LIBRARY OF CONGRESS DDDD5D23b4b .0- .^^ .. '.'i> y ^ ^ V" '^y ^^^ ^' ^ v^. "^^ •<•' A'- ^0^ ^o. ^^^e^ A'^ 4 o ^ V;^ -- c .\.^^^ .? ^' -•"^' Q I- ^'^0^ ■^ju .-'i •^^ %.*'■ ••/ ■'b y .0' Ov-, A v.' -St A^ '.>■V ^^^^"^■ iV^^ ^•^ ,0' SPEECH OF HON. PERCY WALKER. OF ALABAMA, THE PRESIDENTIAL ELECTION— THE ATTITUDE OF TARTIES— THE DUTY OF SOUTHERN MEN. DHLIVEREB IN THE HOUSE OF llEPEESENTATIVES, AUGrST 6, 1856. The Honsc being in Committee of the Whole, Mr. Walkek said : Mr. Chairman, much as I disapprove the habit of appropriating time which strictly belongs to legitimate legislation for general de- bate, merely to allow gentlemen occasion for expressing their peculiar views on the great political topics of the day — in bad taste as I esteem it — I am, notwithstanding, so placed as to be constrained to follow an ■example set by others. It is ray ]>urpo-se to address th<3 committee, or, to speak more pro- perly, to address through this committee my own constituents, in order that they can have no doubt as to what my position is, and what my intentions are in regard to the political canvass now going on. It may have been observed that ■ever since the nomination of Mr. Fillmore in February last, in Phikdelphia, I have been silent ; at least, I have ■abstained from any public expression of my opinions as to the merits of this or that candidate for the highest office of the country. This has not been from any indifference to the result. It has not been from any indisnosition to canvass the claims or ex- amine the avowed opinions of the candidates. On the contrary, sir, this silence has been forced upon rae by an earnest desire to wait for ■developments, to observe the movement of jvarties, to see how men holding leading positions in this or that party should define tliem- selvesj in order that I might take the whole as a guido, as ligiits in my own path, thereby insuring to myself at least some certainty that the patli 1 should eventually take in this canvass might be a safe and a wise one — such a one as a m.an moved by right instincts, mindful of his allegiance to the constitution, and hopeful of the perjictuity of the Uniun, so long as it shall subserve the great purposes of its crea- tion, should take. It is known to many members of this committee that in February last I was a delegate to the convention by which Mr. Fillmore was nominated for the presidency. In April last I addressed a letter to an editor in my own State, and that has been the only occasion upon which I have, in any puhlic form, alluded to the coming election. That letter was as follows, viz : [From the Floreace Gazette] LETTER FROM THE HON. PERCY AVALKEE. Washington, A2Jril 4, 1S56. To the Editor of the Florence Gazntte: Sir : Through tlie kindness of a friend, I have this raoraent received the foHowing slip, cut from a late number of your paper, and copied, as I am informed by you, from the ^'Nashville Banner," viz: " Percy Walker, of Alabama, made a speech apainst the introduction of slavery into an Amerinui jilafform. He would tell his southern brethrcTi that Pennsylvania would nerer sustain a platform with a slavery plank on it. He could tell them that the great North ■would not stand upon a slavery platform, llie peat North demanded a lestoration of tho Missouri compromise, and they would he satit^fied with nothing less than that. If they refused admission to the Edie council, they mnsi.on the same ground, throw out! all the delegates from the Nc^h,for they all repudiated, the twelfth section." The above is published as purporting to have been said by me in the late " National American Convention at Pliiladelphia." Taking it for granted that there can be no desire, either on your part or that of the editor of the " Banner," to do me an intentional vsrrono-, I am satisfied that you will allow me roam in your columns to declare emphatically that there is not a ivord of truth in the above extract. I used no such language as is there attributed to me, I was one of the committee on credentials, and concurred in the viinoriiy report, protesting against the admission of the "Edie dele- gates," as they were called, upon the ground that they were appointed by the councils that had re/mdiaied the 12th section of the platform of June, 1855. After the reading of the reports, Mr. Baldwin, of Connecticut, addressed the convention in favor of the majority report, which recommended the admission of the '^' Edie delegation." Ho contended that the question of slavery should be left out of the plat- form; that it was the intention of the North to fight that question in the halls of Congress ; that there must be a restoration of the Missouri restriction, &e. When he concluded, I, at" the request of Mr. Imboden, of Virginia, the author of the "minority report," took the floor in support of that report. I spoke nearly two hours, reviewing the history of parties for several years back, especially in relation to slavery, defending the institution as being in no sense an evil, and declaring emphatically that tho " southern Americans" ought not, and would not, consent to an ignoring of the question of slavery, or \}\q repudiation of the 12th section. It is unnecessary for me to attempt to give even the substance of the speech. But no one who heard it considered it otherwise tljan a southern-rights speech. As an evidence of this, I may \xd pardoned for saying that at its conclusion southern delegates, of the stricte&t State-rights school, thanked me for what they were pleased to termi my " full and triumphant vindication of the South." A short time after I had concluded, and before the convention ad- journed over, I left the hall. At a late hour that night I was in- formed that the "Edie delegates" had been admitted. That cir- cumstance, and the character of the speeches which I was informed ?. t-^-\L had been made by northern members after I had returned to my hotel, determined ine to withdraw from the convention^ and I did so next morning. On the foHowinp^ IMonday a proposition was ofTered by a nortliern delegate declaring that the restriction should be restored. This was voted doion by a majority of nearly one hundred, several southern States not being represented. ThivS vote, and the urgent solicitations of southern delegates, in- duced me to return to the convention. The propriety of this step I shall not now discuss. That I design doing at anotlier time, and through a different medium. My reasons tor voting for Mr, Fillmoro' in the convention will then be made public. Sufiice it for the present to say, that the southern members were assured that he was for main- taining all the exifiting Imcs upon the subject of slavery. A Avord more, ancl 1 am done. My course in the ensuing presi- dential contest Avill be governed by what I conceive to be my duty to the South, The indications now are tliat the question of slavery is to be the controlling one^ and in that event no southern man can permit parly allegiance to stand between him and the solemn duty of co-ope- rating with those who most fully recognise his rights and are ready to protect his interests. «. llespectfuUy, yours, &c., PERCY WALKER. I propose, in the first place, to account for my presence in that con- vention, and for my action there. Some months after I had taken my seat upon this floor, I received a notice tliat I had been appointed a delegate to that convention by the American party of Alabama. As an evidence of the spirit and purposes by which the Alabama convention was governed, I refer to the following portions of its plat- form, viz: " 1. Resolved, That, as the iustitution of slavery e.\i.st<;d in the States of the confederacy prior to the adoption of the constitution of the United States, and as the viglit to hold ■slave.; as /)/-f>/wfy was conccdi'd by the frameis of tlie constitution, and fully recoj^nisod therein, tlierefure slavery exists independent!}^ of the constitution ; and, as slavery is re- cognised and sanctiuned l)y the constitution. Congress, which derives all its powers from that instrument, cmnot legislate on the suliject of slavery, except for its protection where it legally exists ; that the Territories are the common property of all tlie States, and therefore the people of all the States have the right to enter upon and occupy any terri- tory with their slaves as well as other property, and are protected by the constitution nnd Hag of the country ; that Congress has no right to logi.slat>e sLxvery into nor to exclude it from a Territory ; and tlTat neither Congress nor a territorial legislature has any right or power to legislate on the sul)jcct, except so far as muy be necessary to protect tlie citizens of the Territory in the possession and enjoyment of their slave property. " 2. Ilesolvcd, That the power to exclu'le slavery from, or establish it in, a Territory, resides exclusively in a convention of the jieople of such Territ(;ry, legally assembled un- der the constituliun of the United States, to form a State constitution preparatory to ad- «iLs,sI'jn into the Union. In ihat constitution the people of the Territory liave tiie sole righ^ and exclusive power to determine for themselves whether slavery shall or shall not e.\ist ?n said Territory. " .i. Rf-fdvcd, That the opposite of the doctrines imljodied in the two preceding reso- lutions, commonly known as ' sviuattcr sovereignty,' is utterly repudiated and condemned by this convention as violative of the spirit of the constitution, and an insidious and alarming infringement upon the rights Of the slaveiiolding States ; that it is indefensible in principle and dangerous in practice as the Wilmot proviso — 'the most monstrous doc- trine ever advanced by an American statesman,' and the people of the South ought not to, and will not, submit to it. "4. liesvlved, That this convention regards a strict adherence to the principles and views contained in the foregoing resolutions absolutely essential to the peace and per- petuity of the Union, and we do pledge ourselves, one to the other, that wc will affiliate with no party, nor support any man for office, under the government of the State or of the United Stati.'s, wlu) does not publicly and unequivocally avow the principles of these resolutions, without change or abatement. " 5. Resolved, That, in view of the increased dangers that threaten the institutions of the South, this convention deems it necessary to, and does hereby, rc-endorse and adopt the following, known as the ' Georgia platform,' to wit , 'That the State of Alabama, in the judgment of this convention, will and ought to resist, even (as a last resort) to a dis- ruption of every tie which binds her to the Union, any action of Congress \ipon the sub- ject of slavery in the District of Columbia, or in places subject to the jurisdiction of Congress, incompatible with the safety, the domestic tranfjuillity, the rights and honor of the slaveholding States ; or any act suppressing the slave trade between the slaveholding States, or any refusal to admit as a State any Territory applying, because of the existence of slaverj' thei-ein ; or any act prohibiting the introductiuu of slaves into the Territories ; or any act repealing or materially modifying the laws now in force for the recovery of fugitive slaves. ' ' ' At the same time that convention pledged itself to carry out the following resolution which had been adopted by a convention of the same party in November, 1855 : "Congress has no power to legislate upon the question of slavery in the States where it exists, or to exclude any State from admission into the Union because its constitution does, or does not, recognise the institution of slavery, or to abolish slavery in the District of Columbia. The fugitive-slave law should be maintained and aigorously enforced. No law or regulation shall be attempted by Congress touching the qmstion of slavery in the Territories ; but that it shall cease to agitate the question of slavery in any form. We regard a strict adherence to the principles and views of this section absolutely essential to the peace and perpetuity of the Union ; and we do pledge our-selvea, one to the other, that we will affiliate with no party, nor support any man for office, under the government of the State or of the United States, who does not publicly and unequivocally avow tlie principles of this section, without change or abatement." The State convention also expressed the opinioiii that the American party should make no nominations for the jjresidency or vice presi- dency at the February convention. Similar action had been taken by the party in Georgia, and I think in some other of the southern States. Before the holding of that convention in Philadelphia the national council of the American party had assembled there and had taken action. I was not a member of that council. It adopted a platform. Before I take my seat I propose to discuss it. When the convention met, a controversy arose as to the right of delegates from the State of Pennsylvania to seats on that floor. What part I took in regard to that controversy is shown in my letter above quoted. My friends from Tennessee, [Messrs. Zollicoffer and Ready,] who were there as delegates, will recollect that I then said that the south- ern Americans ought not, and would not, consent to an ignoring of the question of slavery, or the repudiation of the 12th section, as contained in the June platform of 1855 ; that they would not be willing to take any man, however pure and however exalted he might be, if, by the action of the convention or council, acting for the party, speaking by its authority, and assuming to be the exponent of its opinions and views on this great question, that section should be stricken from the platform. 1 said that, in that event, the American party South would no longer liarraouize witli those members living north of ]\Iason and Dixon's line. The convention adopted no ])latrorm, nor did it give any formal sanction to the one tianied hy the council a few days previously. In- deed, the southern members generally denied the authority of the council to prescribe any platform, and acted in convention without reference to what had been done in the council. Before my return to tlie convention, it became manifest that a largo majority were in favor of nominating candidates for tlie presidency and vice presidency. The more conservative members believed that nominations at that time were essential to the interests of the party — that delay might possibly add such strength to George Law as to in- sure his nomination, and that such a selection would be disastrous. Again, it was feared that an adjournment of the convention without making nominations would involve the risk of defections in the nortliern States, in consequence of the prevalence of anti-slavery opinions, Mr. Fillmore was put in nomination, and I voted for liim, and for the following reasons : He was the least objectionable candidate ])ro- posed. He was resi)ected for his prudence and moderation as a public man. His administration, without having been at all brilliant, had been characterized by fairness and dignity, and, in the main, had commanded the approval of the country. He was sujjposed to be able to rally to liis support a larger share of the conservative men of the North than any of his competitors, and would thereby weaken the sectional movement in the free States against the rights and interests of the Soutli. I voted for him in my representative capacity as a del- egate, feeling confident that the party in Alabama preferred him to either of the other candidates voted fi^r. It is true that Mr. Fillmore had been a Whig, while my former aifinities and connexions were democratic; yet, in joining the Amer- ican party, which I believed to be a great reform movement, I laid aside all my old party prejudices. I had looked to this new movement as one needed by the country, as required by a general necessity — as a movement springing* from the great masses of the country, who had become tired with tlie mis- erable scramble for the spoils, and whose patriotism would preserve this Union intact. I voted, therefore, for Mr. Fillmore; but it is , known to those who were there that I uniformly said that I would support no man who stood upon the platform which had been ado2)ted by the council of February, 1850. ]\Iy friend from Tennessee, [Mr. Zolltcoffeu,] and my friend from Mississippi, [Mr. Lake,] who were members of that convention, Avill bear me witness that it was generally declared that Mr. Fillmore was nominated without reference to this platform, and that many mem- bers of the convention denied the power of the council to make the platform binding upon the party. Well, sir, what followed? Mr. Fillmore returned to this country from his European visit. In his letter of jKiceptance, dated at I'aris, what does he say? After returning his acknowledgments for the honor conferred upon him, and expressing his opinion of the patriotic purposes of the party, he employs the following language : " So estimating tliis party, botli in its present position and future destiny, I freely adopt its great leadinpr principlts, as announced in the recent declaration of the national council in riiilailelphia, a copy of wliich you were so kind as to enclbso to me, holding them to be j\ist and liberal to every true interest of the country, and wisely adapted to the estab- lishment and support of an enlightened, safe, and effective American policy, in full ac- cord with the ideas and the h()j)es of the fathers of our republic." He there unequivocally adopts and endorses the council platform, A comparison of that platform with that of June, 1855, will clearly show that the relations between Mr. Fillmore and tlie southern mem- bers of the convention who had sup])orted him were entirely changed. They contended that the 12th section of the June ])latform of 1855 was still in force and binding upon the party. That section, in its essential features, had been repudiated and stricken out by the coun- cil, and Mr. Fillmore, in accepting the nomination, plants himself on the platform erected by the last council. The I'ith section is as follows : "XII. The American party, having arisen upon the ruins, and in spite of the opposi- tion, of the Whig and Democratic parties, cannot be in any miuiner responsible for the obnoxious acts or violated pledges of either. And the systematic agitation of the slavery question by those partice having elevated sectional hostility into a positive element of political power, and brought our institutions into peril, it has therefore become tlie impe- rative duty of the American party to interpose for the purpose of giving peace to the country, and perpetuity to the Union. And as experience has shown it impossible to re- concile opinions so extreme as those which separate the disputants, and as there can be no dislumor in submitting to the best guai'ant<;e of common justice and of future peace, we are determined to abide by and maintain the existing lawsupun the subject of slavery, as a final and conclusive settlement of that subject, in spirit and in substance. "And regarding it tlie highest duty to avow their opinions upon a subject so important, in distinct and unequivocal terms, it is hereby declared, as the sense of this National Council, that Congress possesses no power, under the constitution, to legislate upon the subject of slavery in the States where it does or may exist, or to exclude any State from admission into the Union because its constitution does or does not recognise tlie institu- tion of slavery as a part of its social system ; and, expressly pretermitting any expression of opinion upon the power of Congress to establish or prohibit slavery in any Territory, it is the sense of the National Council that Congress ought not to legislate; upon the sub- ject of slavOry within the Territories of the United States, and that any interference by Congress witli slavery as it exists in the District of Columbia woidd be a vi(dation of the spirit and intention of the compact by which the State of Maryland ceded the District to the United States, and a breach of tlie national faith." It will be seen that this section pledges the party '' to abide by and maintain the existing laws upon the subject of slavery as a final and conclusive settlement of that subject, in spirit and in substance." This, of course, includes that section of the Kansas-Nebraska bill which repealed the Missouri restriction of 1820, and also the fugitive- slave law. The 12th section also declares " that Congress possesses no power, under the constitution^ to legislate upon the subject of slavery in the States where it does or may exist, or to exclude any State from admis- sion into the Union because its constitution does or does not recognise the institution of slavery as a part of its social system." It also declares " that Congress ought not to legislate upon the sub- ject of slavery within the Territories of the United States," &c. Well, sir, what is the }ilatform of February 21, 185G, and what changes did it make on that of June, 1855 ? Here it is: Know-No(hing riat/onn of National Council, February, 185C. 1. An humble acknowledgment of the SupTcine Being who rules the universe for His protecting (.mio vouchsafed to our fathers in their successful revolutionary struggle, and feitherto nianift'sted to us, their descendants, iu the preservation of tiie liberties, the in- aramount to all other laws as rules of political action. 6. The unqualified recognition and maintenimcc of the reserved rights of the several States, and the cultivation of liarmony and fraternal good-will between the citizens of the several States, ami, to this end, non-interference by (longress with questions apper- taining .soh'ly to the individual States, and non-intervention by each State. 7. The recognition of the right of the native-born and naturalized citizens of the Uni- ted States, permanently residing in any 'i'erritory thereof, to frame tlieir constitution and laws, and to regulate their domestic and social alTairs in their own mode, subject only to the provisions of the federal constitution, with the right of admission into the Union whenever tliey have the retiuisit-e population for one representative in Congress : Provided, ahvays, that none but those who are citizens of the United States, under the constitution and laws thereof, and who have a fixed residence in tiny such Territory, ought to partici- pate in the formation of the constitution, or in the enactment of laws for said Territory or State. 8. An enforcement of the principle that no State or Territory can admit otliers than native-born citizens to the riglit of suffrage, or of holding political oltice, tmless such per- sons sliall have been natiu'alized according to tlie laws of the United States. 9. A change in the laws of naturalization, making a continued residence of twenty-one years, of all not lieretofore provided for, an indispensable requisite for citizensliip iiere- after, and excluding all paupers and persons convicted of crime from landing uiiun our shores ; but no interference with the vested rights of foreigners. 10. Opposition to any union between ('hurch and State ; no interference with religions faith or worship, and no test oaths for office, except those indicated in the 5th section of this platform. 11. Free and thorough investigation into any and all alleged abuses of public function- aries, and a strict economy in public expenditures. 12. Maintenance and enforcement of all laws, until said laws are declared null and void by competent judicial authority. 13. Opposition to the reckless and unwi.se policy of the present administration in the general management of our national affairs, and far more especially as shown in Bcmoving •'Americans" (by designation) and conservatives in principle from office, and placing foreigners and ultraists in their places ; as shown in truckling subserviency to the stronger and insolent and cowardly bravado towards the weaker powers ; as shown in reopening sectional agitiition by the repeal of the Missouri compromise ; as sliown in granting to unnaturalized foreigners tlie right of sufi'rage in Kansas and Nebraska ; as shown in its vacillating course on the Kansas and Nebrask;i ([uestion ; as sho\\n in the removal of Judge Bronson from the collectorship of New York, upon false and unteniible grounds ; as shown in the corruptions which pervade some of the departments of the government ; as shown in disgracing meritorious naval officers tln-ough prejudice or caprice ; as sliown in the blundering mismanagement of our foreign relations. 14. Ilierefore, to remedy existing evils, and prevent the disastrous consequences other- wise resulting tlunefrom, we wouUl build up the "American party" upon the principles hereinbefore stated, eschewing all sectional questions, and imiting upon tliose purely na- tional, and admitting into said party all Ameiican citizens (referred to in third, fourth, and fifth sections,) who openly avow the principles and opinions heretofore expressed, and who will subscribe tlieir names to this platform ; provided, nevertheless, that a majority of those meml)ers present at any meeting of a local council, where an applicant applies for niemliership in the American party, may, for any reason by them deemed sufficient, deny admission to sucli applicant. 15. A free and open discussion of all political principles embraced in our platform. 8 Now, in the first place, it will Le observed that tliis platform studi- ously avoids the use of the word slavery from be«^inning to end. The 12th section of the old platform dechired tliat it was the highest duty to avow their opinion upon so important a subject as slavery. The council of 1856 admitted no such obligation, and evidently sought to keep the party uncommitted on that question. The 12th section of the old platform insisted upon an adherence to and a maintenance of " existing laws upon the subject of slavery." The new platform only pledged its framers, in general terms, to the " maintenance and enforcement of all laws until said laws are de- clared null and void by competent judicial authority." So far as this refers to laws affecting slavery, it is a complete repudiation of the June platform, for the latter declared those laws to be final and con- clusive ; and by such declaration arraying the party against any at- tempt to make those laws the subject of litigation in the courts or of congressional action. The object of the council of June, 1855, was to put doicn agitation upon the subject of slavery ; the effect of the action of the council of 1856 was to renew that agitation, by making the laws relative to filavery the subject of investigation. Besides, tlie new platform, in express terms, condemnfl the repeal of the Missouri compromise, and, in doing so, impliedly binds those who have adopted that platform to a restoration of the Missouri restric- tion. To sum up the differences in the two platforms : 1st. That of June, 1855, regards " existing laws upon the subject of slavery as final and conclusive." That of February, 1856, contains no such avowal ; but, on the contrary, contemplates either their repeal through tlie legisla- tive department or their annulment by the judicial tribunals. 2d. in June, 1855, it was declared "that Congress had no power to exclude any State from admission into the Union because its constitu- tion does or does not recognise the institution of slavery as a part of its social system." In February, 1856, the council passes this matter over, makes no such declaration, shi'inks from doing that which the South had a right to expect, and thus tails to afford any guarantee of the safe action of the x^'i-rty in the future. 3d. The first platform declares " that Congress ought not to legis- late upon the subject of slavery within the Territories of the United States, and that any interference by Congress with slavery as it exists in the District of Columbia would be a violation of the spii'it and in- tentions of the compact by which the State of Maryland ceded the Dis- trict to the United States, and a breach of the national faith." The last platform contains no such avowal ; neither approves nor condemns further legislation by Congress upon the subject of slavery in the Territories, nor denounces any interference witb slavery in the District of Columbia. 4th. In the most unmistakable terms it deprecates the repeal of the Missouri compromise, which repeal was sanctioned by the platform of June, 1855. Well, sir, we have seen by his letter of May last that Mr. Fillmore adopts a platform that takes from the party all claim to nationality, and releases it from its former pledges to abide by and maintain laws that are all-essential to the rights of the South, the equality of States, and the peace of tbe Union. But altliou<:;:h I regarded the sentiments expressed in that letter as fully exonerating me from any obligation to support Mr. Fillmore, I yet determined to await his return to the United States, and see what course he should take after he had an o]iportuuity of learning pre- cisely the condition of affairs, and the real position of the party. After his return, and on his journey from New Yoi'k to his home, he made several speeches explanatory of his opinions upon public affairs. At Rochester he is reported as follows, viz : "Mr. Fillmore said that he had no reason to disguise liia sentiments on the subject of the Misjsoiiri com]ironiise, which seemed to he the chief soin-cc of the imr.n-tnnatc agita- tions that now disturb the peace of the country. He said that it would be recollected when he came into the administration the country was agitated from centre to circum- ference with the exciting subject of slavery. This question was then forced upon the country by the; ac *,•' *■*''% °^i%*':' A^-V. ,-.^' .r.:i> ^. V ^. .^^ r. V (■^ 0^ ." '^^ e--* <=>^ v--'^-- * "^ * <^^ .^^ .-', <^ ^^ .«-.. r?-.!-,' - ^O / >P -r, ^^ r>^ ^oV" ^^r^. V ;^^ o^ '^o.-i'^ :>' -^^0^ .^^°- c m