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NO one, who has the welfare of his country at heart, can look with indifference upon the approaching session of Con- gress. If general report, and the declarations of some of the principal newspapers in this quarter of the Union, are to be credited, that great and solemn question, which has already- shaken the republic to its foundation, is again to be contested. The admission of Missouri into the family of states is to be again opposed, when her constitution is laid before congress. The toleration of slavery by this instrument is to be held forth as the reason for prohibiting her entrance ; and the warm and universal feeling of repugnance which is known to exist in the eastern and middle states against the extension of that evil, will, it is supposed, induce the people to second the measure with the same unanimity that was displayed on the first agita- tion of the question. Nothing, it seems, has been gained by the experience of the last session of congress. The lessons which that memorable period ought to have inculcated, appear to be neglected. What has been solemnly and harmoniously decided, is now to be violently unsettled; the torch of discord is to be again lighted ; " rancour" is to be " put into the vessels of our peace ;" and the fortunes of the republic are once more to be s'et adrift. Whatever may be the opinions of individuals upon the abstract right of holding human beings in bondage, however deeply they may deplore the existence of slavery in the United States, and however ardently they may desire its extinction, (and no one can have a greater abhorrence of this pernicious evil than I have) with all its crimes and miseries, I do conceive the calamities that are likely to spring from the renewal of the discussion to be so much greater and more alarming, that no true friend of our happy and blessed Union can hesitate which alternative to prefer. With the proceed- ings of the next session of congress I believe the destinies of the Union to be connected. Whether this great and admirable republic is to i"emain united and prosperous, a monument of the beauty and efficacy of free institutions, or to be violently resolved into its original elements, and to become the theatre and prey of a fierce intestine conflict, will, it appears to me, mainly depend on the final settlement of the Missouri Ques- tion. If this subject be passed over in harmony, — if Missouri be admitted, as she claims to be, on the same footing with Kentucky, Tennessee, Louisiana, Mississippi, and Alabama, that is, with the privilege of determining for herself on the subject of slavery, there appears nothing in the perspective from which the Union has aught to apprehend. But if, on the other hand, we are to persist in the determination of shackling her with restrictions, consequences the most awful will proba- bly ensue. Impressed with the opinion that great moral and political mischiefs will follow even from the agitation of the question anew, and believing that an adherence to the princi- ples of the compromise agreed upon last winter is required by reason, humanity, and political expediency, I conceive that no effort should be wanting to prevent a renewal of the dis- cussion. The Missouri Question, as it was presented to the con- sideration of the last session of congress, was admitted on all sides to be the most delicate and difficult question that had arisen since the adoption of the present constitution. Perhaps it is not going too far to say, that no question was ever discussed before a legislative bod}', more complicated in its connexions, or pregnant with more important conse- quences. The constitutional right of the legislature, under our peculiar form of government, to prohibit the introduction of slavery into the new states and territories; the right to pro- hibit the introduction or holding of slaves, in the particular case of Missouri, in opposition to a supposed covenant in the treaty with France by which the territory was acquired ; the expediency of exercising such right, supposing it to exist; the 5 effect of the proposed restriction upon the condition of the slaves at present existing in the elder states, and upon the fu- ture increase, by procreation or importation, of that unfortu- nate race ; the consequences of the proposed restriction upon the character and capacities of the white population of Mis- souri and the territories, considered with reference to their morals and to their political privileges and duties as members of the confederacy ; the consequences of the proposed restric- tion upon the political importance of the different sections of the Union ; and, above all, its effect upon the health and per- manence of that Union, — were considerations which gave the subject a most fearful and unusual importance. It was a subject upon which some of the first men in the country differed, and upon which, if considered connectedly with its threatened po- litical consequences, the best and wisest men in any country might differ. To the moralist of a foreign nation, the naked question, whether the doors of a new and unpolluted land should be thrown open to the admission of evil, would appear too plain and self-evident to admit of doubt. But when the right to prohibit was denied by those upon whom it was to be exercised, and the consequences of persisting in the claim appeared in their full magnitude, a different question was pre- sented. On the one hand, was to be considered the pi-obable increase of a servile population, at once the curse and reproach of the nation; and on the other, the possible destruction of our happy republic, the source of prosperity and comforts to mil- lions of a better race, or at least the certain creation of hostile feelings between the members of a confederacy, which, in or- der that it may be at all beneficial, requires, more than any other species of government, the aid of mutual harmony and deference. It may be doubted whether any political question ever re- ceived more ample consideration. Long before the assem- bling of congress, public meetings had been held in different parts of the United States, at which it was fully canvassed. The newspapers, especially those of the eastern and middle states, teemed with essays and paragraphs upon the subject ; while pamphlets, enforcing the right and expediency of the restriction, were circulated with eagerness through the com- munity. In congress, the period of time occupied with the discussion of the question was commensurate with its impor- tance. The most eloquent, the most argumentative, and the most diffuse speakers in either house took part in the debate ; and every thing that ingenuity or research could bring to bear upon the point, was produced and enforced. In the senate, where the discussion commenced, more than thirty days were occupied, either partially or wholly, with the orations (for so many of the speeches may be called) of the advocates and op- ponents of the restriction. For thirty-six days, little other business was transacted in the house of representatives. The whole public business of the nation was at a stand, at a time when urgent necessity existed for the despatch of important measures. No appropriations were made for the support of government, the consequences of which were felt in every de- partment. The veterans of the revolution, whom the tardy gratitude of the legislature had at last provided for, were now dismissed unpaid from the pension-offices. The great ques- tions regarding the manufactures, the bankrupt system, and the public lands, upon which so much of the welfare of the country depended, were suffered to remain unsettled. The danger of sectional questions began to appear from the debate. Local animosities displayed themselves. Brethren of the same nation seemed to look upon each other as aliens; and measures which no true friend to his country can contemplate without horror, were not obscurely hinted at.* After a debate unexampled in our history, the vote was taken upon the question, in both branches of the legislature. A large majority of the senate decides against imposing the restriction. A majority of nine, in the house of representa- tives, determines in favour of it. The two houses being thus at issue, a committee of conference is appointed on each side. A plan of compromise, by which each party yielded some- lliing, is reported, and agreed to by a majority of both houses. Harmony is restored, — the public confidence re-established; • See Note A. provision is made for the support of government ; and the business of the nation proceeds without further interruption. When we reflect upon the public inconvenience that was removed, and the danger that was avoided, by this happy compromise, it is natural to suppose, that the advocates of re- striction, that all true philanthropists, would rest satisfied with the really considerable victory they have obtained ; and that, weighing in the scales of prudence the certain gain of a limit- ed but immense territory, with their possible success in the whole at a risk of blood and desolation, they would leave to time, and the progress of better feelings, the task of emancipa- tion in the um-estricted countries. Reason, which can never be divorced from philanthropy, might say to those who op- posed the extension of slavery — You have laboured nobly in the cause of freedom, and in support of the true policy of the republic. Those whom a mistaken sense of interest, or the pride of opinion, or local prejudices, or constitutional scruples, have led to oppose you, will, at no distant day, acknowledge the purity of your motives and the soundness of your views. You have done well, and you have gained much : but true philanthropy no more requires of her advocates to enforce her principles at all hazards, than true religion expects of her vo- taries that they should make proselytes with fire and sword. The freedom and comfort of the African race are certainly objects worth a strenuous effort to obtain; but if they are to be bought at the expense of the peace and happiness of this country, the price is too great. To the advocates of the restriction, as it was attempted to be enforced at the last session, no improper views can, I think, be fairly attributed. Most of them, I am satisfied, look with a single eye to the welfare of their country and the human race ; and even their opponents must admit, that in that me- morable contest, they displayed, with a few exceptions, a pru- dent and temperate tone, worthy of the highest praise. I agree with them fully, that the congress possesses a constitutional right to impose restrictions both upon states and territories, and that it was expedient to impose that restriction upon the state of Missouri, provided such measure could be carried through without danger of weakening the bonds of union; and I believe that by far the greater part of the friends of negro emancipation are bounded in their ideas of expediency by the same limits. JVIany of them I know well enough to be sure that they would disdain to build up the fabric of their own ad- vancement with the materials of general philanthropy. That worthy and useful sect of Christians, to whom we in Pennsyl- vania owe so much of what is good and excellent in our insti- tutions, were among the principal advocates of the restriction; and those who are acquainted with their principles, know how far from them is every thing like political intrigue. One of the earliest and warmest opponents of the unrestricted admis- sion of Missouri, is a member of that society, a philanthropist in the genuine sense of the term, the purity of whose views was never darkened by a suspicion of selfishness, even in the worst times of party violence, — who, from the days of boy- hood, has been first and foremost in all measures of public use- fulness to his native country, — and whose benevolence is as eager and untiring as it is sincere and disinterested. There are, however, perhaps others, and possibly no incon- siderable number, who have enrolled themselves under the sacred banners of philanthropy, with far different principles and views. It is difficult to bring oneself to believe that there are many among us who desire to produce a dissolution of the Union. The project is so politically monstrous, bears on the face of it so much moral deformity, and is so repugnant to the natural feelings of Americans, that no other than one despe- rately bankrupt in reputation and fortune could possibly enter- tain it. But, without being guilty of designs so atrocious, a portion of those by whom this unhappy question is again to be stirred up may have views of personal aggrandizement, to the furtherance of Avhich the cloak of philanthropy may be found sufficiently well adapted. Political history is not defi- cient in precedents of this nature. In all ages of the world, religion and morality have furnished pretexts for designing men to promote their own purposes. If it be asked, in what 9 manner the Missouri Question can be brought to operate in favour of political views, the answer is not difficult. The old party distinctions, that for nearly thirty years divided and agitated the nation, seem to be nearly obliterated. On princi- ples of foreign policy at least, if not on most questions of a domestic nature, no great difference of opinion seems to exist. The principal offices, however, in the general government, and in that of most of the states, are held by republicans ; and there is little probability of any of the leading federalists, more especially of such as were prominent in the last war, reaching any considerable height in public affairs, as long as opposition is made on the old party grounds. The great body of the \ people have imbibed too deep an aversion to the principles avowed by some federal leaders, ever to flock around the / federal standard, as such. If, therefore, there be, ainong those who for the last twenty years have been engaged in an ineffec- tual political contest, any who are still possessed of the craving for power and emolument, it is plain, that in order to possess even a hope of success, they must raise a new standard. The present moment, too, is the most favourable that could be seized, for laying the foundation of new party distinctions. Men who, under their primitive appellation of federalists or repubhcans, have found it impossible to gain the public confi- dence, may, by a change of name, and a lucky adoption of soine popular principle, flatter themselves with the hope of effecting their purpose. The charge of hostility to the consti- tution, — the clamour of French influence — the predictions of ruin, and subjugation, and military despotism, from the late war, — even the popular theme of taxation, — all these have availed nothing to dislodge the leading men of the republican party from the hold they had gained in the affections of the people. But the Missouri Question was one in which the \ ^ old party feelings could apparently have no play. It was a mixed question of morals and policy, one in a great measure new, and calculated to excite the feelings of the people of the states in which slavery is not tolerated. It was a fruitful theme for eloquence and invective, and naturally gave great advantages to those who supported the cause of restriction (2) 10 over their opponents. The settlement of the question by com- promise must therefore have been signally mortifying to those (if any th.^re were) who sought to make use of it as the ladder of political elevation. The renewed agitation of the question, if it be not brought about by this description of politicians, cannot fail at least to be serviceable to their views. The flame will be fanned by their efforts, and managed no doubt with adroitness, in the hope of producing the desired effect. If among those opposed to the compromise, there be any who are actuated by political schemes, it is plain that it would tend to further those schemes greatly, to represent particular individuals, citizens of the " slave states," as improper to fill the public offices. It would doubtless be urged, that public functionaries, above all other men, should be free from sin, or the reproach of sin; and that nothing can b',' more sinful or reproachful than to hold human beings in bondage. Should there happen to be, in one of the " free states," an ambitious politician, who had raised his views to the presidency, and found that ordinary efforts were insufficient to elevate him to that station, it would clearly be his interest to take advantage of this opportunity of forming a new partv. His adherents would endeavour to impress upon the people the superior fitness of one who was not a holder of slaves, for the station of chief magistrate of a free republic, — and the moral deformity of the spectacle that is at present ex- hibited. The existence of domestic slavery, and the clandes- tine continuation of the slave trade, would afford fruitful themes for declamation and excitement; and it would proba- bly be asked — " Whether the executive authorities are so com- posed as to allow the hope, that xvhile they are filled from the same quarter^"^ the legislative measures on this subject will ever be fully and zealously carried into effect.* In pursuance of the same system, the features of domestic slavery in the southern states would be distorted and caricatured, the political advan- tages of the slave states exaggerated, and every opportunity taken to stir up and enlist on their side the honest feelings or prejudices of the people.f • See Note B. f See Note C. a As long as men have the liberty of freely expressing their opinions, distinct parties will exist ; and if, in the new forma- tion of parties that must before long take place, divisions simi- lar to those of the republicans and federalists should arise, no great mischief would probably happen. But it is an incontro- vertible truth, that in a republic like ours, the most dangerous of all parties are those which arise from sectional distinctions. " In contemplating the causes which disturb our union," said that illustrious man, whose name and character alone, if there were no other motives to it, ought to be a bond of union, as the glory of it belongs to us all, " it occurs as a matter of seri- ous concern, that any ground should have been furnished for characterizing parties by geographical discriminations, — Northern and Southern^ — Atlantic and Western; whence de- signing men may endeavour to excite a belief that there is a real difference of local interests and views. One of the expe- dients of partij to acquire influence -within particular districts^ is to 77iis rep resent the opinioiis and aims of other districts. You cannot shield yourselves too much against the jealousies and heart-burnings which spring from these misrepresema- tions : they tend to render alien to each other those who ought to be bound together by fraternal affection." Nothing can tend more to bring about a dissolution of the Union, than the formation of parties not differing on questions of foreign poli- cy, nor of such domestic measures as the encouragement of manufactures or commerce, in which cases the members of each party may exist in every quarter of the Union, but actu- ally bounded and designated by fixed geographical marks, all of one party being in one half of the Union, and all of the other party in the remaining half. When we reflect how far the mildest and best of men may be led by party zeal, how much the feelings become inflamed by contest and opposition, to what lengths of recrimination and retort party zealots will go, it is impossible to think without horror of the consequences that would flow from sectional parties. In ordinary cases, party spirit may be often mitigated by the intercourse in soci- ety of those who differ upon political matters : but how little of this check would exist, if the people of the east, and those 13 of the soutli, were formed into opposing factions ! When, during the hite war, it so happened that a majoritv of the peo- ple of some of the most eastern states were opposed in political sentiments to a majority of the people in the other states, it is well known to what extremities the leaders of the ruling fac- tion in the former states would have pushed the people, al- though there existed within those states a strong and respect- able minority. Now the Missouri Question, if persevered in, must at all events produce geographical parties. This is one of the least of the evils to be apprehended from it ; and it be- hooves those who value the peace of the nation, and the inte- grity of the Union, to be on their guard against the efforts of such as would renew the discussion. For the motives of those who honestly believe that the honour or interests of this coun- try, that religion or morality, requires that Missouri should not be admitted into the Union without restriction, I have the highest respect : I believe them, however, to be mistaken; and I hope to be able to show them, that they have censured the celebrated compromise of that question without sufficient consideration. It is to the sober sense of the community, and not to their passions or prejudices, that an appeal on so mo- mentous an occasion should be made. The great body of the people will always decide rightly, when the whole ground is laid open to them, however they may be occasionally led into error by designing men. Philanthropy and humanity are words which sound well on the tongue, and come gratefully to the ear ; and those find the easiest access to public affection who assume them as their text. Prudence, which the ancient poet considered as comprising every virtue, is too often dis- regarded, amid the tumult and violence of party spirit. With- out consulting her lessons, however, humanity and philanthro- py would shower curses, instead of blessings, upon mankind. Of the points so strenuously and diffusely argued in the original discussion of the JVlissouri Question, the public must now be sufficiently weary. Every thing that could be said, on the constitutionality and expediency of the restriction, has been urged by the numerous writers and speakers on the 13 opposite sides. Every man in the community, at all conver- sant in political affairs, must have had sufficient light on this subject, to enable him to form a decided opinion. The com- promise, however, I think, has never received the examination it was entitled to. It has been attacked with vehemence, by the zealots of both parties : those who gave it their votes, after supporting the restriction, have been held up to the ridicule and indignation of their fellow citizens; and so successful have been the violent opposers of Missouri, in their efforts to decry and misrepresent it, that in this quarter of the Union, scarcely a voice has been raised in its favour. From the almost uni- versal sentence of reprobation that has been passed upon this settlement, one not acquainted with the history and constitu- tion of this country, or with the peculiar circumstances of this question, would be led to suppose that the system of compro- mise was new to our annals and unheard of in our legislation, and that the particular measure in question involved some great sacrifice of a moral or political right, made without any existing necessity, a gratuitous assumption of evil, and, from its peculiar deformity, in nowise binding upon the conscience or good faith of the people.* How far such conclusion is well founded, will be seen from the view I propose to take of the subject. It is, I think, demonstrable,^ — ■ I. That the union of these states derived its existence from a spirit of compromise; that our present admirable constitution was built upon the basis of compromise ; that its spirit has pervaded our whole legislation ; and that nothing but an ad- herence to that original and vital spirit can preserve us from discord and disunion. II. That there was nothing in the compromise of the Mis- souri Question, at the last session of congress, to render it obnoxious to public censure ; that, on the contrary, it will, if adhered to, produce great public benefit ; but that, whatever may be our opinions of its propriety, we are bound by good faith and policy to fulfil it. * See Note D. 14 I. If any doubt could be entertained that our union and con- stitution derived and maintained their existence from com- promise and concession, a brief review of our political history will be sufficient to satisfy the reader. He will there see what mutual forbearance with the prejudices and errors of brethren has done to remove difficulties, to soften animosities, to awa- ken kindly sentiments, and finally, to create that beautiful sys- tem of polity whose blessings we are now experiencing. No one can form a just estimate of our political condition, who is not prepared to make the fullest allowance for the ra- dical difference that exists between a confederacy of states, and a homogeneous mass, composing an entire and indivisible nation, such as exists in many parts of Europe. From the earliest settlement of this country, geographical and political lines have separated the people into distinct communities, with distinct laws and governments. Although generally peopled from the same fountain, no more political union existed be- tween them, previous to the revolution, than there is at this moment between Jamaica and Hindostan, both of which are, however, provinces of the same empire. When it became necessary to take up arms against England, a coalition offerees and councils was agreed upon, and as tlie royal authority be- came virtually extinct, this coalition was extended and con- firmed by a confederation, the great features of which were the perfect equality, and, with very few exceptions, the sove- reignty, of the allied states. Limited, however, as were the powers of the general government, and the deductions from the sovereignty of the individual states, the task of bringing them to revolve haimoniously in one system, appears to have been no easy one. So conflicting were the interests, so oppo- site the political views, so strong the prejudices, of different sections, even under the perilous circumstances of the times. The example was then first set of compromise, of a mutual concession of a portion of interfering claims and opinions, which is necessary for the public good. We find the expedi- ency of acting upon this principle, strongly urged by congress, in their circular letter to the states, (dated at York Town, 15 November 17, 1777',) which accompanied the act of confede- ration. " To form a permanent union," said this venerable body, " accommodated to the opinions and wishes of the de- legates of so many states, differing in habits, produce, com- merce, and internal police, was found to be a work which no- thing but time and reflection, conspiring with a disposition to conciliate, could mature and accomplish. Hardly is it to be expected, that any plan, in the variety of provisions essential to our union, should exactly correspond with the maxims and political views of every particular state. Let it be remarked, that after the most careful inquiry, and the fullest information, this is proposed as the best that could be adapted to the cir- cumstances of all ; and as that alone which affords any tolera- ble prospect of general ratification. Permit us then earnestly to recommend these articles to the immediate and dispassionate attention of the legislatures of the respective states. Let them be candidly reviewed, under a sense of the difficulty of com- bining in one general system, the various sentiments and in- terests of a continent divided into so many sovereign and in- dependent communities, under a conviction of the absolute necessity of uniting all our councils, and all our strength, to maintain and defend our common liberties : let them be exa- mined with a liberality becoming brethren and fellow-citizens, surrounded by the same imminent dangers, contending for the same illustrious prize, and deeply interested in being for ever bound and connected together by ties the most intimate and indissoluble; and finally, let them be adjusted with the tem- per and magnanimity of wise and patriotic legislators, who, while they are concerned for the prosperity of their own im- mediate circle, are capable of rising superior to local attach- ments, when they may be incompatible with the safety, happi- ness, and glory, of the general confederacy." When the articles of confederation were laid before the re- spective states for their consideration, the numerous objec- tions that were made to different provisions, notwithstanding the eloquent representation of congress, displayed in a strong light the opposition of interests that prevailed. One of the articles which seems to have excited the strongest animadver- 16 bion, was that which 'provided that the quota of troops to be furnished by each state, should be in proportion to the number o( white inhabitants in such state. This oi^jcction was parti- cularly taken by the states of Pennsylvania and New Jersey; by the latter, in a memorial addressed to congress, in which the hardship of the rule upon the " free states" was particu- larly pointed out. So early did this unfortunate question arise in our history. In consequence of this and other objections to the instrument, its ratification was delayed for a considera- ble period. It is probable, that then, as now, political agita- tors were at work, to prove the sinfulness of compromise, and the impolicy of sacrificing political rights. At length, how- ever, the spirit of harmony and concession prevailed ; and on the 9th of July, 1778, it was ratified by all the states, except New Jersey, Delaware, and Maryland. To these, the general government addressed a second letter, in which the necessity of mutual forbearance was again insisted upon. " Congress," it was said, " intent upon the present and future security of these United States, has never ceased to consider a confederacy as the great principle of union which can alone establish the liber- ty of America, and exclude for ever the hopes of its enemies. Influenced by considerations so powerful, and duly weighing the difficulties which oppose the expectation of any plan being formed which can exactly meet the wishes and obtain the ap- probation of so many states, diff"ering essentially in various points, congress have, after mature deliberation, agreed to adopt without amendments, the confederation transmitted to the several states for their approbation." This appeal to their American feelings prevailed, and the non-concurring states finally agreed to ratify the articles of confederation as they stood, preferring to sacrifice minor points to risking the great oliject of union. It would not be a difficult matter to detail numerous instances, to prove that the spirit of compromise and forbearance prevailed to a great extent in the period be- tween the declaration of independence and the formation of the new constitution. Strong evidence of this fact appears in the cession, made by several of the states, of their, vacant lands, for the common benefit. The example was set by New York, 17 and the reasons given, in the preamble to the act of cession, display the feelings that were then predominant among the community in that section of the republic. " Whereas nothing under Divine Providence can more effectually contribute to the tranquillity and safety of the United States of America, than a federal alliance, on such liberal principles as will give satisfaction to its respective members ; and whereas the arti- cles of confederation and perpetual union, recommended by the honourable congress of the United States of America, have not proved acceptable to all the states, it having been conceiv- ed that a portion of the waste and uncultivated territory with- in the limits or claims of certain states, ought to be appropri- ated as a common fund for the expenses of the war : and the people of the state of New York, being on all occasions dis- posed to manifest their regard for their sister states, and their earnest desire to promote the general interest and security ; and more especially to accelerate the federal alliance, by re- moving, as far as it depends on them, the before mentioned impediment to its final accomplishment," &c. Virginia followed, by a liberal relinquishment of all its land north-west of the river Ohio. Massachusetts and Connecti- cut made similar grants of all their claims to western land, and South Carolina threw into the general fund all its south- western territory. The preamble of the act by which the lat- ter state conveyed its rights to the United States, breathes a similar spirit with that of New York. " Whereas the congress of the United States did, on the 6th day of September, in the year 1780, recommend to the several states in the Union, hav- ing claims to western territory, to make a liberal cession to the United States of a portion of their respective claims, for the common benefit of the Union : and whereas this state is willing to adopt every measure which can tend to promote the honour and dignity of the United States, and strengthen their federal union," &c. When we consider the immense extent of the territory ceded by these states to the confederacy, and the various interests that must have operated to induce them to retain the property of the soil, and to forbid the narrowing of their respective limits, it must be acknowledged that the (3) 18 sacrifice thus made at the shrine of concord, was of no ordi- narv magnitude-. When, in consequence of tlie flagrant defects in the old sys- tem of confederation, alterations became necessary in some of its principal features, new difficulties arose, which could only be surmounted by an increased spirit of accommodation. So clashing were the interests and views represented in the con- vention, that it has been said nothing but the authority of the great men who composed it could have availed to obtain the ratification of the constitution. Every ai'ticle of that consti- tution bears the stamp of compromise, and that, the very name of which political manoeuvre or a mistaken zeal is now striving to render obnoxious, was considered by the illustrious patriots of those times as the vital breath of the Union. Upon that they rested their hopes of a free and efficient government, which should " establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to themselves and their posterity." The concessions too that were made on that oc- casion, let it be remembered, were not merely concessions of political feelings and local claims, but concessions of what are considered moral principles^ for the sake of union and good government. When they call to recollection when and by what kind of men those concessions were made, let the un- bending advocates of restriction, the opponents of all compro- mise and concession, take a lesson of humility and prudence. In their letter to congress, which accompanied the consti- tution, the convention conveyed their views of the necessity of a mutual yielding and abandonment of prejudices and local interests, in language which is equally applicable to the pre- sent period. '' It is ob\ iously impracticable, in the federal government of these states," said they, " to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all. Individuals entering into society, must give up a share of liberty to preserve the rest. The magnitude of the sacrifice must depend as well on situation and circumstance, as on the object to be obtained. It is at all times difficult to draw with precision the line between those 19 rights which must be surrendered and those which may be reserved ; and on the present occasion, this difficulty was in- creased by a difference among the several states as to their situation, extent, habits, and particular interests." " In all our deliberations on this subject, we kept steadily in view that which appears to us the greatest interest of every true American, the consolidation of our union, in which is in- volved our prosperity, felicity, safety, perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each state in the convention to be less rigid on points of inferior magnitude, than might have been otherwise expected ; and thus the constitution which we now present is the result of a spirit of amity, and of that mu- tual deference and concession which the peculiarity of our po- litical situation rendered indispensable." " That it will meet the full and entire approbation of every state, is not perhaps to be expected ; but each will doubtless consider, that had her interest been alone consulted, the con- sequences might have been particularly disagreeable or injuri- bus to others. That it is liable to as few exceptions as could reasonably have been expected, we hope and believe ; that it may promote the lasting welfare of that country, so dear to us all, and secure her freedom and happiness, is our most ardent wish." The magnitude of the sacrifices made on this occasion, the nature of the compromises by which union and the constitution were preserved, can only be estimated properly by a review of the different parties that agitated the convention. These may be classed under the following heads : — 1. The political interests of the greater and lesser states were opposed to each other. 2. The interests of the commercial and agricultural states were in opposition. 3. An opposition of feeling and interest existed between those states which possessed slaves, and those which had abo- lished slavery. 1. The debates which took place in the convention have never been given to the world. They sate with closed doors; 20 and it is only within a few months that their Journal has been piiljlished. In the different state conventions, however, parts of their proceedings, and sketches of their debates, were made known by some of the members. The fullest account of the views of the framers of the constitution, and of the difficulties they met with in the convention, is to be found in " The Fede- ralist," "a work," say the PLdinburgh Reviewers, "which exhibits an extent and precision of information, a profundity of research, and an acuteness of understanding, which would have done honour to the most illustrious statesmen of ancient or modern times." In the 37ih Number of those Essays,=»<= we find the following remarks on this subject, which deserve to be attentively weighed at the present period : — " To the difficulties already mentioned, may be added the interfering pretensions of the larger and smaller states. We cannot err in supposing that the former would contend for a participation in the government, fully proportioned to their superior wealth and importance ; and that the latter would not be less tenacious of the equality at present enjoyed by them. JVe may xvell suppose that nc'itlier side would enttrehj yield to the other, and consequently that the struggle could be terminated only by com- promise. It is extremely probable, also, that after the ratio of representation had been adjusted, this very compromise must have produced a fresh struggle between the same parties, to give such a turn to the organization of the government, and to the distribution of its powers, as would increase the importance of the branches, in forming which they had respectively ob- tained the greatest share of influence. There are features in the constitution which warrant each of these suppositions; and as far as either of them is well founded, it shozus that the con- vention must have been compelled to sacrifice theoretical pro- priety to the force of extraneous considerations.'''' The strength of the arguments that we may presume to have been urged by either side of the question, will show how much difficulty must have existed in elTecting a compromise. The convention — (it was doubtless urged by the representa- • Written by Mr. Madison. *> 1 lives of the smaller states) — was an assemblage of envoys from sovereign and independent communities : that all sovereigns being equal in the eye of the law of nations, as all men were equal in their political rights in the eye of the municipal law, it followed, that in the proposed plan of union, each state ought to be allowed an equal representation in the national council. The obvious danger to the smaller states, of being swallowed up or partitioned by the greater sovereignties in their vicinity, in case a contrary system was adopted, must have been insist- ed upon by their delegates, with a warmth which an attach- ment to the rights and dignity of their native state, however circumscribed in territorj- that state might be, would naturally create. On the other hand, it was probably said, with no less zeal, that the new constitution was proposed as one emanating from, and binding, the people as one nation, however, for cer- tain purposes, they were politically divided into states. It was the first principle of a republican government, that a majority of the people should govern. If the system contended for by the smaller states should prevail, one-third of the people might make laws binding the remainder. The payment of two-thirds of the taxes, and the furnishing of two-thirds of the militia, would, contrary to every principle of justice, entitle the larger states to no more than an equal representation. Such a system would be far more likely to lead to violence and usurpation, than one which gave each state political power in proportion to its capacity of supporting the government. Here were certainly arguments sufficiently plausible to in- duce both sides to adhere to their opinions. Had not the love of union been a paramount feeling, the contest would have been continued until one party was gratified at the expense of the other, in which case a hollow and heartless alliance might have been formed; or, neither party giving way, the whole scheme of the constitution must have been abandoned. Those illustrious patriots knew better the value of harmony and accommodation, in a confederacy like this, than some of the politicians of more modern days. The political equality of each member of the Union was admitted by the larger states j and a representation upon this prinqiple was given in the 23 senate, which, by a particular provision of the constitution, can never be reduced. The principle that representation should be conformable to population, was also admitted by the smaller states ; and upon this basis the house of representatives was established. Thus, by the expedient of compromise^ both parties gave way, but both were gratified. If Delaware and Connecticut were outvoted in the house of representatives, they knew that in the senate their " voice would be as poten- tial" as that of the richest and proudest state in the Union ; and Pennsylvania and Virginia, if they had reason to be dis- satisfied with their comparative insignificancy in the senate, felt themselves perhaps sufficiently compensated by receiving their due share of respect in the most numerous branch of the legislature. " The equality of representation in the senate^'' says general Hamilton,* '■'■ ivas evidently the result of compro- mise betxveen the opposite pretensions of the large and the sm,all states.'''' " It is superfluous to try by the standard of theory a part of the constitution which is allowed on all hands to be the result, not of theory, but ' of a spirit of amity, and that mutual deference and concession which the peculiarity of our political situation rendered indispensable.' A common go- vernment, founded on principles more consonant to the wishes of the larger states, is not likely to be obtained from the small- er states. The only option then for the former, lies between the proposed government and a government still more objec- tionable. Under this alternative^ the advice of prudence must be^ to embrace the lesser evil; and^ instead of indulging a fruit- less anticipation of the possible mischiefs which may ensue^ to co7itemplate rather the advantageous consequences zvhich ?nay (jucdify the sacrifice.'''' Nothing can be more just, nothing can Ije more conformable to the princi])les of our government, than the doctrines contained in this passage of the Essay. 2. Another series of difficulties that could onlv be removed, and of pretensions that could only be reconciled, by compro- mise, arose from the difference of the soil, climate, and local position, of the various members of the confedcracv. 'I'he • Tlie Federalist, No.LXlI. eastern and middle states derived a great deal of their pros- perity directly from commerce. The people of the southern states were, as still they are, more purely agricultural : their produce was exported to foreign countries by the vessels of the eastern states, by which means also they received all or the greater part of their returns, in foreign produce or manu- factures. The commercial states, at that time, formed a ma- jority of the confederacy; and great fears were entertained by the southern members, that if the power of regulating com- merce were given to a majority of the legislature, navigation laws prejudicial to their interests would be enacted. Under this impression, they contended vehemently for the introduc- tion of an article into the constitution, forbidding the passage of laws relating to commerce or navigation, unless by the vote of two-thirds of the members present in both houses. The members from the eastern and middle states, on the other hand, struggled with equal pertinacity against a proposition which should thus subject the majority to the will of a mino- rity. The discussion, it is well known, eventuated in the suc- cess of the commercial states ; but it is not equally known that this result also was the effect of compromise. The fact appears from the debates of the Virginia convention. Great opposi- tion had been manifested in that body to the proposed consti- tution, on the ground taken by the southern members in the federal convention. In explanation of the reasons which led to the adoption of the constitution as it stood, governor Ran- dolph said — " I have never hesitated to acknowledge, that I wish the regulation of commerce had been put in the hands of a greater body than it is in the sense of the constitution. But I appeal to viy colleagues in the federal convention^ whether this xvas not a sine qua non of the Union^^ Mr. Mason, another member of the federal convention, said — " I will give you, to the best of ntiy recollection, the history of that affair. This business was discussed at Philadelphia for four months, during which time, the subject of commerce and navigation was often under consideration; and I assert, that * Page 430. 24 eight states out of twelve, for more than three months, voted for requiring two-thirds of the members present in each house to pass commercial and navigation laws. True it is, that afterwards it was carried by a majority as it stands. If I am right, there was a great majority for requiring two-thirds of tlie states in this business, till a compromise took place between the northern and southern states, the northern states agreeing to the temporary importation of slaves, and the southern states (Georgia and South Carolina) conceding in return that navi- gation and commercial laws should be on the footing on which they now stand."* Mr. JMadison said, in the course of the same debate — " I well recollect the reasoning of some gentle- men on the subject. It was said, and I believe with truth, that every part of America does not stand in equal need of security. It was observed, that the northern states were most competent to their own safety. Was it reasonable, asked they, that they should bind themselves in defence of the southern states, and yet be left at the mercy of the minority for com- mercial advantages ? Should it be in the power of the minority to deprive them of this and other advantages, when they were bound to defend the whole Union, it might be a disadvantage for them to confederate."! 3. It is obvious that the eastern and middle states on one side, and the southern states on the other, must have been directly at issue on all subjects connected with the unfortunate existence of slavery in the latter. Two questions, especially, of great magnitude and interest, arose : — First, whether any, and what, representation in the national government, should be allowed to that part of the poi)ulation which M'as held in bondage ? — and second, what steps could be taken by the gene- ral government, to restrain their increase, and promote their emancipation ? The subjects I have before noticed must ne- cessarily have produced considerable excitement, and required for their accommodation the exercise of a strong spirit of • Page 431. ftfr. Mason appears, from the Journal of the convention, to liavc been mislakcu in this point. Seven stales, out of the twelve, voted aj^^iinst the article requiring more than a majority to pass commercial laws. t I'age 444. 25 amity. But the subject of slavery was one with which such important interests were connected, in the discussion of which so much passion and prejudice must have been evolved, upon which politics and morals and religion must have exercised so much influence, one in short so difficult and so dangerous, that to pi-oduce any thing like agreement between the opposing parties, immense sacrifices of feelings and opinions must have been made. We may imagine, from the sensibility still display- ed in some of the " free states" on the point, what must have been the impediments in the way of adjusting the question of re- presentation, when it came, as it did then for the first time, be- fore the convention. Under the old system of confederation, this question could not arise, because each state was entitled to an equal vote. The number of white inhabitants, however, was made the standard in apportioning the quotas of militia. The same rule, it would naturally be thought by the delegates from the "free states," ought to be applied to representation. " Slaves (they probably said) were not considered in the southern states in the light of citizens; they paid no taxes, they were excluded from the militia, they contributed in no way to the support of government: they were, on the contrary, a dead weight on the political energies of the southern whites, and tended to pro- duce debasing effects upon their morals. To give, therefore, a representation in the national councils to the masters of this proscribed and disfranchised race, as if they were free and useful citizens, Avould be flagrantly unjust, and diametrically opposite to the principles of republicanism. If they are looked upon as property, we of the north have an equal claim to ask a representation of our houses and cattle. As these unhappy beings will not be allowed the privilege of voting, it follows, that if they are represented, a white man in Virginia or Carolina will have nearly twice as much political power as a freeman in Pennsylvania or Massachusetts. What reason can be given for such discrimination ? Is there any thing in south- ern blood, or southern intellect, that elevates the free inhabitant of the ' slave states' so far above the New Englander V Such were probably the reflections of many members of the conven- tion, on the discussion of this question. On the other hand, 26 many strong reasons would suggest themselves to the mem- birs from the southern states, in support of a claim for a full representation of their whole population. " The rule of the old confederation, l)y which the quota of taxes to be paid by each stati- was to be proportioned by the value of land, had been found defective. In 1783, a change was proposed to the states by congress, in whicli the quotas of tTie states were to be sup- plied in proportion to the whole number of whites and three- fifths of the slaves. The ratio then agreed upon was stated by congress, in its address to the states, to be •" the result of mu- tual concession.' Now, if slaves were considered as part of the population for one purpose, they ought to be so considered for other purposes. Taxation and representation ought to be concurrent. True it is, that the elective franchise is not exer- cised in the southern states by slaves, and it would be a mon- strous anomaly to permit it to them : but this is a matter of municipal jurisdiction, with which the general government has nothing to do. Every state exercises the right of determining in wliat part of its population the privilege of voting shall be vested. In every state, some portion of the people is exclud- ed. In one state, the elective franchise is confined to free- holders ; in another, to such as pay a certain amount of taxes. Paupers and the military are excluded in some, women in nearly all, children in all. The southern states have an equal right to exclude slaves. Negroes held in bondage contribute by their labour to increase the wealth of the country, like other laljourers. It is true, they do not serve in the militia ; but the same observation may be made of portions of the popula- tion of other states in which slaves are not held." So opposite were the views of the two sections of the Union, that nothing hut compromise could have united them in favour of the constitution. Extremes were given up on each side, and a medium found with which both might be toleralily satisfied. Instead of allowing a representation for the whole number of slaves, the convention determined that three-fifths only should be represented ; and instead oN,axing the whole niunl)er, the same standard was adopted. Thus, in the words of general Hamilton, " a comlyromhing expedient 37 was adopted^ which regards them as inhabitants, but as de- based by servitude below the equal level of free inhabitants, which regards the slave as divested of two-fifths of the The slightest reflection is sufficient to convince us of the extreme delicacy and importance of the next question, in re- lation to this subject, which the convention was called upon to determine. The slave trade had long been considered by- most of those who were not interested in its continuance, as a flagrant reproach upon the professors of Christianity. From the time of cardinal Ximenies to that of Benezet, the best and wisest men had raised their voices against it. About the period, however, of the meeting of the convention, there seems to have been a more general turning of men's minds to the subject than at any previous epoch. In the United States especially, the growing abhox-rence of the traffic was becoming louder and more universal. Pennsylvania abolished the slave trade, and put a period to slavery itself within her jurisdiction, in 1780. Massachusetts, Connecticut and Rhode Island, not long afterwards prohibited the traffic to their citizens. Vir- ginia had previously done the same. Societies, whose declar- ed object was the abolition of the slave trade, were instituted, and a correspondence and concert were maintained with Eng- land and France. The press teemed with essays in which the sinfulness and impolicy of the traffic were displayed with great strength of reason and warmth of invective. In a word, Eu- rope and America seemed to be stirred up in opposition to its continuance. It was at a moment so unfavourable to the temperate dis- cussion of the question, when the minds of the people in one portion of the Union had been powerfully and enthusiasti- cally acted upon, and a deep sense of interest connected with a certain pride which revolted at interference in \vhat M^as considered a domestic and municipal concern, was felt no less strongly in the remainder, that the convention entered upon the subject of slavery. With the power to regulate com- » The Federalist, No. LIV. 38 inercc, proposed by the constitution to be given to the gene- ral government, congress would have had the right to forbid the importation of slaves into any part of the United States. Under the old confederation, this power belonged to the state governments only, and had been exercised by several of them. It was now proposed by some of the southern members, that it should be excepted, for a limited period of time, from the general powers of congress. From all that has transpired of the proceedings of the convention, it appears that this proposal was most warmly pressed by two states alone — South Carolina and Georgia. The remaining states were desirous that con- gress should possess the right of immediately abolishing the traffic, but the two states most directly interested in its con- tinuance, held out until they carried their point by compro- mise. To those who now inveigh against every thing like compro- mise or concession, and who are for carrying through their projects at every hazard and expense, a review of the pro- ceedings of the convention on this occasion ought to be in no small degree edifying. Compared with the magnitude and solemnity of this subject, how trifling in importance does the question of the admission of slaves into Missouri appear ! What were the consequences of tolerating slavery in that state, compared with the danger and sin of the slave trade ? What comparison is there between the opposition that was made to the restriction on Missouri, and that which arose in the convention on the proposal to give congress the power of suppressing the traffic in slaves ? In the convention, it is be- lieved that Virginia, Mar) land, Delaware, and North Caro- lina, of the slave holding states, and ;J1 the eastern and mid- dle states, were in favour of the abolition, while two states only, and those of no great political importance, opposed it. la the case of Missouri, it is well known that the Union was nearly equally divided. The members from the slave hold- ing states were unanimous in their opposition to the restric- tion, and they v/ere supported by several members from the eastern and middle states. The state authorities too, in the southern and south-western section of the Union, manifested 29 a determined resolution to oppose the measure. How much strongfc-r then must the arguments of those members of the con- vention who were in favour of the abohtion, have appeared ? With how much more weight and probability of success must they have contended against the limitation of the powers oi congress, for even a very short period of time, than those who advocated the restriction on Missouri ? In drawing a picture of the consequences of abolishing or continuing the slave trade, how much darker must have been the shades in the one case, how much brighter the tints in the other, than a corresponding view of the results of the Missouri question : On the one hand, the philanthropists of the convention could point to the certain continuance of crime and misery, the per- petuation of a barbarous piracy in Africa, and the almost in- definite multiplication of a wretched and dangerous race with- in our own confines. From an adherence to the determina- tion of abolishing the traffic on the other hand, what worse consequence would ensue than the refusal of two states, not of the first magnitude, to enter the Union under the new consti- tution, and possibly the failure of that constitution? What! (it was probably asked, as recently similar exclamations have been uttered) shall political advantages be put in competition with moral duty ? Shall an addition to the geographical extent of a country be ranked in importance by a Christian people with the removal of a load of sin and reproach from their cha- racter ? Shall the possible benefits that may accrue from the constitution have more weight with us than the abolition, as far as we have the power to effect it, of a vile and inhuman traffic, which has converted a vast continent into a theatre of plunder and misery ? Nothing short of an immediate and total cessation of this unrighteous system can satisfy the divine justice, or make any atonement for the wrongs of Africa. To give congress power to abolish the trade in twenty or even ten years, is to make a mockery of humanity. How many thou- sands may not be dragged across the Atlantic in that period of time ? Not a moment of those twenty long years will be lost by the dealers in human flesh ; and when at length this v/hole continent shall have become saturated with slaves, and then 30 only, it is agreed a stop may be put to their further intro- duction. Such, or similar to this, was probably the language with which the proposal to limit the power of abolishing the slave trade, was met in the convention. Among the members of tliat body, were men, second to none of the human race in a rational zeal for freedom ; profoundly attached to the great principles of Christianity and morals ; and bounded in their philanthropy by no narrow prejudices of colour or country. The convention was composed, indeed, principally of the men who had devoted themselves for their country, during the re- volution, both in congress, and in the field, and whom we have a right therefore to consider as deeply interested in her fate. At their head was that unequalled patriot to whom the republic owes so much both of her prosperity and her glory, who saw clearly, and steadily supported her true interests, and to whose authority, if authority on matters of opinion ought ever to govern, the people of the United States are pe- culiarly bound to submit. Second only to him, in weight of character, was Franklin, a warm and zealous philanthropist, an uniform enemy of slavery and oppression in every shape, of which his situation as president of the Pennsylvania So- ciety for the Abolition of the Slave Trade, is a convincing proof, and whose entire life had been passed in vindication and support of the rights of the human race. Among the members were James Madison, Alexander Hamilton, Jared Ingersoll, John Dickinson, who, as statesmen, may be com- ])ared with any of those who now occupy conspicuous situa- tions on the political theatre. These men were philanthro- pists, but they were at the same time patriots and philoso- phers. If they saw and regretted the miseries of African sla- very, they did not shut their eyes to the causes which brought that curse upon the country, nor to the consequences which would ensue from attempting to force its abolition. The union of the states, luider a free and energetic government, was the great object of their desires and efforts. They could not have been insensible to the force of the arguments with which the immediate abolition of the slave trade was pressed, 31 but stronger motives urged them to postpone the exercise of their right to abolish it. They felt as became men for the suffer- ings of the negroes ; but they looked to the inestimable blessings which the adoption of the constitution would confer on the whole body of whites. In the freedom, security, and happiness of the latter, they found something to counterbalance the mise- ries which a temporary permission of the slave trade would produce; and, however cruel and mistaken they considered the policy of the two states by which the abolition was op- posed, the patriots of those days refused to put the great cause in jeopardy by an obstinate adherence to preconceived opinions. They could not but perceive that by acceding to the constitution, with this limitation, something would be gained even for the cause of the negroes. If the states were disunited, or left to regulate their own commerce, the trade might be continued until every district of the immense west- ern countries was blackened (to use Dr. Franklin's expres- sions) by negro slavery ; whereas, by acceding to the consti- tution, a fixed and certain limitation was put to it. Mr. Madison, the late president of the United States, who is known to have been an advocate of the abolition of slavery, in- the federal convention, thus expressed himself when the ques- tion was discussed in the Virginia convention : — " I should conceive this clause to be impolitic if it were one of those things which could be excluded without encountering greater evils. The southern states would not have entered into the Union of America without the temporary permission of this trade. And if they xvere excluded from the Union the consequences might be dreadful to them and vs. We are not in a worse situation than before. The traffic is prohibited by our laws, and we may continue the prohibition. The Union in general is not in a worse situation. Under the articles of confederation it might be continued for ever. But by this clause an end may be put to it after twenty years. The gentlemen from South Carolina and Georgia, argued in this manner : — ' We have now liberty to import this species of property, and much of the property now possessed has been purchased or otherwise acquired in contemplation of improving it by the assistance 32 of imported slaves. What would be the consequences of hin- dering it from us ? The slaves in Virginia would rise in value, and we would be obliged to go to your markets.' I need not expatiate on this subject. Great as the evil w, a dis- viemhcrment of the Union would be ruorse.''^ Nothing can furnish stronger evidence of the value entertain- ed by the convention of union and the constitution, than their proceedings on this question. Not merely did the permission to continue the traffic in slaves, shock the moral sense of the hu- mane part of the community, but it affected likewise the politi- cal interests of the eastern and middle states, by increasing a species of population which gave political importance to the southern states, without adding to their political energies. Great as these obstacles were to an harmonious agi'eement, they were not allowed to stand in the way of union. Thus, as we have seen, in three signal instances, in which the political rights, the pecuniary interests, and the moral feelings of the community were involved, that redeeming spirit of compromise, which a sense of mutual regard and mutual dependence created, preserved the Union inviolate. Our constitution having owed its existence to a spirit of compromise, the continuance of that spirit has been visible in all public measures adopted since that period. It is only ne- cessary to take a glance at our political history, to be satisfied that through each successive administration, the common- wealth has been buoyed up and propelled by this principle. Our statute book will show that the interests and feelings, and even the prejudices of particular sections, have been consult- ed, and that sacrifices of no small importance have been made at the shrine of union. In the appointments to public offices that have been made since the formation of the constitution, this fact is clearly manifested. From the time of Washing- ton to that of Monroe, the most scrupulous regard has been paid to the principle of selecting individuals, as nearly as pos- sible, in a due proportion from each state. In many cases, tills attention to state feelings and wishes, mav have been carried too far ; but the error, if any, has arisen from just views of the policy of the government. It is evident, too, 33 that the same causes which existed, at the period of the for- mation of the constitution, for an opposition of interests, still existing, there is a similar necessity for mutual forbearance and concession in navigating the vessel of state. There are still large and small states ; the various sections of the Union still difler in their pursuits and interests ; and an opposition of feeling and interest is still perceived between the " free" and " slave" states, although the bonds of union have been drawn closer by the present constitution. Without entering into de- tails which would swell the number of these pages far beyond the desired limit, it may be sufficient to advert to the laws which have been enacted for the protection and support of commerce, since the present government went into operation, as a proof of the desire of mutual accommodation that has prevailed. By far the greater part of the tonnage and sea- men of the United States, belong to the eastern and middle sections of the Union. The southern states, on the other hand, are agricultural, and although they derive advantages from commerce, in the exportation of their produce, yet, ab- stractedly speaking, it is their interest to send their produce in the vessels of whatever nation will carry it the cheapest. Every impediment that is thrown in the way of foreign na- tions is detrimental to their profits ; every advantage given to the shipping of the eastern states is a premium paid by them. This, I have shown, was manifest to the members from the south in the convention ; but they agreed, nevertheless, to en- ter the Union, upon comproniise^ without restricting the com- mercial states. Nov/, in 1789, when we began the experiment of the present constitution, the commercial states constituted the majority both in the senate and house of representatives. Since that period the wonderful increase of the population of the west, has added greatly to the political power of the agri- cultural states, and given them at least an equality in the house of representatives, and a majority in the senate. The uniform policy, however, of the legislature of the United States, has been to favour American tonnage, and American commercial interests, at the expense of foreigners ; and, in support of this policy, the southern members have laboured (5) 34 as strenuously as the eastern. Heavy duties have been laid on foreign produce, imported in foreign vessels, and compara- tively light duties on the same species of produce when im- ported in American vessels. Heavy tonnage duties have se- cured to the vessels of the eastern and middle states the al- most entire transportation of the produce of the southern states, and efTectually excluded foreigners from the coasting trade. But, Avithout minutely entering into the advantages which the commerce of the eastern states possesses, through the conformity of the south and west to the spirit of the con- stitution, I will confine myself to two recent cases, affording a decisive proof, if any were wanting, of the disposition of these portions of the Union, to sacrifice their own interests, to promote those of their eastern brethren. Both of these cases grew out of the policy of the British government to re- strain the transportation of the produce of its colonies to its own vessels. In 1817 the legislature of Nova Scotia forbade the exportation of plaster of Paris, except in British or colo- nial vessels, and thus cut off the vessels of the eastern states from a very lucrative carrying trade, which they had long possessed." To countervail this regulation, and with the hope of throwing open the trade again, a bill was brought into the house of representatives by Mr. Forsyth, of Georgia, which, in the space of two weeks, passed both houses by great ma- jorities, and became a law. By this act, the importation of plaster of Paris in British vessels, was forbidden, and the l)enalty of a forfeiture of vessel and cargo, prescribed, for a violation of its provisions. Now, it doubtless occurred to the members from the southern states, that the Biitish government might, by way of retaliation, forbid the importation of cotton, tobacco, or rice, in American vessels, and thus materially check the sale of the chief articles of their produce. The proba- ble injury to their own interests, was, however, disregarded, when the question was, whedier those of their eastern bre- thren should I)e sacrificed. In a short time after this mea- sure was adopted, anoUier, more general and important, re- ceived the sanction of the members of the legislature from all sections of the Union. I allude to the great navigation act, 35 as it may be called, by which the colonial policy of the Bri- tish government, as regards their West India possessions, was counteracted. This decided and energetic measure, was warmly advocated by the southern and western members, and passed the senate bv nearly an unanimous vote, and the house of representatives by a great majority. At the last session of congress, notwithstanding the excitement which the unfortu- nate Missouri Question had created, when a bill to provide more effectually for the enforcement of the navigation act, was brought forward, it received the same decided support from the southern members in both houses. The follow- ing extract from a speech of Mr. Barbour, a senator from Virginia, delivered on the 6th of April, 1820, shows the views entertained of this subject by the southern people, and the Avarm and cordial sentiments still entertained, in that quarter of the Union, towards their eastern brethren. " There is one view of this subject," said this gentleman, " which I am anxious to press upon the senate. We have heard, during the present session, the harsh and discordant sound of disunion. We have been told that there exist sepa- rate views, interests, and feelings. A geographical line has been attempted to be set up. What a fine occasion does this present to silence these unhallowed insinuations ! The south and the north, the east and the west, uniting in a great mea- sure of policy, particularly, indeed, beneficial to one quarter of the Union, but cheerfully submitted to by the others, in furtherance of a national benefit. We will not permit any oc- casion of this kind to pass by, without disproving these sec- tional aspersions. We will cheerfully meet the sacrifice, if any should ensue ; and find our indemnity in the proud re- flection, that the interests of the xvhole^ constitute the polarity of all our movements. To the navy, I look, sir, as a great bond of union. You may divide territories ; you may claim a sectional share in victories by land ; but a naval victory is, from its nature, indivisible. We may be told of a Bunker's Hill, a Bennington, or Saratoga, on the one hand ; on the other, of the Cowpens, or Guilford, or York, or New Or- leans ; but a naval victory, broad as the element on v/hich it 36 is achieved, difFusL's equal joy and enthusiasm throughout the boundless territories of the republic."* What an unhappy contrast to the feelings and temper of this speech, is display- ed in some of the most prominent publications on this side of the Potomac .'f If, in answer to the inferences I have deduced from the con- currence of the southern members of congress, in measures tending peculiarh- to benefit the eastern people, it be said, that the interests of the agricultural south have been equally at- tended to at Washington, I am quite ready to admit the fact. It proves •what it is my object to have proven : that in the words of our common father "every portion of our country finds the most commanding motives for carefullv guarding and preserving the union of the whole. The norths in an un- restrained intercourse with the south^ protected by the equal laws of a common government, finds in the productions of the latter great additional resources of maritime and commercial enterprise, and precious materials of manufacturing industrv. The souths in the same intercourse, benefiting by the same agency with the north^ sees its agriculture grow and its com- merce expand." I have thus endeavoured to show, that compromise is at least not a new feature of our political history. I believe most readers will agree with me, that it has heretofore been the stay and foundation of our Union. It remains to show, that the compromise of the Missouri Question, as agreed to at the last session of congress, ought to be maintained in good faith by all the parties. If, on examining into our annals, we find that the most virtuous and enlightened of our statesmen have built our political system upon the foundation of compromise, • National IiUclligenccr, September 27, 1820. Tlic whole speech well de- serves perusal, both from llie force of the argument and the true American spirit it breathes. f If any ollifi- proof were wanting of llic conformity of tliesoutlicrn states to the spirit of the conslitiition, abundant evidence would be found in the proceedings of the last session of congress, at wiiich a retaliatory tonnage duty was imposed on French vessels, for the exclusive benefit of the ship- I'ing interest. ■37 that its efficacy and beauty have arisen from an abandonment of local views, prejudices, and passions, it is natural to sup- pose, that after thirty years experience of the blessings of that system, there could be nothing in the idea of compromise to startle either the moralist or the politician. From v/hat then has arisen the clamour against the Missouri compromise ? If it can be demonstrated, that it was prudent- ly entered into, even admitting it to be a choice of evils ; and that it is both our interest and duty to preserve it inviolate ; we must look to some of the causes which I have hinted at in a preceding page, for a solution of the question. 1. The pro- ceedings which led to the compromise of the Missouri Ques- tion must be fresh in the recollection of all my readers. The temper in which that " distracting question" was discussed by both parties ; the frightful consequences that appeared likely to ensue from the success of the friends of restriction ; could not fail to make a deep impression on the minds of all interested in the welfare of this country. To me it appears clearly es- tablished, that disunion, with its countless train of evils, would have followed from a refusal to admit Missouri into the fami- ly of states. In speculating upon future events, experience mihappily teaches us not to expect that political bodies or in- dividuals will always put themselves under the guidance of reason, and turn away from the suggestions of passion and present interest. If the southern members of congress had listened to the voice of wisdom, and looked forward to the future welfare of their posterity, the prosperity of the repub- lic, and the cause of humanity, the proposed restriction would have received an unanimous vote of approbation. Like their celebrated predecessors of 1787, they would have been fore- most in the great measure of arresting the march of slavery, and the future inhabitants of Missouri would have had cause to be grateful for another " immortal ordinance," as that of 1787 has been so justly styled. Unfortunately, however, other views and feelings prevailed. Many no doubt believed that the constitutional power was wanting, but upon others the strong incentive of interest, added to that sensitive repug- nance to legislation on the subject of slavery, which has too 88 often prevailed, operated with powerful effect. It is plain, that those who seriously disbelieved in the power of congress to restrain the states, could not conscientiously give way. The worst altt-rnative was prt-ferable to a violation, as they sup- posed, of their duty. The arguments too by which others of the southern members supported what they conceived to be their inalienable rights, were sufficiently plausible. The ter- ritories of the United States being purchased with the blood and money of the entire nation, are as much the property of one portion or section as of another. If the restriction on Missouri were enacted, the southern citizen would be prevent- ed from removing thither with his agricultural stock. He would thus be deprived of equal rights with the inhabitants of other parts of the Union. Those who have reflected upon the strength with which the propensity to emigration acts upon the people of every part of this country, must be sensible that great obstacles are required to resist it. The stream must have an outlet, or it will break down the barriers intended to confine it. It was in vain to say to the southern people, it is not intended to throw any impediments in the way of your emigrating to Missouri. Whatever we may think, in this part of the Union, of the superior advantages of free labour, the southerrk agriculturalist considers the services of his slaves necessary to the successful cultivation of the soil. To pre- vent his availing himself of them in the new states, is tanta- mount to imposing an interdiction on himself, and would de- bar his entrance into what he considers with justice as the com- mon patrimony of the nation. The interdiction of slavery in Missouri, it was likewise contended, would increase the dangers to which the southern whites were exposed, by preventing such removal of their slaves as might reduce their comparative nu- merical strength in the elder states.* It was evident too that the value of slaves would be increased by a permission to transport them to Missouri. Urged on by interests and feelings of so powerful a nature, and supported by the persuasion that the constitutional power was not vested in congress, the southern states would proba- • Sec Note E. 39 biy not have given way. Every thing that appeared showed a disposition to maintain what they considered their rights, at every hazard. It was not, let it be remembered, an abstract principle alone for which they contended, but what appeared to them a clear and palpable interest. A determination to , withdraw from the Union, in case the house of representatives persisted in upholding the restriction, was boldly avowed even on the floor of congress. The speeches of one of the senators from Virginia, and of another from South Carolina, when ta- ken in connexion with the proposed resolutions of the Virgi- nia house of delegates, and their proceedings with respect to the appointment of electors of president, show too plainly what was intended. No one, I think, who has carefully attended to the proceedings of that memorable period, can hesitate to believe that an actual disruption of the ties which bound us to- gether would have taken place, if the compromise had not been effected. It is not requisite to produce this eifect that actual violence should be resorted to in the first instance. To resolve the confederacy into its original elements, open resis- tance is not necessary. The mere omission to appoint presi- dential electors, or to choose members of congress, would be a virtual destruction of the system. Congress may, it is true, direct a choice to be made by the people ,• but when the latter side with their state government, the mandate would be im- potent. But admitting that an actual dissolution did not take place, that a president and congress were still chosen by all the states, and that the senators and representatives from each state still attended at Washington, would not consequences only less dis- astrous than a dissolution have occurred ? Of what avail would be the deliberations of a congress in the temper that could not fail to be engendered ? What concert would take place between a senate and house of representatives, in one of which the eastern, and in the other of which the southern, in- terest predominated ? What measures in support of the com- merce and manufactures of the eastern and middle states could be expected from the southern members, when they saw no disposition on the part of the former to make reciprocal con- 10 cessions, and supposed their own peculiar interests neglected? No one can believe that the business of a single session could be transacted with such discordant materials. The compromise, then, I contend to have been wisely and j prudeiith- entered into, inasmuch as, without throwing open the whole IMissouri country to the pestilence of slavery, it saved us from the awful consequences of disunion. Admitting ' it to be an evil that slavery is permitted in the state of Mis- souri, those of the eastern members who voted for the com- promise did so to avoid a greater evil. One of these gentle- men,* who had the courage to disregard the excitement of the moment, and who have subsequently been the objects of a coarse and vulgar persecution, has entered into an explanation of the motives which guided him in his vote on that momen- tous occasion. The following passages of his letter confirm the view I have taken of the subject, and vindicate the purity of his intentions : — " Soon after the commencement of the pre- sent session, a bill was introduced for the admission of Mis- souri into the Union. Mr. Taylor (a member from New- York) proposed an amendment, which prohibited the further introduction of slaves into the new state. At the request of the mover of this amendment^ the discussion of it was post- poned for some time, and a committee was appointed for the purpose of investigating ivhether a compromise coriki not be ffffctcd. During the agitated state of the public mind, the proposed restriction was discussed in both houses of congress. Much warmth and irritation was evinced ; and a dissolution of the Union was spoken of, as a consequence which would inevitably result from a question presenting a conflict of inter- est, and affecting us geographically. Before the report of the committee was made, I had a severe conflict in my mind, as to the course I ought to take. If I voted differently from what I had originally, I was aware that I should be charged by some with inconsistency, and perhaps by others with a de- reliction of principle. If I adhered to voting for the amend- ment, I saw no practical result from it : the question would • Mr. B. Smith, of New Jersey. 41 in all probability remain unsettled for a long time, and might ultimately lead to a cHssolution of the Unio7i. As the senti- ments of Washington and Jefferson made a deep impression on my mind at an early period of my life, they could not be viewed with indifference by me at a time when I was about to vote on the most important question that had been discussed in congress since the adoption of the constitution. After mature deliberation, I determined to vote in favour of the compromise J and I solemnly declare I did what I considered necessary to prevent a dissolution of the Union, It will be a source of regret to me, if any of my constituents should dis- approve of the course I have thus pursued : but, conscious of the rectitude of my intentions, and believing that I have con- tributed to save my country from a civil xvar^ I have secured the approbation of my own heart, which is more desirable than popularity, notwithstanding the desire I feel to preserve the confidence and esteem of my fellow citizens."* 2. However much we may differ with respect to the expe- diency or necessity of the compromise, there ought, it appears to me, to be but one opinion on the propriety of maintaining its provisions inviolate. Every principle of honesty and good faith should urge us to adhere to it. It was well said by the able and patriotic editor of the Baltimore Weekly Register, that the circumstances under which this act was passed gave it a moral force and obligation equal in validitv to an injunc- tion of the constitution.! The Missouri Question indeed re- vived feelings and opinions which had slept since the forma- tion of that constitution; and the proceedings which led to the compromise were more like the negotiation of a compact be- tween sovereign and independent states, than the legislative discussions of the representatives of one people. The compro- mising acts were to all purposes a treaty between two sections I of the Union, to the performance of which the faith of both parties is pledged. If it had not been acted upon by either party, we of this quarter of the Union would still, I conceive^ be bound to the performance of what we have stipulated : but * National Intelligencer, September 18, 1820. f See Note F. (6) 43 the southern states having performed, as far as they were called upon, the conditions of the compact, relying upon the observ- ance of it on our part, we have no alternative left. The inhabi- tants of Maine, and those of Missouri, applied at the same time lor admission into the Union. The senate, which, as it contains a greater proportion of members from the " slave states" than the house of representatives, may be considered as the represen- tiition of the south, opposed the admission of Maine, until the pri\ ileges of Missouri should be recognised. For this purpose, the two states were connected in one bill, and the admission of Missouri was avowedly made a sine qua non to the admission of Maine. When the question came to be compromised, the southern states agreed, not only that Maine should be admit- ted into the Union, but that slavery should be prohibited in all the territories north of thirty-six degrees, on condition of the unrestricted admission of Missouri. Now, they have faith- fully performed that part of their stipulations which they had it in their power to perform. The state of Maine has been admitted into the Union, and the eastern interest has thus re- ceived an accession of two members in the senate. The faith of the southern states is undoubtedly engaged that the act restrict- ing the territories shall be adhered to. Shall then this treaty be broken by the eastern and middle states, after they have derived the advantage of a performance by the other party? Shall the dreadful example be set, of the violation of a solemn engagement between communities, who, above all others, should cherish the principles of honesty and good f;\ith to- wards each other? What answer will the representatives of the "free states" give to the remonstrances of those of the south, when they are reminded of the alarming crisis which existed when the compact was concluded, of the frightful prospect that lay before the Union, of the obstinacy with which both parties maintained their opinions and determinations, of the concessions made by the southern states, highly detrimen- tal as they conceived them to be to their interests, and of their immediate performance of their engagements ; and when they arc assured by the southern members of their determination rigidly to adhere to that part of them that is to be executed 43 hereafter, and apprized of the solemn obligation imposed upon the eastern states to carry into effect the single measure which they were bound by the compromise to perform ? Will it be said, in answer to this, that the majority in favour of the com- promise was so small as not to indicate the dispositions of the people of the " free states ?" It is sufficient to reply, that the act was passed by a majority of the representatives of the people, and, did they exceed the minority by only a single vote, the latter, by the constitution and the principles of equi- ty, are bound by it. But if the majority in the house of repre- sentatives was small, it was abundantly decisive in the senate, where the states meet each other as equal sovereigns. Two questions, it will be remembered, were disposed of in that body. On the question of striking out the restriction from the bill providing for the admission of Missouri, twelve states voted in the affirmative, six states voted in the negative, and three were divided. On the second question, of limiting the extension of slavery in the territories, sixteen states voted in the affirmative, four states voted in the negative, and two were divided. In the house of representatives, on the last question, eighteen states voted in the affirmative, three only in the nega- tive, and one was divided. The majority, in both cases, would seem to be sufficiently conclusive. Again, it has been urged by the opponents of the compro- mise, that the restriction on the territories lying north of thir- ty-six degrees and thirty minutes, being merely a legislative act, not binding on the successors of the present congress, may be repealed at any future period ; and thus, if Missouri be admitted into the Union, a great present evil will be tolerated, in consideration of a promised act which may never happen to be performed. Now nothing can be more irrational or un- just than this species of argument. Because it is supposed, by one party to a compact, that the other may possibly here- after refuse to comply with his agreement, the example is to be set of an immediate violation of it. In a dispute between individuals, no court of law would hear of such a plea. It is plain that those who have recourse to this kind of anticipation must suppose that the " slave states'" will at some future day 44 possess both the disposition and ability to prevent the execu- tion of this part of the act. Nothing is easier than to show that this supposition is altogether unfounded on reason, and not at all calculated to make a part in the chapter of probabi- lities. To argue on the presumption that the restriction on the ter- ritories is nothing more than a common legislative act, is to take for granted what I think it would be very difficult to prove. I have already shown, I conceive, that it must be regarded in a very different light, and that the honour and good faith of both parties are solemnly engaged to its entire performance. The eastern states, having admitted Missouri into the Union, will throw upon those of the south and west an obligation, which, as they value the union of the states and their own honour, they will be solicitous to fulfil. But, ad- mitting that the " slave states" may hereafter feel it to be their interest to extend the regions of slavery, that they may see in the compact nothing to bind their faith or their consciences, and supposing their members in congress to be unanimous in their disposition to repeal the act, will they possess the power to do so ? The " free states" have always heretofore had a majority in both houses of congress. Supposing Missouri to be admitted at the next session, with two senators and one representative, the numbers on each side will then stand thus: Free States. Slave States. New Hampshire, - - 2 Maryland, - - - - 2 Massacluisesls, - • 2 Virginia, - - - - 2 liliode Island, ... 2 Norlli Carolina, - • 2 ■\'crniont, .... 2 South Carolina, - . 2 Connecticut, - . . 2 Georgia, - - - - 2 New York, .... 2 Kentucky, ... - 2 New Jersey, - - - 2 Tennessee, . - . - 2 rennsylvania, - - - 2 Louisiana, . - - - 2 Delaware,* .... 2 Mississipj)!, - - - 2 Oliio, 2 Alahama, .... 2 Indiana, 2 Missouri, .... 2 Illinois, 2 — Miiinc, 2 . 22 26 45 In the house of representatives, the relative strength of the " free states" is considerably greater. Supposing a bill to re- peal the limitation on the territories to pass the senate, it could not fail to be defeated in the lower house, as the following table will show : Free States. Slave States. •New Hampshire > 6 Maryland, ... 9 Massachusetts, . . 13 Virginia, . - - - 23 Rhode Island, . 2 Nortli Carolina, - - 13 Connecticut, - . 7 South Carolina, - - 9 Vermont, - - . . 6 Georgia, . . - - 6 New York, - • - 27 Kentucky, - . - - 10 New Jersey, - - - 6 Tennessee, . - - 6 Pennsylvania, - - 23 Louisiana, .... 1 Delawai-e,* - - - 2 Mississippi, . . - 1 niiin ... 6 Alabama, . . . - 1 \jiilUf • • • Indiana, - - . 1 Missouri, . - . - 1 Illinois, - - - . 1 — Maine, - - - . . 7 80 107 The majority, therefore, in the house of representatives, of the states opposed to the extension of slavery, is twenty-seven., a sufficient number, one would suppose, to quiet the fears of the alarmists for the present. Is there any probability that the present numerical superiority of the " free states" will be lessened at a future congress ? One of the strongest arguments adduced by the advocates of the expediency of restriction, was founded on quite a dif- ferent supposition. Reason, it was said, demonstrated, and statistical evidence proved, the pernicious effects of a state of slavery upon the population of a country. If the increase of population be governed by the product of the means of sub- sistence, it would follow, that as free labour is more produc- • I have included Delaware among the " free states," as it is known that the opinions of a great majority of her inhabitants are hostile to slavery, and her legislature was unanimous in the vote passed in favour of the restriction on Missouri. 46 tive than slave labour, so a free population would increase more rapidly than one in which there was any considerable admixture of slaves. The other checks, too, to a multiplica- tion of the human species, operate with much greater force in a community composed partly of slaves and partly of freemen, than in one which contains none or only a few slaves. Thus it was shown by Mr. Raymond, in his ingenious Essay on the INIissouri Question, that the white population in the old " free states," including the five New England states. New York, New Jersey, Pennsylvania, and Delaware, increased in a ratio of nearly one hundred per cent, in twenty years ; while that of Maryland increased at a rate of only thirteen per cent., Vir- ginia twenty-five per cent.. North Carolina thirty per cent., and South Carolina sixty-four per cent. What is more to the present purpose, is the fact, that during the period that inter- vened between the years 1790 and 1810, the whole population in the " free states" increased in a much greater ratio than the whole population in the "slave states." Thus, in 1790, New- Hampshire, Massachusetts, Rhode Island, Connecticut, Ver- mont, New York, New Jersey, Pennsylvania, Delaware, and the territory north-west of the Ohio, contained 2,027,238 persons. In 1810, the same portion of country contained 0,831,673;. — an increase of nearly ninety per cent. In 1790, Maryland, Virginia, North Carolina, South Carolina, Georgia, Kentucky, and Tennessee, contained 1,893,078 persons of all descriptions; and in 1810, 3,246,554; — an increase of little more than sixty-eight per cent. During this period, great addition was made to the number of slaves bv importation Irom Africa, in consequence of the near approach of the period at which, by the provisions of the constitution, the trade was to cease. The i)rincipal settlement, too, of the fertile countries of Kentucky and Tennessee, was made during this time, and great numbers emigrated thither from the eastern states. It is therefore proved, by evidence about which there can be no dispute, that notwithstanding the peculiar advantages which that portion of the United States in which slave labour is used enjoyed in tlie high price of its products, its population did not increase so rapidly as that of the " free states," by more than twenty per cent. 47 It is reasonable to suppose, that since the year 1810, the increase of the population in both quarters has been nearly in the same proportion. No general returns have been made since that period. The census which is now taking will eluci- date this and other important points in our statistics. In the meantime, a pretty accurate estimate of the present amount of our population may be gathered from the returns made to dif- ferent states, and from other authentic sources. The following calculation, copied from Mr. Niles's Register for February last, will probably be found to correspond very nearly with the official returns : Freemen. Slaves, Federal JVo. for repreee7itation. New Hampshire, 260,000"^ "S ^ i?* 260,000 Massachusetts, - - 510,000 C3^ <-* .. — i 510,000 Maine, ----- 300,000 300,000 Rhode Island, - - - 85,000 Z Hto-^ 85,000 Connecticut, - - - 280,000 3 ^r s "^ 280,000 Vermont, - - - - 275,000 m <5 to 3 275,000 New York, - . - . 1,300,000 these ing, tl stimat r is 10 1,300,000 New Jersey, - - - 275,000 275,000 Pennsylvania, - - - 1,100,000 \lll 1,100,000 Delaware, - - - - 80,000 g <-► to 80,000 Ohio, 580,000 580,000 Indiana, - . - . 235,000 cr _, fi> o 5 ,. 235,000 Illinois, 125,000^ ^■%o 125,000 5,405,000 10,000 5,405,000 10,000 Add 6,000 5,415,000 5,411,000 Maryland, - - - - 290,000 120,000 372,000 Virginia, ... . 630,000 450,000 900,000 North Carolina, . 450,000 180,000 558,000 South Carolina, . 250,000 220,000 382,000 Georgia, - - ,- - 190,000 130,000 268,000 Kentucky, ... . 520,000 120,000 592,000 Tennessee, . . - - 340,000 60,000 377,400 Louisiana, ... . 65,000 75,000 110,000 Mississippi, . 50,000 30,000 68,000 Alabama, . - - . 50,000 30,000 68,000 2,845,000 1,415,000 3,694,400 Add slaves. 1,415,000 Gross, - » 4,260,000 V 48 If wc add to this amount of 4,260,000, the population of JMissouri, estimated at 75,000, the whole number of persons in the "sia\e states" >vill be 4,335,000, giving the "free states" a majority of 1,080,000 : but as, by the constitution, three-fifths only of the slaves are represented, the actual political power of the "free states" will be to that of the "slave states" as 5,411,000 to 3,764,000. In the senate, the former will have twenty-six votes, and the latter twenty-two. In the house of representatives, if the ratio of representation remain as at present, the " free states" will have one hundred and fifty-four votes, and the " slave states" one hundred and seven. If, however, as is more probable, the ratio be fixed at 40,fXX), the former will have one hundred and thirty-five votes, and the latter ninety-four. Such, or nearly similar, will pro- bably be the relative political strength of the two divisions of the Union, for several years. The admission of the territory of Arkansaw as a state, cannot be expected to take place for five or six years; and should slavery be tolerated in that coun- try, the strength of the "free states" in the senate will be maintained by the accession of Michigan. But, supposing two states to be carved out of the Arkansaw, and Florida to come into the Union, the preponderancy of the " free states" in the house of representatives must from the nature of things still be preserved, until the great territorv beyond the Mis- sissippi, north of tliirty-six degrees and thirty minutes, is ready to be admitted, with its unmixed population of freemen. After that, there can be no danger of the slave representation becoming too numerous. It is plain, then, that if the repre- sentatives of the "free states" think proper to maintain it, no alteration can be made in the law by which the line of demar- cation is fixed. Having thus, I thinl:, demonstrated that the political inter- ests of the " free states" will not materially suffer by the fulfil- ment on their part of the compact, one objection to the com- promise will l)e removed. It is contended, however, that since the last session of congress, a new case has arisen, in conse- quence of certain objectionable features of the constitution which the people of Missouri have adopted. It was agreed 49 by the compromise, It is said, that the abolition of slavery should not be required of Missouri ; but the framers of her constitution have gone beyond the bounds asked for by their friends in congress, and have introduced provisions which cannot be assented to without a violation of the paramount constitution of the United States, and a dereliction of all moral principle. The passages of the Missouri constitution, against which these objections are taken, appear to be the following: — Art. III. Sect. 26. " The general assembly shall have no power to pass laws, — " First^ For the emancipation of slaves without the consent of their owners, or without paying them, before such emanci- pation, a full equivalent for such slaves so emancipated ; and " Second^ To prevent bona fide emigrants to this state, or actual settlers therein, from bringing from any of the United States, or from any of their territories, such persons as may there be deemed to be slaves, so long as any persons of the same description are allowed to be held as slaves by the laws of this state." " It shall be their duty, as soon as may be, to pass such laws as may be necessary, — '■'■ First^ To prevent fi-ee negroes or mulattoes from coming to and settling in this state, under any pretext whatever." Now, I am quite willing to admit that it would have been better if these clauses, especially the latter, had not been in- troduced : they savour too much of hostility to the feelings of the people in this part of the Union, on the unfortunate subject of negro slavery. The restriction, too, upon the emancipation of slaves, is absurd, because, as is justly stated by Mr. Niles, in his Register,* there is nothing to prevent the legislature from imposing any tax that they think proper on this species of property. But the question is not whether the provisions of a constitution are enacted with bad sense or bad taste, but whether that instrument is, upon the whole, such as may rightfully pass the ordeal of congress. I would, in the first place, observe, that it is not fair to point out the obnoxious • October 21, 1820. (7) 50 parts of such a charter, and to leave unnoticed such as may possil)ly rtdeem it. From the observations that have been made on the Missouri constitution, one would be led to sup- pose that it was conceived in a spirit repugnant to the prin- ciples of republicanism and Christianity, — that it was, in fact, a tissue of inhumanity and impolicy. How far this represen- tation of it is correct, will be seen by a few extracts that I shall make : " The general assembly shall have power to pass laws, to prohibit the introduction of any slave into this state, for the purpose of speculation, or as an article of trade or merchan- dise : to prohibit the introduction of any slave^ or the offspring of any slavc^ who heretofore may have heen^ or xvho hereafter may he^ imported from any foreign country into the United States^ or any territory thereof in contravention of any exist- ing statute of the United States: and to permit the owners of slaves to emancipate them, saving the rights of creditors, where the person so emancipating will give security that the slave so emancipated shall not become a public charge." Art. III. Sect. 26. The same section makes it the duty of the general assembly, to pass laws " to oblige the owners of slaves to treat them with humanity, and to abstain from all injuries to them extending to life or limb." In the next section, we find the following provision : " In prosecutions for crimes, slaves shall not be deprived of an impartial trial by jury; and a slave convicted of a capital offence shall su^er the same de- gree of punishment^ arid no othcr^ than rvould be inficted on a white person for a similar offence; and courts of justice^ before whom slaves shall he tried^ shall assign them counsel for their defence.^'' Sect. 28. " Any person who shall maliciously de- prive of life cr dismember a slave, shall suffer such punishment as woidd be inflicted for the like offence if it xvere committed on a free luhite person^ Surely these provisions display no very inhuman spirit towards the slave population. They are carefully guarded from bodily injury; a fair trial is secured to ihcm ; and, from the provision respecting equality of punish- ment, we have a right to believe that the dreadful spectacle of burning a human being will not be witnessed in Missouri, as it has been recently in one of " the old thirteen states." The moral improvement of the whites seems also not to have been 51 forgotten in this constitution. Article VI. Sect. 1. " Schools, and the means of education, shall forever be encouraged in this state;" the funds arising from lands granted by the United States, for the support of schools, are to be applied in strict conformity to the object of the grant ; and " one school or more, shall be established in each township, as soon as practi- cable and necessary, where the poor shall be taught gratis." Sect. 2. Measures are to be taken for the improvement of such lands as may be granted for the support of a seminary of learning. The declaration of rights, subjoined to this in- strument, recognises and establishes '' all the great and essen- tial principles of liberty and free government." In every re- spect, save in those provisions which are held to interfere with its claim to admission into the Union, Missouri appears to me to have done herself credit by her constitution. In the next place, if Missouri is to be admitted without any restriction upon the right of holding slaves, (and if the princi- ples of the compromise be adhered to, she must be so admit- ted,) it is not easy to understand why she may not lawfully prescribe terms for their emancipation. If she is to be admit- ted on the same footing as her sister states, and she asks no more, she has an equal right with them to prohibit emancipa- tion without the consent of the owner of the slave. The con- stitution of Georgia, made in 1798, restricts the power of the legislature still more closely on this point. Those of Kentucky^ Mississippi^ and Alabama^ restrict the legislature in precisely the same terms. It is evident that the clause which the enemies of compromise appear now to considers© obnoxious, was copied literallv from the constitutions of the latter states, which were all submitted to congress for their approbation, and received the unconditional sanction of that body. If the three states I have named, were admitted without difficulty or objection, what reason is there for a discrimination in the case of Missouri ? But, it seems the provision respecting free negroes and mulattoes, is in violation of that article of the federal consti- tution which declares (Art. IV. Sect. 2,) that " the citizens of each state shall be entitled to all the privileges and immuni- ties of citizens in the several states ;" and consequently, tliat 5^ until the prohibition of the settling of that description of per- sons in the state be repealed, Missouri cannot be admitted. Now, the first thing to be remarked upon this article of the con- stitution of tlie LJnited States, is, that it never has been, and never can be, literally enforced, until a complete amalgama- tion be made of the laws and customs of the different states. The rights and immunities of citizenship differ widely in al- most every state. A citizen of one has the right of holding slaves ; a citizen of another has the privilege of voting for i-e- presentativcs, without possessing freehold property, or even paying taxes; a citizen of a third state may have an immuni- ty from service in the militia. It was never supposed that in either of these cases, the privilege of citizenship went along with the individual into every other state to which he thought proper to emigrate. To preserve, as much as possible, to the states, the right of managing their own municipal concerns, it is necessary that this provision of the constitution should not be extended in its operation beyond what necessity requires. To understand fully the bearing of a constitutional or le- gislative provision, it is proper to inquire into the object its authors had in view, and the practice that has obtained under it. With the knowledge we possess of the opinions and views of the southern members of the convention, it is difficult to believe that it could have been their intention to include free negroes among the number of citizens to which this clause of the constitution refers. It was, as it still is, their policy to shut them out from their confines. Nothing could be more dangerous to their power over the slaves, than the residence among them of free negroes, with the privileges of citizens. The greater the privileges and immunities bestowed on this class by some of the " free states," the stronger reason would there be for the " slave states" to refuse them an equality of privilege. It would seem probable, therefore, that the only o!)ject contemplated Ijy the constitution, was the placing the Avhite citizens of each state on the same footing, to a certain extent. 'J'hat this is the true construction of the article, ap- ])ears from all the proceedings that have taken place since the hjrmation of the constitution. In many states, a broad distinc- 53 tion has been made between whites and free negroes, which, if the latter ought rightfully to be comprised within the clause in question, is totally untenable. In the constitutions of some of the original states, the elective franchise, one of the first privileges of freemen, is confined to the whites. By the le- gislative acts of other states, they are expressly excluded from their territory^ under heavy penalties, and no objection has, I believe, ever been taken to this measure, on the ground of op- position to the constitution. A stronger proof, however, of the true construction of this clause, is to be found in the constitu- tions of the states that have been admitted since the adoption of the federal constitution. Kentucky, it will be remembered, was admitted shortly after that period, at a time when ma- ny members of the convention were in congress. The 8th sec- tion of the 2d article of her constitution, provides, that the privilege of voting for representatives shall belong to " every free male citizen," with certain qualifications, " negroes^ mit- lattoes^ and Indians^ excepted.'''' The constitution of Louisiana is equally explicit on this point ; " no person shall be a repre- sentative, who is not, at the time of his election, a free xvhite male citizen of the United States." (Art. II. Sect. 4.) " Eve- ry free white male citizen," with the usual qualifications, to be an elector. (Art. II. Sect. 8.) Similar provisions exist in the constitutions of Ohio, Illinois, Indiana, Alabama, and Mississippi. That of the last named state is sufficiently posi- tive and definite ; " no person shall be a representative, unless he be a ivhite man.^'' (Art. III. Sect. 4.) Now, it is impor- tant to bear in mind that the constitutions of the states I have enumerated, from Kentucky to Alabama, were successively presented to congress for their approbation, and were all ap- proved of by that body. The inference from this fact is un- avoidable, that they were believed by congress to contain no provisions inconsistent with the constitution of the United States. But, if any other than whites are to be considered as comprehended within the clause of the 4th article of that instru- ment, the provisions which confined the elective franchise and the power of being elected, to free whites, and expressly ex- cluded negroes, are plainly at variance with the constitution, A free negro, in New York, has the privilege of a citizen, in 54- voting at public elections ; but he is denied that privilege in Kentucky, and Ohio, by the express words of their constitu- tions, which congress has approved. It follows that an inter- diction to the negroes of equal privileges with the whites, has been admitted by that body even in the constitutions of the states north-west of the Ohio. Why should not the construc- tion of the federal constitution thus given, be allowed to ope- rate in favour Missouri ? Her constitution it is true goes fur- ther, and makes it the duty of the legislature to pass such laws as may be necessary to prevent the emigration of free ne- groes ; but the principle is the same, and if persons of this de- scription are not considered citizens, there can be no violation of the constitution. If however this provision of the Missou- ri constitution must strictly be considered as interfering with that of the United States, this may perhaps be deemed a case in which a contravention of one of its articles, if ever allowable, might with some propriety be winked at. The free negroes arc justly considered as a great political evil in the states which ;hey chiefly inhabit; they are depraved in their morals, debased in intellect, and unqualified to perform the duties of citizens. Even in the "free states" they form a dangerous class of the community, and while in the rest of the Union strenuous ef- forts are making to remove them out of the country, it would seem a great hardship upon the people of Missouri, if they were not allowed to close their doors from the first against their entrance, I come now to consider another objection to the compro- mise, one which has been repeatedly urged, and is calculated to make ai\ impression on many worthy members of the com- munlt)'. 'inhere can be no compromise of a principle, it is said. What is morally right must be expedient. Political considerations ought never to interfere with the enforcement of the dictates of humanity. " Wc would acquiesce," says one of the prin- cipal oi)ponents of the comjiromise, " in great sacrifices of a ynerely material nature^ for the permanence of the Union. Hut there are discernible limits to sacrifices even of that de- scription ; and with regard to some of a different kind wc would nt\er consent that they .should be made on any account.''^ 55 " The integrity of the Christian and republican conscience is paramount to every other consideration." " The noruslave holding states, as they are called, with those -which must fall into their system of action, not only could exist in a separate confederacy^ but would be sure to flourish and maintain them- selves in independence and prosperity against all the world." " Possessing the main strength of the Union in every respect, thev may well meet with equanimity all menaces from the other part, of defection and violence ; and it would be their duty rather to risk the execution of them than to surrender any one great principle^ essential to the honour and true wel- fare of the whole, and consecrated by reason, as a part of the religion of human nature."* The inference to be drawn from these propositions, as applied to the Missouri Question, is no other than this, that the principles of religion and morality re- quire of us to adopt measures for the benefit of a particular part of our population, let the consequences to the remaining portion be what they may : that the peace and prosperity of eight millions of freemen and Christians, may rightfully be sacrificed to promote the welfare of a million and a half of slaves. Now, were there no examples in the history of mankind, were there none in our own history, of the admission of the question of expediency into a discussion of morals by w^ise and virtuous men, reason might still demonstrate, that, to be practically serviceable to humanity, philanthropists must be governed by considerations of expediency. " Moral philoso- phy," says a great authority on this subject,! " cannot pro- nounce that any rule of morality is so rigid as not to bend to exceptions." " Veracity, which seems, if any be, a natural du- tv, is excused in many cases towards an enemy, a thief, or a madman. The obligation of promises, which is a first prin- ciple in morality, depends upon the circumstances in which thev were made : and so of most other general rules, when they come to be actually applied." If by complying stricdy with any moral obligation in a particular case, we should be likely to do more real injury than service to mankind, it is • Prospectus of the Xalional Gazette, p. 11. t Archdeacon Pale}-. 56 clear, Unit it would be morally inexpedient to do so. For in- stance, slavery is a great evil, and all men may be said to bo under a moral obligation to put a period to it. But if in a tommunitv where any considerable proportion of slaves exists, greater evil would be produced by their entire and immedi- ate emancipation, than by retaining them in bondage, neither morality nor reason would require their emancipation. " To ha\c discharged slaves from all obligation to obey their mas- ters," says Paley, when accounting for the silence of the Scrip- tures on the subject of slavery, " which is the consequence of pronouncing slavery to be unlawful, would have had no better effect than to let loose one half of mankind upon the other. The most calamitous of all contests, a bcllum servile, might probably have ensued, to the reproach, if not the extinction, of the Christian name."* Beattie expresses similar ideas of this moral duty. " I cannot blame the present race of planters for not giving liberty to their slaves ; when I consider that so many savage men, set free at once, might annul the property and destroy the lives of thousands of innocent persons, and perhaps involve the whole empire in confusion."| Now, if slavery be an evil and a crime, and if in all cases measures for the removal of moral evil are to be pursued at every hazard, it ought not to be continued an hour, no, not an instant after it becomes possible to extirpate it. Not merely are those who hold slaves bound to emancipate them at once, but those who possess the pecuniary means, or the physical force, are equally under an obligation to tear the shackles off the slaves in every (juarter of the globe. The true reason why this is not attempted, is because the evils of emancipation would be greater than those of slavery ; in other words, that though it is morally wrong to hold nun in bondage, yet it is both morally and politically in- expedient to emancipate any great number of them at once. In fact, history furnishes us with frequent examples of this spe- cies of compromise, in which a lesser w'rong has been tolerat- ed, that a greater evil might be avoided. 1. I have adverted in a preceding page to the compromise which was entered into • Moral Pliilosopliy, Hook III. Part 2. t Elements ol" Moral Science, Tart III. Chap. 3. 57 In the convention, on the subject of the slave trade, an evil at least as great as the extension of slavery. The question there was, what humanity would gain by the decision, and the illustrious men who formed the constitution, satisfied themselves that it would be better on the whole that a tempo- rary permission was given to the continuance of the traffic, than that the union of the states should be jeopardized. It should not be forgotten, that Washington concurred in the propriety of this compromise, he who was a sincere and fervent Chris- tian, who was scrupulously exact in the performance of all moral duties, and who has left it as his recorded belief, that " there is no truth more thoroughly established than that there exists in the economy and course of nature an indissoluble union between virtue and happiness — between duty and ad- vantage ; — between the genuine maxims of an honest and mag- nanimous policy and the solid rewards of public prosperity and felicity. That we ought to be no less persuaded that the propitious smiles of heaven can never be expected on a na- tion that disregards the eternal rules of order and right which heaven itself has ordained." 2. A precedent still more in point, may be found in the system pursued by the general government, in relation to this very question of the extension of the right of holding slaves, as it affected the new states east of the Mississippi. Since the adoption of the constitution, seven new states have been carv- ed out of the territory which belonged to the United States, previous to the treaty by which Louisiana was acquired. Of these, five, namely Kentucky, Tennessee, Mississippi, and Ala- bama, have been admitted without any stipulation or restric- tion on the subject of slavery. The remaining three, Ohio, Indiana, and Illinois, consented to prohibit slavery. It is evident, that without any express legislative enactment, or written compromise, an understanding existed between the " free" and " slave states," that slavery should be tolerated within a certain line, and excluded beyond it. That line was formed by the course of the Ohio, from the latitude of forty- one degrees, in which it leaves Pennsylvania, to its junction with the Mississippi. The celebrated ordinance of 1787, ex- (8) 58 eluded shucrv from the territory north-west of this river^ but uhen its provisions were applied to the south-western territo- ry, the article forbidding slavery was expressly excepted. Now here is something, which if not an actual compromise between philanthropy and political expediency, bears at least a strong resemblance to it. The rulers of the nation appear to me to have been under an equally strong obligation to pro- hibit slavery, south of the Ohio, as their successors are now said to be under to prohibit it south of thirty-six degrees and thirty minutes. It will probably not be contended, that the obligation is stronger west of the Mississippi than east of that river. Yet it does not appear that the philanthropists of that time felt it to be a matter of conscience with them, to oppose the admission of Kentucky, or Tennessee, or Mississippi, or Alabama, because slavery is recognised in their constitutions. In consenting to ratify a tacit agreement, which had in view the preservation of the harmony of the Union, and conse- quently the " true welfare of the whole," they could not have supposed that they were " surrendering any great principle," or violating " the integrity of their Christian and republican conscience." 3. I have yet another example to produce of an acquiescence in the existence of a modified and limited evil, by enlightened and philanthropic statesmen ; and as the specimen is taken from the political history of a nation, who have certainly persuaded themselves, if not us, that " they are the freest and most moral people of which there is any memorial,"* it may have greater weight than any that might be drawn from the annals of this re- publican and unpretending country. I allude to the treaties that have been formed by the British government for the suppression of the slave trade. It is not material what objects the present mi- nistry may have had in view in effecting the abolition, whether they sincerely desired to ameliorate the condition of Africa, or wished to obtain a monopoly of the power of raising colonial produce. If their conclusions have received the approbation and sanction of those distinguished philanthropists, to whose opinions we in this country, and especially that portion who oppose the compromise, pay so much respect, they may serve • Ediuburgh Review. 59 to instruct and edify those who are averse to making- any bar- gain with evil. It is well known, that after labouring for twenty years, Mr. Wilberforce and his friends succeeded in effecting an abolition of the slave trade by British vessels, in 1806. It was soon found that unless other persons concurred in the measure, no great benefit would accrue to Africa. Ne- gotiations were consequently opened, but with little success until the period of the general peace. The principal obsta- cles arose from Finance, Spain, and Portugal. The first of these powers agreed to abolish the trade at the expiration of five years, and the British government consented by treaty, that a traffic should be continued for that space of time, which they in the same breath pronounced to be " repugnant to the principles of natural justice and of the enlightened age in which we live." It was contended in parliament, when this treaty was laid before them, that no compromise of the great principle of abolition should have been entered into, and that it was preferable to have continued the war, rather than to have acceded to it. But the majority of the parliament ap- proved of the treaty, on the ground that it was better to admit of a partial evil than to risk greater mischiefs, by striving after too much. " Morals," said lord Castlereagh on this occasion, ''were never well taught by the sword ; their dissemination might sometimes be made a pretext for ambition, but the real object could not be long concealed, and it was to the light of experience, to the promulgation of wisdom, and not to the ex- ercise of violence, or the influence of war, that they could look with any prospect of success for the abolition of the slave trade." " If France could not be persuaded to act in the manner desired, she could not be compelled to it, nor was it to be expected that she should be taught morality at the point of the bayonet."* Portugal likewise agreed to abolish the traffic in a certain number of years. The treaty with Spain however is more in point, as we find gcograpliical lines laid down in it exactly as in the treaty between the " free" and " slave states," respecting the Missouri Question. In 1814, that power consented to abolish the trade in a fixed number • Hansard's Parliamentary Debates, \iA. XXVIll. p. 28 >. 60 of years. In the succeeding year, the allied so\ creigns issued a public declaration on this subject. After denouncing the " African slave trade," as " repugnant to the principles of hu- manity and of universal morality," they proclaimed, that ^' the public voice in all civilized countries demanded that it should be suppressed as soon as possible," and that it was especially the desire of these " august sovereigns," that "• an end should be put to a scourge which has so long desolated Africa, de- graded Europe, and afflicted humanity." With such high authority to support them, the British government commenced fresh negotiations with Spain. If they had a right to ask any thing of her, it could have been nothing short of a total and immediate abolition of a traffic, the character of which had been so forcibly stamped. Ac- cording to the principles of some of the advocates of the Missouri Question, there could have been no half-v/ay mea- sures, no paltering with humanity, no sacrifice of conscience. Had the enemies of our compromise been the negotiators on that occasion, it is evident that, consistently with their de- clared opinions, they must have insisted upon a surrender of every thing by the Spanish government ; and, if this had been refused, either have lost everything, or involved the two countries in war, and drenched the fields of Europe again in blood. Lord Castlereagh and his colleagues, however, it seems, were of opinion that this mode of proceeding would not have been exactly consonant with the principles of Chris- tianity. Finding that his Catholic majesty had insuperable objections to an entire abolition, the British ambassador con- cluded a treaty, in 1817, by the provisions of which, the traf- fic, so far as it respected Spanish vessels, was confined to that part of the coast of Africa xvh'ich lies south of the equator^ and was to be interdicted altogether at the expiration of three years. Here, then, we have a precedent for lines of demarca- tion. " The barbarous and unchristian traffic" was legalized ■within a fixed limit : " the scourge which had desolated Afri- ca" was now only to desolate it south of the line : " Europe" was only " to be de^adcd" to a certain extent, and " humani- ty" to be " afflicted" by metes and boundaries. " What an 61 outrage upon true philanthropy !" no doubt the advocates ot" the restriction are ready to exclaim : " What a base desertion of principle ! What a sacrifice of the immutable and unbending rules of morality, to the paltry consideration of expediency ! Surely all Christendom was moved to protest against this treaty. Doubtless that venerable body, the British parliament, refused to ratify it. At all events, such men as Wilberforce and Mackintosh must have raised their voices against it." Let us see how far this supposition is supported by facts. The treaty was taken into consideration, in the house of commons, on the 9th of February, 1818. In proposing a re- solution to carry its purposes into effect, lord Castlereagh ex- pressed his confidence that " the house would be satisfied of their object and effect being most beneficial." " There was no slave trade now north of the line ; it could be carried on by possibility only to the southward of the line, from May, 1820." " One great portion of the world was rescued from the horrors of this traffic, aggravated as it must be by contraband specu- lators." " On the whole, he hoped that there would be but one feeling of gratitude to Spain^ for an exertion ivhich ivas so much to her honour^ and to the benefit of the xvorld^ — an exertion, he said, for it was a great exertion on her part." 3Ir. Wilberforce declared, that " as one most seriously inter- ested in the abolition of the slave trade, he must sav that he thought the noble lord entided to his warmest gratitude, for the efforts which he had made, during a long course of diplo- matic attention to the subject, and for the successful issue to which he had eventually brought those efforts." " The nego- tiation which led to the treaty now under the consideration of the committee, had been a very protracted one : he was per- suaded that Its favourable termination arose in a great measure from the foundation laid at the congress at Vienna ; and he congratulated the British government on having, in conjunc- tion with the other great powers of Europe, established those principles which led to so important a result." " It was not fair to estimate the whole of the benefit to be derived from the measure, from looking at it singly," &c. Sir James Mackin- tosh " approved the present treaty in the higheat degree."" 6^3 " He considered the immediate prohibition of the Spanish slave trade on the north of the equator, and the establishment of the right of search to enforce it, as a most important step towards the still distant point of general abolition." Mr. C. Grant said, " he would not trouble the house with many ob- servations, as it appeared to be uiianimous in its approval of the present treaty.''"'* The treaty was in fact approved of by a vote nearly unanimous. Not a word appears to have been said, in or out of parliament, of the impropriety of a compro- mise of this question, We hear nothing of " keen sarcasms" against " men whose principles of morality and religion were bounded by the equator." It was nowhere urged, that " any mere disaster is preferable to the commission of crime." The English government and people conceived that Spain had done much for the cause of humanity, when, in spite of interest and prejudice, she agreed to confine the evil within a certain bound- ary. Under this belief, they cheerfully ratified the treaty, and, as I conceive, acted with prudence and good sense. If, in answer to this, it be said that the proceedings between inde- pendent sovereigns furnish no precedent in point with the Missouri Question, because a broad distinction may be taken between the right which a government possesses to control the actions of its subjects, and the claim of one nation to interfere with another, I reply, that the distinction, as applied to this case, is more specious than real. The slave trade was con- trary to natural justice, it violated the natural law, and had been denounced by the general congress of Europe. If the position taken by a writer in a paper of high authority on this subject be correct, that the federal government, having it in its power to prevent the extension of slavery to Missouri, and not exercising that power, became accessary to the commission of crime,! then Great Britain must have been equally accessary to the continuance of the slave trade, since a single squadron of her " thousand ships" would have been sufficient to sweep this unrighteous traffic from the surface of the ocean. She possessed the power, therefore, and the right, I^ecause, aften • Hansard's Parliamentary Debates, Vol, XXX VIT. j National Gazette, No. IV. 63 the declaration of the congress of Vienna, the slave trade might be considered as little better than piracy. Thus, although I admit that in most cases one nation has no right to interfere with the actions of another not injurious to herself, yet I con- sider the question of the slave trade one in which it was lawful to interpose. The question of expediency was quite a different one. I have endeavoured to show, too, that the discussion and result of the Missouri Question, at the last session, re- sembled in many points the negotiation of a compact between independent communities.* In considering the compromise of the Missouri Question, then, I conceive we have a right to ask what humanity will gain by a fulfilment of its provisions, and what she would lose by a rigid adherence to the supposed moral obligation of ex- cluding slavery from all the countries over which we have a right to legislate. It is an important fact, one which ought constantly to be borne in mind in the contemplation of this subject, that pre- viously to the last session of congress, no interdiction existed against slavery in any part of the great territory ceded by France in 1803. From the Mississippi to the Pacific ocean, from the Gulf of Mexico to the extreme northern boundary of the United States, it was politically lawful to hold human be- ings in bondage. East of the Mississippi, a line of demarca- tion between the territory in which slavery is tolerated, and that from which it is excluded, had existed for many years. The Ohio, from the latitude of 41° to that of 37% at which it enters the Mississippi, formed the boundary. The medium of its course would be the parallel of 39°, which may be con- sidered for the present purpose as the line east of the Missis- sippi. If, two years ago, it had been proposed to continue that line west of the Mississippi to the Spanish boundary, it is reasonable to believe that there would have been a ready acquiescence on the part of the " free states," and that the cause of freedom and philanthropy would have been consider- ed to have gained a great triumph. Now, although the north- • See Note G. 64 crn boundarv of Missouri is about a degree and a half north of the parallel of 39°, yet as by the compromising act slavery is only permitted south of 36° 30', the gain west of the Missis- sippi has been very considerable. In other words, if the me- dium line of the parallel of 39° had been carried across the Mississippi, the whole of the present state of Missouri (with the exception of a narrow slip of territory) and a large tract of country which is now given up to free population, would have fallen within the line of slavery. Humanity therefore has gained, by the present arrangement, more than she did east of the Mississippi. But it is impossible to look at the map of the country be- tween the Mississippi and the Pacific, without perceiving that the theatre of slavery has shrunk into a very narrow compass, and being made sensible of the extreme impolicy of any mea- sures that could possibly put to hazard the great gain that has been effected. If we take the boundary of the United States west of the Mississippi to be such as it was settled by the treaty with Spain of February, 1819, which will exclude the province of Texas, the territory within which slavery may hereafter exist will be found to bear about the same compari- son to that from which it is to be excluded, that Virginia does to the whole United States east of the Mississippi. South of the parallel of 36° 30', tlie territory of the United States con- tracts almost to a point. The number of square miles within the slave district, including Missouri and I^ouisiana, may be estimated at about 170,000; while the area of the district north of 36° 30', excluding IMissouri, is probably not less than 1,500,000 square miles. If two new " slave states" may exist south of the line, there is room for twenty " free states" north of it. The most zealous enemy of the compromise must, I think, admit, that considering all circumstances, a great point has been gained, in fixing the line of demarcation so far south. If the cause of humanity will gain considerably by the ful- filment of the compromise, I think it apparent that it will lose much, if not every thing, by an adherence to the determina- tion of excluding slavery from Missouri and Arkansaw. The act of March last, which received the sanction of both houses 65 of congress, and was approved of by the president, authorized tile people of the territory of Missouri to form for themselves a state constitution and government, and declared that the state thus formed should be admitted into the Union on an equal footing with the original states. With this charter be- fore them, the people of that district have appointed delegates to frame a system of government. A convention has assem- bled, and, after full discussion, has solemnly adopted a consti- tution, which they have bound themselves and their constitu- ents to support. In conformity with that constitution, the government has been organized, and has gone into operation. A governor and legislature have been elected. The legislature has commenced the exercise of its functions. Senators and representatives in congress, and presidential electors, have been chosen. We will suppose that the house of representa- tives of the United States rejects the constitution of Missouri, and refuses to admit her representative to a seat. What course will the senate pursue ? Will that body appi-ove of the con- stitution, and admit the senators elected under it to the exer- cise of their rights ? If such should be their determination, in what situation would the country be placed, with a contest of such a nature as would necessarily follow between the two houses ? Admitting, however, that the senate abides by the decision of the other house, and that Missouri is denied ad- mission into the Union. Her delegates return home with the information that this sovereign and independent state, for such it has become by the authority of congress, is excluded from the confederacy. What course is left for the people of Mis- souri to pursue ? They have an organized administration, a legislature, an executive, a judiciary, and all the necessary agents and machinery of government. Can any one, not wilfully blind to the consequences, doubt that an attempt will be made to get on without the assistance and control of conr gress ? It has been remarked by Europeans, tliat the ann of government is never seen in the United States. This is on some accounts more true of the western states than of their Adantic brethren. The blessings o f the federal system are not so clearly visible in the former : its power is still less so. Thtt (9) 66 main business of government is performed by the state func- tionaries ; and such is the distance of some of the recent states, that the tie of dependence becomes much less apparent. The general government is known to them in hardly any other capa- city than that of a great landholder and collector of purchase moneys; and its visitations are not much more acceptable than those of private persons with similar claims. It would re- quire, therefore, neither great changes nor great exertions, on the part of the people of Missouri, to enable them to under- take business on their own account. Their internal arrange- ments are perfected ; and if they are thrown out of the attrac- tion of the present sphere, it by no means follows that they may not revolve in another system. If the lociU situation of Missouri were different from what it is, were she placed in the vicinity of states hostile to the principles for which she is contending, she might be made sensible both of the beneficial influence of the general govern- ment in suppressing state animosities, and of its power upon herself. But a glance at the map is sufficient to show that she has little to fear from her neighbours. On her right are Louisiana, and the Arkansaw territory ; in front of her right flank, Mississippi, Tennessee, and Kentucky, states whose population and policy are the same, and whose feelings on the subject of negro slavery, and of state rights, are certainly not such as to induce them to volunteer to prove to her the dis- advantages of being out of the pale of the Union. To the north-east, it is true, is the state of Illinois ; but when it is re- membered that both the senators from that state voted against the restriction, it will be seen that Missouri has not much to apprehend from that quarter. On her left flank, and in her rear, is a vast tract of unsettled country. Under these circumstances, Missouri, possessing a state government in full operation, and surrounded by friendly pow- ers, may be disposed, perhaps, to determine the question whe- ther liberty, security, and prosperity, cannot be enjoyed with- out the aid of the United States, if the doors of the confedera- tion are shut against her admission. Could the voice of an bumble individual be heard amid the tumult of party, I would 67 say to the opponents of the compromise ; In excluding Mis- souri from the Union, you adopt a measure pregnant with the most disastrous consequences. No matter how it was obtained, an act was passed, authorizing the people of Mis- souri to form a state constitution, and it has accordingly been formed. You cannot undo what has been done. You cannot, if you would, send the people back to their former territorial government. A constitution is too solemn a thing to be trifled with. The people of Missouri having, after full discussion, refused to provide against slavery by that instrument, pride at least will induce them to persist in that determination, if congress make the alteration of their charter a sine qua non of their admission. Nothing but a choice of evils will then be left to the federal government. If they simply leave Mis- souri out of the Union, and allow her to manage her concerns in her own way, what an alarming precedent will be set! Will not the other states in that quarter, come, in time, to exercise the same privilege ; and seeing Missouri get on without it, will they not be led to think that the expense of a general go- vernment may very well be saved ? Or, if the necessity of a confederacy is still perceived, will not one which may con- sult western interests and feelings only, be preferred ? Will you proceed with the business of legislation as if Mis- souri formed part of the Union ? Will you, in opposition to the principle of all others the most deeply engrafted on the minds of the people, impose direct or internal taxes upon the people of Missouri, without allowing them a representation in the public councils ? It will perhaps be answered, that Mis- souri may be considered as still in a territorial condition, and taxed accordingly. It is plain this cannot be admitted. The consent of congress, which is necessary to her entrance into the confederacy, is not now necessary to her existence as a sovereign and independent state. She has become such al- ready by virtue of an act of congress. Will you attempt to enforce your paramount authority, and execute your laws in defiance of her constituted authorities ? Alas ! this would be u.frightful spectacle for humanity. The means to obtain suc- cess are not in your power. You could not employ regular 68 troops on such an occasion; and if you could, the whole re- gular army of the United States would be insufficient. You would find, to your cost, that the militia of the western states could not be drawn out against their brethren. To send the eastern militia, no matter in what number, across the AUe- ganies and down the Ohio, would be little short of madness. Let it not be forgotten, too, that this would be a contest not between an effective government and a body of malecontents, but between two organized and established governments ; one identified with the interests and passions of the people, the other holding by a slight grasp to its constituents, and divided within itself by contending parties. In such a contest the is- sue would not be doubtful for a moment. Let us suppose, however, the power of the general government to have finally triumphed, and the restriction on INIissouri to have been ef- fected to the utmost extent that its most ardent advocates could desire. It is impossible, when we reflect on the well known disposition of the western states, to believe that this end can be attained without a long and arduous struggle. Civil war, with its hideous train of calamities and crimes, rapine, pillage, and devastation, the destruction of human life, the extinction of all the kindly feelings of brotherhood, and the lighting up of all the fierce and vindictive passions of our nature, will be the inevitable result. Are the enemies of the compromise prepared to meet these consequences ? Does humanity require such sacrifices on her altar ? Will not the future historian say, when he recounts the progress of intes- tine discord, " the waste, the wo, the bloodshed, and the tears," that will have followed the attempt to enforce the restriction, that philanthropy was not the gainer, when, for the sake of excluding a small number of a vile and wretched race from a narrow strip of territory, that country was made the bloody arena of civil conflict, and the grave of thousands of a lofty and virtuous people. Let me suggest one more consideration to the advocates of the restriction, — a consideration which may have more weight than any that could be drawn from the probable future situa- tion of the whites, with a certain class " whose philanthropy is never warmed but towards the savage, the mulatto, and the 69 slave."* The dissolution of the Union, or even such events as would place Missouri out of the pale of the confederation, would Inevitably lead to the extension of slavery over the whole territory west of the Mississippi. Of the probability of this result, it appears to me, no reasonable man can doubt. What, but the principle of compromise and the love of har- mony, has induced the people of the southern and western states to consent to a line of demarcation by which they are hereafter to be cooped up in a corner of the great commons of the republic ? Let these motives be withdrawn, and we shall find them pursuing their immediate interests without restraint. Again, Missouri independent, supported or even not opposed by the states immediately around her, and commanding by her situation the navigation of the noble river from which she de- rives her name, may at no distant day be able eifectually to pre- vent the execution of any act of congress in the territories behind her. The dykes which the friends of humanity have raised against the encroachment of slavery will thus be thrown down, its dark waves will pour like a torrent over the regions of the west, and crime and misery, instead of being, as now, confined within a narrow compass, will be extended to, and perpetuated in, an almost boundless tract of country. W'hen these things come to pass, as, unless Providence interposes by some especial miracle, they in all human probability will, what will be the reflections of those who now oppose the com- promise ? The sincere but mistaken philanthropists may con- sole themselves with the belief, that however disastrous the result of their measures, they were governed by pure motives : but those (if there be such) who urge this question with the view of pushing their own political aggrandizement, will have no refuge from the condemnation of posterity. It is to be hoped, however, that a wiser and more Christian spirit will prevail in the councils of the nation; — that this youngest of the sister states will be freely and cheerfully ad- mitted to an enjoyment of equal privileges with the other members of the confederacy; — and that the harmony of the Union, upon which the glory and prosperity of the republic depend, will remain unimpaired. • Edinburgti Review. NOTES. NOTE A— Page 6. IT was one of the unfortunate effects of the mere agitation of the Missouri Question, to stir up jealousies between different sec- tions of our country, which had been long dormant, and to give a keener edge to the local animosities that still prevailed. In the excitement of the moment, feuds as ancient as the settlement of the country were revived, and wounds, which an union of thirty years as one nation had in a great measure healed, Avere again opened. Northern interests and southern interests, eastern prin- ciples and western views, were in the mouths of all the speakers, while the highest and noblest interest of all, that of the republic, seemed to be nearly lost sight of. A strong proof of the exist- ence, or, as it may perhaps be moi'e properly termed, the resur- rection of an antifederal disposition at that period, is afforded by the debate in the house of representatives, on the 3d of February last, on the question of publishing the secret journal of the old congress, from 1783 to 1787. Mr. Pinckney of South Carolina, who had himself been a member of that congress, advocated the publication, in a speech, the object of which evidently was to im- press on the western states north of the Ohio, that those of the east were hostile to their interests, and thus perhaps to detach them from the support of the restriction on Missouri. This pur- pose was to be effected by retailing what he supposed to be a piece of secret history, the general bearing of which was, it is . true, unfavourable to the eastern states, but which had been sa- tisfactorily explained at the time. " There were some of those proceedings," he said, " which ought to be published for general information. He would state one of them, which was perhaps not known to the nation, and was a most important part of the his- tory of our country. It was not noticed by Judge Marshall or Dr. Ramsay, in their histories of our country ; and was not no- / '* ticcd probably because they knew nothing of it, not havhig ac- cess to the secret journal that contained it. In the year 1785," Mr. Pinckney proceeded to state, " the Spanish government sent a minister to this country with full powers to treat for a surren- der of the right to navigate the Mississippi, for twenty-five or thirty years, exclusively to Spain. If that treaty had taken place, the consequence would have been, that the whole of the country on the Mississippi would have been either separate and indepen- dent of this government, or in the hands of France. This propo- sition from the Spanish government, when made, was referred to Mr. Jay to report upon it ; and to the astonishment of the coun- try," Mr. P. said, " that gentleman had not only reported in fa- vour of accepting it, but supported that opinion with much ear- nestness, and with the best exertion of his talents. The question was then submitted to the votes of the states. All the eastern and northern states," said Mr. P., " joined in support of the trea- ty ; and had it not been for the greatest exertions I ever witness- ed in a public body, from those opposed to it, that treaty would have been ratified. If it had been^ where now would have been the members who Jill these seats ? Either subjects of a power hostile to us, or members of a government wholly independent of us, and our rivals."* Now it may fairly be asked, if all the inferences intended to be drawn by Mr. Pinckney were correct, cui bono, what good pur- pose, in a national point of view, could have been effected by this statement ? The more offensive a subject is, the stronger reason is there against disinterring it. When the object is to prove that a candidate for public favour is not deserving of what he aims at, reference to former actions may be necessary. But in a case of this nature, the obvious effect would be to dissolve the ties of brotherhood between states " which have the strongest motives for cultivating mutual affection and esteem." The fact however Ts, that this particular transaction has been greatly misstated by Mr. Pinckney. The true history of it may be found published in the Debates of the Virginia Convention on the Constitution of the United States. The subject of the abortive treaty was inci- dentally mentioned, and a full representation made of the occur- rences by the late president Madison, and others who like him • National Intelligencer, February 19, 1830. 73 were opposed to the miserable system of exciting local animosi- ties, a system which, whether practised in the north or the south, in the middle or the western states, is equally deserving of the most scornful reprehension. The following extracts from the speeches of some of the most distinguished statesmen of Virginia, may sei-ve to remove im- pressions conflicting with the harmony of the Union, and may therefore not be out of place here. Mr. Patrick Henry — " There is a dispute between us and the Spaniards about the right of navigating the Mississippi. This dispute has sprung from the federal government. I wish to know the origin and pro- gress of this business, as it would probably unfold great dangers. In my opinion, the preservation of that river calls for our most ■ serious consideration. It has been agitated in congress. Seven states have voted so as that it is known to the Spaniards that un- der our existing system the Mississippi shall be taken from them. Seven states wished to relinquish this river to them. The six southern states opposed it." Sec* Colonel Henry Lee — " I feel myself called upon to come forward and tell the truth with respect to the transaction about the Mississippi. — There are men of integrity and truth here, who were also then in congress. I call upon them to put me right with respect to those transac- tions. As far as I could gather from what was then passing, / believe there ivas not a gentleman in that congress who had an idea of surrendering the na-vigation of that river. They thought of the best mode of securing it. Some thought one way and some another way. / was one of those who thought the mode which waa alluded to the best to secure it. I shall never deny that it was my opinion. I thought I was promoting the real interests of the peo- ple. ' But,' says he, ' it was under the veil of secrecy' — There was no peculiar or uncommon desire manifested of concealing those transactions. They were carried on in the same manner with others of the same nature, and consonant to the principles of the confederation."! Mr. Madison — " My honourable friend has referred to the transaction of the * Debates of the Virginia Convention, page 115. f Page 136. (10) federal council with respect to the navigation of the Mississippi. I wish it was consistent with delicacy and prudence to lay a com- plete view of the whole matter before the committee. The his- tory of it is singular and curious, and perhaps its origin ought to be taken into consideration. I will touch on some circumstances, and introduce nearly the substance of most of the facts relative to it, that I may not seem to shrink from explanation. It was soon perceived, sir, after the commencement of the war with Britain, that among the various objects that would affect the happiness of the people of America, the navigation of the Mississippi was one. Throughout the whole history of foreign negotiation, great stress was laid on its preservation. In the time of our greatest distresses, and particularly when the southern states were the scene of war, the southern states cast their eyes around, to be relieved from their misfortvmes. It was supposed that as- sistance might be obtained for the relinquishment of that naviga- tion. It was thought that for so substantial a consideration, Spain might be induced to ofl'er decisive succour. It was op/iosed by the northern and eastern states. They were sensible that it 7night be dangerous to surrender this important rights particularly to the inhabitants of the wester?! country. But so it was, that the southern states were for it, and the eastern states against it. Since obtaining that happy peace, which secures to us all our claims, . this subject has been again taken into consideration, and delibe- rated upon in the federal government. A temporary relinquish- ment has been agitated. Several members from the different states., but particularly from the northern, were for a temporary surrender, because it would terminate disputes, and at the end of the short period for which it was to be given, the right would re- vert of course to those who had given it up. And for this tem- porary surrender, some commercial advantages were offered. For my part, I considered that this measure, though founded on con- siderations plausible and honourable, was not yet justifiable, but on grounds of inevitable necessity. I must declare, in justice to many characters who were in congress, that they declared that they never would enter into the measure, unless the situation of the United States was such as could not prevent it."* Again, in answer to Mr. Henry, Mr. Madison said, " I never • I'age 225. can admit that seven states are disposed to surrender that naviga- tion. Indeed it never was the case. Some of their most distin- guished characters are decidedly opposed to its relinquishment. When its cession ivas Jiroposed by the southern states, the north- ern states o/i/iosed it. They still o/i/iosc it. New Jersey direct- ed her delegates to oppose it, and is strenuously against it. The same sentiments pervade Pennsylvania ; at least I am warranted to say so from the best information I have. Those states, added to the southern states, would be a majority against it."* This distinguished statesman added afterwards, in reply to an observation of Mr. Henry, " That if the honourable gentleman thought that he had given an incorrect account of the transac- tions relative to the Mississippi, he would, on a thorough and com- plete investigation, find himself mistaken. That he had his in- formation from his own knowledge, and from a perusal of the do- cuments and papers relating to those transactions."! Mr. Lee, in a short speech, positively affirmed, " that it was the inflexible and determined resolution of congress, never to give them up. That the secretary for foreign affairs, who was author- ized to form a treaty with Gardoqui, the Spanish ambassador, had positive directions not to assent to give up that navigation, and that it never had been their intention or wish to relinquish it. That, on the contrary, they earnestly wished to adopt the best possible plan of securing it."| Mr. Monroe, the present president, in giving a history of the first offer of cession, which he acknowledged to have been made at the instance of the southern states, said, " If I recollect aright, the minister of the United States at the court of Madrid inform- ed congress of the difficulty he found in prevailing on that court to acknowledge our independence, or take any measure in our favour, suggested the jealousy with Avhich it viewed our settle- ments in the western country, and the probability of better suc- cess, provided we would cede the navigation of this river as the consideration. The latter circumstances were made known to the legislature, and had their weight. "§ Mr. Madison again spoke upon the subject, in answer to Mr. Monroe. " The eastern states," he said, " had no idea of abso- lutely alienating it. I think one material consideration v.'hich go- * Page 237. t ^^S^ 238. 1 Page 238. § Fuge 239. 70 vcrncd Ihcm was, that there were grounds of believing there was a serious negotiation between Great Britain and Spain, which might bring on a coalition between those nations, which might enable them to bind us on different sides, permanently withhold that navigation from us, and injure us in other respects material- ly. The temporary cession, it was supposed, would fix the per- manent right in our favour, and prevent that dangerous coalition." " With respect to the secretary of foreign affairs,"* said Mr. Ma- dison, "I am intimately connected with him. I shall say nothing of his abilities and attachment to his country. His character is es- tablished in both respects. He has given a train of reasoning which governed him in his project. If he was mistaken, his integrity and probity more than compensate for his error." — " I am led to think there is no settled disposition in seven states to give up that object, because New Jersey, on a further consideration of the sub- ject, actually gave instructions to her delegates to oppose it. And what was the ground of this ? I do not know the extent and par- ticular reasons of her instructions. But I recollect that a mate- rial consideration was, that the cession of that river would dimin- ish the value of the western country, which was a common fund for the United States, and would consequently tend to impover- ish the public treasury. "f NOTE B— Page 10. The first act of the new political drama, appears to have been duly opened. The parts of the respective dramatis persona have probably been some time cast., (to use the theatrical expression) and the dresses are now assumed for the occasion. Whether it will end as a tragedy, or farce, remains yet to be determined. The attack has been commenced by a writer under the signature of Cato, in the "American Daily Advertiser" of the 16th of October. This ingenious essayist sets out with the proposition, that '* the Missouri Question has awakened the people and di- rected their attention again to the sublime contemplation of the original and inalienable rights of man." And then fol- lows the material question, " shall a man be chosen as the chief magistrate of a free people, who in addition to the act of holding his fellow creatures in bondage, enforces with all his ofTi- • :\Ir. Jaj-. t ^"S^ 247. 77 clal influence, the pernicious doctrine of the extension of slavery into the new states whicli are to be admitted into the Union ?" An apparently liberal admission is made in the middle of this address, that " this great question as to the extension of slavery can safely be trusted to its own merits, and ought not to be used for the aggrandizement of any fiarty or individuals." But un- fortunately, at the conclusion, the cloven foot is again visil)lc. " If a judicious ticket should be framed with a view to the objects of this appeal, would it not be carried in Pennsylvania ?" " If Penn- sylvania should rise and succeed, it would show her determina- tion on this great subject ; and it would moreover have a ten- dency to baffle and abate the pride of southern sufficiency, by let- ting it be known, that the Pennsylvanians will no longer be held in a state of pliancy to the will and pleasure of the south." This liberal and philanthropic appeal was followed in a few days by the subsequent notification, which appeared in several of the newspapers. " ANTI-SLAVERY. " Electors of President and Vice-President. " The citizens of the city and county of Philadelphia, and of the adjacent counties, who are opposed to the extension of slavery, and in favour of a public declaration of the sentiments of Penn- sylvania upon this momentous question, are invited to assemble at the mayor's court room, on Saturday afternoon, the 2 1st instant, ('October) at four o'clock, for the purpose of agreeing upon an electoral ticket to be supported at the approaching election, against the ticket agreed upon at Lewistown." Accordingly, an electoral ticket has been formed by the <■<■ enemies of slavery," pledged, as one of the speakers at the meeting observed, " to vote for any one in preference to James Monroe," whom the same philanthropist, in the true spirit of Christian charity, denominated " a perjured traitor, the tool of George IV." It is apprehended, nevertheless, that the anti- slavery ticket has but a slender prospect of success in Pennsyl- vania, a circumstance deeply to be lamented if it be true, as some suppose, that a change of rulers is what " conscience dictates to be done," but no less to be rejoiced at, if, as others suppose, the opposition to the present incumbent has arisen from the artifices of a few needy and desperate politicians, who, " resolved to ruin 78 or to rule the state," make use of philanthropy as a stalking- horse, to effect their unhallowed purposes. NOTE C— Page 10. It is impossible to conceive of any thing more wretchedly im- politic, more opposite to the spirit of our gentle and tolerant re- ligion, and, if it were worth while to regard it in that point of view, when considerations of so much more importance present themselves, I might add, in worse taste, than the system adopted by some of the writers in this quarter of the Union, in relation to the domestic slavery of the south. There was a period of our history in Avhich a far different temper prevailed. The existence of that evil in the southern states was admitted by all, save a few miserable fanatics, to be the misfortune of the southern people, and not fairly attributable to them as a crime; and the necessary allow- ances were made for the consequences resulting from the situation of master and slave. Since the agitation of the Missouri Question, however, and as if it were part of a scheme of policy to render southern statesmen obnoxious, the columns of certain newspapers have been filled with vituperations against the moral and religious character of the " slave holding states." Instances of supposed cruelty and oppression exercised upon the slaves ; intemperate comments upon proceedings, unavoidable while the relations of slavery exist ; sarcastic reflections upon the state of society and manners among the white population of the south ; effusions which can have no other effect than to abuse the public ear in one part of the Union, and to kindle feelings of indignation in the other, are protruded into view. In defiance of the spirit of our constitution, and the dictates of common sense, the mere circum- stance of possessing slaves is presented, by this new inquest of philanthropy, as sufficient to disable a citizen of this community from holding a public office. Now, if the object be to establish a sectional party in opposition to the present incumbents, the means are certainly well chosen. That they will utterly and signally fail of eff'ect, however, I have no manner of doubt. If on the other hand these editors suppose they are advancing the cause of hu- manity, it is only to be lamented that they should have adopted a mode above all others calculated to defeat their purpose. 79 On this subject I would wish to refer the editors of the pa- pers to which I allude, to the pages of Mr. Walsh's triumphtml vindication of this country, in his " Appeal from the Judgments of Great Britain." " It is certainly wretched sophistry," says this able and learned writer, " to argue from single instances of disor- der and vice ; and neither fair nor charitable to display only what is bad, in a mixed system, in which the good may greatly predo- minate."* " Habitual ejaculations of contempt and ill nature have a sure tendency to produce total alienation."! " We do not deny in America, that great abuses and evils accompany our ne- gro slavery. The plurality of the leading men in the southern states are so well aware of its pestilent genius, that they would be glad to see it abolished, if this were feasible, with benefit to the slaves, and without inflicting on the country injury of such magnitude, as no community has ever voluntarily incurred. While a really practicable plan of abolition remains undiscover- ed or undetermined, and while the general conduct of the Ame- ricans is such only as necessarily results from their situation, they are not to be arraigned for this institution, i/", as I have no doubt is the case, it Jiroducess here much less misery and vice than it produces in the other countries which are cursed with it., it furnishes occasion rather for praise than blame.'^\ " Those, advertisements for the recovery of runaways, which are copied into the English Reviews and books of travels, with exclamations of such horror and reproof, as though English newspapers con- tamed nothing to chafe the feelings of humanity and rouse the spirit of freedom, are incident to the existence itself of negro slavery ; and I think I have shown that this is an evil which could neither be avoided nor removed by America. JSl'egrocs cannot be held as property without being subject to alienation. A mort- main would be impracticable, and if it could be established, mis- chievous to all parties. The proclamation of the intention to sell, while it gives effect to the necessary and useful right of aliena- tion, affords the subject of it a better chance of being transferred into good hands. At all events it is an inevitable incident of an in- evitable institution. Slaves who abscond from the master must be reclaimed, or there would be an end to all slavery in the most mis- chievous of all forms of abolition. Without the aid of the public, • Page ix. f Page xlix. * Page 421. 80 the master would be unable to recover the fugitive. And it is to be presumed that the latter is quite as often a delinquent, seeking in- dependence for the sake of licentiousness, or from a refractory dis- position, as a victim escaping the exactions of avarice or the lash of tyranny. Unfortunately the character of the negro race with us, and indeed the character which is produced in all cases of bondage, might warrant a presumption more unfavourable to the slave. His flight is, in a general point of view, a violation of the order of so- ciety, which it is the interest, and abstractedly the duty, of every citizen to repress and correct."* " The American negro slavery is almost wholly free from two of the grievances which character- ize that of the West Indies — under feeding and over working. With regard to the article of food, the American negroes are as- suredly better supplied than the free labourers of most parts of Europe. "t " In defiance of the lessons of history and of the true philosophy of the human mind., the British writers have insisted that freedom must be altogether an empty name in the country where domestic slavery is established. Their doctrine would de- prive Greece and Rome of the distinction upon which the admi- ration of mankind for those republics, has been chiefly built. ":J " All our experience in America, since the revolution, confirms the opinion of the orator, or at least assures us that the citizens of the slave holding states understand (juite as well, and cherish as fondly, the firinciples of refiublicanism, as those of the other members of the Union."^ " The native citizen of the slave holding states, displays specifically as much sensibility, justice, and stead- fastness, in all the domestic and social relations, as the European of whatever country. He is as strongly influenced by the ties of kindred and friendship, as open to the impressions which attemper and refine our nature. He has had a large share in the forma- tion and administration of our institutions and laws ; in all the executive offices, civil and military ; and we have never disco- vered in him any particular proneness to tyranny or inhumani- ty ; a torpid conscience or an imperfect sense of equity. In none of the nobler virtues and qualities has he ever proved deficient in the comparison with the individual born and fashioned among freemen alone."]) • Page 418. f Pai^e 407. t Page 401. § Page 40.3. |l Page 404 81 The view here taken of slavery, and " slave holders," is one which every reasonable man, of whatever country, must adopt, and which, it is consoling to think, is in substance entertained by the great body of the community in the " free states," in spite of the efforts of a few politico-philanthropists, aided by the al- most unavoidable excitement of the IVIissouri Question. The ab- surdity of the proposition that would exclude all the citizens of the southern states from holding the office of chief magistrate, can only be equalled by some of the prejudices that appear to have formerly existed among a portion of the southern people. In the debates of the Virginia convention on the federal consti- tution, one of the speakers said, " We are told of the blue laws of Massachusetts ; — are these to be brought into debate here ? Sir, this puts me in mind of an observation I have heard out of dbors, which was, that because the New Englandmen wore black' stockmgs and plush breeches, there can be no union with them." " Had we this political jealousy in 1776 ? If we had it would have damped our ardour and intrepidity, and prevented that unanimous resistance which enabled us to triumph over our ene- mies. It was not a Virgiiiian^ Carolinian, or Pennsylvanian, but THE GLORIOUS NAME OF AMERICAN, extending from one end of the continent to the other, that was then beloved and confided in. Did we then expect that in case of success we should be armed against one another ?" In the history of ancient Greece, we may find abundant proof, if proof were Avanting, of the dangerous consequences of suffer- ing local jealousies, and sectional questions, to creep into the covmcils of a confederacy. » Many of the Grecian statesmen," says Dr. Hill,* " seem to have been aware of the fatal effects of these intestine wars, and by various means endeavoured to eradi- cate the seeds of discord, and to unite in friendship all who bore the name of Greeks. Nothing could be better calculated to ac- complish this patriotic design than the institution of the Olym- pic games. The exclusion given to all competitors who were not of Grecian extraction ; the common sacrifices offered to the same gods ; the similarity of pursuits, and the participation of the same pleasures ; all these circumstances tended to remind them of their common origin, and to make them view each other • Essays on the Institutions, Sec. of Greece, p. 81. (11) 8^ in the light of allies and of friends. There also, the inhabitants of cliilcrcnt states often became connected with one another, per- ceived the folly of the prejudices which they had entertained against all who were not of the same tribe with themselves, and diffused among their countrymen at home the same liberal sen- timents which they themselves had conceived." The council of the Amphyctions had a similar effect. " Amidst the jealousy and hatred to which mistaken views of interest or ambition often gave rise, its stated and frequent returns continually reminded them of their common origin ; of the similarity of their language, and government, and manners ; of the earnest desire of their an- cestors to join them in amity with one another ; and of the folly of wasting against their brethren that strength which they might need to exert against the many barbarous nations, who envied their superiority, and were ever bent on their destruction.-" " During the early periods of the history of Greece, the council of the Amphyctions seems to have often succeeded in infusing sentiments of mutual friendship into the minds of the Greeks. If schemes of conquest and ambition, or the jealousy of contending states, afterwards rendered all such efforts unavailing, we cannot deny its tendency to form the Greeks into one great confedera- cy ; and have only to lament that the wisest and most salutary institutions are too often unable to counteract the effects of the follies and vices of men." NOTE D— Page 13. The compromise, as is usual with most schemes of conciliation, displeased the violent partisans on each side. Some of the south- ern members thought that too much was given up, when the line •was drawn so far south as 36° 30'; while the ultras of the i-estric- tion, the philanthropists /^«/•« el /lar excellence^ appeared to thuik that there could be no medium hi this case between defeat and victory. It is amusing, if not edifying, to see how near extremes sometimes appruacli. An epithet, originally applied by the great apostle of southern slavery to the members who threw their weight into the scale of compromise after voting in favour of the restric- tion, has been caught by the intemperate politicians and enthusi- asts of the " free states," and, like most other cant expressions, has passed with the unrenecting part of the community on the credit of the utterers, displacing the solid currency of reason and 83 fact. The persecution encountered by these members can hardly be said to reflect much credit on its authors. Charity, which is near akin to philanthropy, might, one would suppose, have sug- gested the reflection that the vote was given from pure motives and a sincere belief that the best interests of the country required it. It is true, that a literal compliance with the request or instruc- tions of public meetings, would have precluded any compromise by which slavery should be tolerated in Missouri : but a member of congress has other and higher guides, in his judgment and conscience. When a clamour, somcAvhat similar to that to which I have alluded, was excited against Washington, on the occasion of the British treaty, that great patriot expressed himself in the following terms : " Next to a conscientious discharge of my public duties, to cai^^y along with me the approbation of my constituents would be the highest gratification of which my mind is suscepti- ble : but the latter being secondary, I cannot make the former yield to it, imless some criterion more infallible than partial (if they are not party) meetings can be discovered as the touchstone of public sentiment. If any person on earth could, or the great Power above would, erect the standard of infallibility in political opinions, no being that inhabits this territorial globe would resort to it with more eagerness than myself, so long as I I'emain a ser- vant of the public : but as I have hitherto found no better guide than upright intentions and close investigation, I shall adhere to them while I keep the watch ; leaving it to those who will come after me to explore new ways, if they like or think them better." Marshall's Life of Washingtoii, Vol. V. p. 635. NOTE E— Page 38. " The removal of considerable numbers of the' slaves from the old slave holding states to the south and south-west, tends mate- rially to increase the relative majority of the whites in those states, and is likely to continue so as greatly to lessen the danger to which they may be held to be exposed. The slaves emigrate cither with their original owners, or with persons of the same or an adjoining state, to whom they are sold, and who piu'chase them for their ov.^n use ; or with the negro traders, as they are called. The greater number go with the two first description of persons to a more fruitful soil, to a climate equally or more favourable to their constitution; altogether they suflcr but little, if at all, by the 84 change of position. They are not in q;eneral committed to a new mastor who is unknown, or who does not possess the best testi- monials as to his views and to the respectability of his character." Walsh's Jfij'ieal, fi. 415. NOTE F— Page 41. " The votes on this question conclusively prove that a large majority in both houses were of opinion that congress holds a constilHtional right to inhibit slavery in the territories of the United States without their original limits; though many, adverse to the restriction on Missouri, may have thought it inexpedient to impose such restriction. The territory north of 36| degrees north latitude is ' for ever' forbidden to be peopled with slaves, except in the state of Missouri: the right, then, to iV:hibit slavery in any of the territories, is clearly and completely acknowledged; and it is conditioned, as to some of them, that even when they become states., slavery shall be ' for ever' prohibited in them. There is no hardship in this: the territories belong to the United States, and the government may rightfully prescribe the terms on which it will dispose of the public lands. This great point was agreed to, in the senate, thirty-three votes to eleven ; and in the house of representatives, by one hundred and thirty-four to forty-two, or really by one hundred and thirty-nine to thirty- seven;* and we trust that it is determined < for ever,' in respect to the countries now subject to the legislation of the general go- vernment. It is true, the compromise is supported only by the letter of a law repealable by the authority which enacted it ; but the circumstances of the case give to this law a moral force equal to that of a positive provision of the constitution ; and we do not hazard any thing by saying, that the constitution exists in its observance." After showing the improbability of any great profits being hereafter made on cotton, rice, or tobacco, the sta- ples chiefly derived from the labour of slaves, Mr. Niles proceeds : " Except for the commodities mentioned, slave labour is not de- sirable in the United States, because it is generally unprofitable. A comparison of Pennsylvania with Virginia certainly shows us • Five members h.iviiig voted in the negative, because ibcy were in favour of an entire reslriction on all the country west of the Mississippi, except in tlie slate of Lou^^iana. 85 that it is the labour of freemen which enriches a country. A far- mer in the former, with three or four hands, lives better and more comfortably, and saves more money, than another in the latter, with four times as many slaves. For the work done in the com- mon business of agriculture, the labour of free persons is by far cheaper than that performed by slaves : there is an intelligence in its details, which the slave is not entrusted with, or, if known to him, that he has no motive to exert. From these facts, I conclude that the demand for slave labour will be exceedingly checked in the United States, and of course the wish to have them, or desire to breed them, be greatly diminished ; and I believe the effect of these things will be, that Kentucky^ Tennessee, and Missoiiriy will before many years follow the lead of Pennsylvania, &c. and cease to be slave holding states, as well from principle as interest. In Kentucky, as I am told by several gentlemen of high standing, there is so strong an opposition to slavery, that the chief slave holders have long feared to call a convention to alter the consti- tution, though much desired, lest measures should be adopted that might lead to a gradual emancipation. Tennessee has not many slaves, and they are but little approved of in that state : if the culture of cotton fails, they will hardly be desired by any as ordinary labourers. They cannot be easily profitable in Missouri, and the influx of a free population may soon forbid the further introduction of slaves." Weekly Register, March 1 1, 1820, NOTE G— Page 63. I must again refer the enemies of compromise, and especially those Avriters in the National Gazette who have professed to pre- fer a dissolution of the Union to a " surrender of principle," and the " renunciation of any immediate political good, rather than to incur a great guilt," to the unanswerable vindication of the conduct of the government and people, in respect to the slavery of the southern states, contained in Mr. Walsh's Appeal, a work which must be considered of far higher authority than the effu- sions of any newspaper. They will there see upon what grounds the plea of expediency has been heretofore admitted into our na- tional councils ; and how far a community may be said to incur any " great guilt," that avoids pushing a " moral principle" through the disastrous consequences that may sometimes ensue. A few extracts from this book may not be out of place here. In 86 retorling upon the British government the charge of holding human bcujgs in bondage, the author cjuotcs a passage of a speech of Mr. W. Grant in the house of commons, which, as it contains much good sense applicable to the present moment, I am induced to place before the reader : " Mr. W. Grant said, he had ever considered that the end of legislation was to do good, and to con- sider justice in our means of doing it. Now, there were some occasions on which it was impossible to do so ; and there the greatest good must be the object, even in violation of strict jus- tice. He would illustrate his meaning by an instance. Let them suppose a case of emancipation. Wherever slavery existed, there necessarily existed oppression, and the continuance of slavery was consequently a continuance of oppression. If he had professed to do justice, and a slave were to ask him how could he account for the use he had in view in making him a slave, if he meant to do justice he should not continue him a slave ? he should answer, that his means were circumscribed, and that it was true fihilan- throjiy to effect the g-reatest good which the nature of the case mould admit. If he forbore to do an act, abstractedly an act of humanity, but which would produce a diftcrcnt consequence, he surely acted rightly: were he to act otherwise, he should not satisfy his conscience, because he should not diminish the misery he wished to relieve." Let us now hear Mr. Walsh : " It was more than a practical moralist could expect or exact, that the southern states, retaining sovereign governments of their own, should trust the federal councils with the determination of such a question as the eman- cipation of their slaves, on which the highest interests of property and safety were immediately dependent."* " The question of the existence of slavery is not, as I have intimated, — could not be — put within the jurisdiction of the present government of the United States. The condition of things assuring, for a long lime, to the part of the country exempt or soon to be exempt from the evil, a numerical majority in the federal legislature, this domestic interest of the southern members of the Union, vital and pre- eminently delicate in its nature, would have been placed at the mercy of men incapable, like the Edinburgh Reviewers, of under- standing it thoroughly; liable to an undue bias, resulting from the • P.ige 386. 87 action of good principles; and who, whatever their general spirit of forbearance, considerateness of character, and warmth of poli- tical friendship, might, from ignorance and tirejudice combined, through a mistaken fiatriotism and philanthropy , or in obedience to a sentimental clamour of their constituents^ seconded by a generous zeal in their own breasts, hastily take a step which would sooner or later involve both master and slave in the south in one common ruin" " The eleven of the American states in which slavery is now abolished, are not implicated in the demerits of the question. To break loose from the confederation^ and thus to risk their own political independence, because the other mem- bers do not perform that which is impracticable, — because these happen without their own fault to be aftlicted with the curse of negro slavery, or to attempt to enforce by arms an abolition^ is what no sa7ie person will consider as incumbent upon them, and what would hardly be advised by England, who neither coerces nor discards the West Indies, and who would not ' give the law' to Spain, Portugal, or France, with respect to the slave trade — infinitely the more detestable crime and destructive evil — when those powers were at her beck."* " But those members of the Union, of which I am now speaking, [the free states] while they have inculcated without reserve, in the national councils, every truth either abstract or practical appertaimng to the question of negro slavery, have not been blind to the just sentiments of their southern associates, who alone are accountable ; nor have they overlooked, though they may not have always fully measured, the difficuhies uiherent in the situation of the latter: they, who have better opportunities of understanding it than the British review- ers, are far from thinking that it <■ affords no apology for the existence of slavery '"\ « The complaints which the British tra- vellers and reviewers have made of the unjust disfranchisement of the free blacks, have no foundation in fact, as regards the eastern states ; nor in sound speculation, in reference to the southern. The disfranchisement which exists in the latter cannot he said to be unjust, if injustice in the business of life be not a mere abstrac- tion, and have any thing to do with the consideration of stlf- prescrvation, and the welfare of the majority "^ * Paje 38r. t P^ge 388. 4 Page 39.). 88 1 will inticly add, as a contrast to the tamper in which some of tlic pai-as^raphs of newspapers cast of the Potomac arc written, the following; passage from an article in the Richmond Enquirer, of October 24, 1820 : " We assure our brethren to the north, that notwithstanding the existence of slavery among us, we are as much devoted to the principles of liberty as they are, and would cheerfully do any thing in our power to blot out fi-om among us a stain, which, while we acknowledge its existence, mc confess ourselves unable to eradi- cate. Point out any plan by which we can accomplish it with certainty as to the result, and justice as to its mode of operation, and wc shall not be backward in giving it the consideration it deserves." lUE tNi». la iV - a &' i VN > .o^^. ■ *^ ,sx* . V.^^* •>■■.', ^ * » , -1 * -?,^ O " o « o ' .0 ^^ * • ( 1 • J V -I %' ./^ •^^ * * "7 I! c » • • ' O - * o .0-' o ° " ° f <^^ A^ ■■>' A o « o . VJ ^, U? o ' o „ o A) ^^ . , . ^;^ ^ s • * '^ O o ' 1^ LIDRAar BINOli INOINQ • I T -^