Charles Sumner: his complete works, volume 05 (of 20)
Part 12
To the charge of fanaticism I also reply. Sir, fanaticism is found in an enthusiasm or exaggeration of opinion, particularly on religious subjects; but there may be fanaticism for evil as well as for good. Now I will not deny that there are persons among us loving Liberty too well for personal good in a selfish generation. Such there may be; and, for the sake of their example, would that there were more! In calling them “fanatics,” you cast contumely upon the noble army of martyrs, from the earliest day down to this hour,--upon the great tribunes of human rights, by whom life, liberty, and happiness on earth have been secured,--upon the long line of devoted patriots, who, throughout history, have truly loved their country,--and upon all who, in noble aspiration for the general good, and in forgetfulness of self, have stood out before their age, and gathered into their generous bosoms the shafts of tyranny and wrong, in order to make a pathway for Truth;--you discredit Luther, when alone he nailed his articles to the door of the church at Wittenberg, and then to the imperial demand that he should retract firmly replied, “Here I stand; I cannot do otherwise, so help me God!” you discredit Hampden, when alone he refused to pay the few shillings of ship money, and shook the throne of Charles the First; you discredit Milton, when, amidst the corruptions of a heartless court, he lived on, the lofty friend of Liberty, above question or suspicion; you discredit Russell and Sidney, when, for the sake of country, they calmly turned from family and friends, to tread the steps of the scaffold; you discredit those early founders of American institutions, who preferred the hardships of a wilderness, surrounded by a savage foe, to injustice on beds of ease; you discredit our later fathers, who, few in numbers and weak in resources, yet strong in their cause, did not hesitate to brave the mighty power of England, already encircling the globe with her morning drumbeats. Yes, Sir, of such are the fanatics, according to the Senator. But I tell the Senator that there are characters, badly eminent, of whose fanaticism there can be no question. Such were the ancient Egyptians, who worshipped divinities in brutish forms; the Druids, who darkened the forests of oak, in which they lived, by sacrifices of blood; the Mexicans, who surrendered countless victims to the propitiation of obscene idols; the Spaniards, who, under Alva, sought to force the Inquisition upon Holland, by a tyranny kindred to that now employed to force Slavery upon Kansas; and such were the Algerines, when, in solemn conclave, after listening to a speech not unlike that of the Senator from South Carolina, they resolved to continue the slavery of white Christians, and to extend it over countrymen of Washington,--ay, Sir, extend it! And in this same dreary catalogue faithful History must record all who now, in an enlightened age, and in a land of boasted Freedom, stand up, in perversion of the Constitution, and in denial of immortal truth, to fasten a new shackle upon their fellow-man. If the Senator wishes to see fanatics, let him look round among his own associates,--let him look at himself.
But I have not done with the Senator. There is another matter regarded by him of such consequence that he interpolated it into the speech of the Senator from New Hampshire [Mr. HALE], and also announced that he had prepared himself with it, to take in his pocket all the way to Boston, when he expected to address the people there.[65] On this account, and for the sake of truth, I stop for one moment and tread it to the earth. The North, according to the Senator, was engaged in the slave-trade, and helped to introduce slaves into the Southern States; and this undeniable fact he proposed to establish by statistics, in giving which his errors exceeded his sentences in number. I let these pass for the present, that I may deal with his argument. Pray, Sir, is acknowledged turpitude in a departed generation to become the example for us? And yet the suggestion, if entitled to any consideration in this discussion, must have this extent. I join my friend from New Hampshire in thanking the Senator from South Carolina for this instance, since it gives me opportunity to say that the Northern merchants, with homes in Boston, Bristol, Newport, New York, and Philadelphia, who catered for Slavery during the years of the slave-trade, are lineal progenitors of the Northern men, with homes in these places, who lend themselves to Slavery in our day,--and especially that all, whether North or South, who take part, directly or indirectly, in the conspiracy against Kansas, do but continue the work of the slave-traders, which you condemn. It is true, too true, alas! that our fathers were engaged in this traffic; but that is no apology for it. And in repelling the authority of this example, I repel also the trite argument founded on the earlier example of England. It is true that our mother country, at the Peace of Utrecht, extorted from Spain the shameful Asiento, securing the monopoly of the slave-trade with the Spanish Colonies, as part pay for the blood of great victories,--that she higgled at Aix-la-Chapelle for another lease of this exclusive traffic,--and again at the Treaty of Madrid bartered the wretched piracy for money. It is true that in this spirit the power of the mother country was prostituted to the same base ends in her American Colonies, against indignant protests from our fathers. All these things now rise in judgment against her. Let us not follow the Senator from South Carolina to do the very evil which in another generation we condemn.
As the Senator from South Carolina is the Don Quixote, so the Senator from Illinois [Mr. DOUGLAS] is the squire of Slavery, its very Sancho Panza, ready to do its humiliating offices. This Senator, in his labored address vindicating his labored report,--piling one mass of elaborate error upon another mass,--constrained himself, as you will remember, to unfamiliar decencies of speech. Of that address I have nothing to say at this moment, though before I sit down I shall show something of its fallacies. But I go back now to an earlier occasion, when, true to native impulses, he threw into this discussion, “for a charm of powerful trouble,” personalities most discreditable to this body. I will not stop to repel imputations which he cast upon myself; but I mention them to remind you of the “sweltered venom sleeping got,” which, with other poisoned ingredients, he cast into the caldron of this debate. Of other things I speak. Standing on this floor, the Senator issued his rescript requiring submission to the Usurped Power of Kansas; and this was accompanied by a manner--all his own--befitting the tyrannical threat. Very well. Let the Senator try. I tell him now that he cannot enforce any such submission. The Senator, with the Slave Power at his back, is strong; but he is not strong enough for this purpose. He is bold. He shrinks from nothing. Like Danton, he may cry, “_De l’audace! encore de l’audace! et toujours de l’audace!_” but even his audacity cannot compass this work. The Senator copies the British officer who with boastful swagger said that with the end of his sword he would cram the “stamps” down the throats of the American people; and he will meet a similar failure. He may convulse this country with civil feud. Like the ancient madman, he may set fire to this Temple of Constitutional Liberty, grander than Ephesian dome; but he cannot enforce obedience to that tyrannical Usurpation.
The Senator dreams that he can subdue the North. He disclaims the open threat, but his conduct implies it. How little that Senator knows himself, or the strength of the cause which he persecutes! He is but mortal man; against him is immortal principle. With finite power he wrestles with the infinite, and he must fall. Against him are stronger battalions than any marshalled by mortal arm,--the inborn, ineradicable, invincible sentiments of the human heart; against him is Nature with all her subtile forces; against him is God. Let him try to subdue these.
Passing from things which, though touching the very heart of the discussion, are yet preliminary, I press at once to the main question.
I.
I undertake, in the first place, to expose the CRIME AGAINST KANSAS, in origin and extent. Logically this is the beginning of the argument. I say Crime, and deliberately adopt this strongest term, as better than any other denoting the consummate transgression. I would go further, if language could further go. It is the _Crime of Crimes_,--surpassing far the old _Crimen Majestatis_, pursued with vengeance by the laws of Rome, and containing all other crimes, as the greater contains the less. I do not go too far, when I call it the _Crime against Nature_, from which the soul recoils, and which language refuses to describe. To lay bare this enormity I now proceed. The whole subject has become a twice-told tale, and its renewed recital will be a renewal of sorrow and shame; but I shall not hesitate. The occasion requires it from the beginning.
It is well remarked by a distinguished historian of our country, that, “at the Ithuriel touch of the Missouri discussion, the Slave Interest, hitherto hardly recognized as a distinct element in our system, started up portentous and dilated,”[66] with threats and assumptions which are the origin of our existing national politics. This was in 1820. The debate ended with the admission of Missouri as a Slaveholding State, and the prohibition of Slavery in all the remaining territory west of the Mississippi and north of 36° 30´, leaving the condition of other territory south of this line, or subsequently acquired, untouched by the arrangement. Here was a solemn act of legislation, called at the time compromise, covenant, compact, first brought forward in this body by a slaveholder, vindicated in debate by slaveholders, finally sanctioned by slaveholding votes,--also upheld at the time by the essential approbation of a slaveholding President, James Monroe, and his Cabinet, of whom a majority were slaveholders, including Mr. Calhoun himself; and this compromise was made the condition of the admission of Missouri, without which that State could not have been received into the Union. The bargain was simple, and was applicable, of course, only to the territory named. Leaving all other territory to await the judgment of another generation, the South said to the North, Conquer your prejudices so far as to admit Missouri as a Slave State, and, in consideration of this much coveted boon, Slavery shall be prohibited “forever” (mark here the word “_forever_”)[67] in all the remaining Louisiana Territory above 36° 30´; and the North yielded.
In total disregard of history, the President, in his annual message, tells us that this compromise “was _reluctantly_ acquiesced in by Southern States.” Just the contrary is true. It was the work of slaveholders, and by their concurring votes was crowded upon a reluctant North. It was hailed by slaveholders as a victory. Charles Pinckney, of South Carolina, in an oft quoted letter, written at eight o’clock on the night of its passage, says: “It is considered here by the Slaveholding States as a great triumph.”[68] At the North it was accepted as a defeat, and the friends of Freedom everywhere throughout the country bowed their heads with mortification. Little did they know the completeness of their disaster. Little did they dream that the prohibition of Slavery in the territory, which was stipulated as the price of their fatal capitulation, would also, at the very moment of its maturity, be wrested from them.
Time passed, and it became necessary to provide for this territory an organized government. Suddenly, without notice in the public press, or the prayer of a single petition, or one word of open recommendation from the President, after an acquiescence of thirty-four years, and the irreclaimable possession by the South of its special share under this compromise, in breach of every obligation of honor, compact, and good neighborhood, and in contemptuous disregard of the outgushing sentiments of an aroused North, this time-honored Prohibition--in itself a Landmark of Freedom--was overturned, and the vast region now known as Kansas and Nebraska was opened to Slavery. It is natural that a measure thus repugnant in character should be pressed by arguments mutually repugnant. It was urged on two principal reasons, so opposite and inconsistent as to fight with each other: one being, that, by the repeal of the Prohibition, the Territory would be left open to the entry of slaveholders with their slaves, without hindrance; and the other being, that the people would be left absolutely free to determine the question for themselves, and to prohibit the entry of slaveholders with their slaves, if they should think best. With some the apology was the alleged rights of slaveholders; with others it was the alleged rights of the people. With some it was openly the extension of Slavery; and with others it was openly the establishment of Freedom, under the guise of Popular Sovereignty. The measure, thus upheld in defiance of reason, was carried through Congress in defiance of all securities of legislation. These things I mention that you may see in what foulness the present Crime was engendered.
It was carried, _first_, by _whipping in_, through Executive influence and patronage, men who acted against their own declared judgment and the known will of their constituents; _secondly_, by _thrusting out of place_, both in the Senate and House of Representatives, important business, long pending, and usurping its room; _thirdly_, by _trampling under foot_ the rules of the House of Representatives, always before the safeguard of the minority; and, _fourthly_, by _driving it to a close_ during the very session in which it originated, so that it might not be arrested by the indignant voice of the People. Such are some of the means by which this snap judgment was obtained. If the clear will of the people had not been disregarded, it could not have passed. If the Government had not nefariously interposed, it could not have passed. If it had been left to its natural place in the order of business, it could not have passed. If the rules of the House and the rights of the minority had not been violated, it could not have passed. If it had been allowed to go over to another Congress, when the People might be heard, it would have been ended; and then the Crime we now deplore would have been without its first seminal life.
Mr. President, I mean to keep absolutely within the limits of parliamentary propriety. I make no personal imputations, but only with frankness, such as belongs to the occasion and my own character, describe a great historical act, now enrolled in the Capitol. Sir, the Nebraska Bill was in every respect a swindle. It was a swindle of the North by the South. On the part of those who had already completely enjoyed their share of the Missouri Compromise, it was a swindle of those whose share was yet absolutely untouched; and the plea of unconstitutionality set up--like the plea of usury after the borrowed money has been enjoyed--did not make it less a swindle. Urged as a bill of peace, it was a swindle of the whole country. Urged as opening the doors to slave-masters with their slaves, it was a swindle of Popular Sovereignty in its asserted doctrine. Urged as sanctioning Popular Sovereignty, it was a swindle of slave-masters in their asserted rights. It was a swindle of a broad territory, thus cheated of protection against Slavery. It was a swindle of a great cause, early espoused by Washington, Franklin, and Jefferson, surrounded by the best fathers of the Republic. Sir, it was a swindle of God-given, inalienable rights. Turn it over, look at it on all sides, and it is everywhere a swindle; and if the word I now employ has not the authority of classical usage, it has, on this occasion, the indubitable authority of fitness. No other word will adequately express the mingled meanness and wickedness of the cheat.
Its character is still further apparent in the general structure of the bill. Amidst overflowing professions of regard for the sovereignty of the people in the Territory, they are despoiled of every essential privilege of sovereignty. They are not allowed to choose Governor, Secretary, Chief Justice, Associate Justices, Attorney, or Marshal,--all of whom are sent from Washington; nor are they allowed to regulate the salaries of any of these functionaries, or the daily allowance of the legislative body, or even the pay of the clerks and door-keepers: but they are left free to adopt Slavery. And this is nicknamed Popular Sovereignty! Time does not allow, nor does the occasion require, that I should stop to dwell on this transparent device to cover a transcendent wrong. Suffice it to say, that Slavery is in itself an arrogant denial of human rights, and by no human reason can the power to establish such a wrong be placed among the attributes of any just sovereignty. In refusing it such a place, I do not deny popular rights, but uphold them, I do not restrain popular rights, but extend them. And, Sir, to this conclusion you must yet come, unless deaf, not only to the admonitions of political justice, but also to the genius of our Constitution, under which, when properly interpreted, no valid claim for Slavery can be set up anywhere in the National territory. The Senator from Michigan [Mr. CASS] may say, in response to the Senator from Mississippi [Mr. BROWN], that Slavery cannot go into the Territory, under the Constitution, without legislative introduction; and permit me to add, in response to both, that Slavery cannot go there at all. _Nothing can come out of nothing_; and there is absolutely nothing in the Constitution out of which Slavery can be derived, while there are provisions, which, when properly interpreted, make its existence anywhere within the exclusive National jurisdiction impossible.
The offensive provision in the bill is in its form a legislative anomaly, utterly wanting the natural directness and simplicity of an honest transaction. It does not undertake openly to repeal the old Prohibition of Slavery, but seems to mince the matter, as if conscious of the swindle. It says that this Prohibition, “being inconsistent with the principle 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.” Thus, with insidious ostentation, is it pretended that an act violating the greatest compromise of our legislative history, and loosening the foundations of all compromise, is derived out of a compromise. Then follows in the bill the further declaration, entirely without precedent, which has been aptly called “a stump speech in its belly,” namely, “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.”[69] Here are smooth words, such as belong to a cunning tongue enlisted in a bad cause. But whatever may have been their various hidden meanings, this at least is evident, that, by their effect, the Congressional prohibition of Slavery, which had always been regarded as a seven-fold shield, covering the whole Louisiana Territory north of 36° 30´, is now removed, while a principle is declared which renders the supplementary prohibition of Slavery in Minnesota, Oregon, and Washington “inoperative and void,” and thus opens to Slavery all these vast regions, now the rude cradles of mighty States. Here you see the magnitude of the mischief contemplated. But my purpose is with the Crime against Kansas, and I shall not stop to expose the conspiracy beyond.
Mr. President, men are wisely presumed to intend the natural consequences of their conduct, and to seek what their acts seem to promote. Now the Nebraska Bill, on its very face, openly clears the way for Slavery, and it is not wrong to presume that its originators intended the natural consequences of such an act, and sought in this way to extend Slavery. Of course they did. And this is the first stage in the Crime against Kansas.
This was speedily followed by other developments. It was soon whispered that Kansas must be a Slave State. In conformity with this barefaced scheme was the Government of this unhappy Territory organized in all its departments; and thus did the President, by whose complicity the Prohibition of Slavery was overthrown, lend himself to a new complicity,--giving to the conspirators a lease of connivance, amounting even to copartnership. The Governor, Secretary, Chief Justice, Associate Justices, Attorney, and Marshal, with a whole caucus of other stipendiaries, nominated by the President and confirmed by the Senate, are all commended as friendly to Slavery. No man with the sentiments of Washington or Jefferson or Franklin finds favor; nor is it too much to say, that, had these great patriots once more come among us, not one of them, with his recorded, unretracted opinions on Slavery, could be nominated by the President or confirmed by the Senate for any post in that Territory. With such auspices the conspiracy proceeded. Even in advance of the Nebraska Bill, secret societies were organized in Missouri, ostensibly to protect her institutions, and afterwards, under the name of “Self-Defensive Associations” and “Blue Lodges,” these were multiplied throughout the western counties of that State, _before any counter movement from the North_. It was confidently anticipated, that, by the activity of these societies, and the interest of slaveholders everywhere, with the advantage derived from the neighborhood of Missouri and the influence of the Territorial Government, Slavery might be introduced into Kansas, quietly, but surely, without arousing conflict,--that the crocodile egg might be stealthily dropped in the sunburnt soil, there to be hatched, unobserved until it sent forth its reptile monster.
But the conspiracy was unexpectedly balked. The debate, which convulsed Congress, stirred the whole country. From all sides attention was directed upon Kansas, which at once became the favorite goal of emigration. The bill loudly declares that its object is “to leave the people perfectly free to form and regulate their domestic institutions in their own way”; and its supporters everywhere challenge the determination of the question between Freedom and Slavery by a competition of emigration. Thus, while opening the Territory to Slavery, the bill also opens it to emigrants from every quarter, who may by votes redress the wrong. The populous North, stung by sense of outrage, and inspired by a noble cause, are pouring into the debatable land, and promise soon to establish a supremacy of numbers there, involving, of course, a just supremacy of Freedom.
Then was conceived the consummation of the Crime against Kansas. What could not be accomplished peaceably was to be accomplished forcibly. The reptile monster, that could not be quietly and securely hatched there, is to be pushed full-grown into the Territory. All efforts are now applied to the dismal work of forcing Slavery upon Free Soil. In flagrant derogation of the very Popular Sovereignty whose name helped to impose this bill upon the country, the atrocious object is distinctly avowed. And the avowal is followed by the act. Slavery is forcibly introduced into Kansas, and placed under formal safeguard of pretended law. How this is done belongs to the argument.