Gopyiight X a .S4ft?, COFUUciit u:;posrr. / "v. */. % //t£^ ///s- s£a^-c <&s. THE LIFE OF T N. EWARD WITH SELECTIONS FROM HIS WORKS KDITED BY GEORGE E. BAKER ry REDFIELD 110 AND 112 NASSAU STREET, NEW YORK. *£^y / {/fi&uAf*y&- ^4/t^c -v , / r rr. B- - 7 1854 Bi J. a EtEDFIELD, in the Clerk'i the District • in nod for the Boatharn BTKREOI Yl'KD . 13 CI" •■ I PREFACE. « The Works of William H. Seward" are already before the public in three large volumes. They have been received with much favor. At the same time they have increased the demand for an edition in a more reduced and economical form. The present volume is intended to meet that want. The Memoir which follows is substan- tially the same as that contained in the larger edition. Its faithfulness has been generally acknowledged. Two new chapters have been added to it in the present volume. They recite the history of the Compromises of 1850, the defeat of the Whig party in 1852, and the abrogation of the Missouri Compromise in 1854. A number of extracts from Mr. Seward's Speeches have also been introduced to illustrate the text. A portion of the volume has been appropriated to Selec- tions from Mr. Seward's Works. Among these Selections will be found extracts from most of his Addresses and Orations, his Executive Messages, his Forensic Arguments, and his Speeches in the Senate. Although comparatively few and brief, they embrace a great variety of topics under the heads of Agriculture, Internal Improvements, Educa- tion, Freedom, Commerce, and Miscellaneous. Besides 4 FACE. the extracts in these general divisions, Mr. Seward's Ora- tion on the Destiny of America, and his two elaborate Speeches in the Senate on the "Nebraska Question," are presented entire. Recent events have given great interest ami significance to many of Mr. Seward's Speeches. The prophetic warn- in-- which abound in his Speeches on the Compromise Acts of 1850 appear now li history. Whoever will compare his S] ches on the abrogation of the Missouri Compromise with those of j nd also with his earliest productions, can hardly fail to award him the praise of consistency with himself, whatever judgment may be pa— >l upon the principles he i faithfully defended. Ami, while all may aol b i allow that no errors have iirred in his public life, few will contend that any moti inconsistent with the highest regard for the interests of Unman Nature or the honor of his country has ever indu- ced him. It may !>• . Mr. Seward himself has re- marked, that in perfect the diffusion of knowl- edge — in desiring to »m degradation Less-favored 3, depressed by unequal laws — or in aiming t<> carry into renm: the physical ami com- mercial advantages enjoyed by more-favored districts, he has urged too earnestly w] smed to him \<> be the ims <»f humanity, justice, and equity, lint, while the Lict Ls not to be Looked for in the passing hour. \\ very manifest that a irous appreciation ha- hitherto met all his efforts, from a Large and steadily-increasing portion of his fellow-citize i Buch we trust this vol- ume will not be unwel The Editor, CONTENTS. CONTENTS OF THE MEMOIR. CHAPTER I. The Seward Family. — John Seward. — Revolutionary Anecdote. — Samuel S. Seward.— The S. S. Seward Institute.— The Mother of "Wiliiam H. Seward. — Irish Lineage. — Ireland and Irishmen. . .page 13 CHAPTER II. William Henry Seward. — Birthplace. — Boyhood. — School-Days. - His Father's Slave. — Orange County. — Goshen. — "Warwick. — Flor- ida. — Settlement. — Scenery. — George, James, and De Witt Clinton. — Anecdotes. — Farmer's Hall Academy. — Aaron Burr. — Koah Web- ster. — Young Seward enters Union College at Fifteen 1*7 CHAPTER III. His College Life. — Characteristics. — Favorite Studies. — Visits the South. — Becomes a Teacher. — Slavery. — Anecdotes. — The Slave and the Blind Horse.— The Slave Mother. — Return to College. — The Adel- phic, Philomathean, and Delphian Societies. — Exciting Contests. — Triumph of Seward. — Orator of the Adelphic Society. — Graduates. — William Kent. — Dr. Hickok. — Professor Lewis. — Seward appoint- ed to address Daniel D. Tompkins. — His Relations with Dr. Nott and his College Companions 20 CHAPTER IV. Enters the Law-Office of John Anthon as a Student. — Completes his Studies with John Duer and Ogden Hoffman. — Admitted to the Bar. — Removes to Auburn. — Associated with Judge Miller. — Mar- riage. — Children. — Auburn, its Characteristics. — Mr. Seward's Re- ligious Principles. — His Early Devotion to Public Improvement. — Character as a Lawyer. — John C. Spencer. — Joshua A. Spencer. — Albert H. Tracy.— John M. Hulbert.— William M. Brown.— Mr. Seward's Success at the Bar 25 b CONTENTS. CHAPTER V. His Political Predilections. — His Father an ardent Democrat. — The Leaders of the Democratic Party unfaithful to Freedom. — Mr. Sew- ard tab l od against Slavery. — His Views and Course, — His Views of the Albany Regency in 1824. — Delivers an Oration July 4, 1825. — i;on then on Im] . stions. — Oration for Greece — En Berdan. — Young Men's Convention. — Mr. Seward pr< L — -John Q. Adams and General < — Anti-M ment — Mr. Sew- ard nominal . — Supports tin- Na- tional Republican the StateS aate. — Elected 29 VI. Mr. Seward enters th< — His rition % and — Militia Reforms. — ln- ; i ill 1 ii i J : . — [Jniversal Edu tion. — I k. — Prison ;' tii.' W;. — Banku — 1 ': 84 VII. Presidential Election, H i . — Visits Europe.— ] Ids B i< in the 3 .id ;in u 40 r vm. - Hi- large Vote, — Deliv- Auburn. — Aj'[ inty, July, 1 - — Triumph of the Whigs. — rk and Erie I. — Mr. .1 Nominal ion f< . 1 B88. — ■ ■ i.— < '"in- ■ ■ bigs, and 46 :x. Mr. Seward tl STork. — Peculiar* 3, — Hi- I !• \ •<: ion to Im- provements and Refori - Itui . — Education. — The Sch< . — Immigrants. — I >rm. — Decentralization of th^ 1: •■:..••. i ...... ■ — Reforms in the B .'-Rill La — ■ • il Survey. — IS oniiient for Debt CONTENTS. 7 CHAPTER X. Governor Seward's Course in the Anti-Rent Difficulties. — Vindication by the Court of Appeals. — Militia Reforms. — Election Laws. — Veto of the Registry Act suppressed. — Disturbances in Canada. — The M'Leod Case. — General Harrison.— Mr. Webster. — Mr. Crittenden. —Mr. Fox.— Mr. Van Buren.— Willis Hall.— John Tyler.— Mr. Seward's Firmness and Wisdom illustrated 60 CHAPTER XL Governor Seward and the Canals. — The Enlargement Question. — Re- port of S. B. Ruggles.— Mr. Flagg's Policy.— The State Debt- Financial Crisis. — Erroneous Estimates by the Canal Commissioners discovered. — A General Panic. — Suspension of the Public Works. — Governor Seward's Course. — Resumption of the Public Works. — His Policy vindicated and re-established in 1854. — Railroads: New York and Erie; Hudson River; Pacific. — Governor Seward's Plans on the Eve of Completion 68 CHAPTER XII. Governor Seward's Exercise of the Pardoning Power. — Pardon Cases. — The Insane Murderer. — Female Convicts. — Juvenile. Delinquents. — Benjamin Rathbun. — John C. Colt. — Catherine Wilkins. — The Slaveholder. — James Watson Webb and Thomas F. Marshall. — The Veto Power. — Cases. — Madame D'Hauteville. — Thurlow Weed. — The Registry Act. — Suspension of Public Works. — Refusal of the Legislature to receive Governor Seward's Messages 76 CHAPTER XIII. Governor Seward's Course on Questions relating to Slavery. — Repeal of the Nine-Months Law. — The Lemmon Case. — Jury Trial for Fugi- tive Slaves. — State Officers prohibited from assisting in Arrest of Fugitive Slaves. — Recovery of Kidnapped Negroes. — Solomon Nor- throp. — African Suffrage. — The Virginia Controversy. — Extraordin- ary Proceedings. — Imprisonment of Colored Men in Slave States. — Governor Seward's Course. — Resolves to decline a Re-Election. — General Harrison's Election in 1840. — Mr. Clay's Nomination in 1844. — Governor Seward's View. — Annexation of Texas. — Increase of Anti-Slavery Votes. — Defeat of the Whigs. — Luther Bradish. — Gov- ernor Bouck. — Close of Governor Seward's Second Term 82 CHAPTER XIV. Mr. Seward in Private Life. — Receives John Quincy Adams at Auburn. — Their Intimate Relations. — Death of John Quincy Adams. — Mr. Seward's Eulogy. — Address at Union College in 1843. — Repeated 8 CONTEXTS. at Amherst. — Mr. Seward as an Advocate. — Practice at the Bar. — United States Courts. — Patent Causes. — Invention. — Extract from Argument. — Criminal Cases. — Liberty of t lie Press, — Cooper vs. Greeley. — Capital Trial at Cooperstown. — Fugitive Slave Trial. — Extract from Argument. — Eulogy on O'Connell. — Extract 90 CHAPTER XV. The Wyatt and Fre man Cases. — Massacre of the Van Nest family. — Extraordinai miction of Wyatt — Trial of Free- man. — Unprecedented Proceedings. — Foho Van Buren. — Mr. Sew- ard's Defence of Wyatt and Freeman. — Scenes in Court. — Popular Peeling. — Denim of the Presa — The Verdict. — Extract from Mr. Seward's Argument— - Freeman. — Strange Scene. — Mr. Seward's Bill of Es 1 inted. — Death of Freeman. — Change in I pinion. — Review of tl. 99 CHAPTER XVI. The Trial of Abel F. Fitch and Others for Conspiracy at Detroit in 1851. — lit t % Persons indicted. — Michigan Central Railroad Company, — Mr. Seward'a Defence. — Extract from hia Argument — Character of Mr. Seward'a Professional Labora — Liberty of ill" Press. — Fugitive Slave Law. — Rights of Inventora — Bis Views of Libel-Suits 116 Cil \ITT.K XVII. Mr. Seward recalled to Public Life — Retrospect — Organization of the tive American Party. — Burning Jie Churches. — Mr. Sew- lurse. — Benry Clay. — Annexati r with Mex- ico.— The Oregon Question. — Bunkers and Barnburners. — <\.n-; na- tional Convention, 1848. — Mr. Seward'a Viewa — Enternal Improve- ments. — Right of Suffrage, — I decentralization. — Presidential Bled ion, 1848. — General Taylor. — Thi I Mr. Seward'a Speechea — Bis Speech at Cleveland. — Extract — The Whig Platform in 1848. — Freedom and Slavery. — Speechea in Massachusetts, Pennsylvania, and New York.— General Taylor, Mr. clay, and Mr. Webster. — Mr. Seward's Estimate of the Presidency 120 I BATTER XVIII. Pi . lent Taylor. — Mr. Seward ator. — Visits Washington. — Effort for Fr lorn — His Relations with General Taylor. — Cali- fornia. — New Mexico. — The Higher Law. — The Compromise. — Freedom in District of Columbia. — Prench Spoliationa — The Public Landa — Kossuth. — Smith O'Brien. — Thomai F. Meagher. — Freedom in Europe. — An igation. — Survey of the Arctic and Pacific Ocean. — American Fisheriea — Visit to Vermont — Agricul- tural Address. — Extract. — Visit to Canada, — Montreal. — '. . 181 CONTENTS. 9 CHAPTER XIX. The Presidential Election of 1852. — Review of the Slavery Contest of 1850.— Mr. Seward's Opposition. — Mr. Clay.— Mr. Webster. — Gen- eral Cass.— General Taylor's Position.— Mr. Seward supports it.— Denounced as an Agitator.— Utah and New Mexico. — The Fugitive Slave Bill. — The Compromisers. — Death of President Taylor. — Mr. Fillmore. — His Course and Coalition with the Democrats. — Mr. Sew- ard's Opposition. — The Baltimore Conventions of 1852, Democratic and "Whig.— Franklin Pierce.— General Scott,— Millard Fillmore. — Daniel "Webster.— Platform for Slavery.— Position of Mr. Seward's Friends. — Mr. "Webster's Course.— His Death. — Triumph of the Democrats. — Election of Franklin Pieree.— Overthrow of the "Whigs. — Defeat of General Scott.— Effect upon Mr. Seward 141 CHAPTER XX. XXXIId Congress, Second Session 1852-53.— Mr. Seward's Speeches. — John Quincy Adams and General Cass. — Vindication of Mr. Adama — John C. Calhoun. — The Monroe Doctrine. — Annexation of Cuba. — Mr. Seward's Views. — Mexico and the Continental Railroad. — Suspension of Duty on Railroad Iron. — Extract from Mr. Seward's Speech on Railroads. — Texas and her Creditors. — Oration at Colum- bus. — The Destiny of America. — Address before the American Insti- tute. — The True Basis of American Independence. — Eulogium on James Tallmadge 150 CHAPTER XXI. XXXIIId Congress. — Nebraska. — Inauguration of President Pierce. — High Expectations of Beneficent Legislation. — Revision of the Tariff. — The Homestead. — Pacific Railroad. — Disappointment, — Introduc- tion of the Nebraska Bill by Mr. Douglas.— Veto of the Bill for Re- lief of the Insane. — The Nebraska Bill. — Fruit of the Compromise Measures of 1S50. — Senators Everett, Chase, Sumner, Truman Smith, Wade, Bell, Houston, and Fessenden. — Mr. Seward's Letter to the New York Merchants.— His Position. — His First Speech.— Second Speech.— Passage of the Bill.— Effect of Mr. Seward's Speeches on the Country. — His Speech on the Reception of a Remonstrance from 3050 Clergymen. — The Right of Petition vindicated. — The Gadsden Treaty.— The Reciprocity Treaty.— Review of Mr. Seward's Course in the Senate.— Eulogium on Henry Clay.— Eulogium on Daniel Webster.— Debates in the Senate. — Address before the Phi Beta Kappa Society of Yale College.— Honorary Degree of Doctor of Laws conferred upon Mr. Seward.— His Relations to the Whig Party and to Mr. Fillmore's Administration. — Conclusion 161 1* 10 CONTENTS. CONTEXTS OF THE SELECTIONS. LITRE Improvement in Agricultui tial 1o the Security of Republican Institution*. — Extract* Annual W — The 11 : of the An;, rican Farmer should be exempted from Involuntary Sale. — Extract from Speech in the Senate on the Homestead Bill. — Popular Prejudices against Improvement in Agriculture Unreasonable and Per- nicious. — Address before the Vermont ricultural Society at Rutland, 1862. — Imj i Farmers — Address be- fore the New Foi sultural S( I Albany, 1842 175 INTERNAL IMPROVEMENTS. Internal Impn \ the Polioy of the Founders of the Republic. — tracts from Annual M -Interna] Improvement Wise and I. ■ ■ \ k and Erie Railroad Conven- tion at Elmira, 1837.— -Inl rnal Improvement the Real Source of the Pro i ork, find the <>n' Bond of Union of the —Remarks at the < elebrati< □ of the Completion of the New : k and Erie Raili 351. — Th Public v. 1 their Resumption roeom- mended. — Extract from Annnnl ' . 1842. — New Fork and Ma lebration of the < lompletion of i be ni R tilro i I bet • Sprin ^field, 18 12. 184 >N. The Pro] — Address at Westfield, N. Y., I Sunday-School I elebralion, d. — Improvement of Popular lucation no a ii<»t with tit i, but with the !'■ oate, — The Bible tl — Annual Messages to ' of Public fective. — Amendment L — Education of the Children of Exiles, — V York Pul 200 FR1 John Quincy Adan I irt of Chancery. — Mutual -The Right of Petition. — Remonstra of New Ei 'land tinst the I — Political Equality. — B Intolerance. — Intolerance, — Louis Kossuth. — The Trib- unal of Public Opinion. — The Shade of Franklin, — Congressional CONTENTS. 11 Compromises. — The Recaption of Fugitive Slaves in the Free States. — Speeches in the Senate on the Compromises of 1850. — The Fugi- tive Slave Law of 1793 Unconstitutional and Void. — Argument in the United States Supreme Courts. — Extradition of Fugitives. — Emancipation in the District of Columbia. — Admission of New Slave States.— Uses of the National Domain.— The Higher Law.— Slavery in the New Territories. — Apprehensions of Disunion Groundless. — Slavery. — The Slavery Question can never be settled by Compro- mises. — Moderation 219 COMMERCE. Public Faith. — Speeches in the Senate. — French Spoliations. — Ameri- can Enterprise. — American Steam Navigation. — Collins Steamers. — The Whale Fisheries. — Commerce on the Pacific. — A Continental Railroad to the Pacific 276 MISCELLANEOUS. The American People.— Their Moral and Intellectual Development- Address at Yale College, July, 1854.— Insanity.— Argument in De- fence of William Freeman, Auburn, July, 1846. — Insanity.— Some of its Causes and Circumstances. — The Wrongs of the Negro. — The Indians.— Speech of an Onondaga Chief. — Governor Seward's Reply. —Letter.— Reply to the Colored Citizens of Albany, January, 1843. — Speech in the Senate of New York, February, 1831.— The Militia System. — Reforms proposed. — Speech in the Senate of the United States, 1852.— The Public Domain.— The Homestead Principle.— The Whig Party.— The Albany Regency in 1824.— Secret Political Societies. — Relief of the Indigent Insane. — The Union and the States. — Speech on the President's Yeto. — The True Basis of American In- dependence. — Address before the American Institute. — Peace 291 ORATIONS AND SPEECHES. The Destiny of America. — An Oration delivered at the Dedication of Capital University, Columbus, Ohio, September 14, 1853. — Nebraska and Kansas. — Freedom and Public Faith. — The Abrogation of the Missouri Compromise. — Speeches in the Senate of the United States. 325 See Index 401 EMOIR. CHAPTER I. THE SEWARD FAMILY. The ancestors of William Henry Seward were of Welsh extraction. The first of that name in America em- igrated from Wales during the reign of Queen Ann, and set- tled in Connecticut. A branch of the family, from which Mr. Seward is descended, removed to Morris county, N. J., about the year 1740. This branch again divided, one por- tion of which removed to Virginia, where it is still found in considerable numbers, as well as in Georgia and Ken- tucky. His paternal grandfather, John Seward, resided in Sussex county, in that state, where he sustained a high rep- utation for enterprise, integrity, and ability. On the break- ing out of the Revolution, he became a prominent leader of the whig party, and on more than one occasion during the long struggle, was engaged in active service. His dwel- ling is defined on all the maps of the American col- onies of that period. Being a zealous partisan he be- came the object of especial jealousy on the part of the loy- alists. The following anecdote is among the traditions of the family. While General Washington's headquarters wereatMorristown, Colonel Seward's residence was on the lines. Various plots were resorted to by the tories to cir- 14 THE SEWARD FAMILY. eminent and capture him. One day a man of rather sus- picious appearance, on a horse without saddle or bridle, approached the house and upon being hailed by Colonel ward replied that he brought a message from General Washington requiring Colonel Seward to hasten to head- quarters. He was asked if he had a written order. His reply was in the negative. Colonel Seward then charged him with being a tory, whereupon he applied his whip to his horse and rod< full Bpeed. ( 'olonel Seward seized his rifle and with unerring aim broughl him to the ground. He lived long enough to confess that he was senl by a pa of loyalists to decoy the colonel from his house that he might be waylaid and his house destroyed. He died in 1799, leaving a family of ten children. His son, Samuel S. Seward, received an academic and professional educa- tion, instead of a .-hare in the paternal inheritance. Hav- ing completed his studies, he established himself in the practice of medicine in his native place, and booh after be- came connected in marriage with Mary Jennings, the daughter of tsaac Jennings, of Goshen, New fork. Removing to Florida, a Tillage in the town of Warwick, in Orange county, N. Y.. in tin' year L795, he combined a large mercantile business with an extensive range of pro- fessional practice, both of which la' carried on successfully for the Bpai f twenty years. He retired from active business in L815, and devoted himself to the cultivation of the estate, of which, by constant industry and economy, he had become the owner. Dr. Seward was a man of more than common intellect, of excellent business talents, and of strict probity. After his withdrawal from business, he was in the habit of lending money to a considerable extent among the farmers in his neighborhood; and it is said that no man was ever excused from paying the lawful intei on his loans — that no man was permitted to pay him more than that interest — and that uo man who paid his interest punctually was ever required to pay any part of the prin- THE SEWARD FAMILY. 15 cipal. He was a zealous advocate of republican principles, and exerted a leading influence in the affairs of the party. In 1804, he was elected to the legislature, and during the continuance of the republicans in power, he was never with- out one or more offices of public trust. Although not a member of the legal profession, he was appointed first judge of Orange county, in 1815, which office he held for seventeen years. His exercise of the judicial functions was marked by discretion, impartiality, and promptness, and he is remembered to this day as one of the best judges the county ever had. After a visit to Europe, he lived in the enjoyment of universal respect until 1849, when he died in a ripe old age. Dr. Seward was the friend of religion, education, and public improvement. He founded the " S. S. Seward Institute," at Florida, an excellent high school for young persons of both sexes. He endowed this seminary with a permanent fund of $20,000, and continued its steadfast friend until the close of his life. The wife of Dr. Seward was Mary Jennings, whose fam- ily had emigrated from Ireland at an early day. She was a woman of a clear and vigorous understanding, with sin- gular cheerfulness of temper, and while devoted with un- tiring industry to the interests of her family, was a model of hospitality, charity, and self-forge tfulness. She died in 1843. The subject of this memoir never forgot that he had Irish blood in his veins. This fact serves to explain, in part, the strong attachment he has always cherished for the Irish population of our country. While travelling through Ire- land in 1833, his indignation was greatly aroused by the sight of the oppressions inflicted on the people by the Brit- ish government. He ascribed a large share of the miseries of that unhappy country to its political mismanagement, and especially to the annihilation of its parliament, by the act of union. In writing home from Ireland, he expresses himself in the following terms : — 16 IRISH LINEAGE. "But all this glory has departed. The very shadow (and for a long time the Irish parliament was but the shadow) of independence has va Ireland has surrendered the individuality of her national existence, tosh like er Bister, that of England. The walls of the parliament-]; remain in all their primitive grandeur, to reproach the degeneracy stat -.-men. "While trav< rsing it - ap irtments, I reverted to the debate when the < te representatives surrendered their parliament; and! thought that had I occupied a place there, I would I jlish armies wade in bl 1 ov< r my country, b( Fore ' would ha. lisgraceful a union. Something n ight i n Bpared, alter th<> d 1 was consum- i, to the wounded pride of the Irish people. The parliament-house have be< >lit ude, a monument t<> re- mind the peoph " : i thej d a country. But this waa too great a n for the ■ glisfa administration of affaire in [reland. j who build | with a profuse hand, on the othei Bide of the channel, Bold the Iri-h I od it was forthwith converted into a hall ut other towns in that pari of the Btate, were origi- nally emigrants from New England. They were accord- ingly imbued with much of the stern and lofty spirit of the Puritans, while their descendants .-till retained many of their habits and feelings. Brought up amidst such Bublime ami ennobling Bcenes of nature — inheriting from a worthy ancestry the purest Bentiments of honor and patriotism — imbibing, with his mother'- milk, the love of truth, freedom, and equality — the mind of young Seward early received a powerful impulse toward the career of beneficent greatne which ha- amply fulfilled the prophetic anticipations of his youthful associates ami admire One of the first acts x emembered by the friends of young William Henry, was in no Bmall degree significant of his juvenile tendencies. 1 1 e ran away h> BChool — most truants run iii the opposite direction. Bia taste lor hook- was dis- played at an early age. They were bia favorite compan- ions, and la- was Beldom seen without a volume in hi.- ham • !i~ thirst for know) . once nearly cost him his life. CHARACTERISTICS OF HIS BOYHOOD. 19 When about twelve years of age, returning near nightfall from a pasture on his father's farm, driving home the cows, he read a book as he walked, giving an occasional look to his charge, that was travelling quietly before him. A party of boys espied the abstracted herdsman, and disturbed his studious reveries with a volley of small stones. Resolved not to be disturbed in his reading by the missiles of his thoughtless companions, he turned his back toward them, and walked backward with his eye intently fixed upon his book. In a short time, he insensibly diverged from the path, and missing the bridge over a small creek, was thrown into the water. An elder brother, who had witnessed the accident, drew him from the stream in a state of uncon- sciousness, and he was fortunately restored without serious injury. His precocious intellect, and his docile, cheerful disposi- tion, led his parents to decide on giving him a superior ed- ucation to that received by the other members of the family. The common school system had not yet been established in the state of New York, and he attended several different schools in the vicinity of his father's residence, until the age of nine years. At this period, he was sent to Farmers' Hall Academy, at Goshen, which then boasted of having had the celebrated Aaron Burr and Noah Webster among its pupils. The records of the " Classical Society" of Goshen, and of the " Goshen Club," still exist, showing young Seward to have been an active member of each — the constitutions and minutes of proceedings being mostly in his handwriting. Among the principal exercises of these two societies, were declamation, debates, and composi- tions. In nearly all the debates which are noticed, Seward has a part, and then as now he was generally found on the right side. He pursued his studies at this seminary, and at an academy afterward established in Florida, until the year 1816. He was now but fifteen years of age, when he was presented for admission to Union College, Schenec- £0 . OLLEGE LIFE. tady. The thin, pale, sandy-visaged boy was found quali- fied for the junior class, but on account of his extreme youth was persuaded to enter the sophomore. CII A PTEB 111. Ill- COLLEGE LIFE — Vl.-IT TO THE SOUTH — DR. NOTT. The college career of youi ard, as related by his contemporaries, gave brilliant indication of tin 1 rare quali- ties for which he has since become distinguished. Tin* traits of the future legislator and Btatesman were foreshad- owed in the character of the modes! youth during his period of academic retirement. Even then he displayed the manly originality of conception — the Bturdy independence ofpur- ■ — tin* firm adherence to his convictions of righl — the intrepid assertion of high moral principles — the careful tnination of a cause before appearing in its defence — the sympathy with the weak and opp —and the in- tellectual vigilance and assiduity in the pur-nit of truth — which have formed Buch conspicuous and admirable features in his public care Bis favorite Btudies in college were rhetoric, moral phi- losophy, and the ancient classics. Ii was his custom to i ;n four o'clock in the morning, and prepare all the lessons of the day. At night, while the other Btudents were en- gaged in getting ready the exercises of the next morning, he devoted his Leisure to general reading, and literary apositions for class declamation or debates in society meeting in the year 1 819, Seward, who was then in the senior class, and in the eighteenth year of his age, withdrew from college for about a year, passing Bix months of the time as VISIT TO THE SOUTH. 21 a teacher at the south. The spectacle of slavery could not fail to make a deep impression on his mind. He witnessed scenes which aroused him to reflection on the subject, and produced the hostility to every form of oppression, which has since become ingrained in his character. One of the many incidents which occurred to him may be related in this place. While travelling in the interior of the state, he approached a stream spanned by a dilapidated bridge, that had become almost impassable, lie forded the river with no little dif- ficulty, and met on the opposite side a negro woman with an old blind and worn-out horse, bearing a bag of corn to mill. The poor slave was in tears, and manifested great distress of mind. She was afraid to venture on the bridge, and the stream seemed too rapid and violent for the strength of her horse. She was reluctant to return to her master, without fulfilling her errand, being fearful of punishment. The heart of the young northerner was moved. He went to her assistance, and attempted to lead the horse across the bridge. But the wretched beast was not equal to the effort. He made a false step, and falling partly through, became wedged in among the plank and timbers. Sew«ard tried in vain to extricate him. Despairing of success, he mounted his own horse, rode to the master's residence, and informed him of the accident, and attempted to excuse the slave. In return for his kindness, he was met with a vol- ley of imprecations on himself, the slave, the horse, the bridge, and all parties and things concerned. His disgust at this adventure taught him a lesson of wisdom, which he never forgot.* * Another incident is related in one of his speeches as having occurred during a subsequent visit to the south, and he has been heard to remark that it contains the whole story of slavery : "Resting one day at an inn in Virginia, 1 saw a woman blind and decrepit with age, turning the ponder- ous wheel of a machine on the lawn, and overheard this conversation be- tween her and my fellow-traveller: 'Is not that very hard work?' — 'Why yes% mistress, but I must do something, and this is all I can do now I am so 2:? COLLEGE IXCIDE.v Returning to college in 1820, he found the students in state of great excitement. They had hitherto been divided into two literary societies, the Philomathean and the Adel- phic, between which an • mt not unfriendly rivalry subsisted. The former was the most popular with the stu dents, while the latter claimed the most diligent scholars. "< . Seward was a member of the Adelphic, and entered into the interests of xl ty with characteristic zeal. During his al i snty <>r thirty students from •red Union. T Philomathe 5 it a g rity in nun r its rival. ' . which the. members divi Uy. The southern students were left in a minority, and obtaining a charier from college faculty . d a ti tiled the Del- phian institute. Thi weakened the Philomar thean, and v,; • older np of lin' riva their side. Tin' young- er Am tip] ics, view, coring the Philomathe round thai ii 3sion \\ as fac- ia and Bectional. Seward, mth, und popularity with all c in colle Ted to qualify Sum I'm- the office, virtually became umpire between the two parties. After an impartial hearing of the question, he de- cided in favor of the Philomatheans, and against the Del- phian institute — thus siding with tin* sophomores ami fresh- men, in opposition to the views of his own classm He thereby incurred no Bmall odium. The lad ion, which be old.' — 'How old are y<>;:' — 'I don't know; past sixty they tell me.' — 'Have yon a husband! 1 — 'I don't ki ' — 'Hav< er had a husband!' — 'Yea, I " -*Where is jrour hnaband!' — 'I know; he was sold.' — 'Have you children! 1 — 'I i on'l know; tl sold.'— 'How many! 1 — 'Six. 1 — 'Have you never beard fi them they wei -' Do you not find i< hard to bear ch afflictions .*i< these!* — 'Wh. w lint he ihiuk* best with o COLLEGE -TRIUMPHS. 23 had condemned, caused him to be arraigned, with a view to his expulsion from the Adelphic society. The members resolved themselves into a court, while a prominent mem- ber of his own class acted as public prosecutor. Seward conducted his own defence. After the testimony was com- pleted, he summed up the merits of the case, closing a pow- erful argument with a thrilling recital of his course through- out the controversy. Declaring that he was indifferent to what might be said of him by the public prosecutor — that he had no wish to know who voted for and who against him — and that he would not embarrass the vote of any mem- ber by his presence, or by inquiry about his vote at any time afterward — he abruptly left the chamber in which the trial was held. In half an hour, the rush of students from the hall showed that the case was decided. Soon his room was crowded with sophomores and freshmen, ardent with victory, and loud in congratulations that the prosecution had been voted down. The cause of law and order was sustained against the seceders, and the integrity of the union in Union college fully vindicated. There was still another trial in college for the young student. Three commencement orators were to be appoint- ed by the Adelphic society. This appointment was deemed the highest college honor. Seward was a prominent can- didate. His scholarship, his eloquence, and his character, presented equally strong claims in his favor. But the hos- tile faction among the friends of the Delphian institute, es- tablished a vigorous opposition. An earnest canvass was maintained for several weeks. No pains were spared to defeat the election of Seward. The choice was at length made, and he gained a decided triumph. The subject of his oration was, " The Integrity of the American Union." This was a chaste and manly performance, replete with vigorous sense and patriotic feeling. It was listened to with enthusiasm by an intelligent audience, and called forth warm commendations in the public prints. •J I OVERNOR TOMPKINS — DR. KOTT Seward graduated among the most distinguished scholars in his class. He shared his academic honors with several, who have since arisen to eminence in different walks of literature and public life. Of these, we need only mention the names of lion. William Cent, who inherits the legal mind and rare attainments of his father, the celebrated : llor; Rev. Dr. Hickok, now vice-president of Union college, and ;i- an erudite and profound metaphysician, withoul an equal among American scholars; and Rev. Tayler Lewis, professor of Greek in Unioo college, distin- guished no less as an adroit and energetic controversial than ;i- ;i classical scholar of consummate accomplishments. An incident, showing his standing in the college, and his early development of talent, was thi iribed by a public journal, man} I — '•'I'll.. \ • : eat ■ui.l Clinton. Ti. ited by this strug- gle pervaded :i!l c and '• was do! in the glowing EL Seward to remnin neutral. He was natui 11 hia education m n, on tin' -i.l<- of Tompkins, IU1 ,I n j 8 , rse with this amiable with whom t ( . have an interview with an individual t,, acquire and ti\ a friend. Seward was appointed to address tin' vice- ng republicai ,1,,. ,.,,p, : amon run of political barai neral and lasting interest II'- lived in the re> nembrai del D Tompkins, until he himi ed to live; an. 1 his fri.Mi.'s will : i kiii-ln.-.-i with which In- tttto reOUT to this eloquent a: ithful cham] The relations ofyotu - ard with Dr. Nott, the vener- able and excellent president of Onion c ■ were inti- mate and cordial, throughout bisacademic s,and h ttinued t-> be of affectionate confidence t«» the present ti,.,,.. Jt is believed that Mr. Seward has Beldom em ted on any importanl public question, withoul availing himself of the experience and sagacity of hi- venerated friend, wl insels, we i '1 do! say, have always been on the side of nobleness aud humanity. Nor, we may add, has Mr. Sew- REMOVAL TO AUBURN. 25 ard failed to preserve the attachment of his early friends. The companions of his school and college days, as well as those of his professional life, have ever been among his foremost supporters, as a public man. And he never for- sakes a friend or a cause, that he has once espoused. No reproach can shake his fidelity to objects, of whose worth he has become persuaded. CHAPTER IV. LAW STUDIES REMOVAL TO AUBURN FAMILY RELIGIOUS PRINCIPLES CHARACTER AS A LAWYER. Soon after taking his degree at Union college, Mr. Sew- ard entered the office of John Anthon, Esq., of the city of New York, as a student at law. He carried the habits of early rising and faithful application, which he had main- tained during his college life, into his professional studies. He thoroughly mastered every elementary book which was put into his hands, making a written analysis of its con- tents. Completing his legal preparation with John Duer and Ogden Hoffman, Esquires, in Goshen, N. Y., he was admitted to the bar of the supreme court at Utica in 1822. For six months previous to his admission he had been asso- ciated in practice with Mr. Hoffman. In January, 1823, Mr. Seward took up his residence in Auburn, and formed a connection in business with the Hon. Elijah Miller, a distinguished member of the legal profes- sion, and at that time first judge of Cayuga county. Judge Miller, who had acquired a competency in a large and suc- cessful practice, was desirous of retiring from active pro- fessional pursuits, and discovering signs of great promise in young Seward, took him into his confidence, and proved a devoted and efficient friend. 2 26 RELIGIOUS PRINCIPLES. Mr. Seward, in 1824, married his youngest daughter, Frances Adeline Miller. As this lady is still living, we can only say that the connection has 1"' m a singularly for- tunate one in all respects. Four children compose their family; Augustus, a lieutenant in the United Slates army, and devoted to its scientific pursuits, Frederick, who has chosen the editorial profession, and a boy and girl ye1 in childhood. One daughter, " fondly loved," was therefore, perhaps, " early log The town of Auburn, which Mr. Seward selected as a residence, is in the heart of one of the mosl fertile and de- lightful regions in central New York. It- growth has been rapid and healthful. Within a few years the primeval f«>r- es1 has given place to a populous city, [ts inhabitants are distinguished for their intelligence, enterprise, and refine- ment. Free from the pride of wealth and the pretensions of aristocracy, they present an attractive example of genu- republican equality. In some degree these character- istics are no doubl due t<> the influence of Mr. Seward and his estimable family. During a residence of more than thirty years, he has won the unqualified respeol and confi- dence of his townsmen. Bloving in the highest circles ciety, he has never avoided friendly intercourse With the most obscure and lowly. Tin* patron of struggling merit — cherishing a deep interest in all Bocial and philanthropic movement: — watchful i«» aid the unfortunate and forsaken — and ever ready to devote his time, his talents, and his pecuniary means, to the defence of the wronged and op- pressed of every caste and color — he has gained the lasting gratitude and love of the people with whom, for over a quarter of a century, he has Lived as a neighbor and fellow- citizen. Although fiv" from all taint of sectarianism, Mr. Seward cherishes a Btrong attachment to the protestant episcopal church, of which he became a member in 1837. 1 1'- been frequently called to attend ecclesiastical conventions CHARACTER AS A LAWYER. 27 of that body. At the anniversary of the American Bible Society in 1839, he was called to act as one of the vice- presidents, and in his address on that occasion he expresses the following sentiment in regard to the Bible : — "I know not how long a republican government can flourish among a great people who have not the Bible; the experiment has never been tried: but this I do know that the existing government of this country never could have had existence but for the Bible. And further I do in my conscience believe that if at every decade of years a copy of the Bible could be found in every family of the land its republican institutions would be perpetual." With his devotion to the cause of public improvement, he has been the patron of churches, schools, and benevolent in- stitutions, liberally contributing his money for their support, and his counsels for their direction. After establishing himself in Auburn, Mr. Seward be- came interested in the military affairs of the neighborhood, and was soon honored with various military offices. Ac- cepting the colonelcy of a regiment, he acquired wide dis- tinction and still higher promotion by his zeal and discipline. Without personal military ambition, he was an ardent friend of a well-regulated militia system for the preservation of order and the defence of the country. He was an excellent tactician, and an accomplished commander, while his win- ning qualities as a man secured the friendship of all around him, who were engaged in the same department of public service. From the commencement of his practice as a lawyer, Mr. Seward was always in the habit of arguing his own cases, instead of employing older counsellors, as is often done by young advocates. In the management of a case he sparingly refers to the authority of recorded decisions, but stating the general principles of law applicable to the question, and ar- ranging the facts in the simplest order, enforces his argu- ments by a priori reasonings, and shows the basis of his position in natural equity. As a professional rule, he gives his aid to a weaker party against a stronger, even without compensation, whether his client be right or wrong ; but if 28 EARLY PROFESSIONAL LIFE. a stronger party claims his services against a weaker, he does not engage in the suit without a clear conviction of its justice, whatever be the compensation. During the whole course of his practice he lias never been known to act for a man against a woman ; and was never but once engaged in a can-' againsl the accused; and that was an Instance of extreme outrage by a man upon a young woman. The legal career of Mr. Seward is illustrated with no less justice than vigor in the following sketch of his early professional life, written several years since for one of the periodicals of the 'lay : — •Tii.' practice of .the law in ill" country must not be estimated l»y the practice in the oity. Each haa its own advai d. difficulties; it is the I uli:iiitv of tli" former, thai it s( once brings t . > the t.-st, sod t<> the pub- lic view, the intrinsic qua! 1 owded bar, the long-de- ferred opportunity, the defi and exp< rjei the overshadowing reputation of the I the profession, and the innumerable natural or conventional impediments, which 10 long k<-.- 1 • back, and so often depress the young sspirant with ns, in a very mitigated degree in the interior. The candidate for distinction is there summoned a1 once to the arena: vundhim; t h<- is thrown upon h\< own talents, ener fin, I • -. and he stands nml falls a< in his native nml unaided strength. ,1 this trial lly, and, after eleven years of arduous labors, to have risen to the very foremost rank •>(' hie profession, as did Mr. Seward, is in itself an unerring indication of the high character of the marks. In nil our courts, nn.l in onuses of • very descrip- tion, his talents have ad and admired Be has stood forward and distinguished himself with such men as John C. Speneer, Joshua A. nicer, Albert 11 Tracy, and their eontemp >raries of the West, for whom competition, if n-t pi •••. may be challenged with the Athletes of the h^r in any other section of tl or "f the country. Property, liberty, and life, hav< mmitted t.. the integrity and nliility of 'this young man of thirty. three,' and he has never faltered in his trust, i or 1 in an emergency, nor left unfulfilled an exj tation. Bis most formidable competitors ai the Auburn bar, daring the commencement of his practice, were Bon. John M. Bulberl and William Brown, Esqs. Both these distra- ished men were accomplished Bcholars, erudite juri an corrupt and destroy the noblesl institutions of the titry. Bis rule of action on the Bubjecl has l n uni- form from the commencement of lys political career. Be has never suffered the fear of consequences to Bilence his in defence of freedom, when any practical benefit was at stake; but he has Btrictly avoided every act that was adapted to inflict a needless wound upon an opponent, or to foment an unprofitable excitement. In his measures with regard to Blavery, Mr. Seward has been no fanatic. Detesting the institution, he has wa againsl it an honorable warfare. But he lias refrained, with scrupulous cure, from infringing on tie' constitutional rights of slaveholders, or depriving them of any privil to which they are entitled by law. This is the extent . Mr. Seward was invited by the members of the Adelphic society of Union college, to deliver a eulo- gy on David J Jordan, J a member of the society, who died on his passage from London to Boston, July 20, l s i!T. Jt incere and eloquent tribute to the memory of an esteemed companion and friend. The monument erected to young Be dan, ill forms an interesting object to those who visit tin' college grounds at Sc idy. \. III., p lv::. -I See Vol. III., p. l III., p. 117. NOMINATION FOR CONGRESS. 38 The year 1828 is distinguished as the period when the young men of our country first made an effort to exert a personal influence on national politics. A convention of the young men of New York in favor of the re-election of John Quincy Adams to the presidency was held at Utica, on the 12th of August. It was one of the largest political conventions ever assembled in the Empire state. Four hundred delegates, in the flower and freshness of youth, were present at the session, which continued for several days. Mr. Seward was called to preside over its delibera- tions. He fulfilled the duties of the office with marked ability. Though only twenty-seven years of age, he exhib- ited a dignity, decision, and courtesy, which would have done honor to an experienced statesman. He left a singu- larly favorable impression on the minds of his colleagues, who, with scarcely an exception, have adhered to the polit- ical principles of that convention, until the present time. Many of the most prominent men in New York date their interest in politics from the young men's state convention, and have since exerted an influence which led to a decisive change in the policy and relation of parties in the state. ' The election of General Jackson to the presidency in 1828 dissolved the national republican party in Western New York, with which Mr. Seward, as an ardent supporter of John Quincy Adams, had been identified. Meantime, the anti-masonic party had risen into consequence, and though of local origin, and acting in a limited field, for sev- eral years, it formed. the only opposition in Western New York to the Albany regency and the Jackson administra- tion. In 1828, this party tendered a nomination as mem- ber of Congress to Mr. Seward, which he declined, on ac- count of the obligation that he felt to support the national republican party. On the overthrow of the latter party, Mr. Seward and his friends, sympathizing with the citizens who were engaged in vindicating the supremacy of the laws, naturally united with the anti-masons, as affording the best 2* 84 ELECTION TO THE STATE SENATE. position for a successful resistance of the national and state administrations. Among his political associates al thai time, were Frederic Whittlesey, Thurlow Weed, Francis Granger, John C. Spencer, Millard Fillmore, and other dis- tinguished public men of the present day. In 1830, Mr. Seward was nominated by the anti masonic party as a candidate for the Btate senate, from the seventh district, comprising, al thai time, the counties of Onondaga, Cayuga, Cortland, Seneca, Ontario, Wayne, and Vm The nomination was unexpected, but he did not feel al lib- ertj i" decline it. Although the district had given a Large J mi majority the preceding year, and the anti-masonic candidate for governor, Francis Granger, was defeated, at the election, by a majorit; of eight thousand, Mr. Seward was elected to the Benate by the handsome majority of two thousand irotes. In Cayuga county, where he re- sided, the democratic party had Long enjoyed a decided cendency, but .-till a majority of the senatorial rotes were cast for Mr. Seward. CHAPTEB VI. BTATE SENATOH — Tilt: \l. i:\NV REGENC? — CANALfl — BANKS — Ml I. Hi \ — UNITED STATES BANK — PRISONS — CORPOB \'ll<>\-. .Mi:. Seward took his -eat in the state senate, in January, 1. This was his first election to civil office. II 1, had always regarded the career of ;'. statesman, as affording 1." for the accomplishment of noble deeds in behalf <>f sdom and humanity. Hence, he cheerfully exchanged ili** routine of legal practice for tie 1 functions of the Legisla- tor. II»' was, probably, tic youngest member that ever entered the New Fork Benate, having not yet completed his twenty-ninth year. In Bpite of his youth, he Boon :it- COURSE IN THE SENATE. 35 tained an honorable distinction among his colleagues. With an almost juvenile ardor of temperament, inspired with a generous ambition, cherishing the deepest sentiments of pa- triotism and philanthropy, a champion of liberty and popu- lar rights, despising the vulgar arts of hackneyed politicians, and filled with an enthusiastic faith in the ultimate triumph of truth and justice — Mr. Seward came into the senate of his native state, a new man, fresh from the living masses of the people, and breathed over that body a spirit of vital- ity and progress, of which the influence remains to the pres- ent day. His course at once assumed the character of boldness and originality which it still sustains. It was not shaped in accordance with traditional prescriptions, but following the impulses of an inventive mind, sought to de- velop new measures of public good, and larger enfranchise- ments for the people. The circumstances, however, under which Mr. Seward entered the senate were adapted to discourage an ingenu- ous and earnest spirit. The Jackson party were in posses- sion of unlimited sway. Wielding the vast patronage of the federal and state governments, their influence was as extensive as it was pernicious. The Albany regency, knit into a unit by the passion for office and its attending emol- uments, ruled the state with an iron rod. With the ap- pointing power, to a great degree, in their hands — control- ling the currency by their connection with the banks — retaining well-disciplined emissaries in every county and town to carry their plans into effect — this central junta had but to touch the springs at Albany, to produce any de- sired movement in the remotest corner of the state. A large majority of the legislature were the supple tools of the regency, ready to enact such measures as might be deemed necessary to maintain the preponderance already secured. Mr. Seward threw himself fearlessly into the opposition. He soon became its acknowledged leader. Among the 36 EARLY EFFORTS FOR REFORMS. debates in which he took a prominent part, were those re- lating to internal improvements and universal education. He labored strenuously in behalf of the common school sys- t. He urged the abolition of imprisonment for debt, the melioration of prison discipline, and the establishment of a separate penitentiary for female convicts. The construc- tion of the Chenango canal received his efficient support. He opposed the transfer of the salt duties from the canal fund to the general fund, bul voted for their reduction. He sustained the bill for making the stockholders in com- mercial companies personally Liable, but not in manufactur- ing companies. He opposed increasing the salaries of the higher judicial - . and introduced important amend- ments of the law in relation to surrogates. But few bank charters obtained hi- ( r Marcy's greal loan .' met with his vehement opposition. He made a pow- erful speech against executive interference with the United States hank, and again 8 1 the removal of the deposites;f while he supported I •' :son'8 measure in regard to southern nullification. Mv. Seward was one ( >f* the ear- -t friende of t' York and Erie railroad;) lending it hi- aid in all icissitudes, until it J length brought t«> n triumphant completion. Mr. Seward's firsl parliamentary effort was hi- speech on th<- militia bill,§ delivered on the 7th of February, 1831. In this Bpeech, he proposed a thorough revisi i" the mili- ibstituting volunteer uniformed companies for tht' general performance of military duty. Hi- views were characterized by the far-reaching wisdom, the lively sense of the progressive wants of the age, which have often placed him in advance of his com] n advocate of benefi- t reforms. At first his suggestions failed to command -•'lit : but they awakened discussion : and nearly twenty years afterward were adopted in Bubstance. * Be« Vol. I., p . 37. \i . I . p. n. Vol III.. ] ee Vol. T., p. 1, irito fx307of thi« volnme. REPUBLICAN PRINCIPLES. 57 In March of the same year, a bill was introduced author- izing an appropriation to collect materials for a colonial history of New York. It was supported by Mr. Seward in a brief but earnest speech. He maintained that the offi- cial documents, relating to the early history of the state, contained in the archives of several European governments, especially of Great Britain, Holland, and France, should be collected by competent agents and embodied in a colo- nial history. His plan wife adopted, and subsequently car- ried into effect during his administration as governor. The result was the publication of four large volumes of the Docu- mentary History of New York, which appeared during the administration of his successors, Governors Fish and Hunt. The next important speech of Mr. Seward was on the election of mayor of the city of New York.* This was de- livered on the 23d of April. Under the first constitution the mayors and recorders of cities were chosen by the council of appointment at Albany. Under the new consti- tution of 1821, mayors were chosen by the common council, and recorders were appointed by the governor and senate. The new charter of New York gave the mayor a veto on the acts of the common council. A petition was presented to the legislature by the citizens for a change in the consti- tution, giving the election of mayor directly to the people. This was opposed by the dominant party. They brought in a resolution providing that mayors should be chosen in such manner as the legislature should direct. Mr. Seward took decided ground in favor of the New York petition. Arguing on the merits of the question, he contended that not only in New York, but in all cities, the mayors should be chosen by the people. This was in accordance with his democratic principles, which have always led him to claim the largest extent of privilege for the people. His views were finally adopted in the legislature of the state. During the same session he materially aided the bill for * See Vol. I., p. 10. 38 THE UNITED STATES BANK. the abolition of imprisonment for debt, which at length passed ; while the measure was fully completed, as will be i in the sequel, under his subsequent administration. At tin- close of the session Mr. Seward was appointed to draw up the address to the people of the minority of the legislature. In this address* he reviewed the financial condition of the state, and exposed the mismanagement of the treasury. He showed the radical defects of the safety fund system, which under partisql control gave the govern- ment of the state to the Albany regency. This monopoly was overthrown by the whiga on their accession to power in 1837, and the freedom of banking, under suitable safe- guards, permitted toall< -. The controversy between New York and N •■■.■. Jersey was at that time a Bource of much excitement. Theadd :posed the conduct of the ecutive, showing that it amounted to virtual nullification. On the Itli of July, L831, Mr. Seward delivered an anni- versary oration*} before the citizens of Syracuse. Ee took for his Bubject, The Prospects of the Dnitpd States. In a strain of masculine eloquence, he defended the American people against the charge of national vanity and presump- tion, and uttered a stirring appeal for the cultivation of public virtue and the spirit of devotion to the Union. The meeting of the legislature in L832 again found Mr. Seward at his post, Be entered, with his habitual zeal, upon the questions which then agitated the public mind. Relying upon the soundness of his principles, he boldly maintained the conflict against a majority bo <><■ whelming, that, to a less ardent temperament than his own, opposition would have seemed h . • A resolution was brought into the senate, at the com- mencement of tli i. against renewing the charter of the United States bank. S i after, a substitute was pro- posed, declaring the uecessity of a national hank for the collection of the public revenue, and the preservation of a • Vol. TIL, \>. 33*. : III., p PHILANTHROPIC EFFORTS. 89 sound and uniform currency. On the 31st of January, Mr, Seward delivered a speech in support of the proposed sub- stitute. This was his first elaborate effort in the legisla- ture. Having given a minute history of the United States, he discussed the fiscal system of the government, and exposed the fallacy of Gen. Jackson's objections to the renewal of the bank charter. His line of argument was substantially the same as that pursued by Mr. Clay and Mr. Webster in the United States senate. His speech produced a marked sensation throughout the country. The question was new and exciting ; it took strong hold of public feel- ing, and great satisfaction was expressed by the opponents of the federal administration on the appearance of this powerful appeal in its favor. Combined with the discus- sions on internal improvements and state banks, the speech of Mr. Seward and that of Mr. Maynard, on the same sub- ject, had the effect of concentrating the opposition to the Albany regency and Jackson's administration, in an organ- ized system. This was the origin of the political body which two yeais afterward, took the name of the Whig Party. On the 20th of March, the question came up on the establishment of a separate penitentiary for female convicts. In his speech on this subject, Mr. Seward took the broad- est grounds of Christian philanthropy. He argued that the imprisonment of women in penitentiaries adapted only to the other sex, and under the exclusive management of men, was inhuman, and at war with the benevolent spirit of the age. He showed the benefits which the convicts would derive from the kind and judicious care of persons of their own sex. The prison, he maintained, should be made a house of refuge, rather than a place of punishment, where its unfortunate inmates might find protection from the wrongs they had received, in most cases at the hands of men ; where they might receive instruction and guid- ance — be inspired with new hopes, and prepared to return to society with the prospect of honor and happiness. The 40 PRESIDENTIAL ELECTION OF 183-J. measure, which was carried, owed its success to the exer- tions of Mr. Seward, greatly aided, however, by the efficient co-operation of Mr. M'Donald of Westchester county. In a speech during this session on gran tin-- a charter to a whaling company. Mr. Seward made a vigorous attack on the tendency of legislation to corporate monopolies for banking, canals, railroads, and similar purposes. His efforts were not supported, and for a time proved unavail- ing. Bui the good seed ha- since ripened. The present system of opening every branch of business to voluntary association, without Legislative interference, i- the fruil of the principles he thru maintained, and is an ample vindica- tion of their soundness and utility. At tip- close of the session of L832, Mi-. Seward was again appointed to prepare the address of the minority of the legislature to their constituents. In this document he resumed the discussion of the fiscal affairs of the state, showing the abuses of the administration in management of the public funds for political purposes, exposing the mis- conduct of the legislature in the Incorporation of banking monopolies, and predicting the rain of the banks from the policy pursued. Hi- prophecy was in due time fulfilled. CITA PTEB VII. BTATE SENATOR — PRESIDENTIAL ELECTION — VISIT TO EU- ROPK — RETURN TO Till: SENATE — REMOVAL OF DEPOS- IT!:- — COURT of ERRORS — LAFAYETTE, Ix ill.- presidential campaign of 1832, Mr. Seward gave his support to the electors who were t<> vote for either Mi-. Wirt or Mr. Clai as their vote should prove effective. He has since repeatedly supported Mr. Clay :i- a candidate for the presidency, although it is known that lie always VISIT TO EUROPE. 41 foresaw his defeat, and it is therefore questionable whether that eminent statesman was ever his first choice. At the legislative session for this year, Mr. Seward took a still more prominent share in the proceedings of the sen- ate. The nomination of Mr. Tallmadge, then a member of the senate, to the office of United States senator, called forth the discussion of an important constitutional question. A clause in the state constitution prohibited any member of the legislature from receiving office at the hands of that body, during the term for which he was elected. The attorney-general, to whom the question of eligibility had been submitted, decided in favor of Mr. Tallmadge. This decision was controverted by Mr. Seward in a speech of remarkable power of logic and eloquence. He was over- ruled by a strictly party vote ; but one can hardly read his speech without being convinced that the appointment, made for temporary political purposes, was a violation of the constitution. The nullification movements in the South were brought before the attention of the senate in February, 1833. On the 16th of that month, Mr. Seward introduced a series of resolutions, maintaining that Congress should be governed by a strict construction of the powers intrusted to the general government. In his speech sustaining the reso- lutions, he rebuked the democratic party in the state for their disposition to tamper with the principles of nullifi- cation, while professing to support Gen. Jackson's meas- ures, which threatened the nullifiers with the penalty of treason. During this session, Mr. Seward took part in the discus- sions on the navigation of the Hudson, and on the increase of judicial salaries. On the 1st of June, 1833, Mr. Seward sailed for Europe in company with his father. They made a rapid tour through parts of the United Kingdom, Holland, Germany, Switzerland, Sardinia, and France. During his absence he 41 LETTERS FROM EUROPE. wrote home a series of letters,* describing the countries that lie visited, which were afterward published anony- mously in the Albany Evening Journal. After about forty of the series had appeared, their publication was arrestee^ under circumstances which can not, perhaps, be better explained than by inserting the following extract from the Journal of that date : — "Letters from Europe — In reply to numerous inquiries for these letters, it is proper to Bay that their publication was arrested by the c veto*of the gentleman who v< ra. It is already known to I our readers that the author of thi he whig candidate for governor. They were hastily written to several of his intimate friends, while making a tour upon the continent <>n his return, the friends of Mr. Seward earnestly red the publication of these letters in a more durable form, but this ined. A h importunity, however, he yielded ;i reluctant consent to their anonymous publication in the 'Evening Journal.' The -, tlni- coi ontinu'ed, contributing to the interest of our readers, and addi our subscription, until the whig Btate convention placed their author in :i new rel the public; when, un- willii peradd to other offences the heinous one of wri- ting from Europe,' he desired ; end their publication. "From this decision <•(' the author, our readers have appealed t.. th»> edi- tor, Saving read a portion of tin -. they insist upon the publica- tion of the entire They do not, nor can lover, in the whig nomination for governor, a sufficient reason for cutting off this source of ction. And I thor to the publi c:ui«»n i.f the whole Beriea, having I fore his nomination for insist that be has not now the right to revoke it. "Under these circum and at tl il solicitation of our read- lity of resuming tln> publication of our ' I ■ !• is due, li safety-fond banks, ami the remainder t<> individuals, on bond ami mortgage. Mr. Seward de- nounced the measure in an admirable speech, 4 delivered on the loth of April, L834. Tip- design of the hill was to operate favorably for the administration at the ensuing fall election. This resulted in the re-election of &ov. filarcy; no stock was issued, and the measure, having accomplished it- purpose, passed into oblivion. The last speech of Mi-. Seward in the Benate related to the chartered rights of the city of Albany. It was a tern- nerate ami Logical performance, but failed to prevent the passage of a law, which in hi- view, wa- a violation of the rights of the city. At the close of the session, he was for the third time designated to draw up the usual addressf of the minority of the legislature to the people of the Btate, * See V..1. I., p 87. | - Vol in., p THE COURT OF ERRORS. 45 The two great parties on national and state questions were now fully organized. A general trial of strength was to be made in the approaching election. The result of this strug- gle would indicate the probable issue of the presidential election which was to take place in 1836. The address, accordingly, went into a thorough exposition and defence of the whig policy, and with this document, were concluded the services of Mr. Seward in the legislature of New York. The court of errors, which was the court of final appeal in New York, from 1775 to 1846, was an institution copied from the English house of lords. It consisted of the chan- cellor, the judges of the supreme court, and the members of the senate. In the case of appeals from chancery, the chancellor gave his reasons for the decree he had made, but did not vote. In acting on judgments of the supreme court, the judges explained the grounds of their decision, but did not. vote. Mr. Seward, although at that time the youngest member of the court, took a leading part in its proceedings. His course was distinguished for its indepen- dence, although he never forgot the courtesy clue to his sen- iors. With remarkable power of analysis and accuracy of research, he made himself master of every case, that was presented for decision. An opinion pronounced by him in the case of Parks vs. Jackson affords an illustration of his character as a judge. In that case,* a -technical rule had been applied by the supreme court, in such a manner as to deprive tenants of valuable estates for which they had con- tracted and paid in good faith. The reasons for this decis- ion were assigned by Mr. Justice Nelson, of the supreme court, afterward chief justice, and now a judge of the Uni- ted States supreme court. Chancellor Walworth followed in an opinion, in which he defended the judgment of the supreme court. Mr. Seward then arose and delivered an adverse opinion, and on the question being taken on rever- sing the judgment, all the members of the court, with the * Wendell's Report^ Vol. XL, p. 456. 46 CANDIDATE FOR GOVERNOR. exception of the chancellor, voted in the affirmative. This seems to have been a case where the technicalities of the law came in conflict with justice. Mr. Seward, prompted by a noble sentiment of right, vindicated the claims of jus- tice, -against the arbitrary rules of law, carrying the whole court witli him, in spite of their previous intentions. On the 16th of July, 1834,Mr. Seward delivered a eulo- gy* on tlir lii'<- and character of Lafayette, before the citi- zens of Auburn. Tin- was a chaste and beautiful produc- tion. It presented an admirable analysis of tin' character of Lafayette, with a discriminating review of the principles of tla' American Revolution, and of the successive phases of French politics from tin- death of Louis X V 1. An account of a recenl personal conversation between Mr. Seward and Lafayette, added greatly to the interest of the discourse. CII A PTBB VIII. « LNDIDATE FOR GOVERN OB — DEFEAT — AGENT OF B0LLAND LAND I OMPANY. — EDUCATION — INTERNAL APPROVEMENTS — Tin: Nl'W FORK AND ERIE RAILROAD — CANDIDATE FOR GOVERNOR — ELECTION. A- the autumn of l v; 'l approached, when the election of governor was t<» be made by the people, the win-- party \\i'Yi> in anxious Bearch of a suitable candidate for the im- portant crisis. They were no1 wanting in men, whose po- litical experience, distinguished ability," and brilliant repu- tation, eminently qualified them l'"i' the (.nice, of th' Borne hail already been candidates ami had Buffered defeat. Others Lacked tin' elements of popularity thai were essen- tial t<» Buccess. The general impression of the party favor- ed the .-election of a new man. The younger portion of *s,e Vol III.. \: 25. EDUCATION AND INTERNAL IMPROVEMENTS. 47 the whigs were earnestly desirous that the candidate should be taken from their ranks. Mr. Seward's distinguished sen- atorial career had made him prominent before the party and the state. His bold attacks on the policy of the ad- ministration had won the gratitude and the admiration of the whigs. It was mainly through his efforts, that the party had been organized, and no one was better fitted than him- self to take the position of their acknowledged leader. Accordingly, at the whig state convention held in Utica, September 13, 1834, Mr. Seward was nominated as a can- didate for governor. The election came, and he was de- feated. The result showed that the whig party had not been able to put forth its full strength. It had not yet gained confidence in its own power to cope with a party that had never been overthrown, and was sustained by the monetary influence of the state and the vast patronage of the national government. Mr. Seward received a flattering vote, and led his ticket in all the counties, but Governor Marcy was re-elected by a majority of about ten thousand. Mr. Seward, having escaped the claims of public life, re- sumed the practice of his profession at the commencement of the year 1835. Nor did he lose his interest in the great political questions of the day. He still labored, with un- shrinking fidelity, in support of the party to which he was attached, and of which, by a large proportion, he was re- garded as the head. On the 3d of October, 1835, he delivered an address* at Auburn on Education and Internal Improvements. This production was remarkable for its anticipations of the prog- ress of the state, and its lucid exposition of the principles of government, which he afterward carried into effect, during his administration as chief magistrate. In July, 1836, Mr. Seward established himself in West- field, Chautauque county, for the purpose of assuming an agency to quiet the troubles between the landlords and ten- * See Vol. III., p. 128. 48 EDUCATION OF FEMALES. ants of the Holland company. Serious difficulties had arisen among the settlers on the tract of the company, and the services of Mr. Seward seemed important for the restor- ation of tranquillity. A change of scene also it was hoped, would prove favorable to his health, which had become im- paired by his assiduous professional labors. The manner in which he conducted this agency subjected him to much reproach in a subsequent political canvass. But of this we shall have occasion to treat in another plai The election for governor in L836 resulted in favor of Mr. -Marry, w In. received a majority of nearly 40,000 rotes over tin 1 whig candidate, Mr. Jesse Buel. Meantime, Mr. - .ard continued his agency, and his professional toil, with extraordinary Buccess. Bis growing fame produced no abatement of his industry, and he devoted himself to the interests of his clients with the same earnestness and zeal which he had exhibited in his political efforts on the lloor of the senate. During this period he prepared Beveral es- Bays, which display genuine Literary merit, no less than a spirit of enlarged and comprehensive statesmanship. Mr, Seward received an invitation to deliver a discourse on Education! at Westfield in duly. L837. He accepted tin' service, which he performed with Bignal ability. The discourse was a clear and eloquent defence of the principle of universal education. It maintained the duty of giving public instruction to all classes of the people, irrespective of condition or circumstances. In regard to the education of females, it claimed for woman the highest Btandard of literary attainment, challenging for her the same intellec- tual advantages that were enjoyed by the other Bex. At a meeting of the whigs of Cayuga county. October 11, L837, Mr, Seward delivered a speech of masterly ability. The Btate of the country called forth his mosl vigorous elo- quence. The commercial revulsion, which he had so long • Chautauque county.. Vol III. Vol. III., p. 136. THE NEW YORK AND ERIE RAILROAD. 49 predicted, was sweeping over the land. Disastrous experi- ence gave ample confirmation to the principles of the whigs. In his speech on this occasion, Mr. Seward earnestly ap- pealed to the people to redress their wrongs at the ballot- box. This was only one of many efforts daring the canvass. He was indefatigable in his exertions, which were now crowned with the most brilliant success. The election re- sulted in the total overthrow of the Albany regency. The whigs gained a triumphant victory throughout the state, electing six out of eight new senators, and one hundred of the one hundred and twenty-eight members of .the assembly. The New York and Erie railroad was originally under- taken by a company chartered while Mr. Seward was a member of the senate. He voted against the charter, not through hostility to the construction of the road, but on the ground that so great an enterprise could not be effected by a corporation, and that the road when completed should pass into the hands of the state, like the Erie canal, for the public benefit. His vote being misrepresented in the elec- tion of 1834, he corrected the error in a letter to a commit- tee,* declaring himself unreservedly in favor of that great work. As he had predicted, the enterprise languished until 1837, when it was abandoned by the regency and its party in the legislature. It was still sustained by the whig ma- jority in the assembly, whose policy, however, was rejected by a regency senate. A convention of the friends of the railroad was held at Elmira on the 17th of October, 1837, at which Mr. Seward was present. He was the first citizen, living in a portion of the state not immediately interested in the enterprise, who gave it his personal support. At the request of the convention, he prepared an addressf on the subject to the people of the state of New York, in which he gave a brief history of the road, and urged the adoption of efficient measures for its speedy completion. He placed the resump- * See Vol. TIT., p. 417. f See Vol. 111., p. 306- 3 50 THE BOLLAND LAND < OMPANY. tion of the work on the same broad principles of policy which pervaded his subsequenl administration. On the strength of such reasonings, the whig party throughout the state gradually yielded their aid to the project, and at length rejoiced in the completion of the truly magnificent structure. Ai the whig state convention in L838, the names of Wil- liam II. Seward and Luther Bradish were presented to the electors of the Btate for governor and Lieutenant-governor. The previous defeal of Mr. Seward had not in the leasl de- gree weakened the confidence of his friends. They knew that it was not owing to personal causes, but to the p tion of parties ; and hence were anxious again to present his claims for the suffrages of the people. Great impor- tance was attached to the election by both political parties, on account of its bearing on the presidential campaign of t0. The canvass labored under peculiar difficulties. During a eat pecuniary embarrassment, Mtr. ,ard had conducted the affairs of the Holland Land Company to tl ve of a prosperous close. His agency Chautauque county had been managed with discretion and kindness; but it did not fail to be used by his political op- ponents as an instrument of reproach. Hoping to alienate from their favorite candidate, they charged him with fraud, injustice, and oppression, in his treatment of the settlers, averring that he had employed his official power in the agency for his own private emolument, and the ben- efit of land speculators. Mr. Seward was Bilent in regard to t) - calumnies, until they had awakened a painful anx- iety toward the close of the canvass. He then published his letter to the citizens of Chautauque county.' which, by its clear and cogent statements, put an effectual Btop to the slanders thai were in circulation and gave him popular strength never enjoyed before. The slavery question was another perplexing element in 7oL III., p. ; TRIUMPH OF THE WHIG PARTY. 51 this canvass. The yet distant prospect of the annexation of Texas was viewed with alarm by the friends of liberty at the north. It renewed the discussion of slavery, which had not entered into political movements since the Missouri compromise in 1820. A portion of the citizens of New York, headed by William Jay and Gerrit Smith, had ad- dressed letters to the several candidates for office, intended to draw out their views on the subject of slavery. The mass of all parties at that time regarded this course of ac- tion with profound disgust. The candidates of the regency party did not hesitate to give a negative answer to the ques- tions that had been propounded. The whigs were thought to be placed in an inconvenient dilemma. Mr. Seward's an- swer* was at once frank and sagacious. While he expressed without reserve his devotion to human freedom, he limited his aims by a regard to prevailing opinions, and a sense of what was practicable in the attainment of right. His reply did not compromise his popularity, as had been hoped by his opponents. The election was warmly contested. With the regency the struggle was for life or death. No measures were neg- lected on their part to defeat the candidates of the whigs. Every species of objection was urged against Mr. Seward. The gravest and the most trivial charges were alike brought to bear on the canvass. Among other things he was ac- cused of the " atrocious crime" of being a young man, as he was but thirty-three when first nominated for governor, and at this time but thirty-seven. The election took place in November, and in spite of unexpected disasters to the whig cause in all other states, the " young man" was tri- umphantly elected. Mr. Seward's majority reached to 10,421. The whig party carried the state in every depart- ment, and secured a complete ascendency of political power. * See Vol. III., p. 426. 52 APPOINTMENTS TO OFFICE. CHAPTER IX. GOVERNOR — CIRCUMSTANCES — MEASURES — SCHOOLS — CATH- OLICS — NATIVE-AMERICANS — FOREIGNERS — LAW REFORM — DECENTRALIZ LTION — BANKING — IMPRISONMENT FOR DEBT Mr. Seward was the first whig governor of New York, With the exception of De Witt Clinton, he was the only one who had ever been elected in opposition to the Albany regency. The party which had virtually dictated the pol- icy of the state for nearly fifty years was thus effectually destroyed, and a new development of principles was to be realized under the administration of William II. Seward. In entering upon the executive office, Gov. Seward was Burrounded with peculiar difficulties. Tin' business of the country had been prostrated by the revulsions of L836. Bis political friends Looked with confidence to his adminis- tration for the financial relief of the public. The whi moreover, were in powerforthe first time. Numerous and it'll applicants srly pressed their claims for office. In this crisis, Gov. Seward conducted with great modera- tion and impartiality. Cautious in making promises, he rejected no application without substantial reasons, which In- never took pain- t:> conceal. Hi- frankness in render- ing all necessary explanations t'» a disappointed candidate was equal t<> the wise reserve with which he abstained from ing undue encouragement.* In this judicious course, however, he did not avoid offence. Applicants were more numerous than offices, Of course, some must l"- disap- pointed. Ami of tin'-''. -Mine rallied around rival Btato men. Gov. Seward thus incurred tin* opposition of several * See Official CorrespoDdence, Vol. II., p. • AGRICULTURE EDUCATION. 63 prominent members of the whig party, who, naturally enough, adopted principles different from his own. Nor did his election bring the political contest in the state of New York to a close. An important battle had been won, but the campaign was not completed. Never did party zeal run to a greater height than during the period of his administration. In describing his official career, we shall do little more than indicate the principles by which it was inspired, as delivered in his messages and other executive papers. Among the measures to which the attention of Gov. Sew- ard was early directed, was the completion of a lunatic asylum, and the adoption of a judicious and humane system for the treatment of the insane. Before his retirement from office, his suggestions in this behalf were carried into suc- cessful operation. Frequently visiting this and other chari- ties of the state, he recommended them to the patronage of the legislature, as well by his example as his counsels. In the exercise of the pardoning power, Gov. Seward exercised, we think, a greater degree of wisdom than most of his predecessors. At the same time he labored for the introduction of milder forms of punishment in the peniten- tiaries, substituting moral discipline for the lash. These reforms were afterward adopted by the legislature. The interests of agriculture always received the fostering care of Gov. Seward. He was anxious for the establish- ment of an agricultural department in the state, with a view to the especial promotion of that important source of public prosperity. His efforts for that measure, however, were not seconded by the legislature, and have remained to this day without direct fruit. Upon the accession of Gov. Seward to office, the system of normal schools, in connection with academies and com- mon-school libraries, had been partially established. These measures received his cordial and efficient support. At his suggestion, a system of visitation and inspection of 54 EDUCATION AXJ) THE CATHOLICS. common schools was adopted by the legislature, although it has fuiled to be earned into full effect, much to the detriment of the cause of popular education. In his messages, Gov. Seward took the ground that the welfare of the state demanded the education of all its chil- dren,* not as a matter of charity, but of justice and public safety. The defects in the public schools of New STork city Led him to recommend a modification of the Bystem, and the ultimate substitution of the plan which prevailed in ill- res! of the state. A prejudice, partaking of both a national and religious character, had come down from the colonial period against foreigners, and especially against catholics. It was this class of the population that would be mosl directly benefited by the change in the city schools. Il was proposed to admit catholic teachers with the sam i facilities as others. An alarm was at once raised through- te. The protestant cause was declared to be in danger; from the undu i ascendency of the catholics. Reli- is bigotry was thus excited. The hostility of both protestant clergy and laity was arrayed against tl Eewas labelled ineffigyin New York. The pr ui'il with abuse of his person and measures. Meantime his political i snts, who had always professed to be dly to foreigners and catholics than the whigs, did no! fail to take advantage of the popular jealousy for • promotion of their views. The whigs, on the other who were accustomed to contend with naturalized at the polls, were unwilling to accord them any privileges. Between the two parties, Gov. Seward was obliged to maintain th ntemplated reform on it- own merits. Bis influence was greatly impaired by the general impression thai the measures in question were not only un- tenable in themselves, but that they had their origin in Bin- • political purpos This impression, however, was Vol. II., pp. 206, 216, 278; also page 212 of this vol THE SCHOOL CONTROVERSY. 65 wholly unfounded, and did great injustice to Gov. Seward. His efforts in behalf of the children of catholics sprang from a deep conviction of the importance of education to all men, without regard to condition or circumstances.* Du- ring his travels in Ireland in 1833, he saw the effect of British policy in depriving the catholic population of the means of instruction. The people, thus kept in abject igno- rance, were more easily made the victims of oppression and tyranny, and more liable to become seditious and treason- able. This spectacle produced a strong impression on his mind. He became anxious that the catholics in America should be put in possession of the advantages of education, and so be assimilated to the native population.! The controversy on the school question continued through- out the whole of Gov. Seward's administration. It affected his popularity so much as to deprive him of about two thousand votes on his re-election. The result, however, has shown his far-reaching sagacity. Like many other measures proposed by Gov. Seward, this was in advance of public opinion, but has since commended itself to the good sense of the people. At the first session of the legis- lature, after his retirement from office, his plan for the education of all classes of children, not excluding those of foreigners and catholics, was adopted by decisive majori- ties. No doubt has since arisen as to the utility of the measure, except on the part of those whose religious scruples had led them to decline a participation in its advantages. His attention was first called to this question by the fact, that the annual school returns from New York showed that there were about twenty-five thousand children in that city who did not attend school, and were thus left exposed to the allurements of vice and crime. * See General Correspondence. Letters to Bishop Hughes and others, Vol. III. f See Letters from Europe, Tol. HI. 56 LAW REFORM. Along with these efforts of Gov. Seward in behalf] of educational reform, he was also actively engaged in the removal of the prejudices between native Americans and adopted citizens. His recommendations to successive legis- latures for abolishing the legal disabilities under which foreigners Labored were, with more or less reluctance, ulti- mately adopts The city of New York was at that time just beginning to be crowded with immigrants, who poured into ihe coun- .1 foreign lands. Overtaken by poverty and disease, they served to fill the almsh ind the prisons. Their ■flowing numbers incr the amount both of wretch- edness and of crime. In order to Lessen the evil, a tax upon Lmmigrai ommended by the mayor of New ■k. The proposal met with g favor. [Jnder these circumstances, the \ ublic was astounded by to of Gov. Seward for tl mt of immigration. Ee maintained thai the Burplus Labor of foreign lands should be employed to advantage in developing the Datura! iv- bou mi ry. Enstead of shutting our doors upon the down-trodden immigrant, he insisted that we should welcome aim to a share in our industry and citizenship. This generous and humane ] vehemently demned. It subjected its author to great reproach. Still. as in the oftheschool reform, his measures were finally adopted by tfa . Iu 1847 they were made the subjeel of discussion in the Legislature, and, having passed I body, have Bince been a part of i blished policy of New York. The court- of law and of chancery in the Btate of New k had, from time immemorial, been Bubject to a vari of expensive delays. Organized on the model of the E list higher con ted of judges, a ch cellor, and a rice-chancellor, appointed by the nor and senate, and holding office until sixty years of age. In * Sec Annual M< . Vol. II. DECENTRALIZATION. 57 the common-pleas the judges were appointed for five years by the same power. The legal practice was marked by all the prolixity, technicalities, and superfluous expense of the English courts. The judiciary and the banking powers were combined with overpowering and overshadowing influ- ences by the Albany regency. Gov. Seward exerted all his influence in favor of reform. He was opposed by both the bar and the judiciary. In opposition to their combined efforts, he secured the passage of bills in the legislature for reducing the expenses, and simplifying the practice in all the courts of the state. Nor did he stop with this measure for the relief of the public. He urged a complete reform in the constitution of the courts. His plan involved the abolition of the court of chancery, and a new organiza- tion of the supreme courts and the common pleas. The legislature did not receive his suggestions with favor ; but they did not fail to exert a salutary influence on the public mind. No one can doubt that they prepared the way for the radical change in the constitution effected in 1846. Under this arrangement, the court of chancery, after an existence of over one hundred and fifty years, was abol- ished, and all judicial offices made elective by the people. It was the desire of Governor Seward from the com- mencement of his official career, to effect the decentraliza- tion of the political power in the state. By the existing laws, the judges of common pleas were associated in the respective counties with the board of supervisors in the ap- pointment of commissioners of deeds, superintendents of the poor, and other county officers. The boards of supervisors were usually divided in politics, and hence the appoint- ments were in fact decided by the central power at Albany, from which the judges received their offices. At the rec- ommendation of Governor Seward the appointing power was withdrawn from the judges, and the election of most of these offices given to the people. His efforts for redu- cing the emoluments of several favorites in public office were 3* 58 SMALL BILLS — A.GEICULTURE. partially sanctioned by the legislature. But his recommen- dation to abolish thepfficesof inspector of various branches of produce and manufacture was not adopted until after the close of his administration. The safety-fund system, of which Governor Seward had always been a decided opponent, exploded in 1837. A general banking law, passed by the whig assembly of L838, ■ the liberty of banking to any voluntary association of The m im, however, was at first defective in its details. Many of the banks and. a- this organization failed, producing a loss to the bill-holders. During Gov- ernor Seward's administration, the law was revised, and with successive improvements, has become the settled policy of the Btate, and has ah been adopted by Beveral oilier states of the Onion. .V warm discussion arose during this period, in regard to minimum denomination of bank paper to be used as a ulating medium. In accordance \\ ith the views of Gen- i Jackson, bills under five dollars were prohibited by islature of l s; '7. The Benate of 1 v - s refused to re- 1 this law. At the recommendation of Governor Seward in L839, the act was repealed by the whig legislature and qo attempl has been made to restore it since. The geological Burvey of the state, which had l n corn- iced pursuant to an act of the legislature in 1836, was brought to a completion, under the auspices of Governor ,;n-d. At his suggestion, the legislature appropriated funds from time to time for its prosecution, and established a depository for the preservation of specimens illustrative of the natural history of the state. This, he recommended should be made the Inundation for a system of popular in- to the natu -. with a view to the impro ment of agriculture. The spirit of his suggestion has I ried into effect by the Btate agricultural society, in its 3tem of popular lectures and discussions which are held in • fical museum at Albany. IMPRISONMENT FOR DEBT. 5 C * The results of the geological survey were embodied in a series of quarto volumes, which ultimately reached the num- ber of thirteen. Governor Seward prepared an elaborate introduction to the work, consisting of a review of the set- tlement, progress, and condition of the state of New York, somewhat on the plan of Mr. Jefferson's " Notes on Virgin- ia." This historical essay is written in a style of admirable clearness and fluency, abounding in recondite and valuable information, and pervaded by an elevated tone of patriotism and humanity. It appears in the Works of Mr. Seward under the title of " Notes on New York."* The abolition of imprisonment for debt, effected in 1832, did not reach the class of non-resident debtors, or those held by process issuing from the United States courts. Governor Seward was opposed, both from feeling and prin- ciple, to depriving unfortunate debtors of their liberty and of the opportunity to provide for their families. He had not been long in the executive office, when he procured the passage of laws, which swept away these relics of barbar- ism from the jurisprudence of the state. * See Vol. II., p. 9 to 180. 1)0 ANTI-REVT TROUBLES. CHAPTER X. GOVERNOR, CONTINUED — ANTI-RENT TROUBLES — ELECTIONS — REGISTRY ACT — CANADIAN DISTURBANCES — THE M ; LEOD CASE — EXCm '" \ I . !. the laws of the were faithfully execu- i L during Governor Seward's administration. There was, however, an except! >n. In the counties of Albany and ilaer, was a tract of land, fifty miles square, lying on both sides of the Hudson river, which was claimed to have been granted by the Dutch government, at an early day to the Van R family, and which was originally denominated the manor of " B irwyck." The lands "ii this tracl bad not : ranted in fe i to Bettlers, as where, but had been farmed oul on perpetual leas tnnuities to the propri itor | denominated the i /mo, i). payable in kind and in Labor, and containing cove- uant8, raising pon alienation. The late patroon, Bon. Stephen Van Rensselaer, had allowed numerous ar- rearages of rent to remain uncollected for many yea s. At his decease, his heirs demanded payment of these arrear- 3. Tl •■ tenants i ply. Differences grow- ing oul of th< atters, which extended '"ark through a period -. ripened, in 1839, into discontei popular outbre the laws. Etefu- Bin aper with such violent proceedings for a mom< ward issued bis proclamati ling upon content t upon the nature and cons squences of their unlawful j lature for re- dress of their gri-;\ ledging himself to grant them »e Vol. II . VINDICATION OF GOVERNOR SEWARD. Gl every aid in his power, in bringing their complaints before that body. This proclamation was accompanied by the or- ganization and despatch of a military force, which, acting under the authority of the sheriff, attended him until he had executed the legal processes in his hands, including those against the individuals who had resisted the laws. In announcing these measures to the legislature in his annual message, in 1840,* Governor Seward discussed the nature of the tenures out of which the disturbances had arisen, and recommended that efforts should be made for the removal of the difficulty which threatened to be lasting and serious in its consequences. He urged a compromise of the conflicting claims of landlord and tenant, with their consent, and without injustice to either party. The recom- mendation was adopted, and Hugh Maxwell and Gary Y. Sackett, Esqs., were appointed commissioners to effect, if possible, a satisfactory adjustment. After examining the subject, and hearing all the parties, the commissioners de- cided on the basis of an adjustment, which they recom- mended for the adoption of the litigants. The tenants as- sented. But the landlord, under mistaken advice, refused the proffered terms, and insisted on the rights secured in his leases. So the settlement failed. During the residue of Governor Seward's administration, the laws were executed throughout the discontented re- gions, as in the other parts of the state. But the contro- versy between the proprietors of the Rensselaer manor and the tenants, still continued, and has not been settled to the present time. Loud complaints were made against the governor for what was alleged to be an unjust concession to the claims of the tenants, in treating the restraints on alienation and other features in these cases, as illegal and inexpedient. Since Governor Seward's retirement from the executive office, armed resistance has been more than once renewed, and a ruinous litigation has never been sus- * See Vol. IL, p. 219 62 REFORM IN ELECTION LAWS. pended. The court of appeals has recently vindicated the views of Governor Seward, by declaring the restraints upon alienation, illegal and void. This affair furnishes another instance of Governor Sew- ard's clear forecast and sound wisdom, in the adoption of measures for the removal of existing evils. For tne time being, owing to a want of equally enlarged views, his rec- ommendations have i d discarded. Bui time vindicates their soundness. In the present case, after the Bubjed had been litigated, discussed, and argued for years, before le- gislatures and courts, the decision was finally undo in con- formity with the views he had Originally urged upon the parties Interested. In his earlier years, Governor Seward, as we have Been, devoted considerable attention to military affairs. During his administration, he labored for the accomplishment of certain reforms in the militia Bystem, which he had urged while a member of the senate, [ts unequal operation was trded by him as an infringemenl of personal rights, and real public »-\ il. He endeavored to relieve tin- members siety of Friends, and other persons who declined performing military duty from religious Bcruples. This Lsure was nol adopted by the legislature. Bui he did not fail to use the pardoning power of the executive in be- half of those, who had incurred the penalty of the law, in obedience to their consciences. In this course, Governor Seward was true to the enlarged and liberal sentimei which he had long cherished, in regard to religious free- dom/ It was one of his str convictions, thai nod of citizens Bhould Buffer from legal disabilities, on account of matters of cons Here^ too, his views, at last, re- ceived the sanction of public opinion, and the changes in the militia Bystem, which he had urged in his . be- same the policy of the state. Previously to L841, the elections in New York occupied ' in., i' '-i THE REGISTRY ACT. 63 three clays — a single board of inspectors receiving ail the votes in each town or ward. This arrangement occasioned numerous inconveniences. In the larger cities, especially, it gave rise to a system of frauds and combinations, impair- ing the purity of elections, and impeding the voter in the exercise of his political rights. Violent contests took place at the polls, which often resulted in the destruction of the ballot-box. Every one acknowledged and deplored the evil. It was not so easy, however, to discover the remedy. The whigs were in favor of an act of registration ; but this was regarded by the opposite party as a scheme to deprive the poorer classes of the exercise of suffrage. As the sup- port of both the great political parties of the day was essen- tial to the success of the measure, the whigs modified their demands, limiting the call for a registry to the city of New York. Governor Seward could not give this course his approval. He was opposed to all partial, invidious legis- lation. Nor could he be convinced of the practicability of the measure, in the existing state of feeling. He accord- ingly dissuaded his friends from urging the passage of such an act. In its place, he recommended the division of towns and wards into election districts, each containing not more than five hundred voters, and the limitation of the time for holding elections to a single day. These suggestions were accepted by the whigs, who then formed a majority of the legislature. But under the influence of members from New York, they added a provision for a registry act in that city. Governor Seward was thus again brought into collision with his political friends. He prepared a veto message,* presenting his objections to the feature of the bill establish- ing a registry. On consultation, however, with the whigs, it was found that even if the bill should not pass in spite of the veto, yet the party would be convulsed by the conse- quent excitement, and incur the hazard of yielding the con- trol of the state to their political opponents. The governor * See Vol. II., p. 379. 64 CANADIAN DISTURBANCES. was thus induced to suppress the veto and approve the bill, frankly stating to the legislature his objections to the fea- ture in question, and predicting its ultimate effect. An election was held under the new law, in the following au- tumn. The city of New York returned a democratic ma- jority, induced by the new provision. The legislature at once laled it by a unanimous vote. The other provis- ions of the law still remain in fore The -t disturbance in Canada which occurred in 1- 7. awakened deep interesl among the people of 3, who lived adjacent to the frontier. A mili- tary corps v. anized t<> ."id the Canadian- in their Btruggle for indej r federal government adopt- stringenl measures to enforce the neutrality laws, Du- ring thes • excitements an even! toot place which threatened serious embar mt to the relations of the United States • •'••■;'! B . On the night of I 1 29, 1 337, an armed I aada crossed the ' a river, at- tacked .- <>{' American citizens, who were then asleep in the si I roline, lying in the river al Schlosser. e man was killed ; the rest were driven ashore. Elavi cul out the Bteamboat, the invaders Bet her on fire, towed her into the current i m and sent her flaming over a Palls. Thi very where excited the deep- est indignation. Jn th Uy, the were almost in a frenzy of passion. Three years after this occurrence, in the win; Itizen of Canada, named Alexander M'Leod, while on a visit to Nil ;ounty, was said to have boasted that he i ■her of irty which destroyed the Cain- line. A known to be a warm loyalist, the assi rtion was readily believed. ]\<> was arrested on the charge of ar- son, and committed to jail. In due course of law he was >\\h- aently indicted for that crime, and detained for trial. Upon this the British minister at Washington, Mr. Pox, made a reclamation on Mr. Van Buren, theo president of THE M'LEOD CASE. 65 the United States, in behalf of the prisoner. He insisted that the destruction of the Caroline was an act of war, for which the British government should be held responsible, and not a private individual. Hence he protested against the trial of M'Leod, and demanded his release from impris- onment. The president did not assent to the position of Mr. Fox ; he maintained that the act was a violation of the jurisdiction of New York, and of the United States in time of peace. Even assuming the views of Mr. Fox to be cor- rect, the matter belonged to the courts of New York for judicial examination, with which the federal government could not interfere. The decision of Mr. Van Buren was immediately commu- nicated to Governor Seward, while Mr. Fox, on the other hand, submitted the subject for instruction to his govern- ment at home. Governor Seward promptly and dispassion- ately replied to the president accepting his decision on the part of New York. This reply did not reach Washington until after the 4th of March, 1841, when the administration had passed into the hands of General Harrison. The affair was accordingly intrusted to Mr. Webster, the secretary of state under the new president. Meantime Governor Seward had despatched the attorney- general of the state, Hon. Willis Hall, to Niagara, in order to ascertain the facts relative to the transaction. The result of the investigation convinced the governor that the evidence was insufficient to sustain the indictment, as it appeared that M'Leod was not even on the American side of the river during the night on which the Caroline was destroyed. Mr. Fox was instructed by his government to insist on the positions which he had assumed. He accordingly de- manded the surrender of M'Leod, menacing the president with hostilities in case of non-compliance. In reply to Mr. Fox, General Harrison conceded that M'Leod could not be held to trial for the alleged offence, thus confirming the views of the British government. This decision was com- 6 I THE M'LEOD CASE — THE TRIAL. municated to Governor Seward, in a letter from the secre- tary of state, through Mr. Crittenden, the attorney-general of the United States, who announced the wish of the presi- ded thai a nolle prosequi Bhould be entered, and a stop pul to further proceedings. Mr. Crittenden was despatched by tli«' presidenl to Niagara county, with directions i<> ap- pear in oin-t in behalf of M'Leod, and to urge upon Gov- ernor Seward the enteringof a nolle prosequi. In conver- sing upon the Bubject, Mr. Crittenden informed Governor Seward, that Greal Britain would declare war againsl the United States unless the surrender of M'Leod took place. II appeared, however, on further explanation, that the re- taliation threatened by I Britain was made contingent not on the detention, nor on the trial, nor even on the con- victidn of M'Leod, but on his execution. This view was sustained by the correspondence with Mr. Pox. Governor - ,:ird then informed Mr. Crittenden of the course he iuld pursue. In the first place, it was not probable that M'l d would be convicted, as there was no proof of Ids i( — but it' convicted, he could not icuted without pernor's al : and inasmuch as both governments reed thai his conviction would be an infringement of in- ternational law, however he might differ from that opinion. he should feel bound to release the prisoner from his sen- tence. Be added, moreover, that all the questions belong- ing to the case; must come under the cognizance of the .iirt. and ther it was ne< — ary for the trial to !. But this course involved no risk of compromising our relations with I Britain,forthe reasons already stated. The trial, accordingly, was postponed. Mr. Crittenden returned to Washington to lay the views of Governor Sew- ard before the president and his cabinet. It was under- >d that, if these views were not approved, the subj Bhould receive further examination. But the Budden death of General Harrison, and tin' consequent di--.luti.ui of the linet, left the matter as it w. THE M'LEOD CASE THE RESULT. f>7 Meantime, Joshua A. Spencer, Esq., who had been al- ready retained as counsel for M'Leod, was appointed United States district attorney for the northern district of New York, although against the earnest remonstrances of Gov- ernor Seward. At the succeeding term of the supreme court, Mr. Spencer appeared with instructions from the president, and demanded M'Leod's discharge from the in- dictment, without the formality of a trial. The motion was resisted by Willis Hall, Esq., in behalf of the state, under the direction of the governor. After elaborate arguments on both sides, the demand for M'Leod's release was denied, sustaining the ground taken by President Yan Buren and Governor Seward in opposition to the views of President Tyler. In spite of the fact that war was suspended, not on the trial, but on the execution of M'Leod, the public mind was greatly excited by the fear of a collision with Great Brit- ain. Governor Seward was reproached, in many political and commercial circles, with pursuing recklessly a Course that tended to plunge the two nations in war. But this had no effect on his determination. He was convinced of the justice of his measures, and resolutely proceeded to carry them into effect. At length the time for holding the court arrived. It was convened at Utica, remote from the immediate scene of ex- citement. On trial before a learned and impartial judge, M'Leod was acquitted, for want of evidence that he was concerned in the outrage. He was then sent into the Brit- ish territory by Governor Seward, under an escort, and safely delivered on the north side of the Niagara river. This critical transaction affords a* fresh illustration of Governor Seward's firmness and sagacity. Had he listened to the advisers whose fears dictated to their judgment, and followed the cowardly policy of President Tyler, he would have disgraced both the state and the nation in the eyes of the world. But his bold and manly course sustained (lie 68 ENLARGEMENT OF THE ERIE CANAL. honor of the country. The fortunate conclusion of the affair restored the public mind to tranquillity, and strengthened the administration of the state in the esteem of the people.* C (I AFTER XI. GOVERNOR, CONTINUED — I ANALS — ENL LRGEMENT — FINAN- CIAL CRISIS — PANIC — BUSPENSION OF PUBLIC WORKS — RAILROADS. Tin: Erie and Champlain canals were completed in 1825, This great enterprise of internal improvements had been brought to a prosperous completion by !><* Win (Minion. insl in-' Btrennous opposition of tin' Albany regency. Hut even before these work- wrere finished, ii was seen that they could not attain the objects of their construction with- out ilp' addition <>i' Lateral canals, connecting with the Sus- quehanna and other rivers on the south,and with Lake On- tario on the north. The Erie canal was but forty feet wide, and fou ». It was booh evident, that, instead of a canal of such Limited capacity, :i Bhip-canal was necessary to unite the navigation of the Lakes with that of Hudson river. A- early as L835,i1 was found necessary to replace tin- lucks and other structures of tin- Erie canal. Ai the Bame time, the Btate debt incurred in its construction, and thai of the Champlain canal, had been virtually paid. Un- der these favorable circumstances, the Legislature voted the enlargement of the Erie canal, on a Bcale t«> !"■ fixed by the canal board. The scale adopted * enty feet wide and feet deep, with double instead of Bingle Locks, as be- But tli' 1 act Limited tin 1 expenditures for the en- largement to the annual surplus of the tolls after deductings large amount fort d purposes of the state treasury. . V..]. II., pp, INTERNAL IMPROVEMENTS. 69 In 1836, the construction of the Genesee Valley and the Black River canals was decided on by the legislature. These works were intended as branches of the system of internal improvements which had previously been com- pleted, including the Oswego, Seneca, and Cayuga and Crooked Lake and Chenango canals. A loan of three mil- lions of dollars had been made, during the same year, to the New York and Erie Railroad Company, for the aid of their enterprise. The next year saw the progress of all these works, while the canal commissioners recommended a more vigorous prosecution of the enlargement of the Erie canal. The recommendation was urgently renewed by Gov- ernor Marcy and the canal commissioners in 1838. But the state was then suffering from a commercial revulsion. The comptroller, Mr. Flagg, indirectly opposed the recommend- ations, in a report insisting on the necessity of taxation for the support of the treasury. This report was answered by Hon. Samuel B. Ruggies, chairman of the committee of ways and means in the assembly, who showed that the in- crease of toils on the canals would sustain a loan of thirty millions of dollars, reimbursing it in twenty years, or of forty millions of dollars, reimbursing it in twenty-eight years. In accordance with this estimate, the legislature, in 1838, made an appropriation of four millions of dollars for the prosecu- tion of the enlargement, and authorized the loan of eight hundred thousand dollars on the credit of the state, in aid of the Central and other railroads. Such was the condition of internal improvements in the state, when Mr. Seward entered upon the executive office on the first of January, 1839. The state debt was then eleven millions of dollars ; but 4here were four millions of dollars in the treasury available for the public works, re- ducing the actual debt to about seven millions of dollars. Governor Seward vigorously followed up the legislative policy of 1838. He recommended that measures should be adopted to secure the enlargement of the Erie canal, TO FINANCIAL CRISIS AND PANIC. and the completion of the lateral canals, before the year 1845. The report of Mr. Flagg, the comptroller, who retired on the coming in of the whig administration, presented an alarming picture of debt, taxation, and bankruptcy, as the consequences of perseverance in the public works. Mr. Blagg was supported by the opposition party in the legisla- ture and throughout the Btate, while Governor Seward was sustained by the whiga with great nnanimity. To inc ise the embarrassments of the whig administra- tion, and to Bhake the public confidence in the ability of ihr state to complete the Bystem in which ii was engaged, ii was dow discovered thai the canal commissioners who had recommended th enterprises had ma.de too low an mate of their which, instead of fifteen million-, three hundred and Beventy-five thousand dollar.-, for the en- largement of the Erie and the construction of the Gen< [ley and the Blact River canals, would amount to thirty millions, four hundred and forty-four thousand dollars. The people were alarmed by this unexpected announce- ment. Oppressed by pecuniary difficulties in every depart- ure . the public was dii ided in opinion. The whigs maintained the wisdom and necessity of completing the public works in Bpite of the errors of the estimate. But the opposing party condemned the policy in yery decided term-. They predicted an insupportable burden of ta tinii.and ultimate repudiation as its inevitable [uence. This was the great issue between the two parties during the whole of Governor Seward's administration. A crie ; length came The failure of Pennsylvania, Michigan, Illinois, Mississippi, Maryland, and other states which had largely engaged in Bchemes of internal improve- ment, produced in L841 a general depreciation of Ajnerican credit in Europe. The Btocks of New York, which bad hem pledged abroad, were returned, glutting the market in our commercial cities. The capitalists became alarmed. SUSPENSION OP THE PUBLIC WORKS. 71 "With a view to prevent a further decline in securities, they combined with the opposition party against the prosecution of the public works. Their measures were met by Gov- ernor Seward with decided resistance. In his messages to the legislature, he forcibly remonstrated against suspending the improvements already commenced. Maintaining that, in spite of the fall of public credit abroad, the true policy of the state was unchanged, he clearly set forth the evils that would ensue from the abandonment of the enterprise. But it was all in vain. Political managers took advantage of the prevailing panic to counteract the policy of the gov- ernor. The moneyed interest chimed in. His sagacious admonitions were unheeded, and the legislature, in 1842, put a stop to the progress of internal improvement. In his message, at the extra session of 1842, he thus alludes to the sudden and humiliating close of these prosperous and well-directed enterprises : — "For the first time in the quarter of a century which has elapsed since the ground was broken for the Erie canal, a governor of the state of New York, in meeting the legislature, finds himself unable to announce the con- tinued progress of improvement. The officers charged with the care of the public works have arrested all proceedings in the enlargement of the Erie canal and the construction of the auxiliary works. The New York and Erie railroad, with the exception of forty-six miles from the eastern termi- nation, lies in unfinished fragments throughout the long line of southern counties stretching four hundred miles from the Walkill to Lake Erie. The Genesee Valley canal, excepting the portion between Dansville and Roch- ester, lies in hopeless abandonment. The Black River canal, which was more than two thirds completed during the last year, has been left wholly unavailable. As if this were not enough, two railroads, toward the con- struction of which the state had contributed half a million of dollars, and public-spirited citizens large sums in addition, have been brought to a forced sale, and sacrificed with almost total loss to the treasury, without yielding any indemnity to the stockholders, and without even securing a guaranty that the people would be permitted to enjoy the use of the improvements.". Such was the condition of affairs on the first of January, 1843, when Governor Seward resigned the administration of the state into the hands of his successor. A convention was called in 1846 to revise the constitution, containing a I _ 2 RE-ESTABLISHMENT OF GOVERNOR SEWARD'S POLICY. large democratic majority. It incorporated provisions in the constitution, prohibiting the enlargement of the public works, except under stringent, and, as it was thought at the time, impracticable conditions. Still the canals, ex- ceeding the largest estimates of the late whig administra- tion, furnished the means for a gradual prosecution of the contemplated improvements until 1850. The whigs being in power ;it that time, it v. srtained that the sum of nine millions of dollars would Buffice to complete the public works on the original plan. It was also ascertained that this object could l><> accomplished without pledging the credit of the state, by a Bimple transfer of the surplus tolls of tin- canals for a short term of y< -. Daniel Webster, .1 . < . 3j .ami other eminent jurists, to whom t lie question had been submitted, expressed the opinion that such a measure would be in accordance with tip- provisions of tin' constitution. After a vehement party struggle, the islature of L851 decided on its adoption. The adverse party brought the question before tin' Btate courts, which finally « 1« -«l;i r« •« 1 that tin' law was unconstitutional. Still, few can now doubt th" wisdom of tin- policy maintained by Governor Seward." it only remains to determine how the constitutional prohibitions of 1846, as expounded by the court of appeals, shall be modified so as to allow the Bpeedy attainment of the great object. f The agencj I ivernor Seward in behalf of internal im- * See Vol. II., pp 188-212. •j- Since the above was written, Governor Seward 1 bare been sig« nally vindicated by the legislature and the people, and hie policy re-estab- lished. By .ui amendment of th.- constitution, th'- proposed enlargement is to be -| lily accomplished, th-- legislature of 1854 having passed amendment by an almost unanimi In the senate tfa were twenty nine, ami the nays none ; absent three. In the assembly thi hundred and fifteen ayes, and one nay; absent twelve The voio the |"-"i itioning the act of the legislature, waa no 1' — empl ndraent, having been submitted to the i pie at :i ip tion, ^onfirmea" by the following vote: for the amendment, 186 ',556. RAILROADS PROJECTED. 73 provements was by no means limited to the canal system. Upon his accession to the executive office, railroads were a recent invention. They had been adopted only to a com- paratively small extent in any part of the United States. They still met with a strenuous opposition from many of the leading New York politicians. The only railroads in the state were the Harlem, eight miles in length, and the Alba- ny and Utica, ninety-five miles in length. Great efforts had been made to extend the latter road from Utica toward the west ; but popular prejudice and pecuniary embarrassment were too strong for the corporations. The construction of the New York and Erie railroad had been abandoned ; but Governor Seward from the first was an earnest advocate of the improvement. With almost prophetic sagacity, he con- stantly predicted the success of this new mode of locomo- tion. His zeal in its behalf excited alarm in the conserva- tive, commercial, and political circles. In his annual message in 1839,* he expressed himself in the following words : — " This wonderful agent [steam] has achieved, almost unobserved, a new triumph, which is destined to effect incalculable results in the social system. This is its application to locomotion upon the land. Time and money are convertible. Husbandry of the one is economy of the other, and either is equivalent to the economy of labor. Railroads effect a saving of time and money; and, notwithstanding all the incredulity and opposition they en- counter, they will henceforth be among the common auxiliaries of enter- prise. Happily it is not in our power to fetter the energies of other states, although we may repress our own. This useful invention, like all others, will be adopted by them, although it gain no favor from us; and they who are willing that New York shall have no railroads, must be ready to see all the streams of prosperity seek other channels, and our state sink into the condition of Venice, prostrate and powerless, among the monuments of her earlier greatness. A glance at the map would render obvious the utility of three great lines of communication, by railroads, between the Hudson river and the borders of the state. One of these would traverse several of the northern counties, and reach with its branches to Lake Ontario and the St. Lawrence. A second, keeping the vicinity of the Erie canal, would con- nect Albany and Buffalo. A third would stretch through the southern counties, from New York to Lake Erie." * See Vol. II.. p. 183. 4 74 NKW YORK AND ERIE RAILROAD. These confident predictions have since become magnifi- cent realities. In his messages and Bpeeches, Governor Seward also urged the construction of a railroad on the banks of the Hudson, from New York to Albany. Indeed, they often manifest not a little impatience with the skepti- cism and want of public spirit which discouraged the undertaking of Buch an importanl enterprh In a speech delivered at Elmira in L850, on the comple- tion of the New Yurk and Brie railroad, Governor Seward related .-nun- curious personal reminiscences, in regard to the progress of internal improvements. The chef (Pasuvre of his college life, be remarked, was an essay prepared in L820 against the Erie canal, then in course of construction under the auspices of De Witt Clinton. Be attempted to prove that the canal could never be completed — or, if completed, that it would be the ruin <>r the state. In live years from that time the canal was finished, ami boats placed <»n its Burface, from tide-water to Lake Erie. Jusl nineteen years after the production of that essay, he found himself in the place of De Witt Clinton, urging the en- largement of the canal t«> double its original capacity, mid tin- construction of three line- of railroad, between substan- tially the same termini^ t.» Bupply the deficiency of the canal for transporting the commerce of the Mate. Th< recommendations were regarded by the public mi .-till more visionary than the schemes of Governor Clinton had been in hi.- estimation. Hut. notwithstanding the popular incredulity, on retiring from office at the end of four years, he had the satisfaction of seeing the aggregate Length of the railroads of the Mate increased from one hundred to eight hundred miles.* Nor has the devotion of Governor Seward to the cause • The -! f the New York unci Erie railroad company, in of their appreciation of Governor Seward'i 1 him with a formal vote of thanks on bis retirement from office, with a ticket elegantly eng ,-.. 1 ..,i silver fur the free pa himself and family on the road durii'g life. INTERNAL IMPROVEMENTS. 75 of internal improvements been confined in its operation to the state of New York. He has never failed to cherish a deep interest in whatever was adapted to increase the busi- ness advantages, and promote the permanent welfare of the people in every portion of the Union. In a recent speech in the senate, while advocating a railroad to the Pacific ocean, he thus reviews the progress already made in internal improvements : — "What are two thousand miles of railroad for the people of the United States to make, who, within eighteen years past, have made twelve thou- sand miles! The railroads which have been made in the state of New York alone have an aggregate length of two thousand three hundred and one miles, exceeding the distance from Lake Erie to the Pacific ocean. And if you add the canals, the chain would reach from the banks of the Hudson river to the shores of the Pacific ocean. The railroads already made in the United States, if drawn out into one lengthened chain, would reach from Liverpool to Canton. The railroads which have been made, and are now being made, in the United States, if stretched continuously along, would more than encircle the globe. Again, I shall be told of the cost of this railroad. And what will be its cost? One hundred millions of dollars. A cost not exceeding the revenue of the government of the United States for two years only — a cost not exceeding the revenue of the federal and state governments for one year. One hundred millions of dol- lars; why, we have offered that sum for one island in the Caribbean sea! One hundred millions of dollars; why, New York city spent one sixth of that sum in supplying itself with water, and grew all the while! One hundred millions of dollars; the state of New York has already spent, in making canals and railroads, one hundred and thirteen millions, and pros- pered while spending it as never state or nation prospered before. That one hundred millions of dollars, if it should never be directly z'eimbursed, will be indirectly replaced within ten years, by the economy -which it would enable us to practise in the transportation of the army, and of the supplies of the army and navy over it, not to speak of the still more impor- tant benefits of bringing the public domain into cultivation, and into in- creased value, and developing rapidly the mineral wealth of California, which ean be only imperfectly realized now, because labor on that side of the continent is worth four dollars a-day, while it is worth but one here. As we write these lines (1854), we see the whole stu- pendous scheme recommended by Governor Seward on the eve of completion, in spite of commercial and political obstacles. 76 THE PARDONING POWER. CHAPTER XII. GOVERNOR, CONTINUED — THE PARDONING POWER — BENJAMIN RATHBUN — JOHN C. COLT — VETO POWER — d'h.VUTEVILLE CASE — THURLOW WEED — REGISTRY ACT. We have already alluded to the exercise of the pardon- ing power by Governor Seward. A.a the subjecl is one of such deep interest, we will here more fully illustrate the principles which guided his course in this respect.' Com- bining a aatural generosity and tenderness of feeling with a lofty sense of justice, he could nol permil his sympathy with the unfortunate to weaken his energy in the execution of laws, which were intimately connected with the order and Bafety of Bociety. He allowed no conviction, ascer- tained to be unjust, to stand on any pretence. \ , insane man who had committed homicide in Rei laer county, under circumstances of revolting cruelty, was induced by the court, the public prosecutor, and his own counsel, to plead guilty to an indictment for murder. He was sentenced to be executed, under an arrangement be- tween them, that, in consequence of thus pleading, the sen- tence of death Bhould be commuted to confinement in the Btateprison for life. The curt and counsel urged the governor to adopt thai course, on the ground thai the pub- lic safety and public opinion both required the confinement of the offender. The governor answered thai a man too insane to be exei uted was too insane to be imprisoned for life, and discharged the offender al once. No woman, nol abandoned to vice and crime, was Buf- fered to endure the full punishmenl prescribed by the law. * 9m \ ol. II., p. 616. BENJAMIN RATHBUN — JOHN 0. COLT. 77 And it must be a pleasant recollection to Governor Seward, that in no instance was a woman so pardoned ever after- ward convicted of crime. Juvenile delinquents were par- doned for first offences not very atrocious. But, in these cases, preliminary arrangements were made through the agency of their friends, for their removal from the scenes of their temptations, and their establishment in pursuits favorable to their reformation. The possession of social advantages, instead of aiding offenders to procure pardon, was always regarded as an objection. On the other hand, great allowance was made for ignorance, orphanage, or social neglect, as presenting incentives to crime. In the well-known case of Benjamin Rathbun,* whose forgeries were understood to have amounted to the sum of one million five hundred thousand dollars, pardon was ear- nestly demanded on the ground of extenuating circum- stances, and the social position of the criminal. His case was warmly pressed. Petitions for a commutation of pun- ishment were signed by more than ten thousand persons, of all parties and ranks. But, dosing his eyes to every consideration but the claims of justice and the integrity of the law, and believing their vindication, in such a case, to be highly important, Governor Seward steadfastly refused all entreaties to extend pardon, although urged by strong political and personal friends. At the same time, pardons were granted to ignorant and obscure persons who had committed forgeries and larcenies for trivial amounts, un- der the excuse of absolute want, in their own case, or that of their families. The discrimination against John C. Colt,f whose case excited deep interest at the time, pro- ceeded upon similar grounds. Nor did Governor Seward allow the pardoning power in his hands, to become converted to purposes of oppression. It is gratifying to know, that while the popular approbation * Spe Vol. IT., p. 630. f See Vol. IT., p. 646. 78 EXECUTIVE CLEMENCY. ofhis administration in other respects, owing generally to political rancor, was delayed until the prejudices and pas- sions of the day had subsided, no such delay occurred in regard to his conduct in the matter of pardons. His a in this department of his duty, generally received Lmmedi and wide-spread commendation. J hit whal probably was esteemed by him as more important, was the approving I timony of his own mind. We can hardly conceive of a higher pleasure than he musl have experienced in writing the following Letter to Catharine Wilkins (a convict he had pardoned), unless it was surpassed by his satisfaction in learning how effectual the Letter had been in Baving her to whom it was addressed. i 1 >i partm] n i, May 1. l - rand Larceny and have been adjudged (<• p imprisonment in the Btateprison for three years. Fou were made known t.i benevolenl individuals in this city by your crime and t! quent trial upon it. entlemeo have made unsparing exertioi il name and history and to call your distant friends to .til. 'I'll.-.' friends when informed of your unhappy situation have onlj 1 that t!.' humble to any influence in your behalf and to ■ • n to eisil y<>n in your distn --. \\ batever willing- ight have had t.> interpose for your relief you musl !>•• aware that it 1, utal, ifil "ather to be l ted as providential, that those gentlemen were moved t . > -..licit that int. Bui you ought also t>> understand thai executive interfer< by no means to have . 'ii ii | M,n Buch solicitation a- baa | r \ tiled in your behalf. \ • r\ ii :! j applications 1. made t" me for pardon after conviction and before the sen ten< irried in' on. I have granted i under such circui led thai the conviction anji i ou are pardoned. Iii- firsl exposure t ■ . the law ; ire a woman and a Btranger, and if may in charity be believed that your virtue would have resisted temptation had net want and seduc- tion combined t-. ;r ruin. If confined t < • a Btateprison your name would !>•• irretrievable and t!. I > which yon would I"- ex- 1 would forbid all hope >'t" reformation. I have though! it my dul •mpany the pardon u<>w tr< to you with my advice that ymi r>- turn as b] lily as possible to your nged and afflicted mother: thai tify this extraordinary act of rcy by humble and | duitj in domestic duties which i- the only ••'. jain the r< »pe -i and coofid< of your friends and neighbors. Ii you will do this yon will <• JAMES WATSON WEBB. 79 tion to the hearts of your parents and I shall have the satisfaction of know- ing that I have not done injustice to the public in yielding, for once, to the impulses of sympathy. To Catharine Wilkins. A gentleman who had interested himself in this case in passing through New Jersey, recently, found this young woman there enjoying the entire respect of the community. She drew the governor's letter from her bosom and said that its advice had saved her from ruin and that it had never been for one moment out of her immediate possession. Governor Seward no doubt enjoyed a similar pleasure in the surprise exhibited by a slaveholder, who applied for the pardon of his slave, convicted of crime in New York, and sent to the stateprison at Sing-Sing. The master urged his petition on the ground that it would relieve the state of the expense of the slave's imprisonment ; and he present- ed the record of a case where a slave had been thus par- doned by one of the governor's predecessors. Governor Seward answered that notwithstanding the precedent, he did not think it right to pervert a power intrusted to him for purposes of humanity, to accomplish an act of oppression. The same independence of character was manifested in the case of James Watson Webb.* Colonel Webb had fought a duel with Hon. Thomas F. Marshall, in the state of Delaware, and was convicted under a law of this state, passed as early as 1817, and sentenced to the stateprison. There had been no attempt to enforce this law, except in two cases which occurred immediately after its passage, and in these instances, the offenders were pardoned by the gov- ernor who then filled the executive chair. Afterward the law became obsolete, for want of public opinion to sustain it. Duelling was still practised in the state of New York, notwithstanding this law was on the pages of the statute- book, and that too by men enjoying the highest distinctions and honors, including De Witt Clinton himself. It is easy * See Vol. II, p 661. 80 THE VETO POWER. to see that if the offender in the duel with "Marshall, had been a political editor opposed to Governor Seward, the enforcing of the conviction under such circumstances, would have been regarded as an act of personal and political re- taliation. Xo one can suppose he would have enforced it under such circumstances. Bui ( Jolonel Webb, the offender in this case, was a personal and political friend of Gover- nor Seward's, and his editorial controversies had made many relentless enemies. Colonel Webb having, like many other-, made himself liable to the penalties of this law, probably without being aware of its existence, those ene- mies, unconscious, without donl he motives which in- fluenced application of the . in this insta] that he wa "fa friend, what all men who knew his impartiality and magnanimity, would h;t\ icted him to no toward an adversary. Be par- doned Colonel Webb. In the case of Rathbun, he would not pardon, I . among other principal reasons, the offender had moved in high circles and had powerful friends. In the case of Webb, he pardoned notwithstanding In- <>c- cupied an elevated position and was surrounded by influen- tial friends. In both instances In- Bhowed hi- coolness and courage in resisting popular clamor, when satisfied that justice demanded such resistam . ernor Seward's principle- in the exercise of tin- veto power, may be learned by reference to his messages* deliv- ered on the several occasions when he assumed it.- exercise. The D'Hauteville i ill serve as an illustration. A lady of large wealth, a resident of Boston, while trav- elling in Europe, had married a French gentleman, by name of D'Hauteville, o ectability than of for- tune. One child was the fruit of this connection. She sep- arated from her husband, and returned to America, in L840, bringing her child with her. I >d [auteville appeared in Qos- Vol. I!.. !•:•. THURLOW WEED. 81 ton, and demanded her return to Europe, insisting, in case of refusal, on the custody of his child. The friends of the lady, designing that she should take refuge in the state of New York, procured a hurried passage of an act by the legislature of this state, then in session, providing that where an American woman should be married to a foreigner who should propose to require her, with his children, to re- move to Europe, the court of chancery should have the power to interpose and take charge of the children and their fortune. A veto from Governor Seward arrested the passage of this bill,* upon the ground that no nation could wisely or justly make a discrimination in its laws regulating parental or other domestic relations, on the ground of the alienage of either of the parties — a decision the wisdom and soundness of which few can doubt. With the return of an opposition to the legislature, came, of course, a desire for the benefits to be derived from the enjoyment of the state printing. An act was passed re- moving Thurlow Weed from the office of state printer, which he held, under a contract authorized by law. Governor Seward interposed his vetof promptly, on the ground of the inhibition, in the constitution of the United States, of the pas- sage of laws by the states impairing the obligation of contracts. But while he thus exercised the veto-power to arrest in- considerate and unconstitutional legislation, he declined interfering in cases of pure legislative discretion, as has been seen in his action on the New York registry bill, and in his consent, against his own opinions, to the act of 1842, suspending the public works. In such cases, however, he insisted on the right of stating the grounds of his qualified approval of bills, in the message communicating the execu- tive assent. It must be left to impartial public opinion, free from the bias of temporary excitement, to decide between him and the legislature, on their refusal to receive such messages and enter them on their journal. J * See Vol. II., p. 374. f See Vol. II., p. 426. % See Vol. II., p. 41 1. 4* 82 FUGITIVE SLAVES — JURY-TRIAL. CHAPTBB XIII. GOVERNOR, CONTINUED LA VERT — FUGITIVES — JURY-TRIAL — VIRGINIA CONTR( —COLORED 70TERS — KIDNAP- PING — NORTHRUP CASE — ELEl TION OF 1840 — HENRY CLAY — POLITICAL A.FFAIRS — BENOlflNATION DE< LINED. In his administration of the Btate government, Governor ard took a firm and dignified attitude againsl the insti- tution of slavery. He labored to clear the Btatute-bo of every provisiou which authorized holdings mau in bL in any form, or on any pretext. His devotion to the principles of freedom at length accomplished the work which had been bo nobly commenced by the admirable Btatesman John Jay, in 1795. The law, which permitted a master, travelling through tin i with his slaves, to retain them for the Bpace of nine montl . repealed through his in- fluence. It was this repeal by which the slaves in the cent Lemon case, who had l n brought from Virginia I i v York, in order to be Bhipped to Texas, w saved from perpetual bondage. Governor Seward also procured the pt of an ad by the legislature, allowing the benefit of a jury-trial to per- sons claimed as fugitive Blaves. He defended this right with his usual fervid eloquence, and it was mainly through that it was incorporated in the policy of the Btate. At a subsequent period, when the fugitive-slave bill was de- bated in the Unit 5 senate, I >red to I sim- ilar proA ision engrafted in its details. An act was al o passed, at his instance, prohibiting*state ►era from participating in actions for the recovery of fu- ive slaves, and denying the use of the public jails foi UNIVERSAL SUFFRAGE. 83 their detention. He held that these were actions under the constitution and laws of the United States, and should, therefore, be executed only by the United States marshals and judges in United States courts, and that imprisonments they might order should be in United States prisons, if such could be found. Although the supreme court of the United States pronounced these laws to be unconstitutional, they were clearly founded on the eternal principles of right and justice. They will form an enduring memorial of the wise humanity of Governor Seward, and of his heartfelt devo- tion to the spirit of freedom, as embodied in the Declaration of Independence. It was through his agency, moreover, that a law was enacted, in 1840, for the recovery of free colored citizens of New York who should be kidnapped into slavery. This law authorized the governor to employ an agent for the aid of such persons, securing their restoration to liberty. It was under the provisions of this act, that H. B. Northrup, Esq., of Washington county, New York, in January, 1853, procured the liberty of Solomon, a colored man, long a member of his family, who twelve years ago. had been in- veigled to the city of Washington, and there kidnapped and sold into slavery. Among Governor Seward's last official recommendations to the legislature, was an amendment of the constitution of the state, by which the freehold qualification required of citizens of the African race, as a condition of exercising the right of suffrage, should be abolished. He based this rec- ommendation on the principles of natural justice. And he urged the necessity of granting the right of suffrage to ev- ery class of persons subject to the laws of the state, and the safety with which it could be thus extended where a system of universal education had already been established. It is to be regretted that on the revision of the constitution, in 1846, this recommendation was found to have anticipated public sentiment for an indefinite period of time. But that 9 1 TIIK VIRGINl \ CASE. Governor Seward's recommendation on this point will yet be adopted and incorporated into the constitution of the state, there can not be a doubt. The course of Governor Seward in regard to these meas- ures was an agreeable Burpriae to the abolitionists, who had failed to obtain any pledge from him daring the preliminary canvass. His noble position in the " Virginia case" was adapted to win the admiration of every lover of freedom." The outlines of this case may be briefly given as follows: In L839, a vessel from Norfolk, Virginia, on arriving near the porl of X'-- 5Tork, was found to contain a -lave, who had Becreted himself in the hold. He was taken and con- vey k to bondage. Three colored seamen belonging to the vessel, who had expressed their sympathy with the fugitive, were charged with having conveyed him out oi bealth. Alli«la\ it- were made to thai effect in Norfolk. A requisition, based on these affidavits, was made by the lieutenant-governor of V irginia upon the governor of New York, for the surrender of the accused, in accordance with the pr<>\ institution of the United States, and tl; I of L793, concerning fugitives from justice. 1 [uisition uted to < Governor Seward, the parties had been I in the city of New York : but, having been bn >efore Robert II. M<>; s corpus, w discharged by him on the ground of the insufficiency of the affidavits to justify tfa intion. Thelieutenai srnor of \ irginia, i the requisition, demand- ing that the gov< f New York should surrender pen fugitives from justice. Governor Seward replied that they had been discharged from arrest in due course of law. and that the affidavits in Bupport of the requisition w informal and insufficient. At ae time, he admitted that thee affi splaced by new affidavits, or a forma] indictment. Disdaining, however, to Btand upon ' Vol. II., ■ 1 ''•. FUGITIVES FROM JUSTICE. 85 mere light technicalities in so grave a case, he met the ques- tion on the broad and universal principles which it involved. He took the ground that the crimes contemplated by the constitution of the United States, in its provisions authori- zing the demand of fugitives from justice, between the sev- eral states, were not such crimes as depended on the arbi- trary legislation of a particular state, but such as were mala in sese — crimes which could be determined by some com- mon standard, as the concurrent sense of the several states — the common law received by them all alike, or the uni- versal sentiment of civilized nations. No state, he argued, could force a requisition upon another state, founded on an act which was only criminal through its own legislation, but, compared with general standards, was not only inno- cent, but humane and praiseworthy. Thus, the aiding of a slave to escape from bondage was in itself an act of virtue and humanity. No statute could pronounce such an act a crime, without a perversion of both reason and justice. Still further, though slavery was left by the constitution of the United States to the exclusive jurisdiction of the states where it existed, it was carefully excluded from federal recognition. Hence no state was bound by the constitution to recognise slavery or any of its incidents in another state, so as to create an obligation for the surrendry of persons charged with offences in violation of laws enacted by slave- holding states for the maintenance of slavery. This rea- soning was applicable to all cases, and not alone to those which grew out of slavery. By the laws of New York, for instance, as in several other states, there was no legal im- prisonment for debt. But in Pennsylvania this barbarous custom was still sanctioned by the laws: hence, in that state, resistance by a debtor to a civil officer charged with process was a felony. The governor of Pennsylvania had made a requisition on Governor Seward, under the federal constitution, for the surrender of a citizen of New York, indicted in Pennsylvania, for resistance to a sheriff charged 86 THE VIRGINIA CONTROVERSY. with an execution against his person. Governor Seward refused to comply with the requisition, on the principles be- fore stated. While the decision was acquiesced in by the Btate of Pennsylvania, Virginia withheld its assent in the presented from that state. A correspondence ensued, which continued during the whole of Governor Seward's administration. The Legisla- ture of Virginia appealed from the governor to the Legis- lature of New York. The public mind was profoundly moved by this novel and important discussion. Although not made an affair of strict party division, the whig Legisla- tures of New Fork, more or less explicitly, sustained the position of the governor. rpnn the election of an opposition Legislature in L842, the assembly took a different ground, and requested Gov- ernor Seward to communicate their opinion to the Legisla- ture of Virginia. In a firm but re I manner, he de- clined i" comply with the reque The soundness of his views on this subject received a Btriking illustration in sub- sequent requisitions by tin- governors of Louisiana and >rgia, demanding the Burrendry of fugitive slaves on the most frivolous pretexts a- fugitives from justice ; in one case, on the indictment of a female-slave for Btealing the gown on her back, valued, by the grand jury \\ ho found the indict- ment, at twelve and a half cents: and in the other, on the indictment of a person for Btealing a female-slave from her master, and Btealing the calico dress and trinkets worn upon her person, when the entire transaction consisted, at most, in bis persuading the Blave to make her escape from bondag >. The state of Virginia, combined with other Btates, sorted to retaliatory measures designed t<> injure the com- merce of New York. But this produced no change in the decision of Governor Seward, nor in public opinion, con- ting the controversy. The judgment which will ulti- * - M Vol. It | IMPRISONMENT OF COLORED CITIZENS. 87 raately be passed upon his conduct in this affair, by the moral sentiment of mankind, is indicated in the construc- tion placed by the British ministry on the article of the recent treaty in regard to the extradition of fugitives from justice — an article of similar purport to the extradi- tion article in the federal constitution. It was stated by them in the house of commons, that they should not deem themselves bound to surrender any person charged with a crime which should appear to have been committed by the offender in effecting his own escape, or that of another from slavery. In connection with this subject, it may be added that Governor Seward always maintained the uncon- stitutionality of imprisoning colored citizens of the free states in the slaveholding states, when not charged with actual crime. In case of such imprisonment of citizens of New York, he employed agents at the expense of the state to obtain their restoration to freedom. The condition of Governor Seward's private affairs, which had been affected by the general depreciation of property incident to the financial embarrassment of the country, made his acceptance of a re-election in 1840 a matter of personal sacrifice. But it was deemed necessary by his political friends. His own mind regarded the subject in a different light. He had been elected by a diminished ma- jority. Several hundreds of whig votes were given for other candidates. To him this was a proof of dissatisfac- tion on the part of no inconsiderable number of persons ; many had been disappointed in their hopes of office ; others were alienated by his devotion to reform ; his policy in regard to universal education was greatly misapprehended : all these causes led him to doubt whether a division of the party would not be produced by his remaining in the exec- utive chair, although no one, in fact, ever possessed a stronger hold on the confidence of a great political party than he did at that moment. Besides, Governor Seward foresaw, more clearly than many of his friends, the progress 8S PRESIDENTIAL CANVASS — MR. CLAY. of reaction in regard to internal improvements. The op- ponents of the policy were rapidly gaining ground ; it would be necessary, at another election, to present a candidate to the whig party against whom there was no considerable prejudice. Accordingly, in January. 1841, Governor Seward announced his determination, under no circumstances, to again become a candidate for the exec- utive office. The announcement took the public by sur- prise, e8] tally as ii was math' at a time when he was irded as having triumphed over all opposition, and gained a firm footing as a Leader of the whig party. Bis last annual message was considered the ablest official pro- duction of his pen. Nor is it too much to say that few, it' any, abler documents have ever issued from the executive chair of New York. The election of < reneral Harrison in L840, who had I □ nominated for president, in preference to Mr. clay, on the ground of superior availability, induced the frierids of the Latter distinguished Leader to belii I he would have been successful if he had r< ived the Domination. This conviction, which became almost universal, produced a tied determination to Becure Mr. Clay's Domination for the canvass of L844. The policy was to foreclose the question by popular movements throughout the United States as early as tii« i Bpring of I s !_\ Governor Seward did uot assent to the wisdom of the plan. II" yielded his prii views, however, to the prevailing sentiment of the whig party. But he could not be persuaded to place himself al the head of the movement, with the prospect of a renomi- natioD for governor. On the contrary, he frankly pointed out to his friends the n . The question of the annexation of Te^ argued, had be- come inevitable. Under the excitement produced bj discussion, the anti-slavery interest had grown up in the state, from one thousand in l v; >. to two thousand live *Seo Vol II., p. -07 LUTHER BRADISH — WILLIAM C. BOUCK. 89 hundred in 1840, in opposition to General Harrison and himself, neither of whom was regarded with special preju- dice by the political abolitionists. It was more than prob- able that the premature nomination of Mr. Clay, who was already severely censured by the abolitionists, would in- crease their vote at the state election of 1842, from five thousand to fifteen thousand, at the expense of the whig party. This would insure the loss of the state to the whigs, as well as of the presidential election of 1844. Other counsels, however, prevailed. Governor Seward persisted in declining a renomination. Mr. Clay was the avowed candidate of the whigs for the presidency. The result was the increase of the abolition vote to sixteen thousand. The whigs were accordingly defeated. Their candidate for governor, Hon. Luther Braclish — a man of unexceptionable character, well known to the public, and universally popular — lost his election by a decided vote.* On the last day of Governor Seward's second official term, his accounts with the treasury were definitely settled ; and on the first day of January, 1843, having occupied the executive chair four years, he introduced his successor, Gov- ernor Bouck, to the people of the capitol, exchanging with him appropriate courtesies on the occasion of his inaugura- tion. These courtesies, so well adapted to allay animos- ities and to cultivate a better tone of feeling, were at that time without precedent. They made a favorable impres- sion upon the public mind. With that successor, and all others in the executive chair, of whatever politics, Gover- nor Seward maintained relations of mutual respect and personal friendship. Hoav strong a hold his benevolent action, during his official term, had taken upon the classes most generally overlooked, neglected and oppressed, may be seen by refer- ring to his replies to letters and addresses elicited by his retirement. f * The majority for Wi liam C. Bouck was 22,000. f See Vol. III. RETIREMENT FROM OFFICE. 90 CHAPTER XIV. PRIVATE LIFE — JOHN QUINOY ADAMS — PROFESSIONAL LA- BORS — PATENT CAUSES — FREEDOM OF THE PRESS — FUGI- TIVE SLAVE CASE — O'CONNELL. On retiring from his official duties, Governor Seward returned immediately to his residence in Auburn. In one week's Bpace of time, he w ged with as much calmness and assiduity in his profession, as if he had never in removed oul of it. Saving enjoyed the honors of the highest post in his nati e state, to the full satisfaction of a noble ambition, and in a manner to leave the deep impr of his character on its laws and institutions, he was not only content, but anxious to turn again to the calls of a profession, which he ever pursued with all the ardor of an amateur. In 1843, Governor Seward, in his retirement al Auburn, had the gratification of a visit from Ex-President John Quincy Adams, between whom and himself the most inti- mate relations of friendship had long existed. The meet- ing wag if great cordiality and affection. H has been id, and we believe with truth, that on thai, as well as on other occasions, Mr. Adams expressed his confidence that the great work of human rights, which he would be obliged to leave unfinished, would devolve more completely on Governor Seward than on any surviving statesman. Thus far, at least, that expectation, bo honorable to Goven Seward, has not been disappointed. His published works tain fragments of correspondence between Mr. Adams and Governor Seward, together with orations and bj i EULOGY ON JOHN QUINCY ADAMS. 91 by the latter, which, while they illustrate his own reverence for Mr. Adams, have been regarded as presenting their distinguished subject in his just attitude before the world. On the occasion of Mr. Adams's death, Governor Seward was invited by the legislature of New York to pronounce a eulogy* on his character and services. It was one of the most faithful and eloquent of the numerous discourses which were prepared on that great national bereavement. Its closing sentences, instituting a comparison between the death scenes of Napoleon and Adams, are scarcely sur- passed in pathetic eloquence by any modern production. Believing that a popular biography of that eminent states- man would be more useful, in disseminating and inculcating his principles, than any other contributions that he could make to his memory, Governor Seward applied himself to the preparation of such a work. With the aid of a com- petent friend,! it was brought out in 1849, in the midst of many absorbing professional engagements. The author's expectations were fully realized. More than thirty-two thousand copies of the work have been already published, and its circulation has been continually increasing. At the annual commencement of Union College in 1843, Governor Seward was invited to deliver the address before the Phi Beta Kappa Society, of which he is a member. He accepted the appointment, and took for his theme, " The Elements of Empire in America."! The address was wor- thy of his manly and vigorous intellect, and his extensive literary attainments. It presented a comprehensive view of the resources of the American Union, and pointed out the grandeur of its destiny, under the principles of justice and freedom on which it was founded. By special invita- tion, he repeated the address at the commencement of Am- herst College, the same year. During the ensuing six years, Governor Seward devoted himself to the duties of his profession with brilliant and * See Vol. III., p. 75. f Rev. J. M. Austin. % See Vol. HI., [<■ II. 9'2 FORENSIC ARGUMENTS — INVENTION. growing success. At first, his practice was confined to the various courts of the state, in which he received liberal re- tainers for his services. Afterthe lapse of about two years, however, his peculiar aptitude for subjects involving scien- tific and mechanical principles gained him a large and lucra- tive practice in the trial of patent cases in the United States courts. He was thus brought into contact with the most distinguished jurists of the country, whom his breadth of intellect and sound legal learning enabled him to meet on equal terms, [none of his arguments he discusses the bud- ject of invention in the following eloquent language: — "There are two great principles of activity, in regard to the world. One is :,. tl ther is invention. Creation is the peculiar attribute of Him who made all worlds, .-ill thai is on the earth, in the earth, ami in the waters under the earth, for the md the welfare, and the happiness of our race. H<" created nothing thai is not adapted, fit, find useful in some way, to promote our health, welfare, prosperity, and happiness. II-' made it all, in the counsels <>t' his own will. 1 1 < • Bpoke it into iy a word, but he concealed it from Ids creatures, and made il ry t" Gnd out the purposes, principles, and adaptations, of the things by which he surrounded them. Our duty consists in finding them out, and invention is nothing more than finding out what will promote the j of society, through all time. He has hidden and concealed nothing bo deeply thai we ran not find out, as fast as is best for our welfare and con- sistent with his providence, the uses and purposes of everything. Invention, then, is worthy of the fostering care of every govern- ment. What would Bociety be now, but for the exercise of in- vention in times past I Where lies our hope" of progress in soci- ety, but in tin- exercise of invention for the future I Mope is, in this respect, the spring of youth t<> mankind and to nations. And, in the exercise "1" invention, the world is renewing itself, and becoming wiser and better, as it approaches those latter days when <>ur species will have attained a comparative degree of i fection and exaltation. Wherein consisted the advantage of the Spaniard over the INVENTION. 93 Peruvian and the Mexican, when he subverted the empires of America l It was in this, that the invader had invented the power which resides in the combination of sulphur, saltpetre, and charcoal. Wherein our superiority over the enemy, whom we have recently defeated in the centre of this continent, but that we have rewarded invention ? Look, too, at the dignity of this principle of invention. It stands in contrast with the power of the Almighty. He creates instantly ; man finds out slowly, pro- gressively, laboriously. When you reflect, you will see that there is danger of misapprehension. You have been imagining that somebody made, or created, a railroad-Avheel. But no hu- man being creates. God alone creates. It is our province, wor- thy of the patronage of government, and the highest exercise of human power, to follow the clews which lead us to his designs, with regard to matter, for our happiness and welfare. And what is there wrong in this system ? Society says to all alike, that, if they will devote talent to the discovery of anything which will contribute to the Avelfare of society, they shall have the first en- joyment of it for fourteen years, on condition that they will then publish it for the benefit of the world at large, for this and future generations. If, then, there is an honest thought in your hearts, do not your cheeks blush with shame, not because your country has conferred this benefit, here and there, on a struggling invent- or, but because you are filled with virtuous indignation that Ful- ton sleeps in his grave, while his family are mendicants, and while the production he gave to the world has become the engine of your commerce, the great uniting power that binds your con- federacy together, and is revolutionizing the East, bringing Africa and Asia into the great, fold of the family of civilized man? It is a burning reproach, that he who made the lightning your mes- senger, and bids it carry for you messages of love, and grief, and joy, and triumph, and trouble, is standing here this day, in this court, a suppliant to the laws of the land, to protect him for four- teen years in the enjoyment of that instrument, the effects of which, to benefit mankind, can not be bounded bylines, and will be felt when time shall have ceased to exist " The human race is yet enthralled in ignorance, and to a great degree in poverty and suffering. Society is to be disen- 94 INVENTION. thralled by finding out the properties which God has conferred on matter. " If the merit of invention is so great, it must be a pleasing gratification to Him who organized the system on which human society is established, when he sees one of his creatures so em- ployed. And there must have been a beneficent smile from on high, lighting np a halo round the head of Fulton, when he in- vented a steamboat. No less beneficent must have been the bmile when these ] r and humble citizens produced an inven- tion which would save the loss of human life hi- own. charged with the crime of murder. When he had the pleasure of secu- ring a verdicl which reduced the crime to manslaughter, in opposition to the opinion of the court, he declined to receive any compensation f<»r his successful effort in behalf of the prisoner, although it was tendered by tin- jury, who felt themselves indebted to him for showing how they could rightfully vindicate the laws, and by it Bave a human life- En 1847, Governor Seward was solicited by certain hu- mane p in Cincinnati, with a tender of compensation, to I..- raised by subscription, t<> appear before the Bupreme coin-! at Washington, in behalf of John Van Zandt, who was charged with aiding certain fugitives in an attempt to escape from slavery. Be consented t«> undertake tin- ca >. The argument" which he delivered on this occasion presented a masterly and unequalled analysis of tin- fugitive-slave law of 1793, and the provisions of the federal constitution in regard to the Bubject. It closed with the following earnest appeal to the court : — • • Tl The ad of 1793 is unconstitutional, because, by implication and certain effect, it recognises slavery as a lawful institution, lawfully creating an obligation to Labor, All slavery is an open violation of the personal rights guarantied to the people by the constitution. However true it may In- that, when Ooi nds the institution existing in any Btate, they have no power to Vol I., i FUGITIVE-SLAVE CASE. 97 turb it there — it is clear that they have no right to extend it into other states, or compel such states to recognise , its peculiar code. Such a power is not expressly conferred by the section which has been considered, nor is it implied by any necessaiy or reasonable construction. It is manifestly excluded from that portion of the instrument, absolutely interdicted by others which have been recited, and is at war with the spirit of the whole con- stitution. We need not refer again, minutely, to its provisions to support this argument. Our senses tell us, our happiness as- sures us, our pride proclaims, the graves and glory of our ances- tors, every day and every hour remind us, that we are a FREE people ; and that the constitution is a legacy of liberty ; and, so far as liberty and slavery depend on that great charter, all men are free and equal. If all this be not evidence enough, we can read the same truth in the severe derision we justly excite throughout the world, and the humiliation we can not conceal, when we attempt to justify the toleration of slavery. " For myself, an humble advocate in a great cause, I can not hope, I dare not hope, I do not expect, that principles which seem to me so reasonable, so just and truthful, can all at once gain immediate establishment in this tribunal, against the force of many precedents and the weight of many honored names. But I do humbly hope that past adjudications, by which the constitution was unnecessarily declared to recognise, sanction, and guaranty slavery, may be reconsidered. I appeal to the court to restore to that revered instrument its simplicity, its truthfulness, its harmony with the Declaration of Independence — its studied denial of a right of property in man, and its jealous regard for the security of the people. I humbly supplicate, that slavery, with its odious form and revolting features, and its dread- ful pretensions for the present and for the future, may not receive in this great tribunal, now, sanction and countenance, denied to it by a convention of the American states more than half a century ago. Let the spirit which prevailed in that august assembly, only find utterance here, and the time will come somewhat more speedily, when throughout this great empire, erected on the foundation of the rights of man, no court of justice will be re- 5 98 EULOGY ON O'CONNELL. quired to enforce INVOLUNTARY obligations of LABOR, and up- hold the indefensible law of physical force." The argument also stated most of the important objec- tions now urged against the presenl fugitive-slave Law. In this case, also, Governor Seward declined all compensation. In September of the same year, Governor Seward was invited by the Lrish citizens of the city of New York, to deliver a eulogy on the life and character of Daniel O'Con- ncll.* An immense assemblage of adopted and Dative-born citizens, listened to him with the highest admiration. lake all similar efforts from the pen of Governor Seward, it was a production at once chaste and eloquent, full of historical and classical allusions, with many passages of the most thrilling pathos, and did ample justice to the principles and deeds of the great rrish orator. We give only his beau- tiful exordium : — "There is sad news from Genoa. An aged and weary pilgrim ■u ho can travel no farther, passes beneath the gate of one of her ient pal • y' m g W ' ,,M ]''" us resignation as he enters its silent chambers: 'Well it is G 'a will that 1 Bhall never Rome. I am disappointed, but I am ready to die.' "The 4 superb' though fading queen of the Mediterranean holds anxious watch through ten long days over that majestic asting fran i A.nd now death is there - the Libe- of I i ■• land has sank to rest in the cradle of Columbus. incidence beautiful and most sublime ! It was the very day apart by the elder daughter of the church for prayer and sacri- fice throughout the world for the children of the sacred island, per- ishing by famine and pestilence in their houses and in their native fields, and on their crowded paths of exile, on the sea and in the havens, and on the lakes and along the rivers of this far distant land. The chimes rung out by pity for his countrymen were O'Connell's fitting knell \ his bou! went forth on clouds of in- cense thai rose from altars of Christian chanty: and the mourn- ful anthems which recited the faith and the virtue and the endurance of Ireland were his becoming requiem." . ■!. 111., p. 44 THE WYATT AND FREEMAN CASES. 09 CHAPTER XT. THE WYATT AND FREEMAN CASES MASSACRE OF THE VAN NEST FAMILY WILLIAM FREEMAN WYATT's TRIAL TRIAL OF FREEMAN EXTRAORDINARY PROCEEDINGS. In 1845, a convict of the stateprison at Auburn, Henry Wyatt, was indicted for the murder of a fellow-convict. His attempts to procure able counsel, had failed for want of ability to make the usual recompense. On the day but one preceding his trial, he invoked Governor Seward's interpo- sition for his defence. His appeal was promptly accepted. During the trial, many striking incidents were disclosed, which showed that the crime was committed in a morbid state of mind. The case clearly fell within a class which medical writers designate under the general name of moral insanity. Governor Seward procured, at his own expense, the scientific witnesses necessary to present the case fairly to the jury. He followed in his defence with an argument of great power and pathos. The jury divided and could not agree upon a verdict. His second trial at the next circuit court, was eagerly anticipated, with full confidence that he would be acquitted. This event, however, was destined to become the occasion of difficulties such as few advocates have been called to encounter. After the close of the first trial, Governor Seward left Auburn on a pro- fessional tour to Washington and the southern states. While the case of Wyatt was yet the topic of discussion in Auburn and its vicinity, a singularly revolting occurrence took place, which served to increase the agitation of the public mind. This was the massacre of nearly a whole family by William Freeman, a negro of twenty-three years 100 MASSACRE OF THE VAN NEST FAMILY. of age, who had been six months before discharged from the Auburn stateprison, after an imprisonment of five years. The bloody scene occurred at the residence of John ('. Van -i. a wealthy and highly respectable farmer, and a friend and former client of Governor Seward's, whose house stood in a secluded grove, near the suburbs of A.uburn, on the shores of the Owasco lake. Having armed himself with carefully-prepared weapons, Freeman entered the dwelling at ten o'clock al night, and Blew Mr. Van Nest, his wife, then pregnant, a child Bleeping in Its bed, and the mother- in-law of Van Nest, Mrs. Wyckoff, an aged woman of sev; enty. The hired man. who came to the defence of the fam- ily, was severely injured and left for dead. The murderer, being disabled by a wound from old Mrs. Wyckoff, desisted from further violence, and made his escape. Taking a horse from the Btable, he rode him a fe^ miles, when lie kbbed the animal, which had become incapable of travel- ling. He then stole another horse, which proved to be more fleet, and pursuing his flight, rode to the house of a relative about thirty miles from Auburn. There he offered the horse for ad proposed to take up his residence, until he should recover from hi- wound. He was traced an«l arrested, in a few hours, and brought back to the scene of butchery, and into the presence of the surviving witnee On being questioned, he at once confessed the crime, not only without apparent remorse or horror, but with frequent and irrepressible fits of laughter. The public indignation was cited al this awful tragedy, thai it required all tlif dexterity of the police t.. keep Freeman from being torn to pieces on the Bpot. He was al Length committed to the . by a successful ajem, but the crowd could with difficulty I ented from forcing the doors. Thej were • I only by the assurance of one of the judges of the county, thai Freeman should be tried and executed, and it i hi* \-i' should be no plea of insanity and "no Governor : to defend him.'* WYATT AND FREEMAN — EXCITEMENT. 101 None of the usual motives appearing on the part of Free- man for the commission of such a desperate act, it was ru- mored that he had been present during Wyatt's trial, and had learned" from the argument of Governor Seward that responsibilities lor crime might be avoided on the ground of insanity. This became the popular explanation of the hor- rible catastrophe. The public feeling ran high against Governor Seward. Even threats of personal violence were openly made. The excitement became so intense, that when he returned from the south, his family and friends were surprised that on reaching the depot at Auburn, he was permitted to pass to his residence without outrage. In this state of affairs, the governor, Silas Wright, was induced to issue an order for a special term of the court of oyer and terminer, to be held at an early day, by Judge Whiting, to dispose of the cases both of Wyatt and Free- man. During the interval, public tranquillity was restore' d by the assurance of Governor Seward's law-partners, while he was absent, that he would not engage in the defence, it being well understood that no other advocate would con- sent to give his services to so odious a cause. Governor Seward was unmoved by the tempest of excite- ment around him. With characteristic courage and calm- ness, he proceeded to examine the subject, as a philanthro- pist and lawyer. He felt as keenly as any one, the enor- mity of the deed. But impelled by a strong sense of duty, he was determined to look thoroughly into the case of the wretched negro. At his solicitation, accordingly, three in- telligent and humane citizens of Auburn made several visits to Freeman in jail. They reduced their conversations with him to writing, and submitted them to Governor Seward's inspection. The result of the investigation, together with other facts which had become known to him, convinced him that whatever was the condition of Freeman's mind prior to the homicide, he was then sunk into a state of dementia, approaching idiocy. 102 TRIAL OF WYATT. The court began with the trial of Wyatt. Governor Seward, aware of the intense and aggravated excitement which prevailed, applied for a postponement of the case, but without effect. A week was consumed without finding a single impartial juror. The attorney-general, John Van Buren, was sent for, with haste. On his arrival, the court reversed the principles by which the trial of jurors had ever been conducted, as Laid down by Chief-Justice Mar- 11, and adopted a standard thai permitted jurors to be sworn although they confessed to a bias, or an opinion formed of tin' prisoner's guilt. The obtaining of a juror, even under this unprecedented decision, was regarded as a triumph, in a controversy in which not only the people of Auburn and its vicinity, but of the whole Btate look sides for or again -i Goi em ard. A trial conducted under such circumstances, could have Inn one result. At the expiration of a month, Wyatl was convicted and sentenced to be executed. Moral insanity ar as the verdict of a jury could go, judicially abolished. G ir ' Seward devoted four weeks of unin- upted Labor to thi , without the slightest pecuniary compensation, and at an outlay of uo small Bum from his own pocket. 1 The Freeman i ill remained to be disposed of. It c: n immediately after the conclusion of Wyatt's trial. immens mblage had convened in the courthouse ai A.uburn, to witness the opening of the case. Until thai moment, it was not known whether Freeman would have any counsel. It was supposed the court would assign him ■• Wyatt, after receivin tenee, anxious to nffonl (iuvenioi- So\vnr«l narrate hie "lit"-" (>>v publication, the profits ind it waa taken down for that purp< "ii examinatio found to be of doubtful moral bearing and influ- I on thai account., I - ward refused to permit its publica- tion, or participate in any profits arising therefrom. A spurious copy, bow- afterward surreptitiously obtained, nnd brought oul in a pamj ; which yielded o nel profit of sis hundred dollars to the publisher. TRIAL OF FREEMAN. 103 some junior member of the bar; but it was considered doubtful if one could be found of sufficient nerve to accept the appointment, and attempt even a formal and weak de- fence. The excited multitude were not backward in loudly propounding the inquiry, " Who will now dare come for- ward to the defence of this negro ?" — " Let us see the man who will attempt to raise his voice in his behalf!" Nor did they hesitate in uttering threats of vengeance against any member of the bar who would plead the case of so vile a wretch. But there was one seated within the bar in that crowded court-room, who heeded not these menaces. A being in human form was in distress and peril before him. He asked himself, " What does humanity and duty require at my hands, in this case ?" And having received from con- science a prompt and decisive reply, he unhesitatingly pro- ceeded to the labor thus enjoined upon him, without delay- ing to consult interest, or popular favor, or any of the consequences that might ensue. In vain family, personal and political friends, influential citizens, and members of the bar, besought him not to interfere, and call down upon himself the indignation of the populace. In vain was he reminded of the long, weary, and expensive trial to which he had just devoted himself, to the neglect of professional engagements, and the peril of health — in vain was he fore- warned of the still more tedious, costly, and exhausting nature of the present case, should he engage in it. A high- er law and a louder voice called him to the defence of the demented, forsaken wretch, who stood insensible of the vengeful gaze of a thousand eyes, and he felt that he had no alternative. , . Freeman was arraigned on four indictments for murder. When asked whether he pleaded guilty to the first indict- ment, he replied, "Yes!" "No!" "I don't know!" — " Have you counsel ?" was the next inquiry. " I don't know," responded the prisoner, with a stupidity which as- tonished even those who were most eager for his death. lOi COUNSEL FOR FREEMAN. ? Will any one defend this man?" inquired the court. A th-like stillness pervaded the crowded room. Pale with emotion, yet firm and unflinching as steel, < rovernor Seward, to the amazement of every person present, arose and Baid, "May it please the court, 1 appear as counsel for the pris- oner!" Ii would I"- impossible to describe the excitement which followed this announcement, or the threatening dem- onstrations which it called forth. David Wright, Esq., of Auburn, a well-known lawyer and philanthropist, volun- counsel in defence of Freeman. The atto eneral, John V;m Buren, conducted the prosecu- ernor Seward presented to the courl in bar of a trial, thai the prisonerwas then insane, [ssuewas taken on this plea, and a trial was directed by the court, on the question of Freeman's insanity at that time. After protracted ef- forts Bimilar to those which took place in Wyatt's case, a jury was empanneled to try this preliminary question, hat y were already evidently fixed in their convictions of sanity and guil! of the prisoner. ernor Seward's political party, throughout the Btate, shrinking from the unpopularity in which be had involved himself,iua proceedi ally denounced by the pn indoned him. While these proceedings were pending, the del to the convention called to revise the consti- tution of the Btate of New 5Tork, assembled at Albany. The whig party was buj tompromised by Gov- ernor Seward's known bias in favor of extending the right of suffrage to the colored population. The result of the election of delegates had been an overwhelming defeat of the whigs. The exclamation was universal, that whatever might be the fate of the whig party hereafter, Governor Seward wa tually lost. Still lie did not falter, but Rternly persevered in what he ntiously believed to be the line of his duly, and \ ■ \ i bod • i in these i ransactions, i his THE FREEMAN CASE. 105 client, who was calm and unmoved. The trial on the ques- tion of the prisoner's sanity, continued two weeks, and was contested by Governor Seward with an energy, persever- ance, and skill, that drew plaudits from his most violent opposers, and that could not have been exceeded had mil- lions of dollars depended on the issue. His argument at the summing up, for eloquence, pathos, sound legal views, and thorough knowledge of human character, has rarely been excelled at the American bar. At length, when the jury retired, it was at once found that eleven were agreed that the prisoner was sane. The twelfth declared his un- changeable opinion that Freeman, although sane enough to know right from wrong, was yet so unsound in mind as not to be responsible for his actions. The disagreement and discussion in the jury-room being privately communicated to the court, information was returned to the jurors that the verdict would be accepted, although it gave no direct response to the question at issue, and was couched in equiv- ocal language. They accordingly brought in the following verdict — " We find the prisoner at the bar sufficiently sane to distinguish between right and wrong." In an earnest and elaborate argument, Governor Seward protested against the reception of this verdict, as it was illegal, pointless, and irrelevant. But it was pronounced by the court to be sound and satisfactory, and Freeman was forthwith put upon his trial for the murders charged against him. He was directed to stand up and plead to the indictment. But it was evident to every spectator that the wretched imbecile had not the faintest conception of the nature of an indictment, or of the object of the scenes around him, in which he unconsciously bore*so conspicuous a part. We shall be pardoned for introducing here the following extract from a vivid description of the scene which tran spired at the reading of the indictment, by a clergyman of Auburn, who attended the trial, and was an eye-witness of the proceedings : — 5* 106 TRTAL OF FREEMAN. "The district-attorney (Luman Sherwood, Esq.), with the bill of indictment in his hand, called out — 'William Freeman, stand up.' He then ap- proached quite near the negro, for he was very deaf, and read the indict- ment At the conclusion, the following dialogue ensued: — " Dist. Aft. — Do yon plead gnilty, or not guilty, to these indictments? 11 Freeman. — Ha? "D. A. — (Repeating the question.) " /•:— 1 don'l ki "i>. A. — Arc you able to employ counsel? *'/•'.— N •• /'. A. — Are you ready for trial? •• /•!— 1 don'l know. - '. A. — Bave you any counsel! " F. — 1 don't know. " D. A. — Who ;ii" 3 our i " l\ - I . : n't kn of the proceedii rnor Seward could no longer re- lic buried hie face in hia and bural into tears — and lis hat, he rushed from the court-room, perfectly overwhelmed with his feelin I who thai had but a common Bhare of sympathy, could fail to I"- most sensibly moved at witnet on a sul iwful, allowed b< »f the bighesl tribunals of the land. An in- strument read to this idiotic creat ;nanl with his death, requiring him to respond t.> the -am.-, when the wretched being had not the first glimpn of what it all mc.uit, or v.; I have upon him. 1 >. Wri i Governor Seward on the preliminary trial, after tli the indictment, and declared he could not coi long which had >.» much the appearance of s i>r- But G rS ward (who had returned to the room), irarne- nd exclaimed — 'May it the court — 1 for //" pri 'til his death? At the solicitation of the court, Mr. Wright finally ain to take pari in the cause, and assif I • ward." A.8 the commission of the acts charged was nol denied l>y the prisoner's counsel, the only question a1 issue was hia ity at th«' time of the homicide. Governor Seward la- bored with unwearied assiduity to establish the insanity or dementia of Freeman, of which he was himself satisfied be- yond a possible doubt. At great expense, defrayed by himself, he summoned into couri the mosl eminent medical professors and practitioners from various and extreme parts of the state, whose intelligent and unbiased testimony fully sustained the ground on which be arged the defence. THE ARGUMENT EXTRACT. 107 We can make room here for only a few passages of Gov- ernor Seward's thrilling argument in this case : — "May it please the Court — Gentlemen of the jury : 1 Thou shalt not kill/ and « Whoso sheddeth man's blood, by man shall his blood be shed,' are laws found in the code of that people who, although distracted and dispersed through all lands, trace their history to the creation; a history that records that murder was the first of human crimes. " The first of these precepts constitutes a tenth part of the jurisprudence which God saw fit to establish, at an early period, for the government of all mankind, throughout all generations. The latter, of less universal obligation, is still retained in our system, although other states, as intelligent and refined, as secure and peaceful, have substituted for it the more benign principle that good shall be returned for evil. I yield implicit submission to this law, and acknowledge the justness of its penalty, and the duty of courts and juries to give it effect. " In this case, if the prisoner he guilty of murder, I do not ask remission of punishment. If he he guilty, never was murderer more guilty. He has murdered not only John G. Van Nest, but his hands are reeking with the Mood of other, and numerous, and even more pitiable victims. The slaying of Van Nest, if a crime at all, was the cowardly crime of assassination. John G. Van Nest was a just, upright, virtuous man, of middle age, of grave and modest demeanor, distinguished by especial marks of the respect and esteem of his fellow-citizens. On his arm leaned a confiding wife, and they supported, on the one side, children to whom they had given being, and, on the other, aged and ven- erable parents, from whom they had derived existence. The assassination of such a man was an atrocious crime, hut the mur- derer, with more than savage refinement, immolated on the same altar, in the same hour, a venerable and virtuous matron of more than threescore years, and her daughter, the wife of Van Nest, mother of an unborn infant. Nor was this all. Providence, which, for its own mysterious purposes, permitted these dreadful crimes, in mercy suffered the same arm to be raised against the sleeping orphan child of the butchered parents, and received it into heaven. A whole family, just, gentle, and pure, were thus. 108 THE ARGUMENT — EXTRACT. in their own house, in the night-time — without any provocation, without one moment's warning — Bent by the murderer to join the assembly of the just; and even the laboring man, sojourning within their gates, received the fatal blade bto his breast, and survives through the mercy, not of the murderer, but of God. >r William Freeman, as a murderer. I have no commission to speak. If he had silver and gold accumulated with the fru- gality of and should pour it all at my feet, I would not stand an hour between him and the avenger. But, for the inno- cent, it is my right, my duty to Bpeak. [fthis sea ofhlood was innocently shed, then it is my duty to Btand beside him until hia lose their hold upon the Bcaffold. "' Thou shah not kill' is a commandment addressed, not to him alone, but to me, to you, to the court, and to the whole community. There are n< >m that commandment, at leasl in civil lit': id capital pun- ishment for crimes in the due and just administration of the law. There is not only a i . then, whether the prisoner lias shed the ' lood of w-man, but the ion whether we U unlawfully shed houl I be guilty of murder it', in my present relation, 1 aw tl waiting for an ue man, and tailed t i led t in his behalf, all that my ability allowed. 1 think it has been proved of the bar, that, during all this long and tedious trial, he has had no slc< pl< tld that even in the daytime, when I alls to his lonely cell, he sinks to 1 1 ' like a \ child, i and quietly Blum* bers till roused bj tl. ble with his stall' to appear again before the jury. Hi I enjoy no such repo e. Their thoughts by day and their dreams by night are tilled with op pressive apprehension that, through their inability or neglect, he i lemned. " I am arraigned I • • »n for undue manifestations of I and excitement. My il such charges sliall be brief. When this cause shall have I mmitted to you, I Bhall be happy indeed if ir shall appear that my only error has b< that 1 have felt too much, thought too intensely, or acted too faithfully. " If error on my part would thus he criminal, hov. THE ARGUMENT EXTRACT. 109 yours be if yon should render an unjust verdict ! Only four months have elapsed since an outraged people, distrustful of judicial redress, doomed the prisoner to immediate death. Some of you have confessed, before you came here, that you approved that lawless sentence. All men now rejoice that the prisoner was saved for this solemn trial. But if this trial, through any wilful fault or prejudice of yours, should prove only a mockery of justice, it would be as criminal as that precipitate sentence. If any prejudice of witnesses, or the imagination of counsel, or any ill-timed jest, shall at any time have diverted your attention, or if any prejudgment which you may have brought into the jury-box, or any coAvardly fear of popular opinion shall have operated to cause you to deny to the prisoner that dispassionate consideration of his case which the laws of God and man exact of you, and if, owing to such an error, this wretched man shall fall from among the living, what will be your crime ? You will have violated the commandment, * Thou shalt not kill.' It is not the form or letter of the trial by jury that authorizes you to send your fellow-man to his dread account, but it is the spirit that sanctifies that great institution : and if, through pride, pas- sion, timidity, weakness, or any cause, you deny the prisoner one iota of all the defence to which he is entitled by the law of the land, you yourselves, whatever his guilt may be, will have broken the commandment, ' Thou shalt do no murder.' " There is not a corrupt or prejudiced witness, there is not a thoughtless or heedless witness, who has testified what was not true in spirit, or what was not wholly true, or who has suppressed any truth, who has not offended against the same injunction. " Nor is the court itself above that commandment. If these judges have been influenced by the excitement which has brought this vast assemblage here, and under such influence, or under any other influence, have committed voluntary error, and have denied to the prisoner, or shall hereafter deny to him, the benefit of any fact or any principle of lav/, then this court will have to answer for the deep transgression at that bar at which we all shall meet again. When we shall appear there, none of us can plead that we were insane and knew not what we did ; and by just so much as our ability and knowledge exceed those 110 THE ARGUMENT — EXTRACT. of this wrotcli, whom the world regards as a fiend in human shape, will our guilt exceed his, if we be guilty. "I plead not for a murderer. I have no inducement, no motive to do so. I have addressed my fellow-citizens in many various relations, when rewards of wealth and fame awaited me. I have been cheered <>n other occasions by manifestations of popular approbation and sympathy ; and where there was no such encouragement, 1 have had at least the gratitude of him whose cause I defended. Bui I Bpeak now in the hearing of a people who have prejudged the prisoner, and condemned me for pleading in his behalf. He is a convict — a pauper — a negro, without intellect, sense, or emotion. My child, with an affec- tionate smile, disarms my care-worn fare of its frown whenever 1 cross my threshold. The beggar in tin' street obliges me to ise he Bays, 'God bless you,' as 1 pass. My dm: caresses me with fondness if I will hut smile on him. My horse ignises me when I till his manger. But whal reward, what gratitude, what Bympathy ami affection can I expect here] There the prisoner Bits. Look at him. Look at the assemblage ar.>und you. Listen to their ill-suppressed censures and their excited fear-, and tell me where, among my neighbors or my fellow-men— where, even in his heart — 1 can expect to find the sentiment, the thought, not to say of reward or of acknowl- ment, hut even of recognition -■I Bpeak with all sincerity and earnestness; not because 1 expeel my opinion to have weight, hut 1 would disarm die inju- rious impression that 1 am Bpeaking, merely as a lawyer Bpeaks for his client. I am not the prisoner's lawyer. I am indeed a volunteer in his behalf; hut Bociety and mankind have the deep* esl interests al Btake. I am the lawyer for society, for mankind, shocked, beyond the power of expression, at the scene I have witnessed here of trying a maniac a- a malefactor. In tie-. almost the first of such - 1 have en, the last I hope that I -hall ever -<•.•. I wish that I could perform my duty with more effect. If I Buffered myself to look at the volume- of testimony through which I have to pass, to remember my en- tire want of preparation, the pressure of time, and my wasted Btrength ami energies, I Bhould despair of acquitting myself as vou ami all gbod men will hereafter desire that I -hould b THE SENTENCE OF FREEMAN. Ill performed so sacred a duty. But, in the cause of humanity, we are encouraged to hope for Divine assistance where human pow- ers are weak. As you all know, I provided for my way through these trials, neither gold nor silver in my purse, nor scrip ; and when I could not think beforehand what I should say, I remem- bered that it was said to those who had a beneficent commis- sion, th. at they should take no thought what they should say when brought before the magistrate, for in that same hour it should be given them what they should say, and it should not be they who should speak, but the spirit of their Father speak- ing in them." After a laborious and exhausting trial of two weeks' duration, aided by the abhorrent nature of the crime, the overwhelming popular clamor, and various decisions of the court, subversive in many instances, of established rules in capital trials, the attorney-general succeeded in procur- ing from the jury a verdict of guilty. Governor Seward's eiforts in behalf of the prisoner were thus defeated. But he had faithfully discharged his duty, and the responsibility of holding an insane or idiotic person responsible for his deeds, rested not with him. Freeman was adjudged and condemned as a sane man. Governor Seward had no more to offer in that place, and the court was suffered to proceed in passing sentence upon the prisoner. As in reading the indictment, so in the passing of the sentence, a scene occurred unparalleled, we venture to affirm, in any court of justice. Instead of standing in the dock as is customary, the judge directed the prisoner to be brought to his side upon the bench. The judge then said to him : — ' ' The jury sny you are guilty. Do you hear me V "'Yes,' replied Freeman. "'The jury,' repeated the judge, 'say you are guilty. Do you under- stand?' " 'No,' said t Tie negro. '"Do you know which the jury are?' inquired the court. 112 THE DEATH OP FREEMAN. ■•■ Not' answered the prisoner. " ' Well! they are those gentlemen down there,' continued Judge Whiting, pointing to the jurors in their seats — 'and they say you are guilty. Do yon mxlerstand?' " ' Thev say you killed Van Nest Do you understand that?' ««Y< "•Did you kill Van Nest?' <"~Y "'I ana going to pronouno nponyou. Do yon understand that? "'No.' '•'I am goin to be hanged. Do you understand that P o.'" The prisoner was then led back to the dock, and the judge proceeded to pronounce Bentence of death upon him. This he did in the form of an address read to the audience : thus tacitly admitting, what was evident to every | erson in the immense multitude present, that Freeman knew uol a word he uttered, or the Strang ae thus transpiri Be was conveyed to his cell as unconscious of the senteuce that had been pronounced upon him, as an unborn child. A l.ill . - prepared by Governor Seward, but the judge refi stay of proceedings, li was, how- iqucntl) I by a judge of an appellate court, I in October following, on a full :■ ofthewhol ;t uew trial was granted. Bui Freeman, who had proved himself a monomaniac in the committal of the homicide, now sunk bo low in dementia, that Judge Whiting, bef whom he was tried and convicted, pronounced him incom- petent for another trial, and refused t" proceed with the p, the wretched and imbruted Wil- li:!; ' i from earth to the presence of i wise and merciful Jud A post-mortem examination was made, by the most emi- nent physicians in th . which Bhowed that Freeman's brain was diseased and destroyed. The publication of 1 pernor Sewai I ond argument* in this remarkable Vol. I., p. 109 to I . REVIEW OF THE CASE. 118 case, an effort of the highest and most attractive character, unsurpassed in eloquence, logic, and legal ability, had already wrought a reaction in public opinion, which was rendered complete and universal by this post-mortem exam- ination. Now, there is no one act of Governor Seward's life, for which society is more grateful to him than that of having saved the community from the crime of the judicial murder of Freeman — an ignorant colored boy who had been confined in the stateprison for an offence of which he was innocent, and driven to lunacy by a sense of the injus- tice of his punishment, and by inhumanity in the exercise of penitentiary discipline. Befpre leaving this case, it is due to Governor Seward to insert another extract from an article by the clergyman in Auburn, to whom allusion has already been made, writ- ten immediately after the conclusion of the trial, and pub- lished in the journals of the day. It describes the impres- sion made at the time by the high-minded and humane course of Governor Seward on a class of individuals who did not allow retaliatory Amotions to cloud their judgment, or harden their feelings, against the forsaken creature who committed the dreadful homicide. The sentiments it utters in regard to the part taken by Governor Seward in this remarkable case, we are confident will find a response in every unpre- judiced and humane heart: — "The conduct of Governor Seward in this painful affair reflects the high- est honor upon him. Shocked, horrified, though lie was at the awfui tra- gedy which had been enacted, and which had destroyed a family with whom he was on terms of intimate friendship, yet seeing the blood-stained, wretched negro deserted by all, even those of his own caste and color, and becoming abundantly satisfied that he was an insane, irresponsible being, he nobly volunteered in his defence. Moved alone by the sympathies of his generous soul, and a high sense of duty to the weak and defenceless — in opposition alike to the entreaties of friends ever watchful of his reputation and inter- ests, and the imprecations of an incensed multitude, eager that the blood of a demented creature should be shed — he boldly threw himself between the victim and those who would hurry him in hot haste to an ignominious death! Without fee or compensation of any description, for four weeks he toiled through the sultry hours of the summer day, far into the shades of Ill REVIEW OF THE CASE. nigh! — sparing no time, no strength, no ability — contesting every inch of ground, with an industry, u perseverance, an unyielding faithfulness, that wrung commendation even from those most exasperated against his idiotic client. And all this for -whom? For a negro! — the poorest and lowest of hie degraded caste — and who, though seated directly by his side, did not know that he wae his counsel — was nol even aware that one of the migh- tiest intellects of the age, one of the noblest Bpirits of the world, was taxing his utmost energies in defence <>i his life 1 "In his eloquenl appeal <>n the preliminary trial res] ting Freeman's ttuanity, Governor Seward alluded to the excitement which had been kin- dled against him for the faithfulness with which he defended both Wyatt and Freeman, in the following thrilling passage: — "'In due time, gentlemen of the jury, when I shall have paid the • of nature, my remains will reel here in your mi. 1st, with those of my kin- dred and neighbors. Il ie very possible they may be nnhonored — neglect- ed — spurned! Bui |- rhaps, years hence, when tho passion and excitement which now agitate this community shall have passed away — some wander- ing Btranger >me — Bome Indian — some negro — may erect over them an humble Btone, and thereon this epitaph: "He was faithful I"' ••What Bpeotacle more interesting can be witnessed on earth than was presented on this trial? A statesman of the most commanding talents — win. had received the highest honors the people of hi- native could bestow upon him — one whose well-known abilities call around him crowds of wealthy clients, able to reward his valuable services with streams •Id — turning from all these, at the call of humanity, and going down unrewarded, yea al great pecuniary expense to himself, to the defence of this forsaken, pitiable son of Africa! Unrewarded, did I say? A richer reward than r gold i- bisl Wherever the tidings of this strange trial shall be wafted throughout thi* civilized world, they will carry the name ol ■■ d as a sacred tn asure in the b< arts of all lovers of humanity — of all who sympathize with the degraded and enslaved Ethiopian — of all who pity those whom God has deprived of reason!' 1 An extract from Mr. Se^ ard's argument in this case, con- taining mi enlightened exposition of insanity, \\ ill l><' found long tin' Selections in this voluni THE CONSPIRACY CASE AT DETROIT. 115 CHAPTER XVI. THE TRIAL OF ABEL F. FITCH AND OTHERS FOR CONSPIRACY, AT DETROIT, IN 1851 MR. SEWARD'S DEFENCE. In May, 1851, an announcement was made by the press of Detroit, that an atrocious conspiracy (embracing fifty citizens of Jackson county, in the state of Michigan), for the destruction of the property of the Michigan Central Railroad Company, and an indiscriminate war against the lives of passengers travelling on the road, had been discov- ered, through the activity of agents of that company, and of the police, and that the guilty parties had been suddenly surprised, arrested, and conveyed to jail in Detroit. The accusation took the form of an indictment for arson, in burning the depot of that company in Detroit, and the proof that of a conspiracy for the commission of that and other great crimes. The prisoners alleged their entire in- nocence, and declared that the prosecution was itself a con- spiracy, to convict them, by fabricated testimony, of a crime that had not even been committed. The accused parties denied combination with each other, and even all knowledge of the principal, who was alleged to have committed the crime, and who, as they supposed, had been fraudulently induced to confess it and charge them as accomplices. In applying to be admitted to bail, the sums were fixed so high as to practically deny them that privilege. Public opinion was vehemently and intensely excited against them, by reason of aggressions that had been com- mitted in their neighborhood for a long time, seriously en- dangering the lives of passengers. Among the accused 110 MB. BEWARD'S DEFENCE — EXTRACT. were persons in every walk of life : and, while the guilt of some seemed too probable, that of all appeared to be quite impossible. The ten mosl distinguished Lawyers of Michi- gan were retained, before the arrest, by the railroad com- pany, to conduct the prosecution; and it was said thai ev- ery other counsellor in the city and state qualified to defend them, excepl one, had been induced to decline to appear in their behalf. They applied to Mr. Seward, al Auburn, by telegraph, after the trial had begun, stating these facts, He did not hesitate to appear for men whom the public had prejudg d and condemned, and whom the legal profession, excepl for his going to their aid, would have been deemed to hi abandoned. The were perplexed. The evidence was of a most extraordinary character. Even dow, it ie impossible, on ding it, to decide which was most improbable, the exist- ence of the crime, or the truth of the defence. The trial Lasted four months, and the 1". in a jury-case, thai was ever held. The alleged principal died before the trial began. < me of the chief defendants, and another more •arc. died during its pro Twelve of the fifty de- idants \* J ;. and all the others acquitted. All these circumstam a ther with tin: ability and learning displayed, mark the i - one of the greal state trials of thiscountry. Mr.Seward's argument was published at the time. It reviewed, collated, and condensed the testimony of four hundred witnesses, presenting a very complicated Beries of transactions, private and public. This Bpeech till- more than one hundred pages in th< porl of the trial. To that report we refer the reader, regretting that our limit- allow us t«» present <>nh tin' intro- duction and tli" close of bo elaborate and interesting a >ch : — •• M \v IT PLF ISE THE ( '"I RT — t lENI LEMEN OP THE JUBY : This is Detroit, the commercial metropolis of Michigan. It mr. seward's defence — extract. 117 prosperous and beautiful city, and is worthy of your pride. I have enjoyed its hospitalities liberal and long. May it stand, and grow, and flourish, for ever ! Seventy miles westward, tow- ard the centre of the peninsula, in the county of Jackson, is Leoni, a rural district, containing two new and obscure villages, Leoni and Michigan Centre. Here, in this dock, are the chief members of that community. Either they have committed a great crime against this capital, or there is here a conspiracy of infamous persons seeking to effect their ruin, by the machinery of the law. A state that alloAvs great criminals to go unpun- ished, or great conspiracies to prevail, can enjoy neither peace, security, nor respect, This trial occurs in the spring-time of the state. It involves so many private and public interests, devel- ops transactions so singular, and is attended by incidents so touch- ing, that it will probably be regarded, not only as an important judicial event in the history of Michigan, but also as entitled to a place among the extraordinary state trials of our country and of our times. " Forty and more citizens of this state were accused of a felo- ny, and demanded, what its constitution assured them, a trial by jury. An advocate was indispensable in such a trial. They required me to assume that office, on the ground of necessity. I was an advocate by profession. For me the law had postponed the question of their guilt or innocence. Can any one furnish me with what would have been a sufficient excuse for refusing their demand? * Hoc maxime officii est, ut quisquam maxhne opus indigeat, ita ei potissimum opitulari,'* was the instruction given by Cicero. Can the American lawyer find a better rule of conduct, or one derived from higher authority % " Gentlemen, in the middle of the fourth month we draw near to the end of what has seemed to be an endless labor. While we have been here, events have transpired which have roused national ambition — kindled national resentment — drawn forth national sympathies — and threatened to disturb the tranquillity of empires. He who, although He worketh unseen, yet worketh irresistibly and unceasingly, hath suspended neither his guardian care nor his paternal discipline over ourselves. Some of you * " The clear point of duty is, to assist most readily those who most need assistance." 118 ml:, seward's defence — extract. have sickened and convalesced. Others have parted with cher- ished ones, who, removed before they had time to contract the stain of earth, were already prepared for the kingdom of heaven. There have been changes, too, among the unfortunate men whom T have defended. The sound of the hammer has died away in the workshops of some; the harvests have ripened and wasted in the fields of others. Want, and fear, and sorrow, have en- tered into all their dwellings. Their own rugged forms have drooped; their sunburnt brows have blanched; and their hands have become as Bofl to the pressure of friendship as yours or mine. One of them — a vagrant boy — whom 1 found impris- oned here for a few extravagant words, thai perhaps he never uttered, has pined away and died. Another — be who was feared, hated, and Loved, most of all — has fallen in the vigor of life — ' backed do* d, thick Bummer-leavea all faded.' When Buch a one falls amid the din and smoke of the battle- field, our emotions arc overpowered — suppressed — l<>st, in the excitemenl of public passion. But when be perishes ;i victim of domestic or social life — when we Bee the iron enter his bouI, and it, closing his eyes on earth, he declares — * 1 have committed no crime against my country; I die a martyr for tin- Liberty of Bpeech, ami perish of a broken heart' — then, indeed, do we feel that the tongues of dying men enforce atten- tion, like deep harmony. Who would willingly consent to de- cide on the guilt «>r innocence of one who has thus been with- drawn from our erring judgment to the tribunal of eternal justi Vet it can not he avoided. If Abel F. Fitch was guilty of the eiime charged in this indictment, every man here may neverthe- less be innocent ; hut if he was innocent, then there i- not one of these, his associates in life, who can he guilty. Try him. then, since you must — condemn him. if you must — and with him condemn them. But remember that you are mortal, and he is now im- mortal ; .and that, before the tribunal where he stands, you must stand and confront him, and vindicate your judgment. Etemem- FORENSIC ARGUMENTS. 119 ber, too, that lie is now free. He has not only left behind him the dungeon, the cell, and the chain, but he exults in a freedom compared with which the liberty we enjoy is slavery and bond- age. You stand, then, between the dead and the living. There is no need to bespeak the exercise of your caution. — of your candor — and of your impartiality. You will, I am sure, be just to the living, and true to your country ; because, under circum- stances so solemn — so full of awe — you can not be unjust to the dead, nor false to your country, nor your God." Of the character of Governor Seward's professional labors and conduct in the department of arguments at the bar, fur- ther illustrations will be found in his pleas for the liberty of the press, and against the fugitive-slave law, and for the rights of inventors, contained in the collection of his works. A single passage from the first-named plea is given here as embodying Mr. Seward's views of resorts to courts of justice in vindication of personal character when as- sailed : — "Actions of libel are now at least comparatively unnecessary. A virtuous and humble life carries with it its own vindication. And if this be not enough, the press has the antidote to its own poisons. If it sometimes wounds, it can effectually heal. An eminent citizen who once presided in this court commenced pub- lic life with actions in defence of his character. Assailed as he thought in the evening of his life, he appealed to the press, and his vindication was complete and successful. The licentiousness of the press has impaired its power to defame — and the worst libel ever published would be effectually counteracted by a publication in the simple words, 'I am not guilty,' if it bore the signature of James Milnor, or of one who like him walked among his countrymen in the ways of a pure and blameless life." 120 RECALL TO PUBLIC LIFE. CHAPTER XVII. RECALL TO PUBLIC LIFE — RETROSPECT — POLITICAL AFFAIRS — GENERAL TAYLOR'S ELECTION — CLEVELAND SPEECH. The retirement of Governor Seward from office, permit- ting party heats to abate, and freeing hie views on public questions from the influence of prejudice, was followed by a growing reaction of popular Bentiment in his favor. He had l 11 opposed by the abolitionists, because he withheld his countenance from their extreme measures, and by the enemies of abolition, because of his sympathy with the cause. Adopted citizens had been led to distrust the sin- cerity of his efforts in their behalf, and protestants saw danger to religion in his zeal for equal justice to the for- eigner and native. Tin' friends "l* internal improvement accused him of lukewarmness, while the opponents of that Bystem predicted the impoverishment of the Btate from the extravagam f his zeal. But now all these prejudii were softened. His character and his opinions were pre- sented in a truer light. His sincerity was placed above the reach of suspicion. No one questioned his rare abilities. While new friends were constantly won. his old friends adhered to him with affectionate fidelity. Though abstain- ing from the exercise of political influence, he was regarded the Leader of his party in ih.- state, and his Labors were cl dmed for every movement in behalf of its interest CJpon the organization of the Native American party, which commenced with the burning of Roman Catholic churches, and aim. '.| at a complete change in tin- natural- i .ion laws, the adopted citizens, with one accord, appealed to Governor Seward tor sympathy and protection. THE TEXAS AND OREGON QUESTIONS. ' 121 speeches and letters, during the agitation of' this subject, show his vigorous resistance to principles which he had always regarded as political heresies.* In this respect, his course has been uniform and consistent, from the beginning. Notwithstanding Governor Seward was overruled in his opposition to the nomination of Mr. Clay for the presi- dency, in 1844, at the instance of the whig party, he took an active part in the canvass of the state, until the day of the election. He spared no pains to remove the objections of the anti-slavery voters, and of the adopted citizens, to the whig candidate. If strenuous energy and powerful eloquence could have insured success, Henry Clay would have received the vote of New York. But the only result of these efforts was to prevent an increase of the desertion from the whig ranks, which was experienced in 1842. With his uncompromising hostility to the extension of slavery in the United States, Governor Seward opposed the annexation of Texas to the last, and condemned the Mexi- can war, which he had predicted as its consequence. Still, during the continuance of the war, he urgently maintained the duty of supporting the government by liberal appro- priations of men and money. While the Oregon question was pending between the United States and Great Britain, he agreed with John Quincy Adams that our government should give notice to Great Britain of the termination of the joint occupancy of that territory. Notwithstanding all the threats and alarms of war, he exerted his influence with the members of Congress to sustain the administration in the adoption of that measure. The subject of internal improvements in the state, to- gether with the conflicts of interest about the patronage of the federal government, produced a division as early as 1843 in the ranks of the so-called New- York democracy. The rival factions came soon to designate each other as * See Vol. III. 6 122 NEW CONSTITUTION PROPOSED. hunkers and barnburners. While each admitted the neces- sity of some amendments to the constitution, they could not agree on the details. No proposal to that effect, ac- cordingly, could obtain the assent of two successive legis- latures, or a two-third vote, which was necessary in the last instance, for submitting a proposition to the people. The barnburners, win.) sought for more radical reforms than their opponents, were thus led to agitate tin- call of a con- vention for tin 1 entire revision of the constitution. This measure was discountenanced by leading whigs, who re- garded it as revolutionary, and of dangerous \> ndencies. Governor Seward took the opposite ground. He argued thai such a convention would present an opportunity to the whigs to take the Bense of the people upon the measures proposed by the barnbun ainst internal improvements. It might also Becure the advantage of decentralizing the political power of the Btate, by dividing ii into Bingle sena- torial and assembly district-, and transferring the appoint- ment of all judicial and administrative from the gov- ernor and Legislature to the people, ae well as intrusting all matters <>f Local Legislation to county boards of super- visors, instead of the Legislature at Albany. It would, moreover, permit an attempt to extend tin* right of suffrage, without a freehold qualification, to the African ran-. The views of Governor Seward were generally adopted. The convention was called with great unanimity by all parties. Although tip' whigs had but :i Bmall minority in that body, all tin- proposed reforms Wore carried, except the hitter. The sceptre which had bo Long I n wielded by the Albany regency was broken, and the concentration of political, judicial, and moneyed power, on which their empire was built, was henceforth impossible. The recurrence of the presidential election in l s l s found Governor Seward consenting to the nomination of General Taylor, whom he regarded, at thai time, as the only avail- able candidate. Be had greater confidence in the success THE CLEVELAND SPEECH. 123 of General Taylor, as his name had been brought before the people, in connection with the presidency, on account of his brilliant achievements in the Mexican war, to which he was understood to have been opposed. His election, there- fore, would serve to rebuke those politicians who had plunged the country in war for selfish purposes, and would thus in- culcate lessons of moderation and peace to rulers. Governor Seward favored his nomination, moreover, because the pre- vious course of the candidate warranted the belief that he would veto no act of Congress establishing governments which excluded slavery in our newly-acquired Mexican ter- ritory. With these views, Governor Seward devoted him- self with great energy to the canvass in the states of New York, Pennsylvania, Ohio, and Massachusetts, in behalf of General Taylor, and of such members of Congress as might be relied upon to support his administration and to extend the ordinance of 1787, on the principle of the Wilmot pro- viso, over the Mexican territories. His speech at Cleveland, Ohio, so clearly presents his views of the relative position of parties on the slavery question that we make room for several extracts in this place : — " The occasion invites to a consideration of many grave sub- jects. But the time is short. I shall waste little on the preju- dices which constitute the chief capital of our political adversa- ries. The two ancient and obsolete parties originated in the debate upon questions of organic law, and waxed strong in the discussion of the principles of administration proper for a neu- tral nation during the conflict between European belligerents. Each performed its duties and fulfilled its destiny ; each con- tributed enough to be remembered in lasting gratitude ; and each was hurried at times into errors to be forgiven and avoided. " ' The knights are dust, Their swords in rust, Their souls in heaven we trust.' " Our duties are to the generation which is living, and to the generations which are to come into life. It is a living faith, and 124 THE CLEVELAND SPEECH. not a dead one, tliat yields beneficent fruits. He who acts from prejudice or from passion is a slave. He who persuades another to act so makes him a slave. The ballot-box is an altar ot in- dependence, not of slavery : — "'Thou of an independent mind, With soul resolved, with soul resigned, Prepared Oppression's proudest Frowns to brave, Wlio will not be nor make a slave, Vii tue alone who dost rev< ire, "lliv own reproach alone dost fear — Approach this shrine and worship here.' "I am to converse with whigs only, and not with all whigs, but with Borne who propose to Beeede temporarily if not perma- nently 1 1« nn the association whose lahors, privations, defeats, and triumphs, they have hitherto shared with perseverance and fidel- ity. 1 shall speak not for a man, not for men, not even for a party, but for the common cause which thus far lias held us to- gether, and which the Beceders promise to advance more effect- ually by separation. To Buch I may say, perhaps, without presumption — •"Hear me for roj md be silen^ that you may hear ; believe me for mine honor, and have r< spec! unto mine honor that von may the better judge.' "I shall ask you to consider, first, the principles and policy which tin' interest of our country and of humanity demand ; ►ndly, how we can most effectually render those principles and that policy triumphant. "We never were, we are not now. and for a long time to come we can not be, a unique and homogeneous people. The •nies which preceded our states were off-shoots from an imperfect European civilization. England, Ireland, Scotland, Wales, France, Spain, Switzerland, [taly, Germany, Holland, and Sweden, contributed the original elements of population ; with these were mingled the natives of the continent, and com- pulsory immigration from the wilds of Africa. The disasters and privations of the < >ld World cause this flood of immigration to continue with daily-increasing volume, and our settlement on the Pacific will soon become the gate for a similar flow from the worn-out civilization of Asia. Our twenty millions are expand- THE CLEVELAND SPEECH. 125 ing to two hundred millions — our originally narrow domain into a great empire. Its destiny is to renovate the condition of man- kind. " The first principle of our duty as American citizens is to pre- serve the integrity of the Union. Without the Union, there would be not only a want of harmony of action, but collisions and conflicts ending in anarchy or probably in despotism. This Union must be a voluntary one, and not compulsory. A Union upheld by force would be despotism. " The second principle of American citizenship is, that our democratic system must be preserved and perfected. That sys- tem is founded in the natural equality of all men — not alone all American men, nor alone all white men, but all MEN of every country, clime, and complexion, are equal — not made equal by human laws, but born equal. It results from this that every man permanently residing in a community is a member of the state, obliged to submit to its rule, and therefore entitled equally with every other man to participate in its government. If it be a monarchy, he has a right to keep a musket to defend himself when the government becomes intolerable. If it be a democ- racy, where consent is substituted for force, he has a right to a ballot for the same purpose ; and each should be placed in his hands (he being a resident) when he is able to speed the bullet or cast the ballot with discretion. Whatever institutions or laws Ave have existing among us which deny this principle, are wrong, and ought to be corrected. "A third principle of American citizenship is, that knowledge ought to be diffused, as well for the safety of the state, as to promote the happiness of society. "A fourth principle is, that our national resources, physical, moral, and intellectual, ought to be developed and applied to increase the public wealth, and enhance the convenience and comfort of the people. "A fifth principle is, that peace and moderation are indispen- sable to the preservation of republican institutions. "A sixth principle is, that slavery must be abolished. " I think these are the principles of the whigs of the Western Reserve of Ohio. I am not now to say for the first time that V26 THE CLEVELAND SPEECH. they are mine. I imbibed tliem from the philosophy of the American Revolution — "Soon as the charity of my native land Wrought in my bosom.' "There are two antagonistical elements of society in America, freedom and slavery. Freedom is in harmony with our system of government and with the spirit of the age, and is therefore passive and quiescent. Slavery is in conflict with that By stem, with justice, and with humanity, and is therefore organized, de- fensive, active, and perpetually aggressive. •• Freedom insists on the emancipation and elevation of labor ; slavery demands a soil moistened with tears and hi 1 — free- dom a Boil thai exults under the elastic tread of man in his na- tive majesty. "'Idles.- (dements divide and classify the American people into two parties. Bach of these parties 1ms its court and its sceptre. The throne of the one is amid the rocks of the Alle- gany mountains ; the thro »f the other is reared on the sands of South Carolina. One of these parties, the party of Blavery, irds disunion as among the means of defence, and not always the last to be employed. The other maintains the Union of the states, one and inseparable, now and for ever, as the highest duty of the American people to themselves, to posterity, to mankind. "The party of slavery upholds an aristocracy founded on the humiliation of labor, as accessary to the perfection of a chival- rous republic. The party of freedom maintains universal suf- frage, which makes men equal before human laws, as they are in tin 1 Bight of their common Creator. -• ddie party of Blavery cherishes ignorance, because it is the only senility for oppression. The party of liberty demands the diffusion of knowledge, because it is the only safeguard of re- publican institutions. ••The party of Blavery patronizes labor which produces only experts to commercial nations abroad — tobacco, cotton, and sugar — and abhors the protection that draws grain from our na- tive fields, lumber from our native forests, iron and coal from our THE CLEVELAND SPEECH. 127 native mines, and ingenuity, skill, and labor, from the free minds and willing hands of our own people. " The party of freedom favors only the productions of such minds and such hands, and seeks to build up our empire out of the redundant native materials with which our country is blest. " The party of slavery leaves the mountain ravine and shoal to present all their natural obstacles to internal trade and free locomotion, because railroads, rivers, and canals, are highways for the escape of bondsmen. " The party of liberty would cover the country with railroads and canals, to promote the happiness of the people, and bind them together with the indissoluble bonds of interest and affec- tion. " The party of slavery maintains its military defences, and cultivates the martial spirit, for it knows not the day nor the hour when a standing army will not be necessary to suppress and extirpate the insurrectionary bondsmen. " The party of freedom cherishes peace, because its sway is sustained by the consent of a happy and grateful people. " The party of slavery fortifies itself by adding new slave- bound domain on fraudulent pretexts and with force. " The party of freedom is content and moderate, seeking only a just enlargement of free territory. " The party of slavery declares that institution necessary, beneficent, and approved of God, and therefore inviolable. " The party of freedom seeks complete and universal emanci- pation. " You, whigs of the Reserve, and you especially, seceding whigs, none know so well as you that these two elements exist and are developed in the two great national parties of the land, as I have described them. That existence and development constitute the only reason you can assign for having been en- rolled in the whig party, and mustered under its banner so zealously and so long. And now I am not to contend that the evil spirit I have described has possessed the one party without mitigation or exception, and that the beneficent one has on all occasions, and fully, directed the action of the other. But I ap- peal to you, to your candor and justice, whether the beneficent 128 THK CLEVELAND SPEECH. spirit has not worked chiefly in the whig party, and its antago- nist in the adverse party. " V head. II.' concurred with President Taylor in his invitation to California and New Mexico t<> organize Btate governments i apply for admission into the Union at the next of ( lonj -. T >n of the president \\ ;i» adopt- ed. A- Mr. Seward laid anticipated, California appeared by her senators and representatives at the commencement of the congressional m in December, 1&4!', with a Vol III • n::. THE HIGHER LAW. 1°.3 constitution excluding slavery. It was understood that New Mexico was preparing to come with a similar consti- tution. To Mr. Seward belongs the authorship of the phrase — the Higher Laiv — which has acquired a fame that will never die. It was used by him in his speech in the senate, March 11, 1850, on the admission of California into the Union.* This speech was unanimously acknowledged to be a bold, manly, and profound production. Lucid and consecutive in argument, learned in historical and philosophical illus- trations, with a chaste elegance of diction, it was not sur- passed for sound statesmanship and an acute exposition of the principles of natural and constitutional law, by any speech delivered in the senate on the absorbing subject of freedom in the territories. The enemies of Mr. Seward at once accused him of maintaining the existence of a Higher Law, in opposition to the constitution, by which the new domain of California was devoted to justice, liberty, and union. But this was a flagrant misrepresentation of his language, which embodied a truth, that none but the grossest materialists and skeptics can call in question. No enlightened ethical philosopher, no man of ordinary religious feeling and conscientiousness, will deny that there is a law higher than political constitu- tions and human legislation, " the law which governs all law — the law of our Creator, the law of humanity, justice, equity, the law of nature and of nations." Nor will it be doubted, that in case of a conflict between divine and human law, "we ought to obey God, rather than man." But it was not the purpose of Mr. Seward on that occasion, to repeat a principle so plain as this. The phrase as used by him on the floor of the senate would hardly seem capa- ble of such misconstruction as has been given to it. We quote his words, precisely as they were spoken : — * See Vol. I., p. 51. 134 THE HIGHER LAW. " It is true, indeed, that the national domain is ours. It is true it was acquired by the valor and with the wealth of the whole nation. But we hold, nevertheless, no arbitrary power over it. We hold no arbitrary authority over anything, whether acquired lawfully or seized by usurpation. The constitution regulates our stewardship; the constitution devotes the domain to union, to justice, to defence, to welfare, and to Liberty. But there is a Higher Law than the constitution, which regulates our authority over the domain, and devotes it to the same nolle ^purposes. The territory is a part, no inconsiderable part, of the common heritage of mankind, bestowed upon them by the Cre- ator of the universe. We are his Btewards, and must bo dis- charge our trust as to secure in the highest attainable deg their happiness." Every intelligent reader will perceive thai while Mr. - \anl devoutly recognises the law of God, and its paramount claims both on individuals and nations, he was far from assertinga contradiction between that law and the American constitution on the Bubject in question. On the contrary, he declares that they agree in demanding freedom and junior for the new domain. Can any wise statesman, can any far-seeing patriot, can any friend of human improve- ment, deny the soundness of this position ': But let as not be misunderstood. In vindicating Mr. Seward from tb irsions which were brought upon him by the expression alluded to, it is far from our inten- tion to disclaim for him a belief that the obligation of hu- man laws is founded on their harmony with the principles of eternal justice. He isnoadhcrent of the superficial and wretched philosophy \\ hich derives the distinctions of moral- ity from the caprices of opinion. In common with the greatest thinkers of all ages, he traces the obligation of right to the uncreated wisdom of the Deity. With Plato and Cicero, in ancient tine--, with Bacon, Hooker, ami Cudworth, at a lat.T date, he recognises the bosom of the Deity as the seat and fountain of law — " whose voice is the harmony of the world." This ennobling idea pervades THE COMPROMISE BILL. 135 the writings of Mr. Seward — it is the pivot of his per- sonal character, as well as of his public and legislative career. Among other instances of its operation, we find it in an argument, in 1847, relating to the fugitive slave law of 1793, wher3 houses the following striking expression: " Congress has no power to inhibit any duty commanded by God on Mount Sinai, or by his son on the Mount of Olives."* In a subsequent speech in the senate he alludes to the personal abuse which these sentiments had excited, in the following firm but dignified language : — " I do not propose to reply to what is personal in the remarks of the honorable senator. I have nothing of a personal charac- ter to say. There is no man in this land who is of sufficient importance to this country and to mankind, to justify his con- sumption of five minutes of the time of the senate of the United States, with personal explanations relating to himself. The speeches which I have made here, under a rule of the senate, are recorded, and what is recorded has gone before the people and will go, worthy or not, into history. I leave them to man- kind. I stand by what I have said. That is all I have to say upon that subject. The senator proposes to expel me. I am ready to meet that trial too ; and if I shall be expelled, I shall not be the first man subjected to punishment for maintaining that there is a power higher than human law, and that that power delights in justice ; that rulers, whether despots or elected rulers of a free people, are bound to administer justice for the benefit of society. Sen ators, when they please to bring me for trial, or othenvise, be fore the senate of the United States, will find a clear and open field. I ask no other defence than the speeches upon which they propose to condemn me. The speeches will read for them- selves, and they will need no comment from me." During the discussion of the " Compromise Bill," Mr. Seward addressed the senate, July 2, 1850, in a speechf remarkable for the vigor of its dialectics, its comprehensive * See Forensic Arguments, Parks vs. Yan Zandt, Vol. I., p. 4/76. f See Yol. I., p. 94. l-l'i SPEECHES IN" THE SENATE. and sagacious statesmanship, and its noble zeal for freedom, as well as for the appositeness of its classical illustrations, and the polished beauty of its style. His exposition of the dangers and evils of the compromise is in a strain of mas- terly eloquence. After appealing to the wisdom of his auditors to adopt the true principle of conciliation by grad- ual reform, he closed his remarks with one of those genuine touches of poetry which often flash over the severity of his argumentative discourse. " We shall then realize once more the concord which results from mutual League, united council-, and equal hopes and hazards in the most Bubliine and beneficent enterprise the earth has witnessed. The fingers of the powei •■■ would tunc the harmony of such a peac< This speech was succeeded by bj ches on " New .Mex- ico," and " Freedom in the District of Columbia,"* in which Mr. Seward displayed his usual elevation of thought in applying the principles of universal justice to the main- tenance of human rights. In January, L861, Mr. Sew- ard delivered a - on the question of " Indemnities for French Spoliatioi . ; iving a Luminous analysis of the whole subject, accompanied with ample historical proofs, and eloquently enforcing the necessity of justice and good faith to national honor. The Btate thai would be prosper- ous must Ik' free from the burden of violated engagements. T i • people that would dwell in Bafety, without fear for fire- side, lane. pitol, must practise an austere and p morality — must embody in their daily lives the spirit of the eternal law through which "the most ancient heavens are fresh and Btrong." The next important topic on which Mr. Seward ad- dressed the senate was the " Public Domain."} In his speech on this Bubject, February 27, 1861, without main- taining the absurdity that the land of any country ought * See Vol. I., p. 111. + B«« Vol I., p. 18* •• Vol I . p. 156. SPEECHES FREEDOM IN EUROPE. 137 to be, or can be, equally divided and enjoyed, he shows the evils arising to the highest interests of society from great inequalities in landed estates. His views of the gratuitous distribution of portions of the public domain to actual set- tlers, although they may fail to win the sympathy of poli- ticians, are marked by equal humanity and good sense, and will challenge the attention of all intelligent friends of social progress. In December, 1851, Mr. Seward submitted a reso- lution to the senate, in favor of a cordial welcome by Congress to Kossuth, to be communicated by the president as the executive organ of the United States. His senti- ments in regard to the illustrious champion of Hungary are expressed in two speeches on the subject, which handle the objections of the opponents to the resolution with a good- humored severity of argument, and a remarkable terseness of language, while they present the claims of Kossuth to the. admiration of American freemen, in a style of fervid elo- quence that is equally touching in its pathos and convincing in its appeals.* During the following February, the discussion of Mr. Foote's resolution, declaring the sympathy of Congress with the exiled Irish patriots, Smith O'Brien and Thomas F. Meagher, came up in the senate, when Mr. Seward took occasion to express his deep interest in the welfare of Ireland, enforcing his views with his usual vigor of argu- ment and liveliness of illustration.! This was succeeded in March by a speech on " Freedom in Europe," in which he presents an admirable sketch of the Hungarian revolu- tion, discusses the neutral policy of Washington in regard to foreign nations, explains the true character of interven- tion, and argues at length in its defence. The tone of this speech is lofty and severe, and in some passages rises to an almost Miltonic grandeur 4 * See Vol. L, p. 172. f See Vol. I., p. 186. | See Vol. I., p. 196. 1S8 SPEECHES — THEIR CHARACTER. The next speeches of Mr. Seward in the senate were on "American Steam Navigation,"* " Survey of the Arc- tic and Pacific Oceans,"! and "The American Fisher- ies.'':): A peculiar value attaches to these speeches from their eminently practical character, the variety and accu- racy of the statistics which they embody, their clear and cogent reasonings on the facts they present, the intimate knowledge which they exhibit of the commercial and in- dustrial relatione of the country, and the enlightened and glowing patriotism with which they are inspired. To the admirers of Mr. Seward they are of no less interest, on account of their fine illustrations both of his mental habits and his personal character. In the action of his intellect, patience, and depth of research, a constant aim at the integral unity of the subject, a Logical grouping of particulars in reference to a future pregnant inference, and a singular self-possession in the exercise of judgment, ever serve as the basis which underlies the expression of a masculine and generous enthusiasm and an earnest-hearted Bympathy with all that is beautiful in the progress, or sacred in the hopes of collective humanity. Immediately after the adjournment of Congress, Mr. S .•. ard delivered the first anniversary address before the Agricultural Society of the Btate of Vermont, at Rutland, on the 2d of September, 1 852. A- nothing could be more grateful or more just, bo we sure nothing could be more sincere than the following tribute, paid by him to that Btate, in the opening of this interesting address : — I [tizens op Vermont: — Ladies and Gentlemen: A schoolmaster from Afiddlebury taught me to read the growing praises and simple maxima of Roman agriculture recorded in the pag< Virgil. Natives of Rutland and Bennington were among my youthful companions and early patrons, still affec- tionately and gratefully remembered. Long ago I seemed to myself to have imbibed — I know not when nor how— many * Be€ Vol. L p. 222. | e Vol I., p, -i:^. dL I., p. VISIT TO VERMONT ADDRESS. 139 principles, sentiments, and sympathies, from fountains of philos- ophy and feeling which had been opened early, and which are yet flowing 'freely here in Vermont. Longer than I can recollect, my hopes for my country and mankind have had their anchor- age in the ever-widening prevalence of those maxims of politi- cal justice and equal liberty which have been always maintained with unyielding constancy in this state, the Tyrol of America. I have wondered often, when such memories as these have come over me, that although I had not been quite unused to travel, and had lived always near, yet I was nevertheless a stranger in Vermont. Long-delayed wishes of mine are now gratified. I am at last in Vermont. I pay to her mountains the homage which the sublime in nature exacts ; and to her mountaineers I confess that my motive in coming was not so much to instruct them as to seek their personal acquaintance, and to thank them for precious and cherished instructions which they have long since imparted to me. " These, then, are ' the grants' sold by New Hampshire with- out title, and won by force from New York when she perverted title to purposes of oppression. In lime and marble they are rich, and in forest-growth and in pasturage, at least, they are fertile ; and the vigorous play of the elastic air upon lungs which had become languid under southern skies, assures me that they are as healthful as they are romantic and beautiful. Neverthe- less, it must have been no easy task that the settler performed here when he removed the sturdy trees and massive rocks, and opened the dank and festering soil to the light and heat of the morning sun. It was no common bravery that kept the savage Indian at bay while exterminating the wolf and the panther ; and no common heroism that, while engaged in the foremost ranks of the Revolution for the deliverance of New York and the other colonies from British power, effected a revolution also against New York, and established the independence of Vermont herself. I think, indeed, that, at this day, men as hardy, brave, and heroic, as Ethan Allen and his followers — if there be suc h — would pass by regions as rugged and wild as of old these must have been, to find, with less fatigue and danger, easier and more attractive homes on the Mississippi prairies, or on the golden terraces of California and Oregon. 140 V]-[T T«> CANADA. " Certainly the descendants have carried on with perseverance and success the enterprise their ancestors so bravely began; Their fields are clean, and a stiff Btnbble shows that they have been covered well with grain ; their pasturages carefully drained, and trodden by sheep, horses, and cattle — than which 1 am sure there are none better; their villages embellished with gar- dens, and crowned with schools and colleges; and their stat men discharging useful and honorable functions in tin* national councils and in foreign court-. I can not, in. Ice, 1. BUppn repining regrel that bo fair a portion of my native Btate was lost for ever by the obstinate persistence of her authorities in olaimB which, although based on royal constitutions, were without neces- sary foundation in equity. Nevertheless, looking upon the Btcb out before me, as we nuvj suppose an Eng- lishman, who loves hi- native land well, hut lovea freedom and humanity ^ t i 1 1 better, may look upon the growing greatness and spreading dominion of our common country, I say again, with cheerfulness and enthusiasm, hail to Vermont! Her indepen- dence was justly and bravely won. She has chosen a peaceful and beneficenl mission, and -he fulfills it faithfully and gen- ;-lv. May her prosperity continue, and her glory incre tor ever After a pleasant bojouto of BeveraJ days in Vermont, jeiving many manifestations of courtesy and respect in various part- n\' the Btate, Mi-. Seward extended his journey t<, Montreal and Quebec. The provincial parliament was then in session at Quebec; and he was entertained by its members, as well as by the governor-general ( Lord Elgin) and other authorities, in ;> manner which evinced n high consideration for him as a statesman, and the most frater- nal feelings toward the country of which he was ded -elltative. 1. III., p. 176. THE EXTENSION OF SLAVERY. 141 CHAPTER XIX. THE PRESIDENTIAL ELECTION OP 1832 THE SLAVERY CON- TEST OF 1850 DEATH OF PRESIDENT TAYLOR HIS SUC- CESSOR OVERTHROW OF THE WHIG PARTY CAUSES RESULTS, ETC. The presidential election of 1852 is yet so recent, that its incidents can be recalled without difficulty. The suc- cess of the whig party in the free states, during the contest of 1848, was promoted by the assurance that it would pre- vent the introduction of slavery into the new territories, where it was already prohibited by the Mexican laws. The representatives of the free states in Congress were under- stood to be pledged to that wise and beneficent policy. It was assumed that the new president would not interpose the executive veto, should that policy be adopted. Mr. Seward was committed in its favor, both by the circum- stances of his election, and the well-known tenor of his political life. On the meeting of Congress in December, 1849, several whig members from the South apprehended the adoption of that policy, and refused to unite with their northern brethren in the choice of a speaker. After delay- ing the organization of the house for a number of weeks, they finally joined with their political opponents, and elected a democratic speaker from one of the slaveholding states. As soon as the house was organized, the southern party demanded the establishment of the new territories, without any condition as to the introduction of slavery. The representatives of the free states earnestly protested against this course. Mr. Seward took an active part in the opposition. Faithful to their- convictions, they insisted on the insertion of the Wilmot proviso (which was identical 142 CLAY. WEBSTER, AXl) CASS. in its spirit with Mr. Jefferson's proviso in the ordinance of 1787) in any act ordaining the government of the terri- tories. The president took a middle ground in his message to Congress. He recommended that the territories should be left, without any preliminary organization, under the existing Mexican laws, until they should have obtained the requisite population to form voluntary constitutions, and apply tor admission a- .-tail-- of tin- Union. California and New Mexico were already taking measures lor this purpose. The recommendation of the president was condemned by the slave Btates, while it met tin* approval of tin 1 friends of freedom. Ai an early period it was opposed by Mr. Clay. After greal reserve mid deliberation, Mr. Webster subsequently declared his hostility to the proposed meas- ure. Mi - . Seward, who upheld tin- recommendation, thus became the leader of the administration party in both houses of Congress. The antagonists of slavery with whom he co-operated, though a minority in the Benate, hud a decided majority in the house of representatives. Bach branch of Congn ame the Bcene of vehement debate. The Blaveholding party indulged in Bueh violent and inflam- matory Language as to threaten the derangement of public business, and even the disorganization of Congress. This party was sustained by the Nashville convention — a body of southern delegates assembled for the purpose of adopt- ing measures for the secession of the Blave Btates from the Union. But neither President Taylor nor Mr. Seward was intimidated by these proceedings. They both persisted in the course, which was sanctioned alike by judgment and conscience. Mr. Clay, on the other hand, believed that the existence of the Onion was at stake. Sustained by Mr. Webster, he consented to adopt the non-intervention policy, the avowal of which by General Cass had made him the candidate of the democratic party in the Late presiden- tial election. He now brought forward his famous COm- promise scheme, and urged its adoption with all the force COMPROMISE OF 1850. 143 of his glowing and persuasive eloquence. Appealing to the sentiment of patriotism, to the prevailing attachment to the Union, and to the love of peace, he represented the acceptance of his measures as essential to the final settle- ment of the issues which had grown out of the existence of slavery in the United States. Mr. Clay's views were sus- tained by the leading advocates of slavery in Congress. For the most part, these belonged to the democratic party. They were pledged to insist on a Congressional declaration of the right of slaveholders to carry their slaves into any of the territories of the United States. But the compro- mise was opposed by most of the representatives of the free states, who were determined to make no further con- cessions besides those involved in the position taken by President Taylor. The whigs of the slave states, on the other hand, gave it their hearty support. It was clofended also by the more especial friends of Mr. Clay and Mr. Web- ster, among the whigs of the North, as well as by a large portion of the democratic party in the free states. The more conservative classes in the great northern cities were induced to give it their support, through fear of the loss of southern trade and patronage, and a growing discontent with the policy of the new administration. The friends of the compromise endeavored to arouse the fears of the peo- ple, by showing the danger of a dissolution of the Union, which was threatened, as they alleged, by the policy of President Taylor. Mr. Seward, of course, was denounced as a desperate and dangerous agitator. His resistance to the compromise was represented as a contumacy. He was accused of wishing to obtain personal aggrandizement, even upon the ruins of the constitution and the wreck of the Union. These reproaches were not without effect. They produced a partial division of the whig party in the free states, and awakened a prejudice in many quarters against the name of Mr. Seward. But he was not shaken from his steadfastness. With admirable firmness and self-pos- 144 THE FUGITIVE-SLAVE BILL. session, he nobly resisted the current of popular agitation and Congressional excitement. The dignity of his bearing and the wisdom of his counsels, during this stormy period, receive ample illustration from his published " Works," as well as from many pages of the present volume. The first applicant for admission into the Union was California, which had adopted a free constitution in a gen- eral convention. The friends of the compromise refused to grant her demand, except on certain Btringent conditions. They insisted that Congress Bhould waive a Bimilar prohi- bition of slavery in organizing the territories of I tali and New Mexico, and al me tine enact a new and offen- sive law I'.n the capture of fugitive Blaves in the free Btates. Mi-. Sewartfl demanded the admission of California, without condition and without qualification, Leaving other Bubjeots to distinct and independent legislation. No fair-minded man, it would Beem, could doubt the wisdom or justice of such a course. The partisans of the compromise contended that Utah and New Mexico Bhould be organized, without a prohibition of Blavery, at the very moment when the Latter wa< known to have adopted a free constitution, and to have chosen representatives to demand admission into the Union. On this question, Mr. Seward maintained that Nev Mexico should either i>" admitted into the Union as a free Btate,or Left to enjoy tin 1 protection from slavery afforded by the existing Mexican law.-. The fugitive-slave law, which was proposed as a con- dition of the admission of California, met with a determined opponent in Mr. Seward, from tic first. He clearly fore- saw the impolicy, as well as tin- cruelty of the contemplated measure. He argued with no less humanity than good faith, that no public exigency required a new law on the subject — that the bill in question was a- unconstitutional as it was repugnani to every just sentiment — and that the principles and habits of the northern people would place every obstacle in the way of its execution. Admitting the DEATH OF PRESIDENT TAYLOR. 145 justice of these views, the compromisers demanded that they should be set aside, lest the determination of the slave- holders should lead to a dissolution of the Union. Mr. Seward was incapable of yielding to such unworthy terrors. He constantly passed them by, as too trivial for serious notice. At the same time, he urgently pointed out the danger of quailing before the threats of the South. Know- ing the dispositions engendered by slavery, he insisted that any craven truckling on the part of the free states, would lead to unbounded aggressions by the slave power in the future. With prophetic sagacity, he was enabled to cast the horoscope of coming ills, which have since been realized in the legislation concerning Kansas and Nebraska. The compromisers regarded their measures as essential to the suppression of the slavery agitation in the national councils, and to the permanent tranquillity of the Union. Mr. Seward maintained precisely the opposite views. He insisted that the extension of slavery was too great a price to pay even for the attainment of peace — that a peace pur- chased on such terms, would be only a hollow truce — that it would soon be disturbed by new and deeper agitations — that freedom and slavery were essentially antagonistic in their nature — and that no reconciliation could be effectual, until the latter should abandon its pretensions to new terri- tories, and new conquests. The soundness of Mr. Seward's opinions have been confirmed by subsequent events. The exciting congressional discussion of the subject continued for several months. Its effect was favorable to the policy of President Taylor and Mr. Seward. It promised to guar- anty the establishment of free institutions, unvitiated by the presence of slavery, to the vast possessions between the organized states and the Pacific ocean. An unforeseen casualty changed the fortunes of .the con- flict. President Taylor died in the month of July, 1850, and by the terms of the constitution, Millard Fillmore, the vice- president, was advanced to the executive chair of the 146 PRESIDENT pillmobe's course. United States. A citizen of the state of New York, he had already exhibited symptoms of jealousy, in regard to the influence of Mr. Seward — a feeling which was Shared by many of his 9. At the same time, he was understood to concur with Mr. Seward in thi oral principles of policy, which had guided the course of the latter on the slavery question. W , ard advised the new president to retain I inet of General Taylor, and endeavor to cany out his views. But this course was in direct opposi- tion t<> the plan of the compromisers. They urged the im- portance of abandoning the policy hitherto pursued, and of appointing a cabinet committed to their own. .Mr. Fill- more accepted . Bis administration was. in lity, founded on the principles of tin- party, which his ■lion had di L. Of course, it relied for support on oalition between the members of that party, and bo many of his own. as could be gained to his views. □ after this change in the >, many of the opponents of the ipromise fell off from tl • of Mr. Seward, while others attempted I a middle course, expressing th<\ - in lai ■. of moderate ing a total Although the compromise bill itself was ted, the measures which it embodied w< : to a sepa- rate discussion and successively passed. The whigs of the a into perplexity by this Budden chan The coalition demanded the acceptance of the compromise as the final adjustment of the Blavery contro- versy. No favors were to be expected from tin' adminis- tration by those who failed to comply with the terms. A refusal was deemed sufficient evidence of disloyalty to the rernment, and of hostility to the Union. But Mr. Sew- ard was not influenced by the motives thus held out. His opposition to the compromis rares was unabated. He gave no heed to the denunciations of power. For the pi ont, the vital question had been settled in Congress. It had now pa — ed over to the tribunal of the country. In THE BALTIMORE CONVENTIONS. 147 fact, it waited the judgment of the civilized world. Mr. Seward was unwilling to expose himself for a moment to the danger of misapprehension. He neglected no proper occasion to declare his adherence to the convictions and principles which he had expressed throughout the congres- sional debates ; although he declined to engage in any de- fence or explanation of his course amid the excitement of popular assemblies. The question of slavery, in its comprehensive bearings, formed the turning point in the presidential canvass of 1852, which resulted as will be seen in the election of Mr. Pierce, and at a subsequent period, in the abrogation of the Missouri Compromise, and the enactment of the Kansas and Nebraska bill. The national democratic convention, held in Baltimore, June 1,. 1852, unanimously adopted a platform, approving the compromise of 1850, as the final decision of the slavery question. After a vehement and protracted struggle be- tween the friends of prominent candidates, Franklin Pierce, of New Hampshire, who had hitherto not been placed in the ranks of competitors, was nominated for president. The whig party were widely divided on the question of acquiescence in the compromise measures. They were still more at variance in regard to the claims of rival candidates for the presidency. Mr. Seward's friends in the free states, united in the support of General Scott, who had, to a consider- able extent, stood aloof from the agitations of the last few years. Although, as it was understood, General Scott ap- proved of the compromise measures, as acts of political necessity, he was supposed to have no wish to use them as a political test. On the other hand, the exclusive support- ers of the compromise as a condition of party allegiance, were divided between Millard Fillmore, at that time the acting president, and Daniel Webster, secretary of state, as candidates for the executive office. The Whig conven- tion met in Baltimore on the 17th of June. A large ma- THE PRESIDENTIAL < ANY ASS. jority of the delegates from New York, and a considerable number from other states, maintained their opposition to the test resolutions proposed by the other branch of the party. Those resolutions, however, were adopted by a decisive majority. They were voted for by many who may be presumed to have been convinced of their importance, while others doubtless were influenced by fears of a disrup- tion of the party. A platform was thus established, resem- bling, in its main features, that of the democrats. Sup- ported by Bevera] advocates of the oew platform, on the ground of his personal popularity, Genera] Scott received the Domination. Il»' was, however, regarded with suspicion by a great number of whigs in the slave-holding Btates. It was feared, that if he was elected to the presidency, Mr. ..;inl would i". called t<» the offi< f secretary of state, ami thus exert a leading influence on the administration. < General Scott Lost do time in attempting t<> remove these prejudices. In announcing his acceptance <»!' tin' Domina- tion, In- promptly declared his adhesion t<> the principles of the platform, adopted by the party. At the instance of the friends of tin- candidate, Mi-. Seward disclaimed all persona] interest in the election of General Scott. With his characteristic frankness and fidelity to political associ- ates, h«- publicly announced his determination to accept no office at tin' hand- of the president, in case of General This had hitherto been his course, and it would not be changed nnder a future administration.* The democratic party, forgetting it- past divisions, at least, for the moment, Bupported Mr. Pierce with unanim- ity and zeal. <)n the contrary, Mr. Webster was Domina- | by a portion of the whig party, and died not only refu- sing to decline the Domination but openly avowing his dis- gust with the action of the party. Many ardent friends of tln> compromise refused to rally around General Scott, dis- trusting hi.- fidelity to the platform; while a Large number Vol HI , l'- U«. DEFEAT OF GENERAL SCOTT. 149 of whigs in the free states, through aversion to the plat- form, assumed a neutral position, or gave their support to a third candidate. Mr. Seward and his friends could not so far belie their convictions, as to approve the principles of the platform, but yielded their aid to General Scott, in the manner, which, in their opinion, was best adapted to secure his election. The result, however, was what might have been foreseen. The democratic nominees received the electoral votes of twenty-six out of the thirty-one states. The loud exultations of the prevailing party, as well as of those whigs, who had sympathized with them in the canvass, showed their belief, that in the defeat of Gen- eral Scott, Mr. Seward was not only overthrown, but polit- ically annihilated. The whig party, in their opinion, was also for ever destroyed. Under these discouraging auspices, Mr. Seward resumed his seat in the senate, at the second session of the Thirty-Second Congress, in December, 1852. But neither his speeches nor his public conduct, were col- ored by the remembrance of the recent struggle. No traces of disappointment were visible in his bearing, and he at once devoted himself to the business of the session with the same calmness and assiduity which had always marked his congressional career. 1-50 SPEECHES IN THE SENATE, CONTINUED. CHAPTER XX. XXXnd CONGBESS, SECOND SESSION, l852-'53 — SPEECHES — JOHN QUINCY A.DAM9 — CUBA — PACIFIC RAILROAD — TABr IFF — TEXAS — ORATIONS — JAMES TALLMADGE. The Bpeechea of Mr. 5 i in the Benate during the sec- ond Q of the thirty- Congress were on questions of greal practical interest. In his remarks in the debate on "Continental Rights and Relations," Jan. 26, l v -~>ii.lm pays a graceful and feeling tribute to the character of John Qirincy Adams, whom he claims as the author of the policy on recol- onizatioE generally ascribed to President Monroe. Passing to the 1 the policy itself, he gives his reasons for holding to its substantia] truth, while he protests against • manner in which it was brought in issue on that occa- sion. Thi ely and forcibly argued, though without incidental touches of effective sati We quote a few p - lvlatinir to John (^uinry Ailams ami to Cuba : — "Mr. President: On the 23d day of February, L 848, John Quincy Adams, of Massachusetts, who had completed ;i circle of public service filling fifty years, beginning with an inferior diplomatic function, passing through the chief magistracy, and closing with the trust of a representative in Congress, departed from the earth, certainly respected by mankind, and, if all post- humous honors are not insincere and false, deplored by his countrymen. •• < >!i a fair and cloudless day in the month of June. 1 B50, when the loud and deep voice of wailing had just died away in the land, the senator from Michigan, of New England born, and by New England reared — the Leader of a great party, not only Vol. II!.. : . JOHN QUINCY ADAMS. lf.l here, but in the whole country — rose in the senate-chamber, and after complaining that a member of the family of that great states- man of the east, instead of going backward with a garment to cover his infirmities, had revealed them by publishing portions of his private diary, himself proceeded to read the obnoxious extracts. They showed the author's strong opinions, that by the federal compact the slaveholding class had obtained, and they had exer- cised, a controlling influence in the government of the country. " Placing these extracts by the side of passages taken from the Farewell Address of Washington, the senator from Michigan said : ' He is unworthy the name of an American who does not feel at his heart's core the difference between the lofty patriot- ism and noble sentiments of one of these documents, and but I will not say what the occasion would justify. I will only say, and that is enough, the other, for it is another? — 'It can not, nor will it, nor should it, escape the censure of an age like this.' — 'Better that it had been entombed, like the ancient Egyptian records, till its language was lost, than thus to have been exposed to the light. of day.' " The senator then proceeded to set forth, by contrast, his own greater justice and generosity to the southern states, and his own higher fidelity to the Union. This was in the senate of the United States. And yet no one rose to vindicate the memory of John Quincy Adams, or to express an emotion even of surprise, or of regret, that it had been thought necessary thus to invade the sanctity of the honored grave where the illustrious statesman, who had so recently passed the gates of death, was sleeping. I was not of New England, by residence, education, or descent, and there were reasons enough why I should then endure in silence a pain that I shared with so many of my coun- trymen. But I determined that, when the tempest of popular passion that was then raging in the country should have passed by, I would claim a hearing here — not to defend or vindicate the sentiments which the senator from Michigan had thus se- verely censured, for Mr. Adams himself had referred them, together with all his actions and opinions concerning slavery — not to this tribunal, or even to the present time, but to that after- age which gathers and records the impartial and ultimate judg- ment of mankind — but to show how just and generous he had 152 THE MONROE DOCTRINE. been in his public career toward all the members of this confed- eracy, and how devoted to the union of the states, and to the aggrandizement of this republic. I am thankful that the neces- sity for performing that duty has passed by, and that the statesman of Quincy has, earlier than I hoped, received his vin- dication, and has received it, too, at the hands of him from whom it was justly due — the accuser himself. 1 regret only this — that the vindication was not as generously as it was effectually made. "There are two propositions arising out of our interests in and around the gulf of Mexico, which are admitted by all <>\w Bfates- ( hie of them is, that the safety of the southern state* requires a watchful jealousy of the presence of European pow- in the southern portions of the "North- American continent ; and the other is, that the tendency of commercial and political invites the Dnited S to assume and exercise a para- mount influence in ti. the nati tuated in this hemisphere; that is, to become and remain a great western con- tinental power, balancing itself against the possible combina- tions of Europe. The advance of the country toward that 'lion constitutes what, in the language of many, is called ' pr - and the position itself is what, by the same clas called 'manifeg h is held by all who approve that that destiny, to be necessary to prevent the recolonization of this continent by the European Btates, and i\o the island of Cuba from passing out of the possession of decayed Spain, into that o of the more as maritime powers of the old world. "In December, L823, James .Monroe, president of the United State-, in his annual i ■ to Ooi proclaimed the first of these two policies substantially as follows: 'The American continents, by the free and independent condition which they have assumed and maintain, are henceforth not to be considered for future colonization by any European power; and wh rights -hould be re ■ the Bafety and interest of the United States require them to announce that no future colony or dominion Bhall, with their consent, be planted or estab- lished in any part of the "North American continent.' This is what is Called, here ;md el -<'wheiv. the Monroe doctrine, so far as it invoh Ionization. JOHN QUINCY ADAMS. 1.13 "John Quincy Adams and John 0. Calhoun were then members, chief members, of Monroe's administration. John Quincy Adams afterward acknowledged that he was the author of that doctrine or policy; and John 0. Calhoun, on the 15th of May, 1848, in the senate, testified on that point fully. A senator had related an alleged conversation, in which Mr. Adams was represented as having said that three memorable propositions contained in that message, of which what I have quoted was one, had origi- nated with himself. Mr. Calhoun replied, that ' Mr. Adams, if he had so stated, must have referred to only the one proposition concerning re-colonization [the one now in question]' and then added as follows : ' As respects that, his [Mr. Adams's] memory does not differ from mine It originated entirely with Mr. Adams.'* " Thus much for the origin of the Monroe doctrine on recoloni- zation. Now, let us turn to the position of John Quincy Adams, concerning national jealousy of the designs of European powers upon the island of Cuba. The recent revelations of our diplo- macy on that subject begin with the period when that statesman presided in the department of state. On the 17th of December, 1822, Mr. Adams informed Mr. Forsyth, then American minister in Spain, that ' the island of Cuba had excited much attention, and had become of deep interest to the American Union;' and, referring to reported rival designs of France and Great Britain upon that island, instructed him to make known to Spain ' the sentiments of the United States, which were favorable to the continuance of Cuba in its connection with Spain.' On the 28th of April, 1823, Mr. Adams thus instructed Mr. Nelson, the suc- cessor of Mr. Forsyth : — "'The islands of Cuba and Porto-Rico still remain, nominally, and so far really dependent upon Spain, that she yet possesses the power of transfer- ring her own dominion over them to others. These islands, from their local position, are natural appendages to the North American continent; and one of them, Cuba, almost in sight of our shores, from a multitude of considera- tions, has become an object of transcendant importance to the commercial and political interests of our Union. Its commanding position, with refer- ence to the gulf of Mexico and the West India seas ; the character of its pop- ulation; its situation midway between our southern coast and the island of St. Domingo ; its safe and capacious harbor of the Havana, fronting a * App. Cong. Globe, 1847-48, p. 631. 7* 1 ">4 CUBA SPA IX ENGLAND. long line of our shores destitute of the same advantage; the nature of its productions and of its wants, furnishing* the supplies and needing the re- turns of a commerce immensely profitable and mutually beneficial — give it an importance in the sum of our national interests with which thai of no other foreign territory can he compared, and little inferior to that which binds the different members of this Union together. Such, indeed, are, be- n the im thai island and of this oountry, the geographical, com- mercial, moral, and political relations formed by nature, gathering in the ess of time, and even now \ to maturity, that, in looking forward to the probal short period of half a century, it is scai' thai the annexation of Cuba to our al republic will ! ible to the continuance and integrity of the Union itself. r, thai for this event we are not yet Numerous and formida! tension of our ter- ritorial doroii the firsl contemplation of tli- il policy by which alone thai result can . and mai lurmounted, both from al I ' olitical as \\ ''11 as of phys- ntation; nnd if an ap] red by th I from its native . the ground, < eibly disjoined from its own unnatural • with Spain, and incapab -support, can . toward th- North American union, winch, by the same law of im' irnesl and nnr< mitting attention, I movement ol oe- gotiatioi n Spain and < itain npon th itutional governnx tinoe to be administered in tl>.,. . ill be with bis mini . to them you will i een insl ructed to that the wish men! are that Cuba and Porto-Rico maj with ind itional Spain.' "Thirty erward, viz. : on the 4th day of January, senator from Michigan (Mr. Oass) without one word acknowledgmeu M .\ icy in instituting those I the ' manifest destiny' of the coun- try, submitted the resolutions which arc under consideration, and which an- in these words: — •• • /. S livet of the I >'. Tlial the United States do hereby ire, thai '/the An I tnd independent condi- tion which they I and maintained, are henceforth not to he future colonization by any European and while "existing rights should be . "and will be by the t to their ov. i . and into ••. ns ito-y "thai no fnture European colony or d in ion Khali, with their con- ACQUISITION OF CUBA. 155 Bent, be planted or established on any part of the North American conti- nent;" and should the attempt be made, they thus deliberately declare that it will be viewed as an act originating in motives regardless of their "inter- ests and their safety," and which will leave them free to adopt such meas- ures as an independent nation may justly adopt in defence of its rights and its honor. " ' And be it further resolved, That while the United States disclaim any designs upon the island of Cuba, inconsistent with the laws of nations, and with their duties to Spain, they consider it due to the vast importance of the subject to make known, in this solemn manner, that they should view all efforts on the part of any other power to procure possession, whether peaceably or forcibly, of that island, which, as a naval or military position, might, under circumstances easy to be foreseen, become dangerous to their southern coast, to the gulf of Mexico, and to the mouth of the Mississippi, as unfriendly acts directed against them, to be resisted by all the means in their power.' " In bringing together these actions of John Quincy Adams in 1S22, and of the senator from Michigan in 1S53, and placing them in juxtaposition in the history of the senate, I have done all that the senator from Michigan seems to have left undone, to vindicate the departed statesman from the censures heaped upon him by the living one in 1S50." After this vindication of the sage of Quincy, Mr. Seward availed himself of the opportunity to express his own opin- ions on the great subjects under review. In regard to the acquisition of Cuba, he says : — "While I do not desire the immediate or early annexation of Cuba, nor see how I could vote for it at all until slavery shall have ceased to counteract the workings of nature in that beauti- ful island, nor even then, unless it could come into the Union without injustice to Spain, without aggressive war, and without pro- ducing internal dissensions among ourselves, I nevertheless yield my full assent to the convictions expressed by John Quincy Adams, that this nation can never safely allow the island of Cuba to pass under the dominion of any power that is already, or can become, a formidable rival or enemy ; and can not^ safely consent to the restoration of colonial relations between any por- tions of this continent and the monarchies of Europe." In February the important question of our u Relations with Mexico, and the Continental railroad," was debated 156 RAILROAD [RON — SPEECH. in the senate. The speech of Mr. Seward on that rab- I abounds in lucid views of national policy.' On the proposal to abolish or Buspend the duty on for- ii railroad iron, Mr. Seward addressed the senate in one of his most characl i In this speech we find the following warning to the country of the dan of an approaching revulsion in railroad affairs no less just than, as it now ap . prophetic : — •• ! ask, now. what is tl extraordinary meas- I It is that it will encourj railroads. Sir. I hi en of it Bpent in pul action, in encouragi Is ami railroads. I am a friend to and raih but 1 Bhow my fidelity I i them in adheri bem when they are onpopnlar and nee 1 help, and support, and patronage, and not when they have pa- alarming for i: ly upon ent mntry 1 Do jrou ■x how many railro Xou are making Ive thousand miles i '"1 Stat idy. fast, i 1 do not rely upon your own re making them at all, but you are selling the credit of individuals, towns, counties, and Btates, throughout the I i in, in untold amounts, and constituting an i ite debt than any amount which any man ever presumed it would be safe for this country to owe to fo] Fourrail- roads are not no* , biefly b; ipl to their stock. There are Bmall Buhstratum subscriptions, then m< on the road, then -. then third mortgaj • . until the credit of whole communities is pledged, and pledged to English capital] "We arc pledged in London for tl of nearly all our rail- roads, i hue capital is being diverted, bo that there is do place in the United 5 vhere there is not a railroad being made. "There are already half • railroads from the point of Lake Erie to the city of New fork, all converging there, be- cause railroads ha pillar and profitable. Bo it is * See Vol. III., p. 656. f S, ., Vol. III., g RAILROADS SPEECH. 157 throughout New England and throughout the west. Now it is not possible that the railroad enterprise in this country can ab- sorb capital in an exclusive degree without producing an injury, not only to that enterprise and those subservient to it, but also injurious to other enterprises which increase the vigor and pro- mote the progress of the country. Does any man doubt it ? What did we do ten years ago, when we embarked in building canals and railroads so deeply, and pledged our credit so far, that the construction of every canal and railroad had to be sus- pended 1 What happened in England on a like occasion, but that a great railroad-king projected railroads all over the island ; and so much capital was invested in them, that all at once the bubble was pricked, and the whole enterprise collapsed, bring- ing on general stagnation and bankruptcy 1 This is the ten- dency of things here now. I am not by habit a croaker ; but I can see that, unless the national government shall act so as to restrain rather than encourage and stimulate this excessive spirit of speculation in railroad investments, just such a collapse will happen here. Railroads do not need protection ; iron manufac- turers do need it. Through the town in which I live, and the towns adjacent, the people, carried away by railroad enthusiasm, have applied to the legislature for permission to mortgage their whole property for the making of railroads ; and yet there is not one railroad which they are thus making, in which foreign capitalists will invest a dollar, except they have collateral, per- sonal, or public security. But you will tell me that Congress has not encouraged railroads. Congress has already encouraged railroads by donations of duties on foreign railroad iron exceed- ing the sum of three millions of dollars. Congress has already, with almost a unanimous vote in this chamber, given to every western state land enough from the public domain — as much as they said was necessary — to construct a web of railroads now in progress and advancing to its completion, covering over the whole of the territories of the United States from the shores of the Atlantic to the Mississippi river, and even crossing that broad line, and advancing precisely upon the same system and same policy toward the base of the Rocky mountains. We have done enough, unless we have some other resources — some other revenues which we can apply to this great and beneficent 158 ORATION AT COLUMBUS. enterprise of the nge ; and we have no other, if the only other one is the sacrifice of the mining interest of iron in the old Atlan- tic state-. Sir, I have voted land by the square league across the continent, and twenty millions of dollars ont of the public treasury for railroads. I will not vote one dollar out of the iron- mines of my country, at tl. f the owner, and of the miner who is engaged in drawing its wealth to the surface." This was followed by a speech on " Texas and her Cred- itor.-.'" which cl e list of Mr. Seward's senatorial irta during thai Congress. Both of these speeches are marked by the admirable union of statistics, general reason- ing, and lofty sentiments of which the texture of his delib- erative eloquence is compose I. After an extr ion of Beveral weeks called by the new administration to consider executive appointments, the Benate adjourned in April. L853. Mr. Seward was occupied during the Bummer in th> i courts of the United . but he found time to accept an urgent call to deliv- er an add dedication of Capital University at Columbus the ivernment in the state of ( >hio. This address rises to the dignity of an oration and pi >ads the of human nature i icially committed to the e n\' the people of tb • United Si It closes with an eloquent Bhowing of the responsibilities, in this respect, of the college or the university as an American institution. f Mr. Seward's Btudies during the recess of Congresscl with the delivery of an address before the American Ensti- tute at New Fork i 20th of October, 1853. This address was a Btirring appeal to i 1 !" American people to rise i" a higher tone of individual and national indepen- dence, in thought, sentiment, and action. While every pari of it was received with distinguished favor, no part was more just or more highly appreciated than the follow- ing touching tribute to the memory of James Tallmadge: — Vol in., p. f This address will bfl found unong tb« sections in thii volume. AMERICAN INSTITUTE ADDRESS. 159 " I have been for many reasons habitually averse from min- gling m the sometimes excited debates which crowd upon each other in a great city. There was, however, an authority which I could not disobey, in the venerable name and almost paternal kindness of the eminent citizen, who so recently presided here with dignity and serenity all his own ; and who transmitted the invitation of the Institute, and persuaded its acceptance ! " How sudden his death ! Only three weeks ago, the morn- ins: mail brought to me his announcement of his arrival to ar range this exhibition, and his summons to me to join him here ; and the evening despatch, on the self-same day, bore the pain- ful intelligence that the lofty genius which had communed with kindred spirits so long, on the interests of his country, had de- parted from the earth, and that the majestic form which had been animated by it, had disappeared for ever from among living men. " I had disciplined myself when coming here, so as to purpose to speak no word for the cause of human freedom, lest what might seem too persistent an advocacy might offend. But must I, therefore, abridge of its just proportions the eulogium which the occasion and the character of the honored dead alike demand ] " The first ballot which I cast for the chief magistracy of my native and most beloved state, bore the name of James Tall- madge, as the alternate of De Witt Clinton. If I have never faltered in pursuing the policy of that immortal statesman, through loud reproach and vindictive opposition during his life, and amid clamors and contentions, often amounting almost to faction, since his death, I have found as little occasion to hesi- tate or waver in adhering to the counsels and example of the illustrious compeer, who, after surviving him so many years, has now been removed, in ripened age, to the companionship of the just. How does not time vindicate fidelity to truth and to our country ! A vote for Clinton and Tallmadge in 1824, what censures did it not bring then ? Who will impeach that ballot now ? " A statesman's claim to the gratitude of his country rests on what were, or what would have been, the results of the policy he has recommended. If the counsels of James Tallmadge had 1G0 EULOG1UM ON JAMES TALLMADGE. completely prevailed, then not only would American forests, mine-, Boil, invention, and industry, have rendered our country, now and for ever, independent of all other nations, except for what climate forbids; but then, also, no menial hand would ever have guided a plough, and no footstep of a Blave would ever have been tracked on the soil of all that vast part of our national domain that stretches away from the banks of the Mii Lssippi to the far western ocean. "This was the policy of James Tallmadge. It was worthy of Now fork, in whose name it was promulgated. It would have been noble, even to have altogether failed in establishing it. Ho was successful, however, in part, though only through unwise delays and unnecessary compromises, which ho strenu- ously opposed, and which, therefore, have uol impaired his just fame. And so in the end, ho more nearly than any other citi- zen of our time, realized the description of the happiest man in the world, given to the frivolous Croesus by the great Athenian : 'Ho saw hi- offspring, and they all Burvived him. At the <- ; of an honorable and prosperous lit''\ on the field of civic victory, he d with the honors "t" a public funeral by tin- b! thai he had enriched, adorned, and enlarged.'" THE NEW ADMINISTRATION. 161 CHAPTER XXI. THE XXXIIld CONGRESS — NEBRASKA. Upon the accession of Mr. Pierce to the presidency, high expectations were formed of great and beneficent legisla- tive action by the first Congress under his administration, which met on the first Monday in December, 1853. Among the measures which, it was anticipated, would come up for consideration were the modification of the tariff, so as to enlarge the field of national industry — the construction of a railroad between the Atlantic states and the Pacific ocean — the substitution of a system of gratuitous allot- ments of land, in limited quantities, to actual settlers, in- stead of the policy of sales of the public domain — the im- provement and reform of the army and navy — the regula- tion of the commercial marine in regard to immi grant passengers — the endowment of the states with portions of the public land, as a provision for the care of the insane within their limits — the establishment of steam-mails upon the Pacific ocean — and the opening of political and commercial relations with Japan. Mr. Seward addressed hrmself to the accomplishment of these important objects with his accustomed diligence and zeal. Early in the session he introduced a bill for the con- j struction of a railroad to the Pacific, and another for the establishment of steam-mails between San Francisco, the Sandwich Islands, Japan, and China. The times seemed favorable for such legislation. The public treasury was oversowing. The slavery agitation had died away both in Congress and throughout the country. This calm, how- 162 NEBRASKA IN THE SENATE. ever, was doomed to a sudden interruption. The prospect of such extended beneficent legislation was destroyed by the introduction of a measure, which at once supplanted all other subjects in Congress, and in the political interest of the people. This was the novel and astounding proposal of Mr. Douglas of Illinois, in relation to the Kansas and Nebraska territories. The country saw with regrel and mortification, the homestead bill transformed into one of mere graduation of the prices of the public lands. The bills for the improvement of the army and navy, and the bill for regulating the transportation of immigrants were dropped, b >ming to maturity. The bill for a grant of lands to the Btates in aid of the insane, was defeated in the senate for want of a constitutional majority, after hav- ing been 7etoed by the president. The bill for establishing tin- Pacific railroad was 1"-; for want of time to i >it; and the bill for opening Bteam communication with the East, after passing the senate failed for want of considera- tion in the house. The administration had a majority of nearly two to one in both bran Congress. The op- ponents of introducing Blavery into the free territories, were in a decided minority in the house, while they consti- tuted Less than one fifth of the senate. The measure, already alluded to, which produced this sudden derangement in Congress, was a provision in the bill for the organization of a territory in Nebraska, declar- ing that the which might, at any future time, be formed in the aew territory, Bhould Leave the question of Blavery to be decided by the inhabitants, on the adoption of their constitution. This provision, as explained by the bill itself, was the application to Nebraska of the policj tablished in regard to Qtah and New Mexico by the com- promise of l s -"» prpti insi any repeal or violation of tlif Missouri Compromise, with which you have li >red me, has been received. My constanl attendance here is required by the interest which the city of New York and tin- Btate of New York have in the great projects of b railroad to San Francisco, and flic extension of our commerce to the islands and continents divided from us by the ocean, which are now being LETTER TO THE NEW YORK MEETING. 165 matured in committees to which I belong. Moreover the day designated for the meeting is one upon which the senate may- be brought to a vote upon the bold and dangerous measure which has so justly excited the patriotic apprehensions of the citizens of the metropolis. I could not be safely absent from the capital under these circumstances, even if my attendance in New York would otherwise be proper. " You have kindly asked me, in view of this inability, to give you such an expression of my ' sentiments as may help to arouse the North to the defence of its rights, and the South to the maintenance of its plighted honor.' Permit me to say, in re- sponse to the appeal, that when the slavery laws of 1850 were under discussion in the senate, I regarded the ground then de- manded to be conceded by the North as a vantage ground, which, when once yielded, would be retrieved with infinite difficulty afterward, if, indeed, it should not be absolutely irretrievable ; and that I, therefore, in my place as a representative here, said and did all that it was in my power to do and say, and all that I could now do and say, to ' help to rouse the North to the de- fence of its rights, and the South to the maintenance of its hon- or.' When, afterward, eminent members of Congress, who had been engaged in passing those laws, carried an appeal against those who had opposed them before the people in their primary assemblies, I declined to follow them then, and I have ever since refrained from all unnecessary discussions of the slave laws of 1850, and of matters pertaining to slavery, even here, as well as elsewhere, because I was unwilling to injure so just a cause by discussions which might seem to betray undue solicitude, if not a spirit of faction. We have only now arrived at a new stage in the trial of that appeal. For it is quite clear that if the slavery laws had not been passed in 1850, for the territories acquired from Mexico, there would have been no pretence for extending such slavery laws now, over the territories before ac- quired from Louisiana, and that if we had maintained our ground on the laws of freedom, which then protected New Mexico and Utah, we should not now have been attacked in our stronghold in Nebraska. It is equally evident, also, that Nebraska is not all that is to be saved or lost. If we are driven from this field, there will yet remain Oregon and Minnesota, and we who 166 SPEECHES ON THE NEBRASKA BILL thought only so lately as 1S49 of securing some portion at least of the shore of the Gulf of Mexico and all of the Pacific coast to the institutions of freedom, will be, before 1859, brought to a doubtful struggle to prevent the extension of slavery to the shores of the great lakes, and thence westward to Puget's sound. I hope, gentlemen, that for one, I may be allowed to continue to the end that abstinence from popular agitation which 1 have heretofore practised, lees from considerations of self-respect than from my confidence in the Bagacity and virtue of the people 1 represent. Nevertheless, 1 beg you to be assured that, while declining to go into popular assemble in agitator, 1 shall endeavor to do my duty hero with as many true men as shall be found in a delegation, which, if all were firm and united in the maintenance of public right and justice, would be able to control the decision of this great question. Bu1 the measure of Buccess and effect which shall crown our exertions must depend now, as heretofore, on the fidelity ^ith which the people wlmni we represent shall adhere t<» the policy and principles which are the foundation of their own unrivalled prosperity and greatm " 1 am, gentlemen, with great respect and esteem, your obedi- ent servant, " Willi \.m II. Sbvi \ki»." The pledges given in this letter were nobly fulfilled. The first of his B] toes* on tl aska bill was a pro- found ami dispassionate statement of the whole argument inM the measure in question. Though it failed of pre- venting the accomplishment of the measure in Congress, it acted, with magnetic power, on the people of the free states, arousing them to a Bpirit of unconquerable resistance t<>the Lavery. It was a gloomy night for the lovers of fr lom in those Btates, when the telegraphic despatches flashed throughout the country, announcing that the ill-omened bill was on its final reading in the senate, ami that its inevitable enactment was near at hand. Mr. - ward chose that hour of intense excitement to close the »ate "ii his part. He commenced his Bpeech with these solemn and impressive words : — * See page 351 of this volume. CLOSE OF THE DEBATE. 167 " The sun has set for the last time upon the guarantied and cer- tain liberties of all the unsettled and unorganized portions of the American continent that lie within the jurisdiction of the United States. To-morrow's sun will rise in dim eclipse over them.* How long that obscuration shall last, is known only to the Power that directs and controls all human events. For myself, I know only this — that now no human power will prevent its coming on, and that its passing off will be hastened and secured by others than those now here, and perhaps by only those belonging to future generations " We are on the eve of the consummation of a great national transaction — a transaction which will close a cycle in the his- tory of our country — and it is impossible not to desire to pause a moment and survey the scene around us and the prospect be- fore us. However obscure we may individually be, our connec- tion with this great transaction will perpetuate our names for the praise or for the censure of future ages, and perhaps in regions far remote. If, then, we had no other motive for our actions but that of an honest desire for a just fame, we could not be indifferent to that scene and that prospect. But indi- vidual interests and ambition sink into insignificance in view of the interests of our country and of mankind. These interests awaken, at least in me, an intense solicitude." He then proceeded to review the sophistries which had been offered in defence of the bill, and pointed out its calamitous tendencies, with a clearness and power that might almost have arrested its progress even on the verge of enactment. Presenting to the free states the evidences of their ability to procure a repeal of the law, he urged, by conclusive arguments, the importance of such a step, and at the same time luminously expounded the methods of excluding slavery from Nebraska, and the vast, unsettled regions of the West, by promoting a wide and rapid emi- gration into the territories in question. The effect of this speechf was cheering in the extreme. It threw a rainbow * It will be remembered that an almost total eclipse of the sun actually occurred on that day — the 26th of May, 1854. — Ed. f See p. 384 of this volume. L68 THE CLERGY OF NEW ENGLAND. over the dark cloud that hung over the country. The aus- picious omen was accepted. And the faith of the people has been rewarded by the most gratifying results in the recent elections. Beside these two important speeches, Mr. Seward made era! other elaborate efforts in the senate, addressing that body on the bills which have been already enumerated. During the discussion of the Kansas and Nebraska bill in the house of representatives, a memorial remonstrating against the repeal of the Missouri compromise, signed by three thousand and fifty clergym m of New England, was presented to the Benate by Edward Everett. Mr. Douglas and other senators attacked this memorial with great vio- lence, severely criticising its Langu illing in question it- propriety, and denying tin- claim of its authors to a hearing in the Benate. Mr. Seward defended the course of the ini.Mnnriali.-i-, and maintained the right of petition on it- broadest grounds. A refei emarks on this Bubject will show the character <>f his positions, and the vigor and acumen with which they were sustained/ Two unusually important treaties were ratified by the ate in executive or l, during tin.- null- ing <>f Congress. < me is known as the " < ladsden Treaty " for tin- settlement of our relations with Mexico and tip- other, as tin' " Reciprocity Treaty" for the regulation of trade between Canada and the Onited States. Mr. Seward is underst 1 to have opposed the former, while he gave support to the Latter. It will be Been that Mr. Seward has not been an idle Bpectator of the proceedings of the Benate. Bis voice haa been raised on the most momentous questions in thj halls •• where debate either wins a great influence or utterly wastes the speaker's power." No one run doubt the ei of his active participation in the senatorial Btrife on his own fame. Bis Bpeeche aot only been heard with * B< thil volume. ADDRESS AT YALE COLLEGE. 169 profound respect in the august forum, where they were de- livered, but they will be read with instruction and delight by the most intelligent portion of our republican population. Rich in significant lessons of statesmanship, abounding in the treasured wisdom of years of study and practice in affairs, breathing a spirit of the most expansive humanity, and adorned with the classic embellishments of a suscepti- ble and refined taste, they form an interesting memorial of the progress of American letters. Mr. Seward, we are persuaded, will henceforth occupy as enviable a place among the writers of his country, as he has long held among her practical statesmen. In addition to his elaborate speeches in the senate, Mr. Seward has often taken an incidental part in important de- bates, a record of which is preserved in the collection of his works. After the decease of Henry Clay and Daniel Webster, he delivered, a tribute to the memory of each of those illustrious statesmen, in chaste and discriminating sketches of their characters. For justness and vigor of conception, elevation of feeling, and felicity of diction, these are scarcely inferior to the best specimens of mortuary elo- quence in our language.* Just before the adjournment of Congress (on the 26th of July), Mr. Seward delivered the annual oration before the Phi Beta Kappa society of Yale college, on which occasion he received the honorary degree of Doctor of Laws. The subject of his discourse was " The Physical, Moral, and Intellectual Development of the American People," which he treated with a masterly discrimination and vigorous elo- quence that commanded the admiration of a highly intellec- tual audience, and strengthened his well-earned title to oratorical fame.f Mr. Seward has now been nearly six years in the senate of the United States. Of his conduct in that exalted sta- tion, the speeches and debates now published, afford the * See Vol. TIL, p. 104. f See p. 291 of this volume. S 170 CONCLUSION. most authentic illustration. Amid the heated excitements of the da}*, he has been found calm, watchful, and earns on the post of duty. Trustfully biding his time, he has cherished no anx vindicate his reputation from I aspersions of his oppom -. save ;■ a uniform course of well-doing. In tl rdenl zeal of senatorial debate, he has nci decorum belonging to the place. Often the i of violent personalities, he has entleman and the dignity of id aim bo violate ameniti life, nor to reply to ill-man- .t in kind. Bis fidelity to his political i has often been the During the administration which fol- d of Mr. S >f iich partiality, to removal. Bui that admin- ■ into power through ' the whig pai ■ ed his trust. Elence, it never id to r . rd. Be ha no Buitable o efend it : he has never [t is Baid, and w «• In '; ily, he promptly sustained all its nominations to offi ire in his pnblii ■ principle. Guided not !•• worldly policy, or motives of Becular expediency, but by the radiant light of ideal truth. Ids coin-- has been like . faithfully Bteering by 1 luminaries. J. ents the > Whatever the Bphere in which he : d, ii is certain that he will bring Ited talents to the performance of the humblesl as well -. postponing all private interests to his love of humanity, and seeking as the highest boon of a mai . i ! ." realization of truth, justice, and love, in the society. SELECTIONS. INTRODUCTORY NOTE. The Selections which follow have been made partly for their literary merits, and partly on account of the sentiments they contain, as well as for the purpose of illustrating the preceding Memoir. The arrangement of the extracts under the several heads of Agriculture, Internal Improvements, Education, Free- dom, Commerce, and Miscellaneous, has been adopted for the greater convenience of reference. It need not be remarked, perhaps, that these selections embrace but small portions of Mr. Seward's Speeches or Writings on any of those topics. The limits of the volume have excluded much that might have been considered equally pertinent and valuable. It is believed, however, that they present a fair and faithful exposition of his views. The difficulty of making the wisest selections, where so much must necessarily be omitted, will readily occur to the reader. Neither is it necessary to say, here, that more or less injustice must always be done to any author by detaching portions of his writings from their original connections. For this reason, as well as for a want of room, we have forborne to make even the briefest extracts from some of Mr. Seward's most eloquent 174 INTRODUCTORY NOTE. and important productions. Among these may be named his " Xotes on New York" — his " Virginia Correspondence" — his "Letters from Europe" — and his Enloginms on Lafayette, John Quincy Adams, Daniel "Webster, and Henry Clay. Room has been made, however, for his Oration at Columbus, on the "Destiny of America," and for his two Speeches in the Senate on the " Nebraska Question," entire. They were deemed too important to be omitted or abridged. His defence of the Right of Petition, on the occasion of the reception of the Memorial from the Clergy of New England in the Senate, has also b< tained, substantially, in full. Beside these and others, in the following pages, a number of extracts of especial interest and of considerable length, it will be observed, have been included in the Memoir; among which are several Arguments at the bar, on Invention, on the Fugitive-Slave Law, in defence of William Freeman, and of Abel 1'. Fitch and oth- ; the Speech at Cleveland on the relative position of par- on the slavery question ; the vindication which he belongs ami greater than those which have gone before it I Fellow-citizens, if you would thus distinguish the genera- tion to which you belong, of which you are a part, you must AGRICULTURE. 177 have a wiser and more enlightened system of agriculture than that of your predecessors. I appeal to the learned men whom I see around me — is the science of agriculture peculiarly diffi- cult to explore and perfect 1 Quite the contrary. Chemistry, mineralogy, botany, and physiology, the ancillary sciences, have already given up the secrets of the composition of the soil and of the atmosphere, and the laws which regulate the germination and growth of vegetable and animal organisms. What remains seems to be little more than the reduction of truths already known into methodical forms, for the purposes of instruction, with guides to their application under the widely-varying cir- cumstances of soils, climates, and seasons. Notwithstanding these obvious truths, and notwithstanding that agriculture, as it was the first, has also always been the most general pursuit of civilized men, yet it is nevertheless true that it has been, more than all other sciences and arts, neglected. We generally plough, we sow, and we reap, not with enlightened knowledge of the processes we prosecute, but by habit, and with a blind following of customs established before that knowledge had been gained. We suffer disappointments which we might have pre- vented, and, charging the misfortune to accident and destiny, we perseveringly renew our culture in the same — I had almost said wilful — ignorance, and at the risk of the same ever-recur- ring disasters. Permit me to say plainly and with some emphasis, that this indifference to agricultural science can not be suffered to continue. While commerce, aided by vigorous and well-sustained inven- tion, is reducing the dangers and diminishing the cost of naviga- tion, and thus bringing the similar productions of various nations into competition in common markets, population is crowding on subsistence in many countries, so rapidly as to oblige them to study intensely how to increase the fruits of the earth which constitute that subsistence. The statesmen of Great Britain and continental Europe have already employed science to check the tide of an impoverishing and exhausting emigration. Even, therefore, if we should continue to neglect agricultural improve- ment, England, Ireland, France, Spain, Italy, Germany, and Russia, would not. They must improve, are improving, and will continue to improve, agriculture ; and if we neglect to follow — 8* 178 SELECTIONS. iv, and if we fail to keep up with them in that improvement, they -will not only exclude us from foreign markets, hut will even ultimately undersell us in our own. A pretty figure we should make in that case. This is -what they are already doing in manufactures, and by the process I have indicated. I think that there is no lack of schools and seminaries nnd prof adapted and qu r advancing and dissem- inating agricultural seiem at seminaries, and the ten- .' natural .. are quite sufficient; nt, and laboratories* are not want- ry. "What then is wanting ) < mly pupils. The '■ > n — not agricultural pursuits, what an ions — rush by in mathemati I tainly the ; to i b< n no one will listen to I he already has. A desire to communicate to otl ers, is .-.' - with the passion fo* the pursuit Why then are there i Tl fault — again I pray Ion my 1 liiefly with the faru ry to him who is to inner. General ped farms, and ply the candidates for Bnt the f ■ oerally I prejudice that iculture is a Bimple, easy art or trade, which can I i up and prenticeship, and that theoretic precepts Berve only to misl and I i ntrary, Natm all the human f;i incomph by general education nnd by training for I and distinct pui nil . She has left those facultie nd without adaptation, in the far- i than in er. Her laws are ' and in flex* ible. B only have perfi d i Man can do nothing well, and h do nothing .-it all, 1-ui by the guidance i f cultival »n. Notwithstanding admitted differences of nat oral capacity, and of tnd incli AGRICULTURE. 179 practically and generally true, that success, and even distinction and eminence, in any vocation, are proportioned to the measure of culture, training', industry, and perseverance, brought into ex- ercise. So he will be the best farmer, and even the best woods- man or well-digger, as he will be the best lawyer, the greatest hero, or the greatest statesman, who shall have studied most widely and most profoundly, and shall have labored most care- fully and most assiduously. There is another prejudice even more injurious than that which I have thus exposed. The farmer's son is averse from the farmer's calling. He does not intend to pursue it, and is always looking for some gate by which to escape from it. The prejudice is hereditary in the farmhouse. The farmer himself is not content with his occupation ; nor is the farmer's wife any more so. They regard it as an humble, laborious, and toilsome one ; they continually fret about its privations and hardships, and thus they unconsciously raise in their children a disgust toward it. Is not this at least frequently so % Is there a farmer here who does not desire, not to say seek, to procure for his son a cadet's or midshipman's warrant, a desk in the village-lawyer's office, a chair in the physician's study, or a place behind the counter in the country store, in preference to training him to the labors of the farm I I fear that there is scarcely a farmer's son who would not fly to accept such a position, or a farmer's daugh- ter who would not prefer almost any settlement in town or city, to the domestic cares of the farmhouse and the dairy. Whence is this prejudice % It has come down to us from ages of barbarism. In the savage state, agricultural labor is despised, because bravery in battle, and skill in the chase, must be en- couraged ; and so heroism is still requisite for the public defence in the earlier stages of civilization, and the tiller of the soil, therefore, rises slowly from the condition of a villein, a serf, or a slave. Nevertheless, ancient, and almost universal, as this prejudice is, I am sure that it is unnatural to mankind in ripened civilization, such as that at which we have arrived. Of all classes of men, we practically have the least need of hunters ; and we employ very few soldiers, while the whole structure of society hinges on the agricultural interest. A taste, nay, a passion for agriculture, is inherent and universal among men. The soldier 1 80 SELECTIONS. or the sailor cares little for learning, mechanism, or music ; but the solaces of his weary watchings and his midnight dreams are recollections and hopes of a cottage-home. The merchant's anxieties and the lawyer's studies arc prosecuted patiently for the ultimate end of graceful repose in a country-seat ; and luna- tics, men and women, are won back to the sway of reason by the indulgence of labor in the harvest-field, and the culture of fruits and flowers in the gardens of the asylum. I know that frivolous persons, in what is called fashionable society, who Bleep till noon, still continue t<> depreciate and despise rural pursuits and pleasures. Ihu what are the opinions of Buch minds worth I They • qually depreciate and despise all labor, all industry, all enterprise, and all effort ; and they reap their just reward in weariness of themselves, and ill the con- tempt of those who value human talents, not by th.' depth in which they are buried, but by the extent of their employment for the benefit of mankind. The prejudice, however, musl be expelled from the fanner's fireside : and the tanner and his wife must do this themselves. It is as true in thifl Case as in the more practical one which the rustic poet had in view : — "The wife t..., must husband, as wall ai the man; Or farewell thy husbandry, do whal thou ••at:." Let thrin remember, that, in well-constituted and bighly-ad- iety like our-, intellectual cultivation relieves men from labor, hut it does not at all exempl them from the prac- tice of industry; that, on the contrary, it obliges the universal exercise of industry; and that, notwithstanding the current use of the figures of speech, "wearied limbs, sweating brows, hard- ened sinews, and rough and blackened hands," there is no avo- tion in our country that rewards so liberally with health, wealth, and honor, a given application of well-directed industry, as does that of the tanner. It' he |g surpassed by persons in other pursuits, it is not because their avocations are preferable to his own, but because, while he has neglected education and training, they have taken care to Becure both. "When these convictions shall have entered the farmhouse, its respectability ami dignity will be confessed, [ta occupants will ird their dwellings and grounds, not ; i- scenes of irksome AGRICULTURE. - 181 and humiliating labor, but as their own permanent homes, and the homesteads of their children and their posterity. Affections unknown before, and new-born emulation, will suggest motives to improvement, embellishment, refinement, with the introduc- tion of useful and elegant studies and arts which will render the paternal roof, as it ought to be, attractive to the young, and the farmer's life harmonious to their tastes and satisfactory to their ambition. Then the farmer's sons will desire and demand edu- cation as liberal as that now chiefly conferred on candidates for professional life, and will subject themselves to discipline, in acquiring the art of agriculture, as rigorous as that endured by those who apprentice themselves to other vocations. Then, with the certain improvement of agriculture, we shall have the improvement and elevation of the agricultural class of American society. Have you considered how much that class renounce in denying themselves the self-improvement I have urged 1 Have you considered that in practice they widely renounce the functions of representation in the conduct of the government in favor of other classes, no more privileged than their own 1 This is unnecessary, unwise, unsafe ; indeed, it is not republican — it is not American. In nearly all civilized states, the farmers, or those who cultivated the soil, have consti- tuted far the greater part of the population. The chief control of society and government, then, it would seem, should, of right, have been vested in them. Yet, in truth, they have never, since the age of the patriarchs, attained any such control, except just here, and just now. In Great Britain they divide authority, but are overbalanced by merchants, manufacturers, and privileged classes. Notwithstanding modern constitutional concessions to them in France, they are nevertheless ruled there alternately by the city population and the army. In Germany, by the army. In parts of Italy, by the church ; and in Hussia they are slaves. It has always been otherwise here. Farmers planted these colonies — all of them — and organized their governments. They were farmers who defied the British soldiery on Bunker hill and drove them back from Lexington. They were formers — ay, Vermont farmers, who captured the fortress at Ticonde- roga, and accepted its capitulation in the name of the " Great 1 8 2 SELECTIONS. Jehovah and the Continental Congress," and thus gave over the first fortified post to the cause of ttie Revolution. They wore farmers who checked British power at Saratoga, and broke it in pieces like a potter's vessel at Yorktown. They were fanners who reorganized the several states and the fed- eral government, and established them all on the principles of equality and affiliation. In every state, and in the whole Union, thrv constitute the broad electoral faculty, and by their preponderating sufl the vast and complex machine is per- petually sustained ami kept in regular motion and operation, That it is in tin- 1 1 : .- 1 1 1 1 well administered, we nil know- by expe- ced security and happiness; that it might he better adminis- tir perpetual >r change fully proi that ir is ,-i [ministered no better, results from what I Prom the • that t! ral body, the farmers, int< and patri- i hey are, may neverth< .-nine more intelligent and more patriotic than they now arc The more intelligent an 1 patriotic they become, the mi e will be their control, and the wiser their direction • government. Is there not not need for more activity, energy, and efficiency, on their part, for their own security and welfare i In the federal government, commerce has ris minister and depart- ment, the 1 n and representative, and the arts their missioner and bureau. Bui I iculture has only a Bingle clerk in the basement of the patent-office. It is scarcely better in the Btates. An empty charter of incorporation, with a scanty endowment, con- stitutes substantially all that has been anywhere done for agri- culture. Gentlemen, 1 like not that it should be bo. < >ur nation rward in a high cai hocks and dan- i the utmost wisdom and virtue to guide it safely ; it needs the steady and enlightened direction which, of all othi the farmers of the United States < i ercise, because, being freeholders invested with equal power of suffrage, they arc al once the most liberal and the most conservative element in the country. — Address before Vermont Agricultural Society t Rutland, Sept. 2, 1852, AGRICULTURE. 183 SHje Same. But, gentlemen, in whatever direction your efforts may bo made, you will encounter difficulties and discouragements. You M ill be opposed by that contented spirit which regards every improvement as innovation, and which perpetually, though falsely, complains that mankind degenerate without making an effort to check the progress of error. You will be regarded as visionary by those who consider skill in acquiring, and success in retaining wealth, as the perfection of human wisdom ; but you will remember that such as these seldom bestow their coun- tenance upon the benefactors of mankind, nor does Fortune always distinguish them by her favors. Robert Morris, a finan- cier of the Revolution, died a bankrupt. Christopher Colles, our efficient advocate of inland navigation in the last century, was interred by private charity in the Strangers' burying-ground. The essays of Jesse Hawley, which demonstrated the feasibility and importance of a continuous canal from Lake Erie to the Hudson river, were sent forth from a debtor's prison ; and De Witt Clinton, whose name is written upon the capital of every column of our social edifice, was indebted to private hospitalitv for a tomb. It is the same generous and patriotic spirit which animated those philanthropists, and sustained them in their struggles with the prejudices of the age in which they lived, that I desire to invoke in favor of agriculture. This spirit, wisely directed, can not fail, for it has been irresistible in every department it has hitherto entered. But let us all remember that the only true way to begin reform is to find the source of error ; and that if we cultivate man, the improvement of the animal and vegetable kingdoms will surely follow. — Address be- fore N. Y. State Agricultural Society, Albany, Sept. 29, 1S42. INTERNAL IMPROVEMENTS. internal Xmjirobement tiir }]oltcn of tbr jfountirvs of Hie lUpublic. The principle of internal improvement derives ' ence from the gem rons impulses of the revolutionary age. li regards tbe future welfare, prosperity, and happiness of the people. Its agency is everywhere Balutary in encouraging emigration and the settlement and improvement of new lands, in augmenting national wealth, in promoting agriculture, commerce, manufac- tures, and the diffusion of knowledge, and in strengthening the bonds of our national Union. It i- recited in the Declaration of [ndependence as one of the wrongs committed by the king of dand, that he had endeavored to prevent the population of these st.itrs, and for that purpose bad obstructed the laws for the naturalization of foreigners, had refused to pass others to encourage their migration hither, and had raised the condition of new appropriations of lands. The father of his country could have had noi f the modern skepticism when in his firs! d nacre to < 'ongress he recommended a facilitation of tin- intercourse between distant part- of the country by a due attention to the The population of the United States was confined for almost two centuries to the Atlantic coast, but the mighty mind of Washington perceived that a region Gar in »re extended, fertile, and salubrious, lay beyond the border the thirteen states; that inasmuch as the amty of the Unio was distributed among the cultivators of the earth, the political power of tin 1 government would find a centre in that ion j that if the natural barriers between that region and the East should remain unchanged the West would at no distant po INTERNAL IMPROVEMENTS. 185 riod cast off its union with the maritime states : but that if the natural barriers could be surmounted by roads and pierced by- canals, connecting the inland navigation of lakes and rivers with tidewater, the wealth and population of the whole country would be vastly increased, and the states be bound together in an indissoluble union of interest and affection. Imbued with these sentiments, he stopped not in his farewell address to dis- cuss or to recommend his favorite policy, but boldly predicted as a certain event, that progressive improvement of interior com- munication by land and water, the auspicious results of which are only just beginning to be realized. It is a fact as interesting as it is instructive that the solicitude of the father of his country knew no rest after the achievement of her independence, but passed directly from the cares of that great struggle to the greater and even more glorious work of strengthening the union of the states and perpetuating their liberties. In 1783, immedi- ately after the close of the war, he proceeded up the difficult navigation of the Mohawk to Fort Stanwix, now the site of the town of Rome, and crossed to Wood creek, which empties into Oneida lake and affords an imperfect communication with Lake Ontario. The noble and patriotic sentiments inspired by his ob- servations were thus expressed : " Taking a contemplative and extensive view of the vast inland navigation of the United States, I could not but be struck with the immense diffusion and impor- tance of it, and the goodness of that Providence who had dealt his favors to us with so profuse a hand. Would to God Ave may have wisdom to improve them !" The connection of Lake On- tario with the Hudson by perfect canals instead of the difficult and obstructed navigation of the Mohawk and Wood creek, the mingling of the waters of Lake Erie with those of the same no- ble river by means of a canal, the conversion of Fort Stanwix into the centre of a constellation of cities and villages, with all the consequent benefits of those improvements, reflect additional glory upon the fame of Washington, and prove that the efforts of this state in fulfilment of his noble aspiration have been crowned with the blessing of that Great Being to whom it was addressed. His contemporary, Jefferson, one of the most saga- cious of American statesmen as well as one of the most ardent votaries of liberty, pronounced roads, canals, and rivers, to be 186 SELECTIONS. great foundations of national prosperity and union, and recom- mended to Congress the policy of applying the surplus revenues arising from imposts upon luxuries and from the sale of the public hinds, to the great purposes of public education, the im- provement of the navigation of rivers, the construction of roads and canals, and such other objects of public improvement as it might be thought proper to add to the constitutional enumera- tion of the federal powers: operations by which, as he well remarked, new channels of communication would be opened tween the Btates, the lines of their separation would disappear, their interests would be identified, and their union cemented by now and indissoluble ties. h is worthy of remark, that none of the distinguished founders of American Liberty stopped to calculate the question oi revenue when they recommended this enlightened policy, designed to increase the prosperity and cement the Union of the states. The distinction between internal improvements and measures of pub- he defence upon the -round that the former can nol as rightfully be carried on with the revenues of the state or with the use of its credit, as the latter is a refinement of modern times. The statesmen of the Revolution evidently regarded free intercom- munication as one of the means of national defence. Had it been then understood as is now a— -nod, thai internal improve- ment is b departure from the legitimate power of government, the opposition of the British king to emigration and bis raising the conditions of now appropriations of land, would have found no reprobation in the Declaration of [ndependence, and the improvement of roads and river- at the public expense would not subsequently have obtained an equal place with the promo- tion of public education in the executive recommendationi Washington and Jefferson. No such absurdity was then con- ceived as the proposition that while a nation may employ its rev- enues and credit in carrying on war, in suppn edition, and in punishing crime, it can not employ the same means to avert the calamities of war. provide for the public security, prevent sedition, improve the public morals, and increase the general happiness. — Axnt 1M0. INTERNAL IMPROVEMENTS. 187 internal Embroilment 2^tse anD Beneficent. When we look abroad through our country, and regard the improvements already completed, and the struggling efforts which are put forth by intelligent and patriotic men, with little of popular support or sympathy, in favor of others — and when we mark how surely and how speedily increased wealth and prosperity, and moral, social, and intellectual refinement, have followed the accomplishment of every enterprise which has been consummated — it seems passing strange that every advance of the system should have been contested against the incredulity of the people, and with a consent wrung from a hesitating and reluctant government. Hitherto the merit of the founders and advocates of the system has been enhanced more by their triumphs over popular prejudice and legislative repugnance than by their forecast of the rich blessings they called down upon their coun- try. We will not question either the necessity or the wisdom of the decision by which the great system of internal improve- ment has, with the apparent consent of the people, been rejected from among the responsibilities of the general government, inter- ested as that government is to secure the union of the states, and enriched as it is with the entire national domain and the exhaust- less resources of the commerce which owes its prosperity to that very system. But it is manifestly our right, as it is our duty, to carry forward the system with such agency and under such patron- age and sanction as the popular will recognises as legitimate for that purpose. It seems now to be settled that the agency consists in the combination of individual effort, under the sanction and patronage of the state government. To every region of our state the legislature owes a paternal care in this respect ; and its obligations are only limited by the condition of its resources, and the question whether such improvements as are contempla- ted will advance the public weal. We must expect to encounter local prejudices ; but these, when disclosed, are seldom able to defeat a meritorious enterprise. We must be prepared, by gen- erous and lofty motives, and patriotic and expanded views, to overcome the more formidable opposition which arises from an honest but often unwise application of republican economy. 188 SELECTIONS. It is well to remember that the experience of human govern- ment affords not a solitary instance in -which a st^te or nation became impoverished or subjected to an irredeemable debt by- works of internal improvement. Ambition, revenge, and lust for extended territory, have been the only eauses, and war al- most the sole agent in entailing those calamities upon nations. Palaces and pyramids, the luxurious dwellings of living tyrants, and the receptacles of their worthless ashes when dead, have in every country, bnt our own, cost more than all its canals and roads. Ancient Egypt and ancient Rome, modern Netherlands, England, and Prance, and even onr own peace-loving country (and these include the lands where art has expended the greatest effort in internal improvement), havr severally disbursed more in a Bingle war than was required t<> complete b etj stem <>t' improvements sufficient to perfect their union, wealth, and pow- er, and enable them to defy invasion or aggression. Internal improvement, then, is the antagonisl cause of national Luxury ami of war. It commands the support of those who would be- nevolently advance the ->. bappiness of the greatest num- ber, .'i^ well as tin' efforts "i those who would increase the na- tional power, elevate the national glory, and extend the sway of public virtue. A cause bo catholic, so enlightened, bo benev- olent, may well engage the exertions <'l" all good, wise, and pa- triotic citizens. It may - ■ t *r * - 1 1 encounter hinderances, not only in the fluctuations of commerce, hut from the drooping of popular feeling, and the diversity of local interests. But it may he main- tained by the exercise of that perseverance which alone crowns with Buccess the agency of human powers, and is itself little less than a positive virtue. — Addrest, N. Y.and /. Iroad C•> ntion, Elmira, 1 8 Internal Improvement the Ileal Source of ti)C IJyospeuti.) of "Xcto Yori;, anD t tic onln Suit iiouD of Union of the States. Wina will the people of the Btate of New York Learn to know and comprehend their own Btrength and their own resouro The New York ami Erie railroad, which ought to have been built for eight or ten millions, has been made, by delays and consequent charges and loss of interest, to cost twenty millions! INTERNAL IMPROVEMENTS. 189 The Erie canal enlargement, which ought to have been con- structed for about the latter sum, is prosecuted with timidity and even distrust, increasing its cost twofold, and postponing its ben- efits till those who must pay for it shall have gone down to their graves. Even now they tell us New York must hold in her breath, and forbear from speaking aloud for truth and justice, for fear of losing her trade and commerce. Her trade and commerce came to her, by no suppression of her principles and her senti- ments, but were drawn to her by her Atlantic position, and by her rivers, and her canals and railroads. They came not from favor, but because she of all others could pay most for what others had to sell, and could sell cheaper what others wished to buy. Her trade and commerce are held now on this tenure and condition, and in that lies the secret of the commercial su- premacy of New York. What is that secret 1 Statesmen and citizens of other states, here it is ! Here is Lake Erie. Stretching away for thousands of miles to the west lies the continent. Then almost at your feet is the Atlantic, the key of that continent. Far away in the east is the Old World, famishing for the supplies which that new country can supply. Here on the lakes which receive these supplies, and bear them in sloops, schooners, brigs, ships, and steam-vessels, and deposite them here on this isthmus, some three or four hundred miles wide, over which or through which they must be carried to the banks of the Atlantic coast, where other sloops, schooners, brigs, ships, and steamships, are waiting to waft them to Liverpool and London, and bring back the com- pensation to the cultivator. New York has only to cut a canal across this narrow isthmus, which is almost one continuous plain — a channel broad enough and deep enough to carry across the freight of the west which is to be transported to the east. A channel how large % Manifestly a ship-canal, because the com- merce on the lakes and on the sea employs fleets, and nothing less than ship-channels from Lake Erie and Lake Ontario would be adequate. The Erie canal, the Central railroad, the Northern railroad, and last, but by no means least, this great Southern railroad, all together contribute to that one great channel which New York 190 SELECTIONS. lias opened across the isthmus, enlarging it continually with the growing - exactions of commerce, adopting- at the same time the improvements suggested by art. This command of the commerce of this continent is the dowry of New York. All our merchants who were merchants have always undersl lit; all our statesmen who were statesmen have always labored to realize it. Those merchants who were I • merchants have built their enterprises on it unknowingly, and tho amen who were nol -men have labored to bnild the power an the Btate on other and unsub- stantial foundatii ns. This Becret, however, was not tin- discov- of OUT OWl ' od them ;ill. It re\ Baled itself to Washington in L783, when be had made his way. at the close of the war of tin \i v< tution, up the Hudson and the '.^. and aloi ! creek, and I I ike, and the , to the Bhore of I r the union of thi w hich was continent. He found that guaranty in I union, and be bbw thai commercial union rising out of the canals and roads which New Fork might construct across the isthmus on which he Thus 'n , that we have only 1 een executing the plans which wise and patriotic men designed for us I We have only been too timid and too slow. In L800, Gonverneur Morris predicted that in fifty - would sail out oi I. Brie, through the Hudson, to Liverpool. The half century is up, and the pn unfulfilled. Shame upon us! it might have been fulfilled, and ought to have ' n fulfilled in 1 and would have been, it' the public sen unn< sarily and unduly abandoned. G neur Morris | on'y a revenue and a quarter millions of dolh i tho whole navigation isthmus. One boat-canal ant] our rail ".hich are only the imperfect fulfilmi at of bis plan ol Iding Already nearly five millions. INTERNAL IMPROVEMENTS. 191 It is due to the truth of history to confess that the city of New York was sIoav to comprehend this great policy and her own great destiny. The state forced the Erie canal upon the city in spite of herself. The city of New York never gave a vote for the Erie canal until twelve years after its original construction. But it is equally true that the state then faltered and fell away, leaving the system to fall into ruins ; and its wrecks still present themselves to our view along all the routes of the canals and along the route of this great railroad. But then it was that the merchants of New York, who were merchants, came to the res- cue. Their city had trebled in population and quadrupled in wealth within twenty-five years by the operation of the Erie canal. They then made returns to the state for this great boon, by the construction of the New York and Erie railroad, which will serve to supply the deficiency of facilities for the commerce which grows faster than we can enlarge its channel. The suspension of this work in their hands on former occa- sions was the result of causes beyond their control. The com- mercial embarrassments of 1837 resulted in the suspension, not of this enterprise alone, but in the suspension of every enterprise of the sort in this state and in all other states, except that in- domitable and noble state, Massachusetts. The resumption and completion of it, after it had lost the public confidence and the favor of the state, are worthy to be held in respect and admira- tion by all men. All honor, then, to the merchants of New York [ I, whom they do not flatter, and who do not hesitate to say what I think to be the truth to them, am free to confess and to own before the world that they are the builders of the power and greatness of the state, and the saviors of the union of the states. But they do all this, not by going clown to Castle-Gar- den to resolve in favor of the Union, but by building canals and railroads, to increase the freedom of inland trade, and swell to its utmost limits foreign commerce. For my part, I have faith and trust in the wisdom and adap- tation of this noble system of union established by our fathers. I have faith unbroken in the loyalty of the people of all the states, in any hour of trial. I repose the fullest confidence in their patriotism. Let these bonds of union remain, and let me see this isthmus on which we stand, channelled and furrowed 102 SELECTIONS. by a river wide enough and deep enough to convey the products of the west with the least cost to the vessels which wait for them on the Atlantic. Let me never fail to see these iron chains forged and cast upon the territory within the several states, bind- ing it together with new and durable links as it grows broader and broader, and I shall care not who may agitate, nor shall I fear the utmost extension. The Union will be safe, for its curitv will 1"' anchored in the necessities and affections of tin' states and of the people. — Remark* at Celebration of i tion of N. Y. and Erie Railroad, Dunkirk, May 15, L851. Oc Suspension of ttir public Rforfts of Xflri York (fontmnnrti t'jnv Resumption &ecommen The fourth day of July last completed a quarter of a century Bince the Bystem of internal improvements was undertaken by this Btate. Within that period artificial navigation has been opened throughout equal to eight hundred and three miles : and animal power in transportation has gi\ en place to the Bteam engine on routes Beven hundred and fifty-seven miles in rtli ( rar revenues have been increased from four hundred and nineteen thousand and nine hundred dollars in L81*3 to one million, nine hundred and fifty-two thousand in I s 11; our school and literature funds have been doubled; the remote district the Btate have become the homes of an intelligent and industrious population ; four flpurishin and upward ofa hundred incor- porated villages have been called int or commer cial emporium has trebled in population and added one hundred and seventy millions to its wealth; the revenues, commerce, and physical Btrength, of the whole commonwealth have been aug- mented in almost an equal proportion; and the states are bound together with hands stronger than those of merely political com- pact, and the danger of disineml >ei inent is happily averted. ". Ym-k was the projector of the which, though incomplete, has produced these wonderful results; and she may point to it as a column designed and shaped by herself, to igthen and perpetuate the national structure. But the high career of prosperous and well-directed enter- prise lias been brought to a sudden and humiliating close. INTERNAL IMPROVEMENTS. 193 the first time in the quarter of a century which lias elapsed since the ground was broken for the Erie canal, a governor of the state of New York, in meeting the legislature, finds himself una- ble to announce the continued progress of improvement. The officers charged with the care of the public works, have arrested all proceedings in the enlargement of the Erie canal and the construction of the auxiliary works. The New York and Erie railroad, with the exception of forty-six miles from the eastern termination, lies in unfinished fragments throughout the long line of southern counties stretching four hundred miles from the Walkill to Lake Erie. The Genesee valley canal, excepting the portion between Dansville and Rochester, also lies in hopeless abandonment. The Black river canal, which was more than two thirds completed during the last year, has been left wholly unavailable. As if this were not enough, two railroads toward the construction of which the state had contributed half a million of dollars, and public-spirited citizens large sums in addition, have been brought to a forced sale, and sacrificed with an almost total loss to the treasury, without yielding any indemnity to the stockholders, and without even securing a guaranty that the people would be permitted to enjoy the use of the improve- ments. The painful emotions excited by the condition to which the public works are thus reduced, might be somewhat relieved if there were any well-grounded hope that their prosecution would be resumed within any reasonable period. But the provisions of the law suspending those works, as well as the contemporane- ous expositions of the grounds on which it was enacted, with every rational view which can be taken of its tendency forbid any such expectation. The policy of the act plainly is, that the debt of the state shall in no event be increased for the prosecu- tion of improvements ; nay, further, that the whole of the exist- ing debts shall be extinguished before any additional sum shall be borrowed, and that the accruing revenues, instead of being appropriated, as heretofore, to the prosecution of the works, shall be henceforth applied exclusively to the establishment of a fund for the extinguishment of the existing debts, although, with small exceptions, those debts are redeemable only at distant periods. It is but too apparent that these provisions render any further 9 194 ELECTIONS. progress in our public works wholly impracticable. The present generation, it* this law continues, must abandon all hopes of see- ing the system resumed, and it will only remain for them to pay the whole cost of the works, in a great degree useless because left unfinished, and hastening rapidly to dilapidation and rain. The objects which the legislature had in view, in directing the suspension of the public works were declared to be to pay the debts of tl . and preserve it- credit. The means of paying the debts are derived from revenues ami taxes. But the Btate, bo far from diminishing, has increased its indebt- edness, by becoming liable to contractors for heavy damages which might have I I by prosecuting the works j while, by discontinuing th< wry enlargement of the Erie canal, the increase of revenues hitherto bo constant and bo confidently relied upon for the reimbursement of th< is checked, and must ultimately cease Nor has the expectation of restoring the Btockfl <>f the Btate t>> their termer high valuation been ade- quately realized, and c< rtainly not to any extent commensui which have been made. The fiscal officers the state are net dow able t.i negotiate loans, even .-it Beven per C6 i ally for small amounts. Under tl circumstances, the inquiry arises whether tin- policy thus at- tempted ought to be continued. An imperative sense of duty compels me again t<> declare my conviction that it i^ radically wrong, and that erroneous views bave been taken of the causes of our embarrassment. The people, however, look not for temporary or partial relief, but for the re-establishment of tl >m of internal impr ment upon broad and impregnable foundations. Our fellow-citi- zens urge us to resume the public works, by pleading the dis- tress which their Buspeusion has already produced. They point ns to labor unemployed and to masses impoverished ; to agricul- ture unrewarded and burdened; to trade diminished and dis- couraged : to credit paralyzed ; to land and property depreciated, and passing from bands hardened with the labor of production into others that wait to gather the ripened fruits of industry : to disappointed expectations built on the public faith, which no damages can reach or compensate; to dilapidated structures INTERNAL IMPROVEMENTS. 195 with increasing expenditures ; to diminished revenues and pro- tracted taxation ; to increasing and hopeless embarrassment and decaying enterprise ; and to a long and cheerless decline, from a career in which so much has been won for the interests and honor of the state. But we need no such painful incentives. Progressive physi- cal improvement comprehending the North as well as the South, the East and the West opening every necessary channel and disclosing every resource which nature has bestowed, is emphat- ically the policy of the state. And we are required to return to the course we have left, by every consideration of duty to our- selves, to posterity, to our country, and to mankind. — Mes- sage, Extra Session, 1842. Weto STorfc anti iHassadjusctts/ May it please your Excellency, Gentlemen of the Senate and of the House of Representatives of the General Court of Massa- chusetts : In the name of the senate and of the assembly of New York, in my own behalf, and as well for the absent as for those pres- ent, with whom I have the honor to be associated in the affairs of that state, I tender to you acknowledgments for this cordial and fraternal welcome. Representatives are here from our com- mercial metropolis and our agricultural districts ; from the sea- coast and the shores of our lakes ; and from the valleys of the Susquehanna, the Delaware, the Hudson, and the St. Lawrence ; and their unanimity warrants me in tendering these salutations in the name of the people of New York. Not to know the wisdom, moderation, and virtue, of joxw counsels, would argue us unobservant of the prosperity and tranquillity of your commonwealth. I congratulate you, sir, the chief magistrate of that commonwealth [his excellency John Davis], upon this conjunction of two stars in our constellation as an event that will for ever signalize your career of public service. * The completion of the railroad between Boston and Albany was cele- brated by a meeting of the legislatures of Massachusetts and New York at Springfield, Massachusetts, in March, 1842, on which occasion Governor Seward delivered this speech. 196 SELECTIONS. Shall I not confess that the invitation which brought us here our -uprise? We had supposed that we were on the very eastern verge, and that all the broad and boundless West lay between us and the setting sun. But this improvement, which you have so strangely called the Western railroad, has changed our position, and we must now acknowledge ourselves your western brethren. We of New Xork are not a unique, or a primitive, or even a homogeneous people. We trace no common lineage to an unmingled ancestry. The colony of New Netherlands, which was tin- nucleus of our state has received accumulations from I. gland, from Ireland, Scotland, Germany, France, Poland, and from every other land, in modern Europe, where man has Buffered oppression, or arbitrary power has attempted to subject hia The nervous languages of the upper and the lower Rhine, and the Bofter dialects of the Mediter- ranean, mingle in our streets and in our distant settlements. A iong ns, be alone is of peculiar birth whose bl 1 allies him t ly one fatherland. It is one of our cares, by the agency of benign and equal institutions, to assimilate all these various masses, and reduce them to one great, harmonious, united, and happj people. Judge, then, with what interest we regard a com- munity to whom such efforts are unnecessary and unknown a community who, descended from a common Btock, have for two tunes remained .separate from otl dons of their race, and retained throughout all that time the primitive virtues, ener- . forms, and habits, of their ancestors. The impress of the New-England schoolmaster is Been every- where in our state, and you might obtain an acknowledgment from each one of her representatives here that he has profited by that teacher's instructions. Having thus known the school- master, it was among OUT motives to this visit thai we should the land whence he went abroad, and become acquainted with the people whoBe anc rected a church simultaneously with their dwellings, and a university within twelve years after their binding at Plymouth. Nor can wc foreet that it was M Lssachusetts that encountered ; and Buffered most from the tyranny which resulted in our national independence ; that the first blood shed in that sacred INTERNAL IMPROVEMENTS. 197 cause flowed at Lexington ; and that Liberty's earliest rampart was established upon Bunker's hill. Nevertheless the struggles and sacrifices of Massachusetts have until now been known to us through traditions not her own, and they still seem to have been those of a distant though an allied people — of a country separated from us by mountain-barriers such as divide every continent into states and empires. But what a change is here ! This morning's sun was just greeting the site of old Fort Orange as we took our leave ; and now, when he has scarcely reached the meridian, we have crossed our hitherto impassable barrier, and have met you here on the shore of the Connecticut, the battle-ground of King Philip's cruel wars : and before that sun shall set, Ave might ascend the heights of Charlestown, or rest upon the rock that was wet with the blood that flowed from the weary feet of the pilgrim-fathers. Sir, you have well set forth the benefits which will result to you, to us, to our country, and to mankind, from the triumph of modern science over the physical obstructions to intercourse between the American communities. I can advert to but one of these results — the increasing strength of the states, and the perpetuity of their union. New York, Massachusetts, and her sister-states of New England, will no longer be merely confed- erated states. Their interests, their affections, and their sym- pathies, will now be intermingled — and a common and invisible destiny, whether of good or evil, awaits them all. Had such connections existed when the British throne attempted to abridge the rights of the colonies, what power could have wounded Massachusetts when New York could have rushed to her de- fence? Could Great Britain and her savage allies have scourged so severely our infant settlements upon the Mohawk and the Susquehanna, if New England could have gone to their relief? How vain will be any attempt hereafter to array us against each other ! Since Providence has been pleased to permit these states to be thus joined together, who shall put them asunder 1 You have rightly assumed that on this occasion we indulge no jealousies of your prosperity, and no apprehensions of losing our power or influence. The Hudson is beautiful in our eyes, for it flows through the land of our birth, and our institutions and marts overhang its waters. But if its shores be not the 198 SELECTION-. true and proper sent of commerce and of empire, or if we have not the virtues and the energies necessary to retain our vantage-ground, we shall not try to check the prosperity or the political ascendency of our Bister-states. Far from indulging such nnworthy thoughts, we regard this and every other im- provement as calculated to promote our own prosperity, and, what is far more important than the advancemenl of our state or of yours, the union and harmony of the whole American fam- ily. The bond that brings as into bo close connection is capa- ble of being extended from your coast to the Mississippi, and of beii ted around not only New York and the first thirteen. but all the twenty-six is the policy of New York, and her ambition. We rejoice in your co-operation, and invite its continuance, until alarms of disunion shall be among the obsolete dangers of the republic. New York has been addressed herein language of maj nimity. It would not become me to speak of her position, her •r her influence. And yet 1 may, without offending the delicacy <»1 her representatives here, and of her people at home, claim that Bhe is ool altogether unworthy of admiration. Our mountains, cataracts, and lafc not be Burveyed with- out lifting the bouI on high. Our metropolis and our inland cities, our canals and railroads, our colleges and schools, and our Ive thousand libraries, evince emulation and a desire to pro- mote the welfare of our country, the | of civilization, and the happiness of mankind. While we acknowledge that it was r Warren that offered np bis life at Gharlestown, your Adams and your 11 w och who were the proscribed leaders in the Revolution, and your Franklin whose wisdom swayed its councils, we can not forget that Ticonderoga and Saratoga are within our holders — that it was a BOD of New York that fell in Bcaling the heights of Abraham — that another Bhaped every pillar of the Constitution and twined the evergreen around its capital — that our Folton Bent forth the mighty mechanical lit that lutionizing the world — ami that hnt fur our Clinton, his lofty genius and undaunted perseverance, this day and all its joyous anticipations had Blepl t her in the womb "t' tntni it \ . 'I'lir grandeur of this occasion oppresses me. It is not, as INTERNAL IMPROVEMENTS. 199 some have supposed, the first time that states have met. On many occasions, in all ages, states, nations, and empires, have come together. But the trumpet heralded their approach ; they met in the shock of war : one or the other sunk to rise no more, and desolation marked, for the warning of mankind, the scene of the fearful encounter. And if sometimes Chivalry asked an armistice, it was but to light up with evanescent smiles the stern visage of war. How different is this scene ! Here are no con- tending hosts, no destructive engines, nor the terrors nor even the pomp of war. Not a helmet, sword, or plume, is seen in all this vast assemblage. Nor is this a hollow truce between con- tending states. We are not met upon a cloth of gold, and. under a silken canopy, to practise deceitful courtesies ; nor in an am- phitheatre, with jousts and tournaments, to make trial of our skill in arms preparatory to a fatal conflict. We have come here enlightened and fraternal states, without pageantry, or even insignia of power, to renew pledges of fidelity, and to culti- vate affection and all the arts of peace. Well may our sister- states look upon the scene with favor, and the nations of the earth draw from it good auguries of universal and perpetual peace. 200 EcnoNS. EIM'IMTION. Or proper llnnflc of gfrpular Uduration. r ib remember ad inculcate upon the peo- ple, tli.it our ]• thus far has but led us to the vestibule of knowledge. When w< otent In the belief that they know all that is known or is desirable to be known, let as instruct them tli.it the] :ience that will reveal to them the hidden and perpetual fires in which are continually carried on the formation and modification of the ro< h compose this apparently Bolid globe, and from wl te changes is de- l the sustenance of all that stable life with which it is clothed : that another will disclose to them the ele- ments and properti those metals which men combine or shape with ■ the thousand implements and machines by the use of which tl rid bas been converted into a family of kindred nations j that anotl their attention, while it will bring in review 1 that they can 1 amine, with re and instruction than did their I pro- genitor in the primitiv< a, all the races of animated bel and learn their organizati and history; that another will classify and submit to their delighted examination the en- ■ tire vegetal jdom, making them familiar with their virti ell as the forn from the cedar of Lebanon to the humble flower that is crushed under their that another will decon nbmit to their examination the • ter which fertilizes the earth, and the invisibl will md law i that terrific lightning v liicli EDUCATION. £01 seems the especial messenger of Divine wrath to extinguish it. Let us teach that the world of matter in which we live, in all its vast variety of form, is influential in the production, support, and happiness, of our own life, and that it is passing strange, that with minds endowed with a capacity to study that influence and measurably direct it, we yield unmruiiringly to its action, as if it were controlled by capricious accident or blind destiny. Shall we not excite some interest, when we appeal to the people to learn that science which teaches the mechanism of our own wonderfully and fearfully fashioned frames, and that other science which teaches the vastly more complicated and delicate structure of our immortal minds 1 Who would not follow with delight that science which elevates our thoughts to the heavens and teaches us the magnitude, forms, distances, revolutions, and laws of the globes that fill the concave space above us 1 And who, with thoughts thus gradually conducted through the range of the material universe, would not receive with humility, yet with delight, the teachings of that spirit of divine truth which exalts us to the study of the character and attributes of that glo- rious and beneficent Being, whose single volition called it all into existence 1 Let us teach the people all this, and let us show them that, while we sit contentedly in comparative igno- rance, the arts are waiting to instruct us how to reduce the weary labors of life ; philosophy, how to avoid its errors and misfortunes ; and eloquence, poetry, and music, how to cheer its way and refine our affections ; and that Religion is most efficient when she combines and profits by all these instructions, to con- duct us to happiness in a future state. Above all, let us incul- cate that the great and beneficent Being who created us and this material universe, has established between each of us, and every part of it cognisable by our minds, relations more or less intimate ; that he has impressed not more on the globes that roll through the infinitude of space than on the pebble that lies be- neath our feet — not more on the immovable continent than on the rolling sea — not more on the wind and lightning than on the ethereal mind of man ; and not more on the human soul than on the dimly-lighted instinct of the glow-worm, or of the insect vis- ible only by microscopic aid — "laws that determine their or- ganization, their duration, time, place, circumstance, and action ; 202 SELECTIONS. that for our security, improvement, and happiness, he has sub- jected these laws to our keen investigation and perpetual dis- covery ; and that, vast as is the range of that discovery, so vast and more extended than Ave can describe, or can yet he conceiv- ed, is knowledge ; and that to attain all this knowledge — is Education!"— Address at Wcstfcld, N. F., 1S37. ■popular BUttcatCon a Hcbcllcr. THE aristocracy with which the world has been scourged was nevex one that was produced by Bcience and learning. That education incre e power of those who enjoy its advanti te true; and in this best sense is education aristocratic. In tliis Bense, science and Learning ab ill create an aristocracy in .v country where they are cherished. Not an aristocracy of birth, for it is education that has exploded among as the prej- udice in favor of birth. To it we owe our exemption from the r prevalent all over the rest of the world, that no man is bo tit. or bo well entitled, to be a king as he who is the Bon of a brave as he whose father was a warrior; none bo well entitled to the enjoyment of wealth as he whose ancestors r is tin- aristocracy produced by education that of wealth; for knowh ect to mere wealth : it hum- bles all pretensions except those "f virtue and intellect. But the aristocracy produced by education is the increased power and influence "t' the most enlightened, and therefore the most useful, members "f Bociety. However repugnanl Ave may be to admit the truth, and however glaring may he the exceptions to it. it is nevertl. Bound general principle that knowledg power. Whatever the..' is in our lot that distinguishes us from the disfranchis* umtry of continental Europe, or tie- tur- baned followers of the prophet, or the mutually-warring Africans in their native deserts, or their abject offspring here, or the ab- origines of our forests, all i> knowledge obtained by education; and, compared with all those classes of our common rare, we aristocratic. We i ater power, because we arc wiser, and therefore better, than they. In every stage of society this tendency of education has heen observed. He who first learned the malleable property of iron, and first Bhaped the axe and the EDUCATION. 203 ploughshare, became an aristocrat. He who first attenuated and wove the fleece, he who first smoothed and rendered pliable the skins of beasts, he who first erected the rude huts for his tribe — all these, all classes of mechanics, have in their day been, and all who exercise their callings will be, aristocrats. They all ex- ercise an influence, great in proportion to their knowledge. It is inevitable, because it is the wisdom of Providence that the world shall be governed by ascendant minds. Our own obser- vation shows us daily that knowledge gives the capacity for use- fulness ; and he who is, or is esteemed, useful, is by consent in- vested with power. In agriculture, he who adds science to labor is an aristocrat, compared with the drudge who performs an allotted task. He who in the mechanic arts adds skill to patient industry, rises instantly above the uninstructed artisan ; and he who to industry and skill adds taste, is far above the competi- tion of the dull and plodding workman. If, at this day, wealth sometimes usurps the place of intellect and appropriates its hon- ors, it is only because public sentiment is perverted, and requires to be corrected by a higher standard of education. But, although education increases the power and influence of its votaries, it has no tendency like other means of power to confine its advan- tages to a small number : on the contrary, it is expansive and thus tends to produce equality, not by levelling all to the condi- tion of the base, but by elevating all to the association of the wise and good. If, then, we would advance popular education, if we would secure the success of our common schools, and ex- tend their advantages to the whole people, we must remember that education is a catholic cause, and must banish all prejudices that retard improvement in any direction. — Address at West- field, N. Y., 1837. 2TJje Same. Our institutions, excellent as they are, have hitherto produced but a small portion of the beneficent results they are calculated to confer upon the people. The chief of those benefits is equal- ity. "We do indeed enjoy equality of civil rights ; but we have not yet attained, we have only approximated toward, what is even more important — equality of social condition. 204 SELECTIONS. From the beginning of time, aristocracy has existed, and so- ciety has been divided into classes — the rich and the poor — the strong and the dependent — the learned and the unlearned : and from this inequality of social condition have resulted the ignorance, the crime, and the sufferings of the people. Let it excite no wonder when I say that this inequality exists among us, and that aristocracy has a home even in the land of freedom. It does not, indeed, deprive us of our civil rights, hnt it prevents the diffusion of prosperity and happiness. We Bhould be degen- erate descendants of our heroic forefathers did we not assail this . remove the barriers between the rich and the poor, k the control of the few over the many, extend the largesl liberty to i 1 number, and strengthen in everyway the democratic principles of our constitution. This is the work in which you are engaged. Sunday schools and common Bchools are the great levelling institutions of the What is the of aristocracy 1 it is, that knowle is power. Knowledge, the world over, has been possessed by the few, and ignorance has been the lot of the many. The mer- chant — what is it thai bim wealth I The lawyer — what is it that gives him political powerl The clergy — what is it that gives them influence □ for good purposes, bo el tive for mischievous i What makes this man a common labor* the other a usurer — this man a slave, and the other a tyrant? Knowledge. Knowledge can never be taken from those by whom it lias once been attained ; and hence the power which it confers upon the few can not I e broken while the many are uneducated. Strip its po all their wealth, and power, and honors, and knowledge still re- mains the s.-'ine mighty agent to restore again the inequality - have removed. But there is a more effectual way to banish aristocracy from among . It is by extending the advanta of knowledge to the many — to all the citizens of the Btate. Just so far and so ication is extended, democracy is ascendant. I wish yon, my fellow-citizi I speed in your 1 enevolent ami patriotic labors. Seldom does it happen to any citizen to render to his country any more lasting or more effectual than that which is accomplished by the teachers of such scli. EDUCATION. 205 as these. While they are at work throughout the country, we need indulge no fears of extending too widely the privilege of suffrage and the right of citizenship. — Address at Sunday- School Celebration, July 4, 1839. jFcwnle S&ucatton. There remains to he noticed an error scarcely less extensive, or less pernicious, than any I have mentioned. It is that which limits to a comparatively lower standard the education of the female sex. We may justly boast in this country a higher and more deferential regard, a more chivalrous devotion, to the sex than is exhibited by any other nation. I myself have compared our sentiments and customs, in this respect, with those of western Europe. I have seen, indeed, in some other countries, the more ardent and impassioned devotion that marks the clime where licentiousness assumes the name of love, but is not imbued with any of its sentiment, nor elevated by any of its purity. I have seen, under colder skies, more humble homage paid to individ- uals, because they were distinguished by learning, accomplish ments, birth, wealth, or beauty. But it is in this land only that respect and tenderness are yielded to women because they are women. If the vehement imagination of other countries is here subdued, and passion is modified, the romance and poetry of other lands are here converted into a real and living sentiment. There is no other country where the humblest female receives, from the highest in rank of the other sex, the surrender of the chief place in public assemblies, not more than in the social circle — in accidental meetings by the way, not less than in the cere- monials of fashionable life. In Italy, often described as the land where beauty wields a despotic sway, I have seen women rolling huge stones from the mountain-roads. In France, the land of gallantry and politeness, I have seen them performing the labor of porters : in refined England, the task of scavengers of the streets. And in all those countries, I have seen them employed in field labor, with countenances hardened by exposure to all vicissitudes of weather, and hands familiar with the spade and the plough. It reflects great honor upon our national char- acter that such degradation of the sex is never exhibited here. 206 SELECTIONS. But there yet remains a duty toward women to be learned by us all ; and that is, to make their education equal always to that of the other sex. He, it seems to me, is a dull observer, who is not convinced that they are equally qualified with the other sex, for the study of the magnificent creation around us, and equally entitled to the happiness to he derived from its pursuits : and still more blind is he, who has not learned that it was the intention of the Ore commit to them a higher and greater portion of responsibility in the education of the youth of both sexes. They are the natural guardians of the young. Their abstraction from the engrossing cares of life, affords them leisure both to acquire and communicate knowledge. From them the young more willingly receive it, because the severity of disci- pline is relieved with greater tenderness and affection while their quicker apprehension, enduring patient insive benevolence, higher purity, more delicate taste and elevated moral feeling, qualify them for excellence in all department i of lean cept • exacl If this be true, how many a repul- sive, bigoted, and indolent professor will, in the general improve- ment of education, be compelled to resign his claim to modest, assiduous, and affectionate woman I And how many conceited who now wield the rod in our common schools, with- out the knowledge of human nature requisite for its discreet ex- ercise — too indolent to improve, and too proud to dischi their responsible duties, will be driven to seek subsistence else- where I It is not, as is generally supposed, the female alone who sutler by this exclusion from their proper Bphere. Whatever is lost to the other m \. of the advantages oi their nurture and cultivation, is an additional 1088 to our common H — Add Improvement of JJopuInv Eliucatfon must brain not toitb the (Gobcrn= Went Imt until tiir people. Fellow-citizens, it is less the object of this discourse to give practical suggestions Tor the reform of education, than it is to ii interesl in its behalf; yet I will add, in order that it may not appear altogether without practical tendency, that if we would communicate an effective impulse to the cause, we are EDUCATION. 207 not to wait the action of the government. Our government acts only in obedience to popular influence, and in pursuance of pop- ular direction. It is not in its principles to anticipate the one, or resist the other. Like all other reforms, this must be effected by a combination of individual efforts, to stimulate and enlighten the public mind. In the present case public feeling is not to be reached from a distant point. A more practicable course is offered. We must begin at home, with the schools around us, and among that portion of the community in which we reside. Let us revive the system of visitation and examination of our academies and schools. This all-important feature in every plan of public instruction has, during a long period, fallen into desue- tude. The officers invested with the responsibility of discharg- ing the duty, unfortunately, are selected as the favorites of some political party, and do not even make a nominal visitation of the institutions subject to their examination. The right of visitation, however, is not divested from parents and patrons of these schools. If, in addition to the examinations heretofore practised, there could be adopted some plan in pursuance of which, institu- tions of equal rank situated in the same vicinity could be brought into comparative examination, competition would at once be pro- duced between instructors, and emulation among pupils ; increased interest would be excited on the part of parents, and a lively concern in the whole community. I appeal to all patriots and Christians to consider the subject upon which I have presented these hasty remarks, and adopt such measures as shall be found expedient to discharge the responsibility they owe to their children, to the church of our Savior, to our common country, and to the great family of man- kind.— Address at Westfield, N. Y., 1837. HQucattoit preferable to ("Conquest. The distinguished senator from Kentucky [Mr. Clay], sev- eral years since, by his great influence in the councils of the nation, secured the distribution among the several states of this Union of a portion of the surplus revenues of this government. I was at a distance, an humble follower and approver of that policy. The result of it in other states I do not know. But SELECTIONS. you, Mr. President [Mr. Fillmore], can testify with me the result, the beneficent result, in the state of New York, from which we come. The share which was allotted to us was six millions of dollars; the amount we received was four millions. five hundred thousand dollars. Every dollar of that Jour and a half millions, sir, more than ten years ago, went to the founda- tion of public schools, academies, seminaries, and other higher institutions of learning, and of libraries for the common people. And, sir, I will now state to the senate — and 1 am proud that, in behalf of the state of New York, 1 am here this day to state it to the praise and honor of the distinguished Benatorfrom Ken- tucky — the condition of the Btate of fk, of the people, bond and free — 1 ty, if we had any of the former class — native and foreigner, to which they have been brought by this act of justic* — I will not call it benevolence. Sir, the state oi New York, having a population of three millions of people, has not in it one child of citizen or foreigner that is not educated, from tl - to the age of twenty years, al the public c I expense. Again, sir: at the distance of every mile and a halt' on every main road, railroad, canal, and <■!■ road — separated by only a mile and a half — is the schoolhouse i nd. The schoolmaster i^ at home everywhere in Y-'uk, and all the time; and New York has made a trial of the blessed example of Massachusetts and Connecticut. This i- uha; u done in my day, since my and your experience in ; and more than that : in every one of these Bchoolhoi is a public library of two hundred and fifty volumes, containing al! that is interesting in ancient or modern history or Bcience, literature, geography, and every other branch of human knowl- i»en and accessible to every citi/.en — man, woman, and child — in the Btate of New York. ^l these f.nr millions and a half have supplied us with libraries which, taken collec- ts elv. contain more than one million of volumes. More than that, BUT! there has not been left in the state of ^ ork the blind person who has not been taught to read his bibh — there ha- not been left in the Btate the deaf and dumb, the mute, who h;is iml ! een DTOUghl to he able to g expression of his'gratitude and praise to God, and to the state which h.is brought him from ignorance and degradation below EDUCATION. 209 his race. More than that, sir ; we have not neglected that other unfortunate class. I have been asked, why not consider the free negroes'? Sir, the free negroes have been considered. This fund has been appropriated to their advancement, also ; to raise their condition; to cultivate them to exercise the rights of self-government, and to carry on the great work of the emanci- pation of their race wherever they are found in bondage. Yes, sir, five thousand children of the African race are educated out of this great fund of national benevolence. What becomes of the reproach, then, that this is a charity 1 What would have been the disposition of this fund if it had been left here, sir 1 It would have been expended as the revenues of this country, always too large, too liberal, have been expended, in improvi- dence. It is therefore that I have always claimed that it should be distributed among the states, that they might apply it to works of advancement — progress — humanity. Now, sir, there has been no diminution of the fund all this time. While we have been enjoying this four and a half mil- lions, there is not one dollar of it gone. Every dollar is there yet. It is still in the treasury of the state of New York ; and all that has been done has been only by the use of the money. Tell me, sir, is it not wiser to make such a distribution of this fund than it would be to employ it in encouraging prodi- gality in the government ; than to encourage that lust of con- quest in which the Mexican war had its origin, by which were brought into this Union seven hundred and sixty-three millions of acres of public domain, to be added to the one thousand mil- lions we had before? What has it wrought ? It has proved, in the words of an honorable senator here, but a Pandora's box of evils ; and we are entertained here, day after day, with the intelligence that the Union must be dissolved — that it is really now dissolved — even to-day. We employed the revenues of the public domains in extending our dominions, that were too large — unnecessarily large — already. Sir, I want no more Mexican wars, no more lust of conquest, no more of seizing the unripened fruit, which, if left alone, would of itself fall into our hands. — Speech in U. S. Senate, Jan. 30, 1850. 210 SELECTIONS. CfK JKMe ttjc Basis of Hcjmlrlicnn institutions. What is tli.it which has enabled the Scriptures of the Jews to supplant all other writings of antiquity, and to maintain an authority and veneration unapproachable by even modem learn- ing? It is the fact that they describe the Creator and man more accurately according to the standard of enlightened reason, and define the relatione n them more justly according to the suggestions of the human heart. 1 am asked, what is my opinion of the influence of the Holy Scriptures on human soci- ety I I answer, thai I do not believe human Bociety, including not merely a few persons in any Btate, but whole masses of men, ever has attained, or ever ran attain, a high Btate of intelli- gence, virtue security, liberty, or happiness, without them; and that the whole bope of human progress is Buspended on tha r-growing influence of the Bible The constitution of the United Stal blished a republican form of government for the free people of this Union; audit has ordained thai once in every ten years the number of bouIs under the protection of thai constitution, and in the enjoyment of • loin which it Becures, shall be ascertained, in order that their political rights shall be secured, and that each portion of the country shall enjoy its ju^t and proper proportion of power. I know not how long a republican form of government can flourish among a people who have not the Bible : the experi- ment has never 1 D tried ; but this I do knOW, that the exist- ing government "I' this country never could have had an exist- ence but for the Bible. And further: I do in my conscience believe, that if at every decade of ;■ copy of the Bible shall ho found in every family of the land, its republican institu- tions will he perpetual. — - ; !///. Bib. Society, 1839. iTtir System of }Jublic Schools Dcfrctibc— .Ctmcnomnit iJroposcO. 'I'm; colleges, academies, and common Bchools, constitute our item of public instruction. The pervading intelligence, the diminution of crime, the augmented comforts and enjoyments of iety and its progressive refinement, public order, and the su- EDUCATION. 211 premacy of the laws, testify that the system has been by no means unsuccessful. It must nevertheless be admitted, that its usefulness is much less than the state rightfully demands, both as a return for her munificence and a guaranty of her institutions. Some of our col- leges and academies languish in the midst of a Community abounding in genius and talents impatient of the ignorance which debases and the prejudices which enslave. The common school system, but partially successful in agricultural districts, is represented as altogether without adaptation to cities and popu- lous villages. The standard of education ought to be elevated, not merely to an equality with that attained in other states, but to that height which may be reached by cultivating the intel- lectual powers with the aid of modern improvements during the entire period when the faculties are quick and active, the curi osity insatiable, the temper practicable, and the love of truth supreme. The ability to read and write, with the rudiments of arithmetic, generally constitute the learning acquired in com- mon schools. To these our academies and colleges add super- ficial instruction in the dead languages without the philosophy of our own ; scientific facts without their causes ; definitions without practical application ; the rules of rhetoric without its spirit ; and history divested of its moral instructions. It is enough to show the defectiveness of our entire system that its pursuits are irksome to all except the few endowed with peculiar genius and fervor to become the guides of the human mind, and that it fails to inspire either a love of science or a passion for literature. Science is nothing else than a disclosure of the bounties the Creator has bestowed to promote the happiness of man, and a discovery of the laws by which mind and matter are controlled for that benignant end. Literature has no other ob- ject than to relieve our cares and increase our virtues. That the pursuits of either should require monastic seclusion, or be en- forced by pains and penalties upon reluctant minds, is inconsist- ent with the generous purposes of both. Society can not be justly censured for indifference to education, when those who enjoy its precious advantages manifest so little of the enthusi- asm it ought to inspire. All the associations of the youthful mind in the acquisition of knowledge must be cheerful ; its 212 SELECTIONS. truths should be presented in their native beauty and in their natural order ; the laws ii reveals should be illustrated always by their benevolent adaptation to the happiness of mankind; and the utility and beauty of what is already known should in- cite to the endless investigation of what remains concealed. If education could be conducted upon principles like these, the at- tainments of our collegiate instruction might become an ordi- nary measure of acquirement in our common schools; and our academies and colleges would be continually enjoying new rev- elations of philosophy and attaining higher perfection in the arts which alleviate the cares of human life. If these reflections it, and the results they template unattainable, it need only be answered that the improvability of our race is without limit, and all that is pro- posed 1S le88 wonderful than what has already been accom- plished. 1 do not hesitate to invil to establish the stand- ard I have described. Postponed, omitted, and forgotten, as it too often is amid the excitement of other subjects and the pres- sure of other duties, education is, nevertheless, the chief of our responsibilities. The consequences of the most partial improve- ment in our ' of education will be wider and more endu- ring than tl any change of public policy, the benefit ny new principle of jurisprudence, or the results of any en- terprise of physical improvement we can accomplish. Ti consequences will extend through the entire development of the human mind and be consummated only with its destiny. — An- nual M' wage, i Zftnuatfoa of the Oilovcn of 22yile». The children of foreigners, found in great numbers in our pop- ulous cities and towns, and in the vicinity of our public works, are too often deprived of the advantages of our Bystem of public education, in consequence of prejudices arising from dii of language or religion. It ought novo- to be forgotten that the pnblic Welfare is as deeply concerned in then* education as in that of our own children. 1 do not 1 therefore to recom- mend tht" establishment of Bchools in which they may he in- structed by teachers Bpeaking the Bame language with them- EDUCATION. 213 selves, and professing the same faith. There would be no inequality in such a measure, since it happens from the force of circumstances, if not from choice, that the responsibilities of edu- cation are in most instances confided by us to native citizens, and occasions seldom offer for a trial of our magnanimity by commit- ting that trust to persons differing from ourselves in language or religion. Since we have opened our country and all its full- ness to the oppressed of every nation, we should evince wisdom equal to such generosity by qualifying their children for the high responsibilities of citizenship. — Annual Message, 1840. 2Tf)e Same. When the census of 1850 shall be taken, I trust it will show that within the borders of the state of New York there is no child of sufficient years who is unable to read and write. I am sure it will then be acknowledged that when, ten years before, there were thirty thousand, children growing up in ignorance and vice, a suggestion to seek them wherever found, and win them to the ways of knowledge and virtue by persuasion, sympathy, and kindness, was prompted by a sincere desire for the common good. I have no pride of opinion concerning the manner in which the education of those whom I have brought to your notice shall be secured, although I might derive satisfaction from the reflection, that, amid abundant misrepresentations of the method suggested, no one has contended that it would be in- effectual, nor has any other plan been proposed. I observe, on the contrary, with deep regret, that the evil remains as before ; and the question recurs, not merely how or by whom shall in- struction be given, but whether it shall be given at all or shall be altogether withheld. Others may be content with a system that erects free schools and offers gratuitous instruction ; but I trust I shall be allowed to entertain the opinions that no sys- tem is perfect that does not accomplish what it proposes ; that our system is therefore deficient in comprehensiveness in the exact proportion of the children that it leaves uneducated ; that knowledge, however acquired, is better than ignorance ; and that neither error, accident, nor prejudice, ought to be permitted to deprive the state of the education of her citizens. Cherishing 214 SELECTIONS. such opinions, I could not enjoy the consciousness of having per- formed my duty, if any effort had been omitted which was cal- culated to brine: within the schools all who are destined to exer- rise the rights of citizenship ; nor shall I feel that the system is perfect or liberty safe until that object be accomplished. >s«>t personally concerned about such misapprehensions as have arisen, but desirous to remove every obstacle to the accomplishment of so important an ol ject, I very freely declare tli.it 1 seek the education of those whom I have brought before yon, not to per- petuate any prejudices or distinctions which deprive them of instruction, but in disregard of all Buch distinctions and prejudi- ces. I Bolicit their education Less from sympathy, than because the welfare of the Btate demands it. ami can not dispense with it. As native citizen-, they are lx.ni to the righl of Suffrage. I ask that thev may at Least be taught t<> read and write; ami in asking this, 1 require uo more for them than I have diligently endeavored to secure to the inmates of our penitentiaries, who have forfeited that inestimable franchise by crime, and also to an unfortunate race, which, having been plunged by us into deg- radation and ignorance, has been excluded from the franchise by an arbitrary property qualification incongruous with all our in- stitution^. I have nol recommended nor do I seek the educa- tion of any class in foreign languages or in particular creeds or faiths; hut fully believing with the author of the Declaration of Independence, that even enor m lafely tolerated whi reason is lefl free to combat it. and therefore indulging no appre- hensions from the influence of any language or creed among an enlightened people, 1 desire the education of the entire ri generation in all the elements of knowledge we possess, and in that tongue which is the universal language of our countrymen. To me th<' most interesting of all our republican institutions is the common --11001. 1 seek not to disturb in any manner its peaceful and assiduous exercises, and least of all with conten- tions about faith or forms. I desire the education of all the children in the commonwealth in morality and virtue, leaving matters of conscience where, according to tie- principles of civil and religious liberty established by our constitution ami laws, they rightfully belong. — Annual .W< - ige, l s 4l. EDUCATION. 215 2TJ)e Same. It was among my earliest duties to bring to the notice of the legislature the neglected condition of many thousand children, in- cluding a very large proportion of those of immigrant parentage, in our great commercial city ; a misfortune then supposed to re- sult from groundless prejudices and omissions of parental duty. Especially desirous at the same time not to disturb in any man- ner the public schools, which seemed to be efficiently conducted, although so many for whom they were established, were unwil- ling to receive their instructions, I suggested, as I thought in a spirit not inharmonious with our civil and religious institutions, that if necessary it might be expedient to bring those so excluded from such privileges into schools rendered especially attractive by the sympathies of those to whom the task of instruction should be confided. It has since been discovered that the magnitude of the evil was not fully known, and that its causes were very imperfectly understood. It will be shown you in the proper re- port, that twenty thousand children in the city of New York, of suitable age, are not at all instructed in any of the public schools, while the whole number in all the residue of the state not taught in common schools, does not exceed nine thousand. What had been regarded as individual, occasional, and accidental prejudices have proved to be opinions pervading a large mass, including at least one religious communion equally with all oth- ers entitled to civil tolerance — opinions cherished through a period of sixteen years, and ripened into a permanent, conscien- tious distrust of the impartiality of the education given in the public schools. This distrust has been rendered still deeper and more alienating by a subversion of precious civil rights of those whose consciences are thus offended. Happily in this as in other instances, the evil is discovered to have had its origin no deeper than in a departure from the equality of general laws. In our general system of common schools, trustees, chosen by tax-paying citizens, levy taxes, build schoolhouses, employ and pay teachers, and govern schools which are subject to visitation by similarly-elected inspectors, who certify the qualifications of teachers ; and all schools thus constituted participate in just proportion in the public moneys, 216 SELECTIONS. which are conveyed to them by commissioners also elected by the people. Such schools are found distributed in average spaces of two and a half square miles throughout the inhabited portions of the state, and yet neither popular discontent, nor polit- ical strife, nor sectarian discord, lias ever disturbed their peaceful instructions or impaired their eminent usefulness. In the public school system of the city ofNew York, one hundred persons are trustees and inspectors, and. by continued consent of the common council, are the dispensers of an annual average Bum of thirty- five thousand dollars received from the common-school fund of the .Mate, ami also of a sum equal to ninety-five thousand dollars derived fnan an indiscriminating tax upon the real and per- sonal estates of the city. They build Bchoolhouses chiefly with public funds, and appoint and remove teachers, fix their com- pensation, and prescribe the moral, intellectual, ami religious instruction which one eighth of the rising generation -if the state shall he required to receive. Their powers, more effective and far-reaching than are exercised by the municipality of the city, are not derived from the community whose children are educa- ted and whose property is taxed, nor even from the Btate, which i greal an almoner, and whose welfare is so deeply concerned, hut from an incorporated and perpetual association, which grants, opon pecuniary subscription, the privileges even of life member- sliip. and v.-t bolda in fee Bimple the public Bchool edifices, valued at eigbl hundred thousand dollars. Lest there might he too much n jponsibility even t<. the association, that body can eleel only one half the trustees,and those thus Belected appoint their fifty associ- ates. The philanthropy and patriotism of the present managers of the public Bchools, and their efficiency in imparting instruc- tion, are cheerfully and gratefully admitted. Nor is i to maintain that agents thus Belected will become unfaithful, or t li.it a system that bo jealously excludes popular interference mx} lv be unequal in its operation. It is only in- sist, -d that the institution, after a fair and sufficient trial, has failed to gain that broad confidence reposed in the general tern of the Btate, and indispensable to every scheme ofuniv< education. X" plan for that purpose can he defended except on tie- -round that public instruction is 6ne of the responsibilities of; eminent. It is therefore a inani: dative duty EDUCATION. 217 to correct errors and defects in whatever system is established. In the present case the failure amounts virtually to an exclusion of all the children thus withheld. I can not overcome my re- gret that every suggestion of amendment encounters so much opposition from those who defend the public school system of the metropolis, as to show, that in their judgment it can admit of no modification, neither from tenderness to the consciences, nor from regard to the civil rights of those aggrieved, nor even for the reclamation of those for whose culture the state has so munificently provided ; as if society most conform itself to the public schools instead of the public schools adapting themselves to the exigencies of society. The late eminent superintendent, after exposing the greatness of this public misfortune, and tracing it to the discrepancy between the local and general systems, suggested a remedy which, although it is not urged to the exclusion of any other, seems to deserve dispassionate consid- eration. - I submit, therefore, with entire willingness to approve what- ever adequate remedy you may propose, the expediency of re- storing to the people of the city of New York — what I am sure the people of no other part of the state would upon any consid- eration relinquish — the education of their children. For this purpose, it is only necessary to vest the control of the common schools in a board to be composed of commissioners elected by the people ; which board shall apportion the school moneys among all the schools, including those now existing, which shall be organized and conducted in conformity to its gen- eral regulations and the laws of the state, in the proportion of the number of pupils instructed. It is not left doubtful that the restoration to the common schools of the city of this simple and equal feature of the common schools of the state, would remove every complaint, and bring into the seminaries the offspring of want and misfortune presented by a grand jury on a recent oc casion as neglected children of both sexes who are found in hordes upon wharves and on corners of the streets, surrounded by evil associations, disturbing the public peace, committing pett}7- depredations, and going from bad to worse, until their course terminates in high crimes and infamy. This proposition to gather the young from the streets and 10 218 ' SELECTIONS. wharves into the nurseries which the state, solicitous for her se- curity against ignorance, has prepared for them, has sometimes been treated as a device to appropriate the school fund to the endowment of seminaries for teaching languages and faiths, thus to perpetuate the prejudices it seeks to remove; sometimes as a scheme for < 1 i ^ iding that precious fund among a hundred jarring sects, and thus increasing the religious animosities it Btrives to heal; and sometimi b plan to subvert the prevailing reli- gion and introduce one repugnanl to the consciences of our fel- low-citizens; while, in truth, it simply proposes by enlightening equally the minds of all, to enable them to detect error wherever it may exist, and to reduce uncongenial masses into one in- telligent, virtuous, harmonious, and happy people. Being now relieved from .-ill Buch misconceptions, it presents the questions whether it is wiser and more humane to educate the offspring of the poor than to leave them to grow up iu ignorance and vice ; v bether juvenile * ice is more easily eradicated by the court of scs- Bions than by common schools : whether parents have a right to bo heard concerning the instruction and instructors of their children, and tax-payers in relation to the expenditure of public funds ; whether, in a republican government, il is necessary to interpose an independent corporation bet the people and the Bchool- master; and whether it is wise and just to disfranchise an entire community of all control over public education, rather than sutler a part to be represented in proportion to it- numbers and contributions. Since such considerations are now involved, what has hit! been discussed as .•> question of benevolence and universal edu- cation, has become one of equal civil rights, religious tolerai and Liberty of conscience. We could hear with as in our re- tirement from public service no recollection more worthy of being cherished through life than that of having met such a question in the generous and confiding spirit of our institutions, and of having decided it upon the immutable principles on which they are based. — Annual Message, L842. FREEDOM. $oljn (Sutincj? gtoams. The capitol is deserted ! The legislature have suspended their labors ; the city is in mourning ; a sudden blow has fallen on the master-chord in the heart of this nation, and grief is dif- fusing itself throughout the Union. The voice of John Quincy Adams has died away on earth, and he has resumed converse with John Adams and Jefferson, with La Fayette and with Washington, in heaven. Death found the statesman where he wished to meet it — in the capitol ; in his place ; in the performance of his duty ; in defending the cause of peace and of freedom. He submitted to the inevitable blow as those who loved and honored him fore- told and desired that he would — saying only, " This is the last of earth — I am content." I will not suffer myself to speak all I feel on this sad occa- sion. While the American people have lost a father and a guide — while Humanity has lost her most eloquent, persevering, and indomitable advocate — I have lost a patron, a guide, a coun- sellor, and a friend — one whom I loved scarcely less than the dearest relations, and venerated above all that was mortal among men. I speak in behalf of my associates. Great as he was, illus- trious as his achievements were, he was one of us. He was a civilian, a lawyer, a jurist. His great mind was imbued with the science of our noble profession, and enriched with all conge- nial learning ; and to these he added the ornaments of rhetoric *Remai-ks before the Court of Chancery, Albany, Feb. 25, 1848. 220 SELECTIONS. and eloquence. Trained in constitutional law, in the school of its founders, Washington called him in precocious youth to the kindred field of diplomacy. That mission discharged, he re- turned to his profession, and devoted himself to it with assiduity until the people called him from the duty of expounding laws to the higher department of making laws. Rising through various and very responsible departments of public Bervice, he became chief magistrate of the republic. There he impressed on its history an enduring illustration of a wise, peaceful, and enlightened administration, devoted to the cultivation of peace, to its arts and its interests, and to extend- ing the -way of republican institutions over the continent, and yet in all thing- subordinate to the law and regulated by the law. When he had thus filled the measure of the world's expecta- tion an■//■/ <>f ( Chancery, Albany ^ Feb. 25, 1*48. . — Another and more elaborate eul< Mr. Adams will be fonnd in tli<- third volume of Mr. 3eward'a complete Winks. FREEDOM. 221 Mutual Higfjts anti Duties of Nations. Writers on law teach us that states are free, independent, equal, moral persons, existing for the objects of happiness and usefulness, and possessing rights and subject to duties denned by the law of nature, which is a system of politics and morals founded in right reason ; that the only difference betAveen poli- tics and morals is, that one regulates the operations of govern- ment, while the other directs the conduct of individuals, and that the maxims of both are the same ; that two sovereign states may be subject to one prince, and yet be mutually independent ; that a nation becomes free by the act of its ruler when he exceeds the fundamental laws ; that when any power, whether domestic or foreign, attempts to deprive a state of independence or of liberty,, it may lawfully take counsel of its courage, and prefer before the certainty of servitude the chances of destruc- tion ; that each nation is bound to do to every other in time of peace the most good, and in time of war the least harm possi- ble, consistently with its own real interests ; that while this is an imperfect obligation, of which no state can exact a perform- ance, any one has nevertheless a right to use peaceful means, and even force, if necessary, to repress a power that openly vio- lates the lav/ of nations, and directly attacks their common wel- fare ; and that, although the interests of universal society require mutual intercourse between states, yet that intercourse can be conducted by those only who in their respective nations possess and exercise in fact adequate political powers. ..... It is time to protest. The new outworks of our system of politics in Europe have all been carried away. Republicanism has now no abiding place there, except on the rock of San Marino and in the mountain-home of William Tell. France and Austria are said to be conspiring to expel it even there. In my inmost heart, I could almost bid them dare to try an experiment which would arouse the nations of Europe to resist the commission of a crime so flagrant and so bold. I have heard frequently, here and elsewhere, that we can promote the cause of freedom and humanity only by our exam- ple, and it is most true. But what, should that example be but 222 SELECTIONS. that of performing not one national duty only, hut all national duties ; not those beginning and ending with ourselves only, hut those also which we owe to other nations and to all mankind 1 No dim eclipse will suffice to illuminate a benighted world. I have the common pride of every American in the aggran- dizement of my country. No effort of mine to promote it, by just and lawful means, ever was or ever will he withheld. Our flag, when it rises to the topmast <>r the turret of an enemy's ship or lull - in me a pleasure as sincere as in any other man. And yet 1 have Been that flag on two occasions when it awakened even more intense gratification. One was when it entered the city of Cork, covering supplies for a chival- rous and generous but famishing people. The other was when it recently protected i.i his emigration an exile of whom conti- nental Europe was unworthy, and to whom she had denied a refuge. Sir, it raised no surprise and excited no«regret in me, as it did in some, to Bee that exile and that flag alike saluted and honored by the people, and alike feared and hated by the kings of Eur< | others employ themselves in devising new ligaments to hind th< ether. shall have my respect for their patriotism and their zeah For myself, I am content with the old one j - I find them. 1 believe that the I nion is founded in physical, moral, and political necessities, which de- mand one government, and would endure no divided Btal that it is impregnable, therefore, equally to force or to faction; that secession is a feverish dream, and disunion an unreal and passing chimera; and that, for weal or wo, for liberty or servi- tude, this great country is one and inseparable^ 1 believe, also, thai it is righteousness, not greatness, that exalteth a nation, and that it is liberty, not repot •. that renders national existence worth po8s J.et me, then, perform my humble pafrt in the Bervice of the republic, by cultivating the sense of justice and the love of liberty which are the elemenl being, and by developing their saving influences, not only in our domestic conduct, but in our foreign conduct also, and in our Bocial inter- course \\ itli all other Btates and nations. It has already come to this — that whenever in any country an advocate of freedom, bv the cha I fortune, is driv< i FREEDOM. 223 into exile, he hastens to seek an asylum here ; that whenever a hero falls in the cause of Freedom on any of her battle-fields, his eyes involuntarily turn toward us, and he commits that cause with a confiding trust to our sympathy and our care. Never, sir, as we value the security of our own freedom, or the welfare and happiness of mankind, or the favor of Heaven, that has enabled us to protect both, let that exile be inhospitably repulsed. Never let the prayer of that dying hero fall on ears unused to hear, or spend itself upon hearts that refuse to be moved. — Speech in U. S. Senate, March 9, 1852. gnjc 3&ifli)t of petition. Every man who is a citizen of the United- States, and, ac- cording- to my theory, every man who, although he may not be a citizen, yet is a subject of the government of the United States, has a right to petition the Congress of the United States upon any subject of national interest, or which can be legitimately the subject of legislation. Then, is there any well-grounded objec- tion to the fact that these memorialists* describe themselves as clergymen 1 Certainly not ; because it is the right and the privilege of a citizen, if he can petition at all, to present his peti- tion in his own way. If he thinks there is anything in his character or position which entitles his opinions to higher con- sideration, or which leads to the belief that he understands the subject more thoroughly than others, it is his right, to describe himself by the appellation which designates his profession, his character, or his office. It is only on this principle that the legislatures of the states make their voices known to Con- gress, by describing themselves as the legislatures of the states. They come here with their resolutions in the character of peti- tioners or remonstrants, under that provision of the constitution which guaranties the right of petition, and upon no other ground of constitutional right whatever. Is there any well-grounded objection to the language or tone of this memorial 1 I think not. While, on the other hand, it is such a memorial as a secular person like myself would not be apt to dictate or sign, because there is a solemnity of tone, a * The New England Clergy. 224 SELECTIONS. seriousness, and religions consideration ■which secular men do not indulge or affect; yet, on the other hand, it is professional, and natural on the part of the memorialists ; it is "in the character of those Avho make it. It is said, indeed, that they assume to speak the will and judgment of the Creator and Judge of men and nations. I do not understand them as assuming to sp< any such tiling. I understand them as saying simply, in sub- Btance, " We, citizens of the Unite I States, irselves as i en in the pn of Almighty God, and in his name, address the Congress of the United Stat< bat is unu- Yon do not commence your proceedings here on any day of your wholi m without acki *ing daring that they are begun in the ice, and in the name, and with an invocation of the ' Almighty God. * • • • • • • • * 1 have Baid, Bir, thai they come here declaring thai they come in the presence of Almighty God. It is that universal and eternal pr< in which we all an day and hour of <>ur Lives, and from which we can never for even a moment ■ in, sir, it '. ted that th< us in the name of Almighty God. What is that but a mode of ar- or calling attention to their Bolemn prayer and ■ remonstrance 1 Bir, while there are ions on which we never forget, never suffer i orselves to forget that we are sible to Almighty Cl..d. it is i qp lly true that all our action is, or ought to be, in the name of the Supreme Being. Sir, we may put off, we may lay aside the thoughts of that awful presence during our Becular labors, and even during our life of confusion and toil, and turmoil and care; but when we come to close our • yea upon this world, Ave can not shut them withoul the refl< tion tli.it we are in the Bight of the Judge of all men. Every man of US, when he comes to write his will, or his instructions, for those who are to come after him. reci that it is done in the name of God. Sir, as I have said, 1 should not adopt this mode of ado the senate or < !ongr< [1 is not my hahif to do so; bul 1 know thai it is the habit, that it is in the character, in the way <>t' those who have signed this memorial. 1 see no ground of objection to it. Is it disrespect- FREEDOM. 225 ful to the senate of the United States, or to Congress, that men should say they speak to them in the name of God, and in his presence 1 If it be so, it must be because we claim to be here exempt from the superintending government and providence of that Being, in whom and by whom we walk, and act, and through whom we exist upon the earth. But, sir, it is said that at the close of this remonstrance, there is another remark which is offensive, and that is, that the memorialists think the measure against which they protest is im- moral in its nature. Sir, the great measure proposed is either moral or immoral. There is no neutrality between morality and immorality. It may be that we may conscientiously differ in as- certaining which is the moral side, but nevertheless it is. of one character or the other — either moral or immoral. These per- sons tell us they think it is of one character, others think it is of another character. It is our right to act. Let them think what they will, it is their right to tell us that, in their opinion, it is either one thing or the other, just as they understand and believe. Then, again, it is complained that the memorialists allege that the act will draw after it the judgments of Almighty God. Sir, by the judgments of Almighty God, I understand simply this : that every human act of any importance or magnitude is connected with preceding causes, and with subsequent effects ; that there is connected with a right act the consequence of use- fulness, of beneficence, of happiness, and all the blessings of a just Ruler ; and that, on 'the other hand, to those acts which, whether we deem them moral or immoral, whether intentionally wrong or not, are unwise, there are connected consequences of error, danger, peril, unhappiness, wretchedness, ruin. This, in my judgment, is all that that expression means. And now, sir, I come to the close of what I have to say on this whole matter ; and that is, that I regard this as a question of no idle importance. The right of petition is a constitutional rio-ht, and a useful and invaluable one, and I shall never be found criticising the language of petitioners or remonstrants, to see whether I can not find cause for cavil or for rejection, and petitioners and remonstrants may say precisely what they please, and precisely what they think, in whatever tone or language 10* 226 SELECTIONS. they think proper. They may utter against me any opitliet which they please. They may invoke on my head any judg- ment they please. Still, sir, with a conscience void of offence against God and man, I can go on here performing my duties, leaving them in tbe«enjoyment of their rights, and listening to all that they say, precisely as if it had been rendered into the language of courtesy, or compliment, or of praise, which would be acceptahle under other circumstances. It is because I wish that this right of petition may take no injury from the debate of this morning, thai I have risen t.» vindicate the memorial, and to d<» justice to those from whom it has come. — Speech in Sen- ate on Recej'tion of Remonstrant* from 3050 Clergymen of New T&nglaud again I " of Missouri ( 'ompromise, March 14, 1 political UqiK-.'itij. 1 am in favor of the equality of men — "f all men, whether they ho born in one land or horn in another. I am in favor of receiving the whole. I i cknowledge them all to constitute one great family, for whom it is the business of statesmen and the business of man to labor and to live. And. sir, when 1 do 1, occasion to ask t 1 those distinguished senators and friends in behalf of the alien and tin- I r,it will not be the le, merely, v. Ik. i-. commended t«» our sympathies for the ferings he has sustained in the cause of liberty in Europe; but it will ho for the melioration of the laws of naturalization, which put a period of five years and an oath in the way of any man any country in becoming a citizen, which raise a barrier be- tween ourselves and those who cast their lot among us. There is where they will find me ; and they will find that to the extent that humanity hears the Bemblance which is impressed upon us by the hand of our Maker, it i> my design and my purpose to •r to bring about that equality in the land in which I live, 1 as far as may he. in all other Ian Ani. upon this broad principle, I have no hesitation in saying that there is no distinction in my re-pect or affection be- tween men of one land and of another ; between men of one clime and another ; between men of one race ami another ; or hot ween m of <n, and we should now confess for the instruction of mankind, that not only the Erie canal, but its numerous and far-reaching veins an 1 arteries, and our railroads, harbors, and fortifications, were chieily construi ly hardy, joyOUS, light-hearted, libeityrloving immigrants t'roiii Ireland. We emulate the sway of ancient Rome; but Home was wiser th in those who affect an exclusive monopoly of American citizen- sl iji. Provinces and natioi ga d, became parts of the Roman empire, and although its eagles* threatened conquest FREEDOM. 231 wherever they advanced, they nevertheless bore on their wings charters of Roman citizenship. Love for their native land is common to all men, but it ex- ceeds its just bounds when it. leads men to despise or hate their fellow-men. This excess is the prejudice of ignorance. The native American can not half so heartily despise the Irishman, as the Chinese despises the American. He who has left his native land to seek an asylum here, has made a sacrifice to lib- erty which ought to commend him to our respect and affection. His children born here will be native Americans as we are ; the parent is a foreigner only as our own parents or ancestors, near or remote, also were. Do we excel, because the foreigner can not speak our lan- guage. We can not speak his. It were well if each knew the languag;e of the other, for it is stored with treasures which would acid immeasurably to his knowledge and the elements of his happiness. The battle-cry of liberty is as animating when sounded in French, in German, or in Spanish, as in English, and the accents of love and affection are tender in whatever dialect they may have utterance. Should differences of religious belief divide us ? Washington invoked the Divine blessing on our army in a prot- estant ritual — Lafayette employed the Roman formulary. Would the prayers of either have been answered, if they had carried into council quarrels from the altar ? We ought never to forget that, various as are the expositions of our holy faith, they all agree in this, that without charity there is no Christianity. — Letter, March 15, 1844. 2Louts Bossutfj. I am a lover of peace. I shall never freely give my consent to any measure which I shall think will tend to involve this na- tion in the calamities of foreign war. I believe that our mission is a mission of republicanism. But I believe that we shall best execute it by maintaining peace at home and with all mankind ; and if I saw in this measure a step in advance toward the bloody field of contention in the affairs of Europe, I, too, would hesitate long before adopting it. But I see no advance toward any such 282 SELECTIONS. danger in doing a simple act of national justice and magnanim- ity. I believe that no man will deny the principle, that a na- tion may do for the cause of liberty in other nations whatever the laws of nations do not forbid. I plant myself upon that principle. What the laws of nations do not forbid, any nation may do for the cause of civil liberty in any other nation, in any other country. Now, the lawa of nations do not forbid hospital- ity. The laws of nations do not forbid us to sympathize with the ..vii, — to sympathize with the overthrown champion of freedom. The laws of nature demand that hospitality, and from the very inmost sources of our nature Bprings op that sym- pathy. What is tl lie poem which has filled the Bee* ond place in the admiration, I had almost said in the affections, of mankind for two thousand years, but the history of an exile flying from the walls of his burning city and devoted Btate I Sir, the laws of nature require — the laws of nations command hospitality j«> those who fly from oppression and despair. And this is all that we have done, and all that we | to do. We have invited !<■ ssuth — we have procured his release from cap- tivity — we I ve brought him hen- — and we propose to Bay to him, standing upon our shores with his eye directed to as, and while we know that the eve- of the civilized world are fixed Q p ,ii him i " Louis Kossuth, in the name of the American people \ on a cordial welcome." * 1 • ill suppose now that tli ition made to this resolution ive. 1 will BUppOSe that the measure is defeated. us look to the consequences beyond. What are they I Kossuth, admitted here to be the representative of the down-trodden con- stitutional liberties of his own country, and the representative of the up-rising liberties of Europe, shakes from his feet the dust that has gathered upon them on American shores, and re- turns to tli.' eastern continent — returns upon a point of honor with the United States of America, and therefore, in a practical view, returns, a- he will say, and those devoted to his cause will Bay, repulsed, driven back. Where then. sir. shall he find wel- come and repose? In his own beautiful native laud, at the base or on the slopes of the Carpathian bills 1 No I the Austrian despot reigns absolutely there. Shall he find it in Germany, ea^t or west, north or Boutli :' X" Bir ; the despol of Austria and FREEDOM. 2-°>3 the despot of Prussia reign absolutely there. Shall he find it under the sunny skies of Italy ? No, sir ; for the Austrian mon- arch has crushed Italy to the earth. Shall he find it in Siberia, or in the frozen regions of the North 1 No, sir ; for the Russian czar, who drove him from his native land and forced him into exile in Turkey, will be ready to seize the fugitive. The scaf- fold awaits him there. Where shall he go 1 Shall he seek protection again from the sceptred Turk? The Turk would say, 'You have eaten my salt as a-voluntary captive, and I shel- tered you until you left me under the seductions of the republic of the United States. If you come now, the laws of my country and of my God will not oblige or allow me to hazard the peace of my own people again to extend protection over you.' Where, then, shall he go ? Where else on the face of broad Europe can he find refuge but in the land of your forefathers, in Britain 1 There, God be thanked, there would be a welcome and a home for him. Are you prepared to give to the world evidence that you can not receive the representative of liberty and republican- ism, whom England can honor, shelter, and protect 1 But, Mr. President, will this transaction end there ? I fancy that I see the exile wending his lonely way, with downcast look, along the streets and thoroughfares of the great metropo- lis of Britain and the world, forsaken and abandoned, but not forgotten. Will it end in that] No, sir. Beyond us, above us, there is a tribunal, higher and greater than the Congress of the United States. It is a tribunal whose existence and juris- diction and authority we have acknowledged, and to whose judg- ment-seat we have already called the Turk, the Austrian, and the Russian, to account for their action in regard to Hungary and to Kossuth. It is the tribunal of the public opinion of the world — the public opinion of mankind. Sir, that tribunal is unerring in its judgments. It is constituted of the great, the wise and the good of all nations — not only of the great, and wise, and good, who are now living, but of the great, the wise, and the good of all ages. Before that tribunal, states, great and small, are equal. Ay, before that tribunal the proud- est empire is equalled by its humblest citizen or subject. Yes, the Indian and the serf are equal there to the American repub- lic and to the Russian empire. I know no living man entitled 23 1 SELECTIONS. by the consent of Christendom to preside in that august tribunal. But there is a venerable form that seems to rise up before me, and all the congregated nations and people deferentially make way as he advances and takes the judgment-seat. It is the shade of Franklin. And there I see the parties opposed. On the one side stands Hungary, downcast and sorrowful, but she i> surrounded by the people of many lands, who wait her re- demption and their own. On the other side I see the United States .,!' Ajnerica, sustained — mosl singular conjunction! — by the youthful and impati I Bonaparte, the sickly successpr of the Romans, and the czar of all the Russias. 1 hear the im- peachmenl read. It is, that the United States have dishonored and insulted the unfortunate representative of unfortunate Hun- gary; that they found him a captive in Asia Minor, under the protection of the Turk, bul subjected to the surveillance of the Russian tyranl ; that they adi to him words of sympathy and hope, and thai they broughl to the doors of his captivity a national vessel, with their time-honored Bag, and bade him to come upon its deck and be conveyed to a land of constitutional freedom — a land where the •> s and champions of univer- sal liberty w'ere Bure ti and sympathy, and frater- nal wide. m. • ; and that when they ha educed him from a place of obscurit} . . . and had thus broughl him to their own Bhores, and when he stood waiting there for one simple word of welcome, one Bimple Look of recognition, they turned away from him, Bpurned him from their pre ence, and cast him bacK upon the charities of Christian <»r Turk, in what- ever land thev might be found. That is the impeachment. And the United States hold up the righl hand and answer. "Not guilty." 1 866 the books of testimony opened on behalf of Hungary. Here they are. A ilution of the Con ' the United States of Ameri passed in the year L350, tendering the hospitalities 'of the nation, and the use of a national ship, to I uth ; then the mes- the president of the United States, in L851, calling upon Congress to say what shall be the ceremonial of receiving him wh<» has been broughl here under their authority ; and then the ird of this senal •. thai upon a division of its members, a res- olution <>t welcome was rejected. Thai constitutes the ease on FREEDOM. 235 the part of Hungary. Sir, the United States appear in that august tribunal by learned and eloquent defenders and advo- cates. I see there my ardent and enthusiastic young friend from Alabama [Mr. Clemens], and the candid and learned senator from Kentucky [Mr. Underwood], the impulsive and generous senator from Georgia [Mr. Dawson], the very learned and as- tute advocate, the honorable senator from North Carolina [Mr. Badger], and, lastly, he who holds the first place in our vene- ration of living senators, save only one [Mr. Clay], the honora- ble senator from Georgia [Mr. Berrien]. I listen to the long, elaborate, and earnest defence which they make against this im- peachment. Hungary declines to reply ; and Kossuth, the ora- tor of modern times, upon whom she leans for support, for the first time overcome by a sense of cruel insult, is silent, dumb. The defence is weighed by that august Shade, in whose placid countenance I read at once the sagacity of the lightning hunter and the common sense of Poor Richard : " You say, that your invitation to the Magyar 'justified on his part and on the part of Hungary no expectation of a welcome.' How, then, came Kossuth, how came Hungary, how came the world, how came your president, to misunderstand the invitation which was addressed to the exile ? When did you first revise your diplom- acy to ascertain to what extent you might abridge the hospital- ities to which you had invited him ? Not until you were com- mitted before the world. You say that ' Kossuth was invited to be a resident, to become a citizen of the United States, and yet that he came, on the contrary, as a transient guest.' Grant it ; what then 1 Is a welcome less due to him whom you have in- vited as a perpetual guest, when he comes to thank you and decline the courtesy, than if he had accepted it and had become a perpetual charge upon your hospitalities 1 You say that the honors to Kossuth ' were moved in your senate by ambitious as- pirants for place and distinction.' Has, then, my country degen- erated so much that there are no true, genuine patriots in the senate of the United States who could lead that illustrious body in the discharge of so great a national obligation 1 You plead that the Hungarian chief ' was a noble by birth, an aristocrat by education and association, and that he had devoted himself in an effort not to disseminate the spirit of universal liberty, but to 236 SELECTIONS. fortify the privileges of the Magyar race.' If that be so, did yon not know it when yon invited him? If yon did not, hew can yon justify your ignorance of a character that was blazoned to the world? But it is not true. Kossuth's first public action in early youth, was an effort, through the Hungarian Diet, to ex- tend equal privileges of representation, of suffrage, and of taxa- tion, to all the people of Hungary, without distinction of rank, or c • race. For his fidelity to the great eause of human equality an »ned three long years in a dungeon in the castle of Buda, by the hand of the Austrian des- pot. When fa imenced that career of agitation for the res i of the constitution of liis country, which en led with Buccess in the year l v i^. WTien he had wrung that charter from tl rorof Austria, his con- stitutional king, the first exercise of Hungarian authority by the legislature which he directed, was an act which abolished all the feudal tenures, that brought land within the reach of .-ill, an. i put the Croat, the Wallarhian, the lllyrian, the and the u upon tin' Bame platfon uality before tin- law, equality rr the government, equality in representation, equality in suffrage, and equality in enduring (lie burdei overnment. It was for this that he was bunted from his native land ami came an exile to your Bhores. Who pursued him there with proaches of falsehood \~> freedom I Not tie- .lew, the Croat, or the Sclave, but the tyrant of Austria, who has reduced all the people of Hungary, of -whatever rank or race or caste, to the level of slaves. You Bay that yon whre willing to give Kossuth a welcome, but that ho demanded nn.ro. How did you know that he ' demanded more' ? How did you learn that Kossuth demanded more than a cordial welcome I Where did ho ask of you even bo much as a welcome '. Was it in your capital .' whom did ho address his « -tut and offensive reclamation .' Was it to your president I t<< your ministry 1 t.» jrour Congri No; all alike refused t<> receive him, refused even t.. hear him speak, ami yet you Bay be demanded too much. You closed lii^ mouth bet'.. re he had time to tell you what he thought, and what he wanted, or whether he wanted anything. But you replyj be overheard to say that he expected arms, men, money, 'ma* terial aid, and intervention.' Overheard 1 What! did you de- FREEDOM. 237 liver Kossuth from Russian surveillance in Turkey to establish an "espionage over him of your own 1 Shame ! shame to the country that so lightly regards the sanctity of the character of a stranger and an exile ! But you say that he would have de- manded intervention. Suppose he should have demanded inter- vention'? "Would you have been less able to -have met that unreasonable demand after having accorded to him the exact justice which was his due, than you are now when you have done him injustice, and thus clothed him with the sympathies of your people and of mankind ] But you aver that he spoke irreverently of your authority : he was overheard to say, in the outgushing of his gratitude to the generous people who received him on Staten Island, that the people were the sovereigns of the government of the United States, and you can not pardon that offence. What if he did say that? Are not the people the sovereigns of the government of the United States ? Which one of your senators or representatives dare deny in his place that the people are his sovereigns? But you say that you had a precedent ; that you once took offence at a minister of France who assumed the same position. You refer to Genet. But there is no parallel. Genet was a minister of a government ac- tually hostile, almost belligerent. He was in negotiation, and his demands were denied. He took an appeal from the decision of your government to the people. But Kossuth is no minister. He is your guest. He went to you not to negotiate, or to de- mand a light. He went by your invitation to enjoy your hos- pitalities. You have decided nothing against him. He has sub- mitted no appeal. I "do not say that you ought to have granted intervention had it been demanded. But I do say this, that the Hungarian would have demanded no more of you than, in a strait less severe than his, I solicited and obtained for the United States of America from the Bourbon of France. Could you not have pardoned him for asking what you had once asked and obtained for yourselves ? Was it so great a fault in him to sup- pose that now, in the day of your greatness, prosperity, and power, you might not be unwilling to do for Hungary what, in the day of your infancy, poverty, and weakness, France had done for yourselves 1 You say you stand upon precedent. Pre- cedent 1 By whom established 1 By yourselves. Was Hun- 2 38 SELECTIONS. gary concluded by such a precedent ? And -what precedent ? Tlie precedent of the reception given to Lafayette ? Was not even that reception grudgingly given by the Congress of the United States 1 If the ashes of Lafayette could be reanimated, and he could present himself again upon your shores, would you not now willingly accord him a greater than the welcome he before received at your hands — a welcome such as it was pro- posed to give to Kossuth I Wherein does the parallel between Kossuth and Lafayette fail ? Lafayette began his career as a soldier of liberty in the cause of your country; but he pursued it through lit'*- in an effort to establish a republic in his own be- loved land. Kossuth found the duty which first devolved upon him was towage a Btruggle for freedom in his own country. When overborne there, he became, like Lafayette, a champion of liberty throughout the world. You Bay thai the Russian might have taken offence, ts America, then, brought s<> low that Bhe fears to give offence when commanded by the laws of nature and of nations I What right had Russia to prescribe whom you should receive and whom reject from your hospitali- Let do rach humiliation be confessed/' Thus in the tribunal of the public opinion of mankind, all our pleas are disallowed. We have exposed ourselves to the censure — 1 will not say the derision of the world, — Speeches in U, S. Senc nbi r, 1 B< i I . Gonsresafofial Compromises*. It is insisted that the admission of California shall be at- tended l'\ a COMPROMISE of questions which have arisen out of BL wi.kv ! I \m OPPOSED TO U«l 3DCH COMPROMISE, IN AW AND ALL Till. POEMS IN WHICH [T HAS BEEN PBOP08BD • l'«cause, while admitting the purity and the patriotism of all from whom it is my misfortune to differ, I think all legislative compromi which are not absolutely necessary, radically wrong and essen- tially vicious. They involve the surrender of the exercise of judgment and conscience on distinct and separate questions, at distinct and separate times, with the indispensable advantages it affords for ascertaining truth. They involve a relinquishment of FREEDOM. 239 the right to reconsider in future the decisions of the present, on questions prematurely anticipated. And they are acts of usurpa- tion as to future questions of the province of future legislators. Sir, it seems to me as if slavery had laid its paralyzing hand upon myself, and the blood were coursing less freely than its wont through my veins, when I endeavor to suppose that such a compromise has been effected, and that my utterance for ever is arrested upon all the great questions — social, moral, and political — arising out of a subject so important, and as yet so incomprehensible. What am I to receive in this compromise 1 Freedom in Cali- fornia. It is well ; it is a noble acquisition ; it is worth a sacri- fice. But what am I to give as an equivalent ? A recognition of the claim to perpetuate slavery in the District of Columbia j forbearance toward more stringent laws concerning the arrest of persons suspected of being slaves found in the free states ; for- bearance from the proviso of freedom in the charters of new territories. None of the plans of compromise offered demand less than two, and most of them insist on all of these conditions. The equivalent, then, is, some portion of liberty, some portion of human rights in one region for liberty in another region. But California brings gold and commerce as well a* freedom. I am, then, to surrender some portion of human freedom in the District of Columbia, and in East California and New Mexico, for. the mixed consideration of liberty, gold, and power, on the Pacific coast. This view of legislative compromises is not new. It has widely prevailed, and many of the state constitutions interdict the introduction of more than one subject into one bill submitted for legislative action. It was of such compromises that Burke said, in one of the loftiest bursts of even his majestic parliamentary eloquence : — "Far, far from the commons of Great Britain be all manner of real vice; but ten thousand times farther from them, as far as from pole to pole, be the whole tribe of spurious, affected, counterfeit, and hypocritical virtues! These are the things which are ten thousand times more at war with real virtue, these are the things which are ten thousand times more at war with real duty, than any vice known by its name and distinguished by its proper character. "Far, far from us be that false and affected candor that is eternally in 240 SELECTION-. treaty with crime — that half virtue, which, like the ambiguous animal that flies about in the twilight of a compromise between day and night, is, to a just man's e}*e, an odious and disgusting thing. There is no middle point, my lords, in which the commons of Great Britain can meet tyranny and oppression." — Speech in U. S. Senate, March 11, 1850. E\)c ^tccnptioti of Ifuflitibc .Slabcs in the jfrec .States. I advert to the proposed alteration of the law concerning fugitives from service or labor. I shall speak on this as on all subjects with due respect, but yet frankly and without reserva- tion. The constitution contains only a compact, which rests for its execution on the states. Not content with this, the Blave states induced legislation by Congress; and the supreme court of the United States have virtually decided that the whole sub- ject is within the province of Congress, and exclusive of state* authority. Nay, they have decided that slaves arc to be regarded not merely as persons to be claimed, but as property and chat- tels, to be seized without any legal authority or claim whatever. The compact is thus subverted by the procurement of the slave states. With what reason, then, can they expert the Btates, ex gratia, to reassume the obligations from which they caused those sta' ^b discharged 1 I Bay, then, to the Blave Btates, you are entitled to no more stringent laws; and that Buch laws would be useless. The cause of the inefficiency of the present statute is not at all the leniency of its provisions. It is a law that de- prives the alleged refugee from a legal obligation not assumed by him, but imposed upon him by laws enacted before he was born, of the writ of habeas corpus, and of any certain judicial process of examination of the claim set up by his pursuer, and finally degrades him into a chattel which may be seized and carried away peaceably wherever found, even although exer- cising the rights and reponsibilities of a free citizen of the com- monwealth in which he resides, and of the United States — a law which denies to the citizen all the safeguards of personal liberty, to render less frequent the escape of the bondman. I Bince complaints are bo freely made against the one side, 1 shall not hesitate to declare that there have been even greater faults on the other side. Relying on the perversion of the con- stitution, which makes sines mere chattels, t be slave FREEDOM. 241 have applied to them the principles of the criminal law, and have held that he who aided the escape of his fellow-man from bondage was guilty of a larceny in stealing him. I speak of what I know. Two instances came within my own knowledge, in which governors of slave states, under the provision of the constitution relating to fugitives from justice, demanded from the governor of a free state the surrender of persons as thieves whose alleged offences consisted in constructive larceny of the rags that covered the persons of female slaves, whose attempt at escape they had permitted or assisted. We deem the principle of the law for the recapture of fugi- tives, as thus expounded, therefore, unjust, unconstitutional, and immoral ; and thus, while patriotism withholds its approbation, the consciences of our people condemn it. You will say that these convictions of ours are disloyal. Grant it for the sake of argument. They are, nevertheless, honest ; and the law 1 is to be executed among us, not among you ; not by us, but by the federal authority. Has any govern" ment ever succeeded in changing the moral convictions of its subjects by force ? But these convictions imply no disloyalty. We reverence the Constitution, although we perceive this de- fect, just as we acknowledge the splendor and the power of the sun, although its surface is tarnished with here and there an opaque spot. Your constitution and laws convert hospitality to the refugee from the most degrading oppression on earth into a crime, but all mankind except you esteem that hospitality a virtue. The right of extradition of a fugitive from justice is not admitted by the law of nature and of nations, but rests in voluntary compacts. I know of only two compacts found in diplomatic history that admitted extradition of slaves. Here is one of them. It is found in a treaty of peace made between Alexander, Comne- nus, and Leontine, Greek emperors at Constantinople, and Oleg, king of Russia, in the year 902, and is in these words : — " If a Russian slave take flight, or even if he is carried away by any one, under pretence of having been bought, his master shall have the right and power to pursue him, and hunt for and capture him wherever he shall be found ; and any person who shall oppose the master in the execution of this right, shall be deemed guilty of violating this treaty, and be punished accordingly." 11 242 SELECTIONS. This was in the year of grace 902, in the period called the " Dark Ages," and the contracting powers were despotisms. And here is the other : — "No person held to service or labor in one stale, under the laws thereof, escaping into another, shall, in consequence of any law or regulation there- in, lie discharged from such service or labor, but shall be delivered up, on claim of the party to whom such service or labor is due." This is from the constitution of the United Si ' - in 17S7,and the parties were the republican states of this Union. The law of nations disavows snch compacts; the law of nature, written on the hearts and consciences of freemen, repudiates them Armed power could not enforce them, because there is no pub- lic conscience to sustain thorn. I know that there are laws of various BOrts which regulate the conduct of men. There are constitutions and statutes codes mercantile and codes civil; hut when we are h gislating for sti lly when we are found jng states, all these laws must be brought t" the standard of the laws of God, and musl be tried by that standard, and must stand or fall by it. Ties principle was happily explained by one of the most distinguished political philosophers of England in these emphatic words : — ly, that law which as all law ; the law of ear Creator, the law of humanity, justice, equity, the law of nature and oi fortify this primeval law, and it more preo more effed bj their declarations, such laws enter into tfc iry and participate io the sacredn< m of its char- acter; but the man who q • abueee of tyrants and i it pollutes the very fountains of justi roya the foundations of all law, and therefor..' removes the only safeguard against evil men, whether governors or governed; the guard which prevents governors from becoming tyrants, and the gov< rned from becoming rebels." Their was deep philosophy in the confession of an eminent English judge. When he had condemned a young woman to death, under the late Bahguinary code of his country, for her first petty theft, she fell down dead at his feet. •• 1 Beem to myself," said he, "to have been pronouncing sentence, not Inst the prisoner, but against the law itself." To conclude uld give to the Bection any greater force, ct, or power; because all laws must be tried by the constitu- tion before the judiciary. It results from tins thai the court in which Buch a claim Bhould be asserted, would be confined to try the questions first, whether the alleged fugitive from labor was held to labor to the claimant in another Btate by the laws of that state, and secondly, whether he had escaped from thai Btate into the Btate where he was found. And the courl would bave a right t" decide upon the validity of the laws of the other state, h\ which the fugitive was alleged to he held to labor, and be obliged t" decide upon them as courts now do in all cases of conflict of laws. The court would be restricted in this judicial proceeding, only in two respects; first, they must not allow a plea of any law- or regulation of the state where the fugitive was found, t>. w«.rk his discharge from an obligation created by the law- «.f the state from which he tied; and secondly, the curt might perhaps be obliged, by the last clause of the section, to pronounce judgment, that the fugitive should be delivered to the party who had established the claim to the labor or service of the fugitive. If it be assumed that the courts of the state, or FREEDOM. 245 of the United States, might disregard the constitutional inhibi- tion : we reply, first, that Congress can not presume, nor can this court presume that any court would be guilty of a derelic- tion ; and secondly, that the remedy could always be applied in a revision of the proceedings of inferior courts by the supreme court of the United States, whose power on questions of consti- tutional law is higher than that of the legislature Again. It is a duty of the citizen, and a duty of man, in every social state, and even in savage life, to give necessary shelter, comfort, and sustenance, to the wayfaring man, the stranger, and the fugitive. Such exiles have a natural right to demand protection and charity. That right is sustained by di- vine laws. The act of 1793, however necessary, or even just its provisions, by forbidding hospitalities to a class excepted from among all other men, is in derogation of the rights of citizenship, and of manhood. — Argument, U. S. Bwpreme Court, Dec, 1847. HptcatHtion of jfusitiih-s. "No person held to service or labor, 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," &c. This is a mere announcement of a principle which shall be paramount, in courts of justice, to any local laws or regulations. Nor is the origin of the principle of this latter clause, in any degree the same, with the source to which we have traced the principle of extradition of fugitives from justice. The latter is found in the comity of nations, and in the necessity of maintain- ing the cause of justice, of order, of law, and of government. The former has no such foundation. If by the words " persons held to service or labor" are meant, as some suppose, persons held by contract, we shall look in vain throughout the history of every civilized state, for a principle so much at war with hu- man liberty, as the surrender of fugitive debtors. Some modern states allow to citizens, or subjects of other states, access to courts of justice, to enforce obligations of debt by the remedies given in similar cases to their own citizens. None ever surren- dered — and none ever will surrender a fugitive debtor, to be conveyed to the state where the obligation was incurred. 246 SELECTIONS. Another opinion exists, which is thus expressed by the late and lamented Justice Story : " The object of this rlar.se was 1 to secure to the citizens of the slave-holding states the complete right and title of ownership in their slaves as property in every state in the Union, into which they might escape from the stale where they were held in servitude. 1 " If this opinion be adopt- ed, the very shadow of analogy between the two constitutional powers will vanish. For, by the general law of nations, none is bound to recogni-e the state of slavery as t<> foreign slaves, found within its territorial dominions, when it is in opposition to Ik own policy and institutions, in favor of the subjects of other nations, Where slavery is ised. There is not qow, and never was, any such comity of nations, as dictated compacts for the surrender of fugitive Blaves. No Christian nation would ever make Buch a compact. Every Btate has denied an obliga- tion to surrender persons claimed t<> bo Blaves. It was truly , by the distinguished judge Las! mentioned, that " if the con- stitution had not contained the clause now under consideration, ry non-slaveholding state in the Union would have been at liberty to have declared free all runaway slaves coming within imits, and to have given them entire immunity, and protec- tion against the claims of their mi Therefore the clause is an abridgment of state soven — it conflicts with the prin- ciples of natural and civil liberty, and contrasts, at least, Btrongly with the rights and privileges guarantied to the citizens of all the Btates by the constitution. It is, therefore, to be Btrictly construed, li 1 Btrictly construed, the clause Bpends its whole ■•■ in an inhibition of laws and regulations calculated, in one te, to work a discharge of fugitives held to labor in other by the laws thereof, and neither needs nor contemplates, islation by Coi at relies for its execution, upon the judicial authorities of the states and of the Union. The work of usurpation once begun, derives strength from precedent and fearful force from judicial acquiescence. Thus it has happened in regard to the claim under consideration. The very structure of the provision Bhows that it was designed merely to limit and restrict the legislative power of the states, not to deprive them of all power to legislate concerning fugitives from slavery. No person held to labor by the laws of one Btate, and FREEDOM. 247 escaping into another, shall be discharged in consequence of any law or regulation of that state. This language plainly implies that any state may pass what laws, and establish what regula- tions it may deem expedient, and those laws will be valid and effectual, save only in one respect, namely, that no person shall, in consequence thereof, be discharged from labor or service due, in another state, by the laws thereof. It was so understood throughout the Union. Accordingly, at a very early period, every state, or almost every state, enacted laws regulating the proceedings on the claim of fugitives, in harmony, as was be- lieved, with the constitutional provisions. But after a lapse of fifty years, and after acquiescence during that period by nearly all the states in this system of legislation, it was decided in the case of Prigg vs. Pennsylvania, that the restriction of state leg- islative power was an absolute inhibition of its exercise. With the most profound deference, we submit that the error of that adjudication need not be exposed by argument, but is apparent and rendered palpable, by bringing the constitution and the adjudication into simple juxtaposition and contrast. — Argument in U. S. Supreme Court, 1847. Emancipation in tije district of Columbia. We of the free states are, equally with you of the slave states, responsible for the existence of slavery in this district, the field exclusively of our common legislation. I regret that, as yet, I see little reason to hope that a majority in favor of eman- cipation exists here. The legislature of New York, from whom, with great deference, I dissent, seems willing to accept now the extinction of the slave-trade, and waive emancipation. But we shall assume the whole responsibility if we stipulate not to ex- ercise the power hereafter when a majority shall be obtained. Nor will the plea Avith which you would furnish us be of any avail. If I could understand so mysterious a paradox myself, I never should be able to explain to the apprehension of the peo- ple whom I represent, how it was that an absolute and express power to legislate in all cases over the District of Columbia was embarrassed and defeated by an implied condition not to legis- late for the abolition of slavery in this district. Sir, I shall vote 243 SELECTIONS. for that measure, and I am willing to appropriate any means necessary to carry it into execution. And, if I shall be asked what I did to embellish the capital of my country, I will point to her freedmen, and say, " These are the monuments of my mu- nificence !" I think it wrong to hold men in bondage at any time and under any circumstances. I thing it right and just, therefore, to abolish slavery when we have the power, at any time, at all times, under any circumstances. Now, Ear as the objection ts upon the time when this measure is proposed, 1 beg leave to say that if tin' present time is not tin- right time, then there musl be, or there must have been, some other time, and that must be a time that i> already past, or time yet to come. Well, sir, slavery has existed here under the sanction of Congress for fifty years, undisturbed*. Tin' right time, then, has not passed. Jt must, therefore, be a future time. Will gentlemen oblige me ami the country by tilling as how far down in the future the right. time lies ? When will it he discreet to bring before Congress am! the people the abolition of slavery in the District of Colum- bia . ; Sir. let m>t senators delude themselves. The right time, it' it be not now, will never come. Sir, each Benator must jn for himself. Judging for myself, 1 am suit the right time has t the middl F life, it has happened to me now, for the first time, to be a legislator for slaves. 1 believe it to be my duty to the people of this district, to the country, and to mankind, to restore them to freedom. For the performance of such a duty, the Jirst time and the first occasion which offers is the right <>ne. The people who Bent me here knew my opin- ions and my principles on thai subject. If 1 should waive this time and this occasion, such is the uncertainty of human life and human events, that n<» other may offer themseh es to me. I could not return to the people who sent me here, nor could 1 go be- fore my Maker, having been here, without having humbly, bnt firmly, endeavored to discharge that great obligation. Sir, I can spare one word of reply, not to the wretched impu- tation that I seek by tliis measure to dissolve the union ofthi Btates, hut to the argument thai the measure itself tends I disastrous a consummation. This Union is the feeblest and FREEDOM. 249 weakest national power that exists on the earth, if with twenty- millions of freemen now it can not bear the shock of adding two thousand to their number. The Union stands, as I have de- monstrated at large on former occasions, not upon a majority of voices in either or both houses of Congress upon any measure whatever, but upon enduring physical, social, and political ne- cessities, which will survive all the questions and commotions and alarms of this day, and will survive the extinction of slavery, not only in the District of Columbia, but throughout the world. Others may try to save it from imaginary perils, by concessions to slavery. I shall still seek to perpetuate it by rendering the exercise of its power equal, impartial, and beneficent, to all classes and conditions of mankind. — Speeches in U. S. Senate, 1S50. Amission of Ncto Slabcfjolotmj States. I said I would have voted for the admission of California even as a slave state, under the extraordinary circumstances which I have before distinctly described. I say that now ; but I say also, that before I would agree to admit any more states from Texas, the circumstanees which render such an act neces- sary must be shown, and must be such as to determine my obli- gation to do so ; and that is precisely what I insist can not be settled now. It must be left for those to whom the responsibility will belong. Mr. President, I understand, and I am happy in understand- ing, that I agree with the honorable senator from Massachusetts, that there is no obligation upon Congress to admit four new slave states out of Texas, but that Congress has reserved her light to say whether those states shall be formed and admitted or not. I shall rely on that reservation. I shall vote to admit no more slave states, unless under circumstances absolutely compulsory — and no such case is now foreseen. Mr. Webster. What I said was, that if the states hereafter to be made out of Texas choose to come in as slave states, they have a right so to do. Mr. Seward. My position is, that they have not a right to come in at all, if Congress rejects their institutions. The subdi- 11* 2.">0 SELECTIONS. vision of Texas is a matter optional with both parties, Texas and the United States. Mr. Webster. Does the honorable senator mean to say that Congress can hereafter decide whether they shall be slave or free states ? Mr. SEWARD. I mean to Bay that Congress can hereafter de- cide whether any states, slave or free, can be framed ont of Texas. 11 they should never be framed out of Texas, they never could bo admitted. Anothi arises out of the principle on which the de- mand for compromise rests. That principle assumes a classifica- tion of the states as northern and Bcrathern states, as if is ex- pressed by the honorable senator from South Carolina [Mr. Cal- houn], but into slave Btatesand free Btates, as more directly ex- I by the honorable senator from Georgia [Mr. Berrij The argument is, that the Btates are severally equal, and that these two classes were equal at the first, and that the constitu- tion was founded on that equilibrium; that th< being equal, and the classes i f the Btates being equal in rights, they constituting an association in which each state, and each of these cl respectively, contribute indue proportions; that the new territories are a common se- ction, and the people of thes 1 Btates and classes of have an equal right to participate in them, respectively ; that the right of flie people of the slave states t" emigrate to the territories with their sL property is necessary to afford Buch a participation on their part, inasmuch as the people of the free states emigrate into the Bame territories with their property. And the argument deduces firom this right the principle that, if Congress exclude Blavery from any pari of this new domain, it would be only just to Bet off a portion of the domain — Bome Bay Bouth of 36 30 . others south of 34 — which Bhould be regarded at least as free to Blavery, and to be organized into slave Btates. rument ingenious and subtle, declamation earnest and bold, and persuasion gentle and winning as the voice of the turtle dove when it is heard in the land, all alike and all together have failed to convince me of the soundness of this principle of the proposed compromise, or of any one of the propositions on which it is attempted to be established. FREEDOM. 251 How is the original equality of the states proved? It rests on a syllogism of Vattel, as follows : All men are equal by the law of nature and of nations. But states are only lawful aggre- gations of individual men, who severally are equal. Therefore,' states are equal in natural rights. All this is just and sound. But assuming the same premises, to wit, that all men are equal by the law of nature and of nations, the right of property in slaves falls to the ground ; for one who is equal to another can not be the owner or property of that other. But you answer, that the constitution recognises property in slaves. It would be sufficient, then, to reply, that this constitutional recognition must be void, because it is repugnant to the law of nature and of nations. But I deny that the constitution recognises property in man. I submit, on the other hand, most respectfully, that the constitution not merely does not affirm that principle, but, on the contrary, altogether excludes it. The constitution does not expressly affirm anything on the subject ; all that it contains is two incidental allusions to slaves. These are, first, in the provision establishing a ratio of represen- tation and taxation ; and secondly, in the provision relating to fugitives from labor. In both cases, the constitution designedly mentions slaves, not as slaves, much less as chattels, but as per- sons. That this recognition of them as persons was designed is historically known, and I think was never denied. I give only two of the manifold proofs. First, John Jay, in the Federalist, says : "Let the case of the slaves be considered, as it is in truth, a peculiar one. Let the compromising expedient of the constitution be mutually adopted which regards them as inhabitants, but as debased below the equal level of free inhabitants, which regards the slave as divested of two fifths of the man." Yes, sir, of two fifths, but of only two fifths ; leaving still three fifths ; leaving the slave still an inhabitant, a person, a living, breathing, moving, reasoning, immortal man. The other proof is from the debates in the convention. It is brief, and I think instructive : — August 28, 1*787. "Mr. Butler and Mr. Pinckney moved to require fugitive slaves and ser- vants to be delivered up like convicts. •" 252 SELECTION-. " Mr. "Wilson. This would oblige the executive of the state to do it at public expense. "Mr. Sherman saw no more propriety in the public seizing and surren- dering a slave or a servant than a horse. "Mr. Butler withdrew his proposition, in order that some particular provision might be made, apart from this article." August 29, 1787. "Mr. Bi'tleti moved to in^'i-t after article 15: 'If any person bound to service or labor in any of the United State- sliall escape into another stale, he or she shall not be discharged from such service or labor in consequence of any regulation subsisting in the Btate to which they escape, but sliall be delivered up to tli justly claiming their service or labor.'" "After the engrossment, September 15, | !. section 2, the third paragraph, the term 'legally' . -k out, and the words, 'under the laws the I after the v. .' in compliance with the wishes o -lit the term ' [uivoeal, and favoring the idea thai was legal in a tnor ■'.'. 192. I doom it established, thon, tlmt tlio constitution does not rec- ognise property in man. lmt leaves tlmt question, as between tho Btates, to the law of nature and of nations. That law, as expounded by Vattel, is founded <>n tho reason of things. When G 'I had created the earth, with its wonderful adaptations, he gave domini( n over it to man, al Bolute human dominion. The title of thai dominion, thus bestowed, would have been incom- plete, if the Lord of all terrestrial things could himself have been the property of his fellow-man. The right to ham a Blave implies the right in some "no to make the that right must be equal and mutual, and this would live Bocjety into a Btate of perpetual war. But if wo -rant tlic original equality of the states, and grant also the constitu- tional recognition of Blaves as property, still the argument we arc considering fails. Because the states arc not parties to the constitution as states ; it is the constitution of the peoplo of the United Stat< But even if die Btates continue under the constitution ;i s states. they nevertheless surrendered their equality as states, and sub- mitted themselves to the Bway of the numerical majority, with qualifications or checks; first, of the representation of three fifths of slaves in the ratio of representation and taxation; and, secondly, of the equal representation of states in the senate. FREEDOM. 253 The proposition of an established classification of states as slave states and free states, as insisted on by some, and into northern and southern, as maintained by others, seems to me purely imaginary, and of course the supposed equilibrium of those classes a mere conceit. This must be so, because, when the constitution was adopted, twelve of the thirteen states were slave states, and so there was no equilibrium. And so as to the classification of states as northern states and southern states. It is the maintenance of slavery by law in a state, not parallels of latitude, that makes it a southern state ; and the absence of this, that makes it a northern state. And so all the states, save one, were southern states, and there was no equilibrium. But the constitution was made not only for southern and northern states, but for states neither northern nor southern, namely, the west- ern states, their coming' in being foreseen and provided for. It needs little argument to show that the idea of a joint stock association, or a copartnership, as applicable even by its analo- gies to the United States, is erroneous, with all the consequen- ces fancifully deduced from it. 'The United States are a polit- ical state, or organized society, whose end is government, for the security, welfare, and happiness, of all who live under its pro- tection. The theory I am combating reduces the objects of government to the mere spoils of conquest. Contrary to a the- ory so debasing, the preamble of the constitution not only asserts the sovereignty to be, not in the states, but in the peo- ple, but also promulgates the objects of the constitution : — "We, the people of the United States, in order to form a. more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty, do ordain and establish this constitution." Objects sublime and benevolent ! They exclude the very idea of conquests, to be either divided among states or even en- joyed by them, for the purpose of securing, not the blessings of liberty, but the evils of slavery. — Speech in U. S. Senate, 1850. 254 SELECTIONS. (Discs of tfjr National Contain. It is true, indeed, that the national domain is ours. It is true it was acquired by the valor and with the wealth of the whole nation. But we hold, nevertheless, no arbitrary power over it. We hold no arbitrary power over anything, whether acquired lawfully or Beized by usurpation. The constitution regulates our stewardship ; the constitution devotes 'the domain to union, to justice, t'> defence, t<> welfare, and to liberty. But there is a higher law than the constitution, which regu- lates our authority over the domain, and devotes it to the same noble purposes, The territory i^ a part, no inconsiderable part, of tin' common heritage of mankind, bestowed upon them by the Creator of the universe. Wo arc his stewards, and must so discharge our trust as to Becure in the highest attainable degree their happiness. How momentous that trust is, we may learn from the instructions of the founder of modern philosophy: — "No man," says Bacon, "can 1< the Scripture Baith, n>M a cnbit t<> \\\< Btature in thii little model ">f a man's body; but, in the great frame of kingdoms and commonwealths, it is in the power of princes or tea to add amplitude and their kingdom. For, by intro- ducing -M'l» ordinanc ms, and customs, as ar-' wise, they may ,i e com- monly rved, but left to talc.' their eh ai Tliis is a statf, and we arc deliberating for it, just as our fathers deliberated in establishing the institutions we enjoy. Whatever superiority there is in our condition and hopes over those of any other " kingdom" or " estate/' is due to the fortu- nate circumstance that our ancestors did not leave things to "take their chance," but that they "added amplitude and great- ness" to our commonwealth " by introducing such ordinances, constitutions, and CU8tom8, as were wise." We in our turn have s d to the same responsibilities, and we can not approach the duty before us wisely or justly, except we raise, ourselves to the great consideration of how we can most cer- tainly " sow greatness to our posterity and successors." Ami now the simple, bold, and even awful question which presents itself to us is this \ Shall we, who are founding insti- tutions, social and political, for countless millions — shall we, FREEDOM. 255 who know by experience the wise and the just, and are free to choose them, and to reject the erroneous and unjust — shall we establish human bondage, or permit it by our sufferance to be established ? Sir, our forefathers would not have hesitated an hour. They found slavery existing here, and they left it only because they could not remove it. There is not only no free state which would now establish it, but there is no slave state which, if it had had the free alternative as we now have, would have founded slavery. Indeed, our revolutionary predecessors had precisely the same question before them in establishing an organic law under which the states of Ohio, Indiana, Michigan, Illinois, and Wisconsin, have since come into the Union, and they solemnly repudiated and excluded slavery from those states for ever. I confess that the most alarming evidence of our degeneracy which has yet been given is found in the fact that we even debate such a question. — Speech in U. S. Senate, 1850. Slabeti? in tfjc Heto territories. Sir, there is no Christian nation, thus free to choose as we are, which would establish slavery. I speak on due consid- eration, because Britain, France, and Mexico, have abolished slavery, and all other European states are preparing to abolish it as speedily as they can. We can not establish slavery, be- cause there are certain elements of the security,- welfare, and greatness of nations, which we all admit, or ought to admit, and recognise as essential ; and these are, the security of natural rights, the diffusion of knowledge, and the freedom of industry. . Slavery is incompatible with all of these ; and, just in proportion to the extent that it prevails and controls in any republican state, just to that extent it subverts the principle of democracy, and converts the state into an aristocracy or a despotism. I will not offend sensibilities by drawing my proofs from the slave states existing among ourselves ; but I will draw them from the greatest of the European slave states. The population of Rus- sia in Europe, in 1S44, was fifty-four millions, two hundred and fifty-one thousand. Of these, fifty-three millions and five hun- dred thousand were serfs, and the remaining seven hundred and fifty-one thousand, nobles, clergy, merchants, etc. 256 SELECTIONS. The imperial government abandons the control over the fifty- three and a half millions to tlieir owners; and these owners, included in the seven hundred and fifty-one thousand, are thus a privileged class, or aristocracy. If ever the government inter- fores at all with the serfs, who are the only laboring population, it is by edicts designed to abridge their opportunities of educa- tion, and thus continue their debasement. What was the origin of this system I Conquest, in which the captivity of the con- quered was made perpetual and hereditary. This, it Beems to me, is identical with American slavery, only at one and the same time i ated by the greater disproportion between the privileged classes and the slaves in their respective numbers, and yet relieved of the unhappiest feature of American alav< the distinction of a 3tes. What but this render- Russia at once the most arbitrary despotism and the most barbarous state in Europe? And what is it- effect, but industry comparatively profitless, and sedition, not occasional and partial, but chronic and pervading the empire. I Bpeafc of slavery not in the lan- guage "t" fancy, but in the language of philosophy. Montes- quieu remarked upon the proposition to introduce slavery into France, that the demand for slavery was the demand of luxury and corruption, and not the demand of patriotism. < >f all slavery, African slavery is the worst, for it combines practically the fea- tures of what is distinguished as real slavery, or Berfdom, with the personal slavery known in the oriental world. Its domestic feature- lead t<» \ ice. wliile its political features render it inju- rious and dangerous to the state. I can not stop to debate long with those who maintain that slavery is itself practically economical ami humane. I might be content with Baying that there are some axioms ill political science that a statesman or a founder of states may adopt, especially in the Congress of the United States, and that among those axioms are these: That all men are created equal, and have inalienable rights of life, liberty, and the choice -of pur- suits of happiness j that knowledge promotes virtue, and right- eousness exalteth a nation ; that freedom is preferable to slavery, and that democratic governments, where they can be maintained by acquiescence, without force, are preferable to institutions exercising arbitrary and irresponsible power. FREEDOM. 257 It remains only to remark that our own experience lias proved the dangerous influence and tendency of slavery. All our ap- prehensions of dangers, present and future, begin and end with slavery. If slavery, limited as it yet is, now threatens to sub- vert the constitution, how can we, as wise and prudent states- men, enlarge its boundaries, and increase its influence, and thus increase already-impending dangers 1 Whether, then, I regard merely the welfare of the future inhabitants of the new territo- ries, or the security and welfare of the whole people of the United States, or the welfare of the whole family of mankind, I can not consent to introduce slavery into any part of this con- tinent which is now exempt from what seems to me so great an evil. — Speech in U. S. Senate, 1850. ^pprefjensfons of Bisunton e&rouniJlcssf. And this brings me to the great and all-absorbing argument that the Union is in danger of being dissolved, and that it can only be saved by compromise. I do not know what I would not do to save the Union ; and therefore I shall bestow upon this subject a very deliberate consideration. I do not overlook the fact that the entire delegation from the slave states, although they differ in regard to the details of the compromise proposed, and perhaps in regard to the exact cir- cumstances of the crisis, seem to concur in this momentous warn- ing. Nor do I doubt at all the patriotic devotion to the Union which is expressed by those from whom this warning proceeds. And yet, sir, although such warnings have been uttered with impassioned solemnity in my hearing every day for near three months, my confidence in the Union remains unshaken. I think they are to be received with no inconsiderable distrust, because they are uttered under the influence of a controlling interest to be secured, a paramount object to be gained ; and that is an equilibrium of power in the republic. I think they are to be received with even more distrust, because, with the most pro- found respect, they are uttered under an obviously high excite- ment. Nor is that excitement an unnatural one. It is a law of our nature that the passions disturb the reason and judgment just in proportion to the importance of the occasion, and the 258 SELECTIONS. consequent necessity for calmness and candor. I think they are to be distrusted, because there is a diversity of opinion in regard to the nature and operation of this excitement. The senators from some states say that it has brought all parties in their own region into unanimity. The honorable senator from Kentucky [Mr. Clay] says that the danger lies in the violence of party spirit, and refers us for proof to the difficulties which attended the organization of the house of representatives. Sir, in my humble judgment, it is not the fierce conflict of parties that we are seeing and hearing; but, on the contrary, it is the agony of distracted parties — a convulsion resulting from the too narrow foundations of both the great parties, and of all parties — foundations laid in compromises of natural justice and of human liberty. A question, a moral question, transcending the too narrow creeds of parties, has arisen ; the public con- science expands with it, and the green withes of party associa- tions give way and break, and fall off from it. No, sir; it is not the state that is dying of the fever of party spirit. It is merely a paralysis of parties, premonitory however of their restoration, with now elements of health and vigor to be imbibed from that spirit of the age which is SO justly called Progri the evil that of unlicensed, irregular, and turbulent fac- tion. We are told that twenty legislatures are in Bession, burn- ing like furnaces, heating and inflaming the popular passions. Hut these twenty legislatures are constitutional furnaces. They are performing their CUBtomary functions, imparting healthful heat and vitality while within their constitutional jurisdiction. If they rage beyond its limits, the popular passions of this coun- try are not at all, I think, in danger of being inflamed to exc< No, BU*j let none of these tires 'he extinguished. Tor ever let them burn and blaze. They are neither ominous meteors nor baleful comets, but planets ; and bright and intense as their 1, may be, it is their native temperature, and they must still ol the law which, by attraction toward this solar centre, holds them in their splie: I see nothing of that conflict between the southern and north- ern state-, ..)• between their representative bodies, which seems to be on all sides of me assumed. Not a word of menace, not a word of anger, not an intemperate word, has been uttered in FREEDOM. 259 the northern legislatures. They firmly but calmly assert their convictions ; but at the same time they assert their unqualified consent to submit to the common arbiter, and for weal or wo abide the fortunes of the Union. What if there be less of moderation in the legislatures of the south ? It only indicates on which side the balance is inclining, and that the decision of the momentous question is near at hand. I agree with those who say that there can be no peaceful disso- lution — no dissolution of the Union by the secession of states; but that disunion, dissolution, happen when it may, will and must be revolution. I discover no omens of revolution. The predictions of the political astrologers do not agree as to the time or manner in which it is to occur. According to the author- ity of the honorable senator from Alabama [Mr. Clemens], the event has already happened, and the Union is now in ruins. According to the honorable and distinguished senator from South Carolina [Mr. Calhoun], it is not to be immediate, but to be de- veloped by time. What are the omens to which our attention is directed ? I see nothing but a broad difference of opinion here, and the ex- citement consequent upon it. I have observed that revolutions which begin in the palace seldom go beyond the palace-walls, and they affect only the dynasty which reigns there. This revolution, if I understand it, began in this senate-chamber a year ago, when the represen- tatives from the southern states assembled here and addressed their constituents on what were called the aggressions of the northern states. No revolution was designed at that time, and all that has happened since is the return to Congress of legisla- tive resolutions, which seem to me to be only conventional re- sponses to the address which emanated from the capitol. Sir, in any condition of society there can be no revolution without a cause, an adequate cause. What cause exists here ? We are admitting a new state ; but there is nothing new in that ; we have already admitted seventeen before. But it is said that the slave states are in danger of losing political power by the admission of the new state. Well, sir, is there anything new in that 1 The slave states have always been losing political power, and they always will be while they have any to lose. At first, 260 SELECTIONS. twelve of the thirteen states were slave states; now only fifteen out of the thirty are slave states. Moreover, the change is con- stitutionally made, and the government was constructed so as to permit changes of the balance of power, in obedience to changes of the forces of the body politic. Danton used to say, ,l It's all well while the people cry Danton and Robespierre; but wo for me if ever the people Irani to Bay, Robespierre and Danton !" That is all of it, sir. The people have been accustomed to say, "the South and the North;" they are only beginning now to say, " the North and the South." Sir, those who would alarm as with the terrors of revolution have not well considered the structure of this government, and the organization of it- forces. It is a democracy of property and persons, with a fair approximation toward universal education, and operating by means of oniversal suffrage. The constituent members of this democracy are the only persons who could sub- vert it; and they are oot the citizens of a metropolis like Pans, or of a region subjected *o the influences of a metropolis, Like ace ; but they are husbandmen, dispersed over this broad land, on the mountain and on the plain, and on the prairie, from tin 1 ocean to the K i ky mountains, and from the gn at Lakes to the gulf; and tins people are now, while we are discussing their imaginary danger, at peace and in their bappy homes, as un- concerned and uninformed of their peril as they are of events occurring in the moon. Nor have the alarmists made due allow- ance in their calculations for the influence of conservative r< tion, .stioii-- in any government, and irresistible in a rural repub- lic, operating by universal suffrage. That principle of reaction is due to the force of the habits of acquiescence and loyalty among the people. No man better understood this principle than B!a< liiwri.i.i. who has told US, in regard to factions, that "no Safe reliance can be placed in the force of nature and the bravery <»f words, except it ho corroborated by custom." Do the alarm- remember that this government has Btood sixtv years already without exacting one drop of blood I — that t! rnment has Btood sixty years, and yet treason is an obsolete crime I That . 1 trust, is fir off when the fountains of popular contentment !1 l»e broken up; hut, whenever it shall come, it will bring forth a higher illustration than has ever vet be< • (, f the FREEDOM. 261 excellence of the democratic system ; for then it will be seen how calmly, how firmly, how nobly, a great people can act in preserving their constitution, whom " love of country moveth, example teacheth, company comforteth, emulation quickeneth, and glory exalteth." When the founders of the new republic of the south come to draw over the face of this empire, along or between its parallels of latitude or longitude, their ominous lines of dismemberment, soon to be broadly and deeply shaded with fraternal blood, they may come to the discovery then, if not before, that the natural and even the political connections of the region embraced forbid such a partition; that its possible divisions are not northern and southern at all, but eastern and Avestern, Atlantic and Pacific ; and that nature and commerce have allied indissolubly for weal and wo the seceders and those from whom they are to be sepa- rated ; that while they would rush into a civil war to restore an imaginary equilibrium between the northern states and the south- ern states, a new equilibrium has taken its place, in which all those states ar« on the one side, and the boundless west is on the other. Sir, when the founders of the republic of the south come to draw those fearful lines, they will indicate what portions of the continent are to be broken off from their connection with the Atlantic, through the St. Lawrence, the Hudson, the DelaAvare, the Potomac, and the Mississippi ; what portion of this people are to be denied the use of the lakes, the railroads, and the canals, now constituting common and customary avenues of travel, trade, and social intercourse ; what families and kindred are to be separated, and converted into enemies ; and what states are to be the scenes of perpetual border warfare, aggravated by in- terminable horrors of servile insurrection 1 When those porten- tous lines shall be drawn, they will disclose what portion of this people is to retain the army and the navy, and the flag of so many victories ; and, on the other hand, what portion of the people is to be subjected to new and onerous imposts, direct taxes, and forced loans, and conscriptions, to maintain an oppo- sing army, an opposing navy, and the new and hateful banner of sedition. Then the projectors of the new republic of the south will meet the question — and they may well prepare now to an- 2 6 2 SELECTIONS. swer it — "What is all this for? What intolerable wrong, what unfraternal injustice, have rendered these calamities unavoida- ble 1 What gain will this unnatural revolution bring to us ? The answer will be : All this is done to secure the institution of African slavery. And then, if not before, the question will be discussed, What is this institution of slavery, that it should cause these unparal- leled sacrifices and these disastrous afflictions? And this will be the answer : When the Spaniards, few in number, discovered the western [ndiesand adjacent continental America, they need* ed labor to draw forth from its virgin stores some speed v return to the cupidity of the court and the bankers of Madrid. They enslaved the indolent, inoffensive, and confiding natives, who perished by thousands, and even by millions, under that new and unnatural bondage. A humane ecclesiastic advised the sub- stitution of Africans reduced to captivity in their native wars, and a pious princess adopted the suggestion, with a dispensation from the head of the church, granted on the ground of the pre- scriptive right of the Christian to enslave the traathen, to effect his conversion. The colonists of North America, innocent in their unconsciousness of wrong, encouraged the Blave traffic, and tlms the labor of subduing their territory devolved chiefly upon the African race. A happy conjuncture brought on an awaken- ing of the conscience of mankind to the injustice of slavery, simultaneously with the independence of the colonies. Massa- chusetts, Connecticut, Rhode Island, New Hampshire, Vermont, New Fork, New Jersey, and Pennsylvania, welcomed and em- braced the Spirit of universal emancipation. Renouncing lux- ury, they secured influence and empire. Hut the states of the south, misled by a new and profitable culture, elected to main- tain and perpetuate slavery; and thus, choosing luxury, they lost power and empire. When this answer shall be given, it will appeal that the ques- tion of dissolving the Union is a complex question ; thai it em- braces the fearful ISSUe whether the Union shall stand, and sla- very, under the steady, peaceful action of moral, social, and political causes, be removed by gradual, voluntary effort, and with compensation, or whether the Union shall be dissolved, and civil wars ensue, bringing on violent but complete and immediate FREEDOM. 263 emancipation. We are now arrived at that stage of our national progress when that crisis can be foreseen, when we must foresee it. It is directly before us. Its shadow is upon us. It darkens the legislative halls, the temples of worship, and the home and the hearth. Every question, political, civil, or ecclesiastical, however foreign to the subject of slavery, brings up slavery as an incident, and the incident supplants the principal question. We hear of nothing but slavery, and we can talk of nothing but slavery. And now, it seems to me that all our difficulties, em- barrassments, and dangers, arise, not out of unlawful perversions of the question of slavery, as some suppose, but from the want of moral courage to meet this question of emancipation as we ought. Consequently, we hear on one side demands — absurd, indeed, but yet unceasing — for an immediate and unconditional abolition of slavery — as if any power, except the people of the slave states, could abolish it, and as if they could be moved to abolish it by merely sounding the trumpet loudly and proclaim- ing emancipation, while the institution is interwoven with all their social and political interests, constitutions, and customs. On the other hand, our statesmen say that "slavery has always existed, and, for aught they know or can do, it always must exist. God permitted it, and he alone can indicate the way to remove it." As if the Supreme Creator, after giving us the instructions of his providence and revelation for the illumi- nation of our minds and consciences, did not leave us in all hu- man transactions, with due invocations of his holy spirit, to seek out his will and execute it for ourselves. Here, then, is the point of my separation from both of these parties. I feel assured that slavery must give way, and will give way, to the salutary instructions of economy, and to the ripening influences of humanity ; that emancipation is inevitable, and is near ; that it may be hastened or hindered ; and that whether it shall be peaceful or violent, depends upon the ques- tion whether it be hastened or hindered ; that all measures which fortify slavery or extend it, tend to the consummation of vio- lence ; all that check its extension and abate its strength, tend to its peaceful extirpation. But I will adopt none but lawful, constitutional, and peaceful means, to secure even that end ; and none such can I or will I forego. Nor do I know any impor- 264 SELECTIONS. tant or responsible political body that proposes to do more than this. No free state claims to extend its legislation into a slave state. None claims that Congress shall usurp power to abolish slavery in the slave states. None claims that any violent, un- constitutional, or unlawful measure shall be embraced. And, on the other hand, if we offer no scheme or plan for the adoption of the slave states, with tin- assenl and co-operation of Congress, it is only because the Blave Btates are unwilling as yet to receive such suggestions, or even to entertain the question of emancipa- tion in any form. But, sir, I will take this occasion to say that, while I can not ee with the honorable senator from Massachusetts in propo- sing to ty millions of dollars to remove the free col- ored population from the Blave Btates, and thus, as it appears to me, fortify slavery, thru- is no reasonable limit to which 1 am not willing to go in applying the national treasures to effect the peaceful, voluntary removal of slavery itself. 1 have thus endeavored to Bhow that there is not now, and there is not Likely to occur, any adequate cause for revolution in regard to slavery. Hut you reply that, nevertheless, you must have guaranties; and the first one is for the surrender of fugitives ,i labor. That guaranty you can not have, as 1 have already Bhown, because you can not roll back the tide of social progr< \ "ii must be content with what you have It" you wage war i inst us, you can. at most, yal inhibition from the territory now included within the state of Kentucky, and yei it took root and flour- ished in defiance of law, until it overshadowed the state. The cause of human liberty, however baffled, never rests, and in tin- eighteenth century it had borrowed new vigor from phi- losophy and the diffusion of Christianity. The movement for the abolition of slavery, which now excites bo much apprehension in portions of our country, is by no means as modern as those who think it can be suppose. It began in a meeting of Friends, in I l, in 1727, and proceeded bo slowly that it did iel the institution fron British dominions until after the lapse of one hundred and Beven rears. Fifty-six years ore the aboli could obtain a reading in the ish parliament of a petition for the suppression of the Blave- trade, and that trai ool finally abolished within what were the British col< this continent until L807. The agitation of abolition in England reached and sensibly affected the eol- - previously to the Revolution, and the Declaration of erican [ndependence bean memorable testimony of the high tone which the American mind had then assumed. The repre- sentatives who assumed to pronounce, in L776, a separation of this country from the parent Btate, were bo deeply imbued with the sentiment of abolition, that they confided the task of pre- paring the immortal declaration to John Adams, an obstinate hater of slavery, and Thomas Jefferson, a young, enthusiastic, open abolitionist. But emancipation was destined, in its turn. i iffer reaction. — A> . U. S. Supn < rt, Dec., 1847. ]. i., |>. ] l. FREEDOM. 271 of national interest — questions of revenue, of internal improve- ment, of industry, of commerce, of political rivalry, and even all questions of peace and of war. In entering the career of con- quest, you have kindled to a fiercer heat the fires you seek to extinguish, because you have thrown into them the fuel of propagandism. "We have the propagandism of slavery to en- large the slave-market, and to increase slave representation in Congress and in the electoral colleges — for the bramble ever seeks power, though the olive, the fig, and the vine, refuse it ; and we have the propagandism of freedom to counteract those purposes. Nor can this propagandism be arrested on either side. The sea is full of exiles, and they swarm over our land. Emigration from Europe and from Asia, from Polynesia even, from the free states and from the slave states, goes on, and will go on, and must go on, in obedience to laws which, I should say, were higher than the constitution, if any such laws were ac- knowledged here. And I may be allowed here to refer those who have been scandalized by the allusion to such laws to a single passage by an author whose opinions did not err on the side of superstition or of tyranny : — " If it be said that every nation ought in this to follow their own consti- tutions, we are at an end of our controversies ; for they ought not to be followed, unless they are rightly made ; they can not be rightly made if they are contrary to the universal law of God and nature." — Discourses on Government, by Algernon Sidney. You may slay the TVilmot proviso in the senate-chamber, and bury it beneath the capitol to-day ; the dead corse, in complete steel, will haunt your legislative halls to-morrow. When the strife is ended in the territories you now possess, it will be renewed on new fields, north as well as south, to fortify advantages gained, or to retrieve losses incurred, for both of the parties well know that there is " Yet, in that word Hereafter." This compromise is rendered doubly dangerous by the circum- stance that it is a concession to alarms of disorganization and faction. Such concessions, once begun, follow each other with fearful rapidity and always increasing magnitude. It is time, high time, that panics about the Union should cease ; that it should be known and felt that the constitution and the Union, within the limits of human security, are safe, firm, and perpetual. 272 SELECTIONS. tie what you can settle; confide in that old arbiter, Time, for his favoring- ajd in settling for the future what belongs to the future, and you will hereafter be relived of two classes of pa- triots whose labors can well be spared — those who clamor for inion, either to abolish slavery or to prevent emancipation, ho surrender principles or sound policy to clamors so idle. Sir, tin- agitations which alarm us are not sijrns of evils to it mild efforts of the commonwealth for relict' from mis- c 1 1 i i ■ ■ way, and one way only, to put them at rest. Lot to the ground where our forefathers stood. While we leave slavery to the care of tl where it exists, le1 as inflexibly direct the policy of the federal government to circum- scribe its limits and favor its ultimate extinguishment. Let those who have this misfortune entailed upon them, instead of contriving how* to maintain an equilibrium that never had exist- ence, consider carefully how at some time — it may be ten, or oty, or even fifty years hence — bj means, by all means of their own. and with our aid, without sudden change or violent action — they may bring about the emancipation of labor and its restoration to if- just dignity and power in the state. Lei them take hope to themselves, bope to the ; «'-. awaken hope throughout the world. They will thus anticipate only what must happen at Borne time, and what theythemsel must desire it' it can come Bafely, and i It can come without danger. Let oly this, and every cause of disagreement will cease immediately and for ever. We shall then not merely endure each other, but we shall be reconciled P, and Bhall realize once more the Concord which results from mutual league, united council.-, and equal hopes and haz- ards in the most Bublime and beneficent enterprise the earth has witnessed. >f the Powers above would tunc the harmony of such a — & U. 8. Senate, July . I FREEDOM. 273 jfttoirctration. The cause of emancipation has now reached an interesting crisis. The sentiment of justice to the African race has at length become a political element too important to be overlooked or disregarded by either of the great political parties. The expe- diency of practical emancipation is directly discussed in one slave state and thousands are prepared for it in other states where the institution has seemed impregnable. Its advocates fail to con- vince the people that it is a humane, or a necessary, or even a harmless anomaly in our constitution. Nevertheless popular action is checked by alarms concerning the threatened dangers of emancipation, civil wars, and dissolution of the Union. We live in an age when the specific influences of Christianity are widely diffused, and we shrink from prosecuting even the most benevolent designs if they seem to involve the calamities of war. If we analyze the national passion of patriotism, we shall find it to consist chiefly in veneration for the constitution, and devotion to the union of the states. The seeming indifference of the people concerning the guilt and danger of slavery has been so irksome to the impetuous that many who have been esteemed wise and patriotic citizens, have come to treat of disunion, as if it were preferable to further forbearance, or were in some way involved in the success of abolition. I trust that such sentiments will be discarded. What- ever hopes may be indulged by those who permit themselves to speculate concerning secession or nullification, we have enjoyed more abounding national prosperity, more perfect political and social equality, and more precious civil and religious liberty, by, through, and with our present constitution, than were ever be- fore secured by any people. We can not know what portion of these blessings would be lost by dissolving the present fabric and constructing another or others in its place. Heaven forbid that we should even contemplate the experiment ! Prudence in regard to the cause of emancipation forbids the indulgence of a thought of disunion. If it be so confessedly dif- ficult to awaken the national conscience, while the patriotism of abolitionists can not be justly questioned, it would be ruinous to \2* 274 SELECTIONS. suffer so noble an enterprise to be at all connected with designs which, however they may be excused or palliated, must never- theless be seditious and treasonable. I grant that the annexation of Texas, through the failure of concert among the opponents of slavery, vastly Increases the difficulty of emancipation. But still I trust that if thai great enterprise be conducted with discretion, it will advance faster than the population and political influence of the new territory. The slaveholders have enlarged the domain of our country. Let this untoward event only excite us the more. Let us rouse our- selves to the necessary effort, and enlarge indeed the "area of freed, mi." Men differ much in temperament and susceptibility, and are so variously situated, that the} receive from the same causes very unequal impressions. It is i ol in human nature that all who desire the abolition of Bla^ raid be inflamed with equal ! ; and different degrees of fervor produce different opinions concerning the measure proper to be adopted. Great caution is necessary, therefore, to preserve mutual confidence and harmony. hi flourish without these. I Ihristian Europe lost the Holy Sepulchre, which had cost S1 , many sacri- fices, Less by the bravery of the Saracens, than by the mutual ; 'the Crusaders. The protestant reformation was arrested two hundred years ago, by the distraction of the reform- ers, Rnd not a furlong's breadth has Bince been gained from the ]>;ijki1 hierarchy. 1 am far from denying that any class of abolitionists lias dune much good for their common cause, but I think the whole result h;is been much diminished by the angry conflicts between* them, often on mere metaphysical questions. I sincerely hope that these conflicts may now cease. Emancipation is now .-i political enterprise, to be effected through the consent and action of the American people. They will lend no countenance ox favor to any other than lawful and constitutional means. Nor is the range of our efforts narrowly circumscribed by the constitution. In Hi-UN of the free states there is a large mass of citizens disfranchised on the ground of color. They must be invested with the right of Biiffrage. Give them this right, and their in- fluence will be immediately fell in the national councils, and it FREEDOM. 275 is needless to say will be cast in favor of those who uphold the cause of human liberty. We must resist unceasingly the admis- sion of slave states, and urge and demand the abolition of sla- very in the District of Columbia. We have secured the right of petition, but the federal government continues to be swerved by the influences of slavery as before. This tendency can and must be counteracted ; and when one independent Congress shall have been elected, the internal slave-trade will be subject- ed to inquiry. Amendments to the constitution may be initiated, and the obstacles in the way of emancipation will no longer ap- pear insurmountable. But, gentlemen, I fear I may appear to dogmatize when I intended only to invoke concession. If I seem to do so too ear- nestly, it is because I feel so deeply interested in the cause to which your efforts are devoted, and because I believe with Burke, that " we ought to act in political affairs with all the moderation which does not absolutely enervate that vigor, and quench that fervency of spirit, without which the best wishes for the public good must evaporate in empty speculation." — Letter to Hon. S. P. Chase and Others of Ohio, May, 1845. COMMERCE. public jFaith. No reason for rejecting these claims* remains, except that they have not been paid heretofore. But mere lapse "l time |ia_\ b ii" debts, and discharges no obligations, There lias been no release, no waiver, no neglect, no delay, by the creditors. They have been here twenty-five times in fifty yeara ; that is t'i Bay, they have appeared in their successive generations, be- fore ev< . • sa Bince their claims against tin- United States accrued. A gainst such claims an. I Buch creditors there is no cription. It is said, indeed, that the nation IS Unable to pay these claims now. I put a single question in reply : When will the. nation lie more affluent than now ? The Benator [Mr. Buntbr] aa^ In, that, if the debts are just, we should pay the whole, and nol ;i moiety ; and that if the claims are unjust, then the bill proposed a gratuity — that in the «>ne ease the appropriation IS too small, and in the other too great. This i^ the plea of him who, 1 think it was in Ephesus, spoiled the statue of Jupiter of its golden robe, Baying, "Gold was too warm in summer, and too cold in winter, tor the shoul- ders of the L r od." Sir. commerce is one of the great occupations of this nation. It is the fountain of it> revenues, as it i*, the chief agent of its advancement in civilization ami enlargement of empire. It is exclusively the care of the federal authorities. It i- for the pro- tection of commerce that they pass laws, make treaties, build * For French Spoliation* COMMERCE. 277 fc rtificatioris, and maintain navies upon all the seas. But justice and good faith are surer defences than treaties, fortifications, or naval armaments. Justice and good faith constitute true national honor, which feels a stain more keenly than a wound. The na- tion that lives in wealth and in the enjoyment of power, and yet under unpaid obligations, dwells in dishonor and in danger. The nation that would be truly great, or even merely safe, must practise an austere and self-denying morality. The faith of canonized ancestors, whose fame now belongs to mankind, is pledged to the payment of these debts. " Let the merchants send hither well-authenticated evidences of then- claims, and proper measures shall be taken for their relief." This was the promise of Washington. The evidence is here. Let us redeem the sacred and venerable engagement. Through his sagacity and virtue, we have inherited with it ample and abun- dant resources, and to them we ourselves have added the newly- discoveied wealth of southern plains, and the hidden treasures of the western coast. With the opening of the half century, we are entering upon new and profitable intercourse with the ancient oriental states and races, while we are grappling more closely to us the new states on our own continent. Let us signalize an epoch so important in commerce and politics, by justly dischar- ging ourselves for ever from the yet remaining obligations of the first and most sacred of all our national engagements. While we are grou ing over all lands, let us be rigorously just to other nations, just to the several states, and just to every class and to every citizen ; in short, just in all our administration, and just toward all mankind. So shall prosperity crown all our enter- prises — nor shall any disturbance within nor danger from abroad come nigh unto us, nor alarm us for the safety of fireside, or fane, or capitol. — Speech on French Spoliation Bill in U. S. Senate, January., 21, 1851. American Hnterjnise. Come, then, senators, and suppose that you stand with me in the galleries of St. Stephen's chapel, on a day so long gone by as the 22d of March, 1775. A mighty debate has been going on here in this august legislature of the British empire. Insur- 278 SELECTIONS, rection against commercial restriction lias broken out in the dis- tant American colonies; a seditions assembly in Philadelphia has organized it; and a brave, patient, nnimpassioned, and not untried soldier of Virginia, lies, with hastily-gathered and irreg- ular levies, on the heights of Dorchester, waiting the coming out of the British army from Boston. The qnestioo whether Great Britain shall strike, or concede and conciliate, has jusl been de- bated and decided. Concession has been denied. A silence, brief but intense, is broken by the often fierce and violent, but now measured and Bolemn utterance of Burke: "My counsel has been rejected. You have determined to trample upon and extinguish a people who have, in the course of a single life, added to England as much as Bhe had acquired by a progressive increase of improvement, brought on, by varieties of civilizing conquests and civilizing settlements, in a series of seventeen hundred years. A vision has passed before my eyes; the spirit of prophecy is upon me. Listen, now, to a revelation of the con- sequences which shall follow your maddened decision. Hence- forth, there shall be division, separation, and eternal conflict in alternating war and peace between you and the child you have. oppressed, which has inherited all your indomitable love of lib- erty and all your insatiable passion for power. Though still in the gristle, and not yet hardened into the bone of manhood, A nerica will, within the short period of sixteen months, cast your dominion and defy your utmost persecution. Perfecting the institutions you have not vet Buffered to ripen, Bhe will establish a republic, the first confederate representative commonwealth, which shall in time become the admiration and envy of the world. Prance, the hereditary rival whom, only twenty yean ago, with the aid of your own colonies, you despoiled of her North Ameri- can possessions, though they had been strengthened by the geniu8of Richelieu, will take Bweel revenge in aiding the eman- cipation of those very colonies, and thus dismembering your empire. You will strike her in vain with one hand, while yon' Btretch forth the other to reduce your colonies with equal dis- comfiture. And yon, even yon, most infatuated yel most loyal prince, will within eight y< ign a treaty of peace with the royal Bourbon, and of independence with republican America ! "With fraud, corruption, tire and sword, poo will compel] COMMERCE. 279 England with conquests in the East, and within half a century they will surround the world, and the British flag shall wave over provinces covering five millions of square miles, and con- taining one sixth of the people of the glohe. Nor shall you lose your retaliation upon your ancient enemy ; for she, in the mean- time, imbibing and intoxicated by the spirit of revolution in her American affiliation, shall overthrow all authority, human and divine, and, exhausting herself by twenty-five years of carnage and desolation throughout continental Europe, shall at last suc- cumb to your victorious arms, and relapse, after ineffectual struggles, into the embraces of an inglorious military despotism. Yet, notwithstanding all these unsurpassed conquests and tri- umphs, shall you enjoy no certain or complete dominion. For, on the other hand, wild beasts and savage men and uncouth manners shall all disappear on the American continent ; and the three millions whom you now despise, gathering to themselves increase from every European nation and island, will, within seventy-five years, spread themselves over field and forest, prairie and mountain, until, in your way to your provinces in the Bahamas, they shall meet you on the shores of the gulf of Mex- ico, and on your return from the eastern Indies, they will salute you from the eastern coast of the Pacific ocean. In the mean- time, with genius developed by the influence of freedom, and with vigor called forth and disciplined in the subjugation of the forest, and trained and perfected in the mysteries of ship-build- ing and navigation, by the hardy exercise of the whale fisheries under either pole, they will, in all European conflicts, with keen sagacity, assume the relation of neutrals, and thus grasp the prize of Atlantic commerce dropped into their hands by fierce belligerents. In the midst of your studies and experiments in hydraulics, steam, and electricity, they will seize the unpractised and even incomplete inventions, and cover their rivers with steamboats, and connect and bind together their widely-separa- ted territories with canals, railroads, and telegraphs. When a long interval of peace shall have come, your merchants, combi- ning a vast capital, will regain and hold for a time the carrying trade, by substituting capacious, buoyant, and fleet packet-ships, departing and arriving with exact punctuality ; but the Ameri- cans, quickly borrowing the device, and improving on your SELECTIONS. skill, will reconquer their commerce. You will tlion rouse all the enterprise of your merchants, and all the spirit of your govern- ment, and wresting the new and mighty power of steam from the hands of your inveterate rival, will apply it to ocean navigation, and laying hold of the commercial and social correspondence between the two continents, increasing as the nations rise to hisrher civilization and come into more close and intimate rela- (ions, as- the basis of postal revenue, yon will thus restore your lost monopoly on the Atlantic, and enjoy it unmolested through a period often years. During thi a of triumph, yon will mature and perfect all the arrangements for extending this iitv device of power and revenue to connect every island of the seas and every pari y continent with your capital. Hut just at thai moment, your emulous rival will ap- pear with steamships still more capacious, buoyant and fleet, than your own, in your harl I at once subverting your Atlantic monopoly, will give earnest of her vig >rous renewal of the endless premacy of all the When you think her expelled t'rom the ocean, her flag will be Been in your ports, covering her charities contributed to relieve your popula- tion, Btricken by famine ; and while you stand hesitating whether to declare a republicanism and absolute power in conti- nental Europe, her embassadors will be seen waiting on every le-field to >f liberty \ and when that cause shall rthrown, the same constant flag shall be » even in the straits of the Dardanelles, receiving with ovations due i" conquerors the temporarily overthrown champions of free- dom. Look toward Africa! there yon Bee American colonies lifting her up from her long night of barbarism into the broad light of liberty and civilization. Look to the East, you American missionaries bringing the \ pie of the Sandwich islands into the family of nations, and American armaments peacefully Beeking yet firmly demanding the rights of humanity in Japan Look to the equator, there are American engineers opening pa by canals and railroads across the isthmus which divides the two ocean-. And last of all, look northward, and you behold American Bailors penetrating the continent oi in search of your own daring and lost navigators." Sir. this stupendous vision h m become real. All this moment- COMMERCE. 281 ous prophecy Las come to pass. The man yet lives who has seen both the end and the beginning of its fulfilment. It is his- tory. And that history shows that this enterprise of American Atlantic steam navigation was wisely and even necessarily un : dertaken, to maintain our present commercial independence, and the contest for the ultimate empire of the ocean. Only a word shall express the importance of these objects. International postal communication and foreign commerce are as important as domestic mails and traffic. Equality with other nations in re- spect to those interests is as important as freedom from restric- tion upon them among ourselves. Except Koine — which sub- stituted conquest and spoliation for commeree — no nation was ever highly prosperous, really great, or even truly independent, whose foreign communications and traffic were conducted by other states ; while Tyre, and Egypt, and Venice, and the Netherlands, and Great Britain, successively becoming the mer- chants, became thereby the masters of the world. I conjure you to consider, moreover, that England, without waiting for, and, I am sure, without expecting, so inglorious a retreat on our part, is completing a vast web of ocean steam navigation, based on postage and commerce, that will connect all the European ports, all our own ports, all the South American ports, all the ports in the West Indies, all the ports of Asia and Oceanica, with her great commercial capital. Thus the world is to become a great commercial system, ramified by a thousand nerves projecting from the one head at London. Yet, stupen- dous as the scheme is, our own merchants, conscious of equal capacity and equal resources, and relying on experience for suc- cess, stand here beseeching us to allow them to counteract its fulfilment, and ask of us facilities and aid equal to those yielded by the British government to its citizens. While our commer- cial history is full of presages of a successful competition, Great Britain is sunk deep in debt. We are free from debt. Great Britain is oppressed with armies and costly aristocratic institu- tions ; industry among us is unfettered and free. But it is a contest depending not on armies, nor even on wealth, but chiefly on invention and industry. And how stands the national ac- count in those respects] The cotton-gin, the planing-machine, 282 SELECTIONS. steam navigation, and electrical communication — these are old achievements. England only a year ago invited the nations to bring their inventions and compare them together in a palace of iron and glass. In all the devices for the increase of luxury and indulgence, America was surpassed, not only by refined England and by chivalrous France, but even by Bemi-barbarian Russia. Not until after all tin* mortification which such a result necessa- rily produced, did the comparison of utilitarian inventions begin. Then our countrymen exhibited nick's anti-friction press — a machine thai moved a power greater by two hundred and forty tons than could be raised by the Brama hydraulic press, which, having been used i Sii J< I Stevenson in erecting the tubu- lar bridge over the Btraits of Menai, had been brought forward by the British artisans as a contrivance of unrivalled merit for the generation of direct power. Next was submitted, on our behalf, the two inventions of St. John, the variation compass, which indicates the deflection of its own needle at any place, resulting from local causes; and the velocimeter, which tells, at any time, the actual speed of the vessel bearing it, and it-- distance from the port of departure— inventions adopted at oner by the admiralty of Great Britain. Then, to say ooth- ing of the ingeniously-constructed Locks exhibited by Hobbs which defied the skill of the British artisans, while he opened all of theirs at pleasure, there was Bigelow's ppwer-loom, which has brought down ingrain and Brussels carpets within the reach of the British mechanic and farmer. While the American ploughs took precedence of all other-. Sf'Cormick's reaper was acknowledged to be a contribution to the agriculture of England, surpassing in value the cost of the Crystal Palace. Nor were we dishonored in the fine arts, for a well-desen ed meed was awarded to BLughes for hi^ successful incorporation in mar- ble of the ideal of < diver Tu isl ; and the palm was conferred on Powers for his immortal statue of the Greek Slave. When these successes had turned away the tide of derision from our country, the yacht America entered the Thame-. Skilful ar- chil . that she combined, in before unknown proporti the (dement- oi and motion, and her modest challenge was reluctantly accepted, and even then only lor a tenth part of the prize she proposed. The trial w; ( s graced by the presence ol COMMERCE. 283 the queen and her court, and watched with an interest created by national pride and ambition, and yet the triumph was com- plete. In the very hour of this, of itself, conclusive demonstration of American superiority in utilitarian inventions, and in the art " that leads to nautical dominion," a further and irresistible con- firmation was given by the arrival of American clippers from India, freighted at advanced rates with shipments, consigned by the agents of the East India company* at Calcutta to their own warehouses in London. Such and so recent are the proofs, that in the capital element of invention we are equal to the contest for the supremacy of the seas. When I consider them, and consider our resources, of which those of Pennsylvania, or of the valley of the Mississippi, or of California, alone exceed the entire native wealth of Great Britain ; when I consider, moreover, our yet unelicited manufacturing capacity — our great population, already nearly equal to that of the British Islands, and multi- plying at a rate unknown in human progress by accessions from both of the old continents ; when I consider the advantages of our geographical position, midway between them ; and when I consider, above all, the expanding and elevating influence of freedom upon the genius of our people, I feel quite assured that their enterprise will be adequate to the glorious conflict, if it shall be only sustained by constancy and perseverance on the part of their government. I do not know that we shall prevail in that conflict ; but for myself, like the modest hero who was instructed to charge on the artillery at Niagara, I can say that we " will try ;" and that when a difficulty occurs no greater than that which meets us now, my motto shall be the words of the dying commander of the Chesapeake — "Don't give up the ship » — Speech on American Steam Navigation, in Senate, April 21, 1852. Sfje £©i)ale jFtsJjcrtes. Mr. President : Some years ago, when ascending the Ala- bama, I saw a stag plunge into the river, and gallantly gain the western bank, while the desponding sportsman whose rifle he had escaped, sat down to mourn his ill luck under the deep mag- 284 noNB. nolia forest that shaded the eastern shore. Yon,* sir, are a dweller in that region, and are, as all the -world know-;, a gen- tleman of cultivated taste and liberal fortunes. Perhaps then, you may have been that unfortunate hunter. Howsoever that. may have been, I wish to converse with you now of the chase, and yvt not of deer, or hawk, or hound, but of a chase upon the -; and still not of angling or trolling, nor of tin- busy toil of those worthy fishermen who seem likely t<> embroil us, certainly without reluctance on our part, in a controversy about their rights in the Bay of Fundy; bul of ;i nobler Bport, and more adventurous sportsmen than [zaak Walton, or Daniel Boone, or even Nimrod, the mightiest as well as most ancient of hunters, ever dreamed of — tin- chase of the whale over his broad range of the universal Do not hastily pronounce the subject out of order or unprofit- able, or unworthy of this high preset ce. The Phoenicians, the earliest mercantile nation known to us, enriched themselves by Belling the celebrated Tyrian dye, and glass made of sand taken from tli and they acquired not only those sources of wealth but the art of navigation itself, in the practice of their bumble calling as fishermen. A thousand years ago, King Alfred was Laying the foundations of empire for Young England, as we are now doing for Young America. The monarch whom men have justly Burnamed the Wise as well as the Great, did not disdain to listen to < ►ether, who related the adventures of a voyage along the coasl of Norway, " bo far north as commonly the \\ hale hunt- used to travel ;" nor was the Btranger Buffered to depart until lie had submitted to the king "a most just Burvey and de- scription"' of the northern Beas, not only as they extended up- ward to the North cape, but also as they declined downward along the southeast coasl of Lapland, and so following the icy beach of Russia to where the river Dwina discharged its waters into the White Bea, ")•. as it was then called, the a Archan- gel. Perhaps my poor speech may end in BOme similar lesson. The incident I have related is the burden of the earliest histor- ical notice of the subjugation of the monster of the seat to the uses of man. The fishery was carried on then, and near hundred years afterward, by the Basques, . aus. and Nor- Ron. W. K. King. COMMERCE. 285 wegians, for the food yielded by the tongue, and the oil obtained from the fat of the animal. Whalebone entered into commerce in the fifteenth century, and at first commanded the enormous price of seven hundred pounds sterling per ton, exceeding a value in this age of ten thousand dollars. Those were merry times, if not for science, at least for royalty, when, although the material for stays and hoops was taken from the mouth, the law appropriated the tail of every whale taken by an English sub- ject to the use of the queen, for the supply of the royal ward- robe Mr. President, I have tried to win the favor of the senate toward the national whale-fishery for a purpose. The whales have found a new retreat in the seas of Ochotsk and Anadir, south of Bhering straits, and in that part of the Arctic ocean lying north of them. In 1848, Captain Eoys, in the whale- ship Superior, passed through those seas and through the straits, braving the perils of an unknown way and an inhospitable cli- mate. He filled his ship in a few weeks, and the news of his success went abroad. In 1S49, a fleet of one hundred and fifty-four sail went up to this new fishing-ground ; in 1850, a fleet of one hundred and forty-four ; and in 1851, a fleet of one hundred and forty-five. The vessels are manned with thirty persons each ; and their value, including that of the average annual cargoes procured there, is equal to nine millions — and thus exceeds by near two millions the highest annual import from China. But these fleets are beset by not only such dan- gers of their calling as customarily occur on well-explored fish- ing grounds, but also by the multiplied clangers of shipwreck resulting from the want of accurate topographical knowledge — the only charts of those seas being imperfect and unsatisfactory. While many and deplorable losses were sustained by the fleets of 1849-'50, we have already information of the loss of eleven vessels, one thirteenth part of the whole fleet of 1851, many of which disasters might have been avoided had there been charts accurately indicating the shoals and headlands, and also places of sheltered anchorage near them. These facts are represented to us by the merchants, ship-owners, and underwriters, and are confirmed by Lieutenant Maury, who presides in this depart- ment of science in the navy, as well as in the labors and studies SELECTION of the national observatory. "We want, then, not bounties nor protection, nor even an accurate survey, hut simply an explora- tion and reconnoissance of those seas, which have so recently become the theatre of profitable adventure and brave achieve- ment by our whale-hunters. This service can be performed by officers and crews now belonging to the navy, in two or three vessels which already belong or may be added to it, and would continue, at most, onlj throughout two or three years. Happily, the measure involves nothing new, untried, or Uncommon. To Bay nothing of our recent search for the lamented Sir John Franklin, nor of our great exploring expedi- tion under Captain Wilkes, we are already engaged in triangu- lating a coast survey of the Atlantic shore. Charts, light-houses, and beacons, Bhow the pilot his way, not only over thai ocean and among its islands, but along all our rivers, and even npon our inland lakes. The absence of similar guides and beacons In the waters now in question, results from the fact that the Pacific coasl has but recently fallen under our Bway, and Behring's straits and the Beas they connect have not until now been fre- quently navigated by the Beamen of any nation. Certainly Bomebody must do this service. Bui who will I The whalers can not. No foreign nation will, tor none is interested. The constitutional power and responsibility resl with the federal eminent, and its means are adequate. — Speech in U. < s '. :/,■, July 29, L852. (Tomnurcc on tbc JJactfac. Who does no< see thai every year, hereafter, European com- merce, European politics, European thoughts, and European activity, although actually gaining greater force — and European connections, although actually becoming more intimatt will, nevertheless, relatively sink in importance ; while the Pacific ocean, it^ shores, its islands, and the vast regions beyond, will become the chief theatre of events in the world's great hen ter I Who does not see that this movement must effect our own complete emancipation from what remains of European influence ami prejudice, and in turn develop the American opinion and influence which shall remould constitutions, laws, and customs, COMMERCE. ' 287 in the land that is first greeted by the rising sun ? Sir, although I am no socialist, no dreamer of a suddenly-coming millennium, I nevertheless can not reject the hope that peace is now to have her sway, and that as war has hitherto defaced and saddened the Atlantic world, the better passions of mankind will soon have their development in the new theatre of human activity. Commerce is the great agent of this movement. Whatever nation shall put that commerce into full employment, and shall conduct it steadily with adequate expansion, will become neces- sarily the greatest of existing states ; greater than any that has ever existed. Sir, yovr will claim that responsibility and that high destiny for our own country. Are you so sure that by assuming the one she will gain the other ? They imply noth- ing less than universal commerce and the supremacy of the seas. We are second to England, indeed ; but, nevertheless, how far are Ave not behind her in commerce and in extent of empire ! I pray to know where you will go that you will not meet the flag of England fixed, planted, rooted into the very earth ? If you go northward, it waves over half of this con- tinent of North America, which we call our own. If you go southward, it greets you on the Bermudas, the Bahamas, and the Oaribbee islands. On the Falkland islands it guards the straits of Magellan ; on the South Shetland island it watches the passage round the Horn ; and at Adelaide island it warns you that you have reached the Antarctic circle. When you ascend along the southwestern coast of America, it is seen at Galopagos, overlooking the isthmus of Panama; and, having saluted it there and at Vancouver, you only take leave of it in the far northwest, when you are entering the Arctic ocean. If you visit Africa, you find the same victorious cross guarding the coast of Gambia and Sierra Leone and St. Helena. It watches you at Capetown as you pass into the Indian ocean ; while on the northern passage to that vast sea it demands your recog- nition from Gibraltar, as you enter the Mediterranean ; from Malta, when you pass through the Sicilian straits ; on the Ionian islands it waves in protection of Turkey ; and at Aden it guards the passage from the Red sea into the Indian ocean. Wherever western commerce has gained an entrance to the continent of Asia, there that flag is seen waving over subjugated millions — 288 SELECTION'S. at Bombay, at Ceylon, at Singapore, at Calcutta, at Lahore, and at Hong-Kong; while Australia ami nearly all the islands of Polynesia acknowledge its protection. Sir, I need not tell you that wherever that flag waves, it is supported and cheered by the martial airs of England. But I care not for that. The sword is not the most winning messen- ger that can ho sent abroad ; and commerce, like power, upheld by armies and navies, may in time he found to cost too much. But what is to be regarded with more concern is, thai England employs the Bteam-engine even more vigorously and more uni- :liy than her military force. Steam-engines, punctually de- parting and air' reryone ofhervarious possessions ami her island-seal of power, bring in the raw material for every manufacture and supplies for every want. The Bteam-engine j » ! i < ■ s incessantly there day and night, converting these materials into fabrics of every variety, for the use of man. Ami again the Bteam- engine for ever .ami without rest moves over the face of the deep, m.t only distributing these fabrics to every part of the globe, but disseminating also the thoughts, the principles, the language, ami religion of England. Sir, we are hold indeed to dare com- petition with Buch ;i power. Nevertheless, the resources for it ;u<' adequate. We have coal and iron no less than she, while com, timber, cattle, bemp, woo], cotton, Bilk, oil, sugar, and the grape, quicksilver, lead, copper, silver, and gold, arc all found within our own broad domain in inexhaustible profusion. What energies we have already expended, prove that we have in reserve all that arc needful. What inventions we have made, prove our equality to any exigency. < >nr capital increases, while labor scarcely knows the burden of taxation. ( rar Panama route to China has a decided advantage over that of the isthmus of Suez, ami, at the Bame time, vessels leaving that country and coming round the Horn will reach Now York, always, at l< five days Booner than vessels of equal Bpeed can double the cape of Good Hope, and make the port of Liverpool. Mr. President, we now see how conspicuous ;i parr in the great movement of th< California and Oregon are to sus- tain, and that, as yet, they are separated from ns and isolated. They will adhere to us only so long as onr government over them shall be conducted, not for our benefit, hut for their own. COMMERCE. 289 Their loyalty is great, but it can not exceed that of the thirteen ancient American colonies to Great Britain ; and yet the neglect and oppression of their commerce undermined that loyalty, and resulted in their independence. I hear often of dangers to the Union, and see lines of threatened separation drawn by pas- sionate men or alarmists, on parallels of latitude ; but, in my judgment, there is only one danger of severance — and that is involved in the possibility of criminal neglect of the new com- munities on the Pacific coast, while the summits of the Rocky mountains, and of the Snowy mountains, mark the only possible line of dismemberment. Against that danger I would guard as against the worst calamity that could befall, not only my coun- try, at her most auspicious stage of progress, but mankind also, in the hour of their brightest hopes. I would guard against it by practising impartial justice toward the new and remote states and territories, whose political power is small, while their wants are great, and by pursuing at the same time, with liberality and constancy, the lofty course which they indicate, of an aspiring yet generous and humane national ambition. — Speech in U.S. Senate, July 29, 1852. & Continental 3&atlvoa& to tfje pacific ©cean. — £ts Commercial SJ&bantajjes. You want first and most, a communication which shall bind New Orleans, and Washington, and New York, on the Atlantic, with San Francisco, on the Pacific. The safety of your country, the safety of its Pacific posessions, demands such a communica- tion — not over oceans exposed to all nations, and through a for- eign territory occupied by a discontented, aggrieved, and prob- ably hostile people, but inland, and altogether through your own country. You want, for your own use, for your own commerce, and for the commerce of Asia, a road which shall have the ad- vantage of the best Atlantic and Pacific harbors which can be obtained, with one continuous connection by land, so that there shall be no necessity for reshipment between the Atlantic and Pacific ports — not a way between ports yet to be artificially made, on the Caribbean sea, and on the Pacific coast, with chan- ges from land to water-carriage requiring breaking of bulk at least twice in the course of transit. 13 290 !.i:< CIONS. If you aim to erect a high commercial structure, you must lay your foundations broadly in agriculture, in mining, and manu- facture ; and all these within your own domain ; and use the resources which God and nature have given to you, and not those which Providence has bestowed upon your neighbors. And you want, for the same reason, a passage across the continent, of your own, not shared with any foreign domain. If you will be the carriers of Europe and of Asia, if you will be the carriers in even your mvn interoceanic commerce, you must receive, yon must convey, you must deliver merchandise, within yonr own temperate zone, not within that torrid zone whose heats arc noxious to animal ami vegetable productions, and. while so del- eterious to the articles most abundant and most essential to the subsistence of man. pestilential also to human lite itself. This is the communication across this continent which you want — Speech in U, - N Sm ■• Feb, B, 1S53. MISCELLANEOUS. (Efje Stmerfcan people— Efyziv |&oral ana intellectual Bebclopmettt. A kind of reverence is paid by all nations to antiquity. There is no one that does not trace its lineage from the gods, or from those who were especially favored by the gods. Every people has had its age of gold, or Augustan age, or heroic age — an age, alas ! for ever passed. These prejudices are not altogether un- wholesome. Although they produce a conviction of declining virtue, which is unfavorable to generous emulation, yet a people at once ignorant and irreverential would necessarily become licentious. Nevertheless, such prejudices ought to be modified. It is untrue, that in the period of a nation's rise from disorder to refinement, it is not able to continually surpass itself. We see the present plainly, distinctly, with all its coarse outlines, its rough inequalities, its dark blots, and its glaring deformities. We hear all its tumultuous sounds and jarring discords. We see and hear the past, through a distance which reduces all its inequalities to a plane, mellows all its shades into a pleasing hue, and subdues even its hoarsest voices into harmony. In our own case, the prejudice is less erroneous than in most others. The revolutionary age was truly a heroic one. Its exigencies called forth the genius and the talents and the virtues of society, and they ripened amid the hardships of a long and severe trial. But there were selfishness, and vice, and factions, then, as now, al- though comparatively subdued and repressed. You have only to consult impartial history, to learn that neither public faith, nor public loyalty, nor private virtue, culminated at that period 292 SELECTIONS. in our own country,* while a mere glance at the literature, or at the stage, or at the politics, of any European country, in any- previous age, reveals the fact that it was marked, more distinctly than the present, hy licentious morals and mean ambition. iirasoning- a jwiori again, as we did in another case, it is only just to infer in favor of the United. States an improvement of morals from their established progress in knowledge and pow- er; otherwise, the philosophy of society is misunderstood, and we must change all our courses, and henceforth seek safety in imbecility, and virtue in superstition and ignorance. What Bhall 1 e the tesl of the national morals I Shall it be the eccentricity of crimes 1 Certainly not; for then we must compare the criminal eccentricity of to-day with that of yester- day. The result of the comparison would be only this, that the crimes of society change with changing circumstanci Loyalty to the state is a public virtue. Was it ever deeper- t ined or more universal than it is qow I 1 know there are ebullitii n-> of passion and discontent, sometimes .breaking out into disorder and violence ; but was faction ever more effectually disarmed and harmless than it is now I There is a loyalty that from the affection that we hear to ow. native soil. This as any } pie. But it is not the Boil alone, nor yet the Boil beneath om- feet and the Bkies over our beads, that constitute our country. It is its freedom, equality, justice, m! glory. Who among us is bo low as to be insensi- ble of an interest in them I Four hundred thousand natives of other lands every year voluntarily renounce their own BOVereignS, and swear fealty to our own. Who has ever known an Ameri- can to transfer his allegiance permanently to a foreign power I The spirit of the laws, in any country, is a true index to the morals of a people, just in proportion to the power they exercise * "I ought not to obj< et to your reverence for your fathers, aa you call them, meaning, I presume, the government, and those concerned in the >li tion of public Affairs; mnch leas oonld I b or numbering me anions them. I»ut, to t-11 v«m a very great secret, as far as I am capa- ble ofoomparing the i different periods, I have no reason to believe that we were batter than you are. We had aa many poor creatures nnr:>r to Jonah Qvincy, F>1>. \\ ]s]l. MISCELLANEOUS. 293 in making them. Who complains, here or elsewhere, that crime or immorality blots our statute-books with licentious enactments ? The character of a country's magistrates, legislators, and cap- tains, chosen by a people, reflect their own. It is true that in the earnest canvassing which so frequently recurring elections require, suspicion often follows the magistrate, and scandal fol- lows in the footsteps of the statesman. Yet, when his course has been finished, what magistrate has left a name tarnished by corruption, or what statesman has left an act or an opinion so erroneous that decent charity can not excuse, though it may dis- approve ? What chieftain ever tempered military triumph with so much moderation as he who, when he had placed our stand- ard on the battlements of the capital of Mexico, not only received an offer of supreme authority from the conquered nation, but declined it 1 The manners of a nation are the outward form of its inner life. Where is woman held in so chivalrous respect, and where does she deserve that eminence better? Where is property more safe, commercial honor better sustained, or human life more sacred ? Moderation is a virtue in private and in public life. Has not the great increase of private wealth manifested itself chiefly in widening the circle of education and elevating the standard of popular intelligence ? With forces which, if combined and di- rected by ambition, w r ould subjugate this continent at once, we have made only two very short wars — the one confessedly a war of defence, and the other ended by paying for a peace and for a domain already fully conquered. Where lies the secret of the increase of virtue which has thus been established ? I think it will be found in the entire eman- cipation of the consciences of men from either direct or indirect control by established ecclesiastical or political systems. Reli gious classes, like political parties, have been left to compete in the great work of moral education, and to entitle themselves to the confidence and affection of society, by the purity of their faith and of their morals. I am well aware that some, who may be willing to adopt the general conclusions of this argument, will object that it is not altogether sustained by the action of the government itself, how- 294 SELECTIONS. ever true it may be that it is sustained by the great .notion of society. I can not enter a field where truth is to be Bought among the disputations of passion and prejudice. I may say, however, in reply first, that the governments of the United States, although more perfect than any other, and although they em- brace the great ideas of the age more rally than any other, are, nevertheless, like all other governments, founded on compro- mises of some abstract truths and of some natural rights. rernment is impressed by Its constitution, so it must necessarily act. This may Buffice to explain the phenomenon complained of. Bui it is true, also, that no government ever did altogether act out, purely and Por a long period, all the vir- tu.-- of its original constitution. Hence it is thai we are bo well told by Bolingbroke, that every nation must perpetually renew its constitution or perish. Hence, moreover, it is ;( great excel- lence of our system, thai sovereignty resides, not in Congress and the president, nor yet in the governments of the Btates, but in the people of the United States. It* the sovereign be just and firm and uncorrupted, the governments can always be broughl hack Prom any aberrations, and even the constitutions themselves, it' in ai ee imperfect, can be amended. This greal idea of the sovereignty of the people over their govern- ment glimmers in the British system, while it tills our own with a broad and glowing light. '• !.• t not your bang and parliament in i Much less apart, mistake t' for that Which i >rthy to '>•■ thoughl upon, Nor think they are essentially tli<- v i en:. • them Dot fancy that the authority I i'1-ivil. in bestow 1 y <>!" their own ; let them know it was for a deeper life Which they but n That theri 'a on earth r thing; \ eil'd though it be, than parliament <>r kin^." Gentlemen, you are devoted to the pursuit of knowledge m order that you may imparl it t<» the Btate. What Fenelon was t<> France, you may he t<> your country. Before you teach, let lie' eiij'. ill upon ymi to study well the eapacitv ami the disposi- MISCELLANEOUS. 295 tion of the American people. I have tried to prove to you only that while they inherit the imperfections of humanity they are yet youthful, apt, vigorous, and virtuous, and therefore, that they are worthy, and will make noble uses of your best instruc- tions. — Address, Yale College, Neiv Haven, July 26, 1854. Kusanitjj. What is the human mind % It is immaterial, spiritual, im- mortal ; an emanation of the Divine Intelligence, and if the frame in which it dwells had preserved its just and natural pro- portions, and perfect adaptation, it would be a pure and heavenly existence. But that frame is marred and disordered in its best estate. The spirit has communication with the world without, and acquires imperfect knowledge only through the half-opened gates of the senses. If, from original defects, or from accidental causes, the structure be such as to cramp or restrain the mind, it becomes or appears to be weak, diseased, vicious, and wicked. I know one who was born without sight, without hearing, and without speech, retaining the faculties of feeling and smell. That child was, and would have continued to be an idiot, incapa- ble of receiving or communicating thoughts, feelings or affections ; but tenderness unexampled, and skill and assiduity, unparalleled, have opened avenues to the benighted mind of Laura Bridgman, and developed it into a perfect and complete human spirit, con- sciously allied to all its kindred, and aspiring to Heaven. Such is the mind of every idiot, and of every lunatic, if you can only open the gates, and restore the avenues of the senses ; and such is the human soul when deranged and disordered by disease, imprisoned, confounded, benighted. That disease is insanity. Doth not the idiot eat ? Doth not the idiot drink 1 Doth not the idiot know his father and his mother 1 He does all this be- cause he is a man. Doth he not smile and weep ? Do you think he smiles and weeps for nothing ? He smiles and weeps because he is moved by human joys and sorrows, and exercises his reason, however imperfectly. Hath not the idiot anger, rage, revenge ? Take from him his food, and he will stamp his feet and throw his chains in your face. Do you think he doth this for nothing 1 He does it all because he is a man, and because, however imper- 296 SEL!'VIiv>. fectly, he exercises his reason. The lunatic docs all this, and, if not quite demented, all things else that man, in the highest pride of intellect does or can do. He only does them in a dif- ferent way. You may pass laws for his government. "Will he conform 1 Can he conform ? "What cares he for your laws I He will not even plead ; he can not plead his disease in excuse. You mu6l interpose the pica for him, and if you allow it, he, when redeemed from his mental bondage, will plead for yon when lie shall return to your Judge and his. If you deny his plea, he goes all the 6" from imperfection, and with energies restored, into tin* pr< if that Judge. You must meet him there, and then, no longer bewildered, stricken and dumb, he will have become as perfect, dear and bright, as those who reviled him in his degradation, and triumphed in his ruin. And now what is insanity I .Many learned men have defined it for us. but 1 prefer to convey my idea of it in the simplest manner, [nsanity is a disease of the body, and 1 doubt not of the brain. The world isastonished to find it bo. They thought for almosl six thousand j ears that it was an affection of the mind only. Is it strange that the i y should have been made 10 late I Y"u know that it is easier to move a burden npon two smooth rails on a level surface, than over the rugged ground. It has taken almost six thousand years to learn that. Hut mor- alists argue that insanity shall not be admitted as a physical dis- . becau dd tend to exempt the Bufferer from respon- sibility, and because it would expose society to danger. Bui who shall know, better than the Almighty, the ways of human i ty, and the hounds of human responsibility i And is it strange that the brain should be diseased ' What organ, member, hone, muscle, sinew, vessel, or nerve, is not sub- ject to disease i What is physical man, but a frail, perishing ly, that begins to decaj i as it begins to exist I What is there of animal existence here on earth exempt from disea and decay '. Nothing. The world is full oi disease and that is the great agent of change, renovation, and health. And what wrong or error can there be in supposing that the mind may be so affected by disease of the body as to relic man from responsibility I You will answer, it would not be w But who has assured yon of Bafetyl [s not the way of life MISCELLANEOUS. 207 through dangers lurking on every side, and though you escape ten thousand perils, must you not fall at last 1 Human life is not safe, nor intended to be safe, against the elements. Neither is it safe, nor intended to be safe, against the moral elements of man's nature. It is not safe against pestilence, nor against war, against the thunderbolts of heaven, nor against the blow of the maniac. But comparative safety can be secured, if you will be wise. You can guard against war, if you will cultivate peace. You can guard against the lightning, if you will learn the laws of electricity, and raise the protecting rod. You will be safe against the maniac, if you will watch the causes of madness, and remove them. Yet after all, there will be danger enough from all these causes to remind you that on earth you are not immortal. Although my definition would not perhaps be strictly accurate I should pronounce insanity to be a derangement of the mind, character, and conduct, resulting from bodily disease. I take this word derangement, because it is one in common every-day use. We all understand what is meant when it is said that any- thing is ranged or arranged. The houses on a street are ranged, if built upon a straight line. The fences on your farms are ranged. A single object too may be ranged. A tower, if justly built, is ranged ; that is, it is ranged by the plummet. It rises in a perpendicular range from the earth. A file of men march- ing in a straight line are in range. " Range yourselves, men," though not exactly artistical, is not an uncommon word of com- mand. Now what do we mean when we use the word " derang- ed" ? Manifestly that a thing is not ranged, is not arranged, is out of range. If the houses on the street be built irregularly, they are deranged. If the walls be inclined to the right or left, they are deranged. If there be an unequal pressure on either side, the tower will lean, that is, it will be deranged. If the file of men become irregular, the line will be deranged. So if a man is insane. There was a regular line which he was pur- suing ; not the same line which you or I follow, for all men pur- sue different lines, and every sane man has his own peculiar path. All these paths are straight, and all are ranged, though all divergent. It is easy enough to discover when the street, the wall, the tower, or the martial procession, is deranged. But it is quite another thing to determine when the course of an in- 13* 29^ SELECTIONS. dividual life lias become deranged. We deal not then with geo- metrical or materia] lines, but with an imaginary line. We hare no physical objects for landmarks. We trace the line backward l.\ the light of imperfect and unsatisfactory evidence, which leaves it a matter almost of speculation whether there has been a departure or not. In some cases, indeed, the task is easy. If the fond mother becomes the murderer of her offspring, it is easy to Bee thai Bhe is deranged. It' the pious man, whose Bteps were firm and whose pathway led straight to heaven, sinks without temptation into criminal debasement, it is easy to Bee that he is deranged. But in cases where no natural instinct or elevated principle throws it- light upon our research, it is often the moat difficult and delicate of all human investigations to determine when a person is deranged. We have two tests. First, to compare the individual after the supposed derangement with himself as he was before. S>>- ond, t<« compare hi- course with those ordinary lines of human life which we expect Bane persons, of equal intelligence, and similarly situated, to pursue. If derangement, which is insanity, mean only whal we have inu-d, how absurd i> it t«> be looking t.> detect whether mem- ory, hope, joy, fear, hunger, thirst, reason, understanding, wit, and other faculties, remain 1 Solon- ;is life lasts they never cease t" abide with man, whether he pursue his Btraighl and natural way, or the crooked and unnatural course <>ftlie lunatic. If he hi- diseased, hi- faculties will not cease to act. They will only acl differently. It is contended here that the prisoner is not deranged because he performed his daily task in the state- prison, and Ins occasional labor afterward; because he -rinds knives, tits his weapons, and handles tie- file, the axe, and t],, ted, and .^ he was wont t<> d<>. the lunatic asylum at Qtica has not an idle^erson in it. except t : absolute and incurable dementia, tin- last and wo insanity. Lunatics are almost the busiest j pie in the world. They have their prototypes Only in children. One lunatic will make a garden, another drive the plough, anoth- er gather flowers. One writes poetry, another essays, another In short, lunatics eat, drink, Bleep, work, rfear, love, e, laugh, weep, mourn, die. They d<> all things thai sane MISCELLANEOUS. 299 men do, but do them in some peculiar way. It is said, however, that this prisoner has hatred and anger, that he has remembered his wrongs, and nursed and cherished revenge ; wherefore, lie can not be insane. Cowper, a moralist who had tasted the bit- ter cup of insanity, reasoned otherwise : — "But violence can never longer sleep Than human passions please. In ev'ry heart Are sown the sparks that kindle fi'ry war, Occasion needs but fan them and they blaze, The seeds of murder in the breast of man." Melancholy springs oftenest from recalling and brooding over wrong and suffering. Melancholy is the first stage of madness, and it is only recently that the less accurate name of monomania has been substituted in the place of melancholy. Melancholy is the foster-mother of anger and revenge. — Argument in Defence of William Freeman, July, 1846. finsam'tj.— Some of its Causes aim (Etrcumstanees. All writers agree, what it needs not writers should teach, that neglect of education is a fruitful cause of insanity. If neglect of education produces crime, it equally produces insan- ity. Here was a bright, cheerful, happy child,* destined to become a member of the social state, entitled by the principles of our government to equal advantages for perfecting himself in intelligence, and even in political rights, with each of the three millions of our citizens, and blessed by our religion with equal hopes. Without his being taught to read, his mother, who lives by menial service, sends him forth at the age of eight or nine years to like employment. Reproaches are cast on his mother, on Mr. Warden, and on Mr. Lynch, for not sending him to school, but these reproaches are all unjust. How could she, poor de- graded r. egress and Indian as she was, send her child to school? And where was the school to which Warden and Lynch should have sent him ? There was no school for him. His few and wretched years date back to the beginning of my acquaintance here, and during all that time, with unimportant exceptions, * William Freeman. — See p. 99. MOO BELECTI0N3. there has been no school here for children of his caste. A school for colored children was never established here, and all the com- mon schools were closed against them. Money would always procure instruction for my children, and relieve me from the. responsibility. But the colored children who have from time to time been confided to my charge, have been cast upon my own cue for education. When 1 sent them to school with my own children, they were sent back to me with a message that they must be withdrawn because they wore black, or the school would ceaso. Here are the fruits of this unmanly and criminal preju- dice. A whole family is cut off in the midst of usefulness and honors by the hand of an •■ Alcro imprisonment is often a cause of insanity. Four insane persons have, on this trial, been mentioned as residing among as, all of whom became insane in the stateprison. Authentic statistics Bhow that there are never less than thirty insane per- sons in each of Our two great penitentiaries. In the Btateprison, the prisoner was subjected t" severe corporeal punishment by keepers, who mistook a decay <»f mind and morbid melancholy for idleness, obstinacy, and malice. Beaten, as he was, until the organs of his hearing 1 to perform their functions, who shall say that Other and more important Organs connected with the action of hi-- mind did not become diseased through sympathy I Such a life, bo filled with neglect, injustice, and erity, with anxiety, -pain, disappointment, solicitude, and grief, would have its fitting i elusion in a madhouse. If it be true, as the wisest of inspired writers hath said, " Verilv, oppression maketh a wise man mad," what may we not ex- i1 to do with a foolish, ignorant, illiterate man ! There is proof, gentlemen, stronger than all this. It is silent. It is that idiotic smile which plays continually 011 the face of the maniac. It took its scat there while he was in the Btateprison. In his solitary cell, under the pressure of his severe tasks and trials in the workshop, and during the solemnities of public worship in the chapel, it appealed, although in vain, to his ta8kn and his teachers. It is a smile, never rising into laughter, without motive or cause — the smile of vacuity. His mother saw it when lie came out of prison, and it broke her heart. John Depuy saw it and know his brother MISCELLANEOUS. ftOi was demented. Deborah Depuy observed it and knew him for a fool. David Winner read in it the ruin of his friend, Sally's son. It has never forsaken him in his later trials. He laughed in the face of Parker, while on confession at Baldwinsville. He laughed involuntarily in the faces of Warden and Curtis, and Worden and Austin, and Bigelow and Smith, and Brigham and Spencer. He laughs perpetually here. Even when Van Ars- dale showed the scarred traces of the assassin's knife, and when Helen Holmes related the dreadful story of the murder of her patrons and friends, he laughed. He laughs while I am plead- ing his griefs. He laughs when the attorney-general's bolts would seem to rive his heart. He will laugh when you declare him guilty. When the judge shall proceed to the last fatal ceremony, and demand what he has to say why the sentence of the law should not be pronounced upon him, although there should not be an unmoistened eye in this vast assembly, and the stern voice addressing him should tremble with emotion, he will even then look up in the face of the court and laugh, from the irresistible emotions of a shattered mind, delighted and lost in the confused memory of absurd and ridiculous associations. Follow him to the scaffold. The executioner can not disturb the calmness of the idiot. He will laugh in the agony of death. Do you not know the significance of this strange and unnatural risibility 1 It is a proof that God does not forsake even the poor wretch whom we pity or despise. There are in every hu- man memory a well of joys and a fountain of sorrows. Disease opens wide the one, and seals up the other, for ever. . . . That chaotic smile is the external derangement which signi- fies that the strings of the harp are disordered and broken, the superficial mafk which God has set upon the tabernacle, to signify that its immortal tenant is disturbed by a divine and mysterious visitation. If you can not see it, take heed that the obstruction of your vision be not produced by the mote in your own eye, which you are commanded to remove before you con- sider the beam in your brother's eye. If you are bent on rejecting the testimony of those who know, by experience and by science, the deep affliction of the prisoner, beware how you misinterpret the handwriting of the Almighty. — Argumertt in Defence of William Freeman, 1S46. 302 SELECTIONS. £fjc U-ionfls of ttic Xfflvo. I have heard the greatest of American orators ; I have heard Daniel O'Oonnell and Sir Robert Peel ; but I heard John Depuy make a speech excelling them all in eloquence : "They have made "William Freeman what he is, a brute beast ; they don't make anything else of any of our people but brute beasts; hut when we violate their laws, then they want to punish us as if we were men." Deborah Depi n is also assailed as unworthy of credit. She c;ills herself tin- wife of Hiram Depuy, with whom she lias lived ostensibly in that relation for seven years, in, 1 believe, cmques- tioned fidelity to him and her children. Bu1 it appears that she has ii"t been married with the proper legal solemnities, [f she Men- a white woman. 1 Bhould regard her testimony with caution, hut the securities of marriage are denied to the African race over more than half of this country. It is within our own memory that the master's cupidity could divorce husband and wife within this Btate, and sell their children into perpetual bondage. Since the act of emancipation here, what has been 'lone by the white man to lift up the race from the debasemenl into which he had plunged it I Lei u^ impart roes the knowledge and spirit of Christianity, and Bhare with them the privileges, dignity and hopes of citizens and ( Ihristians, before we expect of them purity and self-respect But, gentlemen, even in a Blave Btate, the testimony of this witness would receive credil in such a cause, for negroes may be witnesses there, for and against persons of their own caste. It is only when the life, liberty, or property of Ihe white man is invaded, that the negro is disqualified. Lei as not be too vere. There was one upon the earth a Divine Teacher who shall come again to judge the world in righteousness. They brOUghl to him a woman taken in adultery, and said to him that the law of sfosee directed that such Bhould be Btoned to death, and he answered : " Let him that is without sin cast the first stone." The testimony of Salh Freeman, the mother of the pris- oner, is questioned. She utter-, the vov f nature She is MISCELLANEOUS. 30 •» the guardian whom God assigned to study, to watch, to learn, to know what the prisoner was, and is, and to cherish the memory of it for ever. She could not forget it if she would. There is not a blemish on the person of any one of us, born with us or coming from disease or accident, nor have we committed a right or wrong action, that has not been treasured up in the memory of a mother. Juror ! roll up the sleeve from your manly arm and you will find a scar there of which you know nothing. Your mother will give you the detail of every day's progress of the preventive disease. — Sally Freeman has the mingled blood of the African and Indian races. She is nevertheless a woman, and a mother, and nature bears witness in every climate and in every country, to the singleness and uniformity of those characters. I have known and proved them in the hovel of the slave, and in the wigwam of the Chippewa. But Sally Freeman has been intemperate. The white man enslaved her ancestors of the one race, exiled and destroyed those of the other, and debased them all by corrupting their natural and healthful appetites. She comes honestly by her only vice. Yet when she comes here to testify for a life that is dearer to her than her own, to say she knows her own son, the white man says she is a drunkard ! May Heaven forgive the white man for adding this last, this cruel injury to the wrongs of such a mother ! Fortunately, gentle- men, her character and conduct are before you. No woman ever appeared with more sobriety, decency, modesty, and pro- priety, than she has exhibited here. No witness has dared to say or think that Sally Freeman is not a woman of truth. A witness for the prosecution, who knows her well, says, that with all her infirmities of temper and of habit, Sally " was always a truthful woman." The Roman Cornelia could not have claimed more. Let then the stricken mother testify for her son. " I ask not, I care not, if guilt's in that heart, I know that I love thee, whatever thou art!" The circumstances under which this trial closes are peculiar. I have seen capital cases where the parents, brothers, sisters, friends of the accused surrounded, him, eagerly hanging upon the lips of his advocate, and watching, in the countenances of the court and jury, every smile and frown which might seem to indicate his fate. But there is no such scene here. The pris- 804 SELECTIONS. oner, though in the greenness of youth, is withered, decayed. senseless, almost lifeless. He has no father here. The descen- dant of slaves, that father died a victim to the vices of a supe- rior race. There is no mother here, for her child is stained and polluted with the blood of mothers and of a sleeping infant ; and he " looks and laughs so that she can not bear to look upon him." There is no brother, nor sister, nor friend here. Popular rage against the accused has driven them hence, and scattered his kindred and people. On the other side, I notice the aged and* venerable parents of Van Nest and his surviving children, and all around arc mourning and sympathizing friends. 1 know not at whose instance they have come. I dare not Bay they ought not to be hero. But 1 must Bay to you that we live in a Chris- tian and not in a savage Btate, and that the affliction which lias fallen upon these mourners and us. was Bent to teach them and us mercy and not retaliation ; that, although we may send this maniac to the BCaffold, it will not recall t<» life the manly form of Van Nest, nor re-animate the exhausted frame of that aged matron, nor re tore to life, and grace, and beauty, the murdered mother, nor call back the infant boy from the arms of his Savior. Such a verdict can do UO good to the living, and carry UOJoy to the dead. — Argument in Dt ■' William Freeman, 1846. (Tlir XfflrfaiCf — Sprrcl) of ait (TUiouDaan Chief. Great Father: lour children, the Onondagas, have sent me t.i you, and they ask you to open your ears to me, and beat the talk which they have sent by me to von. . . . Father: you are young in years; we hope you are old in counsel — bo our white brethren tell us, and we believe it. And your red children would like to know what is your mind, and whether it is like our other white fathers, who have Bat in coun- cil before you at the great council-fire in Albany, and who are now dead. . . . lather: Listen once more. The chiefs, and warriors, and women of the Onondagas have had a long council — a talk of three days; and their request to their father is, that he will shut his ears, shake his head, and turn his face away from all talk to him about thp sale of the lands of the Onondagas, We know MISCELLANEOUS. 805 he can do it, and drive them away — preserve the nation in p eace — keep them together in friendship — and not scatter them like the Oneidas. We now make our last request. Will our father think of the talk which his red children have now sent him ? Will he send them his mind 1 Will he remember his children of the Ononda- gas, as our white fathers have done, and let them continue to lie under his shade, as they have done under the shade of their white fathers before him 1 Will he also be a father to them, and send them his mind ? This is all that is sent by me, and I have done. €£obernov SeloarU's asitplg, I have considered the talk you have made to me in behalf of the sachems, chiefs, and warriors of the Onondagas. I am sorry to hear that the avarice of white men and the discontent of red men have excited alarms among your people. I rejoice, and all good white men rejoice, to hear that the Onondagas have determined to banish the use of strong water — that they assume the habits and customs of civilized life, cultivate their lands, pos- sess oxen and horses, and desire to remain in the land of their brave and generous, though unfortunate forefathers. Why should the Onondagas exchange their homes among us for the privations of the wilderness in the far west ? They are a quiet, inoffensive, and improving people. The public wel- fare does not require that they should be banished from their native land. Although individuals often improve their fortunes by emigration, the removal of a whole community is always followed by calamity and distress. With temperance, industry, and education, the Onondagas may be comfortable and happy, and in time they may become good citizens of the state. White men ought to be just and generous to your race. In- dians, but a few years ago, possessed all this broad domain. Now the white men own all, except the small parcels which have been reserved as a home for the remnants of the Indian tribes. There is one common Father of all mankind. Although his ways are inscrutable, we know that his benevolence extends to all his children alike, and his blessings rest upon those who protect the defenceless and succor the unfortunate. 306 SELECTIONS. Say to your people that I heard their message with attention ; that I approve their determination to retain their lands and remain under the protection of the state ; that, so far as depends upon my exertions, the treaties made with them shall be faith- fully kept ; that if white men seek to obtain their lands by force or fraud, I will set my face against them; if red men propose to sell the lands, I will expostulate with them, and endeavor to convince them of their error, and that I will in no event consent to such sale, except with the free, and unhought, and uncorrupted consent of the chiefs, head men, warriors, and people of the ( mondagas, and net even then without an effort to persuade them thai their true happiness would be pro- moted by retaining their :..i!». cultivating their lands, am! enjoying the comforts with which our common Father has surrounded them. 'The Onondagas may confide in me. — Albany, Marcfi 6, L840. Jlrttrr— lUpln to tltr (TolovrO Citizens of SllbaiXJ, 1 v prejudice, interest, and passion, did Bometimes counsel me that what seemed to be the rights of the African race might be overlooked without compromise of principle, and even with per* sonal advantage, yel I never have been aide to find a better definition of equality than that which is contained in the Dec- laration of Independence, or of justice, than the form which our religion adopts. If. as the former asserts, all men are born U-v^ and equal, institutions which deny them equal political rights and advantages are unjust, and if 1 would do unto others as I would desire them to do unto me, 1 Bhould not deny them any right on account of the hue they wear, oz of the land in which they or their ancestors were horn. ( )nly time can determine between those who have upheld, and those who have opposed the measures to which you have ad- verted. Bu1 1 feel encouraged to wait that decision, since, in the moment when, it' eve)-, reproaches for injustice Bhould come, the exile does l)of reproarh me. the pri-otier does QOt exult in my departure, and the disfranchised and the slave greet me with their salutations. And if every other hope of mv h< shall fail, the remembrance that 1 have received the thanks of MISCELLANEOUS. 307 those who have just cause to upbraid the memory of our fore- fathers, and to complain of our contemporaries, will satisfy me that I have not lived altogether in vain. May that God whose impartial love knows no difference among' those to whom he has imparted a portion of his own spirit, and upon whom he has impressed his own image, reward you for your kindness to me now and in times past, and sanc- tion and bless your generous and noble efforts to regain all the rights of which you have been deprived. — Jan. 10, 1843. STJje .pU'htta System— 3SUfovms #roj)osct».* I am aware that the amendments I have submitted are such an innovation upon the existing militia system, as to require, if not an apology for offering them, at least an explanation of the necessity for a change of some kind. Complaints long and loud have been made of the defects of the system, and the oppressive burden it imposes upon the people ; these complaints have, at length, reached the executive ear, and have drawn from the governor a recommendation to the consideration of the legis- lature. I do not know that I should have ventured to suggest the amendments, had not the committee of the senate, after ma- ture deliberation, reported a bill which can be regarded in no other light but as going immediately to change the whole sys- tem, and, in the result, to abolish it. This bill originates in the deep conviction, I doubt not, of the committee, that some law must be proposed to relieve the people from the trouble of mili- tary duty under the present organization. I confess that it is not my object to destroy the system ; but, at the slime time, that I would relieve the people from the burden it imposes — I would, if possible, preserve and improve the militia, and would elevate it so that it might be what it ought to be — the ornament of the country, and the safeguard of the rights and liberties of the people. ■x-'* * * * *• * * * * I propose as a remedy for the evils I have mentioned — 1st. To reduce the number of the militia who shall be required to perform military duty, to some much smaller number — say fifty thousand, sixty thousand, or seventy thousand ; the last * This appears to have been Mr. Seward's first parliamentary effort. — Ed. 308 SELECTIONS. being, I believe, about the number of uniformed troops, in the present organization, and I would, I confess, prefer to sustain those whose public spirit and military ardor have induced them to assume their present organization. 2d. To make the performance of military duty voluntary, as far as practicable. This force, if it consist of but fifty thousand men, may be subdivided into five divisions, ten brigades, fifty regiments, and five hundred companies. After what 1 tear has been a tedious detail of the evils and defects of the present system, it will be necessary * . hut very briefly, the advantages of the pro- post id. They would be — that the force could be well and easily organized. It could be uniformed — disciplined to Borne considerable extent ; not only the i . but the troops could be improved in military skill All this could be done, because there are nearly, it' not quite, the requisite number of young men, who would he able and willing to encounter the expense of filling np the ranks. And it' necessary that legisla- tive encouragement Bhould be afforded, it could be done to any requisite extent at much less expense than is now drawn from the yeomanry of the country to sustain the present defective -■in. .Men would then Beek and obtain the offices in the militia, who would have the ability and Bpirit necessary for the discharge of the important duties attached to them. Adopt Buch a Bystem, and I feel assured that the militia, instead of being degraded, ridiculed, and despised, will be re- spected,. honored, and valued ; men enough will volunteer to take its next subordinate ranks, from the patriotic desire to be among those npon whom the republic will rely for its defenders, and from the honorable ambition for military promotion Finally, the time has come to decide whether the militia tern shall be preserved or abandoned. It can be no Longer maintained without radical alteration and amendment. And though members may wish to preserve it, they will find it as hopeless as the attempt to retain the snow which melts more rapidly with the pressure of the hand. I have looked upon th :n with veneration, while 1 have felt and acknowledged the justice of the popular complaint against it ; nnd, under the influence of mingled Bolicitude arising from both MISCELLANEOUS. 309 these causes, I have long endeavored to find a remedy for the evils I have mentioned. Of all which I have imagined and heard suggested, this appears to me most feasible, as well as most likely to be effectual. It is with a degree of diffidence I have ven- tured to give my views on the subject, which only can be over- come by a sense of my responsibility, before I can give a vote which will go to the eventual abolition of the system; to offer the best exertion in my power to procure it, and, at the same time, to meet the requirements of the people. I have always felt that the militia system is a relic of the age of the Revolu- tion too valuable to be idly thrown away ; that it is a strong and beautiful pillar of the government which ought not to be rudely torn from its base. But if no effectual remedy can be found in legislative wisdom, I shall feel myself bound, though with reluctance, to vote at all hazards for such a bill as will redress the evils the system imposes, and to trust to the exigen- cies of invasion, insurrection, or oppression, for a regeneration of the military spirit which brought the nation into existence, and will, if restored in its primitive purity and vigor, be able to carry us through the dark and perilous ways of national calam- ity yet unknown to us, but which must, at some time, be trod- den by all nations. — Speech in N. Y. Senate, Feb. 11, 1831. SHje 19ui)lic 33oinatn— Sfje ^omestcatr principle. The aggregate quantity of the national estate is fifteen hundred and eighty-four millions of acres ; of which, one hun- dred and thirty-four millions have been definitely appropri- ated, and there remain, including appropriations not yet perfect- ed, fourteen hundred and fifty millions of acres. Using only round numbers, these lands are distributed among the states and territories as follows : — Acres. In Ohio 745,000 Indiana 2,751,000 Illinois 14,060,000 Missouri 29,216,000 Alabama 17,238,000 Mississippi 14,308,000 Louisiana 22,854,000 Michigan 24,864,000 BIO SELECTIONS. Arkansas 27,402,000 Florida 31,801,000 Iowa 27.1. A 000 Wisconsin 26,321,000 Minnesota 56,000,000 Northwest Territory * 376,000,000 Oregon Territory 218,536,000 Nebraska Territory 87,488,000 Indian Territory 11 9,789,000 California and I tab 287,162,000 New Mexico 49,727,000 The domain came to the United States encumbered with a right of possession by Indian tribes, which we are gradually ex- tinguishing by purchase, as the aecessities of advancing popula- tion require. At the establishment of the federal government, the United States suffered from exhaustion by war, and Labored under the pressure of a great national debt, while they were obliged to make large expenditures for new institutions, and to prepare for defence by land and by sea. They therefore adopted a policy which treated the domain merely as a fund or source of revenue. They divided it into townships, sections, and quarter-sections, and offered it at public sale, at a minimum price of two dollars per acre, on credit, and subsequently at private Bale, on the same terms. In i v '.'<>, they abolished the credit Bystem, and reduced the price to one dollar and twenty-five cents per acre. In L833, they recognised a right of pre-emption in favor of actual and the Bystem, as thus modified, still remains in form upon our Btatute-book, The United States, however, have, at different times, made very different dispositions of portions of tin- domain. Thus there have been appropriated to the Dew states and territories, for purposes of internal improvement, for saline reservations, for the establishment of seats of government and public buildings, and for institutions of education, as follows: To Ohio i f £ Indiana 2,881,690 Illinois 1,649,024 ""■i 1,798,748 •ma 1,478,994 Mississippi 1,88 i.v 4 1 MISCELLANEOUS. 311 Louisiana 1,332,124 Michigan 1,674,598 Arkansas 1,489,220 Wisconsin 217,920 Iowa 46,720 Florida 1,553,635 Besides these appropriations, the senate will at once recall several acts of Congress, which surrendered, in the whole, sev- enty-nine millions of acres for bounties in the Mexican war, bounties in the war of 1812, subsequent gratuities to the soldiers in the same war and in Indian wars, cessions of swamp lands to new states, and for . the construction of a railroad from Chicago to Mobile, and other internal improvements, none of which last- named cessions have yet been located. The aggregate of revenues derived from the public domain is one hundred and thirty-five millions three hundred and thirty- nine thousand ninety-three dollars and ninety-three cents, show- ing an annual average revenue of one and a quarter million of dollars since the system of sales was adopted. Mr. President, I think the time is near at hand when the United States will find it expedient to review their policy, and to consider the following principles : — First. That lands shall be granted in limited quantities, gra- tuitously, to actual cultivators only. Second. That the possessions of such grantees shall be secured against involuntary alienation. Third. That the United States shall relinquish to the states the administration of the public lands within their limits. If the public lands were movable merchandise, price would be the principal, if not the only subject of inquiry. On the contra- ry, it is only the money received by the government on sales that perishes or passes away. The lands remain fixed just where they were before the sale, and they constitute a part of the ter- ritory subject to municipal administration as much after sale as before. The possessors of the land sold become soon, if not im- mediately, citizens, and they will ultimately be a majority of the whole population of the country, supporting the government by their contributions, maintaining it by their arms, and wield- ing it for their own and the general welfare. To look, then, at this subject merely with reference to the revenue that might be 312 SELECTIONS. derived from the sale of the lands, would be to commit the fault of that least erected spirit that fell from heaven, whose "Looks and thoughts Were always downward bent, admiring mure The riches of Heaven's ; av< meat, trodden gold, Than aught divine, or holy, else enjoyed." All will admit — all do admit — that the power over the domain should I cercised as to favor the increase of population, the augmentation of wealth, the cultivation of virtue, and the diffu- sion of happiness Commercial supremacy demands just such an agricultural basis as the fertile and extensive regions of the United States, when inhabited, will supply. Political supremacy follows commercial ascendency. It was by reason of the want of just Buch an agri- cultural basis that Venice, Portugal, and Holland, successively lost commerce and empire. It was for the purpose of securing just Buch a basis, that Prance, England, and Spain, seized so jerly and held so tenaciously the large portions of this conti- nent which they respectively occupied. It was for the purpose inpplying the loss ofthi . that England has, within the lasl Beventy years, extended her conquests over a large portion of India. We now possess this basis, and all that we need jg to develop its capabilities as fully and as rapidly as p issible. Nor ought we to overlook another great political interest. .Mutual jeal- ousies delayed a Jon-: time tin- establishment of the Union of these states, and have ever s'mee threatened its dissolution. It is apparent that the ultimate security for its continuance is found in the power of the states established, and hereafter to be tablished, on the public domain. Those new and vigorous com- munities continually impart new life to the entire common* ealth, whilv the absolute importance of free access to the ocean will secure their loyalty, even if the fidelity of the Atlantic states shall fail. Such as these, sir, may have been Some of the con- siderations that induce. 1 Andrew Jackson bo long ago to declare his opinion, thai the time was not distant when the public do- main ought to cease to be regarded as ,i source of revenue. Such considerations may have had some influence with the late distinguished senator from South Carolina [J. C. OALHOUPf], to MISCELLANEOUS. 313 propose a release of the public domain to the states, on their paying a small per centum of revenue to the United States ; and we are at libertj^ to suppose that a course of reasoning not entirely unlike this, brought that eminent statesman, who is now secretary of state [Daniel Webster] to propose here, a year ago, a gratuitous appropriation of the public domain to actual settlers. — Speech in U. S. Senate, Feb. 27, 1851. enje mm *3atta?. The inhabitants of the banks of the Nile have a tradition that the greatest of the Egyptian pyramids was built by the antedi- luvians, and they venerate that great obelisk as the only work of that mighty race that has withstood the floods that changed and deformed the face of nature. Something like this is the reverence I feel toward the whig party. It was erected not this year, nor a few years ago. Its foundations were laid and its superstructure reared by the mighty men of ages now re- mote — by the Hampdens, the Sidneys, the Vanes, and the Mil- tons — by the presbyterians, the puritans, the republicans, the whigs, of England — those who first secured the responsibility of kings by bringing the tyrant Charles to the block, and the inviolability of parliaments by erecting, even in England, Scot- land, and Ireland, a commonwealth. Then and there arose the whig party — that party which now, under whatever name, in every civilized country, advocates the cause of constitutional, representative government, with watchful jealousy of executive power. Of that race, who feared only God, and loved liberty, were the founders of Virginia and of New England ; and the catholic founders of Maryland and the peaceful settlers of Pennsylvania were worthy associates with them. Here they established governments of which Europe was not worthy, and to perpetuate them they founded institutions for the education of children and for the worship of God. Thus early was promulgated the pure whig creed — equal popular representative government, jealousy of executive power, the education of children, and the worship of God. When the prosperity of these colonies excited the cupidity of the parent- state, and the king and parliament invaded the rights of the 14 314 BELECTIONS. American people, there were two parties as there always have been since, and always will be hereafter. ( hie of them adhered to the colonies through perils of confiscation and death — the other clung to the throne of England. The one was whig — and the other was — I will not call a name that the error of ultra loyalty then rendered odious, and thenceforth and for ever infa- mous. I desire to be understood, I by no means impute to our opponents that the}- have succeeded to the loyalists of the Revolution. 1 aver solemnly my belief that, as a general truth, all men of all parties are alike honesl ami patriotic citizens, and Beek their country's good alone. Political liff would have been unprofitable indeed if it had not taught me the virtue of candor in judging others, as w.dl as the great error of always expecting candor in their judgments on myself. # * * * Which, then, is the whig party I which the republican \ which the true democratic party — the party of liberty, of equality, of humanity — the party of hope, of pr< tnd of civilization ( Le1 the history of the past, let the developments of the future, determine. The whig party has committed errors. Human nature can not but err. Individuals often err, and masses still more frequently. But the errors of the whig party arc always the side of law, of order, and of popular liberty. Lei u^ take care to correel all our errors, and let us take care that no errors i onduct, do partial or temporary interests, no prejudices un- worthy «'t' freemen or of men, retard the pri reat party of our hopes and our affections. Le1 it continue to occupy all its broad foundations — to oiier security, protection, impr< ment, and elevation, to .-ill conditions of men. as all conditions of men alike enjoy the impartial favor of God, ami are entitled to impartial representation in government. — Sj><,r/,, Aulmrn, Feb. 22, L844. f the "Albany Regency" could scarcely have been drawn by a i radioed hand or at a later period. MISCELLANEOUS. 315 principles and practices are at war with its best interest, its pros- perity, and its fame. The history of this combination begins when, taking advan- tage of the strong current of popular opinion in favor of a cor- rection of the errors of the old constitution of this state, a few men who were clamorous for reform, but whose lives had exhib- ited not one sacrifice for the public good, united with a few others until then unknown among us, because they had done nothing worthy of notice, and all becoming loud in their protes- tations of devotion to republicanism, they succeeded in obtaining seats in the late constitutional convention. Defeated then in their efforts to retain the old council of ap- pointment which they had hoped to wield at their pleasure, they succeeded in incorporating into the new constitutional system an institution, the evils of which are more severe than those which were produced by the justly obnoxious features of the system which was abolished — an institution which combines in one strong phalanx the officeholders, from the governor and the sen- ators down to the justices of the peace in the most remote parts of the state — which makes the governor a subservient tool of the faction which designates him ; converts the otherwise re- spectable judiciaries of the counties into shambles for the bargain and sale of offices ; and selects justices of the peace (in whose courts are decided questions involving a greater amount of prop- erty than in all the other tribunals of the state), not from among those whom an intelligent people would choose, but from the supple and needy parasites of power, who may, and it is to be feared do, bring not only the influence but the very authority of their offices to the support of the party whose creatures they are. Thus it has come to pass that each of the several counties contains a little aristocracy of officeholders, existing indepen- dently of popular control, while they are banded together by ties of common political brotherhood. Another part of their organization which presents serious ground of apprehension, is the caucus system. It was in vain that the framers of the constitution placed a barrier between those who should make the laws and those who should execute them. The doctrine of construction has been extended so far by ingenuity and subtlety, that their union is no longer an 316 SELECTIONS. anomaly. Men chosen to make laws, have constituted them- es a power to appoint those by whom they shall be executed. The effect is, that these men have themselves hecome the sub- jects of barter and sale. Public and beneficent laws are seldom seen in their journals, while their pages are swollen with laws to accommodate politicians and speculators. Republican dignity and simplicity arc banished from the public councils, and faction has obtruded its unblushing front into the halls of legislation. The caucus Bystem, originally adopted for necessity, and never considered obligatory further than its nominations concurred with popular opinion, has been converted into a political inquisition, to consist in a Bervile submission to its decrees, and honors are offered to tics,, only who will renounce their independence, and give their Bupporl to the "old and ee tablished usages of the party." while denunciations without measure are poured forth upon the heads of those who dare to question the infallibility of the decrees thus obtained. These denunciations have had their effect upon weak and timid mind-, while the inducements offered on the other hand have nol laih-d to enlisl profligate politicians. The-.- systems constitute the machinery of the Albany regency. Honest men need no such aid to maintain a just influence. The Bafety of the state is not to be secured, nor its welfare to be promoted, by combinations ;iit' people of their constitutional power. When in republican nen attempt to entrench themselves beyond the popular reach, their designs require investigation. Such men have for three years exercised the authority of this Btate. And what have they done to promote its prosperity or to add to it- renown I The judiciary, once our pride, i- humbled and The march of internal improvement is retarded, and the character of the Btate is impaired. Lot the proceedings of the present legislature speak — a Legislature composed of mem- bers, mosl of whom were pledged in their Beveral counties, and all of whom were instructed to restore to the people their con- stitutional right of appointing electors of president and vice-pres- ident of the United States. Y.t it» journals exhibit little else than contradictory measures, affecting private corporations, to- gether with all the practices of chicanery and open opposition to the very law they were required to pass. — Address, \^\ 1. MISCELLANEOUS. 317 Secret political Societies. If virtue yet abide among us, if there be intelligence in our fellow-citizens to appreciate the dangers which threaten their liberty, and if there be patriotism to resist and prevent them, which we most firmly believe, there can be no doubt of the re- sult of such a contest. On the one side is an aristocratic nobility, composed of men bound together by the most terrific oaths, which conflict with the administration of justice, with private rights, and with the public security; a privileged order, claim- ing and securing to its members unequal advantages over their fellow-citizens, veiling its proceedings from scrutiny by pledges of secrecy, collecting funds to unknown amounts and for un- known purposes, and operating through our extended country at any time and on any subject, with all the efficacy of perfect organization, controlled and directed by unseen and unknown hands. On the other side, a portion of your fellow-citizens ask for equal rights and equal privileges among the freemen of this country. They say it is in vain that this equality of rights and privileges is secured in theory by our constitutions and laws, if, by a combination to subvert it, it is in fact no longer enjoyed. They point you to masonic oaths, and to the effects of those dreadful obligations upon our elections, upon witnesses in courts of justice, and upon jurors. They show you one of your citizens murdered under their influence, and the offenders escaping with impunity. They exhibit to you the power of your courts defied, and the administration of justice defeated, through the instru- mentality of those obligations. And they ask you whether our country can any longer be described as a land " where no man is so powerful as to be above the law, and no one so lrumble as to be beneath its protection." — Legislative Address, 1831. Iveitef for tfjc Xutnsent Ensatte.— gHje Litton afflr tfre States. Congress has passed a bill by which ten millions of acres of the public domain are granted to the several states, with un- questioned equality, on condition that they shall accept the same, and sell the lands at not less than one dollar per acre, and safely invest the gross proceeds, and for ever apply the interest 31 S SELECTIONS. thereon to the maintenance of their indigent insane inhabitants. This grant is a contribution to the states, made from a peculiar national resource, at a time when the treasury is overflowing. It is made at the suggestion, and it is not stating the case too strongly to say, through the unaided, unpaid, and purely disin- terested influence of an American woman [Miss DixJ, who, while all other members of society have been seeking how to advance their own fortunes and happiness, or the prosperity and >f their country, lias consecrated her life to the relief of the most pitiable form in which the Divine Ruler afflicts our common humanity. The purpose of the bill has commended it to our wannest and most active sympathies. Nol a voice has censured it, in either house of Congress. It is the one only purpose of Legislation, sufficiently great to arrest attention, thai has met with universal approbation throughoul the country, during the present Bession. I: seems as it' some Bad fatality attends our public action, when this measure is sin-led out from among all other.-, to be baffled and defeated by an executive veto. Such, however, is the fact. The bill has been returned by the president, with objections which it Is now our constitutional duty to consider. ft ft ft ft v ft # * The president expres ncern Lest this contribution by the federal government to the Btates Bhould impair their vigor and independence. Bui it is nol easy to how a contribution Which they 8X6 at liberty to reject, and which they are to apply to a necessary and proper purpose of government, in entire in- dependence of the federal government, can wound their selt- respect, or deprive them of any of their attributes of sovereignty. The president is moreover, deeply disturbed by an appre- hension, that it' the policy of this bill Bhould be pursued, its noble purposes would be i I, and the fountains of charity within the Btates would be dried up. The president must nol needlessly afflict himself in this wise, on the Bcore of humanity. Experience is against his fears. Congress has never manifested a disposition of profuse Liberality toward the Btates. ery community that has received from the federal territory or property, military bounties or pensions is at Least as brave and Every community that has received MISCELLANEOUS. 319 from the same sources contributions for the purposes of internal improvement is more enterprising than before. Every commu- nity that has received aid for its schools of learning has been rendered more zealous and more munificent in the cause of edu- cation. As in the early days of the republic, there was a school of latitudinarian construction of the constitution, which school was quite erroneous ; so, also, there is now a school whose maxim is strict construction of the constitution, and this school has accu- mulated precedents and traditions equally calculated to extin- guish the spirit of the constitution. Circumstances have alto- gether changed since that school was founded. The states were then rich and strong ; the Union was poor and powerless. Vir- ginia lent to the United States a hundred thousand dollars to build their capitol. But the states could not enlarge themselves. They possessed respectively either no public lands at all, or very small domains, and to such domains they have added nothing by purchase or by conquest. Charged with all the expenses of municipal administration, including the relief of the indigent, the cure of the diseased, the education of the people, and the removal of natural obstructions to trade and intercourse, they reserved, nevertheless, only the power to raise revenues by direct taxa- tion, one which always was and always will be regarded with jealousy and dislike, and is therefore never one that can be freely exercised. The Union, on the contrary, by conquest and purchase, has quadrupled its domain, and is in possession of superabundant revenues, derived from that domain and from imposts upon for- eign commerce, while it also enjoys the power of direct taxation. Contrast the meager salaries of the officers of the states with the liberal ones enjoyed by the agents of the Union. Contrast the ancient, narrow, and cheerless capitols of Annapolis, Har- risburg, and Albany, with this magnificent edifice, amplifying itself to the north and the south, while it is surrounded by gar- dens traversed by spacious avenues and embellished with fount- ains and statuary, and you see at once that the order of things has been reversed, and that it tends now not. merely to concen- tration, but to consolidation. I know not how others may be affected by this tendency, but I confess that it moves me to do 320 ILECTIONS all that I can, by a fair construction of the constitution, not to abate the federal strength, and diminish the majesty of the Union, hut to invigorate and aggrandize the Btates, and to ena- ble them to maintain their just equilibrium in our viand but exquisitely-contrived political — ■/• in I . S. Senate on the 1 the Bill granting Lands to the eral States for ti the Indigent lnsane s June 19, 1854, -c press is the palladium of lib- erty; and yet, mutually proscribing all editorial indepe MISCELLANEOUS. 821 that is manifested by opposition to our own opinions, we have only attained a press that is free in the sense that every inter- est, party, faction, or sect, can have its own independent organ. If it be still maintained, notwithstanding these illustrations to the contrary, that entire social independence prevails, then, I ask, why is it so necessary to preserve with jealousy, as we justly do, the ballot, in lieu of open suffrage ; for if every citizen is really free from all fear and danger, why should he mask his vote more than his face. Believe me, fellow-citizens, indepen- dence always languishes in the very degree that intolerance prevails. We smile at the vanity of the factory-girl at Lowell, who, having spent the secular part of the week in making calicoes for the use of her unsophisticated countrywomen, disdainfully arrays herself on Sundays exclusively in the tints of European dyes ; and yet, we are indifferent to the fact that beside a uni- versal consumption of foreign silks, excluding the silkworm from our country, we purchase, in England alone, one hundred and fifty millions of yards of the same stained muslins. We sustain, here and there, a rickety, or at best a contracted iron manufac- tory ; while we import iron to make railroads over our own end- less ore fields, and we carry our prejudices against our struggling manufacturers and mechanics so far as to fastidiously avoid wear- ing on our persons, or using on our tables, or displaying in our drawing-rooms, any fabric, of whatsoever material, texture, or color, that, in the course of its manufacture, has to our best knowledge and belief, ever come in contact with the honest hand of an American citizen. In all this, we are less independent than the Englishman, the Frenchman, or even the Siberian. It is painful to confess the same infirmity in regard to intel- lectual productions. We despise, deeply and universally, the spoiled child of pretension, who, going abroad for education or observation, with a mind destitute of the philosophy of travel, returns to us with an affected tone and gait, sure indications of a craven spirit and a disloyal heart. And yet how intently do we not watch to see whether one of our countrymen obtains in Europe the honor of an aristocratic dinner, or of a presentation, in a grotesque costume, at court ! How do we not suspend our judgment on the merits of the native artist, be he dancer singer, actor, limner, or sculptor, and even of the native author, inven- 14* 3 2 2 SELECTIONS. tor, orator, bishop, or statesman, until, by flattering those who habitually depreciate his country, he passes safely the ordeal of foreign criticism, and so commends himself to our own most cau- tions approbation. How do we not consult foreign mirrors, for our very virtues and vices, not less than for our fashions, and think ignorance, bribery, and Blavery, quite justified at home, it' they can be matched against oppression, pauperism, and crime, in other countries ! On - too, we are bold in applauding heroic struggling f< r freedom abroad ; and we certainly have hailed with enthusi- asm every republican revolution in South America, in Prance, in Poland, in Germany, and in Hungary. And yet how does not cur sympathy rise and (all, with every change of the political temperature in Burope I In just this extent, we are not only independent, but we are acta verned by the monar- chies and aristocracies of the ' >ld World, 5Too n:.i\ ask impatiently, if I require the .American citizen to throw off all submission to law, all deference to authority, and all respect to the opinions of mankind, and that the American Republic shall constantly wage an aggressive war against all foreign Bystemsl 1 answer, no. There is lien', as everywhere, a middle and a Bafe way. 1 would have the American citizen yield always a cheerful acquiescence, and never a Bervile adhe- -•, to ilif opinions of the majority of his countrymen and of mankind, whether they be engrossed in the forms of law or not, on all questions involving no moral principle ; and even in regard to such as do affect the conscience, 1 would have him avoid Dot only faction, but even the appearance of it. But I demand, at the same time, that he shall have his own matured and indepen- dent convictions, the result not of any authority, domestic or foreign, on every measure of public policy, and so, that while always temperate and courteous, he shall always be a free and outspeaking censor, apon not only opinions, customs, and admin- istration, but even upon laws and constitutions themselves. What I thus require of the citizen, I insist, also, that he shall allow to every one of his fellow-citizens. I would have the nation also, though moderate and pacific, yet always (rank, de- cided and firm, in bearing its testimony against error and opptf sion ; and while abstaining from forcible intervention in foreign MISCELLANEOUS. 323 disputes, yet always fearlessly rendering to the cause of republi- canism everywhere, by influence and example, all the aid that the laws of nations do not peremptorily, or, in their true spirit, forbid. Do I propose in this an heretical, or even a new standard of public or private duty 1 All agree that the customary, and even the legal standards in other countries are too low. Must we then abide by them now and for ever ? That would be to yield our independence, and to be false toward mankind. Who will maintain that the standard established at any one time by a majority in our country is infallible, and therefore final ? If it be so, why have we reserved, by our constitution, freedom of speech, of the press, and of suffrage, to reverse it ? No, we may change every thing, first complying, however, with constitutional conditions. Storms and commotions must indeed be avoided, but the political waters must nevertheless be agitated always, or they will stagnate. Let no one suppose that the human mind will consent to rest in error. It vibrates, however, only that it may settle at last in immutable truth and justice. Nor need we fear that Ave shall be too bold. Conformity is always easier than contention; and imitation is always easier than innovation. There are many who delight in ease, where there is one who chooses, and fearlessly pursues, the path of heroic duty. Moreover, while We are expecting hopefully to see foreign cus- toms and institutions brought, by the influence of commerce, into conformity with our own, it is quite manifest that commerce has reciprocating influences, tending to demoralize ourselves, and so to assimilate our opinions, manners, and customs, ultimately to those of aristocracy and despotism. We can not afford to en- at all on that side. We exist as a free people only by force of our very peculiarities. They are the legitimate peculiarities of re- publicanism, and, as such, are the test of nationality. Nationality ! It is as just as it is popular. Whatever policy, interest, or institution, is local, sectional, or foreign, must be zeal- ously watched and counteracted ; for it tends directly to social derangement, and so to the subversion of our democratic con- stitution. But it is seen at once that this nationality is identical with that very political independence which results from a high tone of individuality on the part of the citizen. Let it have free play, 824 LECTIONS. then, and so let every citizen value himself at his just worth, in body and soul ; namely, not a serf or a subject of any human authority, or the inferior of any class, however great or wise, but a freeman, who is so because " Truth has made him free ;" who not only, equally with all others, rules in the republic, but is also bound, equally with any other, to exercise designing wis- dom and executive vigor and efficiency in the eternal duty of saving and perfecting the state. When this nationality shall prevail, we shall no more see fash' 1th, social rank, politi cal combination, or even official proscription, effective in suppres- sing the ntterac of I tnre opinions and true convictions; and so enforcing for brief ] with long reactions, political con- formity, at the hazard of the public v and at the cost of tlu- public virtue Let this nationality prevail, and then we shall to under- value our own fan: • chanics, and manufacturers, and their productions; our own science, and literature, and inventions; our own orators and statesmen; in short, our own infinite resoun and all-competent skill, our own virtue, and our own peculiar and justly envied freedom. — .['. I bulitute,N. Y., Or/. 20, 18 •peace. The first want of every nation •. the last is pence. It wants ] , ( ui- forefathers nnd I philot- oph; ■• ernmenl ; for I tem which sed with even the forces necessary for perfect defence, rather than cumber it with such as might tempt it to unnecessary collis- ion with other stairs. \ government has no adap- tation to war. War involves a nation in debt, ami requires vast BUpplieS of men and taxes, and self-taxing people w ill not. except when absolutely 1 by the exigencies of danger, vote either one or the other. Our government has not effective pOWeXB of conscription. No modern state ha- carried on, or can carry on, ressive war without conscription. War. however brief its duration, and however iighl it- calamities, deranges all social industry, subverts order and corrupts public morals. The first element, then, of our social happiness and security is Peace. — Speech, ■ ,1-11. ORATIONS AND SPEECHES. THE DESTINY OF AMERICA; This scene is new to me, a stranger in Ohio, and it must be in a degree surprising even to yourselves. On these banks of the Scioto, where the elk, the buffalo, and the hissing serpent haunted not long ago, I see now mills worked by mute mechan- ical laborers, and warehouses rich in the merchandise of many cl5mes. Steeds of vapor on iron roads and electrical messengers on pathways which divide the air, attest the concentration of many novel forms of industry, while academic groves, spacious courts, and majestic domes, exact the reverence always eminently due to the chosen seats of philosophy, religion, and government. "What a change, moreover, has within the same short period come over the whole country that we love so justly and so well. High arcs of latitude and longitude have shrunk into their chords, and American language, laws, religion, and authority, once confined to the Atlantic coast, now prevail from the north- ern lakes to the southern gulf, and from the stormy eastern sea to the tranquil western ocean. Nevertheless it is not in man's nature to be content with pres- ent attainment or enjoyment. You say to me therefore with excusable impatience, " Tell us not what our country is, but what she shall be. Shall her greatness increase 1 Is she im- mortal ?" I will answer you according to my poor opinion. But I pray you first, most worthy friends, to define the greatness and immor- tality you so vehemently desire. * Oration at the Dedication of Capital University, Columbus, Ohio, Sep- tember 14, 1853. ORATION. If the Future which you seek consists in this ; that these thirty-one states shall continue to exist for a period as long as human foresight is allowed to anticipate after coming events j that they shall be all the while free ; that they shall remain dis- tinct and independent in domestic economy, and nevertheless ho only one in commerce and foreign affairs ; that there shall arise from among them and within their common domain even more than thirty-one other equal Btates, alike free, independent, and united j that the borders of the federal republic bo peculiarly constituted shall Be extended b i thai it shall greet the sun when he touches the tropic, and when he Bends h^ glancing rays toward the polar circle, and shall include oven distant islands in either ocean ; that our population, now counted by tens "i' millions, shall ultimately l ned by hundreds <-!' millii that our wealth shall increase a thousand fold, and our commer- cial connections shall ho multiplied, and our political influence he enhanced in proportion with this wi elopment, and that mankind shall come to re< in us a bu of tin- few have alternately home commanding Bway in the world — if this, and only this is desired, then 1 am free to thai if, ;i- you will readily promise, our public ami private virtues .-hall be preserved, nothii ts t<> me more certain than the attainment of this future, so surpassingly comprehen- sive and magnificei Indeed, such a futtu be only a natural consequence of what has already been Becured. Why thru shall it not he attained 1 [s nut the field as free for the expansion indicated if was for that which has occurred ! Are no1 the national resources immeasurably augmented ami continually increasing l With telegraphs and railroads crossing the Detroit, the Niagara, the ^9t. Johns, and the St. Lawrence rivers, with Bteamers on the lakes of Nicaragua, and a railroad across the isthmus df Pan- ama, ami with negotiations in progress for passages over Te- huantepec and Darien, with a fleel in Hudson's bay and another at Bhering's straits, and with yet another exploring the I. a Plata, ami with an armada at the gates of Japan, with Mr ready to divide on the question of annexation, ami with the Sandwich islands suing to us for our sovereignty, it is ijiiite clear to us that the motives to enlargement air i'\rn more active than THE DESTINY OF AMERICA. 829 they ever were heretofore, and that the public energies, instead of being relaxed, are gaining new vigor. Is the nation to become suddenly weary and so to waver and fall off from the pursuit of its high purposes 1 When did any vigorous nation every become weary even of hazardous and ex- hausting martial conquests 1 Our conquests on the contrary, are chiefly peaceful, and thus far have proved productive of new wealth and strength. Is a paralysis to fall upon the national brain 1 On the contrary, what political constitution has ever throughout an equal period exhibited greater elasticity and ca- pacity for endurance 1 Is the union of the states to fail ? Does its strength indeed grow less with the multiplication of its bonds 1 Or does its value diminish with the increase of the social and political inter- ests which it defends and protects ? Far otherwise. For all practical purposes bearing on the great question, the steam en- gine, the iron road, the electric telegraph, all of which are newer than the Union, and the metropolitan press, which is no less won- derful in its working than they, have already obliterated state boundaries and produced a physical and moral centralism more complete and perfect than monarchical ambition ever has forged or can forge. Do you reply nevertheless that the Union rests on the will of the several states, and that, no matter what prudence or reason may dictate, popular pnssion may become excited and rend it asunder. Then I rejoin, When did the American people ever give Avay to such impulses ? They are practically impassive. You remind me that faction has existed, and that only recently it was bold and violent. I answer that it was emboldened by popular timidity, and yet that even then it succumbed. Loyalty to the Union is not in one or many states only, but in all the states, the strongest of all public passions. It is stronger, I doubt not, than the love of justice or even the love of equality, which have acquired a strength here never known among mankind be- fore. A nation may well despise threats of sedition that has never known but one traitor, and this will be learned fully by those who shall hereafter attempt to arrest any great national move- ment by invoking from their grave the obsolete terrors of disunion. But you apprehend foreign resistance. Well, where is our 350 ORATION. enemy ? Whence shall he come? "Will lie arise on this conti- nent ! Canada has great resources and begins to give signs of a national spirit. But Canada is not yet independent of Great Britain. And she will be quite too weak to be formida- ble to us when her emancipation shall have taken place. More- over, her principles, interests, and sympathies, assimilate to our own just in the degree that she verges toward separation from the parent country. Canada, although a province of Great Brit- ain, i- already half annexed to the United States. She will ultimately become a member of this confederacy if we will con- sent, an ally if Me will not allow her to come nearer. At leasl she can never be an adversary. Will Mexico, or Nicaragua, or Guatemala, or Ecuador, or Peru, all at once become magically cured of the inherited from aboriginal ami Spanish pa- rentage, and call up I tr under tie- earth and navies from the depths of t and thus become the Rome that shall resist and overthrow this overspreading Carthage of ours I Or are we to receive OUT death-stroke ;it tin- hand of Brazil, doubly cursed as Bhe is above all other American states by her adoption of the f I absurd institutions remaining among men. European monarchy and American slavery. a enemy to come forth from the islands in adjacent seas I Where then shall we look for him I < >n the Antilles, or Oil the Bermudas, or on the Bahamas .' Which of the conflicting Bocial elf, i ther, yet unmixed, there, is ultimately to prevail .' Will it be Caucasian or African I Can tno not only combine bul I all at once ■ ive and powerful? shall we look for an adversary in Europe .' Napoleon said at Helena, "America is a fortunate country. She grows by the follies of our European nations." Since when have those nations grown wise I If they have at lasl become wise, bow is it that America ha- nevertheless nol ceased to grow | Bui what European Btate will oppose us? Will Great Britain? If she fears to grapple with Russia advancing toward Constantinople on the way to India, though not only her prestige, but even her empire is threatened, will -he he hold enough to cm nt of herwaj . an encounter with as? 'Who will feed and pay her artisans while she shall he engaged in destroying ber Amer- ican debtors and the American consumers of her fabrics ? <-: THE DESTINY OP AMERICA. 331 Britain has enough to do in replacing in Ireland the population that island has yielded to us, in subjecting Africa, in extending her mercantile dominion in Asia, and in perpetually readjusting the crazy balance of power in Europe, so essential to her safety. We have fraternal relations with Switzerland, the only republic yet lingering on that continent. Which of the despotic powers existing there in perpetual terror of the contagion of American principles will assail us and thus voluntarily hasten on that uni- versal war of opinion which is sure to come at some future time, and which whenever it shall have come, whether it be sooner or later, can end only in the subversion of monarchy and the establishment of republicanism on its ruins throughout the world 1 Certainly no one expects the nations of Asia to be awakened by any other influences than our own from the lethargy into which they sunk nearly three thousand years ago, under the spells of superstition and caste. If they could be roused and invigorated now, would they spare their European oppressors and smite then American benefactors 1 Nor has the time yet come, if indeed it shall come within many hundred years, when Africa, emerging from her primeval barbarism, shall vindicate the equality of her sable races in the rights of human nature, and visit upon us the latest, the least guilty and the most re- pentant of all offenders, the wrongs she has so long suffered at the hands of so many of the Caucasian races. No ! no, we can not indeed penetrate the eternal counsels, but reasoning from what is seen to what is unseen, deducing from the past probable conjectures of the future, we are authorized to conclude that if the national virtue shall prove sufficient the material, progress of the United States which equally excites our own pride and the admiration of mankind, is destined to indefi- nite continuance. But is this material progress even to the point which has been indicated the whole of the future which we desire ? It is seen at once that it includes no high intellectual achievement, and no extraordinary refinement of public virtue, while it leaves entirely out of view the improvement of mankind. Now there certainly is a political philosophy which teaches that nations like individ- uals are equal, moral, social, responsible persons, existing not for objects of merely selfish advantage and enjoyment, but for the 332 ORATION. performance of duty, which duty consists in elevating themselves and all mankind as high as possible in knowledge and virtue ; that the human race is one in its origin, its rights, its duties, and its destiny, that throughout the rise, progress, and decline of nations, one divine purpose runs — the increasing felicity and dignity of human nature — and that tnio greatness or glory, whether of individuals or of nations, is justly measured, nut by the territory they compass, or the wealth they accumulate, or the fear they inspire, hut by £ree in -which they promote the accomplishment of that and beneficent n of the of tlio univi •• '!'!"• g : and objeci of id Socrates, " is the per- fection of tlio intellect, the great moral duty of man is knowledge, and tbe objeci of all know [i one, namely, Truth, the < rood, tlif Beautiful, the 1 >h "me Reason." Iso Plato taught that " Man ought to Btrive after and de- the contemplation of the < >m:. the I'.i brn il, the Imim Cicero wrote, "There are those who deny that any bond of law or < iation for purposes of common good exists among citizens. This opinion subverts all anion in a Btate. There are those who deny that any rach bond exists between themseb and strangers, and this opinion destroys the community of the Human ■ II declared that there was in man's natun tret love thers, which it' not contri »uld expand and embrace all men." These maxims proceed on the principle of the unity of the e, and <" of a Bupreme law regulating the conducl of men and nations upon the basis of absolute justice and equality. I • ke adopted them when he inculcated that while then- w< "l;iw nt' popular opinion or reputation," which in society was "the measure of virtue and vice," and while there was a civil law which in the state was "the measure of crime and inno- cence," there was also a divine law which extended over "all iety and al! . and which was the only touchstone of moral rectitude." closed his recital of the decline I Roman civilization, with these equally true and momentous reflections: "Had not THE DESTINY OF AMERICA. 333 the Christian church existed at this time the whole world must have fallen a prey to mere brute force. The Christian church alone possessed a moral power. It maintained and promulgated the idea of a precept, of a law superior to all human authority. It proclaimed that great truth, which forms the only foundation of our hope for humanity, that there exists a law above all hu- man laws,. which by whatever name it may be called, whether reason, the la^ of God, or what not, is at all times and in all places the same, under different names." It ought not to excite any surprise when I aver that this phi- losophy worked out the American Revolution. " Can anything," said John Adams, in replying to one who had apologized for the stamp-act, — " Can anything not abominable have provoked you to commence, an enemy to human nature?" Alexander Hamilton, though less necessary to the Revolution than John Adams, was even more necessary to the reconstruc- tion of society. He directed against the same odious stamp-act the authority of British law as he found it written down by Blackstone. " The law of nature being coeval with God him- self is of course superior to any other. It is binding over all the globe, in all countries, and at all time. No human laws are of any validity if contrary to this ; and such of them as are valid derive all their authority mediately or immediately from this original." Then, as if despising to stand on any mere human authority, however high, the framer of the American constitu- tion proceeded, " The sacred rights of mankind are not to be rummaged for among old parchments or musty records. They are written as with a sunbeam in the whole volume of human nature, and can never be erased or obscured by mortal power." How justly Knox conceived the true character of the chief personage of the Revolution, even at its very beginning, " The great and good Washington, a name which shall shine with dis- tinguished lustre in the annals of history, a name dear to the friends of the liberties of mankind." La Fayette closed his review of the Revolution when return- ing to France with this glowing apostrophe : " May this great temple which we have just erected to liberty always be an in- struction to oppressors, an example to the oppressed, a refuge 334 ORATln.V for the rights of the human race, and an object of delight to the manes of its founders." "Happy," said Washington when announcing the treaty of peace to the army, " thrice happy shall they be pronounced here- after, who shall have contributed anything, who shall have per- formed even the meanest office in erecting this stupendous fabric of freedom and empire <>n the broad basis of independency, who shall have assisted in protecting the rights of hugian nature and establishing an asylum for the poor and oppressed of all nations and religions." Yon remember well that the Revolutionary Congress in the Declaration of Independence placed the momentous controversy between the colonies of Great Britain alh.w full activit) to the }»rin- THE DESTINY OF AMERICA. 339 ciples thus acknowledged, through fear of disturbing the har- mony of society and the peace of the world. Nevertheless, it is clear that the same philosophy which brings republican insti- tutions into existence must be exclusively relied upon to defend and perpetuate them. A tree may indeed stand and grow and flourish for many seasons, although it is unsound at the heart ; but just because it is so unsound, its leaves will ultimately wither, its branches will fall, and its trunk will decay. It is only the house that is built upon the rock that can surely and for ever defy the tempests and the waves. The founders of this repub- lic knew this great truth right well, for they said : " If justice, good faith, honor, gratitude, and all the other qualities which ennoble a nation and fulfil the ends of government, shall be the fruits of our establishments, then the cause of liberty will ac- quire a dignity and a lustre which it has never yet enjoyed, and an example will be set which can not but have the most favor- able influence on mankind. If, on the other side, our govern- ments should be unfortunately blotted with the reverse of these cardinal virtues, then the great cause which we have engaged to vindicate will be dishonored and betrayed. The last and fairest experiment of human nature will be turned against them, and their patrons and friends will be silenced by the insults of the votaries of tyranny and oppression."* The example of Rome is often commended to us for our emu- lation. Let us consider it then with becoming care. Rome had indeed forms of religion and morals and a show of philosophy and the arts, but in none of these was there more than the faint- est recognition of a universal humanity. Her predecessor, Greece, had, in a brilliant but brief and precocious career, in- vented the worship of nature, or, in other words, the worship of deities, which were only names given to the discovered forces of nature. This religion did not indeed exalt the human mind, to a just conception of the Divine, but, on the other hand, it did not altogether consign it to the sphere of sensuality. Rome unfortunately rejected even this poor religion, because it was for- eign and because it was too spiritual ; and in its stead she es- tablished one which practically was the worship of the state it- self. The senate elected gods for Rome, and. these were ex- * Address of the Continental Congress, 1789. ORATION. ted to reward that distinguished partiality by showing pecu- liar and discriminating favor to the people of Rome, and the same political authority appointed creed, precepts, ritual, and priesthood. Does it need amplification to show what the char- er of the creed, the pn the ritual, and the priesth< thus establi ?arily w< All were equally licenti and c :' Rome Ambition was the sole moti Late. At first every town in It;il;. . however remote, was re- conquered, not in retaliation for any injo ■ i, nor e the purpose oi ban . I ut to I ; . and enslaved, that B rich and i cupj the world al< iid, duplicity, and I I be practised I the foreigner, and i it be inflicted upon the o bad n • or in defence of bis Military valor u«>t only became the bighesl of virtues lu? exclusively usurped the name of virtue. I acl of parri- - the highest of crimes, not however because of it- gross inhumanity, bul il fiction the father was a v .i- I • - a ay of Rome, as it Bpread irld as thru known, nevertheli tvitated toward the city and centred in the or Patricians. The Plebeians wcr< led and despised b( 'heir an i e immi- Bel there was yei a lower order, con- ing of prisoners-of-war and their offspring, always numerous enough to endanger the Bafetyofthe state. These were Blaves, and the code of domestic servitude established for the captured id their descendants in four own country i- a meliorat tion of that which N' tne maintained for the ernmenl of slaves as various in nation, language, and religion, as the enemies she conquered. These orders, mutally hostile and under by discriminating laws and carefully-cherished prejudices. The Patricians divided 1 1 » « - pub- lic domain among themsi ilthough Plebeian Id 1 was shed as profusely as their own in acquiring it. The Patricians alone administered justice, and they even kepi the forms of its in ist ration a profound mystery sealed against theknowle THE DESTINY OF AMERICA. 841 of those for whose safety and welfare the laws existed. The Plebeian could approach the courts only as a client in the foot- steps of a Patrician patron, and for his aid in obtaining that jus- tice which of course was an absolute debt of the state the Patri- cian was entitled to the support of his client in every enterprise of peisonal interest and ambition. Thus did Home, while en- slaving the world, blindly prepare the machinery for her own overthrow by the agency of domestic factions. Industry in Home was dishonored. The Plebeians labored with the slaves. Patricians scorned all employments but that of agriculture and the service of the state. And so Rome rejected commerce and the arts. The person of the Patrician was inviolable, while the Plebeian forfeited liberty and for a long period even life by the failure to pay debts which his very necessities obliged him to contract. The slaves held their lives by the tenure of their masters' forbearance, and what that forbearance was we learn from the fact that they arrayed the slaves against each other, when trained as gladiators, in mortal combat for the gratification of their own pride and the amusement of the people. Punish- ments were graduated, not by the inherent turpitude of the crimes committed, nor by the injury or danger resulting from them to the state, but by the rank of the offender. What was that Ro- man liberty of which in such general and captivating descrip- tions we read so much ? The Patrician enjoyed a licentious freedom, the Plebeian an uncertain and humiliating one, extorted from the higher order by perpetual practices of sedition. Ac- cording to the modern understanding of popular rights and char- acter, there was no people in Rome. So at least we learn from Cicero : " Non est enim consilium in viilgo. Non ratio, non dis- crimen, non diligentia. Scmpcrque sapienter ea quae populus Je rendu non laudanda." The domestic affections were stifled in that wild society. The wife was a slave and might be beaten, transferred to another lord, or divorced at pleasure. The father slew his children whenever their care and support became irksome, and the state approved the act. In such a society the rich and great of course grew always richer and greater, and the poor and low always poorer and more debased ; and yet throughout all her long ca- reer did Rome never establish one public charity, nor has his- 342 ORATION. tory preserved any memorable instances of private benevolence. Sncli was the life of Rome under her kings and consuls. She attained the end of her ambition, and became, as her historian truly boasts, " Populus Romantts victor dominusque omnium gen- tium." But at the same time the city trembled always at the very breathing of popular discontent, and every citizen and even the senate, generals, and consuls, were every hour the slaves of superstitious Pears of the withdrawal of the favor of the gods. The people Bighing for milder and mure genial laws, after the lapse of many centuries recovered the lost code which the good king Numa had received from the goddess Egeria. 1 ><> we wonder that thi I its publication, lesl it might produce agitation dangeroui to the public peace 1 Or can we be surprised when we read that Cicero, whose philosophy was only less than divine, when he found that the republic was ac- tually falling into ruins, implored his new academy to be silent I Y-'u know well the prolonged but fearful catastrophe, the civil and the servile wars, the dictatorship, the usurpation, the em- pire, the military despotism, the insurrections in the provinces, the invasion by barbarians, the division and the dismemberment and the fall of the Btate, the extinction of the Roman name. Lan- guage, and laws, and the destruction of Bociety, and even civili- zation itself, not only in Italy, but throughout the world, and the consequent darkness winch overshadowed the earth throughout ii centuries. This is the moral of a Btate whose material life is stimulated and perfected, while its spiritual lite is neglected and extinguished. And now it is Been that the future which we ought to desire for Our country involves besides merely physical prosperity and randizement, corresponding intellectual development and ad- vancement in virtue ale our spiritual life hitherto improved equally with our material growth I It i-> not easy to answer the question. We were at first i Bmall and nearly a homogeneous people. We are now eight times more numerous, and we have incorporated large and vari- ous foreign elements in our Bociety. We were originally a ru- ral and agricultural people. Now one Beventh of our population is found in manufacturing towns and commercial cities. We then were poor, and lived in constant apprehension of dom< THE DESTINY OF AMERICA. 343 disorder and of foreign danger, and we were at the same time distrustful of the capacity and stability of our novel institutions. We are now relatively rich, and all those doubts and fears have vanished. We must make allowance for this great change of circumstances, and we must remember also that it is the charac- ter of the great mass of society now existing that is to be com- pared with, not the heroic models of the revolutionary age, but with society at large as it then existed. It is certain that society has not declined. Religion has, in- deed, lost some of its ancient austerity, but waiving the question whether asceticism is a just test of religion, we may safely say that the change which has occurred is only a compromise with foreign elements of religion, for who will deny that those elements are purer and more spiritual here than the systems existing abroad from which they have been derived 1 Nor can it be denied that while the ecclesiastical systems existing among us have been, with even more than our rigorous early jealousy, kept distinct and separate from the political conduct of the state, religious in- stitutions have been multiplied relatively with the advance of settlement and population, and are everywhere well and effectu- ally sustained. At the era of independence we had little intel- lectual reputation, except what a bold and successful metaphysi- cian and a vigorous explorer in natural philosophy had won for us. We have now, I think, a recognised and respectable rank in the republic of letters. It is true, indeed, that we have produced few great works in speculative science and polite literature ; but those are not the departments which, during the last half century have chiefly engaged the human mind. A long season of political reform and recovery from exhausting wars has necessarily required intellectual activity in reducing into use the discoveries before made ; and we may justly claim that in applying the elements of science to the improvement and advancement of agriculture, art, and commerce, we have not been surpassed. I do not seek to disguise from myself, nor from you, the ex- istence of a growing passion for territorial aggrandizement, which often exhibits a gross disregard of justice and humanity. Nevertheless, I am not one of those who think that the temper of the nation has become already unsettled. Accidents favor- 3 ! [ ORATION. ing the indulgence of that passion, have been mot with a degree of self-denial that no other nation ever practise, 1. Aggrandize- ment has been incidental, while society lias nevertheless be- stowed its chief care on developments of natural resources, re- forms <>f political constitutions, melioration of codes, the diffusion of knowledge, and the cultivation of virtue. If this benign pol- has been chiefly <■" I within the domain of state au- thority, and lias not reached our federal system, the explanation obvious m the facts that the popular will is by virtue of the federal constitution, slower in reaching that system, and that we inherited fears which seemed patriotic, of the danger of sever- ance of the Union, to result from innovation. If wo have not in the federal government forsaken as widely a- wc ought to have don< i- of administration borrowed from countries where liberty was either unknown or was greatly abridged, and so have maintained armies, ami i rad diplomacy, on a scale of unnecessary grandeur and ostentation, it can hardly be con- tended tint they have in any great degree corrupted the public virtue. Inquiry is now more active than it has heretofore been, and it may nol ho doul ted that the federal action will hereafter, though with such moderation as will produce no danger and jus- no alarm, ho made to conform to the sentiments of prudence, enterpri and humanity, which prevail among the 1"'"; iking through tin' states which formed the confederacy in inning, we i\\\<\ ;i- I facts, that public order has been effectually maintained, public faith has been preserved, and public tranquillity has been undisturbed, that justice has rywhere been regularly administered, and generally with im- We have establishe 1 education, which, it is tin ied by i i institutions, iii regard to : traction afforded, but which neverth eh r more equal and uni? to then hich an ted; .-Mill we arc 1 eginni I I equally to which is a • alt' in modern civilizati the illlts to • ' i !' lihert ; < >ur tture half a century [together ephemeral and bcs rmed an element of moral or political influence. !i THE DESTINY OF AMERICA. 845 is now marked with our own national principles and sentiments, and exerts every day an increasing influence on the national mind. The journalist press, originally a feeble institution, often engaged in exciting the passions and alarming the fears of society, and dividing it into uncompromising and unforgiving factions, has been constantly assuming a higher tone of morality and more patriotic and humane principles of action. There are indeed gross abuses of the power of suffrage, but still our popu- lar elections on the whole, express the will of the people, and are even less influenced by authority, prejudice, and passion, than heretofore, Slavery, an institution that was at first quite universal, has now come to be acknowledged as a peculiar one existing in only a portion of the states. And if, as I doubt not, yon, like myself, are impatient of its continuance, then you will nevertheless find ground for much satisfaction in the fact that the foreign slave trade has been already by unanimous consent of all the states condemned and repudiated, that manumission has been effected in half of the states, and that, notwithstanding the great political influence which the institution has been able to organize, a healthful, constant, and growing public sentiment, nourished by the suggestions of sound economy and the instincts of justice and humanity, is leading the way with marked ad- vance toward a complete and universal though just and peace- ful emancipation. It must be borne in mind, now, that all this moral and social improvement has been effected, not by the exercise of any authority over the people, but by the people themselves acting with freedom from ail except self-imposed restraints. Of the new states it is happily true that they have, almost without exception, voluntarily organized their governments ac- cording to the most perfect models furnished by the elder mem- bers of the confederacy, and that they have uniformly main- tained law, order, and faith, while they have with wonderful forecast been even more munificent than the elder states in lay- ing broad foundations of liberty and virtue. On the whole, we think that we may claim that, under the republican system estab- lished here, the people have governed themselves" safely and wisely, and have enjoyed a greater amount of prosperity and 15* 84f> ORATION. happiness than, under any form of constitution, was ever lie fore or elsewhere vouchsafed to any portion of mankind. Nevertheless, this review proves only that the measure of knowledge and virtue we possess is equal to the exigency of the republic under the circumstances in which it was organized. Those circumstances are passing away, and we are entering a career of wealth, power, and expansion. In that career, it is manifest that we shall need higher intellectual attainments and greater virtue as a nation than we have hitherto possessed, fu- el-.' there is no adaptation of means to ends in the Bcheme of the Divine government. Nay, we Bhall need in this new emer- gency intellect and virtue surpassing those of the honored found- el's of the republic. 1 am aware that this proposition will seem to y<>\\ equally unreasonable and irreverent. Nevertheless, you will on ;i moment's reflection admit its truth. I >i »1 the invention of the nation Btop with the discoveries of Fulton and Franklin 1 On the contrary, those philosophers, if they could now revisit the earth, would how to the genius which has perfected the Bteam-engine and the telegraph with a homage as profound as thai with which we honor their own great memory. So I think Jefferson, and even Washington, under the same circumstances, lead of accusing us of degeneracy, would be lost in admira- tion of the extent and perfection to which we have Bafely car- ried in practice the theory of self-eovernment which they estab- lished amid bo much uncertainty, and bequeathed to as with bo much distrust. Shall we acquit ourselves of obligation if we rest content with either the achievements, the intelligence, or the virtue of our ancestors 1 It' bo, then the prospect of man- kind is hopeless indeed, for then it must he true that not only is there an impassable Btage of Bocial perfection, but that we have reached it. and that, henceforth, not only we hut all mankind must recede from it. and civilization must everywhere decline. Such a hypothesis does violence to every power of the human mind and every hope of the human heart. Moreover, these energies and aspirations are the forces of a divine nature within us, and to admit tli.it they can be stifled and suppressed is to contradict the manifest purposes of human existence. Yet it will be quite absurd to claim that we are fulfilling these pur- poses, if we Bhall fail to produce hereafter benefactors of our THE DESTINY OP AMERICA. 847 race equal to Fulton, and Franklin, and Adams, and even Washington. Let us hold these honored characters indeed as models hut not of unapproachable perfection. Let us, on the contrary, weigh and fully understand our great responsibilities. It is well that we can rejoice in the renown of a Cooper, an Irving, and a Bancroft, but we have yet to give birth to a Shakspere, a Milton, and a Bacon. The fame of Patrick Henry and of John Adams may suffice for the past, but the world will yet demand of us a Burke and a Demosthenes. We may repose for the present upon the fame of Morse and Fulton and Franklin, but human society is entitled to look to us, ere long, for a Des Cartes and a Newton. If we disappoint these expectations and acknowledge ourselves unequal to them, then how shall it be made to appear that freedom is better than slavery, and republicanism more conducive to the welfare of mankind than despotism 1 To cherish aspirations humbler than these, is equally to shrink from our responsibilities and to dis- honor the memory of the ancestors we so justly revere. And now I am sure that your hearts will sink into some depth of despondency when I ask whether American society now exhibits the influences of these higher but necessary aspirations ? I think that everywhere there is confessed a decline from the bold and stern virtue which, at some previous time, was incul- cated and practised in executive councils and in representative chambers. I think that we all are conscious that recently we have met questions of momentous responsibility, in the organ- ization of governments over our newly-acquired territories, and appeals to our sympathy and aid for oppressed nations abroad in a spirit of timidity and of compromise. I think that we all are conscious of having abandoned something of our high moral- ity, in suffering important posts of public service, at home and abroad, to fall sometimes into the hands of mercenary men, destitute of true republican spirit, and of generous aspirations to promote the welfare of our country and of mankind : — "Souls that no hope of future praise inflame, Cold and insensible to glorious fame." I think that we are accustomed to excuse the national demor- alization which has produced these results, on the ground that the practice 4 of a sterner virtue might have disturbed the har- 348 ORATION. mony of society, and endangered the safety of that fabric of union on which all pur hopes depend. In this we forget that a nation must always recede if it be not actually advancing ; that as hope is the element of progress, so fear admitted into public counsels betrays like treason. Hut there is, nevertheless, no sufficient reason for the distrust of the national virtue. Moral forces are like material lore-. Bubject to conflict and reaction. It is only through successive reaction that knowledge and virtue advance. The great con- servative and restorative forces of Bociety still remain, and are acquiring, all the while, even greater vigor than they have ever heretofore i d. Whether I am righl ornot in this opinion, all will agree that an increase of popular intelligence and a renewal of public virtue are necessary. This is Baying nothing new, for it is a maxim of political science that all nations must continually advance in knowledge and rene* their constitutional virtues, or must perish. I am sure that we shall do this, because 1 sure that cur great capacity for advancing the welfare of mankind h et been exhausted, and thai the promises we have given to the cause of humanity will not be Buffered to fail by Him who overrules all human events to the promotion of that cause. cy that ia to work out these so neces- sary results I Shall we look to the presi I JTe . we may hope much from the press, for it is nee. It can Bafely inculcate truth and expose prejudice, error, and injustice. The press, moreover, , its perfect mechanism, and it n ry mind tin-' • this vast and ever-widening confederacy. But the inst have editors and authors — men > h g talents, education, and virtue, and so qualified to instruct, enlighten, and he people. look to the Bacred desk I Yes, indeed ; for it is of divi itution and is approved by human experience. The ministei I Ihrist, inculcating divine morals, under divine au- thority, with divine sanctions, and Bustained and aided by special co-operating influences of the Divine Spirit, are now carrying further and broadly onward the great work of the renewal of the civilization of the world, and its emancipation from supersti- tion and despotism. Bnt the mUBt have ministers — THE DESTINY OF AMERICA. 349 men possessing talents, education, and virtue, and so qualified to enlighten, instruct, and guide mankind. But however well the press, the desk, and the popular trib- une, may be qualified to instruct and elevate the people, their success and consequently their influence must after all depend largely on the measure of intelligence and virtue possessed by the people when sufficiently matured to receive their instructions. Editors, authors, ministers, statesmen, and people, all are qualified for their respective posts of duty in the institutions of popular education, and the standard of these is established by that which is recognised among us by the various names of the academy, the college, and the university. We see, then, that the univer- sity holds a chief place among the institutions of the American Republic. I may not attempt to specify at large what the university ought to teach or how it ought to impart its instructions. That has been confided to abler and more practical hands. But I may venture to insist on the necessity of having the standard of moral duty maintained at its just height by the university. That institution must be rich and full in the knowledge of the sciences which it imparts, but this is not of itself enough. It must imbue the national mind with correct convictions of the greatness and excellence to which it ought to aspire. To do this it must ac- custom the public mind to look beyond the mere temporary con- sequences of actions and events to their ultimate influence on the direction of the republic and on the progress of mankind. So it will enable men to decide between prejudice and reason, expe- diency and duty, the demagogue and the statesman, the bigot and the Christian. The standard which the university shall establish must cor- respond to the principles of eternal truth and equal justice. The university must be conservative. It must hold fast every just principle of moral and political science that the experience of mankind has approved, but it must also be bold, remembering that in every human system there are always political supersti- tions upholding physical slavery in some of its modes, as there are always religious superstitions upholding intellectual slavery in some of its forms ; that all these superstitions stand upon pre- scriptions, and that they can only be exploded whore opinion is 350 "NATION. left free, and reason is over active and vigorous. But tlio uni- versity must nevertheless practise and teach moderation and charity even to error, remembering that involuntary error will necessarily be mingled also even with its own best instructions, that unbridled zeal overreaches and defeats itself, and that he ■who would conquer in moral discussion, like him who would pre- vail in athletic games, must be temperate in all things. Reverend [nstructors and Benevolent Founders, this new in- stitution by reason of its location in the centre of Ohio, itself a centra] one among these thirty-one united communities, must exert an influence that can Bcarcely be conceived, now, upon the welfare and fame of our common country. Devote it then I pray von to no mere partisan or sectarian objects. Remember 1 1 1 ; 1 1 the patriot and the Christian is a partisan or a sectarian, only because the constitution of Bociety allow a him no other mode of efficient and beneficent activity. Let "Capital University" be dedicated not to the interests of the beautiful city which it adorns, nor even to the interests of the great and prosperous state who.se patronage 1 bope it will largely enjoy, nor even to the Republic of which 1 trust it ' lecome a tower of Btrength and Bupport. < >n the contrary if you would make it promote most effectually all these precious interests, dedicate it, 1 enjoin upon j on, as our forefathers dedicated all the institutions ■which they established, to the cause of Human Nature. NEBRASKA AND KANSAS. FREEDOM AND PUBLIC FAITH.* Mr. President : The United States, at the close of the Revolution, rested southward on the St. Mary's, and westward on the Mississippi, and possessed a broad, unoccupied domain, circumscribed by those rivers, the Alleghany mountains, and the great northern lakes. The constitution anticipated a division of this domain into states, to be admitted as members of the Union, but it neither provided for nor foresaw any enlargement of the national boundaries. The people, engaged in reorgani- zing their governments, improving their social systems, and establishing relations of commerce and friendship with other na- tions, remained many years content within their apparently am- ple limits. But it was already known that the free navigation of the Mississippi would soon become an urgent public want. France, although she had lost Canada, in chivalrous battle, on the Heights of Abraham, in 1763, nevertheless, still retained her ancient territories on the western bank of the Mississippi. She had also, just before the breaking out of her own fearful revolution, re-acquired, by a secret treaty, the possessions on the Gulf of Mexico, which, in a recent war, had been wrested from her by Spain. Her first consul, among those brilliant achieve- ments which proved him the first statesman as well as the first captain of Europe, sagaciously sold the whole of these posses- sions to the United States, for a liberal sum, and thus replen- *Speech in the United States Senate, February 17, 1854. IN THE UNITED I'E. ished his treasury, while he Baved from his enemies, and trans- ferred to a friendly power, distant and vast regions, which, for want of adequate nayal force, he was unable to defend. This purchase of Louisiana from France by the United involved a grave dispute concerning the western limits of that province ; and that controversy, having remained open until I s L9, was thru adjusted by a treaty, in which they relin- quished Texas to Spain, and accepted a cession of the early-dis- covered and long-inhabited provinces of Easl Florida and West Florida. The United States stipulated, in each of these ca to admit the countries thus annexed into the federal Union. The acquisitions of Oregon, by discovery and occupation, of I • by voluntary annexation, and of New Mexico and Cali- fornia, including what is now called Utah, by war, completed the rapid course of enlargement, at the close of which our fron- tier has been fixed near the centre of what was New Spain, on tin- Atlantic side <•!' the continent; while on the west, as on the t, only an ocean separates us from the nations of the old world. [I u n ■' in my way no? on the question, how long '.'• e are to n I positio - ivery, before tl lution, i in all the thirteen colonies, as h did also in nearly all tl , European planta- tions in America. But it had ! d forced by British authoi for political and commert on the in people, linsi their 0? feelings of justice and humanity. They had protested and remonstrated against the costly, for forty and the;. and remon- inst it only when they finally committed their entire cause of complaint to the arbitrament of arms. An spirit of emancipation was abroad in the colonies at the i the Revolution, and all of them, except, perhaps, South Carolina and 1 1 ia, antii : . and designed an early re- moval of th dq from itry. 1 ion of the \- a slave-trade, which was universally re to that gre rare, was, with much relnctai med until L808. While there was no national power, and no olaim <»r desire for national power, anywhere, to compel involuntary eman< NEBRASKA AND KANSAS. 353 tion in the states where slavery existed, there was at the same time a very general desire and a strong- purpose to prevent its introduction into new communities yet to he formed, and into new states yet to he established. Mr. Jefferson proposed, as early as 1784, to exclude it from the national domain which should he constituted by cessions from the states to the United States. He recommended and urged the measure as ancillary, also, to the ultimate policy of emancipation. There seems to have been at first no very deep jealousy between the emancipa- ting and the non-emancipating states; and the policy of admit- ting neAV states was not disturbed by questions concerning slavery. Vermont, a non-slaveholding state, was admitted in 1793. Kentucky, a tramontane slaveholding community, hav- ing been detached from Virginia, was admitted, without being questioned, about the same time. So, also, Tennessee, which was a similar community separated from North Carolina, was admitted in 1796, with a stipulation that the ordinance which Mr. Jefferson had first proposed, and Avhich had in the mean time been adopted for the territory northwest of the Ohio, should not be held to apply within her limits. The same course was adopted in organizing territorial governments for Mississippi and Alabama, slaveholding communities which had been detached from South Carolina and Georgia. All these states and territo- ries were situated southwest of the Ohio river, all were more or less already peopled by slaveholders with their slaves ; and to have excluded slavery within their limits would have been a national act, not of preventing the introduction of slavery, but of abolishing slavery. In short, the region southwest of the Ohio river presented a field in which the policy of preventing the introduction of slavery was impracticable. Our forefathers never attempted what was impracticable. But the case was otherwise in that fair and broad region which stretched away from the banks of the Ohio, northward to the lakes, and westward to the Mississippi. It was yet free, or practically free, from the presence of slaves, and was nearly un- inhabited, and quite unoccupied. There was then no Baltimore and Ohio railroad, no Erie railroad, no New York Central rail- road, no Boston and Ogdensburgh railroad ; there was no rail- road through Canada ; nor, indeed, any road around or across 354 SPEECHES IX THE UNITED STATES SENATE. tlie mountains; no imperial Erie canal, no Welland canal, no lockage around the rapids and the tails of the St. Lawrence, the Mohawk, and the Niagara rivers, and no steam navigation on the lakes or on the Hudson, or on the Mississippi. There, in that remote and secluded region, the prevention of the in- troduction of slavery Mas possible; and there our forefathers, win) left no possible national good unattempted, did prevent it. It makes one's heart bound with joy and gratitude, and lift itself up with mingled pride and veneration, to read the history of thai great transaction. Discarding tin 1 trite and common forms of expressing the national will, they did not merely "vote," or " resolve," or " enact," as on other occasions, but they "or- dained," in language marked at once with precision, amplifica- tion, solemnity, and emphasis, that there "shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment "f crime, whereof the party Bhall have been duly convicted." And they further ordained and declared that this law should hi- considered a compact between the original states and the people and states of said territory, and for ever remain unalterable, unless by common consent. The ordinance was agreed to unanimously. Virginia, in reaffirming her cession "f the territory, ratified it, and the first Congress held under the constitution solemnly renewed and confirmed it. In pursuance of this ordinance, the several territorial gov- ernments successively established in the northwest territory were organized with a prohibition of the introduction of slavery, and in due time, though at BUCCe88ive periods, Ohio, Indiana, Illinois, Michigan, and Wisconsin, states erected within that ter- ritory, have come into tin- Onion with constitutions in their hands for ever prohibiting slavery and involuntary servitude, ept for the punishment of crime. They are yet young; but, nevertheless, who has ever Been elsewhere such state- as they are! There are gathered the young, the vigorous, the active, the enlightened sons of every state, the flower and choice of every state in this broad Onion; and there the emigrant for conscience' Bake, and for freedom's -.ike. from every land in Europe, from proud ami all-conquering Britain, from heart-broken Ireland, from sunny h.dy. from mercurial France, from spiritual Germany, from chivalrous Hungary, and from honest and brave FREEDOM AND PUBLIC FAITH. 355 old Sweden and Norway. Thence are already coming ample supplies of corn and wheat and wine for the manufacturers of the East, for the planters of the tropics, and even for the arti- sans and the armies of Europe ; and thence will continue to come in long- succession, as they have already begun to come, states- men and legislators for this continent. Thus it appears Mr. President, that it was the policy of our fathers, in regard to the original domain of the United States, to prevent the introduction of slavery, wherever it was practicable. This policy encountered greater difficulties when it came under consideration with a view to its establishment in regions not in- cluded within our original domain. While slavery had been ac- tually abolished already, by some of the emancipating states, several of them, owing to a great change in the relative value of the productions of slave labor, had fallen off into the class of non-emancipating states ; and now the whole family of states was divided and classified as slaveholding or slave states, and non-slaveholding or free states. A rivalry for political ascen- dency was soon developed ; and, besides the motives of interest and philanthropy which had before existed, there was now on each side a desire to increase, from among the candidates for admission into the Union, the number of states in their respec- tive classes, and so their relative weight and influence in the federal councils. The country which had been acquired from France was, in 1804, organized in two territories, one of which, including New Orleans as its capital, was called Orleans, and the other, having St. Louis for its chief town, was called Louisiana. In 1812, the territory of Orleans was admitted as a new state, under the name of Louisiana. It had been an old slaveholding colony of France, and the prevention of slavery within it would have been a sim- ple act of abolition. At the same time, the territory of Louisi- ana, by authority of Congress, took the name of Missouri; and, in 1819, the portion thereof which now constitutes the state of Arkansas was detached, and became a territory, under that name. In 1819, Missouri, which was then but thinly peopled, and had an inconsiderable number of slaves, applied for admis- sion into the Union, and her application brought the question of extending the policy of the ordinance of 1787 to that state, and 350 SPEECHES IN THE UNITED STATES BENATB. to other new states in the region acquired from France, to a direct issue. The house of representatives insisted on a pro- hibition against the further introduction of slavery in the state, as a condition of her admission. The senate disagreed with the house in that demand. The non-slaveholding states sustained the house, and the slaveholding states sustained the senate. The difference was radical, and tended toward revolution. One party maintained that the condition demanded was con- stitutional, the other that it was unconstitutional. The public mind became intensely excited, and painful apprehensions of dis- union.and civil war began to prevail in the country. In this crisis, a majority of both houses agreed upon a plan for the adjustment of the controversy. By this plan, Maine, a non- slaveholding state, was to he admitted; Missouri was to he ad- milted without submitting to the condition before mentioned; and in all that pari of the territory acquired from Prance, which was north of the line of of north latitude, slavery was to he forever prohibited. Louisiana, which was a part of that terri- tory, had been admitted a.- a Blave Btate eight years before; and now, n"t only was Missouri to be admitted as a Blave state, hut. Arkansas, which was Bouth of that line, by Btrong implication, was also to be admitted a- a shareholding >tate. 1 need not in- dicate what were the equivalents which the respective parties were to receive in this ai 1 an- vmeiit , tint her 1 1 mil to say that the Blaveholdin practically were to laveholding atat the free Btatea to receive a desert, a Bolitude, in which they might if they could, plant the germs of future fro.- Btates. This m< ure was adopted. It was a great national transaction— the first of a classof transactions which have Brace come to he thoroughly defined and well understood, under the name of compromi My own opiuionS concerning them are well known, and are not in question here. According to the general understanding, they are marked by peculiar cireum tures, \ i/.. : .., of opinion upon some vital national ■a between the two houses of I b, which division is by mutual concef and ' lions, which the houses deem constitutional andju ;ondly, they are rendered necessary by impending calam- , results from the failure of legislation, and to I. THE MISSOURI COMPROMISE. 357 otherwise averted than by such mutual concessions, or sacri- fices. Thirdly, such concessions are mutual and equal, or are accept- ed as such, and so become conditions of the mutual arrangement. Fourthly, by this mutual exchange of conditions, the transac- tion takes on the nature and character of a contract, compact, or treaty, between the parties represented ; and so, according to well-settled principles of morality and public law, the statute which embodies it is understood, by those who uphold this sys- tem of legislation to be irrevocable and irrepealable, except by the mutual consent of both, or of all the parties concerned. Not indeed, that it is absolutely irrepealable, but that it can not be repealed without a violation of honor, justice, and good faith, which it is presumed will not be committed. Such was the compromise of 1820. Missouri came into the Union immediately as a slaveholding state, and Arkansas came in as a slaveholding state, sixteen years afterward. Nebraska, the part of the territory reserved exclusively for free territories and free states, has remained a wilderness ever since. And now it is proposed here to abrogate, not, indeed, the whole compro- mise, but only that part of it which saved Nebraska as a free territory, to be afterward divided into non-slaveholding states, which should be admitted into the Union. And this is proposed, notwithstanding a universal acquiescence in the compromise, by both parties, for thirty years, and its confirmation, over and over again, by many acts of successive Congresses, and notwithstand- ing that the slaveholding states have peaceably enjoyed, ever since it was made, all their equivalents, while, owing to circum- stances which will hereafter appear, the non-slaveholding states have not practically enjoyed those guarantied to them. This is the question now before the senate of the United States of America. It is a question of transcendant importance. The proviso of 1820, to be abrogated in Nebraska, is the ordinance of the Con- tinental Congress of 1787, extended over a new part of the na- tional domain, acquired under our present constitution. It is rendered venerable by its antiquity, and sacred by the memory of that Congress, which in surrendering its trust, after establish- ing the ordinance, enjoined it upon posterity, always to remember 358 SPEECHES IX thi; UNITED states senate. that t lie cause of the United States was tlio cause of human na- ture. The question involves an issue of public faith, and national morality and honor. It will be a sad day for this republic, when such a question shall be deemed unworthy of grave discussion, and shall fail t<» excite intense interest. Even if it were certain that the inhibition of slavery in the region concerned was unne- cessary, and if the question were thus reduced to a mere abstrac- tion, yet even that abstraction would involve tin 1 testimony of the United States on the expediency, wisdom, molality, and justice, of the system of human bondage, with which this and other portions of the world have been so long afflicted ; and it will be a melancholy day for the republic and for mankind, when her decision on even rach an abstraction shall command no respect, and inspire no hope into the hearts of the oppressed. But it is no mh-Ii abstraction. It was no unnecessary dispute, no mere contest of blind passion, that brought that compromise into being. Slavery and Freedom were active antagonists, then seeking for ascendency in this Union. Both Slavery and Free- dom arc more vigorous, active, and self-aggrandizing now, than they were then, or ever wore before or since tliat period. The contesl between tliein ha- been only prof ract ed, n"t decided. It will be ;t -re.it feature inoiir national Hereafter. So the question of adhering to or abrogating this compromise is do un- meaning issue, ami no contesl of mere blind passion now. To adhere, i- to secure the occupation by freemen, with i'vr^ labor, of a region in the very centre of the continent, capable of sustaining, and in that event destined, though it may be only alter a far-distant period, to sustain ten, twenty, thirty, forty millions of people and their successive generations for ever ! To abrogate, is to resign all thai vast region to chances which mortal vision can Dot fully foresee ; perhaps to the sover- eignty of such Btinted and Bhort-lived communities as those of which Mexico and South America and the West India islands present as with example-; perhaps to convert that region into a scene of long and desolating conflicts between not merely races, but castes, to end, like a similar conflict in Egypt, in a convulsive exodus of the oppressed people, despoiling their supe- riors; perhaps, like one not dissimilar in Spain, in the forcible expulsion of the inferior race, exhausting the state by the snd- FREEDOM AND PUBLIC FAITH. 359 den and complete suppression of a great resource of national wealth and labor ; perhaps in the disastrous expulsion, even of the superior race itself, by a people too suddenly raised from slavery to liberty, as in St. Domingo. To adhere is to secure for ever the presence here, after some lapse of time, of two, four, ten, twenty, or more senators, and of representatives in larger proportions, to uphold the policy and interests of the non-slaveholding states, and balance that ever-increasing repre- sentation of slaveholding states, which past experience, and the decay of the Spanish-American states, admonish us has only just begun ; to save what the non-slaveholding states have in mints, navy-yards, the military academy and fortifications, to balance against the capital and federal institutions in the slave- holding states ; to save against any danger from adverse or hos- tile policy, the culture, the manufactures, and the commerce, as well as the just influence and weight of the national principles and sentiments of the slaveholding states. To adhere is to save to the non-slaveholding states, as well as to the slaveholding states, always, and in every event, a right of way and free com- munication across the continent, to and with the states on the Pacific coasts, and with the rising states on the islands in the South sea, and with all the eastern nations on the vast continent of Asia. To abrogate, on the contrary, is to commit all these precious interests to the chances and hazards of embarrassment and injury by legislation, under. the influence of social, political, and com- mercial jealousy and rivalry ; and in the event of the secession of the slaveholding states, which is so often threatened in their name, but I thank God without their authority, to give to a ser- vile population a La Vendee at the very sources of the Missis- sippi, and in the very recesses of the Rocky Mountains. Nor is this last a contingency against which a statesman, when engaged in giving a constitution for such a territory, so situated, must veil his eyes. It is a statesman's province and duty to look before as well as after. I know, indeed, the present loy- alty of the American people, North and South, and East and West. I know that it is a sentiment stronger than any sec- tional interest or ambition, and stronger than even the love of equality in the non-slaveholding states ; and stronger, I doubt ECHES IX THE UNITED STATES SENATE. not, than the love of slavery in the slaveholding Btates. But I do not know, and no mortal sagacity does know, the .-eductions interest and ambition, and the influences of passion, which are yet to he matured in every region. I know this, however — that this Union now, and that it will be safe so lone: as d political equality shall constitute the basis of society, ne, in even half of these states, and they shall thus maintain ;t holding Btati m well >n the other hand, that if hall multiply theme tend their sphere, so that tl srithout i ion with the non-slaveholdin lives a commercial republic, beir rule, h the executive, judi- cial, and legislate nment, will be will he hard for the non-slaveholding r; and their pride and ambition, since the; as of men, and by human p , will COI i no union in which they shall i The slaveholdii the months of the Mississippi, and their territory reaches far northward along its hank-, on one ( >bio, and on ih" other oven to the confluence of (he Missouri. They Btretch their dominion now from the banks of the Delaware, quite around hay, headland, and promontory, to the B ( I le. They will not stop, al- though tlu-v n<«\\ think they may, on the summit of the Sierra Neva la ; nay, their armed pioneers are already in Sonora, and their ei es are already fixed, never to be taken off, on the island of Cuba, the queen of the Antilles, [fwe of the non slavehold- in" Btates surrender to them now the eastern slope of the B kv Mountain-, and the vm Bources of the Mississippi, what territory will be Becure, what territory can be Becured hereafter, for the creation and organization of free states, within our oc< hound domain ? What territories on this continent will remain unappropriated and unoccupied, for us to annei I What terri- tories, even if we are able to buy or conquer them from Great Britain i Russia, will the slaveholding Btates suffer, much less ai>r i er labor or service, as aforesaid.' "Under this section, as in the case of the Mexican law in New Mexico and Utah, it is a disputed point whether slavery i< prohibited in the Nebras- ka country by valid enactment Tie- decision of this question involves the constitutional power i ess to pass law* prescribing and regulating the domestic institutions of the various territories of the Union. In the opinion of those eminent statesmen who hold thai - ; is invested with do rightful authority to legislate upon tl jecl of Blavery in the terrtto- the -i_ r liih Bection of the act prepn the admission of Missouri is null and void; while the prevailing Bentiment in large portions of the Union Bustains the doctrine that the constitution of the United S - to every citizen an inalienable right to move into any of the territo- with his pro] r kind and description, and to hold and enjoy the same under the sanction of the law. Your committee do not leal themselves called upon to enter into t ; jion of these controverted stions. They involve the which produced the agil i- tion, the sectional and the fearful struggle of 181 • ]. • med it w ise and prudent to refrain from deciding the roatti rs in contro* rerey then, i ither by affirming or repealing the Mexican laws, or by an net \\ to be abrogated. And now, sir. what do we nex! hear from this committee I First, two similar and kindred bills, actually abro- gating the Missouri Compromise, which, in their report, they had told u> ought not t<> be abrogated at all. Secondly, these lulls lare on their face, in substance, that thai compromise was already abrogated by the spirit of that ve*ry compromise of L850, which, in their report they bad just Bhown as, lefl the compro- mise of l^". 1 ' 1 absolutely unaffected and unimpaired. Thirdly, the committee favor as, by their chairman, with an oral explana- tion, thai the amended bills abrogating the Missouri Compro- mise are identical with their previous bill, which did not al gcitr it. and arc only made t<> differ in phraseology, t<« the end FREEDOM AND PUBLIC FAITH. 863 that the provisions contained in their previous, and now discarded, bill, shall be absolutely clear and certain. I entertain great respect for the committee itself, but I must take leave to say that the inconsistencies and self-contradictions contained in the papers it has given us, have destroyed all claims, on the part of those documents, to respect, here or else- where. The recital of the effect of the compromise of 1850, upon the compromise of 1820, as finally revised, corrected, and amended, here in the face of the senate, means after all substantially what that recital meant as it stood before it was perfected, or else it means nothing tangible or worthy of consideration at all. What if the spirit, or even the letter, of the compromise laws of 1850 did conflict with the compromise of 1820 ? The compromise of 1820 was, by its very nature, a compromise irrepealable and un- changeable, without, a violation of honor, justice, and good faith. The compromise of 1850, if it impaired the previous compromise to the extent of the loss to free labor of one acre of the territory of Nebraska, was either absolutely void, or ought, in all subse- quent legislation, to be deemed and held void. What if the spirit or the letter of the compromise was a vio- lation of the compromise of 1S20 1 Then, inasmuch as the com- promise of 1820 was inviolable, the attempted violation of it shows that the so-called compromise of 1850 was to that extent not a compromise at all, but a factitious, spurious, and pretended compromise. What if the letter or the spirit of the compromise of 1850 did supersede or impair, or in any way, in any degree, conflict with the compromise of 1820 1 Then that is a reason for abrogating, not the irrepealable and inviolable compromise of 1820, but the spurious and pretended compromise of 1850 Mr. President, why is this reason for the proposed abrogation of the compromise of 1820 assigned in these bills at alii It is unnecessary. The assignment of a reason adds nothing to the force or weight of the abrogation itself. Either the fact alleged as a reason is true or it is not true. If it be untrue, your asser- ting it here will not make it true. If it be true, it is apparent in the text of the law of 1850, without the aid of legislative ex- position now. It is unusual. It is unparliamentary. The lan- guage of the lawgiver, whether the sovereign be democratic, 864 SPEECHES IN THE UNITED STATES BENATE. republican, or despotic, is always the same. It is mandatory, imperative. If the lawgiver explains at all in a statute the reason for it, the reason is that it is his pleasure — sic roh, sic jitbeo. Look at the compromise of 1820. Does it plead an ex- cuse for its commands I Look at the compromise of 1*50, drawn by tin- master-hand of our American Chatham. Does that be- Bpeak your Favor by a quibbling or shuffling apology I Look at your own, now rejected, first Nebraska bill, which, by conclusive implication, saved the effect of the Missouri Compromise. Look ai any other bill ever reported by the committee on territori< Look ai any other bill now on your calendar. Examine all the laws "ii your statute-books. 1 > • you find any one hill or statute which ever came bowing, Btooping, and wriggling into the Ben- ate, pleading an excuse for it- clear and explicit declaration of the sovereign and irresistible will of the American people I The departure from this habit in this solitary case betrays seli'-dis- trust, and an attempt on the part of the bill to divert the public nti. >u, to 'raise complex and immaterial issues, to perplex and bewilder and confound the people by whom this transaction is to be reviewed. 1 sin at the vacillation betrayed in the frequenl changes of the structure of thi> apology. At first the recital told u-> that the eightli Bection of the compromise ad of L820 was superseded by the principles of the compromise laws f i . . . ie had ever heard of ■ supersedeas of one local law by the mere />■ of another local law, enacted for an altogether different region, thirty years afterward. < Mi another day we were told, by an amendment of the recital, that the compromise of 1820 was not superseded by the compromise of L850 at all, hut was only u . inconsistent with" it — as if a local act which was irrepealable was now to be abrogated, because it was inconsistent with a subsequent enactment, which had no application whatever within the region to which the first enactment was confined. < Mi a third day the meaning of the recital was further and finally elucidated by an amend- ment, which declare. I that the first irrepealable act protecting Nebraska from shivery was now declared "inoperative and void," because it was inconsistent with the present purposes of i . - not to legislate Blavery into any territory or state, nor to exclude it therefrom. THE MISSOURI COMPROMISE. 865 But take this apology in whatever form it may be expressed, and test its logic by a simple process. The law of 1S20 secured free institutions in the regions ac- quired from France in 1S03, by the wise and prudent foresight of the Congress of the United States. The law of 1850, on the contrary, committed the choice between free and slave institu- tions in New Mexico and Utah — territories acquired from Mex- ico nearly fifty years afterward — to the interested cupidity or the caprice of their earliest and accidental occupants. Free in- stitutions and slave institutions are equal, but the interested cupidity of the pioneer is a wiser arbiter, and his judgment a surer safeguard, than the collective wisdom of the American people and the most solemn and time-honored statute of the American Congress. Therefore, let the law of freedom in the territory acquired from France be now annulled and abrogated, and let the fortunes and fate of freedom and slavery, in the re- gion acquired from France, be, henceforward and for ever, deter- mined by the votes of some seven hundred camp followers around Fort Leavenworth, and the still smaller number of trappers, government school-masters, and mechanics, who attend the In- dians in their seasons of rest from hunting in the passes of the Rocky mountains. Sir, this syllogism may satisfy you and other senators ; but as for me, I must be content to adhere to the ear- lier system. Stare super antiquas vias. There is yet another difficulty in this new theory. Let it be granted that, in order to carry out a new principle recently adopted in New Mexico, you can supplant a compromise in Nebraska, yet there is a maxim of public law which forbids you from supplanting that compromise, and establishing a new sys- tem there, until you first restore the parties in interest there to their statu quo before the compromise to be supplanted was estab- lished. First, then, remand Missouri and Arkansas back to the unsettled condition, in regard to slavery, which they held before the compromise of 1820 was enacted, and then Ave will hear you talk of rescinding that compromise. You can not do this. You ought not to do it, if you could ; and because you can not and ought not to do it, you can not, without violating law, justice, equity, and hondr, abrogate the guarantee of freedom in Nebraska. 366 BPEE< HES IN THE UNITED STATES BENATE. There is still another and not loss serious difficulty. You call the slavery laws of lSf>0 a compromise between the Blavehold- i»g and non-slaveholding states. For the purposes of this argu- ment, let ir be granted that they were such a compromise. It was nevertheless a compromise concerning slavery in the terri- tories acquired from Mexico, and by the letter of the compromise it extended no further. Can you now, by an aet which is nol a promise between the Bame parties, but a mere ordinary law, extent! the force and obligation of the principles of that compro- • of L850 into regions not only excluded from it, but al lutely protected from your intervention there by a Bolemn com- promise of thirty ye.-.rs' duration, and invested with a sanctity scarcely inferior to that which hallows the constitution itself? Can the compromise of L850, by a mere ordinary act of legis- lation, be extended beyond the plain, known, fixed intent and im lerstau ling of the parties at the time that contract Mas made, and yet be binding <»n the parties to it, not merely legally, )>ut in honor and conscience I Can \ "it abrogate a compromise by passing qny law of less dignity than a compromise? If so, of whal value is any one or the whole of the compromises I Thus ills violate both of the compromises — not that of 1820 than that of 1850. AYill yon maintain m argument that it was anderst I by the parties interested throughout the country, or l>v either of them, or by any representative of either, in either house of Congress, that the principle then established Bhould extend beyond the limits ofthi ries acquired from Mexico, into the territories acquired nearlj fifty years before, from France, and then re- in g under the guaranty of the compromise of 1820 ! 1 know not how senators maj vote, but I do know what they will say, 1 appeal to the honorable Benator from Michigan [Mr. Cass], than whom none performed a more distinguished part in estab- lishing the compromise of l s -~>M iliii !■ of the Union ! Never I M Thi n prove that I »'\ er departed from that doctrine Be would sneak away, and slink away, or hire a i j < the non- Blaveholding ?were: 1st, the ad I iia; 2d, a of the public slave-trade in the I>i • ' rai- se, and these only, were the boons offered t>- them, THE MISSOURI COMPROMISE. 369 and the only sacrifices which the shareholding states were re- quired to make. The waiver of the Wilmot proviso in the incorporation of New Mexico and Utah, and a new fugitive slave law, were the only boons proposed to the slaveholding states, and the only sacrifices exacted of the non-slaveholding states. No other questions between them were agitated, except those which were involved in the gain or loss of more or less of free territory or of slave territory in the determination of the bound- ary between Texas and New Mexico, by a line that was at last arbitrarily made, expressly saving, even in those territories, to the respective parties, their respective shares of free soil and slave soil, according to the articles of annexation of the republic of Texas. Again : There were alleged to be five open, bleed- ing wounds in the federal system, and no more, which needed surgery, and to which the compromise of 1850 was to' be a cata- plasm. We all know what they were : California without a constitution ; New Mexico in the grasp of military power ; Utah neglected ; the District of Columbia dishonored ; and the rendi- tion of fugitives denied. Nebraska was not even thought of in this catalogue of national ills. And now, sir, did the Nashville convention of secessionists understand that, besides the enumera- ted boons offered to the slaveholding states, they were to have also the obliteration of the Missouri compromise line of 1820 1 If they did, why did they reject and scorn and scout at the compromise of 1850 I Did the legislatures and public assemblies of the non- slaveholding states, who made your table groan with their re- monstrances, understand that Nebraska was an additional wound to be healed by the compromise of 1850 ] If they did, why did they omit to remonstrate against the healing of that, too, as well as of the other five, by the cataplasm, the application of which they resisted so long 1 Again : Had it been then known that the Missouri compromise was to be abolished, directly or indirectly, by the compromise of 1850, what representative from a non-slaveholding state would, at that day, have voted for it ? Not one. What senator from a slaveholding state would not have voted for it % Not one. So entirely was it then unthought of that the new compromise was to repeal the Missouri compromise line of 36° 30' in the region acquired from France, that one half of that long debate was 16* 370 SPEECHES IX THE UNITED STATES SENATE. spent .hi propositions made by representatives from Blaveholding Btates, to extend the line farther on through the new territory had acquired so recently from Mexico, until it should disap- pear in the waves of the Pacific ocean, so as to secure actual toleration of slavery in all of this new territory that should be south of that line ; and these propositions were resisted strenu- ously and successfully to the last by the representatives of the non-slaveholdin . in order, it' it were possible, to save the whole of th -us for the theatre of free labor. I admit that th< only negative proofs, although they art pregnant with conviction. Hut here is <>n«' which is not only affirmative, '"it positive, and not more positive than conclu- BV e : — Iii the fifth section of the I mndary bill, one of the acts constituting the compromia >0, are these words: — " ]'i ■ i lint nothing herein contained shall he o to impair or qualify anything contained in the third article of the second section of 111-- j"int resolution '■ the United States, appi-owd !i i, l-i:.. either as regards the number thai may hereafter be formed <'Ut of the si What was that third article of the Becond Bection «•{' tin- joint lution for annexing i li .<• it ig-« — ;■ in number, in addition having sufficient population, may hereafter, by the rmed out "i the territory thereof, whirl) -hail be entitled to admission under the provisions ol bitution. And such i may be formed out of that porl id territory lying south rth latitude, commonly known ns the Missouri compromise shall bo admitted into the CTnion with or without . as the people of dog admission may desire. And in such state or st hall be formed oti rritory north of said Missouri compron ry or involuntary - rime) -hall be prohibited." This article" Baved tin' compromise "t" l s- J<», in - terms, overcoming any implication <>t' it> abrogation, which might, by • lent or otherwise, bave crept into the compromise "i l s ."><>; ami any inferences t-> that effect, that might be drawn from any Buch circumstance a- that of drawing the boundary line <•!" Utah - to trespass on the territory of Nebraska, dwelt upon hy the senator from Illinois. The proposition to abrogate the Missouri compromise, being NEBRASKA AND KANSAS. 371 tlms stripped of the pretence that it is only a reiteration or a re- affirmation of a similar abrogation in the compromise of 1850, or a necessary consequence of that measure, stands before us now upon its own merits, whatever they may be. But here the senator from Illinois challenges the assailants of these bills, on the ground that they all were opponents of the compromise of 1850, and even of that of 1820. Sir, it is not my purpose to answer in person to this challenge. The necessity, reasonableness, justice, and wisdom of those compromises, are not in question here now. My own opinions on them were, at a proper time, fully made known. I abide the judgment of my country and mankind upon them. For the present, I meet the committee who have brought this measure forward, on the field they themselves have chosen, and the controversy is reduced to two questions : 1st. Whether, by letter or spirit, the compromise of 1850 abrogated or involved a future abrogation of the com- promise of 1820 ? 2d. Whether this abrogation ca7i now be made consistently with honor, justice, and good faith ? As to my right, or that of any other senator, to enter these lists, the credentials filed in the secretary's office settle that question. Mine bear a seal, as broad and as firmly fixed there as any other, by a people as wise, as free, and as great, as any one of all the thirty-one republics represented here. But I will take leave to say, that an argument merely ad 'personam, seldom amounts to anything more than an argu- ment ad captandum. A life of approval of compromises, and of devotion to them, only enhances the obligation faithfully to fulfil them. A life of disapprobation of the policy of compromises only renders one more earnest in exacting fulfilment of them, when good and cherished interests are secured by them. Thus much for the report and the bills of the committee, and for the positions of the parties in this debate. A measure so bold, so unlooked-for, so startling, and yet so pregnant as this, should have some plea of necessity. Is there any such neces- sity 1 On the contrary, it is not necessary now, even if it be altogether wise, to establish territorial governments in Nebraska. Not less than eighteen tribes of Indians occupy that vast tract, fourteen of which, I am informed, have been removed there by our own act, and invested with a fee simple to enjoy a secure 372 BPEECfiES IX THE UNITED STATES BEN ^TE. and perpetual homo, safe from the intrusion and the annoyance, and even from the presence of the white man, and under the paternal care of the government, and with the instruction of its teachers and mechanics, to acquire the arts of civilization and the habits of social life. I will not Bay that this was done to prevent that territory, because denied to slavery, from being occupied by free white men, and cultivated with i'voo white Labor; but 1 will Bay, that this removal of the [ndiana there, under such guaranties, has had that effect. Che territory be occupied now, any more than heretofore, by Bavages and white men, with or without Blave ther. Our experience and our [ndian policy alike re ill dispute from this point. Either these pr< in to the [nd hereafter, or the Indians, whatever temporary resi : nst removal they may make, must retire. Where shall t a bring them back •■■ across the Mississippi I There i- no room for Indians 1 ■ Will you send them north* I your territory of Ne- ard the Brl ' I ' ly occ ipied by [ni ians ; there is no ro< m I Will y m turn them !■ and X' ••"• 1 > tin 'Will you drive thei Chey will meet a tide of imi g into California from Eui then, shall they, the dispos- ,m1, unpitied h< >ntinent, go I The answeT nowhere. what i your charters ? < >f v. npromise in Nebraska, in thai case I Whom doth it oppress '. No one. Who. indeed, demands territorial organization in Nebrasl all. The I So. It is to them the consummation of n long-apprehended doom. Practically, no one demands it. 1 am told that the whole white population, Bcattered here and there throughout those broad regioi eding in extent whole of the inhabited part of the United States at the time the Revolution, is less than fifteen hundred, and that these are chiefly trappei , and a few mechanics and agents employed by the government, in connection with the adminis- i ii of [ndian ind other persons temporarily drawn around the post of Fort Leavenworth. It i> clear, then, that FREEDOM AND PUBLIC FAITH. 373 this abrogation of the Missouri compromise is not necessnry for the purpose of establishing territorial governments in Nebraska, but that, on the contrary, these bills, establishing such govern- ments, are only a vehicle for carrying, or a pretext for carrying, that act of abrogation. It is alleged that the non-slaveholding states have forfeited their rights in Nebraska, under the Missouri compromise, by first breaking that compromise themselves. The argument is, that the Missouri compromise line of 36° 30', in the region acquired from France, although confined to that region which was our western- most possession, Avas, nevertheless, understood as intended to be prospectively applied also to the territory reaching thence west- ward to the Pacific ocean, which we should afterward acquire from Mexico ; and that when afterward, having acquired these territories, including California, New Mexico, and Utah, we were engaged in 1848 in extending governments over them, the free states refused to extend that line, on a proposition to that effect made by the honorable senator from Illinois. It need only be stated, in refutation of this argument, that the Missouri compromise law, like any other statute, was limited by the extent of the subject of which it treated. This subject was the territory of Louisiana, acquired from France, whether the same were more or less, then in our lawful and peaceful possession. The length of the line of 36° SO 7 established by the Missouri compromise, was the distance between the parallels of longitude which were the borders of that possession. Young America — I mean aggrandizing, conquering America — had not yet been born ; nor was the statesman then in being avIio dreamed that, within thirty years afterward, we should have pushed our adventurous way, not only across the Rocky mountains, but also across the Snowy mountains. Nor did any one then imagine, that, even if we should have done so within the period I have named, we Avere then prospectively carving up and di\nding, not only the mountain-passes, but the Mexican empire on the Pacific coast, between Freedom and Slavery. If such a proposition had been made then, and persisted in, we knoAv enough of the temper of 1820 to knoAv this, viz. : that Missouri and Arkansas would have stood outside of the Union until even this porten- tous day 374 SPEECHES IN Till! UNITED STATE* SENATE. The time, for aught 1 know, may not be thirty years distant* when the convulsions of the Celestial empire and the decline of British sway in India will have opened our way into the regions beyond the Pacific ocean. I desire to know now, and be fully certified, of the geographical extent of the laws we are now pass- ing, so that there may be no Buch mistake hereafter as that now coihplained of here. We are now confiding to territorial legis- latures the power to legislate on slavery. Are the territories of Nebraska and Kansas alone within the purview of these acts I Or do they reach to the Pacific coast, and embrace bIbo Oregon and Washington? I >o they stop there, or do they take in China, and India, and Afghanistan, even to the gigantic base of the Himalaya mountain-.' Do they stop there, or, on the contrary, do they encircle the earth, and, meeting us again on the Atlanti* , embrace the islands of Ireland and Green- land, and exhaust themselves on the barren coasts of Greenland and [Labrador '. Sir. it* the Missouri compromise neither is in its spirit nor by letter extended to the line of 36 30 beyond the confines of Louisiana, or beyond the then confines of the United States — for the terms i re equivalent - -then it was no violation of the Missouri compromise in l s l^ to refuse to extend it to the sequently-acquired po - of Texa X« w -Mexico, and ( Salifornia. But suppose we did refuse to extend it ; how did that refusal work a forfeiture of our vested rights under it I 1 de-ire to know that. mi: It this forfeiture of Nebraska occurred in 1846, as the Senator charges, bom does it happen that he not only failed in L850, when the parties were in court here, adjusting their mutual claims, to demand judgment against the free Btates, hut, on the contrary, even urged that the same old Missouri compro- mise line, yet held valid ami Bacred, should he extended through to th.- Pacific ocean I 1 come now to the chief ground of the defence of this extra- ordinary measure, which is, thai it abolishes a geographical line «.f division between the proper fields of free labor and slave labor, and refers the claim between them to the people of the territories. Even if this great change of policy was actually wise and n MISSOURI COMPROMISE. 375 saiy, I have shown that it is not necessary to make it now, in regard to the territory of Nebraska. If it would be just else- where, it would be unjust in regard to Nebraska, simply because, for ample and adequate equivalents, fully received, you have contracted in effect not to abolish that line there. But why is this change of policy wise or necessary ? It must be because either that the extension of slavery is no evil, or that you have not the power to prevent it at all, or because the maintenance of a geographical line is no longer practicable. I know that the opinion is sometimes advanced, here and elsewhere, that the extension of slavery, abstractly considered, is not an evil; but our laws prohibiting the African slave-trade are still standing on the statute-book, and express the contrary judgment of .the American Congress and of the American peo- ple. I pass on, therefore, from that point. Sir, I do not like, more than others, a geographical line be- tween Freedom and Slavery. But it is because I would have, if it were possible, all our territory free. Since that can not be, a line, of division is indispensable ; and any line is a geograph- ical line. The honorable and very acute senator from North Carolina [Mr. Badger] has wooed us most persuasively to waive our objec- tions to the new principle, as it is called, of non-intervention, by assuring us that the slaveholder can only use slave-labor where the soils and climates favor the culture of tobacco, cotton, rice, and sugar. To which I reply : None of these find congenial soils or climates at the sources of the Mississippi, or in the val- ley of the Rocky mountains. Why, then, does he want to remove the inhibition there 1 But again : That senator reproduces a pleasing fiction of the character of slavery from the Jewish history, and asks, Why not allow the modern patriarchs to go into new regions with their slaves, as their ancient prototypes did, to make them more com- fortable and happy ? And he tells us, at the same time, that this indulgence will not increase the number of slaves. I reply by asking, first, Whether slavery has gained or lost strength by the diffusion of it over a larger surface than it formerly covered 1 Will the senator answer that 1 Secondly, I admire the sim- plicity of the patriarchal times. But they, nevertheless, exhib- 876 SPEECHES IN THE UNITED STATES SENATE. ited some peculiar institutions quite incongruous with modern republicanism, not to say Christianity, namely, that of a latitude of construction of the marriage contract, which has been carried by one class of so-called patriarchs into Utah. Certainly, no one would desire to extend that peculiar institution into Nebraska. Thirdly, slaveholders have also a peculiar institution, which makes them political patriarchs. They reckon five of their slaves as equal to three freemen in forming the basis of federal representation. If these patriarchs insist upon carrying their itution into new regions, north ol 30', 1 respectfully submit, that thi il to resume the mo Jewish prei ttd relinquish this political feature "f the system they thus seek to extend. "Will they revive and offer them dow as a reason for refusing t<> the rion- Blaveholdii ts under that compromise, without ■ restori equivalents which they received on condition urrendering their constitutional obji For argument's bowever, h't this reply be waived, and lei us look at this constitutional objection. Von say that the exclusion of slavery by the Missouri compromise reaches through :ind beyond the existence of the region organized as a territory, and prohibits slavery i"!: i.yi i: even in tin- Btates to lie organ- i sed out of such territory, while, on the contrary, the stntes. when admitted, will be sovereign, and must have exclusive jurisdiction over slavery for themselves. Let thi-. to... be granted. But Congress, acording t.> the constitution, "may admit newstat< It' Congress may admit, then Congress may also refuse to ad- mit — ■ that is to say, may reject now Btates. The greater includes the less; therefore, Congress may admit, on condition that the Btates shall exclude slavery. It such a condition should he accepted, would it nut be binding \ NEBRASKA AND KANSAS. 877 It is by no means necessary, on this occasion, to follow the argument further, to the question, whether such a condition is in conflict with the constitutional provision, that the new states re- ceived shall be admitted on an equal footing with the original states, because, in this case, and at present, the question relates not to the admission of a State, but to the organization of a ter- ritory, and the exclusion of slavery within the territory while its status as a territory shall continue, and no further. Congress have power to exclude slavery in territories, if they have any power to create, control, or govern territories at all, for this sim- ple reason : that find the authority of Congress over the territo- ries wherever you may, there you find no exception from that general authority in favor of slavery. If Congress has no au- thority over slavery in the territories, it has none in the District of Columbia. If, then, you abolish a law of Freedom in Nebras- ka, in order to establish a new policy of abnegation, then true consistency requires that you shall also abolish the slavery laws in the District of Columbia, and submit the question of the toler- ation of slavery within the district to its inhabitants. If you reply, that the District of Columbia has no local or ter- ritorial legislature, then I rejoin, so also has not Nebraska, and so also has not Kansas. You are calling a territorial legislature into existence in Nebraska, and another in Kansas, to assume the jurisdiction on the subject of slavery, which you renounce. Then consistency demands that you call into existence a territo- rial legislature in the District of Columbia, to assume the juris- diction here, which you must also renounce. Will you do this ? We shall see. To come closer to the question : What is this principle of ab- negating national authority, on the subject of slavery, in favor of the people ? Do you abnegate all authority, whatever, in the territories 1 Not at all ; you abnegate only authority over slavery there. Do you abnegate even that ? No ; you do not and you can not. In the very act of abnegating you legislate, and enact that the states to be hereafter organized shall come in whether slave or free, as their inhabitants shall choose. Is not this legislating not only on the subject of slavery in the territories, but on the subject of slavery in the future states ? In the very act of abnegating, you call into being a legislature 378 SPEECHES IX THE UNITED STATES SENATE. which shall assume the authority which you are renouncing. You not only exercise authority in that act, but you exercise authority over slavery, when you confer on the territorial legislature the power to act upon that subject. More than this: In the very act of calling- that territorial legislature into jtence, you authority in prescribing who may elect and wh«» may be elected. You even re-owe to yourselves a veto upon every act that they can | a legislative body, not only on all other subjects, but even on the subject of slavery itself. Nor <-:iii y< a relinquish that veto; for it is absurd to say that you can create an agent, and depute to him the Legislative authority of the I ! fttes, which agent you can not at your own pleasure remove, and whose acts you can n< or own pleasure disavow and repudiate. The territorial legislature is your agent 1:- acts are your own. Such is the principle that i^ to supplant the i policy — a principle full of absurdities anil contradiction J. n : \ ou claim that this policy of abnegation is based upon a democratic principle. A democratic principle i- a principle opposed t<. some other that is despotic or aristocratic, 1 ou claim ;U1(I . ,. the power to institute and maintain government in the territories. La this comprehensive power aristocratic or despotic 1 li it be no is the partial power aristocratic or despotic { Xou retain author ippoinl governors, withoul whose consent no law- • made on any subject, and judj without whose consideration no laws can be executed, ami you retain the pow< tange them at pleasure. Are these pow- ers, also, aristocratic or despotic ' IT they are not, then the exercise of legislative power by yourselves is not. If they are, then why not renounce them also 1 No, do. This i> a far-fetched rose, nomocracy is a Bimple, uniform, logical system, nol a em of arbitrary, contradictory, and conflicting principles! Bui you must nevertheless renounce national authority ove very in the territories, while yon retain all other powers. What is this bm a mere evasion of solemn responsibilities 1 The gen- I authority • I ■ over the territories is one wisely con- ed to the national legislature, to save young and growing communities from the dangers which beset them in their ipil ge, ami to prevent them from adopting any policy thm" FREEDOM AND PUBLIC FAITH. 379 shall be at war with their own lasting interests, or with the gen- eral welfare of the whole republic. The authority over the sub- ject of slavery is that which ought to be renounced last of all, in favor of territorial legislatures, because, from the very circum- stances of the territories, those legislatures are likely to yield too readily to ephemeral influences, and interested offers of fa- vor and patronage. They see neither the great Future of the territories, nor the comprehensive and ultimate interests of the whole republic, as clearly as you see them, or ought to see them. I have heard sectional excuses given for supporting this measure. I have heard senators from the slaveholding states say that they ought not to be expected to stand by the non- slaveholding states, when they refuse to stand by themselves ; that they ought not to be expected to refuse the boon offered to the slaveholding states, since it is offered by the non-slavehold- ing states themselves. I not only confess the plausibility of these excuses, but I feel the justice of the reproach which they imply against the non-slaveholding states, as far as the assump- tion is true. Nevertheless, senators from the slaveholding states must consider well whether that assumption, is, in any consider- able degree, founded in fact. If one or more senators from the North decline to stand by the non-slaveholding states, or offer a boon in their name, others from that region do, nevertheless, stand firmly on their lights, and protest against the giving or the acceptance of the boon. It has been said that the North does not speak out, so as to enable you to decide between the conflicting voices of her representatives. Are you quite sure you have given her timely notice ? Have you not, on the con- trary, hurried this measure forward, to anticipate her awaking from the slumber of conscious security into which she has been lulled by your last compromise ! Have you not heard alread}^ the quick, sharp protest of the legislature of the smallest of the non-slaveholding states, Rhode Island ? Have you not already Heard the deep-toned and earnest protest of the greatest of those states, New York ] Have you not already heard remonstrances from the metropolis, and from the rural districts'? Do you doubt that this is only the rising of the agitation that you profess t«> believe is at rest for ever? Do you forget that, in all such transactions as these, the people have a reserved right to re- IX THE ONITED &1 .TE. view tl of their representatives, and a right bo demand a reconsideration ; that there is in our legislative practice a form of RE-ENACTMENT, as -well as an act of repeal; and that there is in our political system provision not only . . but for 3TORATK ' • 1 1 « I when thi _un, how many and what laws will be open to repeal, equally with the rri Com] I There will be this act, the fugitive the article - ; n, the territorial laws of 2 sico and Utah, the Blavery laws in the District of ia. the slaveholdin : You arc politician well Let me remin <■. that political movements in this country, as in all othei their times of on and reaction. The pendulum move I up the side <>f free- dom in L 840, and swung back again in 1844 on the Bide of slavery, traversed the dial in 1848, and touched even the mark of the Wilmol proviso, and returned again in I85&, reaching i the height of the Baltimore platform. Judge for your- selves whether il is cending, and whether it will attain the height of the abrogation of the Missouri compromise. That is the mark vou are fixing for it. For myself, I may claim to know something of the North. I Bee in the changes oi the times only tin' vibrations of the needle, trembling on its pivot. 1 know thai in due time it will settle; and when it shall have tied, it will point, as it must point for ever, to the Bame con- stant polar star, that Bheds down influences propitious to freedom as broadly as it pours forth its mellow but invigorating light. Mr. President, I have nothing to do, here or elsewhere, with personal or party motives. Bu1 l come to consider the motive which is publicly assigned for this transaction. It is a desire to are permanent peace and harmony on the Bubject of slav< by removing all occasion for its future agitation in the federal legislature. Was then- no! peace already here I Was there not harmony as perfect as is ever possible in the country, whe'n this measure was moved in the Benate a month ago I Were we . and was not the whole nation, grappling with that one great, common, universal interest, the opening of a communica- tion between our ocean frontiers, and were we not already reck* oning upon the quick and busy subjugation of nature throughout MISSOURI COMPROMISE. 881 the interior of the continent to the uses of man, and dwelling with almost rapturous enthusiasm on the prospective enlarge- ment of our commerce in the East, and of our political sway throughout the world ? And what have we now here but the oblivion of death, covering the very memory of those great enterprises, and prospects, and hopes 1 Senators from the non-slaveholding states : You want peace. Think well, I beseech you, before you yield the price now demanded, even for peace and rest from slavery agitation. France has got peace from republican agitation by a similar .sacrifice. So has Poland ; so has Hungary ; and so, at last, has Ireland. Is the peace which either of those nations enjoys worth the price it cost ? Is peace, obtained at such cost, ever a lasting peace ? Senators from the slaveholding states : You, too, suppose that you are securing peace as well as victory in this transaction. I tell you now, as I told you in 1850, that it is an error, an unne- cessary error, to suppose, that because you exclude slavery from these halls to-day, that it will not revisit them to-morrow. You buried the Wilmot proviso here then, and celebrated its obse- quies with pomp and revelry. And here it is again to-day, stalking through these halls, clad in complete steel as before. Even if those whom you denounce as factionists in the North would let it rest, you yourselves must evoke it from its grave. The reason is obvious. Say what you will, do what you will, here, the interests of the non-slaveholding states and of the slaveholding states remain just the same ; and they will remain just the same, until you shall cease to cherish and defend slavery, or we shall cease to honor and love freedom ! You will not cease to cherish slavery. Do you see any signs that we are becoming indifferent to freedom ? On the contrary, that old, traditional, hereditary sentiment of the North is more profound and more universal now than it ever was before. The slavery agitation you deprecate so much is an eternal struggle between Conservatism and Progress, between Truth and Error, between Eight and Wrong. You may sooner, by act of Congress, com- pel the sea to suppress its upheavings, and the round earth to extinguish its internal fires, than oblige the human mind to cease, its inquirings, and the human heart to desist from its throbbings. B82 SPEECHES IN' THE UNITED STATES SENATE. Suppose then, for a moment, that this agitation must go on hereafter as heretofore. Then, hereafter as heretofore, there Avill be need, on both sides, of moderation; and, to secure mod- eration, there will be need of mediation. Hitherto you have Becured moderation by means of compromises, by tendering which, the great mediator, now no more, divided the people of the North. But then those in the North who did not sympa- thize with von in your complaints of aggression from that quar- ter, as well as those who did, agreed that if compromises Bhould be effected, they would be chivalrously kept on your part. I cheerfully admit that they have been so kept until now. But hereafter, when having taken advantage, which in the North ■will lie called fraudulent, of the last of those compromises, to become, as von -will be called, th< ssors, by breaking the other, as will be alleged, in violation of plighted faith and honor, while the slavery agitation is rising higher than ever be- fore, and while ^onr ancient friends, and those whom yon persist in regarding as your enemies, shall have been driven together by a common and universal Bense of your injustice, whal new mode of restoring peace and harmony will you then propose 1 What statesman will there be in the South, then, who can bear the flag of truce I Wh man in the North who can mediate the accept ' your new proposals 1 1 think it will not be the Benator from Mir It, however, 1 err in all this, ht as suppose that yon succeed in suppressing political agitation of Blaverj in national affairs. v verthele don of slavery must g i in some form; for all the world around you is engaged in it. It is, then, high time for you to consider when- you may expect to meet it next. I much mistake it', in that case, you do not meet it there where we, who "nee were Blaveholding Btate , a- you now are, have met, and. happily for us. BUCCUmbed before it — namely, in the legislative halls, in the churches and Bchools, and at the fireside, within the BtateS themselves. It ifl an angel of mercy with which, Booner or later, every Blaveholding Btate must wrestle, and by which it must he overcome. Even if, by reason of ihis measure, it Bhould the sooner come t.» that point, and although 1 am sure that yon will not overcome freedom, but that freedom will overcome you, yei I do not !<»<>k even then for disastrous or NEBRASKA AND KANSAS. 383 • unhappy results. The institutions of our country are so framed, that the inevitable conflict of opinion on slavery, as on every other subject, can not be otherwise than peaceful in its course and beneficent in its termination. Nor shall I " bate one jot of heart or hope," in maintaining a just equilibrium of the non-slaveholding states, even if this ill- starred measure shall be adopted. The non-slaveholding states are teeming with an increase of freemen — educated, vigorous, enlightened, enterprising freemen — such freemen as neither Eng- land, nor Rome, nor even Athens, ever reared. Half a million of freemen from Europe annually augment that increase ; and ten years hence half a million, twenty years hence a million, of freemen from Asia will augment it still more. You may ob- struct, and so turn the direction of those peaceful armies away from Nebraska. So long as you shall leave them room on hill or prairie, by river-side or in the mountain-fastnesses, they will dispose of themselves peacefully and lawfully in the places you shall have left open to them ; and there they will erect new states upon free soil, to be for ever maintained and defended by free amis, and aggrandized by free labor. American slavery, I know, has a large and ever-flowing spring, but it can not pour forth its blackened tide in volumes like that I have described. If you are wise, these tides of freemen and of slaves will never meet, for they will not voluntarily commingle ; but if, neverthe- less, through your own erroneous policy, their repulsive currents must be directed against each other, so that they needs must meet, then it is easy to see, in that case, which of them will overcome the resistance of the other, and Avhich of them, thus overpow- ered, will roll back to drown the source which sent it forth. " Man proposes, and God disposes." You may legislate, and abrogate, and abnegate, as you will ; but there is a Superior Power that overrules all your actions, and all your refusals to act; and, I fondly hope and trust, overrules them to the ad- vancement of the happiness, greatness, and glory of our coun- try — that overrules, I know, not only all your actions, and all your refusals to act, but all human events, to the distant but inevitable result of the equal and universal liberty of all men. 384 SPEECHES IN THE UNITED STATES SENATE. NEBRASKA AND KANSAS. SECOND SPEECH. Mr. PRESIDENT: 1 rise with no purpose of further resisting or even delaying the passage of this bill. Let it- advocates have only s little patience, and they will soon reach the object for which they have struggled so earnestly and so Ion-. The sun has set for the lasl time upon the guarantied and certain liberties of all the unsettled and unorganized portions of the American continent that lie within the jurisdiction of the I m'ted States. To-morrow's ran will rise in dim eclipse over them* II iw long that obscuration shall last, is known only to the Power that directs and controls all human events. For myself, I know 01 ,ly this — that now do human power will prevent its coining on, and that its passing off will be hastened and secured by others than those now here, and perhaps I y only those belong- ing to future generations. Sir, it would be almost factious to offer further resistance fed this measure here. Indeed, successful resistance was never ex- pected to be made in this hall. The Benate floor is an old bat- tle-ground, on which have been fought many contests, and always, at least Bince 1820, with fortune adverse to the ca of equal and universal freedom. We were only a few here who i d in that cause in the beginning of this contest. All that ire could hope to do — all that wo did hope to do — was to or- ganize and to prepare tne issue, for the house of representati to whirl i the country would look for its decision as authoritative, and to awaken the country that it might be ready for the appeal which would be made, whatever the decision of Congress might be. A\ no stronger now. Only fourteen at the first, it * It will be remembered that an almost total eclipse of the sun actually :rred on that day — the 26th of May, 1854.— Ed. FREEDOM AND PUBLIC FAITH. 385 will be fortunate if, among the ills and accidents which surround us, we shall maintain that number to the end. TVe are on the eve of the consummation of a great national transaction — a transaction which will close a cycle in the history of our country — and it is impossible not to desire to pause a moment and survey the scene around us and the prospect be- fore us. However obscure we may individually be, our connec- tion with this great transaction will perpetuate our names for the praise or for the censure of future ages, and perhaps in re- gions far remote. If, then, we had no other motive for our ac- tions but that of an honest desire for a just fame, we could not be indifferent to that scene and that prospect. But individual interests and ambition sink into insignificance in view of the in- terests of our country and of mankind. These interests awaken, at least in me, an intense solicitude. It was said by some in the beginning, and it has been said by others later in this debate, that it was doubtful whether it would be the cause of slavery or the cause of freedom that would gain advantages from the passage of this bill. I do not find it neces- sary to be censorious, nor even unjust to others, in order that my own course may be approved. I am sure that the honora- ble senator from Illinois [Mr. Douglas] did not mean that the slave states should gain an advantage over the free states, for he disclaimed it when he introduced the bill. I believe, in all candor, that the honorable senator from Georgia [Mr. Toombs], who comes out at the close of the battle as one of the chiefest leaders of the victorious party, is sincere in declaring his own opinion that the slave states will gain no unjust advantage over the free states, because he disclaims it as a triumph in their be- half. Notwithstanding all this, however, what has occurred here and in the country, during this contest, has compelled a conviction that slavery will gain something, and freedom will endure a severe, though I hope not an irretrievable loss. The slaveholding states are passive, quiet, content, and satisfied with the prospective boon, and the free states are excited and alarmed with fearful forebodings and apprehensions. The impatience for the speedy passage of the bill manifested by its friends be- trays a knowledge that this is the condition of public sentiment in the free states. They thought in the beginning that it was 17 386 SPEECHES IX THE UNITED STATE> SENATE. necessary to guard the measure by inserting the Clayton amend- ment, which Mould exclude unnaturalized foreign inhabitants of the territories from the right of suffrage. And now they seem willing, with almost perfect unanimity, to relinquish that safe- guard, rather than to delay the adoption of the principal meas- ure for at most a year, perhaps for only a week or a day. Sup- pose that the senate should adhere to that condition, which so lately was thought so wise and bo important — what then ! The hill could only go back to the house of representatives, which must either yield or insist! In the one case or in the other, a decision in favor of the hill would he secured, for even if the house Bhould disagree, the senate would have time to recede. But the majority will hazard nothing, even nil a prospect so ci'r- tain as this. They \\iil recede at once, without a moment's far- ther struggle, from the condition, and thus secure the | of this bill, now to-night. Why such haste .' Even if the question were t<> go i>> tin- country before a final decision here, what would there h . in that? There is no man living who will say that the country anticipated, or that he anticipated, agi tation of this measure in Congress, when this Congress was elected, or even whi lembled in December last. 1 ] rv such circum I in tin- midst of agitation, and itement, and de il is only fair to say that certainly the country has not decided in favor of the bill. The refusal, then, t<> let the quee the country, is a conclusive proof that the -1.. ented I | ect from the passi of this hill what t! tates in-i-t that they will lose by it, an advantage, a material advantage, and not a mere abstraction. There arc men in the &lai in the free states, who in- sist always too pertinaciously apoi abstractions. But that ot the policy of 1 i to-day. They are in earnest in seeking tor and t, and an important one. 1 believe they ar< nave it. I do not know how long the advanl ined will last, nor how great or comprehensive it will be. E nator who with me in opinion must fee] ag i ,!,, — that under rach circumsl ho ran forego noth- ing th.it can be done decently, with due respect t<» - : ■■ of ion. and consistently with the constitutional and settled rules of legislation, to place the tun- merits of the question before the THE MISSOURI COMPROMISE. 387 country. Questions sometimes occur, which seem to have two right sides. Such were the questions that divided the English nation between Pitt and Fox — such the contest between the assailant and the defender of Quebec. The judgment of the world was suspended by its sympathies, and seemed ready to descend in favor of him who should be most gallant in conduct. And so, when both fell with equal chivalry on the same held, the survivors united in raising a common monument to the glori- ous but rival memories of Wolfe and Montcalm. But this con- test involves a moral question. The slave states so present it. They maintain that African slavery is not erroneous, not unjust, not inconsistent with the advancing cause of human nature. Since they so regard it, I do not expect to see statesmen repre- senting those states indifferent about a vindication of this system by the Congress of the United States. On the other hand, we of the free states regard slavery as erroneous, unjust, oppressive, and therefore absolutely inconsistent with the principles of the American constitution and government. Who will expect us to be indifferent to the decisions of the American people and of mankind on such an issue ? Again : there is suspended on the issue of this contest the po- litical equilibrium between the free and the slave states. It is no ephemeral question, no idle question, whether slavery shall go on increasing its influence over the central power here, or whether freedom shall gain the ascendency. I do not expect to see statesmen of the slave states indifferent on so momentous a question, and as little can it be expected that those of the free states will betray their own great cause. And now it remains for me to declare, in view of the decision of this controversy so near at hand, that I have seen nothing and heard nothing during its progress to change the opinions which at the earliest proper period I deliberately expressed. Certainly, I have not seen the evidence then promised, that the free states w T ould acquiesce in the measure. As certainly, too, I may say that I have not seen the fulfilment of the promise that the history of the last thirty years would be revised, corrected, and amended, and that it would then appear that the country, during all that period, had been resting in prosperity and contentment and peace, not upon a valid, constitutional, and irrevocable compromise be- 388 SPEECHES IN THE UNITED STATES SENATE. tween tlie slave states and the ,free states, hut upon an uncon- stitutional and false, and even infamous, act of congressional usurpation. On the contrary, I am now, if possible, more than ever satis- tied that, after all this debate, the history of the country will go down to posterity just as it stood before, carrying to them the everlasting facts that until 1820 the Congress of the United States legislated to prevent the introduction of slavery into new territories whenever that object was practicable; and that in that year they so far modified that policy, under alarming ap- prehensions of civil convulsion, by a constitutional enactment in the character of a compact, as to admit Missouri a new slave state ; but upon the express condition, stipulated in favor of the free states, thai slavery Bhould be for ever prohibited in all the residue of the existing and unorganized territory of the United States lying north of the parallel of 36 30 north latitude. Cer- tainly, 1 find nothing to win my favor toward the bill in the proposition of the Benator from Maryland [Mr. Pearce], to re- Btore the Clayton amendment, which was struck out in the house of representatives. So far from voting for thai proposition, I shall vote again8l it now, as 1 did when it was Under considera- tion here before, in accordance with the opinion adopted as early as any political opinions I ever had, and cherished as long, that the right of suffrage is not a mere conventional right, but an in- herent natural right, of which no government can rightly de- prive any adult man who is Bubject to its authority, and obligated to its support. 1 bold, moreover, sir, that inasmuch as every man is, by force of circumstances beyond his own control, a Bubject of govern- ment somewhere, he is, by the \ t ry constitution of human soci- ety, entitled to sh.-ue equally in the conferring of political power on those who wield it, if he is not disqualified by crime; that in a despotic government be ought to be allowed anus, in a free '•rnnient the ballot or the open vote, as a means of Belf-pro- tection against unendurable oppression. 1 am not likely, there- . to restore to this bill an amendment which would deprive it of an important feature imposed upon it by the house of repre- sentatives, and that one. perhaps, the only feature that harmo- nizes with my own convictions of justice. It is true that the NEBRASKA AND KANSAS. 389 house of representatives stipulate such suffrages for white men as a condition for opening it to the possible proscription and slavery of the African. I shall separate them. I shall vote for the former, and against the latter, glad to get universal suffrage of white men, if only that can be gained now, and working right on, full of hope and confidence, for the prevention or the abroga- tion of slavery in the territories hereafter. Sir, I am surprised at the pertinacity with which the honora- ble senator from Delaware, mine ancient and honorable friend [Mr. Clayton], perseveres in opposing the granting of the right of suffrage to the unnaturalized foreigner in the territories. Con- gress can not deny him that right. Here is the third article of that convention by which Louisiana, including Kansas and Nebraska, was ceded to the United States : — "The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted as soon as possible, according to the principles of the federal constitution, to the enjoyment of the rights, privi- leges, and immunities, of citizens of the United States; and in the mean- time they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion they profess." The inhabitants of Kansas and Nebraska are citizens already, and by force of this treaty must continue to be, and as such to enjoy the right of suffrage, whatever laws you may make to the contrary. My opinions are well known, to wit : That slavery is not only an evil, but a local one,, injurious and ultimately per- nicious to society, wherever it exists, and in conflict with the constitutional principles of society in this country. I am not willing to extend nor to permit the extension of that local evil into regions now free within our empire. I know that there are some who differ from me, and who regard the constitution of the United States as an instrument which sanctions slavery as well as freedom. But if I could admit a proposition so incon- gruous with the letter and spirit of the Federal Constitution, and the known sentiments of its illustrious founders, and so should conclude that slavery was national, I must still cherish the opin- ion that it is an evil ; and because it is a national one, I am the more firmly held and bound to prevent an increase of it, tending, as I think it manifestly does, to the weakening and ultimate overthrow of the constitution itself, and therefore to the injury 390 SPEECHES IN THE UNITED STATIN SENATE. of all mankind. I know there have been states which have en- dured long, and achieved much, which tolerated slavery ; but that was not the slavery of caste, like African slavery. Such slavery tends to demoralize equally the subjected race and the superior one. It has been the absence of such slavery from Europe that has given her nations their superiority over other countries in that hemisphere. Slavery, wherever it exists, begets fear, and fear is the parent of weakness. Whatis the Becret of that eternal, sleepless anxiety in the legislative halls, and even at the firesides, of the slave states, always asking new stipulations, new compro- mises and abrogations of compromises, new assumptions of power and abnegations of power, but fear I It is the apprehension that, even if safe now, they will not always or long be secure against some invasion or Bome - jaion from the tree Btates. V* bat is tin- Becrel of tin- humiliating pari which proud old Spain is acting at thi- day, trembling between alarms of American intru- sion into Cuba <>n <>nc side, and British dictation on the other, but the fad that she bas cherished slavery bo long, and still cherishes it. in th.- last of her American colonial possessions i Thus Far, Kansas and Nebraska are safe, under the laws of I s -.'". inst the introduction of this elemenl <•!* national debility and ;ino. 'I'lw hill before us, a- we are assured, contains a great principle, a glorious principle; and yei thai principle, when fully ascertained, proves to be nothing than the subversion of thai Becurity, not only within the territories "t Kansas and iraska, but within .-ill the other present and future new terri- ... of the I nited States. Tims it is quite clear thai it is not a principle alone that is involved, hut that those who crowd this sure with bo much zeal and earnestness, must expect that either freedom or slavery shall gain something by it in those re- n8t Ti • then, stands thus ' m Kansas and Nebraska: ,m may lose, bul certainly can gain nothing; while sla- very may gain, bul as certainly can lose nothing. go far as 1 am concerned, the time for looking on the dark side has passed. 1 feel quite sun- thai slavery a* mosl can get nothing more than Kansas: while Nebraska, the wider northern region, will, under existing circumstai cape, for the reason that it- Boil and climate are nncongenial with the staples "t Blave culture rice, sugar, cotton, and tobacco. Moreover, since the FREEDOM AND PUBLIC FAITH. 391 public attention has been so well and so effectually directed toward the subject, I cherish a hope that slavery may be pre- vented even from gaining a foothold in Kansas. Congress only gives consent, but it does not and can not introduce slavery there. Slavery will be embarrassed by its own over-grasping spirit. No one, I am sure, anticipates the possible re-establish- ment of the African slave trade. The tide of emigration to Kansas is therefore to be supplied there solely by the domestic fountain of slave production. But slavery has also other regions besides Kansas to be filled from that fountain. There are all of New Mexico and all of Utah already within the United States ; and then there is Cuba, that consumes slave labor and life as fast as any one of the slaveholding states can supply it ; and besides these regions, there remains all of Mexico down to the isthmus. The stream of slave labor flowing from so small a fountain, and broken into several divergent channels, will not cover so great a field ; and it is reasonably to be hoped that the part of it nearest to the north pole will be the last to be inunda- ted. But African slave emigration is to compete with free emi gration of white men, and the source of this latter tide is as ample as the civilization of the two entire continents. The hon- orable senator from Delaware mentioned, as if it were a start- ling fact, that twenty thousand European immigrants arrived in New York in one month. Sir, he has stated the fact with too much moderation. On my return to the capital, a day or two ago, I met twelve thousand of these immigrants who had arrived in New York on one morning, and who had thronged the churches on the following sabbath, to return thanks for de- liverance from the perils of the sea, and for their arrival in the land, not of slavery, but of liberty. I also thank God for their escape, and for their coming. They are now on their way west- ward, and the news of the passage of this bill, preceding them, will speed many of them toward Kansas and Nebraska. Such arrivals are not extraordinary — they occur almost every week ; and the immigration from Germany, from Great Britain, and from Norway, and from Sweden, during the European war, will rise to six or seven hundred thousand souls in a year. And with this tide is to be mingled one rapidly swelling from Asia and from the islands of the South seas. All the immigrants, 392 SPEECHES IN THE UNITED STATES SENATE. under this bill as the house of representatives overruling you have ordered, will be good, loyal, liberty-loving, slavery-fearing citizens. Come on, then, gentlemen of the slave states. Since there is no escaping your challenge, I accept it in behalf of the cause of freedom. We will engage in competition for the virgin soil of Kansas, and Grod give the victory to the side whieh is stronger in numbers as it is in right. There are, hoy rnest advoc this bill, who do not expect, and who, 'I suppose, do not desire, that slavery shall gain possession of Nebraska. What do they expect to gain! The honorable senator from Indiana [Mr. Pettit] says that by thus obliterating the Missouri Compromise restriction, they will gain a tabula rasa, on which the inhabitants of Kansas and Nebraska may write whatever they will. This is the great prin- ciple of the hill, as he understands ir. Well, what gain is there in thai I Y'>u obliterate a constitution of freedom. If they write a new constitution of freedom, can the new be better than the old I If they write a constitution of slaxery, will it not be a worse "ii'' I 1 ask the honorable Benator that ! But the hon- orable Benator Bays that the people of Nebraska will have the pri\ ilege of establishing institutions for themseli es. Thej have now the privilege of establishing tree institutions, [s it a privi- lege, then. t.» establish Blavery I If bo, what a mockery are all our constitutions, « hich prevent the inhabitants from capriciously subverting free institutions and establishing institutions of slavery I 8 r, it i- a Bophism, a subtlety, t<> talk of conferring npon a country, already Becure in the blessings oi freedom, the power elf-destruction. What mankind everywhere want, is not the removal of the constitutions of freedom which they have, that they may make at their pleasure constitutions of slavery or of freedom, but tin privilege of retaining constitutions of freedom when they already have them, ami the removal of constitutions of slavery when they have them, that they may establish constitutions of free- dom in their place. We hold <>n tenaciously to all existing constitutions of freedom. Who denounces any man for dili- gently adhering to such constitutional Who would dare to denounce any one for disloyalty to our existing constitutions, if they were constitutions of despotism and slavery I lint it is THE MISSOURI COMPROMISE. 393 supposed by some that this principle is less important in regard to Kansas and Nebraska than as a general one — a general prin- ciple applicable to all other present and future territories of the United States. Do honorable senators then indeed suppose they are establishing a principle at all? If so, I think they egregiously err, whether the principle is cither good or bad, right or wrong. They are not establishing it, and can not establish it in this way. You subvert one law capriciously, by making another law in its place. That is all. Will your law have any more weight, authority, solemnity, or binding force on future Congresses than the first had 1 You abrogate the law of your predecessors — others will have equal power and equal liberty to abrogate yours. You allow no barriers around the old law, to protect it from abrogation. You erect none around your new law, to stay the hand of future innovators. On what ground do you expect the new law to stand? If you are candid, you will confess that you rest your assumption on the ground that the free states will never agitate repeal, but always acquiesce. It may be that you are right. I am not going to predict the course of the free states. I claim no authority to speak for them, and still less to say what they will do. But I may venture to say, that if they shall not repeal this law, it will not be because they are not strong enough to do it. They have power in the house of representatives greater than that of the slave states, and, when they choose to exercise it, a power greater even here in the senate. The free states are not dull scholars, even in practical political strategy. When you shall have taught them that a compromise law establishing freedom can be abrogated, and the Union nevertheless stand, you will have let them into another secret, namely : that a law permitting or establishing slavery can be repealed, and the Union nevertheless remain firm. If you inquire why they do not stand by their rights and their interests more firmly, I will tell you to the best of my ability. It is because they are con- scious of their strength, and therefore unsuspecting, and slow to apprehend danger. The reason why you prevail in so many contests, is because you are in perpetual fear. There can not be a convocation of abolitionists, however im- practicable, in Faneuil Hall or the Tabernacle, though it cou- 17* 394 SPEECHES IX THE UNITED STATES SENATE. g of men and women who have separated themselves from all effective political parties, and who have renounced all politi- cal agencies, even though they resolve that they will vote for nobody, not even for themselves, to carry out their purpos and though they practise on that resolution, but yon take alarm, and your agitation renders necessary such compromises as those of I N "J<) and L850. We are young in the arts of politics; you arc old. We are strong; you are weak. We are, therefore, [--confident, careless, and indifferent ; you arc vigilant and active. These are traits that redound to your praise. They arc mentioned u<>t in your disparagement. I snv only that there may lie an extent of intervention, of aggression, on your side, which may induce the North, at Borne time, either in this or in some future generation, to adopt your tactics and follow your example. Remember now, that by unanimous consent, this new law will be a repealable statute, exposed to all the chances of the Missouri compromise. It Btands an infinitely ■ chance of endurance than thai compromise did. The Missouri Compromise was a transaction which wise, learned, patriotic statesmen agreed to surround and fortify with the principles "f a compact for mutual considerations, passed ami executed, and therefore, although not irrepealable in fact, \r\ irrepealable in honor and conscience; and, down at li until this v< ion "f the Congress of the United St; it has had tic force and authority let merely of an act of Con- b, hut of a covenant between the free states and the Blave scarcely less Bacred than the constitution itself. Now, then, \\ln> are vmir contracting parties in th<- law establishing: ernments in Kansas and Nebraska, and abrogating the Mis- :i Compromise? What are the equivalents in this law? What has the North given, ami what has the South got back, that makes this a contract . ; Who pretends that it is anything more than an ordinary act of ordinary legislation '. If, then, a law which has all the forms and solemnities recognised by com- mon consent as a compact, and is covered with traditions, can not stand amid this shuffling of this balance between the Btates and the -hive Mate-, tell me what chance this new law that you are passing will have I 5Tou are, moreover Betting a precedent which abrogates all NEBRASKA AND KANSAS. 395 compromises. Four years ago, you obtained the consent of a portion of the free* states — enough to render the effort at im- mediate repeal or resistance alike impossible — to what we regarded as an unconstitutional act for the surrender of fugitive slaves. That was declared, by the common consent of the per- sons acting in the name of the two parties, the slave states and the free states in Congress, an irrepealable law — not even to be questioned, although it violated the constitution. In establishing this new principle, you expose that law also to the chances of repeal. You not only so expose the fugitive slave law, but there is no solemnity about the articles for the annexation of Texas to the United States, which does not hang about the Missouri com- promise ; and when you have shown that the Missouri com- promise can be repealed, then the articles for the annexation of Texas are subject to the will and pleasure and the caprice of a temporary majority in Congress. Do you, then, expect that the free states are to observe compacts, and you to be at liberty to break them ; that they are to submit to laws and leave them on the statute-book, however unconstitutional and however grievous, and that you are to rest under no such obligation ? I think it is not a reasonable expectation. Say, then, who from the North will be bound to admit Kansas, when Kansas shall come in here, if she shall come as a slave state ? The honorable senator from Georgia, [Mr. Toombs,J and I know he is as sincere as he is ardent, says if he shall be here when Kansas comes as a free state, he will vote for her admis- sion. I doubt not that he would ; but he will not be here, for the very reason, if there be no other, that he would vote that way. When Oregon or Minnesota shall come here for admis- sion — within one year, or two years, or three years from this ti m e — we shall then see what your new principle is worth in its obligation upon the slaveholding states. No ; you establish no principle, you only abrogate a principle which was establish- ed for your own security as well as ours ; and while you think you are at negating and resigning all power and all authority on this subject into the hands of the people of the territories, you are only getting over a difficulty in settling this question in the organization of two new territories, by postponing it till they come here to be admitted as states, slave or free. 896 SPEECHES IN THE UNITED STATE'S SENATE. Sir, in saying that your new principle will not be established by this bill, I reason from obvious, clear, well-settled principles of human nature. Slavery and Freedom are antagonistical ele- ments in this country. The founders of the constitution framed it with a knowledge of that antagonism, and suffered it to con- tinue, that it might work out its own ends. There is a commer- cial antagonism, an irreconcilable one, between the systems of free labor and slave labor. They have been at war with each other ever since the government was established, and that war is to continue for ever. The contest, when it ripens between these two antagonistic elements, is to be Bettled somewhere ; it is to be Bettled in the Beat of central power, in the federal legisla- ture. The constitution makes it the duty of the central govern- ment to determine questions as often as they shall arise in favor of one or the other party, and refers the decision of them to the majority of the votes in the two houses of Congress. It will come back here, then, in spite of all t! to escape from it. This antagonism must end either in a separation of the antag- onistic parties— the Blaveholding Btates and the free Btates — or, • the complete establishment of the influence of the slave power over the fre< — i r else on the other hand, in the es- tablishment of the superior influeo >m over the inters of slavery. It will oot be terminated by a voluntary set sion of either party. I 'ommercial interests hind the Blave Btates and the free b1 jether in links <>f gold that are riveted with iron, and they can not be broken by passion or by ambition. Either party will Bubmit I lency ol the other, rather than yield to the commercial advantages of this Union. Politi- cal ties hind the Union together — a common necessity, and not merely a common i y, but the common interests of empire — of Buch empire as the world has never before seen. The con- trol of the national power is the control of the western continent; and the control of this continent is to be in a very few pears the controlling influence in the world. Who is there North, that hate- slavery bo much, or who, South, that hi emancipation bo intensely, that he can attempt, with any hope of success, to 1 reak a Union thus forged and wedded together? 1 have always heard, with equal pity and disgust, threats of dis- union in the hi b, and similar threats in the slaveholding FREEDOM AND PUBLIC FAITH. 807 states. I know that men may rave in the heat of passion, and under great political excitement ; but I know that when it comes to a question whether this Union shall stand, either with Free- dom or with Slavery, the masses Avill uphold it, and it will stand until some inherent vice in its constitution, not yet disclosed, shall cause its dissolution. Now, entertaining these opinions there are for me only two alternatives, viz. : either to let slavery gain unlimited sway, or so to exert what little power and influence I may have, as to secure, if I can, the ultimate predominance of freedom. In doing this, I do no more than those who believe the slave power is rightest, wisest, and best, are doing, and will continue to do, with my free consent, to establish its complete supremacy. If they shall succeed, I still shall be, as I have been, a loyal citizen. If we succeed, I know they will be loyal also, because it will be safest, wisest, and best, for them to be so. The ques- tion is one, not of a day, or of a year, but of many years, and for aught I know, many generations. Like all other great po- litical questions, it will be attended sometimes by excitement, sometimes by passion, and sometimes, perhaps, even by faction ; but it is sure to be settled in a constitutional way, without any violent shock to society, or to any of its great interests. It is, moreover, sure to be settled rightly ; because it will be settled under the benign influences of republicanism and Christianity, according to the principles of truth and justice, as ascertained by human reason. In pursuing such a course, it seems to me obviously as wise as it is necessary to save all existing laws and constitutions which are conservative of Freedom, and to permit, as far as possible, the establishment of no new ones in favor of slavery ; and thus to turn away the thoughts of the states which tolerate slavery from political efforts to perpetuate what in its nature can not be perpetual, to the more wise and benign policy of emancipation. This, in my humble judgment, is the simple, easy path of duty for the American statesman. I will not contemplate that other alternative — the greater ascendency of the slave power. I be- lieve that if it ever shall come, the voice of Freedom will cease to be heard in these halls, whatever may be the evils and dangers which slavery shall produce. I say this without disrespect for rep- SPEECHES IN THE UNITED STATES SENATE. resentatives of slave states, and I say it because the rights of pe- tition and of debate on tliat subject are effectually suppressed — necessarily suppressed — in all the slave states, and because they are not always held in reverence even now, in the two houses of Congress. When freedom of speech on a subject of such vital interest shall have erased to exist in Congress, then I shall expect to Bee Blavery not only luxuriating in all new territories, hut stealthily creeping even into the free states them- selves. Believing this, and believing, also, that complete re- sponsibility of the government to the people i~> essential to pub- lic and private safety, and that decline and ruin arc sure to fol- low, always, on the train of slavery. 1 am sure that this will he ii" longer a land of freedom and constitutional liberty when sla- xi tv shall have thus become paramount. Avferrt truddartfal- sis nominibu* impermm atqut ubi aolitudinem Jaciunt pacem «/>- pellant. Sir, 1 have always said that 1 should not despond, even if this fearful measure Bhould be effected; nor do 1 now despond. Although, reasoning from my present convictions, I Bhould not have voted for the compromise of L820, I bave labored, in the very spirit of those who established it. to Bave the landmark of Fr lom which ii 1. 1 have not Bpoken irreverently, even of the compromise of L850, which, as all men know, I <>p- ] ose 1 earnestly and with diligence. Nei ertheless, I bave alwaj a preferred the compromises of the constitution, and have wanted no others. 1 feared .-ill others. This was a leading princi- ple oi the greal statesman of the South [Mr. Calhoun]. Said be:— " I see my way in th nstitution; [can not in a compromise, k promise is but an act If may be overruled at any time, gives us i" security. Bui the constitution is a statute It if a rock on which « ind, and on whi^li we from the noii- slaveholding ii \' is a firm an »n which we can I stand in opposition to fanaticism than on the shifting sands of compron 1 • Let us go back and al ind upon th« Constitution." >od upon this ground in 1S50, defending freedom upon it as Mr. Calhoun did in defending slavery. I was overruled then, and 1 have waited since without proposing to abrogate any compromisi THE MISSOURI COMPROMISE. 390 It has been no proposition of mine to abrogate them now ; but the proposition has come from another quarter — from an ad- verse one. It is about to prevail. The shifting sands of com- promise are passing from under my feet, and they are now, without agency of my own, taking hold again on the rock of the constitution. It shall be no fault of mine if they do not remain firm. This seems to me auspicious of better days and wiser legislation. Through all the darkness and gloom of the present hour, bright stars are breaking, that inspire me with hope, and excite me to perseverance. They show that the day of compromises has passed for ever, and that henceforward all great questions between freedom and slavery legitimately coming here — and none other can come — shall be decided, as they ought to be, upon their merits, by a fair exercise of legislative power, and not by bargains of equivocal prudence, if not of doubtful morality. The house of representatives has, and it always will have, an increasing majority of members from the free states. On this occasion, that house has not been altogether faithless to the interests of the free states ; for although it has taken away the charter of freedom from Kansas and Nebraska, it has at the same time told this proud body, in language which compels acquiescence, that in submitting the question of its restoration, it would submit it not merely to interested citizens, but to the alien inhabitants of the territories also. So the great interests of humanity are, after all, thanks to the house of representa- tives, and thanks to God, submitted to the voice of human nature. Sir, I see one more sign of hope. The great support of slavery in the South has been its alliance with the democratic party of the North. By means of that alliance it obtained para- mount influence in this government about the year 1800, which, from that time to this, with but few and slight interruptions, it has maintained. While democracy in the North has thus been supporting slavery in the South, the people of the North have been learning more profoundly the principles of republicanism and of free government, It is an extraordinary circumstance, which you, sir, the present occupant of the chair [Mr. StuartJ, I am sure, will not gainsay, that at this moment, when there 400 SPEECHES IN THE UNITED STATES SENATE. seems to be a more complete divergence of the federal govern- ment in favor of slavery than ever before, the sentiment of uni- versal liberty is stronger in all free states than it ever was before. With that principle the present democratic party must now come into a closer contest. Their prestige of democracy is fasl waning, by reason of the hard service which their alliance with their slaveholding brethren lias imposed upon them. That party perseveres, as indeed it must, by reason of its very constitution, in that service, and thus comes into closer conflict with elements of true democracy, and for that reason is destined to lose, and is fast losing the power which it has held so firmly and so long. Thai power will ool be restored until the principle established here now shall be reversed, and a constitution shall be given, not only to Kansas and Nebraska, but also to every other na- tional territory, which will be, not a tabula rasa, bnt a constitu- tion securing equal, universal, and perpetual freedom. APPENDIX Since the preceding pages were sent to the press, Mr. Sew- ard has been re-elected to the Senate of the United States for the term of six years commencing the 4th day of March, 1855. The votes stood in the Senate as follows : — For William H. Seward 18 Daniel S. Dickinson 5 William F. Allen 2 Millard Fillmore Ogden Hoffman Preston King Daniel Ullmann George R. Bab cock Sanford E. Church The Senators who voted for Mr. Seward were — Hon. William H. Robertson, of Westchester county. " Robert A. Barnard, of Columbia " " Eliakim Sherrill, of Ulster " " Clarkson F. Crosby, of Albany " " Elisha N. Pratt, of Rensselaer " " James C. Hopkins, of Washington " " George Richards, of Warren " M George Yost, of Montgomery " " Daniel G. Dorrance, of Oneida " " James Munroe, of Onondaga " " George W. Bradford, of Cortland " " William Clark, of Wayne M " Josiaii B. Williams, of Tompkins " " Andrew B. Dickinson, of Steuben " " William S. Bishop, of Monroe " " Benjamin Field, of Orleans M ° Martin Butts, of Allegany " " Alvah H. Walker, of Chautauque " 402 APPENDIX. In the Assembly the votes were as follows : — For William H. Seward 69 Daniel S. Dickinson 14 Horatio Seymour 12 Washing-ton Hunt 9 John A. Dix 7 Millard Fillmore 4 Scattering 11 The members of the Assembly who voted for Mr. Seward were as follows : — ; F .S. HAM COUNTIES. Hon. Silaa Baldwin, of St Lawrence. Hon. G Littlefield, of Jefferson. •• Hezekiah Bal r M otgo ;y. •■ D. W. G Littlejohn, of Oswego. «' ii. H. Beecher, of Oneida, " Jamea I. Lourie, of Washington. «< .! onett, of Orai " W. I. Maehan, of Onondaga. « .1. i\ Bennetl ae. " P. EL Maguire, of Ne* Fork. " Samuel Beyea, of Orai " Charles M'Kinney, of Broome. m Levi Blnl Oneida. " David Mallory, of Genesee. •• ELUBlatchford, ol rk. " Joshua Main, of Jefferson. " N. C. I'-) nton, ol " 1 - M iy, of Allegany. " Aaron B. Brush, of Madison. " C. Miller, ofDelav. " Elisha W. ' L Munro, of < toon •- A. Churchill, of < " Johi . of Wyoming. •• J. V". II. I lai k, • " D. Palmer, of Chenai " Edmond Col •'. P. Pennoyer, of Tompkins. - a B. >en. " '. P. Phelps, < tnonda " RohertB. Coleman, Ni " David Piatt, of Suffolk. " W. I !omstock, of I " .1. II. thoharie. " Alexander Davidson, of Albany. " John F. Raymond, Richmond. M James Don nan, of & idy. " M L. Rickerson, of Greene. " F. S. Duroont, of Tompl " David Rhode, of Columbia. " Moset of Jefferi " Orrin Robinson, of Chemui u Jonathan! " Cornelius Schuyler, of Sara " Josiah T. Everest, of Clinton. " 1). Smith, of Monr M Lewis Fnirchflds, of Chenango. " & Smith, of Steuben. '• Edward Pil li. of Franklin. " J. W, Stebbins, of Monroe. " V. rleaaon, Fulton and " John Terhone, of 8 Hamilton. " Gilbert Tompkins, of Madison. " A. W. Hull, of Montgomery. " [ra Tompkins, of Niagara. " Daniel Hunt, of Westchester. " J. B Van Osdol, of Y \\ " R. J. Jimmeraon, ol rk. " Daniel Walker, of Oneida. " C. P. Johnson, of! " Reuben Wells, of Warren. MR. SEWARD RE-ELECTED U. S. SENATOR. 403 NAMES. COUNTIES. NAMES. COUNTIES. Hon. L. B. Johnson, of Allegany. Hon. G. D. Williams, of Oneida. " John H. Knapp, of Cortland. " W. Wilsey, of Schoharie. " James Kirkland, Cattaraugus. " James T. Wisuer, of Wayne. " C. C. Leigh of New York. " William B. Woodin, of Cayuga. The manner of electing a senator by the legislature of New York is seen by the following report of the proceedings of both branches on Tuesday, February 6, 1855: — Senate-Chamber, Tuesday, February 6, 12 M. Sjjecial Order, the Nomination of United States Senator. The roll having been called, each senator, as his name was called, named his candidate, as follows: — William H. Seward was nominated by [as before stated], Daniel S. Dickinson was nominated by Messrs. Barr, Danforth, Halsey, Hutchins, and Watkins — 5. ! Ogden Hoffman was nominated by Mr. Brooks — 1. Preston King was nominated by Mr. Z. Clark — 1. Daniel Ullmann was nominated by Mr. Goodwin — 1. William F. Allen was nominated by Messrs. Hitchcock and Lansing — 2. George R. Babcock was nominated by Mr. Pntnam — 1. Sanford E. Church was nominated by Mr. Spencer — 1. Millard Fillmore was nominated by Mr. Whitney — 1. Mr. Storing was absent. Mr. Robertson moved that the message be sent to the assembly, to inform that body of the nomination of a candidate for United States senator by this body, and that the senate was ready to compare nominations, which motion was agreed to. A committee from the assembly informed the senate that the assembly had made a nomination for United States senator, and were ready to meet the members of the senate in the assembly-chamber, to compare nomina- tions. Under the lead of the sergeant-at-arms, the senate proceeded to the as- sembly-chamber. On returning from the assembly-chamber — The president announced that the nominations of the two houses were found to agree, and that William H. Seward had been declared duly elected United States senator from this state for six years from the 4th of March next. Assembly, Tuesday, February 6. At twelve o'clock, the house proceeded to nominate a candidate for the office of senator. William H, Seward was nominated by [as before stated]. 404 APPENDIX. Daniel S. Dickinson was nominated by Messrs. Aitken, Allen, Buckley, Covey, Dixon, Ivans, Munday, Odell, Searing, Seymour, Smalley, Stevens, Storrs, and Waterbury — -14. Washington Hunt was nominated by Messrs. Blessing, Chester, Gates, Lamport, F. W. Palmer, Peck, Petty, Rhodes, and Van Etlen— 9. Horatio Seymour was nominated by Messrs. Bridenbocker, Conger, Davy, Devening, M'Langhlin, O'Keefe, Pal - igrist, K. L Smith, W. B. Smith, r, and Ward— 12. John A. Dix was nominated by Messrs. Chapin, Green, J. C. Parker, Rider, Belden, Staunton, and S. S. Whallon — 7. Horatio Seymour, jr., of Erie, was nominated by Messrs: Kcndig and E. & Whalen— 2. Preston King was nominated by Mr. L. Miller — 1. Millard Fillmore was nominated by M< ssra Cocks, Emana, W, W. Weed, and A. (j. Williami W. W. Campbell was nominated by Mr. Ilea. Hey — 1. Benjamin F. Butler was nominated by Mr. Masters — 1. John 1 >. Howell was nominated by Mr. Wygant — 1. Albert Lester was nominated bj Mr. Chas< — 1. L. Wait was nominated by Mr. J. A. Smith — 1. , Ore. ne C. Bronson was nominated by Mi- —1. len Hoffman was nominated by Mr. Ferdon — 1. 3, i, Haven was nominated by Mr. Goddard — 1. Absent, Messrs. Stuyvesanl and Campbell. The olerk having annou -1 ths result — The speaker declared William il. Seward nominated Mr. Blatcbford moved thnl a eoramittee be appointed to inform the senate that the house was prepared to meet that bodyinjoii • otion, tooom- pare nominal ions for I nited St Hi.- speaker named Messrs, Blatcbford an. I Aitken as such committee. tin the return of the committe — The senate appeared ami took their seats in the front circle, when 'l'lo- lieutenant-governor called the joint convention t<» order, ami The ei. ik -■: tie - lUnced the nomination of William 11. Seward on the put of th- senate, ami The clerk of the house announ 1 th.- nomination of William 11. Seward on the part of th.- bouse. Whereupon — Lieutenant Governor Raymond declared Wiu m II. Sbwabd elected tor of th.- [Jnited St itea, from this -tat.-, for -i.\ years from th.- ith of March iill th.- vacancy which will then occur by the expiration of his pre*> ent term. [This announcement was hill,. we. 1 by long-continued cheers from th.- galleries ami lobbies, by waving of handkerchiefs in the ladies' gallery, ami by applause on th.- floor of the house.] The senate then retired, when The speaker formally announced the result of the joint convention. INDEX. PAGE. Abrogation of the Missouri Compro- mise 147, 162. 223, 351 Adams, John 270, 292. 333 Adams, John Quincy 31, 33, 90. 121, 150, 219 Addresses, Arguments, and Speeches: — at Union College 91 in the Supreme Court of U. S. 92, 96, 213 on Invention 92 on Fugitive Slave Law 96, 243 on Freeman's Trial 107, 275 nt Detroit 116 at Cleveland 123 at Rutland 138. 176 at Columbus 158, 327 at American Institute 158, 320 at Yale College 169, 291 at Agricultural Fairs 176, 183 in the U. S. Senate 176, et seq. at Elmira 187 at Dunkirk 188 at Springfield 195 at Westfield 200 at Sunday-School Celebration 204 at Anniversary of Bible Society 210 in the Court of Chancery 219 at Utica 227 to the Indians 306 in the N. Y. Senate 307 of a Republican Convention 314 a Legislative, in 1831 317 on the President's Veto Insane Bill. 317 on the Destiny of America 327 on the Nebraska Question 351 African Suffrage 83 Agriculture 53, 138, 175 Agriculture (Selections) — Improvement Essential 175 Homestead Exemption 176 Prejudices against 176 Agricultural Fairs 176, 183 Albany Evening Journal 42 Albany Regency, The 31, 35, 49, 314 America, Destiny of 158,327 American Enterprise 277 American Fisheries 138, 283 American Independence, True Basis 158. 320 American People. Development of. 169, 291 American Steam Navigation 138, 277 Ancestry of Sewards 13 Anecdotes 13, 18, 21,22 Anthon John 25 Anti-Masonry 33, 317 Anti-Rent Troubles 60 Arctic Ocean, Survey of. 138, 283 Arguments, Forensic 92, 96, 107, 116, 243. 295 Armstrong, Robert IB PAGE. Auburn 26, 90 Austin, John M 91 Badger. Senator 225, 375 Baltimore Convention 147 Banking. Reforms in 58 Barnburners and Hunkers 122 Bell, Senator 163, 366 Belknap, General 18 Benton, Thomas H 367 Berdan, David 32 Berrien, Senator 225 Betts. Samuel R 18 Bible, The 27, 210 Bouck, William C 89 Bradisb, Luther 50. 89 Branches of Seward Family 13 Biidiiman, Laura 295 British Power 287 Brown, William 28 Buel, Jesse 48 Burke's Speech, imaginary 278 Burr, Aaron 19 Burt, James 18 Calhoun. John C 153, 259, 312, 398 California 132 Canal, Chenango 36 Canal, Erie.../. 68, 72. 192 Cass, Senator 150. 366 Chase, Senator 163, 275 Children of Exiles 212 Cincinnati Case 96 Clay, Henry 40, 88, 121, 130, 169, 367 Clemens, Senator 225 Clergy, The New England 168, 223 Cleveland Speech, The 123 Ciinton, De Witt 52, 159, 183 Clinton Family, The 17 Colden, Cad wallader C 17 College, Union 19 College, Yale 169 Colles, Christopher 183 Collins Steamers, The 277 Colonel John Seward 13 Colored Citizens, Letter to 306 Colt, John C, Case of 77 Columbia, District of. 247 Columbus Oration 1 58 Commerce (Selections) — Public Faith 276 American Enterprise 277 The Whale Fisheries 283 Commerce on the Pacific 286 A Continental Railroad — its Com- mercial Advantages 289 40«> INDEX. PAGB Compromso Bill. The 135. 141, 145, 147 238 Compromises cannot settle the Slavery Question 270 Congress of l853-'54 161 rational Convention 122 Continental Railroad ( 'ontinental Rights 150 entions, Baltimore 147 Convention. Young Men's 33 96 Cooper, J Fenimore 95 Court o I Errors 45 Criminal Trials 95 ii.ii n, John J I Annexation ol 130,155 • iTior 195 1 1 iw- 287 Ohio. 159, D'Hautevilli 90 [uents, Juvenile I .■• ! 115 I !Ot Oi '. ' lolumbia, Slavery in. Disunion, Apprel D x. Miss D. L 318 l>ix, Jo n A 14 D .i I an ; Im • th (I. i " 111. 11? 13] 140 Emai ■ Enlargemi nl - - tefl- on anaj 01, O]0 on O'Conn.-ll. ." on Jan . a in 137 : PAOR. Extradition of Fugitives 245 Fairs, Agricultural 176, 183 Faith, Public 276, 351 Family, The Seward 13 I'einale Convicts 76 Fenelon Archbishop 294 den. Senator ]ii:i Fillmore, Millard 34. 1 i '••>:. i ican 138 Fishei ' Fish, Governor 37 . • IF L15 Flagg, Comptroller. I I Flond of it 18 Forensic Arguments... 90, lit!. 119, 243, &»5 Franklin, Benjamin .. 2)4 on and Public Faith :i51 Freedom and Slavery 196, i I rkrdobj ' Si lections)— Eulogy on J. Q. Adnms 919 Mutual Rights ami Duties of Nations 231 Th« Right of Petition 223 Ity 996 - Intolerance Intolerance 931 1 Recaption ol 1- ngitive Slai ■ - . . 240 The I i 1793 Un- dtutional and Void 943 tradition of 1 245 Dcipatioo in the l» $b ict ol lumbia 'J 17 of new Slave-holding 249 i i 1 main ■ tries ... Apprehnn n ground* i be . < lompromisea 970 973 i. oi - : : 1850 y in 13 17. 51 :; l of I) union. 257 ler ■ ; Th- 133, S '. ten Hollai . 4? 16 163 Hum , I INDEX. 407 PAGK. Hunt, Governor 37 Imprisonment fnr Debt Improvement of Agriculture Indemnities, French Spoliations Independence, American, True Basis 158, Indians. The Insanity Insanity, Causes and Circumstances Insane, Relief of, Veto 162, •"Institute, American, Address 158, Institute founded by S. S. Seward Internal improvements.. 36, 68, 73. 121, Internal Improvements (Selections)- The Policy of the Founders of the Republic. Wise and Beneficent Source of Prosperity to the Slate... only sure Bond of Union Suspension of, condemned. Resumption of, recommended New York and Massachusetts Intolerance 227, Inventors. Rights of Invention. Speech on Ireland, Wrongs of '. .. Irish Patriots... Iron, Railroad, Speech 36 175 276 320 304 295 29!) 317 320 15 184 184 187 188 188 192 192 195 229 119 92 15 137 156 JacRson, Andrew 33, 43, 312 Jay, John : 82, 251 Jay, William 51 Jefferson, Thomas 270 Jennings, Isaac 14 Jennings, Mary 15 Jury Trial for Fugitives 82 Kansas and Nebraska... 145.147,162,223,351 Kent, William 24 Kentucky, Seward Family 13 Kentucky, Slavery in 270 Kidnapped Nesroes recovered 83 King, William R: 284 Kossuth, Louis 137, 231 Lands, The Public 136, 161, 254, 309 Law, Gov. Marey's Loan 36 Law, The. Fugitive Slave 96, 144, 243 Law, The Higher 133, 242, 254, 271, 332 Letter- to Colored Citizens 306 Letter to New York, Nebraska 164 Letter to S. P. Chase 273 Libel, The Law of 119 Liberty of the Press 119 Marcy, Governor 36,47 Massachusetts and New York 191, 195 Massacre of Van Nest Family 99 Maxwell, Hugh 61 M'Cormiek's Reaper 282 MLeod Case, The 64 Meagher, Thomas F 137 Memoir — The Seward Family 13 Samuel S. Seward 14 The Mother of William H. Seward. 15 Irish Lineage 15 William Henry Seward 17 Birthplace 17 Boyhood 13 PAGE. Memoir — School-Days 18 Orange County 17 Farmers' Hall Academy 19 Young Seward enters Union College 19 His College Lite 20 Favorite Studies 30 Visits the South 20 Becomes a Teacher 21 Anecdotes. 21 Returns to College 22 Exciting Contests 23 Triumph of Seward 23 Graduates 24 William Kent 24 Seward appointed to address Dan- iel D. Tompkins 21 His Relations with Dr. Nott and his College Companions 24 Enters the Law Office of John An- thon as a Student 25 Completes his Studies with John Duer and Ogden Hoffman 25 Ad mitted to the Bar 25 Removes to Auburn 25 Associates with Judge Miller 25 Marriage 26 Children 26 Auburn, its Characteristics 26 Mr. Seward's Religious Principles.. 26 His Early Devotion to Pubiic Im- provement 27 Character as a Lawyer 27 John C. Spencer 28 John M. Hulbert 28 Mr. Seward's Success at the Bar... 29 His Political Predilections 29 Mr. Seward takes Ground against Slavery 30 His Views and Course 30 His Views of the Albany Regency inl824 31 Oration for Greece 32 Eulogy on David Berdan 32 Young Men's Convention 33 John Q.. Adams and General Jackson 33 Antimasonic Excitement 33 Mr. Seward nominated for Congress in 1828 33 Declines 33 Supports the National Republican Party 33 Nominated for the State Senate 34 Mr. Seward enters the Senate of New York 34 His Position and Course 35 His Maiden Speech 36 Militia Reforms 36 Internal Improvements 36 Imprisonment for Debt 36 Universal Education 36 Elections by the People 37 The United States Bank 38 Prison for Females 39 Origin of the Whig Party 39 Corporations 40 Presidential Election, 1832 40 Clay and Wirt 40 Mr. Seward's Course 40 Visits Europe 41 408 INDEX. PAGE. Memoir— Letters from Europe 42 Returns and resumes his Sent in the Sennte 43 Speech on the removal of the De- positee 43 Governor M arcy'fl Loan Law 41 Tlie Court of Errors 45 Mr. Seward as a Judge 45 His Eulogium on Lafayette 46 Nominated for Governor, 1834 47 Uis large Vote. 4? Delivers an Address on Education and Internal Improvements at Au- burn 47 Appointed Agent ot the Holland i Company 47 Delivers a Discourse on Education nt Westti Id, < !h tutauque < Jdunty, July, 1837 -' 48 Triumph ol the '•'• 4'.» New York and Erie Railroad 4'J I Not lais Elected Govei n7 John Tyler 67 i mneas ami Wiadi m Illustrated. 67 • . . 68 Tin- Enlargement Question 68 89 Mr. Fl igg" . Policy 89 The .'. 69 70 Err- ■ the C inal 1 ... 7n ■ V.iik- 71 Governor reward's Courso 71 PAGE. Memoir— Resumption of the Pul>lie Work*... 72 His Policy vindicated and re-estab- lished iii 1854 72 Rail roads 73 New York and Erie 73 Hudxon River 74 1'iic-iric 75 Pardon Cases 7fi The Insane Murderer 76 Female Convicts 76 Juvenile Delinquents 77 Benjamin Rathbun 77 John C. Colt 77 Catharine Wilking 78 James Watoon Webb and Thomas F. Marshall 79 Madame D'HautevHle 80 Thurlow Weed 81 The Registry Act 81 The 1 ■ ifim ii Case 82 Jury Trial lor Fugitive Slaves State < Ifflcers prohibited fromassiefc- Ing in Ari'-t ot Fugitive SI ives.. 82 Recovery of Kidnapped Negroes... 83 Solomon Northup 83 83 The Virginia Controversy 84 I in | > i ia< mraent I I Men in Slavi 87 Reai Ivi - i" decline a Re-Election... 37 (, mi - il H i' i -in'- Election in 184" Ml •nidation in 1841 88 < . ward's View 88 Defeat Ol the Win--. 89 Lothei Bradish amor Bouck B9 Mi S< ward In Pi Ivate Life 90 rv A. inns at Auburn 90 I I ath ol John kins 91 Mr. Sen I !M Mr Sewai d a • :•• t tin Bai I tetrad from Argument I ' pltal Trial • wn '." ; Eu ' I Connell 98 The Wyatt iinl Fn eman Cases. ... 99 1 amily , , Trial ol Freeman 102 Extract from Mr Seward's Argu- ment "... 1"7 tence ot 1- reeman Ill nt' d 119 l' ath "I Frei man LIS Change in Public Opinion Ill .v oi the Cast 113 1'ii.i! i.t Abel F. Fitch and nth- - foi < lonspii a' v at Dili oit in 1851 115 M D oce 116 i In- Arcumi nt li'i II - Views "t Libel i llfl recalled to Public Lil 1 20 miration of thi Beri- 190 Mr. Sewn a 191 Ann- xntion ol '!'• xas 121 INDEX. 409 PAGE. Memoiu — Hunkers and Barnburners 122 Constitutional Convention, 1846 122 Presidential Election, 1848 122 His Speech at Cleveland. 123 The Whig Platform in 1848 124 Freedom and Slavery 126 President Taylor 131 Mr. Seward elected Senator 131 His Relations with General Taylor. 132 The Higher Law 133 The Compromises 135 Freedom in District of Columbia... 136 . French Spoliations L36 The Public Lands 136 Kossuth 137 Smith O'Brien 137 Thomas F. Meagher 137 Freedom in Europe 137 American Steam Navigation 138 American Fisheries 138 Agricultural Address 138 The Presidential Election of 1852. .. 141 Review of the Slavery Contest of 1850 14 1 General Taylor's Position 142 Mr. Seward supports it 142 Denounced as an Agitator 143 The Fugitive Slave Bill 144 The Compromises 145 Death of President Taylor 145 Mr. Fillmore's Course and Coalition with the Democrats 146 Franklin Pierce 147 General Scott 147 Millard Fillmore 147 Daniel Webster 147 Platform for Slavery 147 Mr. Webster's Course 148 Election of Franklin Pierce 148 Defeat of General Scott 149 Thirty-Second Congress, Second Session, 1852-'53 150 John Quincy Adams and General Cass 150 Annexation of Cuba 155 Extract from Mr. Seward's Speech on Railroads 156 Texas and her Creditors 158 The Destiny of America 158 Address before American Institute. 158 Euloffium on James Tallmadge 158 Thirty-Third Congress 161 Nebraska 161 Introduction of the Nebraska Bill by Mr. Douglas 162 Fruit of the Compromise Measures of 1850 162 Mi'. Seward's Letter to the New York Merchants 146 His Second Nebraska Speech 166 His Speech on the Reception of a Re- monstrance from 3050 Clergymen. 168 Review of Mr. Seward's Course in the Senate 168 Eulogium on Henry Clay 169 Etilogium on Daniel Webster 169 His Relations to the Whig Party and to Mr. Fillmore's Administration. 170 Messages, Annual 175 Mexican Relations 155 Mexican War 121 TAG!:. Michigan Railroad Company 115 Militia Reforms 36, :)()7 Miller. Elijah 25 Milnor, James 119 Miscellaneous (Selections) — The American People, their Moral and Intellectual Development 291 Insanity — Defence of Freeman 295 Insanity, some of its Causes and Cir- cumstances 299 The Wrongs of the Negro 302 Tin' Indian — Speech of Onondaga Chief— Governor Seward's Reply. 304 Letter to Colored Citizens of Albany 306 The Militia System: Reforms Pro- posed 307 The Public Domain — The Home- stead Principle 309 The Whig Party 313 The Albany Regency in 1824 314 Secret Political Societies 317 Relief of the Indigent Insane 317 The True Basis of American Inde- pendence 320 Peace 324 Missouri Compromise 30, 32, 147, 162 Moderation recommended 273 Monroe Doctrine, The 150 Monroe, James 150 Morris, Gouverneur 190 Morris, Robert 183 Morris, Robert H 84 Mutual Rights of Nations 221 Nashville Con% r ention 142 National Domain, Uses of. 254 National Republican Party 33 Native American Party 120, 229 Navigation, Steam 138 Nebraska and Kansas 147, 162, 223, 351 Negro, The Wrongs of the 302 New Jersey, Seward Family in 13 New Mexico 133, 162 New York Letter, Nebraska 164 New York and Massachusetts 195 New Territories, Slavery in 255 Northup, H.B 83 Northup, Solomon 83 Notes on New York 59 Nott, Dr 24 O'Brien, Smith 137 Oceans, Arctic and Pacific, Survey of... 138 O'Connell, Daniel 98 Officers, State, and Slaves 82 Ohio, Letter to 273 Ohio, Speeches in 123, 327 Onondaga Indians, Speech to 304 Orange County, its History 17 Oration at Columbus 158, 327 Orations and Speeches (see Addresses).. 325 Oregon Question, The 121 Pacific Ocean, Survey of. 138 Pacific Railroad 75, 155, 289 Pardon Cases, Interesting 76 Party, The Democratic. .". 29 Party, The Whig 39, 49, 51, 313 Peace 324 Pennsylvania, Speeches in 123 Petition, Right of. 147 410 INDEX. PAGE. Phi Beta Kappa Society 169 Philosophy, Political 331 Pierce, Franklin 147 Platforms, Political 147 Politics and Slavery 29, 51 Prejudices against Improvement 176 lential Elections 88, 121, 141, 147 Proviso, Wilraot 123 Public Faith 276,351 Public Lands 136, L61 Public School Society 215 Quebec and Montreal 140 Question, The Nebraska.. 147, 162, 223, 351 Question, ] , 121 on, The Slavery, and Compromise Quincy, Jonah Railroads advocated 73, 1 56 Railroud, New York and Erie.. 36, Hudson River 7 1 Ogdensburgh 73 Pacific 7! Albany and Boston 195 Ire RathbunV, Benjamin, Case 7? Recaption Reel] fv 36, ■ ra : in!- the Indigent Insane 317 Religions Into], ranee 827 Repeal of £ '• fork.. rnui IB Rutland, Address at y V Scho '1 < Controversy (« e Eduo itJ 1 17, ISO . Political N'S — dtu re 17.' [nternal Improvements, l-i .tiun. 800 : mi. 819 Commerce 876 891 '• i fork The 13 Seward, John 13 r I. Samui IS 14 wid, William 1: KOOj... 17 human L06 Shields, Senator ■ i 871 :.:i, Hi. 145, 219, 1.44,240, 243 I. iws of 1850 141, 162 Smith, Oerritt Smith, Truman 163 • Political 317 Soutb, The 81 PACK. Speeches (see Addresses) L75 Spencer, John C 28, 34, 7 -J Spencer, Joshua A 28. (!7 Spoliations, French 276 Springfield Address 195 New Slaveholding 249 States, The, and the Union 317 t Navigation, American 277 Sumner, Charles L63 Suspension of Public Works 71, 81, 192 Tnllmadue, James 158 Tallmadge, N. P 41 Taylor, General 198, 131 Taylor, General, His Death 145 Territories, Slavery in n of Tomp ID 84 Tracy, Albeit H 28 Unconstitutional, Fugitive Laws 243 Underwood, Sonator 225 Union, The 148, 188, 317 Union I 19 United k. : location 36, 54, 200 L22, 226 ' 'main Utah and NOW Mexico L62 iren, Martin 91,43,65 '■iren, John LOS Van Rensselaer, Stephen 60 Vermont Agricultural Fair 176 • 138 Bdl 317 84 270 I Family in 13 iWi 843 163 Ick, Town of 18 ird 13 and Internal Improvement .Mai Policy. 137 13,367 19 34. 8J Whal( The Whig Com I n of 39, 313 tmph oi 51 112 Whir leric Wilkin, Samuel J 18 i don 78 riso 123, 141 Wirt, William, and the Presidency 40 I'M Wright, Silas, Governor i"i Wr I ! Wyckofi", Mrs 1r compliance with the requirements of party. On occasions of great moment, and under tin- most trying cir» umstanci b, has this indispensable quality of a true and great man been displayed. I ad hollow men would have sought in silence a refuge from Faction and Hit.', an. 1 uard to well-nursed or lucky reputatii • - B i1 more than i M Seward, at the has ird of alienating bis friends and the haiard of destruction by his enemies, spoken the truth and defended the liidit. h led, full to overflowing, the measure of the duties of ■ representative t" bis constituents, and of a states- man to a people. This lustrous quality of sincerity runs like a vein of silver through all hi - All candid readers must be struck with this* .and if were disposed to speculate upon thi upon the charac- ters of public men of this day, he would inevitably say that the judgment upon William IL Seward would be, ' V That it will also ounce him to have been wise and just, in a higher degree than were any of his contempt senatorial office, we also beli The Christian S • " His works are an honor to Ameri- can contribution to American literature, and will serve to raise the reputation which he has acquired both at home and abroad. We admire his abilities and respect his integrity. Often opposing himself to the projudici - in advance of his time, he never .shrinks from a measure because it is unpopular. Certainly no man ever deserved the epithet Ol •. rOBT IMIU.I-Ili l>, THE LIFE OF WILLIAM II. 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D , Missionary Bishop of California. doth n "* Tin I (LOGIC \i. ESS LTS. 1 " * 00 THE DIVINE CHARACTER \i\i>n \ r of Dr. Beecher*s • Con- oid i 18mo,cloth 1 "° THE NIGHT SIDE OP NATUBJ I ' i ■ itharinc Crowe. BRONflll CIS LND KINDRED DISEASES, in language adapted to the common reader. W. w. Hall, MJ). 1 ;•• l 00 OM ON VENTILATION. The Cses and anuses of Air. 12mo, cloth, third IB • Ion, CHAPMAN'S AMERICAN DRAWHIG-BOOK. Ti.r. ■•• Parts published. Each «J CHAPMAN'S DRAWING COPY-BOOKS P 1 , '" ) THE NOCTES AMBROSIAN/E; With Portraits of Wilson, Lockhart, Maginn, Hogg, and facsimiles. EDITED, WITH MEMOIRS, NOTES, AND ILLUSTRATIONS, BY DR. SHELTON MACKENZIE, Editor of Sh»il's " Sketches of thb Irish Bar." 5 Vols., 12mo., cloth. Price $5.00. The Noctes were commenced in 1822, and closed in 1835. Even in England, the lapie of years has obscured many circumstances which were well known thirty years' ago. Dr. Shelton Mackenzie, already favorably known as editor of Shell's ''Sketches of the Irish Bar," has undertaken the editorship of The Noctes Ambrosianje, for which u familiar acquaintance, during the last twenty-five years, with the persons, events, and places therein noticed may be assumed to qualify him. He has been on terms of intimacy with most of the eminent political and literary characters treated of in the " Noctes " and his annotation of the text will include personal recollections of them. Besides this, Dr. Mackenzie has written for this edition a '' History of the Rise and Pro- gress of Blackwood's Magazine," with original memoirs of the principal accredited authors of the "Noctes," via :— Professor Wilson, The Ettrick Shepherd, J. G. Lockhart, and Dr. Maginn. He will also give the celebrated " Chaldee Manuscript," published in 1817, instantly suppressed, and so scarce that the only copy which the editor has ever seen is that from which he makes the present reprint. There will also be given the three articles, entitled " Christopher in the Tent," (in August and September, 1819), never before printed, in any shape, in thiscountry. The interlocutors in " The Tent," include the greater number of those afterwards introduced in the " Noctes." The " Metricum Symphosium Ambrosianum," — an addendum to No. III. of " The Noctes," (and which notices every living author of note, in the year 1822), will be in corporated in this edition. This has never before been reprinted here. Nearly Ready, in Two Volumes. THE 0D0HERTY PAPERS, forming the first portion of the miscellaneous writings of the late DR. MAGINN. WITH AN ORIGINAL MEMOIR AND COPIOUS NOTES, BT DR. SHELTON MACKENZIE. For more than a quarter of a century, the most remarkable magazine writer of his time, was the late William Maginn, LL.D., well-known as the Sir Morgan Odoherty of Blackwood's Magazine, and as the principal contributor, for many years, to Praser's and other periodicals. The combined learning, wit, eloquence, eccentricity, and humol of Maginn, had obtained for him, long before his death, (in 1843), the title of The Modern Rabelais. His magazine articles possess extraordinary merit. He had the art of putting a vast quantity of animal spirits upon paper, but his graver articles — which contain sound and serious principles of criticism — ar6 earnest and well-reasoned. The collection now in hand will contain his Facetiae (in a variety of languages), Trans- lations, Travesties, and Original Poetry, also his prose Tales, which are eminently beauti- ful , the best of his critical articles, (including his celebrated Shakspeare Papers), and his Homeric Ballads. The periodicals in which he wrote have been ransacked, from " Blackwood" to " Punch," and the result will be a series of great interest. Dr. Shelton Mackenzie, who has undertaken the editorship of these writings of his distinguished countryman, will spare neither labor nor attention in trie work. The first volume will contain an original Memoir of Dr. Maginn, written by Dr Mackenzie, dnd a characteristic Portrait, with fac-simile. Published by J, S. REDFIELD, 110 & 112 Nassau- street, New York Memoirs of a Distin^i | uici FIFT1 ^EAK« l\ BOTH HEMISPHERES; f >U\ . • • • . few \ t • f LIE LIBRARY OF CONGRESS 011 933 053 1 •