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MR. BAKER'S SPEECE.

and it is eminently desirable and the repeal of. The Fugitive Mr. Crittenden's New Propositions. proper that the dissensions be Slave law ought to be so altered

Mr. Critendeu's

Now Propositions. settled by the Constitutional as to make the fee of the Comprovision which gives equal justice to all sections, missioner equal, whether he decides for or against and thereby restore peace; therefore

the claimant ; and the clause authorizing the person Resolved, That by the Senate and House of Repre- holding the warrant to summon a posse comitatus, to sentatives, the following article be proposed and be so as to restrict it to cases where violence or ressubmitted as an amendment to the Constitution, cue is attempted. The laws for the suppression of which shall be valid as part of the Constitution, the African Slave-trade ought to be effectually exwhen ratified by the Convention of three-fourths of ecuted. the people of the States :

In submitting this second proposition for First, In all the Territories now or hereafter ac- settlement, Mr. Crittenden said something quired north of lat. 36 deg. 30 min. Slavery or involun- must be done to avert the impending calamtary servitude, except for the punishment for crime, ity. Congress would be covered with shame is prohibited ; while in all the Territory south of that if it did not offer to the country some remedy latitude Slavery is hereby recognized as existing, and shall not be interfered with by Congress, but for the crisis. The sacrifice asked for really shall he protected as property by all departments of was comparatively trifling. The peace and the Territorial Government during its continuance. safety of a great country were never purAll the territory north or south of said line, within chased so cheaply. He would appeal with such boundaries as Congress may prescribe, when it confidence to the people. They have the contains a population necessary for a Member of greatest interest in the government. He had Congress, with a republican form of government, confidence that the people would give good shall be admitted into the Union on an equality with advice. The resolutions were laid over, when the original States, with or without Slavery, as the Mr. Baker, having the foor, resumed his Constitution of the State shall prescribe.

speech. He insisted that the attack on the Second, Congress shall have no power to abolish Slavery in the States permitting Slavery.

men of the North, for action in regard to the Third, Congress shall have no power to abolish Territories, was unjust, for men of all classes Slavery in the District of Columbia while it exists in in the North believed Slavery the creature of Virginia and Maryland, or either ; nor shall Con- local law. He quoted from Gen. Cass's speech gress at any time prohibit the officers of the Govern- at Detroit, in 1854, against the so-called docment or Members of Congress, whose duties require trine of equality. Also from that of Senthem to live in the District of Columbia, from bring. ator Hunter before the Breckenridge Club, at ing slaves there or holding them as such.

Charlottesville, admitting that the opinion of Fourth, Congress shall have no power to hinder the South, in regard to the transportation of slaves from one State to ano-Slavery, had changed, and

Mr. Baker's Speech, ther, whether by land, navigable rivers or sea,

concluded.

that her opinion was against Fifth, Congress shall have power by law to pay an the repeal of the Missouri Compromise, and owner who shall apply the full value for a fugitive for the extension of the system. Mr. Hunter slave in all cases when the Marshall is prevented from discharging his duty by force or rescue made and Mr. Benjamin both interrupted him whilst after arrest. In all such cases, the owner shall have speaking. Mr. Benjamin making important power to sue the county in which the violence or

admissions, as, for instance, that he did not rescue was made, and the county shall have the complain of Congress, but of the States. He said right to sue the individuals who committed the that it was cause for dissolution that the Rewrong in the same manner as the owner could sue. publican party intended to surround the Slave

Sixh, No further amendment or amendments shall States with Free States, and thus force emanaffect the preceding articles, and Congress shall cipation. This admission reduced the entire never have power to interfere with Slavery in the catalogue of complaints into a prospective danStates where it is now permitted. The last resolution declares that Southern States ger. It had much effect upon the Senate, and have a right to the faithful execution of the law for

strengthened the sentiment of the Republicans the recovery of slaves ; and such laws ought not to against concession, on the Territorial question. be repealed or amended so as to impair their efficien

Mr. Baker replied to these admissions, that cy. All laws in conflict with the Fugitive Slave law it was a necessity for Slavery in America to it shall not be deemed proper for Congress to ask be circumscribed by Free States to the North

and West. If the institution | lect the revenue: “And above all let the Mr. Baker's

was guaranteed the rights laws be maintained, and the Union be preSpeech.

of extension, it would be served." He closed with the words of Webagainstnot only the sentiment of the large ma- ster's speech in reply to Hayne. jority of the American people, but also against We have given this reply of the Oregon the sentiment of the world. He claimed that Senator to Mr. Benjamin's speech quite at the North were allies of the South, and length, for the reason that it so freely exthat they were bound to return slaves. France, pounded the Republican view of the points England or Russia would not do that. If raised, and forced upon the country, by the the slaves should revolt the North would be South. The reply had a large circulation bound to assist the South, and would do it. among the people, and quite generally comHe argued that the right of free speech could manded the approval of the speaker's party not be controlled in a free country, or a free for its manner and matter. press, which was a greater safeguard to a Mr. Douglas then having the floor, asked free country. He would not restrict these to that the report of the Committee of Thirteen avert civil war, or, maintain Slavery. The be taken up. He said that he adverted to great principle of free Government would that report with as great pain as any act of not be surrendered. Come weal come woe, his life had caused. The Committee could Slavery shall never be extended by the pow- not agree. In order to see why no plan of ers of the Government of the United States. compromise could be adopted, it would be He would not yield one inch to secession, but necessary to go back to the there were things which he would yield, late election. He said the Mr. Douglas' Speech. among them the repeal of the Personal Lib- history of the country proverty bills, should the Supreme Court pro- ed that all agitation on the subject of Slavery nounce them unconstitutional. Mr. Clay had followed its introduction into Congress for said, and he would say, yield not one inch or legislation. The compromises had, for their word to secession. He would agree to make purpose, to keep the question out of Conall the Territories Stateş now, and let the gress, and, so long as that was done, there people decide on Slavery, but he would never was peace. The result of the recent election agree to protect Slavery in the name of Free- had brought the South face to face with an dom. Referring to power, he said: Didn't issue which was driving it from the Union. it look a little as though, because the South He said : had lost the offices, they had got up this re " It is folly for any man not to see facts which do bellion? He said, after all, he had great con-exist. The result of the recent election, in connecfidence in the loyalty of the people at the tion with all the circumstances with which it is surSouth. He heard loyal sentiments every- the conviction that it is a fixed policy of the domi

rounded, have led the people of the South to form where, and could see the clouds breaking, nant party of the North to invade and destroy their and he was not without the hope that, with constitutional rights, and they are ready to rush, time to allow the feverish heat to evaporate, rashly I think, into all the horrors of revolution and the Union would yet remain safe, if trusted disunion, rather than to submit to what they think to the hands of the people. The Senator the impending blow which hangs over them. from Louisiana had said that a State actually The harshest thing I have said of the Republican had seceded, and we must acknowledge its party was that they intended to use the power of the independence, or make war. He said he Government with a view to the ultimate extinction would not acknowledge its independence, of Slavery, not only in the Territories, but in the and said he thought it no very strange thing States of the Union, I have said, and have believed if a great Government had sometimes to en

it, and I would rejoice now to be corrected, that it is force law. He quoted the ordinance of Gen- the Territories of the United States, now owned, or

the policy of this party to prohibit Slavery in all eral Jackson in regard to collecting the rev- hereafter acquired, with a view to surrounding the enue when South Carolina once before re-Slave States with a cordon of Abolition States, and volted, as an answer to the Senator from thus keep Slavery confined till the number increases Louisiana, when he asked how we would col- | beyond the capacity of the soil to feed them, and

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MR. DOUGLAS'S SPEECH.

159

thus force them to die of starv- der it impossible for you to do Mr. Douglas' ation, as a means of getting rid so? But we are told that the

Mr. Douglas' Speech.

Speech of the evil of Slavery in the Union must be preserved, and name of humanity and Christianity. I have said that law must be enforced. I agree to that. I am in favor in Illinois, in the Abolition portions of the State, but of doing all these things, according to the Constitunever said it in a Slave State. I have always been tion and the laws. No man will go further than I to exceedingly mild in speaking of that party in the save the Union and enforce the laws, to put down reSlaveholding States. But, inasmuch as I did not get bellion and insurrection, and to use all the power a direct answer from the Senator who makes the conferred by the Constitution for that purpose. But charge against the Northern Democracy, I will refer we must look the facts in the face. We must take noto the sentiments of the President-elect, and see tice of those things whose existence cannot be dewhat he says on that subject.

nied. History teaches us that rebellion often beMr. Douglas then referred to the report of comes successful; revolution and the greatest repub. the speeches of Mr. Lincoln, in his canvas of lics and proudest monarchies have found it necessary

to recognize the existence of a Government de facto Illinois, in 1858, against Mr. Douglas, quoting from his several declarations on the question the condition of the American colonies for seven

in the rebellion of States and provinces. Such was of Slavery in the Territories [See pages 141,

years after the Declaration of Independence. At 142). He then continued :

first, it was rebellion, and rebellion was treason. A "When the Republican Committee publish an edi- few months afterward, it was revolution and a Gov. tion of Mr. Lincoln's speeches containing sentiments ernment de facto at Philadelphia, Mr. Hancock, Preslike these, is it surprising that the people of the ident, and Washington, Commander of the Armies. South think he was in earnest, and intended to carry Rebellion had ceased, and revolution taken its place. out the policy which he then announced ? I should The American colonies were in revolt, had Governnot revive such revolutionary sentiments, but for the ments de facto, and Great Britain, proud as she was, attempt to cast the responsibility upon the Northern was compelled to recognize the existing state of Democracy, clearly intimating that Mr. Pugh and facts. The laws of nations and all the laws of civilimyself were the chief authors of these misrepresent-zation demanded that the Government de facto be acations. I would like to find any one man, on that knowledged. But the laws must be enforced. In side of the Chamber, in the confidence of the Presi our system of Government the laws are to be endent-elect, who would deny that it is the policy to forced by civil authority, assisted by the militia and carry out the very things to which I have referred. posse comitatus, when the Marshal is resisted. If the I feel bound, however, and take pleasure in saying, colonies, or a State, revolt, the revolution is comthat I don't believe the Southern States are in any plete when the Federal authorities are expelled, and danger, or ought to have any apprehension, that Mr. no one man left to acknowledge allegiance to the Lincoln or his party can do any harm or render in- United States. How are you going to enforce the secure their rights to persons or property anywhere laws then? How are you going to do it in South in this country. I have some faith, too, that Mr. Carolina? She has passed an ordinance of secession. Lincoln, after having emerged from the surround- I deny her right to secede, but she has done it. The ings of a small country village, and assumed the revolution is complete. She has no human being in high responsibilities of administering the law, and her borders to acknowledge our authority. This is protecting the rights of a great nation, will sink the all wrong, but how are you going to help it? * partisan in the patriot, and abandon the extreme "I deny that we have the right to make war in doctrines, and step forward and avow his willingness order to regain possession, in order to enforce the to save the country by repudiating the extreme doc- laws. Are we prepared for war? I do not mean trines of a party. But be that as it may, neither he prepared in the sense of having soldiers, arms, and nor his party will have power to invade the rights munitions ; but are we prepared in our hearts for of any State in this Union.

war with our brethren? While I affirm that the In the name of the Union, who are the Disunionists? Constitution was intended to form a perpetual Union Those who pursue a line of policy calculated to de- —while I affirm the right to use all lawful means to stroy the Union, and refuse to arrest that policy, or enforce the laws-yet I will not meditate war, nor disavow that purpose, when they see that revolution tolerate the idea, until after every effort at adjusthas taken place. If such be not your policy, why ment has been tried and failed, and all hope of the not say so? If you never intend to do what the Union is gone. Then, and not till then, will I deliSouth think is your purpose, and which you do not berate and determine what course my duty will reblame them for thinking, what harm is there in mak-quire of me. I am for peace, to save the Union. ing such amendments to the Constitution as will ren-War is disunion, certain, inevitable, final, and irre

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versible. Our own very existence forbids war. He believe there is, so much the greater the necessity referred to the purchase of Louisiana, and said it. for removing the misconception. Are you so elated was purchased for the benefit of the whole Union, with the pride of your recent triumph, or pride of and for the safety of the Upper Mississippi in par- opinion, that you cannot remove an unfounded apticular. The possession of that river is more neces. prehension, when it is rushing ten millions people sary now than it was then. We cannot expect the into disunion, and breaking up the Government of people of the interior to admit the right of a foreign our fathers, and leaving us, hitherto a proud RepubState taking possession of that river. He also re- lic on earth, to become a byword among the naferred to the purchase of Florida and the amounts tions? I still entertain the hope that this questionpaid, and asked if she could go out now. The Pre may be adjusted, although the indications are that sident, in his message, first said we could not coerce blood will be shed, and war will rage before gentle. a State to remain in the Union, but in a few senten- men fully appreciate the crisis through which we ces he advised the acquisition of Cuba. As if we are passing. I don't think my nerves are any weaker should pay $300,000,000 for Cuba. and then the next than ordinary, nor do I think there is much courage day she might secede and re-annex herself to Spain, in shutting the eyes in the face of danger, and then and Spain sell her again. He had admitted that saying you do not see it. Every man must see it, Texas cost us a war with Mexico, and 10,000 lives; and hear it, and breathe it. The atmosphere is full and, besides, we had paid Texas $10,000,000 for land of it. I have determined that I will do all that is in which she never had owned !

my power to rescue the country from such a dreadIn his opinion, we had reached the point when disu- ful fate. But I will not consider this question of war nion was inevitable unless a compromise, founded till all hope of peaceable adjustment fails. Better, on concession, can be made. He preferred compro- a thousand times better, that all political armies be mise to war, and concession to disunion. No com- disbanded and dissolved. Better that every public promise would be available which does not carry man now in existence be consigned to retirement the question of Slavery beyond Congress. He said and political martyrdom, than this Government he had voted for the proposition of the Senator from should be dissolved, and this country plunged in Kentucky (Mr. Crittenden's), and was ready to vote civil war. I trust we are to have no war for a platfor it again. Why cannot the Republicans unite on form. I can fight for my country, but there never the Missouri Compromise line? They had heaped was a political platform that I would go to war for. curses enough on his head for repealing it, to be I fear if this country is to be wrecked, it is to be glad now to reestablish it. He had helped to sup- done by those who prefer party to their country. port that measure until he was compelled to aban- Party platforms, and pride of opinion, and personal don it. He was willing to meet on terms of mutual consistency, are the only causes in the way of a concession. He had offered another proposition to satisfactory adjustment of this difficulty. I releave the Territories in statu quo till they have 50,000 peat that, notwithstanding the gloom and the dark inhabitants, and then settle the question themselves; clouds which overhang everything, I do not despair and also provided for the removal of the negroes, if of the Republic, and I will not despair till every the Territory chose, to certain provinces. If the effort shall be found to be of no avail." Republicans do not intend to interfere with Slavery in the States, why not put in an amendment in the

This speech commanded unusual remark. Constitution, so that they cannot do it. There must To the Republicans it was disconcerting, be a settlement of some sort now. It cannot be because it, in effect, threw the onus of the postponed. We are in a state of revolution. It is disunion movement upon them, and proceed

compromise or war. He preferred compromise. ** ing from the leader who had received over . It humbles my pride to see the authority of the Gov- thirteen hundred thousand votes for Presi

ernment questioned, but we are not the first nation dent, it could but be construed as indicative whose pride has thus been humbled. Republics, of a strong public sentiment in the North in empires, and kingdoms alike, in all ages, have been favor of compromise, and opposed to cosubject to the same humiliating fact. But where

ercion. there is a deep-seated discontent pervading ten millions of people, penetrating every man, woman, and Mr. Toombs obtained the floor, when the child, and involving everything dear to them, it is Senate adjourned over to Saturday. time for inquiring whether there is not some canse

During the Saturday's for this feeling. If there be just cause for it, in God's

"Mason's Resolution of name let us remove it, Are we not criminal, in the session Mr. Mason of Vir

Inquiry. sight of Heaven and posterity, if we do not remove

ginia offered a resolution the just cause? If there is no cause, and yet they of inquiry, that tne Secretary of War give the

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Senate a copy of any orders issued from the South, by the commanders-in-chief, and if department to the officers commanding the any action or order was issued in pursuance fortifications in South Carolina since Novem- thereof. Laid over. The day was consumed ber 1st ; also, a copy of any plans or recom- in considering the Pacific Railway bill. Mr. mendations relative to increasing the forces, Toombs, therefore, deferred his speech until or otherwise, in the forts and arsenals in the Monday's session. Virginia, or in any of the States of the

CHAPTER V.

ATTITUDE OF THE NORTHERN AND BORDER STATES IN JANUARY.

THE FIRST BUGLE NOTES OF ALARM.

66

The revolution had progressed, up to Jan-| compromisingly in favor of the Union as it is, thereuary 1st with no further protests than came fore from individuals and meetings of citizens in Resolved, (if the Assembly concur), That the GovNorthern States. With the convention of ernor be and hereby is directed, in the name of the

State of New-York, to tender to the President of the the State Legislatures, however, there came a

United States the services of the militia of the State, louder and more authoritative testimony to

to be used in such manner and at such times as the the Union and the laws. State after State President may deem best to preserve the Union and gathered in council, and but one spirit seem- enforce the Constitution and laws of the country. ed to animate every Free Commonwealth

Resolved, That the Committee on Military Affairs that of a determined resistance to the revolu- be and are hereby directed, to inquire into the con. tionary scheme. One after another they came dition, efficiency, and available strength of the miliinto line, like ponderous frigates, to show tary force of the State and to report to the Senate their armaments and their sides of steel, with at the earliest practicable day, ,what legislation, if which to uphold the cause of the Constitution any, is necessary to render that branch of governand the stability of the Government.

ment fully effective for any exigency that may arise; The “Empire State," vast and if requisite that the said Committee report a bill New York. in her resources, steadfast to raise $10,000,000 to properly arm the State."

in her patriotism, loyal in The “Old Bay State” her duty, met the crisis as became her honor. sent forth her clarion notes Upon the first day of the Legislature's Ses- as soon. Her Legislature sion Mr. Spinola introduced, and had refer- assembled January 2d. The President of the red to a Special Committee of Five, January Senate said, in his opening address :3d, the following:

" While we meet under circumstances auspicious in “ Whereus, Treason, as defined by the Constitution our own State, a deep agitation pervades other parts of the United States, exists in one of the States of of our country, causing every true patriot to feel the Confederacy, and

the greatest anxiety. Disunion is attempted in some "Whereas, It is the religious as well as the patriotic States, because, as is alleged, laws have been passduty of each State in its sovereign capacity, as well ed in others contrary to the Constitution of the Unitas that of each citizen, to make every necessary sa- ed States. Massachusetts is accused of unfaithfulness crifice for the preservation of the Union of States, as in this matter in some of her enactments, although they were united by Washington and his associates, she has always been ready to submit to judicial de

cision, and is so still. She has ever regarded jea" Whereas, The State of New York is now, as it lously the liberty of her citizens, and I trust ever ever has been, and ever will be, unalterably and un- I will. We cannot falter now without disgrace and

Massachusetts,

and

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