liitiliW iHHii^ MMk iiill imB 1iil iiiiiilii mm m t fiHtiiiitiiHily >■ ■/* v^ ^^ ^ -^c^. ^* c^ /• .>^- '■'■^' ^^ ' r -'^r^ ■ ■^ ^^ '->. V A- ■V. ^^^^ v<>- "V ' A^^"^' s^^' -/>. v- ,^^- - ..>^ s xO°<. fc o^ - "-' •^ ^ ■ 'S. "' . '"• .0 ^ ''' /* S'^ \\ %■ 4^ .-A ■.V o^ ' « * -^^ ''. 'c- \> ^ ^- ' « A "> v^-^. A' o'" s " * " '>^*^ ,^^ - \^' * K^ \s- lV .0 s^ % .^'^ ■^c^. ^->- V -/ % >... "r/-. .C, ■V -A^^ "-^^ ^^ -''ci .^"^'f -A 7J Ly HISTORY OF MISSOURI COMPROMISE AND SLAVERY IN AMERICAN POLITICS A TRUE HISTORY OF THE MISSOURI COMPROMISE AND ITS REPEAL, AND OF AFRICAN SLAVERY AS A FACTOR IN AMERICAN POLITICS BY MRS. ARCHIBALD DIXON SLCONi> ^DmON CINCINNATI THE ROBERT CLARKE COMPANY 1903 T,l _ ^:3-, -■fV OF CONSK : ss, One COfv H ^eeivED JAN. 1^ 1904 0««»VT»l«HT ENTHY CI A S « I t « t « • '• • « • ■ TO THE TRUTH OF HISTORY AND THE PEOPLE OF THE UNITED STATES OF AMERICA PREFACE. The truth of history, and justice to the Author of the Repeal of the Missouri Compromise, Hon. Archibald Dixon, of Kentucky, alike demand, from one who was in a position to know the facts, a clear statement of the origin, the motives and the circumstances of that Re- peal. The history of the Repeal necessitates that of the Compromise itself. So far as the writer is aware, no historian has ever given, or even attempted to give, any special account of these important measures, although they embrace in their full scope the life of a nation, and cover more than the period of a century. On the contrary, the events, motives and purposes leading up to these Acts have been mostly ignored by our historians, or else much misrepresented, and the many misstatements made have done great injustice not only to the Author of the Re- peal, but also to the Hon. Stephen A. Douglas, who adopted it as his own measure, and embodied it in his Kansas-Nebraska bill, which was passed in 1854, after the greatest Congressional struggle that had as yet been recorded. Only the truth is needed for the vindication of both of these distinguished men as lofty and most sterling patriots. Neither has any writer yet presented sufficient reasons for the extraordinary metamorphoses that took place within that period, in both the Northern and Southern sections of our country. The North, from being an (v) vi Preface. early advocate of secession and disunion, becoming most devoted to the Union — whilst the South, from being for years most devO'vfcd to the Unloii, became afterwards an advocate of secession ; not only in theory, but in prac- tLce, giving her best blood to carry it mvo eiiect, and forsaking that Union, which she had done so much to form, and for which she had fought in 1812, when New England refused to do so. It is true also, that the majority of the Southern States desired to stop the slave trade in 1787 — and that the Northern States entered into a combination with a minority of the Southern States to prevent its prohibi- tion by Congress for a period of twenty years — even putting this provision into the Federal Constitution itself. Yet afterwards, we find the North in favor of freeing the slaves of the South, many of whom had been brought into the country under this very provision ; and the South, from having regarded slavery as a most dangerous element, afterwards defending it as the very bulwark of liberty itself. In the events and causes leading up to the Missouri Compromise and its Repeal, we find the only solution of the enigma of these singu- lar and phenomenal transformations. In relating these events, my object has been, not to justify, nor yet to criminate, either the Northern, or the Southern, section of our country ; but simply to repre- sent facts and feelings as they actually existed ; to show the utterly irreconcilable differences between the sec- tions upon the one subject of slavery and the absolute necessity for the establishment of that great principle of non-intervention by Congress with the domestic regula- tions of the States, which alone could have preserved peace between the sections, left the Constitution invio- Preface. vii late, and presented the dread accession of tliose V-win evils, secession and coercion ; which principle was as- serted to be the only correct one in the Congressional legislation of 1850, and was reasserted and established, in 1854, by the Repeal, by Congress, of the Missouri Compromise Act of 1820. This work is designed to state the facts connected w^ith those two great measures fully, clearly, truthfully and without fear or favor. It has been written under many disadvantages, such as illness, family cares and sorrows, and at long intervals of time ; the study of the subject having been begun in 1877, one year after the death of Hon. Archibald Dixon, of Kentucky, Author of the Re- peal of the Missouri Compromise, and the beloved hus- band of the writer. I will state that in writing this history, I wrote as I read, and from first impressions, sometimes finding them mistaken and subject to correction : but much oftener finding them confirmed and strengthened the more I read, and the more deeply I went into the subject. In 1893, the partially completed manuscript, with my entire library, was destroyed by fire, and the task of re- writing it seemed an impossibility. But owing to the kindness of friends in lending books and procuring data, I have been enabled to carry out my purpose, however imperfectly it may have been done. And I wish now to thank them for their assistance : more especially. Col. Henry Powell, of Henderson, Kentucky, who furnished me with the Congressional Records and Annals of Congress, belonging to his late honored father. Senator Lazarus W. Pow^ell, without which I should have been unable to proceed at all ; Hon. Robert L. Wilson, of Cape Girardeau, Mo., who procured forme viii Preface. duplicates of valuable papers lost ia the burning of my residence; Hon. Wm. Wirt Henry, of Richmond, Va., through whose kindness I obtained the Act of Virginia, of 1788, found in the Appendix ; the Rev. R. M. Hayes, who sent me the data of the Methodist Conference of 1849 ; Vice-President Stevenson and the late Hon. Daniel Voorhees, to whose courtesy I was indebted for the permission of the Senate to have a copy made of Mr. Dixon's motion for the Repeal of the Act of 1820, made January 16, 1854 ; Justice John M. Harlan, who sent me some volumes from Washington City that were indispensable ; Hon. Micajah Woods, of Charlottesville, Va., for autograph letter of Mr. Clay, hitherto unpub- lished ; also Hon. Geo. Yeaman, of New York, Hon. Wm. Wirt Henry, Hon. John W. Lockett and Major John J. Reeve, of Henderson, Ky., who were most kindly critics, and offered suggestions of the greatest value. It has been with me not only a labor of love, but of the deepest interest in the subject which so broadened and deepened with the study of it as to include far more than one set of men or measures. Should the following pages succeed in establishing the simple truth of history, which is far more valuable than rounded periods or high-sounding phrases, such success will be a sufficient reward for all the time and labor ex- pended on them, and the Author's aim will have been accomplished. Susan Bullitt Dixon. CONTENTS. CHAPTER I. Slavery under the Constitution — Slaves first brought to the Western Hemisphere by Spain — American Colonies all owned slaves — Patrick Henry bitterly opposed to slavery — Three-fifths rep- reseiitation — Fugitive slave law — Continuance of the slave uade under the Constitution for a period of twenty years — General Washington's account of the "bargain" by which this was effected, and the "two-thirds vote" measure defeated — Mr. Madison's record of the proceedings — All of the Southern States but two opposed to the bai-gain .....:.,.. 1 CHAPTER II. Ordinance of 1787, by which slavery was prohibited in the North- western Territory ceded by Virginia to the United States — Virginia's assent to the ordinance — Her motives — Explanation of inconsistency in the prohibition of slavery by the Congress of 1787 and the continuance of the slave trade by the Constitu- tional Convention of 1787 — Louisiana purchased — Treaty of purchase protects all rights of inhabitants — Sectional jealousies — Letters of Adams and Jefferson — Great Britain's plot to pro- cure the secession of New England, the moving cause of the war of 1812— The Missouri difficulty begins in 1819— Mr. Clay, Speaker of the House, casts the deciding vote against territorial restriction in Arkansas 23 CHAPTER III. 1819-'20— Act of 1820, commonly called "The Missouri Compro- mise," — Prohibition of slavery north of 36° 30^ offered by Mr. Thomas, of Illinois, as an ofTset to the admission of Missouri with her slave property into the Union — Intense excitement over the whole country — Proposition accepted as the only way to prevent disruption of the Union — Half of the Southern (and most distinguished) members of the House vote against it as being unconstitutional and unjust , 54 (ix) Contents. CHAPTER IV. 1821— Missouri not permitted to enter the Union under the Act of 1820— Rejected by the Northern majority on a mere pretext — Disunion again strongly threatened— Business interests com- pletely prostrated — Conditions most alarming — Missouri at last admitted under a new act proposed by Mr. Clay 91 CHAPTER V. 1836 — Abolition Agitation of 1836 — John Quincy Adams 125 CHAPTER VI. 1S38 — Mr. Calhoun's Resolutions — Sustained by Franklin Pierce, Senator from New Hampshire — Mr. Pierce's speech. .. = ,.,.... 138 CHAPTER VII. 1840-'44— Congress adopts "21st Rule "—Petition to dissolve the Union presented by John Quincy Adams — Annexation of Texas a Jacksonian measure — Defeat of Henry Clay for the Presidency 154 CHAPTER VIII. Archibald Dixon (author of The Repeal of the Missouri Compro- mise) — His early life and character 166 CHAPTER IX. 1845-1849— Texas admitted to the Union— Origin of the war with Mexico — Gen. Taylor elected President in 1848— Victorious Whig Party and Administration face the momentous question of division of territory acquired from Mexico — Wilmot Proviso — Clayton Compromise — Oregon — Boundaries of Texas, New Mexico, and California — Mr. Calhoun's Southern Address 175 CHAPTER X. 1849— Mr. Clay's Emancipation Letter, February, 1849— Decadence of the "Whig Party in Kentucky — Archibald Dixon opposes emancipation in the Constitutional Convention of the State — It is defeated in the new Constitution 200 Contents. xi CHAPTER XI. ] 850— "Compromise of 1850," so-called— President Taylor's posi- tion—Democratic Speaker elected— Extract from speech of Mr. Clemens— Mr. Seward's Abolitionism— Southern sentiment as to Abolition and Secession — Mr. Clay's Resolutions — Extracts from his speeches — He denies the authorshio of the line of 36° 30^, known as the Missouri Compromise line — At the close of his great speech of February 6th, advocating Union, Mr. Hale presents a petition to dissolve the Union 225 CHAPTER XII. 1850 — Bell's Resolutions — Foote's Committee of Thirteen— Extract from Mr. Calhoun's last Speech — From Mr. Webster's Eloquent and Celebrated Speech of March 7th — Cass — Douglas — Foote — Mr. Calhoun's Death 282 CHAPTER XIII. 1850 — Petition to arm slaves presented by Mr. Seward — Rejected by Senate— Identity of position of Clay and Douglas on Non- intervention — Douglas author of the bills known as the " Com- promise of 1850," advocated by Mr. Clay, and commonly at- tributed to him — Mr. Clay's arraignment of the President — Mr. Bell's defense of him — Death of President Taylor 312 CHAPTER XIV. 1850 — Mr. Clay on Abolition, Disunion, Secession and Non-Inter- vention — California admitted — Utah and New Mexico given Territorial Governments — Texas Boundary Bill passed — Also Fugitive Slave Law — Abolition of Slave Trade in District of Columbia — Seward proposes amendment — Defeated — Clay, Benton, Winthrop, Douglas and others 348 CHAPTER XV. 1851-'52 — Division and defeat of the Whig Party in Kentucky in 1851 — Archibald Dixon elected Senator, December 30th, vice Henry Clay, resigned — Division and disintegration of the Na- tional Whig Party in 1852— Death of Henry Clay 386 xii Contents. CHAPTER XVI. 1852 — The principle of Non-intervention indorsed in Pierce's elec- tion to the Presidency — Archibald Dixon takes hie seat in the Senate — Death of Webster — Attempt to organize the Nebraska Territory 417 CHAPTER XVII. 1853-'54 — Repeal of the Missouri Compromise — Offered by Archi- bald Dixon, and accepted by Stephen A. Douglas and the Democratic party — Embodied in the Kansas-Nebraska bill 430 CHAPTER XVIII. 1854 — President Pierce's position — Letter from Hon. Jefferson Davia — Free Soilers' Address — Speech by Douglas 455 CHAPTER XIX. 1854 — Chase's amendment — He attacks President Pierce and Mr. Douglas in his speech — Extracts from speeches of Hon, Archi- bald Dixon, Gov. Jones (of Tennessee), Hon. Ben. Wade (of Ohio), and Hon. Wm. H. Seward (of New York) 487 CHAPTER XX. 1854 — The Repeal under consideration — Mr. Badger (of North Caro- lina) makes a statement to the Senate — Dixon and Chase — Debate of March 2d and 3d — Mr. Badger's amendment — Douglas' great speech — Kansas-Nebraska bill finally passed. May 25th — Was signed by President Pierce, May 30th 512 CHAPTER XXI. After the Repeal — Historical mistakes in regard to it — Mr. Seward's alleged misstatement as to its origin and purpose — Hon. Montgomery Blair's letter to Mr. Secretary Welles — Henry C. Whitney's version — Letters from Hon. Robert L. Wilson and Thos. E. McCreery — Mr. Dixon's letter to the St. Louis Republi- can denying Mr. Seward's statement contained in the Blair letter — Major Whitney's version shown to be incorrect and altogether illogical — Letter from Hon. John C. Bullitt 585 / THE TRUE HISTORY OF THE MISSOURI COMPROMISE AND ITS REPEAL. CHAPTER I. Slavery under the Constitution — Slaves first brought to the Western Hemisphere by Spain — American Colonies all owned slaves — Pat- rick Henry bitterly opposed to slavery — Three-fifths representa- tion — Fugitive slave law — Continuance of the slave trade under the Constitution for a period of twenty years — General Washing- ton's account of the " bargain " by which this was efiected, and the " two-thirds vote " measure defeated — Mr. Madison's record of the proceedings — All of the Southern States but two opposed to the bargain. The Act of 1820, known as the Missouri Compromise, was the first surrender of the great vital principle of political equality between the States of the American Union, and the first authorized demarkation of a sec- tional line between them ; this line was drawn by Con- gress itself, was its first interference w^ith the rights of the people of the States in the Territories of the United States, and was an exercise by Congress of powers not delegated to that body under the Constitution. The Repeal of that Act (or, rather, a portion of it) , in 1854, meant a restoration of that lost equality, the elimination of that line and of sectionalism ; the resto- ration to the people of their just rights, and the annul- ment of that arbitrary exercise of power ; and was dic- tated by the loftiest patriotism and the purest love of countTj. (1) 2 The True History of The liistory of the Missouri Compromise includes the cause of the late war between the States. That cause was slavery. Darkly and in bold relief it stands out in the records of the past hundred years as the point whence all sec- tional animosities arose, and upon which all sectional jealousies and hatreds were concentred. This Gordian Knot of the nineteenth century could, per- haps, only have been cut, as it was, by the sword, for sev- eral reasons : in the first place, the South never saw the day when she would have surrendered her property to force without a fight, and the Northern people were never willing for the government to pay the South for her slaves in order to their deportation and freedom — every proposition to that effect being rejected by the Northern majority in Congress, even though made by Northern members. It was, moreover, a question of land, for which the Anglo-Saxon race vjill ahvays fight. The South wanted the territory from which she had been unjustly excluded by act of Congress, as a place of exodus for her surplus blacks, whose increase was daily becom- ing more and more a burden ; whilst the North wanted the fertile fields of the South, from which her people were excluded by the existence of slave labor as effectu- ally as though by act of Congress, for the maintenance of her surplus white population which was increasing every year by the thousands, owing to foreign emigra- tion. And last, but not least, the political equality of the States became a point of honor with the South, as well as a means of self-preservation, for which her peo- ple preferred to fight, even if they lost, rather than to surrender it tamely and without a struggle. Some very distinguished and able men have expressed the belief that, as Alexander Stephens said, "slavery was only an incident of the war," and not the cause of it. But this appears to the writer to be a mistaken view. It would seem, on the contrary, that slavery had hitherto been the only question of difference between the States / / The Missouri Compromise and its Repeal. 3 that could have brought on the war — as it is the only one that involved the rights of property, the possession of territory, the principle of the equal rights of the States, and was sectional in its character, dividing the nation into two separate geographical divisions. Slavery was not a matter of choice with the American people. Bequeathed to them in their infancy, it cast its shadow upon their very cradle. Had King George III., in the plentitude of his power, desired, like some wicked Fairy of old, to curse with a fatal gift the fair child of Liberty, he could have chosen nothing more sure, more deadly, than this. To appreciate properly the repeal of the Missouri Compromise, the Compromise itself and the relation of its subject. Slavery, to the Constitution of the United States must first be understood. The colonies had all owned slaves. An almost imme- morial custom, it was not then viewed with the abhor- rence which has since become its portion. But the sen- timent of their best people was decidedly against it, and protest after protest, especially from Virginia, against the further introduction of slaves went up to his majesty of England, but in vain ; for King George derived a handsome revenue from the products of slave labor, and moreover regarded slavery as an element of weak- ness calculated to keep the Colonies in subjection to his rule. The early colonists, more especially in Massachu- setts, had attempted to make slaves of the Indians ; but found them entirely imsuited to their purposes, being irreclaimably opposed to either work or submission. It was at the suggestion, in about the year 1517, of a kind and well-meaning Catholic priest, Bartholomew Las Casas, that the regular commerce in African ne- groes began. He was engaged in the work of con- verting the Indians of the Spanish colonies in the West Indies, many of whom had been forced into a state of slavery by their Spanish captors, and compelled to labor \ 4 The True History of in the mines of Cuba, and Hispaniola (or St. Domingo) } In pity for them and to ameliorate their sufferings, he proposed that the negroes from Africa be substituted for the Indians whose souls he was trying to save. (The souls of the negroes appear to have been a secondary consideration with the good priest.) The negroes stood captivity and slavery so much better than the Indians, who rapidly pined away and died under those condi- ' " The impossibility of carrying on any improvement in America, un- less the Spanish planters could command the labor of the natives, was an insuperable objection to his plan of treating them as free subjects. In order to provide some remedy for this, -without vehich he found it was in vain to mention his scheme, Las Casas proposed to purchase a sufficient number of negroes from the Portuguese settlements on the coast of Africa, and to transport them to America, in order that they might be employed as slaves in working the mines and cultivating the ground. One of the first advantages which the Portuguese had derived from their discoveries in Africa, arose from the trade in slaves. Various circumstances concurred in reviving this odious commerce, which had been long abolished in Europe, and which is no less repugnant to the feelings of humanity, than to the principles of religion. As early as the year one thousand five hundred and three, a few negro slaves had been sent into the New World. In the year one thousand five hundred and eleven, Ferdinand permitted the importation of them in greater numbers. They were found to be a more robust and hardy race than the natives of America. They were more capable of enduring fatigue, more patient under servitude, and the labor of one negro was computed to be equal to that of four Indians. Cardinal Ximenes, however, when solicited to encourage this commerce, peremptorily rejected the propo- sition, because he perceived the iniquity of reducing one race of men to slavery, while he was consulting about the means of restoring liberty to another. But Las Casas from the inconsistency natural to men who hurry with lieadlong impetuosity toward a favorite point, was incapable of making this distinction. While he contended earnestly for the lib- erty of the people born in one quarter of the globe, he labored to enslave the inhabitants of another region ; and in the warmth of his zeal to save the Americans from the yoke, pronounced it to be lawful and ex- pedient to impose one still heavier upon the Africans. Unfortunately for the latter. Las Casas's plan was adopted. Charles granted a patent to one of his Flemish favorites, containing an exclusive right of import- ing four thousand negroes into America. The favorite sold his patent to some Genoese merchants for twenty-five thousand ducats, and they were the first who brought into a regular form that commerce for slaves between Africa and America, which has since been carried on to such an amazing extent." — (Wm. Kobertson, History of America, Vol. 1, page 310-12.) The Missouri Compromise and its Repeal. tions, and were besides so much more docile and sub- missive than the Indians, that they were brought over in large numbers, first to the West Indies and Spanish Colonies of South America, and then to the North American Colonies ; to the Northern or Eastern as well as the Middle and Southern Colonies. But the negroes, from their lack of acclimation probably, proved to be very worthless laborers in the colder regions of the North, and the greater part of them gradually drifted to the more Southern Colonies where the climate ^ was better suited to them. "With the dawning of intellectual and religious freedom ^ And now, after all the years, taking a purely philosophical \'iew of the question, is it not possible that climatic differences may have been really responsible for the war between the states? They evidently had primarily a vast influence in creating the differ- ence in institutions between the North and South. Fundamentally, slavery was the result of greed and selfishness. There is certainly noth- ing to indicate that human selfishness was more lacking in the North than in the South, and there was necessarily a stronger reason than any moral one which made a sectional line of demarkation between slave and free territory. Had climatic influences been the same, had the slaves whom the Northern States so largely assisted to import from Africa, regardless of the question of morality, proved as profitable an investment in those states as they were in the South, is it not at least probable that slavery would have been universal in our country ? Would not the Northern people have felt that employment of the African savage in labor of a kind which no white man could stand, but for which his constitution and previous climatic surroundings peculiarly fitted him, was entirely justifiable on the ground of necessity? Would they not have believed that the civilization of American slavery was really pre- ferable for this savage over the slavery of benighted barbarism and can- nibalism in which he dwelt? Would they not have claimed his civili- zation and Christianization as high moral and religious results of his subjugation and deportation from his native land? That they did not receive the same revenue from slave labor in the North as in the South, is probably the genuine reason, as the economic one, for its re- jection by them. That the failure of the negro as a source of revenue to his Northern master was due to his lack of acclimatization, was ren- dered very apparent by the contrast between the just-arrived Dahomey negroes who sat shivering in midsummer at the World's Fair in Chicago, 1893, and the acclimatized American negro who has been spreading him- self throughout the North so regardless of climate that he may in time be expected to perhaps rout the Esquimaux from the North Pole, and chase the polar bear from the frozen seas of the Artie regions. 6 The True History of upon the world had also, however, arisen the idea that personal slavery was wrong ; that the enslavement of one man by another, for his own benefit, was an in- fringement of the rights of man ; but, like all new ideas, this opinion was held mainly by the advanced thinkers of the day, and had scarcely yet permeated the masses. Whilst the struggle for Independence from Great Britain was coming on, the feeling against African slavery was growing too, in the American Colonies, and nowhere was this feeling stronger than in Virginia among all the better classes of people. In a letter written by Patrick Henry to a correspond- ent who sent him Anthony Benezet's book against the slave trade, after expressing his "wonder that this abominable practice has been introduced in the most enlightened ages," he says : "Would any one believe I am the master of slaves of my own purchase ! I am drawn along by the general inconvenience of living here without them. I will not, I can not justify it ... I believe a time will come when an opportunity will be offered to abolish this lamentable evil. Every thing we can do is to improve it if it happens in our day ; if not, let us transmit to our descendants, together with our slaves, a pity for their unhappy lot and an abhorrence of slavery. . . . I could say many things on this subject, a serious view of which gives a gloomy perspective to future times." This letter was written in 1773 (see Vol. 1, p. 152, Wm. Wirt Henry's Life of Patrick Henry) , and in 1774, in an address of the "Freeholders of Hanover County" to Patrick Henry and John Syme, their dele- gates to the Virginia Convention which met August 1st at Williamsburgh to appoint her delegates to the first Continental Congress, we find the following as a part of their instructions : "The African trade for slaves we consider as most dangerous to the virtue and welfare of this country ; we The Missouri Compromise and its Repeal. 7 therefore most earnestly wish to see it totally dis- couraged." (Idem, p. 193.) But the negro, -with all his indolent, shiftless ways — though so unprofitable in the cold climate of the North as to be not only not a success there as a pecuniary in- vestment, but, instead, an incubus on society — yet, when transferred to the warmer climate of the South, had become a useful laborer and a valuable member of the community. The exports from the Southern Colo- nies had made them far more wealthy than were the Northern, and these exports were the products of slave labor. ^ So that however opposed the Southern Colonists might be to slavery in sentiment, their interests were all bound up in this labor which had opened their forests and drained their swamps, which had found health where the Anglo-Saxon would have found only a grave, and which had become, from a race of most ignorant barbarians, under the teachings and control of their* American masters, contented, useful, and happy as any laboring class in the world. The interests of the Northern Colonists meantime were entirely divorced from slave labor ; they were turn- ing their attention to fisheries, to commerce, to naviga- tion, and whatever promised them some increase of their wealth. Among other articles of commerce, they carried on a considerable trade in African slaves, for whom they found a ready market in the South, whose fertile lands were not yet by any means all opened up to cultivation. With such diverse interests, with such totally differ- ent systems of labor and habits of life, it is not won- derful that it was a difficult thing for these Colonies to form a Union ; and they probably would never have done so, but for the strong outside pressure from Great Britain which impelled them to unite for self-protection. With their very birth then as Confederated States, there ' They also owned three times as much territory previous to Vir- ginia's cession of the North-western Territory. — The Autuok. 8 The True History of arose between them that mighty conflict of interest and opinion which less than a century later culminated in the greatest Civil War the world has ever known. It is a matter of interest to mark, and of philosophy to note, that this giant contest grew, as most contests do, out of the ever-recurring, never-to-be-settled, ques- tion of dollars and cents. After the independence of the Colonies had been de- clared, in 1776, the next step was to maintain it. Taxes were apportioned to the States for this purpose, based on the value of their lands, instead of the numbers of their inhabitants, as at first proposed, because of the impossi- bility of getting the Eastern (or Northern) and Southern States to agree as to the relative value of the slaves as inhabitants — the South contending that ' ' they ought not to be taxed equally with the white laborers of the North for two reasons. A white man would do three times as much work as a negro, so one white man ought to count for as much as three negroes ; and further, it would be manifestly unjust to tax the Soutli for her negroes when they were property" — "you had as well include the cattle of the Northern farmer as the negroes of the Southern planter — ^you would be taxing the South doubly, on her numbers and on her wealth conjointly." * The Northern men, on the other hand, claiming that "your laborers are inhabitants, be they slaves or free- men, and add equally to the w^ealth of the country, and should therefore be equally included in any rule of tax- ation." ^ Owing to this irreconcilable difference of opinion it was then decided to make the value of the lands the basis of the taxes ; but in 1783, finding these values so fluctuating and uncertain as to be very unsatisfactory, Congress determined to base the taxes on the numbers of inhabitants, as being the only available plan. Again, all the arguments were gone over, pro and con; when ' See Mr. Madison's papers. — Notes of the Convention. ' Idem. The Missouri Compromise and its Repeal. 9 finally, Mr, Madison proposed, as a compromise, that, in the census which should be taken to determine the number of inhabitants for taxation, five negroes should be counted as three white men. This proposition passed, and when, in 1787, the representation of the States in Congress was under consideration by the Constitutional Convention, it was agreed to adopt this rule of taxation, as also the rule of representation,^ it being alleged as the reason for it that a people should be represented in pro- portion as they are taxed, and vice versa. In the course of these debates, it came out very strongly that when the negro was to be taxed the North rated him very highly, and the South very low ; but when he was to be represented, it was the South that valued him at a very high rate, and the North correspondingly low. The vice versa aspect of diff'erence in opinion on these points is almost amusing to the reader of the discussions which are recorded in Mr. Madison's Notes of the Con- vention. This three-fifths representation of the slaves of the South in Congress was the cause of much jealousy and antagonism on the part of the North for many years — her freemen deeply resenting even the partial equality of a race so inferior and degraded as the blacks of the South ; and being jealous, also, of the superior race who received, as they imagined, the benefit of the representa- tion of their slaves. This jealousy and sensitiveness were aroused whenever the question was brought up in any shape or form, and, at the time of the formation of the Constitution, came very near preventing altogether the Union of the States ; as the Southern States refused absolutely to unite with the Northern unless they should receive the benefit of some representation for their slaves, when they were taxed for them as part of their population — and would only agree to enter the Union with the further condition that their slave property ^ Madison's Notes. 10 The True History of should be protected by law from any aggressions of their neighbor States. Whilst some of the Northern men de- Glared "it was monstrous that the citizen of Georgia, who would go to the coast of Guinea and import the wretched Africans, reducing them to a state of slavery, should have more votes in a government instituted for protection of the freedom of mankind than the freeman of the Northern States, who scorned to so violate the riglits of human nature ; and moreover that it was un- fair to bring these savages into the country, and then expect the North, in case of insurrection among them, to rush to arms in defense of the South. "^ The Southern men retorted that "they would never ask the North to defend them against their own slaves, as they felt amply able to take care of themselves without any assistance. That this was not a question of morality — nor did they acknowledge the right of the Northern States to dictate to them as to morals — ^but the only question at issue was, should the States unite? That interest was the governing principle with nations, and all they had to decide was whether it was for their mutual interest to form a Union." ^ The young Republic had been singularly surrounded by difficulties from the beginning of her existence. There were foreign foes whom she must keep off, and the foreign powers of the world whose respect she must command ; there were the Indians on her borders, whom she must conquer or conciliate ; and Tories in her midst whom she must watch and guard against ; there were dissensions and jealousies among the States themselves — the larger States considering themselves entitled to more power than the small States, and the small States fearful lest the larger ones might claim out to the Mississippi or "down to the South Sea," as the Pacific Ocean was then called. The East had her fisheries and her commerce, the South had her slaves, and the West her great Missis- ^ Gouverneur Morris (of Pa.) ^ Mr. Rutledge (of S. C.) The Missouri Compromise and its Repeal. 11 sippi River, as perpetual subjects of discord between the different sections. Each State too was sovereign in character, and it was a difficult thing for them to deter- mine to lay down any of their sovereign powers. They preferred to make their own treaties, and collect their own revenue, and rejected every proposal of Congress looking to collection of revenue by the Confederated Government. The war debt was unpaid, and there was no power to enforce any contributions from the several States. With no money in the Treasury, and no means to provide for its support, it was evident that the Government must collapse speedily. The best men of the country were therefore selected to hold a Convention, and it was un- der the sternest pressure of necessity from without and within that our present Union was agreed upon ; the defiant pride of state-powers and the haughty independ- ence of State-sovereignties yielding only to the inevita- ble, and hedging themselves about with every protection to those powers and sovereignties that might be con- sistent with the general good, and with the requirements of a defined and regulated general government. The history of the Constitution is so well known, it is not necessary to repeat it here. But there is one part of the history of slavery under the Constitution that is not so well known as it should be, and that is, that the con- tinuance of the slave trade for twenty years, or until the year 1808, was due to a bargain made between the three New England States, viz., Massachusetts, New Hamp- shire, and Connecticut, on the one side, and South Carolina and Georgia on the other, in utter contraven- tion of the views of the other Southern States. Hear Gen. Washington's statement of it as reported by Mr, Jefferson in his "Anas," in which is given the purport of a conversation with Gen. Washington, Sept. 30, 1792, when he tells Mr. Jefferson: "The Constitu- tion, agreed to till a fortnight before the Convention rose, was such a one as he would have set his hand and 12 The True History of heart to. 1st. The President was to be elected for seven years. 2d. Rotation in the Senate. 3d. A vote of two- thirds in the legislature on particular subjects, and ex- pressly on that of navigation. "The three New England States were constantly with us in all questions (Rhode Island not there, and New York seldom) , so that it was these three States, with the five Southern ones, against Pennsylvania, New Jer- sey, and Delaware. "With respect to the importation of slaves, it was left to Congress. This disturbed the two southernmost States, who knew that Congress would immediately suppress the importation of slaves. These two States, therefore, struck up a bargain with the three New England States. "If they would join to admit slaves for some years, the southernmost States would join in changing the clause which required two-thirds of the legislature in any vote. It was done. "These articles were changed accordingly, and from that moment the two southernmost States, and these three northern ones, joined Pennsylvania, New Jersey, and Delaware, and made the majority eight to three against us, instead of eight to three for us, as it had been through the whole Convention. "Under this coalition, the great principles of the Con- stitution were changed in the last days of the Conven- tion."* The above is fully borne out by Mr. Madison's record of the votes and proceedings of the Convention. He says, that on August 25th: "The Report of the Committee of eleven (see Friday the twenty-fourth) , being taken up, General Pinckney,^ moved to strike out the words, 'the year eighteen hundred,' as the year limiting the importation of slaves ; and to insert the words, 'eighteen hundred and eight.' " ' Jefferson's Works, Ninth Vol., " The Anas." = Of South Carolina. The Missouri Coinpromise and its Repeal. 13 "Mr Gorlian^ seconded the motion. "Mr. Madison.^ Twenty years will produce all the mischief that can be apprehended from the liberty to import slaves. So long a term will be more dishonor- able to the American character, than to say nothing about it in the Constitution. "On the motion, which passed in the affirmative — New Hampshire, Massachusetts, Connecticut, North Carolina, South Carolina, Georgia, aye — 6 f New Jersey, Pennsylvania, Delaware, Virginia, no — 4."* On the 29th day of August, we find — "Article 7, Sec- tion 6,^ by the Committee of eleven" reported to be struck out (see the twenty-fourth instant) , being now taken up — "Mr. Pinckney' moved to postpone the Report in favor of the following proposition : 'That no act of the Legislature for the f)urpose of regulating the commerce of the United States with foreign powers, among the several States, shall be passed without the assent of two- thirds of the members of each House' " "Mr. Martin^ seconded the motion. "Gen. Pinckney said it was the true interest of the Southern States to have no regulation of commerce, but considering the loss brought on the commerce of the Eastern States by the Revolution, their liberal conduct toward the views ^ of South Carolina, and the interest the weak Southern States had in being united with the strong Eastern States, he thought it proper that no fetters should be imposed on the power of making com- ^ Of Massachusetts. ^ Of Virginia. ' In the Madison Papers, this is " 7," a misprint of course. * Madison's Papers,Vol. 1, p. 1427. * As to a navigation act. ® One member from each State. '' Of South Carolina also. * Luther Martin, of Maryland. ^ " He meant the permission to import slaves. An understanding on the two subjects of navigation and slavery, had taken place between those parts of the Union, which explains the vote on the motion depending, as well as the language of Gen. Pinckney and others." — (Madison's Papers, Vol. 3, pp. 1450-1451.) 14 The Trne History of mercial regulations, and that Ms constituents, though prejudiced against the Eastern States, would be recon- ciled to this liberality. He had himself, he said, pre- judices against the Eastern States, before he came here, but would acknowledge that he had found them as liberal and candid as any men whatever." The debate continued, showing great diversity of opinion among members, even from the same States. Finally — "On the question to postpone, in order to take up Mr. Pinckney's motion — "Maryland, Virginia, North Carolina, Georgia, aye — 4 ; New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, South Carolina, no — 7. "The Report of the Committee for striking out Section 6, requiring two-thirds of each House to pass a naviga- tion act, was then agreed to, nem. con.''^^ It will be seen from the above votes that whilst North Carolina had voted with South Carolina and Georgia on the question of the importation of slaves until 1808, yet Maryland and North Carolina, and even Georgia (who seems to have repented at the last moment) , now voted with Virginia to postpone the whole report, in order to take up Mr. Pinckney's motion. Which motion meant defeat of the entire Report ; for if he had carried his proposition in favor of the two-thirds vote, it would have been equivalent to the defeat of the clause per- mitting the slave trade. As the Eastern States would never have voted for the Report had it contained the two-thirds clause. And the great mistake and misfort- une of the continuance of the slave trade would have been avoided. But whilst Pennsylvania, New Jersey and Delaware had voted with Virginia against the im- portation of slaves, yet, on the question to postpone the Report in order to take up Mr. Pinckney's motion in favor of the two-thirds vote, Pennsylvania, New ' Madison's Papers, Vol. 3, p. 1456. The Missouri Compromise and its Repeal. 15 Jersey and Delaware joined the three New England States and South Carolina, as against Virginia, Mary- land, North Carolina and Georgia ; thus defeating every effort of those men who were opposed to the consumma- tion of this bargain in the interest of greed on both sides. And so was passed that famous (or infamous?) clause in the Constitution, by which it was declared that "the migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by Congress, prior to the year 1808." New England was especially interested in navigation, and for the sake of gaining some commercial advan- tages for herself (in which she was sustained by Penn- sylvania, New Jersey, and Delaware) , she joined hands with South Carolina and Georgia in fastening upon the country for twenty years that fatal institution of slavery, which grew, from a few wretched captives in Boston and on the James River, to such colossal proportions, and became so interwoven with the interests, the affec- tions, and the prejudices of a great portion of the Amer- ican people, as to make it a difficult and dangerous question for any man to handle, and almost impossible to get rid of. The fugitive slave law, by which, "If any person bound to service or labor in any of the United States, shall escape to another State, he or she shall not be dis- charged from such service, or labor, in consequence of any regulation subsisting in the State to which he may escape, but shall be delivered up to the person justly claiming their services or labor," was first made a part of the 6th Article of the Ordinance of 1787 for the gov- ernment of the North-western Territory, which had been ceded by Virginia to the United States : and by which slavery was forever prohibited in all of that great Territory north of the Ohio and east of the Mississippi River. This "fugitive slave law," as it was called, was a 16 The True History of montli later, with some changes of verbiage, incorpor- ated into the Constitution, There can not be a doubt that the prohibition, by the old Congress, of slavery in the Territory, was the con- sideration granted to the North for the three-fifths rep- resentation and this law for the recovery of slaves ; although it was considered then by some of the most superior minds that Congress had not the right under the Articles of Confederation to make such prohibition. All of these arrangements were most distinctly quid pro q\LO in their nature. The three-fifths representation and tlie fugitive slave law, given in exchange for the prohibition of slavery in the North-west Territory, and the continuation of the slave t^^ade in exchange for the defeat of the two-thirds vote were politely termed "Compromises of the Constitution," and Gen. Washing- ton's word "bargain" was entirely dropped and lost out of memory. They were afterward denounced by the Abolition leaders of New England as "a league with Hell and covenant with the Devil," though made by their own people.^ But between these so-called compromises of the Consti- tution, there was a vast difference, not perhaps ap- preciable on a casual view. * Since the war between the States, some secessionists also have de- nounced the men who made the Constitution, in that " they did not settle the question of secession then — because they left it an open ques- tion." When a man builds a house for himself and his posterity, he puts the stones together with care, and cements them as strongly as possible ; but no precaution he may take can prevent his descendants from pull- ing those stones apart and tearing down that house. Only their own good sense and judgment can be relied on to preserve it. So with our Constitution. The men who made it were endeavoring to form a Union, and found great difficulty in doing it. On posterity depended the preservation of both Union and Constitution. But the idea of secession iras distinctly rejected when one of the States (New York, I think) proposed that the right of secession be made a condition of her ratification of the Constitution, and Mr. Madison replied in the negative, saying that the ratification must be unconditional and final. — Author. The Missouri Corriproinise and its Repeal. 1? That one which included the three-fifths representa- tion of the slaves of the Southern States arid the fugitive slave law involved no sacrifice of principle on either side. In demanding these measures, Virginia and the States who acted with her violated no principle of jus- tice or humanity. The negroes were already in the country, had been brought into it against their earnest and rej)eated protests. Now that they were here, justice and wisdom alike demanded proper measures for the protection of the white population of the South in their property and their political equality. Nor did the Northern majority in yielding these measures violate any principle. In granting to the Slave States a repre- sentation commensurate with their taxation, they acted in accordance with the same principle for which they had fought the Revolutionary war ; and in enacting the fugitive slave law, they simply gave the assurance that they would protect their sister States in their right to a property which all the States had alike owned, which was recognized as property, and which only the cir- cumstance of climate had transferred chiefly to the South — in other words, they gave an assurance that they would act honestly and fairly. In this there was no violation of principle. In exchange for this assurance and for the three-fifths representation, they desired Virginia to agree to the pro- hibition of slavery in the North-western Territory. She did so — and in this there was no sacrifice of principle. Virginia had exactly the same right to agree to prohibi- tion of slavery in her territory that Georgia had to make slavery perpetual in hers when she ceded it to the United States. She was also acting in accordance with the sentiments and principles which her greatest men had always maintained as regarding slavery to be a most dangerous element in the country. She may have felt it to be a compromise of her own interests, but she was willing to make that sacrifice for the sake of effect- 18 The True History of ing a permanent Union of the States, so necessary to their protection and prosperity. But in this whole transaction, we find no trace of selfishness nor any com- promise of correct principles. On the other hand, that so-called compromise, which Gen. Washington entitled a "tarf/am," was a distinct sacrifice of 'principle onhoth sides. The Northern majority in the Convention, who by their votes imposed the con- tinuance of the slave trade on the country for twenty years, professed to be opposed to slavery, and de- nounced it and the slaveholders often in most violent terms ; yet they voted a clause into the Constitution forbidding Congress to prohibit the imf)ortation of slaves into this country for twenty years — and for what? To procure for themselves some advantages by which they could and did coin millions and millions of money. One of these advantages, and not the least, being that they themselves could still carry on the slave trade and reap its profits. Crying out against slavery, yet they bargained to have negroes stolen for twenty years, con- verting their flesh and blood into gold ! The two Southern States who made the bargain with them were equally guilty (or more so if possible, as they first made the proposition which was to work such dire injury to their own sister States as well as themselves) of a direct sacrifice of principle for what they mis- takenly imagined to be their own interest. They had been in favor of the two-thirds vote, and were opposed to granting that power to the North over the South, which their majority would give to that section, unless controlled by such a restriction as the two-thirds pro- vision in regard to the vote of Congress. But they, too, were tempted by the prospect of more and more wealth ; and, utterly regardless of the remonstrances of the other Southern States, utterly reckless of the consequences to them, and to themselves as well, they entered into that accursed bargain which not only made all after attempts to rid the country of slavery and the negroes an utter The Missouri Compromise and its Repeal. 19 failure, but also placed the South at the mercy of the Northern majority in all legislation, her only safety in the after years consisting in the fact of her holding the balance of power as between the two great political parties of the North. To this sacrifice of principle to greed, on the part of these contractors of a cruel and selfish bargain, to this compromise of all right principle , maybe traced directly or indirectly the greater part, if not perhaps all, of the dissensions which have since arisen between the States. But, however wrong, or mistaken, or by whatever name called, whether bargain, or covenant, or compro- mise (excepting as regarded the Ordinance of 1787, which was only an act of Congress) , these compacts were made by sovereign States, acting in their sovereign capacity, whose right to do so could be questioned by no power on earth. Being confirmed in the most solemn manner by the members of the Convention, and after- ward ratified by the people of the States, there was only one way to have gotten rid of the obligations im- posed by them, and this was by amending the Constitu- tion in those particulars. Just here, however, lay the difficulty. To amend the Constitution by mutual consent was the one thing that was never practically recognized as the proper method to get rid of those obligations. The truth is, whilst the men who made the Constitu- tion were keenly alive to its defects, yet such was the necessity for Union among the States that they accepted it with all its faults as the best that could be procured in view of the great diversity of sentiment and interest between the States, trusting to the wisdom of future generations to so amend or alter it as might be best suited to the needs of those living under it. Mr. King, the most prominent of the Northern members, said he "had always expected that, as the Southern States are the richest, they would not league themselves with the 20 The true History of Northern, unless some respect were paid to their supe- rior wealth. If the latter expect those preferential dis- tinctions in commerce, and other advantages which they will derive from the connection, they must not expect to receive them without allowing some advantages in return." ^ When, therefore, the Constitution came before the people of the States for their acceptance or rejection, its advocates so ignored its faults and blazoned its virtues in order to secure its acceptance, that loyalty to country and Constitution became synonymous terms. After a time the Constitution was held to be a sacred thing, and to alter it would have been looked upon almost as sacri- ligious. Patrick Henry, who, with some others, most vehe- mently opposed its adoption, yet became, when once it was accepted, the most pronounced of its adherents, and advocated in the strongest terms the strictest obedience to its obligations.^ With the growth of this sentiment as to the sacredness of the Constitution, disappeared all possibility of its alteration by common consent. Its provisions respecting slavery were : 1. The three-fifth representation. 2. The fugitive slave law. 3. The uninterrupted continuance of the slave trade for the period of twenty years, or until 1808. And these were constitutional provisions, which neither Congress nor the States could, except by regu- lar constitutional amendment, interfere with in any way. However it came to be made, or by whatever name called, the compact of the Constitution, as regarded * Madison's Papers. * Patrick Henry denounced the defects of the Constitution, as at first made, so powerfully as to lead directly to the first ten amendments to it. The Missouri Compromise and its Repeal. %1 slavery, was rigidly adhered to during all the early years of the Republic. The Quakers, at once upon the adoption of the Con- stitution, began to petition Congress to take steps for the abolition of slavery, and even Dr. Franklin signed one of the first, if not the first, of these petitions ; though he had so recently signed the Constitution and so indorsed all its obligations ; but upon the South 's protesting against such legislation as a violation of the compact just made between the sovereign States, it was decided to lay all such petitions on the table without discussion, and this was the course pursued for many years. In 1808, the slave trade was abolished by an act of Congress, and there is not a more interesting episode in our history than is furnished in the difficulty which was found in framing this act, which yet every member of Congress was anxious to pass.^ The special points of difficulty were, what punishment to inflict upon the captains of the slave vessels,^ and on the rich Northern merchants who owned them ; and what disposition to make of the cargo ; for it would be monstrous to have the slaves forfeited to the United States, and sold, as in the instance of ordinary forfeiture ; and yet it would be inhuman to take them back to Africa, to be eaten by their cannibal foes or remanded to a worse slavery ; whilst none of the States would be willing to have these sav- ages fresh from the wilds of Africa landed on their shores, to become a burden upon society ; ignorant as ^ It had become a matter of finance with South Carolina and Georgia. So many slaves had been imported that their value had materially de- creased, and they were as anxious to stop the trade now as they had been to encourage it before. ^ It was at first proposed to hang the captains, but that seemed unfair unless the merchants were to be hung also ; and a member from Rhode Island remarked that " a man ought not to be hung for merely stealing a nigger." The debates on these questions were exceedingly lively and animated. — Author. 22 The True History of they would be of the language, incapable of supporting themselves, and deprived of the only civilization possi- ble to them, the civilization of slavery. The act was, however, finally shaped to meet all difficulties, and in such a way as not to interfere with the rights of any of the States, nor yet to make the United States a dealer in slaves, nor to inhumanly return them to their own country. The Missouri Compromise and its Repeal. 23 CHAPTER II. Ordinance of 1787, by which slavery was prohibited in the North- western Territory ceded by Virginia to the United States — Vir- ginia's assent to the ordinance — Her motives— Explanation of inconsistency in the prohibition of slavery by the Congress of 1787' and the continuance of the slave trade by the Constitutional Con- vention of 1787— Louisiana purchased — Treaty of purchase protects all rights of inhabitants — Sectional jealousies — Great Britain's plot to procure the secession of New England, the moving cause of the war of 1812 — The Missouri difficulty begins in 1819— Mr. Clay, Speaker of the House, casts the deciding vote against territorial re- striction in Arkansas. Ill the debates of the Constitutional Convention on the questions of representation and taxation are to be seen, in most marked lines, the differences of opinion, of feeling, of ideas, and of interest, as they existed, even at that early day, between the Northern and South- ern sections of our country, and which were only held in abeyance from the imperative necessity of union for self-protection, not only against foreign powers, but, also, from the aggressions and encroachments of the several States upon one another. The Ordinance of 1787 having been regarded by many as next in importance to the Constitution, whilst by many others its constitutionality has been seriously questioned, and its provisions having been often referred to in all the debates on the Missouri Compromise, some statement as to its inception would seem to be in order. From the best sources of information at command of the author, it appears that the government, in 1780, being greatly in need of funds to carry on the war for Inde- pendence, the Continental Congress called upon several of the States, by a resolution of September 6th, to cede certain portions of their territory to the general govern- ment for the purpose of enabling it to raise those funds. 24 The True History of And, further, to induce the said States to accede to the proposition, on the 10th of October following, 1780, Congress passed this resolution : "In Congress op the Confederation, "Tuesday, October 10, 1780. ^'Resolved, That the unappropriated lands that may be ceded or relinquished to the United States by any par- ticular State, pursuant to the recommendation of Con- gress of the 6th day of September last, shall be disposed of for the common benefit of the United States, and settled and formed into distinct republican States, which shall become members of the Federal Union, and have the same rights of sovereignty, freedom, and independ- ence as the other States ; that each State which shall be formed shall contain a suitable extent of territory, not less than one hundred nor more than one hundred and fifty miles square, or as near thereto as circumstances will admit ; that the necessary and reasonable expenses which any particular State shall have incurred since the commencement of the present war, in subduing any British posts, or in maintaining forts and garrisons within and for the defense, or in acquiring any part of the territory that may be ceded or relinquished to the United States, shall be reimbursed. "That the said lands shall be granted or settled at such times, and under such regulations, as shall here- after be agreed on by the United States, in Congress as- sembled, or by nine or more of them." On the 1st of March, 1784, Virginia, in pursuance of the recommendation of Congress of the 6th of Septem- ber, 1780, which declared that the lands so ceded should be "disposed of for the common benefit of the United States," made cession of all her territory, north of the Ohio River, to the United States ; and which extended to the great lakes on the North and the Mississippi on the West. The Missouri Compromise and its Repeal . ^0 An ordinance for the temporary government of this territory was then drawn up by a committee, of which Mr. Jefferson was chairman.^ * The following is a copy of Mr. JeflFerson's plan : " The committee appointed to prepare a plan for the temporary gov- ernment of the Western Territory have agreed to the following resolu- tions: Resolved, That the territory ceded or to be ceded by individual States to the United States, whensoever the same shall have been purchased of the Indian inhabitants, and oflFered for sale by the United States, shall be formed into distinct States, bounded in the following manner, as nearly as such cessions will admit — that is to say : northwardly and southwardly by parallels of latitude, so that each State shall compre- hend, from south to north, two degrees of latitude, beginning to count from the completion of thirty-one degrees north of the equator ; but any territory northwardly of the forty-seventh degree shall make part of the State next below ; and eastwardly and westwardly they shall be bounded, those on the Mississippi by that river on one side, and the meridian of the lowest point of the rapids of Ohio on the other; and those adjoining on the east by the same meridian on their western side, and on their eastern by the meridian of the western cape of the mouth of the Great Kanawha ; and the territory eastward of this last meridian, between the Ohio, Lake Erie, and Pennsylvania, shall be one State. That the settlers within the territory so to be purchased and offered for sale, shall, either on their own petition, or on the order of Congress, receive authority from them, with appointments of time and place for their free males, of full age, to meet together for the purpose of estab- lishing a temporary government, to adopt the constitution and laws of any one of these States, so that such laws nevertheless shall be subject to alteration by their ordinary legislature ; and to erect, subject to a like alteration, counties or townships for the election of members for their legislature. That such temporary government shall only continue in force in any State until it shall have acquired twenty thousand free inhabitants; when, giving due proof thereof to Congress, they shall receive from them authority, with appointments of time and place, to call a conven- tion of representatives to establish a permanent constitution and gov- ernment for themselves : Provided, that both the temporary and perma- nent governments be established on these principles as their basis: 1. (That they shall forever remain a part of the United States of Amer- ica) ; 2. That, in their persons, property, and territory, they shall be subject to the government of the United States in Congress assembled, and to the Articles of Confederation in all those cases in which the original States shall be so subject; 3. That they shall be subject to pay a part of the Federal debts contracted or to be contracted, to be appor- tioned on them by Congress according to the same common rule and measure by which apportionments thereof shall be made on the other 2G The True History of This ordinance included all the territory "ceded or to be ceded by the individual States" from the 31st degree of latitude (tlien our extreme southern boundary) , and east of the Mississippi river, which was then our west- ward boundary. Among its other provisions was the following : 5. "That after the year 1800 of the Christian era, there shall be neither slavery nor involuntary servitude in any of the said States, otherwise than in punishment of crimes, whereof the party shall have been duly con- victed to have been personally guilty." A second report was made by the same committee, which agreed in substance with the first, only altering some minor details. On the 19th of April, it was before Congress for con- sideration, and the clause above quoted, which prohib- ited slavery in the territory, was struck out, on motion of Mr. Spaight, of North Carolina.* States ; 4. That their respective governments shall be in republican forms, and shall admit no person to be a citizen who holds any heredi- tary title ; 5. That after the year 1800 of the Christian era there shall be neither slavery nor involuntary servitude in any of the said States, oth- erwise than in punishment of crimes, whereof the party shall have been duly convicted to have been personally guilty.* This paper is indorsed as follows, in a different handwriting, supposed to be that of a clerk : " Eeport — Mr. Jeffekson, Mr. Chase, Mr. Howell. Temporary government of Western Country, Delivered 1 March, 1784, Ent'd— Read- March 3. Monday next assigned for the consideration of this report. March 17, 1784, Recommitted." t * I have left out what follows, which relates to their admission to the Confedera- tion, and their names. fSee Appendix to Congressional Globe, Vol. 20, 1st Session, 30th Congress, page 294. Journals of Congress, Vol. 4, 1782-1785. * " Congress took into consideration the report of a committee, con- sisting of Mr. Jefferson, Mr. Chase, and Mr. Howell, to whom was re- The Missouri Compromise and its Repeal. 27 After further consideration and amendment/ which committed their report of a plan for a temporary government of the Western Territory : " "When a motion was made by Mr. Spaight, seconded by Mr. Read, to strike out the following paragraph : " ' That after the year 1800 of the Christian era, there shall be neither slavery nor involuntary servitude in any of the said States otherwise than in punishment of crimes whereof the party shall have been con- victed to have been personally guilty.' And on question, shall the words moved to be struck out stand ? the yeas and nays being required by Mr. Howell : " New Hampshire, Mr. Foster, Blanchard, " Massachusetts, Mr, Gerry, Patridge, " Rhode Island, Mr. Ellery, Howell, " Connecticut, Mr. Sherman, Wadsworth, " New York, Mr. De Witt, Paine, " New Jersey, Mr. Dick, " Pensylvania, Mr. Mifflin, Montgomery, Hand, " Maryland, Mr. M'Henry, Stone, " Virginia, Mr. Jefferson, Hardy, Mercer, "North Carolina, Mr. Williamson, Spaight, " South Carolina, Mr. Reed, Beresford, " So the question was lost and the words were struck out."* • " Resolved: That so much of the territory ceded, or to be ceded, by individual States of the United States, as is already purchased, or shall be purcha^od, of the Indian inhabitants and offered for sale by Congress, shall be divided into distinct States, in the following manner, as nearly as such cessions will admit : that is to say, by parallels of latitude, so that each State shall comprehend from North to South, two degrees of latitude, beginning to count from the completion of 45 degrees north of the equator, and by meridians of longitude, one of which shall pass through the lowest point of the rapids of the Ohio, and the other through the western cape of the mouth of the great Kenhaway : but the terri- tory eastward of this last meridan, between the Ohio, Lake Erie and Pennsylvania, shall be one state, whatsoever may be its comprehension * From the Journals of Congress, Vol. 4, 172-1783, p. 3783. aye") aye/ aye aye-) aye/ aye aye") aye/ aye aye"! aye/ aye ayei aye/ aye aye 1- aye aye) ayeV aye) aye no \ no / no aye' no ■ no no J ayei no J div. no 1 no J no 2§ The True History of reduced the territory in question to ttiat lying north of the Ohio River, which now became its southern boundary, instead of the 31st degree of latitude, as at first pro- posed, the report was agreed to, without the clause pro- hibiting slavery and involuntary servitude after the year 1800 ; ten States voting aye, one State, South Caro- lina, voting nay — Delaware and Georgia, absent. This ordinance remained the law of the land until its repeal by the Ordinance of 1787. In July, of 1786, Mr. Grayson, of Virginia, made a motion recommending it to the States of Massachusetts and Virginia that : "They so alter their acts of cession, that the States may be bounded," etc. After several amendments, the resolution of recommendation as to the alteration of the boundaries and number of States to be formed out of the territory passed, and concluded thus: "which States . . . shall have the same rights of sovereignity, freedom and independence as the original States, in conformity with the resolution of Congress of the 10th of October, 1780.'''^ On May 9, 1787, a new ordinance was under consid- eration by Congress, and was being read the second time when Mr. Grayson offered an amendment that "the representative thus elected should serve 'three' years in place of two." The amendment was lost and of latitude. That which may lie beyond the completion of the 45th de- gree between such meridian, shall make part of the State adjoining it on the south ; and that part of the Ohio, which is between the same me- ridian coinciding nearly with the parallel 39 degree shall be substituted so far in lieu of that parallel as a boundary line. . . . And in order to adapt the said articles of confederation to the state of Congress when its numbers shall be thus increased, it shall be proposed to the legisla- tures of the States, originally parties thereto, to require the assent of two-thirds of the United States in Congress assembled, in all those cases wherein, by the said articles, the assent of nine States is now re- quired, whicb being agreed to by them, shall be binding on the hew States. Until such admission by their delegates into Congress, any of the said States, after the establishing of their temporary government, shall have authority to keep a member in Congress, with a right of de- bating but not of voting."— (Journals of Congress, April 23, 1784, p. 379.) ' Journal of Congress, Vol. 11, p. 972. ( . ■, > r, ■ . ■ «, I .1 I. The Missouri CompromiU and its Repeal. 29 the ordinance ordered to its third reading on the next Thursday.^ But it would seem to have been indefinitely postponed, as on the 11th of July, 1787, a Committee consisting of Mr. Carrington and R, H. Lee, of Vir- ginia, Mr. Dane, of Massachusetts, Mr. Smith, of New York, and Mr. Kean, of South Carolina, reported another and entirely different ordinance for the govern- ment of the North-western Territories, which was then read for the first time, re-read, and passed, on the 13th of July, by the vote of eight States, and with only one dissenting voice, Mr, Yates, of New York.^ This ordinance was much fuller in its provisions than ^ Journal of Congress, Vol. 12, p. 48. * Friday, July 13, 1787. Congress assembled : Present as yesterday. According to order, the ordinance for the government of the Territory of the United States north-west of the river Ohio was read a third time and passed as follows : An ordinance for the Government of the Territory of the United States north-west of the river Ohio. Be it ordained, etc. On passing the above ordinance, the yeas and nays being rec uired by Mr. Yates, Massachusetts, Mr. Holten, aye) aye Mr. Dane, aye New York, Mr. Smith, aye Mr. Haring, aye) aye Mr. Yates, no New Jersey, Mr. Clarke, aye) aye Mr. Scheurman, aye Delaware, Mr. Kearny, aye) aye Mr. Mitchell, aye Virginia, Mr. Grayson, aye Mr, R. H. Lee, aye) aye Mr. Carrington, aye North Carolina, Mr. Blount, aye Mr. Hawkins, aye) aye South Carolina, Mr, Kean, aye Mr, Huger, aye) aye Georgia, Mr. Few, aye Mr. Pierce, aye) aye So it was resolved in the affirmative.* • Journal of Congress, Vol. 12, p. 58. 30 The True History of any previous one offered. It contained six articles which were declared to be "articles of compact between the original States and the people and States in the said Territory, unalterable, unless by common consent." The 6th Article was the celebrated one prohibiting slavery forever in the Territory, and was offered by Mr. Dane, of Massachusetts, on the 12th of July. Mr. Force, when searching for material for his work, "American Archives," found the copy of the ordinance with all the alterations marked on it just as it was amended at the President's table, among which the clause respecting slavery remains attached to it as an amendment in Mr. Dane's handwriting in the exact words in which it now stands in the ordinance. Mr. Grayson, as did every representative from Virginia, voted for the entire ordinance, but he did not offer the 6th Article, as afterward stated by some, which is as follows : "Article the 6th. There shall be neither slavery nor involuntary servitude in the said Territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted. Provided always, that any person escaping into the same, from whom labor or service is claimed in any of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as afore- said." Virginia, in accordance with the request of Congress, in 1786, to alter her deed of cession as regarded the boundaries of the new States and the number of them to be formed out of the ceded territory, did so alter her act of cession on Dec. 30, 1788. And, in the act of that date, she also confirmed fully all of the articles of com- pact of the Ordinance of 1787. For, after citing that part of this ordinance which "declared the following as one of the articles of compact between the original States and the people and States in said territory," she declares her assent to the terms of that article, which The Missouri Compromise and its Repeal. 31 contained this clause : "Whenever any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted by its delegates into the Con- gress of the United States, on an equal footing with the original States in all respects whatsoever, and shall be at liberty to form a permanent Constitution and State government. Provided, the Constitution and government so to be formed shall be republican, and in conformity to the principles contained in these articles,^ ^ etc} ^ Henning's Statutes, Index, Vol. 12, page 780. An Act concerning the territory ceded by this Commonwealth to the United States. [Passed the 30th of December, 1788.] 1. Whereas, the United States, in Congress assembled, did, on the seventh day of July, in the year of our Lord one thousand seven hun- dred and eighty-six, state certain reasons showing that a division of the Territory which hath been ceded to the said United States by this Com- monwealth into States, in conformity to the terms of cession, should the same be adhered to, would be attended with many inconveniences, and did recommend a revision of the act of cession, so far as to em- power Congress to make such a division of the said Territory into dis- tinct and republican States, not more than five nor less than three in number, as the situation of that country and future circumstances might require. And the said United States, in Congress assembled, hath, in an ordi- nance for the government of the Territory north-west of the river Ohio, passed on the thirteenth of July, one thousand seven hundred and eighty-seven, declared the following as one of the articles of compact between the original States and the people and States in the said Territory, viz.: "That there shall be formed in the said Territory not less than three nor more than five States, and the boundaries of the said States, as soon as Virginia shall alter her act of cession, and consent to the same, shall become fixed and established as follows, to wit: The western State in said Territory shall be bounded by the Mississippi, the Ohio, and the Wabash rivers ; a direct line drawn from the Wabash and Post Vincents due north to the territorial line between the United States and Canada; and by the said territorial line to the Lake of the Woods and Mississippi. The middle State shall be bounded by the said direct line, the Wabash from Post Vincents to the Ohio, by the Ohio by a direct line drawn due north from the mouth of the Great Miami to the said territorial line, and by the said territorial line. The eastern State shall be bounded by the last-mentioned direct lines, the Ohio, Pennsyl- vania, and the said territorial line. Provided, however, and it is further understood and declared, that the boundaries of these three States shall be subject so far to be altered that, if Congress shall hereafter find it expedient, they shall have authority to form one or two States in that 32 The True History of But whilst she thus certainly did, by implicaiibii at least, virtually and decidedly consent to all of the arti- cles of the Ordinance of 1787, she did not in this act make any special mention of the 6th Article, nor any formal ratification of it. And, as that article was in direct contravention of the Act of 1780, which was in full force when her deed of cession was made, and which declared that the land so ceded should be "dis- posed of for the common benefit of the United States" — and also "that said lands" should be granted and set- tled as should be agreed on "by the United States, in Congress assembled, or any nine or more of them" — as it was contrary to the principle of the Ordinance of 1784, which had rejected all interference by Congress with slavery in the North-west Territory — and also of the Act of Recommendation of 1786, under which she had altered her deed of cession, and which stated ex- pressly that the States to be formed out of that Terri- tory "shall have the same rights of sovereignty, free- dom, and independence as the original States, in con- formity with the resolution of Congress of the 10th of Octo- part of the said Territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan ; and when- ever any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted by its delegates into the Congress of the United States, on an equal footing with the original States in all respects whatsoever, and shall be at liberty to form a permanent Con- stitution and State government. Provided, the Constitution and gov- ernment so to be formed shall be republican, and in conformity to the principles contained in these articles; and, so far as it can be consistent with the general interest of the Confederacy, such admission shall be allowed at an earlier period ; and when there may be a less number of free in- habitants in the State than sixty thousand : "And it is expedient that this Commonwealth do assent to the proposed alteration, so as to ratify and confirm the said article of compact between the original States and the people and States in the said Territory. Be it therefore enacted by the General Assembly, that the afore-recited article of compact between the original States and the people, and the States in the Territory north- west of Ohio River, be, and the same is, hereby ratified and confirmed; any thing to the contrary, in the deed of cession of said Territory by this Com- monwealth to the United States, notwithstanding.^' The Missouri Compromise and its Repeal. 33 ber, 1780'''' — it was afterward claimed, that, inasmuch as Virginia had ceded her territory for the common benefit of the United States, the passage of an act by which not only her citizens, but the whole of the people of the Southern States, were virtually excluded from such ter- ritory [inasTYiuch as their system of labor was excluded) , was not only unjust, but illegal and void, as not being contemplated in her act of cession. That, moreover, the Ordinance of 1787 was passed by the vote of only eight States, whereas the Resolution of 1780 expressly re- quired the vote of nine States, or more, in any regula- tions made for the settlement of lands that might be ceded "to the United States by any particular State." All of these circumstances were adduced to show that this article had no feature of compact about it — that it was merely an act of Congress ; that as such it was not authorized by the Articles of Confederation, and was therefore illegal and void, Mr. Madison being quoted as having declared "that the act was without the shadow of constitutional authority." ^ On the other hand, it was contended that the Act of 1780 gave to Congress the full right to make regulations for the Territories — that the eight States constituted the "Congress assembled," as contemplated in the said act — and therefore Congress could rightfully exclude slavery from the Territories. Of course the two differing parties would naturally view the matter from their own different stand-points, and we can see how differences of opinion might hon- estly exist. But every member of Congress from Virginia voted for the Ordinance of 1787 ; Virginia afterward made no opposition to it ; and it was carried into effect. And then she was quoted as having proposed the 6th Article through Mr. Grayson ; the prohibition of slavery in the ^ John C. Calhoun's speech in Senate, June 27, 1848. 3 34 The True History of Nortli-western Territory was commonly believed to have been her act, and was used as an argument for the con- stitutionality of prohibition of slavery, by Congress, in the Louisiana Territory. The fact is, that on the 12th of July the Constitu- tional Convention had voted for the three-fifths repre- sentation of the slaves of the South in Congress, and on the 13th the old Congress voted for the Ordinance of 1787 prohibiting slavery in the North-western Territory, Some of the members of Congress were also members of the Convention, and doubtless the two measures had been discussed fully before they were offered. The 6th Article was no doubt the price paid by the South for the three-fifths representation and the fugitive slave law {vice versa) , and Virginia's acquiescence in it was also without doubt one of the many sacrifices she made as being the only way to secure that Union of the States which she regarded as of paramount importance. For she had opposed this same provision when offered by Mr. Jefferson only a few years before, and now she acquiesced in it, for the same reason that she acquiesced in the Constitution, although containing that provision for the continuance of the slave trade, to which she was so much opposed ; and the North-western Territory not being settled up by slave-holders, she probably felt that she was not depriving any one of rights or property therein by that acquiescence. What effect might have been produced on the future of our country, had Mr. Jefferson's measure, applying the prohibition of slavery to all of our territory north of the 31st degree of latitude, succeeded, is interesting matter for speculation. How far it might have aff"ected his purchase of the Louisiana Territory, with its slaves already owned by the French and Spanish inhabitants, or altered the terms of that purchase, can only be con- jectured. The motives that actuated Virginia and the other Southern States in rejecting that prohibition were evi- The Missouri Compromise and its Repeal. 35 dentlj of the same economic character as prompted the people of the Louisiana Territory in their petitions to Congress, made immediately after their admission to citizenship in the United States. In these petitions, which were signed by various townships from the mouth of the Missouri down to New Orleans — "St. Charles" and "Cape Girardeau" among them — Congress was im- plored "to permit them to make their own laws, to govern themselves and not to put them under control of the Governor of the Indiana Territory, where slavery had been prohibited ; as they feared it might lead to the abolition of slavery in their own territory. That such a step would be ruinous to all their interests ; that the levees on the banks of the Mississippi could not be kept up without the labor of the African slaves, who were capable, by nature and constitution, as well as previous surroundings, of enduring the heat and moist- ure of the climate and the malarial conditions of the country, which were such that no white man could stand doing any hard labor under them." The above is about the gist of these petitions, as recorded in the annals of Congress of that period. It is a notable fact that in 1811, just when the en- trance of Louisiana into the Union as a Slave State was being most bitterly opposed by the North and East, Indiana was petitioning Congress to permit her to have slaves for some years, in order to open up the country more rapidly than would be possible without slave labor. The proposition was laid before Congress, and was only defeated through the interposition of that great Virginian, John Randolph, of Roanoke. Some writers have expressed surprise at the apparent incongruity between the act of Congress of 1787, pro- hibiting slavery in the North-western Territory, and the clause made by the Convention in forming the Constitu- tion in 1787, which forbade Congress to prohibit the slave-trade for a period of twenty years. But the 36 The True History of reader of these pages will have seen the explanation of this apparently uuexplainable inconsistency. The one measure being a sacrifice of one interest to secure a greater interest, the permanent Union of the States ; whilst the other was the result of a selfish greed for power and wealth on the part of the majority who carried their point against the opposition of the minority. The first Congress under the new Constitution, as- sembled at New York in 1789, repassed the ordinance of the Congress of 1787 for the government of the North- western Territory — "In order that the ordinance may con- tinue to have full effect." It was approved Aug. 7, 1789, and received its validity from Virginia's consent to the act of Congress. PURCHASE OF LOUISIANA. Missouri was a part of the Louisiana Territory which Mr. Jefferson, then President, had, in order to secure pos- session of New Orleans and the mouth of the Mississippi, purchased from Napoleon Bonaparte in 1803. NajDoleon had bought it from Spain in 1800, but the purchase had been kept a secret, and Spain was still in possession. The Spanish Intendent at New Orleans is- sued a proclamation in October, 1802, closing that port to the Americans, who, having no other outlet, from Pittsburg down, for their produce, which amounted to at least three millions of dollars yearly, became very much exasperated at the idea of the closure. Mr. Jefferson at once sent commissioners to Spain, and then to France, to secure the opening of the port, peace- ably if possible. While Congress, upon the motion of John Breckenridge, senator from Kentucky, passed a bill authorizing the President to order out 80,000 militia to be armed, equipped and organized, ready to march on New Orleans at a moment's notice.^ ' See Annals of Congress. The Missouri Compromise and its Repeal. 37 This firm and dignified attitude of our government, together with the fear lest England, his hated enemy, might swoop down from Canada upon his American pos- sessions, decided Napoleon to sell the whole territory for about fifteen millions of dollars. It extended from the Lake of the Woods on the North to the Sabine (or the Rio Bravo) on the South ; to the East it joined the Floridas, which were still owned by Spain, and on the West embraced the Missouri River with its tributaries, and the high table-lands which extended to the divide of the Rocky Mountains. The boundaries were not very clearly defined, being only stated in the treaty to be the same territory which had been transferred to France by Spain two or three years previous in the treaty between those two powers.^ The cultivated parts of this territory, which lay mainly on the banks of the Mississipi)i, were occupied chiefly by French and Spaniards, who all owned slaves. It was made a part of the treaty of purchase that "the inhabitants of the ceded territory shall be incorpo- rated into the Union of the United States, and admitted as soon as possible, according to the principles of the Federal Constitution, to the enjoyment of all the rights, advantages and immunities of citizens of the United States ; and in the mean time, they shall be maintained and protected in the free enjoyment of their liberty, property and the religion which they profess,"^ Slaves were, at that time, recognized as property by the Constitution. Not only were they bought and sold under its provisions, but the States were required by it to surrender up to their owners any slaves who might escape from one State into another. In this there was ^ The circumstances and details of this purchase are so interesting and the purchase itself so important as to entitle them to an entire chapter. But time forbids the rewriting of these matters, which were fully set forth in my manuscript, lost when my house was burned, March 8, 1893. 2 Date of treaty, April 30, 1803. See Annals of Congress of that year. 38 The True History of the fullest possible recognition of this species of property as such, and it was made in the compact of the Consti- tution between the sovereign States. The Eastern (or Northern) States had shown a strong feeling of jealousy of the South and West, due perhaps to that "superior wealth" to which Mr. King above al- luded ; and they were greatly opposed to the purchase of Louisiana. It had required all of Washington's address to keep down the sectional jealousies between the Southern and Eastern troops during the dark days of the Revolutionary War ; and in 1786 the seven Northern (or Eastern) States had attempted to give up the right to the navigation of the Mississippi River for twenty-five years in considera- tion of certain commercial advantages promised them by Guardoquoi, the Spanish minister. The Southern and Western States opposed this project vehemently, and in consequence the Eastern States showed a dispo- sition to secede from the Union, even at that early day. In a letter to Gov. Henry, of Virginia, Mr. Monroe states "the object in the occlusion of the Mississippi . is to break up the settlements on the western waters, . so as to throw the weight of the population eastward and keep it there, to appreciate the vacant lands of New York and Massachusetts."^ In this connection the following extracts from letters of Mr. Adams and Mr. Jefferson are of great interest. The letters were preserved in a scrap-book, and extracts are taken from the unpublished manuscript of an article written by a resident of New York (an accomplished writer) in 1867, which was intended to show Massachu- sett's real position as to disunion in the past. "In 1828," says this writer, "John Quincy Adams, then President, declared publicly that 'a disunion party ex- isted in New England at the period of the embargo, and 1 Wm. Wirt Henry's Life of Patrick Henry, Vol. 2, pp. 296-7. The Missouri Compromise and its Repeal. 39 had existed there for several years ; that he knew this from unequivocal evidence.' "In answer to a public letter addressed to him calling for 'a precise statement of the facts and evidence relating to this accusation,' President Adams replied, December 30, 1828: "The design had been formed in the winter of 1803 and 1804, immediately after and as a consequence of the acquisition of Louisiana. " . . . This plan was so far matured that the pro- posal had been made to an individual to permit himself, at the proper time, to be placed at the head of the mili- tary movement which, it was foreseen, would be neces- sary for carrying it into execution, ". . . That project, I repeat, had gone to the length of fixing upon a military leader for its execution, and although the circumstances of the times never ad- mitted of its execution, nor even of its full development, I had yet no doubt in 1808 and 1809, and have no doubt at this time, that it is the key of all the great move- ments of these leaders of the Federal party in New England from that time forward till its final catastrophe in the Hartford Convention. . . , "The annexation of Louisiana was believed to be un- constitutional, but it produced no excitement to resist- ance among the people. Its beneficial consequences to the whole Union were soon felt, and took away all pos- sibility of holding it up as the labarum of a political re- ligion of disunion. The projected separation met with other disasters, and slumbered till the attack of the 'Leopard' on the 'Chesapeake,' followed by orders in Council of 11th of November, 1807, led to the embargo of the 22d of December of that year. "The question of the Constitutionality of the Embargo was solemnly argued before the District Court of the United States at Salem ; and although the decision of the Judge was in its favor, it continued to be argued to the juries, and even when silenced before them, was, in 40 The True History of the distemper of the times, so infectious that the juries themselves habitually acquitted those charged with the violation of that law. . . I forbear to pursue the nar- rative. The two postulates for disunion were nearly consummated. The interposition of a kind Providence, restoring peace to our country and the world, averted the most deplorable of catastrophes, and, turning over to the receptacle of things lost upon earth, the adjourned convention from Hartford to Boston extinguished (by the mercy of God may it be forever !) the projected New England Confederacy. ' ' Further on in the manuscript is given a letter from Mr. Jefferson, written to "Gen. Dearborn, March 17, 1815," in which he says: "Oh, Massachusetts, how have I lamented the degradation of your apostasy ! Massachusetts, with whom I went with pride, in 1776, whose vote was my vote on every public question, and whose principles were then the standard of whatever was free or fearless. But then she was under the coun- sels of the two Adamses, while Strong, her present leader, was promoting petitions for submission to British power and British usurpation." When, in 1811, the Territory of Orleans (as it had been named) , now the State of Louisiana, applied for admission into the Union as a Slave State, the opposi- tion of some of the Northern members was most vio- lent, on the ground that "it would throw too much weight at that end of the Union." Mr. Quincy, of Massachusetts, declaring that her ad- mission would be "virtually a dissolution of the Union," . . . and he says: "We have been told that 'New Orleans was the most important place in the Union.' A place out of the Union the most important place in it!'" It seems a strange thing now that such a jealousy of ^ See Annals of 11th Cong., Sess. 3, pp. 524-541. The Missouri Compromise and its Repeal. 41 the South and West should ever have existed in the North and East, and especially so that the great and beautiful City of New York should ever have been jealous of the prosperity of New Orleans ; yet such was the case. New Orleans, however, appeared then to be the com- ing city of the New "World. She was the great empo- rium of all the commerce west of the Alleghany Moun- tains, Down the broad waters of the Mississippi and from all the country bordering the beautiful Ohio, floated the produce of the West and South to find its outlet at the Crescent City, In her harbor there floated to the breeze the flags of all nations, and on her streets were gathered, in search of fortune, men of every na- tionality. Jews and Turks, Russians and Poles, Ger- mans, French, Spaniards, English, Scotch, Irish, Ital- ians, Moors — all congregated there, and jabbered to one another in unknown tongues — but all with one purpose, the eager pursuit of wealth — and all regarding New Orleans as the El Dorado which held forth a brilliant and successful future to their grasp. From the day that the keys of New Orleans were, with great pomp and ceremony,^ handed over by Monsieur Peter Clement Laussat to Gov, Claiborne and Gen. Wilkinson, our Commissioners, and the United States flag was hoisted amid the joyous acclamations of her people, who were now released from all allegiance to any other power, that city had grown in importance and distinction ; and the sectional jealousy already rife in the East was still fur- ther increased by the growing prosperity of New Or- leans. Doubtless this feeling was known in England and suggested to her "a most remarkable project in which she most signally failed. One of the immediate and most moving causes of the War of 1812 has, so far as the writer knows, been set down in but few of the many histories written of that ^ See American State Papers for account. 42 The True History of time ; and that was the attempt on the part of Great Britain to procure the secession of a part, or the whole, of the New England States. On the 9th of March of that year, Mr. Madison, President, laid before Congress, in a special message, the official correspondence between the British Govern- ment and their agent, one John Henry, which proved that "in the midst of amicable professions and negotia- tions on the part of the British Government through its public ministers here, a secret agent of that government was employed in certain States, more especially at the seat of government in Massachusetts, in fomenting dis- affection to the constituted authorities of the nation ; . . . and eventually, in concert with a British force, of destroying the Union, and forming the eastern part thereof into a political connection with Great Britain."^ This British agent stated that he had resided for three years in Boston, and spent his whole fortune in -wining and dining the high officials of the State, and in endeav- oring to promote his project by seducing from their alle- giance to the Republic the loyal citizens of the New England States. But their devotion to the principles of liberty defeated and nullified all his efforts. When, at length, he had spent his entire estate and asked of the British Government the reward that had been promised him of a government position which would secure him a good living, they turned a deaf ear alike to his entreaties and remonstrances. The home government referred him to the Governor of Canada ; the Governor of Canada, in turn, referred him to the home government. Wearied at length, and worn out by the ineffectual effort to obtain the promised reward, he determined to take his revenge by laying the whole matter before the Government of the United States. ^ See President's Message, of 12th Cong., Part 1, p. 1162. The Missouri Compromise and its Repeal. 43 He further stated that he was "influenced by a just resentment of the perfidy and dishonor of those who first violated the conditions upon which I received their confidence" — that is, when it was found the project could not be counted on as likely to succeed, he was re- fused the position promised him for his labor, and he declares no choice is left him "but between a degraded acquiescence in injustice, and a retaliation which is nec- essary to secure to me my own self-respect" — which re- taliation consisted in giving up the whole correspondence to Mr. Monroe, then Secretary of State. The letters bore date of 1809 — and some of the ideas expressed therein as to the motives of the British Government are so illustrative that they will bear transcribing, espe- cially as they received the approval of the highest offi- cials of that government.^ EXTRACTS FROM CORRESPONDENCE. "To bring about a separation of the States under dis- tinct and independent governments . . . can not be effected but by a series of acts and a long-continued policy tending to irritate the Southern and conciliate the Northern people. . . . The mode of cherishing or depressing either is too obvious to require illustration. This is an object of much interest to Great Britain, as it would forever secure the integrity of His Majesty's pos- sessions on this Continent, and make the two govern- ments as useful and as much subject to the influence of Great Britain as her Colonies can be rendered." ^ "It should, therefore, be the peculiar care of Great Britain to foster divisions between the North and South, and, by succeeding in this, she may carry into effect her own projects in Europe, with a total dis- ' See Correspondence, given in full in Annals of Congress of that year. » 12th Cong., Part 1, pp. 1172, 1173. 44 The True History of regard of the resentments of the Democrats of this country.'' ^ The Secretary of State reported that "no person or persons had been named as being concerned in the said project referred to." ^ The Committee on Foreign Relations, Mr. Calhoun, Chairman, in making their report of the matter, stated that it presented "conclusive evidence that the British Government, at a period of peace, and during the most friendly professions, have been deliberately and per- fidiously pursuing measures to divide these States, and to involve our citizens in all the guilt of treason and the horrors of a Civil War." ^ In another report, made on the 3d of June, they say, after reciting various wrongs, "Your Committee would be much gratified if they could close here the details of British wrongs ; but it is their duty to recite another act of still greater malignity than any of those which have been already brought to your view. The attempt to dismember our Union, and overthrow our excellent Constitution, by a secret mission, the object of which was to foment discontent and excite insurrection against the constituted authorities and the laws of the nation, as lately disclosed by the agent employed in it, affords full proof that there is no bound to the hostility of the British Government toward the United States ; no act, however unjustifiable, which it would not commit to accomplish their ruin." . . . And, "relying on the patriotism of the nation, . . . your Committee re- commend an immediate appeal to arms." War was declared on the 18th of June. The West and South sprang to arms at once with the greatest alacrity, and carried the war to a successful conclusion ; but some portions of the Eastern States, although they had rejected the idea of separation, were evidently 1 12th Cong., Part 1, p. 1174. ' Idem, 1181. ' Idem, Sess. 2, p. 1220. The Missouri Compromise and its Repeal. 45 greatly disaflfected toward the government ; and the governors of two of the New England States, Massachu- setts and Connecticut, refused point blank to furnish their quota of militia, when called upon by the President to do so — Gov, Strong, of Massachusetts, declaring, in his letter of refusal, "The people of this State appear to be under no apprehension of an invasion." * And, further, that "the Governor of Nova Scotia had, by proclamation, forbid any incursions or depredations upon our Territories." ^ Gov. Griswold, of Connecticut, thought that "the declaration of the President, that there is imminent danger of invasion, ... is not, in my opinion, warranted by those facts" — and by, and with, the ad- vice of his Council, he declines to do any thing except to provide for the safety of Connecticut.^ When the war was ended, in the negotiation of the Treaty of Ghent, the representatives of Great Britain proposed that we should surrender our right to the great Mississippi River, sharing it with England, and, but for Mr. Clay's determined opposition, the project would have carried, as the Eastern Commissioners w^ere in favor of it. These circumstances are mentioned to show the early sentiment of a portion of the Eastern States, not only toward the South and West, but to the government it- self ; a certain lack of loyalty on the part of some, which found its expression in the Convention of Hart- ford, which was held with closed doors, but was believed to be in favor of the secession of the Eastern States to England ; whilst the people of the Western and South- ern States showed a devotion to the government which they had helped to found that was equaled only by their courage in maintaining it. In 1818, however, when the Missouri difficulty first 1 12th Cong., Sess. 2, p. 1298. * Idem, p. 1299. ^ Idem, pp. 1308-1310. 46 The True History of came up, the Republic had passed safely through all the trials of her struggling infancy, and had grown to be prosperous and united to a degree unknown at any pre- vious time. From thirteen disunited, independent States on the Atlantic coast, she had grown to be a Federal united power with her territory extending from the lakes to the gulf, and from the Atlantic Ocean to the Rocky Mountains. As, to the far-seeing statesmanship of Patrick Henry and the great military genius of General George Rogers Clarke, we were indebted for possession of the beautiful country between the Ohio River and the Great Lakes ; to Messrs. Jefferson, Livingston, and Monroe for the ac- quisition of the Louisiana Territory and the Mississippi River ; and to Mr. Clay for the preservation, intact, of our right to that great river ; so now, Mr. Adams was bringing to a peaceful conclusion the long-disputed ques- tion of boundary between the United States and Spain ; by whose settlement we acquired the two Floridas, then regarded as very important because of their strategic position. The successful issue of the war of 1812 had settled forever the question of the secession of any part of our territory to any alien power whatever. Our army had covered itself with glory at the battle of New Orleans, where our raw militia had vanquished most signally those veteran troops of the Duke of Wel- lington, who had shortly before conquered the armies of the great Napoleon in the Peninsular war ; and our navy had distinguished itself in many battles. "We had con- quered peace with all the world, the Republic was every- where recognized as a power on the earth, and our gov- ernment commanded the respect and admiration of all foreign powers. The invention of the cotton gin in 1793 had enriched the South wonderfully, raising the value of her slave The Missouri Compromise and its Repeal. 47 labor, and enabling lier to supply the markets of the world with her cotton. Their infant industries having been fully established, the Eastern and Northern States saw plainly how excel- lent a market was opened to their manufacturers in the agricultural South and West. The South furnished the North her cotton, the North returned it in manufactured goods, while the Middle States supplied grain and meat to both. It was one grand system of free trade. A new era of peace and prosperity seemed to dawn upon the Republic. On all sides the pride and love of country appeared to be at their height. It was upon this clear sky that the Missouri storm broke and raged for three long years. In 1783, before the present Union was formed, the States south of Mason and Dixon's line (which sepa- rated Maryland and Virginia from Pennsylvania) owned over 600,000 square miles of territory, whilst the States north of that line had less than 200,000 square miles. After Virginia had yielded up to the Confeder- ated Government the great North-western Territory, as it was then called, extending out to the Mississippi (em- bracing about 250,000 square miles), and slavery was prohibited in all that territory by the Ordinance of 1787, an imaginary Mason and Dixon's line was drawn along the Ohio River, all north of which was free territory. The new States formed out of this territory were peo- pled with unexampled rapidity, and at the time of the Missouri difficulty the Northern States had such an in- crease in population over the Southern States as to give them a majority in the House of Representatives. Hitherto there had been a tacit agreement that the balance of power between the States should be preserved ; and it had been the fear, lest this balance should be dis- turbed, that had rendered some of the Eastern States so opposed to the purchase of the Louisiana territory. The new States had entered the Union with alternate 48 The True History of regularity as slave and free. Kentucky and Vermont had come in at about the same time ; then Tennessee and Ohio ; next Louisiana, and some years after Indiana : then Mississippi and Illinois had wheeled into line, Alabama as a slave territory, and Maine as free, were ready to enter as States ; and Arkansas and Michigan were in sight. But there was no other northern or free territory ready to enter the Union as an offset to Mis- souri, and her entrance as a slave State would not only break the routine as it had been heretofore kept up, but might at no distant time turn the scales in favor of the slaveholding States, and give the South that majority in the House which the North now enjoyed. This fact decided the Northern majority in the House not to admit her, except with a prohibition of slavery, although her people were composed almost entirely of slaveholders from the States of Virginia, Kentucky, Tennessee, and North Carolina, who had emigrated to Missouri and carried their slave property along with them ; whilst her former inhabitants had owned their slaves both under Spanish and French dominion, and it was well understood that she desired to enter the Union with her slave property untouched by Federal interfer- ence. But there was another point in the matter which weighed perhaps equally with the political aspect of the case, and which the South may not have fully appre- ciated in its relation to the action of the North in op- posing the entrance of Missouri. Slavery "precluded the laboring white man of the North, quite as effectually from emigrating to any State where it existed, as did any law of Congress preclude the slaveholder from taking his slave property to any territory in which slavery had been prohibited. And now this beautiful and fertile Territory of Mis- souri was preparing to enter the Union with an institu- tion that would shut out from her borders the freemen of the North, who scorned to compete with slave labor. The Missouri Compromise and its Repeal. 49 To the two causes above recited, the desire for political power and for the Territory, on the part of the North, was due the intense opposition by the Northern majority in Congress to the entrance of Missouri into the Union as a Slave State, although every principle of the Con- stitution demanded that the local and domestic affairs of each State should be controlled by itself, whilst the treaty of purchase, and every principle of honor and good faith in regard to that treaty, as well as justice to the inhabitants of Missouri, demanded that she should be given admission as soon as she was entitled to it under the established practice of the government and "according to the principles of the Constitution." Missouri, through her delegate, Mr. Scott, petitioned Congress, in January, 1818, that she might be erected into a State and admitted into the Union "on an equal footing with the original States." The petition was re- ferred as usual, but not until the 13th of February, 1819, was the bill for her admission taken up for consideration by the House. Mr. Tallmadge (of New York) then at once moved an amendment to limit the existence of slavery in the new State and providing for gradual emancipation.^ This motion gave rise to a wide debate in which Mr. Clay and others opposed the proposition. On the 15th, Mr. Clay, then Speaker of the House, again spoke in opposition to Mr. Tallmadge 's amend- ment. His speech is not reported, but he is quoted by Mr. Taylor (of New York) quite extensively : "One of the gentlemen from Kentucky (Mr. Clay) has pressed into his service the cause of humanity. He has pathetically urged us to withdraw our amendment and suffer this unfortunate population to be dispersed over the country. He says they will be better fed, clothed, and sheltered, and their whole condition will be greatly 1 Aunals of 15th Congress, Sess. 2, Vol. 1, p. 1166. 4 50 The True History of improved." After referring to the character of the people who, coming "from the Eastern hives with a rapidity never before witnessed, have changed the wilderness between the Ohio and Mississippi into fruit- ful fields," ... Mr. Taylor says, "Will these people settle in a country where they must rank with negro slaves?" . . . "He (Mr. Clay) is governed by no vulgar prejudices, yet with what abhorrence did he speak of the performance, by your wives and daughters, of those domestic duties which he was pleased to call 'servile?' What comparison did he make between the 'black slaves' of Kentucky and the 'white slaves' of the North, and how instantly did he strike a balance in favor of the condition of the former? If such opinions and expressions, even in the ardor of debate, can fall from that honorable gentlemen, what ideas do you sup- pose are entertained of laboring men by the majority of slaveholders?"^ In another debate on the same question, Mr. Scott, delegate from Missouri, quotes Mr. Taylor as saying, "If ever he left his present residence, it would be for Illinois or Missouri ; at all events he wished to send out his brothers and his sons." And then Mr. Scott, after commenting on this, "hoped the House would excuse him while he stated that he did not desire that gentle- man, his sons, or his brothers in that land of brave, noble, and independent freemen. . . . What ! starve the negroes, pen them up in the swamps and morasses, confine them to Southern latitudes, until the race be- comes extinct, that the fair land of Missouri may be tenanted by that gentleman, his brothers, and his sons?"=' In the remarks of these two speakers, we discern the key-note to the whole struggle. The debate was continued with unremitting violence, Mr. Cobb (of Georgia) declaring, "If you persist, the ^ Annals of 15th Congress, Sess. 2, Vol. 1, pp. 1175-77. ' Idem, p. 1202. The Missouri Compromise and its Repeal. 51 Union will be dissolved," and Mr. Tallmadge (of New York) retorting, "Sir, if a dissolution of the Union must take place, let it be so ! If Civil War, which gen- tlemen so much threaten, must come, I can only say, let it come."^ Mr. Tallmadge 's amendment consisted of two propo- sitions, one for "the prohibiting the further introduction of slavery," and the other that "all children born within said State after the admission thereof into the Union shall be free at the age of twenty-five years." Both passed, but by only small majorities, some of the Northeners voting with the Southern minority .'^ Mr. Storrs (of New York) "moved to strike out so much of the bill as says that the new State shall be admitted into the Union — 'on an equal footing with the original States.' " After the vote just taken, Mr. S. said: "there was a manifest inconsistency in retaining this provision."^ This motion was negatived. The Annals here say : "Mr. Scott (Missouri delegate), and Mr. Anderson, of Kentucky (Richard C), greatly as they had been op- posed to the insertion of the provision which had been so much debated, yet preferred taking the bill as it stood, to rejecting it." The bill was then passed by 97 to 56 and sent to the Senate for its concurrence. The Senate struck out both clauses restricting slavery and returned it to the House. . The House refused to concur with the action of the Senate, and the bill was of course lost. The excitement on the subject was intense ; the North being fully determined to appropriate for her own people, and as free territory, this beautiful, fertile and great State, already settled up, well opened to cultiva- tion, and most tempting in its fairness of scenery, of soil and of climate ; whilst the South resented deeply ^ Annals of 15th Congress, Sess. 2, Vol. 1, p. 1204. ' Idem, p. 1214. » Idem, p. 1215. t> 52 The True History of and bitterly the open statements of the North that slavery should never go beyond the Mississippi River — that the South was to be deprived of the use of all that territory purchased equally with her money as with that of the North, and more than equally with her blood ; that Missouri, a territory which had been settled up by Kentuckians, Tennesseans, Virginians and North Carolinians, should be deprived of her sovereign right to hold her slaves if she chose, when that right belonged to every other State in the Union; Mr. Cobb (of Georgia) declaring that "they were kindling a fire which all the waters of the ocean could not extinguish. . . . It could be extinguished only in blood." The Arkansas Territory had meantime been taken off from the Territory of Missouri, and on Feb. 17th, the day after the passage by the House of Mr. Tallmadge's amendment, the bill to provide a territorial government for Arkansas being before them, Mr. Taylor (of New York) moved to amend it by inserting a paragraph pro- hibiting the existence of slavery therein, similar to Mr. Tallmadge's amendment. This motion gave rise to another wide and long con- tinued debate in which Mr. Clay must again have left the Speaker's chair to take part, as Mr. Taylor quotes from his speech : "The gentleman from Kentucky (Mr. Clay) has asked," said Mr. T., "what the people of the South have done, that they are to be proscribed, and had expressed his deep regret at the introduction of this amendment." . . . "The gentleman from Kentucky (Mr. Clay) has charged us," said Mr. T.,"with being under the influence of negrophobia. " . . . "The honorable Speaker," said Mr. Taylor, "has asked us if we wish to coop up our brethren of the Slave-holding States, and prevent the extension of their population and wealth."^ On the next day the vote was taken on the amendment 1 Annals of 15th Congress, Sess. 2, Vol. 1, pp. 122-23-24. The Missouri Compromise and its Repeal. 53 of Mr. Taylor. The first clause of it, prohibiting the further introduction of slaves into the territory was de- feated by one vote — yeas 70, nays 71. The second clause, which freed all the children of slaves, hereafter born in the territory, at the age of twenty-five years, passed by a vote of 75 to 73.^ On the 19th, Mr. Robertson, of Kentucky, with a view of obtaining an erasure of the amendment adopted on the day previous, moved to recommit the bill to a select committee with instructions to strike out the second clause. On this the vote stood 88 to 88. The Annals say: "There being an equal division, the Speaker declared himself in the aflBrmative and so the said motion was carried." The House then concurred with the select committee by 89 to 87.^ This is the only recorded vote of Mr. Clay that was given on this subject whilst he was Speaker of the House — and this vote decided the question at issue so far as Arkansas was concerned, as to the prohibition of slavery there and the consequent exclusion of the;^South- ern people from that territory. From Mr. Clay's steady advocacy of non-interference with the rights of the Southern people on this question, we see plainly what his views and sentiments were in regard to those rights, viz. : their right to self-government and to their equal share in the territories. And this, notwithstanding that his own personal preference and judgment were in favor of emancipation all his life, as he evidenced when, previous to the assemblage of the Kentucky Constitu- tional Convention of 1799, he made speeches and wrote essays, urging emancipation as the wisest thing for the State, although he knew popular sentiment to be utterly opposed to it, and that he risked his own popularity ; and again in 1849, when he wrote his celebrated emancipa- tion letter, previous to the Convention of that year. 1 Annals of 15th Congress, Sess. 2, Vol. 1, p. 1238. * Idem, Vol. 2, pp. 1272-73. 54 The True History of CHAPTER III. 1819-20 — Act of 1820, commonly called "The Missouri Compromise"— Prohibition of slavery north of 36° 30^ oflfered by Mr. Thomas, of Illinois, as an offset to the admission of Missouri with her slave property into the Union — Intense excitement over the whole coun- try — Proposition accepted as the only way to prevent disruption of the Union — Half of the Southern (and most distinguished) mem- bers of the House vote against it as being unconstitutiont:! and unjust. It has been the popular belief for more than half a century that Henry Clay was the author of the Act of 1820, generally known as the Missouri Compromise Act, that it was a Southern measure, and in the nature of a compact between North and South ; and this belief has been made the basis of the statement that the repeal of a portion of this act by that party (the Democratic) which was in favor of doing justice to the South, at the suggestion of a Southern man and a Whig, viz., Hon. Archibald Dixon, of Kentucky, was a breach of good faith toward the North, and in violation of a compact between the North and South. On the contrary, the facts all go to show that Mr. Clay had nothing whatever to do with the authorship of this measure ; that it was not, in any sense, a Southern measure ; as the prohibition of slavery in the Territories was proposed by Northern men exclusively, was opposed continuously for two sessions of Congress by every Southern man, and was finally forced upon the South by a Northern majority ; not exactly at the point of the bayonet, but through the love of the South for the Union, which was so great as to impel her representa- tives to surrender her just rights rather than sever that Union to which her people were so devotedly attached. The facts also show that this act was not only not a The Missouri Compromise and its Repeal. 55 compact between the North and South, but was not so regarded nor so treated by the North at the time, as it was repudiated by the Northern majority at the next session of Congress, in less than a year after its passage ; which, of course, would not have been done had it been considered truly a compact ; as was afterward claimed, purely for political purposes. In truth, this act was not even a compromise ; it was, instead, a surrender — a surrender of one right in order to secure another right which was threatened. It was a yielding up, by a weaker to a stronger power, of the rights of a third party ^^ which did not belong to those who yielded them. It was an unconstitutional as well as an illegal surrender, for Congress never owned what was taken away by the Northern and given up by the Southern members. While Congress had the right "to make all needful rules and regulations" for the govern- ment of the Territories, no power was ever delegated to Congress to parcel out the Territories of the United States in such a way as might deprive any of her citi- zens of their just rights and title therein. So that the entire Congress could have had no right to prohibit the citizens of any State from emigrating to the Territories and carrying their property with them, as such prohibi- tion wowW deprive a large portion of citizens of their just and unquestionable title therein. It was this prohibition which was repealed on the mo- tion of Mr. Dixon in 1854 — a prohibition offered solely by Northern men, opposed steadily by Southern men ; and the bill for the admission of Missouri, with this prohibition attached to it, being assented to by them only when they believed the Union would be dissolved unless they did so assent ; a prohibition which was at most only an act of Congress, and which we will see that it was proposed to repeal at the next session of Congress, when Missouri was refused admission into the ^ The citizens of the slave-holding States. 56 The True History of Union by the Northern majority notwithstanding the compact so-called. The attention of the reader is especially invited to the statements in this chapter, even though they be a little tedious ; as they bear directly on these points, and are taken from the Annals of Congress itself. As soon as Congress assembled in December of 1819, Alabama, Maine, and Missouri appeared before it, ask- ing for admission into the Union. Alabama was ad- mitted at once, without question, although her Constitu- tion made slavery perpetual. Georgia had, however, made her stipulations in the matter before she ceded her territory to the United States. Missouri's memorials were referred to a select com- mittee of the House, when Mr. Strong (of New York) at once gave notice that he should ask leave to introduce a bill to prohibit the further extension of slavery in the Territories.' On the 14th of December, Mr. Taylor (of New York also) proposed that "a committee be appointed to in- quire into the expediency of prohibiting by law the in- troduction of slaves into the Territories of the United States west of the Mississippi." He spoke of the "ex- cited feelings" produced by the question of slavery, both in Congress and out of it, during the last session. And now, from a Northern man, Mr. Taylor, comes the first suggestion of compromise. "If," said he, "a compromise of opposite opinions was to be eflfected, it appeared to him better that a Com- mittee be appointed, etc., and the question be not taken up until the Committee had expended its best efforts, etc, "2 Mr. Scott, of Missouri (delegate), objected to "post- poning the bill to February the 1st. If it were to be ultimately lost, the people of Missouri should have time to act for themselves and frame a form of government, 1 16th Cong., Sess. 1, Vol. 1, p. 764. ^ j^jem, pp. 732-734. The Missouri Compromise and its Repeal. 57 which he was convinced they would do, without wait- ing again to apply to Congress for the mere means of organization." ^ These echoes of passion but faintly indicate the storm of feeling which had raged over the whole country since the discussion of the question by the Congress of the year before. Town meetings had been held, city meet- ings, county meetings, cross-roads meetings. Memorials from nearly all the Legislatures of the States were sent to Congress, beginning as soon as its session opened ; the Northern States protesting "in the name of humanity and freedom against the further extension of slavery in the Territories, and against the admission of Missouri without the prohibition of slavery within her borders ;" the Southern States protesting "in the name of justice and the Constitution against the exclusion of the South from the Territories, to which she had an equal, if not a superior, right with the North — by virtue of her treas- ure expended in their purchase, and of her blood shed in the maintenance of the Union — and against the de- priving the citizens of Missouri of the property in their slaves, to which they were entitled both by the treaty of purchase and the Constitution of the United States;" whilst petition after petition poured into Congress from the people of the Northern States, asking for the prohi- bition of slavery in Missouri, and insisting that no more States be admitted without this prohibition. The most intense excitement continued to prevail every- where, and the dark and portentous shadow of the dissolution of the Union hung like a pall over the hearts and lives of men, paralyzing the industries of the country, as the winter passed on without any prospect of the settlement of the question, and seriously damaging its material interests. The Committee which had been appointed on Mr. Taylor's motion could not come to any agreement, and, 1 16th Cong., Sess. 1, Vol. 1, p. 736. 58 The True History of at their own request, were discharged from further con- sideration of the subject.' Shortly after, December 30th, the bill for the admis- sion of Maine was about to be reported to the House, when "Mr. Clay (Speaker) said he was not yet prepared for the question. He was not opposed to the admission of the State of Maine into the Union. . . . But, before it was finally acted on, he wished to know, he said, whether certain doctrines of an alarming cha.rac- ter — which, if persevered in, no man could tell where they would end — with respect to a restriction on the ad- mission of States west of the Mississippi, were to be sustained on this floor. He wished to know what was the character of the conditions which Congress had a right to annex to the admission of new States ; whether, in fact, in admitting a new State, there could be a par- tition of its sovereignty. ... If beyond the mount- ains Congress can exert the power of imposing restric- tions on new States, can they not also on this side of them? If there they can impose hard conditions — con- ditions which strike vitally at the independence and the power of the State — can they not also here? If, said he, the States of the West are to be subject to restrictions by Congress, whilst the Atlantic States are free from them, proclaim the distinction at once ; announce your priv- ileges and immunities ; let us have a clear and distinct understanding of what we are to expect." ^ Mr. Holmes (of Massachusetts) , who was the chief advocate for Maine's admission, replied to Mr. Clay, and asked : "Will any one say we ought not to be admitted into the Union? We are answered, yes ; and that, unless we agree to admit Missouri unconditionally, we ought not to be admitted ! I hope the doctrine did not extend quite as far as that." (Mr. Clay here said in an under- tone, yes, it did.) " ' 1 16th Cong., Sees. 1, Vol. 1, p. 801. » Idem, pp. 831, 832. ' Idem, p. 834. The Missouri Compromise and its Repeal. 69 Further on, Mr. Clay remarked that, "since the ques- tion was put, he would say at once to the gentleman from Massachusetts, with that frankness which perhaps too much belonged to his character, that he did not mean to give his consent to the admission of the State of Maine into the Union as long as the doctrines were upheld of an- nexing conditions to the admission of States in the Union from beyond the mountains. Equality,^' said he, "is equity.^ If we have no right to impose conditions on this State, we have none to impose them on the State of Missouri. . . . The gentleman from New Hamp- shire would find himself totally to fail in the attempt to establish the position that, because the Territory of Mis- souri was acquired by purchase, she is our vassal, and we have a right to affix to her admission conditions not applicable to the States on this side of the Mississippi. The doctrine," said Mr. C, "is an alarming one, and I protest against it now, and whenever or wherever it may be asserted . . . that any line of distinction is to be drawn between the Eastern and Western States." ^ Again, in the debate, "A State in the quarter of the country from which I come, said Mr. C, "asks to be ad- mitted into the Union. What say the gentlemen who ask the admission of the State of Maine into the Union? Why, they will not admit Missouri without a condition that strips it of an essential attribute of sovereignty. What, then, do I say to them? That justice is due to all parts of the Union : your State shall be admitted free of conditions ; but, if you refuse to admit Missouri also free of conditions, we see no reason why you shall take to yourself privileges which you deny to her, and until you grant them also to her, we will not admit you. . . ." Although he might be forced to withhold his assent to the admission of Maine if a majority of this House should (which he trusted they would not) ^ Italics are the author's. * 16th Cong., Sess. 1, Vol. 1, p. 835. 60 The True History of impose unconstitutional restrictions on the admission of Missouri, he should do it with great reluctance/ January the 26th, the Missouri bill being before the House, Mr. Storrs (of New York) offered an amendment to prohibit slavery in the Territories west of Missouri and north of the 38th degree of latitude.^ After debate in which Mr. Clay again took part, this motion was negatived. Then Mr. Taylor (of New York) came squarely out with an amendment to prohibit slavery in the State of Missouri. The restriction read as follows : ". . . and shall ordain and establish that there shall be neither slavery nor involuntary servitude in said State otherwise than in the punishment of crimes whereof the parties shall have been duly convicted ; provided always, that any person escaping into the same, from whom labor or service is lawfully claimed in any other State, such fugitives may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid ; and provided also, that the said pro- vision shall not be construed to alter the condition or civil rights of any person now held to service or labor in the said Territory." ^ And now began in earnest the battle for possession of this beautiful State. The combat raged day by day and from point to point ; foot by foot the ground was hotly contested. All the changes were rung on every side of the question ; Scripture was invoked to sustain ; humanity to condemn ; the Constitution was analyzed ; the Or- dinance of 1787 dissected ; the arguments of the orators on both sides were able, their eloquence was impassioned, but altered no one's opinion ; rather serving to confirm and intensify the opposition and hostility of the two sections. t 1 16th Cong., Sess. 1, Vol. 1, p. 842. » Idem, p. 940. 3 Idem, p. 947. The Missouri Compromise and its Repeal. 61 Mr. Taylor, one of the ablest men of the North, con- tended that Congress had the right to prohibit slavery ; that "Missouri was a foreign province alien to our laws, customs, and institutions. ... It sustained none of the conflicts of the Revolution. ... Its admis- sion without a restriction was opposed by a majority of the States. . . . The right to hold slaves is em- phatically a right of the States, and not a right of United States citizenship, . . . consequently it was not guaranteed to the inhabitants of this Territory by treaty."^ The inconsistency of the above is so apparent as scarcely to need comment. The fact, which he admits, that the States had the right to hold slaves, would of necessity preclude the right of Congress to prohibit the holding of them in any of the States — and the guarantee, given in the treaty of purchase, that the Territory should be incorporated in the Union as soon as possible, according to the principles of the Federal Constitution, secured the equality of rights to the States formed from the territory purchased — whilst the protection to prop- erty, also guaranteed by the treaty, would forbid any such prohibition during the territorial condition of the country purchased. But the gist of his argument comes out a little later on. He says : "The representation in Congress allowed for slaves, as I have before said, was a matter of compromise. . . . It did not apply to foreign territory. ". . . No express power is granted to Congress to acquire territory. If it exists at all, it is by implication. Thus on the implied power to acquire territory by treaty you raise an implied right to erect it into States, and imply a compromise by which slavery is to be estab- lished, and its slaves represented in Congress. Is this just? Is it fair? . . . But your lust of acquiring is 1 16th Cong., Sess. 1, Vol. 1, p. 945. 62 The True History of not yet satiated. You must have the Floridas. Your ambition rises ; you covet Cuba and obtain it. You stretch your arms to the other islands in the Gulf of Mexico, and they become yours. Are the millions of slaves inhabiting these countries too to be incorporated into the Union and represented in Congress? "Are the freemen of the old States to become the slaves of the representatives of foreign slaves?"^ Mr. Holmes (of Massachusetts) replied to Mr. Taylor. Mr. Clay's eloquence had evidently touched him, for he made a most powerful argument against the prohibition of slavery in Missouri, where it had already existed for years. He said : "I again appeal to the candor of that gentleman (Mr. T.), and ask him whether he should feel entirely easy if the slaves of Virginia were shut up in New York, under this power which he advocates, and it had come to their ears from any respectable source that they were all free? . . . And yet, we can look on and see this storm gathering ; hear its thunders and witness its lightnings with great composure, with won- derful philosophy! We are aware, gentlemen, that we are diffusing sentiments which endanger your safety, happiness and lives ; nay, more, the safety, happiness and lives of those whom you value more than your own. But it is a constitutional question. Keep cool. We are conscious that we are inculcating doctrines that will re- sult in spilling the best of your blood ; but, as this blood will be spilt in the cause of humanity, keep cool. We have no doubt that the promulgation of these principles will be the means of cutting your throats ; but, as it will be done in the most unexcei^tional manner possible, by your slaves, who will no doubt perform the task in great style and dexterity, and with much delicacy and human- ity, too, therefore keep cool. "Sir, speak to the wind, command the waves, ex- postulate with the tempest, rebuke the thunder ; but ' 16th Cong., Sess. 1, Vol. 1, p. 965. The Missouri Compromise and its Repeal. 63 never ask an honorable man, thus circumstanced, to suppress his feelings." ' Mr. Holmes further said : "The power to impose in- cludes a power to enforce. How is this condition to be enforced? . . . And, sir, if you can diminish, why not increase, the political power of a new State? . . . Diminish the political power of a new State, and you accumulate a Federal control over it dangerous to the other States. Increase it, and you put in jeopardy the Union, . . . Where would be your State rights, if, in addition to that yielded up by the Constitution, Con- gress had a vast population subject to their control? ". . . But we are told, in a memorial on your ta- ble, from Boston, that Congress has on this subject un- limited control ; that they can imj)ose any condition which their 'justice, wisdom or policy may dictate.' Indeed ! Has it come to this? Absolute power of Con- gress, and from Boston, too ! Most of these gentlemen have changed their tone since 1812, 1813 and 1814. TTieji, their jealousy of Congress was such that they would not allow them to determine when the country was in danger of an invasion, but confined this power to the exclusive discretion of their Governor. Now, abso- lute power is conceded over the lives, liberties and prop- erty of your Territories. Then, from a jealousy of your powers, or an attachment to the then President,^ they insisted, seriously insisted, that you should not have their militia, unless the President should command them in person, and obtained a judicial decision to fortify them in this sage and prudent constitutional stand. "Sir, the hopes of the North and East are interwoven with the prosperity of the South and West ; and yet we have armed ourselves against them all. It is not with 1 16th Cong., Sess. 1, Vol. 1, p. 974. ' Mr. Madison, whom the New England Federalists despised. 64 The True History of them a question of policy, of political power, but of safety, peace, existence."^ Mr. Smyth, of Virginia, asks : "Can the old States, the first parties to this Union, bind other States farther than they themselves are bound? Can they bind the new States not to admit slavery, and preserve to themselves the right to admit slavery? ... It has been said (by Mr. King in his pamphlet) that in Virginia, 25,659 free persons elect a member of the House of Representatives, and that, in a Northern State, 35,000 free persons elect a member. Let us state the fact. A member from Vermont repre- sents 35,000 persons only ; a member from Virginia rep- resents more than 42,000 persons. "A concession was indeed made in the Convention in proportioning the Representatives among the States ; but it seems to me that the Southern States made it in agreeing to count only three-fifths of the slaves.^ "But the gentleman said that 'the American nation never sanctioned the right of slavery.' Sir, the old Congress exjDressly sanctioned the right of slavery, in September, 1782, when they passed this resolution : 'Resolved, that the Secretary of Foreign Affairs be, and he is hereby, directed to obtain as speedily as possible, authentic returns of the slaves and other property which have been carried off or destroyed, in the course of the war, by the enemy, and to transmit the same to the Minister Plenipotentiary for negotiating peace.' They sanctioned the right of slavery, when they commissioned agents to obtain the delivery of all negroes and other property of the inhabitants of the United States, in the possession of the British forces, or any subjects of or adherents to 'His Britannic Majesty.' They sanctioned the right of slavery when they ratified the provisional and definitive treaties of peace with Great Britain, con- taining this clause : 'His Britannic Majesty shall, with 1 16th Cong., Sess. 1, Vol. 1, pp. 984-986, 988, 989. ^ Idem, pp. 992-995. The Missouri Compromise and its Repeal. 65 all convenient speed, without causing any destruction, or carrying away any negroes or other property of the American inhabitants, withdraw all his armies.' They recognized the right of slavery in April, 1793, by pro- viding for an enumeration of the free persons in the States, and three-fifths of the slaves. The whole nation sanctioned the right of slavery by adopting the Consti- tution, which provides for an enumeration of the slaves, a representation founded thereon, and for the restoration of fugitive slaves to their masters, acknowledging the obligation of State laws, which hold men to labor or service. "It has been urged as a reason for violating the treaty with France, that the present government of that nation will not insist on the strict performance of its stipula- tions. . . , Will you be unjust, false, perfidious, because you are powerful? ... I trust that the only inquiry that this government will make in relation to the treaty with France, is, what have we engaged to perform? It will never condescend to inquire, what is the penalty if we violate our faith, and who will enforce it? Shall we, at the moment when our envoy at the court of Spain proclaims aloud that this government will punish perfidy, violate our faith pledged to France, because, as the great Napoleon no longer reigns, we ex- pect the violation might pass unpunished? . "You received a deed of trust of this Territory ; and if you do not perform the trust, you have no title. It was said at the last session : 'We purchased the Territory and had a right to sell it ; therefore we may annex such conditions to its admission to the Union as we please.' It is true that you paid money for the Territory, but you took a conditional deed, and are bound by the con- ditions in the deed. You have no right to sell it to a foreign power, for you have bound yourselves to incorpo- rate the inhabitants in the Union of the United States according to the principles of the Federal Constitution. . . . Can these inhabitants be incorporated in the 66 The True History of Union of the United States, and their enjoyment of their religion, liberty and property, be afterward rendered in- secure by Congress? The great advocate,^ for depriving them of their property says expressly : 'Congress has no power to prevent the free enjoyment of the Catholic re- ligion.' Then it is equally certain that Congress has no power to prevent the free enjoyment of property ; for religion and property are alike secured to them by the same clause of the treaty, and by those provisions of the Constitution which declare that Congress shall make no law respecting an establishment of religion ; that prop- erty shall not be taken for public use without just com- pensation, etc. . . . The proposed measure, recom- mended under the mask of humanity, would be extreme cruelty to the blacks. . . . The Southern people, seeing that they must rely on themselves for safety, will, if they have common prudence, take precaution for their security. Already the slaves experience the effects of your intermeddling with their situation. Since the in- cendiary speeches of the last session, Georgia has put a stop to manumission, and North Carolina has essayed to put a stop to instruction." . . . ,, Mr. Smyth then calls attention to the fact that "the manumitted negroes in our country object with disdain to the plan of the colonization society for settling the free blacks in Africa. They claim that the slaves shall be emancipated, and remain in the country ; that they and their posterity shall constitute a portion of the sovereign American people. "The philosophers, the Abolition societies and socie- ties of friends to the negroes, in Europe, who were not at all interested in negro slavery themselves, produced the catastrophe of St. Domingo. The philanthropists, societies, and popular meetings of the North are pursu- ing a similar course. Like causes produce like effects. Our philanthropists may acquire as good a title to the 1 Mr, King, in his pamphlet. The Missouri Compromise and its Repeal. 67 execration of the Southern people as Robespierre and Gregoire acquired to the execration of the French people of St. Domingo. ... I will not apologize for hav- ing taken up some of your time. I have raised my feeble voice for the preservation of the Union, and all its happy and glorious results ; for justice, humanity, and domestic tranquillity ; to preserve our citizens from massacre, our wives and daughters from violation, and our children from being impaled ' by the most inhuman of savages. Whatever may be the result, I have done my duty."^ Neither will the author apologize for introducing to the reader, even at some length, these men of a past age as they reveal themselves in their true characters, and embodying and reflecting, as they did, the opinions and temper of their times. In no other way could those opinions and differences of feeling be so strikingly por- trayed. In no other way could there so pass before you, as in a panorama, the living, breathing images of those men, with their passions, their prejudices, their affec- tions, their interests, their principles, their hopes and their fears. In Mr. Taylor we have the embodiment of that aggressive Northern radicalism which afterward became Abolitionism ; in Mr. Holmes, that admirable Northern conservatism of which Mr. Webster became the chief exemplar ; in Mr. Smyth, the South claiming justice as her due and the Constitution as her shield ; whilst Mr. Clay stood the impersonation of States' rights under the Constitution, speaking out boldly, as he always did, for the rights of the States to self-government and to full equality in the Union. There was then no se- cession feeling in the South, and no representative of such a policy there — the danger of disunion all coming from the extreme Northern radicals. * Edwards' West Indies, page 75. " Their standard was the body of a ■white infant, which they had recently impaled on a stake." Id., p. 1021. » 16th Cong., Sess. 1, Vol. 1, pp. 992-1021. 68 The True History of The next proposition as to "compromise" comes from Mr. Hardin, of Kentucky, who suggests "that this mat- ter can be settled with great facility" if both parties will agree by drawing a line due West to the Pacific from Missouri — admitting Missouri without restriction. North of the line prohibiting slavery, South of the line admit- ting it. As, however, the parties had no idea of agree- ing, this proposition did not materialize ; and Mr. Hemp- hill, of Pennsylvania, a very superior man, said regarding it: "It will be impossible to compromise a question of this character. A compromise usually has for its basis mutual concessions which are equally obligatory ; but, if we should pass a law excluding slavery from the remaining territory, where would be the security that another Con- gress would not repeal it f It will be but an ordinary act of legislation, and whenever there shall be an application for a new State, we shall be met with the same consti- tutional objections that now exist. It is, in fact, yield- ing all for which we have been contending, and if we once give up the ship slavery will be tolerated in the State of Missouri, and we can never after remove it." * On February the 8th, "Mr. Clay (Speaker) rose and addressed the committee four hours against the right and expediency of the proposed restriction." ' This speech was not reported, but we gather the drift of it from Mr. Plumer, of New Hampshire, who says : "I should enlarge, sir, upon this topic, but I perceive that it is one which excites no very pleasant feelings in our Southern brethren ; and I am driven from it by the stern tones and repulsive gestures with which the honor- able Speaker (Mr. Clay) has warned us not to obtrude upon him with our New England notions. Sir, what are these notions? Liberty, equality, the rights of man. These are the notions which, if we cherish, we must cherish in secret — which, if we entertain, we must en- tertain by ourselves. These are the notions which we ^ 16th Cong., Sess. 1, Vol. 1, p. 1134. Italics are the author's. 2 Idem, p. 1170. The Missouri Compromise and its Repeal. 69 must cast aside when we leave our owu happy homes, and which, if by chance they find their way into this hall, are to be repelled with the charges of folly, of fa- naticism, of a negrophobia." ' The speaking went on, for and against, until nearly the close of the -winter — Mr. Randolph's speeches being rarely reported, as many of Mr. Clay's were not — but both of them, as well as every other Southern man, being most pronounced in their denunciation of the restriction proposed, as may be gathered from the many references to their speeches and opinions by opposing speakers. Meantime the Senate, having on the 3d day of Jan- uary taken up the House bill, which had just passed, for the admission of Maine, Mr. Barbour, of Virginia, pro- posed that it be "committed to the Committee on Judi- ciary, with instructions so to amend it as to authorize the people of Missouri to establish a State government and to admit such State into the Union upon an equal footing with the original States in all respects what- ever." == The bill was so committed, and so amended as to au- thorize "the people of the Territory of Missouri to form a Constitution, etc., preparatory to their admission into the Union." The Senate having taken up the bill, Mr. Roberts (of Pennsylvania) moved that it be "recommitted to the Judiciary Committee, with instructions so to modify its provisions as to admit the State of Maine into the Union (divested of the amendment embracing Mis- souri.) " ^ The discussion on this subject was of the same char- acter as those in the House ; it being contended on the one side that Congress was bound to admit Missouri whenever she presented herself with the requisite popu- lation ; that her claim was, by virtue of the treaty, ' 16th Cong., Sess. 1, Vol. 2, p. 1426. » Idem, Vol. 1, p. 54. ' Idem, p. 85. - The True History of stronger even than that of Maine ; that if the right ex- isted to impose a restriction on Missouri to prohibit slavery, the equal right existed to impose a restriction upon Maine, to compel her to admit slavery. The other side claiming that Maine was a part of the old Terri- tory — her Constitution was already formed, with the consent of the State from which she was to be sepa- rated ; there was no dispute about her limits, or about the justice of her admission. And there was no pro- priety in joining the two bills, so as to keep Maine out, because of any difficulty in the way of Missouri's com- ing in. The vote on recommitment was taken on January 14th, and it was negatived by 25 to 18.^ The Senate thus refused to separate the conjunction of the two States of Maine and Missouri. Of the above votes, twenty of the twenty-five were Southern ; the other five. Northern. Placing New Jersey as a Northern State and Delaware as a Southern, the vote of the Senate stood 22 to 22. So, to carry any measure, the North must receive some Southern votes, and, vice versa, the South must receive some Northern votes. In this instance, those who voted with the South were Messrs. Thomas and Edwards, of Illinois ; Taylor, of Indiana ; and Palmer and Parrott, of New Hampshire and Ver- mont. The two senators from Delaware voted on the Northern side — Mr. King, of New York, not there. Mr. Roberts (of Pennsylvania) next moved "that the further introduction into said State (of Missouri) of persons to be held to slavery or involuntary servitude within same, shall be absolutely and irrevocably prohib- ited." ^ On January 18, Mr. Thomas {of Illinois) asked leave to bring in "a bill to prohibit the introduction of slavery into the Territories of the United States north and west of the contemplated State of Missouri.^ ^ ^ 1 16th Cong., Sess. 1, Vol. 1, p. 118. ' Idem, p. 119. ^ Idem, p. 158. Italics are the author's. The Missouri Compromise and its Repeal. 71 The speaking still went on day by day ; no other sub- ject seems to have engaged the attention of the Senate. The Ordinance of 1787 is again dissected and analyzed — the one party claiming it as authority for the prohibition of slavery in the Territories, the other declaring it un- authorized by the Articles of the Confederation, and therefore not constitutional in principle ; the one side claiming it as a compact, the other insisting it was no compact at all. Both sides approach the Constitution "with a kind of reverential awe," as a "hallowed instrument," but mu- tually seek to extract from it argument and justification for their differing views. The Northern men declared that they were far more devoted to the principles of lib- erty than the men of the South. The South retorts by asking: "Who first fanned the sacred flame of freedom on this Continent? A Virginian — a native of a slave- holding State.* Who penned the immortal Declaration of Independence? A native of a slaveholding State. ^ Who led your Revolutionary armies to battle and to vic- tory? A native of a slaveholding State.' . . . Who was first called by the unanimous voice of his country- men to preside over the destinies of the new govern- ment? A native of a slaveholding State. ^ . . ."^ And Mr, Burke is quoted as saying of the Southern Colonies in 1775: "There is, however, a circumstance attending these Colonies which . . . makes the spirit of liberty still more high and haughty than those of the Northward. It is that, in Virginia and the Car- olinas, they have a vast multitude of slaves. Where this is the case in any part of the world, those who are free are by far the most proud and jealous of their freedom." * It was also shown that the South contributed indi- rectly far more to the support of the government than ^ Patrick Henry. "^ Jefferson. ' "Washington. * 16th Cong., Sess. 1, Vol. 1, p. 162. * Idem, p. 228. 72 The True History of the North did — that tlie exports of the North for the last year amounted to only eighteen millions of dollars, while those from the slaveholding States amounted to about thirty-two millions ; and that those States fur- nished the Treasury with nearly double the amount the Northern and Eastern States did, if the dutiable imports were regulated by the exports, which is generally true.^ And Mr. Macon (of North Carolina) , one of the ablest and purest men of his day, concludes : "The treaty is as plain as the Constitution. The people are to be protected in their property, and slaves were property both before and since its ratification. If the property in slaves be destroyed by indirect means, it is as much a violation of the treaty as if it were done directly. Pass the amendment and the property in them is indirectly destroyed ; and yet it is the only property secured to the owner by the Constitution." ^ One more quotation : "Old Tecumseh" ^ (Richard M. Johnson, of Kentucky) expresses himself so naively, and so in accordance with the sentiment then prevailing at the South in regard to the "white slaves of the North," as to make his remarks very striking. "When I first came to Congress," said he, "it was with mingled emotions of horror and surprise that I saw citizens from the non-slaveholding States, as they are called — yes, and both branches of our National Legislature — riding in a coach and four, with a white servant seated before, managing the reins, another standing behind the coach, and both of these white servants in livery. Is this, said I to myself, the degraded condition of the citi- ^As the years rolled on, the marked superiority of the contribution from the South to the revenue of the country became more and more apparent, as was evidenced in Mr. Lincoln's reply in 1861 to some dia- unionists of the North, who said, " Let the South go." " If," said Mr. Lincoln, "we let the South go, where will we get our revenue f " — Author. = 16th Cong., Sess. 1, Vol. 1, p. 231. ^ Mr. Johnson was called "Old Tecumseh" because he was said to have killed the noted Indian chief of that name at the Battle of the Thames. The Missouri Compromise and its Repeal. 73 zen on whose voice the liberties of a nation may de- pend? . . . Yet, sir, none are more lavish of their censures against slaveholders than those lordlings with livery servants of their own complexion." ^ When Mr. Johnson had concluded, "no other gentle- man rising to speak" — says the chronicler with uncon- scious irony — the vote was taken on Mr. Roberts' re- strictive amendment, and it was defeated by 27 to 16, 6 Northern votes being joined to 21 Southern. This was on February Ist.^ On the 3d, Mr. Thomas, Senator from Illinois, and one of the Northerners who had helped to vote down Mr. Roberts' amendment, "submitted the following ad- ditional section as an amendment to the Missouri Bill (which it was proposed by a report of the Judiciary Committee to incorporate with the Maine Bill) , viz : 'And be it further enacted, that in all that tract of country ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees and thirty minutes north latitude, excepting only such part thereof as is included within the limits of the State contemplated by this act, there shall be neither slavery nor involuntary servitude otherwise than in the punish- ment of crimes whereof the party shall have been duly convicted. Provided always, that any person escaping into the same, from whom labor or service is lawfully claimed in any State or Territory of the United States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.' "' On the 7th, Mr. Thomas withdrew this amendment for the purpose of modifying it or introducing it in some other shape. On the 16th, the vote was taken (the speaking mean- time having gone on uninterruptedly) on the question 1 16th Cong., Sess. 1, Vol. 1, pp. 348, 349. ' Idem, p. 359. » Idem, p. 363. 74 The True History of of uniting the Maine and Missouri Bills in one, and was carried by 23 to 21, the 2 Illinois Senators and 1 Indiana voting for the conjunction, the 2 Delaware Senators against it.' Then Mr. Thomas offered another amendment in place of the one above, which he had withdrawn, as follows : "And be it further enacted, that the 6th Article of the compact of the Ordinance of Congress, passed on the 13th day of July, one thousand seven hundred and eighty-seven, for the government of the Territory of the United States north-west of the river Ohio, shall to all intents and purposes be, and hereby is, deemed and held applicable to, and shall have full force and effect in and over, all that tract of country ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees and thirty min- utes north latitude, excepting only such part thereof as is included within the limits of the State contemplated by this act." 2 Various amendments were offered after this, but none agreed upon, and finally, on the next day, Mr. Thomas withdrew his last amendment making the 6th Article of the Ordinance of 1787 applicable to the Territory of Louisiana, and offered instead the first amendment as given above, which embraced the celebrated Compromise line of 36° 30', which was repealed in 1854. It carried by 34 to 10, the negatives being 8 Southern votes and 2 Northern ; the affirmatives 20 Northern votes and 14 Southern.' Then the vote was taken on the entire bill, and it passed by 24 to 20. Of the majority, 20 were Southern, 4 Northern votes — of the minority, 18 were Northern, 2 Southern.* 1 16th Cong., Sess. 1, Vol. 1, p. 424. » Idem, p. 426. 3 Idem, p. 428. * Thomas' Amendment, voted on Feb. 17, 1820 : For Amendment — Messrs. Brown, Burrill, Dana, Dickerson, Eaton, Ed- wards, Horsey, Hunter, Johnson of Kentucky, Johnson of Louisiana, The Missouri Compromise and its Repeal . 75 The votes, as given above, are fully indicative of the status of feeling in the Senate. The South was for not admitting Maine at all, unless Missouri should be ad- mitted along with her ; whilst the North was, with a few exceptions, bitterly opposed to the admission of Missouri unless with the restriction as to slavery. On the amendment embracing the prohibition of slavery in the Territories, the Northern vote was solid, excepting the 2 Senators from Indiana, Taylor and Noble — also 14 Southern men in the Senate voted for it ; and without these Southern votes the measure could not have been carried. But 8 Southern men, the most able and distinguished among them, refused their assent, and voted against it. The entire bill, as amended, was carried by Southern votes mainly, only 2 South- erners, Mr. Macon and Mr. Smyth voting against it, whilst 18 Northerners voted against it, and only 4 for it. So that it went out to the world as a Southern measure, because it was carried by Southern votes through the Senate, as against the votes of the majority of the Northern members. That Southern men should have voted for a bill con- taining a measure to which they were so violently op- posed, against the motive principle of which they had been speaking almost daily, for two sessions, and had King of Alabama, King of New York, Lanman, Leake, Lloyd, Logan, Lowrie, Mellen, Morril, Otis, Palmer, Parrott, Pinkney, Roberts, Rug- gles, Sandford, Stokes, Thomas, Tichenor, Trimble, Van Dyke, Walker of Alabama, "Williams of Tennessee, and Wilson — 34. Against Amendment — Messrs. Barbour, Elliot, Gaillard, Macon, Noble, Pleasants, Smith, Taylor, Walker of Georgia, and Williams of Missis- sippi — 10. For Entire Bill — Messrs. Barbour, Brown, Eaton, Edwards, Elliot, Gaillard, Horsey, Hunter, Johnson of Kentucky, Johnson of Louisiana, King of Alabama, Leake, Lloyd, Logan, Parrott, Pinkney, Pleasants, Stokes, Thomas, Van Dyke, Walker of Alabama, Walker of Georgia, Williams of Mississippi, Williams of Tennessee — 24. Against Entire Bill — Messrs. Burrill, Dana, Dickerson, King of New York, Lanman, Lowrie, Macon, IMellen, Noble, Otis, Palmer, Roberts, Euggles, Sandford, Smith, Taylor, Tichenor, Trimble and Wilson— 20. 76 The True History of denounced as fiercely as it could be done in the English language — which they had declared to be in violation of their rights of property, of citizenship and of equality in the Union — would be unnacountable without some knowledge of the pressure brought to bear upon them. Although the Senate was so equally divided, the North had a majority in the House, 23 or 24, and this majority was unalterably opposed to Missouri's admission unless her negroes were first set free, and set free in her midst. For there was not a single proposition to remove the freed negroes from the States ; and when Mr. Meigs (of New York) had proposed during the session to devote a portion of the public lands to raising a fund for coloniz- ing freed negroes of the States in Africa, his proposal was laid on the table without discussion even.^ The entire winter had passed. The House w^as still wrangling, and arguing, and debating, and working itself more and more into a passion. The Southern men were fully determined never to consent to the set- ting free of the slaves in Missouri ; for it was settled up by their kinsmen, their neighbors and their friends, and they felt an inconceivable horror of the turning loose, in this prosperous and lovely State, of a set of beings, who, from being docile, useful, cheerful and industrious, as laborers, would become, with perhaps but few excep- tions, as the first fruits of their freedom, both paupers and criminals of the worst sort. They realized too, that this might be but the beginning of the end. If Con- gress could by a mere act deprive the citizens of Missouri of their property without any compensation, notwith- standing this property was guaranteed to them by both Constitution and treaty, what could hinder this or another Congress from applying the same power to the other States? If this Congress could by a mere decla- ration turn the slaves of Missouri loose among the citizens of that State, why could not this or another > 16th Cong., Sess. 1, Vol. 1, pp. 1113, 1114. The Missouri Compromise and its Repeal. 77 Congress apply the like power to every State that owned slaves, and so involve the whole South in one common ruin? But the Northern majority were equally resolved that slavery should never be extended across the Mississippi River, and in the equality of votes in the Senate lay the only hope of the South for any sort of justice or safety. "When, then, in this difficult position of affairs, Mr. Thomas, of Illinois, made the proposition to admit Mis- souri with her slaves, but to prohibit slavery in all the rest of the Territories north of 36° 30', the majority of the Southern Senators accepted it as the only solution of the difficulty which seemed possible or attainable. By its adoption Missouri could gain her admission without setting her slaves free (making of her a second St. Domingo) , the Union be preserved intact, and the treaty with Napoleon fulfilled ; which last was a point of honor with them. The Territory to which the prohibition ap- plied was unsettled, had been but little explored, was possessed by hostile tribes of Indians ; its value but little known or appreciated ; its future shadowy and un- real ; whereas Missouri was a beautiful and present real- ity in imminent danger of destruction and anarchy. It doubtless seemed to them the only thing that they could do ; and it is not for us to judge them, in that they sac- rificed constitutional right on the altar of expediency, when they voted, under this tremendous double pressure of love for the Union, and self-preservation, for a measure which they believed to be radically wrong, and incon- sistent with the Constitution which they had hitherto held so sacred. The majority of the Northern Senators voted against the bill for the admission of Missouri, even with the prohibition in the Territories as the condition, but had voted straight out for that prohibition, unconstitutional as it was, with two honored exceptions, Mr. Taylor and Mr. Noble, of Indiana. And now the question arises : Could the votes of a 78 The True History of mere majority lend any color of constitutionality to this measure, when it was per se not in accordance with the Constitution? And was there a single line in the Con- stitution to authorize any majority in the Senate or the House to vote away the rights of a vast number of citi- zens in the Territories, which certainly belonged to the whole people equally and alike? On the contrary, in the clause giving Congress the power "to dispose of and make all needful rules and regulations respecting the Territory or other property belonging to the United States," it was expressly declared that "nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State." And yet this prohibiting act did prejudice the claims of an entire group of States, inasmuch as it practically precluded their citizens from entering the Territory-, in that it forbade their taking the labor to which they were accustomed with them ; and to which labor they were entitled by virtue of the right of property, both under the Constitution and previous to its formation. The bill, as amended by the Senate, was sent to the House, and, on the 25th of February, was defeated in that body by a vote of 159 to 18 — the House thus reject- ing all the amendments of the Senate to the Maine Bill, and showing, as plainly as it could be shown, the oppo- sition of both the Northern and Southern sections to the bill which united the two measures relatively opposed by each of them in toto. For the North was quite as much opposed to the ad- mission of Missouri with slavery, as the South was op- posed to its prohibition in the Territories. On the 25th, the Missouri Bill being under considera- tion by the House, Mr. Taylor's proposed restriction was agreed to by about 12 or 18 votes. ^ The next day, Mr. Storrs (of New York) offered the Thomas amendment in place of this restriction. Mr. ^ 16th Cong., Sess. 1, Vol. 2, p. 1540. The Missouri Compromise and its Repeal. 79 Randolph rose and spoke more than four hours against both amendment and restriction.^ On Monday, the 28th, a message was received from the Senate that "they insist on their amendments to the bill for the admission of Maine into the Union, which had been disagreed to by this House. ^ The vote was taken whether the House should insist on its disagreement to the said amendment ; and decided in the affirmative, by 97 to 76, as to those sections which joined the Missouri on to the Maine Bill ; and by 160 to 14, as to the ninth section, which embraced the Com- promise principles.^ Again showing by this vote the intense opposition of the North to the entrance of Missouri as a slave State, and the equally intense opposition on the part of the South to the prohibition of slavery in the Territories. "The House then again went into Committee of the Whole on the Missouri Bill (Mr. Cobb in the Chair)." * Mr. Storrs' proposition to insert the Thomas amend- ment was then taken up, spoken on, voted on, and de- feated.* Other amendments were ofifered by Mr. Taylor, and opposed by Mr. Clay, Mr. Randolph, and others ; when Mr. Taylor moved : "And if the same (the Constitution) shall be approved by Congress at their next session after the receipt thereof, the said Territory shall be admitted into the Union as a State, upon the same footing as the original States. . . . The motion was advocated by the mover, and earnestly opposed by Messrs. Scott, Clay, and Mercer — the vote taken, and the motion negatived by 84 to 75.^ "Mr. Storrs then offered an amendment, in effect, to transfer the restrictive amendment already adopted, to the sixth section of the bill (which embraces the provisions in the nature of compact) , and so modify it as to make 1 16th Cong., Sess. 1, Vol. 2, p. 1541. ' Idem, p. 1552. » Idem, p. 1554. * Idem, p. 1555. Mdem, p. 1556. 80 The True History of it a recommendation for the Jree acceptance or rejection of the Convention of Missouri, as an article of compact^ to exclude slavery, instead of enjoining it, as an absolute condition of admission. "Mr, Clay seconded the motion, and, with the mover, zealously urged the adoption of the amendment. It was opposed as zealously by Messrs. Taylor, Sergeant, and Gross, of New York.* "Mr. Storrs finally withdrew it, as doubts were ex- pressed as to its being in order in its present shape. Then Mr. Clay renewed the amendment in substance, but so changing the manner of inserting it in the bill as to avoid the objection as to the point of order. "The debate was renewed on the proposition and continued with undiminished zeal by Mr. Clay, in its support, and by Messrs. Taylor, Sergeant, Randolph, and Cook against it." ^ Now, this is the only motion made by Mr. Clay (and this was negatived) in all this long contest ; and this was a motion to make the restriction upon Missouri as to slavery, which had already passed the House, a matter of ^Recommendation for Missouri's free acceptance or re- jection,^' "instead of enjoining it as an absolute con- dition of her admission." In this Mr. Clay again ap- pears as the advocate and champion of the full sov- ereignty of the States — and how this motion could ever have been twisted, or metamorphosed, or transformed, so as to have represented the "Missouri Compromise," with Mr. Clay as its author, is one of those historical enigmas of which Mr. Clay himself said, in his great speech of February 6, 1850: "I beg to be allowed to correct a great error, not merely in the Senate, but throughout the whole country, in respect to my agency in regard to the Missouri Compromise, or, rather, the line of 36° 30', which was established upon the occasion of the admission of Missouri into the Union." 1 16th Cong., Sess. 1, Vol. 2, p. 1556. ^ Idem, p. 1557. The Missouri Compromise and its Repeal. 81 He goes on to say that the majority of the Southern members voted for the line — "but, as I was Speaker of the House, and as the journal does not show which way the Speaker votes, except in the case of a tie, I am not able to tell with certainty how I actually did vote ; but I have no earthly doubt that I voted in common with my other Southern friends for the adoption of the line of 36° 30'." . . .* This statement by Mr. Clay, though strictly true, yet given without the accompanying circumstances, was well calculated to still mislead the people as to his real position, as well as to the real position of his Southern friends. So, we find Mr. Blaine, in his history, saying : "Thirty years after, Mr. Clay called attention to the fact that he had received undeserved credit for the Mis- souri Compromise of 1820, which he had supported, "^ hut not originated. " We have seen, however, that Mr. Clay did not support this measure, though he may have voted for it, at the last moment, as the only alternative to dis- union — which was certainly the only motive which could have induced the Southern men to consent to what they believed to be not only a violation of the Constitution, but the greatest wrong to themselves and their posterity, not only as regarded territory, but also as regarded their rightful equality in the Union of the States. It is not shown that Mr. Clay offered any opposition to this special measure ; but he had no opportunity to do so, for it was not brought up in the House until after the restriction on Missouri had been passed by the House, and then was offered as a substitute for that re- striction at a time when the crisis appeared to be a desperate one, and it had become simply a choice between two evils to accept the least. But Mr. Clay's views and principles in regard to restriction as to slavery in the Territories were abundantly shown in the ^ Appendix to Cong. Globe, Vol. 22, p. 124. ^ Italics by author. 6 82 The True History of Arkansas contest the session previous, when he not only opj)Osed any restriction whatever there, but, hy his vote, when there was a tie, decided the question against re- striction. So that Mr. Clay could not, without the greatest inconsistency (a fault of which no man ever convicted him) , have either supported the Compromise of 1820 or have afterward claimed credit for having sup- ported it, as virtually stated by Mr. Blaine. The ground has been taken by some writers that the true Compromise was made a year later, when Missouri was finally admitted into the Union under an act which Mr. Clay did propose. If that were so, then the so- called Compromise was not a compact at all, nor could it be justly claimed as such ; and there was no ground whatever for accusing the South of a breach of faith toward the North in the repeal, in 1854, of the pro- hibitory section of the Act of 1820. If it were not so, then the refusal to admit Missouri under that so-called Compromise Act, in 1821, utterly deprived it of the es- sential feature of a compact, for when broken by one party to it, it could not as a compact be binding on the other side. There is one very striking view of the above and only motion recorded as having been made by Mr. Clay. It contains the first germ of that doctrine of non-intervention by Congress on the subject of slavery, so signally ad- vanced and maintained by the great Commoner in the struggle of 1850 (as by Mr. Calhoun in 1838) , and of which the repeal, in 1854, of the Compromise of 1820 was but the logical outcome. Meantime, the House having insisted on its disagree- ment to the bill from the Senate, that body asked for a committee of conference, to which the House agreed, and on February 29th, appointed Mr. Holmes (of Massa- chusetts) , Mr, Taylor (of New York) , Mr. Lowndes (of South Carolina) , Mr. Parker (of Massachusetts) , and Mr. Kinsey (of New Jersey), "to be the managers of the said conference on the part of this House." The Missouri Compromise and its Repeal. 83 Then after many amendments and much speaking, the House, on the 2d of March, passed the bill for the admission of Missouri with the restrictive amendment offered by Mr. Taylor, and adopted in the Committee of the Whole, and sent it to the Senate for concurrence. The Senate at once returned the bill to the House with an amendment, which was to strike out the slavery re- striction and insert instead Mr. Thomas' amendment. Mr. Holmes requested the message from the Senate to be laid on the table long enough for him to make the report from the Conference Committee, which was in substance, that the Senate withdraw all their amend- ments to the bill for the admission of Maine, and that the House substitute the Thomas amendment for the Taylor restriction in the bill for the admission of Missouri. There was more speaking on all sides of the question. The last speaker but one, before the vote was taken, was Mr. Stephens (of Connecticut) . He said : "But, sir, we have now arrived at a point at which every gentleman agrees something must be done. A precipice lies before us, at which perdition is inevitable. Gentlemen on both sides of this question, and in both Houses, indoors and out of doors, have evinced a determination that augurs ill of the high destinies of this country. And who does not tremble for the consequences?" ^ The question was first put on concurring with the Senate in striking out the slavery restriction on the State of Missouri, and passed by 90 to 87. Then the question was taken on concurring with the Senate as to inserting in the bill, in lieu of the slavery restriction, the clause inhibiting slavery in the territory north of 36° 30' north latitude, and was decided in the affirmative — yeas, 137 ; nays, 42.^ Of these nays, five were Northern men, Mr. Adams ^ 16th Cong., Sess. 1, Vol. 2, p. 1585. » Idem, pp. 1587, 1588. 84 The True History of and Mr. Gross (of New York) being the most distin- guished. The remaining thirty-seven embraced about one-half of the Southern members of the House, and the brightest names in the galaxy of Southern talent and distinction. Messrs. Butler, of Louisiana ; and Cobb, of Georgia ; Johnson and Metcalfe, of Kentucky ; Archer, Barbour, Pindall, Randolph, Smyth, Swearingen, Tucker, Tyler, Gamett, Williams, of Virginia ; Walker, of North Caro- lina ; and Pinckney, of South Carolina, are a portion of that band of thirty-seven who refused to sacrifice prin- ciple to expediency, or to gain a present advantage by yielding to superior power what it had no earthly right to claim. This refusal of one-half of the Southern members of Congress to accede to this measure is another circum- stance which would deprive it of that character of com- pact which was afterward claimed for it. It would have required the assent of the whole of them, or nearly so, to give it even the semblance of a compact between North and South — provided, always, that Congress were invested with the right to make a compact between the two sections ; which, however, was clearly not the case. The above is a true and faithful recital of the facts of the passage of the Missouri Compromise Act, so called — as the author has been able to gather them — and there has failed to appear so far one scintilla of evidence to show either that Mr. Clay was the author of the Compromise of 1820, or that he advocated it, or that it was a South- ern measure, or that it was a compact between North and South. That it was forced on the South as the only alternative to disunion is an indisputable fact ; and that the measure was entirely the result of the determination on the part of the Northern majority to exclude slavery from the whole of the territory west of the Mississippi, regardless of its influence in depriving the South of her just rights in it, regardless of the provision of the Con- stitution that nothing in it "shall be so construed as to The Missouri Compromise and its Repeal. 85 prejudice any claims of the United States, or of any par- ticular State," regardless of the treaty of purchase un- der which Missouri was entitled to admission without conditions save of a republican form of government, and her citizens entitled to protection of their property, whilst in their territorial condition, as well as their liberty and religion, is a fact equally indisputable ; whilst Mr. Clay's position is unmistakable in his opposition to this, as to every other measure looking to an inequality of rights, or sovereignty, between the States. That he should have been credited with the authorship of this Compromise is explainable only on one theory — his great popularity both North and South, and the great unpopularity of the Compromise in both sections ; to which nothing would tend so to reconcile the people as to be assured that Mr. Clay was the author of the measure, and therefore it must be right. But this course was probably not taken until after the next session, when Mr, Clay did propose the act under which Missouri was at last admitted into the Union. In 1887, Gov, Chas, Anderson informed the writer that he heard Mr. Silsbee state to Mr, Clay in 1842, at Ashland, that "the Compromise of 1820 was so odious at the North that only two members who voted for it were ever returned to Congress — Mr, Silsbee, of Massa- chusetts, and John G, Storrs, of New York ; while in the South it was so popular that not one member of Congress ever lost his election by it," An examination of the records shows that Mr, Silsbee was mistaken in supposing that only two members from the North were returned who had voted for the Compromise : but, whilst many of them were re-elected, more were not, showing that he was not mistaken in the sentiment of the North- ern people. They were, in truth, enraged with their representatives for having voted Missouri away from them and into the hands of the South, and did not re- gard the treeless and unexplored prairie and mountain lands of the Territories as any equivalent at all for 86 The True History of giving up Missouri. To conciliate tliem, their politicians would naturally claim that it was a Southern measure, and forced upon the North against their will, and would, of course, quote the Southern votes in the Senate as proof of this. It was this apologetic motive, as well as the desire to keep Missouri with her slave Constitution out, which actuated the Northern majority when they refused her admission at the next session on a mere pretext ; and which they thought they could safely do, having gained the point of prohibition in the Territory. It is so plain that "he who runs may read." In regard to the sentiment of the South, it is probably best expressed by a Kentucky backwoodsman, who said to his member of Congress : "You suffered yourselves to be Yankied, by giving up the restriction on the Territory for a right to which Missouri was entitled without it."^ And those of her Congressmen who were returned, were elected by her people because of confidence in their pur- poses, their motives and their ability. Her people realized that they had barely escaped the dissolution of the Union, and, however much they might disapprove of the means of its preservation, yet, appreciating the difficulty of the position, they did their representatives the Justice to believe that they had acted according to their best judgment. There was too, one great differ- ence between the North and the South at this period. The South was enthusiastically devoted to the Union, and regarded it as of the very first value and import- ance. So fearful was she lest it might be destroyed, that she yielded peaceably to what she knew was a great wrong, and did not claim her just rights until she thought she had reason to believe, as she did in 1854, that she could win them back peaceably. The North, on the contrary, did not then really love the Union with enthusiasm. She looked upon it as second- ary in importance ; the power and strength of the North 1 16th Cong., Sess. 2, Vol. 2., p. 1207. The Missouri Compromise and its Repeal. 87 as a section was first. When the Act of 1820 was passed, she regarded it, not as a compact, but simply as a step in one direction towards the gain of power and ter- ritory, and in the other, the loss of it. Her representa- tives did not hesitate in 1821, in order to repair this loss, and appease their constituencies, to refuse admission to Missouri under that Act — which is proof of itself that they either never looked upon it as a "sacred compact," or else they broke it without compunction. The truth is that the odiousness of the "Compromise" attached to the giving up of Missouri — and the holding on to the Ter- ritories constituted the sacredness of the compact, so- called. President Monroe approved and signed this bill, which was entitled "An act to authorize the people of the Missouri Territory to form a Constitution and State Government, and for the admission of such State into the Union, on an equal footing with the original States, and to prohibit slavery in certain Territories," on the 6th day of March, 1820. The President at first believed the bill to be unconsti- tutional, and in the draft of a Veto message which he did not send in to Congress, as it would appear, lest it might cause a Civil "War, he used this language — "That the proposed restriction to territories which are to be ad- mitted into the Union, if not in direct violation of the Constitution, is repugnant to its principles — "' What other motive may have influenced him, if any, is not now easy to determine ; but as the Presidential election was approaching, and Mr. Monroe was human, it may be supposed to have, possibly, had some influence toward weighting the scale on the other side. He ad- vised with his friends on the matter — Judge Roane, Mr, Madison and others — and from each of the members of his Cabinet he required a written opinion. Mr. Madison leaned to the belief that the restriction "was not within 1 App. Cong Globe, 30th Cong., Sess. 1, Vol. 20, p. 67. 88 The True History of the true scope of the Constitution." But, he says, "there can be no room for blame in those acquisescing in a conciliatory course, the demand for which was deemed urgent, and the course itself deemed not irrecon- cilable with the Constitution." The opinions of the Cabinet were not preserved, but on July 25, 1848, Mr. Calhoun, who was the only living member at that time, upon being called on, stated: "I have no recollection of any written opinions being asked for or given, but I have a distinct remembrance of the apprehension existing in all quarters of the consequences that might ensue from the difficulty not being adjusted, and which constrained the South, after resisting the re- striction attempted to be imposed for two sessions, to acquiesce finally in the bill proposed as a compromise."^ In a letter to President Monroe from his son-in-law, George Hay, dated Richmond, Feb. 17, 1820, there occur the following passages : "I have this moment received your note of yesterday. . I have never said how you would act, but simply that you would do your duty. The members have gone up to the caucus under a conviction that you will put your veto on this infamous cabal and intrigue, in all its forms and shapes ; this I would certainly and promptly do. You may be injured in the Northern and Eastern States, but you will be amply repaid by the gratitude and affection of the South. "The whole affair is regarded as a base and hypocrit- ical scheme to get power under the mask of humanity ; and it excites the most unqualified indignation and re- sentment. "I believe that in cases of this kind there is no mid- dle course to be observed. The subject with all its con- sequences must be met, and the decision must be firmly pronounced. Such is my conviction. "If the Constitution were not believed to be in the 1 App. Cong. Globe, 16th Cong., Sess. 1, Vol. 20, p. 58. The Missouri Compromise and its Repeal. 89 way, the men of understanding, perhaps all, would be disposed to compromise on something like equal terms." ' The President would appear to have had great doubts as to whether Congress had the right to put any restriction on the Territories or not. It seems from a letter to his friend, Judge Roane, that, anxious as he might be to do only his duty, it was hard for him to decide what that duty was. On the 20th of December, 1820, when it was apparent that Missouri would be refused admission under the Compromise Act of March 6th, Mr. Jefferson wrote Mr. Monroe, who, of course, was then re-elected to the Presidency : "Nothing has ever presented so threatening an aspect as the Missouri question. The Federalists,^ completely put down, and despairing of ever rising again under the old division of Whig and Tory, devised a new one, of slaveholding and non-slaveholding States, which, whilst it had a semblance of being moral, was, at the same time, geographical, and calculated to give them ascendancy by debauching their old opponents to a coalition with them. . . . However, it seemed to throw dust into the eyes of the people and fanaticise them, while to the knowing ones it gave a geographical and preponderating line of the Potomac and Ohio, throw- ing fourteen States to the North and East, and ten to the South and West. With those, therefore, it is merely a question of power. But with this geographical mi- 1 See App. to Cong, Globe, 30th Cong., Sees. 2, Vol, 20, p. 67. * The Federalists were the old Hamilton anti-States-right party, who favored a strong central government, in opposition to the Jeflerson States-rights party, who believed in a strict construction of the Constitu- tion and preserving all the rights of the States and the people from in- terference by the government except as provided in the Constitution. The Jeflfersonian party was then called " Republican," and, afterward, " The Democracy." The Federalists became the Whig party afterward, and, when that party broke up, the Northern Whigs became " Repub- licans," or Abolitionists, while the Southern Whigs joined the Demo- crats. 90 The True History of nority it is a question of existence." ... To Gen. La Fayette lie wrote, on the same day: "It is not a moral question, but one merely of power. . . . Its object is to raise a geographical principle for the choice of a President, and the noise will be kept up till this is effected."' If this were the object, it eucceeded, as John Quincy Adams (of Massachusetts) was elected for the noxt term— 1825-1829. ^ Jefferson's Complete Works, Vol. 7, p. 194. I The Missouri Compromise and its Repeal. 91 CHAPTER IV. 1821 — Missouri not permitted to enter the Union under the Act of 1820 — Eejected by the Northern majority on a mere pretext — Disunion again strongly threatened — Business interests completely pros- trated — Conditions most alarming — Missouri at last admitted under a new act proposed by Mr. Clay. _ne intended rejection of Missouri, by the majority of the Congress of 1820-21, would seem to have been a foregone conclusion in the public mind ; it being appar- ently well understood that her entrance into the Union would be opposed upon the pretext of that clause in her Constitution which required her Legislature to pass laws for the kee^Ding out of free negroes from her borders ; and "the question was looked at by the nation with much anxiety and some degree of alarm," says Mr. Barbour, of Virginia.^ That the purpose to reject Missouri because of some anticipated defect, real or imaginary, which was to be found in her Constitution, had been formed during the previous session, is well shown by the motion which Mr. Taylor, of New York, had made, proposing the ap- proval by Congress of her Constitution as a condition of her admission. It will be remembered that this motion, opposed by Mr. Clay and others, was defeated. Early in the session of 1820-21, the Legislature of New York sent instructions to her Senators and Repre- sentatives that, "if the provisions contained in any pro- posed Constitution of a new State deny to any citizens of the existing States the privileges and immunities of citizens of such new State, that such proposed Constitu- tion shall not be accepted or confirmed ; the same, in the opinion of this legislature, being void by the Constitu- 1 16th Cong., Sess, 2, p. 34. 92 The True Historij of tion of the United States" — declaring also that they were "invincibly opposed to the admission of any new- State into the Union without making the prohibition of slavery therein an indispensable condition of admis- sion. ' The Legislature of Vermont instructed her Senators and Representatives "to use all legal means to prevent the admission of Missciuri as a State." — Because its Con- stitution "legalizes and secures the introduction and continuance of slavery, and also contains provisions to prevent freemen of the United States from emigrating to and settling in Missouri, on account of their origin, color and features." ^ These instructions show conclusively that New York and Vermont did not look upon the Act of 1820 as a compact, for they propose directly to refuse the fulfill- ment of that portion of the act which was to admit Mis- souri as a slave State ; which, if it were a compact, was the consideration given for the prohibition of slavery in the remaining territory. The Senate proceeded very early in the session to the consideration of the resolution "declaring the admission of the State of Missouri into the Union on an equal foot- ing with the original States" — it being regarded as a question of such importance that, as "Old Tecumseh" said, "it swallowed up every other, and until it was set- tled they could not go on with the ordinary business of the session." ' Mr. Eaton (of Tennessee) offered the following pro- viso to the resolution : ^^ Provided, that nothing herein contained shall be so construed as to give the assent of Congress to any pro- vision in the Constitution of Missouri, if any such there be, which contravenes that clause in the Constitution of the United States which declares that 'the citizens ^ 16th Cong., Sese. 2, p. 23. » Idem, p. 78. ' Idem, p. 34. The Missouri Compromise and its Repeal. 93 of each State shall be entitled to all the privileges and immunities of the citizens in the several States.' " ' This proviso gave rise to an extensive discussion in which it was conclusively shown that free negroes and mulattoes were not citizens, and were not so regarded. In the older States, North as well as South, they were not allowed the rights pertaining to citizens, and consti- tuting citizenship. In some of the States they could not vote ; in others, Indiana for one, they could not ap- pear as witnesses except in cases to which negroes were parties. In some other States, as Vermont^ and New Hampshire, they could not bear arms. In others, as Rhode Island, if caught out at night after nine o'clock, they were to be publicly whipped by the constable — ten stripes. In Massachusetts, "no negro, except a subject of the Emperor of Morocco, or a citizen of the United States, to be evidenced by a certificate," could remain longer than two months ; after which time he should be ordered to leave, and if he did not depart in ten days thereafter, he should be whipped ; and again ordered to leave, and again whipped, and so toties quoties} In Connecticut, "free negroes could not travel with- out a pass from the selectmen or justices." In New York, Connecticut,* and also Vermont, the exclusion from the State was extended not only to free negroes and mulattoes, but to white people who were undoubt- edly citizens. The laws of New York read thus : "If a stranger is entertained in the dwelling-house or outhouse of any citizen for fifteen days, without giving notice to the overseers of the poor, he should pay a fine of five dollars." ^ If the stranger remained "forty days, he should be put in jail, and the justices might hand him from con- stable to constable until transported into any other 1 16th Cong., Sess. 2, p. 41 ' Laws of Vermont, Vol. 2, p. 122. ^ Laws of Massachusetts, Vol. 1. * Laws of Connecticut, pp. 240, 241. 5 Laws of New York, Vol. 1, p. 568. 94 The True History of State, if from thence he came. ... If such person returns, the justices may direct him to be whipped by every constable into whose hands he shall come ; if a man, not exceeding thirty-nine lashes ; and if a woman, not exceeding twenty-five lashes."^ This law was enacted twelve years after the adoption of the Constitution of the United States, and was in full force in 1821 — and yet New York could instruct her Representatives on the rights and privileges of citizens of the United States in Missouri ! The Connecticut law was in about the same terms. Whilst in the Legislature of Pennsylvania, on the 20th of January, 1820, a resolution was offered of inquiry "into the expediency of prohibiting the emigration of free negroes or mulattoes into this Commonwealth,"^ showing the opinion held as to their citizenship there. And the Act of Congress, passed on the 15th of May, 1820, for incorporating the inhabitants of the City of "Washington, by which they were to be continued a body politic and corporate, gives that corporation full power and authority "to prescribe the terms and conditions upon which free negroes and mulattoes may reside in the city. "2 Yet, in the face of all this evidence that free negroes were not citizens in a single State in the Union, that they were not treated as such by law in a single State, nor regarded as such anywhere ; in the face of all these facts, the Northern opponents of Missouri persistently declared that free negroes were citizens, and claimed that Missouri had no right to exclude them — New York, Connecticut, and Vermont even arrogating to themselves the right to exclude from their borders any stranger, though he be a white man and an undoubted citizen — yet denying to Missouri the right to protect herself from that most worthless class of population, the vagabond ^ Laws of New York, Vol. 1, pp. 568, 569. 2 Journal, p. 341. ^ i^^^ Cong., Sess. 1, Acts, p. 14. The Missouri Compromise and its Repeal. 95 free negroes from other States ; denying to Missouri in the smallest degree the power exercised by themselves in its fullest extent. It was suggested during the debate that, "if the clause in the Missouri Constitution were repugnant to the Con- stitution of the United States, it was a nullity, because the Constitution of the United States was paramount." But this produced no effect whatever on Missouri's op- ponents because it did not reach the true cause of their opposition to Missouri's entrance into the Union ; which was simply and purely that she was a slave State, and, as such, her admission would affect the balance of power in Congress ; and, furthermore, her slave labor would exclude freemen of the North, who longed to possess for themselves and their posterity her fertile lands and magnificent resources ; and who deeply resented the measure which, in 1820, had left her in the hands of her own citizens as to the regulation of her domestic concerns. Mr. Eaton's proviso was passed in the Senate by one majority ; then the bill as amended was passed by 26 to 18, and sent to the House for concurrence. There is one noticeable feature in this debate in the Senate. Not once is the Act of 1820 spoken of, by either side, as a compact between North and South. Mr. Burrill (of Rhode Island) says : "It was in the nature of a contract between the United States and the people of Missouri, and it was competent for Congress, and was its duty, to see if that contract had been faithfully observed." ^ Mr. Holmes (of Massachusetts) says : "Who are the parties to the compact in the act of last session? The United States and Missouri. Missouri contends that she has complied with her terms, and demands a fulfill- ment on our part. "We refuse, and charge her with a failure to fulfill her stipulations. "Who is to decide? 116th Cong., Sess. 2, p. 46. 96 The True History of . . . There is no risk on our part in submitting the question to the Supreme Court." ' Mr. Otis (of Massachusetts) : "In truth, the people of the United States, bj their Congress, are parties to an executory contract. The people of Missouri are the other parties."^ It is plain that all idea of compact as between North and South, was now repudiated by the Senate, especially the Northern members, if indeed it had ever been enter- tained at all. But the question here arises : Could Missouri, by virtue of any contract whatever, surrender what did not belong to her, viz., the equal right of the Southern people to enter the Territories of the United States and to carry their slaves with them? Or could the congressional representatives of the people of the United States enter into any contract with any one Territory, by which she should be admitted on equal terms, but with the condi- tion that one-half of the people of the States should be deprived of their equal rights in all the balance of the Territory beyond a certain line which embraced nearly the whole of the country? Whence did either Congress or Missouri derive the authority to make any such agreement? And what was the agreement worth? IN THE HOUSE. Mr. Clay had sent in his resignation of the office of Speaker in a letter of October 28, 1820, and on Novem- ber 15th, John W. Taylor (of New York), author of the slavery restriction in Missouri the session previous, was elected to the Speakership. The Committee, to whom had been "referred the Con- stitution formed for their government by the people of Missouri, delivered their report recommending the pas- sage of this resolution : 1 16th Cong., Sess. 2, p. 88. * Idem, p. 20. The Missouri Compromise and its Repeal. 97 Whereas, etc. "jBe it resolved, That the State of Missouri shall be, and is hereby declared to be, one of the United States of America, and is admitted into the Union on an equal footing with the original States, in all respects what- ever." The Committee say that they "are not unaware that a part of the 26th section of the 3d Article of the Consti- tution of Missouri, by which the Legislature of the State has been directed to pass laws 'to prevent free negroes and mulattoes from coming to and settling in the State,' has been construed to apply to such of that class as are citizens of the United States, and that their exclusion has been deemed repugnant to the Federal Constitution. . . When a people are authorized to form a State, and have done so, the trammels of their territorial conditions fall off. They have performed the act which makes them sovereign and independent. If they pass an unconstitutional law, and we leave it, as we should that of another State, to the decision of a judicial tribunal, the illegal act is divested of its force by the operation of a system with which we are familiar. But the decision of Congress against the consti- tutionality of a law by a State of which it had author- ized the establishment, could not operate directly by vacating the law ; nor is it believed that it could reduce the State to the dependence of a Territory. In these circumstances, to refuse admission into the Union, of such a State, is to refuse to extend over it that judicial authority which might vacate the obnoxious law, and to expose all the interests of the Government within the territory of that State to a Legislature and Judiciary, the only checks on which have been abandoned. On the other hand, if Congress shall determine neither to expound clauses which are obscure, nor to decide consti- tutional questions which must be difficult and perplex- ing, equally interesting to old States whom our con- 7 98 The True History of struction could not, as to the new whom it ought not to, coerce, the rights and duties of Missouri will be left to the determination of the same temperate and impartial tribunal which has decided the conflicting claims, and received the confidence, of the other States."^ On the 6th of December, the House in Committee of the Whole had under consideration the resolution de- claring Missouri's admission into the Union. Her admission was opposed on the ground that if Congress had the right to accept her Constitution, it had also the right to reject it ; that the trust of guard- ing the Constitution from violation belonged peculiarly to Congress ; that it should never be left to the Judiciary to do what Congress should have done ; that Missouri was not entitled to the rights of a State until she was admitted into the Union by Congress ; that the con- formity of her Constitution to that of the United States was obligatory on the Convention ; that though clauses might be found in some of the Constitutions of the old States equally repugnant to the Constitution of the United States as the objectionable clause in the Consti- tution of Missouri, yet most of these Constitutions were framed previous to the adoption of the present Consti- tution of the Union in such States, and all such clauses were virtually abrogated by the adoption of that Con- stitution. The above is a condensation of the arguments of Mr. Sergeant (of Pennsylvania) and of our friend, John G. Storrs (of New York), who, in a previous session, had moved to strike out of the resolution, admitting Mis- souri, the phrase, "on an equal footing with the original States," because "there was a manifest inconsistency in retaining this provision after the vote just taken," by which the slavery restriction had been placed upon her. But the weight of public opinion was evidently too much for him, and he was forced by its pressure to 1 IGth Cong., Sess. 2, pp. 453, 454. The Missouri Compromise and its Repeal. 99 ignore the facts and to yield up his real convictions as to the rights of all the States to self-government and equality in the Union. In the same speech, he says, however, of the necessity for the coercion of Missouri as alluded to by Mr. Sergeant, who had preceded him : "Whenever the period arrives that shall render it necessary to unite the States by the arm of force, the Confederacy dissolves with the moral principle which is the foundation of our Union. It is this which pre- eminently distinguishes us from the Governments of the Old World. . . . Coercion may be the foundation of good government in a penitentiary or mad-house, but, in our Republic, ivhcre military force begins, there Union ends.''^^ Mr. Storrs evidently wanted to do right, and would doubtless have done so, had his constituents and political opponents allowed him. The friends of Missouri contended "that Congress could not now reject Missouri, for she was already a State in the Union;" that the act of the last session had authorized her inhabitants to form for themselves a Constitution and State government, and had said "The said State, when formed, shall be admitted into the Union. . . . The people of Missouri had formed for themselves a State government by electing a Gov- ernor and members of the Legislature. . . . The compact is complete. . . . The State is formed, . The right of self-government once possessed can never be surrendered. . . . The proviso that the Constitution of Missouri should not be repugnant to that of the United States is inoperative, useless, sur- plusage. We might as well have enacted that the stars shall not obscure the sun to-morrow. . . . The Constitution does not say that Congress shall guarantee to every State in the Union a Constitution not regugnant to that of the United States. It says that the Constitu- tion shall be the supreme law of the land, and the ^ 16th Cong., Sees. 2, p. 542. LofC. 100 The True History of judges in every State shall be bound thereby, any thing in the Constitution of any State to the contrary, not- withstanding, . . . All the Constitutions of the States contained clauses repugnant to the Constitution of the United States, but the adoption thereof expunged them. Admission will have the same effect on the Con- stitution of a new State that adoption had on those of the old." The question is then very pertinently asked, "May Virginia send forty thousand free negroes to settle in the State of Ohio, and has the latter State no power to exclude them?" ^ But in spite of all proof, all facts, all evidence that the thing they professed to be fighting for was a mere pretense, the opponents of Missouri's admission kept up the fight. Although it was shown, past contra- diction, that the States had, none of them, ever granted to free negroes and mulattoes the privileges of full citi- zenship ; that in every State there were restrictions on this class of people which could not be placed on citi- zens, yet the Northern majority persisted in their ficti- tious declarations that these people were citizens, and as such should not be excluded from Missouri, and as she did propose to exclude them from her borders, therefore she could not be permitted to enter the Union. These declarations were based on the ground that free negroes were permitted to vote in some of the States, as North Carolina for one. Of course they were a mere pretext, so flimsy as not to veil the real objection from sight of any one. On the 13th of December the resolution to admit Missouri was rejected by 93 to 79. January 4, 1821, Mr, Archer of Virginia offered a resolution to instruct the Committee on Judiciary to in- quire whether there were any legal tribunals in Missouri derived from the authority of the United States, compe- tent to the protection of the property and citizens of the 1 16th Cong., Sess. 2. The Missouri Compromise and its Repeal. 101 United States in Missouri — and, if not, what measures might be necessary for this purpose. This proposition was defeated, although Mr. Archer offered it several times, and spoke very earnestly in its support. Three times the vote was taken on it, and three times it was voted down in one week. And now occurred a very peculiar episode in this con- test for supremacy of power. On January 12th, the first entry in the Journal read : "Mr. Lowndes presented three memorials of the Senate and House of Representatives of the State of Missouri,'''' though not so stated in the Journal. Mr. Cobb (of Georgia) moved to amend the Journal by inserting the words, "the State of" before the word Missouri. After a discussion, in which Mr, Randolph insisted that the Journal should contain the truth, the vote was taken and stood 76 to 76. Whereon the Speaker (Mr. Taylor) declared his vote with the nays, so Mr. Cobb's amend- ment was rejected. Now comes the curious part of the business. Upon examination it was found that the origi- nal entry in the Journal corresponded with the caption of the memorial, but the words had been altered, and the words, "within the said State" had been erased in two places, so as to make the memorial apply not to the purchasers of land "within the said State" but through- out the United States. It was asked if the Clerk had undertaken to make these alterations. The Speaker then stated that "it was the duty of the Speaker to examine and correct the Journal before it was read. ... If, then, it should not be regarded as correct, it is competent for any member to move to amend it, and for the House, should such be its pleasure, to direct it to be amended. In this instance he had thought proper so to correct the Journal as that it should not be taken either to affirm or deny that Missouri was 102 The True History of a State, the House being greatly divided in opinion on that question.' Mr. Rhea then required that the Clerk read the Journal as it was before it was altered by the Speaker this morn- ing. "The Speaker pronounced that it was not in order to read any Journal, as the Journal of the House, but that which had been corrected by its presiding officer."^ A decision which has surely never been surpassed by any congressional Czar whatever ! In course of the debate, John Randolph denounced "the record of our proceedings" as "a paper which con- tains, on the face of it, a palpable and atrocious false- hood." And "Old Tecumseh" asked, "What is Mis- souri? Is it a river? Is it a tribe of Indians?" Richard C. Anderson (of Kentucky) thought: "It is always wrong to fight where you can not but sustain defeat. It is always wrong for a minority to irritate a majority." But the contention went on, despite this lamb-like advice ; vote after vote was taken, the Southern minority being voted down every time, and the question was only closed by the adjournment of the House, and its subsequent refusal to reconsider the subject. "January 16, 1821, Henry Clay of Kentucky appeared and took his seat."^ By this time the excitement on the subject of the re- fusal to admit Missouri had arisen to fever heat. In its intense anxiety the country hailed Mr. Clay's arrival in Washington, whence he had been detained by ill health and business of a private nature, with the utmost enthu- siasm. The people thought if any man could meet and avert the crisis, which seemed so imminent and so threat- ening, that Mr. Clay was that man. And he at once bent his energies to this purpose. Previous to his arrival, Mr. Eustis (of Massachusetts) had offered a resolution to admit Missouri, on the day ^ 16th Cong., Sess. 2, p. 846. " Idem, p. 849. ' Idem, p. 871. The Missouri Compromise and its Repeal. 103 of — , to the Union "upon an equal footing with the original States" in all respects whatever : Provided^ "that the 26th section of the 3d Article," w^hich was the objec- tionable one, "shall, on or before that day, have been expunged therefrom." This resolution was, on the 24th of January, defeated by 146 nays to 6 yeas/ It did not suit either side. The Northern majority were not will- ing to admit Missouri with her slaves on any terms, and the Southern minority did not choose to yield the point of her equal right to make her own domestic regu- lations. "So the resolution was rejected. "After a pause — "Mr. Clay rose and gave notice, that, if no other gen- tleman made a motion on the subject, he should, on the day after to-morrow, move to go into Committee of the Whole on the State of the Union, to take into consider- ation the resolution from the Senate on the subject of Missouri."^ Which, it will be remembered, had been passed with Mr. Eaton's proviso, on the 12th of December. This was the first move made by Mr. Clay toward the Act under which Missouri was afterward admitted. The House had now voted just seventeen times against any thing looking to her admission ; just seventeen times against its own "sacred compact," so-called; just seventeen times against its own act of the previous session, which it now sought to evade by an unworthy quibble, a fallacious pretense — and in utter disregard of that spirit of honor and good faith which should pervade public councils as well as private life, and which most emphatically demanded the keeping in full of the treaty by which Missouri was ceded to the United States — the keeping of it toward the inhabitants of Missouri who had gone there w^ith their property under the protection of that treaty, as well as toward tlie French Govern- 1 16th Cong., Sess. 2, p. 944. ^ Idem, p. 944. 104 The True History of ment to which was pledged our national honor for its observance. On the 29th of January, on motion of Mr. Clay, the House took up the Senate's resolution to admit Missouri. "Mr. Clay delivered his sentiments at large on the present state of this question. He was in favor of the resolution from the Senate, and should vote for the reso- lution, even though more emphatically restricted against any supposed repugnance of one of its provisions to a provision of the Constitution of the United States, the existence of which, however, he did not by any means admit. . . Mr. Randolph renewed his motion to strike out the proviso, and spoke in support of it. . Mr. Sergeant (of Penntylvania) said he should vote for any amendment which should bring the resolu- tion nearer to what he wished, but with a clear determi- nation, for which he would hereafter assign his reasons, to vote against the resolution, however amended." And this was the spirit which animated the greater part of the Northern majority during the entire struggle. Tuesday, Jan. 30th, Mr. Foot (of Connecticut) offered to strike out Mr. Eaton's proviso and insert the fol- lowing : ^^ Provided, That it shall be taken as a fundamental condition, upon which the said State is incorporated in the Union, that so much of the 26th section of the 3d Article of the Constitution which has been submitted to Congress, as declares it shall be the duty of the General Assembly 'to prevent free negroes and mulattoes from coming to, or settling in, this State, under any pretext whatever,' shall be expunged, within two years from the passage of this resolution, by the General Assembly of Missouri, in the manner prescribed for amending said Constitution."^ After some debate, Mr. Storrs (of New York) moved to strike out all of Mr. Foot's amendment after the word 1 16th Cong., Sess. 2, p. 986. The Missouri Compromise and its Repeal. 105 "Union" in the third line, and insert, "And to be of perpetual obligation on the said State (in faith whereof this resolution is passed by Congress) that no law shall ever be enacted by the said State, impairing or contra- vening the rights, privileges, or immunities secured to citizens of other States, by the Constitution of the United States : And provided farther, That the Legis- lature acting under the Constitution already adopted in Missouri as a State, shall, as a convention (for which purpose the consent of Congress is hereby granted) , de- clare their assent by a public act to the said condition before the next session of Congress, and transmit to Congress an attested copy of such act, by the first day of the said session."^ Mr. Floyd (of Virginia) rose to protest against these proceedings. He knew there was "a North and South side to this question ; but gentlemen are mistaken if they imagine our anxiety to admit Missouri so great, that we are willing to trample all the rights of the States under foot to effectuate that object. . . . lam at a great loss to know what has become of the States. They once existed. They once had rights. By what rule is it a free negro of New York has more rights in Missouri than the native free negro of Mis- souri has, or than the same negro has, even in New York? . . .2 ". ' . Mr. Clay then, after an earnest appeal to all parts of the House to harmonize, and forever settle this distracting question to mutual satisfaction," proposed to have the several amendments printed. Which was agreed to. "Mr. Clay then gave notice he should again call up the subject to-morrow." "Mr. Lowndes wished it deferred until Friday next, to give more time. "Mr. Clay said he would compromise with his friend 1 16th Cong., Sess. 2, p. 990. ' Idem, 994. V 106 The True History of for Thursday. He did not like the idea of taking up this question on Friday."" "Mr. Cobb (of Georgia) proposed the following amend- ment, which was also ordered to be printed : "That the Legislature of the State of Missouri shall pass no law impairing the privileges and immunities se- cured to citizens of each State, under the 1st clause of the 2d section of the 4th Article of the Constitution of the United States."^ Thursday, February 1st, on motion of Mr. Clay, the House took up the Missouri resolution and the amend- ments proposed thereto. Each and every amendment was voted down by the majority, notwithstanding Mr. Clay's earnest and animated support of them. Friday, the 20th, Mr. McLane (of Delaware) offered in lieu of Mr. Eaton's proviso : ^'■Provided, That nothing in the Constitution of said State of Missouri shall be so construed as to authorize or make it obligatory on the Legislature to pass any law denying to the citizens of each State any of the privi- leiies and immunities of the citizens of the several States : And 'provided further, That no law of the said State shall be construed to deny to the citizens of each State any of the privileges and immunities of citizens of the several States." After a long debate, which embraced the evils of slavery, the rights of the South, the balance of power, and the nature of the obligations and benefits of the Union, this amendment was defeated by 88 to 79 — Mr. Randolph voting with the Northern majority. Mr. Storrs then renewed, in substance, his amend- ment — it was defeated by 92 to 75, Mr. S. Moore then moved an amendment very much like the others — it only received 56 yeas. "Mr. Clay, then seeing that all effort at amendment had failed, and anxious to make a last effort to settle 1 16th Cong., Sees. 2, p. 995. The Missouri Compromise and its Repeal. 107 this distracting question, moved to refer the Senate's resolution to a committee of thirteen members." This was agreed to, and the committee appointed were five Southern gentlemen and eight Northern ones, Mr. Clay, Chairman. On February 10th, the Committee reported that there existed the same diversity of opinions in the Committee as in the House, but, ardently wishing an amicable termination of the question, they submitted the follow- ing proposed amendment — hoping it might be received in the same spirit in which it had been devised : "Strike out all after the word 'be' in the third line of the Senate's resolution and insert : 'Admitted into the Union on an equal footing with the original States, in all respects whatever, upon the fundamental condition that the said State shall never pass any laws preventing any description of persons from coming to and settling in the said State, who are now, or hereafter may become, citizens of any of the States of this Union : And pro- vided also, That the Legislature of the said State, by a solemn public act, shall declare the assent of the said State to the said fundamental condition, and shall trans- mit to the President of the United States, on or before the 4th day of November next, an authentic copy of the said act, upon the receipt whereof, the President, by proclamation, shall announce the fact ; whereupon, and without any further proceeding on the part of Congress, the admission of the said State into the Union shall be considered complete : And provided farther, That nothing herein contained shall be construed to take from the said State of Missouri, when admitted into this Union, the exercise of any right or power which can now be con- stitutionally exercised by any of the original States.'"^ Mr. Tomlison (of Connecticut) dissented to the report of the Committee on the ground that — "The Legislature of Missouri will be required by the authority of Congress 1 16th Cong., Sess. 2, p. 1080. 108 The True History of to stipulate by a solemn public act, that the Legislature of said State shall never pass a law which their Consti- tution makes it their duty to pass. . . . It is noth- ing less than admitting the existence of a power to abrogate, by a legislative act, the Constitution of a State. "The same Legislature may annul any other part of the Constitution. ... If Congress possess the power to authorize the Legislature of Missouri to alter or amend the Constitution, they can authorize any other body of men to do it." He objected on another score that this act made the President admit Missouri, whereas it was the duty of Congress to do so. He was as anxious to see this distracting question settled as Mr. Clay, but it must be on constitutional principles; "on a fair, just, and constitutional basis." He contended that the requirement of this act "is humbling to Mis- souri. It substantially requires the members of her Legislature perpetually to disregard their oaths." . . . He asks : "But should the Legislature of Missouri al- ready elected . . . submit to this 'fundamental condition,' and 'by a solemn act declare the assent of the said State' thereto, . . . would a subsequent Legislature, acting under the same Constitution, and feeling the obligation of an oath to support that Consti- tution, . . . would they be bound in good faith to fulfill a pledge which their predecessors had no right to make? As honest men, which would control their acts, the unautliorized pledge of their predecessors or the Constitution of the State? . . . I will say that, by violating an unconstitutional stipulation of their prede- cessors, they would not forfeit this character. Sir, the act required of Missouri is a mere legislative act, and a subsequent Legislature may at all times repeal it. It may be called 'a solemn public act,' but words will not change its character ; disguise it as you will, it is noth- The Missouri Compromise and its Repeal. 109 ing more than an act of the Legislature of Missouri, re- pealable at their pleasure."^ So true is the above argument, so apt, and so forcible, it is wonderful that its lesson should not have been con- veyed to the mind of every one who heard it. After an eloquent speech from Mr. Wm. Brown (of Kentucky) , who gave a history of the Missouri difficulty from the beginning, showing very clearly that it was not a matter of humanity or principle, but solely a struggle for power — that it was the same spirit which had animated the Hartford Convention which he de- nounced in forcible terms, but from whose proceedings he exempted "the good people of the New England States" — and closed with a powerful appeal for the ad- mission of Missouri. The vote being taken, the House voted to sustain the amendment of the Committee by 86 to 83. But, upon ordering the resolution to be read the third time, it was voted down by 83 to 80. So the whole resolution for admission, amendment and all, was rejected. The vote was very much mixed up ; some of the Southern men voted against the amendment, but, after that was carried, they voted for the resolution as amended, while some of the Northern men who voted for the amendment voted against the resolution after it was amended. As Mr. Sergeant had declared he should do. John Randolph voted with the Northern men every time — against every amendment and every resolution — on the principle that they were all wrong in principle, and he voted against them, because, like Mr. Tomlin- son, he was not willing to agree to any thing he be- lieved unconstitutional even if forced to vote along with his square out opponents in order to defeat such measures. This amendment of the Select Committee made the seventh which had been rejected in connection with the * 16th Cong., Sess. 2, pp. 1097-1100. 110 The True History of resolution from the Senate, and just twenty-four times that the House had virtually refused Missouri that ad- mission to which she was entitled without condition un- der the Constitution and by every obligation of good faith and national honor. On the 13th, it was decided to reconsider the vote of rejection ; and Mr. Clark (of New York) lets in so much light on the singular state of affairs that we give his re- marks without comment. After referring to the fact that he had, the previous session, supported the re- striction of slavery in Missouri in every instance by his vote, and stating that he would not now consent to ob- serve a Punic faith, even with Missouri, he speaks of the "unparalleled suffering and distress" prevalent in the country, and reproaches Congress for so neglecting all the vital interests of the country in the discussion of the merits or demerits of the Constitution of Missouri. Then he asks: "Sir, upon the supposition that this proposition is rejected, I would solemnly ask gentlemen what will suit them? Will you admit Missouri uncon- ditionally? No. Will you admit her with the con- dition annexed by the Senate? No. Will you admit her by that resolution as amended by your Committee ? No. . . . Sir, the course pursued by this House on this subject is (to say the least of it) most extraordinary. You will neither dismiss it nor decide on it, but you cling to this firebrand of discord with the utmost per- tinacity without intimating what your ultimate object is. Is it with a hope that others will do for you what you wish done, but dare not do? Is it with a hope that you will tire out some of the Northern members so that they will unite with the South upon some plan of admission which will pass, and to which, at the same time, you will have the pleasure to give your negative, and by this means evade the odium which you think will attach to an act which you wish accomplished? . "Sir, this course of policy may serve for a time, but it will not always last. I will never advise a man to be The Missouri Compromise and its Repeal. Ill engaged in an act in which I could not consider myself justified in co-operating. I can not consent, as a mem- ber of this House, to act the part of a waterman, look- ing one way and rowing another." ' Other earnest and impassioned appeals followed. "Mr. Clay concluded the main debate by a speech of about an hour's length, in which he alternately rea- soned, remonstrated, and entreated with the House to settle forever this agitating question, by passing the resolution before it." The House declined by a vote of 88 to 82. So all of Mr. Clay's eloquence, his superior diplomatic talent, his wonderful magnetic personality, failed to effect this measure. Of the 88 nays, one was that uncompromising spirit, John Randolph, who so often voted against his friends, on pure principle. Of the 82 yeas, 14 were Northern conservatives who, like Mr. Clark, were willing to see justice done as far as possible, and were anxious to pre- serve peace. Meantime, the votes for President and Vice-President were to be counted. The Senators and Representatives elect from Missouri had not been permitted to take their seats ; and, some difficulty being apprehended as to the votes of Missouri's Electors, a Special Committee was appointed on the subject, from which Mr. Clay reported that they recommend Missouri's votes to be counted hy- pothetically — that is, if Missouri's votes were counted, the result would be : for A. B., President of the United States, — —votes; if not counted, for A. B., as Presi- dent of the United States, votes ; but, in either event, A. B. is elected President of the United States; and so for Vice-President. After a deal of wrangling and arguing, this method was adopted ; and the President of the Senate an- nounced the vote : 1 16th Cong., Sees. 2, p. 1127. 112 The True History of "Were the votes of Missouri to be counted, the results would be, for James Monroe, of Virginia, for President of the United States, 231 votes ; if not counted, for James Monroe, 228 votes." And so of Daniel Tomp- kins, of New York, for Vice-President. "In either event," James Monroe and Daniel Tompkins had "a majority of the votes of the whole number of electors." So they were declared duly elected- —though under pro- test of members, and in the midst of g^reat confusion. Mr. Randolph declared the whole procseding irregular and illegal, and offered resolutions to that effect — but it was moved to adjourn and the motion carried. This was on the 14th of February. A week after, the 21st, was driven home the wedge which opened the way for the easy passage of Mr. Clay's "solemn public act," and "fundamental condition," which was to be the door by which Missouri should at T^ist enter the Union. This entering wedge was the direct proposal by Mr. Brown (of Kentucky) : "That the Committee on the Judiciary be directed to inquire into the expediency of repealing the eighth section of the Act of Congress, ap- proved March 6, 1820," entitled, "An act to authorize he people of Missouri Territory to form a Constitution and State government, and for the admission of such Jtate into the Union on an equal footing with the orig- inal States, and to prohibit slavery in certain Terri- tories :" "said eighth section imposing a prohibition and restriction upon the introduction of slaves in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of 36° 30' north latitude, not included in the State, contemplated by that act." Mr. Brown supported this resolution in a speech that, for candor, fairness, straightforward honesty, good ocnse, and patriotism, is unsurpassable. No apology is necessary for quoting from it at length. After some preliminary remarks, he speaks of his T/te Missouri Compromise and its Repeal. 113 constituents, and says : "I made them no vain promises of doing, or attempting to do, much ; but I did promise to be faithful and zealous in watching over and preserv- ing their best interests, as far as my liumble qualifica- tions should enable me to do. Owing, sir, to that credulity incident to sincerity and inexperience, I feel myself constrained to acknowledge my co-operation in so managing the subject of Missouri and restriction as to have inflicted upon their interests an extensive injury. My object is to regain for them, by following up the purpose of this resolution, a part of what has been lost by mismanagement. . . . The object of this resolu- tion I never should have favored ; so far from it, that I would have felt myself dishonored by giving it support or encouragement, had not faith been broken by the other party to the compact,' and Missouri been rejected. This having been done, I feel myself at liberty — nay, more, I feel it my imperative duty — to offer this resolu- tion." He states that he had, at the solicitation of Mr. Baldwin (of Pennsylvania) , delayed offering the resolu- tion, hoping that some measure might be originated by which Missouri migh«t be admitted. But he goes on : "I acknowledge that I can see no good ground for an expectation that any thing further can be done. The minority, sir, have urged peace and good will, and have acknowledged and cringed, until I feel myself driven to the wall, and my feelings outraged. There is a point beyond which importunity deserves reproach ;" After stating that he had upon every occasion "consulted the good of the whole," whether North, South, East, or West: "Becoming thus satisfied that kind offices, persuasive arguments, and solid reasoning were appealed to in vain, I frankly acknowledge that I know of no course left more likely to avoid greater evils ^ Mr. Brown recognizes the compromise as a compact, but a broken compact, no longer of any force. Mr. Clark had also seemed to think of it in that light, when he spoke of a " Punic faith." 8 114 The True History of than a mild but unvarying system of retaliation ; under the operation of which different classes and sections of the United States might become convinced, from appeals to their interest, that mutual kindness and a reciprocal spirit of concession ought to influence our councils." He then states why he had not advised with Mr. Clay, his friend and messmate, than whom he had no friend living whose approbation he would more highly prize. Mr. Clay had not yet despaired of something being done, and might have advised the withholding of his resolu- tion — and he preferred to act without his possible appro- bation than against his probable advice. He then de- mands of Congress, "upon the principles of eternal justice," "not for myself, but for one-half of the United States, the repeal of this restriction upon the territory west and north of Missouri. The consideration prom- ised for this restriction has not been paid ; the plighted faith of Congress for the admission of Missouri has been violated ; then take off, at least, the restriction. Give us Missouri without restriction ; or place us in the same situation, by taking it off of the territory in which we were when you entered into the covenant, and gave us the solemn pledge of a law to do so." He refers to the fact that the prohibition of slavery in this territory will amount to the practical exclusion from it of those "who have contributed so largely and most largely to its ac- quisition." He speaks of the theory that in the slave- holding States "manual labor dishonored the hands of freemen." He shows the falsity of this idea — and says that, in the South, "if a poor man goes to the house of his wealthier neighbor, he is met cordially, taken by the hand, and is a welcome guest at the hospitable board. Whereas, in the North, the poor and miserable whites are employed in all the servile round of duties from the stable to the kitchen ; and often stand trembling in the presence of their august employers, in practice and truth their masters." "Thus the poor laboring white man is degraded and dishonored in the non-slaveholding States ; The Missouri Compromise and its Repeal. 115 whilst in those of the opposite character he is saved and redeemed by the intervention of the blacks." Speaking of the non-slaveholding States, he says : "We never have, and never will, submit to have our natural and Constitutional rights revised and qualified by them ; we deny their authority to catechise us, and to fulminate their denunciations against our principles of morality, religion, or honor. . . . Sir, I wish it understood that I am no friend of African slavery, . . . and I will pledge myself to go as far as most men for its amelioration or abolition. But I owe higher obligations to the white population of the United States, particularly to those who have sent me here ; to my friends and family, than those which I feel, or ought to feel, for the black. Mr. Speaker, it should never be forgotten that, according to the laws of the slaveholding States, slaves are property, and protected by the Constitution of the United States." He then relates his interview with the post-rider, who had told him the year before that he had been " Yankied " "by giving up the restriction on the Territory for a right to which Missouri was entitled without it." He imagines the question this honest fellow will ask him — on his return home — and how he will have to answer that it "had been the opinion of a majority that they could not trust to the Constitution of the United States to weigh against the Constitution of Missouri." The inquiry will then be made, "Whether, as the first sec- tion of the law which provides for the admission of Missouri had been violated, the last section of the same law, which imposed the restriction as the consideration of the admission of Missouri, had not been repealed? " The point could hardly have been presented more forcibly than in this imaginary question. Mr. Brown's proposal to repeal the 8th section did not pass, but it produced an effect that nothing else had done. On the next day, after this stirring appeal backed by the resolution to restore their right in the territories to the Southern people, Mr. Clay proposed that a Commit- 116 The True History of tee on the part of the House be appointed to meet with a like Committee from the Senate, and to report "whether it be expedient or not to make provision for the admission of Missouri into the Union on the same footing as the original States, and for the due execution of the laws of the United States, within Missouri ; and, if not, whether any other, and what provision, adapted to her actual condition, ought to be made by law." The resolution offered by Mr. Clay passed in the af- firmative after about an hour's debate — yeas, 101, nays, 65, About 10 or 12 of the 55 nays were Southern votes —Mr. Randolph of course making one — Butler, Ed- wards, Floyd, Garnett, Johnson, Jones, Nelson, Parker, Randolph and Williams were all Southern men, and all voted nay. It will be remembered that Mr. Archer's proposition to the very same effect as Mr. Clay's, had been voted down three times in one w^eek — but Mr. Brown had not then proposed to repeal the Missouri Compromise, so- called. Mr. Clay then moved that the Committee consist of twenty-three members, to be elected by ballot, pursuant to the rules of the House, which was done. Seven gentlemen from the Senate met with the House Commit- tee, and on the 26th of February, Mr. Clay reported from the joint Committee, the follow^ing resolution -} ^^ Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That Missouri shall be admitted into the Union on an equal footing with the original States in all respects whatever, upon the fundamental condition that the 4th clause of the 26th section of the 3d Article of the Constitution submitted on tlie part of said State to Congress shall ' Which, it will be observed, omits that clause which retains for Mis- souri "the exercise of any right or power which can now be constitu- tionally exercised by any of the original States." Otherwise, it was the same in substance as the resolution reported by Mr. Clay from the Com- mittee of Thirteen. The Missouri Compromise arid its Repeal. 117 never be construed to authorize the passage of any law, and that no law shall be passed in conformity thereto, by which any citizen of either of the States in this Union shall be excluded from the enjoyment of any of the privileges and immunities to which such citizen is entitled under the Constitution of the United States : Provided, That the Legislature of said State, by a solemn public act, shall declare the assent of the said State to the said fundamental condition, and shall transmit to the President of the United States, on or be- fore the fourth Monday in November next, an authentic copy of said act ; upon the receipt whereof the Presi- dent, by proclamation, shall announce the fact ; where- upon, and without further proceedings on the part of Con