h "** . <^^ , « c , *V o"^ Jo \0 "-^^o^ ;'v7^?3 ^^-^^^ •> .^" .f ^^. ' .V ^ A ^' 'S '^^ ^ \^^.* J' % .-, 4 O ^^ -^^ ^' 0). r* '-1^. <> S" v' I s MILLARD FILLMORE -A^isr L I T I O N I S T ! LAMSRICAN PA4^RI0T OFFlCEj , No. 32 Coiiprress Street, 1856i PREFACE. T\ the foUowiii"' pafj^ 'v^'iH t)e found the -whole, except a modicum devoted to Mr. Bu- clianan of a pamphlet issued from the otHce of the " Washington Union," well known as the organ of the ultK Southern Democracy. We have omitted t^'°''*^ portions relating to the record of Mr. Buchanan's action in con- ^rtlon with the subject o^ Slavery, for the sake of brevity, and because we considered that i" Massachusetts at ^^^st, the contest lay so entirely between Mr. Fillmore and Col. Fre- mont that it would ^^ ^^'"^ ^^^^> ^^ 8^ "^^*^ ^^^' Buchanan's history here. Enough for us is it tl-at he is suftlcV'''tly Southern for the most ultra Southerner. Althou"-h we print only that portion devoted to the annihilation of Mr. Fillmore, as an A bolitionist, yet we give the title page entire and the few opening remarks, to show dis- * actly whence the document emanates, and what are its objects ; the jiosition it assumes 1 id attempts to make good ; and also the spirit in which it proceeds, or would have it un- ?rstood it proceeds, to the work in hand : and we give the peroration because we could not ■el that we were justified in withholding from the public so sublime a specimen of child- ke confidence, of ingenious companson, and of ENLARGED calculatiox. We mu«t however most respectfully enter our protest against this fashion of electioneer- 1"-, by comparing the candidates with Washington. If Col. Fremont is to be like him, be- iuse he was a Surveyor, and Mr. Buchanan because he has no children, y;e would with all umility suggest that no candidate can hereafter arise, who may not in some equally impor- • uit particular resemble the Father of his Col"N'1"IIY ; and we shall soon have a calendar < f saints equal to that enjoyed by the Catholic Chm'ch herself. We would moreover take the liberty of hinting that if it should please Providence to Touchsafe to our much favored country a second Washington, the whole world will acknowl- edge the fact, without troubling jjoliticians to proclaim and prove it by any such marks as these. Whether the proof of Mr. Fillmore's abolitionism in the annexed, is as comincing to our Northern readers, as its editor evidently thinlis it will be to his Southern friends, is a ques- tion which every one must decide for himself. "We can only say that to us it seems clear, that the man who is condemned by the fire-eaters and ultra-pro-slavery men of the South, as an abolitionist, and by the Abolitionists and dismiion fanatics of the North as a friend of slavery extension, occupies exactly tht;t noble, moderate, conservative position towards which the eyes of all true lovers of tlieir country maj- turn with confidence in tliis hour of trial. "\A e wish it distinctly understood that the appendix containing the Kcord of Mr. Fre- mont's action, and some other matter M'hile in the Senate of the United States, is added by ourselves, and forms no part of the document we are undertaking to quote. "We give it, that those who insist that the slavery question is the only one to be settled at the coming tMr. Fremont is the only and the true exjjonent of their anti-slavery sen- njiare the authentic records of the two candidates. THE AGITATION OF SLAVERY. WHO COMMENCED AND HO CAN END IT? BUCHANAN AND FILLMORE COMPARED FROM THE RECORD. Notwithstanding all the \\Tong that has been done, not another slaVe State san coms into the Union. "^HoN. Wm. H, Seward. WASHi^CGTOxV: titlN'TED AT THE UJ<10N OFFICfi* 1856, SOUTHERN RECORD OF BUCHANAN AND FILLMORE COMPARED. S;) important is it for the Sout:'i to determine which of ih'^ two condidatr^g row seeking its suffrages has aiveri the best evidences of his fidelity to its right'', that we must examine in detail — 1. Their recorded antecedents upon the subject of slavery. 2. The present position of each of these candidates u|)on that subject. 3. In making the comparison and investipalion proposed, we shall treat the distinguish- ed subjects with respectful freedom. We intend to throw no unworthy imjjutation upon either. We concede that the personal integrity of each is unimpeachable, and in no manner involved in the present issue. ♦ « « » • RECORD OF MR. FILLMORE UPON THE SLAVERY QUESTION. The earliest autheniio avowal of Mr. Fillmore's opinion upon the subject of slav- ry is to be founil in the following answer to a letter of inquiry addressed to him by "Tlie Anti- Si ivery Association of the County of Erie." Tlicse opinions, We shall subsequently show, have never been disavowed or recanted. " BtJFFALo, October 17, 1S3S. " Sir : Your communication of the 13th instant, as chairman of the committee appointed by ' The „inti- Slavery Society of the County of I^rie,' has just come te hand, i ou so- bcitmy answer to the following interrogatories : '• 1st. Do you believe that petitions to Congress on the. subject of slavery and the slave-trade ought to be received, read, and respectfully considered by the representatives ot the people ? ''2d. Are you opposed to the. annexation of Texas to this Union, under any circum- stances, so long as slaves are held therein ? " 3d. Are you in favor of Con^iress exercising all the constitutional powers it possesses to abolish the internal slave trade between the States ? "'Uh- Are you in favor of immediate legislation for the abolition of slavery in the Dis- trict of Cnlnmbia? "■^Answer. — I am much engaged, and have no time to enter into argument, or explain at length my reasons for my opmion. I shall therefore content myself lor the present, by an swering ALL yonr interrogatories in the AFFIRMATIVE, and leave for some future oc- casion a more extentied discussion on tiie subject. "I vvolU i, however, lake tiiis occasion to say, that in thus frankly giving my opinion, 1 would not d sire to have it understood in the nature of a pledge. At the same time that I seek no disguises, but freely give my sentiments on any subject of interest to those for whose sulfrHges I am a candidate, I am opposed to give any pledge that shall deprive me hereafter of all discretionary power. My own character must be the guaranty for the gen- eral correctness of my legislative deportment. On every important suiiject I am bounl to deliberate befire I act, and especially as a legislator — to possess myself of all the informa- tion, and listen to every argiunent that cm be adduced by my associates, belbre I give a final vote, if 1 stand pledged to a particular course of action, I cease to be a responsible agent, but I become a mere machine. Should subsequent events show, beyond nil doubt, lliat the course I had become pledged to pursue was ruinous to my constituents anl dis- graceful to myself, I have no alternative, no opportunity f r repentance, and there is no power to abs.-lve me from my obligation. Hence the impropriety, not to say absurdity, in my view of giving a pledge. " I am aware that you have not asked any pledge, and I believe I know your sound judgment and good sense too well to thinjc you desire any such thing. It was, liovvever, to prevent any misrepre-entation on the part of others, that I have felt it my duty to say thus much on this subject. " I am, respectfully, your most obedient servant,! MILLARD FILLMORE. "W. Mills, Esq., ChairmanP It is proper to state that Mr. Fillmore, when pressed at the South, in the canvass of 1S4S, upon the monstrous doctrines of this letter, wrote to Governor Gayle, of Alabjma, the following explanation of his position upon the questions involved in his reply. We publish the Gayle letter in full. " Albany, July 31, 1S48. f "Dear Sir : I have your letter of tne 5th instant, but my otlicial duties have been so pressing that I have_been compelled toneglect my|private correspondence. I had also deter- mined to write no letters for puMication bearing upon the contest in the approaching can- vass. But, as yon desire some inlorination for your own satisfaction, in regard to the char- ges brouEtlit against me from the bouth, on the slave question, 1 have concluded to state briefly my position. "While I was in Congress, there vas much agitation on the right of petition. My votes vill liouljtless be found recorded uniformly in favor of it. The rule upon which 1 acted \va<5, that every citizen presenting a respectful petiiion to the body that by the consritution had ilie power to grant or refuse the prayer of it, was entitled to be heard ; and therefore the petition ouiht to Ije received and considered. If right and reasonable, the prayer of it should be granted ; but if wrong or unrensonable, it shotdd be denied. I think all my votes, vhcthcr on the reception of petiiions or the consideration of resolutions, ivill be found consis- tent with this rule. [Our italics. I " I have none of my congressional documents here, they being at my former residence in Bulfalo, nor have I access to any papers or memoranda to refresh my recollection; but I think at some time while in Consiress I took occasion to state, in substance, my views on the subject of slavery in the States. Whether the remarks were reported or not, I am unable to s»y; but the substance was, that I regarded slavery as an evil, but one with which the national government liad nothing to do — that by the constiiution of the United ^states, the whole power over that question was vested in the several States were the instituiion vas tolerated. If they regarded it as a blessiuL', they had a constitutional right to enjoy it ; and if they regarded it as an evii, they liad the power, and knew best how to apply the remedy. I did not conceive that Congress had any power over it, or was in any way responsible for its continuance in the several States where it existed. I doubt not that all my acts, public and private, will be lound in accordance with this view. " I have the honor to be, your obedient servant, "MILLARD FILLMORE. "Hon. John Gayle." In this response there are some errors of fact, or of memory, and an entire failure to deny the power of Congress over the subject ol slavery in the District of Colijmbia and the Territories. This constituted the very gist of objection to the Erie letter. The (jJayle let- ter denies the power of Congress over slavery 'in the States where it existed ;'' nothing moic. But upon a review of this letter, of his votes, and bubsequent :!ondnct while a mem- ber of Congress, we are compelled to assert that Mr. Fillmore stands recorded and proven, by contemporaneous testimony, to have been one of the fathers and founders of that aboli- tion agitation which ho now so much con(:emiis. Tlie following votes will show that Mr. FiUmore was mistaken when he said, in 1S4S, "the ruie upon which I acted was, that ev- ery citizen presenting a respectful petiiion lo the body that by the constitution had the power to grant or refuse the prayer of it, was entitled to be heard." •'! think," he adds, "all my votes, whether upon the reception of petitions or the consideration of resolutions, [our itilics,] will be found consistent with this rule." He votes lo receive and ref r abolition petitions : •'December lli, 1837, Mr. Adams presented a petition praying the abolition of the slave trade in the District of Columbia, and moved that it and others be referred to the commt- tee on the District of Columbia, with instructions to consider and report thereon. Mr. Wise moved to lay that motion on :he table— yeas and nays ordered on tliat question — yeas l.■^5, nays 70 Adams, Fillmore, Slade, Giddings, & Co in the negative."— Con^:. Globe, vol- 6, p. 19. ■ ^ rr ■ e "Mr. Adams then presented a petition for the abolition of slavery in the Territories o. the United States, and moved its reference to the Committee on Te;rritories. Mr. Wise rroved to lay the motion on the table— yeas and nays ordered — yeas 137, nays 73. Adams, FilliTiore, Giddings, Slade & Co. in tiie negative."— Cong. Globe, vol. G, p. 20. In this case the right of petition is confounded with tlie proposition to report for legisla- tive consideration. It is iinposible to assert with vvliat motive Mr. Fillmore advocated the reception ; but His vote against receiving the Atherton resolutions is more explicit upon that point : On the 11th December, 1S38, (Cong. Globe, vol. 7, p. 23,) Mr. Atherton asked leave to submit the following resolutions ; '• Resolved, That this government is a government of limited powers, and that by the cnnsiitulion of the United Slates, Congress has no jurisdidtion whatever over the institution of slavery in the several States of the confederacy. " Resolved, That petitions for the abolition of slavery in the District of Columbia and the Territories of the United Stales, and against the removal of slaves from one State to anoth- er, are a part of a plan of operations set on foot to etlect the institution of slavery in the several States, and thus indirectly to destroy that institution within (heir limits. "Resolved, That Congress has no right to do that indirectly, which it cannot do directly ; and that the agitation ol the subject ot slavery iu the District of Columbia or the Territo- lies as a means, and with a view of disturbing or overthrowing that institution in the sev- eral States, is against the true spirit and meaning of the constitution, an infringement of the right of the States affected, and a breach of the public faith upon which they entered into the confederacy. " Resolved, That the constitution rests on the broad principle of equality among the mem- bers of this confederacy, and that Congress, in the exercise of its acknowledged powers, hag 6 no right to discriminate between the institutions of one portion of the States and another, with a view of abolishing the one and promoting the other. " Resolved, therefore, That all attempts on the p;irt of Congress to abolish slavery in the District of Cohimhia or the Territories, or to prohibit the removal of slaves from state to state, or to discriminate between the institutions of one portion of the confederacy and an- other with the views aforesaid, are in violation of the constitution, destructive of the funda- mental principle on which the union of these States rests, and beyond the jurisdiction of Congress ; ami that every petition, memoiial, resolution, proposition, or paper, touching or relating in any way or any extent whatever to slavery as aforesaid, or the abolition thereof, shall, on thf! presentation thereof, without any further action thereon, be laid upon the table without being debated, prmted, or referred." Mr. Atherton moved a suspension of the ryles — yeas and nays ordered — yeas 137, nays 66. Adams, Fillmore, & Co., in the negative. This vote, against the "leave to submit," is inconsistent with the principle avowed in the Gayle letter ; for even if he had determined to vote against the resolution upon its merits, he was bound to have voted for the reception, because every citizen "presenting a petition [or resolution] to the body that by the constitution had the power to grant or refuse the prayer of it, tvas entitled to be heard." But there is another evidence of inaccurate recollection, combined with an endorsement of the most dangerous and abominable doctrines, presented by — His vote upon the case of the Crp.ole slave mutiny and murder : This case was presented to Congress March 21, 1842. — See Cong Globe, vol. 11, p. -342. The brig Creole, bound from Richmond, Va., to New Orleans, was freighted, among other things, with a large lot of negroes, who mutinied in a storm, killed the captain, several of the crew and passengers, and compelled some of the officers of the vessel to take her inio Nassau, N. P., one of tlie British West India islands, where the negroes were taken care of and set free by the authorities of the island. This case was the subject of Congressional action in both hous°s of Congress, and of negotiation with Great Britain. The most intense feelin<.' was manifested all over the Union, and particularly in the South. 'During the pendency of the excitem"nt, the notorious abolitionist, J. R. Giddings, offered a set of resolutions, justifying the negroes in their mutiny and murder, and approv- ing of their course, denying that said negroes had violated any law of the United States ; stating that they had incurred no legal penalty, and are justly liable to no punishment ; and that all attempts to regam possession of, or to re enslave said persons, are unauthorized by the constitution and prejudicial to tlie national honor." We ann^-x them, ommitting the first three • " Resolved, That slavery being an abridgment of the natural rights of man, can exist only by force of positive municipal law, and is necessarily confined to the territorial jurisdiction of the power creating it. "5. That when a ship belonging to the citizens of any state of this Union leaves the wa- ters and territory of such state and enters upon the hii^h seas, the persons (slaves) on board cease to be subject to the laws of such state, and thenceforth are governed in their relations to each other by, and are amenable to, the laws of the United Stales. "6. That wiieii the brig Creole, on her late passage to New Orleans, left the territorial jurisdiction of Virginia, the slave laws of that state ceased to have jurisdiction over the persons (slaves) on board said brig, and such persous become amenable only to the laws of the United States. " 7. That the persons (slaves) onboard said brig, in resuming their natural rights of per- sonal liberty, violated no law of the United States, incurred no legal penalty, |and are justly liable to no punishment. "8. Thatall attempts to regain possession of, or to re-enslave said persons, are unauthor- ized by the constitution and laws of the United States, and are incompatible with our nation- al honor. " 9. That all attempts to exert our national influence in favor of the coastwise slave- trade, or to place this nation in the attitude of maintaining a commerce in human beings, are subversive of the rights and injurious to the teachings and interests of the free States, are unauthorized by the constitution, and prejudicial to our national character. A motion was made that the resolutions do lie on the table — yeas 52, nays 125, — Mr. Fillmore & Co. voting in the negative. This could not be considered a test vote ; many members who were oppossd to the resolutions voted against the motion, in order to kill them by a direct vote. j\Ir. Fillmore's views; however, will appear by what followed. Mr. John Minor Botts, on the same day. offered the following preamble and resolution : " Whereas the Hon. Joslma B. Giddings has this day presented to this House a series of resolutions touching the most important interests connected with a large portion of the Un- ion, now a subject of negotiation between the United States and Great Britain, of the most delicate nature, the result ofwhich may eventually involve those nations in war; and whereas it is the duty of every good citizen to discountenance all efforts to create excitement, dis- satisfaction, and division among the people of the United States at such a time, under such circumstances ; and whereas mutiny and murder are therein justified and approved, in terms shocking to all sense of law, order, and humanity ; therefore, '• Ecsolved,--T hat this House holds the conduct of the said member as altogether unwar- ranted and unwarrantable, and deserving the severe condemnation of the peo]de of this country, and of this body in particular." On these resoliuions a motion was made to suspend the rules — yeas 12S, nays 68. Fill- more voted nay, with Adams, Giddings, and Slade. Two-thirds not voting in the affirma- tive, the rules were not suspt-nded. ^ The call for resohitions still resting with the State of Ohio, Mr. Wcller offered Mr Bott s resolution as his own. In the discussion which then took place, Mr. Fillmore appeared as the specinl apologist and defender of his cow/rcre, Giddings, who seems to have been as closely alhed to hjm in feelinLis as we have shown him to have been in votes. Mr. Adams then moved to lay the whole subject nn the table — yeas 70, n^iys 125 — -Adams, Fillmore, & Co. in the affiimaiive. The direct vote was then taken on the resolution cen- suring GiddiniS— yeas r.25, nays 69— Fillmore & Co in the negative. The vote was next taken'on the preamble— yeas 119, nays 66— Fillmore & Co. again in the negative.— Cfl»j . Globe, vol ll. pp 315- 6. On the l3Lh December. Mr. Wise asked leave to submit the followina resolutions, as pro- positions containing his sentiments, and what he believed to be the real teniiments of the whole South : r r \ " I. Resolved, That Con:ires5 has no power to abolish slavery in the Disfnr-t ot V^olum- bia, or in the Territorie*- of the United States ; whether such power in the snid Oistnct be exe'rcised ' as a means or with the view of disturbing and overthrowing slavery m the States , or not. " 2. Rrsolved, Tliat Congress has no power to abolish the slave trade or prohibit th» re- moval of slaves between the Stales and the District of Columbia or Territories of the Unit- ed States. ■ r V " 3. Resolved, That Congress cannot receive or consider petitions tor the exarcise ot any power whatever over the subject of slavery which Congress does wnl poss'^ss. "4. Resolved, That the lau-s of Congress alone govern in prescribing and regnlatingthe mode and manner in which ftigitive slaves shall he apprehended, and their rights to tree- dom held in the non si iveholaiiii,' Siates, District of Columbia, and Territories ; and the mode and manner in which they^shall be restored or delivered to their owners in the slave States. 1 r • r "5. Resolved, That Congress has no power to iinposf- upon any State the abohtion oi slavi-ry in its limits, as a condition of admission ino'this Union " 6. Resolved, Ti.at the citi^iens of the slaveholding Stit-s of this Union have the con- stitutional right v.dimtarilv to take their slaves to or through a no l-slaveholdin< State anrt to sojourn or retniin tempovarilv with such slave* in the s iin% and the slaves are not there- by ipso facto emiueipUed.; and the general government is constitutionallv bound to protect the rights of slaveholding States ; an.l the laws of non-slaveholding States m coallict witU the laws of Congress providing such protection are null and void. Several members said, '• Object to them." , Mr. Rives did so ; and#Mr. Wise moved a suspension of the rules calling for the yeas and nays; which being ordered, were— yeas US, nays .90— Fillmore in the negative.— ^ee Co»i. Globe' p. 33 ; House Jour., p. 799- So the motion to su-pend WIS decidedfm the negative. (>n the 13th December, 1S33, Mr. Slade asked leave to submit the following resolutions : " Whereas there exists, and is canied on between the ports in the District of Columbia and other ports of the United States, and under the sanction of the la^vs thereof a trade in human bein2:s, whereby thousands of them are annually sold and tra.. sported from saul District to distant parts of the coantrv, in vessels beioiigina to citizens of the Umted btates ; and, wh'-reassuch trade involves an'ontrageous violation of human rights, is a disgrace to the country by whose laws it is sanctioned, and calls for the immediate interpret .tion ot legislative authority for its suppression ; theretbre, to the end that all obstacdes to the con- sideration of this subject may be removed, and a remedy- for the evil speedily provided. " Resolved, That so much of the rifth of the resohrions on the subject oi slavery, passed by this House on the 1 1th and 12th of the present month, as relates to the 'removal of slaves from State to State,' and prohibits the action of the Hous- on 'every petition, niemoruil, resolution p.oposicion. or paper touching' the same, be, and hereby is rescinded. Objection being made, Mr. S. moved a suspension of the rules^ and demanded the yeas and nays ; wluch being ordered, were— yeas 35, nays 157-Mr. Fillmore voting m the af- sTj^lhrHouse refused to suspend the T»\es.— Sec Con. Globe, p 99; House Jour. p. 75 On the 31st Dece.nber, 1&39. 1st Session, 26th Congress, Mr. Coles moved a suspension of the rules fur the purpose of*ofrering the fdlo«'ing lesohition . . ''Resolved. That every petition, memoiial, resolution, proposition, or paper, touching or relatinir in any way. or to any extent whatever, to the abohtion of si .very m the Slates ol this Union, or either of them, or in the District of Columbia, or in the I erritorie. of il^e Umted S.ates, or either of them, or the removal of slaves from one State to another, s.ia I, or the presentation thereof without any further action thereon, be laid upon tne table wiiu- nut beio" debated, printed, or relerred. _,. Upon which the yeas and navs were called, and were-yeas 87, nays 8l-Mr. Fillmore m the negative— iSee Cow. Globe, p. 93 Hnise Jour, p. 153. On the 13tli Jannary, 1S40, Mr. Lincoln, of Massachusetts, presented petitions praying for tlio abolition of slavery and the slave trade in the District of Columbia, and in the Ter- ritories of the United States. . , . 1. , , , . •, Mr Cave Johnson moved to lay the question rf reception on the table ; which was de- cided in the afhrmative—ye-as 131, nays &&— Mr. Fillmore voting in the negative.— See Con- Globe, p. W.^; House Jour., p. ^OA:. _ , ,. . ^ , . . ,, To show the excitement prevailin>;:,upon the discussio i of these questions, a certain Mr. Peck (an ah:)litionist) thus taunted ti.ose northern men who voted for sectional harmony, when the vote was about being taken on laying; Mr. Cole's resolution on the table : "Now come up you southern slaves, and show yourselves." On all occasions upon this subject, we find Mr. Fillmore voting with Mr- Peck. On the -iSth, the famous 21st rule was adopted, as follows : "That no petition, memorii.l, resolution, or otiier paper praying the abolition of slavery in the District of Colambia, or any State or Territory, or the slave trade between the States or Territories of the United States in which it now exists, shall be received by this House, or entertained in any way whatever." The qm stion whs taken on its adoption, and decided in the affirmative — yeas IM, nays lOS— Fillmore in the neg.itive.— Con. Globe, p. 151 ; Hoitse Juur., p. 241. HE VOTES TO RECEIVE ABOLITION PETITIONS. On the 30th of December, ISSO, a resolution was oli'ered by Mr. Wise, declaring that the petitions for the abolition of slavery in the District of Columbia, in the Territories, or of cb« slave Trade between the States, should be objected to without debate. Jlr. Wise said, if he thought there woidd be any objection to the passage of the resolution, he would call for the yeas and nays. Mr. Fillmore rose and said, he objected. The vote oil motion to ?nsi)etid the rules stood— yeas 109, nays 77. Adams, Fillimoke & Co. in the negative —Cong. Globe, vol. 8, p. S97. On the 23d of December, 1S40, Mr. James, of Pennsylvania, asked leave to present a pe- tition from an antl-sla>ery society of his State. He also moved a suspension of the rules to enable him to present it. Mr. Johnson moved to lay the motion to suspend on the tables yeas 99, nays S-i. Adams, Giddings, Fillmore & Co. voting in the negative.— Con^. Globe, vol. 9, p. 51. On the same day Mr. Rice submitted a series of resolutions, denying the right of Congress to interfere with slavery in the liistrict of Columbia, in the Territories, or with the slave trade between the States, and resolving not to consider any petition, &c., for that purpose ; motion to suspend the vote stood— yeas 106, nays 82. Adams, Fillmore & Co. in the neg- ative. On the 14tli, Mr. Thompson, of South Carolina, moved a suspension of the rules to ena- ble him to oiler the following resolutions : Resolvtd, That upon the presentation of any memorial or petition praying for the abolition of slavery or the slave trade in any District, Territory, or State of the Union, and upon the presentation of any resolution or paper, shall be considered as objected to, and the question of its reception shall be laid upon the table, without debate or further actiori thereon. The question was taken on the motion to suspend the rules, and decided in the negative ; yeas 123, navs 77 • there not being two-thirds voting in the aflirmative. Fillmore in the negative!— (See Congressional Globe, page 121 ; House Journal, page 20t3.) March 3U, 1840, Mr. Marvin, of New York presented a petition to rescind the rule reject- ing abolition petit'ions. Motion to lay it on the table — yeas 84, nays 49. Fillmore, Adams & Co. in the negative. — Cong. Globe, vol 8, p. 295. There is yet a further evidence that Mr. Fillmore's impaitialiify consisted rather in his le- colleotions than in his votes. On December, 9, 1840, JMr. Adams offered the following resolution: Resolved, That the standing rule of this House, No. 21 adopte.l on the 28th of January la.'t, be, and the sanie is hereby rescinded. Mr. Jenifer, of Maryland, moved to lay the resolution on the table. After some convers I'tion on the subject, the yeas and nays pn the motion to lay on the ta- ble were then ordered, and being taken, resulted as follows : yeas 82, nays 58. Amongst the nays are — Adams, Fillmore, Slade, Peck, and 54 others. bo the resolution was laid on the table, (Sea Cong. Globe, page 12 ; House Journal, page 8. ) ... On the 21st January, 1841, Mr Adams presented and moved the reference of ^ petition, askinu' the abolition of slavery in the District of Columbia, and hi the Territorid«^» also, that no nciv Territory tolerating slavery may be admitted into tlie Union. Mr. Conuur moved to lay that portion of the petition which came under the standing rule on the table. Mr. Adams asked how that was to be done, for the petition must then necessarily be cut in two. Mr. Warren, of Georgia, observed that, if the petitioners thought proper to attach objec- tionable matter, not receivable by the House, to their jjetiiion, they ouglit not to coinp , ■ , On the 5ih June, ISll, the main question was put upon Mr. Adams resolution, to repeal the rule excluding abolition petitions — yeas lOG, nays 110. Messrs. Adams, Giddings, Fill- more & Co., voting in the affirmative. (Congressional Globe, vo\. 10, page 5(). January 4, 1S42, a motion was made to lay Mr. Adams' abi.lition petition on the table — yeas 115, nays S4. Messrs. Adams, Giddings Fillmore & Co., voting no. The speaker then announced that there were many other similar peti ions not disposed of. Mr. Gamble moved that they all lie on the table— yeas 103, nays 87. Messrs. Adams. Giddings, Fill- more & Co., voting in the negative. (Congressional Globe, vol 11, pages 90, 91.) On the 21st January, Mr. Adams presented a petition from a number of citizens of Mas- sachusetts, stating that by law no foreigner of color can now become a citizen of thn United States, and hold real estate therein ; and praying that the naturalization lavys may be so amended as to permit free colored foreigners to become citizens of the United States, and to hold real estate. . ,, , . . , . . i .i » Mr. Wise raised the question of reception on the above petition, and moved to lay tliat question on the table. Mr Calhoun of Massachusetts, asked the yeas and nays, which were ordered, and being taken, resulted as follows : yeas 115, nays 68. Fillmore in the negative. (See Co?igres- sioHa/ GZo6e, page 158 ; House Journal, 259 ) ,, , , „ , ,■ On the 12th December, 1S42, 2d session, 27th Congress, Mr. Adams called up Ins resolu- tion, rescinding the 21st rule. . . , , ^ tvt , ,. Mr. Wm. Cost Johnson said, if the resolution of the gentleman from Massachusetts was thus to obstruct the public business, he would move that it be laid upon the table. The yeas and nays being ordered, resulted as follows : yeas lu6, nays 102. Fillmore in the negative. (See Congressional Globe, page 42; House Journal, page 3S.) _ He v'otes to receive the resolutions of Mr. Slade, pronouncing the sale of slaves in the Dis- trict of Columbia piracy. On the 3d day of January, 1843, Mr. Slade moved the following preamble and resolutions : , , , ,, ,ro„ i r • " Whereas, by a law of the United States, framed on the l5th May, 1S27, the foreign slave trade is declared to be piracy, and is made punishable by death ; and whereas there is. and has long been, carried on in the District of Columbia, within sight of the balls of the 10 two honsps of Congress, an^ the rpsidence of the Chief Executive ^Ta^istrate of the nation, a tradi; in mm, involvint; all the principles of outrage on hum;in rii^dits which char>icterize the foreicn slave trade,'' and which have drawn upon il tlie maledictions of the civilized world and sdirinatized those encased in it as the enemies of the race ; and whereas the trade thus nxistin;^ in this District is ags^ravated in enorm ty by reason of its bein^' carried on ill the heart ol\ nation whose institutions are based upon the principle that all men are creat-d equal, and whose laws have in effect proclaimed its great and superlative iniquity ; at^eravati'd, moreover, by its outratre on the sensibilities of a Christian community, by sun- dering' ti'e tics of Christian brotherhood, and by the anguish of its remor-^dcss violation of ail the do n. Stic, relations, rendered the more deep and enduring by the hallowinu influence of the Christian re.ijon upon those relations and by the increase of strer ath which it gives to the domestic affections ; and whereas this trade in human beings is carrie.l on under the authority of 1 iws enacted by the Congress of the United States, thereby involving the pec- pie of all the States in its guilt and disgrace — a gnili and disL'rnce enhanced by the consid- eration that those laws are a virtual usurpation of power, the Constitution of the United States having conferred upon Conaress no riglit to establisli the relation of slavery, or to SANCTION AND PROTECT THE SLAVE TRADE, IN ANY PORTION OF THIS CONFEDERACY : therefore, resolved," &c., he. ,,,,., On motion to suspend the rules so as to receive the preamble and resoIiUion, the vote stood yeas 73, nays 109 ; Messrs. Adams, Fillmoke, Giddings, Slade, &c., voting in the af- firmative. — Congressional Globe, vol. 12, p. 106. He votes to receive a resolution rt-peHbng the territorial law of Florida prohibiting the im- mi'-ration of free negroes into that Territory. Attain : on the 3rd January, 1S43, Mr. Morgan presented a resolution instructing the Com'niittee on Territories to inquire into the expediency of repealing an act passed by the territorial legislature of Florida, entitled "An act to prevent the future migration or emi- o-ration of free negroes and mulattoes into said Territory," or to so much thereof as im- posed a capitation tax on such of them as may enter said Territory, and authorizes their sale for ninety years for the non-payment of said tax. Black moved to lay the resoluiion on the table — yeas 113, noes 90. Fillmore voted in the negative. On the 22dof February, Briggs, of Massachusetts, asked leave to submit tlie following resolution : Whereas all lawc 'passed by the governor and legislative council of Florida are in full force until disapproved of by Congress, therefore — Resolved. That the Committee on the Judiciary be instructed forthwith to report the fol- lowiiiii b 11 : • J. 1 TT ■ 1 CI ^ „ Be it enacted by the Senate and House of Representatives of the United States nf .America in Con'rress assembled, That an act passed by the governor and legislative council of the Territory of l-'lorida, approved by the saiil governor on the 5th .Vlarch, 184-3, entitled " An act to prevent the future migration of free negroes or mulattoes to this Territory and for other purposes" be, and the same is hereby disapproved, and shall henceforth be of no Briggs asked a suspension of the rules^yeas 66, nays 105. Fillmore yea, in favor of Briggs— Cong-. Globe, vol. 12, p. 337. On the 3d January, 1843, Mr. Moigan presented a resolution mstructmg the Committee on the Territories to inquire into the expediency of repealing an act passed by ihe territo- rial legisl iture of Florida entitled " An act to prevent ihe future migration or emigration of free negroes and mulattoes into said Territory," or so much thereof as imposes a capitation tax on such of them as may enter said Territory, and authorizes their sale for ninety-nine years for non-paym-nt of said tax. Mr. Black moved to lay the resolution on the table. Mr. James called for the yeas and nays, which were ordered, and being taken, resulted in yeas ll3, nays 80. Fillmore in the negative. (See Congressional Globe, p. 107 ; House Journal, p. I'^l. On the '^Sd February, Mr. Briggs, of Massachusetts, asked leave to submit the following resolution : . Whereas all laws passed by the governor and legislative council of Florida are in full force until disapproved by Congress, therefore — Resolved, That the Committee oa the Judiciary be instructed, forthwith, to report the following bill : Be it enacted by the Senate and House of Representatives of the United States of America in Compress assembled, That an act passed by the governor atjd legislative council of the Territory of Florida, approved by the said governor on the 5th of March, l>i42, entitled " An act to prevent the future migration of free negroes or mulattoes to this Territory, and for other pu poses," be, and the same is hereby, disapproved, and shall henceforth be of no force. Mr Merriwether, of Georgia, objected to the reception of the resolution. Mr. Briggs moved a suspension of the rules. Mr. Fillmore believed that the subject had been referred to the Committee on the Judi- ciary, and he wished to know whether they had reported on it. 11 The Spefikpr said they had not. This resolution was to direct them to report foithM'ith, The veasnnd nays were ortlered on the suspension of the rul°s. The question was then taken on the motion of Mr. Btiggs to suspend the rules, and it was decided in the negative — veas 6C, nays 104. y^as— Messrs. Adams, Fillmore, Slade, and 64 others. (See Congressional Globe, p. 337; House Journal, p. 139.) Upon an examination of the vari >us votes which we have presented, it will be found that Mr. Fillmore voted in every case to receive any petition or resokuion the prayer or purpose ofwhicli was the abolit.on of slavery, and against that right, in all cases in which the prayer or purpose was adverse to abolition. And this was the case, so far as we know or believe, in every vol^ he ever gave upon the subject. He voted /or the reception of the abolition petitions presented by Mr. Adnms and Mr. James, of Pennsylvania, but when Mr. Atherton asked lea^e to present resolutions condemnatory of abolition and of agitation, he voted against their reception. He voted for considerinu the resolutions of Mr. Giddings approving the conduct of the slaves in the Creole case, and voted against the reception of the resolution of Mr. Botts de- claring the Creole slaves guilty of mutiny and murder, and Mr. Giddinys, their advocate, " dese'rvins the severe condemnation of the people of the country and of Congress in par- ticular." He voted for the consideration of a resolution to repeal a law excluding free neu:roes from the Territory of Florida. He voted to consider an abolition petition otfered bv'^Mr. Mann, of New York, but he voted agaitist a resolution to suspend the rules to allow Mr. Rice to introduce a resolution denying the power of Congress on the subject of slavery in the District of CoUimbia, or in the Territories, or with the slave trade between the States, and n-solving not to consider any petition for that purpose, and also against a simi- lar one offered by Mr. Thompson, of South Carolina. From this argument and statement of fact it must be obvious that the letter of Mr. Fill- more to the " anti-slaverv society of Erie" subsists in full force, wholly nncontradictcd or unexplained by him, and shouKl be held as a just exposition of his present opinions upon the questions involved in that correspondence. We may, however, refer our readers to an able nnd elaborate editorial review of that letter, which appeared in the Unioii newspaper of September, 184'^. It is only necessary to do so to come to the same conclusion with the writer of that article, that the reply of Mr. Fillmore " leaves all his past professions, his past votf^s, and his signature of the abolition society's platform altogether unrecanted and untouched." . ..... But Mr. Fillmore voted in company with a batch of the most notorious abolitionists against all the resolutions otiered by Mr. Atherton, and these votes show far more conclu- sively tlian any professions can do the true principles held by him on this important subject Th'' resolutions of Mr. Atherton, it will be remembered, were the counterpart of those in- troduced a few weeks later in the Senate by Mr. Calhoun, voted for by Mr. Buchanan, and were deemed, at that day, a fair exposition and compromise of principle between the two sect ons upon the cofitrovcrted powers of Congress. The first of these resolutions was adopted almost unanimously, few claimed for Congress the right to legislate upon slavery in the States. On the resolution (that the petitioners for the abolition of slavery in the District of Columbia and against the removal of slaves from one slave State to another were intended to destroy the institution of slavery) the vote stood— veas 136, nays 65. Adams, Fillmore, Slade, Giddings & Co., in the negative. On tlie first branch of the 31 resolution (that Congress had no right to do^that indirectly which it cannot do directly) the vote stood — yeas 173, nays 65. Adams, Fillmore, Slade, Giddings & Co., in the negative. On the second branch (that the agitation of the question in the District of Columbia as a means of overthrowing the institution of slavery in the several States is contrary to the spirit of the Constitution, an infringement of the rights of the States, and a breach of the confederate south! the vote stood — yeas 164, nays 40 Adams, Fillmore, Slade, Giddings & Co., in the negative. On the first branch of the 4th resolution (that the Constitufion rests upon the broad prin- ciple of equality among the members of the confederacy) the vote stood— yeas 180, nays 26. Fillmore and Giddings in the affirmative. On the second branidi of the 4th resolution, to wit : " That Cong'ress, in the exercise of its acknowledged power, has no right to discriminate between the institutiois of one portion of the States and another with a view of abolishing tlie one and promoting the other," the vote stoo'l— yeas 174, nays 24. Adams, Fillmore, Giddings, Slade, Truman Smith & Co., voting in the negative. On the first branch of the 5th resolution the vote stood— yeas 146, nays 52. Adams, Fill- more, Giddings, Slaile & Co., in tlie negative. On the second branch of the 5th re?olution (tabling abolition petitions and resolutions without other notice) the vote stood — yeas 136, nays 23. Adams, Fillmore, Slade, Gid- dings & Co., in the negative. — See Cong. Globe, vol. 7, pp. 27, 2S. But, upon a question of so much importance, it is our duty, at the expense of time and patience, to demonstrate completely the charge that Mr. Fillmore was one of the first and most formidable authors of the slavery agitation ! 12 The session of lS3G-'7 seems to have been the commencement of an effort, on the pari of the abolitionists, to connect theirnefarious schemes with the political operations of the country. A powerful endeavor was made by Adams, Giddings, Slade, and others, to create an excitement against th.e southern States, by charging them with a violation of ihe riiiht of petiii'iii. Tlie struggle was fierce and exciting, but it was'decisive against the agi- tators. Con'Jryss determined to exclude all refiMcnce to a question so dangerous and excit- jno- in its character. But the fire then kindled has never gone out, it has burned more or less fiercely as any casual collision between the sectional interests has fiirnish''d fuel. We shall therefore recur to the events of the 26th December, 1S37, a day which Mr, Wise has called "the darkest in a congressional service of eleven years." Our narrative will be compiled from the pages of that obseivant and caustic histori;^n, Thomas H Benton, who will not let the dust ol oblivion cover the sins of contemporaneous inconsistency. Our object in recalling this important historical era is to show that Mr. Fillmore was responsi- Tile for his share of the original mischief wrought by the agitators to whom we have ad- verted. A DARK DAY FOR THE SOUTH. SOUTHERN MEMBERS RETIRE FRO.^I THE HALL. MR. FILLMORE VOTES THROUGHOUT WTTH THE ABOLI- TIONISTS ! ! The immediate occasion of this contest was tlie peitinacious effort of Mr. Slade, of Ver- mont, to make the presentation of aboiitir;n petitions .the ground of agitation and action against the institution of slavery in the southern Slates. Mr. Slade had moved to refer the resolutions presented by him to a select committee, with instructions to report upon them. Upon making this motion, he commenced a violent assault upon the institution of slavery. ]Mr. Rhett, of South Caiolina, interposed, to warn him of the consequences of such an in- flammatory harangue. Mr. Slade refused to desist, and was interrujited by a motion, made by Mr. Dawson, olGeorgia, for an adjournment. The Speaker [an upright and impartial southern man] ruled this motion out of order. Mr. Slade was proceeding to discuss the question, " What was slavery ?" I\Ir. Dawson ngain asked him to uive way for an ailjournment, which was relused. " A visible commo- tion began to pervade the house — members rising, clustering together, and talking with animation." Mr. Slade continued, and was about reading a judicial opinion ol"oneofthe southern States, defining a slave to be a chattel, when Mr. Wise called him to order for irrelevancy. " The question being upon the abolition of slavery in the liisnict, and the ar- gument upon the legality of slave title in a State." Tire Speaker deculed that it was not in order to discuss the subject of s'avery in the States. Mr. Shule contended that he read the decision as he might have done that of an English court. Mr. Robinson, of Virginia, moved an adjournment. The speaker decided the motion out of order, and Mr. Slade refused to yield the floor, and continued his speech. Mr. Slade proceeded at great length, when Mr. Petrikin, of Pennsylvania, called him to oider. The chair did not sustain the call. Mr. Slade went on quoting from the Declaration of Independence and the constitutions of the several Stales, and had got to that of Viiginia, when Mr. Wise called hinr to order for rend- ing papers witliout the leave of the house. The S])eaker then said that no paper objected to could be read without the leave of the house. Mr. Wise then said that the gentleman had wantonly discussed the abstr-ict question of slavery, going back to the very first day of its creation, instead of slavery as it now existed in the District, and the powers and duties of Congress in relation to it. He was now readm^ the State constitutions to show that as it existed in the States it was against them, and gainst the laws of God and man. This was out of order." ' Mr. Slade explained, and argued in vindication of his course ; he was about to read a memorial of Dr. Franklin, and an opinion of Mr. Madison upon the subject of slavery, when Mr. Griffin, of South Carolina, objected to the reading. Mr. Slade, without asking the permission of the House, which he knew would not be granted, pro[)Osed that the clerk should read the document. To this the speaker objected, thSt it was equally out ol order for the clerk to read. i\Ir. GrilRn withdrew tlic objection, and Mr. Slade proceeded to read the jxipers and comment upon them. He was about to return to the state of opinion in Virginia upon the subject of slavery before Dr. Franklin's memorial. Mr- Khett in- quired, "What the opimons of Virginia fifty years since had to do with the case?" The Speaker was about to reply, when Mr. Wise jose, and with much warmth, said : "He has discussed the whole abstract subject of slavery — of slavery in Virginia — of slavery in my own district, and I now ask all of my colleagues to retire with me from this hall." ^Ir. Slade reminded the Speaker that he had not yieltled the floor, but his progress was inter- rupted by the condition of the House and the exchimations of members. Amongst them Mr. Halsey, of Georgia, was heard calling on the delegates from that State to withdraw with him ; wdiile Mr. Rhett was heard proclaiming that the members from South Caroli- na had already consulted together and appointed a meeting at three o'clock, in the com- mittee room of the District of Colmbuia. Here the Speaker succeeded in gettmg the floor, and stating the qViesiion to be on granting leave to the member from Vermont to read cer- tain papers, the reading of which had been objected to . Many members rose, all addressing the chair at the same time, and the general scene of noise and confusion continued. •'Mr. Rhett succeeded in raising his voice above the roar of the tempest which, waged 13 in the House, and invited the entire delegation from all the slave Stntps to retire from the hall forthwith, and meet in the committee room of the District of Coliimhia." The Speaker rose to a personal explanation, and succeeded in recapitnlating his decis- ions and vmiticated their correctness. "Had it been in his power," he said, "to restrain the discussion, he shouhl have done so. But it was not." If'' ^•: Mr. Slade continuing, said the paper he was about to read was one of the Contmental Congress of 1774. The Speaker was about to put the question of leave, when Mr. Cost Johnson inqnuedifit "would be in order to force the member from Vermont to stop ?" The impartial chair said in despair tiiat it could not be done. The indomitable Sl(de pro- ceeded in triumph. "Then Mr. McHay, of North Carolina. a clear, cool-headed, sagncious man interposed the obj^^ction that headed Mr. Slade." The rule of the House required that when a member was called to oider, he should take his seat ; and, if deci led to be out of order, he should not be allowed to speak again without the leave of the House. Mr. McKay stTted the point of order, and said that he now objected to Mr. Slade's pro- ceeding. "Redoubled noise and confusion ensued — a crowd of members rising and speak- ing at once, they at last yielded to the noise and confusion of the Speaker's liammer, and his apparent desire to rcatl something from a book — recognized to be the Manual — which he hel t in his hand, he at last succeeded in reporting the rule ref-rred to by Mr. McKay, and sustaining his motion. .Mr. Slade endeavored to proceed. The Speaker directed him to take liis seat until the question of leave should be put. Then Mr. Slade — still keepiug on his feet — asked leave to proceed in order. On that question Mr. Alien, of Vermont, asked the ayes and nays. Mr. Rencher, of North Carolina, moved an acijournment. Mr. Adams and others demanded the ayes and noes upon this motion. They were called, and resulted 106 ayes, 63 no<'S — some fil'ty or sixty members having withdrawn. "This OTposition to adjournment," rt'ivs the historian, "was one of the worst features in this unhappy day's work — the only etl"'ct of keeping the House tog>'ther being to increase irritation, and multiply the chances of an outbreak, from the beginning southern mem- bers had voted to adjourn, but were prevented from sncc'eHing by the tenacity witii which Mr. Shide kept possession of the floor ; and now, at last, when it was time to adjourn, any ■^vay — when the House was in a condition in which no good coul I be expected, and great harm might be apprehended — there were sixty-three members willjng to continue it in ses- sion. When the adjournment passed, Mr Campbell stood up in a chair, and, calling^ fjr the attention of members, invited all of the southern delegations to attend the meeting then being held in the cominittee-room of the Distiict of Columbia. "Members from the slaveholding States had .-epaired to the appointment, agitated by varioui passions. We give a report of the propositions, presented from a letter written by Mr. Rhett : S^ "In a private and friendly letter to the editor of the Charleston Mercury, amongst other events accompanying the memorable secession of the southern members from the hall of the House of Representatives, I stated to him that I had prepared two resolutions, drawn as amendments to the motion of the member from Vermont, whilst he was discussing the institution of slavery in the South, 'declaring that the constitution having failed to protect the South in the peaceable posan(ls of persons — many of them women, who forgot their sex and their duties to mingle with such iuflammatory woik ; some of them clergymen, who forgot their mission of peace to stir up strile an.ong those who shoi.ld be brethren. Of the pertinacious b3, who backed Mr. Slade throughout, the most notable were Mr. Adams, who had been President of the United States ;Mr. tillmtJie who becaujc so ; and others. It was a portentous contest. The motion of Mr. Slade was, not for an in- quiiy into the expediency of abolishing slavery in tlie District of Columbia, (a motion in itseltsulHriently inflammatory,) but to get the command of the House to bririg in a bill for that purpose — which would be a decision of the question. His motion failed.'.' " Amongst the pertinacious sixty-three," says Mr. Benton, " who backed Mr. Slade throughout, the most notable were Adams, who had been President of the United States, Mr, Fillmore, who became so," and others. " It was a portentous contest. The motion of Mr. Slade was not for an inquiry into the expediency of abolishing slavery in the District of Columbia, (a motion in itself sufficiently inllimmatory,) but to get command of the House lo bring in a bill for that purpose, which would be a decision of the question. — Benton's Thirty Years' View, chap 2G, vol. 2. Such is the description of a scene which has no parallel for prolonged and angry excite- ment, and for turbulence, since the irruption of the " poissardes" into the conventioii of Paris. We have given the details from the knowledge and observation of a narrator. This was the beginning of excitement upon this subject. It originated in the eflbrt of a faction to make the rules of deliberation the vehicles of injustice and insult. It was called " the most angry and portentous degate which had yet takt-n place in Congress ;" and now, Millard Fillmore, one of the chief actors in these disgraceful scenes, claims high exemption from the frailties and responsibilhies of faction and fanatici-sm I Heads homilies upon decorum to those who are at this day reaping the tares and thorns of a controversy sown by his own hand : and with an air of pious a>tonishment, exclaims : " Where ace we now ? Alas ! threatened at home with civil war, and from abroad with a rupture of our peaceful relations. If the present Executive and his supporters have, with good intentions and honest hearts, made a mistake, (in the repeal of the Missouri compro- mise I hope God may forgive them as I do. '• It is for you to say wliether the present agitation which distracts the country and threatens us with civil war, hns not been recklessly and wantonly produced by the adoption of a measure lo aid in personal advancement rather than in any public good," ^ 15 " He deplored the sectional policy that had been adopted by important political parties at the present ume, and could only place his trust in the sterling patriotism and sound sense of the people, to avert the calamities which sectional asiitatioii must entail upon a country. * * * * The blame, therefore, it appears to me, with all due deference is chiefly chargeable to (hose who originated the measure. " Then he adds : " I am unwilling to believe that those who are engaged in this strife can foresee the con- sequences of their own acts. Why should not the golden rule which our Saviour has prescribed for our intercourse with each other, he applied to the intercourse between the«e fraternal States ? Let us do unto them as we wouhl that they should do unto us in like circumstances."' He pities his successors : "He regretted extremely that those who succeeded him in the administration had thought proper, by disturbing existing compromises, to re-open the wounds so recently healed, and again to shake the country from the centre to the circumference with the same deploroble agitation. (Loud applause ) The disturbance of a compromise that had existed for more than thirty years, he deeply deplored. (Continued applause.) The evils it had entailed upon the country were known to all, and he could only hope that the authors of those evils had not foreseen the consequences of their policy." Have the annals of political hypocrisy anything to compare with this inconsistency be- tween the recorded h'gi-.lative actions of Mr. Fillmore, and this severe reproach upon others who are now suliering the consequences of his own example ? Messrs. Filmoke, Adams, Slade, Giddings & Co., had organized an attempt to force the cKscussionof slavery upon Congress. They would suffer no adjournment. They opposed every attempt to stop the streams of abuse directed upon the peaceful and astonished mem- bers from the North. They pressed the offensive subject until they caused the first act of representative secession which had ever taken place in this country. Well might Mr. Wise, himself a prominent actor in those scenes, receive with indignation the very swift testimony of ]\Ir. Stewart — afterwards one of Mr Fdlmore's cabinet — who volunteered to prove that Mr/Fdlmore was one of the soundest 'and best friends of the South. In a letter Written by Mr. Wise to Mr. Alfred of Augusta, Va., dated July 29, 1S4S, he says : -^ " I, too, served Mr. Filinore much longer than Mr. Stuat 'did in Congress, and I was intimately acquainted with his speeches and votes in the House of Representatives on the subjeit of shivery, and of its abolition, in all its forms ; and I do not hesitate on my own personal knowledge and responsibility, to pronounce the charge of abolitionism against Mr. Fillmoie ttw. 1 appeal to the journals of the House, for the whole period of Mr. Fillmore's service in Congress, to prove that, if he is not an abolitionist, John Quincy Adams was not; Giddin-s was not He voted with them and against the South, on every question of slavery or abolition without an exception within my knowledge or recollection. The darkest day I ever !-aw, during eleven years' experience, from 1S33 to 1844, in the House, was on the 20th of December, 1S37, which we have already explained, on the occasion on which Mr. Slade discussed the question of slavery in the States." Mr Fillmore' Fxccutive record upon the subject of slavery : Whilst in the executive chair, Mr. Fillmore sought no opportunity to extend our Terri- torial possessions or commercial relations towards the South. He had been opposed to the annexiition of Texas. He occupied himself very vigilantly in maintaining the laws against fillibusters — laws in themselves very salutary and proper to be enforced. Opposition to Texas annexation : In 1&44 he was an ardent opposer of Texas annexation. At a mass meeting in the Stale of New i'ork In lS-14, Mr. Fillmore made a speech from a booth reared under a banner on which were painted, in ridicule. General Jackson and James K. Polk, the latter mounted by a negro ! who carried a small flag bearing the name of Texas. His course in 1S47 : In 1847 he headed the ticket of his party in New York, the basis of whose organization consisted of the following resolution : Resolucd—'L'hat while the Whig freemen of New York, represented in this convention, will faithfully adhere to all the compromises of the constitution, and jealously maintain all the leserved rights of the States, they declare — since the crisis has arrived when the ques- tion must be met — their uncompromising hostility to the extension of slavery into any territory now free which may be hereafter acquired by any action of the government of our Union " A Fillmore paper, speaking afterwards of this resolution and the result, said : " On the strength mainly of that resolve — of its rejection by the Democracy, and its hearty adoption by the Whigs — the State went Whig in the election that followed by some thirty thousand majority. MILLARD FILLMORE headed the Whig Ticket." The Address, issued in support of the resolution and of Mr. Fillmore, was furious in Its denunciation of stave extension, saying that : •' The flag of our victorious legion is to be desecrated from its holy character of li ^^^ and emancipation into an errand of bondage and slavery." 1.6 " We protest in the name of the rights of man and of liberty, against tne further exten- sion of slavery in North America," Durin" the canvass of |S47, at Rochester, in the State of New York, Mr. Fillmore made a speeeirin Minerva Hall ai;ainpt " the agtjression of slave power." The greater part of the speech was upon the encroachments of slavery ; upon the monopoly which the south- ern oii'^archy, a nest of 250,000 slavehoklers. had enjoyed in all the ofhces ol trust in tiie Union'- how 'many Presidents from the South, how few from the North. He commented on the same disproportion of judges, foreign ministers, Speakers of the Hc.use, membersof the cabinet &c., with ungracious flings at what he alleged to be southern arrogance and injustice. <-, t. In 1&51 he negotiated the Central American treaty with Great Britain. Under this we guaranteed that power in all her jiosses^ions aud i)retcnsions, renounced any possibility of acquiring territory ourselves in that quarter, bound ourselves to divide with her any rights of transit we mi'dit acquire, engaged to maintain the peace of the isthmus, and by this " entansilintr alliance," placed a barrier to southern piO;iress, more eflectual than all the fleets and armies of Europe. This unfortunate convention was founded in a false admiia- tion of British power, and was either a covert attempt to injure the South, or a weak ebulition of magnanimous vanity. England already held the monopoly of the isthmus between tlie Mediterranean and the Red Sea. She offered us no reciprocity in its use. We were just acquiring territory on the Pacific ; we were on the eve of acquiring commer- cial communications which must give our marrinersand marchants infinite advantages over theii competitors. The treaty of Mr. Fillmore has entangled us in a co-partnership and a co-protectoiate, which has been a fuitful source of dispute between the contracting powers. The obscurity of its language has occasioned questions of personal veracity ainontj our own statesmen, and with the ministers of England. A convention intended to keep The peace of the isthmus has nearly involved in war two peaceful continents. But it has stopped the progress of the republic in that directi,)n, am) we shall never be relieved from its embarrassments until notice shall be given of our purpose to abrogate it. MR. FILLMORE'S APPOINTMENT OF FKEESOILERS TO OFFICE. The proclivities of Mr. Fillmore are perhaps as obvious from his nominations to office, whilst in tlie executive chair, as from his votes in Congress, or his known opinions pub- licly expressed elsewhere. The Hon. S. A. Smith of Tennessee, having "been asked by the Hon. Mr, Shaw for some information about the character of Mr. Fillmore's appointments, replies in a letter, from which we make the following extracts : He says that he has been led — " To examine carefully the political, or rather sectional views of the appointees of Mr. Fillmore during his Presidential term. Thjs has been a work of no little labor and required some time, which accounts for the delay in answering youi letter Upon this investigation I find the following facts : 1. Every man appointed to any important oifice by ]\Ir. Fillmore while President, whose residence was north of Mason & Dixon's line, iyidniing three members of the cabinet, was a Freesoiler, and in favor of the " Wilinot Proviso." 2. One of the leading members of his cabinet, the Hon. Thomas Corwin, of Ohio, Secre- tary of the Treasury, was a prcminent Abolitionist. o Every one of the appointees before referred to, who had taken any position on the slavery question, was known at the time of his appointment, to be in favor of the prohibition of slavery in the Territories. 4. Most of those from the same section retained in office by Mr. Fillmore, who had pre- viously been appointed by President Taylor, were Frecsoilers or Wilmot Provisoists." From this report it would seem, that, to have been an advocate of the Wilmot jarovise, constituted no valid objection in the mind of Mr. Fillmore to appointment to office. Pardon by Mr. Fillmore of Daniel Dayton and Edward Sayres, parties convicted in the criminal court of the District of Columbia, of enticing away and transporting seventy- three slaves from said District. As a practical illustration of the views of Mr. Fillmore in relation to slavery in the Dis- trict of Columbia, and the rights of slaveholders generally, we submit the following facts ; in the year l84S the city of Washington was startled by the announcement that a very large number of its slave population had absconded upon the same night. Su-picion was directeed against a par.icular vessel which had left ihe port of Washington ; it was pur- sued and overtaken. " and concealed under hatches were found seventy- three si ives belong- ing to citizens of the District of Columbia and of the States of Maryland and Virginia. The vessel was in charge of three white men from the north. The slaves and kidnappers were brought back to the city and placed in prison. The following record ehows the action of the criminal court in the'case : Criminal Court of the District of Columbia, for the county of Washington, March term, 1S40. 17 United States ^ May 8. Convicted of transportin;^ slaves in 73 cases, and sentenced by vs. > tlie court in each case to pay a tine of $140 and costs, one half of the fine Daniel Drayton. ) to the owner of the shive, according to the act of Mid. of 1796, cli. 67. . Ordered to be committed to tlie jail of Washington county till fines and costs are paid. Same number of cases vs. Edward Sayers, and fined SlUO and cost in each, and com- mitted as above. Test : JOHN A. SMITH. Clerk. Under this law of Maryland, in force in the District of CoUimbia, the penalty is a fine not exceeding two hundred dollars, with imprisonment in the county jail as the alternative of non payment. This act was passed in 1796, and was then deemed sutticient to prevent such offences, but we feel asstired there is no a si ive State in which the commission of such a crime does not now subject the offender to imprisonment in the ()eniteniiary at hard labor for many years. It will be seen that tlie court did not impose the maximum fine in either case, one half of which, under the express terms of the law, enured to the owners of the slaves, and the other to the •' commissioners of tin county." The costs belonged to the Unite sum of $3,000 in each case. Recognizance forfeited and cases Wm. L. Chaplin, ) still pending and undecided. ^ Test: ~ JNO. A. SMITH, Clerk. I You will then ask, fellow-citizens of the south, at whose especial instance was this par- don granted ? We answer from the recor({, Charles Sumner, senator from Massachusetts. 19 On file in the State Department will be found a long and elaborate petition and argument by him in favor ofthis pardon. He received ic himself, and bore it trmmphantly, in com- pany with the marshal, to the jail. It is now paraded as one of his brightest achieve- ments, as will be sen by reference to page 4S of a work published by Ticknor & Fields, Boston, entitled " Recent Speeches 'and Addresses, by Charles Sumner." It is there stated " that this case (tliut^of Dayton and Sayers) excited particular interest. " On invi- tation of Mr. Fillmore, Mr. Sumner laid before him the foUowmg paper. Shortly after- ward the pardon was granted," We cannot for bear tomention the singular aud painful fact, that whilst the pardon was refused belore the meeting of the Whig convention of 1852, yet that it was granted at the instance of Charles Sumner, subsequent to the action of that convention. We ask the question, ought Mr. Sumner's interposition have weighed a feather ; but, on the contrary should not his interference have admonished Mr. Fillmore of the necessity of eaution. Vet the President fails to coniult with those who have been aggrieved, and grants the pardon «« shortly after Mr. Sumner's argument." It seems to us that Mr. Fdimore having acquaint- ed himself with all the facts of the case, with the views of the people whose rights had been invaded, and weighed well the enormity 4f the otfence in all its consequences, should have answered Mr. Sumnar in this wise : " I cannot grant this pardon ; it should only be granted with the knowledge and approv;il of the authorities, legal and municipal, of the city of Washington, and of some considerable portion of the community whose rights have been invaded and peace disturbed. There are numberless cases in the penitentiary and jail of this District more deserving of E»ecutive clemency ; if these men have committed this wholesale robbery of their own motion fur gain, they must expiate it by suitable punish- ment. My successors can interpose at a proper time to release them. If they were the agents and dupes of abolition societies, let their employers, from their abundance, pay the fines and costs, or some portion thereof, as ajust restitution to the United States and the owners. If their employers] will not save them harndess, let their dupes expose the plotters of this nefarious scheme, and they shall be discharged. Again, this is a national matter Congress and the ccuntry are convulsed by this sectioual strife. Since the com)?iission of this offence, the servants of representatives in Congress have been stolen away and the rights of soverei-n States thereby violated. Until this spirit of fanaticism wliich so flag- rantly tramples upon private rights and the public peace is allayed, I cannot, by any act of mine, give it the slightest countenance; but, on the contrary, must rebuke it. buch criminals, with such abettors, must be held as hostages for the pubhc peace. Such, how- ever, was not his language or his action j but a few months betore the expiration of his term, and with the retirement of piivate life before him, Mr. Filimore co-opeiates with Mr. Sumner, and in fact, gratifies thfs bitter enemy and wholesale rcviler of the south by the consummation of this outrage. How opposite Mr. Fillmore's course to the south, to the cordial and consistent friendship of Mv. Buchanan alike in sunshiue and storm! FILLMORE'S RECORD RECAPITULATLD. We will now briefly recapitulate the acts of these two competing statesmen, that our southern readers may determine at a glance upon which of them the south can best rely for safety and justice. , ,• , , • .v Mr. Fillmore was wiliing that Congress should receive petitions to abolish slavery in the Distiict of Columbia, and in the Territories, and praying that no other slave btate might ever be admitted into the Union. a- j He was not willing that resolutions'condemnatory of those principles should be offered. He has expressed the opinions that Congress haspOwer to abohsh slavery in the District of Columbia, and that it may prehibit the removal of slaves from one slave btate to another He voted that the agitation of slavery, with the purpose of abohtion in the btates is not against the Constitution j not an infringement of the right of the States ; and not a breacU of confederate faith. .... , , ,.a- . c, .0= He voted that Congress may discriminate between the institutions of the different bta.eg, with a view to abolish those of some States, and to promote those of others. To declare slaves free, who had gone to sea with the consent of their masters, and 10 protect them in their freedom. , , , r , , » • u ^a To re,.eal all laws aud constitutional provisions by whtch the federal government is bound to protect the institution of slavery. .■ ^- ^ i 1. . ^i„ Against the admission of any new State into the Union whose constitution tolerates s.a- ''^Against the annexation of Texas, solely on the ground that slavery existed in that coun- *'^To abolish slavery in the District of Columbia, though the whole people of the District cherlshgd the institution, and never petitioned for us abolition. To prohibit the buying and selling of slaves in the District and other lerritones of the nTsupported by his vote petitions to Congressto repeal the act of the Territory of Flor- %a, to prevent migration of free negroes to the 'lerritory. 20 He voted in favor of petitions to naturalize and make American citizens of negroes from every qu jrter of the eartli ! He voted in favor of petitions to receive negro ambassadors from the black republic of Hayti. Such wns the course of JNTili.ard Fillmore in Cons^ress. He negotiated a treaty by which the Republic renounces any ri'jht to acquire any ex- clusive rights of transit across the Isihmus of Central America, or any Teriitoiy in that quarter. He signed the compromise measures of iS'oO, without approving them all. He enforced the fugitive slave law. He remitted the fines and disch-arged the recognizance of certain abolitionists who had kidnapped seventy. three slaves at one time from the District of Columbia. This exercise of the pardoning power was not upcn the petition of the people of the District of Columbia, whose rights had been violated, but upon the arguments and personal soli itations of that triost notorious enemy of the south — Senator Charles Stimnku, of Mas- sachusetts ! on behalf of petitioners, none of whom resided in ih' District of Columbia. He has expressed the opinion that the Missouri restriction should never have been repeal- ed. His friends in Congress have voted for the restoration of those restrictions. He is bound by his antecedent declarations of principle to approve any cons'itutiijnal and formal legislation- Thereupon, it is asserred as a demonstration, that Millard Fillmoke will, if elected President, approve the repeal of the Kanzas act, the chief object of the Black Re- publiqans. f We have shown that the whole legislative action of Mr. Fillmore, whilst in Congress, as well as his diplomatic measures afterwards, were hostile to the institution of slaverj' and fo the territorial expansion of the south. I3ut, crmpellcd by the want of any authentic declaration of his intentions in respect to the existing regulat.on on the subject of slavery, groping in the dark for the means of ascertaining tlie chances of escape i'nin a position of national danger, we are compelled to the only rule acknov\ledged by himself and friends, and infe^ his future course from his past, although we have just seen that this rule would make him the most dangerous nominee now before the people. But his fiends insist that he shall not be judged by his earlier record, but by the more recent acts of his executive ad- ministration. Let us, then, suspend the rule, and examine the suliject with the impartiality its importance demands. MR. FILLMORE'S SIGNATURE OF THE COMPROMISE OF 1850. From a deliberate examination of the text and spirit of the several measures which com- posed the compromise, from the circumstances which surrounded and succeeded it, and from the principles upon which Mr. Fillmore administered the government, we are obliged to infer — 1^1. That those who supported the compromise do not acknowledge an obligation to sustain the Kansas act. 2. That, accor^'ing to his avowed principles of Executive action, Mr. Fillmore is under positive obligations to approve the repeal of the right of Kansas to admission as a slave State, the restoration of the Missouri compromise, and even the repeal of so much of the comprom'se of 18-50 as may be still within the reach of legislation. . ' We presume it will not be denied that Mr. Fillmore, when elected Vice President, stood on the platform and was bound by the public pledges of General Taylor, Amongst the questions most distinctively in issue in the election of 1848, was the proper nature, limitation, and application of the Executive veto. Many questions were put to General Taylor which he declined toJanswer,upon the.ground that he did not choose to re- spond to any special inqujry, or to prejudge important questions. But upon tVe powers of tlie veto, he responded frankly and unequivocally. In his letter of February, 1848, to Cap- tain Allison, he said : " Second. The veto power. The power given bv the constitution to the executive to in- terpose his veto, IS a liigh conservative power, but, in my opinion, should never be exer- cised except in cases of clear violation of the constitution, or manifest haste and wan-t of eonsiderati'n by Congress. Indeed, I have tho' ght that, for many years past, the known opinions and wishes of the executive have exercised undue and injurious influence upon the egislative department of the government ; and for this cause I have thought our system was in danger of undergoing a great change from its true theory. The personal opinions of the individual who may happed to occupy the executive chair ought nut to control the ac- tion of Congress upon questions of domestic policy ; nor ought his objections to be inter- posed where questions of constitutional power have been settled by the various departments of government, and acquiesced in by the people." To explain his application of this doctrine, he adds : " Third. Upon the subject of the tariif, the currency, the improvement of our great high, ways, rivers, lakes, and harbors, the will of the people, as expressed through their repre- sentatives in Congress, ought to be respected and carried out by the executive." It is a strong indication of the severe disclaimer of power made by this gallant vetertfti, 21 that thougfl ne avowed himself in favor of the increase enumfiratad in the third section of his letter, he does not propose to bestow upon them executive approval because they accord with his own principles, but because their enactment by Congress will enforce '' the will of the people" as expressed " through their representatives ; " we repeat, it must have follou-- ed from this principle, tliat if similai measures had been repealed, he must with equal facil- ity have approved tlie legislation. Bat somr- pi>rsons at that day, as at this, frit an anxiety to know what course General Taylor woidd take in the event Congrers should, by the adoption of the VVilmot proviso, exclude any new slave States. In February, 1848, Mr. B. M. McConkey addressed the following question : " Sh'iuld you become President of the United States, would you veto an act of Congress which should prohibit slaverV or involuntary servitude forever, except for crime, la all the Territories of the United States where it does not now exist 1 " ,To this General Taylor made the followingreply : " In reply to your inquiries, I have to inform you that I have laid it down as a principle ;. not to giveniy opinions upon, or prejudge in any way the various questions of policy now at issue between the political parties of the country, not to promise what I would or would not do, were I elected to the presidency of the United States ; and that, in the cases pre- sented in your letter, I regret to add, I see no reason tor departing from this principle." In his inaugural address General Taylor faithfully complies witlt his assurance to Cap- tain Allis m. He says : "It shall be my study to recommend such constitutional measures to Congress as may be necessary and proper to secure encouragement and protection to the great interests of agri- culture, commerce, and manufacture, to improve our rivers and harbors, to provide for the speedy extinguishment of the public debt, to enforce a strict accountability on the part of all officers of the ^overnmei;t, and the utmost economy in all public expemii'ures. But it is for the wisdom of Congress itself, in wh ch all legislative powers are vested by the consti- tution, to regulate these and other matters of domestic policy. I shall look with confidence ito the enlightened patriotism of that body to adopt such measures of conciliation as may hannonize conflicting interests and tend to perpetuate that Union, which should be tlie par- amount object of our hopes and atfections. In any action calculated to promote an object so near the heart of every one who truly loves his country, I will zealously unite witU the co-ordinate branches of the government." In his only annual message he renews the same declaration : " Our government is one of limited powers, and its successful administration eminently depends on the confinement of each of its co-ordinate branches within its own appropriate sjihere. The first section of the constitution ordains that ' all legishtive powers therein granted shall be vested in a Congress of the United States, which shall consist of a senate and house of representatives:" The Executive has authority to recommend (not to dictate) measures to Congress. Having performed that duty, the executive department of the go- vernment caimo't rightfully control the decision of Congress on any subject of legislation until that decision shall have been officially suimitted to the President for approval. The check provided by the constitution m the clause conferring the qualified veto will never be exercised by me, except in the cases contemplated by the fathers of the republic. I view it as an extreme measure, to be resorted to only in extraordinar)|' cases — as where it naay become necessary to defend the Executive against the encroachments^ of the legislat've power, or to prevent hasty and inconsiderate or unconstitutional legislation. By cautiously confining this remedy within the sphere prescribed to it in the contemporaneous exposi- tions of the framers of the constitution, the will of the people, legitimately expressed oil all snbjects of legislation, through their constitutional organs, the senators and representatives of the United States, will have its full effect. As indispensable to the preservation of our system of self-goverinnent, the hidcpendence of the representatives of the States and the people is guaranteed by the constitution ; and they owe no responsibility to any human power but their constituents. By holding the representative responsible only to the peo- ple, and exempting him from all other influences, weelevate the character of the constituent, and quicken his sense of responsibility to his country. It, is undir these circumstances only that the elector can feel that, in the choice of a law-maker, he is himself trulya component part of the sovereign power of the nation. With equal care we should study to defend the rights of the executive and judicial departments. Our government can only be preserved in its puritv by the suppression and entire elimination of every claim or tendency of one co-ordinate branch to encroachment upon another. With the strict observance of this ride, and the other injunctions of the constitution ; with a sedulous inculcation of that respect and love for the Union of the States which our fathers cherished and enjoined upbn their children ; and with the aid of that overruling Providence which has so long ?nd so kindly guarded our liberties and institutions, we may reasonably expect to transmit them, with their innumerable blessings, to the remotest posterity." 22 That Mr. Fillmore adopted the doctrme aanounced by General Taylor, is to be seen by the followmg extracts from his message : " Upon you, fellow-citizens, as the representatives of the States, and the people, is ■^"isely devolved the legislative power. I shall comply with my duty, in laying before you, ft-om time to time, any information calculated to enable you to discharge your high and res- ponsible trust, for the benefit of our common constituents. " My opinions will be frankly expressed upon the leading subjects of legislation ; and if, which I do not anticipate, any act should pass the two houses of Congress, which should ajjpear to me unconstitutional, or an encroachment of the just poM^ers of other departments, or with provisions hastily adopted, and likely to produce consequences injurious and un- foreseen, I should not shrink from the duty of returning it to you, with my reasons for your further consideration. Beyond the due performance of these constitutional obligations, both my respect for the legislature and my sense of propriety will restrain me from any attempt to control or influence your proceedings. With you is the power, the honor, and the responsibility of the legislation of the country. " The government of the United States is a limited Government. It is confined to the exercise of powers expressly gi'anted, and such others as may be necesssary for carrying those powers into effect : and it is at all times an especial duty to guard against any in- fringement on the just rights of the States. Over the objects and subjects intrusted to Congress, its legislative authority is supreme." The principle laid do-\A-n by these Statesman was well considered by them, and was much looked to by the country. Both were Whigs. The radical difference between the Democratic and Whig parties upon the proper, exercise of the veto power Avas this : The fii'st regarded the executive as a substantive depai'tment, representing the people, and under obligatiyis to administer the government according to certain praiciples of constitutionality and expediency required by the people to be embodied in the laws and public policy. The second only inquired into the constitutional capacity of Congress to exercise a given power — saw that the method of exercise was formal and free from irregularity, and then left the expediency of all constitutional legislation to be judged of, and the responsibiUties to be borne by Congress. General Taylor defined this princijjle as restricting the exercise of the veto power to causes which present " a clear violation of the constitution, or show manifest haste or want of consideration by Congress." Mr. Fillmore, in his inaugural, says : " If any act should pass the two houses of Congress which should appear to me uncon- stitutional, or an encroachment on the just powers of other departments, or with provisions hastily adopted, and likely to produce consequences injurious and unforeseen, I should not shrink from the duty of returning it to you with my reasons for your fm-ther consideration. Beyond the due performance of these constitutional obligations, both my respect for the legislature and my sense of propriety will restrain me from any attempt to control or in- fluence your proceedings. With you is the power, the honor, and the i-esponsibility of \e~ gislation." Mr. Fillmore's approval of the Compromise of 1850 was perfectly consistent with their principles. It is true, that with a la])se of memory only equal to that which forgot his discrimination in favor of abolition petitions, he had virtually claimed the Compromise of 1850 as the act of his administration. But there was no such belief at the date of the passage of these measures. He did not even recommend their passage. The conservative statesmen of the Union did not " rally around his administration." They had ])assed the measures after months of weary and exciting strife. " The power, the honor, the responsibility" of "this legislation" was theirs, not his. Tf^hy he signed the fugitive-slave laiv : But we will let him pxplam for himself, and then the reader can decide whether he is en- titled to credit for the act. We will quote from a speech delivered by him in LouisNille, Kentucky, on his southern tour, in 1854. The Louisville Journal is our authority. He said : " The fugitive slave law had some pravisions in it to which I (Fillmore) _ had some OB- JECTIONS. 1 7-eg7-eited the necessity of its being passed at all. When the bill came to me from the two Houses, I examined it in the midst of hurry, confusion, and difficulties, and a doubt came up in my mind whether it was not unconstitutional as denying the right of habeas corpus to the fugitive slave, which doubt I submitted to the Attorney General, (Mr. L ofC. 23 Crittenden), and on being assured hy him that the law was not a violation of the constitu- tion, I therefore gave my sanction to the bill." Hence, according to Mr. Fillmore's own candid declaration before an audience of his own southern friends, he doubted the constitutionality of the measure. He was opposed to it because it did not provide a jury trial (as proposed by Giddings & Co.) to the absconding slave ; and only signed it when assured by Mr. Crittenden that " it was not a violation of the constitution." John J. Crittenden, then, and not Millard Fillmore, is entitled to the credit of the assent of the Executive for signing the fugitive-slave law. Testimony of Andreio J. Donelson : To prove what we here assert, we will introduce as a witness Mr. Fillmore's associate on the Know-nothing ifcket — no less a personage than Andrew J. Donelson. In 1851, Donelson, through the columns of the Washington Union, sjyd : " As to the assertion that the administration (of Fillmore) is entitled to the credit of standing up to the measures of the compromise in good faith, ii is too ridicidous to require a denial, and too preposterous to demand refutation. Every free white citizen, who is not an infant, idiot, or lunatic, or wofuUy forgetful, knows that it is utterly and entirely without foundation. All the measures of the compromise, except the fugitive slave law, were self- enacting. As to that law, Mr. Fillmore was ununlling to permit it to become a law before he consulted Mr. Crittenden on the subject — a fact which the Republic (hi« organ) mention- ed at the time in order to justify Mr. Fillmore before his northern higher-law friends for not returning the bill with his objections." Judge Conklhi's testimony : Judge Conklin, of New York, a friend of Millard Fillmore, and his minister to Mexico, in a late speech made the following apology for iiim for signing the fugitive-slave law : " Of this gentleman I have to say a few words that ^^e due alike to him and to myself. The friendly relations that have long subsisted between 1^ the high opinion I entertiiin of his patriotism, integrity, and talents ; the confidence he saw fit to repose in me, and the great personal kindness I received at his hands while he filled the Presidential office, all conspire to render it painful to me to withhold my support from him ; and had he been brought forward under other auspices, as I cherished a vague hope he might be, it would have afforded me a corresponding degree of satisfaction to yield him that su])port. " I am aware of the persistent, and I doubt not, to some extent, successful industry with which for years he has been exhibited by those who had formed a different estimate of his character, in an attitude that, if I had beheved it to be just, would have rendered it incoii- sistent in me, holding the principles I do relative to slavery, to favor his elevation to the Presidency under any circumstances. But in imputing to him a willingness to extend and fortify slavery I am persuaded his assailants have done him injustice. " I believe, on the contrary, that he still holds slavery in the abstract, as he is known for- merly to have done, in as greai aWorrejicc as they do. The evidence constantly cited to justify this charge is the fact of his having affixed his signature to the fugitive slave bill. The alternative was to interpose his veto. But no one had a right to expect him to do this, for he had no right himself to do it. Either from dord)l about its constitutionality, or from deference to the opmion of those who questioned it, he did appoint the usual precau- tion of submitting the bill to the examination of the Attorney General, and asking his opinion of its constitutionality. T^o have vetoed it under the very extraordinaiy circum- stances of the case, would have been, to say the least, a palpable violation of the constitu- tion. No enhghtened man who underst^ds the subject can doubt this, and no such man can have been sincere in casting censure upon Mr. Fillmore for adopting the opposite alter- native." Testimony of another friend : The New Albany Tribune, the leading Fillmore organ In Indiana, says : " Mr. Fillmore gave his official sanction to the fugitive slave bill, because we (the Free- soilers) could not have got other laws on which our hearts were set, that we have got had not that law been passed also, and "because m doing so he was but carrying out one of the great principles of the party v\hlch elected him — that the personal opinions of the executive on mere questions bf policy ought never to be brought into conflict with the will of the peo- ple's representatives hy an arbitrary exercise of the veto power. In his recent speech at Albany, he says : - 24 " You all know that when I was called to the executive chair by a bereavement which shrouded the nation in mouming, that the country was unfortunately ap^itated from one end to the other upon the all-exciting subject of slavei-y. It was then, sir, that I felt it my duty to rise above every sectional prejudice^ and look to the welfare of the whole nation. (Ap- plause.) I was compelled to a certain extent to overcome long cherished prejudices, and disregard party claims. (Great and prolonged applause.) But in doing this, sir, I did no more than was done by many abler and better men than myself. I was by no means the sole instrument, under Providence, in harmonizing these difficulties. (Applause.) There were at that time noble, independent, high-souled men in both houses of Congress, belonging to both tlie gieit political parties of the country, Whigs and Democrats, who spurned the dictation of selfish party leaders, and rallied around my administration, in supjjort of the great measures which restored peace to an agitated and distracted counti-y." (Cheers.) In his speech at liochester, he modifies his claim to the merit of having carried the com- promise of 1850 as a measure of his administration, admits that they were not all he could have desired, and condemns the repeal of the Missouri restriction : • " But the truth was, that many noble patriots, Whigs and Democrats, in both houses of Congress, rallied around and sustained the administi'ation in that trying time, and to them was chictly due the merit of settling that excitingtontroversy. Those measures, usually called the Compromise Measures of ISjO, were not in all respects what I could hav6 de- sired, but they were the best that could be obUiined, after a protracted discussion, that shook the republic to its very foundation, and I felt ])ound to give them my official approval. Not only this, but perceiving there was a disposition to renew the agitaton at the next session, I took the responsibility of declaring, in substance, in my annual message, that I regarded these measures as a ' final settlement of tills question, and that the laws thus passed ought to be maintained until time and experience should demonstrate the necessity of modifica- tion or repeal.'' " I then thought that this exciting subject was at rest, and that there would be no further occasion to introduce^ it into the lej^islation of Congress. Territorial governments had been provided for all the territory excifithat covered by the Missouri Compromise, and I had no suspicion that that was to be custurbed. I have no hesitation in saying, what most of you know alreadj'j that I was decidedly opposed to the repeal of that Compromise. Good faith, as well as the peace of the country, seemed to require, that a Compromise which had stood for more than thirty years should not be wantonly disturbed. These were my senti- ments then fully and freely expressed, verbally and in writing, to all my friends, north and south, who solicited my opinion. This repeal seems to have been a Pandora's box, out of which have issued all the political evils that now afflict the country, scarcely leaving a hope Cehind." But, we ask our readers to apjily this principle of executive action to the state of cir- cumstances that surround us. " The will of the people has been expressejl, through their representatives," in the Kansas-Nebraska act. Suppose the will of the people shull be ex- pressed through the same medium in favor of its repeal : can Mr. Fillmoi-e hesitate to ap- prove that repeal ? He must do so, or repudiate the most prominent principle of his ad- mini-.tration P Representing a state of executive neutrality, he is bound to apjily the sig- nature of the State as if it were but its seal to authenticate the constitutional and formal perfection of it's laws. We have shown that, even if it be assumed that the Kansas act was a legitimate conse- quence and corollary of the compromise of 1850, as it obviously is, and as is contended by those who introduced that act, and by tile whole Domocratic part), Mr. Fillmore would be compelled, on principle, to sign a bill for its repeal. • But, unha])pily, there is no such universal admi|sion pf the legitimate consistency of the Kansas act w ith the compromise. If there was,*there could be no dispute, for the same , approval which sustained the compromise would extend to the Kansas act. The question on trial before the American people is. Whether the Kansas act is alegiti- mats consequence growing out of and perfecting the compromise of 1800, or whether it is a flagrant disturbance or violation of that measure ? Tried by the test of contemporaneous construction, we find that a large portion of those who advocated the compromise now op- pose the Kansas act. Mr. Fillmore himself has condemned the " disturbance of the Mis- souri compromise." He, therefore, does not considei;the Kansas act ocnsistent with the compromise of 1850, and would sanction its repeal. Here are his words upon the subject : " Territorial governments had been provided for all the territory except tjiat covered by the Missouri Compromise, and I hxd no suspicion that that was to be disturlTed. I have no hesitation in sayin^-, what most of you know already, that I was decidedly opposed to the disturbance of that Compromise. This repeal seems to have been the Pandora's box. out of 25 which have issued all the political evils that now affect the country, scarcely leaving a hope behind." ■, ■, v \ \t- There can be, then, no logical doubt that Mr. Fillmore disapproves the repeal ot the Mis- souri restrictions, and would restore them ; nor that, if the Kansas act be repealed m whole or in part, he wouPd oppose it. To elect him President, is to concede all that the Black Kepublicans desire. Thev would carrv out their neforious legislation witliout obsta- cle, and all the fruits obtained bv an intense struggle of nearly two years would be lost to you, for even your enemies would triumph ; the first and greatest step in their plan would have been achieved, and the decree would be registered in mdeUble letters, • -\o more sia\e States in the Union," The FiUmore leaders openly advoca e the restoration of the Missouri restrictions. The rigid refusal on the part Af Mr. Fillmore to make an avowal of his intentions in re- lation to the present questions pending before the country, compels us to^ add other evi- dences daily presenting themselves that Mr. Fillmore will, if elected,^ sign a bill to restore the Missouri restrictions,and thus virtually repeal that section of the Kansas act which give^« that State the right of admission mto the Union as a slave State. This position is identical with that occupied by Black llcpubUcan pirty, and will comi)el Mr. Filhnore, if elected to carry out so much of their platform as relates toslaverj. But to the collateral evidences of Mr, Fillmore's purposes : For some time indication had been given that Mr. Fillmore favored a restoration oi an- tecedent legislation upon the subject of slavery. , olfl, ^f The Hon. Bayard Clark, of New York, a warm friend of ISIr. Fillmore, on the 24 ho July openlv avoVed his opposition to popery and slavery as " twin demons, and P^e %tu himself before God to an equal and uncompromismg war against both, lie ^^■"?"y|^^" ' '' enactment of the KaiLsas act, and declared himself m favor ot a restoration ot tne mi. - souri restriction. .. About the same date, Hon. Mr. Dunn, of Indiana, appointed State elector by the I'l - more convention announced a similar opinion In lavor of the restoration, opeakm^ oi i Missouri restriction, Mr. Dunn said : --it "^e was now persuaded that there WQuld be no effort made to effect its f ^top^^^"' ;ff believed that there would be no peace in the country until it should restored, eitncr in . u stance or in ftict. The prohibition of slavery within the territories of Kansas and .Neora- lu . was a thing to be done, or there would never be peace. He spoke this, not in a |'Pi"^ taunt or of threat, but as a sober truth. Alluding to Kansas, he declared tliat umu question was settled, the appropriation bills should never pass by his '^ote. -that would never give a dollar for any purpose until the great question oi indivldnal safety connected with Kansas affairs was settled. (Cries oi ' Cood, gooa. ) ina was tlie only way in which to hisure compliance— stop flie wheels ot government. tti the 29th of July the suggestion of Mr. Dunn " to stop the wheels of government was adopted by an amendment to the army appropriation bill, depriving the aim) oi au pay, unless the acts of the ICansas legislature should be repealed by Congress, neie is uif amendment : t • i < * ♦ " Jlnd provided, nevertheless, That no part of the military force of the United States herein provided for shall be employed In aid of the enforcement of the ^"=>^<"^f %^^> "J^ alleged legislative assembly of the Territory of Kansas, resently f^^^embled at hhaxu ee Mission, until Congress shall have enacted either that it was or was not a ^'^'.i^l \^S vv • assembly, chosen. In conformity with tiie organic law, by the people of the said ^^ni o ) , ■J^nd provided, That, until Congress shall have passed upon the va idity ot said e„=^ «i>^ ^assembly of Kansas, it shall be the duty of the President to use the military fo^^^ m saui Territory to preserve the peace, suppress insurrection, repel invasion, and Protect persoiu and property therein and upon the national highways, in the State of Missouri oi elsewhere from unlawful seizure and searches. . , i- ^i, .„.or,f nrcr-m- " Jlnd he it further provided, That the President is required to chsarm ^he piesent org^^^^^ ized militia of the Territory of Kansas, to recall all the United States ^^^ .theiem distuh uted, and to prevent armed men from going into said Territory to disturb the public peact- or aid in the enforcement or resistance of real 6r pretended laws. Upon the adoption of this amendment the vote- was yeas 91, najs S6. Amon >i in .e who voted for the amendment were Messrs. Dunn, Harrison, and Moore. Jhe ^oie these friends of Mr. Fillmore, if cast against the amendment, would have a^teatea ir. On the same day, however, all doubt of the position of the northern fnends ot Mr. » bia, having been read a second time, and consider.* as in committee of the who e. Mi Hale mov-ed that the bill be committed to the District of Columbia, with mstructions to amend it so as to abolish slavery in the District of Columbia. Lost by a large majonty among the nays Atchison, Fremont & Co.—See Coiigressional Globe, vol. 21, part Z, page 1850. The Fugitive Slave Law— The Great '' Repuhlican'' Gun forever Spiked — Mr. Fillmore fully Vindicated and more than Vindicated ly the united Tedimony ofiiis Adversaries. It is well known to the whole country that in all the Northern States, the vehemence and 28 vituperation vnth which Mr. Fillmore has been assailed, rests upon the single and solitary reason that he signed the Fugitive Slave Law. It has been in vain that his friends have accumulated fact on fact, that they have piled argument on argument to prove that Mr. Fillmore is wise, moderate, firm and patriotic, — all this was supposed to be neutralized by the fact that he signed the Fugitive Slave Law. It has been in vain that we have pointed to the virtues which adorn his private hfe, we have still been met witi the perpetually iterated assertion that he signed the Fugitive Slave Law. When we have explained the reasons and necessity for this act, his enemies have turned a deaf ear to all our statements, and exclaimed, as if it involved a sentence of final and irreversible condemnation, " he signed the Fugitive Slave Law?' Head the pa- pers conducted by his traducers, and it is the Fugitive Slave Law, and the Fugitive Slave Law, and the Fugitive Law. It has been in vain that we have pointed to the Constitution, which requires that fugitives shall be delivered up on the claim of their owners; it has been in vain that we have pointed to the example of 'Washin^n who signed a Fugitive Slave I^w, which forbade hospitality to the negro, and withheld from him trial by jury; it has been in vain that we have quoted the opinions of able jurists and constitutional lawyers who belong to the Republican partj-, like Judges McLean and Conkling ; it has been in vain that we have pointed to the doctrine formerly held by the Whig party, to tvhich Mr. Fillmore belono-ed, respecting the use of the veto power. All these arguments have been met by ci-azy declamation on the awful atrocity of Mgning the Fugitive Slave Law. The time has now come when all this vituperation will be silenced and put to shame. Mr. Fillmore stands ju^ified before the country not merely by the united testimony, but by the united example of his most reckless and virulent enemies. " Actions which speak louder than words," declare that the Black Republican party, in spite of all their bitter vituperation against Mr. Fillmore, have themselves passed the very same Fugitive Slave Law ivhich they condemn him for signing, and have applied it wliere it was not required by the Constitution. A few brief quotations and a simple statement of tacts, will carry conviction even to thos« who have been argument-proof before. First, we ask attention to the following : •' No person held to service in one State under the Laws thereof,' escaping into another , shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due." — U. S ConstHution. Art. IV. Section 2. _ It will be seen that this provision of the Constitution relates only to a slave escaping into a State, and makes no reqiAvement respecting fugitives in the territories. When, therefore, a fuo-itive slave law is ext^ded over the territories, it is not as in the case of the States, because the Constitution positively commands it. Bearing this in mind, read ihe extract from an act which passed the House of Representatives on the 29th of July, 1856, by a vote of ,88 yeas to 74 nays; seventy-six of the eighty-eight yeas being given by 7ncmbers cf the Re- publican party. The iiait which we quote is known as Dunn's amendment :_ Provided, however, That any person lawfully held to service in said Territories shall not be discharged from such service by sud'. repeal and revival of said cigylh section, if such per- son shall be permanently removed from such Territory or Territories prior to the Jirst day of January, eis:htcen hundred and jifty-eight ; AND ANY CHILD OR children rorn in either OF SAID TERRITORIES, OF ANY FEMALE LAWFULLY HELD TO SERVICE, IF IN LIKE MANNER RE- MOVED WITHOUT SAID TERRITORIES BEFORE THE EXPIRATION OF THAT DATE, SHALL NOT BE, BY REASON OF ANYTHING IN THIS ACT EMANCIPATED FROM ANY SERVICE IT MIGHT HAVE OWED HAD THIS ACT NEVER BEEN PASSED . ^ And provided further, THAT ANY PERSON LAWFULLY HELD TO SERVICE IN ANY Ol'HER STATE OR TERRITORY OF THE UNITED STATES, AND ES- CAPING IN 10 EITHER THE TERRITORY OF KANZAS OR NEBRASKA, MAY BE RECLAIMED AND REMOVED TO THE PERSON OR PLACE WHERE SUCH SERVICE IS DUE, UNDER ANY LAW OF THE UNITED STATES WHICH SHALL BE IN FORCE UPON THE SUBJECT.^:^, It is only necessary to subjoin the names of the Repubhcan members of the House, by whose votes this was'passed, and the nail is driven and clinched. Here they are : ^ ^ ^ ^ ^ 4 ^ ^ Charles J. Albright, Ohio ; John AUison, Penn. ; Lucian Barbous, Ind. ; Samuel P. Ben- son, Me. ; Pliilemon Bliss, Ohio , Samuel C. Bradshaw, Penn. ; Samuel Brenton, Ind. ; James Buttinton, Mass. ; James H. Campbell, Penn. ; Lewis D. Campbell, Ohio ; Calvin C. Chaffee, Mass. ; Schuyler Colfax, Ind. ; Linus B^ Comins, Mass. ; John Covode, Pemi. ; William Cumback, Ind.; William S. Damrell, Mass.; Sidney Dean, Comi.; Joim Dick, 29 Penn. ; Eclwavd Podd, New York ; Nathaniel b! Duvfee, R. I. ; John R. Eddie, Penn. ; J. Reace Emrie, Ohio , Thomas T. Flagler, N. Y. ; Joshua R.Giddings, Ohio ; William A. Gilbert, N. Y. ; Amos P. Granger, N. Y, ; Galusha A. Grow, Penn. ; Robert B. Hall, Mass. ; Aaron Horlon, Ohio ; David P. Holloway, Ind. ; Thomas R. Horton, N. Y. ; Valen- tine B. Horton, Ohio. ; -Jonas A. Hughston*N. Y. ; William H. Kelsey, N. Y. ; Rufus H. Kin"-, N. Y. , Chauncey L. Knapp, Mass. ; Ebenezer Knowlton, Me. ; James Knox, 111. ; Jahn C. lyunkel, Orasmus B. Matterson, N. Y. ; Kilhan INIiller, N. Y. ; Edwin B. Morgan, N. Y. ; Justin S. Morrill, Vt. ; Matthias H. Nichols, Ohio ; Jesse O. Norton, 111 ; Andrew Oliver, N. Y. ; John M. Parker, N. Y. ; Guy R. Pelton, N. Y. ; John J. Perry, Me. ; John U. Pettit, Ind. ; Benjamin Pringle, N. Y. ; Samuel A. Purviance, Penn. ; David Ritchie, Penn. J Alvah Sabin, Vt. ; Russel Sage, N. Y. ; William R. Sapp, Ohio ; John Sherman, Ohio ; George A. Simmons, N. Y. ; Francis E. Spinner, N. Y. ; Benjamin Stanton, Ohio. ; James S. T Stranahan, N. Y. ; Mason W. Tappan, N. H. : Benjamin B. Thurston, R. 1. ; Lemuel Todd, Penn. ; Mark Tnfpton, Mass, ; Edward Wade, Ohio ; Abram Wakeman, N. Y. ; David S. Walbridge, Mich. ; Henry Waldron, Mich. ; Cadwalader C. Washburne, Wis, ; Elihu B. Washburne, 111.; Israe. Washburn, Jr., Me. ; Cooper K. Watson, Ohio ; William W Welch, JohnM. Wood, Me. ; Joan Woodruff, Conn. ; James H. Woodsworth, 111. fe fe t t t h t t At the time of writing the article which we republish, it had escaped our notice that all the Republican members of the Senate had likewise voted for the fugiti^'e slave law. We have before us a record of the proceedings in the Senate on the 2 J of July, 1856. A ter- ritorial bill for Kansas being under consideration, Mr. Collamer, a RepubUcan Senator from Vermont, offered an amendment in the following words, as an aditional section to the bijl ; " And he it further enacted, That until the people of said Territory shall forni a constitu- tion and State government, and be admitted into the Union under the provisions of this act, there shall be neither slavery nor involuntary servitude in said Territory, otherwise than in punishment of crimes whereof the party shall have been fully convicted : Provided, al- ways. That any person escaping into the same from \\7iom labor or service is law- fully CLAIMED IN ANY StATE, SUCH FUGITIVE MAY BE LAWFULLY RECLAIMED AND CON- VEYED TO THE PERSON CLAIMING HIS OR HER SERVICE OR LABOR AS AFORESAID." The yeas and nays were ordered on this amendment ; and being taken resulted as follows : YEAS — Me.ssrs. Bell of jYew Hampshire, Collamer, Fessendcn, Foot, Foster, HALE, SEWARD, Trumbull, WADE, and WILSON— 10. NAYS— Messrs. Bayard, Bell, of Tennessee, Benjamin, Biggs, Bigler, Bright, Brodhead, Brown, Cass, Clay, Clayton, Crittenden, Dodge, Douglas, Eva^Fitzpatrick. Geyer, Hunt- er. Iverson, Johnson, Jones, of Iowa, Mallory, ^Nlason, Pratt. I^h, Reid, Sebastian, Slidell, Stuart, Thompson, of Kentucky, Toombs, Toucey, Weller, Wright and Yulee — 45. It will be seen that all the Republican members of the Senate voted for the fugitive slave law, which one of their own members had moved as an amendment to a biU! «>>' ^ o VV ,V^ ^- ^ ° " " -<- "^ -\*^ . - 0\' "} ^0' ^ IV .V 0^ ."''^ ^^^ N.MANCHESTER, '^P ^^m^^* '^ O^