LIBRARY OF CONGRESS %■ •. .*" .^''^^^'.^ /4v^-o\ ^^''^^^'.% ./ \ .O-r, .'?■' p c .-ir' r. i% •%/ /^-v \/ f^M'. %.^^ •* *^ # «^ =^*0^^°/^:--"^-o/ ^°-n*.. ••'^K.- ,*'°-. >*■..-.. ;♦ *»•' i°-'*v \ ^^.. .'^.'^ .'A\%i.^: A^ '\-,-s m ^^ 4> o»lo* -^^0^ jP-ts ..v^.,„,-V-^\/" ^^ ^ "'^^S 4.^^^%" °''^^^** ^^\ "'Ajcyr ^' o^^ ^-^^ .0 ^0. ^'> ./.•«:.% c°^:i^.*°o /.i^^\"' ,^ r ., n''^... V'----' o jp-^^^ ^.'^e^^iR^: .4<: - %,^^ ^^ *- o!^^"^^^. °o" &. .-' o » » o - .0 .0^ ^1 v*"^^^".^^' ^°'^^>. V v^..:^;^'.-. ^*o< X5, 'o. 'v\.'••'>^-;^•^*o/••./^^-x'"",o*^.^c\°•^ * O JO- JiT T^ ^ ' ^.^"^ /Jfe- %/ -^^sc^^ %.^^ »*ife:' 'bl *..*' s'^"^. > ^ ro\c^%% '- '^ov^^ -^^^ \ CONCIZiIATIOir AND NATIONALITY I .f SPEECH OF HOA\ S. S. COX, OF OHIO. DELIVERED IN THE HOUSE OF ItEPEESENTATIVES, JANUAI:T 14, 1S61. The Hoiise being in Committee of the Whole on the state of the Union, and having under consideration the Army bill — Mr. COX said: • Mr. CiiATRMAX : I speak from and for the capital of the greatest of the States of the great Y\'est. That potential section is beginning to beappalled at the coUossal strides of revolution. It has immense interests at stake in this Union, as well from its position as its power and patriotism. We have liad infidelity to the Union before ; but never in such a fearful shape. We had it in the East during the late war with England. Even so late as the admission of Texas, Massachusetts resolved herself out of the Union. That resolution has never been repealed; and one would infer, from much of her conduct, that she did not regard herself as bound by our covenant. Since 185G, in the Korlh, we have had infidelity to the Union, more by insidious infractions of the Cx^n- stitution, than by open rebellion. Now, sir, as a consequence, in pai-t, of these very infractions, we have rebellion itself, open and daring, in terrific proportions, with dangers so formidable as to seem almost remediless. From the time I took my seat this session, I have acted and voted in every way to remove the causes of discontent and to stop the progress of revolution. At the threshold, I voted to raise the committee from each State; and I voted against excusing the members who sought to withdraw from it, because I be- lieved then, that such a committee, patriotically constituted, as i believe it v»'as, had in it much of hope and safety ; and becSuse, to excuse menibers from ser- ving on it, upon the ground of secession, was to recognize the heiesy. I am read}' to vote now for any salutary measure which will bring peace and pre- serve the Union. Herodotus relates that wiien Mardonius was encamped in Bceotia, before the battle cf Platfea, he and fifty of his ofliccrs were invited to meet the same number of Thebans at a banquet, at which they reclined in pairs, a Persian and a Theban upon each couch. During the entertainment one of the Persians, with many tears, predicted to his Theban companion the speedy and utter destruction of the invading army, and when asked why !'■■ used no influence with ISbirdonius to avert it, he answered : " When one would give faittiful counsel, nobody is willing to boliex c i i m. A I ' i of us Persians are aware of the end we are coming to, we still gerty, without war? I will ans.vej-: first, re- peal here every law making ports of entiy at the recusant cities or towns; and thus avoid as Diuch trouble as possible. Tliat is in our power, becond. Libel and confiscate in admiralty every vessel which leaves such porte without the Federal clearai-.ce. Third. Collect the revenue and preserve the property, and only use such force a« will maintain the defensive. But again it is a.-ked, Ik^ not this coercion agninst a Government de fucto, established b\- the consent of all the people of is, tilate under an assumed legal right? 1 answer. South Carolina is not de facto the Government asjo these Federal tnatters, so long a< the Federal Government can hold her harbors, shut in her ships, and collect the revenue. Who can deny that proposition? But still it is asked, will not the use of force in executing the laws, and pre- serving.our property, result in civil war? Is there anj' practical difference be- tween the enforcement of law wJien resisted by so large an aggressive power, and the actual state of war? Here is the Sphinx of our jiresent anomalous situation. I do not choose now to say what 1 will do, in c.ise a certain result follows the performance of present duty. It is enough for me now to do the duty of the preseBfc. But that judgment which makes no discrimination be- tween the enforcement of the laws and -defence of property, and the actual state of war, must be palsied by undue fear of consequences. ' There is nothing more plainly distinguished by precedent and in experience, than the dift'erence between the civil authority, and the war-making power. True, the military arm may be invoked to aid the civil authority, but it must be subordinate to it in many most essential particulars. It is theu the sword of the magistrate, and not of the soldier. Says Chief Justice Taney, in the Rhode Island case: " Unquestionably, a State may use its militarr power to pnt down an armed iusnrrection too strong to be controlled by the civil authority. The power is esscntialto the existence of every Government; esscutial to the preservation of order and I'rt-e institutions; and is as neces- sarj- to tlie States of this Union, as to any other Governmeiit.— 7 Jloicanl, 4.5. This Government has had insurrections, and has quelled them by the civil authority, with the aid of the militia, and without martial lavr. The Shay's rebellion and the whiskey insurrection were put down by the posse comitatus. The writ of habeas corpus was not suspended by the United States. But, even in extreme cases, where the President may call out the militia to suppress actual array and violence, without a law of Congress authorizing it, the force was only to be used witii a view to cause the laws to be duly executed. All aiTCSts were made under civil authority. Trials were had as in civil cases. In Penn- sylvania, in 17t'o, the expedition was not in its nature belligerent; but it was to assist the majshal. (7 Howard, SO and 81.) Washington enjoined strictly the subordination of the military id the civil power, and went in person to see that his orders were obeyed. The very genius and structure of our Constitution would farbid the making of war, in its sense of aggression, against any State of the Confederacy. But, unless the power to enforce reside somewhere in theGovernmeut, it is virtually no government at all. It wears a garment of shreds. If the force is of that irresponsible kind called war, the Government is then worse than a failure. It then wears a coat of mail. But if it have the force to maintiiu itself, and subordinate to itself the military w:hich it may use in its defence, then it is a Government. It then wears the robe of State! The time does not yet call fJf threats of coercion by martial or other means. It only calls fur .lefence from those who are aggressive. I woidd reserve this power of coercion, m Prince Arthur did his diamond shield. He ever feept it out of sight covered with a veil, and only imcovered it to fight monsters ^nd alien enemies. 1 call this secession, revolution. I will not in an American Congress, with an oath on my conscience to support the Constitution, argue the right to secede. No such right can ever be had, except by amendment of the Constitution, legal- izing such scce?siou. It is a solecism to speak of tiie right of secession. It is revolution; and the burden of j>roof is on him who begins it, to show why he seeks the chant:'-. The combined reason of the ages has fixed in its maxims of thought, ml. s 10 govern the actions of men and nations, which no one can overrule withuut, great criminality. Tliese rules require first that revolution must have no li.'ht and transient cause. To ovei'throw a despotism, the caiLsas must be of grave -weight. A fortiori, what must be the grievance to justifj- a • revolt against a Government so free as oursl Besides, there must be a reason- able hope of a happy and successful termination. Otherwise history, with her judicial prescript, will ban those who begin it to an eternity of retribution. There must be in every State some power to which all others yield, competent to meet every i-;uergency. No nation can be consigned to anarchy by some absurd contrivance, either in the shape of personal liberty bills or secession ordinances. In America, we have a national Constitution. Under it, we have United States citizenship. To it we owe and swear allegiance. It may be a compact ; but it is a government also. It may be a league ; but it has authority, "operative," as Mr. Madison holds, " directly on the people." It may reach States as States ; but it does more : it reaches the people of the States through its executive, judicial and legislative departments. If it cannot declare war against a State, it is because aStateis a part of itself, and not, quoadhoc, a foi-eign and independent State. Its constitution is the supreme law of the land; and though, as Chief Justice Marshal says, (1 Wlieaton, 304,) "the sovereign power vested in the State government by their respective constituencies remain un- altered and unimpaired, yet they remain so, except so far as they were granted to the Government of the United States." I could cite Marshal, Jeft'erson, Madi- son, Jackson, Story, Duer, and Webster, almost every student, expounder-, and executor of the Constitution, to show these conclusions to be iri-efragable. It is an absurdity to contend that States, which voluntarily surrendered such por- tions of their sovereignties as were requisite for a national government, can be the equal in power of that national government. In the name of the people, the Constitution asserts i,ts own supremacy and that of the laws made in pursu- ance thereof. It is supreme, by the consent of South Carolina herself, "over the constitution and laws of the several States." Let South Carolina, then, at- tempt, as she las by her ordinance, to annul her connection with this national system; does she not usurp a power of the General Government? Does she not infringe on the rights of Ohio? Is it not a plain violation of the permanent obligation she is under as one of its members? Nay, she not only breaks her oath of fealty to the United States Constitution, but s'he breaks her oath to her own constitution, which re^juires that oath. Am I referred by members of my own party to our platform and principles indorsing the Kentucky and Virginia resolutions? Am I told that tlie sacred principles of State rights declared by Jefferson and Madison, as a check against the usurpations of a consolidated Federal Power, allow that each State may so judge of the infraction of the Constitution, and the means and measures of re- dress, that it may go out of the Union? These Virginia and Kentucky resolu- tions are misinterpreted. Judge Marshal, however federal his views, in a letter to Judge Story of July 31, 1833, (Story's Life and Letters, p. 135,) is an honest ■witness to this misinterpretation. He says: "The word 'State rights,' as expounded by the resolutions of 1798 and the report of 1799, construed by our Legislature, has a charm ajrainst which all reasoning is vain. Tlioso reso- lutions and ihat report constitute the creed of every politician who hopes to rise in Virginia ; and to qufsii.m il'.om, or ecen to adopt the cc7istriu:tkni given, hy tfieir author, is deemed political sucrilegf." This Government was intended to be perpetuaL It was adopted in toto, and forever. Says Mr. Madison: "The idea of reserving the right to withdraw was started, considered, and abandoned; worse than reJL^cted." Judge Marshal says: "The in-irumont was not intended to provide merely for the exigencies of a few years, but was to endure through a long lapse of ages, the events of which were locked np in the inscru- table decrees of Providence." It was, therefore, provided with means for its own amendment. By the Legislatures of three-fourths of the States, there is a means of amendment; and in that way alone can a State withdraw. Nullification and secession, said Mr. Madison, are twin heresies, and should be buried in the same grave. Well, said General Jackson, that secession did not break a league, but it destroyed the nnity of a nation; hence, he argued tliat it is an offence against the whole Union. To say that a State may constitutionally secede, is to say that the con- stitutional elements were poisoned at the birth of the nation, and of malice prepense, were intended to kill our national life ! Such reasoning overthrows all Government. It is to aftirm that the tribunal appointed for the abitrament of mooted (jueople, are hostile to it. In this angry and warlike disruption of the conijjact, whirc shall we find our more ]>erfect Union, the establishment of j\istice, domestic tranquillity, provision for the common defence, the promo- tion of the general welfare, an»i the security of the blessings of liberty to our- selves and posterity f In this light, the ordinance of South Carolina becomes an oflfence; and Ib case a sufficient number of others followed, to the baukruptc}' of the remainder, or the injury of any, it would be worse than an offence. In the cases of Texas and Florida, Louisiana and Californi.a, for which millions were paid, the inquiry would be made whether it would not be a fraud so colossal that neither lan- guage nor law can measure it. Mr. REAGAN. I would ask the gentleman when a dollar has been paid for Texas? Mr. COX. I cannot give way. My time is limited. Besides, the same question was asked in the Senate; and Judge Docgi-as answered it. The coun- try- knows both (juestion and answer. I proceed. If, then, South Carolina can dispense with an amendment of the Constitution to which she solemnly acceded on the 23d of May, 1788, cannot slie dispense with other portions of that in- strument; ay, evuu with this American Congres^s? The whole framework of our Government, by the action of separate States, may thus be swept away. This Congress mayne digaolved, if not by the military usurpation which dis- solved the Long rurlianient, or expelled the Council of Five lluiidred from th« Orangery of St. Cloud, yet by the very inq>oteuce of il« organism, as the Con- federation dissolved under its imperfect articles, to give place to this more per- fect Union ! "What justification does South Carolina offer for this act? "Fifteen Stetes," says her declaration, "have deliberately refused for years to fulfill their con- stitutional obligations." It refers to the fourth article of the Constitution for the specitic cause of grievance. But is there not now, since the vote in this House the other day on the personal libeity bills, when the demands of return- ing public justice made even the sincere gentleman from Illinois (Mr. Lovejot) recede from his ultraism — a reasonable hope of curing these evils? Again: is' there not the Supreme Court, as to whose fidelity no question is raised in the South? And are these peculiar wrongs remediless in that forum? The Gover- nor of Kentucky has already arraigned the recreant executive of Ohio for his delinquency under a kindred constitutional clause. Why may you not exhaust your remedies in the courts before you raise the ensign of revolt? If yoii would have public opinion correct the errors of the North as to fugitives from justice and labor, already assurances come from all quarters that such remedy ■will be given. Republican Governors and Legislatures are beginning to recede from their aggressive acts. Already Ohio has begun this work of redress. The fugitive slave law may be the ostensible reason for secession, or ancillary to the real grievance. Aside from certain economic reasons, which have ever impelled South Carolina, and which I will not now consider, the real grievance consists in the apprehension of slave insuri;ections and abolition, under the au- spices of an Executive who, though not yet inaugurated, was elected on a prin- ciple of hostility to the social system of the South. Or, to give it the strongest statement, which I find in a pamphlet signed by the member from Arkansas, (Mr. HixDMAN,) "The Republican candidates were elected upon a platform de- structive of our rights, branding our institutions as infamous, decreeing the equality of the negro witli ourselves and our children, and dooming us, in the end, with murderous certainty, to all the horrors of insurrection and sei'vile war." He holds: " that to imprison slavery forever in the States where it now exists, will, in time, overburthen the land with the predominating increase in the ratio of blacks to whites, until there will be a conflict for supremacy of races, and the blacks will be exterminated; or else the v/liite man must aban- don his country forever to the negro." I will grant the full force of this /car, though not the sufiioiency of this or any mere fear, as a cause to justify revolu- tion. The Union men of the North began to warn against the dawning of this dangerous geographical movement in 185G. They repeated then, and then not in vain, the farewell words of "Washington. From every press and hust-ing which a Democrat could command, this evil day was prophesied. But we ■were Cassandras. Unbelieving men derided us as doughfaces, and sneered at us as Union-savers. The patriotic Choate, in one of his weird and Vtondrous prophesies, in 1855, with the pain of anxiety and fear upon his brow, put on record his deliberate and inextinguishable opposition to this geographical party. lie regarded the contest then as the stupendous trial and peril of our national life. Admitting faults South and faults North, yet turning to the bat- tle years of the Republic and its baptism of fire, he shrank aghast at the moral treason of attempting to weave and plait the two north wings of the old national parties into a single northern one, and cut the southern wing off altogether, as neither far sighted nor safe, however new and bold. Let me give his state- ment of the complaint, for he stated it in advance as strongly as it can new ]>e stated : " To combine these parties thus against each other geographically — to take the whole vast range of the free States, lyiig together, sixteen out of thirty-cue, seventeen millious out of five or six .and twenty millions — the most populous, the strongest, the most advancing — and form them in battalion against the fe'«'er numbers and slower growth and waiuiug relative power on the other side; to bring this sectional majority under party drill and stimulus of pay and rations ; to ortVT to it. .as a party, tlie Government of our country ; its most coveted hon- ors; its lar;;-i'st s:llari.■^•; all its sweet;; of patronage and place; to penetrate and fire so mighty and so compact a ma-s with the still m.Te delicious idea that they are moving for human rights and the e'lualiiy of man : lo call out their clergy from the puliiit, the library, the bed- side of the tlyi:ig. the chair •.,• ; i, mi m, .ii- inquirer, the hearth of the bereaved, to bless such a crusade; to put in rc'i'iisii ;■": . ■ ~ i s of rhetoric and sophistry to impress on the general mind, the su!ilime and i'.i!; r j ' that all men are born free and equal; and that such a geographical jiarty is a w, ij .' .;r i m.-ans to that end— does this strike you as altogether in the spirit of Wasliinglim and Franklin, and the preamble to the Constitution, and the Fare- well Address'? Does it strike you iltiit if carried out it will prove to be a mere summer ex«ur- sion to Moso'.vV Will there be no bivouac in the snow, no avenging winter hanging on re- treat ; no Leipsie, no Waterloo ? Has the avenging winter indeed come! God in his mercy forbid ! That crusade failed in 1856. What a risk we ran then! It Bucceed«d in 8 1600. What a peril is now Bpon us! What a crusade it -was -which has pro- duced it! I well remember that my own llepuLlican competitor for this seat •was quoted in the Blackwood ]\Iairazine, with Tory delight, over the antisla- vei-y revolution which he preached in this House in lS.')f),"and which he would have ushered in with Bunker Hills, and other battle-fields of freedom.* But admitting the source of this great peri] to lie, in Republican ascend- ency: still, I ask, is it remediless in the Union? Admitting all you claim cf danger to your States from this sectional triumph; admitting" that j'ou are right in concerting for your own protection — yet is it right, lair, or just to rush forward, regardless alike of friends and foes, to a chasm where no guarantee can be asked or offered? Oive us one more chance to appeal to the returning reason of the North, now that it is startled by the fulfillment of these prophesies and warnings. If you do not, what then?' You will give to your enemies the advantage which belongs to j-ou and to us. They are already eager to seize the legislative as well as the executive departments. They talk of reforming the Supreme Court for their purposes. They who have taught aad practiced (lie breaches of civil discipline, are becoming'the conservators of' public order. On your retiring, they will filch from its old guard the ensign of the Constitution. Why, to break up this Government before a full hearing of the grievances, is to be worse even than Red Republicanism ! Shall it be said that some of our friends of the South are woi-se tlian the Red Communists of France? So it would seem, and so I will proceed to prove. Apprehension of evil ! It was the argument of despotism in France in 1851. Louis Napoleon used it for his bad piu'poses; but the French Republicans de- nounced it. Let me draw the analogy. In article fortj--five of the French Constitution, it was enacted: '•Le Presiilent de la Eeimblique est ehi pour quatre ans, et n'est reeligible qu'apres un in- tervalle de qualre aiineos." — Annnaire I/istorique, 1S4S, Appendice. p.'4:>. In article one hundred and ten, it was further enacted: "Lorsqne, dans la demicre annee d'une Legislature I'Assemblee nationale aura emis le voeu que la Constitution soil modiflee en tout ou en partie, il sera precede a cette rCNision de la maniere suivante. "Le voeu exprime par I'Assemblee ne sera conrerti en resolation definitive qu'apres trois deliberations successivcs, prises cliacune a un luois d'iutervalle el aa trois quarts des suffra- ges exprimes. "Le nombre des volants ne pourra etre moindre do einq cents." Thus, in 1818, Louis Napoleon was elected President for four years, the con- stitutional term. He was by the one hundred and tenth article, inelifirible to a reelection except after an interval of four yeai-s. His term would have expired in May, 1852. The summer of 18.51, in France, was signalized by vague ap- prehensions of a revolt, when the President should constitutionally go out. Under this apprehension the National Legislature were summoned to change the Constitution. It required three expressed ballots of the Assembly, taken at a month's interval, with three-fourths of the Assembly, and at least five hundred votes to be given, before that Constitution could be so changed -as to continue Napoleon in power. Hereupon arose a parliamentary struggle, une- qualed in any forum. It was before tlie giant intellects of France were exiled by the perfidy of its ruler. Here was a country like France, with sixty years of political vicissitude, wherein every tradition and compact had been viola- ted ; and yet even there, the Constitution of the new Republic was invested •with such^a sanctity, that it defied tlie majority of the Assembly to change it. The Lafayettea, the Hugos, the Lamartines, tiie African Generals, Lamoriciere, Changarnier, Cavaignac^ Bedeau, and Ltfio, struggled against this change, with an eloquence radiant with French fervor, and inspired with the genius of great deeds. Their President had sworn to be " faithful to the Democratic Republic, one and indivisible, and to fulfill the duties imposed by the Constitution." At length a vote was taken. There were 446 for the amendment ; only 278 against it; a uiajoi-ity of 168; but not enough; not the required three-fourths! The * " J:'peci'lio8 are made in wliioh icav to thi' death icith Sf'irtii/ is openly announoed as the only remedy for the evil wliicli they are threiiti'iu-d — 'Let ino say ti> you, my fellow-citi- zens.' said the lion. S. Galloway, of Ohin, at an irnmeiLse catherinj in New York, (in which, among the abolitionists, Thadi-us Hyatt fl;ruri'i>ut to eoine In collision — freoiloni and slaviry. The inii>stion is, which we sliall receive? [Loud eries of ' f'recilom ! '] Freedom, you say ; then labor and flghl, if need be, for ii.^'— Blackwood, Juli/, 1800, page lift. 9 arnfty President, finding he could not change the Constitution in the coustitn- tional manner, began to plj the popular will for his purposes. The Conseils GencTftux demanded, and two million people i>etitioned for the cliange. But the Republicans, moderate and red, stood their ground. Even Proudhon, blood- red Communist, from his prison of St. Pelagic, wrote to Girardiu that universal suffrage would liOt be price enough for such a breach of the Constitution. The great question was referred to a committee, of which De Tocqueville was chair- man, lie, too, withstood the pressure of power. The will of the minority, for whose protection constitutions are made, became, through the constituted mode of amendment, the will of the majority; nay, of the State. Just as nine States in this Union hold our Constitution in statu quo, against the will of the remainder. These 103'al Frenchmen appealed to the nation, against the ad- herents of the Bourbo'n, Orleans, and Bonaparte. " Xo," they said, "we will not give up the repose of France, at the price of quieting apprehension of fu- ture revolt." They thus confined the enemies of the Republic to the circle of the Constitution, from which they could not break without crime. They de- clared that the prolongation of the term of Napoleon was a crime, impious and parricidal. When it was said that Napoleon would override the Constitution with force in 1852, if not before, they answered: "Such a crisis wiil be revo- lution, arising fi-om a violation of the fundamental compact. lu that case we declare that, enveloped in the flag of France, we will do the duty which the salvation of the Republic imposes!" On the other hand, it was urged, as it is here urged, that if the Constitution was not broken, there would be daugers more fatal. By a fore-knowledge of disaster, it was urged that the end of Napoleon's term must be a convulsion, which the Assembly, acting on an apprehension, ought to bind in advance. To save him from perjury, a majority of the Assembly were willing to commit it themselves. So now, according to my theory, South Carolina would break the Constitution and her oath of fealty, in apprehension of an aggression which the President elect, even if he would, has no power to commit. The summer of 1851 passed in France. Again and again had the minority of the Assembly rescued the Constitution from civil dethronement. They tri- umphed in the forum of reason. But stay! In a night — in the midst of the deVjates of the Assembly — on that fatal December night, the usurper seized the reins of power, and like a thief, by a nocturnal surprise, he silenced every voice but his own, muzzled the press, struck down the Assembly, transported its leaders without judgment, made his Senate of mock Dukes, and surrounded himself with the bastards of his race. He illustrated the glory of a reign based on nullification, force, perjury, and fraud! And is this the banquet to which the American people is invited, by those among us who hate Red Re- publicans even worse tlian Black? Let the American freeman from this exam- ple remember this lesson : If political compacts like our Constitution be bro- ken, the limits of authority are eflaeed. Right succumbs to force. It signifies little whether such acts are done by Executive usurpation, military compres- sion, eongrcs-iional action, or State secession; the Government i's gone! States which will not keep inviolate the fixed principles of constitutional right, re- pudiate their own strength, assassinate tlieir own life, tarnish their own glory, and will receive and deserve the ill-starred fate of France! In whatever form these infractions may come, history has but one answer for their efi"ect. When law is defied successfully, division will come armed with tenfold terror. Force 'will be arrayed against force. The brute rules and reason dies. If not resisted, there is but one alternative: yokes of wood instead of cords of silk, and yokes of iron instead of yokes of wood. The red spectre of revolution, or the gen- tler movements of acquiescent infraction of the organic law. There is but one step from the Capitol to the Tarpeian rock. After centuries of brave struggle, thus France lost the Republic. What shall we say of America, with her sev- enty years crowded with the trophies of her success and greatness? Read the prophetic warning of Judge Story (vol. 2, p. 138, of his Life and Letters) in his introduction to his Commentaries on the Constitution: "The innuence of the disturbhig causes which, more than once in tlie Convention, were on the point ol' breaking' ui) tlio Uiii'>n, have since iinmoasurably increased in concentration and yigor. The very uii,i';l:!. - ' ;i im.m riii ::i. c. nf. ---.ily founded on a compromise, were then felt with a Mr' : r - i ..i' discontent, whether accidental or permanent, has sill i . i ■ m .iniul sense of these inequalities. The North cannot but j. !. i .<■ tiai ;■ Ik - ; i ,,!> 1 1.. ilir ^.lIltll a superiority of representatives, already amoimting to tweniy-tlvL', beyond its due propurtion; and the South imagines that, 10 with all this prcpoiiflcrancp in representation, the other parts of the Union enjoy a more per- fect i)roieL'licjn of tln-ir interests than her own. The West feels her jrrowinjr power anil weight in tlje Union, and llie Atlantic folates begin to learn that the sceptre must one day depart from them. If. under those circumstances, the Union should once be broken up, it is impos- sible that a new Constitution sliould ever be formed embraciui: the wli..le territory. We shall be divided into several nations or confederacies, rivals in power and interest, too proud to brook injury, and too close to make retaliation distant or ineffectual. Our very animosities ■will, like those of all other kindred nations, become more deadly, because our linease, laws, and language are the same. Let the history of the Grecian and luilian Kepublics warn us of our dangers. The national Coubtitution is our last and our only secuiitv. United we stand, divided we fall." Ah! it is easier to coramit than to justify such a parricide! But to justify it on an appreliension, is neither courat^eous nor safe. Let South Carolina be- ware!* God is just and hi.story inexorable. In leaving the ensign of the stars and stripes, she will find no repose beneath her little paltn. It is from Augus- tus to Auguut I will vote for either, for they answer every reasonable demand with respect to the fugitive slave law, slavery in this District, and on other point?. In reference to the Territories, the hovier projet provides: "That tlieline of thirty-six degrees thirty minutes shall be run througli all the exisUnjc territorv <>( the United States; that in all iio'rth of that line slavery shall bt- prohibited, and Uiat, soiith of tliat line, neither Concress nor the Territorial Lefrislature shall lierealXer pase any law abolishing, prohibiting, or in any manner inlerforing with African ^avery. and that, when any Territorv containing a sufllcient population for one member of Congress in any area of sixty thousand snuare miles, shall apply for admission as a State, it shall be admitted, with or without slavery, as its constitution may determine." But, if this will not answer, let the proposition of Mr. DorcLAS or Mr. Rim be adopted. Nay, further, if it be the only alternative to preserve this Union, I would vote for the proposition of Mr. Crittkn^kn. Much as I dislike, in this age of progress, an irrevocable law, still I would write it' in the Constitution, if thus ouly you can preserve that instrument. It provides for an irrevocable division of' the territorj'. The President says of it: "The proposition to compromise, by letting the North have exclusive control of the terri- tory above a certain line, and giving southern institutions protection below that line, ought to receive universal approbation. In itself, indeed, it may not be entirely satisfactory; but when the alternative is between a rcasonalile concession on both sides, and die ilestruction of the Union, it is an imputation on the patriotism of Congress to assert that its members will hesitate for a moment." Shall this appeal for compromise be ineffectual ? It may be a sacrifice of northern sentiment. But, sir, the conservative men will sacrifice much for the Union. Sacrifice and compromise are convertible terms. They are words of honorable import. The oue gave us Calvary, the other the Constitution. No- thing worth having was ever'gained without them. Even the father compro- mised with the prodigal son, despite the meanness of the elder brother. He saw him afar off, ran to him, and, with the evidences of affection, restored him to his heirship and honor. Sacrifice for our political salvation! Heaven will smile upon it. The dove of peace will rest upon it. If the Republicans will only lend us a few of their conservative votes in this House, wo will do oar part to make compromise honorable. If you dislike the word compromise, and are content with the offices and power it will insure you, very well. You may bear away the booty, we will carry the banner! We will not quarrel, nor need wo taunt each other. You may enjoy the honors and patronage of administration ; to us will belong the laureled crown of the revolution, and thuc eivic wreath of the great convention! Our southern friends do not know the Republicans as we do. They will be content with the tricks, and, I trust, allow us tlie honors. They will be as harm- less in office as most men are. When Gkn. Wilson talks of grisiding the slave power to powder, he never intends to use the powder, only to enjoy the power. (Laughter.) When the gentleman from Illinois (Mr. Lovejov) would spoak to the God of battles, he is only praying to an unknown God. (Renewed laughter.) When Senator Wai>i:, at Belfast, Maine, four years ago, proclaimed that there was no Union, that the pretended Union was meretricious: and when he pro- posed to drive "slavery back to her own dark dominions, and there to let her rot, and damn all who foster her," he was only illustrating that Christian sweet- ness of temper and fragrance of sentiment which now is offered up as incense on the only altar lie knows — that of a meretricious Union, whose shew-bread he would eat and whose precious emblems he would plunder ! The John Brown and IIel|)er characteristics are convenient garments among them, to be put on to proselyte the churches and the old women, and to be put off to please wide- awakes and old Whigs. They do this for office. They do not think of it5 effect upon the South. Itis a trick to be ignored when in offioe._ These defiant men at home will become sucking doves in power. It is not instinct to fight over provender. If the South could understand them, and not take them at their •word too rashly. 13 It is said that the reason why the South opposes the rule of Eepublicanism is, that tlieir tenets are misrepresented at the South. I will not now show yon ■what they profess at home. I hope they will fully disavow, under the compo- sing sweets of fat jobs and offices, their bad acts and worse avowals when out of office. And is there not reason for hope? Patience! already they are willing to forego their congressional provisos against slavery. Tl^ey hsi'Te already proposed to drop intervention by Congress. They are willing to accept 'N'ew Mexico as a slave State. Courage, gentlemen ! I do not taunt, I applaud, this spirit of conciliation. Tlie Republican party would enjoy its power. In this it is not peciiliar, perhaps. It is a way men and parties have. It. will remember tliat to retain power — in the matter of personal liberty bills, non-delivery of ci'iminals, judicial decisions, and other aggressions on the Constitution, these 'Strongs cannot stand. It is as revolutionary to try to keej> such things as they are, as it is to upset the Government because of them. Tli^^rc is nothing so convulsive or unnatural as the strain to keep wront'; in thi' :>.-<-■,- ],r]r.:)\. Mr. Lin- coln in tlijj White House may not be the rail-split (^-r ; '<■. ^\l)raham, in faith, may ofier up his "irrepressible" offspring. (J. r.-, -;!;:'•:.) Ilewillbea conservative, with a total oblivion of the radical. The one will ' ' ■ I'l'icl " with the other; and the former will become all one thing, without t;' ■ i. ;. I tliink he will disappoint the South as much as he will the a,bolition v, id.; ■.' iiiv i>i;rty. In their Sumner speeches and in their abolition platforms, it v, uii'd seem as if the Republicans would buld this Union together by the runnintc nnuse of .John Brown gibbets; but when they approach the august ]>'■■- ■ ■ <" power, and undertake to rule tliirty-one millions of people, as uIm ■ :,i1ed here, they hold up the fasces of t-he Republic and wonder v.ii v iiderstood or misrepresented their innocency! Tlieir sueee-s is the result of passionate appeals. Passion soon subsides. This is the old and avowed means of the anti-slavery party. It began in England, as you will see by the London Times of November 3, 1 :^"?, ' ' ' od orators went over Britain, under pay of an anti-slavery prop:i was then said that Geoi'ge Thompson, who was sent to this coui. , ■ .ostle, was "the very lecturer we want, because his lectures are ad of reconciliation, wo can, with pure hearts, appeal to Heaven for the justice of our cause." "When you have drained the cup of reconciliation dry and have not justice, you tvill find a majority of northern men ready to fight your battle on our ground. Mever, never will the Detnocrats of Ohio, so long a3 their Republican governors, legislators, and judges, do not retrace their steps and do justice to the Constitution which they have annulled; never will these Democrats, the best, I will not say the onh/ fighting element of Ohio, thrust Republican wronga down the throats of the South at the point of the bayonet! Am I answered that no such wrongs exist? If there be an Ohio Republican on this floor who 80 answers, I throw down the glove and will lift the veil from the spotted lep- rosy of our Republican rule. I will not sit here in silent acquieBcence of the disgraceful conduct of my own State. I have no State pride in thmaction of our legislative, judicial, and executive ofhcers. Let the supporters or Brinker- hoff, Sullirf, Dennison, and their companions, take up the glove 1 If they would call South Carolina to accoAint, let them first remove the beam from their own eye. The}" never can, while spotted with moral treason and guilty of deliberate nullification, make Ohio Democrats the tools of their vengeance, never — never I When they denounce the mad precipitancy of the South, let them remove its cause ! Iknow and ponder what I say. You will have justice if you will have patience and permit reconciliation ; and if you do not get it then, after a fair trial, you will have immunity from northern attack. Whatever the legal powers of the Federal Government may be, they derive all their efficiency from the popular will. The Constitution gives the Govern- ment force to execute the law; but it isii force, after all, which resides in the people, and which they will withhold in an unjust cause. We have no Army to execute the edict of Republican injustice. Our bayonets think. We have in the West, beneath a sheathen roughness, a keen sabre ready to flash in de- fence of the Union to which our peojde owe so much, and which is the best be- loved of their heart. And if no time be left for conciliation ; if you of the South desert your friends and the Union to their fate; if you leave to be decided but the one ^reat overmastering problem, Union or disunion; if in the presence of this hard solitary question, they are left to decide it, and peril come from their decision, which conservative men cannot avert, there will ring out from the yearning patriotic heart of the mighty West, it m&j be in agony and despair: the Union, now and forever, one and indivisible — it must and shall be preserved! I warn the Republican party that tliey will need the aid of the patriotic men of the North to sustain their "Executive. This revolution is reserving its more eflfectual overt acts for Republican rule. What then ? It will have become strong by cooperation. No Republican Administration can enforce the law, unless the Republican State authorities first place themselves right before the people, and reconstruct the moral bases of their Government?. By the 4th of March, South Carolina will have the Gulf States united. It will appeal to that economic law which is stronger than sentiment. B}- i«s appeal to the interests of the cotton States it will succeed in securing cooperation. Before we enter upon a career of force, let us exhaust everj- efi'ort at peace. Let us seek to excite love in others by the signs of love in ourselves. Let there be no needle-=s |n-ovocation and strife. Let every reasonable attempt at com- promise be ciinsidered. Otherwise we have a terrible alternative. War, in this age and in tliis country, sir, should be the ultima ratio. Indeed, it ma}' well be questioned whether there is any reason in it or for it. What a war! End- less in its hate, witjiout truce and without mercy. If it ended ever, it would only be after a fearful struggle; and then with a heritage of hate which would forever forbid hnrmonj'. Ilenry Clay forewarned us of such a war. His pic- ture of its consequences I recall" in his own language: " I will not nttem;it to describe scenes which now happily lie coneealsd from our view. Abolitionists thcnisi'Ivcs would shrink back in dismay and horror at tlie contemplation of desolated fluids, conflajrratcd cities, murdi-rcd inlmhilants, awd tlit" overthrow of the fairest fabric of human government that ever rose to aniinuto tlic hopos of civili/.od man. Nor should the AboliUonists (latter thonisclvcs that, if tUi-y can snci^ed in llu-ir oJiJoot of uniting the jicoplo of the free States, they will enti-r llio conto-t with nuuuTical t-upiriority that must Insure victory. All history and experience proves the lia/.ard and \iuoertainty of war. And wo are admonished by llo'ly AVrit that the race is not to the swift, nor the battle to the strong. 15 " But if thev were to conquer, whom would they eonqner ? A foreign foe— one who had in- sulted our fla>i, invaded our shores, and laid our country waste? No, sir; no. It would be a conquest without laurels, without elory— a self, a suii-idal eonquest-a conquest of brothers over brothers, achieved by one over another portion of thedescendents of common ancestors, who nobly pledging their lives, their fortunes, and their sacred honor, had fought and bled, side by side, in many a hard battle on land and ocean, severed our country ft-om the British crown, and established our national independence." Such a war is the almost unavoidable result of a dissoluiion of this Confed- eracy. Mr. Madison (N'o. 61, Federalist) urged as a reason for the Union, that it destroyed every pretext for a uiilitary establishment; "but its dissolution,'* said he, " will be the date of a new order of things. Fear and ambition would make America copy Europe, and present liberty everywhere crushed between standing armies and perpetual taxes." He augured for a disunited America a ■worse condition than that of Europe, Would it not be so ? Sm.all States and great States; new States and old States ; slave States and free States; Atlantic States and Pacilic States; gold and silver States; iron and copper States; grain States and lumber States; river States and lake States ; all having varied intei'ests and advantages, would seek superiority in armed strength. Pride, animosity, and glory, would inspire every movement. God shield our country from such a fuffilhnent of the prophesy of the revered founders of the Union. Our strug- gle would be no short, sharp struggle. Law, and even religion herself, would become false to their divine purpose. Their voice would no longer be the voice of God, but of his enem3^ Poverty, ignorance, oppression, and its handmaid, cowardice, breaking out into merciless cruelty; slaves false; freemen slaves, and society itself poisoned at the cradle and dishonored at the grave — its life, now so full of blessings, would be gone with the life of a fraternal and united State-hood. What sacrifice is too great to prevent such a calamity? Is such a picture overdrawn? Already its outlines appear. What means the inaugural of Governor Pickins, when he says, "from the position we may occupy towards the northern States, as well as from our own internal structure of society, the government may, /roHi necessity, hecoyne strongly inUitariJ \n its organization?" What means the raiaute-men of Governor Wise ? What the southern boast that they have a rifle or shot-gun to each family ? What means the Pittsburg mob? What this alacrity to save Forts Moultrie and Pinckney ? What means the boast of the southern men of being the best arm.ed people in the world, not counting the two hundred thousand stand of Uuited States arms stored in southern arse- nals ? Already Georgia has her arsenals, with eighty thousand muskets! What mean these lavish grants of money by southern Legislatures to buy more arms? What mean these rumors of arras'and force on the Mississippi ? These few facts have already verified the prophesy of Madison as to a disunited Republic. Mr. Speaker, he alone is just to his country; he alone has a mind unwarped by section, and a memory unparalyzed by fear, who warns against precipitan- cy. He who could hurry this nation to the rash wager of battle, is not fit to - hold the seat of legislation. What can justify the breaking up of our institu- tions into belligerent fractions? Better this marble Capitol were leveled to the dust; better were this Congress struck dead in its deliberations; better an immolation of ever}- ambition and passion which here have met to shake the foundations of society, than the hazard of these consequences! As yet, I do not believe that the defensive conduct of the Executive involves these consequences. Nay, I hope tliat firmness in resisting aggression, with the kindness which he has endeavored to show, may do much to avert them. Certainly weakness and indecision now will not avail to check the rising tide of public sentiment, and preserve the public peace. I agree with much that my friends from Illinois, (Mr. McClernand,) New- York, (Mr. SitKLEs,) and Ohio, (Mr. Vallaxdigham,) have ^id as to the inter- ests, dignity, and rights of their own sections. I will not now go into any calculatiou"or contemplation about the results of a disseverance of this Union. Long may it be averted — that picture of Ohio, as the narrow isthmus between a broken East and a divided West, with a hostile southern border! Long may it be averted— that sad picture of New York, a great free emporium, trading to all the world, %nd closed against the interchange of her own inland ! We have gloom enough without these new schemes of division. I invoke the bet- ter spirit of him who never spoke so truly prophetic as a statesman, as when he combined in his speaking the great truths of a comprehensive political economy — as when Washington said: IC • "Iq contemplating the causes which maydistorb onr Union, it occurs as a matter of serious concern thalaii) grouiKl bliould have been furnisliKl for chanicteriziug panics by geographical discrimination!*, norlhein and southern, Atlantic and western, whence designirifr nieu may endeavor to incite a belief tliat there is a real difference of local interests ami views. Tou cannot shield yourselves too much against the jealousies and heart-burnings which spring iVuiu the-^c mi.'reiircscntiitions. They tend to render alien to each other those who ought U) be bound tO|.'etlicr by fraiermil affcciion." In these days of anticipated trouble, vrheri financial disaster tracks the step of political infidelity; when the violatitn of compact is followed close by the intemperate zealotry of revoUition ; whi n even the property of our Union is seized, and our fiatr is torn down imder its impulses; when, as if premonitory of some great sacrifice, the veil of our political temple seems rent, and the earth about us quakes, and the very graves give up their dead, who comes forth to wain, beseech, advise, and 'moderate, in this hour of our countrj-'a deepest gloom and peril, let us heed with an all-embracing and all-compromis- ing patriotism, the warning of Washington, whose voice, though he be dead, yet epeaketh from yonder tomb at Mount Vernon, and whose august presence I would summon iiere as the Preserver of that country whose greatest pride it is to hail him as its Fatder! In his sacred name, and on behalf of a people who have ever heeded his warning, and never wavered in the just defence of the South as of the North, I appeal to Puuthern men who contemplate a step so fraught with hazard and strife, to pi'.use. Clouds are about us! There is lightning in their frown! Cannot we direct it harmlessly to the onrth ? The morning and evening prayer of the people I speak for in such weakness, rises in strength to that Supreme lluler who, in noticing the fall of a sparrow, cannot disregard the fall of a nation, that our States may continue to be — as they have been — one ; one in the unreserve of a mingled national being; One as the thought of God is One! [Here Mr. Cox's hour expired; but, by unanimous consent of the House, he was allowed to go on and conclude l.is reinarks.] These emblems above us, in their canopy of beauty, each displaying the Bymbol of Slate interest, State pride, and State sovereignty, let not one of them be dimmed Vjy the rude breath of passion, or effaced by the ruder stroke of enmity. They all shine, like stars, differing in glory, in their many hued splendors, by the light of the same orb, even as our States receive their lustre from the Union, which irradiates and glorifies each and all. Our aspirations and hojjes centre in the proud title of American citizen. ■WTiether we hail fmm the land of granite or the everglade of flowers; from the teeming bosom of the West, the sea waf-hed shore of the East, or the gold- bearing sierras of the Pacific slope — all are imbound by the sanj^ rigol of 'American patriotism. Abroad, at home, in palace or in cabin, in ship or on land, we rejoice in tluit proud dii«tinction ef Aiuerican citizen. We look upon our nationality as the actual of that ideal described by Ediriund Burke iu a strain of finisi"3d eloquence and sublimest philosophy — as something better than a partnership in a trade, to be taken up for a temporary interest and di* solved at the fancy of the parties. We look upon it Mith other reverence, becatise it is not a partnership in things subservient only to a gross animal existence of a peri.4iable nature. It is a partnership in all scioucc ; a partner- ship in all art; a partnership in every virtue and in all perfectioii. As the ends of such a i>artiiership cannot be obtained iu many generations, it becomes a partnership not only between those who are living,"but between those who are living, tho.^e who are dead, and those who are to be born. Each contract of each Stat<: is but a clause in the great priiueval contract of eternal society, linking the lower with the higher natures, connecting the visible with the in- visible world, according to a fixed compact, sanctioned by the inviolable oath which holds all physical, all moral natures each in their appointed place. TliAts, regarding our nationality as more than a life, as the assBeiation of many lives i"n oiie, as an immortality rather than a life, the people of this country will cling to it with u tenacity of purpose and energy of will as to the very cross of their teini)oral salvation, and revere it as the impersonation of their sovereign upon earth, whose tJirone is this goodly land, and whose mighty minstrelsj', ever playing before it, is the voice of au'intelligent, happy, and free people ! Printed by Lemuel Towers, at ^1 00 per hundred copies. 54 r *5>*^V "J^^^SfS?*- ^♦^'V -. -JVC,. ;* .4.^ ^0^ 4^ ♦ • , • .0 ''a, * • V ^^0^ 5o^ ; ^^6^ °^ 'J • . 'o. .4^ .o«JL**. 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