,,slavery3 ,,letters ,,and ,,speeches1 ,,by ,,horace ,,mann1 ,,the ,,first ,,secretary ,,of ,,the ,,massachusetts ,,board ,,of ,,education4 ,,boston3 ,,published ,,by ,b4 ,b4 ,,mussey ,,co4 #ahea4 ,entered according to ,act of ,congress1 in the year #ahea1 by ,,horace ,,mann1 ,in the ,clerk's ,office of the ,district ,court of the ,district of ,massachusetts4 ,,stereotyped ,,at ,,the ,,boston ,,stereotype ,,foundry4 ,,to ,,the ,,young ,,men ,,of ,,massachusetts ,,this ,,volume ,,is ,,affectionately ,dedicated ,,by ,,the ,,author4 ,this work comes from one in whose mind present ,memories are taking the place of early ,hopes4 ,it is specially addressed to those in whose minds future ,memories will soon take the place of present ,hopes4 ,hence a fitting occasion presents itself for the statement of a few principles1 by whose unerring guidance the exulting ,hopes of ,youth may always be transformed into the happy ,memories of ,age4 ,the ,youth of all climes and times have a common attribute4 ,the desire of happiness is a universal desire4 ,god fixes this element in the core of life4 ,far back in our moral organization1 before human conduct can come in to control or modify1 this longing for happiness1 this hope of future welfare1 is radicated in the soul2 so that it seems to have been the first attribute which was taken for the constitution of our nature1 and around which the other attributes were gathered1 rather to have been added to the rest as a secondary or incident4 ,the desire of some form of happiness being secured1 as a motive power1 it seems to have been left very much to the option of each individual to select his own objects of enjoyment1 whether noble or ignoble1 and to devise his own means for obtaining them1 whether righteous or unrighteous4 ,the emulous and aspiring youth of a ,free ,people will always find much of their private1 and most of their public welfare1 indissolubly connected with the institutions and laws of their country4 ,in these1 therefore1 their interest is both public and personal2--it pertains to the citizen as well as to the man4 ,all great moral questions1 though touching them but lightly at first1 will come closer and closer home1 as long as they live2--growing into greater importance for their posthumous memory than for their living fame1 and affecting the fortunes of their posterity even more than their own4 ,though all ,young ,men are substantially alike in their desire of well being1 yet1 in regard to the guiding principles by which the objects of hope are pursued1 in order to obtain happiness1 three marked distinctions1 or classes1 exist among them4 #a4 ,there are those who adopt with implicit and unquestioning faith the views of their parents1 or of the circle1 or caste1 into which they were thrown by the accident of birth4 ,they never venture to explore or wander outside of the ideas and opinions among which they were born and bred4 ,for them1 an hereditary boundary encloses thought1 belief1 hope4 ,whether the opinions amid which they live are insular in their narrowness1 or continental in their breadth2 whether they belong to the earth1 came up from the dark regions below1 or descended from the realms of purity above1 they are taken into the receptive soul1 as unfledged birds take whatever food is offered them1 from friend or foe1 with closed eye and opened mouth4 ,even if practically right1 therefore1 they are never rationally right1 for they have never discerned between good and ill2 and all their convictions1 whether true or untrue1 rest upon the foundation of bigotry alone4 #b4 ,the second class look eagerly beyond family or caste4 ,they anxiously inquire what views1 what dogmas1 are in the ascendant among men1--what party predominates or outvotes1 what avowals or professions will most readily open avenues to wealth1 propitiate power1 win patronage1 insure advancement4 ,finding where the preponderance of forces lies1 they attach themselves to the stronger4 ,no matter whether the tide ebbs or flows1 they drift with the current4 ,if popular views change1 they change1 8like a wave driven with the wind and tossed20 like a chameleon1 changing its color with every contact4 ,some of this class1 more sagacious1 though not less false to principle1 than the rest1 ascend an eminence1 whence they can survey the direction of forces1 mark the future point and period of their union1 and then they strike at once for the spot whither those forces are converging ,they1 not less than their fellows1 warp eternal principles to suit the vice of the hour1 only it is an hour somewhat future1 instead of the present one4 #c4 ,but there is a third class of ,young ,men who are true to the sacred instincts of virtue1 and devoutly reverent of duty4 ,they seek1 not for the time-hallowed1 but for the truth-hallowed4 ,they have learnt that1 in the divine classification1 there are but two great objects in the universe1--,god and ,mankind4 ,these are the only existences recognized in those two supreme laws1 which1 by divine prerogative1 hold all other laws in their embrace4 ,hence the two resulting and all-comprehending duties1--love to ,god and love to ,man4 ,the convictions and sentiments which belong to the ,brotherhood of the one1 stand upon the same basis of authority as those which belong to the ,fatherhood of the other4 ,hence all other entities and possibilities1--opulence1 power1 fame1 genius1 things present1 or things to come1--are1 and forever must be1 secondary and subordinate to these primary and everlasting laws4 ,no names so lofty1 no multitude so large1 that they can abolish these truths1 or abstract one jot or tittle from their binding force1 in this life1 or in any life4 ,they are coternal with their ,author2 unchangeable as ,he1 and moral life and moral death wait upon their award4 ,when the ,young ,man of this class looks within himself1 he finds the constitution of his own moral nature to be such1 that annihilation with truth is better than the most favored existence with error4 ,and when he looks without himself1 he sees there is a ,god enthroned above1 mightier than every 8god of this world10 and that there is a divine law higher than any laws of fallible men4 ,hence he knows that ,right and ,truth will assuredly triumph1 and that all who oppose them will be scattered as the whirlwind scatters the chaff4 ,the patriarchs sold ,joseph into ,egypt2 yet ,god was with him1 and raised him to honor1 and at last put the lives of his treacherous brethren into his hands4 ,whatever may be the peculiar madness of the hour1 in whatever direction the gauds of wealth may beckon1 or the prizes of ambition call1 let the ,young ,man remember1 that only can be honorable which is just1 that only can be safe which is right4 ,hence1 though the perfumed breezes of flattery may entice him on one side1 and a storm of maledictions beat fiercely against him on the other1 let him consecrate himself to ,justice and ,truth1 and be inspired with the faith that1 though the earth should quake or the heavens fall1 an omniscient eye will over-watch1 and an omniscient arm will protect him4 ,among the wiles of the sorceress that beguile the young to their ruin there is no more seductive1 yet fallacious temptation1 than the value which seems to belong to the passing hour1 and to the pleasures it may bring4 ,how infinitely small a part of existence is the present day1 or year6 ,how insignificant its point compared with the ages to come6 ,what are its huzzas1 its ostentation1 and its pride1 when placed in the balance against the eternity of rewards that crown allegiance to duty8 ,o1 how insane and fatuous to barter the undecaying honors of the future for the transitory joys of the present6 ,in the future1 lies the wealth of every man2 the present is only an opportunity to make its title secure4 ,the temporizer must snatch from hour to hour at some new expedient1 which1 if he fails to seize1 he sinks to perdition4 ,the virtuous man binds himself to a principle1 and soars securely through all worlds4 99 99 99 99 99 ,nothing stands upon a more adamantine basis of truth than the principles which decide between ,human ,freedom and ,human ,slavery4 ,these eternal principles happen now1 in a peculiar degree1 to be implicated in the shifting and uncertain current of politics2 and political storms may seem for a time to overwhelm them4 ,but the cloud which obscures the sun does not annihilate it2 and these principles are sure to emerge and shine unclouded in their native splendor forever4 ,every act1 whether of individuals or of governments1 whether committed in past days or in our day1 which compromises the sacred principles of ,human ,freedom1 or postpones its interests to other interests1 is set down1 in the calendar of fate1 for ultimate and universal execration4 ,this is just as certain as it is that the great crimes of the race committed in past ages1--the persecutions of the early ,christians1 the tortures of the ,inquisition1 or the atrocities of the ,african ,slave trade1--are now condemned by the awful verdict of history and the ever-sounding reprobation of mankind4 ,in the spread of ,christianity1 in the advance of civilization1 in the moral development of the people1 a tribunal is now preparing1 which will pronounce sentence of condemnation against the abetters of slavery1 to be promulgated as from ,sinai1 and preserved in the archives of eternity4 ,the ,progress of the ,age bears us on1 not only to a forward1 but to an upward point2 and what we now say against the apostates to duty and the traitors of mankind1 in past ages1 however much they may have been honored1 caressed1 and rewarded in their day1 will soon be said of every one amongst ourselves who leads or joins the band of conspirators against the ,rights of ,man4 ,every ,young ,man1 however obscure or powerless he may seem1 can do something for the cause of freedom4 ,whatever disadvantages the youth may labor under1 they have one all-compensating advantage4 ,a longer period of life is before them1 and deeds which can only be accomplished through years of labor1 they can achieve4 ,but our success depends infinitely less upon our strength than upon our motive4 ,when we supply the virtuous will1 ,god supplies the power2 so that the result corresponds1 not to our weakness1 but to his omnipotence4 ,we are thus made able ----8to join ,our partial movements with the master wheel ,of the great world1 and serve that sacred end1 ,which ,he1 the unerring ,reason1 keeps in view40 ,those ,young ,men of ,massachusetts1 then1 of the noble lineage of the ,pilgrims1 who have been nursed amid the influences of sanctuary and school1 in whose bosoms is the sacred depository of future and boundless hopes1 but who are now counselled to abandon their integrity1 who are brought into peril of being corrupted by the lures of wealth1 or fascinated by the dazzling of worldly honors1 or swept away by the pressure of the multitude that do evil1 ,i adjure to stand fast and immovable on those sacred and eternal principles of ,human ,liberty which came down to us through the fires of oppression and the agony and blood of martyrs1 but came from ,god2--principles that can never suffer the decays of time1 which kings nor senates of kings can ever abolish1 and which1 however much the passions of men may seek to taint or defile them1 are ever beautiful and fair1 as the names of all their disciples shall hereafter be4 ,i call upon ,young ,men to throw themselves forward in imagination into middle life1 or old age1 and there behold how these mighty questions will look in the retrospect of time1 when the brilliant robes which now gild the tempter are gone1 and only the ghastly fiend remains2 when the passion that prompted the crime is dead1 and only the remorse survives4 ,think not of luxury1 or wealth1 or ignoble ease1 but only of an heroic conflict1 careless of the present strength of the foe4 ,take no bribe from the hand of power1 in whatever disguise of beauty it may come1 but spurn it and its author alike4 ,let your future manhood realize the generous aspirations of your youth2 and1 amid the seductions of the present hour1 prize only the jubilant memories you can lay up for old age4 ,it may grieve you to break friendships1 but truth and duty are your nearest friends4 ,it may be painful to live amongst those who upbraid and condemn you2 but be a coward when virtue is in peril1 and your own accusing conscience you must live with forever4 ,study those exemplars of excellence who came purified and resplendent out of fiery trials4 ,it is said of ,francis the ,first1 that when he read the valorous exploits of ,gaston de ,foix1 he wept tears of emulation4 ,rejoice1 then1 though marshalled in the fore front of battle when the ,rights of ,humanity are in danger1 and you shall rejoice again and forever in their triumph4 ,read and ponder what was so nobly said by one of the heathen of the old world1 and be ashamed1 yea1 weep for your country and your kind1 if the ,christianity of ,america has fallen below the paganism of ,rome4 ,seneca says1-- 8,virtue covets danger2 and whatever may be her aim1 she never stops to consider how much she may suffer1 since her sufferings are a part of her glory4 ,military men glory in their scars4 ,with exultation they point us to their blood flowing in an honorable cause4 ,though they who return unharmed from the field of battle may have done as many and as noble deeds1 yet it is the wounded soldier who receives double honors4 ,god provides for those whom he would make most honorable1 by furnishing them with opportunities for achieving valiant and noble deeds4 ,hence he strews difficulties along their path4 ,it is in the storm you see who is worthy to be a pilot2 and in battle1 who is the soldier4444 ,how can ,i know with what constancy and endurance one will bear up against reproach and obloquy and popular odium1 if he has grown old amidst the applauses of the world1 if he has never encountered misfortune1 and has been followed by the indiscriminating favor of men8444 ,be not affrighted1 ,i beseech you1 at the dangers which were intended by the immortal gods only as stimulants to exertion4 ,the season of calamity is virtue's opportunity4 ,they1 rather1 are to be esteemed wretched1 who lie torpid in luxurious ease1 whom a sluggish calm detains on the great voyage1 like vessels that lie weltering on a sea without a gale4 ,whom ,god approves and loves1 he exercises1 and tries them again and again1 and thus inures them to hardship2 but those whom he designs to enervate1 he spares and indulges and saves them from impending ills4444 ,the bravest of the army are they whom the commander selects for the most perilous service4 ,the general details his choicest men to send on secret expeditions by night1 or to explore an unknown way1 or to dislodge a garrison from their entrenchments4 ,no man chosen for such an enterprise is ever heard to say1 #8,my commander has wronged and dishonored me1' but rather1 #8,he has known well whom to choose4' ,such1 too1 is the language of those who are required to suffer what would make the timid and the ignoble weep4 ,we stand honored in the divine regards when the great experiment1 how much human nature can endure for a virtuous cause1 is tried in ourselves4444 ,as teachers deal with their scholars1 so ,god deals with good men4 ,he demands most of those in whom he has most confidence40 ,,west ,,newton1 ,october1 #ahea4 ,,contents4 ,,page ,,letter ,,accepting ,,the ,,nomination ,,for ,,the ,,thirtieth ,,congress1 #a ,,speech1 ,,delivered ,,in ,,the ,,house ,,of ,,representatives ,,of ,,the ,,united ,,states1 ,,june #cj1 #ahdh1 #aj ,,sketch ,,of ,,the ,,opening ,,argument ,,in ,,the ,,case ,,of ,,the ,,united ,,states vs4 ,,daniel ,,drayton1 #hd ,,letter ,,accepting ,,the ,,nomination ,,for ,,the ,,thirty-,,first ,,congress1 #aai ,,speech1 ,,delivered ,,in ,,the ,,house ,,of ,,representatives ,,of ,,the ,,united ,,states1 ,,feb4 #bc1 #ahdi1 #aba ,,speech1 ,,delivered ,,in ,,the ,,house ,,of ,,representatives ,,of ,,the ,,united ,,states1 ,,feb4 #ae1 #ahej1 #ahj ,,two ,,letters ,,on ,,the ,,extension ,,of ,,slavery1 ,,and ,,on ,,the ,,right ,,of ,,an ,,alleged ,,fugitive ,,slave ,,to ,a ,,trial ,,by ,,jury1 #bcf1 #bhb ,,letter3 ,,the ,,ordinance ,,of #aghg1 #bch ,,letter ,,accepting ,,the ,,nomination ,,for ,,the ,,thirty-,,second ,,congress1 #cdj ,,speech1 ,,delivered ,,at ,,dedham1 ,,nov4 #f1 #ahej1 #ceg ,,speech1 ,,delivered ,,in ,,the ,,house ,,of ,,representatives ,,of ,,the ,,united ,,states1 ,,feb4 #bh1 #ahea1 #cij ,,speech1 ,,delivered ,,at ,,lancaster1 ,,may #ai1 #ahea1 #dgc ,,speech1 ,,delivered ,,in ,,boston1 ,,april #h1 #ahea1 #ebc ,,speech1 ,,delivered ,,at ,,worcester1 ,,sept4 #af1 #ahea1 #ecf ,,letter ,,accepting ,,the ,,nomination ,,for ,,the ,,thirtieth ,,congress1 ,,made ,,by ,,the ,,whig ,,convention ,,of ,,district ,,no4 #h1 ,,march1 #ahdh4 ,,gentlemen2 ,your communication of the #afth inst41 being directed to ,newton1 7instead of ,west ,newton1 where ,i reside17 did not reach me until this morning4 ,i thank you cordially for the kind expressions of personal regard with which you have been pleased to accompany it4 ,you inform me that at a convention of delegates assembled in ,dedham1 on ,wednesday1 the #aeth inst41 ,i was nominated as a candidate to fill the vacancy in ,congress occasioned by the death of the great and good man whose irreparable loss we1 his constituents1 with a nation for our fellow-mourners1 deplore4 ,at first thought1 the idea of being the immediate successor of ,john ,quincy ,adams in the councils of the nation might well cause any man to shrink back from the inevitable contrast4 ,but it is obvious1 on a moment's reflection1 that the difference is so trivial between all the men whom he has left1 compared with the disparity between them and him1 as to render it of little consequence1 in this respect1 who shall succeed him2 and the people in the ,eighth ,district1 in their descent from ,mr4 ,adams to any successor1 must break and bear the shock of the fall1 as best they can4 ,i most heartily concur with you in that estimate of the services1 and veneration for the character1 of our late representative1 which your resolutions so eloquently express4 ,to be fired by his example1 to imitate his diligence and fidelity in the discharge of every trust1 to emulate his moral intrepidity1 which always preferred to stand alone by the right1 rather than to join the retinue and receive the plaudits of millions1 as a champion of the wrong1--this would be1 in the beautiful language of the ,roman historian1 8to ascend to glory by the path of virtue40 ,one of the resolutions adopted by your convention declares the three following things3-- #a4 ,that the successor of ,mr4 ,adams1 on the floor of ,congress1 should be a man 8whose principles shall be in consonance with those of his predecessor40 #b4 ,that his fidelity to the great principles of human freedom shall be unwavering4 ,and1-- #c4 ,that his 8voice and vote shall on all occasions be exercised in extending and securing liberty to the human race40 ,permit me to reffirm these sentiments with my whole heart4 ,should the responsibilities of that successorship ever be devolved upon me1 ,i shall endeavor so to fulfil them1 that these dead words should become a living soul4 ,i should deem it not only an object of duty1 but of the highest ambition1 to contend for the noble principles you have here expressed1 as ,mr4 ,adams contended for them2 though1 unhappily1 it would be only as a ,david in ,saul's armor4 ,bear with me for a moment while ,i enlarge upon these sentiments4 #a4 8,in consonance with his principles40--,i believe it was the sovereign rule of ,mr4 ,adams's life to act in obedience to his convictions of duty4 ,truth was his guide4 ,his conscience was non-elastic4 ,he did not strain at a gnat before company1 on account of its size1 and then1 privately1 swallow a camel4 ,his patriotism was coxtensive with his country2 it could not be crushed and squeezed in between party lines4 ,though liable to err1--and what human being is not8--yet his principles were believed by him to be in accordance with the great moral laws of the universe4 ,they were thought out from duty and religion1 and not carved out of expediency4 ,when invested with patronage1 he never dismissed a man from office because he was a political opponent1 and never appointed one to office merely because he was a political friend4 ,hence he drew from ,mr4 ,holmes1 of ,south ,carolina1 this noble eulogium1--a eulogium1 considering the part of the country from which it came1 as honorable to its author as to its object1--that 8he crushed no heart beneath the rude grasp of proscription2 he left no heritage of widows' cries or orphans' tears40 ,could all the honors which ,mr4 ,adams ever won from offices held under the first five ,presidents of the ,united ,states1 and from a public service1 which1 commencing more than fifty years ago1 continued to the day of his death1 be concentrated in one effulgent blaze1 they would be less far-shining and inextinguishable than the honor of sacrificing his election for a second presidential term1 because he would not1 in order to obtain it1 prostitute the patronage and power which the constitution had placed in his hands4 ,i regard this as the sublimest spectacle in his long and varied career4 ,he stood within reach of an object of ambition doubtless dearer to him than life4 ,he could have laid his hands upon it4 ,the 8still1 small voice0 said1 ,no6 ,without a murmur1 he saw it taken and borne away in triumph by another4 ,compared with this1 the block of many a martyr has been an easy resting-place4 #b4 8,unwavering fidelity to the great principles of human freedom40--,the ,declaration of ,american ,independence1 in #aggf1 was the first complete assertion of human rights1 on an extensive scale1 ever made by mankind4 ,less than three quarters of a century have elapsed1 and already the greatest portion of the civilized world has felt the influence of that ,declaration4 ,france1 for years1 has had a constitutional monarchy2 perhaps1 to-day1 her government is republican4 ,holland and ,belgium are comparatively free4 ,almost all the states of the ,germanic ,confederation have a written constitution1 and a legislature with a popular branch4 ,prussia has lately commenced a representative system4 ,the iron rule of ,austria is relaxed under the fervent heat which liberty reflects from surrounding nations4 ,naples and ,sicily have just burst the bonds of tyranny4 ,in ,rome and the ,states of the ,church1 where1 under the influence of religious and political despotism1 the heart of ,freedom was supposed to be petrified into insoluble hardness1 that heart is now beginning to pulsate with a new life1 and to throb with sympathy for humanity4 ,great ,britain and ,denmark have emancipated their slaves in the ,west ,indies4 ,measures are now in progress to ameliorate the condition of ,russian serfs4 ,even half-barbarous1 ,mahometan ,tunis has yielded to the tide of free principles4 ,to what bar of judgment will our own posterity bring us1 what doom of infamy will history pronounce upon us1 if the ,united ,states shall hereafter be found the only portion of ,christendom where the principles of our own ,declaration of ,independence are violated in the persons of millions of our people8 #c4 8,the exercise1 on all occasions1 of voice and vote1 in extending and securing liberty to the human race40--,there is a crisis in our affairs4 ,a territory1 in extent far exceeding that of the thirteen original states1 when they repelled the power of ,great ,britain1 has lately been added1 or is1 doubtless1 about to be added1 to our national domain4 ,the expanse of this territory is so vast1 that it may be divided into a dozen sections1 and these sections may be erected into separate states1 each one of which shall be so large that ,massachusetts would seem but an inconsiderable court-yard1 if placed in front of it4 ,parts of this territory are fertile and salubrious4 ,it is capable of supporting millions and millions of human beings1 of the same generation4 ,the numbers of the successive generations1 which in the providence of ,god are to inhabit it1 will be as the leaves of the forest1 or the sands on the sea-shore4 ,each one of these is to be a living soul1 with its joys and sorrows1 its hopes and fears1 its susceptibilities of exaltation or of abasement4 ,each one will be capable of being formed into the image of ,god1 or of being deformed into the image of all that is anti-godlike4 ,these countless millions are to be our kindred2 many of them1 perhaps1 our own descendants2 at any rate1 our brethren of the human family2 for has not ,god 8made of one blood all nations of men to dwell upon all the face of the earth08 ,in rights1 in character1 in happiness2 in freedom or in vassalage2 in the glorious immunities and prerogatives of knowledge1 or in the debasement and superstitions of ignorance2 in their upward-looking aspiration and love of moral excellence1 or in their downward-looking1 prone-rushing1 and brutish appetites and passions1 what shall these millions of our fellow-creatures be8 ,i put it as a practical question1 ,what shall these millions of our fellow-creatures be8--for it is more than probable that this very generation1--nay1 that the actors in public affairs1 before the sands of the present year shall have run out1--will prescribe and forerdain their doom4 ,that doom will be what our present conduct predestines4 ,if we enact laws and establish institutions1 under whose benign influences that vast tract of territory shall at length teem with myriads of human beings1 each one a free-born man2 each one enjoying the inalienable right of 8life1 liberty1 and the pursuit of happiness20 each one free for the cultivation of his capacities1 and free in the choice and in the rewards of his labor2--if we do this1 although the grand results may not manifest themselves for a thousand years1 yet when the fulness of time shall come1 the equity and the honor of framing these laws and institutions will belong to us1 as much as though the glorious consummation could be realized to-morrow4 ,on the other hand1 if we so shape the mould in which their fortunes are to be cast1 that1 for them or for any portion of them1 there shall be servitude instead of liberty1 ignorance instead of education1 debasement instead of dignity1 the indulgence of bestial appetites instead of the sanctities and securities of domestic life1--then1 until the mountains shall crumble away by age1 until the arches of the skies shall fall in rottenness1 these mountains and these arches will never cease to echo back the execrations upon our memory of all the great and good men of the world4 ,and this retribution1 ,i believe1 will come suddenly1 as well as last forever4 ,in one of the ,south-western ,states a vast subterranean cave has been discovered1 deep down in whose chambers there is a pool of water1 on which no beam of sunlight ever shines4 ,a sightless fish is said to inhabit this rayless pool4 ,in this animal1 indeed1 the rudiments of a visual organ are supposed to be dimly discernible2 but of an orb to refract the rays of light1 or of a retina to receive them1 there is no trace4 ,naturalists suppose that the progenitors of these animals1 in ages long gone by1 possessed the power of vision2 but that1 being buried in these depths by some convulsion of nature1 long disuse at first impaired1 at length extinguished1 and has at last obliterated the visual organ itself4 ,the animal has sunk in the scale of being1 until its senses are accommodated to the blackness of darkness in which it dwells4 ,were this account wholly fabulous1 it has the strongest verisimilitude1 and doubtless describes what would actually occur under the circumstances supposed4 ,thus will it be with faculties above the surface of the earth1 as well as below it4 ,thus will it be with human beings1 as well as with the lower orders of creation4 ,thus will it be with our own brethren or children1 should we shut up from them the book of knowledge1 or seal their senses so that they could not read it4 ,thus will it be with all our ,god-given faculties1 just so far as they are debarred from legitimate exercise upon their appropriate objects4 ,the love of knowledge will die out1 when it ceases to be stimulated by the means of knowledge4 ,self-respect will die out1 under the ever-present sense of inferiority4 ,the sentiments of truth and duty will die out1 when cunning and falsehood can obtain more gratifications than frankness and honesty4 ,the noblest impulses of the human soul1 the most sacred affections of the human heart1 will die out1 when every sphere is closed against their exercise4 ,when such a dreadful work is doing1 or threatens to be done1 can any one stand listlessly by1 see it perpetrated1 and then expect to excuse himself1 under the false1 impious pretext of ,cain1 8,am ,i my brother's keeper80 ,fully1 then1 do ,i agree with you and the delegates of the convention you represent1 in saying that the successor of ,mr4 ,adams should be one 8whose voice and vote shall1 on all occasions1 be exercised in extending and securing liberty to the human race40 ,of course ,i do not understand you to imply any violation of the constitution of the ,united ,states1 which every representative swears to support4 ,permit me to say a word personal to myself4 ,for eleven years1 ,i have been estranged from all political excitements4 ,during this whole period1 ,i have attended no political meeting of any kind whatever4 ,i have contented myself with the right of private judgment and the right of voting1 though it has usually so happened that my official duties have demanded my absence from home at the time of the fall elections4 ,i have deemed this abstinence from actively mingling in political contests both a matter of duty towards opposing political parties1 and a proper means of subserving the best interests of the cause in which ,i had embarked4 ,i hoped too1 by so doing1 to assist in rearing men even better than those now belonging to any party4 ,the nature of my duties also1 and all my intercourse and associations1 have attracted me towards whatever is worthy and beneficent in all parties1 rather than towards what is peculiar to any one4 ,not believing in political pledges1 ,i should have had the honor to decline giving any to you1 had you not had the first and greater honor of asking none from me4 ,after what ,i have said above in favor of liberty for all mankind1 it would be a strange contradiction did ,i consent to be myself a slave of party4 ,the hands which you raised in behalf of yourselves and your constituents1 when you voted for the noble sentiments contained in the resolution ,i have quoted1 could never degrade themselves by forging a fetter for the free mind of another1 or fastening one upon it2 and the hand with which ,i have penned my hearty response to those sentiments can never stretch itself out to take a fetter on4 ,should your nomination1 therefore1 be accepted and be successful1 it must be with the explicit understanding between us that ,i shall always be open to receive the advice of my constituents1 shall always welcome their counsel1 always be most grateful for their suggestions1 but that1 in the last resort1 my own sense of duty must be the only arbiter4 ,should differences arise1 the law opens an honorable escape for both parties1--declination on my part1 substitution on yours4 ,i must add1 in closing1 that so far as personal preferences are concerned1 ,i infinitely prefer remaining in my present position1 with all its labor and its thanklessness1 to any office in the gift of the people4 ,i had hoped and intended1 either in a public or private capacity1 to spend my life in advancing the great cause of the people's education4 ,two considerations alone could tempt me to abandon this purpose4 ,the first is important4 ,the enactment of laws which shall cover waste territory1 to be applied to the myriads of human beings who are hereafter to occupy that territory1 is a work which seems to precede and outrank even education itself4 ,whether a wide expanse of country shall be filled with beings to whom education is permitted1 or with those to whom it is denied1--with those whom humanity and the law make it a duty to teach1 or with those whom inhumanity and the law make it a legal duty not to teach1 seems preliminary to all questions respecting the best systems and methods for rendering education effective4 ,the other consideration is comparatively unimportant2 though1 for the time being1 it has embarrassed me greatly4 ,i now learn that expectations were excited at your convention1 that if a nomination were tendered me1 it would not be declined4 ,had ,i anticipated the favorable regards of the convention1 or foreseen that such expectations would be raised1 ,i should not have hearkened to the proposition for a moment2 and ,i may be permitted to add1 that when ,i saw my name announced in the papers1 my first act was to prepare a letter of declination4 ,it was only when ,i went to deliver the letter that ,i learnt what had been done1 and that1 in the opinion of persons whose judgment ,i am bound to respect1 ,i had been so far committed by my too partial friends1 as that no option remained4 ,yielding to these considerations1 ,i submit myself to the decision of my fellow-citizens4 ,with sentiments of high personal regard1 ,i am1 gentlemen1 ,your friend and servant1 ,,horace ,,mann4 ,hon4 ,,thomas ,,french1 ,president2 ,,samuel ,c4 ,,mann1 ,,john ,k4 ,,corbett1 ,,edward ,,crehore1 ,esqs41 ,secretaries4 ,,west ,,newton1 ,march #ba1 #ahdh4 ,,speech ,,delivered ,,in ,,the ,,house ,,of ,,representatives ,,of ,,the ,,united ,,states1 ,,june #cj1 #ahdh1 ,,on ,,the ,,right ,,of ,,congress ,,to ,,legislate ,,for ,,the ,,territories ,,of ,,the ,,united ,,states1 ,,and ,,its ,,duty ,,to ,,exclude ,,slavery ,,therefrom4 ,,mr4 ,,chairman2 ,i have listened with interest1 both yesterday and to-day1 to speeches on what is called the 8,presidential ,question40 ,i propose to discuss a question of far greater magnitude1--the question of the age1--one whose consequences will not end with the ensuing four years1 but will reach forward to the setting of the sun of time4 ,sir1 our position is this3 ,the ,united ,states finds itself the owner of a vast region of country at the west1 now almost vacant of inhabitants4 ,parts of this region are salubrious and fertile4 ,we have reason to suppose1 that1 in addition to the treasures of wealth which industry may gather from its surface1 there are mineral treasures beneath it1--riches garnered up of old in subterranean chambers1 and only awaiting the application of intelligence and skill to be converted into the means of human improvement and happiness4 ,these regions1 it is true1 lie remote from our place of residence4 ,their shores are washed by another sea1 and it is no figure of speech to say that another sky bends over them4 ,so remote are they1 that their hours are not as our hours1 nor their day as our day2 and yet1 such are the wonderful improvements in art1 in modern times1 as to make it no rash anticipation1 that1 before this century shall have closed1 the inhabitants on the ,atlantic shores will be able to visit their brethren on the ,pacific in ten days2 and that intelligence will be transmitted and returned between the eastern and the western oceans in ten minutes4 ,that country1 therefore1 will be rapidly filled1 and we shall be brought into intimate relations with it1 and1 notwithstanding its distance1 into proximity to it4 ,now1 in the providence of ,god1 it has fallen to our lot to legislate for this unoccupied1 or but partially occupied1 expanse4 ,its great future hangs upon our decision4 ,not only degrees of latitude and longitude1 but vast tracts of time1--ages and centuries1--seem at our disposal4 ,as are the institutions which we form and establish there1 so will be the men whom these institutions1 in their turn1 will form4 ,nature works by fixed laws2 but we can bring this or that combination of circumstances under the operation of her laws1 and thus determine results4 ,here springs up our responsibility4 ,one class of institutions will gather there one class of men1 who will develop one set of characteristics2 another class of institutions will gather there another class of men1 who will develop other characteristics4 ,hence their futurity is to depend upon our present action4 ,hence the acts we are to perform seem to partake of the nature of creation1 rather than of legislation4 ,standing upon the elevation which we now occupy1 and looking over into that empty world1 8yet void10 if not 8without form10 but soon to be filled with multitudinous life1 and reflecting upon our power to give form and character to that life1 and almost to forerdain what it shall be1 ,i feel as though it would be no irreverence to compare our condition to that of the ,creator before he fashioned the 8lord0 of this lower world2 for we1 like ,him1 can ingraft one set of attributes1 or another set of attributes1 upon a whole race of men4 ,in approaching this subject1 therefore1 ,i feel a sense of responsibility corresponding to the infinite1--,i speak literally1--the infinite interests which it embraces4 ,as far as the time allowed me will permit1 ,i propose to discuss two questions4 ,the first is1 8,whether ,congress can lawfully legislate on the subject of slavery in the territories40 ,on this question a new and most extraordinary doctrine has lately been broached4 ,a new reading of the constitution has been discovered4 ,it is averred that the #c;d section of the #dth article1 giving ,congress power 8to dispose of1 and make all needful rules and regulations respecting the territory or other property belonging to the ,united ,states10 only gives power to legislate for the land as land4 ,it is admitted that ,congress may legislate for the land as land1--geologically or botanically considered1--perhaps for the beasts that roam upon its surface1 or the fishes that swim in its waters2 but it is denied that ,congress possesses any power to determine the laws and the institutions of those who shall inhabit that 8land40 ,but compare this with any other object of purchase or possession4 ,when ,texas was admitted into the ,union1 it transferred its 8navy0 to the ,united ,states2 in other words1 the ,united ,states bought1 and of course owned1 the navy of ,texas4 ,what power had ,congress over this navy1 after the purchase8 ,according to the new doctrine1 it could pass laws for the hull1 the masts1 and the sails of the ,texan ships1 but would have no power to navigate them by officers and men4 ,it might govern the ships as so much wood1 iron1 and cordage1 but would have no authority over commanders or crews4 ,but we are challenged to show any clause in the constitution which confers an express power to legislate over the territories we possess4 ,i challenge our opponents to show any clause which confers express power to acquire those territories themselves4 ,if1 then1 the power to acquire exists1 it exists by implication and inference2 and if the power to acquire be an implied one1 the power to govern what is acquired must be implied also4 ,for1 for what purpose does any man acquire property but to govern and control it8 ,what does a buyer pay for1 if it be not the right to 8dispose of08 ,such is the doctrine of the ,supreme ,court of the ,united ,states3 8,the right to govern10 says ,chief ,justice ,marshall1 8may be the inevitable consequence of the right to acquire40 ,amer4 ,ins4 ,co4 vs4 ,canter1 #a ,peters1 #edb4 ,see also ,mc,cullough vs4 ,maryland1 #d ,wheat41 #dbb4 ,the ,cherokee ,nation vs4 ,georgia1 #e ,peters1 #dd4 ,united ,states vs4 ,gratiot1 #ad ,peters1 #ecg4 ,but ,i refer to the express words of the constitution1 as ample and effective in conferring all the power that is claimed4 8,congress may dispose of1 and make all needful rules and regulations10 c4 ,if ,congress may 8dispose of0 this land1 then it may sell it4 ,inseparable from the right to sell is the right to define the terms of sale4 ,the seller may affix such conditions and limitations as he pleases to the thing sold4 ,if this be not so1 then the buyer may dictate his terms to the seller4 ,answer these simple questions3 ,supposing the ,united ,states to own land in fee simple1 then1 is the government under guardianship1 or disabled by minority8 ,is it non compos mentis8 ,if no such disability applies to it1 then it may sell4 ,it may sell the fee simple1 or it may carve out a lesser estate1 and sell that4 ,it may incorporate such terms and conditions as it pleases into its deed or patent of sale4 ,it may make an outright quitclaim1 or it may reserve the minerals for its own use1 or the navigable streams for public highways1 as it did in regard to the territory north-west of the river ,ohio4 ,it may insert the conditions and limitations in each deed or patent2 or1 where the grantees are numerous1 it may make general 8rules and regulations10 which are understood to be a part of each contract1 and are therefore binding upon each purchaser4 ,no man is compelled to buy2 but if any one does buy1 he buys subject to the 8rules and regulations0 expressed in the grant2 and neither he1 nor his grantees1 nor his or their heirs after them1 can complain4 ,i want1 therefore1 no better foundation for legislating over the territories than the fact of ownership in the ,united ,states4 ,grant this1 and all is granted4 ,if ,i own a farm1 or a shop1 ,i may1 as owner1 prescribe the conditions of its transfer to another4 ,if he does not like my conditions1 then let him abandon the negotiation2 if he accedes to the conditions1 then let him abide by them1 and hold his peace4 ,sir1 in the state to which ,i belong1 we hold temperance to be a great blessing1 as well as a great virtue2 and intemperance to be a great curse1 as well as a great sin4 ,i know of incorporated companies there1 who have purchased large tracts of land for manufacturing purposes4 ,they well know how essential is the sobriety of workmen to the profitableness of their work2 they know1 too1 how wasteful and destructive is inebriety4 ,in disposing of their land1 therefore1 to the men whom they would gather about them and employ1 they incorporate the provision1 as a fundamental article in the deed of grant1 that ardent spirits shall never be sold upon the premises2 and thus they shut up1 at once1 one of the most densely-thronged gateways of hell4 ,have they not a right to do so1 from the mere fact of ownership8 ,would any judge or lawyer doubt the validity of such a condition2 or would any sensible man ever doubt its wisdom or humanity8 ,pecuniarily and morally1 this comes under the head of 8needful rules and regulations40 ,if tipplers do not like them1 let them stagger away1 and seek their residence elsewhere4 ,but the ,united ,states is not merely a land owner2 it is a sovereignty4 ,as such1 it exercises all constitutional jurisdiction over all its territories4 ,whence1 but from this right of sovereignty1 does the government obtain its power of saying that no man shall purchase land of the natives1 or aborigines2 and that1 if you wish to buy land in the territories1 you shall come to the government for it8 ,is there any express power in the constitution authorizing ,congress to say to all the citizens of the ,united ,states1 8,if you wish to buy ungranted land in the territories1 you must come to us1 for no one else can sell1 or shall sell08 ,this right1 sustained by all our legislation and adjudications1 covers the whole ground4 ,lessee of ,johnson et al4 vs4 ,mc,intosh1 #h ,wheaton1 #edc2 #e ,cond4 ,rep4 #eae4 ,but1 leaving the constitution1 it is denied that there are precedents4 ,the honorable gentlemen from ,virginia ,mr4 ,bayly has not only contested the power of ,congress to legislate on the subject of slavery in the territories1 but he has denied the existence of precedents to sustain this power4 ,sir1 it would have been an assertion far less bold1 to deny the existence of precedents for the election of a ,president of the ,united ,states2 for the instances of the latter have been far less frequent than of the former4 ,congress has legislated on the subject of slavery in the territories all the way up from the adoption of the constitution to the present time2 and this legislation has been sustained by the judiciary of both the general and state governments1 and carried into execution by the executive power of both4 ,see ,menard vs4 ,aspasia1 #e ,peters1 #eje2 ,phebe et al4 vs4 ,jay1 ,breese's ,rep4 #baj2 ,hogg vs4 ,the ,zanesville ,canal ,co41 #e ,ohio ,rep4 #daj2 ,martin's ,louisiana ,rep4 ,n4 ,s4 #fii2 ,spooner vs4 ,mc,connell1 #a ,mc,lean's ,rep4 #cda2 ,harvey vs4 ,deeker1 ,walker's ,mississippi ,rep4 #cf2 ,rachael vs4 ,walker1 #d ,missouri ,rep4 #cej4 ,so far as the uniform practice of sixty years can settle a doubtful1 or confirm an admitted right1 this power of legislating over the territories has been taken from the region of doubt1 and established upon the basis of acknowledged authority4 ,in legislating for all that is now ,ohio1 ,indiana1 ,illinois1 ,wisconsin1 ,michigan1 ,iowa1 ,missouri1 ,arkansas1 ,mississippi1 ,louisiana1 and ,florida1 we have legislated on the subject of slavery in the territories4 ,sixty years of legislation on one side1 and not a denial of the right on the other4 ,but the gentleman from ,virginia ,mr4 ,bayly says1 that the action of ,congress in regard to the territories has been rather that of constitution-making than of law-making4 ,suppose this to be true2 does not the greater include the less8 ,if ,congress could make a constitution for all the territories1--an organic1 fundamental law1--a law of laws1--could it not1 had it so pleased1 make the law itself8 ,a constitution prescribes to the legislature what it shall do1 and what it shall not do2 it commands1 prohibits1 and binds men by oaths to support itself4 ,it says1 8,hitherto ,,shalt thou come1 and no farther40 ,and if ,congress can do this1 can it not make the local law itself8 ,can aught be more preposterous8 ,as if we could command others to do what we have no right to do ourselves1 and prohibit others from doing what lies beyond our own jurisdiction6 ,surely1 to decree on what subjects a community shall legislate1 and on what they shall not legislate1 is the exercise of the highest power4 ,but ,congress has not stopped with the exercise of the constitution-making power4 ,in various forms1 and at all times1 it has legislated for the territories1 in the strictest sense of the word legislation4 ,it has legislated again and again1 and ten times again1 on this very subject of slavery4 ,see the act of #agid1 prohibiting the slave trade from 8any port or place0 in the ,united ,states4 ,could any citizen of the ,united ,states1 under this act1 have gone into one of our territories and there have fitted out vessels for the slave trade8 ,surely he could1 if ,congress had no right to legislate over territories only as so much land and water4 ,by statute #agih1 chapter #bh1 #g1 slaves were forbidden to be brought into the ,mississippi ,territory from without the ,united ,states1 and all slaves so brought in were made free4 ,so the act of #ahjj1 chapter #ea1 in further prohibition of the slave trade1 applied to all citizens of the ,united ,states1 whether living in territories or in organized states4 ,did not this legislation cover the territories8 ,by statute #ahjd1 chapter #ch1 #aj1 three classes of slaves were forbidden to be introduced into the ,orleans ,territory4 ,statute #ahjg1 chapter #bb1 prohibiting the importation of slaves after ,january #a1 #ahjh1 prohibited their importation into the territories in express terms4 ,statute #ahah1 chapter #ia1 statute #ahai1 chapter #aja1 and statute #ahbj1 chapter #aac1 prohibiting the slave trade1 and making it piracy1 expressly included all the territories of the ,united ,states4 ,statute #ahai1 chapter #ba1 authorized the ,president to provide for the safe-keeping of slaves imported from ,africa1 and for their removal to their home in that land4 ,under this law1 the ,president might have established a depot for slaves within the limits of our territories1 on the gulf1 or on the ,mississippi4 ,by statute #ahbj1 chapter #bb1 #h1 ,congress established what has been called the ,missouri compromise line1 thereby expressly legislating on the subject of slavery4 ,so of ,texas4 ,see ,jo4 ,res4 ,march #a1 #ahea4 ,by statute #ahai1 chapter #ic1 statute #ahba1 chapter #ci1 #b1 and statute #ahbb1 chapter #ac1 #i1 ,congress legislated on the subject of slavery in the ,territory of ,florida4 ,does it not seem almost incredible that a defender and champion of slavery should deny the power of ,congress to legislate on the subject of slavery in the territories8 ,if ,congress has no such power1 by what right can a master recapture a fugitive slave escaping into a territory8 ,the constitution says1 8,no person held to service1 or labor1 in one state1 escaping into another10--that is1 another state1--8shall be discharged from such service1 or labor10 c4 ,the act of #agic1 chapter #g1 #c1 provides that when a person held to labor1 c41 8shall escape into any other of the said states1 or territory10 he may be taken4 ,by what other law than this can a runaway slave be retaken in a territory8 ,if ,congress has no power to legislate on the subject of slavery in any territory1 then1 surely1 it cannot legislate for the capture of a fugitive slave in a territory4 ,the argument cuts both ways4 ,the knife wounds him who would use it to wound his fellow4 ,further than this4 ,if slavery is claimed to be one of the common subjects of legislation1 then any legislation by ,congress for the territories1 on any of the common subjects of legislation1 is a precedent1 going to prove its right to legislate on slavery itself4 ,if ,congress may legislate on one subject belonging to a class1 then it may legislate on any other subject belonging to the same class4 ,now1 ,congress has legislated for the territories on almost the whole circle of subjects belonging to common legislation4 ,it has legislated on the elective franchise1 on the pecuniary qualifications and residence of candidates for office1 on the militia1 on oaths1 on the per diem and mileage of members1 c41 c4 ,by statute #ahaa1 chapter #ba1 #c1 authorizing the ,territory of ,orleans to form a constitution1 it was provided that all legislative proceedings and judicial records should be kept and promulgated in the ,english language4 ,cannot ,congress make provision for the rights of the people1 as well as for the language in which the laws and records defining those rights shall be expressed8 ,any language is sweet to the ears of man which gives him the right of trial by jury1 of habeas corpus1 of religious freedom1 and of life1 limb1 and liberty2 but accursed is that language1 and fit only for the realms below1 which deprives an immortal being of the rights of intelligence and of freedom2 of the right to himself1 and the dearer rights of family4 ,but all this is by no means the strongest part of the evidence with which our statutes and judicial decisions abound1 showing the power of ,congress to legislate over territories4 ,from the beginning1 ,congress has not only legislated over the territories1 but it has appointed and controlled the agents of legislation4 ,the general structure of the legislature in several of the earlier territorial governments was this3 ,it consisted of a governor and of two houses1--an upper and a lower4 ,without an exception1 where a governor has been appointed1 ,congress has always reserved his appointment to itself1 or to the ,president4 ,the governor so appointed has always had a veto power over the two houses2 and ,congress has always reserved to itself1 or to the ,president1 a veto power1 not only over him1 but over him and both the houses besides4 ,congress has often interfered also with the appointment of the upper house1 leaving only the lower house to be chosen exclusively by the people of the territory2 and it has determined even for the lower house the qualifications both of electors and of elected4 ,further still3 the power of removing the governor1 at pleasure1 has always been reserved to ,congress1 or to the ,president4 ,look at this3 ,congress determines for the territory the qualifications of electors and elected1--at least in the first instance4 ,no law of the territorial legislature is valid until approved by the governor4 ,though approved by the governor1 it may be annulled by ,congress1 or by the ,president2 and the governor is appointed1 and may be removed at pleasure1 by ,congress or by the ,president4 ,to be more specific1 ,i give the following outline of some of the territorial governments3-- ,ohio ,territory1 statute #aghi1 chapter #h4--;,a governor for four years1 nominated by the ,president1 approved by the ,senate1 with power to appoint all subordinate civil and military officers4 ,a secretary for four years1 appointed in the same way4 ,three judges1 to hold office during good behavior4 ,governor and judges the sole legislature1 until the district shall contain five thousand free male inhabitants4 ,then1-- ,a ,house of ,assembly1 chosen by qualified electors1 for two years4 ,a legislative council of five1 to hold office for five years4 ,the ,house of ,assembly to choose ten men1 five of whom are to be selected by the ,president and approved by the ,senate4 ,these five to be the 8,legislative ,council40 ,a governor1 as before1 with an unconditional veto1 and a right to convene1 prorogue1 and dissolve the ,assembly4 ,power given to the ,president to revoke the commissions of governor and secretary4 ,indiana ,territory1 statute #ahjj1 chapter #da4--,similar to that of ,ohio4 ,at first1 the lower house to consist of not more than nine1 nor less than seven4 ,mississippi ,territory1 statute #ahjj1 chapter #ej4--,similar to that of ,indiana4 ,michigan ,territory1 statute #ahje1 chapter #e4--,similar to that of ,indiana4 ,illinois ,territory1 statute #ahji1 chapter #ac4--,similar to that of ,indiana4 ,alabama ,territory1 statute #ahag1 chapter #ei4--,similar to that of ,indiana4 ,wisconsin ,territory1 statute #ahcf1 chapter #ed4--;,governor for three years1 appointed as above1 and removable by the ,president1 with power to appoint officers and grant pardons4 ,unconditional veto4 ,secretary for four years1 removable by the ,president4 ,in the absence1 or during the inability1 of the governor1 to perform his duties4 ,legislative ,assembly to consist of a ,council and a ,house of ,representatives1 to be chosen for two years4 ,congress to have an unconditional veto1 to be exercised on laws approved by the governor4 ,louisiana ,territory1 statute #ahjc1 chapter #a4--,sole dictatorial power given to the ,president of the ,united ,states2 and the army and navy of the ,united ,states placed at his command to govern the territorial inhabitants4--7,this was under ,mr4 ,jefferson1 a strict constructionist47 ,territory of ,orleans1 statute #ahjd1 chapter #ch4--;,governor nominated by the ,president1 approved by the ,senate1 tenure of office three years4 ,removable by the ,president4 ,secretary for four years1 to be governor in case1 c4 ,legislative ,council of thirteen1 to be annually appointed by the ,president4 ,governor and ,council1 of course1 a reciprocal negative on each other4 ,congress an unconditional veto on both4 ,district of ,louisiana1 statute #ahjd1 chapter #ch4--,to be governed by the governor and judges of the ,territory of ,indiana4 ,congress an unconditional veto on all their laws4 ,missouri ,territory1 statute #ahab1 chapter #ie4--;,a governor1 appointable and removable as above4 ,secretary1 the same4 ,a ,legislative ,council of nine4 ,eighteen persons to be nominated by the ,house of ,representatives for the territory2 nine of these to be selected and appointed by the ,president and ,senate4 ,a ,house of ,representatives1 to be chosen by the people4 ,arkansas ,territory1 statute #ahai1 chapter #di4--;,a governor and secretary1 appointable and removable as above4 ,all legislative power vested in the governor and in the judges of the superior court4 ,when a majority of the freeholders should elect1 then they might adopt the form of government of ,missouri4 ,east and ,west ,florida1 statute #ahai1 chapter #ic4--,statute #ahba1 chapter #bi4--,statute #ahbb1 chapter #ac4 ,from ,march #c1 #ahai1 to ,march #cj1 #ahbb1 the government vested solely in the ,president of the ,united ,states1 and to be exercised by such officers as he should appoint4 ,after ,march #cj1 #ahbb1 a governor and secretary1 appointable and removable as above4 ,all legislative power vested in the governor1 and in thirteen persons1 called a legislative council1 to be appointed annually by the ,president4 ,yet1 sir1 notwithstanding all this legislation of ,congress for the territories1 on the subject of slavery itself2 notwithstanding its legislation on a great class of subjects of which slavery is acknowledged to be one2 notwithstanding its appointment1 in some cases1 of the legislative power of the territory1--making its own agent1 the governor1 removable at pleasure1--giving him a veto1 in the first place1 and reserving to itself a veto when he has approved2 notwithstanding the exercise1 in other cases1 of full1 absolute sovereignty over the inhabitants of the territories1 and all their interests2 and1 notwithstanding such has been the practice of the government for sixty years1 under ,jefferson1 ,madison1 ,monroe1 ,jackson1 and others1 it is now denied that ,congress has any right to legislate on the subject of slavery in the territories4 ,sir1 with a class of politicians in this country1 it has come to this1 that slavery is the only sacred thing in existence4 ,it is self-existent1 like a god1 and human power cannot prevent it4 ,from year to year1 it goes on conquering and to conquer1 and human power cannot dethrone it4 ,sir1 ,i will present another argument on this subject1 and ,i do not see how any jurist or statesman can invalidate it4 ,government is one1 but its functions are several4 ,they are legislative1 judicial1 executive4 ,these functions are cordinate2 each supposes the other two4 ,there must be a legislature to enact laws2 there must be a judiciary to expound the laws enacted1 and point out the individuals against whom they are to be enforced2 there must be an executive arm to enforce the decisions of the courts4 ,in every theory of government1 where one of these exist1 the others exist4 ,under our constitution they are divided into three parts1 and apportioned among three cordinate bodies4 ,whoever denies one of these must deny them all4 ,if the government of the ,united ,states1 therefore1 has no right to legislate for the territories1 it has no right to adjudicate for the territories2 if it has no right to adjudicate1 then it has no right to enforce the decisions of the judicial tribunals4 ,these rights must stand or fall together4 ,he who takes from this government the law-making power1 in regard to territories1 strikes also the balances of justice from the hands of the judge1 and the mace of authority from those of the executive4 ,there is no escape from this conclusion4 ,the constitution gives no more authority to adjudge suits in the territories1 or to execute the decisions of the territorial courts1 than it does to legislate4 ,if ,congress has no power over territory1 only as land1 then what does this land want of judges and marshals8 ,is it not obvious1 then1 that this new reading of the constitution sets aside the whole legislative1 judicial1 and executive administration of this government over territories1 since the adoption of the constitution8 ,it makes the whole of it invalid4 ,the ,presidents1 all members of ,congress1 all judges upon the bench1 have been in a dream for the last sixty years1 and are now waked up and recalled to their senses by the charm of a newly-discovered reading of the constitution4 ,hitherto1 sir1 ,i have not directed my remarks to the actual legislation by ,congress on the subject of slavery in the ,north-western ,territory1 so called4 ,that territory was consecrated to freedom by the ordinance of #aghg4 ,it has been said that the ,confederation had no power to pass such an ordinance4 ,but whether this be so or not1 is immaterial1 for ,congress has ratified the ordinance again and again4 ,the first ,congress at its first session passed an act whose preamble is as follows3 8,whereas1 in order that the ordinance of the ,united ,states1 in ,congress assembled1 for the government of the territory north-west of the river ,ohio1 may continue to have full effect10 c4 ,it then proceeds to modify some parts of the ordinance1 and to adopt all the rest4#a ,in the second section of the act of #ahjj1 chapter #da1 establishing the ,indiana ,territory1 it is expressly provided that its government shall be 8in all respects similar to that provided by the ordinance of #aghg40 ,in the act of #ahjb1 chapter #dj1 section #e1 authorizing ,ohio to form a constitution and state government1 this ordinance of #aghg is three times referred to as a valid and existing engagement1 and it has always been held to be so by the courts of ,ohio4 ,so in the act of #ahaf1 chapter #eg1 section #d1 authorizing the erection of ,indiana into a state1 the ordinance is again recognized1 and is made a part of the fundamental law of the state4 ,so in the act of #ahah1 chapter #fg1 section #d1 authorizing ,illinois to become a state4 ,so in the act of #ahje1 chapter #e1 section #b1 establishing the ,territory of ,michigan4 ,so of ,wisconsin4 ,see act of #ahdg1 chapter #ec1 in connection with the constitution of ,wisconsin4 ,but all this is tedious and superfluous4 ,i have gone into this detail1 because ,i understand the gentleman from ,virginia ,mr4 ,,bayly to have denied this adoption and these recognitions of the ordinance4 ,i hazard nothing in saying that the ordinance of #aghg has been expressly referred to as valid1 or expressly or impliedly renacted1 a dozen times1 by the ,congress of the ,united ,states2 and1 in the state courts of ,ohio1 ,illinois1 ,louisiana1 ,mississippi1 and ,missouri1 it has been adjudged to be constitutional4 ,how1 then1 is it possible for any mind1 amenable to legal rules for the decision of legal questions1 to say that ,congress cannot legislate1 or has not legislated1 7except once or twice inadvertently17 on the subject of slavery in the territories8 ,on this part of the argument1 ,i have only a concluding remark to submit4 ,the position ,i am contesting affirms generally that ,congress cannot legislate upon the subject of slavery in the territories4 ,the inexpediency of so legislating is further advocated on the ground that it is repugnant to democratical principles to debar the inhabitants of the territories from governing themselves4 ,must the free men of the territories1 it is asked1 have laws made for them by others8 ,no6 ,it is anti-democratic1 monarchical1 intolerable4 ,all men have the right of self-government2 and this principle holds true with regard to the inhabitants of territories1 as well as the inhabitants of states4 ,now1 if these declarations were a sincere and honest affirmation of human rights1 ,i should respect them and honor their authors4 ,did this doctrine grow out of a jealousy for the rights of man1 a fear of usurpation1 an assertion of the principle of self-government1 ,i should sympathize with it1 while ,i denied its legality4 ,but1 sir1 it is the most painful aspect of this whole case1 that the very object and purpose of claiming these ample and sovereign rights for the inhabitants of the territories is1 that they may deny all rights to a portion of their fellow-beings within them4 ,enlarge1 aggrandize1 the rights of the territorial settlers6 ,and why8 ,because1 by so doing1 you enable them to abolish all rights for a whole class of human beings4 ,this claim1 then1 is not made for the purpose of making freemen more free1 but for making slaves more enslaved4 ,the reason for denying to ,congress the power to legislate for the territories1 is the fear that ,congress will prevent slavery in them4 ,the reason for claiming the supreme right of legislation for the territorial inhabitants1 is the hope that they will establish slavery within their borders4 ,must not that democracy be false which begets slavery as its natural offspring8 99 99 99 99 99 ,if it has now been demonstrated that ,congress has uniformly legislated1 and can legislate1 on the subject of slavery in the territories1 ,i proceed to consider the next question4 ,is it expedient to exclude slavery from them8 ,here1 on the threshold1 we are confronted with the claim that the gates shall be thrown wide open to the admission of slavery into the broad western world2 because1 otherwise1 the southern or slave states would be debarred from enjoying their share of the common property of the ,union4 ,i meet this claim with a counter-claim4 ,if1 on the one hand1 the consecration of this soil to freedom will exclude the slaveholders of the south1 it is just as true1 on the other hand1 that the desecration of it to slavery will exclude the freemen of the north4 ,we1 at the north1 know too well the foundations of worldly prosperity and happiness2 we know too well the sources of social and moral welfare1 ever voluntarily to blend our fortunes with those of a community where slavery is tolerated4 ,if our demand for free territory1 then1 excludes them1 their demand for slave territory excludes us4 ,not one in five hundred of the freemen of the north could ever be induced to take his family and domicile himself in a territory where slavery exists4 ,they know that the institution would impoverish their estate1 demoralize their children1 and harrow their own consciences with an ever-present sense of guilt1 until those consciences1 by force of habit and induration1 should pass into that callous and more deplorable state1 where continuous crime could be committed without the feeling of remorse4 ,sir1 let me read a passage from ,dr4 ,channing1 written in #agih1--;fifty years ago1--when1 at the early age of nineteen1 he lived for some time in ,richmond1 ,virginia1 as a tutor in a private family4 ,while there1 he wrote a letter1 of which the following is an extract3-- 8,there is one object here which always depresses me4 ,it is slavery4 ,this alone would prevent me from ever settling in ,virginia4 ,language cannot express my detestation of it4 ,master and slave6 ,nature never made such a distinction1 or established such a relation4 ,man1 when forced to substitute the will of another for his own1 ceases to be a moral agent2 his title to the name of man is extinguished2 he becomes a mere machine in the hands of his oppressor4 ,no empire is so valuable as the empire of one's self4 ,no right is so inseparable from humanity1 and so necessary to the improvement of our species1 as the right of exerting the powers which nature has given us in the pursuit of any and of every good which we can obtain without doing injury to others4 ,should you desire it1 ,i will give you some idea of the situation and character of the negroes in ,virginia4 ,it is a subject so degrading to humanity1 that ,i cannot dwell on it with pleasure4 ,i should be obliged to show you every vice1 heightened by every meanness1 and added to every misery4 ,the influence of slavery on the whites is almost as fatal as on the blacks themselves40 ,this was written fifty years ago1 by a young man from ,new ,england1 only nineteen years old4 ,i know that1 on all subjects of philanthropy and ethics1 ,dr4 ,channing was half a century in advance of his age4 ,but the sentiments he expressed on this subject1 at the close of the last century1 are now the prevalent1 deep-seated feelings of northern men1 excepting1 perhaps1 a few cases where these feelings have been corrupted by interest4 ,i repeat1 then1 that the north cannot shut out the south from the new territories by a law for excluding slavery1 more effectually than the south will shut out the north by the fact of introducing slavery4 ,even admitting1 then1 that the law is equal for both north and south1 ,i will show that all the equity is on the side of the north4 ,sir1 from the establishment of our independence by the treaty of #aghc to the time of the adoption of the constitution1 and for years afterwards1 no trace is to be found of an intention to enlarge the bounds of our republic2 and it is well known that the treaty of #ahjc1 for acquiring ,louisiana1 was acknowledged by ,mr4 ,jefferson1 who made it1 to be unconstitutional4 ,in #aghg1 the ,magna ,charta of perpetual freedom was secured to the ,north-west ,territory4 ,but the article excluding slavery from it had an earlier date than #aghg4 ,on the #ast of ,march1 #aghd1 ,congress voted to accept a session from the state of ,virginia of her claim to the territory north-west of the ,ohio river4 ,the subject of providing a government for this and other territory was referred to a committee consisting of ,mr4 ,jefferson1 ,mr4 ,chase of ,maryland1 and ,mr4 ,howell of ,rhode ,island4 ,on the #aith of ,april1 #aghd1 their report was considered4 ,that report contained the following ever-memorable clause3-- 8,that after the year #ahjj1 of the ,christian era1 there shall be neither slavery nor involuntary servitude in any of the said states1 they were spoken of as states1 because it was always contemplated to erect the territories into states1 otherwise than in punishment of crimes whereof the party shall have been convicted to have been personally guilty40 ,sir1 we hear much said in our day of the ,wilmot proviso against slavery4 ,in former years1 great credit has been given to ,mr4 ,nathan ,dane1 of ,massachusetts1 for originating the sixth article1 7against slavery71 in the ordinance of #aghg4 ,sir1 it is a misnomer to call this restrictive clause the 8,wilmot proviso40 ,it is the ,jefferson proviso1 and ,mr4 ,jefferson should have the honor of it2 and would to ,heaven that our southern friends1 who kneel so devoutly at his shrine1 could be animated by that lofty spirit of freedom1 that love for the rights of man1 which alone can make their acts of devotion sacred4 ,but what is most material to be observed here is1 that the plan of government reported by ,mr4 ,jefferson1 and acted upon by the ,congress at that time1 embraced all the 8western territory40 ,it embraced all the 8territory ceded1 or to be ceded1 by individual states to the ,united ,states40--,see ,journals of ,congress1 ,april #bc1 #aghd4 ,if1 then1 we leave out ,kentucky and ,tennessee1 as being parts of ,virginia and ,north ,carolina1 all the residue of the territory north or south of the ,ohio river1 within the treaty limits of the ,united ,states1 was intended1 by the 8,jefferson proviso10 to be rescued from the doom of slavery4 ,for that proviso there were sixteen votes1 and only seven against it4 ,yet so singularly were these seven votes distributed1 and so large a majority of the states did it require to pass an act1 that it was lost4 ,the whole of the representation from seven states voted for it unanimously4 ,only two states voted unanimously against it4 ,had but one of ,mr4 ,jefferson's colleagues voted with him1 and had ,mr4 ,spaight1 of ,north ,carolina1 voted for it1 the restrictive clause in the report would have stood4 ,but a minority of seven from the slaveholding states controlled a majority of sixteen from the free states1--ominous even at that early day of a fate that has now relentlessly pursued us for sixty years4 ,that vote was certainly no more than a fair representation of the feeling of the country against slavery at that time4 ,it was with such a feeling that the 8compromises of the constitution10 as they are called1 were entered into4 ,nobody dreaded or dreamed of the extension of slavery beyond its then existing limits4 ,yet1 behold its aggressive march6 ,besides ,kentucky and ,tennessee1 which ,i omit1 for reasons before intimated1 seven new slave states have been added to the ,union1--,mississippi1 ,alabama1 ,missouri1 ,arkansas1 ,louisiana1 ,florida1 and ,texas1--the last five out of territory not belonging to us at the adoption of the constitution2 while only one free state1 ,iowa1 has been added during all this time1 out of such newly-acquired territory4#b ,but there is another fact1 which shows that the slaveholders have already had their full share of territory1 however wide the boundaries of this country may hereafter become4 ,i have seen the number of actual slaveholders variously estimated2 but the highest estimate ,i have ever seen is three hundred thousand4 ,allowing six persons to a family1 this number would represent a white population of eighteen hundred thousand4 ,mr4 ,,gayle1 of ,alabama1 interrupted and said3 ,if the gentleman from ,massachusetts has been informed that the number of slaveholders is only #cjj1jjj1 then ,i will tell him his information is utterly false4 ,mr4 ,,mann4 ,will the gentleman tell me how many there are8 ,mr4 ,,gayle4 ,ten times as many4 ,mr4 ,,mann4 ,ten times as many6 ,ten times #cjj1jjj is #c1jjj1jjj2 and allowing six persons to each family1 this would give a population of #ah1jjj1jjj directly connected with slaveholding2 while the whole free population of the south1 in #ahdj1 was considerably less than five millions6 ,mr4 ,,meade1 of ,virginia1 here interposed and said1 that where the father or mother owned slaves1 they were considered the joint property of the family4 ,i think1 if you include the grown and the young1 there are about three millions interested in slave property4 ,mr4 ,,mann resumed4 ,my data lead me to believe that the number does not now exceed two millions2 but1 at the time of the adoption of the constitution1 the number directly connected with slaveholding must have been less than one million4 ,yet this one million have already managed to acquire the broad ,states of ,missouri1 ,arkansas1 ,louisiana1 ,florida1 and ,texas1 beyond the limits of the treaty of #aghc2 when1 at the time the 8compromises of the constitution0 were entered into1 not one of the parties supposed that we should ever acquire territory beyond those limits4 ,and this has been done for the benefit1 7if it be a benefit17 of that one million of slaveholders1 against what is now a free population of fifteen millions4 ,and1 in addition to this1 it is to be considered that the non-slaveholding population of the slave states have as direct and deep an interest as any part of the country1 adverse to the extension of slavery4 ,if all our new territory be doomed to slavery1 where can the non-slaveholders of the slaveholding states emigrate to8 ,are they not to be considered8 ,has one half the population of the slaveholding states rights1 which are paramount1 not only to the rights of the other half1 but to the rights of all the free states besides8 for such is the claim4 ,no1 sir4 ,i say that1 if slavery were no moral or political evil1 yet1 according to all principles of justice and equity1 the slaveholders have already obtained their full share of territory1 though all the residue of this continent were to be annexed to the ,union1 and we were to become1 in the insane language of the day1 8an ocean-bound republic40 ,i now proceed to consider the nature and effects of slavery1 as a reason why new-born communities should be exempted from it4 ,first1 let me treat of its economical or financial1 and1 secondly1 of its moral aspects4 ,though slaves are said to be property1 they are the preventers1 the wasters1 the antagonists of property4 ,so far from facilitating the increase of individual or national wealth1 slavery retards both4 ,it blasts worldly prosperity4 ,other things being equal1 a free people will thrive and prosper1 in a mere worldly sense1 more than a people divided into masters and slaves4 ,were we so constituted as to care for nothing1 to aspire to nothing1 beyond mere temporal well being1 this well being would counsel us to abolish slavery wherever it exists1 and to repel its approach wherever it threatens4 ,enslave a man1 and you destroy his ambition1 his enterprise1 his capacity4 ,in the constitution of human nature1 the desire of bettering one's condition is the mainspring of effort4 ,the first touch of slavery snaps this spring4 ,the slave does not participate in the value of the wealth he creates4 ,all he earns another seizes4 ,a free man labors1 not only to improve his own condition1 but to better the condition of his children4 ,the mighty impulse of parental affection repays for diligence1 and makes exertion sweet4 ,the slave's heart never beats with this high emotion4 ,however industrious and frugal he may be1 he has nothing to bequeath to his children1--or nothing save the sad bonds he himself has worn4 ,fear may make him work1 but hope--never4 ,when he moves his tardy limbs1 it is because of the suffering that goads him from behind1 and not from the bright prospects that beckon him forward in the race4 ,what would a slave owner at the south think1 should he come to ,massachusetts1 and there see a farmer seize upon his hired man1 call in a surgeon1 and cut off all the flexor muscles of his arms and legs8 ,i do not ask what he would think of his humanity1 but what would he think of his sanity8 ,yet the planter does more than this when he makes a man a slave4 ,he cuts deeper than the muscles2 he destroys the spirit that moves the muscles4 ,in all ages of the world1 among all nations1 wherever the earnings of the laborer have been stolen from him1 his energies have gone with his earnings4 ,under the villeinage system of ,england1 the villeins were a low1 idle1 spiritless race2 dead to responsibility2 grovelling in their desires2 resistant of labor2 without enterprise2 without foresight4 ,this principle is now exemplified in the landlord and tenant system of ,ireland4 ,if a tenant is to be no better off for the improvements he makes on an estate1 he will not make the improvements4 ,look at the seigniories of ,new ,york1--the anti-rent districts as they are now called2--every man acquainted with the subject knows that both people and husbandry are half a century behind the condition of contiguous fee-simple proprietorships4 ,all history illustrates the principle1 that when property is insecure1 it will not be earned4 ,if a despot can seize and confiscate the property of his subject at pleasure1 the subject will not acquire property1 and thereby give to himself the conspicuousness that invites the plunder4 ,and if this be so when property is merely insecure1 what must be the effect when a man has no property whatever in his earnings8 ,who does not know that a slave1 who can rationally hope to purchase his freedom1 will do all the work he ever did before1 and earn his freedom-money besides8 ,slavery1 therefore1 though claiming to be a kind of property1 is the bane of property2 and the more slaves there are found in the inventory of a nation's wealth1 the less in value will the aggregate of that inventory be4 ,this is one of the reasons why slave labor is so much less efficient than free labor4 ,the former can never compete with the latter2 and while the greater service is performed with cheerfulness1 the smaller is extorted by fear4 ,just as certain as that the locomotive can outrun the horse1 and the lightning outspeed the locomotive1 just so certain is it that he who is animated by the hopes and the rewards of freedom will outstrip the disheartened and fear-driven slave4 ,the intelligent freeman can afford to live well1 dress decently1 and occupy a comfortable tenement4 ,a scanty subsistence1 a squalid garb1 a mean and dilapidated hovel1 proclaim the degradation of the slave4 ,the slave states gain millions of dollars every year from the privations1 the mean food1 clothing1 and shelter to which the slaves are subjected2 and yet they grow rich less rapidly than states where millions of dollars are annually expended for the comforts and conveniences of the laborer4 ,more is lost in production than is gained by privation4 ,a universal concomitant of slavery is1 that it makes white labor disreputable4 ,being disreputable1 it is shunned4 ,the pecuniary loss resulting from this is incalculable4 ,dry up the myriad headsprings of the ,mississippi1 and where would be the mighty volume of waters which now bear navies on their bosom1 and lift the ocean itself above its level1 by their outpouring flood8 ,abolish those sources of wealth1 which consist in the personal industry of every man1 and of each member of every man's family1 and that wide-spread thrift1 and competence1 and elegance1 which are both the reward and the stimulus of labor1 will be abolished with them4 ,forego the means1 and you forfeit the end4 ,you must use the instrument if you would have the product4 ,nothing but the feeling of independence1 the conscious security of working for one's self and one's family1 will1 in the present state of the world1 make labor profitable4 ,i know it has been recently said in this capital1 and by high authority1 that1 with the exception of menial services1 it is not disreputable at the south for a white man to labor4 ,there are two ways1 each independent of the other1 to disprove this assertion4 ,one of them consists in the testimony of a host of intelligent witnesses acquainted with the condition of things at the south4 ,i might quote page after page from various sources2 but1 as the assertion comes from a gentleman belonging to ,south ,carolina1 ,mr4 ,,calhoun1 of the ,senate1 ,i will meet it with the statement of another gentleman belonging to the same state4 ,i refer to ,mr4 ,william ,gregg1 of ,charleston1 a gentleman who is extensively acquainted with the social condition of men1 both north and south4 ,in that state1 according to the last census1 there were about #aej1jjj free whites over twelve years of age4 8,of this class10 says ,mr4 ,gregg1 8fifty thousand are non-producers40#c ,i suppose ,south ,carolina to be as thrifty a slave state as there is1 perhaps excepting ,georgia2 yet here is one third part of the population1 old enough to work and able to work1 who are idle1 and of course vicious1--non-producers1 but the worst kind of consumers4 ,another answer to the above assertion is1 that if white labor were reputable at the south1 and white men were industrious1 the whole country would be a garden1--a terrestrial paradise1--so far as neatness1 abundance1 and beauty are concerned4 ,where are the ,,results of this respected and honored white labor8 ,in a country where few expenses are necessary to ward off the rigors of winter2 where the richest staples of the world are produced2 where cattle and flocks need but little shelter1 and sometimes none2 if man superadded his industry to the bounties of nature1 want would be wholly unknown1 competence would give place to opulence1 and the highest decorations of art would mingle with the glowing beauties of nature4 ,but hear ,mr4 ,gregg3-- 8,my recent visit to the northern states has fully satisfied me that the true secret of our difficulties lies in the want of energy on the part of our capitalists1 and ignorance and laziness on the part of those who ought to labor4 ,we need never look for thrift while we permit our immense timber forests1 granite quarries1 and mines to lie idle1 and supply ourselves with hewn granite1 pine boards1 laths1 shingles1 c41 furnished by the lazy dogs of the north4 ,ah6 worse than this2 we see our back-country farmers1 many of whom are too lazy to mend a broken gate1 or repair the fences to protect their crops from the neighboring stock1 actually supplied with their axe1 hoe1 and broom handles1 pitchforks1 rakes1 c41 by the indolent mountaineers of ,new ,hampshire and ,massachusetts4 ,the time was1 when every old woman had her gourd1 from which the country gardens were supplied with seed4 ,we now find it more convenient to permit this duty to devolve on our careful friends1 the ,yankees4 ,even our boat oars1 and handspikes for rolling logs1 are furnished1 ready-made1 to our hand10 c4 8,need ,i add1 to further exemplify our excessive indolence1 that the ,charleston market is supplied with fish and wild game by northern men1 who come out here as regularly as the winter comes1 for this purpose1 and from our own waters and forests often realize1 in the course of one winter1 a sufficiency to purchase a small farm in ,new ,england40--,essays1 page #h4 ,again3-- 8,it is only necessary to travel over the sterile mountains of ,connecticut1 ,massachusetts1 ,vermont1 and ,new ,hampshire1 to learn the true secret of our difficulties10--8to learn the difference between indolence and industry1 extravagance and economy4 ,we there see the scenery which would take the place of our unpainted mansions1 dilapidated cabins1 with mud chimneys1 and no windows1 broken-down rail fences1 fields overgrown with weeds1 and thrown away half exhausted1 to be taken up by pine thickets2 beef cattle unprotected from the inclemency of winter1 and so poor as barely to preserve life40--,essays1 page #g4 ,and again3-- 8,shall we pass unnoticed the thousands of poor1 ignorant1 degraded white people among us1 who1 in this land of plenty1 live in comparative nakedness and starvation8 ,many a one is reared in proud ,south ,carolina1 from birth to manhood1 who has never passed a month in which he has not1 some part of the time1 been stinted for meat4 ,many a mother is there who will tell you that her children are but scantily supplied with bread1 and much more scantily with meat1 and if they be clad with comfortable raiment1 it is at the expense of these scanty allowances of food4 ,these may be startling statements1 but they are nevertheless true2 and if not believed in ,charleston1 the members of our legislature1 who have traversed the state in electioneering campaigns1 can attest their truth40--,essays1 page #bb4 ,after such statements as these2 after the testimony of hundreds and hundreds of eye-witnesses2 after the proofs furnished by the aggregates of products1 published in our ,patent ,office ,reports1 it is drawing a little too heavily on our credulity to say that the white man at the south is industrious4 ,industry manifests itself by its results1 as the sun manifests itself by shining4 ,but slavery is hostile to the pecuniary advancement of the community in another way4 ,the slave must be kept in ignorance4 ,he must not be educated1 lest with education should come a knowledge of his natural rights1 and the means of escape or the power of vengeance4 ,to secure the abolition of his freedom1 the growth of his mind must be abolished4 ,his education1 therefore1 is prohibited by statute under terrible penalties4 ,now1 a man is weak in his muscles2 he is strong only in his faculties4 ,in physical strength how much superior is an ox or a horse to a man2 in fleetness1 the dromedary or the eagle4 ,it is through mental strength only that man becomes the superior and governor of all animals4 ,it was not the design of ,providence that the work of the world should be performed by muscular strength4 ,god has filled the earth and imbued the elements with energies of greater power than that of all the inhabitants of a thousand planets like ours4 ,whence come our necessaries and our luxuries8--those comforts and appliances that make the difference between a houseless1 wandering tribe of ,indians in the far west1 and a ,new ,england village4 ,they do not come wholly or principally from the original1 unassisted strength of the human arm1 but from the employment1 through intelligence and skill1 of those great natural forces with which the bountiful ,creator has filled every part of the material universe4 ,caloric1 gravitation1 expansibility1 compressibility1 electricity1 chemical affinities and repulsions1 spontaneous velocities1--these are the mighty agents which the intellect of man harnesses to the car of improvement4 ,the application of water1 and wind1 and steam1 to the propulsion of machinery1 and to the transportation of men and merchandise from place to place1 has added ten thousand fold to the actual products of human industry4 ,how small the wheel which the stoutest laborer can turn1 and how soon will he be weary6 ,compare this with a wheel driving a thousand spindles or looms1 which a stream of water can turn1 and never tire4 ,a locomotive will take five hundred men1 and bear them on their journey hundreds of miles in a day4 ,look at these same five hundred men1 starting from the same point1 and attempting the same distance1 with all the pedestrian's or the equestrian's toil and tardiness4 ,the cotton mills of ,massachusetts will turn out more cloth1 in one day1 than could have been manufactured by all the inhabitants of the eastern continent during the tenth century4 ,on an element which1 in ancient times1 was supposed to be exclusively within the control of the gods1 and where it was deemed impious for human power to intrude1 even there the gigantic forces of nature1 which human science and skill have enlisted in their service1 confront and overcome the raging of the elements1--breasting tempests and tides1 escaping reefs and lee shores1 and careering triumphant around the globe4 ,the velocity of winds1 the weight of waters1 and the rage of steam1 are powers1 each one of which is infinitely stronger than all the strength of all the nations and races of mankind1 were it all gathered into a single arm4 ,and all these energies are given us on one condition1--the condition of intelligence1 that is1 of education4 ,had ,god intended that the work of the world should be done by human bones and sinews1 he would have given us an arm as solid and strong as the shaft of a steam engine2 and enabled us to stand1 day and night1 and turn the crank of a steamship while sailing to ,liverpool or ,calcutta4 ,had ,god designed the human muscles to do the work of the world1 then1 instead of the ingredients of gunpowder or gun cotton1 and the expansive force of heat1 he would have given us hands which could take a granite quarry and break its solid acres into suitable and symmetrical blocks1 as easily as we now open an orange4 ,had he intended us for bearing burdens1 he would have given us ,atlantean shoulders1 by which we could carry the vast freights of rail-car and steamship1 as a porter carries his pack4 ,he would have given us lungs by which we could blow fleets before us1 and wings to sweep over ocean wastes4 ,but1 instead of iron arms1 and ,atlantean shoulders1 and the lungs of ,boreas1 he has given us a mind1 a soul1 a capacity of acquiring knowledge1 and thus of appropriating all these energies of nature to our own use4 ,instead of a telescopic and microscopic eye1 he has given us power to invent the telescope and the microscope4 ,instead of ten thousand fingers1 he has given us genius inventive of the power loom and the printing press4 ,without a cultivated intellect1 man is among the weakest of all the dynamical forces of nature2 with a cultivated intellect1 he commands them all4 ,and now1 what does the slave maker do8 ,he abolishes this mighty power of the intellect1 and uses only the weak1 degraded1 and half-animated forces of the human limbs4 ,a thousand slaves may stand by a river1 and to them it is only an object of fear or of superstition4 ,an educated man surpasses the ancient idea of a river god2 he stands by the ,penobscot1 the ,kennebec1 the ,merrimack1 or the ,connecticut2 he commands each of them to do more work than could be performed by a hundred thousand men1--to saw timber1 to make cloth1 to grind corn1--and they obey4 ,ignorant slaves stand upon a coal mine1 and to them it is only a worthless part of the inanimate earth4 ,an educated man uses the same mine to print a million of books4 ,slaves will seek to obtain the same crop from the same field1 year after year1 though the pabulum of that crop is exhausted2 the educated man1 with his chemist's eye1 sees not only the minutest atoms of earth1 but the imponderable gases that permeate it1 and he is rewarded with an unbroken succession of luxuriant harvests4 ,nor are these advantages confined to those departments of nature where her mightiest forces are brought into requisition4 ,in accomplishing whatever requires delicacy and precision1 nature is as much more perfect than man as she is more powerful in whatever requires strength4 ,whether in great or in small operations1 all the improvements in the mechanical and the useful arts come as directly from intelligence as a bird comes out of a shell1 or the beautiful colors of a flower out of sunshine4 ,the slave worker is forever prying at the short end of ,nature's lever1 and using the back instead of the edge of her finest instruments4 ,sir1 the most abundant proof exists1 derived from all departments of human industry1 that uneducated labor is comparatively unprofitable labor4 ,i have before me the statements of a number of the most intelligent gentlemen of ,massachusetts1 affirming this fact as the result of an experience extending over many years4 ,in ,massachusetts we have no native-born child wholly without school instruction2 but the degrees of attainment1 of mental development1 are various4 ,half a dozen years ago1 the ,secretary of the ,massachusetts ,board of ,education obtained statements from large numbers of our master manufacturers1 authenticated from the books of their respective establishments1 and covering a series of years1 the result of which was1 that increased wages were found in connection with increased intelligence1 just as certainly as increased heat raises the mercury in the thermometer4 ,foreigners1 and those coming from other states1 who made their marks when they receipted their bills1 earned the least2 those who had a moderate or limited education occupied a middle ground on the pay-roll2 while the intelligent young women who worked in the mills in winter1 and taught schools in summer1 crowned the list4 ,the larger capital1 in the form of intelligence1 yielded the larger interest in the form of wages4 ,this inquiry was not confined to manufactures1 but was extended to other departments of business1 where the results of labor could be made the subject of exact measurement4 ,this is universally so4 ,the mechanic sees it1 when he compares the work of a stupid with that of an awakened mind4 ,the traveller sees it1 when he passes from an educated into an uneducated nation4 ,sir1 ,i have seen countries in ,europe1 lying side by side1 where1 without compass or chart1 without bound or landmark1 ,i could run the line of demarcation between the two1 by the broad1 legible characters which ignorance has written on roads1 fields1 houses1 and the persons of men1 women1 and children1 on one side1 and which knowledge has inscribed on the other4 ,this difference is most striking in the mechanic arts1 but it is clearly visible also in husbandry4 ,not the most fertile soil1 not mines of silver and gold1 can make a nation rich1 without intelligence4 ,who ever had a more fertile soil than the ,egyptians8 ,who have handled more silver and gold than the ,spaniards8 ,the universal cultivation of the mind and heart is the only true source of opulence2--the cultivation of the mind1 by which to lay hold on the treasures of nature2 the cultivation of the heart1 by which to devote those treasures to beneficent uses4 ,where this cultivation exists1 no matter how barren the soil or ungenial the clime1 there comfort and competence will abound2 for it is the intellectual and moral condition of the cultivator that impoverishes the soil or makes it teem with abundance4 ,he who disobeys the law of ,god in regard to the culture of the intellectual and spiritual nature1 may live in the valley of the ,nile1 but he can rear only the 8lean kine0 of ,pharaoh2 but he who obeys the highest law may dwell in the cold and inhospitable regions of ,scotland or of ,new ,england1 and 8well-formed and fat-fleshed kine0 shall feed on all his meadows4 ,if ,pharaoh will be a taskmaster1 and will not let the bondmen go free1 the corn in his field shall be the 8seven thin ears blasted by the east wind20 but if he will obey the commandments of the ,lord1 then behold there shall be 8seven ears of corn upon one stalk1 all rank and good40 ,sir1 the sweat of a slave poisons the soil upon which it falls2 his breath is mildew to every green thing2 his tear withers the verdure it drops upon4 ,but slavery makes the general education of the whites impossible4 ,you cannot have general education without ,common ,schools4 ,common ,schools cannot exist where the population is sparse4 ,where slaves till the soil1 or do the principal part of whatever work is done1 the free population must be sparse4 ,slavery1 then1 by an inexorable law1 denies general education to the whites4 ,the providence of ,god is just and retributive4 ,create a serf caste1 and debar them from education1 and you necessarily debar a great portion of the privileged class from education also4 ,it is impossible1 in the present state of things1 or in any state of things which can be foreseen1 to have free and universal education in a slave state4 ,the difficulty is insurmountable4 ,for a well-organized system of ,common ,schools1 there should be two hundred children1 at least1 living in such proximity to each other that the oldest of them can come together to a central school4 ,it is not enough to gather from within a circle of half a dozen miles' diameter fifty or sixty children for a single school4 ,this brings all ages and all studies into the same room4 ,a good system requires a separation of school children into four1 or at least into three1 classes1 according to ages and attainments4 ,without this gradation1 a school is bereft of more than half its efficiency4 ,now1 this can never be done in an agricultural community where there are two classes of men--one to do all the work1 and the other to seize all the profits4 ,with ,new ,england habits of industry1 and with that diversified labor which would be sure to spring from intelligence1 the ,state of ,virginia1 which skirts us here on the south1 would support all the population of the ,new ,england states1 and fill them with abundance4 ,mr4 ,,bayly4 ,we have as great a population as ,new ,england now4 ,mr4 ,,mann4 ,as great a population as ,new ,england66 ,mr4 ,,bayly4 ,we send fifteen representatives4 ,a voice4 ,and how many of them represent slaves8 ,mr4 ,,mann4 ,massachusetts alone sends ten representatives4 ,a voice4 ,and the rest of ,new ,england twenty-one more4 ,mr4 ,,mann4 ,i say1 sir1 the single ,state of ,virginia could support in abundance the whole population of ,new ,england4 ,with such a free population1 the school children would be so numerous that public schools might be opened within three or four miles of each other all over its territory1--the light of each of which1 blending with its neighboring lights1 would illumine the whole land4 ,they would be schools1 too1 in point of cheapness1 within every man's means4 ,the degrading idea of pauper schools would be discarded forever4 ,but what is the condition of ,virginia now8 ,one quarter part of all its adult free white population are unable to read or write1 and were proclaimed to be so by a late governor1 in his annual message1 without producing any reform4 ,their remedy is to choose a governor who will not proclaim such a fact4 ,when has ,virginia1 in any state or national election1 given a majority equal to the number of its voters unable to read or write8 ,a republican government supported by the two pillars of ,slavery and ,ignorance6 ,in ,south ,carolina there is also a fund for the support of pauper schools2 but this had become so useless1 and was so disdained by its objects1 that a late governor of the state1 in his annual message1 recommended that it should be withdrawn from them altogether4 ,yet in many of the slave states there are beautiful paper systems of ,common ,schools1--dead laws in the statute books1--and the census tells us how profitless they have been4 ,in #ahdj1 in the fifteen slave states and territories1 there were only #bja1jhe scholars at the primary schools4 ,in the same class of schools in the free states1 there were #a1fbf1jbh1--;eight times as many4 ,new ,york alone had #ejb1cfg1 or two and a half times as many4 ,the scholars in the primary schools of ,ohio alone1 outnumbered all those in the fifteen slave states and territories by more than #ag1jjj4 ,in the slave states1 almost one tenth part of the free white population over twenty years of age are unable to read and write4 ,in the free states1 less than one in one hundred and fifty2 and at least four fifths of these are foreigners1 who ought not to be included in the computation4 ,many of the slave states1 too1 have munificent school funds4 ,kentucky has one of more than a million of dollars2 ,tennessee1 of two millions2 yet1 in #ahcg1 ,governor ,clarke1 of ,kentucky1 declared1 in his message to the legislature1 that 8one third of the adult population were unable to write their names20 and in the ,state of ,tennessee1 according to the last census1 there were #eh1eca of the same description of persons4 ,surely it would take more than five of these to make three freemen2 for the more a state has of them1 the less of intelligent freedom will there be in it4 ,and if the schools in the slave states are compared with the schools in the free states1 the deficiency in quality will be found as great as the deficiency in number4 ,sir1 during the last ten years ,i have had a most extensive correspondence with the intelligent friends of education in the slave states4 ,they yearn for progress1 but they cannot obtain it4 ,they procure laws to be passed1 but there is no one to execute them4 ,they set forth the benefits and the blessings of education2 but they speak in a vacuum1 and no one hears the appeal4 ,if a parent wishes to educate his children1 he must send them from home1 and thus suffer a sort of bereavement1 even while they live2 or he must employ a tutor or governess in his family1 which few are able to do4 ,the rich may do it1 but what becomes of the children of the poor8 ,in cities the obstacles are less2 but the number of persons resident in cities is relatively small4 ,all this is the inevitable consequence of slavery2 and it is as impossible for free1 thorough1 universal education to coxist with slavery as for two bodies to occupy the same space at the same time4 ,slavery would abolish education1 if it should invade a free state2 education would abolish slavery1 if it could invade a slave state4 ,destroying common education1 slavery destroys the fruits of common education1--the inventive mind1 practical talent1 the power of adapting means to ends in the business of life4 ,whence have come all those mechanical and scientific improvements and inventions which have enriched the world with so many comforts1 and adorned it with so many beauties2 which to-day give enjoyments and luxuries to a common family in a ,new ,england village1 that neither ,queen ,elizabeth of ,england nor any of her proud court ever dreamed of1 but a little more than two centuries ago8 ,among whom have these improvements originated8 ,all history and experience affirm that they have come1 and must come1 from people among whom education is most generous and unconfined4 ,increase the constituency1 if ,i may so speak1 of developed intellect1 and you increase in an equal ratio the chances of inventive1 creative genius4 ,from what part of our own country has come the application of steam to the propulsion of boats for commercial purposes1 or of wheels for manufacturing purposes8 ,where have the various and almost infinite improvements been made which have resulted in the present perfection of cotton and woollen machinery8 ,whence came the invention of the cotton-gin1 and the great improvements in railroads8 ,where was born the mighty genius who invented the first lightning rod1 which sends the electric fluid harmless into the earth2 or that other genius1 not less beneficent1 who invented the second lightning rod1 which sends the same fluid from city to city on messages of business or of affection8 ,sir1 these are results which you can no more have without common education1 without imbuing the public mind with the elements of knowledge1 than you can have corn without planting1 or harvests without sunshine4 ,look into the ,patent ,office reports1 and see in what sections of country mechanical improvements and the application of science to the useful arts have originated4 ,out of five hundred and seventy-two patents issued in #ahdg1 only sixty-six went to the slave states4 ,the patents annually issued1 it is true1 are a mingled heap of chaff and wheat1 but some of it is wheat worthy of ,olympus4 ,i think the ,patent ,office reports show that at least six or eight times as many patents have been taken out for the north as for the south4 ,what improvements will a slave ever make in agricultural implements2 in the manufacture of metals2 in preparing wool1 cotton1 silk1 fur1 or paper2 in chemical processes2 in the application of steam2 in philosophical1 nautical1 or optical instruments2 in civil engineering1 architecture1 the construction of roads1 canals1 wharves1 bridges1 docks1 piers1 c42 in hydraulics or pneumatics2 in the application of the mechanical powers2 in household furniture1 or wearing apparel2 in printing1 binding1 engraving1 c41 c48 ,this question1 when put in reference to slaves1 appears ridiculous2 and yet it is no more absurd1 when asked in reference to an ignorant slave1 than when asked in reference to an uneducated white man4 ,the fact that the latter is a voter makes no difference1 notwithstanding the common opinion1 in certain latitudes1 that it does4 ,all such improvements come from minds which have had an early awakening1 and been put on scientific trains of thought in their childhood and youth1--a thing utterly impossible for the people at large1 without ,common ,schools4 ,these are causes2 now look at effects4 ,in the ,new ,england states1 the iron manufacture is twenty times as much1 according to the population1 as it is in ,virginia2 and yet ,virginia has far more of the ore than they4 ,in cotton1 we can hardly find a fraction low enough to express the difference4 ,the ship-building in ,maine and ,massachusetts is thirty-five times as much as in ,virginia4 ,the north comes to the south1 cuts their timber1 carries it home1 manufactures it1 and then brings it back1 wrought into a hundred different forms1 to be sold to those who would see it rot before their eyes4 ,can any man give a reason why ,norfolk should not have grown like ,new ,york1 other than the difference in the institutions of the people8 ,jamestown was settled before ,plymouth1 and had natural advantages superior to it4 ,plymouth now has a population of between seven and eight thousand1 is worth two millions of dollars1 and taxed itself last year1 for schools and schoolhouses1 more than seven thousand dollars4 ,i ought rather to say1 that it invested more than seven thousand dollars in a kind of stock that yields a hundred per cent4 income4 ,how many bats there may be in the ruins of ,jamestown1 the last census does not inform us4 ,the books printed at the south ,i suppose not to be equal to one fiftieth part of the number printed at the north4 ,in maps1 charts1 engravings1 and so forth1 the elements of comparison exist only on one side4 ,out of universal education come genius1 skill1 and enterprise1 and the desire of bettering one's condition4 ,industry and frugality are their concomitants4 ,diversified labor secures a home market4 ,diligence earns much1 but the absence of the vices of indolence saves more4 ,hence comforts abound1 while capital accumulates4 ,after the home consumption is supplied1 there is a surplus for export4 ,the balance of trade is favorable4 ,all the higher institutions of learning and religion can be liberally supported4 ,these institutions impart an elevated and moral tone to society4 ,hence efforts for all kinds of social ameliorations4 ,temperance societies spring up4 ,societies for preventing crime2 for saving from pauperism2 for the reform of prisons and the reformation of prisoners2 for peace2 for sending missionaries to the heathen2 for diffusing the gospel1--all these1 where a sound education is given1 grow up1 in the order of ,providence1 as an oak grows out of an acorn4 ,in one thing the south has excelled1--in training statesmen4 ,the primary and the ultimate effects of slavery upon this fact are so well set forth in a late sermon by ,dr4 ,bushnell1 of ,hartford1 ,connecticut1 that ,i will read a passage from it3-- 8,and here1 since this institution of slavery1 entering into the fortunes of our history1 complicates in so many ways the disorders we suffer1 ,i must pause a few moments to sketch its characteristics4 ,slavery1 it is not to be denied1 is an essentially barbarous institution4 ,it gives us1 too1 that sign which is the perpetual distinction of barbarism1 that it has no law of progress4 ,the highest level it reaches is the level at which it begins4 ,indeed1 we need not scruple to allow that it has yielded us one considerable advantage1 in virtue of the fact that it produces its best condition first4 ,for while the northern people were generally delving in labor1 for many generations1 to create a condition of comfort1 slavery set the masters at once on a footing of ease1 gave them leisure for elegant intercourse1 for unprofessional studies1 and seasoned their character thus with that kind of cultivation which distinguishes men of society4 ,a class of statesmen were thus raised up1 who were prepared to figure as leaders in scenes of public life1 where so much depends on manners and social address4 ,but now the scale is changing4 ,free labor is rising1 at length1 into a state of wealth and comfort1 to take the lead of ,american society4 ,meanwhile1 the foster-sons of slavery1--the high families1 the statesmen1--gradually receding in character1 as they must under this vicious institution1 are receding also in power and influence1 and have been ever since the revolution4 ,slavery is a condition against nature2 the curse of nature1 therefore1 is on it1 and it bows to its doom by a law as irresistible as gravity4 ,it produces a condition of ease which is not the reward of labor1 and a state of degradation which is not the curse of idleness4 ,therefore1 the ease it enjoys cannot but end in a curse1 and the degradation it suffers cannot rise into a blessing4 ,it nourishes imperious and violent passions4 ,it makes the masters solitary sheiks on their estates1 forbidding thus the possibility of public schools1 and preventing also that condensed form of society which is necessary to the vigorous maintenance of churches4 ,education and religion thus displaced1 the dinner table only remains1 and on this hangs1 in great part1 the keeping of the social state4 ,but however highly we may estimate the humanizing power of hospitality1 it cannot be regarded as any sufficient spring of character4 ,it is neither a school nor a gospel4 ,and when it comes of self-indulgence1 or only seeks relief for the tedium of an idle life1 scarcely does it bring with it the blessings of a virtue4 ,the accomplishments it yields are of a mock quality1 rather than of a real1 having about the same relation to a substantial and finished culture that honor has to character4 ,this kind of currency will pass no longer2 for1 it is not expense without comfort1 or splendor set in disorder1 as diamonds in pewter2 it is not air in place of elegance1 or assurance substituted for ease2 neither is it to be master of a fluent speech1 or to garnish the same with stale quotations from the classics2 much less is it to live in the ,don ,juan vein1 accepting barbarism by poetic inspiration1--the same by which a late noble poet1 drawing out of ,turks and pirates1 became the chosen laureate of slavery1--not any or all of these can make up such a style of man1 or of life1 as we in this age demand4 ,we have come up now to a point where we look for true intellectual refinement1 and a ripe state of personal culture4 ,but how clearly is it seen to be a violation of its own laws1 for slavery to produce a genuine scholar1 or a man who1 in any department of excellence1 unless it be in politics1 is not a full century behind his time8 ,and if we ask for what is dearer and better still1 for a pure ,christian morality1 the youth of slavery are trained in no such habits as are most congenial to virtue4 ,the point of honor is the only principle many of them know4 ,violence and dissipation bring down every succeeding generation to a state continually lower2 so that now1 after a hundred and fifty years are passed1 the slaveholding territory may be described as a vast missionary ground1 and one so uncomfortable to the faithful ministry of ,christ1 by reason of its jealous tempers1 and the known repugnance it has to many of the first maxims of the gospel1 that scarcely a missionary can be found to enter it4 ,connected with this moral decay1 the resources of nature also are exhausted1 and her fertile territories changed to a desert1 by the uncreating power of a spendthrift institution4 ,and then1 having made a waste where ,god had made a garden1 slavery gathers up the relics of bankruptcy1 and the baser relics still of virtue and all manly enterprise1 and goes forth to renew1 on a virgin soil1 its dismal and forlorn history4 ,thus1 at length1 has been produced what may be called the bowie-knife style of civilization1 and the new west of the south is overrun by it1--a spirit of blood which defies all laws of ,god and man2--honorable1 but not honest2 prompt to resent an injury1 slack to discharge a debt2 educated to ease1 and readier1 of course1 when the means of living fail1 to find them at the gambling table or the race-ground1 than in any work of industry1--probably squandering the means of living there1 to relieve the tedium of ease itself40 ,the free schools of the north lead to the common diffusion of knowledge1 and the equalization of society4 ,the private schools of the south divide men into patricians and plebeians2 so that1 in the latter1 a nuisance grows out of education itself4 ,in the public schools of ,new ,york there are libraries now amounting to more than a million of volumes4 ,in the schools of ,massachusetts the number of volumes is relatively less2 but the quality is greatly superior4 ,in each of these states1 within half an hour's walk of the poorest farm-house or mechanic's shop1 there is a library1 free and open to every child1 containing works of history1 biography1 travels1 ethics1 natural science1 c41 c41 which will supply him with the noblest capital of intelligence1 wherewith to commence the business of making himself a useful and intelligent citizen4 ,with the exception of ,new ,orleans1 7whose free schools were commenced and have been presided over by a ,massachusetts man17 and three or four other cities1 all the libraries in the public schools of the slave states could be carried in a schoolboy's satchel4 ,the libraries of all the universities and colleges of the south contain #bbc1daf volumes2 those of the north1 #eic1hig volumes4 ,the libraries of southern theological schools1 #bb1hjj2 those of northern1 #ajb1jhj4 ,look into ,silliman's ,journal1 or the volumes of the ,american ,academy of ,arts and ,sciences1 and inquire whence the communications came4 ,where live the historians of the country1 ,sparks1 ,prescott1 ,bancroft2 the poets1 ,whittier1 ,bryant1 ,longfellow1 ,lowell2 the jurists1 ,story1 ,kent1 ,wheaton2 the classic models of writing1 ,charming1 ,everett1 ,irving2 the female writers1 ,miss ,sedgwick1 ,mrs4 ,sigourney1 and ,mrs4 ,child8 ,all this proceeds from no superiority of natural endowment on the one side1 or inferiority on the other4 ,the ,southern ,states are all within what may be called 8the latitudes of genius20 for there is a small belt around the globe1 comprising but a few degrees of latitude1 which has produced all the distinguished men who have ever lived4 ,i say this difference results from no difference in natural endowment4 ,the mental endowments at the south are equal to those in any part of the world4 ,but it comes because1 in one quarter1 the common atmosphere is vivified with knowledge1 electric with ideas1 while slavery gathers its ,botian fogs over the other4 ,what ,west ,point has been to our armies in ,mexico1 that1 and more than that1 good schools would be to the intelligence and industrial prosperity of our country4 ,it may seem a little out of place1 but ,i cannot forbear here adverting to one point1 which1 as a lover of children and as a parent1 touches me more deeply than any other4 ,to whom are intrusted1 at the south1 the early care and nurture of children8 ,it has been thought by many educators and metaphysicians1 that children learn as much before the age of seven years as ever afterwards4 ,who1 at the south1 administers this early knowledge1--these ideas1 these views1 that have such sovereign efficacy in the formation of adult character8 ,who has the custody of children during this ductile1 forming1 receptive period of life1--a period when the mind absorbs whatever is brought into contact with it8 ,sir1 the children of the south1 more or less1 and generally more1 are tended and nurtured by slaves4 ,ignorance1 superstition1 vulgarity1 passion1 and perhaps impurity1 are the breasts at which they nurse4 ,whatever afflictions ,god may see fit to bring upon me1 whatever other mercies ,he may withhold1 may ,he give me none but persons of intelligence1 of refinement1 and of moral excellence1 to walk with my children during the imitative years of their existence1 and to lead them in the paths of knowledge1 and breathe into their hearts the breath of a moral and religious life4 ,before considering the moral character of slavery1 ,i wish to advert for a moment to the position which we occupy as one of the nations of the earth1 in this advancing period of the world's civilization4 ,nations1 like individuals1 have a character4 ,the date of the latter is counted by years2 that of the former1 by centuries4 ,no man can have any self-respect1 who is not solicitous about his posthumous reputation4 ,no man can be a patriot who feels neither joy nor shame at the idea of the honor or the infamy which his age and his country shall leave behind them4 ,nations1 like individuals1 have characteristic objects of ambition4 ,greece coveted the arts2 ,rome gloried in war2 but liberty has been the goddess of our idolatry4 ,amid the storms of freedom were we cradled2 in the struggles of freedom have our joints been knit2 on the rich aliment of freedom have we grown to our present stature4 ,with a somewhat too boastful spirit1 perhaps1 have we challenged the admiration of the world for our devotion to liberty2 but an enthusiasm for the rights of man is so holy a passion1 that even its excesses are not devoid of the beautiful4 ,we have not only won freedom for ourselves1 but we have taught its sacred lessons to others4 ,the shout of 8,death to tyrants1 and freedom for man60 which pealed through this country seventy years ago1 has at length reached across the ,atlantic2 and whoever has given an attentive ear to the sounds which have come back to us1 within the last few months1 from the ,european world1 cannot have failed to perceive that they were only the far-travelled echoes of the ,american ,declaration of ,independence4 ,but in the divine face of our liberty there has been one foul1 demoniac feature4 ,whenever her votaries would approach her to worship1 they have been fain to draw a veil over one part of her visage1 to conceal its hideousness4 ,whence came this deformity on her otherwise fair and celestial countenance8 ,sad is the story1 but it must be told4 ,her mother was a vampire4 ,as the daughter lay helpless in her arms1 the beldam tore open her living flesh1 and feasted upon her lifeblood4 ,hence this unsightly wound1 that affrights whoever beholds it4 ,but1 sir1 ,i must leave dallying with these ambiguous metaphors4 ,one wants the plain1 sinewy1 ,saxon tongue to tell of deeds that should have shamed devils4 ,great ,britain was the mother4 ,her ,american colonies were the daughter4 ,the mother lusted for gold4 ,to get it1 she made partnership with robbery and death4 ,shackles1 chains1 and weapons for human butchery1 were her outfit in trade4 ,she made ,africa her hunting-ground4 ,she made its people her prey1 and the unwilling colonies her market-place4 ,she broke into the ,ethiop's home1 as a wolf into a sheepfold at midnight4 ,she set the continent a-flame1 that she might seize the affrighted inhabitants as they ran shrieking from their blazing hamlets4 ,the aged and the infant she left for the vultures2 but the strong men and the strong women she drove1 scourged and bleeding1 to the shore4 ,packed and stowed like merchandise between unventilated decks1 so close that the tempest without could not ruffle the pestilential air within1 the voyage was begun4 ,once a day the hatches were opened1 to receive food and to disgorge the dead4 ,thousands and thousands of corpses1 which she plunged into the ocean from the decks of her slave ships1 she counted only as the tare of commerce4 ,the blue monsters of the deep became familiar with her pathway1 and1 not more remorseless than she1 they shared her plunder4 ,at length the accursed vessel reached the foreign shore4 ,and there1 monsters of the land1 fiercer and feller than any that roam the watery plains1 rewarded the robber by purchasing his spoils4 ,for more than a century did the madness of this traffic rage4 ,during all those years1 the clock of eternity never counted out a minute that did not witness the cruel death1 by treachery or violence1 of some son or daughter1 some father or mother1 of ,africa4 ,the three millions of slaves that now darken our southern horizon are the progeny of these progenitors1--a doomed race1 fated and suffering from sire to son4 ,but the enormities of the mother country did not pass without remonstrance4 ,many of the colonies expostulated against1 and rebuked them4 ,the ,new ,england colonies1 ,new ,jersey1 ,pennsylvania1 ,virginia1 presented to the throne the most humble and suppliant petitions1 praying for the abolition of the trade4 ,the colonial legislatures passed laws against it4 ,but their petitions were spurned from the throne4 ,their laws were vetoed by the governors4 ,in informal negotiations attempted with the ministers of the crown1 the friends of the slave were made to understand that royalty turned an adder's ear to their prayers4 ,the profoundest feelings of lamentation and abhorrence were kindled in the bosoms of his western subjects by this flagitious conduct of the king4 ,in that dark catalogue of crimes1 which led our fathers to forswear allegiance to the ,british throne1 its refusal to prohibit the slave trade to the colonies is made one of the most prominent of those political offences which are said to 8define a tyrant40 ,in the original draught of the ,declaration of ,independence1 as prepared by ,mr4 ,jefferson1 this crime of ,king ,george the ,third is set forth in the following words3-- 8,he has waged cruel war against human nature itself1 violating its most sacred rights of life and liberty in the persons of a distant people who never offended him1 captivating and carrying them into slavery in another hemisphere1 or to incur a miserable death in their transportation thither4 ,this piratical warfare1 the opprobrium of infidel powers1 is the warfare of the ,,christian ,king of ,great ,britain4 ,determined to keep a market where ,,men should be bought and sold1 he has prostituted his negative for suppressing every legislative attempt to prohibit or to restrain this execrable commerce40 ,now1 if the ,king of ,great ,britain prostituted his negative that slavery might not be restricted1 what1 in after times1 shall be said of those who prostitute their affirmative that it may be extended8 ,yet it is now proposed1 in some of the state legislatures1 and in this ,capitol1 to do precisely the same thing1 in regard to the ,territory of ,oregon1 which was done by ,great ,britain to her transatlantic possessions2 not merely to legalize slavery there1 but to prohibit its inhabitants from prohibiting it4 ,though three thousand miles west of ,great ,britain1 she had certain constitutional rights over us1 and could affect our destiny4 ,though the inhabitants of ,oregon are three thousand miles west of us1 yet we have certain constitutional rights over them1 and can affect their destiny4 ,great ,britain annulled our laws for prohibiting slavery2 we propose to annul an existing law of ,oregon prohibiting slavery4 ,if the execrations of mankind are yet too feeble and too few to punish ,great ,britain for her wickedness1 what scope1 what fulness1 what eternity of execration and anathema will be a sufficient retribution upon us1 if we volunteer to copy her example8 ,it was in the eighteenth century when the mother country thus made merchandise of human beings1--a time when liberty was a forbidden word in the languages of ,europe4 ,it is in the nineteenth century that we propose to renact1 and on an ampler scale1 the same execrable villany1--a time when liberty is the rallying cry of all ,christendom4 ,so great has been the progress of liberal ideas within the last century1 that what was venial at its beginning is unpardonable at its close4 ,to drive coffles of slaves from here to ,oregon1 in the middle of the nineteenth century1 is more infamous than it was to bring cargoes of slaves from ,africa here1 in the middle of the eighteenth4 ,yet such is the period that men would select to perpetuate and increase the horrors of this traffic4 ,sir1 how often1 on this floor1 have indignant remonstrances been addressed to the north1 for agitating the subject of slavery8 ,how often have we at the north been told that we were inciting insurrection1 fomenting a servile war1 putting the black man's knife to the white man's throat4 ,the air of this hall has been filled1 its walls have been1 as it were1 sculptured1 by southern eloquence1 with images of devastated towns1 of murdered men and ravished women2 and1 as a defence against the iniquities of the institution1 they have universally put in the plea that the calamity was entailed upon them by the mother country1 that it made a part of the world they were born into1 and therefore they could not help it4 ,i have always been disposed to allow its full weight to this palliation4 ,but if they now insist upon perpetrating against the whole western world1 which happens at present to be under our control1 the same wrongs which1 in darker days1 ,great ,britain perpetrated against them1 they will forfeit every claim to sympathy4 ,sir1 here is a test4 ,let not southern men1 who would now force slavery upon new regions1 ever deny that their slavery at home is a chosen1 voluntary1 beloved crime4 ,but let us look1 sir1 at the moral character of slavery4 ,it is proposed not merely to continue this institution where it now exists1 but to extend it to the ,pacific ,ocean1--to spread it over the vast slopes of the ,rocky ,mountains4 ,sir1 the conduct of governments1 like the conduct of individuals1 is subject to the laws and the retributions of ,providence4 ,if1 therefore1 there is any ingredient of wrong in this institution1 we ought not to adopt it1 or to permit it1 even though it should pour wealth in golden showers over the whole surface of the land4 ,in speaking of the moral character of slavery1 sir1 ,i mean to utter no word for the purpose of wounding the feelings of any man4 ,on the other hand1 ,i mean not to wound the cause of truth by abstaining from the utterance of any word which ,i ought to speak4 ,the institution of slavery is against natural right4 ,jurists1 from the time of ,justinian2 orators1 from the time of ,cicero2 poets1 from the time of ,homer1 declare it to be wrong4 ,the writers on moral or ethical science1--the expounders of the law of nations and of ,god1--denounce slavery as an invasion of the rights of man4 ,they find no warrant for it in the eternal principles of justice and equity2 and in that great division which they set forth between right and wrong1 they arrange slavery in the catalogue of crime4 ,all the noblest instincts of human nature rebel against it4 ,whatever has been taught by sage1 or sung by poet1 in favor of freedom1 is a virtual condemnation of slavery4 ,whenever we applaud the great champions of liberty1 who1 by the sacrifice of life in the cause of freedom1 have won the homage of the world and an immortality of fame1 we record the testimony of our hearts against slavery4 ,wherever patriotism and philanthropy have glowed brightest2 wherever piety and a devout religious sentiment have burned most fervently1 there has been the most decided recognition of the universal rights of man4 ,sir1 let us analyze this subject1 and see if slavery be not the most compact1 and concentrated1 and condensed system of wrong which the depravity of man has ever invented4 ,slavery is said to have had its origin in war4 ,it is claimed that the captor had a right to take the life of his captive2 and that if he spared that life he made it his own1 and thus acquired a right to control it4 ,i deny the right of the captor to the life of his captive2 and even if this right were conceded1 ,i deny his right to the life of the captive's offspring4 ,but this relation between captor and captive precludes the idea of peace2 for no peace can be made where there is no free agency4 ,peace being precluded1 it follows inevitably that the state of war continues4 ,hence1 the state of slavery is a state of war2 and though active hostilities may have ceased1 they are liable to break out1 and may rightfully break out1 at any moment4 ,how long must our fellow-citizens1 who were enslaved in ,algiers1 have continued in slavery1 before they would have lost the right of escape or of resistance8 ,the gentleman from ,virginia1 ,mr4 ,,bocock1 in his speech this morning1 put the right of the slaveholder upon a somewhat different ground4 ,he said a man might acquire property in a horse before the existence of civil society1 by catching a wild one4 ,and so1 he added1 one man might acquire property in another man1 by subduing him to his will4 ,the superior force gave the right1 whether to the horse or to the man4 ,now1 if this be so1 and if at any time the superior force should change sides1 then it follows inevitably that the relation of the parties might be rightfully changed by a new appeal to force4 ,the same gentleman claims ,bible authority for slavery4 ,he says1 8,i see slavery there tolerated1 ,i had almost said inculcated4 ,i see such language as this3 #8,both thy bondmen and thy bondmaids shall be of the heathen that are round about you2 of them shall you buy bondmen and bondmaids2 and ye shall take them as an inheritance for your children after you1 to inherit them for a possession1'0 c4 ,does not the gentleman know that1 by the same authority1 the ,israelitish slaves were commanded to despoil their ,egyptian masters1 and to escape from bondage8 ,surely the latter is as good an authority as the former4 ,if the gentleman's argument is sound1 he is bound to advocate a repeal of the act of #agic4 ,if the gentleman's argument is sound1 the free states1 instead of surrendering fugitive slaves to their masters1 are bound to give those masters a ,red ,sea reception and embrace2 and the escape of the children of ,israel into ,canaan is a direct precedent for the underground railroad to ,canada4 ,both the gentleman from ,kentucky1 ,mr4 ,,french1 yesterday1 and the gentleman from ,virginia1 to-day1 spoke repeatedly1 and without the slightest discrimination1 of 8a slave and a horse10 8a slave and a mule10 c4 ,what should we think1 sir1 of a teacher for our children1 or even of a tender of our cattle1 who did not recognize the difference between men and mules1--between humanity and horse-flesh8 ,what should we think1 if1 on opening a work1 claiming to be a scientific treatise on zology1 we should find the author to be ignorant of the difference between biped and quadruped1 or between men and birds1 or men and fishes8 ,yet such errors would be trifling compared with those which have been made through all this debate4 ,they would be simple errors in natural history1 perhaps harmless2 but these are errors1--fatal errors1--in humanity and ,christian ethics4 ,no1 sir2 all the legislation of the slave states proves that they do not treat1 and cannot treat1 a human being as an animal4 ,i will show that they are ever trying to degrade him into an animal1 although they can never succeed4 ,this conscious idea that the state of slavery is a state of war1--a state in which superior force keeps inferior force down1--develops and manifests itself perpetually4 ,it exhibits itself in the statute books of the slave states1 prohibiting the education of slaves1 making it highly penal to teach them so much as the alphabet2 dispersing and punishing all meetings where they come together in quest of knowledge4 ,look into the statute books of the free states1 and you will find law after law1 encouragement after encouragement1 to secure the diffusion of knowledge4 ,look into the statute books of the slave states1 and you find law after law1 penalty after penalty1 to secure the extinction of knowledge4 ,who has not read with delight those books which have been written1 both in ,england and in this country1 entitled 8,the ,pursuit of ,knowledge under ,difficulties10 giving the biographies of illustrious men1 who1 by an undaunted and indomitable spirit1 had risen from poverty and obscurity to the heights of eminence1 and blessed the world with their achievements in literature1 in science1 and in morals8 ,yet here1 in what we call republican ,america1 are fifteen great states1 vying with each other to see which will bring the blackest and most impervious pall of ignorance over three millions of human beings2 nay1 which can do most to stretch this pall across the continent1 from the ,atlantic to the ,pacific4 ,is not knowledge a good8 ,is it not one of the most precious bounties which the all-bountiful ,giver has bestowed upon the human race8 ,sir ,john ,herschel1 possessed of ample wealth1 his capacious mind stored with the treasures of knowledge1 surrounded by the most learned society in the most cultivated metropolis in the world1 says1 8,if ,i were to pray for a taste which should stand me in stead1 under every variety of circumstances1 and be a source of happiness and cheerfulness to me through life1 and a shield against its ills1 however things might go amiss1 and the world frown upon me1 it would be a taste for reading40 ,yet it is now proposed to colonize the broad regions of the west with millions of our fellow-beings1 who shall never be able to read a book1 or write a word2 to whom knowledge shall bring no delight in childhood1 no relief in the weary hours of sickness or convalescence1 no solace in the decrepitude of age2 who shall perceive nothing of the beauties of art1 who shall know nothing of the wonders of science1 who shall never reach any lofty1 intellectual conception of the attributes of their great ,creator2--deaf to all the hosannas of praise which nature sings to her ,maker2 blind in this magnificent temple which ,god has builded4 ,sir1 it is one of the noblest attributes of man that he can derive knowledge from his predecessors4 ,we possess the accumulated learning of ages4 ,from ten thousand confluent streams1 the river of truth1 widened and deepened1 has come down to us2 and it is among our choicest delights1 that if we can add to its volume1 as it rolls on1 it will bear a richer freight of blessings to our successors4 ,but it is here proposed to annul this beneficent law of nature2 to repel this proffered bounty of ,heaven4 ,it is proposed to create a race of men1 to whom all the lights of experience shall be extinguished2 whose hundredth generation shall be as ignorant and as barbarous as its first4 ,sir1 ,i hold all voluntary ignorance to be a crime2 ,i hold all enforced ignorance to be a greater crime4 ,knowledge is essential to all rational enjoyment2 it is essential to the full and adequate performance of every duty4 ,whoever intercepts knowledge1 therefore1 on its passage to a human soul2 whoever strikes down the hand that is outstretched to grasp it1 is guilty of one of the most heinous of offences4 ,add to your virtue knowledge1 says the apostle2 but here the command is1 ,be-cloud and be-little by ignorance whatever virtue you may possess4 ,sir1 let me justify the earnestness of these expressions by describing the transition of feeling through which ,i have lately passed4 ,i come from a community where knowledge ranks next to virtue in the classification of blessings4 ,on the tenth day of ,april last1 the day before ,i left home for this place1 ,i attended the dedication of a schoolhouse in ,boston which had cost #gj1jjj4 ,the mayor presided1 and much of the intelligence and worth of the city was present on the occasion4 ,i see by a paper which ,i have this day received1 that another schoolhouse1 in the same city1 was dedicated on ,monday of the present week4 ,it was there stated by the mayor that the cost of the city schoolhouses which had been completed within the last three months was #bjj1jjj4 ,on ,tuesday of this week1 a new high schoolhouse in the city of ,cambridge was dedicated4 ,mr4 ,everett1 the president of ,harvard ,college1 was present1 and addressed the assembly in a long1 and1 ,i need not add1 a most beautiful speech4 ,that schoolhouse1 with two others to be dedicated within a week1 will have cost #be1jjj4 ,last week1 in the neighboring city of ,charlestown1 a new high schoolhouse1 of a most splendid and costly character1 was dedicated by the mayor and city government1 by clergy and laity4 ,but it is not mayors of cities and presidents of colleges alone that engage in the work of consecrating temples of education to the service of the young4 ,since ,i have been here1 the governor of the commonwealth1 ,mr4 ,briggs1 went to ,newburyport1 a distance of forty miles1 to attend the dedication of a schoolhouse which cost #be1jjj4 ,on a late occasion1 when the same excellent chief magistrate travelled forty miles to attend the dedication of a schoolhouse in the country1 some speaker congratulated the audience because the governor of the commonwealth had come down from the executive chair to honor the occasion4 8,no10 said he1 8,i have come up to the occasion to be honored by it40 ,within the last year1 #bjj1jjj have been given by individuals to ,harvard ,college4 ,within a little longer time than this1 the other two colleges in the state have received1 together1 a still larger endowment from individuals or the state4 ,these measures are part of a great system which we are carrying on for the elevation of the race4 ,last year1 the voters of ,massachusetts1 in their respective towns1 voluntarily taxed themselves about a million of dollars for the support of ,common ,schools4 ,we have an old law on the statute book1 requiring towns to tax themselves for the support of public schools2 but the people have long since lost sight of this law in the munificence of their contributions4 ,massachusetts is now erecting a reform school for vagrant and exposed children1--so many of whom come to us from abroad1--which will cost the state more than a hundred thousand dollars4 ,an unknown individual has given twenty thousand dollars towards it4 ,we educate all our deaf and dumb and blind4 ,an appropriation was made by the last legislature to establish a school for idiots1 in imitation of those beautiful institutions in ,paris1 in ,switzerland1 and in ,berlin1 where the most revolting and malicious of this deplorable class are tamed into docility1 made lovers of order and neatness1 and capable of performing many valuable services4 ,the future teacher of this school is now abroad1 preparing himself for his work4 ,a few years ago1 ,mr4 ,everett1 the present president of ,harvard ,college1 then governor of the commonwealth1 spoke the deep convictions of ,massachusetts people1 when1 in a public address on education1 he exhorted the fathers and mothers of ,massachusetts in the following words3 8,save10 said he1 8save1 spare1 scrape1 stint1 starve1 do any thing but steal10 to educate your children4 ,and ,doctor ,howe1 the noble-hearted director of the ,institution for the ,blind1 lately uttered the deepest sentiments of our citizens1 when1 in speaking of our duties to the blind1 the deaf and dumb1 and the idiotic1 he said1 8,the sight of any human being left to brutish ignorance is always demoralizing to the beholders4 ,there floats not upon the stream of life a wreck of humanity so utterly shattered and crippled1 but that its signals of distress should challenge attention and command assistance40 ,sir1 it was all glowing and fervid with sentiments like these1 that1 a few weeks ago1 ,i entered this ,house1--sentiments transfused into my soul from without1 even if ,i had no vital spark of nobleness to kindle them within4 ,imagine1 then1 my strong revulsion of feeling1 when the first set1 elaborate speech which ,i heard1 was that of the gentleman from ,virginia1 proposing to extend ignorance to the uttermost bounds of this republic1--to legalize it1 to enforce it1 to necessitate it1 and make it eternal4 ,since him1 many others have advocated the same abhorrent doctrine4 ,not satisfied with dooming a whole race of our fellow-beings to mental darkness1 impervious and everlasting1--not satisfied with drawing this black curtain of ignorance between man and nature1 between the human soul and its ,god1 from the ,atlantic to the ,rio ,grande1 across half the continent1--they desire to increase this race ten1 twenty millions more1 and to unfold and spread out this black curtain across the other half of the continent4 ,when1 sir1 in the halls of legislation1 men advocate measures like this1 it is no figure of speech to say that their words are the clankings of multitudinous fetters2 each gesture of their arms tears human flesh with ten thousand whips2 each exhalation of their breath spreads clouds of moral darkness from horizon to horizon4 ,twenty years ago1 a sharp sensation ran through the nerves of the civilized world1 at the story of a young man named ,caspar ,hauser1 found in the city of ,nuremberg1 in ,bavaria4 ,though sixteen or seventeen years of age1 he could not walk nor talk4 ,he heard without understanding2 he saw without perceiving2 he moved without definite purpose4 ,it was the soul of an infant in the body of an adult4 ,after he had learned to speak1 he related that1 from his earliest recollection1 he had always been kept in a hole so small1 that he could not stretch out his limbs1 where he saw no light1 heard no sound1 nor even witnessed the face of the attendant who brought him his scanty food4 ,for many years conjecture was rife concerning his history1 and all ,germany was searched to discover his origin4 ,after a long period of fruitless inquiry and speculation1 public opinion settled down into the belief that he was the victim of some great unnatural crime2 that he was the heir to some throne1 and had been sequestered by ambition2 or the inheritor of vast wealth1 and had been hidden away by cupidity2 or the offspring of criminal indulgence1 and had been buried alive to avoid exposure and shame4 ,a ,german1 ,von ,feuerbach1 published an account of ,caspar1 entitled 8,the ,example of a ,crime on the ,life of the ,soul40 ,but why go to ,europe to be thrilled with the pathos of a human being shrouded from the light of nature1 and cut off from a knowledge of duty and of ,god8 ,to-day1 in this boasted land of light and liberty1 there are three million ,caspar ,hausers2 and1 as if this were not enough1 it is proposed to multiply their number tenfold1 and to fill up all the western world with these proofs of human avarice and guilt4 ,it is proposed that we ourselves should create and should publish to the world1 not one1 but untold millions of 8,examples of a ,crime on the ,life of the ,soul40 ,it is proposed that the self-styled freemen1 the self-styled ,christians1 of fifteen great states in this ,american ,union1 shall engage in the work of procreating1 rearing1 and selling ,caspar ,hausers1 often from their own loins2 and if any further development of soul or of body is allowed to the ,american victims than was permitted to the ,bavarian child1 it is only because such development will increase their market value at the barracoons4 ,it is not from any difference of motive1 but only the better to insure that motive's indulgence4 ,the slave child must be allowed to use his limbs1 or how could he drudge out his life in the service of his master8 ,the slave infant must be taught to walk1 or how1 under the shadow of this thrice-glorious ,capitol1 could he join a coffle for ,new ,orleans8 ,i know1 sir1 that it has been said1 within a short time past1 that ,caspar ,hauser was an impostor1 and his story a fiction4 ,would to ,god that this could ever be said of his fellow-victims in ,america6 ,for another reason slavery is an unspeakable wrong4 ,the slave is debarred from testifying against a white man4 ,the courts will not hear him as a witness4 ,by the principles of the common law1 if any man suffers violence at the hands of another1 he can prefer his complaint to magistrates1 or to the grand juries of the courts1 who are bound to give him redress4 ,hence the law is said to hold up its shield before every man for his protection4 ,it surrounds him in the crowded street and in the solitary place4 ,it guards his treasures with greater vigilance than locks or iron safes2 and against meditated aggressions upon himself1 his wife1 or his children1 it fastens his doors every night more securely than triple bolts of brass4 ,but all these sacred protections are denied to the slave4 ,while subjected to the law of force1 he is shut out from the law of right4 ,to suffer injury is his1 but never to obtain redress4 ,for personal cruelties1 for stripes that shiver his flesh1 and blows that break his bones1 for robbery or for murder1 neither he nor his friends can have preventive1 remedy1 or recompense4 ,the father1 who is a slave1 may see son or daughter scored1 mangled1 mutilated1 or ravished before his eyes1 and he must be dumb as a sheep before its shearers4 ,the wife may be dishonored in the presence of the husband1 and1 if he remonstrates or rebels1 the miscreant who could burn with the lust will burn not less fiercely with a vengeance to be glutted upon his foiler4 ,suppose1 suddenly1 by some disastrous change in the order of nature1 an entire kingdom or community were to be enveloped in total darkness1--to have no day1 no dawn1 but midnight evermore6 ,into what infinite forms of violence and wrong would the depraved passions of the human heart spring up1 when no longer restrained by the light of day1 and the dangers of exposure6 ,so far as legal rights against his oppressors are concerned1 the slave lives in such a world of darkness4 ,a hundred of his fellows may stand around him and witness the wrongs he suffers1 but not one of them can appeal to jury1 magistrate1 or judge1 for punishment or redress4 ,the wickedest white man1 in a company of slaves1 bears a charmed life4 ,there is not one of the fell passions that rages in his bosom which he cannot indulge with wantonness and to satiety1 and the court has no ears to hear the complaint of the victim4 ,how dearly does every honorable man prize character6 ,the law denies the slave a character2 for1 however traduced1 legal vindication is impossible4 ,and yet1 infinitely flagrant as the anomaly is1 the slave is amenable to the laws of the land for all offences which he may commit against others1 though he is powerless to protect himself by the same law from offences which others may commit against him4 ,he may suffer all wrong1 and the courts will not hearken to his testimony2 but for the first wrong he does1 the same courts inflict their severest punishments upon him4 ,this is the reciprocity of slave law4--to be forever liable to be proved guilty1 but never able to prove himself innocent2 to be subject to all punishments1 but1 through his own oath1 to no protection4 ,hear what is said by the highest judicial tribunal of ,south ,carolina3 8,although slaves are held to be the absolute property of their owners1 yet they have the power of committing crimes40--#b;d ,nott and ,mc,cord's ,rep41 p4 #agi4 ,a negro is so far amenable to the common law1 that he may be one of three to constitute the number necessary to make a riot4--#ast ,bay's ,rep41 #ceh4 ,by the laws of the same state1 a negro may be himself stolen1 and he has no redress2 but if he steals a negro from another1 he shall be hung4--#b;d ,nott and ,mc,cord's ,rep41 #agi4 ,an example of this penalty suffered by a slave4 ,this is the way that slave legislatures and slave judicatories construe the command of ,christ1 8,whatsoever ye would that men should do unto you1 do ye also the same unto them40 ,nay1 by the laws of some of the slave states1 where master and slave are engaged in a joint act1 the slave is indictable1 while the master is not4 ,what rights are more sacred or more dear to us than the conjugal and the parental8 ,no savage nation1 however far removed from the frontiers of civilization1 has ever yet been discovered1 where these rights were unknown or unhonored4 ,the beasts of the forest feel and respect them4 ,it is only in the land of slaves that they are blotted out and annihilated4 ,slavery is an unspeakable wrong to the conscience4 ,the word 8conscience0 conveys a complex idea4 ,it includes conscientiousness2 that is1 the sentiment or instinct of right and wrong2 and also intelligence1 which is the guide of this sentiment4 ,conscience1 then1 implies both the desire or impulse to do right1 and also a knowledge of what is right4 ,nature endows us with the sentiment1 but the knowledge we must acquire4 ,hence we speak of an 8enlightened conscience10 meaning thereby not only the moral sense1 but that knowledge of circumstances1 relations1 tendencies and results1 which is necessary in order to guide the moral sense to just conclusions4 ,each of these elements is equally necessary to enable a man to feel rightly and to act rightly4 ,mere knowledge1 without the moral sense1 can take no cognizance of the everlasting distinctions between right and wrong2 and so the blind instinct1 unguided by knowledge1 will be forever at fault in its conclusions4 ,the two were made to coxist and operate together by ,him who made the human soul4 ,but the impious hand of man divorces these twin capacities1 wherever it denies knowledge4 ,if one of these cordinate powers in the mental realm be annulled by the legislature1 it may be called law2 but it is repugnant to every law and attribute of ,god4 ,but1 not satisfied with having invaded the human soul1 and annihilated one of its most sacred attributes1 in the persons of three millions of our fellow-men2 not satisfied with having killed the conscience1 as far as it can be killed by human device1 and human force1 in an entire race2 we are now invoked to multiply that race1 to extend it over regions yet unscathed by its existence1 and there to call into being other millions of men1 upon whose souls1 and upon the souls of whose posterity1 the same unholy spoliation shall be committed forever4 ,slavery is an unspeakable wrong to the religious nature of man4 ,the dearest and most precious of all human rights is the right of private judgment in matters of religion4 ,i am interested in nothing else so much as in the attributes of my ,creator1 and in the relations which he has established between me and himself1 for time and for eternity4 ,to investigate for myself these relations1 and their momentous consequences2 to 8search the ,scriptures20 to explore the works of ,god in the outward and visible universe2 to ask counsel of the sages and divines of the ages gone by1--these are rights which it would be sacrilege in me to surrender2 which it is a worse sacrilege in any human being or human government to usurp4 ,yet1 by denying education to the slave1 you destroy not merely the right1 but the power1 of personal examination in regard to all that most nearly concerns the soul's interests4 ,who so base as not to reverence the mighty champions of religious freedom1 in days when the dungeon1 the rack1 and the fagot were the arguments of a government theology8 ,who does not reverence1 ,i say1 ,wickliffe1 ,huss1 ,luther1 and the whole army of martyrs whose blood reddened the axe of ,english intolerance8 ,yet it was only for this right of private judgment1 for this independence of another man's control in religious concernments1 that the godlike champions of religious liberty perilled themselves and perished4 ,yet it is this very religious despotism over millions of men which it is now proposed1 not to destroy1 but to create4 ,it is proposed not to break old fetters and cast them away1 but to forge new ones and rivet them on4 ,sir1 on the continent of ,europe1 and in the ,tower of ,london1 ,i have seen the axes1 the chains1 and other horrid implements of death1 by which the great defenders of freedom for the soul were brought to their final doom1--by which political and religious liberty was cloven down2 but fairer and lovelier to the view were axe and chain1 and all the ghastly implements of death ever invented by religious bigotry or civil despotism to wring and torture freedom out of the soul of man2--fairer and lovelier were they all than the parchment roll of this ,house on which shall be inscribed a law for profaning one additional foot of ,american soil with the curse of slavery4 ,after the above speech was delivered1 ,i was referred to a ,tract1 written by a ,virginian1 on the subject of slavery2 and1 by the politeness of its author1 ,i have since obtained a copy of it4 ,it is entitled1 8,address to the ,people of ,west ,virginia2 showing that ,slavery is injurious to the public welfare1 and that it may be gradually abolished1 without detriment to the rights and interests of ,slaveholders4 ,,by ,a ,,slaveholder ,,of ,,west ,,virginia4 ,lexington3 ,r4 ,c4 ,noel4 #ahdg40 ,this ,address was written by the ,rev4 ,henry ,ruffner1 ,d4 ,d41 president of ,lexington ,college1 ,lexington1 ,va4 ,some of the passages of this ,address are so striking2 it is throughout so corroborative of one of the arguments contained in the speech2 and coming1 as it does1 from a ,virginian1 an eye-witness of the effects of slavery1 and a holder of slaves1 that ,i have thought it would be useful to append them4 ,the extracts1 of course1 are not1 as here1 consecutive4 ,nowhere1 since time began1 have the two systems of slave labor and free labor been subjected to so fair and so decisive a trial of their effects on public prosperity as in these ,united ,states4 ,here the two systems have worked side by side for ages1 under such equal circumstances1 both political and physical1 and with such ample time and opportunity for each to work out its proper effects1 that all must admit the experiment to be now complete1 and the result decisive4 ,no man of common sense1 who has observed this result1 can doubt for a moment that the system of free labor promotes the growth and prosperity of states in a much higher degree than the system of slave labor4 ,in the first settlement of a country1 when labor is scarce and dear1 slavery may give a temporary impulse to improvement2 but even this is not the case1 except in warm climates1 and where free men are scarce and either sickly or lazy2 and when we have said this1 we have said all that experience in the ,united ,states warrants us to say1 in favor of the policy of employing slave labor4 ,it is the common remark of all who have travelled through the ,united ,states1 that the free states and the slave states exhibit a striking contrast in their appearance4 ,in the older free states are seen all the tokens of prosperity2--a dense and increasing population2 thriving villages1 towns1 and cities2 a neat and productive agriculture1 growing manufactures1 and active commerce4 ,in the older parts of the slave states1--with a few local exceptions1--are seen1 on the contrary1 too evident signs of stagnation1 or of positive decay2--a sparse population1 a slovenly cultivation spread over vast fields that are wearing out1 among others already worn out and desolate2 villages and towns1 8few and far between10 rarely growing1 often decaying1 sometimes mere remnants of what they were1 sometimes deserted ruins1 haunted only by owls2 generally no manufactures1 nor even trades1 except the indispensable few2 commerce and navigation abandoned1 as far as possible1 to the people of the free states2 and generally1 instead of the stir and bustle of industry1 a dull and dreamy stillness1 broken1 if broke at all1 only by the wordy brawl of politics4 ,new ,england and the middle states of ,new ,york1 ,new ,jersey1 and ,pennsylvania contained1 in #agij1 #a1ifh1jjj inhabitants1 and in #ahdj1 #f1gfj1jjj2 having gained1 in this period1 #bdc per cent4 ,the four old slave states had1 in #agij1 a population of #a1dgc1jjj1 and in #ahdj1 of #c1bgi1jjj2 having gained1 in the same period1 #abb per cent41 just about half as much1 in proportion1 as the free states4 ,they ought to have gained about twice as much2 for they had at first only seven inhabitants to the square mile1 when the free states not only had upwards of twelve1 but1 on the whole1 much inferior advantages of soil and climate4 ,even cold1 barren ,new ,england1 though more than twice as thickly peopled1 grew in population at a faster rate than these old slave states4 ,about half the territory of these old slave states is new country1 and has comparatively few slaves4 ,on this part the increase of population has chiefly taken place4 ,on the old slave-labored lowlands1 a singular phenomena has appeared2 there1 within the bounds of these rapidly growing ,united ,states1--yes1 there1 population has been long at a stand2 yes1 over wide regions1--especially in ,virginia1--it has declined1 and a new wilderness is gaining upon the cultivated land6 ,what has done this work of desolation8 ,not war1 nor pestilence2 not oppression of rulers1 civil or ecclesiastical2 but slavery1 a curse more destructive in its effects than any of them4 ,it were hard to find1 in old king-ridden1 priest-ridden1 overtaxed ,europe1 so large a country1 where1 within twenty years past1 such a growing poverty and desolation have appeared4 ,it is in the last period of ten years1 from #ahcj to #ahdj1 that this consuming plague of slavery has shown its worst effects in the old ,southern ,states4 ,including the increase in their newly-settled and western counties1 they gained in population only #g per cent42 while cold1 barren1 thickly peopled ,new ,england gained #ae1 and the old ,middle ,states #bf per cent4 ,east ,virginia actually fell off #bf1jjj in population2 and1 with the exception of ,richmond and one or two other towns1 her population continues to decline4 ,old ,virginia was the first to sow this land of ours with slavery2 she is also the first to reap the full harvest of destruction4 ,her lowland neighbors of ,maryland and the ,carolinas were not far behind at the seeding2 nor are they far behind at the ingathering of desolation4 ,let us take the rich and beautiful ,state of ,kentucky1 compared with her free neighbor ,ohio4 ,the slaves of ,kentucky have composed less than a fourth part of her population4 ,but mark their effect upon the comparative growth of the state4 ,in the year #ahjj1 ,kentucky contained #bba1jjj inhabitants1 and ,ohio1 #de1jjj4 ,in forty years1 the population of ,kentucky had risen to #ghj1jjj2 that of ,ohio to #a1eai1jjj4 ,this wonderful difference could not be owing to any natural superiority of the ,ohio country4 ,kentucky is nearly as large1 nearly as fertile1 and quite equal1 in other gifts of nature4 ,she had greatly the advantage1 too1 in the outset of this forty years' race of population4 ,she started with #e inhabitants to the square mile1 and came out with #bj3 ,ohio started with one inhabitant to the square mile1 and came out with #ch4 ,kentucky had full possession of her territory at the beginning4 ,much of ,ohio was then1 and for a long time afterwards1 in possession of the ,indians4 ,ohio is by this time considerably more than twice as thickly peopled as ,kentucky2 yet she still gains1 both by natural increase and by the influx of emigrants2 while ,kentucky has for twenty years been receiving much fewer emigrants than ,ohio1 and multitudes of her citizens have been yearly moving off to newer and yet newer countries4 ,compare this natural increase with the census returns1 and it appears that1 in the ten years from #ahcj to #ahdj1 ,virginia lost by emigration no fewer than #cge1jjj of her people1 of whom ,east ,virginia lost #cjd1jjj1 and ,west ,virginia #ga1jjj4 ,at this rate ,virginia supplies the west every ten years with a population equal in number to the population of the ,state of ,mississippi in #ahdj6 ,some ,virginia politicians1 proudly1--yes1 proudly1 fellow-citizens1--call our old commonwealth ,the ,mother of ,states6 ,these enlightened patriots might pay her a still higher compliment1 by calling her ,the ,grandmother of ,states4 ,for our part1 we are grieved and mortified to think of the lean and haggard condition of our venerable mother4 ,her black children have sucked her so dry1 that now1 for a long time past1 she has not milk enough for her offspring1 either black or white4 ,she has sent1--or we should rather say1 she has driven1--from her soil at least one third of all the emigrants who have gone from the old states to the new4 ,more than another third have gone from the other old slave states4 ,many of these multitudes1 who have left the slave states1 have shunned the regions of slavery1 and settled in the free countries of the west4 ,these were generally industrious and enterprising white men1 who found1 by sad experience1 that a country of slaves was not the country for them4 ,it is a truth1 a certain truth1 that slavery drives free laborers1--farmers1 mechanics1 and all1 and some of the best of them too1--out of the country1 and fills their places with negroes4 ,it is admitted on all hands1 that slave labor is better adapted to agriculture than to any other branch of industry2 and that1 if not good for agriculture1 it is really good for nothing4 ,therefore1 since in agriculture slave labor is proved to be far less productive than free labor1 slavery is demonstrated to be not only unprofitable1 but deeply injurious to the public prosperity4 ,we do not mean that slave labor can never earn any thing for him that employs it4 ,the question is between free labor and slave labor4 ,he that chooses to employ a sort of labor that yields only half as much to the hand as another sort would yield1 makes a choice that is not only unprofitable1 but deeply injurious to his interest4 ,agriculture in the slave states may be characterized in general by two epithets1 extensive1 exhaustive1--which in all agricultural countries forebode two things1 impoverishment1 depopulation4 ,the general system of slaveholding farmers and planters1 in all times and places1 has been1 and now is1 and ever will be1 to cultivate much land1 badly1 for present gain1--in short1 to kill the goose that lays the golden egg4 ,they cannot do otherwise with laborers who work by compulsion1 for the benefit only of their masters1 and whose sole interest in the matter is to do as little and to consume as much as possible4 ,this ruinous system of large farms cultivated by slaves showed its effects in ,italy1 eighteen hundred years ago1 when the ,roman empire was at the height of its grandeur4 ,pliny1 a writer of that age1 in his ,natural ,history1 7,book #ah1 c4 #a-g17 tells us1 that while the small farms of former times were cultivated by freemen1 and even great commanders did not disdain to labor with their own hands1 agriculture flourished1 and provisions were abundant2 but that afterwards1 when the lands were engrossed by a few great proprietors1 and cultivated by fettered and branded slaves1 the country was ruined1 and corn had to be imported4 ,the same system was spreading ruin over the provinces1 and thus the prosperity of the empire was undermined4 ,pliny denounces1 as the worst of all1 the system of having large estates in the country cultivated by slaves1 or indeed1 says he1 8to have any thing done by men who labor without hope of reward40 ,so ,livy1 the great ,roman historian1 observed1 some years before ,pliny1 7,book #f1 c4 #ab17 that 8innumerable multitudes of men formerly inhabited those parts of ,italy1 where1 in his time1 none but slaves redeemed the country from desertion20--that is1 a dense population of free laborers had been succeeded by a sparse population of slaves4 ,even the common mechanical trades do not flourish in a slave state4 ,some mechanical operations must1 indeed1 be performed in every civilized country2 but the general rule in the south is1 to import from abroad every fabricated thing that can be carried in ships1 such as household furniture1 boats1 boards1 laths1 carts1 ploughs1 axes1 and axehelves1 besides innumerable other things1 which free communities are accustomed to make for themselves4 ,what is most wonderful is1 that the forests and iron mines of the south supply1 in great part1 the materials out of which these things are made4 ,the northern freemen come with their ships1 carry home the timber and pig iron1 work them up1 supply their own wants with a part1 and then sell the rest at a good profit in the southern markets4 ,now1 although mechanics1 by setting up their shops in the south1 could save all these freights and profits1 yet so it is1 that northern mechanics will not settle in the south1 and the southern mechanics are undersold by their northern competitors4 ,now connect with these wonderful facts another fact1 and the mystery is solved4 ,the number of mechanics1 in different parts of the south1 is in the inverse ratio of the number of slaves2 or in other words1 where the slaves form the largest proportion of the inhabitants1 there the mechanics and manufacturers form the least4 ,in those parts only where the slaves are comparatively few1 are many mechanics and artificers to be found2 but even in these parts they do not flourish as the same useful class of men flourish in the free states4 ,even in our ,valley of ,virginia1 remote from the sea1 many of our mechanics can hardly stand against northern competition4 ,this can be attributed only to slavery1 which paralyzes our energies1 disperses our population1 and keeps us few and poor1 in spite of the bountiful gifts of nature with which a benign ,providence has endowed our country4 ,of all the states in this ,union1 not one has on the whole such various and abundant resources for manufacturing as our own ,virginia1 both ,east and ,west4 ,only think of her vast forests of timber1 her mountains of iron1 her regions of stone coal1 her valleys of limestone and marble1 her fountains of salt1 her immense sheep-walks for wool1 her vicinity to the cotton fields1 her innumerable waterfalls1 her bays1 harbors1 and rivers for circulating products on every side2--in short1 every material and every convenience necessary for manufacturing industry4 ,above all1 think of ,richmond1 nature's chosen site for the greatest manufacturing city in ,america1--her beds of coal and iron1 just at hand1 her incomparable water power1 her tide-water navigation1 conducting sea vessels from the foot of her falls1 and above them her fine canal to the mountains1 through which lie the shortest routes from the eastern tides to the great rivers of the west and the south-west4 ,think1 also1 that this ,richmond1 in old ,virginia1 8the mother of states10 has enjoyed these unparalleled advantages ever since the ,united ,states became a nation2--and then think again1 that this same ,richmond1 the metropolis of all ,virginia1 has fewer manufactures than a third-rate ,new ,england town2--fewer1--not than the new city of ,lowell1 which is beyond all comparison1--but fewer than the obscure place called ,fall ,river1 among the barren hills of ,massachusetts2--and then1 fellow-citizens1 what will you think1--what must you think1--of the cause of this strange phenomenon8 ,or1 to enlarge the scope of the question3 ,what must you think has caused ,virginians in general to neglect their superlative advantages for manufacturing industry8--to disregard the evident suggestions of nature1 pointing out to them this fruitful source of population1 wealth1 and comfort8 ,say not that this state of things is chargeable to the apathy of ,virginians4 ,that is nothing to the purpose1 for it does not go to the bottom of the subject4 ,what causes the apathy8 ,that is the question4 ,the last census gave also the cost of constructing new buildings in each state1 exclusive of the value of the materials4 ,the amount of this is a good test of the increase of wealth in a country4 ,to compare different states in this particular1 we must divide the total cost of building by the number of inhabitants1 and see what the average will be for each inhabitant4 ,we find that it is in ,massachusetts1 #cfj2 in ,connecticut1 #cej2 in ,new ,york1 #cjj2 in ,new ,jersey1 #bgj2 in ,pennsylvania1 #caj2 in ,maryland1 #bcj2 and in ,virginia1 #aaj4 ,no state has greater conveniences for ship navigation and ship building than ,virginia4 ,yet on all her fine tide waters she has little shipping2 and what she has is composed almost wholly of small bay craft and a few coasting schooners4 ,we do not blame our southern people for abstaining from all employments of this kind4 ,what could they do8 ,set their negroes to building ships8 ,who ever imagined such an absurdity8 ,but could they not hire white men to do such things8 ,no2 for1 in the first place1 southern white men have no skill in such matters2 and1 in the second place1 northern workmen cannot be hired in the south1 without receiving a heavy premium for working in a slave state4 ,the boast of our ,west ,virginia is the good city of ,wheeling4 ,would that she was six times as large1 that she might equal ,pittsburg1 and that she grew five times as fast1 that she might keep up with her6 ,we glory in ,wheeling1 because she only1 in ,virginia1 deserves to be called a manufacturing town4 ,for this her citizens deserve to be crowned1--not with laurel1--but with the solid gold of prosperity4 ,but how came it that ,wheeling1 and next to her1 ,wellsburg1--of all the towns in ,virginia1--should become manufacturing towns8 ,answer3 ,they breathe the atmosphere of free states1 almost touching them on both sides4 ,but again2 seeing that ,wheeling1 as a seat for manufactures1 is equal to ,pittsburg1 and inferior to no town in ,america1 except ,richmond2 and that1 moreover1 she has almost no slaves2 why is ,wheeling so far behind ,pittsburg1 and comparatively so slow in her growth8 ,answer3 ,she is in a country in which slavery is established by law4 ,we shall explain1 by examples1 how a few slaves in a country may do its citizens more immediate injury than a large number4 ,when a white family own fifty or one hundred slaves1 they can1 so long as their land produces well1 afford to be indolent and expensive in their habits2 for though each yields only a small profit1 yet each member of the family has ten or fifteen of these black work-animals to toil for his support4 ,it is not until the fields grow old1 and the crops grow short1 and the negroes and the overseer take nearly all1 that the day of ruin can be no longer postponed4 ,if the family be not very indolent and very expensive1 this inevitable day may not come before the third generation4 ,but the ruin of small slaveholders is often accomplished in a single lifetime4 ,when a white family own five or ten slaves1 they cannot afford to be indolent and expensive in their habits2 for one black drudge cannot support one white gentleman or lady4 ,yet1 because they are slaveholders1 this family will feel some aspirations for a life of easy gentility2 and because field work and kitchen work are negroes' work1 the young gentlemen will dislike to go with the negroes to dirty field work1 and the young ladies will dislike to join the black sluts in any sort of household labor4 ,such unthrifty sentiments are the natural consequence of introducing slaves among the families of a country1 especially negro slaves4 ,they infallibly grow and spread1 creating among the white families a distaste for all servile labor1 and a desire to procure slaves who may take all drudgery off their hands4 ,thus general industry gives way by degrees to indolent relaxation1 false notions of dignity and refinement1 and a taste for fashionable luxuries4 ,then debts slyly accumulate4 ,the result is1 that many families are compelled by their embarrassments to sell off and leave the country4 ,many who are unable to buy slaves leave it also1 because they feel degraded1 and cannot prosper1 where slavery exists4 ,citizens of the valley6 is it not so8 ,is not this the chief reason why your beautiful country does not prosper like the northern valleys8 ,we have examined the census of counties for the last thirty or forty years1 in ,maryland1 ,virginia1 and ,north ,carolina1 with the view to discover the law of population in the northern slave states4 ,the following are among the general results3-- ,when a county had at first comparatively few slaves1 the slave population1 except near the free borders1 gained upon the whites1 and most rapidly in the older parts of the country4 ,the population1 as a whole1 increased so long as the slaves were fewer than the whites1 but more slowly as the numbers approached to equality4 ,in our valley1 a smaller proportion of slaves had the effect of a larger one in ,east ,virginia1 to retard the increase of population4 ,when the slaves became as numerous as the whites in the eastern and older parts of the country1 population came to a stand2 when they outnumbered the whites1 it declined4 ,consequently1 the slave population has tended to diffuse itself equally over the country1 rising more rapidly as it was further below the white population1 and going down when it had risen above them4 ,the price of cotton has regulated the price of negroes in ,virginia2 and so it must continue to do2 because slave labor is unprofitable here1 and nothing keeps up the price of slaves but their value as a marketable commodity in the south4 ,eastern negroes and western cattle are alike in this1 that1 if the market abroad go down or be closed1 both sorts of animals1 the horned and the woolly-headed1 become a worthless drug at home4 ,the fact is1 that our eastern brethren must send off1 on any terms1 the increase of their slaves1 because their impoverished country cannot sustain even its present stock of negroes4 ,we join not the ,english and ,american abolition cry about 8slave-breeding0 in ,east ,virginia1 as if it were a chosen occupation1 and therefore a reproachful one4 ,it is no such thing1 but a case of dire necessity1 and many a heartache does it cost the good people there4 ,but behold in the east the doleful consequences of letting slavery grow up to an oppressive and heart-sickening burden upon a community6 ,cast it off1 ,west ,virginians1 whilst yet you have the power2 for if you let it descend unbroken to your children1 it will have grown to a mountain of misery upon their heads4 ,good policy will require the ,southern ,states1 ere long1 to close their markets against northern negroes4 ,when the southern slave market is closed1 or when1 by the reduced profits of slave labor in the south1 it becomes glutted1--then the stream of ,virginia negroes1 heretofore pouring down upon the south1 will be thrown back upon the state1 and1 like a river dammed up1 must spread itself over the whole territory of the commonwealth4 ,the head spring in ,east ,virginia cannot contain itself2 it must find vent2 it will shed its black streams through every gap of the ,blue ,ridge and pour over the ,alleghany1 till it is checked by abolitionism on the borders4 ,but even abolitionism cannot finally stop it4 ,abolitionism itself will tolerate slavery1 when slaveholders grow sick and tired of it4 ,in plain terms1 fellow-citizens1 eastern slaveholders will come with their multitudes of slaves to settle upon the fresh lands of ,west ,virginia4 ,eastern slaves will be sent by thousands for a market in ,west ,virginia4 ,every valley will echo with the cry1 8,negroes6 ,negroes for sale6 ,dog cheap6 ,dog cheap60 ,and because they are dog cheap1 many of our people will buy them4 ,we have shown how slavery has prepared the people for this2 how a little slavery makes way for more1 and how the law of slave increase operates to fill up every part of the country to the same level with slaves4 ,and then1 fellow-citizens1 when you have suffered your country to be filled with negro slaves instead of white freemen2 when its population shall be as motley as ,joseph's coat of many colors2 as ring-streaked and speckled as father ,jacob's flock was in ,padan ,aram1--what will the white basis of representation avail you1 if you obtain it8 ,whether you obtain it or not1 ,east ,virginia will have triumphed2 or1 rather1 slavery will have triumphed1 and all ,virginia will have become a land of darkness and of the shadow of death4 ,then1 by a forbearance which has no merit1 and a supineness which has no excuse1 you will have given to your children1 for their inheritance1 this lovely land blackened with a negro population1--the offscourings of ,eastern ,virginia1 the fag-end of slavery1 the loathsome dregs of that cup of abomination which has already sickened to death the eastern half of our commonwealth4 ,delay1 not1 then1 we beseech you1 to raise a barrier against this ,stygian inundation1 to stand at the ,blue ,ridge1 and with sovereign energy say to this ,black ,sea of misery1 8,hitherto shalt thou come1 and no farther40 ,,footnotes3 #a ,mr4 ,madison thought the original ordinance to be clearly invalid4 ,see ,federalist1 ,no4 #ch4 ,it is just as clear that he thought the constitution gave validity to it4 ,see ,federalist1 ,no4 #dc4 #b ,here ,mr4 ,,hilliard1 of ,alabama1 rose to ask if the south1 by the ,missouri compromise1 had not surrendered its right to carry slavery north of the compromise line8 ,his question was not understood4 ,if it had been1 it would have been replied1 that the existence of slavery at ,new ,orleans1 and a few other places in ,louisiana1 at the time of the treaty with ,france1 by no means established the right to carry it to the ,pacific ,ocean1 if the treaty extended so far4 ,slavery being against natural right1 can only exist by virtue of positive law1 backed by force sufficient to protect it4 ,it could not lawfully exist1 therefore1 in any part of ,louisiana1 which had not been laid out1 organized1 and subjected to the civil jurisdiction of the government4 ,such was not the case with any part of the territory north of the compromise line1 and therefore nothing was surrendered4 ,on the other hand1 in the formation of the territorial governments of ,orleans1 ,missouri1 ,arkansas1 and ,florida1 a vast extent of country was surrendered to slavery4 ,and this is independent of the question whether ,congress1 by the constitution1 has any more right to establish slavery any where than it has to establish an inquisition1 create an order of nobility1 or anoint a king4 #c ,essays on ,domestic ,industry1 or an ,inquiry into the ,expediency of establishing ,cotton ,manufactories in ,south ,carolina1 #ahde4 ,,sketch ,,of ,,the ,,opening ,,argument ,,in ,,the ,,case ,,of ,,the ,,united ,,states vs4 ,,daniel ,,drayton1 ,,indicted1 7,,in ,,forty-,,one ,,several ,,bills ,,of ,,indictment17 ,,for ,,stealing ,,and ,,carrying ,,away1 ,,in ,,the ,,schooner ,,pearl1 ,a ,,cargo ,,of ,,slaves ,,from ,,washington1 ,,in ,,the ,,district ,,of ,,columbia1 ,,on ,,the ,,night ,,of ,,the #ae,,th ,,of ,,april1 #ahdh2 ,,tried ,,before ,,thomas ,h4 ,,crawford1 ,,judge ,,of ,,the ,,criminal ,,court ,,of ,,the ,,district ,,of ,,columbia4 ,p4 ,b4 ,,key1 ,,district ,,attorney2 ,,horace ,,mann ,,and ,,james ,m4 ,,carlisle1 ,,counsel ,,for ,,the ,,prisoner4 ,,gentlemen ,,of ,,the ,,jury2 ,i rise before you under circumstances rarely exceeded in embarrassment4 ,i am an utter stranger to his honor1 the judge1 and to all of you1 gentlemen1 who compose the jury4 ,among all the eager faces in this crowded hall1 there is not one with which ,i am familiar4 ,i suppose there is not one man in this vast assembly who has any sympathy for my client or for me4 ,the case before us is acknowledged1 on all sides1 to be one of great moment4 ,it directly affects human interests1--large pecuniary interests1--and these are among the most active and powerful of human impulses4 ,it is a case which has given birth to great excitement4 ,it has been narrated with formidable exaggerations in the public papers2 it has been angrily discussed in both houses of ,congress1 and bruited over the land4 ,from what has transpired in and about this court room1 since the trial commenced1 ,i perceive that each individual seems not only to be convinced that the prisoner at the bar has committed a great offence1 but1 like a light reflected from a multiplying glass1 he sees that offence multiplied a thousand fold in the opinions and feelings of those around him4 ,i cannot forbear to add1 that it is a case1 also1 which1 in some of its aspects1 touches the deepest and tenderest sympathies of the human heart2 for this prosecution not only deals with human beings as offenders1 but with human beings and human rights1 as the subject matters of the offence4 ,we have been called to trial1 too1 at an untimely hour4 ,i have not had time for the preparation and investigation which so important a case demands4 ,added to this1 my colleague1 ,mr4 ,,carlisle1 was taken ill on the day he was retained1 and1 until the evening immediately preceding the commencement of the trial1 ,i had no opportunity for a single interview with him1 and then but for an hour1 in his sick chamber4 ,during all this time1 too1 as some of you may know1 my attention has been called away by official duties elsewhere4 ,gentlemen1 let me come a little closer to my relations to this case and to yourselves4 ,i stand here1 on this side of the table2 you sit there1 on the other side4 ,our persons are near to each other2 but should ,i not greatly deceive myself1 were ,i to suppose that our opinions were as near together as our persons8 ,we are within shaking-hands' distance of each other2 still1 our convictions and sentiments on certain subjects may be wide asunder as the poles4 ,on a subject of vast importance and gravity1--a subject reflected from every feature of this case1--,i was born1 and from my birth have been trained up1 in one set of ideas2 and ,i mean no discourtesy when ,i say that you have been born and trained in another set of ideas4 ,hence it is natural1 yes1 it is inevitable1--is it not8--that we should approach this subject with widely different views1 and1 as it were1 from opposite points of the moral compass4 ,i am admonished1 then1 in the outset1 that your prepossessions are against me4 ,the frame of your minds must be adverse to the reception of my views4 ,we are in a position where the hearer1 consciously or unconsciously1 braces himself against the pressure of the speaker's arguments4 ,and of all difficult positions in which advocate or orator was ever placed1 the most difficult is that of encountering the honest antipathies of his hearers4 ,the heart1 secure in its own convictions1 closes itself against the argument that would overthrow them1 as a fond parent bars his doors against the foe that would carry away his children4 ,but1 gentlemen1 amid all these adverse circumstances1 and amid these conflicts of hostile and perhaps irreconcilable feelings1 is there not some common ground on which you and ,i can stand together1 and greet each other as brethren8 ,is there not one spot where we can stand side by side1 as friends1 sympathize with each other1 and act together in harmony8 ,yes1 gentlemen1 there is one such spot4 ,it is the ground of ,,duty4 ,in this case1 ,i have certain duties to perform2 you1 too1 have certain duties to perform2 and the feeling of a common duty is always creative of the feeling of brotherhood4 ,we are called to these duties as by the voice of ,god2 we are to perform them as under the eye of the ,omniscient4 ,here we are embarked in a common cause4 ,from this moment1 then1 let all feelings of alienation or repugnance be banished from between us4 ,gentlemen1 this prisoner has requested me to be his counsel2 and ,i1 perhaps unwisely1 have acceded to his request4 ,i have taken an oath to be true to him4 ,this has imposed certain responsibilities upon me1 which1 before ,heaven1 ,i may not escape4 ,in this ,i find my strength4 ,with the fierce excitement1 which blazed forth in this ,district when the prisoners of the 8,pearl0 were first arrested1 still hot around me2 with the generally adverse feelings which ,i suppose you entertain towards the side of the cause which ,i have espoused1 and therefore against its advocate2 with these thronged spectators1 who show1 at every turn and incident of the trial1 what their feelings are towards the prisoner and his defenders1 ,i should not be able to stand here one moment1 were it not for the supporting1 uplifting sentiment1 glowing through every fibre of my frame1 that ,i am here in the performance of a high and holy duty4 ,in all else ,i may be weak2 in this ,i am strong4#d ,so you1 gentlemen1 sit there to perform a duty4 ,swearing upon the ,holy ,evangelists1 you have invoked the vengeance of ,heaven upon your souls1 if1 consciously and wittingly1 you swerve a hair's breadth from the line of rectitude2 if you allow any partiality in favor of a cherished institution1 or any prejudice against the prisoner1 to close your eyes or blind your minds to any fact of evidence or rule of law which may be adduced in his behalf4 ,i might even add a consideration of a lighter nature leading to the same result4 ,your fortune and mine1 for some days to come1 ,i suppose to be settled4 ,i know not how protracted this trial may be1 but1 gentlemen1 we are in it1 for longer or shorter1 for better or worse2 and while we are in it1 we shall be obliged to come together from day to day1 and live in each other's presence and company4 ,now1 ,i trust you have too much philosophy about you to make bad worse4 ,and so of myself4 ,were we fellow-travellers in the same stage-coach or steamboat1 and were doomed to be so for a week or a fortnight1 it would be most unwise to add to our inevitable discomforts that of striving to annoy each other2 so1 when packed together in this room1 which seems to have been constructed for creatures that do not breathe1 and with the thermometer above ninety degrees1 ,i trust any icy feelings we may have had towards each other will speedily melt away4 ,in a word1 ,i heartily concur1 and ,i trust you will do the same1 in the opinion of the old man who declared1 according to the anecdote1 that after the experience of a long life1 he had found it best to submit to what he could not possibly help4 ,what1 then1 is the business before us8 ,daniel ,drayton is set here at the bar charged with a grave offence1 and you are impanelled to try him4 ,and who is ,daniel ,drayton8 ,we shall prove to you that he is a man of sober and industrious life1 against whose character1 as a just1 upright1 exemplary citizen1 no charge was ever before preferred4 ,whatever may have been his errors in regard to the transaction which has brought him before you1 he has1 in consequence of it1 passed through scenes which must move your sympathy4 ,he has been torn from his family and immured in a loathsome cell4 ,from feeling that sense of security from lawless violence1 which every man1 whether guilty or innocent1 is entitled to feel1 he has been in imminent danger of being torn in pieces by an infuriated mob4 ,yes1 gentlemen1 on ,tuesday1 the eighteenth day of ,april last1 this man1 this fellow-citizen of ours1 in this capital of the nation1 within sight of ,congress1 and of the ,president's house1 and within hearing of them1 too1 was pursued by a mob1 from near the river's side on the south of us to the very doors of the jail on the north1--a mob estimated to consist of from four to six thousand people1--many of them armed with deadly weapons2 the thrusts of a dirk knife1 which was drawn upon him1 coming within an inch of his body2 amid wrathful cries of 8,hang him60 8,lynch him60 accompanied by all the profanities and abominations of speech which usually issue from the foul throat of that hideous monster--,a ,,mob4 ,arrived at the jail1 the mob besieged him there4 ,when afterwards1 and while under examination before magistrates of the city1 a distinguished gentleman and member of ,congress1 the ,hon4 ,joshua ,r4 ,giddings1 of ,ohio1 appeared at his request and in his defence1 the mob surrounded the gates of the jail1 demanding the immediate expulsion of the counsel2 and the jailer1 to save bloodshed1 insisted upon his departure4 ,the storm swept beyond the prison and the prisoner4 ,it assailed all who were supposed to sympathize with him4 ,the office of a newspaper in this city1 7the ,national ,era17 was threatened with demolition4 ,at a mob meeting1 votes were passed1--without any great scrutiny1 ,i presume1 into the qualifications of the voters1--that the paper should be discontinued4 ,its editor was waited upon at night1 or at midnight1 by a mob-elected committee1 and a peremptory demand was made upon him to remove his establishment beyond the ,district1 or to abandon it4 ,but ,i will not dwell longer upon these details1 so disgraceful to the capital of a republic that calls itself free1 and so abhorrent to the feelings of every right-minded man4 ,were ,i to enumerate all the perils1 the indignities1 and the privations to which my client has been subjected1 the day would be too short for the narration4 ,after ,drayton's examination1 he was held to bail4 ,and what1 think you1 was the amount of the bail demanded8 ,seventy-six thousand dollars6 and seventy-six thousand dollars also for each of the other prisoners1--#bbh1jjj for the seventy-six alleged slaves1 when the common market value of such slaves in this neighborhood would not1 ,i suppose1 be more than three or four hundred dollars apiece2--and though all of them1 too1 had been returned1 and were in possession of their claimants at the time4 ,has the fact never yet come to the knowledge of the magistrates of the ,district of ,columbia1 that the constitution of the ,united ,states declares that 8excessive bail shall not be required08 ,but1 gentlemen1 these are not the only hardships and oppressions to which my client has been subjected4 ,how many1 at the most1 are the offences against the laws of this ,district which he has committed8 ,he came here on the #acth of ,april1 in the schooner ,pearl4 ,he departed on the #aeth4 ,on the #agth1 he was arrested near the mouth of the ,potomac1 with a company of alleged slaves on board his vessel4 ,was not this all one transaction8 ,can it be divided and separated into a multitude of distinct offences8 ,can this one deed be made an offence against different laws8 ,if not1 then there is another clause in the constitution set at nought1--that clause which declares that no person shall be 8subject for the same offence to be twice put in jeopardy of life or limb40 ,and yet1 gentlemen1 what do we find on the records of this court8 ,one hundred and fifteen indictments against this prisoner for this one act2 and one hundred and fifteen indictments also against each of the other prisoners for engaging in the same4 ,three hundred and forty-five indictments6 ,reams of indictments for a single deed6 ,nor is this the only injustice4 ,each of the prisoners is indicted for having violated1 by this one act1 separate and distinct laws4 ,there is an old law of ,maryland against stealing slaves1 and another law against transporting them out of the jurisdiction2 and these laws are claimed1 by virtue of an act of ,congress1 to be in force in this ,district4 ,now1 if the prisoner stole the slaves1 he is not guilty of the separate offence of transporting4 ,if he is guilty of transporting1 he is not guilty of stealing4 ,that the two offences should have been committed by one and the same act1 is a legal impossibility4 ,if the grand jury first found the prisoner guilty of the offence of stealing the slaves1 they thereby declared that he was not guilty of the different offence of transporting4 ,or1 if they first found him guilty of the offence of transporting1 they thereby declared that he was not guilty of the separate offence of stealing4 ,to proceed1 therefore1 after a finding for one offence1 to charge the prisoner with the other1 was not only a legal absurdity1 but a grievous injustice4 ,besides1 if these slaves were stolen1 as is alleged1 from forty-one different masters1 the whole might have been charged in different counts in the same indictment1 and the prisoner might be found guilty upon as many of the counts as law and evidence would warrant4 ,so there was but one act of transportation4 ,even1 therefore1 if it were just to charge the prisoner with the breach of two different laws for the same act1 still1 as the transportation of the whole was but one1 it should have been charged only in one indictment4 ,see how fatal to any man must such a course of proceeding be4 ,if the stealing were charged in one indictment1 it would be tried by one jury2 and the evidence being to a great degree the same1 the whole trial might be brought within a limited period of time4 ,but with forty-one indictments1 there must be forty-one trials1 before forty-one different juries2 for neither government nor prisoner would consent that a jury1 who had given an adverse verdict1 should try another of the cases4 ,now1 gentlemen1 ,i care not for the enormous expense of such a proceeding1--ten dollars on each indictment1 enuring to the benefit of the district attorney1-- ,here ,mr4 ,,key1 the district attorney1 interrupted and said3 ,if ,mr4 ,mann thinks ,i am to have ten dollars on each of these indictments1 he is mistaken2 and in my argument to the jury ,i shall deny it4 ,mr4 ,,carlisle4 ,mr4 ,mann is not mistaken in the general statement1 that the district attorney receives ten dollars on each indictment4 ,he receives ten dollars on each1 until the income of his office amounts to six thousand dollars a year4 ,it is only when the emoluments of the office reach that sum that he ceases to draw his ten dollars on each indictment4 ,mr4 ,,mann4 ,i was saying1 gentlemen1 that ,i care comparatively nothing for the amount of expense incurred in consequence of these three hundred and forty-five indictments4 ,far graver consequences than the mere expenditure of money are involved4 ,who can maintain or survive a contest against such a host of indictments1 sustained by all the power and resources of the government8 ,were a man rich as ,crsus1 it would exhaust his means4 ,were he brave as a martyr1 it would outweary his endurance4 ,were he innocent as a child unborn1 still1 on the mere doctrine of chances1 he might fail in some one case1 out of such a multitude4 ,were he in the prime of life1 its setting sun might go down in darkness and sorrow before the final verdict of acquittal could be pronounced in his favor4 ,under such a practice with regard to indictments1 coupled with such a practice in regard to bail1 an accusation would be as fatal as crime itself1 however innocent the accused might be4 ,the law provides a statute of limitations as to offences4 ,could it have foreseen such an abuse as this1 it would have provided a statute of limitations against the number of prosecutions for a single offence2 for the government might as well try a man1 on a separate indictment1 for each hair of a horse he had stolen1 and hold him1 on each of them1 to separate bail4 ,the ,english courts1 gentlemen1 have provided a remedy for the beginnings of this injustice4 ,they have decided1 again and again1 that when even two indictments are found against a man for the same offence1 they will compel the prosecutor to make his election between them1--to proceed upon one and abandon the other4 #b ,leach's ,cr4 ,cas41 #fjh1 ,rex vs4 ,doran4 #c ,carr4 ,p4 #dab1 ,rex vs4 ,smith4 ,ib4 ,rex vs4 ,flower1 #dac4 #c ,t4 ,r4 ,young vs4 ,the ,king1 7in error17 #ajf4 ,see1 also1 in support of the same principle1 ,new ,york ,revised ,statutes1 vol4 #b1 part #d1 ch4 #b1 #db1 where provision is made that 8if there be at any time pending against the same defendant two or more indictments for the same offence1 or two indictments for the same matter1 although charged as different offences1 the indictment first found shall be deemed to be superseded by such second indictment1 and shall be quashed40 ,but1 gentlemen1 there is another aspect of this case1 which presents1 in a manner still more glaring1 the enormity of the proceeding to which we are subjected4 ,under each of the forty-one indictments against this prisoner for stealing1 he is liable1 if convicted1 to be sentenced to twenty years' imprisonment1 which would make an aggregate imprisonment of more than eight hundred years4 ,methuselah himself must have been caught young1 in order to survive such a sentence4 ,the very shortest time which the court1 in its discretion1 could imprison1 after a conviction on all these indictments1 would be two hundred and eighty-seven years6 ,did the law ever contemplate so cruel and revengeful a proceeding8 ,did the law ever suppose that the court1 after having sentenced a man to eight hundred years' imprisonment1 or even to two hundred and eighty years' imprisonment1 should go on1 and sentence him to twenty years1 or even to seven years more8--when the court must know that it would be imposing sentences to be executed centuries after the prisoner would be dead1 and after he would have left his prison1 not to return to this world1 but to go to another4 ,but even this is not all4 ,behind these forty-one indictments for stealing stand drawn up1 in battle array1 against this same prisoner1 seventy-four other indictments for transporting the very slaves whom he is charged to have stolen4 ,the penalty for each of these offences is a fine of two hundred dollars1 with imprisonment till paid4 ,the aggregate of these fines would be #ad1hjj4 ,but a penalty not inflicted by the statute1 but superadded by this unwarrantable proceeding of the government1 is the defence of seventy-four successive cases1 under which the wealthiest1 the strongest1 and the most innocent man must break down1 and be swept to ruin4 ,corresponding with the oppressive character of all these preliminaries was the manner of the prosecutor1 in his opening argument4 ,he has seen fit to use language against the prisoner the most vehement and denunciatory4 ,he has imputed to him every base motive that can actuate a depraved heart1 and showered upon him the coarsest epithets that can describe a villain4 ,now if it shall turn out that my client is innocent1 then all these criminations are unjust and cruel2 and even should it be proved that he is guilty1 it is no part of his punishment to be compelled to sit here in enforced silence1 hour after hour1 and hear himself denounced and vilified in language as unfitted to his character as to the sobriety of judicial proceedings4 ,gentlemen1 the representative of the government1 like the government itself1 should be dispassionate and calm4 ,majesty is one of the attributes of sovereignty1 and serenity is inseparable from majesty4 ,the government is not a being of wrath1 of ferocity1 of vindictiveness2 and the exhibition of such passions is as unsuitable to the representative of the government as to the government itself4 ,though the image of justice may be represented as holding the sword of power in one hand1 yet she is also represented as holding the balance of equity in the other2 but when the government assumes the guilt of the prisoner1 before it has been found1 and denounces him in bitterest epithets as criminal1 while as yet the law presumes him to be innocent1--the only proper emblem of such a government is an image which1 a few years ago1 might have been seen surmounting the dome of the court house in ,taunton1 in the county of ,somersetshire1 in ,england1 to which the artist had originally given both the balance and the sword2 but a storm1 careering through the sky1 had swept the balance away1 so that nothing but the avenging sword was left2 and there the hateful figure stood aloft1 an image of wrath untempered by equity4 ,but1 gentlemen1 let me trust that the prisoner has at length escaped from the turbulent and perilous scenes which have hitherto destroyed his peace and threatened his life4 ,let me trust that the fell spirits which prompted the proposal1 made by one of his captors while he was yet on board the steamboat1 and previous to his return to this city1 that he should be brought up and hung at the yard-arm1--as was testified to by the government's witnesses1--is at length exorcised2 let me trust that the demoniac cry of vengeance which was shouted by the mob1 and the thirst for blood which their conduct betokened1 while the prisoner1 bound and defenceless1 was conducted from the river to the jail1 has found no welcoming response in your bosoms4 ,let me trust1 also1 that the violence of manner and the bitterness of language which have been so freely employed in the opening of this case1 have not disturbed the balance of your minds1 or so ruffled their serenity that the images of truth shall be distorted as they are reflected from them4 ,gentlemen1 the spot on which a jury are seated should be a place separate and apart from the rest of the world2 sacred1 and inaccessible to the passions and prejudices that move the community without4 ,it should be a place consecrated to the inquiry1 8,what is truth80 and to the application of its conclusions to the conduct of men4 ,when you took your seats in that place1 you were severally asked by the court whether you had formed any opinion respecting the guilt or innocence of the prisoner1 and you severally answered in the negative4 ,the final opinion1 then1 which shall be expressed in your verdict1 must be an opinion which you have formed since that time1 and from the law and testimony here introduced4 ,into that opinion1 no other element must be allowed to enter4 ,the prejudged guilt of the prisoner1 as manifested by repeated attempts to take his life2 the demand which may exist1 and which ,i suppose does exist1 out of doors1 that he shall be convicted1 innocent or guilty2 the anticipation that you are to meet an angry community1 if you acquit him2--all these considerations1 if they obtrude upon your minds1 must be sternly rebuked and banished4 ,the record of your verdict will survive these temporary excitements4 ,it should be a verdict1 therefore1 which you can look upon1 at the close of life1 with conscientious satisfaction4 ,it must be one which your children can look at with a filial and honorable regard for their fathers' uprightness4 ,in a case which has excited so much attention1 both here and throughout the country1 you1 too1 must expect to be put on trial2 your verdict will go into the great record of history1 to be passed upon by your country and by posterity4 ,once1 gentlemen1 in the state to which ,i belong1 a case arose in which the deepest and holiest feelings of the community were intensely excited4 ,one of the preludes to the great drama of the ,american revolution was the slaughtering1 in the year #aggj1 of five ,american citizens1 in the streets of ,boston1 by the ,british soldiery4 ,the supposed offenders were brought to trial for the homicide4 ,they were defended by ,john ,adams and ,josiah ,quincy1--illustrious names6 ,the public breast throbbed with excitement4 ,the sight of butchered countrymen made the blood seethe in the hearts of their fellow-citizens4 ,if there ever could be a case where the law might be wrested to meet the popular outcry for redress2 if there ever could be a case where the evidence might be strained and distorted to bring the facts within strained and distorted law1 so as to visit a high outrage with a moral1 if not a legal penalty1 the 8,boston ,massacre0 of #aggj supplied all its conditions4 ,that cause was tried1 and the prisoners were acquitted4 ,the storm of popular disaffection soon cleared away1 and now twelve purer and fairer names are not inscribed on the roll of fame than the names of those twelve jurymen1 who dared to brave public opinion1 and to perform an act of arduous1 if not of perilous justice4 ,noble and illustrious bravery of the soul1 which1 when the yelling fiends of popular passion and prejudice beset the ascending pathway of virtue1 can look to conscience1 to posterity1 and to ,god1 and defy them all6 ,follow their example1 gentlemen1 and1 whatever fierce sounds of public condemnation may be now rung in your ears1 you will have the same glorious reward1 and your children1 and all the good men of your country1 will honor your memories4 ,gentlemen1 in the vehement appeals which were made to you by the government's counsel1 for the condemnation of the prisoner1 you were told that he had 8invaded this ,district1 and ruthlessly carried away more than a hundred thousand dollars' worth of its property20 and you were warned that1 if you let such a man escape1 you might as well abandon at once all property in slaves4 ,but it so happens1 gentlemen1 that you are sworn to try this prisoner for stealing ,john and ,sam1 two slaves of one ,andrew ,hoover1 of the alleged value of fourteen hundred dollars only4 ,is each of these forty-one cases against the prisoner to be inflamed and exasperated by charging him with plundering the ,district to the amount of more than a hundred thousand dollars8 ,a pretty strong effort of fancy1 is it not8 to work up the fourteen hundred dollars of the indictment into more than four millions in the argument6 ,is this to be another of the oppressive consequences of multiplying the one alleged offence of the prisoner into forty-one separate offences8 ,is the government's counsel to botch up any sort of nefarious charge against the prisoner1 and then call upon you to find him guilty on these strained and overwrought exaggerations of his conduct8 ,no1 gentlemen6 ,this would be to suppose that you sit there to administer the worst kind of ,lynch law1--a kind that has all its injustice1 while screening itself from the odium of its violence4 ,the object of civil society is to protect rights and to redress wrongs4 ,for these great purposes laws are enacted1 courts are established1 juries are instituted1 and rules of evidence are framed4 ,without civil society1 each man would have a right to preserve his own rights and to redress his own wrongs4 ,civil society takes away something from a man's rights1 but it adds immensely to his powers2 it makes him stronger than any individual oppressor1 and1 on the whole1 it protects its members far better than they could protect themselves4 ,but civil society1 like every thing human1 is imperfect4 ,once out of ten times1 or once out of twenty times1 it may fail to accomplish the end for which it was established4 ,the very instruments it has framed may sometimes be the cause of its failure4 ,what then8 ,we do but fail in each tenth1 or each twentieth case1 when1 without the social organization1 failure might have been the general rule4 ,and1 therefore1 even if a guilty person does sometimes escape1 all we can say is that civil society has not done its work infallibly4 ,it has done well1 though it has not done all4 ,but suppose this very civil society1 wielding as it does the combined and terrible strength of the whole community1 should turn its collected force against an innocent man1 and crush him1 then in what an utter and hopeless ruin is he overwhelmed6 ,how much better for him had its powerful machinery never existed1 than that he should be ground to powder beneath its wheels6 ,now1 such might be the case with every prisoner1 if juries were to act without strict obedience to law1 and a strict observance of the forms of law4 ,any appeals1 therefore1 made to you1 that because this prisoner may have committed some offence against law1 you are1 therefore1 to discard all scruples and find him guilty of this offence1 ,i regard as treason against justice1 as a monstrous perversion of judicial proceedings2 yes1 as a thousand times worse than any guilt of the prisoner1 even supposing the distorted features of the picture1 drawn by the government's counsel1 to be genuine4 ,it would be nothing less than ,lynch law1 perpetrated by twelve picked and sworn men1 instead of a mob4 ,gentlemen1 the district attorney in his opening has not deigned to tell us on what law he proceeds4 ,he has accused the prisoner of stealing often enough1 but has read no statute1 and referred to no decision1 which creates or describes any such offence4 ,hence a task which clearly belonged to him is devolved upon me4 ,after the ,district of ,columbia was ceded to the ,united ,states1 ,congress passed a general law1 adopting the laws of ,maryland1 for that part of the ,district which had been ceded by ,maryland4 ,this trial1 therefore1 must proceed upon laws originally passed by ,maryland4 ,by the act of #agcg1 ch4 #b1 #d1 it is provided that any person 8who shall steal any negro or other slave10 8or who shall counsel1 hire1 aid1 abet1 or command any person or persons0 to do so1 shall suffer death as a felon4 ,the punishment has since been changed to imprisonment in the ,united ,states prison1 for a term of not less than seven1 nor more than twenty years4 ,here comments were made at length on the preamble of the statute1 and the class of cases to which the law was intended to apply4 ,this act was designed to prevent slaves from being stolen4 ,but a man might lose a slave without his being stolen4 ,the slave might be enticed or persuaded to run away4 ,experience1 doubtless1 made the masters aware of this4 ,hence1 fourteen years afterwards1 by the act of #agea1 ch4 #ad1 #aj1 it was provided that 8if any person shall entice and persuade any slave within this province to run away1 and who shall actually run away from the master10 c41 he shall be punished1 c4 ,but there was still another way of depriving a master of the service of his slave4 ,hence the act of #agif1 ch4 #fg1 #ai1 made it a separate and distinct offence for any person to be guilty of 8the transporting of any slave or person1 held to service10 from the state4 ,now1 here1 gentlemen1 are four distinct legal provisions1 all designed to protect slave property4 ,by these provisions1 four distinct legal offences are created4 ,the law1 by creating and defining these offences1 has authoritatively declared that one of them is not either of the others of them4 8,stealing0 is one thing4 8,counselling1 hiring10 c41 a man to steal1 is not stealing itself4 8,enticing and persuading0 a slave to run away from his master is not stealing4 8,transporting0 a slave out of the jurisdiction is not stealing4 ,the inquiry for you1 therefore1 is whether the prisoner is guilty of any of these offences1 and if of any1 then1 of which4 ,now1 gentlemen1 let me take advantage of a map which is lying here accidentally before me1 to illustrate this case4 ,four states1--,pennsylvania1 ,maryland1 ,virginia1 and ,north ,carolina1 are here represented4 ,the boundaries between them are distinctly marked4 ,pennsylvania is not ,maryland1 nor either of the others4 ,maryland is not ,virginia1 nor either of the others2 and so of the rest4 ,just so it is with the offences created by these statutes4 ,any one of them is not either of the others4 ,it is as plain that the offence of 8transporting0 a slave out of the jurisdiction is as different from the offence of stealing a slave1 as this geographical shape of ,maryland is different from this geographical shape of ,pennsylvania4 ,as1 therefore1 if the geographical metes and bounds of the ,state of ,maryland were shown to you1 you could not say1 upon your oaths1 that it was a description of the ,state of ,pennsylvania2 so1 if the offence of 8transporting0 be proved to you1 you cannot say1 on your oaths1 that it is the offence of stealing4 ,or take an illustration from other things4 ,the object of a sun-dial1 a watch1 a clock1 and a chronometer is the same4 ,all are made for the measurement of time1 as all these laws were made for the protection of slave property4 ,but could you1 therefore1 on your oaths1 convict a man of stealing a chronometer1 when he had only taken a clock or a watch8 ,no1 you could find him guilty only of the thing proved to have been done4 ,or1 again1 suppose a law should be made to protect a man's property in his books2 and the stealing of books1 generally1 should be punishable by five years' confinement in the penitentiary4 ,such a general law would include all books4 ,suppose a subsequent law should inflict a lighter penalty for stealing an octavo volume1 and a still lighter one for a duodecimo4 ,then it would be necessary1 in an indictment1 to set out the kind of book stolen1 and no man could be lawfully punished for the weightier offence who had only committed the lighter4 ,so here1 the first law punished 8stealing10 the next 8enticing10 and the next 8transporting40 ,now1 gentlemen1 ,i maintain that1 at most1 nothing but the offence of 8transporting0 has been proved against this prisoner4 ,but he is arraigned for stealing4 ,what then1 let us inquire1 are the ingredients which constitute the offence of stealing1--which are indispensable to its perpetration8 ,they are1 #a4 ,that the property shall be taken by the thief from the possession of the owner4 #b4 ,that it shall be taken into the possession of the thief1--that is1 that the taker shall exercise some act of control or ownership over it4 ,and1 #c4 ,that this taking by the thief1 from the possession of the owner1 and into his own possession1 shall be for the felonious purpose of converting the said property to his own use4 ,now1 ,i think it is not too much to say1 that neither one of these three indispensable ingredients of larceny has been proved in this case4 #a4 ,it is not proved that the prisoner took the two slaves mentioned in the indictment from the possession of ,andrew ,hoover4 ,could not some other person besides the prisoner have put it into the heads of these slaves to leave their master8 ,there are white men in this city hostile to the institution of slavery1 and desiring the freedom of all slaves4 ,could they not have said to ,hoover's slaves1 8,here is a schooner at the wharf2 it is to sail at such a time2 be there1 and you may escape to a free state08 ,here1 too1 are thousands of free negroes1 or colored persons1 in this ,district1 with whom the slaves are in daily and open communication4 ,could they not have infused into the mind of these slaves the idea of liberty8 ,is it not a thousand times more probable that it was done by some citizen in the ,district1 or by some colored acquaintance or friend of theirs1 enjoying the means of constant communication with them1 than that it was done by an entire stranger to them1 as the prisoner was8 ,can aught be conceived more absurd or preposterous than that the prisoner should go round the streets of ,washington1 picking up a slave here and there1 to complete his cargo1 as the driver of a stage-coach goes round picking up passengers8 ,should he accost a colored man in the streets1 and ask him if he were a slave1 the chances are three to one that the person addressed would turn out to be a freeman2 for ,i suppose the proportion1 in this ,district1 of the free colored persons to the slaves to be as great as this4 ,if the fourth man or woman he might meet should prove to be a slave1 how could he know but what he might be addressing one so attached to the place1 to his home and relatives1 and to his master1 that even the sweets of freedom would not tempt him to leave2 and that the consequence would be an immediate reporting of the interview1 and sudden detection and punishment8 ,but a person on the spot would know who were slaves1 and what slaves were discontented with their condition2 he could select the occasion when a slave had been punished by his master1 when his body was smarting1 and his mind was fired with indignation against him1 and then sow the seeds of discontent and the hopes of escape in a fruitful soil4 ,if1 then1 the slaves were1 in fact1 instigated to leave their master's possession1 the probabilities are a thousand to one that they were so instigated by some other person or persons resident here1 and not by the prisoner4 ,if this were so1 and they came on board the prisoner's schooner1 after having absconded from their master1 then he did not take them from ,hoover's possession1 and so is not guilty of the first ingredient in the crime of larceny4 ,but is there not still another way in which slaves may be induced to leave the possession of their master8 ,though we may call men slaves1 yet are they not human beings8--degraded from the natural dignity of manhood1 it is true1 and dwarfed in their mental stature1 but still human beings2 subject to the passions of our common nature1 animated by its hopes1 inflamed by its resentments1 and shrinking and flying through fear from the uplifted rod4 ,as human beings1 could not the desire of escape from their master's possession have originated with themselves8--prompted by the inward and instinctive longings for liberty1 which spring perennial in the human breast4 ,the attorney for the government1 in his opening1 dwelt long and earnestly on the value of this species of property4 ,he described it as the most valuable kind of property known in the ,district1 and therefore most vigilantly to be guarded4 ,doubtless it has a certain pecuniary value2 and1 as it increases in intelligence1 activity1 and skill1 its value is greatly enhanced4 ,but with this enhanced value comes a per contra4 ,with increased intelligence and mental development1 the desires natural to manhood spring up2--the longing for liberty1 and for the possession of free agency2 the desire of selecting one's own field of labor1 and means of enjoyment2 the desire of commanding the rewards of one's own toil4 ,so that1 as the value of a slave increases1 the strength of the tenure by which he is held becomes less secure4 ,it is a weight of gold suspended by a cord4 ,the master wishes to increase the mass4 ,he adds little by little1 until the weight snaps the cord1 and he loses the whole4 ,hoover says he had been offered #adjj for the two slaves mentioned in the indictment1 and had refused the offer4 ,their services were probably worth to him a dollar a day each4 ,one of them was employed in driving a cart about the city4 ,as he saw a handful of money paid to his master every week1 or every month1 for his own earnings1 think you he never asked himself1 why that money could not be his8 ,when three out of every four colored men whom he met1 from day to day1 were receiving their own earnings1 and making those earnings minister to their comforts and their pleasures1 might not ,hoover's slaves have said1 8,why are not our earnings our own8 and1 if we cannot possess them here1 why should we not go to a country where the laborer is deemed1 in the language of ,scripture1 to be worthy of his hire80 and so have fled of their own accord8 for1 though we are prone to apply the precepts of the gospel to others rather than to ourselves1 yet this is a passage which they would be likely to take home4 ,but this is not all1 gentlemen4 ,in this capital of a nation so boastful of its freedom1 the common air is vocal with the accents of liberty4 ,many of the colored people can read4 ,who knows but some of them have read the ,declaration of ,american ,independence2 and1 in their blindness and simplicity of mind1 applied its immortal truths to themselves8 8,all men are created equal60 and among their 8inalienable rights0 8are life1 ,,liberty1 and the pursuit of happiness60 ,who knows but that they may have seen these doctrines1 with a constellation of names subscribed to them as glorious as any that ever shone in history's firmament8 ,if such ideas once got possession of a man's mind1 do you think that fire or water could ever burn them or drown them out8 ,those who cannot read1 can hear2 and if you are to keep from them the perpetually recurring sights and sounds which must awaken the quick instincts of liberty1 you must extinguish their eyes1 and seal up their ears in everlasting silence4 ,the last spring was one of peculiar 8refreshing0 to the ardent lovers of liberty4 ,the recent events of ,europe were the theme of every tongue4 ,not only in the market-place1 in the street1 and in after-dinner conversations1 was the emancipation of ,europe the subject of discussion1 but stormy eloquence rushed forth from the capital of the nation1 like winds from the cave of olus1 and roared and raved till all but the dead must have heard it4 ,nay1 more1 gentlemen1 one of the witnesses identified the day when the defendant's schooner1 the ,pearl1 came to anchor in the waters of this city1 because he remembered it as the day of the 8torchlight procession40 ,and what was the 8torchlight procession08 ,you all know2--drums beating1 music playing1 bonfires blazing1 the house of the ,president and of high official dignitaries illuminated1 the trees of the avenue fancifully lighted up with many-colored lanterns2 men1 women1 children1 and slaves1 all out1 and all agog to see and to hear of the wonderful things which 8liberty0 had done1 or had not done1 on the other side of the ,atlantic4 ,there1 too1 moved in long procession men who were elected for the occasion1 from among the nation's elect1--heads of departments1 senators1 and representatives1--men distended almost to bursting with eloquence for regenerated ,europe1 who must speak or die6 ,they marched to an open space on ,pennsylvania ,avenue1 where1 on an extempore rostrum1 they eased themselves of their repletion of patriotism2 while people of all kinds1 conditions1 and colors stood below1 empty and agape1 to receive what the upper divinities might send down4 ,and now let me read to you1 gentlemen of the jury1 some of the precious things that were said on that memorable evening1--only two nights before the escape of the slaves in the schooner ,pearl1--and see1 after you have tasted of the yeast1 if you can wonder at the fermentation3-- 8----,events which hold out to the whole family of man so bright a promise of the universal establishment of ,,civil and religious liberty1 and the general destruction of monarchical power throughout the world40 8,new and endearing ties0--8between the people of liberated ,france1 and the twenty millions of freemen who dwell1 in all the plenitude of social and political happiness1 between the great seas which water the eastern and western shores of this vast continent40 8,i feel authorized to declare that there is not one in this vast multitude whose sympathies are not deeply enkindled in behalf of ,france and ,frenchmen40 8----,such has been the extraordinary course of events in ,france1 and in ,europe1 within the last two months1 that the more deliberately we survey the scene which has been spread out before us1 and the more rigidly we scrutinize the conduct of its actors1 the more confident does our conviction become that the glorious work which has been so well begun cannot possibly fail of complete accomplishment2 that the age of ,,tyrants ,,and ,,slavery is rapidly drawing to a close2 and that the happy period to be signalized by the universal emancipation of man from the fetters of civil oppression1 and the recognition in all countries of the great principles of popular sovereignty1 equality1 and ,,brotherhood1 is1 at this moment1 visibly commencing40 ,here ,judge ,,crawford broke in1 with great sharpness1 and said1 8,mr4 ,,mann1 such inflammatory language cannot be allowed in this court4 ,we have institutions that may be endangered by it4 ,the court thinks it its duty to interfere4 ,the counsel cannot be allowed to proceed with such inflammatory language40 ,mr4 ,,carlisle here rose1 and1 for the space of ten or fifteen minutes1 with the crowded audience hushed to a grave-like silence1 he interspersed resistless logic with noble sentiments1 in a strain of eloquence rarely1 if ever1 surpassed4 ,he vindicated every word his colleague had said1 both as to matter and manner1 and obtested ,heaven to preserve ,american tribunals of justice from following the examples of the worst times of ,english judicial tyranny1 when the basest minions of the crown were elevated to the bench1 that they might overawe and abash counsel in their defence of prisoners whom the king had foredoomed to punishment4 ,judge ,,crawford4 7,trembling with emotion47 ,mr4 ,,mann',s course of argument was perfectly legitimate4 ,it was the inflammatory language that ,i objected to4 ,it was the language1 and not the argument1 that was objectionable4 ,mr4 ,,mann4 ,gentlemen of the jury1 as the interdict against the line of argument ,i was pursuing1--now acknowledged to be just and proper1--has been withdrawn1 ,i take it up where ,i left it1 and proceed4 ,mr4 ,,key1 district attorney4 ,i demand to know from what paper the gentleman reads4 ,mr4 ,,mann4 7,holding up the paper and pointing to its heading47 ,from ,mr4 ,ritchie's ,washington ,union1 of ,april #bjth4 ,isn't that good authority on this subject8 ,mr4 ,,key4 ,from whose speech does the gentleman read8 ,mr4 ,,mann4 ,from the speech of the ,hon4 ,henry ,s4 ,foote1 a senator in ,congress from the ,state of ,mississippi4 ,mr4 ,,key4 ,the gentleman cannot read a paper to the jury1 unless he expects to prove it4 ,mr4 ,,mann4 ,i deny that as a principle2 but1 if required1 will call ,mr4 ,foote to swear to his speech4 ,judge ,,crawford4 ,mr4 ,mann knows ,mr4 ,foote did not mean his language for our slaves4 7,a suppressed laugh around the bar47 ,mr4 ,,mann4 ,may it please your honor1 while nothing1 on the one hand1 will ever deter me from doing my duty to a client1 yet1 on the other hand1 ,i am moved to say that ,i have been trained from my youth to such respect for a court of justice1 that ,i would say nothing to it or before it which should not be fitting and appropriate1 as apples of gold in pictures of silver4 ,let me then restate my argument1 that we may see whether1 and by whom1 this rule has been departed from4 ,i reiterate1 then1 if slaves are property1 they are a peculiar kind of property4 ,they are instinct with the common desires of humanity1 and among them one of the deepest and strongest is the love of liberty4 ,and just in proportion as their value is increased by intelligence and development1 just in that proportion is the bond weakened by which they are held4 ,in all places slaves hear something1 but in this place they hear much1 of what is said in behalf of human liberty and of human rights4 ,if they hear this1 and are above the condition of brutes1 they will apply it to themselves4 ,every ,fourth of ,july oration1 if understood1 is a torch to light up another ,st4 ,domingo4 ,if they hear the word 8slave0 used in reference to those who have been deprived of their natural rights in other countries1 they will apply that word to their own condition in this4 ,if they hear the word 8tyrants0 used in reference to one who deprives others of their rights1 for 8tyrants0 they will read 8masters20 and no mortal power1 or law1 or art1 can help it1 but by blotting out all that is human within them4 ,the slaves in this city are constantly hearing what must remind them that they are slaves2 and therefore they are constantly incited to escape from their bondage4 ,the torchlight procession1 with its speeches and parade1 was one among ten thousand of these incitements4 ,the slaves1 therefore1 who went on board the ,pearl1 might have obtained the idea of escape from some other person than from the prisoner1--from some orator who lays down rules for the meridian of ,europe1 which do not quite suit the meridian of ,america4 ,hence they might have gone and applied to the prisoner for a passage4 ,to this he might have assented4 ,and if so1 then his offence can be nothing beyond the offence of 8transporting10 and is not the offence of stealing1 as charged in this indictment4 ,and1 as to the inflammatory language which the court charges me with having used3 every word which was uttered by me1 and which the court characterizes and denounces as 8inflammatory10 and thinks not proper to be spoken in this court room1 because it may endanger the institutions of this city1 was the exact language of the ,hon4 ,mr4 ,foote1 senator in ,congress from the ,state of ,mississippi1 uttered by him from the rostrum1 on ,pennsylvania ,avenue1 the most public place in this city1 on the evening of the #acth of ,april last1 to thousands of people there assembled1 men1 women1 children1 negroes and all4 ,i had marked1 may it please the court1 several other passages1--for this purpose most pungent and piercing1--in the speeches of that evening1 to be read on this occasion2 but as ,i think both court and jury are already pretty well apprised of the pertinency and force of my argument under this head1 ,i shall content myself with reading one passage more4 ,it is from the speech of the ,hon4 ,frederick ,p4 ,staunton1 representative in ,congress from ,tennessee1 delivered on the same occasion1 and printed in the same paper3-- 8,it has been truly said here this evening1 that our example has been of essential service to ,france4 ,who can doubt it8 ,how different would have been the struggle for liberty to be secured by republicanism1 if there had been no example of a stable republican government to which the patriot could point1 for the encouragement of his people6 ,it is said we are propagandists4 ,we do not1 indeed1 propagate our principles with the sword of power2 but there is one sense in which we are propagandists4 ,we cannot help being so4 ,our example is contagious4 ,in the section of this great country where ,i live1 on the banks of the mighty ,mississippi river1 we have the true emblem of the tree of liberty4 ,there you may see the giant cottonwood spreading his branches widely to the winds of heaven4 ,sometimes the current lays bare his roots1 and you behold them extending far around and penetrating to an immense depth in the soil4 ,when the season of maturity comes1 the air is filled with a cotton-like substance1 which floats in every direction1 bearing1 on its light wings1 the living seeds of the mighty tree4 ,they lodge upon every bank of sand which emerges from the bosom of the receding tide1 and soon a young forest is seen to lift its head from the surface of the barren waste4 ,thus the seeds of freedom have emanated from the tree of our liberties4 ,they fill the air4 ,they are wafted to every part of the habitable globe4 ,and even in the barren sands of tyranny they are destined to take root4 ,the tree of liberty will spring up every where1 and nations shall recline in its shade40 ,and thus1 gentlemen of the jury1 ,i say that while some of the seeds of liberty which we scatter are wafted to a foreign realm1 and fall upon a foreign soil1 others will drop upon the hearts of bondmen and bondwomen at home1 and will there fructify and mature into their appropriate harvest4 ,such1 gentlemen1 are the considerations that lead me to believe that the slaves found on board the schooner ,pearl left the possession of their masters of their own accord1 or at the private suggestion of some friend1 and not at that of the prisoner2 or because they were publicly incited thereto by that boastful spirit amongst us which is forever shouting the praises of liberty1 while restricting the application of its principles4 ,i therefore infer that the prisoner has not committed the act which forms the first ingredient in the offence of larceny1--the taking of property from the possession of the owner4 #b4 ,to constitute the offence of larceny1 the prisoner must have taken the slaves into his own possession4 ,now1 of this there is not a particle of evidence4 ,for aught that appears1 the slaves might have been passengers1 on board his schooner1 for a fare4 ,they themselves might have paid this fare1 or others might have paid it for them4 ,in either case1 they were no more in possession of the prisoner than you or ,i are in possession of a railroad corporation1 when we travel in its cars4 #c4 ,the third question is1 whether1 even if the prisoner did take the slaves named in this indictment from the possession of ,andrew ,hoover1 and into his own possession1 he did so for the felonious purpose of converting them to his own use4 ,the act of stealing1 gentlemen1 springs from the impulse to acquire property1 as a means of gratification4 ,this impulse or desire to obtain the means of enjoyment is universal4 ,the law denounces its penalties against stealing1 in order to repress the excesses of this propensity1 and to confine it to honest acquisitions4 ,hence one man may interfere with the property of another in a thousand ways1 without being guilty of stealing4 ,it is not the mere taking of another man's property1 therefore1 which constitutes stealing1 but the taking of it in order to convert it to the use of the taker1 and so to save himself the labor of earning it4 ,hence ,i may take a man's plough from his field1 or his wagon from his barn1 and use them temporarily2 but if ,i return them again to the owner1 it is not stealing1 but only a trespass4 ,so1 according to the books1 ,i may take a man's horse from his stable1 ride him thirty miles1 in order to flee from justice1 and then1 if ,i abandon the horse1 it is not stealing4 ,it is only a trespass4 ,the doctrine1 gentlemen1 which ,i wish to enforce upon your minds1 is1 that every act of taking another man's property is not stealing4 ,when a wag1 riding with a clergyman to church1 took his sermon from his pocket1 for the purpose of enjoying his embarrassment when he should get into the pulpit1 and find himself in the presence of the enemy without any ammunition1 such taking was not stealing2 for doubtless the rogue had no intention of appropriating either the sermon or its morals to his own use4 ,so it is related of ,sir ,walter ,scott1 that1 when he was a boy at school1 he got within one of the head of his class4 ,but the boy at the head never made a mistake1 and so he stood there1 as perseveringly as the letter ,a stands at the head of the alphabet4 ,but ,sir ,walter observed that1 when his classmate was reciting1 his fingers always fumbled with a button on his jacket1 and1 watching his opportunity at their next romping on the playground1 he cut off the button from his rival's jacket2 and1 at the very next lesson1 the boy1 being disconcerted at not finding the button1 missed his answer1 and ,sir ,walter rose to the head4 ,but surely this was not stealing4 ,the reason why1 in each of these cases1 one would not be guilty of stealing1 is1 that he does not mean to make the article taken his own4 ,he gets a temporary advantage from it1 but does no act that proves a design of permanent or unlimited ownership4 ,hence there is the broadest and most striking difference between stealing and malicious mischief4 ,if one man takes the property of another1 merely to destroy or annihilate it1 out of ill will or revenge towards the owner1 this is malicious mischief only1 and not stealing4 ,it is not punished as stealing4 ,morally1 it may be as wrong1--perhaps worse than stealing itself4 ,but this impulse which prompts to the destruction of another man's property is vastly weaker than that which leads to its appropriation4 ,the latter is gratified a thousand times where the former is once1 and therefore the law visits the former with the milder penalty4 ,if taking property from its owner from revenge1 and for the malicious purpose of destroying it1 be not stealing1 but only malicious mischief1 then surely taking the property for the benevolent purpose of doing a kindness to the property itself1--as to a slave1--is not stealing4 ,take an illustration4 ,wild animals are the property of no one4 ,the undomesticated hares that run over my fields1 the pigeons that fly over my house1 or the fishes that swim in my streams1 are not my property so that they can be the subjects of larceny4 ,if a man takes them1 he is liable in trespass for entering my grounds1 and that is all4 ,but if ,i confine hares in a warren1 or pigeons in a cote1 or fishes in a seine1 then they are my property1 and are the subjects of larceny1 because ,i have reduced them to possession4 ,under such circumstances1 if a man shoots or catches them for his table4--that is1 to convert them to his own use1--he steals them2 but if a man merely releases them from their confinement1 breaks open their enclosures to let them go free1 he is at most only guilty of malicious mischief4 ,the ,english nobility send to ,france for foxes4 ,these are caught in the ,pyrenees or other mountains1 brought across the ,english channel1 and placed in the parks of noblemen preparatory to the barbarous amusement of a fox-hunt4 ,now1 if one lord should take a fox from the park of another lord1 for the pleasure of hunting him down1 on his own premises1 this would be stealing2 but if he should only assist a fox to escape out of the park1 for the benevolent purpose of restoring him to his natural liberty1 this would not be stealing1 but only a trespass4 ,in such a case1 the man who enlarges the fox does not do it in order to save himself the labor or expense of catching a fox2 that is1 he does not convert the fox to his own use4 ,let me give you another illustration1 which ,i select for the beauty of the language in which it is conveyed1 and for the nobleness of the sentiments that accompany it4 ,in the 8,sentimental ,journey0 of ,sterne1 the following incident is related3-- 8,i was interrupted1 in the heyday of this soliloquy1 with a voice which ,i took to be of a child1 which complained1 it could not get out4 ,i looked up and down the passage1 and seeing neither man1 woman1 nor child1 ,i went out without further attention4 8,in my return back through the passage1 ,i heard the same words repeated twice over1 and looking up1 ,i saw it was a starling1 hung in a little cage4 #8,i can't get out1 ,i can't get out1' said the starling4 8,i stood looking at the bird1 and to every person who came through the passage1 it ran fluttering to the side which they approached1 with the same lamentation of its captivity1--#8,i can't get out1' said the starling4 ,god help thee6 said ,i1 but ,i'll let thee out1 cost what it will2 so ,i turned about the cage to get at the door4 ,it was twisted and double twisted so fast with wire1 there was no getting it open without pulling the cage to pieces4 ,i took both hands to it4 8,the bird flew to the place where ,i was attempting his deliverance1 and1 thrusting his head through the trellis1 pressed his breast against it as if impatient4 ,i fear1 poor creature1 said ,i1 ,i cannot set thee at liberty4 #8,no1' said the starling1 #8,i can't get out4 ,i can't get out1' said the starling4 8,i vow ,i never had my affections more tenderly awakened40 ,and then he bursts out into that apostrophe to ,slavery1 which has thrilled the hearts of all his readers in times past1 and will continue to thrill the heart of every reader in all time to come3-- 8,disguise thyself as thou wilt1 still1 ,slavery1 still thou art a bitter draught6 and1 though thousands in all ages have been made to drink of thee1 thou art no less bitter on that account4 ',tis thou1 thrice sweet and gracious goddess1 ,,liberty1 whom all in public or in private worship1 whose taste is grateful1 and ever will be so till ,nature herself shall change4 ,no tint of words can spot thy snowy mantle1 or chemic power turn thy sceptre into iron4 ,with thee to smile upon him as he eats his crust1 the swain is happier than his monarch1 from whose court thou art exiled4 ,gracious ,heaven6 grant me but health1 thou great ,bestower of it1 and give me but this fair goddess as my companion1 and shower down thy mitres1 if it seems good unto thy divine providence1 upon those heads which are aching for them40 ,had ,sterne released that bird1 and sent it abroad to rejoice in its native fields of air1 would his myriads of readers1 who have been delighted at the story1 have convicted him of stealing8 ,now for the application4 ,these slaves1 by the law of nature1 were as free as you or ,i4 ,by the law and force of man1 they have been subjected to bondage4 ,if the prisoner took them1 and took them either to sell them or to use them himself1 then he took them1 in the language of the law1 for the felonious purpose of converting them to his own use2 and such taking would be larceny according to the law4 ,but if he took them for the purpose of carrying them to a free state1 and of thus restoring them to their natural liberty1 then he did not intend to convert them to his own use1 and is not guilty of stealing4 ,there is another view of this case4 ,the harshest doctrines in favor of slavery only claim1 that a master has a right to the services of his slave4 ,he has not a right to his flesh and bones1 so that he can cut up the former for dog's meat1 and grind the latter for compost4 ,to constitute larceny1 then1 of this kind of property1 the prisoner must have deprived the master of the services of his slaves1 with the intent1 with the felonious intent1 to use those services himself1 or to sell them to another1 which would be the most effective act of use4 ,but no evidence of any such intent has been adduced in this case4 ,i therefore maintain1 that neither of the three ingredients necessary to constitute the offence of larceny has been proved by the government4 ,and now1 gentlemen1 in closing1 ,i will narrate to you the worst of the prisoner's case4 ,i will make confession for him of the length and breadth of his offence4 ,there resides in this city a man named ,daniel ,bell1 who was once held as a slave1 but who purchased his own freedom4 ,he had a family1 consisting of his wife and eight or ten children4 ,these were manumitted by their master1 when he was brought to that most searching of all earthly tribunals1--the death bed4 ,after the master's decease1 his heirs attempted to reclaim the property2 for the living and the dying have very different views on the subject of slavery4 ,their ground of claim was1 that the master was not of sound and disposing mind when he made the deed of manumission4 ,but the magistrate who prepared the deed1 and before whom it was executed and acknowledged1 set that pretence aside by his own knowledge of the grantor's sanity2 and so the family of ,bell passed as free1 and were treated as free1 for years4 ,at length this magistrate died1 and immediately the attempt to reduce the family to bondage was renewed4 ,a trial was had1 and through default of the now deceased magistrate's testimony1 a verdict against them was obtained4 ,but new evidence was discovered1 and one of the most respectable counsellors of this court1 ,joseph ,h4 ,bradley1 ,esq41 made oath as to his belief in the sufficiency of that evidence1 and moved for a new trial4 ,it was while these proceedings were pending1 in behalf of the wife and children1 that they became alarmed lest they should be clandestinely sent to the south1 and there be plunged into irredeemable slavery4 ,believing themselves free1 and fearing bondage1 they did send to ,philadelphia for assistance1 7,i tell you the worst of it17 in being rescued from such a fate4 ,this defendant1 ,drayton1 being led also to believe that they were free1 did come to assist them4 ,drayton might have said to himself1 8,men go to assist ,poles and ,hungarians1 and even ,texans1 and get glory for it2 and why should ,i not assist free women and children in imminent danger of bondage80 ,he arrived here on ,thursday evening1 the #acth of ,april1 and1 having no other special business1 prepared to sail from here1 and did so sail1 on ,saturday evening1 the #aeth4 ,bell's family knew the place where the defendant's vessel was anchored1 and the time fixed for its departure4 ,drayton1 expecting to meet them there at the time appointed1 was not at his vessel during the whole evening4 ,but one thing happened which he did not expect1 and had not provided against4 ,bell's family had a few friends whom they thought they could take with them4 ,they did not propose any spoiling of the ,egyptians1 but thought the escape of a few ,israelites lawful4 ,but these friends had their friends1 and they still another circle2 and so1 while the defendant was absent from his vessel on ,saturday evening1 and without his knowledge or consent1 they flocked down and stowed themselves in the hold2 so that1--and ,i say now1 gentlemen1 what ,i religiously believe to be true1--when these slaves were ordered to come on deck after the capture1 the prisoner was as much astonished as any body at the number of fishes that had got into his net4 ,these1 gentlemen1 are the facts1 and1 as ,i believe1 all the important facts pertaining to this case2 and on these facts we claim that you must acquit the prisoner of the offence of larceny4 ,,note4 ,this case and one or two others were tried1 and1 in consequence of a series of most extraordinary rulings by the court1 a verdict of 8guilty0 was rendered4 ,every lawyer knows that in the course of a trial1 when counsel can have no time for examination or reflection1 they take exceptions1 wherever an objection to the decision of the judge seems probably1 or even plausibly good4 ,a clew1 therefore1 will be given to the course which the court pursued throughout these trials1 when the fact is stated1 that1 on appeal to the ,superior ,court1 seventeen out of twenty-four of the rulings of the judge to which exception had been taken were set aside4 ,the cases for larceny were remanded to be tried anew1 when a verdict of 8not guilty0 was rendered in them all4 ,drayton1 the captain1 and ,sayres1 his mate1 were afterwards convicted of 8transporting0 the slaves1 and were fined4 ,english1 the 8boy10 though indicted in one hundred and fifteen indictments1 was discharged without a trial4 ,part of ,bell's free family were ransomed2 the rest were sold and sent to the ,south4 ,although the facts pertaining to the mob1 the repeated attempts upon ,drayton's life1 the besieging of the jail1 and the expulsion of ,drayton's counsel from it when engaged in his defence1 all came out before the grand jury that found these scores and hundreds of indictments1 and though it was notorious who some of the ringleaders of the mob were1 yet no bill of indictment was ever found against any of them4 ,,footnotes3 #d ,in attendance upon the trial1 and stationing themselves as near as practicable to the counsel for the defence1 were men who cocked pistols and drew dirks upon ,drayton1 in the mob that pursued him4 ,,letter ,,to ,,the ,,whig ,,convention1 7,,and ,,also ,,to ,,the ,,free ,,soil ,,convention1 mutatis mutandis17 ,,accepting ,,their ,,respective ,,nominations ,,for ,,the ,,thirty-,,first ,,congress4 ,one paragraph of this ,letter is omitted1 as referring to a subject unconnected with the object of the present volume4 ,,west ,,newton1 ,sept4 #bc1 #ahdh4 ,,gentlemen2 ,i have received with lively emotions of gratitude a copy of the resolutions passed at a district convention1 held at ,dedham1 on the -- inst42 from one of which it appears that ,i was unanimously nominated by the convention1 as their candidate for the ,thirty-first ,congress of the ,united ,states4 99 99 99 99 99 ,the convention you have the honor to represent was pleased to refer to my views respecting the institution of slavery4 ,some of these views were partly expressed in the remarks made by me in the ,house of ,representatives1 on the #cjth of ,june last2 in the letter to my constituents before referred to2 and in my arguments before the ,criminal ,court of the ,district of ,columbia1 in the 8,pearl0 cases4 ,these1 and kindred views1 ,i shall improve all fitting opportunities that ,i may ever enjoy to enlarge upon and enforce2 and had ,i the tongue of an angel1 or the pen of inspiration1 ,i believe ,i could use them on no holier theme than in kindling abhorrence at the wrongs suffered by the slave1 and in melting the universal heart of humanity into pity for his lot2 for ,i hold it to be impossible for the soul of a slave1--benighted1 strangled1 and buried alive as it is1--ever fully to know and feel the joys of that spiritual liberty wherewith ,christ maketh his disciples free4 ,be pleased1 gentlemen1 to accept my thanks for the very kind manner in which you have made known to me the decision of the convention you represent1 and believe me1 ,very truly and sincerely1 yours1 c41 c41 ,,horace ,,mann4 ,,speech ,,delivered ,,in ,,the ,,house ,,of ,,representatives ,,of ,,the ,,united ,,states1 ,,february #bc1 #ahdi1 ,,on ,,slavery ,,and ,,the ,,slave ,,trade ,,in ,,the ,,district ,,of ,,columbia4 ,,mr4 ,,chairman2 ,there is a bill upon the speaker's table which provides for abolishing the slave trade in the ,district of ,columbia4 ,for three successive days we have tried in vain to reach it1 in the order of business4 ,its opponents have baffled our efforts4 ,our difficulty is not in carrying the bill1 but in reaching it4 ,i am not without apprehension that the last sands of this ,congress will run out1 without any action upon the subject4 ,even should the bill be taken up1 it is probable that all debate upon it will be suppressed by that sovereign silencer1--the previous question4 ,hence ,i avail myself of the present opportunity1 as it is probably the only one ,i shall have1 during the present session1 to submit my views upon it4 ,i frankly avow1 in the outset1 that the bill provides for one part only of an evil1 whose remedy1 as it seems to me1 is not only the object of a reasonable desire1 but of a righteous and legal demand4 ,the bill proposes the abolition1 not of slavery1 but only of the slave trade1 in the ,district of ,columbia4 ,my argument will go to show1 that1 within the limits of this ,district1 slavery ought not to exist in fact1 and does not exist in law4 ,sir1 in the first place1 let us inquire what is the state of things in this ,district on this subject4 ,the gentleman from ,indiana1 ,mr4 ,r4 ,w4 ,,thompson1 who addressed us a few days since1 used the following language3-- 8,what is the slave trade in the ,district of ,columbia8 ,i have heard a great deal said about #8slave pens1'--about slaves sold at auction1--and about stripping the mother from the child1 and the husband from the wife4 ,these things may exist here1 but ,i do not know of them4 ,since ,i have been in the habit of visiting the ,district1--which is from my boyhood1--,i have never seen a negro sold here1--,i have never seen a band of negroes taken off by the slave trader4 ,i do not remember that ,i have ever seen the slave trader himself4 ,i know nothing of the #8slave pen' that is so much talked about4 ,it may be here1 however1 and these things may happen every day before the eyes of gentlemen who choose to hunt them up2 but for myself1 ,i have no taste for such things40 ,now1 sir1 if the gentleman means to say that he has no personal knowledge of 8slave pens0 and of the slave traffic in this ,district1 that is one thing2 but if he means to deny or call in question the existence of the traffic itself1 or of the dens where its concentrated iniquities make up the daily employment of men1 that is quite another thing4 ,sir1 from the western front of this ,capitol1 from the piazza that opens out from your congressional library1 as you cast your eye along the horizon and over the conspicuous objects of the landscape1--the ,president's ,mansion1 the ,smithsonian ,institution1 and the site of the ,washington ,monument1 you cannot fail to see the horrid and black receptacles where human beings are penned like cattle1 and kept like cattle1 that they may be sold like cattle1--as strictly and literally so as oxen and swine are kept and sold at the ,smithfield shambles in ,london1 or at the cattle fair in ,brighton4 ,in a communication made during the last session1 by the mayor of this city1 to an honorable member of this ,house1 he acknowledges the existence of slave pens here4 ,up and down the beautiful river that sweeps along the western margin of the ,district1 slavers come and go1 bearing their freight of human souls to be vended in this market-place2 and after they have changed hands1 according to the forms of commerce1 they are retransported1--the father of a family to go1 perhaps1 to the rice fields of ,south ,carolina1 the mother to the cotton fields of ,alabama1 and the children to be scattered over the sugar plantations of ,louisiana or ,texas4 ,sir1 it is notorious that the slave traders of this ,district advertise for slaves in the newspapers of the neighboring counties of ,maryland1 to be delivered in any numbers at their slave pens in this city2 and that they have agents1 in the city and out of it1 who are engaged in supplying victims for their shambles4 ,since the gentleman from ,indiana was elected to this ,congress1 and1 ,i believe1 since he took his seat in this ,congress1 one coffle of about sixty slaves came1 chained and driven1 into this city2 and at about the same time another coffle of a hundred4 ,here they were lodged for a short period1 were then sold1 and went on their returnless way to the ingulfing south4 ,sir1 all this is done here under our own eyes1 and within hearing of our own ears4 ,all this is done now1 and it has been done for fifty years1--ever since the seat of the national government was established in this place1 and ever since ,congress1 in accordance with the constitution1 has exercised 8exclusive legislation0 over it4 ,but the gentleman from ,indiana1 though accustomed to visit this ,district from his boyhood1 has 8never seen a negro sold here20--he has 8never seen a band of negroes taken off by the slave trader20 he does not remember 8to have seen the slave trader himself20 he knows 8nothing of the #8slave pen' that is so much talked about40 ,sir1 the eye sees1 not less from the inner than from the outer light4 ,the eye sees what the mind is disposed to recognize4 ,the image upon the retina is nothing1 if there be not an inward sense to discern it4 ,the artist sees beauty2 the philosopher sees relations of cause and effect2 the benevolent man catches the slightest tone of sorrow2 but the insensate heart can wade through tears and see no weeping1 and can live amidst groans of anguish1 and the air will be a non-conductor of the sound4 ,i know a true anecdote of an ,american gentleman who walked through the streets of ,london with a ,british nobleman2 and being beset at every step of the way by squalid mendicants1 the ,american1 at the end of the excursion1 adverted to their having run a gantlet between beggars4 8,what beggars80 said his lordship2 8,i have seen none40 ,but the gentleman from ,indiana says1 8,but for myself1 ,i have no taste for such things40 ,his taste explains his vision4 ,suppose ,wilberforce and ,clarkson to have had no 8taste0 for quelling the horrors of the ,african slave trade4 ,suppose ,howard and ,mrs4 ,fry to have had no 8taste0 for laying open the abominations of the prison-house1 and for giving relief to the prisoner4 ,suppose ,miss ,dix to have had no 8taste0 for carrying solace and comfort and restoration to the insane4 ,suppose the ,abb ,l',epe to have had no 8taste0 for teaching deaf mutes2 or the ,abb ,hauy for educating the blind2 or ,m4 ,seguin and others for training idiots1 and for educing docility and decency1 and a love of order from those almost imperceptible germs of reason and sense1 that barely distinguish them from the brutes6 ,suppose these things1 and in what a different condition would the charities and the sufferings of the world have been6 ,herod had no 8taste0 for sparing the lives of the children of ,bethlehem1 and of all the coasts thereof2 and doubtless he could have said1 with entire truth1 that he never heard the voice1 in ,rama1 of lamentation and weeping and great mourning2 nor saw1 among all the mothers of ,syria1 any ,rachel weeping for her children and refusing to be comforted1 because they were not4 ,but1 sir1 just in proportion as the light of civilization and ,christianity dawns upon the world1 will men be found who have a 8taste0 for succoring the afflicted and for righting the wronged4 ,it was the clearest proof of the ,great ,teacher's mission1 that he had 8a taste0 for going about doing good4 ,during the last fifty years1 and especially during the last half of these fifty years1 the world has made great advances in the principles of liberty4 ,human rights have been recognized1 and their practical enjoyment1 to some extent1 secured4 ,there is not a government in ,europe1 even the most iron and despotical of them all1 that has not participated in the ameliorations which characterize the present age4 ,a noble catalogue of rights has been wrested by the ,british commons from the ,british nobility4 ,france and ,italy have been revolutionized4 ,even the ,pope of ,rome1 whose power seemed as eternal as the hills on which he was seated1 has sunk under the shock4 ,prussia1 and all the ,germanic powers1 with the exception of ,austria1 have been half revolutionized2 and even the icy despotisms of ,austria and ,russia are forced to relent under those central fires of liberty which burn forever in the human heart1 as the central fires of the earth burn forever at its core4 ,great ,britain has abolished ,african slavery throughout all her realms4 ,france has declared that any one who shall voluntarily become the owner of a slave1 or shall voluntarily continue to be the owner of a slave cast upon him by bequest or inheritance1 shall cease to be a citizen of ,france4 ,denmark has abolished slavery wherever it existed in her possessions4 ,the ,bey of ,tunis1 acting under the light of the ,mahometan religion1 has abolished it4 ,the priests of ,persia declare the sentiment to have come by tradition from ,mahomet himself1 8that the worst of men is the seller of men40 ,not only all civilized nations1 but the half civilized1 the semi-barbarous1 are acting under the guidance of the clearer light and the higher motives of our day4 ,but there is one conspicuous exception2 there is one government which closes its eyes to this increasing light2 which resists the persuasion of these ennobling motives2 which1 on the grand subject of human liberty and human rights1 is stationary and even retrogrades1 while the whole world around is advancing2 sleeps while all others are awaking2 loves its darkness while all others are aspiring and ascending to a purer air and a brighter sky4 ,this government1 too1 is the one which is most boastful and vain-glorious of its freedom2 and if the humiliating truth must be spoken1 this government is our own4 ,in regard to slavery and the slave trade in this ,district1 where we possess the power of exclusive legislation1 we stand where we stood fifty years ago4 ,not a single ameliorating law has been passed4 ,in practice1 we are where we were then2 in spirit1 there are proofs that we have gone backward4 ,there are now on the surface of the globe two conspicuous places1--places which are attracting the gaze of the whole civilized world1--whither men and women are brought from great distances to be sold1 and whence they are carried to great distances to suffer the heaviest wrongs that human nature can bear4 ,one of these places is the coast of ,africa1 which is among the most pagan and benighted regions of the earth2 the other is the ,district of ,columbia1 the capital and seat of government of the ,united ,states4 ,as far back as #ahjh1 ,congress did what it could to abolish the slave trade on the coast of ,africa4 ,in #ahbj it declared the foreign slave trade to be piracy2 but on the #cast of ,january1 #ahdi1 a bill was introduced into this ,house to abolish the domestic slave trade in this ,district1--here1 in the centre and heart of the nation1--and seventy-two representatives voted against it1--voted to lay it on the table1 where1 as we all know1 it would sleep a dreamless sleep4 ,this was in the ,house of ,representatives4 ,it is well known that the ,senate is still more resistant of progress than the ,house2 and it is the opinion of many that1 even if a bill should pass both ,house and ,senate1 it would receive the ,executive veto4 ,by authority of ,congress1 the city of ,washington is the ,congo of ,america4 ,but1 still more degrading than this1 there is another contrast which we present to the whole civilized world4 ,the very slaves upon whom we have trodden have risen above us1 and their moral superiority makes our conduct ignominious4 ,not ,europeans only1 not only ,arabians and ,turks1 are emerging from the inhumanity and the enormities of the slave traffic2 but even our own slaves1 transplanted to the land of their fathers1 are raising barriers against the spread of this execrable commerce4 ,on the shores of ,africa1 a republic is springing up1 whose inhabitants were transplanted from this ,egypt of bondage4 ,and now1 look at the government which these slaves and descendants of slaves have established1 and contrast it with our own4 ,they discard the institution of slavery1 while we cherish it4 ,a far greater proportion of their children than of the white children of the slave states of this ,union are at school4 ,in the metropolis of their nation1 their flag does not protect the slave traffic1 nor wave over the slave mart4 ,would to ,god that the very opposite of this were not true of our own6 ,their laws punish the merchandise of human beings2 our laws sanction and encourage it4 ,they have erected1 and are erecting1 fortifications and military posts along the shores of the ,atlantic1 for seven hundred miles1 to prevent pirates from invading the domain of their neighbors1 and kidnapping people who1 to them1 are foreign nations4 ,we open market-places here1 at the centre of the nation1 where1 from seven hundred miles of coast1 the sellers may come to sell1 and where buyers may come to buy1 and whence slaves are carried almost as far from their birthplace as ,africa is from ,america4 ,the governor of ,liberia has lately made a voyage to ,england and ,france1 and entered into treaties of amity and commerce with them2 and he has obtained naval forces from them1 to abolish this traffic in human beings4 ,at the same time1 we are affording guaranties to the same traffic4 ,virginia and ,maryland are to the slave trade what the interior of ,africa once was4 ,the ,potomac and the ,chesapeake are the ,american ,niger and ,bight of ,benin2 while this ,district is the great government barracoon1 whence coffles are driven across the country to ,alabama or ,texas1 as slave ships once bore their dreadful cargoes of agony and woe across the ,atlantic4 ,the very race1 then1 which were first stolen1 brought to this country1 despoiled of all the rights which ,god had given them1 and kept in bondage for generations1 at last1 after redeeming themselves1 or being restored to their natural liberty in some other way1 have crossed the ocean1 established a government for themselves1 and are now setting us an example which should cause our cheeks to blister with shame4 ,sir1 there is an idea often introduced here and elsewhere1 and made to bear against any restriction of slavery1 or any amelioration of the condition of the slave1 which ,i wish to consider4 ,it was brought odiously and prominently forward the other day1 by the gentleman from ,pennsylvania1 ,mr4 ,,charles ,,brown4 ,the idea is1 that the slaves are in a better condition in this country than they would have been at home4 ,it is affirmed that they are brought under some degree of civilizing and humanizing influences amongst us1 which they would not have felt in the land of their fathers4 ,let us look1 first1 at the philosophy of this notion1 and then at its morality4 ,all those who use this argument as a defence or a mitigation of the evils of slavery1 or as a final cause for its existence1 assume that if the present three million slaves1 who now darken our southern horizon1 and fill the air with their groans1 had not been here in their present state of bondage1 they would have been in ,africa1 in a state of paganism4 ,now1 the slightest reflection shows that this assumption has no basis of truth4 ,not one of them all would now have been in existence1 if their ancestors had not been brought to this country4 ,and1 according to the laws of population operative among barbarous nations1 there are now just as many inhabitants1--pagans1 cannibals1 or what you please1--in ,africa1 as there would have been if the spoiler had never entered their home1 and ravished and borne them into bondage4 ,among savage nations1 or nomadic tribes1 the population equals the means of subsistence4 ,take away two1 three1 or four per cent4 of the consumers1 and the vacuum is immediately filled4 ,the population keeps up to the level of the production4 ,among such people1 there is always a tendency to increase faster than the means of living increase4 ,take away a part of them1 and this tendency to increase takes effect by its own vigor1--it executes itself4 ,it is like a bow that unbends1 or a spring that uncoils1 as soon as an external pressure is removed4 ,dam up a fountain1 and the weight of the accumulating strata will eventually check the outflow from the spring4 ,so it is of a savage population4 ,of them1 the ,malthusian theory is true4 ,and how infinitely absurd and ridiculous is the plea that the slaves are better off here 8than ,,they would have been in ,africa06 ,go out into the streets of this city1 and take the first one you meet1--perhaps he is a mulatto4 ,but for being here1 he would have been a mulatto in the middle of ,africa1 would he8 ,take them all1--mulatto1 mestizo1 zambo1 and all 8the vast variety of man10 so far as color is concerned1--and if they had not their existence here1 they would have had it in ,africa6 ,this is the doctrine4 ,would they have had the same ,american names also8 ,would they have spoken the same language1 and worn cotton grown on the same fields8 ,the last is just as certain as the first4 ,it is all more silly than the repinings of the silly girls who grieved because their mother had not married a certain rich suitor1 whose addresses in early life she had rejected2 for then1 said they1 how rich we should have been6 ,no1 not one of these three millions of men1 women1 and children1 would have been in existence in ,africa4 ,all the crime of their kidnapping2 all the horrors of the middle passage2 all their sufferings for two centuries1 or six generations2 and all the calamities that are yet to grow out of their condition1--all these crimes and agonies are gratuitous crimes and agonies4 ,there is no recompense or palliation for them4 ,they have been added unnecessarily and remorselessly to the amount of human guilt and suffering for which the white race must answer in the day of account4 ,the idea1 then1 of sending the slaves back to their country is an egregious fallacy4 ,if they were to be sent back whence they came1 it would not be to ,africa1 but to nonentity4 ,if the ancestors of the present three millions of slaves had never been brought here1--if their descendants had never been propagated here1 for the supposed value of their services1 their places would have been supplied by white laborers1--by men of the ,caucasian race1--by freemen4 ,instead of the three million slaves1 of all colors1 we should doubtless now have at least three million white1 freeborn citizens1 adding to the real prosperity of the country1 and to the power of the ,republic4 ,if the south had not had slaves to do their work for them1 they would have become ingenious and inventive like the north1 and would have enlisted the vast forces of nature in their service1--wind1 and fire1 and water1 and steam1 and lightning1 the mighty energies of gravitation and the subtle forces of chemistry4 ,the country might not have had so gaudy and ostentatious a civilization as at present1 but it would have had one infinitely more pure and sound4 ,but admit the alleged statement1 absurd and false as it is2 admit that these three millions of slaves would have belonged to ,africa if they had not belonged to ,america1--that they would have been born of the same fathers and mothers there as here1 so that those of them who are ,american mulattoes would have been ,ethiopian mulattoes2 and admit1 further1 that their present condition is better than the alternative condition alleged1--and what then8 ,is your duty done8 ,is it enough if you have made the condition of a man or of a race a little better1 or any better1 if you have not made it as much better as you can8 ,what standard of morals do gentlemen propose to themselves8 ,if a fellow-being is suffering under a hundred diseases1 and we can relieve him from them all1 what kind of benevolence is that which boasts of relieving him from one1 and permits him to suffer under the other ninety and nine8 ,by the law of nature and of ,god1 the slave1 like every other man1 is entitled 8to life1 liberty1 and the pursuit of happiness20 he is entitled to his earnings1--to the enjoyment of his social affections1--to the development of his intellectual and moral faculties1--to that cultivation of his religious nature which shall fit him1 not merely to feel1 but reason of righteousness1 temperance1 and a judgment to come2--he is entitled to all these rights1 of which he has been cruelly despoiled2 and when he catches some feeble glimmering of some of them1 we withhold the rest1 and defend ourselves and pride ourselves that he is better off than he would have been in some other country or in some other condition4 ,suppose the ,samaritan had bound up a single wound1 or relieved a single pang of the bleeding wayfarer who had fallen among thieves1 and then had gone to the next inn and boasted of his benevolence4 ,he would only have shown the difference between a 8good ,samaritan0 and a 8bigot ,samaritan40 ,the thieves themselves might have done as much4 ,but there is another inquiry which the champions of slavery have got to answer before the world and before ,heaven4 ,if ,american slaves are better off than native ,africans1 who is to be thanked for it8 ,has their improved condition resulted from any purposed plan1 any well-digested1 systematized measure1 carefully thought out1 and reasoned out1 and intended for their benefit8 ,not at all4 ,in all the southern statute books1 and legislative records1 there is no trace of any such scheme4 ,laws1 judicial decisions1 the writing of political economists1--all treat the slave as a thing to make money with4 ,agricultural societies give rewards for the best crops4 ,horse-jockey societies improve the fleetness of the breed for the sports of the turf4 ,even the dogs have professional trainers4 ,but not one thing is done to bring out the qualities of manhood that lie buried in a slave4 ,look through the southern statute books1 and see what ,draconian penalties are inflicted for teaching a slave to read1--see how he is lashed for attending a meeting to hear the ,word of ,god4 ,on every highroad patrols lie in wait to scourge him back if he attempts to visit father1 mother1 wife1 child1 or friend1 on a neighboring plantation4 ,by day and by night1 at all times and every where1 he is the victim of an energetic and comprehensive system of measures1 which blot out his senses1 paralyze his mind1 degrade and brutify his nature1 and suppress the instinctive workings of truth1 generosity1 and manhood in his breast4 ,all the good that reaches him1 reaches him in defiance of these privations and disabilities4 ,if any light penetrates to his soul1 it is because human art cannot weave a cloud dense and dark enough to be wholly impervious to it4 ,there are some blessings which the goodness of ,god will bestow in spite of human efforts to intercept them4 ,it is these only which reach the slave4 ,and after having built up all barriers to forbid the access of improvement2 after having sealed his senses by ignorance1 and more than half obliterated his faculties by neglect and perversion1 the oppressor turns round1 and because there are some scanty1 incidental benefits growing out of the very deplorableness of his condition1 he justifies himself before the world1 and claims the approval of ,heaven1 because the slave is better off here than he would be in ,africa4 ,sir1 such an argument as this is an offence to ,heaven4 ,i consider it to be as much worse than atheism as ,christianity is better4 ,and when such an argument comes from a gentleman belonging to a free state2 when it comes from the gentleman from ,pennsylvania1 ,mr4 ,,brown1 from a representative of the city of ,william ,penn2 when he1 without motive1 without inducement1 offers such a gratuity to the devil1 ,i can account for it only on the principle of the man who1 having a keen relish for the flesh of swine1 said he wished he were a ,jew1 that he might have the pleasure of eating pork and committing a sin at the same time4 ,but the subject presents a still more painful aspect4 ,how are slaves made better1 and from what motives are they made better1 in this country8 ,it is no secret that ,i am about to tell4 ,there are certain virtues and sanctities which increase the pecuniary value of certain slaves2 and there are certain vices and debasements which increase the market price of others4 ,if a master wishes to repose personal confidence in his slave1 he desires to have him honest and faithful to truth4 ,but if he desires to make use of him to deceive and cajole and defraud1 then he wishes to make him cunning and tricky and false4 ,if the master trains the slave to take care of his own children1 or of his favorite animals1 then he wishes to have him kind2 but if he trains him for a tasker or a field overseer1 then he wishes to have him severe4 ,now1 it is in this way that some of the ,christian attributes of character1 being directly convertible into money or money's worth1 enhance the value of a slave4 ,hence1 it is said in advertisements that a slave is pious1 and1 at the auction block1 the hardened and heartless seller dwells upon the ,christian graces and religious character of some slaves with the unction of an apostle4 ,the purchaser sympathizes1 and only desires to know whether the article be a real or a sham ,christian4 ,if mere bones and muscles compacted into human shape be worth five hundred dollars1 then1 if the auctioneer can warrant the subject to have the meekness of ,moses and the patience of ,job1 the same article may be worth seven hundred4 ,if the slave will forgive injuries1 not merely seventy times seven1 but injuries inflicted all his life long1 then an additional hundred may be bid for him4 ,if he possesses all the attributes of religion and piety1 the endurance of a hero1 the constancy of a saint1 the firmness of a martyr1 the trustingness of a disciple1--all except those which go to make him feel like a man1 and believe himself a man1--then that which as mere bone and muscle was worth five hundred dollars1 is now worth a thousand4 ,sir1 is not this selling the ,holy ,spirit8 ,is not this making merchandise of the ,savior8 ,is not this the case of ,judas selling his ,master over again1 with the important exception of the remorse that made the original culprit go and hang himself8 ,but suppose the case to be that of a woman2 suppose her ability to work and capacity for production to be worth five hundred dollars2 suppose1 in addition to this1 she is young and sprightly and voluptuous2 suppose the repeated infusion of ,saxon blood has almost washed the darkness from her skin2 and suppose she is not unwilling to submit herself to the libertine's embrace2 then1 too1 that which before was worth but five hundred dollars1 will now bring two thousand4 ,and thus infernal as well as celestial qualities are coined into money1 according to the demands of the market and the uses of the purchaser4 ,now1 it is only in some such incidental way1 and with regard to some individuals1 that it can be said1 that their condition is better here than it would be in ,africa4 ,and this improvement1 where it exists1 is not the result of any system of measures designed for their benefit1 but is the product of selfish motives1 turning godliness into gain2 and where more gain or more gratification can be obtained by the debasement1 the irreligion1 the pollution of the slave1 there the instincts of chastity1 the sanctity of the marriage relation1 the holiness of maternal love are all profaned to give security and zest to the guilty pleasures of the sensualist and debauchee4 ,there are individual exceptions to what ,i have said1--exceptions which1 amid surrounding iniquity1 shine 8like a jewel in an ,ethiop's ear10 but they are exceptions4 ,laws1 institutions1 and the prevailing public sentiment are as ,i have described4 ,i regard the argument1 therefore1 of the gentleman from ,pennsylvania1 ,mr4 ,,brown1 not only as utterly unsound and false in its premises1 but as blasphemous in its conclusions4 ,common blasphemy seldom reaches beyond exclamation4 ,it is some fiery outburst of impious passion1 that flashes and expires4 ,but the gentleman reasons it out coolly4 ,his is argumentative blasphemy1 borrowing the forms of logic that it may appear to have its force1 and transferring it from the passions to the intellect1 to give it permanency4 ,but the gentleman from ,pennsylvania retorts upon ,massachusetts1 and refers to certain things in her history which he regards as disreputable to her4 ,in this he has been followed by the gentleman from ,virginia1 ,mr4 ,,bedinger1 who has poured out a torrent of abuse upon my native state1 and who has attempted to fortify his own intemperate accusations from a pro-slavery pamphlet which has been profusely scattered about this ,house within a few days past1 and which is not merely full of falsehoods1 but is composed of falsehoods2 so that if one were to take the false assertions and the false arguments out of it1 there would be nothing but the covers left4#e ,sir1 ,i am very far from arrogating for ,massachusetts all the merits and the virtues which she ought to possess4 ,i mourn over her errors1 and would die to reform1 rather than spend one breath to defend them4 ,the recital of her offences can fall more sadly upon no ear than upon my own4 ,but it is as true of a state as of an individual1 that repentance is the first step towards reformation4 ,massachusetts has committed errors2 but when they were seen to be errors1 she discarded them4 ,she once held slaves2 but when she saw that slavery was contrary to the rights of man and the law of ,god1 she emancipated them4 ,she was the first government in the civilized world1--in the whole world1 ancient or modern1--to abolish slavery1 wherever she had power to do so4 ,this is an honor that no rival can ever snatch from her brow4 ,once1--,i say it with humiliation1--she was engaged in the slave trade4 ,but all the gold that could be earned by the accursed traffic1 though spent in the splendors of luxury and the seductions of hospitality1 could not save the trader himself from infamy and scorn2 and ,i am sure ,i am right in saying that the slave trade ceased to be conducted by ,massachusetts merchants1 and to be carried on in ,massachusetts ships1 from ,massachusetts ports1 before it was abandoned by the merchants and discontinued in the ships and from the ports of any other commercial state or nation in the world4 ,this1 too1 is an honor1 which it will be hers1 through all the immortality of the ages1 alone to wear4 ,but ,massachusetts1 it is still said1 has her idolaters of ,mammon in other forms4 ,it is charged upon her that many of her children still wallow in the sty of intemperance2 that her spiritualism runs wild in religious vagaries2 and that something of the old leaven of persecution still clings to her heart4 ,in vindicating what is right1 ,i will not defend what is wrong4 ,i cannot deny1--would to ,god that ,i could1--that we still have vices and vicious men amongst us4 ,there are those there1 as elsewhere1 who1 if they were to hear for the first time of the ,river of ,life flowing fast by the throne of ,god1 would instinctively ask whether there were any good mill sites on it4 ,there are those there1 as elsewhere1 whose highest aspirations for heaven and for happiness1 whether for this life or for another1 are a distillery and a sugar-house1 with steam machinery to mix the products4 ,there1 as elsewhere1 there are religionists who are quick to imitate the ,savior when he strikes1 but despise his example when he heals4 ,but1 sir1 let me say this for ,massachusetts1 that whatever sins she may have committed in former times1--whatever dissenters she may have persecuted1 or witches she may have hanged1 or ,africans she may have stolen and sold1--she has long since abandoned these offences1 and is bringing forth fruits meet for repentance4 ,and is a state to have no benefit from a statute of limitations8 ,is a crime committed by ancestors to be forever imputed to their posterity8 ,this is worse than non-forgiveness2 it is making punishment hereditary4 ,sir1 of these offences1 ,massachusetts has repented and reformed2 and she is giving that noblest of atonements or expiations1 which consists in repairing the wrong that has been done2 and where the victim of the wrong has himself passed away1 and is beyond relief1 then in paying1 with large interest1 the debt to humanity which the special creditor is no longer present to receive1 by seeking out the objects of want and suffering wherever they may be found4 ,sir1 our accusers unconsciously do us the highest honor1 when1 in their zeal to malign us1 they seek for historical reproaches4 ,if they could find present offences wherewith to upbraid us1 they would not exhume the past4 ,but they condemn themselves1 for they show that even the resuscitation of the errors of the dead gives them more pleasure than a contemplation of the virtues of the living4 ,one thing is certain3 the moment the other states shall imitate our present example1 they will cease to condemn us for our past offences4 ,the sympathy of a common desire for improvement will destroy the pleasure of crimination4 ,and where1 ,i ask1 on the surface of the earth1 is there a population of only eight hundred thousand1 who are striving so earnestly1 and doing so much1 to advance the cause of humanity and civilization1 as is doing by the people of ,massachusetts8 ,where else1 where universal suffrage is allowed1 is a million of dollars voted every year1 by the very men who have to pay it1 for the public1 free education of every child in the state8 ,where else1 by such a limited population1 is another million of dollars voluntarily voted and paid each year for the salaries of clergymen alone8 ,where else1 where the population is so small1 and natural resources so few and scanty1 is still another million of dollars annually given in charity8--the greater portion of which is sent beyond their own borders1 flows into every state in the ,union1 and leaves not a nation on the globe1 nor an island in the sea1 unwatered by its fertilizing streams4 ,look into the statute book of ,massachusetts1 for the last twenty years1 and you will see how the whole current of her legislation has set in the direction of human improvement1--for succoring disease or restoration from it1 for supplying the privations of nature1 for reclaiming the vicious1 for elevating all1--a comprehensiveness of scope that takes in every human being1 and an energy of action that follows every individual with a blessing to his home4 ,when others will abandon their offences1 then let the remembrance of them be blotted out4 ,but1 sir1 ,i think it proper to advert to the fact that ,i have had other proofs1 during the present session of ,congress1 of the same spirit of crimination and obloquy which was so fully developed in the speeches of the gentleman from ,pennsylvania1 ,mr4 ,,brown1 and the gentleman from ,virginia1 ,mr4 ,,bedinger4 ,through the post-office of the ,house of ,representatives1 ,i have been in the regular receipt of anonymous letters1 made up mainly of small slips cut from newspapers printed at the north1 describing some case of murder1 suicide1 robbery1 or other offence4 ,these have been arranged under the heads of different states1--,ohio1 ,pennsylvania1 ,new ,york1 ,connecticut1 c41 and accompanied1 in the margin1 with rude drawings of a school-book or a school house1 and all referred to ,common ,schools1 as to their source4 ,two only1 of the whole number thus collected1 originated in ,massachusetts1 and one of these was a case of suicide committed by a man who had become insane from the loss of his wife4 ,which of these events1 in the opinion of my anonymous correspondent1 constituted the crime1--whether the bereavement that caused the insanity1 or the suicide committed in one of its paroxysms1--,i am unable to say4 ,now1 what satisfaction even a bad man could have in referring offences against law and morality to the institution of public schools1 when he must have known that the very existence of the offences only proves that education has not yet done its perfect work1 ,i cannot conceive4 ,and what spite1 either against an educational office which ,i once held1 or against an institution which is worthy of all honor1 could be so mean and paltry as to derive gratification from referring me to long lists of offences1 only one of which was committed in my native state1 ,i must leave for others to conjecture4 ,surely the author of these letters must have known little of ,common ,schools1 and profited by them as little as he has known4 ,had he referred to any considerable number of crimes perpetrated in ,massachusetts1 ,i would take his letters home and carry them into our public schools1 and make them the text for a sermon1 in which ,i would warn the children to beware of all crimes1 and especially of the meanness and the wickedness which feels a complacency in the crimes of others1 or can give a false paternity to them4 ,and1 sir1 ,i should be sure of a response2 for out of those schools there is going forth a nobler band of young men and women than ever before conferred intelligence1 virtue1 refinement1 and renown upon any people or community on the face of the globe4 ,but whatever may be said in mitigation or in condemnation of slavery elsewhere1 there are special reasons why it should be discontinued in this ,district4 ,this ,district is the common property of the nation4 ,having power of exclusive legislation over it1 we are all responsible for the institutions in it4 ,while slaves exist in it1 therefore1 it can be charged upon the north that they uphold slavery4 ,this is unjust to us1 because it places us before the world in the attitude of sustaining what we condemn4 ,it wounds our moral and religious sensibilities1 because we believe the institution to be cruel towards men1 and sinful in the sight of ,heaven2 and yet we are made apparently to sanction it4 ,it is like that species of injustice where a man is compelled by a tax to support a religion which he disbelieves1 and to pay a hierarchy whom his conscience compels him to denounce4 ,but the existence of slavery here is not necessary to the faith or the practice of our southern brethren4 ,if they believe it to be a useful and justifiable institution1 then they evince the sincerity of that belief by sustaining and perpetuating it at home4 ,for this purpose1 there is no necessity of a crusade to propagate it1 or sustain it elsewhere4 ,look at the relation which we bear to it1 in another respect4 ,i have been taught from my earliest childhood that 8all men are created equal40 ,this has become in me not merely a conviction of the understanding1 but a sentiment of the heart4 ,this maxim is my principle of action1 whenever ,i am called upon to act2 and it rises spontaneously to my contemplations when ,i speculate upon human duty4 ,it is the plainest corollary from the doctrine of the natural equality of man1 that when ,i see a man1 or a class of men1 who are not equal to myself in opportunities1 in gifts1 in means of improvement1 or in motives and incitements to an elevated character and an exemplary life1--,i say1 it is the plainest corollary that ,i should desire to elevate those men to an equality with myself4 ,however far my own life may fall below the standard of ,christianity and gentlemanliness1 yet ,i hold it to be clear1 that no man is a ,christian or a gentleman1 who does not carry about an habitual frame of mind which prompts him1 as far as he has the means to do it1 to instruct all the ignorance1 to relieve all the privations1 to minister to all the pains1 and to supply all the deficiencies of those with whom he meets in the daily walks of life2 and1 so far as he is a man who wields influence1 possesses authority1 or exercises legislative power1 he is bound to exert his gifts and his prerogatives for the amelioration and the improvement of his fellow-men4 ,this is the lowest standard of duty that any one who aspires to be a ,christian or a gentleman can set up for his guidance4 ,now take the case of a man from the north1 who has incorporated these views1 or any similitude of these views1 into his character1 and who has occasion to visit this ,district4 ,suppose him to be elected and sent here as a member of ,congress1 or to be appointed to a post in some of the departments1 or to visit this city on public business1 or to come here from motives of curiosity2 what is the sight which is inflicted upon him when he first sets his foot within this common property of the nation1--when he first enters this household1 where the head of the nation resides and directs8 ,sir1 when he first alights from the cars that bring him within your limits and your jurisdiction1 he beholds a degraded caste1--a race of men whom ,god endowed with the faculties of intelligence1 but whom man has despoiled of the power of improving those faculties1 squalid in their garb1 betraying ignorance in every word they utter1 uncultivated in their manners and their tastes1 fawning for a favor1 instead of standing erect like men who are conscious of rights2 or1 if they have outgrown servile and sycophantic habits1 then erring on the side of impudence and insolence as much as they erred before on that of cringing and servility4 ,he repairs to his lodgings1 and there1 too1 all his moral sensibilities are shocked and outraged1 by seeing a class of men and women hopelessly degraded1 cut off by law and custom from all opportunity of emerging from their debasement2 whom no talent1 taste1 or virtue can ever redeem to the pleasures and the rights of social intercourse4 ,he sees men and women who are not degraded on account of the services they perform1--for 8honor and shame from no condition rise10--but degraded by the motive and spirit from which the services are performed2 men and women who have no inducements to industry and frugality1 for their earnings will all be seized by another2 who have no incentives to self-respect1 for they can never emerge from their menial condition2 who are bereaved of all the wonders and glories of knowledge1 lest under its expansions their natures should burst the thraldom that enslaves them2 and all whose manly qualities1 all whose higher faculties1 therefore1 are irredeemably and hopelessly crushed1 extinguished1 obliterated1 so that nothing but the animal1 which the master can use for his selfish purposes1 remains4 ,mr4 ,,brodhead1 of ,pennsylvania4 ,would you advance the slaves to an equal social and political condition with the white race8 ,mr4 ,,mann4 ,i would give to every human being the best opportunity ,i could to develop and cultivate the faculties which ,god has bestowed upon him1 and which1 therefore1 he holds under a divine charter4 ,i would take from his neck the heel that has trodden him down2 ,i would dispel from his mind the cloud that has shrouded him in moral night2 ,i would remove the obstructions that have forbidden his soul to aspire2 and having done this1 ,i would leave him1 as ,i would leave every other man1 to find his level1--to occupy the position to which he should be entitled by his intelligence and his virtues4 ,i entertain no fears on the much dreaded subject of amalgamation4 ,legal amalgamation between the races will never take place1 unless1 in the changed condition of society1 reasons shall exist to warrant and sanction it2 and1 in that case1 it will carry its own justification with it4 ,but one thing ,i could never understand1--why those who are so horror-stricken at the idea of theoretic amalgamation1 should exhibit to the world1 in all their cities1 on all their plantations1 and in all their households1 such numberless proofs of practical amalgamation4 ,i never could see why those who arraign and condemn us at the north so vehemently1 because1 as they say1 we obtrude our prying eyes into what they call a 8domestic0 or 8fireside0 institution1 should have no hesitation in exhibiting to the world1 through all their borders1 ten thousand1 and ten times ten thousand1 living witnesses1 that they make it a bedside institution4 ,multitudes of the slaves of the south bear about upon their persons a brand as indelible as that of ,cain2 but the mark has been fastened upon them1 not for their own crimes1 but for the crimes of their fathers4 ,in the complexion of the slave1 we read the horrid history of the guilt of the enslavers4 ,they demonstrate that the one race has been to the other1 not the object of benevolence1 but the victim of licentiousness4 ,but to resume4 ,when the visitor to this city from the north leaves his lodgings1 and goes into the public streets1 half the people whom he meets there are of the same degraded class4 ,their tattered dress and unseemly manners denote congenital debasement4 ,their language proclaims their ignorance4 ,if you have occasion to send them on an errand1 they cannot read the direction of a note1 or a sign on a shopboard4 ,their ideas are limited within the narrowest range4 ,they speak the natural language of servility1 and they wear the livery of an inferior condition4 ,the conviction of their deplorable state is perpetually forced upon the mind4 ,you do not need their color to remind you of their degradation4 ,color1 sir6 ,they are oftentimes almost as white as ourselves4 ,sir1 there is not a member of ,congress who has not frequently seen some of his fellow-members1 in the spring of the year1 with a jaundiced skin more sallow and more yellow than that of many a slave who is bought and sold and owned in this city4 ,i have seen members of this ,house to whom ,i have been disposed to give a friendly caution to keep their 8free papers0 about their persons1 lest suddenly1 on the presumption from color1 they should be seized and sold for runaway slaves4 ,a yellow complexion here is so common a badge of slavery1 that one whose skin is colored by disease is by no means out of danger4 ,to enjoy security1 a man must do more than take care of his life2 he must take care of his health4 ,it is not enough to take heed to the meditations of his heart2 he must see also to the secretions of his liver4 ,but1 sir1 the stranger from the north visits the courts of justice in this city2 he goes into halls set apart and consecrated1 even in the dark and half-heathenish periods of ,english history1 to the investigation of truth and the administration of justice2 but if he sees any specimens of the colored race there1 he sees them only as menials4 ,they cannot go there as witnesses4 ,however atrocious the wrongs they may suffer in their own person and character1 or in the person and character of wife or children1 they cannot appeal to the courts to avenge or redress them4 ,if introduced there at all1 it is as a bale of goods is introduced1 or as an ox or a horse is brought within their purlieus1 for the purpose of trying some disputed question of identity or ownership4 ,they go not as suitors1 but as sacrifices4 ,in the courts of law2 in the temples with which all our ideas of justice1 of right between man and man1 are associated2 where truth goes to be vindicated1 where innocence flies to be avenged1--in these courts1 an entire portion of the human race are known1 not as men1 but as chattels1 as cattle4 ,where1 for them1 is the ,magna ,charta that the old barons wrested from ,king ,john8 ,is a whole race to be forever doomed to this outlawry8 ,are they forever to wear a 8wolf's head10 which every white man may cut off when he pleases8 ,sir1 it cannot be that this state of things will last forever4 ,if all the rights of the black race are thus withheld from them1 it is just as certain as the progress of time that they1 too1 will have their ,runnymede1 their ,declaration of ,independence1 their ,bunker ,hill1 and their ,yorktown4 ,such1 sir1 are the sights that molest us when we come here from the north1--that molest us in the hotels1 that molest us in the streets1 that molest us in the courts1 that molest us every where4 ,but the week passes away1 and the ,sabbath comes1--the day of rest from worldly toils1 the day set apart for social worship1 when men come together1 and1 by their mutual presence and assistance1 lift up the hearts of each other in gratitude to ,god4 ,but where now are the colored population1 that seemed to be so numerous every where else8 ,have they no ,god8 ,have they no interest in the ,savior's example and precepts8 ,have they no need of consolation1 of faith in the ,unseen1 to help them bear up under the burdens and anxieties of life8 ,is their futurity so uncertain or so worthless that they need no guide to a better country1 or that they can be turned off with a guide as ignorant and blind as themselves8 ,we go from the courts and the churches to the schools4 ,but no child in whose skin there is a shadow of a shade of ,african complexion is to be found there4 ,the channels are so cut that all the sacred and healing waters of knowledge flow1 not to him1 but by him4 ,sir1 of all the remorseless and wanton cruelties ever committed in this world of wickedness and woe1 ,i hold that to be the most remorseless and wanton which shuts out from all the means of instruction a being whom ,god has endued with the capacities of knowledge1 and inspired with the divine desire to know4 ,strike blossom and beauty from the vernal season of the year1 and leave it sombre and cheerless2 annihilate the harmonies with which the birds of spring make vocal the field and the forest1 and let exulting ,nature become silent and desolate2 dry up even those fountains of joy and gladsomeness that flow unbidden from the heart of childhood1 and let the radiant countenance of youth become dull and stony like that of age2--do all this1 if you will1 but withhold your profane hand from those creative sources of knowledge which shall give ever-renewing and ever-increasing delight through all the cycles of immortality1 and which have the power to assimilate the finite creature more and more nearly to the infinite ,creator4 ,sir1 he who denies to children the acquisition of knowledge works devilish miracles4 ,if a man destroys my power of hearing1 it is precisely the same to me as though1 leaving my faculty of hearing untouched1 he had annihilated all the melodies and harmonies of the universe4 ,if a man obliterates my power of vision1 it is precisely the same to me as though he had blotted out the light of the sun1 and flung a pall of darkness over all the beauties of the earth and the glories of the firmament4 ,so1 if a usurper of human rights takes away from a child the faculties of knowledge1 or the means and opportunities to know1 it is precisely the same to that child as though all the beauties and the wonders1 all the magnificence and the glory1 of the universe itself had been destroyed4 ,to one who is permitted to know nothing of the charms and sublimities of science1 all science is non-existent4 ,to one who is permitted to know nothing of the historical past1 all the past generations of men are a nonentity4 ,to one whose mind is not made capacious of the future1 and opened to receive it1 all the great interests of futurity have less of reality than a dream4 ,i say1 therefore1 in strict1 literal1 philosophical truth1 that whoever denies knowledge to children works devilish miracles4 ,just so far as he disables and incapacitates them from knowing1 he annihilates the objects of knowledge2 he obliterates history2 he destroys the countless materials in the natural world that might1 through the medium of the useful arts1 be converted into human comforts and blessings2 he suspends the sublime order and progression of ,nature1 and blots out those wonderful relations of cause and effect that belong to her unchangeable laws4 ,nay1 there is a sense in which such an impious destroyer of knowledge may be said to annihilate the attributes of the ,creator himself1 for he does annihilate the capacity of forming a conception of that ,creator1 and thus prevents a soul that was created in the image of ,god from ever receiving the image it was created to reflect4 ,such a destroyer of knowledge dims the highest moral splendor of the universe4 ,god is more to me than a grand and solitary ,being1 though refulgent with infinite perfections4 ,contemplated as enthroned in the midst of his works1 his spiritual offspring in all the grand circuit of the worlds he has formed become a multiplying glass1 reflecting back the ,original in the profusion and countlessness of infinity4 ,but when the wickedness of man cuts off entire generations and whole races from the capacity of reflecting back this radiant image of the ,creator1 then all that part of the universe where they dwell becomes black and revolting1 and all that portion of the ,mirror of ,souls which was designed to reproduce and rekindle the glories of the ,eternal absorbs and quenches the rays which it should have caught and flamed with anew1 and multiplied and returned4 ,and still further1 sir1 ,i affirm1 in words as true and literal as any that belong to geometry1 that the man who withholds knowledge from a child not only works diabolical miracles for the destruction of good1 but for the creation of evil also4 ,he who shuts out truth1 by the same act opens the door to all the error that supplies its place4 ,ignorance breeds monsters to fill up all the vacuities of the soul that are unoccupied by the verities of knowledge4 ,he who dethrones the idea of law1 bids chaos welcome in its stead4 ,superstition is the mathematical complement of religious truth2 and just so much less as the life of a human being is reclaimed to good1 just so much more is it delivered over to evil4 ,the man or the institution1 therefore1 that withholds knowledge from a child1 or from a race of children1 exercises the awful power of changing the world in which they are to live1 just as much as though he should annihilate all that is most lovely and grand in this planet of ours1 or transport the victim of his cruelty to some dark and frigid zone of the universe1 where the sweets of knowledge are unknown1 and the terrors of ignorance hold their undisputed and remorseless reign4 ,sir1 the laws recorded in the statute books of the free states1 providing the means of education1 and wooing the children to receive the blessedness of true knowledge1 are worthy to be inscribed as emblems and hieroglyphics upon the golden gates of heaven2 but those laws which deform the statute books of the slave states of this ,union1 making it a penal offence to educate human beings1 and dooming immortal souls to perpetual ignorance1 would make the most appropriate adornment wherewith to embellish with inscription and bas-relief the pillars of the council hall of ,pandemonium4 ,sir1 if there is any thing for which ,i would go back to childhood1 and live this weary life over again1 it is for the burning1 exalting1 transporting thrill and ecstasy with which the young faculties hold their earliest communion with knowledge4 ,when the panting and thirsting soul first drinks the delicious waters of truth2 when the moral and intellectual tastes and desires first seize the fragrant fruits that flourish in the garden of knowledge2 then does the child catch a glimpse and foretaste of heaven4 ,he regales himself upon the nectar and ambrosia of the gods4 ,late in life1 this zest is rarely if ever felt so keenly as at the beginning4 ,such ought not to be the fact2 but our bodies are so systematically abused by transgressions of the laws of health and diet1 that the sympathizing soul loses the keenness of its early relish4 ,even then1 however1 age has its compensations4 ,the old may experience the delights of learning1 anew1 in the reflex pleasure of seeing children learn4 ,but these lofty and enduring satisfactions1--this pleasure1--it is no extravagance to say1 this bliss of knowledge1 both for parent and child1 is withheld1 cruelly1 remorselessly withheld1 from the slave4 ,we know all this2 we see its imbruting consequences2 and we are compelled to see them1 because the government will uphold slavery here4 ,such1 sir1 is the spectacle which is presented to all northern men1 whenever for duty1 for business1 or for pleasure1 they visit this metropolis4 ,wherever we go1 wherever we are1 the odious1 abhorred concomitants of this institution are forced upon our observation1 and become a perpetual bitterness in the cup of life4 ,the whole system1 with all its adjuncts1 is irreconcilably repugnant to our ideas of justice4 ,we believe it to be a denial of the rights of man2 we believe it to be contrary to the law of ,god4 ,whether these feelings wear away by the lapse of time1 and the indurating power of custom1 ,i know not2 but1 for one1 ,i hope never to become hardened and callous to the sight2 for it is a case where ,i could experience no mitigation of my pains1 without a corresponding debasement of my nature4 ,now1 in all sincerity1 and in all kindness1 ,i ask our southern brethren what there is to them so valuable and desirable in retaining slavery here1 as to be a compensation for all the pain and evil which its existence inflicts upon the north8 ,surely its abandonment here would be a small thing to them1 while its continuance is a great thing to us4 ,it is a great thing to us1 because we are held responsible for it by the whole civilized world4 ,this ,district is the common possession of the nation4 ,congress has power of exclusive legislation over it4 ,congress1 therefore1 is responsible for its institutions1 as a man is responsible for the condition of his house1 and the customs of his family4 ,the general government is not responsible for the local institutions of ,massachusetts or of ,mississippi4 ,each of them has supreme control over its own domestic concerns4 ,they may honorably discharge their debts or repudiate them2 they may build up institutions of charity1 of learning1 and of religion2 or they may suffer inhumanity and violence1 ignorance and paganism1 to prevail2 and we1 here1 cannot help it1 and therefore are not responsible for it4 ,but it is wholly otherwise with regard to the institutions that prevail in this ,district2 their honor1 or their infamy1 attaches to us4 ,we are judged by them the world round4 ,we of the ,northern ,states feel it at home2 we are made to feel it still more deeply abroad4 ,throughout every nation in ,europe1 it is the common language and the common sentiment1 that an institution which exists in one half of the states of this ,union is in flagrant contrast and contradiction to the theory of our government4 ,when we are reminded of this1--whether in a kindly and expostulatory manner by our friends1 or in an offensive and taunting one by our enemies1--we of the north can say1 at least1 that we are not responsible for it4 ,we can explain why we are no more amenable for the local laws of ,arkansas or ,missouri than we are for the ,catholic religion in ,mexico1 or for the revolutions in the ,south ,american republics4 ,this is our answer4 ,but they still retort upon us1 and say1 ,there is one spot for which you are responsible1--the ,district of ,columbia4 ,you could abolish slavery there if you would2 you do not2 and therefore the sin of its continuance is yours1 as much as if it existed in ,new ,york or ,massachusetts4 ,now ,i ask southern gentlemen how it is consistent with magnanimity and honor1 with a fraternal feeling towards the north1 for them to force the odium of this inconsistency upon us8 ,surely they gain no credit1 no character by it2 we lose both credit and character4 ,the existence of slavery here is no benefit to them2 it is of unspeakable injury to us4 ,they would lose nothing by surrendering it2 we suffer every thing by its continuance4 ,a change would work them no injury2 it would be invaluable to us4 ,i ask them1 on principles of common fairness and good neighborhood1 that they should courteously and voluntarily yield us this point1 which would allay so much bitterness and heart-burning at the north1 and which1 according to their view of the matter1 would fill the south with the sweet savor of a generous deed4 ,i know1 sir1 that some southern gentleman profess to see a principle in such a course that debars them from adopting it4 ,they say that if slavery in this ,district should be surrendered1 it would only be giving the adversary a vantage ground1 on which he could plant himself to attack slavery in the states4 ,i dissent from this view entirely4 ,has not the gentleman from ,ohio1 ,mr4 ,,giddings1 who is supposed to represent the extreme anti-slavery views which exist in this ,house1--has he not declared here1 a hundred times over1 that he disclaims all right1 that he renounces all legal authority and pretext1 under the constitution1 to lay the hands of this government1 for the purpose of freeing him1 on a single slave in the slave states8 ,but clearly the principle is different in regard to slaves in this ,district1 where we possess the power of 8exclusive legislation40 ,but if gentlemen at the south see a principle which debars them from surrendering slavery in this ,district1 we at the north see a principle which prompts us1 and will prompt us1 until the work is accomplished1 to renewed exertions4 ,on the same ground on which slavery in this ,district has been defended for the last fifty years1 it can be defended for the next fifty1 or the next five hundred years2 it can be defended forever4 ,this idea of perpetual slavery in the very household of a republic of freemen is not to be tolerated1 and cannot be tolerated4 ,but ,i will not dwell on this topic further4 ,i close this branch of my argument with a proposition which seems to me but fair and equitable4 ,the south has held this metropolis as a slave capital for fifty years4 ,let it now be held as a free capital for fifty years2 and if1 at the end of this period1 adequate reasons can be shown1 before any nation1 civilized or uncivilized1 upon the face of the earth1 for restoring it to slavery again1 ,i1 for one1 should have no fears of entering into an engagement upon such a condition1 that it should again become 8a land of ,egypt and a house of bondage40 99 99 99 99 99 ,notwithstanding ,i have dwelt so long upon the social and moral aspects of this subject1 ,i am still tempted not to forego that which was my principal object in rising1 namely1 to submit an argument on the question of the legality or constitutionality of slavery in this ,district4 ,i have bestowed much careful attention upon this subject1 with the sincerest desire of arriving at true1 legal1 and constitutional results4 ,i submit my views with deference1 because ,i know they are in conflict with the views of others1 for whose knowledge and abilities ,i have a profound respect4 ,the legality of slavery in the ,district of ,columbia has been assumed1 and practically acquiesced in1 for fifty years4 ,had the question of its validity been raised1 and argued on the principles of the constitution1 immediately after the creation of the ,district1 ,i believe this territory would have been declared free soil4 ,in my conscientious opinion1 slavery exists in this ,district only by original usurpation and subsequent acquiescence4 ,if so1 ,congress cannot be too speedily invoked to abdicate the power it has usurped4 #a4 ,the first position ,i take is this3 ,that slavery has no legal existence any where1 unless by force of positive law4 ,if any man claims authority over the body1 mind1 and soul of one of his fellow-men1 and claims this authority not only for the whole life of his victim1 but a like authority over all his descendants1 there is no part of the civilized world where he will not be required to show some positive law1 authorizing the power and the bondage4 ,if the claimant says1 8,i am stronger1 or ,i am wiser than he20 or1 8,i have an ,anglo-,saxon brain1 while he has only an ,african brain20 or1 8my skin is white1 and his skin is not white20 or1 8,i descended from ,shem1 and he from ,ham2 and1 therefore1 he is my slave10--there is not a court in ,christendom1 which1 though it may admit the fact1 will ratify the inference4 ,if the claimant affirms that it is morally right for him to seize his fellow-man and reduce him to slavery2 if he brings the ,bible into court as his law book1 and cites ,abraham and ,isaac1 and ,jacob and ,paul1 as his authorities2 still1 ,i say1 there is not a court in ,christendom that will not deny the validity of the title1 and rebuke the arrogance of the demand4#f ,positive law1 then1 is the only foundation of slavery4 ,the authorities are numerous1 if not numberless1 to establish this position4 ,i shall not encumber this argument by citing many of them4 ,the few which ,i shall cite will contain a reference to the rest4 ,the grand reason against slavery given by ,lord ,mansfield1 in ,somerset's case1 was1 8that it is so intrinsically wrong that it is incapable of being introduced into any country1 on any reasons moral or political1 and can only stand on positive law40 #bj ,state ,trials1 #a4 ,chief ,justice ,marshall says1 8,that it slavery is contrary to the law of nature1 will scarcely be denied4 ,that every man has a natural right to the fruits of his own labor1 is generally admitted2 and that no other person can rightfully deprive him of those fruits and appropriate them against his will1 seems to be the necessary result of this admission40 ,antelope1 #aj ,wheat41 #abj4 8,the first objection10 says ,mr4 ,justice ,best1 in the case of ,forbes and ,cochrane1 8which occurs to me1 in this case1 is that it does not appear1 in the special case1 that the right to slaves exists in ,east ,florida4 ,that right is not a general but a local right2 it ought1 therefore1 to have been shown that it existed in ,florida1 and that the defendants knew of its existence4 ,assuming1 however1 that those facts did appear1 still1 under the circumstances of this case1 this action could not be maintained4 8,the question is1 ,were these persons slaves at the time when ,sir ,g4 ,cockburn refused to do the act which he was desired to do8 ,i am decidedly of opinion that they were no longer slaves4 ,the moment they put their feet on board of a ,british man-of-war1 not lying within the waters of ,east ,florida1 7where undoubtedly the laws of that country would prevail17 those persons who had before been slaves were free4444 ,slavery is a local law1 and1 therefore1 if a man wishes to preserve his slaves1 let him attach them to him by affection1 or make fast the bars of their prison1 or rivet well their chains2 for the instant they get beyond the limits where slavery is recognized by the local law1 they have broken their chains1 they have escaped from their prison1 and are free40 #b ,barn4 ,cres4 #dff-g2 ,forbes vs4 ,cochrane1 ,s4 ,c41 #c ,dowl4 ,ryland1 #fgi4 8,i am of opinion10 says ,holroyd1 ,j41 in the same case1 8that according to the principles of the ,english law the right to slaves1 even in a country where such rights are recognized by law1 must be considered as founded1 not upon the law of nature1 but upon the particular law of that country40 8,the law of slavery is a law in invitum2 and when a party gets out of the territory where it prevails1 and out of the power of his master1 and gets under the protection of another power1 without any wrongful act done by the party giving that protection1 the right of the master1 which is founded on the municipal law of the particular place only1 does not continue1 and there is no right of action against a party who merely receives the slave in that country1 without doing any wrongful act40 ,the definition of slavery given by the ,roman law implies that it is local3 ,servitus est constitutio juris gentium1 qua quis dominio alieno1 ,,contra ,,naturam1 subjicitur4 ,commonwealth vs4 ,aves1 #ah ,pick4 ,rep41 #aic2 ,lunsford vs4 ,coquillon1 #ad ,martin's ,rep4 #djb4 8,the relation of owner and slave is a creation of the municipal law40 ,rankin vs4 ,lydia1 #c ,marshall1 #dgj1 ,ky42 ,butler vs4 ,hopper1 #a ,wash4 ,c4 ,c4 ,rep4 #dii2 ,ex parte ,simmons1 #d ,wash4 ,c4 ,c4 #bif2 ,marie ,louise vs4 ,marot et al41 #i ,curry's ,louisiana ,rep4 #dgc4 ,this point may be presented in another light4 ,by the law of nature all men are free4 ,but in some governments the law of the state1 upheld by the power of the state1 overrides the law of nature1 and enslaves a portion of the people4 ,the law of nature recedes before this legalized violence2 but it recedes no farther than the legalized violence drives it back4 ,within the jurisdictional limits of such states1 then1 slavery is made legal1 though it is not made right4 ,but if a slave passes out of the jurisdiction where violence overpowers right1 into a jurisdiction where right is superior to violence1 he is then free2 not because there is any change in the man1 but because there is a change in the laws to which the man is subject4 ,there may1 however1 be some further positive law which1 though it does not authorize the buying or selling of a slave1 still does provide that an escaped or escaping slave may be recaptured and redelivered into bondage4 ,such is the third paragraph of the second section of the fourth article of the constitution of the ,united ,states4 ,such1 too1 is the act of ,congress of ,february #ab1 #agic1 providing for the recapture of fugitive slaves4 ,this1 however1 would not be without positive law4 ,the debates in all the conventions for adopting the constitution of the ,united ,states1 proceed upon the ground that slavery depends upon positive law for its existence4 ,if it did not1--if a man who has a legal right to a slave in ,virginia1 has a legal right to him anywhere1--then the provision in the constitution1 and the act of #agic for recapturing fugitive slaves1 would have been unnecessary4 ,on the south side of a boundary line1 then1 slavery may exist by force of positive law2 while1 on the north side1 in the absence of any such law1 slavery is unlawful4 ,a slave passing out of a jurisdiction where slavery is legalized1 into a jurisdiction where it is not1 becomes free4 ,it is as though a man should migrate from one of those ,south ,sea islands1 where cannibalism is legalized1 and where the public authorities1 according to the reports of travellers1 not only condemn and execute a criminal1 but dine on him1 after he is executed1--it is1 ,i say1 as though the subject of such a government should migrate into one where cannibalism is not lawful1 and where1 therefore1 though he should be condemned and executed for crime1 it would be no part of the sentence or the ceremony that he should be eaten by his judges4 ,he is out of cannibal jurisdiction4 ,the right of freedom is a natural right4 ,it is a positive existence4 ,it is a moral entity4 ,like the right to life1 it pertains1 by the law of nature and of ,god1 to every human being4 ,this moral right continues to exist until it is abolished4 ,some act abolishing this freedom1 then1 must be proved2 it must be proved affirmatively1 or else the fact of freedom remains4 ,this is the solid and indestructible ground of the maxim1 that slavery can exist only by positive law2 that it is a local institution2 that the right of freedom must first be abolished before slavery can exist4 #b4 ,my second position is this3 ,that a man's legal condition may be changed by a change in the government over him1 while he remains in the same place1 just as effectually as it can be changed by his removal to another place1 and putting himself under another government4 ,the inhabitants of the ,north ,american colonies did not change their place of residence when they passed from under the government of ,great ,britain1 and came under the government of the confederation4 ,the ,mexicans1 inhabiting the then states of ,california and ,new ,mexico1 did not change their place of residence1 when1 on the thirtieth day of ,may last1 they ceased to be citizens of the ,mexican republic1 and became citizens1 or quasi citizens of the ,united ,states4 ,their political relations were changed1 not by their removal from under the canopy of one government and placing themselves under the canopy of another government1 but by the withdrawal of one government from over them1 and by the extension to them of certain political rights and capacities under another government4 ,before this thirtieth day of ,may1 they could have committed treason against ,mexico1 but not after it4 ,before it1 they could not commit treason against the ,united ,states2 but when they shall be citizens of the ,union1 they can4 ,these vital changes in their relations are without any change in their residence4 ,within my recollection1 an old gentleman died in ,massachusetts1 who had lived in five different towns1 but still remained where he was born1 like one of the old oak trees on the homestead4 ,the part of the original town where he was born had been set off and incorporated into a new town2 and that part of the second town where he lived1 into a third2 and so on1 until he died in the fifth town without any change of domicile4 ,now1 this man lived under the jurisdiction and by-laws of five towns1 as they were successively incorporated over him1 just as much as though he had struck his tent five times1 and placed himself1 by successive migrations1 under five different municipal jurisdictions4 ,a similar thing must have happened to thousands of our fellow-citizens of the ,union4 ,some of them at first lived under a foreign government2 then under one territorial government2 then under another2 and at last have become citizens of a state1 without any change of domicile4 ,indeed1 it would seem that nothing can be clearer than the proposition1 whether regarded as a legal or a political one1 that the laws and the jurisdiction may be changed over a man who continues to reside in the same place1 just as effectually and as completely as a man may change the laws and jurisdiction over himself by removing to a different place4 ,in many cases1 the former works a more thorough change than the latter4 ,the laws of ,great ,britain do not acknowledge the right of self-expatriation2 while1 at the same time1 it is held1 that the inhabitants of a foreign province1 incorporated into the kingdom1 change their allegiance without changing their residence4 #c4 ,my third proposition is this3 ,that the jurisdiction under which the inhabitants of what is now the ,district of ,columbia lived1 prior to the cession of the ,district by ,maryland to the ,united ,states1 was utterly and totally changed1 at the moment of the cession1--at the moment when1 according to the provisions of the constitution1 they ceased to be citizens of the state of ,maryland1 and became citizens of the ,district of ,columbia4 ,by the #agth paragraph1 7,hickey's ,constitution17 of the #hth section of the #ast article1 it is provided that ,congress shall have power 8to exercise exclusive legislation in all cases whatsoever over such ,district1 7not exceeding ten miles square17 as may1 by cession of particular states1 and the acceptance of ,congress1 become the seat of the government of the ,united ,states40 ,congress1 then1 has the power of sole and exclusive legislation1 8in all cases whatsoever10 in regard to the ,district of ,columbia4 ,what is the meaning of the word 8exclusive0 in this connection8 ,it cannot mean absolute and uncontrolled2 for1 if it did1 it would make ,congress as sovereign as the ,russian autocrat4 ,it means that no other government1 no other body of men whatever1 shall have concurrent power of legislation over the ,district2 nor1 indeed1 any subordinate power1 except what may be derived from ,congress4 ,over every man who is a citizen of one of the ,united ,states1 there are two jurisdictions1--the jurisdiction of the general government1 and the jurisdiction of the state government4 ,there are two governments that have the power to legislate for him2 but there is only one power1--the ,congress of the ,united ,states1--that can legislate for a citizen of the ,district of ,columbia4 ,in ,kendall vs4 ,the ,united ,states1 #ab ,peters1 #ebd1 it is said1 8,there is in the ,district of ,columbia no division of powers between the general and state governments4 ,congress has the entire control over the ,district1 for every purpose of government40 ,so it has been held that a justice of the peace in the ,district of ,columbia is an officer of the government of the ,united ,states1 and is therefore exempt from militia duty4 ,wise vs4 ,withers1 #c ,cranch1 #cca2 #a ,cond4 ,rep4 #eeb4 ,a citizen of the ,district of ,columbia is not a citizen of any one of the ,united ,states4 ,hepburn et al4 vs4 ,ellery1 #b ,cranch1 #dde2 ,westcott's ,lessee vs4 ,inhabitants ----1 ,peters1 ,c4 ,c4 ,r4 #de4 ,up to the time of the cession1 the inhabitants of this ,district were under two jurisdictions--that of ,maryland and that of ,congress2 but after the cession1 under that of ,congress alone4 ,now1 when the inhabitants of this ,district passed out of the jurisdiction of ,maryland1 and came under the exclusive jurisdiction of ,congress1 let us see what was the effect of such change of jurisdiction upon them4 ,in the act of ,congress of #agij1 c4 #bh1 sect4 #a1 which was an act for establishing the seat of government of the ,united ,states1 there is the following clause3 8,provided1 nevertheless1 ,that the operation of the laws of the state of ,maryland within such ,district shall not be affected by this acceptance1 until the time fixed for the removal of the government thereto1 and until ,congress shall otherwise by law provide40 ,here1 then1 ,congress expressly provided and contracted with the state of ,maryland1 that the laws of ,maryland in this ,district should not be interfered with until the removal of the seat of government to this place2 and ,congress likewise impliedly provided and contracted1 that when the seat of government should be removed to this place1 it would discharge the duty imposed upon it by the constitution of the ,united ,states1 and would assume and exercise the 8exclusive legislation0 provided for in that instrument4 ,this act of ,congress was approved on the #afth of ,july1 #agij4 ,by the ,maryland laws of #agia1 c4 #de1 sect4 #b1 that state ceded to the ,united ,states the territory which now constitutes the ,district of ,columbia1 and the words of the cession are these3 8,in full and absolute right1 as well of soil as of person1 residing or to reside thereon10 c4 444 provided that the jurisdiction of the laws of ,maryland 8shall not cease or determine until ,congress shall by law provide for the government thereof40 ,the state of the case1 then1 was simply this3 #a4 ,the constitution gave ,congress power of 8exclusive legislation0 over such district as might be ceded for the seat of government4 #b4 ,congress1 by the act of #agij1 above referred to1 proposed to the state of ,maryland to accept a portion of her territory for this purpose1 but engaged not to interfere with her laws until after it had taken actual possession of the ceded territory4 #c4 ,maryland accepted the proposition1 rehearsing the condition in these words2 namely1 that 8the laws of ,maryland shall not cease or determine until ,congress shall by law provide for the government thereof40 ,by the #fth section of the act of #agij1 c4 #bh1 ,congress provided that it would remove to this ,district1 and make this the seat of government1 on the first ,monday of ,december1 #ahjj4 ,it did so2 and now its express duty under the constitution1 and its implied promise to the state of ,maryland1 were to be fulfilled1 by exercising 8exclusive legislation0 over this ,district4 ,in fulfilment of this duty and promise1 ,congress1 on the #bgth of ,february1 #ahja1 by the act of #ahja1 c4 #ae1 proceeded to legislate for the ,district of ,columbia2 and1 in the first section of that act1 it provided as follows3-- 8,be it enacted1 c41 ,that the laws of the state of ,virginia1 as they now exist1 shall be and continue in force in that part of the ,district of ,columbia which was ceded by the said state to the ,united ,states1 and by them accepted for the permanent seat of government2 and that the laws of the state of ,maryland1 as they now exist1 shall be and continue in force in that part of the said ,district which was ceded by that state to the ,united ,states1 and by them accepted1 as aforesaid40 ,by this act1 then1 ,congress assumed to exercise1 and did exercise1 that exclusive legislation over the ,district of ,columbia which had been provided for by the constitution4 ,that portion of the ,district which was ceded to ,congress by ,virginia1 having been receded to that state by the act of ,congress of ,july #i1 #ahdf1 7stat4 #ahdf1 c4 #ce17 all that relates to it may1 for the purposes of this argument1 be laid out of the question4 ,on the #bgth day of ,february1 #ahja1 then1 the laws of ,maryland1 as such1 were abrogated in this ,district4 ,the legislative power of ,congress was de facto exclusive4 ,all legislative power previously possessed by ,maryland over it1 then ceased4 ,the connection of ,maryland with this ,district1 as a part of its former territory1 and occupied by its former citizens1 was dissolved4 ,it had no longer any more legislative power over the ,district than ,maine or ,georgia had4 ,historically1 we may talk about the laws of ,maryland1 as they once existed here2 but practically1 and as a matter of strict law and fact1 her laws were no longer known within the ,district4 ,the laws which governed the people of this ,district after the #bgth day of ,february1 #ahja1 were the laws of ,congress1 and not the laws of ,maryland4 ,to show that this part of the ,district passed out from under the government of ,maryland1 and came under the government of the ,united ,states1 ,i refer to ,reilly1 appellant1 vs4 ,lamar et al41 #b ,cranch1 #cdd2 #a ,cond4 ,rep4 #cbb1 where it is said1 8,by the separation of the ,district of ,columbia from the ,state of ,maryland1 the residents in that part of ,maryland which became a part of the ,district1 ceased to be citizens of the state40 ,it was held1 in that case1 that a citizen of the ,district of ,columbia could not be discharged by the insolvent law of ,maryland4 ,a citizen of the ,district of ,columbia cannot maintain an action in the circuit court of the ,united ,states out of the ,district1 he not being a citizen of the state within the meaning of the provision of the law of the ,united ,states regulating the jurisdiction of the courts of the ,united ,states4 ,hepburn et al4 vs4 ,ellzey1 #b ,cranch1 #dde2 #a ,cond4 ,rep4 #ddd4 ,see also ,loughborough vs4 ,blake1 #e ,wheat4 #cag1 and ,levy ,court of ,washington vs4 ,ringgold1 #e ,peters1 #dea4 #d4 ,the next point of inquiry is1 ,what is the legal force and effect1 upon the subject of slavery1 of the act of ,congress of #ahja1 before cited8 ,its words are1 8,that the laws of the state of ,maryland1 as they now exist1 shall be continued in force in that part of said ,district which was ceded by that state to the ,united ,states10 c4 ,and here1 ,i acknowledge that the operation of this clause is precisely the same as though ,congress had transcribed all the ,maryland laws1 word for word1 and letter for letter1 into its own statute book1 with the clause prefixed1 8,be it enacted by the ,senate and ,house of ,representatives of the ,united ,states of ,america in ,congress assembled10 and the ,president of the ,united ,states had affixed his signature thereto4 ,i acknowledge further1 that the laws of ,maryland had legalized slavery within the state of ,maryland1 and had defined what classes of persons might be held as slaves therein4 ,but it by no means follows1 because ,congress proposed to renact1 in terms1 for this ,district1 all the laws of ,maryland1 that1 therefore1 it did renact them4 ,it does not follow1 that because two legislatures use the same words1 that the words must necessarily have the same effect4 ,it makes all the difference in the world1 whether words are used by one possessed of power1 or by one devoid of power4 ,congress might pass a law in precisely the same words as those used by the ,parliament of ,great ,britain1 and yet the law of ,congress be invalid and inoperative1 while the act of ,parliament would be valid and binding4 ,we have a written constitution2 ,great ,britain has no written constitution4 ,the ,british ,parliament1 on many subjects1 has an ampler jurisdiction than the ,american ,congress4 ,the law of ,congress might be unconstitutional and void1 while that of the ,british ,parliament1 framed in precisely the same language1 might be constitutional and binding4 ,so the law of ,maryland might be valid under the constitution of ,maryland1 and1 therefore1 binding upon the citizens of ,maryland2 while the law of ,congress1 though framed in precisely the same words1 would be repugnant to the constitution of the ,united ,states1 and therefore have no validity4 ,now this is precisely the case before us4 ,congress1 in attempting to renact the ,maryland laws1 to uphold slavery in this ,district1 transcended the limits of its constitutional power4 ,it acted unconstitutionally4 ,it acted in plain contravention of some of the plainest and most obvious principles consecrated by the constitution4 ,if so1 no one will dispute that its act is void4 ,i do not deny1 then1 that ,congress used words of sufficient amplitude to cover slavery2 but what ,i deny is1 that it had any power to give legal force to those words4 #e4 ,my next proposition1 therefore1 is this3 ,that as ,congress can do nothing excepting what it is empowered to do by the constitution1 and as the constitution does not empower it to establish slavery here1 it cannot establish slavery here1 nor continue it4 ,where is there any express power given to ,congress by the constitution to establish slavery8 ,where is the article1 section1 or clause8 ,i demand to have the title shown4 ,thousands of human beings are not to be robbed of all their dearest rights1 and they and their children1 forever1 by strained constitutions1 or apocryphal authority1 doomed to bondage4 ,will those who say that ,congress cannot establish a banking institution by construction1 nor aid internal improvements1 nor enact a tariff1--will they say that ,congress can make a man a slave1 and all his posterity slaves1 by construction8 ,nor can any power to establish slavery be deduced from the #ahth clause of the #hth section of the #ast article of the constitution1 which gives ,congress power 8to make all laws which shall be necessary and proper for carrying into execution0 the powers that are granted4 ,what power is granted to ,congress1 for the exercise of which the establishment of slavery in this ,district is a necessary means or a preliminary8 ,congress has power to lay and collect taxes2 to borrow money2 to regulate commerce2 to establish uniform rules of naturalization2 to coin money2 to punish counterfeiters2 to establish post offices and post roads2 to promote the progress of science and the arts2 to establish courts2 to define and punish piracies on the high seas2 to declare war2 to raise and support armies2 to provide and maintain a navy2 to organize and maintain a militia2 and so forth1 and so forth4 ,but to what one of all these powers is the power to establish slavery in the ,district of ,columbia a necessary incident8 ,if slavery in the ,district of ,columbia were to cease to-day1 could not the government continue to exercise every function which it has heretofore exercised8 ,if so1 then the existence of slavery in this ,district is not 8necessary0 to the exercise of any of the expressly granted powers4 ,i call upon any gentleman to name any one power of this government which cannot be exercised1 which must necessarily cease1 if slavery should cease to be1 in this ,district of ,columbia8 8,i pause for a reply40 ,well1 then1 if a power to establish slavery in this ,district is not among the granted powers1 and if it is not necessary for the exercise of any one of the granted powers1 then it is--no where2--it does not exist at all4 ,no power of ,congress1 then1 exists1 either for the creation or for the continuance of slavery in this ,district2 and all the legislation of ,congress upon this subject is beyond or against the constitution4 ,let me illustrate this in another way4 ,suppose there had been a religious establishment in ,maryland at the time of the cession2 suppose1 under the auspices of ,lord ,baltimore1 the ,catholic religion had been established as the religion of the state2 and that1 in order to punish heresy and secure conformity to the religion of the state1 an inquisition had been founded1 and that the seat of that inquisition had been within the limits of the ,district of ,columbia1 at the time of the cession2 could ,congress1 in the absence of all express or implied authority on the subject of establishing a state religion1 have upheld the ,catholic religion here1 and appointed the officers of the inquisition to administer it8 ,the idea is abhorrent to the whole spirit of the constitution4 ,but ,congress had as much power to establish a national religion here1 in the absence of all express or implied authority to do so1 as to establish slavery here4 ,congress1 then1 does not and cannot legalize slavery in this ,district4 ,it found slavery in existence in the states2 and it does not abolish it1 or interfere with it1 because it has no power of 8exclusive legislation0 in them4 ,but ,congress has as much right to go into any state and abolish slavery there1 as any state1 even ,virginia or ,maryland1 has to come into this ,district with its laws and establish slavery here4 ,i suppose that no jurist will contend that ,congress could have passed the act of #agic1 for the recapture of fugitive slaves1 had it not been for the third clause in the second section of the fourth article of the constitution1 which provides for the redelivery of a fugitive slave1 on the claim of his master4 ,by this article in the constitution1 the case of fugitive slaves only is provided for4 ,if a master voluntarily carries his slave into a free state1 and the slave departs from his possession1 he cannot reclaim him4 ,why not8 ,why cannot ,congress pass a law1 that if a man takes a dozen slaves to ,boston1 and they there see fit to strike for wages1 and to leave his possession because their terms are not complied with1--why is it1 ,i ask1 that ,congress cannot pass a law authorizing their seizure and delivery into the master's hands8 ,the reason is1 that the constitution has conferred upon ,congress no such express power1 nor is any such power implied as being necessary to the exercise of any power that is expressed4 ,and if ,congress cannot so much as restore a slave to a master1 who has voluntarily carried him into a free state1 how can it continue slavery in this ,district1 after ,maryland has ceded it to this government1 whose fundamental1 organic law gives it no power to create or continue slavery here8 ,suppose ,maryland had ceded her share of the ,district to ,massachusetts1 would not every slave in it have been instantaneously free by the constitution of ,massachusetts8 ,they would have been transferred to a free jurisdiction1--just as much as an individual owner of a slave transfers him to a free jurisdiction1 when he voluntarily takes him to the north4 ,the legal existence of slavery was annulled in this ,district when ,congress exercised its 8exclusive0 power over it1 just as much as the debtor's right to be discharged under the ,maryland bankrupt law was annulled4 ,but ,i go further than this2 and ,i say that the constitution not only does not empower ,congress to establish or continue slavery in this ,district1 but again and again1 by the strongest implications possible1 it prohibits the exercise of such a power4 ,in regard to this whole matter of slavery1 the constitution touches the subject with an averted face4 ,the abhorred word 8slave0 is nowhere mentioned in it4 ,the constitution is ashamed to utter such a name4 ,the country1 coming fresh from that baptism of fire1--the ,american ,revolution1--would not profane its lips with this unhallowed word4 ,hence1 circumlocution is resorted to4 ,it seeks to escape a guilty confession4 ,like a culprit1 in whom some love of character still survives1 it speaks of its offence without calling it by name4 ,it uses the reputable and honorable word 8persons10 instead of the accursed word 8slaves40 ,as the ,tyrian queen1 about to perpetrate a deed which would consign her character to infamy1 called it by the sacred name of 8marriage10 and committed it1-- 8,hoc prtexit nomine culpam20 so the constitution1 about to recognize the most guilty and cruel of all relations between man and man1 sought to avert its eyes from the act1 and to pacify the remonstrances of conscience against every participation in the crime1 by hiding the deed under a reputable word4 ,but let us look to the prohibitions of the constitution2 for ,i maintain that there is not only no power1 express or implied1 in the constitution authorizing ,congress to create or continue slavery in this ,district1 but that it is debarred and prohibited from doing so1 again and again4 ,i suppose no one will deny that the positive prohibitions1 against the exercise of certain enumerated powers1 apply to ,congress1 when legislating for this ,district1 just as much as when legislating for the union at large4 ,this doctrine has recently been strongly asserted by ,mr4 ,calhoun in the ,senate of the ,united ,states2 and1 as ,i would gladly produce conviction in southern minds1 ,i make use of this southern authority4 ,he affirms that ,congress1 in legislating for the territories1 8is subject to many and important restrictions and conditions1 of which some are expressed and others implied4 ,among the former may be classed all the general and absolute prohibitions of the constitution2 that is1 all those which prohibit the exercise of certain powers under any circumstances4 ,in this class is included the prohibition of granting titles of nobility2 passing ex post facto laws and bills of attainder2 the suspension of the writ of habeas corpus1 except in certain cases2 making laws respecting the establishment of religion1 or its free exercise1 and every other of like description40 ,will any man say that ,congress can pass an ex post facto law for this ,district1 and defend itself by referring to its power of 8exclusive legislation0 over it8 ,can ,congress pass a bill of attainder corrupting the blood of an inhabitant of this ,district1 or repeal or suspend at any time his right to a writ of habeas corpus1 or establish a religion here1 or interdict the free exercise thereof8 ,no jurist1 no statesman1 will pretend it4 ,but there is another prohibition in the constitution every whit as full and explicit as any of these4 ,the fifth article of amendment declares that 8no person shall be deprived of life1 liberty1 or property1 without due process of law40 ,here the constitution uses the word 8person10--the most comprehensive word it could find4 8,no ,,person shall be deprived of life1 liberty1 or property1 without due process of law40 ,now1 what does this word 8person0 mean8 ,or who1 under the constitution1 is such a 8person0 as cannot be deprived of life1 liberty1 or property1 by virtue of an act of ,congress1 without due process of law8 ,let us take our definition of the word 8person0 from the constitution itself4 8,no person shall be a representative1 who shall not have attained the age of twenty-five years10 c41 7see #b;d clause of the #b;d section of the #ast article47 8,representatives and direct taxes shall be apportioned among the several states which may be included within this union1 according to their respective numbers1 which shall be determined by adding to the whole number of free persons1 including those bound to service for a term of years1 and excluding ,indians not taxed1 three fifths of all other persons40 7#c;d clause of the same section47 8,no person shall be a senator who shall not have attained the age of thirty years10 c4 7#ast art41 #c;d section1 #c;d clause47 8,no person shall be convicted of an impeachable offence1 by the ,senate without the concurrence of two thirds40 7#ast art41 #c;d section1 #fth clause47 8,no person holding any office under the ,united ,states1 shall be a member of either ,house1 during his continuance in office40 7#ast art41 #fth section1 #b;d clause47 8,the migration or importation of such persons as any of the states now existing shall think proper to admit1 shall not be prohibited10--8but a tax1 or duty1 may be imposed on such importation1 not exceeding ten dollars for each person10 c4 7#ast art41 #ith section1 #ast clause47 8,no person holding any office of profit or trust10 8shall accept any present10 c4 7#ast art41 #ith section1 #hth clause47 8,no person holding an office of trust or profit under the ,united ,states1 shall be appointed an elector40 7#b;d art41 #ast section1 #b;d clause47 8,the electors shall meet in their respective states and vote by ballot for two persons10 c4 8,the person having the greatest number of votes shall be the ,president10 c4 8,if no person have a majority10 c4 8,in every case1 after the choice of the ,president1 the person having the greatest number of votes of the electors1 shall be ,vice ,president40 7#b;d art41 #ast section1 #b;d clause4#g7 8,no person except a natural born citizen10 c41 8shall be eligible to the office of ,president2 neither shall any person be eligible to that office1 who shall not have attained the age of thirty-five years10 c4 8,no person shall be convicted of treason1 unless on the testimony of two witnesses10 c4 7#c;d art41 #c;d sect41 #c;d clause47 8,a person charged in any state with treason10 c4 7#dth art41 #b;d section1 #b;d clause47 8,no person held to service or labor10 c4 7#dth art41 #b;d section1 #c;d clause47 ,now1 it will be seen from all this1 that the word 8person0 is used in the constitution in the most comprehensive sense4 ,it embraces ,indians1 if taxed2 it embraces natives of ,africa2 it embraces apprentices and slaves1 or those held to service or labor2 and it embraces every citizen1 from the humblest to the highest1 from the most true to the most treasonable4 ,it embraces all1 from the slave to the ,president of the ,united ,states4 ,and after having used the word to embrace all these classes and descriptions of men1 it proceeds to say1 in an amendment1 that 8no ,,person shall be deprived of life1 liberty1 or property1 without due process of law40 7,amendment1 ,article #e47 ,the law of ,maryland ceded this ,district to ,congress1 8in full and absolute right1 as well of soil as of person1 residing1 or to reside therein40 ,now ,congress1 in attempting to legalize slavery in the ,district of ,columbia1 has provided in terms1 by its adoption of the ,maryland laws1 that one man may hold another man in bondage in this ,district1 8,,without ,,due ,,process ,,of ,,law10 and indeed without any process of law2 may hold him in bondage from his birth2 may beget him1 and still hold him and his posterity in bondage4 8,process of law0 means legal proceedings and a jury trial4 ,it is a phrase that does not pertain to the legislature1 but to the courts4 ,it means the institution of a suit in civil matters2 the finding of an indictment1 or an information in criminal ones2 the issuing of subpnas for witnesses1 c41 in both4 7,see ,art4 #f of ,amendments to the ,constitution47 ,now1 a slave is a person deprived of his liberty and property1 without any process of law4 ,there has been no 8due0 process of law to reduce him to this miserable condition2 there has been no process of law at all4 ,a slave1 therefore1 in this ,district1 is deprived of his liberty and property1 in pursuance of the laws of ,congress1 without any legal process whatever1 and therefore in flagrant contradiction of the fifth article of the ,amendments to the ,constitution of the ,united ,states4 ,hence1 the act of ,congress1 purporting to continue the ,maryland laws respecting slavery in this ,district1 was1 and is1 and forever must be1 until the constitution is altered1 null and void4 ,there is a striking historical fact in regard to the phraseology of this fifth article of amendment4 ,its substance was proposed by several states4 ,virginia proposed it in the following words3 8,no freeman ought to be taken1 imprisoned1 or disseized of his freehold liberties1 privileges1 or franchises1 or outlawed or exiled1 or in any manner destroyed or deprived of his life1 liberty1 or property1 but by the law of the land40 7,see #c ,elliot's ,debates1 #eic--,proceedings of ,june #bg1 #aghh4 ,also1 #d ,elliot's ,debates1 #baf1 for the same amendment1 as proposed by the ,state of ,new ,york47 ,the ,virginia amendment used the word 8freeman40 ,it proposed that no 8freeman0 should be deprived1 c4 ,the ,new ,york amendment used the word 8person40 ,and the amendment was adopted and ratified1 almost in the words of the ,new ,york phraseology4 ,the word person was chosen1 and therefore ,congress has no constitutional power to deprive of life1 liberty1 or property1 without due process of law1 any being embraced in the definition of that word4 ,by its own selection of words it is debarred not merely from depriving a 8freeman10 but from depriving a 8person0 of this right4 ,when ,congress attempted to legalize and perpetuate slavery in this ,district1 it violated the fourth article of the ,amendments1 which declares 8the right of the people to be secure in their persons1 houses1 papers1 and effects1 against unreasonable searches and seizures40 ,if ,congress cannot authorize domiciliary searches and seizures against a single individual1 can it degrade a whole race of men to the condition of slaves1 and then say that because they are slaves1 they shall not be 8secure20 but shall be at the mercy of any alleged master1 in regard to their persons1--to be commanded and restrained1 to be bought and sold8 ,if ,congress cannot authorize searches and seizures of houses1 papers1 and effects1 can it get round the constitution1 by saying we will create a class of persons who shall have no power of owning any houses1 papers1 or effects1 to be searched or seized8 ,again2 ,congress shall pass 8no bill of attainder40 ,what is a bill of attainder8 ,it is a bill that works corruption of blood4 ,it disfranchises its object4 ,it takes away from him the common privileges of a citizen4 ,it makes a man incapable of acquiring1 inheriting1 or transmitting property2 incapable of holding office1 or acting as attorney for others2 and it shuts the door of the courts against him4 ,these disabling consequences may descend to a man's children after him1 though this is not necessary4 ,now1 to pass such a bill is a thing which ,congress cannot do4 ,but when ,congress undertook to legalize slavery in this ,district1 it undertook to do all this1 and worse than all this4 ,it attainted1 not individuals merely1 but a whole race4 ,a slave is an outlaw2 that is1 he cannot make a contract2 he cannot prosecute and defend in court2 property cannot be acquired by him1 or devised to him1 or transmitted through him4 ,a white man may give his testimony against him1 but he cannot give his testimony against a white man4 ,he is despoiled of his liberam legem1--his birthright4 ,he cannot own the food or clothes he has earned4 ,what is his1 is his master's4 ,and this corruption of blood1 which the law of slavery works1 does not stop with the first1 nor with the second generation1--not with the tenth nor the ten thousandth2 but by the theory of the law1 goes on forever4 ,bills of attainder1 during the history of the worst periods of the world1 have applied to individuals only1 or at most to a family4 ,but here1 ,congress1 in defiance of the constitution1 has undertaken to establish a degraded caste in society1 and to perpetuate it through all generations4 ,now1 can any reasonable man for a moment suppose that the constitution meant to debar ,congress from passing acts of attainder against individuals1 but to permit it to pass wholesale1 sweeping laws1 working disfranchisement of an entire race1 and entailing degradation forever8 ,let us look at another general prohibition of the constitution3 8,no title of nobility shall be granted by the ,united ,states40 7art4 #a1 #i1 clause #h47 8,the distinction of rank and honors10 says ,blackstone1 8is necessary in every well-governed state1 in order to reward such as are eminent for their services to the public40 ,but the framers of the constitution did not think so2 the people of the ,united ,states did not think so2 and therefore they incorporated a provision into their organic law that 8no title of nobility should be granted40 ,but it matters not whether the favored individual is called 8,marquess0 or 8,master40 ,if he is invested by the government with a monopoly of rights and privileges1 in virtue of his title and its legal incidents1 without any corresponding civil duties1 he belongs to an order of nobility1--he is a nobleman4 ,mr4 ,mc,duffie defends the institution of slavery1 on the ground that it establishes the highest of all ranks and the broadest of all distinctions between men4 ,he says no nation has yet existed which has not in some form created the distinction of classes1--such as patrician and plebeian1 or citizen and helot1 or lord and commoner1--and that the institution of slavery stands here instead of these orders1 and supersedes them all1 by being equivalent to them all4 ,now1 is it not inconceivable that the constitution should interdict the bestowment of special favors to distinguished individuals for meritorious services1 and yet should authorize ,congress to confer the highest of all earthly prerogatives1--the prerogative over property1 liberty1 and volition itself1 upon one class of men over another class of men8 ,yet if ,congress can create or legalize slavery1 it can establish the worst order of nobility that ever existed4 ,it can give to one class of men the power to own and to control1 to punish and to despoil another class2 to sell father1 mother1 wife1 and children1 into bondage4 ,to prohibit ,congress from doing one of these things1 and to permit it to do the other1 is straining at a gnat and swallowing a camel1--a whole caravan of camels6 ,but the same clause in the constitution which gives ,congress the power of exclusive legislation over this ,district1 also empowers it 8to exercise like authority over all places purchased by the consent of the legislature of the state1 in which the same shall be1 for the erection of forts1 magazines1 arsenals1 dock-yards1 and other needful buildings40 ,if1 then1 ,congress has any constitutional power to legalize slavery in this ,district1 it has the same power to legalize it1 7that is1 to create it17 in all places in the state of ,massachusetts1 or ,new ,york1 or any other1 where it may have obtained territory from a state for a fort1 magazine1 arsenal1 dock-yard1 or other needful building4 ,where it has obtained land in the middle of a city1--,philadelphia1 ,new ,york1 ,boston1 or ,chicago1--for a custom-house1 it may create slavery there4 ,the power to do this is conferred in precisely the same words as the power by which it has been held that slavery can be established in the ,district of ,columbia4 ,and now ,i will occupy the few minutes that are left me1 in considering what seems to me the only plausible argument that can be urged in favor of the constitutionality of slavery in this ,district4 ,it may be said1 that when a territory is obtained by one nation from another1 whether by conquest or by treaty1 the laws which governed the inhabitants at the time of the conquest or cession1 remain in force until they are abrogated by the laws of the conquering or purchasing power4 ,for this principle1 the authority of ,lord ,mansfield1 in the case of ,campbell v4 ,hall1 #a ,cowper1 #bjh1 may be cited4 ,the decision of our own courts are to the same effect4 7,see ,united ,states1 appellant1 vs4 ,juan ,percheman1 #b ,gallison's ,reports1 #eja2 ,johnson vs4 ,mc,intosh1 #g ,peters1 #ea2 #h ,wheat4 #edc47 ,i do not dispute the authority of this case4 ,but it does not touch the question ,i am arguing2 or1 so far as it bears upon it at all1 it confirms the views ,i would enforce4 ,the principle is1 that the existing laws remain in force until they are abrogated4 ,i agree to this4 ,but in the case of the ,district of ,columbia1 there was a special agreement between ,maryland and the ,united ,states1 that as soon as the ,united ,states should legislate for the ,district1 the laws of ,maryland1 as such1 should cease to be operative here4 ,on the #bgth day of ,february1 #ahja1 therefore1 all the rights which the citizens of this ,district possessed1 they possessed under the law of ,congress1 and not under the law of ,maryland4 ,on the day preceding1 a citizen could have voted for governor or other state officers of ,maryland2 but on the day following1 he could no longer vote for any such officer4 ,on the day preceding1 he could have voted for electors of ,president and ,vice ,president of the ,united ,states2 but on the day following1 he was bereft of all such right of the elective franchise1 and must accept such officers and legislators as the rest of the country might choose to elect for him4 ,on the day preceding1 he might1 in the character of an insolvent debtor1 have been discharged under the insolvent laws of ,maryland2 but on the day following1 he could no longer be so discharged4 ,on the day preceding1 he might have been required1 though a justice of the peace of the ,state of ,maryland1 to perform militia duty2 but on the day following1 if commissioned as a justice of the peace of the ,district of ,columbia1 he could not be compelled to perform militia duty1 because he would1 in such case1 be an officer of the ,united ,states4 ,on the day preceding1 he might have sued in the circuit court of the ,united ,states1 as being a citizen of ,maryland2 but1 on the day following1 he could not so sue1 because he had ceased to be a citizen of a state4 ,thus the change of jurisdiction over him deprived him of some privileges1 and relieved him from some burdens4 ,it deprived him of these privileges1 and relieved him from these burdens1 notwithstanding the act of ,congress had said1 in unambiguous words1 8the laws of the ,state of ,maryland1 ,,as ,,they ,,now ,,exist1 shall be and continue in force in that part of the said ,district which was ceded by that state to the ,united ,states40 ,but the most momentous change which was wrought by the transfer of the citizen from the jurisdiction of ,maryland to the jurisdiction of the ,united ,states1 was that which made it impossible for him any longer to hold a slave4 ,under the laws of ,maryland1 he might have held his slave1 for her statutes had legalized slavery2 but under the constitution of the ,united ,states1 he could not hold a slave2 for that constitution had given ,congress no power to legalize slavery in this ,district1 and had gone so far as to make prohibitions against it4 ,his right to hold slaves then expired1 or fell1 like his right to vote for ,united ,states' officers1 or for state officers1 or his right to be discharged under the ,maryland insolvent law1 or his right to sue in certain courts1 c41 c4 ,one point more1 sir1 and ,i have done4 ,why1 says my opponent1 did not the right to hold slaves continue after the change of jurisdiction1 as well as the right to hold horses8 ,for the plainest of all reasons1 ,i answer3 for the reason that a horse is property by the universal consent of mankind1 by the recognition of every civilized court in ,christendom1 without any positive law declaring it to be the subject of ownership4 ,but a man is not property1 without positive law2 without a law declaring him to be the subject of ownership4 ,there was such a positive law in ,maryland2 but ,congress1 for want of constitutional authority1 could not enact1 revive1 or continue it4 ,and such ,i verily believe would have been the decision of the ,supreme ,court of the ,united ,states1 had the question been carried before them immediately subsequent to the act of #ahja4 ,but now1 as slavery has existed practically in this ,district for half a century1 it is proper to pass a law abolishing it4 ,it is better1 under the present circumstances1 that slavery should be abolished here by a law of ,congress1 than by the decision of a court2 because ,congress can provide an indemnity for the owners1 and let the slaves go free4 ,but should it be abolished by a legal adjudication1 every slave would be hurried away to the south1 and sold1 he and his descendants1 into perpetual bondage4 ,in justice1 then1 to the north1 which ought not to bear the opprobrium of slavery in this capital of the nation2 in justice to the slaves who are here held in bondage against legal1 as well as natural right2 and1 in more than justice to the masters1 whose alleged claims ,i am willing1 under all the circumstances1 to satisfy1 let a law be forthwith passed for ascertaining and paying the market value of the slaves1 and for repealing all laws which uphold slavery in this ,district4 ,,footnotes3 #e ,lecture on the ,north and ,south4 ,delivered in ,college ,hall1 ,january #af1 #ahdi1 before the ,young ,men's ,mercantile ,library ,association of ,cincinnati4 ,by ,ellwood ,fisher4 #f ,an anecdote1 which ,i have on the best authority1 is not inappropriate4 ,a few years ago1 a citizen of the ,state of ,connecticut absconded1 leaving a wife behind him4 ,he went to the ,state of ,mississippi1 where he took a colored woman as his concubine1 had children by her1 acquired property1 and died4 ,the wife and heirs in ,connecticut claimed the property acquired in ,mississippi4 ,the claim was contested4 ,the honorable ,,henry ,s4 ,,foote1 now a senator from that state1 conducted the defence4 ,he denied the title of the wife in ,connecticut1 affirmed that of the concubine and her children in ,mississippi1 and cited the case of ,abraham and ,sarah and ,hagar1 to prove the legality and the propriety of the concubinage1 and the divine authority for it4 ,and surely1 if the ,bible argument in favor of slavery is sound1 ,mr4 ,,foote',s argument in favor of concubinage is equally so4 #g ,this clause in the constitution is annulled2 but for all purposes of determining the true interpretation of words1 it is as good as ever4 ,,speech ,,delivered ,,in ,,the ,,united ,,states ,,house ,,of ,,representatives4 ,,february #ae1 #ahej1 ,,on ,,the ,,subject ,,of ,,slavery ,,in ,,the ,,territories1 ,,and ,,the ,,consequences ,,of ,a ,,dissolution ,,of ,,the ,,union4 ,,mr4 ,,chairman2 ,ever since the organization of this ,house1--before its organization1 and even in a preliminary caucus that preceded the commencement of the session1 southern gentlemen have pressed the cause1 not only of human slavery1 but of slavery extension1 upon us4 ,from motives of forbearance1 and not from any question as to our rights1 we of the north have maintained an unbroken silence4 ,the time has surely come when the voice of freedom should find an utterance4 ,would to ,god that on the present occasion it might find an abler defender than myself1 although if my ability to defend it were equal to the love ,i bear it1 it could ask no stronger champion4 ,i wish to premise a few words respecting the propriety and true significance of some of the epithets by which the parties to this discussion are characterized4 ,the term 8,free ,soiler0 is perpetually used upon this floor as a term of ignominy and reproach2 yet ,i maintain that in its original and legitimate sense1 as denoting an advocate of the doctrine that all our territorial possessions should be consecrated to freedom1 there is no language that can supply a more honorable appellation4 ,it expresses a determination on the part of its disciples to keep free the territory that is now free2 to stand upon its frontiers as the cherubim stood at the gates of ,paradise1 with a flaming sword to turn every way1 to keep the sin of slavery from crossing its borders4 ,if1 in any instance1 the original advocates of ,free ,soil have abandoned their integrity1 and have courted allies who had no sympathy with their principles1 but were only eager to join them in a struggle for mere political ascendency1 then1 in my judgment1 they have lost infinitely more in moral power than they have gained in numbers4 ,they have ceased to be genuine and single-hearted ,free ,soilers1 whom ,i love1 and have become partisans1 whom ,i condemn4 ,for myself1 ,i will engage in any honorable measure most likely to secure freedom to the new territories4 ,i will resist any and every measure that proposes to abandon them to slavery4 ,the epithet 8,free ,soiler10 therefore1 when rightly understood and correctly applied1 implies both political and moral worth2 and ,i covet the honor of its application to myself4 ,but what does its opposite mean8 ,what does the term 8,slave ,soiler0 signify8 ,it signifies one who desires and designs that all soil should be made to bear slaves4 ,its dreadful significancy is1 that1 after ,magna ,charta and the ,petition of ,right1 in ,great ,britain1 and after the ,declaration of ,independence1 in this country1 we should cast aside with scorn1 not only the teachings of ,christianity1 but the clearest principles of natural religion and of natural law1 and should retrograde from our boasted civilization1 into the ,dark ,ages1--ay1 into periods that the dark ages might have called dark4 ,it means that this ,republic1 as we call it1 formed to establish freedom1 should enlist in a crusade against freedom4 ,and again2 those of us at the north who resist slavery extension1 who mean to withstand its spread beyond the limits where it now exists1 are denounced as ,abolitionists4 ,this epithet is applied to us as a term of reproach and obloquy2 as a brand and stigma upon our characters and principles4 ,no distinction is made between those few individuals among us who desire to abolish the constitution of the ,united ,states1 and that great body of the people1 who1 while their allegiance to this constitution is unshaken1 mean also to maintain their allegiance to truth and to duty1 in withstanding the hitherto onward march of slavery4 ,among the latter class1 ,mr4 ,collamer1 the postmaster-general1 is called an ,abolitionist4 ,mr4 ,john ,quincy ,adams was denounced as an arch-,abolitionist4 ,every man who advocates the ,jefferson proviso1 against the spread of slavery1 is so called2 and if an unspeakable abhorrence of this institution1 and the belief that it is the second greatest enormity which the oppressor1 in his power1 ever committed against the oppressed1 in his weakness1--being inferior only to that ecclesiastical domination which has trampled upon the religious freedom of man1--,i say1 if this abhorrence of slavery1 and this belief in its criminality1 entitle a man to be denominated an ,abolitionist1 then ,i rejoice in my unquestionable right to the name4 ,in my apprehension1 sir1 before we can decide upon the honor or the infamy of the term 8,abolitionist10 we must know what things they are which he proposes to abolish4 ,we of the north1 you say1 are ,abolitionists2 but abolitionists of what8 ,are we abolitionists of the inalienable1 indefeasible1 indestructible rights of man8 ,are we abolitionists of knowledge1 abolitionists of virtue1 of education1 and of human culture8 ,do we seek to abolish the glorious moral and intellectual attributes which ,god has given to his children1 and thus1 as far as it lies in our power1 make the facts of slavery conform to the law of slavery1 by obliterating the distinction between a man and a beast8 ,do our laws and our institutions seek to blot out and abolish the image of ,god in the human soul8 ,do we abolish the marriage covenant2 and instead of saying1 with the apostle1 that wives shall submit themselves to their husbands1 command them to submit themselves to any body1 and to their master as husband over all8 ,do we ruthlessly tear asunder the sacred ties of affection by which ,god has bound the parent to the child and the child to the parent8 ,do we seek to abolish all those noble instincts of the human soul1 by which it yearns for improvement and progress2 and do we quench its sublime aspirations after knowledge and virtue8 ,a stranger would suppose1 from hearing the epithets of contumely that are heaped upon us1 that we were abolitionists of all truth1 purity1 knowledge1 improvement1 civilization1 happiness1 and holiness4 ,on this subject1 perversion of language and of idea has been reduced to a system1 and the falsehoods of our calumniators exclude truth with the exactness of a science4 ,but if the word 8,abolitionist0 is to be used in a reproachful and contumelious sense1 does it not more properly belong to those who would extend a system which in its very nature abolishes freedom1 justice1 equity1 and a sense of human brotherhood8 ,does it not belong to those who would abolish not only all social and political1 but all natural rights2 who would abolish 8liberty and the pursuit of happiness20 who would close up all the avenues to knowledge2 who would render freedom of thought and liberty of conscience impossible1 by crushing out the faculties by which alone we can think and decide2 who would rob a fellow-man of his parental rights1 and innocent children of the tenderness and joys of a filial love2 who would introduce a foul concubinage in place of the institution of marriage1 and who would remorselessly trample upon all the tenderest and holiest affections which the human soul is capable of feeling8 ,after ,mr4 ,jefferson1 in the ,declaration of ,independence1 had enumerated a few oppressive deeds of the ,british king towards his ,american colonists1 he denominated him 8a prince whose character was marked by every act that could define a tyrant40 ,there are now as many slaves in this country as there were colonists in #aggf4 ,compare the condition of these three million slaves with the condition of the three million colonists4 ,the conduct of that sovereign who was denounced before earth and heaven as having committed all the atrocities that could 8define a tyrant10 was mercy and loving-kindness compared with the wrongs and privations of three millions of our fellow-beings1 now existing among us4 ,if the word 8,abolitionist10 then1 is to be used in a reproachful sense1 let it be applied to those who1 in the middle of the nineteenth century1 and in defiance of all the lights of the age1 would extend the horrors of an institution which1 by one all-comprehending crime towards a helpless race1 makes it impossible to commit any new crime against them1--unless it be to enlarge the area of their bondage1 and to multiply the number of their victims4 ,if we are abolitionists1 then1 we are abolitionists of human bondage2 while those who oppose us are abolitionists of human liberty4 ,we would prevent the extension of one of the greatest wrongs that man ever suffered upon earth2 they would carry bodily chains and mental chains1--chains in a literal and chains in a figurative sense1--into realms where even the half-civilized descendants of the ,spaniard and the ,indian have silenced their clanking4 ,we would avert the impending night of ignorance and superstition2 they would abolish the glorious liberty wherewith ,god maketh his children free4 ,in using this word1 therefore1 to calumniate us1 they put darkness for light1 and light for darkness2 good for evil1 and evil for good4 ,the constitutional right of ,congress to legislate for the territories is still debated4 ,having presented my views on this subject before1 ,i shall now treat it with brevity4 ,in a speech1 by ,general ,cass1 which has lately been published1 that distinguished senator1 in order to prove that ,congress has no power to legislate on the subject of slavery in the territories1 has attempted to prove that it has no right to legislate for the territories at all4 ,i refer to the senator from ,michigan1 because he now stands before the country in the twofold character of being the head of the ,democratic party1 which goes for the 8largest liberty10 and also of the extreme pro-slavery party1 which goes for the largest bondage4 ,he would sever all diplomatic relations between this country and ,austria1 because she has robbed the ,hungarians of a part of their liberties1 while he is drawing closer the political ties which bind him to the south1 which has despoiled three millions of the ,african race of all their liberties1 and is now intent on propagating other millions for new despoliations4 ,he claims1 as the great bequest of the barons of ,runnymede1 that the inhabitants of the territories1 under all circumstances of infancy1 or poverty1 or weakness1 shall have the sole and exclusive right of governing themselves1 when the practical result of this doctrine1 so nicely timed1 would be1 that one part of those inhabitants would be crowned with power like so many ,king ,johns1 to lord it over their vassals4 ,under the name of liberty1 he enters a path that terminates in bondage4 ,southern gentlemen had all admitted the power of ,congress to legislate for the territories1 though they denied the special inference1 deducible from the general power1 that they could legislate to prohibit slavery in them4 ,but1 seeing that the right to legislate on the subject of slavery flows irresistibly from the right to legislate on all other subjects1 because no rule of interpretation1 which concedes the power to make laws respecting political franchises1 courts1 crimes1 officers1 and the militia1 can stop short at the subject of slavery2--seeing all this1 ,general ,cass denies both inference and premises1 and places the general government in the relation of a foreign power to the territories which it owns1 and of which it possesses the acknowledged sovereignty4 ,he reminds one of the man who denied the existence of future punishment1 and1 when pressed with arguments drawn from the deserts of men1 and from the justice of ,god1 he suddenly arrested his antagonist by denying the existence of a ,god6 ,when some immensely long speech made in the ,british ,house of ,commons1 was spoken of before ,sheridan as being luminous1 he expressed both a negative and an affirmative opinion respecting it1 in a single word1 by replying that it was vo-luminous4 ,general ,cass1 in a speech that fills more than nineteen columns in the ,washington ,union1 has reviewed the decisions of all the judges of the ,supreme ,court who have ever expressed any opinion on the subject of congressional power over territorial legislation2 he has commented upon the views of all the jurists who have written upon it1 and of most of the speakers in both ,houses of ,congress who have discussed it2 he has surveyed the course of administration of all the ,presidents we have ever had2 and has come to the clear conclusion that all of them1--judges1 jurists1 legislators1 and presidents1--have systematically violated the constitution of the ,united ,states1 or commended its violation1 on every practicable occasion for the last sixty years4 ,omitting the hundred ways in which the absurdity of this conclusion can be exposed1 let me subject it to one practical test4 ,we have acquired territory from ,mexico4 ,general ,cass voted to ratify the treaty of cession4 ,measures have been instituted for the formation of three separate governments in this ,territory1--those of ,california1 ,deseret1 ,utah1 and ,new ,mexico4 ,the boundaries marked out by ,california and ,deseret overlay each other to the amount of thousands of square miles4 ,if they have the exclusive right of self-government1 as ,general ,cass declares1 and ,congress none1 then they must settle this question of boundary themselves4 ,they may declare war against each other1 make alliances with foreign powers1 equip armies1 build fleets2 while ,congress can do nothing within their limits but--sell land4 ,but what renders the argument of ,general ,cass still more extraordinary is the fact1 that1 according to his own doctrine1 he has spent the greater part of his political life in violating the constitution1 while constantly repeating his oath to support it4 ,as marshal of ,ohio1 as governor of ,michigan1 as ,indian agent1 he has appointed officers and magistrates1 and executed laws1 when1 according to his own showing1 he was a mere interloper and usurper2 he has met territorial legislatures1 which had no more right to assemble than a mob2 he has doubtless imprisoned1 if not executed many alleged offenders1 who had as good a legal right to execute or to imprison him2 and he has received salaries for more than twenty years1 to which the khan of ,tartary was as much entitled as he4 ,now1 if he will refund the salaries he has unconstitutionally received2 make reparation for the penalties or forfeitures he has wrongfully extorted2 show some signs of contrition for the men whom he has unlawfully imprisoned or hung1 it will remove the suspicions of many minds1 in regard to the sincerity1 if not the soundness1 of his argument4 ,i mention these facts from no personal feelings in regard to the senator from ,michigan2 but only to show to what desperate extremities men are driven in order to defend the right of spreading slavery from the ,atlantic to the ,pacific ocean2 and because this is the last reading of the constitution which has been invented for the purpose4 ,since the last session of ,congress1 the condition of a part of this territory has greatly changed4 ,the unexampled velocity with which a living stream of men has poured into it within the last twelve months1 has reversed its condition and decided its destiny4 ,in other countries1 individuals seek their fortunes by changing their residence4 ,under the vehement action of our enterprise1 cities migrate4 ,the new residents of ,california have framed a constitution1 have applied for admission into this ,union1 and their application is now pending before us4 ,of their own accord1 they have excluded slavery from their borders by their fundamental law4 ,until the discovery of gold in that country1 and until all incredulity in regard to that remarkable fact had been overcome1 it was confidently anticipated at the south1 and intensely feared at the north1 that the whole region would be overrun with slaveholders and with slaves4 ,as far back as #ahdb1 ,mr4 ,wise1 of ,virginia1 the administration leader in the ,house of ,representatives1 boldly declared that 8slavery should pour itself abroad without restraint1 and find no limit but the ,southern ,ocean40 ,the war with ,mexico was waged for the twofold purpose of robbing that republic of its territory1 and then robbing that territory of its freedom4 ,congressional orators and the southern press avowed that the object of acquiring territory was to extend the 8divine institution40 ,i could quote pages in proof of this assertion4 ,the north had no hope1 the south had no fear1 if the territories were left without control1 but that they would first be filled with slaveholders1 and would then incorporate slavery into their organic law4 ,while these prospects continued1 the south insisted that the territories should be left untrammelled4 ,distinguished men in this ,house1 ,mr4 ,calhoun and other senators1 the government organ1 which was supposed to express the views of ,president ,polk and his cabinet1 all proclaimed that the territories should be left free to institute such government as they might choose4#h ,but since ,california has formed a free constitution1 what a sudden change has taken place in the convictions of men6 ,within the present week we have had three most elaborate speeches in this ,house1 in which the admission of ,california1 with her free constitution1 is vehemently opposed on constitutional grounds4 ,yes1 sir1 did you know it8 the constitution of the ,united ,states has just been altered2 or1 what is intended to produce the same effect1 without the trouble of an alteration in the manner prescribed by itself1 its interpretation has been altered4 ,while ,california promised to be a slave state1 all interference was unconstitutional4 ,now1 as she desires to be a free state1 it has become constitutional to interfere and repel her4 ,not only so1 but1 according to the gentleman from ,alabama1 7,mr4 ,,inge17 in swearing to support the constitution we have sworn to perpetuate1 and not only to perpetuate1 but to extend slavery4 8,to those10 he says1 8who are disposed to resist my views1 ,i commend a more attentive reading of that instrument4 ,they will find that it not only guarantees slavery1 but provides for its extension40 ,or1 as he says in another place1 it makes provision 8to extend the institution indefinitely40 ,and1 therefore1 when a territory asks to be admitted as a free state1 it is to be repulsed1 and virtually told1 8,if you will incorporate slavery into your constitution1 you shall be admitted2 if not1 not40 ,had the man who first uttered the adage that 8circumstances alter cases10 foreseen our times1 he would have said1 8circumstances alter principles40 ,the same gentleman defends slavery by an appeal to the ,bible4 ,but if the ,bible be authority for the principal1 is it not authority for the incidents also8 ,if an authority for the cruelties of bondage1 is it not an equal authority for its mitigations8 ,is not the command to 8hallow the fiftieth year10 as a year of jubilee1 and to 8proclaim liberty throughout all the land unto all the inhabitants thereof10 contained in the same code1 and in the same chapter of the same code1 with that oft-cited authority to buy bondmen and bondmaids of the heathen8 ,if the ,bible is your commission1 why do you not follow the terms of the commission1 observing its limitations as well as its powers8 ,this is the fiftieth year of the century1--the very year of jubilee itself2 and yet1 instead of 8returning every man unto his possession1 and every man unto his family10 this is the chosen year for subjugating new realms to bondage4 ,it is not to be 8hallowed10 as a year of jubilee1 but to be profaned as a year of captivity and mourning4 ,sir1 ,i must express the most energetic dissent from those who would justify modern slavery from the ,levitical law4 ,my reason and conscience revolt from those interpretations which 8,torture the hallowed pages of the ,bible1 ,to sanction crime1 and robbery1 and blood1 ,and1 in oppression's hateful service1 libel ,both man and ,god40 ,priests appealed to the ,bible in ,galileo's time1 to refute the truths of astronomy4 ,for more than two hundred years1 the same class of men appealed to the same authority to disprove the science of geology4 ,and now1 this authority is cited1 not to disprove a law of physical nature merely1 but to deny a great law of the human soul1--a law of human consciousness1--a law of ,god1 written upon the tablet of every man's heart1 authenticating and attesting his title to freedom4 ,sir1 let those who reverence the ,bible beware how they suborn it to commit this treason and perjury against the sacred rights of man and the holy law of ,god4 ,whatever they gain for the support of their doctrine1 will be so much subtracted from the authority of the ,scriptures4 ,if the ,bible has crossed the ,atlantic to spread slavery over a continent where it was unknown before1 then the ,bible is a book of death1 and not a book of life4 ,it is further objected to the admission of ,california1 that its dimensions are too large for a single state4 ,the force of this objection is somewhat abated when we reflect that it comes from men who were most strenuous for the admission of ,texas4 ,however1 ,i shall not object very earnestly to the reduction of its limits4 ,i will say1 in frankness1 that the southern portion of ,california is understood to be even more attached to freedom than the northern4 ,the result may1 therefore1 be1 if this objection is persisted in and a division made1 that we shall soon have two free states instead of one4 ,it was said by the last administration1 that ,mexico was to be dismembered1 in order 8to extend the area of freedom40 ,the most just retribution for that diabolical irony is1 to carry out the declaration literally4 ,but ,i now come to a more substantial part of this great question4 ,the south rests its claims to the new territory upon the great doctrine of equality4 ,there are fifteen slave states2 there are only fifteen free states4 ,the south contributed men and money for the conquest1 not less than the north2 hence1 equal ownership and equal rights of enjoyment4 ,this is the argument4 ,in a long and most elaborate speech1 delivered in the ,senate this week by one of the most eminent jurists in the ,southern ,states1 7,judge ,,berrien17 he founds the whole claim of the south on this doctrine of equality4 ,now1 ,i admit this principle in its fullest extent1 and without hesitation4 ,that country is equally free to all the people of the ,united ,states4 ,the government can sell the lands not already covered by valid titles2 and any citizen who will comply with its terms can buy them4 ,the people of each of the ,united ,states can go there and establish their domicile4 ,the laws of ,congress make no discrimination between them4 ,the constitution makes no such discrimination4 ,the law of nature and of nations makes none4 ,the north has no privilege over the south1 and the south has none over the north4 ,if the north has any greater right there than the south1 the equality is destroyed4 ,if the south has any greater right there than the north1 the equality is equally destroyed4 ,and now1 practically1 what right has the north1 or what right is claimed by the north1 which the south has not to an equal extent8 ,what article of property can a citizen of ,massachusetts carry there which a citizen of ,georgia can not carry there8 ,can we carry any of our local laws there2 even though all the inhabitants of the state should remove thither in a body8 ,certainly not4 ,when we leave our state1 we leave our local laws behind us4 ,a citizen of ,boston has a right to educate his children at school1 at the public expense4 ,in the ,boston public schools1 he can prepare his son to enter any college in this country1 even though he is too poor to pay a cent for taxes1 and never has paid a cent for taxes4 ,has he any such right on arriving at ,san ,francisco8 ,if the city of ,boston debars him of this right of educating his son at the public charge1 he can institute a suit against it and recover full damages4 ,can he do the same thing at ,san ,francisco or ,san ,jose8 ,certainly not4 ,he has left the laws and institutions of ,massachusetts behind him4 ,but1 it is said1 we can carry our property there1 and you cannot carry your property there4 ,i think those who use this argument1 like the old ,roman augurs1 must smile at each other askance1 for the credulity or simplicity of those they beguile by it4 ,will not every man1 even of the feeblest discernment1 see the fallacy which is here covered up under the word 8property80 ,what is meant by this deceptive term 8property80 ,if you mean silver1 or gold1 or seeds1 or grains1 or sheep1 or horses1 cannot you carry these there as freely as we can8 ,but you have special laws2 local and peculiar laws1--laws contrary to the great principles of the common law1 by which you call men and women property4 ,and then1 forsooth1 because we can carry property there1 when property means grain and cattle1 you can carry property there when it means human beings1--perhaps your own brothers1 or sisters1 or children4 ,because we can carry our property there1 when property means inanimate substances1 you have only to call a human being property2--you have only to call a creature1 formed in the image of ,god1 property1 and then he can be smuggled in under the new name4 ,why1 sir1 there is not a respectable village in the country1 where1 if a juggler or mountebank were to attempt to palm off upon his audience so flimsy a trick as this1 he would not be hissed from the stage4 ,there are certain kinds of property and rights which we can carry with us to the territories1 and other kinds which we cannot4 ,we can carry movable property1 but not immovable1--a diamond or a library1 but not a cotton factory nor a cotton field4 ,by the papers of this city1 as ,i open them every morning1 ,i see that lotteries are authorized by more or less of the ,southern ,states4 ,their 8schemes0 are regularly advertised4 ,i remember1 when stopping for a day in one of the southern cities1 that some half-official looking personages came into the hotel1 cleared a large space in the public hall1 set down a rotary machine1 and proceeded to draw a lottery4 ,now1 in ,massachusetts1 and in many of the ,northern ,states1 lotteries are prohibited1 under severe penalties4 ,with us1 it is highly penal to advertise a lottery in any form1 to placard one at the corners of the streets1 or to exhibit any plan or emblem of one at a shop window4 ,we act upon the well-known truth1 that there is a much less number of persons who draw any considerable prize in a lottery1 than there are who are killed by lightning2 and therefore1 whatever chance a ticket-holder has of drawing any considerable prize1 we know that he has a much greater chance of being killed by lightning4 ,now1 when a citizen of ,virginia and a citizen of ,massachusetts go to the new territories1 does the former carry his right to establish and draw a lottery1 or the latter carry his right to prosecute the other for doing so8 ,neither2 certainly neither4 ,both have left the local law behind them4 ,if any state in this ,union had adopted polygamy as its peculiar institution1 could an inhabitant of that state take a dozen wives with him into the new territories1 and defend his claim to live with them there1 because he could do so at home8 ,or1 suppose1 in pursuance of the 8manifest destiny0 principle1 we should re-annex a part of ,china to this ,union1 could the ,chinese1 on removing to ,california1 carry the practice of infanticide with them8 ,just as well1 ,i answer1 and on precisely the same legal ground that the south can carry slavery into ,new ,mexico4 ,the reason is that the law of slavery is a local law4 ,like lotteries1 or polygamy1 or infanticide1 it can legally exist in no land where the principles of the common law prevail1 until it is legalized and sanctioned by a special law4 ,then it is permitted on the simple ground that so much of the common law as secures liberty and property1 the right of habeas corpus and freedom of speech to each individual1 has been cut out and cast away4 ,the constitution proceeds upon this doctrine when it provides for the recapture of fugitive slaves4 ,why did it not provide for the capture of a fugitive horse or ox8 ,why did it not provide that1 if a horse or an ox should escape from a slave state into a free state1 it should be delivered up1 or be recoverable by legal process8 ,because horses and oxen are property1 by the common consent of mankind4 ,it needed no law to make them property4 ,they are property by the law of nations1 by the ,english common law1 by the law of every state in this ,union1--while men and women are not4 ,an escaped slave could not be recovered before the adoption of the constitution4 ,the power to seize upon escaping slaves was one of the motives for adopting it4 ,these considerations demonstrate that slaves are not property1 within the meaning of this word1 when it is affirmed that if the north can carry its property into the territories1 so can the south4 ,as the constitution1 in terms1 adopts the common law1 it leaves slavery nothing to stand upon but the local laws of the states where it is established4 ,freedom is the rule1 slavery is the exception4 ,judge ,berrien's favorite doctrine of equality would1 therefore1 be destroyed1 if the exception should prevail over the rule4 ,for1 if slavery can be carried into any of our territories by force of the constitution1 it can into all of them2 and if carried into all of them1 the exception becomes the rule1 and the rule perishes4 ,ay1 the rule ceases to be even so much as an exception to that which was its own exception4 ,it is wholly swallowed up and lost4 ,i know it is said that the fact of slavery always precedes the law of slavery2 that law does not go before the institution and create it1 but comes afterwards to sanction and regulate it4 ,but this is no more true of slavery than of every other institution or practice among mankind1 whether right or wrong4 ,homicide existed before law2 the law came in subsequently1 and declared that he who took an innocent man's life without law1 should lose his own by law4 ,the law came in to regulate homicide2 to authorize the taking of human life for crime1 just as we authorize involuntary servitude for crime2 and it may just as well be argued that murder is a natural right because it existed before law1 as that slavery is a natural right because it existed before law4 ,this argument appeals to the crime which the law was enacted to prevent1 in order to establish the supremacy of the crime over the law that forbids it4 ,there is another fallacy in the arguments which southern gentlemen use on this subject1 which1 though not as transparent as the preceding1 is quite as unsound4 ,they speak of the rights of the slaveholder in the new territories4 ,they speak as though the collective ownership of the territories by the government1 were the ownership of the people in severalty2 as though each citizen could go there and draw a line round a 8placer10 and say this is mine2 and then1 because it is his1 introduce his slaves upon it4 ,but nothing is more clear than that there is no such individual right4 ,the right of the government is1 first1 a right of sovereignty and jurisdiction2 and second1 the right of ownership of all lands1 navigable waters1 c41 which have not been conveyed away by the prexisting government4 ,individuals retain their citizenship on going there1 as they do on going to ,great ,britain1 or ,france2 but a slave has just as much right to a portion of the public lands in ,california1 when he gets there1 as his master4 ,again2 if the master carries into ,california the legal right to hold slaves1 which he possessed at home1 does not the slave also retain his legal rights when he is transferred there8 ,the laws which govern slaves are as various as the states where they exist4 ,in some states manumission is comparatively unobstructed4 ,in ,delaware1 it is a penal offence even to sell a slave to a notorious slavedealer4 ,in ,georgia1 the law forbids1 or lately forbade1 the importation of slaves for sale4 ,now1 how can a ,georgian import slaves into ,california from ,georgia1 when the very laws of his own state1 under which he claims to hold slaves1 and under which laws he claims to carry slaves with him1 forbid their importation8 ,and further1 political franchises or privileges are just as much a part of a man's rights as any tangible commodity4 ,in ,south ,carolina1 the ownership of ten slaves constitutes a property qualification for being a member of the legislature4 ,on removing to ,california1 will the citizen of ,south ,carolina1 who owns ten slaves1 carry an eligibility to the legislature of ,california with him8 ,nay1 this political privilege in ,south ,carolina goes further4 ,it is a right in every owner of ten slaves1 that no man who does not own ten slaves1 7or some legal equivalent17 shall be a member of the legislature4 ,the aspirant for office has a legal right in the limitation of the number of his competitors1 as much as in any thing else4 ,can he carry this to ,california with him8 ,the inference is inevitable1 that if the inhabitants of the fifteen slave states can carry slaves into ,california by virtue of the laws of their respective states1 then they must also carry all the incidents of slavery known to their respective codes4 ,for1 how can the incident be separated from the principal8 ,you might1 therefore1 have1 in a neighborhood of fifteen families1 fifteen slave codes in operation at the same time1--a manifest absurdity4 ,the conclusion1 then1 is irresistible1 that when you come to the boundary line between a slave state and a free state1 you come to the boundary line of slavery itself4 ,on one side of the line1 down to the nadir and up to the zenith1 the blackness of the slave code pervades all things2 but1 on the other side1 as high above and as deep below1 is the purity of freedom4 ,virginia cannot extend her laws one hair's breadth over the line into ,pennsylvania or into ,ohio1 because their soil is beyond her jurisdiction4 ,so neither ,virginia1 nor all the fifteen slave states combined1 can extend their slave laws one hair's breadth into the new territories2 and for the same reason1--the territories are beyond their jurisdiction4 ,as to the argument that the constitution of the ,united ,states recognizes slavery1 and that1 upon the cession of new territories1 the constitution1 by some magical and incomprehensible elasticity1 extends itself over them1 and carries slavery into them1 ,i think ,i speak with all due respect when ,i say it does not come up to the dignity of a sophism4 ,where do strict constructionists1 or even latitudinarian constructionists1 find any clause1 or phrase1 or word1 which shows that the constitution is any thing but a compact between states8 ,where do they find any thing that shows it to be a compact between territories1 or between territories and states conjoined8 ,on its very face1 the constitution meets this pretension with a denial4 ,the preamble declares1 8,we the people of the ,united ,states10--not the people of the territories1 nor the people of the states and territories1--8in order to form a more perfect ,union10--8do ordain and establish this constitution for the ,united ,states of ,america40 ,if the constitution is a compact between the ,united ,states and the territories1 then the people of the territories have all the rights under it which the people of the states have1--the right to choose electors for ,president and ,vice-,president1 c41 and to be represented in ,congress by a member who can vote as well as speak4 ,the only way in which the constitution ever was extended1 or ever can be extended over any part of the earth's surface outside of the 8original thirteen10 is this3 ,the constitution in express terms authorizes the admission of new states1 and therefore1 when a new state is admitted1 it becomes one of these 8,united ,states of ,america40 ,the constitution does not extend over the territories1 but ,congress1 being the creature of the constitution1 is1 when legislating for the territories1 not only invested with constitutional powers1 but is limited by constitutional restrictions4 ,it would have been a much more plausible pretension1 when the purchase of ,louisiana and ,florida was made1 that the constitution carried freedom into those territories2 because the constitution was built upon the basis of the common law1 and1 in terms1 adopts the common law for its legal processes and its rules of judicial interpretation2 and every body knows that there is no principle more dear to the common law than that all treaties1 statutes1 and customs shall be construed in favor of life and in favor of liberty4 ,having1 as ,i trust1 refuted the argument of the slaveholder1 that the prohibition of slavery in the territories is an act of injustice to his rights1 ,i will consider his next assertion1 that it is an insult to his feelings4 ,we are told that the exclusion of slavery from the territories is an affront to the honorable sensibilities of the south2 and that acquiescence in this exclusion would involve their dishonor and degradation4 ,there are two answers to this complaint4 ,the first is1 that among gentlemen1 no insult is ever offered where none is intended4 ,there may be heedlessness of conduct1 there may be an unintentional wounding of sensibilities2 but there can be no affront where the design to affront is wanting4 ,he is not a gentleman1 but a poltroon and a braggart1 who pretends he is insulted and proceeds to retaliate for the affront1 when all insult and all affront are sincerely disclaimed4 ,now1 it is infinitely far from the purpose of the north to offer any indignity to the south by excluding slavery from the territories4 ,their hostility to slavery grows out of an honest allegiance to what they believe to be the highest moral and religious duty2 it is fortified by the opinions of mankind2 and is perfectly compatible with the most fraternal feelings towards the south4 ,they wish to expostulate1 in regard to the wrong1 in such a way as to arrest the wrong1 and not1 by inflaming the wrongdoer1 to increase the evil4 ,however erroneous1 then1 their language or their sentiments may be1 they are not affrontive nor contumelious2 and1 when all such purpose is disavowed1 those who aspire to stand on the footing of gentlemen cannot reiterate the charge4 ,but there is another consideration1--one which appertains to the party supposed to be insulted1 rather than the party charged with the insult4 ,in his 8,theory of ,moral ,sentiments10 ,adam ,smith maintains that it is the judgment of men1--the opinion of the bystanders1--that gives us the pleasure of being approved1 or the pain of being disapproved1 on account of our conduct4 ,now1 in this contest between the north and the south1 on the subject of extending slavery1 who are the bystanders8 ,they are the civilized nations of the earth4 ,we1 the north and the south1 are contending in the arena4 ,all civilized men stand around us4 ,they are a ring of lookers-on4 ,it is an august spectacle4 ,it is a larger assemblage than ever witnessed any other struggle in the history of mankind2 and their shouts of approbation or hisses of scorn are worthy of our heed4 ,and what do these spectators say1 in the alternations of the combat8 ,do they urge on the south to mightier efforts1 to the wider spread of slavery1 and the multiplication of its victims8 ,do they shout when she triumphs8 ,when new chains are forged and riveted1 when new realms are subdued by haughty taskmasters1 and overrun by imbruted slaves1 do their plaudits greet your ears and rouse you to more vehement efforts8 ,all the reverse2 totally the reverse4 ,they are now looking on with disgust and abhorrence4 ,they groan1 they mock1 they hiss4 ,the brightest pages of their literature portray you1 as covered with badges of dishonor2 their orators hold up your purposes as objects for the execration of mankind2 their wits hurl the lightnings of satire at your leaders2 their statute books abound in laws in which institutions like yours are branded as crimes2 their moralists1 from their high and serene seats of justice1 arraign and condemn you2 their theologians find your doom of retribution in the oracles of ,god4 ,england has abolished slavery4 ,france1 in one fervid moment of liberty1 struck the chains from off all her slaves1 as the bonds of ,paul and ,silas were loosed in the inner prison by the mighty power of ,god4 ,sweden has abolished it4 ,more than twenty years ago1 impotent1 half-civilized ,mexico did the same4 ,tunis1 a ,barbary state1 and1 ,i might add1 a barbarous state1 has abolished slavery4 ,mahometanism precedes ,christianity1 and sets it an example of virtue4 ,liberia1 a republic of emancipated slaves1 the very brothers and sisters of those whom you now hold in bondage1 has been acknowledged as an independent sovereignty1 and welcomed into the family of nations1 by two of the most powerful governments on the globe4 ,by this act1 freedom secures a new domain on the eastern continent1 while you are striving to give a new domain to bondage on the western4 ,a monarchy hails the advent of a free nation in ,africa1 where slavery existed before2 a republic is seeking to create ten thousand absolute despotisms in ,america1 where freedom existed before4 ,now1 these are the bystanders and lookers-on in this grand and awful contestation4 ,they are all agreed1 as one man1 in their opinions about it4 ,they are unitedly visiting your course with execration and anathema4 ,there is not a nation on the globe1 that has a printing press and a people that can read1 from which you can extort one token of approval4 ,i would agree to submit the question now at issue between the north and the south to the arbitrament of any people on the face of the earth1 not absolutely savage1 and to abide its decision4 ,nay1 the wild tribes of the ,caucasus and of ,upper ,india1 who have defended themselves so nobly against aggression1 would spurn your claim and deride its pretexts4 ,and yet you say you are insulted1 dishonored1 disgraced in the eyes of mankind1 if you are not permitted to bring down upon our heads1 also1 the curses they are pouring upon yours4 ,so far is this from truth1 that if you would promptly and cheerfully consecrate the new territories to freedom1 every nation in the world would send their plaudits of your conduct to the skies4 ,but gentlemen of the south not only argue the question of right and of honor2 they go further1 and they tell us what they will proceed to do if we do not yield to their demands4 ,a large majority of the southern legislatures have solemnly 8resolved0 that if ,congress prohibits slavery in the new territories1 they will resist the law 8at any and at every hazard40 ,and yet they say they do not mean to threaten us4 ,they desire to abstain from all language of menace1 for threats and menaces are beneath the character of gentlemen4 ,sir1 what is the meaning of the terms 8threats0 and 8menaces80 ,mr4 ,troup1 formerly governor of ,georgia1 speaking of us who are upon this floor1 and of others who resist the extension of slavery1 calls each of us a 8fanatic40 ,he says that it is only the dread of death that will stay our hands or stop our machinations2 and then adds1 8,,that ,,dread ,,you ,,must ,,present ,,to ,,him ,,in ,a ,,visible1 ,,palpable ,,form40 8,if10 he says in another place1 8the abolitionists resolve to force emancipation1 or to force dishonor upon the southern states by any act of ,congress1 then it is my decided opinion that1 with the military preparation here indicated1 conjoined to a good volunteer instead of a militia system1 ,,the ,,state ,,should ,,march ,,upon ,,washington ,,and ,,dissolve ,,the ,,government40 ,the gentleman from ,north ,carolina1 ,mr4 ,,clingman1 forewarns us that if certain measures1--and they are legal and constitutional measures which he indicates1--are taken in order to carry on the business of legislation in this ,house1 the ,house itself shall be the 8,lexington0 of a new revolution1 and that 8such a struggle would not leave a quorum to do business40 ,i could occupy my hour in citing passages of a similar character from the southern press and from southern men4 ,now1 if these are not threats1--threats most gross1 flagrant1 and offensive1--,i know not the meaning of the word4 ,perhaps those who utter such sentiments are only practising an inversion of language equal to their inversion of ideas on this subject1 and would call them 8enticements20 like the sailor1 who said he was enticed to join a mutiny1 and being asked what arts had been used to entice him1 said that the ringleader sprang at him with a handspike1 and swore if he did not join it he would knock out his brains4 ,and do those gentlemen who make these threats soberly consider how deeply they are pledging themselves and their constituents by them8 ,threats of dissolution1 if executed1 become rebellion and treason4 ,the machinery of this government is now moving onward in its majestic course4 ,custom-houses1 post-offices1 land-offices1 army1 navy1 are fulfilling their prescribed circle of duties4 ,they will continue to fulfil them until arrested by violence4 ,should the hand of violence be laid upon them1 then will come that exigency expressly provided for in the constitution and in the ,president's inaugural oath1 8,,to ,,take ,,care ,,that ,,the ,,laws ,,be ,,faithfully ,,executed40 ,mr4 ,chairman1 such collision would be war4 ,such forcible opposition to the government would be treason4 ,its agents and abettors would be traitors4 ,wherever this rebellion rears its crest1 martial law will be proclaimed2 and those found with hostile arms in their hands must prepare for the felon's doom4 ,sir1 ,i cannot contemplate this spectacle without a thrill of horror4 ,if the two sections of this country ever marshal themselves against each other1 and their squadrons rush to the conflict1 it will be a war carried on by such powers of intellect1 animated by such vehemence of passion1 and sustained by such an abundance of resources1 as the world has never before witnessed4 8,ten foreign wars10 it has been well said1 8are a luxury compared with one civil war40 ,but ,i turn from this scene with a shudder4 ,if1 in the retributive providence of ,god1 the volcano of civil war should ever burst upon us1 it will be amid thunderings above1 and earthquakes below1 and darkness around2 and when that darkness is lifted up1 we shall see this once glorious union1--this oneness of government1 under which we have been prospered and blessed as ,heaven never prospered and blessed any other people1--rifted in twain from east to west1 with a gulf between us wide and profound1 save that this gulf will be filled and heaped high with the slaughtered bodies of our countrymen2 and when we rewaken to consciousness1 we shall behold the garments and the hands of the survivors red with fratricidal blood4 ,and what is the object for which we are willing to make this awful sacrifice8 ,is it to redeem a realm to freedom8 ,no6 ,but to subjugate a realm to slavery4 ,is it to defend the rights of man8 ,no6 ,but to abolish the rights of man6 ,mr4 ,,bowdon4 ,does not the gentleman think that such a picture as he has drawn would induce the north to yield a portion of the new territories to the institution of slavery8 ,mr4 ,,mann4 ,i trust that no pictures and no realities will ever induce us to extend slavery beyond its present limits4 ,beyond those limits1 8,no more slave territories1 no more slave states10 is the doctrine by which ,i1 for one1 shall live and die4 ,now1 sir1 as this event of a dissolution of the ,union is so frequently forced upon our contemplation1 ,i propose to occupy the residue of my hour in considering some of its more obvious consequences4 ,southern papers and southern resolution writers have a favorite phrase1 that if ,congress shall pass any law against the extension of slavery1 they will resist it 8at any and every hazard40 ,let us inquire1 soberly1 what a few of these hazards are3-- ,first1 as to the recovery1 or non-recovery1 of fugitive slaves1 which is one of the alleged provocatives of dissolution4 ,take a map of the ,southern ,states and spread it out before you4 ,although they cover an area of about nine hundred thousand square miles1 yet it is a very remarkable fact1 that only an insignificantly small portion of this vast extent lies more than two hundred and fifty miles from a free frontier2 and those parts which do lie beyond this distance hold but few slaves4 ,those portions of ,north ,carolina1 ,south ,carolina1 ,georgia1 ,alabama1 and ,tennessee1 where their upper boundaries converge among the mountains1 are a little more than this distance from a free border2 but this territory is relatively insignificant in size1 and sparsely populated with slaves4 ,an outside belt or border region of the slave states1 no part of which shall be more than one hundred miles from a free frontier1 would embrace nearly one half of their whole area2 and1 as ,i suppose1 much more than one half of their whole slave population4 ,what is to prevent the easy escape of slaves living within these limits8 ,while ,god sends nights upon the earth1 nothing can prevent it4 ,i venture to predict1 that in such a state of things1 slaves will become cheap1 and horses will become dear4 ,i am aware of your laws which forbid slaves to cross bridges or ferries1 without a pass2 but you can have no law against seasons of low water4 ,the old adage says1 8riches have wings40 ,you will find that these riches have legs4 ,the ,mississippi and ,ohio ,rivers1 where they border upon free states1 will be alive as with shoals of porpoises4 ,remember there is no constitution of the ,united ,states now4 ,that you have broken4 ,the free states are therefore absolved from all obligation to surrender fugitives4 ,the law of #agic is at an end4 ,no action can be maintained for aiding them to escape1 nor for harboring or concealing them4 ,the distinguished senator from ,kentucky1 ,mr4 ,,clay1 said1 in his late speech1 that no instance had ever come to his knowledge where an action for harboring runaways had not been maintained in the courts of the free states1 and damages recovered4 ,but this remedy you will have annulled4 ,the constitution of the ,united ,states1 and the law of #agic1 being at an end1 the law of nature revives4 ,by this law1 every case of an escaping slave is but the self-recovery of stolen goods4 ,when they cross the line into a free state1 they are free1--as free as you or ,i4 ,the states being separated1 ,i would as soon return my own brother or sister into bondage1 as ,i would return a fugitive slave4 ,before ,god1 and ,christ1 and all ,christian men1 they are my brothers and sisters4 ,as our laws make it piracy to kidnap slaves in ,africa1 or to ship them thence1 so it shall be a felony1 punishable with death1 for any southern master to kidnap a colored man1 in a free state1 or transport him from it1 on the ground of alleged ownership4 ,you are fond of quoting ,scripture to us1 in justification of slavery4 ,we will retort the ,scripture1 that 8he that stealeth a man1 and selleth him1 or if he be found in his hand1 he shall surely be put to death40 ,here1 then1 is a free land frontier of about two thousand miles1 and a free ocean frontier of about twenty-five hundred miles2 and more than one half of all your slaves are within two days' run of it4 ,more than one quarter of them are within one night's run of it4 ,thousands and tens of thousands can escape1 even while you are dining4 ,canada1 now so distant1 is brought five hundred miles nearer4 ,the under-ground railroad will be abandoned1 and its stock so invested as to yield quicker returns4 ,what facilities for escape1 too1 will the ocean present4 ,fleets of vessels are constantly passing and repassing within a few hours' sail of the coast4 ,the day for the power and the triumph of those whom you hate as abolitionists will have arrived4 ,steamboats could lie out of sight of land in the day time1 run in at night1 and be out of sight again before the rising of the sun4 ,to guard twenty-five hundred miles of coast is impossible4 ,if you declare war in order to avenge your losses1 then that war makes your coast lawfully accessible both by day and by night1 and multiplies a hundred fold the opportunities and facilities for this self-recovery of stolen goods4 ,i know it is said that some of the ,northern ,states are averse to the reception of blacks4 ,let us analyze this idea4 ,there are now by estimation three millions of slaves4 ,say one half of these are either too old or too young to have the strength or the intelligence to escape4 ,a million and a half are left2 five hundred thousand of these will have attachments to their own parents or children1 or to their masters1 too strong to be broken2 or they may be so degraded as to be contented with bondage2 for their contentment is always one of the measures of their degradation4 ,this would leave a million for fugitives1 consisting wholly of the most able bodied and intelligent4 ,the ,northern ,states comprise a territory of five hundred thousand square miles4 ,a million of escaped slaves would give but two to a square mile1 and this surely would not be a formidable number1 even where colorphobia is strongest4 ,suppose the case of a family of fourteen slaves1--two grandparents1 too decrepit for labor1 six athletic sons or daughters1 and six grand children4 ,what but affection should prevent the able-bodied and the profitable from escaping1 and leaving the aged and the young on their masters' hands4 ,affection1 indeed1 would bind the parents to their children1 but they know too well how often this bond is remorselessly broken by the master2 and1 besides1 an enlightened affection would look to future children and their posterity forever1 as well as to those they already have4 ,will you make your laws horribly penal1 in order to deter slaves from escaping by fear8 ,will you mutilate them1 or scourge them till within a minute of death8 ,do so4 ,all such punishments not only nourish the love of freedom1 but breed the purpose of revenge2 and it is a kind of lesson which a brutalized nature is always prone to retaliate with improvements4 ,will you make the act of escape a capital offence in a slave1 and destroy the victim you cannot restrain8 ,do so4 ,though you may inflict death in a paroxysm of wrath1 yet of all your penal dispensations it is the most merciful4 ,it not only releases the slave himself1 but is a prospective and perpetual amnesty1--a true act of oblivion1--for all his descendants4 ,but this extremity of punishment is not likely to be resorted to4 ,in looking over the criminal codes of the slave states1 ,i think ,i have noted cases where the slave is not punished with death for an offence for which a white man is4 ,the value moderates the vengeance4 ,there are not many who1 like ,cleopatra1 can afford to dissolve a pearl in the cup of revenge1 and swallow it at a draught1 when that pearl will command five hundred or a thousand dollars in the market-place4 ,southern gentlemen1 when they threaten disunion1 cannot surely be so much at fault as to forget that slavery exists here as it never existed before in the world4 ,in ,greece there were slaves2--in some cases1 highly intelligent and accomplished slaves4 ,they could have escaped if they would2 but where should they escape to8 ,all coterminous nations1--the whole circle round1--were barbarians4 ,these slaves1 therefore1 had no place to flee to1 where better institutions and juster laws prevailed4 ,so it was with ,rome4 ,whither could her slaves fly but to barbarous ,spain1 or more barbarous ,gaul1 or to some nation whose language they did not understand4 ,ignorance of language is a more insuperable barrier than mountains or oceans4 ,it is just the reverse here4 ,the ,english language is spoken on all sides2 and our slave land is encircled by free land or free ocean1--,jamaica1 the ,bermudas1 and two thousand miles of northern frontier4 ,and ,i have lately seen an estimate from a credible source1 that if an inter-oceanic canal should be opened across the ,isthmus of ,darien1 twelve hundred ships would annually pass through it2 and1 as they sail to and fro1 they will skirt the whole of your gulf coast1 and the whole of your ,atlantic coast1 a great part of the voyage being within sight1 or within a day's sail1 of your shores4 ,now1 the ignorant slave knows but little of geography1 but he would know of these avenues to freedom1 and nothing but death could extinguish such knowledge and the hopes it would inspire4 ,i say1 sir1 under such circumstances1 slavery would melt away upon your borders like an iceberg in the tropics4 ,the particles1 that is1 the individuals of the exposed surface1 would disappear2 and you might as well attempt to stop solar evaporation by statutory laws1 as to prevent their escape4 ,perhaps a dissolution of the ,union is the means foreordained by ,god for the extinction of slavery2 and did ,i not foresee its doom before any very long period shall have elapsed1 without the unspeakable horrors of a civil and a servile war1 ,i cannot say to what conclusion the above considerations would lead my own mind4 ,having shown how the 8redress0 of disunion will operate upon one of the grievances alleged as its motive and excuse1 let us look at another of those 8hazards10 whose list1 of indefinite length1 the south is so willing to brave4 ,in case of rebellion or secession1 to whom will the territories belong8 ,it is the rule of political as well as of municipal law1 that whoever retires from a community1 leaves its common property behind him4 ,i have a direct interest and proprietorship in the church in my parish1 in the schoolhouse in my town1 and in the state-house and other public property belonging to my state4 ,but if ,i expatriate myself1 ,i leave all that interest and proprietorship behind me4 ,if the county of ,brooke1 in ,virginia1 should secede from the ,state of ,virginia1 and should annex itself to ,ohio or ,pennsylvania1 no one doubts that it would forfeit all its rights to whatever public property the ,state of ,virginia possesses4 ,in like manner1 if the 8,united ,states ,south0--as the new confederacy has already been named by the 8,richmond ,enquirer10--should secede1 they would1 by the very act of secession1 surrender and abandon all right1 title1 and interest in the new territories4 ,by such secession1 all their citizens become foreigners4 ,they have no rights under the treaty with ,mexico4 ,the new ,spanish citizen1 whose allegiance was transferred by the treaty with ,mexico1 and whose citizenship is not yet two years old1 would have a right to expel them4 ,the 8,united ,states ,south10 it is true1 may declare war1 and attempt the conquest of the territories by force2 but in such a contest1 the army and navy and military stores of the government1 which1 also1 they have lost by secession1 will be turned against them4 ,but1 ,i venture to prophesy1 that if the slave states shall pass through one war1 single-handed1 they will afterwards be the most peaceable nation the world ever saw4 ,to every frontier country and to every naval power1 they have given three millions of hostages for their good behavior4 ,let us look at a third grievance they mean to redress1 and a third 8hazard0 they are ready to encounter4 ,they complain of northern agitation on the subject of slavery1 and northern instigation of the slaves themselves4 ,on the subject of 8agitation10 ,i deny that the north has ever overstepped the limits of their constitutional rights4 ,they have never agitated the question of slavery in the states4 ,it has been only in regard to slavery in this ,district1 or the annexation of ,texas1 or the acquisition of territory for the extension of slavery1 or the imprisonment of her own citizens in southern ports1 or a denial of the inviolable right of petition2--it has been only on such subjects that the north has lifted up the voice of expostulation and remonstrance4 ,even these constitutional rights she has used forbearingly4 ,she has never exerted force1 nor threatened force1 either to maintain the right of petition or to liberate her own citizens imprisoned in southern jails4 ,in regard to instigating slaves to escape1 ,i acknowledge there have been some instances of it2 but they have been few4 ,the perpetrators have been tried and severely punished1 and the north has acquiesced2 for they acknowledge that1 if a man will go into a slave state and violate its laws1 he must be judged by them4 ,but ,i have never known of a single case1--,i believe there is no well-authenticated case on record1--where a northern man has instigated the slaves to rise in rebellion1 and to retaliate upon their masters for the wrongs which they and their race have suffered4 ,as ,i dread indiscriminate massacre and conflagration1 ,i should abhor the perpetrator of such a crime4 ,but will separation bring relief or security8 ,no1 sir2 it will enhance the danger a myriad fold4 ,thousands will start up1 who will think it as much a duty and an honor to assist the slaves in any contest with their masters1 as to assist ,greeks1 or ,poles1 or ,hungarians1 in resisting their tyrants4 ,two things exist at the north which the south does not duly appreciate1--the depth and intensity of our abhorrence of slavery1 and that reverence for the law which keeps it in check4 ,the latter counterpoises the former4 ,we are a law-abiding people4 ,but release us from our obligations1 tear off from the bond with your own hands the signatures which bind our consciences and repress our feelings1 destroy those compensations which the world and which posterity would derive from a continuance of this ,union1 and well may you tremble for the result4 ,i have seen fugitive slaves at the north1 and heard from their own lips the dreadful recital of their wrongs3 and if ,i am any judge of the natural language of men2 if ,i can divine from the outward expression what passions are burning within1 each one of them had a hundred conflagrations and a hundred massacres in his bosom4 ,they felt as you and ,i should feel if we had been subjected to ,algerine bondage4 ,and do you doubt1 sir1 does any southern gentleman on this floor doubt1 for one moment1 that if he were seized by a ,barbary corsair and sold into ,algerine bondage1 and carried a hundred miles into the interior1 that he would improve the first opportunity to escape1 though at every step in his flight he should crush out a human life1 and should leave an ever-widening expanse of conflagration behind him8 ,if agitation and instigation are evils now1 woe to those who would seek to mitigate or to repress them by the remedies of disunion and civil war4 ,let men who live in a powder-mill beware how they madden pyrotechnists4 ,but it is said that if dissolution occurs1 the 8,united ,states ,south0 can form an alliance with ,great ,britain4 ,and are there no instigators and abolitionists in ,england8 ,yes1 sir1 ten in ,england where there is one at the north4 ,frederick ,douglass has just returned from ,england1 where he has enjoyed the honors of an ovation4 ,william ,wells ,brown1 another fugitive slave1 is now travelling in ,england4 ,his journeys from place to place are like the 8progresses0 of one of the magnates of that land1--passing wherever he will with free tickets1 and enjoying the hospitalities of the most refined and educated men4 ,the very last steamer brought out an account of his public reception at ,newcastle4 ,an entertainment was given him which was attended by four hundred ladies and gentlemen4 ,men of high distinction and character adorned it by their presence4 ,the ladies made up a purse of twenty sovereigns1 which they gave him4 ,it was presented in a beautiful purse that one of their number1--the successful competitor for the honor1--had wrought with her own hands4 ,all their generosity and kindness they considered as repaid by hearing from his own lips the pathetic story of his captivity and the heroism of his escape4 ,sir1 every man who has travelled in ,england knows that there are large1 wealthy1 and refined circles there1 no member of which would allow a slaveholder to sit at his table or enter his doors4 ,not only churches1 but moral and religious men1 the world over1 have begun to read slaveholders out of their communion and companionship4 ,if the south expects to rid itself of agitation and abolitionism by rupturing its bonds with the north and substituting an alliance with ,great ,britain for our present constitution1 they may envy the wisdom of the geese who invited the fox to stand sentinel over them while they slept4 ,northern interference will increase a hundred fold2 and the whole power and wealth of ,british abolitionism1 not only founded on moral principle but nursed by national pride1 will be brought to bear directly upon them4 ,i said that the slave does not know much of geography2 but he understands enough of it to know where lies the free frontier4 ,the slave does not know much of astronomy2 but there is one star in the firmament which is dearer to him than all the heavenly host were to the ,chaldeans4 ,he worships the north star with more than ,persian idolatry4 ,but let the south form commercial alliances with ,great ,britain2 let the carrying trade be carried on in ,british vessels2 and the slave will find a star in the east as beautiful to his eye1 and as inspiring to his hopes1 as the star in the north4 ,is the case of the ,amistad forgotten1 where a few ignorant1 degraded wretches1 fresh from the jungles of benighted ,africa herself1 seized upon the vessel in which they were transported1 and compelled the master1 under peril of his life1 to steer for the north star1--that light which ,god kindled in the heavens1 and which he will as soon extinguish as he will extinguish the love of liberty which he has kindled in every human breast8 ,and will a slave1 escaping to ,great ,britain1 or to any of her colonial possessions1 be reclaimable8 ,examine ,somerset's case for an answer4 ,no1 sir4 ,neither the third clause of the second section of the fourth article of the constitution1 nor the law of #agic1 will ever be extended over the ,three ,kingdoms or their dependencies4 ,it surely is not beneath the dignity of the place or the occasion to look at another of those 8hazards0 which the south are invoking4 ,they are proud of their past history1 and ,i doubt not their reflecting and patriotic men are at least reasonably solicitous of their future fame4 ,when they meet in august council to inaugurate the great event of establishing an independent confederacy of slave states1 and of dissolving the political bands which now unite them with us1 8a decent respect to the opinions of mankind0 will 8require them to declare the causes which had impelled them to the separation40 ,and will they find a model for their manifesto in that glorious ,declaration of ,american ,independence which their own immortal ,jefferson prepared1 and to which many of the greatest of all their historic names are subscribed8 ,alas1 they will have to read that ,declaration1 as the devil reads ,scripture1 backwards6 ,i know not what may be the rhetorical terms and phrases of the new ,declaration1 but ,i do know that its historic form and substance cannot be widely different from this3-- 8,we hold these truths to be self-evident1 that men are not created equal2 that they are not endowed by their ,creator with inalienable rights2 that white men1 of the ,anglo-,saxon race1 were born to rob1 and tyrannize1 and enjoy1 and black men1 of the ,african race1 to labor1 and suffer1 and obey2 that a man1 with a drop of ,african blood in his veins1 has no political rights1 and therefore shall never vote2 that he has no pecuniary rights1 and therefore whatever he may earn or receive1 belongs to his master2 that he has no judicial rights1 and therefore he shall never be heard as a witness to redress wrong1 or violence1 or robbery1 committed by white men upon him2 that he has no parental rights1 and therefore his children may be torn from his bosom1 at the pleasure or caprice of his owner2 that he has no marital rights1 and therefore his wife may be lawfully sold away into distant bondage1 or violated before his eyes2 that he has no rights of mind or of conscience1 and therefore he shall never be allowed to read or to think1 and all his aspirations for improvement shall be extinguished2 that he has no religious rights1 and therefore he shall never read the ,bible2 that he has no heaven-descended1 ,god-given rights of freedom1 and therefore he and his posterity shall be slaves forever4 ,we hold that governments were instituted among men to secure and fortify this ascendency of one race over another2 that this ascendency has its foundation in force ratified by law1 and in ignorance and debasement inflicted by intelligence and superiority2 and when any people1 with whom we are politically associated1 would debar us from propagating our doctrines or extending our domination into new realms and over free territories1 it becomes our duty to separate from them1 and to hold them1 as we hold the rest of mankind1--friends when they make slaves1 enemies when they make freemen40 ,i say1 sir1 of whatever words and phrases the southern 8,magna ,charta0 may consist1 this1 or something like this1 must be its substance and reality4 ,so the preamble to their constitution must run in this wise3 8,we1 the people of the #8,united ,states ,south1' in order to form a more perfect conspiracy against the rights of the ,african race1 establish injustice1 insure domestic slavery1 provide for holding three millions of our fellow-beings1 with all the countless millions of their posterity1 in bondage1 and to secure to ourselves and our posterity the enjoyment of power1 and luxury1 and sloth1 do ordain and establish this constitution for the #8,united ,states ,south4'0 ,sir1 should a civil war ensue between the north and the south1 7which may ,god in his mercy avert17 in consequence of an attempt to dissolve this ,union1 and the certain resistance which would be made to such an attempt1 it would be difficult to exaggerate the immediate evils which would befall the interests of ,new ,england and some other parts of the north4 ,our manufactures and our commerce would suffer at least a temporary derangement4 ,but we have boundless resources in our enterprise and our intelligence4 ,knowledge and industry are recuperative energies that can never long be balked in their quest of prosperity4 ,the people that bore the embargo of #ahjg1 and the war of #ahab1 when all their capital was embarked in commerce1 can survive any change that does not stop the revolution of the seasons or suspend the great laws of nature4 ,and1 when the day of peace again returns1 business will again return to its old channels4 ,the south1 notwithstanding any personal hostility1 will be as ready to take northern gold as though it had come from the ,english mint2 and they will employ those first1 who will do their manufacturing or their commercial labor cheapest and best4 ,gold is a great pacificator between nations2 and1 in this money-loving age1 mutual interests will1 in the end1 subdue mutual hostilities4 ,our share1 therefore1 of the calamities of a civil war1 will be mainly of a pecuniary nature4 ,they will not be intolerable4 ,they will invade none of the securities of home2 they will not associate poison with our daily food1 nor murder and conflagration with our nightly repose2 nor black violation with the sanctities of our daughters and our wives4 ,even in a pecuniary point of view1 a dissolution of our political ties would cause less immediate and intense suffering at the north than at the south4 ,our laws and institutions are all framed so as to encourage the poor man1 and1 by education1 to elevate his children above the condition of their parents2 but their laws and institutions all tend to aggrandize the rich1 and to perpetuate power in their hands4 ,were it not for the visions of horror and of bloodshed which southern threats have so intimately associated with this controversy1 one remarkable feature1 which has hitherto been eclipsed1 would have been most conspicuous4 ,with every philanthropic northern man1 a collateral motive for keeping the new territories free is1 that they may be a land of hope and of promise to the poor man1 to whichever of all our states he may belong2 where he may go and find a home and a homestead and abundance4 ,but the south1 in attempting to open these territories to the slaveholders1 would give them to the rich alone1--would give them to less than three hundred thousand persons out of a population of six millions4 ,the interests of the poorer classes at the south all demand free territory1 where they can go and rise at once to an equality with their fellow-citizens1 which they never can do at home4 ,they are natural abolitionists1 and unless blinded by ignorance1 or overawed by their social superiors1 they will so declare themselves4 ,every intelligent and virtue-loving wife or mother1 at the south1 when she thinks of her husband and her sons1 is forced to be an abolitionist4 ,the attempt1 therefore1 to subject the new territories to the law of slavery is not made in the name of one half of the people of the ,united ,states2 it is not made for the six millions1 more or less1 who inhabit the slave states2 but it is made for less than three hundred thousand slaveholders among more than twenty millions of people4 ,there is one other 8hazard10 sir1 which the south invokes and defies1 which to her high-minded and honor-loving sons1 should be more formidable than all the rest4 ,she is defying the ,spirit of the ,age4 ,she is not only defying the judgment of contemporaries1 but invoking upon herself the execrations of posterity4 ,mark the progress in the public sentiment of ,christendom1 within the last few centuries1 on the subject of slavery and the rights of man4 ,after the discovery of this continent by ,columbus1 the ecclesiastics of ,spain held councils to discuss the question1 whether the aborigines of this country had or had not souls to be saved4 ,they left this question undecided2 but they said1 as it was possible that the nations of the new world might have an immortal spirit1 they would send them the gospel1 so as to be on the safe side2 and the mission of ,las ,casas was the result4 ,in the time of ,lord ,coke1 only a little more than two centuries ago1 the doctrine was openly avowed and held1 in ,westminster ,hall1 that the heathen had no rights2 and therefore that it was lawful for ,christians to drive them out of their inheritance1 and to despoil them1 as the ,jews despoiled the ,egyptians and drove out the ,canaanites4 ,during the seventeenth century1 all the commercial nations of ,europe engaged in the ,african slave trade1 without compunction or reproach4 ,in the last1 or eighteenth century1 the horrors of that trade were aggravated and blackened by such demoniacal atrocities1 as1 were it not for some redeeming attributes among men1 would have made the human race immortally hateful4 ,even when our own constitution was formed1 in #aghg1 this dreadful traffic was not only sanctioned1 but a solemn compact was entered into1 by which all prohibition of it was prohibited for twenty years4 ,yet1 in the year #ahbj1 after the lapse of only thirty-three years1 this very trade was declared to be piracy1--the highest offence known to the law1--and the felon's death was denounced against all principals and abettors4 ,we are often reminded by gentlemen of the south1 that1 at the time of the adoption of that constitution1 slavery existed in almost every state in the ,union2 and that some northern merchants1 by a devilish alchemy1 transmuted gold from its tears and blood4 ,but can they read no lesson as to the progress of the age from the fact that all those states have since abjured slavery of their own free will2 and that1 at the present day1 it would be more tolerable for any northern merchant1 rather than to be reasonably suspected of the guilt of this traffic1 to be cast into the fiery furnace of ,nebuchadnezzar1 seven times heated8 ,in ,europe1 the tide of liberty1 though meeting with obstructions from firm-seated dynasties and time-strengthened prerogative1 still rises1 and sweeps onward with unebbing flow4 ,in ,france1 revolutions follow each other in quicker and quicker succession4 ,these revolutions are only gigantic struggles of the popular will to escape from oppression2 and1 at each struggle1 the giant snaps a chain4 ,great ,britain1 which in former times sent more vessels to the coast of ,africa to kidnap and to transport its natives1 than all the other nations of the earth together1 now maintains a fleet upon the same coast to suppress the trade she so lately encouraged4 ,three times1 during the present century1 has that government escaped civil commotion by making large concessions to popular rights4 ,since the year #ahad1 written constitutions have been extorted by the people from more than three fourths of all the sovereigns of ,europe4 ,what a tempest now beats upon ,austria1 from all points of the compass1 because1 during the last season1 she attempted only to half enslave the ,hungarians1--because she attempted to do what1 during the last century1 she might have done without a remonstrance6 ,the rights of individuals1 not less than the rights of communities1 have emerged from oblivion into recognition1 and have become law4 ,penal codes have been ameliorated1 and barbarous customs abolished4 ,there are now but two places on the globe where a woman can be publicly whipped1--in ,hungary and in the ,southern ,states6 ,and the universal scorn and hissing with which the rulers of the former country have been visited for their women-whipping1 and their execution of those whose sole crime was their love of freedom1 only foretoken that fiercer scorn and louder hissing with which1 from all sides of the civilized world1 the latter will soon be visited4 ,let the high-toned and chivalrous sons of the south1--those 8who feel a stain upon their honor like a wound10--think of all this1 as one in the long catalogue of 8hazards0 upon which they are rushing4 ,sir1 the leading minds in a community are mainly responsible for the fortunes of that community4 ,under ,god1 the men of education1 of talent1 and of attainment1 turn the tides of human affairs4 ,where great social distinctions exist1 the intelligence and the wealth of a few stimulate or suppress the volition of the masses4 ,they are the sensorium of the body politic1 and their social inferiors are the mighty limbs1 which1 for good or for evil1 they wield4 ,such is the relation in which the three hundred thousand1 or less than three hundred thousand slave owners of the south1 hold to their fellow-citizens4 ,they can light the torch of civil war1 or they can quench it4 ,but if civil war once blazes forth1 it is not given to mortal wisdom to extinguish or control it4 ,it comes under other and mightier laws1 under other and mightier agencies4 ,human passions feed the combustion2 and the flame which the breath of man has kindled1 the passions of the multitude1--stronger than the breath of the hurricane1--will spread4 ,among these passions1 one of the strongest and boldest is the love of liberty1 which dwells in every bosom4 ,in the educated and civilized1 this love of liberty is a regulated but paramount desire2 in the ignorant and debased1 it is a wild1 vehement instinct4 ,it is an indestructible part of the nature of man4 ,weakened it may be1 but it cannot be destroyed4 ,it is a thread of asbestos in the web of the soul1 which all the fires of oppression cannot consume4 ,with the creation of every human being1 ,god creates this love of liberty anew4 ,the slave shares it with his master1 and it has descended into his bosom from the same high source4 ,whether dormant or wakeful1 it only awaits an opportunity to become the mastering impulse of the soul4 ,civil war is that opportunity4 ,under oppression it bides its time4 ,civil war is the fulness of time4 ,it is literal truth that the south fosters within its homes three millions of latent rebellions4 ,imbedded in a material spontaneously combustible1 it laughs at fire4 ,has it any barriers to keep the spirit of liberty1 which has electrified the ,old ,world1 from crossing its own borders1 and quickening its bondmen into mutinous life8--not all of them1 but one in ten thousand1 one in a hundred thousand of them4 ,if there is no ,spartacus among them1 with his lofty heroism and his masterly skill for attack and defence1 is the race of ,nat ,turners extinct1 who1 in their religious musings1 and their dumb melancholy1 take the impulses of their own passions for the inspiration of ,god1 and1 after prayer and the eucharist1 proceed to massacre and conflagration8 ,in ignorant and imbruted minds1 a thousand motives work which we cannot divine4 ,a thousand excitements madden them1 which we cannot control4 ,it may be a text of ,scripture1 it may be the contents of a wine vault2 but the result will be the same1--havoc wherever there is wealth1 murder wherever there is life1 violation wherever there is chastity4 ,let this wildfire of a servile insurrection break out in but one place in a state2 nay1 in but ten places1 or in five places in all the fifteen states2 and then1 in all their length and breadth1 there will be no more quiet sleep4 ,not ,macbeth1 but the angel of retribution1 will 8murder sleep40 ,the mother will clasp her infant to her breast1 and1 while she clasps it1 die a double death4 ,but1 where will the slaves find arms8 8,furor arma ministrat40 ,rage will supply their weapons4 ,read the history of those slaves who have escaped from bondage2 mark their endurance and their contrivance1 and let incredulity cease forever4 ,they have hid themselves under coverts2 dug holes and burrowed in the earth for concealment2 sunk themselves in ponds1 and sustained life by breathing through a reed1 until their pursuers had passed by2 wandered in 8,dismal ,swamps10 far away from the habitations of men2 almost fasting for forty days and forty nights1 like ,christ in the wilderness2 crushed themselves into boxes1 but of half a coffin's dimensions1 to be nailed up and transported hundreds of miles1 as merchandise2 and1 in this horrible condition1 have endured hunger and thirst1 and1 standing upon the head1 without a groan or a sigh2--and1 will men1 who devise such things1 and endure such things1 be balked in their purposes of hope and of revenge1 when the angel of destruction1 in the form of the angel of liberty1 descends into their breasts8 ,the state of slavery is always a state of war4 ,in its deepest tranquillity1 it is but a truce4 ,active hostilities are liable at any hour to be resumed4 ,civil war between the north and the south1--any thing that brings the quickening idea of freedom home to the mind of the slave2 that supplies him with facilities of escape1 or immunities for revenge1--will unleash the bloodhounds of insurrection4 ,can you muster armies in secret1 and march them in secret1 so that the slave shall not know that they are mustered and marched to perpetuate his bondage1 and to extend the bondage of his race8 ,was not ,major ,dade's whole command supposed to be massacred through the treachery of a slave8 ,a foray within your borders places you in such a relation to the slave that you are helpless without him1 and in danger of assassination with him4 ,he that defends slavery by war1 wars against the eternal laws of ,god1 and rushes upon the thick bosses of ,jehovah's buckler4 ,such are some of the 8hazards0 which the leaders of public opinion at the south1 the legislators and guides of men in this dark and perilous hour1 are invoking upon themselves and their fellows2 not for the interests of the whole1 but for the fancied interests of the slaveholders alone1 and against the real interest of a vast majority of the people4 ,may ,god give that wisdom to the followers which he seems not yet to have imparted to the leaders4 ,sir1 in these remarks1 ,i have studiously abstained from every thing that seemed to me like retaliation or unkindness4 ,i certainly have suffered no purposed word of crimination to pass my lips4 ,if ,i have uttered severe truths1 ,i have not sought for severe language in which to clothe them4 ,what ,i have said1 ,i have said as to a brother sleeping on the brink of a precipice1 where one motion of his troubled sleeping1 or of his bewildered awaking1 might plunge him into remediless ruin4 ,in conclusion1 ,i have only to add1 that such is my solemn and abiding conviction of the character of slavery1 that under a full sense of my responsibility to my country and my ,god1 ,i deliberately say1 better disunion1--better a civil or a servile war1--better any thing that ,god in his providence shall send1 than an extension of the bounds of slavery4 ,upon the close of ,mr4 ,mann's remarks1 ,,mr4 ,,burt1 of ,south ,carolina1 rose and said that he had not interrupted the gentleman from ,massachusetts during his speech1 but he presumed he did not wish to have any error go forth under the sanction of his name2 and he therefore called upon him to retract what he had said in regard to slaves ever being exempted from capital punishment for crimes for which the whites were executed4 ,he called upon him also to withdraw the imputation that the pecuniary value of the slave was a motive for any such difference in the laws respecting them4 ,he remarked that1 by the laws of the ,southern ,states1 such a distinction is not made4 ,i know1 said he1 no instance in which it exists4 ,on the contrary1 slaves are punished capitally for offences that are not so punished when committed by white men4 ,in ,south ,carolina1 slaves have never been admitted to the benefit of clergy for offences at common law2 and thus a slave is punished capitally for maiming or grievously beating a white man4 ,mr4 ,burt was also understood to say that there were 8six or eight10 or 8eight or ten10 offences in ,south ,carolina for which slaves were punished capitally1 but for which white men were not4 ,,mr4 ,,mann replied that he had stated what he believed to be true2 but if he had fallen into any mistake1 he should be most happy to be corrected4 ,he was assured also by the gentleman from ,georgia1 on his left1 ,mr4 ,,toombs1 that no such distinction existed as he had supposed2 and it was but reasonable to believe that those gentlemen were more conversant with the southern laws than himself4 ,,mr4 ,,mann added that he1 7,mr4 ,mann17 could not be expected to have the statute books of the ,southern ,states before him1 at that time1 to meet so unexpected a denial4 ,neither could he be expected by any honorable gentleman to make a retraction until he had time to see whether the ground he had taken were tenable4 ,,note ,,by ,,mr4 ,,mann4 ,on repairing to the ,law library to ascertain which party was right in regard to the above difference of opinion1 the second book ,i opened contained at least three cases1 where the courts were authorized to sentence a slave to be transported for the commission of an offence1 for which a white man must be unconditionally hung4 ,see ,north ,carolina ,rev4 ,stat4 vol4 i4 chap4 #c1 #cf1 #cg1 #ci4 ,of course1 the reason of this difference is the pecuniary value of the slave4 ,hung1 he would be worthless2 transported to ,cuba1 he might bring five hundred dollars4 ,the law was formerly so in ,mr4 ,burt's own state4 ,in the seventh volume of the ,statutes at ,large of ,south ,carolina1 ,no4 #cdd1 #e1 ,i find the following3 8,and whereas1 it has been found by experience that the execution of several negroes for felonies of a smaller nature1 by which they have been condemned to die1 has been of great charge and expense to the public1 and will continue1 7if some remedy be not found17 to be very chargeable and burdensome to this province2 ,be it therefore enacted1 by the authority aforesaid1 that all negroes or other slaves who shall be convicted and found guilty of any capital crime1 7murder excepted17 for which they used to receive the sentence of death1 as the law directs1 shall be transported from this province1 by the public receiver for the time being1 to any other of his majesty's plantations1 or other foreign part1 where he shall think fitting to send them1 for the use of the public40 ,the slave condemned to transportation was to be appraised1 and his master paid out of the public treasury1 and this amount was1 of course1 to be reimbursed by what should be received from the foreign sale4 ,from the statement of ,mr4 ,burt1 that no such law now exists in ,south ,carolina1 ,i suppose the above enactment must have been repealed4 ,the fact stated in the speech is therefore proved1 although the instances may be fewer than ,i had supposed4 ,as to the motive attributed1 there can be no doubt4 ,the cases are most numerous in the ,southern ,states1 where white men are merely imprisoned for offences for which slaves are whipped1 branded1 and cropped1 or otherwise corporally punished4 ,the slave's time is too valuable to be lost in a prison1 but the white man's is not2 the white man's skin is too sacred to be flayed or branded1 but the slave's is not4 ,but laws which punish 8six or eight10 or 8eight or ten10 or any other number of offences with death1 when committed by slaves1 while the same offences receive a milder penalty when committed by whites2 or laws denying the benefit of clergy1 7where that relic of barbarism still prevails17 to a slave1 while it is granted to a white man1 are surely among the greatest atrocities recorded in the history of the race4 ,ponder for a moment upon the accursed fact4 ,a freeman acting under all the motives to self-respect2 moved by all the incentives to good conduct2 enjoying all the means of education2 inspired by all the influences of the gospel2 and capable of comprehending all the powerful restraints and the sublime rewards connected with a hereafter1 exonerated from the punishment of death2 while death1 in all the horrors with which ignorance and superstition can invest it1 is inflicted upon men who are subjected to bondage2 deprived of all motive for honorable conduct2 debarred from every avenue to knowledge by cruel penalties2 blinded to the light of the gospel2 and1 in a land of boasted ,christianity1 left in the darkness of heathenism6 ,these are not the customs of a lawless banditti1 of outcasts or renegades1 but solemn enactments of state legislatures1 devised by talent and eminence1 enforced and preserved by the oligarchical few1 by the virtual nobility and flower of populous communities4 ,such laws demand a return of five talents1 under penalty of death1 where only one talent had been confided2 they absolve him who had received five talents1 though he brings none of them back4 ,such laws make the ,scriptures read1 that the servant who knoweth his lord's will1 but doeth it not1 shall be beaten with but few stripes2 but the servant who did not know it1 whom his very master debarred from knowing it1 shall be beaten with many stripes2 for unto whomsoever much is given1 but little shall be required2 but to whom men have committed much1 of him little shall be asked4 ,what shall be thought of a system1 ,,and ,,of ,,extending ,a ,,system1 which so perverts the hearts of men1 otherwise clear-headed1 high-minded1 and generous6 ,what more fitting theme could be conceived1 were the arch-enemy of mankind to compose a burlesque1 in ridicule of ,republics1 to be represented in that ,theatre which is all 8,pit08 ,it is not1 however1 the existence of slavery1 but its extension1 we now intend to avert4 99 99 99 99 99 ,the last paragraph in the foregoing speech gave rise to the following correspondence1 which was published in the ,national ,intelligencer3-- ,,letter ,,from ,,mr4 ,,mann4 ,,messrs4 ,,editors2 ,your paper of this morning contains a portion of a speech of the ,hon4 ,,mr4 ,,badger1 of ,north ,carolina1 delivered in the ,senate on the #aith instant1 in which he comments upon some remarks lately made by me in the ,house of ,representatives4 ,the respect which1 7without any personal acquaintance17 ,i have long entertained for this distinguished senator1 would deter me from noticing any such miscontructions of my remarks as a candid mind might inadvertently commit2 but the misrepresentations which the senator has made are so gratuitous and gross1 that ,i am constrained to notice them4 ,i therefore ask the favor of a place in your paper1 where he can answer me1 if he pleases1 though he chose a place for his animadversions where he knew ,i could not answer him4 ,the following is a passage in his speech3-- 8,nor1 ,mr4 ,president1 must ,i forget that1 in considering the effect which this proviso is likely to have upon the condition of the southern mind1 we must look to what has been said by northern gentlemen in connection with this subject4 ,permit me to call the attention of the ,senate to a very brief extract from a speech delivered in the other end of the capitol3-- 8#8,in conclusion1 ,i have only to add1 that such is my solemn and abiding conviction of the character of slavery1 that1 under a full sense of my responsibility to my country and my ,god1 ,i deliberately say1 better disunion1 better a civil or a servile war1 better any thing that ,god in his providence shall send1 than an extension of the bounds of slavery4' 8,,several ,,senators4 ,whose speech is that8 8,a ,,senator4 ,mr4 ,mann's4 8,,mr4 ,,badger4 ,we have heard much1 ,mr4 ,president1 of the violence of southern declamation4 ,i have most carefully avoided reading the speeches of southern gentlemen who were supposed to be liable to that charge4 ,i happened1 however1 in the early part of this session1 and before the other ,house was organized1 to be in that body when there were some bursts of feeling and denunciation from southern gentlemen1 which ,i heard with pain1 mortification1 almost with anguish of mind4 ,but1 sir1 these were bursts of feeling2 these were passionate and excited declarations2 these had every thing to plead for them as being spontaneous and fiery ebullitions of men burning at the moment under a sense of wrong4 ,and where1 among these1 will you find any thing equal to the cool1 calm1 deliberate announcement of the philosophic mind that delivered in the other ,house the passage which ,i have read3 #8,better disunion1 better a civil or a servile war1 better any thing that ,god in his providence shall send1 than an extension of the bounds of slavery4' 8,in other words1 it is the deliberate1 settled1 fixed opinion of the honorable gentleman who made that speech1 that rather than the extension of slavery one foot1--yes sir1 there is no qualification1 one foot1--he would prefer a disunion of these states2 he would prefer all the horrors of civil war1 all the monstrous1 untold1 and almost inconceivable atrocities of a servile war2 he would pile the earth with dead2 he would light up heaven with midnight conflagrations2 all this1 yea1 and more1--all the vials of wrath which ,god in his providence might see fit to pour down upon us1 he would suffer1 rather than permit1 not one man who is now free to be made a slave1--that would be extravagant enough1--but rather than permit one man who now stands upon the soil of ,north ,carolina a slave1 to stand a slave upon the soil of ,new ,mexico3 8,yes1 sir1 here is a sacrifice of life and happiness1 and of all that is dear to the black and white races together1 to a mere idealism1--a sacrifice proposed by a gentleman who claims to be a philosopher1 and to speak the language of calm deliberation1--a sacrifice of our glorious ,union proposed by a patriot1--not rather than freemen should be made slaves1--not rather than the condition of even one human being should be made worse than it now is1--but rather than one man shall remove from one spot of the earth to another without an improvement of his condition1 without passing from slavery to freedom4 ,sir1 after that announcement1 thus made1 which ,i beg to say1 sir1 ,i did not seek1--for the speech ,i have never read2 the extract ,i found in one of the newspapers of the day1--after that announcement1 talk not of southern violence1 talk not of southern egotism1 talk not of our disposition to sacrifice to our peculiar notions and our peculiar relations1 the peace and happiness1 the growing prosperity1 and the mutual concord of this great ,union4 ,now1 sir1 if that announcement goes abroad into the southern country1 attended by the wanton application of this ,wilmot proviso1 an irritating commentary upon that patriotic announcement1 what can be expected8 ,what but the deepest emotions of indignation in the bosoms of those born and brought up where slavery exists1 and taking totally different views of the institution from those which are taken by the honorable gentleman who has placed himself upon this cool and deliberate1 humane and philosophical position40 ,by his own confession1 ,mr4 ,badger had not read my speech4 ,he takes up a single sentence1 therefore1 for comment1 without the justice of looking at the context4 ,he is like the man who should declare that the ,scriptures say 8there is no ,god10 when it is the fool1 and not the ,bible1 that makes the declaration4 ,my speech discussed the question of extending slavery over our territories and the proposed southern remedy for prohibiting that extension1 namely1 the disunion of the states4 ,the conclusion to which ,i came was1 that the north had better submit to the application of the southern remedy1 than to surrender the new territories to all the horrors of bondage4 ,beyond our present limits 8no more slave territories and no more slave states10 was the exact ground ,i took4 ,but ,mr4 ,badger represents me as saying that ,i would 8prefer a disunion of these states10 and all the other evils in his long and labored catalogue1 8rather than the extension of slavery one foot20 8yes10 he repeats with emphasis1 8one foot40 ,now1 ,i never made such a declaration as this4 ,i never said any thing to give countenance or color to such a declaration4 ,many persons1 seeing the statement of the honorable senator1 and relying upon his character for fairness and veracity1 have believed that ,i did4 ,but he has led them into the error4 ,my argument and conclusion had reference to new slave territories1 or to a new slave territory4 ,mr4 ,badger construes1 or rather misconstrues this to mean 8one foot40 ,if my speech is fairly susceptible of this construction1 ,i wish so far to retract it4 ,he shall have my consent to a 8one foot0 territory1 and to as many slaves as he can hold on it under the local law4 ,mr4 ,badger further charges me with invoking all the calamities he enumerates1 8rather than permit one man who now stands upon the soil of ,north ,carolina a slave1 to stand a slave upon the soil of ,new ,mexico40 ,this statement is not merely forced1 but fabricated4 ,surely ,i said no such thing4 ,i intimated nor hinted at1 nor thought of such a thing4 ,there may be little choice whether any one man who now 8stands a slave10 shall 8stand a slave0 in one place or in another1 if that be all4 ,in a national point of view1 and looking at the subject as a statesman1 the sentiment imputed to me is simply ridiculous4 ,but this wrongful imputation of such a sentiment1 without substance or semblance to justify it1 is far worse than ridiculous2 it becomes unjust and ungenerous2 and is none the less so for being made in a place where he knew ,i could not repel it4 ,the whole scope and stress of my argument went against yielding any such portion of our new acquisitions to slavery as would form either a state or a territory4 ,the eight or ten southern legislatures1 the eight or ten governors of southern states1 the southern ,senators and ,representatives in ,congress1 and the confederates in getting up the ,nashville ,convention1 have never1 to my knowledge1 proposed a compromise on the platform of a 8one foot0 territory1 or expressed their readiness to spare the ,union if 8one man who stands a slave in ,north ,carolina10 is permitted to 8stand a slave in ,new ,mexico40 ,when such an issue is brought forward seriously1 it will be met seriously4 ,but the real issue on this point is1 7and the senator must know it17 whether the victims of slavery shall be indefinitely multiplied by the addition to its domain of regions now free4 ,that the creation of a new slave territory will increase the victims of slavery1 is a proposition too plain to be argued4 ,to deny this1 is to assert that if slavery had been confined to the ,state of ,virginia1 or to the settlement at ,jamestown1 where the first cargo of slaves was landed1 the present number of slaves in this country would be no less than it now is2 or1 in other words1 there would now be three millions of slaves within the limits of ,virginia1 or within the limits of ,jamestown4 ,i have made this reply to the honorable senator from ,north ,carolina with great reluctance1 and from no motive of personal unkindness4 ,i have long been accustomed to regard his character with respect1 and his opinions with deference2 and ,i am happy in an opportunity to express a feeling of personal gratitude for his former endeavors to avert from the councils of the nation the subject-matter of this most lamentable contention4 ,very truly1 yours1 c41 ,,horace ,,mann4 ,,washington1 ,march #bh1 #ahej4 ,p4 ,s4 ,another point in the honorable senator's speech1 in which he attempts to vindicate the penal slave code of ,north ,carolina and of the other ,southern ,states from the taint of cupidity1 may be safely left without comment to intelligent men4 ,every student of the criminal legislation of the ,southern ,states in regard to slaves1 knows that their laws are replete with proofs where the sensibilities of a man are sacrificed to the spirit of gain4 ,,footnotes3 #h ,in ,february1 #ahdg1 ,mr4 ,calhoun offered a series of resolutions in the ,senate of the ,united ,states1 among which was the following3-- 8,resolved1 ,that it is a fundamental principle in our political creed1 that a people1 in forming a constitution1 have the unconditional right to form and adopt the government which they may think best calculated to secure their liberty1 prosperity and happiness2 and1 in conformity thereto1 no other condition is imposed by the ,federal ,constitution on a state1 in order to be admitted into this ,union1 except that its constitution shall be 8republican20 and that the imposition of any other by ,congress would not only be in violation of the constitution1 but in direct conflict with the principle on which our political system rests40 ,in sustaining these resolutions1 he said1-- 8,sir1 ,i hold it to be a fundamental principle of our political system that the people have a right to establish what government they may think proper for themselves2 that every state ,,about to become a member of this ,union has a right to ,,form ,,its ,,own ,,government ,,as ,,it ,,pleases2 and that1 in order to be admitted1 there is but one qualification1 and that is1 that the government shall be republican4 ,there is no express provision to that effect1 but it results from that important section which guaranties to every state in this ,union a republican form of government40 ,mr4 ,senator ,downs1 of ,louisiana1 offered the following resolution3-- 8,resolved1 ,that it is competent and expedient1 and not inconsistent with the practice of the government in some cases1 to admit ,california1 or such portion of it as ,congress may deem proper1 immediately into the ,union1 on an equal footing with the other states2 and that the committee on ---- be instructed to report a bill for that purpose1 for that portion of ,california which lies west of the summit of the ,sierra ,nevada mountains40 99 99 99 99 99 ,the doctrine of these resolutions was fully indorsed by the ,washington ,union1 speaking1 doubtless1 7for it never spoke any thing else17 the sentiments of the then administration4 8,the south denies that ,congress has any jurisdiction over the subject of slavery1 and contends that the people of the territories alone1 when they frame a constitution1 preparatory to admission into the ,union1 have a right to speak and be heard on that matter4 ,this fact being settled1 it really seems to us that this exciting question might be speedily adjusted1 if calm counsels prevail4 ,the south contends for her honor1 and for the great principles of non-intervention and state equality4 ,why1 then1 cannot all unite1 and permit ,california to come into the ,union as soon as she can frame a constitution8 ,then1 according to the doctrines which prevail on both sides of ,mason's and ,dixon's line1 she may constitutionally establish her domestic institutions on any basis consistent with republican principles4 ,the south could lose nothing by adopting this course4 ,on the contrary1 she would save all for which she contends40 ,,mr4 ,,badger',s ,,reply4 ,,to ,,the ,,editors ,,of ,,the ,,national ,,intelligencer2 ,a communication in your paper of yesterday1 from the ,hon4 ,,horace ,,mann1 of the ,house of ,representatives1 seems to require a brief notice from me4 ,the honorable gentleman accuses me of having treated him with gross injustice in a recent speech1 in which ,i referred to the closing paragraph of a speech of his1 and made some comments thereupon4 ,now1 in what consists the injustice8 ,i quoted that paragraph from his speech1 and he does not deny that it was quoted truly4 ,there is not a word or syllable attributed to him1 not a word or syllable alleged or insinuated to have been spoken by him1 except that paragraph1 and that he admits was spoken and printed by him just as ,i quoted it4 ,then1 in the statement of his language1 ,i have done him no injustice4 ,in my comments1 ,i gave 8in other words10--in my own words1--what ,i deemed a true interpretation of his2 and1 as ,i attributed to him no language which he did not use2 as every thing to which he objects is1 and upon the face of my remarks plainly purports to be1 merely my own commentary upon the single quotation correctly taken from the gentleman's speech1 it is very obvious that ,i have 8fabricated0 nothing4 ,whether the interpretation given to the honorable gentleman's language be correct or incorrect1 a just carrying of it out to its true results1 or an unfair exaggeration1 intelligent men will be able to decide from the reading of my speech1 which presents together both the text and the commentary1 and to them ,i am willing to leave it4 ,but the gentleman says that in his speech he 8discussed the question of extending slavery over our territories10 and that 8no more slave territories and no more slave states was the exact ground0 he took4 ,and what has that to do with the matter of his complaint against me8 ,i referred not to his discussion1 or the grounds taken in it4 ,i was not considering the course or validity of his reasoning1 but the conclusion at which he arrived4 ,that was set down in his speech in these words3-- 8,in conclusion1 ,i have only to add1 that such is my solemn and abiding conviction of the character of slavery1 that1 under a full sense of my responsibility to my country and my ,god1 ,i deliberately say1 better disunion1--better a civil or a servile war1--better any thing that ,god in his providence shall send1 than an extension of the bounds of slavery40 ,here is no reference to any particular degree1 kind1 or manner of extending slavery4 ,he speaks not of the 8proposed or desired extension10 of 8extension into our territories10 or even of 8the extension10 but he speaks of 8an extension of the bounds of slavery10 without a reference to any thing in the speech or elsewhere by which the generality of his language might be modified or explained4 ,to refer1 therefore1 to the speech in order to understand the import of this general conclusion1 is idle4 ,if the reasoning in the speech be particular1 and the deduction general1 there would be the logical defect of a conclusion too large for the premises1 but the meanings of the conclusion would remain1 and the want of reasoning to support it would not abate aught of its unmitigated and sweeping generality4 ,it is evident1 then1 that1 whether supported by any reasoning1 particular or general1 the gentleman's conclusion remains1 that disunion1 civil war1 servile war1 with certain undefined judgments of ,heaven besides1 are preferable to 8an extension of the bounds of slavery20 but the indefinite article 8an0 is here exactly equivalent to 8any10 and therefore whatever amounts to 8any extension10 however small1--a square mile1 or acre1 or foot1--is strictly within the meaning of the language which he has thought proper deliberately to retain in his printed speech4 ,but ,i accept willingly the explanation now given of his meaning1 and only regret that1 when writing out his speech1 he did not then give the explanation which converts his general into a particular proposition4 ,by this explanation ,i learn that1 in his conclusion1 he meant to speak not of any extension1 however small1 but of an extension of slavery in our territories4 ,then the gentleman's conclusion1 as modified by himself1 will be thus3 8,better disunion10 the dissolution of our government and destruction of the ,union formed by our fathers2 8better a civil or a servile war10 the most disastrous1 ferocious1 and cruel of all wars2 8better any thing that ,god in his providence shall send10 for example1 pestilence and famine2 8than an extension of the bounds of slavery0 over our territories6 ,i cheerfully submit to all 8intelligent men10 if they are at the same time humane and patriotic1 to pass upon such a sentiment4 ,to his own intelligent1 patriotic1 and humane constituents1 ,i submit it1 with entire confidence that it will not meet their approval2 but1 on the contrary1 that they will regard the honorable gentleman as having been betrayed by the pervading excitement on the slavery question1 into an extravagant1--,i will not say fanatical1--declaration1 which he is not able to defend1 or willing1 as yet1 to retract or qualify4 ,i had believed that the honorable gentleman had1 under the exciting influence of discussion1 unconsciously done injustice to my own state1 but a remark added to his communication would perhaps justify me1 if inclined to judge unkindly1 in supposing that the wrong was wilful4 ,but ,i am not so inclined1 and draw no such conclusion4 ,i infer1 rather1 that the bewildering excitement under which the speech was made has not yet passed away1 but still continues to influence unfavorably the otherwise clear understanding and fair and upright purposes of the honorable gentleman4 ,,geo4 ,e4 ,,badger4 ,,washington1 ,march #cj1 #ahej4 ,,mr4 ,,mann',s ,,rejoinder4 ,,messrs4 ,,editors2 ,your paper of this morning contains a communication from the ,hon4 ,mr4 ,,badger1 in reply to mine of the #bith ultimo4 ,i ask your indulgence while ,i briefly answer him4 ,my complaint was1 that he had taken half a dozen lines from my speech1 and had attributed a meaning to them1 in some respects odious1 in other respects ridiculous1 and in all respects unwarrantable4 ,by his own admission1 too1 he had done this without reading the speech itself2 when1 had he accorded to me the justice of hearing me before he condemned me1 he would have found that both subject-matter and context confuted his interpretation4 ,his first reply is1 that he did not 8attribute0 to me 8a word0 nor 8a syllable0 which ,i did not use2 and1 repeating himself1 he adds1 that he did not 8allege0 or 8insinuate0 a 8word0 nor 8a syllable0 that ,i now deny4 ,in view of this he asks1 with an air of triumph1 8,in what consists the injustice80 ,i answer1 as before2 the injustice consists in giving a false meaning to true 8words0 and 8syllables10--a meaning which both the subject-matter and context of my speech repudiate4 ,i do not see that it is less unjustifiable to attach false meanings to words correctly quoted1 than to forge quotations4 ,surely1 the honorable senator is too good a lawyer to be ignorant of the maxim1 8qui hret in litera0 c42 and too good a theologian not to have read that 8the letter killeth0 if divorced from the spirit4 ,when ,beaumont and ,fletcher were closeted together to devise the plan of one of their joint plays1 in which a king was to be killed1 they were severally overheard to say1 8,i will kill the king10 and 8,i will kill the king20 whereupon they were arrested1 transported to ,london1 and arraigned for conspiring the death of the reigning sovereign4 ,suppose them to have been convicted of treason and gibbeted2 could not the perjured informer1 with a charming and childlike simplicity1 have used the exact language of ,mr4 ,,badger1 and said1 ,i testified to the exact 8words0 and 8syllables40 8,in what consists the injustice80 ,but the honorable senator goes on to say1 that he had no concern with my speech1 but only with my conclusion4 ,his language is1 8,i was not considering the course or validity of his reasoning1 but the conclusion at which he arrived40 ,he then repeats the quotation1 and adds1 8,to refer1 therefore1 to the speech in order to understand the import of this conclusion1 is idle40 ,with all deference to the senator1--and mine is unfeignedly great1--,i submit that this is false logic and worse ethics4 ,as well may one declare the judgment of a court to be legal or illegal1 merciful or tyrannous1 without looking back to the allegations and proofs on which it is founded4 ,as well may one affirm or deny the 8,q4 ,e4 ,d40 of the geometer1 without reference to the problem or demonstration to which it is subjoined4 ,when a discussion exists respecting 8an extension of the bounds of slavery10 7and these were my words17 and ,i say that ,i would prefer certain enumerated evils rather than the extension in controversy1 it surely becomes all-important to know whether that extension is to embrace the whole earth and to extend through all time1 or whether it is only the addition of one atom or granule to existing slave territory1 or of one respiration1 or one heart-beat of an existing slave1 on territory now free4 ,i affirm1 then1 that a knowledge of the premises is indispensable to a judgment on the conclusion4 ,but he accepts my explanation1 and then appeals from me to what he is pleased to call1 7and ,i thank him for the justice that prompted the well-deserved compliment17 my 8intelligent1 patriotic1 and humane constituents10--8with entire confidence that it will not meet their approval40 ,i gladly join in this appeal4 ,as 8intelligent0 men1 my constituents foresee that the extension of slavery over our territories will not only be an unspeakable crime in itself1 but will be converted into the means of future unspeakable crimes in further extensions4 ,as 8patriotic0 men1 they prefer to bear any calamity that may come upon themselves1 rather than to devolve accumulated calamities1 growing out of their own dereliction from duty1 upon their posterity4 ,as 8humane0 men1 they would deprecate and forefend that greatest of inhumanities1 the dooming of increased thousands and millions of their fellow-men to the dreadful inheritance of bondage4 ,and as religious men1--as men who 8tremble when they reflect that ,god is just1 and that his justice will not sleep forever10--they mean to use all constitutional means to arrest the slave-creating and slave-extending policy of this government1 let the two or three hundred thousand slaveholders among our twenty millions of people do what they will4 ,that the bearings of the subject may be rightly understood1 it should be remembered that my speech was made on the #aeth of ,february1 after ten weeks of threatened disunion on certain specified and not improbable contingencies4 8,my conclusion10 therefore1 was not aggressive1 but submissive4 ,i only declared which branch of their proffered alternative ,i should prefer4 ,the closing paragraph of the respected senator's communication alludes to the motives of those wide and painful differences which are made between the whites and the slaves in the criminal legislation of the ,southern ,states4 ,nothing could be more edifying1 as to the demoralizing nature of slavery and its effects upon men1 who1 like the senator1 are otherwise honorable and generous1 than a comparison of the two codes of law and the two systems of jurisprudence which the rulers have respectively established for themselves and for their bondmen4 ,the laws or customs known to civilized men and to barbarians are not more diverse4 ,it would be rash and reckless in me to encounter the distinguished senator on any other subject2 but on this ,i would say1 as was said by a knight in an old tournament1 that he had such confidence in the justness of his cause that he would give his adversary the advantage of sun and wind4 ,,horace ,,mann4 ,,washington1 ,april #a1 #ahej4 ,,letters ,,on ,,the ,,extension ,,of ,,slavery ,,into ,,california ,,and ,,new ,,mexico2 ,,and ,,on ,,the ,,duty ,,of ,,congress ,,to ,,provide ,,the ,,trial ,,by ,,jury ,,for ,,alleged ,,fugitive ,,slaves4 ,,hon4 ,,horace ,,mann2 ,dear ,sir1--,having learned that you are spending a few days at home1 and approving the course you have pursued in ,congress1 in maintaining so ably the sentiments and convictions which we maintain and cherish on the great national questions of the day1 we respectfully request you1 before returning to ,washington1 to give your constituents an opportunity of hearing somewhat more at length than the hour rule would allow1 your views and opinions upon the question of the immediate admission of ,california1 and other questions now before ,congress1 arising out of the acquisition of territory by the treaty with ,mexico4 ,should you comply with our request1 please name some day which will be convenient for you1 that we may give seasonable notice through your district4 ,dedham4 ,,james ,,richardson1 ,i4 ,,cleveland1 ,,john ,,gardner4 ,roxbury4 ,,david ,a4 ,,simmons1 ,g4 ,r4 ,,russell1 ,,joseph ,h4 ,,billings1 ,l4 ,m4 ,,sargent1 ,,john ,j4 ,,clarke1 ,,jos4 ,n4 ,,brewer1 ,,wm4 ,a4 ,,crafts1 ,,wm4 ,,capen1 ,,francis ,,hilliard1 ,,daniel ,,jackson1 ,j4 ,b4 ,,kettell4 ,brookline4 ,,charles ,,wild1 ,,marshall ,,stearns1 ,,wm4 ,,dearborn1 ,g4 ,,griggs1 ,,david ,,wilder1 ,jr41 ,g4 ,f4 ,,homer4 ,dorchester4 ,e4 ,,sharpe1 ,n4 ,f4 ,,safford1 ,j4 ,g4 ,,nazro4 ,brighton1 ,j4 ,,breck4 ,foxboro'1 ,a4 ,,hodges4 ,walpole1 ,a4 ,,bigelow4 ,randolph1 ,j4 ,,wales4 ,quincy1 ,l4 ,,richards4 ,franklin1 ,l4 ,,harding4 ,stoughton1 ,j4 ,,smith4 ,milton1 ,j4 ,,reed4 ,cohasset1 ,,geo4 ,,beal4 ,newton4 ,e4 ,c4 ,,dyer1 ,r4 ,e4 ,,patterson1 ,w4 ,s4 ,,whitwell4 ,hingham4 ,c4 ,w4 ,,cushing4 ,april #bc;d1 #ahej4 ,,letter ,i4 ,,west ,,newton1 ,may #c1 #ahej4 ,to the ,hon4 ,james ,richardson1 ,i4 ,cleveland1 and ,john ,gardner1 of ,dedham2 ,hon4 ,d4 ,a4 ,simmons1 ,john ,j4 ,clarke1 ,francis ,hilliard1 and ,george ,r4 ,russell1 of ,roxbury1 c41 c4 ,,gentlemen2 ,having been called home on account of sickness in my family1 ,i have just received1 at this place1 your kind invitation to meet and address my constituents of the #hth ,congressional ,district1 and to give them my 8views and opinions upon the question of the immediate admission of ,california1 and other questions now before ,congress1 arising out of the acquisition of territory by the treaty with ,mexico40 ,a request from so high a source has almost the force of a command4 ,yet ,i dare not promise to comply4 ,i am liable at any moment to be recalled1 and1 instead of speaking here1 to vote there1 upon the questions to which you refer4 ,i might be summoned to return on the day appointed for us to meet4 ,the only alternative1 therefore1 which is left me1 is to address you by letter4 ,this ,i will do1 if ,i can find time4 ,i shall thus comply with your request1 in substance1 if not in form4 ,on many accounts1 ,i have the extremest reluctance to appear before the public on the present occasion4 ,my views1 on some vital questions1 differ most materially from those of gentlemen for whom ,i have felt the profoundest respect2 and for some of whom ,i cherish the strongest personal attachment4 ,but ,i feel1 on the other hand1 that my constituents1 having intrusted to me some of their most precious interests1 are entitled to know my 8views and opinions0 respecting the hopes and the dangers that encompass them4 ,i shall not1 therefore1 take the responsibility of declining4 ,i will premise further1 that my relations to political parties1 for many years past1 have left me as free from all partisan bias 8as the lot of humanity will admit40 ,for twelve years ,i held an office whose duties required me to abstain from all active coperation in political conflicts2 and that duty was so religiously fulfilled1 that1 to my knowledge1 ,i was never charged with its violation4 ,during the ,presidential contest of #ahdh1 those obligations of neutrality still rested upon me4 ,for a year afterwards1 ,i was not called upon to do any official act displeasing to any party amongst us4 ,this interval ,i employed in forming the best opinion ,i could of public men and measures1 and their influence upon the moral and industrial interests of the country4 ,i had long entertained most decided convictions in favor of protecting ,american labor1 in favor of cheap postage1 and of security to the lives and property of our fellow-citizens engaged in commerce4 ,but a new question had arisen1--the great question of freedom or slavery in our recently acquired territories1--and this question ,i deemed1 for the time being1 to be1 though not exclusive of others1 yet paramount to them4 ,or rather1 ,i saw that nothing could be so favorable to all the last-named interests1 as the proper adjustment of the first4 ,he who would provide for the welfare of mankind1 must first provide for their liberty4 ,sympathizing1 then1 on different points with different parties1 but exclusively bound to none1 ,i stood1 in reference to the great question of territorial freedom or slavery1 in the position of the true mother in the litigation before ,solomon1 preferring that the object of my love should be spared in the hands of any one1 rather than perish in my own4 ,our present difficulties1 which1 as you well know1 have arrested the gaze of the nation1 and almost suspended the legislative functions of ,congress1 pertain to the destiny of freedom or of slavery1 to which our new territories are to be devoted4 ,after the acquisition of ,louisiana1 and ,florida1 and ,texas1 for the aggrandizement and security of the ,slave-power2 after the aboriginal occupants of the soil of the ,southern ,states have been slaughtered1 or driven from their homes1 at an expense of not less than a hundred millions of dollars1 and at the infinite expense of our national reputation for justice and humanity2 and after the area of the slave states has been made almost double that of the free states1 while the population of the free is about double that of the slave2 the reasons seem so strong that they can hardly be made stronger1 why the career of our government1 as a slavery-extending power1 should be arrested4 ,on the other hand1 the oligarchy who rule the south1 seeing that1 notwithstanding their rich and almost illimitable domain1 they are rapidly falling behind the north in all the distinctive elements of civilization and well being1--industry1 temperance1 education1 wealth1--not only defend the ,upas that blasts their soil1 as though it were the tree of life1 but seek to transplant it to other lands4 ,with but about three slaves to a square mile1--three millions of slaves to nearly a million of square miles1--they say they are too crowded2 that they feel a sense of suffocation1 and must have more room1 when all their weakness and pain proceed1 not from the limited quantity1 but from the malignant quality of the atmosphere they breathe4 ,hence the war with ,mexico1 commenced and prosecuted to add slave territory and slave states to the southern section4 ,hence the refusal to accept propositions of peace1 unless territory south of latitude #cf #cj1 7the ,missouri compromise line1 so called17 should be ceded to us4 ,hence1 when the ,mexican negotiators proposed to insert a prohibition of slavery in the treaty of cession1 and declared that the inquisition would not be more odious to the ,american people than the reinstitution of slavery to them1 our minister1 ,mr4 ,trist1 told them he would not consent to such a prohibition though they would cover the soil a foot deep with gold4 ,and hence1 also1 the determination of a portion of the southern members of ,congress to stop the whole machinery of the government1 to sacrifice all the great interests of the country1 and assail even the ,union itself1 unless slavery shall be permitted to cross the ,rio ,grande and enter the vast regions of the west1 as it heretofore1 in its aggressive march1 crossed the ,mississippi and the ,sabine4 ,even in #ahdf1 when the war against ,mexico was declared1 all men of sagacity foresaw the present conflict4 ,could that question have been decided on its merits1 or could the institutions to be planted upon the territory we might acquire have been determined by the unbiased suffrages of the ,american people1 no war would have been declared1 and no territory acquired4 ,but the great political leaders of the south expected to make up both for their numerical weakness and for the injustice of their cause1 by connecting the question of slavery extension with that of future presidential elections and with the strife of parties4 ,they promised themselves that they could draw over leading northern men to their support1 by offering them the ,tantalus cup of presidential honors2 and then1 by the force of party cohesion and discipline1 insure the support of the vast descending scale of office expectants4 ,early in the present session of ,congress1 it was distinctly declared from a high southern source1 that the south must do most for those northern men who would do most for them4 ,a few words will make it apparent how faithfully this plan has been adhered to1 and how successful it may become4 ,no northern ,democrat1 opposed to slavery extension1 could expect the support of the southern democracy4 ,hence1 ,general ,cass stepped promptly forward1 and declared1 in his ,nicholson letter1 that ,congress had no power to exclude slavery from the territories4 ,this has been technically called his 8bid10 or his 8first bid40 ,it was deemed satisfactory by the south2 for1 according to their philosophy1 the relation of master and slave is the natural or normal relation of mankind2 and therefore1 where no prohibition of it exists1 slavery flows into free territory as water runs down hill4 ,this avowal of ,general ,cass was rendered more signal and valuable to the south1 because1 for the greater part of his political life1 he had taken oaths1 held offices1 and administered laws1 in undeniable contradiction to the declaration then made4 ,the ordinance of #aghg was expressly recognized by the first ,congress held under the constitution1 see ch4 #h4 ,it was modified in part1 and confirmed as to the rest2 and in holding offices under this1 ,general ,cass had laid the foundation of his honors and his fortune4 ,his declaration1 therefore1 against all interdiction of slavery1 made under circumstances so extraordinary and in contradiction to the whole tenor of his past life1 was hailed with acclamation by the south1 and he was unanimously declared1 at ,baltimore1 to be the accepted candidate of the democracy1 for the office of ,president4 ,the common notion is1 that a man shows his love for a cause by the amount of sacrifice he will make for it2 and as consistency1 honor1 and truth1 are the most precious elements in character1 he showed his devotion to the south by sacrificing them all4 ,to the honor of the ,whig party be it said1 there was not a northern man to be found1 who1 to gain the support of the south1 would espouse its pro-slavery doctrines1 or invent any new reading of the constitution to give them a semblance of law4 ,hence1 at the ,philadelphia ,convention1 no northern ,whig received even so much as a complimentary vote4 ,the judicial eminence of ,judge ,mc,lean1 the military eminence of ,general ,scott1 were passed contemptuously by2 and ,mr4 ,webster1 acknowledged to be the greatest statesman of the age1 received but fourteen votes out of almost three hundred2 and twelve of these were from ,massachusetts4 ,mr4 ,webster had spoken more eloquent words for liberty than any other living man1 and this distinguished neglect was doubtless intended to teach him the lesson1 that the path to presidential honors did not lie through an advocacy of the rights of man4 ,general ,taylor was nominated and chosen4 ,he was understood to take neutral ground4 ,discountenancing the veto power1 if the ,house of ,representatives1 who are chosen directly from and by the people1 and the ,senate1 who are chosen by the states1 will pass a territorial bill1 either with or without a prohibition of slavery1 he will approve it4 ,this is the common opinion1 and ,i have no doubt of its correctness4 ,under these circumstances1 a most desperate effort was made at the close of the last ,congress to provide a government for the territories with no prohibition of slavery4 ,had ,general ,cass been elected1 no such effort would have been necessary1 for he was pledged to veto a prohibition4 ,general ,taylor was supposed to be pledged to an opposite course2 and hence the struggle4 ,the facts must be so fresh in the recollection of all1 that they hardly need to be recounted4 ,the ,house performed its duty to the country and to freedom1 by sending territorial bills to the ,senate containing the prohibitory clause4 ,the ,senate1 equalling the northern by its southern votes1 and far outnumbering the ,whigs by its ,democrats1 left those bills to sleep the sleep of death upon its table4 ,but during the closing hours of the session1 it foisted a provision for the government of the territories into the general appropriation bill2 and held out the menace that this bill should not pass at all1 unless the territorial clause should pass with it4 ,the flagitiousness of this proceeding it is difficult to comprehend and impossible to describe4 ,the appropriation bill is one on which the working1 and even the continuance of the government1 depend4 ,without it1 the machinery of the state must cease to move4 ,contracts by the government to pay money must be violated4 ,officers cannot obtain their salaries4 ,families must be left without subsistence4 ,if long continued1 all judges would resign1 and courts be broken up2 and when justice should cease to be administered1 violence1 robbery1 and every form of crime would run riot through the land4 ,besides1 an appropriation bill and a bill for the government of territories have no congruity with each other4 ,they are not relevant4 ,neither is germane to the other4 ,every one knows it to be a common parliamentary rule that when a proposition is submitted which is susceptible of a division1 any one member has a right to demand it4 ,all bills1 too1 for raising revenue1 must1 by the constitution1 originate in the ,house2 and the ,house has as much right to interfere to prevent the ,senate from ratifying a treaty1 as the ,senate has to obstruct the passage of a revenue bill by adding to it extraneous provisions4 ,it was this effort on the part of the ,senate to incorporate into the appropriation bill a provision most unrighteous in itself and most odious to the free sentiments of the north1 which led to the protracted session on the night of the #c;d of ,march1 #ahdi4 ,the course of the pro-slavery leaders1 on that occasion1 resembled that of a madman who should seize a torch and stand over the magazine of a ship1 and proclaim that he would send men and vessel to destruction1 unless they would steer for his port4 ,a portion of the ,house confederated with the majority of the ,senate in this unprincipled machination2 but the larger number stood undaunted1 and after perils1 such as so precious an interest never before encountered1 the pro-slavery amendment was stricken out1 and its champions were foiled4 ,through that memorable night the friends of freedom wrestled like ,jacob with the angel of ,god1 and though the session did not close until the sun of a ,sabbath morning shone full into the windows of the capitol1 yet a holier work never was done on that holy day4 ,it was with a joy such as no words can ever express1 that ,i saw the territories rescued from the clutch of slavery by the expiration of the ,thirtieth ,congress4 ,i felt confident that when the ,thirty-first ,congress should assemble1 it would be under better auspices1 and with a stronger phalanx on the side of freedom4 ,in regard to ,california1 those hopes have been fulfilled2 but ,i proceed to state how they have been nearly extinguished in regard to the residue of the territory4 ,our first disaster was the election of a most adroit1 talented1 and zealous pro-slavery speaker4 ,a better organ for the accomplishment of their purposes the friends of slavery could not have found2 nor the friends of freedom a more formidable opponent4 ,whilst the pro-slavery champions of the south1 almost without distinction of party1 exulted over this triumph1 it has been the occasion of most lamentable criminations and recriminations at the north4 ,southern men abandon all distinctions of ,whig or ,democrat for the cause of slavery4 ,would to ,god we could do as much for the cause of freedom4 ,the choice of a pro-slavery speaker was immediately followed by the appointment of most ultra pro-slavery committees4 ,some ,free-,soil members1 it is true1 were placed upon these committees2 but in this1 the speaker only carried out more fully his own purposes and those of his party1 by putting1 what they considered as insane men1 into close custody1 instead of letting them run at large4 ,he showed1 however1 either a want of courage in himself1 or of confidence in his chosen guards2 for1 on the ,district of ,columbia committee he detailed a file of five1 on the judiciary committee a file of four1 and on the territorial committee a file of six strong pro-slavery men1 for the safe keeping of one ,free-,soiler4 ,within an hour after the ,house was organized1 ,mr4 ,root1 of ,ohio1 submitted a resolution1 instructing the committee on territories to report territorial bills prohibiting slavery4 ,many true friends to freedom believed this movement to be ill timed and unfortunate2 and though the ,house then refused1 by a handsome vote1 to lay the resolution on the table1 yet when it came up for consideration again1 the first decision was reversed by about the same majority4 ,there is abundant proof that the latter vote did not express the true sentiment of the ,house4 ,not a few voted against the resolution avowedly because of its paternity1--thus spiting a noble son on account of its obnoxious father4 ,others repented of their votes as soon as they came to reflect that the record would go where their explanation could not accompany it4 ,but unfortunately it was too late4 ,there stands the record1 to survive through all time and to be read of all men4 ,the champions of slavery seized upon this vote as a propitious omen4 ,they derided and scouted the proviso with a fierceness unknown before4 ,they shouted their threats of disunion with a more defiant tone1 should any attempt at what they called its resurrection1 be made4 ,a speech was delivered by ,mr4 ,clingman1 of ,north ,carolina1 in which a massacre of a majority of the ,house was distinctly shadowed forth1 so that not 8a quorum should be left to do business40 ,the effect of that vote was almost as bad as though it meant what it said4 ,at a later day1 when a bill for the admission of ,california was presented1 the tactics of delay were resorted to1 and midnight found us calling the yeas and nays1 for more than the thirtieth time1 on questions whose frivolousness and vexatiousness cannot be indicated by numbers4 ,the proceedings in the ,senate1 however1 are those which now threaten the most disastrous consequences4 ,early in the session1 in order to bring his northern friends up to the doctrine that it is unconstitutional to legislate against slavery in the territories1 ,general ,cass made a speech1 in which he denies that ,congress has any power1 under any circumstances1 to pass any law respecting their inhabitants4 ,according to that speech1 the ,united ,states stands in the relation of a foreign government to the people of its own territories2 and if they set up a king or establish a religion1 we cannot help it2 for we have no more power or right to control them than we have the subjects of ,great ,britain or the citizens of ,france4 ,it has been said that the doctrine of ,general ,cass and that of ,general ,taylor1 on this subject1 are identical2 but there is this all-important difference between them3--,general ,taylor maintains the right of ,congress to legislate for the territories1 and will doubtless approve any bill for the prohibition of slavery in them2 but ,general ,cass1 denying this right in ,congress1 would1 if ,president1 veto such a bill4 ,he1 therefore1 would leave the territories open to be invaded and possessed by slavery2 and in southern law and practice possession is more than nine points4 ,next came ,mr4 ,clay's compromise resolutions1 so called4 ,by these1 ,california was to be admitted as a state2 the territories organized without any restriction upon slavery2 the south-western boundary of ,texas to be extended to the ,rio ,grande2 a part of her ten or twelve million debt to be paid by the ,united ,states1 on condition of her abandoning her claim to a part of ,new ,mexico lying east of the ,rio ,grande2 the abolition of the slave trade in the ,district of ,columbia1 and the inviolability of slavery in the ,district daring the good pleasure of ,maryland and of the inhabitants of the ,district2 more effectual provision for the restitution of fugitive slaves1 and free traffic in slaves forever between the states1 unless forbidden by themselves4 ,a compromise is a settlement of difficulties by mutual concessions4 ,let us examine the mutuality of the concessions which ,mr4 ,clay's resolutions propose4 ,in the first place1 ,california is to be permitted to remain free if the territories of ,new ,mexico and ,utah may be opened to slavery4 ,but ,california is free already2 free by her own act2 free without any concession of theirs1 and without any grace but the grace of ,god4 ,it is mainly occupied by a northern population1 who do their own work with their own hands1 or their own brains4 ,fifty hardy gold diggers from the north will never stand all day knee deep in water1 shovel earth1 rock washers1 c41 under a broiling sun1 and see a man with his fifty slaves standing under the shade of a tree1 or having an umbrella held over his head1 with whip in hand1 and without wetting his dainty glove1 or soiling his japanned boot1 pocket as much at night as the whole of them together4 ,or1 rather1 they will never suffer institutions to exist which tolerate such unrighteousness4 ,california1 therefore1 is free2 as free as ,massachusetts2 and ,mr4 ,clay might as well have said in terms1 that whereas ,massachusetts is free1 therefore ,new ,mexico and ,utah shall be slave1 or run the hazard of being so4 ,the next point of ,mr4 ,clay's compromise is1 that ,texas shall extend her south-western boundary from or near the ,nueces to the ,rio ,grande1 and shall receive1 probably1 some six or eight millions of dollars for withdrawing her claim to that part of ,new ,mexico which lies east of the last-named river4 ,now1 ,texas has no rightful or plausible claim to a foot of all this territory4 ,but suppose it to be a subject of doubt1 and therefore of compromise4 ,the mutuality1 then1 consists in dividing the whole territory claimed by ,texas1 and then giving her a valid title to one portion of it1 and paying her for all the rest4 ,texas1 or1--what in this connection is the same thing1--slavery surrenders absolutely nothing1 gets a good title to some seventy thousand square miles of territory1 and pay for as much more6 ,but what renders it almost incredible that any man could soberly submit such a proposition and dare to call it a compromise1 is this3 ,all that part of ,new ,mexico which ,texas claims1 and which lies between the parallels of #cf #cj and #db1 is1 by the resolutions of annexation1 to be forever free4 ,i shall consider the constitutionality of these resolutions by and by2 ,i now treat them as valid4 ,now the compromise proposes to buy this territory1 so secured to freedom1 and annex it to ,new ,mexico1 which is to be left open to slavery4 ,we are to peril all the broad region between #cf #cj and #db1 and pay ,texas some six or eight millions of dollars for the privilege of doing so6 ,mr4 ,clay is not less eminent for his statesmanship than for his waggery4 ,were he to succeed in playing off this practical joke upon the north1 and were it not for the horrible consequences which it would involve1 a roar of laughter1 like a feu de joie1 would run down the course of the ages4 ,as it is1 the laughter will be 8elsewhere40 ,the next point pertains to the abolition of the slave trade1 and the perpetuity of slavery1 in the ,district of ,columbia4 ,this ,district has an area of about fifty square miles2 and ,mr4 ,clay proposes1 in consideration of transferring its slave marts to ,alexandria1 on the ,virginia side1 or to some convenient place in ,montgomery or ,prince ,george's county1 on the ,maryland side1 to divest ,congress forever of its right of 8exclusive legislation0 over it4 ,should this plan prevail1 the perpetuity of slavery in the ,district will be defended by more unassailable and impregnable barriers than any other institution in ,christendom4 ,the ,president has a veto upon ,congress2 but two thirds of both ,houses may still pass any law1 notwithstanding his dissent4 ,mr4 ,clay proposes to give1 both to ,maryland and to the citizens of the ,district1 a veto on this subject2--an absolute veto1 not a qualified one1 like that of the ,president of the ,united ,states1 but one that will control1 not majorities merely1 but an absolute unanimity in both branches of ,congress4 ,by his plan1 therefore1 three separate1 independent powers are to have a veto upon the abolition of slavery in the ,district of ,columbia4 ,and not only so1 but while it will require their joint or concurrent action to abolish the institution1 any one of them can preserve it4 ,the laws of the ,medes and ,persians had no such guaranties for perpetuity as this4 ,mr4 ,clay's last point is really too facetious4 ,so solemn a subject does not permit such long-continued levity1 however it may be masked by sobriety of countenance4 ,it is1 that ,congress shall make more effectual provision for the capture and delivery of fugitive slaves2 and1 as an equivalent for this1 it shall bind itself never to interfere with the inter-state traffic in slaves4 ,we are to catch the slaves of the ,south1 and1 as though this were a grateful privilege to us1 we are to allow them free commerce in slaves1 coastwise or inland4 ,by this means1 slaves can be transported to the mouth of the ,rio ,grande1 and some hundreds of miles up that river1 towards ,new ,mexico1 instead of being driven in coffles across the country4 ,the compromise is1 that for every slave we catch1 we are to facilitate the passage of a hundred into ,new ,mexico4 ,such is the mutuality of ,mr4 ,clay's compromises4 ,they are such compromises as the wolf offers to the lamb1 or the vulture to the dove4 ,they make the rightful admission of ,california into the ,union1 with her free constitution1 contingent upon opening the new territories to slavery2 they ratify one part of the predatory claim of ,texas1 and propose to give her millions for the other part2 they give an unconditional veto to the state of ,maryland and to the citizens of the ,district of ,columbia1 over a unanimous vote of both ,houses of ,congress1 even when approved by the ,president2 in connection with ,mr4 ,butler's bill and ,mr4 ,mason's amendments1 they expose our white citizens to grievous penalties and imprisonments for not doing what the ,supreme ,court of the ,united ,states has decided we are not bound to do1 in relation to fugitive slaves1 and they offer our colored citizens to be kidnapped and spirited away into bondage2 and they foreclose1 in favor of the south1 the disputed question of the inter-state commerce in slaves4 ,in one particular only do they appear to concede any thing to northern rights1 or northern convictions1 or northern feelings4 ,they propose to transfer the ,district of ,columbia slave trade across an ideal line into ,virginia or into ,maryland1 so that the slave planter or slave trader1 when he comes to our ,american ,congo to replenish his stock of human cattle1 shall be obliged to go a mile or two1 to the slave marts1 instead of walking down ,pennsylvania ,avenue4 ,i deem this to be no concession4 ,if it is honorable to produce corn and cotton1 it is honorable to buy and sell them1--and if it is honorable to hold beings created in ,god's image in slavery1 it is honorable to stand between the producer and consumer1 and to make merchandise of the bodies and the souls of men4 ,let this ,light of the ,age be set upon a hill1 that all nations may behold it4 ,i will refer to ,mr4 ,bell's resolutions no further than to say1 that they propose the formation of three slave states out of what is now claimed by ,texas1 one of which is to be admitted into the ,union forthwith as an offset to ,california4 ,mr4 ,buchanan has not regarded the movements of his rival1 ,general ,cass1 with indifference4 ,he has spent a considerable portion of the winter in ,washington1 and it is understood that he holds out the ,missouri compromise line1 from the western boundary of ,missouri to the ,pacific ,ocean1 as his lure to the south1 for their favorable regards in the ensuing presidential contest4 ,in a chronological order1 ,i must now consider some vitally important views1 which have been submitted by some members in the ,house1 and by ,mr4 ,webster and others in the ,senate4 ,in mentioning the name of this great statesman1 and in avowing that ,i am one among the many whom his recently expressed opinions have failed to convince1 it is due to myself1 however indifferent it may be to him or to his friends1 that ,i should express my admiration of his powers1 my gratitude for his past services1 and the diffidence with which ,i dissented1 at first1 from his views4 ,but ,i have pondered upon them long1 and the longer ,i have pondered the more questionable they appear4 ,i shall therefore venture upon the perilous task of inquiring into their correctness2 and while ,i do it with the deference and respect which belong to his character1 ,i shall do it also with that fidelity to conscience and to judgment that belong to mine4 ,he is great1 but truth is greater than us all4 ,i shall confine myself mainly1 and perhaps wholly1 to ,mr4 ,webster's views1 because he has argued the cause of the south with vastly more ability than it has been argued by any one among themselves4 ,if his conclusions1 then1 be not tenable1 their case is lost4#i ,mr4 ,webster casts away the 8,proviso0 altogether4 ,he says1 8,if a resolution or a law were now before us to provide a territorial government for ,new ,mexico1 ,i would not vote to put any prohibition into it whatever40 7p4 #dd47 ,the reason given is1 that slavery is already excluded from 8,california and ,new ,mexico0 8by the law of nature1 of physical geography1 the law of the formation of the earth40 7p4 #db47 8,california and ,new ,mexico are ,asiatic in their formation and scenery4 ,they are composed of vast ridges of mountains of enormous height1 with broken ridges and deep valleys40 7p4 #dc47 ,now1 this is drawing moral conclusions from physical premises4 ,it is arguing from physics to metaphysics4 ,it is determining the law of the spirit by geographical phenomena4 ,it is undertaking to settle by mountains and rivers1 and not by the ,ten ,commandments1 a great question of human duty4 ,it abandons the second commandment of ,christ and all bills of rights enacted in conformity thereto1 and leaves our obligations to our 8neighbor0 to be determined by the accidents of earth and water and air4 ,to ascertain whether a people will obey the ,divine command1 and do to others as they would be done by1 it looks at the thermometer4 ,what a problem would this be3 8,required the height above the level of the sea at which the oppressor #8will undo the heavy burdens and let the oppressed go free1 and break every yoke1'--to be determined barometrically40 ,alas6 this cannot be done4 ,slavery depends1 not upon climate1 but upon conscience4 ,wherever the wicked passions of the human heart can go1 there slavery can go4 ,slavery is an effect4 ,avarice1 sloth1 pride1 and the love of domination1 are its cause4 ,in ascending mountain sides1 at what altitude do men leave these passions behind them8 ,different vegetable growths are to be found at different heights1 depending also upon the zone4 ,this ,i can understand4 ,there is the altitude of the palm1 the altitude of the oak1 the altitude of the pine1 and1 far above them all1 the line of perpetual snow4 ,but1 in regard to innocence and guilt1 where is the white line8 ,how high up can a slaveholder go and not lose his free agency8 ,at what elevation will the whip fall from the hand of the master1 and the fetter from the limbs of the slave8 ,there is no such point4 ,freedom and slavery on the one hand1 and climate and geology on the other1 are incommensurable quantities4 ,we might as well attempt to determine a question in theology by the cube root1 or a question in ethics by the black art4 ,slavery1 being a crime founded upon human passions1 can go wherever those passions are unrestrained4 ,it has existed in ,asia from the earliest ages1 notwithstanding its 8formation and scenery40 ,it labors and groans on the flanks of the ,ural mountains now4 ,there are to-day forty-eight millions of slaves in ,russia1 not one rood of which comes down so low as the northern boundary of ,california and ,new ,mexico4 ,had ,mr4 ,webster's philosophy been correct1 then ,california was at superfluous pains when she incorporated the ordinance of #aghg into her constitution4 ,instead of saying that 8slavery and involuntary servitude1 7except for crime17 shall be forever prohibited10 she should have said1 8,whereas1 by a law of nature1 of physical geography1 the law of the formation of the earth10 8slavery cannot exist in ,california10 therefore we will not 8reaffirm an ordinance of nature1 nor reenact the will of ,god40 ,should it be said that slavery will not go into the new territories1 because it is unprofitable2 ,i ask1 ,where is it profitable8 ,where is ignorance so profitable as knowledge8 ,where is ungodliness gain1 even for the things of this life8 ,how little is the hand worth at one end of an arm1 if there is not a brain at the other6 ,do not ,maryland1 ,virginia1 ,north ,carolina1 and other states1 furnish witnesses by thousands and tens of thousands that slavery impoverishes8 ,yet with what enthusiasm they cherish it6 ,generally1 ignorance is a necessary concomitant of slavery4 ,of white persons1 over twenty years of age1 unable to read and write1 there were1 according to the last census1 #eh1ghg in ,virginia1 #ef1fji in ,north ,carolina1 #eh1eac in ,tennessee1 and so forth4 ,i have a letter before me1 received this morning1 dated in ,indiana1 in which the writer says1 he removed from ,north ,carolina in #ahjb1 when he was fourteen years old1 and at that time he had never seen a newspaper in his life4 ,can there be genius1 the inventive talent1 or profitable labor1 where ignorance is so dense8 ,can the oppression that tramples out voluntary industry1 enterprise1 intelligence1 and the desire of independence1 conduce to riches8 ,yet this is done wherever slavery exists1 and is part and parcel of its working4 ,is any other form of robbery profitable8 ,yet individuals and communities have practised it and lived by it1 and we may as well rely upon a 8law of physical geography0 to arrest the one as the other4 ,it is not poetry1 but literal truth1 that the breath of the slave blasts vegetation1 his tears poison the earth1 and his groans strike it with sterility4 ,it would be easy to show why the master does not abandon slavery1 even amid the desolation with which it has surrounded him4 ,there is a combination of poverty and pride1 which slavery produces1 on the doctrine of natural appetence1 and which1 therefore1 it exactly fits4 ,the helplessness of the master in regard to all personal wants seems to necessitate the slavery that has begotten it4 ,all moral and religious principles are lowered till they conform to the daily practice4 ,custom blinds conscience1 until1 without any attempt to emancipate or ameliorate their victims1 men can preach and pray and hold slaves1 as ,hamlet's grave digger jests and sings while he turns up skulls4 ,but slavery cannot go into ,california or ,new ,mexico1 because their staple productions are not 8tobacco1 corn1 cotton1 or rice40 7p4 #dd47 ,these are agricultural products4 ,but is slave labor confined to agriculture8 ,suppose that predial slavery will not become common in the new territories4 ,cannot menial8 ,if slaves cannot do field work1 cannot they do house work8 ,there is an opening for a hundred thousand slaves to-day in the new territories1 for purposes of domestic labor4 ,and beyond this1 let me ask1 who possesses any such geologic vision that1 at a distance of a thousand miles1 he can penetrate the valleys and gorges of ,new ,mexico1 and say that gold will not yet be found there as it is in ,california1--not in sand and gravel only1 but in forty-eight-pounders and fifty-sixes8 ,this is the very kind of labor on which slaves1 in all time1 have been so extensively employed1--the very labor on which a million of slaves in ,hispaniola lost their lives1 within a few years after its discovery by ,columbus4 ,gold deposits are now worked within twenty-five miles of ,santa ,fe4 ,the last account which ,i have seen1 of a company of emigrants passing from ,santa ,fe to ,california by the ,river ,gila1 announces rich discoveries of gold upon that river4 ,a fellow-citizen of mine has just returned home1 who says he saw a slave sold at the mines in ,california1 in ,september last4 ,as yet1 the distant regions of the ,gila and the ,colorado cannot be worked1 because of the ,apaches1 the ,utahs1 and other tribes of ,indians4 ,but admit slavery there1 and the power of the government will be invoked to exterminate these ,indians1 as it was before to exterminate the ,cherokees and ,seminoles1--not to drive them beyond the ,mississippi1 but beyond the ,styx4 ,a few days since a letter was published in the papers1 dated on board a steamer descending the ,mississippi1 which stated that a considerable number of slaves were on board1 bound for ,california1 under an agreement with their masters that they should be free after serving two years at the mines4 ,we know1 too1 that the reason assigned for incorporating a provision in the constitution of ,california1 authorizing its legislature to pass laws for the exclusion of free blacks from the state1 was1 that slaves would be brought there under this very form of agreement1 and by and by the country would be overspread by people of color who had bought their freedom4 ,the sagacious men who framed the ,california constitution came from all parts of the territory1 and1 being collected on the spot1 having surveyed all its mountains1 having breathed its air at all temperatures1 and turned up its golden soil1--these men had never discovered any 8law of physical geography0 which the fell spirit of slavery could not transgress4 ,slaves were carried into ,oregon1 ten degrees of latitude higher up4 ,its colonists renacted the ordinance of #aghg before ,congress gave them a territorial government4 ,in the territorial government that was given them1 the prohibition was inserted2 and ,president ,polk signed the bill1 with an express protest1 that he ratified this exclusion of slavery only because the country lay north of the ,missouri compromise line2 but declared that1 had it embraced the very region in question1 he would have vetoed the bill4 ,general ,cass never took the ground that slavery could not exist in the new territories2 and no inconsiderable part of the opposition made to him in ,massachusetts and in other free states1 was placed expressly upon the ground that he would not prohibit it4 ,mr4 ,webster1 in his ,marshfield speech1 ,september #a1 #ahdh1 opposed the election of ,general ,cass1 because1 through his recreancy to northern principles1 slavery would invade the territories4 ,this was expressed with his usual clearness and force1 as follows3-- 8,he1 ,general ,,cass1 will surely have the ,senate2 and with the patronage of the government1 with every interest that he1 as a northern man1 can bring to bear1 coperating with every interest that the south can bring to bear1 we cry safety before we are out of the woods1 if we feel that there is no danger as to these new territories40 ,yet ,mr4 ,webster now says1 that to support the 8,proviso10 would 8do disgrace to his own understanding40 7p4 #df47 ,during the same campaign1 also1 the ,hon4 ,rufus ,choate1 one of the most eloquent men in ,new ,england1 and known to be the personal friend of ,mr4 ,webster1 delivered a speech at ,salem1 in which the following passage occurs3-- 8,it is the passage of a law to say that ,california and ,new ,mexico shall remain forever free4 ,that is1 fellow-citizens1 undoubtedly an object of great and transcendent importance2 for there is none who will deny that we should go up to the very limits of the constitution itself1 and with the wisdom of the wisest1 and zeal of the most zealous1 should unite to accomplish this great object1 and to defeat the always detested1 and forever to be detested object of the dark ambition of that candidate of the ,baltimore convention1 7,general ,,cass17 who has ventured to pledge himself in advance that he will veto the future law of freedom2 and may ,god avert the madness of all those who hate slavery and love freedom1 that would unite in putting him in the place where his thrice accursed pledge may be redeemed6444 ,is there a ,whig upon this floor who doubts that the strength of the ,whig party next ,march will insure freedom to ,california and ,new ,mexico1 if by the constitution they are entitled to freedom at all8 ,is there a member of ,congress that would not vote for freedom8 ,you know there is not one4 ,did not every ,whig member of ,congress from the free states vote at the last session for freedom8 ,you know that every man of them returned home covered with the thanks of his constituents for that vote4 ,is there a single ,whig constituency1 in any free state in this country1 that would return any man that would not vote for freedom8 ,do you believe that ,daniel ,webster himself could be returned if there was the least doubt upon the question80 ,mr4 ,choate then adds3 8,upon this question alone1 we always differ from those ,whigs of the south2 and on that one1 we propose simply to vote them down40 ,mr4 ,webster now says he will not join in voting them down4 ,under such circumstances1 is it frivolous or captious to ask for something more than a dogmatic assertion that slavery cannot impregnate these new regions1 and cause them to breed monsters forever8 ,on a subject of such infinite importance ,i cannot be satisfied with a dictum2 ,i want a demonstration4 ,i cannot accept the prophecy without inquiring what spirit inspired the prophet4 ,as a revelation from ,heaven1 it would be most delightful2 but1 as it conflicts with all human experience1 it requires at least one undoubted miracle to attest the divinity of its origin4 ,according to the last census1 there were more than eight thousand persons of ,african blood in ,massachusetts4 ,abolish the moral and religious convictions of our people1 let slavery appear to be in their sight not only lawful and creditable1 but desirable as a badge of aristocratic distinction1 and as a 8political1 social1 moral1 and religious blessing10 and what obstacle would prevent these eight thousand persons from being turned into slaves1 on any day1 by the easy1 cheap1 and shorthand kidnapping of a legislative act8 ,africans can exist here1 for the best of all reasons1--they do exist here4 ,a state of slavery would not stop their respiration1 nor cause them to vanish 8into thin air40 ,think1 for a moment1 of the complaints we constantly hear in certain circles1 of the difficulty and vexatiousness of commanding domestic service4 ,if no moral or religious objection existed against holding slaves1 would not many of those respectable and opulent gentlemen who signed the letter of thanks to ,mr4 ,webster1 and hundreds of others indeed1 instead of applying to intelligence offices1 or visiting emigrant ships for 8domestics10 as we call them1 go at once to the auction room and buy a man or a woman with as little hesitancy or compunction as they now send to ,brighton for beeves1 or go to ,tattersall's for a horse8 ,if the cold of the higher latitudes checks the flow of ,african blood1 or benumbs ,african limbs1 the slaveholder knows very well that a trifling extra expense for whips will make up for the difference4 ,but suppose a doubt could be reasonably entertained about the invasion of the new territories by slavery4 ,even suppose the chances to preponderate against it4 ,what then8 ,are we to submit a question of human liberty over vast regions and for an indefinite extent of time1 to the determination of chance8 ,with all my faculties ,i say1 ,no6 ,let me ask any man1 let me respectfully ask ,mr4 ,webster himself1 if it were his own father and mother1 and brothers and sisters1 and sons and daughters1 who were in peril of such a fate1 whether he would abandon them to chance1--even to a favorable chance4 ,would he suffer their fate to be determined by dice or divination1 when positive prohibition was in his power8 ,and by what rule of ,christian morality1 or even of enlightened heathen morality1 can we deal differently with the kindred of others from what we would with our own8 ,he is not a ,christian whose humanity is bounded by the legal degrees of blood1 or by general types of feature4 ,but ,mr4 ,webster would not 8taunt0 the south4 ,neither would ,i4 ,i would not taunt any honorable man1 much less a criminal4 ,still1 when the most precious interests of humanity are in peril1 ,i would not be timid4 ,i would not stop too long to cull lovers' phrases4 ,standing under the eye of ,god1 in the forum of the world and before the august tribunal of posterity1 when the litigants are freedom and tyranny1 and human happiness and human misery the prize they contest1 it should happen to the sworn advocate of liberty1 as ,quintilian says it did to ,demosthenes1 8not to speak and to plead1 but to thunder and to lighten40 ,mr4 ,webster would not taunt the south2 and yet ,i say the south were never so insulted before as he has insulted them4 ,common scoffs1 jeers1 vilifications1 are flattery and sycophancy compared with the indignities he heaped upon them4 ,look at the facts4 ,the south waged war with ,mexico from one1 and only one1 motive2 for one1 and only one1 object1--the extension of slavery4 ,they refused peace unless it surrendered territory4 ,that territory must be south of the abhorred line of #cf #cj4 ,the same ,president who abandoned the broad belt of country on our northern frontier1 from #di to #ed #dj1 to which we had1 in his own words1 8an unquestionable title10 would allow no prohibition of slavery to be imposed upon the territory which ,mexico ceded1 though she would bury it a foot deep in gold4 ,the ,proviso had been resisted in all forms1 from the beginning4 ,southern ,whigs voted against the ratification of the treaty1 foreseeing the struggle that was to follow4 ,desperate efforts had been made1 at the close of the last session of ,congress1 to smuggle in an unrestricted territorial government1 against all parliamentary rule and all constitutional implication4 ,the whole south1 as one man1 claimed it as a 8describable1 weighable1 estimable1 tangible10 and most valuable 8right0 to carry slaves there4 ,calhoun1 ,berrien1 ,badger1 ,mason1 ,davis1--the whole southern phalanx1 ,whig and ,democrat1 pleaded for it1 argued for it1 and most of them declared themselves ready to fight for it2 and yet ,mr4 ,webster rises in his place1 and tells them they are all moonstruck1 hallucinated1 fatuous2 because 8an ordinance of nature and the will of ,god0 had settled this question against them from the beginning of the world4 ,mr4 ,calhoun said1 immediately after this speech1 8,give us free scope and time enough1 and we will take care of the rest40 ,,mr4 ,,mason said1-- 8,we have heard here from various quarters1 and from high quarters1 and repeated on all hands1--repeated here again to-day by the honorable senator from ,illinois1 ,mr4 ,,shields1 that there is a law of nature which excludes the southern people from every portion of the state of ,california4 ,i know of no such law of nature1--none whatever2 but ,i do know the contrary1 that if ,california had been organized with a territorial form of government only1 and for which1 at the last two sessions of ,congress1 she has obtained the entire southern vote1 the people of the ,southern ,states would have gone there freely1 and have taken their slaves there in great numbers4 ,they would have done so1 because the value of the labor of that class would have been augmented to them many hundred fold4 ,why1 in the debates which took place in the convention in ,california which formed the constitution1 and which any senator can now read for himself1 after the provision excluding slavery was agreed upon1 it was proposed to prohibit the ,african race altogether1 free as well as bond4 ,a debate arose upon it1 and the ground was distinctly taken1 as shown in those debates1 that if the entire ,african race was not excluded1 their labor would be found so valuable that the owners of slaves would bring them there1 even though slavery were prohibited1 under a contract to manumit them in two or three years4 ,and it required very little reasoning1 on the part of those opposed to this class of population1 to show that the productiveness of their labor would be such as to cause that result4 ,an estimate was gone into with reference to the value of the labor of this class of people1 showing that it would be increased to such an extent in the mines of ,california1 that they could not be kept out4 ,it was agreed that the labor of a slave in any one of the states from which they would be taken1 was not worth more than one hundred or one hundred and fifty dollars a year1 and that in ,california it would be worth from four to six thousand dollars4 ,they would work themselves free in one or two years1 and thus the country would be filled by a class of free blacks1 and their former owners have an excellent bargain in taking them there40 ,yet ,mr4 ,webster stands up before all this array1 and says1 8,gentlemen1 you are beside yourselves4 ,you have eaten #8of the insane root4' ,you would look more in character should you put on the #8cap and bells4' ,in sober sense1 in seeing his object clearly and in pursuing it directly1 ,don ,quixote was ,doctor ,franklin1 compared with you4 ,the dog in the fable1 who dropped his meat to snap at his shadow1 is no allegory in your case4 ,i see two classes around me1--wise men and fools2 you do not belong to the former4 ,the chancellor1 who keeps the king's idiots1 should have custody of you40 ,such is a faithful abstract of what ,mr4 ,webster said to southern senators1 and1 through them1 to all the south4 ,here certainly was a reflection upon the understanding and intelligence of the south1 such as never was cast upon them before4 ,but the balm went with the sting4 ,they bore the affront to their judgments1 because it was so grateful to their politics and pockets4 ,i think it no injustice to those senators to say1 that they would have nearly torn ,mr4 ,webster in pieces for such a collective insult1 had it not promised to add1 what ,mr4 ,mason called 8many hundred fold10 to their individual property1 and to secure and perpetuate their political ascendency4 ,to help our conceptions in regard to ,mr4 ,webster's course on this subject1 let us imagine a parallel case1--or1 rather1 an approximate one1 for there can be no parallel4 ,suppose a contest between the north and the south1 on the subject of the tariff1 to have been raging for years4 ,the sober blood of the north is heated to the fever point4 ,the newspapers treat of nothing else4 ,public meetings and private conversations discuss no other theme4 ,hundreds of delegates wait upon ,congress to add1 if it be but a feather's weight1 to the scale which holds their interests4 ,petitions flow in1 in thousands and tens of thousands4 ,it is announced that ,mr4 ,calhoun will pour out his great mind on the subject4 ,expectation is on tiptoe4 ,all eyes1 from all sides of the country1 are turned towards ,washington1 as the ,moslem's to ,mecca4 ,the senate chamber is packed1 and the illustrious senator rises4 ,after an historic sketch of existing difficulties1 after reading from the speeches which he made in #ahcb and in #ahdf1 he proceeds to say that he withdraws all opposition to a tariff1--to any tariff6 ,he will not offend the delicate nerves of northern manufacturers by further hostility4 ,were a bill then before him1 he would not oppose it4 8,take the schedules10 says he1 scornfully1 to northern senators1 8and fill up the blanks from ,a to ,z with what per centages you please4 ,for ad valorem rates1 put in minimums and maximums at your pleasure4 ,i will #8taunt' you no longer4 ,i am for peace and the glorious ,union4 ,i have discovered an irrepealable and irreversible law of nature1 which overrules all the devices of men4 ,you cannot make one yard of woollens or cottons in ,new ,england4 ,there1 water has no gravity1 steam has no force1 and wheels will not revolve4 ,in ,vermont and ,new ,york1 wool will not grow on sheep's backs4 ,i have penetrated the geology of ,pennsylvania1 and through all its stratifications there is not a thimble full of coal1 nor an ounce of iron ore2 and1 if there were1 combustion would not help to forge it2 for oxygen and carbon are divorced4 ,as ,massachusetts contributed one third of the men and one third of the money to carry on the revolutionary war1 ,i am willing to compensate her for her lost blood and treasure to the amount of hundreds of millions of dollars1 with which she may fertilize the barrenness of her genius1 and indulge her insane love for churches and schools40 ,had the great southern senator spoken thus1 ,i think that even idolatrous1 man-worshipping ,south ,carolina1--a state which ,mr4 ,calhoun has ruled and moved for the last twenty-five years1 as a puppet showman plays ,punch and ,judy1--would have sent forth1 through all her organs1 a voice of unanimous dissent4 ,as much as freedom is higher than tariff1 so much stronger than their dissent should be ours4 ,mr4 ,webster's averment that he would not 8reffirm an ordinance of nature1 nor renact the will of ,god10 7p4 #dd17 has been commented on more pungently than ,i am able or willing to do4 ,it has been well said that all law and all volition must be in harmony with the will of the ,good ,spirit1 or with that of the evil one2 and if we will not renact the will of the former1 then1 either all legislation ceases1 or we must register the decrees of the latter4 ,but one important and pertinent consideration belongs to this subject1 which ,i have nowhere seen developed4 ,it is this3 ,endless doubts and contradictions exist among men1 as to what is the will of ,god2 and on no subject is there a wider diversity of opinion than on this very subject of slavery4 ,whose law was renacted by the ordinance of #aghg8 whose1 when the ,african slave trade was prohibited8 whose1 when it was declared piracy8 ,true1 it is useless to put upon our statute books an astronomical law1 regulating sunrise1 or high tides2 but that is physical and beyond the jurisdiction of man1 while slavery belongs to morals1 and is within the jurisdiction of man4 ,cease to transcribe upon the statute book what our wisest and best men believe to be the will of ,god in regard to our worldly affairs1 and the passions which we think appropriate to devils will soon take possession of society4 ,in regard to slavery1 piracy1 and so forth1 there are multitudes of men whose fear of the penal sanctions of another life is very much aided by a little salutary fine and imprisonment in this4 ,look at that noble array of principles which is contained in the ,declaration of ,rights in the constitution of ,massachusetts4 ,is it not a most grand and beautiful exposition of 8the will of ,god10--a transcript1 as it were1 from the ,book of ,life8 ,so of the amendments to the constitution of the ,united ,states4 ,yet our fathers thought it no tampering with holy things to enact them2 and1 in times of struggle and peril1 they have been to many a tempted man as an anchor to the soul1 sure and steadfast4 ,i approach ,mr4 ,webster's treatment of the ,texas question with no ordinary anxiety4 ,having been accustomed from my very boyhood to regard him as the almost infallible expounder of constitutional law1 it is impossible to describe the struggle1 the revulsion of mind1 with which ,i have passed from an instructed and joyous acquiescence in his former opinions to unhesitating dissent from his present ones4 ,i must premise that ,i cannot see any necessary or beneficial connection between the subject of new ,texan states and the admission of ,california and the government of the territories4 ,the former refers to some indefinite future1 when1 from its fruitful womb of slavery1 ,texas shall seek to cast forth an untimely birth4 ,in this excited state of the country1 at this critical juncture of our affairs1 when there is sober talk of massacring a majority of the ,house of ,representatives on their own floor1 and a senator1 instead of merely threatening to hang a brother senator on the highest tree1 provided he could catch him in his own state1 now draws a revolver of six barrels on another brother senator1 on the floor of the ,senate1 in mid-session2 at such a time1 ,i say1 when1 however few ,abels there may be at work in the political field1 there are ,cains more than enough1 would it not have been well to have acted upon the precept1 8,sufficient unto the day is the evil thereof08 ,as the basis of his argument1 ,mr4 ,webster quotes the following resolution for the admission of ,texas1 passed ,march #a1 #ahde3-- 8,new states of convenient size1 not exceeding four in number1 in addition to said ,state of ,texas1 and having sufficient population1 may hereafter1 by the consent of the said state1 be formed out of the territory thereof1 which shall be entitled to admission under the provisions of the federal constitution4 ,and such states as may be formed out of that portion of said territory lying south of #cf #cj north latitude1 commonly known as the ,missouri compromise line1 shall be admitted into the ,union with or without slavery1 as the people of each state asking admission may desire2 and in such state or states as shall be formed out of said territory north of said ,missouri compromise line1 slavery or involuntary servitude1 7except for crime17 shall be prohibited40 ,note here1 first1 that only 8four0 states are to be admitted in 8addition to said state of ,texas20 and second1 that 8such state or states10 7in the plural17 as shall be formed from territory north of #cf #cj1 shall be free4 ,if two1 or only one free state is to exist on the north side of the line1 then how many will be left for the south side8 ,i should expose myself to ridicule were ,i to set it down arithmetically1 four minus one1 equal to three4 ,yet ,mr4 ,webster says1 8,the guaranty is1 that new states shall be made out of it1 the ,texan territory1 and that such states as are formed out of that portion of ,texas lying south of #cf #cj1 may come in as slave states1 to the number of ,,four1 in addition to the state then in existence1 and admitted at that time by these resolutions40 7p4 #bi47 ,here ,mr4 ,webster gives outright to the south and to slavery1 one more state than was contracted for1--assuming the contract to be valid4 ,he makes a donation1 a gratuity1 of an entire slave state1 larger than many a ,european principality4 ,he transfers a whole state1 with all its beating hearts1 present and future2 with all its infinite susceptibilities of weal and woe1 from the side of freedom to that of slavery1 in the ledger book of humanity4 ,what a bridal gift for the harlot of bondage6 ,was not the bargain hard enough1 according to its terms8 ,must we fulfil it1 and go beyond it8 ,is a slave state1 which dooms our brethren of the human race1 perhaps interminably1 to the vassal's fate1 so insignificant a trifle1 that it may be flung in1 as small change on the settlement of an account8 ,has the south been so generous a copartner as to deserve this distinguished token of our gratitude8 ,why1 by parity of reasoning1 could he not have claimed all the four states1 8in addition to said state of ,texas10 as free states8 ,the resolutions divide the territory into two parts1 one north and one south of the line of #cf #cj4 ,could not ,mr4 ,webster have claimed the four states for freedom1 with as sound logic and with far better humanity than he surrendered them all to slavery8 ,when ,texas and the south have got their slave states 8to the number of four0 into the ,union1 whence are we to obtain our one or more free states8 ,the contract will have been executed1 and the consent of ,texas for another state will be withheld4 ,notwithstanding all this1 ,mr4 ,webster affirms the right of slavery to four more states1 in the following words3 8,i know no form of legislation which can strengthen this4 ,i know no mode of recognition that can add a tittle of weight to it40 ,catching the tone of his asseveration1 ,i respond that ,i know no form of statement1 nor process of reasoning1 which can make it more clear1 that this is an absolute and wanton surrender of the rights of the north and the rights of humanity4 ,but ,i hold the ,texan resolutions to have been utterly void2 and proceed to give the reasons for my opinion4 ,i begin by quoting ,mr4 ,webster against himself4 ,in an address to the people of the ,united ,states1 emanating from the ,massachusetts ,anti-,texas state convention1 held ,january #bith1 #ahde1 the subjoined passage1 which is understood1 or rather1 ,i may say1 is now well known1 to have been dictated by ,mr4 ,webster himself1 may be found3-- 8,but we desire not to be misunderstood4 ,according to our convictions1 there is no power in any branch of the government1 or all its branches1 to annex foreign territory to this ,union4 ,we have made the foregoing remarks only to show1 that1 if any fair construction could show such a power to exist any where1 or to be exercised in any form1 yet the manner of its exercise now proposed is destitute of all decent semblance of constitutional propriety40 ,thus cancelling the authority of ,mr4 ,webster in #ahej by the authority of ,mr4 ,webster in #ahde1 ,i proceed with the argument4 ,though the annexation of ,texas was in pursuance of a void stipulation1 yet it is a clear principle of law1 that when a contract void between the parties1 has been executed by them1 it cannot then be annulled4 ,if executed1 it becomes valid1 not by virtue of the contract but by virtue of the execution4 ,i bow to this legal principle1 and would fulfil it4 ,but any independent stipulation which remains unexecuted1 remains invalid4 ,such is that part of the annexation resolutions which provides for the admission of a brood of ,texan states4 ,the resolutions themselves say1 in express terms1 that the new states are to be admitted 8under the provisions of the federal constitution20 and the federal constitution says1 8,new states may be admitted by the ,congress into this ,union40 ,by what ,congress8 ,plainly1 by the ,congress in session at the time when application for admission is made2 and by no other4 ,the fourth ,texan state may not be ready for admission for fifty years to come2 and could the ,congress of #ahde bind the ,congress of #aijj8 ,the ,congress of #aijj1 and all future ,congresses1 will derive their authority from the constitution of the ,united ,states1 and not from any preceding ,congress4 ,put the case in a negative form4 ,could the ,congress of #ahde bind all future ,congresses not to admit new states1 and thus1 pro tanto1 annul the constitution8 ,positive or negative1 the result is the same4 ,no previous ,congress1 on such a subject1 can enlarge or limit the power of a subsequent one4 ,whenever1 therefore1 the question of a new ,texan state comes up for consideration1 the ,congress then in being must decide it on its own merits1 untrammelled by any thing their predecessors have done2 and1 especially1 free from a law which1 while similar in spirit1 is a thousand times more odious in principle than statutes of mortmain4 ,admitting that a future ,congress1 on such a subject1 might be bound by a treaty1 ,i answer that there was no treaty2 while the fact that a treaty clause was introduced into the resolutions1 in the ,senate1 for the sake of obtaining certain votes that would never otherwise have been given in their favor1 and under an express pledge from the ,executive that the method by treaty should be adopted1 which pledge was forthwith iniquitously broken by the ,president1 leaves no element of baseness and fraud by which this proceeding was not contaminated4 ,in the name of the constitution1 then1 and of justice1 let every honest man denounce those resolutions as void alike in the forum of law and in the forum of conscience2 and1 admitting ,texas herself to be in the ,union1 yet1 when application is made for any new state from that territory1 let the question be decided upon the merits it may then possess4 ,and was not ,mr4 ,webster of the same opinion1 when1 in ,faneuil ,hall1 in ,november1 #ahde1 after the resolutions of annexation had passed1 he made the following emphatic1 but unprophetic1 declaration3-- 8,it is thought1 it is an idea ,i do not say how well founded1 that there may yet be a hope for resistance to the consummation of the act of annexation4 ,i can only say for one1 that if it should fall to my lot to have a vote on such a question1 ,,and ,i ,,vote ,,for ,,the ,,admission ,,into ,,this ,,union ,,of ,,any ,,state ,,with ,a ,,constitution ,,which ,,prohibits ,,even ,,the ,,legislature ,,from ,,ever ,,seeing ,,the ,,bondmen ,,free1 ,i ,,shall ,,never ,,show ,,my ,,head ,,again1 ,,depend ,,upon ,,it1 ,,in ,,faneuil ,,hall40 ,there is another objection to any future claim of ,texas to be divided into states1 which grows out of her own neglect to fulfil the terms and spirit of the agreement4 ,in the 8territory north of the ,missouri compromise line1 slavery or involuntary servitude1 7except for crime17 shall be prohibited40 ,so reads the bond4 ,but if ,texas suffer slavery to be extended over that part of her territory1 then1 when it becomes populous enough for admission1 and is overspread with slavery1 a new state may present a free constitution1 be admitted by ,congress1 and before the slaves have time to escape1 or to carry the question of freedom before the judicial tribunals1 presto6 this free constitution will be changed into a slave constitution1 under the alleged right of a state to decide upon its own domestic institutions2 and thus the word of promise1 which was kept to the ear1 will be broken to the hope4 ,if ,texas meant to abide by the resolutions of annexation1 and to claim any thing under them1 it was her clear and imperative duty forthwith to pass a law1 securing freedom to every inhabitant north of the compromise line4 ,in this way only can the resolutions be executed in their true spirit4 ,that territory is now in the condition of an egg4 ,it is undergoing incubation4 ,from it a state is hereafter to be hatched2 but before promising to accept the chick1 it would be agreeable to know whether a viper had impregnated the egg4 ,there is a still further objection1 of whose soundness ,i have no doubt2 but should ,i be in error in regard to it1 the mistake will not invalidate any other argument4 ,the parties to that agreement stipulated on the ground of mutuality1 without which all contracts are void4 ,some states were to be admitted to strengthen the hands of slavery1 and some of freedom4 ,a line of demarcation was drawn4 ,now1 on investigation1 ,i believe it will most conclusively appear that there is not an inch of ,texan territory north of the stipulated line4 ,it all belongs to ,new ,mexico1 as much as ,nantucket or ,berkshire belongs to ,massachusetts4 ,it was a mistake on the part of the contracting parties2 if1 on the part of ,texas1 it was not something worse than a mistake4 ,the mutuality1 then1 fails4 ,the contract is nudum pactum4 ,texas can give nothing for what she was to receive2 and is1 therefore1 entitled to receive nothing but what she has got4 ,in regard to 8the business of seeing that fugitives are delivered up10 ,mr4 ,webster says1 8,my friend at the head of the judiciary committee1 ,mr4 ,,butler1 of ,south ,carolina1 has a bill on the subject now before the ,senate1 with some amendments to it1 which ,i propose to support1 with all its provisions1 to the fullest extent40 ,here is ,mr4 ,butler's bill1 with ,mr4 ,mason's amendments3-- ,a ,,bill ,to provide for the more effectual execution of the #c;d clause of the #b;d section of the #dth article of the ,constitution of the ,united ,states4 ,be it enacted by the ,senate and ,house of ,representatives of the ,united ,states of ,america in ,congress assembled1 ,that when a person held to service or labor in any state or territory of the ,united ,states1 under the laws of such state or territory1 shall escape into any other of the said states or territories1 the person to whom such service or labor may be due1 his or her agent or attorney1 is hereby empowered to seize or arrest such fugitive from service or labor1 and take him or her before any judge of the circuit or district courts of the ,united ,states1 or before any commissioner1 or clerk of such courts1 or marshal thereof1 or any postmaster of the ,united ,states1 or collector of the customs of the ,united ,states1 residing or being within such state wherein such seizure or arrest shall be made1 and upon proof to the satisfaction of such judge1 commissioner1 clerk1 marshal1 postmaster1 or collector1 as the case may be1 either by oral testimony or affidavit taken before and certified by any person authorized to administer an oath under the laws of the ,united ,states1 or of any state1 that the person so seized or arrested1 under the laws of the state or territory from which he or she fled1 owes service or labor to the person claiming him or her1 it shall be the duty of such judge1 commissioner1 clerk1 marshal1 postmaster1 or collector1 to give a certificate thereof to such claimant1 his or her agent or attorney1 which certificate shall be a sufficient warrant for taking and removing such fugitive from service or labor to the state or territory from which he or she fled4 ,,sec4 #b4 ,and be it further enacted1 ,that when a person held to service or labor1 as mentioned in the first section of this act1 shall escape from such service or labor1 as therein mentioned1 the person to whom such service or labor may be due1 his or her agent or attorney1 may apply to any one of the officers of the ,united ,states named in said section1 other than a marshal of the ,united ,states1 for a warrant to seize and arrest such fugitive1 and upon affidavit being made before such officer1 7each of whom for the purposes of this act is hereby authorized to administer an oath or affirmation17 by such claimant1 his or her agent1 that such person does1 under the laws of the state or territory from which he or she fled1 owe service or labor to such claimant1 it shall be1 and is hereby made1 the duty of such officer1 to and before whom such application and affidavit is made1 to issue his warrant to any marshal of any of the courts of the ,united ,states to seize and arrest such alleged fugitive1 and to bring him or her forthwith1 or on a day to be named in such warrant1 before the officer issuing such warrant1 or either of the officers mentioned in said first section1 except the marshal to whom the said warrant is directed1 which said warrant or authority the said marshal is hereby authorized and directed in all things to obey4 ,,sect4 #c4 ,and be it further enacted1 ,that upon affidavit made as aforesaid by the claimant of such fugitive1 his agent or attorney1 after such certificate has been issued1 that he has reason to apprehend that such fugitive will be rescued by force from his or their possession1 before he can be taken beyond the limits of the state in which the arrest is made1 it shall be the duty of the officer making the arrest to retain such fugitive in his custody1 and to remove him to the state whence he fled1 and there to deliver him to said claimant1 his agent or attorney4 ,and to this end1 the officer aforesaid is hereby authorized and required to employ so many persons as he may deem necessary to overcome such force1 and to retain them in his service so long as circumstances may require4 ,the said officer and his assistants1 while so employed1 to receive the same compensation and to be allowed the same expenses as are now allowed by law for transportation of criminals1 to be certified by the judge of the district within which the arrest is made1 and paid out of the treasury of the ,united ,states3 ,provided1 ,that1 before such charges are incurred1 the claimant1 his agent or attorney1 shall secure to said officer payment of the same1 and in case no actual force be opposed1 then they shall be paid by such claimant1 his agent or attorney4 ,,sec4 #d4 ,and be it further enacted1 ,when a warrant shall have been issued by any of the officers under the second section of this act1 and there shall be no marshal or deputy marshal within ten miles of the place where such warrant is issued1 it shall be the duty of the officer issuing the same1 at the request of the claimant1 his agent or attorney1 to appoint some fit and discreet person1 who shall be willing to act as marshal1 for the purpose of executing said warrant2 and such person so appointed shall1 to the extent of executing said warrant1 and detaining and transporting the fugitive named therein1 have all the power and authority1 and be1 with his assistants1 entitled to the same compensation and expenses provided in this act in cases where the services are performed by the marshals of the courts4 ,,sec4 #e4 ,and be it further enacted1 ,that any person who shall knowingly and willingly obstruct or hinder such claimant1 his agent or attorney1 or any person or persons assisting him1 her1 or them1 in so serving or arresting such fugitive from service or labor1 or shall rescue such fugitive from such claimant1 his agent or attorney1 when so arrested1 pursuant to the authority herein given or declared1 or shall aid1 abet1 or assist such person so owing service or labor to escape from such claimant1 his agent or attorney1 or shall harbor or conceal such person1 after notice that he or she was a fugitive from labor1 as aforesaid1 shall1 for either of the said offences1 forfeit and pay the sum of one thousand dollars1 which penalty may be recovered by and for the benefit of such claimant1 by action of debt in any court proper to try the same1 saving1 moreover1 to the person claiming such labor or service1 his right of action for1 or on account of1 the said injuries1 or either of them4 ,,sec4 #f4 ,and be it further enacted1 ,that when said person is seized or arrested1 under and by virtue of the said warrant1 by such marshal1 and is brought before either of the officers aforesaid1 other than the said marshal1 it shall be the duty of such officer to proceed in the case of such person1 in the same way as he is directed and authorized to do when such person is seized and arrested by the person claiming him1 or by his or her agent or attorney1 and is brought before such officer under the provisions of the first section of this act4 ,,amendments ,intended to be proposed by ,mr4 ,mason to the bill 7,senate1 #bc7 to provide for the more effectual execution of the third clause of the second section of the fourth article of the ,constitution of the ,united ,states4 ,at the end of section #e1 add3 ,and any person or persons offending against the provisions of this section1 to be moreover deemed guilty of a misdemeanor1 or of obstructing the due execution of the laws of the ,united ,states1 and upon conviction thereof shall be fined in the sum of one thousand dollars1 one half whereof shall be to the use of the informer2 and shall also be imprisoned for the term of twelve months4 ,at the end of section #f1 add3 ,and in no trial or hearing under this act shall the testimony of such fugitive be admitted in evidence4 ,it will be observed that the first section of the bill1 after constituting the judges of the courts1 the seventeen thousand postmasters1 the collectors1 c41 tribunals1 without appeal1 for the delivery of any body1 who is sworn by any body1 any where1 to be a fugitive slave1 refers to the before-mentioned officers in the words 8residing or being within such state where such seizure or arrest is made40 ,that is1 the judge1 postmaster1 collector1 c41 need not be an inhabitant of the state1 or hold his office in the state where the seizure is made2 but it is sufficient if he is such officer any where within the ,united ,states4 ,mr4 ,butler or ,mr4 ,mason1 therefore1 may send the postmaster of his own city or village into ,massachusetts1 with an agent or attorney1 who brings his affidavit from ,south ,carolina or ,virginia1 in his pocket2 the agent or attorney may arrest any body1 at any time1 carry him before his accomplice1 go through with the judicial forms1 and hurry him to the south2 the officer1 after his judicial functions are discharged1 turning bailiff1 protecting the prey and speeding the flight6 ,still further2 this bill derides the trial by jury1 secured by the constitution4 ,a man may not lose a horse without a right to this trial2 but he may his freedom4 ,mr4 ,webster spoke for the south and for slavery2 not for the north and for freedom1 when he abandoned this right4 ,such an abandonment1 it would be impossible to believe of one who has earned such fame as defender of the constitution2 it would be more reasonable to suppose the existence of some strange misapprehension1 had not ,mr4 ,webster1 with that precision and strength which are so peculiarly his own1 declared his determination to support this hideous bill1 8with all its provisions to the fullest extent10 when1 at the same moment1 another bill1 of which he took no notice1 was pending before the ,senate1 introduced by ,mr4 ,seward1 of ,new ,york1 securing the invaluable privilege of a jury trial4 ,i disdain to avail myself1 in a sober argument1 of the popular sensitiveness on this subject2 and ,i acknowledge my obligations to the constitution while it is suffered to last4 ,but still ,i say1 that the man who can read this bill without having his blood boil in his veins1 has a power of refrigeration that would cool the tropics4 ,i cannot doubt that ,mr4 ,webster will yet see the necessity of reconsidering his position on this whole question4 ,mr4 ,webster says1 8,it is my firm opinion1 this day1 that within the last twenty years as much money has been collected and paid to the abolition societies1 abolition presses1 and abolition lecturers1 as would purchase the freedom of every slave1 man1 woman1 and child1 in the ,state of ,maryland1 and send them all to ,liberia40 ,the total number of slaves in ,maryland1 according to the last census1 amounted to #hi1dje4 ,at #bej apiece1--which is but about half the value commonly assigned to southern slaves by southern men1--this would be #bb1cgc1gej4 ,allowing #cj each for transportation to ,liberia1 without any provision for them after their arrival there1 the whole sum would be #be1jeh1fjj1--;in round numbers1 twenty-five millions of dollars6 more than a million and a quarter in each year1 and about thirty-five hundred dollars per day4 ,i had not supposed the abolitionists had such resources at their command6 ,i have dwelt thus long upon ,mr4 ,webster's speech1 because in connection with his two votes in favor of ,mr4 ,foote's committee of compromise1 which votes1 had they been the other way1 would have utterly defeated the committee1 it is considered to have done more to jeopard the great cause of freedom in the territories1 than any other event of this disastrous session4 ,i have spoken of ,mr4 ,webster by name1 and1 ,i trust1 in none but respectful terms4 ,i might have introduced other names1 or examined his positions without mentioning him4 ,i have taken what seemed to me the more manly course2 and if these views should ever by chance fall under his eye1 ,i believe he has magnanimity enough to respect me the more for the frankness ,i have used4 ,if ,i am wrong1 ,i will not add to an error of judgment the meanness of a clandestine attack4 ,if ,i am right1 no one can complain2 for we must all bow before the majesty of truth4 ,i have now noticed the principal events which have taken place in ,congress1 and which have led to what military men would call the 8demoralization0 of many of the rank and file of its members4 ,some recent movements have brought vividly to mind certain historical recollections in regard to the ,african slave trade1 now execrated by all civilized nations4 ,when the immortal ,wilberforce exposed to public gaze the secrets of that horrid traffic1 his biographer says1 8,the first burst of generous indignation promised nothing less than the instant abolition of the trade1 but mercantile jealousy had taken the alarm1 and the defenders of the ,west ,india system found themselves strengthened by the independent alliance of commercial men40--,life of ,wilberforce1 vol4 i4 p4 #bia4 ,again2 opposition to ,wilberforce's motion 8arose amongst the ,guinea merchants10--8renforced1 however1 before long by the great body of ,west ,india planters40--,ibid4 ,the corporation of ,liverpool spent1 first and last1 upwards of #aj1jjj in defence of a traffic which even the gravity and calmness of judicial decisions have since pronounced 8infernal40 8,besides printing works in defence of the slave trade and remunerating their authors2 paying the expenses of delegates to attend in ,london and watch ,mr4 ,wilberforce's proceedings1 they pensioned the widows of ,norris and ,green1 and voted plate to ,mr4 ,penny1 for their exertions in this cause40--,ibid4 p4 #cde4 ,it is said1 that the corporation of ,liverpool1 at this time1 8believed firmly that the very existence of the city depended upon the continuance of the traffic40 ,look at ,liverpool now1 and reflect what greater rewards1 even of a temporal nature1 ,god reserves for men that abjure dishonesty and crime4 ,all collateral motives were brought to bear upon the subject1 just as they are at the present time4 ,the ,guinea trade was defended 8as a nursery for seamen40--,ibid4 p4 #bic4 ,even as late as #ahaf1 the same class of men1 in the same country1 opposed the abolition of 8white slavery0 in ,algiers1 from the same base motives of interest4 ,it was thought that the danger of navigating the ,mediterranean1 caused by the ,barbary corsairs1 was advantageous to ,british commerce2 because it might deter the merchant ships of other nations from visiting it4 ,after ,lord ,exmouth had compelled the ,algerines to liberate their ,european slaves1 he proceeded against ,tunis and ,tripoli4 ,in giving an account of what he had done1 he defends his conduct 8upon general principles10 but adds1 8as applying to our own country1 ,great ,britain1 it may not be borne out1 the old mercantile interest being against it40--,osler's ,life of ,exmouth1 p4 #cjc4 ,so after ,admiral ,blake1 in the time of ,cromwell1 had attacked ,tunis1 he says1 in his despatch to ,secretary ,thurloe1 8,and now seeing it hath pleased ,god soe signally to justify us herein1 ,i hope his highness will not be offended at it1 nor any who regard duly the honor of the nation1 although ,i expect to have the clamors of ,,interested ,,men40--,thurloe's ,state ,papers1 vol4 ii4 p4 #cij4 ,and is commerce1 the daughter of freedom1 thus forever to lift her parricidal hand against the parent that bore her8 ,are rich men forever to use their 8thirty pieces of silver10 or their 8ten thousand pounds sterling10 or their hundreds of thousands of dollars1 to reward the ,judases for betraying their ,savior8 ,viewed by the light of our increased knowledge1 and by our more elevated standard of duty1 the extension of slavery into ,california or ,new ,mexico1 at the present time1 or even the sufferance of it there1 is a vastly greater crime than was the ,african slave trade itself1 in the last century2 and ,i would rather meet the doom of posterity1 or of heaven1 for being engaged in the traffic then1 than for being accessory to its propagation now4 ,let those who aid1 abet1 or connive at slavery extension now1 as they read the damning sentence which history has awarded against the actors1 abettors1 and connivers of the ,african trade1 but change the names1 and they will be reading of themselves4 ,should our new territories be hereafter filled with groaning bondmen1 should they become an ,american ,egypt1 tyrannized over by ten thousand ,pharaohs1 it will be no defence for those who permitted it1 to say1 8,we hoped1 we supposed1 we trusted1 that slavery could not go there20 ,nemesis1 as she plies her scorpion lash1 will reply1 8,you might have made it certain40 ,on this great question of freedom or slavery1 ,i have observed with grief1 nay1 with anguish1 that we1 at the north1 break up into hostile parties1 hurl criminations and recriminations to and fro1 and expend that strength for the ruin of each other1 which should be directed against the enemies of liberty2 while1 at the south1 whenever slavery is in jeopardy1 all party lines are obliterated1 dissensions are healed1 enemies become friends1 and all are found in a solid column1 with an unbroken front4 ,are the children of darkness to be forever so much wiser than the children of light8 ,in the recent choice of delegates for the ,nashville convention1 ,i have not seen a single instance where ,whig and ,democrat have not been chosen as though they were ,siamese twins1 and must go together4 ,but here it often happens1 that as soon as one party is known to be in favor of one man1 this preference alone is deemed a sufficient reason why another party should oppose him4 ,why can we not combine for the sacred cause of freedom1 as they combine for slavery8 ,no thought or desire is further from my mind than that of interfering with any man's right of suffrage2 but if1 7which is by no means impossible1 nor perhaps improbable17 the fate of ,new ,mexico should be decided by one vote1 and my vote should have been the cause of a vacancy in any ,congressional district that might have sent a friend to freedom1 ,i should say1 with ,cain1 8,my punishment is greater than ,i can bear40 ,on the subject of the present alienation and discord between the north and the south1 ,i wish to say that ,i have as strong a desire for reconciliation and amity as any one can have4 ,there is no pecuniary sacrifice within the limits of the constitution1 which ,i would not willingly make for so desirable an object4 ,public revenues ,i would appropriate1 private taxation ,i would endure1 to relieve this otherwise thrice-glorious republic from the calamity and the wrong of slavery4 ,i would not only resist the devil1 but if he will flee from me1 ,i will build a bridge of gold to facilitate his escape4 ,i mention this to prove that it is not the value1 in money1 of territorial freedom1 for which ,i contend1 but its value in character1 in justice1 in human happiness4 ,while ,i utterly deny the claim set up by the south1 yet ,i would gladly consent that my southern fellow-citizens should go to the territories and carry there every kind of property which ,i can carry2 ,i would then give to the ,southern ,states their full share of all the income ever to be derived from the sales of the public lands1 or the leasing of the public mines2 and whatever1 after this deduction1 was left in the public treasury1 should be appropriated for the whole nation1 as has been the practice heretofore4 ,that is1 in consideration of excluding slavery from the territories1 ,i would give the south a double share1 or even a three-fold share1 of all the income that may ever be derived from them4 ,pecuniary surrenders ,i would gladly make for the sake of peace1 but not for peace itself would ,i surrender liberty4 ,it would be to suppose our merchants and manufacturers void of common foresight1 could they believe that concession now will bring security hereafter4 ,by yielding the moral question1 they jeopard their pecuniary interests4 ,should the south succeed in their present attempt upon the territories1 they will impatiently await the retirement of ,general ,taylor from the executive chair1 to add the 8,state of ,cuba10 with its #ejj1jjj slaves1 its ignorance and its demoralization1 to their roll of triumph4 ,california will be a free-trade state1 by the most certain of all biases4 ,they will have nothing to sell but gold2 they will have every thing to buy1--cradles and coffins1 and all between4 ,if ,new ,mexico is slave1 it will also be free trade2 and ,cuba as certainly as either1--though in that island facilities for smuggling will reduce the difference between tariff and free trade to nothing4 ,a surrender1 therefore1 by our northern business men1 will be most disastrous to the very business that tempts them to surrender4 ,will they take no warning from the fact that their apathy in regard to ,texas repealed the tariff of #ahdb8 ,this is a low motive1 ,i admit2 but it may be set as a back-fire to the motive by which some of them appear to be influenced4 ,there was no need1 not a shadow of need1 of perilling any principle1 nor any interest4 ,had the north stood firm1 had they been true to the great principles they have so often and so solemnly proclaimed1 the waves of southern violence would have struck harmless at their feet4 ,he is not learned in the weather who does not know that storms from the south1 though violent1 are short4 ,we are assailed now because we have yielded before4 ,the compromise of #ahbj begat the nullification of #ahcb2 the compromise of #ahcb inspired the mad exploit of compassing ,texas1 which our greater madness made sane4 ,the moral paralysis which failed to oppose the ,mexican war1 has given us the territories4 ,if the territories are now surrendered1 we shall have ,cuba1 and an indefinite career of conquest and of slavery will be opened on our south-western border4 ,every new concession transfers strength from our side to the side of our opponents2 and if we cannot arrest our own course when we are just entering the rapids1 how can we arrest it when we come near the verge of the cataract8 ,the south may rule the ,union1 but they cannot divide it4 ,their whole ,atlantic seaboard is open to attack1 and powerless for defence2 and the ,mississippi ,river may as easily be divided physically as politically into independent portions4 ,with these advantages1 let us never aggress upon their rights1 but let us maintain our own4 ,fellow-citizens1 ,i would gladly relieve the darkness of this picture by some gleams of light4 ,there are two hopes which1 as yet1 are not wholly extinguished in my mind4 ,beyond all question1 a compromise bill will be reported by the committee of thirteen1 in which free ,california will be made to carry as great a burden of slavery as she can bear4 ,it is still possible that the ,house will treat1 as it deserves1 this adulterous union4 ,a single vote may turn the scale1 and ,massachusetts may give that vote4 ,not improbably1 too1 the fate of the bill may depend upon the earnestness and decision with which northern constituencies make their sentiments known to their representatives1 whether by petitions1 by private letters1 or by public resolutions4 ,let every lover of freedom do his best and his most4 ,should the north fail1 ,i have still one hope more4 ,it is1 that ,new ,mexico will do for herself what we shall have basely failed to do for her4 ,if both these hopes fail1 our country is doomed to run its unobstructed career of conquest1 of despotism1 and of infamy4 ,i have now1 my fellow-citizens1 given you my 8,views and ,opinions0 on the present crisis in our public affairs4 ,had ,i regarded my own feelings1 ,i should have spoken less at length2 but the subject has commanded me4 ,i trust ,i have spoken respectfully towards those from whom ,i dissent1 while speaking my own sentiments justly and truly4 ,i have used no asperity2 for all my emotions have been of grief1 and not of anger4 ,my words have been cool as the telegraphic wires1 while my feelings have been like the lightning that runs through them4 ,the idea that ,massachusetts should contribute or consent to the extension of human slavery6--is it not enough1 not merely to arouse the living from their torpor1 but the dead from their graves6 ,were ,i to help this1 nay1 did ,i not oppose it with all the powers and faculties which ,god has given me1 ,i should see myriads of agonized faces glaring out upon me from the future1 more terrible than ,duncan's at ,macbeth2 and ,i would rather feel an assassin's poniard in my breast than forever hereafter to see 8the air-drawn dagger0 of a guilty memory4 ,in ,massachusetts1 the great drama of the revolution began4 ,some of its heroes yet survive amongst us4 ,at ,lexington1 at ,concord1 and on ,bunker ,hill1 the grass still grows greener where the soil was fattened with the blood of our fathers4 ,if1 in the providence of ,god1 we must be vanquished in this contest1 let it be by force of the overmastering and inscrutable powers above us1 and not by our own base desertion4 ,i am1 gentlemen1 your much honored1 obliged1 and obedient servant1 ,,horace ,,mann4 ,,letter ,,ii4 ,,to ,,the ,,editors ,,of ,,the ,,boston ,,atlas2 ,,gentlemen2 ,your semi-weekly of the #ast instant contains a letter of the ,hon4 ,daniel ,webster1 to certain citizens of ,newburyport1 in which he has been pleased to refer to me1 and particularly to a passage in the letter which ,i addressed to a portion of my constituents1 on the #c;d of ,may last1 the preceding ,letter4 ,his reference to me is of so extraordinary a character1 both as to manner and matter1 that ,i wish to reply4 ,to prevent all chance of mistake1 ,i quote the following passages3-- 8,but1 at the same time1 nothing is more false than that such jury trial is demanded in cases of this kind by the constitution1 either in its letter or in its spirit4 ,the constitution declares that in all criminal prosecutions there shall be a trial by jury4 ,the claiming of a fugitive slave is not a criminal prosecution4 8,the constitution also declares that in suits at common law the trial by jury shall be preserved2 the reclaiming of a fugitive slave is not a suit at the common law2 and there is no other clause or sentence in the constitution having the least bearing on the subject4 8,i have seen a publication by ,mr4 ,horace ,mann1 a member of ,congress from ,massachusetts1 in which ,i find this sentence4 ,speaking of the bill before the ,senate1 he says3 #8,this bill derides the trial by jury secured by the constitution4 ,a man may not lose his horse without a right to this trial1 but he may lose his freedom4 ,mr4 ,webster speaks for the south and for slavery1 not for the north and for freedom1 when he abandons this right4' ,this personal vituperation does not annoy me1 but ,i lament to see a public man of ,massachusetts so crude and confused in his legal apprehensions1 and so little acquainted with the constitution of his country1 as these opinions evince ,mr4 ,mann to be4 ,his citation of a supposed case1 as in point1 if it have any analogy to the matter1 would prove that1 if ,mr4 ,mann's horse stray into his neighbor's field1 he cannot lead him back without a previous trial by jury to ascertain the right4 ,truly1 if what ,mr4 ,mann says of the provisions of the constitution in this publication be a test of his accuracy in the understanding of that instrument1 he would do well not to seek to protect his peculiar notions under its sanction1 but to appeal at once1 as others do1 to that higher authority which sits enthroned above the constitution and above the law40 ,i must deny this charge of 8personal vituperation20 nothing was further from my thoughts2 and ,i regret that ,mr4 ,webster1 while disclaiming 8annoyance0 at what ,i said1 should betray it4 ,i believe every part of my 8,letter0 to be within the bounds of courteous and respectful discussion4 ,there is nothing in it which might not pass between gentlemen1 without interrupting relations of civility or friendship4 ,though full of regret at his novel position1 and of dissent from his unwonted doctrines1 yet it abounds in proofs of deference to himself4 ,i must now1 however1 be permitted to add that the highest eminence becomes unenviable when it breeds intolerance of dissent1 or bars out the humblest man from a free expression of opinion4 ,mr4 ,webster 8laments to see a public man of ,massachusetts so crude and confused in his legal apprehensions1 and so little acquainted with the constitution of his country1 as these opinions evince ,mr4 ,mann to be40 ,yet he points out no error of opinion4 ,he specifies nothing as unsound4 ,judgment and condemnation alone appear4 ,he seems to have taken it for granted that he had only to say ,i was guilty1 and then proceed to punish4 ,i protest against and impugn this method of proceeding1 by any man1 however high1 against any man1 however humble4 ,when ,mr4 ,webster penned his 8lamentations0 over my crudeness1 confusion1 and ignorance1 he doubtless meant to deal me a mortal blow4 ,the blow was certainly heavy3 but the question still remains1 whether it hit4 ,polyphemus struck hard blows1 but his blindness left the objects of his passions unharmed4 ,but wherein do those erroneous 8opinions0 consist1 which ,mr4 ,webster does not deign to specify1 but assumes to condemn8 ,fortunately1 in writing the sentence which he quotes for animadversion1 ,i followed the precise meaning of ,judge ,story1 as laid down in his ,commentaries2 and in regard to the only point which is open to a question1 ,i took the exact words of that great jurist4 ,he speaks of 8the right of a trial by jury1 in civil cases10 as an existing right before the seventh article of amendment to the constitution1 which preserves this right 8in suits at common law10 had been adopted4 7#c ,comm41 #fbh47 ,instead of transcribing ,judge ,story's words1 8in civil cases10 which present no distinct image to common minds1 ,i supposed the every-day case of litigation respecting a horse1 which is a 8civil case20 and this difference of form is the only difference between my language and that of the learned judge4 ,i can wish ,mr4 ,webster no more fitting retribution1 after reposing from this ill-tempered attack upon me1 than to awake and find that it was ,judge ,story whom he had been maligning4 ,does not the authority of ,judge ,blackstone also support my position8 ,he says1-- 8,recapture or reprisal is another species of remedy1 by the mere act of the party injured4444 ,but as the public peace is a superior consideration to any one man's private property2 and as1 if individuals were once allowed to use private force as a remedy for private injuries1 all social justice must cease1 the strong would give law to the weak1 and every man would revert to a state of nature2 for these reasons1 it is provided that this natural right of recaption shall never be exerted1 where such exertion must occasion strife and bodily contention1 or endanger the peace of society4 ,if1 for instance1 my horse is taken away1 and ,i find him in a common1 a fair1 or a public inn1 ,i may lawfully seize him to my own use2 but ,i cannot justify breaking open a private stable1 or entering on the grounds of a third person1 to take him1 should he be feloniously stolen2 but must have recourse to an action at law40--,comm4 #d1 #e4 ,but the opinion expressed by me on this point does not need the authority of any name to support it2 and the illustration which ,i gave is not only intelligible to every sensible man1 but is also apposite4 ,i said 8a man may not lose his horse1 i4 e4 his property in a horse1 without a right to this trial40 ,mr4 ,webster's comment is1 that this case1 8if it have any analogy to the matter10 means1 that if a man's horse 8stray into his neighbor's field1 he cannot lead him back without a previous trial by jury to ascertain the right40 ,was ever the plain meaning of a sentence more exactly changed about1 end for end8 ,mr4 ,webster may pitch somersets with his own doctrines1 but he has no right to pitch them with mine4 ,i said a man may not lose his horse1 or his property in a horse1 without a right to the trial by jury4 ,he says ,i said1 a man cannot find or retake a lost horse1 without a previous trial6 ,dulce est desipere in loco4 ,or1 it is pleasant to see a grave senator play upon words2--though there should be some wit to redeem it from puerility4 ,but the childishness of this criticism is not its worst feature4 ,what is the great truth which ,mr4 ,webster and his apologists attempt here to ridicule8 ,it is this3 ,while every man amongst us1 in regard to any piece of property worth more than twenty dollars1 of which violence or fraud may attempt to despoil him1 has a right to a trial by jury2 yet a man's freedom1 and that of his posterity forever1 may be wrested from him1 as our law now stands1 without such a trial4 ,does not this hold a man's freedom to be of less value than twenty dollars8 ,if two adverse claimants contest title to an alleged slave1 whose market value is more than this sum1 each is entitled to a jury to try the fact of ownership4 ,but if the alleged slave declares1 here1 in ,massachusetts1 that he owns himself1 he is debarred from this right4 ,and this truth1 or a common illustration of it1 ,mr4 ,webster and his apologists think a suitable topic for sneers or pleasantry6 ,a ,french proverb says1 that for a man to kill his mother is not in good taste4 ,i trust the moral and religious people of ,massachusetts have too much good taste to relish jokes on such a theme4 ,again2 ,i said that ,mr4 ,butler's bill 8derides0 the trial by jury4 ,by that bill every commissioner and clerk of a ,united ,states court1 every marshal and collector of the customs1 and the seventeen thousand postmasters of the ,united ,states1 are severally invested with jurisdiction and authority in all parts of the ,united ,states1 to deliver any man1 woman1 or child in the ,united ,states1 into custody1 as a slave1 on the strength of an ex parte affidavit1 made any where in the ,united ,states4 ,this affidavit may have been made a thousand miles off1 by no one knows whom1 and certified to by a person who never saw or heard of the individual named in it4 ,a forged affidavit1 or a fictitious affidavit1 would often answer the purpose as well2 for how difficult1 and in many cases1 how impossible1 to prove its spuriousness4 ,did oppression ever before conceive such a tribunal1 so countless in numbers1 so ample in jurisdiction1 so terrible in power8 ,had a bill similar to this been proposed in the ,british ,parliament1 from #agfc to #aggf1 what would our fathers have said of it8 ,yet this bill1 with some kindred amendments1 heightening its features of atrocity1 ,mr4 ,webster promised 8to support1 with all its provisions1 to the fullest extent40 ,what aggravates the wrong1 is1 that the cruelties of the measure will fall upon the poor1 the helpless1 the ignorant1 the unfriended4 ,the bill would have been far less disgraceful1 had its provisions borne upon the men who should pass it2 because1 in such case1 there would have been a touch of equality4 ,now1 if this bill does not 8deride0 all guaranties for the protection of human liberty1 it is only because my word of reprobation is too weak4 ,it is only because one needs 8to tear a leaf from the curse-book of ,pandemonium0 in order to describe it by fitting epithets4 ,another remarkable feature of ,mr4 ,butler's bill is1 that it provides no penalty whatever for any one who shall abuse1 or fraudulently use1 the dangerous authority which it gives4 ,it furnishes endless temptations and facilities for committing wrong2 it imposes no restraints2 it warns by no threats of retribution4 ,mr4 ,webster calls me to account for some unspecified erroneous 8opinion10 expressed in relation to this bill4 ,can any opinion be so false to the constitution1 as this bill to humanity8 ,i deprecate error of all sorts2 but hold it to be more venial to err in judgment than in heart4 ,i said that in promising to support ,mr4 ,butler's bill1 8with all its provisions1 to the fullest extent10 ,mr4 ,webster 8abandoned0 the right to a trial by jury4 ,i spoke of him as a senator1 as one who1 with his co-legislators1 was bound1 in fulfilment of his constitutional duty1 to secure this form of trial to the alleged slave1 or to a known freeman seized as a slave4 ,mr4 ,seward's bill1 providing for the trial by jury1 in such cases1 was before him4 ,he took no notice of it4 ,he passed by 8on the other side10 while he bestowed his best encomium on ,mr4 ,butler's bill1 by promising to support it4 ,was not this an 8abandonment10 under any of the synonyms given in the dictionary8 ,mr4 ,webster advises me1 in a certain contingency1 8to appeal to that higher authority which sits enthroned above the constitution and above the law40 ,i take no exception to this counsel1 because of its officiousness1 but would thank him for it4 ,my ideas of duty require me to seek anxiously for the true interpretation of the constitution1 and then to abide by it1 unswayed by hopes or fears4 ,if the constitution requires me to do any thing which my sense of duty forbids1 ,i shall save my conscience by resigning my office4 ,i am free1 however1 to say1 that if1 in the discharge of my political duties1 ,i should transfer my allegiance to any other power1 ,i should adopt ,mr4 ,webster's ironical advice1 and go to the power 8which sits enthroned above10 rather than descend to that opposite realm1 whence the bill he so cordially promised to support must have emerged4 ,i wish1 however1 to remark1 that though ,i acknowledge the constitution to be my guide while under oath to support it1 yet ,i do not relish this fling either at the powers above us1 or at those who reverence them4 ,i hold it to be not only proper1 but proof of sound moral and religious feeling1 to look to the perfect law of ,god for light to enable us more justly to interpret the imperfect laws of man4 ,especially1 when we are proposing to make or amend a law1 ought we to take our gauge of purpose and of action from the highest standard4 ,noy1 that ,solomon of the law1 thought it not improper to say1 8,the inferior law must give place to the superior2 man's laws to ,god's laws40--,maxims1 pp4 #f1 #g4 8,the law of ,nature10 says ,blackstone1 8being coeval with mankind1 and dictated by ,god himself1 is1 of course1 superior in obligation to any other4 ,it is binding all over the globe2 in all countries1 at all times4 ,no human laws have any validity1 if contrary to this2 and such of them as are valid1 derive all their force and all their authority1 mediately or immediately1 from this original40--#a ,com4 #da4 ,fortescue1 the ,chancellor of ,henry ,,vi41 in his ,de ,laudibus ,legum ,angli1 cap4 #db1 has the following passage1 the consideration of which1 in requital for ,mr4 ,webster's advice to me1 ,i respectfully commend to him3-- 8,that must necessarily be adjudged a cruel law1 which augments slavery1 and diminishes liberty4 ,for human nature implores1 without ceasing1 for liberty4 ,slavery is introduced by man1 and through his vice4 ,but liberty is the gift of ,god to man4 ,wherefore1 when torn from a man1 it ever yearns to return2 and it is the same with every thing when deprived of its natural liberty4 ,on this account1 that man is to be adjudged cruel1 who does not favor liberty4 ,by these considerations the laws of ,england1 in every case1 give favor to liberty40 ,having defended my own propositions1 ,i shall now take the liberty to examine some of ,mr4 ,webster's2 and1 in so doing1 ,i shall examine the constitutional provisions for trial by jury1 and fortify my opinion by historical references4 ,i shall consider1 ,i4 ,where ,congress has power to provide for such trial4 ,,ii4 ,where it is the duty of ,congress to do so4 ,mr4 ,webster says 8the constitution declares1 that in all criminal prosecutions1 there shall be a trial by jury20 and that 8in suits at common law the trial by jury shall be preserved40 ,he then adds1 8,there is no other clause or sentence in the constitution having the least bearing upon the subject40 ,mark his words3 8,there is no other clause or sentence in the constitution1 having the least bearing on the subject40 ,this ,i deny4 ,here ,mr4 ,webster virtually declares that1 but for the above-named two provisions1 the right of the trial by jury would not have been secured to us by the constitution in any case4 ,of course1 in the absence of these provisions1 ,congress would have been under no obligation1 nor would it1 indeed1 have had any power1 to provide by law for such trials4 ,were ,i to say that this assertion borders on the incredible1 one might well ask1 ,which side of the line does it lie8 ,the provision for a trial by jury1 in criminal prosecutions1 is in the third clause of the second section of the third article1 and is repeated1 and somewhat enlarged1 in the fifth and sixth articles of amendment4 ,but the provision for trial by jury1 in suits at common law1 is in the seventh article of amendment2 and neither this provision1 nor any semblance of it1 is to be found1 in express words1 in any part of the constitution as it came from the hands of its framers1 and was adopted by the states4 ,according to ,mr4 ,webster1 then1 ,congress was under no obligation1 and had no power1 to make a law providing for trial by jury1 except in criminal prosecutions1 until after the seventh article of amendment had been ratified2 for if they had any such power1 or were under any such obligation1 it must be by virtue of some clause or sentence in the constitution1 having a 8bearing upon the subject40 ,now1 the first session of ,congress commenced ,march #dth1 #aghi1 but this seventh article of amendment was not ratified1 and did not become a part of the constitution1 according to ,hickey1 7,hickey's ,const4 p4 #cf17 until ,december #ae1 #agia4 ,until this time1 therefore1 according to ,mr4 ,webster1 the constitution had secured no right to a trial by jury1 except in the case of criminal prosecutions2 because1 until this time1 there was no clause or sentence in it 8having the least bearing on the subject0 of jury trials in any but criminal cases4 ,yet1 on the #bdth of ,september1 #aghi1 and more than two years previous to the adoption of the seventh amendment1 7by which alone1 according to ,mr4 ,webster1 they had any power to act in the premises17 ,congress did pass the judiciary act2 by the ninth1 twelfth1 and thirteenth sections of which it is provided1 that the trial of issues in fact1 in the district courts1 in the circuit courts1 and in the supreme court1 shall1 with certain exceptions1 be by jury4 ,the act also empowers the courts to grant new trials 8for reasons for which new trials have usually been granted in the courts of law40 ,in what courts of law8 ,did it not mean the courts in ,westminster ,hall1 and those in this country formed after that ancestral model8 ,and does not this show beyond question or cavil1 that the principle of the jury trial1 in civil cases1 was incorporated into the constitution of the ,united ,states1 originally2 and that it was universally understood to be so by its framers1 and by their contemporaries1 the members of the first ,congress8 ,from the constitution alone1 then1 and not from any power above it1 or outside of it1 did ,congress derive its power1 on the #bdth of ,september1 #aghi1 and more than two years before the seventh amendment was adopted1 to pass the judiciary act1 and to fill it full of the fact and the doctrine of jury trials in civil cases4 ,and if ,congress1 at that time1 had legislated on the subject of fugitive slaves1 would it not have had the same power to provide the trial by jury1 to determine the question1 slave or free1 as it had to provide for this mode of trial in other cases8 ,all the state conventions for adopting the constitution1 whose debates are preserved1 and all the leading men who figured in them1 held1--contrary to ,mr4 ,webster1--that the third article in the constitution1 providing for courts1 carried jury trials in civil cases with it4 ,mr4 ,marshall1 afterwards ,chief ,justice ,marshall1 said in the ,virginia convention1 8,does the word court1 in the constitution1 only mean the judges8 ,does not the determination of a jury necessarily lead to the judgment of the court8 ,is there any thing which gives the judges exclusive jurisdiction of matters of fact8 ,what is the object of a jury trial8 ,to inform the court of the facts4 ,when a court has cognizance of facts1 does it not follow that they can make inquiry by a jury8 ,it is impossible to be otherwise40--#c ,elliott's ,debates1 #ejf4 ,the third article in the ,virginia bill of rights was as follows3-- 8,in controversies respecting property1 and in suits between man and man1 the ancient trial by jury is preferable to any other1 and ought to be held sacred40 ,this article being read in the convention1 ,judge ,marshall said the trial by jury was as well secured by the ,united ,states constitution1 as by the ,virginia bill of rights4--,ib4 #ebd4 ,he said this in reference to civil cases4 ,in the ,massachusetts convention1 it was said1 without a doubt's being expressed from any quarter1 that 8the word court does not1 either by popular or technical construction1 exclude the use of a jury to try facts4 ,when people in common language talk of a trial at the court of common pleas1 or the supreme judicial court1 do they not include all the branches and members of such courts1 the jurors as well as the judges8 ,they certainly do1 whether they mention the jurors expressly or not4 ,our state legislators have construed the word court in the same way40--#b ,elliott's ,debates1 #abg4 ,such was the doctrine maintained by the leading minds of the state conventions2 by ,christopher ,gore1 in ,massachusetts2 by ,judge ,wilson1 and ,chief ,justice ,mc,kean1 in ,pennsylvania2 by ,chief ,justice ,marshall1 ,judge ,pendleton1 and ,mr4 ,madison1 in ,virginia2 by ,judge ,iredell1 in ,north ,carolina1 and many other distinguished names4 ,in the ,virginia convention1 objection was made to the constitution because it did not expressly secure to the accused the privilege of challenging or excepting to jurors in criminal cases4 ,but ,mr4 ,pendleton1 the ,president of the convention1 and for so many years afterwards the highest judicial officer in the state1 replied3 8,when the constitution says that the trial shall be by jury1 does it not say that every incident will go along with it80--#c ,elliott's ,debates1 #dig4 ,so when the constitution provided for 8courts10 and defined their jurisdiction1 it clearly contemplated the trial by jury1 in regard to all such rights of the citizen as had been usually1 theretofore1 tried by a jury4 ,congress1 indeed1 might fail to perform its duty2 but in such case1 no provisions of the constitution1 however express and peremptory1 would secure the rights of the people4 ,it is perfectly well known to every student of the constitution1 that the only reason why that instrument did not make express provision for the trial by jury1 in civil cases1 was the difficulty of running the dividing line between the many cases that should be so tried1 and the few that should not4 ,all were agreed that ninety-nine per cent4 of all civil cases should be tried by jury2 but they could not agree upon the classes of cases from which the remaining one per cent4 should be taken4 ,in this connection1 it is worth while to notice the heading or preamble of the joint resolutions for submitting certain proposed amendments of the constitution to the states1 among which was the seventh4 ,it is as follows3-- 8,the conventions of a number of the states having at the time of their adopting the constitution expressed a desire1 in order to prevent misconstruction or abuse of its powers1 that further declaratory or restrictive clauses should be added2 and as the extending the ground of public confidence in the government will best insure the beneficent ends of its institution1 ,,resolved10 c4 ,from this it appears that the first ,congress only proposed to submit certain 8further declaratory and restrictive clauses10 which were 8to prevent misconstruction or abuse of its powers40 ,this heading or title1 of course1 does not enlarge or limit the meaning of the amendments2 but it shows the view which their authors had of their scope and intendment4 ,and what is the seventh amendment but a 8declaratory and restrictive clause10 securing the trial by jury1 in cases at common law1 8where the value in controversy shall exceed twenty dollars10 and abandoning it where the value is less8 ,the phraseology of the amendment is full of significance3 8,the right of trial by jury shall be preserved40 ,not created1 but preserved4 ,not instituted de novo1 but continued4 ,will ,mr4 ,webster tell me1 how a right can be preserved1 which does not already exist8 ,in speaking of the trial by jury1 in criminal cases1 ,judge ,story uses the same word4 ,he says it was 8preserved40 ,in neither class of cases1 civil or criminal1 was it ever abandoned or lost1 through the fault of the constitution4 ,if not always enjoyed by the citizen1 it has been through the dereliction of ,congress in not passing the requisite laws4 ,the great men who submitted this seventh amendment to the states1 treated the trial by jury1 in civil cases1 as a then subsisting constitutional right4 ,they passed a law to put the practical enjoyment of this right into the hands of the people1 well knowing that there is scarcely a right which we hold under the constitution which we can beneficially possess or use1 without the intervention of some law1 as its channel or medium4 ,suppose this seventh amendment had never been adopted1 on what ground would the trial by jury1 in civil cases1 have rested up to the present day8 ,could it have been taken from us all1 in all cases except criminal ones1 by any corrupt ,congress8 ,in asserting1 therefore1 that1 besides the references he has made1 there is not another 8clause or sentence in the constitution1 having the least bearing on the subject0 of jury trials1 ,mr4 ,webster is contradicted by the members of the general convention1 by the state conventions1 by the senators and representatives1 who passed the judiciary act1 by ,president ,washington who signed it1 and by all the judges who administered that act until the seventh amendment was adopted4 ,,ii4 ,where it is the duty of ,congress to provide for trial by jury4 ,but another of ,mr4 ,webster's assertions is still more extraordinary4 ,he says 8nothing is more false than that such jury trial1 a trial by jury for an alleged slave1 or for a freeman claimed as a slave1 is demanded by the constitution1 either in its letter or in its spirit40 ,i make a preliminary remark upon the grossness of the error embodied in the form of this proposition4 8,nothing is more false20 that is1 if ,i1 or any one1 had affirmed that our constitution forbids trial by jury1 in all cases1 under penalty of death2 or that it creates an hereditary despotism2 or that it establishes the ,catholic religion1 with the accompaniment of an inquisition for each state2 or that it does all these things together2 it would not be more 8false0 to the 8spirit0 of the constitution1 than to say that it demands the trial by jury1 when a man who is seized as a slave1 but who asserts that he is free1 invokes its protection4 ,but this pertains to the form only of his assertion1 and is immaterial to the argument4 ,i proceed to inquire whether its substance be not as indefensible as its form4 ,in another part of ,mr4 ,webster's letter1 he says1 that he sees 8no objection to the provisions of the law0 of #agic4 ,of course2 for he sees no objection to ,mr4 ,butler's bill1 and its amendments2 but prefers them to ,mr4 ,seward's4 ,and he now says1 there is nothing in the letter or in the 8spirit0 of the constitution1 which demands the jury trial for an alleged slave1 or for a freeman captured and about to be carried away as a slave4 ,feeble and humble as ,i am1 great and formidable as he is1 ,i join issue with him on this momentous question1 and put myself upon the country4 ,our constitution1 as the present generation has always been taught1 yearns towards liberty and the rights of man4 ,the trial by jury1 in the important cases of life1 liberty1 and property1 is essential to these rights4 ,the two1 therefore1 have such close affinity for each other1 as to render it highly probable1 if not morally certain1 that the framers of the former would make provision for the latter2 that they would lay hold of it1 as by a law of instinct1 to carry out their beneficent purposes4 ,the trial by jury was necessary to the vitality of the constitution2 and1 ,i think1 it would not be too strong an expression to say that the constitution1 as it came from the hands of its founders1 necessitated the trial by jury4 ,the object for which the constitution was framed1 as set forth in its preamble1--namely1 to 8establish justice10 8promote the general welfare10 and 8secure the blessings of liberty10 to the people1--could never be accomplished without the trial by jury4 ,the preamble is not appealed to as a source of power2 but it touches1 as by the finger1 the objects which it contemplated2 it suggests the means by which its beneficent purposes were to be fulfilled1 and it indicates the rules of interpretation by which all its provisions are to be expounded4 ,and not only the objects for which the constitution professes to exist1 but historical facts from the time of ,magna ,charta1 and before that time2 the practice of the ,english and of our ,colonial and ,provincial courts before the revolution and during the confederacy2--in fine1 all analogies and tendencies of constitutional law1 and whatever belongs to ideas of freedom1 conspire to force the expectation upon us1 that1 in a matter of such vast concernment as the life-long liberty or bondage of a man and his offspring1 it has not left us without the right of trial by jury4 ,the very first law 8for the general good of the colony of ,new ,plymouth10 7#afbc17 was1 8that all criminal acts1 and also all matters of trespasses and ,,debts1 between man and man1 should be tried by the verdict of twelve honest men40 ,in that fearful array of crimes which the ,declaration of ,independence charges home upon the king of ,great ,britain1 that sublime instrument enumerates the following as among the most flagitious3 8,for depriving us1 in many cases1 of the benefits of trial by jury10 and 8for protecting his troops1 by a mock trial1 from punishment for any murders which they should commit on the inhabitants of these states40 ,according to ,blackstone1 the right to a trial by jury had been held1 8time out of mind10 to be the birthright of ,englishmen4 ,the #bith chapter of the ,great ,charter guarantied this right1 not only in cases of liberty1 life1 and limb1 but in cases of property1 real and personal4 ,in ,england1 it has become a traditional saying1 and drops from the common tongue1 that the great object of king1 lords1 and commons1 is to get twelve men into the jury box4 ,judge ,story says1 8,when our more immediate ancestors removed to ,america1 they brought this great privilege with them1 as their birthright and inheritance1 as a part of that admirable common law which had fenced round1 and interposed barriers on every side1 against the approaches of arbitrary power4 ,it is now incorporated into all our state constitutions1 as a fundamental right2 and the constitution of the ,united ,states would have been justly obnoxious to the most conclusive objection1 if it had not recognized and confirmed it in the most solemn terms40--#c ,com4 #feb1 #c4 ,is it conceivable1 then1 that the heroes and sages of the revolution1 who rose in resistance to the most formidable power on earth2 so many of whom rose against their own kindred in the mother country1 because they loved liberty better than father or mother1 or brother or sister1 and who endured the privations and horrors of a seven years' war2--is it conceivable1 ,i say1 that1 when they had achieved their independence1 and there was no longer any earthly power to control them1 they should have framed a fundamental law1 and should not have imbued that law with the 8spirit0 of the trial by jury1 as its breath of life8 ,as ,british subjects1 they were entitled to this trial4 ,as ,americans1 did they renounce it8 ,did they wage war for seven years in order to place themselves in a worse condition than they had been placed in by their 8tyrant08 ,mr4 ,webster says they did4 ,he charges this infinite folly and blindness upon them1 singly and collectively1 one and all4 ,i will now fortify this historical view1 by a reference to some decisions of the supreme court which explain and define the meaning of the seventh amendment4#aj ,what is the true meaning of those descriptive words1 8suits at common law08 ,has not ,mr4 ,webster1 relying on his high reputation1 disposed of this matter a little too summarily8 ,he says1 8,the constitution declares that in suits at common law1 the trial by jury shall be preserved20 but he adds1 8,the reclaiming of a fugitive slave is not a suit at common law40 ,but the supreme court of the ,united ,states has furnished us with an authoritative interpretation of the words of the constitution bearing on this subject4 ,in the case of ,cohens ,,vs4 ,virginia1 #f ,wheaton1 ,r4 #djg1 they define what is meant by a 8suit40 ,these are their words3-- 8,what is a suit8 ,we understand it to be the prosecution1 or pursuit1 of some claim1 demand1 or request4 ,in law language1 it is the prosecution of some demand in a court of justice4 #8,the remedy for every species of wrong is1' says ,judge ,blackstone1 #8the being put in possession of that right whereof the party injured is deprived1' ,the instruments whereby this remedy is obtained are a diversity of suits and actions1 which are defined by the ,mirror to be #8the lawful demand of one's right2' or1 as ,bracton and ,fleta express it in the words of ,justinian1 #8jus prosequendi in judicio quod alicui debetur1'--7the form of prosecuting in trial1 or judgment1 which is due to any one47 ,blackstone then proceeds to describe every species of remedy by suit2 and they are all cases where the party suing claims to obtain something to which he has a right4 8,to commence a suit is to demand something by the institution of process in a court of justice2 and to prosecute the suit is1 according to the common acceptation of language1 to continue that demand40 ,according to the supreme court1 then1 a suit is the prosecution of some claim1 demand1 or request4 ,now1 the proceedings for a fugitive slave1 according to the very letter of the constitution1 are instituted to prosecute a claim4 ,the person held to service or labor is to be delivered up1 8on claim of the party to whom such service or labor may be due40 ,still further1 in a decision bearing directly on the right to a trial by jury1 the supreme court have defined the term 8common law0 in special reference to its meaning in the amendment to the constitution1 which secures this right 8in suits at common law40 ,these are their words3-- 8,it is well known that in civil causes1 in courts of equity and admiralty1 juries do not intervene2 and that courts of equity use the trial by jury only in extraordinary cases1 to inform the conscience of the court4 ,when1 therefore1 we find that the #gth amendment requires that the right of trial by jury shall be preserved1 in suits at common law1 the natural conclusion is1 that this distinction was present to the minds of the framers of the amendment4 ,by common law they meant what the constitution denominated in the third article #8law2' not merely suits which the common law recognized among its old and settled proceedings2 but suits in which legal rights were to be ascertained and determined1 in contradistinction to those in which equitable rights alone were recognized1 and equitable remedies were administered1 or in which1 as in the admiralty1 a mixture of public law1 and of maritime law and equity1 was often found in the same suit4 ,probably there were few1 if any1 states in the ,union1 in which some new legal remedies1 differing from the old common law forms1 were not in use2 but in which1 however1 the trial by jury intervened1 and the general regulations in other respects were according to the course of the common law4 ,proceedings in cases of partition1 and of foreign and domestic attachment1 might be cited as examples variously adopted and modified4 ,in a just sense1 the amendment1 then1 may well be construed to embrace all suits1 which are not of equity or admiralty jurisdiction1 ,,whatever ,,may ,,be ,,the ,,peculiar ,,form ,,which ,,they ,,may ,,assume ,,to ,,settle ,,legal ,,rights40--,parsons ,,vs4 ,bedford1 #c ,peters's ,rep4 #def1 #g4 ,the last sentence ,i have underscored4 ,in this sentence1 the supreme court plainly say1 that1 if the subject matter of the litigation1 or the object of the proceeding1 be to determine a 8legal right0 which was formerly determined by a 8suit at common law10 then such proceeding is embraced in the seventh amendment1 and either party in interest has a right to the trial by jury4 ,now1 is it not clear that any proceeding which determines whether a man owns himself1 or is owned by another man1 and which delivers one man into the custody of another1 as his slave1 or refuses so to deliver him1 is1 8whatever peculiar form it may assume10 a proceeding 8to settle a legal right10--the highest legal right8 ,it is not a right in equity1 in admiralty1 or under the maritime law2 but strictly and exclusively a legal right1 and nothing else4 ,according to the doctrine of the supreme court1 then1 in the above-cited case1 the parties to such a proceeding have a right1 under the seventh amendment1 to a trial by jury4 ,at least1 is not such the 8spirit0 of the amendment8 ,but there is another well-known fact1 which gives pertinence and stringency to the above view4 ,at common law1 the writ de homine replegiando1--the writ of personal replevin1 or for replevying a man1--was an original writ2 a writ which the party could sue out of right2 one to be granted on motion1 without showing cause1 and which the court of chancery could not supersede4 ,it was1 according to the very language of our supreme court1 recognized by the common law 8among its old and settled proceedings40 ,the form of it is found in that great arsenal of common law writs1 the ,registrum ,brevium4 ,a man1 says ,comyn1 may have a homine replegiando for a negro2 or for an ,indian brought by him into ,england and detained from him2 or it may be brought by an infant against his testamentary guardian2 or by a villein against his lord4 7,dig41 ,title ,imprisonment1 ,l4 #d47 ,if it could be brought by a villein against his lord1 then it was the very writ for an alleged slave against an alleging owner4 ,it was the mode provided by the common law for the determination of the legal right asserted in a human being4 ,i have always understood that1 before the revolution1 and before the framing of our constitution1 ,comyn's ,digest was a work of the highest authority4 ,it must have been well known to all the lawyers in the convention4 ,did they expect1 then1 that when an alleged slave1 or a known freeman1 should be seized1 that he should be hurried into bondage without any right to this ancient muniment of the subject's liberties8 ,but 8the reclaiming of a fugitive slave10 says ,mr4 ,webster1 8is not a suit at the common law40 ,the proceedings provided for by the statute of #agic1 to which he 8sees no objection10 have no analogy to the writ de homine replegiando4 ,but can you destroy the right to a jury trial by changing the process8 ,a sand-hiller from ,georgia or ,north ,carolina cannot come to ,massachusetts and eject ,mr4 ,webster from his ,marshfield farm without being compelled to submit the question of title to a jury4 ,but suppose ,congress should say1 in effect1 that any one of the seventeen thousand postmasters in the ,united ,states might be brought into ,massachusetts1 7and1 among so numerous a body1 it is no libel to say there are some reckless men17 and that the said sand-hiller might go before the said imported postmaster1 and after proof 8to his satisfaction10 8either by oral testimony or by affidavit10--an affidavit1 be it remembered1 taken any where in the ,united ,states1--then the claimant shall be put into immediate possession of the said farm1 with a right to recover costs2 and suppose ,mr4 ,webster should spurn the authority of this illegitimate court1 and demand an observance of the ancient forms of law1 and a trial by jury under the seventh amendment2 then the claimant has only to borrow ,mr4 ,webster's own words1 and say1 8,this is not a suit at the common law30--suppose all this1 ,i say1 and ,i would then ask if such a proceeding would be satisfactory to the last-named gentleman8 ,the common sense of mankind is authority good enough to answer such a question2 but we have high legal authority in addition4 ,in ,baker ,,vs4 ,riddle1 ,mr4 ,justice ,baldwin1 one of the judges of the supreme court of the ,united ,states1 held that it was not in the power of ,congress to take away the right of trial by jury1 secured by the seventh amendment1 either1--8#a4 ,by an organization of the courts in such a manner as not to secure it to suitors20 or1--8#b4 ,by authorizing the courts to exercise1 or their assumption of1 equity or admiralty jurisdiction over cases at law40 8,this amendment10 says he1 8preserves the right of jury trial against any infringement by any department of the government40--,baldwin's ,rep4 #djd4 ,now1 what was ,mr4 ,butler's bill but 8a new organization of the courts10 or1 rather1 a new creation of some twenty thousand courts1 8in such a manner as not to secure the right of trial by jury to suitors80 ,it was1 indeed1 a violation of both of the principles laid down by ,judge ,baldwin4 ,it was the creation of tribunals unknown to the common law1 and authorizing those tribunals to decide upon rights not belonging to either 8equity or admiralty jurisdiction40 ,in this connection1 ,i will refer to the case of ,lee ,,vs4 ,lee1 #h ,peters's ,rep4 #dd4 ,by act of ,congress of ,april #b1 #ahaf1 it was declared that no cause should be removed from the circuit court of the ,district of ,columbia to the supreme court by appeal or writ of error1 8unless the matter in dispute shall be of the value of one thousand dollars or upwards40 ,the plaintiffs in error were claimed as slaves4 ,their petition for freedom in the court below had been decided against them2 and from this decision they appealed4 ,the defendant in error took the objection that they1--their bodies and souls1--were not worth one thousand dollars1 and therefore that they had no right to appeal4 ,but the court said1-- 8,the matter in dispute1 in this case1 is the freedom of the petitioners4 ,the judgment of the court below is against their claims to freedom2 the matter in dispute is1 therefore1 to the plaintiffs in error1 the value of their freedom1 and this is not susceptible of a pecuniary valuation4 ,had the judgment been in favor of the petitioners1 and the writ of error brought by the party claiming to be the owner1 the value of the slaves as property would have been the matter in dispute1 and affidavits might be admitted to ascertain such value4 ,but affidavits estimating the value of freedom are entirely inadmissible2 and no doubt is entertained of the jurisdiction of the court40 ,now1 if the supreme court of the ,united ,states1 in construing a law1 felt constrained by their oaths to hold the freedom of a man1--of any man1 though he might be a drivelling idiot1 or stretched upon his death bed1 with only another hour to breathe1--to be worth more than a thousand dollars1 how can a senator of the ,united ,states say1 that in passing a law1 under which human liberty may be retained or lost1 he is not bound at least by the 8spirit0 of the constitution1 if not by its letter1 to hold that human liberty to be of greater value than twenty dollars1 and therefore to provide the trial by jury for its protection8 ,what can prove more strikingly that ,mr4 ,webster violates the whole 8spirit0 of the constitution1 when the framers and ratifiers of this amendment covenanted for and decreed the trial by jury1 for such a paltry sum of money2 and when the judges of the supreme court held human liberty to be worth more than any nameable sum of money1 while he regards it as a thing to be disposed of by any corrupt postmaster1 which any corrupt administration may corruptly appoint4 ,yet he says1 8,nothing can be more false than that a jury trial is demanded in cases of this kind by the constitution1 either in its letter1 or in its spirit40 ,i wish ,i could find1 or felt at liberty to coin some milder word2 but for want of a better1 ,i must say that ,mr4 ,webster seems to me1 throughout this whole matter1 to dogmatize4 ,he makes strong assertions without offering even weak reasons4 ,of this character was his annunciation of the discovery of a new law1--8the law of physical geography10--which was to suspend moral agency1 and take from man his power to commit crime against his brother2 as though in ascending hill-sides1 freedom and slavery lie in different atmospherical strata1 and are bounded by each other impassably2 as though there were any mountain so 8exceeding high10 to whose top even ,jesus ,christ could go1 that ,satan could not go there to tempt him4 ,this does not strike the common mind like a true discovery2--like the law of gravitation1 for instance1 discovered by ,newton1 or the existence of the planet ,neptune1 by ,leverrier4 ,it is rather like that earliest pretended discovery on record1 which was designed to seduce1 and did seduce1 the first parents of us all4 ,ye may eat of the forbidden tree1 for ye shall ,,not surely die4 ,so ,mr4 ,webster says1 ,let slaves be driven in coffles1 or carried in ships' holds to the new territories2 they cannot live there4 ,will not the results of the two experiments bear a lively analogy to each other1 and be likely to reflect similar credit upon their authors8 ,so1 too1 when he tore some of the brightest pages from the ,new ,testament1 by proclaiming that 8there is to be found no injunction against that relation of slavery between man and man1 in the teachings of the gospel of ,jesus ,christ1 or of any of his apostles06 ,upon how many ,christian hearts did this sentiment fall like an anathema against all truth4 ,he does not say any express injunction1 but 8no injunction20--none of any kind4 ,no positive injunction against slavery in the ,new ,testament6--a book designed to regulate our life and condition for two worlds2 yet1 altogether1 not so large as many a congressional report2 less voluminous than the ordinances of many of our city governments2--a book1 therefore1 which1 from the necessity of the case1 must deal with great and immortal principles1 and could not descend into specification and detail2--and because such a book as this contains no express injunction against slavery1 therefore slavery is not forbidden by it1 but has the implied approval of its silence6 ,surely1 never was there a more sinister1 unsound1 unchristian argument uttered by infidel or pagan4 ,is there any express injunction 8in the teachings of the gospel of ,jesus ,christ1 or of any of his apostles10 commanding us to declare the ,african slave trade piracy8 ,is there any express injunction 8in the teachings of the gospel of ,jesus ,christ1 or of any of his apostles10 against cannibalism8 ,do they any where say1 8,ye shall not eat one another80 ,yet what enormity and flagitiousness would it be to infer1 that1 therefore1 men and women may turn ogres and ogresses1 and eat human flesh as they do mutton and sirloin4 ,the inference in the latter case is every whit as warrantable and as sound1 as in the former4 ,yet ,i consider that this theological argument does not violate the 8spirit0 of the gospel1 any more than his constitutional argument violates the 8spirit0 of the constitution4 ,john ,wesley1 who had lived amid slavery1 denominates it the 8sum of all villanies10 and if ,christ came into this world and left it1 without permeating and saturating all his teachings with injunctions against the injustice1 cruelty1 pride1 avarice1 lust1 love of domination1 and love of adulation1 which are the inseparable accompaniments of slavery1 then ,i think the ,christian world will cry out1 that so far as this life is concerned1 his mission was substantially fruitless4 8,o1 star-eyed ,science6 hast thou wandered there1 ,to bring us back these tidings of despair80 ,so1 if the constitution of the ,united ,states contains not even any implied security for the liberty of all the colored population in the free states and territories1 and for the trial by jury as the only adequate means of securing that liberty1 then would it not be more creditable to its framers never to have put their signatures to it8 ,let me here compare the relative value of life or property on the one side1 with liberty on the other1 and see what inference must be drawn in favor of affording as great a protection to the latter as to the former4 ,the fifth article of amendment declares that 8no person shall be deprived of life1 liberty1 or property1 without due process of law40 ,the commentators say that these words1 8due process of law10 are the equivalent of the phrase 8the law of the land10 in the #bith chapter of ,magna ,charta2 and hence that 8this clause in effect affirms the right of trial according to the process and proceedings of the common law20 that is1 by jury4 7,see ,story's ,comm4 #ffa2 #b ,inst4 #ej1 #ea2 #b ,kent's ,comm4 #aj2 #a ,tucker's ,black4 ,app4 #cjd47 ,now1 consider that the general right of trial by jury1 in cases of life1 was expressly secured by the constitution as originally adopted2 that1 somewhat more than three years afterwards1 the same right was expressly secured for property1 in suits at common law1 whenever the value in controversy should exceed twenty dollars2 and then say whether there is not the strongest implication in favor of the same right1 in cases of human liberty1 which is so much more precious than life and property combined4 ,i do not here say it is an implication that binds the courts in administering a law4 ,that is not the point under discussion4 ,but is it not an implication that binds the legislator1 so that when legislating on the subject1 he cannot consciously and wilfully abandon it without infidelity to his oath8 ,i do not believe that many men from the free states will ever be found in ,congress who will not take this view of the subject4 ,indeed1 not a few of the best lawyers and jurists have held that the implication binds the courts2 and therefore that the statute of #agic is unconstitutional4#aa ,mr4 ,webster treats the two cases1 of fugitives from justice and fugitives from service1 alike2 although one can almost adopt his own language1 and say that 8nothing is more false0 than that they are alike4 ,in regard to the first class1 the constitution says1 a person 8charged0 with treason1 c42 but in regard to the second class1 it says no person 8held10 c4 ,according to the obvious intent of this language1 the alleged fugitive must be proved to be held1 bound1 obligated4 ,it is not enough that he be charged to be 8held0 to service1 though it is enough that a man be 8charged0 with crime4 ,to bring the first case within the legal category of the second1 its terms should be1 8a person guilty of treason10 c41 shall be delivered up4 ,were such the phraseology1 would any one doubt that proof of guilt should precede delivery1 and that there could be no other foundation for it8 ,mr4 ,webster says1 8perhaps the only insuperable difficulty0 to a trial by a jury1 8has been created by the states themselves40 ,suppose this to be so1 ,i would ask whose duty is it to act first1--that of ,congress to provide the trial1 or that of the states to remove the impediment8 ,shall the states repeal their laws first1 and leave the liberty of the citizens in jeopardy2 or shall not ,congress legislate first1 and secure that liberty8 ,which is of the greater importance1 that the owner should recover his slave1 or that the citizen should retain his freedom8 ,i answer according to the language which the criminal law uses respecting guilt and innocence1 that it is better that nine hundred and ninety-nine1 that is1 an indefinite number of slaves should escape1 than that one free man should be delivered into bondage4 ,besides1 ,i think no state legislated on the subject for the protection of its own citizens1 until #ahdb4 ,this was after ,congress had neglected1 for more than fifty years1 to do its duty4 ,why1 then1 should ,mr4 ,webster cast the blame upon the states which forbore for more than fifty years to act protectively for themselves1 when ,congress1 of which he had been a leading member for nearly forty years1 had endangered1 instead of securing1 the liberty of their citizens8 ,when he said that 8every member of every northern legislature is bound by oath to support the constitution of the ,united ,states10 why did not the retort suddenly rise to his mind that he was bound by oath not less than they2 and that his oath embraced the men that owned freedom1 not less than the men that owned slaves8 ,besides1 he charges only a part of the free states with being guilty of unjust legislation4 ,shall the innocent states suffer because of the others' offence8 ,rather shall not ,congress first supply the means of protection to the citizens of all8 ,it seems to me1 too1 that the fourth amendment has an important 8bearing upon the subject10 because it shows that the master-thought of our fathers1 in forming the constitution1 was to secure the liberties of the citizen4 ,it provides against 8unreasonable seizures0 of 8persons40 ,i suppose the main idea of this amendment was to secure the citizen against 8unreasonable seizure10 even in cases where he should afterwards1 and at some time1 be brought to trial according to the forms of the common law4 ,but what 8seizure0 can be more 8unreasonable10 than one whose object is1 not an ultimate trial1 but bondage forever1 without trial8 ,can mortal imagination conceive of any seizure less entitled than this to be called 8reasonable80 ,with what indignation did our fathers frown because they were transported beyond seas to be tried2 yet1 by our present law1 and by the law which ,mr4 ,webster promises to support1 a free man may be transported1 if not beyond seas1 at least beyond lands1 and beyond states1 not to be tried1 but to be held in slavery forever without trial4 ,if a free citizen of ,massachusetts should be seized and plunged into a ,massachusetts prison1 to be kept there for life2 and his children1 as a consequence of his fate1 were put into the same1 or into other prisons1 as fast as they were born1 to be also kept for life2 and such was the original object and avowed purpose of the seizure1 would not this conflict a little with the 8spirit0 of the fourth amendment8 ,and does this proceeding conflict with this 8spirit0 any the less1 because the prison is a southern rice swamp1 or cotton field1 where the nearest door or outlet of escape is more than a hundred miles from the spot of confinement8 ,in common law actions1 trover1 detinue1 replevin1 c41 c41 the trial is to be in the vicinage1 except there is some overpowering reason for changing the venue1 or place of trial4 ,but here is a transfer of the party1 not for a trial1 but for evading a trial4 ,i submit1 then1 to the public1 that here are three provisions of the constitution1 each one of which does have 8a bearing on the subject40 ,each strengthens the other4 ,they form a triple implication1 if not a trinoda necessitas1 which no man1 however powerful he may be1 can break4 ,the argument which the lawyers call ab inconvenienti1--the argument from inconvenience1--has been pressed into the service of the slaveholder to endanger the liberties of the citizen4 ,i answer1 there are two sides to this argument2 nor was it wise in the slaveholder1 or his northern friends1 to suggest it4 ,it seems to me quite as inconvenient for a free man to lose his liberty1 as for a slaveholder to lose his slave4 ,if a southern man sues a northern one for the value of a bale of cotton or a barrel of rice1 must not the plaintiff await the next term of the court before he can enter his action1 abide by the rules of the court respecting continuances1 and submit to the order of business in taking his turn before a jury8 ,to obviate this inconvenience1 has any legislature or any court ever proposed to set aside or annul1 at once1 all the securities by which we hold property and life8 ,and how stands the question respecting evidence or proof8 ,if difficult for a slave claimant1 from ,texas1 to prove title to his slave in ,massachusetts1 how infinitely more difficult for a citizen of ,massachusetts to prove title to himself in ,texas4 ,but ,mr4 ,webster says there are independent courts at the south1 8always open and ready to receive and decide upon petitions or applications for freedom40 ,suppose this to be true2 how is a man or a woman1 whose master knows that he or she is free1 to get to the courts8 ,mr4 ,webster seems to think that as soon as a kidnapping slave dealer shall transport his human prey to the south1 he will at once take him to1 or allow him to go before a court of justice1 or will sell him to some brother ,samaritan who will do so4 ,does not every body know that any man1 who is capable of the enormous guilt of seizing or buying a freeman1 will make it impossible for that freeman to regain his birthright8 ,mr4 ,webster says1 persuasively1 that the alleged slave 8is only remitted1 for inquiry into his rights1 to the state from which he fled40 ,but suppose he had never 8fled10 but was demeaning himself as a peaceable citizen1 under the solemnly pledged protection of the government1 on the soil where he was born6 ,this is the false idea that underlies the whole of ,mr4 ,webster's seductive letter1 that under such a bill as ,mr4 ,butler's1 nobody but a slave would ever be arrested4 ,i have no doubt that what ,mr4 ,webster says about southern courts being 8fair and upright10 is very generally and extensively true2 but ,i have had a little personal knowledge of southern courts1 and ,i have no hesitation in saying that there has been one1 at least1 before which1 if a slave were suing for his freedom1 and any popular clamor against him should exist1 he would have no more hope of obtaining his liberty through the 8fairness0 of the court1 than1 if thrown overboard in the middle of the ,atlantic ocean1 he would have of saving his life by swimming ashore4 ,mr4 ,webster holds ,massachusetts up to the ridicule of the world1 because1 as he says1 she 8grows fervid on ,pennsylvania wrongs20 and he has deemed it his duty to inquire how many seizures of fugitive slaves have occurred in ,new ,england within our time4 ,is this the ,christian standard by which to estimate the evil of encroachments upon the most sacred rights of men8 ,if ,i repose in contentment and indifference1 because my own section1 or state1 or county1 is as yet but a partial sufferer1 why should ,i not continue contented and indifferent while ,i myself am safe8 ,in providing for the liberties of the citizen1 under a common government1 ,i think ,massachusetts worthy of all honor and not of ridicule1 because she does 8grow fervid on ,pennsylvania wrongs10 and on the wrongs of an entire race1 whether in ,pennsylvania or ,california1 or any where within the boundaries of our own country4 ,i see no reason why my sympathies as a man1 or the obligations of my oath as an officer1 in regard to the nearer or the remoter states1 should be inversely as the squares of the distances4 ,even with regard to foreign countries1 did ,mr4 ,webster think so1 in those better days1 when his eloquent appeal for oppressed and bleeding ,greece roused the nation1 like the voice of a clarion4 ,did ,mr4 ,webster deem it necessary to make inquisitions through all the ,new ,england ,states1 to learn how many ,hungarian patriots they had seen shot at the tap of drum1 or how many noble ,hungarian women had been stripped and whipped in their market places1 before he thrilled the heart of the nation at the wrongs of ,kossuth and his compatriots1 and invoked the execrations of the world upon the ,austrian and ,russian despots8 ,i see no difference between these cases1 which is not in favor of our home interests1 of our own domestic rights1 except the difference of their bearings upon partisan politics and presidential rivalries4 ,mr4 ,webster quotes and commends ,mr4 ,bissell1 who said that those southern states which had suffered the least from loss of slaves1 made the greatest clamor4 ,that statement of a fact was well put by ,mr4 ,bissell2 but was it well applied by ,mr4 ,webster8 ,in the statement1 it was a question as to the loss of property4 ,in the application1 it is a question as to the loss of liberty4 ,the latter is not1 therefore1 the 8counterpart0 of the former4 ,blindness to the distinction between the value and the principle of property1 and the value and the principle of liberty1 could alone have permitted the comparison4 ,but ,i have extended this communication greatly beyond my original purpose4 ,several other topics contained in ,mr4 ,webster's speech1 or growing out of what has since happened in relation to it1 and hardly less important than those already considered1 must await another opportunity for discussion2 unless1 indeed1 some disposal of the question shall render further discussion unnecessary4 ,i am not unmindful of the position in which ,i stand4 ,i am not unaware that circumstances have placed me in an antagonist relation to a man whose vast powers of intellect the world has long so vividly enjoyed and so profoundly admired4 ,i well know that a personal contest between us seems unequal1 far more than did the impending combat between the ,hebrew stripling and that champion of the ,philistines who had a helmet of brass upon his head1 and greaves of brass upon his legs1 and the staff of whose spear was like a weaver's beam4 ,but the contest is not between us4 ,it is between truth and error2 and just so certain as the spirit of ,good will prevail over the spirit of ,evil1 just so certain will ,truth ultimately triumph4 ,in such a case as this1 there is one point of view in which ,mr4 ,webster is a desirable antagonist2 for the thick and far-beaming points of light which he has left all along his former course of life1 cannot fail to expose1 to all eyes but his own1 the devious path into which he has now wandered4 ,,horace ,,mann4 ,,washington1 ,june #f1 #ahej4 99 99 99 99 99 ,several editions of the preceding ,letters having been exhausted1 another was printed1 under date of ,july #h1 #ahej1 with ,notes4 ,,footnotes3 #i ,all my quotations from ,mr4 ,webster are taken from the edition of his speech which he dedicated to the 8,,people ,,of ,,massachusetts10 ,march #ah1 #ahej4 ,among the numerous readings which have appeared1 ,i suppose this to be the most authentic4 #aj ,this argument may be found repeated and enlarged upon in a subsequent part of the present volume1 p4 #dji1 et seq4 ,it is retained here only to preserve the logical and legal symmetry of the letter4 #aa ,see an elaborate opinion of ,chancellor ,walworth1 #ad ,wend4 #ejg1 ,jack ,,vs4 ,martin4 ,,notes ,,to ,,the ,,preceding ,,letters4 ,i had hoped not to be required to say more on the subject discussed in the above ,letters2 but1 during the last week1 ,mr4 ,webster has issued1 in a pamphlet form1 a speech made by him in the ,senate on the #agth ult41 accompanied by his letter1 dated on the same day1 to some gentlemen on the ,kennebec ,river4 ,in this letter1 ,mr4 ,webster has referred to me again2 and ,i regret exceedingly to say1 that he seems to have given himself full license to depart from all the rules of courtesy belonging to a gentleman1 and to disobey the obligations of truth belonging to a man4 ,that ,i may not be supposed to make any over-statement respecting the character of ,mr4 ,webster's language towards me1 as expressed in this letter1 ,i quote a specimen or two from it4 8,a pamphlet has been put into circulation10 says he1 referring to the first of the above two letters1 8in which it is said that my remark is #8undertaking to settle by mountains and rivers1 and not by the ,ten ,commandments1 the question of human duty1' #8,cease to transcribe1' it adds1 #8upon the statute book what our wisest and best men believed to be the will of ,god1 in regard to our worldly affairs1 and the passions which we think appropriate to devils will soon take possession of society4'0 ,he then adds1 8,one hardly knows which most to contemn1 the nonsense or the dishonesty of such commentaries on another's words4 ,i know no passion more appropriate to devils than the passion for gross misrepresentation and libel10 c41 c4 ,the angry and reproachful language1 in which ,mr4 ,webster has here indulged himself1 releases me from all further obligation to treat him with personal regard4 ,yet ,i do not mean to avail myself of this release4 ,under our present relations1 however1 ,i do feel at liberty to use considerable plainness of speech4 #a4 ,let me first refer to a misrepresentation by ,mr4 ,webster of a plain matter of fact4 ,in professing to quote1 from his #gth of ,march speech1 a passage on which ,i had made a criticism1 he alters the passage so as to evade the criticism1 and then condemns me for making it4 ,the original passage in his speech read as follows3 8,i would not take pains to reffirm an ordinance of ,nature1 nor to renact the will of ,god40 ,this was the sentiment ,i criticized4 ,it appears in these words in the ,national ,intelligencer1 in the ,washington ,union1 in the ,republic1 in the ,globe1 and in the pamphlet edition of his speech1 which he dedicated to the people of ,massachusetts4 ,but in the ,kennebec letter1 in order to elude the point of my criticism1 he has interpolated a word into the sentence1 which changes its whole meaning4 ,affirming that he quotes himself1 he says1 8,i would not take pains ,,uselessly to reffirm an ordinance of ,nature1 or to renact the will of ,god40 ,by foisting in the word which ,i have underscored1 he changes the entire character of the sentiment advanced4 ,as now stated1 nobody can dissent from it2 for who would announce1 in a distinct proposition1 that he would uselessly do any thing8 ,but1 as originally stated1 nobody can assent to it4 ,this alteration of his language1 after my criticism upon it was made1 is not only unjust towards me1 but it contains a latent confession that he knew he was wrong1 but thought this surreptitious changing of his doctrine to be a less evil than a frank acknowledgment of his error4 ,had he truly quoted the original false sentiment1 the world would have seen that ,i was right2 but1 in his dilemma1 he falsely interpolated a true sentiment1 not only to evade the force of my criticism upon him1 but to make occasion for an unfounded imputation against me4 ,i shall not undertake to define or describe a proceeding like this in words of my own4 ,but ,i may be permitted1 without discourtesy1 to use a sentiment advanced by himself1 and leave its application to be made by its author4 ,it is in the same connection that ,mr4 ,webster makes the following remark3 8,i know no passion more appropriate to devils than the passion for gross misrepresentation and libel40 ,can any mortal specify a grosser instance of 8gross misrepresentation and libel0 than when one of the parties to a public discussion has uttered an obnoxious sentiment1 and when this sentiment has met with very general reprobation1 and when1 in the progress of the discussion1 the guilty party professes to restate the case1 that he should then expunge the false sentiment he originally advanced1 foist a trite and common-place one in its stead1 then apply the criticism made on the suppressed sentiment to the forged one1 and proceed to condemn his critic for 8nonsense0 or 8dishonesty08 ,is it not as palpable a case of alteration1 as to change the date of a note of hand in order to take it out of the statute of limitations1 or to obliterate the description of the premises in a deed1 and put a more valuable estate in its place8 ,this proceeding is worse1 if possible1 than the former 8misrepresentation and libel0 of my argument and myself1 contained in the ,newburyport letter4 ,but the subject is painful1 and ,i leave it4 #b4 ,following up his attack upon me1 ,mr4 ,webster proceeds to say3 8,in classical times1 there was a set of small but rapacious critics1 denominated captatores verborum1 who snatched and caught at particular expressions2 expended their strength on the disjecta membra of language2 birds of rapine which preyed on words and syllables1 and gorged themselves with feeding on the garbage of phrases1 chopped1 dislocated1 and torn asunder by themselves1 as flesh and limbs are by the claws of unclean birds40 ,may ,i most respectfully ask ,mr4 ,webster on what authority he says there was1 8in classical times10 any such 8set0 of 8small but rapacious critics10 as he here speaks of--or exemplifies8 ,in my ignorance1 ,i have always supposed the 8captator0 of classical times1 to be a kind of 8genius0 the very opposite of what ,mr4 ,webster describes4 ,horace1 ,juvenal1 and ,livy represent him as a selfish1 sycophantic gift-seeker1 or fortune-hunter2 not a twister1 torturer1 or interpolator1 even1 of words and phrases4 ,if captator meant a cavilling1 cynical critic1 then captatrix should mean a scold1 a vixen1 or virago2 but its true meaning was 8a fawning gossip10 or 8mean flatterer40 ,no mistake could well be greater than that the old captatores 8expended their strength on the disjecta membra of language10 or 8gorged themselves with the garbage of phrases1 chopped1 dislocated1 and torn asunder1 by themselves40 ,on the contrary1 they were 8gentle as a sucking dove40 ,the accompanying words descriptive of the 8captator0 were not torve1 ringi1 and so forth2 but collide1 blande1 or blandicule4 ,there was nothing like the harpy about them1 as ,mr4 ,webster seems to suppose1 in this remarkable description of his1 which is as rhetorically unsavory as it is classically untrue4 ,so far from there being any 8set0 of critics1 in classic times1 denominated and known as captatores verborum1 ,i doubt whether even the abstract noun 8captatio0 occurs half a dozen times1 in all the classics1 in connection with the genitive of his pretended appellation4 ,he could hardly have made a greater or more ludicrous mistake4 ,it is exceedingly to be regretted1 after the numerous instances we have lately had of ,mr4 ,webster's bad logic1 and bad humanity1 and bad discoveries of natural law1 that he should now offend the classical taste of the country1 and bring discredit upon the ,new ,england colleges1 by his bad ,latin4 ,this whole anti-classical paragraph about 8disjecta membra10 and 8chopping10 and 8gorging10 and 8uncleanness10 is an unclean conception of his own2 not a pure but an impure invention1 and seems more epigastric than intellectual in its origin4#ab #c4 ,i will now give a specimen or two of ,mr4 ,webster's errors in geography1 and of his false citation of authorities4 ,it will then be seen that his geographical statements are worthy to be placed side by side with his classical4 ,in the same letter1 he says the extent of ,new ,mexico1 north and south1 on the line of the ,rio ,grande1 8can hardly be less than a thousand miles40 ,this makes a little more than fourteen degrees of latitude4 ,now1 as its northern boundary is in #db1 its southern must be as low as #bh4 ,this is four degrees below ,el ,paso del ,norte4 ,yet ,mr4 ,webster1 on the #acth of ,june last1 declared himself in favor of fixing the northern boundary of ,texas at or near ,el ,paso1 and more than four degrees of latitude north of what he here says is the southern boundary of ,new ,mexico4 ,he also supported that part of the compromise bill which proposes to give ,texas1 not only these four degrees of latitude1 but millions of money also1 for taking what1 as he now says1 belongs to ,new ,mexico and the ,united ,states4 ,how can these views stand together8 ,in his #gth of ,march speech1 ,mr4 ,webster declared it to be a natural impossibility that ,african slavery could ever exist 8in ,california or ,new ,mexico40 7p4 #db47 ,he now defines the southern boundary of ,new ,mexico4 ,it can hardly be less1 says he1 than 8a thousand miles0 from the forty-second degree of north latitude4 ,this places it four degrees south of ,el ,paso4 ,he is in favor of that part of the bill which gives these four degrees to ,texas4 ,according to him1 therefore1 should ,texas get possession of these four degrees of what is now ,new ,mexican territory1 slavery will exist1 as far up as the old southern boundary line of ,new ,mexico1 by virtue of the laws of ,texas1 but beyond this line1 although within the bounds of ,texas1 it will not exist1 because forbidden by the 8will of ,god40 ,hence the extraordinary spectacle will be exhibited1 of the existence of slavery coming plump up to the south side of an imaginary line1 by the laws of ,texas1 while on the north side of the said imaginary line1 its existence will be cut square off by the 8will of ,god10 although both sides are within the same political jurisdiction4 ,this will be a miracle1 compared with which the supposed miraculous preservation of the ,jewish feature and complexion1 for two thousand years1 will be unworthy to be mentioned4 ,it remains to be seen1 however1 whether this miracle will be vouchsafed to ,mr4 ,webster1 as a proof of the divine favor4 ,on the #eth of ,june1 ,mr4 ,webster voted against incorporating the 8,proviso0 into the governments for ,new ,mexico and ,utah1 because slavery was already prohibited there by 8,asiatic scenery0 and the law of 8physical geography40 ,on the next day1 too1 he voted against the following amendment1 offered by ,mr4 ,walker3 8,and that peon servitude is forever abolished and prohibited40 ,whether he so voted because this species of slavery1 7which is an existing institution at the present time17 was prohibited by 8scenery0 and 8geography10 does not appear4 ,but on the #agth of ,june1 ,mr4 ,webster1 in the ,senate1 suggested a qualification of his doctrine as laid down on the #gth of ,march1 viz41 that 8every foot of territory of the ,united ,states has a fixed character for slavery40 ,an uncertainty as to the boundary line between ,new ,mexico and ,texas1 gave rise to this qualification4 8,let me say to gentlemen10 said ,mr4 ,webster1 8that if any portion which they or ,i do not believe to be ,texas1 should be considered to become ,texas1 then1 so far1 that qualification of my remark is applicable40 7,cong4 ,globe1 #cast ,cong41 #ast session1 p4 #abci47 ,that is1 if the compromise bill should so establish the boundary line between ,new ,mexico and ,texas1 as that 8any portion of ,new ,mexico which they or ,i other gentlemen or ,mr4 ,webster1 do not believe to be ,texas1 should be considered to become ,texas10 then as ,texan territory1 it might lose its 8fixed character10 and become slave territory1 notwithstanding the 8ordinance of ,nature0 and the 8will of ,god10 to the contrary4 ,but1 strange to say1 on this same #agth of ,june1 the ,kennebec letter was written1 which carries the southern boundary of ,mexico1 on the east side of the ,rio ,grande1 four degrees below ,el ,paso1 and1 of course1 includes all that region within ,new ,mexico1 and therefore within the 8ordinance of ,nature0 and the 8will of ,god60 ,so that1 after all1 he acknowledges that the 8ordinance of ,nature0 and the 8will of ,god10 as he expounds them1 may be overridden by the laws of ,texas2--in which view he is undoubtedly right4 ,but his citation of authorities is among the most surprising of all his aberrations from fact4 ,he first quotes ,major ,gaines1 who1 as he says1 8traversed a part of this country during the ,mexican war40 ,by 8this country10 ,i suppose he means ,new ,mexico4 ,if he does not mean ,new ,mexico1 then the citation has no relation to the subject4 ,if he does mean ,new ,mexico1 then he asserts what is untrue4 ,major ,gaines did not go within four or five hundred miles of ,new ,mexico during the war2 and if the quotation from him was designed to create the belief that1 in what ,major ,gaines said1 he was speaking of ,new ,mexico1 it was as gross an imposition as could well be made4 ,the next citation is from ,colonel ,hardin4 ,two sentences are taken4 ,i transcribe the first with ,mr4 ,webster's italics4 8,the whole country is miserably watered2 large districts have no water at all4 ,the streams are small1 and at great distances apart4 ,one day we marched on the road from ,monclova to ,parras1 thirty-five miles1 without water2 a pretty severe day's march for infantry40 ,and what country does this describe8 8,from ,monclova to ,parras1 thirty-five miles06 says ,colonel ,hardin4 ,and where is ,monclova8 ,away down south1 in ,coahuila1 hundreds of miles from any part of ,new ,mexico4 ,i submit the following notes1 one from the colonel of the regiment in which ,mr4 ,gaines was a major2 and the other from a major in the regiment of which ,mr4 ,hardin was colonel4 ,both letters are from gentlemen who are now members of ,congress4 ,,house ,,of ,,representatives1 ,june #bg1 #ahej4 ,,sir2 ,in reply to your note of this date1 ,i state that ,major ,gaines did not1 during the ,mexican war1 travel through any part of ,new ,mexico4 ,major ,gaines entered ,mexico at ,camargo1 on the ,rio ,grande2 was engaged near ,saltillo1 until he was captured and taken to the city of ,mexico2 and thence he returned to the ,united ,states by the way of ,vera ,cruz4 ,i am1 sir1 very respectfully1 c41 ,,humphrey ,,marshall4 ,p4,s4 ,in reply to your verbal inquiry1 whether ,colonel ,hardin was in ,new ,mexico1 ,i state1 that ,colonel ,hardin was attached to ,general ,wool's command1 and passed from ,san ,antonio de ,bexar1 by the ,presidio de ,rio ,grande1 ,monclova1 and ,parras1 to ,saltillo2 so that he did not enter ,new ,mexico4 ,h4 ,m4 ,hon4 ,h4 ,,mann4 ,,house ,,of ,,representatives1 ,june #bh1 #ahej4 ,,hon4 ,h4 ,,mann4 ,,sir2 ,in reply to your note of this date1 ,i have the honor to say1 that ,i was an officer of the first regiment1 ,illinois volunteers1 commanded by ,colonel ,j4,j4 ,hardin1 during the ,mexican war1 and that during the time ,colonel ,hardin was in command of the regiment he was not in ,new ,mexico4 ,his nearest point to ,new ,mexico was ,monclova or ,parras1 which was several hundred miles distant4 ,in my opinion1 ,colonel ,hardin was never in ,new ,mexico2 he certainly was not in that country during the ,mexican war4 ,respectfully1 ,w4 ,a4 ,,richardson4 ,now what possible excuse can be offered for these misleading citations8 ,what information would be given of the soil of the ,genesee valley of ,new ,york1 by proving the condition of the sands of ,cape ,cod8 ,mr4 ,webster next quotes1 for the second time1 the letter of ,hugh ,n4 ,smith1 ,esq4 ,this letter1 if taken by itself1 would render it improbable1 in ,mr4 ,smith's opinion1 that slavery would go into ,new ,mexico2 but it by no means proves the physical impossibility of its existence there4 ,but what different language has ,mr4 ,smith since held in his address to his constituents in ,new ,mexico itself8 ,i will quote a few passages from this address to show its general drift and intent4 8,your state1 ,new ,mexico1 is threatened with dismemberment1 and what is yet more fatal1 the introduction of slavery into its bosom40 7p4 #a47 8,the most formidable part of this combination against you is that which originates in the slave interest4 ,it not only rallies against you the whole slaveholding south1 but all the influence of selfish1 venal1 and ambitious men in the north1 looking to speculations in discredited bonds and land jobbing1 or to the political honors which the combined vote of the south may promise40 7p4 #b47 8,the doctrine of the slaveholding states1 in regard to their domestic institutions1 is non-intervention2 but with regard to yours1 it is instant intervention1 to set at nought the prohibition of slavery1 which you brought with you into the ,union10 c4 ,ib4 8,i am myself a native of the section1 ,mr4 ,smith is a ,kentuckian1 whose fate ,i deplore1 and if my duty did not require1 ,i would be the last to advert to the malady that preys upon its life4444 ,the schemes of those who would bind you to the destiny of the slave states1 render it necessary that your representative should be excluded from the halls of ,congress40 7p4 #c47 8,you are left prostrate1 that ,texas may dismember and divide ,new ,mexico1 and subject her to southern influence2 that negro slavery may be introduced into the remnant of territory that may not be appropriated to ,texas2 and1 finally1 that the region thus secured to southern policy may become the stock on which to graft new conquests from ,mexico40 7p4 #d47 ,these are ,mr4 ,smith's italics4 8,the first step in this process is to supplant the fundamental municipal institutions brought by ,new ,mexico with her into the ,union1 by a territorial government1 which1 by omitting the inhibition against slavery in the ,congressional act1 failing to reserve that contained in the ,mexican code1 and preventing the people of the territory from legislating upon the subject of slavery1 and from renacting the prohibitory clause1 will unquestionably abolish all protections against that institution2 and1 indeed1 more effectual legislation for the extension of slavery into ,new ,mexico could not be enacted40 7p4 #e47 8,the whole body of southern influence1 now that mining is a mania1 would combine to pour an immense colony of slaves into ,new ,mexico4 ,the consequence of this would be to level the whole population of ,new ,mexico with the new caste brought into competition2 and you1 my ,mexican fellow-citizens1 who till your own soil with your own hands1 would be compelled to fly your country1 or be degraded from your equality of freemen1 forfeiting your hopes of rising to the new elevation promised by your alliance with the great ,north ,american republic1 and living only to witness the ruin of all that renders life desirable40 7p4 #f47 ,this is what ,mr4 ,smith says1 when he writes home to his own people1 who know all about their own country1 and its danger of being invaded by slavery4 ,now1 let the reader suppose himself to have read from ,mr4 ,smith's address1 as much more of the same kind as the above1 and then say how far his evidence goes to sustain ,mr4 ,webster's discovery1 that slavery can never go into ,new ,mexico4 ,mr4 ,smith's address has been published for two months2 it has been on the tables of members1 published1 and quoted from in the newspapers1 and yet ,mr4 ,webster continues to cite ,mr4 ,smith as a witness in his favor4 ,what influences were used to induce ,mr4 ,smith to withhold1 in the letter to ,mr4 ,webster1 the facts and views which he has so clearly brought out in the letter to his constituents8 ,the next and last citation is from an officer at ,santa ,fe4 ,no name is given4 ,we are informed neither of the character of the author nor of his means of information2 and if this authority is as fallacious and deceptive as the preceding1 it is a great deal worse than nothing4 ,it would be like the testimony sometimes offered in court1 which ruins the cause and dishonors the counsel4 #d4 ,in his ,kennebec letter1 ,mr4 ,webster says1 8,i have studied the geography of ,new ,mexico diligently1 having read all that ,i could find in print1 and inquired of many intelligent persons1 who have been in the country1 traversed it1 and become familiar with it40 ,he sets forth his knowledge in this confident tone1 so that his impressions in favor of the natural prohibition of slavery may be more readily received4 ,according to this statement1 he must have read the letters of ,mr4 ,james ,s4 ,calhoun1 ,indian agent at ,santa ,fe1 communicated to ,congress by the ,president1 on the #bc;d of ,january last4 ,speaking of the ,navajoes1 a tribe of #g1jjj ,indians1 within the limits of what it is proposed to include in ,new ,mexico1 ,mr4 ,calhoun says1 that it is 8not a rare instance for one individual to possess #e1jjj to #aj1jjj sheep1 and #djj to #ejj head of other stock10 7p4 #ahd27 and that their country 8is rich in its valleys1 rich in its fields of grain1 and rich in its vegetables and peach orchards40 7p4 #aii47 8,we encamped10 says he1 8near extensive cornfields1 belonging to the ,navajoes40 7p4 #aig47 ,their 8soil is easy of cultivation1 and capable of sustaining nearly as many millions of inhabitants as they have thousands40 7p4 #bjb47 ,look at this3 ,a country owned by one tribe capable1 according to ,mr4 ,calhoun1 of sustaining nearly #g1jjj1jjj inhabitants1 and yet1 as ,mr4 ,webster avers1 inaccessible to slavery1 on account of its barrenness6 ,speaking of the ,indians1 7,pueblos17 on the ,rio ,grande1 ,mr4 ,calhoun says1 8,these people can raise immense quantities of corn and wheat1 and have large herds of sheep and goats4 ,the grazing for cattle generally is superior40 7p4 #bjf47 ,of the more western ,pueblos1 he says1 they have 8an extent of country nearly four hundred miles square02--more than twenty times as large as ,massachusetts2--8they have rich valleys to cultivate1 grow quantities of corn and wheat1 and raise vast herds of horses1 mules1 sheep1 and goats1 all of which may be immensely increased by properly stimulating their industry1 and instructing them in the agricultural arts40 7p4 #bae47 ,i might cite much more from the same authority1 to the same effect2 but ,i do not refer to ,mr4 ,calhoun so much for the purpose of showing the agricultural capabilities of ,new ,mexico1 as of asking why ,mr4 ,webster did not quote from this recent official work1 which has been lying on the tables of members for months1 instead of quoting descriptions from military officers respecting a country which he well knew they had never seen8 ,there is good reason to believe that there are wide tracts of fertile land lying between the ,sierra de los ,mimbres and the ,sierra ,nevada1 on the east and west1 and the #cb;d and #ceth degrees of latitude4 ,the waters at the mouth of a river give no doubtful indication respecting the country from which they flow4 ,if the volume be large1 we know it must drain an extensive region2 for the waters of a great river cannot be supplied from a narrow surface4 ,so if the water be muddy1 as is said to be the case with that of the ,colorado1 it is proof that it courses through a diluvial country4 ,but however this may be1 all accounts concur in representing ,new ,mexico to be rich in mines2 and mines are the favorite sphere for slavery1 as the ocean is for commerce4 ,in his late speech in the ,senate1 ,mr4 ,davis1 of ,massachusetts1 said1 that however it might be with regard to employing slaves in ,new ,mexico for raising crops of corn or cotton1 there was still one purpose to which they might be applied1--the most odious of all purposes1--to raising crops from themselves4 ,from this 8,southern ,hive10 the markets of ,texas and ,louisiana might be supplied with 8vigintial0 crops of human beings4 ,it will be incumbent on ,mr4 ,webster to invent some new 8physical0 law to meet this astute suggestion of his colleague4 8,asiatic scenery0 will hardly answer his purpose here4 ,within the limits of the proposed territory of ,new ,mexico1 it is said1 on the authority of ,humboldt1 that that powerful and comparatively civilized people1 the ,aztecs1 once resided4 ,can any person for a moment believe that the ,aztecs ever grew to opulence and power1 in any such sterile and desolate region1 as ,mr4 ,webster's 8diligent reading0 portrays8 ,but what must satisfy every man whose blindness is not of the soul rather than of the senses1 is the fact that the people of ,new ,mexico1 in the constitution which they have just framed1 have embodied a prohibition of slavery in their fundamental law4 ,had slavery been forbidden there by any 8,asiatic scenery10 or by any 8law of physical geography10 who should know it better than they8 ,they have had slavery amongst them heretofore1 and therefore they know it can invade them again1 and therefore they forbid it2 and in the choice of senators to ,congress under the new organization1 should any candidate put forward the vagary1 the phantasm1 the fatuity1 that slavery cannot exist among them1 they would doubtless deem him a less fit subject for the ,senate of the ,united ,states than for sanitary treatment4 ,how stands the evidence1 then1 on the question1 whether 8,california and ,new ,mexico10 from their geology1 their geography1 or their ,asiatic scenery1 are inaccessible or not1 to the invasion of slavery8 ,it is well known that the war with ,mexico was provoked1 and violently precipitated upon the country1 in order to extend the domain and the power of slavery4 ,in negotiating for the cession of ,california and ,new ,mexico1 the ,mexican commissioners strove to introduce a prohibition against slavery into the treaty4 ,this demonstrates that they thought slavery could exist there4 ,our minister declared that he would assent to no such stipulation1 though they would cover all the land a foot thick with gold4 ,this shows the tenacity with which ,mr4 ,polk's administration1 and all its southern friends1 adhered to their original purpose of obtaining new territory for slavery4 ,in view of this1 the ,house of ,representatives again and again voted to apply the proviso to whatever territory should be obtained4 ,when the treaty was ratified1 many of the leading senators voted against the clause for acquisition1 foreseeing the present controversy1 and hoping to avert it4 ,even after the treaty was ratified1 leading southern ,whigs in the ,house voted against paying the first instalment under it1 still clinging to the hope that the territory might be restored to ,mexico1 and this cause of dissension withdrawn4 ,during all this period1 fourteen of the northern legislatures1 many of them again and again1 voted that the proviso should be applied4 ,the present six months' contest1 in the ,senate and ,house1 between the north and the south1 is conducted solely on the conviction that slavery may exist in the territories2 and that it will or will not exist there1 according as the law allows or forbids it4 ,otherwise it would be the most nonsensical and nugatory discussion ever engaged in out of a lunatic asylum4 ,once make it as clear as any law of physical nature1 that slavery can never transgress the bounds of the new territories1 and there is not a man so demented that he would any longer contend either for the proviso1 or against it4 ,mr4 ,webster was always of the same opinion1 and has declared it a hundred times4 ,in his ,marshfield speech1 ,september #a1 #ahdh1 he said1 8,he ,general ,cass will surely have the ,senate1 and with the patronage of the government1 with every interest that he1 as a northern man1 can bring to bear1 coperating with every interest that the south can bring to bear1 we cry safety before we are out of the woods1 if we feel that there is no danger of slavery as to these new territories40 ,up to the #gth of ,march1 #ahej1 then1 when he abandoned all the doctrines and sentiments he had ever before advocated on this subject1 and when he incurred the public1 hearty approval and encomiums of ,mr4 ,calhoun1 by his moral agility in springing1 at one leap1 from ,massachusetts to ,south ,carolina2--until this time1 ,mr4 ,webster had always held1 that slavery would invade the new territories if not barred out of them by positive law4 ,and what would be still more remarkable1 if the doctrines of the #gth of ,march speech had the least shadow of soundness in them1 is1 that they have now been before the public for more than four months1 and1 so far as ,i know1 not a single southern man has been converted by them4 ,are not ,mr4 ,benton1 ,mr4 ,mason1 ,colonel ,davis1 and thousands of others1 individually1 as good judges1 or as good witnesses1 as he is8 ,since the speech1 the people of ,new ,mexico have prohibited slavery in their constitution1 because they knew it to be possible among them4 ,before the speech1 ,california did the same1 and for the same reason4 ,the ,nashville convention has just resolved1 8,that ,california is peculiarly adapted for slave labor1 and that if the tenure of slave property was by recognition of this kind secured in that part of the country south of #cf #cj1 it would in a short time form one or more slaveholding states1 to swell the number and power of those already in existence40 ,even those who seek to apologize for ,mr4 ,webster1 avow1 at the same time1 their disbelief in his doctrine4 ,such is the evidence1 on the one side and on the other1 as to the possibility or impossibility of slavery in the territories4 ,mr4 ,webster is against the whole world1 and the whole world is against him1 and this1 too1 on a question already settled by history and experience4 ,he is just as much to be believed1 as a man who looks up into the clear midnight sky1 and denies the existence of the heavenly host1 while all the stars of the firmament are shining down into his eyes4 ,to increase the overwhelming proof against ,mr4 ,webster1 ,i add the following3-- ,,house ,,of ,,representatives1 ,june #a1 #ahej4 ,,hon4 ,s4 ,r4 ,,thurston1 ,delegate from ,oregon4 ,,dear ,,sir2 ,in a speech delivered by you1 in the ,house of ,representatives1 in ,march last1 ,i understood you to say that you had been in the valley of the ,great ,salt ,lake1 and that you were acquainted1 from personal observation1 with a large part of the territory of ,california4 ,will you be so good as to give me your opinion1 and the reasons for entertaining it1 of the probability or improbability of the introduction of slave labor into any part of the territory recently acquired by the ,united ,states from ,mexico2 provided such introduction be not prohibited by law4 ,i wish to obtain your opinion in regard to other kinds of labor1 as well as agricultural2 because1 as it seems to me1 a most unwarrantable1 if not a most disingenuous attempt has been made1 to lead the public to believe that no form of slave labor will ever be introduced there1 because1 possibly1 or probably1 it may not be introduced for agricultural purposes4 ,a reply at your earliest convenience will much oblige ,yours1 very truly1 ,,horace ,,mann4 ,,washington1 ,june #aj1 #ahej4 ,,hon4 ,,horace ,,mann2 ,i received a note from you some days ago1 making certain inquiries1 but which1 up to this time1 ,i have been unable to answer4 ,i desire to take no part in the question now dividing the country2 but as you have asked my judgment upon a matter which appears to be a disputed point1 ,i cannot1 consistently with the law of courtesy1 refuse you an answer4 ,that answer will be in conformity with what ,i have frequently said1 heretofore1 in private conversation with gentlemen on this subject4 ,the point of inquiry seems to be1 whether slave labor could be profitably employed in ,oregon1 ,california1 ,utah1 and ,new ,mexico4 ,if the nature of the climate and resources of these countries are such as to furnish a profitable market for slave labor1 it appears to be conceded1 on all sides1 that it would be introduced1 if left free to seek profitable investment1 like other capital4 ,the whole point at issue1 then1 is dependent1 as it is conceived1 upon the determination of the first point of inquiry4 ,hence1 to that point1 only1 it is necessary for me to confine my answer4 ,i need not remind you of the law regulating the investment of capital4 ,it will always go where1 under all circumstances1 it will yield the greatest return to the owner4 ,upon this principle ,i am very clear1 that slave labor1 if unrestricted1 could be employed in ,oregon1 with at least double the profit to the owner of the slave that it now yields in any state of the ,union4 ,i am uninformed as to the usual price of slave labor in the states1 but the price paid to ,indians in ,oregon during the past year1 for labor1 has ranged from two to three dollars per day4 ,domestic negro servants1 whether male or female1 who understand the business of housework1 would command1 readily1 five or six hundred dollars a year4 ,i recollect well that there was a mulatto man on board the vessel in which ,i took passage from ,oregon to ,san ,francisco1 who was paid one hundred and eighty dollars per month for his services as cook4 ,i will not stop to particularize further1 in regard to the inducements ,oregon would offer to unrestricted slave labor1 but will simply add1 that a very large number of slaves might now be employed in ,oregon at annual wages sufficiently large to purchase their freedom4 ,i think1 therefore1 that the point is settled so far as ,oregon is concerned1 and that slave labor1 if it had been left free to seek profitable employment1 would readily find its way to that territory4 ,as to ,california1 ,i am equally clear4 ,california will always be a mining country1 and wages will range high4 ,at present1 slave labor in ,california would be more profitable than in ,oregon4 ,and ,i have always been of the opinion1 that wherever there is a mining country1 if not in a climate uncongenial to slave labor1 that species of labor would be profitable4 ,that it would be in the ,california mines1 is evident4 ,a good able-bodied slave would have commanded1 in ,california1 during the past year1 from eight to ten hundred dollars per annum4 ,when it is recollected that one hundred dollars per annum1 upon an average1 is considered a good compensation for their labor in the ,southern ,states1 it is idle1 in my judgment1 to contend that slaves would not be carried to the ,california market1 if protected by law4 ,the greatest impediment which white labor has to encounter in the mines1 is the intensity of the heat1 and the prevalence of bilious disease4 ,the one is almost insufferable1 while the other is pestilential4 ,against both of these the negro is almost proof4 ,now1 while white labor is so high1 it is evident that no one can hire a white laborer1 except at a rate that would consume his profit4 ,not so with negro labor4 ,that species of labor might be obtained for half the amount which you would have to pay for white labor4 ,the result would be a profit alike to the hirer and seller of slave labor4 ,there is no doubt1 in my judgment1 that almost any number of slaves might be hired out in ,california1 were the whites willing to allow it1 at from eight to ten hundred dollars a year4 ,this is pay so much above what their services command in the states1 as to satisfy any one1 that could this species of service be protected in ,california1 it would rush to the ,pacific in almost any quantity4 ,let us next turn our attention to ,utah and ,new ,mexico4 ,i have no doubt1 from what knowledge ,i have of those countries1 that they will turn out to be filled with the richest mines4 ,i clip the following from a recent paper1 containing the news from ,texas and ,chihuahua3-- 8,mr4 ,james was informed1 by ,major ,neighbours and ,mr4 ,lee ,vining1 that they had been shown by ,major ,stein1 some gold washed out by his troops1 on the ,gila ,river1 in a short excursion to that stream4 8,it is reported1 that1 at the copper mines above ,el ,paso1 there are about one hundred tons of pure copper lying upon the ground4 ,this had been got out by ,mexicans1 and abandoned when attacked by ,indians4 8,there are at ,el ,paso1 in the hands of different persons1 several large amounts of silver ore1 taken from the mines in that neighborhood4 ,with guaranties of titles to lands1 and protection from ,indians1 only a short time would elapse before all these mines would be well worked1 and we would have large quantities of metal seeking a market through this place40 ,and if you consult ,fremont's map1 printed by order of the ,senate in #ahdh1 you will find1 near the source of one of the branches of the ,gila ,river1 8copper and gold mines0 laid down4 ,and if ,i am not greatly mistaken1 it will turn out that the ,mormons are in possession of the richest kind of mines1 east of the ,sierra ,nevada4 ,it is known1 too1 that silver and copper mines have1 for many years1 been worked in ,new ,mexico2 and ,i am informed by ,hugh ,n4 ,smith1 ,esq41 that there are1 in that territory1 gold1 silver1 copper1 lead1 and zinc mines of the richest quality1 and that the reason why they have not latterly been worked more extensively is1 that it is prevented by the incursions of the ,indians4 ,he is of the opinion1 and he is borne out by what history we can get on the subject1 that when these mines shall come to be explored1 their wealth will turn out to be enormous4 ,when you have once cast your eye over the country lying west of the ,rocky ,mountains1 and east of the ,sierra ,nevada1 and are informed of the peculiarity of the gold bearing region1 you at once become convinced that the ,united ,states is in possession of mineral wealth so vast1 that ages will not be able to measure its extent4 ,and when these mines shall begin to be developed1 and their unquestionable richness known1 population will set that way1 attended with the usual consequences1 high prices1 and a demand for labor4 ,if slave labor is like other capital1 if it will go where it is best paid1 then we have a right to say it will seek these mines1 and become a part of the producing capital of the country where those mines are located4 ,that these whole regions are filled with rich mines1 is little less than certain1 and that they can be profitably worked by slave labor is sure4 ,hence1 were ,i a southern man1 and my property invested in slaves1 ,i should consider the markets of ,new ,mexico1 ,utah1 and ,california1 for slave labor1 worthy of an honorable contest to secure4 ,i am1 sir1 with due consideration1 yours1 truly1 ,,samuel ,r4 ,,thurston4 #e4 ,the ,kennebec letter has another most extraordinary and discreditable passage4 ,it is near the close4 ,mr4 ,webster quotes from a speech delivered by him in the ,senate1 ,march #bc1 #ahdh1 says it was published in newspapers and circulated in pamphlet form1 and that that speech contained the same doctrines in regard to the 8legal construction and effect of the resolutions0 for admitting ,texas1 as are contained in the speech of the #gth of ,march4 ,he says nobody complained then1 and he wonders that any body should complain now4 ,it is very remarkable that such a man as ,mr4 ,webster should furnish1 in the very quotation which he offers1 the means of utterly confuting the assertion which he makes4 ,i suppose this can be accounted for only on the ground1 that he now occupies a position so antagonistic to that which he has abandoned that he can hardly refer to his former views without self-impeachment and self-conviction4 ,let passages from the two speeches be placed side by side1 to show1 not their identity1 but their utter irreconcilability4 ,,march #bc1 #ahdh4 ,a passage quoted by himself4 8,it shall be in the power of ,congress hereafter to make four other new states out of ,texan territory40 ,,march #g1 #ahej4 8,i wish it to be distinctly understood1 to-day1 that1 according to my view of the matter1 this government is solemnly pledged by law and contract to create new states out of ,texas10 c4 7p4 #db47 ,the first quotation only asserts a 8power0 in ,congress to create new states2 the last affirms an obligation1 8by law and contract10 to do so4 ,how could ,mr4 ,webster have expected that this broad distinction between power and duty1 between option and obligation1 could escape the attention of his readers8 ,but there is another discrepancy or contradiction still more remarkable3 ,,march #bc1 #ahdh4 8,it shall be in the power of ,congress hereafter to make four other new states out of ,texan territory40 ,,march #g1 #ahej4 8----the guaranty is1 that new states shall be made out of it1 and that such states as are formed out of that portion of ,texas lying south of #cf #cj1 may come in as slave states to the number of four1 in addition to the state then in existence40 7p4 #bi47 ,the first speech speaks of the power of ,congress1 but the last of the obligation of ,congress1 to admit new states out of ,texan territory4 ,the first speaks of 8four other new states20 but the last of the 8guaranty0 to admit 8,,slave states to the number of four40 ,yet the first speech is cited1 to men who can read and write1 as identical 8in legal construction and effect0 with the last4 ,the motto under which ,danton attempted to carry himself through his bloody career1 was3 8,l'audace1 l'audace1 toujours l'audace40 8,audacity1 audacity1 always audacity40 ,but what else did ,mr4 ,webster say1 in his speech of the #bc;d of ,march1 #ahdh8 ,referring to the debate which took place in ,december1 #ahde1 on the final act for admitting ,texas1 ,mr4 ,webster said3 8,and ,i added1 that while ,i held1 with as much faithfulness as any citizen of the country1 to all the original arrangements and compromises of the constitution under which we live1 ,i never could1 and ,i never should1 bring myself to be in favor of the admission of any states into the ,union as slaveholding states40#ac ,this is what ,mr4 ,webster reports himself to have said when the final vote on the admission of ,texas was immediately to be taken1 and when he commenced his speech by saying1 8,i am quite aware1 ,mr4 ,president1 that the resolution will pass10--meaning the resolution for the admission of ,texas4 ,mr4 ,webster's 8never could and never should0 covered the exact case of the then contemplated future slaveholding states to be formed out of ,texas4 ,while in the broadness of its terms it embraced all slaveholding states1 whensoever1 or whencesoever they might come1 it had special and pointed application to any slave state to be thereafter formed out of ,texan territory4 ,in the same speech of ,december #bb1 #ahde1 ,mr4 ,webster spoke as follows3-- 8,it may be said that according to the provisions of the constitution1 new states are to be admitted on the same footing as the old states4 ,it may be so2 but it does not follow at all from that provision that every territory or portion of country may at pleasure establish slavery1 and then say we will become a portion of the ,union2 and will bring with us the principles which we may have thus adopted1 and must be received on the same footing as the old states4 ,it will always be a question whether the old states have not a right1 7and ,i think they have the clearest right17 to require that the state coming into the ,union should come in upon an equality2 and1 if the existence of slavery be an impediment to coming in on an equality1 then the state proposing to come in should be required to remove that inequality by abolishing slavery1 or take the alternative of being excluded40 ,he also said1 in the same speech1 8,i agree with the unanimous opinion of the legislature of ,massachusetts40 ,and what was this 8unanimous opinion of the legislature of ,massachusetts08 ,among many other things equally decisive1 the ,massachusetts legislature1 on the #bfth of ,march1 #ahde1--;and1 of course1 long after the annexation resolutions had been passed1--declared as follows3-- 8,and whereas the consent of the executive and legislative departments of the government of the ,united ,states has been given1 by a resolution passed on the #bgth of ,february last1 to the adoption of preliminary measures to accomplish this nefarious project1 the admission of ,texas1 with the stipulation to admit four more states out of its territory2 therefore1 be it 8,resolved1 ,that ,massachusetts hereby refuses to acknowledge the act of the government of the ,united ,states1 authorizing the admission of ,texas1 as a legal act1 in any way binding her from using her utmost exertions1 in coperation with other states1 by every lawful and constitutional measure1 to annul its conditions1 and defeat its accomplishment4 8,resolved1 ,that no territory hereafter applying to be admitted to the ,union1 as a state1 should be admitted without a condition that domestic slavery should be utterly extinguished within its borders1 and ,massachusetts denies the validity of any compromise whatsoever1 that may have been1 or that may hereafter be1 entered into by persons in the government of the ,union1 intended to preclude the future application of such a condition by the people1 acting through their representatives in the ,congress of the ,united ,states40 ,such were the opinions which ,mr4 ,webster then openly expressed1 and such the resolutions of the legislature of ,massachusetts1 which he fully indorsed4 ,yet he now professes to wonder that any body can see any difference between the doctrine of those speeches and resolutions1 and those of his speech delivered on the #gth of ,march4#ad #f4 ,a reference to a few other misstatements of facts will close my remarks on this subject4 ,mr4 ,webster says that1 previous to writing his ,newburyport letter1 he made 8diligent inquiry10 of members of ,congress from ,new ,england1 to ascertain how many arrests of fugitive slaves had been made in their time2 and he adds1 8the result of all ,i can learn is this3 ,no seizure of an alleged slave has ever been made in ,maine40 ,now1 two such cases have happened in the ,state of ,maine4 ,one took place in the eastern part of the state1 about #ahce or '#cf4 ,the other happened at or near ,thomaston1 a little later4 ,in this latter case1 the fugitive came to ,maine in a ,thomaston vessel1 whose master was afterwards demanded as a fugitive from justice4 ,this demand gave rise to a prolonged correspondence1 ,i think1 with no less than three governors of ,maine4 ,this correspondence was extensively circulated through the newspapers1 or referred to by them1 and it would seem hardly possible that ,mr4 ,webster should not have seen it4 ,since the ,newburyport letter was published1 this misstatement of fact has been noticed in the ,maine newspapers1 yet no retraction is made4 ,the misstatement is allowed to be spread over the whole country1 uncorrected by its author4 ,mr4 ,webster then adds1 8,no seizure of an alleged fugitive slave has ever been made in ,vermont40 ,tradition1 and1 as ,i believe1 authentic history1 contradict ,mr4 ,webster here4 ,it is said by 8members of ,congress0 from ,vermont1 that an alleged fugitive was carried before ,judge ,harrington of ,vermont1 in #ahjg1 and on his being asked what evidence would satisfy him that the person was a slave1 he replied1 8,a bill of sale from ,almighty ,god40 ,but even if these statements of ,mr4 ,webster1 with regard to the ,new ,england ,states1 were all true1 it would avail him nothing2 for1 in the eye of patriotism1 it matters not where such seizures are made4 ,i refer to it only to show that ,mr4 ,webster is not to be relied upon in these matters1 either for the accuracy of his original positions1 or for a retraction of them1 when their error is pointed out by the public press4 ,i wish not to be understood1 on this particular point1 as imputing to ,mr4 ,webster an intentional misstatement2 because he accompanied his original statement with a salvo4 ,he confessed1--and he is entitled to the full benefit of the confession1--that his information might not be 8entirely accurate10 though he supposed it not to be 8materially erroneous40 ,it is 8materially erroneous20 and though one error has been exposed in the ,maine papers1 he does not rectify it4 ,possibly he does not know it4 ,while holding ,massachusetts up to reproach for 8growing fervid on ,pennsylvania wrongs10 ,mr4 ,webster draws succor and encouragement from the ,society of ,friends1 and especially from the ,friends of ,pennsylvania4 ,he says that they remain 8of sound and disposing minds and memories20 and he contrasts their wisdom and composure with the 8vehement and empty declarations1 the wild and fantastic conduct of both men and women which have so long disturbed and so much disgraced the commonwealth0 of ,massachusetts4 ,he then adds1 8,i am misled by authority which ought not to mislead1 if it be not true1 that that great body1 of ,friends1 approves the sentiments to which ,i gave utterance on the floor of the ,senate40 ,i will now show that this alleged approval by the ,friends1 though worthy of any price but truth1 was too dearly bought4 ,it is well known that the ,friends are divided into two great denominations4 ,each has its periodical1 one now in its eighth1 the other in its fourth year4 ,in the numbers published since the appearance of the ,newburyport letter1 both these periodicals do not 8approve10 but repudiate and denounce the sentiments to which ,mr4 ,webster gave utterance 8on the floor of the ,senate40 ,the ,friend's ,intelligencer deals at length with ,mr4 ,webster's 8sentiments0 on the 8,fugitive ,slave ,bill20 on the legislation of the north for the protection of its own citizens2 on his pseudo discoveries in 8physical geography20 and on the 8legal construction and effect0 of the ,texas resolutions2 and it condemns them all4 ,the ,friend's ,review dissents not less positively from ,mr4 ,webster's positions2 and both call him severely to account for the defamation of themselves1 which his letter implies4 ,on his 8sentiments0 respecting fugitive slaves1 the 8,review0 observes that they have yet to learn 8that that part of his speech was approved by any member or professor of the society40 ,i wish ,i had space to quote from these able articles1 but must forbear4 ,john ,g4 ,whittier1 ,esq41 speaking for the ,quakers of ,new ,england1 gives 8a peremptory denial0 to ,mr4 ,webster's statement4 ,i quote the following paragraph from him3-- 8,now1 we undertake to say that there is not a member of the ,society of ,friends1 in free or slave states1 who1 whether acting as a magistrate or as citizen1 could carry out the provisions of this most atrocious bill1 without rendering himself liable to immediate expulsion from a society whose character would be disgraced1 and whose discipline would be violated1 by such action4 ,it has been1 in times past1 the misfortune of the ,society of ,friends to be vilified1 caricatured1 and misrepresented2 but we remember nothing1 even in the old days of persecution1 so hard to bear as the compliments of the ,massachusetts senator4 ,whatever his #8authority' may have been1 we do not hesitate to pronounce it unqualifiedly false to the last degree40 ,now what shall be thought of a cause that requires such a series of fabrications as ,mr4 ,webster is here proved to have made1 or of the man that can make it6 ,there are many other points presented by ,mr4 ,webster's speech of the #gth of ,march1 or by what he has since said and written to defend it1 which seem to me as unwarrantable in fact1 and as reprehensible in principle1 as any above enumerated4 ,i shall close these notes1 however1 with one comment more2 reserving others1--though sincerely hoping never to have occasion to use them4 ,among the excoriations with which ,mr4 ,webster amused himself and his southern new-born pro-slavery admirers1 on the #gth of ,march last1 he flayed nobody half so deeply or so complacently1 as he did his old fellow-senators1 ,messrs4 ,dix1 of ,new ,york1 and ,niles1 of ,connecticut4 ,he scored them to the living flesh1 and then soothed their smarting wounds by vitriol and caustic1 as though he loved them4 ,their agency in the ,texas swindle1 he made odiously conspicuous4 ,he taunted them with heart-piercing innuendo for their compulsory retirement from public life4 ,and then he portrayed them as occupying their enforced vacation in attempting to rouse the people to save those regions from the curse of slavery1 which1 but for their sins1 never would have been exposed to it4 ,he worked up the scene so graphically1 that every one mocked at their contemptible plight1 and at the ridiculous contrast between the swiftness of their offence and the lameness of their expiation4 ,the effect was dramatic4 ,the pro-slavery part of the gallery and the floor responded with a shout of laughter4 ,yet devoted and long-tried friends of ,mr4 ,webster were there1 whom no darkness of blindness could prevent from seeing that his bitter sarcasm against the ex-senators1 though calculated to make the 8unskilful laugh10 must make the 8judicious grieve40 ,they could not fail to see that he1 ,mr4 ,webster himself1 at that very moment1 was occupying precisely the same pro-slavery ground1 which ,messrs4 ,dix and ,niles had occupied1 when they brought in ,texas and 8rennexed0 ,california and ,new ,mexico4 ,he was exerting all his great talents to do an act of precisely the same character which ,messrs4 ,dix and ,niles had done2--that is1 to open new territory to slavery4 ,and doubtless the first thought which arose in many a mind was the same melancholy one which spontaneously arose in my own1 that should he succeed in arguing down1 or laughing down the 8,wilmot0 as he twice scornfully called the great proviso of freedom2 and should he then betake himself to penitence and prayer1 and by years of effort1 strive to stay back from slavery the regions he had doomed to it1 he would only have elevated himself to the very 8platform0 on which ,messrs4 ,dix and ,niles stood when he made them the objects of his taunts and ridicule6 ,,footnotes3 #ab ,the above criticism on ,mr4 ,webster's latinity aroused many self-supposed scholars1 or at least fair proficients in the ,latin grammar1 to take up the pen in his defence4 ,but unluckily1 the quills they seized were plucked1 not from the ,roman eagle1 but from the wings of some of those 8unclean birds10 to which ,mr4 ,webster had introduced them4 ,among the most conspicuous of these defenders of ,mr4 ,webster's ludicrous blunder1 was ,professor ,felton1 of ,harvard ,college4 ,if any person wishes to see one of the most neat1 elegant1 and at the same time thorough cases of deplumation1 any where to be found in literary history1 in which an individual who strutted on to the stage as a peacock1 was soon obliged to leave it as a daw1 he has only to read ,dr4 ,beck's articles in 8,the ,literary ,world10 in which the fabricated quotation of ,mr4 ,webster1 and ,professor ,felton's defence of it1 are shown to be exceedingly bad as ,latin1 and much worse as logic4 #ac ,cong4 ,globe1 #ast session #cjth ,congress1 p4 #ecc4 #ad ,professor ,stuart1 in a pamphlet entitled 8,conscience and the ,constitution10 pp4 #gh1 #i1 steps in to defend ,mr4 ,webster's position that we are bound1 by contract with ,texas1 to admit from her territory1 8slave states to the number of four20 and he incidentally refers to and combats my views on this subject4 ,i respectfully submit to the revered and learned professor a single consideration1 which ,i trust will convince him that ,i am not in error4 ,for argument's sake1 admit the contract with ,texas to be unimpeachable2 although1 if it be so1 ,i see not why any one ,congress may not absorb and exhaust all the power to admit new states1 which the constitution contains1 by making contracts for centuries to come1 for all the new states that shall be admitted2 and for all the applications for admission that shall be rejected4 ,but1 admitting the validity of the ,texan contract1 what does it purport8 ,that 8new states10 8not exceeding four10 8may be formed out of the territory thereof40 ,those south of #cf #cj1 may be slave2 that1 or those1 north of #cf #cj1 shall be free2 the whole 8not exceeding four40 ,here1 then1 is an executory and mutual contract4 ,it is executory2 because it is not to be executed at the time of making1 but in futuro4 ,it is mutual1 because1 for the ,state of ,texas1 and for the one or more slave states1 south of #cf #cj1 there are to be one or more free states north of it4 ,now1 the principle is so clear that ,i think no one will for a moment dispute it1 that when an executory and mutual contract is to be executed1 say at four different times1 each preceding act of execution must be such as to allow of the ultimate execution of the whole4 ,neither the first1 second1 nor third act of execution1 must be so executed as to render the fourth impossible4 ,neither the first1 second1 nor third act1 must be so executed in favor of either of the parties1 as to render the execution of the fourth1 in favor of the other party1 impossible4 ,but if ,texas can have 8slave states to the number of four10 formed in succession out of her territory1 then1 as the whole number to be formed is not to exceed 8four10 there can be no free state formed1 under the alleged contract4 ,it is not within my knowledge that such an interpretation of this supposed contract was ever suggested by any ,texan citizen1 or by any southern man4 ,i suppose it to have been advanced1 first1 by a northern senator2 and seconded1 first1 by a northern divine4 ,,letter ,,answering ,,an ,,invitation ,,to ,,celebrate ,,the ,,anniversary ,,of ,,the ,,ordinance ,,of #aghg1 ,,at ,,cleveland1 ,,ohio4 ,,west ,,newton1 ,july #i1 #ahdi4 ,,gentlemen2 ,i have received your kind invitation to be present at ,cleveland1 on the #acth inst41 to celebrate the anniversary of the great 8,ordinance0 which excluded slavery forever from1 and secured freedom forever to the ,north-western ,territory4 ,if ,i could tell you how deeply ,i sympathize with you in this movement1 and how much my soul desires1 not merely to celebrate1 but to hallow the event1 you would then believe me when ,i say1 that ,i have had a sharp struggle not to forego all considerations of business and of health1 for the purpose of joining in your festival4 ,i regard the ,ordinance which redeemed a territory of more than two hundred and sixty thousand square miles1 from the unspeakable sin and curse of slavery1 and consecrated it to freedom1 as one of the grandest moral events in the annals of mankind4 ,without that ,ordinance1 the ,declaration of ,independence itself1 in its application to that vast and fertile region1 would have been deprived of its power to confer blessing and prosperity upon it2 and it is a fact never to be forgotten1 that the original ,declaration and the original ,ordinance were both drawn up by the same great champion of human rights1 whose hatred of slavery grew strong and deep by his personal knowledge of its wrongs and its calamities4 ,without the ,ordinance1 the ,revolution itself1 in its application to that territory1 and the treaty of #aghc1 by which its ample domain was secured to the ,union1 would have been shorn of their glory1 and robbed of their value4 ,without the ,ordinance1 the discovery of this ,western continent1 so far as that territory constitutes a part of it1 would have given us no occasion to remember the name of ,columbus with gratitude4 ,without the ,ordinance1 it would have been better1 at the creation of the world1 that all that part of it which now constitutes your five beautiful and flourishing states1 with a residuum of space large enough for still another1 had been left as a 8,dead ,sea10 whose bitter and poisonous waters would not have allowed a live thing to swim beneath its surface1 nor to fly above it1 nor a green thing to grow by its shores4 ,and without the ,ordinance1 it is no irreverence to say1 that even the omnipotent ,spirit of ,god1 working through natural laws1 for human progress and human blessedness1 would have met with bafflings and threatenings in its operations and influences for the redemption of the race4 ,accept1 gentlemen1 the assurance of my sympathy and regard4 ,,horace ,,mann4 ,messrs4 ,j4 ,c4 ,,vaughan1 ,committee4 ,,thomas ,,brown1 ,,letter ,,accepting ,,the ,,nomination ,,of ,,the ,,free ,,soil ,,convention ,,for ,,representative ,,to ,,the ,,thirty-,,second ,,congress4 ,,west ,,newton1 ,oct4 #bd1 #ahej4 ,,hon4 ,c4 ,f4 ,,adams2 ,dear ,sir1--,your favor of the #bast inst41 is this day received4 ,it informs me that at a convention1 7over which you had the honor to preside17 held at ,dedham1 on the #afth inst41 ,i was unanimously nominated as a candidate for ,representative to the thirty-second ,congress of the ,united ,states4 ,for the kind terms in which your communication is expressed1 be pleased to accept my thanks4 ,this nomination places me in no new relation to the friends of freedom and humanity1 wherever they may be found4 ,i believe my name was first suggested to the voters of this district1 7now nearly three years ago17 on the ground of my supposed devotion to the rights of men4 ,the resolutions passed at all the conventions by which ,i have been nominated1 and especially those passed so repeatedly and unanimously by our state legislature1 have been in the nature of instructions2 or1 at least1 of urgent advice and solicitation1 in regard to my course on the great questions which have since agitated the country4 ,my own convictions of duty so fully and entirely corresponding with the injunctions thus laid upon me1 it has been easy for me to act in full conformity to the wishes of the great majority of my constituents and of the state1 as those wishes have been repeatedly expressed4 ,this renders any detailed exposition of expectations on your part1 or of assurances on mine1 unnecessary4 ,i know that the leading and most valued article in your creed is the sacredness and security of human freedom4 ,you know that ,i embrace this same article of faith with my whole heart4 ,other matters may be very important1 but still are subordinate4 ,peculiar forms of organization are comparatively non-essentials4 ,they are but means to ends2 and1 in regard to them1 a large allowance is to be made for honest differences of opinion4 ,but the natural right of every human being to the liberty which ,god has given him1 until forfeited by crime of his own2 the duty of our government to save every part of this earth over which it has jurisdiction from the direst of all earthly curses and the greatest of all social crimes1--the curse and the crime of slavery2--these are among the first of the dread accountabilities that attach to rational and immortal creatures4 ,i believe it also to be the duty of government to provide for the economical or pecuniary welfare of the people2 to encourage industry by securing the rewards of labor to the laborer1 and to discourage the competitions into which those who rule and control the impoverished1 degraded1 and almost brutified laborers of other countries1 are striving to enter with our own people1--competitions1 which1 if not prevented1 will1 to a great extent1 reduce our laborers to the wretchedness and privation of theirs4 ,i believe that the money1 and the comforts purchasable with it1 which such competitions take from the workman here1 do not go to improve the condition of the workman there1 but are intercepted and appropriated by others4 ,i make this statement of my views all the more readily1 because ,i do not wish to receive an unintelligent vote from any man1 and ,i therefore abjure all disguises and reserves4 ,from my past votes and speeches in ,congress my constituents know upon what principles and to what ends ,i have acted4 ,to them ,i refer1 and deem it unnecessary to say more4 ,those who have taken the trouble to read what ,i have said on the floor of the ,house1 must have seen that1 though ,i have endeavored to express some stern truths1 on vital subjects1 in unambiguous language1 yet that ,i have never uttered a word designed to inflict unnecessary pain upon our political brethren of the south2 or to wound feelings which men may erroneously call honorable4 ,i desire to pursue the same course at all times and with all men4 ,the cause of liberty is one in which the true object of ambition is to make great principles most clear1 and not to use harsh expressions respecting the conduct or opinion of others4 ,it is as necessary that the man whom ,i would convince should be in a calm state of mind1 as that ,i should be in such a state myself4 ,exasperation paralyzes judgment4 ,the great points on which men and parties so vehemently differ1 can only be permanently settled at the tribunal of reason and conscience4 ,several laws were passed at the last session of ,congress1 on which ,i desired and designed to speak1 in the name and on behalf of my constituents4 ,but ,i was obliged to act upon them1 under the silence enforced by the previous question4 ,one of them1 in particular1 was so hostile to all the principles which history and reason had ever taught me1 and so wounding to all the sentiments which ,i had ever imbibed from benevolence and religion1 that ,i resolved to seize the first opportunity that should be offered to portray some of its features4 ,i refer to the ,fugitive ,slave act1 so called2 and ,i trust this will not be deemed an unfitting occasion to lay bare a portion of its enormities4 ,i will remark1 that ,i had prepared an amendment for the security of our free colored seamen in southern ports1 but was shut out from all chance of offering it4 ,it struck me that if new and oppressive measures were to be taken to carry back alleged slaves to bondage1 something should also be done to restore freemen to liberty4 ,while the south were seeking new guaranties for men who claim to own other men1 it was a time for the north to demand new guaranties for men who own themselves4 ,but all debate was suppressed2 property vanquished liberty2 and a pure pro-slavery law was enacted1 unadulterated by any alloy of freedom4 ,in regard to this ,fugitive ,slave act1 is it not astonishing that men should ever ask the question1 ,does the constitution demand the trial by jury8 instead of the question1 ,will the constitution allow it8 ,the first is the tyrant's question1 granting no more than he is compelled to give4 ,the last is the republican's question1 volunteering all that he can grant4 ,in a free government1 where the trial by jury is held to be the surest safeguard of personal liberty1 the inquiry ought never to be1 whether the constitution secures or necessitates this form of trial2 for it is enough1 if the constitution will permit or tolerate it4 ,instead of seeking evasions1 and close constructions1 and hunting among the musty precedents of darker times1 in order to shut out the jury trial in cases of personal liberty1 the true lover of freedom would ask only for an interpretation that would warrant it4 ,it would not be among his last thoughts2 he would not wait until a stern necessity forced such a construction upon him2 but his first desire and effort would be to find some legitimate reason for conferring it4 ,he would not ask1 in how few cases he must1 but in how many he might1 admit it4 ,yet this matter has been discussed1 and is still discussed1 on one side1 as though we were bound to avoid the jury trial if we could2 not as though we were bound to grant it1 if by fair interpretation we might4 ,it has been discussed as though the jury trial1 to protect a man's right to himself1 were an evil2 and as though the sudden seizure1 8summary0 adjudication1 and speedy consignment of a fellow-being to bondage1 were too precious a blessing to be put in jeopardy1 by submission to twelve good and lawful men4 ,not how much may we do for freedom1 but how much can we do for slavery1 has been the tacit assumption of the argument4 ,but ,i pass by this for graver objections4 ,the ,fugitive ,slave act purports to confer judicial power upon persons who are not judges4 ,it provides for the creation of scores and hundreds of officers called 8commissioners10 and upon these1 it is said on high authority1 to confer original and final jurisdiction on questions of human liberty4 ,the constitution declares in whom 8the judicial power of the ,united ,states shall be vested40 ,it shall be vested in 8one supreme court1 and in such inferior courts as ,congress may from time to time establish40 ,no commissioner1 nor any number of commissioners1 constitute one of these courts4 8,the judges1 both of the supreme and inferior courts1 shall hold their offices during good behavior40 ,a commissioner can be made and unmade on any day4 ,these judges are to 8receive for their services a compensation1 which shall not be diminished during their continuance in office40 ,the commissioners are compensated by chance fees1 and not by a fixed salary4 ,the ,president nominates and the ,senate confirms judges of the supreme and inferior courts4 ,commissioners are only the 8inferior officers0 who may be appointed by 8the courts of law40 ,i need not enforce the position1 that the power which this act purports to confer upon commissioners is judicial4 ,it has all the attributes of judicial power4 ,it is original1 final1 and exclusive4 ,they are 8to hear and determine40 ,the fourth section says they 8shall have concurrent jurisdiction with the judges of the circuit and district courts of the ,united ,states40 ,the attorney-general of the ,united ,states1 in a written opinion1 given by command of the ,president of the ,united ,states1 says as follows3 8,these officers1 the commissioners1 and each of them1 have judicial power1 and jurisdiction to hear1 examine1 and decide the case40 8,the certificate to be granted to the owner is to be regarded as the act and judgment of a judicial tribunal having competent jurisdiction40 8,congress has constituted a tribunal with exclusive jurisdiction to determine summarily1 and without appeal1 who are fugitives from service40 8,the judgment of the tribunal created by this act is conclusive upon all tribunals40 ,the power of a commissioner1 therefore1 is judicial in the highest sense1--in the sense of the constitution4 ,his decision cannot be reheard or rexamined by any judge1 or by any court1 of any state1 or of the ,united ,states4 ,in no other case can a commissioner perform any judicial act1 or issue any executive order1 whose validity may not be rexamined in the court for which he acts1 or in some other4 ,he cannot strike a blow1 nor fine a dollar1 nor punish by imprisonment for an hour4 ,by appeal1 by injunction1 by mandamus or certiorari1 the proceedings of inferior courts or magistrates can be reached1 and their legality or constitutionality tested4 ,but here a multitude of tribunals are established1 over whose proceedings1 not the supreme court of any state1 no1 not even the supreme court of the ,united ,states1 has supervision4 ,and what do these commissioners decide8 ,that a man has no right to himself2 that his body1 limbs1 faculties1 are the property of another2 that he owes service4 ,suppose the question were1 whether the respondent owed the claimant a dollar4 ,could the commissioner give judgment and issue execution for it8 ,certainly not4 ,but yet he is here authorized to decide questions infinitely more important than any amount of money4 ,he is to decide that a man owes life-long service from himself1 and from all the children of his loins4 ,but the surrender of an alleged fugitive from service has been compared with the surrender of a fugitive from justice2 and because the supreme executive of a state is required by the law of #agic to surrender fugitives from justice1 it is claimed that any commissioner may surrender fugitives from service1 without liability to question or rexamination by any human authority4 ,but there is a world-wide difference between the cases4 ,when the fugitive from justice is delivered up1 he is delivered into the custody of the law4 ,legal process must have been commenced against him in the state from which he fled4 ,he is returned1 that the proceedings thus commenced may be consummated4 ,he is never intrusted to private hands4 ,the shield of the law is continued over him4 ,after arrest1 he is merely transferred from the hands of the law in one state to the hands of the law in another state4 ,he is transferred1 not to evade trial1 but to have one4 ,but the alleged slave is delivered up1 not into the custody of the law1 where his rights might be adjudicated upon1 but into private hands2 not into the hands of a neutral or indifferent person1 but into the hands of a party interested to deprive him of all his rights2--if he be not a slave1 then into the hands of a man-stealer4 ,mr4 ,clay saw this1 and his plan provided that the alleged fugitive should be sent home to be tried4 ,but the south grew bolder and bolder1 until a law was passed1 by which one class of men have less security for their freedom than another class have for their cattle4 ,it is nugatory to say1 that when an alleged fugitive has reached his claimant's domicile1 he may there petition for freedom4 ,should he do so1 it would be an independent and original proceeding1 instituted under another government4 ,not only would the jurisdiction be different1 but the character of the litigants would be changed1--plaintiff for defendant1 and defendant for plaintiff4 ,the old case is not to be reheard1 but a new one tried4 ,indeed1 a very intelligent writer on this subject has queried whether the certificate of the commissioner may not be pleaded as an estoppel4 ,i say1 then1 that1 in effect1 the commissioner1 by this act1 has original1 final1 and exclusive jurisdiction of a 8case0 8in law10 8arising under the constitution and laws of the ,united ,states40 ,this is the very function of judges and courts4 ,this is the identical power which the constitution of the ,united ,states vests in judges who are to be nominated by the ,president1 confirmed by the ,senate1 to hold office during good behavior1 and to be compensated by fixed salaries4 ,again1 the act consigns a man to bondage1 without crime1 on evidence which he has had no opportunity to controvert4 ,the claimant must prove three facts before the commissioner1--#ast1 ,that the person named in the warrant owes the claimant service2 #b;d1 ,that he has escaped2 #c;d1 ,identity4 ,now1 according to the act1 the first two points1--the facts of owing service and of escaping1--may be proved behind the respondent's back4 ,this proof may be procured against the alleged fugitive without any notice to him1 actual or constructive2 without the possibility of his encountering it1 or disproving it1 however false it may be4 ,if this be not depriving a person of his 8liberty0 8without due process of law10 what can be8 ,why not make the whole case provable behind the man's back1--in another state1--a thousand miles off1--and spurn the forms of justice1 after having spurned its substance8 ,this binding of a man by evidence obtained without his knowledge1 is unknown to the common law1 and abhorrent to it4 ,it is never permitted1 not even to deprive the worst man of the humblest right4 ,our laws save the rights of all parties under disability4 ,who is under so great a disability as he who knows nothing1 and can know nothing1 of what is going on against him8 ,notwithstanding the constitution declares that 8full faith and credit shall be given in each state to the public acts1 records1 and judicial proceedings of every other state10 yet it has been held that a judgment obtained in another state1 without notice1 shall not prejudice the party against whom it was rendered4 ,such an act violates the first principles of justice4 ,all securities for the life1 liberty and property of us all1 are swept away if such principles can be established4 ,once more3 ,the act says the certificate 8shall be conclusive of the right of the person or persons in whose favor granted1 to remove such fugitive to the state or territory from which he escaped1 and shall prevent all molestation of such person or persons1 by any process issued by any court1 judge1 magistrate1 or any other person whomsoever40 ,according to this1 the certificate is a talisman which protects its holder against all law1 all evidence1 and all judicial power4 ,a kidnapper may seize a free man in ,boston1 buy evidence that he owes this mysterious debt of service1 obtain the requisite certificate against his victim1 and then neither the mother who bore him1 nor the elder brothers and sisters who grew up with him1 nor the neighbors who have known him from his cradle1 nor the minister who baptized him1 can testify that he is free2 nor can all the judges and courts in the commonwealth stop the man who is bearing away one of their fellow-citizens to a bondage worse than death1 to inquire into his title4 ,he is in a charmed circle that neither law nor justice can enter4 ,do you ask where is that old1 time-honored writ of habeas corpus1 for which martyrs have died and rivers of blood have flowed1 and which the constitution declares ,,shall ,,not be suspended 8unless when in cases of rebellion or invasion1 the public safety may require it08 ,the answer is1 that the writ of habeas corpus is nothing but a 8process issued0 by a court1 and the act declares that the holder of the certificate shall be exempt from all 8molestation10 8by any process issued by any court40 ,in one word1 the law contains a provision that its own constitutionality shall not be brought into question2 at least1 until its victim reaches the place of his bondage1 and is beyond the reach of rescuing hands4 ,now1 even if this act does not commit such gross infractions of the constitution that the courts will set it aside1 yet it would seem as though no sane man could help seeing that it wars upon all our ideas of justice2 that it repudiates and scorns all the great securities for freedom which wise and good men1 for centuries past1 have given their labors1 and their lives1 to establish2 and that it converts the vast machinery of the social state1 not into the means of protecting1 but of assailing1 the liberties of the citizen4 ,as to the appointment of commissioners1 it gives us none of the constitutional securities that improper men will not be invested with these high prerogatives against our dearest rights2 and as to the manner in which evidence may be procured1 it resembles the missives which the inquisition1 in olden times1 sent forth against heretics1 to seize without law1 to try without defence1 and to punish without mercy or hope4 ,it resembles the lettres de cachet1 which1 before the great revolution1 the despots of ,france gave1 in blank1 to villain courtiers1 and villain courtesans1 to be filled up with the names of those persons whose perdition they would compass4 ,there are other points in this bill whose enormity only needs to be stated to be seen and abhorred4 ,one of them is so unspeakably mean and contemptible1 that all northern men must feel the insult more keenly than the wrong4 ,it provides that if a commissioner will doom a man to bondage1 his fee shall be twice as much as though he restores him to liberty4 ,now1 every body knows that claimants will rarely1 if ever1 appear before commissioners without a prima facie case4 ,if there be no defence1 the proceedings will be brief4 ,but a case of discharge presupposes a defence and a trial4 ,a case of discharge1 therefore1 will probably occupy as much time as half a dozen cases of surrender4 ,yet for this greater labor1 the commissioner is to have but half price4 ,in assailing all we love of liberty1 could not the framers and supporters of this measure have forborne to wound us in all we feel of honor6 ,the cases are to be 8heard and determined10 as they were under ,robespierre1 8in a summary manner40 ,shakspeareenumerates the 8law's delay0 among the causes of suicide4 ,under this act1 real suicides will doubtless be occasioned by the law's despatch4#ae ,this 8summary manner0 contains the sum of wrong4 ,does not every lawyer and every client know that when an action is brought for the unfaithful execution of a contract1 in building a house or a ship1 or for the balance of an account1 or for flowing lands1 or for defamation or libel1 the defendant needs weeks and often months to make ready for his defence4 ,his witnesses may be in another state1 or abroad2 it may be necessary to examine ancient titles in registries of deeds or of wills1 to make surveys of premises1 or investigations into character and conduct4 ,it often happens that when process is first served upon a man1 he does not know the grounds of his own defence4 ,they may consist of facts which he has forgotten1 or of law of which he is ignorant4 ,our courts1 acting upon this well-known truth1 have established a rule that a party1 even after he has had fourteen days' notice1 shall be entitled to a continuance as a matter of right1 unless under special circumstances2 and he may always have it on cause shown4 ,i ask any defendant who was ever forced into court to resist a claim of any magnitude or difficulty1 whether he was ready to do so1 on the instant when process was served upon him8 ,yet this is what the respondent must do under the ,fugitive ,slave act4 ,on the #bfth day of last ,september1 ,james ,hamlet was peacefully pursuing a lawful occupation in ,water ,street1 ,new ,york1 and earning an honest support for his wife and children4 ,in three hours1 hand-cuffed1 in irons1 and surrounded by armed men1 he was on his way to the house of bondage4 ,no time was given him for procuring the aid of counsel4 ,he declared he was free1 that his mother was a free woman1 and he a free man4 ,but by another provision in the act1 it is declared that 8in no trial or hearing under this act1 shall the testimony of such alleged fugitive be admitted in evidence40 ,in all other cases1 within the broad compass of the common or statute law of ,great ,britain or of this country1 a party litigant may give evidence pertaining to the suit4 ,in some cases1 he may give evidence on the merits2 in all cases1 he may make affidavit on interlocutory matters4 ,a man who has been in the state prison1 a felon scarred with crime1 may still make affidavit1 in his own case1 under certain circumstances1 though he can testify neither for nor against any other person4 ,but an alleged fugitive can make oath to no fact1 and under no circumstances1 for delay or other cause4 ,it would conflict with that 8summary manner0 in which it is deemed expedient to dispose of human liberty4 ,look at this provision under the light of a few facts4 ,in the case of ,mahoney vs4 ,ashton1 7#d ,harris ,mc,henry's ,maryland ,reports17 the petitioner for freedom claimed that a maternal ancestor1 four generations back1 who had been brought over by ,lord ,baltimore1 in the early days of the colony1 was free2 and1 by an extraordinary chain of evidence1 he traced his descent from that free source4 ,it was a claim which any court in ,massachusetts would have sustained without hesitation4 ,now how much evidence of history1 of record1 of parol1 does the bare mention of such a case suggest8 ,who could have been prepared to try it in three hours2 ay1 as soon as he could be seized and hurried to a lawyer's office8 ,among the alleged fugitives in the 8,pearl cases10 so called1 which ,i assisted in trying in ,washington1 in the years #ahdh and '#di1 was the family of ,daniel ,bell1 consisting of his wife and eight or ten children4 ,the mother and children had been freed many years before by deed of manumission1 executed by their master in his last sickness1 and they had been reputed free ever afterwards4 ,soon after the grantor's death1 the device was started of proving him to be of 8unsound mind10 and thus reclaiming the family to bondage4 ,but the magistrate who prepared the deed1 witnessed its execution1 and took the acknowledgment1 declared that he stood ready to testify to the competency of the grantor1 and the validity of the instrument4 ,years passed away and he died4 ,immediately the heirs claimed the family as slaves2 and1 after the loss of the deceased magistrate's testimony1 proved the grantor of 8unsound mind10 and so set aside the deed and were adjudged owners of the chattels4 ,on the ground of newly-discovered evidence1 application for a new trial was made2 but the family becoming alarmed lest they should be secretly seized and sent to the south1 attempted to make their escape on board the 8,pearl10 on the night of the #aeth of ,april4 ,now1 suppose that they had succeeded1 and that1 after arriving in a free state1 they had been seized and carried before a commissioner1 to be tried in this 8summary manner10 without even waiting for a crier to open the court1 and debarred from making affidavit that1 in the city of ,washington1 there existed evidence of their freedom4 ,i will not waste words to point out the impossibility of their defence1 and the certainty of their doom6 ,he that hath ears to hear the cry of the oppressed1 let him hear6 ,a few days before the close of the last session of ,congress1 ,i was inquired of by a resident in ,washington1 as to the condition of a family held as slaves in that city4 ,i found they were free by the laws of the ,district1 but they did not know it4 ,sir1 throughout the ,southern ,states1 there are thousands and thousands of reputed slaves1 who1 legally1 and by the laws of those states1 too1 in which they are held1 are as free as the governor of ,massachusetts1 or the chief justice2 but1 in their enforced and brutish ignorance1 the victims do not know it2 and should they come to a free state1 and be there hunted1 and seized1 and carried before a commissioner1 they would be debarred from taking an oath as to facts which would furnish grounds for a continuance so that their right to freedom might be established4 ,but1 under such obstructions and embarrassments1 liberty could not be extinguished in a sufficiently 8summary manner40 ,according to the constitution of the ,united ,states1 all criminals1 from the least to the greatest1 are to be informed of the nature and cause of their accusation2 to be confronted with the witnesses against them2 to have compulsory process for obtaining witnesses in their favor2 and to have the assistance of counsel in their defence4 ,yet here1 always in the case of an innocent man1 oftentimes in the case of a free man1 there is to be no previous notice1 no process for obtaining witnesses1 and no provision for counsel2 and while the court is forbidden to allow delay1 without good cause shown1 the party whose liberty is at stake cannot make out that cause by his oath2 but1 with the full knowledge in his own breast that he is free1 he must stand dumb before the minister of the law that puts on his fetters4 ,i will not dwell at any length upon those portions of the act which affect marshals and deputy marshals4 ,if any man chooses not to hold office under such a law1 he can decline to accept it1 or resign it4 ,it is1 however1 clear proof of wicked legislation1 when humane and conscientious men cannot hold the offices it creates4 ,but the fifth section contains a provision which is atrocious4 ,it makes the marshal or his deputy liable for an escape1 whether made 8with or without his assent10--that is1 at all events4 ,though the alleged fugitive should disable him1 though the enemies of the country should capture him1 though the act of ,god should strike him down1 though an armed mob should commit a rescue1--yet he is still liable4 ,all civilized governments have statutes of limitations4 ,human welfare requires that claims which have long been voluntarily acquiesced in1 should not be revived4 ,hence our laws bar a right of action1 otherwise incontrovertible1 after that tacit abandonment of which the mere lapse of time is proof4 ,personal rights are most generally abandoned by a six years' neglect to enforce them4 ,even real estate may be held1 by twenty years' quiet possession1 without other title4 ,crimes partake of this exemption4 ,with the single exception of murder1 all crimes are barred in ,massachusetts by a six years' delay to prosecute4 ,but the ,fugitive ,slave act knows no mercy or compassion of this kind4 ,unrelentingly it fastens its clutch upon all cases4 ,while life lasts1 its fangs strike into the flesh4 ,the alleged slave may have been amongst us for fifty years2 he may have earned property1 be married1 and surrounded by children4 ,it is all the same4 ,the inexorable certificate of a commissioner remands him to bondage and despair4 ,the act not only remands him to bondage1 but1 under circumstances to which there will be few exceptions1 it orders that he be sent home at the public expense4 ,the constitution says1 he shall be 8delivered up40 ,there the obligation of that instrument ceases4 ,it is only the law that adds1 he shall be carried back4 ,you and ,i1 sir1 must help pay the costs of sending a fellow-being into bondage2 when we are under no more constitutional obligation to do so1 than to pay the expenses of a slave dealer who ships his cargoes direct from ,africa4 ,but the bill has become a law1 and the practical question now is1 how can the country be exculpated from the crime1 and the dishonor4 ,for myself1 ,i do not adopt the doctrine of forcible nullification4 ,i trust ,i shall never join a mob to resist a law1 until ,i am ready for revolution4 ,the only true and enduring remedy is repeal4 ,those who would forcibly resist the law1 lose half their motive and impulse for repeal2 for if we abolish it without repealing it1 it will be likely to remain upon the statute book an eternal monument of the nation's disgrace4 ,let effort never cease1 until the jury trial be obtained4 ,but this view of civil duty applies only to the citizen4 ,it does not touch the fugitive4 ,one liberty the slave always has1--whenever he deems it expedient1 he may re-clothe himself in the rights which ,god and nature gave him1 and which1 though they may be ravished from him1 can never be destroyed4 ,until repeal1 however1 there is one opening for hope4 ,if1 as is said by ,mr4 ,crittenden1 in the opinion already cited1 8,congress has constituted a tribunal with exclusive jurisdiction1 to determine summarily1 and without appeal20 and if1 as he further says1 8the judgment of every tribunal of exclusive jurisdiction1 where no appeal lies1 is of necessity conclusive upon every other tribunal1 ,,and ,,therefore ,,the ,,judgment ,,of ,,the ,,tribunal ,,created ,,by ,,this ,,act ,,is ,,conclusive ,,upon ,,all ,,tribunals20 then the whole case in all its bearings and relations1 its sources and its issues1 comes before the commissioner2 not even the supreme court of the ,united ,states can interfere with him2 and the first question for him to 8hear and determine0 is1 whether in truth there be any such law1 whether the whole disgraceful enactment be not unconstitutional and void2 and1 therefore1 whether his first and only duty be not to dismiss the proceedings1 and to 8let the captive go free40 ,i am not without hope that such will be the result2 and thus1 that many conscientious and law-abiding men will be relieved from the moral anxiety and conflict which now oppresses their minds4 ,very truly1 your obedient servant1 ,,horace ,,mann4 ,,footnotes3 #ae ,since writing the above1 ,i see that a man in ,new ,jersey was so overcome with fright at the rumor that slave-catchers were in town1 that paralysis and death speedily ensued4 ,,speech ,,delivered ,,at ,,dedham1 ,,november #f1 #ahej1 ,,by ,,special ,,request ,,of ,a ,,convention ,,of ,,whig ,,voters ,,of ,,the ,,eighth ,,congressional ,,district4 ,,gentlemen ,,and ,,fellow-,,citizens2 ,having been specially invited to appear before this meeting1 and address it1 my friend ,mr4 ,russell has introduced me to you with many kind words2 and he has emphatically announced me as 8your old friend40 ,by so doing1 gentlemen1 he has touched a living chord in my heart2 for1 as ,i look around me1 ,i see many familiar and dear faces1 and am reminded that1 in this town1 ,i spent some of the happiest years of my life4 ,the sight of every object around me awakens remembrances of home4 ,right opposite to us is the court house1 in whose forum my feeble voice was first raised1 and where1 ,i thank ,god1 it was never raised in behalf of the oppressor1 nor on the side of any cause which ,i believed to be wrong4 ,around this church in which we are assembled are the streets where ,i used to walk1 there is the pew where ,i used to sit1 and all around me are persons whom1 for years1 ,i saw daily and knew intimately1 and knew them only to respect4 ,i feel assured that ,i do meet 8old friends10--true men1 who carry their hearts in their hands1 and whose lives are anchored to their convictions of duty4 ,gentlemen1 it is not without embarrassment that ,i address you4 ,yet ,i might plead a high example for my course1 if ,i were worthy1 in any respect1 to mention myself in connection with my venerated predecessor1 who has made the past history of his country so luminous with his wisdom and purity1 and the name of this district which he represented so honored and memorable4 ,would to ,god ,i could carry you to some ,pisgah height1 and show you1 under one view1 the past1 the present1 and the future1 as he was wont to do1 when1 as was his custom1 he used to address you on those great topics which employed his energies1--on the principles by which you ought to be guided1 and on the dangers to which you were exposed4 ,we have fallen1 gentleman1 on momentous times4 ,great events have occurred1 in rapid succession1 both in this and in the other hemisphere4 ,there seems to have been a grand upheaving of the elements of society from its deep foundations4 ,we have been so often astonished and amazed1 by shock after shock1 and convulsion after convulsion1 that ,i fear we are beginning to lose our moral sensibility to political catastrophes1 however grand or fatal they may be4 ,you know there is a spot near the ,mississippi ,river famous for the frequency of its earthquakes4 ,a gentleman who visited there some years ago1 told me that soon after entering a hotel1 at a place called ,new ,madrid1 his attention was suddenly arrested by the rattling of the crockery1 the jarring of the household furniture1 and the shaking of the chair in which he sat4 ,starting up in trepidation1 he sprang for the door4 8,o10 said his landlord1 8don't be alarmed4 ,it is nothing but an earthquake40 ,these phenomena1 it seems1 had become so common as to have lost their power of exciting alarm4 ,so1 ,i fear1 it is in regard to the late commotions in ,europe2 and especially in regard to some of the marvellous doings of ,congress in our own country4 ,from their astounding character1 and their rapid succession1 ,i fear we are becoming insensible to their importance1 like the inhabitants who dwell at the base of ,mount ,etna1 whom neither the rumbling of the mountain1 nor the lava rivers which pour down its side1 can awake from their stupor1 until1 like ,pompeii or ,herculaneum1 they are buried in the ruins4 ,in the old world1 things seem already to be settling back into their former condition1 and hopes are darkening into fears4 ,in this country1 ,i still trust that we shall redeem something of the past1 and secure the future4 ,yet the events of the last few months are of a disheartening character1 if any thing could ever dishearten a true lover of his country4 ,it has been my fortune and duty to be in the midst of these events4 ,i have watched the tide of battle with sleepless eye2 and when ,liberty at last was stricken down1 my heart bled with hers4 ,i believe ,i understand1 gentlemen1 what you wish me to do on this occasion2 and therefore ,i shall endeavor to lay before you1 briefly but impartially1 the humble part which ,i1 as your representative1 have taken in those events which have filled the hearts of good men with alarm4 ,i would1 however1 premise a few words1 in order to show how we have come1 step by step1 to the fearful position we now occupy4 ,very early in our history1 as a republic established to maintain the rights of man1 an extent of territory was acquired equal to all we possessed before2 and this addition accrued to the special advantage of those who maintain1 as the first great article in their creed1 the wrongs of man4 ,the same ,european wars which enabled ,mr4 ,jefferson's administration to purchase ,louisiana with fifteen millions of dollars1--a sum mostly paid by the north1--brought the commercial interests of the north also within the destructive sweep of those contests1 and the non-intercourse act and the embargo were the consequence4 ,these came upon ,new ,england at a time when commerce was her only resource4 ,they brought as great a calamity upon the ,new ,england states as it would now be to the south if their whole cotton crop1 or to the west if their whole grain crop1 were to fail for a series of years4 ,they palsied our industry2 and1 without industry1 men1 any where out of ,paradise1 will be poor4 ,upon the back of this calamity came the war of #ahab1 which we bore as well as we could1 and performed our full share in carrying the country through it1 though it cut off our very means of living4 ,that war revealed a lamentable condition of things4 ,it revealed the fact that1 notwithstanding our political independence1 we were1 in a commercial sense1 most deplorably dependent4 ,it pointed to a new policy4 ,it put the country upon achieving its second independence1--its independence1 at least for the necessaries of life1 of foreign mechanics1 manufacturers1 and artisans1 as it had already achieved its political independence of foreign kings1 aristocracies1 and ecclesiastics4 ,it gave birth to the ,american system1 in which ,calhoun1 ,lowndes1 ,cheves1 and ,clay1--all from the slave states1--took the lead4 ,i mention the first three names1 particularly1 because they were from the state of ,south ,carolina4 ,so heartily did they enter into the new policy that they took their seats in ,congress clad in homespun4 ,they said they would exemplify their principles by their garments1 and wear them outside as well as inside of their bodies4 ,i am sorry their principles lasted but little longer than their clothes1--one suit worn out1 and all1 both without and within1 clean gone4 ,even ,mr4 ,madison boasted that his coat was woven in an ,american loom4 ,the south led off in this policy1 and ,new ,england1 whose capital had been wrecked on the ocean1 was reluctantly compelled to follow their lead4 ,this was the origin of the protective tariff1 the child of ,south ,carolina1 though1 at a later period1 adopted by ,massachusetts4 ,it was not1 however1 until #ahbd1 that ,new ,england1 and ,massachusetts particularly1 gave in her adhesion to the protective policy4 ,then our people engaged in manufactures4 ,the streams were dammed1 and the mighty powers of nature were set to spinning and weaving1 to dyeing and printing1 under the guidance of that genius which had been kindled and nurtured in our schoolhouses4 ,those establishments were founded which have produced so marvellous a change in our household condition1 surrounding all with so many comforts1 and filling our dwellings with so vast a variety of the refinements and luxuries of life4 ,those of you who have arrived at my age1 and are therefore acquainted with the condition of things throughout our country towns thirty years ago1 know that the change is almost magical4 ,though opposed in its inception by the cities and the merchants1 yet it has promoted their prosperity not less than that of the people4 ,in the year #ahbj1 a national question of a great moral character arose4 ,the south1 whose policy had before secured a territory as large as that of the original thirteen1 sought to extend slavery over its whole surface4 ,missouri applied to be admitted into the ,union as a slave state4 ,the morality and religion of the north thought the time had come to arrest the strides of slavery1 and they opposed the application4 ,earnest resistance was made4 ,the battle was obstinately fought2 but at last1 the north1 or rather enough recreants of the north yielded1 and the day was lost4 ,the south bought or bullied a sufficient number of the invertebrate creatures whom we send to ,congress1 and triumphed over us4 ,this was the first great surrender of principle on the part of the north1 and a fatal surrender it was4 ,we1 and humanity1 and all that is dearest to the heart and thoughts of man1 might have achieved the victory but for a few cases of foul treachery to the cause of freedom4 ,o1 that the retributions for that treason had been so terrible1 that the coward motive of fear1 if not the angel impulse of humanity1 might have deterred all men in after times from ever daring to repeat it4 ,the next great struggle was in #ahcc1 when nullification first reared its hideous head4 ,at that epoch1 the south1 and especially ,south ,carolina1 observing that our capital had been too deeply invested in manufactures to be withdrawn1 changed their policy1 and sought to reap a double harvest1--both of the manufacturing system they had introduced1 and of the free trade system they had abandoned4 ,she therefore set about to strangle that offspring of protection to which she had given birth4 ,even in ,virginia1 ,mr4 ,madison's coat had become an unconstitutional coat1 and the idea of ,american woollens so wrought upon ,mr4 ,john ,randolph's gentle affections1 that he said he would go a mile out of his way to kick a sheep4 ,the ,south ,carolina resistance was beginning to assume a military form4 ,then occurred a most admirable opportunity to test the strength of our government1--to learn and know whether the pillars of this ,union are made of granite or of pipe-stems4 ,we had a clear case of right4 ,in the chair of state was a man of ,roman will1 who would have rejoiced in the opportunity to see that the republic received no detriment4 ,he contemned the nonsense as much as he despised the fraud1 of the cry that the ,union was in danger4 ,if it was in any danger1 he would have saved it in such a way that it would not need saving again every twelvemonth4 ,but the chance was lost4 ,a compromise was brought forward1 by which ,south ,carolina consented to a sort of armed truce1 on her part1 provided the tariff1 though not given up1 should be tapered down almost to nothing4 ,though1 on many accounts1 ,i have a high respect for the author of that compromise1 yet ,i regard it as the most unfortunate act ever done1--the most fatal precedent ever set by this government4 ,it taught the south the efficacy of clamoring2 it taught them that there are cases where a ,bombastes ,furioso is as powerful as a ,julius ,csar2 and it taught them also1 notwithstanding all appearances of solidity and firmness1 of what a delicate nervous tissue a money-bag consists4 ,when that compromise law had had time to reach its legitimate issues1 you all know the result4 ,a whirlwind of bankruptcy swept over the land4 ,its ravages reached even the humblest portions of society4 ,the laborer suffered even more than the capitalist4 ,the latter suffered in his gains1 but the former in his bread4 ,all classes perceived the cause2 and they rallied1 almost as one man1 to that tremendous effort to change the policy of the country1 which resulted in the election to the presidency of ,general ,harrison4 ,though1 but a few days after his inauguration1 the reins of government fell from his lifeless hands1 yet the tariff of #ahdb was the consequence of his election4 ,this restored the drooping fortunes of ,new ,england4 ,then it was1 while we were immersed in our business and our money making1 that southern politicians addressed themselves to that great scheme of pro-slavery aggrandizement1--the annexation of ,texas4 ,you are all familiar with the details of this transaction1 and it is painful to revert to them4 ,the kid was seethed in its mother's milk4 ,northern ,democrats cast the votes which gave ,texas to the south1 and destroyed our own prosperity4 ,texas was admitted just in season to repeal1 by her votes in the ,senate1 the tariff of #ahdb1 by that of #ahdf4 ,this again put in jeopardy all our means embarked in manufactures4 ,would to ,heaven that nothing more dear than pecuniary interests had been sacrificed by that measure4 ,i do not blame the south for seeking an equilibrium with the north2 but they do not seek the true equilibrium4 ,if they would sustain themselves in a competition with us in economical affairs1 they must encourage labor and render it honorable4 ,they must1 all of them1 labor as we do1 in one way or another1 with the hand or with the head2 or1--which is the only true way1--with both together4 ,they must build schoolhouses to develop the minds of their children1 and churches to cultivate their morals4 ,if they would only do this1 and not attempt to carry every thing by slave-begotten votes1 and by adding new states to beget more slave votes1 they would soon surpass us2 for nature has done vastly more for them1 in soil and climate and in all the means of earthly prosperity1 than for us4 ,a superiority obtained in this way1 we1 as lovers of human happiness1 should not repine at1 but rejoice in4 ,the next struggle in which they engaged for political aggrandizement1 was the ,mexican war4 ,it could1 indeed1 hardly be called a struggle1--the north so readily and ignominiously yielded4 ,they wanted more territory4 ,texas1 already gravid with future slave states1 was not sufficient4 ,and though it was yet somewhat uncertain whether ,congress would not interdict the extension of slavery over that country1 even should they conquer it2 still1 as they had always triumphed in their contests with us1 they assumed the risk1 and trusted to their future prowess and skill to monopolize the plunder4 ,the territory was conquered2 and then1 perhaps1 the most important question arose which has ever come before this country since the ,declaration of ,independence4 ,the most momentous consequences were suspended on the decision of this question4 ,we had1 as it were1 a creative power put into our hands4 ,we had the shaping of the destinies of half a continent intrusted to our keeping4 ,our authority once exercised1 the act would be irrevocable1 and the doom of all that region would be fixed1 as by a decree of ,omnipotence4 ,when ,god gives to the world a generation of children1 and they are ruined through parental neglect1 he gives another generation1 that another trial may be made4 ,but if we once admit slavery into those immense regions1 comprising all the unsettled residue of this continent1 ,god will give us no new continent on which the error may be retrieved4 ,now1 on this great question1 what has been done8 ,i grieve to say that ,i fear the battle has been lost4 ,if not lost1 nothing can save it but a vigor and an energy on the part of the north1 such as they have not lately put forth4 ,so far as legislation is concerned1 the whole battle field is in possession of the enemy4 ,let me read a passage from one of the acts of the last session of ,congress1 which settles this fact4 ,by the law for creating the territorial government of ,new ,mexico1 it is expressly provided1-- 8,that when admitted as a state1 the said territory1 or any portion of the same1 shall be received into the ,union1 ,,with ,,or ,,without ,,slavery1 as their constitution may prescribe at the time of their admission40 ,the act providing a territorial government for ,utah contains a provision precisely similar4 ,in regard to ,texas1 we have gratuitously given her a right to form one more slave state than she was authorized to do by the resolution of annexation4 ,by the third article of the second section of that resolution1 ,texas was authorized to form new states1 not exceeding four1 of which those south of #cf #cj should be admitted1 with or without slavery1 as their people should elect1 while in the state or states1 7and there must1 therefore1 be at least one17 which should be formed north of #cf #cj1 there should be no slavery or involuntary servitude except for crime4 ,but by the act of the last session1 for establishing the boundary of ,texas1 though the ,united ,states buys up the claim of ,texas to all the territory north of #cf #cj1 yet it authorizes ,texas to form as many slave states out of the residue of her territory1 as she could have formed by the resolution of annexation1 both of slave and free4 ,this is manifest1 by the following provision3-- 8,provided1 that nothing herein contained shall be construed to impair or qualify any thing contained in the third article of the second section of the joint resolution for annexing ,texas to the ,united ,states1 approved ,march #a1 #ahde1 either as regards the number of states that may hereafter be formed out of the ,state of ,texas1 or otherwise40 ,here1 then1 instead of three states1 four are provided for1 with full consent that they shall all be slave states4 ,now1 ,i ask1 if this gift of a slave state is a trifle to be thrown in like the value of a small coin in the settlement of an account8 ,in some of the pro-slavery papers of the north1 which have professed to publish this act for the information of their readers1 ,i have observed that this clause has been left out6 ,they did not dare to trust their readers during the present political campaign with a knowledge of it4 ,i know it is said1 by here and there an individual1 that slavery cannot go into those territories4 ,but it is to be remembered that all the south1 almost as one man1 dissent from this proposition4 ,they say it can and shall2 and is not their opinion1 on such a subject1 of greater weight than that of any northern man8 ,they threaten to dissolve the ,union if slavery be prohibited from going there4 ,are they such lunatics as to dissolve the ,union1 because we assume to prohibit what nature has already made impossible8 ,slave states border on those territories1 and should there be any rush of emigration towards them1 as1 by the discovery of mines or other causes there may be1 a cloud of slaves would immediately overspread them4 ,if it be said that the local law of the territories prohibits slavery1 ,i reply1 so it did in ,texas4 ,slavery had been abolished throughout ,mexico1 of which ,texas was a province4 ,but though slavery was no longer legal there1 peonage was4 ,hence the southern planters1 at least some of them1 when about to remove to ,texas1 indented their own slaves to themselves1 as peons1 so that they might hold them by the ,mexican law of peonage1 until they should become strong enough to pass a law for slavery4 ,it will be no more difficult to introduce slavery into ,new ,mexico and ,utah than it was into ,texas4 ,i will not now go back to the questions which agitated the country and the ,whig party at the time when ,general ,taylor was nominated for the presidency4 ,whatever ,i may have thought of him1 and of the propriety of nominating him1 it is but justice to say that ,i now believe that he was a true man1 and an anti-slavery man4 ,he intended honestly to carry out the will of ,congress1 and execute the laws of his country1 regardless of slaveholding dictation4 ,he would have crushed the first movement for disunion2 or rather1 a knowledge of what he would do1 would have prevented any such movement4 ,with his own lips1 in his own house1 he told me that in case any state should attempt to nullify an act of ,congress1 he should immediately order a naval force to blockade its coast2 he would allow nothing to pass into1 or to come out of1 the rebellious state2 and in six months1 said he1 it would give up its resistance without the shedding of blood4 ,it was ,president ,taylor's plan1 as you well know1 to leave the adjustment of the slavery question to the territories themselves2 not that he was not prepared to have it settled by ,congress1 and a prohibition imposed1 but because he saw that while a prohibitory act might be passed by the ,house1 it would certainly be rejected by the ,senate4 ,he therefore threw himself forward to what he knew the condition of things must be1 after all the ineffectual attempts at legislation on the subject had been made2 and he adopted that future condition and result of things as his present plan of action4 ,should the northern members of the ,house prove true to their constituencies and their pledges1 they would never allow the territories to be organized without the proviso2 and the fear of such a prohibition would exclude slavery from the territories1 as certainly as the prohibition itself4 ,slaveholders would not venture to carry slaves into a country1 where1 at any moment an act of ,congress might emancipate them4 ,and if slavery could only be kept out of the territories while they remained territories1 it would1 of course1 be prohibited by the state itself1 when the condition of territorial pupilage should be succeeded by that of state independence4 ,a boy trained up to virtuous resolves until the day he is twenty-one1 will not adopt all the vices the day after4 ,the recent act has given ,texas more than fifty thousand square miles of free ,new ,mexican territory1 and the promise of ten millions of dollars in fourteen years1 with interest at five per cent4 up to that time2 which1 at compound interest1 makes a prospective grant of twenty millions of dollars4 ,this is done on pretence of discharging debts which she owed at the time of her annexation4 ,but those debts1 at the highest estimate1 do not exceed seven millions1 so that a clear gratuity is left to her of at least three millions in addition to the grant of another slave state4 ,the interest of these three millions will support her government1 and keep her supplied with the means of fighting the battles of slavery4 ,there is something most extraordinary in the claim of ,texas to the territory for which she has obtained so extravagant a price4 ,her title was not by conquest1 nor by purchase1 but by an act of her own legislature4 ,she claimed the territory merely because she had extended her legislation over it1 when she had no more right to legislate for it than for ,canada4 ,i have brought with me for your inspection1 if any of you desire to see them1 a series of maps which illustrate the growth of ,texas4 ,by ,humboldt's map1 of #ahjd1 ,texas contained #ga1geb square miles4 ,by ,tanner's map1 of #ahbf1 it contained #ajh1jig square miles4 ,by ,austin's map1 of #ahci1 it had grown to #agi1efg square miles4 ,the late claim of its legislature was the enormous quantity of #cbe1jjj square miles1 which the act of ,congress cuts down only to #bcg1cba6 ,by its own legislative assumptions it grew from #gj1jjj to #cbe1jjj square miles4 ,by good husbandry1 in this part of the country1 we are able to make greater crops grow on the same land1 but in ,texas they make the land itself grow4 ,i think ,humboldt himself would have been astonished at any such geological theory of the uprising of the earth as would enlarge an area of #gj1jjj square miles1 in an inland country1 into more than #cjj1jjj1 in less than fifty years4 ,but1 fellow-citizens1 slavery is already in the territories1 whether prohibited by ,god and nature1 or not6 ,the line of #cf #cj crosses the territory appropriated to the ,indians1 which is already full of slaves4 ,whenever the ,indian title is extinguished1 slavery will be found there in possession of the soil4 ,utah has slaves to-day1 and ,i was informed by a gentleman chosen as a delegate from that territory to ,congress1 that the ,mormon religion prescribes nothing on the subject4 ,i need not now dwell on another act of the last session1--the ,fugitive ,slave ,law1--because1 as yet1 ,i believe no voice in ,massachusetts has been raised in its defence or palliation4 ,it is an act which might turn all of us here1 at this moment1 into slave hunters2 which might break up this meeting at the present time1 should an officer1 clothed with the authority of the ,united ,states1 appear at that door and command us to chase an alleged fugitive1 perhaps a native-born freeman1 over the graves of our ,pilgrim fathers4 ,standing here1 then1 before you1 my constituents1 to give account of my stewardship1 ,i have to say1 that with voice and vote1 by expostulation and by remonstrance1 by all means in my power1 ,i have1 to the full extent of my ability1 resisted the passage of all these laws4 ,why have ,i done so8 ,because1 in the first place1 ,i felt myself a moral and accountable being2 and1 as such1 ,i could not do otherwise4 ,i have done so1 in the second place1 because ,i was your representative1 and believed myself to be acting in conformity with your wishes1 with the wishes of the ,whig party of ,massachusetts1 and of my constituents generally4 ,have ,i been mistaken8 ,a volley of noes4 ,to ascertain what were the wishes of the ,whig party1 and of those who put me in nomination1 ,i shall refer you to a series of the resolutions of conventions1 and of the declarations of the best accredited authorities of that party1 on this subject1 for years past4 ,the following are among the resolutions of the ,whig convention which assembled in this town1 ,march1 #ahdh1 to nominate a successor to the ,hon4 ,john ,quincy ,adams4 ,they were unanimously adopted3-- 8,resolved1 ,that the members of this convention1 met together for the purpose of nominating a candidate to supply the vacancy existing in the eighth congressional district1 mourn1 in common with the state and the nation1 the event which has deprived them of the services of that eminent son of ,massachusetts1 whose voice was ever raised in the cause of freedom1 whose vast and varied powers1 more than those of any other statesman of his time1 were devoted to the service of his country1 shedding light upon her institutions1 and leading her on in the path of duty1 prosperity1 and glory4 8,resolved1 ,that the loss of his services in the halls of ,congress1 at this time1 is the more deeply to be deplored1 when his great weight of character1 his influence1 his talents1 his wisdom1 his zeal1 and indomitable energy would have been so benignly felt upon the great questions of freedom and slavery1 which are to be discussed and settled for our newly-acquired domain1 stretching from the ,gulf of ,mexico to the ,pacific ,ocean4 8,resolved1 ,that it behooves us to unite upon a candidate to represent this district upon the floor of ,congress1 whose principles shall be in consonance with those of his predecessor1 whose fidelity to the great principles of human freedom shall be unwavering1 whose voice and vote shall on all occasions be exercised in extending and securing liberty to the human race40 ,in ,september1 #ahdh1 the ,whig state convention of ,massachusetts met at ,worcester1 when the following resolution1 among others1 reported by the ,hon4 ,joseph ,bell1 of ,boston1 since then president of the ,massachusetts ,senate1 was unanimously adopted3-- 8,resolved1 ,that being impressed with a profound sense of our responsibility1 as the representatives of the ,whigs of ,massachusetts1 that responsibility which attaches to our words1 acts1 and votes1--we cannot fail1 on this occasion1 as we have never failed on any other general assemblage of the ,whigs of ,massachusetts1 to record1 in the most solemn and deliberate manner1 our unqualified opposition to any extension of the institution of slavery into our territory1 or any acquisitions of territory1 for the purpose of such extension4 ,on this question1 the voice of the ,whigs of ,massachusetts has been unwavering and uniform1 and never has that voice spoken with higher eloquence and power than when our distinguished senator in ,congress1 speaking for himself1 and for the whole people of the commonwealth1 said1 #8,i consent to no further extension of the area of slavery in the ,united ,states1 or to the further increase of slavery representation in the ,house of ,representatives4'0 ,in ,september of the same year1 another ,whig convention assembled at this place1 to nominate a candidate for the ,thirty-first ,congress4 ,my views1 as recorded by my votes on all the questions of slavery1 and as expressed in my speech1 delivered on the #cjth of the preceding ,june1 were then before the people4 ,that convention1 among other resolutions1 passed the following1 by acclamation3-- 8,resolved1 ,that we cordially approve of the course of the ,hon4 ,horace ,mann1 and that his position in regard to free principles1 free labor1 and free speech1 sustained with such signal ability1 was but a satisfactory fulfilment of the expectations that we had when we nominated him to succeed the illustrious ,adams4 ,regarding the past as the best and only honorable pledge of the future1 this convention unanimously present his name to the people of this district for relection40 ,at the ,whig state convention1 held at ,springfield1 ,september #bith1 #ahdg1 ,mr4 ,webster said he would consent to no extension of slavery4 ,are not the laws which ,i have just read a consent8--full consent8 ,he claimed the ,wilmot proviso as his 8thunder10 and said it had been stolen from him4 ,whether stolen from him1 or not1 ,i do not decide4 ,he certainly seems to have lost possession of it2 for we now find him thundering on the other side2--yes1 from the high ,olympus to which the votes of ,massachusetts had elevated him1 he has hurled his bolts against the dearest interests of his benefactors4 ,but it is said we have registered these acts of pro-slavery legislation1 at the dictation of the south1 in order to save the ,union4 ,when ,governor ,davis was once asked to surrender the rights of humanity to save the ,union1 he retorted with the question1 8,how many times have we got to save the ,union80 ,if we yield to every threat of disunion1 we shall have to save the ,union whenever any factious and unprincipled member of it shall threaten resistance to the laws4 ,look at the present threat which has been made by ,texas4 ,what resources has she wherewith to oppose the general government8 ,she has no funds except a school fund of #cd1jjj1 which her governor1 in one of his late messages1 declared to be inviolably devoted to education4 ,to be sure1 since this cry of rebellion has been raised1 he has said that this fund1 which could be diverted for no useful purpose1 might be appropriated to the treasonable one of resistance4 ,but look at the amount of this fund1--#cd1jjj4 ,military men tell me it would not support a single regiment of mounted rangers more than a month2 and all the more settled parts of ,texas are at least one month's marching distance from ,santa ,fe1 which is the nearest point of attack4 ,there was never any thing more ridiculous than the threats of ,texas1 that she will take armed possession of the eastern side of the ,rio ,grande1 if it be not surrendered to her4 ,she cannot even protect herself against the ,indian tribes that roam through the regions lying between her and the people she threatens to subjugate4 ,will the disaffected states of the south help her by munitions1 money1 or men8 ,the only states on which she could place any reliance are ,mississippi and ,south ,carolina4 ,could a military force be organized1 and then marched nearly a thousand1 or nearly fifteen hundred miles1 across the country1 to uphold the ,texan banner on the borders of the ,rio ,grande8 ,were expeditions to be sent by sea1 could not the mouth of the ,mississippi1 the harbor of ,charleston1 and that gateway of the ,gulf of ,mexico1 which lies between the capes of ,florida and the ,west ,india ,islands2 ay1 the whole ,texan coast itself1 be blockaded and guarded1 so as to make a hostile irruption into ,new ,mexico impossible8 ,talk about ,texan resistance to the government of these ,united ,states1 my fellow-citizens2 it is so ridiculous that nothing can be conceived which is not less ridiculous1 and which would1 therefore1 by the very comparison1 relieve the supposition of a portion of its nonsense4 ,this surrendering to the threat of disunion1 is like the foolish mother who gave her boy a sugar-plum to stop swearing4 ,presently he belched out a stream of profanity2 and when the mother asked him why he did so1 he said1 8,i want more sugar-plums40 ,general ,taylor embraced the whole subject in a short sentence when he said he was more afraid of ,texan bonds than of ,texan bayonets4 ,their bonds have been ten thousand times more powerful than their bayonets in consummating this disastrous compromise4 ,but it is not only in conventions of the ,whig party that sentiments have been expressed wholly incompatible with the great surrenders we have made4 ,such sentiments have emanated from more authoritative sources4 ,they are the voice of our commonwealth1--the repeated voice1 reiterated again and again1 through a series of years4 ,let me select a few from among the many resolves of the ,massachusetts legislature1 covering the time1 and preceding the time1 that ,i have been in ,congress4 ,the following was passed in #ahdg3-- 8,resolved1 unanimously1 ,that the legislature of ,massachusetts views the existence of human slavery within the limits of the ,united ,states as a great calamity1 an immense moral and political evil1 which ought to be abolished1 as soon as that end can be properly and constitutionally attained1 and that its extension should be uniformly opposed by all good and patriotic men throughout the ,union40 ,again1 in #ahdi1 the legislature of ,massachusetts 8,resolved1 ,that when ,congress furnishes governments for the territories of ,california and ,new ,mexico1 it will be its duty to establish therein the fundamental principles of the ordinance of seventeen hundred and eighty-seven1 upon the subject of slavery1 to the end that the institution may be perpetually excluded therefrom beyond every chance and uncertainty40 ,and again1 during this present year1 and not six months ago1 the same general court passed the following resolve4 ,i might read from the printed volume of the 8,acts and ,resolves of #ahej20 but ,i choose to read from this official circular which ,i hold in my hand1 which is attested by the secretary of state1 and was sent to me at ,washington1 as to all the other members of ,congress from ,massachusetts1 so that we might be informed of the views of the state government1 as well as of our respective constituencies1 on this important subject3-- 8,resolved1 ,that the people of ,massachusetts earnestly insist upon the application by ,congress of the ordinance of #aghg1 with all possible sanctions and solemnities of law1 to the territorial possessions of the ,union in all parts of the continent1 and for all coming time4 8,resolved1 ,that the people of ,massachusetts1 in the maintenance of these their well known and invincible principles1 expect that all their officers and representatives will adhere to them at all times1 on all occasions1 and under all circumstances40 ,and yet1 in six months1 we are called upon to support these laws4 ,is this 8all coming time08 ,are these 8invincible principles0 of the ,massachusetts ,whig legislature to melt1 like wax1 when touched by the breath of party8 ,they notified me1 under their seal and sign-manual1 that they expected 8all their officers and representatives to adhere to them1 at all times1 on all occasions1 and under all circumstances40 ,and yet1 before six months have elapsed1 some of the very men who voted to give me such instructions1 or injunctions1 or whatever you please to call them1 having discarded their own solemn asseverations of principle1 now upbraid me because ,i1 too1 will not be recreant to them4 ,is this what you are to expect from men whom you have elected by your votes1 and to whom the momentous interests of millions1 and the honor of the country1 have been confided1 that their vows should be like those of perfidious lovers1 who swear 8eternal fidelity0--during the honey moon8 ,we cannot plead the excuse1 in regard to these resolves1 which a certain hearer of ,whitfield did1 for appearing unmoved at one of his pathetic discourses1 while all others were melted to tears4 ,when asked why he1 too1 did not weep1 he replied that 8he did not belong to that parish40 ,we do belong to this parish4 ,these are the 8acts and resolves0 of our own state1 fresh and unsullied from the mint4 ,we cannot deny their genuineness4 ,if we impute fraud any where1 it must be to the motives of those who passed them4 ,hear1 too1 what ,governor ,briggs says on this same subject1 in his last inaugural address3-- 8,entertaining no doubt of the constitutional power of ,congress to exclude slavery from its own territories1 and believing that such exclusion is demanded by the highest principles of morality and justice1 she never can consent to its extension over one foot of territory where it now is not4 ,if the other free states concur with her in this resolution1 the thing will be done1 and consequences left to themselves40 ,thus have the ,whig party in this state1 and its executive1 pledged themselves not to extend slavery 8one foot40 ,how many feet in the six hundred thousand square miles1 into which the legislation of the last ,congress permits slavery to enter8--which legislation the ,whig party is now called upon to indorse1--that is1 how many myriad pledges do they require us to break8 ,let me now quote from another high ,whig authority1--,general ,james ,wilson1 of ,new ,hampshire4 ,for many years1 probably no man has been considered a more authoritative expounder of ,whig sentiment4 ,he has been employed by the party1 or the organs of the party1 to traverse the country for the advocacy of ,whig principles1 and has been every where listened to with great acceptance4 ,in ,congress1 he spoke as follows3-- 8,i hold that ,congress is bound to take care of the territories1 and so execute the trust as will best promote the interests of those who may hereafter be entitled to the beneficial use4 ,as a member of this ,congress1 ,i feel that ,i sustain a part of that responsibility1 and it is my desire to acquit myself worthily in meeting it4 ,i desire so to acquit myself that my own conscience will not upbraid me1 and that when ,i shall pass away1 no reproach shall fall upon me1 or my children after me1 for my acts here upon this momentous question4 ,i have1 sir1 an only son1 now a little fellow1 whom some of this committee may have seen here4 ,think you that when ,i am gone1 and he shall grow up to manhood1 and shall come forward to act his part among the citizens of the country1 ,i will leave it to be cast in his teeth1 as a reproach1 that his father voted to send slavery into those territories8 ,no6 ,o1 no6 ,i look reverently up to the ,father of us all1 and fervently implore him to spare that child that reproach4 ,may ,god forbid it6 8,i have said that it is characteristic of the slave power to accomplish all of its political purposes in this government4 ,i must now say that the power and influence of slavery over the action of ,congress is impaired1 if not entirely gone4 ,what an infinite mistake6 ,i make this declaration1 not because ,i have any confidence in the politicians of the day4 ,no1 sir1 ,i have none whatever4 ,the politicians are just as ready now to betray their constituents as they ever have been4 ,i am sorry to say there is evidence enough of this4 ,my confidence is in the people4 ,they have taken the matter into their own hands2 they have brought themselves into order of battle and line1 without the word of command from any political leader4 ,here they stand1 with front rank1 and rear rank1 and rank of file-closers in position1 with bayonets at a charge4 ,they have spoken to their representatives in a voice of thunder1 and warned them against abandoning their interests4 ,they have bid them do it at their peril4 ,the constituents have challenged their representatives to betray their trusts1 and skulk and retreat upon them1 if they dared4 8,and1 sir1 the constituencies have spoken #8upon honor4' ,they are determined1 and will execute their purposes4 ,there was a time1 when1 if the slave power had any special work to be done1 and wanted a northern man to do it1 they hunted him up from ,new ,hampshire4 ,little1 unfortunate ,new ,hampshire was called upon to furnish the scavenger to do the dirty work4 ,that day1 thank ,god1 has gone by1 and it will not come again very soon4 ,wait a short year1 ,mr4 ,wilson1 and see who the ,hazael will be4 8,the north are not disposed to trespass or interfere with the rights of the south4 ,where slavery exists within the states1 the northern people claim no right to interfere with it by any political action of this government4 ,the people ask no action by ,congress on the subject of slavery within the states4 ,but gentleman need not ask me for my vote to extend the institution of slavery one single inch beyond its present boundaries4 ,did ,i say an inch1 ,mr4 ,chairman8 ,ay1 ,i would not extend it one sixteen-thousandth part of a hair's breadth4 ,i would not extend it1 because it would be doing an irretrievable wrong to my fellow-man2 because it would be doing irreparable wrong to those territories for which we are now to legislate2 because it would be doing violence to nature and to nature's ,god2 and because it would be a wicked and wanton betrayal of the trust confided to me by the free1 intelligent constituency which has done me the honor to send me here4 8,it shall not be in the power of any man to shake a menacing finger at me1 and look me in the face with a jibe of contempt1 and say to me1 in the insulting language of a former representative from ,virginia1 ,mr4 ,,randolph1 #8we have conquered you1 and we will conquer you again2 we have not conquered you by the black slaves of the south1 but by the white slaves of the north4' ,no1 sir1 that remark shall never apply to me4 ,gentlemen need not talk to me1 or attempt to frighten me1 by threats of dissolution of the ,union4 ,sir1 ,i do not permit myself to talk1 or even think of the dissolution of the ,union2 very few northern men do4 ,we all look upon such a thing as impossible4 ,but1 sir1 sir1 if the alternative should be presented to me of the extension of slavery1 or the dissolution of the ,union1 ,i would say1 rather than extend slavery1 let the ,union1 ay1 the ,universe itself be dissolved6 ,never1 never will ,i raise my hand or my voice to give a vote by which it can or may be extended4 ,as ,god is my judge1 ,i cannot1 ,i will not be moved from the purpose ,i have now announced40 ,and yet this same ,general ,wilson did vote for every one of these laws1 excepting1 perhaps1 the last1 which passed in the night1--fit darkness for so dark a deed1--and the next morning he was off for ,california4 ,how can such a man stop this side of ,botany ,bay8 ,now1 fellow-citizens1 did you want me to disgrace myself1 and you1 and human nature1 too1 by such an act of flagrant apostasy8 ,a crash of noes4 ,yet if these measures are adopted and sustained by the ,whig party1 and if those men who committed these nefarious deeds are justified and upheld by you1 then how are you less guilty than ,general ,wilson8#af ,let me quote a passage or two from a speech delivered by one of my colleagues in ,congress1 the ,hon4 ,george ,ashmun1 who has1 ,i believe1 usually been considered pretty good ,whig authority4 ,in a speech made by him on the #bgth of last ,march1 referring to the subjects of slavery in the territories and the recaption of alleged fugitive slaves1 he said1-- 8,but ,i am bound to say1 however1 if the south persist in uniting to demand the entrance of slavery into our free territories1 ,i1 for one1 must conform to what are1 at the same time1 the views of my constituents and the convictions of my own judgment2 and if ,i am driven to the alternative1 ,i shall not hesitate to vote for the proviso40--,app4 to ,cong4 ,globe1 #ast ,sess4 #cast ,congress1 p4 #dja4 8,while ,i desire to do every thing which may protect the rights of property which are guarantied to citizens of the slave states1 ,i cannot consent to sacrifice the rights of liberty which belong to the citizens of the free states4 ,to secure both these ends1 ,i see no other mode than to have those rights settled before legal tribunals1 by the verdicts of juries and the judgments of courts4444 ,when a colored man is seized in ,massachusetts upon a claim that he is the property of a citizen of a slave state1 and he claims to be a citizen of ,massachusetts1 and invokes the protection of the laws of ,massachusetts1 is it to be said he may be summarily sent away by the decree of any one magistrate without the privilege of vindicating his title to his citizenship before a jury of the country8 ,why1 sir1 it could not be done in the case of a horse escaped from one state to another1 and found in the possession of a citizen4 ,it could not be taken by strong hand1--by force4 ,the claimant must resort to process of law4 ,he must sue out his writ of replevin1 and the title of the defendant must be tried where he lives4 ,that defendant may be a negro2 and surely1 if without a trial by jury you may not take that which he claims to be his property1 you can hardly claim to seize the man himself1 and carry him away1 before his title to freedom has been tested by a tribunal1 as respectable1 at least1 and as safe1 as that which settles a title to his horse40--,ib4 p4 #cii4 ,and another of my colleagues1 ,mr4 ,,duncan1 even as late as the #gth of ,june last1 emphatically declared1 in the ,house of ,representatives1 as follows3-- 8,if territorial bills are presented for the government of ,new ,mexico and ,utah1 ,i shall vote for the exclusion of slavery from those territories4 ,let me fortify these citations by another from one of the acknowledged leaders of the ,whig party1--the ,hon4 ,rufus ,choate3-- 8,on all the great questions of the day1 but just slavery2 on executive power1 on internal improvement1 on the protection of labor1 on peace1 and the constitution1 we mean to remain the same party of ,whigs1 one and indivisible1 from ,maine to ,louisiana1--one vast incorporation of consentaneous feeling throughout the land2 and upon this question alone we always differ from the ,whigs of the south2 and on that one we propose simply to vote them down40#ag ,i will quote a passage also from a recent letter of the ,hon4 ,zeno ,scudder1 late a ,whig president of the ,massachusetts ,senate1 and now a candidate of the ,whig party for ,congress1 in ,district ,no4 #aj3-- 8,i was at the ,springfield convention when ,mr4 ,webster said1 #8,not another inch of slave territory2 no1 not one inch6' ,by the aid of his remarks on that occasion1 ,i was confirmed in the views which ,i had before entertained1 and have as yet seen no reason to change them4 8,in #ahdg1 ,i had the honor and pleasure of recording my #8yea' in favor of the resolves #8concerning the existence and extension of slavery within the jurisdiction of the ,united ,states1' and #8concerning the ,mexican war and the institution of slavery1' which passed the legislature of last year2 and had ,i been a member of that body at its last session1 ,i should have given my support to the resolve #8concerning slavery1' which was then passed4 8,when ,i recorded my #8yea1' and advocated the resolves of #ahdg1 ,i did not suppose them to be idle words1 written out to be bandied about and declaimed upon in ,massachusetts1 and be laid snugly away1 if ever ,i should depart the jurisdiction4 ,i supposed them to involve great principles of human freedom1 which were to be applied throughout the length and breadth of our country1 whenever and wherever the time and place might present legitimate opportunities therefor40 ,at the ,whig state convention held at ,springfield in #ahdg1 a resolution was submitted by ,dr4 ,palfrey1 8that the ,whigs of ,massachusetts will support no men for the offices of president and vice-president1 but such as are known by their acts1 or declared opinions1 to be opposed to the extension of slavery20 and ,mr4 ,william ,dwight1 then of ,springfield1 is reported to have said1 8,you cannot vote for a candidate not known to be opposed to slavery extension2 it would be guilt40 ,but1 fellow-citizens1 ,i might go on citing authorities of this kind until sunset2--nay1 until sunlight should come round again1 and still leave the greater part of my resources untouched4 ,i will refer you but to one more1--a resolution passed at the late ,whig state convention1 only a few days ago1 which was as follows3-- 8,resolved1 ,that ,massachusetts avows her unalterable determination to maintain all the principles and purposes she has in times past affirmed1 and reffirmed1 in relation to the extension of slavery2 and the measure of success which has attended her exertions is a new incentive to continue and persevere in all constitutional efforts1 till the great and good work shall be accomplished and perfected40 ,and now1 gentlemen1 let me ask you whether my action has been in accordance with these sentiments1 as expressed by the highest acts of the party and the most solemn resolutions of the state8 ,an acclamation of yeas4 ,here1 fellow-citizens1 ,i come to the test question3 ,did we1 as true ,whigs1 and as honorable men1 make all these declarations in sincerity1 meaning to stand by them to the end2 or was it done1 from time to time1 to beguile a portion of our fellow-citizens of their votes1 on the vile doctrine that 8all is fair in politics08 ,were we frank and in earnest1 or were we hollow and fraudulent8 ,i know very well what influences have been brought to bear upon us4 ,i know we are a people intent on thriving1 and on worldly prosperity4 ,every young man amongst us sets out in life determined to better his condition4 ,this1 to me1 is no cause of regret1 but of rejoicing4 ,if the spirit of thrift does not transgress the limits of honor and duty1 it is not only right but laudable4 ,the animal wants of man must be supplied before he will develop his intellectual or moral powers4 ,you may find individuals who will be virtuous amid want and privation1--heroes in virtue2--but a virtuous community in rags and hunger1 you will never find4 ,we must put society in a condition of physical comfort1 before it will rise to mental excellence4 ,i am an ardent advocate1 therefore1 of all measures tending to increase the wealth of the country2 but on this ever-present and everlasting condition1 that it is done without a sacrifice of principles4 ,any enlargement of business1 any increase of profits1 any augmentation of wealth1 gained by a community through a dereliction from principle1 is as insecure and as ignominious as the gains of an individual through fraud1 embezzlement1 or peculation4 ,for the purpose of rewarding our native labor1 therefore1 ,i am for a protective tariff4 ,perhaps some persons may be here present who dissent from this opinion2 but ,i came here to avow1 and not to conceal my sentiments and acts4 ,it has always seemed to me that we must protect our labor against foreign labor1 or our laborers at home will fall to the condition of the pauper laborers abroad4 ,in ,manchester in ,england1 and ,glasgow in ,scotland1 and many other manufacturing towns in ,great ,britain1 there are thousands of wretched1 degraded female operatives1 who earn scarcely a shilling a day4 ,after their day's work is done1 they visit the dram-shops1 roam the streets till midnight1 and if not invited away by vicious men1 they huddle by scores into filthy lodging-houses1 where they sleep1 men and women promiscuously1 till morning summons them back to their tasks4 ,now where labor is so scantily paid1 fabrics can be produced more cheaply2 and if these fabrics can be sent into this country1 free of duty1 they will undersell ours1 until the prices of our labor and the condition of our laborers are reduced to theirs4 ,nothing is left to protect our industry but the cheaper freight of the materials1 and that is too trifling a compensation to be of any account4 ,this is the whole philosophy of the matter1 and to me it has always seemed unassailable4 ,it has been thought and said that if we would yield to the south on the slavery question1 they would yield to us on the tariff question4 ,we have surrendered the slavery question4 ,have we got the tariff8 ,have we got any thing but disgrace in the eyes of the civilized world8 ,to me1 it seems that our chance for a tariff is greatly diminished4 ,for the majority which is necessary to enable us to pass a tariff law1 we must depend on our opponents4 ,by our yielding to the south1 their party discipline has been immensely strengthened1 and it is now more difficult than ever to obtain their votes for any measure conducive to northern interests4 ,besides1 they now say they will retain the tariff question as an open one1 in order to keep us on our good behavior4 ,what have those now to say for themselves1 who beguiled a portion of our people into the delusion1 that they might safely barter human rights for pecuniary advantages1 and have left to their dupes both the loss of the advantages1 and the disgrace of abandoning their principles6 ,but an appeal is made to us to ratify this surrender to the slave power1 because of our love for the ,union4 ,and is our love for the ,union always to be converted1 or rather perverted1 into a pro-slavery motive of action8 ,i join you all most cordially1 ,i join any one1 in avowing my regard for the ,union1 and my resolution to stand by it4 ,but the ,union ought to be so used as to extend1 and not to abridge human welfare4 ,if1 in order to maintain the ,union1 we must sacrifice all the great objects for which the ,union was formed1--the establishment of justice1 the promotion of the general welfare1 and the securing of the blessings of liberty to ourselves and our posterity1--then the ,union no longer represents a beneficent divinity but a foul ,dagon1 and is worthy to be broken in pieces4 ,a ,union which must be secured by such sacrifices as have been lately made in ,new ,york1 in behalf of the so called 8,union ,meeting10 abolishes the benefits it was designed to secure4 ,eight thousand signatures were obtained for calling that meeting2 but to procure them1 whole streets were scoured1 and men were threatened with the publication of their names1 and the consequent loss of southern custom1 if they refused to join in the call4 ,many were obliged to pay hush money to prevent exposure4 ,the ,new ,york idea is slavery and free trade4 ,here1 it is slavery and tariff4 ,both cities cannot get the price of their surrender of principle4 ,no1 fellow-citizens1 the more we yield to the demands of the south in order to save the ,union1 the more we may and must4 ,their longing eyes are already fixed on ,cuba4 ,there is more probability and more danger to-day that ,cuba will be annexed to this government within five years1 than there was of ,texan annexation five years before that event took place4 ,i lately said to a ,louisianian1 8,you will soon be for making a slave state of ,cuba40 8,no10 said he1 8we mean to make two of that40 ,gentlemen1 ,i have already occupied your attention too long4 ,but ,i am constrained to make a few brief remarks on a subject ,i would gladly avoid4 ,the occasion of your present meeting is known to all4 ,two years ago1 ,i was nominated by the ,whigs of this district as their candidate for the seat in ,congress which ,i now hold4 ,by the favor of my fellow-citizens of all parties1 ,i received more than eleven thousand out of about thirteen thousand votes cast at that election4 ,i felt assured at that time1 that ,i agreed in all essential articles of political faith with those who gave me their support1 otherwise ,i should not have accepted the office at their hands4 ,i have endeavored faithfully1 and according to the best of my ability1 to carry out the wishes which they then expressed1 and which they well knew that ,i held4 ,yet1 during the last week1 a ,whig convention1 7so called17 assembled in this place to nominate a candidate for the thirty-second ,congress2 and1 after some close voting1 they nominated as my successor1 the ,hon4 ,samuel ,h4 ,walley1--a gentleman1 ,i am happy to say1 towards whom ,i have always sustained relations of personal kindness4 ,in the language of the day1 that convention threw me overboard4 ,now it is known to my whole circle of private friends1 that1 as soon as ,congress passed these pro-slavery measures to which ,i have adverted1 my determination was formed not to be a candidate for relection4 ,i resolved to return to the people1 and labor at home instead of at ,washington1 in the cause of human freedom4 ,but it was soon given out1 in certain influential quarters1 that ,i should not be returned to ,congress again1 and that ,i should be stigmatized by a rejection4 ,unsurpassed efforts1 as you all know1 have been made to carry out this threat2 even the ,secretary of ,state of the ,united ,states has made it the occasion for a practical contradiction of all he had ever said against bringing the influence of the government to bear upon the freedom of elections2 and the proceedings of the last week's convention were the first instalment of the penalty which ,i am to suffer for defending human rights and unmasking their betrayers4 ,it is said that the convention of last week was a packed convention2 that it did not represent the wishes of the people4 ,decorum forbids me to make any such charge1 even though it were probably true4 ,in a few days1 this point will be settled by the sovereign of us all1 at the ballot-box4#ah ,but two or three points1 to which ,i wish to call your attention1 are contained in the address put forth by the meeting ,i have referred to4 ,let me premise1 however1 that ,i take no exception to the fact that my acts and opinions should be made the subject of examination and criticism by any body of men1 or by any man4 ,it is better that animadversion should be wrong than that it should not be free4 ,like ,aristides1 ,i would write the vote that should banish me1 rather than to fetter or control the voter's will4 ,and now1 having laid down these principles in favor of free speech for others1 ,i proceed to exemplify them for myself4 ,the first charge preferred against me1 in the address1 is1 that ,i said1 in a letter dated on the #c;d of ,may last1 and addressed to a portion of my constituents1#ai that ,i 8sympathized on different points with different parties1 but was exclusively bound to none40 ,upon this1 the address remarks1 8,if we understand his meaning1 it is 444 that he cannot be our champion and defend our cause1 as our true representative should1 whenever and wherever called upon40 ,no1 ,i reply to this1 ,i will not promise beforehand to be any man's 8champion10 nor to defend any man's 8cause10 8whenever and wherever called upon40 ,this would be to proffer championship and allegiance to men and measures whether they were right or wrong4 ,if any man offers to vote for me on such conditions1 ,i deny him my assistance and disdain his support4 ,perhaps ,i do not know what ,i was made for2 but one thing ,i certainly never was made for1 and that is1 to put principles on and off1 at the dictation of a party1 as a lackey changes his livery at his master's command4 ,another remark in the address is1 that the compromise measures1 so called1 excepting the fugitive slave law1 were 8wise1 and that they gave to the free states all they could reasonably ask40 ,what a stultification1 my friends1 is this1 of ourselves1 of our party1 and of every department of our state government1 for the last ten years4 ,what have you been doing1 but resolving1 contending1 and placing your words and deeds upon the historical records of the state and the nation1 against the identical measures now declared to be 8wise10 and all for which the free states 8could reasonably ask08 ,i leave this point with a single remark4 ,the address excepts the fugitive slave law from the measures it commends4 ,before another year is past1 will not that most execrable act in modern legislation be palliated or adopted by those who voted for this address8 ,a third objection to my position is1 that ,i regard the question of the extension of slavery into our territories as paramount to those questions of a pecuniary character1 on which we desire to obtain the favorable action of the government4 ,let this objection against me have its full force4 ,i admit it1 in all its length and breadth4 ,i do regard the question of human freedom for our wide-extended territories1 with all the public and private consequences dependent upon it1 both now and in all futurity1 as first1 foremost1 chiefest among all the questions that have been before the government1 or are likely to be before it4 ,when temporary and commercial interests are put in competition with the enduring and unspeakably precious interests of freedom for a whole race1 of liberty for a whole country1 and of obedience to the will of the ,creator1 my answer is1 8,seek ye first the kingdom of ,god and his righteousness1 and all these things shall be added unto you40 ,in an address delivered by ,mr4 ,choate1 in #ahdh1 he declared the slavery question to be of 8transcendent importance20 and for this sentiment he was universally applauded4 ,wherein does 8paramount importance0 so differ from 8transcendent importance10 that the one is to be applauded while the other is condemned8 ,let me call your attention to one other remark in the address1 and ,i will leave it4 ,it suggests that my course in ,congress on the slavery questions has been unacceptable to the south1 and that we ought to send a representative who will conciliate them and obtain their good will4 ,fellow-citizens1 do you suppose that any man can be true to the memory of the ,pilgrim fathers1 and to the love of liberty they bequeathed us1 and at the same time true to the spirit of the ,cavaliers1 and to the wishes of their slave-owning posterity8 ,eighteen hundred years ago1 it was said that no man can serve two masters2 but the cupidity of modern times proposes the solution of a problem which ,christ declared to be impossible4 ,my opinion is1 that the cause of all our present calamity1 and of the enduring dishonor of the late measures1 is this very desire to conciliate southern favor1 instead of giving a manful defence to northern rights4 ,finally1 fellow-citizens1 it is our fortune to live during a great historic crisis in the affairs of the world4 ,this is the age of the useful arts2 of discoveries and inventions1 which are filling with wealth the garners and the coffers of men4 ,it is the age of commerce1 of profit1 of finance4 ,one part of our nature is intensely stimulated4 ,let us beware of the effect of this stimulus upon that nobler portion of our being1 which no splendor of opulence nor profusion of luxuries can ever satisfy2 which demands allegiance to ,god1 and justice and humanity towards our fellow-men2 and which must have them1 or die the second death4 ,we may be poor2 but let us deprecate and forefend the most calamitous of all poverties1--a poverty of spirit4 ,we may be subjected to great sacrifices2 but let us sacrifice every thing else1 nay1 life itself1 before we sacrifice our principles4 ,i commend to you the language of the good ,bishop ,watson1 who1 when tempted to stifle the expression of his convictions through the hope of kingly patronage1 replied1 that it was 8,better to seek a fortuitous sustenance from the drippings of the most barren rock in ,switzerland1 with freedom for his friend1 than to batten as a slave at the most luxurious table of the greatest despot in the world40 ,,footnotes3 #af ,mr4 ,wilson has since been rewarded by the administration with a lucrative office in ,california4 #ag ,see1 also1 ante1 p4 #bef4 #ah ,the people settled the question by electing ,mr4 ,mann by a majority over all other candidates4--,publishers4 #ai ,see ante1 p4 #bcg4 ,,speech ,,delivered ,,in ,,the ,,house ,,of ,,representatives ,,of ,,the ,,united ,,states1 ,,in ,,committee ,,of ,,the ,,whole ,,on ,,the ,,state ,,of ,,the ,,union1 ,,february #bh1 #ahea1 ,,on ,,the ,,fugitive ,,slave ,,law4 ,,mr4 ,,chairman2 ,some time ago1 ,i prepared a few comments upon those prominent measures of the last session1 which have since arrested the attention of all the lovers of constitutional liberty1 and of moral and religious men1 throughout the civilized world4 ,i am unwilling to suffer the present session to close without expressing the reflections ,i have formed2 because ,i deem it but a reasonable desire that my opinions should be placed upon the records of the very ,congress to whose measures they refer4 ,does any one ask what benefit ,i anticipate from a discussion of this subject at the present moment8 ,i answer1 this benefit at least3 that of entering a solemn protest against a grievous wrong1 and of placing upon the tablets of my country's history1 what ,i believe to be the views of a vast majority of my constituents1 in common with the vast majority of the people of ,massachusetts4 ,some of those compromise measures are destined to be of great historic importance4 ,they will be drawn into precedent4 ,when1 in evil days1 further encroachments are meditated against human rights1 these old measures will be cited as a sanction for new aggressions2 and1 in my view1 they will always be found broad enough1 and bad enough1 to cover almost any nameable assault upon human liberty4 ,when bad men want authority for bad deeds1 they will only have to go back to the legislation of ,congress1 in #ahej1 to find an armory full of the weapons of injustice4 ,sir1 legislative precedents are formidable things4 ,if created without opposition1 and especially if acquiesced in without complaint1 they become still more formidable4 ,now1 if there were no other reasons for reviving this subject at the present session of ,congress1 this alone would be an ample justification1--it forefends the argument from acquiescence4 ,when several of these measures were passed1 and particularly when one of the most obnoxious and criminal of them all was passed1--,i mean the ,fugitive ,slave bill1--this ,house was not a deliberative body4 ,deliberation was silenced4 ,those who knew they could not meet our arguments1 choked their utterance4 ,the previous question1 which was originally devised to curb the abuse of too much debate1 was perverted to stop all debate4 ,the floor was assigned to a known friend of the bill1 who after a brief speech in palliation of its enormities1 moved the previous question2 and thus we were silenced by force1 instead of being overcome by argument4 ,for1 sir1 ,i aver1 without fear of contradiction1 that the bill never could have become a law1 had its opponents been allowed to debate it1 or to propose amendments to it4 ,for the honor of the country1 therefore1 at the present time1 and for the cause of truth hereafter1 it is important that the hideous features of that bill1 which were then masked1 should be now unmasked4 ,the arguments which ,i then desired and designed to offer against it1 ,i mean to offer now4 ,those arguments have lost nothing of their weight by this enforced delay1 and ,i have lost nothing of my right to present them4 ,mr4 ,chairman1 ,i feel none the less inclined to discuss this question1 because an order has gone forth that it shall not be discussed4 ,discussion has been denounced as agitation1 and then it has been dictatorially proclaimed that 8agitation must be put down40 ,sir1 humble as ,i am1 ,i submit to no such dictation1 come from what quarter or from what numbers it may4 ,if such a prohibition is intended to be laid upon me personally1 ,i repel it4 ,if intended to silence me as the representative of the convictions and feelings of my constituents1 ,i repel it all the more vehemently4 ,in this government1 it is not tolerable for any man1 however high1 or for any body of men1 however large1 to prescribe what subjects may be agitated1 and what may not be agitated4 ,such prescription is at best but a species of lynch law against free speech4 ,it is as hateful as any other form of that execrable code2 and ,i do but express the common sentiment of all generous minds1 when ,i say that for one1 ,i am all the more disposed to use my privilege of speech1 when imperious men1 and the sycophants of imperious men1 attempt to ban or constrain me4 ,in ,italy1 the pope decides what books may be read2 in ,austria1 the emperor decides what books may be written2 but we are more degraded than the subject of pontiff or ,csar1 if we are to be told what topics we may discuss4 ,if the subjects of a despotic government are bound to be jealous even of the poor privileges which they possess1 how sensitive1 how 8tremblingly alive all o'er0 ought we to be at these threatened encroachments upon freedom of speech and freedom of thought4 ,i think that those who say so much about recalling us to a sense of our constitutional obligations1 would do well to remember1 that the very first article of the amendments to the constitution secures the freedom of speech and the freedom of the press4 ,by the common consent of this country1 manifested in all forms for more than half a century1 the old alien and sedition law has been condemned4 ,has that law been condemned for fifty years in order to make our shame more conspicuous by its revival under circumstances of intolerable aggravation8 ,sir1 ,i hold treason against this government to be an enormous crime2 but great as it is1 ,i hold treason against free speech and free thought to be a crime incomparably greater4 ,if it be just and heroic to rebel against all arbitrary invasions of free thought and free expression1 then is it not proportionably base and dastardly to utter menaces1 or threaten social or political disabilities for the unconstrained exercise of these birthrights of freemen8 ,on the face of it1 it must be a bad cause which will not bear discussion4 ,truth seeks light instead of shunning it4 ,he convicts himself of wrong who refuses to hear the arguments of his opponent4 ,it was well said by ,montesquieu1 that 8the enjoyment of liberty1 and even its support and preservation1 consists in every man's being allowed to speak his thoughts and lay open his sentiments40 ,wherefore1 then1 in a country hitherto reputed to be free1 are we told that discussion must be stopped1 and agitation must be put down8 ,it seems as if1 when a freeman debases his soul by lending himself to the defence of slavery1 ,god punishes him on the spot by demoralizing his own nature with that spirit of tyranny which belongs to slavery4 ,wherein consists the advantage of a republican government over a despotism1 if the freedom of speech and of the press1 which can be strangled in the one by arbitrary command1 can be stifled in the other by obloquy and denunciation8 ,it is remarkable1 too1 that of all the 8agitators0 in the country1 there are none more violent than those who are agitating against agitation4 ,throughout the north1 that portion of the public press which volunteers its influence to extend the domain of slavery1 and to maintain it by extra-constitutional laws1 is constantly provoking the agitation it denounces4 ,what are these so-called ,union meetings in northern cities but an extensive apparatus of agitation1--a piece of machinery to manufacture and send abroad the very articles which its managers declare to be contraband8 ,through public assemblies1 through the public press1 and by correspondence designed for the public eye1 they are shaking the common air to keep it calm2 they are agonizing and in convulsions for repose2 they are vociferating to maintain silence4 ,in the most clamorous days of anti-slavery1 there never was half so much said and written against the institution as is now said and written for it4 ,sir1 is the right of agitation to be monopolized by those who denounce it8 ,is free speech to be only on one side2 and is it one of the offices of free speech to silence the sentiments it dislikes8 ,i think this is the second time in the history of this country1 that an attempt has been boldly and unblushingly made to stifle free discussion2 and ,i do not believe the fate of those who are now laboring to accomplish so nefarious a purpose will be historically more enviable than that of their prototypes1 who passed the far-famed law against seditious speeches and writings4 ,is it not extraordinary1 too1 that this interdict on discussion should be applied to a subject which touches the highest interests of man1 and calls into fervid action all the noblest faculties of his nature2 which1 more than any thing else1 tests the question whether a man is man8 ,we may discuss the question of bank or sub-treasury1 of tariff or free trade2 but the only subject too sacred to be approached1 is slavery and its aggrandizements4 ,this is a free country1 except when a man wishes to vindicate the claims of freedom4 ,all other parts of the temple may be entered1 but slavery is the ark of the covenant1 and whoso lays his profane hands thereon must perish4 ,sir1 how comes it to pass that an institution which even the enlightened heathen of old pronounced to be iniquitous1 and which eighteen added centuries of ,christian illumination have proved to be the sum of offences against ,god and man1 should now be protected1 not merely by constitutions and laws2 but that a general warfare should be waged against all those who would restrain it within its present limits1 and keep it from arming itself with new weapons of oppression8 ,how comes it to pass that this should be done1 not in the despotisms of ,austria and of ,russia1 but in republican ,america8 ,sir1 it is not to be done1 and cannot be done4 ,almighty ,god has so constituted the human soul1 that while wrong exists upon the face of the earth1 all the noblest impulses of that soul will war against it4 ,the order of nature will war against it4 8,the stars in their courses0 will war against it4 ,discussion1 or agitation1 if you so please to call it1 is one of the ,heaven-appointed means by which truth is to be spread until it covers the face of the earth1 as the waters cover the sea4 ,it was by discussion and by agitation1 in synagogue and in temple1 in distant cities and in different empires1 that ,christianity was carried from its cradle in ,jerusalem to the ends of the earth4 ,did not the disciples of ,jesus ,christ go 8agitating0 from city to city1 from ,palestine to ,greece1 and from ,greece to ,rome1 notwithstanding they were imprisoned and scourged1 flayed alive1 and burnt1 and persecuted as incendiaries and fanatics1 by scribe1 and ,pharisee1 and high priest8 ,the very accusation brought against the ,savior was1 8,he stirreth up the people1 teaching throughout all ,jewry1 beginning from ,galilee to this place40 ,the subject on which anti-slavery men now 8agitate0 is inferior only in importance to that on which ,christ and his disciples 8agitated40 ,nay1 the only cause why ,christianity has not prospered as it ought during the last eighteen centuries1 and why it has not already overspread the whole earth with its blessings1 is1 that ,,liberty has not been given it as a sphere to work in4 ,it is because ,,slavery has existed among men2 and ,christianity never will and never can pervade the earth until the barriers of slavery are first overthrown4 ,it was by discussion and agitation that the prevailing religion of this country1--the ,protestant religion1--broke through the double phalanx of civil and sacerdotal power1 and triumphed throughout the leading nations of ,europe1 under the indomitable energy of that old hero of ,wittemburg1 who did not heed nor fear that prince of the slave power1 the incarnate devil himself4 ,it was by discussion and agitation that the first glowing sparks of liberty in the bosom of the ,adamses1 of ,hancock1 and of ,franklin1 of ,thomas ,jefferson and of ,patrick ,henry1 were fanned into a flame that consumed the hosts of the tyrant1--that tyrant who sought to put down this dreadful agitation by means not a whit more reprehensible in his day1 than those by which certain leading men are striving to silence it now4 ,where was there ever written or published a more incendiary and fanatical document than the ,declaration of ,independence8--a torch to set the world on fire4 ,in the present century1 what but discussion and agitation1 through all the realms of ,great ,britain and in this country1 could have sufficed to extinguish the slave trade1--that foulest blot upon modern civilization8 ,no1 sir2 agitation is a part of the sublime order of nature4 ,in thunder1 it shakes the stagnant air1 which would otherwise breed pestilence4 ,in tempests1 it purifies the deep1 which would otherwise exhale miasma and death4 ,and in the immortal thoughts of duty1 of humanity1 and of liberty1 it so rouses the hearts of men that they think themselves inspired of ,god2 and not the mercenary clamor of the market-place1 nor the outcries of politicians1 clutching at the prizes of ambition1 can suppress the utterances which true men believe themselves ,heaven-commissioned to declare4 ,the ,president's message tells us that the compromise measures of the last session are 8,,final40 ,i take the liberty to say of that declaration in the message1 with all due respect to the high source from which it comes1 that ,i adopt the sentiment1 that those measures are final1 in one sense only4 ,their substance and object were1 in an extreme degree1 pro-slavery and anti-liberty4 ,they marked the passage of this government through another long stage in the gloomy highway of oppression4 ,they furnished another argument for those who despair of human nature2 and they supply the misanthrope with a plausible reason for hating mankind4 ,they affixed another stain upon the country1 and set in deeper shade the contrast between the theory of our government and its practice4 ,they belied still another time the gospel of love and human brotherhood4 ,once again they defied the vengeance of ,god1 who is no respecter of persons1 and who will bring the sinner to judgment4 ,if such measures are to be 8final10 in this sense only do ,i accept the proposition1--that they are to be the last of their kind2 that here1 at this point1 the career of this iniquity is to be stayed2 that here1 the confederated powers of ambition and of wealth1--of those who aspire to office and those who lust for gold1 have won their last victory4 ,in this sense only do ,i accept the ,president's declaration1 that the action of the last ,congress on this subject is to be deemed final2--that1 in all future conflicts1 the right shall not be trampled under foot1 but the victims of oppression shall triumph4 ,base as human nature often proves itself to be1 it sometimes manifests a divine resilience by which it springs with recuperative energy from its guilty fall4 ,i draw no augury of despair from the calamity that has befallen us4 ,it teaches whatever there is of virtue and of principle in mankind1 the task which has been set them to do1 and whose accomplishment ,god will require at their hands4 ,it has been said by the ,secretary of ,state1 in a late speech1 that if this subject be repened in ,congress1 the friends of freedom will be found in a 8lean and miserable minority40 ,what cares my conscience1 sir1 whether ,i am in a minority or a majority1 if ,i am right8 ,has any great and glorious cause ever been started upon earth1 that did not find itself1 at the outset1 in a minority8 ,did ,clarkson and ,wilberforce open their twenty years' contest with a majority8 or were not all the office-seekers and mammon-worshippers opposed to them8 ,did the resistance of the revolutionary patriots to the government of ,great ,britain start with a majority on its side8 ,did the ,pilgrim fathers resist conformity to ecclesiastical oppression because they were a majority of the people8 ,did the glorious band of reformers count on majorities1 when they defied the racks and the flames of ,rome8 ,what would now be our condition if the prophets and heroes of olden days1 if the warriors for truth and the martyrs of liberty1 all over the earth1 had yielded to so base an argument as this1 and had followed the multitude to do evil1 instead of battling for the truth1 though it were solitary and alone8 ,i can conceive of but one effect which such a sentiment must produce upon all noble and truth-loving men4 ,it is to make them labor for the right with a zeal commensurate with the infinite baseness of the appeal by which they are urged to abandon it4 ,but ,i come now1 ,mr4 ,chairman1 to the main topic of my remarks1 which is a consideration of the character of the ,fugitive ,slave law1 passed on the #ahth day of ,september last4 ,the objections most generally urged against this law are of two kinds3 #ast4 ,that it is unconstitutional2 and #b;d4 ,that1 even if the framers of the constitution did leave an unguarded opening1 through which such a law could be introduced without a breach in the structure of that instrument1 still1 that it is a cruel law1 that it discards all those principles of evidence and forms of proceeding which have been devised by the wisdom of ages for the protection of innocence against power1 and that in its whole scope and spirit it is in conflict with our fundamental ideas of human liberty4 ,it will be seen by this statement1 that ,i here accept the constitution according to its commonly-received interpretation4 ,there is a class of defenders of this law whom ,i wish to meet on their own ground4 ,i do not1 therefore1 object here to the constitution as they understand it1 but to the law4 ,however much a man may reverence the constitution1 though he may make it an idol and worship it1 yet ,i mean to show him that this law is an unholy thing in its presence4 ,i object1 then1 to the law as a departure from the constitution1--not a departure towards despotism merely1 but into despotism4 ,admitting1 what many deny1 that when the constitution speaks of 8persons held to service or labor10 it means slaves1 and admitting that it provides for their reclamation when it says they 8shall be delivered up on claim10 ,i still impeach the ,fugitive ,slave law for high crimes and misdemeanors against the spirit and the letter of that instrument4 ,on the question of the constitutionality of this law1 the legal minds of the country are divided4 ,it may not be easy to distribute opinions correctly1 on this point1 into their proper classes1 and to decide upon their relative preponderance4 ,if we include slave owners and those whose pecuniary interests connect them directly with slavery1 and especially if to those we add a strong party who1 from political associations and hopes1 have surrendered themselves to a pro-slavery policy1 probably the number1 if not the weight1 of opinion1 is in favor of the constitutionality of the law4 ,but if we gather the opinions of disinterested and unbiased men2 of those who have no money to make or office to hope for through the triumph of the law1 then ,i think the preponderance of opinion is decidedly the other way4 ,i know it has been said by one prominent individual1 that he has heard of no man1 whose opinion was worth regarding1 who denied the constitutionality of the law4 ,now1 as it is a fact universally known1 that gentlemen who have occupied and adorned the highest judicial stations in their respective states1 together with many of the ablest lawyers in the whole country1 have expressed opinions against the constitutionality of this law1 ,i have but one single word of reply to a declaration so arrogant and insolent as this4 ,that reply is1 that on a great moral and political1 as well as legal question1--a question that connects itself with ethics1 as well as with partisan politics1 and the success of old parties or the formation of new ones1--integrity is as necessary to the formation of a sound opinion as intelligence4 ,i think1 however1 that one further remark should in candor be made1 in regard to the difference of opinions held by honest men on this subject4 ,the constitutionality or unconstitutionality of the ,fugitive ,slave law is not a question to be determined solely by any single and simple provision of the fundamental law4 ,numerous clauses in the constitution have a bearing upon it4 ,it connects itself with contemporaneous history4 ,it presents a case where commentators and expounders must appeal to precedents and analogies1 and to general principles respecting the nature of government and the object of all law4 ,it is therefore a question of construction and interpretation4 ,and1 what is a more important consideration still1 it belongs emphatically to that class of cases where men1 who have been trained under one class of institutions1 and whose minds have been moulded and shaped by the universal prevalence of one set of opinions and one course of practice1 may honestly come to one conclusion1 while those who have grown up under adverse opinions and an adverse practice1--or rather1 into whose minds adverse opinions and adverse practices have grown1 until they have become a part of the very substance of those minds1--may honestly come to an opposite conclusion4 ,we know1 too1 that in addition to the powerful influences of education and training1 the general cast and structure of men's minds predispose them to take one side or the other of great political and religious questions4 ,natural biases operate like a law of gravitation to sway different minds in different directions4 ,when1 therefore1 a southern gentleman1 into whose perceptions and reasonings and moral sentiments1 the facts and the creed of slavery have been incorporating themselves ever since he was born1 tells me that he believes even such a law as this to be constitutional1 ,i can still concede the fulness of his integrity1 however strongly ,i may dissent from the soundness of his opinion4 ,it is a law that might be held constitutional by a bench of slaveholders1 while it would be held unconstitutional by all the inhabitants of a free land4 ,it is a law that might be held valid by the courts of ,austria1 while it would be held invalid by those of ,england4 ,it is a law which the judges of ,westminster ,hall might have held valid in the time of the ,stuarts1 which they might and probably would have held invalid in the eighteenth century2 and1 in the nineteenth century1 would certainly have reprobated and annulled4 ,my own opinion is1 in view of the great principles of civil liberty out of which the constitution grew1 and which it was designed to secure1 that this law cannot be fairly and legitimately supported on constitutional grounds4 ,i express this opinion because1 after having formed it with careful deliberation1 ,i am now bound to speak from it1 and to act from it4 ,i have read every argument1 and every article in defence of the law1 that ,i could find1 from whatever source emanating4 ,nay1 ,i have been more anxious to read the arguments made in its favor than the arguments against it2 and ,i think ,i have seen a sound legal answer to all the former4 ,as for any arrogant or supercilious dictum1 either that the law is constitutional or that it is not constitutional1 unaccompanied by any reason or any reference1 all reflecting men must regard it as sheer insolence1 come from what quarter it may4 ,even should the supreme court of the ,united ,states declare the law to be constitutional1 then1 though we must acknowledge their decision1 as to the point decided1 to be the law of the land1 until it is set aside1 yet1 without any disrespect to that tribunal1 we may still adhere to our former opinion4 ,we know how that court is constituted4 ,a majority of its members are from slaveholding states4 ,independent1 too1 of all other considerations1 they will feel a strong desire to maintain a former opinion1 which was also given when a majority of its judges were from the south4 ,we may1 therefore1 place our dissent on grounds which1 two years ago1 when the 8,clayton compromise10 so called1 was under discussion1 were so well stated by a distinguished senator from ,ohio1 ,mr4 ,,corwin1--grounds perfectly respectful on our part1 and not derogatory to the court4 ,he said1-- 8,it is a sad commentary upon the perfection of human reason1 that1 with but few exceptions1 gentlemen coming from a slave state 444 all eminent lawyers on this floor1 from that section of the country1 have agreed that you have no right to prohibit the introduction of slavery into ,oregon1 ,california1 and ,new ,mexico2 while1 on the other hand1 there is not a man1 with few exceptions1 7and some highly respectable17 in the free states1 learned and unlearned1 clerical or lay1 who has any pretensions to legal knowledge1 but believes in his conscience that you have a right to prohibit slavery4444 ,how is this8 ,can ,i have confidence in the supreme court of the ,united ,states1 when my confidence fails in senators around me here8 ,do ,i expect that the members of that body will be more careful than the senators from ,georgia and ,south ,carolina to form their opinions without any regard to selfish considerations80 ,besides1 the supreme court have already1 as ,i will show1 decided certain points in such a way that1 if they maintain the ,fugitive ,slave law1 they will be obliged to overrule those points2 and it is more creditable to them to suppose they will overrule their decision in ,prigg's case1 than to suppose they will overrule other decisions in other cases4 ,in the first place1 ,i believe the constitution not only authorizes but requires a trial by jury1 in the case of alleged fugitive slaves1 when claimed in free states4 ,the constitution declares1 8,the right of the people to be secure in their persons10 8against unreasonable0 8seizures1 shall not be violated2 and no warrant shall issue but upon probable cause1 supported by oath or affirmation1 and particularly describing0 8the persons or things to be seized40--,amend41 ,art4 ,,iv4 ,it also declares1 that1 8,in suits at common law1 where the value in controversy shall exceed twenty dollars1 the right of trial by jury shall be preserved40--,amend41 ,art4 ,,vii4 ,and it also says1 8,no person shall be deprived of life1 liberty1 or property1 without due process of law40 ,amend41 ,art4 ,v4 ,and it is most important to observe that these words1 8due process of law10 are held by all the authorities to include the trial by jury4--#c ,story's ,com4 #ffa2 #b ,inst4 #ej1 #ea2 #b ,kent's ,com4 #aj2 #a ,tucker's ,black4 ,app4 #cjd-e4 ,that there may be no doubt about the meaning and force of these words1 ,i quote the following passage from ,chancellor ,kent3-- 8,it may be received as a self-evident proposition1 universally understood and acknowledged throughout the country1 that no person can be taken or imprisoned1 or disseized from his freehold1 or liberties1 or estate1 or exiled1 or condemned1 or deprived of life1 liberty1 or property1 unless by the law of the land1 or the judgment of his peers4 ,the words1 #8by the law of the land1' as used by the ,magna ,charta1 in reference to this subject1 are understood to mean #8due process of law4' ,that is1 by indictment or presentment of good and lawful men40--#b ,com4 #ac4 ,now1 in most of the cases which will arise under the ,fugitive ,slave law1 there will be a 8seizure0 under a warrant2 and in all the cases1 the questions both of property and of liberty will necessarily be involved4 ,in every case1 the claimant will aver property in the respondent1 and will seek to deprive him of his liberty4 ,the respondent will deny the claim of property1 and will seek to retain his liberty4 ,now1 suppose a man to have lived in ,boston or ,new ,york for twenty years2 to have contracted marriage2 to have bought and sold2 to have hired himself out to others1 and to have hired others to serve him2 to have pleaded and been impleaded in the courts2 to have voted at elections1 and to be1 in all respects1 as free by the constitutions of ,massachusetts and ,new ,york as the governors of those states themselves2 and suppose further1 that this man is suddenly seized and taken before a commissioner1 is adjudged the property of another man like himself1 with no chance of revising the decision1 or of having a new trial1 is placed in duress1 and then transported by force1 and against his will1 to a distant state1 under a claim that he is a slave1 and an adjudication that such claim is true1--suppose all this1 ,i say1 and then answer me this simple question1 ,has1 or has not1 such a man been 8deprived of his liberty08 ,in other words1 does such a man retain his liberty8 ,as he is borne away by force1 and against prayers1 and tears1 and struggles1 does he remain free8 ,can a man be adjudged a slave2 held1 coerced1 beaten as a slave2 with all his powers and faculties of body and mind subdued and controlled as a slave's1 and yet possess or retain liberty8 ,if such a proceeding does not deprive a man of his freedom1 by what means can he be deprived of it8 ,what more1 or what other thing would you do to deprive him of it8 ,would binding him out to serve for life deprive him of it8 ,this declares that he owes service for life4 ,would imprisonment deprive him of it8 ,this imprisons him1 and makes the man his keeper who is interested to make that imprisonment perpetual in himself1 and descendible to his children1 and his children's children forever4 ,is not perpetual imprisonment of the nature and substance of punishment1--of the severest punishment8 ,the constitution has provided that 8cruel and unusual punishments shall not be inflicted10 even for the perpetration of the worst of crimes2 yet here is a case where the most cruel of punishments1 or of privations1 may be inflicted without even a charge of crime4 ,and the argument is1 that this form of punishment may constitutionally be inflicted1 because it was so inconceivably atrocious and diabolical that the constitution did not prohibit it1--because the constitution only prohibited 8cruel and unusual punishments0 for crimes1 and not for having a dark skin4 ,does any one say that a victim of this law has not been 8deprived0 of his liberty because he may sue for it1 and possibly recover it1 in the courts of the state to which he is carried8 ,i reply1 that it would be just as good an answer to say1 that he may possibly recover his liberty by escape1 or possibly his master may emancipate him1 or possibly a ,st4 ,domingo insurrection may break out1 or possibly the walls of his prison-house may be shaken down by an earthquake1 and he may go forth like ,paul and ,silas2 and therefore he is not deprived of his liberty by being enslaved4 ,neither of these events would have the slightest legal relation to the proceedings which did enslave him4 ,neither of them would be retroactive1 undoing or annulling the past4 ,enslavement and liberty being incompatible1 when he suffers the first1 though but for an hour1 he is deprived of the last4 ,the moment he should arrive within the limits of a slave state1 that moment he would be in the same condition as three million other fellow-bondmen2 and it would be just as rational to say that they have never been deprived of liberty as that he has not4 ,when our government made war upon ,algiers1 ransoming ,american captives from their horrible bondage and restoring them to their homes1 did it annihilate the prexisting fact that they had been enslaved8 ,did it enable or authorize the historian to say that they had never been deprived of their liberty8 ,had ,algiers been 8rennexed0 as one of the states of this ,union1 could she have said1 8,we have not broken the constitution because these men are free again08 ,i affirm1 then1 that when a man in ,massachusetts1 who by the constitution of ,massachusetts is free1 is adjudged to be a slave1 is transported as a slave1 and held as a slave1 in a southern state1 though it be but for a single day1 he is deprived of his liberty4 ,that very thing is done to him which the constitution says shall not be done but by a jury of his peers4 ,but a question of ,,property is involved as well as a question of liberty4 8,in suits at common law10 says the constitution1 8where the value in controversy shall exceed twenty dollars1 the right of trial by jury shall be preserved40 ,now1 sir1 in regard to this important clause in the fundamental law1 ,i propose to demonstrate the three following propositions3-- ,first2 the claim1 made before a competent magistrate1 for a 8person held to service or labor10 is1 in view of this constitutional provision1 a 8suit40 ,second2 it is a 8suit at common law40 ,third2 it is a suit at common law 8where the value in controversy exceeds twenty dollars40 ,as a law term1 the lexicographers define the word 8suit0 to mean 8an action or process for the recovery of a right or claim2 legal application to a court for justice2 prosecution of right before any tribunal2--as a civil suit1 a criminal suit1 a suit in chancery40 ,blackstone says1 8in ,england1 the several suits1 or remedial instruments of justice1 are distinguished into three heads1--actions1 personal1 real1 and mixed40 8,suit0 comes from 8secta10 and secta from sequor2 and the phrase 8to bring suit10 denoted anciently1 to bring secta1--followers1 or witnesses1 to prove the plaintiff's demand4 ,the scope of the word is now enlarged1 so that it embraces the written forms by which an action is instituted1 as well as the proof which sustains it4 ,we are not1 however1 confined to the authority of the dictionary4 ,the supreme court1 in the case of ,cohens vs4 ,virginia1 #f ,wheat4 #djg1 where this very word 8suit10 as it occurs in the constitution1 was the subject of consideration1 defined it as follows3-- 8,what is a suit8 ,we understand it to be the prosecution1 or pursuit1 of some claim1 demand1 or request4 ,in law language1 it is the prosecution of some demand1 in a court of justice4 #8,the remedy for every species of wrong is1' says ,judge ,blackstone1 #8the being put in possession of that right whereof the party injured is deprived4' ,the instruments whereby this remedy is obtained1 are a diversity of suits and actions1 which are defined by the ,mirror to be #8the lawful demand of one's right2' or1 as ,bracton and ,fleta express it1 in the words of ,justinian1 #8jus prosequendi in judicio quod alicui debetur1'--7the form of prosecuting in trial1 or judgment1 what is due to any one47 ,blackstone then proceeds to describe every species of remedy by suit2 and they are all cases where the party suing claims to obtain something to which it has a right4 8,to commence a suit1 is to demand something by the institution of process in a court of justice2 and to prosecute the suit1 is1 according to the common acceptation of language1 to continue that demand40 ,now let me take the different clauses of this definition1 and see if every one of them does not necessarily include the demand made by a slave claimant against the alleged slave4 8,we understand a suit10 say the court1 8to be the prosecution or pursuit of some claim1 demand1 or request40 ,here1 then1 according to the supreme court1 a suit is the prosecution of some claim2 and1 according to the very letter of the constitution1 the fugitive slave is to be delivered up1 on claim4 ,the slave1 then1 can be constitutionally and legally 8delivered up0 in no other way than 8on claim10 by 8suit40 ,again1 say the court3 8,in law language1 it a suit is the prosecution of some demand in a court of justice40 ,when legal process is instituted for the recovery of a slave1 is it not the prosecution of a demand8 ,and will any one be rash enough to say that a man ostensibly free1--free according to all legal presumption1--can be 8delivered0 over to bondage for life1 without the intervention of 8a court of justice08 ,to proceed with the opinion of the court3 8,the ,mirror defines a suit to be #8the lawful demand of one's right2' or1 as ,bracton and ,fleta express it1 in the words of ,justinian1 it is the form of prosecuting in trial1 or judgment1 what is due to any one40 ,here service is alleged to be due2 and the one who is said to owe that service is 8prosecuted by trial and judgment10 that he may render the service claimed4 8,to commence a suit is to demand something by the institution of process in a court of justice2 and to prosecute the suit is1 according to the common acceptation of language1 to continue that demand40 ,in the appeal to a court for the possession of an alleged fugitive1 is not something 8demanded08 ,and what is the warrant that is issued for his arrest but the 8institution of process08 ,if any one1 then1 will show that a 8claim0 for an alleged fugitive1 by process of law1 to be followed up by proof in support of the claim1 and to be consummated by judgment1 is not a 8suit10 he must show that it is not 8the prosecution or support of a claim20 he must show that it is not 8the prosecution of some demand in a court of justice20 he must show that it is not 8the lawful demand of one's right20 nor 8the form of prosecuting in trial or judgment20 and finally1 he must show that it is not 8to demand something by the institution of process in a court of justice10 and then 8to continue that demand0 until judgment is rendered for or against him4 ,but should the claimant of a fugitive slave show any one of these four things1 he would show himself the way out of court4 ,and this brings me to the second proposition1 namely1-- ,the claim for a person 8held to service or labor0 is1 in view of the constitution1 a 8suit at common law40 ,in a decision bearing directly on the right to a trial by jury1 the supreme court has defined the phrase 8suits at common law10 in special reference to its meaning in the seventh amendment to the constitution1 where the right to such trial1 8in suits at common law10 is secured4 ,these are their words3-- 8,it is well known that in civil causes1 in courts of equity and admiralty1 juries do not intervene2 and that courts of equity use the trial by jury only in extraordinary cases1 to inform the conscience of the court4 ,when1 therefore1 we find that the seventh amendment requires that the right of trial by jury shall be preserved in suits at common law1 the natural conclusion is1 that this distinction was present to the minds of the framers of the amendment4 ,by common law they meant1 what the constitution denominated in the third article1 #8law2' not merely suits1 which the common law recognized among its old and settled proceedings2 but suits1 in which legal rights were to be ascertained and determined1 in contradistinction to those in which equitable rights alone were recognized1 and equitable remedies were administered1 or in which1 as in the admiralty1 a mixture of public law1 and of maritime law and equity1 was often found in the same suit4 ,probably there were few1 if any states in the ,union1 in which some new legal remedies1 differing from the old common law forms1 were not in use2 but in which1 however1 the trial by jury intervened1 and the general regulations1 in other respects1 were according to the course of the common law4 ,proceedings in cases of partition1 and of foreign and domestic attachment1 might be cited1 as examples1 variously adopted and modified4 ,in a just sense1 the amendment1 then1 may well he construed to embrace all suits1 which are not of equity or admiralty jurisdiction1 ,,whatever ,,may ,,be ,,the ,,peculiar ,,form ,,which ,,they ,,may ,,assume ,,to ,,settle ,,legal ,,rights40--,parsons vs4 ,bedford1 #c ,peters's ,rep4 #def-eg4 ,here the court say1 that the term 8common law10 in the seventh amendment1 meant what the constitution denominated in the third article1 8law40 ,the word 8law0 which is here referred to1 as contained in the third article1 occurs in the following sentence3 8,the judicial power shall extend to all cases1 in law and equity1 arising under this constitution1 the laws of the ,united ,states10 c4 ,and the court declare that the constitutional right to a jury trial embraces 8not merely suits1 which the common law recognized among its old and settled proceedings1 but suits in which legal rights were to be ascertained and determined10 in contradistinction from equity and admiralty cases4 ,and in the last sentence of the decision quoted1 the court expressly say1 that the seventh amendment embraces 8all suits which are not of equity or admiralty jurisdiction1 ,,whatever ,,may ,,be ,,the ,,peculiar ,,form ,,which ,,they ,,may ,,assume ,,to ,,settle ,,legal ,,rights40 ,the court say 8,,all40 ,after excepting cases of equity and admiralty jurisdiction1 they declare that the phrase1 8suits at common law10 embraces all the rest4 ,they recognize no hybrid class1 not included under one or another of these heads4 ,now it has been proved above1 that a warrant for the arrest of an alleged fugitive1 together with the allegations and proofs under it1 constitute a 8suit40 ,and can any thing be more clear1 than that a proceeding which decides the issue1 whether a man 8owes0 or does not 8owe20 which decides the issue1 whether a man has 8escaped10 or has not 8escaped20 and which1 as the legal consequence of these decisions1 delivers one man into the custody of another as his slave1 or enlarges one man from the custody of another because he is not his slave1 is1 8whatever peculiar form it may assume10 a proceeding 8to settle a legal right10--one of the highest and most important legal rights that appertain to a man8 ,it is not1 in legal language1 a right 8of equity or admiralty jurisdiction10 but exclusively and purely a legal right1 and nothing else4 ,the court declare this to be so1 whatever peculiar form the process may assume4 ,but what gives peculiar pertinency and stringency to this decision of the court is1 that at common law there was an original writ1 called the writ de homine replegiando1--the writ of personal replevin1 or for replevying a man1 by which the question of property in a man might be determined4 ,it was a writ which the party could sue out of right2 one to be granted on motion1 without showing cause1 and which the court of chancery could not supersede4 ,in the very language of the supreme court1 it was a writ recognized by the common law1 and is to be found 8among its old and settled proceedings40 ,the form of it is contained in that great arsenal of common law writs1 the ,registrum ,brevium4 8,a man10 says ,comyn1 8may have a homine replegiando for a negro1 or for an ,indian brought by him into ,england and detained from him2 or it may be brought by an infant against his testamentary guardian2 or by a villein against his lord40--7,dig41 title ,imprisonment1 ,l4 #d47 ,if this writ could be brought 8for a negro10 or 8for an ,indian10 by a man who had introduced him into ,england1 and from whom he had been detained2 and if1 on the other hand1 it could be brought by the negro1 or by the ,indian to gain his freedom1 as was clearly the case1 then it follows that the question of a right to a man1 as well as that of human freedom1 was a question familiar to the ancient common law1 and for the trial of which a well-known process existed 8among its old and settled proceedings40 ,but this ancient writ1 de homine replegiando1 carries with it1 as every body knows1 the trial by jury1 as much as an action of assault and battery1 or of assumpsit on a promissory note4 ,i have always understood1 that before the revolution1 and before the framing of our constitution1 ,comyn's ,digest1 from which the above citation is made1 was a work of the highest authority4 ,it must have been well known to all the lawyers in the convention4 ,could they have intended that the mere fact of claiming a man as a slave1--which claim might be made against a freeman as well as against a slave1--should be sufficient to deprive him of this ancient muniment of the subject's liberty8 ,it seems impossible6 ,but we are not left to the broad and general assertion1 contained in the case of ,parsons vs4 ,bedford1 that the seventh article of amendment embraces 8all suits0 not of equity or admiralty jurisdiction1 whatever the peculiar form which they may assume to settle legal rights4 ,authority exists still more pointed and direct4 ,in ,baker vs4 ,riddle1 ,mr4 ,justice ,baldwin1 one of the judges of the supreme court of the ,united ,states1 held that it was not in the power of ,congress to take away the right of trial by jury1 as secured by the seventh amendment2 neither1-- 8#a4 ,by an organization of the courts in such a manner as not to secure it to suitors2 nor1 8#b4 ,by authorizing the courts to exercise1 or their assumption of1 equity or admiralty jurisdiction over cases at law40 8,this amendment10 says he1 8preserves the right of jury trial against any infringement by any department of the government40--,baldwin's ,rep4 #djd4 ,now1 what are the tribunals created by the ,fugitive ,slave law but a new 8organization of the courts08 or rather1 the creation of new courts1 8in such a manner as not to secure1 the right of trial by jury1 to suitors80 ,by it1 ,congress creates tribunals unknown to the common law1 and purports to give them power over common law rights4 ,having now proved1 from the nature of the claim in controversy1--namely1 the claim of one man to the personal services and the liberty of another man1 and the counter claim of personal liberty and of self-ownership1--that the right in dispute between the claimant of an alleged fugitive1 and the person claimed1 is a common law right2 and that any legal process to determine this right1 8whatever form it may assume10 is a 8suit at common law10 it only remains1 under this head1 to establish my third point1 namely2 ,a claim to any person1 as one 8held to service or labor10 always and necessarily presumes that 8the value in controversy exceeds twenty dollars40 ,on this point1 direct authority may be found in the case of ,lee vs4 ,lee1 #h ,peters's ,rep4 #dd4 ,this was an appealed case1 where by law no appeal could be taken unless 8the value in controversy0 should be 8one thousand dollars or upwards40 ,it was objected that the appellants1--the petitioners for freedom1--were not worth a thousand dollars4 ,but the court said1-- 8,the matter in dispute1 in this case1 is the freedom of the petitioners4 ,the judgment of the court below is against their claim to freedom2 the matter in dispute is1 therefore1 to the plaintiffs in error1 the value of their freedom1 and this is not susceptible of a pecuniary valuation4 ,had the judgment been in favor of the petitioners1 and the writ of error brought by the party claiming to be the owner1 the value of the slaves as property would have been the matter in dispute1 and affidavits might be admitted to ascertain such value4 ,but affidavits estimating the value of freedom are entirely inadmissible1 and no doubt is entertained of the jurisdiction of the court40 ,suppose there are two claimants for the same alleged fugitive8 ,if his market value exceeds twenty dollars1 both of them have a clear right to the trial by jury4 ,and can it be that a man's right to his own freedom cannot be tried by a jury1 when1 if two men dispute about his value1 each may claim the jury trial1 and cannot be denied8 ,on the three points1 then1 #a4 ,what constitutes a common law or 8legal right20 #b4 ,what constitutes 8a suit at common law10 and #c4 ,what constitutes 8a value which exceeds twenty dollars10--namely2 the personal liberty of any human being1 though he be an infant just born1 or a drivelling idiot1 or he be stretched upon his death bed with only another hour to breathe1--,i trust ,i have made out a case which entitles a party to trial by jury under the constitution of the ,united ,states4 ,i might here rest the argument1 feeling that1 from authority and from reason1 from the old and time-honored principles of the common law1 as well as from those interpretations of the constitution which have been given by the supreme court1 my conclusions are impregnable4 ,but ,i proceed to notice some of the points taken on the other side2 and if ,i shall occasionally advert to positions that are obviously too shallow and fallacious for discussion1 it is only because ,i wish to omit nothing which any one may think of importance4 99 99 99 99 99 ,it is alleged that the whole force of the above argument1 otherwise conclusive1 is annulled1 because a slave is no party to the constitution1 is not under its protecting shield any more than a horse or an ox1 and therefore1 any provisions1 however strong1 securing the jury trial1 are inapplicable to him4 ,a slave1 it is said1 is not one of the 8people0 by whom and for whom the constitution was formed4 ,he is an outlaw1 and an outcast4 ,he has no inherent or inalienable rights as a man4 ,what he has1 he has ex gratia1 by the good will of those who own him1 body and soul1 and who are graciously pleased to forego some of their legal rights from generosity in themselves1 and not from justice to him4 ,now1 as it seems to me1 a most obvious principle confutes this argument utterly4 ,by the laws of the free states1 we know no such being as a slave4 ,our courts1 in their functions as state courts1 do not understand the meaning of the word slave4 ,to talk to them in that capacity about a slave or slavery1 is talking to them in an unknown tongue4 ,in the eye of the legislators of the free states1 and in the eye of the courts of the free states1 so far as their domestic polity is concerned1 there can be no such creature as a slave4 ,the constitution of every free state in this ,union must be first altered1 before any such being as a slave1 or any such condition as slavery1 can be recognized under them1 as state authorities4 ,so the constitution of the ,united ,states creates no slaves1 and can create none4 ,nor has it power to establish the condition of slavery any where4 ,and ,i hold further1 that if the government of the ,united ,states1 by escheat1 by purchase1 by execution against a debtor1 or in any other way1 should become possessed of a slave1 that moment he would be free4 ,the government of the ,united ,states can neither hold a slave1 nor make valid title to a slave by sale4 ,it is a government whose powers consist of the grants that have been made to it2 and nowhere1 by no competent party1 has any such grant ever been made4 ,the relation of the government of the ,united ,states to slavery consists in this1 and in this alone3 that when this government was created1 slavery existed in a portion of the states2 and by certain provisions in the constitution1 the existence of this slavery was recognized1 and certain rights and duties in relation to it were respectively acknowledged and assumed4 ,but the government of the ,united ,states has no more power to turn a freemen in a free state into a slave than it has to turn a slave in a slave state into a freeman4 ,the officers of the state government being sworn to support the constitution of the ,united ,states1 the governments of the free states are implicated indirectly in the matter of slavery1 as the government of the ,united ,states is directly1 and not otherwise4 ,both by the constitution of the ,united ,states1 then1 and by the constitutions of all the free states1 every man found within the limits of a free state is prima facie ,,free4 ,no matter what complexion he may wear1 or what language he may speak1 he is a free man ,,until some other civil condition is proved upon him1 or until he forfeits his freedom by crime4 ,every man1 therefore1 in any one of the free states of this ,union1 has a right to stand upon this legal presumption1 and to claim all the privileges and immunities that grow out of it until his presumed freedom is wrested from him by legal proof4 ,it is the most cruel of sophisms to say1 that because a man is claimed as a slave1 he is not under the protection of the constitution1 and then to prescribe a base mode of trial for him1 by which he can be proved the thing he is claimed for4 ,on the subject of freedom or slavery1 we of the free states know of but one class of men living among us4 ,that class is free4 ,there is no such class as slaves known to our laws4 ,nor is there any intermediate class1 who may be presumed to be slaves on account of their color1 or who may be proved to be slaves by less evidence1 or by an inferior kind of evidence1 because of color4 ,no axiom is more universal or indisputable1 than that the right to freedom in a free state1 and the right to be held and treated by the courts as a freeman1 has no relation to complexion4 ,if1 then1 these rights have no relation to complexion1 all white men may be arbitrarily presumed to be slaves1 and be deprived of the form of trial1 secured to them by the constitution1 just as well as any colored man can be4 ,the former may just as well be proved to be slaves1 on dangerous1 or on inferior1 or on insufficient evidence1 as the latter4 ,no2 the liberty to which every man1 of whatever color1 in a free state1 is prima facie entitled1 invests him with its protection1 and this investiture cannot be stripped from him but by the judgment of his peers or the law of the land1--which1 as we have before seen1 means trial by jury4 ,any other interpretation assumes this as a postulate1 namely1 that there is a higher or surer kind of trial applicable to freemen1 and a lower or inferior mode of proceeding applicable to slaves4 ,and the inhuman inference from this assumption is1 that any man against whom a ten-dollar commissioner may issue a warrant as a possible slave1 shall forthwith be subjected to the slave's mode of trial1 and be utterly deprived of the freeman's mode of trial2 or1 at the best1 that he shall be sent away a thousand miles1 into another jurisdiction1 there only to have the slave's mode of trial4 ,according to this form of proceeding1 the first thing which the commissioner says to his victim is1 8,being a slave1 you must be tried in a summary manner40 8,but ,i am not a slave10 asseverates the respondent1 8and ,i claim to be tried by my peers under the guaranties of the constitution40 8,you are no party to the constitution10 rejoins the commissioner1 8and1 therefore1 not entitled to its shelter4 ,the constitution was made by the people1 and for the people1 and you are not of them40 ,then says the victim1 8,if ,i could have the trial due to a freeman1 ,i could prove myself a freeman2 but under the form of trial awarded to a slave1 ,i may be adjudged a slave2 so that my fate is made to depend not upon my rights1 but upon your form of proceeding40 8,even if so10 retorts the mercenary minister of the law1 8it is but an imperfection incident to human institutions4 ,is not one man's property sometimes taken to pay another man's debts8 and is not one man sometimes executed for another man's murder8 ,why1 then1 should the courts of justice be arraigned1 if a freeman1 instead of a slave1 is sometimes consigned to bondage80 ,sir1 the unmistakable distinction lies here2 that if there be any difference between the kind or degree of proof applicable to a freeman and that applicable to a slave1 then1 in a free state1 you must first prove a man to be a slave by freeman's proof4 ,if cast on such proof1 then1 and not till then1 does he become the subject of slave proof4 ,any thing else under the form of justice is a mockery of justice4 ,no man will say that the 8claim0 imposes any disability upon the person claimed1 or takes away from him any rights4 ,a man who has a presumptive right to his liberty1 has a perfect right to all the means to prove it4 ,the 8claim0 imposes no obligation to deliver up1 but the proof under the claim2 and this proof in a case of 8life1 liberty1 or property10 is to be judged of by a jury4 ,the real question is1 who is to be delivered up1 a slave or a freeman8 ,if the person arrested is prejudged to be a slave1 then there is no need of a trial at all4 ,if he is prima facie a freeman1 then he is entitled to the most perfect mode of trial4 ,by the theory1 ,i believe1 of all the slave states but one1 every person of maternal ,african descent is presumed to be a slave4 ,as such1 his civil condition is fixed1 special tribunals are constituted to try him1 and he is subjected to rules of evidence unknown to the common law and never applied to freemen4 ,now it would be but the same kind of legal absurdity and preposterousness1 for the presumptive slave in a slave state1 to demand the form of trial1 the tribunal1 and the evidence1 which there appertain to a freeman1 as it is to subject the presumptive freeman in a free state1 to the form of trial1 the tribunal1 and the evidence1 which appertain to a slave4 ,the iniquity of the law is1 that it enables a perjured or fictitious slave owner1 on proofs most easily fabricated1 to seize any individual in a free state1 and to prejudge him to be a slave1 by the very form of trial which this law authorizes4 ,on the contrary1 nothing can be more clear1 than that the civil condition or status of every man found in a free state is that of a free man4 ,his living under a free constitution1 without any thing more1 invests him prima facie with this character4 ,until divested of this character1 he continues presumptively a free man4 ,while such1 he is entitled to every security which the constitution gives to a free man4 ,how then can he be subjected to a trial which reverses the whole law of presumption in favor of freedom1 and which presumes that he is a slave to begin with8 ,this is not only anticipating the judgment at the commencement of the proceedings1 but it is anticipating the worst judgment that can be passed2 and1 by anticipating1 procuring it2 as prophecies often procure their own fulfilment4 ,i put this case1 and ,i challenge an answer that shall refute or admit my conclusion3 ,if any one man in a free state can be seized and suddenly transported into bondage under this law1 then every other man also can be2 and there is not a single person left in any free state who has a right to a trial by jury to save him from slavery4 ,i am not now speaking of the special danger to each particular individual1 but of the principle that embraces us all4 ,under the most oppressive of tyrannies there are persons who are not in danger4 ,but under such a law as this1 who can tell what may happen to men arrested away from home1 to unprotected women1 and to helpless children8 ,do you say that a public sentiment and a public watchfulness exist1 which would protect the whites1 the female1 and the child8 ,i reply1 that we possess our right to protection under the constitution and laws1 and are not to be turned over to public sentiment or public watchfulness in order to enjoy it4 ,suppose an analogous law to be passed respecting debtor and creditor4 ,suppose a law to provide some new mode of proceeding by which the indebtedness of a defendant should be so far presumed as to subject him to an inferior kind of defence1 or to transfer his case to another kind of tribunal1 as from jurors to arbitrators1 to be selected by the plaintiff himself4 ,who is there1 though through all his life he had fulfilled the apostolic injunction to 8owe no man any thing10 that might not be cast in an action that would strip him of all his fortune8 ,the law punishes murder by death4 ,could it know with omniscient certainty1 beforehand1 who is a murderer1 it might take from him the trial by jury without offence to the eternal principles of justice4 ,it is because the law cannot know with infallible certainty1 beforehand1 who is a murderer1 that it provides the trial by jury to determine the question4 ,just so1 because human tribunals cannot know with certainty who is a slave and who is free1 the constitution gives the trial by jury1 before any man in a free state shall be deprived of his freedom4 ,and the argument1 that if a man be wrongfully consigned to bondage he may be afterwards restored to freedom1 is as audacious and as tyrannical as to say that an innocent man may be hanged and sent into another world as a felon1 because sometimes the dead have been restored to life4 ,it is no answer to this view of the case1 to say that all processes1 whether civil or criminal1 are initiated on the supposition that a pecuniary liability exists1 or that a wrong has been done4 ,every body knows that no presumption of this kind follows the plaintiff1 or the government1 into court4 ,when there1 in the presence of the law1 the plaintiff must establish his claim affirmatively4 ,the possible debtor is no longer a debtor4 ,so the government must prove the guilt of the man it has arraigned4 ,the possible criminal is no longer a criminal4 ,in the eye of the law1 he is as innocent as the unborn child4 ,when they claim the trial by jury1 neither plaintiff nor prosecutor can say1 ,you are not entitled to this form of trial1 because you are presumptively a debtor1 or presumptively an offender4 ,yet this is precisely1 and in totidem verbis1 what the pro-slavery argument says to the respondent when he is brought before the commissioner and put in peril of his freedom4 ,in both the cases supposed1 such a doctrine would take away a man's rights in the most odious manner1 by taking away the legitimate and constitutional means of defending them4 ,for the purpose of determining by suit or by prosecution whether a man is a debtor or is an offender1 a suit or a prosecution may be commenced against him1 but never for the purpose of raising a presumption that he is either the one or the other1 or to deprive him of any evidence to which an unindebted or an innocent man is entitled1 or to change the tribunal which is to try the question of indebtedness or of guilt4 ,if attachment on mesne process1 if even indictment by the grand inquest for the county1 does not deprive a man of his right to a trial by jury1 how can so great a natural wrong be constitutionally inflicted by the warrant of a commissioner8 ,the presumption that a colored man is a free man in the free states1 is just as strong as that a man of pure1 unmixed1 ,anglo-,saxon blood is a free man in the slave states2 and would they tolerate the doctrine for a moment that any perfectly pure-blooded white person could be transformed into a slave1 and as such sent from his own state into another1 under this law8 ,nay more2 would any slave claimant at the south be allowed to go into a slave state1 and seize upon a pretended fugitive whom another man might claim to own1 under such a process as is now sufficient1 in a free state1 to authorize the taking and carrying away of the same individual8 ,but to the argument1 that the constitution and the law of #ahej apply only to slaves1 and that because slaves are not parties to the constitution they are not under its protection1 and so not included in the provision for jury trial1 there is another answer perfectly fatal4 ,it is this3 the constitution does not enumerate the various classes of criminals who shall be entitled to trial by jury2 but with the exception of cases of impeachment1 and cases in the military and naval service1 it expressly declares as follows3 8,the trial of all crimes shall be by jury40 ,and also1 8,in all criminal prosecutions1 the accused shall enjoy the right to a speedy and public trial by an impartial jury10 c4 ,the right1 therefore1 is not made to depend upon the classes of persons on trial1 but upon the nature of the charge brought against them4 ,the constitution does not say that freemen shall be tried in one way and slaves in another2 but its language is1 8all crimes10 and 8all criminal prosecutions20 so that it embraces every person who is prosecuted1 whether free or slave1 citizen or foreigner1 ,jew or ,gentile4 ,if an ,englishman or a ,frenchman were to be tried here for murder1 how would the whole world deride the suggestion that he should not have a jury trial because he is a foreigner1--because he is not one of the 8people10 and so not a party to the constitution6 ,so the constitution does not say1 in suits between merchant and merchant1 or between landlord and tenant1 and so forth1 8the right of trial by jury shall be preserved20 but it says1 8,in suits at common law1 where the value in controversy shall exceed twenty dollars40 ,the right is not determined by the character of the litigants1 but by the nature of the action4 ,the constitution does not care who the parties are1--man1 woman1 bond or free1--it is all the same4 ,as soon as parties appear upon the record1 the right to trial by jury attaches4 ,the suit1 and not the civil condition of the litigants who instituted or who defend it1 tests and determines the jury question4 ,in the case of ,lee vs4 ,lee1 before cited1 the law allowed an appeal only in case the sum in controversy should amount to one thousand dollars4 ,the appellant was of ,african descent1 and therefore1 within that jurisdiction1 presumptively a slave2 not presumptively a freeman1 as every man is in a free state2 and1 if a slave1 then he could own no property2 for1 by the cruel law of slavery1 every master may rob his slave legally of all that he earns1 or finds1 or otherwise receives4 ,yet the supreme court sustained the appeal4 ,why was not so astute an exception as this then taken8--an exception which1 if they have a bar in ,pandemonium1 would have done honor to one of its counsellors4 ,why was it not said that a slave was no party to the law1 and therefore not entitled to its benefits8 ,no reason can be assigned why a slave is not as much under the protection of a constitution made for the 8people10 as under the protection of a law made for the 8people40 ,yet here1 even in the case of a presumptive slave1 a right was acknowledged1 which some freemen1 in free states1 deny to presumptive freemen4 ,i have here been combating the argument1 that because the ,fugitive ,slave law is aimed at slaves1 no freeman has any ground of complaint against it1 even though he should be converted into a chattel under it4 ,he must console himself under the doom of interminable bondage1 with the patriotic and pious reflection that he is only suffering1 as an exception1 to prove the general excellence of the law2 and he must leave this consolation also to his enslaved children4 ,for1 in his case1 it is said that eternal slavery is only one of those exceptions in the working of the law which proves the rule of its general excellence4 ,this argument ,i hold to be eminently sophistical and cruelly oppressive4 ,but if any one believes it to be a sound argument1 then ,i hold him to all fair deductions resulting from it1--of which the following is clearly one3-- ,on the same ground on which ,congress passes a law for escaped slaves1 let every free state pass a law for resident freemen4 ,the presumption in every free state being1 that all men within its borders are free1 let every such state give the trial by jury1 in all cases in which personal liberty is involved1 to every one who shall ask for it1 and who has not once had it in a litigation with the same party1 on the same subject-matter4 ,according to the argument ,i have been considering1 no slaveholder can complain of such a law2 for1 by its very terms1 it applies only to freemen4 ,the law of ,congress applying only to slaves1 and the supposed state law applying only to freemen1 there is no conflict between them4 ,and if1 by accident or mistake1 any real slave should take shelter under such a state law1 and should escape a life of horrible bondage1 it will be only one of those mistakes which may arise under the purest administration of justice4 ,it will answer quite as well as its counterpart case1 to stand as one of those exceptions in the working of a rule which prove its general excellence4 ,if the occasional subjection of a freeman instead of a slave1 to all the horrors of bondage1 constitutes no valid objection to the ,united ,states law1 then1 surely1 the occasional enfranchisement of a slave from a bondage that was always unjust and cruel1 should constitute no objection to the law of the free state4 ,if this ,fugitive ,slave law continues for a single year1 ,i hope every free state will pass a law inflicting condign punishment upon every man who directly or indirectly assists in sending any man into southern bondage1 unless he can prove before a jury that the man so sent was a slave4 ,so far1 ,i have considered the question1 whether a fair interpretation of the constitution does not secure the jury trial in every free state1 to an alleged fugitive1 and empower him to demand it as a matter of right4 ,but this is a strange question to discuss in a republican government4 ,the proper question is1 not whether the constitution expressly demands the jury trial1 but whether it will1 by any fair implication1 allow it4 ,the only point which a republican judge or citizen can1 with decency1 make on this subject is1 ,does the constitution forbid1 prohibit1 deny1 such trial8--for1 if it does not1 then the jury should be granted of course4 ,in a free country1 under a free government1 where the idea has become traditional1 where the doctrine has become a household doctrine1 that the trial by jury is the palladium of our civil and religious liberties1 is it not amazing that we should find men who seem eager to avoid this form of trial1 rather than zealous to grasp it8 ,it is the saddest of spectacles2 it argues the most mournful degeneracy1 to see the children at this early day1 from grovelling notions of ambition and of wealth1 abandoning those noble principles of freedom for which their fathers so lately shed their blood4 ,wherever the constitution allows the trial by jury1 in a matter of human liberty1 in ,heaven's name let us have it4 ,let ,russia and ,austria curtail and deny this privilege of freemen2 let the tyrant1 and the tyrant's minions among ourselves1 explore the musty records of darker times1 to find precedents against it2 let them strive1 by their shallow sophistries and plausibilities1 to gloss over this ravishing of liberty and life from beings created in the image of ,god2 but let every true republican1 whenever1 in the disposal of these momentous interests1 the constitution will1 by fair construction1 sanction it1 cling to the trial by jury1 as to the only plank that will save him1--ay1 the only one that will save the human race1--from being again ingulfed in the vortex of despotism4 ,the enemy of the trial by jury1 wherever human liberty is concerned1 is the enemy of human liberty and of the human race4 ,the friends of a repeal of this law1 then1 need not discuss the question whether the constitution does expressly confer the right of trial by jury upon the alleged fugitive1 for it is enough for them if the constitution does not take it away4 ,it is worthy of remark1 that in both of the bankrupt laws passed by the ,united ,states1 it was expressly provided1 that when the commissioners should declare any person to be a bankrupt1 he should have the right to a trial by jury to annul their decision4 ,thus1 when the law proposed1 not to appropriate a man's property1 but merely to enable his creditors to receive it in payment of their debts1 the jury trial was secured to him2 but here1 where the direct purpose is to strip a man of his liberty1 and of his property in himself1 the jury trial is denied4 ,this seems an appropriate place to consider the further irrelevant suggestion1 sometimes obtruded1 namely1 that an alleged fugitive is not deprived of a trial by jury1 because he may have it in the state to which he is carried4 ,here the pro-slavery advocate admits1 at least for argument's sake1 that the alleged fugitive has a right1 at some time1 and some where1 to the jury trial4 ,if so1 then there are numerous and powerful reasons why this trial should be had in the state in which he is found1 rather than in that to which he may be transported4 ,i will advert to a few of these reasons4 #a4 ,slaves are held to be personal property4 ,trover lies for their value where they have been unlawfully converted4 ,trespass is the remedy for an injury done to them4 ,according to the laws of all the slave states1 they are the subject of larceny4 ,suits to recover them1 or to recover damages for an injury done to them1 are personal actions2 and in personal actions it is required1 by all the precedents and all the analogies of the common law1 that the action should be tried in the jurisdiction where the writ is served4 ,by the common law1 personal actions are transitory4 ,they are to be brought where the defendant resides2 or1 at least1 where the property which is claimed lies4 ,in the case of an alleged slave1 both the defendant and the property are where he is found4 ,according to the usages and principles of the common law1 therefore1 the trial should be there4 #b4 ,before trial and judgment1 the parties are like any other parties before the court1 or they should be so4 ,the claimant stands upon the merits of his claim2 the respondent upon those of his defence4 ,it may be inconvenient for a ,texan claimant to prove his right to an alleged fugitive in ,massachusetts2 but it will be indefinitely more inconvenient for a citizen of ,massachusetts to prove his freedom in ,texas4 ,if the trial is in ,massachusetts1 and the plaintiff prevails1 he takes immediate possession of his slave1 and is invested at once with all the rights which the rigors of the slave law so abundantly give4 ,but if the trial is in ,texas1 whither the defendant has been forcibly exiled1 and there he prevails1 who is to reimburse or recompense him for his intermediate bondage2 for being dragged from his home2 torn from wife1 children1 and friends2 for being plunged1 perhaps for years1 into the hell of slavery itself1 with all the untold agonies of an apprehended slavery for life8 ,what ,judge ,story says respecting the right of all persons who are accused of crime to be tried by a 8jury of the state and district wherein the crime shall have been committed10 applies with full force to a trial for liberty4 8,the object of this clause10 says he1 8is to secure the party accused from being dragged to trial in some distant state1 away from his friends1 and witnesses1 and neighborhood40 8,besides this10 he continues1 8a trial in a distant state or territory might subject the party to the most oppressive expenses1 or perhaps even to the inability of procuring the proper witnesses to establish his innocence40 7#c ,com4 #fed47 ,for 8innocence0 read liberty1 and the argument in behalf of the alleged criminal becomes applicable to the alleged fugitive4 ,and why should the alleged fugitive be treated less mercifully than the alleged felon8 ,the law is unspeakably rigorous in the case of an alleged fugitive1 but softens into mercy over an alleged pirate or murderer4 ,if the trial1 then1 is where all the practice and principles of the common law indicate that it should be1 no great or irreparable injury is done2 no inconvenience even is suffered beyond that which is always suffered in enforcing a claim in a foreign and distant jurisdiction4 ,but if a freemen is carried away1 a grievous and intolerable wrong is done2 a wound is inflicted which mortal medicaments cannot heal1 nor the longest continued punishment of the malefactor ever expiate4 #c4 ,by transferring the trial to the place of the claimant's domicile1 an effective1 and1 as it seems to me1 a most iniquitous advantage is given him1 in regard to evidence1 while the respondent is subjected to cruel disabilities4 ,by the laws of all but one or two of the slave states1 persons of ,african descent1 whether slave or free1 are declared incompetent witnesses against white men4 ,the freeman1 then1 by being removed as a fugitive into a slave state1 may lose his evidence1 which1 under such circumstances1 is the loss of his liberty4 ,this violation1 therefore1 of the principles of the common law1 in regard to the place of trial1 is1 to him1 of the most momentous consequence4 ,it is not true1 then1 in any just sense1 that the trial by jury is still 8preserved0 to the alleged fugitive1 notwithstanding his removal to a slave state4 ,the common law trial1 as inclusive of the right to adduce common law evidence1 is not 8preserved40 #d4 ,but not only is the evidence different1 but1 in some of the slave states1 the law itself is different2 so that one man may carry another by force into a jurisdiction where the law will account him a slave1 when1 had he been tried where he was found1 the law would declare him free1--the facts in both cases being the same4 ,take the law of ,kentucky1 for instance1--and ,i refer to this state because its slave code is of a milder type than that of most of the ,southern ,states1 its dreadful rigors being mitigated by an infusion of more humanity4 ,by the laws of ,kentucky1 a master may carry a slave in transitu1 through a free state1 or he may allow his slave to go temporarily into a free state1 without a forfeiture of the legal right to hold him4 ,graham vs4 ,strader ,gorman1 #e ,ben4 ,munroe1 #agc1 7#ahdd27 ,davis vs4 ,tingle et al41 #h ,ben4 ,munroe1 #ede1 7#ahdh27 ,collins vs4 ,america1 #i ,ben4 ,munroe1 #efe1 7#ahdi27 ,bushe's ,reps4 vs4 ,white1 #c ,munroe1 #ajd2 ,rankin vs4 ,lydia1 #b ,a4 ,k4 ,marshall1 #dfh1 7#ahbj47 ,in ,massachusetts certainly1 and ,i suppose in most of the ,northern ,states1 all such cases would be decided in favor of the respondent4#bj ,now1 what greater outrage can be inflicted upon a man than to seize1 and bind1 and carry him into a foreign jurisdiction1 where not only is the evidence different1 by which his rights may be proved1 but where the law also is different1 by which his rights are to be adjudicated4 ,in ,holland1 the killing of a stork once was1 if it be not now1 punishable with death2 because this bird devours the animals that would otherwise bore through and undermine its ocean-barring dikes4 ,in a neighboring country1 the killing of a stork may not be merely blameless1 but praiseworthy4 ,what an atrocity it would be to seize a man in the latter country1 and carry him to ,holland to be tried and executed for doing an act which1 according to the law of the place where he had a right to be tried1 may have been not only innocent1 but laudable6 ,i leave you1 sir1 to make the application4 #e4 ,but what must shock every man who possesses any just appreciation of the value of human liberty1 or has any just perception of the principles on which it is founded1 is1 that under the ,fugitive ,slave law1 the plaintiff gets possession and control not only of the chattel or article of property claimed1 but of the defendant himself4 ,he gets command1 not only of the thing in litigation1 but of the body and soul of the litigant4 ,a ,boston or ,new ,york merchant would consider it a grievous hardship1 if a southern adventurer could go there and seize upon all his property1 transport it to ,mobile1 or ,new ,orleans1 and compel the owner to follow it and try title to it1 in the place of the captor's domicile4 ,still more grievous would the hardship become1 if1 under the new jurisdiction1 the defendant might be deprived of the evidence which1 at home1 would be decisive of his rights1 or find himself controlled by adverse laws which he never had helped to frame4 ,but what an extreme of barbarous tyranny would it be1 if1 beyond all these enormities1 the southern plaintiff could seize him too1--the defendant himself1--the alleged debtor1--and grasp him in his own iron hand1 obtaining supreme control over his body by force1 and over his mind by fear2 could command his powers of locomotion1 so that he could go only where the will of his master would permit2 could control his speech and his vision1 so that he could consult with no counsel1 and could see no friend but such as were in his master's pay2 and1 to enforce his authority1 could imprison him1 and starve him1 and scourge him1 and mutilate him1 if he but so much as uttered a whisper that he had a right to have a trial by his country1 or opened his lips in prayer to ,god to break the fetters of his iniquitous bondage6 ,to tamper with the witnesses of the adverse party1 or endeavor to suborn his counsel to violate their duty to their client1 is not only an act of the grossest baseness1 but would subject the offender to penal retribution4 ,yet what need would there ever be of corrupting witnesses or suborning counsel1 if a party could get bodily possession and absolute control of his antagonist himself8 ,does not every one see that1 in ninety-nine cases in a hundred1 a control over the defendant's person and will would be a control over his case8 ,his rights would be lost in his enforced disability to defend them4 ,you might as well put out a man's eyes1 and then talk of his right in the common sunlight4 ,in ,baltimore1 or ,louisville1 a kidnapped freeman might find an opportunity of self-redemption2 but such a captive will never be carried to ,baltimore or ,louisville4 ,he will be sent to some interior region1 perhaps fifty miles from any court1 or the residence of any counsel1 where he may never have an opportunity to speak to a white man unless it be to a taskmaster1 who is paid to guard and to silence him4 ,the authors of the ,federalist deemed the principle of excluding an interested party from all power of deciding his own cause to be so important1 that they laid down the following doctrine3 8,no man ought certainly to be a judge in his own cause1 or in any cause1 in respect to which he has the least interest or bias40 7,no4 #hj47 ,yet the only chance which the ,fugitive ,slave law allows to a freeman1 when carried into bondage1 is that which he may exercise while under the absolute control of his robber master4 ,but more than this3 the law imposes no obligation upon the claimant to carry his victim to the state he is charged to have escaped from4 ,a man charged to have escaped from ,texas may be carried to ,florida4 ,nay1 he may not be carried to any state in this ,union2 but may be sent to ,cuba or ,brazil2 beyond hope1 and into the outer darkness of despair4 ,all the arguments which ,i have ever heard1 or seen1 on this point1 gratuitously assume1 that the persons reclaimed and transported will have an honest master1 be surrounded by kind friends1 and have a lawyer at hand whom they can consult with every day1 and money in their pockets to fee him4 ,would such be the case of a kidnapped freeman8 ,would a wretch1 vile enough to rob a man of his liberty1 carry him five hundred or a thousand miles1 and then go to a shire town during a session of the court1 and give his pretended slave a purse of money with which to fee a lawyer for investigating his right to freedom8 ,no6 the man who knows1 or suspects1 that he has seized a freeman1 or that his victim even believes himself to be a freeman1 and will put the claimant to the trouble and expense of a trial1 will plunge that freeman into the abyss of bondage1 where no ray of hope may ever reach him1 and where his voice will be hushed as in the silence of death4 ,another objection to the ,fugitive ,slave law is1 that it confers judicial power upon persons who are not judges4 ,here we are not left to inference or construction1 but can stand on the plain words of the constitution4 ,the third article declares1-- 8,the judicial power of the ,united ,states shall be vested in one supreme court1 and in such inferior courts as the ,congress may from time to time ordain and establish4 ,the judges both of the supreme and inferior courts shall hold their offices during good behavior1 and shall at stated times receive for their services a compensation which shall not be diminished during their continuance in office40--,art4 ,,iii4 #a4 ,here ,i hold it to be clear beyond dispute1 that the 8judges0 mentioned in the second sentence of the above section are the members of the 8supreme court0 and 8inferior courts0 mentioned in the first section1 and no other4 ,if so1 then there can be no doubt about the tenure of their office1 and the mode of their appointment1 compensation1 and removal4 ,by sec4 #b1 of ,art4 ,,ii41 the ,president 8shall nominate1 and by and with the advice and consent of the ,senate shall appoint10 8judges of the supreme court1 and all other officers of the ,united ,states1 whose appointments are not herein otherwise provided for1 and which shall be established by law40 ,the appointment of no judge of any court is 8otherwise provided for in the constitution20 and therefore the appointment of all the judges in whom 8the judicial power of the ,united ,states is vested10 belongs by the constitution to the ,president and ,senate2 and this 8judicial power0 cannot be delegated to1 nor exercised by1 any persons not so appointed4 ,the courts may appoint 8inferior officers10 such as clerks1 criers1 or masters in chancery2 but these are not 8judges20 nor would any one of them singly1 nor any number of them associated together1 constitute a 8court10 within the meaning of the first section of the third article4 ,were such the case1 then they might have power to appoint 8inferior officers10 and so on1 by sub-delegation1 indefinitely4 ,the constitution also defines what it means by 8judicial power40 ,it says1 8,the judicial power shall extend to all cases in law and equity arising under this constitution1 the laws of the ,united ,states10 c4 ,now1 my objection is1 that the ,fugitive ,slave law requires the creation of a large body of officers who are not 8judges10 but whom it purports to invest with 8judicial powers40 ,they are not 8judges10 because they are not nominated by the ,president and confirmed by the ,senate1 as all 8judges0 must be4 ,they are not 8judges0 again1 because1 if they were1 they must hold their offices 8during good behavior40 ,but the commissioners may be unmade on the day they are made4 8,judges0 can be removed only by conviction1 on impeachment4 ,commissioners may be removed by the court that appointed them4 ,not the ,president1 nor the ,senate1 nor both together1 can remove a judge1 unless by the initiatory and concurrent action of the ,house of ,representatives4 ,an 8inferior court0 can eject a commissioner without notice4 ,even if ,congress had declared1 by express words1 that the commissioners appointed by the circuit and district courts should be taken and held to be 8judges10 it would not make them so2 for ,congress cannot delegate any power to judges to appoint judges1 nor to courts to make courts4 ,if ,congress could not do this by express enactment1 how can it do so by implication8 ,commissioners are not 8judges10 also1 because no person can be a 8judge0 who is not entitled1 8at stated times1 to receive for his services a compensation which shall not be diminished during his continuance in office40 ,this provision necessitates the conclusion that all 8judges0 must be entitled to salaries payable periodically4 ,these salaries are in no case to depend upon the amount or the quality of their labors1--far less1 if possible1 upon their deciding the cases that are brought before them for the plaintiff or for the defendant4 ,one 8judge0 may have an enviable reputation for talent and integrity1 and thus attract suitors to his court4 ,another may be as corrupt as ,lord ,jeffries1 and repel all honest litigants from him4 ,but1 in either case1 he has a right to a compensation which shall not be diminished during his continuance in office4 ,each year gives him a definite1 unchanged sum of money4 ,but the commissioner is paid by fees1 and the amount of his fees depends partly upon the number of cases he decides1 and partly also upon the party in whose favor he decides4 ,if he decides that a man is free1 he receives five dollars4 ,if he decides that he is a slave1 he receives ten4 ,if the commissioner is acceptable to slave hunters1 suitors multiply4 ,if obnoxious to them1 his docket is bare of a case4 ,he is entitled to his compensation1 not 8at stated times10 but on the determination of each case4 ,his compensation may be diminished1 or it may cease altogether1 during his continuance in office4 ,each year does not give him any definite1 unchanged sum of money4 ,the 8judge0 must be paid by the government1 and is independent of all the parties before his court4 ,the commissioner is never to be paid by the government1 but is wholly dependent for his fees upon the claimant whose case he tries4 ,the government guaranties the payment of the 8judge10 but it can never inquire or know whether the commissioner be paid or not4 ,by the sixth article of the constitution1 all 8judicial officers0 must make oath or affirmation that they will support the constitution4 ,but there is no law requiring these commissioners to take an oath2 and as a matter of practice1 in some parts of the country at least1 it is known that they take no such oath4 ,now1 by the act1 a portion of the 8judicial power0 of the ,united ,states1 the whole of which is1 by the constitution1 vested in one 8supreme court10 and in 8inferior courts10 is given to the commissioners4 ,the fourth section says they 8shall have concurrent jurisdiction with the judges of the circuit and district courts of the ,united ,states40 ,if the power of these courts1 in the premises1 is judicial1 then the power of the commissioners1 being the same1 is judicial4 ,the attorney-general of the ,united ,states1 in a written opinion1 given by command of the ,president1 declares that this power1 so given to the commissioners1 is judicial4 ,the following are his words3-- 8,these officers1 the commissioners1 and each of them1 have judicial power1 and jurisdiction to hear1 examine1 and decide the case40 8,the certificate to be granted to the owner is to be regarded as the act and judgment of a judicial tribunal having competent jurisdiction40 8,congress has constituted a tribunal with exclusive jurisdiction to determine summarily1 and without appeal1 who are fugitives from service4 ,the judgment of the tribunal created by this act is conclusive upon all tribunals40 ,such is the opinion of the attorney-general of the ,united ,states1 given upon the precise point1 by order of the ,president of the ,united ,states4 ,but the point needed no authority to sustain it4 ,it results inevitably from the very nature of the power conferred by the law4 ,the decision of the commissioner is to be final and conclusive1 and the subject-matter of the decision is liberty and property4 ,the case cannot be reheard or rexamined by any judge1 or by any court1 of any state1 or of the ,united ,states4 ,the decision acts in rem and in personam4 ,it delivers the property to the claimant1 and puts the body of the defendant into his custody4 ,from that moment1 if the law has any validity1 the defendant is the slave of the plaintiff1 by force of a 8judicial0 decision4 ,the plaintiff1 thenceforth1 may control his actions1 his words1 his food1 his sleep4 ,if he chooses to exercise his authority in such a way1 he can order his victim to carry him home on his back1 and make him bear the loathsome burden of his person as well as of his will4 ,now1 to say that the power which effects these results is not a judicial power1 is to do violence to language1 and to commit a fraud upon the inherent nature of ideas4 ,in no case known to the common law1 or indeed to any other law1 is a plaintiff invested with full rights1 except after final judgment4 ,if1 then1 this power is a 8judicial power10 the constitution peremptorily forbids that it should be vested any where but in a 8court10 whose 8judges0 are nominated1 confirmed1 sworn1 hold office1 are paid1 and are removable1 according to its requirements4 ,look at the constitutional distribution of powers4 ,by the first article1 all legislative power 8shall be vested in a ,congress40 ,by the second article1 the 8executive power shall be vested in a ,president40 ,and by the third article1 8the judicial power shall be vested0 in the courts4 ,and it was just as competent for ,congress to invest 8commissioners0 with supreme 8executive0 or 8legislative0 power1 as to vest them with 8judicial0 power4 ,if1 by good fortune1 or by miraculous interposition1 a captured freeman should afterwards obtain a hearing in a court of the state to which he had been carried1 such hearing would1 in no sense1 be in the nature of a review of the former case1 either by appeal1 writ of error1 mandamus1 or certiorari4 ,it would be by the institution of another suit1 under another government4 ,the relation of the parties would be reversed4 ,the respondent who was kidnapped must be plaintiff1 the plaintiff kidnapper1 or some one claiming under him1 must be defendant4 ,were the various possessory writs known to the ,english common law any the less 8suits at common law08 or were the courts that tried them any the less judicial tribunals1 because a writ of right could be afterwards brought1 in which the previous judgments could not be pleaded in bar1 and would be neither estoppel nor proof of title8 ,but to avoid the force of this1 it has been said1 that the proceedings before the commissioner do not constitute a 8case10 within the meaning of the second section of the third article1 which extends the 8judicial power0 of the ,united ,states to all 8cases0 in law and equity4 ,instead of being a 8case10 it is said to be only a summary inquiry1 designed to operate as a condition for executive action1 in order to accomplish a special and limited object2 like the inquiry1 who are rightful claimants of money held by the government1 under a treaty1 and how much belongs to each one4 ,it is also said1 that if a construction so literal is to be put upon the words 8judicial power10 then no master in chancery could act in behalf of the courts in equity cases2 no commissioner of bankruptcy could be appointed under a bankrupt law1 c4 ,in answer to the first position1 that the proceedings for the reclamation of fugitive slaves do not constitute 8a case10 we have the most explicit declaration of the supreme court in more cases than one4 ,in ,prigg's case1 #af ,peters1 #faf1 the court say1-- 8,it is plain1 then1 that while a claim is made by the owner1 out of possession1 for the delivery of a slave1 it must be made1 if at all1 against some other person2 and inasmuch as the right is a right of property capable of being recognized1 and asserted by proceedings before a court of justice1 between parties adverse to each other1 it constitutes1 in the strictest sense1 a controversy between the parties1 and a ,,case1 arising under the constitution of the ,united ,states1 within the express delegation of ,,judicial ,,power given by that instrument40 8,a ,,case in law or equity consists of the right of the one party as well as of the other1 and may truly be said to arise under the constitution1 or a law of the ,united ,states1 whenever its correct decision depends ,,on ,,the ,,construction ,,of ,,either40--,cohens vs4 ,virginia1 #f ,wheat4 #cgi1 7#e ,cond4 ,rep4 #aja47 ,indeed1 almost every page of the opinion of the court1 in ,cohens vs4 ,virginia1 may be referred to1 to show that they used the word 8case0 in a sense that embraces the proceedings for the reclamation of a fugitive slave4 ,if so1 then any tribunal1 having jurisdiction over such a 8case10 is vested with a part of the 8judicial0 power of the ,united ,states4 ,in defining the word 8case10 as it occurs in this article1 ,judge ,story says1-- 8,it is clear that the judicial department is authorized to exercise jurisdiction to the full extent of the constitution1 laws1 and treaties of the ,united ,states1 whenever any question respecting them shall assume such a form that the judicial power is capable of acting upon it4 ,when it has assumed such a form1 it then becomes a case0--#c ,comm4 #ejg4 8,a case1 then1 in the sense of this clause of the constitution1 arises1 when some subject touching the constitution1 laws1 or treaties of the ,united ,states1 is submitted to the courts by a party who asserts his rights in the form prescribed by law40--,ibid4 ,and1 as if these definitions were not clear enough1 the learned judge adds1-- 8,cases arising under the laws of the ,united ,states are such as grow out of the legislation of ,congress1 within the scope of their constitutional authority1 whether they constitute the right1 or privilege1 or claim1 or protection1 or defence of the party1 in whole or in part1 by whom they are asserted40--#c ,comm4 #ejh4 ,it seems clear1 then1 that the proceedings authorized by the ,fugitive ,slave law cannot be taken out of the meaning of the word 8cases10 7cases in law and equity17 in the third article4 ,there is another clause in the third article1 which embraces these proceedings with equal clearness and certainty4 8,the judicial power shall extend to controversies0 8between a state and citizens of another state40 ,i suppose it will not be denied that a slave state may itself own slaves4 ,they may escheat to it1 be taken in execution for debt1 c4 ,now1 a free citizen of ,massachusetts may enter the port of ,charleston as a mariner1 be seized1 imprisoned1 and then sold into slavery for non-payment of jail fees4 ,the ,state of ,south ,carolina may purchase him4 ,he may escape and return to ,massachusetts4 ,south ,carolina may then claim him under this ,fugitive ,slave law4 ,in such a condition of things1 a 8controversy0 will exist between 8a state and a citizen of another state40 ,the commissioner can take jurisdiction of that case as well as of any other4 ,and who will be bold enough to say that a trial and judgment by him1 delivering up the respondent to bondage1 would not be the exercise of 8judicial power0 in a controversy between 8a state and a citizen of another state08 ,the argument1 that if the commissioner under the ,fugitive ,slave law exercises 8judicial power10 then masters in chancery1 commissioners of bankruptcy1 c41 exercise it1 is answered by a word4 ,masters in chancery assist the court in preparing questions for decision1 but they decide nothing4 ,every act of theirs may be reheard and rexamined by the court at the pleasure of either party4 ,they enter up no judgment2 they issue no execution4 ,they may express the opinion that the plaintiff or defendant is entitled to recover a certain sum of money1 or to hold the chattel in dispute2 but neither of them can touch it4 ,they are 8judges0 in no legitimate sense4 ,they exercise no part of the 8judicial power40 ,the court may call upon them to state an account between parties1 as it calls upon a clerk to make up the record1 or a servitor to bring a law book1 or asks a friend to cast up the interest on a promissory note4 ,such are the functions of a master in chancery1 whose acts have no legal validity until assented to by the parties or sanctioned by the court4 ,so with regard to commissioners of bankruptcy4 ,every act they were ever authorized to perform derived all its legal force from the consent of the parties1 or from the verdict of a jury1 before whom it had been contested1 or from the judgment of the court1--as may be seen at a glance1 by reference to the acts creating them4 ,as to the supposed 8judicial power0 exercised by commissioners1 under a treaty to determine who are rightful claimants1 and to how much each one is entitled1 it is almost too obvious to remark1 that as no citizen can bring 8suit0 against the government1 the 8judicial power0 does not 8extend0 to such a case1 and the suggestion is puerile4 ,a word more will close my remarks on this topic4 ,we have seen that a decision of the commissioner adverse to the respondent delivers him over into absolute1 unconditional slavery4 ,but the prevalent opinion is1 that a decision in the respondent's favor is no bar to a subsequent trial of the same person on a new 8claim40 ,it was actually held in ,long's case1 in ,new ,york1 where the claimant apprehended that the decision of the first commissioner would be against him1 that he might abandon proceedings before that tribunal and resort to another4 ,he did so1 and prevailed4 ,that is1 the claimant may select1 from among an indefinite number of irresponsible magistrates1 the one whose ignorance or whose turpitude may promise the best chances of success4 ,but if1 from any cause1 he should apprehend defeat1 then1 and before the final judgment is pronounced1 he can withdraw his suit and commence anew before another magistrate1 and so throw the dice of the law again and again1 until1 by the very doctrine of chances1 he shall ultimately succeed4 ,such want of equity between the parties stamps this law as infamous1--for inequity is iniquity4 ,an argument in favor of the surrender of alleged fugitives from service under this law has been derived from the provision for the surrender of fugitives from justice4 ,but the difference between the cases is world-wide4 ,in regard to slaves1 the constitution says1--8,no person ,,held to service10 c42 but in regard to criminals1 its language is1 8,a person ,,charged10 c4 ,now1 who can avoid perceiving the difference between the legal force of the words 8held0 and 8charged08 ,the obligor in a bond is 8,,held and firmly bound40 ,the grantor conveys an estate 8to have and to ,,hold0 to the grantee and his heirs and assigns forever4 ,so a lessee is to 8,,hold0 for the term specified4 ,a man is ,,held to answer a charge1 c41 c4 ,in all these cases the word 8hold0 implies a perfect obligation or certain liability4 ,but a man is 8,,charged0 with an offence when a grand jury has found an indictment against him1 or when a competent person has made the requisite oath4 ,it is not enough that a man be charged to be held to service4 ,he must be proved to be held1 or he remains free2 the court must know that he is so held before they are authorized to surrender him4 ,and how1 under our constitution1 can the court know such facts as convert a presumptive freeman into a slave without a trial by jury8 ,had the constitution said a fugitive guilty of murder1 c41 shall be delivered up1 could a man be delivered up until proved guilty of murder8 ,yet the word guilty is no stronger in reference to a fugitive from justice than is the word held in reference to a fugitive from service4 ,another distinction between the cases is not less marked than the preceding4 ,when the fugitive from justice is claimed1 he is claimed by a state for having violated its law1 and when he is delivered up he is delivered into the custody of the law4 ,legal process must have been commenced against him in the state from which he fled4 ,he is returned1 that the prosecution thus commenced may be completed4 ,he is delivered from an officer of the law in one state to the officer of the law in another state4 ,he is transferred1 not to avoid a trial1 but to have one4 ,the original indictment or charge1 the arrest in a foreign state1 and the delivery and transportation to the place of trial1 are but separate parts of one legal proceeding4 ,the shield of the law is continued over him4 ,all the time and all the way1 he has the solemn pledge of the government1 that if not found guilty on the prosecution then pending1 he shall be discharged4 ,but the alleged slave is claimed not by a state1 but by an individual1 and he is delivered up1 not into the custody of the law1 where his right might be adjudicated upon1 but into private hands2 not into the hands of a neutral or indifferent person even1 but into the hands of a party interested to deprive him of all his rights1 and who himself claims to be judge1 jury1 and all the witnesses1 in determining what those rights are4 ,if he be not a slave1 then he is delivered into the hands of a man-stealer4 ,the shield of the law is not continued over him2 nay1 the ,fugitive ,slave act expressly provides that1 whatever his rights may be1 yet1 while in transitu1 the law shall not recognize them4 ,the certificate given by the commissioner to the claimant is to prevent 8all molestation of him by any process issued by the court1 judge1 magistrate1 or other person whomsoever40 ,under this practical interpretation of our constitution1 which1 as its own preamble declares1 was formed to 8establish justice1 and secure the blessings of liberty10 it takes better care of felons than of freemen4 ,but there are other provisions of the constitution respecting the trial of criminals1 which would control this provision respecting the delivery of fugitives from justice1 even if there should be any doubts about its true construction4 ,by the constitution as originally adopted1 and by the fifth amendment1 all crimes1 7except in cases of impeachment1 or in the land and naval forces17 are to be tried in the state and district where committed4 ,this makes it impossible to try a fugitive from justice in the state to which he has fled4 ,it is an express prohibition against trying him there4 ,but no such prohibition exists1 no analogous provision exists1 respecting the trial of 8suits at common law10 or the trial of 8cases0 or 8controversies10 in which a man may be deprived of 8life1 liberty1 or property40 ,these cases1 therefore1 not being taken out of the general provisions of the constitution for securing the rights of the citizen1 are left within it1 and hence must be tried by a jury in the place where the claim is made4 ,my next objection to this law is1 that it attempts to suspend the writ of habeas corpus4 ,the constitution says1 8,the privilege of the writ of habeas corpus shall not be suspended1 unless when1 in cases of rebellion or invasion1 the public safety may require it40 ,the ,fugitive ,slave law declares that the 8certificate0 given to the claimant1 his agent or attorney1 8shall prevent all molestation of said person or persons by any process issued by any court1 judge1 magistrate1 or other person whomsoever40 ,now1 as a writ of habeas corpus is a 8process issued by a court or judge10 it follows1 that1 according to the terms of the ,fugitive ,slave law1 the slave owner is not to be 8molested0 by that process4 ,what1 then1 will constitute a 8molestation0 of him under this law8 ,would the service of a writ of habeas corpus upon him1 and1 in case of his refusal voluntarily to obey it1 the seizure of his person1 and the carrying of him bodily before the court1 perhaps a hundred miles out of his way2--would the moral necessity of employing counsel1 and being otherwise subjected to great expense1 both of money and time2--would any or all of these impediments and privations amount to what this law denominates 8molestation08 ,if they would1 then the slave owner is exempted from them4 ,and if so exempted from them1 is not the privilege of the writ of habeas corpus 8suspended10 as to his pretended slave8 ,what else can a 8suspension0 of it mean8 ,but take the other alternative4 ,suppose the writ of habeas corpus to be issued1 and a return of all the facts by which the supposed slave is held to be made4 ,the very return brings the ,fugitive ,slave act before the court2 and if the act is before the court1 then1 surely1 the question is also before the court1 whether it is constitutional or not4 ,for1 if unconstitutional1 it is no law1 and no justification of the restraint4 ,suppose the court to decide the act to be unconstitutional1 and to discharge the prisoner4 ,this surely would be a 8molestation0 of him1 in the strongest sense of the word4 ,to say the least of it1 then1 the law contains an insolent and audacious provision1 forbidding the 8courts1 judges1 magistrates1 and all other persons whomsoever10 to do what it may be their sworn constitutional duty to do1--that is1 to inquire into the constitutionality of the law1 and1 if found to be unconstitutional1 to disregard it4 ,i am aware of the astute reasoning of the present able attorney-general of the ,united ,states4 ,he says1 first1 that the act does not suspend the writ of habeas corpus1 because such suspension would be 8a plain and palpable violation of the constitution1 and no intention to commit such a violation of the constitution ought to be imputed0 to ,congress2 and second1 that if the certificate of the commissioner is shown 8upon the application of the fugitive for a writ of habeas corpus1 it prevents the issuing of the writ2 if upon the return1 it discharges the writ1 and restores or maintains the custody40 ,the first reason might be more briefly stated thus3 it don't because it don't2 or it don't because it can't4 ,the second is as little satisfactory as the first4 ,if the facts are shown1 it says1 upon the fugitive's application for a writ1 no writ will issue2 if shown upon the return of the writ1 it will be abated4 ,is it not most clear that this assumes the very question in dispute1 whether the law on which the certificate is founded be constitutional or not8 ,the statement may be all very true1 if the law be constitutional2 but suppose the law to be unconstitutional1 would not the statement be superlatively absurd8 ,yet whether the law be constitutional or not1 is the very question to be determined4 ,let me test the soundness of this logic by a supposed case4 ,there is1 at the present time1 a set of politicians amongst us1 who are so alarmed at agitation that each one of them is a kind of ,peter the ,hermit1 getting up a crusade to prevent it4 ,now1 suppose ,congress1 8as a peace measure10 should pass a law authorizing the secretary of state to issue his warrant for the arrest and imprisonment1 until the #dth day of ,march1 #ahec1 or at least until after the next presidential nominations are made1 of any person who shall be guilty of agitating on the wrong side of said peace measure1 and should further declare that any jailer having such warrant from said secretary should be free from 8all molestation by any process issued by any court1 magistrate1 or other person whomsoever40 ,would it be a sound1 judicial1 and lawyer-like argument1 in such a case1 to say that ,congress could not1 and could not have intended to1 violate the constitution1 and therefore they had not violated it2 and that if the warrant for commitment should appear upon the prisoner's application for a writ of habeas corpus1 it would prevent its issuing2 if1 upon its return1 it would discharge it8 ,i think it impossible for any one to show that if the argument be good in the first case1 it would not be good in the second2 and good1 indeed1 in any case1 however outrageously violating the constitution4 ,again3 suppose the #ahth of ,september last1 when the ,fugitive ,slave bill was approved1 to have been a time 8of rebellion or invasion10 when the public safety required the suspension of this writ1 would not such words as end the sixth section of the act be sufficient in law to suspend it8 ,the attorney-general seems to rely upon the fact that the ,fugitive ,slave law does not mention the habeas corpus4 ,he cannot surely mean to say that the privilege of this writ could not be suspended1 unless by name4 ,even slavery is not mentioned in the constitution by name4 ,suppose ,congress1 in a time of rebellion or invasion1 to say1 in regard to any class of cases which it might choose to specify1 that if one person shall hold another under executive warrant1 such warrant 8shall prevent all molestation of said person or persons by any process issued by any court1 judge1 magistrate1 or other person whomsoever20 could any man deny that such words would have ample force to suspend the privilege of this sacred and time-hallowed writ8 ,no6 ,heaven1 and not the thirty-first ,congress1 be praised for it6 ,though this infamous ,fugitive law could not suspend the habeas corpus1 yet its words are adequate to do so4 ,they purport to put the professional slave-hunter1 as it regards the privilege from arrest1 or 8molestation10 on the footing of a member of ,congress2 and it would not have gone one iota further1 in point of principle1 had they made his person inviolable while going to seize his prey1 and when returning with it4 ,if the argument of the attorney-general be sound1 then the whole 8privilege of the writ of habeas corpus10 under any corrupt law that any corrupt ,congress may pass1 will consist in the privilege of applying to a court for the writ1 and being refused2 or in suing out the writ1 and having it quashed4 ,by the principles of the ,english law1 the privilege of the habeas corpus attaches to all1 whether bond or free4 ,the words liber homo1 says ,lord ,coke1 extend to every one of the king's subjects1 8be he ecclesiastical or temporal1 free or bond1 man or woman1 old or young1 or be he outlawed1 excommunicated1 or any other1 without exception40--#b ,inst4 #ee4 ,i now proceed to lay open for the abhorrence of mankind other deformities of this most odious law4 ,in opposing a law1 a distinction is to be made between the courts and the people2 between the bench and the ballot-box4 ,the courts can hear but one objection to a law4 ,it may be impolitic1 unrighteous1 atrocious2 but if it be constitutional they must sustain it4 ,but before the tribunal of the people1 a law may be impeached for any attribute of cruelty1 oppression1 or meanness4 ,i denounce the ,fugitive ,slave law for all these qualities4 ,in its scornful rejection of all those common-law principles of evidence which have been ratified by the wisdom of ages2 in the 8summary0 and piratical haste of its proceedings1 and in the indelible blood with which its judgments are recorded1 ,i believe it has not a parallel in the modern code of any civilized people4 ,should the courts1 hampered by previous decisions1 and habituated to the spectacle and the support of a cruel institution1 pronounce this law to be constitutional1 such a judgment would give new force to every reason why the people should demand its modification or repeal4 ,it is not enough that it should be declared void by the courts as against the fundamental law of the land2 it deserves to be branded by the people as abhorrent to humanity1 to civilization1 and to the gospel of ,jesus ,christ4 ,look at its provisions in regard to evidence4 ,the proof of three facts dooms the victim3 first1 that the person named in the warrant owes the claimant service2 second1 that he has escaped2 and1 third1 identity4 ,now1 according to the law1 all these facts may be proved in the absence of the party to be ruined by them4 ,the whole case may be established by evidence taken behind the victim's back1 without notice to him1 without knowledge1 or possibility of knowledge1 on his part4 ,a freeman may be suddenly arrested1 and dragged into court1 and on certain papers being read against him1 which he never saw nor heard of before1 he may be ordered into the custody of officers1 and hurried to a returnless distance from wife1 children1 and friends1 reduced to the direst form of bondage the world ever knew1 and at the expense of the very government which he has been taxed to support1 and which in turn was bound to protect him4 ,i will prove by a reference to the act itself that these atrocities are among its conspicuous features4 ,by the sixth section it is made the duty of the 8court1 judge1 or commissioner10 8upon satisfactory proof being made by deposition or affidavit1 in writing10 8or by other satisfactory testimony10 8and with proof1 also by affidavit1 of the identity of the person whose service or labor is claimed10 8to make out and deliver to such claimant a certificate10 c4 ,and the tenth section of the act declares that the transcript of a record 8taken in any state or territory1 or in the ,district of ,columbia10 and 8produced in any other state1 territory1 or district10 and being there 8exhibited to any judge1 commissioner1 or other officer authorized to cause persons escaping from service or labor to be delivered up1 shall be held and taken to be full and conclusive evidence of the fact of escape1 and that the service or labor of the person escaping is due to the party in said record mentioned40 8,and upon the production of other and further evidence1 if necessary1 either oral or by affidavit1 of the identity of the person escaping1 he or she shall be delivered up to the claimant40 ,here1 then1 is a provision unknown to the common law of ,england1 or to any colony1 or people1 or tribe that ever claimed the common law of ,england as their inheritance2 unknown even to the star chamber1 or high commission court2 unknown in the bloodiest reigns of the bloodiest tyrants that ever sat upon the ,english throne2 unknown to those judicial villains whom ,lord ,campbell calls 8ruffians in ermine0--incorporated into the code of a republican government4 ,evidence1 which may consign to slavery a man who is ostensibly and presumptively free1--free by the laws of the state where he is1 and free every where by the law of ,god and humanity1--may be prepared in his absence1 without any notice to him1 and by any means of perjury or subornation of perjury to which guilt may resort1 and this evidence is made legally sufficient to doom a fellow-being to relentless bondage4 ,notwithstanding those remarkable clauses in the constitution which provide that 8in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial10 8be informed of the nature and cause of the accusation10 8be confronted with the witnesses against him10 8have compulsory process for obtaining witnesses in his favor10 8and have the assistance of counsel for his defence20 yet ,judge ,story comments upon them in a spirit of dissatisfaction and sorrow2 8for10 says he1 8unless the whole system of the common law is incorporated1 and especially the law of evidence1 a corrupt legislature1 or a debased and servile people1 may render the whole little more than a solemn pageantry40 7#c ,com4 #ffb47 ,in speaking of a 8corrupt legislature10 he seems to describe what this ,congress has done in enacting the ,fugitive ,slave law at its last session2 and1 in speaking of a 8debased and servile people10 he speaks of just such a people as the advocates and champions of this law are now striving to make the people of the ,united ,states become6 ,the right of cross examining witnesses is a common-law right1 appertaining to all kinds of trials4 ,it is a right without which all trials are but mockery4 ,it is oftentimes a hardship to be confronted with witnesses of whom one knows nothing2 but to be debarred from all opportunity of getting1 by cross questioning1 at the knowledge that is in them2 to be debarred from the right of showing that they are incompetent even to folly1 or corrupt even to wilful perjury1 this is a barbarity unknown to any code in the civilized world1 save to the code of the ,united ,states of ,america4 ,it is what even barbarians might be ashamed of4 ,it is offering bounties and premiums on villany1 and turning the courts into brokers' offices for perjury4 ,under such a law1 is there a single colored person at the north who can rise to his labor in the morning1 or lie down to his repose at night1 with any feeling of security that avarice and false swearing may not then be at work for his destruction8 ,who can wonder1 if he is tormented in his nightly dreams by images of the man-stealer1 in far off regions1 plotting for his ruin8 ,who can wonder if1 in his city residence1 he starts as he turns the corner of every street2 or1 in his rural home1 if he shudders at the rustle of every leaf1 lest some kidnapper should spring from his ambush to seize him8 ,that sense of personal security which every honest man is entitled to feel1 this law abolishes4 ,the virtuous man cannot rely upon his government1 nor the pious man upon his ,god1 for earthly protection4 ,for him the ,prince of ,darkness has obtained the ascendency in the affairs of men1 and offers impunity to guilt1 while protection is withdrawn from innocence4 ,the life of such a man is a perpetual agony of alarm for himself and for his family4 ,a cloud charged with lightning is forever suspended over his head1 and no genius can devise the means to turn aside its bolts4 ,sir1 before ,god1 ,i believe that1 in the judgment of an impartial posterity1 this method of taking evidence1 by the cruellest of means and for the wickedest of purposes1 will be held as atrocious and as execrable as that horrid method of extracting evidence by torture1 which once prevailed1 but which now even half-civilized nations have abolished4 ,a brave heart could withhold a false confession1 even upon the rack4 ,with the images of wife and children before the eyes1 martyrdom for their protection has been sweet4 ,but there is no man whom ,god ever made who will not tremble1 and stand aghast with consternation1 with the conscious knowledge in his mind that he1 his wife and children1 and all that he holds dear upon earth1 are at the mercy of every pirate-hearted villain between the ,atlantic and the ,rio ,grande2 nay1 that the government offers inducement to foreign assassins to come here1 where1 with less risk1 they can make more money by false swearing and judicial kidnapping than they could at home by murder and robbery4 ,better1 a thousand times better1 had the constitution allowed the citizen 8to be compelled to be a witness against himself10 and laid its prohibitions upon the fabrication of testimony against him in his absence4 ,the tenth section of the act declares that this evidence1 thus obtained under a foreign jurisdiction and in the absence of the party1 shall be 8conclusive40 ,now1 the legal force and meaning of this provision is1 that no amount or weight of evidence1 no array of the most unimpeachable witnesses1 not even the personal knowledge of the commissioner himself1 who tries the case1 though given under the sanction of an oath1 which the law does not require him1 as a commissioner1 to take1 shall be admissible to rebut this 8conclusive0 testimony4 ,it is not made prima facie evidence merely against the respondent2 it does not merely shift the burden of proof1 so that the presumptive freeman becomes presumptively a slave1 and must himself establish the freedom he would possess2 but the law magnifies it into a species of proof that is 8conclusive10--that is1 unquestionable1 irrefragable1 omnipotent1--like a miracle of ,god1 not to be disputed4 ,and this greatest of legal force is given to the worst kind of evidence4 ,i say that a law so worthy of abhorrence1 so truculent1 so fiendish1 is not to be found upon the statute book of any other civilized nation on the globe4 ,such1 too1 has been the practical construction given to the law4 ,i see by the papers that1 in a late case which occurred at ,detroit1 the respondent declared himself a free man1 and prayed for a continuance1 to allow him to send to ,cincinnati for his free papers4 ,but the commissioner refused the delay1 saying that1 under this law1 even free papers from the very man that claimed him would be of no avail2 for where the law made the evidence conclusive1 nothing could rebut it4 ,any counter evidence must always be admitted1 on the hypothesis that the evidence already received may be controlled by it4 ,but what an infinite absurdity to suppose that one mass or body of proof can be conclusive1 over another which is conclusive4 ,the law might just as well have made color conclusive1 not only that the respondent was a slave1 but that he ran away from the man who claims him4 ,the law1 as it stands1 is as much a slave-making as it is a slave-catching law4 ,it declares that the proceedings shall be 8summary20 and it provides a different rate of compensation1 according as the decision is for freedom or against it4 ,on what principle is this difference of compensation founded8 ,every body can see at a glance that when a claimant can prepare his evidence beforehand and in secret1 he would be a fool not to make out a prima facie case4 ,if the respondent adduces no proof1 the case goes by default1 and judgment1 without delay1 is entered against him4 ,but if the claim is contested1 then witnesses are to be examined1 arguments are to be heard1 evidence is to be weighed1 legal questions to be investigated1 and such a decision made as the commissioner is willing to pronounce before the world4 ,it is only in the last class of cases1 the contested class1 that the respondent will be discharged4 ,the cases1 therefore1 that result in freedom will ordinarily occupy sixfold or tenfold more time1 besides requiring the exercise of more legal knowledge and ability1 than those which terminate fatally to the respondent4 ,yet for decreeing the freedom of a man1 the fee is but half as much as when a sentence of bondage is awarded against him4 ,this surpasses the bribery of ,judas by the high priests4 ,they had not diabolical wit enough to present a contrast between right and wrong1 as a special stimulus for committing iniquity4 ,the 8summary manner0 of trial provided for by this law1 when considered in reference to rights so momentous1 shocks every ,anglo-,saxon mind4 ,one's blood must all be corrupted in his veins1 before he can hear of it without indignation4 ,it is the noblest attribute of our race1 that we hold civil and religious liberty to be more sacred and more precious than life itself4 ,yet by what safeguards of constitution1 of law1 and of forms of practice1 is life protected amongst us8 ,there must be a presentment1 by at least twelve sworn men1 before a man can be held to answer to a charge by which it can be forfeited4 ,then come the traverse jury1 the right of peremptory challenge1 the assignment of counsel1 the right to see the indictment beforehand1 and to know the names of witnesses who are to be called against the accused1 and compulsory process to insure the attendance of witnesses in his favor6 ,what noble barriers are these against the oppression of a powerful government1 and the malignant passions of powerful men6 ,the probable culprit1--the man laboring under the most violent suspicion1--though caught with the blood-red dagger in his hand over the prostrate body of the victim1 is guarded by all that human ingenuity has been able to devise2 by all the knowledge that we can command this side of the omniscience1 and by all the power this side of the omnipotence of ,god4 ,yet in the very community where these rights are reverenced and upheld1 a man may be seized without notice1 hurried to a tribunal without an hour for preparation1 and then be borne away a thousand miles1 where all that life has of hope and of enjoyment is taken away1 and all that it knows of misery and of terror is realized4 ,let me ask any man who ever had a case in court that was worth defending1 whether he was prepared to meet it the first hour he had notice of its existence8 ,a respondent's witnesses may be resident in different states1 and distances of hundreds of miles may intervene between him and them4 ,his proof may consist of deeds1 or wills1 or records1 which cannot be found or authenticated without delay4 ,his defence may consist of matters of law1 which the ablest counsel may require time and the examination of books to investigate4 ,all these obstacles to instantaneous readiness may exist together1 and yet the inexorable mandate of the law scorns his appeal for that delay on which his highest interests are suspended1 and dooms him to bondage because he cannot achieve impossibilities4 ,under such a law1 not one man in ten who will be arrested1 even though he should be free1 will be prepared to establish his freedom4 ,a great portion of these outcasts from human justice1 ,i doubt not1 are better prepared for the summons of instantaneous death than for this summons of instantaneous trial4 ,then the cruel haste in executing judgment6 ,the murderer is allowed a season of respite between the hour of sentence and the hour of death2 the debtor may turn out goods to satisfy a creditor's demands2 but the alleged fugitive has no reprieve4 ,he has no opportunity to solicit money to redeem himself1 or to negotiate for the ransom of body and soul4 ,swift and sure as an arrow to its mark1 he is speeded on his way to the abodes of toil and despair4 ,the witnesses who swore away his liberty may have been perjured1 but he cannot stop to convict them4 ,the court may have been corrupt1 but he cannot remain to impeach it4 ,however honestly rendered1 the judgment may be reversible for error in law1 but he cannot stay to set it aside4 ,now1 every one must see that where there is so little caution before trial1 there should be a liberal opportunity for revision after it4 ,but here is infinite exposure to error with no chance for rectification4 ,overstepping the acts of the common tyrant1 there is an infliction of the most heinous wrong1 with a premeditated purpose that it shall not be repaired4 ,the great and free republic of ,north ,america has transferred the unwritten law of ,judge ,lynch to its statute book4 ,however clear the constitutional obligation of ,congress to enact a law for the reclamation of fugitive slaves may be supposed by any one to be1 there certainly are limitations to this obligation1 which all the principles of our government forbid the law-maker to transcend4 ,in the first place1 this constitutional obligation must be strictly construed4 ,the main and primary object of the constitution was to protect natural rights2 but the object of the ,fugitive ,slave clause was to protect a legal right in conflict with natural right4 ,all judges of an honorable name1 all courts in all civilized communities1 have recognized a broad distinction in the principles of interpreting law4 ,they have held that provisions against life and liberty should be strictly construed1 while those in favor of life and liberty should be liberally construed1--the one so construed as to inflict as little of pain and privation as possible2 the other1 to give as much of freedom and immunity as possible4 ,these have become maxims1 or axioms1 of legal interpretation2 and in their long and unbroken recognition1 it is not too strong an expression to say1 they impetrate and command a strict construction of that clause in the constitution under which fugitives may be claimed4 ,and the same legal maxims1 in regard to all subjects touching life and liberty1 bind ,congress in legislating under the constitution1 as bind the judicial tribunals in administering the law4 ,yet the ,fugitive ,slave law contains provisions which there can be no pretence nor shadow of a pretence that the constitution requires4 ,by the constitution1 8,no person held to service or labor in one state1 escaping into another1 shall be discharged40 ,into another what8 ,indisputably1 into another state4 ,it must mean state1 and can mean nothing else2 for the laws of language admit no other construction4 ,the expression1 8,no person held in one state1 escaping into another ,,territory10 would be not merely ungrammatical and un-,english1 but nonsensical4 ,no man of common intelligence ever so construed a sentence4 ,yet the sixth section of the act provides not only for the case of slaves escaping from one state into another state1 but for their escape from a state into a territory1 and for an escape from a territory into a state1 and for an escape from one territory into another territory4 ,four classes of cases are provided for by the law1 while but one of them finds any warrant in the constitution4 ,now let any one take a map of the ,united ,states1 and see over what a vast area the law extends1 over which the provision in the constitution does not extend4 ,the region is continental over which the law unconstitutionally extends1 and this corresponds with the vast inhumanity of the principle which so extends it4 ,mark another particular in which the provisions of the law go beyond the requirements of the constitution4 ,the constitution says the fugitive shall be 8delivered up40 ,the law makes provision for transporting him to the claimant's home4 ,is there any similar provision respecting any other species of property8 ,if a northern merchant recovers a debt from his southern customer1 does the government assume the responsibility of seeing that it is paid to the creditor at his own home8 ,if a northern man is robbed1 and the stolen goods are found in another state1 does the government transport them back and pay freight8 ,then1 why should government interpose in this case to bear costs and risks1 unless slavery is so meritorious an institution as to deserve the benefactions as well as the benedictions of freemen8 ,then observe how artfully the law is worded1 to make the assistance rendered to the claimant go beyond any supposed necessity in the case4 8,if10 it says1 8upon affidavit made by the claimant1 444 his agent or attorney1 444 that he has reason to apprehend that such fugitive will be rescued by force1 444 before he can take him beyond the limits of the state in which the arrest is made1 it shall be the duty of the officer 444 to remove him to the state whence he fled40 ,thus1 if danger is apprehended1 within the first ten miles1 the government shall see the slave safely home1 at its own expense1 though it be a thousand miles4 ,but besides the unheard-of principle of saddling the government with the expense of prosecuting the private claims of its citizens within its own jurisdiction1 ,i should like to know what provision the constitution contains1 which1 though interpreted by the most latitudinarian constructionist1 confers any right upon ,congress thus to take the money of one citizen to pay the private expenses of another4 ,there is no clause1 or phrase1 or word in that instrument which favors the idea that the ,northern ,states should bear the expense1 as well as the disgrace1 of thus remanding our fellow-men into bondage4 ,besides1 if the limits of the constitution were to be transcended in order to deliver an alleged fugitive to his master1 would not the slightest element of equity1 or decency1 even1 require that when a freeman is condemned to bondage under the law1 his expenses1 incurred in returning to the place where he was plundered of himself1 should be reimbursed to him by the government which had failed in its duty to protect him8 ,if the claimant of ,james ,hamlet could be supplied with a force1 at the government's expense1 to carry him into slavery1 why should not the expense of coming back into a land of freedom be reimbursed by the government to ,adam ,gibson1 after one of its venal and villanous instruments had wrested that freedom from him8 ,the law also provides for another thing which the supreme court has expressly declared to be unconstitutional1 or beyond the power of ,congress to enact4 ,it provides that any state court of record1 or judge thereof1 in vacation1 may take and certify evidence which shall be 8conclusive0 in regard to two of the three points which are made sufficient by the law to prove a man a slave4 ,thus1 the two facts of slavery and of escape may be 8conclusively0 proved by the certificate of a judge of a state court1 so that the judge before whom the alleged fugitive is brought shall1 in regard to these facts1 exercise only a mere ministerial function4 ,now1 he who has power to take and authenticate evidence1 which it is predetermined shall be 8conclusive0 in the case1 has power to decide the case4 ,this1 in its nature and essence1 is a judicial power2 yet this power is given by the act to any state court of record1 and to any judge thereof in vacation4 ,contrary to this1 however1 the supreme court has said1 8,congress cannot vest any portion of the judicial power of the ,united ,states except in courts ordained and established by itself40--,martin vs4 ,hunter's ,lessee1 #a ,wheat4 #ccj4 8,the whole judicial power of the ,united ,states should be1 at all times1 vested in some courts created under its authority40--,ib4 #cca4 8,the jurisdiction over such cases1 cases arising under the constitution1 laws1 and treaties of the ,united ,states1 could not exist in the state courts previous to the adoption of the constitution1 and it could not afterwards be directly conferred on them2 for the constitution expressly requires the judicial power to be vested in courts ordained and established by the ,united ,states40--,ib4 #cce4 ,yet1 though it is expressly declared that ,congress cannot vest any part of the judicial power of the ,united ,states in a state court1 the state courts are empowered by this law to take and certify evidence1 which is made 8conclusive0 in the case4 ,look at the subject in another of its aspects4 ,here are some half million of free colored persons in the free states4 ,they are unquestionably free4 ,they possess1 as fully as you or ,i1 those prerogatives of freedom without which life ceases to be a blessing4 ,their freedom is guarantied to them by the constitution of the ,united ,states1 and by the constitutions and laws of the states respectively in which they dwell4 ,they certainly are a part of the people4 ,in some of the states1 as in ,massachusetts for instance1 the law knows no iota of distinction1 in any respect1 between a black man and a white man2 between one of ,european and one of ,african descent4 ,it is the noble privilege of a ,massachusetts man to say1 that1 as all men are equal before the divine law1 so are all men equal within our borders1 before the human law4 ,now1 scattered among this half million1 more or less1 of free colored people in the free states1 there are a few hundreds1 or a few thousands if you please1 of 8fugitives from service or labor10 as the constitution cunningly and evasively phrases it2 which1 being interpreted1 means1 as the whole world knows1 fugitives from toil1 and fetters1 and stripes1 and agony2 fugitives from ignorance and the thick darkness of the intellect2 fugitives from moral debasement1 and from that enforced pollution of body and soul that spares neither wife1 nor mother1 nor a daughter's innocence2 fugitives from the disruption of family ties1 and from the laceration of all human affections2 fugitives1 in fine1 from a heathenism of superstition and religious blindness into the glorious light of the gospel of ,jesus ,christ4 ,now this free class and this fugitive class belong ethnologically to the same race4 ,they speak the same language1 and wear the same distinctive characteristics of feature and of form4 ,all the unspeakable privileges1 all the sacred titles and immunities of the one class are enshrined in the same complexion and in the same contour of person that attend the debasement and privation of the other4 ,the vessels of honor and of glory are moulded into the same shape with the vessels of dishonor and of shame4 ,now1 after this debased class has been created by a wicked system of human laws1 and after it is mingled with the free class1 another law steps in and decrees that the former shall be remanded to their bondage4 ,an awful decree6 second in terribleness only to that which shall divide between the blessed and the accursed before the judgment-seat of ,god4 ,within the compass of human action1 there never was an occasion that demanded more unerring justice and wisdom1 that invoked more foresight and solicitude1 that appealed more touchingly to every sentiment and instinct congenial to liberty1 with which ,god has endowed and ennobled the soul of man1 so to devise the law1 if law there must be1 as not to involve the free in the horrible doom of the enslaved4 ,if1 in the administration of penal laws1 a knowledge of human fallibility has forced the maxim into existence and into practice1 that it is better that ninety-nine guilty persons should escape than that one innocent man should suffer1 ought not the same benign rule to be adopted in our legislation whenever there is a possibility of exposing the free to the fearful fate of the enslaved8 ,but instead of this jealousy and circumspection1 what have we8 ,a law whose first utterance abjures the distinction between freedom and bondage2 a law which brings the whole free colored population of the ,united ,states within the outer circles of the whirlpool of slavery1 that they may be ingulfed in its vortex2 a law which empowers every villain in the country1 by fabricating false testimony at his own leisure and convenience1 to use his own freedom in order to rob other people of theirs6 ,i aver1 that before any moral tribunal1 where right and wrong are weighed in the balances of the sanctuary1 there is not a felony described in the whole statute book that is more felonious than such a law4 ,it has become an axiom in the administration of justice1--an axiom slowly evolved by the wisdom of ages1 but now firmly established and incorporated into the jurisprudence of every civilized community1--that the ethical policy of the law will tolerate no rule of action that opens the door to fraud or crime1 but will even vacate solemn contracts between parties otherwise competent1 in its jealousy and apprehension of wrong4 ,hence the law applicable to common carriers1 which will not allow a man to exonerate himself from liability even by express notice1 lest opportunity should be given for collusion and fraud4 ,hence1 too1 the principle of law which forbids an insolvent debtor to pay1 or even to contract to pay1 a bona fide creditor in anticipation of bankruptcy4 ,now1 this principle applies with tenfold force to legislators1--withholding and repelling them from passing any law which may involve the innocent in the fate of the guilty1 or the free in the bondage of the enslaved4 ,but the law violates a still deeper principle than these4 ,i do not recollect the instance of a single northern man or northern press1 utterly false to freedom1 and venal as so many of them have been1 that has expressed entire satisfaction with the law4 ,they palliate it1 they strive1 by seductive party and pecuniary appeals1 to beguile men into its support4 ,they look outside of it for pretexts to hide its inherent baseness2 but not one of them1 so far as ,i know1 has had the effrontery to justify it on its intrinsic merits4 ,even those northern men who voted for it have sought refuge from the storm of righteous indignation that burst upon them1 by alleging that it was an essential ingredient in a system of measures1 and entered1 as a necessary element1 into a desirable compromise4 ,when this language is translated1 what does it mean8 ,simply this1 and no more4 ,california was admitted1 and thereby certain political and commercial advantages were gained4 ,this1 in legal language1 was the consideration4 ,the ,fugitive ,slave law was passed1 and thereby the rights of freemen1 the property of men in themselves1 all the household sanctities1 all the domestic endearments of half a million of men1 were put in peril4 ,this was the equivalent given6 ,a mere barter of the holiest interests for worldly advantages6 ,and these interests were given away by men who did not own them1 and therefore had no right to transfer them4 ,the whites1 north and south1 played a game1 and made the black people their stakes4 ,who authorized the law-makers to derive a benefit to themselves from doing this infinite wrong to others8 ,who gave them the terrible prerogative of making others suffer for their pleasure4 ,i say it with reverence1 but ,i still say it with emphasis1 that we cannot conceive of ,god himself as having power to inflict vicarious suffering without the free consent of the sufferer6 ,yet the atrocities of this law are defended by those who made it1 on the ground that they and other white men have secured benefits to themselves by sacrificing the liberty1 happiness and peace of half a million of their fellow-beings of a different color4 ,cause and counsellor are alike2 for the defence is as profligate as the act it defends4 ,i say1 sir1 it is the population of ,african descent in the free states which is specially put in peril by this law4 ,occasionally1 indeed1 persons of unmixed white blood are seized and enslaved under it4 ,these cases1 however1 are comparatively rare4 ,but suppose the reverse4 ,suppose circumstances to be such that the whole body of the white population should be as much endangered by it as the colored people now are4 ,suppose that not only the white voters themselves1 but their wives and their children1 were as liable to be 8,ingrahamed10 as the blacks2 suppose this1 ,i say1 and would the existence of the law be tolerated for an hour8 ,would there not be an uprising of the people1 simultaneous and universal against it1 and such a yell of execration as never before burst from mortal lips8 ,the name of every man who had voted for it1 or who should defend it1 would be entered upon that apostate list at whose head stands the name of ,judas4 ,christian and ,infidel1 ,jew and ,gentile1 would execrate it alike4 ,why1 then1 if they would do this to avert such peril from themselves and their families1 do they not do it when their sable brethren are in jeopardy8 ,alas6 there is but one answer6 ,from selfish considerations1 from the love of wealth1 or the love of power1 they have discarded that heaven-descended maxim1 8,whatever ye would that men should do unto you1 do ye the same unto them40 ,and it is this very class of men who have thus abjured the precepts of ,jesus ,christ1 who have trampled upon the divine doctrines of liberty and love1 that now so clamorously summon us to an obedience to law4 ,in answer to this call1 let me say1 that true obedience to law is necessarily accompanied and preceded by a reverence for those great principles of justice and humanity without which all law is despotism4 ,how can a man pretend to any honest regard for the principle of obedience to law when he is willing1 as in the case of this fugitive act1 to transcend our constitutional law1 and to invade the divine law8 ,it is but an appeal to the lower rule of action to justify a violation of the higher4 ,under the pretext of rendering unto ,csar the things that are ,csar's it denies to ,god the things that are ,god's4 ,and again1 a true reverence for law is a general principle1 and not an isolated fact4 ,it applies to all laws collectively1 and not to any one law in particular4 ,it bestows its greatest homage upon those laws that embrace and confer the most of human welfare2 for1 were all the laws of a community1 or the great majority of them1 unrighteous1 then disloyalty to law would be the virtue4 ,can the class of men who demand our allegiance to the ,fugitive ,slave law stand this test8 ,we have usury laws1 which not only carry the legal force of statutes1 but the moral power of the greatest names in legislation and in statesmanship4 ,are the men in ,new ,york1 in ,philadelphia1 and ,boston1 who are most vehement in support of the ,fugitive ,slave law1 signalized for their regard to the statutes against usury8 ,is not money lent in all those cities on the same principle that wreckers send a rope's end to a drowning man1--for as much as they can extort8 ,it is notorious that among the great body of merchants and capitalists in those cities1 interest is regulated by the pressure upon the money market1 and that no more idea of law mingles with their contracts than in ,california1 where there is no law on the subject4 ,we have laws restricting the sale of intoxicating liquors1 and designed to promote the glorious object of temperance4 ,for which practice have our cities been conspicuous1--for their obedience to these laws or for their violation of them8 ,a few years ago1 when a question of the constitutionality of a law of ,massachusetts for the restraint of intemperance arose1 did not its two distinguished senators appear in the supreme court of the ,united ,states1 and make the most strenuous exertions to annul the law of their own state1 and to open anew the flood-gates for overwhelming their own constituents in misery and ruin1--the selfsame gentlemen who are now so intolerant even of discussion8 ,look at the complaints which come to us every day from the friends of a protective tariff4 ,they tell us that our revenue laws are fraudulently and systematically evaded2 and they number the violations of these laws by thousands and tens of thousands4 ,who are the violators8 ,not men living in the country2 not the farmers and mechanics and laborers1--the substratum of our strength and the origin of our power2--but they are the city merchants1 the getters-up of 8,union meetings10 and the members of 8safety and vigilance committees10 who are so earnest in inculcating those lessons of obedience by their precepts1 which they have done so little to recommend by their example4 ,the ,southern ,states are loud in their calls upon us to execute the ,fugitive ,slave law4 ,but what examples have they set us on the subject of obedience to law8 ,i think ,i may be pardoned for mentioning a few cases1 to show how their preaching and practice tally4 ,in #ahca1 the legislature of ,georgia offered a bribe of five thousand dollars to any one who would arrest1 and bring to trial and conviction1 in ,georgia1 a citizen of ,massachusetts1 named ,william ,lloyd ,garrison4 ,this law was 8approved0 by ,william ,lumpkin1 governor1 on the #bfth ,december1 #ahca4 ,mr4 ,garrison had never stepped foot within the limits of ,georgia1 and therefore it was not a reward for his trial and conviction1 but for his abduction and murder4 ,at a meeting of slaveholders1 held at ,sterling1 in the same state1 ,september #d1 #ahce1 it was formally recommended to the governor1 to offer1 by proclamation1 the five thousand dollars appropriated by the act of #ahca1 for the apprehension of either of ten persons1 citizens1 with one exception1 of ,new ,york1 or ,massachusetts1 whose names were given2 not one of whom1 it was not even pretended1 had ever been within the limits of ,georgia4 ,the ,milledgeville1 ,georgia1 8,federal ,union10 of ,february #a1 #ahcf1 contained an offer of #aj1jjj for kidnapping ,a4 ,a4 ,phelps1 a clergyman of the city of ,new ,york4 ,the committee of vigilance1 7another 8committee of vigilance107 of the parish of ,east ,feliciana1 offered1 in the ,louisville ,journal1 of ,october #ae1 #ahce1 #ej1jjj to any person who would deliver into their hands ,arthur ,tappan1 a merchant of ,new ,york4 ,at a public meeting of the citizens of ,mount ,meigs1 ,alabama1 ,august #ac1 #ahcf1 the honorable ,bedford ,ginress in the chair1 a reward of #ej1jjj was offered for the apprehension of the same ,arthur ,tappan1 or of ,le ,roy ,sunderland1 a ,methodist clergyman of ,new ,york4 ,repeated instances have occurred in which the governors of slave states1--,virginia1 ,georgia1 ,kentucky1 ,alabama1 c41--have made requisitions upon the governors of free states1 under the second section of the fourth article of the constitution1 for the surrender of free citizens1 as fugitives from justice1 when it was well known that the citizens so demanded were not within the limits of the slave states at the time when the alleged offence was committed1 and1 in some instances1 had never been there in their lives1--high executive perversions of the constitution of the ,united ,states1 by chief magistrates who had sworn to support it6 ,for nearly twenty years past the post-office laws of the ,united ,states have been systematically violated in slave states1 the mail bags rifled1 and their contents seized and publicly burned2 and1 in some instances1 these violations have been enjoined1 under heavy penalties1 by a law of the states4 ,there are several of the slave states on whose statute books these laws1 commanding a violation of the post-office1 stand to-day4 ,during ,mr4 ,adams's administration1 a man by the name of ,tassels1 in ,georgia1 was adjudged to be hanged1 under a law of the state1 as clearly unconstitutional as was ever passed4 ,a writ of error was sued out from the supreme court of the ,united ,states1 in order to bring the case before that tribunal for revision4 ,but the state of ,georgia anticipated the service of the writ1 and made sure of its victim by hanging him extemporaneously4 ,within a few weeks past1--the accounts having but just now reached us1--an aged and most respectable individual of the name of ,harris1 a citizen of ,new ,hampshire1 has been tried by a mob in ,south ,carolina1 and tarred and feathered1 because he happened to have in his trunk a sermon which had been sent to him by one of his acquaintances1 a clergyman at the north2 though he had never showed the sermon to a single individual1 nor whispered a word of its contents4 ,another man1 a ,dr4 ,coles1 belonging to ,boston1 who had been lecturing on the subject of physiology1 was1 within a few days1 seized and carried before a magistrate1 in the same state1 his trunks rifled1 the private letters sent to him by his wife and family publicly read1 with the most indecent comments1 and all without any shadow of reasonable suspicion against him4 ,the unconstitutional imprisonment of northern seamen in southern ports is an occurrence so frequent1 and so universally known1 that ,i need not spend time to enumerate or to describe the cases4 ,the ,president of the ,united ,states has made proclamation1 and proffered the military and naval force of the ,united ,states1 to aid any southern slave owner in reducing his fugitive slave to a new bondage2 but ,i have not heard that he has made any similar proclamation1 or manifested any anxiety for the support of that part of the constitution which says that 8the citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states40 ,now1 with a few exceptions1 it is these very classes of men who violate the laws against extortion and usury2 who break down the barriers against the desolations of intemperance2 who1 almost alone of all our citizens1 are implicated in the breach of the revenue laws2 who annul the post-office laws of the ,united ,states2 who offer rewards for free northern citizens1 that they may get them in their clutch to lynch and murder them2 who demand free citizens as fugitives from justice1 in states where they have never been1 and who imprison free citizens and sell them into slavery2--it is these classes of men who are now so suddenly smitten with a new sense of the sacredness of law1 and of the duty of obedience to law1--not of the laws of ,god1 not even of the laws of man1 in general1 but of this most abominable of all enactments1 the ,fugitive ,slave law in particular4 ,i do not cite the above cases from among a thousand similar ones1 as any justification or apology for forcible and organized resistance to law by those who even constructively can be said to have given it their consent4 ,but the words of a preacher do not 8come mended from his tongue10 when his name is a scandal among men for his violation of all the precepts he enjoins4 ,and now1 sir1 when ,i am called upon to support such a law as this1 or to desist from opposing it in all constitutional ways1 while it lasts1 my response is1 repeal the law1 that ,i may no longer be called upon to support it4 ,in the name of my constituents1 and by the memory of that 8old man eloquent10 in whose place it is my fortune to stand1 ,i demand its repeal4 ,i demand it1-- ,because it is a law which wars against the fundamental principles of human liberty4 ,because it is a law which conflicts with the constitution of the country1 and with all the judicial interpretations of that constitution1 wherever they have been applied to the white race4 ,because it is a law which introduces a fatal principle into the code of evidence1 and into judicial practice1--a principle1 before which no man's liberties and no man's rights of any kind can stand4 ,because it is a law which is abhorrent to the moral and religious sentiments of a vast majority of the community that is called upon to enforce it4 ,because the life and character of so many of its apologists and supporters are themselves potent arguments against whatever they may advocate4 ,because it is a law which1 if executed in the free states1 divests them of the character of free states1 and makes them voluntary participators in the guilt of slaveholding4 ,because it is a law which disgraces our country in the eyes of the whole civilized world1 and gives plausible occasion to the votaries of despotic power to decry republican institutions4 ,because it is a law which forbids us to do unto others as we would have them do to us1 and which makes it a crime to feed the hungry1 to clothe the naked1 and to visit and succor the sick and the imprisoned4 ,because it is a law which renders the precepts of the gospel and the teachings of ,jesus ,christ seditious2 and1 were the ,savior and his band of disciples now upon earth1 there is but one of them who would escape its penalties by pretending 8to conquer his prejudices40 ,and1 finally1 ,because the advocates and defenders of this law have been compelled to place its defence upon the express ground that the commandments of men are of higher authority than the ordinances of ,god4 ,in ,hooker's sublime description of law1 when understood in its generic sense1 he says1-- 8,of law there can be no less acknowledged than that her seat is the bosom of ,god1 her voice the harmony of the world2 all things in heaven and earth do her homage1 the very least as feeling her care1 and the greatest as not exempted from her power2 both angels1 and men1 and creatures1 of what condition soever1 though each in different sort and manner1 yet all with uniform consent1 admiring her as the mother of their peace and joy40 ,now1 sir1 with these glorious attributes of 8law10 ,i say the ,fugitive ,slave law of the last session possesses not one quality in common1 nor in similitude4 ,to say that the seat of such a law is in the 8bosom of ,god10 is the intensest blasphemy4 ,to say that it is 8the harmony of the world10 is to declare that the world is a sphere of ubiquitous and omnipotent wrong1 uncheckered by any thought of justice1 and devoid of any emotion of love4 ,to say that 8all things in heaven do homage0 to such a law1 is to affirm of the realms of light what is true only of the realms of darkness4 ,the 8least0 do not 8feel its care10 but tremble and wail beneath its cruelty2 while the 8greatest0 and the strongest are 8exempt from its power20 for they made it not for themselves but for others4 ,to no class of 8creatures10 rational or irrational1 human or divine1 can it prove to be the 8mother of peace and joy20 but wherever it extends1 and as long as it exists1 it will continue to be an overflowing ,marah of bitterness and strife4 ,as the great name of ,hooker has been profanely cited in behalf of this law1 ,i will close by quoting his distinction between those laws of human governments which ought to be obeyed1 and those which ought not3-- ----8which laws10 says he1 8we must obey1 unless there be reason showed which may necessarily enforce that ,,the ,,law ,,of ,,reason ,,or ,,of ,,god ,,doth ,,enjoin ,,the ,,contrary40 ,,footnotes3 #bj ,such also is the law in ,louisiana4 ,see ,louis vs4 ,marot1 #i ,louis4 ,rep4 #dgc2 ,smith vs4 ,smith1 #ac ,louis4 ,rep4 #dda4 ,,speech ,,on ,,the ,,fugitive ,,slave ,,law1 ,,delivered ,,at ,,lancaster1 ,,massachusetts1 ,,may #ai1 #ahea1 ,,pending ,,the ,,canvass ,,for ,a ,,member ,,of ,,congress ,,for ,,the ,,fourth ,,congressional ,,district4 ,,fellow-,,citizens2 ,we are assembled on a great occasion and for a great purpose4 ,the election of a member of ,congress1 indeed1 is not an extraordinary event2 but it is extraordinary that principles of the most vital importance to the honor of ,massachusetts1 and to the cause of human liberty throughout the world1 should be involved in a local election4 ,such1 however1 is now the fact4 ,gentlemen1 the assertion and the recognition of the rights of man have made great progress among the nations of ,europe within the recollection of many who are now before me4 ,notwithstanding the partition of ,poland by allied robbers1 and the obliteration of that kingdom from the map of ,europe2 notwithstanding ,hungarian subjugation to ,austrian despotism1 and many other atrocious crimes against humanity1 such as nations only can commit2 for they are too vast and monstrous to be perpetrated by any individual1--,i say1 notwithstanding these facts1 the great fabric of human liberty has been rising in ,europe1 while the solid structures of despotism have been disintegrating and making ready for their fall4 ,but truth compels me to acknowledge that1 during the last three quarters of a century1 our course1 in this country1 has been downward4 ,while among the other nations of ,christendom the altar-fires of liberty have been kindling and burning with a brighter flame1 ours have been waning4 ,at the foundation of our government an institution existed amongst us utterly irreconcilable with the fundamental principles of the government itself4 ,but it was then limited in its extent1 and its spirit nowhere existed in great intensity4 ,even those who cherished it most were ashamed of it2 and in those provisions of the constitution which were designed for its temporary protection1 a common regard for decency forbade the mention of its name4 ,fatally to our own peace and honor1 that which was then regarded as temporary and local1 now threatens to be abiding and universal4 ,from speaking of slavery with hushed breath1 its bold abettors now shout forth its praises4 ,from providing for the extermination of the ,african slave trade1 they have converted the slave states into another ,africa1 this side the tropics2 and by the successful robbery of a neighboring republic1 they seek to create a new ,america1 so that the slave trade1 once abolished and declared piracy1 may be revived and legalized4 ,the ,middle ,passage is to be transferred from the ocean to the land4 ,maryland1 ,virginia1 ,kentucky1 c41 are to be the ,gold ,coast1 ,benin1 and the ,galinas2 the place of supply1 the place of demand1 and the highways of commerce between them are to be within our own borders and protected by the ,american flag2 and that horrid traffic which all the leading nations of ,christendom united in declaring to be a felony punishable with death1 is now to be maintained and defended amongst ourselves1 under penalty of death and a dissolution of the ,union4 ,nor does it suffice that the tide of slavery should rise and overflow the vast and uninhabited regions of the west4 ,it surges up against the free states themselves1 and all the dikes and barriers of that constitutional law which we have been enacting for seventy-five years1 cannot stay its flood4 ,we thought that ,massachusetts was the impregnable citadel of freedom2 but unconstitutional and inhuman laws1 dictated by slaveholders1 are now enforced amongst us1 and at our very doors2 and our services are commanded for their execution4 ,thank ,god1 there is a part of our people who1 while they suffer1 resist4 ,only a portion amongst us have reached that lowest depth of degradation1 where they surrender1 not their limbs only1 but their wills1 to the hateful service of their masters4 ,slavery has done its perfect work only when the soul is enslaved4 ,i rejoice to believe that we have not only seven thousand in this our ,massachusetts ,israel1 who have not bowed the knee to ,baal1 but seven hundred thousand2 and recent events foretell not only an increasing number1 but a more determined opposition4 ,why is it1 fellow-citizens1 that ,massachusetts stands first1 or among the first1 in #ahea1 in her hostility to the ,fugitive ,slave law8 ,i answer1 for the very reason that she stood first in her hostility to the encroachments of the ,british crown in #aggf4 ,and in less than seventy-five years from this time1 those who oppose and those who defend this inhuman law1 will stand1 historically1 as wide asunder1 and will share as high an honor or suffer as deep an ignominy1 as is now awarded to the lovers of freedom and the minions of power who lived at the era of the revolution4 ,let all young men beware not to be seduced by any temptations of immediate profit or mistaken honor1 to lift a hand in defence of this law4 ,if they do1 then1 before they have lived out half their lives1 they will be as ready as old ,cranmer to thrust the offending member into the flames1 and to say with him1 8,this hand1 this wicked hand1 has offended40 ,gentlemen1 we in ,massachusetts are a ,union-loving1 and law-abiding people4 ,mr4 ,webster and his 8retainers0 may spare their breath in exhorting us to abide by the ,union4 ,such a work1 in this commonwealth1 is a work of supererogation4 ,he knows1 and they know1 that the number of disunionists in this state can be counted on a man's fingers and toes4 ,whatever influence they exert must flow from their zeal1 their talents1 and their private character2 for they derive none from numerical force4 ,were they all to settle in one of our small towns1 they would be out-voted by its inhabitants4 ,i regard these ever-repeated appeals made to ,massachusetts men and to ,new ,england men to stand by the ,union1 as not merely obtrusive1 but as affrontive and insulting4 ,besides1 when a man undertakes the mission of going round the country1 preaching honesty1 or temperance1 or chastity1 he provokes the inquiry whether he is more honest1 temperate1 or continent than those whom he exhorts4 ,if the union of these states now is1 or has ever been verging towards a point of danger1 it is solely and only because ambitious men and mercenary men at the north have given it that direction by recognizing southern threats and bravadoes as realities1 and thus encouraging them4 ,let the greatest coward see that his threats are acknowledged as verities1 and he will adopt the cheap mode of threatening instead of the hazardous one of acting4 ,could the ,chinese have frightened away the ,british fleet by their battery of wooden cannon1 having the middle of the ends painted black for a muzzle1 they would have been fools to incur the expense of brass or iron4 ,but ,john ,bull did not care whether the cannon were of wood or of metal1 and at his first fire the ,celestials scampered4 ,but here1 when a few men in a few states pointed their wooden guns at us1 ,mr4 ,webster1 ,general ,cass1 and others1 for their own ambitious purposes1 cried out that the ,union was in danger4 ,i say1 then1 if the union of these states ever has been in any proximity to danger1 it was not from menaces uttered by the south1 but from northern indorsement of them4 ,if northern leaders had dishonored instead of indorsing this spurious paper1 it never would have got into circulation4 ,we are not only ,union-loving men1 but1 as ,i said before1 we are law-abiding men4 ,had this not been so1 not all the fleets and armies in the world could have carried ,thomas ,sims into bondage4 ,so intimately blended is the reverence for law with the very soul of our people1 that if you could convince them that a statute has legal force and is binding upon the conscience1 ,i verily believe our juries would give a verdict in favor of ,shylock1 though the pound of flesh which he claimed were to be carved from their own bosoms4 ,this side of a just cause for revolution1 they will yield submission to all laws enacted by the government1 with one single exception4 ,the exception ,i mean1 embraces those laws of men which are clearly contrary to the law of ,god4 ,and ,i trust the time is not now1 and never will be1 when the children of the ,puritans will obey any commandment of human origin if it conflicts with a divine command1 though they have to lie down in lions' dens or walk through furnace fires1 as the penalty of disobedience4 ,but with this sentiment of reverence for law is another sentiment1 which is its proper attendant and brother1--,i mean a desire and a determination to know what that is which is called law2 what it is that claims this prerogative of controlling the will and challenging the conscience4 ,it is in this spirit that they have discussed and mean to discuss the ,fugitive ,slave law1 and to bring it1 ,protestant fashion1 to the test of individual judgment and conscience4 ,i have no need to repeat to you the general provisions of this inhuman enactment4 ,no lover of liberty can read them without having their atrocious character burned into his mind ineffaceably4 ,you know that it assumes to dispose of the highest interests of human liberty1--the liberty of soul as well as the liberty of person2--and you know that it also assumes to dispose of the most precious interests of property1--the property that a man has in himself and in all his capacities of physical enjoyment and suffering as well as his property in his money or his goods2--without a single one of those safeguards and protections which the constitution of the country builds up like a rampart of defence around us all4 ,this enactment1 too1 is no theoretic affair2 it is no dead letter on the statute book4 ,it is a living monster1 uncaged and turned loose amongst us1 to rob and devour at its will4 ,now1 ,i have two objections to this law1 which absolve me from all obligations to execute it1 or1 in any way or manner1 to assist in executing it4 ,first1 ,i believe it to be contrary to the law of ,god1 which1 ,god helping me1 shall be the rule of my conduct1 though ,i should scatter political treasons as the autumn wind scatters leaves4 ,in his dread description of the judgment day1 ,jesus ,christ makes the distinction between saints and sinners to turn upon the fact1 whether they have fed the hungry1 clothed the naked1 and visited those who were sick and in prison4 ,and who so hungry as those who do not own1 and cannot own a morsel of bread8 ,who so naked as those who do not own1 and cannot own a shred of a garment to protect them from cold1 or from the lascivious eye8 ,and what confinement was ever so hopeless as southern slavery1 what prison was ever so deep as that prison-house which holds three millions of our fellow-beings within its melancholy walls1--them and their posterity forever8 ,he that refuses the common acts of hospitality to these victims1 when fleeing from their bondage1 denies his ,lord and ,master4 ,he that refuses them1 disobeys every precept of the ,savior1 and has no more right to call himself a ,christian1 than has the ,fejee islander1 when he rises from his cannibal banquet4 ,he is the ,levite who passes by on the other side4 ,and next1 ,i hold this law to be contrary to the constitution of the ,united ,states1 and therefore of no binding force upon my conscience or my conduct4 ,i do not mean to say by this that ,i shall make forcible opposition to it4 ,i take the ,quaker ground upon this subject2 ,i will not assist to execute it1 though ,i shall suffer it to execute itself on me4 ,the constitutionality of this law has been extensively discussed4 ,but there is this broad difference between the arguments of those who affirm and those who deny that it is constitutional4 ,those who deny it1 argue the question upon its merits1 upon principle1 upon those legal relations and analogies that so nobly characterize the ,english law on the subject of human liberty4 ,but those who affirm the constitutionality of the law1 base their argument upon technicalities and upon precedents1 and they cannot sustain themselves for a moment on any other ground4 ,they found themselves1 in the first place1 upon the statutory precedent of #agic1 which was an act passed with very little deliberation1 as its history shows1 and passed1 too1 when it was expected on all hands that slavery would soon die out4 ,in the next place1 they rely upon the judicial precedent of ,prigg's case1 which was made by a bench of slaveholding judges1 and some of the points which the court professed to decide did not arise in the case4 ,now the statutory precedent covers only a part of the case2 for some of the most hateful features of the law of #ahej are not to be found in the law of #agic2 and the supreme court has never passed upon the law of #ahej at all4 ,so two points are clear in the outset1 that the champions of the law cannot get along without the precedents1 and the precedents1 in several most important particulars1 fail them altogether4#ba ,this question has lately been discussed in our own vicinity4 ,the liberty of a resident of ,massachusetts1--a man every way entitled to a jury trial by our constitution and laws1 as much as you or ,i1--has been sacrificed by a ,united ,states commissioner in the city of ,boston4#bb ,he has decided in favor of the law4 ,you would naturally suppose that1 in order to shelter himself from the odium of such a decision1 he would put all personal and all collateral resources into requisition to make the case as plausible as ingenuity can make it4 ,it is said1 too1 that ,mr4 ,webster and ,mr4 ,webster's friends1 and the commissioner's friends have contributed of their strength to help the debility of the case4 ,while the cause was pending before him1 one of the points involved in it was brought before the supreme court of ,massachusetts1 and also before the circuit court of the ,united ,states4 ,the commissioner adjourned the case over after all the arguments of counsel were in4 ,he thereby gave himself an opportunity for preparation and for consultation4 ,i am taking no exception to all this4 ,i am glad it was done4 ,i suppose we now have the breadth and length and strength of what can be alleged in favor of the law4 ,i never feel so confident of my conclusions as when strong men have taken the opposite side1 and have failed to sustain it4 ,now1 to this decision of the commissioner1 made under such incitements1 and with such opportunities1 ,i propose to invite your attention4 ,the discussion may be dry1 but it will not be uninteresting2 for it involves matters as important as the liberty of the body and the liberty of the will1 and the liberty and life of the human soul4 ,it may be said that these are legal and constitutional questions1 and1 therefore1 that unprofessional men cannot understand them4 ,but most1 if not all the points which ,i shall bring to your attention1 are matters of intuition2 questions wholly within the jurisdiction of plain common sense1 and such1 therefore1 as can be decided by you as well as by lawyers or judges4 ,and if ,i can convince you of the inconclusiveness of some parts of this decision1 of the legal ,jesuitism of other parts1 and of the self-contradiction that pervades the whole1 you will not hesitate to set it aside1 not as null and void merely1 but as discreditable to the profession of the law1 and dishonorable to the ,state of ,massachusetts4 ,the first point which the commissioner discusses is1 whether in seizing1 by his warrant1 a man actually free1 in deciding1 by his judgment1 the exact question1 whether that man were a slave1 and in sending him1 by his certificate1 where the lash and the law of slavery apply to his body and his spirit1 he were exercising 8judicial power10 as conferred by the constitution of the ,united ,states upon such courts as ,congress should establish4 ,he at first decides that he does not exercise such power4 ,this was well2 for he knows that he was never appointed1 nor commissioned1 nor sworn1 nor is paid1 nor removable from office for mal-conduct1 as is prescribed by the constitution in the case of judges4 ,badly heroic as he was1 in fact1 in exercising jurisdiction over a human being1 and delivering him over into hopeless and irremediable bondage1 he was not mad enough to arrogate1 in terms1 the prerogative of 8judicial power40 ,but what says his superior1 the attorney-general of the ,united ,states8 ,in an elaborate opinion1 given by order of the ,president of the ,united ,states1--an opinion which1 as ,i suppose1 passed under the supervision of the whole cabinet1 and therefore may be presumed to have the authority of ,mr4 ,webster and the other constitutional advisers of the ,president1 and which certainly had the sanction of the ,president himself1 for he acted upon it1--in this opinion the attorney-general says1-- 8,these officers1 the commissioners1 and each of them1 have judicial power1 and jurisdiction to hear1 examine1 and decide the case40 8,the certificate to be granted to the owner is to be regarded as the act and judgment of a judicial tribunal1 having competent jurisdiction40 8,congress has constituted a tribunal1 with exclusive jurisdiction to determine summarily1 and without appeal1 who are fugitives from service40 8,the judgment of the tribunal1 created by this act1 is conclusive upon all tribunals40 ,now1 which is right1 the attorney-general1 with the ,president and his cabinet as indorsers1 or ,mr4 ,commissioner ,curtis8 ,i submit to you that the former were clearly right1 so far as this1--that when the constitution declares that 8no person shall be deprived of life1 liberty1 or property1 without due process of law10 7which imports a trial by jury17 then neither ,adam ,gibson1 nor ,thomas ,sims1 nor any other alleged fugitive can be so deprived1 without trial by jury1 and the judgment or sentence of the 8judicial power0 thereupon4 ,the following position has never been answered1 and ,i think never can be1 namely1 that if a resident of ,massachusetts can be deprived of his 8liberty and property10 without a trial by jury and a judgment of a court1 then he may be deprived of his life also2 for 8life1 liberty1 and property0 are secured in the same section1 in the same sentence1 and by the same safeguard4 ,the attorney-general held that1 as the power exercised by the commissioner was a 8judicial power10 it deprived the party of all benefit from the habeas corpus4 ,and there was some plausibility in this1 though1 ,i think1 no soundness4 ,but our defenders of the law hold that this sending of a man into bondage is not a part of the 8judicial power10 and yet that it deprives him of all benefit of the habeas corpus4 ,that is1 they hold that a man may be deprived of his liberty and property1 7and of course of his life17 by a ministerial proceeding1 not having its origin in any court1 and not to be prosecuted to final judgment in any court1 and yet that all the courts in the land1 competent to furnish relief in any other case1 can afford none in this4 ,if this be true1 if a proceeding1 held and acknowledged by the officer who initiates and conducts it to be a ministerial proceeding1 not originated by a court1 and never to be carried before a court1 does thus take away the trial by jury1 and the security of having one's liberty and property adjudicated upon by a 8court10 and renders the writ of habeas corpus an empty form1 then1 indeed1 we may bid 8farewell1 a long farewell0 to all our liberties4 ,an unprincipled majority of ,congress has only to pass a law that any man may be imprisoned or hanged on an executive warrant1 and that the hireling marshal or commissioner shall suffer no 8molestation by any process issued by any court1 judge1 magistrate1 or other person whomsoever10 and despotic power will be enthroned here as effectually as it ever was in ,england in the bloody days of the ,stuarts4 ,jeffries was at least a judge1 though he acted like a commissioner4 ,who could have imagined1 eight months ago1 that a ministerial proceeding could put a citizen beyond remedy or reach of our courts8 ,i now come to a position in the commissioner's argument which is not only transparently fallacious1 but is contradicted by himself1 in the same opinion1 again and again4 ,i shall offer a series of objections to it4 ,the point was pressed upon him by counsel that he was exercising 8judicial power40 ,to maintain this1 a passage was quoted from ,prigg's case1 in which the court say1 8,a claim made by the owner out of possession for the delivery of a slave 444 constitutes1 in the strictest sense1 a controversy between the parties1 and a case arising under the constitution of the ,united ,states1 within the express delegation of judicial power1 given by that instrument40 ,can any thing be more explicit and conclusive1 to prove that the commissioner was then presuming to exercise a part of the 8judicial power0 conferred by ,congress exclusively upon courts8 ,and how does he answer it8 ,in this way1 and in this way only4 ,he says the court decide two points3-- ,first1--,that a claim for a fugitive slave is a case arising under the constitution of the ,united ,states1 and so within the grant of 8judicial power0 as given by the constitution2 and ,second1--8,that being such a case1 belonging to the judicial power of the ,union1 it was for ,congress to regulate and prescribe the remedy1 the form of proceedings1 and the mode and extent in which the judicial power of the ,union should be called into activity40 ,he then declares his full admission of both these propositions4 ,and how does he answer the first one1 which1 at a blow1 unseats him from his usurped bench8 ,he says1 8,the counsel for the prisoner have insisted most strenuously on the first of these positions1 but have said nothing with regard to the second40 ,and what need had the counsel to say any thing about the second1 the first being admitted8 ,the supreme court had said1 and he acknowledged it1 that every case like the one then before him was a 8case arising under the constitution of the ,united ,states1 within the express delegation of judicial power given by that instrument40 ,this was equivalent to saying that it was a case which could not be adjudicated upon by a commissioner1 because a commissioner is not a judge1--is no court nor part of a court4 ,the plain statement of the commissioner's language is this3 ,the supreme court declare that ,i have no jurisdiction in this case2 but because the counsel said nothing about another point to be found in the opinion of the court1 therefore ,i will take jurisdiction4 ,but again2 this reply of the commissioner1 that the counsel said nothing about the second point1 7when he had acknowledged the validity of the first1 which was fatal17 is not merely an evasion2 it is founded upon a false meaning attributed by him to the second point4 ,he says the court held that it was 8for ,congress to regulate and prescribe the remedy1 the form of proceedings1 and the mode and extent in which the judicial power of the ,union should be called into activity40 ,suppose it was for ,congress to do this4 ,might they not transcend their power when doing it8 and does not his admission of the first point prove that they have transcended their power8--the very point then in question4 ,the two things cannot stand together4 ,if the trial of the issue1 8fugitive slave or not10 be1 8in the strictest sense10 8within the express delegation of judicial power given0 by the constitution1 then this ministerial commissioner cannot exercise it1 and ,congress cannot empower him to exercise it4 ,besides1 the decision of the court was made in #ahdb4 ,the law1 whose constitutionality they had then under discussion1 was passed in #ahej4 ,did the court in '#db declare1 or could they declare1 that any law thereafter passed by ,congress on this subject should be held constitutional8 ,did their decision act prospectively1 and adjudge a law to be constitutional1 which was to be passed eight years afterwards8 ,so far from this1 the points then under discussion1--namely1 the power of a commissioner to adjudge a case more important than life or death1 and the obligation of a commissioner to hear ex parte evidence1 and to be concluded by it when heard1--these questions did not come before the supreme court in '#db1 and have never been before the supreme court at all4 ,but because that court had said1 years before1 that it belongs to ,congress to prescribe the mode of recovering fugitive slaves1 therefore1 says the commissioner1 if ,congress should vest this power in commissioners1 7and in slave traders or pirates just as well17 it would be valid4 ,and because the counsel did not answer this point1 the commissioner decides an admitted point1 conclusive in their favor1 against them4 ,but this is not all4 ,after declaring1 in the first part of the opinion1 his full conviction that the delivery of an alleged fugitive comes within 8the express delegation of judicial power10 he uses1 farther on1 the following language3 8,it would seem10 says he1 8that it only remains to inquire whether the act of #ahej authorizes or requires any thing more than a summary ministerial proceeding in aid of the right secured by the constitution1 namely1 the right of removal40 ,and he holds that it does not4 ,the act which1 in the first part of the opinion1 was acknowledged to belong1 8in the strictest sense10 to the 8judicial power10 has now ceased to be 8any thing more than a summary ministerial proceeding40 ,and again he says1 8,i have endeavored1 in the foregoing discussion1 to show that this is a summary ministerial proceeding10 c4 8,if this be so1 and ,i can entertain no doubt that it is10 c4 ,this sudden transmigration from a judge to an executioner1 from one who acknowledged that the delivery of an alleged fugitive is an act of 8judicial power10 to one who holds that it is ,,not 8any thing more than a summary ministerial proceeding10 may suit a disciple of ,pythagoras1 or the priests of the ,hindoo religion1 but it ill becomes an expounder of ,american jurisprudence4 ,i proceed to another point in the commissioner's decision1 namely1 the nature and authority of 8judicial power20 and when ,i have discussed it1 ,i shall submit to your good sense whether ,i do him any injustice in saying that it is most perspicuously fallacious and lucidly absurd4 8,in all governments formed upon the ,english model10 says he1 8there is a certain class of inquiries1 powers8 judicial in their nature1 but which are confided to officers not constituting a part of the judiciary1 strictly so called40 7,i do not like this substitution of the word 8inquiries0 for 8powers40 ,if any thing under heaven should be called a power1 the prerogative of sending a human being1 presumptively free1 into bondage1 is surely one47 ,he then instances certain officers in ,great ,britain1 who1 though not judges1 perform1 as he says1 certain judicial functions4 ,a brief remark will suffice for this4 ,great ,britain1 having no written constitution1 the current of its legislative enactments and its judicial decisions makes its constitution4 ,if1 then1 it has been the prevailing practice of that government to confer any given description of powers upon any given class of officers1 then that is what the ,british constitution allows and approves4 ,but we have a written constitution1 and therefore are not to tolerate a law1 7as in the case of this ,fugitive ,slave law17 which is repugnant to its fundamental provisions4 ,by this constitution1 all legislative powers therein granted are vested in ,congress2 executive power in a ,president1 and judicial power in the courts4 ,the constitution of ,massachusetts is equally explicit4 ,it says1 8,in the government of this commonwealth the legislative department shall never exercise the executive and judicial powers1 or either of them2 the executive shall never exercise the legislative and judicial powers1 or either of them2 the judicial shall never exercise the legislative and executive powers1 or either of them2 to the end it may be a government of laws1 and not of men40 ,in both these constitutions1 the three functions of government1 namely1 to legislate1 to adjudicate1 and to execute1 are expressly recognized2 and the whole of their distinctive powers are lodged in separate departments4 ,no mention is made of any hybrid or mongrel class1 half judicial and half executive1 or half ministerial and half judicial1 or compounded of aliquot parts of each4 ,such an officer1 under either constitution1 would be a monster2 he would hold the same relation to their legitimate functionaries that ,caliban does to the human race2 and1 if created for executing the ,fugitive ,slave law1 that half devil and half beast would be the fitting prototype4 ,the commissioner professes to have found a class of cases1 both under our state and national constitutions1 where powers1 8judicial in their nature1 and special in their purpose1 may be confided to the determination of officers who are not judges40 ,on this point he has expended himself4 ,here lay the pressure and travail of his case4 ,seeing that1 in deciding the great issue before him1 8slave or free10 he was exercising judicial power1 and in ordering an armed force to convoy the victim to his house of bondage he was exercising ministerial or executive power1 7thus blending the functions which both constitutions have separated17 the commissioner felt that he must find some analogy or some precedent to cover up this obvious violation of all principle1 or his argument was in ruins4 ,it is in ruins2 for he has found no such precedent1 and cannot find any4 ,the instances he cites from ,massachusetts are1--#a4 ,sheriffs1 who may preside over juries when assessing damages for laying out highways1 and may decide such questions of law as arise on the trial2 #b4 ,auditors1 who may examine vouchers and state accounts between parties1 and make report thereof to the court2 #c4 ,commissioners of insolvency1 appointed to distribute insolvent estates2 and1 #d4 ,county commissioners1 who lay out highways4 ,now1 nothing can be clearer than that1 in no one of these cases does the officer named exercise 8judicial power40 ,indisputably1 universally1 and necessarily1 by force of the phrase itself1 the term 8judicial power0 embraces the idea of a power whose decision can be enforced in invitum2 that is1 against an unwilling1 contesting1 resisting party4 ,the sublime power of a court becomes nothingness1 and is ridiculous1 if its decrees cannot be executed to the very death of the party against whom they are made4 ,for this purpose1 they are backed by all the civil power of the state2 and should this prove insufficient1 they are backed by all the military power of the state2 and1 even beyond this1 by the whole military and naval power of the ,united ,states4 ,without this1 judges are but puppets1 or no better than 8men in buckram40 8,judicial power0 does not consist in a sheriff's presiding over a jury1 nor in an auditor's casting up accounts1 nor in a commissioner's ciphering out the dividends of an insolvent's estate1 nor in county commissioners' laying out roads2 but it consists in entering up a judgment which has the armories at ,springfield and ,harper's ,ferry1 which has the standing army and militia of the ,united ,states1 which has fifty line-of-battle ships1 which has the treasury of the nation1 to back it1 and to visit with death one man1 a thousand men1 or a hundred thousand men1 if need be1 who shall confront it with resistance4 ,look1 fellow-citizens1 at this wretched sophistry4 ,the sheriff must make return of the verdict of the jury to the court of common pleas1--which is a ,,court1--and if either party suggests good grounds of dissatisfaction1 the whole proceeding is a nullity1 and the investigation must be made again2 and again and again1 and ten times again1 until every act and letter of it become unexceptionable4 ,the auditor must make his report to the court that appointed him1 and if the court see cause1 they set aside both it and him4 ,the acts of the commissioners of insolvency derive all their validity from the consent of the parties1 or from the judgment of a court1 which substitutes the force of law for consent4 ,and no act of the county commissioners1 in taking a man's land1 is worth the paper it is written on1 until the verdict of the jury is returned to the court of common pleas1 and there formally accepted and recorded4 ,nay1 every intelligent farmer in the country knows the fact1 that though the commissioners have laid out a new road1 or ordered an old one to be shut up1 still1 if a party1 feeling himself aggrieved1 demands a jury1 the former cannot be worked1 nor the latter closed1 until the court of common pleas shall have passed upon the proceeding and ratified it4#bc ,if1 however1 in all the above cases1 the parties in interest consent to the acts of sheriff1 auditor1 or commissioner1 then those acts become binding1 by virtue of such consent4 ,the party consenting is afterwards estopped from questioning them4 ,but they derive no authority from any 8judicial power0 vested in the officers performing them4 ,we have a case more exactly in point1 and better illustrating the principle1 in the fourth section of the ninety-seventh chapter of our ,revised ,statutes1 where it is provided1 that 8in actions upon promissory notes and other contracts1 where the amount due appears to be undisputed1 the debt or damages may be assessed and ascertained by the clerk1 either under a general order of the court1 or by a special reference of the case to him2 and the judgment1 in either case1 shall be entered in the same form as if it had been awarded by the court1 on an assessment or computation made by themselves40 ,yet who will pretend that this act of the clerk1 which is performed only where there is no dispute between the parties1 emanates from any 8judicial power0 in that officer8 ,the instances cited under the ,united ,states constitution have1 if possible1 still less plausibility4 ,the commissioners appointed by the courts can initiate certain proceedings1 by holding parties to trial1 c41 but this function is no more judicial than that of the grand jury in finding an indictment4 ,it is a preliminary to a judicial act1 but not such an act4 ,the commissioners are not even required to be sworn1 and1 in many instances1 it is known they are not sworn4 ,so of the case of which so much is attempted to be made1--that of the commissioner of patents4 ,any party feeling himself aggrieved by any of his decisions can appeal directly to the courts of the ,united ,states for redress4 ,compare all this with analogous instances in the legislative department of government4 ,the legislatures of most of the states have created commissions to revise their codes of statute law4 ,massachusetts has had several such4 ,our revised statutes are a monument of the labor of one of these commissions4 ,but were they legislators8 ,was their proposed code of any validity until enacted by the ,senate and ,house of ,representatives8 ,just as much as the acts of sheriff1 auditor1 or commissioners of the different kinds1 were acts of judicial power1 and no more4 ,are the selectmen of our towns legislators1 because they decide1 in the first instance1 who are elected as members of our ,house of ,representatives8 ,are our governor and council legislators1 in both the state and national governments1 because1 on an examination of votes transmitted to them by the selectmen1 they issue certificates of election to our state senators and to the members of ,congress elect8 ,do they exercise any part of that power which makes 8each house the judge of the elections1 returns1 and qualification of its own members08 ,just as much1 ,i reply1 as sheriff1 auditor1 commissioner1 or clerk1 does of 8judicial power40 ,they perform acts preliminary or antecedent to legislation1 but no legislative act2 just as the above-named classes of officers perform acts preliminary or antecedent to judicial decisions1 but never1 in any case1 the authoritative and compulsory judicial act itself4 ,the strength1 or rather1 the weakness1 of the commissioner's argument1 on this point1 consists in the obtrusive1 projecting1 self-shouting fallacy of using the exact1 technical1 constitutional phrase1 8judicial power10 as synonymous with the popular expression1 8a judicious act10 or 8the exercise of judgment40 ,officers of all kinds exercise 8judicial power10 in this broad and popular sense of the phrase2 that is1 they perform acts requiring good judgment4 ,umpires1 arbitrators1 and referees perform acts precisely like those of judges1 but they cannot put the whole physical strength of the government in motion to enforce them4 ,so sheriffs decide upon the identity of the party named in their precepts2 postmasters1 to whom they shall deliver letters1 and what postage they shall demand2 custom-house officers1 upon the nature and value of dutiable goods2 assessors1 in levying taxes2 parents and teachers1 on matters of discipline1 c41 c4 ,in a popular sense1 they may all be said to exercise judicial power2 but no particle of that power which1 by the fundamental law of our government1 is vested in the 8courts40 ,their acts are all examinable by the courts4 ,they cannot set the arm of the government in motion to execute their judgments4 ,indeed1 the whole argument of the commissioner on this point is but a play upon words4 ,it is only a trick of verbal legerdemain4 ,the premises he starts with are unknown to the constitution1 and the conclusion he comes to is abhorrent to humanity4 ,does not every body see that1 in order to make the cases parallel1 in order to obtain any legitimate ground of comparison between them1 ,sims should have had the same power of appealing from the commissioner's decision1 to a court1 which power of appeal belongs of right to a party who feels aggrieved by the act of sheriff1 auditor1 or commissioner2 and that the certificate should bind him only by his voluntary assent8 ,but there is another point in the commissioner's opinion which is worthy to be companion to this4 ,i proceed to consider it4 ,he repeats1 and keeps repeating1 that his decision1 dooming ,sims to all the horrors of bondage1 and putting him under the control of a man who claims title to his body and his soul1 to be carried into a jurisdiction where such titles are acknowledged1 is not 8,,final40 ,it is not final1 he says1 because if ,sims be free1 he may extort that freedom from the laws of ,georgia which has been denied to him by the laws of ,massachusetts2 that is1 if the judgment which the commissioner is giving against a free man1 in a free state1 is a false judgment1 he may go to a slave state to obtain redress1--which is ten thousand times worse than if a jury1 in a capital case1 should say1 ,we may find this prisoner guilty2 for if he be wrongfully hanged1 ,god will make him amends4 ,besides the inhumanity of this position1 it contains a fallacy which is twin-brother to the one just considered4 ,the judicial word1 8final10 has a legal1 technical1 and certain meaning4 ,in the courts1 and in the law books1 it means the last judgment in a judicial proceeding4 ,it means that judgment from which a party cannot appeal1 though he may ever so much desire it2 or it means that judgment1 after which1 however dissatisfied the party may be1 he cannot have his cause retried or reheard by a court1 but is compelled to submit4 8,final judgments10 says ,blackstone1 8are such as at once put an end to the action40 ,this is a precise description of the judgment rendered by the commissioner against ,sims4 ,that victim resisted by prayers and tears1 by the subduing eloquence of his counsel1 and by their irresistible logic1 which the commissioner has never yet begun to answer4 ,but the self-constituted judge was inexorable4 ,though he knew that1 according to the terms of the ,fugitive ,law1 there was no escape from his decision2 though he knew that his certificate was to protect the man-hunter from all 8molestation by any process issued by any court1 judge1 magistrate1 or other person whomsoever10 yet1 like ,pilate1 he washes his hands and says1 8,i am innocent of this man's blood1 see ye to it20 for my decision is not 8final40 ,and why8 ,because1 in another jurisdiction1 in another suit1 where the plaintiff is to be defendant1 and the defendant plaintiff1 or perhaps against another party2 in a place1 too1 where all the common-law presumptions in favor of freedom are reversed2 where the law is different1 and the rules of evidence are different2 and where the respondent himself is reduced to the condition of a chattel and a brute1 a decision1 at some indefinite future period1 may be had that the man1 whom the commissioner now declares to be a slave1 is free1 and has always been so4 ,because of this future and contingent event1 because of this almost impossible possibility1 the commissioner's decision is not final4 ,i deny this4 ,the decision is final1 because1 as ,blackstone says1 it 8at once puts an end to the action40 ,but let us test the question1 not only by its legal definition1 but by its actual effects4 ,it decides that ,sims is a slave4 ,it decides that he owes service to ,james ,potter4 ,it decides that ,potter and his heirs and assigns forever are the lawful owners of ,sims and the heirs of his bondage forever2 and when ,sims and his posterity shall be scourged1 torn1 flayed1 mutilated1 starved1 the only consolation which the commissioner has for him and them is1 ,shall the clay say to the ,potter that fashioneth it1 ,what makest thou8 ,it not only decides that ,sims is a slave1 and that he shall be sent to ,georgia1 but it sends familiars1 like those which once disgraced even the purlieus of the ,inquisition1 to see that the devilish deed is done4 ,the whole argument of the commissioner1 that this act of his is not final1 is founded on a quibble1--on the use of the legal word 8final10 as though it were synonymous with the popular word eternal or perpetual4 ,the slavery of ,sims may not be eternal or perpetual2 because1 by some miracle of ,god1 or otherwise1 he may escape4 ,but in a technical and juridical sense the decision of the commissioner is final2 and he might as well doom a man to be hurled from the ,tarpeian rock1 and say that the act is not final1 because he only commits the victim to the laws of gravitation1 as he has committed ,sims to the laws of ,georgia4 ,if by any possibility this doctrine1 that the decision is not final1 could be for a moment sustained1 then ,i will submit a case with which to compare it4 ,the constitution says1 8,no state shall pass any law impairing the obligation of contracts40 ,here we have a constitutional basis1--the same as for the reclamation of fugitive slaves4 ,some states have passed laws impairing the obligation of contracts1 as the stop-laws of ,kentucky1 and so forth4 ,suppose a ,massachusetts creditor to claim to have a ,kentucky debtor1 whose contract has been so impaired4 ,could ,congress1 in order to give efficacy to this constitutional provision1 authorize this pretended creditor to go to ,kentucky1 seize enough of the alleged debtor's property to satisfy the alleged debt1 and carry it home1 or have it ordered home by a magistrate1 under some 8summary0 process1 which1 on its face1 excludes the trial by jury2 and thereby debar the supposed defendant of all right under that provision of the constitution which gives a jury trial when the value in controversy exceeds twenty dollars8 ,and could the ,kentucky magistrate1 in the supposed case1 deny the jury trial on the ground that the proceeding before him was not 8final10 because the defendant might follow the plaintiff to ,massachusetts1 and there institute an action of replevin1 trespass1 or trover1 to try1 before a jury of the country1 the right of the former plaintiff to the property he had seized8 ,the commissioner says much in different places1 with the apparent hope of showing that the proceeding before him was only for what he calls a 8limited and special purpose10 namely1 8removal40 ,i confess myself unable to understand why the certificate of the commissioner is any more restricted to a limited and special purpose than any judicial act1 sentence1 or execution1 of any court whatever4 ,the commissioner declares a prima facie freeman to be a slave4 ,he declares that ,james ,potter owns ,thomas ,sims1 and the posterity in his loins forever2 or that ,thomas ,sims and his posterity forever1 owe service to ,james ,potter and his heirs and assigns forever4 ,does this 8forever0 limit the meaning of the certificate1 as to time8 ,if so1 then a general or unlimited award or execution1 against ,sims1 as contradistinguished from this limited and special one1 must extend and run into the next world4 ,when our courts decide that one man owes another man money1 they award execution against his property1 with certain humane exemptions as to clothes1 furniture1 provisions1 school books1 ,bible1 c4 ,but when this commissioner decided that ,sims owed ,potter service1 he awarded a certificate against the adjudged debtor1 which made no exemption whatever2 but included property1 clothes1 books1 skin1 flesh1 heart1 brain1 soul1 and all that was in him1 or of him1 with all appurtenances and appendages1 present emblements1 and future increase4 ,yet1 according to the commissioner1 the first judgment is a common or general one2 the last 8special and limited40 ,under our old laws1 7and under the laws of some states yet17 courts could sentence offenders to the barbarous punishment of flogging4 ,but they were and are bound to specify the number of lashes4 ,this is general4 ,the commissioner delivers over a slave to be flogged by his master1 ad libitum1 and in perpetuum1 to be flogged in his own person1 and to be flogged in the persons of his children1 and their posterity1 in secula seculorum4 ,the defined flogging of thirty-nine1 or such other number of lashes as can be computed1 the commissioner calls general or indefinite4 ,but the incomputable number of lashes2 the vast1 unknown1 algebraic quantity2 the infinite series2 that which ,newton with all his mathematics could not compass1 nor ,rosse with his telescope see the end of1--that is 8special and limited40 ,the taking of a limited amount of a man's property1 carefully set down in dollars and cents1 both in the text and in the margin of the execution1 the commissioner calls a general purpose4 ,but the robbing of a man1 not only of all he has earned1 but of all his capabilities of earning as long as he breathes1 with full authority to do the same thing to his posterity to the latest generation1 this is 8special and limited40 ,to sentence a man to be hanged by the neck till he be dead1 though with privilege of priest1 prayer book1 and ,bible1--this1 too1 is general and proper2 though in ,massachusetts it can be done only by a majority of the judges of the supreme court4 ,but to send a man to be worked to death in five years on a sugar plantation1 where his being taught to read the gospel of ,jesus ,christ is a felony1--this is 8special and limited10 and so may be done by any hireling commissioner who will do what ,judas did for one third part of his silver pieces4 ,fellow-citizens1 ,i submit to any man1 clerical1 legal1 or lay1 who is capable of appreciating moral distinctions1 whether this whole doctrine1 about delivering a man up as a slave1 and putting him bodily into the hands of the claimant1 and thrusting him into slave jurisdiction1 under the pretext that it is done only for the special and limited purpose of removal1 be not atrocious4 ,it is more like a forgery than an argument4 ,assumed learning and logic never practised a greater imposition upon themselves1 nor attempted a greater one upon others1 than when they fabricated this notion1 that adjudging a man to be a slave1 stripping him of his liberam legem1 that is1 of all his rights and immunities as a citizen1 and delivering him into actual bondage1 is 8for a special and limited purpose of removal10--only to give him a voyage1 or a pleasure excursion of a few hundred miles1--out1--but not back4 ,when the successor of ,st4 ,peter1 claiming to hold the keys of heaven1 and to have death and hell for his ministers1 excommunicated whole sects and peoples1 and delivered them over to the great soul-hunter1 and sent his familiars with them to see that the 8claimant0 suffered no 8molestation0 while conveying them to the bottomless pit1 he might as well have said that he did it only for a 8special and limited purpose40 ,it was not damnation1 it was only 8removal40 ,and do you suppose the devil1 could he have got possession of those outcast souls1 would have cared any more under what pretence the great pontiff commissioner made the delivery1 than does the southern slaveholder1 when he gets possession of a man of whom he can make a slave8 ,this fallacy about the 8special and limited purpose of removal0 did not originate with ,mr4 ,commissioner ,curtis4 ,i exculpate him from that guilt4 ,he only adopted it and gave it a 8bad eminence0 by making it1 in part1 the basis of his decision4 ,but henceforth let the people brand it4 ,let them classify it and denounce it1 and detest it1 as belonging to that impious and blasphemous kind of arguments by which our first parents were beguiled1 when ,satan told them that1 though they sinned against ,god1 they should not die2 or by which ,mr4 ,webster cajoled and cozened so many honest men1 when he assured them1 that though they should violate the moral law1 by opening all the territories to slavery1 yet some physical law of geography or the weather would avert the penalties4 ,in the absence of all decent materials for an argument1 the commissioner resorts to that ten times exploded position1 that there is an analogy between fugitives from justice and fugitives from service4 ,where could he find a bandage of prejudice thick enough to blind him to the distinction1 that the condition of delivering up the former is that he be charged with crime1 while the condition of delivering up the latter is that he be held to labor1 and that he owes service8 ,how can it be said that a man owes service1 until the fact of the indebtedness be proved8 ,such reasonable suspicion of guilt as justifies a grand jury in finding a bill of indictment is sufficient in the one case1 but such positive proof as would require the court to enter up judgment and award execution is absolutely necessary in the other4 ,the government demanding a fugitive from justice seeks possession of him for a trial1 before a court and jury1 of the question of criminality2 but the claimant of an alleged fugitive from service seeks possession of him to avoid a trial1 before a court and jury1 of the question of freedom4 ,the constitution requires that every person accused of crime shall be tried in the state and district where the crime shall be charged to have been committed2 but it makes no such provision in regard to the alleged fugitive from service2 and this injunction in the one case1 and omission in the other1 create the irresistible inference1 that there is a difference between them1 and that the alleged fugitive from service1 according to all the analogies of the common law1 is to be tried where he is found4 ,but there is one distinction which is broad enough and luminous enough to make a blind man see it4 ,an alleged fugitive from justice is not adjudged to be a criminal previous to delivery1 nor is he made a criminal1 in the eye of the law1 by the act of delivery4 ,but the alleged fugitive from service is adjudged a slave1 and made a slave by the certificate of the commissioner4 ,the state receiving a fugitive from justice does not proceed forthwith to punish him4 ,but the receiver of an alleged fugitive from service owns him1 and may proceed to control him1 and beat him1 and rob him1 and starve him1 on the very instant that the commissioner puts the certificate into his hands4 ,if any one cannot see this distinction1 no act of the moral oculist can give him sight4 ,the papers inform us that when ,sims was landed in ,savannah1 he was taken to jail and received the 8usual reprimand10 which1 as every body knows1 is a flayed and blood-streaming back4 ,by whose certificate was the nine-thonged cat laid on8 ,had he been a murderer or a pirate1 would excoriation have been the first act of welcome on his arrival8 ,no6 ,murderers and pirates would have had a jury4 ,the law is beneficent to them2 it saves its terrors for the slave4 ,a man who will not see such a distinction as this1 would excite no pity should he be made to feel it4 ,in treating this topic1 the commissioner makes one assertion that seems insane4 ,he says that1 to authorize the delivery of a fugitive from justice1 in order to his removal1 8it must be proved that he has committed a crime40 ,such a declaration was never made before1 and ,i do not believe it will be ever made again4 ,you could not find a lawyer south of ,mason and ,dixon's who would venture to say this4 ,every body knows that the supposed criminal needs only to be charged with crime4 ,it is the alleged slave who must be proved to be held to service before he can be constitutionally surrendered4 ,but as though this was not absurd enough1 the commissioner goes on to say1 that though the alleged fugitive from justice must be proved1 in the place where he is taken1 8to have committed a crime10 yet1 after his removal1 he must be proved again to have committed it4 ,how can a man be proved1 in any legal way1 to have committed a crime1 without being confronted with the witnesses against him8 ,why1 after having been so proved1 is he put upon trial again8 ,as to all the commissioner says in denial of the right of trial by jury1 ,i shall make but one or two remarks4 ,i have argued that question elsewhere2 and1 until ,i see some answer to that argument1 ,i have no occasion for repetition or corroboration of it4 ,after using the word 8person0 some twenty times1 to signify the ,president of the ,united ,states1 electors1 senators1 representatives1 ,united ,states officers1 ,indians1 ,africans1 c41 the constitution declares that 8no person shall be deprived of life1 liberty1 or property1 without due process of law20--this 8due process of law0 meaning trial by jury4 ,this is one fact4 ,adam ,gibson1 ,henry ,long1 ,thomas ,sims1 and many others1 some of them now acknowledged on all hands to have been free1 have been sent into slavery without this trial4 ,this is another fact4 ,now put these two facts together4 ,no man shall be deprived of liberty or property1 except by the jury trial4 ,these men have been deprived of liberty and property without the jury trial4 ,these are the two ends4 ,now fill up the space between them with what you please1 and call it argument1 law1 gospel1 or what you will1 every body must see that it is nothing1 and can be nothing but ,mephistophiles' jugglery4 ,i dismiss this point with a single proposition3 ,in ,massachusetts1 we know no legal distinction founded on color4 ,through all the gradations1 from the person who has the preternatural whiteness of an ,albino to one whom you can see in the darkest midnight1 because he is so solid black1--all1 all1 under our constitution and laws1 are alike freemen1 or alike slaves4 ,notwithstanding the commissioner's decision makes us all slaves1 yet ,i maintain that1 in the eye of the law1 we are all free4 ,how then can any one of us freemen be robbed of liberty and property1 and turned into a slave1 but by freeman's proof1--that is1 trial by jury8 ,i acknowledge that after we have been proved to be slaves by freeman's proof1 then all the unutterable consequences of slavery follow1 of course2 just as when a man has been proved to be a murderer1 the consequences of murder follow4 ,but ,,until1 mark this1 ,,until a man has been proved to be a slave by freeman's proof1 he remains legally free4 ,and a magistrate who takes jurisdiction of a proceeding by which a man may be deprived of liberty or property1 without freeman's proof1 prejudges his victim1 when he allows the first witness to be called1 or the first paper to be read2 and he might just as well do it1 in a case of 8life10 as in a case of 8liberty and property40 ,the next position of the commissioner which ,i shall notice relates to the right of ,congress to make use of state courts to execute ,united ,states laws4 ,now we have the express authority of the supreme court of the ,united ,states for saying that 8,congress cannot vest any portion of the judicial power of the ,united ,states1 except in courts ordained and established by itself40--,martin vs4 ,hunter's ,lessee1 #a ,wheaton1 #ccj4 8,the whole judicial power of the ,united ,states should be1 at all times1 vested in some courts created under its authority40--,ib4 #cca4 8,the jurisdiction over such cases1 cases arising under the constitution1 laws1 and treaties of the ,united ,states1 could not exist in the state courts previous to the adoption of the constitution1 and it could not afterwards be directly conferred on them2 for the constitution expressly requires the judicial power to be vested in courts ordained and established by the ,united ,states40--,ib4 #cce4 ,but the commissioner refers to a passage in ,prigg's case1 in which it is said that 8while a difference of opinion exists 444 whether state magistrates are bound to act under it1 a law of ,congress1 none is entertained by the court1 that state magistrates may1 if they choose1 exercise the authority1 unless prohibited by state legislation40 ,waiving all exceptions to this doctrine1 the utmost that can be made of it is this3 that state magistrates may execute a law of ,congress1 unless forbidden by a law of their state2 but when so forbidden1 they cannot2 and ,congress can neither compel them to do so1 nor annul a prohibitory law of the state1 by giving validity to the act of the magistrate1 performed in violation of the state law4 ,now mark the non sequitur of the commissioner's logic4 ,see how his premises belong to one subject1 and his conclusion to another4 ,because a ,massachusetts magistrate may execute a law of ,congress1 unless the ,massachusetts legislature forbid him1 but if so forbidden he can no longer do it1 therefore1 when the ,massachusetts legislature has so forbidden him1 ,congress may send the magistrates of ,georgia1 or of any other state1 into ,massachusetts1 to do what our own state had forbidden our own magistrates to do4 ,i say 8send the magistrates of ,georgia here20 because ,congress may just as well1 and even better for us1 authorize the magistrates of any state in the ,union to come here1 set up courts1 and pass sentences which shall convey our citizens into bondage1 as to stay at home and make records1 which1 when brought here1 shall have the same effect4 ,this1 then1 is the law-logic of the commissioner3 ,because a ,massachusetts magistrate may aid in reclaiming an alleged fugitive on ,massachusetts ground1 unless forbidden by his state1 yet1 if so forbidden1 then the legislatures of fifteen slave states may send their magistrates1 or the acts of their magistrates here1 to do the same thing4 ,the state might prevent its own magistrates from aiding in this nefarious work1 but this would be of no avail1 for any one1 or all1 of fifteen sets of slave state magistrates may come and do the forbidden act4 ,pierpont ,edwards once said of a clergyman1 that if his text had a contagious disease1 the sermon would not catch it2 and a blind man1 being asked to describe his conception of color1 compared it to a clap of thunder4 ,but all their ideas were coherent and homogeneous compared with those premises and conclusions of the commissioner1 by which the ,state ,rights' doctrine is expounded to mean1 the right of one state to send its magistrates into another state1 to do what the latter has lawfully prohibited its own magistrates from doing4 ,south ,carolina never claimed so much as this4 ,under the first head1 where it had been urged by counsel1 that a freeman might have no opportunity to prove his freedom in the state from which he was alleged to have fled1 because the claimant was under no obligation to carry him to that state1 but might send him to the ,cuban or ,brazilian market1 the commissioner shuts his eyes to these very probable consequences1 and refuses to consider them2 but under the fifth head1 where an argument in favor of the slaveholder could be derived from consequences1 he not only argues elaborately from them1 but bases his judgment upon them4 ,there are two remarks thrown out in the course of the commissioner's opinion so shocking to every feeling of humanity1 that any one1 in commenting upon them1 may well be excused for passing from the language of argument to that of emotion4 ,if there be any one right known to the common law more important and sacred than all others1 it is the right of confronting and cross-examining the witnesses who are brought to testify against us4 ,without this right1 there is no fraud that cannot be practised upon the most honest man1 and no guilt that cannot be proved against the most innocent one4 ,doubtless this right of cross-examination is sometimes abused2 but there are few spectacles more exciting or more gratifying than to see the demons of falsehood driven out1 one after another1 from a perjured villain1 until the truth1 at last1 is wrenched from his heart1 notwithstanding the double boltings and barrings with which he had locked it there4 ,the fear of this cross-examination 8casting its shadows before10 has prevented thousands and tens of thousands from swearing falsely4 ,next to honesty1 this fear is the greatest protection to property1 liberty1 and life4 ,now the testimony which doomed ,sims to slavery1 and which may doom any of us with our wives and children to slavery1 when men grow1 not more wicked1 but only a little more bold in their wickedness than they are now1 was wholly ex parte testimony2 taken1 not merely behind the victim's back1 but a thousand miles behind his back2 of which he had no knowledge1 and1 unless he were omniscient1 like ,god1 could have no knowledge4 ,and when the counsel of ,sims urged upon the commissioner the enormity of this outrage against all principle1 what was his reply8 ,it was this1 and it makes a man's blood run cold to read it3 ,sims's absence from ,georgia1 8so that he could not be served with notice1 if he was entitled to it1 was in his own wrong1 and he cannot now complain that he had no opportunity to cross-examine the witnesses40 ,i appeal to all history to prove1 that no judge who ever sat upon a bench where the common law was recognized and administered1 however corrupt he may have been1 ever advanced a more atrocious doctrine4 ,why1 gentlemen1 if a debtor absconds for the very purpose of defrauding his creditors1 he must have notice before he can be proceeded against for the recovery of a debt4 ,if he flees from the state1 lurks and hides himself1 he must have the best notice the court can contrive to give him4 ,if the plaintiff recovers and takes out execution1 he must file a bond conditioned to make restoration2 and years afterwards1 if the defendant shall come back and show cause2 he shall be entitled to a review to annul the whole proceedings against him4 ,ay1 when a criminal1 a robber1 a murderer1 an incendiary1 is brought to trial1 even he must be 8confronted with the witnesses against him1 have compulsory process for obtaining witnesses in his favor1 and the assistance of counsel in his defence40 ,and yet the commissioner makes proof out of nothing1 that ,sims escaped from slavery1 and then1 because of this nothing-made proof1 he inculpates him with being absent 8in his own wrong40 ,the other point referred to arose from certain testimony1 7if it can be called testimony17 that the mother of ,sims begged the witness1 8whether her son was in a free state or in a slave state1 for ,god's sake1 to bring him back again40 8,this10 says the commissioner1 8certainly disarms the case of any unpleasant features06 ,why1 even the kine of the barn-yard1 when the butcher cuts the throat of her young1 will weep and low1 and bellow1 for days and days1 and say1 as well as in her inarticulate moanings she can say1 8,for ,god's sake1 let it be brought back again20 though the only consequence of its return would be to have its throat cut by the butcher again4 ,and are we to expect that the brutalized1 chattelized 8cattle0 of the south will have less of that natural yearning and longing of the soul1 at the loss of their offspring1 than the animals of the farmer's yard8 ,can we suppose that ,god has not planted the instinct of a mother's love too deep to be destroyed but by the destruction of the being herself in whom it was planted8 ,no6 debase the mother as you will1 by ignorance1 vice1 superstition1 lust1 concubinage1 incest1 and this wealth of affection will still glow at the bottom of her heart1 8rich as the oozy bottom of the deep in sunken wrack and sumless treasures40 ,and because this mother's love had not been all extinguished1 the commissioner says that his sending a human being into the abyss of bondage1 on evidence that an intelligent barbarian would reject1 8certainly disarms the case of any unpleasant features40 ,but ,i shall not expostulate with the commissioner4 ,a man must have a heart before he can feel1 as he must have eyes before he can see4 8,o1 who can paint a sunbeam to the blind1 ,or make him feel a shadow with his mind80 ,fellow-citizens1 ,i might occupy your attention much longer upon this unprecedented opinion of the commissioner2 but there are two or three other topics to which ,i wish to call your attention1 and ,i therefore forbear4 ,in saying what ,i have said1 ,i disclaim all personal ill will or discourtesy towards that magistrate4 ,even should ,i appear not to have succeeded in suppressing my own feelings1 ,i certainly cannot wound his more than he has wounded mine1 and those ,i believe of nine tenths of all who have ever read his opinion2--not by a thousand fold as much as he has wounded the law1 whose servant he is1 or the fair fame of ,massachusetts1 of which he is a citizen2 not so much as his decision will wound the hearts of an intelligent posterity1 who shall look back upon it as a partisan and an ignoble act1 not to be remembered without a sigh4 99 99 99 99 99 ,if the legal relations of slavery did not sustain the moral ones1 as the root sustains the branches and nourishes the fruit1 those moral relations would seem to demand all our attention4 ,i know but comparatively little1 and no man living at the north can know but comparatively little1 of the various and ever-repeated wickednesses of this institution4 ,it has been my lot1 however1 to live for about half the time1 during the last four years1 in the midst of a milder form of slavery4 ,and besides this1 ,i was once engaged for about six weeks in the trial of causes growing directly out of slavery2 and that experience gave me some insight into its dreadful mysteries4 ,for a moment1 the wind blew the smoke and flame aside1 and ,i looked into its hell4 ,i saw1 then1 as ,i had never seen before1 what a vital and inextinguishable interest every human being has in this subject2--not the slaves alone1 but the free men2 not voters only1 but all who can be affected by votes2 not men only1 but especially women4 ,for this reason1 ,i am glad to see so many ladies in this audience4 ,it becomes them to be here4 ,if any mortal should cultivate an abhorrence of slavery1 the female sex should do it4 ,whatever any one may hold to be the social relation between free women and slave women1 yet before ,god and ,christ1 and all the holy angels1 they belong to the same sisterhood of the human race4 ,they are your sisters4 ,and what is the condition of these your sisters1 in regard to everything that a virtuous and noble woman holds most sacred and dear8 ,ladies1 there are now in this land of pretended freedom and pretended gospel a million and a half of women who have no practical knowledge of what a woman's higher life should be1 or what a woman's most precious rights are4 ,since the ,declaration of ,independence1 the number of slaves in this country has increased from less than five hundred thousand to more than three millions2 and before the close of this century1 their descendants will increase to more than thrice three millions4 ,and yet1 neither as to the living nor as to the dead1 has there ever been a lawful marriage among them all4 ,there has never been a man slave who could say1 8,this is my wife1 heart of my heart1 and life of my life1 and no mortal power shall pluck her from my side40 ,there has never been a woman slave who could say1 8,this is my lawful1 wedded husband1 whom ,i promise to love and cherish1 and to whom ,i vow inviolable constancy40 8,for this cause10 says ,christ1 8shall a man leave father and mother1 and shall cleave to his wife1 and they twain shall be one flesh40 ,but the 8twain0 of slaves are never one4 ,and even when any sham ceremony is observed1 to distinguish this holy relation of husband and wife from the cohabitations of beasts1 and he who officiates comes to those other words of ,christ1 8,what1 therefore1 ,god has joined together1 let not man put asunder10 he stops2 for he knows1 and they all know1 that a few dollars1 at any time1 will bring bereavement upon both1--a double bereavement1 he a widower and she a widow1 both still surviving4 ,their life1 at best1 is but a life of concubinage2--not even that concubinage1 which1 though not founded upon a lawful contract1 has still something like conjugal fidelity in it1 and therefore a semblance of virtue2 but a various and vagrant concubinage1 traversing the circle of overseer1 master1 master's guests1 and master's sons4 ,the fate of the children born to the slave mother you all know4 ,those objects upon which all maternal affections meet and glow as in a focus1 are torn from her bosom1 like lambs from the flock when the shambles are empty4 ,and as to those females who are young1 sprightly1 and handsome3-- ,charge me not with indelicacy in touching upon this theme4 ,honi soit qui mal y pense4 ,i speak not to fastidious ears1 but to the pure in heart1 to whom all things are pure4 ,i speak of eternal verities1 before whose massive force the heart trembles and bows itself1 as reeds before the tempest4 ,it is the grossest and most shameless of all indelicacies to patronize and multiply vice1 through pusillanimity in exposing it1-- ,as to those females1 ,i say1 who are young1 sprightly1 and handsome1 whom ,god has damned with beauty of form and beauty of face1 because they only attract the gloating eye of passion1 who can describe the loathsomeness of their life8 ,they are ripened for the ,new ,orleans1 or for some other market1 whence southern harems are supplied2 as1 under the ,mahometan religion1 white ,caucasian beauties are sent to the slave marts of the darker-skinned ,turk4 ,in that company of seventy-six persons who attempted1 in #ahdh1 to escape from the ,district of ,columbia in the schooner ,pearl1 and whose officers ,i assisted in defending1 there were several young and healthy girls who had those peculiar attractions of form1 of feature1 and of complexion1 which southern connoisseurs in sensualism so highly prize4 ,elizabeth ,russell was one of them4 ,she fell immediately into the slave-traders' fangs1 and was doomed for the ,new ,orleans market4 ,the hearts of those who saw her and foresaw her fate were touched with pity4 ,they offered eighteen hundred dollars to redeem her1 and some there were who offered to give1 who would not have had much left after the gift4 ,but the fiend of a slave trader was inexorable4 ,he knew how he could transmute her charms into gold through the fires of sin4 ,he demanded twenty-one hundred dollars1 7though for menial services she would not have been worth more than four or five17 and would take nothing less4 ,she was despatched to ,new ,orleans1 but when about half way there1 ,god had mercy upon her and smote her with death4 ,perhaps1 foreseeing her fate1 she practised what1 under such circumstances1 we might call the virtue of suicide4 ,there were two girls named ,edmundson in the same company4 ,when about to be sent to the same market1 an older sister went to the shambles to plead with the wretch who owned them1 for the love of ,god1 to spare his victims4 ,he bantered her1 telling her what fine dresses and fine furniture they would have4 8,yes10 said she1 8that may do well in this life1 but what will become of them in the next80 ,they1 too1 were sent to ,new ,orleans1 but they were afterwards redeemed at an enormous ransom1 and brought back4 ,there was one girl1 who1 after her recapture in the ,pearl1 was sold six times in seven weeks1 in ,maryland and ,virginia1 for her beauty's sake4 ,but she proved heroically and sublimely intractable4 ,like ,rebecca1 the ,jewess1 she would have flung herself from the loftiest battlement1 rather than yield her person to a villain4 ,notwithstanding her masters' pretence that they had bought her with their money1 and owned her soul1 yet she had wealth1 which1 though all the earth were 8one entire and perfect chrysolite10 it could not buy4 ,it was not difficult1 therefore1 to purchase her1 and she was redeemed and came to ,new ,york2 and ,i have been informed in the most authentic manner from the lady of the very respectable family of which she became an inmate1 that1 on an examination of her person1 after the healing-time of the journey had passed1 her body was found scarred and waled with whip marks1 which the villains inflicted upon her because she would not come to their bed4 ,now1 suppose a sister or daughter of yours1 of this heroic soul and spotless purity1 should find herself on the way to ,new ,orleans2--suppose1 by almost superhuman power and adroitness1 she should escape1 and should thread her solitary and darksome path1 for hundreds of miles1 towards the north star2 should lie down in caverns1 with poisonous reptiles by day1 and pursue her lonely journey by night1 finding the beasts of the forests to be less terrible than man2 should swim rivers1 and keep off famine by roots and insects1 until at last1 thanks be to ,god1 she sets her mangled and bleeding feet upon the soil of freedom4 ,perhaps some echo of the fame of the ,pilgrim mothers has reached her ears4 ,she has heard of ,boston and its noble women of old1 and she hies hither as to a city of refuge1--as to a sanctuary where virtue has an altar1 and where she can lay down her hunted and weary body1 and be at rest4 ,fallacious hope6 ,the lecher pursues his prey1 and he is here4 ,he goes to some ,glossin lawyer who sues out a warrant2 and to some ,jack ,ketch who serves it4 ,the victim is seized at midnight1 under some lying charge1 and she is carried before a commissioner1 whose conduct1 were he a quasi judge1 as he pretends to be1 would be enough to make every hair of the judicial ermine forever detestable4 ,here a process is gone through which she does not understand1 and some papers are read of which she never heard1 and then a judgment is pronounced that her 8labor0 is 8due0 to her pursuer1 7and such labor67 that she 8owes service0 to him1 7and such service67 and then the commissioner delivers her into his arms1 and pockets a fee which common pimps would be ashamed to work for4 ,and1 my friends1 the keenest pang in the grief of all this is1 that there is no fiction or romance about it4 ,a commissioner who could bring himself down to send a man to a ,georgia cotton-field under this law1 the first time trying1 could send a virtuous and spotless woman into enforced harlotry the second time2 and the prince of darkness only knows what he could not set him to do afterwards4 ,the clergymen who could defend the enslavers of ,sims because he 8owed0 the 8service0 of one sex1 could defend the enslavers of a woman because she 8owed0 the 8service0 of the other sex2--the clergymen of the rich parishes ,i mean2--for it happens1 with the constancy of a law of nature1 that it is only the clergymen of the rich parishes who do this4 ,do they not know how to serve and reverence their ,lord and ,master1--that is1 their ,landlord and ,paymaster6 ,but1 fellow-citizens1 as our feelings are stimulated to the keenest sensibility1 in looking at the infinite of wrong which slavery commits2 as we see the millions and millions of human beings dimly emerging into view1 and crowding down the vista of futurity to blast our eyes with the vision of their woe1 a potent voice rings in our ears1 exclaiming1 8,conquer your prejudices10 8,,conquer ,,your ,,prejudices40 ,and this execrable counsel is uttered in reference to the infinite crime and disgrace of sending into slavery1 without a trial1 those who are free under our laws1--the men to stripes and death1 and the women to the body's shame and the soul's perdition4 ,fouler1 baser1 more ungodly counsel was never uttered1 since it was said to our first parents in the garden of ,eden1 8,on the day thou eatest thereof thou shalt not surely die40 ,and what is it that this long-honored eulogist of liberty1 but now its great apostate1 blasphemes with the name of 8prejudice08 ,if there be one sentiment more deeply rooted in the public heart of ,massachusetts than any other1 more intertwined and grown together with all the fibres of its being1 it is the sentiment of liberty4 ,we have drunk it in with our mothers' milk2 we have imbibed it from all the lessons of the school-room and the teachings of the sanctuary2 we have inspired it with the atmosphere we breathe1 and our organs have been attuned to it from our birth1 by the anthems of the mountain's wind and the ocean's roar4 ,it was from the love of liberty that our earlier fathers plucked themselves up by the roots from that natal soil into which they had been fastening for centuries4 ,for this they wandered abroad upon the ocean1 deeming its ingulfing surges to be more tolerable than a tyrant's power4 ,for this they transplanted themselves to this land1 at that time more distant and more formidable to them than any part of the habitable globe could now be to us4 ,for this they performed the double task of enduring all privations and dangers1 and at the same time of laying the foundations of all our free and glorious institutions2 and as the sires were stricken down by toil and death1 the sons took up the work and bore it on1 generation after generation4 ,for this noble sentiment of liberty our later fathers encountered the perils and deaths of a seven years' war1 and amid poverty and destitution1 amid hunger and cold and nakedness1 without any of the protections and defences of battle which the wealth of their foe could command1 they bared their noble breasts to the shock of the mailed legions of the ,british crown4 ,and when the struggle was ended and the triumph won1 they achieved labors of peace not less magnanimous and wonderful than their labors of war4 ,they were the pattern men of the world2--not aggressive1 not submissive2 not hostile1 not servile2 doing right1 demanding right2 they were the men who would never wield the oppressor's rod1 and would go mad at the touch of his heel4 ,now1 there is not one of all those glorious deeds1 from the embarkation at ,delfthaven to the signing of the peace of #aghc1 or the inauguration of the federal government in #aghi1 which was not begotten by the love of liberty1 or would have been performed without its creative energy4 ,and yet1 the arch-apostate1 standing in the city of ,boston1 the home of old ,samuel ,adams and ,john ,hancock1 within a stone's throw of the spot where ,benjamin ,franklin was born1 in sight of ,bunker ,hill1 and with ,lexington and ,concord1 as it were1 just hiding themselves behind the hills for shame1 calls all this a 8prejudice10 and commands us to cast it from us as an unclean thing4 ,was it not enough to make the stones in the streets1 and every block in that eternal shaft which marks the spot where ,warren fell1 cry out 8with most miraculous organ0 to rebuke him8 ,we have another1 and it is a kindred 8prejudice40 ,we have a 8prejudice0 of sixty years' standing in favor of the principle of the ordinance of #aghg4 ,that ordinance has been cherished in our memories1 it has been taught to our children1 and we have displayed it before the world both as the pledge and the promise of our devotion to liberty4 ,five states1 now numbering five millions of men1 were the battalions whom that ordinance wheeled from the ranks of ,belial to the ,lord's side4 ,hundreds of times have the ,whig party and the ,democratic party resolved that the principle of that ordinance should be maintained inviolate4 ,mr4 ,webster claimed the application of it to the new territories1 as his thunder1 and swaggered as he rattled it4 ,now he calls the great achievement of ,thomas ,jefferson and ,nathan ,dane a 8prejudice10 and dishonors their graves by his scoffs4 ,he abandons the vast regions of ,utah and ,new ,mexico to the slaveholder2 he gives more than fifty thousand square miles of free territory to ,texas2 he gives ten millions of dollars in money1 7more than1 with all our devotion and self-sacrifice1 we have been able to appropriate to public education in ,massachusetts for the last ten years27 and worse than this1 he gives permission that she may carve out of her territory a slave state additional to what had been unconstitutionally contracted for when she came into the ,union4 ,and for what does he flout us1 by stigmatizing all these sacred convictions and sentiments and instincts as 8prejudices08 ,only to feed the famine of his ambition4 ,he began to see1 what every body else has so long seen1 that his vices were bringing upon him the retribution of premature old age and decrepitude2 and that1 unless he could enter the ,white ,house the next term1 he must wait1 at least until the great ,julian period should bring the world round again4 ,he parleyed with southern tempters1 and fell4 ,nor did he outrage our feelings only4 ,he sacrificed our pecuniary interests1 our very means of subsistence4 ,massachusetts would be prospering under an improved system of protection for our domestic industry to-day1 but for ,mr4 ,webster's apostasy1 which stripped us of all our power and of all our unity1 and inflamed the spirit of southern aggrandizement to demand every thing and yield nothing4 ,could the issue be now formed1 and the case tried1 whether ,daniel ,webster's course in #ahej did not deprive the working-men of the country of a tariff for the protection of their labor1 not an intelligent and impartial jury could be found that would not bring him in guilty4 ,this result every unbiased man at ,washington saw1 last summer2 while he was cajoling the men of the north with the delusion that1 if they would surrender liberty1 they should have their reward in a tariff4 ,i speak of this with confidence1 because there are hundreds of my constituents and acquaintances who will bear me witness that1 in personal interviews1 and by correspondence1 they were warned1 that if they followed ,mr4 ,webster in his recreancy to principles1 he would leave them without relief in the matter of property4 ,fellow-citizens1 ,i will trespass upon your attention but for a moment longer4 ,i wish to advance one idea for the consideration of all sober1 moral1 and religious men2 and when this idea is duly considered1 ,i trust to its working a revolution in public sentiment4 ,in selecting men to be our political leaders1 we have sometimes committed the gravest moral error4 ,we have assumed the falsity of a distinction between a man's public and his private life4 ,we have supposed that the same individual might be a bad man and a good citizen2 might be a patriot and an inebriate1 a faithful officer and a debauchee1 at the same time2 might serve his country during 8office hours10 and the powers of darkness the rest of the twenty-four4 ,but ,i say1 as of old1 no man can serve ,god and mammon4 ,we have been too prone to judge of men by their professions and by their connections4 ,we seem to have forgotten that the tree is to be known by its fruit1 and a man by his life4 ,if we are to take the ,pharisee's rule1 and determine a man's piety by his creed1 and by the number and length of his prayers1 then piety will be the cheapest thing in the market1 and as worthless as it is cheap4 ,in choosing teachers to be the guides and exemplars of our children1 we demand high moral worth2 and we would as soon thrust our youth into the centre of pestilence1 as amid the contagion of vicious and profligate men4 ,in selecting our religious guides1 we feel almost justified in being captiously and morbidly critical2 we hardly admit that we can be strict to a fault2 and the man who fails to carry personal purity and exemplariness into the pastoral life1 is driven from it with indignation and contempt4 ,i admit too1 rejoicingly1 that1 in ,massachusetts1 this preventive and praiseworthy discipline has been more extensively applied to political men than in any other state in the ,union4 ,our highest state offices have been filled for years1 saving very rare exceptions1 with men of distinguished probity and a spotless life4 ,and why1 in this department1 should we ever grant dispensations and absolutions2 or1 like the old popes1 sell indulgences to sin8 ,now1 let this doctrine be applied2 for ,i hold it to be no unwarrantable invasion of private character to apply these principles to public men4 ,when public men openly and notoriously practise vice1 they make the vice public1 and bring it within public jurisdiction4 ,if it is public for example1 it is public for criticism2 and1 under such circumstances1 the moral and religious guides of the community are as solemnly bound 8truly to find1 and due presentment make10 of these offences1 as the grand jury is in the case of crimes against the laws of the land4 ,i say1 therefore1 let us apply this doctrine4 ,how long have all good citizens in ,massachusetts labored in the glorious cause of temperance6 ,they have devoted time1 expended talent1 lavished money1 incurred obloquy2 but1 as their reward1 they have plucked the guilty from perdition2 rescued the young1 just losing their balance over the precipice of ruin2 saved the widow and the fatherless from unutterable woe1 and driven demons of discord from domestic ,edens4 ,now why1 after all our toils and sacrifices to uphold and carry forward the cause of temperance1 and to make its name as honorable as it is blessed2 why should we demolish all our work by elevating a man to a high political station1 or by upholding him when in it1 who1 in the face of the nation and of the world1 will become so drunken that he cannot articulate his mother tongue8 ,is this an example you desire to set before the ingenuous and aspiring youth of the land2 ay1 before your own children8 ,we have had men in the presidential chair not without faults and blemishes of character2 but hitherto we may proudly say1 that we never have had one there who drowned his reason in his cups4 ,god grant that we never may4 ,think of this magnificent ship of state freighted with twenty-three millions of souls1 and laden to the scuppers with the wealth of the world's hopes1 with a pilot at the helm--drunk6 ,we are an industrious and a frugal people4 ,the aptitude is born with us4 ,a true ,massachusetts boy seems to take to ingenious labor and to labor-saving contrivances from his birth1--like a duck almost impatient to be hatched1 that it may get into the water4 ,we prize and honor the home-bred virtues of diligence and thrift2 for they bestow upon us all our comforts1 the means of educating our children1 and leave us a magnificent surplus for godlike charities to be scattered over the world4 ,dr4 ,franklin has stamped a family likeness upon us all4 ,his economical wisdom is domesticated among us4 ,take a sound and pure specimen of a ,massachusetts farmer or mechanic1 and analyze him1 and you will find that1 of his whole composition1 from six to ten ounces in the pound is made up of ,dr4 ,franklin4 ,now1 why should we root out this luxuriant1 fruit-bearing virtue8 ,why welcome and court and feed the prodigalities and sensualities of the old world1 to corrupt the pristine virtues of the new8 ,can he be a republican after the severe simplicity and grandeur of the old ,roman type2 can he be an exemplary citizen1 who must have his thirty1 forty1 or even fifty thousand dollars a year1 to squander upon what ,i must not call1 8to ears polite10 his vices and passions1 but1 more genteelly1 8his tastes and feelings10 while millions of honest laborers thank ,god if by incessant toil they can earn their daily bread for their families1 and the bread of knowledge for their children8 ,can they be good citizens1 or1 at least1 are they not grievously deluded1 who will give such purses to such a man for being the advocate and agent of their special interests1 while there are hundreds of suffering men and women1 and more suffering children1 at their own doors8 ,do you want your children to grow up inflamed by such examples of excess and wantonness8 ,i know that all this is defended on the ground that something must be done for a great man's family4 ,ay1 that family6 ,the progeny and costliness of the vices1 what ,californias shall be able to support8 ,i know1 too1 that it is also said we must have great talents in the public councils1 at whatever price4 ,well1 if this be your philosophy1 don't do the work by halves1 but import ,lucifer at once6 ,now1 fellow-citizens1 you know that all the men who are guilty of these great derelictions from civil and social duty are the men who uphold the ,fugitive ,slave law4 ,i might touch upon more holy relations in life2 upon virtues without which there is no home and no domestic sanctuary2 without which there may be children1 but the sacred institution of the family is gone4 ,but ,i forbear4 ,i only desire to awaken your attention to the great duty of extending the domain of conscience over politics2 of holding public men answerable for those vices which it is a great misnomer to call private when they are committed in the face of the world4 8,the pulpit is false to its trust0 if it does not follow and rebuke them1 under whatever robes of official dignity they may hold their revels4 ,three great stages of development belong to the world4 ,first1 there was the period of physical development1 when the tallest man was crowned king1 when the strongest muscles enacted the laws1 when brute force was 8,his ,royal ,majesty10 and claimed and received the homage of mankind4 ,that age has passed2 and how contemptible does all its greatness now appear6 ,then came the age when the mind towered above the body1 when a nation's power no longer consisted in the millions of its men1 but in the treasuries of its knowledge2 when the intellect took up the vastest concentrations of animal strength1 which seemed omnipotent before1 lifted them off their fulcrum1 and they became like a feather1 in the breath of its power4 ,that age is the present4 ,the moral age is yet to be ushered in4 ,in this age1 the intellectual forces shall still retain all their dominion and supremacy over the physical world1 but the moral shall preside over the intellectual1 and move them as ,god moves the stars1 bringing them out of chaos1 and wheeling them in circuits of unimaginable grandeur1 and for purposes of beneficence yet inconceivable4 ,in that day1 the lawgivers of the land shall be no longer 8compromisers0 between duty and mammon1 and the judges shall judge in righteousness4 ,in that day1 the merchant1 for the lucre of trade1 shall not pay tribute in human beings1 and send his flesh-tax across the free waters4 ,in that day1 the gospel of human brotherhood1 of doing as we would be done by1 and of loving our neighbors as ourselves1 shall no longer be doled out to us by priests of the broad phylactery sort1 in homopathic doses1 reduced to the five hundredth dilution4 ,but in that glorious day1 the men who sit in the ,areopagus of the nation1 clothed with the ermine of the law1 shall be1 as the heathen of old figured the emblem of ,justice1 blind in the outward eye2 and all they know of color shall be to give no color to the law4 ,in that day the successors of ,st4 ,paul shall preach what he preached1 when standing 8in the midst of ,mars ,hill10--a ,god of equity1 of righteousness1 of justice1 of benevolence2 the ,god who made 8of one blood all nations of men10 who1 alas6 to so many in our day is 8the ,,unknown ,,god40 ,in that day1 when a whole people are aroused to ponder1 with unwonted intensity1 upon the great principles for which ,sidney and ,vane bled2 for which ,hampden smote the tyrant of his day2 for which the heroes of the revolution pledged fortune1 life1 and sacred honor2 no voice shall strive to seduce them from their sacred work by its ,belial cry1 8,,conquer ,,your ,,prejudices60 ,fellow-citizens1 if you wish to coperate in bringing on this glorious era1 your first step is to vote for that noble man who ransomed his own slaves1--,,john ,g4 ,,palfrey4 ,,footnotes3 #ba ,it is substantially conceded by the supreme court of ,massachusetts1 in delivering their opinion on the application of ,sims for a writ of habeas corpus1 that the ,fugitive ,slave law stands upon precedent alone1 and is disowned by principle4 ,chief ,justice ,shaw says1-- 8,at the same time it may be proper to say1 that if this argument1 drawn from the constitution of the ,united ,states1 were now first applied to the law of #agic1 deriving no sanction from contemporaneous construction1 judicial precedent1 and the acquiescence of the general and state governments1 the argument from the limitation of judicial power would be entitled to very grave consideration40 ,i submit that the precedents1 on this subject1 both legislative and judicial1 are substantially divested of all their force1 by the fewness of the cases that have ever arisen under the law1 by the general obsoleteness into which it fell1 and1 more than all1 by that uniform indifference and neglect1 and ,i may add inhumanity1 with which colored people and the rights of colored people1 have been almost universally regarded in the different states of the ,union4 #bb ,mr4 ,george ,t4 ,curtis4 #bc ,i object to ,mr4 ,curtis's calling the county commissioners 8the court of county commissioners40 ,they are nowhere so called in the act creating them1 or in the act defining their duties4 ,on the contrary1 they are expressly contradistinguished from the 8court of common pleas10 which is a court4 ,this may have been an inadvertence1 but it shows how he mistook the nature of their powers4 ,,speech ,,delivered1 ,,on ,,taking ,,the ,,chair1 ,,as ,,president ,,of ,,the ,,great ,,mass ,,convention1 ,,called1 ,,without ,,distinction ,,of ,,party1 ,,in ,,opposition ,,to ,,the ,,fugitive ,,slave ,,law1 ,,and ,,held ,,at ,,the ,,tremont ,,temple ,,in ,,boston1 ,,april #h1 #ahea4bd ,,gentlemen ,,of ,,the ,,convention2 ,i thank you cordially for the honor of being called to this place2 though ,i could have wished that your choice had fallen upon some one of the many more meritorious men whom ,i see all around me4 ,gentlemen1 ,i have come here to-day to add my feeble voice to the thunder tones of execration against the ,fugitive ,slave law1 with which every free state in this ,union1 and every free community upon the earth1 are now echoing and rechoing4 ,i do not propose to occupy your attention long4 ,where so many things are to be said1 and so many persons1 far better qualified than ,i am1 are present to say them1 ,i shall consult at once your advantage and my duty1 by being brief4 ,we have come together with especial reference to the ,fugitive ,slave law2 but that execrable statute connects itself so directly with almost every other prominent measure of the government1 and with the leading acts of our public men1 during the past year1 that it opens the whole subject of human liberty1 and our duty1 as freemen1 in regard to human rights4 ,especially does it behoove us to inquire1 by what means1 by whose instrumentality1 the country has been instigated to this treason against the rights of men1 and when we may expect their machinations will be brought to an end4 ,some of our official dignitaries are giving us law lectures on the subject of high treason against the government4 ,i hope they will not object1 if we reciprocate the favor1 by giving them a lecture on the higher treason against ,god and humanity1 of which they are guilty4 ,gentlemen1 it is with unspeakable humiliation and regret that ,i look back and see where ,massachusetts stood twelve or thirteen months ago1 and where so many of her citizens stand now4 ,up to that ever-accursed day1 the #gth of ,march1 #ahej1 there was not a ,massachusetts man1 in the councils of the state or nation2--nay1 so far as ,i know1 there was not a single ,massachusetts man any where1 of any standing or respectability1 who did not assert and proclaim his hostility to the extension of slavery2 his purpose to maintain at all times the principle of the ordinance of #aghg2 and his 8resolute and fixed determination10 7to use ,mr4 ,webster's language17 8to make no further concessions to slavery and the slave power40 ,the public men of the state1 the press of the state1 the legislature of the state1 avowed these sentiments2 and the political conventions of the state rang with these declarations from side to side4 ,but on that ever-memorable day a senator of the ,united ,states1 from ,massachusetts1 saw fit to trample under foot every thing that he had ever said in behalf of human freedom and against human bondage4 ,he saw fit to curl his lip and to intonate his voice in scorn of the principle of the ordinance of #aghg1 and to dishonor the memory of ,nathan ,dane1 whom1 a few years before1 on the same spot1 he had eulogized4 ,he saw fit to contemn what he knew to be the honest sentiments of ,massachusetts4 ,he went far1 far out of his way1 to fortify and extend the institution of slavery4 ,he offered to add new states to its power1 and to take two hundred millions of dollars from the treasury of the ,united ,states1 to be expended for its extra-constitutional security and defence4 ,i shall not dwell upon the perfidious nature of that deed1 nor upon the obvious motive that prompted it4 ,i will rather advert to the measures which have since been taken to corrupt the public sentiment of ,massachusetts1 and of the whole north1 and to bring over the people1 some to a palliation and others to a full indorsement of it4 ,as soon as the stunning effect of that treacherous blow upon all the moral and religious sensibilities of the state1 and upon its traditional and inwrought love of liberty1 had begun to subside1 a systematic effort was commenced to debauch the patriotism and humanity of the people1 by an appeal to their cupidity4 ,our manufacturing and commercial interests were suffering4 ,a majority of the slave states were the antagonists of these interests4 ,political ambition and mercantile cupidity associated these two facts together1 and the flagitious idea was engendered that by surrendering our liberty we might have a tariff4 ,the poison of this idea was first openly and directly infused into the public mind by ,mr4 ,webster1 in his speech at the ,revere ,house1 ,april #bith1 #ahej1 when he said1 8,neither you nor ,i shall see the legislation of the country proceed in the old harmonious way until the discussions in ,congress and out of ,congress upon the subject to which you have alluded1 slavery1 shall be in some way suppressed4 ,take this truth home with you1 and take it as truth4 ,until something can be done to allay the feeling now separating different men and different sections1 there can be ,,no ,,useful ,,and ,,satisfactory legislation in the two houses of ,congress40 ,of this declaration there can be but one interpretation4 ,it was perfectly understood by those to whom it was addressed4 ,it says1 without enigma or riddle1 surrender the territories to the incursions of the slave states1 pacify the slave power1 give up blood-bought rights for this life1 and ,savior-bought hopes for another1 and you can have your pay in a cent a yard on calico1 and a cent a pound on iron4 ,and1 as a means of accomplishing this object1 it says the discussion of the slavery question must be 8suppressed40 ,from that time until the close of the last session of ,congress1 in every form in which so intrinsically wicked an idea could be set forth without shocking not only all principle1 but all decency1 this idea was inculcated upon the public mind of the north1 especially upon the cities4 ,in unofficial speeches and letters1 ,mr4 ,webster urged this seduction more and more pointedly and earnestly1 until1 on the #agth of ,july1 #ahej1 in the last speech which he ever made in ,congress1 he appealed to the senators of the north1 and to the people of the north1 in language as explicit as he could make it1 to adopt the compromise measures1 to take even the abhorred ,fugitive ,slave bill itself1 for the sake of the money to be made out of them4 ,throughout that speech he held out the apple of temptation before their eyes1 he jingled the thirty pieces of silver in their ears1 to seduce them into the surrender of liberty for pelf4 ,i appeal to the common knowledge of the citizens of ,boston1 if1 during the last summer1 it was not an expression as familiar to their lips as the salutations of the day1 that they had ,mr4 ,webster's authority for saying1 that if they would surrender the great questions involved in the compromise1 they could have a tariff4 ,now1 on this state of facts1 ,i have two observations to make1-- #ast4 ,that a proposition to barter or to jeopard the liberty of our fellow-beings for any amount of money1 however great1 was intrinsically inhuman and wicked4 #b;d4 ,that every new concession we made to the south on the subject of slavery1 for the sake of getting protection for our manufactures and other industrial interests1 only impaired and postponed our chance of getting that protection4 ,for the correctness of the first of these propositions1 ,i appeal to every man who has a conscience1 or even any elementary ideas of right or wrong1 which are not smothered by his interests or his passions4 ,and for the second1 ,i appeal to the case of ,texas which defeated the tariff of '#db1 and to the fact that1 though we did consent to all the detestable provisions of the compromise1--slave territories1 slave states1 ten millions of dollars for ,texas1 ,fugitive ,slave bill1 and all1--yet we get no tariff1 and have now no rational prospect of one4 ,that the surrender of all our glorious patrimony of free principles should help to make some northern man ,president1 ,i can readily understand4 ,that is intelligible4 ,before the #gth of ,march speech1 it was announced1 from high southern sources1 that they would take the northern man for the next presidential term who would do the most for slavery2 and since that time1 the same declaration has been reiterated4 ,see1 among others1 ,mr4 ,toombs's speech before the ,georgia ,union meeting4 ,but ,i state it as a fact within my own personal knowledge1 that there was not an intelligent man in ,congress who was not implicated1 on the one side1 in the manufacture of goods1 or1 on the other1 in the manufacture of presidents1 who did not then foresee and predict that every forward step we took towards the compromise was a step backwards from protection4 ,and we now have this stubborn fact to show for the soundness of that opinion1--the event has ratified it4 ,they have not obtained the tariff they were promised1 though they have given for it the price of blood4 ,now ,i wish to ask the manufacturers and commercial men of the north1 whether1 if they had seen1--as it was seen by every unbiased man at the seat of government1--that upholding the compromise would put down protection1 they would have consented to the compromise8 ,and a further question which ,i wish to put to all ,massachusetts and all ,new ,england is1 if1 during the last year1 we had had the tariff of #ahdb in full operation1 and if the current of prosperity had filled the deepest channels that enterprise and industry had cut for it1 whether then ,massachusetts citizens would have unsaid and retracted all the noble things they have been saying in favor of liberty for the last ten years2 whether then the ,massachusetts press1 or so large a portion of it1 would be found openly advocating doctrines which they have always heretofore professed to hold in utter detestation and abhorrence8 ,no man will pretend it4 ,if we had had the tariff of '#db last year1 the compromise measures never could have passed1 and it would have been impossible for any presidential aspirant1 or all of them together1 to have subdued the northern mind to their acceptance4 ,the commercial and manufacturing interests of the north1 then1 have been deceived1 grossly deceived and imposed upon4 ,when their real interests were all on the side of freedom1 they have been made to believe that it would promote those interests to unsay all they had ever said1 and undo all they had ever done adverse to slavery4 ,their chance for a tariff lay in standing to their principles like men1 and not in abandoning them like cowards4 ,president-making has been the agency1 and ,cotton has been the instrument1 of this deception4 ,it has been said that the ,press is the fourth estate in the realm2 but ,i say ,cotton is the fourth estate1 for ,cotton subdues the ,press4 ,the eyes and ears and nose and mouth of a portion of our people have been so filled with cotton1 that they have come to consider cotton not only as their daily bread1 but their bread of life4 ,gentlemen1 whatever convictions or doubts there may be on the subject of ,animal ,magnetism1 ,i am a firm believer in ,cotton ,magnetism4 ,the southern planter seems to possess some wizard art1 unknown to the demonology of former times1 by which he impregnates his bales of cotton with a spirit of inhumanity1 with a contempt for all the dearest1 tenderest1 holiest ties that bind man to man and heart to heart2 he fills them with this spirit as an electrician fills a ,leyden jar1 and then he sends them here2 and if the man who comes within the circle of their influence is not himself filled with the strong1 counteracting1 disinfecting magnetism of duty and truth1 of love to ,god and love to man1 he is overcome and subdued by the infernal spell2 he is brought into 8communication0 with the southern sorcerer1 and into subjection to his will2 and then he seems bereft of reason and conscience1 he belies his ,pilgrim parentage1 talks gibberish about the dissolution of the ,union1 kneels1 lies down1 eats dirt1 and says to his southern master1 as ,balaam's beast said to him1 8,am ,i not thine ass upon which thou hast ridden ever since ,i was thine80 ,still worse is it1 when this cotton1 so diabolically impregnated1 gets beneath the rich velvet seats and embossed cushions of the pulpit2--unless1 indeed1 a double measure of the spirit of the ,lord shall descend upon the preacher and exorcise both him and it1 of the evil spirit it contains4 ,when the soul of the clergyman is struck with this cotton magnetism1 he grows delirious over his ,bible1 ignores the new dispensation1 seeks out all the pro-slavery parts of the old1 discards ,jesus ,christ as his example1 and the precepts of ,jesus ,christ as the law of his ministrations1 and proves himself a pagan1 discoursing paganism in a ,christian pulpit4 ,god grant that this kind of cotton may never stuff the cushions of our judges6 ,i fear we are not wholly out of danger of so unspeakable a calamity4 ,give us the old ,english woolsack for them1 within whose magic presence the chains of the slave drop from his limbs1 and he is gloriously transfigured into a man4 ,compare the newspapers of our cities now with what they were only one short twelvemonth ago1 and see what demoralization cotton can work when it gets into editorial chairs4 ,as for those slave-catching commissioners who assume to exercise the functions of judges1 to abolish human liberty1 and to find property in the bodies and souls of men1 but are no more a judge than an image 8made after supper of a cheese-paring0 is a man1--as for them1 ,i say1 they seem to have this virus the natural way2 and if all moral diagnosis does not fail1 it would be found1 on an anatomical dissection of their hearts1 that their right and left auricle and their right and left ventricle were only four cotton bolls4 ,but ,i believe that the reign of ,cotton is to be short-lived4 ,improvements in the arts give confident promise that some new textile substance will soon be discovered which will supersede this slave-made and slave-making material4 ,even should this hope fail1 every body sees what an unnatural attitude of power and strength the cotton-producing states now occupy4 ,extending over only a small area of territory1 which you can cover on the map with your hand1 they raise a staple which clothes1 more or less1 a great part of the world2 while there are ,brazil1 ,egypt1 ,india1 and regions of unknown vastness in ,africa1 to all of which1 or nearly all of which1 the plant is indigenous4 ,either then by the progress of the arts1 or by an extension of cultivation1 the majesty of ,cotton will soon be dethroned2 and then1 then1 how will these men appear1 historically1 who are now willing to trample upon human rights1 and to send men1 women1 and children into all the horrors of southern bondage for the temporary profits which cotton can bestow8 ,i rejoice that this reference to the demoralizing power of interest gives me an opportunity to bestow well-deserved honor and praise upon a class of men who have nobly withstood its temptations4 ,not every man engaged in manufactures or in commerce has yielded to the seductions of this tempter4 ,there are many noble exceptions4 ,i have in my mind one of my own constituents largely interested in manufactures1 who told me last summer that half his spindles were lying idle1 and property that should have yielded income was incurring cost2 8but10 said he1 8do you see them all stop1 and the mills decay and go down stream1 before you vote for that compromise40 ,another of my constituents told me he was largely interested in three ships1 then at sea2 but declared he would see them all sink to its bottom before he would disgrace the country by passing the ,fugitive ,slave bill4 ,these are but specimens of that noble spirit which was expressed with such ,spartan terseness and vigor by ,bowen ,mc,namee1 of ,new ,york1 when the foul panders to southern slavery threatened them with a loss of custom4 ,said they1 8,our goods1 and not our principles1 are in the market40 ,o1 how these declarations contrast with what a manufacturer in a neighboring county is reported to have said1--that if he could work his mills any cheaper with slave labor than with free1 he would employ slaves6 ,and what1 also1 as ,i am credibly informed1 another has said1--8,the south want slaves to raise cotton to sell2 we want slaves to raise cotton to manufacture2 therefore1 we must unite with the south to uphold slavery40 ,now1 ,i believe these things to have been said2 but it is of no consequence whether they were said or not2 we know they have been acted4 ,every man who upholds this ,fugitive ,slave law acts them1 whatever his language may be4 ,the compromise was forced through ,congress partly by government interference1 and partly by the delusive hope of a tariff4 ,an appeal is now made1 in behalf of the ,fugitive ,slave law1 to the same mercenary motives4 ,it is said1 if opposition be made to this law1 however legal or constitutional such opposition may be1 we shall lose southern custom4 ,base and infamous appeal6 ,such men are made of the stuff of the tories of the revolution4 ,even if this appeal were true1 it would be one that no honorable man could hear without indignation4 ,but it is not true4 ,the south must have their goods from somewhere1 and our industrious artisans will make them1 whoever the go-betweens may be4 ,will the south go bare-headed and bare-footed and unkilted1 because they cannot have a law to catch freemen and slaves promiscuously8 ,but it is said the south will abandon their slothful habits1 become industrious1 and manufacture for themselves4 ,i wish they would4 ,it would be most fortunate for us4 ,they would then have the means of buying more from the north1 and paying us better for what they do buy4 ,instead of spending only the money which their slaves earn1 they would then have money to spend earned by the whites1 and would become better customers for those ever new forms of commodities which our industry and inventive skill1 while we keep our schoolhouses in operation1 will always be able to supply4 ,now1 fellow-citizens1 ,i have gone into these considerations for the purpose of ascertaining and of measuring the extent and the efficacy of the motives brought by our opponents to bear against us4 ,you see they are mercenary1 almost exclusively so4 ,as for that bugbear of a dissolution of the ,union1 ,i say1 without fear of contradiction1 that no practical man has ever believed in it for a day4 ,united ,states stocks at a hundred and sixteen1 on the eve of a dissolution of the ,union6 ,the whole ,south ,carolina1 and ,mississippi1 and ,texas delegations in ,congress contending for every local advantage1 for the establishment of new ,united ,states courts1 for the increase of salaries1 for appointments at home and abroad1 as though the ,union had been just insured for a thousand years6 ,show me one intelligent man in the whole country who has sold his stocks or his farm1 or changed his residence1 or altered his course of life in any respect1 through fear that the ,union was about to be dissolved4 ,i think some persons may have left ,south ,carolina1 to get rid of the clamor about dissolving it4 ,why1 what would the ,english national debt be worth under any well-founded apprehension that the ,british monarchy was crumbling to pieces8 ,there would not be a pound of government securities that could not be bought for a penny4 ,confidence in the stability of our ,union has not only pervaded this country1 but other countries4 ,the great bankers abroad who deal in our stocks have never changed their terms one mill in a million of dollars1 through any such idle fear4 ,they are the men whose barometers presage political storms4 ,with such facts before us1 to say that the ,union has been in danger is as absurd as to say that a whirlwind is raging when the leaf of the aspen is pendulous1 and cannot be seen to move4 ,if the south wishes to dissolve the ,union1 let them do it1 and at the end of thirty years there will be no slave in all their borders4 ,the slaves will have made a new ,jamaica or a new ,st4 ,domingo of it1 as the masters shall behave themselves4 ,no1 this is nothing but a clumsy trick of the politicians2 and if any one of them could be nominated for the presidency1 we should hear nothing more from him about any deluge which threatens to submerge the ,union4 ,they profess peculiar love for the ,union4 ,their clamorous notes bring to mind what ,dr4 ,franklin remarked of self-righteous people4 ,he said they always reminded him of scarcity of provisions2--those who had enough said nothing about it2 it was the destitute who made all the clamor4 ,i say1 then1 the only remaining motive with which our adversaries can work is the loss of southern trade4 ,this interests but few of our people4 ,the farmers are not interested in it4 ,the mechanics and artisans are not4 ,the operatives in our mills are not4 ,all our substantial1 industrious classes are above this temptation1 and would spurn it if they were not above it4 ,the ,fugitive ,slave law champions1 then1 can make no more converts among them4 ,let us1 then1 continue to oppose this law in all constitutional modes4 ,let us explain its religious and moral bearings to the ,christian4 ,let us tell the patriot of the disgrace it brings upon our country4 ,let us show to the working-man that those who are ready to make slaves of his fellow-beings for lucre will be equally ready to make a slave of him whenever interest shall supply the temptation4 ,fellow-citizens1 it has been asked why we are assembled here to-day1 and not in the ,hall consecrated to liberty4 ,it is because the doors of that hall have been closed to ,liberty knocking for admission4 ,but there is a melancholy propriety in this4 ,when the court house is in chains1 ,faneuil ,hall may well be dumb4 ,those chains which girt the courts of justice are but typical of the chains which tyrannous men are striving to put upon our lips4 ,this is not the first temple that has been unrighteously invaded and taken possession of by money changers and those who sold doves1--doves6 doves66 ,no1 not doves1--but men1 women1 and children4 ,but ,i trust the time is not far distant when a better spirit shall enter their doors1 and shall scourge out their invaders with cords1 smaller or larger1 as the exigencies of the case may require4 ,,footnotes3 #bd ,this meeting was held pending the trial1 before ,mr4 ,commissioner ,curtis1 of ,thomas ,sims1 an alleged fugitive slave from ,georgia4 ,during the trial1 the ,boston court house was surrounded by a large police force1 and was enclosed in chains1 beneath which the judges of the supreme court of ,massachusetts bowed as they entered and retired4 ,,speech ,,delivered ,,at ,,worcester1 ,,september #af1 #ahea1 ,,on ,,taking ,,the ,,chair ,,as ,,president ,,of ,,the ,,free ,,soil ,,state ,,convention4 ,,gentlemen ,,of ,,the ,,convention2 ,accept my thanks4 ,it would be an honor at any time to stand in this position before a body of men so large in their number and so influential by their respectability4 ,but1 gentlemen1 at this hour of trial1 at this time of peril to great principles1 when the lights upon earth seem to be going out around us1 and we must look for guidance to the lights above1--at this hour1 ,i say1 of trial and of peril1 it is an especial honor to be called to a post of duty4 ,the position of the friends of freedom at the present time reminds me of a beautiful sentiment expressed by one of the noblest of the old ,roman philosophers1 who said that those who were called to fill stations of danger and self-sacrifice should thank ,god for the honor of being deemed worthy of such a trust4#be ,gentlemen1 it was not until this morning1 and since sunrise1 that ,i was waited upon by a delegation from your state committee1 requesting my presence on this occasion4 ,they knew1 and you all know1 how strongly my heart throbs1 even at the mention of the great principles for which you contend4 ,they knew1 as you all know1 how happy ,i should be if ,i could do any thing to deepen or to diffuse a feeling of devotion to human freedom4 ,but1 gentlemen1 there were certain circumstances connected with my position which seemed to make it necessary for me to say to your delegation1 that1 if ,i should appear here to-day1 it should be with an entire privilege to speak out my mind fully on any political subject1 and to say in what relation ,i stand to the present condition of public affairs1 both state and national4 ,i say1 then1 gentlemen1 that ,i stand where ,i have always stood1 holding the principles of human freedom first and foremost in my regards1 and1 after these1 our pecuniary1 or merely worldly interests2 holding1 according to the order in which they are mentioned in the constitution of the ,united ,states1 8life and liberty0 to be before 8property40 ,i stand where ,i stood in #ahdh1 when ,i was first elected to ,congress2 and where my recorded votes and speeches show me to have stood through all the struggles of #ahdi and '#ej4 ,i stand on the same principles yet4 ,if other men have seen fit to go off to the right hand or to the left1 ,i remain where ,i was4 ,and if any individual of any party1--,whig1 ,democrat1 or by whatever other appellation he may be known1--shall ever return from his wanderings to the good old homestead of ,massachusetts principles1--,free ,soil1 ,free ,speech1 and ,free ,men1--there1 in that immortal birthplace of human liberty1 he will find me1 early in the morning and late at night1 hard at work1 to maintain the honor of the ,pilgrims and the principles of our revolutionary sires4 ,gentlemen1 the perusal of the address and resolutions put forth by the ,whig ,state ,convention at ,springfield1 last week1 brought me here4 ,it seems to me that no true lover of human freedom can read that address and those resolutions intelligently1 and understand their full scope and bearing1 without being struck down by conviction1 as suddenly as was ,st4 ,paul1--though the light and the voice come from an opposite quarter4 ,whatever the design of those papers may have been1 their whole argument and office are to wheel the ,whig party into line1 to fight the battles of slavery4 ,under these circumstances1 ,i do not ask with a certain distinguished individual1 on the prospective breaking up of parties1 8,where am ,i to go80 ,i believe ,i do but echo the sentiments of thousands of as good and true ,whigs as can be found in this commonwealth1 7and there are none better any where17 when ,i say that1 let others go where they will1 here1 here1 on the old ,whig platform of opposition to the extension of slavery1 either into ,new ,mexico or into ,new ,england2 of freedom for the ,district of ,columbia2 and in favor of the old guaranties of habeas corpus and trial by jury1--here ,i remain4 ,gentlemen1 the ,free ,soil party1 as the name imports1 is the party of freedom4 ,the cardinal principle of their creed is1 that 8all men are created free and equal10 and that they have an inalienable right to 8life1 liberty1 property1 and the pursuit of happiness40 ,their faith consists in the assurance that1 in the good providence of ,god1 the day will yet come when the blessedness of their creed will be realized among men2 and by their works they seek to hasten the advent of that glorious day4 ,a party of ,freedom has existed in all ages of the world1 but a mightier party of oppression has been arrayed against it4 ,and though the lovers of human liberty have consisted of the greatest and best men who have ever lived1 yet they have been overborne by violence1 crushed and trampled upon by power1 buried in dungeons1 gibbeted on scaffolds1 burnt at the stake6 ,god1 like the householder who sent servants to his vineyard from a far country1 has1 from age to age1 sent great and mighty souls into the world to redeem it from oppression2 but the oppressor has seized and mutilated and martyred them1 with every form of ignominy towards the messengers themselves1 and of impiety towards the ,lord who sent them4 ,the possessors of power and wealth seek to perpetuate these advantages in their families1 their clan1 or their caste2 and over almost all the earth they have established dynasties for governments1 landed or moneyed feudalisms for lords1 and entails for individual families4 ,that we may see how fearful a thing this spirit of oppression is1 not only for its cruelties1 but for the tenacity of its malignant life1 let it be remembered that the world had existed almost six thousand years before the principles of human liberty1 civil and ecclesiastical1 were clearly and fully set forth even on paper4 ,this was first done by ,mr4 ,jefferson1 in #aggf1 in the ,declaration of ,american ,independence2 and every body knows how intensely the same partisans who are now summoning their forces against the party of ,freedom have hated him for his glorious efforts in favor of the freedom of man2 how they pursued him with maledictions to his grave1 and still break through the sanctity of the tomb to blacken his memory4 ,the immortal principles of the ,declaration of ,independence were partially embodied in the constitution of the ,united ,states4 ,but1 as the prexisting metaphysics and mythology of the heathen nations mingled with the pure spirit of ,christianity1 and corrupted it1 so the prexisting laws and usages of oppression deformed to some extent the doctrines of the ,declaration of ,independence1 and stamped some hideous features upon the otherwise fair face of the federal constitution4 ,but such a preponderance of good did that instrument contain1 that it was adopted by all the states4 ,it was adopted1 however1 with the universal understanding that the healing influence of time would purge away the virus of the disease2 and with no apprehension of the now undeniable fact1 that the disease would be allowed to spread1 like a gangrene1 over the healthy parts4 ,had our fathers foreseen that the pro-slavery clauses in the constitution would prove a curse to whole classes and races of men entitled to protection under it1 that they would be a shame to its administrators1 and an opprobrium1 throughout the civilized world1 to the name of ,republic1--it would be impious towards their memories to say they would ever have ratified it4 ,but instead of the sounder parts diffusing healthful influences1 and gradually eradicating the disease1 the diseased parts have shot their infection through all the veins and organs of the body politic1 until1 from the heart to the extremities1 there is not now to be found an uncontaminated spot4 ,or to leave metaphor for literal speech3 ,the constitution of the ,united ,states gave the most comprehensive and fundamental guaranties in favor of freedom1 with here and there only an exception in behalf of slavery4 ,it allowed 8persons0 who were held to service or labor and who should escape into other states to be retaken1 but it also secured the trial by jury to every 8person0 who should claim it on any question of life or liberty1 and on all questions of property even down to the paltry sum of twenty dollars4 ,yet there is not now1 in the ,united ,states1 a single spot1 from ocean to ocean1 where a free man is free from danger of being kidnapped and carried into horrible bondage for himself and his posterity forever2 or1--what is as keenly torturing to every mind penetrated by the spirit and amenable to the precepts of the gospel1--of being called upon1 under penalty of fines and fetters1 to surrender his soul to this accursed work4 ,now1 as a true disciple of ,christ ought to feel if he saw the imbruting dogmas and ,moloch rites of heathenism returning to invade ,christendom and to extinguish the lights of the gospel1 so should every lover of liberty feel when he sees the fell spirit of slavery regaining its lost empire over the institutions of freedom4 ,the analogy between the present condition of this country and that of ,europe is too striking not to attract attention4 ,in #ahdh1 there was a great uprising of the friends of liberty in both hemispheres4 ,thousands and tens of thousands sought to redress the wrongs of humanity1--by the cartridge box there1 and by the ballot box here4 ,the phalanx of tyranny and of mammon was unprepared for so sudden an onset1 and for a moment their ranks were broken by the violence of the shock4 ,but despotism and wealth have almost inconceivable advantages in a contest with the honest and toiling millions4 ,in ,europe1 they have the military force1--a soulless machine1 always ready to be turned against the people who are made to maintain it4 ,they have also the whole ecclesiastical power1 which leans upon the government for support1 and fights with spiritual weapons for the masters whose plunder it shares4 ,in this country1 owing to our different institutions1 the means of quelling the spirit of liberty have been different4 ,the administration have an immense amount of patronage at their disposal4 ,they give contracts to the amount of millions1 and select the contractors4 ,directly1 or indirectly1 they appoint some thirty thousand office-holders2 and1 by a lamentable reduplication of the powers of evil1 they control twice or four times that number who are aspirants for office4 ,their influence bought over the slave power1 by surrendering all our new territories to the invasion of slavery1 and by giving fifty thousand square miles of free ,new ,mexican territory to be turned into ,texan slave territory1 thus adding to the already enormous size of that slave-begotten state4 ,ten millions of dollars of almost worthless ,texan stock were raised to par value by the signature of ,millard ,fillmore4 ,during the whole pendency of the compromise measures1 agents and brokers1 reputed to be interested in this stock1 hovered about the purlieus of the national ,capitol4 ,the stock was transferred from hand to hand1 without record and without daylight1 so that1 besides the accomplices1 ,heaven and ,satan only know into whose possession it came4 ,and1 as though the means of patronage and seducement on so magnificent a scale were not sufficient1 a private purse1 almost up to the figure of fifty thousand dollars1 was presented to the 8foremost man of all this world0 in his apostasy to the principles of human liberty4 ,these1 fellow-citizens1 were among the agencies and seductions which caused the discomfiture of the friends of freedom in the national contest of #ahej4 ,the tyrants of ,europe had no vacant lands1 or ,texas stocks1 wherewith to put down humanity1 and so they used gunpowder and bayonets4 ,our slave power and its northern allies1 being debarred by the principles of our government from bullets and bayonets1 accomplished their work by the ,judas articles of scrip and 8dotation40 ,to carry out these purposes1 the generals ,haynau and ,radetsky were found there2 the senators1 ,webster and ,cass1 here4 ,the origin and the present necessity of the ,free ,soil party may be briefly stated4 ,some years previous to the annexation of ,texas1 an apprehension existed that that great breach of the constitution and outrage upon northern principles and feelings were meditated4 ,mr4 ,john ,quincy ,adams sounded the alarm2 but men were so engrossed by their business1 and by their paltry local and temporary political strifes1 that even his voice1 potent and prophetic as it was1 passed by unheeded4 ,some respect1 however1 was due1 at least from policy if not from principle1 to the many humble but earnest opponents of so flagrant a wrong4 ,before the consummation of that iniquity1 the ,massachusetts legislature passed strong resolutions against it4 ,the question was taken by yeas and nays1 and all the ,whigs and almost all the ,democrats in the general court recorded their names on the side of the constitution and liberty4 ,but the slave power then had possession of all the departments of the national government1 and under the auspices of a slaveholding ,president1 a breach was made in the walls of the constitution wide enough to let in a foreign government1 with all its burden of slavery on its back4 ,yet1 notwithstanding this perfidy to all the principles of a true democracy1 such was the external pressure brought to bear upon the members of the ,democratic party1 that but few of them abandoned its ranks4 ,they 8acquiesced10 as the modern phrase is1 when any thing specially iniquitous is to be sanctioned4 ,they were told1 as the ,whigs are now told in regard to the compromise and the ,fugitive ,slave law1 that the act was done and irrevocable4 ,the merchants were told1 as the ,whig merchants now are1 that the crime of extending slavery would at least be attended by increased profits of trade4 ,the manufacturers were told1 as the ,whig manufacturers now are1 that if the number of slaves were increased at the south1 it must create an increased demand for whips and negro cloths4 ,and the mere blind political partisans were told1 as the same class of ,whigs are now1 that if ,god designed to stop the heaven-defying enormity of spreading slavery over this continent1 he must do it in some way consistent with the integrity of the ,democratic party4 ,precisely the arguments which were then used to seduce and corrupt the ,democratic party into 8acquiescence0 are used by leading ,whigs and ,whig presses now for the same unhallowed purpose4 ,they are alike1 except that in the one case there was the crime of originality1 and in the other1 the meanness of plagiarism4 ,but from the fatal day of the annexation of ,texas1 thousands and thousands of honest and intelligent ,democrats1 though still remaining true to what they believed to be the principles of the party1 became alienated from its leaders4 ,from that day1 the claims of the party lay lightly1 but the sins of the party heavily1 upon their souls2 and some there were who1 like ,daniel of old1 went into their chambers three times every day1 and1 throwing open the windows which looked towards the ,jerusalem of liberty1 prayed aloud to the true ,god1 although within hearing of the wild beasts which had been prepared to devour them4 ,the ,whig party at the north1 and particularly in ,massachusetts1 flourished under the rection of the ,texas fraud4 ,some of its leaders1 it is true1 shouted a welcome to ,texas1 though yet afar off2 and1 even while she stood outside of the ,union1 they threw their arms around her blood-besmeared form1 hideous as ,milton's picture of ,sin1 with all her hell-hound progeny of future slave states howling in her womb1 and gave her a fraternal embrace2 and when the time came1 they were also ready to vote men and money1--human blood and human souls1--for the robber atrocities of the ,mexican war1 which a majority of the ,house of ,representatives in ,congress1 on motion of ,mr4 ,ashmun1 of ,massachusetts1 declared to be 8unnecessarily and unconstitutionally commenced40 ,my friends1 in your observations of men1 you will find there are some moral nonentities1--political availabilities though they may be1--who can listen most sanctimoniously to the ,saint ,stephens1 when they prophesy1 and then hold the clothes of the ,lynchers who stone them to death4 ,during all this period1 however1 the managers and the presses of the ,whig party discoursed and printed very edifying anti-slavery homilies4 ,as the harvest months came on1 an anti-slavery zeal became an epidemic among them2 and sporadic cases happened at other times1 depending upon the days and places appointed by the governor and council for special elections4 ,every body remembers how the ,boston ,atlas used to stir up the pure minds of the ,democratic party by way of remembrance1 by publishing1--periodically1 as they say1 and sometimes oftener1--the names of those ,democratic senators or representatives in our general court who had voted for freedom and against ,texas1 in order to show their flagrant inconsistency in still adhering to a party that had been false to liberty4 ,that paper has done some good service to our cause1 especially in holding up for a long time the ,fugitive ,slave act to reprobation1 while the other ,whig presses in the city were daily striving to hide its atrocities from public view1 and to defend what they could not hide4 ,i trust the reluctant and struggling editors of that paper are not to be overcome by the mammon of slavery1 whatever disguises it may assume or compulsion it may use4 ,i trust the slave power will never be able to use towards them the language which hell's portress addressed to ,satan3-- 8,at first they called me ,sin1 and for a sign ,portentous held me2 but1 familiar grown1 ,i pleased1 and with attractive graces won ,the most averse2 thee chiefly40 ,those prosperous days of the ,massachusetts ,whigs continued until #ahdh4 ,they thrived in basket and in store1 until1 like ,jeshurun1 they waxed fat1 and1 at least in the fourth and fifth congressional districts1 they performed some very hard kicking4 ,then came the nomination of ,general ,taylor4 ,general ,taylor was a ,louisiana slaveholder4 ,he had been the hero of the ,florida war1--as great an outrage against a race as ever ,rome or ,russia committed4 ,he had been a prominent1 and1 as many believed1 a willing instrument in spilling the innocent blood of a sister republic4 ,even should the executive divest him of military command1 or he should grow too old for service1 it was universally known that there was a full black battalion on his own plantation which he would always command4 ,the south demanded his nomination absolutely4 ,they would hear no terms1 and would offer no terms4 ,in the northern canvass it was strongly asserted that he had written a letter1 saying in so many words that he would not veto the ,wilmot proviso2 but that letter was so warily kept in a certain unmentionable part of a ,whig merchant's wardrobe1 that neither ,mesmerizers nor spiritual rappers could read it aloud to the people4 ,hence all omens foreboded evil4 ,those which we looked for on the earth augured ill to our earthly interests2 and those which we looked for above were in the wrong quarter of the heavens4 ,the character of many of ,general ,taylor's friends brought distrust upon himself4 ,he owed his election far more to the repulsion which good men felt towards his opponent1 ,general ,cass1 than to any attraction they had towards him4 ,it was an occasion that tried the sagacity and the discretion of honest men1 and ,i have always felt great charity both for his advocates and his opponents2--each being able to make out so plausible a case4 ,the course which the ,connecticut clergyman took on that occasion always commended itself to me4 ,he voted the ,taylor electoral ticket1 but indorsed a prayer on the back of his ballot1 saying that he was painfully uncertain as to the course of duty1 and imploring that his vote might be sanctified for the good of the country4 ,but ,i am happy to avail myself of this1 and of all opportunities1 to do justice to the name of ,general ,taylor4 ,he turned out a very different man from what his friends or his foes supposed him to be4 ,i believe he desired freedom for all the territories2 and1 could he have been permitted to carry out his own plans1 he would have secured not only the freedom of the territories1 but would also have consummated all the great national measures of the party that brought him into power4 ,mr4 ,clay threw the first stumbling-block in his way1 by his compromise scheme4 ,this1 alone1 might have been surmounted4 ,but ,mr4 ,webster's apostasy1 on the seventh of ,march1 turned the tide of battle4 ,it broke up ,general ,taylor's phalanx1 both north and south4 ,it roused the drooping and just yielding spirits of the slave power to frantic exertion4 ,an enemy on the field ,general ,taylor was always ready to meet2 but he was not prepared for treachery in his own camp4 ,still1 he maintained his ground resolutely1 until struck down by the power that conquers the conquerors4 ,there are many who believe it was ,mr4 ,webster's perfidy1 with the nameless labors and anxieties that came in its train1 which caused ,general ,taylor's death4 ,it remains to be seen whether the political ,macbeth shall succeed to the ,banquo he spirited away1 though all the 8weird0 brethren of the slave mart and of the 8,union and ,safety ,committees0 still tempt him onward by their incantations4 ,but it was under the circumstances of ,general ,taylor's nomination1 and not of his death1 that a portion of the ,free ,soilers parted company with the ,whigs2 as another portion did with the ,democrats1 because of ,general ,cass's avowed subserviency to the south1--and the conduct of all men is to be judged by the circumstances contemporary with their acts1 and not subsequent to them4 ,if1 however1 there are those who judge of motives by results1 this certainly can be said in vindication of the ,free ,soil party1 that the now acting ,president of the ,united ,states1 who came in on ,general ,taylor's ticket1 and is now completing his presidential term1 has done more for slavery than the ,free ,soil party ever predicted or feared would or could be done by the candidates whom they opposed4 ,even now1 when the third year of the presidential term is but half spent1 the ,whig administration1 aided by many leaders in the ,whig party1 is carrying out1 with a relentless hand1 and a more relentless heart1 worse pro-slavery measures than the ,free ,soil party ever charged upon them during the canvass1 or ever believed or conceived they could commit4 ,such was the position of affairs in ,massachusetts in #ahdh1 when1 almost for the first time within the memory of man1 the ,whigs failed1 at the polls1 to elect electors of ,president and ,vice ,president4 ,let us dwell for a moment on that crisis4 ,it was during the canvass of #ahdh that the ,whigs became so amorous towards the rank and file of the ,free ,soil party4 ,no knight-errant ever protested more fidelity1 or vowed to do more valorous deeds in his mistress' cause4 ,than some of them1 no dove ever cooed with a sweeter gurgle4 ,than others1 no stag ever offended with a ranker breath4 ,they wooed them by daylight1 by moonlight1 and by torchlight4 ,they swore belief not only in all the ,free ,soil scriptures1 but in the traditions of its rabbins4 ,the ,ordinance of '#hg they loved2 the ,wilmot proviso they loved better2 and would the coy damsel of ,free ,soilism but consent to the affiance1 the abolition of slavery in the ,district of ,columbia should gladden the espousals4 ,every ,whig rally1 from ward and school district meetings to monster mass meetings1 resounded with ,mr4 ,webster's slogan1 or war-cry1 8,no more slave states6 ,no more slave representation in the ,congress of the ,united ,states60 ,the ,boston ,daily ,advertiser1 the ,courier1 and the ,journal1 which are now south of ,south ,carolina1 in the impiety of the grounds on which they defend the wrongs and the aggressions of slavery1 and shout on slave hunts over ,pilgrim burial grounds1--all gave back the cry1 with three times three1 8,no more slave states6 ,no more slave representation in the ,congress of the ,united ,states60 ,at all their conventions1 the ,whigs 8resolved and re-resolved10 and--but ,i hope we may not be compelled to finish the line4 ,you were told there was no more need of a ,free ,soil party in ,massachusetts than of two suns in the heavens4 ,the ,whigs were the true ,free ,soilers2 they held ,free ,soilism as a hereditament1 or as an heir-loom long possessed by the ancient family of the ,whigs4 ,even ,mr4 ,webster1 who had very much withdrawn from public gaze after the ,philadelphia convention1 and who1 like ,achilles1 sat 8sulking in his tent0 and musing over the lost ,briseis of a nomination1 was at last tempted1 by a succession of brilliant retaining fees1 to come forth and reason with these recusant and contumacious ,free ,soilers face to face4 ,and what did he say8 ,addressing himself distinctively to ,free ,soilers1 he said1 8,if1 my friends1 the term #8,free ,soil' party1 or #8,free ,soil' men1 is meant to designate one who has been fixed1 unalterable1 to-day1 yesterday1 and for some time past1 in opposition to slavery extension1 then ,i may claim to be1 and may hold myself1 as good a ,free ,soil man as any member of that ,buffalo convention4 ,i pray to know where is their soil freer than that on which ,i have stood8 ,i pray to know what words they can use1 or can dictate to me1 freer than those which have dwelt upon my lips4 ,i pray to know with what feelings they can inspire my breast more resolute and firm in resisting slavery ,,extension ,,or ,,encroachment than have inhabited my bosom since the first time ,i opened my mouth in public life40 ,these1 gentlemen1 were his words1 spoken at ,marshfield1 on the first day of ,september1 #ahdh4 ,if he were here to-day to address you1 could he speak any words more grateful to your ears8 ,if only truth and a heart were in that language1 could he speak any thing better8 ,it was by such false pretences as these that thousands1 and ,i doubt not tens of thousands1 of men wholly penetrated and imbued with ,free ,soil principles1 were kept in the ,whig ranks4 ,i was one of them4 ,i had faith in men2 and ,i have it still1--with important exceptions however4 ,the needle points to the pole2 but if you bring a huge black mass of pig iron and place by its side1 it trembles1 yet deviates1 like a man struggling to be virtuous before overwhelming temptations4 ,remove the disturbing force1 and it returns to its fidelity4 ,so1 when the next presidential election is over1 ,i believe the great body of the rank and file of the ,whig party in ,massachusetts will return to their duty2 for ,i venture to say1 that if the ,whigs of ,massachusetts1 in ,november1 #ahdh1 could have foreseen the present position of their party1 and the demoralization which its leaders have been able to work in it1 not one third of them1 no1 not one quarter of them1 could have been induced to vote the ticket that elected ,mr4 ,fillmore1 brought in the present cabinet1 and brought on the present disastrous policy4 ,but1 gentlemen1 ,i am occupying too much of your time4 ,i will add but a few more words4 ,i said the address and resolutions of the ,whig ,state ,convention1 held at ,springfield1 last week1 brought me here4 ,i have read them with profound sorrow4 ,it was the first ,whig convention that ever met in ,massachusetts that did not at least put forth some noble doctrines in favor of freedom1 whether they meant to stand by them or not4 ,yes1 even the convention of #ahej1--only one year ago1--passed the following3-- 8,resolved1 ,that ,massachusetts avows her unalterable determination to maintain all the principles and purposes she has in times past affirmed and reffirmed1 in relation to the extension of slavery40 ,and yet the late convention1 the first one that has met since the resolution which ,i have just read was adopted1 has endorsed the present administration1 which has done more to corrupt and deaden public sentiment at the north1 as to the wrongs of slavery to the enslaved1 and its injury to the free1 and to aggrandize the pro-slavery south1 and foster and encourage1 ay1 and reward its aggressions2--has done more1 ,i say1 than any other administration that ever existed under this government4 ,history will bear me out in this statement4 ,yet1 at this crisis in human affairs1 the one idea1 the master purpose of the address and resolutions of that convention1 seems to have been1 to disparage and depreciate the great1 eternal principles of freedom1 and to bring odium and contempt upon the only party now organized for their support4 ,gentlemen1 the ,whig leaders1 in this respect1 and in regard to this most important and paramount attribute of the ,whig party1 have lurched and lurched round1 until they have got into the very trough of the pro-slavery sea4 ,its members1 ,i admit1 are free to follow them to their ruin1 if they will2 but free1 too1 ,i thank ,god1 to go on in their old course1 steering for the haven of honor and liberty4 ,i give the great majority even of the ,whig leaders the credit of having yielded to this pressure reluctantly1 and under what they deemed a sort of political duress2 for1 gentlemen1 a new and most alarming fact in the history of the ,whig party of this country has been developed within the last two years4 ,it is this3 formerly1 and universally1 the ,whig administration was supposed to be chosen to carry out the views of the ,whig party2 but the present administration1 having abandoned the grounds on which it obtained power1 and having1 for its own purposes1 taken new grounds1 now demands of the ,whig party to carry out1--not the old policy of the ,whigs1 but the new policy of the administration4 ,fellow-citizens1 could ,mr4 ,fillmore by any possibility have been elected1 in #ahdh2 could he have got so many as ten thousand votes among all the ,whigs of the ,northern ,states1 had his present attitude on the subject of slavery been foreseen8 ,was there ever an hour when ,mr4 ,webster could have obtained one tenth part1--one fiftieth part1--of the votes of the ,massachusetts legislature for the office of senator1 had the curtain of the future been lifted up1 and his present position been revealed8 ,you know there never was4 ,but1 during the year #ahej1 without any initial change1 or symptom of a change1 on the part of northern ,whigs1 the administration1 prompted by its own purposes1 or yielding from its own weakness1 faced square about2 and ever since that time it has been striving1 by all the lures of patronage and the terrors of denunciation1 to force the ,whigs of the north on to a kind of political turn-table1 like those railroad turn-tables you see at a car-house1 so that the whole party1 too1 should be faced square about1 made to retrace their course1 by going backward among the same people who had seen them go forward1 shouting down all they had shouted up1 and forswearing all the glorious doctrines of liberty to which the whole world had heard them swear4 ,gentlemen1 if1 in this stress of circumstances1 any body asks me1 8,where shall ,i go80 my reply is1 ,don't get on to that political turn-table which the administration has prepared for the ,whig party1 and not the ,whig party for the administration2 for it will carry your country to ruin1 and yourself to dishonor4 ,during the canvass last autumn for a member of ,congress for the eighth district1 when1 as you all know1 there were such 8godlike0 exertions made against my election1 ,i was asked1 as a test question1 by numbers of most respectable members of the ,whig party1 what ,i thought of the ,free ,soil party1 and their proposed coalition at that time4 ,i replied to them in the following words1 and my answer is now on record in the hands of my constituents3 8,i say1 as ,i have often said1 that1 if the ,whigs will live up to their professions a hundred times made1 ,i see no reason or warrant for separate organizations or coalitions4 ,but if the great body of the ,whigs mean to belie all their professions1 and to persecute and punish all who remain faithful to the lessons which the ,whig party itself has been teaching so strenuously for so many years1 then what true ,whig can blame any man for attempting to carry out what the ,whigs themselves have promised to do1 but have abandoned80 ,but the ,massachusetts ,whig ,state ,convention at that time passed the most pointed and emphatic resolution1 affirming anew what they avowed themselves to have affirmed and reffirmed so often before1 on the subject of slavery4 ,i reposed trust in their honesty2 ,i believed in their veracity2 and1 as a consequence of my faith1 ,i voted the entire ,whig state ticket4 ,having read their last address and resolutions1 ,i must now say1 that if they desire any more votes of mine1 they must revive my faith by some new evidence of their good works4 ,let me advert to a few of the more salient points in that address4 ,it labors to sustain a charge of coalition against the ,free ,soil party4 ,well1 before ,i either approve or condemn a 8coalition10 ,i must know by whom1 and for what purpose1 it was formed4 ,a coalition1 ,i suppose1 like other acts1 must be right or wrong according to the motive that prompts it4 ,but it is said the ,free ,soil party formed an alliance with those who1 on some important points1 had no sympathy with it4 ,and where is this said8 ,why1 in a land where our revolutionary fathers1 fighting for freedom and for a republic1 formed an alliance or coalition with monarchical and despotic ,france1 and with monarchical and despotic ,spain4 ,what were the points of resemblance or unison between the ,american ,confederation on the one side1 and ,france or ,spain on the other8 ,in government1 in policy1 in manners1 in education1 in religion1 nothing could have been more different4 ,in what did they agree8 ,in hostility to ,great ,britain alone2 but not in a single one of the reasons for that hostility1 nor in but one of the objects to be accomplished by it1--the humiliation of a haughty and overbearing power4 ,at the same time1 ,great ,britain formed coalitions with the ,north ,american savages1 to extinguish the rising dawn of freedom4 ,and in this they have been too faithfully imitated by the old hunkers of both parties2--imitated1 ,i say1 not only in the object and spirit of the coalition1 but in the weapons with which the warfare is waged4 ,yes1 fellow-citizens2 for there is an attempt1 and that attempt is to be followed up1 to overwhelm the ,free ,soil party by obloquy and denunciation4 ,there is to be a cry of 8bargain and corruption0 to put down the ,free ,soil party1 just as the administration of ,mr4 ,john ,quincy ,adams was put down by the same cry4 ,who now believes any thing about the charge of 8bargain and corruption0 against ,mr4 ,adams1--except that it was a villanous charge8 ,i believe the same charge against the ,free ,soil party will have come1 twenty years hence1 to the same result1--that of conferring honor upon its object1 and infamy upon its authors4 ,but it is said the ,free ,soil party have seized the offices and emoluments of the state4 ,i was absent last ,january at the time of the organization of the state government2 but ,i have heard that those who were distinctively called ,free ,soilers received only the office of secretary of state1 and president of the senate1 and two or three out of the nine councillors2--all of them nearly or quite without patronage4 ,i suppose all their emoluments combined would not equal what is received by the ,boston postmaster1 or the collector of the ,boston port4 ,vast 8ways and means0 these for the corruption of the people6 ,the whole of them would not suffice a cabinet officer for a bonne bouche or a tidbit4 ,and now ,i suggest a further point4 ,was there a single ,free ,soiler who received an office last winter1 on what is called the division of the spoils1 which the people1 when they voted for him at the polls1 did not desire and mean that he should receive8 ,now1 ,i need not say that when men conspire or coalesce for a selfish purpose1 whether that purpose be office1 or emolument1 or the profits of trade1 or the increase of dividends1 and especially if they sacrifice great principles of public utility1 or morality1 or religion1 for the selfish end1 ,i condemn the deed with my whole heart4 ,so when representatives1 or agents of any kind1 are elected or appointed for special purposes1 and by votes or influences without which they could not have obtained their posts1 and then1 for their own ambitious or mercenary objects1 they coalesce to defeat the will of their constituents1 any severity of language1 in holding up their conduct to reprobation1 may be used with my full consent4 ,precisely of this nature was the coalition between ,mr4 ,webster and ,general ,cass1 to carry through the compromise measures and the ,fugitive ,slave bill4 ,both were agents1 both betrayed and violated the will of their principals4 ,could ,mr4 ,eliot1 of ,boston1 have been elected to ,congress1 had he avowed his intention to vote for the ,fugitive ,slave bill8 ,every body knows he could not4 ,yet he coalesced with the secessionists1 ,messrs4 ,clingman and ,venable1 of ,north ,carolina1 and with the whole ,south ,carolina disunion delegation1 in voting for the ,fugitive ,slave bill4 ,for ,massachusetts1 it was said that the passage of that bill would raise the price of manufacturing stocks2 as1 for ,north ,carolina1 it would increase the profits of negro-breeding4 ,here1 then1 are cases of coalition between persons mutually hostile on other points2 and all the northern members engaged in it1 not to carry out1 but to defeat1 the will of their constituents4 ,but the coalition entered into by the ,free ,soil party in this state1 last year1 was a coalition planned1 formed1 sanctioned1 and executed1 as far as they could execute it1 by the people themselves1 acting in their original1 sovereign capacity1 at their primary meetings1 and at the ballot box4 ,it was not originated by representatives against the wishes of their constituents2 but the representatives carried out what the people who chose them willed4 ,what conclusively proves this to be so is1 that the people who elected these representatives were satisfied with what they did2 and1 since the work has been done1 have shown their approval of it in every practicable way4 ,there may be wrong motives prompting to the most useful and beneficent acts1 as good motives sometimes lead to the most pernicious conduct2 but ,i am speaking of these acts of alleged coalition which were instituted by the people themselves1 discussed in their hearing at all the primary meetings and all the conventions1 and afterwards ratified by their votes2 and ,i say1 to compare such a coalition with that which took place between ,whigs and ,democrats in the ,senate of the ,united ,states1 and between unionists and disunionists1 slave-breeders and manufacturers1 in the ,house1 to carry through the compromise bills and the ,fugitive ,slave bill1 seems to me illogical1 preposterous1 and absurd4 ,but it is said that the bargain in the one case was open and public2 and that its terms were reduced to writing1 like a bond or covenant between individuals4 ,is it any the worse for that8 ,had you not as lief have an open bargain that you can see1 as secret ones1 like the ,texas stock bargains1 that you cannot see8 ,i suppose that coalitions can be implied and understood1 as well as contracts4 ,why1 have you not seen such an implied coalition carried out in ,faneuil ,hall within a year1 when the ,hon4 ,benjamin ,f4 ,hallett led on his cohorts1 and the ,hon4 ,rufus ,choate advanced his forces to join them2 when ,mr4 ,benjamin ,r4 ,curtis joined hands with ,mr4 ,david ,henshaw1 who was present by letter1 if not in person1--honorable men all1--and formed one of the most loving and harmonious coalitions out of as heterogeneous and repulsive elements as ever chaos jumbled together1--a coalition not to lift the bleeding form of liberty up1 but to crush it down4 ,the coalition entered into by the ,free ,soilers certainly did one thing which would atone for many errors4 ,they elected ,mr4 ,charles ,sumner to the ,senate of the ,united ,states4 ,and ,i cannot believe there is a man to be found in any party so shameless and depraved as to charge ,mr4 ,sumner with any dishonorable coalescing1 or with being tainted1 in a hair of his head or in a filament of his garments1 with 8bargain and corruption40 ,mr4 ,sumner was not elected on any principle of availability1 but on the principle of 8,detur digniori10--8,let it be given to the most worthy40 ,his lofty pedestal is too firm to be shaken by any such accusation4 ,his character is not to be affected by any office which he shall hold1 but only by what he does1 whether in office or out of it4 ,while defending1 in this way1 the principle of coalitions1 when formed by the people themselves1 no one1 of course1 could be understood as pledging himself to vote for all their measures4 ,this would be the old and wicked partisan principle of standing by our party1 right or wrong4 ,i am also free to say that there is1 in my opinion1 a prima facie objection against coalitions2 but ,i cannot doubt the existence of cases where they are not only justifiable1 but laudable4 ,i lay down this great principle3 ,i think the ,free ,soil party should act at any time1 on any point1 with any party through whom they can help the cause of freedom4 ,the ,whig address remarks as follows3 8,we are now able to say1 after the experience of nearly a twelvemonth1 that it1 the administration1 has fully earned the confidence which we awarded to it in advance4 ,the great interests of the country have been faithfully cared for60 ,i ask1 ,what great interests of the country have been faithfully cared for8 ,what interest of the ,whig party1 assuming to be the country1 has been faithfully cared for8 ,have we got a tariff8 ,mr4 ,webster dissipated all chance of that for the present1 and ,i fear for years to come1 when he taught the south to threaten and prevail4 ,have we any river and harbor appropriations8 ,alas6 northern capital and northern lives still go to the bottom on our western waters4 ,is the financial policy of the country changed8 ,let the condition of the money market for the last few months1 and also its prospective condition1 grinding the middle classes of tradesmen and manufacturers as between the upper and nether millstone1 answer this question4 ,a reform in all these particulars would doubtless have been affected but for ,mr4 ,webster's apostasy2 but where are these reforms now8 ,if they exist at all1 they exist in some indefinite future4 ,what interest of the country1 then1 has been faithfully cared for or secured8 ,not one6 ,not one6 ,the most prominent member of the administration has been engaged in carrying out the policy of the south1--in visiting southern cities to pander to the slave power1 and northern cities to stifle the spirit of freedom4 ,two armed expeditions have been fitted out in our own ports against the territory of a government with which we are at peace1 resulting in the loss of hundreds of lives1 while the ,president and his first secretary have been spending their time gayly at watering-places4 ,when some of our citizens1 a few years ago1 afforded some assistance to the 8,liberals0 of ,canada1 in favor of a movement which ,canadians themselves had already set on foot1 the government promptly and energetically interfered4 ,but ,canada and ,cuba are wider apart politically than they are geographically4 ,slavery makes the difference between them4 ,the only valorous exploit of this administration was the issuing of a proclamation1 when one southern slave1 from among three millions1 escaped from the house of bondage1 and found that protection under the ,british ensign which was denied to him by the ,american flag1 and that right to a trial by jury under a monarchy which was denied to him by a republic4 ,or1 if any other act should be added to the preceding1 it was the ,president's letter to ,dr4 ,collins1 of ,georgia1 offering the use of the army and navy of the ,united ,states to catch one poor white woman1 ,ellen ,crafts1 and her husband1 and return them to bondage4 ,in another passage of the ,whig address all disguise is cast off1 and it is openly declared1 that the giving of an extra slave state to ,texas1 with territory enough for half a dozen more as large as ,massachusetts1 and ten millions of dollars in addition to that1 and the statutory permission that slavery may go into ,new ,mexico and ,utah1 and even that abhorred enactment1 the ,fugitive ,slave law1 are only 8factitious and imaginary0 grounds of complaint4 ,the ,free ,soil party is condemned because it takes any notice of such 8factitious and imaginary0 causes4 ,a three-penny tax on tea was a real grievance1--one fit to be resisted unto blood1 to be historically recorded1 and to which we are not ashamed to refer when descanting upon the honor of our fathers4 ,but such largesses to slavery as kings could not afford to give1 and the robbery of an entire race of all its rights1--yes1 and with authority1 too1 to make us help commit the robbery1--these are 8factitious and imaginary0 causes of dissatisfaction4 ,men of ,massachusetts6 moral and religious men6 lovers of freedom and of your country1 were you prepared for this8 ,but the address goes still further4 ,it goes into an elaborate palliation of the ,fugitive ,slave law itself4 ,it first attempts to shift the question by asking the ,free ,soilers what they would do with regard to the constitutional provision respecting escaped slaves4 ,the views of the ,free ,soil party on this point1 and their purpose of fidelity to the constitution1 have been set forth a hundred times4 ,in further answer1 therefore1 to this question1 ,i trust it is only necessary to remark1 that the ,free ,soil party will do what they say1 and not pass ten long years in asserting1 and protesting1 and resolving1 and calling ,earth and ,heaven to witness their devotion to ,freedom1 and then disavow all they had ever avowed1 and forswear their oaths4 ,let me read to you the disparaging and contemptuous remark of the address on that great palladium of human liberty1 the trial by jury4 8,is nothing meant10 it gravely asks1 8but the substitution of the verdict of a jury for the decision of a judge40 ,nothing but--what8 8,the verdict of a jury for the decision of a judge10 that is1 of a commissioner6 ,and are the persons who prepared that address so nearly stone blind as not to recognize the infinite difference between the verdict of a jury and the decisions of such commissioners as ,messrs4 ,ingraham1 ,smith1 and ,nelson8 ,ingraham1 of ,philadelphia1 sent a man into bondage whom the alleged claimant refused to receive as soon as he saw him1 knowing that all his family1 and all his slaves1 and all his neighbors would see that he had no right to him4 ,smith1 of ,buffalo1 gave a certificate to carry ,daniel into slavery1 when not a single item1 or particle1 or tittle of legal and admissible evidence was before him as proof1 as was afterwards shown by ,judge ,conkling1 of the ,united ,states court4 ,nelson1 of ,new ,york1 forced the facts in ,bolding's case to bring them within the law which he himself had laid down1 as much as ever a fraudulent book-keeper forced balances to cover an embezzlement4 ,sims1 instead of having common-law notice and time to send for evidence1 was seized at night on a false and trumped-up charge of stealing4 ,daniel was knocked down by the claimant's agent with a club1 tumbled and tortured upon a hot stove1 his scalp torn open1 and then compelled to go to trial1 while1 as described by an eye witness1 8he sat dozing1 unable to talk with his counsel1 with the blood slowly oozing out of his mouth and nostrils40 ,hamlet1 ,long1 and ,bolding were sprung upon as remorselessly as a tiger springs upon a lamb1 and carried to trial without being allowed to go to their respective homes to bid farewell to their families4 ,an alleged slave has lately been taken from ,pennsylvania who was seized in the night1 tried in the night1 and carried away on the same night1 without any opportunity for preparation1 for counsel1 or for defence4 ,the kidnapper1 ,alberti1 now lies in a ,pennsylvania prison for carrying away a mother and her child2 but the mother and the child are now groaning under the lash of a southern taskmaster4 ,had this villain1 ,alberti1 and his accomplices been detected while the victims were still in their hands1 ,i suppose he would have carried them before ,mr4 ,commissioner ,ingraham1 and had the wrong legally rectified1--the blackness of the crime judicially washed white4 ,these are but specimens of what the ,fugitive ,slave law has already done1 before the public mind has become familiarized with its brutalities1 and while there is yet some sensibility to the claims of justice and mercy left among us4 ,and yet the writer of this address and the committee that offered it1 ask us whether all we mean is the substitution of the verdict of a jury for the decision of a commissioner4 ,i answer1 that this difference which they so be-little and disparage will often be all the difference between freedom and bondage1 between life and death1 between honor and infamy1 between happiness and perdition4 ,and now1 fellow-citizens1 if1 in addition to having our northern freemen kidnapped in southern ports1 and imprisoned and sold into bondage2 if1 in addition to fighting for foreign territory to be added to the domain of slavery2 if1 in addition to being taxed1 in sums of millions and tens of millions1 to fortify the slave power2--if1 in addition to all this1 we are to be deprived and defrauded of that noble and venerable institution1 the trial by jury1--an institution sanctified by the blood of martyrs1 hallowed by the prayers of sainted patriots1 held sacred by all good men1 and taught to their children like the living oracles of ,god2--if this attempt is to be made1 as the late ,whig address foreshadows1--then ,i say1 a more flagrant case of apostasy is nowhere to be found on the records of any history1 sacred or profane1 since ,satan broke into paradise and ,websterized our first parents4 ,i shall advert to but one more point in the address4 ,it speaks of the 8pitiable humbug of ballot envelopes40 ,now1 gentlemen1 ,i may be all wrong on this subject4 ,my instincts1 reason1 judgment1 conscience1 may all mislead2 but from the first time1 now years ago1 when ,i heard this subject broached1 my instincts1 reason1 judgment1 conscience1 have all been in its favor4 ,why1 fellow-citizens1 the ballot is worse than useless1 if it be not ,,free6 ,better be debarred from the privilege of voting at all1 than to be mocked with the form1 while cheated of the substance4 ,a southern slave stands higher1 politically1 than a northern laborer1 if the latter must vote as his employer dictates4 ,it may be very well for an opulent man1 one of vast fortune1 who is dependent on nobody1 and so cares for nobody1 who goes quarterly and takes his thousands of dollars for rents or dividends2 it may be very well for him to laugh at the secret ballot1 and call it a 8humbug20 but let us look at the other end of the scale4 ,let us look in the thousands of day-laborers1 of workmen on corporation grounds1 of dependent clerks1 of subordinates at custom-houses and other public offices1 and so forth1 who have no capital but their industry1 no resources but their daily earnings1 who have an aged mother or dependent sisters to support1 or a family of children to be fed1 clothed1 and educated2 who may be turned out even of the humble tenements where they live1 as winter is coming on2 who may be refused promotion or advancement in their work and in their wages2 and in regard to some of whom the wolf of hunger sits growling at the door2 let us look at these1 ,i say1 and then answer the question1 whether they ought not to be protected in voting according to their judgment and conscience4 ,the liberty of voting includes all other liberties4 ,the man of independent circumstances has this liberty2 and no man's circumstances1 not even the poorest and the humblest1 should be so dependent as to take it away4 ,i do not desire this secret ballot law for myself4 ,i like to lay my ballot in the box1 face upwards1 looking heavenward2 looking the ,paul ,prys who hover round1 full in the eye2 but ,i am willing and glad to put that ballot in an envelope1 in order to protect my poor neighbor1 the bread of whose mouth1 the shelter of whose family1 and the education of whose children1 may depend upon the vote he gives4 ,ay1 ,i go further4 ,i should think that any high-minded man1 any man having proper sensibilities respecting his relations to his social inferiors1 would rejoice in such a law as this2 because it would take away all ground of accusation or imputation that he would do so unrighteous and dastardly a deed as to invade a dependant's right of voting as it might seem to him good4 ,gentlemen1 it is said1 in one of the ,springfield resolutions1 that the last legislature cost the state an extra fifty thousand dollars4 ,whether it did or not is not of any very vast importance2 though ,i confess ,i have a great respect for ,poor ,richard's economy1 and would save all that ,i could4 ,but does not the very mention of this sum of fifty thousand remind one of another sum1 almost precisely the same1 which was spent last year on one of ,mr4 ,sumner's predecessors in the senatorial office8 ,and if it cost fifty thousand dollars for a ticket to pass ,mr4 ,webster out of the ,senate1 it was surely worth as much for a ticket to pass ,mr4 ,sumner in4 ,gentlemen1 ,i close by remarking that it is in view of these great questions of human freedom1--in view of the solemn responsibility in which we stand to our country and to posterity1 that we have assembled here to-day4 ,may this meeting prove to be a concentration of rays of scattered light and wisdom1 meeting and burning in a focus1 and then sending back illumination and cheering to all the parts of our beloved commonwealth4 ,if1 in my humble way1 ,i can do any thing to promote so glorious an object1 my services are at your disposal4 ,,footnotes3 #be ,seneca4 ,the passage is quoted in the ,dedication1 pp4 ix41 x4 ,transcriber's ,notes ,page #bd3 8chaper #da10 changed to 8chapter #da10 ,page #ajg3 8,from the speeeh0 changed to 8,from the speech0 ,page #afa3 8,hebpurn et al0 changed to 8,hepburn et al0 ,page #ahi3 8,sierra ,neveda0 changed to 8,sierra ,nevada0 ,page #aij3 8not only guranties0 changed to 8not only guarantees0 ,page #bci3 8#cf #cj0 changed to 8#cf #cj0 ,page #bfe3 8leger book0 changed to 8ledger book0 ,page #bhg3 8synonymes given0 changed to 8synonyms given0 ,page #cae3 8wordly affairs10 changed to 8worldly affairs10 ,page #cba3 8travel though any part0 changed to 8travel through any part0 ,page #ccc3 8reverened and learned0 changed to 8revered and learned0 ,page #ccf3 8be villified0 changed to 8be vilified0 ,page #cgf3 8of ,new ,hamphire0 changed to 8of ,new ,hampshire0 ,page #dad3 8the apellants0 changed to 8the appellants0 ,page #ddd3 8as orginally0 changed to 8as originally0 ,page #dfd3 8wordly advantages0 changed to 8worldly advantages0