Mr. CHAIRMAN: That we are now threatened with great and alarming evils, no one who will take a calm and unprejudiced survey of the condition of the country can for a moment doubt. In the formation of this Government there existed a spirit of harmony and concession from the citizens of each State in this Union towards the citizens of every other State; and this spirit was so plainly exhibited in the convention which framed the Constitution of the United States--that it was so adjusted, so adapted to the wants of all the States entering into the Confederacy--that it received the almost unanimous support of the Convention. Harmony and concord and good feeling reigned throughout the whole Confederacy. The citizen of South Carolina rejoiced in the prosperity and commended the virtues of the citizen of Massachusetts; and the citizen of Massachusetts responded to the feeling of the citizen of South Carolina. That was the feeling which pervaded the citizens of this common country when the Constitution was formed; and that was the spirit which pervaded it for the thirty years afterwards during which the Government was administered by the fathers of the Republic.
But now, Mr. Chairman, what state of things does this country exhibit? A people discordant; a great sectional party formed, and the whole history of the country ransacked in a search for subjects of denunciation on the part of citizens of one portion of the Confederacy against citizens of the other.
In that convention which framed the Constitution, which is the basis of our Government, slave States were admitted without objection. Concessions were made to slave States on every point that they demanded, and which they deemed essential to the preservation and protection of their rights in this Union. Ay, there was no objection then to the admission of a State into the Union because she permitted slavery. So far from that, the Constitution abounds with express provisions for the protection of their property, and for the security of their rights. It was not objected to a free State that she should form a member of the Confederacy because she did not tolerate slavery. But the patriotic founders of the Republic looked to the interests of the whole country, and sacrificed prejudices whenever sacrifices were necessary, "_in order to form a more perfect union_."
Contrast that state of feeling and that state of facts with the condition in which we now see the country. Mutual denunciation is the business even of the Representatives of the people on the floor of this Hall. Members of Congress recommend the circulation of books calculated to sap and undermine the foundations on which the whole fabric of wealth, of respectability, and of civilization, of one-half the Union is based. We meet here, not to strengthen the bonds that bind us together in the Union, but to weaken them, as far as human ingenuity can do so. To such a point has this state of things culminated, that the people of State after State in the Southern portion of the Confederacy have met in convention and declared their belief that there is a probability that the time is rapidly approaching when they "_must provide new guards for their future security_." The State which I have the honor in part to represent has made that declaration. And it is charged here on the floor of this Hall, by almost every member of the Republican party who has addressed this committee on the subject of the state of the Union, that it is the Democratic party which is responsible for this condition of things; that the Democratic party have departed from the lessons of wisdom taught us by the example of our forefathers, and have thus precipitated on the country all these evils, by the manner in which they have treated the slavery question.
It shall be my purpose, Mr. Chairman, in the short time allotted to me, to endeavor to vindicate from the charge that party of which I am an humble member. The district which I represent, and the State in which that district is situated, are Democratic by an overwhelming majority; and I assert here, and am prepared to prove incontestibly, that the Democratic party are not the authors of the mischief under which the country labors. I am prepared to prove that they have not departed from the lessons of wisdom inculcated by the example of the founders of the Republic. I will show, if history does not lie, that it is the Republican party, the anti-slavery party, that is the cause of all the evils with which the country is afflicted; and it is they, and not the Democratic party, who have abandoned the legislative precedents and examples of our fathers.
Why, sir, how are we responsible for the slavery agitation that has produced all the evils and mischief which afflict the country?
How is the Democratic party responsible for that excitement, and for the difference of opinion which pervades the Republic on that subject, threatening a dissolution of the Union? Why, we are responsible for it because we do not join the Republican party to exclude slavery from the Territories? We are responsible for it because we do not oppose the admission of a State into the Union when her constitution tolerates slavery. We are responsible for it because we do not join in the declaration that all men are created free and equal, and apply that doctrine to the African slaves of the South; because we do not declare that those slaves are equal to us, and therefore of right free.
We are required by the Republican party to unite with them in advocating that doctrine, and to declare besides that slavery and polygamy are twin relics of barbarism. If we join them in all these declarations of principle; if we join them in advocating these measures, then, of course, the country will be quiet. But, sir, who is responsible for the agitation? Is it not the party that calls for legislation? Has the Democratic party ever asked the national Legislature to establish slavery in her Territory? No, sir; but the Republican party comes into this Hall and demands that the power of the Government should be interposed to exclude slavery from the Territories. Because we do not agree with them; because we do not think as they do; and because we do not vote as they do; because we do not acquiesce in these propositions, why, then we are responsible for this agitation, and they are not! They ask us to adopt the maxim that no more slave States shall be admitted into the Union, and because we do not agree with them on that subject, we are the agitators, and they are not.
Mr. Chairman, from what source do we learn this new doctrine? Do we find it in the legislation of our forefathers? Are there any restrictions in the Constitution of the United States on the subject, or any grant of power to prohibit slavery in a Territory when that Territory is organized? Is there anything in the Constitution of the United States to justify it--and I appeal to that as the very first example of our forefathers in the administration of this Government--is there anything in that instrument which authorizes you to say that a State shall not be admitted into the Union because its constitution tolerates slavery?
I differ from gentlemen upon the Republican side of the House as to the manner in which I would learn a lesson front the example of our forefathers. I would not search for it in their private declarations. I would search for their legislative record. We are legislators, and for our legislation we want legislative precedents. I care not whether the opinions of the founders of the Republic were for slavery or against it, if the legislation of which they were the authors corresponded with the views I entertain. What judge of any court, what lawyer who wished to ascertain the true doctrine of a case, would search for the private opinions of the judge when the reports bristled with adjudicated cases from which he could learn the true doctrine which he had expressed under oath and in the discharge of his duties? When you search for the opinions of our ancestors to guide us as legislators, look at their conduct as legislators, and not their private opinions. Every lawyer, every sensible man, every rational man, knows that that is the true test of the opinions of our ancestors upon a given subject. When they legislate under oath; when they legislate for the good of the whole country, they lay aside their private opinions and their peculiar prejudices.
Now, sir, what do we find in the Constitution of the United States which inculcates the doctrine that slavery must not be extended into the Territories? I call the attention of gentlemen to the first clause of section nine, article one of the Constitution:
"The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808, but a tax or duty may be imposed upon such importation, not exceeding ten dollars for each person."
In order, Mr. Chairman, that there may be no mistake about the meaning of that clause of the Constitution, I send to the Clerk's desk, to be read, an extract from Elliott's Debates.
The Clerk read from Elliott's Debates, (Yate's Minutes,) pages 35 and 36, as follows:
"By the ninth section of this article, the importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited prior to the year 1808, but a duty may be imposed on such importation not exceeding ten dollars for each person.
"The design of this clause is to prevent the General Government from prohibiting the importation of slaves, but the same reasons which caused them to strike out the word 'national,' and not admit the word 'stamps,' influenced them here to guard against the word '_slaves_.' They anxiously sought to avoid the admission of expressions which might be odious in the ears of Americans, although they were willing to admit into their system those things which the expressions signified: and hence it is that the clause is so worded, as really to authorize the General Government to impose a duty of ten dollars on every foreigner who comes into a State to become a citizen, whether he comes absolutely free, or qualifiedly so as a servant, although this is contrary to the design of the framers, and the duty was only made to extend to the importation of slaves.
"This clause was the subject of a great diversity of sentiment in the convention; as the system was reported by the Committee of Detail, the provision was general, that such importation should not be prohibited, without confining it to any particular period. This was rejected by eight States; Georgia, South Carolina, and I think North Carolina, voting for it.
"We were then told by the delegates of the two first of those States, that their States would never agree to a system which put it in the power of the General Government to prevent the importation of slaves, and that they, as delegates from those States, must withhold their assent from such a system.