Chapter VIII: Part 8

MR. PRESIDENT,--The Senator and myself are perfectly agreed in our main object. Here there is no difference between us. Each desires to secure the largest revenue. For myself, I know no bounds to this desire. The simple question is, How will this be best accomplished? The Senator puts forward the proposition to increase by ten per cent all existing duties, and he does this while still ignorant of the actual working of the tariff established in March. To our inexperience with regard to that tariff he would add further inexperience with regard to the effect of the proposed increase. Now this may be good policy; but it does not seem so to me. The commerce of the country cannot bear such constant change, especially in the direction proposed. The revenue will not gain by it.

For good or for evil, what is familiarly known as the “Morrill Tariff” has been adopted. The commerce of the country has taken note of its requisitions, and is now ready to govern itself accordingly. And it seems to me that the House of Representatives acted wisely, in seeking to increase the revenue by duties on selected articles, which it was thought could bear the tax, rather than by wholesale change, which must cause the whole system to be remodelled. In this respect the House bill has an advantage over that brought forward by the Senator from Rhode Island [Mr. SIMMONS] and maintained so zealously by the Senator from Maine [Mr. FESSENDEN].

But the Senator from Maine says he is unwilling to hearken to suggestions from foreign nations.

MR. FESSENDEN. Not at all. I said no such thing as that. I am
perfectly willing to hearken to all suggestions, if they are
respectfully made, and do not assume a right to dictate to us.

MR. SUMNER. Pray, who has dictated to us, or who assumes any such right? And as to suggestions, which the Senator says he welcomes, I am not aware that any foreign nation, or any person representing any foreign nation, has made even a suggestion that could come within the criticism, swift as it is, of the Senator. Nor, indeed, am I aware of any suggestion in any form to this body. Surely the Senator is mistaken. He must in his imagination exaggerate something that he has heard; or perhaps he misinterprets something that fell from myself.

Let me not be misunderstood. I have said that this ten per cent proposition, if adopted, will give your tariff a bad name among those who are disposed to criticise it, and especially with foreign countries. Was I not right? Is it not true? Willingly I take the censure of the Senator, while I strive at this moment to secure for my country sympathy from every quarter, even from foreign nations; nor shall I be disturbed by anything which fell from the Senator. I am accustomed to criticism in this body. And I beg to say that I shrink from no responsibility which belongs to my position. If duty requires that foreign nations should be encountered by a policy harassing to their industry, I shall take my full share of this grave responsibility; but until I see the path of duty in that direction, I hope that I may be pardoned, if I prefer a policy doubly commended as most beneficial to us and least hurtful to them.

I am unwilling that my country at this moment should pursue a shadow, and in the end find that it has gained nothing but ill-will. Strong as we are, we cannot afford to augment the odium created by our late tariff. Better husband our resources,--among which I place the sympathies of the civilized world, and of those laboring classes whose industry must suffer by your act, without, I fear, any corresponding benefit to us.

The amendment of Mr. Sumner was lost.

EMANCIPATION OUR BEST WEAPON.

SPEECH BEFORE THE REPUBLICAN STATE CONVENTION AT WORCESTER, MASSACHUSETTS, OCTOBER 1, 1861. WITH APPENDIX.

Therefore take heed …
How you awake _the sleeping sword of war_:
We charge you, in the name of God, take heed!

SHAKESPEARE, _King Henry V._, Act I. Scene 2.

So speak ye, and so do, as they that shall be judged by the LAW
OF LIBERTY.--_Epistle of James_, ii. 12.

This speech, at the time of its delivery, was entitled in
some quarters “Emancipation the Cure of the Rebellion,” which
certainly showed an appreciation of its meaning. In the
pamphlet edition another title was adopted, argumentative in
form, and intended to suggest the same conclusion,--“Union and
Peace, how they shall be restored.” It was made at the annual
State Convention of the Republican party of Massachusetts.

The Convention was called to order by Hon. William Claflin,
Chairman of the Republican State Committee. Its permanent
organization was as follows.

President,--Hon. Henry L. Dawes, of North Adams.

Vice-Presidents,--Richard Libbey of Wellfleet, James H.
Mitchell of East Bridgewater, Joseph N. Bacon of Newton, Albert
J. Wright of Boston, Nehemiah Boynton of Chelsea, John S. E.
Rogers of Gloucester, Gerry W. Cochrane of Methuen, N. C.
Munson of Shirley, Giles H. Whitney of Winchendon, J. H. Butler
of Northampton, Joel Hayden of Haydensville, by districts;
with Robert M. Hooper of Boston, Oliver Ames, Jr., of Easton,
Alexander DeWitt of Oxford, Hapgood Swift of Lowell, Freeman
Walker of North Brookfield, Marshall P. Wilder of Dorchester,
Clement Willis of Boston, Lorenzo Sabine of Roxbury, Thomas
Tucker of Worcester, Francis H. Fay of Lancaster, Columbus
Tyler of Somerville, George Washington Warren of Charlestown,
Linus Beck of Boston, Charles O. Rogers of Boston, H. B.
Staples of Milford, Orlando Burt of Sandisfield, Francis
Coggswell of Andover, at large.

Secretaries,--S. N. Stockwell of Boston, J. E. Tucker of
Worcester, N. A. Horton of Salem, Z. E. Stowe of Lowell, George
S. Merrill of Lawrence, Joseph B. Thaxter of Hingham, Samuel
B. Noyes of Canton, William S. Robinson of Malden, Charles A.
Chase of Boston, L. H. Bradford of Fitchburg, William Martin of
North Adams, Gardner M. Fiske of Palmer, William W. Clapp, Jr.,
of Boston.

The President, on being conducted to the chair, made a speech,
in which he said:--

“Since last assembled here for a kindred purpose, the
mighty march of events has borne the popular efforts on
to a higher plane than ever before opened to the gaze
of man.… Massachusetts cannot, if she would, and, thank
God, she would not, if she could, perform an indifferent
part in this life struggle of the Republic. She makes no
boast over her sister States, but the great Disposer and
Adjuster of events has placed her in the forefront rank, in
this great battle for the integrity of the nation and the
existence of free institutions, and she accepts her place
with alacrity.”

Immediately after this speech, John A. Andrew was unanimously
and by acclamation renominated as candidate for Governor, being
his second nomination for that post. The committees of the
Convention having been appointed, there was an adjournment till
afternoon.

In the afternoon, the resolutions of the Committee, seven in
number, were reported by George S. Hale, of Boston, and at once
laid upon the table, on motion of Edward L. Pierce, of Milton,
in order to give an opportunity for Mr. Sumner to address the
Convention. A report says:--

“Hon. Charles Sumner came on the platform about this time,
and his presence was acknowledged with great applause. The
President introduced him to the Convention, and he made a
speech about an hour long.”

“Great enthusiasm” and “warm cheers” are the terms of other
reports with regard to his reception. These are mentioned
because the sentiments of the audience were represented
afterwards as adverse. The pamphlet report says:--

“Upon the appearance of Mr. Sumner on the platform, he
was most cordially greeted by the whole Convention and
the large audience in the galleries. Hon. H. L. Dawes,
President of the Convention, introduced him in a few
felicitous words, whereupon the warm applause of the vast
assembly burst forth again with great enthusiasm, ending
with three rousing cheers.”

At the conclusion of Mr. Sumner’s speech, a motion was made
to take the resolutions of the Committee from the table, when
Rev. James Freeman Clarke, the Liberal preacher and sincere
reformer, appeared on the platform, and after a few remarks
offered the following resolutions.

“_Resolved_, That, while the people of Massachusetts have
confidence in the wisdom of the National Administration,
and are ready hereafter, as hitherto, to give their blood
and their treasure in answer to its call, yet, believing
that Slavery is the root and cause of this Rebellion, they
will rejoice when the time shall come, in the wisdom of the
Government, to remove this radical source of our present
evils.

“_Resolved_, That, when the proper time shall arrive,
the people of Massachusetts will welcome any act, under
the war power of the Commander-in-Chief, which shall
declare all the slaves within the lines of our armies to
be free, and accept their services in defence of the
Union,--compensating all loyal owners for slaves thus
emancipated, and thus carrying liberty for all human beings
wherever the Stars and Stripes shall float.”

There was no direct vote on these resolutions, but authentic
accounts at the time enable us to trace their fortune.

They were at once opposed by George S. Hale, the reporter
of the Committee’s resolutions, and by Artemas Lee of
Templeton, “declaring that they were calculated to weaken
the Administration in Kentucky.” Not being moved as an
amendment to the other resolutions, the first question was
on the adoption of the latter, which were carried. Pending
the question on Mr. Clarke’s resolutions, the Committee to
nominate Lieutenant-Governor, Secretary of the Commonwealth,
Attorney-General, Treasurer and Receiver-General, and Auditor,
made their report, which superseded the other question,
and caused an irritating and personal discussion. When the
nominations were completed, it had become late, and many had
already left by the trains, among them Mr. Sumner; but Mr.
Clarke moved to take his resolutions from the table, when,
according to the report, “a member in front of the chair moved
to adjourn, and that motion, being first in order, was put and
carried, with but few dissenting votes.” It was supposed by
many, that, had a vote been taken on these resolutions while
the Convention was full, they would have been adopted.

In the disposition to weaken the speech of Mr. Sumner, it
was charged at the time that he spoke without official
invitation,--which was contrary to the fact. Some time in
advance of the Convention, Mr. Claflin, Chairman of the State
Committee, called on Mr. Sumner and invited him to address it,
urging him strongly; and when the latter said that he could
not consent, without declaring the duty of Emancipation, and
freeing his mind on this all-important subject, Mr. Claflin
insisted that he should do so, and Mr. Sumner promised to
speak. At another call Mr. Sumner read to Mr. Claflin a sketch
of what he proposed to say, adding that he would not speak
except with the approval of Mr. Claflin, when the latter
declared his entire agreement with Mr. Sumner, and insisted
that the speech should be made.

An account of the contemporaneous discussion, whether of
criticism or sympathy, will be found in the Appendix.

SPEECH.

FELLOW-CITIZENS,--In meeting fellow-citizens of Massachusetts, who have come together from all parts of the Commonwealth, I find myself in a familiar scene, but plainly things are changed. Yes, there is a great change, and it is manifest in our Convention.

No longer are we met, as so often in times past, on questions of controversy, or to sustain our cause by argument. That hour has passed. Formerly I have exhibited to you the atrocities of the Fugitive Slave Bill; I have rejoiced to show that Freedom was National and Slavery Sectional; I have striven to prevent the spread of Slavery in the Territories; I have vindicated especially Freedom in Kansas, assailed by slaveholding conspirators; I have exposed the tyrannical usurpations of the Slave Oligarchy; and I have dragged into light the huge and hideous Barbarism of Slavery. [_Applause._] But these topics have passed into history, and are no longer of practical interest. They are not of to-day.

Let us rejoice that at least so much is gained, and from the extent of present triumph take hope and courage for the future. Providence will be with the good cause in times to come, as in times past. Others may despair; I do not. Others may see gloom; I cannot. Others may hesitate; I will not. [_Applause._] Already is the nation saved. Great as seems the present peril, there was peril greater far, while it was sinking year after year under the rule of Slavery. How often have I exclaimed, in times past, that our foremost object was the Emancipation of the National Government, so that no longer should it be the slave of Slavery, ready to do its bidding in all things! But this surpassing victory has been won. It was won first by the ballot-box, when Abraham Lincoln was elected President of the United States [_applause_]; and it was won the second time by the cartridge-box, when, at the command of the President, the guns of Fort Sumter returned defiance to the Rebel artillery. [_Three cheers._] Such is the madness of Slavery that the first was not enough; unhappily, the second was needed to complete the work.

God be praised, much is already done. The Slave Oligarchy, which, according to vaunt of a slaveholding Senator, has ruled the Republic for more than fifty years,--which has stamped its degrading character upon the national forehead,--which has entered into and possessed not only the politics, but the literature, and even the religion of the land,--which has embroiled us at home, and given us a bad name abroad,--which has wielded at will President, Cabinet, and even judicial tribunals,--which has superseded Public Opinion by substituting its own immoral behests,--which has appropriated to itself the offices and honors of the Republic,--which has established Slavery as the single test and shibboleth of favor,--which, after opening all our Territories to this wrong, was already promising to renew the Slave-Trade and its unutterable woes,--nay, more, which, in the instinct of that tyranny through which it ruled, was beating down all safeguard of human rights, freedom of speech, freedom of the press, security of person, and delivering the whole country to a sway whose vulgarity was second only to its madness,--this domineering Slave Oligarchy is dislodged from the National Government, never more to return. [_Immense sensation._] Thus far, at least, has Emancipation prevailed. _The greatest slave of all is free._

If at any moment we are disposed to be disheartened, if the Future is not always clear before us, we may find ample motive for joy in the victory already achieved. Pillars greater than those of Hercules might fitly mark this progress.

Among the obvious results of such victory is one to be enjoyed especially on this occasion. It is Slavery which has been the origin of our party divisions, keeping men asunder who ought to act together. But with the expulsion of this disturber the apology for difference ceases. All patriots, all who truly love their country, may now act together,--no matter in what party combination they have appeared, no matter of what accent the speech by which their present duties are declared. Call them Democrats, Union men, natives, or foreigners, what you will, are we not all engaged in a common cause? Nor will I claim as yet the highest praise for those with whom I am most intimately associated. I have read history too well not to remember that faithful allies are sometimes superior even to domestic veterans. Hannibal relied less on his own Carthaginians than on his Spanish infantry and Numidian horse.

* * * * *

The Government is assailed by a rebellion without precedent. Never, since Satan warred upon the Almighty, has rebellion assumed such a front [_applause_], and never before has it begun in such a cause. The Rebels are numerous and powerful, and their cause is Slavery. [_Sensation._]

It is the very essence of rebellion to be audacious, unhesitating, unscrupulous. Rebellion sticks at nothing,--least of all, rebellion beginning in Slavery. It can be encountered successfully only by vigor and energy surpassing its own. Patriotism as a motive surely is not less potent than Treason. It must be invoked. By all the memories of your fathers, who founded this Republic and delivered to you the precious heritage, by all the sentiments of gratitude for the good you have enjoyed beneath its protecting care, are you summoned to its defence. Defence did I say? With mortification I utter the word; but you all know the truth.

Rebel conspirators have set upon us, and now besiege the National Government. They besiege it at Washington, where are the President and his Cabinet with the national archives. They besiege it at Fortress Monroe on the Atlantic, at St. Louis on the Mississippi, and now they besiege it in Kentucky. Everywhere we are on the defensive. [_Sensation._] Strongholds are wrested from us. Soldiers gathered under the folds of the national flag are compelled to surrender. Citizens, whose only offence is loyalty, are driven from their homes. Bridges are burned. Railways are disabled. Steamers and ships are seized. The largest navy-yard of the country is appropriated. Commerce is hunted on the sea, and property, wherever it can be reached, ruthlessly robbed or destroyed. Only within a few days we have read the order of one Buckner, Rebel commander in Kentucky, directing the destruction of a most important lock, by which Green River was rendered navigable. Pardon me, if I ask attention to this intercepted order. It is instructive, as showing the spirit with which we have to deal.

“BOWLING GREEN, September 19, 1861.

“Lock No. 1 must be destroyed. I rely upon our friends at
Owenboro’ to do it. Not an hour must be lost. The destruction
is a great deal to me in crippling our adversary. Assemble our
friends, without delay, in sufficient force to accomplish the
object. One of the best ways is to open all the gates but one,
and to dig down behind the wall at both gates, to put one or
two kegs of powder behind the wall, to apply a slow match, and
blow the wall into the lock. If possible, it should be done in
such a way as to leave a strong current through the lock, which
will empty the dam. Provide everything in advance. Do not fail.
It is worth an effort.”[148]

It is still doubtful if the work of destruction was accomplished. But the military order remains. Thus madly was it attempted to sweep away the most valuable of the internal improvements of Kentucky, being part of the pride and wealth of the State.

Do you ask in whose name all this is done? The answer is easy. Not “in the name of God and the Continental Congress,” as Ethan Allen summoned Ticonderoga,--but “in the name of Slavery.” In the name of Slavery, and nothing else, is all this crime, destruction, and ravage perpetrated; and the work still proceeds.

Look at the war as you will, and you always see Slavery,--as the renowned orator of Rome saw in the evil about him only the great conspirator. Never were his words more applicable: _Nullum facinus exstitit, nisi per te; nullum flagitium sine te_: “No villany but has owed its existence to thee; no shameful thing has been done without thee.”[149] Slavery is our Catiline, being to this war everything,--inspiration, motive power, end and aim, be-all and end-all. And this brings me to an important statement.

* * * * *

It is often said that war will make an end of Slavery. This is probable. But it is surer still that the overthrow of Slavery will make an end of the war. [_Tumultuous applause and cheers._]

If I am correct in this averment, which I believe beyond question, then do reason, justice, and policy unite, each and all, in declaring that the war must be brought to bear directly on the grand conspirator and omnipresent enemy. [_Here the vociferous cheers of the Convention interrupted the speaker._] Not to do so is to take upon ourselves all the weakness of Slavery, while we leave to the Rebels its boasted resources of military strength. [_Cheers._] Not to do so is to squander life and treasure in a vain masquerade of battle, without practical result. Not to do so is blindly to neglect the plainest dictates of economy, humanity, and common sense,--and, alas! simply to let slip the dogs of war on a mad chase over the land, never to stop until spent with fatigue or sated with slaughter. [_Sensation._]

Believe me, fellow-citizens, I know all imagined difficulties and unquestioned responsibilities. But, if you are in earnest, the difficulties will at once disappear, and the responsibilities are such as you will gladly bear. This is not the first time that a knot hard to untie was cut by the sword [_cheers_]; and we all know that danger flees before the brave man. Believe that you can, and you can. The will only is needed. Courage now is the highest prudence. [_Applause._]

It is not necessary even, borrowing a familiar phrase, to carry the war into Africa. It will be enough, if we carry Africa into the war [_here the outburst of applause compelled the speaker to suspend his remarks_], in any form, any quantity, any way. [_Continued applause._] The moment this is done, Rebellion will begin its bad luck, and the Union become secure forever. [_Cheers._]

History teaches by examples. The occasion does not allow me to show how completely this monitor points our duty and certain triumph. I content myself with two instances of special mark,--one from ancient Greece, and the other from ancient Rome.

The most fatal day for ancient Greece was that “dishonest victory” at Chæronea, when Philip of Macedon triumphed over combined forces, in which Demosthenes was enlisted as a soldier. The panic was universal. Athens was thrown into consternation. Her great orator had fought bravely, but ineffectually. Another orator, called by Milton “that old man eloquent,” died suddenly on hearing the report of the defeat. The Book of Fate seemed about to close, while the proud Athenian State sank to be a Macedonian province. Then it was that a patriot orator, Hyperides, launched a proposition to emancipate the slaves. The effect was electric. The royal Philip, already strong in victory, trembled. King and conqueror, he was statesman also, and saw well that such a proposition, begun in Athens, would shake all Greece, even to his powerful throne, which the young Alexander was preparing to mount. His triumphant course was arrested, and peace secured.[150]

The other instance is in Roman history. You will find it in Plutarch’s Life of Caius Marius. Six times Consul,--victor over the redoubtable Jugurtha, also over the innumerable Teutones and Cimbri,--hailed as Saviour of Rome, and then, in the terrible vicissitudes of civil feud, driven from his country to find shelter in the ruins of Carthage,--this great general, returning from exile, was able to effect a landing in Italy. The incident is recorded in these words,--and you must acknowledge that such immense military experience gives to the example highest authority:--

“Marius upon this news determined to hasten to Cinna. He took
with him some Marusian horse which he had levied in Africa,
and a few others that were come to him from Italy, in all
not amounting to above a thousand men, and with this handful
began his voyage. He arrived at a port of Tuscany called
Telamon, _and as soon as he was landed proclaimed liberty to
the slaves_. [_Immense applause._] The name of Marius brought
down numbers of freemen too, husbandmen, shepherds, and such
like, to the shore, the ablest of which he enlisted, and in a
short time had a great army on foot, with which he filled forty
ships.”[151]

Thus far Plutarch. It is needless to add that Marius soon found himself master of Rome. [_Applause._]

These are historic instances. I do not adduce them for blind acceptance, but simply that you may see how in times past defeat was stayed and victory won by a generous word for Freedom. Men die and disappear; but the Human Family continues the same, in passions and fears, as when Philip was frightened back from Athens, as when Marius was borne in triumph to Rome. [_Applause._]

To these great teachers I would add the authority of the ancient Roman Law, and I refer you for it to the common Dictionary of Greek and Roman Antiquities[152] now used in all our schools. According to that law, the state of Slavery might be terminated in at least three different modes: first, by manumission; secondly, by enactment of reward to the slave; and, thirdly, _by enactment of punishment to the master_. [_Great sensation._] If the master failed to be a good citizen, he might be punished, so that he should suffer in property, and at the same time others gain what is more than property,--freedom. But I do not cite even this example of a time-honored jurisprudence for absolute guidance. I will not doubt, that, in the unparalleled circumstances by which we are encompassed, justice will be done.

Already the way is easy. A simple declaration, that all men within the lines of the United States troops are freemen, will be in strict conformity with the Constitution, and also with precedent. The Constitution knows no man as slave. It treats all within its jurisdiction as _persons_, while the exceptional provision for the rendition of _persons_ held to service or labor, you will observe, is carefully confined to such as have escaped into another State,--so that in Virginia it cannot require the surrender of a Virginia slave, nor in Missouri of a Missouri slave. It is clear, therefore, that there is no sanction under the Constitution for turning a national camp into a slave-pen, or for turning military officers into slave-hunters. Let this plain construction be adopted, and then, as our lines advance, Freedom will be established everywhere, and the national flag in its triumphant march will wave with new glory. [_Applause._]

A brave General whom Massachusetts has given to the country, though commencing his career with prejudices derived from the Proslavery school of politicians, has known how to see this question in its true light: I mean, of course, General Butler. [_Immense cheering, interrupting the speaker for some time._] He has declared, in a letter to the Secretary of War, dated Fortress Monroe, 30th July, 1861, with reference to fugitive slaves, that it is his duty to “take the same care of these men, women, and children, houseless, homeless, and unprovided for, as he would of the same number of men, women, and children who for their attachment to the Union had been driven or allowed to flee from the Confederate States.”[153] These words are better for his reputation than a victory. [_Applause and cheers._] Humanity and wisdom go together, and here we see both.

There is similar and unimpeachable testimony from a succession of Generals, all born, living, and dying in the South: I mean Gaines, Taylor, and Jesup, who, one after another, commanded in that protracted war instigated by the Slave Power against the Seminoles, and waged at such cost of treasure and life. Fugitives from Slavery, known as the Exiles of Florida, found a home among these Indian warriors, and the question arose how they should be treated, being, on a smaller scale, the very question which now occupies us. Major-General Gaines insisted, that, when captured, they were prisoners of war, and, in reply to claimants, he refused to surrender them, somewhat in the temper of Hotspur, even to the extent of denying his prisoners.[154] Then followed Major-General Taylor, afterwards President, who, in reply to claimants asking him “to turn over certain negroes,” said, “I cannot for a moment consent to meddle with this transaction,”[155]--thus giving example of just sensibility. At last the Exiles surrendered to Major-General Jesup as freemen. Afterwards, when their condition was in question, the General wrote: “By my Proclamation, and the Convention made with them, when they separated from the Indians and surrendered, _they are free_.” And then again he wrote: “I, as commander of the army, and in the capacity of representative of my country, solemnly pledged the national faith that they should not be separated, nor any of them sold to white men or others, but be allowed to settle and remain in separate villages, _under the protection of the United States_.”[156] Thus apparent, from beginning to end, are obligations to fugitives from bondage, while by concurring and consecutive authority that principle is established under which the camp becomes a refuge against Slavery.

This conclusion is reinforced by language attributed to General Gaines, and extensively published in the newspapers. “The military officer can enter into no judicial examination of the claim of one man to the bone and muscle of another as property. Nor could he as a military officer know what the laws of Florida were, while engaged in maintaining the Federal Government by force of arms. In such case he could only be guided by the Laws of War; and whatever may be the laws of any State, they must yield to the safety of the Federal Government.” Nothing can be clearer, stronger, or more to the point.

Thus have we example in the past as in the present, and from military quarters, pointing to a rule, which, though of seeming simplicity, would be of incalculable efficacy, if honestly and sincerely enforced. Then would our camps become nurseries of freemen, and every common soldier a chain-breaker, while Slavery shrunk out of sight.

* * * * *

There is a higher agency that may be invoked, which is at the same time under the Constitution and above the Constitution: I mean Martial Law in its plenitude, and declared by solemn Proclamation. It is under the Constitution, because the War Power to which it belongs is positively recognized by the Constitution. It is above the Constitution, because, when set in motion, like necessity, it knows no other law. For the time it is Law and Constitution. The civil power, in mass and detail, is superseded, and all rights are subordinate to this military magistracy. Other agencies, small and great, executive, legislative, and even judicial, are absorbed in a transcendent triune power, which, for the time, declares its absolute will, while holding alike the scales of justice and the sword of the executioner. The existence of this power nobody questions. If rarely exercised in our country, and never largely, the power is none the less fixed in our political system. As well strike out the kindred law of self-defence, belonging to states as to individuals. Martial Law is only a form of self-defence.

That this law might be employed against Slavery, without impediment from State Rights, was first proclaimed in the House of Representatives by a Massachusetts statesman, who was a champion of Freedom, John Quincy Adams. [_Applause._] His authority is such that I content myself with the sanction of his name, which becomes more commanding when we consider the circumstances under which he first put forth this great rule, then repeated it, and then again most defiantly vindicated it.

Student of history, and of Public Law in all its forms, from earliest youth, under the teaching of his father, counsellor-at-law, Senator of the United States, Minister at foreign courts, including Holland, Prussia, Russia, England, negotiator of Peace at Ghent, then Secretary of State and President, this illustrious citizen, after such varied experience, entered the House of Representatives, where it became his duty to expound the War Power in our government, especially with regard to Slavery. On such a question, his whole life was the open book from which he spoke with magistral authority. No well-worn, dog-eared volume was needed. Himself was enough. And the circumstances of the debate, with the sensitiveness of the hour, gave new force to the principle which he announced.

A select committee on the Abolition of Slavery reported a resolution declaring “That Congress possesses no Constitutional authority to interfere in any way with the institution of Slavery in any of the States of this Confederacy.” Before the vote, the Ex-President asked to be heard, saying, “If the House will allow me five minutes’ time, I pledge myself to prove that resolution false and utterly untrue.”[157] Here he was called to order, and resumed his seat. The resolution was adopted. Immediately thereafter, on the same day, he obtained the floor on another subject, being a resolution for the distribution of rations among unfortunate sufferers in Alabama and Georgia, and having first remarked that his reasons for voting against the former resolution, founded on the power of Congress, would be a justification for the vote he should give in favor of the proposed distribution, he proceeded to discuss the War Power under the Constitution, portraying the various wars actually menaced, including a civil war, while with prophetic voice he exclaimed, “Your own Southern and Southwestern States must be the battle-field upon which the last great conflict must be fought between Slavery and Emancipation,” and then announced the supreme power of Congress.

“From the instant that your slaveholding States become the
theatre of war, civil, servile, or foreign, from that instant
the war powers of Congress extend to interference with the
institution of Slavery in every way by which it can be
interfered with,--from a claim of indemnity for slaves taken or
destroyed, to the cession of the State burdened with slavery to
a foreign power.”[158]

I give but an extract. Again, after other years, with added experience, we find this exalted citizen asserting the same War Power, and holding up to terrified Slave-Masters the prospect of Universal Emancipation.[159]

Meanwhile the question was discussed by friend and foe, being always in the blaze of the public press, when, on the 14th of April, 1842, our champion returned to it again, asserting the power of Congress with new vigor and detail. This was after the introduction of resolutions by Mr. Giddings, setting forth the relations of the National Government to Slavery, where it was declared without reservation that each of the several States composing this Union has full and _exclusive_ jurisdiction over the subject of Slavery within its own territory.[160] The Ex-President, while accepting the other resolutions, was unwilling to vote for this complete surrender to the Slave States, and here again he was driven to find opportunity for speech on another question. It was on the Civil and Diplomatic Appropriation Bill, and the salaries of our foreign ministers, when, with masterly ability, in a speech of two days,[161] he reviewed our foreign relations, warning especially against war with England and Mexico; and then by natural transition depicted again the power of Congress in such emergency. These are his words:--

“It is a War Power. I say it is a War Power; and when your
country is actually in war, whether it be a war of invasion or
a war of insurrection, Congress has power to carry on the war,
and must carry it on according to the Laws of War; and by the
Laws of War an invaded country has all its laws and municipal
institutions swept by the board, and Martial Law takes the
place of them. This power in Congress has perhaps never been
called into exercise under the present Constitution of the
United States. But when the Laws of War are in force, what, I
ask, is one of those laws? It is this: that, when a country
is invaded, and two hostile armies are set in martial array,
_the commanders of both armies have power to emancipate all the
slaves in the invaded territory_.”[162]

Still further, he announces, in words precisely applicable to the present hour:--

“Nor is this a mere theoretic statement. The history of South
America shows that the doctrine has been carried into practical
execution within the last thirty years. Slavery was abolished
in Colombia, first, by the Spanish General Murillo, and,
secondly, by the American General Bolivar. It was abolished by
virtue of a military command, given at the head of the army;
and its abolition continues to be law to this day.”[163]

Condensing then the whole subject, and bringing it all into one final statement, he says:--

“I might furnish a thousand proofs to show that the pretensions
of gentlemen to the sanctity of their municipal institutions,
under a state of actual invasion and of actual war, whether
servile, _civil_, or foreign, are wholly unfounded, and that
the Laws of War do in all such cases take precedence. I lay
this down as the Law of Nations. I say that the military
authority takes, for the time, the place of all municipal
institutions, _and of Slavery among the rest_; and that under
that state of things, so far from its being true that the
States where Slavery exists have the exclusive management of
the subject, _not only the President of the United States, but
the commander of the army, has power to order the Universal
Emancipation of the slaves_.”[164] [_Applause._]

His confidence in this principle was complete. As he uttered it, he said, addressing the Presiding Officer, “I have no more doubt of it than that you, Sir, occupy that chair”; and he called upon Slave-Masters to answer him, if they could, “not by indignation, not by passion and fury, but by sound and sober reasoning from the Laws of Nations and the Laws of War.” No attempt to answer him was ever made; but the wrath of Slavery was poured still more unsparingly upon the head of the venerable orator. Meanwhile his words have stood as a towering landmark and beacon-flame.

In the protracted controversy now drawing to a close in blood, Massachusetts has done much. She, first of all, gave the example of Universal Freedom within her borders; and ever since that early day she has taken the leading part against Slavery. It is her children who have never failed in this cause, where anything was to be done, whether by word or deed. Massachusetts, for years, has borne the burden of this discussion, and also the heavier burden of obloquy long resting upon all who speak for the slave. It is Massachusetts who with patriotic ardor first leaped to the rescue, when the capital was menaced by Slavery [_applause_], and by happy coincidence, on the 19th of April, consecrated herself anew by the blood of her people [_applause_],--thus being at the same time first to do and first to suffer. [_Immense applause._] It was also a Massachusetts General who first in this conflict proclaimed that our camps cannot contain a slave [_vociferous applause_]; and it was an illustrious Massachusetts statesman who first unfolded the beneficent principle by virtue of which, constitutionally, legally, and without excess of any kind, the President, or a Commanding General, may become more than conqueror, even Liberator. [_Applause and great sensation._]

Massachusetts will be false to herself, if she fails at this moment. [_Sensation._] And yet I would not be misunderstood. Feeling most profoundly that there is an opportunity now for incalculable good, such as occurs rarely in human annals, seeing clearly that there is one spot, like the heel of Achilles, where this great Rebellion may be wounded to death, I calmly deliver the whole question to the judgment of those on whom the responsibility rests, contenting myself with reminding you that there are times when _not to act_ carries with it greater responsibility than _to act_. It is enough for us to review the unquestioned powers of Government to handle for a moment its mighty weapons, yet allowed to slumber, without assuming to declare that the hour has come when they shall flash against the sky.

May a good Providence save our Republic from that everlasting regret which must ensue, if a great opportunity is lost by which all the bleeding wounds of war shall be stanched, and prosperity again assured, while Peace is made immortal in the embrace of Liberty! [_Applause._] Saul was cursed for not hewing Agag in pieces when this enemy was in his hands, and Ahab was cursed for not destroying Benhadad. Let no such curse ever descend upon us!

Anxious as I am, I cannot doubt the result; but I long to make it more sure and inevitable. Among works of art handed down from Antiquity, and regarded with greatest wonder, is that unrivalled marble, where Laocoön with his two sons is sculptured in serpent folds, vainly struggling, and slowly yielding to terrific death. Poetry also has pictured the scene. Thus does our country now writhe in the torturing folds of Slavery, the fearful serpent which came swimming out of the sea and fastened upon the Republic; but, God be praised! the Republic shall live, and the serpent be bruised to death.

“So many enemies as slaves!”[165] Unless this ancient proverb has ceased to be true, there are now four millions of enemies intermingled with the Rebels, toiling in their fields, digging in their camps, and sitting at their firesides, constituting four millions of allies to the National Government. Careful calculation demonstrates, that, out of this number, more than one million are of an age for military service,--that in Virginia alone there are 121,564 male slaves of this important period, in Missouri 21,334, and in Kentucky 51,900. Can we afford to reject this natural alliance, quickened by a common interest, and consecrated by humanity? I call the alliance natural. Let history testify; and here I quote acknowledged authority. In the famous Peloponnesian War, when Greece suffered as we are suffering now, and her own people were arrayed under hostile banners, Greek meeting Greek, slaves often passed over from one side to the other, carrying sometimes oxen and sheep, and always practical knowledge of the country,--on one occasion twenty thousand in number, mostly mechanics: all of which is described by the great historian Thucydides,[166] who records also that the martial Lacedæmonians, in dread of their Helots, most cruelly took the lives of two thousand, selected for energy and character.[167] Thus in other days have slaves played their part, while slave-masters dwelt in fear. Of this trepidation there are abundant illustrations, some farcical. From Aristophanes we learn, that, during the same Peloponnesian War, the Athenians were unwilling to punish their slaves, lest they should desert. This dramatist, in one of his most famous comedies, has a character who, after exclaiming that “the slaves snore as never before,” pours forth his maledictions on the War, because he can no longer apply to them the wonted castigation.[168] The great philosopher of Greece accords with the historian and dramatist. Plato does not hesitate to say that “slaves and masters can never become friends”;[169] and he tells us how frequent are servile insurrections, especially in cities where the slaves speak one language, instancing customary outbreaks of the Messenians, and crowning his statement with the declaration, prompted by the universal human heart, even without experience as a slave, which had been his own lot, that “a man is a difficult possession to hold”:[170] and here our Fugitive Slave Bill with its terrible conditions, and the fugitive slaves of our country with their tragedies, are in harmony with this voice from Antiquity.

There is another motive not to be neglected. Without this alliance insurrection is inevitable, destined to be wild and lawless. This should be prevented. If Liberty does not descend from the tranquil heights of power, it will rise in blood, amidst the confusion of families. And what difference between the two apparitions! One has the face of an angel, radiant with celestial life; the other the front of a demon, “shaking from its horrid hair pestilence and war.” [_Great applause and cheering._] All this was clearly seen by the Emperor of Russia, when, on the 21st of September, 1858, he called upon his people to unite with him in Emancipation, “which,” he nobly declared, “ought to begin _from above_, to the end that it may not come _from below_”; and now this very year twenty millions of Russian serfs are peacefully passing from the house of bondage. Cheered by this great example, forget not that _it began from above_.

There is another practical advantage where the action proceeds from Government. The interest of loyal citizens can be protected. Compensation may relieve the hardships of meritorious classes, or of individual cases; nor can I object. Never should any question of money be allowed to interfere with human freedom. Better an empty treasury than a single slave. A Bridge of Gold would be cheap, if demanded by the retreating Fiend.

Two objects are before us, Union and Peace, each for the sake of the other, and both for the sake of the country; but without Emancipation how can we expect either?

* * * * *

Fellow-citizens, I have spoken frankly; for such is always my habit. Never was there greater need of frankness. Let patriots understand each other and they cannot differ widely. All will unite in whatever is required by the sovereign exigencies of self-defence; which means that all will unite in sustaining the National Government, and driving back the Rebels. But this cannot be by any half-way measure or lukewarm policy. There must be no hesitation. Hearken not to the voice of Slavery, no matter what its tone of persuasion. It is the gigantic Traitor and Parricide,--not for a moment to be trusted. Believe me, its friendship is more deadly than its enmity. [_Sensation._] If you are wise, prudent, economical, conservative, practical, you will strike quick and hard,--strike, too, where the blow will be most felt,--strike at the mainspring of the Rebellion. Strike in the name of the Union, which only in this way can be restored,--in the name of Peace, which is vain without Union,--and in the name of Liberty also, sure to bring both Peace and Union in her glorious train.

As Mr. Sumner closed, the hearty approval of the sentiments
of the speech found utterance in the most enthusiastic and
long-continued demonstrations of applause.

APPENDIX.

Outbursts of the public press, and other exhibitions of
opinion, showed at least that the speech was felt, even where
condemned. Some were bitter, and expressed their bitterness
strongly; others were grateful, rejoicing that at last their
thoughts and desires found utterance. Its reception at the time
was peculiarly part of the speech; so also was its origin, and
the motive which led to it.

THE PRESIDENT AND MR. SUMNER ON EMANCIPATION.

From the beginning Mr. Sumner never doubted that rebellion must
cause the end of Slavery. So he spoke and wrote often during
the previous winter. As the Slave States became more perverse,
he exclaimed, “Slavery will go down in blood!” But this would
be only in the event of war, which seemed inevitable. A day
or two before the bombardment of Fort Sumter, when President
Lincoln mentioned to him confidentially the determination to
provision and hold this fort, repelling force by force, Mr.
Sumner remarked, “Then the War Power will be in motion, and
with it great consequences.” In the solemnity of that moment,
when peace seemed banished, although saddened inexpressibly,
he saw at once the mighty instrument before which Slavery must
fall, and never for one moment afterwards did he doubt the
final result. He would not and could not believe the success of
the Rebels possible; but he saw no way to success on our part,
except through Emancipation. Therefore he awaited anxiously
the moment when this weapon could be employed. Shrinking from
bloodshed, he wished this irresistible ally to close the war.
Vowed against Slavery, he was eager to see it smitten. And
still further, feeling the peril of European intervention, he
longed for a declaration on our part that would make such an
act impossible. In his judgment, our foreign relations depended
much on Emancipation. So that the whole situation at home and
abroad was involved in this question.

At the earliest practicable moment he did not hesitate to press
these considerations upon the President. This was immediately
after the Battle of Bull Run. An earlier incident will explain
what passed on this occasion.

Some time towards the close of the preceding May, while the
National troops were gathered about the capital, and during
an evening drive with the President alone in his carriage,
Mr. Sumner brought up the subject of Slavery, in order to
say that the President was right in his course at that time,
but that he must be ready to strike when the moment came. On
the day of the disaster he was with the President twice, but
made no suggestion then. On the second day thereafter, when
the tidings from all quarters showed that the country was
aroused to intense action, he visited the President expressly
to urge Emancipation. The President received him kindly, and,
when Mr. Sumner said that he had come to make an important
recommendation with regard to the conduct of the war, replied
promptly, that he was occupied with that very question, and
had something new upon it. Mr. Sumner, thinking that he was
anticipated, said, “You are going against Slavery!” “Oh,
no, not that!” he replied, impatiently. “I am sorry,” said
Mr. Sumner, when the President, with increasing impatience,
reminded him of the evening drive in his carriage, and then
retorted: “Did you not then approve my course?” “Certainly,”
said Mr. Sumner, “at that time; but I said also that you must
be ready to strike at Slavery, and now the moment has come. Of
this I have no doubt.” And he proceeded to urge his reasons,
but could not satisfy the President. The interview, which was
late in the evening, did not terminate till midnight.

So completely had Mr. Sumner acted on the idea of waiting for a
moment to strike, that in two different bills introduced by him
before the disaster at Bull Run, one, July 16th, entitled, “For
the confiscation of property of persons in rebellion against
the Constitution and Laws of the United States,” and the
other, July 18th, entitled, “For the punishment of conspiracy
and kindred offences against the United States, and for the
confiscation of the property of the offenders,” there is no
open mention of Slavery. In the first bill there is a provision
for the forfeiture of “the property, real and personal, of
every kind whatsoever, and wheresoever situated within the
limits of the United States, belonging to any person owing
allegiance to the United States, who shall be found in arms
against the United States, or shall give any aid or comfort
to their enemies.” The other bill contains a clause equally
stringent, but general in character. But after that disaster
to our arms, he was satisfied the time had come for a full
exercise of the War Power, and he desired earnestly to have the
President lead the way openly and without reservation.

POLICY OF FORBEARANCE.

Meanwhile the policy of forbearance was continued, giving,
as Mr. Sumner thought, moral strength to the Rebellion, and
postponing success. By General Orders from Head-Quarters at
Washington, July 17th, Slave-Masters obtained new security for
their pretended property, in the following terms.

“Fugitive slaves will under no pretext whatever be
permitted to reside, or in any way be harbored, in
the quarters and camps of the troops serving in this
department. Neither will such slaves be allowed to
accompany troops on the march. Commanders of troops will be
held responsible for a strict observance of the order.”[171]

In harmony with this military order was an opinion of the
Attorney-General, of July 23d, by which the marshals of
Missouri were reminded that the Fugitive Slave Act must be
executed.[172] Then came the correspondence between General
Butler and the War Department. The former, in a letter from
Head-Quarters, Fortress Monroe, July 30th, after speaking of
“the able-bodied negro fit to work in the trenches as property
liable to be used in aid of rebellion, _and so contraband of
war_,” and then with unanswerable force declaring our duty to
fugitive slaves, announced a definite policy as follows.

“In a state of rebellion I would confiscate that which
was used to oppose my arms, and take all that property
which constituted the wealth of that State and furnished
the means by which the war is prosecuted, beside being
the cause of the war; and if, in so doing, it should
be objected that human beings were brought to the free
enjoyment of life, liberty, and the pursuit of happiness,
such objection might not require much consideration.[173]

To this annunciation Mr. Cameron, Secretary of War, replied,
under date of August 8th:--

“It is the desire of the President that all existing rights
in all the States be fully respected and maintained.”

And then, after forbidding troops to interfere “with the
servants of peaceable citizens in house or field,” it was
declared, as if to help the Fugitive Slave Act:--

“Nor will you, except in cases where the public good
may seem to require it, prevent the voluntary return
of any fugitive to the service from which he may have
escaped.”[174]

These various declarations were followed, August 16th, by a
speech of Hon. Caleb B. Smith, Secretary of the Interior, at
a social festival in Providence, R. I., which seemed to give
point to all. This Cabinet officer said:--