A Report of the Debates and Proceedings in the Secret Sessions of the Conference Part 73

Mr. POLK:--The object of the inquiry was this: it has been contended heretofore that, by the law of Mexico, there could be no slavery there; and then there is another law of New Mexico professing to protect the right of property. I have never seen that New Mexican law.

Mr. CRITTENDEN:--I believe I have answered the gentleman as far as my information extends. I have examined that law. It is as strong in favor of the master as the laws of Kentucky or Missouri. I believe it is the law of Mississippi transcribed literally, _verbatim_. That is my understanding. The law is as complete on the subject as the law of any State that I know of.

Mr. MASON:--Mr. President, if the Senator from Kentucky is right, and, in the interpretation of this section, the courts are necessarily to consider the expression, "according to the course of the common law,"

to which slaveholders are referred for the enforcing of the relation of master and slave, as referring only to common law remedies, then I am at no loss to conceive, after our experience of judicial interpretation against slavery, by what sort of artificial and sophistic reasoning those judges of the Federal courts may feel themselves bound to withhold the remedy. Why, sir, are we to shut our ears and our eyes against experience pa.s.sing before us every day? What is the present Const.i.tution? The second section of the fourth article is in these words:

"A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime."

That is the text of the Const.i.tution. What is the interpretation in the free States? In the State of Kentucky an African is property, under their laws and usages, and has been so for two hundred years; for it was so when it was a part of Virginia; and did it ever enter into the mind of man to conceive that this plain text of the Const.i.tution would be resisted, upon the ground that property in man was not acknowledged? And yet it is done. If I am not mistaken, the honorable Senator from New York [Mr. SEWARD], not now in his seat, when Governor of New York, made that very question with the Governor of Virginia; and seeing this, are we to be willingly blind to this as the actual, judicial, and executive interpretation in every thing that affects the question of slavery as it stands in that section, and that, too, while we are seeking equality? Sir, it never entered into the mind of man, at the time this Const.i.tution was formed, to credit that the time could ever come in the relations of these States when a man who fled from the State of Kentucky because he had stolen a negro into the State of Ohio, was screened from the operation of the Const.i.tution, because in Ohio they do not deem a negro to be the subject of property; and yet that is the fact, the very issue now depending between those States; and we are asked to be blind, willingly blind, to all that experience at the very time we are attempting to secure a guarantee for violated rights!

Now, I said, Mr. President, that, if I were to tax my ingenuity, I might find a mode, even if the honorable Senator is right in ascribing to this clause of the section the necessary interpretation that it refers to remedies only. The Senator says the previous part of the section establishes the relation, as he construes it, not directly like the resolution of the honorable Senator which we offer here as an amendment, which establishes directly that there is property in slaves. This does not; but designedly avoids it; not from any improper motive--I do not ascribe that--but it is not only silent, but it avoids the very question. I suppose the honorable Senator is right in saying this language, judicial cognizance, according to the course of the common law, refers only to the remedy. Now, I tax my ingenuity to know how a court, in one of the free States, always leaning, of course, against slavery, would reason out that proposition, whether the remedy could be applied. Suppose an action of trover is brought.

The inquiry would be, what is the remedy? We are told this is the remedy for which you are to apply to the law. A remedy is nothing in the world but a redress for wrong. Before you can apply the remedy, therefore, you must ascertain whether a wrong has been committed for which the remedy is adequate. Well, it comes from one side: the wrong was in taking the negro from the possession of the owner, against the local law of the Territory. The answer would be, "that may be true as far as the local law of the Territory is concerned; but here the Const.i.tution adopts the common law as part of its text, and points the judges to the common law, and it applies the remedy." Now, the remedy is redress of the wrong, and we are bound to see that the wrong is one to which the remedy is applicable. The remedy is to recover property in the possession of one who is not ent.i.tled to it, and the common law, which applies that remedy to that wrong, says there is no wrong inflicted by taking the negro from the possession of his owner. It comes to that. It is suggested to me by the honorable Senator from Vermont [Mr. COLLAMER], that the common law, as a remedy, is one applicable to a common-law wrong. I do not say that the reasoning is just; I do not say that it is juridical; but I say, in our experience, we should be willingly blind if we take that for a security which will only be a snare.

Mr. PUGH:--Mr. President, it is very well known to the Senate that I prefer the proposition of the Senator from Kentucky, as a matter of individual choice, to the proposition which is proposed by the Peace Conference. Nevertheless, that Conference having been authorized, if not by Congress, at all events, so far as my State is concerned, by the act of her Legislature; and an overwhelming majority of the commissioners having agreed to this proposition as it stands, I shall hesitate very much in departing from it, whatever might be my individual opinion; but certainly if I thought the two Senators from Virginia had given it a correct interpretation, I should not agree to it. Now, as to this clause, it, in my judgment, had better have been omitted:

"The same shall be subject to judicial cognizance in the Federal courts, according to the course of the common law."

I suggest that the common law is referred to as fixing a right simply.

The course of the common law is a phrase defined for more than two hundred years, in Latin, in English, and in Norman French. It means the formula of proceeding. I understood the Senator from Virginia [Mr.

MASON] to say that it had been decided in several of the courts that an action of trover could not be brought for a negro slave in England.

I think I am familiar with the case. It is reported in Salkeld's Reports, Lord Raymond's Reports, and in the Modern Reports--the same case reported three times; but the same court which decided that trover would not lie, because trover included the idea of property in the man himself, in the same opinion said that trespa.s.s on the case would lie for the loss of the service; so that it was all a question of pleading, and no question of right at all. It is within my recollection--and I believe the case was brought to the Supreme Court on a writ of error, and can be found in Howard's Reports--that a citizen of Kentucky declared in trespa.s.s on the case for taking away his slaves, and added two counts in trover. What is trover but an action of trespa.s.s on the case? Nothing more; and it never was any thing more. The measure of damages is the same in both actions--the value of the service of the servant; and yet that controversy on mere pleading--which, in nine-tenths of the States of this Union, has ceased to be of any value, because they have a code of procedure, is made a terrific objection here.

Now, sir, I have never read the code of New Mexico, and I do not propose to read it; but it is perfectly understood that that Territorial Legislature, pursuing the privilege, if you call it privilege, conferred by the compromise measures of 1850, has established the relation of master and slave, or master and servant, as perfectly as it is established in any of the fifteen so-called slaveholding States. I do not admire this word "_status_" which we find in the report of the Peace Conference; but as to the meaning of that word, I cannot be in any doubt. It does not refer to any persons in particular; it refers to a legal relation of servitude as between master and servant, and it provides that that relation, or condition, or _status_, shall not be changed; that for all wrongs or controversies arising out of that there shall be a remedy through the Federal judiciary.

I can see why the commission made this distinction. There have been many who have insisted that the Congress of the United States should pa.s.s laws for the protection of the right of the master to the services of his slave in a Territory; but it has always been my opinion, that the worst thing the slaveholding States ever could have would be to have that; for there would be a perpetual controversy here from session to session, and from day to day, whether the law went far enough in giving protection or went too far; and they would be remitting their right to the adjudication of the Senators and Representatives from the non-slaveholding States. Others have insisted, as the propositions of my honorable friend from Kentucky provided, that the relation should be protected by the legislation of the territorial authority. I would rather it were so, individually, if they chose to establish it. The peace commission do not want that.

They evidently do not want to quarrel with the Territorial Legislatures about the measure of legislation; but they declare the right, and then say that this right shall be enforced in the Federal judiciary according to the course of remedies and forms of the common law. I do not see how there can be a doubt; and yet, as I have said, it seems to me that a great deal of it is unnecessary verbiage. I do not mean to debate that; I am not one of the peace commissioners; I am not to select my words to express the idea; but I am here; and my State with other States, having appointed commissioners in view of a crisis like this, as they esteem it, and as I esteem it, and they having agreed upon a great variety of propositions, some of which commend themselves to my judgment and some do not; but taking it altogether as one proposition, I am satisfied that I must either vote for all of it, or let all of it fall. I would rather vote for the proposition of my honorable friend from Kentucky. I said that sixty days ago; and I have said it in season and out of season. I have expressed my views frequently. I think the proposition of the commissioners would be better expressed, though it would come to the same thing, in these words: "in all the territory south of that line, it is hereby declared that no law or regulation shall ever be made or have any effect denying or impairing the right of the inhabitants to the service or labor of such persons as were held in that condition in any State of the Union; and thence taken into the said Territory."

That would have expressed my idea more clearly, yet I am satisfied with this; it amounts to that. Whether the word "_status_" be good Latin or good English, the meaning is very clear.

I believe I admonished the Senate two hours ago that time was very precious; and I shall not detain them myself.

Mr. BAKER:--Mr. President, I mean to vote for the pa.s.sage of these proposed amendments, just as they are, without any change; and I propose to give very briefly a few of the reasons which govern my judgment in that act. I will do it as pointedly as I can, and I will certainly do it very briefly.

In the first place, I feel that I am but submitting to the people of the whole country, amendments which they, and they only, can incorporate in the present Const.i.tution; and I do not believe that, in any state of the case, I can do very wrong in doing that; but when I consider the immediate condition of the country, I feel that I am doing very right. Twenty States a.s.semble in what is called the Peace Convention. They recommend to us, in times of great trial and difficulty, the pa.s.sage of these resolutions. They are eminent men; they are able men; they are--very many of them, at least--great men; they have been selected by the States which they respectively represent, because of their purity of character and ability. The country is in great trouble. Six States have seceded; and I am told by very many men in whom I have great confidence, that their States are to-day trembling in the balance. I believe it. I am told--and upon that subject I have not yet made up my mind--that the adoption of these measures by the people will heal the differences with the Border States. I do not believe that I can do wrong, therefore, in giving the people of the whole Union a chance to determine these questions.

In the beginning, I voted against the propositions of the distinguished Senator from Kentucky. Even then I did not perceive any great harm in submitting any propositions to the people of the United States which circ.u.mstances might appear to render necessary for any good purpose. I refused to vote for them, for two reasons: first, I believed something better might be attained; and second, I did not believe that the people of the States would agree to them. I do not believe that now, and for one simple reason: I think I may consider myself in some respect a representative of the opinion as well as the power of my own people. I am a Republican, a zealous and determined one. I have all my life been of the opinion that Congress ought not to protect slavery, and to extend the dominion of this Government for that purpose or with that possibility. A great many in the North, who are not Republicans, but are what we call DOUGLAS men, have shown, at the last election, under something of trial and sacrifice, that they too, do not believe that the Const.i.tution does or ought to extend slavery. I am not disposed to give up that opinion; I do not believe they are. I was not disposed to give up when six States were in the Union who are now out, as they say; and I am not disposed to give it up yet. Independently of pride of opinion, I do not believe that kind of sacrifice would accomplish any good result.

These are the reasons in brief which induced me to vote with regret against the propositions of the distinguished Senator from Kentucky in the earlier portion of this session. But now, we are within two days of adjournment. Propositions essentially variant in their character to those are submitted here; and I am asked: "Will you, in your representative capacity, submit these to your people for their decision, either to accept or reject?" Now, why not? I need not dwell upon the fact that, while we are a representative, we are at the same time a democratic Government. I will not shut my eyes to the fact that twenty States appeal to us; I will not shut my eyes to the fact that there is imminent danger of permanent dissolution; I will not shut my eyes to the fact that, though the Republican party is in a const.i.tutional majority, it is not yet, and it never has been, in an actual majority; and I do not believe that it is possible for one-third of the people to coerce the opinion of two-thirds.

Mr. WILKINSON:--I wish to ask the gentleman a question.

Mr. BAKER:--Do, sir.

Mr. WILKINSON:--I understand him as saying that the whole of the twenty States which were a.s.sembled in this Peace Convention agreed to this proposition.

Mr. BAKER:--My distinguished friend was writing, instead of listening, when he understood that. I did not mean to say that, and I did not.

Mr. WILKINSON:--I understood the Senator to say that twenty States appealed to us.

Mr. BAKER:--Yes, sir; just as I say that the Government appeals to another Government, I do not say every individual in it; just as I say that Congress appeals to another Government, not every individual member of Congress; but I do say, in the words of the proposition before us, that "they," the Peace Convention, composed of the States recited, "have approved what is herewith submitted, and respectfully request that your honorable body will submit it to conventions in the States, as article thirteen of the amendments to the Const.i.tution of the United States." That is all I said, or, at least, it is all I meant to say.

Now, sir, suppose every argument that the distinguished Senators from Virginia have brought to bear on this proposition was true: what then?

Is that any reason why it should not be submitted to the people?

Suppose they do not approve of it: what then? It is their business, not ours. Suppose they should: it is a measure of peace, of security, of union. Sir, I know, as you do, many of the members of that Convention. I have acted with them as Whigs in old times, and I wish they could come back. I know they have proved in old times, as they will prove again, that they love this Union to the very depth and core of their hearts. I do not propose to give them up; I do not propose to weaken them; I do admire, with my whole heart, the sacrifice of opinion which they make, and which is typified by the n.o.ble expression of the distinguished Senator from Kentucky to-day. Party or no party, North or no North, I, at least, will meet him half way. My State is very far distant. She had no members in that Convention. I do not know whether she will approve this measure; but I know it will neither hurt that State nor me to give her a chance to determine. I know very well that the Senators from Virginia do not approve it. That is the very reason I do. [Laughter.] If I was sure they would not think me guilty of disrespect, I would remind them of what was said by a distinguished man in old times. Phocion, in the last days of his Republic--and I hope in that respect, at least, there will be no parallel--Phocion was once making a speech to the Athenian people, and something he said excited very great applause. He turned around to gentlemen, friends near him, and said: "What foolish thing have I been saying, that these people praise me?" Sir, if Virginia, represented as she is to-day--not as I believe she really is--but if Virginia, represented as she is here to-day, and as she has been during this session, were to approve these propositions, I should doubt them very much indeed.

I was surprised, however, to hear some things that the distinguished Senator from Virginia--I do not know whether to call him junior or senior--said. I do not mean the Senator who spoke last. He [Mr.

HUNTER] says that this proposition here is worse than the old Const.i.tution. If that be really so, what in the world has he been complaining of so bitterly? He tells us, now, that under the old Const.i.tution slavery was secure. Then, why do you grumble? He considers it as secure, not only wherever it is, but wherever it can go--nay, more than that; wherever the Stars and Stripes of the American Republic can float. I have been telling my people that, as a Republican, for a long while, and complaining of the Dred Scott decision; but he says slavery is secured. All the complaint that the other Senator from Virginia [Mr. MASON] makes, is against the decision of the courts in the free States we have been in the habit of making, which he insists are against the decision of the Supreme Court, const.i.tuted other than we wished it was. We have been in the habit of believing that one of the great evils we complained of was under the old Const.i.tution, and that a new construction was given to it, alien to the intention, wish, construction, of our fathers; and we have complained that the Supreme Court was so const.i.tuted that it could not be reversed. We complained, as partisans, that now this Senate and the other House were so composed that we had no power in the Government, save through the President. Now, the Senator from Virginia indorses the whole of it, and says they were very well off, and did beautifully. Then why dissolve; why threaten; why make a Peace Conference necessary?

Mr. President, let us be just to these propositions. As a Republican, I give up something when I vote for them; but remember, sir, I am not voting for them now; I am only voting to submit them to my people; and I shall go before them, when the time comes, being governed in my opinion and advice as to whether they shall vote for them or not, as I see that Virginia, Tennessee, Kentucky, North Carolina, and Missouri, by their people, desire. To be frank, sir; if this proposition will suit the Border States, if there will be peace and union, and loyalty and brotherhood, with this, I will vote for it at the polls with all my heart and with all my soul; but if I see that the counsels of the Senators from Virginia shall prevail; if my n.o.ble friend from Tennessee [Mr. JOHNSON] shall be overwhelmed; if secession shall still grow in the public mind there; if they are determined, upon artificial causes of complaint, as I believe, still to unite their fate, their destiny, and their hope, with the extremest South, then, perceiving them to be of no avail, I shall refuse them. Therefore, at the polls at last, I shall be governed as an individual citizen by my conviction at the moment of what the ultimate result of these propositions will be; but I am not voting for that to-day. I am saying: "People of the United States, I submit it to you; twenty States demand it; the peace of the country requires it; there is dissolution in the very atmosphere; States have gone off; others threaten; the Queen of England upon her throne declares to the whole world her sympathy with our unfortunate condition; foreign Governments denote that there is danger to-day that the greatest Confederation the world has ever seen is to be parted in pieces, never to be reunited."

Now, not what I wish, not what I want, not what I would have, but all that I can get, is before me. I know that I do no harm. If the people of Oregon do not like it, they can easily reject it. If the people of Pennsylvania will not have it, they can easily throw it aside. If they do not believe there is danger of dissolution, if they prefer dissolution, if they think they can compel fifteen States to remain in or come back, or if they believe they will not go out, let them reject it. I repeat again, it is their business, it is not mine.

But, sir, whether I vote for it at the polls or not, in voting for it here it may be said that I give up some of my principles. Mr.

President, we sometimes mistake our opinions for our principles. I am appealed to often; it is said to me: "You believed in the Chicago platform." Suppose I did. "Well, this varies from the Chicago platform." Suppose it does. I stand to-day, as I believe, in the presence of greater events than those which attend the making of a President. I stand, as I believe, at least, in the presence of peace and war; and if it were true that I did violate the Chicago platform, the Chicago platform is not a Const.i.tution of the United States to me.

If events, if circ.u.mstances change, I will violate it, appealing to my conscience, to my country, and to my G.o.d, to justify me according to the motive. [Applause in the galleries.]

The PRESIDING OFFICER (Mr. FOSTER in the chair). Order will be preserved in the galleries, or they will be cleared.

Mr. BAKER:--Again, sir, let us see how, as a Republican, I give up any thing. First, suppose I did: I would give up a great deal to preserve a great Government; I would give up a great deal to be able to shake hands with Kentucky and Tennessee as friends for the rest of my life, as I have in all that has gone before. I would not be ashamed to give up. I would not at least be giving up to traitorous secession, such as Louisiana, Mississippi, and South Carolina are guilty of to-day; but I would be giving up to loyal and affectionate brethren, who implore me for the love of a common Union to do something to satisfy the doubts and fears of their people. I can stand that; I will do it.

Again, sir; how much do I give up? I have said, as a Republican, that Congress has the power to prohibit slavery in all the Territories of the United States. I believe it to-day. Talking about giving up, there are a good many other people that give up something here. Gentlemen on the other side, who have been contending that Congress had no power whatever to prohibit slavery, acknowledge that they were mistaken; at any rate they go for it; they do prohibit it by law, by the Const.i.tution itself. Therefore I am not the only one that gives up.

Again: I believe it is wrong, politically wrong--I am not now discussing the social and moral question--but I believe it to be politically very wrong to establish slavery in the name of freedom.

Sir, twelve years ago or more, it was my fortune, perhaps, to wander in a foreign land beneath the Stars and Stripes of my country. I went there, as I think, impelled by motives of patriotism, perhaps having mingled with them not a little desire of adventure, love of change, and that feverish excitement for which we people of this country are always and everywhere remarkable; but I believe, if I know myself, that I did suppose I was doing something to repay the country for much that she had done for me. Sir, often and again, wandering sometimes beneath

"Where Orizaba's purpled summit shone,"

sometimes by the dark pestilential river that marks the boundary between the two countries, often and often have I wondered to myself whether I was wandering and suffering there to spread slavery over an unwilling people. I am not sorry to see that now that is rendered impossible. I am not sorry to see that it is impossible, first, in the course of events; but if it were not so, I know, if these propositions shall pa.s.s, that the foul blot of slavery never will be extended over one foot of territory to be stolen or conquered by the people of the United States.

But I am asked, "What do you say about New Mexico?" I will tell you in twenty words. I am an older Republican than many of those I see around me, who vote to-day differently from me; not a better but an older. I voted in 1850, on the floor of the other House, against the compromise measures of that year. I did so, among other reasons, because I was not willing that Utah and New Mexico should become slave or free according to the wishes of their people, believing as I did then (I have changed my opinion in some respects since), that that was not best for the whole country. Contrary to my wishes, those compromise measures prevailed. New Mexico is nominally now, I believe, a slave Territory; that is, to use the words of the distinguished Senator from New York [Mr. SEWARD], there are some twenty slaves in the whole Territory. There they may, they probably will, remain. I submit to my people a proposition, that if they approve it as a compromise, as a concession, for peace for the Union, as it happens that that little Territory includes all that possibly can be slave territory, they will let it alone till the people are able and willing to make their own State const.i.tution. That is all. Do I state it fairly? Does it go beyond that?

First, I contend that I give up but little. I give it up, as I understand, for purposes of freedom; and the distinguished Senators from Virginia agree with me. They say, in substance, that I am getting a great deal more than I give; and I confess, taking that view of the subject, at least in part, I wonder that a good many more of my Republican friends do not go with me.

Again: it is said on the Republican side that we protect slavery. In one sense we do, and in another sense we do not. In the offensive idea to me and to you of protecting slavery, I do no such thing, and I would die first. When the resolutions of the Senator from Kentucky were up the other day, I voted for the amendment of the other Senator from Kentucky [Mr. POWELL], in order to make them clear, to show what I was voting against. I was unwilling that territory hereafter to be acquired should be rendered slave territory; and I put that proposition distinctly in it, in order that when I voted against them, it might be seen why and how I did it. As I have said, this proposition renders that impossible. First, it refers only to the territory we now possess; that is, New Mexico alone. As to the territory north of 36 30', I need not speak. We know that G.o.d Almighty has registered a decree in Heaven that that shall never be slave. We, on our part, want no WILMOT proviso there; we all agree that we are willing to let it alone. South, there is but the barren Territory of New Mexico. Beyond that, who knows? If we are to acquire it, we are to acquire it by this proposition, by the a.s.sent of a majority of the States of both sections and two-thirds of the whole; and I do not know a man living who believes that with that proposition incorporated in the Const.i.tution, slavery is probable, or even possible.

Therefore, Mr. President, I agree that in the compromise I, as a Republican, do give up to that extent, and no more, what I have said; but doing that, I believe that I consecrate all the territory between here and Cape Horn to freedom, with all its blessings, forever and forever.

So far, sir, as the discussion as to the meaning of this phrase about the common law is concerned, I do not care to indulge in it, and for this simple reason: first, according to the legal view of the Senator from Ohio, everybody knows that this expression, "the course of the common law," means the duly established forms of procedure known to the courts; that is all. In the next place, I am not afraid of the common law. I have been reared under it. With all its imperfections, and they are many, I love it. While it may be an objection to Virginia to quote it, to me it is full of guardians.h.i.+p and blessing. I do not stop to talk about the Somerset case, nor the decision in Salkeld, nor the Modern Reports. It is enough for me that I know, taking the whole proposition together, that slavery is impossible beyond where it now is, and, as a Republican, I can justify myself to my conscience in giving that vote.

Mr. President, I add very few more words. I should have been excessively pleased, as a partisan and a man, if the inauguration of Mr. LINCOLN could be one at which all the States would attend with the old good feeling, and with the old good humor. I have seen six States separate themselves, as they say, from us, and form a new confederacy, with great pain and greater surprise. I cannot shut my eyes, if I would, to the existing state of things. I listen to the warning of my friend from Kentucky. I listen to the warning of my friend from Tennessee. I have been in both States. I know something of their people. I believe that there, even there, the Union is in danger; and I believe if we break up here without some attempt to reconcile them to us, and us to them, many of the predictions of friends and foes as to the danger will be accomplished. I said, in the earlier part of the session--I repeat it--I would yield nothing to secession. When the Representatives from South Carolina and Mississippi and Alabama and Louisiana came here invoking war, telling us that if we did not yield to them they would secede, they would confederate with foreign Governments, they would break this Union, they would hold us as aliens and strangers and enemies, I believed then, as I believe now, that that was too dear a price to pay even for Union and peace; but to-day the case is altered. Virginia, Kentucky, Tennessee, reiterate their love for the Union. They tell us in unmistakable terms that they desire to remain; and in every county, nay, in every towns.h.i.+p of those States, we have staunch and true and ardent friends who would be willing to seal their devotion to this Union with their blood. It is they to whose appeal I would listen. It is from them that I would take counsel and advice; and when they tell me, "pa.s.s these resolutions; they are resolutions of peace; submit them to your people; listen to what ours say in reply; if it appears to you at the polls that these resolutions will produce peace, restore union, create or renew fraternal, kindly feeling, pa.s.s them; let us settle this question, and be one people," I agree; with all my heart, I will do it.

Now, as I close, let me ask what evil; who will be hurt? Suppose, when I get home, I find that the Senators from Virginia are on the stump and they are convincing their people that they are a great deal worse off; the more they convince Virginia that she is worse off, the more Pennsylvania and New York will be convinced that they are better off; and every argument they make against it in Virginia will have a twofold weight North and West. I could not make half as good a speech in favor of these propositions of Union, even in Oregon, or California, or Illinois--I speak of the States I know best--as I should make if I were to read their objections to these propositions.

But suppose--which I do not think possible--they could succeed, not only in Virginia (which I do not believe), but in Kentucky and Tennessee; suppose they were to swear, by the throne of G.o.d, they would not take them, but would dissolve and go off whether we pa.s.sed them or not: we could very easily refuse to vote for them and be in as good a condition as we are to-day, and, in the mean time, next Monday, Mr. LINCOLN will be inaugurated. I desire to see around him thronging, nay forming the procession, every augury of hope and peace.

I expect to hear from his lips words of manly trust and confidence in the Union, and of concession, kindness to all its const.i.tuent parts. I have hoped that, in response to what he shall say, I shall hear from every part of what is now acknowledged everywhere yet as our Confederacy, a perpetual hymn of hope and praise rising from all parts of the Union; and, above all things else, I have hope and trust in time and patience. Therefore it is that I shall do no harm.

I know that there are very excited feelings upon this subject North and South. I understand that Ma.s.sachusetts, an honored State--let me say, to qualify what I am going to say, first, that I believe that Ma.s.sachusetts is the pattern of a community in the world; as well represented here as any State can be; representing herself better than anybody else can do it for her--I know that there are excited feelings in Ma.s.sachusetts, and I think she has good cause. The act that more than any other else, perhaps, leads to this proposition of a Peace Convention--that "Congress shall provide by law for securing to the citizens of each State the privileges and immunities of citizens in the several States"--was an act which I abhorred and condemned from the beginning, and which I am not sorry to perceive that Ma.s.sachusetts remembers now. Many gentlemen on the floor know to what I allude. On the other hand, South Carolina and Louisiana are ferocious for disunion; and I am afraid that their young men do want war. There is not excitement enough on the plantation and the farm, and in the streets of the towns; but they really want contest, excitement, and bloodshed. What they want I do not; I am trying to keep from it. I do not apprehend, therefore, that the sentiments which I have expressed here to-day will meet the approbation of the extreme men upon either side. I have no doubt my republicanism may be doubted.

I think I can see in the look of my friend on my left now [Mr. KING]

that he has various convictions that I am very far from being sound in the faith. [Laughter.] Sir, it may be. I come from the midst of a people not directly concerned in this controversy; a population about half northern, half southern. We have intermarried together. Our interests, our fears, our hopes, our recollections, are mingled North and South; and I believe I am expressing their opinions--which perhaps form my own--when I say that I can see no possible harm to anybody anywhere in submitting these propositions to the people, who are, and ought to be, sovereign.