The national era. [volume], August 22, 1850, Page 136, Image 4

About The national era. [volume] (Washington [D.C.]) 1847-1860

Image provided by: Library of Congress, Washington, DC

                
136 T"
[CONTINUED FEOM FIRST FAOE.] }
fornla a pack-horse, to be loaded down with what- '
ever burden his allies may chooee to place upon
her bads. he would make her pay dearly for 1
ht\v ng Incorporated into her Constitution that 1
thing ho hateful to him, the Pro*iso of Freedom '
if.' Mr W ) was f?r < a tfornia,separate from all '
I qnfltlf> He believed it due to that Slate, 1
due to ourselves, and, sbove all, required by the 1
voice of a vast majority of the freemen from whom '
we profess to speak aud act
What, Mr. Chairman, is the spectaole presented
here ? After having acquired all the slave '
territory upon the continent?after having annex- 1
ed Texas in hot haste, and at the hatard of the j
war which followed that act; now, sir, the free
State of California, with a voting population larger
than thtt of one half of the slave States?larger
than Florida, larger than Arkansas, larger than i
Texas, larger, in my judgtm nt, than either Mis- 1
Sissippi or Louisiana?this free State is denied
admi.tsion into the Union, only because she is free. |
Yea, sir, her only offence is, that she has prohib- ;
ited slavery within her borders. Those who now
a-k that action shall be had upon this subject, are
denounced as men who desire to keep up a "miserable
excitement" in the public mind. The
gentleman from Illinois [Mr. McCmcrnand] may.
in his conception of things, regard it as a uiisera- !
ble vocation, for men to contend earnestly, seriously,
manfully, for the advance of Freedom, for the
triumph of truth. The gentleman may regard
'jtor V *-V? ?tu) nraisewnr|hv.
'-'.JL _. ; * /_ ^ v~-~ -f -? * i
"sytMry eid wt.{et?ar*r?w^rded w>'b the smiles
" miserable agitation " indeed 1 to stand up here
and battle against the selfishness of the day, to
utter unwelcome truths in the ears of lordly masters,
to expose the schemes of unchaetened ambition,
to labor earnestly to bring back this Government
to the policy of its founders, to insist
that the policy or Jefferson, and the fathers of the
Republic, should be applied to the Territories of
this Union.
He (Mr. W ) could tell the gentleman from Illinois
[Mr McClrkn and] how this agitation, which
he so much deprecates, might have been avoided
Had Representatives faithfully carried out the will
of their constituents, the question of slavery in
our Territories would have been settled three
years ago. by the extension to them of that provision
of the Ordinance of 178? which prohibits
slavery except for crime. Of this there can be no
donbt.
He (Mr. W.) has said before, and he repeated
now, that when the Proviso was first introduced,
there were but two Northern votes ugainstit in this
Honse One was that of the gentleman from I Hi
not*, and the other that of bin then colleague, now
a member of the Senate, [Mr. Douglas) That
Srovision, which the gentleman has learned from
Is Southern allien to denounce an moat infamous,
not only received the approval of the Representstires
from the free States, but the unanimous aad
spontaneoua appvtnal of the people throughout
every free State in this Union. Thepeople by
every farm of expression endorsed it. Legislatures
by unanimous resolutions endorsed it. Had
the publio voice then been faithfully obeyed in
this and the other wing of the Capitol, all that
excitement and agitation about which the gentleman
declaims with such genuine Southern feeling,
would have been avoided. The ques'ion would
have been settled without agitation, without excitement
; and, in my judgment, without leaving
behind any very serious heart-burnings upon the
feelings of our Southern friends. True, sir, they
might have been ignorant of the merits of their
distingoLhed champion, the gentleman from Illinois.
The country might have never known that
it held within its bosom one of such broad, such
comprehensive, such exalted patriotism. This, he
(Mr. W.) confessed, would have been a serious
loss to the oountrv, and a great personal sacrifice
to the gentleman from Illinois; but one which, he
trnsted, would have been cheerfully made, to avoid
that agitation which so alarms and disturbs the
gentleman.
Mr. Chairman, It has become quite common for
certain gentb men, distinguished alike for their
patriotism and modesty, to claim for themselves
that they stand upon a broad and national platform
; and to denounce all who do not take position
with them, as narrow-minded, sectional, and
fanatical. Is slavery national, nnd freedom sectional
? He (Mr. W.) had been taught by the
fathers of the republican school, that freedom was
broad and national, and slavery local and sectional.
For this great doctrine he bad struggled
here, and for this he should continue to struggle,
with all the feeble powers God had given him.
This great doctrine of the universality of freedom,
as one the inalienable rights of man, and of
the local character of slavery, as a State and sectional
institution, constituted, in the early days of
the Republic, an established article in the repub
lic&u creed, nence, me enom 01 jenerson 10
circumscribe ihe limits of slavery?efforts glorioasly
successful in the establishment of the Ordiuauce
of 1787?by which freedom was secured
to the State which the gentleman from Illinois
[Mr McClkrnand] in part represents But for
this Ordinance, which the gentleman now denounces
as infamous, the curse of slavery would have
rested like an incubus upon his own State. It
would have gone there in defiance of the Ordinance,
hnd Illinois, at the time of the adoption
of the Constitution, been blessed, or cursed,
(her people will judge which,) with a superabundance
of that broad and comprehensive patriotism
of which the gentleman boasts. Instead of that
free labor, which is fast giving to Illinois prosperity
and greatnees, the negro slave would have
loitered in idleness upon her fertile fields, or
been driven by the lash to his thriftless and unwilling
toil.
He (Mr. W.) had followed in the footsteps of
Jefferson; he had travelled in the beaten tracks of
the fathers of the republican party. His efforts
had been to circumscribe slavery within State limits?not
to interfere with it there, but to resist its
spread over the free Territories of the nation?to
relieve the General Government from all responsibility
for its existence or support, leaving it to
rest, where alone it should rest, upon State sovereingty
and State laws.
This question of slavery extension is a great
peenniary question?a question of capital?of
money. The immense capital invested in slaves,
as effectually controls this Government as does
the capital invested in the funded debt of Great
Britain control that. The old proverb, that
4 money rules the world," is as true in political
as in social aff?irs. The money invested in slaves
wields the destinies of this boasted free Republic.
It shapes its policy to its own ends, it elects its
Presidents, and dispenses its vast patronage ; it
proscribes its enemies, and exalts its friends. So
far as legislation and all the machinery of Government
is ooncerned, it in truth and fact constitutes
the Republic itself. Well-informed
Southern men in this and in the other branch of
Congress have estimated the amount of money
invested in slaves at sirteen hundred million} of
dollars. He thought the estimate a large one,
but that the sum is large almost beyond computation,
is certain. ThiB vast money power, extending
over half of the Confederacy, and binding
together in the bonds of a common pecuniary
interest half the States, dictates law to this Republic,
and roles with a despotism unrelenting as
death. Asa Democrat, he had ever been opposed
to great moneyed interests The instincts of money
are the same the world over?the Mine here aa iu
the most grinding despotism of Europe. Money
is cold, selfish, heartless It has no pulse of humanity,
no feelings of pity or of lore. Interest,
gain, accumulation, are the sole instincts of its
nature; and it is the same, whether invested in
manufacturing stock, bank stock, or the black
atock of the South. Intent on its own interest,
it is utterly regardless of the rights of humanity,
ft would coin dividends out of the destruction
of souls. Here, then, sir, we have sixteen hundred
millions of tapi'al?heartless, unfeeling capital,
intent on its own pecuniary advancement. It is
here, sir, in these halls, in desperate conflict with
the rights of humanity and of free labor It is
struggling to dutch in its iron grasp the soil of
the country?that soil which is man's inheritance,
and which of right Bhonld belong to him
who labors upon it. Sixteen hundred millions of
dollars demands the soil of our territories in perpetuity,
for its human chattels?to drive back the
free laborer from his rightful field of enterprise?
from his lawful and God-given inheritance Slavery
must have a wider field, or the money value
of flesh and blood will deteriorate. Additional
security and strength must be given to the holders
of human stock. What though humanity
should shriek And wail? Money is insatiate?
capital is deaf to the voice of its pleadiDgs. To
oppose the extension of slavery?to resist in the
councils of the nation the demands of this huge
money power?to advocate the rights of humanity
and of free labor, is, in the estimation of the
gentleman from Illinois, to be sectional, and fanatical.
To bow down to this money power?to
to do its bidding?to be its instrument and its
tool?is doubtless, in the esteem of the gentleman,
to stand upon a "broad and national p'atform."
Freedom and humanity, truth aud justice, is a
platform too narrow for hie enlarged ?nd comprehensive
mind?the universality of slavery can
alone All its oapaciotp powers. Slavery la Demo
cratic?freedom fanatical! Sir, the gentleman
no doubt sees fanaticism in a bold and fearless
advocacy of the right. With some minds, nothing
is rational and practical, except that which
pays well. That slavery has heretofore nald
well to those who labored in its servloe, he (Mr
W) was prepared to believe The history of
this Government proves this. Its bills, however,
have been at a discount sinoe the Presidential
election of J"* Its last draft for the Presidency j
was dishonored. Its credit is shaken as a prompt
paymaster and the gentleman from Illinois may I
T1
ret find himself in n fanatical poeition. expending
his (treat power*, without adequate reward
He (Mr. W.) wu eduoated in the republican
ichool. All hin opinions upon political questions
rrere strongly tinctured with the doctrines of that |
ichool. Nowhere in the teachings of the " fathers"
bad be fonud it laid down, that Democracy consisted
in wearing the oollar of slavery sbout his
neck?in bowing down to a heartless money aris- i
tocracy?in supporting the extension of slavery
over the Continent. 8uch may he tbe doctrines
of tbe gentleman from Illinois. He may best subserve
bis political ends, by standing shoulder to
shoulder with the advocates of Slavery-Extension
He may esteem that man a demagogue who boldly
stands up in tbe face of power, in defiance of all
opposition, the advocate of truth, the inflexible
supporter of principle. 1 here are demagogues,
however, who succumb to power; who flatter the
strong, and deride the weak; who are always
found in support of that policy best calculated to
advance their interests ; who are ready to change
opinions with a change of dynasty , and who ever
lean for support upon some strong, and, as they ,
believe, controlling interest. The Slave Power |
has so long held ascendency in this Government, I
that certain gentlemen seem to think that their
political fortunes are secure, only when they stand
in close alliance with slavery. They lean upon it
for support; they iook to it for promotion; they
tremble and turn pale at its frowns. Many fear
to stand on the rock of Truth, unsupported save
by a consciousness of rectitude and duty, who, j
aeriiodie &i lu^il 1. tici: rbc!t,
weight upou the strong arm ot som- 0 .uitiw ,
V , / J.
Mr. Chairman, (he continued.) 1 am cnaTgea t
by the gentleman from Illinois with practicing
the arts of the demagogue?with keeping alive
a "miserable excitement," to secure by own
elevation to office. When have I been found
at the footstool of power? When have 1 addressed
myself to propitiate its smiles or its favor?
When have I abandoned principle, and taken
refuge in the arms of any great moneyed interest
for succor and protection ? When have I proved
! false to my professions, or my pledges? Who is
l i v? . i k... Vor.t it. r.iti.
i uj utuuori i aiu, on, uu , uo?c ??? ? '?" j
I have redeemed the solemn pledgee given to a
generous constituency?a constituency, sir, that
have stood around me, and sustained me, with a
devotion and constancy of which any man, the
greatest in this nation, might well be proud ; and,
sir, 1 would sooner stand against the assaults of a
thousand such as the gentleman from Illinois,
than disappoint the just expectations of the
humhlest man who gave me his confidence and
support. Does the gentleman from Illinois know
anyihing about the district from which I come?
Mas he ever informed himself as to the character
and political principles of those I represent?
For his information I will tell him, that it is one
, of the strongest Democratic districts in the State
of Pennsyh-flMtt, If by Abolitionists he mtwns
a class of persons who assail the Constitution,
and seek the overthrow of slavery by violent or
unlawful means, then, sir, there are no Abolitionists
in my district. If by Abolitionists, the gentleman
intends to be understood all such as are
opposed to the extension of slavery, then, sir, we
are all Abolitionists together. It isthe most radical,
thorough, inflexible Democratic district in
the State; and has ever been true to the maintenance
of the great cardinal principles of the
Republican party?opposed to a high protective
tariff, to a national hank, to extravagant
s hemes of internal improvement by the General
Government, to a distribution of the proceeds of
the public lands; and in favor of the independent
treasury, and of every other measure with
which the Republican party has been identified
for the last twenty years Nay, more: it took the
lead in Pennsylvania in support of many of these
great questions. The Democracy of my district
advocated the independent treasury, and a more
liberal revenue policy, before either of those
great measures hail commended themselves to
popular favor with the party in that State. I was
with them then, 1 am with them now. It is a
part of their faith, and a part which will not he
compromised or surrendered, that slavery ought
not to be extended over the free soil of this continent.
They embrace this great principle as a
part of their creed ; and they will stand by it to
the last, against all temptation, and in the face of
all opposition They will adhere to their princi
pies; they will make them the guide of their
action, the rule of their conduct. They will follow
no organization that has for its object the
prostration of their principles. The gentleman
from Illinois would read thein out of the party
When they are excluded from the Democratic
party, it will be past hope in Pennsylvania.
That State will then have taken its position permanently
in the ranks of the opposition. Put I
do not believe that they will allow the gentleman
from Illinois to excommunicate them from the
Democratic party , nor witt Hi?
the entire South move them one jot or tittle trom
their principles
1 have said, Mr. Chairman, in my judgment
this whole controversy would have been settled
without agitation, ami without this protracted
struggle, which some gentlemen profess to think
endangers the stability of the Union, had the
Representatives from the North faithfully carried
out the will of their constituents I do not intend
this remark as a reflection upon the gentleman
from Illinois. His district, for aught I know, may
be as pro-slavery as himself. It is not. my purpose,
Mr. Chuirmnn, to reflect upon the motives
or oouduct of any gentleman in this House. It
would be out of order for me to do so ; yet 1 cannot
but feel, that the true way to settle existing
coutrover-ies is not by patched-up compromises,
which ought to have, and can have, no force, if
mude against the publio sentiment of the country.
: The principles upon which this controversy should
be settled are the same as those upon which all
great political questions should be settled in a
Government like our own ? by an honest and
faithful representation on this floor, and in the
other branch of Congress, of the voice of our respective
constituencies Let every man vote as
his constituents desire him to vote?as it was understood
he would vote when a candidate for an
election to a seat in this Hall ? then, sir, you
would have expressed the voioe of the country.
A settlement upon such a basis would stand?
would command respect. It would be in harmony
with the spirit and genius of our institutions.
Upon this basis alone ought all great questions to
be settled ; and had it been faithfully acted upon,
the present controversy would never have had an
existence. The question of slavery in our Territories
would have been long since settled, and
settled on the side of Freedom. But it would
seem that a different atmosphere prevails here
from that which gentlemen breathe at home. We
have here political combinations looking to the
Presidency, and to the patronage dispensed from
that high office. Men become the mere partisans
of Presidential aspirants, instead of the faithful
representatives of the People. Party interests anil
party success exert a controlling influence over
the deliberations of Congress. It is but a short
time since, when the Representatives from the
North, who occunv seats on the other side of this
House, were, to a man, the advocates of positive
legislative prohibition against the exteneion of
slavery Ay! sir, it was an " old principle of the
Whig party! A devoutly-cherished doctrine!
They hud always opposed the controlling influence
of elaeery in the Government! The Deinocrary
had always courted and succumbed to
the Slave Power." Such, hut a short time ago,
was the universal language of Northern Whigs,
in and out of this House I well remember with
what alacrity and teal they walked tip to the
vote?always ready, always anxious It was not
then prrn?ature?there was no dodging in those
days Who so blind as not to see that a great
change hits come over the lenders of that party,
and the representatives of that party on this floor?
After having obtained power by profession* of
signal and lasting devotion to Freedom, they now
seek to retain it by compromises with Sltvery.
They are now willing to abandon the old policy
of entorcing the Ordinance of 1787. Indeed, they
have abandoned it for the " non-action " policy of
the late Executive. The new dynnsty, it is said,
fuvnra a different tinlirv : it is disnosfsl. so savs
? ?- I J ' -- 1 1 ? ?
rumor, to take passage in the Omnibus, which has
been lumbering its way for montha through the
Senate If this be so, we shall soon see & corresponding
change in the position of party leaders
Lenders can change to order?the People are not
so facile The masses expect nothing, ask for
nothing, from Government, except just and wholesome
laws. They love principle, and follow it
with earnest and honest purpose, unless misled by
ambitious nnd selfish men. They want the old
policy restored, they want securities and guarantees
for Freedom ? they want the Jefiersonian
Ordinance reenacted If, by the force of circumstances,
our Territories should he preserved from
the threatened encroachments of Slavery, and
finslly be admitted as free States, (a result which
non-action leaves to the hazard of chance,) still
slavery will have triumphed, if we fail to assert
the rights of freedom. The policy of this Government
should be settled now and forever, against
the further extension of slavery. This is rendered
necessary by the startling demands of slavery,
of its right to extend wherever the flag of
the Union floats.
Put, as I was saying, our friends on the other
side have undergone a change; and 1 fear that
another and more sudden change awaits them
General Taylor ia dead. The brave and honest
old chief reposes in the grave. He has no more
favora to bestow ; the mantle of his power has
fallen upon another. A late Senator, he who
"treads no shy backward," is elevated \fi the I
premiership. Henoeforth his word ia to have a i
magical influence and power. As Senator, and I
Taylor living, it had loat its charm , as premier, ]
it is to be potential. I shall expect to see his dis- I i
[IE NATIONAL ERA,
coveries in " physical geography" adopted hy the t
faithful. We shall see, sir, what we shall see. <
Whatever course gentlemen may adopt, one thing i
is ceitain, that a Urge majority took their seats 1
in the present Congress, pledged to the support i
of th- Proviso This fact is known to those who I
hear lie, and to the whole country. It will stand i
in hiaory. and the shameful reoord will also be 1
written, that some were faithless to those pledg- I
es?tint they Shorinopd principle and honor, to ; i
propitiste power. There ere not three men from I
the free Slates, on the opposite side of the House, ]
who. when elected, were not understood hy their <
constituents to be in favor of legislative action i
against the extension of slavery. The same is <
true of a lftrge majority of the Democrats. I i
know of some who gave their solemn pledges in
writing, to stand by the principle to the last, and i
againii all oompromises, who have publicly declared
their purpose to abandon it. This, sir, is
shameful; yet it is hy such treachery as this, that
slavery is to gain a triumph. If the Ordinance of
freedom into be thus defeated, it is not by the voice
of the people; it is defeated by the betrayal of
their representatives. And is such a betrayal of
high trusts to be dignified with the name of " compromise?"
Do gentlemen expect such a settlement
to itand ? Is this the way in which peace is
to be rettored to the country ? Are the people to
be cheated, and then called upon to thank as public
benefactor* those who defrauded thein ? A
distingukbed Senator?he again who " treads no
step backward '?in a recent speech, labored ear *?,
?t waa.the dut? of a. repre
J/->
wr*L,~ ?' ai# Anms>'w>nte whenever, in his }
by. He eontended that the faithful represents- i
tive?he who religiously observed his pledges
who faithfully and honestly, by his speech and i
votes, carried out in these Halls the views of his
constituents?was a slave himself, and that n proviso
was needed to free such a one from bondage.
Sir, neither great talents, nor exalted position,
can sanctify such doctrines. They strike at the
foundations of our system of Government. They
?a! 111 -_i! A ! Tla O
are anu-rrpunnuiin, udii nncn?u. t uc ocuntor
himself gave us a shameful example of their
mischievous influence, when he turned his back
upon the unanimous instructions of his own 8tate.
I subscribe to no such sentiments. I tolerate no
such dcctrines, in politics or in morals. I can respect,
n?j more, I can applaud the man who votes
for slavery, when I believe he is fairly reflecting
the principles and feelingsof those he represents ;
but I have only loathing and contempt for him
who, by false professions, obtains a high place,
and then betrays the confidence reposed in him.
Mr. Chairman, I do not desire agitation ; but (
cannot consent to avoid it. by a tame and silent
submission to wrong I will not see, without a
struggle to avert it, this Government, established
by the price of blood, upon the great foundations
of Freedom, subverted to the accursed purpose of
the extension of slavery Its power shall never be
wielded to such ends, if by any humble efforts of
mine I can prevent it. So long as there can be
found auoh men in the North, as the gentleman
from Illinois, to stand here and do the work of
slavery, so long there will be agitation?an agitation
that, by-aud-by, will reach the constituents
of the gentleman, and light up the fires of Truth
and Freedom in his district. When that day
c >mes, as it surely will come, we shall hear no i
more of the gentleman from Illinois, and the like
of him. i
A great truth cannot be trampled in the dust?
a great principle of right cannot be broken down i
Freedom will live?truth and justice will live?
live in the hearts of men?live in the attributes i
of God?live forever.
This Government is not a government of sla- i
very, but of freedom We hold that slavery is i
not a national institution?that it should be kept
within the limits of the States where it is tolera- 1
ted ; and these are doctrines which no pretended i
compromise can crush?no political combinations <
put down.
In the last Presidential contest, the South |
brought to bear the influence of this sixteen hun- I
drcd millions of slave property. She declared |
that no man should receive her support for the
Presidency who did not bow down in abject and
slavish submission to this mighty power of the i
South Northern aspirants for that high office 1
humbled themselves in the dust, but they failed <
of the reward. The price of shame and of humil- |
iation was not paid, and I trust in God th it it never i
will be paid. The ambitious and aspiring must
learn that they cannot reach the Presidency by a i
basehowingdowntothepowerofslavery. Thisles- I
"c ' ?o d w /\f tka riAAnlo t rt tnuuh t kam i
nun II. in . nc urn ] ?. rvP'" iwi.n ??= ".
This is the only remedy for duugbfaceisin?it in I
a sure and certain cure, it is a constitutional, it
peaceful remedy?the remedy of the ballot-box.
i shall not fear to resort, to it, whenever occasion
requires its application.
Mr. COM3 of Alabama, (Mr. Wit.mot yielding
the tloor ) I wtsn to as* the gentleman ir he
would vote for any man for the office of President
who was the owner of slaves.
Mr. W1LMOT. Certainly sir?most cheerfully,
if he agreed with tne in principle. I make
principle the guide of my political action. Principle,
and principle nlone, controls my votes; not
the location of candidates, or the nature of the
property they may hold.
Mr. COBR. Would the gentleman own a slave
himself?
Mr. Wll.MOT. I have no wish to he the owner
of one. God forbid that I should ever be placed
in circumstances where my interests or conveni
ence should tempt me to become the owner of one
I'pon this subject 1 confess that my moral sensibilities
are not as keenly alive to the wrongs of
slavery as they ought to be. I am not so good a
man as I wish I was. I wish that I could feel for
the wrongs of others as keenly us I feel a wrong
when inflicted upon myself. 1 make no pretension
to any such exalted virtue. Gentlemen who
have done me the honor to listen to my speeches
upon this subject, will remember that I have never
discussed this question in its moral aspects.
That task I have left to others, better able to do
it justice. I have examined it as a political question?as
a question affecting the rights of the
people, and the policy and character of the Government.
Apart from all moral considerations, I
am opposed to the further extension of slavery,
as a political evil of the first magnitude. Slavery
is Mnti-repuhlican?it is aristocratic in all its tendencies
and results?it is subversive of those great
principles which lay at the foundation of all free
Governments. It is a great moneyed interest?
a vast pecuniary capital, with the heartless instincts
of capital, and I am deadly hostile to the
control of capital in this Government. It is in theory,
and should be in practice, a Government of
the people. It belongs to the free masses of
the country. It is theirs to enjoy, to defend They
have a right to mould it to their pleasure, to determine
its policy, to direct it to the advancement of
their happiness and prosperity. Slavery seeks to
wield it to its own selfish ends?to the autmort
and perpetuation of its vast capital in human flesh
ami blood 1 oppose the extension of slavery, because
it is an element of weaknesa in States. 1
speak with no feelings of nnkindness towards the
South, hut I utter my earnest convictions when I I
say, that the South is weak?weak in all the elements
of Btrength and greatness?weak to resist
a foreign foe, and only weak because of the insti- <
tution of slavery. It is the men who perform the
labor of a country that must defend it in the hour
of danger The men who perform the labor of (
the South are slaves Yon dare not place the
means of defence in their hsnds. You dare not i
give them artna. and teach them their use, lest
they turn them against yourselves If your i
young and able-bodied men goto the field in large
nuniborp, you leave your families, your women i
and children, exposed to a terrible enemy at home i
It is an clement of weakness in States, and for i
this reason I am opposed to its extension.
dMAtke?. iVa, at I ?
niiuiuri i r?w)ii iiuiwiiufli?uutB(( lur vtuv in*
crease of slavery in the last sixty years, I entertain
the hope so ardently cherished by our fathers,
of its ultimate extinction. 1 look forward to some
tiny?recinte it tnsy he?when the South, in it*
own way. Hnd by its own voluntary action, will
set about thereat workof enunciation, and the
eeparniien of the two races; in which work, I
trust the North will cooperate to the full extent
of its resources and power .The day must come,
or there will be a night of terror and of blood.
Slavery cannot be eternal. 1 cannot contemplate
the prospect of perpetual slavery, without seeing
the future of my country shrouded in darkness and
in gloom. The extension of slavery will postpone
t|e day of deliverance?magnify its difficulties,
if, indeed it does not make them insurmountable.
(Slavery I have before stated to be a pecuniary
question?a question of capital, of dollars
Hti/1 cents. This is the light in w hich it is
viewed by the master , to the slave it is a question
of liberty, and of all a man holds dear and sacred.
It willicontiuue so long ss it is valuable?so long
will thpae who have property in it, hold on to slavery
with a grasp that cannot be broken. Every
one aoknowledgesthat slavery would become valueless
much sooner, if confined to ita present limits,
than f extended over a wider space. This, Southern
gfntlenmn tell ua, ia the reason why they are
determined to extend it; and they charge upon
us, w&> ars opposed to its extension, a desire to
hringabout abolition, by hemming them in, and t
thereby making their property worthless We
dono wrong to our Southern friends in opposing 1
the intension of slavery, although the policy of
nnnd xtension will hasten the day when slaves
shall he without value, aud slavery shall cease to t
exist Qod has established oertain greet laws, by t
the fllent and sure operation of which, slavery i
rnuaf ultimately be extinguished. It cannot long \
stand against the law of population, without constant
expansion. If the laws of natnre and of i
population neooeearily tend to diminish the valae f
of slave property, why should we be called upon i
, WASHINGTON, I).
o retard their operation?to Rare the institution
>f slavery from their influe*e by au extension of
t? area ? Gentlemen of the South see that the
ield of labor is fast filling up . that the laborers
ire increasing, and that, unless the field is enlarged,
labor will cheapen, and the laborer himtelf
beoome worthless as an element of property
They see clearly that at no distant day they will
be compelled, by the force of natural laws, to commence
the work of emancipation, unleas that day
is put off by the opening of new fields for slave
labor. Sir. I would not obstruct the operation
of God'a laws I certainly would not interfere to
nave slavery from their influence. Looking, aa I
do, to the day of our ultimate redemption from
this curse, I wish it to come before the evil shall
have grown to auch giant propor ions as to defy
our efforts for a peaceful deliverance. I do not
wish the evil to grow beyond our control. We
might, by a mighty effort, solve peacefully, and
without blood, the problem of slavery, with ten
milliona of blacks. No human power can solve it
with fifty or a hundred millions. It aould break
iu l'ragmenta the strongest Government on earth ;
it would produce scenes of commotion, strife, and
blood, such as the world never saw .Why will
gentlemen bring certain and wide-spread ruin
upon the country? It is the spirit of selfishness
that invokes this destruction upon our
land?the selfishness of grent interests, the selfishness
of oapiul. blind to everything but its immediate
and prozimAte interest. For resistance
to this spirit of selfishness, for seeking to avert
from mji country this terrible doom, I am assailed
hv thV tWil<nafth Wuui' I'tJ&.LJ !v>? T.X"
and studied denunciation.
uJk
a settiea suu nxeu u*v?i uui?>.w
people in the free States to resist, by every lawful
and constitutional means, the extension of slavery.
i ury may ue oeinjcu u/ iucii ic^rcocuwiinco?
I fear they will he; they may, for a time, be misled
by thoee in whom they hare placed confidence?party
leaders may lick tbedustatthe bidding
of slavery, may kiss its bloody hands?party
organization may be used to crush the advocates
of liberty?yet, sir, the great heart of the people
beats for freedom. Gentlemen will learn that a
cheat is no settlement?that a betrayal of trust
is no adjustment of difficulties?that the arrangements
of Presidential aspirants is no compromise
Agitation is not to be quieted by the perpetration
of wrong. The friends of freedom will counsel
no resistance to established law; but they will
not cease to appeal to the judgments and the
hearts of men, in behalf of righteousness and
truth. Gentlemen want peace, quiet. Cease to
urge a wrong,and you will hare a peace What
is the quiet they want ? Freedom from agitation
on the subject of slavery. 1 will tell gentlemen
how they can have quiet on this suhjec" S- parate
the General Government from all responsibility
for the existence or support of slavery. Keep
your institutions within your States,and you will
have no agitation. Ce ?a tUe tyranny
of slavery in this Government?immolate no more
Northern men. You provoke agitation by the injustioe
of your demands You declare your purpoae
to extend alav. ry into free territory, and
when we offer resistance, when we demand for
freedom the profec'ion and security of law, you
cry out against agitation. You ask us to reverse
(he policy of theGovernr ~nt in behalf of slavery
and ita interest-, and because we refu-e, you complain
of injustice and wrong. We are struggling
to maintain, against your encroachments, the
early and settled policy of the Government. 1
stand upon this question of slavery extension,
where Jefferson, and Madison, and Henry, stood
sixty years ago. Were they now living, they
would advocate the policy 1 have advocated They
riid so, in their day and generation. They would
io so now.
n is me vast increase or mi* stave capital wnicn
has taken place in the last half century, that ereales
all our present difficulties. From two hun- :
Ired millions of dollars it has grown to sixteen
hundred millions. This immense capital is Strug- :
gling for perpetuity and power. It wishes to
make slavery eternal. This is your fanaticism,
gentlemen of the South?the fauaticistn of slavery?of
sixteen hundred millions of dollars ! It
is a oold, calculating fanaticism. It feeds on the
souls and blood of men. Talk to me about fanaticism
1 May God preserve me from the fanaticism
of slavery?from that fanaticism which forgets
humanity and its rights, in the pursuit of an
ill-absorbing selfishness.
Mr. Chairman, I have been led almost unconsciously
into these protracted remarks. 1 contemplated
but a few words when I aroee. My
nbject more particularly was to address myself to
the gentleman from Illinois, [Mr McClernand,]
uhI to repel the charge brought by hiui against
the friends of freedom, of a desire to defeat the
impropriation bills. They have never entertained
such a thought. They are loyal to the Constitution
and to the Government of their coun- ,
try?toyat, sir, aaa true. Ttiey desire action on I
California?thftt great question, which, more than
any other, engrosses the mind of the nation. It
is a shame?a personal dishonor to Northern
men?that California is not yet admitted into the
Union. Why this protracted delay ? Why this
continual postponement of a measure which they
all profess to favor? Are gentlemen afraid to
act? Are we cowards, that we dare not perform
our constitutional duty ? Do we fear to take
hold of the work which we came here to do ? Sir,
let us have done with this timid, this cowardly
policy. Let us act. There is honor and safety
in action?dishonor and danger in further delay.
The gentleman from Illinois is waiting the action
of the Senate on the "Omnibus bill." After
eight months of the session is exhausted, he is
for giving time for slavery to mature its plans.
When slavery is in danger, the gentleman is ever
rendy and prompt in HCtion. No measure of slavery
was ever delayed an hour for want of the
gentleman's aid. Freedom must stand back, and
only euter these Halls in the manner and at the
hour slavery shall dictate.
I wish that the vote of to-day should arrest
?Yw. ..n,?# >k< r u i.
throughout the length ami breadth of the land,
that the consideration of California was postponed,
to make way for an appropriation bill for
the support of the Military Academy at West
Point?a bill which there was no occasion for
Creasing upon our attention, and which could
are been acted upon a fortnight or a month
hence, without any detriment to the public serrioe.
This was done by the rotes of the South,
united with the great body of Northern Whigs,
and a few Northern Democrats. California postponed,
after eight months' delay, hy the strong
rote of nintty-three to s\rty! Yet, in the face of
this rote, men will go home and try to make their
constituents heliere that they wire friendly to
the early and unconditional admission of California.
DERATE ON THE " HIGHER POWER."
In the Senate of the (Jolted State*, July '2f>, 1B.V).
Mr. Seward haring delivered a speech in support
of his proposition to admit New Mexico as a
State?
Mr. Pratt. I desire to say a word, sir, as to
what I coDceiveto be the most extraordinary proposition
erer submitted to this laxly. I apprehend
that such a proposition would not hare emanated
from any other source than that from which it has
come I feel confident that when the yeas and
nays are taken, as 1 intend to more hefore 1 tike
my seal that they shall be, the Senator from New
York [Mr SswaroJ will stand alone,because 1 am
sure that there is no other member of this body
who has at least adranctd openly to the body his
otter disregard of the Con*iitution and his oath
to support it. Upon two occasion*, as it is known
(o every member of the Senate, the Senator from
New York has announced here that from the
origin of thin Government there have been two
orgauized principles, warring one against the
other, which mum result in the course of time in
the destruction by the more powerful of those
principles of the other. The principle of human
liberty, as he terms it, and the assumption in the
Constitution of the universal equality of man, he
has avowed to be the higher law, which he feels
himself constrained to obey, although it may conflict
with the express provisions of the Constitution
and his oath to support that instrument. For
riample, he believes and admits that the Constitution
of the United States positively prohibits the
Congress of the United States from abolishing
ilavery within the States Yet inasmuch as this
higher law, this principle of human liberty, comes
n conflict with that constitutional prohibition, he
isya that he ahould be bound by this higher law,
?nd he would disregard the Constitution of his
jountry ; he would disregard the oath which he
has taken to support it before he took his seat
Sere; and he would rote for that admitted unconstitutional
act?the abolition of slavery within
he States of this Union. 1 think, then, Mr. President,
that I am right in asauming that no other
Senator upon this floor would hove offered the
[imposition upon which I am now about to comueut,
because it is in every one of its features
lirectly subversive of every constitutional provision
in referenoe to the formation of States.
Mr Skwakd (interposing) Will the Senator
illow me a word of explanation 7
The Prksiuknt. Doee the Senator from Maryand
yield the floor 7
Mr. Pratt aseented.
Mr 8kw?rd Mr. President, I distinctly deny
hat I have ever, on this floor or elsewhere, mainained
one solitary priMMtf all the principles
ahich have been put j^^^Kouth and charged
jpon me by the SenatoJ^HpMaryland.
Mr. Pratt. Why,J^^hen the honorable
"Senator should be v?y mnch obliged to me for
[iving him an opportunity of denying what is
iniversally believed hare. Uoee the Seuatordeny
C., AUGUST 22, 185(
that he hu said and reiterated here that there is i
a law above the Constitution, which he felt bound i
to obey 7 Does he deny that 7 <
Mr. Siward. Yes, sir, I deny thst. I
[ Mr. 8 states that he understood Mr 1'. to have i
added the words, " when it oooflicts with the Con- |
stitution," and replied accordingly ?Rer )
Mr. Pratt. Then, sir. he denies, Mr. Presi- j
1 a ?*? ha Kal 1 l)AT6
I UCIJI, W UBV rrrrJ uinu EUVWU ur ?? - I
heard him say it OTer and o?? again and the
Senator's denial does not make untrue what I
assert I hare heard him say, that there was a
higher law. 1
Mr. Skwahd (in his seat) 1 do not deny that
Mr. Pratt. I call upon every Senator who j
hears me to say whether the Senator from New |
York did not say there was a higher law; a
higher law than the Constitution, which he felt (
bound to obey when it came in oocflict with the
Constitution. I
Mr. Seward (in his seat) I did not.
Mr. Pratt. I call upon any Senator upon this |
floor, other than the Seuator from New York, to j
deny that he said so.
Mr. Baldwin. As the appeal has been made (
to other Senators, 1 must say, simply, that I did
not understand the Beutiment uttered by the Sen- (
ator from New York as it hits been stated by the
Senator from Maryland.
Mr. Foots (in his seat.) Everybody else did.
Mr. Pratt. I do not know what the Senator
from Connecticut means by this disavowal. If he
means that my commentary upon what the Sena- (
tor has said is not exactly correct, that may be so.
R?t UMtotm M?Kot denv that he heard
*-? ( ~ 4 ? i" T ' ' \ ,
)ow ?ka? ik? Conjuitntinn. which he telt oound ),
? W- C. (la r
stitution. 1
Mr. Baldwii>. 1 happen not to have a copy of \
the speech of the Senator from New York here,
and 1 cannot of course be expected to give the precise
words. I understood the Senator to state that
there was a higher law than the Constitution,
which was in hnrmony with the provisions of the
Constitution.
Mr. Pratt. Now, Mr. President, it will be in
the recollection of every one who hears me, that
in the second speech which was made by the Senator
from New York?-one which displays all that
preparation which I think every Senator should
give to everything they are about to utter in this
j body?which, if it had been displayed in a better
cause, would have been worthy of his country? I
! he reiterated the sentiment contained in his first
speech, and then uttered the sentiment 1 have
stated, that there were two antagonist principles ;
! ingrafted originally in the Constitution, and those
; two antagonist principles were the alleged equal- |
ity of man and the principle of domestic slavery?the
recognition of domestic slavery.
Now, Mr. President, he avowed further, and I j
think that every one here will agree with me, that
whenever these antagonist principles of which he
was speaking came in conflict with the Constitution,
the higher law would be obeyed* by hiur in
preference to the Constitution itself. I have
spoken of this matter to all .ihe friends of that
Senator, and this is the first time I ever heard '
any one say he understood him differently from ;
what I have stated. I have mentioned it to them
with the announcement of the intention on my
part to move the expulsion of that Senstor as a
member of this body. I have stated that when
that Senator took his seat here, he was bound, as
we were, to comply with that article of the Constitution
which says that Senators, before they '
take their seats, shall swear to support the Constitution
I have said to them that if, when he 1
c ime to the book to take that oath, if he had re- \
fused to take the oath, he oould not have taken
his seat; or if he had promulgated to the Senate
the reservation which he now makes or has hith '
erto made, with reference to this superior law, so
ss to make invalid that oath, there is not a Senator
that would have permitted him to take it.
Therefore, sir, if he had not concealed his understanding
of the obligations which he was about to
take upon himself, be would not have been permitted
to take his seat here. I contended for this
with his friends, and none of them said 1 was
wrong in the facts. I contended that with these
opinions we ought to torn him out of the body, as
he never should have taken a seat here.
Mr. President, 1 now come to the amendment,
which is this
Insert after the word "That,"' in the first line,
the following
"New Mexico shall, on proclamation by the
President of the United States, he admitted as a
State into this Union, on an equal footing with
the original States. Provided, That the President,
before issuing such proclamation, shall be satisfied
that the Constitution recently framed by the Convention
of New Mexioo has been approved and
ratified by the people of New Mexioo in the elec
tion held for the purpose of considering it, on the
20th June last."
Here, then, sir, Is a proposition that Congress
should admit New Mexico ae a Siate inlo this
Union with a Constitution which Congress has
never aeen, establishing boundaries not known to
the Senate or to any one else; that we should direct
the President of the United States to proclaim
the admission of New Mexico as a State, with
whatever boundaries she may choose to assume,
even if they include half or two-thirds of Texas,
and whether that Constitution is republican in
its form or not, provided he shall believe that the
people of New Mexico are willing. Therefore,
if they have established a Government not republican
in its form?a kingly Government?the
provision of the Constitution which says that we
shall admit no Stats which is not republican in
its form, or if by its boundaries it includes a part
of Texas, that provision of the Constitution which
prohibits separating from the limits of any State,
without the assent of that State, are to be disregarded,
and New Mexico is still to be admitted
as a State by proclamation, although she does
segregate parts of other States without the assent
of those States, and although her Constitution
may not be in a republican form. Am I not right.,
then, in saying that no one?except the Senator
from New York?entertaining his opinions, could
submit a proposition like this? Am I not right
in saying that there is no Senator upon this floor?
and 1 ask the yeas and nays to see if there is any <
one?who will vote for an amendment directly
violative of these two clauses of the Constitution
to which 1 have referred?
Mr. President, t have desired upon all occasions,
and I am sure that it is still my determination,
to cultivate toward my brother Senators
feelings of harmony and respect, so far as 1 am
capable of entertaining them. I will not say?I
will not pretend to say?that such feelings can
be entertained by me with reference to such a
proposition as this, or to the member of the Senate
who made it.
Mr. Dayton. Mr. President?
Thk President. Did the Senator from Maryland
ask for the yeas and nays I
Mr. Pratt. Yes, sir.
Mr. Dayton. Mr. President, I have a request?
Thk President. The Senator will suspend until
it is ascertained whether the yean and nays are
ordered.
The yeas and nays were then ordered.
Mr Dayton. After the yeas and nays are or- I
dered, the request tbat I have to make cannot be
complied with I meant merely to aak the Senator
from New York whether it would not be better
for him to withdraw hia propooition.
Mr. Clay (in hia aeat) I object.
Mr. Pratt (in hia aeat.) The yeas and nays ,
have been ordered.
Mr. Seward If there ia any proportion 1 hare
ever made, any measure I hare ever proposed,
which i am witling to atand by here, before the
country and the world, it ia the proposition I
have now submitted Therefore, though I stand
alone, I shall be content, convinced that I atand i
tight
I do not propose to reply to what ia personal i
to myself in the remark* of the honorable Senator
from Maryland. I have nothing of a personal '
character to say. There ia no man in this land \
who is of sufficient importance to this country i
and to mankind to justify hia consumption of five I
minutes of the time of the Senate of the United
States, with personal explications relating to him- j
self. When the Senator made his remarks, I rose
to express to him the fact tbat he was under a misapprehension
The speeches which I have made I
here, under a rule of the Senate, are recorded, I
and what ia recorded has gone before the People, i
and will go, worthy or not, into history. I leave i
them to mankind. I stand by what I have said I
That ia all I have to say upon that sut\ject. I
The Senator proposes to expel me. I am ready
to meet that trial too; and if I shall be expelled, I i
shall not be the first man subjected to punishment I
for maintaining that there is a power higher than <
human law, and that power delighta in justice; I
that rulers, whether despots or elected rulers of I
a free people, are bound to administer justice for i
the benefit of society. Senators, when they please i
to bring me for trial, or otherwise, before the ]
Senate of the United Slates, will find s clear and <
open field I ask no other defence than the I
speeches upon wbioh they propoee to condemn I
me. The apeeohee will read for themselves, and t
they will need no comment from ma i
Mr. President, the objection which is made to I
the proposition which I haws submitted to ths 1
Senate is this: that it may bring into the United
Sratee a royal or hingly Government. 8ir, here t
is the Constitution of New Mexioo, tent to me <
by one who attended the Convention of New |
Mexico. 1 have just as wood evidence to aetisfy <
me tbat this Is ths ma! Constitution of Nsw t
Mexico, ss I had to sstiafy mo that the honorable t
Senator from Maryland had been elected n mom- <
ber of this branch of tho Legislature when I 1
heard his credentials read. t
Now, eir, I em prepared to answer the only nr- I
gument of ths honorable Senator from Maryland <
).
igaiust the admission of New Mexico, which is,
that the Constitution of New Mexibo may be one
reating a kinglj Gorernmsnt, If the honorable
Senator does not disdain to examine a Constitution
not officially laid before the Senate. It begins
with these words
" Wo, tbo people of New Mtxino, Is order to ootablUh
inetteo, promote tho welfare, and oaeare thy bles?iu?a of
iherty to oureeleea and our posterity1'?
This, so far, is the language of the Constitution
of the United States. Then it proceeds to
utter what the Senator from Maryland will consider
a dangerous heresy:
" Acknowledging with grateful heart* th? gmwlneiiii of the
N.irereigri Kuler of the Unlvarae, and imploring Hi* kid
mil direction In it* awmplUbnient, do ordain knd e*tabiah
the following ( onmitutii n
We see that here are a people who acknowledge
\ higher power than the Constitution.
Mr. Pratt (interposing) Does the Senator
mean to say that I consider that a heresy ?
Mr. Seward. 1 aay that the Senator characterized
what 1 said as heresy when I expressed
precisely this opinion.
Mr Pratt. Will the Senator yield the floor
a moment ?
Mr. Seward Certainly ; but I give the Senator
notice that I shall make no answer.
Mr. Pratt. Mr President, when one asserts,
1 am sorry to say, what he knows to be untrue?
Several 8enators Order! order!
Mr. Pratt. I beg pardon. Mr. President?
Mr. Skward. I hope the Senator may Be permitted
to proceed.
Mr. Pratt. ^ was about to say, that when a
Senator mnkea an anol|cation to myself which is
-... >)?? i ,1,. A.*,'. . '
that Senator that nothing which I can say will in- (
. >* -- r . -V , ?j . r- *-w -? ... .
myself should induce me to say movnvng.
Mr. Skwaru. These people of New Mexico
then say they hare "established a Government
for the purpose of establishing Justice, securing
the blessings of Liberty for themselves and for
posterity, and that they acknowledge the superintending
power of the Sovereign Ruler of the
Universe, and invoke His blessing
Now. let us see what kind of Government they
make. They form themselves into a free aud
independent State, by the name of New Mex
ico. The next question is whether they bare established
a " kingly" Government. This may be
learned from their declaration of rights:
" All men being born equally free and independent, anil
baring certain natural, inherent, and inalienable rtghta,
amoimst which are the e" joying and defending of life and
liberty, the acquirement, possession, and protection of pr perty,
and the pursuit of and attainment of happineae: thereice
no male person shall be held by law to serve any per
on as a screen*, slave, or apprentice after lie arrive* at the
age of twenty one year*; nor temale in like m?nner, after
be arrive* at the age of eighteen year*; unlea* they be .
bound by their own consent, after they arrive at such age,
or are bound by law eor punishment of crime.
' All power Is inherent in the people; all fre* Government*
are founded In thMr authority; they have therefore ?n inalmable
and indefeasible right to Institute Uovernmeut, to
alter and reform, or to totally change the same, when their
safety or happiness requires it."
Weft, Sir, mi fat iu.. .. <?;
it is the republicanism of the British Constitulions
of 16-W, of 16S8, and the American Constitution
of 1776. Well, have they established a
King, with an hereditary aristocracy to exercise
the powers of government? No, sir; quite the
contrary:
" The powers of the Government of the State of New Mexico
shall be divided into three distinct departments, snd
each of them confided to separate bodies of magistracy, to
wit: Those which are legislative, to one; those which are
judicial, to another; and those which are executive, to another
' No person or collection of persons, being of one of those
departments, shall exercise any po?er properly be'orglng to
either of the others, except in those instances hereinafter
expressly directed or permitted.
" The legislative powers of the Sta'e shall be vested in
two distinct branches; one to be styled the Senate, the
other the ^onseof Representatives ; and both together the
legislature of the State of New Mexico The style of all
laws shall be, Be it enacted by the Left stature qf the State
of New Mexico.
" The member? of the House of Representatives shell be
chosen by the qualified electors, and their term of office shall
be two years from the day of their general election ; and the
ses?ioD of the Legislature shall be held annually, at such
time as shall be prescribed by law.
"The Senators shall be chosen by the qualified electors
for th? term of four years, and ehall be divided by lot into
two classes as nearly equal as may be.
" Tbe Governor and Leuteosnt. Governor ehall be sleeted
by tbe qualified electors of the Stats, at tbe time and places
of choosing members of the l egislature
" The Judges of the Supreme Court shall be appointed by
the Governor, with the consent of both Houses of the Logis
lature in joint ballot; and shall hold their offices for the
term of six years, and until their successors be duly nominated
and qualified ''
" A general diffusion of knowledge being essential to the
preserestion of the rights snd liberties of the people, it
hall be (hed'itv of tbe Legislature of this State to make
suitable provisions for the support and maintenance of
public achools.
' The legislature shall, at as early a day as practicable,
establish free a?ho"le throughout the State, and shall furnish
means for their support by luxation, and it sball be
tbe duty of the Legislature to set anart not less than onetwelfth
of the annual revenue of the State, derived from
taxation, as a perpetual fund, which fund shall be appropriated
to the support of free public schools, and no law
shall be made diverting said fund to any other nse.
" Kvery male person of the age of twent y-out years rr
upwards, tAmeans or the (lesceudWDta of Africans, and on
clrlltsed Indiana, exoepted,) belonging to either of the following
classes, and who shall have resided in this State for
six months next preceding any election, shall be a <{ualifled
elector at snrb election:
" f\rit. Lititens of the United States residing in this
State
" Strvnd Persons who elected to remain oiilsens of the
Republic of Mexioo according to article eighth of the treaty
of peace, made and concluded between the United States of
North America and the Republic of Mexico, at Gumtalnpe
Hidalgo, and ratified by the Uongress of the United Sta es
the thirtieth day of May, A.l). 1848, and who shall have
taken, at least six tm-ntbs pre**dtng any election, be- '
fore some judge of the Supreme Court in this State, or be
fore a elcrk o any court of rec rd In this State, an oatb renouncing
aid abjuring allalieglan'e or fealty to the Gov
ernment of the Republic of Mexioo, and to support the
Constitution of the United States and of this State.
' Third Persons of foreign birth, not referred to in the
two preceding clauses, who sball have declared their lutention
to heoome citiiens of the United States, conformably
to the laws of the United States ou the subjeet of naturalisation.
"No soldier in tbe army of the Uuited States shall be entitled
to vote in this State."
This, then, is the Constitution of New Mexico.
It is a republican Constitution, and the Argument
of the Senator from Maryland ngainst the admission
of New Mexico is refuted.
Mr. Dayton. It is no part of my duty to make
any comment upon any course which any Senator
may think in his best judgment to be advisable;
but I cannot but feel that when we are acting
jointly in reference to a measure, we have something
in common, and that there is something
due to each other; and it seems to me that it
would have been better if the Senator from New
York had consulted the views of those who have
concurred generally in their action upon this
measure, and have avoided offering this proposition
at tills time. This amendment belongs altogether
to a different line of policy, and the whole
effect of offering it at this time is to put the vote
before the country infinitely feebler than if the
proposition were to stand alone. Why,sir, I cannot
vote for this amendment, while at the same
time I do not want to vote against the admission
of New Mexico as a State, as an alternative. 1
:annot vote for this amendment to the bill; and I
put it to the Senator from New York, what is the
effect of this amendment, supposing you pass it
ind incorporate it in this bill ? Why, sir, you adopt
four own amendment, and this main line of policy
; and the Senator himself and others will nave
to vote ami net the Omnibus bill. Now, in what
position ere we placed ? I submit, with very great
respect, that it would hare been better and easier
not to hare mixed up this question with the Omnibus
bill Let us stand alone upon our own or a
different policy. 1 do not wish to vote for this
bill. 1 do not wish to rote against the admission
of New Mexico as a State, under proper circumstances,
as a mere alternative.
But I am unwilling to rote for this amendment
for another reason. 1 do think this matter is
premature. 1 am unwilling to transfer to the
President of the United States, or to any other
power on earth, that right which the Constitution
has imposed on us to judge whether the Consiitution
of a State offering herself here is republican
or not. The Constitution of the United States
makes it necessary that Congress should pro- 1
nounce upon that question. How, in the name of
Qod. can we transfer that constitutional duty to
the Executive, and then satisfy our consciences
and our constitutional obligations to that Conatition
1 i cannot do that yet
Again: I am unwilling to place the onus of 1
judging the question of boundary, and other pro 1
riaions of this Constitution, upon the President
This amendment only aays that if the President 1
shall be Batisied that the people of New Mexico 1
bare approved of some Constitution, (what Con- 1
ititution it doee not aay, and we do not know, he- <
:ause the paper from which the Senator has read '
bas no official character,) he shall admit tkein as a 1
State br proclamation.
Mr. Preaident, I regret very much that the Sen- <
itor ahould hare felt it his duty to embarrass us in I
this matter 1 tlonot complain of it, because be bus 1
exercised only his just ami legitimate rights upon
this floor. The effect of this thiag is to drive 1
those to rote against New Mexioo, with the admission
of California, who, if the question were '
teparated and stood alone, and she, with her re- '
publican Constitution, properly authenticated
nuns forward, would feel themselves bound to vote 1
lor it. I cannot vote for her in this bill, because, 1
if the amendment were adopted, you would drive '
k large number of Senators ta vote against it. It 2
s for these reasons 1 would very much bsvs pre- <
erred it, if it would have suited the Senator to '
nave had this proposition withdrawn. '
Mr Sm .i, I regret very much that the Sen- {
ktor from New Jersey has been embarrassed by 1
this proposition He sees that I have not the 1
power now to withdraw it, however much I might 1
lesire to do so. At the same time, I do not And '
that difficulty in the oaee which teems to Ue In
;bs Senator's way. He says be most examine the
Constitution for himself, and not delegate It to the
President of the United States. I have rtftrrw
lotking to the President of the Unllod Statts.
>ut to aaoertain as a historical fbot wbotnsr tie
Constitution has been ratifled by tks peopls or
VOL.
IV.
New Mexico, in a convention held on a certain
day for that purpose The Constitution will then
come up for our adoption. ( stated in the outset
that it was not myself who was responsible for the
premature presentation of the proposition?that
this bill, if it passes. ie a bill which is to shut the
doors against New Mexico when she shall come
here with her Constitution in her hands, and with
her delegates here, to maintain and support her
righta She is turned adrift without making her
appearance, and therefore it is that I am prepared
for one, npon the information I hare, to go for
her admiassion in order to secure her her rights
Other Senators msy set as they in their discretion
may think right and proper. They will t...
their own reasons, I have no doubt, to jostify them"
selves to their constituents in regard to the vote
thej shall give.
Mr. Hale. I concur with the honorable Senator
from New Jersey in what he has said in regard
to the amendment of the Senator from New
Vor k, as a reason for not voting for it. 1 cannot vote
for the proposition for another reason, which be
hoe not adverted to; and that is, because those of
us who have contended against the piling of incongruous
measures in one bill, should preserve
our consistency, if it is worth preserving, (I do not
myself consider it of any very great value.) and go
against increasing the load ; for if California's
back was bent by what was already piled upon
it, this certainly would not lighten the burden.
For that reason I would have preferred that this
proposition should have been presented in a different
shape.
But there was one remark of the Senator from
M,* ?-j tb)U ) wish, tfl advert tn I <t?\ *.*<
. . % ?? prtr^r?ofcc.:
JCU><?tf>/tw fwow NTawr Vawlr Km
L , ? * * " / r -"
suggested his expulsion. If it be t^e announcement
that there waa a higher law than the Constitution,
and which we are bound to obey at all
times and at all haxards, I myself ought to be expelled,
because I believe it. I thought when the
Senate went into the choice of & chaplain to perform
the ceremony of offering prayer and supplication,
that we did reoogniBe that there was a
higher Power over us, and I have not heard of
late years that it was a crimk to recognise a power
higher than human power.
Mr. Pratt (in his seat.) No one denies that.
Mr. Hale, i do remember, recorded in ancient
and sacred history, an occasion somewhat analogous
to this. It is recorded that on a certain occasion
the princes and governors and mighty men
of the realm got together, and suggested to the
king of Babylon to publish a decree that whoever
should put up any prayer or petition to ?ny
other than the king, for the space of three days,
(it was limited to three days only, let it be
remembered ) should be cast into a den of
lions; and I have not heard that that decree
was enforced but three days. The operation was
snoh that it never was renewed in the kingdom of
Babylon ; and I have never heard of any oouutry,
nyyiiiwl or aovaste. where it has been
acknowledge, as individuals or as members of an
organised Government, that there is a Power
higher than year Constitution?that there is a
King of kings, and a Lord of lords, before
whose face the stubborn pride of the Republic
must bend the knee.
Mr. Foots. Mr. President, will the Senator
allow me to ask him?
Mr. Halk. I will get through in a moment
Mr. Foots. It is only a short question.
Mr. Hale. Now, sir, 1 wish this thing to he put
distinctly before us. I wish we might, as individuals,
understand whether it is necessary to a seat on
this floor for us to put the provisions of our Constitution
above the behest of the King of kings
What an idle mockery it is to stand up and reverently
kiss the Holy Book, snd tall upon Him
to help us to maintain its precepts, when in our
hearts we maintain that our Constitution is above
even His supreme authority ! Sir,if this is crime,
I am criminal, if the Senate is to be expurgated
of everybody who believes that sentiment, let the
work commence, and let it commence now. Let
the preamble show the offence of which they are
guilty; that is, that they believed, high and exalted
as the sentiments they entertain of the wisdom
and power of the Constitution which our
fathers formed?that they irreverently believed
that there was a Power higher even than that
power, to which republicans as well as kings must
bow in submission. If it be a crime, sir, I plead
Suilty to it. 1 will not put the Senator from
faryland nor anybody else to the trouble of
proving it. I admit it, I believe it. Sir, 1 believe
that you have no right even to bring the supremacy
of your Republic into conflict with the
commands of the Most High. I believe that sentiment
in its broadest sense, and I have heretofore
supposed that in the action of our Government
and the sentiment of our Government, we had not,
in tKo nlowiitiiria nf nnr rwtvor ami in t.ViA imhri
bled state of our pride, come to that pitch of presumption
that it was to be considered an offence
against the Constitution to bow reverently to the
power of the Most High.
Mr. Pratt. It is a very easy matter, sir,
whan an argument based upon one state of facts
is made, to ahswer it by making sn argument
upon another state of faets which was never
dreamed of by the party who made the argument
in the first case. Does the Senator from New
Hampshire say in his place that he understood
me to say I did not believe in a Supreme Power?
that I objected to the Senator from New York for
looking to a Supreme Power as a higher law than
any human law 7 Did the Senator so understand
me? He knows he did not; and yet he has got
up here, in the manner in which he usually argues,
using a set of phrases which, however well
they may suit certain occasions, and however
they may exhibit the talents of the author of
them, will not apply to e*ery occasion, and have
not just as much application to one state of facts
as another. He assumes the facts to suit the
phrases, and not his speech to suit the facts.
Now, sir, I never said ; and I am sure there is
not a Senator who hears me who does not believe
that I have a higher respect for that 8upreme
Power, whose name is so frequently desecrated
here, than the Senator from New Hampshire.
Mr. Hale. Order!
[The Reporter feels called upon to state that
he understood the Senator to say " whose name
Is so frequently desecrated by the Senator from
New Hampshire," and so be took down the words
at the instant they were uttered ; but, upon further
reflection, considering that the sentence
would have been incomplete by inserting the
preposition " by," and that by the Senator's letting
his voice fall after the word u New Hampshire"
he intended to finish the sentence, the
Reporter is forced to the conclusion that his ear
was mistaken ]
The President. The Senator must not maks
an w nafla^tinn
OU T ? * ?VVH?'U.
Mr. Pratt. 1 have not made any.
Mr. Hale. I call the Senator to order.
Mr. Pratt. 1 hate yet to learn that telling
the truth is out of order.
The President. The Senator will take his
seat until the question of order is stated by the
Senator from New Hampshire.
Mr. Hale. I understood the gentleman to say
that I frequently desecrated the name of the Moat
High
Mr. Footf. (in his seat) He did not say so
The President. The Senator from New
Hampshire will reduce bis words to writing
Mr. Hale, having reduced the words to writing,
passed them to the Chair.
The President. The words, as written down
hy the Senator from New Hampshire, are, that
" the name of the Most High is frequently desecrated
hy that Senator."
Mr. Hale. I bare not had time to put down
the connection in which they occurred, but that
is a part of the language I understood him to
utter.
Mr. Pratt. 1 said "so frequently dese^wf"
in the Senate."
Mr. Chase May 1 be allowed to sug*^ 1
the words heard hy the Senator from New Hampshire
were, " so freqnently desecrated here
The President. The Chair will make it* 1 -
ciaion, and then it will he in order for gentlemen
to appeal from it if thej chooM The words
ret down by the Senator from New Hampshire,
tpplying a remark of this character to an individual
Senator, would certainly be out of order, but
the Chair did not no understand tbe8enetor from
Maryland, or he would hare felt it hia duly to
?11 him to order, as the Chair rarely shrinks
Irotn what be believes to be a discharge of hia
duty.
Mr Hal*. I hope it will be understood by
'he Senate that the word* I have taken down
were uot intentionally miennderatood. I put
them down aa they atruek my ear and tha eara of
revere] gentlemen In my rieinity.
Mr. PeeTT (reenming) Now, Mr. Prealdent,
the higher law of which I apoke waa not the Pirine
law to which the Senator refer*, and before
hey can apply that Divine law ao aa to suffer tha
Senator with whom thie dispute originated to bs
tiempted from the position in which ho ia placed,
lie advocates here must assume thie: that the
Coostitatiea ef the United 8tates is violative of
ikal law?that here is the Cenetitutioa of the
United Suta, wkieh vieUtee the law of tha Supreme
Being, and that therefore a person may
iwanr to support that, although he does vtelate it,
with the mentai reset ration that he is to support
it so fkr aa he dees not violate it. Now, the
whole reaalt ef the peeitioa in which the advomtee
of the Senator over the wey place themaelvee
In the on# whioh I have stated. I oonoeivo th?i
Ida position ia not altered for the better from that
whioh la taken by hia advocates. Now, if
|*KX SECOND PiUI j