Chapter 53

Now, sir, suppose every argument that the distinguished Senators from Virginia have brought to bear on this proposition was true: what then? Is that any reason why it should not be submitted to the people? Suppose they do not approve of it: what then? It is their business, not ours. Suppose they should: it is a measure of peace, of security, of union. Sir, I know, as you do, many of the members of that Convention. I have acted with them as Whigs in old times, and I wish they could come back. I know they have proved in old times, as they will prove again, that they love this Union to the very depth and core of their hearts. I do not propose to give them up; I do not propose to weaken them; I do admire, with my whole heart, the sacrifice of opinion which they make, and which is typified by the noble expression of the distinguished Senator from Kentucky to-day. Party or no party, North or no North, I, at least, will meet him half way. My State is very far distant. She had no members in that Convention. I do not know whether she will approve this measure; but I know it will neither hurt that State nor me to give her a chance to determine. I know very well that the Senators from Virginia do not approve it. That is the very reason I do. [Laughter.] If I was sure they would not think me guilty of disrespect, I would remind them of what was said by a distinguished man in old times. Phocion, in the last days of his Republic--and I hope in that respect, at least, there will be no parallel--Phocion was once making a speech to the Athenian people, and something he said excited very great applause. He turned around to gentlemen, friends near him, and said: "What foolish thing have I been saying, that these people praise me?" Sir, if Virginia, represented as she is to-day--not as I believe she really is--but if Virginia, represented as she is here to-day, and as she has been during this session, were to approve these propositions, I should doubt them very much indeed.

I was surprised, however, to hear some things that the distinguished Senator from Virginia--I do not know whether to call him junior or senior--said. I do not mean the Senator who spoke last. He [Mr. HUNTER] says that this proposition here is worse than the old Constitution. If that be really so, what in the world has he been complaining of so bitterly? He tells us, now, that under the old Constitution slavery was secure. Then, why do you grumble? He considers it as secure, not only wherever it is, but wherever it can go--nay, more than that; wherever the Stars and Stripes of the American Republic can float. I have been telling my people that, as a Republican, for a long while, and complaining of the Dred Scott decision; but he says slavery is secured. All the complaint that the other Senator from Virginia [Mr. MASON] makes, is against the decision of the courts in the free States we have been in the habit of making, which he insists are against the decision of the Supreme Court, constituted other than we wished it was. We have been in the habit of believing that one of the great evils we complained of was under the old Constitution, and that a new construction was given to it, alien to the intention, wish, construction, of our fathers; and we have complained that the Supreme Court was so constituted that it could not be reversed. We complained, as partisans, that now this Senate and the other House were so composed that we had no power in the Government, save through the President. Now, the Senator from Virginia indorses the whole of it, and says they were very well off, and did beautifully. Then why dissolve; why threaten; why make a Peace Conference necessary?

Mr. President, let us be just to these propositions. As a Republican, I give up something when I vote for them; but remember, sir, I am not voting for them now; I am only voting to submit them to my people; and I shall go before them, when the time comes, being governed in my opinion and advice as to whether they shall vote for them or not, as I see that Virginia, Tennessee, Kentucky, North Carolina, and Missouri, by their people, desire. To be frank, sir; if this proposition will suit the Border States, if there will be peace and union, and loyalty and brotherhood, with this, I will vote for it at the polls with all my heart and with all my soul; but if I see that the counsels of the Senators from Virginia shall prevail; if my noble friend from Tennessee [Mr. JOHNSON] shall be overwhelmed; if secession shall still grow in the public mind there; if they are determined, upon artificial causes of complaint, as I believe, still to unite their fate, their destiny, and their hope, with the extremest South, then, perceiving them to be of no avail, I shall refuse them. Therefore, at the polls at last, I shall be governed as an individual citizen by my conviction at the moment of what the ultimate result of these propositions will be; but I am not voting for that to-day. I am saying: "People of the United States, I submit it to you; twenty States demand it; the peace of the country requires it; there is dissolution in the very atmosphere; States have gone off; others threaten; the Queen of England upon her throne declares to the whole world her sympathy with our unfortunate condition; foreign Governments denote that there is danger to-day that the greatest Confederation the world has ever seen is to be parted in pieces, never to be reunited." Now, not what I wish, not what I want, not what I would have, but all that I can get, is before me. I know that I do no harm. If the people of Oregon do not like it, they can easily reject it. If the people of Pennsylvania will not have it, they can easily throw it aside. If they do not believe there is danger of dissolution, if they prefer dissolution, if they think they can compel fifteen States to remain in or come back, or if they believe they will not go out, let them reject it. I repeat again, it is their business, it is not mine.

But, sir, whether I vote for it at the polls or not, in voting for it here it may be said that I give up some of my principles. Mr. President, we sometimes mistake our opinions for our principles. I am appealed to often; it is said to me: "You believed in the Chicago platform." Suppose I did. "Well, this varies from the Chicago platform." Suppose it does. I stand to-day, as I believe, in the presence of greater events than those which attend the making of a President. I stand, as I believe, at least, in the presence of peace and war; and if it were true that I did violate the Chicago platform, the Chicago platform is not a Constitution of the United States to me. If events, if circumstances change, I will violate it, appealing to my conscience, to my country, and to my God, to justify me according to the motive. [Applause in the galleries.]

The PRESIDING OFFICER (Mr. FOSTER in the chair). Order will be preserved in the galleries, or they will be cleared.

Mr. BAKER:--Again, sir, let us see how, as a Republican, I give up any thing. First, suppose I did: I would give up a great deal to preserve a great Government; I would give up a great deal to be able to shake hands with Kentucky and Tennessee as friends for the rest of my life, as I have in all that has gone before. I would not be ashamed to give up. I would not at least be giving up to traitorous secession, such as Louisiana, Mississippi, and South Carolina are guilty of to-day; but I would be giving up to loyal and affectionate brethren, who implore me for the love of a common Union to do something to satisfy the doubts and fears of their people. I can stand that; I will do it.

Again, sir; how much do I give up? I have said, as a Republican, that Congress has the power to prohibit slavery in all the Territories of the United States. I believe it to-day. Talking about giving up, there are a good many other people that give up something here. Gentlemen on the other side, who have been contending that Congress had no power whatever to prohibit slavery, acknowledge that they were mistaken; at any rate they go for it; they do prohibit it by law, by the Constitution itself. Therefore I am not the only one that gives up.

Again: I believe it is wrong, politically wrong--I am not now discussing the social and moral question--but I believe it to be politically very wrong to establish slavery in the name of freedom. Sir, twelve years ago or more, it was my fortune, perhaps, to wander in a foreign land beneath the Stars and Stripes of my country. I went there, as I think, impelled by motives of patriotism, perhaps having mingled with them not a little desire of adventure, love of change, and that feverish excitement for which we people of this country are always and everywhere remarkable; but I believe, if I know myself, that I did suppose I was doing something to repay the country for much that she had done for me. Sir, often and again, wandering sometimes beneath

"Where Orizaba's purpled summit shone,"

sometimes by the dark pestilential river that marks the boundary between the two countries, often and often have I wondered to myself whether I was wandering and suffering there to spread slavery over an unwilling people. I am not sorry to see that now that is rendered impossible. I am not sorry to see that it is impossible, first, in the course of events; but if it were not so, I know, if these propositions shall pass, that the foul blot of slavery never will be extended over one foot of territory to be stolen or conquered by the people of the United States.

But I am asked, "What do you say about New Mexico?" I will tell you in twenty words. I am an older Republican than many of those I see around me, who vote to-day differently from me; not a better but an older. I voted in 1850, on the floor of the other House, against the compromise measures of that year. I did so, among other reasons, because I was not willing that Utah and New Mexico should become slave or free according to the wishes of their people, believing as I did then (I have changed my opinion in some respects since), that that was not best for the whole country. Contrary to my wishes, those compromise measures prevailed. New Mexico is nominally now, I believe, a slave Territory; that is, to use the words of the distinguished Senator from New York [Mr. SEWARD], there are some twenty slaves in the whole Territory. There they may, they probably will, remain. I submit to my people a proposition, that if they approve it as a compromise, as a concession, for peace for the Union, as it happens that that little Territory includes all that possibly can be slave territory, they will let it alone till the people are able and willing to make their own State constitution. That is all. Do I state it fairly? Does it go beyond that?

First, I contend that I give up but little. I give it up, as I understand, for purposes of freedom; and the distinguished Senators from Virginia agree with me. They say, in substance, that I am getting a great deal more than I give; and I confess, taking that view of the subject, at least in part, I wonder that a good many more of my Republican friends do not go with me.

Again: it is said on the Republican side that we protect slavery. In one sense we do, and in another sense we do not. In the offensive idea to me and to you of protecting slavery, I do no such thing, and I would die first. When the resolutions of the Senator from Kentucky were up the other day, I voted for the amendment of the other Senator from Kentucky [Mr. POWELL], in order to make them clear, to show what I was voting against. I was unwilling that territory hereafter to be acquired should be rendered slave territory; and I put that proposition distinctly in it, in order that when I voted against them, it might be seen why and how I did it. As I have said, this proposition renders that impossible. First, it refers only to the territory we now possess; that is, New Mexico alone. As to the territory north of 36° 30´, I need not speak. We know that God Almighty has registered a decree in Heaven that that shall never be slave. We, on our part, want no WILMOT proviso there; we all agree that we are willing to let it alone. South, there is but the barren Territory of New Mexico. Beyond that, who knows? If we are to acquire it, we are to acquire it by this proposition, by the assent of a majority of the States of both sections and two-thirds of the whole; and I do not know a man living who believes that with that proposition incorporated in the Constitution, slavery is probable, or even possible.

Therefore, Mr. President, I agree that in the compromise I, as a Republican, do give up to that extent, and no more, what I have said; but doing that, I believe that I consecrate all the territory between here and Cape Horn to freedom, with all its blessings, forever and forever.

So far, sir, as the discussion as to the meaning of this phrase about the common law is concerned, I do not care to indulge in it, and for this simple reason: first, according to the legal view of the Senator from Ohio, everybody knows that this expression, "the course of the common law," means the duly established forms of procedure known to the courts; that is all. In the next place, I am not afraid of the common law. I have been reared under it. With all its imperfections, and they are many, I love it. While it may be an objection to Virginia to quote it, to me it is full of guardianship and blessing. I do not stop to talk about the Somerset case, nor the decision in Salkeld, nor the Modern Reports. It is enough for me that I know, taking the whole proposition together, that slavery is impossible beyond where it now is, and, as a Republican, I can justify myself to my conscience in giving that vote.

Mr. President, I add very few more words. I should have been excessively pleased, as a partisan and a man, if the inauguration of Mr. LINCOLN could be one at which all the States would attend with the old good feeling, and with the old good humor. I have seen six States separate themselves, as they say, from us, and form a new confederacy, with great pain and greater surprise. I cannot shut my eyes, if I would, to the existing state of things. I listen to the warning of my friend from Kentucky. I listen to the warning of my friend from Tennessee. I have been in both States. I know something of their people. I believe that there, even there, the Union is in danger; and I believe if we break up here without some attempt to reconcile them to us, and us to them, many of the predictions of friends and foes as to the danger will be accomplished. I said, in the earlier part of the session--I repeat it--I would yield nothing to secession. When the Representatives from South Carolina and Mississippi and Alabama and Louisiana came here invoking war, telling us that if we did not yield to them they would secede, they would confederate with foreign Governments, they would break this Union, they would hold us as aliens and strangers and enemies, I believed then, as I believe now, that that was too dear a price to pay even for Union and peace; but to-day the case is altered. Virginia, Kentucky, Tennessee, reiterate their love for the Union. They tell us in unmistakable terms that they desire to remain; and in every county, nay, in every township of those States, we have staunch and true and ardent friends who would be willing to seal their devotion to this Union with their blood. It is they to whose appeal I would listen. It is from them that I would take counsel and advice; and when they tell me, "pass these resolutions; they are resolutions of peace; submit them to your people; listen to what ours say in reply; if it appears to you at the polls that these resolutions will produce peace, restore union, create or renew fraternal, kindly feeling, pass them; let us settle this question, and be one people," I agree; with all my heart, I will do it.

Now, as I close, let me ask what evil; who will be hurt? Suppose, when I get home, I find that the Senators from Virginia are on the stump and they are convincing their people that they are a great deal worse off; the more they convince Virginia that she is worse off, the more Pennsylvania and New York will be convinced that they are better off; and every argument they make against it in Virginia will have a twofold weight North and West. I could not make half as good a speech in favor of these propositions of Union, even in Oregon, or California, or Illinois--I speak of the States I know best--as I should make if I were to read their objections to these propositions.

But suppose--which I do not think possible--they could succeed, not only in Virginia (which I do not believe), but in Kentucky and Tennessee; suppose they were to swear, by the throne of God, they would not take them, but would dissolve and go off whether we passed them or not: we could very easily refuse to vote for them and be in as good a condition as we are to-day, and, in the mean time, next Monday, Mr. LINCOLN will be inaugurated. I desire to see around him thronging, nay forming the procession, every augury of hope and peace.

I expect to hear from his lips words of manly trust and confidence in the Union, and of concession, kindness to all its constituent parts. I have hoped that, in response to what he shall say, I shall hear from every part of what is now acknowledged everywhere yet as our Confederacy, a perpetual hymn of hope and praise rising from all parts of the Union; and, above all things else, I have hope and trust in time and patience. Therefore it is that I shall do no harm.

I know that there are very excited feelings upon this subject North and South. I understand that Massachusetts, an honored State--let me say, to qualify what I am going to say, first, that I believe that Massachusetts is the pattern of a community in the world; as well represented here as any State can be; representing herself better than anybody else can do it for her--I know that there are excited feelings in Massachusetts, and I think she has good cause. The act that more than any other else, perhaps, leads to this proposition of a Peace Convention--that "Congress shall provide by law for securing to the citizens of each State the privileges and immunities of citizens in the several States"--was an act which I abhorred and condemned from the beginning, and which I am not sorry to perceive that Massachusetts remembers now. Many gentlemen on the floor know to what I allude. On the other hand, South Carolina and Louisiana are ferocious for disunion; and I am afraid that their young men do want war. There is not excitement enough on the plantation and the farm, and in the streets of the towns; but they really want contest, excitement, and bloodshed. What they want I do not; I am trying to keep from it. I do not apprehend, therefore, that the sentiments which I have expressed here to-day will meet the approbation of the extreme men upon either side. I have no doubt my republicanism may be doubted. I think I can see in the look of my friend on my left now [Mr. KING] that he has various convictions that I am very far from being sound in the faith. [Laughter.] Sir, it may be. I come from the midst of a people not directly concerned in this controversy; a population about half northern, half southern. We have intermarried together. Our interests, our fears, our hopes, our recollections, are mingled North and South; and I believe I am expressing their opinions--which perhaps form my own--when I say that I can see no possible harm to anybody anywhere in submitting these propositions to the people, who are, and ought to be, sovereign.

Besides, sir, what else can I do? As I sit down, let me ask Senators upon every side, what else can any of us do? Shall we sit here for three months, when petition, resolution, public meeting, speech, acclamation, tumult, is heard, seen, and felt on every side, and do nothing? Shall State after State go out, and not warn us of danger? Shall Senators and Representatives, patriotic, eloquent, venerable, tell us, again and again, of danger in their States, and we condescend to make no reply?

Sir, there is other business to be done here besides the mere ordinary business of the Government; besides the voting of supplies, and the raising of means by which to buy them. We have questions here to-day, as I believe, of peace and war, and I have waited long to see some mode of their solution. I repeat, I go for this proposition, and agree to submit it to the vote of the people, not because I believe it the best that can be done. I believe, however, that, to-day being two days from the close of this session, it is all I can do. When my people ask me, on my return, "Sir, have not States gone out?" I will say, "Yes." "Do not more threaten it?" if that is the word (I trust it is not the best one), I say, "Yes." They say, "Sir, do you believe they will do it?" "On my honor and on my conscience," I say, "if something is not done, yes." They then ask, "What have you done?" Mr. President, what have we done? I believe that is the question the country will ask of us; and I, for one, will vote for this proposition, that I may be able to respond.

Mr. GREEN:--Mr. President, I regard the consideration of this question as one of the most important which has ever been presented to the Senate since I have been a member of it. The Union is in danger; the fate of the country is at stake; and whatever the Senate or the House of Representatives or Congress combined can do, ought to be done to save the country. I have very little faith or hope, and I would express the reason why. But as little as there is, I will cling to the last remaining straw, and sink with it grasped fast in my hands, if I have no other resource. This country is of too much importance to me, to my family, to my friends, to my State, to my associates everywhere, to give up without a struggle. That struggle may prove to be fruitless; it may prove to be unavailing. The taunts and jeers thrown out are calculated to stir up ire and ill-feeling; I shall pass them by with disregard. I choose to sacrifice my feelings, and to make myself a burnt-offering on the altar, if I can do any thing to save the country.

What, then, shall we do? These propositions, presented by what is called the Peace Conference, are not to be compared to the propositions of the Senator from Kentucky; and I will not vote for a single one of them, while I will vote for his. They amount to a sacrifice of my honor, and a destruction of the rights of my State. I am permitted to say that the representatives from my State in the Peace Conference condemned them all, while they are willing to go for the proposition of the Senator from Kentucky. We cannot stand by this, and we will not.

Let us not deceive each other; let us not undertake to practice a system of deception which will sound pleasant to the ear, but will be bitter to the taste. I will not do it. Here is a positive prohibition of slavery north of 36° 30´, and then a doubtful question whether it is recognized south of 36° 30´. The Senator from Kentucky thinks it is; but I will not act upon a doubt. We have had too many doubts heretofore, and out of those doubts have grown many difficulties. I shall never permit, so far as my action is concerned, another question of doubt.

Mr. CRITTENDEN:--Will the gentleman allow me to interrupt him? Did he understand me as admitting that it was a doubtful recognition of slavery?