» 
 
 ii3 
 
 TJS 
 
SPEECH 
 
 HON. H.-^^'L. TURNEY. OF TENNESSEE, 
 
 ON THE PROPOSITION 
 
 TO ADMIT CALIFOPtlNIA AS A STATE IlATO THE UNION. 
 
 DELIVERED 
 
 IS THE SENATE OF TF-IE U^JITED STATER, MARCH 12 
 
 185Q. 
 
 WASHINGTON : 
 
 PRINTED AT THE COiNGRESSIONAL GLOBE OFl'ICE. 
 
 1850. 
 
<\'\- 
 
THE TERRITORIAL QUESTION. 
 
 The Senate havi.'g under considerauon the 1 
 Message of the President of the United States, 
 trariSmiting the Constitution of California, 
 
 Mr. TURNEYsaid: 
 
 iMr. President: The Government under which 
 we live, when formed, was based upon the funda- 
 mental principle of equality of the various States 
 which formed it, and of the people of the States. 
 The Constitution could never have been adopted 
 by a majority of the members of the Convention 
 by which it was framed, without tlie full recogni- 
 tion of that principle: and if it had been adopted 
 by the Convention, it would never have been rati- 
 fied and approved by the respective States acting 
 in their several State sovereignties through the 
 State conventions to which the Constitution was 
 submitted. 
 
 In that Constitution, we find that slavery is re- 
 cognized for political purposes, and that slaves are 
 regarded by it as property. We find that, in ap- 
 portioning representation, tiie Constitution takes 
 notice of that cla.ss of populaiion, and reckons 
 them as slaves. We find that, iii apportioning 
 direct taxation, it again takes notice of slaves, and 
 regards them as property. In another provision 
 of the Constitution, we find that the subjects of 
 this institution are regarded as property, and that 
 the enjoyment of it is guarantied to the citizens of 
 the United Stales, owners and proprietors of it. 
 
 f hold, then, under these .several provisions of 
 the Constitution Oi* the United States, that slavery 
 exists, and that it exist.s by the Constitution of the 
 United States itself, in all tlie Stales and territories 
 of the Union, except in those States only where it 
 is forbidden expressly by State constitutions, in 
 the exercise of State sovereignly. And, while I 
 hold that this Government has the right and power 
 to prescribe government and laws for territories, 1 
 am prepared to maintain that those governments 
 for the territories must be under, and in accordance 
 with, the Constitution of the United States, and 
 that consequently Congress cannot restrict or 
 abolish slavery in sucli territories. It is immate- 
 rial foi" my purpose to inquire from what source 
 the power to organize and control territorial gov- 
 ernments is derived — whether under the treaty- 
 making power or any other — whether it be an 
 implied or an express power. In any event. 
 Congress derives her autnority over the territories 
 from Ui6 ConstUuUon, and mvist exercise that 
 
 power only in accordance with the Constitution, 
 in its letter and spirit. If this were not true, Mr. 
 President — if Congress could prescribe any form of 
 government she might choose for the territories, 
 irrespective of the Constitution of the United 
 State — in other words, if Congress were not ame- 
 nable to any authority herself, in organizing the 
 territories, Congress might establish a reli^'ion, 
 and might establish an order of nobility — Con- 
 gress might establish a monarchy in the territories. 
 What is there to prohibit if, if the Constitutiou 
 docs not govern in the territories, by governing 
 the action of Congress over them r WHat would 
 prohibit Congress from establishing any possible 
 form of government that may be conceived .' If 
 Congress is not bound by the Constitution in 
 giving government and law to the territories, but 
 has an unlimited and unrestrained power, then 
 Conffress, in that view, would have the power to 
 establish a monarchical government; and when a 
 majority should deem it expedient to perpetuate 
 their power, they would repeal the laws admitting 
 States into the Union, and remand the States into 
 territorial governments. And thus, under this 
 pretence of power, and Liiis mode of usurpation, 
 tliey would establish upon the ruins of this Re- 
 public one great, consolidated, despotic form of 
 govcinment, by which all the rights, immunities, 
 and privile=:es, secured by the Constitution, would 
 be trampled under foot, and lost to the people 
 forever. 
 
 Again: if Congress is not bound by the Consti- 
 tution, or, in other words, if the power to etiact 
 and enforce the Wilmot proviso in territories 
 forrned by this Government, exists in Congress, 
 then, let me ask, where do you find protection for 
 fugitive slaves who may find their way into the 
 territories? If such power exists, that provision 
 of the Constitution which relates to the recapture 
 of fugitive slaves is nugatory, so far as the territo- 
 ries are concerned. 
 
 In that case, Congress does possess the power 
 to exclude slavery from the territories — a power 
 which is provided" in the C< ; titution. Congress 
 does possess the power, by the Constitution, to 
 abolish all slavery therf; so tliat the moment a 
 slave crosses the ime, arid goes into a territory of 
 the United States, conti.ining such a law with such 
 provisions, he would Ic absolutely free, notwith- 
 standing it is manifcs: to all, that the compromises 
 of the Constituticu tvatemplale no sucli thing-. 
 
4 
 
 On the contrary, the franaers of the Constitution 
 intended to provide arnpie means for the security 
 of the owner in the enjoyment of his property. 
 If, then, the framers of this instrument had net be- 
 lieved nor intended that Congioss .shcjld possess 
 no power over the subject of slavery in the terri- 
 tories, they would }iave made an express provision 
 for the recovery of fugitive slaves escaping into 
 the territories, as well as into the States. 
 
 But, Mr. President, the error, in my judgment, 
 consists in gentlemen supposin" that tlic power to 
 govern, implies the power to abolish or to destroy 
 vested rights under the Constitution. I hold that, 
 under the Constitution of the United Statf!s,a man 
 has a vested right to his slave as his property, 
 and a legal title vested in him under, and by virtue 
 of, the Constitution and laws of the country; that 
 that right can be carried into any portion of the 
 United States, where it is not prohibited by the 
 Jocal laws; and that the framers of the Constitu- 
 tion did not intend that Congress should have the 
 power to exclude it from the territories, or from 
 the district in which the General Government 
 should be located, and over which Congress should 
 have the power of legislation. The power to gov- 
 ern, then, is the power to protect the citizen in the 
 enjoyment of his rights, m the enjoyment of his 
 property, as well as of his "life, liberty, and pur- 
 suit of happiness." And it is not a power to en- 
 able him to {ibolish and destroy these vested 
 rights; nor would Congress possess any greater 
 power to destroy these rights in the territories, 
 than in any State of the Union where slavery ex- 
 ists, if the legislature of that State could have any 
 euch power, i presume it is not contended by any 
 one. The State constitution recognizes the insti- 
 tution of Hlavery. No one pretends to destroy the 
 institution— it must be done by a convention of 
 the people. The power is placed beyond the con- 
 trol of the legislative body of the country, for the 
 security of those who own property of this de- 
 scription. 
 
 There is anotherspecies of argument which 1 have 
 beard. Some contend that although Congress does 
 not possess the power to enforce the Wilrnot pro- 
 viso, or to exclude slavery from the territories, 
 while they deny that power — thus far they agree 
 with mc — still they hold and maintain the doctrine, 
 that the jieople of the territories only possess the 
 
 fower of legislating for themselves, and that they 
 ave the power to legislate upon the subject of 
 slavery, and to exclude it from the territories. 
 This, sir, to my rnind, is a more absurd doctrine 
 than to coiilind for the pov.'tr in Congress itself. 
 It id conferring upon the pco[)le of the territoiics 
 a much larger [lOwer than is possessed by the 
 Slate government, or than is possessed by the Gen- 
 eral Government ilsflf, orlhan isposscssed'by both 
 the Stiitc and the General Government combined. 
 This CJovcrnment cannot exclude slavery from 
 the territories; neither can the Stale govcrnmeni. 
 The Slate wjvereignlics cannot enact any law that 
 will cviidc the provision of the Conaiituiion in re- 
 lation to fugitive BJuves. This Government can 
 pajM no law in violation of that provision of the 
 Constitution. And yet, sir, it is contended by 
 those, that the people of the tcrnlories have ample 
 
 Ewer over this subjerl; ihal they may Icgis- 
 B upon it; ihnl llicv rnay exclude it, rr^'nrdless 
 of the (Jonsiilution of the United SiatCH, which ia 
 exlcndeU over the Icrriloncs. They contend that 
 
 a handful of people hi the territory cannot possess- 
 the power of emancipating every fugitive slave 
 who may happen to get within the territoi-y. 
 
 Assuming that these are the principles of the 
 Constitution under which we live, and which are 
 binding over every section of the United States, 
 the question recurs to us: Who is the cause of the 
 excitement that disturbs the harmony and quiet 
 of the R-epublic? Who is it that is responsible for 
 the danger to the stability and integrity of the 
 Union itself? Sir, we have to look and inquire 
 into the causes of this slate of things wlr -h now 
 surrounds us. In behalf of the section from which 
 I come, I have to say, we are conscious of no 
 wrong on the part of the South. They have done 
 no act, and have applied to Congress for the en- 
 actment of no law, which it is pretended on the 
 part of any ci:izen in the North, is an encroach- 
 ment upon their constitutional rights, which will 
 deprive them of any privileges, or which will deny 
 to them a perfect equality with the States and peo- 
 ple of the southern section. On the other hand, 
 we look around to ascertain the cause of tne diffi- 
 culty which now exists — for some cause of com- 
 plaint. There is no dissenting opinion. All agree, 
 the North and the South — with the excepiion, I 
 believe, of the Senator from New York, [Mr. 
 Seward,] who denies the existence of the Coa- 
 stitution itself, or who repudiates all its binding 
 force — all agree that the North has fiiled to coni- 
 ply with the requirements of the Constitutions- 
 nay, more, that she has violated that Constitution, 
 to the prejudice and great injury of the southern 
 Slates and southern people, in relation to the re- 
 covery of fugitive slaves. I maintain, by argu- 
 ment, that what is now sought to be done in rela- 
 tion to the territories, is a violation of the rights 
 of the southern people,. as plain and palpable to 
 my mind, as that in relation to fugitive slaves. But 
 suppose, for the sake of argument, that 1 was in 
 error in relation to the construction which I placed 
 upon the Constitution, claiming equality of rights 
 to participate in territories belonging to the United 
 States, acquired by thecomndon blood and treasure 
 of boiii sections of the Union — what, sir, would 
 be the great principle of justice and equality pre- 
 scribed, even in the absenceof constitutional rights ' 
 Would it be said ihiit, upon any principle ot' nis- 
 tice or of equality of right, one section should be 
 entirely excluded, and that the whole domain 
 should be appropriated to the exclusive use and 
 benefit of another section, simply upon the score 
 of a majority of numbers? Why, sir, authority 
 itself, comes directly in contact with the recotn- 
 mendation of the Father of his country, when he 
 took his final leave of his public station — I mean 
 the Farewell Address of General Washington. In 
 that addres.'', he urged upon all reciprocity and 
 equality, and to abstain from anythiu'^ that could 
 produce sectional jealousies and hcurl-burning 
 bickerings. Aside from the constitutional right, 
 this inevitably would be the eflcct upon the feel- 
 ings of the great mass of the people. 
 
 In the prosecution of this question, then, Mr. 
 President, whether we possess the constitutional 
 power or not, a large portion of the people of the 
 northern States seem to have resolved to carry into- 
 praciicjil operation and elfoct their plan of exclu- 
 ding the southern people from[any participation in 
 the territories thus acquired. If parties are to be 
 divided by a sectional line, then, sir, in point of 
 
States and people, the North has the majority. If \\ beenfighting, the one against the other — forthe pur- 
 therefore they can unite among themselves, against ^ pose of obtaining the support of the Abolitionists 
 tlie South, the inevitable consequence will be, ,, in the election. T/ie?i there was no danger — the 
 carrying out their measures in the forms of law. '' country was quiet. But if these gentlemen can 
 What then would be the inevitable consequence of : maintain that opinion at the North, and continue 
 carrying into practical operation this system of ' to mislead the people — if they can continue the 
 measures, denying to the southern portion of the 1; belief that still there is no danger — they can at 
 
 Confederacy the rights which they believe to be'con 
 stitutional, and which they believe were guarantied 
 to them by that sacred instnmient — rights in dero- 
 gation of their honor, and in violation of their 
 equality as citizens of the same great Confederacy ? 
 What is to be the practical effect upon tiiem ? It 
 ■will be a dissolution of the Union, by calling forth 
 
 length carry into practical operation the sermon 
 they have been preaching to the fanatics for years 
 past, for the purpose of acquiring political popu- 
 larity. Then, indeed, would the Union be in 
 danger. 
 
 Who else have we heard use that argument, 
 that the southern peo[)!e were not in earnest — that 
 
 that same spirit which, in the waroftheRevolution, ''. it was a mere design to effect a reasonable corn- 
 actuated Washington, and that gallant band which ' promise of that question? We have heard the 
 gathered aroundhim under his command, in re- l most distinguished men of the nation — and, I am 
 sisting an oppression greater and more violent |i proud to say, of boih sections of the Union, dis- 
 than was shown by our mother country. The ''\ interested, patriotic men — who would scorn to ac- 
 
 fiouthern m.en, the true descendants of our revolu- 
 tionary sires, imbued with their spirit, are resolved 
 upon maintaining their rights, and resisting every- 
 thing like a violation of the Constuution. Who, 
 sir, would be responsible for these consequences? 
 What is the Union? What creates it? What 
 holds it together? It is tiie Constitution of the 
 
 quire a popularity by any such means. Their 
 fears have been arou.^ed; and but the other day 
 the distinguished Senator from Massachusetts 
 [Mr. Websteh] showed that he had become sen- 
 sible that the Union was really in danger, by 
 means of this incendiary movement, and by means 
 of the differences between the two sections. And 
 
 United States. Without that instrument, there is '; although I disagree with him upon constitutional 
 no Union. Trainple that under foot, and you have '' grounds, yet, for the sake of the Union — for the 
 broken the Union. All our rights are guarantied !' sake of harmony, and to perpetuate the work of 
 within that sacred instrument; and if the southern ii the Father of this R.epublic, the liberty achieved 
 people are prepared to submit to a usurpation | by his sword, and consummated by his head and 
 which degrades them to a position inferior to the \ by his hand, in order that it should be handed 
 majority — which deprives them of their constitu-i: down to the latest generation — I confess that he 
 tional rights and privileges — if they are prepared has suggested a reasonable mode of adjustitig the 
 to submit to this species of usurpation, they are | question. So, sir, we find that there is patriotism 
 prepared to become slaves to any section that may i; in the North, and there is patriotism in the South, 
 choose to exercise power over them. But, sir, H The patriotism in the North, and the patriotism in 
 they are not prepared for this. The inevitable^ || the South, will endeavor to unite. Those who 
 consequence then would be, resistance, and re- |! contend that there is no danger, and are desirous 
 sistance would be a dissolution of the Union; :i of keeping up this fanatical feeling at the North, 
 and that event would depend, in my judgment, , will know that there is a large portion of patriot- 
 •upon the union of the northern States upon this j; ism in the North; and the moment the people of 
 niome.nous question now under consideration. j' the northern States shall discover that they are 
 ■ Why, sir, it is sometimes contended that there j' false prophets— that they are playing upon their 
 is no danger — that the South will submit to this J credulity — that they are governed by selfish, am- 
 outrage— and therefore the North may be en-, bitioua motives alone, and not by motives of pa- 
 couraged to proceed. It is said by the Senator ,| triotis.m — the moment the North shall discover that 
 from Maine, [Mr. Hamliv,] that the South is not 'i the Union is in fact in danger— they will rally 
 in earnest in these declarations; that Senators around tl-.e Constitution and the Union; and in 
 from the South, who have spoken here, have ob- ; rallying for its support, they will abandon those 
 jects and purposes in viev^, manifestly at variance politicians who are its worst enemies, 
 with what they have expressly avoucd in their ' From the evidence now before me, growing out 
 .speeches— attributing to them dishonorable if not , of the veiy able and patriotic speech of the gentle- 
 dishonest motives. This charge against southern ' man from Massachusetts, the other day, and from 
 Senators is untrue. The souihern people not in '; the position of other distinguished gentlemen upon 
 earnest! Are they to submit as slaves to any || this floor, whose opinions have heretofore been 
 and everything which the North may think ' expressed, I feel satisfied that the North cannot 
 proper, in violation of the CoMstitution, by force :■ entirely unite. If, however, the South could unite 
 of their irjmbers, to fasten upon them? The f* in its defence, or for self-preservation, then I 
 Senator from New York [Mr. Seward] gave us Ij would say at once that there would be no danger, 
 an argument of precisely the same character yes- ;i If the South could be made to rally and unite in 
 terday. * the attitude of self-defence and self-preservation. 
 
 Politicians of this class, Mr. President, live j they would maintain their own constitutional 
 upon this speoies of excitement— not upon any rights and liberties, and there would be no danpr. 
 peculiar merit or moral worth. For years gone ■', The very fact of such an array being presented to 
 by, when there was no danger of dissolving or I the country, vv-ouid at once demonstrate to the en- 
 disturbing the harmony and integrity of the jl tire northern people that resistance would be inev- 
 Union, partisans of both parties did play with ;l itable; and svhenever that fict sh&ll be demon- 
 these fanatics of the nortJiem section of the coun- i< strated to the North, I have an abiding confidence 
 try. i agree, sir, that thev have been striving— that it will be in fact the settlement of the ouestion 
 i>oth the Whig and the Dimocratic parties have > of the preservation of the Union, although it will 
 
6 
 
 be at the sacrifice of certain politicians at the 
 North. 
 
 But, Mr. President, the South is not entirely 
 united, though very nearly so. I agree, and I en- 
 tertain the stiong hope, that it would be entirely 
 so whenever the emergency occurs, and the time 
 for action shall arrive; but the union of the South 
 is not sufficiently comjilete at present to put an 
 end to the question here, or place it beyond cavil 
 and doubt. Here is th». place we would like to 
 see an unbroken phalanx — a united, a determined, 
 a fixed resolution and purpo.<!e, to maintain their 
 rights; and that purpose should be communicated, 
 spoken of, and made public, in all parts of the 
 Union. The dani^er might lie discovered — might 
 be seen and felt — in order that we might rally the 
 patriots of the country in every section to preserve 
 the Union from danger. There is, however, as I 
 remarked, not an entire unanimity at the South; 
 for I believe there are a few — and I am gratified to 
 say very few — in the South, who believe and ad- 
 mit the constitutional power of Congress to pass 
 the Wilmot proviso, and that it would be no cause 
 of offence, or of complaint on the part of the 
 southern States. This class of southern men, in 
 my judgment, do more harm than all the fanatics 
 can do in the North. Sir, you will find these gen- 
 tlemen here pressing and urging the argument to 
 which I have had reference, catching up declara- 
 tions from this class of southern men, and sending 
 them into northern sections of the country, as evi- 
 dences that the South will tamely and cowardly 
 eubmit to any system of legislation which the 
 North may think proper to enforce upon them. 
 Thie, sir, is not only giving " aid and comfort" 
 to that class of politicians, but it is giving en- 
 couragement to them to go on — in fact, it is telling 
 them to go on — to go on perpetuating and perpe- 
 tmting their outrages upon the rights of the South. 
 The continued commission of these outrages will, 
 in ray judgment, effect ultimately a dissolution of 
 the Union — certainly it will be either a dissolution 
 of the Union, or the degradation and ruin of the 
 southern people. This class of men — both the 
 southern men who express these views, and the 
 Free-Soil men, the Wilmot proviso men, and all 
 men of that class and kindred of politicians — I hold 
 to be false to the Constitution of their country, 
 false to the Union, and false to the great mass of 
 the American people. I v/ill not say they are 
 false to themselves, for they may desire a dissolu- 
 tion of the Union. 
 
 The other day it was said by the Senator from 
 Maine, (Mr. II^mi.im] — I may not have his pre- 
 cJHe words, but 1 have the substance — that they 
 had, in his section of the country once, a class of 
 politicians desiring the dissolution of the Union; 
 and he says those who now imitate their policy, 
 must expect to be recorded upon the same page of 
 hifllory. He alluded, I suppose, to the Southern 
 Convention, which is to sit at Na.shville, in June 
 next, and comnarcd it to the Hartford Convention, 
 which a«.sern!jled in Hartford, for the [lurpose of 
 taking sides with Great Britain against our own 
 country, when wc were engaged in a war with that 
 <jioverntnrnt — « ronvrntion whose avowed ol)jrct 
 and j.urpose was tolakc sides against the Ameri- 
 rjvn (iovcrnment, and peihaii."* to effect a secession 
 from thv. American Union. Ik tficre any sucli 
 thmg m the Niwhvillc Convemior .' llaa any- 
 thing been iniimntcJ from which any such infer- 
 
 ence can be drawn? V/hy, sir, twelve months 
 ago we had it predicted, when the southern meet- 
 
 , ing was called, that that meeting was a Hartford 
 meeting; and it was sought to destroy the effect of 
 that meeting by the outcry of »»«(/ (/og- and //a,'<- 
 foid Convention, and such harsh names. What is 
 the object and purpose of the Nashville Conven- 
 tion ? Why, sir, the southern meeting last year 
 made an address to the South, representing the 
 aggressions, real and proposed, by the northern 
 States, and gave a statement of the plans which 
 they proposed to carry into operation; and wha: is 
 the system of measures.' This address has aroused 
 the people of the South; they have had their pri- 
 mary meetings: they have spoken in their legisla- 
 
 , tive bodies; and Mississippi has suggested the 
 propriety of calling a southern convention, to sit 
 in Nashville, for the purpose of preserving the 
 Union. The man who pretends — who Insinuates 
 otherwi.se — is trying to make the public believe a 
 
 ; falsehood, which he cannot believe himself. The 
 
 i object and purpose of this convention have been 
 expressed. They are for the purpose of consal- 
 
 ' tation — of advice — and to adopt and settie upon 
 some plan of operations of resistance to the ag- 
 gressions of the North upon their rights, secured 
 to them by the Constitution of the country, and 
 not for the purpose of dissolving this Union, or of 
 
 ! forming any other confederacy. The furthest 
 they would go, at the conclusion of their deliber- 
 ations, would be to submit a series of resolutions, 
 
 ; or an address to the people of the South, or a re- 
 
 I monstrance to this body, setting forth what would 
 be the consequences of certain acts which may be 
 
 j passed by Congress. Yes, sir; they seek to de- 
 stroy the merits of this convention, by crying out 
 it is a convention for the purpose of dissolving the 
 
 [ Union — making the charge in the absence of proof 
 — nay, more — making the charge against proofs — 
 a charge which they must know to be false when 
 they make it. 
 
 This convention is to devise ways and means of 
 preserving the Union, as was the object of l]\e 
 southern meeting twelve months ago in this cham- 
 ber, and, in preserving the Union, as a matter of 
 course preserving their constitutional rights; fof 
 without them, they care nothing for the Union. 
 They v/ill cling to no other Union, but that created 
 by the Constitution of this country, but will not 
 submit to any Union enforced by usurpation. 
 They cling to the Union given to them by the 
 convention, headed by the great name of George 
 Washington. They will stand by that Union, 
 but will resist anything contrary to the provisions 
 of the Constitution. That I understand to be the 
 position of the South. It is not this resistance, 
 but it is this usurped power, which is to produce a 
 dissolution of the Union. Sir, if these usurpations 
 are carried out, the great work is done — the bonds 
 of this Union are broken, and trampled under the 
 feet of the people of the South, by these aggres- 
 sive usurpations. 
 
 This agitation will have the effect of remodeling 
 the political parties of the country, and more espe- 
 cially the poliiical piirties of the North. It must 
 necessarily rally a party in the North, of all the 
 patriotism of ihat section of the country, under 
 one banner— the banner of the Union — whether 
 they W(ie heretofore called Whii;s,or Democrats. 
 The Union is now in danger — endangered by an 
 oppoeite party — un oppojiite clasB of politicians 
 
and there must inevitably be a rally under one 
 flag — a flag of the union of the patriots of that 
 section of the country; for it is to that class that 
 we are to look. Tlie South \»ill in -future stand 
 fortii as one man, ^nii cooperate and act with that 
 party in the North, that inaintaias the Consti- 
 tution, that supports and maintains the Union, 
 whether that party heretofore was called Whig, or 
 Democrat. This parly becomes the conservative 
 and Union party of the country, and will, there- 
 fore, receive the united support of the entire south- 
 ern section of the Union. There will be another 
 party in the North — a party already in existence — 
 its limits prescribed, its objects avowed, and pro- 
 claimed. It is the Aboiitiorl' party, the Free-Soii 
 party, Wilmot party, and all others of that stamp 
 of political heresy, uniting in one puity; these, as 
 a matter of course, will unite with those who do 
 not prefer the Union, but their heresy, and will 
 rally under the flag of the Abolitionists and the 
 Garrisons, to advocate the dissolution of the Union. 
 
 I iind, Mr. President, in looking at the publica- 
 tions, periodicals, and reports made by the conven- 
 tions held by these various parties in the North, 
 that they avow their object — their great object — to 
 be that of disunion; and liiey assign reasons con- 
 s-js'.ent with their own hoi!£>ty. Tliey say that 
 the Constitution of llit United States authorizes 
 slavery throughout the entire land — the peculiar 
 and broad ground that I have assumed. Tliey say 
 that, under the Constitution of the United States, 
 slavery exists every where in the United States, and 
 that slavery is even in Massarhusetts, iiy virtue of 
 the clause relating to fugitive slaves. They must 
 go outside of the Constitution of the United States 
 and beyond it; they must overthrov/ it, put it 
 down, prostrate it, break it, ruin it, and dissolve 
 the Union — not like theSenator, on yesterday, wiio 
 argues that, although this is the Constitution — al- 
 though the Supreme Court has recognized this to 
 be the Constitution — and although lie has taken a 
 solemn oath to support that Constitution, yet, on 
 account of a higher law, which he thinks he has 
 received from God, he will disregard his oath and 
 the Constitution, cast them aside, and violate and 
 rend the bonds which hold the Union together. 
 He does not seem to possess that sense of moral 
 propriety — that sense of moral responsibility to a 
 Supreme Being — that is entertained and acted upon 
 by Garrison and others of that political school, 
 who say that they cannot remain under this Con- 
 stitution, or take an oath to support it. The Sen- 
 ator, however, can take a solemn oath to sujipovt 
 it to the letter, and then turn round and say that 
 he is not bound by it — not bound to support it by 
 law — say this in violation of the solemn oath 
 which he took, when he took his seat in this body. 
 Well, Mr. President, I propose to trace this 
 northern party — this Abolition party — a little r\n-- 
 ther, and see how they do stand. I have some few 
 documents which I propose to read upon that sub- 
 ject. The first is, I suppose, the highest authority 
 among them. I propose to read a part of the con- 
 stitution of this party, for they have a constitution 
 which they h^ve adooted: 
 
 ConstUiitioii of the Jiriierkan and foreiiiri .inli-Slaiery 
 Sodftii. 
 
 Whereas, llie Declaration ot' .\niericaii Independence 
 asserts that it i? a sclt'-evidem truth, " tb^t all men are 
 created e'jual, and tltat they are endowed hy llieir Creator 
 wiih certain inalienalde rights — that nnioii'i these are life, 
 liberty, auii the pursuit of liappi-.u-ss ,'= and whert-as, tltis 
 
 political axiom i> based upon the Holy Scfiptures, whitll 
 declare tliat God -haih made of one li'i.od all nations of 
 men, lo d\v«!l on all the face of the eanh,' and which re- 
 quire all ma'ikind to love their ncishbor^ as themselves ; 
 
 ; and wherf;a>:, nearly three millions of the peopic of this 
 country' are held In sl.ivery by their fellowcoi!ntrymeir ; and 
 wheroii.s, the prartiee of liuying and j-elliri!; human beings 
 
 I i)revai!j- to an alarnnng extent ; and whenas. every man, 
 
 : irre?pect ve of color. i=- entitled to equality of rights on the 
 soil of hi.s birth and residence ; and whereas, the prejudice 
 again.-t color, which exists in thi.* coimiry, is sinful in tin; 
 sl:^hiof Ui)d,'and sliould he inmicdiately repented of ; and 
 wliHrt-as, no scheme of expairiaiion .^ihould be countenanced 
 by any friend of man or God ; and whereas, we owe it to 
 the oppressed, to oppressors, to our eounlrV; to the world, and 
 to God, to do all that is right, and lawfully, in our power, to 
 brin? about tlie extinction of slavery aiul the slave-trade ; we 
 do ifereby agree, with a prayerl'ul reliance on the Divine aid, 
 to form ourselves into a soeieiy, to be governed by the fo^ 
 
 : lowing con-stiit rioN : 
 
 .\RT. 1. The name of tliis association shall be the Ameri- 
 
 CiN A.ND rORElOS .\NT1-PlaVERY SOCIETY. 
 
 .•\rt. II. The objects of this society shall be the entire 
 extinction of slavery atid the ^ln^p irude, and the eiiual 
 security, protection! and improvement of tlic people of 
 color. 
 
 They aim, then, to abolish slavery throughout 
 the entire nation, and throughout the entire world. 
 It is not a society merely compo.scd of Americans — 
 it is composed also of foreigners. It is sustained 
 by the interference of foreign Governments, tind 
 foreisrn Powers are concerned i'.; its organization. 
 It lias become the disunion party in the northern 
 ' portion of these Slates. We find, sir, that they 
 not only propose to abolish slavery, but to place 
 the Macks upon an equality with the whites in the 
 States where they reside — for they are not perinit- 
 ted to leave those States. Ti'.ey are to be confined 
 to the southern States, after they have been eman- 
 cipated and slavery is abolished. They are lo 
 remain in this Government — to be placed upon ati 
 equality with the whites — equally ;o become citi- 
 zens of the United States. They are to be eligible 
 to all the offices in the country. They are to be 
 I eligible to seats in this chamber, and to all the 
 j ofiiccs of liie country. They tre to become, in 
 '; the laigest sense, partners and partakers with us. 
 I, Is it possible to suppose foi a solitary moment, 
 'I Mr. President, that the southern people are to 
 j' submit to such degradation — to such ruin ? Why, 
 j sir, they would be forced to abandon their country. 
 ' They would be forced to give it up entirely to the 
 ; black people. They would be robbed of their 
 I property, and then robbed of their homes; for it 
 comes to iliis that the two rpccs will not and cannot 
 jive together, as equals, harmoniuusiy. This never 
 ; could, and never would, he submitted to on the 
 I part of the South. But, sir, having read their 
 j constitution, I now propose to read a part of the 
 proceedings of the convention of these Abolition- 
 ; ists: 
 
 '•7. Resolvc'l, That while we would express our deep 
 
 giatitudc to all those earnest nien and women who find time 
 
 and strength, amid theii labors in behalf of Briush reform, 
 
 to study, iiiidcrstand, and piotest ajiainst Ameiican slavery, 
 
 I to aive us their sympathy and Aid, by viunificevt. coniribu- 
 
 : I ho/is, and by holding our Union u/- to the rontrmpt of EuropCj 
 
 i we feel it would not t>«j invidious to meniion William and 
 
 I Mary IlowitI, Henry Viment, ami George Thompson, as 
 
 those to whose untirina advocacy; our cause is e.^iecially 
 
 indebted in this country, as well as for the hold ithasgauied 
 
 on the hearts of the British people. 
 
 I <-8. Resolied, That the disciiiuinatingscnse Of justice, the 
 
 ' -.tcadfast devotedness, the generous munilicence, the un- 
 
 ' tiring zeal, the indnsirv. skill, taste, and genius, with whirli 
 
 ! British aboliiionisu? have doperated with us for the extinc- 
 
 1 tion of slavery, command our gratitude. 
 
 I! '-Frowi the aholitioiiisLs of England, Scotland, and Ire- 
 
 1 land, we have received renewed and inci easing assurances^ 
 
 I and proofs of their oonstaiit and enlightened zeal, in behalf 
 
8 
 
 of the American slave. Liberal gild from all of these 
 countries, falling bpliiid none of ilii; nnost bounteous of 
 former years, lielped to fill the scanty treasury of the slave." 
 '■Just at this point of time, and when atlairs are in this 
 posture, the Fn'e-Soil party appears and claims tlie sujiport 
 of the Abolitionists, by virtue of its superior anti-slavery 
 pretensions. Its pretensions aie specious, and, in fact, in- 
 clude about all that a political party, intendini; to maintain 
 ^'ood faith towards tiie Constitution, should offer. It pro- 
 poses to forbid the extension of slavery into the newly-stolen 
 territories, to abolish it wherever the Constitution will per- 
 mit, and to confine it to its present cou>tltutional and ter- 
 ritorial lin)its. Time was when'the Abolitioni.-ts would 
 have been thankful for thus miich, and wlien, foruiaintain- 
 ing thus much, tlit y were ruoblied and Inintcd, whipped and 
 shot, a price set upru) ilieir ht ad.-, th''ir name cast oui as 
 evil, and they pi rsecuteij unto strange cities. Uutthcii long 
 and liard-tried experience has attained 'to soi>ietliing of 
 prophetic strain, 'and ihey no«- plainly perceive that what 
 would have satisfied then') in tlioir day.s of ignoraiice, falls 
 very far short of what the necessity of the ease demands. 
 They can take 110 part in a movement which contemplates 
 the recognition of t!ie legal relaiion of master and slave 
 anywhere within the universe of God. They spurn and 
 ^•pit upon the doctrine that any compact can he binding 
 which conditions for the r( turn of a fiisiitive into the hell 
 of slavery, and for the forcible siippit.ssion of an attempt on 
 tlie part oi" the slaves to vindicatt- theii riiiliLsby 'an appeal 
 to arms and the God of battles.' Their sense of personal 
 honor forbids them to swear lo snopoit such a compact, 
 either personally or by proxy, (or ihe purpose of exerting 
 political power, even for the slave, with the intention of 
 performing it — much more with the intention of Ineaking ii. 
 
 This connects itself directly with roreis:n Govern- 
 ments, with foreign power, and shows their alli- 
 ance. It is not a movement on the part of Ameri- 
 can people alone, for the purpose of controlling the 
 policy of the United Siale.s; but it i.s a joint coop- 
 eration of foreigners with this class of people. In 
 other words, Mr. President, this cias.s of people in 
 the northern States have become the mere instru- 
 ments in the hands of foreijjn power, for the pur- 
 pose of effecting that which they themselves could 
 not accomplish — the overthrow and dissolution of 
 this Union. 
 
 In connection with this, I propose to read a state- 
 ment which astounded me very much the other 
 day, when I heard it made by the distinguished 
 Senator from Souih Carolina, [Mr. Calhoun.] I 
 read it merely for the purpose of showing the con- 
 nection of this party of abolitionists with foreign 
 power. He ?ays: 
 
 " Now, sir, 1 come to Te.tas. Perhaps no gnntleinan had 
 more to do with the acquisition of Texas than mystdf; and 1 
 aver that I would have been among the vi i> Ix-t individuals 
 in the United States lo have made ajiy nii'ivetneiit at that 
 time toward ;lie acfinisitionof 'i'exas ;"iind I solurtherand 
 say, if I know myself, I wa(^ incapable of acquiring any ter- 
 ritory simply on the ground that it was lo be slave territory. 
 No, sir; a very ditferetit motive actuated me. ! knew at'a 
 very rarly perioil that Uie Hrilisli Government had given en- 
 couragement to the .Abolitionists who wen; repre enlrd in 
 the VA'orhi's Conveniion. 'I'he (piesiion of abolition was 
 ai:italcd in that convention ; and one gentlrnian stated dial 
 yir. Adams informed him that, if the British Government 
 chose to abolish -laviryln iheCnited Htates. they must 
 commence at 'J'exas. A committee Ooni lliin World'.- ("on- 
 vciilion \va» sent lo the r^ecietar> nl ^'l:lte. It so happened 
 that this verj' geiiileiniiii was prescni h hen the intercourse 
 took place belween Lord Abeidei-n and that eiimmilti-<-, and 
 he gave him a full aecuunl oi i( ^horlly aliiT lliui occiirreiue, 
 hluling Ihat l<ord Aberdfen h II Inio the proji-ct to give eii- 
 CCiiira^i inent toiln: Abolitiomsis." 
 
 Having now 8liown the connection witli foreign 
 Powers,! j.ropose lo show how ihifj patty aic or- 
 iCaiii7.ed,arid how they intend torlfect their nbject. 
 Por that purpose, I will read a portion of the pro- 
 cecdingB of the society: 
 
 "The (lay of (iiopheey ix pn.-scd— that of liiUillmi nt is 
 eoniP. For lung year* Mie Abolilinni^tH bii\e In i n loukiiig 
 forward to the 'Inte ofllniigH whieh is iiinv beginning to de- 
 velop it^ell. They have iiUvay.i Known that tin- effi rt of 
 Uicir l.lbor^ would at l.i^i In- men, m ihe di>iurban(i^ of the 
 
 political element.-, and the reconstruction of the poIiUcal 
 parties. Tliey have seen and said, for long past, that there 
 were no principles on which parties could divide, at this 
 day, in this country, excepting slavery and anti- slavery. 
 A public sentiment (jas been slowly, and witli ditTiculty, 
 created by the operation of anti-slavery pipers, meetings, 
 and lectures, which reach many who know not whence 
 the influences which they feel went fortli, and which is 
 now beginning to he seen in Congress, in State Legislatures, 
 and, above all, in the disorganization which is at work in 
 the old political parties. These are things to make the 
 hearts of Abolilionisis rejoice. It is not tiic end, but it is 
 the beginning of the end. The party, yet to be, which is to 
 do this work, will be technically a noilhern or Free- State 
 party. Its object will be, by the action of the free States 
 alone, outside of the Constitution, to free themselves and the 
 slaves from their guilty support of the system of slavery, 
 while acting under tlic Constitution. This parly will agi- 
 tate, within the free Staffs, for the formation of a new eim- 
 federation of States, that shall have no part nor lot in the 
 support of slavery, and shall be free from its despotic sway. 
 It will go for a new Constiiution, for a union of freemen — 
 free from the insidious elemitnt of tyranny, disguised in 
 compromise. Its object will be the foundation and edifying 
 of a true Republic, where the ;:eople will choose their own 
 magistrates, and make their own laws, and not merely regis- 
 ter the edit Is of a ruthless aristocracy, deriving its hered- 
 itary and prescriptive privileges from ownership in human 
 beings. 
 
 " This will be a movement which can he carried on in 
 good faith, and above board, and one in which all can unite 
 wlio hate slavery for the blacks, and subserviency for them- 
 selves. We believe great multitudes aie ready for this 
 inovemeiiinow, as soon as it lalies a political shape. VVe 
 are sure Ihsit the experience of the Free- Soil party will show 
 multitudes more, that this is their only hopf; for a national 
 existence and Goveinment, consistent with self-respect and 
 their own rights." 
 
 Now, sir, it seems to me that the Senator from 
 New York [Mr. Sevi ard] must be regarded as the 
 leader of that party. He has gone further, per- 
 haps, than any other person upon this floor or 
 elsewhere; for he discards the Constitution, and 
 labors to accomplish tlie object whicli he seeks, in 
 direct violation of it, to an extent which is not 
 avowed or assumed by any of his friends outside 
 of this chamber. In order that I may not do him 
 injustice, I will read a short extract from his 
 speech, to show that he discards the binding force 
 of the Constitution : 
 
 " Wheiein do the streiimh itiiil s-ecurity of slavery lie? 
 You answer that they lie in the Constitution of tlie United 
 Stales, and the constitutions and laws of the slave-holding 
 States. Not at all. It is in the erroneous sentiment of tlit! 
 Amciican people. Constitutions and laws can no more 
 rise above the virtue of the people, tlian the limped stream 
 can rise above its native spring. Inculcate Ihe love of 
 freedom, and the equal ridils of man under the jialcrnul 
 roof— see to it, <liat ihej are taught in thr schools and in 
 Ihe churches. Reform your own code. ICxteiid a cordial 
 welcome to the fugilive who lays his weary limbs at your 
 diior, and defend liini as you would your paternal sods. 
 Correct your own ei ror, that slavery has any lomtitiitionnl 
 uuariiiihj, which iii<;i) iiol be releast d. and ought n"i to he re- 
 iin(|iiished. Say lo slavery, when it shows its bond and 
 demands the pound of llrsh, that if il draws one drop of 
 '. blood, its life shall pay the forleil. Iiiculcite that free 
 ' Stales can mainlain the rights of hospiiality ami hunianity — 
 Ihat F.xecutivi- auihorily can forbear to lavor slavery." 
 
 Wlmt recklessness is contained in this pnra- 
 
 ■ graph ! When the Senator was Governor of the 
 
 i State of New Y'ork, a-dcmand was made upon 
 
 him for the delivery of a fugitive from justice, 
 
 charged with having stolen u slave in the State of 
 
 Virginia. He refused to surrender him uf)on the 
 
 doctrine contained iti this speech, that there could 
 
 I be no crime committed — no larceny of property in 
 
 stealing a .slave. He practised upon the doctrine. 
 
 And I suppose he carried it out also in another 
 
 particular; for he said that if a i<lave should com>i 
 
 into his country, pursued by hi.-i master who de- 
 
 ' inandcd the pound of llcsh — who sought to seize 
 
9 
 
 the slave and to take him off, that master's life J! 
 would pay the forfeit before the slave would be 1| 
 captured. The Senator would fall in with a "riot" i| 
 for the purpose of rescuing the slave, and would !' 
 do it if it cost the life of the owner. These were |i 
 the sentiments held forth by that Senator, and that |! 
 is the ground which he took. And he would |l 
 invoke the aid of Great Britain, or of any other ; 
 Power, for the purpose of prostrating or tearing- jj 
 down this Union. He speaks of Union — yes, j 
 sir; he professes to be for the Union! On yester- jj 
 day he claimed to be a "Union man." And j 
 while a " Union man" he disregards every obliga- ' 
 tion contained in the Constitution, which creates [ 
 li.e Union, denouncing it, and teaching his peofle jj 
 to disregard it, and to violate their solemn oaths, Ij 
 in order to carry out the fanatical purposes they \\ 
 have in view ; and yet they are upholding;; the 
 Union ! Sir, the cry of Union, and the glorifica- j 
 tton of the Union, was for the public ear. It j 
 would not do for the Senator to go forward and j 
 avow his purposes, his object, his willingness to ' 
 dissolve the Union; for that would cause his con- t 
 .satuents, who are so deceived and misled by him, \ 
 to turn away from him Doubtless his friends, 
 who are, many of them, friends and supporters of I 
 the Constitution and of the Union, will abandon 
 him the moment they ascertain that his leading j 
 aim is the dissolution of tiie Union. He knows , 
 this, and for that purpose lie professes a devotion 
 to the Union. [ 
 
 In the course of tlie Senator's remarks, he in- | 
 .sists that Congress has power to abolish slavery 
 in the District of Columbia, and that we ought to j 
 do it. If Congress has the power to abolish j 
 slavery in this District, as I have remarked be- 
 fore, the slaves of Virginia and Maryland, in less 
 than a week, would be crowding in here; for the 
 provision of the Constitution {or the delivery of 
 fugitive slaves, does not extend to the Di.'-trict of 
 Columbia. The moment you abolish .slavery 
 here, the fugitive slave will become free when he 
 enters this District. Abolish slavery here, and 
 here will congregate all the slaves of Maryland 
 and Virginia. They will concentrate here, and 
 their masters will turn in vain to the Constitution 
 for aid— for their property is gone. Who believes 
 that the framers of this Constitution intended any 
 such thing? Who would not be satisfied, from 
 this effect', lliat they iutended that Congress 
 ■should have no power to abolish slavery in this 
 District, or to interfere with it, or to regard the 
 slave here as anything other than property? 
 
 The Senator says, also, that Congress^ may 
 abolish slavery in the territories. Well, it" they 
 can do it, he has only to organize a territorial 
 .government, with the Wilmot provi.-io in if, and 
 li-.en encoarage the slaves to abscond to these ter- 
 ritories, there lo obtain their freedom. 
 
 He assumed the doctrine upon yesterday, that 
 the great oucstion now under discussion, was the 
 ,gradual abolition of slavery throughout tiie entire 
 nation and preservation of the Union, or tlie_ per- 
 petuation of slavery and the dissolution of the 
 Union. 
 
 Yes, ."^ir, he boldly advocates, and av6ws his 
 purpose and object. It is the abolition of slavery. 
 J-Ie specifies bis plan, it is to pen the slaves up 
 in the States, where they are now located, and 
 permit thetn to go no further— thereby to force 
 emancipation, as.there can be no outlet for them. 
 
 And if they should fail, he spoke of the sword as 
 a means of accomplishing the same object. 
 
 Now, sir, I propose to read from the Farewell 
 Address of General Washington, who described 
 the Senator and his party far better than I can: 
 
 '• In contemplating the causes wliicli may disturb our 
 Union, it occurs as a matter of serions concern, that any 
 ground should have been furnished for characterizins; par- 
 ties by geographical discriminations— northern and soutli- 
 ern, AtlaiiUc and western— wlience designing men may en- 
 deavor to excite a belief, that there is a real difTerence of 
 local interests and views. Ont: of the expedients of party, 
 to acquire influence within particular districts, is, to mis- 
 represent the opinions and aims of other districts. Vou 
 cannot shield yourselves too much against jealousies and 
 heart-burnin'4s which spring from these misrepresentations. 
 They tend to tender alien to ciich other those who ought to 
 be bound together by fraternal afTection. 
 
 '• However combinations or associations of the above de- 
 scription may now and then answer popular ends, they are 
 likelv, li' the course of time and things, to become potent 
 engines, by which cunning, ambitious, and unprincipled 
 men, will be enabled to subvert the power of the people, and 
 to u^nrp for themselves the reins of government, dcitroying 
 afterward the very engines which have lifted them into 
 unjust dominion. 
 
 "Toward the preservation of your Government, and the 
 perinanencv cf your present happy state, it is rciiui.sile not 
 only that you steadily riisrounten.ince irregular oppo.'ition 
 to its ackiiowledged authority, but also that you resist, with 
 care, the spirit of innovation upon its priLCiiiles, however 
 specious the pretext." 
 i Here, sir, we find the principle upon which the 
 South are to act. He advises us to resist the.se in- 
 j novations upon our rights and the Constitution. 
 I Does anybody doubt what. General Washington 
 i tneant by the term " resistance"— resistance to en- 
 ; croarhments upon ihe Constitution, and upon con- 
 stitutional rights. He did not mean speeches and 
 voles alone. He meant resistance v/hich would 
 I be effectual. He meant resistance which would 
 ! preserve and defend those rigiits. He meant that 
 J resistance which he gave the British for their 
 i; oppressions upon the colonies. That is the species 
 of resistance which he meant, and to which he re- 
 \'' ferred. Again, sir, he says: 
 |i '• Without looking forward lo an extremity of this kind, 
 
 I which nevertheless ought not to be entirely out of sight, th(! 
 !; common and continual mi.--chiefs of the spirit of parly, are 
 j sutBcient to make it tlie interest and duly of a wise people 
 
 ; to discourage anil restrain it. 
 ii "it serves t.lways to distract the public councils, and cn- 
 
 II feeble the public administration. It Kgitaies the community 
 ' with ill-foui;ded jealousies and false alarms ; kindles the aiii- 
 'l niosiry of one part against another ; foments occusional riot 
 ' and insurrection. It opens the door to foreign influence .iiid 
 : corruption which find a facilitated access to the Government 
 
 itself, through the channels of party passion. Thus the 
 policy and will of one country are subjected to Ihe policy 
 and will of another." 
 
 Here, sir, he has oast a stigma upon the very 
 conduct of these people. He speaks of cooperation 
 with foreign power. He speaks of the political 
 influence of these foreigners acting upon our Gov- 
 ernment. He predicts that it is to result m the 
 downfall and overthrow of the Constitution. Yet, 
 sir, it i« now publicly avowed— publicly made 
 known by the leaders of this anti-Union party of 
 i; the North. They band themselves together; atid 
 !' what renders it more melancholy is the fact, that 
 a man, who was once President of the United 
 ' States, was made the first mover and the first can- 
 ' didate of the sectional parly for the Presidency. 
 I Yes, sir; no other than Martin Van Burcn is now 
 'fanning this flame to dissolve this Union, and 
 I' burst the bonds asunder, in order to elevate Inm- 
 '! self into power. A man that has once been hon- 
 ored by the American people— that has filled the 
 
10 
 
 highest office in tlieir gift — having been defeated ' 
 upon ihe second election, and defeated upon a 
 third nomination, because of iiis opinions in reia- I 
 tion to an important national question, has united :! 
 himself and his destiaies with this party in the ii 
 United Slates, governed by British abolitionists ,! 
 and by crowned heads, according to tlieir own ' 
 avowal. He places himself at their head. He 1; 
 sleeks to get it into power by producing dissolution , 
 and the ruin of the nation. j 
 
 I am gratified, sir, at the result, and 1 hope I 
 every attempt of every demagogue — of every hol- 
 low-hearted and unprincipled man — may meet the ,| 
 same fate that Martin Van Duren met at the last |{ 
 election. But for the fact that we were contempo- | 
 rarics, it never would have been communicated to j 
 posterity and to us, that he was a candidate in i 
 1848. He did not receive a single electoral vote. I 
 hope he did not receive the majority in any county j 
 of the United States. I hope he did not receive a ' 
 majority in any precinct in any portion of the 
 United .States. The fact ought rather to be handed 
 down to posterity, that Martin Van Buren, the J 
 successor of Jackson to the Presidency, and who 
 stood by his side when that old chief read his 
 farewell address to the people, imbodying the sen- 
 timents contained in that of General Washin.jton, \ 
 and who hypocritically firofesscd to approve every 
 .sentence and every word of it, has met such a fate. 
 So far as he or his follower-s are concerned, I have j 
 no regret, but am rather glad that he has been | 
 passed by, as he has. 1 am glad he has now un- 
 maisked himself, and shown to the people what he i 
 i.s, although the Democracy were so awfully -swin- I 
 died by him; and that we have discovered it be- i 
 fore he died, so that we can express our opinion j 
 to him now. I take back, sir, every vote that I 
 have ever given for him, and 1 hope that God will 
 forgive me for those votes, and that my country , 
 will forgive me fur them. I take back every word | 
 I liave ever uttered in his praise, or in his defence. | 
 
 1 was favorably struck this morning when the : 
 Senator from New York [.Mr. Dickinson?] ofiered i 
 a petition, praying Congress to have printed a 
 large number of the Constitution of the United I 
 Suites, together with the Farewell Address of Gen- 
 eral Washington. I think it was a very sensible ' 
 move on the part of his constituents. I hope that 
 Congress will carry out the plan, only amending ' 
 it, by addinc to it the Farewell Address of General 
 Jackson. To show Washington's regard for the 
 Constitution, and his strict adherence of it, 1 pro- 
 pose to read another paragraph from his Farewell 
 Address: 
 
 " Bi-i let tliere be no change liy iisurit.iiion ; (or tlioiivli 
 thi!', ill one inNiancp, may b« iIk; inBtruim.'iil of good, it is I 
 •h«r ciiatomary weapon liy whicli (rue GoveriiiiKiiits are de- I 
 ciroyed."' I 
 
 Let there be no change liy usurpation, even 
 though good may result in that particular instjince, 
 because thai is the customary weapon by which 
 free Governments are destroyed. 1 will apply it 
 to the domain of California, as well as to every 
 other consiitutional (]ucstion involved in this 
 dehale. 
 
 ] laving gone through with General Washing- 
 ton, I propose to read a few extracts iVcuii GencrnI 
 Jackson. Sec how these distinguished men agree: 
 
 " AppraN, too, arc I'lmFlaiilly iniiili! to xiu-ijonnl iiilcrrsix, 
 in order to influfnci; llic tltcuim oI'llK! ('Iiii;r Mui!ii<lrati', :i* 
 if it were deHirfd llmt lie ^liould liivor a piirlicular i|uart<:r 
 of llu- country. InvlPiid of riiKilliiig Uie dutirn of Iuh rtatiuii ': 
 
 witli impartial justice loa'I; and the possible di.^.'iolulion of 
 the Union liasat length become an ordinary and faniiliar 
 subj(!ft of discussion. Has the vvarning voice of Washing- 
 ton been forgotten, or have designs already been forined io 
 sever the Union ;" 
 
 "Mutual suspicion ami reproii'lies may in time create 
 miiiuul hostility; and artful and designing men will always 
 be found, who are ready to foini;:it these fatal divisions and 
 inflame the natural jealousies of different sections of the 
 country. Tlie history of the world is full of such exawples, 
 and especially tlie history of republics." 
 
 " It is true that cp.'ies may he iiivigined disclosing sueli a 
 settled purpose of usurpation and oppression on the part of 
 the Government as would justify an appeal to arms. These, 
 however, are extreme cases, which we have no reason to 
 apprehend in a goverMinent where the power is in tliehand^ 
 of a patriotic people; and no citizen who loves his country 
 would, in any case whatever, resort to forcible resistance, 
 unless he clearly saw ihat the time had come when a free- 
 man should prefer death to submission." 
 
 Here we find again a description given n*" Mar- 
 tin Van Buren. •• Designing men, always p.-e- 
 pared to take advantage of sectional difficulties." 
 And it is not confined to him alone; for I think it 
 will also extend to the Senator from New York, 
 [Mr. Sew A HI),] and to all others of that stamp or 
 political cast, whether they call themselves Free- 
 Soilers, Wihnot proviso men, anti-slavery men, 
 or anti-siavery-extension men. They seek to use 
 the power of this Government to accomplish their 
 private wishes and feelings, regardless of the pro- 
 visions of the Constitution. They seize upo.n it. 
 Nor am I willing to concede to them all the fanat- 
 ical feeling which they profess to have upon the 
 subject; for I think the most of this feeling at the 
 present day is political, used by politicians, and 
 not a deep-rooted infection in the northern people. 
 Sir, they love the Union; and although they may 
 not be the advocates of slavery, they have not the 
 will to say they will dissolve the Union, in order 
 to rid themselves of what they may consider a sin 
 in another section of the Union. 
 
 Why, sir, has the Senator from New York dis- 
 covered recently, that Washington, if now alive, 
 would not be a fit associate for him ? This Constitu- 
 tion which he denounces — this Constitution which 
 he disregards a:id t.-amples under his feet — was the 
 work of that (!is::::g'.!:i!;ed sr.geand patriot. Has 
 he forgotten that fact ? Does he suppose that if 
 General Jackson were alive, he would tiot be his 
 eriual — wlio, although he had nothing to do with 
 the formation of this Constitution, had much to do 
 in giving to it a construction, and in maintaining it, 
 and defending it. wit'i a view to the perpetuity of 
 this Government and Union.' His purpose was 
 the perpetuity of the Union, for the purpose of 
 perpetuating the rights of all under the Constitu- 
 tion, as giuirantied by the Constitution. There are 
 no fictitious rights in any of these States. The 
 patriots who have gone before us, never dieairitd 
 of perpetuating any Union to be founded upon the 
 usurpation of jiny right — to be founded upon the 
 usurpation wiiich they abhorred, and which fiey 
 had cast off, when perpetrated against them by 
 Great Britain. Tiny admonished tliose v/ho 
 should come after tliem against it. Tiiey advised 
 them to cling to the Constitution as it is, and not to 
 permit a violation of it, even though it might be to 
 obtain a great good. 
 
 But, sir, I v/ill proceed : "It is true that cases 
 ' may be imagined which show such a settled our- 
 • pose of usurpation and oppression on tlie part of 
 ' GovernnienlastojuB'.ify unnppfealtoarms." Yes, 
 
11 
 
 sir, as " to justify an appeal to arms. " And what 
 is lie talking about ? He is talking about this pre- 
 cise question of sectional divisions and sectional 
 rights. " These, however, are extreme cases 
 which we have no reason to apprehend." 
 
 Now, sir, it is very true that General Jackson 
 thought that the time would never come. But 
 why did he think it would never come? Because 
 he had faith in the patriotism of the people, which 
 he beli'Sved would be powerful enough to control 
 the designs of politicians. I agree with him in 
 regard to the patriotism of the people, even in re- 
 lation to the people of the North. But, sir, that 
 people is now deceived and misled by demagogues; 
 by designing, cunning, ambitious, and unprinci- 
 pled men, who are described by General Washing- 
 ton, who are seeking their own aggrandizement, and 
 are willing to sacrifice the good or the very exist- 
 ence of the country, to gratify their ambitious de- 
 signs. That people is now misled by such men. 
 They will — they do — possess patriotic feelings; 
 they will maintain this Union; they will rally 
 around the standard of their country, and form a 
 party — an American Union party — more power- 
 ful than the British Abolition or American disunion 
 party, in all the States. 
 
 Well, Mr. President, I do not think it neces.sa- 
 ry to read more. I have other extracts marked, 
 equally strong upon this identical subject, relating 
 to the rock upon which this ship may be lost — 
 this sectional question — admonishing and entreat- 
 ing the American people not to permit it — warning 
 them against such designing, unprincipled men as 
 we see now around us fomenting dissensions. 
 Yes, sir; such as we see in this chamber and out 
 of it, v/ho are seeking to form a sectional party, 
 around which they are to rally a free-State party, 
 to work beyond the Constitution, and to do this 
 for the purpose of effecting objects which never 
 can be effected without the dissolution of the 
 Union. 1 will read one' other extract. It bears 
 directly upon this question of sectional parties and 
 objects: 
 
 " Motives of philanthropy may bo assigned for this un- 
 warrantable interference, and weak men may persuade 
 themselves for a moment that they are laboring in the cause 
 of humanity, aud asserting the rights of the human race ; 
 but every one, upon sober reflection, will see that nothing 
 but mischief can come from these improper assaults upon 
 the feelings and rights of others. Rest assured that men, 
 found busy in this work of discord, are not worthy of your 
 coijfidenoe, ami deserve your strangest reprobation. 
 
 "In the legislation of Congress, also, and in every meas- 
 ure of the General Government, justice to every portion of 
 liie United States should be faithfully observed. No free 
 government can stand without virtue in the people, and a 
 lofty spirit of patriotism; and if the sordid feelings of mere 
 selfishness shall u.?urp the place which ought to be filled by 
 public spirit, the legislation of Congress will soon be con- 
 vened into a scramble for personal and sectional advan- 
 tages." 
 
 Now, sir, I think these distinguished gentlemen 
 have pointed out what we now see plainly before 
 us — a class of ambitious and unprincipled men, 
 who, whether they desire it or not, are prosecuting 
 measures for their own aggrandizement, which, 
 unless they are arrested, must end in the dissolii- 
 tion of this Union, and in the destruction of this 
 country. 
 
 Now, Mr. President, a few more words, and I 
 have done. 1 refer to the question of the admis- 
 sion of California. 1 ai^i opposed to it. I have 
 been unable to see any power on the part of Con- 
 gress to admit California with no organization 
 
 whatever — with no government — territorial or oth- 
 erwise — with no law beyond the law of the sword — 
 the law of military authority An attetnpt has 
 been made to give law and government to Califor- 
 nia for several sessions; an'l, sir, notwithstTanding 
 the charges iBade by this Abolition party, which is 
 laboring" for the dissolution of the Union, the 
 South is not in any way responsible for the fail- 
 ure of those attempts. 1 advocated and supported 
 those measures, and other southern Senators did 
 the same. 1 advocated and supported the meas- 
 ure proposed by Mr. Clayton, of a select commit- 
 tee, commonly called the Clayton bill. That bill 
 transferred all the questions relating to tiiis .subject 
 to the jurisdiction of the Supreme Court— the 
 proper arbiter of this agitated ami perplexed ques- 
 tion between the two sections of the Union, The 
 southern members sustained it, with a few excep- 
 tions. Those especially who are charged now 
 with disunion projects and designs, sustained it. 
 We aie taunted very often, and told that we might 
 have had an organization, if v/e would have ac- 
 cepted and voted for the Wiln^ot proviso. But 
 Congress had no power to pass that. Here was a 
 proposition to submit all these matters to the Su- 
 preme Court of the United States— to leave ihcui 
 all to it; and if it had decided that the South hail 
 not the constiiutiona! rights which v/c contend for,. 
 why then it would not be any dishonor, any 
 disgrace, any cause of resistance with the South, 
 thai she should be excluded from the territories. 
 She would not feel that her rights had been tram- 
 pled upon or usurped by the arbitrary exercise of 
 power. But, sir, this proposition was voted down, 
 and voted down by men from the North. 
 
 Then came the proposition for extending the 
 Missouri compromise line. The South believed 
 that this did not give all that siie was entitled to; 
 but for the sake of quiet, she was ^villing to agree 
 to that. I advocated and supported it; but that, 
 too, was voted down, and voted down by northern 
 men. Finally, there was an amendment offered 
 by the Senator from Wisconsin, [Mr. Walker.] 
 I gave that my support. In a word, I have ever 
 voted for every proposition to give a government 
 to those territories. I am not, therefore, to be 
 charged with designing the dissolution of the 
 Union. I have labored incessantly to have a 
 compromise and amicable arrangement of this 
 whole difficulty. Everything has been voted down, 
 and voted down by those who now seek to fasten 
 upon us this deprivation of government in Cali- 
 fornia, and the other territories. 
 
 They now seek to pass this exclusion, upon the 
 ground that our honor is not nov/ to be affected; 
 that California will now come in as a State, nnd 
 not under a territorial government; and that the 
 exclusion of slavery will now be her act, and not 
 that of Congress, under the Wihuot provi?^. 
 Why, Mr. President, so far as this refers to any- 
 thing in the .so-called Slate of California, I do not; 
 propose to examine it at all. I say that there is 
 no State formed, whose constitution can be con- 
 sidered in any way. When we speak of Slates, 
 we speak of those which have a legal existence. 
 Has the State of California a legal existence? 
 Where do we find it .' It is wholly the work of a 
 military commander. General Riley, calling a con- 
 vention for the people of the territories. 
 
 Before you can get even a legal convention, you 
 must have the boundaries of the Slate legally 
 
12 
 
 assigned, in order that you may know who it is 
 that ia to be entitled to vote, and for whom it is 
 that the government is to be formed. They must 
 live v/ithia that boundary. Those living; without 
 the boundary, are not to vote; General Riley laid 
 cff the districts for the election of the members of 
 tliC convention; General Riley prescribed and fixed 
 the qualifications of the voters; General Riley ap- 
 pointed the judges; General Riley made the law, 
 and authorized those judges to be sworn in and 
 administer the oath; General Riley did every- 
 thing that was done, and which belonged to Con- 
 gress to do, and which alone could be legally done 
 by Congress. It was not possible that these steps 
 could be legally taken. I do not care to inquire 
 whether General Riley was acting under an au- 
 thorization from the President of the United Stales, 
 or not. U was not possible for the President to 
 give an authorization thatshould have any validity. 
 The people did nothing in the matter of them- 
 selves. They were ordered to do what they did 
 by a military chieftain — commanded to do it. 
 They acted in obedience to military orders. 
 
 Now, sir, so far as any action is concferned, 
 California either does, or does not, belong to 
 the United States. If California belongs to the 
 United States, then it is for us to prescribe a gov- 
 ernment for them; it is for Congress to direct them 
 to hold tlieir convention for the purpose of forming 
 a State constitution; and it is for Congress to lay 
 off a boundary for it, to pre.'^cribe districts and the 
 quiihfications of voters, and to inflict punishment 
 upon those who shall cast votes illegally. All this 
 is to be regulated by the law-making power of the 
 Government; and we acknowledge no dictator — 
 no power of that sort, either in the territory or in 
 the States — no power to lay cff States, and to 
 prescribe all other things necessary for the forma- 
 tion of the State constitution. 
 
 But, Mr. President, there is another objection, 
 and that is, that there is .something in the course 
 of action on this subject which I do not fully com- 
 prehend. We are fold by Mr. Clayton, in his in- 
 etructions to Mr. King, as follows: 
 
 "Voii are fully po>?e!>sfid of tlie rrfi>iil('tif.'! views, and 
 can properly suggest for the people of Ciiliforiiia, the adop- j 
 tion of measures calculal<!(l togive tlicin protection, Those 
 measure!' umst.of course, originate .snl.?ly with thomstlves ; 
 but assure them," itc. 
 
 Now, sir, he was possessed of the President's ! 
 views. 1 saw also a letter from Mr. King, statino- ! 
 that he had no private instructions from the Pres''- \ 
 iJcnt— that there were no instructions attached. ' 
 If they did not choo.sc to call them instructions, ' 
 he was apprized, at least, of the President's views i 
 in relation to this matter. These views were .se- ! 
 cref— they are not put in writing. We cannot 
 obtain them. Pcrhajis that iu one reason why 
 , they do not assume the character of instructions, 
 for I believe there liaa never been an instance, in 
 the hisit^ry of this Government, where a foreign 
 minister ha.s received Secret instructions. I know 
 they ore. often secret, for tite time being, but they 
 arc subject to be called for whenever the public 
 interest shall demand it. But here is a |>os8C8sion 
 of tlic President'a views, and tt ia suggested to 1 
 
 him, that he can, in a certain mode, carry out and 
 accomplish these views. 
 
 Now, sir, by that instruction, or by that secret 
 understanding — or ^call it anything else (I do net 
 profess to be sufficiently skilled in this diplomatic 
 matter to decide whether this technically amounts 
 to instructions or not) — here is the view of the 
 President of the United States, not committed to 
 writing, in relation to the people of California, 
 which he desires to be carried out into practical 
 operation by an agent whom he sends for that 
 purpose. The minister is apprized of it; he is 
 told to go and have it accomplished — have it carried 
 into practical operation. What is that.' If there 
 was no other objection to it, sir, I would demand 
 and I would know what that secret matter was 
 which the President so much desired, and which 
 had been communicated in some form or other to 
 Mr. Iving; and if they will not have it to be in- 
 structions, then let us take it in such form as he 
 may choose to give it. If they will not have it 
 oral or written communication, then it must be, the 
 Secretary of State has lied. But I do not choose 
 to believe that — 1 believe there was secret instruc- 
 tion or knowledge; for I do not care to encounter 
 Mr. King's denial. Here is the knowledge of what 
 the President desired; but in order to be certain, it 
 was to be distinctly understood that it is a move- 
 ment on the pare of the people themselves. Now, 
 for one — being the firsi time in the history of this 
 government, I believe, that anything of this form 
 has occurred, where there is a desire which has 
 been communicated on the part of the Executive 
 to accomplish his object, but which has nowhere 
 been put upon paper — I would say, for the purpose 
 of putting down all such conduct in the future, and 
 of stamping it as highly improper, I will disregard 
 whatever may have been done. The fact of^ its 
 not being upon paper, but secret — being hidden 
 from the world in all time to come — aflbrds sus- 
 picion that all is not right. For that reason, I, 
 for one, would be disposed to reject it. 
 
 I could not, therefore, vote for the admission of 
 California. It is a mere trick and contrivance to 
 avoid — what? To avoid the Wilmot proviso. It 
 is a contrivance to save the President from com- 
 mitting himself upon the Wilmot proviso. I 
 would not blame the President, or his Cabinet, if 
 they v.ere to avoid or evade this question, if they 
 could do it without sacrificing the rights of any 
 section of the Union; and in this evasion I seejhe 
 rights of the southern section evaded and sacri- 
 ficed, to save him and his popularity, either with 
 the North or llie South, as liis action would incur' 
 the censure of the one or other section of the 
 Union, acting upon this question which has been 
 submitted in the form of a territorial government. 
 I am not, therefore, on tliat account, disposed to 
 favor it; but 1 am willing to meet it in the question 
 of the admission of this or other territories. If 
 we can agree as to one, we can agree as to all. If 
 we can settle one, we can settle all. To admit 
 California is to surrender all: slavery will be ex- 
 cluded from every portion of our newly-acquired 
 territory of any value, and will have been exclu- 
 ded by a trick — a contrivance — as 1 verily believe, 
 and in violation of the fundamental provisions of 
 the Constitution of the United States. 
 
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