but put a barren sceptre in their grasp? opinions. But the simple expression of Aye, sir, "A barren sceptre in their gripe, Thence to be wrenched by an unlineal hand, Sir, I need pursue the allusion no further. I leave the honorable gentleman to run it out at his leisure, and to derive from it all the gratification it is calculated to administer. If he finds himself pleased with the associations, and prepared to be quite satisfied, though the parallel should be entirely completed, I had almost said I am satisfied also-but that I shall think of. Yes, sir, I will think of that. In the course of my observations the other day, Mr. President, I paid a passing tribute of respect to a very worthy man, Mr. Dane, of Massachusetts. It so happened that he drew the ordinance of 1787 for the government of the North-western Territory. A man of so much ability, and so little pretence; of so great a capacity to do good, and so unmixed a disposition to do it for its own gake; a gentleman who acted an important part, forty years ago, in a measure the influence of which is still deeply felt in the very matter which was the subject of debate, might, I thought, receive from me a commendatory recogni this sentiment has led the gentleman, not only into a labored defence of slavery in the abstract, and on principle, but also into a warm accusation against me, as having attacked the system of slavery now existing in the Southern States. For all this there was not the slightest foundation in anything said or intimated by me. I did not utter a single word which any ingenuity could torture into an attack on the slavery of the South. I said only that it was highly wise and useful in legislating for the north-western country, while it was yet a wilderness, to prohibit the introduc tion of slaves; and added, that I presumed, in the neighboring state of Kentucky, there was no reflecting and intelligent gentleman who would doubt that, if the same prohibition had been extended, at the same early period, over that commonwealth, her strength and population would, at this day, have been far greater than they are. If these opinions be thought doubtful, they are, nevertheless, I trust, neither extraordinary nor disrespectful. They attack nobody and menace nobody. And yet, sir, the gentleman's optics have discovered, even in the mere expression of this sentiment, what he calls the very spirit of the Missouri question! He represents me as making an attack on the But the honorable gentleman was in- whole south, and manifesting a spirit clined to be facetious on the subject. He which would interfere with and disturb was rather disposed to make it a matter of their domestic condition. Sir, this inridicule that I had introduced into the de- justice no otherwise surprises me than as bate the name of one Nathan Dane, of it is done here, and done without the whom he assures us he had never before slightest pretence of ground for it. I say heard Sir, if the honorable member had it only surprises me as being done here; never before heard of Mr. Dane, I am for I know full well that it is and has been sorry for it. It shows him less acquainted the settled policy of some persons in the with the public pen of the country than I south, for years, to represent the people of had supposed. Let me tell him, however, the north as disposed to interfere with that a sneer frm him at the mention of the name of M. Dane is in bad taste. It may well be a high mark of ambition, sir, either with the honorable gentleman or myself, to accomplish as much to make our names known to advantage, and remembered with gratitude, as Mr. Dane has accomplished. But the truth is, sir, I suspect that Mr. Dane lives a little too far north. He is of Massachusetts, and too near the north star to be reached by the honorable gentleman's telescope. If his sphere had happened to range south of Mason and Dixon's line, he might, probably, have come within the scope of his vision! tion. them in their own exclusive and peculiar concerns. This is a delicate and sensitive point in southern feeling; and of late years it has always been touched, and generally with effect, whenever the object has been to unite the whole south against northern men or northern measures. This feeling, always carefully kept alive, and maintained at too intense a heat to admit discrimination or reflection, is a lever of great power in our political machine. It moves vast bodies, and gives to them one and the same direction. But the feeling is without adequate cause, and the suspicion which exists wholly groundless. There is not, and never has been, a disposition in the I spoke, sir, of the ordinance of 1787, north to interfere with these interests of which prohibited slavery in all future the south. Such interference has never times north-west of the Ohio, as a measure been supposed to be within the power of the of great wisdom and foresight, and one government, nor has it been in any way which had been attended with highly attempted. It has always been regarded beneficial and permanent consequences. I as a matter of domestic policy, left with suppose that on this point no two gentle- the states themselves, and with which the men in the Senate could entertain different federal government had nothing to do. Certainly, sir, I am, and ever had been, of that opinion. The gentleman, indeed, argues that slavery in the abstract is no evil. Most assuredly I need not say I differ with him altogether and most widely on that point. I regard domestic slavery as one of the greatest evils, both moral and political. But, though it be a malady, and whether it be curable, and if so, by what means; or, on the other hand, whether it be the culnus immedicabile of the social system, I leave it to those whose right and duty it is to inquire and to decide. And this I believe, sir, is, and uniformly has been, the sentiment of the north. Let us look a little at the history of this matter. When the present constitution was submitted for the ratification of the people, there were those who imagined that the powers of the government which it proposed to establish might, perhaps, in some possible mode, be exerted in measures tending to the abolition of slavery. This suggestion would, of course, attract much attention in the southern conventions. In that of Virginia, Governor Randolph said: "I hope there is none here, who, considering the subject in the calm light of philosophy, will make an objection dishonorable to Virginia-that, at the moment they are securing the rights of their citizens, an objection is started, that there is a spark of hope that those unfortunate men now held in bondage may, by the operation of the general government, be made free." slave trade for the purpose of supplying foreign countries. On this proposition, our early laws against those who engage in that traffic are founded. The third proposition, and that which bears on the present question, was expressed in the following terms: 66 Resolved, That Congress have no authority to interfere in the emancipation of slaves, or of the treatment of them in any of the states; it remaining with the several states alone to provide rules and regulations therein, which humanity and true policy may require." This resolution received the sanction of the House of Representatives so early as March, 1790. And, now, sir, the honorable member will allow me to remind him, that not only were the select committee who reported the resolution, with a single excep tion, all northern men, but also that of the members then composing the House of Representatives, a large majority, I believe nearly two-thirds, were northern men also. The house agreed to insert these resolutions in its journal; and, from that day to this, it has never been maintained or contended that Congress had any authority to regulate or interfere with the condition of slaves in the several states. No northern gentleman, to my knowledge, has moved any such question in either house of Congress. The fears of the south, whatever fears they might have entertained, were allayed and quieted by this early decision; and so At the very first Congress, petitions on remained, till they were excited afresh, the subject were presented, if I mistake without cause, but for collateral and indinot, from different states. The Pennsylva- rect purposes. When it became necessary, nia Society for promoting the Abolition of or was thought so, by some political perSlavery, took a lead, and laid before Con- sons, to find an unvarying ground for the gress a memorial, praying Congress to pro- exclusion of northern men from confidence mote the abolition by such powers as it and from lead in the affairs of the republic, possessed. This memorial was referred, in then, and not till then, the cry was raised, the House of Representatives, to a select and the feeling industriously excited, that committee, consisting of Mr. Foster, of the influence of northern men in the public New Hampshire, Mr. Gerry, of Massachu- councils would endanger the relation of setts, Mr. Huntington, of Connecticut, master and slave. For myself, I claim no Mr. Lawrence, of New York, Mr. Dickin- other merit, than that this gross and enorson, of New Jersey, Mr. Hartley, of Penn- mous injustice towards the whole north has sylvania, and Mr. Parker, of Virginia; all not wrought upon me to change my opinof them, sir, as you will observe, northern ions, or my political conduct. I hope I men, but the last. This committee made a am above violating my principles, even report, which was committed to a commit- under the smart of injury and false impu tee of the whole house, and there consid- tations. Unjust suspicions and undeserved ered and discussed on several days; and reproach, whatever pain I may experience being amended, although in no material from them, will not induce me, I trust, respect, it was made to express three dis- nevertheless, to overstep the limits of continct propositions on the subjects of slavery stitutional duty, or to encroach on the and the slave trade. First, in the words rights of others. The domestic slavery of of the constitution, that Congress could not, the south I leave where I find it-in the prior to the year 1808, prohibit the migra- hands of their own governments. It is tion or importation of such persons as any their affair, not mine. Nor do I complain of the states then existing should think of the peculiar effect which the magnitude proper to admit. Second, that Congress of that population has had in the distribuhad authority to restrain the citizens of the tion of power under this federal governUnited States from carrying on the African | ment. We know, sir, that the representa whose report first expressed the strong sense of that body, that the old confederation was not adequate to the exigencies of the country, and recommending to the states to send delegates to the convention which formed the present constitution. tion of the states in the other house is not | we have seen, adopted into the reformed equal. We know that great advantage, in constitution of Virginia, restraining legisthat respect, is enjoyed by the slaveholding lative power, in questions of private right, states; and we know, too, that the intended and from impairing the obligation of conequivalent for that advantage-that is to tracts, is first introduced and established, say, the imposition of direct taxes in the as far as I am informed, as matter of exsame ratio has become merely nominal; press written constitutional law, in this orthe habit of the government being almost dinance of 1787. And I must add, also, in invariably to collect its revenues from other regard to the author of the ordinance, who sources, and in other modes. Nevertheless, has not had the happiness to attract the I do not complain; nor would I counte-gentleman's notice heretofore, nor to avoid nance any movement to alter this arrange-his sarcasm now, that he was chairman of ment of representation. It is the original that select committee of the old Congress, bargain, the compact-let it stand; let the alvantage of it be fully enjoyed. The Union itself is too full of benefit to be hazarded in propositions for changing its original basis. I go for the constitution as it is, and for the Union as it is. But I am resolved not to submit, in silence, to accu- An attempt has been made to transfer sations, either against myself individually, from the north to the south the honor of or against the north, wholly unfounded this exclusion of slavery from the Northand unjust-accusations which impute to western territory. The journal, without us a disposition to evade the constitutional compact, and to extend the power of the government over the internal laws and domestic condition of the states. All such accusations, wherever and whenever made, all insinuations of the existence of any such purposes, I know and feel to be groundless and injurious. And we must confide in southern gentlemen themselves; we must trust to those whose integrity of heart and magnanimity of feeling will lead them to a desire to maintain and disseminate truth, and who possess the means of its diffusion with the southern public; we must leave it to them to disabuse that public of its prejudices. But, in the mean time, for my own part, I shall continue to act justly, whether those towards whom justice is exercised receive it with candor or with contumely. argument or comment, refutes such attempt. The session of Virginia was made March, 1784. On the 19th of April following, a committee, consisting of Messrs. Jefferson, Chase and Howell, reported a plan for a temporary government of the territory, in which was this article: "That after the year 1800, there should be neither slavery nor involuntary servitude in any of the said states, otherwise than in punishment of crimes, whereof the party shall have been convicted." Mr. Speight, of North Carolina, moved to strike out this paragraph. The question was put according to the form then practiced: "Shall, these words stand, as part of the plan?' &c. New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey and Pennsylvania-seven statesvoted in the affirmative; Maryland, Virgin North Carolina was divided. As the consent of nine states was necessary, the words could not stand, and were struck out accordingly. Mr. Jefferson voted for the clause, but was overruled by his colleagues. Having had occasion to recur to the or-ia and South Carolina, in the negative. dinance of 1787, in order to defend myself against the inferences which the honorable member has chosen to draw from my former observations on that subject, I am not willing now entirely to take leave of it without another remark. It need hardly In March of the next year (1785) Mr. be said, that that paper expresses just sen- King, of Massachusetts, seconded by Mr. timents on the great subject of civil and Ellery, of Rhode Island, proposed the religious liberty. Such sentiments were formerly rejected article, with this addicommon, and abound in all our state papers tion: "And that this regulation shall be an of that day. But this ordinance did that article of compact, and remain a fundawhich was not so common, and which is mental principle of the constitution between not, even now, universal; that is, it set the thirteen original states and each of the forth and declared, as a high and binding states described in the resolve," &c. On duty of government itself, to encourage this clause, which provided the adequate schools and advance the means of educa- and thorough security, the eight Northern tion; on the plain reason that religion, States, at that time, voted affirmatively, morality and knowledge are necessary to and the four Southern States negatively. good government, and to the happiness of The votes of nine states were not yet obmankind. One observation further. The tained, and thus the provision was again important provision incorporated into the rejected by the Southern States. The perconstitution of the United States, and sev-severance of the north held out, and two eral of those of the states, and recently, as years afterwards the object was attained. Certainly, sir, I am, and ever had been, of that opinion. The gentleman, indeed, argues that slavery in the abstract is no evil. Most assuredly I need not say I differ with him altogether and most widely on that point. I regard domestic slavery as one of the greatest evils, both moral and political. But, though it be a malady, and whether it be curable, and if so, by what means; or, on the other hand, whether it be the culnus immedicabile of the social system, I leave it to those whose right and duty it is to inquire and to decide. And this I believe, sir, is, and uniformly has been, the sentiment of the north. Let us look a little at the history of this matter. slave trade for the purpose of supplying foreign countries. On this proposition, our early laws against those who engage in that traffic are founded. The third proposition, and that which bears on the present question, was expressed in the following terms: "Resolved, That Congress have no authority to interfere in the emancipation of slaves, or of the treatment of them in any of the states; it remaining with the several states alone to provide rules and regulations therein, which humanity and true policy may require." This resolution received the sanction of the House of Representatives so early as March, 1790. And, now, sir, the honorable member will allow me to remind him, that not only were the select committee who reported the resolution, with a single excep tion, all northern men, but also that of the members then composing the House of Representatives, a large majority, I believe nearly two-thirds, were northern men also. When the present constitution was submitted for the ratification of the people, there were those who imagined that the powers of the government which it proposed to establish might, perhaps, in some possible mode, be exerted in measures tending to the abolition of slavery. This suggestion would, of course, attract much attention in the southern conventions. In The house agreed to insert these resoluthat of Virginia, Governor Randolph tions in its journal; and, from that day to said:this, it has never been maintained or con"I hope there is none here, who, consi-tended that Congress had any authority to dering the subject in the calm light of philosophy, will make an objection dishonorable to Virginia-that, at the moment they are securing the rights of their citizens, an objection is started, that there is a spark of hope that those unfortunate men now held in bondage may, by the operation of the general government, be made free." regulate or interfere with the condition of slaves in the several states. No northern gentleman, to my knowledge, has moved any such question in either house of Congress. The fears of the south, whatever fears they might have entertained, were allayed and quieted by this early decision; and so At the very first Congress, petitions on remained, till they were excited afresh, the subject were presented, if I mistake without cause, but for collateral and indinot, from different states. The Pennsylva- rect purposes. When it became necessary, nia Society for promoting the Abolition of or was thought so, by some political perSlavery, took a lead, and laid before Con- sons, to find an unvarying ground for the gress a memorial, praying Congress to pro- exclusion of northern men from confidence mote the abolition by such powers as it and from lead in the affairs of the republic, possessed. This memorial was referred, in then, and not till then, the cry was raised, the House of Representatives, to a select and the feeling industriously excited, that committee, consisting of Mr. Foster, of the influence of northern men in the public New Hampshire, Mr. Gerry, of Massachu- councils would endanger the relation of setts, Mr. Huntington, of Connecticut, master and slave. For myself, I claim no Mr. Lawrence, of New York, Mr. Dickin- other merit, than that this gross and enorson, of New Jersey, Mr. Hartley, of Penn- mous injustice towards the whole north has sylvania, and Mr. Parker, of Virginia; all not wrought upon me to change my opinof them, sir, as you will observe, northern ions, or my political conduct. I hope I men, but the last. This committee made a am above violating my principles, even report, which was committed to a commit- under the smart of injury and false impu tee of the whole house, and there consid- tations. Unjust suspicions and undeserved ered and discussed on several days; and reproach, whatever pain I may experience being amended, although in no material from them, will not induce me, I trust, respect, it was made to express three dis- nevertheless, to overstep the limits of continct propositions on the subjects of slavery stitutional duty, or to encroach on the and the slave trade. First, in the words rights of others. The domestic slavery of of the constitution, that Congress could not, the south I leave where I find it-in the prior to the year 1808, prohibit the migra- hands of their own governments. It is tion or importation of such persons as any their affair, not mine. Nor do I complain of the states then existing should think of the peculiar effect which the magnitude proper to admit. Second, that Congress of that population has had in the distribuhad authority to restrain the citizens of the tion of power under this federal governUnited States from carrying on the African | ment. We know, sir, that the representa and from impairing the obligation of contracts, is first introduced and established, as far as I am informed, as matter of express written constitutional law, in this ordinance of 1787. And I must add, also, in regard to the author of the ordinance, who has not had the happiness to attract the gentleman's notice heretofore, nor to avoid his sarcasm now, that he was chairman of that select committee of the old Congress, whose report first expressed the strong sense of that body, that the old confederation was not adequate to the exigencies of the country, and recommending to the states to send delegates to the convention which formed the present constitution. tion of the states in the other house is not | we have seen, adopted into the reformed equal. We know that great advantage, in constitution of Virginia, restraining legisthat respect, is enjoyed by the slaveholding lative power, in questions of private right, states; and we know, too, that the intended equivalent for that advantage-that is to say, the imposition of direct taxes in the same ratio-has become merely nominal; the habit of the government being almost invariably to collect its revenues from other sources, and in other modes. Nevertheless, I do not complain; nor would I countenance any movement to alter this arrangement of representation. It is the original bargain, the compact-let it stand; let the a lvantage of it be fully enjoyed. The Union itself is too full of benefit to be hazarded in propositions for changing its original basis. I go for the constitution as it is, and for the Union as it is. But I am resolved not to submit, in silence, to accusations, either against myself individually, or against the north, wholly unfounded and unjust-accusations which impute to us a disposition to evade the constitutional compact, and to extend the power of the government over the internal laws and domestic condition of the states. All such accusations, wherever and whenever made, all insinuations of the existence of any such purposes, I know and feel to be groundless and injurious. And we must confide in Southern gentlemen themselves; we must trust to those whose integrity of heart and mignanimity of feeling will lead them to a desire to maintain and disseminate truth, and who possess the means of its diffusion with the southern public; we must leave it to them to disabuse that public of its prejudices. But, in the mean time, for my own part, I shall continue to act justly, whether those towards whom justice is exercised receive it with candor or with contumely. An attempt has been made to transfer from the north to the south the honor of this exclusion of slavery from the Northwestern territory. The journal, without argument or comment, refutes such attempt. The session of Virginia was made March, 1784. On the 19th of April following, a committee, consisting of Messrs. Jefferson, Chase and Howell, reported a plan for a temporary government of the territory, in which was this article: "That after the year 1800, there should be neither slavery nor involuntary servitude in any of the said states, otherwise than in punishment of crimes, whereof the party shall have been convicted." Mr. Speight, of North Carolina, moved to strike out this paragraph. The question was put according to the form then practiced: "Shall, these words stand, as part of the plan?" &c. New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey and Pennsylvania-seven statesvoted in the affirmative; Maryland, Virgin North Carolina was divided. As the consent of nine states was necessary, the words could not stand, and were struck out accordingly. Mr. Jefferson voted for the clause, but was overruled by his colleagues. Having had occasion to recur to the or-ia and South Carolina, in the negative. dinance of 1787, in order to defend myself against the inferences which the honorable member has chosen to draw from my former observations on that subject, I am not willing now entirely to take leave of it without another remark. It need hardly In March of the next year (1785) Mr. be said, that that paper expresses just sen- King, of Massachusetts, seconded by Mr. timents on the great subject of civil and Ellery, of Rhode Island, proposed the religious liberty. Such sentiments were formerly rejected article, with this addicommon, and abound in all our state papers tion: “And that this regulation shall be an of that day. But this ordinance did that article of compact, and remain a funda which was not so common, and which is mental principle of the constitution between not, even now, universal; that is, it set the thirteen original states and each of the forth and declared, as a high and binding states described in the resolve," &c. On duty of government itself, to encourage this clause, which provided the adequate schools and advance the means of educa- and thorough security, the eight Northern tion; on the plain reason that religion, States, at that time, voted affirmatively, morality and knowledge are necessary to and the four Southern States negatively. good government, and to the happiness of The votes of nine states were not yet obmankind. One observation further. The tained, and thus the provision was again important provision incorporated into the rejected by the Southern States. The perconstitution of the United States, and sev-severance of the north held out, and two eral of those of the states, and recently, as years afterwards the object was attained. |