words as I could, what would certainly, according to my judgment, save the Union, promote conciliation, and restore harmony and good feeling throughout all sections of the Union. That was the amount of what I said. Now, I ask, can the Senator believe that the South is safe, while one portion of the community hold entire possession of the power of the Government, to wield it for their own benefit, in any manner they please, and while they see fit to interfere between the two sections of the Union? Can any man believe that the South is safe while this state of things exists? No man can say that he believes it. I do not, at least; and, therefore, all the wonder of the honorable Senator upon that point may cease. But the Senator says, it is impossible to comply with the requisition of giving us new constitutional gurantee. Well, that very declaration goes to show

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Mr. CASS. The honorable Senator entirely mistakes. I certainly did not say any thing of the kind.

Mr. CALHOUN. I said, in my remarks the other day, that such amendment in the constitution must be made as would give to the South

Mr. CASS. The Senator will pardon me, I have not alluded to the subject of an amendment to the constitution. I was coming to it, however, and should have spoken of it before concluding my remarks. I should prefer, therefore, that the distinguished Senator from South Carolina should hear me before he undertakes to reply.

Mr. CALHOUN. I understood the argument of the Senator as leading to that.

Mr. President, I must necessarily abbreviate what I have to say. The distinguished Senator heard me with painful feelings designate Washington as the illustrious Southerner. Why, the Senator ought to remember, that every effort has been made to take Washington out of our hands; but it seems that the morality of the present time is, that the assailant is perfectly innocent, and the assailed the only guilty party. Yes, sir! it was endeavored to take him out of our hands; and we are to be stigmatized as disunionists, and his messagehis farewell address-to be quoted against us, while I venture to assert, that the greater part of that message bears directly upon the assailants, and not the assailed. It was to meet this, that I reminded the Senate and the world-and rightly reminded them-that Washington was an illustrious Southerner; he was not the less an illustrious American; but I must say, that the whole proceeding here, for the last fifteen years, has been such that, if carried out and consummated, as it will be, unless some definite understanding is arrived at, the end of the whole will be the holding up of Washington as a miserable slaveholder. I do not insinuate that Washington should be regarded exclusively as a Southern man; I only say, we have a right to claim him as an illustrious Southerner, for he was a Southern man-a Southern planterand we do not intend that he shall be taken out of our hands.

Mr. President, with these remarks, I will content myself for the present, without detaining the Senate further.

Mr. CASS. One word, Mr. President, for I do not wish to be misunderstood: I have not uttered a syllable in regard to the constitution, or the constitutional amendment suggested by the distinguished Senator from South Carolina morn--not a word. The honorable Senator supposed that I had arraigned him for seeking a constitutional amendment. Such an idea never entered my head; and allow me to tell the Senator, that that was not the difficulty at | all.

Mr. CASS. I hope the honorable Senator will defer his remarks until to-morrow ing.

Mr. CALHOUN. I do not know that an opportunity will then be afforded me of saying what I desire to say upon this point. The Senator says that new guarantees cannot be given by amendments to be made in the constitution. Sir, I insist that that is the legal and constitutional mode-it is the mode pointed out by the constitution itself. Why, who ever before

Mr. CALHOUN. What was it, then?

Mr. CASS. The ground upon which it was put by the honorable Senator was, that if a guarantee were not given to the South, by an

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amendment to be made to the constitution, it would be fatal to the country.

Mr. CALHOUN. Certainly; it would, in the end, be fatal.

Mr. Cass. But the honorable Senator said it must be done immediately, or it would be fatal to the interests of the country.

Mr. CALHOUN. No, sir; that is not the language I used.

Mr. CASS. I beg the honorable Senator's pardon; it is so stated in the speech: "If the question is not now settled," says the Senator, "it is uncertain whether it can ever be settled hereafter."

Mr. CALHOUN. Certainly.

Mr. CASS. And one of the processes by which it is to be done is, by amending the constitution. There were two points stated by the honorable Senator. One was, that there must be an amendment made to the constitution— and I merely mention this because it excited some surprise in my mind—and the other, that the admission of California be made a test question.

Mr. CALHOUN. Certainly.

Mr. CASS. That if California were admitted, it would be followed by a dissolution of the Union.

Mr. CALHOUN. No, sir. I wish the Senator would read the remarks I made in reference to that point.

Mr. CASS. I will read them, sir, with pleas

ure:

"If the question is not now settled, it is uncertain whether it ever can bereafter be; and we, as the representatives of the States of this Union, regarded as governments, should come to a distinct understanding as to our respective views, in order to ascertain whether the great questions, at issue can be settled or not. If you who represent the stronger portion, cannot agree to settle them on the broad principles of justice and duty, say so; and let the States we both represent agree to separate and part in peace. If you are unwilling we should part in peace, tell us so, and we shall know what to do when you reduce the question to submission or resistance. If you remain silent, you will compel us to infer what you intend. In that case California will become the test question."

Mr. CALHOUN. Read on-read the whole.
Mr. CASS. I will, sir:

"If you admit her, under all the difficulties that oppose her admission, you compel us to infer that you intend to exclude us from the whole of the acquired territories, with the intention of destroying, irretrievably, the equilibrium between the two sections. We would be blind not to perceive, in that case, that your real objects are power and aggrandizement, and infatuated not to act accordingly."

Now, is there a Senator here who does not know what that means? I do not affirm that it is objectionable to propose an amendment to the constitution. Far from it-that is one of the most harmless things in the world; but the admission of California, according to the honorable Senator, is to be made a test question; and

[MARCH, 1850.

it went to my heart's core when I heard the declaration, for I knew very well, if that were to be a test questien-if such was the sentiment of the South-the Union was gone. An immediate amendment of the constitution, I consider almost impossible. I do not say that amendments may not be made; but it should be done only under the pressure of extreme cases, and extreme difficulties; for if we commence to make changes and alterations, he who is the Ruler of nations, alone knows what changes may be made, and what sort of a Government this will become.

In commenting on the honorable Senator's remarks, I have connected these two subjectsthe amendment of the constitution now or at a reasonable time, and the point that was made by him, that the admission of California was to be a test question.

Mr. CALHOUN. I must say there has been a strong disposition manifested on the part of the honorable Senator, to misconstrue my expressions and plain expressions they are. The Senator says I asserted, that a dissolution of the Union would follow the admission of California. I did not assert that. I stated that it ought to be considered a test question; but I leave it to my constitutents to determine what course they will take. Let the gentleman give the words I used, and I am willing to stand by them; but he must not expect me to be responsible for his interpretation of them. Well, in regard to the word "now," I did not intend to be understood as asserting that the amendment must be made instanter, but that an indication should be given now, that such amendment would be agreed to, and let it then be carried through the ordinary process.

Mr. FOOTE. I promise not to occupy the attention of the Senate long. Senators will perceive that my position is rather a peculiar one. I am certainly exposed to misapprehension, in consequence of what has fallen from the honorable Senator from South Carolina, if I do not make some explanation. He undertakes to express surprise at the course I have pursued, in protesting against certain portions of his speech the other day, when he must know, that there are but few persons, here or anywhere, who do not understand the speech of the honorable Senator precisely as I understand itnor a member of the other House who did not understand it in the same way. In fact, I have only declared what is the plain interpretation of the speech. But the honorable Senator is surprised that I should take the liberty of guarding myself, and those associated with him in this great contest, against that misconstruction of our motives and plans, which I did believe would arise in the public mind, if no seasonable effort were made to guard against it. Why, sir, I hoped, as I said at the time, in giving the honorable Senator an opportunity to explain, that a ready explanation would be afforded, that would satisfy the country. But I must say, his explanation was not entirely satisfac

MARCH, 1850.]

Slavery-Select Committee.

[31ST CONG.

suppose no such conciliatory and patriotic speeches as have emanated from gentlemen in both Houses of Congress had been made-I appeal to the Senator, and to all men, if the Nashville Convention had been permitted to assemble, with this new issue submitted to them under such circumstances, whether it is not likely that the honorable Senator's influence would have been potential enough to induce the convention to demand that such a change in the constitution as he desires should be accorded? Had such a demand as an amendment of the constitution been made, does not the Senator well know that it would have been, in the present temper of the public mind, wholly impossible to be effected? And had the demand been formally made and refused, does he doubt-does any one doubt—that a dissolution of the Union would have occurred? I do not charge improper motives to the honorable Senator-I never have done so; yet I hold it not improper for me to express surprise, that the honorable Senator should have failed to place the only interpretation upon his own words of which they seemed susceptible. The Senator knows that no man is more devoted to the South than I am; but I admit the right of no man to make a grave issue for the people whom I represent here, or for myself, without consulting either them or me, especially if, in my judgment, that issue not only puts the Union in serious and unnecessary danger, (whether intended or not,) but subjects the cause, which I have been so long endeavoring to sustain, to certain overthrow.

tory to me or to others; for what do we now to which I have alluded continue its progress, hear from the honorable Senator? He frankly and that certain healing influences had not been avows that he did not intend to raise an addi-interposed-as I rejoice that they have beentional issue a new issue-without consulting other Senators from the South, who were equally involved in this contest, with himself, and who were entitled to be conferred with, before so important a movement was hazarded. This issue has not been openly made known to any portion of the South; nor is there any one here, besides the honorable Senator himself, able at this moment to make known the precise constitutional amendment at which the honorable gentleman is aiming. I have said, and must continue to say, that the honorable gentleman, throughout this proceeding, has not acted with his accustomed discretion, and, without intending it, has done serious injustice to some of his most confiding friends, in undertaking to make an issue of this sort-of this vital character-without consulting them beforehand. To speak plainly, I almost felt that a noose was put around my neck, while asleep, and without having antecedently obtained my consent. Never did the honorable Senator, on any former occasion, announce the necessity of raising this new issue; and the whole country will be found entirely unprepared for it. Now, sir, what would be the probable effect of the honorable Senator's conduct in this affair, had I not interposed in the manner now complained of? The honorable Senator has had it in his power for several years past, to propose the amendment of the constitution, of which he seems now solicitous; but he has made no such movement, nor intimated his intention to do so at any future time. He knows well, that the meeting of the great Nashville Convention is but little more than two months distant, and that, meanwhile, this contest between the free and slave States of the Union, is waxing still warmer and more warm -that the excitement on the unadjusted questions, growing out of the subject of slavery, is becoming every day more and more intense. Yet he has deliberately undertaken to throw this new issue before the country, when he knows that it is only calculated to increase our difficulties, add to the existing irritation, and postpone, if not utterly defeat, all satisfactory settlement. Meanwhile, the honorable Senator is not only engaged in thus obstructing all compromise, but is heard to denounce the very name of compromise. He is actively opposing, at this moment, the raising of the committee of thirteen, proposed by me.

Now he must know, that if, in the next two months, something is not done, the Nashville Convention will have all the questions, which are at present the subject of discussion here, before that high tribunal for final decision-at least so far as the South is concerned. Does he not perceive, that the very delay which he is now producing, may devolve upon that body a most fearful responsibility, only to be avoided, if possible, consistently with Southern honor and Southern safety? Suppose the excitement

The honorable Senator from Illinois will please accept my thanks for the courtesy exercised by him, in allowing me this opportunity of explanation.

Mr. DAVIS, of Mississippi. I do not intend to consume the time of the Senator from Illinois, or now to enter into any discussion or argument, but merely to say that when the Senator from South Carolina delivered his speech, I did not understand it as it has been construed in the debate of this morning. The Senator said, that to finally and forever settle this question, certain things were necessary, which the North could easily provide. This I believed. These certain things were, he said, to do justice, by conceding to the South an equal right in the acquired territory-so I think: to do her duty by causing the stipula tions relative to fugitive slaves, to be faithfully fulfilled; to cease the agitation of the slave question-these I think necessary to insure tranquillity: to provide, by amendment of the constitution, for a restoration to the South of the power she possessed of protecting herself before the equilibrium between the sections was destroyed. Events, however unwillingly, have forced upon me the conviction, that such additional protection, if not now, will become

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