Part 57

Mr. President, if individuals were pointed out to me who were engaged in nightly conspiracies, in secret conclaves, and issuing orders directing the capture of our forts and the taking of our custom-houses, I would show who were the traitors; and that being done, the persons pointed out coming within the purview and scope of the provision of the Constitution which I have read, were I the President of the United States, I would do as THOMAS JEFFERSON did, in 1806, with AARON BURR; I would have them arrested, and, if convicted, within the meaning and scope of the Constitution, by the Eternal GOD I would execute them. Sir, treason must be punished. Its enormity and the extent and depth of the offence must be made known. The time is not distant, if this Government is preserved, its Constitution obeyed, and its laws executed in every department, when something of this kind must be done.

The Senator from Oregon, in his remarks, said that a mind that it required six weeks to stuff could not know much of any thing. He intimated that I had been stuffed. I made my speech on the 19th of December. The gentleman replied. I made another speech, and now he has replied again; and how long has he been "stuffing"? How often has he been "stuffed"? [Laughter.] He has been stuffed twice; and if the stuffing operation was as severe and laborious as the delivery has been, he has had a troublesome time of it, for his travail has been great and the delivery remarkable. [Laughter.]

We know how the Senator stands upon popular or squatter sovereignty. On that subject he spoke at Concord, New Hampshire, where he maintained that the inhabitants of the Territories were the best judges; that they were the very people to settle all these questions; but when he came here, at the last Congress, he could make a speech in which he repeated, I cannot tell how many times, "the equality of the States, the rights of the States in the Union, and their rights out of the Union;" and he thus shifted his course. If the conflict between his speech made in Concord in 1856, and his speech made here on the 25th day of May last, can be reconciled, according to all rules of construction, it is fair to reconcile the conflict. If the discrepancy is so great between his speech made then and his speech on the 25th of May last, of course the discrepancy is against him; but I am willing to let one speech set off the other, and to make honors easy, so far as speech-making is concerned.

Then, how does the matter stand? There is one speech one way, and there is another speech the other way. Now, we will come to the sticking point. You have seen the equivocation to-day. You have seen the cuttle fish attempt to becloud the water and elude the grasp of his pursuer. I intend to stick to you here to-day, as close and as tight as what I think I have heard called somewhere "Jew David's Adhesive Plaster." How does your vote stand as compared with your speeches? Your speeches being easy, I shall throw in the scale against you the weight of what you swore. How does that matter stand? I intend to refer to the record. By referring to the record, it will be found that Mr. CLINGMAN offered the following as an amendment to the fourth resolution of the series introduced by Mr. DAVIS:

"_Resolved_, That the existing condition of the Territories of the United States does not require the intervention of Congress for the protection of property in slaves."

What was the vote on the amendment proposed to that resolution by Mr. BROWN, to strike out the word "not." I want the Senator's attention, for I am going to stick to him, and if he can get away from me he has got to obliterate the records of his country. How would it read, to strike out the word "not."

"That the existing condition of the Territories of the United States does require the intervention of Congress for the protection of property in slaves."

Among those who voted against striking out the word "not," who declared that protection of slavery in the Territories by legislation of Congress was unnecessary, was the Senator from Oregon. When was that? On the 25th day of May last. The Senator, under the oath of his office, declared that legislation was not necessary. Now where do we find him? Here is a proposition to amend the Constitution, to protect the institution of slavery in the States, and here is the proposition brought forward by the Peace Conference, and we find the Senator standing against the one, and I believe he recorded his vote against the other.

But, let us travel along. We have only applied one side of this plaster. The Senator voted that it was not necessary to legislate by Congress for the protection of slave property. Mr. BROWN then offered the amendment to the resolution submitted by Mr. DAVIS, to strike out all after the word "resolved," and to insert in lieu thereof:

"That experience having already shown that the Constitution and the common law, unaided by statutory enactment, do not afford adequate and sufficient protection to slave property--some of the Territories having failed, others having refused, to pass such enactments--it has become the duty of Congress to interpose, and pass such laws as will afford to slave property in the Territories that protection which is given to other kinds of property."

We have heard a great deal said here to-day of "other kinds," and every description of property. There is a naked, clear proposition. Mr. BROWN says it is needed; that the court and the common law do not give ample protection; and then the Senator from Oregon is called upon; but what is his vote? We find, in the vote upon this amendment, that but three Senators voted for it; and the Senator from Oregon records his vote, and says "no," it shall not be established; and every Southern man, save three, voted against it also. When was that? On the 25th day of May last. Here is an amendment, now, to protect and secure the States against any encroachment upon the institution within the States; and there the Senator from Oregon swore that no further legislation was necessary to protect it in the Territories. Well, his speeches in honors being easy, and he having sworn to it in the last Congress, I am inclined to take his oath in preference to his speeches, and one is a fair set-off against the other. Then, all the amendments being voted down, the Senate came to the vote upon this resolution:

"That if experience should at any time prove that the judicial and executive authority do not possess means to insure adequate protection to constitutional rights in a Territory, and if the territorial government should fail or refuse to provide the necessary remedies for that purpose, it will be the duty of Congress to supply such deficiency, within the limits of its constitutional powers."

Does not the resolution proceed upon the idea that it was not necessary then; but if, hereafter, the Territories should refuse, and the courts and the common law could not give ample protection, then it would be the duty of Congress to do this thing? What has transpired since the 25th day of May last? Is not the decision of the court with us? Is there not the Constitution carrying it there? Why was not this resolution, declaring protection necessary, passed during the last Congress? The Presidential election was on hand.

I have been held up and indirectly censured, because I have stood by the people; because I have advocated those measures that are sometimes called demagogical. I would to GOD that we had a few more men here who were for the people in fact, and who would legislate in conformity with their will and wishes. If we had, the difficulties and dangers that surround us now, would be postponed and set aside; they would not be upon us. But in May last, we could not vote that it was necessary to pass a slave code for the Territories. Oh, no; the Presidential election was on hand. We were very willing then to try to get northern votes; to secure their influence in the passage of resolutions; and to crowd some men down, and let others up. It was all very well then; but since the people have determined that somebody else should be President of the United States, all at once the grape has got to be very sour, and gentlemen do not have as good an opinion of the people as they had before; we have changed our views about it. They have not thought quite as well of us as we desired they should; and if I could not get to be President or Vice-President of all these United States, rather than miss it altogether, I would be perfectly willing to be President of a part; and therefore we will divide--yes, we will divide. I am in favor of secession; of breaking up the Union; of having the rights of the States out of the Union; and as I signally failed in being President of all, as the people have decided against me, we have reached that precise point of time at which the Government ought to be broken up. It looks a little that way.

I have no disposition now, in concluding what little I am going to say, to mutilate the dead, or add one single additional pang to the tortures of the already politically damned. I am a humane man; I will not add one pang to the intolerable sufferings of the distinguished Senator from Oregon. [Laughter.] I sought no controversy with him; I have made no issue with him; it has been forced upon me. How many have attacked me; and is there a single man, North or South, who is in favor of this glorious Union, who has dared to make an assault on me? Is there one? No; not one. But it is all from secession; it is all from that usurpation where a reign of terror has been going on.

I repeat, again, the Senator has made a set-to on me. I am satisfied if he is. I am willing that his speech and mine shall go to the country, and let an intelligent people read and understand, and see who is right and who is wrong on this great issue.

But, sir, I alluded to the fact that secession has been brought about by usurpation. During the last forty days, six States of this Confederacy have been taken out of the Union; how? By the voice of the people? No; it is demagogism to talk of the people. By the voice of the freemen of the country? No. By whom has it been done? Have the people of South Carolina passed upon the ordinance adopted by their Convention? No; but a system of usurpation was instituted, and a reign of terror inaugurated. How was it in Georgia? Have the people there passed upon the ordinance of secession? No. We know that there was a powerful party there, of passive, conservative men, who have been overslaughed, borne down; and tyranny and usurpation have triumphed. A convention passed an ordinance to take the State out of the Confederacy; and the very same convention appointed delegates to go to a congress to make a constitution, without consulting the people. So with Louisiana; so with Mississippi; so with all the six States which have undertaken to form a new Confederacy. Have the people been consulted? Not in a single instance. We are in the habit of saying that man is capable of self-government; that he has the right, the unquestioned right, to govern himself; but here, a government has been assumed over him; it has been taken out of his hands, and at Montgomery a set of usurpers are enthroned, legislating, and making constitutions and adopting them, without consulting the freemen of the country. Do we not know it to be so? Have the people of Alabama, of Georgia, of any of those States, passed upon it? No; but a Constitution is adopted by those men, with a provision that it may be changed by a vote of two-thirds. Four votes in a convention of six, can change the whole organic law of a people constituting six States. Is not this a _coup d'état_ equal to any of Napoleon? Is it not a usurpation of the people's rights? In some of those States, even our Stars and our Stripes have been changed. One State has a palmetto, another has a pelican, and the last that I can enumerate on this occasion, is one State that has the rattlesnake run up as an emblem. On a former occasion I spoke of the origin of secession; and I traced its early history to the garden of Eden, when the serpent's wile and the serpent's wickedness beguiled and betrayed our first mother. After that occurred, and they knew light and knowledge, when their Lord and Master turned to them, they seceded, and hid themselves from his presence. The serpent's wile, and the serpent's wickedness, first started secession; and now, secession brings about a return of the serpent. Yes, sir; the wily serpent, the rattlesnake, has been substituted as the emblem on the flag of one of the seceding States; and that old flag, the Stars and the Stripes, under which our fathers fought and bled and conquered, and achieved our rights and our liberties, is pulled down and trailed in the dust, and the rattlesnake substituted. Will the American people tolerate it? They will be indulgent; time, I think, is wanted, but they will not submit to it.

A word more in conclusion. Give the Border States that security which they desire, and the time will come when the other States will come back; when they will be brought back--how? Not by the coercion of the Border States, but by the coercion of the people; and those leaders who have taken them out will fall beneath the indignation and the accumulating force of that public opinion which will ultimately crush them. The gentlemen who have taken those States out are not the men to bring them back.

I have already suggested that the idea may have entered into some minds, "if we cannot get to be President and Vice-President of the whole United States, we may divide the Government, set up a new establishment, have new offices, and monopolize them ourselves when we take our States out." Here we see a President made, a Vice-President made, cabinet officers appointed, and yet the great mass of the people not consulted, nor their assent obtained in any manner whatever. The people of the country ought to be aroused to this condition of things; they ought to buckle on their armor; and, as Tennessee has done (GOD bless her!), by the exercise of the elective franchise, by going to the ballot-box under a new set of leaders, they will repudiate and put down those men who have carried these States out and usurped a Government over their heads. I trust in GOD that the old flag of the Union will never be struck. I hope it may long wave, and that we may long hear the national air sung:

"The star-spangled banner, long may it wave, O'er the land of the free and the home of the brave!"

Long may we hear old Hail Columbia, that good old national air, played on all our martial instruments! long may we hear, and never repudiate, the old tune of Yankee Doodle! Long may wave that gallant old flag which went through the Revolution, and which was borne by Tennessee and Kentucky at the battle of New Orleans, upon that soil the right to navigate the Mississippi near which they are now denied. Upon that bloody field the Stars and Stripes waved in triumph; and, in the language of another, the Goddess of Liberty hovered around when "the rocket's red glare" went forth, indicating that the battle was raging, and watched the issue; and the conflict grew fierce, and the issue was doubtful; but when, at length, victory perched upon your Stars and your Stripes, it was then, on the plains of New Orleans, that the Goddess of Liberty made her loftiest flight, and proclaimed victory in strains of exultation. Will Tennessee ever desert the grave of him who bore it in triumph, or desert the flag that he waved with success? No; we were in the Union before some of these States were spoken into existence; and we intend to remain in, and insist upon--as we have the confident belief we shall get--all our constitutional rights and protection in the Union, and under the Constitution of the country. [Applause in the galleries.]

The PRESIDING OFFICER (Mr. FITCH in the chair):--It will become the unpleasant but imperative duty of the Chair to clear the galleries.

Mr. JOHNSON, of Tennessee:--I have done.

[The applause was renewed, and was louder and more general than before. Hisses were succeeded by applause, and cheers were given and reiterated, with "three cheers more for JOHNSON."]

The PRESIDING OFFICER:--The Sergeant-at-Arms will immediately clear the galleries, and the order will not be rescinded.

The order having been executed by clearing the galleries and locking the doors leading to them, the Presiding Officer announced that the business of the Senate would be proceeded with.

The Senate, having disposed of several bills, was about to take action on a proposed amendment to the House resolutions, when the Peace Conference amendments were adverted to as follows:

Mr. MASON:--Now, I desire to say a word. There was a commission from twenty or twenty-one States summoned here by the State of Virginia to take into consideration the state of the country, and they have proposed an elaborate amendment to the Constitution, which they ask this body, in connection with the other House, to refer to the States. That has been under consideration for two days; no vote has been taken upon it; and the Senator from Illinois now proposes to postpone that in order to give precedence to a resolution from the House of Representatives proposing to amend the Constitution by prohibiting Congress from interfering with slavery in the States. His motion is, at this stage of the session, to put aside any further consideration of this amendment to the Constitution proposed by that Peace Conference, presented in the impressive manner in which it was done by the honorable Senator from Kentucky, in order to give precedence to this joint resolution of the House on this the last day of the session. Sir, I shall vote against giving it that precedence. I think it is due not only to those honorable gentlemen who came here and have submitted to us the result of their labors that we should give it that precedence, but I feel that it is due to the State of Virginia, who invited the Conference, that no precedence should be given over it. For that reason, I shall vote against it.

Mr. DOUGLAS:--I am glad to find that the Senator from Virginia has become such a warm advocate of the report of the Peace Conference. How many hours is it since we heard him denounce it as unworthy the consideration of Southern men or of this country? How long is it since these denunciations were ringing in our ears? We do not hear the praises of the Peace Conference sounded until we are about to get a vote on another proposition to pacify the country; and for fear we may have a vote that will quiet the apprehensions of the Southern States in respect to the designs of the North to change the Constitution, so as to interfere with slavery in the States, we find now that the Peace Conference is to be pushed forward, to defeat this. Sir, if he is a friend of the proposition of the Peace Conference, let him act with me and sit as long as I will in urging it upon the Senate. I am for both; but this one is within our reach. We can close this much in five minutes. We should have had it passed before this time, if the Senator from Virginia had not interposed objections. If the amendment to the Constitution which furnishes guarantees to the border slave States fail, it will be the result of the efforts of the Senator from Virginia. My object is to take that up; we can dispose of it in a very few minutes; and then, when we have secured thus much, we will proceed immediately to take up the report of the Peace Conference; and I tell the Senator from Virginia he will find me standing here adhering to it as long as he will; and when the vote comes, I think I shall show that I am as friendly to it as he; and that I have as much respect for and appreciation of the services of the great men who reported it.

Mr. MASON:--The Senator from Illinois and I construe our duties in a very different way. I have no parliamentary ends to obtain here by dexterous motions to give preference. The Senator has never heard me express the slightest approbation of these resolutions from the Peace Conference. On the contrary, he has heard me point out, with whatever ability I might, the objections that would compel me to vote against them. I intend to vote against them; but I deem it due to the character of these resolutions, and the way in which they were brought before the Senate, that their precedence should not be taken from them, and that we should have the first vote upon them. The Senator from Illinois will not find me taking back one word that I have said of objection to the resolutions that came from the Peace Conference; but I protest against their precedence being taken from them--a matter which has engaged the attention of the Senate for the last two hours to effect it. Now that it is done, I shall vote against the motion to give precedence. The resolutions of the Peace Conference should not be thrust aside by this resolution of the House; but that is the motion now before us, to thrust aside these resolutions in order to give place to the resolution of the House, and I shall vote against it.

Mr. CRITTENDEN:--I shall pursue, on this occasion, the course I have pursued throughout. My object is to attain a great end, and, if possible, to give entire satisfaction to the country, and restore it to peace and quiet, or to go as far in that direction as it is in my power to go. I shall vote to take up the resolution of the House, because we can act upon it immediately. I am an advocate of the resolutions from the Peace Conference. I have shown it; I have expressed it, and my determination to vote for them, and so I will; but I confess that I feel somewhat as the gentleman from Illinois does--surprised at the great zeal with which gentlemen want to keep up these propositions merely to strike a blow at others, claiming a precedence for a thing they mean to trample and spit upon.

Mr. MASON:--It has precedence, if the Senator will allow me, and he took it from it.

Mr. CRITTENDEN:--And he wants to continue that precedence. Sir, the way to manifest respect for their proposition is to vote for it. I do not understand this sort of proceeding on the part of gentlemen who desire to afford any means of pacification to the country. I am for this resolution of the House of Representatives; and I hope the Senate will vote to take it up. We can act upon it, and we can vote upon it, and we know well that we cannot pass these propositions of the Peace Conference. There are but two hours more of session in the other House--from ten to twelve o'clock on Monday morning. I cannot indulge in a hope, sanguine as I have been throughout, of the passage of those resolutions; and, indeed, the opposition here, and the opposition on this [the Democratic] side of the Chamber to those resolutions, are confirmation strong as Holy Writ that they cannot pass. Do gentlemen want to press them forward in order to prevent a vote on this resolution of the House? I hope not. I hope the motion of the gentleman from Illinois will prevail, and that we shall take up the House resolution.