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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/35662-8.txt b/35662-8.txt new file mode 100644 index 0000000..eefa730 --- /dev/null +++ b/35662-8.txt @@ -0,0 +1,1150 @@ +The Project Gutenberg EBook of The Slavery Question, by John M. Landrum + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Slavery Question + Speech of Hon. John M. Landrum, of La., Delivered in the + House of Representatives, April 27, 1860 + +Author: John M. Landrum + +Release Date: March 23, 2011 [EBook #35662] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE SLAVERY QUESTION *** + + + + +Produced by Bryan Ness and the Online Distributed +Proofreading Team at https://www.pgdp.net (This file was +produced from images generously made available by The +Internet Archive.) + + + + + + + + + +THE SLAVERY QUESTION. + +SPEECH OF HON. JOHN M. LANDRUM, OF LA., DELIVERED IN THE HOUSE OF +REPRESENTATIVES, APRIL 27, 1860. + + +The House being in the Committee of the Whole on the state of the Union-- + +Mr. LANDRUM said: + +Mr. CHAIRMAN: That we are now threatened with great and alarming evils, no +one who will take a calm and unprejudiced survey of the condition of the +country can for a moment doubt. In the formation of this Government there +existed a spirit of harmony and concession from the citizens of each State +in this Union towards the citizens of every other State; and this spirit +was so plainly exhibited in the convention which framed the Constitution +of the United States--that it was so adjusted, so adapted to the wants of +all the States entering into the Confederacy--that it received the almost +unanimous support of the Convention. Harmony and concord and good feeling +reigned throughout the whole Confederacy. The citizen of South Carolina +rejoiced in the prosperity and commended the virtues of the citizen of +Massachusetts; and the citizen of Massachusetts responded to the feeling +of the citizen of South Carolina. That was the feeling which pervaded the +citizens of this common country when the Constitution was formed; and that +was the spirit which pervaded it for the thirty years afterwards during +which the Government was administered by the fathers of the Republic. + +But now, Mr. Chairman, what state of things does this country exhibit? A +people discordant; a great sectional party formed, and the whole history +of the country ransacked in a search for subjects of denunciation on the +part of citizens of one portion of the Confederacy against citizens of the +other. + +In that convention which framed the Constitution, which is the basis of +our Government, slave States were admitted without objection. Concessions +were made to slave States on every point that they demanded, and which +they deemed essential to the preservation and protection of their rights +in this Union. Ay, there was no objection then to the admission of a State +into the Union because she permitted slavery. So far from that, the +Constitution abounds with express provisions for the protection of their +property, and for the security of their rights. It was not objected to a +free State that she should form a member of the Confederacy because she +did not tolerate slavery. But the patriotic founders of the Republic +looked to the interests of the whole country, and sacrificed prejudices +whenever sacrifices were necessary, "_in order to form a more perfect +union_." + +Contrast that state of feeling and that state of facts with the condition +in which we now see the country. Mutual denunciation is the business even +of the Representatives of the people on the floor of this Hall. Members of +Congress recommend the circulation of books calculated to sap and +undermine the foundations on which the whole fabric of wealth, of +respectability, and of civilization, of one-half the Union is based. We +meet here, not to strengthen the bonds that bind us together in the Union, +but to weaken them, as far as human ingenuity can do so. To such a point +has this state of things culminated, that the people of State after State +in the Southern portion of the Confederacy have met in convention and +declared their belief that there is a probability that the time is rapidly +approaching when they "_must provide new guards for their future +security_." The State which I have the honor in part to represent has made +that declaration. And it is charged here on the floor of this Hall, by +almost every member of the Republican party who has addressed this +committee on the subject of the state of the Union, that it is the +Democratic party which is responsible for this condition of things; that +the Democratic party have departed from the lessons of wisdom taught us by +the example of our forefathers, and have thus precipitated on the country +all these evils, by the manner in which they have treated the slavery +question. + +It shall be my purpose, Mr. Chairman, in the short time allotted to me, to +endeavor to vindicate from the charge that party of which I am an humble +member. The district which I represent, and the State in which that +district is situated, are Democratic by an overwhelming majority; and I +assert here, and am prepared to prove incontestibly, that the Democratic +party are not the authors of the mischief under which the country labors. +I am prepared to prove that they have not departed from the lessons of +wisdom inculcated by the example of the founders of the Republic. I will +show, if history does not lie, that it is the Republican party, the +anti-slavery party, that is the cause of all the evils with which the +country is afflicted; and it is they, and not the Democratic party, who +have abandoned the legislative precedents and examples of our fathers. + +Why, sir, how are we responsible for the slavery agitation that has +produced all the evils and mischief which afflict the country? + +How is the Democratic party responsible for that excitement, and for the +difference of opinion which pervades the Republic on that subject, +threatening a dissolution of the Union? Why, we are responsible for it +because we do not join the Republican party to exclude slavery from the +Territories? We are responsible for it because we do not oppose the +admission of a State into the Union when her constitution tolerates +slavery. We are responsible for it because we do not join in the +declaration that all men are created free and equal, and apply that +doctrine to the African slaves of the South; because we do not declare +that those slaves are equal to us, and therefore of right free. + +We are required by the Republican party to unite with them in advocating +that doctrine, and to declare besides that slavery and polygamy are twin +relics of barbarism. If we join them in all these declarations of +principle; if we join them in advocating these measures, then, of course, +the country will be quiet. But, sir, who is responsible for the agitation? +Is it not the party that calls for legislation? Has the Democratic party +ever asked the national Legislature to establish slavery in her Territory? +No, sir; but the Republican party comes into this Hall and demands that +the power of the Government should be interposed to exclude slavery from +the Territories. Because we do not agree with them; because we do not +think as they do; and because we do not vote as they do; because we do not +acquiesce in these propositions, why, then we are responsible for this +agitation, and they are not! They ask us to adopt the maxim that no more +slave States shall be admitted into the Union, and because we do not agree +with them on that subject, we are the agitators, and they are not. + +Mr. Chairman, from what source do we learn this new doctrine? Do we find +it in the legislation of our forefathers? Are there any restrictions in +the Constitution of the United States on the subject, or any grant of +power to prohibit slavery in a Territory when that Territory is organized? +Is there anything in the Constitution of the United States to justify +it--and I appeal to that as the very first example of our forefathers in +the administration of this Government--is there anything in that +instrument which authorizes you to say that a State shall not be admitted +into the Union because its constitution tolerates slavery? + +I differ from gentlemen upon the Republican side of the House as to the +manner in which I would learn a lesson front the example of our +forefathers. I would not search for it in their private declarations. I +would search for their legislative record. We are legislators, and for our +legislation we want legislative precedents. I care not whether the +opinions of the founders of the Republic were for slavery or against it, +if the legislation of which they were the authors corresponded with the +views I entertain. What judge of any court, what lawyer who wished to +ascertain the true doctrine of a case, would search for the private +opinions of the judge when the reports bristled with adjudicated cases +from which he could learn the true doctrine which he had expressed under +oath and in the discharge of his duties? When you search for the opinions +of our ancestors to guide us as legislators, look at their conduct as +legislators, and not their private opinions. Every lawyer, every sensible +man, every rational man, knows that that is the true test of the opinions +of our ancestors upon a given subject. When they legislate under oath; +when they legislate for the good of the whole country, they lay aside +their private opinions and their peculiar prejudices. + +Now, sir, what do we find in the Constitution of the United States which +inculcates the doctrine that slavery must not be extended into the +Territories? I call the attention of gentlemen to the first clause of +section nine, article one of the Constitution: + +"The migration or importation of such persons as any of the States now +existing shall think proper to admit, shall not be prohibited by the +Congress prior to the year 1808, but a tax or duty may be imposed upon +such importation, not exceeding ten dollars for each person." + +In order, Mr. Chairman, that there may be no mistake about the meaning of +that clause of the Constitution, I send to the Clerk's desk, to be read, +an extract from Elliott's Debates. + +The Clerk read from Elliott's Debates, (Yate's Minutes,) pages 35 and 36, +as follows: + +"By the ninth section of this article, the importation of such persons as +any of the States now existing shall think proper to admit, shall not be +prohibited prior to the year 1808, but a duty may be imposed on such +importation not exceeding ten dollars for each person. + +"The design of this clause is to prevent the General Government from +prohibiting the importation of slaves, but the same reasons which caused +them to strike out the word 'national,' and not admit the word 'stamps,' +influenced them here to guard against the word '_slaves_.' They anxiously +sought to avoid the admission of expressions which might be odious in the +ears of Americans, although they were willing to admit into their system +those things which the expressions signified: and hence it is that the +clause is so worded, as really to authorize the General Government to +impose a duty of ten dollars on every foreigner who comes into a State to +become a citizen, whether he comes absolutely free, or qualifiedly so as a +servant, although this is contrary to the design of the framers, and the +duty was only made to extend to the importation of slaves. + +"This clause was the subject of a great diversity of sentiment in the +convention; as the system was reported by the Committee of Detail, the +provision was general, that such importation should not be prohibited, +without confining it to any particular period. This was rejected by eight +States; Georgia, South Carolina, and I think North Carolina, voting for +it. + +"We were then told by the delegates of the two first of those States, that +their States would never agree to a system which put it in the power of +the General Government to prevent the importation of slaves, and that +they, as delegates from those States, must withhold their assent from such +a system. + +"A committee of one member from each State was chosen by ballot to take +this part of the system under their consideration, and to endeavor to +agree upon some report which should reconcile those States; to this +committee also was referred the following proposition, which had been +reported by the Committee of Detail, namely: 'No navigation act shall be +passed without the assent of two-thirds of the members present in each +House;' a proposition which the staple and commercial States were +solicitous to retain, lest their commerce should be placed too much under +the power of the eastern States, but which these last States were as +anxious to reject. This committee, of which also I had the honor to be a +member, met and took under their consideration the subjects committed to +them. I found the _eastern_ States, notwithstanding their _aversion to +slavery_, were very willing to indulge the southern States at least with +temporary liberty to prosecute the _slave trade_, provided the southern +States would in their turn gratify them, by laying no restriction on +navigation acts, and after a very little time, the committee, by a great +majority, agreed on a report, by which the General Government was to be +prohibited from preventing the importation of slaves for a limited time, +and the restrictive clause relative to navigation acts was to be omitted." + +Mr. LANDRUM. Now, Mr. Chairman, we are asked to legislate to exclude +slavery from the Territories, because slavery is a moral wrong, because it +is a sin against God, and because it is a crime against humanity. And we +are invoked to adopt that legislation by the example of our forefathers. + +Now, what precedent do they furnish us in this clause of the Constitution? +The Constitution of the United States did make regulations in regard to +the slavery question. One of those regulations was to permit the African +slave trade until the year 1808. Now, sir, was there anything so morally +wrong in the African slave trade; was it any such crime against humanity +as to deter the ancestors of those gentlemen from coming into a Union +which permitted the African slave trade? Why, sir, Massachusetts, +Connecticut, and New Hampshire, voted to extend the limitation against the +prohibition of that traffic from 1800 to 1808. Does the honorable chairman +of this committee (Mr. BUFFINGTON) blush for his ancestors because they +knew so little of the primary truths of common morality, as expounded by +the gentleman from Connecticut, (Mr. FERRY,) in the commencement of this +debate, soon after the organization of this House, in voting such a +provision as that? + +The State of Massachusetts was a sovereign State before she entered into +this Confederacy, unabridged by any limitation. She could have prevented +her citizens then, as the United States does now, from participating in +the slave trade even between foreign ports in foreign nations; and yet +your ancestors not only voted with South Carolina and Georgia, who refused +to come into the Union unless the African slave trade was permitted so +long as they desired it, but in coming into that Union, it gave to the +citizens of Massachusetts, too, a like authority to engage in that trade. + +What a sin against God, what a crime against humanity, did these +Massachusetts legislators vote to perpetuate! And yet, I imagine, the +honorable Chairman is proud of his ancestors; and we are told now that +because we will not join you in the hue-and-cry against slavery, and do +not legislate to exclude slavery from the Territories, we are the authors +of the evils with which the country is afflicted. You are not satisfied +with our silence, our inaction; you say that we want to perpetuate a crime +against humanity, and have departed from the lesson of wisdom inculcated +by our ancestors. + +Sir, I believe in the teachings of the ancient patriots. I take their +precedents, and although not _now_ in favor of the reopening of the +African slave trade, because it is inexpedient, (though, as I do not +consider the question before the country, I confess I have not studied +it,) yet I venerate those legislators who sacrificed their prejudices in +order that they might get South Carolina and Georgia into the Union, who +refused to come in without it. + +The gentleman from Connecticut, who first opened this debate, and who, I +believe, is not now in his seat, remarked in his speech, that evil, +disguised in whatever form it might be, would only produce evil; and +therefore you must first lay down a moral code, and no matter what results +it apparently leads you to, you must never violate it. Sir, his ancestors +told a different tale. They said, in admitting South Carolina and Georgia +into the Union, that, although they objected to the slave trade, more good +would be accomplished than by prohibiting the slave trade and losing those +two States. + +That is the policy which guided our ancestors; and now, what do we ask? +What does the Democratic party ask? Do we ask this Government to legislate +slavery into the Territories? We have never made any such demand. We have +never _yet_ asked anything of this Government but to let it alone. And I +assure you, that New Hampshire, Massachusetts, and Connecticut, voted to +perpetuate the slave trade, and to give her citizens the right to engage +in it from 1800 to 1808, by that clause in the Constitution which gives +the citizens of each State the rights of the citizens of every other +State. She relinquished the power which they had to forbid her own +citizens from participating in the slave trade, and opened the door to +them. That is what your ancestors did in the Constitution under which this +Government was formed, and which is the basis of all its legislation. And +yet, you can give no legislative encouragement to slavery; you must +exclude it wherever you have the power to exclude it, not as a matter of +policy--at least that is not the ground upon which you base your +action--but because it is a moral wrong, and a crime against humanity. + +But is that all the legislation in the Constitution about slavery? Why, +sir, they inserted a clause in the Constitution authorizing the recapture +of fugitive slaves when they entered the sovereign territory of these New +England States which have now such an aborrence of the doctrine. As the +meaning of that clause has been a subject of dispute, I ask the Clerk to +read a short extract from the debates in the Virginia convention which +adopted the Constitution, in which Mr. Madison explained the meaning of +it. I hope I shall be able to show that we have some first-rate +pro-slavery legislation in the Constitution before I get through with this +argument. + +The Clerk read, as follows: + +"At present, if any slave elopes to any of those States where slaves are +free, he becomes emancipated by their laws. For the laws of the States are +uncharitable to one another in this respect. But in this Constitution, 'no +person held to service or labor in one State, under the laws thereof, +escaping into another, shall, in consequence of any law or regulation +therein, be discharged from such service or labor; but shall be delivered +up on claim of the party to whom such service or labor may be due.' This +clause was expressly inserted to enable owners of slaves to reclaim them. +This is a better security than any that now exists. No power is given to +the General Government to interpose with respect to the property in slaves +now held by the States. The taxation of this State being equal only to its +representation, such a tax cannot be laid as he supposes. They cannot +prevent the importation of slaves for twenty years; but after that period +they can. The gentlemen from South Carolina and Georgia argued in this +manner: 'We have now liberty to import this species of property, and much +of the property now possessed has been purchased or otherwise acquired in +contemplation of improving it by the assistance of imported slaves. What +would be the consequence of hindering us from it? The slaves of Virginia +would rise in value, and we would be obliged to go to your markets.' I +need not expatiate on this subject. Great as the evil is, a dismemberment +of the Union would be worse. If those States should disunite from the +other States, for not including them in the temporary continuance of this +traffic, they might solicit and obtain aid from foreign Powers." + +Mr. LANDRUM. Yes, Mr. Chairman, those were the motives that influenced the +framers of the Constitution. The several States of New England which, +according to the testimony of Mr. Madison, had up to that time refused to +deliver up fugitive slaves, voluntarily renounced the right of prohibiting +it, and voted that the slave-catcher should have authority to enter +therein, and carry back his slave to bondage. Do I want any better +pro-slavery men than these? Where, sir, was this notion of "a sin against +God and a crime against humanity" when they voted for that clause? + +I will again refer to the remark of the gentleman from Connecticut, which +I know he will not apply to his ancestors in Connecticut who voted for +this pro-slavery provision--that "evil, disguised under whatever form it +may be, can be productive only of evil." He would not denounce his +ancestors as hypocrites because they left out of the Constitution the +weird "slave;" for Mr. Roger Sherman says that the expression was +objectionable "to ears polite," I suppose. Mr. Madison and Mr. Yates tell +us what they meant by the description "held to service or labor." I know +the gentleman would not say that his ancestors were disguising in a +particular name an evil, and thereby adopting it. + +No, sir; slavery was a good thing; but it had a bad name, according to the +polite phraseology of the day, and, knowing that "a rose by any other name +would smell as sweet," they changed the term "slave" to that of a "person +held to service or labor." + +But, sir, in regard to this African slave trade provision, it was esteemed +so important that, although provision was made for an amendment to the +Constitution, applying to almost everything else within its compass, +except, I believe, to the clause, that no State should be deprived of her +equal representation in the Senate without her consent, this precious +article of the slave trade clause was not to be interfered with, under any +circumstances, prior to the year 1808. + +I think, Mr. Chairman, I have disposed of the religious argument, the +moral argument, the conscience argument against slavery, derived from the +lessons taught by the example of our forefathers. Do not tell me any more +that Mr. Madison thought slavery was an evil; because these thoughts +controlled not the action of his public position. Do not tell me that +Washington and Jefferson were opposed to slavery abstractly, after that; +because we find even New England men, with all their prejudices, as good +pro-slavery men as South Carolina and Georgia wanted--for they were the +only States that made a question on this African slave trade. Whatever +future congressional protection to property may become necessary, all that +we have ever _yet_ asked, Mr. Chairman, is that Congress shall not +legislate at all on the question of slavery in the Territories. But your +patriotic forefathers did legislate. They legislated to protect the +African slave trade. They gave permission to the citizens of Massachusetts +to enter into the slave trade along with the citizens of South Carolina +and Georgia, and they gave us a fugitive slave law. That is the sort of +legislation which they gave us in the Constitution, which is the basis of +the Government under which we live. + +There are other clauses in the Constitution, sir, which show that this +matter of slavery was not neglected. In the apportionment of direct +taxation and representation, it was stipulated that three-fifths of the +slaves should be represented on this floor. They were noticed, and noticed +as a degraded class, as unequal to free men; because, if they had been +considered equal to free men we would have been entitled to full +representation for them on this floor. But, sir, they were treated as a +degraded class--as a class unequal to free men. Their masters were given a +representation in this House in proportion to three-fifths of their +numbers, and the direct taxation was to be assessed at the same ratio on +the slave States. Now, I allude to this subject, not to show boastingly, +as it has been said on this floor, that we have a slave representation +here. In that very provision of the Constitution the people of the +northern States derived all the advantage--the people of the southern +States all the loss; for no money, scarcely, has ever been raised by +direct taxation. The money for the support of the Government is collected +in an entirely different manner. If taxes were assessed on that principle, +by a system of direct taxation, we would have derived some benefit from +the three-fifth provision; but, as it is, you derive all the advantage, +and we none of it. + +The principle which governed the convention in inserting that provision +was the belief that this was the proportion in which the labor of the +slave contributed to the wealth of the country, comparatively to that of +the free man; and as, according to the political doctrines of that day, +taxation and representation went hand in hand, and as a slave produced +only three-fifths as much annual income as a free man, their masters were +only entitled to that much representation. So it is in the electoral +college. There the slaves are enumerated in the same proportion, and their +masters are deprived of a voice to that extent. + +In that connection I want to have read the opinions of a venerable +gentleman, whose authority will not be disputed upon this floor by the +Republican party--the opinions of Mr. John Adams. The Clerk will read from +the Madison Papers, page 29. + +The Clerk read, as follows: + +"Mr. John Adams observed, that the numbers of people were taken by this +article as an index of the wealth of the State, and not as subjects of +taxation. That as to this matter it was of no consequence by what name you +called your people, whether by that of freemen or of slaves. That in some +countries the laboring poor were called freemen, in others they were +called slaves; but that the difference as to the State was imaginary only. +What matters it whether a landlord employing ten laborers on his farm +gives them annually as much money as will buy them the necessaries of +life, or give them those necessaries at short hand? The ten laborers add +as much wealth annually to the State, increase its exports as much, in the +one case as the other. Certainly five hundred freemen produce no more +profits, no greater surplus for the payment of taxes, than five hundred +slaves. Therefore the State in which are the laborers called freemen, +should be taxed no more than that in which are those called slaves. +Suppose, by any extraordinary operation of nature or of law, one-half the +laborers of a State could, in the course of one night, be transformed into +slaves, would the State be made the poorer, or the less able to pay taxes? +That the condition of the laboring poor in most countries--that of the +fisherman, particularly, of the northern States--is as abject as that of +slaves. It is the number of laborers which produces the surplus for +taxation; and numbers, therefore, indiscriminately, are the fair index of +wealth. That it is the use of the word 'property' here, and its +application to some of the people of the State, which produces the +fallacy. How does the southern farmer procure slaves? Either by +importation or by purchase from his neighbor. If he imports a slave, he +adds one to the number of laborers in his country, and proportionably to +its profits and abilities to pay taxes; if he buys from his neighbor, it +is only a transfer of a laborer from one farm to another, which does not +change the annual produce of a State, and therefore should not change its +tax; that if a northern farmer works ten laborers on his farm, he can, it +is true, invest the surplus of ten men's labor in cattle; but so may the +southern farmer working ten slaves. That a State of one hundred thousand +freemen can maintain no more cattle than one of one hundred thousand +slaves; therefore they have no more of that kind of property. That a slave +may, indeed, from the custom of speech, be more properly called the wealth +of his master, than the free laborer might be called the wealth of his +employer; but as to the State, both were equally its wealth, and should +therefore equally add to the quota of its tax. + +"Mr. Harrison proposed, as a compromise, that two slaves should be counted +as one freeman. He affirmed that slaves did not do as much work as +freemen, and doubted if two effected more than one. That this was proved +by the price of labor, the hire of a laborer in the Southern Colonies +being from £8 to £12, while in the Northern it was generally £24." + +Mr. LANDRUM. If we had a representation on this floor, as we ought to +have, on a total population basis, we should have sixteen additional +members, and the same additional number in the electoral college. + +Well, sir, the Republican party has attempted to incorporate an additional +provision into the Constitution. Those clauses which have especially +provided for African slavery it is impossible to repeal; but into those +where slavery is not mentioned, they have attempted to interpolate a new +clause. The Constitution has provided that new States may be admitted into +the Union. In a Confederacy of one-half slave States and one-half free +States, or nearly in that proportion, and when there is a provision in the +Constitution that new States may be admitted into the Union, _without +qualification_, one would naturally suppose that there would be no more +restriction upon the admission of a slave State than upon the admission of +a free State. + +Yet, sir, gentlemen on the other side propose to construe the Constitution +as if there were really there a restrictive clause against the admission +of any more slave States. And when we oppose that step they turn around +and say to us that we are the cause of all this excitement. It is they who +have caused the trouble. Like the old English gentleman in the play, they +say they are the best natured men in the world if we will only give them +their own way. All they want is to be permitted to have their own way, and +then there will be no excitement. We say that, as the Confederacy +consisted originally of free States and slave States, each new State, when +applying for admission, has the right to regulate the matter for herself. +You, gentlemen of the other side, say that, unless the new State prohibits +slavery, she shall not be admitted. + +Look at another clause of the Constitution: + +"The Congress shall have power to dispose of and make all needful rules +and regulations respecting the territory or other property of the United +States." + +There is not a word there as to whether slavery shall be tolerated in +these Territories or not. + +Such are the views, Mr. Chairman, and such the example of our forefathers +when they framed the Constitution. I take those examples of our +forefathers, and their legislative action under it, for my precedents. I +care not what their private opinions may have been; I want to know what +their legislative conduct was when they were acting on oath, for they were +men who regarded their oaths. They were men, sir, who did not believe that +the Constitution they framed would be contrary to the higher law, and that +it would be consistent with their oath of office to violate it. + +Well, Mr. Chairman, what further was the action of the fathers under the +Constitution of the United States. I will refer back to one memorable +example which goes behind that instrument. In the treaty with the British +Government it was stipulated that the British should not carry away any +negroes or _other property_ of the American citizens. John Jay, John +Adams, and Benjamin Franklin signed that treaty; and this, sir, was the +language they used: + +The British "shall not carry away the negroes or other property belonging +to the people of the United States." + +Yet we are told that, according to the doctrine of our forefathers, there +can be no such thing as property in man. The language I have quoted occurs +first in the preliminary articles in 1782, and again in the treaty of +peace which was signed in 1783. + +Kentucky was admitted into the Union as a slave State, without objection, +on the 4th of February, 1791. Now, if you had the right to exclude +Missouri because she tolerated slavery, why did you not have the same +right to exclude Kentucky? Why were conscientious scruples abandoned in +the case of Kentucky, and the Territory of Virginia given, by the +detaching of Kentucky, four Senators in the Senate of the United States, +instead of two? Our forefathers--yours and mine--voted for the admission +of Kentucky as a slave State. It will not do to say that slavery already +existed in Kentucky; because, if slavery be a sin and a crime and a curse, +then, according to your doctrine, it ought not to have been extended by +giving the slave States additional representation and power in the Senate +of the United States. + +Why, sir, if it would have been bad faith to have excluded Kentucky, was +it not bad faith to exclude Missouri? Because in the ordinance +establishing the territorial government of Missouri, in 1812, there was no +Wilmot proviso, no prohibition of slavery? But slavery was permitted, as +we ask it shall be permitted now; it was protected by the courts, and no +complaint was urged within the Territory of Missouri, in regard to this +question of slavery until she applied for admission into the Union. If +your anti-slavery party, which I charge is the cause of all the evils with +which this country is afflicted, was right then in excluding Missouri, +because she did not abolish slavery, your forefathers were wrong in +admitting Kentucky. Either they were wrong and you are right, or you are +wrong and they were right. Between the two I have no hesitation in my +choice. Regarded as patriots, regarded as intelligent men, considered as +men who regarded their oaths, I have no hesitation in saying I believe +they were equally as honest as the Republican party of the present day. + +In 1793 they gave us the fugitive slave law, there being only seven votes +in opposition to it, and some of those were from the South, I think--a +law, which if we attempt to enforce in the northern States we are met by +mobs, and bloodshed frequently follows. No southern man dares go into some +portions of the northern States and attempt to execute this law, except at +the peril of his life. + +Such was the action of the founders of the republic, whose example we are +constantly called upon to imitate. Tennessee was admitted in 1796, with +slavery. The Territory of Mississippi was organized in 1798, by the +application of the ordinance of 1787 to that Territory, and the +restriction as to slavery removed. That was legislation under the +Constitution. These are the precedents we are to follow; and we are not to +go behind the Constitution and follow the precedent of 1787, when the +relation of the States to each other was entirely different from what it +is now under the Constitution. + +Ah! but you say, Mr. Jefferson thought slavery was a great wrong. But the +acquisition of Louisiana in 1804 was a great right. Mr. Jefferson was then +President of the republic. He represented the people of the free States, +and he represented the people of the slave States; and no matter what his +private opinion might have been upon the question of slavery, or upon the +question of religion, or upon any other question, we, as legislators +sitting in this Hall, acting under oath, as he did, have nothing to do +with your private opinions upon the subject; but we have something to do +with your legislative action; and I call upon you, acting under oath, as +Jefferson did, to imitate his example. He acquired Louisiana through the +instrumentality of Livingston and Monroe, who signed the treaty. Slavery +existed in the Territory of Louisiana by the treaty by which she was +acquired, and by that her inhabitants were guarantied their rights of +property. + +Louisiana was admitted into the Union, in 1812, as a slave State. I know +that specious objections are made in these cases. The objection has been +made that in Tennessee, in Kentucky, and in Mississippi, slavery already +existed; but, acting upon the principle upon which gentlemen here propose +to legislate, that whatever is wrong and evil can produce nothing but +evil--and you must follow it to its results, no matter where it leads +you--no question of policy can be entertained. Why did these eminent +opponents of slavery, as they are called, and to whose opinions we are +constantly referred, increase the slave power, and encourage slavery +aggression, as you term it? The only aggression slaveholders have ever +made upon the free States is a demand that they should let this matter +alone. Why do not members of Congress, assembled within these Halls, +imitate the legislation of these men? I assure you, there was no such +restrictive legislation in the Constitution, nor under the Constitution, +up to 1820; for in 1813, under the administration of Madison, I believe, +slaves were recognized as property, and taxed by the Government; and in +1814, in the treaty of peace with Great Britain, it is again expressly +stipulated that all slaves and other _private property_--I use the very +language of the treaty--in the possession of either of the belligerent +parties, should be returned to the other, which shows that they had no +constitutional or conscientious scruples against _protecting_ slave +property. + +And yet we are told that we are the cause of all these mischiefs, because +we do not join with you in the declaration that there can be no such thing +as property in man; and that we have departed from the example of our +forefathers in not joining in that declaration. Sir, I would not use an +unparliamentary phrase; I would not say one word calculated to widen the +breach which now exists between the different members of this Confederacy, +for God knows no one deprecates it more than I do; but I do say that +intelligent gentlemen who stand upon this floor and make that declaration, +ignore the whole legislation of this Government, from the formation of the +Constitution up to the Missouri difficulty, in 1820. I say, if they are +familiar with the legislative acts of their forefathers, they must know +they are uttering that which is not true, when they say their example +teaches us that we should oppose slavery in every shape and form in which +we have legislative power. + +Mississippi was admitted into the Union in 1817, and no objection was +raised that she was a slave State. But it was in 1819-'20 that the +struggle began for which you propose to hold us responsible. Why, sir, +after the Government had gone on thirty years without question, having +never asked, when a State applied for admission, whether she was free or +whether she was slave; while the whole country was living in harmony and +brotherly love and affection; while the southern State was proud of the +prosperity and happiness of the northern State, and the people of the +northern States rejoiced at the prosperity of the people of the South, +this hydra-headed monster of anti-slavery was then first produced; and +from that day to this, it may be said, + + "Black it stood as night, + Fierce as ten furies, terrible as hell," + +and has shaken the bonds of this Union from one end to the other. + +What was the cause of the agitation of 1820? After you had encouraged the +citizens of Virginia and Kentucky and other States to settle in Missouri, +by protecting slave property in the courts of justice, you turned round +and said that Missouri should not be admitted unless she relinquished the +right thereafter to hold slaves; and you kept her out of the Union for one +year. The South, with that compromising and generous spirit which has ever +characterized them--I say so in no spirit of egotism, for I am describing +the people whom I represent--came forward and executed that memorable +relinquishment, agreeing that slavery should not go north of 36° 30´ if +you would permit Missouri to come into the Union. While we have voted for +the admission of free State after free State, without making it a +question; while we were then ready to vote for the admission of Maine, you +turned round and ungenerously--what your motives may have been God only +knows; whether to promote your political power or not it is not for me to +say--forbid Missouri coming into the Union unless she relinquished the +right to hold slaves. + +Now, sir, who departed from the lessons of wisdom taught by the fathers of +the republic? Most of them slept in their tombs, and a wiser and purer and +holier race (in their own estimation) had supplanted them; and "the sin +against God and the crime against humanity" had to be blotted from +Missouri, or she could hold no place in the Union. + +However, you made a good trade, and then the objection to the "sin against +God and the crime against humanity" was waived for a consideration. You +excluded the people of the South from all the territory north of 36° 30´, +and then Missouri was admitted into the Union with slavery. + +[Here the hammer fell.] + +Mr. LANDRUM. I would thank the committee to extend my time for ten minutes +longer. + +General assent was given. + +Mr. LANDRUM. I shall have to pass over a number of points which I should +have liked to touch on, and will only make this remark: that having all +the time a majority in the House of Representatives, and having secured an +ultimate preponderance in the Senate, you passed the tariff bills of 1824 +and 1828, in which the southern section, now securely in the minority, +were to be made tributary to promote and pamper the industry of the North. +Then came the opposition to the annexation of Texas, because it was a +slave State. Then came the Wilmot proviso for Oregon, and for the +territory acquired from Mexico. Then followed the struggle of 1856, when +you boldly inscribed on your banner, "No more slave States to be admitted +into the Union." At all events, you insisted on "prohibition to slavery in +the Territories," and announced that our system of labor was a "twin relic +of barbarism" with polygamy. Then followed the enunciation, in the +platform of a great popular party, which struggled almost successfully for +the government of the country, that the whole people of the South who +owned slaves were living in that state of pollution and degradation which +characterizes the polygamist. + +Yet we are told that we are the cause of all the trouble, because we do +not join in the hue-and-cry. Now, sir, what is the state of parties? The +greatest man, perhaps, of the Republican party--certainly the greatest in +influence, and the one whose prospects are first for the Presidency--has +declared that the three billions of property which we own must be +destroyed, stating that "you and I must do it," meaning that it must be +done by the present generation. Then follows the resolution of the +gentleman from Ohio, [Mr. BLAKE,] voted for by sixty members of the House, +declaring that slavery ought to be abolished wherever the Government has +the power to do it. + +The gentleman from Connecticut [Mr. FERRY] will recollect his declaration +that some of us may live to see the day when this Confederacy may consist +of fifty sovereignties; and when that day comes, it will be their duty, +according to the principles of the Republican party, to change the +Constitution and to abolish slavery. And yet gentlemen seem to wonder that +the people of the South are talking about new guards for their safety. +Sir, the maxim laid down by Jefferson, that governments should not be +abolished for light or transient causes, is most true; but no less true is +the maxim that a people are always disposed to endure evils so long as +they are endurable, rather than right themselves by abolishing the forms +of which they are accustomed. Sir, what may be the action of Louisiana, in +any contingency that may arise, it is not for me to state. + +I believe that the people of my State have too much at stake to attempt to +change their present institutions, or to make any new arrangement for +light or transient causes. We have an immense wealth, a vast commerce, a +city trading with all the States of the Union, whose forests of masts, +from which float the flags of all nations, denote that her commerce is +coextensive with the globe. The levee of her commercial emporium literally +trembles, in a frontage of nine miles, beneath the superincumbent masses +of merchandise. Reluctantly, most reluctantly, would that people take any +steps which by possibility could involve us in civil war and commotion; +and great, indeed, must have been their apprehension when they adopted, in +convention, March 15, 1860, the following resolution: + +"That, in case of the election of a President on the avowed principles of +the Black Republican party, we concur in the opinion that Louisiana should +meet in council her sister slaveholding States, to consult as to the means +of future protection." + +I have no idea that I am mistaken, when I state that no action will be +taken under that resolution, except on the most mature deliberation. But, +sir, whenever the people of Louisiana believe that their institutions are +in danger, and that it is the deliberate purpose of those who may get +control of the Government to spread over them that dark and benighted pall +which hangs like an incubus over the Central and South American republics +and the West India Islands that have emancipated their slaves, I tell you +they will act, and act effectually, too, for their protection and +security. And whatever course the majority of her people may choose to +take, her sons will sustain it with their lives, their fortunes, and their +sacred honor. + +THOS. MCGILL, Print. + + + + + + +End of the Project Gutenberg EBook of The Slavery Question, by John M. 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Landrum. + </title> + + <style type="text/css"> + + p {margin-top: .75em; text-align: justify; margin-bottom: .75em;} + + body {margin-left: 12%; margin-right: 12%;} + + .pagenum {position: absolute; left: 92%; font-size: smaller; text-align: right; font-style: normal;} + + .giant {font-size: 200%} + .huge {font-size: 150%} + .big {font-size: 125%} + + .poem {margin-left:15%;} + + .center {text-align: center;} + + .smcap {font-variant: small-caps;} + + .u {text-decoration: underline;} + + </style> + </head> +<body> + + +<pre> + +The Project Gutenberg EBook of The Slavery Question, by John M. Landrum + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Slavery Question + Speech of Hon. John M. Landrum, of La., Delivered in the + House of Representatives, April 27, 1860 + +Author: John M. Landrum + +Release Date: March 23, 2011 [EBook #35662] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE SLAVERY QUESTION *** + + + + +Produced by Bryan Ness and the Online Distributed +Proofreading Team at https://www.pgdp.net (This file was +produced from images generously made available by The +Internet Archive.) + + + + + + +</pre> + + + +<p class="center"><span class="big"><span class="u">THE SLAVERY QUESTION.</span></span></p> +<p class="center"><span class="huge">SPEECH</span><br /> +<small>OF</small><br /> +<span class="giant">HON. JOHN M. LANDRUM, OF LA.,</span><br /> +<small>DELIVERED IN</small><br /> +THE HOUSE OF REPRESENTATIVES, APRIL 27, 1860.</p> + + +<p><br />The House being in the Committee of the Whole on the state of the Union—</p> + +<p>Mr. LANDRUM said:</p> + +<p>Mr. <span class="smcap">Chairman</span>: That we are now threatened with great and alarming evils, no +one who will take a calm and unprejudiced survey of the condition of the +country can for a moment doubt. In the formation of this Government there +existed a spirit of harmony and concession from the citizens of each State +in this Union towards the citizens of every other State; and this spirit +was so plainly exhibited in the convention which framed the Constitution +of the United States—that it was so adjusted, so adapted to the wants of +all the States entering into the Confederacy—that it received the almost +unanimous support of the Convention. Harmony and concord and good feeling +reigned throughout the whole Confederacy. The citizen of South Carolina +rejoiced in the prosperity and commended the virtues of the citizen of +Massachusetts; and the citizen of Massachusetts responded to the feeling +of the citizen of South Carolina. That was the feeling which pervaded the +citizens of this common country when the Constitution was formed; and that +was the spirit which pervaded it for the thirty years afterwards during +which the Government was administered by the fathers of the Republic.</p> + +<p>But now, Mr. Chairman, what state of things does this country exhibit? A +people discordant; a great sectional party formed, and the whole history +of the country ransacked in a search for subjects of denunciation on the +part of citizens of one portion of the Confederacy against citizens of the +other.</p> + +<p>In that convention which framed the Constitution, which is the basis of +our Government, slave States were admitted without objection. Concessions +were made to slave States on every point that they demanded, and which +they deemed essential to the preservation and protection of their rights +in this Union. Ay, there was no objection then to the admission of a State +into the Union because she permitted slavery. So far from that, the +Constitution abounds with express provisions for the protection of their +property, and for the security of their rights. It was not objected to a +free State that she should form a member of the Confederacy because she +did not tolerate slavery. But the patriotic founders of the Republic +looked to the interests of the whole country, and sacrificed prejudices +whenever sacrifices were necessary, “<i>in order to form a more perfect +union</i>.”</p> + +<p>Contrast that state of feeling and that state of facts with the condition +in which we now see the country. Mutual denunciation is the business even +of the Representatives of the people on the floor of this Hall. Members of +Congress recommend the circulation of books calculated to sap and +undermine the foundations on which the whole fabric of wealth, of +respectability, and of civilization, of one-half the Union is based. We +meet here, not to strengthen the bonds that bind us together in the Union, +but to weaken them, as far as human ingenuity can do so. To such a point +has this state of things culminated, that the people of State after State +in the Southern portion of the Confederacy have met in convention and +declared their belief that there is a probability that the time is rapidly +approaching when they “<i>must provide new guards for their future +security</i>.” The State which I have the honor in part to represent has made +that declaration. And it is charged here on the floor of this Hall, by +almost every member of the Republican party who has addressed this +committee on the subject of the state of the Union, that it is the +Democratic party which is responsible for this condition of things; that +the Democratic party have departed from the lessons of wisdom taught us by +the example of our forefathers, and have thus precipitated on the country +all these evils, by the manner in which they have treated the slavery +question.</p> + +<p>It shall be my purpose, Mr. Chairman, in the short time allotted to me, to +endeavor to vindicate from the charge that party of which I am an humble +member. The district which I represent, and the State in which that +district is situated, are Democratic by an overwhelming majority; and I +assert here, and am prepared to prove incontestibly, that the Democratic +party are not the authors of the mischief under which the country labors. +I am prepared to prove that they have not departed from the lessons of +wisdom inculcated by the example of the founders of the Republic. I will +show, if history does not lie, that it is the Republican party, the +anti-slavery party, that is the cause of all the evils with which the +country is afflicted; and it is they, and not the Democratic party, who +have abandoned the legislative precedents and examples of our fathers.</p> + +<p><span class="pagenum"><a name="Page_2" id="Page_2">[Pg 2]</a></span>Why, sir, how are we responsible for the slavery agitation that has +produced all the evils and mischief which afflict the country?</p> + +<p>How is the Democratic party responsible for that excitement, and for the +difference of opinion which pervades the Republic on that subject, +threatening a dissolution of the Union? Why, we are responsible for it +because we do not join the Republican party to exclude slavery from the +Territories? We are responsible for it because we do not oppose the +admission of a State into the Union when her constitution tolerates +slavery. We are responsible for it because we do not join in the +declaration that all men are created free and equal, and apply that +doctrine to the African slaves of the South; because we do not declare +that those slaves are equal to us, and therefore of right free.</p> + +<p>We are required by the Republican party to unite with them in advocating +that doctrine, and to declare besides that slavery and polygamy are twin +relics of barbarism. If we join them in all these declarations of +principle; if we join them in advocating these measures, then, of course, +the country will be quiet. But, sir, who is responsible for the agitation? +Is it not the party that calls for legislation? Has the Democratic party +ever asked the national Legislature to establish slavery in her Territory? +No, sir; but the Republican party comes into this Hall and demands that +the power of the Government should be interposed to exclude slavery from +the Territories. Because we do not agree with them; because we do not +think as they do; and because we do not vote as they do; because we do not +acquiesce in these propositions, why, then we are responsible for this +agitation, and they are not! They ask us to adopt the maxim that no more +slave States shall be admitted into the Union, and because we do not agree +with them on that subject, we are the agitators, and they are not.</p> + +<p>Mr. Chairman, from what source do we learn this new doctrine? Do we find +it in the legislation of our forefathers? Are there any restrictions in +the Constitution of the United States on the subject, or any grant of +power to prohibit slavery in a Territory when that Territory is organized? +Is there anything in the Constitution of the United States to justify +it—and I appeal to that as the very first example of our forefathers in +the administration of this Government—is there anything in that +instrument which authorizes you to say that a State shall not be admitted +into the Union because its constitution tolerates slavery?</p> + +<p>I differ from gentlemen upon the Republican side of the House as to the +manner in which I would learn a lesson front the example of our +forefathers. I would not search for it in their private declarations. I +would search for their legislative record. We are legislators, and for our +legislation we want legislative precedents. I care not whether the +opinions of the founders of the Republic were for slavery or against it, +if the legislation of which they were the authors corresponded with the +views I entertain. What judge of any court, what lawyer who wished to +ascertain the true doctrine of a case, would search for the private +opinions of the judge when the reports bristled with adjudicated cases +from which he could learn the true doctrine which he had expressed under +oath and in the discharge of his duties? When you search for the opinions +of our ancestors to guide us as legislators, look at their conduct as +legislators, and not their private opinions. Every lawyer, every sensible +man, every rational man, knows that that is the true test of the opinions +of our ancestors upon a given subject. When they legislate under oath; +when they legislate for the good of the whole country, they lay aside +their private opinions and their peculiar prejudices.</p> + +<p>Now, sir, what do we find in the Constitution of the United States which +inculcates the doctrine that slavery must not be extended into the +Territories? I call the attention of gentlemen to the first clause of +section nine, article one of the Constitution:</p> + +<p>“The migration or importation of such persons as any of the States now +existing shall think proper to admit, shall not be prohibited by the +Congress prior to the year 1808, but a tax or duty may be imposed upon +such importation, not exceeding ten dollars for each person.”</p> + +<p>In order, Mr. Chairman, that there may be no mistake about the meaning of +that clause of the Constitution, I send to the Clerk’s desk, to be read, +an extract from Elliott’s Debates.</p> + +<p>The Clerk read from Elliott’s Debates, (Yate’s Minutes,) pages 35 and 36, +as follows:</p> + +<p>“By the ninth section of this article, the importation of such persons as +any of the States now existing shall think proper to admit, shall not be +prohibited prior to the year 1808, but a duty may be imposed on such +importation not exceeding ten dollars for each person.</p> + +<p>“The design of this clause is to prevent the General Government from +prohibiting the importation of slaves, but the same reasons which caused +them to strike out the word ‘national,’ and not admit the word ‘stamps,’ +influenced them here to guard against the word ‘<i>slaves</i>.’ They anxiously +sought to avoid the admission of expressions which might be odious in the +ears of Americans, although they were willing to admit into their system +those things which the expressions signified: and hence it is that the +clause is so worded, as really to authorize the General Government to +impose a duty of ten dollars on every foreigner who comes into a State to +become a citizen, whether he comes absolutely free, or qualifiedly so as a +servant, although this is contrary to the design of the framers, and the +duty was only made to extend to the importation of slaves.</p> + +<p><span class="pagenum"><a name="Page_3" id="Page_3">[Pg 3]</a></span>“This clause was the subject of a great diversity of sentiment in the +convention; as the system was reported by the Committee of Detail, the +provision was general, that such importation should not be prohibited, +without confining it to any particular period. This was rejected by eight +States; Georgia, South Carolina, and I think North Carolina, voting for +it.</p> + +<p>“We were then told by the delegates of the two first of those States, that +their States would never agree to a system which put it in the power of +the General Government to prevent the importation of slaves, and that +they, as delegates from those States, must withhold their assent from such +a system.</p> + +<p>“A committee of one member from each State was chosen by ballot to take +this part of the system under their consideration, and to endeavor to +agree upon some report which should reconcile those States; to this +committee also was referred the following proposition, which had been +reported by the Committee of Detail, namely: ‘No navigation act shall be +passed without the assent of two-thirds of the members present in each +House;’ a proposition which the staple and commercial States were +solicitous to retain, lest their commerce should be placed too much under +the power of the eastern States, but which these last States were as +anxious to reject. This committee, of which also I had the honor to be a +member, met and took under their consideration the subjects committed to +them. I found the <i>eastern</i> States, notwithstanding their <i>aversion to +slavery</i>, were very willing to indulge the southern States at least with +temporary liberty to prosecute the <i>slave trade</i>, provided the southern +States would in their turn gratify them, by laying no restriction on +navigation acts, and after a very little time, the committee, by a great +majority, agreed on a report, by which the General Government was to be +prohibited from preventing the importation of slaves for a limited time, +and the restrictive clause relative to navigation acts was to be omitted.”</p> + +<p>Mr. LANDRUM. Now, Mr. Chairman, we are asked to legislate to exclude +slavery from the Territories, because slavery is a moral wrong, because it +is a sin against God, and because it is a crime against humanity. And we +are invoked to adopt that legislation by the example of our forefathers.</p> + +<p>Now, what precedent do they furnish us in this clause of the Constitution? +The Constitution of the United States did make regulations in regard to +the slavery question. One of those regulations was to permit the African +slave trade until the year 1808. Now, sir, was there anything so morally +wrong in the African slave trade; was it any such crime against humanity +as to deter the ancestors of those gentlemen from coming into a Union +which permitted the African slave trade? Why, sir, Massachusetts, +Connecticut, and New Hampshire, voted to extend the limitation against the +prohibition of that traffic from 1800 to 1808. Does the honorable chairman +of this committee (Mr. <span class="smcap">Buffington</span>) blush for his ancestors because they +knew so little of the primary truths of common morality, as expounded by +the gentleman from Connecticut, (Mr. <span class="smcap">Ferry</span>,) in the commencement of this +debate, soon after the organization of this House, in voting such a +provision as that?</p> + +<p>The State of Massachusetts was a sovereign State before she entered into +this Confederacy, unabridged by any limitation. She could have prevented +her citizens then, as the United States does now, from participating in +the slave trade even between foreign ports in foreign nations; and yet +your ancestors not only voted with South Carolina and Georgia, who refused +to come into the Union unless the African slave trade was permitted so +long as they desired it, but in coming into that Union, it gave to the +citizens of Massachusetts, too, a like authority to engage in that trade.</p> + +<p>What a sin against God, what a crime against humanity, did these +Massachusetts legislators vote to perpetuate! And yet, I imagine, the +honorable Chairman is proud of his ancestors; and we are told now that +because we will not join you in the hue-and-cry against slavery, and do +not legislate to exclude slavery from the Territories, we are the authors +of the evils with which the country is afflicted. You are not satisfied +with our silence, our inaction; you say that we want to perpetuate a crime +against humanity, and have departed from the lesson of wisdom inculcated +by our ancestors.</p> + +<p>Sir, I believe in the teachings of the ancient patriots. I take their +precedents, and although not <i>now</i> in favor of the reopening of the +African slave trade, because it is inexpedient, (though, as I do not +consider the question before the country, I confess I have not studied +it,) yet I venerate those legislators who sacrificed their prejudices in +order that they might get South Carolina and Georgia into the Union, who +refused to come in without it.</p> + +<p>The gentleman from Connecticut, who first opened this debate, and who, I +believe, is not now in his seat, remarked in his speech, that evil, +disguised in whatever form it might be, would only produce evil; and +therefore you must first lay down a moral code, and no matter what results +it apparently leads you to, you must never violate it. Sir, his ancestors +told a different tale. They said, in admitting South Carolina and Georgia +into the Union, that, although they objected to the slave trade, more good +would be accomplished than by prohibiting the slave trade and losing those +two States.</p> + +<p>That is the policy which guided our ancestors; and now, what do we ask? +What does the Democratic party ask? Do we ask this Government to legislate +slavery into the Territories? We have never made any such demand. We have +never <i>yet</i> asked anything of<span class="pagenum"><a name="Page_4" id="Page_4">[Pg 4]</a></span> this Government but to let it alone. And I +assure you, that New Hampshire, Massachusetts, and Connecticut, voted to +perpetuate the slave trade, and to give her citizens the right to engage +in it from 1800 to 1808, by that clause in the Constitution which gives +the citizens of each State the rights of the citizens of every other +State. She relinquished the power which they had to forbid her own +citizens from participating in the slave trade, and opened the door to +them. That is what your ancestors did in the Constitution under which this +Government was formed, and which is the basis of all its legislation. And +yet, you can give no legislative encouragement to slavery; you must +exclude it wherever you have the power to exclude it, not as a matter of +policy—at least that is not the ground upon which you base your +action—but because it is a moral wrong, and a crime against humanity.</p> + +<p>But is that all the legislation in the Constitution about slavery? Why, +sir, they inserted a clause in the Constitution authorizing the recapture +of fugitive slaves when they entered the sovereign territory of these New +England States which have now such an aborrence of the doctrine. As the +meaning of that clause has been a subject of dispute, I ask the Clerk to +read a short extract from the debates in the Virginia convention which +adopted the Constitution, in which Mr. Madison explained the meaning of +it. I hope I shall be able to show that we have some first-rate +pro-slavery legislation in the Constitution before I get through with this +argument.</p> + +<p>The Clerk read, as follows:</p> + +<p>“At present, if any slave elopes to any of those States where slaves are +free, he becomes emancipated by their laws. For the laws of the States are +uncharitable to one another in this respect. But in this Constitution, ‘no +person held to service or labor in one State, under the laws thereof, +escaping into another, shall, in consequence of any law or regulation +therein, be discharged from such service or labor; but shall be delivered +up on claim of the party to whom such service or labor may be due.’ This +clause was expressly inserted to enable owners of slaves to reclaim them. +This is a better security than any that now exists. No power is given to +the General Government to interpose with respect to the property in slaves +now held by the States. The taxation of this State being equal only to its +representation, such a tax cannot be laid as he supposes. They cannot +prevent the importation of slaves for twenty years; but after that period +they can. The gentlemen from South Carolina and Georgia argued in this +manner: ‘We have now liberty to import this species of property, and much +of the property now possessed has been purchased or otherwise acquired in +contemplation of improving it by the assistance of imported slaves. What +would be the consequence of hindering us from it? The slaves of Virginia +would rise in value, and we would be obliged to go to your markets.’ I +need not expatiate on this subject. Great as the evil is, a dismemberment +of the Union would be worse. If those States should disunite from the +other States, for not including them in the temporary continuance of this +traffic, they might solicit and obtain aid from foreign Powers.”</p> + +<p>Mr. LANDRUM. Yes, Mr. Chairman, those were the motives that influenced the +framers of the Constitution. The several States of New England which, +according to the testimony of Mr. Madison, had up to that time refused to +deliver up fugitive slaves, voluntarily renounced the right of prohibiting +it, and voted that the slave-catcher should have authority to enter +therein, and carry back his slave to bondage. Do I want any better +pro-slavery men than these? Where, sir, was this notion of “a sin against +God and a crime against humanity” when they voted for that clause?</p> + +<p>I will again refer to the remark of the gentleman from Connecticut, which +I know he will not apply to his ancestors in Connecticut who voted for +this pro-slavery provision—that “evil, disguised under whatever form it +may be, can be productive only of evil.” He would not denounce his +ancestors as hypocrites because they left out of the Constitution the +weird “slave;” for Mr. Roger Sherman says that the expression was +objectionable “to ears polite,” I suppose. Mr. Madison and Mr. Yates tell +us what they meant by the description “held to service or labor.” I know +the gentleman would not say that his ancestors were disguising in a +particular name an evil, and thereby adopting it.</p> + +<p>No, sir; slavery was a good thing; but it had a bad name, according to the +polite phraseology of the day, and, knowing that “a rose by any other name +would smell as sweet,” they changed the term “slave” to that of a “person +held to service or labor.”</p> + +<p>But, sir, in regard to this African slave trade provision, it was esteemed +so important that, although provision was made for an amendment to the +Constitution, applying to almost everything else within its compass, +except, I believe, to the clause, that no State should be deprived of her +equal representation in the Senate without her consent, this precious +article of the slave trade clause was not to be interfered with, under any +circumstances, prior to the year 1808.</p> + +<p>I think, Mr. Chairman, I have disposed of the religious argument, the +moral argument, the conscience argument against slavery, derived from the +lessons taught by the example of our forefathers. Do not tell me any more +that Mr. Madison thought slavery was an evil; because these thoughts +controlled not the action of his public position. Do not tell me that +Washington and Jefferson were opposed to slavery abstractly, after that; +because we find even New England men, with all their prejudices, as good +pro-slavery men as South Carolina<span class="pagenum"><a name="Page_5" id="Page_5">[Pg 5]</a></span> and Georgia wanted—for they were the +only States that made a question on this African slave trade. Whatever +future congressional protection to property may become necessary, all that +we have ever <i>yet</i> asked, Mr. Chairman, is that Congress shall not +legislate at all on the question of slavery in the Territories. But your +patriotic forefathers did legislate. They legislated to protect the +African slave trade. They gave permission to the citizens of Massachusetts +to enter into the slave trade along with the citizens of South Carolina +and Georgia, and they gave us a fugitive slave law. That is the sort of +legislation which they gave us in the Constitution, which is the basis of +the Government under which we live.</p> + +<p>There are other clauses in the Constitution, sir, which show that this +matter of slavery was not neglected. In the apportionment of direct +taxation and representation, it was stipulated that three-fifths of the +slaves should be represented on this floor. They were noticed, and noticed +as a degraded class, as unequal to free men; because, if they had been +considered equal to free men we would have been entitled to full +representation for them on this floor. But, sir, they were treated as a +degraded class—as a class unequal to free men. Their masters were given a +representation in this House in proportion to three-fifths of their +numbers, and the direct taxation was to be assessed at the same ratio on +the slave States. Now, I allude to this subject, not to show boastingly, +as it has been said on this floor, that we have a slave representation +here. In that very provision of the Constitution the people of the +northern States derived all the advantage—the people of the southern +States all the loss; for no money, scarcely, has ever been raised by +direct taxation. The money for the support of the Government is collected +in an entirely different manner. If taxes were assessed on that principle, +by a system of direct taxation, we would have derived some benefit from +the three-fifth provision; but, as it is, you derive all the advantage, +and we none of it.</p> + +<p>The principle which governed the convention in inserting that provision +was the belief that this was the proportion in which the labor of the +slave contributed to the wealth of the country, comparatively to that of +the free man; and as, according to the political doctrines of that day, +taxation and representation went hand in hand, and as a slave produced +only three-fifths as much annual income as a free man, their masters were +only entitled to that much representation. So it is in the electoral +college. There the slaves are enumerated in the same proportion, and their +masters are deprived of a voice to that extent.</p> + +<p>In that connection I want to have read the opinions of a venerable +gentleman, whose authority will not be disputed upon this floor by the +Republican party—the opinions of Mr. John Adams. The Clerk will read from +the Madison Papers, page 29.</p> + +<p>The Clerk read, as follows:</p> + +<p>“Mr. John Adams observed, that the numbers of people were taken by this +article as an index of the wealth of the State, and not as subjects of +taxation. That as to this matter it was of no consequence by what name you +called your people, whether by that of freemen or of slaves. That in some +countries the laboring poor were called freemen, in others they were +called slaves; but that the difference as to the State was imaginary only. +What matters it whether a landlord employing ten laborers on his farm +gives them annually as much money as will buy them the necessaries of +life, or give them those necessaries at short hand? The ten laborers add +as much wealth annually to the State, increase its exports as much, in the +one case as the other. Certainly five hundred freemen produce no more +profits, no greater surplus for the payment of taxes, than five hundred +slaves. Therefore the State in which are the laborers called freemen, +should be taxed no more than that in which are those called slaves. +Suppose, by any extraordinary operation of nature or of law, one-half the +laborers of a State could, in the course of one night, be transformed into +slaves, would the State be made the poorer, or the less able to pay taxes? +That the condition of the laboring poor in most countries—that of the +fisherman, particularly, of the northern States—is as abject as that of +slaves. It is the number of laborers which produces the surplus for +taxation; and numbers, therefore, indiscriminately, are the fair index of +wealth. That it is the use of the word ‘property’ here, and its +application to some of the people of the State, which produces the +fallacy. How does the southern farmer procure slaves? Either by +importation or by purchase from his neighbor. If he imports a slave, he +adds one to the number of laborers in his country, and proportionably to +its profits and abilities to pay taxes; if he buys from his neighbor, it +is only a transfer of a laborer from one farm to another, which does not +change the annual produce of a State, and therefore should not change its +tax; that if a northern farmer works ten laborers on his farm, he can, it +is true, invest the surplus of ten men’s labor in cattle; but so may the +southern farmer working ten slaves. That a State of one hundred thousand +freemen can maintain no more cattle than one of one hundred thousand +slaves; therefore they have no more of that kind of property. That a slave +may, indeed, from the custom of speech, be more properly called the wealth +of his master, than the free laborer might be called the wealth of his +employer; but as to the State, both were equally its wealth, and should +therefore equally add to the quota of its tax.</p> + +<p>“Mr. Harrison proposed, as a compromise, that two slaves should be counted +as one freeman. He affirmed that slaves did not do as much work as +freemen, and doubted if two effected more than one. That this was proved +by the price of labor, the hire of a laborer in the Southern Colonies +being from £8 to £12, while in the Northern it was generally £24.”</p> + +<p><span class="pagenum"><a name="Page_6" id="Page_6">[Pg 6]</a></span>Mr. LANDRUM. If we had a representation on this floor, as we ought to +have, on a total population basis, we should have sixteen additional +members, and the same additional number in the electoral college.</p> + +<p>Well, sir, the Republican party has attempted to incorporate an additional +provision into the Constitution. Those clauses which have especially +provided for African slavery it is impossible to repeal; but into those +where slavery is not mentioned, they have attempted to interpolate a new +clause. The Constitution has provided that new States may be admitted into +the Union. In a Confederacy of one-half slave States and one-half free +States, or nearly in that proportion, and when there is a provision in the +Constitution that new States may be admitted into the Union, <i>without +qualification</i>, one would naturally suppose that there would be no more +restriction upon the admission of a slave State than upon the admission of +a free State.</p> + +<p>Yet, sir, gentlemen on the other side propose to construe the Constitution +as if there were really there a restrictive clause against the admission +of any more slave States. And when we oppose that step they turn around +and say to us that we are the cause of all this excitement. It is they who +have caused the trouble. Like the old English gentleman in the play, they +say they are the best natured men in the world if we will only give them +their own way. All they want is to be permitted to have their own way, and +then there will be no excitement. We say that, as the Confederacy +consisted originally of free States and slave States, each new State, when +applying for admission, has the right to regulate the matter for herself. +You, gentlemen of the other side, say that, unless the new State prohibits +slavery, she shall not be admitted.</p> + +<p>Look at another clause of the Constitution:</p> + +<p>“The Congress shall have power to dispose of and make all needful rules +and regulations respecting the territory or other property of the United +States.”</p> + +<p>There is not a word there as to whether slavery shall be tolerated in +these Territories or not.</p> + +<p>Such are the views, Mr. Chairman, and such the example of our forefathers +when they framed the Constitution. I take those examples of our +forefathers, and their legislative action under it, for my precedents. I +care not what their private opinions may have been; I want to know what +their legislative conduct was when they were acting on oath, for they were +men who regarded their oaths. They were men, sir, who did not believe that +the Constitution they framed would be contrary to the higher law, and that +it would be consistent with their oath of office to violate it.</p> + +<p>Well, Mr. Chairman, what further was the action of the fathers under the +Constitution of the United States. I will refer back to one memorable +example which goes behind that instrument. In the treaty with the British +Government it was stipulated that the British should not carry away any +negroes or <i>other property</i> of the American citizens. John Jay, John +Adams, and Benjamin Franklin signed that treaty; and this, sir, was the +language they used:</p> + +<p>The British “shall not carry away the negroes or other property belonging +to the people of the United States.”</p> + +<p>Yet we are told that, according to the doctrine of our forefathers, there +can be no such thing as property in man. The language I have quoted occurs +first in the preliminary articles in 1782, and again in the treaty of +peace which was signed in 1783.</p> + +<p>Kentucky was admitted into the Union as a slave State, without objection, +on the 4th of February, 1791. Now, if you had the right to exclude +Missouri because she tolerated slavery, why did you not have the same +right to exclude Kentucky? Why were conscientious scruples abandoned in +the case of Kentucky, and the Territory of Virginia given, by the +detaching of Kentucky, four Senators in the Senate of the United States, +instead of two? Our forefathers—yours and mine—voted for the admission +of Kentucky as a slave State. It will not do to say that slavery already +existed in Kentucky; because, if slavery be a sin and a crime and a curse, +then, according to your doctrine, it ought not to have been extended by +giving the slave States additional representation and power in the Senate +of the United States.</p> + +<p>Why, sir, if it would have been bad faith to have excluded Kentucky, was +it not bad faith to exclude Missouri? Because in the ordinance +establishing the territorial government of Missouri, in 1812, there was no +Wilmot proviso, no prohibition of slavery? But slavery was permitted, as +we ask it shall be permitted now; it was protected by the courts, and no +complaint was urged within the Territory of Missouri, in regard to this +question of slavery until she applied for admission into the Union. If +your anti-slavery party, which I charge is the cause of all the evils with +which this country is afflicted, was right then in excluding Missouri, +because she did not abolish slavery, your forefathers were wrong in +admitting Kentucky. Either they were wrong and you are right, or you are +wrong and they were right. Between the two I have no hesitation in my +choice. Regarded as patriots, regarded as intelligent men, considered as +men who regarded their oaths, I have no hesitation in saying I believe +they were equally as honest as the Republican party of the present day.</p> + +<p>In 1793 they gave us the fugitive slave law, there being only seven votes +in opposition to it, and some of those were from the South, I think—a +law, which if we attempt to <span class="pagenum"><a name="Page_7" id="Page_7">[Pg 7]</a></span>enforce in the northern States we are met by +mobs, and bloodshed frequently follows. No southern man dares go into some +portions of the northern States and attempt to execute this law, except at +the peril of his life.</p> + +<p>Such was the action of the founders of the republic, whose example we are +constantly called upon to imitate. Tennessee was admitted in 1796, with +slavery. The Territory of Mississippi was organized in 1798, by the +application of the ordinance of 1787 to that Territory, and the +restriction as to slavery removed. That was legislation under the +Constitution. These are the precedents we are to follow; and we are not to +go behind the Constitution and follow the precedent of 1787, when the +relation of the States to each other was entirely different from what it +is now under the Constitution.</p> + +<p>Ah! but you say, Mr. Jefferson thought slavery was a great wrong. But the +acquisition of Louisiana in 1804 was a great right. Mr. Jefferson was then +President of the republic. He represented the people of the free States, +and he represented the people of the slave States; and no matter what his +private opinion might have been upon the question of slavery, or upon the +question of religion, or upon any other question, we, as legislators +sitting in this Hall, acting under oath, as he did, have nothing to do +with your private opinions upon the subject; but we have something to do +with your legislative action; and I call upon you, acting under oath, as +Jefferson did, to imitate his example. He acquired Louisiana through the +instrumentality of Livingston and Monroe, who signed the treaty. Slavery +existed in the Territory of Louisiana by the treaty by which she was +acquired, and by that her inhabitants were guarantied their rights of +property.</p> + +<p>Louisiana was admitted into the Union, in 1812, as a slave State. I know +that specious objections are made in these cases. The objection has been +made that in Tennessee, in Kentucky, and in Mississippi, slavery already +existed; but, acting upon the principle upon which gentlemen here propose +to legislate, that whatever is wrong and evil can produce nothing but +evil—and you must follow it to its results, no matter where it leads +you—no question of policy can be entertained. Why did these eminent +opponents of slavery, as they are called, and to whose opinions we are +constantly referred, increase the slave power, and encourage slavery +aggression, as you term it? The only aggression slaveholders have ever +made upon the free States is a demand that they should let this matter +alone. Why do not members of Congress, assembled within these Halls, +imitate the legislation of these men? I assure you, there was no such +restrictive legislation in the Constitution, nor under the Constitution, +up to 1820; for in 1813, under the administration of Madison, I believe, +slaves were recognized as property, and taxed by the Government; and in +1814, in the treaty of peace with Great Britain, it is again expressly +stipulated that all slaves and other <i>private property</i>—I use the very +language of the treaty—in the possession of either of the belligerent +parties, should be returned to the other, which shows that they had no +constitutional or conscientious scruples against <i>protecting</i> slave +property.</p> + +<p>And yet we are told that we are the cause of all these mischiefs, because +we do not join with you in the declaration that there can be no such thing +as property in man; and that we have departed from the example of our +forefathers in not joining in that declaration. Sir, I would not use an +unparliamentary phrase; I would not say one word calculated to widen the +breach which now exists between the different members of this Confederacy, +for God knows no one deprecates it more than I do; but I do say that +intelligent gentlemen who stand upon this floor and make that declaration, +ignore the whole legislation of this Government, from the formation of the +Constitution up to the Missouri difficulty, in 1820. I say, if they are +familiar with the legislative acts of their forefathers, they must know +they are uttering that which is not true, when they say their example +teaches us that we should oppose slavery in every shape and form in which +we have legislative power.</p> + +<p>Mississippi was admitted into the Union in 1817, and no objection was +raised that she was a slave State. But it was in 1819-’20 that the +struggle began for which you propose to hold us responsible. Why, sir, +after the Government had gone on thirty years without question, having +never asked, when a State applied for admission, whether she was free or +whether she was slave; while the whole country was living in harmony and +brotherly love and affection; while the southern State was proud of the +prosperity and happiness of the northern State, and the people of the +northern States rejoiced at the prosperity of the people of the South, +this hydra-headed monster of anti-slavery was then first produced; and +from that day to this, it may be said,</p> + +<p class="poem">“Black it stood as night,<br /> +Fierce as ten furies, terrible as hell,”</p> + +<p>and has shaken the bonds of this Union from one end to the other.</p> + +<p>What was the cause of the agitation of 1820? After you had encouraged the +citizens of Virginia and Kentucky and other States to settle in Missouri, +by protecting slave property in the courts of justice, you turned round +and said that Missouri should not be admitted unless she relinquished the +right thereafter to hold slaves; and you kept her out of the Union for one +year. The South, with that compromising and generous spirit which has ever +characterized them—I say so in no spirit of egotism, for I am describing +the people whom I represent—came forward and executed that memorable +relinquishment, agreeing that slavery should not go north of 36° 30´ if +you would permit Missouri to come into the Union. While we have voted for +the admission of free State after free State, without<span class="pagenum"><a name="Page_8" id="Page_8">[Pg 8]</a></span> making it a +question; while we were then ready to vote for the admission of Maine, you +turned round and ungenerously—what your motives may have been God only +knows; whether to promote your political power or not it is not for me to +say—forbid Missouri coming into the Union unless she relinquished the +right to hold slaves.</p> + +<p>Now, sir, who departed from the lessons of wisdom taught by the fathers of +the republic? Most of them slept in their tombs, and a wiser and purer and +holier race (in their own estimation) had supplanted them; and “the sin +against God and the crime against humanity” had to be blotted from +Missouri, or she could hold no place in the Union.</p> + +<p>However, you made a good trade, and then the objection to the “sin against +God and the crime against humanity” was waived for a consideration. You +excluded the people of the South from all the territory north of 36° 30´, +and then Missouri was admitted into the Union with slavery.</p> + +<p>[Here the hammer fell.]</p> + +<p>Mr. LANDRUM. I would thank the committee to extend my time for ten minutes +longer.</p> + +<p>General assent was given.</p> + +<p>Mr. LANDRUM. I shall have to pass over a number of points which I should +have liked to touch on, and will only make this remark: that having all +the time a majority in the House of Representatives, and having secured an +ultimate preponderance in the Senate, you passed the tariff bills of 1824 +and 1828, in which the southern section, now securely in the minority, +were to be made tributary to promote and pamper the industry of the North. +Then came the opposition to the annexation of Texas, because it was a +slave State. Then came the Wilmot proviso for Oregon, and for the +territory acquired from Mexico. Then followed the struggle of 1856, when +you boldly inscribed on your banner, “No more slave States to be admitted +into the Union.” At all events, you insisted on “prohibition to slavery in +the Territories,” and announced that our system of labor was a “twin relic +of barbarism” with polygamy. Then followed the enunciation, in the +platform of a great popular party, which struggled almost successfully for +the government of the country, that the whole people of the South who +owned slaves were living in that state of pollution and degradation which +characterizes the polygamist.</p> + +<p>Yet we are told that we are the cause of all the trouble, because we do +not join in the hue-and-cry. Now, sir, what is the state of parties? The +greatest man, perhaps, of the Republican party—certainly the greatest in +influence, and the one whose prospects are first for the Presidency—has +declared that the three billions of property which we own must be +destroyed, stating that “you and I must do it,” meaning that it must be +done by the present generation. Then follows the resolution of the +gentleman from Ohio, [Mr. <span class="smcap">Blake</span>,] voted for by sixty members of the House, +declaring that slavery ought to be abolished wherever the Government has +the power to do it.</p> + +<p>The gentleman from Connecticut [Mr. <span class="smcap">Ferry</span>] will recollect his declaration +that some of us may live to see the day when this Confederacy may consist +of fifty sovereignties; and when that day comes, it will be their duty, +according to the principles of the Republican party, to change the +Constitution and to abolish slavery. And yet gentlemen seem to wonder that +the people of the South are talking about new guards for their safety. +Sir, the maxim laid down by Jefferson, that governments should not be +abolished for light or transient causes, is most true; but no less true is +the maxim that a people are always disposed to endure evils so long as +they are endurable, rather than right themselves by abolishing the forms +of which they are accustomed. Sir, what may be the action of Louisiana, in +any contingency that may arise, it is not for me to state.</p> + +<p>I believe that the people of my State have too much at stake to attempt to +change their present institutions, or to make any new arrangement for +light or transient causes. We have an immense wealth, a vast commerce, a +city trading with all the States of the Union, whose forests of masts, +from which float the flags of all nations, denote that her commerce is +coextensive with the globe. The levee of her commercial emporium literally +trembles, in a frontage of nine miles, beneath the superincumbent masses +of merchandise. Reluctantly, most reluctantly, would that people take any +steps which by possibility could involve us in civil war and commotion; +and great, indeed, must have been their apprehension when they adopted, in +convention, March 15, 1860, the following resolution:</p> + +<p>“That, in case of the election of a President on the avowed principles of +the Black Republican party, we concur in the opinion that Louisiana should +meet in council her sister slaveholding States, to consult as to the means +of future protection.”</p> + +<p>I have no idea that I am mistaken, when I state that no action will be +taken under that resolution, except on the most mature deliberation. But, +sir, whenever the people of Louisiana believe that their institutions are +in danger, and that it is the deliberate purpose of those who may get +control of the Government to spread over them that dark and benighted pall +which hangs like an incubus over the Central and South American republics +and the West India Islands that have emancipated their slaves, I tell you +they will act, and act effectually, too, for their protection and +security. And whatever course the majority of her people may choose to +take, her sons will sustain it with their lives, their fortunes, and their +sacred honor.</p> + +<p><small><span class="smcap">Thos. McGill</span>, Print.</small></p> + + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of The Slavery Question, by John M. 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John M. Landrum, of La., Delivered in the + House of Representatives, April 27, 1860 + +Author: John M. Landrum + +Release Date: March 23, 2011 [EBook #35662] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK THE SLAVERY QUESTION *** + + + + +Produced by Bryan Ness and the Online Distributed +Proofreading Team at https://www.pgdp.net (This file was +produced from images generously made available by The +Internet Archive.) + + + + + + + + + +THE SLAVERY QUESTION. + +SPEECH OF HON. JOHN M. LANDRUM, OF LA., DELIVERED IN THE HOUSE OF +REPRESENTATIVES, APRIL 27, 1860. + + +The House being in the Committee of the Whole on the state of the Union-- + +Mr. LANDRUM said: + +Mr. CHAIRMAN: That we are now threatened with great and alarming evils, no +one who will take a calm and unprejudiced survey of the condition of the +country can for a moment doubt. In the formation of this Government there +existed a spirit of harmony and concession from the citizens of each State +in this Union towards the citizens of every other State; and this spirit +was so plainly exhibited in the convention which framed the Constitution +of the United States--that it was so adjusted, so adapted to the wants of +all the States entering into the Confederacy--that it received the almost +unanimous support of the Convention. Harmony and concord and good feeling +reigned throughout the whole Confederacy. The citizen of South Carolina +rejoiced in the prosperity and commended the virtues of the citizen of +Massachusetts; and the citizen of Massachusetts responded to the feeling +of the citizen of South Carolina. That was the feeling which pervaded the +citizens of this common country when the Constitution was formed; and that +was the spirit which pervaded it for the thirty years afterwards during +which the Government was administered by the fathers of the Republic. + +But now, Mr. Chairman, what state of things does this country exhibit? A +people discordant; a great sectional party formed, and the whole history +of the country ransacked in a search for subjects of denunciation on the +part of citizens of one portion of the Confederacy against citizens of the +other. + +In that convention which framed the Constitution, which is the basis of +our Government, slave States were admitted without objection. Concessions +were made to slave States on every point that they demanded, and which +they deemed essential to the preservation and protection of their rights +in this Union. Ay, there was no objection then to the admission of a State +into the Union because she permitted slavery. So far from that, the +Constitution abounds with express provisions for the protection of their +property, and for the security of their rights. It was not objected to a +free State that she should form a member of the Confederacy because she +did not tolerate slavery. But the patriotic founders of the Republic +looked to the interests of the whole country, and sacrificed prejudices +whenever sacrifices were necessary, "_in order to form a more perfect +union_." + +Contrast that state of feeling and that state of facts with the condition +in which we now see the country. Mutual denunciation is the business even +of the Representatives of the people on the floor of this Hall. Members of +Congress recommend the circulation of books calculated to sap and +undermine the foundations on which the whole fabric of wealth, of +respectability, and of civilization, of one-half the Union is based. We +meet here, not to strengthen the bonds that bind us together in the Union, +but to weaken them, as far as human ingenuity can do so. To such a point +has this state of things culminated, that the people of State after State +in the Southern portion of the Confederacy have met in convention and +declared their belief that there is a probability that the time is rapidly +approaching when they "_must provide new guards for their future +security_." The State which I have the honor in part to represent has made +that declaration. And it is charged here on the floor of this Hall, by +almost every member of the Republican party who has addressed this +committee on the subject of the state of the Union, that it is the +Democratic party which is responsible for this condition of things; that +the Democratic party have departed from the lessons of wisdom taught us by +the example of our forefathers, and have thus precipitated on the country +all these evils, by the manner in which they have treated the slavery +question. + +It shall be my purpose, Mr. Chairman, in the short time allotted to me, to +endeavor to vindicate from the charge that party of which I am an humble +member. The district which I represent, and the State in which that +district is situated, are Democratic by an overwhelming majority; and I +assert here, and am prepared to prove incontestibly, that the Democratic +party are not the authors of the mischief under which the country labors. +I am prepared to prove that they have not departed from the lessons of +wisdom inculcated by the example of the founders of the Republic. I will +show, if history does not lie, that it is the Republican party, the +anti-slavery party, that is the cause of all the evils with which the +country is afflicted; and it is they, and not the Democratic party, who +have abandoned the legislative precedents and examples of our fathers. + +Why, sir, how are we responsible for the slavery agitation that has +produced all the evils and mischief which afflict the country? + +How is the Democratic party responsible for that excitement, and for the +difference of opinion which pervades the Republic on that subject, +threatening a dissolution of the Union? Why, we are responsible for it +because we do not join the Republican party to exclude slavery from the +Territories? We are responsible for it because we do not oppose the +admission of a State into the Union when her constitution tolerates +slavery. We are responsible for it because we do not join in the +declaration that all men are created free and equal, and apply that +doctrine to the African slaves of the South; because we do not declare +that those slaves are equal to us, and therefore of right free. + +We are required by the Republican party to unite with them in advocating +that doctrine, and to declare besides that slavery and polygamy are twin +relics of barbarism. If we join them in all these declarations of +principle; if we join them in advocating these measures, then, of course, +the country will be quiet. But, sir, who is responsible for the agitation? +Is it not the party that calls for legislation? Has the Democratic party +ever asked the national Legislature to establish slavery in her Territory? +No, sir; but the Republican party comes into this Hall and demands that +the power of the Government should be interposed to exclude slavery from +the Territories. Because we do not agree with them; because we do not +think as they do; and because we do not vote as they do; because we do not +acquiesce in these propositions, why, then we are responsible for this +agitation, and they are not! They ask us to adopt the maxim that no more +slave States shall be admitted into the Union, and because we do not agree +with them on that subject, we are the agitators, and they are not. + +Mr. Chairman, from what source do we learn this new doctrine? Do we find +it in the legislation of our forefathers? Are there any restrictions in +the Constitution of the United States on the subject, or any grant of +power to prohibit slavery in a Territory when that Territory is organized? +Is there anything in the Constitution of the United States to justify +it--and I appeal to that as the very first example of our forefathers in +the administration of this Government--is there anything in that +instrument which authorizes you to say that a State shall not be admitted +into the Union because its constitution tolerates slavery? + +I differ from gentlemen upon the Republican side of the House as to the +manner in which I would learn a lesson front the example of our +forefathers. I would not search for it in their private declarations. I +would search for their legislative record. We are legislators, and for our +legislation we want legislative precedents. I care not whether the +opinions of the founders of the Republic were for slavery or against it, +if the legislation of which they were the authors corresponded with the +views I entertain. What judge of any court, what lawyer who wished to +ascertain the true doctrine of a case, would search for the private +opinions of the judge when the reports bristled with adjudicated cases +from which he could learn the true doctrine which he had expressed under +oath and in the discharge of his duties? When you search for the opinions +of our ancestors to guide us as legislators, look at their conduct as +legislators, and not their private opinions. Every lawyer, every sensible +man, every rational man, knows that that is the true test of the opinions +of our ancestors upon a given subject. When they legislate under oath; +when they legislate for the good of the whole country, they lay aside +their private opinions and their peculiar prejudices. + +Now, sir, what do we find in the Constitution of the United States which +inculcates the doctrine that slavery must not be extended into the +Territories? I call the attention of gentlemen to the first clause of +section nine, article one of the Constitution: + +"The migration or importation of such persons as any of the States now +existing shall think proper to admit, shall not be prohibited by the +Congress prior to the year 1808, but a tax or duty may be imposed upon +such importation, not exceeding ten dollars for each person." + +In order, Mr. Chairman, that there may be no mistake about the meaning of +that clause of the Constitution, I send to the Clerk's desk, to be read, +an extract from Elliott's Debates. + +The Clerk read from Elliott's Debates, (Yate's Minutes,) pages 35 and 36, +as follows: + +"By the ninth section of this article, the importation of such persons as +any of the States now existing shall think proper to admit, shall not be +prohibited prior to the year 1808, but a duty may be imposed on such +importation not exceeding ten dollars for each person. + +"The design of this clause is to prevent the General Government from +prohibiting the importation of slaves, but the same reasons which caused +them to strike out the word 'national,' and not admit the word 'stamps,' +influenced them here to guard against the word '_slaves_.' They anxiously +sought to avoid the admission of expressions which might be odious in the +ears of Americans, although they were willing to admit into their system +those things which the expressions signified: and hence it is that the +clause is so worded, as really to authorize the General Government to +impose a duty of ten dollars on every foreigner who comes into a State to +become a citizen, whether he comes absolutely free, or qualifiedly so as a +servant, although this is contrary to the design of the framers, and the +duty was only made to extend to the importation of slaves. + +"This clause was the subject of a great diversity of sentiment in the +convention; as the system was reported by the Committee of Detail, the +provision was general, that such importation should not be prohibited, +without confining it to any particular period. This was rejected by eight +States; Georgia, South Carolina, and I think North Carolina, voting for +it. + +"We were then told by the delegates of the two first of those States, that +their States would never agree to a system which put it in the power of +the General Government to prevent the importation of slaves, and that +they, as delegates from those States, must withhold their assent from such +a system. + +"A committee of one member from each State was chosen by ballot to take +this part of the system under their consideration, and to endeavor to +agree upon some report which should reconcile those States; to this +committee also was referred the following proposition, which had been +reported by the Committee of Detail, namely: 'No navigation act shall be +passed without the assent of two-thirds of the members present in each +House;' a proposition which the staple and commercial States were +solicitous to retain, lest their commerce should be placed too much under +the power of the eastern States, but which these last States were as +anxious to reject. This committee, of which also I had the honor to be a +member, met and took under their consideration the subjects committed to +them. I found the _eastern_ States, notwithstanding their _aversion to +slavery_, were very willing to indulge the southern States at least with +temporary liberty to prosecute the _slave trade_, provided the southern +States would in their turn gratify them, by laying no restriction on +navigation acts, and after a very little time, the committee, by a great +majority, agreed on a report, by which the General Government was to be +prohibited from preventing the importation of slaves for a limited time, +and the restrictive clause relative to navigation acts was to be omitted." + +Mr. LANDRUM. Now, Mr. Chairman, we are asked to legislate to exclude +slavery from the Territories, because slavery is a moral wrong, because it +is a sin against God, and because it is a crime against humanity. And we +are invoked to adopt that legislation by the example of our forefathers. + +Now, what precedent do they furnish us in this clause of the Constitution? +The Constitution of the United States did make regulations in regard to +the slavery question. One of those regulations was to permit the African +slave trade until the year 1808. Now, sir, was there anything so morally +wrong in the African slave trade; was it any such crime against humanity +as to deter the ancestors of those gentlemen from coming into a Union +which permitted the African slave trade? Why, sir, Massachusetts, +Connecticut, and New Hampshire, voted to extend the limitation against the +prohibition of that traffic from 1800 to 1808. Does the honorable chairman +of this committee (Mr. BUFFINGTON) blush for his ancestors because they +knew so little of the primary truths of common morality, as expounded by +the gentleman from Connecticut, (Mr. FERRY,) in the commencement of this +debate, soon after the organization of this House, in voting such a +provision as that? + +The State of Massachusetts was a sovereign State before she entered into +this Confederacy, unabridged by any limitation. She could have prevented +her citizens then, as the United States does now, from participating in +the slave trade even between foreign ports in foreign nations; and yet +your ancestors not only voted with South Carolina and Georgia, who refused +to come into the Union unless the African slave trade was permitted so +long as they desired it, but in coming into that Union, it gave to the +citizens of Massachusetts, too, a like authority to engage in that trade. + +What a sin against God, what a crime against humanity, did these +Massachusetts legislators vote to perpetuate! And yet, I imagine, the +honorable Chairman is proud of his ancestors; and we are told now that +because we will not join you in the hue-and-cry against slavery, and do +not legislate to exclude slavery from the Territories, we are the authors +of the evils with which the country is afflicted. You are not satisfied +with our silence, our inaction; you say that we want to perpetuate a crime +against humanity, and have departed from the lesson of wisdom inculcated +by our ancestors. + +Sir, I believe in the teachings of the ancient patriots. I take their +precedents, and although not _now_ in favor of the reopening of the +African slave trade, because it is inexpedient, (though, as I do not +consider the question before the country, I confess I have not studied +it,) yet I venerate those legislators who sacrificed their prejudices in +order that they might get South Carolina and Georgia into the Union, who +refused to come in without it. + +The gentleman from Connecticut, who first opened this debate, and who, I +believe, is not now in his seat, remarked in his speech, that evil, +disguised in whatever form it might be, would only produce evil; and +therefore you must first lay down a moral code, and no matter what results +it apparently leads you to, you must never violate it. Sir, his ancestors +told a different tale. They said, in admitting South Carolina and Georgia +into the Union, that, although they objected to the slave trade, more good +would be accomplished than by prohibiting the slave trade and losing those +two States. + +That is the policy which guided our ancestors; and now, what do we ask? +What does the Democratic party ask? Do we ask this Government to legislate +slavery into the Territories? We have never made any such demand. We have +never _yet_ asked anything of this Government but to let it alone. And I +assure you, that New Hampshire, Massachusetts, and Connecticut, voted to +perpetuate the slave trade, and to give her citizens the right to engage +in it from 1800 to 1808, by that clause in the Constitution which gives +the citizens of each State the rights of the citizens of every other +State. She relinquished the power which they had to forbid her own +citizens from participating in the slave trade, and opened the door to +them. That is what your ancestors did in the Constitution under which this +Government was formed, and which is the basis of all its legislation. And +yet, you can give no legislative encouragement to slavery; you must +exclude it wherever you have the power to exclude it, not as a matter of +policy--at least that is not the ground upon which you base your +action--but because it is a moral wrong, and a crime against humanity. + +But is that all the legislation in the Constitution about slavery? Why, +sir, they inserted a clause in the Constitution authorizing the recapture +of fugitive slaves when they entered the sovereign territory of these New +England States which have now such an aborrence of the doctrine. As the +meaning of that clause has been a subject of dispute, I ask the Clerk to +read a short extract from the debates in the Virginia convention which +adopted the Constitution, in which Mr. Madison explained the meaning of +it. I hope I shall be able to show that we have some first-rate +pro-slavery legislation in the Constitution before I get through with this +argument. + +The Clerk read, as follows: + +"At present, if any slave elopes to any of those States where slaves are +free, he becomes emancipated by their laws. For the laws of the States are +uncharitable to one another in this respect. But in this Constitution, 'no +person held to service or labor in one State, under the laws thereof, +escaping into another, shall, in consequence of any law or regulation +therein, be discharged from such service or labor; but shall be delivered +up on claim of the party to whom such service or labor may be due.' This +clause was expressly inserted to enable owners of slaves to reclaim them. +This is a better security than any that now exists. No power is given to +the General Government to interpose with respect to the property in slaves +now held by the States. The taxation of this State being equal only to its +representation, such a tax cannot be laid as he supposes. They cannot +prevent the importation of slaves for twenty years; but after that period +they can. The gentlemen from South Carolina and Georgia argued in this +manner: 'We have now liberty to import this species of property, and much +of the property now possessed has been purchased or otherwise acquired in +contemplation of improving it by the assistance of imported slaves. What +would be the consequence of hindering us from it? The slaves of Virginia +would rise in value, and we would be obliged to go to your markets.' I +need not expatiate on this subject. Great as the evil is, a dismemberment +of the Union would be worse. If those States should disunite from the +other States, for not including them in the temporary continuance of this +traffic, they might solicit and obtain aid from foreign Powers." + +Mr. LANDRUM. Yes, Mr. Chairman, those were the motives that influenced the +framers of the Constitution. The several States of New England which, +according to the testimony of Mr. Madison, had up to that time refused to +deliver up fugitive slaves, voluntarily renounced the right of prohibiting +it, and voted that the slave-catcher should have authority to enter +therein, and carry back his slave to bondage. Do I want any better +pro-slavery men than these? Where, sir, was this notion of "a sin against +God and a crime against humanity" when they voted for that clause? + +I will again refer to the remark of the gentleman from Connecticut, which +I know he will not apply to his ancestors in Connecticut who voted for +this pro-slavery provision--that "evil, disguised under whatever form it +may be, can be productive only of evil." He would not denounce his +ancestors as hypocrites because they left out of the Constitution the +weird "slave;" for Mr. Roger Sherman says that the expression was +objectionable "to ears polite," I suppose. Mr. Madison and Mr. Yates tell +us what they meant by the description "held to service or labor." I know +the gentleman would not say that his ancestors were disguising in a +particular name an evil, and thereby adopting it. + +No, sir; slavery was a good thing; but it had a bad name, according to the +polite phraseology of the day, and, knowing that "a rose by any other name +would smell as sweet," they changed the term "slave" to that of a "person +held to service or labor." + +But, sir, in regard to this African slave trade provision, it was esteemed +so important that, although provision was made for an amendment to the +Constitution, applying to almost everything else within its compass, +except, I believe, to the clause, that no State should be deprived of her +equal representation in the Senate without her consent, this precious +article of the slave trade clause was not to be interfered with, under any +circumstances, prior to the year 1808. + +I think, Mr. Chairman, I have disposed of the religious argument, the +moral argument, the conscience argument against slavery, derived from the +lessons taught by the example of our forefathers. Do not tell me any more +that Mr. Madison thought slavery was an evil; because these thoughts +controlled not the action of his public position. Do not tell me that +Washington and Jefferson were opposed to slavery abstractly, after that; +because we find even New England men, with all their prejudices, as good +pro-slavery men as South Carolina and Georgia wanted--for they were the +only States that made a question on this African slave trade. Whatever +future congressional protection to property may become necessary, all that +we have ever _yet_ asked, Mr. Chairman, is that Congress shall not +legislate at all on the question of slavery in the Territories. But your +patriotic forefathers did legislate. They legislated to protect the +African slave trade. They gave permission to the citizens of Massachusetts +to enter into the slave trade along with the citizens of South Carolina +and Georgia, and they gave us a fugitive slave law. That is the sort of +legislation which they gave us in the Constitution, which is the basis of +the Government under which we live. + +There are other clauses in the Constitution, sir, which show that this +matter of slavery was not neglected. In the apportionment of direct +taxation and representation, it was stipulated that three-fifths of the +slaves should be represented on this floor. They were noticed, and noticed +as a degraded class, as unequal to free men; because, if they had been +considered equal to free men we would have been entitled to full +representation for them on this floor. But, sir, they were treated as a +degraded class--as a class unequal to free men. Their masters were given a +representation in this House in proportion to three-fifths of their +numbers, and the direct taxation was to be assessed at the same ratio on +the slave States. Now, I allude to this subject, not to show boastingly, +as it has been said on this floor, that we have a slave representation +here. In that very provision of the Constitution the people of the +northern States derived all the advantage--the people of the southern +States all the loss; for no money, scarcely, has ever been raised by +direct taxation. The money for the support of the Government is collected +in an entirely different manner. If taxes were assessed on that principle, +by a system of direct taxation, we would have derived some benefit from +the three-fifth provision; but, as it is, you derive all the advantage, +and we none of it. + +The principle which governed the convention in inserting that provision +was the belief that this was the proportion in which the labor of the +slave contributed to the wealth of the country, comparatively to that of +the free man; and as, according to the political doctrines of that day, +taxation and representation went hand in hand, and as a slave produced +only three-fifths as much annual income as a free man, their masters were +only entitled to that much representation. So it is in the electoral +college. There the slaves are enumerated in the same proportion, and their +masters are deprived of a voice to that extent. + +In that connection I want to have read the opinions of a venerable +gentleman, whose authority will not be disputed upon this floor by the +Republican party--the opinions of Mr. John Adams. The Clerk will read from +the Madison Papers, page 29. + +The Clerk read, as follows: + +"Mr. John Adams observed, that the numbers of people were taken by this +article as an index of the wealth of the State, and not as subjects of +taxation. That as to this matter it was of no consequence by what name you +called your people, whether by that of freemen or of slaves. That in some +countries the laboring poor were called freemen, in others they were +called slaves; but that the difference as to the State was imaginary only. +What matters it whether a landlord employing ten laborers on his farm +gives them annually as much money as will buy them the necessaries of +life, or give them those necessaries at short hand? The ten laborers add +as much wealth annually to the State, increase its exports as much, in the +one case as the other. Certainly five hundred freemen produce no more +profits, no greater surplus for the payment of taxes, than five hundred +slaves. Therefore the State in which are the laborers called freemen, +should be taxed no more than that in which are those called slaves. +Suppose, by any extraordinary operation of nature or of law, one-half the +laborers of a State could, in the course of one night, be transformed into +slaves, would the State be made the poorer, or the less able to pay taxes? +That the condition of the laboring poor in most countries--that of the +fisherman, particularly, of the northern States--is as abject as that of +slaves. It is the number of laborers which produces the surplus for +taxation; and numbers, therefore, indiscriminately, are the fair index of +wealth. That it is the use of the word 'property' here, and its +application to some of the people of the State, which produces the +fallacy. How does the southern farmer procure slaves? Either by +importation or by purchase from his neighbor. If he imports a slave, he +adds one to the number of laborers in his country, and proportionably to +its profits and abilities to pay taxes; if he buys from his neighbor, it +is only a transfer of a laborer from one farm to another, which does not +change the annual produce of a State, and therefore should not change its +tax; that if a northern farmer works ten laborers on his farm, he can, it +is true, invest the surplus of ten men's labor in cattle; but so may the +southern farmer working ten slaves. That a State of one hundred thousand +freemen can maintain no more cattle than one of one hundred thousand +slaves; therefore they have no more of that kind of property. That a slave +may, indeed, from the custom of speech, be more properly called the wealth +of his master, than the free laborer might be called the wealth of his +employer; but as to the State, both were equally its wealth, and should +therefore equally add to the quota of its tax. + +"Mr. Harrison proposed, as a compromise, that two slaves should be counted +as one freeman. He affirmed that slaves did not do as much work as +freemen, and doubted if two effected more than one. That this was proved +by the price of labor, the hire of a laborer in the Southern Colonies +being from L8 to L12, while in the Northern it was generally L24." + +Mr. LANDRUM. If we had a representation on this floor, as we ought to +have, on a total population basis, we should have sixteen additional +members, and the same additional number in the electoral college. + +Well, sir, the Republican party has attempted to incorporate an additional +provision into the Constitution. Those clauses which have especially +provided for African slavery it is impossible to repeal; but into those +where slavery is not mentioned, they have attempted to interpolate a new +clause. The Constitution has provided that new States may be admitted into +the Union. In a Confederacy of one-half slave States and one-half free +States, or nearly in that proportion, and when there is a provision in the +Constitution that new States may be admitted into the Union, _without +qualification_, one would naturally suppose that there would be no more +restriction upon the admission of a slave State than upon the admission of +a free State. + +Yet, sir, gentlemen on the other side propose to construe the Constitution +as if there were really there a restrictive clause against the admission +of any more slave States. And when we oppose that step they turn around +and say to us that we are the cause of all this excitement. It is they who +have caused the trouble. Like the old English gentleman in the play, they +say they are the best natured men in the world if we will only give them +their own way. All they want is to be permitted to have their own way, and +then there will be no excitement. We say that, as the Confederacy +consisted originally of free States and slave States, each new State, when +applying for admission, has the right to regulate the matter for herself. +You, gentlemen of the other side, say that, unless the new State prohibits +slavery, she shall not be admitted. + +Look at another clause of the Constitution: + +"The Congress shall have power to dispose of and make all needful rules +and regulations respecting the territory or other property of the United +States." + +There is not a word there as to whether slavery shall be tolerated in +these Territories or not. + +Such are the views, Mr. Chairman, and such the example of our forefathers +when they framed the Constitution. I take those examples of our +forefathers, and their legislative action under it, for my precedents. I +care not what their private opinions may have been; I want to know what +their legislative conduct was when they were acting on oath, for they were +men who regarded their oaths. They were men, sir, who did not believe that +the Constitution they framed would be contrary to the higher law, and that +it would be consistent with their oath of office to violate it. + +Well, Mr. Chairman, what further was the action of the fathers under the +Constitution of the United States. I will refer back to one memorable +example which goes behind that instrument. In the treaty with the British +Government it was stipulated that the British should not carry away any +negroes or _other property_ of the American citizens. John Jay, John +Adams, and Benjamin Franklin signed that treaty; and this, sir, was the +language they used: + +The British "shall not carry away the negroes or other property belonging +to the people of the United States." + +Yet we are told that, according to the doctrine of our forefathers, there +can be no such thing as property in man. The language I have quoted occurs +first in the preliminary articles in 1782, and again in the treaty of +peace which was signed in 1783. + +Kentucky was admitted into the Union as a slave State, without objection, +on the 4th of February, 1791. Now, if you had the right to exclude +Missouri because she tolerated slavery, why did you not have the same +right to exclude Kentucky? Why were conscientious scruples abandoned in +the case of Kentucky, and the Territory of Virginia given, by the +detaching of Kentucky, four Senators in the Senate of the United States, +instead of two? Our forefathers--yours and mine--voted for the admission +of Kentucky as a slave State. It will not do to say that slavery already +existed in Kentucky; because, if slavery be a sin and a crime and a curse, +then, according to your doctrine, it ought not to have been extended by +giving the slave States additional representation and power in the Senate +of the United States. + +Why, sir, if it would have been bad faith to have excluded Kentucky, was +it not bad faith to exclude Missouri? Because in the ordinance +establishing the territorial government of Missouri, in 1812, there was no +Wilmot proviso, no prohibition of slavery? But slavery was permitted, as +we ask it shall be permitted now; it was protected by the courts, and no +complaint was urged within the Territory of Missouri, in regard to this +question of slavery until she applied for admission into the Union. If +your anti-slavery party, which I charge is the cause of all the evils with +which this country is afflicted, was right then in excluding Missouri, +because she did not abolish slavery, your forefathers were wrong in +admitting Kentucky. Either they were wrong and you are right, or you are +wrong and they were right. Between the two I have no hesitation in my +choice. Regarded as patriots, regarded as intelligent men, considered as +men who regarded their oaths, I have no hesitation in saying I believe +they were equally as honest as the Republican party of the present day. + +In 1793 they gave us the fugitive slave law, there being only seven votes +in opposition to it, and some of those were from the South, I think--a +law, which if we attempt to enforce in the northern States we are met by +mobs, and bloodshed frequently follows. No southern man dares go into some +portions of the northern States and attempt to execute this law, except at +the peril of his life. + +Such was the action of the founders of the republic, whose example we are +constantly called upon to imitate. Tennessee was admitted in 1796, with +slavery. The Territory of Mississippi was organized in 1798, by the +application of the ordinance of 1787 to that Territory, and the +restriction as to slavery removed. That was legislation under the +Constitution. These are the precedents we are to follow; and we are not to +go behind the Constitution and follow the precedent of 1787, when the +relation of the States to each other was entirely different from what it +is now under the Constitution. + +Ah! but you say, Mr. Jefferson thought slavery was a great wrong. But the +acquisition of Louisiana in 1804 was a great right. Mr. Jefferson was then +President of the republic. He represented the people of the free States, +and he represented the people of the slave States; and no matter what his +private opinion might have been upon the question of slavery, or upon the +question of religion, or upon any other question, we, as legislators +sitting in this Hall, acting under oath, as he did, have nothing to do +with your private opinions upon the subject; but we have something to do +with your legislative action; and I call upon you, acting under oath, as +Jefferson did, to imitate his example. He acquired Louisiana through the +instrumentality of Livingston and Monroe, who signed the treaty. Slavery +existed in the Territory of Louisiana by the treaty by which she was +acquired, and by that her inhabitants were guarantied their rights of +property. + +Louisiana was admitted into the Union, in 1812, as a slave State. I know +that specious objections are made in these cases. The objection has been +made that in Tennessee, in Kentucky, and in Mississippi, slavery already +existed; but, acting upon the principle upon which gentlemen here propose +to legislate, that whatever is wrong and evil can produce nothing but +evil--and you must follow it to its results, no matter where it leads +you--no question of policy can be entertained. Why did these eminent +opponents of slavery, as they are called, and to whose opinions we are +constantly referred, increase the slave power, and encourage slavery +aggression, as you term it? The only aggression slaveholders have ever +made upon the free States is a demand that they should let this matter +alone. Why do not members of Congress, assembled within these Halls, +imitate the legislation of these men? I assure you, there was no such +restrictive legislation in the Constitution, nor under the Constitution, +up to 1820; for in 1813, under the administration of Madison, I believe, +slaves were recognized as property, and taxed by the Government; and in +1814, in the treaty of peace with Great Britain, it is again expressly +stipulated that all slaves and other _private property_--I use the very +language of the treaty--in the possession of either of the belligerent +parties, should be returned to the other, which shows that they had no +constitutional or conscientious scruples against _protecting_ slave +property. + +And yet we are told that we are the cause of all these mischiefs, because +we do not join with you in the declaration that there can be no such thing +as property in man; and that we have departed from the example of our +forefathers in not joining in that declaration. Sir, I would not use an +unparliamentary phrase; I would not say one word calculated to widen the +breach which now exists between the different members of this Confederacy, +for God knows no one deprecates it more than I do; but I do say that +intelligent gentlemen who stand upon this floor and make that declaration, +ignore the whole legislation of this Government, from the formation of the +Constitution up to the Missouri difficulty, in 1820. I say, if they are +familiar with the legislative acts of their forefathers, they must know +they are uttering that which is not true, when they say their example +teaches us that we should oppose slavery in every shape and form in which +we have legislative power. + +Mississippi was admitted into the Union in 1817, and no objection was +raised that she was a slave State. But it was in 1819-'20 that the +struggle began for which you propose to hold us responsible. Why, sir, +after the Government had gone on thirty years without question, having +never asked, when a State applied for admission, whether she was free or +whether she was slave; while the whole country was living in harmony and +brotherly love and affection; while the southern State was proud of the +prosperity and happiness of the northern State, and the people of the +northern States rejoiced at the prosperity of the people of the South, +this hydra-headed monster of anti-slavery was then first produced; and +from that day to this, it may be said, + + "Black it stood as night, + Fierce as ten furies, terrible as hell," + +and has shaken the bonds of this Union from one end to the other. + +What was the cause of the agitation of 1820? After you had encouraged the +citizens of Virginia and Kentucky and other States to settle in Missouri, +by protecting slave property in the courts of justice, you turned round +and said that Missouri should not be admitted unless she relinquished the +right thereafter to hold slaves; and you kept her out of the Union for one +year. The South, with that compromising and generous spirit which has ever +characterized them--I say so in no spirit of egotism, for I am describing +the people whom I represent--came forward and executed that memorable +relinquishment, agreeing that slavery should not go north of 36 deg. 30' if +you would permit Missouri to come into the Union. While we have voted for +the admission of free State after free State, without making it a +question; while we were then ready to vote for the admission of Maine, you +turned round and ungenerously--what your motives may have been God only +knows; whether to promote your political power or not it is not for me to +say--forbid Missouri coming into the Union unless she relinquished the +right to hold slaves. + +Now, sir, who departed from the lessons of wisdom taught by the fathers of +the republic? Most of them slept in their tombs, and a wiser and purer and +holier race (in their own estimation) had supplanted them; and "the sin +against God and the crime against humanity" had to be blotted from +Missouri, or she could hold no place in the Union. + +However, you made a good trade, and then the objection to the "sin against +God and the crime against humanity" was waived for a consideration. You +excluded the people of the South from all the territory north of 36 deg. 30', +and then Missouri was admitted into the Union with slavery. + +[Here the hammer fell.] + +Mr. LANDRUM. I would thank the committee to extend my time for ten minutes +longer. + +General assent was given. + +Mr. LANDRUM. I shall have to pass over a number of points which I should +have liked to touch on, and will only make this remark: that having all +the time a majority in the House of Representatives, and having secured an +ultimate preponderance in the Senate, you passed the tariff bills of 1824 +and 1828, in which the southern section, now securely in the minority, +were to be made tributary to promote and pamper the industry of the North. +Then came the opposition to the annexation of Texas, because it was a +slave State. Then came the Wilmot proviso for Oregon, and for the +territory acquired from Mexico. Then followed the struggle of 1856, when +you boldly inscribed on your banner, "No more slave States to be admitted +into the Union." At all events, you insisted on "prohibition to slavery in +the Territories," and announced that our system of labor was a "twin relic +of barbarism" with polygamy. Then followed the enunciation, in the +platform of a great popular party, which struggled almost successfully for +the government of the country, that the whole people of the South who +owned slaves were living in that state of pollution and degradation which +characterizes the polygamist. + +Yet we are told that we are the cause of all the trouble, because we do +not join in the hue-and-cry. Now, sir, what is the state of parties? The +greatest man, perhaps, of the Republican party--certainly the greatest in +influence, and the one whose prospects are first for the Presidency--has +declared that the three billions of property which we own must be +destroyed, stating that "you and I must do it," meaning that it must be +done by the present generation. Then follows the resolution of the +gentleman from Ohio, [Mr. BLAKE,] voted for by sixty members of the House, +declaring that slavery ought to be abolished wherever the Government has +the power to do it. + +The gentleman from Connecticut [Mr. FERRY] will recollect his declaration +that some of us may live to see the day when this Confederacy may consist +of fifty sovereignties; and when that day comes, it will be their duty, +according to the principles of the Republican party, to change the +Constitution and to abolish slavery. And yet gentlemen seem to wonder that +the people of the South are talking about new guards for their safety. +Sir, the maxim laid down by Jefferson, that governments should not be +abolished for light or transient causes, is most true; but no less true is +the maxim that a people are always disposed to endure evils so long as +they are endurable, rather than right themselves by abolishing the forms +of which they are accustomed. Sir, what may be the action of Louisiana, in +any contingency that may arise, it is not for me to state. + +I believe that the people of my State have too much at stake to attempt to +change their present institutions, or to make any new arrangement for +light or transient causes. We have an immense wealth, a vast commerce, a +city trading with all the States of the Union, whose forests of masts, +from which float the flags of all nations, denote that her commerce is +coextensive with the globe. The levee of her commercial emporium literally +trembles, in a frontage of nine miles, beneath the superincumbent masses +of merchandise. Reluctantly, most reluctantly, would that people take any +steps which by possibility could involve us in civil war and commotion; +and great, indeed, must have been their apprehension when they adopted, in +convention, March 15, 1860, the following resolution: + +"That, in case of the election of a President on the avowed principles of +the Black Republican party, we concur in the opinion that Louisiana should +meet in council her sister slaveholding States, to consult as to the means +of future protection." + +I have no idea that I am mistaken, when I state that no action will be +taken under that resolution, except on the most mature deliberation. But, +sir, whenever the people of Louisiana believe that their institutions are +in danger, and that it is the deliberate purpose of those who may get +control of the Government to spread over them that dark and benighted pall +which hangs like an incubus over the Central and South American republics +and the West India Islands that have emancipated their slaves, I tell you +they will act, and act effectually, too, for their protection and +security. And whatever course the majority of her people may choose to +take, her sons will sustain it with their lives, their fortunes, and their +sacred honor. + +THOS. MCGILL, Print. + + + + + + +End of the Project Gutenberg EBook of The Slavery Question, by John M. 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