Abraham Lincoln

It was argued by Patrick Henry in the Convention in Virginia, as follows:

"May not Congress enact that every black man must fight? Did we not see a little of this in the last war? We were not so hard pushed as to make emancipation general. But acts of Assembly passed, that every slave who would go to the army should be free. Another thing will contribute to bring this event about. Slavery is detested. We feel its fatal effects. We deplore it with all the pity of humanity. Let all these considerations press with full force on the minds of Congress. Let that urbanity which, I trust, will distinguish America, and the necessity of national defence – let all these things operate on their minds, they will search that paper, and see if they have power of manumission. And have they not, sir? Have they not power to provide for the general defence and welfare? May they not think that these call for the abolition of slavery? May they not pronounce all slaves free, and will they not be warranted by that power? There is no ambiguous implication, no logical deduction. The paper speaks to the point; they have the power in clear, unequivocal terms, and will clearly and certainly exercise it." – 3 Elliott's Debates, 534.

Edmund Randolph, one of the framers of the Constitution, replied to Mr. Henry, admitting the general force of the argument, but claiming that, because of other provisions, it had no application to the States where slavery then existed; thus conceding that power to exist in Congress as to all territory belonging to the United States.

Dr. Ramsay, a member of the Convention of South Carolina, in his history of the United States, vol. 3, pages 36, 37, says: "Under these liberal principles, Congress, in organizing colonies, bound themselves to impart to their inhabitants all the privileges of coequal States, as soon as they were capable of enjoying them. In their infancy, government was administered for them without any expense. As soon as they should have 60,000 inhabitants, they were authorized to call a convention, and, by common consent, to form their own constitution. This being done, they were entitled to representation in Congress, and every right attached to the original States. These privileges are not confined to any particular country or complexion. They are communicable to the emancipated slave (for in the new State of Ohio, slavery is altogether prohibited), to the copper-colored native, and all other human beings who, after a competent residence and degree of civilization, are capable of enjoying the blessings of regular government."

12

– The Act of 1789, as reported by the Committee, was received and read Thursday, July 16th. The second reading was on Friday, the 17th, when it was committed to the Committee of the whole house, "on Monday next." On Monday, July 20th, it was considered in Committee of the whole, and ordered to a third reading on the following day; on the 21st, it passed the House, and was sent to the Senate. In the Senate it had its first reading on the same day, and was ordered to a second reading on the following day (July 22d), and on the 4th of August it passed, and on the 7th was approved by the President.

13

– The "sixteen" represented these States: Langdon and Oilman, New Hampshire; Sherman and Johnson, Connecticut; Morris, Fitzsimmons, and Clymer, Pennsylvania; King, Massachusetts; Paterson, New Jersey; Few and Baldwin, Georgia; Bassett and Read, Delaware; Butler, South Carolina; Carroll, Maryland; and Madison, Virginia

14

– Vide note 3, ante.

15

– Chap. 28, § 7, U.S. Statutes, 5th Congress, 2d Session.

16

– Langdon was from New Hampshire, Read from Delaware, and Baldwin from Georgia.

17

– Chap. 38, § 10, U.S. Statutes, 8th Congress, 1st Session.

18

– Baldwin was from Georgia, and Dayton from New Jersey.

19

– Rufus King, who sat in the old Congress, and also in the Convention, as the representative of Massachusetts, removed to New York and was sent by that State to the U.S. Senate of the first Congress. Charles Pinckney was hi the House, as a representative of South Carolina.

20

– Although Mr. Pinckney opposed "slavery prohibition" in 1820, yet his views, with regard to the powers of the general government, may be better judged by his actions in the Convention:

FRIDAY, June 8th, 1787. – "Mr. Pinckney moved 'that the National Legislature shall have the power of negativing all laws to be passed by the State Legislatures, which they may judge improper,' in the room of the clause as it stood reported.

"He grounds his motion on the necessity of one supreme controlling power, and he considers this as the corner-stone of the present system; and hence the necessity of retrenching the State authorities, in order to preserve the good government of the national council." – T. 400, Elliott's Debates.

And again, THURSDAY, August 23d, 1787, Mr. Pinckney renewed the motion with some modifications. – T. 1409. Madison Papers.

And although Mr. Pinckney, as correctly stated by Mr. Lincoln, "steadily voted against slavery prohibition, and against all compromises," he still regarded the passage of the Missouri Compromise as a great triumph of the South, which is apparent from the following letter:

CONGRESS HALL, March 2d, 1820, 3 o'clock at night.

DEAR SIR: – I hasten to inform you, that this moment we have carried the question to admit Missouri, and all Louisiana to the southward of 36° 30', free from the restriction of slavery, and give the South, in a short time, an addition of six, perhaps eight, members to the Senate of the United States. It is considered here by the slaveholding States as a great triumph.

The votes were close – ninety to eighty-six – produced by the seceding and absence of a few moderate men from the North. To the north of 36° 30,' there is to be, by the present law, restriction; which you will see by the votes, I voted against. But it is at present of no moment; it is a vast tract, uninhabited, only by savages and wild beasts, in which not a foot of the Indian claims to soil is extinguished, and in which, according to the ideas prevalent, no land office will be opened for a great length of time.

With respect, your obedient servant,

CHARLES PINCKNEY.

But conclusive evidence of Mr. Pinckney's views is furnished in the fact that he was himself a member of the Committee which reported the Ordinance of '87, and that on every occasion, when it was under the consideration of Congress, he voted against all amendments. —Jour. Am. Congress, Sept. 29th, 1786. Oct. 4th. When the ordinance came up for its final passage, Mr. Pinckney was sitting in the Convention, and did not take any part in the proceedings of Congress.

21

– By reference to notes 4, 6, 10, 13, 15, and 16 it will be seen that, of the twenty-three who acted upon the question of prohibition, twelve were from the present slaveholding States.

22

– Vide notes 5 and 17, ante.

23

– "The remaining sixteen" were Nathaniel Gorham, Massachusetts; Alex. Hamilton, New York; William Livingston and David Brearly, New Jersey; Benjamin Franklin, Jared Ingersoll, James Wilson, and Gouverneur Morris, Pennsylvania; Gunning Bedford, John Dickinson, and Jacob Broom, Delaware; Daniel, of St. Thomas, Jenifer, Maryland; John Blair, Virginia; Richard Dobbs Spaight, North Carolina; and John Rutledge and Charles Cotesworth Pinckney, South Carolina.

24

– "The only distinction between freedom and slavery consists in this: in the former state, a man is governed by the laws to which he has given his consent, either in person or by his representative; in the latter, he is governed by the will of another. In the one case, his life and property are his own; in the other, they depend upon the pleasure of a master. It is easy to discern which of the two states is preferable. No man in his senses can hesitate in choosing to be free rather than slave… Were not the disadvantages of slavery too obvious to stand in need of it, I might enumerate and describe the tedious train of calamities inseparable from it. I might show that it is fatal to religion and morality; that it tends to debase the mind, and corrupt its noblest springs of action. I might show that it relaxes the sinews of industry and clips the wings of commerce, and works misery and indigence in every shape." – HAMILTON, Works, vol. 2, pp. 3, 9.

"That you will be pleased to countenance the restoration of liberty to those unhappy men, who, alone in this land of freedom, are degraded into perpetual bondage, and who, amidst the general joy of surrounding freemen, are groaning in servile subjection; that you will devise means for removing this inconsistency from the character of the American people; that you will promote mercy and justice toward this distressed race; and that you will step to the very verge of the power vested in you for discouraging every species of traffic in the persons of our fellow-men." – Philadelphia, Feb. 3rd, 1790. Franklin's Petition to Congress for the Abolition of Slavery.

Mr. Gouverneur Morris said: "He never would concur in upholding domestic slavery. It was a notorious institution. It was the curse of heaven on the States where it prevailed… The admission of slavery into the representation, when fairly explained, comes to this – that the inhabitant of South Carolina or Georgia, who goes to the coast of Africa, and, in defiance of the most sacred laws of humanity, tears away his fellow-creatures from their dearest connections, and damns them to the most cruel bondage, shall have more votes, in a government instituted for the protection of the rights of mankind, than the citizen of Pennsylvania or New Jersey, who views with a laudable horror so notorious a practice… He would sooner submit himself to a tax for paying for all the negroes in the United States than saddle posterity with such a constitution." —Debate on Slave Representation in the Convention. Madison Papers.

25

– An eminent jurist (Chancellor Walworth) has said that "The preamble which was prefixed to these amendments, as adopted by Congress, is important to show in what light that body considered them." (8 Wend. R., p. 100.) It declares that a number of the State Conventions "having at the time of their adopting the Constitution expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added," resolved, etc.

This preamble is in substance the preamble affixed to the "Conciliatory Resolutions" of Massachusetts, which were drawn by Chief Justice Parsons, and offered in the Convention as a compromise by John Hancock. (Life Ch. J. Parsons, p. 67.) They were afterward copied and adopted with some additions by New Hampshire.

The fifth amendment, on which the Supreme Court relies, is taken almost literally from the declaration of rights put forth by the Convention of New York, and the clause referred to forms the ninth paragraph of the declaration. The tenth amendment, on which Senator Douglas relies, is taken from the Conciliatory Resolutions, and is the first of those resolutions somewhat modified. Thus, these two amendments, sought to be used for slavery, originated in the two great anti-slavery States, New York and Massachusetts.

26

– The amendments were proposed by Mr. Madison in the House of Representatives, June 8, 1789. They were adopted by the House, August 24, and some further amendments seem to have been transmitted by the Senate, September 9. The printed journals of the Senate do not state the time of the final passage, and the message transmitting them to the State Legislatures speaks of them as adopted at the first session, begun on the fourth day of March, 1789. The date of the introduction and passage of the act enforcing the Ordinance of '87 will be found at note 9, ante.

27

– It is singular that while two of the "thirty-nine" were in that Congress of 1819, there was but one (besides Mr. King) of the "seventy-six." The one was William Smith, of South Carolina. He was then a Senator, and, like Mr. Pinckney, occupied extreme Southern ground.

28

– The following is an extract from the letter referred to:

"I agree with you cordially in your views in regard to negro slavery. I have long considered it a most serious evil, both socially and politically, and I should rejoice in any feasible scheme to rid our States of such a burden. The Congress of 1787 adopted an ordinance which prohibits the existence of involuntary servitude in our Northwestern Territory forever. I consider it a wise measure. It meets with the approval and assent of nearly every member from the States more immediately interested in slave labor. The prevailing opinion in Virginia is against the spread of slavery in our new Territories, and I trust we shall have a confederation of free States."

The following extract from a letter of Washington to Robert Morris, April, 12th, 1786, shows how strong were his views, and how clearly he deemed emancipation a subject for legislative enactment: "I can only say that there is no man living who wishes more sincerely than I do to see a plan adopted for the abolition of it; but there is but one proper and effective mode by which it can be accomplished, and that is, BY LEGISLATIVE AUTHORITY, and that, as far as my suffrage will go, shall never be wanting."

29

– A Committee of five, consisting of Messrs. Mason, Davis, and Fitch (Democrats), and Collamer and Doolittle (Republicans), was appointed Dec. 14, 1859, by the U.S. Senate, to investigate the Harper's Ferry affair. That Committee was directed, among other things, to inquire: (1) "Whether such invasion and seizure was made under color of any organization intended to subvert the government of any of the States of the Union." (2) "What was the character and extent of such organisation." (3) "And whether any citizens of the United States, not present, were implicated therein, or accessory thereto, by contributions of money, arms, munitions, or otherwise."

The majority of the Committee, Messrs. Mason, Davis, and Fitch, reply to the inquiries as follows:

1. "There will be found in the Appendix a copy of the proceedings of a Convention held at Chatham, Canada, of the Provisional Form of Government there pretended to have been instituted, the object of which clearly was to subvert the government of one or more States, and of course, to that extent, the government of the United States." By reference to the copy of Proceedings it appears that nineteen persons were present at that Convention, eight of whom were either killed or executed at Charlestown, and one examined before the Committee.

2. "The character of the military organization appears, by the commissions issued to certain of the armed party as captains, lieutenants, etc., a specimen of which will be found in the Appendix."

(These Commissions are signed by John Brown as Commander-in-Chief, under the Provisional Government, and by J.H. Kagi as Secretary.)

"It clearly appeared that the scheme of Brown was to take with him comparatively but few men; but those had been carefully trained by military instruction previously, and were to act as officers. For his military force he relied, very clearly, on inciting insurrection amongst the Slaves."

3. "It does not appear that the contributions were made with actual knowledge of the use for which they were designed by Brown, although it does appear that money was freely contributed by those styling themselves the friends of this man Brown, and friends alike of what they styled the cause of freedom (of which they claimed him to be an especial apostle), without inquiring as to the way in which the money would be used by him to advance such pretended cause."

In concluding the report the majority of the Committee thus characterize the "invasion": "It was simply the act of lawless ruffians, under the sanction of no public or political authority – distinguishable only from ordinary felonies by the ulterior ends in contemplation by them," etc.

30

– The Southampton insurrection, August, 1831, was induced by the remarkable ability of a slave calling himself General Nat Turner. He led his fellow bondsmen to believe that he was acting under the order of Heaven. In proof of this he alleged that the singular appearance of the sun at that time was a divine signal for the commencement of the struggle which would result in the recovery of their freedom. This insurrection resulted in the death of sixty-four white persons, and more than one hundred slaves. The Southampton was the eleventh large insurrection in the Southern States, besides numerous attempts and revolts.

31

– In March, 1790, the General Assembly of France, on the petition of the free people of color in St. Domingo, many of whom were intelligent and wealthy, passed a decree intended to be in their favor, but so ambiguous as to be construed in favor of both the whites and the blacks. The differences growing out of the decree created two parties – the whites and the people of color; and some blood was shed. In 1791, the blacks again petitioned, and a decree was passed declaring the colored people citizens, who were born of free parents on both sides. This produced great excitement among the whites, and the two parties armed against each other, and horrible massacres and conflagrations followed. Then the Assembly rescinded this last decree, and like results followed, the blacks being the exasperated parties and the aggressors. Then the decree giving citizenship to the blacks was restored, and commissioners were sent out to keep the peace. The commissioners, unable to sustain themselves, between the two parties, with the troops they had, issued a proclamation that all blacks who were willing to range themselves under the banner of the Republic should be free. As a result a very large proportion of the blacks became in fact free. In 1794, the Conventional Assembly abolished slavery throughout the French Colonies. Some years afterward, the French Government sought, with an army of 60,000 men, to reinstate slavery, but were unsuccessful, and then the white planters were driven from the Island.

32

– Vide Jefferson's Autobiography, commenced January 6th, 1821. JEFFERSON'S Works, vol. 1, p. 49.

33

– "I am not ashamed or afraid publicly to avow that the election of William H. Seward or Salmon P. Chase, or any such representative of the Republican party, upon a sectional platform, ought to be resisted to the disruption of every tie that binds this Confederacy together. (Applause on the Democratic side of the House.)" Mr. Curry, of Alabama, in the House of Representatives.

"Just so sure as the Republican party succeed in electing a sectional man, upon their sectional, anti-slavery platform, breathing destruction and death to the rights of my people, just so sure, in my judgment, the time will have come when the South must and will take an unmistakable and decided action, and then he who dallies is a dastard, and he who doubts is damned! I need not tell what I, a Southern man, will do. I think I may safely speak for the masses of the people of Georgia – that when that event happens, they, in my judgment, will consider it an overt act, a declaration of war, and meet immediately in convention, to take into consideration the mode and measure of redress. That is my position; and if that be treason to the Government, make the most of it." —Mr. Gartell, of Georgia, in the House of Representatives.

"I said to my constituents, and to the people of the capital of my State, on my way here, if such an event did occur," [i. e., the election of a Republican President, upon a Republican platform], "while it would be their duty to determine the course which the State would pursue, it would be my privilege to counsel with them as to what I believed to be the proper course; and I said to them, what I say now, and what I will always say in such an event, that my counsel would be to take independence out of the Union in preference to the loss of constitutional rights, and consequent degradation and dishonor, in it. That is my position, and it is the position which I know the Democratic party of the State of Mississippi will maintain." —Gov. McRae, of Mississippi.

"It is useless to attempt to conceal the fact that, in the present temper of the Southern people, it" [i. e., the election of a Republican President] "cannot be, and will not be, submitted to. The 'irrepressible conflict' doctrine, announced and advocated by the ablest and most distinguished leader of the Republican party, is an open declaration of war against the institution of slavery, wherever it exists; and I would be disloyal to Virginia and the South, if I did not declare that the election of such a man, entertaining such sentiment, and advocating such doctrines, ought to be resisted by the slaveholding States. The idea of permitting such a man to have the control and direction of the army and navy of the United States, and the appointment of high judicial and executive officers, POSTMASTERS INCLUDED, cannot be entertained by the South for a moment." —Gov. Letcher, of Virginia.

"Slavery must be maintained – in the Union, if possible; out of it, if necessary: peaceably if we may; forcibly if we must." —Senator Iverson, of Georgia.

"Lincoln and Hamlin, the Black Republican nominees, will be elected in November next, and the South will then decide the great question whether they will submit to the domination of Black Republican rule – the fundamental principle of their organization being an open, undisguised, and declared war upon our social institutions. I believe that the honor and safety of the South, in that contingency, will require the prompt secession of the slaveholding States from the Union; and failing then to obtain from the free States additional and higher guaranties for the protection of our rights and property, that the seceding States should proceed to establish a new government. But while I think such would be the imperative duty of the South, I should emphatically reprobate and repudiate any scheme having for its object the separate secession of South Carolina. If Georgia, Alabama, and Mississippi alone – giving us a portion of the Atlantic and Gulf coasts – would unite with this State in a common secession upon the election of a Black Republican, I would give my consent to the policy." —Letter of Hon. James L. Orr, of S.C., to John Martin and others, July 23, 1860.

34

– The Hon. John A. Andrew, of the Boston Bar, made the following analysis of the Dred Scott case in the Massachusetts Legislature. Hon. Caleb Cushing was then a member of that body, but did not question its correctness.

"On the question of possibility of citizenship to one of the Dred Scott color, extraction, and origin, three Justices, viz., Taney, Wayne, and Daniels, held the negative. Nelson and Campbell passed over the plea by which the question was raised. Grier agreed with Nelson. Catron said the question was not open. McLean agreed with Catron, but thought the plea bad. Curtis agreed that the question was open, but attacked the plea, met its averments, and decided that a free-born colored person, native to any State, is a citizen thereof by birth, and is therefore a citizen of the Union, and entitled to sue in the Federal Courts.

"Had a majority of the court directly sustained the plea in abatement, and denied the jurisdiction of the Circuit Court appealed from, then all else they could have said and done would have been done and said in a cause not theirs to try and not theirs to discuss. In the absence of such a majority, one step more was to be taken. And the next step reveals an agreement of six of the Justices, on a point decisive of the cause, and putting an end to all the functions of the court.