Part 15

Next comes the _Apology imbecile_, which is founded on the alleged want of power in the President to arrest this Crime. It is openly asserted, that, under existing laws, the Chief Magistrate has no authority to interfere in Kansas for this purpose. Such is the broad statement, which, even if correct, furnishes no Apology for any proposed ratification of the Crime, but which is in reality untrue; and this I call the Apology of imbecility.

In other matters no such ostentatious imbecility appears. Only lately, a vessel of war in the Pacific has chastised the cannibals of the Feejee Islands for alleged outrage on American citizens. But no person of ordinary intelligence will pretend that American citizens in the Pacific have received wrongs from these cannibals comparable in atrocity to those suffered by American citizens in Kansas. Ah, Sir, the interests of Slavery are not touched by any chastisement of Feejees!

Constantly we are informed of efforts at New York, through the agency of the Government, and sometimes only on the breath of suspicion, to arrest vessels about to sail on foreign voyages in violation of our neutrality laws or treaty stipulations. Now no man familiar with the cases will presume to suggest that the urgency for these arrests is equal to the urgency for interposition against these successive invasions from Missouri. But the Slave Power is not disturbed by such arrests in New York.

At this moment the President exults in the vigilance with which he prevented the enlistment of a few soldiers, for transportation to Halifax, in breach of our territorial sovereignty, and England is bravely threatened, even to the extent of rupture of diplomatic relations, for her endeavor, though unsuccessful, and at once abandoned.[80] No man in his senses will urge that this act was anything but trivial by the side of the Crime against Kansas. But the Slave Power is not concerned in this controversy.

Thus, where the Slave Power is indifferent, the President will see that the laws are faithfully executed; but in other cases, where the interests of Slavery are at stake, he is controlled absolutely by this tyranny, ready at all times to do, or not to do, precisely as it dictates. Therefore it is that Kansas is left a prey to the Propagandists of Slavery, while the whole Treasury, the Army, and Navy of the United States are lavished to hunt a single slave through the streets of Boston. You have not forgotten the latter instance; but I choose to refresh it in your minds.

As long ago as 1851 the War Department and Navy Department concurred in placing the forces of the United States near Boston at the command of the Marshal, if needed for the enforcement of an Act of Congress which is without support in the public conscience, as I believe it without support in the Constitution; and thus these forces were degraded to the loathsome work of slave-hunters. More than three years afterwards an occasion arose for their intervention. A fugitive from Virginia, who for some days had trod the streets of Boston as a freeman, was seized as a slave. The whole community was aroused, while Bunker Hill and Faneuil Hall quaked with responsive indignation. Then, Sir, the President, anxious that no tittle of Slavery should suffer, was curiously eager in the enforcement of the statute. The despatches between him and his agents in Boston attest his zeal. Here are some of them.

“BOSTON, May 27, 1854.

“_To the President of the United States._

“In consequence of an attack upon the Court House last night, for the purpose of rescuing a fugitive slave under arrest, and in which one of my own guards was killed, _I have availed myself of the resources of the United States, placed under my control by letter from the War and Navy Departments in 1851_, and now have two companies of troops from Fort Independence stationed in the Court House. Everything is now quiet. The attack was repulsed by my own guard.

“WATSON FREEMAN.

“_United States Marshal, Boston, Mass._”

“WASHINGTON, May 27, 1854.

“_To_ WATSON FREEMAN, _United States Marshal, Boston, Mass._

“Your conduct is approved. The law must be executed.

“FRANKLIN PIERCE.”

“WASHINGTON, May 30, 1854.

“_To_ HON. B. F. HALLETT, _Boston, Mass._

“What is the state of the case of Burns?

“SIDNEY WEBSTER.

“_Private Secretary of the President._”

“WASHINGTON, May 31, 1854.

“_To_ B. F. HALLETT, _United States Attorney, Boston, Mass._

“Incur any expense deemed necessary by the Marshal and yourself for City Military, or otherwise, to insure the execution of the law.

“FRANKLIN PIERCE.”

The President was not content with the forces then on hand in the neighborhood. Other posts also were put under requisition. Two companies of national troops, stationed at New York, were kept under arms, ready at any moment to proceed to Boston; and the Adjutant-General of the Army was directed to repair to the scene, there to superintend the execution of the statute. All this was done for the sake of Slavery. But during long months of menace suspended over the Free Soil of Kansas, breaking forth in successive invasions, the President folds his hands in complete listlessness, or, if he moves at all, it is only to encourage the robber propagandists.

And now the intelligence of the country is insulted by the Apology, that the President had no power to interfere. Why, Sir, to make this confession is to confess our Government a practical failure, which I will never do,--except, indeed, as it is administered now. No, Sir, the imbecility of the Chief Magistrate shall not be charged upon American Institutions. Where there is a will, there is a way; and in his case, had the will existed, there would have been a way, easy and triumphant, to guard against the Crime we deplore. His powers are in every respect ample; and this I prove by the statute-book. By the Act of Congress of 28th February, 1795, it is enacted, “that, whenever the laws of the United States shall be opposed, _or the execution thereof obstructed_, in any State, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this Act, it shall be lawful for the President of the United States to call forth the militia.”[81] By the supplementary Act of 3d March, 1807, in all cases where he is authorized to call forth the militia “for the purpose of causing the laws to be duly executed,” the President is further empowered, in any State _or Territory_, “to employ for the same purposes such part of the land or naval force of the United States as shall be judged necessary.”[82] There is the letter of the law; and you will please to mark the power conferred. In no case, where _the laws of the United States_ are _opposed_, or their execution _obstructed_, is the President constrained to wait for the requisition of a Governor, or even the petition of a citizen. Just so soon as he learns the fact, no matter by what channel, he is invested by law with full power to counteract it. True it is, that, when _the laws of a State_ are obstructed, he can interfere only on the application of the Legislature of such State, or of the Executive, when the Legislature cannot be convened; but when the National laws are obstructed, no such preliminary application is necessary. It is his high duty, under his oath of office, to see that they are executed, and, if need be, by the National forces.

And, Sir, this is the precise exigency that arises in Kansas,--exactly this,--nor more, nor less. The Act of Congress constituting the very _organic law_ of the Territory, which, in peculiar phrase, as if to avoid ambiguity, declares, as its “true intent and meaning,” that the people thereof shall be left “perfectly free to form and regulate their domestic institutions in their own way,” has been from the beginning _opposed_ and _obstructed_ in its execution. If the President had power to employ the national forces in Boston, when he supposed the Fugitive Slave Bill was obstructed, and merely in anticipation of such obstruction, it is absurd to say that he has not power in Kansas, when, in the face of the whole country, the very _organic law_ of the Territory is trampled under foot by successive invasions, and the freedom of the people there overthrown. To assert ignorance of this obstruction--premeditated, long-continued, and stretching through months--attributes to him not merely imbecility, but idiocy. And thus do I dispose of this Apology.

* * * * *

Next comes the _Apology absurd_, which is, indeed, in the nature of pretext. It is alleged that a small printed pamphlet, containing the “Constitution and Ritual of the Grand Encampment and Regiments of the Kansas Legion,” was taken from the person of one George F. Warren, who attempted to avoid detection by chewing it. The oaths and grandiose titles of the pretended Legion are all set forth, and this poor mummery of a secret society, which existed only on paper, is gravely introduced on this floor, in order to extenuate the Crime against Kansas. It has been paraded in more than one speech, and even stuffed into the report of the Committee.

A part of the obligations assumed by the members of this Legion shows why it is thus pursued, while also attesting its innocence. It is as follows.

“I will never knowingly propose a person for membership in this order _who is not in favor of making Kansas a Free State_, and whom I feel satisfied will exert his entire influence to bring about this result. I will support, maintain, and abide by any honorable movement made by the organization to secure this great end, _which will not conflict with the laws of the country and the Constitution of the United States_.”[83]

Kansas is to be made a Free State by an honorable movement which will not conflict with the laws and the Constitution. That is the object of the organization, declared in the very words of the initiatory obligation. Where is the wrong in this? What is there here to cast reproach, or even suspicion, upon the people of Kansas? Grant that the Legion was constituted, can you extract from it any Apology for the original Crime, or for its present ratification? Secret societies, with extravagant oaths, are justly offensive; but who can find in this mistaken machinery any excuse for the denial of all rights to the people of Kansas? All this I say on the supposition that the society is a reality, which it is not. Existing in the fantastic brains of a few persons only, it never had any practical life. It was never organized. The whole tale, with the mode of obtaining the copy of the Constitution, is at once cock-and-bull story and mare’s nest,--trivial as the former, absurd as the latter,--and to be dismissed, with the Apology founded upon it, to the derision which triviality and absurdity justly receive.

* * * * *

It only remains, under this head, that I should speak of the _Apology infamous_,--founded on false testimony against the Emigrant Aid Company, and assumptions of duty more false than the testimony. Defying truth and mocking decency, this Apology excels all others in futility and audacity, while, from its utter hollowness, it proves the utter impotence of the conspirators to defend their Crime. Falsehood, always _infamous_, in this case arouses unwonted scorn. An association of sincere benevolence, faithful to the Constitution and laws, whose only fortifications are hotels, school-houses, and churches, whose only weapons are saw-mills, tools, and books, whose mission is peace and good-will, is grossly assailed on this floor, and an errand of blameless virtue made the pretext for an unpardonable Crime. Nay, more,--the innocent are sacrificed, and the guilty set at liberty. They who seek to do the mission of the Saviour are scourged and crucified, while the murderer, Barabbas, with the sympathy of the chief priests, goes at large.

Were I to take counsel of my own feelings, I should dismiss this whole Apology to the ineffable contempt which it deserves; but it is made to play such a part in this conspiracy, that I feel it a duty to expose it completely.

Sir, from the earliest times, men have recognized the advantages of organization, as an effective agency in promoting the business of life. Especially at this moment, there is no interest, public or private, high or low, of charity or trade, of luxury or convenience, which does not seek its aid. Men organize to rear churches and to make pins,--to build schools and to sail ships,--to construct roads and to manufacture toys,--to spin cotton and to print books,--to weave cloths and to increase harvests,--to provide food and to distribute light,--to influence Public Opinion and to secure votes,--to guard infancy in its weakness, old age in its decrepitude, and womanhood in its wretchedness; and now, in all large towns, when death has come, they are buried by organized societies, and, emigrants to another world,[84] they lie down in pleasant places, adorned by organized skill. To complain that this prevailing principle has been applied to living emigration is to complain of Providence and the irresistible tendencies implanted in man.

This application of the principle is no recent invention, brought forth for an existing emergency. It has the best stamp of Antiquity. It showed itself in the brightest days of Greece, where colonists moved in organized bands. It became part of the mature policy of Rome, where bodies of men were constituted expressly for this purpose,--_triumviri ad colonos deducendos_.[85] Naturally it is accepted in modern times by every civilized state. With the sanction of Spain, an association of Genoese merchants first introduced slaves to this continent. With the sanction of France, the Society of Jesuits stretched their labors over Canada and the Great Lakes to the Mississippi. It was under the auspices of Emigrant Aid Companies that our country was originally settled by the Pilgrim Fathers of Plymouth, by the Adventurers of Virginia, and by the philanthropic Oglethorpe, whose “benevolent soul,” commemorated by Pope, sought to plant a Free State in Georgia. At this day, such associations, of humbler character, are found in Europe, with offices in the great capitals, through whose activity emigrants are directed hither.

For a long time, emigration to the West, from the Northern and Middle States, but particularly from New England, has been of marked significance. In quest of better homes, annually it presses to the unsettled lands, in numbers counted by tens of thousands; but this has been done heretofore with little knowledge, and without guide or counsel. Finally, when, by the establishment of a government in Kansas, the tempting fields of that central region were opened to the competition of peaceful colonization, and especially when it was declared that the question of Freedom or Slavery there was to be determined by the votes of actual settlers, then at once was organization enlisted as an effective agency in quickening and conducting the emigration impelled thither, and, more than all, in providing homes on its arrival.

The Company was first constituted under an Act of the Legislature of Massachusetts, April 26, 1854, some weeks prior to the passage of the Nebraska Bill. The original act of incorporation was subsequently abandoned, and a new charter received in February, 1855, in which the objects of the Society are thus declared:--

“For the purposes of directing emigration westward, and _aiding in providing accommodations for the emigrants after arriving at their places of destination_.”[86]

At any other moment an association for these purposes would take its place, by general consent, among philanthropic experiments; but Crime is always suspicious, and shakes, like a sick man, merely at the pointing of a finger. The conspirators against Freedom in Kansas became alarmed at the movement. Their wicked plot was about to fail. To help themselves, they denounced the Emigrant Aid Company; and their denunciations, after finding an echo in the President, are repeated, with much particularity, on this floor, in the formal report of your Committee.

The falsehood of the whole accusation will appear in illustrative instances.

A charter is set out, section by section, which, though originally granted, was subsequently abandoned, and is not in reality the charter of the Company, but is materially unlike it.

The Company is represented as “a powerful corporation, with a capital of five millions,” when, by its actual charter, it is not allowed to hold property above one million, and, in point of fact, its capital has not exceeded one hundred thousand dollars.

Then, again, it is suggested, if not alleged, that this enormous capital, which I have already said does not exist, is invested in “cannon and rifles, in powder and lead,” and “implements of war,” all of which, whether alleged or suggested, is absolutely false. The officers of the Company authorize me to give this whole assumption a point-blank denial.

These allegations are of small importance, and I mention them only because they show the character of the report, and also something of the quicksand on which the Senator from Illinois chooses to plant himself. But these are all capped by the unblushing assertion, that the proceedings of the Company were “in perversion of the plain provisions of an Act of Congress,”--and also another unblushing assertion, as “certain and undeniable,” that the Company was formed to promote certain objects, “regardless of the rights and wishes of the people, as guarantied by the Constitution of the United States, and secured by their organic law,” when it is certain and undeniable that the Company has done nothing in perversion of any Act of Congress, while, to the extent of its power, it seeks to protect the rights and wishes of the actual people in the Territory.

Sir, this Company has violated in no respect the Constitution or laws of the land,--not in the merest letter or the slightest spirit. But every other imputation is equally baseless. It is not true, as the Senator from Illinois alleges, in order in some way to compromise the Company, that it was informed before the public of the date fixed for the election of the Legislature. This statement is pronounced by the Secretary, in a letter now before me, “an unqualified falsehood, not having even the shadow of a shade of truth for its basis.” It is not true that men have been hired by the Company to go to Kansas; for every emigrant going under its direction himself provides the means for his journey. Of course, Sir, it is not true, as is complained by the Senator from South Carolina, with that proclivity to error which marks all his utterances, that men have been sent by the Company “with one uniform gun, Sharp’s rifle”; for it has supplied no arms of any kind to anybody. It is not true that the Company has encouraged any fanatical aggression upon the people of Missouri; for it counsels order, peace, forbearance. It is not true that the Company has chosen its emigrants on account of political opinions; for it asks no questions with regard to the opinions of any whom it aids, and at this moment stands ready to forward those from the South as well as the North, while, in the Territory, all, from whatever quarter, are admitted to equal enjoyment of its tempting advantages. It is not true that the Company has sent persons merely to control elections, and not to remain in the Territory; for its whole action, and all its anticipation of pecuniary profits, are founded on the hope of stocking the country with permanent settlers, by whose labor the capital of the Company shall be made to yield its increase, and by whose fixed interest in the soil the welfare of all shall be promoted.

Sir, it has not the honor of being an Abolition Society, or of numbering Abolitionists among its officers. Its President[87] is a retired citizen, of ample means and charitable life, who has taken no part in the conflicts with Slavery, and never allowed his sympathies to be felt by Abolitionists. One of its Vice-Presidents is a gentleman from Virginia,[88] with family and friends there, who has always opposed the Abolitionists. Its generous Treasurer,[89] now justly absorbed by the objects of the Company, has always been understood as ranging with his extensive connections, by blood and marriage, on the side of that quietism which submits to all the tyranny of the Slave Power. Its Directors are more conspicuous for wealth and science than for any activity against Slavery. Among these is an eminent lawyer of Massachusetts, Mr. Chapman,[90]--personally known, doubtless, to some who hear me,--who has distinguished himself by an austere conservatism, too natural to the atmosphere of courts, which does not flinch even from the support of the Fugitive Slave Bill. In a recent address at a public meeting in Springfield, this gentleman thus speaks for himself and his associates:--

“I have been a Director of the Society from the first, and have kept myself well informed in regard to its proceedings. I am not aware that any one in this community ever suspected me of being an Abolitionist; but I have been accused of being Proslavery, and I believe many good people think I am quite too conservative on that subject. I take this occasion to say that all the plans and proceedings of the Society have met my approbation; and I assert that it has never done a single act with which any political party or the people of any section of the country can justly find fault. The name of its President, Mr. Brown, of Providence, and of its Treasurer, Mr. Lawrence, of Boston, are a sufficient guaranty, in the estimation of intelligent men, against its being engaged in any fanatical enterprise. Its stockholders are composed of men of all political parties except Abolitionists. I am not aware that it has received the patronage of that class of our fellow-citizens, and I am informed that some of them disapprove of its proceedings.”