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 CONSTITUTIONAL MANUAL 
 
 FOR THE 
 
 Vattmwl 
 
 N WHICH IS EXAMINED THE QUESTION OF NEGRO SLAVERY IN CONNEXION WITH THE CONSTITUTION 
 
 OF THE UNITED STATES. 
 
 BY A NORTHERN MAN, WITH AMERICAN PRINCIPLES, 
 
 PROVIDENCE: 
 A. CRAWFORD GREENE & BROTHER, PRINTERS, 
 
 185C. 
 
A CONSTITUTIONAL MANUAL. 
 
 *" " If ye seek to shake off your allegiance tu Pome, ye Germans, we will Lring things to 
 *uch a pass, that ye shall unshrath the sword of extermination against each othe r , and perish 
 in your own blood. " The Pope s Nuncio to the Germans. D AUBIGNE. 
 
 CAMB RIDGE HEAD QUARTERS, ? 
 July 17th, 1775. $ 
 
 GENERAL ORDER. The General has great 
 reason to be displeased with the negligence 
 and inattention of the guard who have been 
 placed as sentinels on the outposts men 
 whose character he is not acquainted ivith. He 
 therefore orders that for the future, none but 
 NATIVES OF THIS COUNTRY be placed on guard 
 as sentinels on the outposts. This order to 
 be considered a STANDING ONE, and the offi 
 cers to pay obedience to it on their part. 
 
 (Signed) FOX, Adjt. of the Day. 
 
 Countersigned Exeter, 
 
 Pay-roll, Dorchester. 
 
 Such was the order issued by the Father of 
 his country in the days that "tried men s 
 souls : " and it was to be a STANDING order ! 
 Do you hear that AMERICANS ? 
 
 IT WAS TO BE A STANDING ORDER ! No hy- 
 
 pocritical whining about the virtues of " adopt 
 ed citizens " was heard from the lips of the 
 whole soul d WASHINGTON ; it was enough 
 that he was not acquainted with the, character 
 of foreigners, and he would not jeopard the 
 cause of his country, by trusting it to their 
 keeping. 
 
 Again see the moral that is embodied in 
 this memorable standing order repeated by 
 WASHINGTON in his farewell address. " A- 
 gainst the insidious wiles of foreign influence 
 (I conjure you to believe me, fellow citizens,) 
 the jealousy of a free people ought to be con 
 stantly awake, since history and experience 
 prove that foreign influence is one of the most 
 baneful foes of republican Government." 
 
 And think you, Americans, if Washington 
 could now be with us, his penetrating mind 
 would not quickly comprehend the true CAUSE 
 of the present distraction in the Union ? Would 
 
 \ he, think you, be long in perceiving that the 
 question of domestic slavery is but the MEANS, 
 not the real CAUSE of our difficulties and our 
 
 : dangers? and would not his discriminatng 
 mind at once trace these to their source ; and 
 
 j a glance of his eagle eye detect in it the hand 
 of the foreign potentate who wields the sword 
 whose " HILT is AT ROME AND ITS BLADE 
 
 ! EVERYWHERE." 
 
 Yes, Americans, we should again hear his 
 : voice raised in solemn warning : " Beware, A- 
 ! mericans, of the insidious wiles of foreign influ- 
 1 ence I conjure you ; your country is filled with 
 i the secret emissaries of foreign despots, the jes- 
 ! uit priesthood of Rome, the most BANEFUL 
 
 : FOES OF REPUBLICAN GOVERNMENT. They 
 
 have seized upon the question of domestic sla- 
 I very to sow your land with dissention, to ar- 
 | ray section against section, and are secretly 
 1 plotting in every nook and corner of the Union 
 
 I TO ENFEEBLE THE SACRED TIES THAT NOW LINK 
 ! TOGETHER THE VARIOUS PARTS, and unless 
 
 ! speedily rebuked, will embroil you in civil 
 i strife and quench your liberties in fraternal 
 ! blood. AROUSE yourselves, fellow country- 
 j men, FROWN INDIGNANTLY upon tlieir wiclc- 
 \ ed derigns, keep the most vigilant watch against 
 their insidious iviles and place none but 
 
 | NATIVES OF THE COUNTRY ON GUARD ! " 
 
 And if that true friend of Washington, of 
 I America and of the rights and liberties of all 
 1 mankind, the great and good La Fayette could 
 now behold the elements of strife that are at 
 work in our country, he too would discern the 
 true source of our troubles, and pointing to the 
 thousands of foreign Jesuit emissaries that 
 swarm in every portion of the States, again 
 mournfully excl-u m, " Yes, my fearful forebo 
 dings were indeed too prophetic of the truth, 
 
 " IF THE LIBERTIES OF AMERICA ARE EVER DE 
 STROYED IT WILL BE BY RoMISH PRIESTS." 
 
 t 
 
to npife in thei detestation- of slavery peal from such a source? will they indeed 
 r o f the body or the mind; under every rather heed lhe traitorous counsels of Anti or 
 
 form, I abominate the brutalizing, man-de 
 stroying monster. To free my country from 
 the curse of negro slavery I would gladly con 
 tribute the half of all the worlds goods I pos 
 sess : nay more I feel that if the responsibili- 
 
 Pro Slavery incendiaries or that of any other 
 " internal or external enemy " of our Union, 
 than to be guided by the last words of Wash 
 ington ? Woe ! Woe ! indeed, awaits our 
 country when Americans shall have become 
 
 ty was cast upon me, to ensure such a result, so perverted, so blind to their duties and their 
 I would sacrifice ALL that I possess. I would interests as to be led by such men as these, 
 trust an infant-orphaned family to the pro- j however covertly and insidiously " they 
 tection of Divine Providence, and relying in j may approach " the palladium of our political 
 His goodness, now in the decline of life, go ! safety and prosperity." 
 
 forth homeless and penniless into a world 
 which nearly sixty years experience has taught 
 me to know full well. All this I feel that I could 
 
 And yet, are we not threatened with this dis 
 graceful fate? For one, I believe that nothing 
 will preserve us from falling a prey to the snares 
 
 do. But yet to accomplish such a result I i that are spread in our midst by the emissaries 
 
 would not consent to sacrifice the union of . of foreign potentates, but the formation of a 
 these states. At this price even the boon of great NATIONAL American party. Its motto 
 negro freedom would be purchased at too dear 
 a rate. Faulty and imperfect as our national 
 
 institutions may be, let them be overwhelmed 
 or destroyed, and the cause of Universal Free 
 dom will be thrown back for centuries of 
 years. 
 
 should be " Our Union must be preserved" 
 " Americans must rule America." It should 
 know no North, no South, no East, no 
 West, 
 
 If Americans were as patriotic now as they 
 were in the early days of our republic, under 
 
 The bare thought of a dissolution of this present cicumstances such a party would spring 
 Union, should never be permitted to rest in spontaneously into existence. They would 
 an American mind. It should be held a trea- j on* and all arise in that strength whiji conciovt 
 
 virtue gives, and instead of listening to the 
 covert and insidious " appeals of traitors who 
 
 sonable act to give it place there. Its mo 
 mentary presence will work pollution. In 
 
 the language of the immortal Washington, in i are using the question of slavery as an engine 
 that memorable and touching farewell address j to work our destruction, they would "inclig- 
 to his countrymen, already alluded to, "As j nantly frown upon the first dawning of anyat- 
 thisis the point of our political fortress, against i tempt to alieniate any portion of our country 
 which the batteries of internal and external j or to enfeeble the SACRED ties which now link 
 enemies will be most constantly and actively, j together the various parts," under any pretence 
 though often covertly and insidiously directed, : whatever. 
 
 It is of infinite moment that every American 
 should properly estimate the immense value 
 
 And in spite of what Anti-Slavery or Pro 
 Slavery demagogues traitors or fanatics may 
 
 :of the National Union, to our collective and j say, such a party may be formed without the 
 individual happiness : he should cherish a j surrender of a single principle, whether moral, 
 cordial, habitual, and immoveable attachment I religious, civil or political. I hesitate not to 
 to it ; he should accustom himself to think I say that a calm and dispassionate examination 
 and to speak of it as a palladium of our polit- i of the whole subject of negro slavery as it ex- 
 ical safety and prosperity ; he should watch I ists in these United States will convince any 
 for its preservation with jealous anxiety ; he j honest, truth-seeking American citizen of the 
 should discountenance whatever may suggest j truth of this. Startling as the assertion may 
 even a suspicion that it can in any event be } seem, such will find that from the very corn- 
 abandoned, and indignantly frown upon the j mencement of the agitation of the question in 
 first dawning of every attempt to alieniate any j congress, the course pursued by the North 
 portion of his country from the rest, or to en- ; in relation to domestic slavery has been almost 
 feeble the sacred ties that now link together wholly wrong. 
 
 the various parts." 
 
 Who that reflects on the present distracted 
 
 I say that our union may be preserved by 
 the formation of such a party as I have named 
 
 condition of our country can doubt that Wash- j without the surrender of any principle, either 
 ington was in a degree inspired when he thus j moral religious civil or political. Negro 
 poured out as it were all the affections and | slavery, the rock on which our union is to 
 
 solicitude of his heart and soul in this memora 
 ble last warning to his countrymen. How ten- 
 
 split is not the only evil in the world, for w 
 read that " the whole world Iveth in wicked- 
 
 derly, how earnestly does he beseech them to ness ;" but yet, the better portion of mankind 
 
 are not required by any law either human or 
 
 guard the privileges he had sacrificed the best 
 portion of his life to secure to them. 
 
 And j divine to run a muck for its extermination. 
 
 will Americans turn a deaf ear to such an ap_ The Divine founder of our religion inculcated 
 
no such doctrine as this. He distinctly taught its sovereign authority on original powers de- 
 that we should not overcome evil with violence rived from the people. Whatever these might 
 but with good. be, the exigencies of the times did not admit 
 
 The moral sense of the North it is true is of congress meddling with the question 
 often shocked in contemplating instances of of negro slavery. Its members had enough to 
 cruelty and oppression tint originate from the do to keep from being reduced to slavery 
 hateful institution of negro slavery. . In read- , themselves. 
 
 ing BOtnc of tlies:- as dot riled by Mi ^s Beecher The draft of a new form of government en- 
 in the Kev to her work entitled Uncle Tom s titled "Articles of Confederation and Perpetual 
 log Cabin, I confess that occasionally a feeling union between the states," originating in Con- 
 much akin to " letting slip the- dog,^ of war" gross, was adopted by that body 15th of Nov. 
 arose within me; but upon reflection I was 1777, and a circular letter sent to the several 
 forced to confess that abuses equally great oc- stites " requesting them respectively to au- 
 cur among us. In truth I would t ike it upon thorize their delegates in congress to subscribe 
 myself to collect an authentic narrative of out- ! to the same in behalf of the States." Jealous 
 rages, -wrongs and cruelties equally numer- l however of their individu il rights, the states 
 ous and atrocious in character as those detail- . were slow to act : but finally in 1778 it was 
 ed by Miss Be?cher, out of the abuses that j ratified by all the states except Delaware and 
 hive occurred within the h*t thirty years in j Maryland and eventually by J )elaware in 177<J 
 the asylums and poor houses of the little State j and by Maryland the 1st of March, 1781,when 
 
 of Rhode Island alone. 
 
 And I would further take it upon myself to 
 exhibit, a code of laws tint was instituted, and 
 until htcly, practised upon, for the govern- 
 
 the confederated government supcrcedcd the 
 revolutionary government." 
 
 Under the " confederation " each state was 
 to "retain every power, right and jurisdiction, 
 
 ment of a community of free white persons in ; not expressly delegated to congrcs V" Most of 
 the same State, tint will equal, if not surpass j the powers (if powers they may be called) dele- 
 
 in enormity any code that was ever insti 
 tuted bv a Southern State for the govern 
 ment of negro slaves. I doubt not that in all 
 the Northern St.ites countlc <s abuses of the 
 same character might be collected by any per 
 son who would tike the trouble to look for 
 instances of wrongs inflicted on the poor and 
 
 gated by the States to Congress required for 
 their exercise the assent of nine, and others 
 that of the whole thirteen states. 
 
 The Confederated like the I (evolutionary 
 government, grew out of the exigencies of tl it- 
 times and was only adapted to them. It was 
 rather an alliance than a union and depended 
 
 Ii3lpless in communities nearer home than j almost entirely upon the spontaneous patriot- 
 Georgia or Louisiana. 1 ism of the states and people to give the least 
 Sound morality requires tint reformation j force to its decrees. Congress (says an emi- 
 Miould b?gin at home, and true religion tea- ! nent writer of the times,) " possessed no pow- 
 ches that we must take first " the be.nn out of j er to levy any tax, to enforce any law, to se- 
 
 mote cure any right, to regubte any trade, or even 
 I the poor pcrogative of commanding means to 
 pay its own minister at a foreign court. They 
 could contract, debts, but they were without 
 means to discharge them. They could pledge 
 the public faith ; but they were incapable of 
 redeeming it. They could enter into treaties : 
 
 our own eye, before we seek to cast the 
 out of our brother s eye." 
 
 Before and after our Union was formed, ne 
 gro shverv was not limited to its Southern 
 ortion. Most of the Northern States were 
 ikewise cursed with the institution, and some 
 
 1 
 
 of them (Rhode Island at leist) had grown 
 rich by importing from Africi into the South 
 ern States the ancestors of the present race of 
 negro slaves, and there disposing of them un 
 der the protection of the laws of the mother 
 country, and in some instances in defiance of 
 the earnest remonstrances against the prac- 
 tic?, by our sister colonies. Great Britain at 
 that day not only permitted the American co 
 lonists to keep slaves, but compelled them to 
 receive them. 
 
 This was the state of tilings when on Sept. 
 4th, 1774, the Continental Congress first as 
 sembled, under what was called the revolution 
 ary government. This congress, which was 
 convened agreeably to a recommendation from 
 Massachusetts did not exercise any authority 
 in behalf of the respective colonies but restc tf 
 
 but every State in the Union might disobey 
 them with impunity. They could contract al 
 liances ; but could not command men and mon 
 ey to give them vigor. In short, all powers 
 which did not execute themselves, were at the 
 mercy of the States, and might be trampled 
 upon by all with impunity." 
 
 Another leading writer says : " By this po 
 litical compact the United States in* Congress 
 have exclusive power for the following purpo 
 ses, without bein^ able to execute one of 
 them. They may make and conclude trea 
 ties ; but can only recommend the observance 
 of them. They may appoint ambassadors ; 
 but cannot defray even tne expenses of their 
 tables. They may borrow money in then- 
 own name, on the faith of the Union ; but 
 
6 
 
 cannot pay a dollar. They may coin money ; ! 
 but cannot purchase an ounce of bullion. 
 They may make war, and determine what 
 number of troops are necessary, but cannot 
 raise a single soldier. In short, they may de 
 clare every thing, but do nothing." 
 
 About the time that the Confederated 
 Government went into operation, Virginia ] 
 and New- York had made cessions of cer- ! 
 tain territories to the federal government, 
 and at later periods, Massachusetts, South 
 Carolina, Connecticut and Georgia had follow- . 
 ed their example. Among the powers dele- . 
 gated by the States to the confederation gov- ; 
 eminent, ( " this shadow without the sub- \ 
 stance," as it was designated by Washington) ; 
 was that of disposing of the Western Territo 
 ry, in virtue of which authority, on the 13th j 
 of July, 1787, Congress passed an act or ordi- ! 
 nance, (as Congressional acts were then term- : 
 ed,) " for the government of the territory N. ! 
 West of the Ohio. 
 
 In this ordinance is contained what is desig- ; 
 nated " articles of compact between the origi 
 nal States, and the people and States in the 
 said territory," and it is enacted that these 
 shall " forever remain unalterable, unless by \ 
 common consent." Whatever right a Con- , 
 gress of the Confederation might have had to ! 
 conclude a compact in behalf both of the orig- | 
 inal States and the people of the national ter- 
 ritory, it seems difficult to conceive by what ( 
 authority it could compel States not yet in ex- j 
 istence to become, or be made parties to such i 
 a compact. 
 
 In this compact it is agreed by Congress 
 and the States yet lo be created, (not less than ; 
 three nor more than five,) that " there shall be 
 neither slavery nor involuntary servitude in \ 
 the said district, otherwise than in punish- j 
 ment of crimes whereof the parties shall have j 
 been duly convicted." It is also agreed be- j 
 tween the contracting parties, viz. : between j 
 the old thirteen States and the three or Jive \ 
 States not yet in existence, that " whenever | 
 any of the said States shall have sixty thous- ; 
 and free inhabitants therein, such State shall | 
 be admitted by its delegates into the Congress I 
 of the United States, on an equal footing with 
 the original States in all respects whatever; \ 
 and shall be at liberty to form a permanent , 
 Constitution and State Government : Provid- 
 ed the Constitution and Government so to be , 
 formed, shall be Republican, and in conformi- \ 
 ty to the principles contained in these arti- j 
 cles." 
 
 It seems hard to expkin the seeming con 
 tradictions and incongruities contained in this 
 act but it is unnecessary to attempt to re 
 concile them, as the authority by which they t 
 were created ceased to exist before any of the i 
 new States that were said to have entered in- | 
 to the agreement were called into being. 
 
 "A list of cases (says a nervous writer, quo 1 
 ted by Story,) in which Congress has been 
 forced or betrayed by the defects of the con 
 federation, into violations of their chartered 
 authorities, would not a little surprise those 
 Who have paid no attention to the subject " 
 Speaking of the territories, and in reference 
 to the ordinance of 87, the same writer says, 
 " Congress has assumed the administration of 
 this stock. They have begun to render it 
 productive. Congress has undertaken to do 
 more 5 they have proceeded to form new 
 States, to erect temporary governments, to 
 appoint officers for them, and to prescribe the 
 conditions on which new States shall be ad 
 mitted into the confederacy, All this has 
 been done without the least color of constitu* 
 tional authority/ 
 
 The presence of a common danger which 
 had hitherto impelled the States to sustain in 
 a degree the general government, being remo* 
 ved by a treaty of peace with Great Britain, 
 the confederation began to crumble like a rope 
 of sand, or rather " was apparently expiring 
 from mere debility," when, after consultation 
 with other States, and stimulated perhaps by 
 an alarming insurrection in Massachusetts, the 
 delegation in Congress from New- York, in ac 
 cordance with the instructions from the legis 
 lature of that State, moved a resolution, re 
 commending to the several States to tike 
 measures to revise and amend the Federal 
 Constitution, so as to make it adequate " to 
 the exigencies of the government and the pro 
 tection of the Union." This resolution was 
 passed, and on the 17th of September, 1787, 
 delegates from twelve States assembled in 
 Convention and adopted the plan of our pre 
 sent Constitution, and directed it to be com 
 municated to Congress. Congress having re 
 ceived the report of the Convention, unani 
 mously resolved, "that the said report, with 
 the resolution and letter accompanying the 
 same, be transmitted to the several legisla 
 tures, in order to be submitted to a conven 
 tion of delegates chosen in each State by the 
 people thereof, in conformity with the resolves 
 of the convention, made and provided in that 
 case." Conventions were accordingly held in 
 the twelve States, and the Constitution being 
 ratified by eleven of them, and Presidential 
 Electors, Senators and Keprcsentatives having 
 been chosen in accordance with its provisions, 
 Congress assembled under the new form of 
 government on the 4th of March, 1789. A 
 quorum however was not formed until the 6th 
 of April, when it was found that GEORGE 
 WASHINGTON, "first in war, first in peace, 
 and first in the hearts of his countrymen," 
 was unanimously elected President of the U- 
 nited States of America. When, oh when, 
 will the period again arrive in the history of 
 our country, when the virtue* of one man, and 
 
the wisclom and patriotism of a whole people, 
 will unite in producing such another result J 
 In November, 1789, the Constitution was 
 
 September, 1786, by five other States. Shay*a 
 rebellion also admonished the framers of the 
 Constitution that there were dangers as well 
 
 ratified by the people of North Carolina, and j as inconveniences attending the absence of an 
 in May, 1790, by those of Rhode Island, which effective Central Government Thus, with 
 
 ^ Chatybdis on the one hand, and Scylla on the 
 other, the fathers of the Constitution sought 
 to steer a middle course, and thus avoid cast 
 ing the Ship of State on either danger. But 
 like skilful and experienced pilots, the more 
 imminent the peril, the more resolute and 
 
 completed the union of all the thirteen States. 
 Hitherto the shifting, unstable foundations 
 of the general government of the Colonies 
 ^ind States, had been somewhat after the Per 
 sian s idea cf the foundations of the world, 
 which they used to allege reposed on the back 
 
 of a great elephant, which in turn stood on j decided were they in their course, and the 
 
 the back of a huge tortoise, which again was j firmer they grasped the helm. 
 
 sustained on the back of chaos, or something 
 
 quite as indefinite* Thus the confederacy 
 
 rested on the legislatures of the colonies or 
 
 States and the revolutionary government, - 
 
 which last mentioned, rested mainly upon 
 
 troublous times. 
 
 Unlike either of these apologies for a gov 
 ernment, the Constitutional government rests 
 on the suffrages of the whole people, of all 
 the States, as declared in their primary as 
 semblies. 
 
 Whatever may be its fate, its framers cer 
 tainly did not intend that it should, like its 
 .predecessor, " expire from mere debility*" 
 The powers conferred by the constitution on the 
 Federal government are few indeed, and in 
 tended to operate in general rather as a shield \ the people* But when once elected to that 
 than a sivord, but then they are absolute as j high station, it was never intended that he 
 far as they go. They are carefully, nicely de- should be kept in leading strings by his Elec- 
 ifined, but then ample powers are conferred to tors, or be held in any degree responsible to 
 carry them into effect. I them for his public acts; 
 
 No one can study that remarkable produc- ! The same instrument provides that Sena- 
 tion without feeling sensible that there were j tors shall be elected by the legislatures of the 
 ""giants in those days .-"-giants in intellect j States 5 but it is not intended by the spirit of 
 giants in political experience and sagacity I the Constitution that the authority oi* super- 
 
 4. r, Kli-. ...* A. rpl . 1 l_ * _ / A! _ l i A T 11 - ... i / * 
 
 The Constitution is no milk and water con 
 cern. In its provisions, feeble and vas- 
 dilating " may," but seldom appears ; whilst 
 bold and imperative " shall," avows its deter 
 mination in every section, almost in every 
 sentence* 
 
 The Constitution contains ample provision 
 to enforce all the acts that can be enacted in 
 accordance with itself, so long as the mem 
 bers of the government it constitutes remain 
 true to their oaths of office. In the discharge 
 of their official duties it was never intended 
 that they should be amenable to any other 
 tribunal than that of the laws. 
 
 The Constitution provides that the Presi> 
 dent shall be voted for by Electors chosen by 
 
 .giants in public virtue. The men who fram 
 ed the Constitution of the United States seem 
 ed to be well aware of what they were about* 
 They had just escaped from the iron rule of a 
 powerful, consolidated, and to them and theirs, 
 despotic government. They did not mean to 
 place the liberties of the people, dr the re 
 spective sovereign rights of the States in jeo 
 pardy by instituting one of the same character 
 on their own soil* On the other hand, the 
 
 vision of the legislature shall extend farther 
 than the performance of this elective duty, 
 any more than in the case of Electors of Pre 
 sident. 
 
 The Constitution also provides that the 
 members of the lower house of Congress shall 
 be elected by "the people of the several 
 States ; " but when thus elected, these are no 
 longer amenable to the people of the respec 1 
 tive States for their acts, but to the people of 
 
 dear-bought experience of those great men of 1 the United States, whose servants they are. 
 the Revolution, had taught them that there | The two houses of Congress and the Presi- 
 vvere many inconveniences and dangers to be | dent constitute in fact the Federal govern- 
 apprehended from the other extreme. In the i ment. In these reside the whole legislative 
 absence of a Federal government, with appro- | and executive power of the United States of 
 priate powers to conduct the leading national | America. During their term of office, every 
 
 concerns, common alike to all of the sovereign 
 States that composed the confederated Re 
 public, many difficulties and dangers were ra 
 pidly accumulating. Among others, the ne 
 cessity of some general law in relation to the 
 levying of duties on imports had been discuss 
 ed first in the legislature of Virginia, and sub 
 sequently in a convention held at Annapolis in 
 
 individual that compose these departments, 
 from the moment they take the oath to sup* 
 port the Constitution, become members of a 
 government of limited powers, but yet as 
 complete in itself, and as independent of the 
 respective States in the exercise of its powers, 
 as is the Emperor of Russia. These are 
 bound by their oaths of office to discharge 
 
their official duties solely with a view to pro 
 mote, not the local good of the respective 
 States, but the " general welfare of the Unit- 
 ed States." 
 
 The Constitution con templates that a Rep 
 resentative in Congress elected by the people 
 of Massachusetts, shall consider himself no 
 more responsible to his electors than he is to 
 the people of Mississippi. In fact every i 
 member of Congress, whether Senator or Re- . 
 presentative, is elected by the whole people 
 of the United States. In choosing these, the 
 legislature and people of the respective States 
 exercise a power not their own, but one that 
 is delegated to them by the whole people of 
 the United States, as set forth in the form 
 prescribed in the Constitution. When the e- 
 lectors of a State choose a representative of i 
 their own local legislature, they exercise a 
 right belonging to the people of the States ; 
 respectively ; but should they at the same : 
 time cast their votes for the election of a 
 member of Congress, they then exercise a 
 right belonging to the people of the United 
 States. 
 
 As used in the Constitution, the term "The 
 United States of America " is not intended to ; 
 be understood as a phrase, but as one word. I 
 It is not used to convey to the mind the idea ! 
 of a confederacy of States, but of one nation, j 
 It is simply one word of many syllables. 
 
 The . doctrine, of " instruction" that has ob- : 
 tained permanence and ascendancy in many 
 States of the Union, is heretical in its charac 
 ter, and calculated to confound and mystify 
 the line of demarcation that divides Federal 
 and State Rights, and which should ever be ; 
 kept clear and well defined, for the safety of I 
 both. No individual or party influence, "nor 
 seeming case of expediency, should ever tempt : 
 either the Federal or State Governments to 
 trespass over this line. Like wary navigators | 
 in charge of costly freights, both had better j 
 give a wider berth than is absolutely requisite | 
 to the dangerous reef, than risk collission by j 
 approaching it too near. 
 
 Whatever powers Congress under the con- 
 federation may have really possessed in regard ! 
 to legislating for the territories of the Union, i 
 it is certain that they expired when that form j 
 of government was superseded by the present i 
 Constitution. The latter inherited nothing j 
 from its defunct predecessor. Its framers i 
 had no intention that it should. They had al- j 
 ready experienced enough of the blessings of | 
 hereditary government, and hated its very i 
 name. All the powers possessed by Congress j 
 under that instrument, in relation to the ter- 1 
 ritories or any other matter, as before said, | 
 are distinctly defined within itself. Congress j 
 neither possesses nor can derive power from 
 anv other source than that conferred on it bv 
 
 the Constitution. Any thing contained fii the 
 ordinance of 1787, not consistent with the 
 provisions of the Constitution, became null 
 and void the moment the new government 
 went into effect. 
 
 Accordingly we find Congress as. early as 
 August 7, 1789, engaged in passing an ac . 
 entitled, "An act to provide for the govern 
 ment of the territory North West of the ()- 
 hio," the first clause of which reads thus : 
 
 "Whereas, in order that the ordinance of 
 the United States in Congress assembled, for 
 the government of the territory North West 
 of the river Ohio, may continue to have full 
 effect, it is requisite that certain provisions 
 should be made, so as to adapt the same to 
 the present Constitution of the United States, 
 Be it enacted," e. 
 
 Now unless the stream can rise higher than 
 its source, Congress had no power Fo give va 
 lidity to any of the enactments of this ordi - 
 nance of 87, that it had not constitutional 
 powers to enact itself. The confederated form 
 of government w r as established by the legisla 
 tures of the individual States, Voting in Con 
 gress was by States, not by individual mem 
 bers. The constitutional form of government 
 was instituted by the people of the States. It 
 follows that if the Constitution confers no po 
 wer on its Congress to prohibit domestic sla 
 very in States to be admitted into the Union 
 from the North West territory, that body 
 could have had no rightful authority to per 
 petuate or give validity to any act to the same 
 effect, that may have been passed under the 
 confederation, even supposing that its Con 
 gress possessed competent powers to pass 
 such an act. This makes a clean sweep of all 
 the prospective congressional legislation tliat 
 took place on the subject of negro slavery in 
 the North West territory, at least so far as it 
 is not in accordance with our present Consti 
 tution. All the sovereign rights that the 
 States of this Union ever have possessed, are 
 not and cannot be in the least impaired or di 
 minished (without an amendment cf the Con 
 stitution,) excepting so far as thejy have sur 
 rendered a portion of these to the Federal go 
 vernment for the " general welfare " of all the 
 States all the rights or powers thus conferr 
 ed, being explicitly defined and determined in 
 the articles of the Constitution. 
 
 That the right to r tain or abolish the insti 
 tution of slavery rem ined solely with the old 
 thirteen States respectively at the period 
 when the Constitution was formed, no one 
 will question. 
 
 As before said, many of the Northern States 
 were slave-holding States at the period of the 
 adoption of theConstitution. Most or all of them 
 soon abolished theinstitution : whether from 
 principle or expediency it is unnecessary to 
 
examine, as it will not be denied that all or | 
 any of these have the constitutional power to | 
 establish the same within their own borders | 
 at any time without hindrance or restraint j 
 from the federal government. No act of! 
 Congress could prevent this. Congress Iras 
 no constitutional right to prevent it. Con 
 gress would have as good right to enact that 
 the people of Rhode Island should not raise 
 Indian corn, as that they should not keep ne 
 gro slaves. What Congress has no right to \ 
 dictate to Rhode Island, it has no right to dic 
 tate to any other State of this Union. 
 
 There are other public evils of even greater 
 magnitude than negro slavery, that no branch 
 of the Federal government has any right to i 
 interpose its authority to prevent, in the wea 
 kest State or territory of this Union. Among 
 these are : religious liberty, freedom of speech 
 and of the press. 
 
 In spite of Congress, the people of the 
 State of Massachusetts may go back if they , 
 please to the days when their Endieotts, and 
 Winthrops, administered colonial laws for 
 drowning witches and hanging Quakers ; 
 whilst those of Maryland, might with equal 
 impunity re-enact the boasted code, given to 
 them by that great apostle of religious liberty, 
 Lord Baltimore, by which Universalists and 
 Unitarians were to be punished with death. 
 Now, whilst but a bare majority of the States 
 of the Union have abolished by law the insti 
 tution of Negro Slavery, all but one have in 
 serted provisions in their Constitutions, as 
 serting, and establishing the inalienable rights 
 of conscience, and perfect religious freedom. 
 But notwithstanding the almost entire unani 
 mity accorded by the respective States on this 
 momentous question, the legislature of Louis 
 iana may proceed at any time to enact laws 
 for the imprisonment of Bible readers, as is 
 now done in Italy, or to torture and burn the 
 same class of heretics, as was formerly done 
 in every Catholic country where the successor 
 of the fisherman held sway. Startling as it 
 may seem to some, Congress, nor any branch 
 of the Federal government, has any authority 
 to interfere with this sovereign right of a State 
 of this Union, as the Pope s emissaries were 
 no doubt well aware of, through whose influ 
 ence, religious liberty was left an open ques 
 tion in the Constitution of Louisiana, to be 
 more accurately defined when Popery became 
 more positively dominant within the borders 
 of that State, than it was when that instru 
 ment was ratified. 
 
 Over the District of Columbia, and "all 
 places purchased by the consent of the legis 
 latures of the States, in which the same shall 
 be, for the erection of forts, magazines, arse 
 nals, dock-yards, and other needful build- 
 
 gieas "to exercise legislation in all case 5 * 
 whatsoever," with the exception that " Con" 
 gress shall make no law respecting an cstalf 
 lishmcnt of religion, or prohibiting the free 
 exercise thereof ; or abridging the freedom of 
 speech, or of the press ; or the right of the 
 people peaceably to assemble and to petition 
 the government for a redress of grievances." 
 That through executive usurpation and despot 
 ism, the freedom of speech, and of the press, 
 is not only abridged, but almost annihilated, 
 in many of these "places," is notorious; but 
 Congress has no powers to legislate at all on 
 these questions, for any State, district, terri 
 tory, or place, in this Union, under any cir 
 cumstances whatever. 
 
 But in the District of Columbia, and in all 
 those " places ceded to the General govern 
 ment, Congress may either establish, or abol 
 ish, the institution of negro slavery, as cir 
 cumstances and expediency may dictate. 
 Congress may, if it pleases, within the letter of 
 the Constitution, enact that none but negro 
 slaves shall be employed on the public works 
 in Chaiiestown, in Massachusetts ; and Con 
 gress may on the other hand forbid the em 
 ployment of Slave labor on those at Charles 
 ton, in South Carolina. All this Congress 
 I may do should it see fit to outrage public o- 
 pinion, by adhering to the Idler of the Con 
 stitution, irrespective of its spirit. 
 
 Over the District of Columbia, and " all 
 places " purchased by the General govern- 
 1 mcnt, for the public purposes designated in 
 i the Constitution, that instrument constitutes 
 Congress the sole law-making power. Over 
 all these Congress " exercises exclusive legis 
 lation, in all cases whatsoever." 
 
 Now mark the difference between the lan 
 guage here used, and that employed by the 
 same men, when they came to define the pow 
 ers it is meant to confer on Congress, in rela- 
 j tion to the territory belonging to the United 
 States, but not appropriated to national pur- 
 | poses. 
 
 " The Congress shall have power to dispose 
 of and make all needful rules and regulations 
 i respecting the territory or other property be- 
 I longing to the United States ; and nothing in 
 ; this Constitution shall be so construed as to 
 prejudice any claims of the United States, or 
 I of any particular State." 
 
 But the manifest difference of the wording 
 
 ! here used, in contradistinction to that adopted 
 
 in the first mentioned clause of the Constitu 
 
 tion, is not greater than is the nature of the 
 powers intended to be conferred. The one 
 clause of the Constitution relates solely to ju 
 risdiction, the other solely to property. In 
 one instance. Congress is empowered to gov- 
 esn people, in the other Congress is merely 
 ings," the Constitution clearly empowers Con- authorized to hold and to sell, or " dispose 
 
10 
 
 t>f ptopefly. In the one instance, Congress I provision is made in the Constitution, for the 
 
 i s " to exercise exclusive legislation in all ca- j exercise of any civil authority in the territories, 
 
 ses whitsover" over certain " districts and , it does not follow that necessity "the plea 
 
 places"; in the other. Congress is tn maL-o i n f r i\r^ n ^ " ;,,c-t, fi o,,v. *. 
 all " needful rules and regulations " 
 
 to make | of Tyrants," justifies any such assumption by 
 necessary j either branch of the Federal government, for 
 
 to enable it to dispose of the " territory of the Constitution expressly declares, that 
 
 property belonging to the United j The enumeration in the Constitution, of 
 
 other M A 
 States." 
 
 This clause of the Constitution does not, 
 nor was it ever meant, to constitute Congress 
 the legislature of the territories alluded to 5 
 neither does it confer on that body any power 
 to make any laW> rule, or regulation, that is 
 not " needful" to enable it to protect, and 
 dispose, of the public property. 
 
 If the ffamers of this clause of the Consti 
 tution had not been treating "territory" 
 solely as " property/ the word " other " 
 
 certain righ s, shall not be construed to deny 
 or disparage others retained by the people" 
 And again "The powers n^t delegated to 
 the United States by the Constitution, nor 
 prohibited by it to the" States, are reserved to 
 the States respectively or to the people*" 
 
 There is no distinction here made between 
 the people of the territories, and those of the 
 States ; they arc in both cases, alike left to in 
 stitute their own governments, and to execute 
 their own laws $ with the exception that the 
 
 as " property, 
 
 Would not have been uced to connect the two i Judicial authorities of the Federal government 
 nouns. The use of that adjective, proves Ms not recognised in the Constitution as claim- 
 conclusively that the character of the two ar- jijing jurisdiction over the people of the territo- 
 tides is the same. Otherwise, the expression ries in any event, whatever* 
 would be as absurd as if it had been said,-^ j It would seem that the people of the terri* 
 Congress shall have power to regulate terri* | tories, equally with those of the States, are 
 lories or other CATTLE 5 or that Congress shall j presumed by the Constitution to be endowed 
 have power to regulate property or other ter- j by their Creator (as the signers of TGsuppos* 
 vitory. eel our forefathers to be) with certain "inalien* 
 
 Whilst the Constitution clearly and empha- able rights," which neither the States, nor the 
 tically provides for the government of the j United States, has any just authority to de* 
 district and " places " set apart for the i prive them of; among which is the right to in- 
 liscs of the Federal government, it would seem stitute their own government, " in such form, 
 that either designedly, or through inadvert- as to them shall seem most likely to effect 
 ance, no provision is made in that instrument | their safety and happiness." 
 for the exercise of either legislative or judicial j Whilst a territory is the property of the 
 authority over the people inhabiting the " ter- \ United States, Congress has the Constitutional 
 fttories "of the United States" Neither is j right, no doubt, to defend it from invasion, or 
 there any authority conferred on the Presi- \ depredation, if needs be, by employing the mi-* 
 dent, or Senate, to appoint a Governor, or ci- , litary and naval force of the whole nation; but 
 ther officer, over the same, unless it can be when Congress has transferred the fee of the 
 shown that the appointment of such an officer j same, to other parties, it has no farther juris" 
 is " needful " for the protection of the public i diction over it or its occupants. These purcha- 
 property, and the enforcing of such " needful j sers of the territory have then a right to insti 
 tute such a form of government as they sup 
 pose will best promote "their safety and happi 
 ness ; " and it is only in the event that these 
 do apply and are admitted into this Union as a 
 State, that the Constitution confers on the Ge* 
 neral government any right to interfere or ex 
 ercise any control over their concerns. 
 
 either by letter, spirit, or implication, can be j It is true, that it becomes the duty of the 
 adduced from the Constitution, for the ap- j Federal government, to restrain and prevent 
 
 any invasion of such a territory, similar to that 
 now attempted by citizens of Missouri in Kan* 
 sas, the same as it is the duty of the government 
 j to restrain the bands of desperadoes that are 
 occasionally organizing in this country, for the 
 
 rules and regulations," as Congress may make 
 for the disposal of the same. As chief execu 
 live officer and commander in-chief, of the 
 milirary and naval forces of the United States, 
 the President miy, in either emergency, con- 
 stitutionally subject a "territory of the Unit 
 ed States " to martial law, but no authority, 
 
 i be 
 ap 
 pointment of a permanent governor over the 
 the people of the same, either by the Presi 
 dent or cither house of Congress. 
 
 It is true that the Constitution does not pro 
 hibit the President, with the advice of the Sen 
 
 ate, from appointing a governor over the peo- i purpose of invading aud making war on the 
 pie of a territory of the United States } t\ or j government of Cuba, of Nicaragua, or that of 
 
 doesi 
 
 over the people or a state ; out neitner is any 
 such power oonferred on the President, in the 
 one case more than in the other. Because no 
 
 it prohibit him from appointing a governor 
 the people of a State ; but neither is any 
 
 any other foreign country. 
 
 But admitting that the Ordinance and com 
 pact of 1787, as passed by the Congress of 
 the Confederated and ratified by that of the 
 
11 
 
 Constitutional government does possess the 
 binding force of Constitutional law on all the 
 parties declared by the act of Congress to be 
 concerned, viz: the States respectively forming 
 the Union> ~the people of the North Western 
 territories, and the new States not yet, but to 
 be established in them ; the provisions of that 
 Ordinance do not apply to the territories since 
 acquired by the United States ! There is noth 
 ing in the Constitution that authorizes the ac 
 quisition of new territory, by the General gov 
 ernment ! " New States may be admitted by 
 the Congress," but no where do we find, that, 
 New Territory " may be admitted or acquir 
 ed. It does not seem that the framers of the 
 Constitution, ever contemplated or provided 
 for such an event. At the period the Consti 
 tution was made, and finally ratified and adopt 
 ed, after the most stormy opposition and ran 
 corous debates, both in the National and State 
 
 these to be alike Constitutional. It Cannot be 
 shown that any such "rule or regulation 
 would be " needful." 
 
 It is true the sovereign State of Massachu 
 setts, might assert on the floor of Congress 
 that it is " needful " that the Georgia planter 
 should not introduce his slave s into any terri 
 tory belonging to the United States north of 
 36 deg. 30 min. 
 
 The sovereign state of Georgia might also 
 assert with equal Constitutional propriety that 
 it is " needful " that the Massachusetts far 
 mer should not introduce the raising of Indian 
 corn into the territory south of the same line, 
 
 It might be argued pro and con with equal 
 propriety, that the introduction of the one 
 would tend to promote the ascendancy of what 
 are called southern institutions, in the territo 
 ry, and that those peculiar to the North, 
 would be fostered by the introduction of the 
 
 conventions, the leading minds of the country j other. 
 
 were exceedingly fearful that the formation of | Abhorrent as the sentiment appears to the 
 
 a National government for the States then ex 
 isting would not be accomplished and the 
 framers of the Constitution in the then ex 
 hausted and feeble condition of the country, 
 seemed to have little thought of adding to the 
 public domain by purchase much less by 
 conquest. 
 
 But giving to this clause of the Constitution 
 even the most latitudinarian sense contend 
 
 northern mind, as before stated, the Constitu 
 tion of the United States regards both these 
 questions as standing on the same foundation. 
 No right to interfere in relation to cither has 
 been conferred on the General government. 
 
 If the territory of Kansas or any one of those 
 lying farther North & West in which the prin 
 i ciple of the Missouri compromise is still in force 
 - ! were to apply for admission into the Union to 
 
 ed for by any, and then the true moaning of I morrow, Congress has only the same right to 
 
 the word " needful " limits the power of Con 
 gress not only in making rules and regulations, 
 but in enacting laws for the territories. If 
 the term be viewed abstractedly, to be defined 
 by the arbitrary will of Congress, an interpre 
 tation may be given it, that will suppose all 
 laws relating to the territories " needful " that 
 the majority of Congress may deem expedient. 
 If northern influences should, predominate in 
 that body, at one period, it might be deemed 
 expedient and needful to make a " rule, or 
 regulation," (for these are not dignified in the 
 Constitution by the name of laws,) forbiddin 
 
 compel the citizens of the new State to agree 
 not to keep negto slaves, that it has to com 
 pel them not to raise Indian corn. If it has 
 then we h .ve practically two National Consti 
 tutions, the one applying to the old, and the 
 other to the new States of the Uuion. This 
 no one will admit. Every State of this Union 
 is equally sovereign, and bear the precise re 
 lation to the general Government, and to each 
 other respectively, whether they came into the 
 Union in 1787, or in the year 18oo. 
 
 J3ut supposing that Congress really has the 
 right, and should enact that the people of Kan- 
 
 v\su9Ui/u MASH L; y unt; 110.111 u ui t/itu/ayi iui uivtvuiuf tueiiv] tuiw. BAIUUJAI citovb HAUL LIIU iJULMJit; Ui J.Vtlii 
 
 the institution of slavery in the territories, I sas, or of any other territory applying for ad 
 whilst at another period, through a predomi- | mission, should not permit the institution of 
 nance of southern influences in Congress, it slavery in the new State ; whr 
 
 
 might be voted that it was expedient and need 
 ful thit the people of the territories should be 
 compelled by the General government to a- 
 dopt the institution of negro slavery, 
 
 But if the word " ncectful " be interpreted 
 in unison with the spirit of the Constitution 
 and with the spirit of the State institutions, 
 the Constitution is intended to shield and pro*- 
 tect, then Congress should not make any " rule 
 or regulation " in any territory of the United 
 States, with intent to promote the introduction 
 of any peculiar state or sectional institution, or 
 the hindrance or exclusion of those of any oth 
 er State, or section of the Union, presuming 
 
 hat an anamolous 
 
 species of legislation it would be ! For argu 
 ment s sake we may grant that during the dis 
 cussion of the bill whilst the territory is in a 
 transition state (as it were) Congress may have 
 the Constitutional right to dictate as a needful 
 regulation that slavery shall not be permitted 
 to exist within its borders, But when the law 
 is enacted, when the territory has passed by 
 act of Congress into a sovereign state, by what 
 authority can it enforce the fulfilment of 
 any such rule ? The moment the President s 
 signature is attached to the act, the territory 
 springs at once into a sovereign State, inves 
 ted with all the rights and powers of the old 
 
12 
 
 thirteen, and as independent of Congress and ; 
 the Federal government, in regard to the . 
 question of negro slavery, as is the kingdom 
 of Great Britain. What an anamolous species , 
 of legislation ! what children s play, for Con- : 
 gress thus to enact a law, which neither it, or 
 any branch of the Federal government Iris 
 any right, or authority, to enforce. 
 
 I repeat that if Congress has the constitu 
 tional right to dictate to a new State one . 
 clause of its Constitution, it has as good right ; 
 to dictate two, Jive, ten, or the whole. It 
 would thus have the power of controlling 
 through their respective fundamental codes, 
 the domestic concerns of every ne\v State ad 
 mitted into the Union. Starting at the point 
 of time when the constitutional government 
 commenced, Congress would thus have been 
 clothed with competent powers by that instru 
 ment to consolidate (practically) under one 
 central government, every foot of this Union, 
 with the exception of the old thirteen States. 
 With this right conceded, all else required of 
 the Federal government by the Constitution, 
 is, that the outside form of the State govern 
 ments shall be republican ; nothing more: 
 substantially they would be mere provinces, 
 or departments, of a consolidated republic, 
 the sovereign powers of which would be con 
 centrated in Washington. How preposter 
 ous to suppose that such was the intention of 
 the far-seeing men who framed the Constitu 
 tion me ii who for seven long weary years had 
 been expending their treasure and their blood 
 to free their country from despotic rule, and 
 rid it of a list of crying grievances, the very 
 first of which, as enumerated in the declara 
 tion, they had pledged " their lives, their for 
 tunes and their sacred honors," to maintain, 
 they were now about conferring the power on 
 the Federal government to infiict anew. 
 
 If this was their intention, what a sudden 
 change must have come over their spirits and 
 the spirits of the people who ratified their do 
 ings. Hitherto so jealous had been the same 
 people of consolidated power, so tenacious had 
 they been of the individual rights of the colonies 
 and the States, that both the " Revolutionary 
 government originating from the one, and the 
 Confederation instituted by the other, possess 
 ed scarcely a semblance of sovereign power, but 
 depended" almost wholly on the voluntary ac 
 cord and action of the people and States, to 
 give their decrees or rather declarations, the 
 least practical force. And now if the case sup 
 posed is true, we behold these same men pla 
 cing a power in the hands of Congress that 
 would enable them to compel every new State 
 admitted into the Union to become a vassal 
 of the General government. 
 
 And how is it alleged that this enormous 
 power is conferred on Congress ? "New States 
 
 miy be admitted by the Congress into this 
 Union." This little sentence contains it all. 
 That s the Trojan horse from the entrails 
 of which this power has emanated. Congress 
 may admit new States: and what is a State ? 
 a State in the sense the term was meant by 
 the framers of the Constitution to imply. Cer 
 tainly not a State organized after the fashion 
 of an Italian, a German, or any other foreign 
 State ? but an American State ! Precisely 
 such a thing as one of the old thirteen : nei 
 ther more, nor less ! Clothed with every sov 
 ereign power that each and all individually 
 possess, in every respect, and bearing in every 
 respect the same relation to the Federal gov 
 ernment. 
 
 This was such a State as the framers of the 
 Constitution meant to create. Congress has 
 no right to admit and other. No other could 
 in reality become a member of this Union. 
 If deprived of the least sovereign right possess 
 ed by its sister States, it could not come in as 
 as an equal. It would not be equal. The 
 attempt of Congress to dictate a Constitution 
 or any clause contained in it, to any State ap 
 plying for admission into this Union, farther 
 than to make it compatible with the provis 
 ions of the Constitution of the United States, 
 is an act of sheer usurpation, and should be 
 so regarded by every American patriot. 
 
 Every new State that is admitted into this 
 , Union, is obligated by the simple act of admis 
 sion to conform in (.very respect to the re- 
 ; quirements of the Constitution of the United 
 | States. To be convinced of the truth of this 
 ; we need only to turn to an act of Congress and 
 observe the form of such admission. Take 
 that for instance by which Vermont became a 
 State of this Union, approved February 18th. 
 1791. 
 
 "./In act for the admission of the State of 
 Vermont into this Union 
 
 The State of Vermont having petitioned 
 Congress to be admitted a member of the 
 United States, Be it enacted by the Senate and 
 House of Representatives of the United Stales 
 of America in Congress assembled, and it is 
 ; hereby enacted and declared, that on the fourth 
 day of March, One Thousand Seven Hundred 
 Ninety One, the said State, by the name and 
 I style of The State of Vermont shall be rc- 
 i ceived and admitted into this Union, as a new 
 and entire member of the United States of 
 America." 
 
 What admirable simplicity ! Here we be 
 hold a new State admitted to take her place in 
 this Union " as a new and entire member" by 
 virtue of an act that scarce exceeds in length 
 the ticket which entitles a passenger to enter 
 i a railroad car. But the act was lengthy e- 
 ,nough ! And why ? Because the State of 
 j Vermont did not look to Congress to learn 
 
what were either her obligations or her rights 
 as a member of the Union, but to the Consti 
 tution of the United States of America. 
 
 The Constitution imposes negative as well 
 as positive duties on Congress, and if a new 
 State applying for admission into the Union, 
 should even offer to surrender any of the | 
 sovereign powers retained by the old Thir 
 teen, Congress would have no more right to j 
 accept of such a surrender than it would to 
 compel it. The one would be an assumption 
 of power scarcely less dangerous to the rights j 
 and liberties of the people and the States, , 
 than the other : for frequently what unclis- ; 
 guiscd force cannot compel, intrigue and arti- i 
 fice may induce. 
 
 Strictly speaking it is unnecessary that Con- j 
 gross should know what the Constitution of any 
 proposed State contains. No member or officer j 
 of the Federal government obligates himself | 
 to maintain the Constitution of any particular 
 State, when he takes his oath of office ; whilst ! 
 every member of the respective State legisla 
 tures, and all State executive and judicial offi 
 cers are obligated by their oath or affirmation I 
 of office to support the Constitution of the 
 United States. 
 
 Every new State coming into this Union is 
 bound to observe and to obey the requirements 
 of the Constitution of " the" United States of 
 America," whatever may be the character of 
 its own fundamental law, and however repug 
 nant may be any of its provisions to the laws 
 of the United States. The Federal govern- : 
 ment has the right, and is clothed with power 
 to compel the overt action of a State, whatever 
 its Constiturional laws may be, to conform in j 
 everyf respect to the Constitutional laws of the 
 the United States. It has the right and means, \ 
 to exact this, and it has no right to require 
 more. 
 
 When the State of Missouri came into the ! 
 Union, the Constitution that had been framed I 
 by its citizens, contained a clause, prohibiting 
 the immigration of free people of colour into ! 
 that State. This caused a long and angry de- 
 bate in Congress, which was finally brought 
 to a close by the adoption of a co mpromise j 
 resolution, introduced by Mr. Clay, simply e- ! 
 nacting that the authorities ef the State of 
 Missouri, by solemn ad, should declare that | 
 if there was any thing contained in their State ! 
 Constitution incompatible with the Constitu- I 
 tion of the United States, it should not be en- \ 
 forced. As a precautionary, conciliator)- mea 
 sure, it was wise in Congress thus to antici- I 
 pate, and disarm, by peaceable legislation, | 
 wlnt might otherwise require force to re 
 move. But such legislation was not strictly 
 necessary. A decision of the Supreme Court 
 would have been equally obligatory on the 
 State of Missouri as its own ad. 
 
 Congress has no more right to compel a 
 State applying for admission into the Union, 
 to surrender any sovereign right of an inde 
 pendent State, riot :*inong those enumerated 
 as being surrendered by the States to the 
 Federal Government in the Constitution, 
 than a State has the right to demand admis 
 sion into the Union, and retain any one 
 that is. Congress would have had no more 
 right to have required of the State of Louis 
 iana, when it upplicd for admission into the 
 Union, that its citizens should first insert a 
 clause in its Constitution, prohibiting the 
 institution of Slavery, than Louisiana would 
 have had to demand to he admitted, with a 
 clause in the same instrument, denying the 
 right of Congress to levy duties on foreign 
 goods imported into New Orleans. 
 
 If there is power deposited any where, 
 (except by amendment of the Constitution) 
 competent to deprive any State applying for 
 admission into this Union, of any of the sov 
 ereign rights possessed by the old thirteen, 
 it resides with the States respectively, or 
 with the people of the States, for it is 
 clearly denned in the Constitution, that 
 " The powers not delegated to the United 
 States by the Constitution, nor prohibited 
 by it to the States, are reserved to the States 
 respectively, or to tl\u people. 
 
 From whence then does Congress derive 
 its power to deprive either a State or the 
 people, of any civil, political, or char 
 tered right, not enumerated in the Constitu 
 tion 1 Who conferred such a right upon 
 that body? Do ve find it among those 
 " delegated to the United States, in the 
 Constitution?" Do we find it among such 
 as are " prohibited by it to the States?" 
 Clearly not ! Can it be extorted by impli 
 cation from that part of the Constitution, 
 that confers on Congress the right "To make 
 all laws which shall be necessary and proper 
 for carrying into execution all powers ves 
 ted by the Constitution in the government 
 of the United States, or in any department or 
 office thereof." Is there a wily casuist in all 
 the Jesuit colleges that curse the earth, who 
 can extract such a power by inference from 
 this clause ? St. Ligouri, though he might 
 distil poison from the sermon on the mount, 
 and extract divine authority, for the commis 
 sion of the greatest crimes,from every pa^e of 
 the New Testament, would himself turn from 
 such an attempt in despair ! 
 
 Can such a power be drawn by implication 
 from the mode of expression adopted in the 
 clause in the Constitution before referred to, 
 conferring on Congress the power of admitting 
 new States ? Because " new States may be 
 admitted by Congress," does it follow that 
 Congress "may " require the people of them, 
 
14 
 
 to surrender to the Federal government, sov- i this Union, should certainly be clothed 
 ereign rights not delegated to the Federal gov- discretionary authority to meet such cases as 
 ernment in the Constitution or prohibited by 
 it to the States ? Did the fathers of this re 
 public of sovereign States, indeed mean to in 
 stitute a union composed of a medley of this 
 character ? did they mean to place a power 
 
 these. 
 
 We hear much about the Missouri Com 
 promise, much about the solemnity with 
 which it was ratified ; and how base and 
 dishonorable the South has behaved, in re 
 
 in the hands of the Federal government that gard to its repeal. That its repeal was in 
 would thus enable them to degrade, to haimT- judicious and inexpedient, I will readily 
 
 iate any portion of the people of this country ? 
 that would put it in the power of a delegate 
 from one of the old thirteen States to rise in 
 his seat on the floor of Congress, and re 
 mind a fellow member that he came not there 
 as his peer, that he was not his equal - f 
 
 grant. Further, I" feel that the name of 
 Douglass, the Northern demagogue, the 
 tool of the Jesuit priesthood, (though per 
 haps unwittingly,) should go down to pos 
 terity allied with those of Arnold and Burr, 
 for the prominent part he took in its re- 
 
 that he was the representative of the people I peal. I grant that the moral offect of the 
 of a State, who had purchased its admission , Missouri Compromise was good, eminently 
 into the Union by the surrender of a part of i good ; but that it had any binding legal 
 the sovereign rights that belonged to it, and 1 force, farther than what the voluntary ac- 
 which were retained by the people of the i quiesence of the people gave it, cannot be 
 State which he himself represented ? That in 
 fact he came not there as an untrammelled 
 representative chosen by the people of a sove 
 reign State of the Union but as the vassal | had as good a right to repeal, 
 delegate of a fief of the Federal government ! I I say we hear much of the solemnities 
 Can any one suppose that such was the in- ! attending the passage of the act. So we 
 tendon of the framers of the Constitution or \ do of the solemn rigmarole accompanying 
 of the people who ratified it? ! the edicts of the Emperor of China. These 
 
 The wordj 1 may "may have been used because i neither add to nor diminish the force of the 
 
 maintained. It was simply a legislative 
 act, to make the most of it, which, if Con- 
 ss wat competent to pass, It certainly 
 
 the framers of the articles of the Constitution, 
 did not intend by the adoption of a more em 
 phatic or affirmative mode of expression, to 
 
 law. It was enacted at a period when it is 
 probable the Western boundary of Missou 
 ri "sached as far into tne wilderness as any 
 
 encourage the people of a new State, to come paatK inator in the decree supposed this L- 
 
 thundering at the doors of Congress, with a 
 
 positive demand for admission. The fathers 
 
 of the Constitution, were sensible and well 
 
 bred men, and the word used was just the one our weaker neighbors by the cupidity and 
 
 such would be apt to adopt under the cir- i violence of both Northern and Southern^ in- 
 
 nion ot "tates ever would extend, and be 
 fore the imuieuse new additional territory 
 had been pui hused, and plundered, from 
 
 cumstances. 
 
 Besides this, the Constitution permits the 
 
 nuences-. The generation that then lived 
 have passed away, and their successors are 
 
 receiving of foreign States into the Union (as in neither legally or politically bound to sus- 
 
 *- t:iin the law under existing circumstances. 
 We of the North resisted not the acqui 
 sition of Louisiana, and are equally guilty 
 with the South in assisting to plunder our 
 
 the instance of Texas) provided they conform 
 to its requisitions, and it would have been 
 highly injudicious, and impolitic, to have com 
 pelled the admission of such in all cases mere 
 
 ly because they did comply with the terms i sister Kepublic of an immense territory ; 
 laid down in the Constitution. The whole of j and although it is characteristic, and natu- 
 the twenty odd provinces of Mexico, might for , ral, still it ill becomes us to fall out with 
 instance, respectively apply for admission into our brother thieves in relation to the divis- 
 this Union. They might all comply with the ion of the plunder. 
 
 provisions of our National Constitution ; and If we meant to be honest in our endea- 
 yet whilst each of them retained on their stat- ! vors to stay the extension of negro slavery 
 
 ute books, laws prohibiting the free exercise of 
 religion, it might be highly impolitic, and in 
 expedient, to admit them as States of the Un 
 ion, to say nothing of the inconvenience that 
 might be experienced in Congress, assembled, 
 by the admission into its halls of an hundred or 
 more half breed Indian members, each with 
 an interpreter at his elbow, to duplicate speech 
 es of which one edition would probably be es 
 teemed quite sufficient. The body, to which 
 power is delegated to admit new States into 
 
 we should have resisted the acquisition of 
 territory by the Union as strenuously as we 
 are now contending for its sectional pos 
 session, and success would then most pro 
 bably have crowned our efforts. But we 
 were too much blinded by coveoutness to 
 diseern the s^orpron that lay concealed in 
 the tempting fruit ; we grasped it, reckless 
 of the future, and we must abide the conse 
 quences. 
 However sinful negro slavery may be, how- 
 
15 
 
 ever hateful in our eyes, however much we 
 of the North may desire the overthrow of 
 the institution, the Constitution places no 
 weapons in our hands to assist us in accom- 
 plishing its destruction. The framcrs of that | 
 instrument never intended to do any such ; 
 thing, They probably supposed that the in- 
 stitution would in no great period of time die 
 out, (as it were) and become extinct in North I 
 America. Events in the early history of our | 
 republic seemed to indicate such a result : j 
 commencing at the North, State followed State 
 in letting the captive go free. Already was Ma 
 son and Dixon s line reached in the emu 
 lating race. Already were the great States of 
 Virginia and Kentucky, (the very strongholds 
 of slavery,) preparing to follow suit, sure to 
 be simultaneously imitated by Delaware and 
 Maryland ; when in an evil hour foreign fa 
 natics with more zeal than brains, found their 
 way to our shores, and aided in their insane 
 mission by too many Americans, sought to 
 hasten the action of the people of the slave 
 holding states by heaping insult and abuse on 
 their heads. The natural consequences follow 
 ed. ^ Men whose sires did not quail before the 
 armies of Britain, were not to be driven by 
 the taunts of such incendiaries, even in the di 
 rection of their own bent. From that time 
 State emancipation of the slave has ceased. 
 Day by day the breach between the South and 
 the North has been gradually widening, until 
 now it has reached a stage that seriously 
 threatens the dissolution of the Union. From 
 this fate it is my solemn conviction that noth 
 ing will save us, but the formation of an A- 
 merican party, based on principles so national 
 in their character as to enable it to spread it 
 self over and embrace the whole Union. It 
 should have but two planks in its platform, 
 viz. 
 
 Americans MUST rale America. 
 Onr Union MUST be preserved. 
 
 I believe the first of these is entirely essen 
 tial to the existence of the last. 
 
 As before remarked, the prescience of Wash 
 ington enabled him to foresee, that the great 
 est dangers that awaited the institutions of the 
 people, he sacrificed so much to establish, 
 would emanate from two sources, viz. foreign 
 influence and sectional divisions. In his last 
 address to his countrymen, he dwelt on these 
 two points with even beseeching earnestness. 
 " Against the wiles (says he) of foreign influ 
 ence, I conjure you to believe me fellow citi 
 zens, the jealousy of a free people ought to be 
 constantly awake, since history and experience 
 prove that foreign influence is one of the most 
 baneful foes of republican government." 
 
 Where do we find a parallel for language like 
 this in all the various communications and ad 
 dresses of Washington ? On this momentous 
 subject big with tEe future fate of America, 
 
 when appealing for the last time to his fellow 
 countrymen, his spirit seemed as it were melt 
 ed within him, and breathed forth in words 
 of affectionate solicitude and parental tender 
 ness. He whose word was never doubted, 
 even stoops to plead like one of little account, 
 that he may more forcibly impress on the 
 minds of his" people the momentous dangers 
 he sees in the future awaiting them from the 
 exercise of foreign influence. * I CONJURE 
 YOU (says he) to believe me fellow citizens." 
 Who can resist such an appeal as this ? What 
 American can turn a deaf ear to such a warning 
 from such a source ? 
 
 Scarcely less eloquent is his language when 
 interceding with his countrymen to maintain 
 inviolable the union of the States. " The uni 
 ty of government (says he) which constitutes 
 you one government is also now clear to you. 
 It is justly so ; for it is a main pillar in the ed 
 ifice of your real independece ; the support of 
 your tranquillity at home ; your peace abroad ; 
 of your safety ; of your prosperity of that very 
 liberty whicn you so highly prize. But as it 
 is easy to foresee, that from different causes 
 and from different quarters, much pains will 
 be taken, many artifices employed, to weaken 
 in your minds the conviction of this truth ; as 
 this is the point in your political fortress a- 
 gainst which the batteries of internal and exter 
 nal enemies will be most constantly and active 
 ly (though often covertly and insidiously) di 
 rected ; it is of infinite moment that you should 
 properly estimate the IMMENSE VALUE 
 of your national union to your collective and 
 individual happiness ; that you sbould cherish 
 a cordial, habitual and immoveable attachment 
 to it ; accustoming yourself to think and to 
 speak of it as a palladium of your political 
 safety and prosperity ; watching for its preser 
 vation with jealous anxiety ; discountenancing 
 WHATEVER MAY SUGGEST EVEN A 
 SUSPICION that it can in any event be aban 
 doned; AND INDIGNANTLY FROWN 
 ING UPON THE FIRST DAWNING OF 
 EVERY ATTEMPT TO ALIENIATE ANY 
 
 PORTION OF OUR COUNTRY FROM THE REST, OR 
 
 TO enfeeble THE SACRED TIES WHICH NOW LINK 
 
 TOGETHER THE VARIOUS PARTS." 
 
 Here is a lecture on the VALUE OF THE 
 UNION, from a source worth listening to, and 
 worth hearing too ; one that contains mora 
 sound sense, more real virtue, more true pat 
 riotism, than all the lectures that were ever 
 delivered by Anti and Proslavery dema 
 gogues and fanatics on both sides of Mason 
 and Dixon s line. Will Americans indeed re 
 gard such an appeal from Washington, or will 
 they take counsel of traitors, who are " COV 
 ERTLY AND INSIDIOUSLY directing their batte 
 ries against the PALLADIUM of their POLI 
 TICAL SAFETY." 
 
 The operation of either of the causes refer- 
 
red to, presented Itself to the clear, strong 
 and deeply experienced mind of Washington, ! 
 as being sufficient of itself to work destruction 
 to the country. What then must be our criti- | 
 cal position now that it is assailed by both at : 
 once and in their very woist form ? 
 
 That both temporal and spiritual European i 
 despots have systematically conspired and lea 
 gued together to overthrow the government 
 and institutions of the United States, I think 
 that there can be no doubt left in the mind of ! 
 any disinterested man of sense who will prop 
 erly investigate the subject. That hundreds, 
 and even thousands of the secret order of 
 monks called Jesuits, have been dispatched to 
 this country to produce by their " insidious \ 
 artifices" that result is equally certain. That 
 these have planted themselves either openly 
 or insidiously (in disguise) in every part of this 
 Union is also true ; and that through the Con 
 fessional of the Romish Church these have the 
 means of obtaining a more thorough know 
 ledge of the secret springs of action, that ope 
 rate in both political and social life, than any i 
 other class of men in the States must be felt ; 
 by all thinking men. 
 
 Who then can estimate the immense influ 
 ences such a body of sWwd, educated, expe 
 rienced and utterly unprincipled and unscru 
 pulous men, may exert for evil on the institu 
 tions of our country, especially when we con 
 sider that they arc regularly organized, and ; 
 thoroughly disciplined, under the positive and ! 
 absolute direction of one head. 
 
 What the men composing the secret " So 
 ciety of Jesus " are capable of accomplishing ; 
 what they have attempted ; and what they i 
 have performed ; let the history of Europe for 
 the last three centuries inform us. When 
 last in this country, that friend of Washington 
 and of mankind, La Fayette, on more than 
 one occasion seriously warned Americans a- 
 gainst the machinations of the Jesuit priests 
 of Home; no man knew them better than 
 he. During his sojourn here, La Fayette re 
 iterated his warning (which has become a 
 motto) to Mr. Van Pelt of New York, and ad 
 ded that " the Jesuit Priests were THE MOST 
 crafty, dangerous enimies to civil and religious 
 liberty. They have instigated most of the 
 wars in Europe." 
 
 Again the same sentiment was substantially 
 repeated by La Fayette at a dinner party, in 
 the presence of Mr. Charles Palmer of Kieh- 
 mond, Virginia ; " These Romish priests (said 
 he) are dangerous men, and will destroy Ihe 
 liberties of America if they can." But it is 
 unnecessary to rehearse testimony regarding 
 the character of the Jesuits. There is not a 
 country on earth in which they have not at 
 some time or other planted themselves ; scarce- j 
 ly one in which they have not sown dissention j 
 
 and civil war; and hardly one from which 
 they have not been expelled, for their abomi 
 nable crimes. The editor of the La Siecle a 
 Roman Catholic paper published in Paris, thus 
 closes some remarks addressed to the Jesuits 
 now in France. "Your name (says theLaSiecle) 
 is not religion, for religion is peace in the 
 State, whilst wherever you set your feet we 
 find nothing but discord. No power, no peo 
 ple, has been able to live within the reach of 
 your breath, without being poisoned and vom 
 iting you back." 
 
 Such is the character of the men, (as pro 
 claimed by their own co-religionists) that the 
 despots of Europe have foisted in our midst, 
 to sow discord among the people and the 
 States, and to accomplish the destruction of our 
 Union. And will Americans indeed continue 
 to slumber when such a foe is actively at work 
 among us ? will they disregard the warning 
 of Washington ; of La Fayette ; and of the 
 bitter experience of the world ? 
 
 The thousands of devoted spies which these 
 foes of liberty have insinuated into every nook 
 and corner, nay into almost every family in 
 our land, has enabled them to discover each 
 point where our institutions are vulnerable. 
 They know too precisely their own strength. 
 They can count it at the polls almost as exact 
 ly before as after an election. They can esti 
 mate almost to a fraction when and where 
 they hold the balance of power between the 
 sectional and other factions that they them 
 selves by craft and artifice know so well how 
 to " covertly " create. They know the charac 
 ter of the leading politicians of all parties. 
 They know who to ally themselves with. 
 They know that from the circumstance that 
 the democratic party has been almost uniform 
 ly in power in the general government, that 
 a vast number of men attached to that party 
 have grown up by profession, office seekers 
 and office holders. These are the men for the 
 Jesuits. These are the men whose "poverty 
 if not their wills " will consent to any compli 
 ances, men to the existence of whom the emol 
 uments of office are almost as necessary as is 
 the air they breathe. And office and public mo 
 ney the tempter in the form of a Jesuit Bish 
 op, will consent that these men shall have on 
 condition that a creature and instrument of 
 their own shall be installed Chief Executive 
 officer and Commander in chief of the Army 
 and Navy of the United States. The bargain 
 to accomplish this result is already struck! 
 The Presidential campaign is already organized 
 and commenced by the Jesuit priesthood and 
 their allies, the old line democrats. The for 
 mer wait but the moment when victory 
 declares for them, to precipitate the civil war 
 upon us, that they have been for years secret 
 ly fomenting. 
 
17 
 
 Would it not bo well for the zealous op 
 ponents of negro slavery at the North, to 
 pause a moment and examine to what point 
 their labors are tending ? Have these so far 
 improved in the least the condition of the 
 slave Does his manacles hang more loose 
 ly upon him? or is the prospect of his free- 
 
 Did their fathers before theai, when men 
 aced by the sericd legions of Britain, stop 
 
 to estimate thlTconsequence ? Do vro not 
 instinctively feel that as Americans, danger 
 and death, even to extermination, can have 
 no terrors for such men, when the freedom 
 their ancestors assisted to win, and the 
 
 dom brought nearer to view, than it was a I rights they mutually pledged themselves t 
 quarter eta century ago? On the contra- i each other to maintain with their "lives, 
 ry, is ic not evident that the interference of their fortunes, and their sacred honor, arc 
 the North, so far, has tended greatly to in- believed to be in peril? 
 crease the hardships of the slave, and to I Should we not, then, nicely examine the 
 cause his fetters to be more firmly rivetted ? [ ground on which we stand in relation to otir 
 Is it not clear that the effect of such ill- brethren of the South, and ascertain to a 
 
 timed and officious meddling, has been to 
 
 fraction its true position, 
 
 permit 
 
 stay the public measures that were in pro- ourselves to be seduced into the terrible vor 
 gress for the Emancipation of the blacks in I tex of civil strife? 
 
 the three great States of Virginia, North Let us seriously ask ourselve^ who corn- 
 Carolina, and Kentucky? to palsy the ef- j menced the measures or line of conduct that 
 forts of the more liberal and philanthropic | has produced the fearful estrangement of 
 class of citizens in those States? and to j the two great divisions of our Union? For 
 wrest political power from their hands, and j on him who applies the first spark, mainly 
 to place it with those of an opposite char- j rests the responsibility of the subsequent 
 acter* to take power in fact from the friends ! conflagration. Haw came the question o4 
 of the slave, and to confirm it in the keep- j negro slavery to be involved with our na- 
 *ng ot his oppressors? I tional polities? llow came it to be made & 
 
 When faction runs high in a State, it has | political question at all? Is it necessary 
 frequently been the policy of unprincipled that it should have ever been so treated ? - 
 rulers, to provoke an attack from abroad, Or does it follow, because slavery was moat- 
 that the opposing parties may be forced by j iy located in the Southern States, that the 
 the presence of a common enemy, to forego | people of those States should necessarily sd- 
 their internal strife, and unite for defence j vocate or desire its extension? When we 
 against the external foe. Thus, has not | reflect that Virginia, the largest and at that 
 the effect of external interference in the \ time the most populous State in the Union 
 question of slavery, been, to unit* all par- \ ceded of her own accord ,-most of the crov/ri 
 ties at the South, and to compel them to re- 1 lands embraced within her charter limits to 
 gard the institution no longer as one of mere the general government in a fc tn h* cV __ 
 expediency, but of political right? 
 
 Like the man in the fable, who under the 
 *nild influence of Phoebus, was gradually 
 .ocsening the folds of his cloak, and prepar 
 ing to cast it from him, but which he again 
 
 the general government ir\ trust, 
 ed of, and the proceeds divided amon^ the in 
 dividual confederated. States pro -^ a* 
 they had contributed to the expe 1Rpa o f the 
 
 wr 
 
 ;rasped firmly about him, when the fierce 
 )lasts of Boreas sought by violence to has 
 ten its fall, so was the institution of slavery 
 gradually loosening its hold on the people 
 of the South, until the ill-judged interfer 
 ence of the North incited them to fasten it 
 
 it really 
 ing the p^ 
 
 aietlj acquiesced in tb w __ 
 
 3fl787, foritp government, 
 
 HQt <3<\n,n +1 
 
 ceded the District 
 
 jiroua of extend- 
 a! When, again, 
 in conju- nc tion .with Mary- 
 
 institutior 
 
 of Columbia to the 
 
 ..<. , OI l^URKUUio u^ v~ 
 
 national government v - th t requir ^ g any 
 
 a>nnionfoo frlof oln^ f*miv.v * ? .. *i 
 
 of affairs that leads us to suppose that the 
 South will back out of the position that 
 they occupy, unless it can be clearly demon 
 strated that they stand on unconstitutional 
 ground? Do we believe that fifteen States 
 of this Union, and those the largest in terri- 
 tary, inhabited by a high spirited and reso 
 lute race of men, will stop to calculate their 
 physical strength, or the probabilities ot the 
 event of a conflict with the North, when 
 they really believe that their honor, and 
 their political and social rights are at stake ? 
 
 as it should contin- 
 
 tined to assume a sectional 
 so rabid a type as to impem 
 
 was dei 
 character of 
 the Union ! 
 
 isslmft Aiavlet us ask, has caused it to 
 : ni3 aspect? Is there anything in 
 ,eia itself, abstractedly, that lead* 
 ? *ho practice it, to wish for its extra- 
 Op the contrary, if assured that th* 
 
question would be left undisturbed in the ! 
 national councils of the Union, is it not ap- I 
 parent that the people of most of the South- | 
 era States, would consider that their inter- 
 ests would be promoted by its being confined 
 within a limited territory, rather than in 
 its constant extension? Were not the cot 
 ton and rice planters of South Carolina and | 
 Georgia aware of the fact, that by trans- j 
 planting the iustitution on the rich soil of 
 the Mississippi, where twice the products ! 
 can be produced with the same amount of j 
 labor, that their profits at home, would be 
 lessened ? 
 
 Virginia, it is true, might have been dis- | 
 posed to favor its extension, on the ground ! 
 of opening a wider market for its surplus 
 slates? But can we suppose that the influ 
 ence of that one State, would have been suf 
 ficient to have directed the policy of all of 
 the other slave States, especially when we 
 consider that most of them are purchasers 
 rather than selbrs of negro slaves f 
 
 Such a procedure would be tantamount to, 
 or very much the same, as if all the cotton 
 and woolen manufacturers of New England, 
 should unite their endeavors to extend their 
 peculiar business, throughout every North 
 ern and Western State, merely because it 
 would open for the makers of the machine 
 ry they use, and are obliged to purchase pe 
 riodically, a more extensive market for the 
 products of their shops, and thus enable 
 them to exact higher prices from the manu 
 facturers at home ! Can we suppose that 
 under any ordinary circumstances these 
 manufacturers of cotton and wool,jjcould be 
 induced to adopt so suicidal a course? A 
 course that would compel them not only to 
 pay a higher price for the machinery they 
 themselves use, but by the well-established 
 laws of trade, add to the cost of the raw 
 material, at the same time that the price of 
 the manufactured article would be lessened ? 
 How absurd to suppose that thrifty, shrewd 
 men, governed generally, too generally, by 
 their individual interests, should thus act! 
 And yet are not the two eases stated very 
 much the same in their character and ef 
 fects? Does not the extension of negro sla 
 very, cause the products of Slave labor to 
 be lessened in price ? Does it not by the 
 fixed laws of trade, enhance the cost of the 
 labor, and lessen that of its product? And 
 are the slave-selling planters of Virginia, of 
 more relative importance, or their influen 
 ces greatsr in comparison with the people of 
 all of the other slave States, than is that of 
 the machine makers, when compared with 
 all other manufacturers? 
 
 But yet as preposterous as appears the 
 supposition, that these manufacturers 
 
 should thus unite in laboring to extend * 
 system that would so clearly militate against 
 their own interests, has not the time beer? 
 in this country, when they iolt themselves 
 constrained to pursue each a course? Thie 
 is true. And why was it? Simply becauss 
 the manufacturers saw not only the profits 
 of their business in jeopardy, bin likewise 
 the whole capital they had invested in it? 
 The basis upon which they deemed it rest 
 ed, had become a political question, and a 
 powerful party had arrayed itself in hostili 
 ty to all protcc/irc tmijfs. Then it was that 
 the lesser interest was forced to give place 
 to the greater. When all was in danger, 
 the manufacturer was willing to sacrifice a 
 part, that ho might retain the remainder. 
 Then it was that he sought with all his 
 might to induce others at the North, South, 
 East and West, to engage in the business of 
 manufacturing wool, cotton, iron, and other 
 articles, that private interest might stimu 
 late public action, and thus save all engaged 
 in the pursuit, from common ruin. 
 
 Well the time came when the fierce po 
 litical contest, in relation to a protective 
 tariff was at an end, and with it vanished 
 all desire on the part of the manufacturers 
 to impart a knowledge of their business to 
 others, or to incite them to invest capita? 
 in the calling ; and they, oae and all, be 
 came as quiet on the e ubject as " sucking 
 doves," and so remain. 
 
 In like manner is not the question of ne 
 gro slavery now undergoing a similar pro 
 cess ? Foy many years after the formation 
 of this Union, the right to keep negro slaves 
 was no more questioned, than was the right 
 to manufacture woolen or cotton ch>th. - 
 No excitement was caused by the practice, 
 either socially or politically, either in ou* 
 National legislature or elsewhere, excepting 
 so far as it Was agitated and acted upon, by 
 States in their separate capacity arcl ki rela 
 tion to its bearings on themselves alone, 
 individually ; and it was only whea the 
 people of the Southern section of the Union 
 became imbued with a belief, that the institu 
 tion of negro -sis-very was in danger, from 
 an outside pressure, that they began to 
 unite politically, for the defenes of what 
 they deemed their constitutional rights.- 
 
 x\s the manufacturers of the Northern 
 States, when menaced by the action of Con 
 gress, sought to create a bond of union, by 
 diffusing a common interest as widely as 
 possible, sufficiently strong to control the 
 national will, for the sake of preserving 
 their cherished institution of manufactar- 
 ing^ from dsstruction, even at the cost of 
 sharing a part of its profits, with the peo 
 ple of other States of the Union ; so ifi like 
 
19 
 
 manner, have the slaveholders of the South, | 
 sought to create a bond of union, by the wi- ! 
 der diffusion of negro slavery, sufficiently i 
 strong to control the action ot the national j 
 government, for the sake of preserving their \ 
 cherished institution, even at the cost of j 
 sharing a part of its profits with the people 
 of other States of the Union. 
 
 1 know that it \vill be said that the insti- j 
 tution of negro slavery is not in danger by 
 any action of the Northern will. But is 
 this material to the issue? If the South 
 really believe it is, the effect will be all one, 
 whether it is so or not ; and their action 
 would be the same. 
 
 We, many of us, remember during the 
 seasons of panic created by the government s 
 interference in the banking and commercial 
 concerns of the nation, how much was said 
 by our great statesmen in Congress, and by 
 our most experienced merchants, bankers, 
 and financiers, in our public journals, and 
 in our streets, about the " timidity "of pro 
 perty^ and how we were tokl that a breath 
 of apprehension would disturb its equilib- j 
 rium, and the bare look of hostility from a | 
 quarter sufficiently powerful to work it in 
 jury, might of itself bring ruin on whole 
 communities! And never was anything 
 said more true. 
 
 And do we not also remember, how, when 
 Webster, Clay, and the host of other great 
 men, who at that day, opposed the reck 
 less measures of the honest meaning tyrant, 
 who then occupied the Presidential chair, 
 how the glowing pictures that they drew 
 of the ruin and desolation that awaited the 
 commercial, manufacturing, and monetary 
 interests of the country, were constantly 
 met by the supporters ot the administration 
 with a flat denial of th^ir truth, and with 
 a positive disavowal of any intention on the 
 part of the administration, to injure the 
 business of individuals in any way ! And 
 do we not too well remember what little ef 
 fect their disavowal produced, towards qui 
 eting the apprehensions of the business com 
 munity? And how people used to congre 
 gate in crowds in every city ; how rner- 
 c;iants, and banker*, and manufacturers, 
 used to send delegation upon delegation, to 
 Washington, to remonstrate with Jackson, 
 and to intercede with him to cease from tam 
 pering with the monetary interests of the 
 country ? And do we not remember how 
 the wiltul and courtly old gentleman, used 
 to escort these committees to the door of his 
 palace, and how he was wont to observe to 
 them, as he politely edged them in to the 
 btreet, " go home gentlemen and make your 
 8 elvee easy, John Home and I will take 
 c are of your business," But did this assur 
 
 ance pacify them? Did it in fact save the 
 commercial and monetary interests of the 
 country from eventual ruin? We all know 
 the desolating events that followed, and 
 these went to prove very conclusively, that 
 experienced poulterers ought to, and always 
 will consider eggs in jeopardy, when they 
 perceive jackasses gambolling amongst hen s 
 nests, let the tribe bray ever so loudly about 
 their harmless intentions. 
 
 And can we then blame the South for en 
 tertaining apprehensions, that the over 
 throw of the institution oi negro slavery not 
 only : n the territories, but in the States of 
 this Union, is meditated by a strong political 
 party at the North? Are we not in fact, 
 impressed with such a belief ourselves? 
 And do we not feel that this party is daily 
 Crowing stronger and stronger, and that by 
 the intemperate acts and publications of the 
 individuals composing it, it is fearfully wi 
 dening the sectional breach that so unhap 
 pily exists? Have we not good reason to 
 suppose that there are at present hundreds, 
 yea, thousands, of men at the North who 
 really desire to see this gulf widened rather 
 than closed, even to the extremity of civil 
 war? All must know this to be true al 
 though most will probably say that the 
 South have nothing to fear from the influ 
 ence of such men, and that the prevailing 
 sentiment of the North is decidedly op 
 posed to any interference with tiie institu 
 tion of slavery, in the States where it al 
 ready exists. But are the people of the 
 South in a position to enable them to feel 
 sure of this? Men s apprehensions are gen 
 erally more or less quickened, not eo much 
 by the magnitude of danger, as by the im 
 portance of the interests menaced. Men 
 who could behold with composure the fall 
 of a distant mountain, might feel their 
 minds shaken with alarm at the bare tremb 
 ling of the mole hill, at the base of which 
 their families dwell ! 
 
 In the preservation of the institution of 
 negro slavery as it now exists, (for the pre 
 sent, at least,) the people of the South feel 
 that their all depends. By a forcible dis 
 ruption of the ties that now subsist be 
 tween master and slave, the former feels, and 
 keenly feels, that not only his property is at 
 stake, but the honor and lives of his family. 
 Can we then blame tho people of the South, 
 for over estimating the dangers that menace 
 them ? 
 
 The minds of men may in some respects 
 be appropriately compared to the waters of 
 a luke. Let these be calm and unruffled, 
 and every object will be reflected from its 
 bosom, in harmony with itself: but let 
 these be agitated by the wind or other cau- 
 
ses, and tho fairest objects will present on ! may seemingly demand. Sheltering themselves 
 its heaving surface, nothing but frightful under FalstafTs broad maxim, " It is n,y vo- 
 distortions. So when the minds of men are cation, Hal," they thus by long practice in 
 calm and composed, objects present them- i tne same lilic induce a P hase of mind, and hab- 
 selves to their understanding in their true ! {i of thinking, that leads them to examine the 
 forms ; but let them be disturbed and agi- i P lamest written inst m ts, m the same light 
 tated, and the most harmless objects, some 
 times convey to their understandings the 
 most hideous impressions. 
 
 Thus the constant harping of the aboli 
 tionists of the .North, first slightly disturbed 
 the equanimity of the South. As the influ 
 ence of tho one increased, so did the alarm 
 of the other. For the real purpose or under 
 plea of protecting their institutions, the 
 
 the South began to adopt a more stringent ! whole profession indiscriminately, for I well 
 line of policy and in some instances to pass know that there are man y lawyers whose lives 
 
 - and practises in point of honor and purity, will 
 compare favorably with the foremost of the 
 earth, but such I believe will bear witness to 
 the truth of my remarks, when applied to far 
 too many of the profession. 
 
 It is true, that the study of the debate?, that 
 transpired in the Convention that framed the 
 articles of the Constitution of the United States, 
 may aid in arriving at correct opinions in re 
 gard to their import to a certain extent, if prop 
 erly considered, and not too much relied upon ; 
 ut then unless thoroughly studied and proper- 
 
 the ponderous volumes of the fathers of their 
 profession, not so much with a view to arrive 
 at the truth, as for the purpose of obtaining 
 precedents to establish wire drawn subtleties to 
 meet their dishonest purposes, that go to sub 
 vert rather than elucidate the meaning of the 
 text. 
 
 I do not mean these remarks to apply to the 
 
 and enforce irritating and unconstitutional 
 laws. This course added numbers to the 
 ranks of the abolition party at the North. 
 Mutual recrimination followed. The breeze 
 became a gale. The gale has now swelled 
 into a tempest, under the influence of which 
 the mind ol the whole nation seems lashed 
 Into fury, and stereotyped with distorted 
 views. In the mean time our ship of State 
 lies almost helpless on the billows : with no 
 longer a Washington or even a Jackson at 
 
 the helm, her officers disorganized and mad- i ly appreciated, they may mislead the mind as 
 ly contending, her distracted crew seduced ! well as direct it ; and we should remember that 
 and bewildered by the insidious wiles" of | 5t was the P c P lc of tlie Umted ? tates > in * he5r 
 native demagogues and forein traitors, P T assemblies, who passed upon and es- 
 
 with, alas, no longer a Clay on board Praise ! fished the Constitution,^/ not itsframer*,. 
 
 j and that neither these, nor the members of the 
 i State Conventions, to whom the people delega- 
 
 his trumpet voice above the tumult of the \ 
 storm, and pipe all hands to duty. What ! 
 
 ted their authority, were probably materially 
 
 what ! may it well be asked under such cir- ided in their decision , i, y the debates that oc- 
 cumstancesis to save our Union from des- j curi . e d i ri the National Convention, but by their 
 truction. ; own understanding of the tsxt of the instru- 
 
 Any American of ordinary capacity, who will 
 
 direct his attention earnestly to the study of th 
 Constitution of the y nited States, is as compe 
 tent of comprehending its true meaning, as is 
 the most learned lawyer, perhaps more so ; for 
 the profession of a lawyer, necessarily introdu 
 ces him to a line of study, that brings his mind 
 in contact with authors of former times, whose 
 sentiments and principles were generally better 
 attuned to a monarchial or despotic order of 
 things, than to such a form of government, as 
 is instituted in the Constitution of the United 
 States ; and strong indeed must be that mind 
 that can avoid receiving an impress from 
 
 ment. And who, let me ask, is better calcula 
 ted to appreciate the peculiar phase of thought 
 and expression of their ancestors, than the peo 
 ple themselves ? 
 
 The Constitution presumes every primary of 
 ficer, whether of the general, or State Govern 
 ment, to be his own exponent of any disputed 
 passage in its provisions, unless it has been de 
 cided upon by the Supreme Court; otherwise he 
 could not conscientiously fulfil his oath of office. 
 But when such a decision is declared, then, in 
 deed, it becomes obligatory on each and all of 
 these officers, and on every citizen of the United 
 
 States, to conform to the meaning as explained 
 circumstances that constantly invest it. Be- i by that tribunal, 
 sides, as the practice of law is conducted at this i The Supreme Courtis ordained and eslal- 
 day, the object of too many members of the bar lished, by the people of the United States, 
 seems, not so much to be, the establishment of j the sole exponent in the last resort, of all cases 
 what is right, as the accomplishment of victory ovfeino in i<mir nr pnnitv nndpv fh Crmfititu- 
 
 whether the side they advocate, morally speak 
 ing, be right, or wrong. This leads them to 
 
 arising in law, or equity, under the Constitu 
 tion. It follows, that when a decision has been 
 once recorded by that Court, involving a Con- 
 
 place the law as it is called, let it come from j stitutional principle, that such a decision be- 
 
 1 A A _ IA, -Ml J.T. ! _J ** _ _ i i* _ " j.1 _1 * 5i^l^ s^-P 4-V.A. 
 
 what source it will, in the place of conscience, 
 and to feel justified in torturing its plainest 
 words into all manner of meanings, and subtle- 
 
 comes as binding as is the clause itself, of the 
 Constitution so explained. It becomes, in fact, 
 a part of the Constitution, which every officer 
 
 ties, that the exigencies of their client s case or legislator of the United States, and of the sep- 
 
21 
 
 arate States, from the President, and Cover 
 new, down ward, solemnly bind themselves by 
 their oaths of office to support. 
 
 In regard to construing the meaning of any ar 
 ticle of the Constitution, the Supreme Court of 
 the United States, stands as " King of Kings 
 and Lord of Lords." From its judicial inter 
 pretation there is no appeal. Like the laws of 
 the Medes and Persians, it " changeth not." 
 Right or wrong, there it must stand, the Su 
 preme law of the bind, until it is declared null 
 and void by the suffrages of the whole people of 
 the United States, agreeably to the provisions 
 
 ried in the other States by small majorities, 
 and especially in Massachusetts, New York 
 and Virginia, by little more than a prepon 
 derating vote." And we know that it was at 
 first rejected altogether by North Carolina 
 and Rhode Island. " In our endeavors (said 
 Washington as recorded by Marshall,) to es 
 tablish a new General government, the con 
 test naturally considered, seems not to have 
 been BO much for ylory as for existence. It 
 was for a long time doubtful, whether we were 
 to survive as an independent republic, or de 
 cline from our federal dignity into insignifi- 
 
 set forth in the Constitution itself. So long as cant and withered fragments of empire." 
 
 the judges of the Supreme Court keep their er 
 mine of office pure and unspotted, neither Con 
 gress, nor any other earthly constituted author 
 ity cau legally come between them and the dis 
 charge of their official duties. 
 
 The Supreme Court of the United States, 
 constitutes the keystone of the arch, on which 
 rests the glorious fabric of our Union. Strike 
 that from under and irreparable confusion, and 
 anarchy in every department would quickly 
 follow. How essential then, that none but 
 the purest, and most able men, should be 
 placed on its august bench. And how Prov 
 idential does it seem, that for nearly the half 
 of a century, from almost the first of its estab 
 lishment, that so pure a character as John 
 Marshall, was permitted to preside over its 
 deliberations, and thus give the sanction of a 
 name,to a list of decisions and precedents, em 
 bracing probably nearly every important ques 
 tion, that can ai\se under the Constitution, 
 that stands second to none in the list of earth s 
 worthies, whether its bearer be considered in 
 the light- of a Jurist or a man. 
 
 There were doubtless many reasons besides 
 those I have before alluded to, that operated 
 on the minds of the members of the conven 
 tion who framed the Constitution, and on 
 those of the people who ratified it, for their 
 
 Neither individuals, nor nations of men, 
 when struggling for a bare " existence," are 
 apt to think much about future acquisitions 
 or conquests, under any circumstances. Much 
 less then would the framers of the Constitution 
 have been likely to raise the question of addi 
 tional territory in that instrument and thus 
 add greater force to the arguments based by 
 opposers of the Union, on the ground, that 
 the States already existing comprehended too 
 much territory, for one Union. Experien 
 ced navigators can not rationally be suppo 
 sed to be inclined to stipulate for additional 
 freight, however tempting the inducement of 
 fered may be, at a moment, when all their 
 thoughts and energies, are required to pre 
 serve their ship from sinking tnrough excess 
 of cargo already on board. 
 
 J ust escaped barely with life, from, a des 
 perate and protracted struggle with an hercu 
 lean foe, impoverished, weak and despond 
 ing, holding as it were "the cup of trembling 
 in their hands," and struggling for " exist 
 ence," if through the clouds that at that pe 
 riod hung lowering over the future, there was 
 a gifted, hopeful individual in that assembly 
 of great men who framed the Constitution, 
 whose prophetic vision enabled him to peer 
 bevond the darkness of the hour, and to be- 
 
 not including in its articles any provision for j hold the blessings that were preparing in the 
 the acquirement, and government of territory, j hand of Providence soon to be showered up- 
 As has been before stated, one of the greatest ! on the infant nation, he and his compeers 
 objections brought against the Union of the were endeavoring to create, out of thirteen 
 old thirteen States was the great extent of j feeble and disjointed States ; if I say such an 
 territory, already embraced within their limits, j improbable event as the future acquisition of 
 There were many advocates for constituting j new territory ever presented itself to the 
 two separate nations out of the Confederacy, j mind of one o r more of those gifted men, du- 
 r.ud even three were contended for by some, j ring their deliberations, they were probably 
 So hard was the task to perform that was too discreet to give it utterance, but wisely 
 
 devolved on the convention for framing the 
 articles of the Constitution that it is recorded 
 by Marshall in his life of Washington, that at 
 
 considering, " that sufficient for the clay IB 
 the evil thereof," postponed its consideration, 
 until the necessity should require an amend- 
 
 Keveral periods, that assembly was upon the j ment of the Constitution, to 1 meet such an al 
 
 point of breaking up without accomplishin 
 anything. And when its labors were perfect 
 ed, and the Constitution was submitted to the 
 
 most inconceivable and hardly to be supj os- 
 
 cd requirement. 
 
 The Constitutional convention was conven- 
 people of the respective States for, adoption, it I ed in Philadelphia, at the same time that the 
 barely survived the ordeal. " It was adopted j Confederated Congress was there sitting, that 
 (says Story) unanimously by Georgia, New j enacted the Ordinance of 1787 for the tempo. 
 Jersey and Delaware. It was supported by i rary government of the N. "West territory. 
 
 large majorities iu Pennsylvania, Connecticut, 
 Maryland and South Carolina. It was car- 
 
 There can be but little doubt, that a free in 
 terchange of views and sentiments passed be. 
 
tweeri the members of the two bodies ; and 
 although the " compact " which Congress at 
 that time assumed to enter into with itself 
 in the name of three other distinct parties 
 (and one of these not yet in being) could have 
 no binding force in law, still as things then 
 were, it is highly probable that the conven 
 tion thought it most wise not to complicate 
 the new form of government, by meddling 
 with the arrangement, but leave it to be car 
 ried out or not as the people of the respective 
 States might decide, as had been the case in 
 regard to most other Ordinances, enacted by 
 the Congress of the Confederated government, 
 especially as any attempt to extend Federal 
 jurisdiction over the territories at that mo 
 ment, might place still another weapon than 
 the one just hinted at in the hands of the op- 
 posers of the Constitutional form of govern 
 ment the convention was aiming to establish. 
 At that period there were many honest 
 and strong minded men in the country who 
 put forth all their energies in opposition to 
 the proposed form of government, on the 
 ground that it would be apt to encroach up 
 on the sovereignty of the separate States, aud 
 finally absorb all power. " The advocates of 
 this doctrine (says Story) predicted with con 
 fidence, that a government so organized would 
 soon become corrupt and tyrannical and ab 
 sorb the legislative, executive and judicial 
 powers of the several States, and produce 
 from their ruins, one consolidated govern 
 ment, which from the nature of things, would 
 be an iron-handed despotism. Uniform ex 
 perience (it was said) had demonstrated that 
 a very extensive territory cannot be governed j 
 on the principles of freedom otherwise than 
 a confederacy of republics, possessing all the 
 powers of internal government, but united in 
 the management of their general and foreign 
 concerns ! Indeed any scheme of a general 
 government, however guarded, appeared to 
 some minds (which possessed the public con 
 fidence) so entirely impracticable, by reason 
 of the extensive territory of the United States, 
 that they did not hesitate to declare their 
 opinion, that it would be destructive to the 
 civil liberty of the citizens." 
 
 When we reflect that at that period, at least 
 one half of the area lying within the bounda 
 ries of the United States, was in tlie condition 
 of disorganized territories, it will require no 
 effort of the mind to -conceive what a potent 
 weapon for mischief, the framers of the Con 
 stitution would have placed in the hands of 
 its opposers, by conferring on the General 
 government a positive jurisdiction over these 
 territories, at the ame time it was invested 
 with a discretionary power in regard to ad 
 mitting them into the Union as States. There 
 can be scarce a doubt but that such a pro 
 cedure would have defeated the ratification 
 of the Constitution altogether. 
 
 Besides this it was very important that the 
 unappropriated land within these territories, 
 
 should be surrendered by the respective State 8 
 within whose chartered limits it lay, to 
 the General government, for the purposes 
 of revenue to be derived from its sale. 
 Virginia, New York, and some other Stales 
 (as before said) had already made large ces 
 sions of the kind, but there were still vast 
 tracts retained by the same, and other States, 
 which it was of the utmost consequence to 
 the public welfare, should be also conveyed 
 to the General government. The extension 
 of federal jurisdiction over these territories, 
 would most likely have added another serious 
 hindrance to their transfer to those already 
 existing ; and thereby caused great inconve 
 nience to the General government, even if 
 such a procedure should not altogether defeat 
 its establishment. 
 
 Take for instance the case of North Caroli 
 na. This State we know did not ratify the 
 Constitution until some time after the 
 Constitutional government was organized. 
 Its territory extended from the Atlantic to 
 the Mississippi. Thus for a period of twelve 
 months after the assembling of the first Con 
 gress, under the Constitution, the " United 
 States of America" was divided into ttto dis 
 tinct parts ; South Carolina and Georgia be 
 ing separated from the remainder of the Stales, 
 by a strip of land of an average width of more 
 than an hundred miles, including North. 
 Carolina, and the territory then belonging 
 thereto, now comprehended in the State of 
 Tennessee. 
 
 This territory had not as yet been conveyed 
 by North Carolina to the General govern 
 ment, nor was it until the early part of 1790, 
 when it was ceded to the United States for 
 the same purposes, and on nearly the same 
 conditions, as was that lying to the north 
 west of the Ohio by Virginia, with howev 
 er the striking exception that instead of ex 
 cluding slavery from the said territory as it 
 was enacted in the OrdinancS of 87, the 
 territory parted with by North Carolina is ce 
 ded on the express condtion, "That no regu 
 lation made or to be made (therein) by Con 
 gress, shall tend to emancipate slaves." And 
 it is farther stipulated in the articles of ces 
 sion " that the laws in force and use in the 
 State of North Carolina, at the time of pass 
 ing this act, shall be, and continue in full 
 force in the territory hereby ceded, until the 
 same shall be repealed, or otherwise altered by 
 the legislative authority of said territory." 
 
 Here it is made manifest that North Caro 
 lina, which has ever stood pie-emineut as a 
 pattern republican State, was so jealous of the 
 authority, or the usurpations of the Federal 
 government, notwithstanding the Constitu 
 tion confers on it no civil jurisdiction over 
 the people of the territories; that in making 
 the cession it is not only stipulated that the 
 Inw making power shall reside and be con 
 tinued in the hands of the peaple of the ced 
 ed territory, but that the general government 
 
in the exercise of their constitutional right to 
 make " needful regulations " for the disposal 
 of territory, shall make "no regulation" that 
 "shall tend to emancipate slaves." 
 
 But it is unnecesary, it is even unsafe, to 
 attempt to pry too closely into the motives 
 that induced the framcrs of the Constitution, 
 or the people who ratified it, to withhold from 
 Congress the law making power over the peo 
 ple in the territories of the United States. 
 It is enough that nothing in the plain mean- | 
 ing common sense construction of its text 
 conveys any such power ; a power that if in 
 tended to be conveyed at all was certainly of 
 sufficient importance, to be definitely express 
 ed and not left to be inferred by dubious im 
 plication. 
 
 To assert that the power is inherent in the ! 
 General government, as aright of sovereignty j 
 in common with other nations of the earth, ! 
 strikes at the very foundation of the princi- j 
 pies, upon which our Union stands. For the j 
 management of its internal concerns, at least, \ 
 the Federal government can claim no author- ! 
 ity for its public acts from any precedent or j 
 source whatever, save from what is conferred : 
 in the Constitution of the United States, much j 
 less from the practices of the arbitrary and | 
 despotic kingdoms of the earth ; the theory j 
 of whose government, instead of being based j 
 on the " inalienable rights " of the people, | 
 are mostly derived from the Devil and Priest- j 
 inculcated doctrine of the " divine right of 
 kings." 
 
 If we seek for the primary cause, the first I 
 false political step that has opened a door for j 
 the entrance of our present difficulties and : 
 dangers, we may probably find it in the ac- : 
 quisition of the Territory of Louisiana, pur- ! 
 chased of France in 1803. 
 
 I do not mean to be understood to say that j 
 our troubles have necessarily grown out of i 
 the acquisition of the territory itself, but that ; 
 they have been greatly promoted by the mode I 
 of accomplishing it. Before making that j 
 purchase the Constitution of the United States 
 should liave been amended to meet the requi 
 sition. The question of slavery in the territo- ! 
 ries would most probably then have been | 
 brought before the people of the United States j 
 and settled on a Constitutional basis. 
 
 This is the course that should have been j 
 adopted, and this is the course that would 
 have been pursued, had Thomas Jefferson, 
 who then filled the Presidential chair, inherited \ 
 the firmness of either of his predecessors in ! 
 office. Had Jefferson adhered to his own j 
 convictions of duty, his signature would never ( 
 have been affixed to the treaty by which Lou- i 
 wiana was acquired, until a new clause had 
 been inserted in the Constitution authorizing 
 such an act, and ratified by the people. But 
 slas ! although seeing, knowing, and avowing 
 the right, that responsible public officer, was 
 
 nevertheless weak enough to suffer his mind 
 to be swayed from its better judgment and 
 adopt the wrong. He signed the treaty, pro 
 testing against its constitutionality almost at 
 the same moment. The oath that greaJ 
 statesman had taken to support the Constitu 
 tion of the United States was disregarded, 
 principle was deferred to expediency, the 
 constitution was trampled under foot by the 
 highest officer of the nation, and we are now 
 reaping the penalty of the transgression in a* 
 many threatening forms of evil as wan ever 
 poured from Pandora s box on any unfortu 
 nate people. False to his duty, his conscience 
 and his oath, if Thomas Jefferson could be 
 permitted again to be here and behold the 
 consequences that have accrued to his country 
 from that one rash act, well might he exclaim 
 with Cranmer, "that unworthy hand," and 
 with the martyr lament that it too, had no* 
 perished in the flames, ere it had affixed hi* 
 name to the fatal document. 
 
 One false step naturally produces another 
 and so on to the end of the chapter. Out^of 
 this territory so acquired the State of Louis 
 iana was carved and admitted into the Union 
 in 1811. Ten years more had not passed 
 when the new State of Missouri created out 
 of a part of the same territory, came knocking 
 at the doors of Congress for admission into 
 the Union on the same condition as the State 
 of Louisiana had been admitted ; \ v/. simply 
 to support in all respects the Constitution of 
 the United States. 
 
 But the boundaries of Missouri encroached 
 upon the latitude of the North West territory, 
 and it was thought expedient by northern 
 members of Congress that slavery should be 
 excluded from the new State. Many of u* 
 well remember how the Union was shaken a* 
 with an earthquake in the disposal of ^that 
 question. The new State was finally admitted 
 with all the sovreign rights enjoyed by other 
 States of the Union. But at the same time 
 by what is called the "Missouri Compromise*" 
 Congress unwisely attempted to substitute an 
 act of its own, to" fill a constitutional require 
 ment, and to enact that Slavery should hence 
 forth be excluded from all territories of the 
 United States lying north of latitude 36 deg. 
 30 min. 
 
 We have seen how that the last Congress 
 under the Confederation, had included in the 
 ordinance of 1787 zfidion called a compact, by 
 which slavery was to be forever excluded from 
 the new States that were to be created out of 
 the north west territory, and that this ordi 
 nance including the fictitious compact, had 
 been re-enacted by the first Congress that as 
 sembled under the Constitution. Up to the 
 time of the "Missouri Compromise, no at 
 tempt I believe from any quarter had ever 
 
been made to disturb the conditions of this i 
 compact ; neither was there ever any to dis- ! 
 turb the conditions imposed on Congress by 
 the treaty or compact which that body subse- 
 
 rently entered into with North Carolina, that 
 very should not be excluded or interfered 
 with by any act or regulation of Congress 
 within the limits of the territory ceded to the 
 United States out of which the State of Ten 
 nessee has since been formed. Neither have 
 we any good reason to suppose that any at 
 tempt ever would have been made to disturb 
 the conditions of the Missouri Compromise, 
 were it not that circumstances that I have be 
 fore alluded to, have caused the question of 
 negro slavery to assume a political aspect of 
 paramount importance, in the view of the peo 
 ple of the slave holding States. 
 
 However ill-founded may be their suspi- 
 eions, there can be no question that the people 
 of the slave holding states really believe that 
 there exists at the North a large and increas 
 ing party, whose hostility to the institution of 
 negro slavery is not intended to stop at the 
 boundaries of the territories belonging to the 
 Union, but that ultimately it contemplates in 
 vading the sovreignties of the respective States. 
 In this aspect of things, the people of the ( 
 slave holding States believe that the only 
 means they have of securing their constitu 
 tional rights from invasion, is by maintaining 
 an equality of representation with the non- 
 slave holding States, in one branch of Congress 
 at, least. 
 
 Hence when in addition to the constantly 
 increasing anti-slavery feeling at the North, 
 the South could not be blind to the fact that 
 the population of that section of the Union 
 was also increasing in a vastly greater ratio 
 than was that of their own; and again, that a 
 large proportion of the territories of the 
 United States that must soon" be apportioned 
 and received as States into the Union lie on 
 the side of the parallel of 36 deg. 30 min 
 from which slavery was to be excluded by - 
 law of Congress, it is highly probable that 
 when southern statesmen contemplated these 
 acts, that they were led to re-examine the 
 character of the Missouri Compromise with 
 the view of agitating its repeal. I know not 
 however that there is any evidence of sufficient 
 force to substantiate this point, or to prove 
 that the bill introduced by Douglass to this 
 effect, cmcnated from Southern (objective) in 
 fluences. For one, I have always felt con 
 vinced, that from whatever quarter the meas 
 ure may have ostensibly originated, it was in 
 reality brought about by the "insiduous wiles" 
 of crafty Jesuits of foreign birth and allegiance, 
 and was one of a series of "artifices" "covert 
 ly" concocted by that freedom hating frater 
 nity at nearly the same period, having for 
 
 their object the distraction and division of the 
 great American party, which had so suddenly 
 arisen, and stood like a giant in the way 
 of the "batteries" which the Romish Hier 
 archy has for some years past been "constantly 
 and actively, though covertly and insiduouslf 
 directing against the "palladium of our politi 
 cal safety and prosperity" and which American 
 party these deadliest foes of our country felt it 
 a necessity to divide into sections and factions 
 before they could succeed in their grand de 
 sign of "alienating one portion of our country 
 from the rest" and so "enfeeble the sacred 
 ties that now bind together the various parts" 
 as to enable them to involve the two 
 sections of the Union in civil war and finally 
 in irretrievable ruin. With this object in 
 view, I have but little doubt that a bird of the 
 air was mysteriously commissioned to whisper 
 into the ear of Douglass that it required but a 
 union of the slave holders and the Romish 
 Hierarchy to elect at any time a President of 
 the United States, and with the same delphic 
 voice insinuate to the ambitious demagogue- 
 how he himself might secure the tempting 
 prize. 
 
 The correctness of this view subsequent 
 events has seemed to confirm especially the 
 laudation and panygeric that has been heaped 
 upon his Jesuit friends, since the passage of 
 the Nebraska bill, by Douglass in some of his 
 public addresses. 
 
 But some of our American demagogues it 
 would seem have yet to learn the fact, that in 
 no contingency whatever, is it possible that 
 a brother of "the Society of Jesus," can ap 
 proach or deal with one not of their corpora 
 tion in good faith. 
 
 Should the present occupant of the Presi 
 dential chair remain docile in the keeping of 
 the Jesuit "power behind their winking Ma 
 donna" and continue to truckle to the Avill of 
 those ecclesiastical directors of his conscience. 
 as submissively as he has heretofore done, it 
 is highly probable that such representations of 
 his fidelity will be forwarded to the General of. 
 the Jesuit College at Rome as will insure his 
 being selected in that high quarter as the can 
 didate of the Church for the Presidency of 
 the United States, notwithstanding any in 
 tangible assurances that Douglass may fancy 
 he has received from the same source. Should 
 this be the case the nomination of Franklin 
 Pierce will most assuredly be endorsed by 
 the Democratic party, for the reason that the 
 leaders of that party are at present irretriev 
 ably committed to the domination of their 
 Jesuit colleagues, and must so remain to se 
 cure the co-operation of the Romish Hier 
 archy in the next election, on which they 
 know full well that their only chance of suc- 
 cass depends. 
 
Again, should the American party continue 
 to permit its deadliest foes to direct its meas 
 ures and distract its councils, its southern 
 wing, through the pressure of the more im 
 mediate danger that seems to threaten the 
 domestic institutions of the South, will in all 
 probability, be driven to cast its vote with the 
 democrats for the Jesuit s candidate. The 
 consolidated vote of the fifteen slaveholding 
 States, joined to that of the States at the 
 North and West, in which the votes of the 
 slaves of the Roman Hierarchy can be used 
 to turn the scale will elect a President. 
 
 Then when that important station is occupied 
 by an automaton, that is completely enshroud 
 ed hi a mystical net of Jesuit weaving, we 
 may look out for the commencement in ear 
 nest of the shedding of blood in civil strife, 
 but not before, with their consent mark my 
 word; for these accomplished conspirators 
 and assassins, the Jesuits, know full well the 
 importance of first making themselves entire 
 masters of the Commander-in-chief of the army 
 and navy of the United States, to the thor 
 ough fulfilment of their plans. 
 
 If I am net much mistaken, the event will 
 prove that although the Jesuit conspirators 
 will make use of the slave holding States as 
 stepping stones to power, they will, neverthe 
 less not even accord to them the poor Cyclo 
 pean privilege of being the last victim de 
 voured. On the contrary, their aim will prob 
 ably be to promote the utter ruin of the 
 southern portion of the laion first, and then 
 through the tens of thousands of ways that 
 through the confessional they can reach the 
 domestic hearth of families, and by means of 
 the public press, a great proportion of which 
 is already corrupted and working in their 
 harness, they will create innumerable factions 
 at the North, through the excesses of which, 
 and the innumerable outrages and assasinations 
 that they themselves will cause to be commit- 
 tedl by their secret tools, a "reign of terror g 
 will be established, and in the prophetic, warn 
 ing language of Washington, as expressed in 
 his farewell address already repeatedly quoted 
 from by "the alternate domination of one fac 
 tion over another, sharpened by the spirit of 
 revenge, natural to party dissentions, which in 
 different ages and countries has perpetrated 
 the most horrid enormities," and by "the dis 
 orders and miseries that result, gradually in 
 cline the minds of men to seek security and 
 repose in the absolute power of an individual," 
 and "sooner or later" thus enable "the chief 
 of some prevailing faction (the Romish most 
 probably) more able or more fortunate than 
 his competitors," to "turn this disposition to 
 the purposes of his own elevation on the ruins 
 of public liberty" and by a coup d etat such 
 as under the direction of the Jesuit priesthood 
 
 i elevated Louis Napoleon to the throne of 
 France, place a crown on the head of a Jesuit 
 : directed Emperor of North America, and thus 
 ! not only stamp the farewell warning of Wash- 
 1 ington with the impress of inspiration, but, 
 | also verify the clearly expressed prediction of 
 | his most cherished friend, Lafayette, so 
 ! often repeated and so earnestly dwelt upon 
 ! by him when conversing with Americans, " IF 
 
 THi; LIBERTIES OF AMERICA ARE EVER DE 
 STROYED IT WILT, BE BY ROMISH PRIESTS ! " 
 
 I am well aware that many readers will 
 ! treat these ill expressed forebodings, as little 
 ! better than the ravings of a maniac, but nev 
 ertheless I am constrained to place them on 
 record, from a conviction^ that long and 
 earnest study and observation, has impressed 
 I on my mind, that, as improbable as it may 
 i seem to most readers, something very similar 
 to what is prognosticated will be the fate of 
 j our country UNLESS, not only a majority, but 
 | a LARGE majority of Native Americans, both 
 { North and South will consent to forego their 
 ; senseless and fruitless animosity on the sub 
 ject of slavery and unite in the cause of their 
 common country and of mankind, and firmly 
 ! resolve that neither the "batteries nor mach 
 inations of either internal or external enemies, 
 however covertly and insiduously directed," 
 shall prevail with their consent to " alienate 
 any portion of our country from the rest, or 
 enfeeble the sacred ties that now bind together 
 the various parts." 
 
 More particularly would I plead with my 
 fellow citizens of my native State, that they 
 should one and all arise as one man, and with 
 hold from mischief as in a grip of iron, the trai 
 tors, demagogues, fanatics and misguided men, 
 who are laboring to infuse into our minds the 
 spirit of discord, and under the color of freeing 
 a portion of the people of this Union from an 
 unfortunate bondage, that we all lament, but 
 which we cannot constitutionally prevent, are 
 urging us to the adoption of violent and un 
 christian measures that can scarcely fail in the 
 end if persevered in, to subject us all to a 
 bondage even more galling to the spirits of 
 American freeman than is that of negro slave 
 ry to the African race. Let us reflect that 
 the very houses in which some of us reside 
 were reared by our forefathers with the price 
 of Africa s children torn ruthlessly from their 
 country and their homes, and that if the roof 
 trees of some of these were gifted with a 
 tongue to speak they "could a tale unfold" of 
 murders and outrages enacted on our fellow 
 men "whose lightest word would harrow up 
 the soul" and pale the foulest wrongs that are 
 now inflicted on the hapless race in any State 
 of this Union. 
 
 " If ye seek to shafa off your allegiance to 
 Rome, ye Germans ! (and why not ye Ameri- 
 
26 
 
 cans, as well ?) WE WILL BRING THINGS TO j money to buy with. The disposal of all other 
 SUCH A PASS, that ye shall unsheath the sword qnestio ns is left with the settlers themselves : 
 
 and whatever a majority of these ordain in 
 respect to any of those things, the minority 
 must acquiesce in. 
 
 Such were the germs of the thirteen little 
 colonial governments, that eventually expand 
 ed into states, and out of wh ch our Union 
 
 of extermination against each other, and per 
 ish in your own blood!" The POPE S NUN 
 CIO to the Germans. D Jlubigne. 
 
 Whether the South is, or is not responsi 
 ble for the origen of the Nebraska and Kan 
 sas bill, it is certain that it could not have been 
 
 caused without the aid of Northern votes, j was formed ; and it is precisely such states 
 and on these should the responsibility of- its | as these, that the Constitution contemplates 
 passage rest ; for how can we reasonably ex- ; shall be added to tins Union ; states in which 
 pect that Southern members should vote | the people themselves, " Do ORDAIN AND ES- 
 against a bill that affirmed a constitutional j TABLISH " their own laws. That is the great 
 dogma, that thfy had always contended for, ! principle that Americans contended for in the 
 when it was introduced into Congress by a war of the revolution, and that is the great 
 
 principle that is most prominently set forth in 
 
 the preamble of the Constitution, and recog- 
 
 Northern man, and sustained by Northern 
 votes. 
 
 There were probably as many Northern | nized in every sentence that follows it. 
 members of Congress who voted for the pas- | Whatever, person establishes himself on 
 sage of the Nebraska bill as there were who j territory or land purchased of the United 
 voted for the Missouri compromise. Both ! States, must depend solely on the laws he 
 bills were mainly carried by Southern votes ; } finds there already instituted, or which he 
 with members of that section one was regard- I may himself, assist in ordaining after his ar- 
 ed as a question of expediency, the other of j rival, for the protection of all goods, chattels, 
 principle. Having asserted this principle in I and things he may claim as his own, whether 
 the passage of the Nebraska bill the South these be houses or merchandise, men, or ani- 
 seemed content, and disposed to permit things j mals. For on the broad and distinct princi- 
 to take their natural conrse. Had the North j pl e , which the Declaration of our Independ- 
 prudently adhered to the same line of conduct, ence emphatically puts forth, and which is 
 all might yet have been well. In that case i recognized in the preamble to the Constitu- 
 emigration* to Kanzas, like true "charity," j tion, it is the inalienable right of the people 
 would not have been " strained." A com- ; to institute their own government, " in such 
 munily would have there established them- \ form as to them shall seem most likely to ef- 
 selves, unquestionably mostly from the North- | feet their safety anc^fiappiness." 
 ern states, and quickly formed themselves into Over the people of these territories, the 
 a body politic, as did the little communities J United States has no constitutional right to 
 that first emigrated to this country from Eu- i exercise any jurisdiction whatever, neither has 
 rope. Like these, too, if left undisturbed by j it any right to require of them the surrender 
 the general government, they would have in- i of fugitives from justice, or from service, 
 stituted all laws and regulations necessary and ! except by especial treaty, as in the case of 
 proper for the government of their infant i foreign nations. As before said, it is only 
 State. Over these neither the respective where the people of the territory apply to be 
 State Governments, nor the Federal Gov- admitted into the Union as a State, and are 
 ernment ought to exercise any control, so i received, that the laws of the United States 
 long as they did not hinder the latter in " dis- ! can be legally extended over them, 
 posing " of the territory, or LAND, (as the ! Neither is the General Government author- 
 term was formerly used to imply) belonging j ised to compel the people of a territory to 
 to the United States, nor trespass on the i apply for admission as a State. The Consti- 
 same. tution says that Congress may admit new 
 
 There is nothing in the Constitution of the | states, it does not say that it shall. By parity 
 United States, that goes to prohibit any class j of reasoning then, a State may apply for ad- 
 of persons, whatever, from purchasing land of j mission, but nothing in the Constitution either 
 the Government. When once put in market, j asserts or implies that it shall. The idea of 
 this is open to all who have money to buy | coercion is alike foreign to the fundamental 
 with, whether Christian or Jew, whether 
 Turk or Pagan, slaveholder or non-slave 
 holder. When a purchaser presents himself 
 
 principles on which the government of the 
 United States is founded, and to the views en 
 tertained on the subject by the framers of the 
 
 at the land office, he is not to be queried with I Constitution and of our forefathers. 
 
 whether he has one wife, or four, whether he As no coercion to induce states formed out 
 
 of the territory of the United States is con 
 templated in the Constitution, so neither is it 
 needed. Whoever will studv minutely the 
 
 intends to improve his new domain with slaves. 
 or free labor, whether he worships God, or 
 Mammon ; but simply whether he has the 
 
27 
 
 progress of events in this favored land, can- ! 
 not foil to perceive that they have ever been 
 controlled, and guided in one direction, doubt- j 
 less for some good purpose, by the spirit of un- j 
 erring wisdom. The great wave of emigra 
 tion that sets to our shores, bearing on its bo 
 som the crudities of Europe, finds its level 
 befo.e it reaches the territories. The hardy 
 pioneers of the wilderness, are ever of the 
 Yankee breed, with whom the formation of 
 u government based on tha principles of the 
 Xtars and Stripes is an insurmountable in 
 stinct of nature. Drop a dozen of such men 
 in the midst of a howling wilderness, and they 
 will scarcely feel themselves on their feet, be 
 fore we shall find them assembled in town 
 r.id t. itg, and engaged in digesting a plan of 
 government. And who does not know, that 
 such men are better qualified to institute a 
 practical form of government, based upon 
 the " inalienable rights of man," not only 
 for the government of a score of individuals. 
 but of as many millions, than are all the 
 learned savans of Europe. To attempt to 
 force a state so formed, into the Union, would 
 be like attempting to drive by violence a man 
 into his own house, or to attempt to exclude 
 it would be tantamount to compelling him 
 against his will, to stay outside of his own 
 door. In either case he would be sure to 
 rebel. 
 
 The attempt by Northern men, to prema 
 turely force into "Kansas a body of emigrants 
 for the purpose of carrying into effect a " fore 
 gone political conclusion," is factious in its 
 character, and utterly at variance with the 
 sentiments of compromise, and conciliation, 
 that held sway in the breasts of Washington 
 and the other great men who with him framed 
 the articles of the Constitution. Whilst no 
 explanation or apology whatever can atone 
 for the atrocious invasion of that territory by 
 the border ruffians of the State of Missouri, 
 it is too evident that such an event is but a 
 legitimate consequence of the course pursued 
 by the class of men at the North referred to, 
 who seem gifted by nature with " all manner 
 of sense except common sense" A glance at 
 almost any Northern journal, will reveal to us 
 the fact, that the conductors of the " Emi 
 grant Aid Society " in all their movements, 
 seem to have regarded the slave-holding 
 Stites, in the light of a lethargic monster, on 
 whose very back they might heap coals of 
 fire with impunity. Neither did the people 
 of the South manifest much disposition to op 
 pose the Northern movement alluded to, un 
 til they had been goaded to madness, by a 
 constant, ever flowing stream of abuse, poured 
 upon their heads by the Northern press and 
 by the reiterated boasts that were made in its 
 v/idely circulated columns, that the plans of 
 
 the North in regard to excluding slavery from 
 Kansas would certainly succeed, in spite of 
 all that ,could be done by the South to pre 
 vent it. Thus insulted, taunted and as it were 
 spit upon, the " lethargic monster " at length 
 aroused itself, and proved to these Northern 
 factionists, that their game was one that two 
 could play it. 
 
 And where are we now ? Each party is 
 faiily on its feet, and mustering its forces, to 
 decide the question in the battle-field : while 
 a weak and inefficient President of the Na 
 tion, whose duty it was, and still is, to nip the 
 threatened collision iu its bud, by shielding as 
 he is constitutionally bound to do, the people 
 of Kansas from the Missouri and other hos 
 tile invasions, lies bound in mysterious chains, 
 unable or unwilling to lift his hand or his 
 voice, to stay the dogs of war, that such 
 Jesuit and JEJUJTESS directed traitors as 
 Greelcy are straining every nerve to congre 
 gate in martial array, and to precipitate on 
 Kansas with the avowed object of drenching 
 its soil with American blood. 
 
 It is such traitors as this same Horace 
 Greeley, and their Jesuit colleagues, and direc 
 tors, that the American party should watch 
 with unslumbering eyes, and make to feel that 
 they will be held responsible for every drop of 
 blood that may flow in the approaching com 
 bat they are laboring to excite between the 
 North and tbe South. (Let but the Jesuit 
 prieethood of Home, and their tools, be as 
 sured, of this, and there will be no civil war.) 
 Step by step the measures hav J been agitated, 
 conducted, and perfected, by these emissa 
 ries of Satan, that have led (and designedly 
 led) to the "necessity" that they now tell 
 us exists, for the North to rise in mass, and 
 j defend the rights of the people of- Kansas by 
 j force of arms. 
 
 Well, if such a necessity really does exist, 
 j why do not these Jesuits, Editors, and dema- 
 | gogues, these Hughe*, Greeleys, and Sewards, 
 i who so clearly appreciate the necessity, form 
 | themselves .at once into a legion, and under 
 I the banntr.of their sulphuric master, rush to 
 i the rescue ? Why all this delay ? Is their 
 I blood purer than that of other men ? Are 
 i their lives more dear to them, or more valua- 
 i ble to the nation? On the contrary, in my 
 opinion, there is no class in the community 
 whose absence would cause so little inconve 
 nience ! Let the traitorous band then be or 
 ganised at once and march to Kansas! Let 
 the t\vo rabid hosts of Anti and Pro-slavery 
 men who are now mutually urging the nation 
 to war, there decide the great questien of free 
 dom or slavery on the battle field, between 
 themselves, and if the "necessity" requires 
 no more blood to flow than what courses 
 ^hrough their traitorous veins, I think that 
 
the nation ut large will have but little cause to 
 mourn. 
 
 If, as I have before asserted, the Federal 
 government cannot, constitutionally exercise 
 any civil jurisdiction over the people of the 
 territories, then neither the act of Congress 
 approved Feb. 12, 1793, entitled "an ad re 
 specting fugitives from justice, and persons 
 escaping from the service of their masters" 
 nor the act of Congress approved Sept. 18, 
 1850 supplemental thereto, can be constitu 
 tionally carried into effect within the limits of 
 any of the said territories of the United States. 
 Niether can the people of the territories avail 
 themselves of its provisions to recover fugi 
 tives from service, when these have taken 
 refuge in any of the States of the Union. 
 The only remedy in both cases is by special 
 treaty. 
 
 In fact, I cannot conceive how it is possible 
 to reconcile either of these public acts with 
 the Constitution of the United States, although 
 I grant that their practical operation may be 
 the same so far as regards the States, as that 
 contemplated in that instrument. 
 
 The section of the Constitution which com 
 pels the surrender of fugitive slaves, partakes 
 of the character of a compact, in which each 
 respective State stipulates to surrender on 
 certain conditions fugitives from justice and 
 also fugitives from service ; upon demand in 
 the first instance, of the "Executive authori 
 ty of the State," from whence the fugitive has 
 fled, and in the other, upon " claim of the 
 party to whom such service or labor may be 
 due." And it would seem plain to an ordina 
 ry understanding, that the general Govern- 1 
 ment can have no Constitutional right to in 
 terfere in one of these cases more than in the 
 other, until a State shall refuse to comply 
 with the "demand" or "claim" as the case 
 may be. Then it is true, but not until then, 
 the federal government may rightfully inter 
 pose its authority, and compel such delinquent 
 btate to obey a provision of the Constitution 
 which its every officer and legislator has 
 sworn to support. 
 
 All thinking men must admit, I believe, 
 that the "fugitive slave act" (so called) has 
 no practical effect for good. For one, from 
 its passage, I have felt convinced that it could 
 never to any great extent be enforced in the 
 northern States. However constitutional may 
 be its provisions, there is something, not only 
 in the northern mind, but in the minds of in 
 telligent men generally, that will forever war 
 with some of its requirements however just 
 may be its objects. 
 
 God has implanted in the breast of every 
 human being an instinct or a principle, that 
 ever disposes a man who is a man to take the 
 part of a fellow creature who appeals to him 
 
 for protection. And preserve me, I say, from 
 coming in contact with that man in whose 
 bosom this principle is dead. He is a brute, 
 yea, lower than a brute, for even brutes ac 
 knowledge it. 
 
 I would not under some circumstances, aid 
 even the owner of a noble brute in recovering 
 his property. Nay more, I believe that most 
 men would at times find it difficult to resist 
 even the mute appeals of the meanest brutes. 
 Whilst engaged in warm pursuit of the very 
 vermin of the field, when I have beheld a poor 
 creature, after exhausting every other resource 
 that seemed to offer a chance of escape from 
 the pursuing dogs, at length, with quivering 
 eye, and panting heart, and trembling limb, 
 turn to me for protection, I have respected 
 the instinct that prompted the appeal, and let 
 the little plunderer live. 
 
 Whilst I would not meanly attempt to shel 
 ter myself under the protection of law, as a 
 shield" from the consequences of its violation. 
 I confess that no human law could compel me 
 to aid in arresting and returning to servitude, 
 a fellow creature against whom no offence 
 was alleged save a desire of liberty. The law 
 may be satisfied by willingly undergoing its 
 penalty, as fully as by compliance. In such ,1 
 case I should choose the former. I would not 
 rebel, I would consent to suffer. Both the 
 law, and my own conscience would then be 
 satisfied, and the public peace would not be 
 disturbed. 
 
 I do not believe tfiat there is one intelli 
 gent slaveholder in ten throughout the whole 
 southern States, who would (unless officially) 
 personally aid in returning a fugitive slave to 
 his master, against the slave s consent. I 
 know that Henry Clay, the originator of the 
 "Fugitive Slave Act" would not, for he as 
 sured me so himself, whilst that act was pend- 
 
 I believe that Henry Clay was as great a 
 statesman and as true a patriot, as ever drev, 
 breath in America. I believe that under the 
 trying circumstances, he honestly believed that 
 the "Fugitive Slave Act" was the best practi 
 cal measure that Congress could adopt to al 
 lay the agitation then existing. But if even 
 the originator the father (as it were) of the 
 law could not himself comply with some of 
 its provisions, how is it to be expected that 
 other men can ? The thing is impossible ; 
 the people of the South should spare us ir< 
 this. 
 
 There is a beautiful idea embodied in the 
 sentence the Athenians passed upon the man 
 who had taken the life of a dove that had 
 flown to him for protection, when pursued by 
 a hawk. "Let him be put to death" said that 
 capricious, but discerning people, "for the 
 man who is capable of committing such an act 
 
cannot possibly be a good citizen of the State." 
 Even so I say, that the man who can delib 
 erately betray to his pursuers a poor wretch 
 fleeing not from the penalty due to crime, but 
 from servitude merely, und er the promptings 
 of that love of liberty that is implanted in the 
 nature of every creature that breathes, cannot 
 possibly be a good citizen of the State. Such 
 an act is strictly forbidden, even in the code 
 of laws, the first instituted on record, and 
 which was established and ordained for the 
 guidance and government of a people who 
 were but just emerging from a state of bar 
 barism. " Thou shalt not deliver unto his 
 master the servant which is escaped from his 
 master unto thee/ Deut. 23c : 15v. 
 
 For one, I should rejoice to see a law en 
 acted by Congress, appropriating an unlimited 
 amount of money, yea to the amount of hund 
 reds of millions if necessary, for the purpose 
 of reimbursing to a certain extent the owners 
 of fugitive slaves. If upon satisfactory evi 
 dence of ownership, two-thirds of the real 
 value of such fugitives were to be paid to the 
 claimant out of the United States treasury, and 
 the slave then be allowed to go free, thousands 
 of fugitives from servitude would be reclaimed 
 where there is now one. Every honest man 
 at the North, would then be willing to assist 
 the people of the South in recovering their 
 property ; and thus the pecuniary interests of 
 that section of the Union would be greatly 
 promoted by the same law that would promote 
 the peace of the whole country. 
 
 An institution like negro slavery, that has 
 for centuries been interweaving its fibers deep 
 into the heart of our social and poh tlcal fab 
 ric, is not to be uprooted in a day. Neither 
 can it be abolished by convulsive action, with 
 out danger of entailing far greater evils than 
 would be removed. The people of the North 
 understand but little of the relations that exist 
 between master and slave. Tfcey are illy qual 
 ified to act on the subject. The management 
 of the whole question should be left with the 
 people where it exists, and with whom the 
 Constitution of the United States has left it. 
 
 If the North would in good faith, honestly 
 abstain from interfering in the matter, a new 
 order of things would quickly be exhibited at 
 the South, Public sentiment there, would 
 then soon again assume a healthy aspect, and 
 no longer be unnaturally excited and irritated 
 into blindness. Thousands and tens of thou 
 sands of men, would then and there start up 
 as advocates for negro freedom, whom circum 
 stances now oblige to remain silent or who 
 feel compelled to join in pro slavery measures 
 as a means of protection against the ill-judged 
 and impertinent action of the North. Then 
 a^ period might quickly approach, when the 
 aid of the general government could harmo 
 
 niously and beneficially be exerted, to favor 
 the gradual extinction of the system, by aiding 
 States and individuals to colonize with their 
 own consent, colored persons already free, or 
 who may become so, in Africit. I know that 
 this was the plan looked forward to by Mr. 
 Clay, who never expected more of the "fugi 
 tive slave act" than that it should allay public 
 excitement for a season, and until more radi 
 cal action could be taken by Congress on the 
 subject. This was the plan which lay nearest 
 the heart of that great statesman, as a means 
 of assisting to remove slavery from the .States 
 of this Union. So much importance did Mr. 
 Clay attach to this line of policy, that he se 
 riously declared but a few months previous to 
 his death, his deliberate intention to close hia 
 political life, by a last effort to obtain the pas 
 sage of an act by Congress for the establish 
 ment of a regular communication between the 
 United States and Liberia, coupled with an 
 appropriation of public money sufficient to 
 insure to every free person of color who emi 
 grated hence to that Republic, a suitable pro 
 vision for the object. But alas, the stern mes 
 senger of death forbade the accomplishment 
 of the act. 
 
 Hod-carriers may readily demolish a struc 
 ture that skillful architects only can rebuild. 
 It would be well for the rabid opponents of 
 negro slavery to reflect upon the evils that 
 may flow from to sudden an overthrow of that 
 institution, as well as upon those already ex 
 isting in consequence of its continuance. 
 What, let them ask, is to be the position the 
 j colored man is to occupy in this Union in such 
 an event ? Is it possible that after a forcible 
 disruption, of the ties of master and slave, the 
 two races should blend harmoniously at the 
 South ? Or are we sure that the people of 
 the North may not feel the presence of the 
 latter amongst them too burdensome to be 
 borne. 
 
 If official returns are to be relied upon, 
 such are the hardships and privations already 
 entailed upon the blacks at the North, that it 
 requires a constant stream of emigration from 
 the South, to keep the race from becoming 
 extinct in our section of the Union. 
 
 Instead then, of moving heaven and earth, 
 as it were, in the cause of negro emancipation, 
 would it not be* well, as I have before hinted, 
 that abolition philanthropists at the North 
 should first do something for the cause of hu 
 manity a little nearer home. Let them begin 
 by instituting a thorough examination into 
 the condition of such of the colored people 
 as already exist among us, and endeavor to 
 bring to light some of the hidden circumstan 
 ces that cause so large a proportion of that 
 race when compared with other Americans 
 to be consigned to our prisons and houses of 
 
correction, and that prevents it from fulfilling 
 the great law of nature, to " increase and 
 multiply." 
 
 When this labor is satisfactorily accomplish- | 
 ed and effectual remedies applied, do not be 
 in haste to resume operations abroad, but 
 again examine the ground nearer home. If 
 the spirit becomes restive in contemplation of 
 the cruelties and hardships inflicted on the 
 slave at the South, let its fury be expended 
 on such objects, as the northern man who 
 urges beyond his strength his overdriven or 
 his overworked horse 5 or on him who occa 
 sionally blackens the eye of his wife, or knocks 
 over his own child. Let the philanthropist 
 reflect that such are the description of men 
 who would, were their lot cast at the South, 
 overwork and abuse, or when infuriated with 
 passion or rum, perhaps maim or kill their 
 slaves. 
 
 ^ Again, when these far looking philanthro 
 pists, chance to see some young barbarian tor 
 turing flies, or robbing a poor bird of its young, 
 or casting stones at a passing dog or cat, let 
 them reflect that of such untutored embryos, 
 men are formed, who whether they exist at 
 the North or the South, or in any region be 
 tween the poles, will alike find helpless and 
 unprotected objects, both of the human and 
 brute species, on which to exercise their hell 
 ish cruelty. 
 
 Put your shoulders then to the wheel, O 
 ye abolitionist philanthropists of the North, { 
 labor resolutely for the removal of these abom- j 
 inations from amongst us. Do not slacken I 
 your efforts for fear that when this is accom- | 
 plished nothing more will be left for, you to | 
 do. But when these abuses are reformed and ! 
 amended again cast your eyes around our own I 
 northern sphere, and you will find hundreds j 
 of other like deserving objects of your philan- j 
 thropic labors. Visit the poor in their lowiy \ 
 abodes ; relieve their present, and invent ways ! 
 to enable them to provide for their future 
 wants. Look into our prisons, our poor- 
 houses, and our asylums for the distressed. 
 These last objects will alone afford food for 
 your rampant benevolence for a score of years 
 at least. I have had trifling experience in 
 these matters, and speak not without kuowl- 
 edge 5 but if you doubt my wortl, receive at 
 
 least that of the present Governor of New 
 York, who in his last message holds forth to 
 the law-makers of that State the following 
 language : " Nearly one thousand insane per 
 sons are now co nfined in the different county 
 poor-houses of our State. In too many of 
 these the afflicted languish wretchedly with 
 out the ch.ince of a cure* In nearly all of 
 them their treatment is simply imprisonment, 
 Their helplessness and destructiveness make 
 their confinement in most cases more painful 
 than that of criminals." 
 
 Again I say, think of these things, and let 
 alone for the present the "mote" that you 
 perceive in the eye of the South, and cast out 
 the "be.im" that so obstructs the vision of our 
 own. Labor earnestly, diligently, prayerfully, 
 for the removal of the sins and abominations 
 that stand crying for redress at our own doors. 
 Then when all in this direction is accomplished 
 when our hands are made clean, and the 
 "beam" is purged from our eye, we shall be 
 endued with greater strength, and gifted with 
 a clearer vision to distinguish, and to aid ;n 
 the removal of more distant evils. 
 
 But if I do not greatly mistake, long before 
 that period arrives, if in the meantime we 
 cease from thwarting by our short-sighted and 
 unchristian haste, the beneficent designs of 
 Divine Providence, we shall discover that the 
 painful probation that God has permitted to be 
 meeted out in our land to the colored race, 
 like that which His most favored people were 
 of old forced for four hundred years to under 
 go, is not without its object ; but that as thro 
 the one dispensation a people were formed 
 and instructed that have since sta mped their 
 Divine impress upon three-quarters of this 
 globe the other is yet destined to convey 
 light and knowledge, through the experience 
 acquired in perhaps a less period of bondage, 
 to the remaining^ quarter of the globe ; and 
 that the little plant now just developing on 
 the shores of Africa, will, under the fostering 
 hand of America, through the blessing of Di 
 vine Providence, have grown into a tree, be 
 neath the broad branches of which countless 
 millions, protected by institutions formed on 
 the model of our own, will repose in safety 
 and happiness. 
 
 VAUCLUSE, 11. I., 1 mo. 28, 1856. 
 
 [The mailer contained in this pamphlet was first published in eleven numbers, periodically 
 which may account for some of its abrupt transitions.] 
 
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