Part 7

On the 4th of January, 1854, Mr. Douglas, of Illinois, as Chairman of the Committee on Territories, reported this bill back to the Senate with various amendments, accompanied by a special report. By this bill only a single Territory was constituted, under the name of Nebraska; the existing Prohibition of Slavery was not directly overthrown, but it was declared that the States formed out of this Territory should be admitted into the Union "with or without Slavery," as they should desire.

On the 16th of January, Mr. Dixon, of Kentucky, in order to accomplish directly what the bill did only indirectly, gave notice of an amendment, to the effect that the existing Prohibition of Slavery "shall not be so construed as to apply to the Territory contemplated by this Act, or to any other Territory of the United States; but that the citizens of the several States or Territories shall be at liberty to take and hold their slaves within any of the Territories of the United States, or of the States to be formed therefrom."

On the next day, January 17, Mr. Sumner, in order to preserve the existing Prohibition, gave notice of the following amendment.

"_Provided_, That nothing herein contained shall be construed to abrogate or in any way contravene the Act of March 6, 1820, entitled 'An Act to authorize the people of Missouri Territory to form a Constitution and State Government, and for the admission of such State into the Union on an equal footing with the original States, and to prohibit Slavery in certain Territories'; wherein it is expressly enacted, 'that in that territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees and thirty minutes north latitude, not included within the limits of the State contemplated by this Act, slavery and involuntary servitude, otherwise than in the punishment of crimes, whereof the parties shall have been duly convicted, shall be, and is hereby, forever prohibited.'"

It is worthy of remark, that at this stage the proposition of Mr. Dixon, and also that of Mr. Sumner, were equally condemned by the _Washington Union_, the official organ of the Administration. It had not then been determined to sustain the repeal.

On the 23d of January, Mr. Douglas, from the Committee on Territories, submitted a new bill, as a substitute for that already reported. Here was a sudden change, by which the Territory was divided into two, Nebraska and Kansas, and the Prohibition of Slavery was directly overthrown. According to his language at the time, there were "incorporated into it one or two other amendments, which make the provisions of the bill upon other and more delicate questions more clear and specific, so as to avoid all conflict of opinion." It was formally enunciated in the bill, that the Prohibition of Slavery "was superseded by the principles of the legislation of 1850, commonly called the Compromise Measures, and is hereby declared inoperative." This of course superseded the proposed amendment of Mr. Dixon, who subsequently declared his entire assent to the bill in its new form. It also presented the issue directly raised in Mr. Sumner's proposed amendment.

On the next day, January 24th, when the amended bill had just been laid upon the tables of Senators, and without allowing the necessary time even for its perusal, Mr. Douglas pressed its consideration upon the Senate. After some debate it was postponed until the 30th of January, and made the special order from day to day until disposed of.

Meanwhile an appeal to the country was put forth by a few Senators and Representatives in Congress, calling themselves Independent Democrats. The only Senators who signed this appeal were Mr. Chase and Mr. Sumner. It was entitled, "Shall Slavery be permitted in Nebraska?" and proceeded in strong language to expose the violation of plighted faith and the wickedness about to be perpetrated. This document was extensively circulated, and did much to awaken the public.

On the 30th of January the Senate proceeded to the consideration of the bill, when Mr. Douglas took the floor and devoted himself to denunciation of the appeal by the Independent Democrats, characterizing its authors as "Abolition confederates," and particularly arraigning Mr. Chase and Mr. Sumner, the two Senators who had signed it. When he sat down, Mr. Chase replied at once to the personal matters introduced, and was followed by Mr. Sumner, in the few remarks below; and this was the opening of the great debate which occupied for months the attention of the country.

Mr. President,--Before the Senate adjourns I crave a single moment. As a signer of the address referred to by the Senator from Illinois [Mr. DOUGLAS], I openly accept, before the Senate and the country, my full responsibility for it, and deprecate no criticism from any quarter. That document was put forth in the discharge of a high public duty,--on the precipitate introduction into this body of a measure which, as seems to me, is not only subversive of an ancient landmark, but hostile to the peace, the harmony, and the best interests of the country. But, Sir, in doing this, I judged the act, and not its author. I saw only the enormous proposition, and nothing of the Senator.

The language used is strong, but not stronger than the exigency required. Here is a measure which reverses the time-honored policy of our fathers in the restriction of Slavery,--which sets aside the Missouri Compromise, a solemn compact, by which all the territory ceded by France under the name of Louisiana, north of thirty-six degrees and thirty minutes north latitude and not included within the limits of Missouri, was "forever" consecrated to Freedom,--and which violates, also, the alleged compromises of 1850: and all this opening an immense territory to Slavery. Such a measure cannot be regarded without emotions too strong for speech; nor can it be justly described in common language. It is a soulless, eyeless monster,--horrid, unshapely, vast: and this monster is now let loose upon the country.

Allow me one other word of explanation. It is true I desired that the consideration of this measure should not be pressed at once, with indecent haste, as was proposed, even before the Senate could read the bill in which it is embodied. You may remember that the Missouri Bill, as appears from the Journals of Congress, when first introduced, in December, 1819, was allowed to rest upon the table nearly two months before the discussion commenced. The proposition to undo the only part of that work which is now in any degree within the reach of Congress should be approached with even greater caution and reserve. The people have a right to be heard on this monstrous scheme; and there is no apology for that driving, galloping speed which shall anticipate their voice, and, in its consequences, must despoil them of this right.

The debate was continued from day to day. On the 7th of February Mr. Douglas proposed still another change in his bill. There seemed to be a perpetual difficulty in adjusting the language by which the existing Prohibition of Slavery should be overthrown. He now moved to strike out the words referring to this Prohibition, and to insert the following:--

"Which, being inconsistent with the principles of non-intervention by Congress with Slavery in the States and Territories, as recognized by the legislation of 1850, commonly called the Compromise Measures, is hereby declared inoperative and void: it being the true intent and meaning of this Act not to legislate Slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States."

On the 15th of February this amendment was adopted by a vote of thirty-five yeas to ten nays. The debate was then continued upon the pending substitute reported by the Committee for the original bill.

On the 21st of February Mr. Sumner took the floor and delivered the following speech.

SPEECH.

Mr. President,--I approach this discussion with awe. The mighty question, with untold issues, oppresses me. Like a portentous cloud surcharged with irresistible storm and ruin, it seems to fill the whole heavens, making me painfully conscious how unequal to the occasion I am,--how unequal, also, is all that I can say to all that I feel.

In delivering my sentiments to-day I shall speak frankly, according to my convictions, without concealment or reserve. If anything fell from the Senator from Illinois [Mr. DOUGLAS], in opening this discussion, which might seem to challenge a personal contest, I desire to say that I shall not enter upon it. Let not a word or a tone pass my lips to divert attention for a moment from the surpassing theme, by the side of which Senators and Presidents are but dwarfs. I would not forget those amenities which belong to this place, and are so well calculated to temper the antagonism of debate; nor can I cease to remember, and to feel, that, amidst all diversities of opinion, we are the representatives of thirty-one sister republics, knit together by indissoluble ties, and constituting that Plural Unit which we all embrace by the endearing name of country.

The question for your consideration is not exceeded in grandeur by any which has occurred in our national history since the Declaration of Independence. In every aspect it assumes gigantic proportions, whether we consider simply the extent of territory it affects, or the public faith and national policy which it assails, or that higher question--that _Question of Questions_, as far above others as Liberty is above the common things of life--which it opens anew for judgment.

It concerns an immense region, larger than the original Thirteen States, vying in extent with all the existing Free States,--stretching over prairie, field, and forest,--interlaced by silver streams, skirted by protecting mountains, and constituting the heart of the North American continent,--only a little smaller, let me add, than three great European countries combined,--Italy, Spain, and France,--each of which, in succession, has dominated over the globe. This territory has been likened, on this floor, to the Garden of God. The similitude is found not merely in its pure and virgin character, but in its actual geographical situation, occupying central spaces on this hemisphere, which, in their general relations, may well compare with that "happy rural seat." We are told that

"Southward through Eden went a river large":

so here a stream flows southward which is larger than the Euphrates. And here, too, all amid the smiling products of Nature, lavished by the hand of God, is the lofty Tree of Liberty, planted by our fathers, which, without exaggeration, or even imagination, may be likened to

"the Tree of Life, High eminent, blooming ambrosial fruit Of vegetable gold."

It is with regard to this territory that you are now called to exercise the grandest function of lawgiver, by establishing rules of polity which will determine its future character. As the twig is bent the tree inclines; and the influences impressed upon the early days of an empire, like those upon a child, are of inconceivable importance to its future weal or woe. The bill now before us proposes to organize and equip two new territorial establishments, with Governors, Secretaries, Legislative Councils, Legislators, Judges, Marshals, and the whole machinery of civil society. Such a measure at any time would deserve the most careful attention. But at the present moment it justly excites peculiar interest, from the effort made--on pretences unsustained by facts, in violation of solemn covenant, and in disregard of the early principles of our fathers--to open this immense region to Slavery.

According to existing law, this territory is now guarded against Slavery by a positive Prohibition, embodied in the Act of Congress approved March 6th, 1820, preparatory to the admission of Missouri into the Union as a sister State, and in the following explicit words:--

"SEC. 8. _And be it further enacted_, That in all that territory _ceded by France to the United States, under the name of Louisiana_, which lies north of thirty-six degrees and thirty minutes north latitude, not included within the limits of the State contemplated by this Act, SLAVERY AND INVOLUNTARY SERVITUDE, otherwise than in the punishment of crimes, whereof the parties shall have been duly convicted, SHALL BE, AND IS HEREBY, FOREVER PROHIBITED."

It is now proposed to set aside this Prohibition. But there seems to be a singular indecision as to the way in which the deed shall be done. From the time of its first introduction, in the Report of the Committee on Territories, the proposition has assumed different shapes; and it promises to assume as many as Proteus,--now one thing in form, and now another,--now like a serpent, and then like a lion,--but in every form and shape identical in substance; with but one object,--the overthrow of the Prohibition of Slavery. At first it proposed simply to declare that the States formed out of this territory should be admitted into the Union "with or without Slavery," and did not directly assume to touch this Prohibition. For some reason this was not satisfactory, and then it was precipitately proposed to declare that the Prohibition in the Missouri Act "was superseded by the principles of the legislation of 1850, commonly called the Compromise Measures, and is hereby declared inoperative." But this would not do; and it is now proposed to enact, that the Prohibition, "being inconsistent with the principles of non-intervention by Congress with Slavery in the States and Territories, as recognized by the legislation of 1850, commonly called the Compromise Measures, is hereby declared inoperative and void."

* * * * *

All this is to be done on pretences founded upon the Slavery enactments of 1850. Now, Sir, I am not here to speak in behalf of those measures, or to lean in any way upon their support. Relating to different subject-matters, contained in different acts, which prevailed successively, at different times, and by different votes,--some persons voting for one, and some for another, and very few for all,--they cannot be regarded as a unit, embodying conditions of compact, or compromise, if you please, adopted equally by all, and therefore obligatory on all. But since this broken series of measures is adduced as apology for the proposition now before us, I desire to say, that, such as they are, they cannot, by any rule of interpretation, by any charming rod of power, by any magic alchemy, be transmuted into a repeal of that original Prohibition.

On this head there are several points to which I would merely call attention, and then pass on. _First_: The Slavery enactments of 1850 did not pretend, in terms, to touch, much less to change, the condition of the Louisiana Territory, which was already fixed by Congressional enactment. The two transactions related to different subject-matters. _Secondly_: The enactments do not directly touch the subject of Slavery, during the Territorial existence of Utah and New Mexico; but they provide prospectively, that, when admitted as States, they shall be received "with or without Slavery." Here certainly can be no overthrow of an Act of Congress which directly concerns a Territory _during its Territorial existence_. _Thirdly_: During all the discussion of these measures in Congress, and afterwards before the people, and through the public press, at the North and the South alike, no person was heard to intimate that the Prohibition of Slavery in the Missouri Act was in any way disturbed. _Fourthly_: The acts themselves contain a formal provision, that "nothing herein contained shall be construed to impair or qualify anything" in a certain article of the Resolution annexing Texas, where it is expressly declared, that, in any State formed out of territory north of the Missouri Compromise line, "Slavery or involuntary servitude, except for crime, shall be prohibited."

I do not dwell on these things. These pretences have been amply refuted by able Senators who have preceded me. It is clear, beyond contradiction, that the Prohibition of Slavery in this Territory was not superseded, or in any way contravened, by the Slavery Acts of 1850. The proposition before you is, therefore, original in character, without sanction from any former legislation, and it must, accordingly, be judged by its merits, as an original proposition.

* * * * *

Here, Sir, let it be remembered that the friends of Freedom are not open to any charge of aggression. They are now standing on the defensive, guarding the early intrenchments thrown up by our fathers. No proposition to abolish Slavery anywhere is now before you, but, on the contrary, a proposition to abolish Freedom. The term Abolitionist, so often applied in reproach, justly belongs, on this occasion, to him who would overthrow this well-established landmark. He is, indeed, no Abolitionist of Slavery; let him be called, Sir, Abolitionist of Freedom. For myself, whether with many or few, my place is taken. Even if alone, my feeble arm should not be wanting as a bar against this outrage.

On two distinct grounds, "strong both against the deed," I arraign it: _First_, in the name of Public Faith, as an infraction of solemn obligations, assumed beyond recall by the South, on the admission of Missouri into the Union as a Slave State. _Secondly_, I arraign it in the name of Freedom, as an unjustifiable departure from the original Antislavery policy of our fathers. These two heads I shall consider in their order, glancing, under the latter, at the objections to the Prohibition of Slavery in the Territories.

Before I approach the argument, indulge me with a few preliminary words on the character of this proposition. Slavery is the forcible subjection of one human being, in person, labor, and property, to the will of another. In this simple statement is involved its whole injustice. There is no offence against religion, against morals, against humanity, which, in the license of this enormity, may not stalk "unwhipped of justice." For the husband and wife there is no marriage; for the mother there is no assurance that her infant child will not be ravished from her breast; for all who bear the name of Slave there is nothing that they can call their own. Without a father, without a mother, almost without a God, the slave has nothing but a master. It would be contrary to that Rule of Right which is ordained by God, if such a system, though mitigated often by patriarchal kindness, and by plausible physical comfort, could be otherwise than pernicious. It is confessed that the master suffers not less than the slave. And this is not all. The whole social fabric is disorganized; labor loses its dignity; industry sickens; education finds no schools; and all the land of Slavery is impoverished. And now, Sir, when the conscience of mankind is at last aroused to these things, when, throughout the civilized world, a slave-dealer is a by-word and a reproach, we, as a nation, are about to open a new market to the traffickers in flesh that haunt the shambles of the South. Such an act, at this time, is removed from all reach of that palliation often vouchsafed to Slavery. This wrong, we are speciously told by those who seek to defend it, is not our original sin. It was entailed upon us, so we are instructed, by our ancestors; and the responsibility is often thrown, with exultation, upon the mother country. Now, without stopping to inquire into the value of this apology, which is never adduced in behalf of other abuses, and which availed nothing against that kingly power imposed by the mother country, but overthrown by our fathers, it is sufficient for the present purpose to know that it is now proposed to make Slavery our own original act. Here is a fresh case of actual transgression, which we cannot cast upon the shoulders of any progenitors, nor upon any mother country, distant in time or place. The Congress of the United States, the people of the United States, at this day, in this vaunted period of light, will be responsible for it, so that it shall be said hereafter, so long as the dismal history of Slavery is read, that in the year of Christ 1854 a new and deliberate act was passed by which a vast territory was opened to its incursions.

Historic instances show how such an act will make us solitary among the nations. In autocratic Russia, the serfdom which constitutes the "peculiar institution" of that great empire is never allowed to travel with the imperial flag, according to American pretension, into provinces newly acquired by the common blood and treasure, but, by positive prohibition, in harmony with the general conscience, is carefully restricted within its ancient confines; and this prohibition--the Wilmot Proviso of Russia--is rigorously enforced on every side, in all the provinces, as in Bessarabia on the south, and Poland on the west, so that, in fact, no Russian nobleman is able to move into these important territories with his slaves. Thus Russia speaks for Freedom, and disowns the slaveholding dogma of our country. India, the land of caste, and Turkey, the abode of polygamy, both fasten upon Slavery the stigma of reprobation. The Barbary States of Africa, occupying the same parallels of latitude with the Slave States of our Union, and resembling them in the nature of their boundaries, their productions, their climate, and the "peculiar institution" which sought shelter in both, are changed into Abolitionists. Algiers, seated on the line of 36° 30´, is dedicated to Freedom. Tunis and Morocco are doing likewise.

As the effort now making is extraordinary in character, so no assumption seems too extraordinary to be advanced in its support. The primal truth of the Equality of Men, proclaimed in our Declaration of Independence, is assailed, and this Great Charter of our country discredited. Sir, you and I will soon pass away, but that charter will continue to stand above impeachment or question. The Declaration of Independence was a Declaration of Rights, and the language employed, though general in character, must obviously be confined within the design and sphere of a Declaration of Rights, involving no such pitiful absurdity as was attributed to it yesterday by the Senator from Indiana [Mr. PETTIT]. Sir, who has pretended that all men are born equal in physical strength or in mental capacities, in beauty of form or health of body? Certainly not the signers of the Declaration of Independence, who could have been guilty of no such self-stultification. Diversity is the law of creation, unrestricted to race or color. But as God is no respecter of persons, and as all are equal in his sight, both Dives and Lazarus, master and slave, so are all equal in natural inborn rights; and pardon me, if I say it is a mere quibble to adduce, in argument against this vital axiom of Liberty, the physical or mental inequalities by which men are characterized, or the unhappy degradation to which, in violation of a common brotherhood, they are doomed. To deny the Declaration of Independence is to rush on the bosses of the shield of the Almighty,--which, in all respects, the supporters of this measure seem to do.