Mississippians: Again it is my privilege and good fortune to be among you, to
stand before those whom I have loved, for whom I have labored, by whom I have
been trusted and honored, and here to answer for myself. Time and disease have
frosted my hair, impaired my physical energies, and furrowed my brow, but my
heart remains unchanged, and its every pulsation is as quick, as strong, and as
true to your interests, your honor, and fair fame, as in the period of my
earlier years.
It is known to many of you, that at the close of the last session of Congress,
wasted by protracted, violent disease, I went, in accordance with medical
advice, to the Northeastern coast of the United States. Against the opinion of
my physician, I had remained at Washington until my public duties were closed,
and then adopted the only course which it was believed gave reasonable hope for
a final restoration to health—that is, sought a region where I should be
exempt from the heat of summer, and from political excitement.
In one respect at least, this accorded with my own feelings, for physically and
mentally depressed, fearful that I should never again be able to perform my
part in the trials to which Mississippi might be subjected, I turned away from
my fellows with such feelings as the wounded elk leaves his herd, and seeks the
covert, to die alone. Misrepresentation and calumny followed me even to the
brink of the grave, and with hyena instinct would have pursued me beyond it.
The political positions which I had always occupied, justified the expectation
that in New England I should be left in loneliness. In this I was disappointed;
courtesy and kindness met me on my first landing, and attended me to the time
of my departure. The manifestations of comity and hospitality, given by the
generous and the noble, aroused the petty hostility of the more extreme of the
Black Republicans, and their newspapers assailed me with the low abuse which
for years I had been accustomed to receive at their hands. I had always
despised their malice and defied their enmity; their assaults did not surprise
me, but when I found them echoed in Southern papers, it did astonish, I will
confess, it did pain me, not for any injury apprehended to myself, but for its
evil effect upon the cause with which I was identified.
Was it expected that to public and private manifestations of kindness by the
people of Maine, I should return denunciation and repel their generous
approaches with epithets of abuse? If they had deserved such reproach, they
could not merit it at my hands. A guest hospitably attended, it would have been
inconsistent with the character of a gentleman, to have done less than
acknowledge their kindness, and it was not in my nature to feel otherwise than
grateful to them for the many manifestations of a desire to render pleasant and
beneficial the sojourn of an invalid among them. But they did not deserve it,
and I am happy to state as the result of my acquaintance with them, that we
have a large body of true friends among them, men who maintain our
constitutional rights as explicitly and as broadly as we assert them, and who
have performed this service with the foreknowledge that they were thereby to
sacrifice their political prospects, at least, until through years of patient
exertion they should correct error, suppress fanaticism, and build for
themselves a structure on the basis of truth, which had long been unwelcome and
might not soon be understood.
But there were other evidences of regard more valuable to me than exhibitions
of personal kindness. Regard for the people of Mississippi, founded on a
special attention to their history; the gallant services of your sons in the
field, were publicly claimed as property which Mississippi could not
appropriate to herself; but which were part of the common wealth of the nation,
and belonged equally to the people of Maine. Could I be insensible to such
recognition of the honorable fame of Mississippi? No, the memory of the gallant
dead, who died at Monterey and Buena Vista, forbade it.
At a subsequent period, when in Massachusetts, one of her distinguished sons,
(Gen. Cushing,) paid a compliment to the feat performed by the Mississippi
Regiment in checking the enemies cavalry on the field of Buena Vista one Black
Republican newspaper denied the originality of the movement, and claimed it to
have been previously performed by an English regiment at Quatre Bras. This
claim was unfounded; the service performed by the British Regiment having been
of a totally different character and for a different purpose.—A Southern
paper, however, has gone one step beyond that of the Massachusetts paper, and
denies the merit claimed for the service rendered by saying that it was the
result of accident, growing out of the peculiar conformation of the ground on
which the regiment rallied and that it was necessary for the safety of the
regiment, being like the act of a man who leaps from a burning ship and takes
the chance of drowning.
If this only affected myself, I should leave it, like other misrepresentations,
unnoticed, but it concerns the hard earned reputation of the regiment I
commanded. It affects the fame of Mississippi, and propagates an error which
may pollute the current of history.
We live in an age of progress, and it requires a progressive age to produce a
military critic who should discover that a soldier deserved no credit for
availing himself of the accidents of ground. One half of the science of war
consists in teaching how to take advantage of the irregularities of the ground
on which military movements are to be made, or defensive works are to be
constructed. The highest reputation of Generals in every age has resulted in
their skill in military topography. The most marked compliment ever paid by one
General to another, was that of Napoleon to Cæsar, when he halted on his
encampments without a previous reconnoisance. But the regiment did not rally as
stated, for it had not been dispersed; neither was their movement the result of
their own necessity, or adopted for their own safety. They were marching by the
flank, on the side of a ravine, when the enemy’s cavalry were seen
approaching. They could have halted on the side of the ravine, which was so
precipitous that they would have been there as sate from a charge as if they
had been in Mississippi. They could have gone down into the ravine, and have
been concealed even from the sight of the cavalry. The necessity was to prevent
the cavalry from passing to the rear of our line of battle, where they might
have attacked, and probably carried our batteries, which were then without the
protection of our infantry escort. It was our country’s necessity and not
our own which prompted the service there performed. For this the regiment was
formed square across the plain, and there stood motionless as a rock, silent as
death, and eager as a greyhound for the approach of the enemy, at least nine
times, numerically, their superiors. Some Indiana troops were formed on the
brink of the ravine with the right flank of the Mississippi Regiment,
constituting one branch of what has been called the “V”. When the
enemy had approached as near as he dared and seemed to shrink from contact with
the motionless, resolute living wall which stood before him, the angry crack of
the Mississippi rifle was heard, and as the smoke rose and the dust fell, there
remained of the host which so lately stood before us but the fallen and the
flying. The rear of our line of battle was again secured, and a service had
been rendered which in no small degree contributed to the triumph which finally
perched upon the banner of the United States.
I am not a disinterested, and may not be a competent judge, but I know how I
thought, and still believe, that your sons, given by you to the public service
in the war with Mexico, have not received the full measure of the credit which
was their due. They, however, received so much that we might be content to rest
on the history as it has been written. But it constitutes a reason why we
should not permit any of the leaves to be unjustly torn away.
To return to the consideration of the less important subject, the
misrepresentation of myself; I will again express the surprise I felt that when
abolition papers were assailing me with a view to destroy any power which I
might acquire to correct the error which had been instilled into the minds of
the people of the North in relation to Southern sentiments and Southern
institutions, that they should have received both aid and comfort from Southern
newspapers, and been bolstered up in the attempt to misrepresent my political
position. When the charge was made, which was copied in Northern papers, that I
had abandoned those with whom I co-operated in 1852, to produce a separation of
the States, my friend, the editor of the Mississippian, seeing the
misrepresentation of my position, and naturally supposing, as we had no
discussion in 1852, the reference must have been made to the canvass of 1851,
quoted from the resolutions of the State-Rights Democratic Convention, and from
an address published by myself to the people, to show that my position was the
reverse of that assigned to me. Before proceeding, I will advert to a reference
which has been made to him, as my “organ.” He is no more my
“organ” than I am his. We have generally concurred, I and have been
able to understand and anticipate his positions as he has mine. I am indebted
to him for many favors. He is indebted to me for nothing. As Democrats, as
gentlemen, as friends, we occupy to each other the relation of exact equality.
Notwithstanding that irrefutable answer to the charge, it has been reiterated,
and, as before, located in the year 1852. It is known to you all that our
discussions were in 1851. I then favored a convention of the Southern States,
that we might take counsel together, as to the future which was to be
anticipated, from the legislation of 1850. The decision of the State was to
acquiesce in the legislation of that year, with a series of resolutions in
relation to future encroachments. I submitted to the decision of the people,
and have in good faith adhered to the line of conduct which it imposed.
Therefore in 1852 there is no record from which to disprove any allegation, but
you know the charge to be utterly unfounded, and charity alone can suppose its
reiteration was innocently made. Neither in that year nor in any other, have I
ever advocated a dissolution of the Union, or the separation of the State of
Mississippi from the Union, except as the last alternative, and have not
considered the remedies which lie within that extreme as exhausted, or ever
been entirely hopeless of their success. I hold now, as announced on former
occasions, that whilst occupying a seat in the Senate, I am bound to maintain
the Government of the Constitution, and in no manner to work for its
destruction; that the obligation of the oath of office, Mississippi’s
honor and my own, require that, as a Senator of the United States, there should
be no want of loyalty to the Constitutional Union. Whenever Mississippi shall
resolve to separate from the Confederacy, I will expect her to withdraw her
representatives from the General Government, to which they are accredited. If I
should ever, whilst a Senator, deem it my duty to assume an attitude of
hostility to the Union, I should, immediately thereupon, feel bound to resign
the office, and return to my constituency to inform them of the fact. It was
this view of the obligations of my position, which caused me, on various
occasions, to repel, with such indignation, the accusation of being a
disunionist, while holding the office of Senator of the United States.
I have been represented as having, advocated “Squatter Sovereignty”
in a speech made at Bangor, in the State of Maine, A paragraph has been
published purporting to be an extract from that speech, and vituperative
criticism, and forced construction have exhausted themselves upon it, with
deductions which are considered authorized, because they are not denied in the
paragraph published.
In this case, as in that of the charge in relation to my position in 1852,
there is no record with which to answer. I never made a speech at Bangor. And a
fair mind would have sought for the speech to see how far the general context
explained the paragraph, before indulging in hostile criticism.
Senator Douglas, in a speech at Alton, adopting the paragraph published, and
evidently drawing his opinion from the unfair construction which had been put
upon it, claims to quote from a speech made by me at Bangor, to sustain the
position taken by him at Freeport. He says:
“You will find in a recent speech, delivered by that able and eloquent
statesman, Hon. Jefferson Davis, at Bangor, Maine, that he took the same view
of this subject that I did in my Freeport speech. He there said:”
“‘If the inhabitants of any territory should refuse to enact such
laws and police regulations as would give security to their property and his,
it would be rendered more or less valueless, in proportion to the difficulty of
holding it without such protection. In the case of property in the labor of a
man, or what is usually called slave property, the insecurity would be so great
that the owner could not ordinarily retain it. Therefore, though the right
would remain, the remedy being withheld, it would follow that the owner would
be practically debarred, by the circumstances of the case, from taking slave
property into a Territory where the sense of the inhabitants was opposed to its
introduction. So much for the oft repeated fallacy of forcing slavery upon any
community.’”
It is fair to suppose, if the Senator had known where to find the speech from
which this extract was taken, that he would have examined it before proceeding
to make such use of it. And I can but believe, if he had taken the paragraph
free from the distortion which it had undergone from others, that he must have
seen it bore no similitude to his position at Freeport, and could give no
countenance to the doctrine he then announced. He there said:
“The next question Mr. Lincoln propounded to me is: ‘Can the people
of a territory exclude slavery from their limits by any fair means, before it
comes into the Union as a State?’ I answer emphatically, as Mr. Lincoln
has heard me answer a hundred times, on every stump in Illinois, that in my
opinion, the people of a territory can, by lawful means, exclude slavery before
it comes ill as a State. [Cheers.] Mr. Lincoln knew that I had given that
answer over and over again. He heard me argue the Nebraska bill on that
principle all over the State, in 1854, and ’55, and ’56, and he has
now no excuse to pretend to have any doubt upon that subject. Whatever the
Supreme Court may hereafter decide as on the abstract question of whether
slavery may go in under the Constitution or not, the people of a territory have
the lawful means to admit or exclude it as they please for the reason that
slavery cannot exist a day or an hour anywhere unless supported by local police
regulations, furnishing remedies aid means of enforcing the right of holding
slaves. Those local aid police regulations can only be furnished by the local
Legislature. If the people of the Territory are opposed to slavery they will
elect members to the Legislature who will adopt unfriendly legislation to it.
If they are for it, they will adopt the legislative measures friendly to
slavery. Hence no matter what may be the decision of the Supreme Court, on that
abstract questions still the right of the people to make it a slave territory
or a free territory, is perfect and complete under the Nebraska Bill. I hope
Mr. Lincoln will deem my answer satisfactory on this point.” This is the
distinct assertion of the power of territorial legislation to admit or exclude
slavery; of the first in the race of migration who reach a territory, the
common property of the people of the United States to enact laws for the
exclusion of other joint owners of the territory, who may in the exercise of
their equal right to enter the common property, choose to take with them
property recognized by the Constitution, built not acceptable to the first
emigrants to the Territory. That Senator had too often and too fully discussed
with me the question of “squatter sovereignty” to be justified in
thus mistaking my opinion. The difference between us is as wide as that of one
who should assert the right to rob from him who admitted the power. It is true,
as I stated it at that time, all property requires protection from the society
in the midst of which it is held. This necessity does not confer a right to
destroy, but rather creates an obligation to protect. It is true as I stated
it, that slave property peculiarly requires the protection of society, and
would ordinarily become valueless in the midst of a community, which would seek
to seduce the slave front his master, and conceal him whilst absconding, and as
jurors protect each other in any suit which the master might bring for damages.
The laws of the United States, through the courts of the United States, might
enable the master to recover the slave wherever he could find him. But you all
know, in such a community as I have supposed, that a slave inclined to abscond
would become utterly useless, and that was the extent of the admission.
The extract on which reliance has been placed was taken from a speech made at
Portland, and both before and after the extract, the language employed
conclusively disproves the construction, which unfriendly criticism has put
upon the detached passage. Immediately preceding it, the following language was
used:
“The Territory being the common property of States, equals in the Union,
and bound by the Constitution which recognizes property in slaves, it is an
abuse of terms to call aggression the migration into that Territory of one of
its joint owners, because carrying with him any species of property recognized
by the Constitution of the United States. The Federal Government has no power
to declare what is property enywhere.{sic} The power of each State cannot
extend beyond its own limits. As a consequence, therefore, whatever is property
in any of the States, must be so considered in any of the territories of the
United States until they reach to the dignity of community independence, when
the subject matter will be entirely under the control of the people, and be
determined by their fundamental law. If the inhabitants of any territory should
refuse to enact such laws and police regulations as would give security to
their property or to his, it would be rendered more or less valueless, in
proportion to the difficulty of holding it without such protection. In the case
of property in the labor of man, or what is usually called slave property, the
insecurity would be so great that the owner could not ordinarily retain it.
Therefore, though the right would remain, the remedy being withheld, it would
follow that the owner would be practically debarred by the circumstances of the
case, from taking slave property into a territory where the sense of the
inhabitants was opposed to its introduction. So much for the oft repeated
fallacy of forcing slavery upon any community.”
And in a subsequent part of the same speech, the matter was treated of in this
wise:
“The South had not asked Congress to extend slavery into the territories,
and he in common with most other Southern statesmen, denied the existence of
any power to do so. He held it to be the creed of the Democracy, both in the
North and the South, that the general government had no constitutional power
either to establish or prohibit slavery anywhere; a grant of power to do the
one must necessarily have involved the power to do the other. Hence it is their
policy not to interfere on the one side or the other, but protecting each
individual in his constitutional rights, to leave every independent community
to determine and adjust all domestic questions as in their wisdom may seem
best.”
In other speeches made elsewhere, in New England and in New York the equality
of the South as joint owners was declared and maintained, as I had often done
before the people of Mississippi and in the Senate of the United States when
the subject was in controversy. The position taken by me in 1850, in the form
of an amendment offered to one of the compromise measures of that year, was
intended to assert the equal right of all property to the protection of the
United States, and to deny to any legislative body the power to abridge that
right. The decision of the Supreme Court in the Dred Scott case has fully
sustained our position in the following passage:
“If Congress itself cannot do this, (prohibit slavery in a Territory,) if
it is beyond the powers conferred on the Federal Government—it will be
admitted, we presume, that it could not authorize a territorial government to
exercise them. It could confer no power on any local government established
by its authority, to violate the provisions of the Constitution.
“And if the Constitution recognizes the right of property of the master
in a slave; and makes no distinction between that description of property and
other property owned by a citizen, no tribunal, acting under the
authority of the United States, whether legislative, executive, or judicial,
has a right to draw such a distinction, or deny to it the benefit of the
provisions and guarantees which have been provided for the protection of
private property against the encroachments of the government.”
At the time of the adoption of the Kansas-Nebraska bill, it certainly was
understood that the constitutional rights to take slaves into any territory of
the United States should thenceforth be regarded as a judicial question; and
therefore special provision was made to facilitate the bringing of such
questions before the Supreme Court of the United States. After the decision to
which reference has just been made, the prominent advocate of the bill at the
time of its enactment should have been estopped from recurring to his
“squatter sovereignty” heresies, though the decision should have
been different from his anticipation or desire. And as much interest has been
felt in relation to his position, and some inquiry has been made as to my view
of it, I will here say, that I consider him as having recanted the better
opinions announced by him in 1854, and that I cannot be compelled to choose
between men, one of whom asserts the power of Congress to deprive us of a
constitutional right, and the other only denies the power of Congress, in order
to transfer it to the territorial legislature. Neither the one nor the other
has any authority to sit in judgment on our rights under the Constitution.
Between such positions, Mississippi cannot have a preference, because she
cannot recognize anything tolerable in either of them.
Having called your attention to the speech made at Portland, to show that other
parts of it disprove the construction put upon the paragraph, which was taken
from it, and reported to be a part of the speech delivered at Bangor, it may be
as well on this occasion to state the circumstances under which the speech was
made at Portland. Immediately preceding the State election, I was invited, by
the democracy of that city, to address them, and my attention was especially
called to a delusion practiced on the people of Maine, by which many were led
to believe that there was a purpose on the part of the South, through the
government of the United States, to force slavery not only into the
territories, but also into the non-slaveholding States of the Union. It was
represented to me that in the last Presidential canvass that one of the
Senators of Maine had convinced many of the voters that if Mr. Buchanan should
be elected, slavery would be forced upon Maine, and that the other Senator was
arguing that the Dred Scott decision of the Supreme Court had given authority
to introduce and hold slaves in that State. To counteract such impressions,
injurious to the South and her friends, the remarks which have been extracted
were made.
On that, as on other occasions, it was deemed a duty to correct
misrepresentation and seek to vindicate our purposes from the prejudice which
ignorance and agitation had created against us. If it was in my power in any
degree to allay sectional excitement, to cultivate sounder opinions and a more
fraternal feeling, it was a task most acceptable to me, and one for the
performance of which I could not doubt your approval. But it has been my
fortune to be the object of a malice which I have not striven to appease
because I was conscious that it rested upon no injury or injustice inflicted by
me. The land swarms with Presidential candidates, announced by their agents or
their friends, or by themselves, as the mode most available for preventing too
zealous and partial friends from putting them in nomination. To these it was
the source of unfounded apprehension, that I went to the coast of New England,
instead of returning to Mississippi. If any of them had known the necessity
which kept me from home, it is fair to suppose the aspirant for such
distinction could not have been guilty of the meanness of suppressing that
fact, and allowing misrepresentation to do its work in my absence.
For the wretch who is doomed to go through the world bearing a personal
jealousy or a personal malignity, which renders him incapable of doing justice,
and studious of misrepresentation, I can only feel pity, and were it possible
to feel revengeful, could consign him to no worse punishment than that of his
own tormentors, the vipers nursed in his own breast.
But long have I delayed what is my chief purpose, to speak to my friends, the
men whose good opinion is to me of importance only second to the approval of my
own conscience. So far as they have misunderstood me, it is a pleasure to set
forth the true meaning of both my words and my deeds. To my traducers I have no
explanations to offer and no apologies for any one. If State Rights men in the
excess of their zeal have censured me, I have no reproaches for them, but
cheerfully bear the burden which may be imposed upon me by zeal in the cause to
which my political life has been devoted, and in imitation of Job, would bless
the State Rights Democracy of Mississippi, even if the object of its vengeance:
“Though he slay me, yet will I trust in him.”
If I had been asked what interpretation might possibly be put upon the
published sketch of the remarks made by me at sea on the Fourth of July last,
speculation would have been exhausted before it would have occurred to me that
my State Rights friends would consider themselves described under the head of
“trifling politicians,” who could not believe that the country
would remain united to repel insult to our flag as it had recently been on the
occasion of the attempt to exercise visit and search in the Gulf of Mexico,
under the pretext of checking the African slave trade. The publisher of that
sketch has already announced that it was not a report, and that for its
language I could not justly be considered responsible. To this it is needless
that I should add any thing. But I have treated it, and will treat it in the
view necessarily taken by those who construed it before such denial was made.
During the period of greatest adversity, in the hour of gloom and defeat, the
State Rights Democracy had no cause to complain of my fealty. We struggled
together, fell together, rose together, and to them I am indebted for whatever
of consideration or position I possess. Endeared to me by our common suffering;
grateful to them for the steadfast support with which they have honored me,
accustomed to refer with pride to my identity with them, it would have been
strange indeed, if when separated from them under circumstances which turned
any eyes, with more than ordinary anxiety towards my home, I should then have
sought an occasion to heap reproachful language upon them.
Often it has been my duty to repel the accusations of others who sought to
attribute to the State Rights Democracy opinions not their own, and to impute
to them the purpose to agitate for the destruction of the government we
inherited. As one of the State Rights party, I deny that the language published
is a picture of me or my class, and I have as little disposition now, as at any
former time, to separate myself from the body of the party, with which I have
so long acted, which I rejoice to see in power at home, and daily more and more
respected in the other States.
I have thus defined who were not meant, and will now tell who were meant.
Firsts they were the noisy agitators who were constantly disturbing the public
peace and proclaiming that slavery is so great an evil, that the preservation
of the Union is subordinate to the purpose of abolishing it. They who object to
any protection, on the high seas or elsewhere, being given to slave property by
the government of the United States; who would rejoice in any insult offered to
the national flag if borne by a vessel sailing from a Southern port; and who
have been for some time back circulating petitions for a dissolution of the
Union on the ground of the incompatibility of the sections. And to these may be
added the few, the very few of Southern men who fancying that they would have
advantages out of the Union which they cannot possess within it, however fully
the compact should be observed and State Equality maintained, desire its
dissolution, and taking counsel of their passions, decry the labors of all who
seek to preserve the government as our fathers formed it, and to develop the
great purposes for which it was ordained and established.
The other phrase which has been the subject of comment was, “and this
great country will remain united.” How “united” is set forth
in the language to which this clause was a conclusion, “united to protect
our national flag whenever a foreign power, presuming on our domestic
dissention, should dare to insult it.” The unanimity with which men of
all parties in the two houses of Congress rallied to support the executive in
maintaining the rights of our flag, had been the subject of my commendation.
Upon that fact the idea expressed rested. At worst it could but have evinced
too much credulity, and I trust I may die believing that whenever the honor of
our flag shall demand it, every mountain and valley and plain, will pour forth
their hardy sons, and that shoulder to shoulder they will march against any
foreign foe which shall invade the rights of any portion of the United States.
And here permit me as a duty to you, and an obligation upon myself, to pay the
tribute which I believe to be due the Northern Democracy. Having formed my
opinion of them upon insufficient data, I have had occasion, after much
intercourse with them, to modify it. I believe that a great reaction has
commenced; how far it will progress I do not pretend to say, but am hopeful
that agitation will soon become unprofitable to political traders in New
England, and this hope rests upon the high position taken by the Northern
Democracy, and upon the increased vote which in some of the States, under the
more distinct avowal of sound principles, their candidates have received. You
may now often hear among them not only the unqualified defence of your
constitutional rights, but the vindication of your institutions in the
abstract, and in the concrete.
In the town of Portland, just preceding the election, a Democrat of large means
and extensively engaged in commercial transactions and city improvements
addressed the Democracy, arguing that their prosperity depended upon their
connection with countries, the products of which were dependent upon slave
labor; and the future growth and prosperity of their city depended upon the
extension of slave labor into all countries where it could be profitably
employed. He showed by a statistical statement the paralysing effect which
would be produced upon their interest by the abolition of slavery. The Black
Republican papers of course abused him, and compared him to Davis and Toombs,
but his sound views were approved by the Democracy, and so far as I could
judge, he gained consideration by their manly utterance.
A generation had been educated in error, and the South had done nothing in
defence of the abstract right of slavery. Within a few years essays have been
written, books have been published, by northern as well as by southern men, and
with the increase of information, there has been a subsidence of prejudice, and
a preparation of the mind to receive truth. Our friends are still in a
minority. It would be vain to speculate as to the period when their position
will be reversed. Whether sooner or later, or never, they are still entitled to
our regard and respect. A few years ago those who maintained our constitutional
right, and to secure it voted for the Kansas and Nebraska bill, went home to
meet reproach and expulsions from public employment.
Even their social position was affected by that political act. The few years,
however, which have elapsed, have produced a great change. They have recovered
all except their political position. That bill which was considered when it was
enacted, a Southern measure, for which Northern men bravely sacrificed their
political prospects, has of late been denounced at the South as a cheat and a
humbug. A poor return certainly, to those who conscientiously maintaining our
rights, surrendered their popularity to secure what the men for whom they made
the sacrifice now pronounce to have been a cheat. It is true that bill has
recently received in some quarters a construction which its friends did not
place upon it when it was enacted. But it should be judged by its terms and by
contemporaneous construction.
When I visited the people of Mississippi last year, the question of greatest
public excitement, was connected with the action of the Executive in relation
to the admission of Kansas as a State of the Union. You had been led to suppose
that the President would attempt to control the action of the convention, and
if the constitution was not submitted to a popular vote, would oppose by all
the means within his power, the admission of the State within the Union. You
were also excited at a dogma which had been put forth, to the effect that no
more slave States should be admitted. I agreed with you then, that if the
President took such position he would violate the obligations of his office,
and be faithless to the trust which you had reposed in him. I agreed with you
then, that the exclusion of a State, because it was slaveholding, would be such
an offence against your equality as would demand at your hands the vindication
of your rights. What has been the result? The convention framed the
constitution, submitted only the clause relating to slavery to a popular vote,
and applied for admission. The President in his annual message referred in
favorable terms to the application, then not formally made, and when the
Constitution reached him transmitted it to Congress with a special message, in
which he fully and emphatically maintained the right of admission.
After the convention had adjourned, Mr. Stanton, acting Governor of the
Territory, called and extra session of the Freesoil Legislature, which has been
elected, and it passed an act to submit the whole constitution to a popular
vote. The President removed him from office,—a further evidence of the
sincerity with which he was fulfiling your expectations in relation to Kansas.
And it gives me pleasure here to say of him, what I am assured I can now say
with confidence, that he will not shrink a hair’s breadth from the
position he has taken, but will move another step in advance, and fall, if fall
he must, manfully upholding the rights and defying the insolence of ill-gotten
power.
When the bill was presented to the Senate for the admission of the State of
Kansas, after a long discussion, it was adopted, with a provision which
required the State after admission to relinquish its claim to all the land
asked for in its ordinance, except 5,000,000 acres, that being the largest
amount which had been ever granted to a State at the period of its admission.
There was also a provision declaratory of the right of the people to change
their constitution at any time; though the instrument itself had restricted
them for a term of years. I considered both those provisions objectionable; the
first, because it was directory of legislation to be enacted by a State; and
the second, because it was inviting to a disregard of the fundamental law, and
had too much the seeming of a concession to the anti-slavery feeling which was
impatient for a change of the constitution. That bill failed in the House, and
was succeeded by a bill of the Opposition which recognized the right of Kansas
to be admitted with a pro-slavery constitution, provided it should be adopted
by a popular vote. This also failed, and in the division between the two
Houses, a com- {sic}
As there has been much diversity of opinion in relation to that law, and I
think much misapprehension as to its character, I will be pardoned for speaking
of it somewhat minutely.
When it was known that the Conference Committee had prepared a bill, I mittee
of conference was appointed, which framed the bill that became a law. being at
the time confined to my house by disease, invited my colleague and the
Representatives from the State to visit me, that we might confer together and
decide upon the course which we would pursue. Before the evening of our
meeting, a distinguished member of the House of Representatives, a member of
the Committee, called and read to me the bill which they had prepared. It
contained some features which I considered objectionable. He concurred with me,
and promised to use his efforts to have them stricken out. When the Mississippi
delegation assembled, our conference was full, and marked by the desire, first
to protect the rights of our State, and secondly, to secure unanimity of action
by its delegation. The objections which were urged, referred, as my memory
serves me, entirely to the features which I had reason to hope would be
stricken out. One of the delegation announced an unwillingness to support the
proposed modification of the Senate proposition, lest it should be considered
as yielding the point on which we had insisted that Congress could not require
the Constitution to be submitted to a popular vote. I refer to the lamented
Quitman, whose sincere devotion to Southern interests, no one, who knew him,
could question. I regretted that he deemed it necessary to vote, finally,
against the measure, but I honor the motive which governed his course.
The ordinance which was attached to the Constitution, was not a part of it, but
a condition annexed to the application for admission. If Congress had stricken
the ordinance out, the effect, I believe, would have been that of admitting the
State without any reservation of the public land; would have transferred as an
attribute of sovereignty the useful as well as the eminent domain. The Southern
Senators who received the soubriquet of Southern ultras, held that position in
1850, in relation to the public lands of California, and it constituted one of
their objections to the admission of that State at the time it was effected. To
modify the ordinance, that is to change the condition on which the inhabitants
of Kansas proposed to enter into the Union was necessarily to give them the
right to withdraw their proposition.
It remained then for Congress if they reduced the amount of land asked for in
the ordinance, either to provide the mode in which the inhabitants should
accept or reject the modification or leave them to do it in such manner as they
might adopt. The convention was defunct, the legislature was black republican
and thought to be entitled to little confidence, and it seemed to be better
that Congress should itself provide the mode of ascertaining the public will
than leave that duty to the territorial legislature, such as it was believed
and proven to be. It was a mere question of expediency, and I think the best
course was pursued.
To have admitted the State without modification of the ordinance, would have
been to grant five times as much of the public land as had ever been given to a
State at the period of admission.
There was nothing to justify such a discrimination, and otherwise the State
could not be admitted without referring the question or violating the principle
of State sovereignty.
As a condition precedent, the general government may require the recognition of
its right to control the primary disposal of the land, but can have no right to
impose a condition with the mandate that it shall be subsequently fulfiled and
no power to enforce the mandate if the State admitted should refuse to comply.
Not for all the land in Kansas, not for all the land between the Missouri and
the Pacific ocean, not for all the land of the continent of North America,
would I agree that the federal government should have the power to coerce a
State.
The necessity for having all conditions agreed upon before the admission of a
State was demonstrated by Mr. Soule, in 1850, in the discussion of the bill for
the admission of California. Mr. Webster replied to him but did not answer his
argument, and the course of events seems likely to verify all that Senator
Soule foretold.
Of the three methods which were supposable, I think Congress adopted the best;
it was the only one which was attainable and secured all which was of value to
the South. It was the admission by Congress of a State with a pro-slavery
Constitution; it was the triumph of the principle that forbade Congress to
interfere either as to the matter of the Constitution or the manner in which it
should be formed and adopted.
The refusal of the inhabitants to accept the reduced endowment offered to them,
and their decision to remain in a territorial condition, was, in my opinion,
wise on their part and fortunate on ours. The late Governor, Denver, has
forcibly pointed out to them their want of means to support a State government,
and the propriety of giving their first attention to the establishment of order
and the development of their internal resources. There were many reasons to
doubt the fitness of the inhabitants of Kansas to be admitted as a State.
The condition of the country and the previous legislation of Congress made the
case exceptional, and, in my judgment, justified the course adopted. I have,
therefore, no apology or regret to offer in the case.
The Northern opponents of the measure have, among other denunciatory epithets,
applied to it those of “bribery” and “coercion.”
“Bribery” to give less by twenty millions of acres of land than was
claimed, and “coercion” to leave them to the option of receiving
the usual endowment, or waiting until they had an amount of population which
would give some assurance of their ability to maintain a State government.
Though such is the requirement of the law, and designed to secure exemption
from the mischievous agitation which has for several years disturbed the
country and benefitted only the demagogues who make a trade of politics, we may
scarcely hope to escape from a renewal of the agitation which has been found so
profitable. The next phase of the question will probably be in the form of what
is termed an “enabling act,”—a favorite measure with the
advocates of “squatter sovereignty,” who, claiming for the
inhabitants of a Territory all the power of the people of a State, nevertheless
consider it necessary that Congress should confer the power to form a
Constitution and apply as a State. Congress has given authority for admission
in some cases, but I think it better to avoid than to follow the precedent. Not
that I am concerned for the doctrine of “squatter sovereignty,” but
that I would guard against the mischievous error of considering the federal
government as the parent of States, and would restrict it to the function of
admitting new States into the Union, barring all pretension to the power of
creating them.
It seems now to be probable that the Abolitionists and their allies will have
control of the next House of Representatives, and it may be well inferred from
their past course that they will attempt legislation both injurious and
offensive to the South. I have an abiding faith that any law which violates our
constitutional rights, will be met with a veto by the present
Executive.—But should the next House of Representatives be such as would
elect an Abolition President, we may expect that the election will be so
conducted as probably to defeat a choice by the people and devolve the election
upon the House.
Whether by the House or by the people, if an Abolitionist be chosen President
of the United States, you will have presented to you the question of whether
you will permit the government to pass into the hands of your avowed and
implacable enemies. Without pausing for your answer, I will state my own
position to be that such a result would be a species of revolution by which the
purposes of the Government would be destroyed and the observance of its mere
forms entitled to no respect.
In that event, in such manner as should be most expedient, I should deem it
your duty to provide for your safety outside of a Union with those who have
already shown the will, and would have acquired the power, to deprive you of
your birthright and to reduce you to worse than the colonial dependence of your
fathers.
The master mind of the so-called Republican party, Senator Seward, has in a.
recent speech at Rochester, announced the purpose of his party to dislodge the
Democracy from the possession of the federal Government, and assigns as a
reason the friendship of that party for what he denominates the slave system.
He declares the Union between the States having slave labor and free labor to
be incompatible, and announces that one or the other must disappear. He even
asserts that it was the purpose of the framers of the Government to destroy
slave property, and cites as evidence of it, the provision for an amendment of
the Constitution. He seeks to alarm his auditors by assuring them of the
purpose on the part of the South and the Democratic party to force slavery upon
all the States of the Union. Absurd as all this may seem to you, and
incredulous as you may be of its acceptance by any intelligent portion of the
citizens of the United States, I have reason to believe that it has been
inculcated to no small extent in the Northern mind.
It requires but a cursory examination of the Constitution of the United States;
but a partial knowledge of its history and of the motives of the men who formed
it, to see how utterly fallacious it is to ascribe to them the purpose of
interfering with the domestic institutions of any of the States. But if a
disrespect for that instrument, a fanatical disregard of its purposes, should
ever induce a majority, however large, to seek by amending the Constitution, to
pervert it from its original object, and to deprive you of the equality which
your fathers bequeathed to you, I say let the star of Mississippi be snatched
from the constellation to shine by its inherent light, if it must be so,
through all the storms and clouds of war.
The same dangerously powerful man describes the institution of slavery as
degrading to labor, as intolerant and inhuman, and says the white laborer among
us is not enslaved only because he cannot yet be reduced to bondage. Where he
learned his lesson, I am at a loss to imagine; certainly not by observation,
for you all know that by interest, if not by higher motive, slave labor bears
to capital as kind a relation as can exist between them anywhere; that it
removes from us all that controversy between the laborer and the capitalist,
which has filled Europe with starving millions and made their poor houses an
onerous charge. You too know, that among us, white men have an equality
resulting from a presence of the lower caste, which cannot exist where white
men fill the position here occupied by the servile race. The mechanic who comes
among us, employing the less intellectual labor of the African, takes the
position which only a master-workman occupies where all the mechanics are
white, and therefore it is that our mechanics hold their position of absolute
equality among us.
I say to you here as I have said to the Democracy of New York, if it should
ever come to pass that the Constitution shall be perverted to the destruction
of our rights so that we shall have the mere right as a feeble minority
unprotected by the barrier of the Constitution to give an ineffectual negative
vote in the Halls of Congress, we shall then bear to the federal government the
relation our colonial fathers did to the British crown, and if we are worthy of
our lineage we will in that event redeem our rights even if it be through the
process of revolution. And it gratifies me to be enabled to say that no portion
of the speech to which I have referred was received with more marked
approbation by the Democracy there assembled than the sentiment which has just
been cited. I am happy also to state that during the past summer I heard in
many places, what previously I had only heard from the late President Pierce,
the declaration that whenever a Northern army should be assembled to march for
the subjugation of the South, they would have a battle to fight at home before
they passed the limits of their own State, and one in which our friends claim
that the victory will at least be doubtful.
Now, as in 1851, I hold separation from the Union by the State of Mississippi
to be the last remedy—the final alternative. In the language of the
venerated Calhoun I consider the disruption of the Union as a great though not
the greatest calamity. I would cling tenaciously to our constitutional
Government, seeing as I do in the fraternal Union of equal States the benefit
to all and the fulfilment of that high destiny which our fathers hoped for and
left it for their sons to attain. I love the flag of my country with even more
than a filial affection. Mississippi gave me in my boyhood to her military
service. For many of the best years of my life I have followed that flag and
upheld it on fields where if I had fallen it might have been claimed as my
winding sheet. When I have seen it surrounded by the flags of foreign
countries, the pulsations of my heart have beat quicker with every breeze which
displayed its honored stripes and brilliant constellation. I have looked with
veneration on those stripes as recording the original size of our political
family and with pride upon that constellation as marking the family’s
growth; I glory in the position which Mississippi’s star holds in the
group; but sooner than see its lustre dimmed—sooner than see it degraded
from its present equality-would tear it from its place to be set even on the
perilous ridge of battle as a sign round which Mississippi’s best and
bravest should gather to the harvest-home of death.
As when I had the privilege of addressing the Legislature a year ago, so now do
I urge you to the needful preparation to meet whatever contingency may befall
us. The maintenance of our rights against a hostile power is a physical problem
and cannot be solved by mere resolutions. Not doubtful of what the heart will
prompt, it is not the less proper that due provision should be made for
physical necessities. Why should not the State have an armory for the repair of
arms, for the alteration of old models so as to make them conform to the
improved weapons of the present day, and for the manufacture on a limited scale
of new arms, including cannon and their carriages; the casting of shot and
shells, and the preparation of fixed ammunition?
Such preparation will not precipitate us upon the trial of secession, for I
hold now, as in 1850, that Mississippi’s patriotism will hold her to the
Union as long as it is constitutional, but it will give to our conduct the
character of earnestness of which mere paper declarations have somewhat
deprived us; it will strengthen the hands of our friends at the North, and in
the event that separation shall be forced upon us, we shall be prepared to meet
the contingency with whatever remote consequences may follow it, and give to
manly hearts the happy assurance that manly arms will not fail to protect the
gentle beauty which blesses our land and graces the present occasion.
You are already progressing in the construction of railroads which, whilst they
facilitate travel, increase the products of the State and the reward of the
husbandman, are a great element of strength by the means they afford for rapid
combination at any point where it may be desirable to concentrate our forces.
To those already in progress I hope one will soon be added to connect the
interior of the State with the best harbor upon our Gulf coast. When this shall
be completed a trade will be opened to that point which will produce direct
importation and exportation to the great advantage of the planter as well as
all consumers of imported goods; and furnishing “exchange,” will
protect us from such revulsion as was suffered last fall when during a period
of entire prosperity at home, our market was paralyzed by failures in New York.
The contemplated improvement in the levee system, will give to our people a
mine of untold wealth; and as we progress in the development of our resources
and the increase of our power, so will we advance in State pride and the
ability to maintain principles far higher in value than mountains of gold or
oceans of pearl.
But I find myself running into those visions which have hung before me from my
boyhood up; which at home and abroad have been the hope constantly attending
upon me, and which the cold wing of time has been unable to wither. I am about
to leave you to discharge the duties of the high trust with which you have
honored me. I go with the same love for Mississippi which has always animated
me; with the same confidence in her people, which has cheered me in the darkest
hour. As often as I may return to you, I feel secure of myself, and say I shall
come back unchanged. Or should the Providence which has so often kindly
protected me, not permit me to return again, my last prayer will be for the
honor, the glory and the happiness of Mississippi.