-OV* «<,' ^ • • t • :rCvV, • ■« ''\ • ao %.^ ;* . '^^ .♦^^^ • /n« .0 ^ "^ ^ ^ ••• a9 ^ ^^ * ^* ■'^- -C^ fj^((f/^^* ^<»^. A^" /'^StfC* "^ .<^ ♦ .^^/'<2 of the Republican party at the North, innoculated into them by every way possible — by pulpit, by press, by >^ ^ •5" 2 . /\,^5 prayers, by persuasions and teachings of all sort — civil, moral, and religious. It is part of their religious fanaticism to hate slavery, and to feel that they are doing God's service to aid in all ways, legitimate and illegitimate, fair and foul, to abol- ish it. lipon this idea their public men, high and low, have been elected. Upon the doctrine that there is a grand war between the slave States and the free States, which war is not to cease until the one or the other conquer — until they shall , be all free or all slave — upon the doctrine of the equality of the white and black races, their President by their voice alone has been lifted to rule over us. With a full knowledge of all these tacts, I had a hope, but it was only a hope, tliat the chief rulers of this party, rather than see tlie disruption of this great Government by their own impious acts, would show some signs at least of a dispo- sition to right our wrongs by simply recognizing our rights under the Constitution. Instead, however, of any such mani- festation, the most conservative propositions have been re- jected — propositions, too, which have emanated from the southern, when justice and honor might have demanded that they should come from the northern section. At the earliest possible moment after the meeting of Con- gress, a resolution was introduced and passed through botli houses of Congress raising a committee to take into conside- ration these most serious and solemn subjects. These propo- sitions in both instances came from southern men — Mr. Bote- ler, of Yirginia, in the House, and Mr. Powell, of Kentuckj^, in the Senate ; thus manifesting a most patriotic, loyal, con- servative, and, I might add, almost an imploring disposition upon the part of the South and southern members to do all that human ingenuity could devise to avert the coming ca- lamities of the country. Tliese committees, consisting of one from each State in the House, and of thirteen in the Senate, were duly organized, and proceeded immediately to the con- sideration of their grave duties. Every proposition, even of the most conciliatory character, brought forward by conserva- tive and Union-loving men and presented to the House com- mittee has been voted down. All this time, amidst all this dark prospect of revolution and the wreck of the proudest Government upon earth, of the brightest hopes of civil and religious liberty throughout the world, no single effort has been made upon the part of this abolition power to stop this direful strife, or abate one jot or tittle of their transgressions. The Senate committee was com])osed of the representative men of all parties throughout the llepublic. Mr. Crittenden, the oldest, most venerable and eloquent of Senators — Critten- den, whose name has his life-long been to his people a synonym of patriotism and devotion to the Union — submitted his ulti- matiiin. Coming as it does from sncli a source, and being re- garded as the most conservative and least exacting of all of the many propositions that have been submitted. I herewith give it, in order that the most deeply devoted of you, my country- men, to the Union may see where we stand : ''Resolved hj the Senate (incl Ilotise, That the following arti- cles proposed be submitted as amendments to the Constitution, which shall be valid as part of the Constitution when ratified by the conventions of the States : First. In all Territories now or hereafter acquired north of 36° 30', slavery or involuntary servitude, except as punish- ment for crime, be prohibited ; while south of that latitude slavery is hereby recognized as existing, and not to be inter- fered with by Congress, but to be protected as property in all of the departments of the territorial governments during its continuance. In all Territories north or south of that line, with such boundaries as Congress may prescribe, when they- contain population necessary for a member of Congress, and with a republican form of government, shall be admitted into the Union on an equality of any original State, w'ith or with- out slavery, as the constitution of the State may prescribe. Second. Congress shall have no power to abolish slavery in the places under its jurisdiction, nor in States permitting slavery. Third. Congress shall have no power to abolish slavery in the District of 'Columbia while its exists in T'irginia and Mary- land, or in either. JS^or shall Congress at any time prohibit the otficers of the Government, or members of Congress whose duties require them to live in the District of Columbia, from bringing slaves thither, or holding them as such. Fourth. Congress shall have no power to hinder transporta- tion of slaves from one State to another, whether by land, navigable rivers, or sea. Fifth. Congress shall have power, by law, to pay any owner who shall apply therefor, full value for tlie fugitive slave in all cases when the marshal shall be prevented from discharg- ing his duty b}^ force, or rescue made after arrest. In all such cases the United States shall have power to sue the county in ■which such violence is used or rescue made, and the county shall have the right to sue individuals who have coinmitted such wrong, in the same manner as the owner could sue. Sixth. Ko future amendments shall affect the pi-ecediug articles, and Congress shall never have power to interfere with slavery in States where it is now permitted. The last resolu- tion declares that southern States have a right to the faithful execution of the law concerning the recovery of slaves, and such laws oiiglit not to be repealed or modified so as to impair their efBcacy. All laws which conflict with the fno;itive slave law are null and void. Yet Coug-ress does not deem it im- proper earnestly to ask the repeal of such laws. That tlie fugitive slave law ought to be so altered as to malce the fee of the commissioner equal, whether it is decided in favor or against the claimant ; and a clause authorizing a person hold- ing warrant for the summons '■^ posse comitatus ''' be modified, so as to restrict it to cases where violence or rescue is attempted. The laws for the suppression of the African slave trade are to be more effectually enforced. This last appeal of the venerable Crittenden was indignantly spurned and trampled under foot by this hostile power. Will you, proud freemen of Tennessee, ask for less ? The great con- stitutional fact recognizing property in slaves this party have solemnly said cannot be sanctioned. Their representative men, in and out of Congress, everywhere proclaim that sooner than make this admission they would see the Government shattered into a thousand fragments, and the dread torch of civil war lighted up throughout the length and breadth of this once happy land. This line of policy on the part of the representative men of this party in Congress is boklly proclaimed, too, by the champion presses of the party. They all come to us thunder- ing defiance, destruction, and desolation. So, then, as this abolition party are the aggressors, as they have perpetrated the wrong, as they alone have trampled under foot the Constitu- tion and defied the laws, the remedy then rests with them, and they alone can apply it. They do not intend to do it. In considering the political condition in which we are placed, I do not deem it the part of wisdom or prudence to stop to quarrel concerning the immediate causes which have involved us. The great question, and the only question for Tennessee to determine is, what is Tennessee to do'^ Far be :t from me, in this brief letter, to offer anything like dictation. I am your servant, your agent, sent here to do your will. But in times like these, occupying a position from which the whole ground may, perhaps, tlie better be surveyed ; as a sentinel upon the watch-tower, with an earnest eftbr't to be faithful, I vouchsafe to you the deliberate result of these observations. Before this will have been read by many of you, somefive or six of the sovereign States of this Union, closely identified with us in interest," in institutions, in kindred, in the most solemn form, in all probability will have absolved themselves from all allegiance and fidelity to this Federal Government. Concerning their constitutional right to do this thing it is idle to debate. "Whilst there may not be in the Constitntion any provision anthorizing them to do so, one thing is certain, there is notliing in the Constitution saying they shall not do it. "The powers not delegated to the United States by the Con- stitution nor prohibited by it to the States, are reserved to the States respectively, or to the people." (Art. 10, Amendment to the Constitution.) In the absence, then, of any delegated power in the Con- stitution from the States snrrendering these their sovereign rights, and no prohibition to the States, such rights and powers are accordingly reserved to the States respectively or to the people. This right, then, seems to me to be clear. But be it so or not, it makes but little difference in this case whether it be a constitutional or revolutionary right. One of the sov- ereign States of this Union has already seized, and others will soon seize, upon this right, and it will be then too late to discuss under what head it comes. It is at least the right of revolution ; and we have to deal with it as an existing fact, without stopping to speculate upon the political philosophy of that fact. Neither is it necessary to pronounce judgment upon the right or wrong of the action of these States as a matter of policy. Whilst Tennessee would doubtless not have been so precipitate in her action, each State, I take it, acting for herself as an independent sovereign, is the judge of her own wrongs, and of the mode and measure of redress. Sensitive as I am, and have ever been, to the wrongs and oppressions of my section, I must say that the action of these southern States, precipitate though it may by some be called, touches with me, instead of a hostile, a sympathetic chord. I think that chord should be thus touched in every southern breast. I cannot help it if I would — would not if I could. With these sentiments, even, did I believe in the right or the power of the Federal Government to bring back a so-called recusant State by the strong arm of Federal power, I cer- tainly would refrain, from maternal feeling if none other, from so now announcing. At least, I would be silent. For the promulgation of such sentiments at this most critical and exciting juncture, in political affairs, can but add fuel to the flame, and precipitate the country into that civil war which it should be the aim of all patriots and Christians to prevent. A dissolution of this Union cannot, civil war may be, averted. To that end patriots should direct their efforts. Coercion upon the part of the Federal Government, either upon the citizens of a seceding State in enforcing the Federal laws, or in any other conceivable manner, is not, in my judgment, one of the ways to avert so dire a calamity. Coercing the the people of a State is coercing a State, for tlie people form the State : " What constitutes a State? * « * » * Men, high-minded men, » * * * * Men who their duties know, But know their rights, and, knowing, dare maintain, Prevent the long--;iiineil blow, And crush the tyrant while they rend the chain — These constitute a State." This Confederation and Union of States was of voluntary formation. It cannot be held together by any other power than that which formed it. It is idle to talk about au Anglo- Saxon people, who are and of right ought to be free, being held together in a hostile Government as conquered prov- inces. If the sovereign people in any State, by virtue of their inalienable rights — rights recognized by the Declaration of Independence — in solemn form declare themselves free and inde])endent of all governments upon earth, save such as they choose themselves to institute, no power can enslave them. I do not think, then, that the doctrine of coercion can meet with a response from any portion of the people f)f Tennessee. Assuming it as a fact, then, that all the extreme southern States will very soon take such action as will place them out of the pale of' this Union, the question comes up, what posi- tion is Tennessee to take? Tliis is a most momentous ques- tion, to be decided alone by the people of Tennessee in their sovereign capacity. I see that our Governor has, in my opin- ion, very properly convened the Legislature on the 7th Jan- uary next. I presume the Legislature will appoint some early dav (I think it should be early) for a convention to be called to determine upon these most serious questions — more serious than any which have ever yet engaged the consideration of the people of Tennessee. I hope all the issues which can possibly arise under the existing and prospective state of facts will be presented to the people for their most solenm consid- eration. My own opinion is — and it is but the opinion of one Tennesseean who feels a deep and abiding interest in the prosperity and welfare of his own native State, with which all his fortunes are forever identified — my own opinion is that there will be but two questions for Tennessee to determine. And they are, whether, in the formation of a southern con- federacy, she will swing to the North or to the South, or aid in forming a middle republic. These alternatives being pre- sented, I am decidedly in favor of going with the South. _ I would spring intuitively to the side of my section. The unity of the South would tend to prevent civil war and bloodshed. It would go very far to Insure such a re-establishment of our Government npon terms of equality as Tvould be enduring. The reasons whv Tennessee, in case of dissolution and the formation of a so'utliern confederacy, should link her destinies with the South, to nif mind, are many and weighty. That rich and flourishing portion of the State that I have the honor to represent is especially identified with the South in her every material interest. Southern trade and southern com- merce have poured their rich treasures into the lap of the young metropolis of Tennessee. AVMiat position, let me ask, would Tennessee occupy liem- med in all around by members of a ditlerent government? Where do we look for our trade ? Is it to the States north or soutli of us? Are not our interests every way identified with the South? Our natural outlets are all there. The States north of us are the competitors of Tennessee in the produc- tions of coal, iron, and other minerals — competitors, too, in the raising of liorses, mules, cattle, grain. Tennessee, together with her sister border States as a part of a Southern republic, would to a very great extent monop- olize this class of trade. Such States as Virginia, Kentucky, Tennessee, Missouri, and others of kindred locality and in- terests, by uniting themselves into a separate confederacy, being somewhat hemogeneous, similar to some extent in cli- mate, soil, and productions, would each make the other its rival. Wliereas by all linking their destinies with the South, they woidd necessarily become the great manufacturers and producers for the Southern Republic. In a middle confederacy, too, we would have two or more hostile borders to protect and defend ; whereas with only a ISTorthern and a Southern confederacy, we would have but one The reasons, it seems to me, are all against a middle republic formed out of what is called the border States. Deeply devoted as I ever have been to the Union of tliese States, cherishing with patriotic pride the many remembran- ces of my country's glory, standing as she does the wonder ot the world — beholding, as I do, a people the most pros])erous and happy of any upon earth — a government the grandest and the best — mighty amidst the mightiest nationalities of the globe — looking at her as she is, I must say that it is with a saddened heart I am brought to contemplate the subjects I have been discussing. But, deprecate it as we may, these issues are upon us, and like men, they must be met. Tennes- seans, too, will have the proud consciousness of knowing that by no act of theirs have they been the cause of these dread consequences. It is needless to remind Tennesseans of their loyalty and devotion to the Constitution and Union of their fathers. They have made imperishable record of that devotion whenever tlieir coiintiy has called. To preserve both the Constitution and the Union as thej came from the hands of their great builders has been the higliest aim of Tennesseans. Let me tell you in all earnestness that this cannot now be done by- protestations of devotion to the Union. As I said in the be- ginning of this letter, the South has been guilty of no wrong. !She has demanded nothing inconsistent whh tJie compacts of the Constitution. ..The North denies us these. In a speech I had the honor to make upon the liuor of Congress at its last session, I arraigned the Republican party at the' bar of public iudgment for their unconstitutional acts. I then charged that they were tlie true disunion party of the country, because they had broken the compact, and, in the lauguage of Mr. Webster, " a bargain broken on one side was broken on all sides." So they broke the bargain, and they alone can mend it. The}' will never do it so long as we are divided in the South, so long as there are imposing demonstrations, resolutions, speeches pleading for the Union and palliating our wrongs. This is not the way to save or to re-establish this Union. It only emboldens our'enemies and weakens and exasperates our friends. Let us, regardless of all ])ast i)arty differences-, pre- sent one united and unbroked Southern voice and Southern action. I wish to act as if I had never uttered a party senti- ment or given a party vote in my life. Thus we should all act. Encroachments never have been, nor never will be, stopped by yielding to them. Had we been long ago a bold, determined, united South, the present evils might have been averted. Tennessee will, I trust, soon speak through her convention with a potential voice. AVhatever her action may be I will abide. My first and highest allegiance is to her. With her brave people I am willing to intrust these momentous ques- tions. Satisfied I am that Tennessee, in her action, will but re-enstamp upon the enduring pages of her own unsullied history the high renow^n of her illustrious past. WM. .T. AYERY. Washington, D. C, Dec. 27, 1S60. 54 •^0^ '^.•j.:i^'* ^Jt?»* ^^ .^^ ^^. • ^» 4 TT."' iO- 9 aV o. ♦it,** .0 ^f'- *^-% i*..iii.'. 'V.<=>'^ //^:7^^\ o°^j^;>>o ^/V;^^/^'^ • % ^ ♦t^ ^'^^^ • • ^'^-'^