FIRST INTRODUCTION OF THE SUBJECT OF SLAVERY IN THE SENATE, DURING THE ADMINISTRATION OF JACKSON—PETITIONS FOR ITS ABOLITION IN THE DISTRICT OF COLUMBIA—THE RIGHT OF PETITION VINDICATED BY BUCHANAN—INCENDIARY PUBLICATIONS—ADMISSION OF MICHIGAN INTO THE UNION—STATUARY FOR THE CAPITOL—AFFAIRS OF TEXAS.
In the latter part of the second administration of General Jackson, the subject of slavery began to be pressed upon the attention of Congress by petitions for its abolition in the District of Columbia.
In a future chapter will be traced the origin and progress of the anti-slavery agitation in the Northern States. At present, it is only needful for me to describe Mr. Buchanan’s course as a Senator, on the different aspects of this subject which arose during the second administration of General Jackson. On the 7th of January, 1836, two petitions were presented in the Senate, signed by citizens of Ohio, praying for the abolition of slavery in the District of Columbia. Mr. Calhoun demanded that they should be read, and, after the reading, he objected to their being received. Mr. Buchanan made the following remarks in replying to Mr. Calhoun:
Mr. Buchanan said that, for two or three weeks past, there had been in his possession a memorial from the Cain Quarterly Meeting of the religious Society of Friends, in the State of Pennsylvania, requesting Congress to abolish slavery and the slave trade within the District of Columbia. This memorial was not a printed form—its language was not that in established use for such documents. It did not proceed from those desperate fanatics who have been endeavoring to disturb the security and peace of society in the Southern States, by the distribution of incendiary pamphlets and papers. Far different is the truth. It emanates from a society of Christians, whose object had always been to promote peace and good-will among men, and who have been the efficient and persevering friends of humanity in every clime. To their untiring efforts, more than to those of any other denomination of Christians, we owe the progress which has been made in abolishing the African slave trade throughout the world. This memorial was their testimony against the existence of slavery. This testimony they had borne for more than a century. Of the purity of their motives, there could not be a question.
He had omitted to present this memorial at an earlier day, because he had thought that, on its presentation at the proper time, much good might be done. He had believed that, by private consultations, some resolution might be devised upon this exciting subject which would obtain the unanimous vote of the Senate. If there was one man in that body not willing to adopt a proper measure to calm the troubled spirit of the South, he did not know him. This, in his judgment, would be the best mode of accomplishing the object which we all desire to accomplish. The proper course to attain this result was, in his opinion, to refer the subject, either to a select committee, or to the Committee for the District of Columbia. They would examine it in all its bearings, they would ascertain the views and feelings of individual Senators, and he had no doubt they would be able to recommend some measure to the Senate on which they could all unite. This would have a most happy effect upon the country. He had intended, upon presenting the memorial which he had in charge, to have suggested this mode of proceeding. He regretted, therefore, he had not known that his friend from Ohio (Mr. Morris) was in possession of memorials having a similar object in view. If he had been informed of it, he should have endeavored to persuade him to wait until Monday next, when he (Mr. B.) would have been prepared to pursue the course he had indicated. But the question has now been forced upon us. No (said Mr. B.), it has not been forced upon me, because I am glad to have a suitable occasion of expressing my opinions upon the subject.
The memorial which I have in my possession is entitled to the utmost respect, from the character of the memorialists. As I entirely dissent from the opinion which they express, that we ought to abolish slavery in the District of Columbia, I feel it to be due to them, to myself, and to the Senate, respectfully, but firmly, to state the reasons why I cannot advocate their views or acquiesce in their conclusions.
If any one principle of constitutional law can, at this day, be considered as settled, it is, that Congress have no right, no power, over the question of slavery within those States where it exists. The property of the master in his slave existed in full force before the Federal Constitution was adopted. It was a subject which then belonged, as it still belongs, to the exclusive jurisdiction of the several States. These States, by the adoption of the Constitution, never yielded to the General Government any right to interfere with the question. It remains where it was previous to the establishment of our confederacy.
The Constitution has, in the clearest terms, recognized the right of property in slaves. It prohibits any State into which a slave may have fled from passing any law to discharge him from slavery, and declares that he shall be delivered up by the authorities of such State to his master. Nay, more, it makes the existence of slavery the foundation of political power, by giving to those States within which it exists representatives in Congress, not only in proportion to the whole number of free persons, but also in proportion to three-fifths of the number of slaves.
An occasion very fortunately arose in the first Congress to settle this question forever. The Society for the abolition of Slavery in Pennsylvania brought it before that Congress by a memorial which was presented on the 11th day of February, 1790. After the subject had been discussed for several days, and after solemn deliberation, the House of Representatives, in Committee of the Whole, on the 23d day of March, 1790, resolved “That Congress have no authority to interfere in the emancipation of slaves, or in the treatment of them within any of the States; it remaining with the several States alone to provide any regulations therein, which humanity and true policy may require.”
I have thought it would be proper to present this decision, which was made almost half a century ago, distinctly to the view of the American people. The language of the resolution is clear, precise, and definite. It leaves the question where the Constitution left it, and where, so far as I am concerned, it ever shall remain. The Constitution of the United States never would have been called into existence,—instead of the innumerable blessings which have flowed from our happy Union, we should have had anarchy, jealousy, and civil war among the sister Republics of which our confederacy is composed, had not the free States abandoned all control over this question. For one, whatever may be my opinions upon the abstract question of slavery, (and I am free to confess they are those of the people of Pennsylvania,) I shall never attempt to violate this fundamental compact. The Union will be dissolved, and incalculable evils will arise from its ashes, the moment any such attempt is seriously made by the free States in Congress.
What, then, are the circumstances under which these memorials are now presented? A number of fanatics, led on by foreign incendiaries, have been scattering “arrows, firebrands, and death” throughout the Southern States. The natural tendency of their publications is to produce dissatisfaction and revolt among the slaves, and to incite their wild passions to vengeance. All history, as well as the present condition of the slaves, proves that there can be no danger of the final result of a servile war. But, in the mean time, what dreadful scenes may be enacted before such an insurrection, which would spare neither age nor sex, could be suppressed! What agony of mind must be suffered, especially by the gentler sex, in consequence of these publications! Many a mother clasps her infant to her bosom when she retires to rest, under dreadful apprehensions that she may be aroused from her slumbers by the savage yells of the slaves by whom she is surrounded. These are the works of the abolitionists. That their motives may be honest I do not doubt, but their zeal is without knowledge. The history of the human race presents numerous examples of ignorant enthusiasts, the purity of whose intentions cannot be doubted, who have spread devastation and bloodshed over the face of the earth.
These fanatics, instead of benefiting the slaves who are the objects of their regard, have inflicted serious injury upon them. Self-preservation is the first law of nature. The masters, for the sake of their wives and children, for the sake of all that is near and dear to them on earth, must tighten the reins of authority over their slaves. They must thus counteract the efforts of the abolitionists. The slaves are denied many indulgences which their masters would otherwise cheerfully grant. They must be kept in such a state of bondage as effectually to prevent their rising. These are the injurious effects produced by the abolitionists upon the slave himself. Whilst, on the one hand, they render his condition miserable, by presenting to his mind vague notions of freedom never to be realized, on the other, they make it doubly miserable, by compelling the master to be severe, in order to prevent any attempts at insurrection. They thus render it impossible for the master to treat his slave according to the dictates of his heart and his feelings.
Besides, do not the abolitionists perceive that the spirit which is thus roused must protract to an indefinite period the emancipation of the slave? The necessary effect of their efforts is to render desperate those to whom the power of emancipation really belongs. I believe most conscientiously, in whatever light this subject can be viewed, that the best interests of the slave require that the question should be left, where the Constitution has left it, to the slaveholding States themselves, without foreign interference.
This being a true statement of the case, as applied to the States where slavery exists, what is now asked by these memorialists? That in this District of ten miles square—a District carved out of two slaveholding States, and surrounded by them on all sides—slavery shall be abolished. What would be the effects of granting their request? You would thus erect a citadel in the very heart of these States, upon a territory which they have ceded to you for a far different purpose, from which abolitionists and incendiaries could securely attack the peace and safety of their citizens. You establish a spot within the slaveholding States which would be a city of refuge for run-away slaves. You create by law a central point from which trains of gunpowder may be securely laid, extending into the surrounding States, which may, at any moment, produce a fearful and destructive explosion. By passing such a law, you introduce the enemy into the very bosom of these two States, and afford him every opportunity to produce a servile insurrection. Is there any reasonable man who can for one moment suppose that Virginia and Maryland would have ceded the District of Columbia to the United States, if they had entertained the slightest idea that Congress would ever use it for any such purpose? They ceded it for your use, for your convenience, and not for their own destruction. When slavery ceases to exist, under the laws of Virginia and Maryland, then, and not till then, ought it to be abolished in the District of Columbia.
(Mr. B. said that, notwithstanding these were his opinions, he could not vote for the motion of the Senator from South Carolina (Mr. Calhoun) not to receive these memorials. He would not at present proceed to state his reasons, still hoping the Senate could yet agree upon some course which would prove satisfactory to all. With this view, he moved that the whole subject be postponed until Monday next.)
When the following Monday came (January 11th, 1836), Mr. Buchanan said:
He was now about to present the memorial of the Caln Quarterly Meeting of the Religious Society of Friends in Pennsylvania, requesting Congress to abolish slavery and the slave trade in the District of Columbia. On this subject he had expressed his opinions to the Senate on Thursday last, and he had no disposition to repeat them at present. He would say, however, that on a review of these opinions, he was perfectly satisfied with them. All he should now say was, that the memorial which he was about to present was perfectly respectful in its language. Indeed, it could not possibly be otherwise, considering the respectable source from which it emanated.
It would become his duty to make some motion in regard to this memorial. On Thursday last, he had suggested that in his judgment the best course to pursue was to refer these memorials to a selected committee, or to the committee for the District of Columbia. He still thought so; but he now found that insurmountable obstacles presented themselves to such a reference.
In presenting this memorial and in exerting himself so far as in him lay, to secure for it that respectful reception by the Senate which it deserved, he should do his duty to the memorialists. After it should receive this reception, he should have a duty to perform to himself and to his country. He was clearly of opinion, for the reasons he had stated on Thursday last, that Congress ought not at this time to abolish slavery in the District of Columbia, and that it was our duty promptly to place this exciting question at rest. He should, therefore, move that the memorial be read, and that the prayer of the memorialists be rejected.
At a subsequent day (January 19th), the pending question was, on the reception of the Memorial of the Pennsylvania Quakers, or Friends; and on this question Mr. Buchanan said:
It was not now his intention to repeat anything he had said on a former occasion in regard to the abolition of slavery in this District. The remarks which he had then made, after much reflection, still met his entire approbation. He would not now have alluded to them were it not for the misapprehension which still appeared to prevail upon this floor in regard to the state of Northern feeling on this subject.
Those remarks had, he believed, been more extensively circulated throughout Pennsylvania than any which he had ever made upon any occasion. If they had been censured anywhere in that State, by any party, the fact was unknown to him. On the contrary, he had strong reasons to believe they had been received with general approbation.
He was not in the habit of using private letters to sustain any position which he might take upon this floor or elsewhere. He would say, however, that since he had presented the memorial now the subject of consideration before the Senate, he had received another memorial of a similar character from the city of Philadelphia. This memorial had been transmitted to him by two gentlemen whose name and character would be the strongest guaranty for the truth of their assertions, did he feel himself at liberty to make them known to the Senate. He would not even have alluded to their letter, but that it related to a public subject in which the country was deeply interested, and accompanied the memorial which they had requested him to present to the Senate. The following is an extract from this letter:
“Although we have not the pleasure of thy acquaintance, permit us on this occasion to express our satisfaction with thy remarks in the Senate some weeks since, in which the opinion was forcibly sustained that no sensible man at the North would advocate the right of Congress to interfere with the subject of slavery in the slave States themselves. We are fully persuaded this is the fact in our neighborhood.
“In a pretty extensive acquaintance with the friends of abolition in this city, we unhesitatingly declare that we have never heard such an opinion advocated, and we defy our opponents to point out a man that has ever circulated any publication calculated to produce discord in the Southern States.
“But whilst we fully recognize this view, we are aware that the Constitution guaranties to us the right of memorializing Congress on any subject connected with the welfare of the District of Columbia, and we intend ever to exercise it in the spirit of charity and good-feeling.”
Mr. B. believed this statement to be true. Although all the people of Pennsylvania were opposed to slavery in the abstract, yet they would not sanction any attempts to excite the slaves of the Southern States to insurrection and bloodshed. Whilst they knew their own rights, and would maintain them, they never would invade the rights of others which had been secured by the Federal Constitution. He was proud to say this had always been the character and the conduct of the State which he had in part the honor to represent in her relations with her sister States.
He felt himself justified in declaring that Pennsylvania was perfectly sound upon this question. Abolitionists there may be in Pennsylvania, but it had never been his fate to meet a single one. If we have a man amongst us who desires, by the circulation of incendiary publications and pictures throughout the slaveholding States, to produce a servile insurrection, and thus to abolish slavery, he knew him not. In the language of the letter he had just read, whatever might be the case further north, he might defy any gentleman to point out a man in Pennsylvania who has ever circulated any publication calculated to produce discord in the Southern States.
He had heard within the last few days that emissaries were now traveling throughout Pennsylvania for the purpose of propagating the doctrine of immediate abolition. He thought he might venture to predict that they would fail in their attempts.
Although he did not mean at present to discuss the general question, yet the Senator from South Carolina (Mr. Preston) must permit him to say that, in his remarks of yesterday, he had done much to dignify the cause of abolition, and to give its supporters a character which they did not deserve.
Mr. B. was not so well able to judge what effect those remarks might produce on the South; but he protested against the accuracy of the statements which that gentleman had made in regard to the condition of Northern feeling on this subject. His information had been incorrect. If the gloomy coloring of the picture which he had presented could be considered any thing but a fancy sketch, the South might believe that the time had arrived when it would be their duty to decide whether it was not necessary to dissolve this Union, for the protection of their rights. Mr. B. thought far otherwise. This crisis had not arrived, and, he trusted, never would arrive. The force of public opinion will prostrate this fanatical and dangerous spirit. He must say, however, that the enemies of the cause of abolition at the North had a right to expect that gentlemen from the South would not adopt a course which might tend to increase our difficulties. They ought to permit us to judge for ourselves in this matter, and to throw no obstacles in our way which the nature of the subject does not necessarily present.
Let it be once understood that the sacred right of petition and the cause of the abolitionists must rise or must fall together, and the consequences may be fatal. I would, therefore, warn Southern gentlemen to reflect seriously in what situation they place their friends in the North, by insisting that this petition shall not be received.
We have just as little right to interfere with slavery in the South, as we have to touch the right of petition. Whence is this right derived? Can a republican government exist without it? Man might as well attempt to exist without breathing the vital air. No government possessing any of the elements of liberty has ever existed, or can ever exist, unless its citizens or subjects enjoy this right. From the very structure of your Government, from the very establishment of a Senate and House of Representatives, the right of petition naturally and necessarily resulted. A representative republic, established by the people, without the people having the right to make their wants and their wishes known to their servants, would be the most palpablepalpable absurdity. This right, even if it were not expressly sanctioned by the Constitution, would result from its very nature. It could not be controlled by any action of Congress, or either branch of it. If the Constitution had been silent upon the subject, the only consequence would be, that it would stand in the very front rank of those rights of the people which are expressly guarantied to them by the ninth article of the amendments to that instrument, inserted from abundant but necessary caution. I shall read this article. It declares that “the enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” It would, without any express provision, have stood in the same rank with the liberty of speech and of the press, and have been entirely beyond the control of the Government. It is a right which could not have been infringed without extinguishing the vital spirit of our institutions. If any had been so bold as to attempt to violate it, it would have been a conclusive argument to say to them that the Constitution has given you no power over the right of petition, and you dare not touch it.
The Senator from South Carolina (Mr. Calhoun) has justly denominated the amendments to the Constitution as our Bill of Rights. The jealousy which the States entertained of federal power brought these amendments into existence. They supposed that, in future times, Congress might desire to extend the powers of this Government, and usurp the rights which were not granted them by the people of the States. From a provident caution, they have, in express terms, denied to Congress every sort of control over religion; over the freedom of speech and of the press; and over the right of petition. The first article of the amendments declares that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Now, sir, what is the first position taken by the Senator from South Carolina against receiving this memorial? I desire to quote him with perfect accuracy. He says that the Constitution prohibits Congress from passing any law to abridge the right of petition; that, to refuse to receive this petition, would not be to pass any such law, and that therefore, the Constitution would not be violated by such a refusal.
Does not the Senator perceive that, if this doctrine can be maintained, the right of petition is gone forever? It is a mere empty name. The Senate would possess the power of controlling it at their will and pleasure. No matter what may be the prayer of any petition; no matter how just may be the grievances of the people demanding redress, we may refuse to hear their complaints, and inform them that this is one of our prerogatives; because, to refuse to receive their petition is not the passage of a law abridging their right to petition. How can the gentleman escape from this consequence? Is the Senate to be the arbiter? Are we to decide what the people may petition for, and what they shall not bring before us? Is the servant to dictate to the master? Such a construction can never be the true one.
The most striking feature of this argument is, that the very article of the Constitution which was intended to guard the right of petition with the most jealous care is thus perverted from its original intention, and made the instrument of destroying this very right. What we cannot do by law, what is beyond the power of both Houses of Congress and the President, according to the gentleman’s argument, the Senate can of itself accomplish. The Senate alone, if his argument be correct, may abridge the right of petition, acting in its separate capacity, though it could not, as one branch of the Legislature, consent to any law which would confer upon itself this power.
What is the true history and character of this article of the Constitution? In the thirteenth year of the reign of that “royal scoundrel” Charles the Second, as the Senator from Virginia (Mr. Leigh) has justly denominated him, an act of Parliament was passed, abridging the right of petition. It declared that “no petition to the king or either House of Parliament, for any alteration in Church or State, shall be signed by above twenty persons, unless the matter thereof be approved by three justices of the peace, or the major part of the grand jury in the county; and in London by the lord mayor, aldermen, and common council; nor shall any petition be presented by more than ten persons at a time.” Each Senator will readily perceive that the right of petition was thus laid almost entirely prostrate at the feet of the sovereign. The justices of the peace, and the sheriffs who selected the grand juries, were his creatures, appointed and removed at his pleasure. Out of the city of London, without their consent, no petition for an alteration in Church or State could be signed by more than twenty individuals. At the revolution of 1688, the Bill of Rights guarantied to English subjects the right of petitioning the king, but the courts of justice decided that it did not repeal the statute of the second Charles. This statute still remained in force at the adoption of the federal Constitution. Such was the state of the law in that country, from which we have derived most of our institutions, when this amendment to the Constitution was adopted.
Although the Constitution, as it came from the hands of its framers, gave to Congress no power to touch the right of petition, yet some of the States to whom it was submitted for ratification, apprehending the time might arrive when Congress would be disposed to act like the British Parliament, expressly withdrew the subject from our control. Not satisfied with the fact that no power over it had been granted by the Constitution, they determined to prohibit us in express terms from ever exercising such a power. This is the true history of the first article of our Bill of Rights.
Let me put another case to the Senator from South Carolina. Some years since, as a manager on the part of the House of Representatives, I had the honor to appear before this body, then sitting as a high court of impeachment. In that case, the accused, when sitting as a district judge of the United States, had brought an attorney of his court before him by an attachment for contempt, and without any trial by jury had convicted him of a libel, and sentenced him to imprisonment. The judge was acquitted; and at the moment I thought this decision had placed the freedom of the press in danger. If the sedition law were clearly unconstitutional, and nobody now doubts it; if Congress could not confer upon the courts of the United States, by express enactment, any question over the power of libel, I thought it monstrous that a judge, without the intervention of a jury, under highly excited feelings, should be permitted to try and to punish libels committed against himself according to his will and pleasure. My apprehensions were of but short duration. A few days after the acquittal of this judge, the Senate, without one dissenting voice, passed a bill, not to create a new law, but declaratory of what the old law, or rather what the Constitution was, under which no federal judge will ever again dare to punish a libel as a contempt. The constitutional provision in favor of the liberty of the press was thus redeemed from judicial construction.
Now, sir, we must all admit that libels of the grossest character are daily published against the Senate and its individual members. Suppose an attempt should be made to bring one of these libelers before us, and to punish him for a contempt, would the gentleman from South Carolina contend that we might do so without violating the Constitution, and that we might convict him and sentence him to imprisonment, because such a conviction and sentence would not be the passage of a law abridging the freedom of the press? The gentleman’s excited feelings upon the subject of abolition have led his judgment astray. No construction can be correct which would lead to such palpable absurdities.
The very language of this amendment itself contains the strongest recognition of the right of petition. In the clearest terms, it presupposes its existence. How can you abridge a right which has no previous existence? On this question I deem the argument of my friend from Georgia (Mr. King) conclusive. The amendment assumes that the people have the right to petition for the redress of grievances, and places it beyond the power of Congress to touch this sacred right. The truth is, that the authors of the amendment believed this to be a Government of such tremendous power that it was necessary, in express terms, to withdraw from its grasp their most essential rights. The right of every citizen to worship his God according to the dictates of his own conscience; his right freely to speak, and freely to print and publish his thoughts to the world; and his right to petition the Government for a redress of grievances, are placed entirely beyond the control of the Congress of the United States, or either of its branches. There may they ever remain! These fundamental principles of liberty are companions. They rest upon the same foundation. They must stand or must fall together. They will be maintained so long as American liberty shall endure.
The next argument advanced by the gentleman is, that we are not bound to receive this petition, because to grant its prayer would be unconstitutional? In this argument I shall not touch the question, whether Congress possess the power to abolish slavery in the District of Columbia or not. Suppose they do not, can the gentleman maintain the position, that we are authorized by the Constitution to refuse to receive a petition from the people, because we may deem the object of it unconstitutional? Whence is any such restriction of the right of petition derived? Who gave it to us? Is it to be found in the Constitution? The people are not constitutional lawyers; but they feel oppression, and know when they are aggrieved. They present their complaints to us in the form of a petition. I ask, by what authority can we refuse to receive it? They have a right to spread their wishes and their wants before us, and to ask for redress. We are bound respectfully to consider their request; and the best answer which we can give them is, that they have not conferred upon us the power, under the Constitution of the United States, to grant them the relief which they desire. On any other principle we may first decide that we have no power over a particular subject, and then refuse to hear the petitions of the people in relation to it. We would thus place the constitutional right of our constituents to petition at the mercy of our own discretion.
Again, sir, we possess the power of originating amendments to the Constitution. Although, therefore, we may not be able to grant the petitioners relief, such a petition may induce us to exercise this power, and to ask for a new grant of authority from the States.
The gentleman’s third proposition was, that we are not bound to receive this petition, because it is no grievance to the citizens of any of the States, that slavery exists in this District. But who are to be the judges, in the first instance, whether the people are aggrieved or not? Is it those who suffer, or fancy they suffer, or the Senate? If we are to decide when they ought to feel aggrieved, and when they ought to be satisfied, if the tribunal to whom their petitions are addressed may refuse to receive them, because, in their opinion, there was no just cause of complaint, the right of petition is destroyed. It would be but a poor answer to their petitions to tell them they ought not to have felt aggrieved, that they are mistaken, and that, therefore, their complaints would not be received by their servants.
I may be asked, is there no case in which I would be willing to refuse to receive a petition? I answer that it must be a very strong one indeed to justify such a refusal. There is one exception, however, which results from the very nature of the right itself. Neither the body addressed nor any of its members must be insulted, under the pretext of exercising this right. It must not be perverted from its purpose, and be made the instrument of degrading the body to which the petition is addressed. Such a petition would be in fraud of the right itself, and the necessary power of self-protection and self-preservation inherent in every legislative body confers upon it the authority of defending itself against direct insults presented in this or any other form. Beyond this exception I would not go; and it is solely for the purpose of self-protection, in my opinion, that the rules of the Senate enable any of its members to raise the question, whether a petition shall be received or not. If the rule has any other object in view, it is a violation of the Constitution.
I would confine this exception within the narrowest limits. The acts of the body addressed may be freely canvassed by the people, and they may be shown to be unjust or unconstitutional. These may be the very reasons why the petition is presented. “To speak his mind is every freeman’s right.” They may and they ought to express themselves with that manly independence which belongs to American citizens. To exclude their petition, it must appear palpable that an insult to the body was intended, and not a redress of grievances.
Extreme cases have been put by the Senator from South Carolina. Ridiculous or extravagant petitions may be presented; though I should think that scarcely a sane man could be found in this country who would ask Congress to abolish slavery in the State of Georgia. In such a case I would receive the petition, and consign it at once to that merited contempt which it would deserve. The Constitution secures the right of being heard by petition to every citizen; and I would not abridge it because he happened to be a fool.
The proposition is almost too plain for argument, that if the people have a constitutional right to petition, a corresponding duty is imposed upon us to receive their petitions. From the very nature of things, rights and duties are reciprocal. The human mind cannot conceive of the one without the other. They are relative terms. If the people have a right to command, it is the duty of their servants to obey. If I have a right to a sum of money, it is the duty of my debtor to pay it to me. If the people have a right to petition their representatives, it is our duty to receive their petition.
This question was solemnly determined by the Senate more than thirty years ago. Neither before nor since that time, so far as I can learn, has the general right of petition ever been called in question, until the motion now under consideration was made by the Senator from South Carolina. Of course I do not speak of cases embraced within the exception which I have just stated. No Senator has ever contended that this is one of them. To prove my position, I shall read an extract from our journals. On Monday, the 21st January, 1805, “Mr. Logan presented a petition signed Thomas Morris, Clerk, in behalf of the meeting of the representatives of the people called Quakers, in Pennsylvania, New Jersey, etc., stating that the petitioners, from a sense of religious duty, had again come forward to plead the cause of their oppressed and degraded fellow-men of the African race; and, on the question, “Shall this petition be received?” it passed in the affirmative; yeas, 19; nays, 9.
“The yeas and nays being required by one-fifth of the Senators present, those who voted in the affirmative are—Messrs. Adams, Mass., Bayard, Del., Brown, Ky., Condict, N. J., Franklin, N. C., Hillhouse, Conn., Howland, R. I., Logan, Penn., Maclay, Penn., Mitchell, N. Y., Alcott, N. H., Pickering, Mass., Plumer, N. H., Smith, Ohio, Smith, Vt., Stone, N. C., Sumpter, S. C., White, Del., Worthington, Ohio.
“And those who voted in the negative are—Anderson, Tenn., Baldwin, Ga., Bradley, Vt., Cocke, Tenn., Jackson, Ga., Moore, Va., Smith, Md., Smith, N. Y., and Wright, Md.
“So the petition was read.”
The Senate will perceive that I have added to the names of the members of the Senate that of the States which they each represented. The Senator from South Carolina will see that, among those who, upon this occasion, sustained the right of petition, there is found the name of General Sumpter, his distinguished predecessor. I wish him also to observe that but seven Senators from slaveholding States voted against receiving the petition; although it was of a character well calculated to excite their hostile and jealous feelings.
The present, sir, is a real controversy between liberty and power. In my humble judgment, it is far the most important question which has been before the Senate since I have had the honor of occupying a seat in this body. It is a contest between those, however unintentionally, who desire to abridge the right of the people, in asking their servants for a redress of grievances, and those who desire to leave it, as the Constitution left it, free as the air. Petitions ought ever to find their way into the Senate without impediment; and I trust that the decision upon this question will result in the establishment of one of the dearest rights which a free people can enjoy.
Now, sir, why should the Senator from South Carolina urge the motion which he has made? I wish I could persuade him to withdraw it. We of the North honestly believe, and I feel confident he will not doubt our sincerity, that we cannot vote for his motion without violating our duty to God and to the country—without disregarding the oath which we have sworn, to support the Constitution. This is not the condition of those who advocate his motion. It is not pretended that the Constitution imposes any obligation upon them to vote for this motion. With them it is a question of mere expediency; with us, one of constitutional duty. I ask gentlemen of the South, for their own sake, as well as for that of their friends in the North, to vote against this motion. It will place us all in a false position, where neither their sentiments nor ours will be properly understood.
The people of the North are justly jealous of their rights and liberties. Among these, they hold the right of petition to be one of the most sacred character. I would say to the gentlemen of the South, why then will you array yourselves, without any necessity, against this right? You believe that we are much divided on the question of abolition; why, then, will you introduce another element of discord amongst us, which may do your cause much harm, and which cannot possibly do it any good? When you possess an impregnable fortress, if you will defend it, why take shelter in an outwork, where defeat is certain? Why select the very weakest position, one on which you will yourselves present a divided front to the enemy, when it is in your power to choose one on which you and we can all unite? You will thus afford an opportunity to the abolitionists at the North to form a false issue with your friends. You place us in such a condition that we cannot defend you, without infringing the sacred right of petition. Do you not perceive that the question of abolition may thus be indissolubly connected, in public estimation, with a cause which we can never abandon. If the abolitionists themselves had been consulted, I will venture to assert, they ought to have advised the very course which has been adopted by their greatest enemies.
The vote upon this unfortunate motion may do almost equal harm in the South. It may produce an impression there, that we who will vote against the motion are not friendly to the protection of their constitutional rights. It may arouse jealousy and suspicion, where none ought to exist; and may thus magnify a danger which has already been greatly exaggerated. In defending any great cause, it is always disastrous to take a position which cannot be maintained. Your forces thus become scattered and inefficient, and the enemy may obtain possession of the citadel whilst you are vainly attempting to defend an outpost. I am sorry, indeed, that this motion has been made.
I shall now proceed to defend my own motion from the attacks which have been made upon it. It has been equally opposed by both extremes. I have not found, upon the present occasion, the maxim to be true, that “in medio tutissimus ibis.” The Senator from Louisiana (Mr. Porter), and the Senator from Massachusetts (Mr. Webster), seem both to believe that little, if any, difference exists between the refusal to receive a petition, and the rejection of its prayer after it has been received. Indeed, the gentleman from Louisiana, whom I am happy to call my friend, says he can see no difference at all between these motions. At the moment I heard this remark, I was inclined to believe that it proceeded from that confusion of ideas which sometimes exists in the clearest heads of the country from which he derives his origin, and from which I am myself proud to be descended. What, sir, no difference between refusing to receive a request at all, and actually receiving it and considering it respectfully, and afterwards deciding, without delay, that it is not in your power to grant it! There is no man in the country, acquainted with the meaning of the plainest words in the English language, who will not recognize the distinction in a moment.
If a constituent of that gentleman should present to him a written request, and he should tell him to go about his business, and take his paper with him, that he would not have any thing to do with him or it: this would be to refuse to receive the petition.
On the other hand, if the gentleman should receive this written request of his constituent, read it over carefully and respectfully, and file it away among his papers, but, finding it was of an unreasonable or dangerous character, he should inform him, without taking further time to reflect upon it, that the case was a plain one, and that he could not, consistently with what he believed to be his duty, grant the request: this would be to reject the prayer of the petition.
There is as much difference between the two cases, as there would be between kicking a man down stairs who attempted to enter your house, and receiving him politely, examining his request, and then refusing to comply with it.
It has been suggested that the most proper course would be to refer this petition to a committee. What possible good can result from referring it? Is there a Senator on this floor who has not long since determined whether he will vote to abolish slavery in this District or not? Does any gentleman require the report of a committee, in order to enable him to decide this question? Not one.
By granting the prayer of this memorial, as I observed on a former occasion, you would establish a magazine of gunpowder here, from which trains might be laid into the surrounding States, which would produce fearful explosions. In the very heart of the slave-holding States themselves you would erect an impregnable citadel from whence the abolitionists might securely spread throughout these States, by circulating their incendiary pamphlets and pictures, the seeds of disunion, insurrection, and servile war. You would thus take advantage of Virginia and Maryland in ceding to you this District, without expressly forbidding Congress to abolish slavery here whilst it exists within their limits. No man can, for one moment, suppose that they would have made this cession upon any other terms, had they imagined that a necessity could ever exist for such a restriction. Whatever may be my opinion of the power of Congress, under the Constitution, to interfere with this question, about which at present I say nothing, I shall as steadily and as sternly oppose its exercise as if I believed no such power to exist.
In making the motion now before the Senate, I intended to adopt as strong a measure as I could, consistently with the right of petition and a proper respect for the petitioners. I am the last man in the world who would, intentionally, treat these respectable constituents of my own with disrespect. I know them well, and prize them highly. On a former occasion I did ample justice to their character. I deny that they are abolitionists. I cannot, however, conceive how any person could have supposed that it was disrespectful to them to refuse to grant their prayer in the first instance, and not disrespectful to refuse to grant it after their memorial had been referred to a committee. In the first case their memorial will be received by the Senate, and will be filed among the records of the country. That it has already been the subject of sufficient deliberation and debate; that it has already occupied a due portion of the time of the Senate, cannot be doubted or denied. Every one acquainted with the proceedings of courts of justice must know that often, very often, when petitions are presented to them, the request is refused without any delay. This is always done in a plain case by a competent judge. And yet who ever heard that this was treating the petitioner with disrespect? In order to be respectful to these memorialists, must we go through the unmeaning form, in this case, of referring the memorial to a committee, and pretending to deliberate when we are now all fully prepared to decide?
I repeat, too, that I intended to make as strong a motion in this case as the circumstances would justify. It is necessary that we should use every constitutional effort to suppress the agitation which now disturbs the land. This is necessary, as much for the happiness and future prospects of the slave as for the security of the master. Before this storm began to rage, the laws in regard to slaves had been greatly ameliorated by the slave-holding States; they enjoyed many privileges which were unknown in former times. In some of the slave States prospective and gradual emancipation was publicly and seriously discussed. But now, thanks to the abolitionists, the slaves have been deprived of these privileges, and whilst the integrity of the Union is endangered, their prospect of final emancipation is delayed to an indefinite period. To leave this question where the Constitution has left it, to the slave-holding States themselves, is equally dictated by a humane regard for the slave as well as for their masters.
There are other objections to the reference of this memorial to a committee, which must, I think, be conclusive. I ask the Senate, after witnessing the debate upon the present question, to what conclusion could this committee arrive? If they attempted to assert any principle beyond the naked proposition before us, that the prayer of the memorialists ought not to be granted, we would be cast into a labyrinth of difficulties. It would be confusion worse confounded. If we wish to obtain a strong vote, and thus at the same time tranquilize the South and the North upon this exciting topic, the reference of it to a committee would be the most unfortunate course which we could adopt. Senators are divided into four classes on this question. The first believe that to abolish slavery in this District would be a violation of the Constitution of the United States. Should the committee recommend any proposition of a less decided character, these Senators would feel it to be their duty to attempt to amend it, by asserting this principle; and thus we should excite another dangerous and unprofitable debate. The second class, although they may not believe that the subject is constitutionally beyond the control of Congress, yet they think that the acts of cession from Maryland and Virginia to the United States forbid us to act upon the subject. These gentlemen would insist upon the affirmance of this proposition. The third class would not go as far as either of the former. They do not believe that the subject is placed beyond the power of Congress, either by the Constitution or by the compacts of cession, yet they are as firmly opposed to granting the prayer of the petition, whilst slavery continues to exist in Maryland and Virginia, as if they held both these opinions. They know that these States never would have ceded this territory of ten miles square to the United States upon any other condition, if it had entered into their conception that Congress would make an attempt, sooner or later, to convert it into a free district. Besides, they are convinced that to exercise this power, at an earlier period, would seriously endanger not only the peace and harmony of the Union, but its very existence. This class of Senators, whilst they entertain these opinions, which ought to be entirely satisfactory to the South, could never consent to vote for a resolution declaring that to act upon the subject would be a violation of the Constitution or of the compacts. The fourth class, and probably not the least numerous, are opposed to the agitation of the question, under existing circumstances, and will vote against the abolition of slavery in this District at the present moment, but would be unwilling to give any vote which might pledge them for the future. Here are the elements of discord. Although we can all, or nearly all, agree in the general result, yet we should differ essentially in the means of arriving at it. The politic and the wise course, then, is, to adopt my motion that the prayer of the memorialists ought to be rejected. Each gentleman will arrive at this conclusion in his own way. Although we may thus travel different roads, we will all reach the same point. Should the committee go one step further than report this very proposition, we should at once be separated into four divisions; and the result must be that the whole subject would finally be laid upon the table, and thus the abolitionists would obtain a victory over the friends of the Union both to the North and to the South.
Before I made the motion now before the Senate, I deliberately and anxiously considered all these embarrassing difficulties. At the first, I was under the impression that the reference of this subject to a committee would be the wisest course. In view of all the difficulties, however, I changed my opinion: and I am now willing, most cheerfully, to assume all the responsibility which may rest upon me for having made this motion.
I might have moved to lay the memorial upon the table; but I did not believe that this would be doing that justice to the South which she has a right to demand at our hands. She is entitled to the strongest vote, upon the strongest proposition, which gentlemen can give, without violating their principles.
I have but a few more words to say. As events have deprived me of the occupation assigned to me by the Senator from North Carolina (Mr. Mangum), I feel myself at liberty to invade the province allotted by the same gentleman to the Senator from New York (Mr. Wright), and to defend a distinguished member of the Albany Regency. In this I am a mere volunteer. I choose thus to act because Governor Marcy has expressed my opinions better than I could do myself.
And here, permit me to say that, in my judgment, Southern gentlemen who are not satisfied with his last message, so far as it relates to the abolitionists, are very unreasonable. With the general tone and spirit of that message no one has found any fault; no one can justly find any fault. In point of fact, it is not even liable to the solitary objection which has been urged against it, that he did not recommend to the legislature the passage of a law for the purpose of punishing those abolitionists who, in that State, should attempt to excite insurrection and sedition in the slaveholding States, by the circulation of inflammatory publications and pictures. It is true that he does not advise the immediate passage of such a law, but this was because he thought public opinion would be sufficient to put them down. He, however, looks to it as eventually proper, in case, contrary to his opinion, such a measure should become necessary to arrest the evil. He expressly asserts, and clearly proves, that the legislature possesses the power to pass such a law. This is the scope and spirit of his message.
Ought he to have recommended the immediate passage of such a law? I think not. The history of mankind, in all ages, demonstrates that the surest mode of giving importance to any sect, whether in politics or religion, is to subject its members to persecution. It has become a proverb, that “the blood of the martyrs is the seed of the church.” By persecution, religious sects, maintaining doctrines the most absurd and the most extravagant—doctrines directly at war with the pure faith and principles announced to the world by the Divine Author of our religion, have been magnified into importance. I do not believe there is any State in this Union (unless the information which we have received from the Senators from Vermont might make that State an exception), where penal laws of the character proposed would not advance, instead of destroying the cause of the abolitionists. I feel confident such would be the event in Pennsylvania. Severe legislation, unless there is a manifest necessity for it, is always prejudicial. This question may be safely left to public opinion, which, in our age, and in our country, like a mighty torrent, sweeps away error. The people, although they may sometimes be misled in the beginning, always judge correctly in the end. Let severe penal laws on this subject be enacted in any State—let a few honest but misguided enthusiasts be prosecuted under them—let them be tried and punished in the face of the country, and you will thus excite the sympathies of the people, and create a hundred abolitionists where one only now exists. Southern gentlemen have no right to doubt our sincerity on this subject, and they ought to permit us to judge for ourselves as to the best mode of allaying the excitement which they believe exists among ourselves.
If the spirit of abolition had become so extensive and so formidable as some gentlemen suppose, we might justly be alarmed for the existence of this Union. Comparatively speaking, I believe it to be weak and powerless, though it is noisy. Without excitement got up here or elsewhere, which may continue its existence for some time longer, it will pass away in a short period, like the other excitements which have disturbed the public mind, and are now almost forgotten.
On the 9th of March (1836) the following proceedings took place:
The Senate proceeded to consider the petition of the Society of Friends in Philadelphia, on the subject of the abolition of slavery in the District of Columbia.
The question being on the motion “that the petition be not received”—Mr. Calhoun addressed the Senate in reply to what had fallen from other Senators on the subject.
Mr. Clay made a few remarks in explanation, called for by some part of the remarks of the Senator from South Carolina.
The question was then taken on the motion of Mr. Calhoun, “Shall the petition be received?” and decided as follows:
Yeas,—Messrs. Benton, Brown, Buchanan, Clay, Clayton, Crittenden, Davis, Ewing of Ill., Ewing of Ohio, Goldsborough, Grundy, Hendricks, Hill, Hubbard, Kent, King of Ala., King of Ga., Knight, Linn, McKean, Morris, Naudain, Niles, Prentiss, Robbins, Robinson, Ruggles, Shepley, Southard, Swift, Tallmadge, Tipton, Tomlinson, Wall, Webster, Wright.—36.
Nays.—Messrs. Black, Calhoun, Cuthbert, Leigh, Moore, Nicholas, Preston, Porter, Walker, White.—10.
The question being next on the motion of Mr. Buchanan, to reject the prayer of the petition,
Mr. Clay made some remarks on the motion, and concluded by moving to amend it by adding to it:—
For the Senate, without now affirming or denying the constitutional power of Congress to grant the prayer of the petition, believes, even supposing the power uncontested, which it is not, that the exercise of it would be inexpedient;
1st. Because the people of the District of Columbia have not themselves petitioned for the abolition of slavery within the District.
2d. Because the States of Virginia and Maryland would be injuriously affected by such a measure, whilst the institution of slavery continues to subsist within their respective jurisdictions, and neither of these States would probably have ceded to the United States the territory now forming the District if it had anticipated the adoption of any such measure without clearly and expressly guarding against it. And,
3d. Because the injury which would be inflicted by exciting alarm and apprehension in the States tolerating slavery, and by disturbing the harmony between them and the other members of the Confederacy, would far exceed any practical benefit which could possibly flow from the abolition of slavery within the District.
Mr. Porter wished more time to reflect, and moved to lay the motion on the table, but withdrew it at the instance of Mr. Buchanan.
Mr. Buchanan said that some remarks, both of the Senator from South Carolina (Mr. Calhoun), and of the Senator from Kentucky (Mr. Clay), compelled him to make a few observations in his own defence.
Sir, said Mr. B., I rejoice at the result of the vote which has this day been recorded. It will forever secure to the citizens of this country, the sacred right of petition. The question has now been finally settled by a decisive vote of the Senate. The memorial which I presented from a portion of the highly respectable Society of Friends, has been received by a triumphant majority. Another happy consequence of this vote is, that abolition is forever separated from the right of petition. The abolitionists will now never be able to connect their cause with the violation of a right so justly dear to the people. They must now stand alone. This is the very position in which every friend of the Union, both to the North and the South, ought to desire to see them placed.
From the remarks which have just been made by the Senators from South Carolina and Kentucky, it might almost be supposed that my motion to reject the prayer of the memorialists, was trifling with the right of petition, which, in the course of debate, I have defended with all my power. Is there the slightest foundation for such an imputation?
The memorial has been received by the Senate, and has been read. If this body are in doubt whether they will grant its prayer—if they wish further information upon this subject than what they already possess, then they ought to refer it. On the other hand, if every Senator has already determined how he will vote upon the question, why send the memorial to a committee? It presents but one simple question for our decision. It asks us to abolish slavery in the District of Columbia. My motion proposes that this prayer shall be rejected. Now, is it not self-evident to every Senator upon this floor, that any committee which can be formed out of this body, will arrive at the same conclusion? Why, then, refer this memorial to obtain a report, when we already know what that report will be? Why keep the question open for further agitation and debate? Should it be referred to a committee, upon their report, we shall have the same ground to travel over again which we have been treading for so long a time. I have yet to learn that when a petition is presented to any tribunal, in a case so clear as not to require deliberation, that it is either disrespectful to the petitioners, or that it infringes the right of petition, to decide against its prayer without delay.
But in this case, powerful reasons exist why the memorial ought not to be referred. Although we all agree that slavery ought not to be abolished in the District of Columbia, yet we arrive at this conclusion by different courses of reasoning. Before I presented this memorial, I endeavored to ascertain from Senators whether it would be possible to obtain a strong vote in favor of any proposition more specific in its terms than that now before the Senate. I found this would be impossible. I then made the motion to reject the prayer of the memorial, after much deliberation.
I found the Senate divided upon this subject into four sections. One portion was opposed to the prayer of the memorial, because, in their opinion, it would be unconstitutional to grant it; another, because it would violate our compacts of cession with Virginia and Maryland; a third, because it would be inexpedient and unjust to abolish slavery in this District, whilst it exists in the surrounding States; and a fourth, who were unwilling to go even to this extent, but who equally condemned its abolition at the present moment. Here were the elements of discord. Whilst all, or nearly all, are harmonious in their conclusion that the prayer of the petition ought not to be granted, their premises are far different. My object was to get the strongest vote, for the purpose of calming the agitation, both to the South and to the North. In order to accomplish this purpose, my motion must be one on which the largest majority could agree, and on which each member might vote for his own peculiar reasons. I ask what motion could I have made, so well calculated to attain the end, as the one now before the Senate?
The amendment which has just been proposed by the Senator from Kentucky will, I fear, prove to be the apple of discord in this body. It is too strong a measure for one portion of the Senate, whilst it is too weak for another. Those who believe that we have no power under the Constitution to abolish slavery in this District, will not vote for the amendment, because it does recognize this principle; whilst such gentlemen as deem it inexpedient at the present time to act upon the subject, but who do not wish to commit themselves for the future, will be equally opposed to the reasons which this amendment assigns. For my own part, individually, I should not object to the amendment. I could most cheerfully vote for all the principles which it contains. If I believed it would unite in its favor as large a majority of the Senate as the motion which I have made, unaccompanied by these reasons, it should have my support. But this, I am convinced, will not be the case; and my purpose is to obtain the largest vote possible, because this will have the strongest influence upon public opinion. It would most effectually check the agitation upon this subject.
Sir, said Mr. B., this question of domestic slavery is the weak point in our institutions. Tariffs may be raised almost to prohibition, and then they may be reduced so as to yield no adequate protection to the manufacturer; our Union is sufficiently strong to endure the shock. Fierce political storms may arise—the moral elements of the country may be convulsed by the struggles of ambitious men for the highest honors of the Government—the sunshine does not more certainly succeed the storm, than that all will again be peace. Touch this question of slavery seriously—let it once be made manifest to the people of the South that they cannot live with us, except in a state of continual apprehension and alarm for their wives and their children, for all that is near and dear to them upon the earth,—and the Union is from that moment dissolved. It does not then become a question of expediency, but of self-preservation. It is a question brought home to the fireside, to the domestic circle of every white man in the Southern States. This day, this dark and gloomy day for the Republic, will, I most devoutly trust and believe, never arrive. Although, in Pennsylvania, we are all opposed to slavery in the abstract, yet we will never violate the constitutional compact which we have made with our sister States. Their rights will be held sacred by us. Under the Constitution it is their own question; and there let it remain.
Mr. Preston said there may be other reasons; he had some which were stronger than those assigned, and he should vote against these, which contained a negative pregnant, looking to a state of things when Congress could act on the subject.
Mr. Porter said one of his reasons for wishing to lay on the table the amendment was, that he might examine and ascertain if such reasons as would be satisfactory to him, so as to command his vote, could be assigned. He renewed his motion, and again withdrew it; when
Mr. Clay stated that he had no objection to let the amendment lie for further examination.
After a few words from Mr. Cuthbert, on motion of Mr. Morris, the Senate adjourned.
On the 11th of March, the following proceedings occurred:
Mr. Leigh rose, and said that, in pursuance of the promise which he yesterday made to the Senate to move to resume the consideration of the abolition petition at the earliest moment that he should have decided what course his duty required him to pursue in regard to the amendment which he yesterday offered to the motion for rejection, now moved that the Senate take up that subject.
The motion having been agreed to, Mr. Leigh withdrew the amendment offered by him yesterday; and the question recurred on Mr. Buchanan’s motion that the prayer of the petition be rejected.
[The following is a copy of the petition: