- '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