Chapter VII: Front Matter (7)

Thus, where the Slave Power is indifferent, the President will see that the laws are faithfully executed; but in other cases, where the interests of Slavery are at stake, he is controlled absolutely by this tyranny, ready at all times to do, or not to do, precisely as it dictates. Therefore it is that Kansas is left a prey to the Propagandists of Slavery, while the whole Treasury, the Army, and Navy of the United States are lavished to hunt a single slave through the streets of Boston. You have not forgotten the latter instance; but I choose to refresh it in your minds.

As long ago as 1851 the War Department and Navy Department concurred in placing the forces of the United States near Boston at the command of the Marshal, if needed for the enforcement of an Act of Congress which is without support in the public conscience, as I believe it without support in the Constitution; and thus these forces were degraded to the loathsome work of slave-hunters. More than three years afterwards an occasion arose for their intervention. A fugitive from Virginia, who for some days had trod the streets of Boston as a freeman, was seized as a slave. The whole community was aroused, while Bunker Hill and Faneuil Hall quaked with responsive indignation. Then, Sir, the President, anxious that no tittle of Slavery should suffer, was curiously eager in the enforcement of the statute. The despatches between him and his agents in Boston attest his zeal. Here are some of them.

“BOSTON, May 27, 1854.

“_To the President of the United States._

“In consequence of an attack upon the Court House last night,
for the purpose of rescuing a fugitive slave under arrest,
and in which one of my own guards was killed, _I have availed
myself of the resources of the United States, placed under my
control by letter from the War and Navy Departments in 1851_,
and now have two companies of troops from Fort Independence
stationed in the Court House. Everything is now quiet. The
attack was repulsed by my own guard.

“WATSON FREEMAN.

“_United States Marshal, Boston, Mass._”

“WASHINGTON, May 27, 1854.

“_To_ WATSON FREEMAN, _United States Marshal, Boston, Mass._

“Your conduct is approved. The law must be executed.

“FRANKLIN PIERCE.”

“WASHINGTON, May 30, 1854.

“_To_ HON. B. F. HALLETT, _Boston, Mass._

“What is the state of the case of Burns?

“SIDNEY WEBSTER.

“_Private Secretary of the President._”

“WASHINGTON, May 31, 1854.

“_To_ B. F. HALLETT, _United States Attorney, Boston, Mass._

“Incur any expense deemed necessary by the Marshal and yourself
for City Military, or otherwise, to insure the execution of the
law.

“FRANKLIN PIERCE.”

The President was not content with the forces then on hand in the neighborhood. Other posts also were put under requisition. Two companies of national troops, stationed at New York, were kept under arms, ready at any moment to proceed to Boston; and the Adjutant-General of the Army was directed to repair to the scene, there to superintend the execution of the statute. All this was done for the sake of Slavery. But during long months of menace suspended over the Free Soil of Kansas, breaking forth in successive invasions, the President folds his hands in complete listlessness, or, if he moves at all, it is only to encourage the robber propagandists.

And now the intelligence of the country is insulted by the Apology, that the President had no power to interfere. Why, Sir, to make this confession is to confess our Government a practical failure, which I will never do,--except, indeed, as it is administered now. No, Sir, the imbecility of the Chief Magistrate shall not be charged upon American Institutions. Where there is a will, there is a way; and in his case, had the will existed, there would have been a way, easy and triumphant, to guard against the Crime we deplore. His powers are in every respect ample; and this I prove by the statute-book. By the Act of Congress of 28th February, 1795, it is enacted, “that, whenever the laws of the United States shall be opposed, _or the execution thereof obstructed_, in any State, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this Act, it shall be lawful for the President of the United States to call forth the militia.”[81] By the supplementary Act of 3d March, 1807, in all cases where he is authorized to call forth the militia “for the purpose of causing the laws to be duly executed,” the President is further empowered, in any State _or Territory_, “to employ for the same purposes such part of the land or naval force of the United States as shall be judged necessary.”[82] There is the letter of the law; and you will please to mark the power conferred. In no case, where _the laws of the United States_ are _opposed_, or their execution _obstructed_, is the President constrained to wait for the requisition of a Governor, or even the petition of a citizen. Just so soon as he learns the fact, no matter by what channel, he is invested by law with full power to counteract it. True it is, that, when _the laws of a State_ are obstructed, he can interfere only on the application of the Legislature of such State, or of the Executive, when the Legislature cannot be convened; but when the National laws are obstructed, no such preliminary application is necessary. It is his high duty, under his oath of office, to see that they are executed, and, if need be, by the National forces.

And, Sir, this is the precise exigency that arises in Kansas,--exactly this,--nor more, nor less. The Act of Congress constituting the very _organic law_ of the Territory, which, in peculiar phrase, as if to avoid ambiguity, declares, as its “true intent and meaning,” that the people thereof shall be left “perfectly free to form and regulate their domestic institutions in their own way,” has been from the beginning _opposed_ and _obstructed_ in its execution. If the President had power to employ the national forces in Boston, when he supposed the Fugitive Slave Bill was obstructed, and merely in anticipation of such obstruction, it is absurd to say that he has not power in Kansas, when, in the face of the whole country, the very _organic law_ of the Territory is trampled under foot by successive invasions, and the freedom of the people there overthrown. To assert ignorance of this obstruction--premeditated, long-continued, and stretching through months--attributes to him not merely imbecility, but idiocy. And thus do I dispose of this Apology.

* * * * *

Next comes the _Apology absurd_, which is, indeed, in the nature of pretext. It is alleged that a small printed pamphlet, containing the “Constitution and Ritual of the Grand Encampment and Regiments of the Kansas Legion,” was taken from the person of one George F. Warren, who attempted to avoid detection by chewing it. The oaths and grandiose titles of the pretended Legion are all set forth, and this poor mummery of a secret society, which existed only on paper, is gravely introduced on this floor, in order to extenuate the Crime against Kansas. It has been paraded in more than one speech, and even stuffed into the report of the Committee.

A part of the obligations assumed by the members of this Legion shows why it is thus pursued, while also attesting its innocence. It is as follows.

“I will never knowingly propose a person for membership in this
order _who is not in favor of making Kansas a Free State_,
and whom I feel satisfied will exert his entire influence to
bring about this result. I will support, maintain, and abide
by any honorable movement made by the organization to secure
this great end, _which will not conflict with the laws of the
country and the Constitution of the United States_.”[83]

Kansas is to be made a Free State by an honorable movement which will not conflict with the laws and the Constitution. That is the object of the organization, declared in the very words of the initiatory obligation. Where is the wrong in this? What is there here to cast reproach, or even suspicion, upon the people of Kansas? Grant that the Legion was constituted, can you extract from it any Apology for the original Crime, or for its present ratification? Secret societies, with extravagant oaths, are justly offensive; but who can find in this mistaken machinery any excuse for the denial of all rights to the people of Kansas? All this I say on the supposition that the society is a reality, which it is not. Existing in the fantastic brains of a few persons only, it never had any practical life. It was never organized. The whole tale, with the mode of obtaining the copy of the Constitution, is at once cock-and-bull story and mare’s nest,--trivial as the former, absurd as the latter,--and to be dismissed, with the Apology founded upon it, to the derision which triviality and absurdity justly receive.

* * * * *

It only remains, under this head, that I should speak of the _Apology infamous_,--founded on false testimony against the Emigrant Aid Company, and assumptions of duty more false than the testimony. Defying truth and mocking decency, this Apology excels all others in futility and audacity, while, from its utter hollowness, it proves the utter impotence of the conspirators to defend their Crime. Falsehood, always _infamous_, in this case arouses unwonted scorn. An association of sincere benevolence, faithful to the Constitution and laws, whose only fortifications are hotels, school-houses, and churches, whose only weapons are saw-mills, tools, and books, whose mission is peace and good-will, is grossly assailed on this floor, and an errand of blameless virtue made the pretext for an unpardonable Crime. Nay, more,--the innocent are sacrificed, and the guilty set at liberty. They who seek to do the mission of the Saviour are scourged and crucified, while the murderer, Barabbas, with the sympathy of the chief priests, goes at large.

Were I to take counsel of my own feelings, I should dismiss this whole Apology to the ineffable contempt which it deserves; but it is made to play such a part in this conspiracy, that I feel it a duty to expose it completely.

Sir, from the earliest times, men have recognized the advantages of organization, as an effective agency in promoting the business of life. Especially at this moment, there is no interest, public or private, high or low, of charity or trade, of luxury or convenience, which does not seek its aid. Men organize to rear churches and to make pins,--to build schools and to sail ships,--to construct roads and to manufacture toys,--to spin cotton and to print books,--to weave cloths and to increase harvests,--to provide food and to distribute light,--to influence Public Opinion and to secure votes,--to guard infancy in its weakness, old age in its decrepitude, and womanhood in its wretchedness; and now, in all large towns, when death has come, they are buried by organized societies, and, emigrants to another world,[84] they lie down in pleasant places, adorned by organized skill. To complain that this prevailing principle has been applied to living emigration is to complain of Providence and the irresistible tendencies implanted in man.

This application of the principle is no recent invention, brought forth for an existing emergency. It has the best stamp of Antiquity. It showed itself in the brightest days of Greece, where colonists moved in organized bands. It became part of the mature policy of Rome, where bodies of men were constituted expressly for this purpose,--_triumviri ad colonos deducendos_.[85] Naturally it is accepted in modern times by every civilized state. With the sanction of Spain, an association of Genoese merchants first introduced slaves to this continent. With the sanction of France, the Society of Jesuits stretched their labors over Canada and the Great Lakes to the Mississippi. It was under the auspices of Emigrant Aid Companies that our country was originally settled by the Pilgrim Fathers of Plymouth, by the Adventurers of Virginia, and by the philanthropic Oglethorpe, whose “benevolent soul,” commemorated by Pope, sought to plant a Free State in Georgia. At this day, such associations, of humbler character, are found in Europe, with offices in the great capitals, through whose activity emigrants are directed hither.

For a long time, emigration to the West, from the Northern and Middle States, but particularly from New England, has been of marked significance. In quest of better homes, annually it presses to the unsettled lands, in numbers counted by tens of thousands; but this has been done heretofore with little knowledge, and without guide or counsel. Finally, when, by the establishment of a government in Kansas, the tempting fields of that central region were opened to the competition of peaceful colonization, and especially when it was declared that the question of Freedom or Slavery there was to be determined by the votes of actual settlers, then at once was organization enlisted as an effective agency in quickening and conducting the emigration impelled thither, and, more than all, in providing homes on its arrival.

The Company was first constituted under an Act of the Legislature of Massachusetts, April 26, 1854, some weeks prior to the passage of the Nebraska Bill. The original act of incorporation was subsequently abandoned, and a new charter received in February, 1855, in which the objects of the Society are thus declared:--

“For the purposes of directing emigration westward, and _aiding
in providing accommodations for the emigrants after arriving at
their places of destination_.”[86]

At any other moment an association for these purposes would take its place, by general consent, among philanthropic experiments; but Crime is always suspicious, and shakes, like a sick man, merely at the pointing of a finger. The conspirators against Freedom in Kansas became alarmed at the movement. Their wicked plot was about to fail. To help themselves, they denounced the Emigrant Aid Company; and their denunciations, after finding an echo in the President, are repeated, with much particularity, on this floor, in the formal report of your Committee.

The falsehood of the whole accusation will appear in illustrative instances.

A charter is set out, section by section, which, though originally granted, was subsequently abandoned, and is not in reality the charter of the Company, but is materially unlike it.

The Company is represented as “a powerful corporation, with a capital of five millions,” when, by its actual charter, it is not allowed to hold property above one million, and, in point of fact, its capital has not exceeded one hundred thousand dollars.

Then, again, it is suggested, if not alleged, that this enormous capital, which I have already said does not exist, is invested in “cannon and rifles, in powder and lead,” and “implements of war,” all of which, whether alleged or suggested, is absolutely false. The officers of the Company authorize me to give this whole assumption a point-blank denial.

These allegations are of small importance, and I mention them only because they show the character of the report, and also something of the quicksand on which the Senator from Illinois chooses to plant himself. But these are all capped by the unblushing assertion, that the proceedings of the Company were “in perversion of the plain provisions of an Act of Congress,”--and also another unblushing assertion, as “certain and undeniable,” that the Company was formed to promote certain objects, “regardless of the rights and wishes of the people, as guarantied by the Constitution of the United States, and secured by their organic law,” when it is certain and undeniable that the Company has done nothing in perversion of any Act of Congress, while, to the extent of its power, it seeks to protect the rights and wishes of the actual people in the Territory.

Sir, this Company has violated in no respect the Constitution or laws of the land,--not in the merest letter or the slightest spirit. But every other imputation is equally baseless. It is not true, as the Senator from Illinois alleges, in order in some way to compromise the Company, that it was informed before the public of the date fixed for the election of the Legislature. This statement is pronounced by the Secretary, in a letter now before me, “an unqualified falsehood, not having even the shadow of a shade of truth for its basis.” It is not true that men have been hired by the Company to go to Kansas; for every emigrant going under its direction himself provides the means for his journey. Of course, Sir, it is not true, as is complained by the Senator from South Carolina, with that proclivity to error which marks all his utterances, that men have been sent by the Company “with one uniform gun, Sharp’s rifle”; for it has supplied no arms of any kind to anybody. It is not true that the Company has encouraged any fanatical aggression upon the people of Missouri; for it counsels order, peace, forbearance. It is not true that the Company has chosen its emigrants on account of political opinions; for it asks no questions with regard to the opinions of any whom it aids, and at this moment stands ready to forward those from the South as well as the North, while, in the Territory, all, from whatever quarter, are admitted to equal enjoyment of its tempting advantages. It is not true that the Company has sent persons merely to control elections, and not to remain in the Territory; for its whole action, and all its anticipation of pecuniary profits, are founded on the hope of stocking the country with permanent settlers, by whose labor the capital of the Company shall be made to yield its increase, and by whose fixed interest in the soil the welfare of all shall be promoted.

Sir, it has not the honor of being an Abolition Society, or of numbering Abolitionists among its officers. Its President[87] is a retired citizen, of ample means and charitable life, who has taken no part in the conflicts with Slavery, and never allowed his sympathies to be felt by Abolitionists. One of its Vice-Presidents is a gentleman from Virginia,[88] with family and friends there, who has always opposed the Abolitionists. Its generous Treasurer,[89] now justly absorbed by the objects of the Company, has always been understood as ranging with his extensive connections, by blood and marriage, on the side of that quietism which submits to all the tyranny of the Slave Power. Its Directors are more conspicuous for wealth and science than for any activity against Slavery. Among these is an eminent lawyer of Massachusetts, Mr. Chapman,[90]--personally known, doubtless, to some who hear me,--who has distinguished himself by an austere conservatism, too natural to the atmosphere of courts, which does not flinch even from the support of the Fugitive Slave Bill. In a recent address at a public meeting in Springfield, this gentleman thus speaks for himself and his associates:--

“I have been a Director of the Society from the first, and
have kept myself well informed in regard to its proceedings.
I am not aware that any one in this community ever suspected
me of being an Abolitionist; but I have been accused of being
Proslavery, and I believe many good people think I am quite
too conservative on that subject. I take this occasion to
say that all the plans and proceedings of the Society have
met my approbation; and I assert that it has never done a
single act with which any political party or the people of any
section of the country can justly find fault. The name of its
President, Mr. Brown, of Providence, and of its Treasurer,
Mr. Lawrence, of Boston, are a sufficient guaranty, in the
estimation of intelligent men, against its being engaged in
any fanatical enterprise. Its stockholders are composed of
men of all political parties except Abolitionists. I am not
aware that it has received the patronage of that class of our
fellow-citizens, and I am informed that some of them disapprove
of its proceedings.”

The acts of the Company have been such as might be expected from auspices thus severely careful at all points. The secret through which, with small means, it has been able to accomplish so much is, that, _as inducement to emigration, it goes forward and plants capital in advance of population_. According to the old immethodical system, this rule is reversed, and population is left to grope blindly, without the advantage of fixed centres, with mills, schools, and churches,--all calculated to soften the hardships of pioneer life,--such as are established beforehand in Kansas. Here, Sir, is the secret of the Emigrant Aid Company. By this single principle, which is now practically applied for the first time in history, and which has the simplicity of genius, a business association at a distance, without large capital, has become the beneficent instrument of civilization, exercising the functions of various societies, and being in itself Missionary Society, Bible Society, Tract Society, Education Society, and Society for the Diffusion of the Mechanic Arts. I would not claim too much for this Company; but I doubt if at this moment there is any society so completely philanthropic; and since its leading idea, like the light of a candle from which other candles are lighted without number, may be applied indefinitely, it promises to be an important aid to Human Progress. The lesson it teaches cannot be forgotten; and hereafter, wherever unsettled lands exist, intelligent capital will lead the way, anticipating the wants of the pioneer,--nay, doing the very work of the original pioneer,--while, amidst well-arranged harmonies, a new community arises, to become, by example, a more eloquent preacher than any solitary missionary. In subordination to this essential idea is its humbler machinery for the aid of emigrants on their way, by combining parties, so that friends and neighbors journey together,--by purchasing tickets at wholesale, and furnishing them to individuals at actual cost,--by providing for each party a conductor familiar with the road, and, through these simple means, promoting the economy, safety, and comfort of the expedition. The number of emigrants it has directly aided, even thus slightly, in their journey, is infinitely exaggerated. From the beginning of its operations down to the close of the last autumn, all its detachments from Massachusetts contained only thirteen hundred and twelve persons.

Such is the simple tale of the Emigrant Aid Company. Sir, not even suspicion can justly touch it. But it must be made a scapegoat. This is the decree which has gone forth. I was hardly surprised at this outrage, when it proceeded from the President, for, like Macbeth, he is “stepped in so far,” that “returning were as tedious as go o’er”; but I did not expect it from the Senator from Missouri [Mr. GEYER], whom I have learned to respect for the general moderation of his views, and the name he has won in an honorable profession. Listening to him, I was saddened by the spectacle of the extent to which Slavery will sway a candid mind to do injustice. Were any other interest in question, that Senator would scorn to join in impeachment of such an association. His instincts, as lawyer, as man of honor, and as Senator, would forbid; but the Slave Power, in enforcing its behests, allows no hesitation, and the Senator surrenders.

In this vindication I content myself with a statement of facts, rather than an argument. It might be urged that Missouri organized a propagandist emigration long before any from Massachusetts, and you might be reminded of the wolf in the fable, which complained of the lamb for disturbing the waters, when in fact the alleged offender was lower down the stream. It might be urged also that South Carolina lately entered upon a similar system,--while one of her chieftains, in rallying recruits, has unconsciously attested the cause in which he was engaged, by exclaiming, in the words of Satan, addressed to his wicked forces,--

“Awake! arise! or be forever fallen!”[91]

But the occasion needs no such defences. I put them aside. Not on the example of Missouri or the example of South Carolina, but on inherent rights, which no man, whether Senator or President, can justly assail, do I plant this impregnable justification. It will not do, in specious phrase, to allege the right of every State to be free in domestic policy from foreign interference, and then to assume such wrongful interference by this Company. By the law and Constitution we stand or fall; and that law and Constitution we have in no respect offended.

To cloak the overthrow of all law in Kansas, an assumption is now set up which utterly denies one of the plainest rights of the people everywhere. Sir, I beg Senators to understand that this is a government of laws, and that, under these laws, the people have an incontestable right to settle any portion of our broad territory, and, if they choose, to propagate any opinions there not forbidden by the laws. If this be not so, pray, Sir, by what title is the Senator from Illinois, who is an emigrant from Vermont,[92] propagating his disastrous opinions in another State? Surely he has no monopoly of this right. Others may do what he is doing; nor can the right be in any way restricted. It is as broad as the people; nor does it matter whether they go in numbers small or great, with assistance or without assistance, under the auspices of societies or not under such auspices. If this be not so, then by what title are so many foreigners annually naturalized, under Democratic auspices, in order to secure votes for misnamed Democratic principles? And if capital as well as combination cannot be employed, by what title do venerable associations exist, of ampler means and longer duration than any Emigrant Aid Company, around which cluster the regard and confidence of the country,--the Tract Society, a powerful corporation, which scatters its publications freely in every corner of the land,--the Bible Society, an incorporated body, with large resources, which seeks to carry the Book of Life alike into Territories and States,--the Missionary Society, also an incorporated body, with large resources, which sends its agents everywhere, at home and in foreign lands? By what title do all these exist? Nay, Sir, by what title does an Insurance Company in New York send its agent to open an office in New Orleans? and by what title does Massachusetts capital contribute to the Hannibal and St. Joseph Railroad in Missouri, and also to the copper mines of Michigan? The Senator inveighs against the Native American party; but his own principle is narrower than any attributed to them. They object to the influence of emigrants from abroad: he objects to the influence of American citizens at home, when exerted in States or Territories where they were not born. The whole assumption is too audacious for respectful argument. But since a great right is denied, the children of the Free States, over whose cradles has shone the North Star, owe it to themselves, to their ancestors, and to Freedom itself, that this right shall now be asserted to the fullest extent. By the blessing of God, and under the continued protection of the laws, they will go to Kansas, there to plant homes, in the hope of elevating this Territory soon into the sisterhood of Free States; and to such end they will not hesitate in the employment of all legitimate means, whether by companies of men or contributions of money, to swell a virtuous emigration, and they will justly scout any attempt to question this unquestionable right. Sir, if they fail to do this, they will be fit only for slaves themselves.

God be praised, Massachusetts, honored Commonwealth, that gives me the privilege to plead for Kansas on this floor, knows her rights, and will maintain them firmly to the end. This is not the first time in history that her public acts have been impeached and her public men exposed to contumely. Thus was it in the olden time, when she began the great battle whose fruits you all enjoy. But never yet has she occupied a position so lofty as at this hour. By the intelligence of her population, by the resources of her industry, by her commerce, cleaving every wave, by her manufactures, various as human skill, by her institutions of education, various as human knowledge, by her institutions of benevolence, various as human suffering, by the pages of her scholars and historians, by the voices of her poets and orators, she is now exerting an influence more subtile and commanding than ever before,--shooting her far-darting rays wherever ignorance, wretchedness, or wrong prevails, and flashing light even upon those who travel far to persecute her. Such is Massachusetts; and I am proud to believe that you may as well attempt with puny arm to topple down the earth-rooted, heaven-kissing granite which crowns the historic sod of Bunker Hill as to change her fixed resolve for Freedom everywhere, and especially now for Freedom in Kansas. I exult, too, that in this battle, which in moral grandeur surpasses far the whole war of the Revolution, she is able to preserve her just eminence. To the first she contributed troops in larger numbers than any other State, and larger than all the Slave States together; and now to the second, which is not of contending armies, but of contending opinions, on whose issue hangs trembling the advancing civilization of the age, she contributes, through the manifold and endless intellectual activity of her children, more of that divine spark by which opinions are quickened into life than is contributed by any other State, or by all the Slave States together, while her annual productive industry exceeds in value three times the whole vaunted cotton crop of the whole South.

Sir, to men on earth it belongs only to deserve success, not to secure it; and I know not how soon the efforts of Massachusetts will wear the crown of triumph. But it cannot be that she acts wrong for herself or her children, when in this cause she encounters reproach. No: by the generous souls once exposed at Lexington,--by those who stood arrayed at Bunker Hill,--by the many from her bosom who, on all the fields of the first great struggle, lent their vigorous arms to the cause of all,--by the children she has borne, whose names alone are national trophies, is Massachusetts now vowed irrevocably to this work. What belongs to the faithful servant she will do in all things, and Providence shall determine the result.[93]

And here ends what I have to say of the four Apologies for the Crime against Kansas.[94]

III.

From this ample survey, where one obstruction after another has been removed, I now pass, in the third place, to the consideration of the _remedies proposed_, ending with THE TRUE REMEDY.

The Remedy should be coextensive with the original Wrong; and since, by the passage of the Nebraska Bill, not only Kansas, but also Nebraska, Minnesota, Washington, and even Oregon, are opened to Slavery, the original Prohibition should be restored to its full activity throughout these various Territories. By such happy restoration, made in good faith, the whole country would be replaced in the condition it enjoyed before the introduction of that dishonest measure. Here is the Alpha and the Omega of our aim in this immediate controversy. But no such extensive measure is now in question. The Crime against Kansas is special, and all else is absorbed in the special remedies for it. Of these I shall now speak.

As the Apologies were fourfold, so are the proposed Remedies fourfold; and they range themselves in natural order, under designations which so truly disclose their character as even to supersede argument. First, we have _the Remedy of Tyranny_; next, _the Remedy of Folly_; next, _the Remedy of Injustice and Civil War_; and, fourthly, _the Remedy of Justice and Peace_. There are the four caskets; and you are to determine which shall be opened by Senatorial votes.

* * * * *

There is _the Remedy of Tyranny_, which, like its complement, the Apology of Tyranny,--though espoused on this floor, especially by the Senator from Illinois,--proceeds from the President, and is embodied in a special message. It proposes enforced obedience to the existing laws of Kansas, “whether Federal or _local_,” when, in fact, Kansas has no “local” laws, except those imposed by the Usurpation from Missouri, and it calls for additional appropriations to complete this work of tyranny.

I shall not follow the President in his elaborate endeavor to prejudge the contested election now pending in the House of Representatives; for this whole matter belongs to the privileges of that body, and neither the President nor the Senate has a right to intermeddle therewith. I do not touch it. But now, while dismissing it, I should not pardon myself, if I failed to add, that any person who founds his claim to a seat in Congress on the pretended votes of hirelings from another State, with no home on the soil of Kansas, plays the part of Anacharsis Clootz, who, at the bar of the French Convention, undertook to represent nations that knew him not, or, if they knew him, scorned him, with this difference, that in our American case the excessive farce of the transaction cannot cover its tragedy. But all this I put aside, to deal only with what is legitimately before the Senate.

I expose simply the tyranny which upholds the existing Usurpation, and asks for additional appropriations. Let it be judged by example from which in this country there can be no appeal. Here is the speech of George the Third, made from his throne to Parliament, in response to the complaints of the Province of Massachusetts Bay, which, though smarting under laws passed by usurped power, had yet avoided all armed opposition, while Lexington and Bunker Hill still slumbered in rural solitude, unconscious of the historic kindred they were soon to claim. Instead of Massachusetts Bay, in the royal speech, substitute Kansas, and the message of the President will be found fresh on the lips of the British King. Listen now to the words, which, in opening Parliament, 30th November, 1774, his Majesty, according to the official report, was pleased to speak.

“_My Lords and Gentlemen_:--

“It gives me much concern, that I am obliged, at the opening
of this Parliament, to inform you that a most daring _spirit
of resistance and disobedience to the law_ still unhappily
prevails in the Province of the _Massachusetts Bay_, and has
in divers parts of it broke forth in fresh violences of a very
criminal nature. _These proceedings have been countenanced and
encouraged in other of my Colonies, and unwarrantable attempts
have been made to obstruct the commerce of this kingdom by
unlawful combinations._ I have taken such measures and given
such orders as I judged most proper and effectual _for carrying
into execution the laws which were passed in the last session
of the late Parliament_, for the protection and security of the
commerce of my subjects, and for the restoring and preserving
peace, order, and good government in the Province of the
_Massachusetts Bay_.”[95]

The King complained of a “daring spirit of resistance and disobedience to the law”: so also does the President. The King adds, that it has “broke forth in fresh violences of a very criminal nature”: so also does the President. The King declares that these proceedings have been “countenanced and encouraged in other of my Colonies”: even so the President declares that Kansas has found sympathy in “remote States.” The King inveighs against “unwarrantable attempts” and “unlawful combinations”: even so inveighs the President. The King proclaims that he has taken the necessary steps “for carrying into execution the laws,” passed in defiance of the constitutional rights of the Colonies: even so the President proclaims that he shall “exert the whole power of the Federal Executive” to support the Usurpation in Kansas. The parallel is complete. The Message, if not copied from the Speech of the King, has been fashioned on the same original block, and must be dismissed to the same limbo. I dismiss its tyrannical assumptions in favor of the Usurpation. I dismiss also its petition for additional appropriations, in the affected desire to maintain order in Kansas. It is not money or troops that you need there, but simply the good-will of the President. That is all, absolutely. Let his complicity with the Crime cease, and peace will be restored. For myself, I will not consent to wad the national artillery with fresh appropriation bills, when its murderous hail is to be directed against the constitutional rights of my fellow-citizens.

* * * * *

Next comes _the Remedy of Folly_, which, indeed, is also a Remedy of Tyranny; but its Folly is so surpassing as to eclipse even its Tyranny. It does not proceed from the President. With this proposition he is not in any way chargeable. It comes from the Senator from South Carolina, who, at the close of a long speech, offered it as his single contribution to the adjustment of this question, and who thus far stands alone in its support. It might, therefore, fitly bear his name; but that which I now give to it is a more suggestive synonym.

This proposition, nakedly expressed, is, that the people of Kansas should be deprived of their arms. That I may not do the least injustice to the Senator, I quote his precise words.

“The President of the United States is under the highest and
most solemn obligations to interpose; and if I were to indicate
the manner in which he should interpose in Kansas, I would
point out the old Common Law process. I would serve a warrant
on Sharp’s rifles; and if Sharp’s rifles did not answer the
summons, and come into court on a day certain, or if they
resisted the sheriff, I would summon the _posse comitatus_,
and I would have Colonel Sumner’s regiment to be part of that
_posse comitatus_.”[96]

Really, Sir, has it come to this? The rifle has ever been the companion of the pioneer, and, under God, his tutelary protector against the red man and the beast of the forest. Never was this efficient weapon more needed in just self-defence than now in Kansas; and at least one article in our National Constitution must be blotted out before the complete right to it can be in any way impeached. And yet such is the madness of the hour, that, in defiance of the solemn guaranty in the Amendments to the Constitution, that “the right of the people to keep and bear arms shall not be infringed,” the people of Kansas are arraigned for keeping and bearing arms, and the Senator from South Carolina has the face to say openly on this floor that they should be disarmed,--of course that the fanatics of Slavery, his allies and constituents, may meet no impediment. Sir, the Senator is venerable with years; he is reputed also to have worn at home, in the State he represents, judicial honors; and he is placed here at the head of an important Committee occupied particularly with questions of law; but neither his years, nor his position, past or present, can give respectability to the demand he makes, or save him from indignant condemnation, when, to compass the wretched purposes of a wretched cause, he thus proposes to trample on one of the plainest provisions of Constitutional Liberty.

* * * * *

Next comes _the Remedy of Injustice and Civil War_,--organized by Acts of Congress. This proposition, which is also an offshoot of the original Remedy of Tyranny, proceeds from the Senator from Illinois [Mr. DOUGLAS], with the sanction of the Committee on Territories, and is embodied in the bill now pressed to a vote.

By this bill it is proposed as follows:--

“That, whenever it shall appear, by a census to be taken
under the direction of the Governor, by the authority of
the Legislature, that there shall be 93,420 inhabitants
(that being the number required by the present ratio of
representation for a member of Congress) within the limits
hereafter described as the Territory of Kansas, _the
Legislature of said Territory shall be, and is hereby,
authorized to provide by law for the election of delegates_ by
the people of said Territory, to assemble in Convention and
form a Constitution and State Government, preparatory to their
admission into the Union on an equal footing with the original
States in all respects whatsoever, by the name of the State of
Kansas.”[97]

Now, Sir, consider these words carefully, and you will see, that, however plausible and velvet-pawed they may seem, yet in reality they are most unjust and cruel. While affecting to initiate honest proceedings for the formation of a State, they furnish to this Territory no redress for the Crime under which it suffers; nay, they recognize the very Usurpation in which the Crime ends, and proceed to endow it with new prerogatives. It is _by authority of the Legislature_ that the census is to be taken, which is the first step in the work. It is also _by authority of the Legislature_ that a Convention is to be called for the formation of a Constitution, which is the second step. But the Legislature is not obliged to take either of these steps. To its absolute wilfulness is it left to act or not to act in the premises. And since, in the ordinary course of business, there can be no action of the Legislature till January of the next year, all these steps, which are preliminary in character, are postponed till after that distant day,--thus keeping this great question open, to distract and irritate the country. Clearly this is not what is required. The country desires peace at once, and is determined to have it. But this objection is slight by the side of the glaring tyranny, that, in recognizing the Legislature, and conferring upon it these new powers, the bill recognizes the existing Usurpation, not only as the authentic government of the Territory for the time being, but also as possessing a creative power to reproduce itself in the new State. Pass this bill, and you enlist Congress in the conspiracy, not only to keep the people of Kansas in their present subjugation throughout their Territorial existence, but also to protract this subjugation into their existence as a State, while you legalize and perpetuate the very _force_ by which Slavery is already planted there.

I know that there is another deceptive clause which seems to throw certain safeguards around the election of delegates to the Convention, _when that Convention shall be ordered by the Legislature_; but out of this very clause do I draw judgment against the Usurpation which the bill recognizes. It provides that the tests, coupled with the electoral franchise, shall not prevail in the election of delegates, and thus impliedly condemns them. But if they are not to prevail on this occasion, why are they permitted at the election of the Legislature? If they are unjust in the one case, they are unjust in the other. If annulled at the election of delegates, they should be annulled at the election of the Legislature; _whereas the bill of the Senator leaves all these offensive tests in full activity at the election of the very Legislature out of which this whole proceeding is to come_, and it leaves the polls at both elections in the control of the officers appointed by the Usurpation. Consider well the facts. By existing statute establishing the Fugitive Slave Bill as a shibboleth, a large portion of honest citizens are excluded from voting for the Legislature, while, by another statute, all who present themselves with a fee of one dollar, whether from Missouri or not, and who can pronounce this shibboleth, are entitled to vote. And it is a Legislature thus chosen, under the auspices of officers appointed by the Usurpation, that you now propose to invest with parental powers to rear the Territory into a State. You recognize and confirm the Usurpation which you ought to annul without delay. You put the infant State, now preparing to take a place in our sisterhood, to suckle the wolf which you ought at once to kill. The marvellous story of Baron Munchausen is verified. The wolf which thrust itself into the harness of the horse it had devoured, and then whirled the sledge according to mere brutal bent, is recognized by this bill, and kept in its usurped place, when the safety of all requires that it should be shot.

In characterizing this bill as _the Remedy of Injustice and Civil War_, I give it a plain, self-evident title. It is a continuation of the Crime against Kansas, and as such deserves the same condemnation. It can be defended only by those who defend the Crime. Sir, you cannot expect that the people of Kansas will submit to the Usurpation which this bill sets up and bids them bow before, as the Austrian tyrant set up the ducal hat in the Swiss market-place. If you madly persevere, Kansas will not be without her William Tell, who will refuse at all hazards to recognize the tyrannical edict; and this will be the beginning of civil war.

Next, and lastly, comes _the Remedy of Justice and Peace_, proposed by the Senator from New York [Mr. SEWARD], and embodied in his bill for the immediate admission of Kansas as a State of this Union, now pending as a substitute for the bill of the Senator from Illinois. This is sustained by the prayer of the people of the Territory, setting forth a Constitution formed by spontaneous movement, in which all there had opportunity to participate, without distinction of party. Rarely is any proposition presented so simple in character, so entirely practicable, so absolutely within your power, and promising at once such beneficent results. In its adoption, the Crime against Kansas will be all happily absolved, the Usurpation it established peacefully suppressed, and order permanently secured. By a joyful metamorphosis this fair Territory may be saved from outrage.

“Oh, help,” she cries, “in this extremest need,
If you who hear are Deities indeed!
Gape, Earth, and make for this dread foe a tomb
_Or change my form, whence all my sorrows come_![98]

In offering this proposition, the Senator from New York has entitled himself to the gratitude of the country. Throughout a life of unsurpassed industry and of eminent ability, he has done much for Freedom, which the world will not let die; but than this he has done nothing more opportune, and he has uttered no words more effective than the speech, so masterly and ingenious, by which he vindicated it.

Kansas now presents herself for admission with a Constitution republican in form. And, independently of the great necessity of the case, three considerations of fact concur in commending her. First, she thus testifies her willingness to relieve the National Government of the considerable pecuniary responsibility to which it is now exposed on account of the pretended Territorial Government. Secondly, by her recent conduct, particularly in repelling the invasion on the Wakarusa, she has evinced an ability to defend her government. And, thirdly, by the pecuniary credit she now enjoys, she shows undoubted ability to support it. What can stand in her way?

* * * * *

The power of Congress to admit Kansas at once is explicit. It is found in a single clause of the Constitution, which, taken by itself, without any qualification applicable to the present case, and without doubtful words, requires no commentary. Here it is.

“New States _may_ be admitted by the Congress into this
Union; but no new State shall be formed or erected within the
jurisdiction of any other State, nor any State be formed by the
junction of two or more States, or parts of States, without the
consent of the Legislatures of the States concerned, as well as
of the Congress.”

New States MAY be admitted. Out of that little word _may_ comes the power, broadly and fully, without any limitation founded on population or preliminary forms, provided the State is not within the jurisdiction of another State, nor formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States. Kansas is not within the _legal_ jurisdiction of another State, although the laws of Missouri are tyrannically extended over her; nor is Kansas formed by the junction of two or more States; and therefore Kansas _may_ be admitted by Congress into the Union, without regard to population or preliminary forms. You cannot deny the power, without obliterating this clause. The Senator from New York was right in rejecting all appeal to precedents as entirely irrelevant; for the power invoked is clear and express in the Constitution, which is above all precedent. But since precedent is enlisted, let us look at precedent.

It is objected that the _population_ of Kansas is not sufficient for a State; and this objection is sustained by under-reckoning the numbers there, and exaggerating the numbers required by precedent. In the absence of any recent census, it is impossible to do more than approximate to the actual population; but, from careful inquiry of the best sources, I am led to place it now at 50,000, though I observe that a prudent authority, the “Boston Daily Advertiser,” puts it as high as 60,000; and while I speak, this remarkable population, fed by fresh emigration, is outstripping even these calculations. Nor can there be doubt, that, before the assent of Congress can be perfected in the ordinary course of legislation, this population will swell to the large number of 93,420, required in the bill of the Senator from Illinois. _But, in making this number the condition of the admission of Kansas, you set up an extraordinary standard._ There is nothing out of which it can be derived, from the beginning to the end of the precedents. Going back to the days of the Continental Congress, you find that in 1784 it was declared that 20,000 free inhabitants in a Territory might “establish a permanent Constitution and Government for themselves”;[99] and though this number was afterwards, in the Ordinance of 1787 for the Northwestern Territory, raised to 60,000, yet the power was left in Congress, and subsequently exercised in more than one instance, to constitute a State with a smaller number. Out of all the new States, only Maine, Wisconsin, and Texas contained, at the time of admission into the Union, so large a population as is required in Kansas,--while no less than _fifteen_ new States have been admitted with a smaller population, as will appear by the following list, which is the result of research, showing the number of “free inhabitants” in these States at the date of the proceedings which ended in their admission.

Vermont 85,399
Kentucky 61,247
Tennessee 66,650
Ohio 45,028
Louisiana 41,896
Indiana 63,897
Mississippi 25,938
Illinois 40,156
Alabama 48,871
Missouri 56,364
Arkansas 42,635
Michigan 87,273
Florida 32,500
Iowa 78,819
California 92,597

But this is not all. At the adoption of the National Constitution there were three of the old Thirteen whose respective populations did not reach the amount now required of Kansas: these were Delaware, with only 50,209 free inhabitants; Rhode Island, with only 68,158 free inhabitants; and Georgia, with only 53,284 free inhabitants. And even while I speak, there are at least three States, with Senators on this floor, which, according to the last census, do not contain the population now required of Kansas: I refer to California, with only 92,597 free inhabitants; Delaware, with only 89,242 free inhabitants; and Florida, with only 48,135 free inhabitants. So much for precedents of population.

In sustaining this objection, it is not uncommon to abandon the strict rule of numerical precedent, and to allege that the population required in a new State has always been, in point of fact, above the existing ratio of representation for a member of the House of Representatives. But this is not true; for no less than three States, Mississippi, Arkansas, and Florida, being all Slave States, were admitted with a free population below this ratio. So much, again, for precedents. But even if this coincidence were complete, it would be impossible to press it into binding precedent. The rule seems reasonable, and in ordinary cases would not be questioned; but it cannot be drawn or implied from the Constitution. Besides, this ratio is in itself a sliding scale. At first it was 30,000, increased in 1793 to 33,000, and thus continued till 1813, when it was put at 35,000. In 1823 it was 40,000; in 1833 it was 47,700; in 1843 it was 70,680; and now it is 93,420. If any ratio is to be made the foundation of binding rule, it should be that which prevailed at the adoption of the Constitution,--or at least that which prevailed when Kansas, as part of Louisiana, was acquired from France, under solemn stipulation that it should “be incorporated in the Union of the United States, and admitted _as soon as possible_, according to the principles of the Federal Constitution.” But this whole objection is met by the memorial of the people of Florida, which, if good for that State, is also good for Kansas. Here is a passage.