REMARKS Mr. Thppan, of Ohio, on Abolition Petitions, delivered in Senate, Feb ruary 4, 1840. Mr. Tappan addressed the Senate as follows : Mr. President : I hold in my hand a number of petitions, purporting to be signed by inhabitants of Harrison county, in the State of Ohio, pray ing Congress>to abolish slavery and the slave trade in the District of Co lumbia. These petitions are signed by both males and females, in the proportion of'-afoout two thirds of the former, and one third of the latter. It is the constitutional right of every American citizen to petition Congress for a rrdress of grievances ; and I may say here, that whenever any citizen of Ohio shall complain of any grievance, under which he may be suffering, within the constitutional competency of this Government to remove, it will give me ,great pleasure to present the case to this body, and to be instru mental in removing the grievance complained of. These petitioners do not, however, set forth what particular grievance the existence of slavery and the slave trade in the District of Columbia is to them, how they are injuriously affected by it, nor why and wherefore it should be abolished. I am left to suppose, therefore, that the interest the petitioners feel in this matter is not a particular interest, arising from any connexion with the subject matter prayed for, not a grievance to them specially, but that they suppose the existence of slavery and the slave trade here is a grievance of a general and national kind, which they, with all other American citizens, have a right to petition Congress to remove. I am very far from questioning the right of any citizen of this Union to petition Congress, or their right to instruct their Representatives here as to such legislation for this District, as will, in their opinion, best promote the general interest of the whole Confederacy; but I mark the fact, that the petitioners were not agreed upon the nature, extent, and bearing of the supposed grievances they pray to have redressed, and were not prepared to assign any reason for their removal, as evidence that they had no particular cause of complaint in the existence of slavery here. Living at the distance of some hundred miles from the District, in a remote State of the Union, and having little or no intercourse with it, it is not to be presumed that they should be as competent to judge what legislation would best promote the prosperity and happiness of the people here, as the citizens of the District themselves, who are to be more immediately affected by such legislation. The petitioners have, indeed, no right to interpose their wishes, or will, as to such interests as are peculiar to the population of the District, and have no bearing on the general interests of the Union. This, it may be pre sumed, is well known to and understood by them, and therefore the con clusion I have come to, that the petitioners have no particular interest in this matter, and have no claims to a 'hearing on that account, is sufficiently evident. I have no doubt but that the Constitution, by giving to Congress the power " to exercise exclusive legislation in all cases whatsoever" over this District, has given Congress the power to abolish slavery and the slave 2 trade here whenever the- people of the District ask, or the safety of the whole Union requires it. Congress, as the constitutional legislature of this District, have, in my judgment, a twofold duty to perform— first, as the Representatives of the District, not elected and chosen by the people of the District, but made by the Constitution the only law-making power for it, and thereby its constitutional Representatives : second, as the Representa tives of the whole nation. In the former capacity, the power of Congress extending "to all cases whatsoever," seems limited only by those great principles of equality and justice which lay at the foundation of all our legislation ; in the latter they can exercise no powers but such as are ex pressly delegated to thenl, or such as are clearly necessary to carry into effect the powers so expressly granted. The principles adverted to, require of American legislators that they should make the happiness of the people the end and aim of all their enactments. In their first capacity, therefore, as the legislature of the District, they are bound to consult the will and wishes of the District, in all matters which concern its inhabitants only. I conceive that the will of the people here should be the governing rule for the action of Congress, in all matters of strictly local concern ; unless that will demanded something which would be injurious to the general welfare. The reason why the framers of the Constitution gave to Congress^ and not o a local legislature, the power of legislation over the District, was proba bly to prevent the possibility of any law being passed here, which might militate against the general interest of the Confederacy ; and not to free Congress from the high moral obligation, incumbent on it as the legisla ture of the District, to consult the wishes of the people of the District, and form its laws, so as best to promote their welfare and happiness. But the people of the District are silent on this subject ; they ask for no change in their domestic policy : they have heretofore remonstrated against any action by Congress on their right to'hold slaves, and would probably again remonstrate, if they apprehended any danger of such action. They hold that they have a clearly legal and rightful property in and to their slaves ; that the Constitution of the United States protects them in the en joyment of such right. Now, whatever may be the opinion of the peti tioners as to the right, abstractedly considered, of men to hold human beings as property, this question was settled before the Constitution was formed — before this ten miles square was ceded to the Union ; and Congress, as le gislators of the Union, have no power over it. Next to the people of this District, those more immediately interested are the States who ceded this Territory to the United States. The cession was made by Maryland and Virginia, when," as" now, both those States held slaves ; and their right to this species of property was nowhere questioned. It may fairly be supposed, that when the cession was made, it was not im agined by any one that slavery would, or could be abolished here, until it should be abolished in those States. Had such an event been thought probable, the able men who guided the counsels of those States would have guarded against an event so very threatening to their security and repose. But these States are not alone in regarding trie measures prayed for by the petitioners as hostile to their interests ; all the States in which slavery is held lawful, consider the agitation of this question as full of danger, and the attempt to abolish slavery here, but as a first step in an unjust and un constitutional interference with their rights. If, then, Congress has the power to legislate for this District on this subject, as I hojd they clearly have such power, they have no right to exercise this power against the wil{ of the inhabitants of the District; against the will of thos*e who ceded the District to the tjnion ; and against the will of the other slaveholding States ; unless, indeed, the safety of the whole Union imperiously demands such legislation of us. Wheuthis confederacy of States was formed, and even when the Consti tution of the United States was adopted, most of the States held slaves. The laws of all (excep't, perhaps, Massachusetts) recognised the lawfulness of domestic slavery. Since that time, many of the States have entirely, and some others partially, abolished it ; and it seems to me that it is, and has long been, in a^radunl course of extinction. It is, however, an institu- ticn of the State Governments, a matter of mere State regulation,1 with which, as it exists in, or may be repulated by, the States, the Government of the United States, having nothing to do directly, should abstain from inter- fering indirectly. , Such^Mr. President, is my view of the subject, as it respects the power and duties ^pf Congress ; but there is another view which it is my duty tp state. I am here as one of the representatives of a sovereign State, meet ing with the representatives of twenty-five other equally sovereign and in dependent States, to exercise with my friend and colleague those strictly limited powers which have been conferred on the General Government, and bound by every principle of duty, of honor, and of inclination, to obey the will of the State, whose servant I am. The State I in part represent, is one of the first in this Union in all the elements of political power; it is not second to any in its entire devotion to those principles of equality and justice, which are the professed founda tion of our social institutions ; to none in her firm attachment to the union of the States. She would not permit any interference on the part of other States or societies with her institutions, unless addressed directly to her friendly consideration by those who might consider themselves aggrieved by them; nor would she interfere with the law,s and regulations of other. States, or justify her citizens in doing so, under any other circumstances. Slavery is an institution not only interdicted by the fundamental laws of Ohio, but it is entirely contrary to the genius and habits of her people. If petitions were to be presented here, praying some action of Congress which would, though but indirectly and remotely, tend to establish slavery in Ohio, or which her citizens believed would have that tendency, such a measure could not but be regarded as one of hostility to Ohio by her repre sentatives here; and hostility, too,, not" from an individual Senator, but from a co-State; for Senators, being representatives of sovereign States, cannot be presumed to act from themselves merely, but only by authority of the State, whose agents they are. Ohio might, and probably would, treat all such demonstrations with scorn and contempt; but if persisted in, and followed up from year to year, evincing a settled determination to com pel a change, she cpuld not but regard the States, whose representatives here promoted such attacks upon her, as unfriendly towards her. Ohio will do unto others as she claims that they should do; to her ; as she will not permit any interference with her own institutions, so she will not permit her servants to interfere with the institutions of other States. I Lknow her will upon this matter; it is clear and unequivocal. Resolutions !of her assembly have repeatedly declared her sentiments upon the subject- matter of these petitions, and her'decided opinion that the attempt: making by these petitioners "is hostile to the spirh;.pf the Constitution, and destruc tive of the harmony of the Union ;" and a recent more numerous assemblage YALE UNIVERSITY LIBRARY 3 9002 08725 9298 of democratic delegates in a State convention than has ever before met in that State, with but three dissenting voices, adopted the fallowing resolu tions : "Resolved, That, in the opinion of this convention, Congress ought not, without the consent of the people of the District, and of tire Slates of Virginia and Maryland, to abolish slavery in the District of Columbia ; "arid that the efforts now making for that purpose, by organized societies in the free Slates, are hostile to the spirit of the Constitution, and destructive to the . harmony of the Union. "Resolved, That, slavery beingf a domestic institution recognised by the Constitution of.the United States, we, as citizens of a free State, have no right to interfere with it ; and that the organizing of societies and associations in free States, in opposition to the institutions of sister States, while productive of no good, may be the cause of much mischief; and while such asso ciations for political purposes ought to be discountenanced by every lover of peace and concord, no sound democrat will have part or lot with them. "Resolved, That political abolitionism is but ancient Federalism, under a new guise, and that the political action of anti-slavery societies is only a device for the overthrow of democracy." I knowj sir, that these resolutions express the deliberate judgment of the democracy of Ohio ; as to the sentiments of the opponents of the democratic party, the Harrisonians, I know less.* Their conduct is open to observa tion. By that, it is well known that they hold in their fraternal embrace the entire abolition part of the population of Ohio. As to the female signers of these petitions, I have a word to say. Nature seems to have given to the male sex the exclusive powers of Government, by giving to that sex the physical strength and energy which the exercise of those powers calls into constant and active exertion. To the female a more delicate physical organization is given ; and she need not repine that she has not the iron nerve of her protector, man : he has the storms of life to encounter; she the calm and sunshine of domestic peace and quiet to enjoy. Hers is the domestic altar ; there she ministers and commands, in all the plenitude pf undisputed sway, the fountain of love and blessedness to all around her ; let her not seek madly to descend from this eminence to mix with the strife of ambition or the cares of Government; the field of. politics is not her appropriate arena ; the powers of Government are not within her cognizance, as they could not be within her knowledge, unless she neglected higher and holier duties to acquire it. Bound by'-fier asso ciations, by her education and habits, as the American woman is, to the insti tutions and laws and manners of her country, let her evidence the soundness of her principles, by guiding the young minds committed to her maternal charge, to that same love of liberty and devotion to their country she feels, and she need not fear but that her sons will correct all the errors of Gov ernment, as experience shall point them out. For myself, I cannot recog nise the right of my fair countrywomen to interfere with public affairs. Whether slavery shall be abolished in the District of Columbia or not, be longs not to them to say ; much less does it belong to the women of Ohio to agitate questions of public policy, which their own State Government has often declared it wrong in her citizens to meddle with. For these reasons, I decline presenting these petitions to the Senate. * Harrisonians. — A large meeting of the Whig party at Chillicothe, in Ohio, lately adapted . the following resolution : Resolved, By this meeting, that the cause in which we are engaged is the cause of civil I liberty, and the perpetuity of our happy, but at present deranged institutions. And knowing I as we do, that political names alone keep many froni our ranks whose hearts are with us, now" he it known and resolved, from this day forward, that all political names, such as Locofoco, Democrat, Republican, Whig, &c, be now merged in the general and heart stirring appella tion of Harrisonians. '