American Eloquence, Volume III. (of 4) by Various

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The Senator from Texas says--it is not exactly his language--we will
force you to an ignominious treaty up in Faneuil Hall. Well, sir, you
may. We know you are brave; we understand your prowess; we want no fight
with you; but, nevertheless, if you drive us to that necessity, we
must use all the powers of this Government to maintain it intact in its
integrity. If we are overthrown, we but share the fate of a thousand
other Governments that have been subverted. If you are the weakest then
you must go to the wall; and that is all there is about it. That is
the condition in which we stand, provided a State sets herself up in
opposition to the General Government.

I say that is the way it seems to me, as a lawyer. I see no power in the
Constitution to release a Senator from this position. Sir, if there
was any other, if there was an absolute right of secession in the
Constitution of the United States when we stepped up there to take our
oath of office, why was there not an exception in that oath? Why did
it not run "that we would support the Constitution of the United States
unless our State shall secede before our term was out?" Sir, there is
no such immunity. There is no way by which this can be done that I can
conceive of, except it is standing upon the Constitution of the United
States, demanding equal justice for all, and vindicating the old flag
of the Union. We must maintain it, unless we are cloven down by superior
force.

Well, sir, it may happen that you can make your way out of the Union,
and that, by levying war upon the Government, you may vindicate your
right to independence. If you should do so, I have a policy in my mind.
No man would regret more than myself that any portion of the people of
these United States should think themselves impelled, by grievances or
anything else, to depart out of this Union, and raise a foreign flag and
a hand against the General Government. If there was any just cause
on God's earth that I could see that was within my reach of honorable
release from any such pretended grievance, they should have it; but
they set forth none; I can see none. It is all a matter of prejudice,
superinduced unfortunately, I believe, as I intimated before, more
because you have listened to the enemies of the Republican party and
what they said of us, while, from your intolerance, you have shut out
all light as to what our real principles are. We have been called and
branded in the North and in the South and everywhere else, as John Brown
men, as men hostile to your institutions, as meditating an attack upon
your institutions in your own States--a thing that no Republican ever
dreamed of or ever thought of, but has protested against as often as the
question has been up; but your people believe it. No doubt they believe
it because of the terrible excitement and reign of terror that prevails
there. No doubt they think so, but it arises from false information,
or the want of information--that is all. Their prejudices have been
appealed to until they have become uncontrolled and uncontrollable.

Well, sir, if it shall be so; if that "glorious Union," as we call it,
under which the Government has so long lived and prospered, is now about
to come to a final end, as perhaps it may, I have been looking around to
see what policy we should adopt; and through that gloom which has been
mentioned on the other side, if you will have it so, I still see a
glorious future for those who stand by the old flag of the nation.

But, sir, I am for maintaining the Union of these States. I will
sacrifice everything but honor to maintain it. That glorious old flag of
ours, by any act of mine, shall never cease to wave over the integrity
of this Union as it is. But if they will not have it so, in this new,
renovated Government of which I have spoken, the 4th of July, with all
its glorious memories, will never be repealed. The old flag of 1776
will be in our hands, and shall float over this nation forever; and this
capital, that some gentlemen said would be reserved for the Southern
republic, shall still be the capital. It was laid out by Washington;
it was consecrated by him; and the old flag that he vindicated in the
Revolution shall still float from the Capitol.

I say, sir, I stand by the Union of these States. Washington and his
compatriots fought for that good old flag. It shall never be hauled
down, but shall be the glory of the Government to which I belong, as
long as my life shall continue. To maintain it, Washington and his
compatriots fought for liberty and the rights of man. And here I will
add that my own father, although but a humble soldier, fought in the
same great cause, and went through hardships and privations sevenfold
worse than death, in order to bequeath it to his children. It is my
inheritance. It was my protector in infancy, and the pride and glory
of my riper years; and, Mr. President, although it may be assailed by
traitors on every side, by the grace of God, under its shadow I will
die.

JOHN JORDON CRITTENDEN,

OF KENTUCKY. (BORN 1787, DIED 1863.)

ON THE CRITTENDEN COMPROMISE;

UNITED STATES SENATE, DECEMBER 18, 1860.

I am gratified, Mr. President, to see in the various propositions which
have been made, such a universal anxiety to save the country from
the dangerous dissensions which now prevail; and I have, under a very
serious view and without the least ambitious feeling whatever connected
with it, prepared a series of constitutional amendments, which I desire
to offer to the Senate, hoping that they may form, in part at least,
some basis for measures that may settle the controverted questions which
now so much agitate our country. Certainly, sir, I do not propose
now any elaborate discussion of the subject. Before presenting these
resolutions, however, to the Senate, I desire to make a few remarks
explanatory of them, that the Senate may understand their general scope.

The questions of an alarming character are those which have grown out
of the controversy between the northern and southern sections of our
country in relation to the rights of the slave-holding States in the
Territories of the United States, and in relation to the rights of
the citizens of the latter in their slaves. I have endeavored by these
resolutions to meet all these questions and causes of discontent, and
by amendments to the Constitution of the United States, so that the
settlement, if we happily agree on any, may be permanent, and leave no
cause for future controversy. These resolutions propose, then, in the
first place, in substance, the restoration of the Missouri Compromise,
extending the line throughout the Territories of the United States
to the eastern border of California, recognizing slavery in all the
territory south of that line, and prohibiting slavery in all the
territory north of it; with a provision, however, that when any of those
Territories, north or south, are formed into States, they shall then be
at liberty to exclude or admit slavery as they please; and that, in the
one case or the other, it shall be no objection to their admission into
the Union. In this way, sir, I propose to settle the question, both as
to territory and slavery, so far as it regards the Territories of the
United States.

I propose, sir, also, that the Constitution be so amended as to declare
that Congress shall have no power to abolish slavery in the District
of Columbia so long as slavery exists in the States of Maryland and
Virginia; and that they shall have no power to abolish slavery in any of
the places under their special jurisdiction within the Southern States.

These are the constitutional amendments which I propose, and embrace the
whole of them in regard to the questions of territory and slavery. There
are other propositions in relation to grievances, and in relation to
controversies, which I suppose are within the jurisdiction of Congress,
and may be removed by the action of Congress. I propose, in regard
to legislative action, that the fugitive slave law, as it is commonly
called, shall be declared by the Senate to be a constitutional act, in
strict pursuance of the Constitution. I propose to declare that it
has been decided by the Supreme Court of the United States to be
constitutional, and that the Southern States are entitled to a faithful
and complete execution of that law, and that no amendment shall be made
hereafter to it which will impair its efficiency. But, thinking that it
would not impair its efficiency, I have proposed amendments to it in two
particulars. I have understood from gentlemen of the North that there
is objection to the provision giving a different fee where the
commissioner decides to deliver the slave to the claimant, from that
which is given where he decides to discharge the alleged slave; the law
declares that in the latter case he shall have but five dollars, while
in the other he shall have ten dollars--twice the amount in one case
than in the other. The reason for this was very obvious. In case he
delivers the servant to his claimant he is required to draw out a
lengthy certificate, stating the principle and substantial grounds on
which his decision rests, and to return him either to the marshal or to
the claimant to remove him to the State from which he escaped. It was
for that reason that a larger fee was given to the commissioner, where
he had the largest service to perform. But, sir, the act being viewed
unfavorably and with great prejudice, in a certain portion of our
country, this was regarded as very obnoxious, because it seemed to give
an inducement to the commissioner to return the slave to the master, as
he thereby obtained the larger fee of ten dollars instead of the smaller
one of five dollars. I have said, let the fee be the same in both cases.

I have understood, furthermore, sir, that inasmuch as the fifth section
of that law was worded somewhat vaguely, its general terms had admitted
of the construction in the Northern States that all the citizens were
required, upon the summons of the marshal, to go with him to hunt up,
as they express it, and arrest the slave; and this is regarded as
obnoxious. They have said, "in the Southern States you make no such
requisition on the citizen"; nor do we, sir. The section, construed
according to the intention of the framers of it, I suppose, only
intended that the marshal should have the same right in the execution
of process for the arrest of a slave that he has in all other cases of
process that he is required to execute--to call on the _posse comitatus_
for assistance where he is resisted in the execution of his duty, or
where, having executed his duty by the arrest, an attempt is made to
rescue the slave. I propose such an amendment as will obviate this
difficulty and limit the right of the master and the duty of the citizen
to cases where, as in regard to all other process, persons may be called
upon to assist in resisting opposition to the execution of the laws.

I have provided further, sir, that the amendment to the Constitution
which I here propose, and certain other provisions of the Constitution
itself, shall be unalterable, thereby forming a permanent and
unchangeable basis for peace and tranquillity among the people. Among
the provisions in the present Constitution, which I have by amendment
proposed to render unalterable, is that provision in the first article
of the Constitution which provides the rule for representation,
including in the computation three-fifths of the slaves. That is to
be rendered unchangeable. Another is the provision for the delivery of
fugitive slaves. That is to be rendered unchangeable.

And with these provisions, Mr. President, it seems to me we have a solid
foundation upon which we may rest our hopes for the restoration of peace
and good-will among all the States of this Union, and all the people.
I propose,sir, to enter into no particular discussion. I have explained
the general scope and object of my proposition. I have provided further,
which I ought to mention, that, there having been some difficulties
experienced in the courts of the United States in the South in carrying
into execution the laws prohibiting the African slave trade, all
additions and amendments which may be necessary to those laws to render
them effectual should be immediately adopted by Congress, and especially
the provision of those laws which prohibit the importation of African
slaves into the United States. I have further provided it as a
recommendation to all the States of this Union, that whereas laws have
been passed of an unconstitutional character, (and all laws are of
that character which either conflict with the constitutional acts
of Congress, or which in their operation hinder or delay the proper
execution of the acts of Congress,) which laws are null and void, and
yet, though null and void, they have been the source of mischief and
discontent in the country, under the extraordinary circumstances in
which we are placed; I have supposed that it would not be improper or
unbecoming in Congress to recommend to the States, both North and South,
the repeal of all such acts of theirs as were intended to control, or
intended to obstruct the operation of the acts of Congress, or which in
their operation and in their application have been made use of for the
purpose of such hindrance and opposition, and that they will repeal
these laws or make such explanations or corrections of them as to
prevent their being used for any such mischievous purpose.

I have endeavored to look with impartiality from one end of our country
to the other; I have endeavored to search up what appeared to me to be
the causes of discontent pervading the land; and, as far as I am capable
of doing so, I have endeavored to propose a remedy for them. I am far
from believing that, in the shape in which I present these measures,
they will meet with the acceptance of the Senate. It will be
sufficiently gratifying if, with all the amendments that the superior
knowledge of the Senate may make to them, they shall, to any effectual
extent, quiet the country.

Mr. President, great dangers surround us. The Union of these States
is dear to the people of the United States. The long experience of its
blessings, the mighty hopes of the future, have made it dear to the
hearts of the American people. Whatever politicians may say, whatever
of dissension may, in the heat of party politics, be created among
our people, when you come down to the question of the existence of the
Constitution, that is a question beyond all politics; that is a question
of life and death. The Constitution and the Union are the life of this
great people--yes, sir, the life of life. We all desire to preserve
them, North and South; that is the universal desire. But some of the
Southern States, smarting under what they conceive to be aggressions of
their Northern brethren and of the Northern States, are not contented to
continue this Union, and are taking steps, formidable steps, towards a
dissolution of the Union, and towards the anarchy and the bloodshed, I
fear, that are to follow. I say, sir, we are in the presence of great
events. We must elevate ourselves to the level of the great occasion. No
party warfare about mere party questions or party measures ought now
to engage our attention. They are left behind; they are as dust in the
balance. The life, the existence of our country, of our Union, is
the mighty question; and we must elevate ourselves to all those
considerations which belong to this high subject.

I hope, therefore, gentlemen will be disposed to bring the sincerest
spirit of conciliation, the sincerest spirit and desire to adjust all
these difficulties, and to think nothing of any little concessions of
opinions that they may make, if thereby the Constitution and the country
can be preserved.

The great difficulty here, sir--I know it; I recognize it as the
difficult question, particularly with the gentlemen from the North--is
the admission of this line of division for the territory, and the
recognition of slavery on the one side, and the prohibition of it on the
other. The recognition of slavery on the southern side of that line is
the great difficulty, the great question with them. Now, I beseech you
to think, and you, Mr. President, and all, to think whether, for such
a comparative trifle as that, the Union of this country is to be
sacrificed. Have we realized to ourselves the momentous consequences of
such an event? When has the world seen such an event? This is a mighty
empire. Its existence spreads its influence throughout the civilized
world. Its overthrow will be the greatest shock that civilization and
free government have received; more extensive in its consequences; more
fatal to mankind and to the great principles upon which the liberty of
mankind depends, than the French revolution with all its blood, and with
all its war and violence. And all for what? Upon questions concerning
this line of division between slavery and freedom? Why, Mr. President,
suppose this day all the Southern States, being refused this right;
being refused this partition; being denied this privilege, were to
separate from the Northern States, and do it peacefully, and then were
to come to you peacefully and say, "let there be no war between us;
let us divide fairly the Territories of the United States"; could the
northern section of the country refuse so just a demand? What would you
then give them? What would be the fair proportion? If you allowed them
their fair relative proportion, would you not give them as much as is
now proposed to be assigned on the southern side of that line, and would
they not be at liberty to carry their slaves there, if they pleased? You
would give them the whole of that; and then what would be its fate?

Is it upon the general principle of humanity, then, that you (addressing
Republican Senators) wish to put an end to slavery, or is it to be urged
by you as a mere topic and point of party controversy to sustain party
power? Surely I give you credit for looking at it upon broader and
more generous principles. Then, in the worst event, after you have
encountered disunion, that greatest of all political calamities to the
people of this country, and the disunionists come, the separating States
come, and demand or take their portion of the Territories, they can
take, and will be entitled to take, all that will now lie on the
southern side of the line which I have proposed. Then they will have
a right to permit slavery to exist in it; and what do you gain for the
cause of anti-slavery? Nothing whatever. Suppose you should refuse their
demand, and claim the whole for yourselves, that would be a flagrant
injustice which you would not be willing that I should suppose would
occur. But if you did, what would be the consequence? A State north and
a State south, and all the States, north and south, would be attempting
to grasp at and seize this territory, and to get all of it that they
could. That would be the struggle, and you would have war; and not
only disunion, but all these fatal consequences would follow from your
refusal now to permit slavery to exist, to recognize it as existing,
on the southern side of the proposed line, while you give to the people
there the right to exclude it when they come to form a State government,
if such should be their will and pleasure.

Now, gentlemen, in view of this subject, in view of the mighty
consequences, in view of the great events which are present before you,
and of the mighty consequences which are just now to take effect, is
it not better to settle the question by a division upon the line of the
Missouri Compromise? For thirty years we lived quietly and peacefully
under it. Our people, North and South, were accustomed to look at it
as a proper and just line. Can we not do so again? We did it then to
preserve the peace of the country. Now you see this Union in the most
imminent danger. I declare to you that it is my solemn conviction that
unless something be done, and something equivalent to this proposition,
we shall be a separated and divided people in six months from this time.
That is my firm conviction. There is no man here who deplores it more
than I do; but it is my sad and melancholy conviction that that will be
the consequence. I wish you to realize fully the danger. I wish you
to realize fully the consequences which are to follow. You can give
increased stability to this Union; you can give it an existence, a
glorious existence, for great and glorious centuries to come, by now
setting it upon a permanent basis, recognizing what the South considers
as its rights; and this is the greatest of them all; it is that you
should divide the territory by this line, and allow the people south of
it to have slavery when they are admitted into the Union as States, and
to have it during the existence of the territorial government. That is
all. Is it not the cheapest price at which such a blessing as this Union
was ever purchased? You think, perhaps, or some of you, that there is no
danger, that it will but thunder and pass away. Do not entertain such a
fatal delusion. I tell you it is not so. I tell you that as sure as we
stand here disunion will progress. I fear it may swallow up even old
Kentucky in its vortex--as true a State to the Union as yet exists in
the whole Confederacy--unless something be done; but that you will have
disunion, that anarchy and war will follow it, that all this will take
place in six months, I believe as confidently as I believe in your
presence. I want to satisfy you of the fact.

* * * * *

The present exasperation; the present feeling of disunion, is the
result of a long-continued controversy on the subject of slavery and
of territory. I shall not attempt to trace that controversy; it is
unnecessary to the occasion, and might be harmful. In relation to such
controversies, I will say, though, that all the wrong is never on one
side, or all the right on the other. Right and wrong, in this world,
and in all such controversies, are mingled together. I forbear now any
discussion or any reference to the right or wrong of the controversy,
the mere party controversy; but in the progress of party, we now come
to a point where party ceases to deserve consideration, and the
preservation of the Union demands our highest and our greatest
exertions. To preserve the Constitution of the country is the highest
duty of the Senate, the highest duty of Congress--to preserve it and to
perpetuate it, that we may hand down the glories which we have received
to our children and to our posterity, and to generations far beyond us.
We are, Senators, in positions where history is to take notice of the
course we pursue.

History is to record us. Is it to record that when the destruction of
the Union was imminent; when we saw it tottering to its fall; when we
saw brothers arming their hands for hostility with one another, we stood
quarrelling about points of party politics; about questions which we
attempted to sanctify and to consecrate by appealing to our conscience
as the source of them? Are we to allow such fearful catastrophes to
occur while we stand trifling away our time? While we stand thus,
showing our inferiority to the great and mighty dead, showing our
inferiority to the high positions which we occupy, the country may be
destroyed and ruined; and to the amazement of all the world, the great
Republic may fall prostrate and in ruins, carrying with it the very hope
of that liberty which we have heretofore enjoyed; carrying with it, in
place of the peace we have enjoyed, nothing but revolution and havoc and
anarchy. Shall it be said that we have allowed all these evils to come
upon our country, while we were engaged in the petty and small disputes
and debates to which I have referred? Can it be that our name is to rest
in history with this everlasting stigma and blot upon it?

Sir, I wish to God it was in my power to preserve this Union by
renouncing or agreeing to give up every conscientious and other opinion.
I might not be able to discard it from my mind; I am under no obligation
to do that. I may retain the opinion, but if I can do so great a good as
to preserve my country and give it peace, and its institutions and its
Union stability, I will forego any action upon my opinions. Well, now,
my friends (addressing the Republican Senators), that is all that is
asked of you. Consider it well, and I do not distrust the result. As
to the rest of this body, the gentlemen from the South, I would say to
them, can you ask more than this? Are you bent on revolution, bent on
disunion. God forbid it. I cannot believe that such madness possesses
the American people. This gives reasonable satisfaction. I can speak
with confidence only of my own State. Old Kentucky will be satisfied
with it, and she will stand by the Union and die by the Union if this
satisfaction be given. Nothing shall seduce her. The clamor of no
revolution, the seductions and temptations of no revolution, will
tempt her to move one step. She has stood always by the side of the
Constitution; she has always been devoted to it, and is this day. Give
her this satisfaction, and I believe all the States of the South that
are not desirous of disunion as a better thing than the Union and the
Constitution, will be satisfied and will adhere to the Union, and
we shall go on again in our great career of national prosperity and
national glory.

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