Part 9

This authoritative proposition of Compromise from the most powerful advocate of the unconditional admission of Missouri, was made in the Senate on the 15th of February. From various indications, it seems to have found prompt favor in that body. On the 16th of February, the union of Maine and Missouri in one bill prevailed there by twenty-three yeas to twenty-one nays. The next day, Mr. Thomas, of Illinois, who had always voted with the South against any restriction upon Missouri, introduced the famous clause prohibiting Slavery in territory north of 36° 30´ outside this State, which constitutes the eighth section of the Missouri Act. An effort was made to include within the prohibition "the whole country west of the Mississippi, except Louisiana, Arkansas, and Missouri"; but the South united against such extension of the area of Freedom, and it was defeated by twenty-four nays to twenty yeas. The prohibition, as moved by Mr. Thomas, then prevailed by thirty-four yeas to only ten nays. Among those in the affirmative were both the Senators from each of the Slave States, Louisiana, Tennessee, Kentucky, Delaware, Maryland, and Alabama, and also one of the Senators from each of the Slave States, Mississippi and North Carolina, including in the honorable list the familiar names of William Pinkney, James Brown, and William Rufus King.

This bill, thus amended, is the first legislative embodiment of the Missouri Compact or Compromise, the essential conditions of which were the admission of Missouri as a State without any restriction of Slavery, and the prohibition of Slavery in all the remaining territory of Louisiana north of 36° 30´.[52] Janus-faced, with one front towards Freedom and another towards Slavery, this must not be confounded with the simpler proposition of Mr. Taylor, at the preceding session, to prohibit Slavery in all the territory north of 36° 30´, including Missouri. The compromise now brought forward, following the early lead of Mr. McLane, both recognized and prohibited Slavery north of 36° 30´. Here, for the first time, these two opposite principles commingled in one legislative channel; and it is immediately subsequent to this junction that we discern the precise responsibility assumed by different parties. And now observe the indubitable and decisive fact. This bill, thus composed, containing these two elements, this double measure, finally passed the Senate by a test vote of twenty-four yeas to twenty nays. The yeas embraced every Southern Senator except Nathaniel Macon, of North Carolina, and William Smith, of South Carolina.

MR. BUTLER, of South Carolina (_interrupting_), Mr. Gaillard, of South Carolina, voted with Mr. Smith.

MR. SUMNER. No, Sir: the Journal, which I now hold in my hand, shows that he voted for the bill with the Compromise. I repeat, that the yeas on this vital question embraced every Southern Senator except Mr. Macon and Mr. Smith. The nays embraced every Northern Senator, except the two Senators from Illinois, one Senator from Rhode Island, and one from New Hampshire. And this, Sir, is the record of the first stage in the adoption of the Missouri Compromise. First openly announced and vindicated on the floor of the Senate by a distinguished Southern statesman, it was forced on the North by an almost unanimous Southern vote.

[52] The eminent Judge Story, who was then in Washington, mentions these conditions in a private letter, under date of February 27, 1820, as follows: "There is a great deal of heat and irritation, but most probably a compromise will take place, admitting Missouri into the Union without the restriction, and imposing it on all the other Territories."--_Letter to Stephen White, Esq._: Life and Letters of Story, Vol. I. pp. 362, 363.

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While things had thus culminated in the Senate, discussion was still proceeding in the House on the original Missouri Bill. This was for a moment arrested by the reception from the Senate of the Maine Bill, amended by tacking to it a bill for the admission of Missouri, embodying the Compromise. Upon this the debate was brief and the decision prompt. The House was not disposed to abandon the substantial restriction of Slavery in Missouri for what seemed its unsubstantial prohibition in an unsettled territory. The Senate's amendments to the Maine Bill were all rejected, and the bill left in its original condition. This was done by large votes. Even the Prohibition of Slavery was thrown out, by one hundred and fifty-nine yeas to eighteen nays, both North and South uniting against it,--though, in this small, but persistent minority, we find two Southern statesmen, Samuel Smith and Charles Fenton Mercer. The Senate, on receiving the bill back from the House, insisted on their amendments. The House in turn insisted on their disagreement. According to parliamentary usage, a Committee of Conference between the two Houses was now appointed. Mr. Thomas, of Illinois, Mr. Pinkney, of Maryland, and Mr. James Barbour, of Virginia, composed this important Committee on the part of the Senate; and Mr. Holmes, of Massachusetts, from the District of Maine, Mr. Taylor, of New York, Mr. Lowndes, of South Carolina, Mr. Parker, of Massachusetts, and Mr. Kinsey, of New Jersey, on the part of the House.

Meanwhile the House voted on the original Missouri Bill. An amendment peremptorily interdicting all Slavery in the new State was adopted by ninety-four yeas to eighty-six nays; and thus the bill passed the House and was sent to the Senate on the 1st of March. So, after an exasperated and protracted discussion, the two Houses were at a dead-lock. The double-headed Missouri Compromise was the ultimatum of the Senate. The restriction of Slavery in Missouri, involving, of course, its prohibition in all the unorganized territories, was the ultimatum of the House.

At this stage, on the 2d of March, the Committee of Conference made their report, which was urged at once upon the House by Mr. Lowndes, the distinguished representative from South Carolina, and one of her most cherished sons. And here, Sir, at the mention of this name, still so fragrant among us, let me for one moment stop this current of history, to express the honest admiration with which he inspires me. Mr. Lowndes died before my memory of political events, but he is still endeared by the self-abnegation of a single utterance,--_that the Presidency is an office not to be sought or declined_,--a sentiment which by its beauty, in one part at least, shames the vileness of aspiration in our day. Such a man, on any occasion, would be a host; but he now threw his great soul into the work. He even objected to a motion to print the Report, on the ground "that it would imply a determination in the House to delay a decision of the subject to-day, which he had hoped the House was fully prepared for." The question then followed on striking out the restriction in the Missouri Bill. The report in the "National Intelligencer"[53] says:--

"Mr. Lowndes spoke briefly in support of the Compromise recommended by the Committee of Conference, and urged with great earnestness the propriety of a decision which would restore tranquillity to the country, which was demanded by every consideration of discretion, of moderation, of wisdom, and of virtue."

"Mr. Mercer [of Virginia] followed on the same side with great earnestness, and had spoken about half an hour, when he was compelled by indisposition to resume his seat."

[53] See also Annals of Congress, _ut supra_, II. 1578, 1586, March 2, 1820.

Such efforts, pressed with Southern ardor, were not unavailing. In conformity with the report of the Committee, the whole question was forthwith put at rest. Maine and Missouri were admitted into the Union as independent States. The restriction of Slavery in Missouri was abandoned by a vote in the House of ninety yeas to eighty-seven nays; and the prohibition of Slavery in territories north of 36° 30´, exclusive of Missouri, was substituted by a vote of one hundred and thirty-four yeas to forty-two nays. Among the distinguished Southern names in the affirmative are Louis McLane, of Delaware, Samuel Smith, of Maryland, William Lowndes, of South Carolina, and Charles Fenton Mercer, of Virginia. The title of the Missouri Bill was amended in conformity with this prohibition, by adding the words, "and to prohibit Slavery in certain Territories." _The bills then passed both Houses without a division_; and on the morning of the 3d of March, 1820, the "National Intelligencer" contained an exulting article, entitled "The Question Settled."

Another paper, published in Baltimore, immediately after the passage of the Compromise, vindicated it as a perpetual compact, which could not be disturbed. The language is so clear and strong that I will read it, although it has been already quoted by my able and excellent friend from Ohio [Mr. CHASE].

"_It is true, the Compromise is supported only by the letter of a law repealable by the authority which enacted it; but the circumstances of the case give to this law a MORAL FORCE equal to that of a positive provision of the Constitution; and we do not hazard anything by saying that the Constitution exists in its observance._ Both parties have sacrificed much to conciliation. _We wish to see the COMPACT kept in good faith_, and trust that a kind Providence will open the way to relieve us of an evil which every good citizen deprecates as the supreme curse of this country."[54]

[54] Niles's Weekly Register, March 11, 1820.

Sir, the distinguished leaders in this settlement were all from the South. As early as February, 1819, Louis McLane, of Delaware, urged it upon Congress, in the form of a "compact binding upon all subsequent Legislatures." It was in 1820 brought forward and upheld in the Senate by William Pinkney, of Maryland, and passed in that body by the vote of every Southern Senator except two, against the vote of every Northern Senator except four. In the House it was welcomed at once by Samuel Smith, of Maryland, and Charles Fenton Mercer, of Virginia. The Committee of Conference, through which it finally prevailed, was filled, on the part of the Senate, with inflexible partisans of the South, such as might fitly represent the sentiments of its President, John Gaillard, a Senator from South Carolina; on the part of the House, it was nominated by Henry Clay, the Speaker, a Representative from Kentucky. This Committee, thus constituted, drawing its double life from the South, was unanimous in favor of the Compromise, with but one dissenting voice, and that from the North,--John W. Taylor, of New York. A private letter from Mr. Pinkney, written at the time, and preserved by his distinguished biographer, shows that the report made by the Committee came from him.

"The bill for the admission of Missouri into the Union (_without_ restriction as to Slavery) may be considered as passed. That bill was sent back again this morning from the House, _with the restriction as to Slavery_. The Senate voted to amend it by striking out the restriction (twenty-seven to fifteen), and proposed, as another amendment, _what I have all along been the advocate of, a restriction upon the vacant territory to the north and west, as to Slavery_. To-night the House of Representatives have agreed to _both_ of these amendments, in opposition to their former votes, and this affair is settled. To-morrow we shall (of course) recede from our amendments as to Maine (our object being effected), and both States will be admitted. _This happy result has been accomplished by the Conference, of which I was a member on the part of the Senate, and of which I proposed the report which has been made._"[55]

[55] Wheaton's Life of Pinkney, p. 167.

Thus again the Compromise takes its life from the South. Proposed in the Committee by Mr. Pinkney, it was urged on the House of Representatives, with great earnestness, by Mr. Lowndes, of South Carolina, and Mr. Mercer, of Virginia: and here again is the most persuasive voice of the South. When passed by Congress, it next came before the President, James Monroe, of Virginia, for his approval, who did not sign it till after the _unanimous_ opinion, in writing, of his Cabinet, composed of John Quincy Adams, William H. Crawford, John C. Calhoun, Smith Thompson, and William Wirt,--a majority of whom were Southern men,--that the prohibition of Slavery in the Territories was constitutional. Thus yet again the Compromise takes its life from the South.

As the Compromise took its life from the South, so, in the judgment of its own statesmen at the time, and according to unquestionable facts, the South was the conquering party. It gained forthwith its darling desire, the first and essential stage in the admission of Missouri as a Slave State, successfully consummated at the next session,--and subsequently the admission of Arkansas, also as a Slave State. From the crushed and humbled North it received more than the full consideration stipulated in its favor. On the side of the North the contract has been more than executed. And now the South refuses to perform the part which it originally proposed and assumed in this transaction. With the consideration in its pocket, it repudiates the bargain which it forced upon the country. This, Sir, is a simple statement of the present question.

A subtile German has declared that he could find heresies in the Lord's Prayer; and I believe it is only in this spirit that any flaw can be found in the existing obligations of this compact. As late as 1848, in the discussions of this body, the Senator from Virginia [Mr. MASON], who usually sits behind me, but who is not now in his seat, while condemning it in many aspects, says:--

"Yet, as it was agreed to, as a Compromise, by the _South_, for the sake of the Union, _I would be the last to disturb it_."[56]

[56] Congressional Globe, 30th Cong. 1st Sess., Vol. XIX., Appendix, p. 887.

Even this determined Senator recognized it as an obligation which he would not disturb. And, though disbelieving the original constitutionality of the arrangement, he was clearly right. I know, Sir, that it is in form simply a Legislative Act; but as the Act of Settlement in England, declaring the rights and liberties of the subject and settling the succession of the Crown, has become a permanent part of the British Constitution, irrepealable by any common legislation, so this Act, under all the circumstances attending its passage, also by long acquiescence, and the complete performance of its conditions by one party, has become part of our fundamental law, irrepealable by any common legislation. As well might Congress at this moment undertake to overhaul the original purchase of Louisiana as unconstitutional, and now, on this account, thrust away that magnificent heritage, with all its cities, States, and Territories, teeming with civilization. The Missouri Compact, in its unperformed obligations to Freedom, stands at this day as impregnable as the Louisiana purchase.

I appeal to Senators about me not to disturb it. I appeal to the Senators from Virginia to keep inviolate the compact made in their behalf by James Barbour and Charles Fenton Mercer. I appeal to the Senators from South Carolina to guard the work of John Gaillard and William Lowndes. I appeal to the Senators from Maryland to uphold the Compromise which elicited the constant support of Samuel Smith, and was first triumphantly pressed by the unsurpassed eloquence of Pinkney. I appeal to the Senators from Delaware to maintain the landmark of Freedom in the Territory of Louisiana early proposed by Louis McLane. I appeal to the Senators from Kentucky not to repudiate the pledges of Henry Clay. I appeal to the Senators from Alabama not to break the agreement sanctioned by the earliest votes in the Senate of their late most honored fellow-citizen, William Rufus King. Sir, I have heard of honor that felt a stain like a wound. If there be any such in this Chamber,--and surely there is,--it will hesitate to take upon itself the stain of this transaction.

Sir, Congress may now set aside this obligation, repudiate this plighted faith, annul this compact; and some of you, forgetful of the _majesty of honest dealing_, in order to support Slavery, may consider it advantageous to use this power. To all such let me commend a familiar story. An eminent leader in Antiquity, Themistocles, once announced to the Athenian Assembly, that he had a scheme in contemplation, highly beneficial to the State, but which could not be made public. He was thereupon directed to communicate it to Aristides, surnamed the Just, and, if approved by him, to put it in execution. The brief and memorable judgment of Aristides was, that, while nothing could be more advantageous to Athens, nothing could be more unjust; and the Assembly, responding at once, commanded that the project should be abandoned. It appears that it was proposed to burn the combined Greek fleet, then enjoying the security of peace in a neighboring sea, and thus confirm the naval supremacy of Athens.[57] A similar proposition is now brought before the American Senate. You are asked to destroy a safeguard of Freedom, consecrated by solemn compact, under which the country is reposing in the security of peace, and thus confirm the supremacy of Slavery. To this institution and its partisans the proposition may seem advantageous; but nothing can be more unjust. Let the judgment of the Athenian democracy be yours.

This is what I have to say upon this head. I now pass to the second branch of the argument.

[57] Plutarch, Themistocles.

II.

Mr. President,--It is not only as an infraction of solemn compact, embodied in ancient law, that I oppose this bill; I arraign it as a flagrant and extravagant departure from the original policy of our fathers, consecrated by their lives, opinions, and acts.

[Here Mr. Sumner proceeded to set forth the Antislavery policy at the foundation of the Government,--less fully than in the earlier speech, _Freedom National, Slavery Sectional_, but substantially in the same vein. After alluding to the memorial of Franklin, addressed to the first Congress under the Constitution, he proceeded as follows.]

The memorial of Franklin, with other memorials of a similar character, was referred to a Committee, and much debated in the House, which finally sanctioned the following resolution, and directed the same to be entered upon its Journals, namely:--

"That Congress have no authority to interfere in the emancipation of slaves, or in the treatment of them, within any of the States: _it remaining with the several States alone to provide any regulations therein which humanity and true policy may require_."[58]

This resolution, declaring the principle of non-intervention by Congress with Slavery in the States, was adopted by the same Congress which had solemnly affirmed the Prohibition of Slavery in all the existing territory of the Union; so that one may be regarded as the complement of the other. And it is on these double acts, at the first organization of the Government, and the recorded sentiments of the founders, that I take my stand, and challenge all question.

In the country, at this time, there was strictly no dividing line between Antislavery and Proslavery. The Antislavery sentiment was thoroughly national, broad and general, pervading alike all parts of the Union, and uprising from the common heart of the entire people. The Proslavery interest was strictly personal and pecuniary, and had its source simply in the self-interest of individual slaveholders. It contemplated Slavery only as a domestic institution, not as a political element, and merely stipulated for its security where it actually existed within the States.

[58] Annals of Congress, 1st Cong. 2d Sess., II. 1472-74, March 23, 1790.

Sir, the original policy of the country, begun under the Confederation, and recognized at the initiation of the new Government, is clear and unmistakable. Compendiously expressed, it was _non-intervention by Congress with Slavery in the States, and its prohibition in all the national domain_. In this way discordant feelings on this subject were reconciled. Slave-masters were left at home in their respective States, under the protection of local laws, to hug Slavery without interference from Congress, while all opposed to it were exempted from any responsibility therefor in the national domain. This, Sir, is the common ground on which our political fabric was reared; and I do not hesitate to say that it is the only ground on which it can stand in permanent peace.

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Our Republic has swollen in population and power, but it has shrunk in character. It is not now what it was in the beginning, a Republic merely permitting, while it regretted Slavery,--tolerating it only where it could not be removed, and interdicting it where it did not exist,--but a mighty Propagandist, openly favoring and vindicating it,--visiting, also, with displeasure all who oppose it.

Sir, our country early reached heights which it could not keep. Its fall was gentle, but complete. At the session of Congress immediately following the ratification of the Prohibition of Slavery in the national domain, a transfer of the territory now constituting Tennessee was accepted from North Carolina (2d April, 1790), loaded with the express proviso, "that no regulations made or to be made by Congress shall tend to emancipate slaves": a formal provision, which, while admitting the power of Congress over Slavery in the Territories, waived the prevailing policy of executing it. This was followed, in 1798, by the transfer from Georgia of the region between her present western limit and the Mississippi, under a similar condition. In both these cases apology may be found in the very terms of the transfer, and in the fact that the region constituted part of two States where Slavery actually existed,--though it will be confessed that even here there was a descent from that summit of Freedom on which the Nation had so proudly rested.

Without tracing this downward course through its successive stages, let me refer to facts which too palpably reveal the abyss that has been reached. Early in our history no man was disqualified for public office by reason of his opinions on this subject; and this condition continued for a long period. As late as 1820, John W. Taylor, Representative from New York, who pressed with so much energy, not merely the prohibition of Slavery in the Territories, but its restriction in the State of Missouri, was elected to the chair of Henry Clay, as Speaker of the other House. It is needless to add, that no determined supporter of the prohibition of Slavery in the Territories at this day could expect that eminent trust.... To such lowest deep has our Government descended!