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How do we stand at the present moment in this respect. You will find a few men among us, even now, rash enough to say, "Let these Southern slaveholders go. The 'nigger' will rise upon them and cut their throats!" The action of such men, I admit, gives some color and justification to your charges and prejudices against the whole Northern people.
I agree with you, gentlemen, that this is now a question of peace or war. I believe it to be so from my very soul. The North has been much to blame in bringing it upon us. What has been the language used at the North? Men have used such expressions as this, "The South secede? Why, you can't kick out the South." And men who knew no better believed the statement to be true. I appeal to northern men to say whether this has not been so. I myself thought four States would go, but I believed secession would stop there. We had more to hope from Louisiana than from any other Gulf State. She has gone, and has now taken up a most offensive and threatening position. Virginia to-day is in more danger of immediate secession than Louisiana was a few short months ago.
My friend from New Jersey says that if this Convention does not prevent it, there must be war. I agree with him. War! what a fearful alternative to contemplate? War is a fearful calamity at best, sometimes necessary I admit, but always terrible. It cannot come to this country without a fearful expenditure of blood and treasure. It will leave us, if it leaves us a nation at all, with an awful legacy of widows' tears—of the blighted hopes of orphans—with a catalogue of suffering, misery, and woe, too long to be enumerated and too painful to be contemplated. For God's sake! let such a fate be averted at any cost, from the country. If it comes at all, it will be such a war as the world never saw. War is commonly, and almost universally, between nations foreign to each other—whose individuals are strangers to each other, and whose interests are widely separated. But we are a nation of brothers, of a common ancestry, and bound together by a thousand memories of the past—a thousand ties of interest and blood. It will be a war between brothers—between you who come to us in summer, and we who visit you in winter. It will be a war between those who have been connected in business—associated in pleasures, and who have met as brothers in the halls of legislation and the marts of commerce. Save us from such a war! Let not the mad anger of such a people be aroused. And, gentlemen, if war comes it must be long and terrible. You will see both parties rise in their majesty at both ends of the line. They will slough off every other consideration and devote themselves, with terrible energy, to the work of death. Oh ye! who bring such a calamity as this upon this once happy country! Pause, gentlemen, before you do it, and think of the fearful accountability that awaits you in time and in eternity.
But I am here to answer for the State of New York; the Empire State and the people of the Empire State. I have never been classed with the rash men of that State who have aided in bringing about this condition of things. I will not be classed with those who now thrust themselves between the Empire State and those glorious propositions of your committee. They are in the smallest possible majority even in our delegation. All I ask is, that we may have the judgment of the people upon these propositions, and I will be answerable for the rest; and these gentlemen who rely upon the fifty thousand (50,000) majority of last November, will have a fearful waiting for of judgment. Fifty thousand majority! Who does not know how that majority was made up? It was not a majority upon the question of slavery at all. It came in this wise: The opposite party was divided and distracted. The Republican party united all sorts of discordant elements; men voted for Mr. LINCOLN from a great variety of motives. Some, because they wanted the Homestead law; some because they wanted a change in the Tariff; and, gentlemen, let me assure you, there were more men who voted for Mr. LINCOLN—solely on account of the Tariff—than would have made up this fifty thousand majority. I know the people of New York, and I know I can answer for them when I say, Give us these fair and noble propositions and we will accept them with an unanimity that will gratefully surprise the nation.
How does the nation stand to-day? Look at Kansas! She is a State and yet in beggary. She is stretching out her hands to us for relief. We have relieved her for the time, but she will need more aid again. The whole country is excited and agitated. The press, North and South, is full of misrepresentation and vituperation. Sections are arrayed against each other. Men fear to trust each other. The very air is full of anxiety and apprehension. Such, gentlemen, is the miserable condition of the country. The nation is in great peril. Its interests, its institutions, its property, are all in great and common peril. Paralysis has seized upon the whole country. In vain now shall we argue about causes. The effect is upon us. Business is stagnated. Those who have capital do not dare to move it. But we here must do something. Mr. LINCOLN is coming, and all along the route the people are doing him honor. But that triumphal march is insignificant compared with the anxiety felt throughout the country that this Convention should agree upon some plan that will save the Government and the Union.
In one thing, under other circumstances, I would agree with the gentleman (Mr. BOUTWELL) from Massachusetts. Had the border States elected their members of Congress, I would wait. But the elections in the border States are yet to be held. And upon what idea? Why, sir, upon the idea that their whole interests and their whole property are in danger. Aspiring and dangerous men will go before an excited people full of anxiety and uncertainty for the future, and by them be elected instead of the sound, wise, and conservative gentlemen usually selected to represent those States. Those elections would be a mad scene of aspersion and vituperation. I cannot, I will not trust them. Rather give me in those States the glorious results of years gone by.
I say, and I am proud to declare here, that I had no association with the dominant party in the old Empire State at the last election. I struck every other name from the ticket, except those who voted for Bell and Everett. Glorious names! which received the triumphant endorsement of the mother of Presidents—the grand old commonwealth of Virginia.
Sometimes I meet with men who tell me what is going to be done. They talk of retaking forts now held by seceded States by force, of restoring things to their former condition, as they would about sending a vessel for a cargo of oranges to Havana. But they forget that the next administration, like the philosopher who would move the world with a lever, has no holding spot—no place whereon to stand. It is one thing to hold a fort where you have it, but quite another thing to take it when held by the enemy.
Who can magnify the importance of this Conference to all the nation? It is the most important ever held in this country. It holds the key of peace or war. The eyes of the whole people are turned hopefully upon it. By every consideration that should move a patriot, let us agree. Let us act for the salvation of our common country. I came here very unexpectedly to myself. Long withdrawn from political circles, living in comparative retirement, at peace with the world and myself, I would have preferred to remain there; but when I heard of my appointment as a delegate to this Conference, I felt it my duty to come here and say these few things to you.
And now let me close by again assuring you, that if all you ask of New York is the adoption of the propositions which I heard here yesterday as the propositions of a majority of your committee, New York will do you justice. She will answer "YES" by a most triumphant majority—a majority compared with which any heretofore given will seem insignificant! I will occupy time no farther. There is much which I would add, but this is a time for action and not for words.
Mr. RUFFIN:—There are few members of this Conference who attend its sessions with greater interest than myself. I presume that we have come together influenced by various considerations. There are some, I have no doubt, who do not desire the preservation of the Union—who do not care for the safety of the Government which our fathers founded. They may not avow their purposes, they may even conceal them under specious words, but their purpose will be disclosed when we see them arrayed against all projects of settlement—all measures to quiet the existing excitement. Others may think there is no necessity for any action at all, may think so honestly. But let me assure them they are mistaken—sadly mistaken.
Now, I do not care what motives influence others. It is of no consequence to me what their designs or purposes may be, I have no concealment and no deception. I came here for a purpose which I openly and distinctly avow. I proclaim it here and everywhere. I will labor to carry it into execution with all the strength and ability which my advanced years and enfeebled health have left me. I came to maintain and preserve this glorious Government! I came here for Union and peace! (Applause.)
My health is such that if I could avoid it, I would not mingle in this discussion. I would not say one word, if I did not know perfectly well that life or death to my part of the country was involved in the action of this Conference. If gentlemen felt as deeply as I do, they would deprecate as I do the introduction of party or politics into this discussion, or the slightest reference to them. Of what importance is party, compared with the great questions involved here? Parties or men may go up or down, and yet our country is safe. But such Conferences as this, in such emergencies as the present, must act, if our country is to be saved. Let us discard politics and party—let us be brethren and friends.
A gentlemen asked yesterday whether the Convention would have been called, if a Democrat had been elected President. Certainly not. But considerations of a party character would not have prevented it. The true necessity that called us here, is that a President has been elected by a large majority, and a new and strong party is coming into power, which our people believe entertain views and designs hostile to our institutions. Do not understand me as charging the fact upon the new Government. Perhaps I might say that I do not believe it myself.
But that will not answer. Our people are agitated and excited, and we have come here to tell you all, with sorrow in our hearts, that if you will not do something to restore a confidence that is shaken, we are ruined, and we must see this noble Government go down.
We ask you for new constitutional guarantees; and what are the propositions we make? Is there any thing in them which you cannot grant? Is there any thing which it would be dishonorable for you to yield? You reply to us, that you will consent to call a convention to discuss and adjust matters. That will not do. We must act on the existing state of facts. Seven States are already in rebellion—in revolution! I don't care which you call it; either word is bad enough. Tennessee and North Carolina already form fourteen hundred miles of what is virtually a frontier. We are now the border States; we are to be the theatre of war, if it comes. The slave property we speak of will be in still greater peril than it is now. Now think of these things, and tell us whether we can wait for all this complicated machinery of a convention to be put into operation. At the very shortest, it will take three or four years to accomplish any thing.
But my friend from Massachusetts says he does not wish to do any thing at all; that the North is under duress, and her people would despise themselves if they acted under duress. No! no! This is not true in any sense. We respect the people of the North too much to attempt to drive them, or to secure what we need by threats or intimidation. We want the aid of the people of Massachusetts, and we will appeal to their sense of right and justice.
I believe that these propositions, if adopted, will not only satisfy and quiet the loyal States of the South, but that they will bring back the seven States which have gone out. I must be frank and outspoken here. We cannot answer for these States. We cannot say whether they will be satisfied. But we can even stand their absence. We can get on without them, if you will give us what will quiet our people, and what at the same time will not injure you.
Gentlemen, we of North Carolina are not hostile to you; we are your friends—brothers in a common cause—citizens of a common country. We are loyal to our country and to our Constitution. We lose both of them, unless you will aid us now.
As for me, I am an old man. My heart is very full when I look upon the present unhappy and distracted condition of our affairs. I was born before the present Constitution was adopted. May God grant that I do not outlive it. I cannot address you on this subject without manifesting a feeling which fills my heart. Let me assure you, in terms as strong as I can make them, that we cannot stand as we are; that unless you will do something for us, our people will be drawn into that mad career of open defiance, which is now opening so widely against the Government. All I ask of you is to let these propositions go to the people—to submit them at once to their conventions, and not wait the action of the Legislatures of all the States. We want the popular voice—the decision of the people, and the whole people; and if it is to avail us at all, we must have it at once and speedily.
Mr. NOYES:—I did not design to trespass upon the time of the Conference at this stage of the debate. But statements have been made upon this floor to-day which I cannot permit for a single hour to remain unanswered. I should be recreant to my conscience, and especially to my State, if I did not answer them here and now.
I came here for peace, prepared to do that justice to every section of the Union which would secure peace—prepared to go to the farthest limit which propriety and principle, and my obligations to the Constitution, would permit me, to satisfy our southern friends. I did not wish to commit myself to any thing, until I had patiently seen and heard all that was to be said and proposed. Even now I regret that this incidental discussion upon a subject entirely collateral has arisen. How thoroughly it shows the idleness and folly of attempting to limit, or trammel, or hamper discussion upon the general questions which are presented for our action!
Sir, I speak for New York! Not New York of a time gone by! Not New York of an old fossiliferous era, remembered only in some chapter of her ancient history, but young, breathing, living New York, as she exists to-day. Full of enterprise, patriotism, energy—her living self, with her four millions of people, among whom there is scarcely to be found a heart not beating with loyalty to the Constitution and the Government.
In behalf of that New York, the one and only one alive now, I propose to reply to some of the statements made here by one of her representatives.
In the name of the popular voice of that State, recently uttered in tones that I supposed any one could understand, I tell you, gentlemen of this Convention, beware of false prophets. This day, the Scripture is fulfilled among you. [Pointing to Mr. GRANGER.] "A prophet is not without honor save in his own country, and in his own house!"
New York must stand upon this floor, and upon every other floor, as the peer of every other State. Her representatives must have the same rights as any other—and they must be treated like any other. If, in her judgment, New York ought not to give her assent to these propositions, that assent shall not be given; it can never be secured by threats or intimidations. She must have the same rights as any other State, certainly the same rights as New Jersey.
Mr. STOCKTON:—I am sure the gentleman is mistaken; I said nothing intended as a threat or an intimidation.
Mr. NOYES:—Well, let me say it once for all, New York will yield nothing to intimidation.
Now, what is the question which has led to this most extraordinary discussion? It is simply whether debate shall be hampered, or practically cut off, by short limitations as to time, after one section has had an opportunity of expressing its views.
Virginia has called this Conference together. We thought she had no right to do so, and that no possible good could come from her doing it. But we waived all considerations of that kind, and upon her invitation we came here.
She asks us to consider new and important amendments to the Constitution, alterations of our fundamental law; and in the same breath we are told that we must not discuss them—that we must take them as they are offered to us, without change or alteration.
We take time to make treaties. We do not even enter into private contracts without taking time for consideration and reflection. We have been here a little more than a week. The greater part of that time has been occupied by the committee in preparing these propositions. The discussion has scarcely commenced. I submit to the Conference, is it kind, is it generous, is it proper to stop here? Is it best to do so?
Mr. WICKLIFFE:—The gentleman seems to think my resolution was aimed at the delegation from New York. That is not true in any sense. I did not wish to cut off debate at all. I thought we might economize time and still have debate enough to satisfy everybody.
Mr. NOYES:—I believe I perfectly understand your proposition.
Mr. CHASE:—I have agreed to support the resolution, and must adhere to my agreement.
Mr. NOYES:—Personally I might be in favor of the adoption of the half-hour rule, for I think I could say all I desire to say in relation to these propositions within that time. I have certainly no desire that this discussion should be unreasonably protracted. But such limitations are always embarrassing. Other gentlemen do not wish to have them imposed. Mr. FIELD objects to them; and if gentlemen really think they need more time, I think it ungenerous not to yield to their wishes. And I insist that such a course is least calculated to promote conciliation. The more free and full you make this discussion, the more will your results find favor elsewhere. It has been my belief from the beginning, that by careful comparison of our views, by a discussion of all our points of difference, we should, in the end, come to an agreement. I had hoped that such sentiments would have universally prevailed, and that no desire would be shown to force the action of any delegation. I am willing to say for myself that if the thirty minute rule be adopted I will give way at once.
But I must proceed to notice some statements which have been urged here as reasons why we must adopt—
Mr. FIELD:—Will my colleague yield to me for one moment? I have a communication to make which I think will make every lover of his country in this Conference rejoice. It is news from a slaveholding State. It shows that her heart beats true to the Union.
Missouri has just elected delegates to a convention to consider the questions now agitating the Country. I hold in my hands a telegram, stating that a very large proportion of the delegates elected are true Union men.
The PRESIDENT:—I will assume it to be the pleasure of the Conference that the telegram be read.
Mr. FIELD then read the telegram announcing that Union delegates to the Convention in Missouri had been elected by heavy majorities. The announcement was received with much applause.
Mr. NOYES:—This news is indeed cheering. It is an additional evidence of the depth to which love for our country has struck into the hearts of its people—another inducement to make us agree—another reason why we should not be led off upon false issues.
The Constitution has provided the only proper way in which amendments may be made to it. If these methods are followed, amendments will be thoroughly discussed and considered, and they will not be adopted unless the interests of the nation shall be found to require their adoption.
The State of Virginia seeks to precipitate action; to secure these vital changes in our fundamental law in a manner unknown to it, and in a manner which, in my judgment, it is not advisable to adopt. I make no complaint of Virginia. It is the right and privilege of any State to make such a request, but it is none the less unconstitutional.
Shall we be told that Virginia cannot wait, that her people are so impatient that they will not give the country time to consider these important changes in its form of Government? Why should there be such indecent haste? Why not wait a week—month, and even six months, if that time is necessary? Be assured, gentlemen, that no substantial alteration of the fundamental law of this Government will ever be made until it has been discussed and considered by the Press and the people in all its details. The thing is impossible!
I have a few words to say for New York, as I said in the commencement—for the New York of the present day. Where, I ask, is the gentleman's (Mr. GRANGER) warrant of attorney to speak for the people of that State? Where is the evidence upon which he founds the assertion which he makes on this floor that New York will adopt the propositions to which he refers? Let me assure you, gentlemen, that the political principles of the people of New York do not sit thus lightly upon their consciences. They gave a heavy republican majority at the last Presidential election, not because they were carried away upon collateral issues, but because the principles of the Chicago Platform met their approval—because they thought the time had come when the destinies of this nation should no longer be left in the hands of men who would use them only to promote the interests of one section of the Union. Do not mistake, sir, the effect of that great demonstration! The people of New York were in earnest; they went into the election with a strong, determined purpose, and it is too late now to misconstrue or misunderstand that purpose. They were not influenced by collateral issues. Their action was upon the great principles involved. They believed that the platform of the Republican party embodied the true principles upon which the Government should be conducted, and they said so. You will find that their minds are to-day unchanged.
But the gentleman says, the result of recent elections shows that a change in their minds has taken place; that it indicates a strong wish on their part for conciliation and peace. Sir, I deny that such a change has taken place. There may have been slight changes in a few cities where the whole power and strength of the Democratic party has been put forth. But the country, upon the great issues before it, is unchanged. The county of St. Lawrence has just elected every Republican candidate for supervisor. In other counties, nearly the same unanimity prevails. The great heart of the country is still loyal and Republican.
And, sir, these threats of dissolution will all react against you. They operated in the Presidential election only in one way. I have no doubt that these threats gave Mr. LINCOLN five thousand votes in New York City alone. The people are sick of them. They know that if they once yielded to them, they would be forced to do so again. They do not like these insinuations against the Government involved in the propositions made here. If you wish them to be considered favorably by the people of New York, you must send them out free from all suspicion of duress or intimidation; you must permit them to be examined, discussed, and dissected here, by the representatives of New York and of every other State. I am opposed decidedly to cutting off or limiting these discussions. Let all parties be heard; give them time, and time enough, to deliberate, and the result will be peace and harmony to the country.
Mr. RIVES:—I rise for the purpose of answering some of the observations of the gentleman from New York; and first of all I wish to say a word about the motives and purposes of Virginia in calling this Convention. She has called this Convention together because she believed it would exert a powerful influence for the safety and honor of the country, and the perpetuity of its institutions. She is met in limine with the reproach that her action is unconstitutional. How unconstitutional?
Is not our Government based upon the sovereignty of the people? Is not that the idea upon which this Government rests? And when the people act, are they to be told that their action is unconstitutional or improper? Cannot Virginia and her people, acting through their representatives, suggest the means of amendment or improvement in our Constitution to Congress?—the Congress which represents the people, and whose members are servants only of the people? Can she not call together a convention of this kind and suggest measures to be considered by it for the purpose of saving an imperilled country? Virginia knew well that this was to be an advisory Conference merely. She invited commissioners from all the States to come here and present their views, to compare and discuss them, to devise measures for the benefit of the country, in the same way that any assemblage of the people may lawfully do. Has the gentleman looked into the history of our present Constitution? Virginia did the same thing previous to the adoption of that Constitution, which she is doing now.
Some State must invite a Conference, if one is to be had. If it was proper that Virginia should do it before the adoption of our present Constitution, it is eminently proper that she should do it now. There are occasions, sir, in the history of nations, when men should rise far above the rules of special pleading. This is one of them. Let the gentleman look into the history of the old articles of Confederation; let him read the debates which arose upon their adoption. Virginia originated measures then, far more important than any before us now; and there were gentlemen then, who took the same ground that gentlemen do now, who sought by the use of dilatory pleas, by interposing objections, temporary in their nature, to prevent and delay action upon the great national questions then under consideration. Now, in a time of great peril, when the whole country is convulsed, when the existence and perpetuity of the Government is in danger, Virginia has invoked her sister States to come here and see whether they cannot devise some method to avoid the danger and save the country.
In the preamble to the first ten articles of Confederation, there is to be found an express reference to the action of the State Legislatures in initiating proposals of amendment. Every amendment that has hitherto been made to our Constitution originated with the people, and directly or indirectly through the action of State Legislatures. What purpose can gentlemen have in interposing these dilatory pleas, objections merely for delay, when we all know that Congress is now waiting for—actually inviting the action of this Conference?
Senator COLLAMER, in his speech already referred to, makes the distinct proposition, that when any considerable portion of the people (certainly a much smaller portion than is here represented) desire to have amendments submitted, it is the duty of Congress to propose them, and to do so without committing that body either for or against them. Governor CORWIN, also of the Congressional Committee of Thirty-three, having this subject in charge, is understood to have stated that the committee desire to consider the propositions which may here be adopted.
Now, as I said, these dilatory objections were interposed previous to the adoption of our present Constitution.
Mr. NOYES:—Are we to understand that Virginia then asked for a General Convention to consider amendments to the Constitution?
Mr. RIVES:—No! The Annapolis Convention met. The invitation under which that body was convened was addressed to all the States. Five only responded, and they proposed a General Convention of all the States, to meet at Philadelphia. Virginia was the first to act and to appoint her delegates. I repeat, that the same objection was then urged, that Congress or the States should propose the amendments. The first Convention was just as unconstitutional as this. The two cases were perfectly alike. The crisis is infinitely more important now than it was then. Then, there was no disintegration of the States. They still held firmly together. How are we now? Seven States are out of the Union. The Union is dissolved! Virginia loves the Union. She cherishes all its glorious memories. She is proud of its history and of her own connection with it. But Virginia has no apprehension as to her future destiny. She can live in the Union or out of it. She can stand in her own strength and power if necessary. Her delegates come here in no spirit of supplication, nor do they propose to offer any intimidation. She has called you here as brothers, as friends, as patriots. If the future has suffering in store for Virginia, be assured all her sister States must suffer equally.
Mr. PRESIDENT, the position of Virginia must be understood and appreciated. She is just now the neutral ground between two embattled legions, between two angry, excited, and hostile portions of the Union. To expect that her people are not to participate in the excitement by which they are surrounded; to expect that they should not share in the apprehensions which pervade the country; to expect that they should not begin to look after the safety of their interests and their institutions, were to expect something superhuman. Something must be done to save the country, to allay these apprehensions, to restore a broken confidence. Virginia steps in to arrest the progress of the country on its road to ruin. She steps in to save the country. I am here in part to represent her. I utter no menace; intimidation would be unworthy of Virginia, but if I perform my duty I must speak freely. The danger is imminent, very imminent.
Our national affairs cannot longer remain in their present condition; it is impossible, absolutely impossible that they should. My Republican friends, will you not take warning? Were there not pretended prophets of old, who cried, "Peace! Peace! when there was no peace"? Political prophets to-day say there is no danger. Have their counsels been wise heretofore? Can you not see that there is danger, and imminent danger in them, now?
Look, sir, at our position! I mean the position of the loyal South. By the secession of these States we are reduced to an utterly helpless minority; a minority of seven or eight States to stand in your national councils against an united North! It is not in the nature of the Anglo-Saxon race thus to stand in the face of a dominant and opposition party. Were the case reversed, you would not do it yourselves. We cannot hold our rights by mere sufferance, and we will not; we do not ask you to hold yours in that way. If the other States had kept on with us—had remained in the Union—we might have secured our rights in a fair contest. Now other paths are open to us, and one of these we must follow.
I desire to say a word in answer to the propositions of my honorable friend from Connecticut. What did he tell us? He said that this was a self-sustaining Government; a Government that possessed the power of securing its own perpetuity, and one that must not yield or make concessions. Sir, let me say that ideas, that principles, that statements of that kind have led to the downfall of every Government on earth which has ever fallen. What but ideas and language of this kind, forced our colonies into rebellion, and lost America to the British crown?
Sir, I have had some experience in revolutions in another hemisphere—in revolutions produced by the same causes that are now operating among us. What causes but these led to the two revolutions in France? One of them I saw myself, where interest was arrayed against interest, friend against friend, brother against brother. I have seen the pavements of Paris covered, and her gutters running with fraternal blood! God forbid that I should see this horrid picture repeated in my own country; and yet it will be, sir, if we listen to the counsels urged here!
It is too late to theorize, too late to differ theoretically. I do not believe in the constitutional right of secession. I proclaimed that, thirty years ago in Congress. I have always adhered to my opinions since. But we are not now discussing theories; we are in the presence of a great fact. The South is in danger; her institutions are in danger. If other excuses were necessary, she might justify her action in the eyes of the world upon the ground of self-defence alone.
I condemn the secession of States. I am not here to justify it. I detest it. But the great fact is still before us. Seven States have gone out from among us, and a President is actually inaugurated to govern the new Confederation.
With this fact the nation must deal. Right or wrong, it exists. The country is divided. Wide dissensions exist. A people have separated from another people. Force will never bring them together. Coercion is not a word to be used in this connection. There must be negotiation. Virginia presents herself as a mediator to bring back those who have left us.
The border States are not in revolt; and by border States I mean States on both sides of the border. They are here, and they came here to unite with you in measures that will reunite the country, and save it from irredeemable ruin.
There was one observation of the gentleman from Massachusetts that surprised me. He complained of Virginia for thrusting herself between the Republican party and its victory. It is not so.
Mr. BOUTWELL:—I said that Massachusetts thought her action had that appearance.
Mr. RIVES:—Let me say to you, Republican gentlemen, we wish to make your victory worthy of you. We wish to inaugurate your power and your administration over the whole Union. We wish to give you a nation worth governing. Do us at least the justice of supposing we are in earnest in this. We are laboring to relieve you from the difficulties that hang over you. War is impending. Do you wish to govern a country convulsed by civil war? The country is divided. Do you wish to govern a fraction of the country? Behold the difficulties that you must encounter. You cannot carry on your Government without money. Where is the capitalist who will advance you money under existing circumstances?
Gentlemen, believe me, as one who has given no small amount of time and careful reflection to this subject, when I tell you that you cannot coerce sovereign States. It is impossible. Mr. HAMILTON'S great foresight made him assert that our strength lay in the Government of the States—of the undivided States. Look at New York. She herself is a match for the whole army of the United States. Look at the South. She stands now almost upon an equality with you. You may spend millions of treasure, you may shed oceans of blood, but you cannot conquer any five or seven States of this Union. The proposition is an utter absurdity. You must find some other way to deal with them. In the wisdom of the country some other way must be found.
Several gentlemen have referred to our army and our navy. As a citizen of the United States, I am proud of both. I am proud of the country they serve. I have enjoyed at times her honors, at others endured her chastisements. I respect the power which our army and our navy give to our nation, but our army and navy are impotent in such a crisis as this.
Mr. PRESIDENT, even England herself has been shaken to her centre by rebellions in her North with which she has been forced to contend. In Paris, too, I have myself seen regiment after regiment throw down their arms and rush into the arms of the people, of their fellow-citizens, and thus oppose, by military strength, the government under which their organization was formed. Will you repeat such occurrences here? Will you 'destroy the imperishable renown of this nation'? No! I answer for you all—you will not. Now, we, representatives of the South and of Virginia, ask of this Convention, the only body under heaven that can do it, to interpose and save us from a repetition of the scenes of blood which some of us have witnessed.
Our patriotic committee have labored for two weeks—have labored earnestly and zealously. Their report, though not satisfactory to Virginia in all respects, will yet receive her sanction, and the sanction of the border States. The representatives of Virginia know they are yielding much, when they tell you that they will support these propositions. We will do it because they will give peace to the country. Now, sir, when we are just in sight of land, when we are just entering a safe harbor, shall we turn about and circumnavigate the ocean to find an unknown shore? No, sir! no! Let us enter the harbor of safety now opened before us.
Mr. PRESIDENT, I know Massachusetts well. She is a powerful Commonwealth. She has added largely to the wealth, the power, and glory of this Union. I respect the gentleman who has addressed this Convention in her behalf; but when he went out of his way and stated that he abhorred slavery, the statement grated harshly on my ears. We of the South, we of Virginia, may not and do not like many of the institutions of Massachusetts, but we cannot and we will not say that we abhor them.
Let me recall to the gentleman from Massachusetts who has addressed us, a fact from history. Let me show him that his own State was powerful in colonial times in extending the time for the importation of slaves! Let me tell him that his State has helped to fasten the institution of slavery upon a portion of this nation. Is it for a son of Massachusetts now to complain of the result of the acts of his own State? Is it for him to use these reproaches, which, if not ungrateful, are at least wanting in charity? It was a representative of Massachusetts, Mr. GORHAM, through whose motion and influence the time for the importation of slaves was extended in that period of our colonial history. Virginia ever, in every period of her colonial existence, exerted herself to close her ports against the importation of slaves. It was the veto of her Royal Master alone that rendered her efforts nugatory. It was New England that fastened this institution upon us. Shall she reproach us for its existence now?
Mr. BALDWIN:—At the time of the adoption of our present Constitution, it was well understood that Georgia and South Carolina would not enter the Union without slavery. The only question then was, should slavery have an existence inside the Union or out of it.
Mr. RIVES:—No, sir! The gentleman is mistaken. In the Constitution, as first proposed to the Convention, an unlimited right was given to import slaves. Mr. ELLSWORTH declared that it would be an infraction of State rights to prohibit this importation. New England, engaged in commerce, found an advantage in the right of importation, and she endeavored to force it upon the South.
I regard the present course of New England as very unfair. She is herself responsible for the existence of slavery—she is now our fiercest opponent; and yet New Jersey and Pennsylvania, who have not this responsibility, have always stood by the South, and I believe they always will.
It is not by abhorring slavery that you can put an end to the institution. You must let it alone. We are responsible for it now, and we are willing to stand responsible for it before the world. We understand the subject better than you do. It has occupied the attention of the wisest men of our time. In fact, it is not a question of slavery at all. It is a question of race. We know that the very best position for the African race to occupy is one of unmitigated legal subjection. We have the negroes with us; you have not. We must deal with them as our experience and wisdom dictate; with that you have nothing to do. The gentleman from Massachusetts may congratulate himself that there are no negroes in that Commonwealth. I ask him what he would do, if he had the race to deal with in Massachusetts as we have it in Virginia?
I said, twenty years ago, in the Senate of the United States, and my whole experience since having confirmed the truth of the statement I repeat it now, that candid minds cannot differ upon this proposition, that the present position of the negroes of the United States is the best one they could occupy, both for the superior and inferior race.
And to the people of New England I have this to say: Your ancestors were most powerful and influential in fastening slavery upon us. You are the very last who ought to reproach us for its existence now. We do not indulge reproaches toward you. It is unpleasant for us to receive them from you. Their use by either can only serve to widen the unhappy differences existing between us. Let us all drop them, and, so far as we can, let us close up every avenue through which dissensions may come. We call upon you to make no sacrifices for us. It will cost you nothing to yield what we ask. Say, and let it be said in the Constitution, that you will not interfere with slavery in the District, or in the States, or in the Territories. Permit the free transit of our slaves from one State to another, and in the language of the patriarch, "let there be peace between you and me."
Let us all agree that there shall be landmarks between us; the same which our fathers erected. Let us say that they shall never be removed. I think upon this point I can cite an authority that will command universal respect. I discovered it in my researches into the history of the very Constitution we are now considering.
Mr. RIVES here read an extract from a letter written by Mr. MADISON after his retirement from public life. I have not a copy of this letter, but the substance of the portion read by Mr. RIVES was a statement by Mr. MADISON, that upon the passage of the Missouri Compromise, President MONROE was much embarrassed with the question of the constitutionality of the prohibition clause; that he took counsel with Mr. MARTIN, who declared that, in his judgment, Congress had no power over the subject of slavery in the territories.
Mr. JAMES:—Will you leave that question just where the Constitution leaves it, upon your construction of that instrument? If so, we will agree to give you all necessary guarantees against interference.
Mr. RIVES:—No! I will not leave it there, for it would always remain a question of construction. I prefer to put the prohibition into the Constitution.
The gentleman from Massachusetts speaks for the North. Massachusetts does not constitute the North. I venerate the Commonwealth of Massachusetts. I have many friends there. I look with pride upon her connection with the Revolution; upon her public men, her manufactures, her public institutions. Her people who have accomplished so much, will not turn a deaf ear to our wants now. We wish to go to her people and obtain their judgment upon our propositions. But Massachusetts is not all the North. Rhode Island constitutes a part of it. She has always spoken for us. She will speak for us to-day. What does New Jersey say? What does the great State of Pennsylvania and the greater Northwest say? Surely they do not echo the sentiments of the gentleman from Massachusetts. They are with us, and we will trust to them.
I dislike this way of answering for sections of the country. I have heard similar language from Mr. CALHOUN. He was fond of saying, "The South says—The South thinks—The South will do," this or that. I did not like it then. It stirred up all the rebellious sentiments of my nature; for I knew the statement was not true. I do not like such language better now. Let the people of Massachusetts speak. I know they will not refuse to fulfil the compact of their fathers.
We are brothers. I feel we can settle this important question which portends over us like an eclipse; we can leave this glorious country to our posterity. Once more let me refer to the noble and eloquent counsels of MADISON, and I am done. As children of the same family, as fellow-citizens of a great, glorious, and proud Republic, he invoked the kindred blood of our people to consecrate our common Union, and to banish forever the thought of our becoming aliens.
Mr. EWING:—I have never in any manner countenanced the discussions of slavery and the questions connected with it, at the North. I have always, so far as possible, discouraged those discussions. No good can possibly come from them. Is the North the censor morum of the South? We have faults enough ourselves; let us consider and try to correct them, before we interest ourselves so much in those of our neighbors.
If there was any danger that slavery would be extended at the North, I would oppose its extension there, and I would teach my sons to oppose it. But this danger has never existed. Does any one fear that slavery will go into New York or Massachusetts? No sane man thinks or ever thought so.
But it exists, and we must deal with it as it is. As one northern man, I do not want the negroes distributed throughout the North. We have got enough of them now. I have watched the operation of this emigration of slaves to the North. Ten negroes will commit more petty thefts than one thousand white men. We cannot permit them to come into Ohio. Wherever they have been permitted to come, it has almost cost us a rebellion. Before we begin to preach abolition I think we had better see what is to be done with the negroes.
Thirty years ago the subject of abolishing slavery was agitated in Virginia. Some of the most eloquent speeches were made in favor of the abolition movement that I ever read. The act providing for gradual abolition, was, I believe, lost by a single vote. I thought then that the result was an unfortunate one. But there is something to be said on both sides of the question. Had the act passed, the negroes would have been sent South, and we should have had plantation slavery, instead of the humane form which now exists in Virginia. But Virginia would have had one great, one powerful advantage. Her power would have increased tenfold. Free labor would have come in to take the place of slave labor, and the banks of the Potomac and the James would have blossomed as the rose.
The North has taken the business of abolition into its own hands, and from the day she did so, we hear no more of abolition in Virginia. This was but the natural effect of the cause. Now, we can never coerce the Southern States into abolitionism. It is not the way to convert them to our views by saying that we abhor their institutions. But these northern men will not listen to reason. They keep on making eloquent speeches—their pulpits thunder against the sin of slaveholding. All grades of speech and thought are made use of, and the sickening sentimentalism of some of them is disgusting. They repeat poetry. They say:
"I would not have a slave to till my ground, To watch me when I wake—to fan me when I sleep;"
and much more of the same stuff!
In this way false ideas are inculcated throughout the North. The whole scheme is full of falsehood. It would be far better for each man to look for the beam in his own eyes before he troubles himself about the mote in his neighbor's.
England, also, has been very fierce in denouncing slavery in this country, and yet we have no slavery or misery to be compared with that existing in the India provinces. It is said that in a single season two hundred thousand of her subjects were starved to death in one province of Hindostan.
I might say the same thing almost of Ireland. Two millions have died there from famine, and God knows how many more would have perished but for the relief sent from this country. I say, and I have abundant reason for saying, that I never have, and I never will, favor any of these denunciations of southern slaveholders and slavery.
Let us rather look at this subject as members of a common family—let us acknowledge our mutual faults. The slave trade was once fostered by the North. That was when it was profitable, and when large fortunes were made in that trade by northern men. When it became unprofitable the North began to denounce it, and to call it sinful. Now, we fastened this institution upon the South, cannot we permit her to deal with it as she chooses?
I do not say that there is a necessary conflict between the white and the black races, but I assert that they cannot unite—that they cannot occupy the same country upon an equality. Our free laborers of the North will not work with slaves or with blacks. I have had experience in this matter, and I know I am right. The only way we can do, is to divide the common territory—divide it fairly, honestly.
Suppose there were two sons who succeeded to a joint inheritance of lands. One says to the other, "Your family is not so moral as mine, therefore your sons shall have none of the lands." Would this be right or honest? Would any one attempt to justify it? And yet this is what extreme men of the North are practically saying to the citizens of the South.
The Missouri Compromise was intended to settle the rights of the respective sections in the territories. The line adopted was not unfair to the North. The same line will answer now. I am for adopting it and arranging this difficult subject finally.
But one and another says, "Don't let us extend slavery." To that I answer, that our action will not make one slave more or less. There is no question of humanity involved in our propositions. I cannot see what question is involved so far as the North is concerned. We need no more territory. We do not want New Mexico. We have territory enough now for one hundred and fifty millions of people, and enough for the expansion of our people for one hundred and fifty years.
If gentlemen are found here who wish to make trouble, who cannot see the peril we are in, and how easily we can avoid the danger which threatens us, I shall be much pained, but not half so much as I shall be, to see this Union broken up and the Government destroyed.
I was surprised to hear the assertion of the gentleman from Connecticut, that this was an unconstitutional assembly. I hear to-day the statement made that it is a revolutionary assembly. If these assertions were true I would not be a member of it for one moment. If revolutionary, it is either treasonable or seditious. But it is neither. These gentlemen forget the constitutional right of petition. We have the right to meet here. We have the right to do just what we are proposing to do, and the right is to be found in the Constitution.
I am surprised, too, at the assertion, that there is a wish here to limit or cut off debate—that this resolution would cut off New York. Would it not cut off Ohio? I have no intention of depriving any gentleman or any State of any right. I do not believe such an intention exists in the Conference.
Mr. MORRILL:—In my judgment many subjects have been considered here, and many things said to the North especially, that are superfluous, and much more that is useless. I have listened to the gentleman from Ohio and to some gentlemen who have preceded him. They have all referred, in terms which I do not choose to characterize, to the action and the opinions of the North.
The gentleman from Ohio refers in strong terms to what he calls the sentimentalism of the North. He has recited poetry which he says is popular there.
Now, once for all, let me ask those gentlemen who are proposing various methods of settling our differences: Do you propose to make war upon the sentiments, the principles of the North? If you do, we may as well drop the discussion here. Our people, and we, their representatives, cannot meet you upon that ground. Our principles cannot be interfered with; we carry them with us always. Our consciences approve them. We can negotiate with you, and treat with you upon subjects which do not involve their sacrifice. If it is your purpose to attack them, you may abandon all other purposes so far as this body is concerned. The people of the North will never sacrifice their principles. It is useless for you to ask them to do so. It is entirely useless for you to urge war upon the sentiments or opinions of the North.
Again; let me tell you there is no disloyalty in the free States. The word dissolution has not been thought of there during the last half century. In all your discussions, in all your action, remember that we are loyal to the Constitution and the Union.
Strong appeals are made here to the free States. You call them by the general name of the Northern States. Gentlemen undertake to pledge different sections to this or that policy. We are told that New York—that Massachusetts—that Pennsylvania will adopt or will not adopt various propositions that are made here.
Sir, in my judgment all such questions are unworthy of our consideration. We spend time to little purpose upon them. The true question here is, "What will Virginia do? How does Virginia stand?" She to-day holds the keys of peace or war. She stands in the gateway threatening the progress of the Government in its attempts to assert its legal authority. Evade it as you may—cover it as you will—the true question is, "What will Virginia do?" She undertakes to dictate the terms upon which the Union is to be preserved. What will satisfy her?
Mr. CLAY:—Has not Virginia spoken? Has she not already told us what she wants?
Mr. MORRILL:—I am coming to that point very soon. I assert again that Virginia must not be misunderstood in this matter.
The peril of the time is Secession. Six States are already in revolution. A distinct confederacy, a new government, has been organized within the limits of the United States.
Does Virginia to-day, frown upon this atrocious proceeding? No! so far from that she affirms that these States have a right to do what they have done. She boasts that she has armed her people, that she has raised five millions of money, and that she will use both to prevent the interference of the National Government with these States, now in revolution. Whether her course will conciliate the free States—whether under such circumstances the free States will negotiate with Virginia or others in her position, I leave for others to consider. It is my opinion that the people of this country will first of all demand the recognition of the supremacy of the Government.
Mr. RUFFIN:—No! I do not understand such to be the position of Virginia. She appeals to both sides to refrain from violence while these negotiations are pending.
Mr. SEDDON:—No! A little farther than that. Virginia will not permit coercion. She has plainly declared she will not. But in the very highest spirit of patriotism, she has asked for this Convention, and she proposes to exhaust the very last means of restoring peace to the Union. This is exactly her position. She hopes, and I hope, that this Convention will interpose to preserve the peace and to save this country from war.
Mr. MORRILL:—I thought I did not misunderstand the position of Virginia. She is armed to the teeth, and she now proposes to step in between the Government and the States. I understand her attitude. It is an attitude of menace. It gives aid and comfort to those who trample upon the laws and defy the authority of this Government.
No action of the Conference can be consummated for months: I might almost say for years. Any propositions we may make must go to the people. They must and will take time for consideration. Endeavor to force their action and you will secure the rejection of the terms proposed. While the people are acting you will have a Government and it must operate. It must operate not upon a section only, but upon the whole country. During this time, does Virginia propose to maintain the position she has assumed? To prevent by force of arms the execution of the laws of the Union in the seceded States? Yes, and we are told that her position is one exhibiting the highest patriotism. In my judgment her position is one of menace, and not of pacification. If I rightly understand her, nothing that is here proposed to be done will satisfy her even if adopted.
And now I wish to ask the gentleman from Virginia (Mr. SEDDON) a plain question, and I wish to receive a frank answer. If this Conference agrees to the amendments proposed by the majority of the committee, will Virginia sustain the Government and maintain its integrity, while the people are considering and acting on the new proposals of amendment to the Constitution? If she will not do this, if this proposition does not meet the heart of Virginia, there is no use—
Mr. SEDDON:—I can let Virginia speak for herself. She has spoken for herself in most emphatic language. She has told you what will satisfy her in the resolutions under which this body is convened. I have no right whatever to suppose that she will accept less. She is solemnly pledged to resist coercion. She will resist it to the very last extremity. She arrived at that conclusion after grave deliberation, and it was attended with every manifestation of concurrence on the part of the people. I have no reason to suppose there was any hesitation at the time, or that there has been any change since, or that there is any hesitation in her purpose now.
Now, if the gentleman wants my private opinion, I will tell him that whether the propositions of the majority of the committee or her own be adopted here, or by the people, the purpose of Virginia to resist coercion is unchanged and unchangeable.
Mr. HITCHCOCK:—I rise to a point of order. It appears to me that this discussion is very foreign to the subject before the Conference. It is so long since that subject has been named, that many have doubtless forgotten it. The question is upon the adoption of the resolution limiting the debate. I think we had better keep to the question.
The PRESIDENT:—The gentleman is undoubtedly correct in his statement of the question, but the discussion of the general subject has been permitted to go on without objection by the Convention, and I do not think it would be right to stop it now.
Mr. SEDDON:—I said the position of Virginia was unchanged. She considers this a Government of love and not of force. She thinks there should be no force or coercion used toward any sovereign State acting in its collective capacity. She does not propose to permit such coercion to be used.
And now, having answered the gentleman frankly, as he desired, I wish to ask him a question, and I wish also an explicit and frank answer. My question is this: Is it the purpose or is it the policy of the incoming administration to attempt to execute the laws of the United States in the seceded States by an armed force? The answer to this question involves information of the utmost importance to my State and others whose interests are involved with hers. It should be at once communicated, and especially to my part of the country. I now ask the gentleman, if he knows what the purpose of the incoming administration is in this respect, to state it here, and now. His relations to some of the officers elected will entitle his opinions to grave consideration. I invite a full and frank answer to my question.
Mr. MORRILL:—There is a point in the gentleman's answer which may as well be met, but I will not be diverted from the question I was discussing. I will show him in a moment why I cannot answer his inquiry from any personal knowledge of my own.
Sir, I was endeavoring to ascertain what was the present position of Virginia; to find out what she would accept and be contented. I wanted her to speak emphatically. She has done so. I now understand from Mr. SEDDON, that he has no assurances to give that Virginia will accept the propositions of the committee, and that while any propositions are pending she will resist the enforcement of the laws in the seceded States.
Then let it be understood that Virginia has spoken. That she makes the Crittenden resolutions her ultimatum, that she must have them and all of them, that nothing less will satisfy her. As I said at the beginning of my remarks, it is idle for us to stay here, useless for us to discuss the various propositions which are made here, unless we expect to satisfy Virginia.
It is important for us to understand her position. I do not under-estimate her influence. When the propositions of this Conference are presented to the people of the free States, the first question they will ask is, "Will Virginia adopt them? Will she be satisfied with them?" If she will not, there will be no action upon them. If she will, her position will exercise a powerful influence upon the people of the North in favor of their adoption.
But if Virginia puts her ancient Commonwealth across the path of the Government, if she stands between the administration and the enforcement of the laws, the execution of its official duty, its positive obligations—if this is the manner in which she proposes to mediate, her mediation will be accepted nowhere. Such I understand to be the position she assumes. It is a position of menace.
Mr. STOCKTON:—If the gentleman from Maine wants to get up a row, we are ready for him. He shall have enough of it right here! I should like to know why he makes such charges against Virginia? They are unfounded; we don't wish to hear them.
(There was at this point considerable confusion in the Conference, which was promptly suppressed by the PRESIDENT.)
Mr. MORRILL:—Gentlemen need not be disturbed or excited. I have accomplished my object. I know now what to expect from Virginia; the North will know what the course of Virginia is to be, and we can all act understandingly. I do not propose to waste valuable time in idle discussions in this hall, when we can come to the true point at once. I do not propose to talk around this question, nor to deceive or mislead the Conference. Other gentlemen may think differently, but I now understand Virginia to say, that the Federal authority shall not be reestablished by the ordinary means, (where it is resisted) in certain of the States comprised in the Federal Union.
I will now answer the question of the gentleman from Virginia, in relation to the proposed policy of the incoming administration. I have no personal knowledge upon this subject. Mr. LINCOLN I never saw in my life. I know nothing of his opinions, except from his speeches; but I will say, that if he and his administration do not use every means which the Constitution has given them to assert the authority of the Government in all the States—to preserve the Union, and the Union in all its integrity, the people will be disappointed. I have felt and now feel the importance of the action of Virginia, and I have done what I could to learn here what we may expect from her.
In conclusion, let me say, that unless we can have the earnest concurrence of the slave States in whatever we do, and especially unless we have the heart of Virginia with us, our action will give no peace to the country.
Mr. ZOLLICOFFER moved that the Conference adjourn. The motion was lost by a viva voce vote.
Mr. BROWNE:—I think we have debated these matters long enough. Let us come back to the question before us. Personally I am in favor of limiting debate to the shortest time, for I feel the necessity for prompt action. I think if Mr. RANDOLPH would strike out the latter clause of his resolution, requiring the final vote to be taken on Thursday next, we should have no difficulty in agreeing to it. Its adoption in its present form might cut off some delegation or some gentlemen from speaking at all. I would not do this. Let every one speak, but let the speeches be short. I move to strike out the last clause of the resolution.
Mr. WICKLIFFE:—I did not expect to raise such a storm by introducing this resolution. I now ask to withdraw it and stop the debate.
Mr. MOREHEAD, of North Carolina:—The gentleman cannot do that, as several motions are involved. I object to his proposal to withdraw the resolution. I move to lay the whole subject on the table, and to make it the special order for ten o'clock to-morrow.
The motion of Mr. MOREHEAD was carried.
Mr. SUMMERS:—I move that when the present session of the Conference adjourn, its next meeting be at seven o'clock this evening.
A MEMBER:—Say eight o'clock.
Mr. SUMMERS:—Well, then, let it be eight o'clock. But let me ask you, gentlemen, not to protract or unnecessarily delay our action here.
Mr. PRESIDENT, my heart is full! I cannot approach the great issues with which we are dealing with becoming coolness and deliberation! Sir, I love this Union. The man does not live who entertains a higher respect for this Government than I do. I know its history—I know how it was established. There is not an incident in its history that is not precious to me. I do not wish to survive its dissolution. My hand or voice was never raised against it. They never will be. The Union is as dear to me as to any living man; and it would be pleasant, indeed, if my mind to-day could be as free from fear and anxiety about it, as the minds of other gentlemen appear to be. But, Sir, I cannot shut my eyes to events which are daily transpiring among a people who are excited and anxious, who are apprehensive that their rights are in danger—who are solicitous for—who will do as much to preserve their rights as any people. They must be calmed and quieted. It is useless now to tell them they have no cause for fear. They are looking to this Conference. This Conference must act. If it does not, I almost fear to contemplate the prospect that will open before us.
Sir! this Conference has now been in session fifteen days. While I have felt reluctant to do any thing which should have the appearance of precipitating our action, of cutting off or limiting debate, I have all the time been pressed with this conviction; that if we are to save this country we must act speedily. I have been in constant communication with the people of Virginia since I have been here. I know that this feeling of apprehension which existed when I came away, has been constantly increasing in my State since; and even last night I received letters from members of the Convention now in session in Richmond; gentlemen who are as true to this Union as the needle to the pole, informing me that every hour of delay in this Conference was an hour of danger.
I do not agree with some of my colleagues in their construction of the resolutions of the Virginia Legislature inviting this Conference. I understand that she suggests the resolutions of Mr. CRITTENDEN as one acceptable way of settling our present difficulties. She says that she will be satisfied with a settlement on the basis of those resolutions. But she has not made them her ultimatum. She has not said she will not consent to any other plan of arrangement. Her purpose was not to draw up certain articles of pacification; to call her sister States together, and say to them, "These or nothing! We have dictated the terms upon which the matter between us may be arranged. We will have these or we will not arrange at all!" I understand her as offering no restrictions whatever. She invites a conference—she asks the States to confer together. She expects reasonable concessions, reasonable guarantees, and with these she will be satisfied.
Nor do I know why the gentleman from Maine places Virginia in the position he described, nor upon what authority. I reply to him that he makes a grave assumption when he attributes to Virginia a dictatorial position. I have come here, and I trust my colleagues have also, animated by a single purpose:—that purpose is to save the Union. Virginia claims no greater rights than any other State. She would not take them if they were offered.
Let me say here, that it is my purpose to carry out the wishes of the people of Virginia; that exercising the best judgment I have I shall try to ascertain what that purpose is, and shall do all I can to accomplish it. When the proper time comes I shall cast my vote for the proposals of amendment offered by my colleague (Mr. SEDDON); I shall do so for several reasons. The first and most important of them all is this: The Union is our inheritance—it is our pride. To preserve it, what sacrifice should we not make? Its preservation is the one single desire that animates me. Can I not be understood by my Northern friends? Will you not yield something to our necessities—to our condition? Will you not do something which will enable us to go back to our excited people and say to them, "The North is treating us fairly. See what she will do to make our Union perpetual!"
Again; I shall vote cheerfully for Mr. SEDDON'S propositions, because the Legislature of my State has said that such amendments will satisfy the people of Virginia. I think the Legislature is right. I think in this respect it reflects the will of the people of Virginia. Remember, sir, that these propositions have been for some time before the country, that they have been discussed and commented upon by the public Press—that they will probably settle our difficulties, now and forever. They were introduced into Congress by a distinguished and an able man—a statesman, whose integrity and fidelity no one has ever questioned, and no one will question. It is my firm belief that the States can adopt them without any material sacrifice, and that they will adopt them if they have the opportunity.
But if the CRITTENDEN resolutions—if the propositions of my colleague cannot be recommended by this Conference—do not find favor with the majority here? What then? Shall we dissolve this body, and go home? Shall we risk all the fearful consequences which must follow? No, sir! No! We came here for peace. Virginia came here for peace. We will not be impracticable. You, representatives of the free States, will not be impracticable. Therefore, I tell you that it is my firm belief that the people of Virginia WILL accept the proposals of amendment to the Constitution as reported by the majority of the committee. I believe these propositions would be acceptable to our people. I believe if we should pass them here, that the Convention now in session in Richmond would at once adopt them and recommend them to the people of that honored member of the Federal Union. Can you not? Will you not give us one chance to satisfy our people, and to save us from that other alternative which I almost fear to contemplate?
I feared when the result was announced, that the late election in Virginia of the delegates to the Convention now in session, would be misapprehended and misunderstood at the North: that the North would regard it as a triumph of the Union sentiment in Virginia. In one sense it was such a triumph. The advocates of immediate and unconditional secession were defeated, were defeated by a heavy majority.
But the members comprising that Convention represent the true feeling of the people who elected them, and they represent the present feeling of Virginia. The people of that State are full of anxiety. They fear that the new administration has designs which it will carry into execution, fatal to their rights and interests. They are for the Union, provided their rights can be secured; provided, they can have proper and honorable guarantees. It is useless to discuss now whether they are right or wrong. Such is the condition of affairs now, and it is too late to enter into the causes which produced it. We must deal with things as they are.
I have known many gentlemen who have represented the interests of New England long and well. I know what sentiments filled their hearts years ago, and I do not believe those sentiments are changed now. I appeal to Vermont. Among her representatives here, I see a gentleman with whom, for a long time, I was upon terms of peculiar intimacy. In the whole course of that intimacy I cannot recall a single occurrence which did not impress me with his integrity, his ability, his justice. I appeal to him. I appeal to him by every consideration which can move a friend, which can influence a patriot, which can govern the action of a statesman. I appeal to Massachusetts, to all New England, which I know possesses many like himself; and I ask you to consider our circumstances, to consider our dangers, and not to refuse us the little boon we ask, when the consequences of that refusal must be so awful. Can you not afford to make a little sacrifice, when we make one so great? Can you not yield to us what is a mere matter of opinion with you, but what is so vital with us? Will you not put us in a position where we can stand with our people, and let us and you stand together in the Union? I have no delicacy here. The importance of our action with me, transcends all other considerations. I do not hesitate to appeal to New England for help in this crisis.
If New England refuses to come to our aid, it will not alter my course or change my conviction. In no possible contingency which can now be foreseen shall these convictions be changed. I will never give up the Union! Clouds may hang over it, storms and tempest may assail it, the waves of dissolution may dash against it, but so far as my feeble hand can support it, that support shall be given to it while I live!
When the dark days come over this Republic, and there is nothing in the future but gloom and despondency, I will do as WASHINGTON once said he would do in similar circumstances: I will gather the last handful of faithful men, carry them to the mountains of Western Virginia, and there set up the flag of the Union. It shall be defended there against all assailants until the friends of freedom and liberty from all parts of the civilized world shall rally around it, and again establish it in triumph and glory over every portion of a restored and united country.
Sir, the questions which now agitate and alarm the country do not affect the interests of all sections of the Union, or if they do affect all sections, certainly not in the same proportion. The farther sections are removed from each other, the less do the interests and the principles of their people assimilate. Maine and Louisiana, far distant from each other, differ widely. Approaching the line between the slave and free States all these differences grow less. This is shown by the action of this Conference. The border States can settle these questions. They will settle them if you will let them alone. Pennsylvania and Virginia, Maryland and New Jersey, States along the line, whose people are most vitally interested, can have no difficulty in coming to an agreement. With all the possible political interests which you may have, not only are the relations of society, of business, and commerce, to be interrupted, but these States are to form the long frontier between two foreign nations, if that fearful contingency is to happen, so often and so confidently referred to here.
Why, then, should remote sections interfere to prevent this adjustment? If they cannot aid us, why not let us alone? Let them look along the valley of the Ohio River, one of the most fertile sections of the continent, in itself great enough and fruitful enough to support a nation. It has already a large population, and that population is increasing every day. The people are attached to each other by every tie that binds society together. They now live in harmony and friendship; their property is secure. They are prosperous and happy. Such a people cannot be, must not be divided.
And therefore, I say, that if we are driven to that alternative; if the representatives of the two extremes will not give us the benefit of their counsel and assistance, the Central States, and the great Northwest, must take the matter into their own hands. North Carolina, Virginia, Kentucky, Tennessee, with Pennsylvania, New Jersey, and other States near them, must unite with Ohio and the Northwest to save the country. They have the power to do it—they must do it.
Remember, sir, that I only refer to this as a last alternative. It is one to which I hope and pray we may never be driven. I cannot yet give up the hope, that all we need here is patient and thorough discussion and examination of the subject; that when the true condition is understood, we shall unite together to restore confidence to the country. It must be so. The consequences of farther disagreement are too great, the crisis is too important to permit mere sectional differences, mere pride of opinion, party shackles or party platforms to control the action of any gentleman here. The Republic shall not be divided. The nation shall not be destroyed. The patriotism of the people will yet save the country against all its enemies.
Mr. RUFFIN gave notice, that at the proper time he wished to offer two amendments to the second section of the propositions reported by the committee.[1]
[Footnote 1: Mr. RUFFIN stated the substance of the amendments he proposed in a voice so low, as not to be audible to the greater part of the Conference. They are not to be found in the Journal, nor in the documents printed by order of the Conference, nor were they heard by me.]
Mr. FIELD and Mr. DODGE rose and made motions at the same time.
The floor was given to Mr. DODGE, who moved, that when the Conference adjourn, it adjourn to meet at ten o'clock to-morrow.
Mr. RANDOLPH moved to amend, by inserting half-past ten o'clock.
Several motions were made by different members, and much confusion arose, which was suppressed.
Mr. CHITTENDEN:—We all, no doubt, wish to economize time as much as possible. The prevailing wish seems to be to meet about eleven o'clock to-morrow. That can be accomplished by a simple motion to adjourn, which I make, and which should take precedence of all others.
The PRESIDENT put the motion to adjourn, and declared it not carried.
A MEMBER:—I move to amend Mr. DODGE'S motion, by inserting seven o'clock this evening.
This motion did not prevail, and the question was taken upon Mr. DODGE'S motion, which was adopted, and the Conference then adjourned.
THIRTEENTH DAY.
WASHINGTON, WEDNESDAY, February 20th, 1861.
The Conference was called to order by President TYLER at ten o'clock, and after prayer by the Rev. Dr. SAMPSON, the Journal of yesterday was read and approved.
Mr. HARRIS:—I desire to call the attention of the Conference to the fact, that the time has not yet arrived when the Conference, by its rules, should commence business. The rule is, that the daily session shall commence at eleven o'clock.
The PRESIDENT:—The Conference, previous to its adjournment yesterday, adopted the motion of Mr. DODGE, fixing this hour for the commencement of the present session.
Mr. WICKLIFFE:—I wish to call attention to the 9th rule in the printed list. It has not been adopted by the Conference. It is in here by mistake. The Committee on Rules did not intend to recommend it. I ask now that it be stricken from the record.
Mr. FIELD:—I rise to debate that motion.
Mr. WICKLIFFE:—Then I withdraw it.
Mr. HARRIS:—I wish to offer a preamble and resolutions, and would like to have them read for the information of the Conference. I ask to have them printed and laid upon the table, so that I can move them as an amendment at the proper time.
The resolutions were laid upon the table and ordered to be printed, and are as follows:
Whereas, The Federal Constitution and the laws made in pursuance thereof, are the supreme law of the land, and should command the willing obedience of all good citizens; and whereas it is alleged that sundry States have enacted laws repugnant thereto. Therefore,
Resolved. That this Convention respectfully requests the several States to revise their respective enactments, and to modify or repeal any laws which may be found to be in conflict with the Constitution and laws of the United States.
Resolved, That the President of this Convention is requested to send a copy of the foregoing preamble and resolutions to the Governor of each of the States, with the request that the same be communicated to the Legislature thereof.
Mr. RANDOLPH:—I must now insist upon having my resolution, offered yesterday, considered. Congress is about adjourning, and, if we do not close our labors to-day, we cannot have our propositions acted upon under the rules of the Senate and House of Representatives. They can be kept out on the objection of any member. I do not wish to debate the resolution, and I hope the debate will not be continued in the general manner it was yesterday.
Mr. FIELD:—There seems to be a disposition to stop debate now, after nearly the whole time has been occupied by the other side. Yesterday the whole session was occupied by a general discussion of this question. It is my right to debate it as generally as other gentlemen have done. I shall avail myself of that right. I may not speak thirty minutes, but I will not submit to the imposition of a different rule upon me, if I can avoid it, from that which has been imposed upon others. The first question is on striking out the last clause of the resolution. On that I have nothing to say except that I ask for a vote by States.
A vote by States was then taken, and resulted as follows:
AYES.—Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, Maryland, New York, New Hampshire, Ohio, Pennsylvania, and Vermont—12.
NOES.—Delaware, Kentucky, Missouri, New Jersey, North Carolina, Rhode Island, Tennessee, and Virginia—8.
Mr. CLAY:—I move to lay the whole subject upon the table. It is useless to attempt to stop discussion in this way.
Mr. CHASE:—I call for a vote by States.
The motion of Mr. CLAY prevailed by the following vote.
AYES.—Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts. New York, Vermont, Virginia, and New Hampshire—10.
NOES.—Delaware, Maryland, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, and Tennessee—9.
Mr. McCURDY:—There is really but one question that ought to engage the attention of this Conference. All others may be settled in half an hour. This question is a great one, and assumes a variety of forms. I wish to vote upon it understandingly, and I want some information from the committee which has had it in charge.
I ask that committee whether they are not proposing a change in the Constitution, which, if adopted, will operate as a direct and effectual protection of slavery in all the territories of the United States? This appears to me to be the true question for our consideration. I wish to know what meaning is attached by its friends to one part of the proposed article.
It states that "the status of persons owing service or labor as it now exists shall not be changed by law," &c.; and again, "that the rights arising out of said relations shall be subject to judicial cognizance in the Federal courts according to the common law." The status, then, shall not be changed. By that term I suppose condition is intended. I understand that perfectly. There shall be no law to change the condition, to impair the rights of the slaveholder; but shall there be no law to protect these rights? Now, what is intended by this? Why not make this provision plain, and not leave it open to any question of construction? The ghost of the old trouble rises here, and will not down at the bidding of any man. I believe under this article the institution of slavery is to be protected by a most ingenious contrivance. The common law, administered according to the pro-slavery view, is to be called in for its protection.
Now I ask the chairman of the committee reporting these propositions what he means by the common law? The common law, as we understand it, is the law of freedom—not of slavery. But I do not here propose to discuss that question. I wish to know how the truth really is. How does the committee, how do the friends of this proposition understand it?
By the common law a slave is still a man: a person, and not a personal chattel. He may owe service, as a child to its parent, an apprentice to his master, but he is still a person owing service. He is all the time recognized as a man. As such he may own and hold property, take it by inheritance and dispose of it at pleasure, by will or by contract. All these rights, all the principles on which they are founded, are in direct antagonism to slavery. The argument may be carried much farther, but this is far enough for my purpose. By the slave law, all this is reversed. The master owns the body of the slave, may sell or otherwise dispose of him, may make him the subject of inheritance. The slave loses all the attributes of a person, and becomes property as much as the horse or the ox that feeds at his master's crib. These, in a condition of slavery are the rights of the master over the slave. These rights the common law, under this proposition, is to recognize, protect, and enforce. I believe I am not mistaken in this. What other construction can you give the article? It is a distinct proposal to engraft slavery upon the common law: to declare in the Constitution that slavery is recognized and protected by the common law.
Now, the North has always protested against this. She will never consent to it. She understands all the consequences as well as you. No doubt it would be a great point gained for you, to have the Constitution recognize the institution of slavery as part of the common law. For then slavery goes wherever the common law goes. Its rights under this provision are not confined to the territories. Once established, these may be enforced in a free State just as well. It is the old proposition over again, which has come before the American people so many times under so many different guises. It makes slavery national, freedom sectional. If this is so, if such is the construction which it is intended this section shall receive, why not state it openly? why leave it as a question of construction?
This construction involves other considerations. This new kind of common law is to be substituted for the old. The latter has been understood for centuries almost. Its principles have been discussed and settled. It is a system founded by experience, and adapted to the wants of the people subject to it. Its very name implies that it was not created by legislative authority. A strange common law indeed that would be which is created by the Constitution.
But this is not all. Other principles of the common law are subject to change. They are adapted to the advance of civilization, to the wants of communities. Change is the universal law of nature. This new kind of common law is alone to be perpetual.
It is not my purpose to enter into a general discussion of the subject. This point struck me as important, as needing elucidation. If I am wrong in this construction, the committee will correct me.
Mr. EWING:—The proposition contained in the first article of the proposed amendment, is copied from the CRITTENDEN resolutions in substance. It is true that the language is somewhat changed, but the legal effect is identical in both the propositions. The term "status" &c., as there used is not applicable to all the territory of the United States. It only extends to that portion of the territory south of 36 deg. 30'. It crushes out liberty nowhere. It changes nothing—no rights whatever. Again, whatever may be the status of the person in the State from which he comes, that is preserved in the territory, and that alone. It is precisely similar to the case of a contract to which the lex loci gives the construction, and the lex fori its execution.
I like the common law. I have made it my study. I like the use of this term here. It was a good system when not as perfect as it is now. The common law of England even tolerated slavery until it was abolished. The colliers of the North of England were once, to all intents and purposes, as much slaves as any negro on the Southern plantations, except in the matter of separation of families. I can refer you to a precedent on this subject, which you will find in a book of no very high authority. I mean the novel, Red Gauntlet.
The general principle applicable here is this: Whenever you establish the right—no matter how, if you establish it—the common law asserts the remedy. There is no crushing out about it. The simple proposition is this: Slavery exists already in that little worthless territory we own below the proposed line. Will we agree that it shall remain there just as it is now, so long as the territorial condition continues? That is all. There is no mystery or question of construction about it.
Mr. FIELD:—The questions now before the Conference I suppose arise upon the report presented by the majority of the committee, and upon the motion to substitute for that report the propositions of the minority of the same committee.
I propose to add to this report the three following propositions; and I will read them for the information of the Conference.
I. "Each State has the sole and exclusive right, according to its own judgment, to order and direct its domestic institutions, and to determine for itself what shall be the relation to each other of all persons residing or being within its limits.
II. "Congress shall provide by law for securing to the citizens of each State the privileges and immunities of citizens in the several States.
III. "The union of the States under the Constitution is indissoluble; and no State can secede from the Union, or nullify an act of Congress, or absolve its citizens from their paramount obligations of obedience to the Constitution and laws of the United States."
These additions would render the majority report much more acceptable to the northern people than it is in its present shape, though even then, I am bound to declare, I could not support it. I prefer the substitute. In what I have now to say, I shall not confine myself to a discussion of these propositions, but availing myself of the latitude of debate hitherto allowed to gentlemen who have addressed the Conference in favor of the report of the majority of the committee, I shall endeavor to bring to the notice of this body, more fully than I have yet done, my views upon the general question presented for our consideration.
For myself, I state at the outset that I am indisposed to the adoption, at the present time, of any amendment of the Constitution. To change the organic law of thirty millions of people is a measure of the greatest importance. Such a measure should never be undertaken in any case, or under any circumstances, without great deliberation and the highest moral certainty that the country will be benefited by the change. In this case, as yet, there has been no deliberation; certainly not so far as the delegates from New York are concerned. The resolutions of Virginia were passed on the 19th of January. New York (her Legislature being in session) appointed her delegates on the 5th of February. We came here on the 8th. Our delegation was not full for a week. The amendments proposed were submitted on the 15th. It is now the 20th of the month. We are urged to act at once without further deliberation or delay.
To found an empire, or to make a constitution for a people, on which so much of their happiness depends, requires the sublimest effort of the human intellect, the greatest impartiality in weighing opposing interests, the utmost calmness in judgment, the highest prudence in decision. It is proposed that we shall proceed to amend in essential particulars a Constitution which, since its adoption by the people of this country, has answered all its needs; with a haste which to my mind is unnecessary, not to say indecent.
Have any defects been discovered in this Constitution? I have listened most attentively to hear those defects mentioned, if any such have been found to exist. I have heard none. No change in the Judicial Department is suggested. The exercise of judicial powers under the Constitution has been satisfactory enough to the South. The Judicial Department is to be left untouched, as I think it should be. You propose no change in the form of the Executive or Legislative Departments. These you leave as they were before. What you do propose is, to place certain limitations upon the Legislative power, to prohibit legislation upon certain important subjects, to give new guarantees to slavery, and this, as you admit, before any person has been injured, before any right has been infringed.
There is high authority which ought to be satisfactory to you, that of the President of the United States, now in office, for the statement that Congress never undertook to pass an unconstitutional law affecting the interests of slavery except the Missouri Compromise. Well, you have repealed that. You have also every assurance that can be given, that the administration about coming into power proposes no interference with your institutions within State limits. Can you not be satisfied with that? No. You propose these amendments in advance. You insist upon them, and you declare that you must and will have them or certain consequences must follow. But, gentlemen of the South, what reasons do you give for entering upon this hasty, this precipitate action? You say it is the prevailing sense of insecurity, the anxiety, the apprehension you feel lest something unlawful, something unconstitutional, may be done. Yet the gentleman from Virginia (Mr. SEDDON) tells us that Virginia is able to protect all who reside within her limits, and that she will do so at all hazards. Why not tell us the truth outright? It is not action under the Constitution or in Congress that you would prevent. What is it, then? You are determined to prevent the agitation of the subject. Let us understand each other. You have called us here to prevent future discussion of the subject of slavery. It is that you fear—it is that you would avoid—discussion in Congress—in the State Legislatures—in the newspapers—in popular assemblies.
But will the plan you propose, the course you have marked out, accomplish your purpose? Will it stop discussion? Will it lessen it in the slightest degree? Can you not profit by the experience of the past? Can you prevent an agitation of this subject, or any other, by any constitutional provisions? No! Look at the details of your scheme. You propose through the Constitution to require payment for fugitive slaves: to make the North pay for them. You are thus throwing a lighted firebrand not only into Congress, but into every State Legislature, into every county, city, and village in the land.
This one proposition to pay for fugitive slaves, will prove a subject for almost irrepressible agitation. You say to the State Legislatures, you shall not obstruct the rendition of fugitives from service, but you may legislate in aid of their rendition, thereby implying that the latter kind of legislation will be their duty. You thus provide a new subject of discussion and agitation for all these Legislatures. In the Border States especially, such as Ohio and Pennsylvania, you will find this agitation fiercer than any you have hitherto witnessed; of which you complain so much. You will add to the flame until it becomes a consuming fire.
You propose to stop the discussion of these questions by the press. Do you really believe that in this age of the world you can accomplish that? You know little of history if such is your belief. Free speech is stronger than constitutions or dynasties. You might as well put your hands over the crater of a burning volcano, and seek thus to extinguish its flames, as to attempt to stop discussion by such an amendment of the Constitution. Stop discussion of the great questions affecting the policy, strength, and prosperity of the Government! You cannot do it! You ought not to attempt to do it! |
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