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

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"For Humanity sweeps onward; where to-day the martyr stands,
On the morrow crouches Judas, with the silver in his hands;
While the hooting mob of yesterday in silent awe return,
To glean up the scattered ashes into History's golden urn."

Among these hostile Senators, there is yet another, with all the
prejudices of the Senator from South Carolina, but without his generous
impulses, who, on account of his character before the country, and the
rancor of his opposition, deserves to be named. I mean the Senator from
Virginia (Mr. Mason), who, as the author of the Fugitive-Slave bill, has
associated himself with a special act of inhumanity and tyranny. Of him
I shall say little, for he has said little in this debate, though within
that little was compressed the bitterness of a life absorbed in the
support of Slavery. He holds the commission of Virginia; but he does not
represent that early Virginia, so dear to our hearts, which gave to us
the pen of Jefferson, by which the equality of men was declared, and
the sword of Washington, by which Independence was secured; but he
represents that other Virginia, from which Washington and Jefferson
now avert their faces, where human beings are bred as cattle for the
shambles, and where a dungeon rewards the pious matron who teaches
little children to relieve their bondage by reading the Book of Life.
It is proper that such a Senator, representing such a State, should rail
against free Kansas.

Senators such as these are the natural enemies of Kansas, and I
introduce them with reluctance, simply that the country may understand
the character of the hostility which must be overcome. Arrayed with
them, of course, are all who unite, under any pretext or apology, in
the propagandism of human Slavery. To such, indeed, the time-honored
safeguards of popular rights can be a name only, and nothing more. What
are trial by jury, habeas corpus, the ballot-box, the right of petition,
the liberty of Kansas, your liberty, sir, or mine, to one who lends
himself, not merely to the support at home, but to the propagandism
abroad, of that preposterous wrong, which denies even the right of a
man to himself! Such a cause can be maintained only by a practical
subversion of all rights. It is, therefore, merely according to reason
that its partisans should uphold the Usurpation in Kansas.

To overthrow this Usurpation is now the special, importunate duty of
Congress, admitting of no hesitation or postponement. To this end it
must lift itself from the cabals of candidates, the machinations of
party, and the low level of vulgar strife. It must turn from that Slave
Oligarchy which now controls the Republic, and refuse to be its tool.
Let its power be stretched forth toward this distant Territory, not to
bind, but to unbind; not for the oppression of the weak, but for the
subversion of the tyrannical; not for the prop and maintenance of a
revolting Usurpation, but for the confirmation of Liberty.

"These are imperial arts and worthy thee!"

Let it now take its stand between the living and dead, and cause this
plague to be stayed. All this it can do; and if the interests of Slavery
did not oppose, all this it would do at once, in reverent regard for
justice, law, and order, driving away all the alarms of war; nor would
it dare to brave the shame and punishment of this great refusal. But the
slave power dares anything; and it can be conquered only by the united
masses of the people. From Congress to the People I appeal. * * *

The contest, which, beginning in Kansas, has reached us, will soon be
transferred from Congress to a broader stage, where every citizen will
be not only spectator, but actor; and to their judgment I confidently
appeal. To the People, now on the eve of exercising the electoral
franchise, in choosing a Chief Magistrate of the Republic, I appeal, to
vindicate the electoral franchise in Kansas. Let the ballot-box of
the Union, with multitudinous might, protect the ballot-box in that
Territory. Let the voters everywhere, while rejoicing in their own
rights, help to guard the equal rights of distant fellow-citizens; that
the shrines of popular institutions, now desecrated, may be sanctified
anew; that the ballot-box, now plundered, may be restored; and that the
cry, "I am an American citizen," may not be sent forth in vain against
outrage of every kind. In just regard for free labor in that Territory,
which it is sought to blast by unwelcome association with slave labor;
in Christian sympathy with the slave, whom it is proposed to task
and sell there; in stern condemnation of the crime which has been
consummated on that beautiful soil; in rescue of fellow-citizens now
subjugated to a Tyrannical Usurpation; in dutiful respect for the early
fathers, whose aspirations are now ignobly thwarted; in the name of the
Constitution, which has been outraged--of the laws trampled down--of
Justice banished--of Humanity degraded--of Peace destroyed--of Freedom
crushed to earth; and, in the name of the Heavenly Father, whose service
is perfect Freedom, I make this last appeal.

May 20, 1856.

MR. DOUGLAS:--I shall not detain the Senate by a detailed reply to the
speech of the Senator from Massachusetts. Indeed, I should not deem it
necessary to say one word, but for the personalities in which he has
indulged, evincing a depth of malignity that issued from every sentence,
making it a matter of self-respect with me to repel the assaults which
have been made.

As to the argument, we have heard it all before. Not a position, not a
fact, not an argument has he used, which has not been employed on the
same side of the chamber, and replied to by me twice. I shall not follow
him, therefore, because it would only be repeating the same answer which
I have twice before given to each of his positions. He seems to get up
a speech as in Yankee land they get up a bedquilt. They take all the old
calico dresses of various colors, that have been in the house from
the days of their grandmothers, and invite the young ladies of the
neighborhood in the afternoon, and the young men to meet them at a dance
in the evening. They cut up these pieces of old dresses and make pretty
figures, and boast of what beautiful ornamental work they have made,
although there was not a new piece of material in the whole quilt. Thus
it is with the speech which we have had re-hashed here to-day, in regard
to matters of fact, matters of law, and matters of argument--every thing
but the personal assaults and the malignity. * * *

His endeavor seems to be an attempt to whistle to keep up his courage
by defiant assaults upon us all. I am in doubt as to what can be his
object. He has not hesitated to charge three fourths of the Senate with
fraud, with swindling, with crime, with infamy, at least one hundred
times over in his speech. Is it his object to provoke some of us to kick
him as we would a dog in the street, that he may get sympathy upon the
just chastisement? What is the object of this denunciation against the
body of which we are members? A hundred times he has called the Nebraska
bill a "swindle," an act of crime, an act of infamy, and each time
went on to illustrate the complicity of each man who voted for it in
perpetrating the crime. He has brought it home as a personal charge to
those who passed the Nebraska bill, that they were guilty of a crime
which deserved the just indignation of heaven, and should make them
infamous among men.

Who are the Senators thus arraigned? He does me the honor to make me the
chief. It was my good luck to have such a position in this body as to
enable me to be the author of a great, wise measure, which the Senate
has approved, and the country will endorse. That measure was sustained
by about three fourths of all the members of the Senate. It was
sustained by a majority of the Democrats and a majority of the Whigs
in this body. It was sustained by a majority of Senators from the
slave-holding States, and a majority of Senators from the free States.
The Senator, by his charge of crime, then, stultifies three fourths
of the whole body, a majority of the North, nearly the whole South, a
majority of Whigs, and a majority of Democrats here. He says they are
infamous. If he so believed, who could suppose that he would ever show
his face among such a body of men? How dare he approach one of those
gentlemen to give him his hand after that act? If he felt the courtesies
between men he would not do it. He would deserve to have himself spit in
the face for doing so. * * *

The attack of the Senator from Massachusetts now is not on me alone.
Even the courteous and the accomplished Senator from South Carolina (Mr.
Butler) could not be passed by in his absence.

MR. MASON:--Advantage was taken of it.

MR. DOUGLAS:--It is suggested that advantage is taken of his absence.
I think that this is a mistake. I think the speech was written and
practised, and the gestures fixed; and, if that part had been stricken
out the Senator would not have known how to repeat the speech. All that
tirade of abuse must be brought down on the head of the venerable, the
courteous, and the distinguished Senator from South Carolina. I shall
not defend that gentleman here. Every Senator who knows him loves him.
The Senator from Massachusetts may take every charge made against him in
his speech, and may verify by his oath, and by the oath of every one
of his confederates, and there is not an honest man in this chamber who
will not repel it as a slander. Your oaths cannot make a Senator feel
that it was not an outrage to assail that honorable gentleman in the
terms in which he has been attacked. He, however, will be here in due
time to speak for himself, and to act for himself too. I know what will
happen. The Senator from Massachusetts will go to him, whisper a secret
apology in his ear, and ask him to accept that as satisfaction for a
public outrage on his character! I know the Senator from Massachusetts
is in the habit of doing those things. I have had some experience of his
skill in that respect. * * *

Why these attacks on individuals by name, and two thirds of the Senate
collectively? Is it the object to drive men here to dissolve social
relations with political opponents? Is it to turn the Senate into a bear
garden, where Senators cannot associate on terms which ought to prevail
between gentlemen? These attacks are heaped upon me by man after man.
When I repel them, it is intimated that I show some feeling on the
subject. Sir, God grant that when I denounce an act of infamy I shall do
it with feeling, and do it under the sudden impulses of feeling, instead
of sitting up at night writing out my denunciation of a man whom I
hate, copying it, having it printed, punctuating the proof-sheets, and
repeating it before the glass, in order to give refinement to insult,
which is only pardonable when it is the outburst of a just indignation.

Mr. President, I shall not occupy the time of the Senate. I dislike to
be forced to repel these attacks upon myself, which seem to be repeated
on every occasion. It appears that gentlemen on the other side of the
chamber think they would not be doing justice to their cause if they did
not make myself a personal object of bitter denunciation and malignity.
I hope that the debate on this bill may be brought to a close at as
early a day as possible. I shall do no more in these side discussions
than vindicate myself and repel unjust attacks, but I shall ask the
Senate to permit me to close the debate, when it shall close, in a calm,
kind summary of the whole question, avoiding personalities.

MR. SUMNER: Mr. President, To the Senator from Illinois, I should
willingly leave the privilege of the common scold--the last word; but I
will not leave to him, in any discussion with me, the last argument, or
the last semblance of it. He has crowned the audacity of this debate by
venturing to rise here and calumniate me. He said that I came here, took
an oath to support the Constitution, and yet determined not to support a
particular clause in that Constitution. To that statement I give, to his
face, the flattest denial. When it was made on a former occasion on this
floor by the absent Senator from South Carolina (Mr. Butler), I then
repelled it. I will read from the debate of the 28th of June, 1854, as
published in the Globe, to show what I said in response to that calumny
when pressed at that hour. Here is what I said to the Senator from South
Carolina:

"This Senator was disturbed, when to his inquiry, personally, pointedly,
and vehemently addressed to me, whether I would join in returning a
fellow-man to slavery? I exclaimed, 'Is thy servant a dog, that he
should do this thing?'"

You will observe that the inquiry of the Senator from South Carolina,
was whether I would join in returning a fellow-man to slavery. It was
not whether I would support any clause of the Constitution of the United
States--far from that. * * *

Sir, this is the Senate of the United States, an important body, under
the Constitution, with great powers. Its members are justly supposed,
from age, to be above the intemperance of youth, and from character to
be above the gusts of vulgarity. They are supposed to have something of
wisdom, and something of that candor which is the handmaid of wisdom.
Let the Senator bear these things in mind, and let him remember
hereafter that the bowie-knife and bludgeon are not the proper emblems
of Senatorial debate. Let him remember that the swagger of Bob Acres and
the ferocity of the Malay cannot add dignity to this body. The
Senator has gone on to infuse into his speech the venom which has been
sweltering for months--ay, for years; and he has alleged facts that
are entirely without foundation, in order to heap upon me some personal
obloquy. I will not go into the details which have flowed out so
naturally from his tongue. I only brand them to his face as false. I
say, also, to that Senator, and I wish him to bear it in mind, that no
person with the upright form of man can be allowed--(Hesitation.)

MR. DOUGLAS:--Say it.

MR. SUMNER:--I will say it--no person with the upright form of man can
be allowed, without violation to all decency, to switch out from his
tongue the perpetual stench of offensive personality. Sir, that is not
a proper weapon of debate, at least, on this floor. The noisome, squat,
and nameless animal, to which I now refer, is not a proper model for an
American Senator. Will the Senator from Illinois take notice?

MR. DOUGLAS:--I will; and therefore will not imitate you, sir.

MR. SUMNER:--I did not hear the Senator.

MR. DOUGLAS:--I said if that be the case I would certainly never imitate
you in that capacity, recognizing the force of the illustration.

MR. SUMNER:--Mr. President, again the Senator has switched his tongue,
and again he fills the Senate with its offensive odor. * * *

MR. DOUGLAS:--I am not going to pursue this subject further. I will only
say that a man who has been branded by me in the Senate, and convicted
by the Senate of falsehood, cannot use language requiring a reply, and
therefore I have nothing more to say.

PRESTON S. BROOKS,

OF SOUTH CAROLINA. (BORN 1819, DIED 1857.)

ON THE SUMNER ASSAULT;

HOUSE OF REPRESENTATIVES, JULY 14, 1856.

MR. SPEAKER:

Some time since a Senator from Massachusetts allowed himself, in an
elaborately prepared speech, to offer a gross insult to my State, and to
a venerable friend, who is my State representative, and who was absent
at the time.

Not content with that, he published to the world, and circulated
extensively, this uncalled-for libel on my State and my blood. Whatever
insults my State insults me. Her history and character have commanded my
pious veneration; and in her defence I hope I shall always be prepared,
humbly and modestly, to perform the duty of a son. I should have
forfeited my own self-respect, and perhaps the good opinion of my
countrymen, if I had failed to resent such an injury by calling the
offender in question to a personal account. It was a personal affair,
and in taking redress into my own hands I meant no disrespect to the
Senate of the United States or to this House. Nor, sir, did I design
insult or disrespect to the State of Massachusetts. I was aware of the
personal responsibilities I incurred, and was willing to meet them. I
knew, too, that I was amenable to the laws of the country, which afford
the same protection to all, whether they be members of Congress or
private citizens. I did not, and do not now believe, that I could be
properly punished, not only in a court of law, but here also, at the
pleasure and discretion of the House. I did not then, and do not now,
believe that the spirit of American freemen would tolerate slander in
high places, and permit a member of Congress to publish and circulate a
libel on another, and then call upon either House to protect him against
the personal responsibilities which he had thus incurred.

But if I had committed a breach of privilege, it was the privilege of
the Senate, and not of this House, which was violated. I was answerable
there, and not here. They had no right, as it seems to me, to
prosecute me in these Halls, nor have you the right in law or under
the Constitution, as I respectfully submit, to take jurisdiction over
offences committed against them. The Constitution does not justify them
in making such a request, nor this House in granting it. If, unhappily,
the day should ever come when sectional or party feeling should run so
high as to control all other considerations of public duty or justice,
how easy it will be to use such precedents for the excuse of arbitrary
power, in either House, to expel members of the minority who may have
rendered themselves obnoxious to the prevailing spirit in the House to
which they belong.

Matters may go smoothly enough when one House asks the other to punish
a member who is offensive to a majority of its own body; but how will it
be when, upon a pretence of insulted dignity, demands are made of
this House to expel a member who happens to run counter to its party
predilections, or other demands which it may not be so agreeable to
grant? It could never have been designed by the Constitution of the
United States to expose the two Houses to such temptations to collision,
or to extend so far the discretionary power which was given to either
House to punish its own members for the violation of its rules and
orders. Discretion has been said to be the law of the tyrant, and when
exercised under the color of the law, and under the influence of party
dictation, it may and will become a terrible and insufferable despotism.

This House, however, it would seem, from the unmistakable tendency of
its proceedings, takes a different view from that which I deliberately
entertain in common with many others.

So far as public interests or constitutional rights are involved, I have
now exhausted my means of defence. I may, then, be allowed to take a
more personal view of the question at issue. The further prosecution of
this subject, in the shape it has now assumed, may not only involve my
friends, but the House itself, in agitations which might be unhappy
in their consequences to the country. If these consequences could be
confined to myself individually, I think I am prepared and ready to meet
them, here or elsewhere; and when I use this language I mean what I say.
But others must not suffer for me. I have felt more on account of my two
friends who have been implicated,than for myself, for they have proven
that "there is a friend that sticketh closer than a brother." I will
not constrain gentlemen to assume a responsibility on my account, which
possibly they would not run on their own.

Sir, I cannot, on any own account, assume the responsibility, in the
face of the American people, of commencing a line of conduct which in my
heart of hearts I believe would result in subverting the foundations of
this Government, and in drenching this Hall in blood. No act of mine,
on my personal account, shall inaugurate revolution; but when you,
Mr. Speaker, return to your own home, and hear the people of the great
North--and they are a great people--speak of me as a bad man, you will
do me the justice to say that a blow struck by me at this time would
be followed by revolution--and this I know. (Applause and hisses in the
gallery.)

Mr. Brooks (resuming):--If I desired to kill the Senator, why did not I
do it? You all admit that I had him in my power. Let me tell the member
from New Jersey that it was expressly to avoid taking life that I used
an ordinary cane, presented to me by a friend in Baltimore, nearly three
months before its application to the "bare head" of the Massachusetts
Senator. I went to work very deliberately, as I am charged--and this
is admitted,--and speculated somewhat as to whether I should employ a
horsewhip or a cowhide; but knowing that the Senator was my superior
in strength, it occurred to me that he might wrest it from my hand, and
then--for I never attempt anything I do not perform--I might have been
compelled to do that which I would have regretted the balance of my
natural life.

The question has been asked in certain newspapers, why I did not invite
the Senator to personal combat in the mode usually adopted. Well, sir,
as I desire the whole truth to be known about the matter, I will for
once notice a newspaper article on the floor of the House, and answer
here.

My answer is, that the Senator would not accept a message; and having
formed the unalterable determination to punish him, I believed that the
offence of "sending a hostile message," superadded to the indictment
for assault and battery, would subject me to legal penalties more severe
than would be imposed for a simple assault and battery. That is my
answer.

Now, Mr. Speaker, I have nearly finished what I intended to say. If
my opponents, who have pursued me with unparalleled bitterness, are
satisfied with the present condition of this affair, I am. I return
my thanks to my friends, and especially to those who are from
nonslave-owning States, who have magnanimously sustained me, and felt
that it was a higher honor to themselves to be just in their judgment
of a gentleman than to be a member of Congress for life. In taking my
leave, I feel that it is proper that I should say that I believe that
some of the votes that have been cast against me have been extorted by
an outside pressure at home, and that their votes do not express the
feelings or opinions of the members who gave them.

To such of these as have given their votes and made their speeches
on the constitutional principles involved, and without indulging in
personal vilification, I owe my respect. But, sir, they have written me
down upon the history of the country as worthy of expulsion, and in no
unkindness I must tell them that for all future time my self-respect
requires that I shall pass them as strangers.

And now, Mr. Speaker, I announce to you and to this House, that I am no
longer a member of the Thirty-Fourth Congress.

(Mr. Brooks then walked out of the House of Representatives.)

JUDAH P. BENJAMIN,

OF LOUISIANA. (BORN 1811, DIED 1864.)

ON THE PROPERTY DOCTRINE, OR THE RIGHT OF PROPERTY IN SLAVES;

SENATE OF THE UNITED STATES, MARCH 11, 1858.

MR. PRESIDENT, the whole subject of slavery, so far as it is involved
in the issue now before the country, is narrowed down at last to a
controversy on the solitary point, whether it be competent for the
Congress of the United States, directly or indirectly, to exclude
slavery from the Territories of the Union. The Supreme Court of the
United States have given a negative answer to this proposition, and
it shall be my first effort to support that negation by argument,
independently of the authority of the decision.

It seems to me that the radical, fundamental error which underlies the
argument in affirmation of this power, is the assumption that slavery
is the creature of the statute law of the several States where it is
established; that it has no existence outside of the limits of those
States; that slaves are not property beyond those limits; and
that property in slaves is neither recognized nor protected by
the Constitution of the United States, nor by international law. I
controvert all these propositions, and shall proceed at once to my
argument.

Mr. President, the thirteen colonies, which on the 4th of July, 1776,
asserted their independence, were British colonies, governed by British
laws. Our ancestors in their emigration to this country brought with
them the common law of England as their birthright. They adopted its
principles for their government so far as it was not incompatible with
the peculiarities of their situation in a rude and unsettled country.
Great Britain then having the sovereignty over the colonies, possessed
undoubted power to regulate their institutions, to control their
commerce, and to give laws to their intercourse, both with the mother
and the other nations of the earth. If I can show, as I hope to be able
to establish to the satisfaction of the Senate, that the nation thus
exercising sovereign power over these thirteen colonies did establish
slavery in them, did maintain and protect the institution, did originate
and carry on the slave trade, did support and foster that trade, that
it forbade the colonies permission either to emancipate or export their
slaves, that it prohibited them from inaugurating any legislation in
diminution or discouragement of the institution--nay, sir, more, if, at
the date of our Revolution I can show that African slavery existed in
England as it did on this continent, if I can show that slaves were sold
upon the slave mart, in the Exchange and other public places of resort
in the city of London as they were on this continent, then I shall not
hazard too much in the assertion that slavery was the common law of the
thirteen States of the Confederacy at the time they burst the bonds that
united them to the mother country.

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