- 'l* VOLUME 36. NEW SERIES. SPSECH OF SENATOR S. L DOUGLAS, ON THE INVASION OF STATES ; AND HIS REPLY TO AIR. FESSENDEN. DELIVERED IN THE SENATE OF THE UNITED | STATE#, JANUARY 123, J&tiD. Tli? hour having arrived lor the considers-' tion of the special order, th- Senate proceeded . snorter the following lesolution, submitted SI jTite" * R, s o/ved.\ l'h at th<# committee on the judiciary be instruct?'! to report a bill for the protection of each S'ate and Territory of the Union agains' invasion bv the authorities or inhabitants ol any otlier Stat? or Territory ; and for the *uppres >.ion and punfthinetit of conspiracies or combi nation" in any S'.a'e or Territory with intent to molest the government, inhabitants, "proper ty, or institutions of any other State or Territo ry in the Union. " MR. DOCCLAS. Mr. President, on the 2r>th ol November last, the Governor of Virginia un dressed an o!i iji communication to the presi dent of the United States, in which he said : "1 have information from various quarters, upon Which I rely, that a conspiracy o! formi dable extent, in means and numbers, is formed in Ohio, Pennsylvania, New York, and other States, to rescue John Crown ana his a-xci.it- . prisoners at Chsrie-town, Virginia. The infor mation is specific enough to be rehab!?. * ' *** + <* ** "Places in Maryland, Ohio, and Pennsylva nia have been occupied as depots and rendez vous by these despeiadoes, and unobstructed ~y guards or otheiw ise, to invade tnis State, and we are kept in continual apprehension ol out rage from lire and tapiue. I apprise you of these facts in order that you may take steps to preserve peace between the Slates. To this communication, the President of the United States, on the "JSto of November, retn:- jied a reply', from which I read the UTjwmg sentence: •'I am at a loss to discover anv provi.>ion in the Constitution or laws of the United States, which would authorize me to Hake steps' fur this purpose." [That is, to presetwe tne peace between the States.] This announcement produced a profound im pression upon the public mind, and especially in tliesiaveholding Slates. It was generally received and regarded as an authoritative an nouncement that the Constitution of the United States colliers no power upon the Federal Gov ernment to protect each Ol the States Oi this Union against invasion from the other States. I shall not stop to inquire whether the Presi dent meant to declare that tae existing laws confer r.o authority upon him, or I at the Con stitution empowers Congress to enact r.o .*# which would authorize the U- I era! inter; tion to protect the States from inva-.•< i; . >in ject is to raise the inquiry, and to ask the j u - inent of the Senate and ol the House of Repr* - sentatives on the question, waether it is not within tae power of Congress, a;; i the cnty of Congress, under tiie Constitution, t > enact all laws which may be necessary and pr per for the protec'-iaa of each and every Slate a gainst invasion, either from Foreign Powers or from any portion ol the Uuited Slates. The denial of the existence of such a power in the Federal Government has induced an in quiry aijnong conservative men—men by a I U the Constitution and devoted to the Union—as to what means they have of protection, i:' the Federal Government is not authorized to pro tect them against external violence. It must be conceded that no community is sale, no State can enjoy peace or prosperity, or domes tic tranquility, without security against exter nal violence. Every State and nation of the; world, outside tins Republic, is supposed to maintain armies and navies for this precise pur pose. It is the only legitimate purpose for which armies and navies are maintained in time of peace. They may be kept up lor am bitious purposes of aggression and foreign war ; j but the legitimate purpose of a military force in time of peace is to insure domestic tranquility against "violence or v aggres.-ion from with out. The States of this Union wouid posse-.- that power, were it riot /or the restraints impo sed u; >n them bv the Federal Constitution.— When that Constitution was made, the S. it-s surrendered to the Federal G >veriinei;! t . power to raise and support armies, and the pow er to provide anJ maintain navies, a.u I• a !y ibu# rurrendered the means of pi-'lectin! from invasion, but corisenteri fo a prolii r n upon themselves which declares lh.Tt r.o State si.all keep troops or vessels of war ia time ol P'-are. The quest .on Row recurs wnelher the States of this Union are in that helpless condition, with i*ieir hands tied by the constitution, ped ofaii means ol repelling assaults ar . • at taining their existence, without a goa to: from the Federal Government, to protect them against violence. II the people of this country shall settle down into the conviction that there i< no power" In the Federal GoVerum. Nt un der the Constitution to protect each and every Slate from violence, from aggression, from in vasion, thev will demand that the cord be sev ered, and that the weapons be restored to their hands with which they may defend themselves. This inquiry involves the question of the per petuity of the Union. The means of cieferm**, the means of repelling assaults, the means of providing against invasion, must exist as a con dition of the saUty of the States and the exis tence of the Union. Now. sir, I hope to be able to demonstrate that there is no wrong in this Union for which the Constitution of the United State 3 has not provided a remedy. I believe, and I h >pe I shall be able to main'air., that a remedy is fur nished for every wrof.g which can he p*rp;> tra'.ed within the Union, if the Federal Gov- ernment performs its whole duly. I think it i-~ clear, on a cartful examination of the Cohsti tution, that power is conferred upon Congress, first, to provide tor repelling invasion from for eign countries ; and, secondly, to protect each State of this Union against invasion from an* j other State Territory, or place, within the juris-, ; diction of the United States. 1 will first turn , your attention, sir, to the power conferred upon Congre-s to p, ' ct the United States—inclu ; ding States, 'I erritories, and the District o! Columbia ; including every inch of ground within our limits and jurisdiction—against for eign invasion. In the eighth section of the fir-ft ariicle ol the Constitution, you find that Congress ha# power— '•To raise and support armies: ti provide and maintain a Navy ; to make rules for tue G vernment an i regulation of the land and na val forces, t> provide fur calling forth the mili tia to excute toe laws of the Union, suppress in surrections, aud repel invasions." These various clauses confer upon Congress power to use the whole military force of the coun'rv tor tht* purpose specified in the Con stitution. They snail provi I- for she rxecuti in of the laws of the Union, an;, secondly, sup ■ pre## i .-urrections. The insnrrec! : or.s tii u-t referred to, ar-* in-mrrectbns against the author- f i:v of the United S'ales—nsorrect:>ns against j a State authority being provided for in a subse quent s-ction, in winch the United States can not interfere, except upon the application ol • State uthoriiies. The invasion which is to be repelled . this clau-e of tin* Conftitut' n is an - invasion of the United Slates. The language j is, Congress shall have power to "repel inv,-j sions." That gives the authority to repel l!)e : ; invasion, no matter whether 'he enemy .-i.i'.i land within the 'units of \ wi'i in the ■ {);••!r;."f of Columbia, within the Territory of . ew M -X co, .v .my where e'.-- v. i'i.in t'— ju- ri- lie! ion oi the United S- .' u The power to. Pr tect everv part ion <1 the country against ; ihvasi m from foreign nations having thus been j suecHicallv r mferi-d, the framers r i the C ' - s'ltution liien proceeded to make guarantees lor tiie protection of c-c/i o ' the States oy F'der.V j cuti. iritv. I will read the fcart . section o! the fourth article of (!•* Con-'itufi in : '-The United States slur! 1 guaranty to every I , State iri this Union a r--p<; .iicari lorn of gov- j eminent, and shall protect theip against inva-j sion ; and, on appp'icatton of tiie Legislature, or of the Executive, (when the Legislature cannot be convened,; against domestic vii ience. ' This clause contains tiiree d -!inct guaran tees : fir-;, the United State# shall guaranty to every Mate in tins Union a re pub scan iorin t<: ; govern merit ; ti.e t. nr.-.-d States shal. j •i protect them dfi iwiußTPirrrp-'j 1 ted State" siiafi, on application of the Legisia- j ture, or of ii.e Executive, when the Legislature cannot be convened, protect them against do- | t.aestic violence. .N ov, sir, submit to yon j wh. tU.er it i. not cU a.- I. n foe very !a | of fh" Constitution, ♦.!. ! t .is chore was insrri- j ed tor the '• irp-we of m ■■ nr.g it the dn'.y of llie i Federal Government to protect each ot th-- States, ainst invasion Iron, any other S'at >, i'erritorv, or (dace within the jurisdiction oi the | T'.rit- ] States ' Fc: wltal other purpose wa #R. ' * tile clause inserted ? tae power and duty of i protection a# against- foreign nation# has airea - v been provided tor. This clause occurs a- j m >ng the guarantees from the T. .died States t ■ each State, for the benefit of each Stale, for j the protection of each State, and | from the. other State.#, inasmuch as the gnarnn- I tee had been given previously as against foreign j nations. Then, sir, if it be mnti? the imperative duty ol the Federal Government, y tueexpres pro vision ofthe Constitution, to prot>-rt each of t.'c States against invasion or violence from the other States, or from combinations of despera does within their limits, it necessarily follow* j 1 that it is the duty of Congress to pas 3 ail laws I necessary and proper to rer-der that guarantee effectual. While Congress, in the early histo ry ol the Government, did provide legislation, which is supposed to be ample to protect tk iUn 1 S' .les ag*in#t invasion from foreign couiiti. s- ami the Indian tribes, they have faii ei, up to tins time,to make any law fir the protection of each of the Stale* against inva.-ir. from within the limits of the Union. I a un able to account '>; thi# omissi >n ; but I pre : surne the reason is to be found in the fact tiiat . j''oiigros ever (ireamed that such legislation won: i ever bee rue necessary for the protecti n of one State of this Union against invasion and ! violenceiForn 'her si.*ter Slates. Who, until i the Harpef's Fer.-v outrage, vr conc-ive.! that American citizens cool ; be so forgetful of t!i--ir ! duties fo themselves, to their country, to the Constitution, us to plan an invasion of ai 'tier 1 Stale, with the view of inciting servile itisu-- ; recti -n, murder, tr- asori, end every oilier crime Ithat disgraces buißanily ? While, therefore, no blame can jos?v be attach- dt > our prede cessors in failing to provide ti ** legislation ne ccs.-arv to reruer this guaraniee oi toe Coos'i tntioo elii-clual ; s'.iii, since in-* i: ; en-mc • ol U t y.-ar, we cannot stand justirl-u in ornitling' iong-*r to perform tni# im n-rafive duty. ; I think it t# within our corn pet-mcy, and con ; servientfy our duly, to pass a law making every ! conspiracy or combination in any Suie or IVr riforv of tLis Union to invade another with in tent fo steal or run away property oi'any kind, whether it be negroes, or horses, or property rif anr other description, into another State, a crime, and punish the conspirators by indict ment in tha United States courts and confine ment in the prisons or penitentiaries of til- L.u'.e or Territory where the Conspiracy may be I >r i med and quel led. Sir, I would ca-ry these ; provisions of law as far as our constitutional power will reach. I vvotiid make it a crime to f rm conspiracies with a view of invading" Slates or Territories, to control elections, whetn er they b- under the garb of Emigrant Aid ST cretins of New England, or Blue Lodges of Mis souri. (Applause in the gaiiertes-f In other BEDFORD, PA., FRIDAY MOPIKG, APRIL 13,1360. words, this provision of the Constitution means more than the mere repelling of an invasion when thp invading army shall reach t : * border of a State. The language is, it shall protect the Slate against invasion; the meaning of which is, to use the language of the'preamble to the Uonstitut ion, to insure to each Stat? domestic! tranquility against external violence. There ! can be no there can be no prosperit".', j there no -af-ty in any community, unless ] it is secured against violence from abroad.— j VVhv, sir, it has been aque-fion seriously moot- i ed in Europe, whether it was not tlie duty of England, a Power foreign to France, to pas# • f-avvs to punish conspiracies in England against ■ he .. .■ of th * Princes of France, j Fiail r.oH argue th,. quesiiou of comity between for-j eign Sta'es. I j edica!" my argument upon i the Constitution bv which we are governed,! and which we have .• rn to 'o'.) a y, and demand that the Con.sfitution '>■ executed in good faith .- > a# to |■ io a;: 1 s'.ij or-*.-# every c-su-.oi nation, every conspiracy, either t > inva ie a State or to mu!eat it# in! ..,ior fo disturb i's propert.-. or to hUbvert. its institutions and iis government. 1 bei-eve this cao oe effecto a'• Iy >rie by aut arizing the United Stales ! courts in the >-ver.i S'ates to take jurisdiction i of the ofibnee, ami punish the violation oi the j law wild aopru. nit-* punishm-m'.#. It i. -•r.ioi be a, • a'. 111e t';i has not vet : irriv-; .-r such legi-iation. it cannot >.• said i with truth that the Harper*# Ferry ca-e will j nut be repeated, or is not n dinger of r-tietiti n. ! It is >nly nece*ary to i-: u e -nto k.s causes-j j which ; r.i.'nc ■1 ' •* li .rper's i Vny outrage, j j and .iscei. ivi he:her ti-•>-* causes are \ m j i aclive oi-.-ration, u: libera." >u t-iu t'etermine ; ti re i- any g-ouo ! lor ap:ireheusi>n i : tliat t..al uivii.sia:t will be r-*;.ie,ited.. Sti, vimt i were i■ ■ c-.u.se# W ich pre ced th-* li.ii iierV j : Ferry 0..;. v..'.* ■ \','il!.uut s'- pniug to a luce • evidence tu detail, i ha--* iio.h.>if!:an in ex-i ; pressing mv tirna an 1 .-d er -'..* t sovicf: n that' 'he Uarpei f-- i-Vrrv crime v - tfie -a : - . i ■ ;i- . ■ cai, iiievr : • reu.t c> the •: ctr.ne# "••! ;eac - sng .oi tne li" u -hcan r.-arl v , as exp ar/i j er.->iced in t ,-ir p at. ..in, their pa ua r rei#ea,] ".heir pm;.i::!et aryi a::it esfe-ciabiy in j the -Ocecli >c: the.. - lead. ;# in a .ca out of Cori i gres*. (Apjdau.se in the galleries.) i [. :e speaker was here interrupt".! ,v an ef j tort of th ■ Sen .tors to qu;-t the galleries.] Mr. DOI/GLAS. I WAS remarking that I C-ar- Uulered this O'. rage at Harp Us i-Vrry as the i igica!, t. .filial' consequence of tire teachings and i.,c* rie.- i. ;,.e Ft j-übiikii par y. I u.u not making t .i# sfatemeut i-r the • aroose o{. crimination or u:isan ♦. -ct. I de.-ire :o call ; the n'.Jen ion i f metnb-rs - i tiv.it party to a | consider alio:) of the docti in>\j taev ure ?: Tmegf'Sh-frBT" r-nTO'fci -tt'if O "a"yT r^i j ju 'gmeat whether they do r.ot La i dire.;*!-.- to jto ...-* con- i.-nces, on the part o; ti -.* de | Ittded persons who think that ail thev say is j meant, in real earnest, audi ought to ire carried J out. ;J. i..ci that und- r'; -# t: * ; it*;•■•.: licao.party i- vi-.i.-nt, irreco; "iia'ile. i t •! ri.il wark.-e upon the institution ol America i -...- y, with th * view 11 it# uhin.ute ex!, ic lion throughout lire land: -ec'ianal war is to ! waged until file cotton fiei is of the South sl.-.b re cultivated by!.-■? la or, or the rvc 6-ids oi ! .New York and Massachusetts shall b** cuhivi i ted by siave lab r. In furtherance of thisar'.i --; ci * of their creed, v u find their political < r ' ganrzation not only sectional HI its location, d : one whose vitality cons:-'# in appeal# to n >r ! thern pa-sion, ti rr'.heru prejudice, northern atn t f.iiiou against soutiiern States, f-JUtTern institu tion*, and southern people. I have had some experience in fighting ti'U element within tb-* fast lev-/ years, and i find tna! tae source oi their power consist.# in exciting the prejudices and tiie passions of the northern section against those oi the southern section. They not only attempt to excite the North against the South, but they invite fhe S .nth to assail and aand traduce the North. Southern abuse, bv violent men,of northern jtatesmen and northern peo ple, is essential to the triumph of the Repu ii can cause. H mce (lie course of argdment i which we have to meet is not on!v r>*f wiling I the appeal* to northern passron dnd pr-i'idic-*, ! but *.ve have to encounter lti-ir apj.eafa to sou i thern men ti as-ait us, in order that they may t justity their u--aui*# u,. .n the jhea of st-li-U''- tbnee. Sir, wfien I returned home in ISbS. f">r the purrrose of canvassing jiimoi-. wi'.'i a ciew to a [ re-elect inn. 1 I. ad to meet this issue oi tiie 1 '•in-pressi.-ilc* conflict." It is true Il.at the i Senator from N~<-w Y orU li.a-i not then made Ins I Rochester speed . and did for tour 'rnontl s j aterward#. It i - tiu- that he had not given ! the doctrine that precise nam'* and form: but j tire principle wa# in existei.ee, at:.l lad been J proclaimed by the ablest and the rno>t clear header'. m-u of the party. I will call y nr attention, .sir, to a single passage from a speech, to sho v the language in wfitca this doctrine was stated in liiiftoi# !>.*fofe it received the : -.anie oi tiie '•iner.re-iible conflict." The ii— | publican party a seir.bled in Stat-? convention in J.j.a., 1833, io Illinois, and unanimously a j .qrte-i! braham Lincoln a# their candidate far ifed b dfes Senat r. Mr. Lincoln anp**ar ! Ed before the convention, accepted the nonuna j tion, ami made a speecii which had been pre viously written -iini agreed to in caucus by most of the lead-r* ol tin* party. I wiil read a j single extract lr < :i that speech : "In my opinibrs, it [the slavery agitation] will not cease until a crisis shaii have been I reached and pa**e(i. 'A house divided against |if sell cannot otand/ I believe ibis Goveru ; ment cannot end ire p-rmanenlly, half slave and half free. I eld not expect the house to fall, I do expect it will ceas? to be tii vid-d. It will become all one thing or ail tiie other. Eitlier the opponents ol slavery wiil arrest the further spread of it, aud place it where the pub lic mind shall rest fn the belief that it is in the course cf ultimate extinction ; or its atvo - cafes will push forward til! it shall become a i like lawful rn all the States—old a* well a# Freedom of ThourLt and Opinion. j new, North as well as Soulh." Sir, ffie moment I landed upon the soil of i I Illinois, at a vast gathering of manv thon#ands j : ol my constituents to welcome me home, I read j j that passage, and took direct issue with the doc- j 1 trine contained in it as being revolutionary and i treasonable, and inconsistent with the perpetui ty of this Republic. That is not merely the individual opinion of Mr. Lincoln : nor is it th<* mdividnal opinion'merely ofthe Senator from | >-*w \ rk, who four months afterwards a#ser j ed the same doctrine in different language : i : .t, so far a# I know, ii i# the 'general opinion ■ of <i member? of the Abolition or Republican !I' arty, fiiey •>*!! the people ofthe North that f'ftfi: 't# thev rally a# one man, under a sectional | banner, ami ma!:" war upon the South with a i view to the uitimale extinction of slavery, i slavery will overrun the who!** North ond fas ten if-elf upon a!i trie free States. They then 1 tell Ib- S.iu'b, unl-*.#s you rally asone'man, bin- ! duig tiie whole southern people into a sectional •artv, 3-id establish slavery all over the free i S'ates, tae inevitable consequence wiil b j that 1 we sH.il! abolish ft in the siawhoUing St iles, i fhe s me d->ctr:n is held by the Senator from j • i -;rk ift i.;-; R --Chester Speech. He fells i us that trie M-.tes mi t ai! become fre °, or all j become ive • that the South, in other words, I J must cot q-r and subdue the North, or the j | %, nrth must triump I over the South, and drive j j Faverv iron Within it# limits, i Mr. ftresiftent. in order to show that I have j : not misinterpreted the posit, -n of the Senator j j irom New York, in notifying the South that, if j ; they wrsn to maintain slavery in their limit", ' j th* y ii',- I--ten it upon the Northern ; • v t.-f, '■ wiil read an extract from his Roches- ; j "It is an irrepressible conflict between oppo- ' i agar < r. ; f'i;.e# : and mean# that <ht* • ! ' n'fted States must and .v/ifl, sopn or ia'er, be- j | r.*r entirely a slave!:Ming nation, or \ • j a fr -i.r natun. Either th? cot'.or: ; j '■ ric * fieiof South Carolina, and the -sugar j i; mtation# of Lohisiaha, Will Ultimately be j i ti.l iby ! ■ J.p. -r, and Charleston and New 1 t v ' - s h-c:" e mar's for legitimate merchan- ; j ! ••• aU n--, or else the rve ti-hi* and wheat field# j • of M ;#sachosetf# and New York must again b- ' j s-.irrer.'iered by tSieir farmers t > slave culture. i to Ibe ; i j luction of slaves, and Boston and New j j i ork become once more maikets lor trade in • ! tiie bouies and soul# of men." -1 bus, sir, yo i perceive that the theory of the Republican party U, that tiiere is a cooftict i.'etvv'een two di.>rent system® of institution# in the respective classes of states—not a conflict in t e same "-iat-.s, but an irrepressible * ■ .hct oetweet tfie free States and tiie Tare Skm-# : ll -' V v.- ,:ue that these J,wo jy&vtr.s < f State 1 caiiii: er; i ineuiiv" exist to tne • Tf'tt-'tn : ! '...at 'ti? sectional welfare most c 'Qtinri'' to rage increase with increasing fury until the.'i'ree ■ r .'es t, ia;! *u riender, or the slave St ■: # si ad ! • • subdued. H-nce, while thev app-al to the j -,-mns of our own section, their obje t is to •; :rm the peo'fte of the other section, and drive ; iieat to madness, with the hope that they will | invade our rights a# an excuse for rotne of our i f>eup e Jo carry on ag-gres-i ...-# upon their right#. I apnea! to the cani'o; of Senators, whether ibis is not a fair exposition of the tendency of j the doctrines proclaimed by the Republican | party. The creed of that party is fouiui-d u)kin j theory that, because slavery i# net desirouit* m our Slate#, it i# not desirable anywhere ; be ! cause free labor i# a good thing with us, it must 'I - the best tiling everywhere. In other words, ! the creed of their party rest# upon the theory j t r.nt there must be unijormity in the domestic ! instilutiorjs audjinlernal polity of the several I State# oft; a Union. There, in my opinion, i# | the fundamental eiror upon which their whole system rests. In the Illinois canvas#, 1 asser ted, and now repeat, that uniformity in the do mestic institutions ol the different States is neither possible nor desirah!-*. That i- tiie very issue upon which I conducted the canvass at horr.-*, and it is the question which I desire to present to tiie Senate. Was- such the doctrine ofthe framers of the j "U.nsututmn? I wish the country to bear in ■ mind thai when the Constitution wis adopted the Union consisted of thirteen State?, twelve f which were slaved >l-!i'ig States, and one a free State. Suppose this doctrine of uniformi ty en the slavery question had prevailed in the Federal convention, do the gentlemen on ilia' i side oi the House think that freedom would • have triumphed over slavery ? Do they im agine that trie one free State would have outvo ted tiie twelve s.avehoirftng States, and thus have abolished slave- v throughout the land by constitutional provision ? On tiie contrary, ft J tie test had thn been made, if this doc trine of uniformity on the slavery quest i >n had lhe?i been proclaimed and believed in, with the t vi'ive flaveholding S'.at-s ag-iinft on- !:•••■ Slate, would it not t.av- resulteil in a constftu tional provision fastening slavery irrevocaidy upon every inch of American sail, N-mthr as well as South ? Was it quite fair in those days i tor the friend# of free institutions to claim that j the Federal Government must nt touch tiie question, but must leave the people of each Slate ! to do as tiiey pleased, until under the op-ration ! of that jirinciple th-v secured tiie majority, and then wRId that muj iritv to abolisb slaveiy in tl.e other States otthe Union ? Sir, if uniformity in respect to domestic in stitution# had t.een deemed desirable when the Constitution was adopted, there was another mode by which ft could have been obtained.— The natural mode of obtaining uniformity we to have blotted out the State governments, to have abolished the State L"gisiatur>*s, to have conferred Upon Ooogress legislative power over the municipal and domestic concerns of the people ot ail States, as well as upon Federal questions affecting tti? who!.* Union ; and II this doctrine of uniformity had been entertain ed and favored by the framer# fit th- Constitu tion, mien would have been the result. But sir, tae framer? of that instrument knew at tfia | clay, as well a# we now know, that ia a conn- ' t !i> as broa-J as this, with so great a variety of ! climate, of soil, and of production, h-re must ; necessarily be a corresponding diversity of in stitutions and domestic regulations, adapted to ■ (the wants and necessities ot each locality.— The trainers of the Constitution knew that' the laws and institutions which were well adapted to the mountains and vallevs ot New E 'gland were ill-suit: d to tie* rice plantations and the cotton-fields ot the Carolina#. They knew that our liberties depended upon reserving the right to t:i • people of each State to make ta-ir own laws and establish their own institution", and >' control them a', pl-a-mre, without interference horn th- Federal Government, or fr rr anv other Stale or Territory, or A*iv foreign country. The (.'.institution, fheref -re, wa# based, end tie* Union was founded, on the principle of dissmni i iarily in the dome#'ic institution# and interna! ; I polity of the several Sta'e.#. The Union vi a# -t founded on the theory that each State h n peco l liar inferea's, r quiring peculiar legislation, and J peculiar ins titution#. diF-rerit and distinct from i very other S" .e. The i inn on :<* then j rv that no two States would be pr-cise'v alike i.i fi.neir domestic p fticj" an i institutions, i iience, I as-erf that this doctrine of in:far i rnity in the domestic in titutions of tin* ni.'.'-r --j tnt State# i# repugnant t>t institution, std>- ; vers;vi of the principles upon which the Union j '*va* based, revolutionary in its character, and I leading uii ectly to despotism if it i# ever estab lished. Uniformity in local arid-domestic at j fairs in a country ot great extent is despotism s. Show o* Centralism prescribing uni- ; - >ru i" ■' I >m the capital to all t f •?# j>- -vince# iin t ~ir 1 -cai and dom ; lie <:■ ncern. and 1 will i ; i sow you a despotism as odious icsutfer :') •a# that of Austria or Naples. l}:--imilar ' i' v : • tfie prinrqiie up m Which the Union r-*!s. ; It i# founded up >n the idea tiiat each State must i nocessari-y require d liferent regola* on#: that co two State-: have precisely tii- sain* interests, j . rid ' •; :e r.o n ' n-• I precisely the same faW.-: : an-: you cannot account for this confederation i ? . -s u; m an'- other priiicri'le. : . -."i. sir, what b-roo-es of this doctrine that | slavery most be established in all tfie Stated or 1 jjuoh i .iter! in all the States? If we only con- j I : irm to ike i-rinciple# upon which the Fed-i :! , Union was former., tiiere tan be no conflict. : It is only necessary to recognize tiie right of S'-'-e !'■•" nle Oi every State to have ju>t s irfi in- ' I t-titutions as they j.Uase, without consulting j your wishes, your view ~ or your prejudices, ; j uni there can be no conflict. And, sir, inasmuch a; the Consfitu'ion of th** ( ! ni etl Jilates con.'ers uoon Congress the piwer C' 1 i■ i wjth tiie dulv of protecting each Slate j against external aggression, an.i inasmuch as . ft .-...: i-.ciua''-.# ti.e p-.r.v.*r <>i suppressing and pun* . idling conspiracies in one St against tii-* in-i st it at ion#, property, people; or government oi very cher S'.ate, i -.'-■iire to carry out that | ; ovwr vigorously. Sir, give- us such a law a# the ( ns: i tut ion < nt err. plate* and a'tinoriz-*#. land 1 v.'iit show tne Se; at r Irom New Y -rk ! that tnere is a enns'.' a:i.l mode of rtrp. es sing t.be * irrepressioie conflict." f wrii£open j :he pi i ,n ii >or (oajfowc 'aspirators against the : peace of tiie RepiiDtic and the domestic tranquil- I ity of our States to s lec: tnir cell? wherein to drag out a miserable life, as a punishment for ; their crimes against the 'peace ot society. Cart any rr.an say to us that although thi# ! outrage has been perpetrated at Harper's Ferrv, 1 j there is no danger of its recurrence? Sir, is ! not the Republican party still embodied, organ- j : ized, confident ci succes , and d*-iiint in its pre- ' tensions? Doe# it not now bold and proclaim j the same creed that it ttid before this invasion? It is true that most of its representatives here I disavow the a els ot John Brown at Harper's; j Kerry, iam glad that they no so: jam rej-oi j Ced that they have gone thus far : bnt 1 must lie j ; permitted to say to them that it is not sufficient that they di-avow the act, unless they also re ; pudiate and denounce the doctrines and teach ings which produced the act. Those doctrine# re,nam tiie same: thos-* teaching# are being 1 [toured into the minds of men throughout the country by fu in# of s:>**che.# and pamphlets and boo*# and through partisan presses. The i ce.us-s that produced the Harper's Ferry inva ; sion are now in active operation. Is it true tnat { te people of all the border States are requi- j ' red by fhe Constitution to have their hands j tied, without the power of S"lf-defence, and re main patient under a threatened invasion in 'lie i jdav or in the night ? Can you expect people i to ue patient, when they dare mt lie down to | sleep at night without first stationing sentinels around their house.# to see if a hand of marau idersand murderer# are n ft approaci.ing wiih torch and piftol ? Sir, it requires more i)a:i**nre j tiian freemen ever should cultivate, to submit i to constant annoyance, irritation and .opivtien -110. Jt w** expect to iireserve ti i# Union, we . must remedy, within the Union and IU v-k - ! e:ue to the Cinstituli >:i, everv evil for ihicb i disunion would furnivi a rem * Iv. If the Fed- i ' era I Government fails to act. -fiber from choice ! or from an apprehension .f the want of power, |it cannot be expected tnat the Skr.-s will! be j content to remain unprotected. ! Then, sir, I see no j- ; >pe peace, "ft frat>u j nitv, of good feeling, betw-en tfi-different ir-r --i'ions of the United Suites, except by bringing to wear the power ot th- F.-d-rwl Governm-ut to the extent auifmriz <1 bv •-.* Constitution— to protect the people : • ' -.?# agai: st i any external v.oienc** nt -r # ' I repeat, that it the lh*otv nt the < -a -"-i shall he carried out bv conce.lirv' tu.- h. . tfie tvo- j pie of every Slate to :: ive j..#t u< ti inftitntrou# as they choose, (here c-inr.-.t t* a r.onfiicl, much less nr. '-'f re pi ess: ' * ( -n.'iici," between the free i j anil th- slaveholdmg 3 : J1.-s. Mr. President, the 11 <-f pr-ser-virig a-nr i# plain. Tuis system of sectional warfifte mi,.ft Ceil#'. .he Constitution has given !be power, and ail we ask of Congress is t > give th- tn-au, ■ ; and we, bv indirtmentr and co..victu>n* in the , i Federal court# ot our s-vvra! Stat-s, will make : .such example* ox the leader# of these dmspira- wzzoz,?.: 55*97. VOL. 3. NO. 37. cies ; will strike terror into the hearts of the "tlierr, and there will he an en i of this crusade. Si* - , you must check it by crushing out the con spiracy th" combination, and then there can be sate. v. ! hen we shall be able to rrstore Ihit spiiitol ! aternity which inspired our revolu tionary lathers upon every battle-field : which presided over the deliberations of the conven tion tliat ' amed the Constitution, and filled the ' " ar t ,s :li! ' people who ratified it. Then we snail he no!" to demon.,'ra'e to vou that there is no ev| unredressed m the Union for which ( isunion would iurnish a remedy*. Thpn, sir,' let us execute the Constitution in the spirit in [imcb it was . i •,'•*. I'' Cod -ress pass all the laws necef *,-y ai d proper to give full and com plete effect t . every grantee of the Consiito l' ,!; * ,*n authorize the punishment of ac.es and combinations i:i any State or * a ;>st lite propei ty, if--*ittitiorts, peo* •* t government otanyo ! her State cr Ter ' '■ 5 ■■* v.-sii L- nexcits", no desire, * 1 en ■ - ! .ten, sr. let us leave the people Of every Stat* perfectly tree u. term and it-gu rte t.ieir do -tsc ir.-:tu : lons in their own wcy. L-t each or them re!:;:a slavery just as lor r ;;s |t pie. ••••*, and a I ,|l ,t Vr ien it choot ses. Lrt io act up n that goo,! old yoi ier> prin ciple v.. i" it j:.| to mind their own business and iet their neighbors abne. Let this . J- * done and ~..s U..ion can enuure i rever aj our fathers u. ri * it, composed cl tree and slave >tates, ju.-i as trie ■>eop!e of each State ir.av de ; termine for ti)em*"ive. Mr. f r>'SUMi3s bavin : replied at some length to Mr. Docola*, he made the following rejoinder: „ ° rr. iJ *nr.As. Mr. President, I shall not i , .ox t.*.e Senator from Elaine through his • en :re speech, but simply notice such points as ;m.I "i me MAe reply. He doe* not know v ' 1 ' ' ' • ice rry ;e- 'u'i .n : ho cannot conceive any rood motive for it; he think* ■ t ore inn t "line other motive besides the | on? taut has been avowed. There are some men, 1 krjjw, who cannot conceive that a man ' can be governed by a [patriotic or proper mo tive c;,*t it is nut a:nis - that c!a* c-1 men that i ;<io for t e wuo are g-verned by motives 'of propriety. . have no impeachment to max? oi ins motives. 1 brought in this resolution because 1 tbonght the time had arrived when we should have a measure of practical le<jisla on. I tia seen expressions of opinion against t::e .lower from authorities so '.igh that I felt trn duty to Lung it to t.ie attention of the Senate. I had heard that the Senator from \ irgi.v.a had intimated some doubt on the ques tion of power, as w-'il as of policv. Other Senator* discussed Ire question here for week* ..*.]en £v. .5 confined to my sick bed. Was there any t rang on reasonable in mv coming be* fore the Senate r.t this time, expressing mv own opinion and confining myself to the practical i gisaitun indicated in the resolution ? Nor, sir, I have in my remarks gone outside of the legitimate aigumer.t pertaining to the necessity !br this legislation. I first showed that there ad been a great outrage I showed what £ believeo to be the causes thai hid produced the outrage, and that the causes w.ncii produced it were still in operation ; and argued that, so long as !'ie party fo winch the gentlemen belong re t: sins err;-,. ~i '(j in lull force, those causes will stiil threaten the country. That was all. i he Senator from Maine thinks he will vote for the bill that will oe proposed to carry out U;e objects relerred to in my resolution. Sir, whenever that Senator and his associates on the ■ other side of the chamber will record iheir voies tor a bill of the character descnoed in inv res olution ami speech, I shall congratulate the country ujvon tlie progress they are making to* wards sound principles. Whenever he and his associates will nuke it a felony fur two or more men to conspireto run off fugitive slaves, -Hid punish the conspirators by confinement in i penitentiary, I shall consider that wonder i.il changes have taken place m thrs country. I tell the Senator that tl is the general tone of sentiment in ail those sectionsol the country where the Republican party predominate, so far as I know, not only not to deem it a crime to rescue a fugitive slave, but to raise mobs to aid in 111 • rescue. He tai Us about slandering the Republican party, when we intimate that they are making a war/are upon the rights guaran tied by the Constitution. Sir, where, in the towns and cities with Republican majorities, can you execute the fugitive slave law f Js it in the town where the Senator from New York re.Mt.a--D > you not remember the Jerrey res cuers I- >t at Ooerhn, where the mob was r-iised that male the rescue .jst year and pro (iuced the riot ? Mr. 1 syrt.v. I stated, and I believe it. was ad I,sa:d on iuat in.itt. r, t....11 uas disposed to agree v. itii the betralor in his views as to the question a I power : ar.d that, u ith my views, c suou.u go very fjr far enough to accomplisu ••the pur;.--* —t > ?.-revet!! the "forming of ccin -1 sjii'nci's in one c m'- to attack another. I did n't lii. ierstau i the Senator to say anythino* a ... '• .us: italics to rtm away with slaves ; nor ' • ; und-i.s'.ii.:: tiitn to ■ iy anything about too * iv "■■ ■•' hvv. i i U I sjjould act in ref ' e.er.c to that maiter I do not know; £ will .:i .•: o when it comes; but J asf; the Senator i he!tier t:. at iva- a j ait of his first speech, or whether it is a p.oi "f ios reply ? Mr. 1 'Coi.a-. I Senatoi w ill find it sev etal '.ill - lep I, i in mv first speech, and the que. ion ed :s•ny - t rnnke ij dime to 1 ", i* * ;i < u.mis (o jcun oif lugiiive-ijv.-. a- vieii as io nib Oil noises, or any i if ;a p*:t_\ 1 iam taikn.g about con* , sjiiracn s v :ni ■■ :.ie so c in,nun in ail our nor* thein S'ates. in iii'siic uticJ iDier through tfjeir ageu's, the s!iv- h;ate S> and reduce away slave,* and itin them .'I : v the undeigroLOJ tailrcud, in orißr to send them to Canada.' It is these c jiispiracies to pei prtr&te iipra,- wfth impunity, t. at neep up tut i; i i : a!iu'n. Jolin Brown cdti.ii *boas:, in a put no leftuie i- Cirf elan j, lhat i>e and h:s I.and had been engagrd aif the winter in stealing libra's and running the.n ott
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