The national era. [volume], August 22, 1850, Page 136, Image 5

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|CONTINUED FROM FIRST FAOK.] J
fornla a pack-horse. to b? loaded down with what- il
ever burden his allies may choose to place upon
hor haefc, he would make her pay dearly for w
having Incorporated into her Constitution that *
thing ao hateful to him, the Proriao of Freedom.
He (Mr. W ) was for California,separate from all ?
other questions. He believed it due to that State, | ?
due to ourselves, and, above all, required by the n
of a vast majority of the freemen from whom 14
we profess to speak aud act. 0
What, Mr. Chairman, is the spectacle present- , o
el here? After having acquired all the slave 8
territory upon the continent?after having annex- i
el Texas in hot haste, and at the hasard of the 1
tr which followed that act; now, sir, the free 8
State ot California, with a voting population larger (
thin t h it of one half of the slave Suttee?larger 1
th m Florida, larger than Arkansas, larger than "
Texas, lurger in my judgm* nt, than either Mis- '
SMMppi or Louisiana?this free State is denied '
admission into the Union, only because-ho is/ree. 1
i ea, sir, her only offence is, that she has prohib- 1
ited slavery within her borders. Those who now
&-k that action shall be had upon this subject, are '
denounced as men who desire to keep up a "miserable
excitement" in the public miud. The
gentleman from Illinois [Mr. McClxbsanpI may,
in his conoeption of things, regard it as a miserable
vocat ion, for men to contend earnestly, seriously,
manfully, fur the advance of Freedom, for the
triumph of truth. The gentleman may regard
those efforts only as noble and praiseworthy, j
whioh are put forth in the cause of slavery proparandiam.
and whic>>??v? r?wj*rded with the smiles
Y i* -K-AT ?? ?- ,
" miserable agitation" indeed! to stan? up here]
utter unwelcome truths in the ears of lordly masters,
to expose the schemes of unchastened ambition,
to labor earnestly to bring back this Government
to the policy of its founders, to insist
that the policy of 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 McClkbsand] 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 1787 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 against it in this
House. One was that of the gentleman from Illinois,
and the other that of bis then colleague, now
a member of the Senate, [Mr. T)mir5t.AS ] That
provision, which the gentleman has learned from
his Southern allies to denounce as most infamous,
but fcilly ,lir Jltji, I A?.x,?
tlves from the free States, but the unanimous aid
spontaneous approval of the people throughout
* every free State tc this Union. The people by
tffery form of sxiyeasifcn endorsed it. Legislatures
by unanimous resolutions endorsed it. Had
the public 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 question would
have been settled wiihout 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
rhimninn th* ornntlcmun frnm lift.
nois. The country might have never known that
it held within its bo-om one of such broad, such
comprehensive, such exalted patriotism. This, he
(Mr. W.) confessed, would have hee^i a serious
loan to the country, and a great personal sacrifice
to the gentleman from Illinois; but one which, he
trusted, would huve been cheerfully made, to avoid
that agitation which so alarms and disturbs the
gentleman
Mr. Chairman, It has bpcome 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, and freedom sectional?
He (Vlr. W.) bad been taught by the
fathers of tbe 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 republican
creed. Hence, the efforts of Jefferson to
circumscribe the limits of slavery?efforts glorioaaly
successful in tbe establishment of the Ordinance
of 1787?by which freedom was secured
to the State which the gentleman from Illinois
{Mr. MoCi>hnam>| in part represents. But for j
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,
had 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 ia fast giving to Illinois prosperity
and greatness, 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
hurl Koan tr% nipfiirim^rihA klnvprv within Sfflt? lim.
its?not to interfere with it there, hut 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
pecuniary 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
" money rules the world," is as true in political
as in social affiirs. The money invested in slaves
wields the destinies of this boasted free Republio.
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 concerned, 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 millions of
dollars. He thought the estimate a large one,
but that the sum is large almost beyond computation,
is certain. This 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 Republio,
and rules 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 same here as in
the most grinding despotism of Europe. Money
is cold, selfish, heartless. It has no pulse of humanity,
no feelings of pity or of love. Interest,
gain, accumulation, are the sole instincts of its
nature; and it is the same, whether invested in
manufacturing stock, bmik slock, or the black
atock of the ttouth. Intent on its own interest,
it ia utterly regardless of the rights of humsnity,
It would coin dividends out of the destruction
of souls. Here, then, sir, we have sirteen hundred
millions of cnpi'nl?heartless, unfeeliug capital,
intent on its own pecuniary advancement. It is
here, sir, in these halls, in desperate conflict with
the rights of humanity and ot free labor It is
struggling to clutch in its iron grasp the soil of
the country?that soil which is ni'in'a inheritance,
and which of right should belong to him
who tabors upon it. Sir teen 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 aud God given inheritance. Slavery
must have a wider field, or the money value
of flesh ami blood will deteriorate. Additional
security and strength must he 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 pleading To
oppose the eitension 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 thla money power?to
to do its bidding?to he its instrument and its
tool?is doubtless, in the esteem of the gentleman,
to stand upon a "broad aud national p'atform.''
Freedom and humanity, truth and justice, is a
Elatform too narrow for his enlarged ?nd com preensive
mind?the universality of slavery can
alone All its capacious powers. Slavery ia Democratic?freedom
fanatical I Sir, the gentleman
no doubt sees fanaticism in a bold and fearless
advocacy of the right. With some minds, nothing
is rational and practical, eicept that which 1
pays well That slavery has heretofore paid <
well to thoae who labored in its aervlce, he (Mr I
W ) was prepared to believe The history of I
this Government proves this. Its bills, however, '
have been at a discount since the Presidential ]
election of -18. Its last draft for the Preeidency ?
was dishonored Its credit is shaken as a prompt 1
paymaster ; and the gentleman from Illinois may i
T1
pt find himself in a fanatical position, expend- c
ig his great powers, without adequate reward. f
He (Mr. W ) was eduoated in the republican >
:hool. All his opinions upon political questions i
ere strongly tinctured with the doctrines of that I
:hool. Nowhere in the teachings of the "fathers" c
ad he found it laid down, that Democracy con- 1
is ted in wearing the ooilar of slavery about his i
eck?in bowing down to a heartless money aris- i
ocracy?in supporting the extension of slavery ?
ver the Continent. Such may he the doctrines ]
t the gentleman from Illinois. He may best sub- t
erve his political ends, by standing shoulder to t
houlder with the advooates of Slavery-Extension. <
le may esteem that man a deniHgogue who boldly i
tends up in the face of power, in defiance of ail l
tppoeition, the advocate of truth, the inflexible I
inpporter of principle. There are demagogues, '
towever, who succumb to power; who flatter the ! i
Hrong, and deride the weak ; who are always <
Tound in support of that policy best calculated to i
?dvance their interests , who are ready to change I
opinions with a change of dynasty , and who ever I
lean for support upon some strong, and, as they <
believe, controlling interest. The Slave Power t
has so long held ascendency in this Government, I
tbat certain gentlemen seem to think that their ]
political fortunes are secure, only when they stand i
in close alliance with slaverv. Thev lean unon it i i
for support; they look to it for promotion; they I
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,
sensible of their weakness, lean with their whole
weight udoo the ftrona arm of some ereat interest
" t ? -i .< .*
Mr. Chairman. Are continued.) I am chanted J
"j ? e>~- ? e1 v-v'-s
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 I addressed
myself to propitiate its smiles or its favor ?
When have 1 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
my accuser ? No, sir, no; 1 have kept the faith ;
I have redeemed the solemn pledges 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, I 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
anything about the district from which I come?
Has he ever informed himself as to the character
and political principles of those I represent?
For his information 1 will tell him, that it is one
of the strongest Democratic districts in the State
?1? IT' I, vY*>)?ijmni?ta he means
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 AhoYitionists. the geu- '
tletnnn intends to be understood all such as are
opposed to the extension of slavery, then, sir, we
are all Abolitionists together. It is the most radical,
thorough, indexible 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
8> 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 had commended themselves to
popular favor with the party in that State. I was 1
with them then, I am with them now. It is a
part of their faith, and a part which will not be '
compromised or surrendered, that slavery ought (
not to be extended over trie Tree boh or this con- '
tinent. They embrace this (treat 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 J
action, the rule of their conduct. They will fol- '
low no organization that has for its object the 1
proatratiou of their principles. The gentleman '
from Illinois would read them out of the party. *
When they are excluded from the Democratic "
party, it will be past hope in Pennaylvania. ^
That State will then have taken its position per- a
manently in the rauks of the opposition. But I P
do not believe that they will allow the gentleman '
from Illinois to excommunicate them from the r
Democratic party ; nor will ilie ?f
the entire South move them one jot or tittle trom 1
their principles. '
1 have said, Mr. Chairman, in my judgment '
this whole controversy wouhl have been settled
without agitation, and without this protracted 1
struggle, which some gentlemen profess to think I
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 na a reflection upon the gentleman
from Illinois. His district, for aught 1 know, may
be as pro-slavery as himself. It is not my purpose,
Mr. Chairman, to rtfleet upon the motives
or oonduct of any gentleman in this House. It
would be out of order for me to do so ; yet I cannot
but feel, that the true way to settle existing
controver-ies is not by patched-up compromises,
which ought to have, and can have, no force, if i
made against the publio sentiment of the country, i
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 i
Government like our own ? by an honest nnd I
faithful representation on this floor, and in the '
other brunch of Congress of the voice of our re- I
spective 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 voice of the oountry.
A settlement upon such a basis would stand?
would command respect. It would be in harmony
with the spirit ami genius of our institutions.
Upon this basis alone ought all great ipiestions 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 Ter- s
ritories would have been long since settled, and s
settled on the side of Freedom. Hut it would c
seem that a different atmosphere prevails here r
from that which gentlemen breathe at home. We t
have here political combinations looking to the t
Presidency, and to the patronage dispensed from h
that high office. Men become the mere partisans t
of Presidential aspirants, instead of the faithful t
representatives of the People. Party interests and v
party success exert a controlling influence over a
the deliberations of Congress. It is but a short n
time since, wheu the Representatives from the
North, who occupy seats on the other side of this
House, were, to a man, the advocates of positive
legislative prohibition against the extension of
slavery. Ay! sir, it was an " old principle of the
Whig party! A devoutly-cherished doctrine!
They had always opposed the controlling influence
of slavery in the Government! The Democracy
had always courted and succumbed to
the Slave Power." Such, but a short time ago,
was the universal language of Northern Whigs,
in and out of this House I well remember with
what alacrity and zeal they walked up to the
vote?aVways ready, always anxious It was not.
then premature there was no dodging in those
days. Who so blind as not to see that a great
change has come over the leaders of that party,
and the representatives of that party on this floor?
After having obtained power by professions of
signal and lasting devotion to Freedom, they now
seek to retain it hy compromises with Slavery.
They are now willing to abandon the old policy
of enforcing the Ordinance of 1787. Indeed, they
hAve abandoned it for the " non-action " policy of
the late Executive. The new dynasty, it is said,
favors a different policy; it is disposed, so says
rumor, to take passage in the Omnibus, which has
been lumbering its way for months through the
Senate. If this be so, we shall soon see a corresponding
change in the position of party leaders
Leaders can change to order?the People are not
so facile The masses expect nothing, ask for
noimng tromiiovernmeni. except jusi ana wnnie- j
some law*. They love principle, anil follow it
wiih earnest ami honest purpose, unless misled by
ambitious nnd selfish men. They want the old
policy restored, they want securities nnd guarnntees
for Freedom ? they want the JefFeraonian
Ordinance reenacted If, by the force of circuinstances,
our Territories should be preserved from
the threatened encroachments of Slavery, and
finally he admitted as free States, (a result which
non-action leaves to the harari of chance,) still
slavery will have triumphed, if we fail to assort
the rights of freedom. The policy of this Government
should be settled now and forever, against
the further eitension of slavery. This is rendered
necesssry by the startling demands of slavery,
of its right to extend wherever the flag of
the Union floats.
Hut, as I was aaying, our friends on the other
side have undergooe a change, and 1 fear that
snother and more sudden change awaits them
General Taylor is dead The brave and honest
old chief reposes in the grave lie has no more
favors to bestow . the mantle of his power hss
rail en upon snother. A late Senator, he who
'treads ho step backward? is elevated t0 the n
jremiershlp. Henceforth his word is to have a s
nagioal Influence and power. As Srnator, snd '
rsylor living, it had lost its charm ; as premier, p
t is to be potential. I shall expect to see his die- o
IE NATIONAL ERA,
overies in " physical geography" adopted by the t
aithful. We shall see, sir, what we shall see o
Whatever course gentlemen may adopt, one thing it
s certain, that a large majority took their seats fi
n the present Congress, pledged to the support a
if the Proviso. This fact is known to those who li
tear we, and to the whole country. It will stand s
n hiaory, and the shameful record will also be ']
vritten, that some were faithless to those pledg- b
ta?tlat they sncriticed principle and honor, to n
jropitiate power. There are not three men from ii
he free States, on the oppositeside of the House, li
who, when elected, were not understood by their o
'enstituents to be in favor of legislate action s
igainst the extension of slavery. The same is d
:rue of a large majority of the Democrats. 1 t
know of some who gave their solemn pledges in h
writing, to stand by the principle to the last, and o
against all compromises, who have publicly de- v
clared their purpose to abandon it. This, sir, is j n
shameful; yet it is by such treachery as this, that v
slavery is to gain a triumph. If the Ordinance of i s
freedom isto be thus defeated, it is not by the voice s
of the people; it iB defeated by the betrayal of j i
their representatives. And is such a betrayal of i
high trusts to be dignified with the name of " com- 1
promise?" Do gentlemen expect such a settle- j p
mentto stand ? is this the way in which peace is t
to be retftored to the country ? Are the people to j i
be cheated, and then called upon to thank as pub- [ 1
lie benefhetors those who defrauded them ? A r
ilistingukbed Senator?he again who "treadsno j il
step b .ckward"?in a recent speech, labored ear- t
nestly to prove that it was the duty of a repre- f
sentative to violate his instructions, to disregard 1 1
?-? ?, .... , lu ue.* a
opinion', the pubW wt*\wou\at>?promoted tneretive?he
who religiously observed his pledges, j ]
who faithfully aud honestly, by his speech and s
votes, carried out in these Halls the views of his
constituents?was a slave himself, and that n pro- I
viso was needed to free such a one from bondage. 1
Sir, neither great talents, nor exalted position, d
nun sanctify such doctrines They strike at the d
foundations of our system of Government. They o
are anti-republican, anti American. The Sena- c
a; is _ .1 1 V
lor nimseu us a snameiui example ui iunr i
mischievous influence, when he turned his back c
upon the unanimous instructions of his own State, i
I subscribe to no such sentiments. I tolerate no i
such doctrines, in politics or in morals. 1 can re- l
spect, n?y more, I can applaud the man who votes c
Tor slavery, when I believe he is fairly reflecting r
!he principles and feelings of those he represents ; i
hut f have only loathing and contempt for him b
who, by false professions, obtains a high place, t
?nd then betrays the confidence reposed in him. c
Mr. Chairmnn, I do not desire agitation ; hut ( i:
:annot consent to avoid it. by a tame and silent o
submission to wrong. I will not see, without a i
itruggleto avert it, this Government, established t
iy the price of blood, upon the great foundation* f
>f ?eednm suhverted to the accursed purpose of j
he extension ui^efttvery Its power shmi i
wielded to such ends, if by any humble efforts of o
nine I can prevent it. So long as there can be P
[jy * y?fe men ioAbf -fjwtb a# the trent^man ji
iftu Illinois, to stand here and do the wwk of I p
ilsverv. so long there will he agitation?an agita- v
lion that, by-and-by, will reach the constituents f:
af the gentleman, and light up the fires of Truth C
and Freedom in his district. When that day tl
Mines, as it surely will come, we shall hear no a
more of the gentleman from Illinois, and the like p
if him. ti
A great truth cannot be trampled in the dust? e
a great principle of right cannot he broken down s
Freedom will live?truth and justice will live? v
live in the hearts of men?live in the attributes s
>f God?live forever. v
This Government is not a government of sin- <1
very, but of freedom. We hold thnt slavery is d
not a national institution?that it should be kept
within the limits of the States where it is tolera- h
ted ; and these are doctrines which no pretended a
compromise can crush?no political combinations d
fiut down. h
In the last Presidential contest, the South g
wrought to bear the influence of this sixteen hun- u
Jrrd millions of slave property. She declarer! g
hat no man should receive her support for the v
Presidency who did not bow down in abject and ii
ilavish submission to this mighty power of the s<
South Northern aspirants for that high office ii
tumbled themselves in the dust, but they failed c
if the reward. The price of shame and of humil- g
ation was not paid, and I trust in God that it never a
vi 11 be paid. The ambitious and aspiring must
earn that they cannot reach the Presidency hy a hi
lasebowingdowntothepowerofslavery. Thisles- ti
on it is the duty of the people to teach thein o
Phis is the only remedy for dougbfaceisin?it i* tl
, sure and certain cure; it is a constitutional, a a
leaceful remedy?the remedy of the ballot-box tl
shall not fear to resort to it, whenever occasion a
equires its application. e
Mr. COBB, of Alabama, (Mr. Wil.vioi yield- s
ng the floor) t wind to ask the gentleman if he t
vould vote for any man for the office of Presi- C
lent who was the owner of slaves. a
WIT MflT fprtuinlr air?mrvot nY\oor_ 1
Fully, if he agreed with me in principle. I make
principle the guide of my political action. Prinjiple,
and principle alone, controls my votes, not
the location of candidate.*, or the nature of the
property they may hold.
Mr. COBB. Would the gentleman own a slave
himself?
Mr. WIl.MOT. I have no wish to he the owner
of one. God forhid that 1 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 I 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 whs. 1 wish that I could feel for
the wrongs of others as keenly as I feel a wrong
when inflicted upon myBelf. I 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 1 have never
discussed this question in its moral aspects,
rhat task I have left to others, better able to do
t justice. 1 have examined it as a political ques:ion?as
a question affecting the rights of the
people, and the policy and character of the Government.
Apart from all moral considerations, I
im opposed to the further extension of slavery,
is a politic ?1 evil of the first magnitude. Slavery [
s anti-republican?it is aristocratic in all its ten- ^
lencies ami results?it is subversive of those great
>rinciples which lay at the foundation of all free u
jlovernments. It is a great moneyed interest?
i vast pecuniary capital, with the heartless in
itlncta of capital, snd I am deadly hostile to the ^
ontrol of capital in this Government. ltisintheo- tj
y, and should he in practice, a Government, of (,
he people. It belongs to the free masses of ^
he country. It is theirs to enjoy, to defend They ^
inve a right to mould it to their pleasure, to deermine
its policy, to direct it to the advancement of
heir happiness and prosperity. Slavery seeks to
rield it to its own selfish ends?to the support
md perpetuation of its vast capital in human flesh
itul blood I oppose the extension of slavery, betausc
it is nn element of weakness in States. I
ipeak with no feelings of unkindnesstowards the P
iouth, but I utter my earnest convictions when I S
ay, that the South is weak?weak in all the elenents
of strength and greatness?weak to resist w
i foreign foe, and only weak because of the insti- ?
ution of slavery. It is the men who perform the t!
abor of a country that must defend it in the hour fi
if danger The men who perform the labor of ?
he South are slaves. You dare not place the n
neans of defence in their hands. You dare not n
jive them arms, and teach them their use, lest ^
hey turn them against yourselves. If your s
roung and aMe-lvodied men goto the field in large *
lumbcra. you leave your families, your women u
tod children, exposed to a terrible enemy at home ti
It is an element of weakness in Htates, snd for ti
his reason 1 am opposed to its extension. p
Another reason notwithstanding the vast in- o
reuse of slavery in the last sixty years, I enter- o
;ain the hope so ardently cherished by our fathers, 01
)f its ultimate extinction 1 look forward to some tl
lay?remote it may be?when the South, in iU p
iwn way. and by its own voluntary action, will li
let about the great work of emancipation, and the C
icparaiion of the two races; in which work, I h
.rust the North will cooperate to the full extent h
>f its resources anil power. .The day must come, fl
>r there will be a night of terror and of blood, ti
Slavery cannot be eternal. I cannot contemplate e:
he proepect of perpetual slavery, without seeing tl
he futu-e of my country shrouded in darkness and C
n gloom. The extension of slavery will post- si
pwne t|e day of deliverance? magnify its diflicnl- h
iee, if, indeed it does not make them insurmount- in
?ble. (Slavery 1 have before stated to be a pe- si
uniurj question -a question of capital, of dol- at
ars mil cents. This is the light in which it is oi
riewed by the master , to the slave it is a question hi
)f liberty, and of all a man holds dear and sacred, h
It will.cuntiuue so long ss it is valuable?so long st
will those who have property in it, hold on to sla- tl
rery with a grasp that cannot be broken Kvery i
me acknowledge*that slavery would become value- 8
ess much sooner, if confined to its present limit*, pi
han f extended over a wider apace This, South- ni
<rn gtntlemen tell us, ia the reaaon why they are di
letrrttined to extend it; and they charge upon v
ia, wh> are oppoaed to ita extension, a deaire to
mngkbout abolition, by hemming them in, and al
hereby making their property worthleae We
low wrong to our Southern friends in oppoaing la
he attention of slavery, although the policy of
lon-fxtenaioD will hasten the day when slave*
hal| he without value, and slavery shall ceaae to t)
list God has established certain great laws, by ta
he fllent and sure operation of which, slavery w
iiusi ultimately be extinguished. It cannot long u
taod against the law of population, without oonUnt
expansion. If the laws of nature and of S
ovulation neoeesarily tend to diminish the vatae (
f slave property, why ahould we be called upon u
WASHINGTON, D.
9 retard their operation?to save the institution
f slavery from their influerito by an extension of
is area ? Gentlemen of the South see that the
eld of labor is fast filling up , that the laborers
re increasing, and that, unless the field is entrged,
labor will cheapen, and the laborer himelf
become worthless as an element of propertj.
They see clearly that at no distant day they will
>e compelled, by the force of natural laws, tocomjence
the work of emancipation, unless that day j
* put off by the opening of new fields for slave
nbor. Sir, I would not obstruct the operation
f God's laws I certainly would not interfere to
ave slavery from their influence Looking, as I
lo, to the day of our ultimate redemption from
his curse, I wish it to come before the evil shall
iave grown to such giant propor ions as to defy
ur efforts for a peaceful deliverance. I do not
rish the evil to grow beyond our control. We
night, by a mighty effort, solve peacefully, and
rithout blood, the problem of slavery, with ten
aillions of blacks. No human power can solve it
rith fifty or a hundred millions. It would bre ik
u fragments the strongest Government on earth;
t would produce scenes of commotion, strife, and
ilood, such ss the world never saw. ?Why will
gentlemen bring certain and wide-spread ruin
ipon the country ? It is the spirit of selfohnoa.
imnbsa fhis lIpHtrUCtion UDOn our
and?the selfishness of great interests, the selfishiess
of capital, blind to everything but its irnnieliate
and proximate interest. For resistance
o this spirit of selfishness, for seeking to avert
'rom my country this terrible doom, I urn assailed
>y the gentbman from Illinois, in borrowed wit
.ad studied denunciation.
Mr. Chairman, talk as gentlemen may, there is 1
wro.Mefermiijation on the part of the
people in the free tit&tes loreeswt., t>j evict} Wilful
ind constitutional means, the extension of slavery.
I'hey may be hetrayed by their representatives?
fear they will he; they may, for a time, be mised
by those in whom they have placed confilence?party
leaders may lick the dust at the bidling
of slavery, may kiss its bloody hands?party
rganization may be used to crush the advocates
if liberty?yet, sir, the great heart of the people
>eats for freedom. Gentlemen will learn that a
heat is no settlement?that a betrayal of trust
s no adjustment of difficulties?that the nrrangenents
of Presidential aspirants is no compromise
Vgitation is not to be quieted by the perpetration
if wrong. The friends of freedom will counsel
io resistance to established law; but they will
lot cease to appeal to the judgments and the
learts of men, in behalf of righteousness and
ruth. Gentlemen want peace, quiet. Cease to
irge a wroDg,and you will have a peace What
s the quiet they want ? Freedom from agitation
n the subject of slavery. 1 will tell gentlemen
low they can have quiet on this subject Separate
he General Government from all responsibility
or the existence or support of slavery Keep
our institutions within your States.and you will
L-MwnC notation. Cease to evoii i\i
f slavery in this Government?immolate no more
Northern mea You provoke agitation by the inuatioe
of Tour demands. You declare your purose
to extend slsv. ry "Into free tenitory, and
rhen we offer resistance, when we demand for
reedom the protection and security of law, you
ry out against agitation. You ask us to reverse
he policy of the Government in behalf of slavery
ud its interests, and because we refui-e, you com- ;
lain of injustice and wrong. We are struggling
o maintain, against your encroachments, the
arly and settled policy of the Government. I
tatid upon litis question of slavery extension, i
rhere Jefferson, and Madison, and llenry, stood
ixty years ago. Were they now living, they
rould advocate the policy I have advocated. They
ill an in their dav and veneration Thev would
0 ho how.
It is the vast increase of this slave capital which
as taken place in the last half century, that cretes
all our present difficulties. From two hunred
millions of dollars it has grown to sixteen
undred millions. This immense capital isstrugling
for perpetuity and power. It wishes to
take slavery eternal. This is your fanaticism,
entlemen of the South?the fanaticism of slaery?of
sixteen hundred millions of dollars! It
4 a oold, calculating fanaticism. It feeds on the
ouls and blood of men. Talk to me about fanat:iem
1 May God preserve me from the fanatiisrn
of slavery?from that fanaticism which forets
humanity and its rights, in the pursuit of an
ll-ahsorbing selfishness.
Mr. Chairman, I have been led almost uncon;iously
into these protracted remarks. I con- :
inplated but a few words when I arose. My
bject more particularly was to address myself to
he gentleman from Illinois, [Mr McClernand,]
ml to repel the charge brought by him against
he lriends of freedom, of a desire to defeat the
ppropriation bills. They have never entertain- ,
d such a thought. They are loyal to the Conlituiion
and to the Government of their counry?loyat,
btt, aaa true. Tney aestre action on
California?that great question, which, more than
ny other, engrosses the mind of the nation. It
s a shame?a personal dishonor to Northern
m n?that California is not yet admitted into the
Jnion. Why this protracted delay ? Why this
sontlnnal postponement of a measure which thsy
ill profess to favor? Are gentlemen afraid to
ict I Are we cowards, that we dare not perform
>ur constitutional duty ? Do we fear to take
lold of the work which we came here to do? Sir,
et us have done with this timid, this cowardly
policy. Let us act. There is honor and safety
n action?dishonor and danger in further delay,
rhe gentleman from Illinois is waiting the action
)f the Senate on the "Omnibus bill.7' After
ight months of the session is exhausted, he is
br giving time for slavery to mature its plans.
When slavery is in danger, the gentleman '8 ever
eady and prompt in action. No measure of slarery
was ever delayed an hour for wunt of the
gentleman's aid. Freedom must stand back, and
>nly cuter these Halls in the manner and at the
lour slavery shall dictate.
1 wish that the vote of to-day should arrest
he attention of the country. Let it be known
hroughout the length and breadth of the land,
hat the coimiileratInn of California wan noat.
mned, to make way for an appropriation bill for
he support of the Military Academy at West
Joint?a bill which there was no occaeion for
iressing upon our attention, and which could
inre been acted upon a fortnight or a month
icnce, without any detriment to the public serine.
This was done by the rotes of the South,
mited with the great body of Northern Whigs,
nd a few Northern Democrats. California postoned,
after eight months' delay, hy the strong
ote of ninety-three to sixty.' Vet, in the face of
his rote, men will go home and try to make their
onstituents beliere that they were friendly to
he early and uncondiiional admission of Calijrnia.
DEBATE ON THE "llllillER POWER."
In the Senate of the flatted State*, July 'Jti, I860.
Mr. Seward baring delirered a speech in suport
of his proposition to admit New Mexico as a
tnte?
Mr Pratt. I desire to say a word, sir, as to
rhat I conceire to be the most extraordinary propsition
erer submitted to this body I apprehend
hat such a proposition would not hare emanated
rom any other source than that from which it has
ome I feel confident that when the yeas and
ays are taken, as I intend to more hefore I t >ke
ly seat that they shall be, the Senator from New
'ork [ Mr Sew a hp] will stand alone, because I am
ure that there is no other member ot this body
rho has at least ad rancid openly to the body his
tter disregard of the Constitution and his oath
) support it. Upon two occasious, as it is known
) erery memh?r of the Senate, the Senator trom
few York has announced here that from the
rigin of this Oorernment there hire been two
rgauixed principles, warring one against the
Iher, which must result in thi course o?" time in
tie destruction hy the more powerful of those
rineiplca of the other. The priuciple of human
herty, as he terms it, and the assumption in the
Constitution of the unirer-al equality of man, he
as arowed to he the higher law, which he feels
iniself constrained to obey, although it may conict
with the express proriidons of the Constituon
and his oath to support that instrument For
dimple, he believes and admits that the Constltuon
of the United States positively prohibits the
otigreBS of the United States from abolishing
every within the States. Yet inasmuch as this
igher law, this principle of human liberty, comes
t conflict with that constitutional prohibition, he
tys that he should be bound by this higher l?w.
ad he would disregard the Constitution of his
>untry ; he would disregard the oath which he
as taken to support it before he took his seat
ere. and he would vote for that admitted unennitutional
aot?the abolition of slavery within
te States of this Union. I think, then, Mr. Preslent,
that I am right in assuming that no other
onator upon this floor would have offered the
ropoaition upon which I am now about to content
; heosuae it is is every one of its features
irectly subversive of every constitutional proisiou
in referenoe to the formation of Statee.
Mr Skwakd (interposing) Will the Senator
How me a word or explanation T
The PaKstukNT. Doee the Senator from Marym
l yield the floor 7
Mr. Pratt assented.
Mr Skward Mr President,! distinctly deny
tst I have ever, on this floor or elsewhere, mainlined
one solitary priltfttftf all the principles
hich have been pat J^^^^ftoath and charged
|s>n me by the S?naU|^HBMaryland.
Mr. Pratt. Why, J^^hen the honorahle
rnator should be very much obliged to roe for
iving him an opportunity of denying what is
niversally believed here. Uoee the Senator deny
C., AUGUST 22, 185
that he haa said and reiterated here that there is
a law above the Constitution, which he felt bound
to obey * Doee he deny that ?
Mr. Seward. Yes, air, I deny that
[ Mr. 8. states that be understood Mr P. to have
added the words, "when it conflicts with the Constitution,"
and replied accordingly.? Rtf j
Mr. Pratt. Then, sir, he denies, Mr. President,
what every man knows be bus said. 1 have
heard him say it over and over again . and the
Senator's denial does not make untrue what I
assert I have heard him say, that there was a
higher law.
Mr. Hkwakd (in his seat ) 1 do not deny that j
Mr. Pratt, f call upon every Senator who |
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 oonflict with the
Constitution.
Mr. Seward (in bis seat) I did not.
Mr. Pratt. 1 call upon any Senator upon this
floor, other than the Senator from New York, to
deoy that he said bo.
Mr. Baldwin. As the appeal has been made
to other Senators, I must say, simply, that I did
not understand the seutiment uttered by the Sen- 1
ator from New York as it has been stated by the ;
Senator from Maryland.
Mr. Foots (in his seat.) Everybody else did.
Mr. Pratt. I do not know what the Senator j
from Connecticut meuns by this disavowal. If he
means that my commentary upon what the Senator
has said is not exactly correct, that may be ao. I
Rut that Senator cannot deny that he heard
the -Senator from INew y orn say there wm a Higher j
<v.vr than the Constitution, which he felt bound
to obey when it came in conflict with the Constitution.
Mr. Baldwin. I happen not to have a copy of
the speech of the Senator from New York here,
and I cannot of oourse be expected to give the pre- j
cise words. I understood the Senator to state that
there was a higher law than the Constitution,
which was in harmony with the provisions of the
Constitution.
Mr. Pratt. Now, Mr. President, it will be in i
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 1 think every Senator should
give to everything they are about to utter in this
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 I have
stated, that there were two antagonist principles
ingrafted originally in the Constitution, and those
two antagonist principles were the alleged equality
of man and the principle of domestic slavery?the
recognition of domestic slavery.
Now, Mr. President, he avowed further, and I
think that every one here will agree with me, that
whenever these antagonist principles of which he
.yras speaking came in conflict with l^e Constitulion,
the higher law would be obeyed oy nun ui
preference to the Constitution itself. I have
spoken of this matter to all the 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
purt to move the expulsion of that Senator 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 Con- |
stitution wbioh says that Senators, before they
take their seats, shall swear to support the Con- j
stitution. I have suid to them that if, when he
c*me to the book to take that oath, if he had re- j
fused to take the oath, he could 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 l?w,so
xs 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. 1 contended for this
with hie friends, and none of them said I was
wrong in the facte. I contended that with these
opinions we ought to turn him out of the body, as
he never should have taken a seat here.
Mr. President, I 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, be admitted as a
State into this Union, on an equal footing with
- ? . ? __? ? n .'J.J oil.A at-- n :i a
IDC original oiaies. riuvium, iuhi iur I rrsiuem.
before issuing sucb proclamation, shall be satisfied
that the Constitution recentlj framed by the Convention
of New Mexico has been approved and
ratified by the people of New Mexioo in the election
held for the purpose of considering it, on the
20th Jnne last.''
Here, then, sir, is a proposition that Congress
should admit New Mexico as a State into this
Union with a Constitution which Congress has
uever seen, 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 1 not right.,
then, in saying that no one?except the Senator
from New York?entertaining his opinions, could
Bubmit a proposition like this? Am I not right
in saying that there is noSenator upon this floor?
and I 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 I have referred ?
Mr. President, I have desired upon all occasions,
and f am sure that it is still my determination,
to cultivate toward my brother Senators
feelings of harmony and respect, so far as I 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?
Thx President. Did the Senator from Maryland
ask for the yeas and nays?
Mr. Pratt. Yes, sir.
Mr. Dayton. Mr. President, 1 have a request?
The Prrsidrnt. The Senator will suspeud until
it is ascertained whether the yeas and nays art
ordered.
The yens and nays were then ordered.
Mr Datton. After the yeas and nays are ordered,
the request that I hate to make cannot be
complied with I meant merely to aak the Senator
from New York whether it wonld not be better
for him to withdraw his proposition.
Mr. Clay (in his seat) I object.
Mr. Pratt (in his seat) The yeas and nays
have been ordered.
Mr Skward. If there is any proposition I have
ever made, any measure I have ever proposed,
which I am willing to stand by here, before the
country and the world, it is the proposition I
have now submitted. Therefore, though I stand
alone, 1 shall be content, convinced that I stand
right.
1 do not propose to reply to what is personal
to myself in the remarks of the honorable Senator
from Maryland. I have nothing of a personal
character to say. There in no man in this land
who is of sufficient importance to this country
and to mankind to justify his consumption of five
minutes of the time of the Senate of the United
States, with personal explanations relating to himself.
When the Senator made hie remarks, I rose
to express to him the fact that he wasnndern misapprehension.
The speeohea which I have made
here, under a rule of the 8enate, are recorded,
sod what is reoorded has gone before the People,
and will go, worthy or not, into history. I leave
them to mankind. I stand by what I have said
That is all I have to say upon that subject.
The Senator proposes to expel me. 1 am ready
to meet that trial too ; and if I shall be expelled, I
shall not be the first man subjected to puniahment
for maintaining that there is a power higher thai
human law, and that power delights in justioe;
thot rulers, whether despots or elected rulers of
a free people, are bound to administer juatice for
the benefit of society. Senators, when they please
to bring me for trial, or otherwise, before the
Senate of the United States, will find n clear and
open field. I aak no otker defenoe than the
speeches upon which they propose to condemn
me. The apeeohee will reed for themselves, and
thev will need no comment from me.
Mr. President, the objection which ia made to
the proportion which I have submitted to the
Senate is this: that it may bring into the United
States a royal or kingty Government. Sir, here
ia the Conatitution of New Mexico, aent to me
by one who attoadnd the Convention of New
Mexico. I have just as good evidence to satisfy
me that this is the real Constitution of Now
Mexico, as I had to satisfy me that the honorable
Senator from Maryland had bean elected a member
of this braneh of the Legislature when 1
heard his credentials read.
Now, sir, I am prepared to answer the only argument
of the honorable Senator from Maryland
0.
against the admission of New Mexico, which is,
that the Constitution of New Mesioo may be one
creating a kingly Government, if the honorable
Senator does not disdain to examine a Constitution
not officially laid before the Senate. U begins
with these words:
" W#, lb* people of New Mtileo, Id order to eetabltah
Jnntioe, promote the welfare, and eeeare thp hl?a?tng? of
liberty to oureelree and our posterity"?
This, so far, is the language of the Constitu
tion of the United States. Then it proceeds to
utter what the Senator from Maryland will consider
a dangerous heresy:
" Acknowledging with grateful heart? the goodneea of the
Sorereign Kuler of the Unlreree, and imploring Hie aid
and direction in ite wxvmplUhment, do ordain and eetahlleh
the following Constitution
We see that here are a people who acknowledge
a higher power than the Constitution.
Mr. Pratt (interposing) Does the Senator
mean to say that 1 consider that a heresy ?
Mr. Skward. I say that the Senator characterised
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,
I am sorry to Bay, what he knows to be nntrue?
Skvrral Senators. Order! order!
Mr. Pratt. I beg pardon, Mr. Preeident?
Mr. Sbward. 1 hope the Senator may Be permitted
to proceed.
Mr. Pratt. I was about to say, that when a
Senator makes an application to myself which is
not correct, with the assertion upon the part of
that Senator that nothing which I Can say will induce
him to reply, I feel that proper respect to
myself should induce me to say nothing.
Mr. Seward. These people of New Mexico [
then say they have "established a Government
for the purpose of establishing Justice, securing
the blessings of Liberty for themselYes and for
posterity, and that they acknowledge the super- ]
intending power of the Sovereign Ruler of the
Universe, and invoke His blessing "
Now, let us see what kind of Government they j
make. They form themselves into a free and
independent State, by the name of New Mex- j
ico. The next question is whether they have established
a " kingly" Government. This may be
learned from their declaration of rights:
" All men being born equallr free and independent, and
baring certain natural, inherent, and Inalienabla righto,
amongst which are the enjoying and defending of life ami
liberty, the acquirement, possession, and protection of pr perty,
and the pnrault of and attainment of happiness thereio'e
uo male person shall be held by law to serve any per
son as a scrvan', slave,or apprentice after he arrives at the
age of twenty one years ; nor female in like m?nner, after
she arrirrs at the age of eighteen years; unless they be .
bound by their own consent, after they arrive at such age,
or are bound by law 'or punishment of crime.
" All power la inherent in the people ; all free Governments
are founded in their authority; tbey have therefore an inal'rnsble
and indefeasible right to institute Government, to
alter and reform, or to totally change the same, when their
safety or happiness requires It." , '" *Aw
wefl, sir, so far tkis is sound republicanism;
it is the republicanism of the British Constitutions
nf 1640, 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, and
each of them confided to separate bodies of magistracy, to
wit Those which are legislative, to one; those which are
jndicial, to another; and those which are executive, to another
"No person or collection of persons, being of one of those
departments, shall exercise any power properly be'orging 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 hrauches; one to be styled the Senate, the
other the >tonse af Representatives ; and both together the
legislature of the State of New Mexico The etyleof all
laws shall be. Be 4 enact tti by the Legislature oj the State
of New Mexico
" The members of the House of Representative* shall be
chosen by the qualified electors, and their term of office shall
be two years from the day of their general election ; and the
session 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 the term of four years, and shall be divided by lot Into
two classes as nearly equal as may he.
" The Governor and Leutensnt Governor shall be elected
by the qualified electors of the State, at the time and placee
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 l>egis
lature in joint ballot; ani shall hold their offices for the
term of six years, and until their auccessort be duty nominated
and qualified "
" A general diffusion of knowledge being essential to the
preservation of the rights and liberties of th# people, it
shall be the duty of the Legislature of this State to make
suitable provisions for the support and maintenance of
public schools.
' The 1-egislstnre shall, at a* early a dsy as practicable,
establish free schools throughout the State, sod shall furnish
means for their support by taxation ; and It shall be
tbs duty of the Legislature to set apart not less than onetwelfth
of the annnsl revenue of the Stste, derired from i
tawutinn ivsert .jtf lilt I fll Twi ?kil*h fllTlfl whftll Itg JhTmiM
pri&ted to the unppcrt of free public vcboolp. and no lav
a ball be made diverting aaid fund to an y other uie.
" Krerjr male pereon of the age of twentj-oue yeare or
upwarde, tAfrioaae or the deeeeudanti of African*, xud on- |
ctrlllaed Indiana, eaoapted,) belonging to either of the folloving
claaeea, and who aball have reaided in this State for
hi* month* ue*t preceding any election, aball be a > (Uglified
elector at aueb election :
" Pint, t'itiaenaof the United Statea realding In tbia
State
" Second Peraona vbo elected to remain oitiaena of the
Republic of Mexico according to article eighth of the treaty
of peace, made and eeneluded between the United State* of ,
North America and the Republic of Mexico, at (iuarialiipe.
Hidalgo, and ratified by tbe Congi-emi of tbe United Sta ea
the thirtieth day of May, A.I). 1848, and who aball have
taken, at leaat aix in-ntla pre-edlng any election, before
aome Judge of the Supreme Court in tbia State, or be
fore a elerk o any court of rec rd in thia State, an oatb renouncing
arid abjuring all aliegian-e or fealty to the (lor
eminent of the Kepublle of Mexico, and to aupport tbe
Conatitution of the United Statea and of thia State.
' Third Peraone of foreign birth, not referred to in the
two preceding cltuaee, who aball have declared their Intention
to become eitiiene of tbe United Statei, conformably
to the lawa of the United State* on the auhjeot of naturalixatlon.
"No soldier in tbe army of the United Statea aball be entitled
to vote In thia State."
Tbis, then, is the Constitution of New Mexico.
It is a republican Constitution, and the argument
of the Senator from Maryland against 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 1 cannot but feel that when we are acting
jointly in reference to a measure, we hare 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 j
York had consulted tbe views of those who have
concurred generally in their action upon this
measure, and have avoided offering this propoei- 1
tion at this time. This amendment belongs alto- I
gether 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 standalone. Why,sir, I can- '
not vote for this amendment, while at the same '
time I do not WAnt to vote against the admieaion J
of New Mexico as a State, as an alternative. I ,
cannot vote for this amendment to the bill; and I
put it to the Senator from New York, what is the
effeot of this amendment, supposing yon pass it 1
and incorporate it in this bill 7 W by, sir, you adopt
your own amendment, and this main line of policy
; and the Senator himself and others will hare
to rote against the Omnibus bill. Now, in what 1
position are we placed ? I submit, with very great
respect, that it would have been better and easier 1
not to hare mixed up this question with the Om- 1
nibus bill Let us stand alone upon our own or a
different policy I do not wish to vote for this 1
bill. 1 do not wish to rote against the admission '
of New Mexico as a State, under proper ciroumstances,
as a mere alternatire.
But I am unwilling to vote for this amendment '
for another reason. I do think this matter is
premature. I 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 Constitu- 4
tion of a State offering her-elf here is republican (
or not. The Constitution of the United States
makes it necessary that Congress should pro- f
nounce noon that uuestion. How, in the name of '
God, 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
judging the question of boundary, and other pro
visions of this Constitution, upon the President
This amendment only says that if the President
shall he satisied that the people of New Mexico
have approved of some Constitution, (what Constitution
it does not say, and we do not know, hecause
the paper from which the Senator has read
has no official character,) he shall admit them as a
State by proclamation.
Mr. President, I regret very much that the Senator
should have felt it his duty to embarrass ua in
this matter I do not complain of it, because he hae
exercised only his just and legitimate rights upon
this floor. The effect of thin thing is to drive
those to vote against New Mexioo, with the admieeion
of California, who, if the qwestion were
ee pa rated and stood alone, and she, with her republican
Constitution, properly authenticated,
came forward, would feel themaelvea bound to vote
for it. I oaunot vote for her in this bill, because,
if the amendment were adopted, you would drive
a large number of Senators to-vote against it. It 1
is for these reasons I would very much have preferred
it, if it would have suited the Senator to
have had this proposition withdrawn.
Mr. Saw * an. I regret very much thai the Senator
from New Jersey has beea embarrassed by
this proposition He seea that I have not the
power now to withdraw it, however much 1 might
desire to do so At the same time, 1 do not And
that difficulty in the case which seems to li? >
the Senator's way. He aays he most examine the
Constitution for himself, and not dalsgale it la the
President of the United States. I have referred
nothing to the President of the United States,
but to aeoertaia as a historical fhst whether the
Constitution has been rallied by the people of
VOL. IV.
New Mexico, in t contention held on a oertain
day for that purpose The Constitution will then
come up for our adoption, f stated in the outset
that it was not myself who was responsible fur the
premature presentation of the proposition?that
this bill, if it passes, is a bill whioh 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
rights She is turned adrift without nuking her
sppearaace, and therefore it is that I am prepared
for one, upon the information I hare, to go for
her admisaeion in order to secure her her rights
Other Senators may set as they in their discretion
msy think right and proper. They will hate
their own reasons, I bate no doubt, to justify themselves
to their constituents in regard to the tots
they shall give.
Mr. Hals. 1 concur with the honorable Senator
from New Jersey in what he has said in regard
to the amendment of the Senator from New
Vork, as a reason for not voting for it. I cannot vote
fnr the nrnrvMiltinn fnr ninlk?? _l i . .
... r..r?.? ... ?nlrn 6e
has not adverted to; and that if, because those of
us who hare contended against the piling of in.
congruous measures in one bill, should preserve
our consistency, if it is worth presorting, (I do not
myself consider it of any tery great talus.) and go
against increasing the load. for if California 8
back was bent by what was already piled upon
it, this certainly would not lighten the burden
For that reason I would hate preferred that this
proposition should hate been presented in a different
shape.
But there was one remark of the Senator from
Maryland that I wish to adrert to. I do not
know that I understand the precise offence which
the Senator from New ^ otV has committed, for
which the honorable Senator from Maryland has
suggested his expulsion. If it be the announcement
that there was a higher law than the Constitution,
and which we are bound to obey at all
times and at all hazards, I myself ought to be expelled,
because I believe it. I thought when the
Senate went into the choioe of a chaplain to perform
the ceremony of offering prayer and supplication,
that we did reoognise that there was a
higher Power over ua, and I hare not heard of
late years that it was a crime to recognise a power
higher than human power.
Mr. Pratt (in his seat.) No one denies that.
Mr. Hale. 1 do remember, recorded in ancient
and sacred history, an occasion somewhat analogous
to this. It ia 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 any
other than the king, for the apace 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 enforoed but three days. The operation was
such that it never was renewed in the kingdom of
Babylon , and I have never heard of any country,
civilized or savage, where it has rteeh a etftfe to
acknowledge, as individuals or as members of an
organized Government, tbst there is a Power
higher that yoxxr Constitution?that there in a
King of kings, end a Lord of lords, before
whose face the stubborn pride of the Republic
must bend the knee.
Mr. Foote. Mr. President, will the Senator
allow me to ask him?
Mr. Hale. I will get through in a moment
Mr. Foote. It is only a short question.
Mr. Hale. Now, sir, I wish this thing to be 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
kias the Holy Book, and aall 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 ia crime,
I Am criminal. If the Senate is to he expurgated
of everybody who believes that sentiment, let the
work oomraence, and let it commence now. Let
the preamble show the offence of which they are
guilty; that iB, 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, 1 plead
Oto it. I will not put the Senator from
_ land nor anybody else to tha trouble of
proving it. I admit it, I believe It. Sir, I believe
that yon have no right even to bring the supremacy
of your Republic into conflict with the
commands of the Most High. I believe that sen- 1
timent in its broadest sense, and I have heretofore
Buppoeed that, in the action of our Government
and the sentiment of our Government, we had not,
in the plenitude of our power and in the uobribled
state of our pride, come to that pitch of presumption
that it wae 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,
when an argument based upon one state of facts
is made, to t&swer it by making sn argument
upon another state of f&eta 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 ar
gues, 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 every occasion, and have
not iust as muoh application to one state of facts
as another. He assumes the facts to suit the
phrases, and not bis 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 Supreme
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 he took down the words
it the instant they were uttered ; but, upon fur;her
reflection, considering that the sentence
srould have been incomplete by inserting the
preposition " by," and that by the Senator's letLing
his voice fall after the word "New Hampthire"
he intended to finish the sentence, the
Reporter is forced to the conclusion thst his ear
was mistaken |
The Peesident. The Senator must not make
iny reflection.
Mr. Pratt. I have not made any.
Mr. Hale. I call the Senator to order.
Mr. Pratt I have vet to learn thst tailing
the truth is out of order.
The President. The Senator will take bis
ie*t until the question of order ii stated by the
Senator from New Hampshire.
Mr. Hall I understood the gentleman to say
that I frequently desecrated the name of the Moat
High.
M r. Foote (in hia seat) I le did not say so
The PacsioaNT. The Senator from New
Hampshire will reduce his words to writing
Mr. Hale, haring reduced the words to wriing,
passed them to the Chair.
The President. The words, as written down
>y the Senator from New Hampshire, are, that
' the name of the Most High is frequently desecrated
by that Senator."
Mr. Hale, i hare not had time to put down
he connection iu which they occurred, but that
a a part of the langnage I understood him to
ttter.
Mr. Psatt. I said "ao frequently desecrated
n the Senate.''
Mr. Chase Msyl be allowed to suggest thit
he words heard by the Senator from New H amphire
were, 11 so frequently deseorated here."
The Pbesident. The Chair will make its decision,
and then it will be in order for gentlemen
o appeal trom it if they choose. The words
et down by the Senator from New Hampshire,
pplyiog a remark of thia character to an indiridi*l
Senator, would oertainly be out of order but
he Chair did not eo understand the Senator from
Maryland, or he would hare felt it hia duty to
all him to order, aa the Chair rarely shrinks
roin what he belieres to be a discharge of his
luty.
Mr Hale. I hope it will be understood by
he Senate that the words I hare takes down
rare not intentionally mlsuDdss#sod. 1 put
hem down aa they struck my ear 'be ears of
ererai gentlemen la my ricinity.
Mr Peatt (resuming) Now. Mr President,
he higher law of which I apoke waa not the Diine
law to which the Senator refers; and before
hey can apply that Dirine law eo as to eoffer the
. . *T ' . , j, ?_ to he
leoator witn wood inn a?pii? ?> ? tempted
from the pooition in which he i? placed,
is idtwRtM here nut Mrame thie that the
/Oiiatitotioa of the United Stntee ie violative of
bet law?thet here ia the Cenatitotion of the
Jolted Sutaa, whieh violatee the law of the So
i rem a Being, end thet therefore e peraon "'?7
wear to eeppert that, elthough he doee violate It,
rith the mantel reservation thet he ia to eupport
l eo ftur ea he deee not violate it New, the
rhole raw#It of the pootiion in whioh the advontea
of the Senator over the way place themeelvee
the one whioh I have elated I oonoeive that
>ie poeition ia not altered for the better from that
rhioh ia taken by hla advocate*. Now, If the
|on sncoNB rtui j