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

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Mr. President, I am not one of those who suppose that the question
between Mexican law and the slave-holding claims was avoided in the
Utah and New Mexico Act; nor do I think that the introduction into the
Nebraska bill of the provisions of those acts in respect to slavery
would leave the question between the Missouri prohibition and the same
slave-holding claims entirely unaffected.' I am of a very different
opinion. But I am dealing now with the report of the Senator from
Illinois, as chairman of the committee, and I show, beyond all
controversy, that that report gave no countenance whatever to the
doctrine of repeal by supersedure.

Well, sir, the bill reported by the committee was printed in the
Washington Sentinel on Saturday, January 7th. It contained twenty
sections; no more, no less. It contained no provisions in respect to
slavery, except those in the Utah and New Mexico bills. It left those
provisions to speak for themselves. This was in harmony with the report
of the committee. On the 10th of January--on Tuesday--the act appeared
again in the Sentinel; but it had grown longer during the interval.
It appeared now with twenty-one sections. There was a statement in
the paper that the twenty-first section had been omitted by a clerical
error.

But, sir, it is a singular fact that this twenty-first section is
entirely out of harmony with the committee's report. It undertakes to
determine the effect of the provision in the Utah and New Mexico bills.
It declares, among other things, that all questions pertaining
to slavery in the Territories, and in the new States to be formed
therefrom, are to be left to the decision of the people residing
therein, through their appropriate representatives. This provision, in
effect, repealed the Missouri prohibition, which the committee, in their
report, declared ought not to be done. Is it possible, sir, that this
was a mere clerical error? May it not be that this twenty-first section
was the fruit of some Sunday work, between Saturday the 7th, and Tuesday
the 10th?

But, sir, the addition of this section, it seems, did not help the bill.
It did not, I suppose, meet the approbation of Southern gentlemen,
who contended that they have a right to take their slaves into the
Territories, notwithstanding any prohibition, either by Congress or by a
Territorial Legislature. I dare say it was found that the votes of these
gentlemen could not be had for the bill with that clause in it. It was
not enough that the committee had abandoned their report, and added
this twenty-first section, in direct contravention of its reasonings and
principles. The twenty-first section itself must be abandoned, and the
repeal of the Missouri prohibition placed in a shape which would not
deny the slave-holding claim.

The Senator from Kentucky (Mr. Dixon), on the 16th of January, submitted
an amendment which came square up to repeal, and to the claim. That
amendment, probably, produced some fluttering and some consultation. It
met the views of Southern Senators, and probably determined the shape
which the bill has finally assumed. Of the various mutations which it
has undergone, I can hardly be mistaken in attributing the last to the
amendment of the Senator from Kentucky. That there is no effect without
a cause, is among our earliest lessons in physical philosophy, and I
know of no causes which will account for the remarkable changes which
the bill underwent after the 16th of January, other than that amendment,
and the determination of Southern Senators to support it, and to
vote against any provision recognizing the right of any Territorial
Legislature to prohibit the introduction of slavery.

It was just seven days, Mr. President, after the Senator from Kentucky
had offered his amendment, that a fresh amendment was reported from the
Committee on Territories, in the shape of a new bill, enlarged to forty
sections. This new bill cuts off from the proposed Territory half
a degree of latitude on the south, and divides the residue into
two Territories--the southern Territory of Kansas, and the northern
Territory of Nebraska. It applies to each all the provisions of the
Utah and New Mexico bills; it rejects entirely the twenty-first
clerical-error section, and abrogates the Missouri prohibition by the
very singular provision, which I will read:

"The Constitution and all laws of the United States which are not
locally inapplicable shall have the same force and effect within the
said Territory of Nebraska as elsewhere within the United States, except
the eighth section of the act preparatory to the admission of Missouri
into the Union, approved March 6, 1820, which was superseded by the
principles of the legislation of 1850, commonly called the compromise
measures, and is therefore declared inoperative."

Doubtless, Mr. President, this provision operates as a repeal of the
prohibition. The Senator from Kentucky was right when he said it was in
effect the equivalent of his amendment. Those who are willing to break
up and destroy the old compact of 1820 can vote for this bill with full
assurance that such will be its effect. But I appeal to them not to
vote for this supersedure clause. I ask them not to incorporate into
the legislation of the country a declaration which every one knows to be
wholly untrue.

I have said that this doctrine of supersedure is new. I have now proved
that it is a plant of but ten days' growth. It was never seen or heard
of until the 23d day of January, 1854. It was upon that day that this
tree of Upas was planted; we already see its poison fruits. * * *

The truth is, that the compromise acts of 1850 were not intended to
introduce any principles of territorial organization applicable to any
other Territory except that covered by them. The professed object of
the friends of the compromise acts was to compose the whole slavery
agitation. There were various matters of complaint. The non-surrender
of fugitives from service was one. The existence of slavery and the
slave-trade here in this District and elsewhere, under the exclusive
jurisdiction of Congress, was another. The apprehended introduction of
slavery into the Territories furnished other grounds of controversy.
The slave States complained of the free States, and the free States
complained of the slave States. It was supposed by some that this whole
agitation might be stayed, and finally put at rest by skilfully adjusted
legislation. So, sir, we had the omnibus bill, and its appendages the
fugitive-slave bill and the District slave-trade suppression bill.
To please the North--to please the free States--California was to be
admitted, and the slave depots here in the District were to be broken
up. To please the slave States, a stringent fugitive-slave act was to
be passed, and slavery was to have a chance to get into the new
Territories. The support of the Senators and Representatives from
Texas was to be gained by a liberal adjustment of boundary, and by the
assumption of a large portion of their State debt. The general result
contemplated was a complete and final adjustment of all questions
relating to slavery. The acts passed. A number of the friends of the
acts signed a compact pledging themselves to support no man for any
office who would in any way renew the agitation. The country was
required to acquiesce in the settlement as an absolute finality. No man
concerned in carrying those measures through Congress, and least of all
the distinguished man whose efforts mainly contributed to their success,
ever imagined that in the Territorial acts, which formed a part of the
series, they were planting the germs of a new agitation. Indeed, I have
proved that one of these acts contained an express stipulation which
precludes the revival of the agitation in the form in which it is now
thrust upon the country, without manifest disregard of the provisions of
those acts themselves.

I have thus proved beyond controversy that the averment of the bill,
which my amendment proposes to strike out, is untrue. Senators, will you
unite in a statement which you know to be contradicted by the history of
the country? Will you incorporate into a public statute an affirmation
which is contradicted by every event which attended or followed the
adoption of the compromise acts? Will you here, acting under your high
responsibility as Senators of the States, assert as a fact, by a solemn
vote, that which the personal recollection of every Senator who was here
during the discussion of those compromise acts disproves? I will not
believe it until I see it. If you wish to break up the time-honored
compact embodied in the Missouri compromise, transferred into the joint
resolution for the annexation of Texas, preserved and affirmed by these
compromise acts themselves, do it openly--do it boldly. Repeal the
Missouri prohibition. Repeal it by a direct vote. Do not repeal it by
indirection. Do not "declare" it "inoperative," "because superseded by
the principles of the legislation of 1850."

Mr. President, three great eras have marked the history of this country
in respect to slavery. The first may be characterized as the Era of
ENFRANCHISEMENT. It commenced with the earliest struggles for national
independence. The spirit which inspired it animated the hearts and
prompted the efforts of Washington, of Jefferson, of Patrick Henry, of
Wythe, of Adams, of Jay, of Hamilton, of Morris--in short, of all the
great men of our early history. All these hoped for, all these labored
for, all these believed in, the final deliverance of the country
from the curse of slavery. That spirit burned in the Declaration of
Independence, and inspired the provisions of the Constitution, and the
Ordinance of 1787. Under its influence, when in full vigor, State after
State provided for the emancipation of the slaves within their limits,
prior to the adoption of the Constitution. Under its feebler influence
at a later period, and during the administration of Mr. Jefferson, the
importation of slaves was prohibited into Mississippi and Louisiana, in
the faint hope that those Territories might finally become free States.
Gradually that spirit ceased to influence our public councils, and lost
its control over the American heart and the American policy. Another
era succeeded, but by such imperceptible gradations that the lines which
separate the two cannot be traced with absolute precision. The facts of
the two eras meet and mingle as the currents of confluent streams mix
so imperceptibly that the observer cannot fix the spot where the meeting
waters blend.

This second era was the Era of CONSERVATISM. Its great maxim was to
preserve the existing condition. Men said: Let things remain as they
are; let slavery stand where it is; exclude it where it is not; refrain
from disturbing the public quiet by agitation; adjust all difficulties
that arise, not by the application of principles, but by compromises.

It was during this period that the Senator tells us that slavery was
maintained in Illinois, both while a Territory and after it became a
State, in despite of the provisions of the ordinance. It is true, sir,
that the slaves held in the Illinois country, under the French law,
were not regarded as absolutely emancipated by the provisions of the
ordinance. But full effect was given to the ordinance in excluding
the introduction of slaves, and thus the Territory was preserved
from eventually becoming a slave State. The few slave-holders in
the Territory of Indiana, which then included Illinois, succeeded in
obtaining such an ascendency in its affairs, that repeated applications
were made not merely by conventions of delegates, but by the Territorial
Legislature itself, for a suspension of the clause in the ordinance
prohibiting slavery. These applications were reported upon by John
Randolph, of Virginia, in the House, and by Mr. Franklin in the Senate.
Both the reports were against suspension. The grounds stated by Randolph
are specially worthy of being considered now. They are thus stated in
the report:

"That the committee deem it highly dangerous and inexpedient to impair
a provision wisely calculated to promote the happiness and prosperity
of the Northwestern country, and to give strength and security to that
extensive frontier. In the salutary operation of this sagacious and
benevolent restraint, it is believed that the inhabitants of Indiana
will, at no very distant day, find ample remuneration for a temporary
privation of labor and of emigration."

Sir, these reports, made in 1803 and 1807, and the action of Congress
upon them, in conformity with their recommendation, saved Illinois, and
perhaps Indiana, from becoming slave States. When the people of Illinois
formed their State constitution, they incorporated into it a section
providing that neither slavery nor involuntary servitude shall hereafter
be introduced into this State. The constitution made provision for the
continued service of the few persons who were originally held as slaves,
and then bound to service under the Territorial laws, and for the
freedom of their children, and thus secured the final extinction of
slavery. The Senator thinks that this result is not attributable to the
ordinance. I differ from him. But for the ordinance, I have no doubt
slavery would have been introduced into Indiana, Illinois, and Ohio.
It is something to the credit of the Era of Conservatism, uniting its
influences with those of the expiring Era of Enfranchisement, that it
maintained the ordinance of 1787 in the Northwest.

The Era of CONSERVATISM passed, also by imperceptible gradations, into
the Era of SLAVERY PROPAGANDISM. Under the influences of this new spirit
we opened the whole territory acquired from Mexico, except California,
to the ingress of slavery. Every foot of it was covered by a Mexican
prohibition; and yet, by the legislation of 1850, we consented to expose
it to the introduction of slaves. Some, I believe, have actually been
carried into Utah and New Mexico. They may be few, perhaps, but a few
are enough to affect materially the probable character of their future
governments. Under the evil influences of the same spirit, we are now
called upon to reverse the original policy of the Republic; to support
even a solemn compact of the conservative period, and open Nebraska to
slavery.

Sir, I believe that we are upon the verge of another era. That era will
be the Era of REACTION. The introduction of this question here, and its
discussion, will greatly hasten its advent. We, who insist upon the
denationalization of slavery, and upon the absolute divorce of the
General Government from all connection with it, will stand with the men
who favored the compromise acts, and who yet wish to adhere to them,
in their letter and in their spirit, against the repeal of the Missouri
prohibition. But you may pass it here. You may send it to the other
House. It may become a law. But its effect will be to satisfy all
thinking men that no compromises with slavery will endure, except so
long as they serve the interests of slavery; and that there is no safe
and honorable ground for non-slaveholders to stand upon, except that
of restricting slavery within State limits, and excluding it absolutely
from the whole sphere of Federal jurisdiction. The old questions between
political parties are at rest. No great question so thoroughly possesses
the public mind as this of slavery. This discussion will hasten the
inevitable reorganization of parties upon the new issues which our
circumstances suggest. It will light up a fire in the country which may,
perhaps, consume those who kindle it. * * *

EDWARD EVERETT,

OF MASSACHUSETTS.

(BORN 1794, DIED 1865.)

ON THE KANSAS-NEBRASKA BILL;

SENATE OF THE UNITED STATES, FEBRUARY 8, 1854

I will not take up the time of the Senate by going over the somewhat
embarrassing and perplexed history of the bill, from its first entry
into the Senate until the present time. I will take it as it now stands,
as it is printed on our tables, and with the amendment which was offered
by the Senator from Illinois (Mr. Douglas) yesterday, and which, iI
suppose, is now printed, and on our tables; and I will state, as briefly
as I can, the difficulties which I have found in giving my support to
this bill, either as it stands, or as it will stand when the amendment
shall be adopted. My chief objections are to the provisions on the
subject of slavery, and especially to the exception which is contained
in the 14th section, in the following words:

"Except the 8th section of the act preparatory to the admission of
Missouri into the Union, approved March 6, 1820, which was superseded
by the principles of the legislation of 1850, commonly called the
compromise measures, and is hereby declared inoperative."

On the day before yesterday the chairman of the Committee on Territories
proposed to change the words "superseded by" to "inconsistent with,"
as expressing more distinctly all that he meant to convey by that
impression. Yesterday, however, he brought in an amendment drawn up with
great skill and care, on notice given the day before, which is to strike
out the words "which was superseded by the principles of the legislation
of 1850, commonly called the compromise measures, and is hereby declared
inoperative," and to insert in lieu of them the following:

"Which being inconsistent with the principle of non-intervention by
Congress with slavery in the States and Territories, as recognized by
the legislation of 1850, commonly called the compromise measures, is
hereby declared inoperative and void; it being the true intent and
meaning of this act not to legislate slavery into any Territory or
State, nor to exclude it therefrom, but to leave the people thereof
perfectly free to form and regulate their domestic institutions in their
own way, subject only to the Constitution of the United States."

* * * * *

Now, sir, I think, in the first place, that the language of this
proposed enactment, being obscure, is of somewhat doubtful import, and
for that reason, unsatisfactory. I should have preferred a little more
directness. What is the condition of an enactment which is declared by a
subsequent act of Congress to be "inoperative and void?" Does it remain
in force? I take it, not. That would be a contradiction in terms, to say
that an enactment which had been declared by act of Congress inoperative
and void is still in force. Then, if it is not in force, if it is not
only inoperative and void, as it is to be declared, but is not in force,
it is of course repealed. If it is to be repealed, why not say so?
I think it would have been more direct and more parliamentary to say
"shall be and is hereby repealed." Then we should know precisely, so far
as legal and technical terms go, what the amount of this new legislative
provision is.

If the form is somewhat objectionable, I think the substance is still
more so. The amendment is to strike out the words "which was superseded
by," and to insert a provision that the act of 1820 is inconsistent
with the principle of congressional non-intervention, and is therefore
inoperative and void. I do not quite understand how much is conveyed
in this language. The Missouri restriction of 1820, it is said, is
inconsistent with the principle of the legislation of 1850. If anything
more is meant by "the principle" of the legislation of 1850, than the
measures which were adopted at that time in reference to the territories
of New Mexico and Utah--for I may assume that those are the legislative
measures referred to--if anything more is meant than that a certain
measure was adopted, and enacted in reference to those territories, I
take issue on that point. I do not know that it could be proved that,
even in reference to those territories, a principle was enacted at all.
A certain measure, or, if you please, a course of measures, was enacted
in reference to the Territories of New Mexico and Utah; but I do not
know that you can call this enacting a principle. It is certainly
not enacting a principle which is to carry with it a rule for other
Territories lying in other parts of the country, and in a different
legal position. As to the principle of non-intervention on the part
of Congress in the question of slavery, I do not find that, either as
principle or as measure, it was enacted in those territorial bills of
1850. I do not, unless I have greatly misread them, find that there is
anything at all which comes up to that. Every legislative act of those
territorial governments must come before Congress for allowance or
disallowance, and under those bills without repealing them, without
departing from them in the slightest degree, it would be competent for
Congress to-morrow to pass any law on that subject.

How then can it be said that the principle of non-intervention on the
part of Congress in the subject of slavery was enacted and established
by the compromise measures of 1850? But, whether that be so or not, how
can you find, in a simple measure applying in terms to these individual
Territories, and to them alone, a rule which is to govern all other
Territories with a retrospective and with a prospective action? Is
it not a mere begging of the question to say that those compromise
measures, adopted in this specific case, amount to such a general rule?

But, let us try it in a parallel case. In the earlier land legislation
of the United States, it was customary, without exception, when a
Territory became a State, to require that there should be a stipulation
in their State constitution that the public lands sold within their
borders should be exempted from taxation for five years after the sale.
This, I believe, continued to be the uniform practice down to the year
1820, when the State of Missouri was admitted. She was admitted under
the stipulation. If I mistake not, the next State which was admitted
into the Union--but it is not important whether it was the next or
not--came in without that stipulation, and they were left free to tax
the public lands the moment when they were sold. Here was a principle;
as much a principle as it is contended was established in the Utah and
New Mexico territorial bill; but did any one suppose that it acted upon
the other Territories? I believe the whole system is now abolished under
the operation of general laws, and the influence of that example may
have led to the change. But, until it was made by legislation, the mere
fact that public lands sold in Arkansas were immediately subject to
taxation, could not alter the law in regard to the public lands sold in
Missouri, or in any other to where they were they were exempt.

There is a case equally analogous to the very matter we are now
considering--the prohibition or permission of slavery. The ordinance of
1787 prohibited slavery in the territory northwest of the Ohio. In 1790
Congress passed an act accepting the cession which the State of North
Carolina had made of the western part of her territory, with the
proviso, that in reference to the territory thus ceded Congress should
pass no laws "tending to the emancipation of the slaves." Here was a
precisely parallel case. Here was a territory in which, in 1787, slavery
was prohibited. Here was a territory ceded by North Carolina, which
became the territory of the United States south of the Ohio, in
reference to which it was stipulated with North Carolina, that Congress
should pass no laws tending to the emancipation of slaves. But I believe
it never occurred to any one that the legislation of 1790 acted back
upon the ordinance of 1787, or furnished a rule by which any effect
could be produced upon the state of things existing under that
ordinance, in the territory to which it applied.

I certainly intend to do the distinguished chairman of the committee
no injustice; and I am not sure that I fully comprehend his argument in
this respect; but I think his report sustains the view which I now take
of the subject: that is, that the legislation of 1850 did not establish
a principle which was designed to have any such effect as he intimates.
That report states how matters stood in those new Mexican territories.
It was alleged on the one hand that by the Mexican _lex loci_ slavery
was prohibited. On the other hand that was denied, and it was maintained
that the Constitution of the United States secures to every citizen the
right to go there and take with him any property recognized as such
by any of the States of the Union. The report considers that a similar
state of things now exists in Nebraska--that the validity of the eighth
section of the Missouri Act, by which slavery is prohibited in that
Territory, is doubtful, and that it is maintained by many distinguished
statesmen that Congress has no power to legislate on the subject.
Then, in this state of the controversy, the report maintains that
the legislation of Congress in 1850 did not undertake to decide these
questions. Surely, if they did not undertake to decide them, they could
not settle the principle which is at stake in them; and, unless they did
decide them, the measures then adopted must be considered as specific
measures, relating only to those case and not establishing a principle
of general operation. This seems to me to be as direct and conclusive as
anything can be.

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