William H. Seward

William H. Seward

1 FREEDOM IN THE NEW TERRITORIES • March 11, 1850 (In the Senate)

"SHALL CALIFORNIA BE RECEIVED?" she come from the east or &om the west-every Four years ago, California, a Mexican prov­ new state, coming &om whatever part of the ince, scarcely inhabiteg, and quite unexplored, continent she may-is always welcome. But was unknown even to our usually immoderate California, that comes &om the clime where the desires, except by a harbor, capacious and tran­ west dies away into the rising east-California, quil, which only statesmen then foresaw would which bounds at once the empire and the conti­ be useful in the oriental commerce of a far dis­ nent-California, the youthful queen of the Pa­ tant, if not merely chimerical, future. cific, in her robes qf &eedom, gorgeously inlaid A year ago, California was a mere military with gold-is doubly welcome. dependency of our own, and we were celebrat­ And now I inquire, Why should California be ing with unanimity and enthusiasm, its acquisi­ rejected? All the objections are founded only in tion, with its newly discovered but yet untold the circumstances of her coming, and in the and untouched mineral wealth, as the most aus­ organic law which she presents for our picious of many and unparalleled achievements. confirmation. Today, California is a state, more populous I.-California comes unceremoniously without a prelim­ than the least, and richer than several, of the i111Zry consent of Congress, and therefore by usurpation. greatest of our thirty states. This same Califor­ This allegation, I think, is not quite true-at nia, thus rich and populous, is here asking ad­ least, not quite .true in spirit. California is not mission into the Unioit, and finds us debating here of her own pure volition. We tore Califor­ the dissolution of the Union itself. nia violently &om her place in the confedera­ No wonder if we are perplexed with ever­ tion of the Mexican states, and stipulated by changing embarrassments! no wonder if we are the treaty of Guadalupe Hidalgo, that the terri­ appalled by ever-increasing responsibilities! no tory should be admitted by states into the wonder. if we are bewildered by the ever-aug­ American Union as speedily as possible. menting magnitude and rapidity of national But the letter of the objection still holds-­ vicissitudes! California does come without a preliminary Shall California be received? For myself, consent by Congress to form a constitution. But upon my individual judgment and conscience, I Michigan and other states presented themselves answer, Yes. For myself, as an instructed repre­ in the same unauthorized way, and Congress sentative of one of the states-- of that one even waiMI the irregularity, and sanctioned the usurpa­ of the states which is soonest and longest to be tion. California pleads these precedents. Is not pressed in commercial and political rivalry by the plea sufficient? the new commonwealth-I answer, Yes; let But it has been said by the honorable .senator California come in. Every new state, whether &om South Carolina, [Mr. CALHOUN] 2 that

1 U.S., Congress, Senate, Gmgmsiorutl R«ortl, 31st Cong., 1st sess., • John C. Calhoun (1782-1850) served in the Senate, 1832-1843, Appendix, pp. Z60-69. and 1845-1850 (See Speeches No. 5 and 7).

[ 295] the Ordinance of 1787 secured to Michigan the Secondly. California, if too large, may be divid­ right to become a state, when she should have ' ed with her own consent, which is all the secu­ sixty thousand inhabitants. Owing to some ne­ rity we have for reducing the magnitude and glect, Congress delayed taking the census; and averting the preponderance of Texas. this is said in palliation of the irregularity of Thirdly. The boundaries of California seem Michigan. But California, as has been seen, had not at all unnatural. The territory circumscribed, a treaty, and Congress, instead of giving previ­ is altogether contiguous and compact; and ous consent, and instead of giving her the cus­ Fourthly. The boundaries are convenient. They tomary territorial government, as they did to embrace only inhabited portions of the country, Michigan, failed to do either, and thus practi­ commercially connected with the port of San cally refused both, and so abandoned the new Francisco. No one has pretended to offer community, under most unpropitious circum­ boundaries more in harmony with the physical stances, to anarchy. California then made a outlines of the region concerned, or more con­ constitution for herself, but not unnecessarily venient for civil administration. and presumptuously, as Michigan did. She But, to draw closer to the question, what made a constitution Jor herself, and ·she comes shall be the boundaries of a new state, here under the law, the paramount law of self­ concerns-- preservation. Is/. The state herself, and California, of In that she stands justified. Indeed, California course, is content. is more than justified. She was a colony-a 2d. Adjacent communities. Oregon does not military colony. All colonies, especiallr military complain of encroachment, and there is no colonies, are incongruous with our- political other adjacent community .to complain. system, and they are equally open to corruption Jd. The other states of the Union. The larger and exposed to oppression. They are, therefore, the Pacific states, the smaller will be their rela­ not more unfortunate in their own proper con­ tive power in the Senate. All the states now dition than fruitful of dangers to the parent de­ here, are Atlantic states and inland states, and mocracy. California, then, acted wisely and well surely they may well indulge California in the in establishing self-government. She deserves largest liberty of boundaries. not rebuke, but praise and approbation-nor IV.-No census has been taken in Californit:z, and no does this objection come with a good grace laws prescribing the I{Ualificalions of suffrage and the ap­ from those who offer it. If California were now portionment of represenfaliTJeS in conuenfion, existed before content to receive only a territorial charter, we her conuenlion was held. I answer, California was could not agree to grant it, without an inhibi­ left to act ab initio. She must begin somewhere, tion of slavery, which~ in that case, being a fed­ without a census, and without such laws. The eral act, would render the attitude of California, pilgrim fathers began in the same way on board as a territory, even more offensive to those who the Mayflower; and, since it has been ob)ected now repel her, than she is as a state, with the that some of the electors in California may same inhibition in the constitution of h~ own have been aliens, I add, that all of the pilgrim voluntary choice. fathers were aliens and strangers to the com­ 11.-CaliforniR has assigned hrr own lxtundaries with­ monwealth of Plymouth. out the preoious authority of Congress. But she was Again: the objection may well be waiued, if left to organize herself without any boundaries . the constitution of California is satisfactory­ fixed by previous law or by prescription. She first to herself, secondly to the United States. was obliged; therefore, to assume boundaries, Rrsf. Not a murmur of discontent has fol­ since without boundaries she must have re­ lowed California to this place. mained unorganized. Secondly. As to ourselves, we confine our in­ · m.-CaliforniR is too large. To which I answer: quiries about the constitution of a new state to Rrsl. There is no common standard of states. four things-- California, although greater than many, is less Is/. The lxtundaries assumed; and I have consid­ than one of the states. ered that point in this case already. .

[ 296] 2d. That the domain within the state is se­ adopted a constitution, she shall be admitted cured to us; and it is admitted that this has . into the Union. been properly done. I have now reviewed all the objections raised 3d. That the constitution shall be republican, against the admission of California. It is seen and not aristocratic and monarchical. In this that they have no foundation in the law of case, the only objection is, that the constitution, nature and of nations; nor are they founded in inasmuch as it inhibits slavery, is altogether too the Constitution; for the Constitution prescribes republican. no form or manner of proceeding in the admis­ 4th. That the representation claimed shall sion of new states, but leaves the whole to the be just and equal. No one denies that the discretion of Congress. "Congress may admit population of California is sufficient to new states." The objections are all merely demand two representatives on the federal formal and technical. They rest on precedents basis; and, secondly, a new census is at which have not always, nor even generally, hand, and the error, if there is one, will be been observed. But it is said that we ought now immediately corrected. to establish a safe precedent for the future. V.-California comes ,under executive l:nf/umce­ To this I answer: first, in her coming as a free state; secondly, in !sf. It is too late to seize this occasion for that her coming at all. purpose. The irregularities complained of being First. The charge rests on susp1oon only, is unavoidable, the caution should have been ex­ peremptorily denied, and the denial is not con­ ercised when-first, Texas was annexed; sec­ troverted by proofs. I dismiss it altogether. ondly, when we waged war against Mexico; or, Secondly. It is true, to the extent that 'the presi­ thirdly, when we ratified the treaty of Guada­ dent advised the people of California that, lupe Hidalgo. having been left without any civil government, 2d. We may establish precedents at pleasure. under the military supervision of the execu­ Our successors will exercise their pleasure about tive-without any authority of law whatever­ following them, just as we have done in such their adoption of a constitution, subject to the cases. approval of Congress, would be regarded favor­ 3d. States, nations, and empires, are apt to be ably by the president. Only a year ago, it was peculiarly capricious, not only as to the time, but complained that the exercise of the military even as to the manner, of their being born, and power, to maintain law and order in California, as to their subsequent political changes. They was a fearful innovation; but now the wind has are not accustomed to conform to precedents. changed, and blows even stronger from the op­ California sprang from the head of the nation, posite quarter. not only complete in proportions and full May this Republic never have a president armed, but ripe for affiliation with its members. commit a more serious or more dangerous usur­ pation of power than the act of the present eminent chief magistrate, in endeavoring to "CAIJFORNIA IS AI.lU!ADY A STATE" induce legislative authority to relieve him from the exercise of military power, by establishing I proceed now to state my reasons for the civil institutions, regulated by law, in distant opinion that California OUGIIT TO BE AD­ provinces! Rome would have been standing this MITTED: The population of the United State,s day~ if she had· had such generals and such consists of natives of Caucasian origin, and ex­ tribunes. otics of the ·same derivation. The native mass Thirdly. But the objection, whether true in rapidly assimilates to itself, and absorbs the part, or even in the whole, is immaterial. The exotic, and thus these constitute one homoge­ question is, not what moved California to im­ neous people. The African race, bond and free, press any particular feature on her constitution, and the aborigines, savage and civilized, being nor even what induced her to adopt a constitu­ incapable of such assimilation and absorption, tion at all; but it is whether, since she has remain distinct; and, owing to their. peculiar

[ 2971 condition, they constitute inferior masses, and cannot ultimately be more than two; for the may be regarded as accidental, if not disturbing habit of association is· already formed, as the political forces. The ruling homogeneous family, interests of mutual intercourse are being planted at first on the Atlantic shore, and fol­ formed. It is already ascertained where the lowing an obvious law, is seen continually and centre of political power must rest; it must rest rapidly spreading itself westward, year by year, in the agricultural interests and masses, who subduing the wilderness and the prairie, and will occupy the interior of the continent. These thus extending this great political cominunity, masses, if they cannot all command access to which, as fast as it advances, breaks into dis­ both oceans, will not be obstructed in their ap­ tinct states for municipal purposes only, while proaches to that one which offers the greatest the whole constitutes one entire, contiguous, facilities to their commerce. and compact nation. Shall the American people, then, be divided? Well-established calculations in political Before deciding on this question, let us consider arithmetic enable us to say, that the aggregate our position, our power, and capabilities. population of the nation now is .. 22,000,000 The world contains no seat of empire so magnificent as this, which, while it embraces all That 10 years hence it will be ...... : 30,000,000 the varying climates of the temperate zone, and That 20 years hence it will be 38,000,000 is traversed by wide expanding lakes and long­ That 30 years hence it will be ...... 50,000,000 branching rivers, offers supplies on the Atlantic That 40 years hence it will be ...... 64,000,000 shores to the overcrowded nations of Europe, That 50 years hence it will be ...... 80,000,000 while on the Pacific Coast it intercepts the That 100 years hence, that is, in commerce of the Indies. The nation thus situat­ the year 1950 ...... 200,000,000 ed, and enjoying forest, mineral, and agricultur­ Equal nearly to one-fourth of the present ag­ al resources unequaled, if endowed also with gregate population of the globe,. and double the moral energies adequate to the achievement of population of Europe at the time of the discov­ great enterprises, and favored with a govern­ ery of America. ment adapted to their character and condition, But the advance of population on the Pacific must command the empire of the seas, which will far exceed what has heretofore occurred on alone is real empire. r the Atlantic Coast, while emigration even here We think, that we may claim to have inherit­ is outstripping the calculations on which the ed physical and intellectual vigor, courage, in­ whole estimates are based. There are silver and vention, and enterprise, and the systems of gold in the mountains and ravines of California; education prevailing among us, open to all the the granite of New England and New York is stores of human science and art. barren. ·"' The OJd World and the past were allotted by Allowing due consideration to the increasing Providence to the pupilage of mankind, under density of our population, we are ·safe in as­ the hard discipline of arbitrary power, quelling suming, that long before• this mass shall have the violence of human passions. The New attained the maximum of numbers indicated, World and the future seem to have been ap­ the entire width of our possessions, from the pointed for the maturity of mankind, with the Atlantic to the Pacific Ocean will be covered by development of self-government operating in it, and be brought into social maturity, and obedience to reason and judgment. complete political organization. We have thoroughly tried our novel system The question now arises, shall this one great of democratic federal government, with its people, having a common origin, a common complex, yet harmonious and effective, combi­ language, a common religion, common senti­ nation of distinct local elective agencies, for the ·ments, interests, sympathies, and hopes, remain conduct of domestic affairs, and its common one political state, one nation, one republic, or central elective agencies, for the regulation of shall it be broken· into two <;onflicting and internal interests, and of intercourse with for­ probably hostile nations or republics? There eign nations; and we know, that it~is a system

[ 298] equally cohesive in its parts, and capable of all cannot increase while this question remains desirable expansion; and that it is a system, ~ open. We shall never agree to admit California, moreover, perfectly adapted to secure domestic unless we agree now; nor will California abide tranquility, while it brings into activity all the delay. I ,do not say that she contemplates inde­ elements of national aggrandizement. The At­ pendence; but if she does,not, it is because she lantic states, through their commercial, social, does not anticipate rejection. Do you say that and political affinities and sympathies, are she can have no motive? Consider, then, her at­ steadily renovating the governments and the titude, if rejected. She needs a constitution, a social constitutions of Europe and of Africa; the legislature, and magistrates-she needs titles to Pacific states must necessarily perform the same that golden domain of yours within her bor­ sublime and beneficent functions in Asia. If, ders-good titles, too; and you must give them then, the American people shall remain an un­ on your own terms, or she must take them divided nation, the ripening civilization of the without your leave. She needs a mint, a cus­ West, after a separation growing wider and tomhouse, wharves, hospitals, and institutions wider for four thousand years, will, in its circuit of learning-she needs fortifications, and roads, of the world, meet ~~ain, and mingl~ with the and railroads-she needs the protection of an declining civilization· of the East on our own army and a navy;· either your stars and stripes free soil, and a new and more perfect civiliza­ must wave over her ports and her fleets, or she tion will arise to bless the earth, under the must raise aloft a standard for herself; she sway of our own cherished and beneficent needs, at least, to know whether you are democratic institutions. friends or enemies; and, finally, she needs what We may then reasonably hope for greatness, no American community can live without­ felicity, and renown, excelling any hitherto at­ sovereignty and independence-either a just tained by any nation, if, standing firmly on the and equal share of yours, or sovereignty and in­ continent, we loose not our grasp on the shore dependence of her own. of either ocean. Whether a destiny so magnifi­ Will you say that California could not ag­ cent would be only partially defeated, or grandize herself by separation? Would it, then, whether it· would be altogether lost, by a relax­ be a mean ambition to set up within fifty years, ation of that grasp, surpasses our wisdom to on the Pacific Coast, monuments like those determine; and happily it is not important to be which we think two hundred years have been determined. It is enough if we agree that expec­ well spent in establishing on the Atlantic tations so grand, yet 'so reasonable and so just, Coast? ought not to be in any degree disappointed. Will you say that California has no ability to And now it seems to me, that the perpetual become independent? She has the same moral unity of our empire hangs on the decision of ability for enterprise that inheres in us, and that this day and of this hour. ability implies command of all physical means. California is already a state-a complete and She has advantages of position. She is practical­ fully appointed state. She never again can be ly further removed from us than England. We less than that. She can never again be a prov­ cannot reach her by railroad, nor by unbroken ince or a colony; nor can !!he be made to shrink steam navigation. We can send no armies over and shrivel into the proportions of a federal de.,. the prairie, the mountain, and the desert, nor pendent territory. California, then, henceforth across the remote and narrow Isthmus· wi~ a and forever, must be, what she is now, a state. foreign jurisdiction, nor around the Cape of The question, whether she shall be one of the Storms. You may send a navy there, but she United States of America, has depended on her has only to open her mines, and she can seduce and on us. Her election has ·been made; our your navies, and appropriate your floating bul­ consent alone remains suspended; and that con­ warks to her own defence. Let her only seize sent must be pronounced now or never-1 say your domain within her borders, and your com­ now or never. Nothing prevents it now, but want merce in her ports, and she will have at once of agreement among ourselves. Our harmony revenues and credit adequate to all h~r necessi-

[ 299] ties. Besides, are we so moderate, and has the ed; and they are a usurpation as to future ques­ world become so just, that we have no rivals tions of the province of future legislators. 7 and no enemies to lend their sympathies and Sir, it seems to me as if slavery had laid its aid to compass the dismemberment of our paralyzing hand upon myself, and the blood empire? were coursing less freely than its wont through Try not the temper and fidelity of Califor­ my veins, when I endeavor to suppose that nia-at least not now, not yet. Cherish her and such a compromise has been effected, and my indulge her until you have extended your set­ utterance forever is arrested upon all the great tlements to her borders, and bound her fast by questions, social, moral, and political, arising railroads, and canals, and telegraphs, to your in­ out of a subject so important, and as yet so in­ terests--until her affinities of intercourse are comprehensible. What am I to receive in this established, and her habits of loyalty are compromise? freedom in California. It is well; it fixed-and then she can never be disengaged. is a noble acquisition; it is worth a sacrifice. But California would not go alone. Oregon, so in­ what am I to give as an equivalent? a recogni­ timately allied to her, and as yet so loosely at­ tion of the claim to perpetuate slavery in the tached to us, woul

[ 300] known by its name, and distinguished by its proper should not have voted for her admission character. otherwise. Far, far from us be that false and affected candor that is eternally in treaty with crime-that half virtue, which, like "THE COMPROMISE WOULD BE UNAVAILING" the ambiguous animal that flies about in the twilight of a compromise between day and night, is, to a just man's eye, I remark, in the next place, that consent on l an odious and disgusting thing. There is no middle point, my part would be disingenuous and fraudulent, my Lords, in which the Commons of Great Britain can meet tyranny and oppression. because the compromise would be unavailing. It is now avowed by the honorable senator But sir, if I could overcome my repugnance to from South Carolina [Mr. CALHOUN] that compromises in general, I should object to this nothing will satisfy the slave states but a com­ one, on the ground of the inequality and incongru­ promise that will convince them that they can ity of the interests to be compromised. Why, sir, remain in the Union consistently with their according to the views I have submitted, Cali­ honor and their safety. And what are the con­ fornia ought to come in, and must come in, cessions which will have that effect? Here they whether slavery stands or falls in the District of are, in the words of that senator: Columbia, whether slavery stands or falls in The North must do justice by conceding to the South an New Mexico and Eastern California, and even equal right in the acquired territory, and do her duty by whether slavery stands or falls in the slave causing the stipulation relative to fugitive slaves, to be states. California ought to come in, being a free faithfully fulfilled, cease the agitation of the slave question, state, and, under the circumstances of her con­ and provide for the insertion of a provision in the Constitu­ quest, her compact, her abandonment, her justi­ tion, by an amendment, which will restore to the South in substance, the power she possessed, of protecting he~, fiable and necessary establishment of a consti­ before the equilibrium between the sections was destroyed tution, and the inevitable dismemberment of by the action of this Government. the empire consequent upon her rejection. I should have voted for her admission even if she had come as a slave state. California ought to These terms amount to this: that the free come in, and must come in, at all events. It is, states having already, or although they may then, .an independent-a paramount question. hereafter have, majorities of states, majorities of What, then, are these questions arising out of population, and majorities in both houses of slavery, thus interposed, but collateral ques­ Congress, shall concede to the slave states, tions! They are unn~essary and incongruous, being in a minority in both, the unequal advan­ and therefore false issues, not introduced de­ tage of an equality-that is, that we shall alter signedly, indeed, to defeat that great policy, yet the Constitution so as to convert the govern­ unavoidably tending to 'that end. ment from a national democracy, operating by a Mr. FOOTE. 4 Will the honorable senator constitutional majority of voices, into a federal allow me to ask him, if the Senate is to under­ alliance, in which the minority shall have a veto stand him as saying, that he would. vote for the against the majority. And this is to return to admission of California if she came here seek­ the original Articles of Confederation. J ing admission as a slave state? I will not stop to protest against the injustice Mr. SEWARD. I reply, as I said before, that or the inexpediency of an innovation which, if even if California had come as a slave state-,­ it was practicable, would be so entirely subver­ yet . coming under the extraordinary circum­ sive of the prinCiple of democratic institutions. stances I have described, and in view of the It is enough to say, that it is totally impractica­ consequences ·. of a dismemberment of the ble. The free states, northern and western, ac­ empire, consequent upon her rejection-! quiesced in the long and nearly unbroken should have voted for her admission even ascendency of the slave states under the though she had come as a slave statei but I Constitution, because the result happened under the Constitution. But they have honor and interests to preservei and there is nothi,ng • Henry S. Foote of Mississippi (1804-1880) served in the Senate, 1847-1852. in the nature of mankind, or in the character of

[ 301] that people, to induce an expectation that they, Canada, and in Liberia, are the best guarantees loyal as they are, are insensible to the duty of South Carolina has for the perpetuity of defending them. But the scheme would still be slavery. impracticable, even if this difficulty were over­ Nor would success attend any of the details of the com­ come. What is proposed is a political equilibrium. promise. And, first, I advert to the proposed al­ Every political equilibrium requires a physical teration of the law concerning fugitives from equilibrium to rest upon, and is valueless with­ service or labor. I shall speak on this, as on all out it. To constitute a physical equilibrium be­ subjects, with due respect, but yet frankly and tween the slave states, and the free states, re­ without reservation. The Constitution contains quires first an equality of territory, or some only a compact, which rests for its execution on near approximation; and this is already lost. But the states. Not content with this, the slave it requires much more than this; it requires an states induced legislation by Congress; and the equality or a proximate equality, in the number Supreme Court of the United States have virtu­ of slaves and freemen. And this must be ally decided that the whole subject is within perpetual. the province of Congress, and exclusive of state But the census ot 1840 gives a slave basis of authority-nay, they have decided that slaves only 2,500,000, and a free basis of 14,500,000; are to be regarded not merely as persons to be and the population on the slave basis increases claimed, but as property and chattels, to be in the ratio of 25 percent for ten years, while seized without any legal authority or claim that on the free basis advances at the rate of 38 whatever. The compact is thus subverted by the percent. The accelerating movement of the free procurement of the slave states. With what population, now complained of, will occupy the reason, then, can they expect the states, ez new territories with pioneers; and every day in­ gratia, to reassume the obligations from which creases the difficulty of forcing or insinuating they caused those states to be discharged? I say, slavery into regions which freemen have preoc­ then, to the slave states, you are entitled to no cupied. And if this were possible, the African more stringent laws; and that such laws would slave trade is prohibited, and the domestic in­ be useless. The cause of the inefficiency of the crease is not sufficient to supply the new slave present statute, is not at all the leniency of its states, which are expected to maintain the equi­ provisions. It is a law that deprives the alleged librium. The theory of a new political equilibri­ refugee from a legal obligation not assumed by um claims that it c;mce existed, and has been him, but imposed upon him by laws enacted lost. When lost, and how? It began to be lost in before he was born, of the writ of habeas 1787, when .preliminary arrangements were corpus, and of any certain judicial process of made to admit five new free states in the examination of the claim set up by his pursuer, Northwest Territory, two years befo.re the Con­ and finally degrades him into a chattel which stitution was finally adopted-that is, it began may be seized and carried away peaceably to be lost two years before it began to exist! wherever found, even although exercising the Sir, the equilibrium, if restored, would be lost rights· and responsibilities of a free citizen of again, and lost more rapidly than it was before. the commonwealth in which he resides, and of The progress of the free population is to be ac­ the United States-a law which denies to the celerated by increased emigration, from Europe citizen all the safeguards of personal liberty, to and Asia, while that of the slaves is to be render less frequent the escape of the bondman. checked and· retarded by inevitable partial And since complaints are so freely made against emancipation. "Nothing (says Montesquieu) re­ the one side, I shall not hesitate to declare that duces a man so low as always to see freemen, there have been even greater faults on the other and yet not be free. Persons in that condition side. Relying on the perversion of the Constitu­ are natural enemies of the state, and their num­ tion, which makes slaves mere chattels, the bers would be dangerous if increased too high." slave states have applied to them the principles Sir, the fugitive slave colonies and the emanci­ of the criminal law, and have held that he who pated slave colonies in the free states, in aided the escape of his fellow-man .from bond-

[ 302] age, was guilty of a larceny in stealing him. I any person who shall oppose the master in the execution of speak of what I know. Two instances came~ this right, shall be deemed guilty of violating this treaty, within my own knowledge, in which governors and be punished accordingly. of slave states, under the provision of the Con­ stitution relating to fugitives from justice, de­ This was in the year of Grace, 902, in the manded from the governor of a free state- the period called the "Dark Ages," and the con­ surrender of persons as thieves whose alleged tracting powers were despotisms. And here is offences consisted in constructive larceny of the the other: rags that covered the persons of female slaves, No person held to service or labor in one State, under the whose attempt at escape they had permitted or laws thereof, escaping into another, shall, in consequence of assisted. any law or regulation therein, be discharged from such service or labor, but shall be delivered up, on claim of the party to whom such service or labor is due. "THE LAW FOR THE RECAP'l1JRE OF FUGITIVEs" We deem the principle of the law for there­ This is from the Constitution of the United capture of fugitives, therefore unjust,. unconsti­ States in 1787, and the parties were the republi­ tutional, and immoral; and thus, while patrio­ can states of this Union. The law of nations tism withholds its approbation, the consciences disavows such compacts; the law of nature, of our people condemn it. written on the hearts and consciences of free­ You will say that these convictions of ours men, repudiates them. Armed power could not are disloyal. Grant it for the sake of argument. enforce them, be(:ause there is no public con­ They are, nevertheless, honest; and ·the law is science to sustain them. I know that there are to be executed among us, not among you; not laws of various sorts which ·regulate the con­ by us, but by the federal authority. Has any duct of men. There are constitutions and stat­ government ever · succeeded in changing the utes, codes mercantile and codes civil; but when moral convictions of its subjects by force? But we are legislating for states, especially when we these convictions imply no disloyalty. We rev­ are founding states, all these laws must be erence the· Constitution, although we perceive brought to the standard of the laws of God, and this defect, just as we acknowledge the splen­ must be tried by that standard, and must stand dor and the power of the sun, although its· sur­ or fall by it. This principle was happily ex­ face is tarnished with here and there an opaque plained by one of the most distinguished politi­ spot. · cal philosophers of England, in these emphatic Your Constitution and laws conyert hospital­ words: ity to the refugee, from the most degrading op­ There is but one law for all-namely, that law which pression on earth, into a crime, but all mankind governs all law-the law of our Creator-the law of hu­ except you esteem that hospitality a virtue. The manity, justice, equity-the law of nature and of nations. right Qf extradition of a fugitive from justice, is So far as any laws fortify this primeval law, and give it. not admitted by the law of nature and of na­ more precision, more energy, more effect, by their declara­ tions, such laws enter into the sanctuary and participate in tions, but rests in voluntary compacts. I know the sacredness of its character; but the man who quotes as of only two compacts found in diplomatic his­ precedents the abuses of tyrants arid robbers, pollutes the tory that admitted EXTRADffiON OF very fountains of justice, destroys the foundations of all SLAVES. Here is one of them. It is found in a law, and therefore removes the only safeguard against .;vil treaty of peace made between Alexander Com­ ~en, whether governors or governed-the guard which pre­ vents goveinor5 from becoming tyrants, and the governed nenus and Leontine, Greek emperors, at Con­ from becoming rebels. stantinople, and Oleg, King of Russia, in the year 902, and is in these words; There was deep philosophy in the confession ·If a Russian slave take flight, or even if he is carried away by any one under pretence of having been bought, his of an eminent English judge. When he had con­ master shall have the right and power to pursue him, and demned a young woman to death, under. the hunt for and capture him wherever he shall be found; and late sanguinary code of his country, fqr her first

[ 303] petty theft, she fell down dead at his feet: "I tion of slavery in this District. Sir, I shall vote seem to myself (said he) to have been pro-· for that measure, and am willing to appropriate nouncing sentence, not against the prisoner, but any means necessary to carry it into execution; against the law itself." and, if I shall be asked, what I did to embellish To conclude on this point. We are not slave­ the capital of my country, I will point to her holders. We cannot, in our judgment, be either freedmen, and say, these are the monuments of true Christians or real freemen, if we impose on my munificence! another a chain that we defy all human power If I was willing to advance a cause, that I to fasten on ourselves. You believe and think deem sacred, by disingenuous means, I would otherwise, and doubtless with equal sincerity. advise you to adopt those means of compromise We judge you not, and He alone who ordained which I have thus examined. The echo is not the conscience of man and its laws of action,. quicker in its response than would be that loud can judge us. Do we, then, in this conflict, and universal cry of repeal, that would not die demand of you an unreasonable thing in asking away until the habeas corpus was secured to that, since you will have property that can and the alleged fugitive from bondage, and the will exercise human,.powers to effect its escape, symmetry of the free institutions of the capital you shall be your own police, and in acting was perfected. among us as such, you shall conform to princi­ I apply the same observations to the proposi­ ples indispensable to the security of admitted tion for a waiver of the proviso of freedom in rights of freemen? If you will have this law ex­ territorial charters. Thus far you have oruy ecuted, you must alleviate, not increase, its direct popular action in favor of that ordinance, rigors. and there seems even to be a partial disposition to await the action of the people of the new

11 territories, as we have compulsorily waited for A BW. OF PEACE FOR SLAVJIRY IN THE DisTRICT OF it in California; but I must tell you, neverthe­ CoLUMBIA" less, in candor and in plainness, that the spirit Another feature in most of these plans of of the people of the free states is set upon a compromise is a bill of peace for slavery in the . spring that rises with the pressure put upon it. District of Columbia; and this bill of peace we That spring, if pressed too hard, will give a cannot grant. We of the free states are, equally recoil that will not leave here one servant who with you of the slave states, responsible for the knew his master's will, and did it not. existence of slavery" in this District-the field You will say that this implies violence. Not exclusively of our common legislation. I regret at all-it implies only peaceful, lawful, consti­ that, as yet, I see little reason to hope that a tutional, customary action. I cannot too. strongly majority in favor of emancipation exists here. express my surprise that those who insist that The legislature of New York, from whom, with the people of the slave states cannot be held great deference, I dissent, seems willing to back from remedies outside of the Constitution, accept now the extinction of the slave trade, should so far misunderstand us of the free and waive emancipation; but we shall assume states, as to suppose we would not exercise our the whole responsibility if we stipulate not to constitutional rights to sustain the policy which exercise the power hereafter, when a majority we deem just and beneficent. shall be obtained. Nor will the plea with which you would furnish us, be of any avail. If I THE TBXAS-Nsw Mloo:co BOUNDARY could understand so mysterious a paradox I come now to notice the suggested compromise myself, I never should be able to explain to the of the boundary between Texas and New Merica. This is apprehension of the people whom I represent, a judicial question in its nature, or, at least a how it was that an absolute and express power question of legal right and title. If it is to be to legislate in all cases over the District of Co­ compromised at all, it is due to the two parties, lumbia was embarrassed and defeated by an and to national dignity, as well as to justice, implied condition not to legislate for the aboli- that it be kept separate from compromises pro-

[ 3041 ceeding on the ground of expediency, and be mission of any new states to be formed within settled by itself alone. Texas. I take this occasion to say, that while I do not Mr. FOOTE. Did~not I hear the senator ob­ intend to discuss the questions alluded to in serve, that he would admit California, whether this connection, by the honorable and distin­ slavery was, or was not, precluded from these guished senator from Massachusetts, I am not territories? able to agree with him in regard to the alleged Mr. SEWARD. I said I would have voted for obligation of Congress to admit four new slave the admission of California, even as a slave states, to be formed in the state of Texas. There state, under the extraordinary circumstances are several questions arising out of that subject, which I have before distinctly described. I say upon which I am not prepared to decide now, that now; but I say also, that before I would and which I desire to reserve for future consid­ agree to admit any more states from Texas, the eration. One of these is, whether the article of circumstances which render such an act neces­ annexation does really deprive Congress of the sary must be shown, and must be such as to right to exercise its choice in regard to the sub­ determine my obligation to do so; and that is division of Texas int~ four additional. states. It precisely what I insist cannot be settled now. It seems to me by no means so plain a question as must be left for those to whom the responsibil­ the senator from Massachusetts assumed, and ity will belong. that it must be left to remain an open question, Mr. President, I understand-and I am happy as it is a great question, whether Congress is in understanding-that I agree with the honor­ not a party whose future consent is necessary able senator from. Massachusetts, that there is to the formation of new states out of Texas. no obligation upon Congress to admit four new Mr. WEBSTER. 5 Supposing Congress to have slave states out of Texas, but that Congress has the authority to fix the number, and time of reserved her right to say whether those states election, and apportionment of representatives, shall be formed and admitted or not. I shall rely etc., the question is, whether, if new states are on that reservation; I shall vote to admit no formed out of Texas, to come into this Union, more slave states, unless under circumstances there is not a solemn pledge, by law, that they absolutely compulsory. have a right to come in as slave states? Mr. WEBSTER. What I said was, that if the Mr. SEWARD. When the states are once states hereafter to be made out of Texas choose formed, they have the right to come in as free to come in as slave states, they have a right so or slave states, according to their own choice; to do. but what I insist is, that they cannot be formed Mr. SEWARD. My position is, that they have at all without the consent of Congress, to be not a right to come in at all, if Congress rejects hereafter given, which consent Congress is not their institu,tion5. The subdivision of Texas is a obliged to give. But I pass that question for the matter optional with both parties, Texas and present, and proceed to say, that I am not pre­ the United States. pared to admit that the article of the annex­ Mr. WEBSTER. Does the honorable senator ation of Texas, is itself constitutional. I find no mean to say that Congress can hereafter decide authority in the Constitution of the United whether they shall be slave or free states? States for the annexation of foreign countries Mr. SEWARD. I mean to say that Congress by a resolution of Congress, and no power ade­ can hereafter decide whether any states, sla-ve quate to that purpose, but the treatymaking or free, can be framed out of Texas. If they power of the· president and the Senate. Enter­ should never be framed out of Texas, they taining this view, I must insist that the consti­ never could be admitted. tutionality of the annexation of Texas herself, shall be cleared up before I can agree to the ad- "THE CoNSTIT0110N DOES NOT Rl!COGNIZI! PROPIII!.TY IN MAN'' Another objection arises out of the principle on which • Daniel Webster (See Speeches No. 2., 4, and 12.). the demand for compromise rests. That p~ciple as-

[ 3051 sumes a classification of the states as northern the same premises, to wit: that all men are and southern states, as it is expressed by the equal by the law of nature and of nations, the honorable senator from South Carolina [Mr. right of property in slaves falls to the ground; CALHOUN], but into slave states and free for one who is equal to the other, cannot be the states, as more directly expressed by the honor­ owner or property of, that other. But you able senator from Georgia [Mr. BERRIEN].& answer that the Constitution recognizes proper­ The argument is, that the states are severally ty in slaves. It would be sufficient, then, to equal, and that these two classe.s were equal at reply, that this constitutional recognition must the first, and that the Constitution was founded be void, because it is repugnant to the law of on that equilibrium; that the states being equal, nature and of nations. But I deny that the Con­ and the classes of the states being equal in stitution recognizes property in man. I submit, rights, they are to be regarded as constituting on the other hand, most respectfully, that the an association, in which each state, and each of Constitution not merely does not affirm that these classes of states, respectively, contribute principle, but, on the contrary, altogether ex­ in due proportions-that the new territories are cludes it. a common acquisition,.. and the people of these The Constitution does not expressly affirm several states and · classes of states, have an anything on the subject; all that it contains is equal right to participate in them respectively­ two incidental allusions to slaves. These are­ that the right of the people of the slave states first, in the provision establishing a ratio of to emigrate to the territories with their slaves, representation and taxation; and secondly, in as property, is necessary to afford such a par­ the provision relating to fugitives from labor. In ticipation on their part, inasmuch as the people both cases the. Constitution designedly men­ of the free states emigrate into the same territo­ tions slaves, not as slaves, much less as chattels, ries with their property. And the argument de­ but as persons. That this recognition of them as duces from this right the principle, that if Con­ persons was designed, is historically known, gress exclude slavery from any part of this new and I think was never denied. I give only two domain, it would be only just to set off a por­ of the manifold proofs. First, John Jay, 8 in The tion of the domain-some say south of 36• 30', Federalist, says: others south of 30~-which should be regarded Let the case of the slaves be considered, as it is in truth, a at least as free to slavery, and to be organized peculiar one. Let the compromising expedient of the Consti­ into slave states. tution be mutually adopted, whlch regards them as inlulb­ Argument, ingenious and subtle-declama­ illlnls, but as debased below the equal level of free inhab­ itants, which regards the slave as divested of two-fifths of tion, earnest and bold, and p~suasion gentle the man. and winning as the voice of the turtledove when it is heard in the land-all alike and all Yes, sir, of two-fifths, but of only two­ together, have failed to convince me . of the fifths-leaving still three-fifths-leaving the soundness of this principle of the compromise, slave still an inhabitant, a person, a living, or of any one of the propositions on which it is breathing, moving, reasoning, immortal man. attempted to be established. The other proof is from the debates in the How is the original equality of the states convention. It is brief, and I think instructive: proved? It rests on a syllogism of Vattel,T as August 28, 1787.-Mr. BUTI.ER and Mr. PINCKNEY follows: All men are equal by the law of ~ature moved to require fugitive slaves and servants to be deliv­ and of nations. But states are Qnly lawful ag­ ered up lU

• John M. Berrien (1781-1856) served in the Senate, 18Z5-1829 and 1841-1852. 8 John Jay (1745--1829) was one of the three authors of T1u 1 Emmerich von Vattel (1714-1767) was a Swiss jurist. Ftimllisf.

[ 306] Mr. BUTLER withdrew his proposition, in order that as maintained by others, seems to me purely some particular provision might be made, apart from this ~· imaginary, and of course the supposed equilib­ article. rium of those classes a mere conceit. This must August 29.-Mr. BUTLER moved to insert after article be so, because, when the Constitution was xv: "H any person bound to service or labor in any of the United States shall escape into another State, he or she shall adopted, twelve of the .thirteen states were not be discharged from such service or labor in consequence slave states, and so there was no equilibrium. of any regulation subsisting in the State to which they And so as to the classification of states as escape, but shall be delivered up to the person justly claim­ northern states and southern states. It is the ing their service or labor." maintenance of slavery by law in a state, not After the engrossment, September 15, page 550, article iv, section 2, the 3d paragraph, the term "legally" was struck parallels of latitude, that makes it a southern out, and the words "'under the laws thereof" inserted after state; and the absence of this, that makes it a the word "State," in compliance with the wishes of some northern state. And so all the states, save one, who thought the term '1egal" equivocal, and favoring the were southern states, and there was no equilib­ idea that slavery was legal in a mort~/ uino.-Milliison Debates, rium. But the Constitution was made, not only pp. 487, 492. for southern and northern states, but for states neither northern nor southern-the western I deem it establishe

[ 307] then extended to the Mississippi, and was even quired by the valor and with the wealth of the claimed to extend to the Pacific Ocean. Con­ whole nation; but we hold, nevertheless, no ar­ gress accepted it, and unanimously devoted the bitrary power over it. We hold no arbitrary au­ domain to freedom, in the language from which thority over anything, whether acquired lawful­ the ordinance, now so severely condemned, was ly or seized by usurpation. The Constitution borrowed. Five states have already been orga­ regulates our stewardship; the Constitution de­ nized on this domain, from all of which, in pur­ votes the domain to union, to justice, to de­ suance of that ordinance, slavery is excluded. fence, to welfare, and to liberty. How did it happen that this theory of the equality of states, of the classification of states, of the equilibrium of states, of the title of the IIA IDGHBR LAW" states to common enjoyment of the domain, or l But there is a higher law than the Constitu­ to an equitable and just partition between tion, which regulates our authority over the them, was never promulgated, nor even domain, and devotes it to the same noble pur­ dreamed of by the slave states, when they poses. The territory is a part-no inconsiderable unanimously consented to that ordinance? part-of the common heritage of mankind, \'> There is another aspect of the principle of bestowed upon them by the Creator of the compromise which deserves consideration. It as­ universe. We are his stewards, and must so sumes that slavery, if not the only institution in discharge our trust as to secure in the highest a slave state, is at least a ruling institution, and attainable degree, their happiness. How mo­ that this characteristic is recognized by the mentous that trust is, we may learn from the Constitution. But sltzvery is only one of many in­ instructions of the founder of modem stitutions there-freedom is equally an institu­ philosophy. tion there. Slavery is only a temporary, acciden­ tal, partial, and ,incongruous one; freedom, on the contrary, is a perpetual, organic,. universal No man (says Bacon) can by care-taking, as the Scripture one, in harmony with the Constitution of the saith, add a cubit to his stature in this little model of a man's body; but, in the great frame of kingdoms and com­ United States. The slaveholder himself stands monwealths, it is in the power of princes or estates to add under the protection of the latter, in common amplitude and greatness to their kingdoms; for by introduc­ with all the free citizens of the state. But it is, ing such ordinances, constitutions, and customs as are wise, moreover, an indispensable institution. You they may sow greatness to their posterity and successors. may separate slavecy from South Carolina, and But the things are commonly not observed, but left to take their chance. the state will still remain; but if you subvert freedom there, the state will cease to exist. But the principle of this compromise gives complete This is a state, and we are deliberating for it, ascendency in the slave states, and in the Con­ just as our fathers deliberated in establishing stitution of the United States, to the subordi­ the institutions we enjoy. Whatever superiority nate, accidental, and in

[ 308] And now the simple, bold, and even awful The population of Russia, in question which presents itself to us, is this: - Europe, in 1844, was ...... 54,251,000 Shall we, who are founding institutions, social Of these were serfs ...... 53,500,000 and political, for countless millions-shall we, who know by experience the wise and the just, The residue nobles, clergy, and and are free to choose them, and to reject the merchants, etc ...... 751,000 erroneous and unjust-shall we establish The imperial government abandons the con­ human bondage, or permit it, by our sufferance, trol over the fifty-three and a half millions to to be established? Sir, our forefathers would their owners, and these owners, included in the not have hesitated an hour. They found slavery 751,000, are thus a privileged class, or aristocra­ existing .here, and they left it only because they cy. If ever the government interferes at all with could not remove it. There is not only no free the serfs, who are the only laboring population, state which would now establish it, but there is it is by edicts designed to abridge their oppor­ no slave state, which, if it had had the free al­ tunities of education, and thus continue their ternative as we now have, would have founded debasement. What was the origin of this slavery. Indeed, our ~volutionary predecessors system? Conquest, in which the captivity of the had precisely the same question before them in conquered was made perpetual and hereditary. establishing an organic law, under which the This, it seems to me, is identical with American states of Ohio, Michigan, Illinois, Wisconsin, slavery, only at one and the same time exagger­ and Iowa 9 have since come into the Union; and ated by the greater disproportion between the they solemnly repudiated and excluded slavery privileged classes and the slaves in their respec­ &om those states forever. I confess, that the tive numbers, and yet relieved of the unhap­ most alarming evidence of our degeneracy, piest feature of American slavery-the distinc­ which has yet been given, is found in the fact tion of castes. What but this renders Russia at that we even debate such a question. once the most arbitrary despotism, and the Sir, there is no Christian nation, thus·&ee to most barbarous state, in Europe? And what is choose as we are, which would establish slav­ its effect but industry, comparatively profitless, ery. I speak on due consideration, because Brit­ and sedition, not occasional and partial, but ainJ France, and Mexico, have abolished slavery, chronic and pervading the empire? I speak of and all other European states are preparing to slavery, not in the language of fancy, but in the abolish it as speedily as they can. We cannot language of philosophy. Montesquieu remarked, establish slavery, because there are certain ele­ upon the proposition to introduce slavery into ments of the security, welfare, and. greatness of France, that the demand for slavery was the nations, which we all admit, or ought to admit, demand of luxury and corrupt;!on, and not the and recognize as essential; and these are the· se­ demand of patriotism. Of all slavery, African curity of natural rights, the diffusion of knowl­ slavery is the worst, for it combines practically edge, and the freedom of industry. Slavery is the features of what is distinguished as real incompatible with all of these, and just in pro­ slavery or serfdom, with the personal slavery portion to the extent that it prevails and con­ known in the oriental world. Its domestic fea­ trols in any republican state, just to that extent tures lead to vice, while its political features it subverts the principle of democracy, and con­ render it injurious and dangerous to the state. verts the state into an aristocracy or a despo­ I cannot stop to debate long with those who tism. I will not 'offend sensibilities by drawing maintain that slavery is itself practically eco­ my proofs &om the slave states existing among nomical and humane. I might be content with ourselves, but I will draw them &om the great­ saying that there are some axioms in political est of the European slave states. science that a statesman or a founder of states may adopt, especially in the Congress of the United States, and that among those axioms are • An 1887 edition of the speech adds Indiana and leaves out Iowa from this list of states. (George E. Baker, ed., The Worb of WilliJJm H. these: that all men are created equal, and have SnDtrrJ, vol. 1 (Boston, 1887), p. 75.) inalienable rights of life, liberty, and the choice

[ 309] of pursuits of happiness; that knowledge pro­ condition. The organization of a territory is an­ motes virtue, and righteousness exalteth a - cillary or preliminary; it is the inchoate, the ini­ nation; that freedom is preferable to slavery; tiatiue act of admission, and is performed under and that democratic governments, where they the clause granting the powers necessary to can be maintained by acquiescence, without execute the express powets of the Constitution. force, are preferable to institutions exercising This power comes from the treatymaking arbitrary and irresponsible power. power also, and I think it well traced to the It remains only to remark that our own expe­ power to make needful rules and regulations rience has proved the dangerous influence and concerning the public domain. But this question tendency of slavery. All our apprehensions of is not a material one now; the power is here to dangers, present and future, begin and end with be exercised. The question now is, how is it to slavery. If slavery, limited as it yet is, now be exercised? not whether we shall exercise it at threatens to subvert the Constitution, how can all, however derived. And the right to regulate we, as wise, and prudent statesmen, enlarge its property, to administer justice in regard to prop­ boundaries and increase its influence, and thus erty, is assumed in every territorial charter. If we increase already imptnding dangers? ·Whether, have the power to legislate concerning property, then, I regard merely the welfare of the future we have the power to ·legislate concerning per­ inhabitants of the new territories, or the securi­ sonal rights. Freedom is a perstmal right and ty and welfare of the whole people of the Congress, being the supreme legislature, has the United States, or the welfare of the whole same right in regard to property and personal family of mankind, I cannot consent to intro­ rights in territories that the states would have, duce slavery into any part of this· continent if organized. which is now exempt from what seems to me The next of this class of arguments is, that so great an evil. These are my reasons for de­ the inhibition of slavery in the new territories, clining to compromise the question relating to is unnecessary; and when I come to this question, slavery as a condition of the admission of I encounter the loss of many who lead in favor California. of admitting California. I had hoped, some time ago, that upon the vastly important question of inhibiting slavery in the new territories, we SLAVERY IN TilE TER1UTORIES should have had the aid especially of the dis­ In acting upon an occasi9n so graue as this, a respectful tinguished senator from Missouri [Mr. consideration is due to the arguments, founded tm extrane­ BENTON] and ~hen he announced his opposi­ ous consitkrations, of senators who commmd a course dif­ tion to that measure, I was induced to fermt from that which I haue preferred. The first of exclaim- these arguments is, that Congress has no power to legislate on the subject of slavery within the Cur in theatrum, Cato severe, venisti! territories. An ideo, tantum, veneras ut exires? Sir, Congress may admit new states; and since Congress may admit, it follows that Congress But, sir, I have no right to complain. The sen­ may reject new states. The discretion of Congress ator is crowning a life of eminent public service in admitting is absolute, except that, when ad,.. by a heroic and magnanimous act in bringing mitted, the state must be a republican state, and California into the Union. Grateful to him fdr must be a STATE-that is, it shall have the this, I leave it to himself to determine how far constitutional" form and powers of a state. But considerations of human freedom shall govern the greater includes the less, and therefore Con­ the course which he thinks prope!" to pursue. gress may impose conditions of admission riot in­ The argument is, that the prooiso is unnecessary. I consistent with those fundamental powers and answer, then there can be no error in insisting forms. Boundaries are such. The reservation of upon it. But why is it unnecessary? It is said­ the public domain is such. The right to divide is first, by reason of climate. I answer, if this be so, such. The ordinance excluding slavery is such a why do not the representatives of the slave

[.310] states concede the proviso? They deny that the God. The Constitution of the United States and climate prevents the introduction of slavery. - the constitutions of all the states, are full of Then I will leave nothing to a contingency. But such reenactments. Wherever I find a law of in truth I think the weight of argument is God or a law of nature disregarded, or in against the proposition. Is there any climate danger of being disregarded, there I shall vote where slavery has not existed? It has prevailed to reaffirm it, with all the sanction of the civil all over Europe, from sunny Italy to bleak Eng­ authority. But I find no authority for the posi­ land, and is existing now-stronger than in any tion, that climate prevents slavery anywhere. It other Iand-in icebound Russia. But it will be is the indolence of mankind, in any climate, replied, that this is not African slavery; I rejoin, and not the natural necessity, that introduces that only makes the case the stronger. If this slavery in any climate. vigorous Saxon race of ours was reduced to I shall dwell only very briefly on the argu­ slavery, while it retained the courage of semi­ ment derived from the Mexican laws. The barbarism in its own high northern latitude, proposition, that those laws must remain in what security does climate afford against the force until altered by laws of our own, is satis­ transplantation of the JllOre gentle, more docile, factory; and so is the proposition, that those and already enslaved · and debased African, to Mexican laws abolished and continue to pro­ the genial climate of New Mexico and Eastern hibit slavery. And still, I deem an enactment by California? ourselves wise and even necessary. Both of the Sir, there is no climate uncongenial to slav­ propositions I have stated are denied with just ery. It is true, it is less productive than free as much confidence by southern statesmen and labor in many northern countries; but so it is jurists as they are affirmed by those of the free less productive than free white labor in even sfates. The population of the new territories is tropical climates. Labor is in quick demand in rapidly becoming an American one, to whom all new countries. Slave labor is cheaper than the Mexican code will seem a foreign one, enti­ free labor, and it would go first into new re­ tled to little deference or obedience. gions; and wherever it goes, it brings labor into Slavery has never obtained anywhere by ex­ dishonor, and therefore free white labor avoids press legislative authority, but always by tram­ competition with it. Sir, I might rely on climate pling down laws higher than any mere munici­ if I had not been born in a land where slavery pal laws--the laws of nature and of nations. existed-and this land was all of it north of the There can be no oppression in superadding the fortieth parallel of latitude-and if I did not sanction of Congress to the authority which is know the struggle it has cost, and which is yet . so weak and so vehemently questioned. And going on, to get complete relief from the insti­ there is some possibility, if not a probability, tution and its baleful consequences. I desire to that the institution may obtain a foothold sur­ propound this question to those who are ·now reptitiously, if it should not be absolutely for­ in favor of dispensing with the Wilmot Proviso, bidden by our own authority. Was the Ordinance of 17'87• necessary or not? What is insisted upon, therefore, is not a Necessary, we all agree. It has received too mere abstraction or a mere sentiment, as is con­ many elaborate eulogiums to be now decried as tended by those who waive the proviso. And an idle and superfluous thing. And yet that or­ what is conclusive on the subject is, that it is dinance extended the inhibition of slavery from cpnceded on all hands, that the effect of insist;­ the ·37th to the 40th parallel of north latitude; ing on it prevents the intrusion of slavery into and now we are told that the inhibition named the region to which it is proposed to apply it. is unnecessary anywhere north of the 36"30'! It is insisted that the diffusion of slavery will We are told that we may rely upon the laws of not increase its evils. The argument seems to God, which prohibit slave labor north of that me merely specious, and quite unsound. I desire line, and that it is absurd to reenact the laws of to propose one or two questions in reply to it. God. Sir, there is no human enactm.~nt which is Is slavery stronger or weaker in these United just, that is not a reenactment of the law of States, from its diffusion into Missouri? Is slav-

[ 311] l 1 ery weaker or stronger in these United States, Sir, in my humble judgment, it is not the J from the exclusion of it from the Northwest­ fierce conflict of parties that we are seeing and Territory? The answers to these questions will hearing; but on the contrary, it is the agony of settle the whole controversy. distracted parties-a convulsion resulting from the too narrow foundations of both and of all parties-foundations laid in compromises of Is COMPROMISE NBBDBD TO SAVB THE UNION? natural justice and of human liberty. A ques­ And this brings me to the great and all­ tion-a moral question, transcending the too absorbing argument, that the Union is in danger narrow creeds of parties-has arisen; the public of being dissolved, and that it can only be · conscience expands with it, and the green saved by compromise. I do not know what I withes of party associations give way, and would not do to save the Union; and therefore I break, and fall off from it. No, sir; it is not the· shall bestow upon this subject a very deliberate state that is dying of the fever of party spirit. It consideration. is merely a paralysis of parties-premonitory, I do not overlook the fact, that the entire del­ however, of their restoration, with new ele­ egation from the sl.ftve states, although they ments of health and vigor, to be imbibed from differ in regard to the details of compromise that spirit of the age which is so justly called proposed, and perhaps in regard to the exact progress. circumstances of the crisis, seem to concur in Nor is the evil that of unlicensed, irregular, j this momentous warning; nor do I doubt at all and turbulent faction. We are told that twenty the patriotic devotion to the Union which is ex­ legislatures are in. session, burning like furnaces, pressed by those from whom this warning pro­ heating and inflaming the popular passions; but ceeds. And yet, sir, although such warnings these twenty legislatures are constitutional fur­ have been uttered with impassioned solemnity naces; they are performing their customary in my hearing, every day for near three months, functions, imparting healthful heat and vitality my confidence in the Union remains unshaken. while within their constitutional jurisdiction. If I think they are to be received with no incon­ they rage beyond its limits, the popular pas­ siderable ·distrust, because they are uttered sions of this country are not at all, I think, in under the influence of a controlling interest to danger of being inflamed to excess. No, sir; let be secured-a paramount object to be· gained; none of these fires be extinguished-forever let and that is, an equilibrium of power in the Re­ them bum and blaze. They are neither ominous public. I think they" are to be received with meteors, nor baleful comets, but planets; and even more distrust, because, with .the most pro­ bright and intense as their heat may be, it is found respect, they are uttered under an obvi­ their native temperature, and they must still ously high excitement. Nor is that excitement obey the law which, by attraction toward this an unnatural one. It is a law of our nature that solar centre, holds them in their spheres. the passions disturb the reason and judgment, just in proportion to the importance of the oc­ casion, and the consequent necessity for calm­ '1 SBB NOTHING OF THAT CONFIJcr" ness and candor. I think they are to be distrust­ I see nothing of that conflict between the ed, because there is a diversity of opinion in southern and northern states, or between their regard to the nature and operation of this ex­ representative bodies, which seems to be on,all citement. The "senators from some states say sides of. me assumed. Not a word of menace, that it has ,brought all parties in their own not a word of anger, not an intemperate word, region into unanimity. The honorable senator has been uttered in the northern legislatures. from Kentucky [Mr. CLAY] says, that the They firmly, but calmly, assert their convic­ danger lies in the violence of party spirit, and tions; but at the same time they assert their un-' refers us for proof to the difficulties which at­ qualified consent to submit to the common ar­ tended the organization of the House of Repre­ biter, and for weal or woe, abide the fortunes sentatives. of the Union.

[ 3121 What if there be less of moderation in the will be, while they have any to lose. At first, legislatures of the South? It only indicates on - twelve of the thirteen states were slave states; which side the balance is inclining, and that the now only fifteen out of the thirty are slave decision of the momentous question is near at states. Moreover, the change is constitutionally hand. I agree with those who say that there can made, and the government ,was constructed so be no peaceful dissolution-no dissolution of as to permit changes of the balance of power, in the Union by the secession of states; but that obedience to changes of the forces of the body disunion--dissolution-happen when it may, politic. Danton used to say, "It's all well while will, and must be revolution. I discover no the people cry Danton and Robespierre; but omens of revolution-the predictions of the po- ' woe for me if ever the people learn to say litical astrologers do not agree as to the time or Robespierre and Danton!" That is all of it, sir. manner in which it is to occur. According to the The people have been accustomed to say, the authority of the honorable and distinguished South and the North; they are only beginning senator from Alabama [Mr. CLEMENS],10 the now to say, the North and the South. event has already happenea;~ and the Uliiori ts Sir, those who would alarm us With the ter­ now in ruins; accordini to the honorable and rors of revolution, have not well considered the distinguished senator from South Carolina [Mr. structure of this government, and the organiza­ CALHOUN], it is not to be immediate, but to tion of its forces. It is a democracy of property be developed by time. and persons, with a fair approximation toward What are the omens to which our attention is universal education, and operating by means of directed? I see nothing but a broad difference of universal suffrage. The constituent members of opinion here, and the excitement consequent this democracy are the only persons who could upon it. subvert it; and they are not the citizens of a I have observed that revolutions which begin metropolis like Paris, or of a region subjected to in the palace, seldom go beyond the palace the influences of a metropolis like France; but walls, and they affect only the dynasty which they are husbandmen, dispersed over this broad reigns there. This revolution, if I understand it, land, on the mountain and on the plain, and on began in this Senate chamber a year ago, when the prairie, from the ocean to the Rocky Moun­ the representatives from the southern states as­ tains, and from the Great Lakes to the gulf; and sembled here and addressed their constituents this people are now, while we are discussing on what were called, the aggressions of the their imaginary danger, at peace and in their northern states. No revolution was designed at happy homes, and as unconcerned and unin­ that time; and all that has happened since, is formed of their peril, as they are of events oc­ the return to Congress of legislative resolutions, curring in the moon. Nor have the alarmists which seem to me to be conventional responses made due allowance in their calculations for the to the address which emanated from ·the influence of conservative reaction, strong in any Capitol. government, and irresistible in a rural republic, Sir, in any condition of society, there can be operating by universal suffrage. That principle no revolution without a cause--an adequate of reaction is due to the force of the habits of cause. What cause exists here? We are admit­ acquiescence and loyalty among 'the people. No ting a new state; but there is nothing new in man better understood this principle than that-we have already admitted seventeen Machiavelli, who has told us, in regard to fac-) before. But it is said that the slave states are in tions, that '.'no safe reliance can be placed in the danger of losing political power by the admis­ force of nature and the bravery of words, sion of the new state. Well, sir, is there any­ except it be corroborated by custom." Do the thing new in that? The slave states have always alarmists remember that this government has been losing political power, and they always stood sixty years alieady, without exactii\g one drop of blood? that this government has stood

to Jeremiah Oemens (1814-1865) served in the Senate, 1849-1853 sixty years, and yet treason is an obsolete (See Speech No. 15). crime? That day, I trust, is far off, wpen the

[ 313] fountains of popular contentment shall be subjected to new and ominous 11 imposts, broken up; but whenever it shall come, it will - direct taxes, and forced loans, and conscrip­ bring forth a higher illustration than has ever tions, to maintain an opposing army, an oppos­ yet been given of the excellence of the demo­ ing navy, and the new and hateful banner of cratic system; for then it will be seen how sedition. Then the projectors of the new repub­ calmly, how firmly, how nobly, a great people lic of the South will meet the question-and can act in preserving their Constitution; whom they may well prepare now to answer it-what "love of country moveth, example teacheth, is all this for? What intolerable wrong, what company comforteth, emulation quickeneth, unfraternal injustice, have rendered these ca­ and glory exalteth." lamities unavoidable? What gain will this un­ When the founders of the new republic of natural revolution bring to us? The answer will the South come to draw over the face of this be: "All this is done to secure the institution of empire, along or between its parallels of lati­ African slavery." tude or longitude, their ominous lines of dis­ And, then, if not before, the question will be memberment, soon to be broadly and deeply discussed, What is this institution of slavery, shaded with fraternaJ blood, they may come that it should cause these unparalleled sacrifices to the discovery then, if not before, that the and these disastrous afflictions? And this will natural and even the political connections of be the answer: When the Spaniards, few in the region embraced, forbid such a partition; number, discovered the western Indies and ad­ that its possible divisions are not northern jacent continental America, they needed labor and southern at all, but eastern and western, to draw forth from its virgin stores some Atlantic and Pacific; and that nature and speedy return to the cupidity of the court and commerce have allied indissolubly, for weal the bankers of Madrid. They enslaved the indo­ and woe, the seceders and those from whom lent, inoffensive, and confiding natives, who they are to be separated; that, while they perished by thousands, and even by millions, would rush into a civil war to restore an under that new and unnatural bondage. A imaginary equilibrium between the northern humane ecclesiastic advised the substitution of states and the southern states, a new equilib­ Africans, reduced to captivity in their native rium has taken its place, in which all those wars; and a pious princess adopted the sugges­ states are on the one side, and the boundless tion, with a dispensation from the head of the West is on the other. Church, granted on the ground of the prescrip­ Sir, when the founders of the new republic of tive right of the Christian to enslave the hea­ the South come to draw these fearful lines, they then, to effect his conversion. The colonists of will indicate what portions of the continent are North America, innocent in their unconscious­ to be broken off from their connection with the ness of wrong, encouraged the slave traffic, and Atlantic, through the St. Lawrence, the Hudson, thus the labor of subduing their territory de­ the Delaware, the Potomac, and the Mississippi; volved chiefly upon the African race. A happy what portion of this people are to be denied the conjuncture brought on an awakening of the use of the lakes, the railroads, and the canals, conscience of mankind· to the injustice of slav­ now constituting common_ and customary ave­ ery, simultaneously with the independence of nues of travel, trade, and social intercourse;. the colonies. Massachusetts, Connecticut, what families and kindred are to be separated, Rhode Island, New Hampshire, Vermont, New and converted into enemies; and what states are York, New Jersey, and Pennsylvania, welcomed to be the scenes of perpetual border warfare, and embraced the spirit of universal emancipa­ aggravated by interminable horrors of servile tion. Renouncing luxury, they secured influence insurrection. When those portentous lines shall and empire; but the states of the South, misled be· drawn, they will disclose what portion of by a new and profitable culture, elected to this people is to retain the army and the navy, and the flag of so many victories; and, on the other hand, what portion of the people is to be 11 The edition of 1887 substituted "onerous" for "ominous."

[ 314] maintain and perpetuate slavery; and thus, "SLAVERY MUST GIVE WAY ••• I!MANCIPATION IS 11 choosing luxury, they lost power and empire. INEVITABLB When this answer shall be given, it will appear that the question of dissolving the Here, then, is the point of my separation Union is a complex question; that it embraces from both of these parties. I feel assured that the fearful issue whether the Union shall slavery must give way, and will give way, to stand, and slavery, under the steady, peaceful the salutary instructions of economy, and to the action of moral, social, and political causes, be ripening influences of humanity; that emanci­ removed by gradual, voluntary effort, and pation is inevitable, and is near; that it may be with compensation, or whether the Union hastened or hindered; and that whether it shall shall be dissolved, and civil wars ensue, be peaceful or violent, depends upon the ques­ bringing on violent but complete and immedi­ tion, whether it be hastened or hindered-that ate emancipation. We are now arrived at that all measures which fortify slavery, or extend it, stage of our national progress when that crisis tend to the consummation of violence-all that can be foreseen-when we must foresee it. It check its extension and abate its strength, tend is directly before us. lts shadow is upon us. It to its peaceful extirpation. But I will adopt darkens the legislative halls, the temples of none but lawful, constitutional, and peaceful worship, and the home and the hearth. Every means, to secure even that end; and none such question, political, civil, or ecclesiastical­ can I or will I forego. Nor do I know any im­ however foreign to the subject of slavery­ portant or responsible political body that pro­ brings up slavery as an incident; and the inci­ poses to do more than this. No free state claims dent supplants the principal question. We to extend its legislation into a slave state. None hear of nothing but slavery, and we can talk claims that Congress shall usurp power to abol­ of nothing but slavery. And now, it seems to ish slavery in the slave states. None claims that me that all our difficulties, embarrassments, any violent, unconstitutional, or unlawful and dangers, arise, not out of unlawful per­ measure shall be embraced. And, on the other versions of the question of slavery, as some hand, if we offer no scheme or plan for the suppose, but from the want of moral courage adoption of the slave states, with the assent and to meet this question of emancipation as we cooperation of Congress, it is only because the ought. Consequently, we hear on one side de­ slave states are unwilling, as yet, to receive mands-absurd, indeed, but yet unceasing­ such suggestion~ or even to entertain the ques­ for an immediate and unconditional abolition tion of emancipation in any form. of slavery; as if any power, except the people But, sir, I will take this occasion to say that, of the slave states, could abolish it, and as if while I cannot agree with the honorable senator they could be moved to abolish it by merely from Massachusetts in proposing to devote sounding the trumpet violently and proclaim­ eighty millions of dollars to remove the free ing emancipation, while the institution is colored population from the slave states, and interwoven with all their social and political thus, as it appears to me, fortify slavery, there interests, constitutions and customs. is no reasonable limit to which I am not willing On the other hand, our. statesmen say that to go in applying the national treasures, to "slavery has always existed, and, for aught they effect the peaceful, voluntary removal of slav­ know or can do, it always must exist. God per­ ery itself. mitted it, and he alone can indicate the way to I have thus endeavored to show that there is remove it." As if the Supreme Creator, after not now, and there is not likely to occur, any giving us the instructions of his providence and adequate cause for revolution in regard to slav­ revelation, for the illumination of our tninds ery. But you reply that, nevertheless, you must and consciences, did not leave us, in all human have guaranties; and the first one is for the sur­ transactions, with due invocations of his Holy render of fugitives from labor. That guaranty Spirit, to seek out his will and execute it for you cannot have, as I have already shown, be­ ourselves. cause you cannot roll back the tide of social

[ 315] progress. You must be content with what you which thus lends its support to slavery; but it is have. If you wage war against us, you can, at only just and candid that I should bear witness most, only conquer us, and then all you can get to its fidelity to the interests of slavery. will b~- a treaty, and that you have already. Slavery has, moreover, a more natural alliance But you insist on a guaranty against the abo­ with the aristocracy of the North, and with the lition of slavery in the District of Columbia, or aristocracy of Europe. So long as slavery shall war. Well, when you shall have declared war possess the cotton fields, the sugar fields, and against us, what shall hinder us from immedi­ the rice fields of the world, so long will com­ ately decreeing that slavery shall cease within merce and capital yield it toleration and sympa­ the national capital? thy. Emancipation is a democratic revolution. It You say that you will not submit to the ex­ is capital that arrests all democratic revolutions. clusion of slaves from the new territories. What It was capital that, in a single year, rolled back will you gain by resistance? Uberty follows the the tide of revolution from the base of the Car­ sword, although her sway is one of peace and pathian mountains, across the Danube and the beneficence. Can you propagate slavery, then, · Rhine, into the streets of Paris. It is capital that by the sword? ,. is rapidly rolling back the throne of Napoleon You insist that you cannot submit to the into the chambers of the Tuileries. freedom with which slavery is discussed in the Slavery has a guaranty still stronger than free states. Will war-a war for slavery-arrest, these in the prejudices of caste and color, which or even moderate, that discussion? No, sir; that induce even large majorities in all the free states discussion will not cease; war will only inflame to regard sympathy with the slave as an act of it to a greater height. It is a part of the eternal unmanly humiliation and self-abasement, al­ conflict between truth and error-between though philosophy meekly expresses her dis­ mind and physical force-the conflict of man trust of the asserted natural superiority of the against the obstacles which oppose his way to white race, and confidently denies that such a an ultimate and glorious destiny. It will go on superiority, if justly claimed, could give a title until you shall terminate it in the only way in to oppression. which ariy state or nation has ever terminated There remains one more guaranty--one that it-by yielding to it-yielding in your own has seldom failed you, and will seldom fail you time, and in your own manner, indeed, but hereafter. New states cling in closer alliance nevertheless yielding to the progress of emanci­ than older ones to the federal power. The con­ pation. You will do this, sooner or later, what­ centration of the slave power enables you for ever may be your opinion now; because nations long periods, to control the federal government, which were prudent,· and humane,· and wise, as with the aid of the new states. I do not know you are, have done so already. · the sentiments of the representatives of Califor­ Sir, the slave states have no reason 'to fear nia, but, my word for it, if they should be ad­ that this inevitable change will go too far or too mitted on this floor today, against your most fast for their safety or welfare. It cannot well go obstinate opposition, they would, on all ques­ too fast, or too far, if the only alternative is a tions really affecting your interests, be found at war of races. your side. But it cannot go too fast. Slavery has a reli­ With these alliances to break the force of able and accommodating ally in a party in the emancipation, there will be no disunion and no free states, which though it claims to be, and secession. I do not say that there may not be doubtless i's, in many respects, a party of disturbance, though I do not apprehend even progress, finds its sole security for its political that. Absolute regularity and order in adminis­ power in the support and aid of slavery in the tration, have not yet been established in any slave states. Of course, I do not include in that government; and unbroken popular tranquillity party those who are now cooperating in main­ has not yet been attained, in even the most ad­ taining the cause of freedom against slavery. I vanced condition of human society. The ma­ am not of that party of progress in the North, chinery of our system is necessarily

[ 3161 pivot may fall out here, a lever may be dis­ his Farewell Address, impressed his countrymen placed there, a wheel may fall out of gearing - and mankind with a profound distrust of its elsewhere; but the machinery will soon recover perpetuity! No wonder that while the murmurs its regularity, and move on just as before, with of that day are yet ringing in our ears, we cher­ even better adaptation and adjustment to over­ ,ish that distrust, with pious reverence, as a na­ come new obstructions. tional and patriotic sentiment! There are many well-disposed persons who But it is time to prevent the abuses of that are alarmed at the occurrance of any such dis­ sentiment. It is time to shake off that fear, for turbance. The failure of a legislative body to fear is always weakness. It is time to remember organize is, to their apprehension a fearful that government, even when it arises by chance omen, and an extraconstitutional assemblage, to or accident, and is administered capriciously consult upon public affairs is, with them, cause and oppressively, is ever the strongest of all for desperation. Even senators speak of the human institutions, surviving many social and Union as if it existed only by consent, and, as it ecclesiastical changes and convulsions, and that seems to be implied, by the assent of the legis­ this Constitution of ours has all the inherent latures of the states~ On the contrary, the strength common to governments in general, Union was not founded in voluntary choice, and added to them has also the solidity and nor does it exist by voluntary· consent. firmriess derived from broader and deeper A union was proposed to the colonies by foundations in national justice, and a better Franklin and others, in 1754; but such was their civil adaptation to promote the welfare and aversion to an abridgment of their own impor­ happiness of mankind. tance, respectively, that it was rejected even The Union-the creature of necessities, phys­ under the pressure of a disastrous invasion by ical, moral, social, and political-endures by France. virtue of the same necessities; and these neces­ A union of choice was proposed to the colo­ sities are stronger than when it was produced­ nies in 1775; but so strong was their opposition, stronger by the greater amplitude of territory that they went through the War ·of Independ­ now covered by it-stronger by the sixfold in­ ence, without having established more than a crease of the society living under its beneficent mere council of consultation. protection-stronger by the augmentation, ten But with independence came enlarged inter­ thousand times, of the fields, the workshops, ests of agriculture-absolutely new interests of the mines, and the ships of that society-of its manufactures--interests of commerce, of fisher­ productions of the sea, of the plough, of the ies, of navigation, of a common . domain, of loom, and of the anvil, in their constant circle common debts, of common revenues and tax­ of internal and international exchange-strong­ ation, of the administration of justice, of public er in the long rivers penetrating regions before defence, of public honor---..,in short, interests of unknown-stronger in all the artificial roads, common nationality and sovereignty-interests canals, and other channels and avenues essen­ which at last compelled the adoption of a more tial not only to trade but to defence-stronger perfect union~ national government. in steam navigation, in steam locomotion on the The genius, talents, andlearning of Hamilton, land, and in telegraphic communications, un­ of Jay, and of Madison, surpassing perhaps the known when the Constitution was adopted­ intellectual power ever exerted before for the stronger in the freedom and in the growing establishment of· a government, combined with empire of .the seas-stronger in the element of the serene but"mighty influence of Washington, national honor in all land~d, stronger than were only sufficient to secure the reluctant all, in the now settled habits of veneration and adoption of the Constitution, that is now the affection for institutions so stupendous .and so object of all our affections and of the hopes of useful. mankind. No wonder that the conflicts in The Union, then, is, not because merely that which that Constitution was born, and the men choose that it shall be, but because some almost desponding solemnity of Washington, in government must exist here, and no other gov-

[ 317] ernment than this can. If it could be dashed to and more beneficent than any which time or atoms by the whirlwind, the lightning, or th~ change could bring into its place. earthquake, today, it would rise again in all its You may tell me, sir, that although all this just and magnificent proportions tomorrow. may be true, yet the trial of faction has not yet This nation is a globe, still accumulating been made. Sir, if the trial of faction has not upon accumulation-not a dissolving sphere. been made, it has not been because faction has not always existed, and has not always men­ aced a trial, but because faction could find no "I ICNOW ONLY ONE COUNTRY AND ONE SOVEREIGN-THE fulcrum on which to place the lever to subvert UNITJ!D STATES OF Al.awCA AND THE AMmuCAN PBOPLB" the Union, as it can find no fulcrum now; and in this is my confidence. I would not rashly I have heard somewhat here-and almost for provoke the trial, but I will not suffer a fear the first time in my life-of divided alle­ which I have not, to make me compromise one giance-of allegiance to the South and to the sentiment-one principle of truth or justice-to Union-of allegiance to states severally and to avert a danger that all experience teaches me is the Union. Sir, if SJ911pathies with state emula­ purely chimerical. Let, then, those who distrust tion and pride of achievement could be allowed the Union, make compromises to save it. I shall to raise up another sovereign to divide the alle­ not impeach their wisdom, as I certainly cannot giance of a citizen of the United States, I might their patriotism; but, indulging no such appre­ recognize the claims of the state to which, by hensions myself, I shall vote for the admission birth and gratitude, I belong-to the state of of California dir~tly, without conditions, with­ Hamilton and Jay, of Schuyler, of the Clintons, out qualifications, and without compromise. and of Fulton-the state which, with less than For the vindication of that vote, I look not to two hundred miles of natural navigation con­ the verdict of the passing hour, disturbed as the nected with the ocean, has, by her own enter­ public mind now is by conflicting interests and prise, secured to herself the commerce of the passions, but to that period, happily not far dis­ continent, and is steadily advancing to the com­ tant, when the vast regions over which we are mand of the commerce of the world. But for all now legislating shall have received their des­ this, I know only one country and one sover­ tined inhabitants. eign-the United States of America and the While looking forward to that day, its count­ American people. And such as my allegiance is, less generations seem to me to be rising up, and is the loyalty of ~very other citizen of the passing in dim and shadowy review before us; United States. As I speak, he will speak when and a voice comes forth from their serried his time arrives. He· knows no other country, ranks, saying, "Waste your treasures and your and no other sovereign. He has life, liberty, armies, if you will; raze your fortifications to property, and precious affections, and hopes for the ground; sink your navies into the sea; trans­ himself and for his posterity, treasured up in mit to us even a dishonored name, if you must; the ark of the Union. He knows as well and but the soil you hold in trust for us, give it to feels as strongly as I do, that this government is us free. You found it free, and conquered it to his own government; that he is a part of it; that extend a better and surer freedom over it. it was established for him, and that it is main­ Whatever choice you have made for yourselves, tained by him; that it is the only truly. wise, let us have no partial freedom; let us all be {ree; just, free, and equal government, that has ever let the reversion of your broad domain descend existed; that no other government could be so to us unincumbered, and free from the calami­ wise, just, free, and equal; and that it is safer ties and from the sorrows of human bondage."

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