■» o ' • «* ^ .s^"-. ♦ A^ W ^^ ^T^ -^ ..- / \*^^\/.. %.-•.■ . //i:^.> ./\.i^>X .//i.^.>. >*\.^ V. A^ tit * AN E VTION POWER AIO DOT! OF THE GO\'ERfilllGPOW[H OF THIS NATION IN THE FUESENT CKISIS. BY HON. JOHN C. CHAMPLIN. The time has now come, when the dan- gers which menace a dissolution of the Union, make it the duty of every citizen to contribute whatsoever is in his power to- wards averting that catastrophe. In the discharge of my part of that duty, I pro- pose to present to my fellow citizens, ac cording to the best of my ability, a state- ment of the questions with which, upon that subject, they uc^ stand confronted ; and of the duties and ^^emedies which the crisis demands. In order to comprehend our position and duties, it is necessary to possess our- seWes of a clear understanding of the na- ture and origin of those causes which are now threatening the Union with destruc- tion. In my judgment they are not of a poli- tical character. Nothing that the govern- ment of the United States has ever done, or has failed to do; nothing that they are now invoked to do, or to forbear from do- ing, has brought us into the presence of the dangers that confront us. It would be a useless waste of time and argument to examine all the political questions that have been assigned as the causes of our present position, and demon- strate that they are not so. Two, and those the most prominent, will suffice. — The non-execution of the fugitive slave law is one; the omission of Congress to pass a law ibr introducing and upholding slavery in the Territories of the United States is another. The non-execution of the fugitive slave law! Eemembering that this law — the 1850 part of it — is conceived in terms of insult and contumely towards the people among whom it was to operate, or is be- lieved by them to be so — what law, State or National, North or South, was ever exe- cuted with equal fidelity ? Have the la^rs against the slave trade been equally so ? — Has that other provision of the Constitu- tion, that citizens of each Stato shall bo entitled to all the privileges of citizens of the several States been executed at all? and has it not been long and constantly violated by the people, if not the States of the South, in their confiscations of the property, in their imprisonments, exiles, and murders of citizens of tho North? — The fugitive slave law of 1850 has been in operation ten years. Can any man point out ten cases — an average of one a year — in which its execution has been successful- ly resisted — tho resistance remaining un- punished? Is it not true, that in every State, in every year, the laws against mur- der have been violated with an impunity greater than the impunity attending the execution of the fugitive slave law in ten years ? Yet the law for the punishment of murder is one ordained by tho people of the States themselves, for the protec- tion of their own lives, and is in perfect harmony with their feelings and senti- ments. The other is a law which they justly regard as insolent in its provisions, and in the objects it seeks to accomplish, abhorrent to their feelings. And yet this law has been executed by Nortliern magis- trates and Northern juries, with equal, probably greater, fidelity than the other. Wherefore? Let no man niiotako the reason. Let every man pause I'^ng, and ponder well, before he answer ' ■ *br.t answer there is a moral an( ' :- nificance, tkat lies at the fou > ■ . ail 1 the affairs of men. Looking revt really at the Constitution Avhich his fathers made, the Northern citizen sees theve, \\ thisbe- ! half, his Duty pointed out. And looking I to the circumstances under which this du- ty was enj®ined, he sees that its perform- ance is commanded by that other senti- ment without which States cannot exist — the sentiment of Honor. If these things are true, and I believe their truth cannot be mipugned, let no man hereafter say that the magistrates, the juries, the peo- ple of the Xorth have failed in tho per- formance of a duty, however painful, or have not evinced, in its performance, that to them honor was a sentiment that out- weighed the care and preservation of life. And now, let the position of the other question be examined — the omission by Congress to pass a law establishing and maintaining slavery in the Territories— and it will equally be found that tuat is not the cause of the threatened disunion. The POWER and the duty of Congress in this regard is not now to be argued. That question has been submitted to the Ameri- can People, and their verdict thereon stands recorded. By that verdict it stands established that Congress possess that power, but that no political necessity im- poses the duty, or declares the justice of exercising it. Against the justice and po- licy of exercising that power, stand the voices of all those who voted for the Re- pubhcan candidate for President, and these constitute a majority of the electoral vote, and a majority of the States of the Union. With these are joined, also, the voices of all those who voted for Mr. Douglas; and these joined with the other, constitute a majority of the people of the i United States. That verdict will not be ' reversed, and cannot be resisted without ' destroymg the principles upon which Re- publican Governments are founded. Nov is there any just ground to desire its re- versal on the part of any portion of the people, or any one or more of the States of the Union, even if its reversal could be attained without a sacrifice of either prin- ciple or expediency. For all men knoAv that the status of the Territories of Kansas, Washington, and Nebraska, is already de- termined, beyond the power of any legis- lation by Congress to modify or alter itT — And all men know, or may know, why it is so. It is not the legi.-;lation of Congress that secures freedom, or fastens slavery upon a Territory, but the character of the emigration which establishes its settle- ment. Since the year 1850, there has been but one Territory, present or prospective, in rcga.-d to which the character of that emigration _?ould be doubtful. That Ter- ritory was Kansas. With two slave States interposed between its frontier and that of freedom; with a soil and climate best adapted, of any portion of the public do- main, to tho productiveness ef skvfe labor, it seemed that here, indeed, the interests of slavery might be maintained. But in spite of the legislation of Congress — ^in spite of whatsoever else there is that patriotism would wish to blot from the page of history, Kansas is free. Utah and New_ Mexico, with slavery sanctioned by Territorial Legislative enactments, are not yet slave States. Examine their climate, soil, and productions — flanked by the free State ©f California on one frontier, and the free State of Kansas on the other — is it doubtful whether they will ever become so? These questions are already settled, then, by laws supeuior to those of Con- gressional enactment, or the dictum of whatsoever judicial tribunal. No political action of the government, in this behalf, remains to be exerted, either in the inte- rest of slavery or in the interest of free- dom. ^ And now, where is the pretence for disunion, in respect either to slave code enactment, or the insuflScient execution of the fugitive slave law ? Is it needful, after this, to examine personal liberty bills, that never yet interposed to prevent the return of a single slave to his master ? Yes, in the interest of slavery I will say, that if they interpose between the master and his right to recapture his slave, they are void, and therefore harmless ; and in the inte- rest of freedom 1 have a right to say, that while no State can lawfully resist the re- caption of a fugitive slave, whether by the master's own right arm, or with the bor- rowed arm of the general government, yet each sovereign State has a right to inspect the proceedings under which that recap- tion is effected, and equally so, whether the recaption is made by the master in person, by his agent under seal, or his at- torney, the Government of the United States, in right of the master. To that ex- tent personal liberty laws are within the powers of the several States, and enjoined by the duty they owe to every person found upon their soil — that of personal protection against unlawful aggression. And now, who does not see'that it is not from political grievances, either real or supposed, that the threats of disunion spring ? Is it not manifest, that if every personal liberty bill was repealed — every fugitive slave that escapes returned or paid for — a code establishing and protecting slavery in every Territory of the United States was enacted — reserving to the Ter- ritories the right of admission as free or slave_ States, as they might desire — that the rights and condition of the slave States in that regard, would remain substantially the same as they now are ? A slave paid for once a year — a few murders and rob- beries in the Territories, beyond what would otherwise happen — these are about the sum of the positive results that would be derived by the South, from granting the enactment of these measures. The effect of yielding to these demands on the part of the Morth, is entirely a dif- ferent question. — Happily, that is a ques- tion which it is not needful to discuss. Odious as the fugitive slave laAv is, the Republican party have never proposed to repeal or impair it. The eminent citizen whom they have elevated to the Presi- dential office, has declared that it was the duty of the President to execute it. lie also will declare, in apt and proper time, perhaps, that there are some other laws of the United States, operating vipon white men (but the operation of which has not been invoked since the celebrated trial in Richmond, Virginia, forty years ago, or more) which it may become his duty to execute upon than, as well as this law upon the black "person." With the existing legislation in respect to the Territories, the Republican party have not the present power to interfere. — They have never proposed any substantial interference with it, if they had the power, so far as I know. Whatever right the southern planter now has, to go into any of the Territories of the United States with his slaves, and to hold them in slave- ry there, the Republican party do not pro- pose to deprive him of. They claim, indeed, the right to do so whenever they have the needful majority in Congress; but con- scious that it is a barren right, they have never proposed so far as I know, to 'exer- cise it. But there is one thing in this regard that they do propose to do. They do pro- pose, as soon as they acquire the power, that the course of peaceful emigration, both by the planter and the free settler, shall not be interfered with, by violence or intimidation from any quarter. They intend, as soon as they acquire the powei', to protect every settler in the Territories, in his person, in his property, and in the exercise of all his rightful franchises. As this will bo a material departure from the policy of the (government during the last six years, it may be that it will be regard- ed in certain quarters of the Union, and by certain public functionaries, as revolu- tionary in its character, and justifying re- bellion. That, however, is a question 1 do not propose now to discuss; though candor compels me to admit, that it is a more se- rious abridgement of the powers hitherto exercised by certain portions of the Union, than any which result from the other griev- ances which have been examined. It is not needful to joursue this exami- nation farther. Every man can see that is willing to see, from what source the threats of disunion do not spring. Other grounds must be explored in order to find the source from which they do proceid; and unhappily, it is not far wo shall have to go to find them. It belongs to the philosopher to enquire, and it may not be unworthy of the States- man to join in the enquiry, whether a long course of peaceful administration, so con- ducted as to cause a constant cultivation of the fraternal feelings and reasoning powers of all the membei's of the body po- litic, will not tend to the transmission of these peaceful qualities from generation to generation. If there is any considarable degree of truth in the foregoing intimation — and I am strongly of opinion that a dili- gent enquiry into facts' would go far to- wards establishing it as a solid and im- pregnable truth — then indeed, a key is placd in the hands of the Statesman, where- with he may unlock the mysteries of the present imbroglio, and command, or, at the least, powerfully influence the desti- nies of the future. For insolence and a lust of unjust and desjjotic power, haye a place, also, deeper, or more patent, in every heart; and if fostered and stimula- ted, by a government, or by a state of so- ciety constantly operating in that behalf, they must augment from generation to ge- neration, until they culminate in destruc- tion at last — unless indeed some strong and rightful hand shall arrest the madness in its course, and stay it there until reason shall have time to bring the patient home. Looking to the constitution of society in the Southern States — Looking at their long and despotic control of the General Government — Looking at the political causes assigned for their dissatisfaction, and seeing their insufficiency — Looking to the moral causes that have been pointed out, and seeing their sufficiency, — the gov- erning power of the United States must come to say, that they do understand the causes upon which threats of disunion rest, and must now proceed to consider, and so far as is needful to declare, the remedy which their duty enjoins them to apply. Conscious of the uprightness of their in- tentions — Conscious of the forbearance that is due to errors of opinion — mindful of the cardinal principle upon which re- publican governments rest, that the ma- jority must bear rule, as well as of the hu- mane qualification of that rule, that the just rights of minorities should be consider- ed and respected, the governing power of 1 the United States approach the execution of their duty, with n firm reliance upon the soundness of their judgment, — con- scious rrn..:' voii — imt - ;;,- ii.ii:\— . : am iirr-i— ' decree he is iiony called on to his execution of all your ri^-ii ments ? If it be true that the spirit of mn-: in the future, as it s' then, men of to-day ! t ! are fastened upon you! mankind, involved in tli man's capacity f ; honor of your f;i' vital force of tlie ■ ed on to uphold— dicating your wi-^ uphold, the char; to your haiiiK ■ Tou must noir make. — And 1. , .,. . ,,,. . .^ ... ., . -i.n , ..i 'C s-.'f' ,0 -r. ■^ 4> O * " ■'^j-i^'^ ■.r<^ V co\ci^.> ./.-^^'X c,°*,-i.i^.*°o •*b v..*' ^0