“Mr. President and Fellow Citizens of New York:—The
facts with which I shall deal this evening are mainly old
and familiar; nor is there any thing new in the general use
I shall make of them. If there shall be any novelty, it will
be in the mode of presenting the facts, and the inferences and
observations following that presentation.
“In his speech last autumn, at Columbus, Ohio, as reported
in The New York Times, Senator Douglas said:
“‘Our fathers, when they framed the Government under
which we live, understood this question just as well, and
even better than we do now.’
“I fully indorse this and I adopt it as a text for this discourse.
I so adopt it because it furnishes a precise and
agreed starting point for the discussion between Republicans
and that wing of Democracy headed by Senator Douglas. It
simply leaves the inquiry: ‘What was the understanding
those fathers had of the questions mentioned?’
“What is the frame of Government under which we live?
“The answer must be: ‘The Constitution of the United
States.’ That Constitution consists of the original, framed
in 1787 (and under which the present Government first went
into operation), and twelve subsequently framed amendments,
the first ten of which were framed in 1789.
“Who were our fathers that framed the Constitution? I
suppose the ‘thirty-nine’ who signed the original instrument
may be fairly called our fathers who framed that part of the
present Government. It is almost exactly true to say they
framed it, and it is altogether true to say they fairly represented
the opinion and sentiment of the whole nation at that
time. Their names being familiar to nearly all, and accessible
to quite all, need not now be repeated.
“I take these ‘thirty-nine,’ for the present, as being ‘our
fathers who framed the Government under which we live.’
“What is the question which, according to the text, those
fathers understood just as well, and even better than we do
now?
“It is this: Does the proper division of local from federal
authority, or any thing in the Constitution, forbid our Federal
Government control as to slavery in our Federal Territories?
“Upon this, Douglas holds the affirmative, and Republicans
the negative. This affirmative and denial form an issue; and
this issue—this question—is precisely what the text declares
our fathers understood better than we.
“Let us now inquire whether the ‘thirty-nine,’ or any of
them, ever acted upon this question; and if they did, how
they acted upon it—how they expressed that better understanding.
“In 1784—three years before the Constitution—the
United States then owning the Northwestern Territory, and
no other—the Congress of the Confederation had before them
the question of prohibiting slavery in that Territory; and
four of the ‘thirty-nine’ who afterward framed the Constitution
were in that Congress, and voted on that question. Of
these, Roger Sherman, Thomas Mifflin, and Hugh Williamson
voted for the prohibition—thus showing that, in their
understanding, no line dividing local from federal authority,
nor any thing else, properly forbade the Federal Government
to control as to slavery in federal territory. The other of the
four—James McHenry—voted against the prohibition, showing
that, for some cause, he thought it improper to vote
for it.
“In 1787, still before the Constitution, but while the Convention
was in session framing it, and while the Northwestern
Territory still was the only territory owned by the
United States—the same question of prohibiting slavery in
the territory again came before the Congress of the Confederation;
and three more of the ‘thirty-nine’ who afterward
signed the Constitution, were in that Congress, and voted on
the question. They were William Blount, William Few,
and Abraham Baldwin; and they all voted for the prohibition—thus
showing that, in their understanding, no line dividing
local from federal authority, nor any thing else, properly forbids
the Federal Government to control as to slavery in
federal territory. This time the prohibition became a law,
being part of what is now well known as the Ordinance
of ’87.
“The question of federal control of slavery in the territories,
seems not to have been directly before the Convention which
framed the original Constitution; and hence it is not recorded
that the ‘thirty-nine’ or any of them, while engaged on that
instrument, expressed any opinion on that precise question.
“In 1789, by the First congress which sat under the Constitution,
an act was passed to enforce the Ordinance of ’87
including the prohibition of slavery in the Northwestern
Territory. The bill for this act was reported by one of the
‘thirty-nine,’ Thomas Fitzsimmons, then a member of the
House of Representatives from Pennsylvania. It went
through all its stages without a word of opposition, and
finally passed both branches without yeas and nays, which is
equivalent to an unanimous passage. In this Congress there
were sixteen of the ‘thirty-nine’ fathers who framed the original
Constitution. They were John Langdon, Nicholas Gilman,
Wm. S. Johnson, Roger Sherman, Robert Morris,
Thos. Fitzsimmons, William Few, Abraham Baldwin, Rufus
King, William Patterson, George Clymer, Richard Bassett,
George Read, Pierce Butler, Daniel Carrol, James Madison.
“This shows that, in their understanding, no line dividing
local from federal authority, nor any thing in the Constitution,
properly forbade Congress to prohibit slavery in the federal
territory; else both their fidelity to correct principle, and their
oath to support the Constitution, would have constrained
them to oppose the prohibition.
“Again, George Washington, another of the ‘thirty-nine,’
was then President of the United States, and, as such, approved
and signed the bill, thus completing its validity as a
law, and thus showing that, in his understanding, no line
dividing local from federal authority, nor any thing in the
Constitution, forbade the Federal Government to control as
to slavery in Federal territory.
“No great while after the adoption of the original Constitution,
North Carolina ceded to the Federal Government the
country now constituting the State of Tennessee; and a few
years later Georgia ceded that which now constitutes the
States of Mississippi and Alabama. In both deeds of cession
it was made a condition by the ceding States that the Federal
Government should not prohibit slavery in the ceded country.
Besides this, slavery was then actually in the ceded country.
Under these circumstances, Congress, on taking charge of
these countries did not absolutely prohibit slavery within
them. But they did interfere with it—take control of it—even
there, to a certain extent. In 1798, Congress organized
the Territory of Mississippi. In the act of organization they
prohibited the bringing of slaves into the Territory, from any
place without the United States, by fine and giving freedom
to slaves so brought. This act passed both branches of
Congress without yeas and nays. In that Congress were
three of the ‘thirty-nine’ who framed the original Constitution.
They were John Langdon, George Read, and Abraham
Baldwin. They all, probably, voted for it. Certainly they
would have placed their opposition to it upon record, if, in
their understanding, any line dividing local from Federal
authority, or any thing in the Constitution, properly forbade
the Federal Government to control as to slavery in Federal
territory.
“In 1803, the Federal Government purchased the Louisiana
country. Our former territorial acquisitions came from
certain of our own States; but this Louisiana country was
acquired from a foreign nation. In 1804, Congress gave a
territorial organization to that part of it which now constitutes
the State of Louisiana. New Orleans, lying within
that part, was an old and comparatively large city. There
were other considerable towns and settlements, and slavery
was extensively and thoroughly intermingled with the people.
Congress did not, in the Territorial Act, prohibit slavery;
but they did interfere with it—take control of it—in a more
marked and extensive way than they did in the case of Mississippi.
The substance of the provision therein made, in
relation to slaves, was:
“First. That no slave should be imported into the territory
from foreign parts.
“Second. That no slave should be carried into it who had
been imported into the United States since the first day of
May, 1798.
“Third. That no slave should be carried into it, except by
the owner, and for his own use as a settler; the penalty in all
the cases being a fine upon the violator of the law, and freedom
to the slave.
“This act also was passed without yeas and nays. In the
Congress which passed it, there were two of the ‘thirty-nine.’
They were Abraham Baldwin and Jonathan Dayton. As
stated in the case of Mississippi, it is probable they both
voted for it. They would not have allowed it to pass without
recording their opposition to it, if, in their understanding, it
violated either the line proper dividing local from Federal
authority or any provision of the Constitution.
“In 1819–20, came and passed the Missouri question.
Many votes were taken, by yeas and nays, in both branches
of Congress, upon the various phases of the general question.
Two of the ‘thirty-nine’—Rufus King and Charles Pinckney—were
members of that Congress. Mr. King steadily voted for
slavery prohibition and against all compromises, while Mr.
Pinckney as steadily voted against slavery prohibition and
against all compromises. By this Mr. King showed that, in
his understanding, no line dividing local from Federal authority,
nor any thing in the Constitution, was violated by
Congress prohibiting slavery in Federal territory; while Mr.
Pinckney, by his votes, showed that in his understanding
there was some sufficient reason for opposing such prohibition
in that case.
“The cases I have mentioned are the only acts of the
‘thirty-nine,’ or of any of them, upon the direct issue, which
I have been able to discover.
“To enumerate the persons who thus acted, as being four
in 1784, three in 1787, seventeen in 1789, three in 1798, two
in 1804, and two in 1819–20—there would be thirty-one of
them. But this would be counting John Langdon, Roger
Sherman, William Few, Rufus King, and George Read, each
twice, and Abraham Baldwin four times. The true number
of those of the ‘thirty-nine’ whom I have shown to have
acted upon the question, which, by the text they understood
better than we, is twenty-three, leaving sixteen not shown to
have acted upon it in any way.
“Here, then, we have twenty-three out of our ‘thirty-nine’
fathers who framed the government under which we live,
who have, upon their official responsibility and their corporal
oaths, acted upon the very question which the text affirms
they ‘understood just as well, and even better than we do
now;’ and twenty-one of them—a clear majority of the
‘thirty-nine’—so acting upon it as to make them guilty of
gross political impropriety, and wilful perjury, if, in their
understanding, any proper division between local and Federal
authority, or any thing in the Constitution they had made
themselves, and sworn to support, forbade the Federal
Government to control as to slavery in the Federal territories.
Thus the twenty-one acted; and, as actions speak louder
than words, so actions under such responsibility speak still
louder.
“Two of the twenty-three voted against Congressional
prohibition of slavery in the Federal Territories, in the
instances in which they acted upon the question. But for
what reasons they so voted is not known. They may have
done so because they thought a proper division of local
from Federal authority, or some provision or principle of the
Constitution, stood in the way; or they may, without any
such question, have voted against the prohibition, on what
appeared to them to be sufficient grounds of expediency. No
one who has sworn to support the Constitution, can conscientiously
vote for what he understands to be an unconstitutional
measure, however expedient he may think it; but
one may and ought to vote against a measure which he
deems constitutional, if, at the same time, he deems it inexpedient.
It, therefore, would be unsafe to set down even the
two who voted against the prohibition, as having done so
because, in their understanding, any proper division of local
from Federal authority, or any thing in the Constitution,
forbade the Federal Government to control as to slavery in
Federal Territory.
“The remaining sixteen of the ‘thirty-nine,’ so far as I
have discovered, have left no record of their understanding
upon the direct question of Federal control of slavery in the
Federal Territories. But there is much reason to believe
that their understanding upon that question would not have
appeared different from that of their twenty-three compeers,
had it been manifested at all.
“For the purpose of adhering rigidly to the text, I have
purposely omitted whatever understanding may have been
manifested, by any person, however distinguished, other than
the ‘thirty-nine’ fathers who framed the original Constitution;
and, for the same reason, I have also omitted whatever
understanding may have been manifested by any of the
‘thirty-nine’ even, on any other phase of the general question
of slavery. If we should look into their acts and declarations
on those other phases, as the foreign slave-trade, and
the morality and policy of slavery generally, it would appear
to us that on the direct question of Federal control of slavery
in Federal Territories, the sixteen, if they had acted at all,
would probably have acted just as the twenty-three did.
Among that sixteen were several of the most noted anti-slavery
men of those times—as Dr. Franklin, Alexander
Hamilton, and Governeur Morris—while there was not one
now known to have been otherwise, unless it may be John
Rutledge, of South Carolina.
“The sum of the whole is, that of our ‘thirty-nine’ fathers
who framed the original Constitution, twenty-one—a clear
majority of the whole—certainly understood that no proper
division of local from Federal authority nor any part of the
Constitution, forbade the Federal Government to control
slavery in the Federal Territories, while all the rest probably
had the same understanding. Such, unquestionably, was the
understanding of our fathers who framed the original Constitution;
and the text affirms that they understood the question
better than we.
“But, so far, I have been considering the understanding of
the question manifested by the framers of the original Constitution.
In and by the original instrument, a mode was
provided for amending it; and, as I have already stated, the
present frame of government under which we live consists
of that original, and twelve amendatory articles framed and
adopted since. Those who now insist that Federal control
of slavery in Federal territories violates the Constitution,
point us to the provisions which they suppose it thus violates;
and, as I understand, they all fix upon provisions in these
amendatory articles, and not in the original instrument. The
Supreme Court in the Dred Scott case, plant themselves
upon the fifth amendment, which provides that ‘no person
shall be deprived of property without due process of law;’
while Senator Douglas and his peculiar adherents plant
themselves upon the tenth commandment, providing that
‘the powers not granted by the Constitution are reserved to
the States respectively, and to the people.’
“Now, it so happens that these amendments were framed
by the first Congress which sat under the Constitution—the
identical Congress which passed the act already mentioned,
enforcing the prohibition of slavery in the north-western
territory. Not only was it the same Congress, but they
were the identical, same individual men who, at the same
time within the session, had under consideration, and in progress
toward maturity, these Constitutional amendments, and
this act prohibiting slavery in all the territory the nation
then owned. The Constitutional amendments were introduced
before, and passed after the act enforcing the Ordinance
of ’87; so that during the whole pendency of the act
to enforce the Ordinance, the Constitutional amendments
were also pending.
“That Congress, consisting in all of seventy-six members,
including sixteen of the framers of the original Constitution,
as before stated, were pre-eminently our fathers who framed
that part of the government under which we live, which is
now claimed as forbidding the Federal Government to control
slavery in the Federal Territories.
“Is it not a little presumptuous in any one at this day, to
affirm that the two things which that Congress deliberately
framed, and carried to maturity at the same time, are absolutely
inconsistent with each other? And does not such
affirmation become impudently absurd when coupled with the
other affirmation, from the same mouth, that those who did
the two things alleged to be inconsistent, understood whether
they were really inconsistent, better than we—better than he
who affirms that they are inconsistent.
“It is surely safe to assume that the ‘thirty-nine’ framers
of the original Constitution, and the seventy-six members of
the Congress which framed the amendments thereto, taken
together, do certainly include those who may be fairly called
‘our fathers who framed the government under which we
live.’ And so assuming, I defy any man to show that any
one of them ever, in his whole life, declared that, in his understanding,
any proper division of local from Federal authority,
or any part of the Constitution, forbade the Federal government
to control as to slavery in the Federal territories. I go
a step further. I defy any one to show that any living man
in the whole world ever did, prior to the beginning of the
present century (and I might almost say prior to the beginning
of the last half of the present century), declare that, in
his understanding, any proper division of local from Federal
authority, or any part of the Constitution, forbade the Federal
government to control as to slavery in the Federal territories.
To those who now so declare, I give, not only ‘our fathers
who framed the government under which we live,’ but with
them all other living men within the century in which it was
framed, among whom to search, and they shall not be able to
find the evidence of a single man agreeing with them.
“Now, and here, let me guard a little against being misunderstood.
I do not mean to say we are bound to follow
implicitly in whatever our fathers did. To do so would
be to discard all the lights of current experience—we reject
all progress—all improvement. What I do say is, that if we
would supplant the opinions and policy of our fathers in any
case, we should do so upon evidence so conclusive, and argument
so clear, that even their great authority, fairly considered
and weighed, cannot stand; and most surely not in a case
whereof we ourselves declare they understood the question
better than we.
“If any man, at this day, sincerely believes that a proper
division of local from Federal authority, or any part of the
Constitution, forbids the Federal government to control as to
slavery in the Federal territories, he is right to say so, and to
enforce his position by all truthful evidence and fair argument
which he can. But he has no right to mislead others, who
have less access to history and less leisure to study it, into the
false belief that ‘our fathers, who framed the government
under which we live,’ were of the same opinion, thus substituting
falsehood and deception for truthful evidence and
fair argument. If any man, at this day, sincerely believes
‘our fathers, who framed the government under which we
live,’ used and applied principles, in other cases, which ought
to have led them to understand that a proper division of local
from Federal authority, or some part of the Constitution, forbids
the Federal government to control as to slavery in the
Federal territories, he is right to say so. But he should, at
the same time, brave the responsibility of declaring that, in
his opinion, he understands their principles better than they
did themselves; and especially should he not shirk that responsibility
by asserting that they ‘understood the question
just as well, and even better than we do now.’
“But enough. Let all who believe that ‘our fathers, who
framed the government under which we live,’ understood this
question just as well, and even better than we do now,’ speak
as they spoke, and act as they acted upon it. This is all
Republicans ask, all Republicans desire, in relation to
slavery. As those fathers marked it, so let it be again marked,
as an evil not to be extended, but to be tolerated and protected
only because of and so far as its actual presence among
us makes that toleration and protection a necessity. Let all
the guaranties those fathers gave it, be, not grudgingly, but
fully and fairly maintained. For this Republicans contend,
and with this, so far as I know or believe, they will be content.
“And now, if they would listen—as I suppose they will
not—I would address a few words to the Southern people.
“I would say to them: You consider yourselves a reasonable
and a just people; and I consider that, in the general
qualities of reason and justice, you are not inferior to any
other people. Still, when you speak of us Republicans, you
do so only to denounce us as reptiles, or, at the best, as no
better than outlaws. You will grant a hearing to pirates or
murderers, but nothing like it to ‘Black Republicans.’ In all
your contentions with one another, each of you deems an unconditional
condemnation of ‘Black Republicanism’ as the
first thing to be attended to. Indeed, such condemnation of
us seems to be an indispensable prerequisite—license, so to
speak—among you to be admitted or permitted to speak at
all.
“Now can you, or not, be prevailed upon to pause and to
consider whether this is quite just to us, or even to yourselves?
“Bring forward your charges and specifications, and then
be patient long enough to hear us deny or justify.
“You say we are sectional. We deny it. That makes an
issue; and the burden of proof is upon you. You produce
your proof; and what is it? Why, that our party has no
existence in your section—gets no votes in your section.
The fact is substantially true; but does it prove the issue?
If it does, then, in case we should, without change of principle,
begin to get votes in your section, we should thereby
cease to be sectional. You cannot escape this conclusion;
and yet, are you willing to abide by it? If you are, you will
probably soon find that we have ceased to be sectional, for we
shall get votes in your section this very year. You will then
begin to discover, as the truth plainly is, that your proof
does not touch the issue. The fact that we get no votes in
your section is a fact of your making, and not of ours. And
if there be fault in that fact, that fault is primarily yours, and
remains so until you show that we repel you by some wrong
principle or practice. If we do repel you by any wrong
principle or practice, the fault is ours; but this brings us to
where you ought to have started—to a discussion of the right
or wrong of our principle. If our principle, put in practice,
would wrong your section for the benefit of ours, or for any
other object, then our principle, and we with it, are sectional,
and are justly opposed and denounced as such. Meet us,
then, on the question of whether our principle, put in practice,
would wrong your section; and so meet it as if it were possible
that something may be said on our side. Do you accept
the challenge? No? Then you really believe that the
principle which our fathers, who framed the government under
which we live, thought so clearly right as to adopt it, and
indorse it again and again upon their official oaths, is, in fact,
so clearly wrong as to demand your condemnation without a
moment’s consideration.
“Some of you delight to flaunt in our faces the warning
against sectional parties given by Washington in his Farewell
Address. Less than eight years before Washington gave that
warning, he had, as President of the United States, approved
and signed an act of Congress enforcing the prohibition of
slavery in the Northwestern Territory, which act embodied
the policy of the government upon that subject, up to and at
the very moment he penned that warning; and about one
year after he penned it he wrote Lafayette that he considered
that prohibition a wise measure, expressing, in the same connection,
his hope that we should some time have a confederacy
of free States.
“Bearing this in mind, and seeing that sectionalism has
since arisen upon this same subject, is that warning a weapon
in your hands against us, or in our hands against you?
Could Washington himself speak, would he cast the blame of
that sectionalism upon us, who sustain his policy, or upon
you, who repudiate it? We respect that warning of Washington,
and we commend it to you, together with his example
pointing to the right application of it.
“But you say you are conservative—eminently conservative—while
we are revolutionary, destructive, or something
of the sort. What is conservatism? Is it not adherence to
the old and tried against the new and untried? We stick to,
contend for, the identical old policy on the point in controversy
which was adopted by our fathers who framed the
government under which we live; while you, with one
accord, reject, and scout, and spit upon that old policy, and
insist upon substituting something new. True, you disagree
among yourselves as to what that substitute shall be. You
have considerable variety of new propositions and plans, but
you are unanimous in rejecting and denouncing the old policy
of the fathers. Some of you are for reviving the foreign
slave-trade; some for a Congressional Slave-Code for the
Territories; some for Congress forbidding the Territories to
prohibit slavery within their limits; some for maintaining
slavery in the Territories through the Judiciary; some for
the ‘gur-reat pur-rinciple’ that, ‘if one man would enslave
another, no third man should object,’ fantastically called
‘Popular Sovereignty;’ but never a man among you in favor
of Federal prohibition of slavery in Federal Territories,
according to the practice of our fathers who framed the
government under which we live. Not one of all your various
plans can show a precedent or an advocate in the century
within which our government originated. Consider, then,
whether your claim of conservatism for yourselves, and your
charge of destructiveness against us, are based on the most
clear and stable foundations.
“Again, you say we have made the slavery question more
prominent than it formerly was. We deny it. We admit
that it is more prominent, but we deny that we made it so.
It was not we, but you, who discarded the old policy of the
fathers. We resisted, and still resist, your innovation; and
thence comes the greater prominence of the question. Would
you have that question reduced to its former proportions?
Go back to that old policy. What has been will be again,
under the same conditions. If you would have the peace of
the old times, re-adopt the precepts and policy of the old
times.
“You charge that we stir up insurrections among your
slaves. We deny it. And what is your proof? Harper’s
Ferry! John Brown! John Brown was no Republican;
and you have failed to implicate a single Republican in his
Harper’s Ferry enterprise. If any member of our party is
guilty in that matter, you know it, or you do not know it.
If you do know it, you are inexcusable to not designate the
man, and prove the fact. If you do not know it, you are
inexcusable to assert it, and especially to persist in the assertion
after you have tried and failed to make the proof. You
need not be told that persisting in a charge which one does
not know to be true is simply malicious slander.
“Some of you admit that no Republican designedly aided
or encouraged the Harper’s Ferry affair; but still insist that
our doctrines and declarations necessarily lead to such results.
We do not believe it. We know we hold to no doctrine, and
make no declarations which were not held to and made by
our fathers who framed the government under which we live.
You never deal fairly by us in relation to this affair. When
it occurred, some important State elections were near at
hand, and you were in evident glee with the belief that, by
charging the blame upon us, you could get an advantage of
us in those elections. The elections came, and your expectations
were not quite fulfilled. Every Republican man knew
that, as to himself, at least, your charge was a slander, and
he was not much inclined by it to cast his vote in your favor.
Republican doctrines and declarations are accompanied with
a continual protest against any interference whatever with
your slaves, or with you about your slaves. Surely, this
does not encourage them to revolt. True, we do, in common
with our fathers, who framed the government under which
we live, declare our belief that slavery is wrong; but the
slaves do not hear us declare even this. For any thing we
say or do, the slaves would scarcely know there is a Republican
party. I believe they would not, in fact, generally know
it but for your misrepresentations of us in their hearing. In
your political contest among yourselves, each faction charges
the other with sympathy with Black Republicanism; and
then, to give point to the charge, defines Black Republicanism
to simply be insurrection, blood and thunder among the
slaves.
“Slave insurrections are no more common now than they
were before the Republican party was organized. What induced
the Southampton insurrection, twenty-eight years ago,
in which, at least, three times as many lives were lost as at
Harper’s Ferry? You can scarcely stretch your very elastic
fancy to the conclusion that Southampton was got up by
Black Republicanism. In the present state of things in the
United States, I do not think a general, or even a very extensive
slave insurrection, is possible. The indispensable concert
of action cannot be attained. The slaves have no means
of rapid communication; nor can incendiary free men, black
or white, supply it. The explosive materials are everywhere
in parcels; but there neither are, nor can be supplied, the
indispensable connecting trains.
“Much is said by southern people about the affection of
slaves for their masters and mistresses; and a part of it, at
least, is true. A plot for an uprising could scarcely be devised
and communicated to twenty individuals before some
one of them, to save the life of a favorite master or mistress,
would divulge it. This is the rule; and the slave revolution
in Hayti was not an exception to it, but a case occurring
under peculiar circumstances. The gunpowder plot of British
history, though not connected with the slaves, was more in
point. In that case, only about twenty were admitted to the
secret; and yet one of them, in his anxiety to save a friend,
betrayed the plot to that friend, and, by consequence, averted
the calamity. Occasional poisoning from the kitchen, and
open or stealthy assassinations in the field, and local revolts
extending to a score or so, will continue to occur as the natural
results of slavery; but no general insurrection of slaves,
as I think, can happen in this country for a long time. Whoever
much fears, or much hopes, for such an event, will be
alike disappointed.
“In the language of Mr. Jefferson, uttered many years ago,
‘It is still in our power to direct the process of emancipation,
and deportation, peaceably, and in such slow degrees, as that
the evil will wear off insensibly; and their places be, pari
passu, filled up by free white laborers. If, on the contrary,
it is left to force itself on, human nature must shudder at the
prospect held up.’
“Mr. Jefferson did not mean to say, nor do I, that the
power of emancipation is in the Federal Government. He
spoke of Virginia; and, as to the power of emancipation, I
speak of the slaveholding States only.
“The Federal Government, however, as we insist, has the
power of restraining the extension of the institution—the power
to insure that a slave insurrection shall never occur on any
American soil which is now free from slavery.
“John Brown’s effort was peculiar. It was not a slave
insurrection. It was an attempt by white men to get up a
revolt among slaves, in which the slaves refused to participate.
In fact, it was so absurd that the slaves, with all their
ignorance, saw plainly enough it could not succeed. That
affair, in its philosophy, corresponds with the many attempts,
related in history, at the assassination of kings and emperors.
An enthusiast broods over the oppression of a people till he
fancies himself commissioned by Heaven to liberate them.
He ventures the attempt, which ends in little else than in his
own execution. Orsini’s attempt on Louis Napoleon, and
John Brown’s attempt at Harper’s Ferry were, in their philosophy,
precisely the same. The eagerness to cast blame
on old England in the one case, and on New England in the
other, does not disprove the sameness of the two things.
“And how much would it avail you, if you could, by the
use of John Brown, Helper’s book, and the like, break up the
Republican organization? Human action can be modified to
some extent, but human nature cannot be changed. There
is a judgment and a feeling against slavery in this nation,
which cast at least a million and a half of votes. You cannot
destroy that judgment and feeling—that sentiment—by
breaking up the political organization which rallies around
it. You can scarcely scatter and disperse an army which
has been formed into order in the face of your heaviest fire;
but if you could, how much would you gain by forcing the
sentiment which created it out of the peaceful channel of the
ballot-box, into some other channel? What would that other
channel probably be? Would the number of John Browns
be lessened or enlarged by the operation?
“But you will break up the Union rather than submit to a
denial of your Constitutional rights.
“That has a somewhat reckless sound; but it would be
palliated, if not fully justified, were we proposing by the mere
force of numbers, to deprive you of some right plainly written
down in the Constitution. But we are proposing no such thing.
“When you make these declarations, you have a specific
and well-understood allusion to an assumed Constitutional
right of yours, to take slaves into the federal territories, and
hold them there as property, but no such right is specifically
written in the Constitution. That instrument is literally silent
about any such right. We, on the contrary, deny that such
a right has any existence in the Constitution, even by implication.
“Your purpose, then, plainly stated, is, that you will
destroy the Government, unless you be allowed to construe
and enforce the Constitution as you please, on all points in
dispute between you and us. You will rule or ruin in all
events.
“This, plainly stated, is your language to us. Perhaps
you will say the Supreme Court has decided the disputed
Constitutional question in your favor. Not quite so. But
waiving the lawyer’s distinction between dictum and decision,
the Courts have decided the question for you in a sort of
way. The Courts have substantially said, it is your Constitutional
right to take slaves into the Federal Territories, and
to hold them there as property.
“When I say the decision was made in a sort of way, I
mean it was made in a divided Court by a bare majority of
the Judges, and they not quite agreeing with one another in
the reasons for making it; that it is so made as that its
avowed supporters disagree with one another about its meaning,
and that it was mainly based upon a mistaken statement
of fact—the statement in the opinion that ‘the right of
property in a slave is distinctly and expressly affirmed in the
Constitution.’
“An inspection of the Constitution will show that the right
of property in a slave is not distinctly and expressly affirmed
in it. Bear in mind the Judges do not pledge their judicial
opinion that such right is impliedly affirmed in the Constitution;
but they pledge their veracity that it is distinctly and
expressly affirmed there—‘distinctly’ that is, not mingled
with anything else—‘expressly’ that is, in words meaning
just that, without the aid of any inference, and susceptible of
no other meaning.
“If they had only pledged their judicial opinion that such
right is affirmed in the instrument by implication, it would
be open to others to show that neither the word ‘slave’ nor
‘slavery’ is to be found in the Constitution, nor the word
‘property’ even, in any connection with language alluding to
the things slave, or slavery, and that wherever in that instrument
the slave is alluded to, he is called a ‘person;’ and
wherever his master’s legal right in relation to him is alluded
to, it is spoken of as ‘service or labor due,’ as a ‘debt’ payable
in service or labor. Also, it would be open to show, by
contemporaneous history, that this mode of alluding to slaves
and slavery, instead of speaking of them, was employed on
purpose to exclude from the Constitution the idea that there
could be property in man.
“To show all this is easy and certain.
“When this obvious mistake of the Judges shall be brought
to their notice, is it not reasonable to expect that they will
withdraw the mistaken statement, and reconsider the conclusion
based upon it?
“And then it is to be remembered that ‘our fathers, who
framed the Government under which we live’—the men who
made the Constitution—decided this same Constitutional
question in our favor, long ago—decided it without a division
among themselves, when making the decision; without division
among themselves about the meaning of it after it was
made, and so far as any evidence is left, without basing it
upon any mistaken statement of facts.
“Under all these circumstances, do you really feel yourselves
justified to break up this Government, unless such a
court decision as yours is shall be at once submitted to, as a
conclusive and final rule of political action.
“But you will not abide the election of a Republican President.
In that supposed event, you say, you will destroy the
Union; and then, you say, the great crime of having destroyed
it will be upon us!
“That is cool. A highwayman holds a pistol to my ear,
and mutters through his teeth, ‘stand and deliver, or I shall
kill you, and then you will be a murderer!’
“To be sure, what the robber demanded of me—my money—was
my own; and I had a clear right to keep it; but it
was no more my own than my vote is my own; and threat
of death to me, to extort my money, and threat of destruction
to the Union, to extort my vote, can scarcely be distinguished
in principle.
“A few words now to Republicans. It is exceedingly
desirable that all parts of this great Confederacy shall be at
peace, and in harmony, one with another. Let us Republicans
do our part to have it so. Even though much provoked,
let us do nothing through passion and ill-temper. Even
though the southern people will not so much as listen
to us, let us calmly consider their demands, and yield to them
if, in our deliberate view of our duty, we possibly can.
Judging by all they say and do, and by the subject and
nature of their controversy with us, let us determine, if we
can, what will satisfy them?
“Will they be satisfied if the Territories be unconditionally
surrendered to them? We know they will not. In all their
present complaints against us, the Territories are scarcely
mentioned. Invasions and insurrections are the rage now.
Will it satisfy them if, in the future, we have nothing to do
with invasions and insurrections? We know it will not.
We so know because we know we never had any thing to do
with invasions and insurrections; and yet this total abstaining
does not exempt us from the charge and the denunciation.
“The question recurs, what will satisfy them? Simply
this: We must not only let them alone, but we must, somehow,
convince them that we do let them alone. This we
know by experience, is no easy task. We have been so trying
to convince them from the very beginning of our organization,
but with no success. In all our platforms and speeches we
have constantly protested our purpose to let them alone; but
this has had no tendency to convince them. Alike unavailing
to convince them is the fact that they have never detected a
man of us in any attempt to disturb them.
“These natural, and apparently adequate means all failing,
what will convince them? This, and this only: cease to call
slavery wrong, and join them in calling it right. And this
must be done thoroughly—done in acts as well as in words.
Silence will not be tolerated—we must place ourselves
avowedly with them. Douglas’s new sedition law must be
enacted and enforced, suppressing all declarations that
slavery is wrong, whether made in politics, in presses, in
pulpits, or in private. We must arrest and return their fugitive
slaves with greedy pleasure. We must pull down our
Free-State Constitutions. The whole atmosphere must be
disinfected from all taint of opposition to slavery, before they
will cease to believe that all their troubles proceed from us.
“I am quite aware they do not state their case precisely
in this way. Most of them would probably say to us, ‘Let
us alone, do nothing to us, and say what you please about
slavery.’ But we do let them alone—have never disturbed
them—so that, after all, it is what we say which dissatisfies
them. They will continue to accuse us of doing, until we
cease saying.
“I am also aware they have not, as yet, in terms, demanded
the overthrow of our Free-State Constitutions. Yet
those Constitutions declare the wrong of slavery, with more
solemn emphasis than do all other sayings against it; and
when all these other sayings shall have been silenced, the
overthrow of these Constitutions will be demanded, and
nothing be left to resist the demand. It is nothing to the
contrary, that they do not demand the whole of this just now.
Demanding what they do, and for the reason they do, they
can voluntarily stop nowhere short of this consummation.
Holding, as they do, that slavery is morally right, and socially
elevating, they cannot cease to demand a full national recognition
of it, as a legal right and a social blessing.
“Nor can we justifiably withhold this, on any ground save
our conviction that slavery is wrong. If slavery is right, all
words, acts, laws, and constitutions against it, are themselves
wrong, and should be silenced and swept away. If it is
right, we cannot justly object to its nationality—its universality;
if it is wrong, they cannot justly insist upon its
extension—its enlargement. All they ask, we could readily
grant, if we thought slavery right; all we ask, they could
as readily grant, if they thought it wrong. Their thinking
it right, and our thinking it wrong, is the precise fact upon
which depends the whole controversy. Thinking it right, as
they do, they are not to blame for desiring its full recognition,
as being right; but, thinking it wrong, as we do, can we
yield to them? Can we cast our votes with their view, and
against our own? In view of our moral, social, and political
responsibilities, can we do this?
“Wrong as we think slavery is, we can yet afford to let it
alone where it is, because that much is due to the necessity
arising from its actual presence in the nation; but can we,
while our votes will prevent it, allow it to spread into the
National Territories, and to overrun us here in these Free
States?
“If our sense of duty forbids this, then let us stand by our
duty, fearlessly and effectively. Let us be diverted by none
of those sophistical contrivances wherewith we are so industriously
plied and belabored—contrivances such as groping
for some middle ground between the right and the wrong,
vain as the search for a man who should be neither a living
man nor a dead man—such as a policy of ‘dont care’ on a
question about which all true men do care—such as Union
appeals beseeching true Union men to yield to Disunionists,
reversing the Divine rule, and calling, not the sinners, but
the righteous to repentance—such as invocations to Washington,
imploring men to unsay what Washington said, and undo
what Washington did.
“Neither let us be slandered from our duty by false accusations
against us, not frightened from it by menaces of
destruction to the Government, nor of dungeons to ourselves.
Let us have faith that right makes might, and in that faith,
let us, to the end, dare to do our duty as we understand it.”