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Prof. B.C. AdaniB

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ANNALS

OP

THE CONGRESS OF THE UNITED STATES.

SIXTEENTH CONGRES S — FIRST SESSION.

!?

THE

DEBATES AND PROCEEDINGS

IN THE

CONGRESS OF THE UNITED STATES;

WITH

AN APPENDIX,

CONTAIifINO

IMPORTANT STATE PAPERS AND PUBLIC DOCUMENTS,

AND ALL

THE LAWS OF A PUBLIC NATURE;

WITH A COPIOUS INDEX.

SIXTEENTH CONGRESS — FIRST SESSION:

COMPRISING THE PERIOD FROM DECEMBER 6» 1819, TO MAY 16, 1820,

INCLUSIVB.

COMPILED FROM AUTHENTIC MATERIALS.

WASHINGTON:

PRINTED AND PUBLISHED BT GALES AND SEATON.

18 55.

^"

1281

HISTORY OF CONGRESS,

1282

Fbbruabt, 1820.

0/ Mu&ouri,

H. OF R.

the United States, for the slaves were considered and protected as property on both sides ,of the Spanish line, and the emigrants from the United States found the additional quantity of granted land they could acquire for every slave, made their removal advantageous. Who, then, under these circumstances, would have thought the property of slaves insecure by the provision in the treaty for the maintenance and security of property ? An- terior to the treaty of cession the citizens of the old United States received large sums of money for slaves sold and transported by the avenue of the Mississippi to Louisiana; and had the treaty pre- served a total silence, with regard to the protec- tion of property, it would be irreconcileable with justice that we should first sell those slaves to the jnhabitants, and, after securing the pKrice, proceed to emancipate them, or lessen Uieir utility or value by emancipating their descendants. We are ask^ to bind, limit, or manacle the proposed State of Missouri. Are we to do so because we are more trustworthy respecting their own interests than themselves? We have legislated over the people of that Territory for seventeen years, and, during all that time, our humanity slumbered. We suf- fered slaves to pass the Mississippi, and thereby enhanced the price of our lands ; and, in propor- tion as we anticipate the closing the land sales, and the . cessation of our interest in permitting slaves to go, our humane sympathies are excited until we at last become so willing to prohibit sla- very that we contemplate a new sort or State, with only a portion of the features and capacities re- tained by the other parties to our great compact. I will now give attention to what gentlemen who favor the restriction have urged, on the score of precedent. They say they are autnorized, from the restrictions imposed on Ohio, Indiana, and Il- linois, to build the power of Congress to adopt the amendment of the gentleman from New York on precedents. Precedents may be useful to impart to free government uniform and steady nerves, and to ffuard against the encroachments of prejudice and passion. There can, however, be no prece- dent in relation to the powers of our national com- pact of such antiquity as to acquire any great por- tion of authority when unaccompanied by demon- strations of their orthodoxy ; for the Constitution was only adopted in 1787, since which, and until this Winter, the history and journal of the Conven- tion have been secret But, in subscribioc to the authority and utilityof precedents, it shouhi be re- membered that they are not to transcend their le- gitimate sphere. When a jurisdiction, power, or authority, is found or known to exist, precedents are interposed, that it may not be perverted by the use of arbitrary discretion ; but this jurisdiction or power must be shown, to exist before we admit its need of precedents for its regulation. An attempt is here made, not to regulate the powers and busi- ness of Congress by precedents, but to derive those powers also from the same source. If precedents were lawful weapons in accomplishing such an object, how easy would be the task of showing that the State Legislatures could pass bankrtwt laws, which they have alviraya done, although the

16th Con, 1st Sbs0.--41

supreme tribunal has lately declared a differoit opinion ? How easy also might the obligation of the State magistrates and judges to execute the laws of the Union be established^ although denied by the most respectable authorities in the States? Indeed, the admission of precedent as authority on such topics would ripen the confederacy into that condition, at no very distant period, in which it might be asserted that the powers of Congress, like those of the British Parliament, had their base in {Hrecedentj and not in the grants of our written Constitution. I am, however^ wrong in wasting time in exceptions against the improper use of pre- cedents ; for, with the admission that preced^ts could as well have place in giving birth to politi- cal power as in the regulation of confessed pow«s, the restrictionists will acquire nothing serviceable to them, because precedents are in no case valuable unless considered as adjustments, on mature delib- eration, of contested questions ; whereas, the peo- ple of Ohio, Indiana, and Illinois, having consented to all the regulations sought for by Congress, and those regulations being <»dled into existence, as it were, by their request, the question of the power of Congress was not disputed or discussed. It is ad- mitted that the people of Missouri are unwilling to be restricted, and tne question now first .presents itself as to our Constitutional power to impose the restriction without their consent.

The view which I have submitted suffices, in my humble opinion, to show that the position as- sumed by the restrictionists is not susceptible of aid from precedents, and if it was, that there are no legitimate or proper precedents to aid it ; and here f would be willing to rest this topic, were it not for the strange and objectionable inferences which ffentlemen strive to deduce from the ordi- nance of 1787, for the government of the territory northwest of the Ohio river. The fourth section of that ordinance declares "that certain articles shall be considered as articles of compact between the original States and the people and States of that Territory, and forever remain imalterable, unless by common consent :" and the sixth article declares that " there shall be neither slavery nor in- voluntary servitude in the territorv."

Gentlemen insist that this article restrained the people of Ohio, and the other States formed in that Territorv, from adopting any provision in- consistent witn it in their state constitutions, with- out the consent of Conffress, and at the same time afforded an instance of the authoritv of Congress thus to restrain the new States. This aspect of the <»dinance is certainly plausible at first view, Irat not dangerous ; for the idea of a power in Con- gress not omy to impose on the people of a State a constitution not dictated by, or growing out of the federal compact, but to impose such arbitrary constitution on a people before they have sprung into existence, as was the case with regard to the then future or expected communities of Ohio, In- diana, and Illinois, is apt to shock the imagina- tion^ and stimulate such further inquiry as must obviate the error.

I contend that the sixth article of the ordinance, whatever be ite mode of expression, was temporary

283 S7Z

1288

HISTORY OF CONGRESS.

1284

H. OF R.

Admission of Missowri.

February, 1820.

in its operation, and only intended to be adopted for the gorernment of tne Territory whilst a ter- ritory, dependent on the legislation of Congress, and would ha7e been no part of the State consti- tution of Ohio, unless by the free adoption of the {people of that State. To sive it this interpreta- tion consists both with the obligations of Congress and the peculiar relation between Congress and the Territory. It will consist, in the first place, with the oblijgfation incurred by Congress in the acceptance ofthe cession of the territory from Vir ginia, the deed of cession having proviaed that the States to be formed in the Territory should be dis- tinct republican States, and admitted members of the federal Union, baring the same rights of sov- ereignty, freedom, and independence, as the other States, which they would not have, unless permit- ted to govern themselves in all respects where not restrained by the federal obligation. I say, in the second place, that the interpretation I give best consists with the relations which existed between Cong[ress and the Territory; for the communities forming in the Territory, being destined for free States, and Congress having only a temporary power over the Territory, it was not presumable that Congress, in such circumstances, could desire to make an everlasting regulation — ^no, not even by the consent of the people, who were not then in beinff, or in a condition to do any thing which would bind the future people of the country, as- sembled in convention.

Permit me now, sir, to beg a more particular examination of the ordinance of 1787, and a view of its parts in their just distribution. The ordi- nance comprehends —

1st. A constitution and bill of rights ;

2dly. Provisions for the creation of new States;

3dly. A recosmition of the mutual interests and relations whicn shall subsist between the new States and Congress.

The first two parts, the constitution and bill of rights, and the provisions for the birth of new States, were intended as temporary regulations. The third, or the part in relation to the respective Qr mutual interests of Congress and the new States, was to remain perpetual.

1st. The ordinance comprehends a constitution and bill of rights. The constitution is found in the erection of a Territorial government. In pre- scribing the respective departments of that gov- ernment, as that there shall be a Governor, to be appointed by Confess, who should have tne ap- pointment of magistrates and civil officers ; that there should be a General Assembly, to be elected by the free white male inhabitants of the counties and townships, to serve for the term of two years; that there should be a Legislative Council, to con- sist of a certain number, and appointed as therein prescribed ; that the Council and General Assem- oly should have legislative powers, subject, how- ever, to the negative of the Governor ; that there should be a secretary, judges, dec. ; that there should be no law affecting private contracts, nor contrary to the ordinance, &c. Here, then, we have a Ter- ritorial government, with legislative, executive, and judiciary powers; but the ordinance affords

more. The framers of this Territorial constitu- tion were men fashioned after the manners and notions of our English ancestors, who have always conceived that a grant or recognition of legislative power should be accompanied by a magna charta^ or bill of rights, declaratory of certain fundamen- tal principles, by which those intrusted with such important power should be guided. They there- fore furnish in the ordinance a bill of rights, which, like similar declarations theretofore adopted by many of the States, was an imitation of the de- clarations of inagna charta and of the bill of rights ofthe first year of William and Mary. We ac- cordingly find it provided that the people shall be entitled to the haoeas corpus, trial by iury, repre- sentation^ iudicial proceedings according to the course of the common law ; that bail should be allowed, fines be moderate, cruel or unusual pun- ishments not inflicted ; that no man should be de- prived of liberty or property but by the judgment of his peers or tne laws of the land, ^.

2d. The ordinance has provisions for the crea- tion of new States, which are found in Uie fifth article, prescribing the time and circumstances in which tiie new States should be formed.

3d. The ordinance contains a recognition of certain relations of interest between the Greneral Government and the new States, which is foimd in the 4th article, and were intended to remain per- petual. But an examination of the provisions of the 4th article (which all will agree was to be prpetual) will prove the just caution of Congress m abstaining from all pretence of binding thoise people after the period designed for their emanci- pation. For these perpetual provisions are mere declarations of the obvious rights and obligations which would at all events have governed their mutual relations, if not inserted in the ordinance, although expressed to remove doubts and give as- surances to those who might feel concerned ; such as, that the new State should forever remain a part of the Confederacy ; that the inhabitants should contribute their portion of the national debt ; that the new States should not interfere with the pri- mary disposal of the soil, or tax the lands of the United States ; the clause also declaring that the navigable rivers should be common highways, was the proper result of the 4th article of the old act of confederation of the States.

That so much of the ordinance as I have desig- nated under my second head, which prescribes the time and manner in which the new States shall be formed, was intended to be temporary, and expire with its execution, whenever the territory became competent to form a State government, will not be questioned.

That so much ofthe ordinance contained under my first division as created a constitution for the territorial government, was only intended as a tem- porary provision, is also evident, as no one will contend that the territorial constitution and depart- ments could continue after the formation of a State constitution and government That so much of the ordinance (arranged also under my first head) as is resolvable into a bill of rights, is temporary with regard to duration, would seem to follow the

.^\

1285

HISTORY OF CONGRESS.

1286

Fbbrdart, 1820.

Admission of Missouri,

H. or R.

admission that the territorial constitution was tem- porary, especially if I am right in supposing (as I nave done) that the object and use of the bul of rights was a declaration for greater certainty of the great principles which was to gorem the ex- ercise of the powers granted by the constitution. The bill of rights would then only retain its being, whilst the constitution, to which it is a predicate, remained in force, which would of course be during the continuance of the territorial gorernment, and no longer. But, as ray immediate object now is to arrive at the result that the bill of rights was not binding on the people of Ohio after the com- petency to form a State constitution, my purpose will be as well accomplished by the suo^gestion of an idea not so intimately connected with duration.

Bills of right, or declarations of right, hare been resorted to by our ancestors, to secure themselves against the abuse or oppression of legislative Or executive authorities. They were the tx)nds of the sovereign, held by the people, as a fence against him. They conferred no legislative or executive powers \ but, as far as the^ operated, constrained those powers. They difierca from our modern American constitutions, as an imperfect does from a perfect right or obligation, or as a moral obliga- tion is different from a legal obligation ; for if the bill of rights was transcended, the excess was morally wrong ; but, if the constitution be trans- cended, its legal operation is felt by annulling the excess of authority.

As a bill of rignts imposes no obli^tion^ except on the Grovernment, none other can violate it. The people can violate no obligation in relation to it, for they are under no such obligation. It is a schedule of their rights, not of their duties ; those rights which our ancestors were used to say " doth appertain to the people of this realm." Who ever heard of the people being bound by a bill of rights ?

Gentlemen will have observed that the threefold division to which I have resorted is sufficient to comprehend the whole of the ordinance of 1787 ; and we have only to inquire to which of the three respective heads is the 6th article, inhibiting slavery, referable. It is not referable to the third head, which comprehends those interests, claims, and obligations, which arise out of the relations between Congress and the new States. The obligation to discliarge a portion of the federal debt, to exempt p^ublic lands from taxation, and open the navigable rivers to the whole continent^ ic, were objects affecting the permanent relations to the General Grovernment ; but whether slavery should exist in that country, like the provisions of the habeas corpus, jury trial, &c.,only concerned that temporary con- nexion springing from, and consequently expiring with, the territorial dependency.

I have, moreover, shown, that, in adjusting all other relations of interest and obligation between Congress and the new States, (which class of pro- visions I admitted to be perpetual,) Congress con- fined themselves to a mere declaration or recogni- tion of rights and duties; which would have existed although the ordinance had been silent. If, there- fore, the 6th article, containing a new and author- itative mandate, be forced in the same class, it

would furnish a manifest anomalism. The inhi- bition of slavery has no connexion with the second division of the ordinance, which only regulates the creation of new States. But the first head com^ prebends the inhibition. It is either a part of the constitution or of the bill of rights found in the ordinance, nor is it material which ; for, if it be a clause of the constitution, its operation was to re- stain the territorial legislature from the toleration of slavery, and expired with the government to which it gave limits. 'But, if it is to be considered a portion of the bill of rights, it expired with the extinction of the powers to which it was annexed as a restraint, whether we are to look for those powers in the territorial government, or in the temporary authority of Congress to l^'^late over the country in its territorial grade, ana, indeed, as an article of the bill of rights, never had any force against the people themselves.

The preamble to the articles in the ordinance expresses the motives to be^ for extending the fun- damental principles of civil and religious liberty, which form the basis whereon these republics, their laws, and constitutions, are erected ; to fix and establish those principles as the basis of all laws, constitutions, and governments, which for- ever hereafter shall be formed in the territory, dbc. And this preamble, which good men miffht call a declaration of the sense of Uongress on the funda- mental rights of a people who stood there in the ^rade of colonists; which bad men would denom- inate a mere flourish ; and which, at all events, was not intended to have any effect, as it contains nothing like an enacting clause or precept ; has, nevertheless, been pressed into the service of our opponents, as a proof, that the articles of the ordi- nance, thus prefaced, became part of the constitu- tions of the States to be thereafter formed in the territory by a people who, as yet, had no existence. The Congress possessing but a limited and tem- porary authority, might exercise that authority with exalted and commendable views, or, indeed, mi^ht form an expectation that its temporary authonty could be so exercised, during the infancy of the western settlement, as to incite moral sentiments and habits in the people, calculated, in the end, to produce a relish for institutions wnj^h were con- sidered desirable by men of fashion m the politi- cal world. But Congress knew, that it could not, in the exercise of its most enlarged powers, pass laws to be irrevocable by its successors, mucli less by the people in convention. Congress, durins the colonial condition of the tenitories, claimed and exercised the power of changing or modifying the constitutions of the territorial governments, instances of which are found in the acts of Feb- ruary 26th, 1808 ; March Sd, 1811; and Ma^30th, 1812. It was, therefore, pobtic to afford emigrants an assurance that no change of constitution sliould be made, except on the basis of certain principles. This assurance is given by Congress, being one party, and was obligatory on that party. The preamble speaks of Taws and constitutions^ con- sidering them as synonymous. It immediately follows the constitution made by Congress for the territory, and evidently had no relation to State

1287

HISTORY OF C0N0RBS8.

1288

H. OF EL

Jdmisnon of MUsomi,

Febroary, 1820.

constitutions, for the contemplated States are not referred to in the preamble, nor had they^ been mentioned in any previous part of the ordmance. The preamble declares that the articles of the ordi- nance shall remain unalterable forever, unless by common consent. Yes, forever, if you please ; for there are rights and interests depending on the force and obligation of the temporary laws of Congress, which must live forever ; such are the grants of land, and promises of public advantages to the inhabitants. But wtth whom did Congress make this compact of several articles ? The ordi- nance answers the question : " With the inhab- itants of the territory, and the future States to be formed therein," for so it says. Such of the provisions, then, as, from their nature, could only oe applicable to the territory, and such as were ex- pressly applied by Congress only to the territory, would, oi necessity, expire when the territorial government should cease to exist, whilst such pro- visions as were applicable to the future States would remain. An attention to the phraseology of the articles of the ordinance, sufficiently man- ifest, in the recital of the successive provisions, which are applicable to the territory and which to the States. Thus, the clause requiring the nayment of a portion of the federal debt of the Union, expressly speaks of the people of the ter- ritory, and also of the new States. The inhibi- tion asainst interfering in the disposal of the soil, not omy speaks of the territorial government, but of the new States. In the recoffnition of the sub- jection of the peoplie to the old Confederacy of the Union, not only the territory, but the States to be formed therein, are spoken ot. But, turn to the provisions of articles of the ordinance which I have msisted are temporary, and in the nature of a biQ of rights, and mark the difference in phraseology. As when the habeas corpus, jury trial, ^., are secured, and excessive bail, cruel punishment, <fcc., prohibited, the inhabitants of the territory are only mentioned ; not a word is there said of new States. Turn, also, to the 6th article which inhibits sla- very ; it speaks of the territory, and says not a syl- lable of new States.

I have not intended to dwell upon other objects connected with this question, because, being con- vinced that Congress has no power to impose the restriction, and that, if it haa power, a reference to the faith of solemn obligations would compel us to negative the present attempt, it would seem superfluous, if not idle, to travel into the expedi- ency of the measure. But, if the Constitution of the United States and the French Treaty are both in favor of the power you now attempt to exercise, it would remain for the friends of this Grovern- ment to decide on the policy of restraining the liberty of the people and States, by a too copious use ot powers wluch have hitherto been dormant. Any attempt to reform the manners or character of the people, by extirpating slavery, or by other means, will, at any time, be found a task, tne per- formance of which will bring us into collision with long rooted prejudices, as well as local jeal- ou^es, and must draw the Government from that lofty and impartial stand which it ought to sustain

as the arbiter of differences between the re^>ective States.

Is there not as great danger to this Gfovernment itself, from the intemperate um of Constitutional powers, as from the infraction of that instrument ? The first abuse must be borne, until its continu- | ance engenders against government a spirit of dis- trust^ or indeed enmity, whilst the last is apt to be i corrected either by the judiciary, or a full mvesti- ^ation of the Constitution. The Old Congress, m adopting the ordinance for the govjernment of the Northwest Territory, were tempted by moral considerations, in relation to slavery, which can have no weight with us, for Congress havin^^ now the undoubt^ ri^ht to prohibit the importation of slaves, can^ by the due exercise of that right, make it immaterial (on the score of the increase of sla- very,) whether slaves are removed to the new, or retained in the old States. But the States under the old Confederation, had a riffht to import slaves from Africa or elsewhere ; and the Con^press, by shutting the Western market against their admis- sion, exercised its only mean of retarding the in- crease of slaves in the country.

A gentleman from Pennsylvania (Mr. Seb- g£ant) sjBiys the inhibition of slavery in the terri- torial ordinance was the result of compromise. He has, however^ failed to prove this assertion ; nor can I conceive how tne inhibition could have sprung from compromise, or how the gentleman would aid his side of the question by making it a compromise. What was compromised? If it was a concession on the part oi Virginia, or the South, what was the equivalent received by the South ? Virginia had previously prohibited the importation of slaves, but inasmucn as she could not prevent their importation by other States, she was willing to lessen the demand for them. Vir- ginia, always since 1699, has evinced her anxiety to abrogate the slave trade, and exerted herself most to prohibit the trade at a time when Penn- sylvania and other States, now so forward in es- tablishing restriction on Missouri, did not discoui> age, but rather promoted the importation of slaves. In the second year of George II., and during several years thereafter, whilst Virginia imposed as heavy a duty on the importation of slaves as the Crown, influenced as it was by the British merchants would permit, with a view to a prohi- bition of the trade, Pennsylvania imposed a duty, which, reduced to an ad valorem impost, did not exceed about four per centum, by which means this province had a transit duty on Virginia slaves, and eventually kept the trade open between Africa and the country south of Susquehanna, notwith- standin£[ the struggle of Virginia against it.

It is insisted mat the a^nission of slaves in Missouri and the West will open a wide market and encourage the smuggling of foreign slaves, in violation of the laws ot the Union. We should be sure of the truth of this anticipation before we act on its basi& and, even when assured of its truth, it would furnish but an eccentric excuse for legislation, in which we would allege our own imbecility and incompetency to prevent an illicit trade, by ordinary means, as an apology for meas-

1289

HISTORY OF CONGRESS.

1290

Fkbrvabt, 1820.

Tirade wi^ the Indkms.

H. or R.

votes of extraordinary mconyenience and embar- rassment to the Southern section of the Union. Sut, will it be pretended that this Ctovemment is incompetent to prohibit the slare trade, unless by these restrictions on States? None are authorized to assume that position until he shall hare shown tbat the other and ordinary {x>wer8 of the Govmh- ment have been Exhausted without curinj^ the cTil. Alth<H]^' Qoremment has done somethmg, it has by no means done its utmost to prc^ibic the trade. I had the honor last year to submit a proposal to puniflb those ei^aged in the slare trade with death ; and, although the proposition was adopted in this House, it was rejected in the Senate. Two years since^ when gentlemen objected against the bul for the recovery of fugitive slaves that it might affind a cover for kidnapping, I submitted, in connexion 'With that bill, a section inflicting the punishment of death on the ofifence of kidnapping. But that punishment was thought too severe; and the House, on the motion of a gentleman from Ver- mont, struck out the capital punishment, and in- serted two or three years imprisonment. The slaveholdi^ State of Vir^ia nas made kidnap- ping a capital offence, whilst gentlemen from the North, who abhor slavery^ cannot be brouffht to punish that offence otherwise than as a triviu mis- demeanor. The laws of the Union to prohibit the importation of slaves luive generally left their "whole dficacy to the vigftanee and virtue of com- mon informers, who would s^om be fbnnd to carry prosecutions to a temunation in sections of the country where the slave trade was not unpop- ular. Under some of our laws the trade itselfwas carried on ; one of the Southern States having carried the sale and detention in slavery of a great number of imported Alricans, under tne express provisions of an act of Congress. Indeed, we were informed last year by the chairman of Uie ccm&mittee on the slaye traoe, that the importation of slaves had been found profitable, even by suf- ferm^ the laws of Congress to be executed, and submitting to the judgment of the court in prose- cutions under thorn. We are not entitled to talk of the inefficacy of our ordinary powers, or from hence to inler an authority to ovnrselTes incompat- ible with the interests of many of the States, until we shaM have fully exercisea those powers, and cwqped the defects or our oast legidation.

When Mr. Pihdall nad concluded, the Com- mittterose, and dke House adjourned.

Monday, February 14.

Mr. SsBfiBAHT presented a memorial of the Chamber of Commerce of the city of Philadel- phia, suggesting many alterations m the existing tarin of duties on imports, and recommending an increase of the duties on French brandies and silks, and that the duties on the wines of Spain and Portugal may be reduced; which memorial was refared to the Committee of Ways and Means.

Mr^ Ramkut presented a memorial of James Wilkinson, late a major general in the Army of liie United. States, detailing Ms services and suffer- iaga pk the cautfe of his country, from the com*

mencement of the war of the Revolution to the close of the late war with Great Britain, and pray- ing to be indenmified against the effects of a judg- ment for two thousand five hundred dollars, witn costs of suit, recovered against him by General John Adair, in consequence of his having arrested the said Adair in the city of New Orleans, in the year 1806, on a charge of his being concerned in the alleged conspiracy of Aaron Burr ; which was referred to a select committee. And Mr. Rankiit, Mr. Van Rensselaer, Mr. Ringgold, Mr. Stro- TBER, and Mr. Archer of Maryland, were appoint- ed the said committee.

Mr. Smith, of Maryland, from the Committee of Ways and Means, reported a bill making appro- priations for the military service of the United States, for the year 1820 ; which was read twice, and committed to the Committee of the Whole to which is committed the bUl making appropriations for the support of the Navy during the year 1820.

Mr. Smith, from the same committee, to which was referred the bill from the Senate, entided "An act for the relief of Anthony S. Deiide, Edward B. Dudley^ and John M. Van Cleef," re- ported the same without amendment, and the bill was committed to a Committee of the Whole to- morrow.

Mr. Smith, from the same committee, also re- ported the bill from the Senate, entitled '^An act for the relief of the President, Directors, and Company, of the Merchants' Bank of Newport, in Rhode Island,'' without amendment; and the bill was committed to the Committee of the Whole last appointed.

TRADE WITH THE INDIANS.

Mr. Sovtharb, from the Committee on Indian Affairs, reported a bill to conthiue in force, for a further time, (until the 3d of March, 1821,) the act establishing trading-houses with the Indian tribes; which, being read twice—

Mr. S. oteerved; that^ as* the bill contained no appropriation, and as the act which it proposed to continue in force would expire on the first of neit month, he moved that the bill be ordered to be engrossed and read a third time^

Mr. Walker^ of North Carolina, moved that the bill be committed to a Committee of the Whole House.

Mr. SouTBARB could see no reason for its taking' this course. As he hod observed, the act woula expire on the first dav of March. If this bill went to a Committee of the Whole^ it would be a long time before it would be reached on the orders of the day. This deby would allow the act to ex* pire, whi<ih would be very injurious to the publie mterest, as it would devanee the irhole of the ex- isting system of Indian trade, 4bo. ; and unless ihe gentleman from North Carolina had some new system prepared, or some changes to propose, it would be useless to retard the present bill, and pro* duce the injury and confusion which would ensue if the existing act were to expire without tinMly lenslation, w»

Mr. Walkbr'b rootioii was rmcted by a kige majority. He than moved that tne bill be laid im

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the table ; which motion was lost — ayes 10 — and the bill was^ ordered to be engrossed and read a third time to-morrow.

THE MISSOURI BILL.

The House then again went into Committee of the Whole on this bill.

Mr. CusHMAN addressed the Chair as follows:

Mr. Chairman: I rise, not with the expectation of giving any new light, but, as a representative of the people, to acquaint them with the reasons which will influence the vote which I shall give. The gentlemen who have preceded me have en- tered deeply into the subject; I shall but touch on the surface. They to facts added embellishment; I come before you with a plain, unvarnished tale. They gave you a sumptuous feast of substantial Yiands; mine is the humbler office to regale you with the whij^s and tarts, and the lighter materials of the entertamment. Those gentlemen have con- densed their arguments; I must be indulged in a decent range. They address you from the fuUness of their intellectual funds; I profess to have pre- meditated. They, by mingling the pleasant with the useful, carried on every vote; I, superficial in matter, and barren of facts, shall thmk myself happy to obtain a solitary suffrage.

1 rose, sir, with diffidence, and I almost repent ' the rashness of llie attempt to mix in the debate. With a sensibility unprotected. I have entered the combat with the Goiiahs of tne Capitol, clad as they are in heavy armor, and defended by coats of mad. To their ponderous lances and massy spears, I have no weapons to oppose but my stone and sling, my arrow and bow. I seek honorable war- fare; and this, from the generous and gallant spirit of my antagonists, I am sure to receive. If, at any time, I should draw my bow at a venture, an arrow hurled by my feeble arm can never wound any Eling in Israel.

With the emlNurrassments which are incident to the occasion. I mingle regret. I regret that one of my honorable colleagues should have exerted so much of his ingenuity on a cause viewed by his constituents and mine with emotions not the most complacent. With this regret mingles astonish- ment. I am astonished that he should labor to brand an attempt, as wise as it is patriotic^ to pre- vent the further extension of slavery with mfamv; that, to render this attempt peculiarly odious, he should liken it to certain proceedings in the East, which, to say the lea.st, were as injudicious as they were abortive ; but, in his opinion, fraught witn the most deleterious mischiefs. My worthy colleague, aswdOl as myself, was born near the place where, as he facetiously stated, the pilgrims acreed to be "governed by the laws of Gr^ till t&y could make better."* I believe, sir, the laws of Uod are still in force in the place to which he alluded, and that they still have influence on the hearts and lives of the descendants of those pil- grims. His ancestors, as well as mine, were at- tached, sincerely attached, to the vital principles

* Ml. Holmes applied, by nbuke, this simple in- conswtonry to tho Fathers of Plymoatb.

of liberty and the equal rights of man. They eave justice and humanity, as well as truth, a nigh rank among the social virtues.

Should we depart from their principles of lib- erty and of rectitude, their spirits would be uneasy in the abodes of the blessed ; they would regard us with the emotions of indignation, and be troubled at the degeneracy of their sons.

It is, sir, painful to me to remember' that my native State has erred. I can derive no consola* tion from exposing to public view her aberrations. It is not decorous in a son to behold the nakedness of a father. It is filial to turn his back on parental failings, or approach with reverence, and cover them over with some well- wrought veil. I cannot view with complacency any attempts, from what- ever quarter, to degrade Massachusetts in the esti- mation of the public. Indulge me, sir, in an ex- pression of respect. What I shall say will be but a short episode connected with the principal sub- ject. Massachusetts, sir, is the place of my birth. There are the sepulchres of my fathers, for six gen- erations. There is my alauL mater. '* Centum compl^xa nepotes, Omnes ccIicoUs, omnes supers alta tenentes."

There did I spend the halcyon days of youth in acquiring, as I trusty some useful knowledge. There, in company with kindred spirits. I have enjoyed the " feast (i( reason and the flow ot soul." And there have I formed some of the purest friendshi]|)s which the heart owns and the understanding ratifies.

Massachusetts has much to command the respect and affection of all her descendants. The Goddess of Liberty, if not born there — ^there she was rocked in the cradle. There she received her nourishment. There she attained her fair proportions, her har- mony of features, and her elegance of stature ; her beauty of countenance, its expression and bloom. There she unfolded her charms. There she held her seat with the emblems of her state, the ensigns of her power. There were her arms-^there her chariot, her sceptre, and her crown. There she still rules, in the hearts of an enlightened people, who acknowledge, with gratitude, me wisdom, the justice, and the beneficence of her reign. Time was, when Massachusetts stood so high in the es- timation of the States, that no one dare mention her name but with honor. In statesmen, patriots, and sages, she mi^t vie with any State in the Union. If Virginia had her Washington in the field, Massachusetts had her AnAMs in negotiation. Nor is our country more indebted for her independ- ence to the martial achievements of the one, though glorious, than to the diplomatic skill and firmness of the other, eaually glorious. Massachusetts, sir, has not lost all her origi nal brightness. The recent spots on her character ought to disappear in the splendor of her former renown.

In advocating the claims of Missouri, arguments have been addressed to our sympathy. At the word sympathy I turn my attention to the extreme east Jfinc iJUUB 2acry9iu^--there I behold matter for tears. Maine ! ill-fated Maine ! The story of her woes would make the ansels weep 1 Yet there are those who, owing to her favor their honors and station, seem to be unmoved at her misfortunes.

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l^rapped up in oniTersal patriotism, they find no room m their breasts for partial attachment ; and, insensible to real sufierings, reserve all their tears for scenes of fictitious distress. I see nothing^ more in the wild foxes * of Missouri, than the grazing animals of Maine, to move our sympathy, except their sagacity and art.

It is not my design, sir, as I proceed, to avail myself of the auxiliary of religion or conscience in my cause. Under the specious garb of religion, much that is evil has been done to the world. Ana conscience is a convenient hobby-horse, on which, ^when the politician is mounted, he usually ascends so high into the serial regions, that he loses sight of all terrestrial objects. Not by the floating no- tions of the head, nor by the fervid sensations of the heart, but by the sound maxims of wisdom, must we legislate. Not the abstractions of meta- physics or tne visions of philanthropy, but the Con- stitution, and the treaties made by its legitimate authority, and become the supreme law of the land, and the safety of the people, must be the guides of the statesman.

The Constitutional right of Congress to impose the restriction in question, has been so perspicuously illustrated and evinced by honorable gentlemen from Pennsylvania, (Mr. Hemphill and Mr. Sfr- qbantJ as well as an honorable gentleman from New York, (Mr. Taylor,) whose talents and pa- triotism would do honor to any cause or nation, that any attempt to afibrd strength to their argu- ments, may seem a useless effort \ nevertheless, as the whole force of the enemy is made to bear on this citadel of our power, I shall direct some of my force to this point. Here we must take our defence. If driven from this stronghold, we must surrender at discretion. I believe, however, that this fortress, if ably defended, will be impregnable ; that it can- not be carried either by force or storm, by artful manoeuvring or direct attack.

I preface the observations which I am about to make, by saying, that, as the organs by which we perceive, are not equally perfect io all men, and that, as no language in which ideas are conveyed to the mind is so precise and definite as in all cases to preclude all uncertainty or doubt as to the meaning of written instruments, statesmen, equally honest, equally intent on the public weal, in reasoning on these in.struments^ may draw different inferences and come to difierent results. Not only do our ablest lawyers differ in opinion in their construc- tion of the same statute, but our learned judges, with minds the motJt luminous, comprehensive, and discriminating, and liable to no undue bias, are not always united in one and the same opinion, on eases growing out of t^e laws, treaties, or Con- stitution. For men to differ in opinion is so com- mon, on interesting questions, that it ought not to cause any surprise. We ought rather to weigh each other's argument in an impartial scale^ judge with candor, and deem those not as enemies, but friends, to the country, who put constructions on the Constitution difierent frem our own.

* A gentleman in his delivered ■peoeb, used this term.

With respect to the explanations to be given to the provisions of the Constitution, there are some helps and guides. These are the definite objects which the people had in ordaining and establish- ing the Constitution, and the general powers which it grants. What are these ? The object is thus defined : " We, the people of the United States, in ' order to form a more perfect union, establish jus- ^ tice, insure domestic tranquillity, provide for the < common defence, promote the general welfare, ' and secure the blessings of liberty to ourselves * and our posterity, do ordain and establish this ' Constitution."

Among the general grants of powers are these : Congress shall nave power to lay and collect taxes, duties, imposts, and excises : Conf^ess shall have power to pay the debts of the nation, and provide for the common defence and s^eneral welfare. Congress shall have power, applies to each and every article and clause of the eighth section as well as to the first. That this is grammatically correct I will not refer gentlemen to the learned President of Transylvania University, (Rev. Hor- ace HoUey, formerly of Boston,) but to the pupils under his tuition. This distinguished character, to whom I have alluded, lately shone conspicu- ously in the East, and is now illuminating a dif- ferent region, where I trust he will impart some useful notions,* Useful notions of liberty, useful notions of the Constitution, useful notions of gov- ernment, just notions of science, literature, and the arts ; correct notions of language and grammar ; elevated notions of religion and morals ; and re- fined notions of manners^ decorum, and taste. For, though Kentucky may justly boast of her orators, statesmen, and political economists ; yet some or the notions which I mentioned might add lustre to her ore-eminent feme.

That, in a legislative sense, Congress shall have power, applies to all the articles and clauses of the section is to be inferred from the nature of the case as well as from the correspondence to the language used in the preamble, where the expression is more full and definite, and the object more clearly stated. The people here declare that, to " provide for the common defence and promote the general welfare, they ordain and establish this Constitution."

But, if a different construction should prevail, what will gentlemen obtain ? If it should oe con- ceded that Congress only have the power to lay and collect taxes, duties, imposts, and excises, and to pay the debts of the nation for the common de- fence and general welfare, it follows, of course, that the common defence is to be provided for, and the general welfare to be promoted ; and that Con- gress have, for these purposes, the control of the whole revenue of the nation — I contend, sir, for no more.

I am as willing as as any gentleman can be to acknowledge that the real sovereign of our coun- try is the people; and that Congress are but the ministers of this sovereign. But this absolute sov- ereignty resides, not in minute portions or States,

* A gentleman from Kentucky had frequently re- peated, and giren a peculiar emphasis to the term.

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but in the whole people, whose will, expressed by their Constitutional organs, is the law, and must be obeyed. But what rules shall the ministers of the sovereign people observe in the administration of his Government? Certainly his written in- structions, in the exercise of a sound discretion in ■applying general expressions of his will to particu- lar cases, and in adapting to exigencies, as they arise, such measures as best comport with the known character of his Government. When we dissolved our political connexion with Britain, we asserted the power of doing what independent na- tions of right might do. What may independent nations of right do ? May they not of right pro- vide for their common defence and general wel- fare 7 If we have not this right it is in vain to boast of our independence. We are still colonies, or at best like some of the minor States in Kurope, which, with a nominal independence, are sup- ported and controlled by neignboring kingdoms. Is not such a condition degrading 1 Does it com- port with the high spirit which ought to be cher- ished by our countrv? That there should be a sovereign people, ana not have the right to provide for their safety and well being, is to me the great- est of all solecisms. And to contend for the right, and deny the power of exerting it. in the only mode by which the neople can act, tneir Constitu- tional organs, is renaering the right nu^tory.

Gentlemen may state extreme cases m order to shock us with the consequences of our doctrine. By this license of reasoning, the most useful truths might be refuted ; the most important virtues ren- der doubtful. For cases may be supposed in which filial obedience, coniu^ affection, aud grat- itude to benefactors, lose their obligation. If gen- tlemen are of opinion that Congress have not the power to provide for the common defence and ffeneral welfare, because this power may be abused, I ]aiow not to what lengths such an opinion would lead them. To reason consistently, they naust in- hibit to mankind the use of reason and reli^on— for these may be abused. They must proscribe all that is valuable ; they must inhibit to themselves the use of their own extraordinary ingenuity and elocution ; for these, too, are capable of being per- verted, or exerted in a wrong cause.

Gi^itlemen also may attempt to excite an alarm by giving an unnatural extent and enormity to the TOwers possessed by the national Government. They may liken them to the powers conferred on the Consul when the Roman Senate decreed that he should take care that the commonwealth should receive no detriment. For my part I should be alarmed if the Constitution did not confer this power. I should deem it as defective as the old Confederation. I should believe it to be justly described by a learned theologian, (the late Dr. Dwight,) who, as he expressed it, never viewed it but with the emotions which he telt for a child in his first essays to go alone — ^tottering instead of waikins, ana frequently falling on tne floor for want of strength to manage his steps. I contend that the power which is claimed for the Constitu- tion is inherent in every body politic which has within it the principles or its own preservation. It

is not an attribute, it is essential to sovereigotj. This power is conierred on Congress in stron^^ terms than by the decree of the Roman Senate which conferred power on the Consul. In the lit- eral sense, this decree only gave the power to ward off injuries. But the Constitution is more expli- cit ; in unequivocal language it confers a poorer on Congress, not only to secure the commonwealth from harm, but also to procure for it good — to pro- vide for the common defence and promote the gen- eral welfare.

It was from the defect of the ordinary po^rers of the Roman Republic that it was so liable to re- ceive detriment, and that, to guard against this detriment, extraordinary powers, on pressing emer- gencies, were conferred---such as were implied in the decree, or the creating of a dictator. These defects, and the occasional supply of these de- fects by conferring extraordinary powo^ proved the bane of the commonwealth. The people of the United State& deriving wisdom and experi- ence from the misfortunes of others, have guarded against the rocks on which they sf^it. In their civil constitution they have conferred ample pow- ers, competent not only to ordinary, but to extra- ordinary exigencies. Hence, we may hope foi< the durability and perpetuity of our Republic.

I do not apprehend contradiction to my posi- tions from candid, enlightened, practical states- men, versed in the business of legislation, who wiU have the goodness to understand them. I will succinctly state them. They are these :

All the powers of sovereignty are inherent in the people of the United States. These powers can only be exercised but by the organs of the people, tne constituted authorities ; and that, in the exercise of them, and their application to particu- lar cases and emergencies, these authorities must be guided by their own judgment and discretion, enlightened and assisted by the spirit and letter of the Constitution, the wisdom of ages and the ju- risprudence of nations.

Unless Congress have the right of judging and applying the provisions of the Constitution, Gov- .emment must be at an end. The Constitution is not capable of self-motion. It must remain a ca^nU mortuum — an organized body without a living soul. Some power, not inherent in itself, must give it the breath of life before it can move. Without the power of construction and applying, I have to learn what there is for Congress to do. They must be, not agents, but passive instruments. Would you, sir, have Congress to consult the people in everf step they take, and wait for their sense of the con- stitutionality of every thing they attempt? This were impracticable. Would you have theoi sub- mit to the dictation of the States? I know of no Eolitical hierarchy in the proudest of them that as the high prerogative to dictate to Congress what constructions are to be put on the pcovisions of the Constitution, or to what cases these shall be applied. I am, sir. a protestant in politics as wdl as m religion. I claim the right of private judg- ment for myself and associates, I deny the author- ity of any Pontifex Masrimus to define our Consti-

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tiitioaal creed — to declare to us the CaihcUe fauUh of our Republic.

The amendment to the Constitution which states, *^ The powers not delegated to the United States, nor prohibited by it to the States, are reserred to the States respectively, or to the people," forms no barrier to the exercise of the right of Congress lor which I am contending. The question arises : What powers are granted and what prohibited ?

** Who sball decide when doctors disagree, And wise ctsuisto dispute, like you and me ?'*

I say, as before, Congress, in the first instance, must be the judse of their own power ; in the second) the people; and, in the uiat resort, the Supreme Judiciary of the United States. I place the law, constitutionally enacted and sanctioned, abore the people. The soveredffn himself must be bound by his own law. If Congress err, they err at their peril. And, with all th^ checks and responsibility upon them, is there any danger to be apprehended from their exercising that sound, oiligntened discretion in administering the Gov- ernment, without which the Constitution must remain a useless^ inanimate machine? What rules of construction shall Conmas adopt in de- terminiiig what powers are pronibited, and what granted 1 That, sir, which is sanctioned by the wisdom of ages, and prevails in our courts or law. In doubtful cases the construction ought to be in favor of the grantee. At the formation of the Constitution the States acted as sovereign. They made grants of power to the nation, in disputed cases the right construction is that which mvors the nation. This rule of construction ought to prevail, not only because it is sanctioned by com- mon usage, but for other substantial reasons. While the great States claim powers for then^ selves, bordering on absolute sovereignty, they are inclined to deny to the nation the power of self- preservation. It is also characteristic of all Fed- eral Governments, however constructed, to have inherent weaknesses or defects. You cannot, with ffood effect, legislate for States, nor coerce obe- dience to your authority, withoni civD war. The safety of our Republic, the peace and domestic tranquillity of the people, demand constructions which give to the General Government a national ibrm and energy. Such constructions are best adapted to give permanency and strength to the system, and secure the blessmgs of liberty to our- selves and our posterity.. There can be no danger from such constructions. I am bold to affirm that the powers possessed by the nation have in no in- stance been materially abused. They have been uniformly exerted for the common aefenoe and seneral wel&re. Hence, the Gieneral Government has become a favorite with the peofde. They con* aider it as a nursing fadier, ana cherish towards it a fiUal reverence and alfection. With as much oonfideaee can I affirm, that the disaffection and dtsturbances which, at times, have existed in our oountry. have had their origin in the jealousies and amoition of the aspiring States, and were ex- cited and fomented by certain leaders yrho iniu- enced the counsds and dictated the p<^y of those

States; and that but for the artifices of such leaders, there would have been neither insurgency, sedition, clamor, nor scarcely a murmur of disap- probation.

The safety of our Republic, the integrity of the Union, the quietude and harmony of the people, imperiously demand that the proud asinring States should be taught to know their distance, to lower their lofty crests, to revolve in their humble orbs around the National Government, the sun of the system, and lose their dazzling radiance in the superior splendor of his beams.

1 am not, sir, for annihilating the States. They ought to possess full powens to enact municipal laws and to administer municipal justice — to regu- late their internal police — ^to conduct their local concerns. But I deny the right of the proudest among them to interfere with the high preroga- tives of the National Government.

On the doctrines of checks and balances, the qualified local sovereignties may be of use in the general system ; they may check the National €k)V^ emment, if ascending too high on the wheel of preroffative. But it is to be feared that more fre- quently will they retard its useful movements. As connected with their own power and importance, as well as from a common sympathy, they may ffuard the people's rights, and defend their privi- leges. But more ffenerally will they, like the great barons of the feudal times of Europe, under some colorable pretext of restraining the preroffa- tive of the lord paramount, aim to abridge bis legitimate authority^ and take from him the power to promote the felicity of the nation. It neither savors of political wisdom nor enlightened patriot- ism to be over-zealous of power.

I believe, sir, it will appear, from the civil his- tory of the world, that as many nations have lost their independence, and the peof^e their liberty, from the deficiency of power in the governments to provide for the common defence and general wefftre, as from the abuse of powers committed to their trust. To what cause ^all we trace the misfortunes of Poland, but to the jealousy of the n<^es, in denying to the supreme executive of the nation the nower competent to povide for the common defence and general welfare? To what is owing the weakness and unwieldiness of (Germany, but to the defect of power in the head, arising trom the federal inffredients of which the Empire is composed ? And in the feudal times to which I allude, how did the people lose their lib- erties? Harassed by the perpetual strifes, ani- mosities, confbsions, and petty wars, of the feudal lords, they, for the most part, threw their weight in the scale of the Crown, and parting with their liberty for safety and protection, took shelter under the shadow of the throne. Like causes may pro- duce like effects ; and if ever the people of the United States should depart from our confederated Republic, it will be owing to the turmoils, se- ditions, insurgencies, and civil commotions, ex- cited and fomented by the aspiring States. The people^ wearied out by such turbulent scenes, vrill part with their freedom for security, and seek peace and quittude under a con8<^idated government,

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wielded by a single arm. Unless the exercise of a I sound discretion be allowed Congress in applying general provisions of the Constitution to particular cases, I know not, Mr. Chairman, what you have to say in defence of some of the most important measures of the Government. I know not what tne advocates of these measures can offer in de- fence of your military academies or national bank "i I know not what justification you could offer to the people of the East for what they suffered by the restrictive system. "Congress shall have power, to regulate commerce." But it is only in the exercise of your judgment that you apply the right to regulate commerce to the cases mentioned. Some of our ablest lawyers, whose patriotism and attachment to the Government coiud not be sus- pected, uniformly denied the justness of this appli- cation.

In fine, sir, I know not what will become of the treaty by which Lousiana was ceded to the United States. " New States may be admitted into the Union." The power here conferred, if you only regard the natural import of the terms, the sense in which they could be understood by the framers of the Constitution, would hardly justify you in purchasing kingdom after kingdom, continent after continent, and placing no bounds to our country but those which limit the globe itself.

Do you inquire, sir, whether, by these observa- tions, I intend a censure ? I ftankly reply I do not. I approve, I applaud a liberal, bold, manly policy 5 the pjolicy of Washington, whicn raised the genius of our country, and added dignity to the American character. I applaud the statesman or the hero who poises himself on his own mag- nanimity, and, setting at defiance the vulgar cen- sures of the great, pertbrms noble achievements for the glory and felicity of his country. Such states- men and heroes are tne boast and glory of a nation — its ornament and defence.

From the tenor of the preceding observations, it is obvious that Congress are invested by the Con- stitution with powers to impose such restrictions on citizens as the common defence and general welfare require, provided there be no express pro- visions to the contrary.

But is there no barrier to these restrictions aris- ing from treaty ? This topic I shall waive, as a further discussion of it would be superfluous. It has been ably treated, and in a masterly manner, by a pre-eminent statesman — a member of the other House — a native of Maine — a statesman whose intellectual endowments are unrivalled but by his moral virtues — whose luminous mind irra- diates the nation and reflects a lustre on his native State. [Hon. Rufus King.]

But, conceding the power and right on Consti- tutional and treaty ground to impose restrictions, have you no scruples arising from a sense of jus- tice, the sacredness of property 1 Has not every citizen a claim on the Government to be secured in his possessions? Property in our country is sacred. It is guarantied by tne letter and spirit of our laws.

But, Mr. Chairman, how is a black slave to be considered ? As property, or a human being ? I

believe, sir, neither wholly one nor the other, but partly both. When gain is concerned, the black slave is considered as property ; but, when pcwer is in question, he i« dignified with three-fifths the attributes of a man. As far as property is to be affected, you ought to proceed with caution. For if, by mere dint of power, you can take awa)r a part, the principle on which you act would justify you in taxing tne whole ; and the citizen might be deprived of one species of property after another, till he had nothing left which he could call his own. Happily, the restriction contended for sanc- tions no such strides of power — no such injustice. It gives all possible security to property in posses- sion, and provides for the future, that a human being, whatever be his complexion, in the Terri- tory or State of Missouri, shall feel the force of these self-evident truths — that God created cdl mcmr- kind equals and endotoed them taith certain' inalienaUe rights — amongst which are " life, liberty, and the pursuit of happiness." Can ingenuity, aided by elocution, fix a stigma on such a just and wise and liberal policy in the opinion of the enlightened world ? It is somewhat singular that the gentle- men who are so fastidiously delicate respecting the powers of Congress, should habitually usurp an unwarrantable power over a large portion of th^ fellow-men. What is your right to make an Afri- can your property, but the right of the strongest ? By the same right the Barbary Powers make slaves of their prisoners oi war. God has no at- tribute to sanction such injustice, such violation of the laws which he originally engraved on the hu- man mind.

Property itself, sir, if not a creature of the law, by law is modified, restrained, or regulated in its use. In a state of society, respecting many kinds of property, no man has a right to do what he will with his own. It cannot be used by him to the destruction of others. No man is permitted, by law, to set fire to his own house in the midst of a city, however convenient it might be to him to have it consumed. In a number of instances the laws interpose and regulate the property which men have in animals, or restrain or limit their use. If any species of them were becoming noxious to any section of country, or if multiplying them should become hurtful and injurious to the com- munity, laws might be enacted to prevent the mis- chievous effects.

This reasoning is applicable to every species of property, of every complexion, whether blue, or yellow, or black. If, therefore, you consider your slaves property — and if spreading this species of property over the Missouri would bie injurious to the best interest of the nation, as nothing has been stipulated to the contrary, on the principles that reffulate other kinds of property. Congress may re- gulate or prohibit to you the use of this.

The property of the North was under the ban of National Government for years. The embargo and restrictive system not only interdicted to us the use of our prop^ty, but cramped our enteri»:ise. They in effect annihilated our property in navigation, and denied to the hardy and industrious their ac- customed means of support. Numbers who lived

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in affioence, and promoted industrf, eircolating irealth and refinement through the commmiity, i^ere by those measures reduced to comparative poverty and distress. Hence, sir, the k)ud call on the justice of the nation for a bankrupt law, to re- store those who suffered in that common cause to a standing in society ; to replace them in situations in which they may be encouraged to exert their in- dustry and enterprise for the benefit of themselves, their faniilies, and their fdlow-citizens.

We did not comi>lain then, nor do we now com- plain of our patriotic privations. We gloried in them, because we believed them connected with the common defence and general welfare. We ask our Western brethren to behold our example, to imitate our patient loyalty, to rival our suffering yirtue. Their trials, compared with ours^, will in experiment be found light. The little finger of the commercial was heavier than the whole hand of the restriction on slaves. The same power w^hich, by regulating commerce, destroyed navi- gation, might as legitimately be exerted to pre- vent a traffic, domestic as well as foreign, as (lis- graceful to our Republic as it is inconsistent with Uie first principles of liberty and the inherent rights of mankind.

To the evils of slavery, where slavery exists by compact, there is, perhaps, no adequate remedy. But not to prevent, where there is a power of pre- vention, is a strange repugnance of practice to theory. And to diminish the whole quantity of an evil by making it more extensive, by increasing it in a tenfold ratio, appears to me worse than that quackery in the boasted art of healing, which, in- stead of extracting, should scatter the morbid mat- ter of the diseased part throughoutthe whole frame, till all that was sound should become infected. Respecting the introduction of slavery in the Western territory, the learned aphorisms of the learned gentleman, (Mr. Randolph,) quoted in a learned Tankage, would apply wim great perti- nence and iorce ; '^ resist beginnings ; an ounce of prevention is better than a pound of remedy."

Where there is a demand for any commodity, there the market will be supi)lied. Open a profit- able sale for slaves in the Missouri, and Africans will be brought there to market by all means, and from all quarters. The shortsighted avarice of individuals will eUide all your laws, the activity of your peace officers, the vieilance of your fleets or armies. In opposition to all that can be done^ there will be fresh importations, and undersellers m the market, which will defeat the hopes which you in- dulge of gain. There is no way so effectual to Erevent this inhuman traffic, so contrary to all iws founded on the broad basis of universal equality^ both human and divine, as to remove all temptation, to render the trade as unprofitaUe as it is odious. This will be laying the axe at the root of the tree^ and giving it a fatal stroke by which it will wither, droop, and die. To remove the temptation, and to render this traffic unprofit- able, is in accordance with the policy so early adopted, and so perseverin^ly pursued, by that society to whom the cause of humanity is indebted for many of its triumphs, and in whose lives the 1

piinciples of a pure and benign religion are exem- plified ; 1 mean the Friends. As they have the merit of being among the first to concert measures to abolish slavery, they can feel the greater joy in seeing their labors crowned with so much success. For their well directed, unrelenting efforts to un- loose the heavy burden, and to break every yoke, they deserve well of mankind, and will, doubtless, receive the benedictions reserved for those who " break the rod of the oppressor and let the prisoner go free."

In the course of this debate, Mr. Chairman, fre- quent references have been made to the state papers, or history of Vermont. But, stripped of the col- oring of tne commentators, who have taken the usual license of cullin|[ their texts and putting on the ffloss, I see nothing of the marvellous in them. What were the claims which the citizens of Ver- mont set up ? Did they ever claim the right to control the Union, or to intermeddle with the high prero^tives of the nation ? Did they ever claim the right to dictate to Congress what measures should be adopted, what policy should be pursued, what construction should be put on the Constitu- tion ; in what manner its provisions should be ap- plied ? Did they ever claim the right to take from the National Government the power to provide for the common defence and general welfare ? I be- lieve, sir, that the brave, modest, patriotic citizens of Vermont, for so they ought to be characterized, never made such arrogant pretensions.

All I can find in their history is, the right of self- government asserted, the ric^ht of regulating their own internal concerns, by their own authority : of managing the affairs of their own State in their own way. Have these rights ever been denied to any of the States ? Have any attempts been made to infringe them ? Their bold and spirited lan- guage was warranted by the occasion. They had for yearsexistedas an independent State, and aided the United States in the Revolutionary war. They sued for an admission into the Union. Their suit, as they thought, was evaded by vexatious delays. They felt themselves trifled with by those who wielded the powers of the Confederacy.. They perceived, or thought they perceived, an equivoca- ting spirit, not consistent with equity or honor. They expressed themselves in the warmest language of the passions. They struge^led for years, and, after all, as the price of admission 'into the Union, had to submit to such conditions as Congress saw fit to impose, one of which was the relinquishment of a large tract of land. Such is the infinite dis- similitude in the two cases, between that of Mis- souri and that of Vermont^ that no inference can be drawn from the one, which can fairly be applied to the other.

Much, Mr. Chairman, has been said about the State rights of Missouri. But, where is the State of Missouri 1 In what section of the country does it lie ? For iny part, I know of no such State in the Union. There is none of that name among the twenty-two that compose the Confederacy of States. Inhabiting a valuable Territory, called Missouri, ceded to the United States in full sove- reignty, there are citizens, I presume, respectable.

1S03

HISTORY OF 0ONORB8S.

1304

H. or R.

Adminion of JMSmouH.

FSBRUART, 1830.

worthy citizens, amenable to our Gtorernment and laws. But I know not by what authority any por- tion of citizens, however respectable, can claim the attributes of sovereignty and the State rights, till they are a sorereiffn State. This would l^ claim- }fig privileges and immunities, and for non-exist- ences.

When Missouri shall become a State, and be admitted into the Union, she may then talk of her State rights and sovereignty. But, at present, such language is premature. Where State rights exist, there is no attempt of the Grenerftl Govern- ment to interfere with them. The restriction is not to be imposed on a State, but on citizens of the United States. We legislate for individuals, and not for the State of Missouri — ^no such State is known. The reasonings in favor of the State rights of a non-existing State must be on assumed premises, and the conclusion drawn unwarrantable. They presui>pose what does not exist, and they en- dow non-existence with the rights and attributes of a sovereign. The foundation on which you build, having no solidity, your soperstmcture, however towermg, must fail to the ground.

As connected with the question before you, Mr. Chairman, gentlemen have enlarged on the right of sdf-govemment As applied to a body politic, what do they intend by self-«oveniment ? Do they mean its ri^ht to blindly fofiow the bent of some ruling passion — ^the riffnt to trample on the rights of others — ^the right of a part to give laws to the whole — the right to disturb the peace of the com- munity in pursuit of a favorite object ? Self-gov- ernment, applied to bodies of men, as well as to an individum, includes the control of the passions, their subordination to reason, the ffutdance of dis- cretion, the submitting to rules and precedents, de- riving their authoritv from inherent fitness, public experience, the estaolisbed maxims of the times, and the condensed wisdom of ages. Gentlemen, I am sensible, are shocked at the doctrine of pre- cedents. But what will they substitute in their place? Their own opinions, formed on thespur of the occasion, influencea by interest and caprice ? This, sir, would be acting from desultory emotions, and not according to method or rule. It would be set- ting up an iffmifcUmMB in place of the polar star.

Many fine tales are told us about a spirit of com- promise, <£ amity, of accommodation. And, to mote us to make sacrifices on the altar of public

harmony, the example of the sages who formed the Constitution is set before us in all its allurements. Bat, sir, what have we to compromise? Or wliat is your qnid proqw>7 For emoluments and pow- er on your part, will you give us commercial re- strictions, inhibitions of a profitable trade? Will you give us the privilege of paying duties on im- ports without allowing us credit, and of exporting without debentutes ? Will you give us the pleas- ure of spilling our blood and expending our treas- ure in your service, to enhance your importance, and to swell your triumphs ? With such gifts, sir. we are already well satisfied^we have had oar fbll share. Do usjuttice, and reserve your bounties for those who need them. On some fiitare emergen- cies they may be more opportune.

Between the membess of Congress and the del- egates who formed the Constitution, there is an infinite difference. Out of unequal, un|>liant, or heterogeneous materials, made ready to their hands, they had to form a harmonious system. Of course, it became necessary to compare, to adjust, to ac- commodate, and so adapt, and to dispose of the parts, as to produce a beautiful and magnificent whole. They were delegated for this special pur- pose, and had the right to compromise. We have no such right. We are not negotiators, but legis- lators. It is our ofiice, not to make bargains, but to enact laws. We have no legitimate power to buy or sell, or make gain of the people whom we represent, or to transrer anj portion of their privi- leges from one section of^our country to acocMn- modate that of another. I believe, sir, that the States, with all their boasted plmipotencey never possessed^ or delegated their rignt to commit poli- tical sacrilege or nmony.

We are not the arcfaatects. but the superintend- ents of the civil edifice wnich the Convention erected. Our general duties are im])lied in our ofl&ce. It is our province to keep this beautiful stroeture of liberty in repair, to preserve its sym- metry, and to guard it from all injuries. It would be a neach of trust to suffer any of its apartments to be occupied by those who would sap its foun- dations, impair its strength, or deface its ornaments.

I have yet to learn, sir, why all this sensibility, this animation, this alarm ? why, on the innocent proposition before you, cry havoc, and let dip the dog» of war ? Are State rights, wnere no State is, in danger? Is a pure and disinterested regard to the people of Missouri the predominant passion ? Are you sure, sir, that vour patriotic ardor, your manly zeal, to prevent the eneroachments of pow- er, have no spice of ambition, no tincture of ava- rice? Searon, sir, your own breast before you sarcastically comment on our phiian^ropy and religion. It has been freqoently asserted, by gen- tlemen who are entitled to the highest considera- tion, that of all curses with which our countiy is afflicted that of black slavery is the greatest Why, then, are our attempts to prevent this curse from being entailed on a fair portion of our territory viewed with such abhorrence? Is there more than meets the eye? Do you perceive some hid- den mischief lurcing under the attempt? Do you perceive wisdom and virtue laboring to strengthen the Union, establish justice, and insure domestic tranqaillity? Do you pereeive concealed under it the sword and ^e purse to be wielded by the sound discretion of Congress to provide for the common defence and genml welrare? Or do you seem to pereeive the movements of a gallant army, condaeted by able commanders, whose hrilliont achievements have secured peace and prosperity to the comitry and covered themselves with flory ! No wonder you startle, chaaige color, and turn pale. At the glory and felicity of our country, the meet stout^heartea of oar politietans seem to be appalled.

They see in them a monstrous prodigy, huge, ill-shftpen, from which light is departed. The^ are amazed at the spectacle«^he hair of their

1306

OF CONGRESS.

1306

Febbuart, 1820.

JdmiiMon of Miaaouri,

H. OF R.

iieads stand erect with horror, and their voice cleaves to their jaws :

'* Monstmin horrendom, informe, iiig€n«, coi lamen

tdemptaai. ** OiMtnpiii, stateniiitqae coma, et vox &udbas hadt."

I should, sir, here offer an apology, did I not, in these embellishments of speech, imitate the exam- ple of Virginia.* Massachusetts, reprobate as she IS, may yet be permitted to hold a taper to the light of tne sun.

As the scaffolding of ambition, or as a mere in- strument to retain power, I do not advocate the restriction. I seek no victory but that of princi- ple— ^no triumph but that of tne common defence and general welfare. To me it is indifferent by virhicn section of the country the sceptre is wielded, if it be wielded by justice, directed by wisdom, and tempered by clemency.

I care not, sir, by whose counsels the nation is swayed, if by these counsels the public safety and happiness is promoted. I care not what State ex- erts a paramount influence, if that influence is salutary and benign. If Virginia will always give us a Wabbington for President, that ancient and honorable State may enjoy that pre-eminence forever.

In the course of the debate insinuations have been made, which cannot be misunderstood. It would indicate stupidity to misconstrue them. I shall not waste time to repel them, but solicit your attention to a statement which I am about to make.

You have, sir, in your pleasure pounds certain nuisances ; in order to prevent their rank growth, you spread them over your farm. And because they are there becoming hurtful, you attempt to disburden your lands by diffusing them over the surrounding country. The people who are to be affected by your attempts to spread such nuisances among them, gently remind you of the unfairness of your proceedings, and point out to you. in re- spectful language, the injurious effects whicn must result from your conduct. These you meet with menace, invective, and sarcasm, and pronounce their precautions to prevent a growing mischief, as tinctured with malice aforethought, a delibe- rate design to accomplish your rum. Or, Mr. Chairman, you have a seat in Italy, near ^tna or Vesuvius — you apprehend danger from the erup- tions of the mountains; and to ffuard against the injurious effects, you form machines to extract from these mountains the superfluous lava, and conductors to convey it to the surrounding king- doms, and thus, to free yourself from fear and alarm, overwhelm all Europe in one undistin- guishable ruin.

The calamities, sir, which you are preparing for yourself and posterity, by spreading slavery over the Western world, are oeyond calculation } they will be infinite. The pestiferous mischief will take deep root in that luxuriant soil, and vigorously flourish. A black population will over-

* A gentleman froin that Btate had made a firm use of Latin.

flow the land. The sable herds will roll back uppn you, carrying death and misery in their train, and oecome more destructive to the American Repub^ lie than were the Goths and Vandals to the Roman Empire. I shudder at the thought of being an in- strimient of entailing such a pest on my country.

Blind to the consequences of your actions, to the passions of the moment, will you sacrifice the hap- piness of ages 1 Perceiving the bowl which con- tains the deleterious poison presented to the lips of our country, which, if swallowed, will contami- nate her blood, and enervate her Constitution, we call, and we call aloud on her, to refuse the po- tion. For this more than patriotic attempt, this act of filial piety, are we to be considered as de- signing knaves or honest madmen ? To deter us from saving our country from disgrace, debility, and decay, do you {Hresent to our senses spectacles the most shocking? Do you assail the ear with the most alarming sounds ; the eye with all that is to the sig^t terrific ; the preludes of battle, and the direful results 7 Are we made to hear and see the clangor of the trumpet, the clash of arms, the dyiiw groans, and garments rolled in Uood? Are we forced to behold, in prospective, as the result of our enlightened policy, the waters of some among the largest of our rivers discolored with gore, and their channels choked up by the man- gled bodies of the dain ? Where, sir^ is to be the scene of these horrific transactions, this deplorable catastrophe? On the banks of the Delaware or the Huoson ? Most probably those of the Hudson will be preferred, as tnere imagination has laid the scene of the second Hartford Convention — there the insidious plot to provide for the common de- fence and g[eneral welfare — there the constructive treason against the prescriptive rights of the South.

Heap, sir, from the exuberant fertility of your imaginations, terror upon terror, and cause war and slaughter, and death and carnage, civil com- motions, and national convulsions, to pass in review before the eye of fancy j threaten to pour out upon us all the evils of Pandora's box, or to let loose all the plagues of the bottomless pit U-all is in vain. Neither threats nor devices nor ma- ncsuvres nor arts crimsoned with blood, will deter us from deliberately adopting and steadily pursu- ing a wise, equitable, and humane policy, calcu- lated to perfect " the Union, establish justice, insure ' domestic tranquillity^ provide for the ccHmnon ' defence, promote the general welfare, and secure ' the blessings of liberty to ourselves and our pos- ^ terity." I ought, Mr. Chairman, to ask pardon for the frequent repetition of this sentiment It is music to my ear, thouffh to the ears of others it seems to be more unwucome than the fame of the hero'of Pensacola or New Orleans.

But, Mr. Chairman, I am not apprehensive that these calamities will have any existence but in dis- turbed imaginations. I entertain a better opinion of the good sense of the ^people. I cannot beliere that any large portion of them, because a momen- tary passion is not gratified, will desert the stand- ard of the Union. We are liable to be deceived, even by our senses. The eye, the moat perfect of them, does not always present the ttue image of

1307

HISTORY OF CONGRESS,

1308

H. OP R.

Admission of Missouri.

February, 1820.

things. The ear is still more fallacious. The feel- ings excited and expressed here are not the crite- rion of public sentiment. And, to judge of the common mind by what is witnessed in the Capitol, you are liable to the same deception as you would oe to judge of the btate of the air, iVom the wind blowing^ into a close room through a crevice or aper- ture. From the loudness or shrillness of the noise, you might suppose that without there were storms, tempests, hurricanes, and tornadoes — ^ the war of elements and the crash of worlds !" But go abroad and you behold a serene sky, a placid sun, and a salutary breeze, only sufficient to purify the atmos- phere irom noxious vapors, and to prevent the corruption which all things contract by too much rest.

But, should some cfioice spirits among the people, disappointed in their favorite project, communi- cate their own ardor and passion to numbers, and excite them to rebellion ^ wnat would be the conse- quence ? The whole history of our Republic will inform you. No combinations against the Na- tional Government have prospered. It has gained strength in every rencontre. Its arm is not so shortened that it cannot save ; its ener^^y is not so impaired that it cannot protect itselt or enforce its mandates. That power which authoritatively said to the North ff^ve up^ will with equal effect say to the South keep hack, and to the West peace,

be sua f

But. sir, as imagination is free, I will suppose that, tiirough the arts of the designing, a spirit of disaffec'tion and revolt should be communicated to a lar^ section of our country, and a formidable rebellion raised against the laws enacted by the Supreme Legislature, and sanctioned by the Su- preme Judicial authority, and approved by the well-affected people, — ^what, sir, would be our pol- ky ? Think you. that to save our friends in that section, we should interpose — ^that we should spill our blood and waste our treasure to coerce you to a good temper and submission ? No, sir, we should leave you to " reap the fruits of your ways" and "be filled with your own devices." Time and suffering would restore you to soundness of mind, and bring you back to your allegiance.

Those who moved you to treason would be an- swerable for consequences. All the blood spilt would be on their own heads. They would be responsible for the crimes committed to God, to their country, and to the civilized world.

Attempt no longer to alarm our fears about the safety of the Union. The Union is not a rope of sand — ^it is a "threefold cord, which cannot easily be broken."

We of the extreme East have evinced our at- tachment to the Union, even " at times which tried men's souls — ^when your summer's soldier and sunshine patriot shrunk from danger." On the apprehension of danger to the Union, we ral- lied round its standard, defended it with our lives and fortunes, and made our breasts its ramparts. What, sir, is our reward ? We come to you for a small boon, and that boon is delayed. Missouri, the adopted Missouri, to the prejuaice of the true h^ir, has supplanted us in your affections. This

Missouri, lately an alien from the family, and scarcely of an age to unfold her charms, at the gentlest tap at your door, must be welcomed into your drawins-room with all her menial servants prostrate at her feet, or the whole House throTirn into confusion. But Maine, with all the beauty, the bloom, the fragrance, of eighteen, who has been devoted to your service, is received with cruel neglect, and only permitted to pass your thresh- old on the condition of associating with your slaves. Is this your treatment of a child who has ever been dutiful, and manifested in all her con- duct the most filial tenderness and respect? When she asks of you bread, do you give ner a stone ; when she desires a fisn, do you sting her with a scorpion ? " Tantcgne animis ccBlestibus ira P'

We justly complain of this partiality to your new favorite — if not an illegitimate, yet of foreign extraction and mixed blood. I speak allegoricaHy and mean no offence. Do you threaten, if Miss

, not in her teens, be not gratified in all her

fond humors, to raise disturbances in the fam- ily— to sow the seeds of discord among breth- ren— to set the " father against the son, the son against the father, the mother against the daugh- ter, and the daughter against the mother" — ^to tear up the foundation of domestic peace ? Look, sir, at the consequences of your actions. Count the cost, compute the gain, consider which section of our country has most to lose by secession from the Union, by disaffection and revolt. The North is the region of strength. The Eastern grand sec- tion of the Union has wealth and resources. It has valor, patriotism, and an enterprising spirit. It has navigation and commerce. It has a free population — an intelligent, industrious, virtuous people — the nerve, the sinew, the vital principle, the life-blood of a Republic. With these advan- tages, and wisdom to avail ourselves of them, are we to be driven from our pursuit of the general welfare through menace or fear ? Reproach us not with the sterility of our soil, the severity of our climate. The labor, sir, of freemen will make any soil fertile — liberty, any climate delightful. Industry, enterprise, and commerce, lead to wealth, and wealth to power and importance. Need I mention the States which, less favored by nature, in some respects, with commerce, industry, enter- prise, have taken an imposing attitude, and com- manded the deference ol surrounding nations? I refer you to the Venetians and Dutch ; I refer you to the English, who. by navigation, commerce, and manufacturing skill, attained to great wealth and splendor, and, at times^ wielded the destiny of Europe. I repeat it, therefore^ do your utmost, by a disloyal and refractory spirit, to dissolve the Union, and accomplish your object ; we have the least to fear.

We are prepared for the worst, though we seek the best. We shall clin^ to the Union as long as there is the least hope of safety. But if, through the unmanly jealousies, the headstrong passions, the ill-directed ambition of the proud, aspiring States, this Union must be dashed to pieces, we shall not perish. Escaping on some of the larger fragments, of these we snail reconstruct a re^el

1309

HISTORY OP CONGRESS.

1310

FebbuajuT) 1830.

AdmAnwii of Missouri.

H. or R .

of State, in which, if not with so much glory, we may be wafted along on a ffontle current of pros- perity, and enjoy peace, safety, and felicity.

But,, sir, the people of the United States hare too much ffood sense, patriotism, and civic rirtue, to lose sight, for any length of time, of their true interest, of their substantial glory. There is in them a redeeming spirit. They will never jeop- ardize the Union to gratify momentary pafeions, however inflamed or strong. They know, by ex- perience that the measures of Government, wnich, at the time of their adoption, have excited the greatest ferment, and caused the greatest agitation, and seemed to be the preludes to national convul- sions, ID operation have been found to have con- tributed most to die safety, peace, and glory of the nation. Such was President Washington's proc- lamation of neutrality, and the policy which en- sued, by which our country was saved from an unprofitable and calamitous war. Such was the treaty negotiated by the honorable John Jay, un- der the auspices of which our country attained to a prosperity unexampled in the history of nations. Tnese, sir, were emphatically the halcyon days of our Republic. And such, without the spirit of prophecy, I believe will be the restriction on sla- very in our Western territory. The succeeding, if not the present veneration, after the fervor of the moment shall subside, will view, with mingled emotions of regret and astonishment, the present op|>osition to a measure, which will have become their- ark of safety — ^their rock of defence.

1 am not, sir, among the diviners of the times, who imagine that the sun of our glory will go down at noon. I rather predict that it will con- tinue to shine with healing in its beams, and shed on a more extended horizon increased light, and splendor, and joy. Were I to give scope to im- agination, I might see in prospective a vast acces- sion of territory, of population, of wealth, and grandeur to our nation. In this prospective view, the Canadas, with New Brunswicx and Nova Scotia, allured by the wisdom and beneficence of our institutions, will stretch out their hands for an admission into this Union. The Floridas will be- come a willing victim. Mexico will mingle her lustre with the federal constellation. South Ame- rica, in token of fellowship, will bum incense on our RepnUican altar. The RepuUic of the Uni- ted States shall have dominion from sea to sea, from the Atlantic to tibe Pacific Ocean, and from the river Columbia to the ends of the earth. The American Easle, in a serene sky, will soar aloft to the stars of Heaven. Fame, with her loudest trumpet, will sound the greatness of our country from pole to {lole. The proudest nations of the globe, in admiration of her renown, shall court her friendship. The blessings of our Government shall be felt throughout the world. Its influence shall come down upon all the people like rain on the mown gprass — as showers that water the earth. In the plenitude of its power shall the righteous flourish, and abundance of peace, so long as the moon endureth.

Mr. Woon, of New York, followed Mr. Cvbb- MAN, and advocated the restriction.

Mr. PiNCCNEV, of South Carolina, addressed the Chair as follows:

Mr. Chairman : It was not my intention at first, and it is not now my wish, to rise on this import- ant question: one that has been so much and so ably discussed in both branches of Congress : one that has been the object of so many meetings of the people of the difierent States, and of so many resolutions of the legislatures, and instructions to their members: but I am so particularly circum- stanced, that it is impossible to avoid it. Coming from one of the most important of the Southern States, whose interests are deeply involved, and representing here a city and district which, I be- lieve, export more of our native products than any other in the Union ; having been also a member of the Old Congress, some important acts of which are brouaht into question on this occasion, and. above all, bein^ the only member of the txeneral Convention which formed the Constitution of the United States, now on this floor, and on whose acts rests the great question in controversy, how far you are or are not authorized to adopt this measure, it will, from ail these circumstances, be seen that it is impossible for me to avoid request* ing your permission to state some observations in support of the vote I shall give on a question, certainly, the most important that can come be- fore Congress : one, to say the least of it, on which may depend, not only tne peace^ the happiness, and the best interests, but, not improbably, the existence of that Union which has been, since its formation, the admiration of the world, and the pride, the glory, and the boast, of every American Dosom that beats within it.

In performinff this solemn duty, I trust I shall do it with that deference to the opinions of others which it is always my duty to show on this respect- able floor^ and that I shall be as short as the nature of the subject will permit, and completely moderate. Indeed, in questions of this importance, moderation appears to me to be indispensable to tne discovery of truth. I, therefore, lament extremely that so much warmth has been unnecessarily excited, and shall, in the remarks I may make^ studiously avoid, what I conceive the decorum of debate ought to enjoin upon every member.

At the time I kft, or sailed, from the city I here represent, scarcely a word was said of the Missouri question ; no man there ever supposed that one of such magnitude was before you. I, therefore, have, since the serious aspect this subject has assumed, received numerous inquiries on it, and wishes to Imow my opinion as to the extent and consequen- ces of it. I have cahdidly replied, that, so far as respects the regaining an ascendency on both the floors of Congress^ of regaining the possession of the honors and ofi&ces of our Government ; and of, through this measure, laying the foundation of for- ever securing their ascendency, and the powers of the Government, the Eastern and Northern States had a high and deep interest. That, so far as re- spects the retaining the honors and ofllces and the powers of theGh>vernment,and the preventing the establishment of principles to interfere with them, the Southern ana Western States had equal inter-

1311

HISTOBT aF CONGRBSB.

1312

H. OF R«

Admwuvm of Miawari,

FsBBUAaTy 1820.

est with the Northern. But, that, when we con- sider to what lengths the right of Congress to touch the question oi slavery at aU might reach, it beeame one, indeed* of tremendous import.

Among tne reasons which have induced me to rise, one is to express my surprise. Surprise, did I say ? I ought rather to have said, my extreme astonishmenL at the assertion I heard made on both floors of Congress, that, in forming the Con- stitution of the United States, and particularly that part of it which respects the representa- tion on this floor, the Northern and Eastern States, or, as they are now called, the non-slaveholding States, have made a great concession to the South- ern, in ^ranting them a representation of threes fifths of their slaves; that they saw the conces- sion was a very great and important one at the time, but that they had no idea it would so soon have proved itself of such consequence ; that it would so soon have proved itself to be by far the most important concession that had been made. They say, that it was wrunff from them by their affection to the Union, and meir wish to pres^ ve it from dissolution or disunion ; that they had, for a long time« lamented they had made it ; and that, if it was to do over, no earthly considemtion should again tempt them to agree to so unequal and so ruinous a compromise. By this, I suppose, Mr. Chairman, is meant, that they oould have had no idea that the Western and Southern States would have grown with the rapidity they have, and filled so many of the seats in this House ; in other words, that they would so soon have torn the sceptre from the £ast.

It was, sir, for the purpose of correcting this great and unpardonable error ; unpardonaUe, be- cause it is a wilful one, and the error of it is well known to the ablest of those who make it ; of de- nying the assertion, and proving that the ccmtrary is the fact, and that the concession, on thatoceasion, was from the Southern and the Northern States, that, among others, I have risen.

It is of the greatest consequence that the proof I am about to give should be laid before this na- tion ; for, as the inequality of representation is the ffreat ground on which the NorUiem and Eastern States have always, and now more partioularly and forciUy than ever, raised all their complaints on this subject, if I can show and prove that they have not even a shadow of right to make pretences or com{^ints ; that they are as fully represented as they ought to be ; while w& the Southern mem- bers, are unjustly deprived of any representation for a latffe and important part of our population, more valuable to the Union, as can be shown, than any equal number of inhabitants in the Northern and Eastern States can, from their situ- ation, climate, and productions, possibly be. If I can prove this, I think I shall be able to show most cleany the true motives which have given rise to this measure ; to strip the thin, the cobweb veil from it, as well as the pretended ones of religion, humanity, and love of liberty ; and to show, to use the soft terms the decorum of debate oblige me to use, the extreme want, of modesty in those who are already as fully represented here as they can

be, to go the great lengths they do in endeavoring, by every effort in their power, public and prirate, to take from the Soutbem and Western States, -^hick are already so greatly and unjustly deprived of an important part of the representation, a still greater share ; to endeavor to establish the first precedent, which extreme rashness and temerity have ev» presumed, that Congress has a right to touch the question and l^islate on slavery ; there- by shaking the property in them, in the Southern and Western States, to its very foundation, and making an attack which, if successful, must con- vince them that the Northern and Eastern States are their greatest enemies ; that they are preparing measures for them which even Great Britain, in the heat of the Revolutionary war, and when all her passions were roused by hatred and revenge to tlie highest pitch, never ventured to inflict upon them. Instead of a course like this, they ought, in my ju^p^ent, sir, to be highly pleased with their present sitaation ; that they are fully repre- sented, while we have lost so great a share of our representation ', they ought, sir, to be highly {leased at the dexterity and management of their membors in the Convention, who obtained for them this great advantage ; and, above all, with the moder- ation and forbearance with which the Southern and Western States have alwapt borne their many bitter provocations on this subject, and now heta^ the open, avowed^ and, by many of the ablest men amon^ them, undisguised attack on our most valu- able rights and properties.

At the commencement of our Revolutionary struggle with Great Britain, all the States bad slaves. The New England States had numbers of them, and treated them in the same manner the Southern did. The Northern and Middle Slates had still more numerous bodies of them, although not so numerous as the Southern. They all en- tered into that great contest with similar views, properties, and designs. Like brethren* the^ con- tended for the benefit of the whole, leaving to each the right to pursue its happiness in its own way.

They thus nobly toiled and bled together, really like brethren ; and it is a most remarkable fact that, notwithstanding in the course of the Revolu- tion the Southern States were continually overrun by the British, and that every negro in them had an opportunity of leaving their owners, few did ; proving thereoy not only a most remarkable at- tachment to thieir owners, but the mildness of the treatment, from which their a&ction sprang. They then were, as they still are, as valuable a part of our population to the Union as anjr other equal numb^ of inhabitants. They were, in nu- merous instances^ the pioneers, and m all tne labo- rers, of your armies. To their hands were owing the erection of the greatest part of the fortifications raised for the protection of our country ; some of which, particularly Fort Moultrie, gave^ at that early period of the inexperience and untried valor of our citizens, immortality to American arms ; and in the Northern States numerous bodies of them were enrolled into and fought hy the sides of the whites the battles of the Revolution.

1313

HISTORY OF CONGRESS.

1314

Fbbruaht, 1830.

Admismn of MUwwti.

H. OP R.

Things went on in this way until the period of our attempt to form our first national compact, the Confederation, in which the equality of vote was preserved, and the first squeamishness on the sub- ject of not using, or even alluding to, the word slavery, or making it a part of our political ma- chinery, was shown. In this compact, the value of tlie lands and improvements was made the rule for apportioning the public burdens and taxes. But the Northern and Eastern States, who are al- ways much more alive to their interests than the Southern, found that their squeamishness was in- consistent with their interest ; and, as usual, made the latter prevail. They found it was paying too dear for their qualms to keep their hand nom the slaves any longer. At their instance, and on their motion, as wifi appear by a reference to the Jour- nals of the Old Congress, the making lands the rule was changed, and people, including the whites and three-fifths of other descriptions was adopted. It was not until in 1781, that the Confederation was adopted by, and became binding on, all the States. This miserable, feeble mocker]^ of Gov- ernment crawled on until 1785, when, from New York's refusing to agree with all the States to grant to Congress the impost, (I am not sure, but I be- lieve she stood alone in the reftisal,) the States determined no longer to put up with her conduct, and absolutely rebelled against the Grovernment. The first State that did so was New Jersey, who, by a solemn act, passed in all its proper forms by her legislature and government, most positively and absolutely refused any longer to obey the requi- sitions of Congress, or to pay another dollar. As there was no doubt other States would soon fol- low their example — as Pennsylvania shortly did — 'Congress, aware of the mischiefs which must arise if a dissolution took place of the Union before a new Grovernment could be formed, sent a deputa- tion of their own body to address the Liegislature of New Jersey, of which I was appointed chair- man. We did. repair there, and addressed them, and I had the honor and happiness to carry back with me to Congress the repeal of her act by New I Jersey — a State, during the whole of the Revolu- I ttonary war, celebrated for her patriotism, and who, |. in this noble self-denial, and forgetfulness of inju- I ries inflicted by New York on her and the rest of j the Union, exhibited a disinterestedness and love [ of Union which did her the highest honor. J The revolt of New Jersey and Pennsylvania \ accelerated the new Constitution. On a motion I from Virginia the Convention met at Philadelphia, I where, as you will find from the Journals, we were I repeatedly in danger of dissolving without doing I any thing ; that body being equally divided as to ^ laige and small States, and each having a vote, and il the small States insisting most pertinaciously, for I near six weeks, on equal power in both branches — g nothing but the prudence and forbearance of the I large States saved the Union. A compromise was I made, that the small States and laree should be J equally represented in the Senate, and proportion- it ally in the House of Representatives. I am now u' arrived at the reason for which I have, sir, taken the liberty to make these preliminary remarks.

16th Con. 1st Sess 42

For, as the true motive for all this dreadful clamor throughout the Union, this serious and eventful attack on our most sacred and valuable rights and properties, is, to gain a fixed ascendencv in the rep- resentation in Congress ; ttnd, as the only flimsy ex- cuse under which the Northern and Eastern States shelter themselves, is, that they have been hardly treated in the representation in this House, and that they have lost the benefit of the compromise they pretend was made, and which I shall most positively deny, and show that nothing like a com- promise was ever intended.

By all the public expenses being borne by in- direct taxes, and not direct, as was expected ; if I can show that all their pretensions and claims are wholly untrue and unfounded, and that while they are fully represented, they did, by force, or some- thing like it, deprive us of a rightful part of our representation, I shall then be able to take the mask from ail their pretended reasons and excuses, and show this unpardonable attack, this monster, in its true and uncovered hideousness.

Long before our present public distresses had convinced even the most ignorant and uninformed politician of the truth of ttie maxim I am about to mention, all the well-informed statesmen of our Union knew that the only true mode for a large agricultural and commercial country to flouriui, was never to import more than they can pay for by the export of their own native products ; that, it they do, they will be sure to plunge themselves into the distressing and disgraceful situation this country is in at present.

If, then, this great political truth or maxim, or call it what you please, is most unquestionaMe, let us now see who supports this GK)vernment ; who raises your armies, equips your navies, pays your public debt, enables you to erect forts, arsenals, and dock yards. Who nerves the arm of this Qovenrment and enables you to lift it for the pro- tection, the honor^ and extension of our beloved Republic into regions where none but brutes and savages have before roamed ? Who are your real sinews in war, and the best — I had almost said nearly the only — sinews and sources of your com- merce in peace ? I will presently tell you.

If, as no doubt, you will in future confine your imports to the amount of your exports of native products, and all your revenue is to be, as it is now, raised by taxes or duties on your imports, I ask you who pays the expense, and who, m fact, enables you to go on witn your Grovernment at all, and prevents its wheels from stopping ? I will show you by the papers which I. hold in my hand. This, sir, is your Secretary of the Treasury's re- port, made a few weeks ago, by which it appears that all the exports of native products, from Maine to Pennsylvania, inclusive, for the last vear, amounted to only about eighteen millions of^ dol- lars: while those among the slaveholding States, to the southward of Pennsylvania, amounted to thirty-two millions or thereabouts^ thereby ena- bling themselves, or acquiring the right, to import double as much as the others, and lurnishing the Treasury with double the amount the Northern and Eastern States do. And here let me ask,

1315

HISTORY OF C0M0RES8.

1316

H. OP R.

Aiimi$ii(m of BHaowi,

Fbmkuast, 1880.

from whence do these exports arise? By whose hands are they made? I answer, entirely hy the slaves; and yet these valuable inhabitants, with- out whom your very Government could not ^o on, and the labor of two or three of whom in the Southern States is more valuable to it than the labor of &Ye of their inhabitants in the Eastern States, the States owning and possessing them are denied a repiresentation but for three-fifths on this floor^ while the whole of the comparatively unpro- ductive inhabitants of the Northern and Eastern States are fully represented here. Is it iust— is this equal? And yet th^ have the modesty to complain of the representation, as unjust and une- qual; and that they have not the return made tnem they expected, by taxing the slaves, and making them bear a proportion of the public bur- dens. Some writers on political economy are of rion that the representation of a State ought lys to be equally founded on population and taxation. It is my duty to believe that these are the true criterions; for my own State (South Ca- rolina) having, in her House of Representatives, 124 members, 62 of them are apportioned by the white population, and 62 on taxation; th«s rep- resenting the contributions of our citizens in every wav, whether arising from services or taxes.

Before I proceed to the other parts of this ques- tion, I have thus endeovored to give a new view of the subject of representation in this House ; to show liow much more the Eastern and Northern States are represented than the Southern and Western; how little right the former have to com- plain, and how unreasonable it is that, while, to continue the balance of representation in the Sen- ate, we consent to ^ive admission to Maine, to make up for Missouri, thev most unconscionably require to have both, ana thus add four to the number now preparing, most cruelly, to lift the arm of the Government a^inst the property of the Southern and Westnn States.

If I have succeeded, as I hope I have, in proving the unreasonableness of the complaints of tne fiast- et n and Northern States on the suljeet of repre- sentation, it would, I suppose, appear extraordinary to the people of this naticra that this attempt should BOW be made, even if Congress should be found to possess the riffht to legisuUe or inter- fere in it. But if, in addition to this, it should he in my power to show that they have not the most distant right to interfere, or to legislate at all upon the subject of slavery, or to admit a State in any way whatever except on terms of perfect equalitv ; that they have no right to make compacts on the subject, and that the only power they have is to see that the aovemment of the State to be admitted is a repumican one, having legislative, executive, and iudiciary powers, the rights of conscience, jury, a habeas corpus, and all the great leading principles of our republican sys- tems, well secured, and to guaranty them to it: if I shall be able to do this, of course the attempt must fail, and the amendment be rejected.

The supporters of the amendment contend that Congress have theri^^ht to insist on the prevention of involuntary servitude in Missouri ; and found <

the right on the ninth section of the first article, which says, " the migration or importation of such ' persons as the States now existing may think ' proper to admit, shall not be prohibited by the ' Congress prior to the year 1808, but a tax or dutv ' may be imposed on such importation not ezceeo- ' ing ten dollars."

In considering this article, I will detail, as far as at this distant period is possible, what was the intention of the Convention that formed the Con- stitution in this article. The intention was, to give Congress a pow^. after the year 1808, to prevent the importation ot slaves either by land or water from other countries. The word mpoti^ includes both, and applies wholly to slaves. Without thiib limitationi Congress might have stopped it sooner under their general power to r^ulate commerce ; and it was an agreed point, a solemnly understood compact, that, on the Southern States consenting to shut their porta against the importation of Africans, no povrer was to be delegated to Congress, nor were thev ever to be authorized to touch the ques- tion of slavery; that the property of the Southern States in slaves wqjs to be as sacredly preaerved, and protected to them, as that of Und, or any other kind of property in the Eastern States were to be to their citizens.

The term, or word, migration, applies wholly to free whites; in its Constitutional sense, as in- tended b3r the Convention, it means ''voluntary change of servitude," from one country to another. The reasons of its being adopted and used in the Constitution, as far as I can recollect, were these; that the Constitution being a frame of govern- ment, consisting wholly of delenited powers, ail power, not expressly delegated, being reserved to the people or the States, it viras sum)osed, that, without some express grant to them of power on the subiect, Congress would not be authorized ever to touen the question of migration hither, or emigra- tion to this country, however pressing or urgent the necessity for such a measure might be ; that they could derive no such power from the usages of nations, or even the laws of war ; that the latter wonld only enable them to make prisoners of alico enemies, which would not be siidficient, as spies or other dangerous emigrants^ who were not alien enemies, might enter the country for treasonable purposes, and do great injury ; that, as all govern- ments possessed this power, it was necessary to give it to our own, which conld alone exercise it, and where, on other and mnch greater points, we had placed unlimited confidence ; it was, therefore, agreed that, in the same article, the word migra- tion should be placed ; and that, from the year 1808, Congress snotild possess the complete power to stop either or both, as they miffht suppose the public interest required ; the article, therefore, is a wffolwe pregnanij rest mining for twenty years, and giving the power after.

The reasons for restraining the power to prevent migration hither for twenty years, were, to the best of my recollection, these: That, as at this time, we had immense and almost immeasurable territory, peopled by not more than two millions and a half of inhabitants, it was of very great

1S17

HISTORY OF 00NGRB8S.

1318

FwmmjMYy leso.

Admiisiion of Misiomri,

H. OP R.

eoMcqaeBce to encovrage dw eniigatioii of aUe, .skilful, and industrious Snropeans. The wise coo- dnet of William Penn, and the unexampled growth of PennsrlTania. were cited. It was said, that the portals of the oniy temple of true freedom now ex- isting on earth should be thrown open to all man- kind ; that all foreigners of industrious habits should be welcome, and none more so than men of science, and such as may bring to us arts we are unac- quainted with, or the means of perfecting those in which we are not yet sufficiently skilled— capi- laliBts whose wealth may add to our commerce or domestic improrements ; let the door be ever and most affeetionately open to illustrious exiles and sttflferers in the cause of liberty; in short, open it liberally to science, to merit, and talents, wherever found, and reeeiye and make them your own. That the safest mode would be to pursue the course ibr twenty years, and not, before that pcriodi, put it at all into the power of Congress to shut it; that, by that time, the Union would be so settled, and our population would be so much increased, we could proceed on our own stock, without the farther accession of foreigners ; that, as Congress were to be prohibited from stopping the importa- tion of slaves to settle the Southern States, as no obstacle was to be thrown in the way of their in- ereaae and settlement for that period, let it be so with the Northern and Eastern, to which, partic- ularly New Yoik and Philadelphia, it was ex- pected most of the emigrants would go fro^ En- rope: and it so happen^, for, previous to the year 1808, more than double as manv Europeans em- igrated to these States, as of Africans were im- ported into the Southern States.

I have, sir, smiled at the idea of some gentle- men in supposing that Congress possessed the pow- er to insert this amendment, from that which is fiven in the Conptitution to regulate commerce etween the several States ; and some have as- serted, that under it, they not only have the pow- er to inhibit slavery in Missouri, but even to pre- vent the migration of slaves from one State to ano- ther— from Maryland to yir|rinia. The true and peculiarly ludicrous manner m which a gentleman from that State lately treated this part of the sub- ject, will, no doubt, induce an abandonment of this pretended right ; nor shall I stop to answer it unnl gentlemen can convince me that migration does not mean change of residence from one country or climate to another, and that the United States are not one country, one nation, or one peo- ple. If the word does mean as I c<Kitend, and we are one people, I will then ask, how it is pos- sible to migrate from one part of a country to another part of the same country? Surely, sir, when such straws as these are caught at to sup- port a right, the hopes of doing so must be slender indeed. I will only mention here, as it is perfectly within my recollection, that the power was given to Congress to regulate the commerce by water between the States, and it beins; feared, by the

Southern, that the Eastern would, whenever they could, do so to the disadvantage of the Southern

States, you will find, in the 6th section of the 1st article, Congress are prevented from taxing ex.

ports, or giving preference to the ports of one State over another, or obliging vessels bound from one State to clear, enter, or pay duties in another; which restrictions, more clearly than any thing dse^ prove what the power to regulate commerce among the several States means.

The gentlemen, being driven from these grounds, come then to what they call their great and in^ pregnable right — that, under the 3d section of the 4th article, it is declaimed, new States may be ad- mitted into this Union by the Congress ; and that, by the latter clause of the same section, the Con- gress shall have power to dispose of, and make all needful rules and regulations respecting the tem- tory or other property belonging to the United States.

By the first clause they contend, that Coagresa has an ample and unlimited cc«nmand over the whole subject ; that they can reject the admiasion of a State altogether, on can admit one, and impoee such conditions, or make such compacts wiUi a State as they may please ; and that, unless a State accepts the offers they may make, they mav refuse her admission. Let us first inquire wnat tne laws of nations call a State. Vattei says, ^ Nations or 'States are bodies politic: societies of men united * together to procure their mutual safety and ad- ' vantage by means of their union. Such a society ^ has its affairs and intoreets ; it delibemtes and ' resolves in common, and thus becomes a moral ^ person, bavins an understandinff and a will pe- ' culiar to itself, and is Susceptible of obligations ' and laws." Tnis is what he calls a State. What do we call one ? A territory inhabited by a peo- ple livinff under a government formed by them- selves, which government possesses, in a repub- lican form, all the legislative, executive, and ju- diciary powers necessary to tne protection of the lives, liberties, characters and properties of their citizens, or which they can exercise for their ben- efit, and have not delegated to the €(<ffleral Qov- emment, for the conunon defence and general wel- fare of an union, composed of a number of States, whose ritfhts and political powers are all perfectly equal ; that, amouj^ these, one of the most import- ant is, that of deciding for themselves what kind of persons ^ali inhabit their country, no others being either so capable or fit to jud|^e on this very important point as respects their private happiness as themselves, as they alone are either to sufier or benefit from the injudicious or wise choice they may make ; that as the other States possess com- pletely this power, Missouri has the same right ; that, if she was inclined, she could not give to Congress the right to decide for her, nor could the latter accept it ; that all the inhabitants of Missouri being against the prohibition, to insist on it, is to entirely put it out of her power to enter the Union, and to Keep her in a state of colonial tyranny ; that, if you can exercise this riffht, where will you stop ? May you not dictate to her the nature of the government she shall have? may you not ffiye her a plural executive, a legislature for six and judges for one year ? If you say there shall be no slavery, may you not say there snail be no marriage ? may you not insist on her being difierent in every respect

1319

HISTORY OF CONGRESS,

1320

H. OP R.

Admission of Missouri,

Febroaby, 1820.

from the others ? Sir, if you are determiaed to break the Constitution in this important point, you may even proceed to do so in tne essences of the very form you are bound to guaranty to them. Instead of endeavoring to lessen or injure the force and spirit of the State governments, every true friend of his country ought to endeavor, as far as he can, to strengthen them ; for, be assured, it will be to the strength and increase of our State governments, more than any other, that the American Republic will owe its firmness aud duration.

The people of Europe, from their total ignor^ ance of our country and Government, have alwavs augured that its great extent, when it came to be thickly peopled, would occasion its separation; this is stul the opinion of all, and the hope of many there ; whereas, nothing can be more true in our politics than that, in proportion to the increase of the State governments, tne strength and solidity of the Federal Government are augmented ; so that, with twenty or twenty-two governments, we shall be much more secure from disunion than with twelve, and ten times more so than if we were a single or consolidated one. By the indi- vidual States exercising, as thejr do, all the powers necessary for municipal or individual purposes — trying all questions of property, and. punishing all crimes not belonging, in either case, to the federal courts, and leavmg the General Government at leisure and in a situation solely to devote itself to the exercise of the great powers of war and peace, commerce and our connexions with foreigners, and all the natural authorities delegated by the Constitution, it eases them of a vast quantity of business that would very much disturb the exer- cise of their general powers. Nor is it clear that any single government, in a country so extensive, could transmit the full influence of the laws neces- sary to local purposes through all its parts ; where- as, the State |^overnments, having all a conve- nient surrounding territory, exercise these powers with ease, and are always at hand to give aid to the federal tribunals and officers placed among them to execute their laws, should assistance be neces- sary. Another great advantage is, the almost utter impossibility of erecting among them the standard of faction, to any alarming degree, against the Union, so as to threaten its dissolution, or pro- duce changes in any but a Constitutional way. It is well known that faction is always much more easy and dangerous in small than large countries ; and when we consider that, to the security afforded by the extent of our territory are to be added, the euards of the State Legislatures, which being se- lected as they are, and always the most proper or- gans of their citizens' opinions as to the measures of the Greneral Government, stand as alert and faithful sentinels to disprove, as they did in the times that are past, such acts as appear impolitic or unconstitutional, or to approve and support, as they have frequently done since, such as were pat- riotic or praiseworUiy. With such guards it is impossible for any serious opposition to be made to the Federal Government on slight or trivial gcounds; nor, through such an ejLtent of territory Qc. number of States, would any but the most ty-

rannical or corrupt acts claim serious attention ; and, whenever they occur, we can always safely trust to a sufficient number of the States arraying themselves in a manner to produce by their infla- ence the necessary reforms, in a peaceable and le^l mode. Witn twenty-ibur or more States it will be impossible, sir, for four or five States, or any comparatively small number, ever to threaten the existence of tne Union. They will be easily- seen through by the other eighteen or twenty, and frowned into insignificance and submission to the general will, in aU cases where the proceedings of the Federal Government are approved by tnem. And, even in cases where doubts may arise as to the wisdom or policy of their measures, all factious measures will be made to Vait Constitutional re- dress, in the peaceable manner prescribed by the Constitution.

Without the instrumentality of the States in a country so large and free, and with their Govern- ment at a great distance from its extremities, there would be considerable danger of faction ; bat at present there is very little, and, as the States in- crease, the danger will lessen ; and ft is this admi- rable expanding principle or system, if I may use the term, which, while it carries new States and governments into our forests and increases the pop- ulation and resources of the Union, must unques- tionably, at the same time, add to its means to resist and repress with ease all attacks of foreign hostility or domestic faction. It is this system, which IS not at all understood in Europe and too little among ourselves, that will long keep us a strong and united people ; nor do I see any ques- tion, but the one which respects slavery, that can ever divide us.

The question being the admission of a new State, I hope these remarks will be considered as in point, as tney go to show the importance of the State governments, and how really and indeed indispen- sably they are the pillars of the Federal Grovem- ment, and how anxious we should be to strengthen and not to impair them, to make them all the strong and equal supporters of the federal system.

With respect to Louisiana, Congress have already by their acts solemnly ratified the treaty which ex- tends to all the States, created out of that purchase, the benefits of an admission into the Union on equal terms with the old States; they gave to Louisiana first, and afterwards to Missouri and Arkansas, Territorial governments, in all of which they agreed to the admission of slaves. Louisiana was incorporated into the Union, allowing their admission ; Missouri was advanced to the second ffrade of Territorial government, without the pro- hibition of slavery : thus, for more than sixteen years, Missouri considered herself precisely in the situation of her sister Louisiana, and many thou- sands of slaves have been carried by settlers there. To deny it, then, now, will operate as a snare, unworthy the faith of this Grovernment. What is to be done ? Are the slaves now there to be man- umitted, or their masters obliged to carry them away, break up all their settlements, and, in this un- just and unexpected manner, to be hurled into ruin? If we are to pay no respect to the Constitution, or

1321

HISTORY OP CONGRESS.

1322

Fbbruast, 1820.

Admifiian of Miswwrt,

H. OP R.

to treaties, are we to pay no respect to our own laws, by which the faith of the nation has, for sixteen years, been solemnly pledged, that no pro- hibition would take place, as to slayery, in those States? I have saia so much, to show how im- portant it is to the firnmess and duration of the American Union, to preserye the States and their government in the full possession of all the rights secured by the Constitution.

I have liitherto said nothing of the treaty, as I consider the rights of Missouri to rest on the Con- stitution so strongly, as not require the aid of the treaty. But, I will^ at the same time say, that, if there was no right under the Constitution, the treaty, of itself, is sufficient, and fully sO) to give it to her. Let us, however, shortly examine the treaty. The words are these : *^ The inhabitants ' of the ceded territory shall be incorporated in ' the Union of the United States, and admitted,

* as soon as possible, according to the principles ^ of the Federal Constitution, to the enjoyment

* of all the rights, a^ivantages, and immunities, of < the citizens of tne United States." 0[ these it is particularly observable, that, to leave no doubt on the mind of either of the Governments which formed it, or of any impartial man, so much pains are taken to secure to Louisiana all the rights of the States of the American Union, a singular and un- common surplussage is introduced into the article. Kither of the wor6sA7nmunUie8,riffhtSj or advantoffeSy would have been, ol itself, full v sufficient. Imrnunity means privilege, exemption, treedom — riffht means justice, just claim, privilege— tufvanto^d means convenience, gain, benefit, favorable to circum- stances. If either word, therefore, is 8uffi<iient to give her a right to be placed on an equal footing with the other States, who shall doubt of her rifirht, when you now find that your GK)vemment nas solemnly pledged itself to bestow on, and ^aranty to, Louisiana all the privileges, exemptions, and freedom, rights, immunities, and advantages, jus- tice, just claims, conveniences, gains, bendlts, and favorable circumstances, enjoyed by the other States?

In speaking of treaties, Vattel states as follows : ** The implicit submission to their authority which

* is exhibited everywhere, proves the strenj^h, ' indeed, unansweraUe strength, in which it is ' founded."

These writers say, that every thing which the public safety renders inviolable is sacred in so- ciety. Who, then, can doubt that treaties are in the number of those things that are held most sacred by nations? They determine the most im- portant affiiirs, give rules to their pretensions, and secure their most precious interests. But treaties are only vain words, if they are not considered as in- violable rules to sovereigns, and as sacred through- out the whole world. Treaties are, then, most holy and sacred among nations ; and, if people are not wanting to themselves, infamy must ever be the share of him who violates his faith ; for, in doing so, he violates the law of nations ; he de- spises that iaith which they declare sacred ; he is 4ouUy guilty — ^he does an injury to all nations, and wounds the whole human race.

If this is the reasoning of the best writers on the laws of nations, are we now dbposed, for the first time, to be the instruments of rendering this nation infamous in the eyes of the whole world, and wound the human race ? Are we, who have so frequently charged the £nglish and Spaniards with breach of treaties and of faith, now to be- come breakers of treaties ourselves — exhibit our hitherto honorable, and even uncharged. Republic as an evil example to other Grovemments ? Are we, who have always kept our treaties with scru- pulous faith with our Indian neighbors, and' con- sidered their weakness as an additional call on our honor, to do so--are we now, for the first time, to turn hack on all our former courses, and make our feeble brethren of Missouri the first victims of our breach of national faith ? Even if the treaty was ambiguous, if it was doubtful, do not the laws of nations expressly declare " that, in doubtful cases, treaties shall be construed in favor of those for whose benefit they were made ? And was it not for the express benefit of Louisiana (all Louisiana, to the utmost limits) that this treaty was made, giving to the whole Territory, and all that may inhabit it as citizens of this Union, equal rights, immunities, and advantages, with the citizens of all the other States in it ? Unquestionably it was; and it is our duty to prevent^ in the words of Vat- tei, "the infamy of our hitherto untainted and I even unsuspected Government, and honorably and literally carry the treaty into execution."

Having thus, I trust, proved clearly that you have no right to adopt this inhibition of slavery, but are forbid to do so by the Constitution, as well as by the treaty, I ought perhaps to stop here ; but there are some other pointf, which I oueht not to

?ass unnoticed. One of these is the orainance of uly, 1787, passed by the Old Congress, at the Seriod of the sitting of the Convention in Phila- elphia, for forming the Constitution, by which that body fthe Old Congress) undertook to form a code for tne future settlement, government, and admission into the Union, of Si the Territory Northwest of the river Ohio, ceded by Virginia to the United States in 1785 ; which cession has so often been read to the House in this discussion. On this subject, I beg leave to remark that, by the Confederation of the United States, the Old Con- gress had no power whatever but that of admitting new States, provided nine States assented. By this, it is most unquestionable, that no number of States under nine had any right to admit new States. Of course, it was the intention of the Confederation that, on so important a measure as the establishment of governments for, and the admission of, new States, Congress should never possess the power to act, unless nine States were represented m that body at the time of their doing 80. This ordinance, therefore, in prescribing the forms of government, as they respected legislative, executive, and judiciary powers, in establishing bills of rights, and the times and terms of their ao- mission into the Union^ and inhibiting servitude therein, is chargeable with ingratitude and usur- pation. It is chargeable with ingratitude, when we reflect that the cession of the great tract of

1S28

HISTOitY OF CONGRESS.

ia24

H. OF R.

AdmuBkn of Mistowi.

Febauart, 1830.

country — ^this rising empire of freemen — was gra- toitously, and wiu noble disinterestedness and patriotism, made bv Virginia, that the passing of an ordinance whicn contained a provision which could not but go to prevent the admission of Vir- ginians there, as they could not move there with meir slaves, was a most ungracious and ungrate- ful return to that State for her liberality, and could not but meet, with the disapprobation of this

nation.

I have already mentioned the reasons to show, that unless they had nine States present, the Ola Congress had no power to admit new States, and of course no power to prescribe the forms of gov- ernment, bills of rights, or terms or times of admis- sions, benefits, or exclusions, with a less number than nine.

If there were not other strong reasons attending the passing this ordinance, those already mentioned are sufficient to show that it is a nullity ; that it never had or could have had a binding force ; that the present Congress had nor has any Constitu- tional right to confirm that part of it which respect^ the exclusion of involuntary servitude from that Territory ; and that the States of Ohio, Indiana, and niinois, having by their constitutions voluur tarUy excluded it, possess the power whenever they please to alter their constitutions, and admit servi- tude in any way they think proper.

Let us, sir, recollect the circumstances the Old Congress were in at the time they passed this ordi- nance : they had dwindled almost to nothing; ; the Convention had been then three months m ses- sion ; it was universally known a Constitution was in its essentials afi^reed to; and the public were daily expecting ^wna^oon happened) the promul-

fition.of a new torm ^Government for the Union, ask, sir was it under these circumstances proper for a feeble, dwindled body, that had wholly lost the confidence of the nation, and which was then waiting its supercession by the people — a feeble, inefficient body, in which only seven or eight States were represented, the whole of which con- sisted of but seventeen or eighteen men— a num- ber smaller than your large committees; a body literally in the very agonies of political death ; — was it, sir, even decent in them Tnot to say lawfol or Constitutional) to have passea an ordinance of such importance i I do not know or recollect the names of the members who voted for it, but it is to be fairly presumed they could not have been among the men who possessed the greatest confi,- dence of the Union, or at that very time they would have been members of the Convention sitting at Philadelphia. But I am perhaps taking up your time unnecessarily on this subject, and I shall pro- ceed to others.

A great deal has been said on the subiect of slavery — ^that it is an infamous stain and Slot on the States that hold them : not only degrading the slave, but the master, and making him unfit for rejpublican government: that it is contrary to reli- gion and the law of Goa ; and that Congress ought to do every thing in their power to prevent its extension among the new States. Now, sir, I should be glad to know how any

man is acquainted with what is the will or the law of God on this subject Has it ever been im- parted either to the old or new world? Is there a single line in the Old or New Testament, eitlier censuring or forbidding it? I answer withost hesitation, qo. But there are hundreds speakiag of and recognising it. Hagar, from whom mf lions sprang, was an African slave, bou^t out of Egypt by Abraham, the father of tne faithful and the beloved servant of the Most Hiffh ; and he had, besides, three hundred and eighteen nftale slaves. The Jews, in the time of the theoomey, and the Greeks and Romans, had aU slaves ; at that time there was no nation without th»n. If we are to believe that this world was formed by a great and omnipotent Bein^ ; that nothing is per- mitted to exist here but by his wiU, and then throw our eyes throughout the whole of it, we should form an opinion very different indeed from tlxat asserted, that slavery was against the law of God.

Let those acquainted wim the situadon of the people of Asia and Africa, where not one man in ten can be called a freeman, or whose situation can be compared with the comforts of our alaves, throw their eyes over them, and carry them to Russia, and from the North to the South of Eu- rope, where, except Great Britain, nothing like liberty exists. Let them view the lower classes of their inhabitants, by far the most niuneroua of the whole ; the thousands of begsars that infest their streets, more than half starved, half naked, and in the most wretched state of human degradation. Let him then so to England ; the comforts^ if they have any, of the lower classes of whose inhabit- ants are far mierior to those of our slaves. Let him, when there, ask of their economists, what are the numbers of millions daily fed by the hand of charity ; and. when satisfied there, then let him come nearer nome, and examine into the situation o£ the free negroes now resident in New York and Philadelphia, and compare them with the sicim- ti<Mi of our slaves, and he will tell you thit, pei> hap8, the most miserable and degraded state of human nature is to be found among the free ne- groes of New Yoric and Philadelphia, most of whom are fugitives from the Southern States, re- ceived and sheltered in those States. I did not go to New York, but I did to Philadelphia, and par^ ticularly examined this subject while theie. I saw their streets crowded with idle, drunken ne- groes, at every comer ; and, on visiting their peni- tentiary, found, to my astonishment, tliat, out of &Ye hundred convicts there confined, more than one-half were blacks; and, as all die convicts throughout that State are sent to that peaiten- tiarv, and, if Pennsylvania contains eignt hun- dred thousand white mhaUtants, and only twenty- six thousand blacks, of course the crimes and vices of the blacks in those States are, conmaratively, twenty times greater than those of the whites in the same States, and clearly proves that a state of freedom is one of the greatest curses you can in- flict on them.

From the opinions expressed respecting the Southern States and the slaves thae, it appean to me most clear, that the members on the opposite

1325

HISTORT OF CONGBBSS.

1326

FBBKI7AAT, 1890.

jidwdtiian of Miioonvi,

H. »v R.

Side feaow nothiBg of the SooiiMm States, tlieir lands, nrodiiets, or slaves. Those who visit us. or go to the scmthwaid, find so great a difference that many of them remain and settk there. I pcr- leetiy lecoUeet that when, in 1791, Gieneral Wash- ington visited South Caroliaa, he was so surprised at the richness, order, and soil of our country, that he ez|NPessed his great astonishment at the state of acncultural improvement and excellence our tide-lands exhibited. He said, he had no idea the United States posseswd it. Had I then seen as much of Burope as I have since, I would have re- plied to him, that he wonld not see its equal in E&urope. Sir, when we recollect that our former parent State was the original cause of introducing slavery into America, and that neither ourselves or ancestors are chaigeable with it ; that it cannot be ffot rid of without ruining the country, cer- tainly the present mild treatment of our slaves is moat honorable to that part of the country where slavery exists. Every slave has a comfortable house^ is well fed, clothed, and taken care of; he hats his iamilv about him, and in sickness has the same medical aid as his master, and has a sure and conafortable retreat in old ace, to protect him against its infirmities and weakness. During the whole of his life he is free from care, that canker of the human heart, which destroys at least one- half of the thinking part of mankind, and from which a favored few, very few, if indeed any, can be said to be free. Being without education, and bom to obey, to persons of that de^ription mod- erate labor and discipline are essential, ^he dis- cipline ought to be mild, but still, while slavery is to exist, there must be discipline. In this state they are happier than they can possibly be if free. A free black can only be happy where he has some share of education, and has been bred to a trade, or some kind of business. The great body of slaves are happier in their present situation than they could be in any other, and the man or men who woald attempt to give them freedom, would be their greatest enemies.

All the writers who contend that the slaves in- crease faster than the free tracks, if they assert what is true, prove that the black, when in the condition of a slave, is happier than when free, as, in proportion to the comfort and happiness of any kind of people, such will be the increase; and the next census will show what has been the increase of both descriptions, free and slave, and will, I think, prove tro trutn of these opinions.

In this discussion the question as to the purchase of Lottisiana has been introduced, and gives me an opportunity to state my opinion on the subject. So far as my knowledge of the faots^ pieoeainr that purchase, enable me to form an opinion, I pronouttoe that Mr. Jefierson, in planning the pur- chase^ and tiie gentieraen who were enmloyea in negotiating it, covered themselves with giory. The ^ts that preceded that purchase were these : In the year 1786, Spain despatched a Minister, named Gardoqui, to this country, instructed to offer to form with us a treaty of commerce^ which she said was an advantageous one, if we would, in the same treaty, consent to give up the navigation of that

part of the river Missisnppi which ran through the Spanish dominions. This, sir, I asserted on this fioor some days ago^ and now repeat, that, on this treaty being, according to the then routine of bu- siness, referred to Mr. Jay, then Secretary for For- eign Affiiirs, he did, to the best of my recollection, report that it would, in his opinion, he expedient to adopt it $ that seven, all of the Bastern and North- ern States, did vote for it, but that, owinff to te Confederation requiring that nine States should be necessary to form a treaty, it was at length defeated. If atky part of the public business in this country, in which I have been engaged, ever gave me move pleasure than others, it was tne agency I had in association with an honorable gentieman, now high in office, and in Washington, in preventing it. I believe I may venture to say, that it was owing to us the whole of the Western country now belongs to us, and that the Mississippi now flows through American lands, and that the American flag now waves alone on her waters. I, therefore, have always felt more than a fraternal — 1 have felt, sir, a paternal love for this country. Nor, sir, is diis the onl3r important agency I have had in the affiurs of this very valuaue part of our Union. It will be remembered that, in the year 1802, ^ke Intendant of New Orleans issued a proclamation* shutting that port to the further reception aao deposite of American produce, under the treaty of 1796, and that, on his doing so, a ferment was excited throughout the Union, of the most alarming nature ; that war was called for, both in the Senate and out of doors, which it was difficult for all the prudence and love of peace of the President to re- press. Being, at that time, the Minister of the United States in Spain, I received instructions from our Government to use every exertion in my power, consistent with its dignity, to get the deposite re- stored, which I fortunately did, and this sdSkb led to the acquisition of both the river and whole country in the maimer you know. At the time I went to Europe, I was alone commissioned and authorized to treat for, and purchase, all the part of Louisiana, including New Orleans, to the east of the Mississippi and the Floridas^ but, on arriving in Europe, I found Louisiana had been previomty secretly sold to Bonaparte, of which I informed Mr. Jefierson, and he took the measures which ac- complished the purchase.

In pursuing the arguments of some gentlemen, on this subject, I have omitted to notice one of their arguments, springing from that part of the third section of the fourth article, which says, ''the Congress shall have the power to make all needfbl rales and regulations respecting the territory, or other propaty, belonging to the United States," because this article certainly refers only to the territorial state, to which I have already referred, and in which, I do not hesitate to aver, that, in mak- ing such regulations for the government of the ter- ritory, they areno more authwized to inhibit slavery in the territory, than they are in the State—for, if they should have the power, it would indirectly eflfect the same thing ; it not oeins difficult to see, that, when a territory has been, like Missouri, for sixteen years in a strict state of territorial disctp-

18t27

HISTORY OF CONGRESS.

1328

H. OF R.

Admission of MtMniri,

FfiBfiUART, 18d0.

line, prohibiting slavery, when the period arrives for her admission as a State, she will be peopled 'entirely by inhabitants not having slaves, and who will, of course, insert the prohibition in their con- stitution.

It oQght to be remembered, Mr. Chairman, that the greatest part of the debt due for Louisiana is ^till unpaid, and that, if the mode I have asserted, by which your Treasury is no^V* furnished, and must be in future, is true, then the slaveholding States will have more than half of the purchase to pay y but, suppose we have only one-half of it to pay, is it not tair, is it not just, that the use of this pur- chase should be as open to the inhabitants of the slaveholding, as to the inhabitants of the non- slaveholdinff States ? And how can this happen, if you say to the inhabitants of the Northern States, you may go there with your families, and all your properties ; but, if you, from the Soutnern or slave- holding States, choose to go there, it must be with- out your slaves, these shadl not go ? thus denying to these the instruments of their agriculture, and the means of their comfort and completely pre- venting the possibility of their removing. From this, sir, will arise another evil, that of Sie fall of the value of all the lands the United States may have to sell in the Territories or States from whicn slavery is excluded, at least one-half, which, if the computations of tne number of acres come any thing near the mark, must amount to at least six huncffeds of millions of dollars lost to the common Treasury.

I have not condescended to notice the remark, that one of the evils of slavery is, the lessening and depreciating the character of the whites in the slaveholding States, and rendering it less manly and republican, and less worthy, than in the non- slaveholding States, because it is not less decorous than true; it is refuted in a moment by a review of the Revolutionary, and particularly the last war. Look into your histories, compare the conduct of the heroes and statesmen of the North and South, in both those wars, in the field, and in the Senate ; see the monuinents of valor, of wisdom, and pa- triotism, thev have left behind them, and then ask an impartial world, on which side the Delaware lies the preponderance : they will answer in a mo- ment, to the South.

It will not be a matter of surprise to any one, that so much anxiety should be shown by the slave- holding States, when it is known that the alarm, ffiven by this attempt to legislate on slavery, has led to the opinion, that the very foundations of that kind of property are shaken ; that the estab- lishment of the precedent is a measure of the most alarming nature; for,should succeeding Congresses continue to push it, there is no knowing to what lengUi it mav be carried.

Save the Northern States any idea of the value of our slaves? At least, sir, six hundred millions of dollars. If we lose them, the value of the lands they cultivate will be diminished in all cases one half, and, in many, they will become wholly useless, and an annual income of at least forty millions of dollars will be lost to your citizens ; the loss of which will not alone be fek by the Aon-

slaveholding States, but by the whole Union ; for, to whom, at present, do tne Eastern States, most particularly, and the Eastern and Northern, gen- erally, look for the employment of their shipping, in transporting our bulky and valuable products, and bringing us the manufactures and merchan- dises of Kurope? Another thing, in case of these losses being brought on us, and our being forced into a division of the Union, what becomes of your public debt ? Who are to pay this, and how wijl it be paid ? In a pecuniary view of this sub- ject, therefore, it must ever be the policy of the Eastern and Northern States to continue con- nected with us. But, sir, there is an infinitely greater call upon them, and this is the call of just- ice, of affection, and humanity. Reposing at a great distance, in safety, in the full enjoyment of all their Federal and State rights, unattacked in either, or in their individual rights, can they, with indifierence, or ought they to risk, in the remotest degree, the consequences which this measure may produce. These may be the division of this Union, and a civil war. Knowing that whatever is said here, must get into the puuic prints, I am unwil- ling, for obvious reasons, to go into the description of the horrors which such a war must produce, and ardentlv pray that none of us may ever live to witness sucn an event.

If you refuse to admit Missouri without this prohibition, and she refuses it, and proceeds to form a constitution for herself, and tnen applies to you for admission, what will you do ? Will you compel them by force ? By whom, or by what force can this be effected ? Will the States in her neighborhood join in this crusade ? Will they, who, to a man, think Missouri is ri^ht, and you are wrong, arm in such a cause ? Can you send a force from the eastward of the Ddaware ? The very distance forbids it ; and distance is a powerful auxiliary to a country attacked. If, in the days of James II., English soldiers, under mUx- XSliy discipline, when ordered to march against their countrymen, contending in the cause of lib- erty, disobeyed the order, and laid down tbeir arms, do vou think our free brethren on the Mississippi will not do the same? Yes. sir, they will refuse, and you will at last be obliged to retreat from this measure, and in a manner that will not add much to the dignity of your Government.

I cannot, on any ground, think of agreeing to a comi^omise on this subject. However we all may wish to see Missouri admitted, as she ought, on equal terms with the other States, this is a very unimportant object to her, compared with keeping the Constitution inviolate — ^with keeping the hands of Congress from touching the question of slavery. On the subject of the Constitution, no compromise ought ever to be made. Neither can any be made on the national faith, so seriously involved in the treaty which gives to all Louisiana, to every part of it. a right to be incorporated into the Union on equal terms with the other States.

Surely, sir, when we consider the public dis- tress of this country, and the necessity of union and good humor to repair our finances, and place our commerce in that improved situation which

1329

HISTORY OF CONGttESS.

}dso

Februaav, 1830.

Frocudings,

H. OF a.

will give us some hope of the rise of oqr prodaots, such as may hare a tendency to relieve our public and private embarrassments, if we had no other motives for it, certainly this should be sufficient. But, sir, there is one of infinitely higher moment. Do we recollect, that we are the <nily free Repub- lic now in existence, and that, jMrobably, such ex- istence can only dejpend upon our distance from EiUrope, and our union with our present numbers ? It may safely be calculated we have two millions of men, the greatest part of whom are able to bear arms.

In case of our continuing an united people, no attack from Europe, a distance of four thousand miles, could ever be made with the least hope of success. From the distance, ail Europe could not furnish either the men or means sufficient to divide or destroy this Union. If we continue united, as we have been, in such an event, the States would so second the General Government) and so nerve its arm, as to put all attack at de&ince. But, if on this, or any other occasion, this Union should unhappilv divide, and from friends become bitter and implacable enemies to each other, who shall say what Europe may attanpt ? Mark what they have done amonff themselves, to subjugate France, and destrov, in that part of tne world, every thing that has the semblance of republicanism. View the league they have formed, in which, for the first time, all Europe is seen united as a single Govern- ment, to maintain their monarchical forms. Such is no doubt, their detestation of every thing like republicanism, that, were the United States in Europe, where they could be reached by land, I have not the smallest doubt, they would long since have been attadied, and every attempt made to reduce them to a monarchy. We are considered, sir^ as an evil example to the monarchical world. We are considered as the only repository of those pinciples which have lately appeared and flour- ished for a time in Europe; and which it has cost them so much blood and treasure to suppress, and should our divisions, from friends to enemies, ever afford them an opportunity of striking at us, with the least probability of success, no douht they will do so.

I wUl not tres|»ss farther on your patience, but thank the Committee for the honor they have done me, by their attention. I hope the great import- ance of the subject will be my excuse ; and that, considering the relation in which I have stood to the Western country and the Mississippi, for the salvation of which, so far as means the keeping it annexed to this Union, as I have already said, I think I may claim to a gentlonan, now high in office, and myself, as much as any other two can claim, the happiness of being the instruments, and having thus, m the early part of my life, labored with success for the parent, I cannot but think it a little extraordinary, that I should, at this distant period, be called upon to defend tne right of her children. My fervent wish is, that I may be able to do it with the same success.

When Mr. Pingknby concluded —

The Committee rose, reported progress, and the House adjourned.

Tuesday, February 15.

Mr. Newton, from the Committee of Commerce, reported a bill to impose a new tonnage duty on French ships, or vessels ; which was read twice, and committed to a Committee of the Whole on Mondav next.

Mr. Newton, from the same committee, also reported a bill concerning navigation, and to repeal the act entitled " An act concerning navigation," passed on the 18th of April, 1818 ; which was read twice, and committed to a Committee of the Whole on Monday next.

On motion of Mr. Pindall, the letter from the Secretary of State of the 7th February, 1820, trans- mitting a list of the newspapers in which the laws of the United States are published, and an estimate of the expense of such publication, was reierred to a select committee ; and that the same committee inquire into the expediency of repealing or amend- ing the acts requirmg the publication of the laws in the newspapers ; and Mr. Pindall, Mr. Foot, and Mr. Mercer, were appointed the said com- mittee.

[This motion of Mr. P. was grounded on the be- lief that the expenses of promulgating the acts of Congress in newspapers had increased to an un- reasonable and improper extent, and that the laws on the subject required repeal or modification, so as to reduce this expense.]

On motion of Mr. Walker, of North Carolina, the Committee on the Public Lands were instructea to inquire into the expediency of limiting the qucun- tity of public lands hereafter to be exposed to sale at the several land offices of the United States.

Mr. Walker said he had heard great complaints against the present mode of exposing to sale the public lands ; that the present system opened a door for speculation, and that great speculations had been actually made in the purchase of public lands. He believed that the greatest ddect m the system was, that there was too much land brought into market; which afforded an opportunity to purchasers to make large speculations in the pur- chase : the object of the resolution was to limit the quantity offered for sale^ to prevent further abuses, and to prevent too great an extension to purchasers. He was not friendly to an alteration of the price or manner of sale or the present land law, but be- lieved that a limitation of the quantity would answer every purpose which was contemplated by the de- sire to alter the present law.

An engrossed Dill entitled "An act to continue in force for a further time, the act entitled "An act for establishing trading-houses with the Indian tribes," was read Uie third time and pasted.

The Spbakeb laid before the House a report from the Commissioners of Navy Hospitals, ren- dered in obedience to the resolution of this House of the 31st ult., showing the receipt and expendi- ture of the moneys accruing to the Navy Hospital fund : which report was ordered to lie on the table.

The Speaker also laid before the House a re- port from the Secretary of the Treasury, rendered m obedience to the r&wlution of this House of the 4th instant, requiring him " to report such measures as, in his opinion, may he expedient to enforce the

1S81

HISTORY OF CONGRESS.

1332

H. OP R.

WetUm Roads,

Fkolvamw, IdSCK

more speedy payment of public moneys due from iadiTidoals ana corporate bodies, to tbe United States;" which was also ordered to lie on the table.

WESTERN ROADS.

Mr. Cook submitted the following resolution for consideration :

Resoloed, That the Committee of Ways and Means be instructed to inquire into the expediency of repeal- ing so mnch of the first section of an act entitled "An act making appropriations for the support of Govern- ment for the year 1819/' approved March 3, 1819, as pledges the fond reserved for lading out and making roads to the States of Indiana and lUinois, for the re- payment of the moneys appropriated and advanced by the United States, for conitr acting the United States road from Cumberland to the Ohio river, and of ap- propriating the same to defray the expenses of laying oat and making a road from the Ohio river opposite to Wheeling, by Columbus, in the State of Ohio, and by the permanent seat of government o( Indiania, on the most eligible route, to Vend alia, in the State of Illinois.

In ofiering this resolution to the consideration of the House, Mr. Cook begged leave to ask its attention to the act there referred to. By that act the fund reserved for the improvement of roads leadinff to the States of Indiana and Illinois, had - been pledged to the repayment of the money ap- propriated by Congress for the completion of the Cumberland road. This road was commenced, Mr. C. believed, ten or twelve years ago. By the acts of 1816 and 1818 authorizing the admission of Indiana and Illinois, respectively, two per cent, on the net proceeds arising from the sale of the public lands in those States was reserved by Con- gress to the laying out and making of roads leading to those States, respectively ; and in consideration of this appropriation maue by Congress, with others, which were understood on all hands to be for the benefit of those States, respectively, the States surrendered a part of their sovereignty: they agreed that the lands of the United States, then remaining to be sold, should be free from tax- ation for five years after the day of sale ; and in Illinois the bountv lands given to the soldiers of the late army, were also to be exempted from taxation for three years from the date of their patents. This surrender of the sovereign ri^t of Illinois to tax the lands thus exempted, was, Mr. C. said, the consideration given for the road-fund now under consideration, as well as some other advantages which were granted to her, and for which she is grateful to the Gk)vemment. This, with the other propositions made by Congress, were now matters of compact between Illinois anu the United States; and to divert this fund from the channel in which Mr. C. could not but think it was intended to flow, Illinois would consider a violation of that compact. To appropriate that fund to the making of a road' terminating at Wheeling, a point several hundred miles from the border of the State, never could be an apprcmriation in unison with the in- tention either of Congress or of the State of Illi- nok. As well, Mr. C. said, mi^ht you a ppropriate it to the making of a road leading from Santa Fe

to Mtssouci, uniting those two sovereignties^ as lo the object for which it stands plcd^ ; for tkis would be a road leading towards lUmms. From an examination of the subiect, Mr. C. said he fband that the revenue which Illinois would derive from a tax on the lands which may be sold within the State, and on the bounty land, wiiieh ahe cannot now derive, in consequence of this compact, 'wroiild, at a reasonable rate, amount to about two handred and eighty thousand dollars, a large proportion of which would now be subject to be called into her coffers, and of which she really stood in great need. Could it be contended, Mr. C. asked^ thai this fund, which was reserved to Indiana an^ Illinois, respectively^ to make roads leading tc them, in the one case about ten and the odier twelve years after the Cumbei^nd rodd was gob- meneed, was at that time intended, o^ understood, either by those States or by the United States, to be subject to defray the expenses of that road ? h could not be possible. It seemed, Mr. C. said, much more likely to have been reserved for the

Eurposes contemplated by the resolution which he ad ofifered, to extend that road to the borders of those States, respectively; and unless it was so appropriated, or at least in making roads leading to, and not townrda them, he did not think they would have ju^ cause of complaint against the Qovernment. Since the admission of those States Mr. C. believed a fund of about 950,000 had al- ready accrued from the sale of lands, which should be now lying in the National Treasury. This sum, although it would not complete the road, would defray the expense of marking and laying it out, and go far towards opening it, so as to render it passaiole ; and as the fund continued to increase, It might be employed to complete it. Indeed, said Mr. C, it seems to me to be so obvious that the intention of Congress was, that this money should be appropriated to the improvement of roads, to facilitate the entrance to those States, that reason- ing cannot make it plainer ; and any diversion of it to any other object, therefore, is a violation of the compact between those States and the United States. He trusted that the resolution would be considered and adopted.

The resolution was then considered and adopt- ed, without a division.

Mr. Cook offered also the following resolution for consideration :

Besohed, That the Committee on the Public Lands be instructed to inquire into the expediency of pro- viding by kw for the payment of so much of the money arising from ths sale of the public lands in Ike State of Ultnois, since the first day of January, 1819, as has been reserved by law for the encoanigemant of learning, to said State.

Mr. C. observed that the object of this resolutioi was, simply to enaUe the State of Illinois to ob- tain the three per cent, iiind arising from the sale of public lands which bad been reserved by Con- gress to be appropriated by the State to the en* couragement of learning. This course, he said, had been considered necessary, since the Secretary of the Treasury might not otherwise feel authori- zed to pay it over. This, Mr. C. said, was the

1SS3

mSTOBT OF CONGRBSS.

1334

FSBKUAAV, IMO.

Admiukn of Mis§(mH.

xl* ov bL.

coume taken by^ indiaiia to obtain ber txmd fund, reserTed in the aiine way.

This resolution was also adopted without a division.

THE MIdeOURI BIU..

TheHoise then again reuolred itself into a CO01- mittee of the Whole, on this bill.

Mr. Rankin, of Mississippi, took the floor, and spoke more than an hour against the restriction.

Mr. R., observed, that Creon, King of Thebes, had been represented by Euripides, to have sent a herahl to Athens, who inquired for the King of Athens. Theseus replied, ^'You seek him in vain ; this is a free city,- and the sovereign power is ifi all the people." la our Gk)vemment. all ad- nut the sovereignty of the people ; but^ if tne aif^u- ments of gentlemen who advoeate this restriction be conect. Congress possesses absolute sovereignty, mud the people are their servants. It is urged that, although Congress has no express delegation of power in the Constitution, yet Congress may, by virtue of its sovereign power, impose any condi- tions on the admission of Missouri into the Union. There is 00 sovereignty in Congress, known to the Constitution, excent such as is expressly delegated; the limits of wfaicn are clearly marked and defined by that instrument. Even State governments, >vhich derive their powers immediately from the people, are but a portion of natural liberty or abso- 1 ute sovereignty, delegated to rulers, to be exercised for the common wdfare. The Federal Grovem- ment, emanating from the States^ and wielding an authority regulating and protectmg the commu- nity of States, is one degree farther removed from the source of power. In such a Government we are not required, as g[entlemen have contended, to search the Constitution for prohibitions, but we search for what is delegated. The silence of the Constitution is our law — a mandate as prohibitory to our exercise of legislation, as the voice of the Almighty to the waves of ocean. Its language is, '' Thus far shall ^ou go, and no farther." Depart from these principles, and you tread on dangerous grounds. Imagine you possess an undefined, an- fimited sovereignty, not delegated, but rating on your capcioious will, superior to all ccostitution and laws, and you sap the foimdation of your lib- erty ', sooner or later ^ou are buried in the ruins of the superstructure. Despotism is equally danger- ous, odious, and oppressive, whether exereis^d by an individual or the National Legislature. Des- potism is but the arbitrary exercise of powers lim- ited, defined, and bounded by no law but the sov- ereign will of the despot.

Without resorting, to general principles and rea- soning, the language or the Constitution itself is sufficiently explicit as to what we may do consti- tutionally. Tne first article declares, that all pow- ers therem ^ granted are vested in the Congress of the United States." We have, then, to inquire, is the power to impose this restriction '^granted" by the Constitution 1 If there be any doubt on that subject, prudence, at least, fcvbids us to proceed farther. The 9th and 10th articles of the amend- ments deelare, " that the enumeration in the Con-

^ stitntion of certain rights shall not be construed ' lo deny or disparage others retained by the peo- ' pie j" and " that the powers not delegated to the ' United States by the Constitution, nor prohibited ^ by it to the States, are reserved to the States, re- ^ spectively, or to the people." I have been par- ticular in making these preliminary remarks, be- cause gentlemen who have occupied a distinguish- ed ground in favor of the restriction appear to rely moch on the sovereignty of Congress. It is neces- sary that a thing so powerful in its operations shcniid be clearly understood.

Regarding the principles already laid down, let us piroceed to examine the diliferent clauses and sections of the Constitution which are sui^xwed to enabk us constitutionally to impose this restriction on Missouri. In pursuing the course which I had originally designed for myself, (said Mr. R.,) I must necessarily tread on some of the grounds oc- cupied by the gentlemen who have preceded me in the debate. This is a misfortune arising from the necessity which has compelled me to delay mv argument until this period, luit would not jus- tify presenting it to the Committee mutiUted and imporfect.

By the 9th section of the first article of the Con- stitution it is dedared, ^ the migration or importa- *• tion of such persons as any of the States now < ejiaimf shall think proper to admit, shall not be ^ prohibited by Congress prior to the year 1808," dMi. Does this delate any power to Ccmgress to prohibit the importation of slaves, even atter the year 1608 ? A gentleman from Pennsylvania (Mr. Sbhoeant) says, that a prohibition 01 the ezemise of a power necessarily implies that there is a power to be restricted. This conclusion is by no means necessary. It may proceed from abundant cau- tion, in order to avoid the doctrine of implied powersj which have been so much used in this discussion. But even this restriction, which might, at the time the artkde was prenared, have apipeared necessary, in order to reconcile the contrariety of oDtnions that then existed, and quiet the jealonsies oitfae S'tales, beeameumiecessary when theamend- mente were subsequently adopted, confining the exercise of the powers of Confess to what was expressly delemted. Many enlightened stateanen viewed the Federal Qovemment as a monslsr crouching over the State sovereignties, alreaii^ possessed of powers^ which at some future day it would exert, sufficient to annihilate them, and therefore imposed checks and barriers where none were necessary. This is mentioned, not with a view of disturlnng antecedent legislation, but to show that, in the united zeal of the North and 3ottth to termuiate the slave trade, thev have ex- ercised a power at least questionable. But, if ques- tionable in relation to that which implication fa- vors, how mnch more so in regard to this new, undefined, unlimited assumption of sovereignty ?

In the con^ruction of this section, said Mx. R*, we should adopt the rules dictated by common sense, applicable to such subjects. Construe it either literally or according to tne spirit and mean- ing. Goitlemen in favor of this restriction may adopt either, or both, as will best suit their pur-

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Admstion of Miswwri,

FfiBRUARir, 1820.

pose. Geotlemen, not satisfied with this, ask us to admit that the word " persons" means negroes or slaves, which meaning they derive from the spirit and meaning of the section, and adopt a lit- eral sense for the word " migration," which is said to mean a transition from one State into another, although you may not travel a mile in the pas- sage. Heretofore, when any man was asked what is the meaning of this section, he immediately re- plied, '^ to enable Congress to prohibit the slave trade after the year 1808." But, sir. to what con- clusion do we arrive in construing tnis section lit- erally? The word "persons" is a generic term, embracing every description of human beings, no matter of what complexion, while the words " mi- gration and importation" are of equally extensive signification ; tne former including such persons as have volition, and can migrate; and the latter, such as have no volition, but are imported or car- ried along by the will of the master. This signi- fication to the word migration, appears to comport with its original, or, what a gentleman from Del- aware (Mr. McLane) was pleased to call its tech- nical use, being applied to the passage of birds from one region into another, changing their cli- mate at pleasure, free as the air they skim in the transition. It has been subsequently used to sig- nify a voluntary change of country by individuals and families, but never to signify an involuntary removal.

If this word " migration" must have a meaning unconnected with, and different from, ^* importa- tion," why not use it, as many contend it was ori- ^nally designed by the Convention, to enable Congress to prohibit the influx or migration of foreigners to our country, after a limitcxl period ? Thb word " migration" was, therefore, either in- tended to apply to emigration from Europe, or, what appears equally probable, was intenaed, in connexion with the word " persons," to disffuise this anti-republican feature inourrepuMicanUon- stitution. For why should the Convention con- ceed the words " negroes or slaves," under the word " persons," and, in tne same sentence, speak of the ^ importation" of " persons" as they would of a bale of merchandise? The words "shall think proper to admit," point strongly to an admission from abroad, and not to a mere change of residence within the United States.

Some regard, as gentlemen in opposition to the principles I advocate have very justly contended, ought to be paid to a long^continued exposition of this section, by legislation in relation to its pro- visions. The authorities produced by the friends of restriction, to show the respect which tribunals of justice pay to this principle, will be applied by them while we trace the course of legislation adopted by Conj^ress in relation to this subject. Upwards of thirty years have elapsed since the adoption of the ConstitutioUj during which period Congress have, with a vigilance that never re- posed, directed their efibrts to the aboliti<m of the slave trade, without even suspecting they pos- sessed the power now attempted to be assumed — a power to prevent an American citizen from changing his residence, and carrying with him his

slave to any section of the Union where slav'eryii not prohibited. How easily mu^ht every prece^ ding Congress have exercised their " humanity^ in preventing an " extension of the evils of sk- very" to the States of Kentucky, Tennessee, Lou- isiana, Mississippi, and Alabama! Bat the wis- dom of 1819 was alone competent to this arduoiis task; this discovery of "negatives pr^piant" asc latent and dormant powers.

In 1794 Congress prohibited " residents" in, or " citizens" of, tne United States, from fitting ovx vessels for the slave trade, and, in 1800, from bar- ing an interest in vessels fitted out for that pur- pose. The act of 1803 prohibited the imf»ortatioe of slaves into States where slavery was prohibited by law, and that of 1807, passed in anticipation d the period fixed in the Constitution, was intended forever to terminate that traffic to the United States. From that period until the last session d Congress it was believed by all sides that w^hai- ever power was delegated by this section had been expended in legislation.

What construction was given this article by contemporaneous expositions ? In that most abk commentary on the Constitution of the United States, called the Federalist, which is known to be the joint production of Mr. Madison, General Hamilton, and " that sreat civilian, Mr. Jay," we have a construction wnich will be found in Na 42 of that work. Add to this an authority, whic^ firentlemen in favor of this restriction will certainly be disposed to respect, the opinion of the Massa- chusetts Convention, when m debate on the Con- stitution of the United States. They say that, by the old Articles of Confederation, the Greneral Government had no power to prevent the impor- tation of slaves into tne States, and rejoice that a period is fixed when Congress may interpose its authority, and forever terminate this traffic.

The meaning of this section we have from a very distinguished man, who was a member of the General Convention that formed the Constitution of the United States. There was a time when the brilliancy of this man's mind illumined the path of reason and penetrated the labyrinths of art and science ; yesterday he was within these walls, but no longer what he was ; he stands the melancholy wreck of intellectual greatness, teaching humilia- tion to human pride, and showing how low man can be depressed when enervating disease palsiei his frame, and the hand of the Almighty presses upon him. I refer to Luther Martin, of Maryland. When called upon by the Le^slature of his State to declare his objections to the Constitution, pre- viously to its adoption, in a written communica- tion to that body, he declares :

" Bv the ninth section of this article, the imports- tion of such persons as any of the States now existinf shall think proper to admit, shall not be prohibited, prior to the year 1808, but a duty may be imposed on sach importation."

« The design of this clause is to prevent the Gene- ral Government from prohibiting the importation of slaves ; that the same reasons which cansed them to strike oat the word * national/ and not admit the woid < atamps,' infloenced them here to guard against the

1337

HISTORY OF CONGRESS.

1388

February, 16d0.

Ad/mirnkm of Mmtmri,

H. opR.

word slaves ; they •nxioasly soaglit to AToid the ad* mission of expressions which might be odious in the ears of Anerioans, althongh they were willing to ad- mit into their system those things which the expres- sion signified ; and hence it is, that the clause is so worded as to authorize the General Government to impose a duty of ten dollars on every foreigner who comes into a State to become a citizen, whether he comes absolutely (te^t or qualified so as a servant; al- though this is contrary to the design of the framers, and the duty was only meant to extend to the impor- tation of slaves." P. 65.

After obserring that the committee of detail had reported this clause, without limitation as to the- time of importation, which proyision the Conven- tion rejected, he says: '^they Were informed by ' the delef;ate8 from South Carolina and Georgia

* that their States never would agree to any sys- ' tern which put it in the power of the General

* Government to prevent the importation of slaves, ' and that they, as delegates from those States, must

* withhold their assent from such system." A committee, composed of one member from each State, was chosen, to whom this subject, together with that part of the report of the committee of detail which declared ^^that no navigation act shall be passed, without the assent of two-thirds of the members present in each House." was referred. " This committee," says he, ^^ of which also I had ^ the honor to be a member, met, and took into

* their consideration the subjects committed to ^ them; I found the Bastern States, notwithstand-

* in£r their aversion to slavery, very willing to in-

* diuge the Southern States, at least with a tern-

* porary liberty to prosecute the slave trade,

* provided the Southern States would, in their turn,

* gratify them by laying no restriction on the nav- ' igation acts ; and after a very little time the com-

* mittee, by a great majority, agreed on a report,

* by which the General Government was to be ' prohibited from preventing the importation of

* slaves, for a limited time, and the restrictive

* clause relative to navigation acts was to be ' omitted."

He adds, in page 58, " You will perceive, sir,

* not only that the General Gh>vernment is pro-

* hibited from interfering in the slave trade, b^MMre

* the year 1808, but there is no provision in the

* Constitution that it shall afterwards be prohib-

* ited, nor any security that such prohibition will

* ever take place."

This statement is not made from frail memory, after time had almost effaced the recollection of scenes long transpired, but is history itself, record- ing events while transacting.

By the second clause of the third section and fourth article of the Constitution, " Congress shall

* have power to dispose of and make ul needful ' rules and regulations respecting the territory or

* other property belonging to the United States;

* and nothing in this Constitution shall be so con-

* stnied as to prejudice any claims of the United ' States, or of any particular State." The power here delegated mav have full scope in regulating the settlement autnorizing a temporary legislation, and disposing of the public lands, without attempt-

ing to seize or legislate away private property. The words << other propertyr," in this clause, strong- ly intimate that construction. But, said he, Mr. Chairman, I am not disposed to pursue a course of reasoning that may appear too refined. Con- gress can make all ^ needml rules and regulations" respecting their "territory." Needful does not mean mere expediency, but something really ne- cessary to be done. The most that the advocates of this restriction can say is, that, in their opinion, it is expedient. Again, sir, is this a rule and reg- ulation respecting your territory ? As much so as the constitution of Missouri, when formed for the State, will be a constitution for the Territory of Missouri. When your paternal government has expired, and Missouri is no longer a Territory, she enjoys this legacy. Make her whole constitution, and call this leg^lation for your territory ; for if you can make one article, you can, with eqnal justice, make the constitution, and entirely dis- pense with the voice of the people.

By the first clause of the fourth article and sec- ond section of the Constitution, " Congress shall guaranty to every State in the Union a republi- can form of government" The power to impose this restriction is derived, by some gentlemen, irom this section, because, say they, no constitution can be republican in which slavery is not prohibited. The word " guaranty" neither gives the power of imposing conditions, nor does it mean to form, or assist in the formation of a government ; but pre- supposes the existence of a State government to be guarantied. This provision was intended to pro- tect, fa^ the strength of the Union, the State sove- reignties, in case foreign influence or internal commotions should render the States incapable of supporting, separately, their republican institu- tions. In this opinion I am supported by the terms used, and by the excellent commentary previously- referred to m this argument. This article cannot, then, confer the power contended for by the friends of the amendment. But, at all events, the Con- vention could not have intended that the constitu- tions of new States should be more republican than the Constitution of the United States and the con- stitutions of tbe original States, in which slavery luid been recognised, and the right to that species of property guarantied.

The first clause of the third section and fourth article of the Constitution declares, "New States may be admitted by Congress into the Union." This is really the only clause in the Constitution which dele^tes any power to Congress in relation to the admission or Missouri. The other grounds hare been noticed, because they had been relied on by gentlemen in tavor of restriction ; " may" ex- presses a discretionary power — a power to admit, and a power to refuse admission, but nothing more. I have (said Mr. R.) heard this called an universal proposition, which, according to the reasoning of gentlemen, means, that if you are authorized to do a specific act, you may, by virtue of that authority, do any thing else you please in relation to the sud- ject for which that act is to be performed. Gen- tlemen would argue, if you may admit a man into your house, you may compel him to enter the

1339

HISTORY OF OONaRBSS.

1S40

H. apR.

AdnuuHbn of Mis90un,

FB9IIDABT, 18S0.

-mndow, or eome down the chimDey ; or you may impose any coDditions on him when he enters — soch as bmding him neck and heels, rifling his pockets, or cutting his throat. It has been said that many things are necessarily implied, when not expressed in the Constitution, being necessair to cariry the original powers into effect ; this is ao- mitted, but not to the extent for which gentlemen contend. We do not admit that this restriction is at all necessary to carry the power of admission into effect. The power of admitting renders the power of passing a law for the admission, and ex- tending the benefits of the Union to the State, when admitted, necessary ; but does not confer on Congress the power to frame a constitution for, »nd strip the people of their sovereiffnty.

This restriction has also been caUed a compact. Yes, sir, the same kind of a compact a victorious anny makes with a place whose defenders, worn out by fiitigue and famine, are compelled to ac- cept tne terms dictaled by power ; the same kind of a compact the Romans made with the saTa|re fiBennns, when he east his sword into the scale tbst increased her ransom. You say to the peo- ple of Missouri, on this condition yon shall be ad- mitted into the Union, and, instead of asking them to make an agreement with y^u, allowing them the pririiejfe of accepting or rejecting it, the agree- onent IS made by yoo, and presented to them to execute. The- condition of their refusal is a per- petual state of colonial vassalage; this you call an agreement — a compact ! Why, sir, in order to make a valid compact, reason, as well as law, de- clares, that there must be parties able to contract, and willing to contract ; aole to accept and reject the terms proposed. Is Missouri willing to enter into this compact with you ? She protests against your usurpation — ^not naving the equal power to resist, she can only protest. The General Qoy- ernment may enter into a compact binding upon the nation when acting within the scope of the aatharity d^egated by the Constitution ; but they have no more power to seize on the rights of the freemen of Missouri, and then require of them, as a peace-offering, a portion of those rights, than I have to enter ^e house of my nei^bor, to which I have no color of claim, and require of him, as a condition for myieaving him in the peaceable pos- session of his property, the use of one of his apart- ments forever. Cannot Missouri enter into a com- pact? Yes, says the gentleman from Pennsylva- Biia, (Mr. Sbrgbant,) States have made, and are ca|MLble-of making, contracts. Did not Virginia, says he, make a compact with the United States, &«., in ceding the Northwestern Territory ? Let me ask the gentleman, Mr. Chairman, what was Virginia when she made this 'compact — a Terri- tory, or a free independent State ; her constitution formed, and capable of rejecting unjust requisi- tions 1 Is that the condition or Missouri ? No, sir : terms are prescribed which they are unwilling to accept, and which they have no State capacity either to receive or reject. By the gentleman's reasoning, a sovereign, independent State can make a compact, therefore the Territory of Missouri can do so; a man can make a binding agreement,

therefore a child can enter into a valid obligation. Again, sir, it has been said that the people of Mis- souri are receiving a consideration for this *^ sur- render of a portion of their municipal rights" — their admission into the Union. Why, sir, to this they are entitled already, by the treaty of 1803, entered into with the Government of France, by which Louisiana was ceded to the United States, and by which it is stipulated, that " the inhabitants * of tne ceded territory shall be incorporated into ^ the union of the United States, and admitted, as ^ soon as possible, according to the principles of ' the Federal Constitution, to the enjoyment of all ^ the rights, advantages, and immunities, of citi- < zens of the United States ; and in the meantime ' they shall be maintained and protected in the ^ free enjoyment of their liberty, property, and the ' religion which they profess."

The price of their admission into the Union is already paid, and, if you regard the treaty, they must be admitted. Tour ^ may" in the Consti- tution is converted into ''shall" in the treaty. You have bought a tract of land, and paid the consideration stipulated in the deed solemnly exe- cuted, yet the vender refuses to ^ive you posses- sion without you pay him an additional consider- ation. If such demands wt>uld be iniquitous in transactions between individuals, how much more so when mad« by a nation, boasting of its justice and magnanihiity 1

It has been said that there is no power to com- plain of a violation of, or to enforce an obedience to, this treaty. Shall we, therefore, not perform our engagements, because we cannot be coerced ? The honest heart revolts at such a proposition. Justice commands the performance of our engage- ments, although there is no power to enforce, and no eye sees our delinquency. A great and mag- nanimous people should scorn such a subterfuge.

Congress, say gentlemen, have the power of ad- mitting new States, and the treaty-makinff power had no right to stipulate for the admission of Louis- iana into the Union. The second clause of the sixth article of the Constitution declares, that "all treaties made by the Authority of the United States are the supreme law of the land." " By the au- thority," must mean the treaty-making piower, the President and Senate, in whom the power is vested. The authority of the United States ha« made this treaty, and the House of Representatives has re- peatedly sanctioned its provisions. Whatever ob- jection might have b^n made jMreviously to its ratification, because of its interra^ence with the power vested in Congress to admit new States, the obiection now comes too late. The Senate could have made no appropriation of money for the purchase of Louisiana without the concur- rence of the House of Representatives. This con- currence was a pledge, on the part of that branch of the National Legislature, tnat the stipulations of the treaty should oe performed. Your legisla- tion for the territory ceded, and the admission of Louisiana, were additional pledges. You have surveyed the public lands, pocketed the money, and enjoyed all the advanta^ of the cession, and now refuse to comply with your agreement, be-

Id4l

HISTORY OF CONaRESS.

1H42

Fbsbuaby, 1890.

Admimion of MUmmri.

H. OP R.

cause you sav the President and Senate had no power to malce the treaty, and there is no power to compel you to perform your i^eement if raltd. From the treaty of 1808, erery successive Con- gna» has, in some shape, recognised the validity of this treaty, and given some pledge that its stip- ulation should he regarded until we, mcffe wise, but, perhaps, less just, than our predecessors, have discovered that it was made without authority, and is void ! Had not the people who removed to that country under your former course of legis- lation aright to expect that security, for themselves and their property, which the treaty promised?

This treaty declares who shall he mcarpoiated into the Union, when they shall he incerpotated, to what they shall he entitled when incorporated, and promises, in the meantime, security to their liberty and property. In the meantime, must indi- cate a time between two pjoints — the points here indicated are, the ratification of the treaty, and their admission into the Union. Congress might, in the meantime, have prohibited the settlement of the country from other parts of the Union ; but if they permitted others to settle there^ being inhabi- tftnts of the ceded territory, at the time of its ad- misaion into the Union, tney were ntoessary to enjoy the privileges of admission into the Union. Congress could not admit the original inhabitants and exclude others there at the time of its admis- sion ; nor could thev disregard the rights of those who settled there subsequent to the treaty ; for all who are inhabitants, '^ in the meantime," are se- cured in their property and liberty." When are they to be admittea ? '^80 soon as possible, con- sistent with the pnnciples of the Constitution ;" so soon as they have the number heretofore required for such admission. Having that number, they now ask you to perform your stipulation, and can yon justly refuse? To what are they to be enti- tled, when admitted into the Union ? To the en- joyment of all the '^ rights, advantages, uid tm- miinities, of citizens of the United States." Yet yoo deny them one of the most essential and dear- est riffhts, the right to form their own constitution, and wiape their own municipal reguhitiotts. They are what you have agreed they shall be, with this degraduig ezcqption, this surrender of municipal rights. This word ^' shall," in the treaty, talces away discretion, and we must either disrmird the treaty, or admit Missouri — ^not stripped 01 its sov* ereiffn power, but on a footing with theother States, to ail the '^riehts, advantages, and hnrauaities," of citiseDs of the United States.

The ordinance of 1787 has been resorted to for the puqMse of showing that Congress has ex«^ cisea this power, and may therefore now do the same. There is no crime that could not be justi- fied by reasoning in this mode: such things have been done, therefore they are right! This ordi^ nance waa passed under the Articles of Confed- eration, previously to the adoption of the Consti- tution, and cannot prove that such an ordinance would have been authorized by the Constitution. Subsequent legislation only went to carrv into efiect what had been promised prior to the Cfonstitution

Gentlemen have called to their aid the Declara-

tion of Independence : " AH men are bom equally free and independent! Those who believe that this declaration gives libertv to every slave in the Union, will find a learned cnapter on that subject, in a ludicrous wtM-k written oy Judge Brecken- ridge, of Pennsylvania, called Modem Chivalry, to which I refer the gentlemen. But is this polit- ical maxim indeed true? Then I suppose an in- cident of that freedom and independence would be, that every people have a right to adopt their own government and laws. Do you not deny this privilege to the people of Missouri ? In your zeal to extend liberty to the slave, you take away from freemen of your own color, and entitled to equal rights with you, their " inalienable rights." The pec^e of Missouri ask the privilege of form- ing their own constitution, ana you deny them that privilege, unless they adopt an article which you prescrioe. Have we so soon forgotten that our tathers resisted similar usurpations of power attempted by England — fought and established the independence we now enjoy? Other gentlemen derive this power fk>om that part of the Constitu- tion which enables Conjjjess to provide for the " general wdfare :" nothing can be more danger- ous than this doctrine. lYhen Napoleon annihi- lated the €h>vernment, and seized the liberties of France, he said, this is demanded by the general wdfare. When Cesar subverted (he libnties of Rome, he professed to be providing for the general welfare. When Cromwell turned the Parliament of Great Britain out of deors,^ he professed to be acting for the general welfare. The genius of desolation, seated on the rains of empires, speaks, as a voice from the tombs to you, to '* beware 01 the exercise of this dan^ous power." The de- parted Groveraments of^ Carthage, Greece, and Rome, of Venice, and of Switzerland, hail your advances in this path of the sepulchre of nations. The friends of restriction plant a dagger in the bosom of their country^nd call this providing for the general welfare. They excite the most awful discord am<mg the members of this House, which enters into and distracts all its deliberations, and excites the most alarming ferment in the commu- nity, and call this humanity. Humanity to our country forbids agitating a auestion so well calcu- lated to disturb the repose or society.

Is it jfttstioe to the States of the Union where slavery is tolerated, to prohibit them ftom a set-> tlement in Missouri, mirchased by the common funds of the nation 7 The exclusion is not direct, because it would not be borne in that shape ; but if I cannot enter there with my property, which habit, or something else, has rendered necessary to me, I am excluded. What answer can we make to the people of Missouri when they ask, ^' is not s^f-goverament our right, our privilege, and our inheritance?" "Can you divest us of our prop- erty without OUT consent ?" " When emancipation has taken place in other parts of the Union, the people, by their Representatives, consented to the divestiture of their rights; but we are to be divested of our rights, without representation, by the strong arm of Uonmss, and that in the name of con- science and humanity."

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H. OP R.

Admiasian of MiaaovH,

February, 1820.

I cannot, said he, pass unnoticed the course which has been adopted, in relation to this subject, and which, in the language of Mr. Jay, has been effected by a " plan of co-operation" in the com- munity. The people intend to be just to' them- selves and their Representatives ; but how readily may they be deceived ! A meeting is called, at which the horrors of slavery are painted in the most flowing colors — ^the honest sympathies of every individual present are excited, and, when wrought almost to frenzy, they are seriously asked, are you.willing to