v^ lO' %-^^ ^^a^<=>^ ^^^^ '. '4- o. • > »-L^'* V '.• .^^\. %^** •• \v "^-^ '" J^ .. ^ " '^.^'^ ;.;'•' ,0 * • • • \ "^ ^ ■«?* -^^0^ ^°<. "^^, "o. AWN^^Sv/ZJ, o ""'/°;?afe;^\ ^*V .^ - ^^ -o^W^^\.^ V^*> V^-%°' '^-. v^' •:M>uBETtrE; SPIRIT OtV-THE ORGANIC LAW; RESTRICT THE "' FEDERAL POWER; EXALT STATE SOVEREIGNTY. SPEECH OF HON. J. MOWDELL, OF ALABAMA. DELIVERED IN THE HOUSE OF REPRESENTATIVES, FEBRUARY 2, 1859. The House being in Committee of the Whole on the state of the Union, and having under consideration the President's Annual Message — Mr. DOW^DELL rose and said : Mr. Chairman : I do not intend to discuss, at this time, the subject of the tariff; nor to reply at length to the ingenious and able argument of the gentle- man from Pennsylvania, [Mr. Morris,] who has just taken his seat. I deny the constitutional power of this Government to impose any duty for protection He takes the power for granted, and endeavors to show, by an able review of the past policy of this and other countries, that a tariff for protection is highly expe- dient; and that it not only benefits the manufacturer, but after a series of years will cheapen the price of the protected articles to the consumers. In the course of his remarks, he says : " I challenge tlie advocates of free trade to prodwce a single article which has had the benefit of protection for a series of years, that has not fallen greatly in price. Instead of protective duties enhancing the cost of fabrics, they have everywhere, in the United States and iu Europe, been the certain and only reliable means of insuring its abatement." Now, Mr. Chairman, is it not a little strange that the great agricultural and laboring classes of this country, who consume the greater part of these protected articles, have not before this time discovered the truth of this proposition, and been befor(^ Congress with petitions for higher duties ? Is it not still more strange that the protected classes, whose manufactures are thus reduced ia price, have been ^e only people who clamor for high tariffs? But, in answer to the chal- lenge to the friends of free trade, I can give him a class of property of no little value, which has for a ** series of years" — yes, sir, for fifty years — b'een protected against foreign competition to the point of prohibition, and has all the time, aside from temporary fluctuations caused by derangements iu the currency, steadily in- creased in price hundreds per cent. I allude to the slave property of the South, now worth $2,000,000,000. Is not this a case in point? But, Mr. Chairman, I will dismiss this subject for the present, and proceed to the consideration of another, which I deem no less important at this juncture of affairs, and to which I desire to call the attention of the committee and of the country. Sir, after a careful examination and close study of the principles and objects of the Republican party, as I find them embodied in their platform and the speecTies of their leading statesmen, and especially in the late speech of the Senator from New York, [Mr. Seward,] delivered at Rochester, I feel it to be my duty once more to warn the Souti of the approach of her enemies. These indications are unmistakable of a fixed purpose, and a fell design to crush our institutions whenever opportunity offers for a successful assault, and accumulating power gives strength for the onset. It matters not that such principles are at war with the spirit of the fathers which brought our Government into being; nor that their en- forcement will destroy.the peace of the country and subvert the temple of American liberty; onward to the death, is their motto, though fire and sword should clear the way to the goal of unhallowed ambition, and blood and bones mark the track T. MeGiLL, Print. / -^ c^ 27f of the destroyer. Are these the sentiments of a majority of the northern people'/ This is a pregnant question. Upon the fact hangs the destiny of the Piepublic. If not now in the ascendant, are they likely to control the northern mind :* The steady increase of power which has marked every step of the party hostile to s(mthern institutions, under whatovcr name for the time bt-ing it assumed; the unflagging zeal which animated them, and the persistent efforts which have been constantly put forth, not only by its leaders, but by the whole party, on every occasion and in every conceivable way, to arrest, embarrass, weaken, and hem in slavery, should warn the South of danger, and arouse our people throughout the country to the magnitude of iupending calamities. Sir, 1 had occasion, during the last session, to call the attention of this House to the subject, and to invoke the reflecting and conservative men of the North to a consideration of the measures of public policy, which in my judgment, were then demanded to prevent sectional collisions, which would certainly result in a dismemberment of the Confederacy. Subsequent elections throughout the North, disastrous as they were to the Demo- cratic party, have served to confirm mc in the opinions then entertained, and, I trust, have furnished evidence sufficient to remove doubts from the minds of all, about the propriety of providing additional guarantees protective of the rights and interests of the minority. We of the South can no longer rely solely upon national party organizations for safety. Some more sure and powerful agency must be brought into operation to perpetuate the Government, and protect our institutions. The spirit of fanati- cism, in its career to full and desolating dominion, has hitherto defied all the re- straints which Christain association, civil and political affinities, imposed; and now is "like the deaf adder that stoppeth her ear; which will not hearken to the voice of charmers, charming never so wisely." The Democrats of the North have fought long and well for constitutional equality, and manfully rolled back the tide of oppression which threatened to sweep over the constitutional barriers around the minority section. But they, too, have been stricken down ; and now, no hope remains for the country, ^avc in a prompt and radical amendment of the organic law. Outside of the time-honored party, no hand is left which we can grasp with the cordiality of friendship. They, however, though few in numbers,*and bereft of political power, still furnish the strongest incentives to union, if we can agree upon a basis of government gaurantying to each and all security against oppi^ssion. But let us look to the principles and objects of the llepublican part}-, which is now the controlling organization in almost the entire North. The Senator from New York, after laying down the postulate that the two .system of labor, North and South, are "incongruous and incompatible," and that "they cannot ex- ist permanently in one country," and affirming that "no aristocracy of slavehold- ers shall ever make the laws of the land in wliich I shall be content to live," goes on to say that the policy and designs of the slaveholding South is to establish slavery in every State in the Union ; and that the Democratic party is, and has been, a faithful ally, to carry out the scheme ; and to escape such a result there is left "only one way, the Democratic 2^i:fi't>/ must he permanently disluchjed from the Governmrnt." The reason is "that the Democratic party is iuextricablj^com- mitted to designs of the slaveholders which I have described." And further, "it is high time for the friends of freedom to rush to the rescue of the Constitu- tion, and that their very first duty is to diamisa the Democratic party from the administration of the Government." And still further, he says : '• Kvcry one known that it is tho I'opubliean party, or none, tliat shall liisplaoo the Dcniocrntic party. Pnbser- Tloncy to Hluvcry is a law wrillvn not only on Ihr lorclicnil of tlic Democratic party, but also on its very soul ; eo retislance to slavery, anil (tevotion to freedom, the popular elements now actively workinj; for tho Uepubliran party luiioug tbe people, vtii.it tnid vilt tn- the re.soureeg foritsever-rencwinii strenjrtli and constant InTii^ontiou." • • • • " I know that the Keniocratic party must )io down, and tiie Uepubliran party must rise into its place." • • « ♦ " It has already won advunlages which rouJor that triumph now both easy and certain." Sir, no higlitr eulogium can be pnssed upon the Democratic party than is to be found in the bitter invectives of the Senator, And this onslaught is made upon that time-honored orgauization, because, by contending for the equality which a common Constitution recognizes, it has been found on the side of the South, whose people never demanded any thing but her rights under that instrument. In the opin- ion of the Senator, that party now proudly stands the only barrier between fanati- cism and its cherished object — the entire overthrow and subjugation of the South. To clear the pathway of the Republican party to power, it must be " (h'slodjed." And to encourage the Free-Soil army to the attack upon the strong hold of the friends of the Constitution, the Senator endeavors to inspire faith and boldness in his followers, by the positive declaration, " I know that the Democratic party must go down, and the Republican party must rise into its place." " Fore- warned, forearmed," is an old adage by which we intend to profit. Let not that Senator, nor his followers, flushed with the prospect of easy triumph, plume them- selves upon their superior numbers, when they have " dislocljed the Democracy/," and dream that the battle has been fought and won. There still remains a cita- del untaken, manned by southern braves, which will defy your legions, and " laugh at the shaking of a spear." You cannot quench the spirit of liberty. You may succeed in conquering the Democratic party; but on that victory your glory will culminate. " Canst thou draw out leviathan with a hook ?" '' Lay thy hand upon" the South; " remember the battle; do no more." Sir, I deny that the interests of the two sections are necessarily incompatible. The very contrariety in pursuits and productions, which exists in the different sections of the country, constitutes a strong bond of Union; our natural depend- ence on each other for commercial prosperity and national security is the laneuao'e of Providence, designed to make us love, instead of hate each other. No'thin'^ but the wicked spirit of fanaticism, at war with all that is good and right and peaceable, can disturb our harmony. And when that Senator asserts, in the words of Napoleon, applied to Europe, that "it must be either all Cossack or all Republican," to illustrate the antagonism between the slaveholding and non- slaveholding States of this Union, he but publishes the desire of his own heart to destroy the institutions of the South. No one knows better than he does, that not a man in the South ever thinks of extending African Slavery over the north- ern States. He has not the remotest idea of any attempt by the South to do this. What, then, is the meaning of the declaration, unless it bo that this coun- try must become "all Republican ?" That slavery must be abolished when the Democratic party shall have been dislodged, and the republican party installed into power ? Sir, the Democratic party has aided the South only in standing by the Constitution, which recognizes and protects her rights. Is it for this that it must be dislodged and dismis&jd from' power ? In the opinion of that Senator, and the party for which he speaks, is the Constitution pliant to their purposes ? Is there no regard for that solemn compact ? Is the Democratic party the only obstacle in their way to full dominion and universal emancipation ? Such, sir, appears to be the opinion of the leaders of the Republican party. Whilst this truth furnishes to the South strong motives to cherish and maintain the Democratic organization, thus assaulted by her enemies, at the same lime it should warn us to look well to our other defenses; for parties, however pure in professions and principles, are swayed by the power of popular passions, and ebb and flow with the certainty, if not with the regularity, of the tides of the ocean. When a sound and healthy public opinion exists, they can develop and embody the purposes of the majority, and contribute to the growth and glory of the coun- try. But they will be found unequal to the task of protecting minorities for any long period of time. When needed most, then are they ever the weakest. So soon as public opinion and sentiment cease to be morally sound and healthy, a pure party goes into a minority and becomes useless for defense, and powerless to uphold a government. At this point the necessity arises for further distribution of power by consmutional compact, and such veto reservations to the weaker section as may enable i^ to check the inroads which every majority will sooner or later make upon the rights of the iniuoritj. iS\r, New York has spoken through her great loader, who utters the voice of a majority of her people, " that this country must be all Hcpublican." What say the New England States? A true exponent of their faith and principles, [3Ir. Washburn,] lately said, in this House, on the subject of our common Territories : " The Uepulilican party affirms that neprro fervitude is a deadly blight upon the social and economical condi- tion of a couotrv. Hene« it follows irresistiljly, that whenever the members of this party have the power to inhibit it, it is their duty to exorcise that power. Cont^resg can keep it from a Territory if it will pass a law for Its exclusion ; and from the State to be formed out of such Territory ; for in no community, from which slavery is excluded till it becomes a State, will it ever be subsetiuently established." How stands the case in the Northwest ? Let the senior member from Ohio [Mr. GiDDiNGs] speak for his party : " The gulf that separates the Republican and Democratic parties is broad and deep ; one reafioning and actin;; for freedom, the other for slavery, it becomes impossible for them to a?ree on any collateral question." • • • * " There is no neutral ground between right and wrong, between liberty and slavery." To these representative opinions may be added what the Republican party puts forth in its general platform : "*Iieso2vefI, That the constitution confers upon Conjrress sovieiffn power over the Territorie-i of the Cuitod 6tate3 for their government; and that, in the exercise of this power, it is both the right and duty of Congress to prohibit in the Territories those twin relics of barbarism, polygamy and slavery." Now, sir, I have given the.se few extracts from different portions of the North to show that they all agree : First, that the Democratic party, which they con- sider an ally of .slavery, ^^ shall he dbJodijed." Second, that, in comp»lete posses- sion of the uon-slavcholding States, they will have power suiHcient to control the legislation of Congress ; and when fully installed and firmly fixed in power they will use it to the destruction of slavery. They do not propose directly to meddle with the institution in the States, but will first confine it to the present area, by excluding it from all the common Territories. This having been done, they will then prohibit the trade between the States. Then will follow its inhibition along the coast. Next, its abolition in the District, navy, and doek-3'ards, &c. During the time of these operations, by protective tariffs and high duties, discriminating against slave products, they will gather the profits of slave labor, and squander the legitimate fruits of our industry upon multiplied objects of improvement in their own section, until the institution, completely depressed and depleted, will fall an easy prey to their designs. This is the programme of the Republican party. That it will be carried out, fully and speedily, I have not a doubt, unless resistance be made promptly and firmly at every point. Knowing as I do the southern people ; their intelligence, patriotism, and temper ; their ability to maintain their rights, and their nerve to repel aggression, come from what quarter it may, I must conclude that the cen- tralization of political power in the Federal Government, by a comhlnatlon of the free States, will not enable them to accomplish their purpose set forth, but will certainly produce collisions between the sections disastrous to the peace of the Union . Let us for a moment suppose that this feeling at the North, inimical to slavcrv, has been stimulated by hypocritical leaders, with a view to consolidate their strength, and to get power, rather than with any ulterior design of actual aboli- tion ; still, I must believe that the masses, whose minds have been excited and passions inflamed against us with the zeal of honesty, will pursue their purpose to its accomplishment. No human ability will be strong enough to suppress the agitation, or to direct the whirlwind, which drives to the complete demolition of the object of their hatred. The masses of the North, taught to believe that southern pro.'jperity is their loss, and that the destruction of African labor would enhance the profits of white labor, together with that fanatical religious class ^ho believe that enmity to slavery is friendship with God, would not rest con- tent with the mere honors of office ; but, once in power, will demand the fulfillment f>f their expectations in the total destruction of the institution of slavery. For the last eight years, the Government has been in the possession of the ijou-8laveholding States of the I'liiuu, every departnient of it; and nothing but 5 the conservative position of the Democratic party, which has controlled it during the time, has prevented aggressive legislation of the most odious and oppressive character. Gradually, hut surely, the Free-State party has been growing, until every power of the Federal Government is almost within its grasp. Every election at the North demonstrates the weakness of the friends of the Constitu- tion. The time is not far distant when the experiment will be made, whether the Government can be administered in that spirit of justice and equity which has hitherto blessed our people, and promoted and prospered the institutions of all parts of the country. That it cannot be done without a wise distribution of power, so as to produce an equilibrium between the various conflicting interests, or at least attain a safe approximation to an equipoise, the history of all Govern- ments clearly teaches. A combination between the uon-slaveholding States, by which all the depart- ments of the Government are secured and its powers completely centralized, has defeated the intention of the framers of our Constitution, and rendered the divi- sion of power provided in that instrument comparatively useless. It is true that we have a President armed with the conservative veto to check unwholesoiLiO legis- lation; but this ofl&ce can be controlled by the cGinhination. It is true we have a Senate equalizing the powers of the respective States and a check upon popular passion ; but that body can be controlled by the combination. It is true that we have a House of Representatives to speak for a majority of the people of the States, but that body can be controlled by the comhination. The Supreme Court, organized for life, or during good behavior, and thus in a groat degree made in- dependent and free from all^ party prejudices, surely is a safeguard to the Con- stitution ? But a threat has already been made to reorganize this august tribunal, and it can and will be controlled by the comhination. Thus it will at once be seen that, whilst all the forms of the Constitution are left, the substance of the original compact can be destroyed. The Government has ceased to be what it was in the beginning — a Government of divided powers, with its wise system of checks and balances — and is but little removed from that consolidated state which amounts to a complete revolution, and v.nli surely lead to a centralized despotism. He is, indeed, a dreamer, who imagines that the rights of the States can be secure, or that civil liberty can long survive in such a state of afiairs. These evils must be remedied forthii-ifJi,. There is not a moment to be lost in the effort to restore the Constitution to its pristine vigor and purity. In the present calm of the public mind, a short pause in popular passion and sectional strife, the twilight hour before the darkness comes on, let us recur to first principles, and summon all our strength ia the last attempt to save tlie liberties which our Union was formed to foster and secure. Perhaps I shall be told that we are safe from the aggressions of Federal povver, because of the barriers which State sovereignty erects around the reserved rights of the States ; that these cannot be encroached upon without a palpable violation of the Constitution and assumption of despotic power which no party would at- tempt. Let it be remembered that the tyrant stealthily, like the tiger, approaches his pre}' until within reach, when, throwing all reserve away, he springs suddenly upon the object of desire. These barriers, however sacred, and, in a well-bal- anced organization, however strong, will prove ineffectual against the comhination which I have described ; and like the other defenses, would either yield to the swol- len current of usurpation, or, by firm resistenee, produce the collision which con- stitutions and compacts were made to avoid. Hence, the conclusion is inevitable that without additional checks to Federal power, our present system, when the Government shall have passed into the hands of the combined majority section, will result in collisions and revolutions totally incompatible with the integrity of the Government. Nothing now prevents this catastrophe but the national Demo- cratic party. And shall we longer risk ourselves and hold the rights and libertiea of our people upon a tenure so frail ? What assurance have we that any mere 6 party organization will last a twelve month ? And if it should last, who can pre- dict its change of policy ? Something more stable than mere voluntary orgnni- zations, liable to be " tossed to and fro, and carried about with every wind of doc- trine," is demanded for permanent safety. The Constitution points to the remedy in that wise provision for its own amendment, contained in the fifth article : " The Conpross, whenever two-thirda of l)oth House; sliall deem it )iecfssari/,!'ha\l propose amendments to this Constitution; or, on the application of tlie Lej^ishitures of two-thirds of the several States, shall call a convention for proposini; amendments : whirh, in either case, shall be valid to all intents and purposes as part of this Con- stitution, when ratified by the l.ejfislatures of tliree-fourths of the several States, or by conventions in three- fourths thereof, as the one or the other mode of ratifloatiou may be proposed by the Congress."' The framers of this great instrument did not anticipate, whilst multiplying checks, and distributing power into several departments with a view to guard against centralization, that from an unseen source a monsttr would so soon spring forth to grasp all the departments, and wield undivided power to the destruction of liberty; that legislative, executive and judicial functions would, by a comhina- tion of jSiatrs, be absorbed by one section, and directed with one will. But, guided by a wisdom beyond their abilities, and in the exercise of a prudence be- 5'ond their forecast, our fathers inserted the clause above quoted, leaving to their descendants the duty to watch the encroachments of tyranny, and, by timely amendment of their work, to provide other safeguards when needed for the preser- vation of the great principles which this Confederacy of States was made to pro- tect and perpetuate. The Constitution was ordained by the sovereign parties to the compact as a safe rule of action for majorities in exerci.^^ing the powers of Government, not to infringe the rights of minorities or individuals. It does not rerjuire the unanimous voice of the people in the passage of a law which would be the perfection of government, but approximates to universal consent, in the system which it adopts requiring concurring majorities. Experience has taught us that wo must approximate nearer still the general consent, in legislating for the country, by interposing other checks to the power of simple majorities, or the rights of the minority will be endangered. The con- current majority of the States^ and of the people of the States, as expressed in the choice of the President, possesses now the right in the exercise of the Execu- tive veto, to demand for the passage of a law the concurrent majority of two-thirds of the members of the Senate and House of lleprcsentatives. Now, I believe, if a veto power was by an amendment of the Constitution given to each sovereign State when in a legal convention of its people, applicable to all Federal acts, judged by the State to be injurious to its rights, and all laws thus vetoed to be null until restored by the concurrent majority of two-thirds of the Federal Leg- islature, a sufficient guarantee would be aiforded to insure the minority against usurpation, and would still preserve in the majority legi.t resolution before Congress, the attention of the country has been called to it, and 1 trust that the voice of condemna- tion will be full and emphatic. Sir, the hearts of our people responded to the Monroe doctrine when first announced, and will continue to demand a policy which prohibits lluropean interference with the affairs of this continent. Our duty and our destiny refrpetua»e our liberties. m AOt .V o. 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