£ . ° . "OUR COURWRY-MAY IT ALWAYS BE RIOHT OR WRONG, OUR COUNTRY." ,
VOL. 46.. : ’■ ' ■; v CARLISLE, I>A.. TIII'KSDAV, REMI-ARY J;J, ISliO.
SPEECH OF
.<ATOR S. A. DOUGLAS,
jhe Invasion of States; an/l hfg Reply: to,
. Fessenden. Delivered in the Senate of
jii'tj-ifiiiUmted States, January 23, 18C0.
_ p.J ¥he hour having arrived for the considoro,-;
special order, the Senate, proceeded
ji + jo,consider the following resolution, submitted
| ‘ j (l py Douglas on the Ifith instant ■,
I :fi Meto[rrd, That. the Committee on thy TutUetayy ho
;■ -' instructed to report a bill for tho protection of ouch
f and Territory of tho Union against invasion
1 siy the authorities or inhabitants of any other State
■ Torrltorv nd for tho suppression, n,p.d punish
hcs or combinations in any State or
itopt tp, invade, assail, or molest tho
.infants, property, or institutions of
or Territory of tho Union,
desultory remarks on the siib
-or of the. Federal Government,
itit\ition, to protect the several
lence, aggression and invasion,
. proceeded as follows ;■ I
able to demonstrate that there
this Union for which the Con-
United States has not provided
lolievo, and I lidpe I shall be
-ini that a remedy is,furnished
''Si rong winch can-' bo perpetrated
Union, if the Federal Government
’■n‘6r)|i|jms its whole duty. I think it is clear,
' —ful examination of tho Ponstitptidn,
power is conferred upon Congress)
irovide for repelling invasion from
mntrios; and, secondly, to protect
s of this
■ Stgto, or place, within
fiction of the United £>,tfttgs, I will
your attention, sir, to the, power con
>6n Congress. to, m’otect the United
icluding'States, and the
' Columbia; including every, inch of
ithiri our limits gnd jurisdiction—
treign invasion. In the eighth seo
o first article of tho Constitution, you
that Congress power— ‘
jo- and support ampes; to provide anil
Navyy t<i make rules for the Government
ion of tho land and naval foro'os ; to pro
ling forth tho inilitia to execute the laws
m, suppre|js insurrections, and rop.ol in-
r
•arious clauses confclrjupon Congress
use tlio whqlp military iforce of the
« ~r.T'“T v '.fi 1 ? W’P ose specified in the Con
fh°y sh “U provide for the execu
tioiiijpf the laws of the Union; and, secondly,
insurrections. Tlio insurrections
referred to are insurrections against the
«bpsriiy of the United States—insurrections
liroinst a State authority being provided for
section, in which thq United
cannot interfere, except upon the ap
'JHStiou of the State authorities! The
...-•■« iJ ffi!fohieh istoljc re.pol|ed by this plauso pf
i is gu’invasion of' ilip'O'niteS
Thp Jaugpage, is, UoMgrqsa’
to " Wpel invasions.” 'That gives
thoaut horl ty to repel the invasion, no. matter
-bothOr the enemy shall land'within thpliiu;,
: 'V ,'\ r irf.iniii, within the Xfia'tripl of Colum
i the Territory of New Mexico,or
else, within the jurisdiction of the
tateSi ■ The. power to, protect every
the country against inyasibh from
itions Haying thus hpen specifically
the framers of the Cqnstifution then
to make guarantees for the protec
\ of the States by Federal authority,
the fourth section of the fourth ar
-3 Constitution: ' . ■
nifrd Statcij. aliall gaarantep Jo. oyery
iu Union a republican form of govern
iball protect each of thorn against iiiva
m application of tlio, Lekklatun:, or of.
ro, (when* the Legislature cannot be con
,inst domestic violence.”
tuso contains three distinct guaran
, the Unitpd Stipe?, shall guaranty
iate in this Union a republican form
lent; second, the United States shall
;h of them against invasion;, third,
1 States shall, on application of the
■o, or' of tho Executive, when the
—re cannot he convened, protect them
■iagtpnjjt domestic violence. . Now, sir, I suh
|Mf'! fei-you whether it is not clear, from, the
: of tho Constitution, that this
: claufepvwaa inserted for the purpose of making
yvt ithe duty of tho Federal Government to pro
»|pp£.each .of the States.against invasion fromi
State, Territory, or place within
4iidtid|jpriBdiotion of tlio United States? For
purpose was tho. clause inserted?
'.'Tbeyppwer and duty of protection as against
,'7;m - efgnt4iitiori3 had already been provided'for!
; 'kThfSti}J«tiSe ooenrs among the guarantees frbni
.States to-each State, for the honeJ
.State, for. thp protection of each
I^^W' a 'i^ ecoss » ri ly fl ' on l other States, hia*
had been given hrovi
r foreign nations.' '
authority Tp ncoesegty to show
: trpe construction of The Con
-%“4' 'n»'ll>S 'forty-third
Federalist, wntt.pn bynames
Jladison quotes iliq clause of
which I havp road,'giving
find, after discussing
to fifiph .State 4 republi
j .proceeds to consider
malepa it the dgty of the
u raa|Sw e s to protect, each of the States
•- a^l^Sl® slon ; Hero Is what Mr. Madison
sphject:
' :;‘' s lftfi^S' tio n'again6t invasion is duo from event
composing it. Tho latitudo of
used seel P s to secure each Stato,
fffiMiPB |t .- <lro, g n hostility, hut against am!
““torprisos of its more powerful
, ; s« ;a £ a •****& T d -
Vof the UlfiblShtWJl? at . tho weaker members
«**> WSOUsible to the poll
■ ; S/ The‘-numbor of tho Federalist,-like all tho
ptherSyof that celebrated work, was written
titution was made, and before
by the States, and with a view
.ratification; hence the people
States, when thpy ratified this
low that this clause was inten :
Ihe construction wliich I now
ft was intended to tqako it
iry society to protect each of it?
■ of tho Federal Government to
tho States; and, he says, tho
ought not to bo insensible to
us.arhole of the Constitution,
it bo made the imperative du-
V . .. by the express
•fw™ ,an f f U, ° Constitution, to protect each
pf the States againstmyaaionor Violence from
the other States, qr.from combinations ofdos-
thoif limits it necessarily
, - follows that it is tho duty of Congress to pass
vUUktaws necessary pnd proper to render that
. vguorantep offoctijal. While Congress, in the
. eailjfjhistory of the Government, did provide
tegWSjiPHy Avhichis supposed to ho ample to
- Stows against invasion
and the Indian tribes,
theyhayp juried, up, to this tiipo, to mako any
I , taw fqr; protection of each of tlio States
against iMrosion from within the limits of the
... Union., Fam unahlo to account for this omia-
JPf esumo tho r °ason is to ho found
t no Congress ever dreamed
I thatpuoh, legislation would over hdeomo hoo
|SBary for’tlio protection of one State of this
: ftolon against invasion and violonoo froiu lior
[• '-I-'
sister States. Who, until the Harper’s Ferry
outrage, oyer conceived 'that American citi
zens could'be so forgetful of their duties to
themselves, to their_country, to the Constitu
tion, as to plan an invasion of another State,
the view of inciting servile insurrection,
murder, treason, and every other crime that
disgraces humanity ? While, therefore, no
blame can justly bo attached to our predeces
sors in failing to provide the legislation nec
essary to render this guarantee of the Consti
tution effectual; still, since the experience of
last year, we cannot stand justified in omit
ting longer to perform this imperative, duty.
The question then remaining is,, what leg
islation is necessary and proper to render this,
guarantee of the Constitution effectual? I
presume that there will be very little, differ
ence of opinion that it’will be necessary to
place the whole military power of the Govern
ment at the disposal of the President, under
proper guards and restrictions against abuse,
to repel and suppress invasion when the. hos
tile force shall bo actually in the field.;' But,
sir, that is not sufficient. Such legislation
would hot bo a full compliance with this guar
antee of the Constitution. Tim framers of
that instrument meant more, wlien they gave
the guarantee, Mark the, difference in lan
guage between the, provision for protecting
the United States against. invasion and that
for protecting the Slates. When it provided
for protecting the United States, it said Con
gress shgll havo power to “repel invasion.”—-
When it came to make this guarantee to the
States it changed the language and said the
United States shall “protect” each of the
States against invasion. In the one instance,
the duty of the Government is to repel; in the
Other, the guarantee is that they will protect:
In other vyoyds, the Unite,d-Sttvto.s (ire; not per
mitted to \vaif until the enemy shall bo upon,
your borders; until the invading
have been organized auff drilled and placed
in march yyith g view, to the invasiori; but
they must pass all laws necessary and proper
b>, insure, protection and domestic tranquility
toy each State and Territory of this Union
against invasion or hostilities from other States
aiid-Tcrritaries.
Then, sir, I hold that it is not only necessa
ry,to use the military power when the actual
case of invasion shall occur, but to authorize
the judicial department of the Government to
suppress all conspiracies and combinations in
the several States with intent to invade a State,
or molest or disturb its government’ its peace;
its citizens, its property, or its institutions. l —
must punish tffp Conspiracy, tl(0 combi
nation with intent to do the act, and then you
will suppress it in advance. There is.no
principle more familiar to the legal profession
than that wherever it’ is proper to declare an |
act to be a crime, it is proper to punisli a con
spiracy qr.'combination with intent to perpe
trate the 1 b.obk ppon your, statute-books,
fpid I pvesunie yog will find an enactment to
punish' thehopUtfaffciting of 'thq coin'of the
United States; (ind tlipiV (uuuher ar.Vaiou to
Eunish a liiau for havin'; (;o\pitvvfeit o.oln in
is possession with -valent to pass'it; and ari
"othor section to punish him for having the
jnokls, dr dips, or instruments Tor counterfeit
ing, with intent to usq thein, This is a famil
iar principle in legislative and judicial procee
dings. If the act of invasion is criminal, the
conspiracy to invade should also be made cri
minal, . If it be unlawful and illegal to invade
a State, and run'off fugitive slaves, why not
make it. unlawful to form conspiracies and
combinations in the, several States with intent
to do thfi act? We.have been told that a no-,
torious npui who has 'recently suffered death
for liia crimes upon the gallows,' boasted in
Cleveland, Qhio, in q public,' loctqfq, q year
ago, that he. hqd then a body of men employ
ed in running invay hofsqs from the slavehol
ders of Missouri, and pointed to a livery sta
ble in Cleveland, which was full of tho stolon
horses at that time.
I think it is within our competency, and.
consequently our. duty, to pass a law making
every conspiracy or combination in any State
or Territory of this Union to invade another
with intent to steal or run.away property of
any kind, whether it bo' negroes, or horses,
or property of any other dosoriptipn, into an
other State, a crime, and punish the conspira
tors by indictment in tho United States courts
and confinement in the prisons or penitentia
ries of the State or Territory where the con
spiracy may bo formed and quelled. ■ ,Sir,T
would carry these provisions of law as-’far as
our constitutional powqr will reach. I would
make it a crime to form conspiracies with a
view of inyadi’ng States or Territories to con
trol elections,' whether they ho under the garb
of Emigrant'Aid Societies of New England,
or Blue bodges of hfi,saouri. (Applause" in
the galleries.) In other words, this provision
of the Constitution moans more thqn the more
repelling of an invasion when, the invading
army stfffU r,each the horder’Sfhb Ejbttjav'’ Iflio
language is, it shall protect the'State against
invasion'; % nicgnipg of jvhich is, to fiSp the
language of the nietiinb.le &%} ponstilutjiqh;
to insufq to each State domestic tranquility
against Violence'. ■'Tiheiq can dig'’no
peace, there can be no prosperity, thqr’q can
be no safety, in any community, nplqss it "is
secured against violence from abroad. Why,
sir, it has been a question, seriously mooted in
Europe, whether it was not the'duty of Eng
land, a Bower foreign to Franco, to pass laws
to punish conspiracies in England against tho
lives of the princes of France, I shall not ar
gue the question of comity between foreign
States. I predicate my argument upon- the
Constitution by which wo are governeq, and
which wo have sworn, to obey, and demand
that the Constitution ho executed in good faith
so as to punish ipd suppress every combina
tion, every conspiracy,' either to invade a State
or, to molest its inhabitants, or to diaturh its
property, or to subvert its institutions and its
goyornmqnt, I believe this can he effectually
uonq by authorizing the United States courts
in the several States to take jurisdiction of tho
pnonco, qnd pqnish-. the violation of tho law
with appropraite punishments,
i • Jt cannot bo said that tho timi) has not yet
, arrived for such legislation. It cannot bo
, said with truth that tho Harper’s Ferry case
, Will not bo repeated; or is not in danger of
repetition. It is only necessary tq inquire in
. to the causes -which produced the Harper’s
Ferry outrage, and ascertain whether those
causes are yet in aotiyq operation, and then
you can determine whether there is any greupd
for. apprehension that that inyasqin will bo
repeated, ‘ Sir, what wore tig) causes 'which
produced the Harper’s Ferry'outrage J' With
out stopping to adduce evidence in detail, I
have no hesitation inoxprossing my firm and
deliberate conviction-that the Harper’s Ferry
crime was the natural, logical, inevitable re?
Bu “ the doctrines nod- teachings of the Ee
publionn party, ns explained and enforced in
their platform,, their partisan presses, their
pamphlets and books, and especially in tho
speeches of their leaders in and out of Con
gress. (Applause in tho galleries.)
, Mason. I trust the order of tho Sen
ate will bo preserved, j am sure it is only i
necessary to suggest to the Presiding Officer l
the mdrsponsiblo necessity of preserving tho 1
order of the Senate; and I give notice that, if i
if it is disturbed again, I shaUinalst'uppn thq
galleries beings cleared entirely. ' ■
Mr. Mr., President—^
The Yi?e JpiijssinßNT. The Senator will
pause, far g single moment. It is impossible
for the chair to preserve order without the
concurrence of the vast assembly in the gal-
ljle trusts that thqre. will be, no occa
sion to make a reference, to this subject again.
Mr." Toombs. I hope that the Urepiding'
Officer will place officers in the galleries, and
put a stop to this thing. It is a very bad sign
of the'times. It is unbecoming this body, or
the deliberations of any free people.
The Vice President. The Presiding Of
ficer has not the force at his coflimandto place
officers in the gallery.
Mr. Douglas. If the. Senate will pardon
mo for a digression an instant, I was about
to suggest to the Presiding Officer that I
thought it would be necessary to place officers
in different parts of the gallery, with instruc
tions that if they saw any person giving any
signs of approbation or disapprobation calcu
lated to disturb oitr proceedings, they should
instantly put the guilty person outof the gal
lery. . ■ ' ,
I’m Vice President. That has been done.
Mr. Douglas. ' I was romarkingthat I con
sidered this outrage at Harper’s TFerry ns a
logical, natural consequence of the teachings
and doctrines of the Republican party. lam
not making this statement for the purpose of
crimination or partizan effect. I desire to
call the attention of members of that party to
a reconsideration of the : doctrines that they
are in the habit of enforcing, with a view to a
fair judgment whether they do not lead di
rectly to those consequences, on the part of
those deluded persons who think that all.they
say is meftn,t» in real earnest, and ought to be
Carried out; The great principle.that under
lies the Republican party is violent, irrecon
cilable, eternal warfare upon the institution
of slavery, with the view of its ul
timate extinction throughout the land; sec
tional war is to be waged until the cotton
field of the South shall be cultivated by free
labor, or .the rye fields of New York and
Massachusetts shall bo cultivated by slave
labor. In furtherance of this article of their
creed] you find their political organization not
only sectional in its location, but one whose
vitality consists in appeals to northern pas
sion, northern prejudice, northern ambition
against southern States, southern institutions,
I and southern people.' I have had some ex
perience in fighting this element within the
fast few years, and I find that the source, of
their power, consists in exciting the prejudices
and the passions of the northern section
against those of the southern section. They
not only attempt to excite the North against,
the South, but they invite the South to assail
and,abuse and tradpoe the North. .Southern
abuse, by violent , men, of northern. states
men agd northern ’'people, is qssqntial to
the. triuipph qf the Republican cause- Hence
the course of argument wbipfi wo Rave to’incet
is not duly repelling the appeals 'to northern
passion and prejudice, but wo have to encoun
ter their apper-lg to southern nqen to assail us,
in ordor (hat'they may justify' thein'assaulW
upon the'pjba.of'selfdefenco. .■
Sir,' when I returned homo in 1858', for the
purpose of canvassing Illinois, with a view to
a re-elootion, I had to, meet this, issue of the
“irrepressible conflict.” ’ It is true that the
Senator fi;Om New York had not then made
his Rochester '’speech, and did not for four
months afterwards. It is true that he had not
given tfi’p doctrine that precise' name and
form; but the principle was in existenoei,and
had begu proclaimed by the ablest and most
clear-headed men of the party.. I will call
your attention, sir, to a single passage from a
speech, jq show the language in which this
doctrine was stated in Illinois before it receiv
ed the name of the “irrepressible conflict.”
The Republican party assembled in State
convention in June, 1858, in Illinois, and
unanimously adopted Abraham Lincoln as
their candidate for United States Senator.
Mr. Lincoln appeared before the convention,
accepted the nomination, and made a speech
—which had been previously written and
agreed to in caucus, by most of the leaders of
the party. 1. will'read a single extract from
that speech:
“In my opinion, it [tbo slavery agitation] will not
coaso until a crisis shall havo been reached and
passed. ‘A house divided against itself cannot
stand.’ X holiovo this Government cannot endure
permanently, half slave and half free. I donotex
poct the house to fall, hut I do expect it will oeaso
to ho divided. It will become all one thing or all
the other. Either the opponents of slavery will ar
rest tho further spread, of it, 'and place it where.tho
public mind shall rest in tho belief that it is in tho
course of ultimate extinction ; or its advocates will
push forward till it shall become alike lawful in all
the States—old as well as now, North as well as
South.” . - ■
SHU tho moment I lauded tipon the soil of
Illinois, gt a vest gathering of many thorn
sands of my constituents to wqloomQ mq Irqnrg,
T read that: passage, and took dirgotisspo with
the 'dootrinq contained in it.'as being rqvoliß
tionary and treasonable,’ and inconsistent with
the'perpifuity of this Republic. 'That is not
merely the individual opinion 6f Mr. Lincoln;
nor ig ittlig individual opinion merely of the
Senator from Now York, who for four months
afterwards assorted Vhg same doctrine iu dif
ferent language; hptj'so far as I know, it is
the general opinion of the members of the
Abolition or Republican party. ’ They toll the
people of the North that unless they rally as
one man, under a sectional banner, and make
war upon, the Ejouth with a view to the ulti
mate extinction of slavery, slavery will over
run the whole North and fasten itself upon
all the free States. They then-toll the South,
unless you rally as one man, binding the whole
southern people into a sectional party, and
establish slavery over all tho free States, the
inevitable consequence will bo that ,wo shall
abolish it in tho slnvo-hojding States. The
same doctrine is held by tho Senator from
Now York, in his Rochester speech. Ilo.tells
u's that, the States must all become free, dr all
become slave; that the South, in other words,
must conquer and subduo tho Northern 1 tho
North must triumph oyer tho South, and drivo
slavery from within its limits.
JWr. President, in order to show that I have
not misinterpreted the position of the Sena
tor from New York, in notifying tho South
that, if they wish to maintain slavery within
their limits, they must also fasten it upon the
northern States, Twill read an extract front
his Rochester speech:
“It la an irrepressible convict between opposing
ana enduring forces; and it moans that tho United
States must and will, sooner or.latey, become*either,
ontifoly a shareholding nation] or onUroly a free-la
bor nation. * Either tho cotton apu rice I 'fields of
South .Carolina, and tho sugay plantations of Lou
isiana, will ultimately ho tilled by free labor, and
Charleston and Now Orleans hccoino marts for le
gitimate merchandise alone, or else the rye, fields
and Vflioat fields of Massachusetts and New’ York
must again ho surrendered by. their farmers to slave
culture and to tho protection of slaves, and Boston
and New York become once more markets for trade
in tho bodies and souls of men.”
Thus, sir, you porooivo that tho theory of
tho Republican party is, that there is a'con
flict hqtwoen two different systems of institu
tions in tho respective'classes of States—not
a conflict in the same Slates; but an irrepros-
sible conflict between the free States end the
slav? States; and they argue that these two
systems of State cannot permanently exist in
the same Union; that sectjlbrial warfare must
continue to rage and increase with increasing
fury until the free States shall'.surrender, or
the'slayo States shall'ho -subdued. Hence,
while, they appeal to the passions, of our own
section, their object is to alarm the., people, of
the. other section, and drive them to, mphess,
with the hope that they Will inyaffe.ouy rights
as an excuse for some of Our psppje. to carry
on aggressions upon their rights.; I appeal
to the candor of Senators,’whether this is not
a fair exposition of the tendency of the doc
trines proclaimed by the Republican party.
The creedpf that party is founded upon the
theory that, because slavery is hot desirable
in our States, it is not desirable anywhere;
because free labor is a good, thing with us, it
must be the best thing e verywhere. In other
words, the creed of their party rests upon the
theory that there must be.-«ai/bm% in the
domestic institutions anduptornal polity of the
several States of this Uhibn. There, in my
opinion, is the fundament alorror upbn which
their whole system rests. In the Illinois can
vass, I asserted, and now repeat, that unifor
mity in the domestic institutions of the differ
ent States is neither possible nor desirable.
That is the very issue upon'which I conduct
ed the canvass at home, and it is the question
which I desire tp present to the Senate.. Ire
peat, that uniformity in domestic institutions
of the different States is neither possible nor
desirable.
Was such the doctrine of the framers of the
Constitution ? , I wish the country to bear in
mind that when the. Constitution was adopted
the Union consisted of thirteen States; twelve
of which were slaveholding States, and one a.
free State. Suppose this doctrine. Of unifor
mity on the slavery question had prevailed in
the Federal convention, do the gentlemen oh
that side of the House think that freedom
would have triumphed over slavery ? Do they
imagine, that the on? free . State would have
outvoted the twelve slaveholding States, and
thus have abolished slavery throughout the
land by a constitutional provision’? On the
contrary, if the test had then been made, if
this doctrine of uniformity ,; on the slavery
question had then been proclaimed and be
lieved in, with the twelve slaveholding States
against one free State, would it not, have re
sulted in a constitutional provision fastening
slavery irrevocably upon qvefy inch of Amer
ican soil, Worth ns well as South? Was it
quite fair in those days for the friends, of free
institutions to clqim that theFoderal Govern
ment must, not touch. the question', but must
leave flip people, of each Stale to do as they
pleased,’ until under the operation of that'
principle they secured the majority, and thah
wield that majority to abolish slavery in the
other Statps of the Union ? ;■
Sir, if qniformity in respefit to domestic in
stitutions'had been deemed . desirable when
the Constitution was-adohliidj'there was ano
ther mode by which,
tained. ■ .The natural mode. Of-bbtaimhg uni
formity was to haye blotted out the, State gov-
Degis
latures, to have, conferred upon Congress leg
islative power'over the municipal and domes
tic concern? of the people of all the as
well as "upon Federal questions affecting the
whole Union; and if this doctrine of unifor
mity had been entertained and favored jiy the
framers of the Constitution, Such would have
been the result. But, sir, the frapiersof that
instrument knew, at that day, as well qs we
now knbw, that in a country as broad as this,
with so great a variety of climate, of soil, and
of production, there must necessarily be a
corresponding diversity of institutions and
domestic regulations, adapted to the wants
and necessities of each locality. The framers
of the Constitution knew that the laws and
institutions which were well adapted to the
mountains and valleys of New England were
ill-suited to the rice plantations and cotton
fields of the Carolines.. They knew that onr
liberties depended upon reserving the right to
the people of each State to make their own
laws and establish their own institutions, and
control them at pleasure, without interference
from the Federal Government, or from any
other State or Territory, or any foreign coun
try. The Constitution, .therefore, was based,
and the Union was founded, on the principle
of dissimilarity in the domestic institutions
arid internal polity of the several States. The
Union was founded on the theory that each
State had peculiar interests, requiring pecu
liar legislation, arid peculiar institutions, dif
ferent and distinct from every other State.
The Union rests on the theory .that no two
States would bo precisely alike in their domes
tic policy and institutions. ’ ' .
.Hence, I assert that this doctrine of unifor
mity in the domestic institutions of the differ
ent Statqs is repugnant to the Constitution,
subversive of thq principles qpon which the
Union wiis-based, revolutionary in. its charac
ter, and loading directly to despotism if it is
oyer'established. Pniformity. in local and do
mestic qffairs in'a country of great extent is
despotism always. show me centralism pro
scribing'uniformity from the capital to all of
it? provinces in their local and. dornestic' rion
cornsj'and I will*’slprw you a deipotiam as
odious and as insufferable as tiSqt 1 bf Austria
or of Naples. Dissimilarity is" the principle
upon which the Union rffsts. It is founded
upon the idea that each Statq must necessari
ly require different regulations; that no two
States have precisely the some interests, and
hence do not need precisely the same laws ;
andyoubanriotacoountforthis confederation of
States qpon any other principle; • ;
Then, sir, what becomes of this doctrine
that slavery must be established in all the
States or prohibited in all the States ? If we
only conform to the principles upon which the
Federal Union wa? formed,'there can bo no
conflict. It is only necessary to recognize the
right of the people of every Igtate to have just
quoh institritiona as they please, without con
sulting your wishes, your views, or your prej
udices; and there ban bo no conflict.
And,_ sir, inasmuch as the Constitution of
th? United States confers yvptiri Congress the
powqr coupled with the duty,:of protecting
each State against external aggression, and
inasmuch as tljat includes the 'power of sup
pressing and punishing conspiracies in one
State against the institutions, property,’peo
ple, or government of ovpry other State, I de
sire to carry offt that power vigorously.' Sir,
give us such ft law as the Constitution contom-
§ lutes, and authorizes, and 1“ will show the
enatoy-from New YoVk that there is a con
stitutional mode' of repressing the f.-irrepressi
hlo conflict." f will open the prison door to
allow conspirators against the peace of the
Republic and the domestic tranquility of our
States.to select their colls wherein to drag out
a miserable life, as a punishment for thoir I
crimes against the’poapo 6f society. .
Can any man say to us that although this/
outrage has been perpetrated at Harper’s
Ferry, there is no danger of its recurrence?
Sir, is not the Republican party still 9™“°"
died, organized, confident or success,■ and de
fiant in its pretensions? Does it not now hold
and proclaim the same creed that it didjjetoro i
this invasion ? It is true that most of itsrop-
resontativos here disavow the iicts of John
Brown at Harper's Ferry. I am glad that
they do soI am rejoiced that they havogorib
far j but I must be permitted to say to
them that it is not sufficieutthat they disavow
the act, unless they also repudiate and de
nounce,'the dopirines abd teachings which pro
duced the', ndt. IJhose doctrines remain the
'same;, thosp, teachings’ are being poured into
-the'minds pf.m'dn throughout the country by
means of speeches and’pamphlets and books,
and through partisan presses’. The causes
that produced the Harper’s Ferry invasion
are now in active operation. ’ It is tru'd that
the people of all the border States are.required
by the Constitution to have their hands'tied,
without the power of sclf-defepcp, and remain
patient under a threatened in vasion in the jay
or in the night? Can you expect peppje.to bo.
patient, when they dare not he. down to sleep,
at night without first stationing sentinels
around their houses to see if a bepd of marau
ders and murderers are not approaching with
torch and pistol ? Sir, it requires more, pa
tience than freemen ever should cultivate, to
submit to constant annoyance, irritation and
apprehension. If we expect to preserve this
Union, we must remedy, within the yniop apd
in obedience to-the Constitution, every evil for,
which disunion would furnish a remedy. If
the Federal Government fails to act, either
from choice or from an apprehension of the
want of power, it cannot bo expected that thtj
States will he content to remain unprotected.
Then, sir, I see no hope of peace, of frater
nity, of good feeling, between the different
portions of the United States, except by bring
ing to bear the power of the Federal Govern
ment to the extent authorized by the Consti
tution—-to protect the people of all the States
against , any externalviolence, or aggression.
I repeat, that if the theory of the Constitution
shall bo carried out by conceding the right of
the people of every State to have just such in
stitutions os they choose, there cannot be a
conflict, much loss an ‘‘irrepressible conflict,”'
between the free and the slaveholding States.
Mr. President, the inode of preserving peace
is plain. This system of sectional warfare
must cease. The Constitution has given the
power, and all wo ask of Congress is to give
the means, and wo, by indictments and con
victions in the Federal courts of our several
States, will make such examples of the leaders
of these conspiracies as will strike terror into
the hearts of the others, and there will be an
end of this crusade. Sir, you must check it
by crushing but the conspiracy, the combina
tion, and then there can be safety. Then we
shgll be. ab'bl 0 re.atbrpj'that spirit of fraternity
which inspired bur revolutionary fathers upon
every battle-field; which presided over the
deliberations of the convention that framed
the Constitution, and filled'the hearts of the
pbople who ratified it. Then wo. 'shall be able
to demonstrate to you that there’ is no evil un
redressed in the Union for which disunion
would furnish a remedy. Then, sir, let us
execute the Constitution in the spirit in'which
it was made... tot Congress pass all the laws
necessary and proper to give full force and'
complete effect to every guarantee of the Con
stitution. Let them authorize' the punishment
of conspiracies and combinations in any State
or Territory against the property, institutions,
people or government of any other State or
Territory, and there will he no excuse,- iib de
sire, for disunion. lot us leqve the
people of every State perfectly free to form
I and rfegnlatb their domestic institutions in
their own way. Lot each of them re'taihsla
voryjust as long as it pleases, and.abolish it
when it chooses. Lot us net upon that good
old golden principle which'teaches qll’mcn to
mind their own business and lot their neigh
bors alone'. Let this he done and this Union |
can endure forever .as our fathers made it,
composed of free and slave States,-just as the
people of each State may determine for them
selves.
3 Mr. Fessenden having replied at some length
i to_ Mr. Douglas, he made the following rc
r joinder:
) Mr. Douglas. Mr. President, I shall not
i follow the Senator from Maine through his
1 entire speech, hut simply notice such points
: as demand of me some reply. He does not
■ know why I introduced my resolution; hccan
■ not conceive any good motive for it; he thinks
there must bo some other motive besides the
i one that .has been avowed. There are some
men, I know, who cannot conceive that a man
can be governed by a patriotic or proper mo
tive ; 'but it is not among (that class of men
that I look for those who are governed by mo
tives of propriety. I have no impeachment to
make of liis,motives. I brought in this reso
lution because I thought the time had arrived
when wo should have a measure of practical
legislation. I had seen, expressions of opinion
against the power from authorities so high
that I felt it my duty to bring it to the atten
tion of the Senate. I had hoard that the
Senator from Virginia had intimated some
doubt on tho question of power, as well as of
policy, Other Senators discussed tho question
hero' for weeks when I was confined to my.
sick bed. Was there anything unreasonable
in my coming before the Senate at this time,
expressing my own opinion and confining my
self to tho practical legislation indicated m the
resolution ? . Nor, sir, havi I in my remarks
gone outside of the legitimate argument per
taining to the necessity for this legislation. I
first showed that there had been a great out
rage ; I showed what I believed to be tho cau
ses that had produced the outrage, and that
the causes which produced it wore still in ope
ration ; and argued that, so long as tho party
to which the gentlemen belong remains embo
died in full force, those causes will still threat
en tho country. That was all.
The Senator from Maine things he will vote i
for the bill that will be proposed to carry out !
the objects referred to in my resolution. Sir, i
whenever that Senator and his associates on i
tho other side of tho chamber will record
their votes for a bill of the character doscr
bed in my resolution and speech, I shall
congratulate the country upon the .pro
gress they are making towards sound prin
ciple's. ' Whenever ho and his associates
will make it a felony for two or more men to
conspire to run off fugitive slaves, and punish
the conspirators by confinement in tho peni
tentiary, I ‘ shall ‘‘ consider that wonderful
changes have taken place in this country.' I
toll the Sehntof thaji it' is thp general fond of I
sentiment iiVqll those sections of the country I
whore'the Republican party predominate, so
far as I know, Hoi only not to doom if a crime
to rescue q fugitive slave, but to raise mobs to
aid in the rescue. He talks about slandering
tho Republican party when wo Intimate that
they, are 1 funking a warfare upon the rights
guarantied by the Constitution. Sir, whore,
in the towns and pities with Republican ma
jorities, 'can yon execute tho fugitive slave
law? Is it in tho town where tho Senator
I from New York resides ? Do.yon not remem
ber tho Jcrroy rescuers? Is it at Oberlin,
whore tho mob was raised that made tho rcs
ouo last year and produced the riot?
Mr,. Fpssenden,. I stated, and I believe it
was all I said on that inatter, that I was dis
posed to agree with the Senator in his views
as to the question of power; and that, with
my views, I should go very far—far enough
to accomplish the purpiso—to prevent the
forming of conspiracies in one State to attack
another. I' did not understand.the Senator to
say anything n,bout conspiracies to rim away
with slaves; nor did I understand him to say
anything about the fugitive slave law. 1 How
I should act in reference to that matter I do
dot kn'qw; I wiU meet it when it comes; but
I ask' the Senator whether that was a part of
his first, speech, or whether it is a part of his
reply?,’
Mr. Douglas. The Senator will find it
several times repeated in my first speech, arid
the question asked Why not make it a crime,
to form conspiracies add combinations to run
off fugitive slaves, as well as to fd'n off-horses,
or any other properly ? I am talking about
conspiracies which are so comhidjh, inpall our
northern States, to invade, and dptcr, through
their agents, the slave States, and seduce,away
slave a and run them off.by the. underground
railroad, in ordjOr td send them to Canada.—
It is these conspiracies to perpetrate crime
with impunity, that 'keep up the irritation. —
John Brown could boast, in a public lecture
in Cleveland, that ho and his band had been
engaged all the winter in stealing horses and
ruunj-ng’ fijpm the; 'slaveholders in
Missouri, and that the livery stables were
then filled with stolen horses, and yet the con
spiracy to, do, it could not b.o punished.
Sir, I desire a law.thhtwill make it a crime,
punishable by imprisonment in the peniten
tiary, after conviction in' tile United States
court, to make a conspiracy in one State,
against the people, property, government;'dr
institutions, of another. Then we shall get
at the root of the evil.' I have no depljifc that
gentlemen On the other side, will vote‘for a'
law which pi'ctcnds to’comply with the guar
antees of the Constitution, without carrying
any force or efficiency in its provisions. I have
heard men abuse the fugitive slave law, and
express their willingness to vote for amend
ments ; but when you came to the amend
ments which they, desired to adopt, you found'
they were such as would never return a fugi
tive to his master. They would, go for any
fugitive slave law that had a hole in'it big
enough to let £ho negro drop through and es
cape ; but none that would comply with the
obligations of the Constitution. So wo shall
find that side of the Chamber voting for. a law
that will, in terms, disapproye of unlawful
expeditions against neighboring States, with
out being efficient in affording protection.
But the Senator says it is a part of the pol
icy'of the northern Democracy to represent
the Republicans as being hostile to southern
institutions. Sir, it is a part of tlie policy of
the northern Democracy,.as well astheirduty,
to speak the truth on that subject, I did not
suppose that any man would have the auda
city to arraign a brother Senator here.for re
presenting the Republican party ,as dealing
in denunciation and insult of the institutions
of the South. Look to your Philadelphia
Platform, where, you assert the sovereign
power of Congress over the Territories for
their government, and demand that it shall be
exerted against those twin relics of barbarism,
polygamy,and slavery. .‘'• ■ .•••• .." “
. ' jVlr. fesENnptr. ■'tei' mo, suggest to. (he
.Spngtor'ihat beid‘entl&dy changingthe issu'd
bqtWeen 'him find j : did not desire £6 says,
and I did ho't SaVji'that the Republicans of. the
North jyerp_ potnlnfriondly to the institution
Of slavery.' X adiqittod myself that I was; T
trust they 'all pro. It is not in that respect
jhqt I acduso, the' Democracy of the North of
misrepresenting the position of the liepubll
| can party. _ It was in representing that they
desired to interfere with the institution in the
southern States. That is the ground—that
they wore opposed to southern rights, That I
they do not think well of slavery as it, exists
in this coußtry, I do not undertake to deny.
I do not know that southern gentlemen ex
pect us to be friendly to it. T apprehend that
they would not think very well of us if we
pretended' to bo friendly to it.--If we. were
friendly to the institution, wo should try to
adopt, wo certainly should not Oppose it; but
what I charged upon the northern Democracy
was, that they misrepresented our position.— ;
That wo were opposed to the extension of sla
very over free territory, that we called if a
relic of barbarism,. I admit; but I deny that
the Republican party, or the Republicans ge
nerally, have ever exhibited a desire or made
a movement towards interfering with the'right
of southern men, the States, or any constitu
tional rights that they have anywhere. That
is the charge I made.
Mr. Douglas. Mr. President, for what
purpose does the Republican party appeal to
northern passions and northern prejudices
against southern institutions and the southern
people, unless it is to operate upon those in
stitutions ? They represent southern institu
tions ns no better than polygamy; thq alijye :
holder,as no better than the polygamist; and
complain that wo should intimate that they
did not like to associate with the slaveholder
any better than with the poly gam islj ‘ I can.
see a monstrous lowering 6f the’ flag in the
Senator's speech and'explanation. I would
respect the concession, if the fact was acknow
ledged. This thing of shrinking from position
that every northern ‘man knows, tq bo true,
and arraigning men for slander for'tolling the
truth to them—. ’ ’ ’ ■ •"■■■ .»:■
Mr. Bessenden. I know it not to bo true.
Mri Douglas.' You may knpw it down'ln
Maine,', but you do not know it in Illinois.' ' I
h'avq always noted those men who Were
so far off froni' the slave States that' they did
not know-ariyt'hin'g about them, are mosf'anx
ious for the fate'of the poor slate'. 1 ".'Those rii'eYi
who are ad tar off that they do riot know what
U negro’is, are.distressed to' (Jdath'about the
condition of the poor riegro. "(Laughter.)—
But, sir, go into the 'border States, where we
associate across the lihe, where the civilities
of society are constantly interchanged; whore
we trade with each other,"arid hayo social and
doimnoroial intercourse'; arid there you will
find them standing by each other like a band
of brothers. Take sduthern Illinois, southern
Indiana,' southern Qhib, and that part of lionn
fcylvania bordering on Maryland, rind there
you 'ivill find social intercourse; commercial
intercourse; gpodfeoling; lauaiuso those poo
plo know tho condition of tho slave on tho op
posite sido of tho lino; hut, just in proportion
as you recode from the siavo States, just in
proportion as the people are ignorant of tho
toots, jast in that proportion party leaders can
impose on their sympathies and honest preju
dices. -
Sir, I know it is the habit of tho Itepulfii
,oan party, as a party, wherever I have mot
them, to make the warfare in such a way as
to try to rally the whole North on sectional
grounds against tho South. I know that this
is to be tho issue, and it is proven by the speech
of tho Senator from Now York, which I quo
ted before, and that of Mr, Lincoln, so far ns
they are authority. I happen to have those
speeches before me. The Senator from Maine
has said that neither of these speeches justi
fied the conclusion that they asserted, that the
free States and tho slave States cannot coexist
permanently in the same Republic. Lot us
see whether they do or not. Mr. Linoqln
says
A' homo divided ngaiust itself cannot stand. I
lolicvo this Government caniiot endure pcnn'aucnt
-Iy, half slave and half free.”
Then he goes on to say they must nil bo one
thing or all the other, or else the Union can
not endure. What is the. meaning of that
language, unless it is thnt' tho 1 Union cannot
pbrmanentiy.exist, half slave and half free—
that it must all become one thing.br all be
come the Other f That is the declaration.—
The; declaration is that the North must com
bine as a sboticmb.l party; and carry on, the,
agitation so'fiercely, tip to the very borddra of
the slaveholding States, that the master dare
not sleep at liigrit fdf fear that the robbers)
the John Browns, will obm.e and sot his house
oh' fire, and murder the. woineh. and children,
before morning. It iif’to sdl-round the slave
holding States by a cordon bf free States, to
use the language of the Senator; to hem them'
in, in order, that you may smother them out)
The Senator avowed, in his speech to-day,
their object to be to hem in the slave States,
in order that slavery may die out. How die ■
out? Confine'it to its present limits ; let the
ratio of increase go oh by the laws of nature );.
and just in prppbrtiiJn "as the lands in'the
slaveholding States wear out, the negroes in
crease, and you will soon reach that point
where the soil -bill not prhduco'enough to feed
the slaves.'; then hem them in, and let them!
starve out—let them die out by starvation.— 1
That is the policy—hem .them in, and starve,
them out. l)o as the French did in Algeria)
when the Arabs took to the caverns—smoko
them out, by making .fires at the mouths of
{lib e'avefris, and keep them burning until they
die. The policy is, to keep up this agitation,
along the line; make slave property insecure
in the, border States; keep the "master con
stantly in apprehension of assault) till he will
consent to abandon his native country, leaving
his slaves behind him, or to remove them fur
ther Sbiith. ’ If you can'force Kentucky thus
to : abolish 'slavery, you make Tennessee the
herder' State, and begin the same operation
upon her.
'But, ‘sir, lot us see, whether the Senator
from New York did not proclaim the doctrine
that free States and slave States cannot per
manently exist in the same Republic.- Htf
said; •
“It ia an irrepressible conflict between opposing
and enduring forces; and il means that .the United
States must and will, eoo.ner or later, become either
entirely a slaveholding nation, or entirely a frco-la
.bor nation.”, a
Tile opposing conflict is between the States;
the Union cannot remain ,as it now is, part
free and part slave. The conflict between
! free Slates and slave States must go on until
there is not a slave State loft, or until they ,
are all slave States. That is the declaration
of the Senator from New York. The Senator; -
from Maine tried-to make the Senate beljevO
that I had misrepresented, the. Senator from
New York and Mr. Lincoln, of Illinois, in'
stating that they referred to a conflict between
States. Ho said, that all they meant was that .
it was a conflict between free labor and slave
labor in the same State. Now, sir, let mb
submit to that man’s candor Whether he will
insist on that position. They both say the
contest will go oh until the. States become all
free or all slave.; . Then, when is the contest
going to' 'end ?/ When they become all slave ?
Will there npt bb the same conflict betweeii
free labor, and slave 'labor, after every State
has become a slaf'e Stale, tbit there is now?
If that was the meaning, would'the conflict
between slave labcir and free laborgease even,
when every State had become elavetiblding ?
Have hot all the slaveholding States a large
number Of free laborers within her limits;'
and if there is an irrepressible conflict be
tween free labor and slave labor; will you-re :
move that conflict by inakig the States all
slave? Yet, the Senator from New York
says they must become all slave or all free
before the conflict ceases, Sir, that shows
that the Senator from New' York meant what .
I represented hup as meaning. It khoNvsiliat
a man who knows the inbaning of wi/rds; anil
has the heart to express them $a they reiui;
cannot fail to know that that was thb'm&tiif
ing of those Senators.- The boldness, with'
which a charge of misrepresentation may he
made in this body will not give character to
it when it is contradicted by the facts.. I dis?
like to have to repel these charges of unfair- .
ness and misrepresentation; yot the Senator
began with a series of inuendos. With a series
bf complaints of misrepresentations, showing -
tirat he was afraid to meet the real issues of
his party, and would make, up for' that by
personal assaults and inuendos against the
opposite party.- ; : '■
Ho goes back to a speech of mine in oppor
sition to thb Lecompton constitutibn, in which
I spid that if yon would ' send'that qOustitu- .
tipn b«cfcand let the' people of’ Kahsas; Vese for
or against H, if* they voted, for a free Stiit'o or
q' slave' State I wcaild go for it without caring :
Whether they yoted slavery up or down. He’
thinks it is a great charge against me that !'
do hot care whether the people vote it up or’
Vote it down. ' ' ''
S|r. Jho Senqto.r is mistokeh'
as to the speech to which I referred. “It whs
one of his speeches made dp luV ‘ eopthbrn
toury that I referred to:
ip. JbouGLAS. The idea is taken from a
speech in the Senate—the first speeoh'lymado
against the Leeompton constitution. . It 1 was'
quoted all over Illinois by Mr. Lincoln In f|ib'
canvass, and I repeated the sentimeiit
time It, was quoted against mo, and'fepeated'
it in the South ns well ns the North! ' I say
this: if the people of Kansas want a slave
State, it is their business an 4 not mine; if
they want a free State, they have' q right, to
have it; and hence, I do n'ot 'carouse far as
regards my potion, whether they make it a
free'State or not; it is none of my business.
But the Senator says lie does care, ho has a
preference between freedom and slavery.—
flow long would this preference last if he
was a sugar planter in Louisiana, residing oh
his estate, instead of living in Maine 1 Sir, I
hold the doctrine that a wise statesman will
( adapt his laws to the wants, conditions, and
I interests of the people to be governed by them,.-
I Slavery may bo very essential in one climate 1
and totally useless in another. If I were a
citizen of Louisiana I would vote for retain-"
ing and maintaining slavery, because I be-’
lievo the good of that people would require it.
As a citizen of Illinois I am utterly' opppvfcd'
to it, because our interests would not bo'pro-"
inoted by it. I Should like to" see the Aboli
tionist who would go and live in a southern'
country thgt wduld hot |ct over his scruples
very soon and have a plantation as quickly as
he could got the money to buy it.
I have" said and repeat that this question of
slavery is one of climate, of political ooonbmy,
of self-interest, not a question of legislation.".
Wherever the climate, the soil, the health of
the country is such that it cannot be cultiva
ted by white labor, you will have African la-"
bor, "and compulsory labor at that. Wherev
er white labor can bo employed cheapest and
most profitably, there African labor will fo-'
tire and white jabor will take its place. .
Y6u cannot force slavery by all the acta of
Qohgresff yoi} may tiiko on one. inch of torri-'
tqisy' agaihsj "flio will of the people; apd ! j‘oif
cannot by any law you can m'ako" keop’it olif
from ono inch of American territory where
(Concludedon Fot&thpage.)
NO. 37.