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E 458
.2 SERVICE OF THE MILITIA.
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Copy 2
SPEECH
HON. JAMES HARLAN, OF IOWA,
DELIVKRED

In the United States Senate, July 11, 1862.


— :

The Senate having uiulcr consideration the bill to amond conspirators on this floor during the last Con-
the act ca'liDg forth the militia to execute the laws of the
gress. If I understood his speech correctly,
Union, to suppress iusurrcctions, and repel invasions
he believes that when the people within the
Mr. HARLA-N said Mr. President, I : limits of any State, with consider?,ble or
think there can be no doubt but that the Pres- practical unanimity, are opposed to the Gov-
ident has the power, under existing hiws, to ernment of the United States, and desire to
call out more troops and he is, probably, act-
; release themselves from its restraints, they have
in'j pursuance of that authority in the inti-
in a right to dissolve the Union and to organize a
mations given to the Governors of the States th;il new Government for themselves.
more would be accepted. One object, I believe, Mr. COWAN. I stated, as I remember most
in passing this bill, is to enable him to call distinctly, that at the outset of this rebellion we
them out for a longer period than the law now had a right to take one of two courses we had
:

authorizes, should he deem it necessary. If this the right to assume that these States were out
billshould become a law it will al.so be an inti- of the Union, and we could, by virtue of our
mation to the President that in the opinion of power as a nation, make war upon the'm could ;

Congress a change of policy is desirable in the make conquest of them, and subjugate them.
particulars that have been referred to by the Bat I desire to say this: that what I suppose
Senators who have spoken this morning. Nor ^as taken to resemble secession was the fact
do I think that such an intimation by Congress that I asserted: proceeding as we did up^n the
ought to be or would be considered by the Pres ground that we would not make conquest and
ideut offensive or undesirable. None who un- subjugation, if, at the end of that time, it was
derstand the frankness of his nature could found that there were no loyal people there, I
entertain Sach an opinion. If, in the opinion said there wp.s an end of it, unless we fell back,
of Congress, any change of policy, however upon our rights anas a nation to make conques-t
small or great, is de.sivable, I have no doubt and subjugation ; and that was the whole of it.
he would be gratified with a clear, unequivocal [ say so still, and am prepared to stand upon.it

expression of that opinion. Hence, if the anywhere. I think it is unexceptionable.


President ha? the power to do all that is con Mr. HARLAN. I did not use the name- of
tem plated by the proposed amendments, their the rebel thief in this connection for the pur-
adoption can do no harm, and may do gorfd. pose of forming an offensive association of
It divides the responsibility ; and should he names, and had no intention of giving offence.
find it necessary to follow this intimation, he I alluded to what appeared to me to be s-imi-

will have the support of Congress. And, on larity of argument, and not similarity of char-
the other hand, if existing laws do not, as acter. And I suppose it possible for the r&bel
some suppose, confer on him this power, it is Davis to entertain correct opinions on the the-
clearly granted by the provisions of this bill ory of government, while his conduct has been
and pending amendments. The people, also, so disastrous to the interests of the nation, and
have a right to know that the President's pol- especially to his own section of the country.
icy is approved by their immediate representa- Abating any offensive features of the allusion,
tives in the national legislature. I therefore I will reiterate that the Senator, as I under-
differ in opinion with the Senator from Penn^ stood him, repeated the arguments of the rebel
sylvania, [Mr, Cowax,| if I understand cor- Senators who occupied seats on the other side
rectly the views presented by him this morning of the Chamber about a year since. They main-
on this point and still more radically in rela-
; tained that the people of a State had the right
tion to the relative rights of the Government 10 dissolve their connection with this Govern-
and the people of the rebellious States. If I .msnt, and either remain as an independent
understood him correctly in the expression of State, assuming a distinct nationality, or to af-
his views on this subject a few days since, they filiate with other States for that purpose that
;

are quite similar to if not identically the same the people of a State of the Union may, at their
as those entertained by Jefferson Davis, and so own election, renounce their allegiance to the
frequently expressed by him and his associate Federal Government without consultation w.ith
<
*l^

thepeople of any other State, or of all the remain tion in the aggregate. The people of the whole
ing States combined that the continuance of
; country have the right, in common, to navigate
the Union depended on the volition or caprice the waters of every part, to carry on commerce,
of the people of each of its parts. I understood and to use either land or water in making a
the Senator to lay down the same premises. common defence against a foreign enemy. The
He said that when this war broke out, every- rivers, harbors, inlets, bays, and forts in Louis-
body supposed that a large part of the people iana, Georgia, or in South Carolina, are as
of the rebellious districts were loyal ; that the much the property of the people of Iowa as of
war was prosecuted on our part to enable these the people of the States named. We are taxed
loyal people to organize and maintain their to improve the one and to construct the other,
State governments under the Constitution, as and have a right to demand that they shall be
heretofore but that if there were no loyal peo
;
held for the common good. Tf-e harbors at
pie in any one of these States, it was the end New Orleans, Charleston, or New York have
of the controversy; that all just Governments not been improved and fortified for the people
derived their powers from the consent of the of those localities alone ;
they are seaports for
governed. Now, Mr. President, as it seems to the people of the interior as much as for those
me, the only conclusion that can be derived of the coast. And in practice it may be quite
from this process of reasoning is, that if the as important for the welfare of the people whom
people of a State, with substantial unanimity, I represent in part that a Ibreign enemy should
desire to secede, they have the right to do so. be met and repelled at New Orleans as at Keo-
Nor do I understand the Senator to have op- kuk or Dubuque.
posed this doctrine this morning. He would Nor do I admit the truth of the Senator's
not have advised the people of any State to se- corollary that harmonious opposition to the
cede; he does not think it was best for them to authority of the United States by the people of
secede be thinks it a great calamity that they
; the rebel States would render it impossible for
should attempt to secede he did not, and per-
; us to crush the rebellion, I know it is fre-
haps does not still, believe that the people of quently asserted that six or eight million peo-
any one &f these States did, with anything like ple, fighting for a specific purpose, can never
unanimity, give their voluntary assent to any be overcome. These assertions, I think, are
act of secession ;
but, nevertheless, if they did, made without reflection, and usually by popu-
in fact, with ordinary unanimity, desire to dis- lar orators from the hustings ; but when made
solve the Union, and are still disloyal, and de- seriously, in a grave, deliberative body, per-
liberately resist the authority of the Govern- haps the public welfare may require a serious
ment of the United States, I understand him to answer. At least members of Congress ought
maintain that we have no constitutional au- to try it, by the light of history before adopting
thority to put them down. I disagree with him. it as a controlling fact in legislating for the

If every inhabitant of any one of the States of perpetuity of a great nation ;


and they need
the Union desired to secede, I do not admit not travel back very far on the page of history
they have the right to dissolve the Union. I to discover how surprisingly naked the false-
maintain that the provision in the Coui-titution hood stands. Ireland was crushed, Scotland was
which says, " the citizens of each State shall be overthrown, and all their people were merged
entitled to all the privileges and immunities of with the English in a common nationality. The
citizens of the several States,'' is in direct con- English themselves have been more than once
flict with that assumption. I claim, as a citi- completely overrun, and were finally subju-
zen of the United States from the State of Iowa, gated, and their whole feudal system com-
that I have a right to the protection of the Uni- pletely changed. Poland has been conquered,
ted States in South Carolina, in Georgia, in divided, and her nationality wiped out, so that
Louisiana, and that it is the duty of this Gov- she no longer has a place among the family of
ernment to afford me the same protection in nations.
any other State of the Union that I can claim Mr, COWAN. Allow me to ask the gentle-
of this Government in the State in which I hap- man whether itwas not the dissensions of Po-
pen to reside. Whenever interest, pleasure, or land, the very fact that she was not united, that
curiosity induces me to enter another State of caused her overthrow ?
the Union, the National Government has pledged Mr, HARLAN, I will answer by asking
me its protection. This is an unconditional where is Hungary, a more recent case of re-
obligation. It does not depend on the people bellion? There were many million people
of the particular locality. I am no less a citi- practically united, a martial people, highly cul-
zen of the United States in South Carolina than tivated, struggling against a despotic power
in Iowa, and my right to claim protection of for their independence, who, within the mem-
person and property, and redress of grievances, ory of these boys acting as pages, have been
is as complete in any other State as in that of crushed by the superior military power of their
my domicil. This view, however, pertains not enemies,
alone to the individual rights of each citizen. Mr, COWAN. If the gentleman will allow
It is equally applicable to the people of the na me, I will refer to Hungary as one of the
strongest examples against his theory. I will while under the leadership of Napoleon the
ask him whether there were not in Hungary Great, France was crushed. The Emperor of
three or four distinct races of men; that the}' the French was carried by his captors to aa
have never been able to unite them in one island in the deep sea, where he lived the cap-
solid compact body 5 and whether it was not tive of jealous kings, and died a prisoner of
by means of their dissensions that the Aus- State. France, standing at the head of the
trians were enabled to overcome them whether nations, was compelled to receive a ruler dic-
;

they do not divide and conquer them always ? tated by her conquerors !

Mr. LANE, of Kansas. If the Senator from Is it necessary to consume more time in refu-
Iowa will permit me, I wish to say but a single tation of the assumption, that if the people of
word. The Senator from Pennsylvania is op- the rebel States are united they cannot be con-
posing a proposition upon this fljor that he quered ? If Ireland could be crushed, if Scot-
well knows will divide and array four million land could be crushed, if England could be
people against six million in these rebellious crushed, if Poland could be crushed, if Hunga-
States. ry could be crushed, if Mexico could be crush-
Mr. HARLAN. Although what the Senator ed, and if France herself could be crushed,
from Pennsylvania .says may be technically why may not twenty-four loyal States crush out
true, that the inhabitants of Hungary, many the rebellion in ten States? If the people of
ages back, may have originated in different the twenty- four loyal States admit their inability,
nationalities, he knows very well that in that it will be a mournful confession of inferiority
struggle they were practically united. The Aus which will make their memory a stench in the
trians never were able to organize a loyal army nostrils of their own posterity.
in Hungary from her own people until they had But, sir, the people of the rebel States are
crushed out the armies led by the Magyars, and not united. The amendments now pending
scattered their leaders as fugitives over the face have been offered on the assumption that there
of the earth. Nor was there any division of the are nearly four million people within the limits
armed inhabitants of Poland to obstruct the of those States who are loyal. Ik all the States
success of her armies in fighting for a nation- tolerating slavery there are said to be four mil-
ality then as old and as firmly established as lion slaves. Excluding Delaware, Mirylaijd,
the other nations of Europe. Poland was Western Virginia, Kentucky, Tennessee, and
crushed because her enemies were able to wield Missouri, probably the negroes are equal to
superior physical power. three sevenths of the entire population. Prob-
But, sir, the history of the world is full of ably two-sevenths of the whole population and
illustrations. Where is Mexico? Ten million of our race, within the limits of these States, are
people practically united, a large part of them loyal or, in the aggregate, five-seventhsjof the
;

of Castilian origin, imperious and martial in whole population, black and white. This is not
spirit and habits, accustomed to the use of arms, an extravagant estimate. We all kaow from
as a profession and for amusement, from child- concurrent history, that a large number of the
hood, inhabiting a country far more ditHcult soldiers in the rebel armies are serving by com-
than the rebel States, and led by a gallant and pulsion and hundreds of thousands of non-com-
;

fiuccesstul general, whose successes had secured batants are compelled by these armed conscripts
him the title of the Napoleon of America, were to submit to the rebel authority, to avoid person-
crushed by your own arms, when your entire al violence and the confiscation of their proper-
population did not equal the present population ty. The folly of our own Government and com-
of the loyal States of the Union. You sent manding generals in the field has exercised no
your armies and munitions of war a thousand small share of influence in producing this re-
miles by sea to invade their homes, and fought sult. We have carefully protected the property
them many hundreds of miles south of New of rebels in both loyal and disloyal States, and
Orleans, and yet, in two short years, you com- have spurned the assistance of the loyal por-
pletely crushed her armies, and scattered them tions of communities under the civil control of
in guerrilla bands to prey on their own people rebel leaders. The object of this bill is to in-
like a cloud of locusts. Her nationality was augurate a different policy to secure the or-
;

80 crushed that your generals were compelled ganization of the loyal people in the disloyal
to organize for them a provisional government districts, under the flag of the Union, and make
with which to make treaties of peace and amity, it the interest of all loyal people to aid in es-
your own government dictating the terms. But, tablishing the supremacy of the C )ns'itution
sir, I need not repeat minor examples. I will and the laws thus adopting in practice the
;

ask the Senator, if F' ranee, within his own adage, " divide and conquer," used in its high-
memory, was not crushed by the opposing est and most honorable sense.
Powers of Europe ? In civilization and refine- This policy is demanded by the highest and
ment, in a knowledge of the arts and sciences, most sacred considerations of humanity. It
in the martial spirit of her people, in the cour- would shorten the struggle, and consequently
age, experience, skill, and renown of her field save hundreds of millions of treasure and tens
marshals, France has no superior; and jet, of thousands of valuable lives. What could be
greater folly than to fight the whole population consequence and of less commercial importance,
of the rebel districts, when only about two- Richmond and Charleston, only remain in the
sevenths are your real enemies ? What but possession of the rebels. The entire coast from
madness or real disloyalty at heart could in- the Rio Grande to the Potomac, and all its de-
dube any commanding general to compel the fences, are in your possession, and are defended
five sevenths, or less, as the case may be, to by strong garrisons. The rebel fleets have been
acquiesce in and indirectly support the rebel- swept from the sea. Not a rebel ship, I believe,
lion ? Is it not a duty that we owe to ourselves, remains afloat to excite the cnpidity of sailor or
as well as to them, to avail ourselves of this marine. Nearly every armed rebel boat has been
proflered aid? captured, sunk, or destroyed. The rebels, I be-
I k'jow some of the Representatives and lieve, have scarcely one gun or man afloat on
Senators from slaveholding States object to the river, harbor, lake, or ocean. While your gallant
arming of colored people, and I will consider Navy has thus effectually destroyed every ves-
these objections presently. tige of rebellion within reach of its guns, your
We have seen, when examined in the light Army has not been idle, a3 is demonstrated in
of history, no sane man could reasonably doubt the general results mentioned. Not to partic-
the ability of the twenty-four loyal States to ularize hundreds of great successes, yet of minor
crush the rebellion in ten States, if the people importance, I might mention the capture of two
of the ten were acting as a unit we have seen
; lai-ge rebel armies, with all their guns, supplies,
also that nothing but the most stupid blind- —
and equipments one at Fort Henry, the other
ness, if not criminality on our part, can secure at Donelson. They have crushed, routed, and
unanimity in the rebel districts hence, that
;
dispersed another at Pea Ridge so that what
•,

we can crush the rebellion spee'^lly if we act remains of the rebel forces west of the Missis-
wisely. If any one doubts the correctness of sippi is a greater curse to their own friends than
this conclusion, let us judge of our ability in annoyance to the Union troops. They have
the future by what we have achieved during crushed and scattered atiother, far more gigan-
the past year. It is little more than a year tic in its proportions, at Corinth, so that noth-
since the war was commenced by the rebels ing much superior to a guerrilla warfare is now
at Fort Sumter, near Charleston. Since then carried on in either Louisiana or Mississippi.
political animosities in all the free States, on Your troops have secured a firm lodgment
which the leaders of the rebellion counted within the limits of every one of the rebel States.
so largely for succor, have been substantially And even in front of Richmond, where the en-
buried ;
and although we commenced almost emy have concentrated all their forces, appa-
without an army and without a navy, whatever rently for a last desperate effort, and where I
there was of rebellious feeling in Delaware has doubt not, on account of thisconcentration,
been suppressed whatever rebellion existed in
;
they outnumbered our own gallant army mo\e
Maryland has been destroyed the rebellion in
; than two to one, after a series of pitched bat-
one-third of Virginia, the western part of Vir- tles, extending over a period of seven or eight
ginia, has been entirely put down, so that I be- days, the Union flag is still floating in triumph,
lieve there is hardly a guerrilla left to annoy the army rests in a more secure position than
the peaceful inhabitants ; the rebellion in Ken- when the first gun was fired by the enemy, its
tucky has been crushed out, the rebel armies columns unbroken, undaunted in spirit, buoy-
within her limits have melted away into guer- ant and confident; its flanks fully protected by
rilla bands, and these are rapidly disappearing. a fleet of gunboats, and its communication with
Tennessee is under the control of the old flag. its supplies perfectly secure. If properly rein-
The rebellion has been crushed in Missouri. forced and supported by the Government and
Although overwhelmed from Arkansas to Iowa people, of which I have no doubt, this gallant,
but a few months since with rebel armies, which unconquered, and unconquerable army of the
controlled the whole country, now her own Potomac will be able, notwithstanding the check
home guards are able to furnish ample protec- which it has received, to accomplish the object
tion to the peaceful pursuits of life. Whatever of the campaign in the course of the next thirty
of rebellion existed in the Territories has been days.
suppressed large rebel armies have been driven
; Then I inquire, in all candor, for the cause
out of New Mexico. The Mississippi river has of the despondence which has been manifested
been opened from Cairo to its mouth nearly ;
in this Chamber. After this review of their
every fortification on either bank has been cap achievements, are we not content with it as the
tured and is now garrisoned by loyal troops. fruits of their toil and exposure for but a single
All the great cities of the South threatened or year? The armies of Rome, during her most
controlled by the rebellion have been captured palmy days, never accomplished half so much
and are in your possession. St. Louis, Balli in so short a period. It is true many men
more, Alexandria, Wheeling, Norfolk, Lexing- have fallen in the field of battle some have;

ton, Nashville, Memphis, New Orleans, and a been killed and many wounded, and many
host of towns of minor importance, are all in more have fallen on account of exposure and
your possession. Two cities of some political sickness incident to camp life. And still oth-
erahave been uselessly sacrificed by drudj^ery home Gov-
slavery within the limits of their
from which it seems to be the purpose of the ernments — our own and one
South America.
in
Senate to relieve them in the future, and which Some others permit it in their colonies, but
may be set down as the fruits of the folly, h'lii- not at their home Government. A century or
otry, or inexperience of generals, who are, io hO since, all tolerated slavery in some form.
the main, officers of great ability and merit. But during the last hundred years Christianity
But all these losses, when added together, are has achieved great triumphs. Liberty of con-
comparatively trivial they have not diminish-
;
science is now tolerated in a wonderful degree
ed the probabilities of our speedy triumph in by nearly all the great nations. The Christian
the least ; nor has the physical power and religion has been carried into every quarter of
strength of the nation been diminished on ac- the globe. There are now between two and
couut of the war one iota. I do not doubt but three hundred million Christians in the world.
that an enumeration of the population of the Nearly one-third of the inhabitants of the earth
United States, if taken to-day, would show our are Christians, and they control all the enlight-
increase during the past year, notwithstanding ened nations. It is impossible that tlie-:e prin-
those losses, to have been as great as it has ciples should be inculcated without producing
been during any other year of the existence of their legitimate fruits —
the amelioration of the
this nation. The Almighty never inflicts on a human family. The man who has '" fallen
people two great calamities at the same time. among thieves" attracts the sympathy of the
When they are cursed with a war that is sweep- Christian world. God intended that it should
ing away its tliousands, He never has, I think be so. He intended that those who aro sick
I may say without irreverence He never will, and in prison should be visited by the hand of
afflict them at the same time with pestilence mercy He intended that the naked should be
;

and famine. I know that the rebels have been clothed, that the hungry should be fed, that the
counting on the destruction of our armies by widow and the orphan should be sheltered,
plagues and fevers. I have not. I have known that the weak should be protected, that the
that the people of the whole country would be oppressed should go free. These purposes of
more vigorous and healthy during the contin Providence have culminated in a system of
uance of this civil war than they have been for free schools embracing the poor in nearly every
an age past. It is in the order of Providence enlightened nation; in the improvement of
that it should be so ; and if Senators will but prisons and prison discipline in the libera-
;

look around them they will find that it has tion of slaves in the enfranchisement of serfs
; ;

been so sinee the war commenced. You have in the construction of asylums for the insane
had no cholera, you have had no yellow fever, in the education of the deaf and dumb, and
you have had no plagues or famine to sweep blind, and of idiots and in the erection and
;

away your people. The Almighty has visited support of hospitals and retreats for the afflicted
us with one great curse during the past year with e.ery species of loathsome disease. The
civil war. This has carried off its thousands. people of the United States have kept pace
None have died with cholera, plague, or yellow with the other Christian nations in every be-
fever ; and the ordinary diseases of the country nevolent work except remembering our bond-
have' been of a milder type than usual. We men as if we were in bonds with them, and
are probably numerically stronger to-day than doing unto them as we would that they should
we were the day the rebels opened their batte- do unto us, had our relative conditions been
ries on Fort Sumter. reversed. When reproached by other nations
The Senator from New York [Mr. Kixg] for acting the laggard, we have arrayed many
says he does not despair of the Rppublic. Nor excuses, but have had one substantial reason,
do I. Why should I despair? Mr. President, as a nation, for declining to terminate this sys-
I do not doubt our final success. We not only tem within our limits.
have the power, but in my judgment will con- It has been maintained by all our jurists that

tinue to possess the power, if we are but faith- within the limits of any State of the Union the
ful to ourselves, to crush out whatever still ex- national Congress has no constitutional author-
ists of this rebellion. ity to interfere in the regulation of the institu-
I amnot, however, blind to what seems to tions that relate exclusively to the internal pol-
me be the intimations of an overruling Prov-
to icy of its people that the national Government
;

idence, as this struggle progresses, and 1 would may do whatever is necessary for our external
express it, of course, with great deference but ;
defence, incernal peace, and for the promotion
in my judgment this struggle will not be closed of the general welfare; but that the people of
until slavery shall have been practically termi- each State must be permitted to be the exclu-
nated. I believe that the overruling hand ot sive judge of the propriety of its own local laws,
God is in this war. I believe that He has suf- applicable to its own people alone that on all
;

fered us to come to blows for the very purpose these subjects this Government should not in-
of developing this great good to the human terfere, should not impose its opinions, nor
family. There are but two civilized enlight suffer itself to be used as an instrument in the
eued nations oa earth that permit human hand of the people of any other State or States
6

for imposing their opinions and views on the of terminating the life of a State is a question of
people of any other State. Nobody has enter- controversy, and not the manner of the death.
tained that opinion more honestly than I have, If a State government may be destroyed by
nor has anybody been more anxious to carry it the people residing within its own boundaries,
out in practice having, during my short pub-
;
we inquire in the next place if some of the
lic c:ireer. ever maintained this doctrine, both States of this Union have not been destroyed.
iu public and private, as well as by my votes in If these States have not, in contemplation of

the Senate. law and the Constitution, ceased to exist, they


But, in my judgment, this disability has been are still States and if States, they are either in
;

removed, and this brings me to consider the the Union or out of the Union as States.
further suggestion of the Senator from Penn- Now, what is a State ? It is not, I appre-
sylvania, and urged by other Senators. They hend, the land on which a people may happen
maintained that all the States that have been to live ; nor is it the people that may happen
in this Union are still in the Union that, theo-;
to. live on the land. It is such a legal organi-

retically, the Union has not been dissolved ;


zation of the people in one compact community
that a State once existing as a member of this as will enable it to protect the rights of each
Union cannot, by any act of its own people, be and all against all intruders, usually denomi-
annihilated and cease to be a member of the nated a government, with such otBcers as will
Union that once a State always a State, or, as
;
enable it to enact laws and administer justice,
others have expressed it, " the king never dies ;
and hold intercourse with other States or na-
the prince is always in existence." Well, sir, tions. I inquire if, in South Carolina, there

I have anticipated iu part the answer to this now exists such a State ? If so, is it in the
theory. The argument is superficial. It is Union? If it is a State still in the Union,
the common-law doctrine, applicable to rights where is its Governor, where is its Legislature,
of persons and property in a State, that lias not where is its judiciary? If you recognise it as
died and cannot die. Titles acquired under a State, you must recognise the organs through
cue prince are not destroyed by the existence which the people act. You cannot claim that
the title does not terminate it is a State because the land is there on which
of au interregnum ;

on account of the death of the grantor, but the people live, nor merely because there are
must be construed to be a grant from his suc- people living on the land but it must be be-
;

cessor, and this perpetuity of title is not to be cause there is such a political or civil organiza-
termiuated even during the period when there tion of that people as enables you to recognise
is no prince. So far as the holder of the fran- their existence through their officers —
execu-
chise of the grantee under the prince is con- tive, legislative, and judicial.
cerned, the prince connot die; that is, the If you admit that such a State exists within
grant continues, the franchise is still good, the the limits of South Carolina, I humbly submit
title valid, though the king be dead. that it is out of the Union. There is no Gov-
To those who argue that a State cannot cease ernor there whom you can recognise as a
to exist, I inquire where is Poland? Is it still Governor ; there is no Legislature there that
a State ? Where is Sparta and the other States you can appeal to as a Legislature; there are
of Greece? Where is Carthage? Where is no judges there before whom your people can

Pk^me that Rome over which the consuls pre- claim a trial of their rights, and whose adjudi-
sided and the Cajsars ruled ? Where is Egypt cations you can recognise as valid.
that Egypt which was the nursery of learning If a people exist there without ^n Execu-
and the arts before the foundations of the pyra- tive, without a Legislature, and without a judi-

mids were laid ? Where is Judea, once a State ciary system which you can recognise, is it a
so brilliant and powerful under the reign of State ? I maintain that it is not a State and ;

King David? Where is Scotland, once the ri I think I am sustained in this conclusion by the
val of England, whose death has become im language of the Constitution itself. It says
mortal in the fame of her warrior clans led by "Tho Senators anrl Representatives before mentioned,
her Brticts? But why pursue this subject? An and the members of the several State Legislatures, and all
executive and judicial offlcors, both of the Uuiled States
absurdity 'needs no refutation. To state it is to
and of the several States, shall bo bound by oath or alBrm-
expose it. It is futile to argue that the tyrants ation to support this Constitution and tho judges in every
;

who destroyed Poland, as the wolf and the State shall be bound thereby, anything in the Constitution
or laws of any State to the contrary notwithstanding."
jaokall desmember their prey taken in a com-
mon chase, had no right to do so the conclu- : Now, sir, I submit that there is no such
sive fact still exists —
Polaud was destroyed. Governor that there are no such judges in any
;

She has ceased to exist as a State She no ! one of the rebel States'; that their State organ-
longer has a place among the nations If Sparta ! ization has ceased to exist; it has been oblite-
and Judea and Scotland and Poland ceased to rated by their own wicked people. You can
exist as States, so may South
Carolina and no longer recognise the people within those
Georgia and Florida and any other State. If boundaries as a State. You have no means of
Scotland died by the hand of England, South reaching them through any State organization;
Carolina may commit suicide! The possibility and if there is no civil organization through
which you caa reach them as the people of a moreover, that you can never suppress the re •
State, the State has ceased to exist. 'lellion in any other manner. Civilized people
I submit, in the next place, that the Pres- cannot live with each other in large numbers
ident, in adrainiaterino^ the laws in these rebel without a civil government. Property mmtbe
districts, has asmmed that no State govern- bought and sold, wills must be made, deaths
ments exists. IfTennessee and North Caro- will occur, estates must be administered, mar-
lina are still States of the Union, what right riages must be solemnized, debts must be col-
had your President to app)iQt Governors for lected, and criminals must be punished. If
their people? If these rebel districts are still you do not furnish them the necessary legal
States of the Union, what constitutional riofht means for the transaction of all this business,
has the President to proceed to suppress an even loyal men must adopt the rebel govern-
insurrection ualess requested to do so by the ment. Every civiliz^.d community soon learns
Legislatures thereof, or, during their recess, that a bad government is better than none ;

by the Governors? Again, if these districts are hence they will submit to an illeg:itimate prince
still States of the Uaion, what right has the Pres- to avoid anarchy.
ident to commisjioa the oihcers of their militia But if you have the right, and it is your duty
called into the service of the United State?, the to organize temporary governments for these
Constitution expressly reserving the right to districts as you do for other Territories, you
appoint the officers to the States respectively have the right to extend to them all general
from which they are ca led ? His not the Pres laws enacted for the people of the Territories.
ident treated the people of these rebel districts V^ou have the same discretion in the one case
in all these respects precisely as if they were that you have in the other. As to these rebel
Territories of the United States ? Is it possi- States, yoa are no longer restrained by the
ble for him to administer the laws of the United Constitution from liberating the slaves if the
States within their limits in any other manner? interests of the country and the perpetuity of
It is therefore manifest that you are com- the Union require it. That they will be liber-
pelled, in your oiEcial action, to hold and gov- ated before the war is concluded, I have not
ern them as organized Territories, or to ac- the slightest doubt; and I may as well state
knowledge their independence. In what, then, that this conviction is derived in part from what
does any one of these rebel States differ from is known to be the will and wish and prayerful
Nebraska, or any other Territory of the Union ? expectation of the slaves themselves. I think
In nothing whatever except the naked pretence one of the most conclusive evidences of the im-
that a State government once existing can never mortality of the human soul is the existence
cease to exist, in violation of the historical fact throughout the whole human family of a desire
that they have ceased, and do cease to exist, for immortality ; and I believe it is the opin-
either through the madness of their own peo- ion of theologians who have written on this
ple, or in consequence of the superior strength subject, that an all-wise B^ing of infinite mercy
of their enemies. Your President has elected and wisdom and omnipotent power would not
to consider the State governments within these implant in the mind of all people of all ages a
old State boundaries extinct. For all practical I
longing, thirsting desire to live forever, and in-
purposes they are dead. All the State laws lie tend to thwart that wish. He could not be a
as a dead letter on the statute-books, unless good Being and implant that desire, and at the
you choose to revive them. But if you have I
same time intend to thwrj.rt it. It is iuconsist-
power to revive them and give them vitality, ent with all the ideas we have of His perfection.
you may enact other laws as you would enact Well, sir, we know that these people — and there

i

laws for any other Territory. The people are i


are four millions of them have been anxiously
citizens of the United States ; they have a right i
looking forward to the time when they sliall be
to claim the protection of the laws of the Uui- liberated. They have been praying for it, and
ted States ; and your President, with your sanc- I
they now hail your troops as they enter the
tion, is proceeding to organize provisional local ! rebel States as the messengers of th^^ir libera-
governments within the limits of those States i
tion, and it is only by thrusting them from your
as rapidly as they are overrun by your armies. I ranks at the point of the bayonet that you can
It is true that he expects, and we expect, that prevent them from uniting with you to suppress
when this rebellion shall have been suppressed, j
the enemies of the country. I do not believe
these people will reorganize their State govern- j
that the Almighty Br;ing who rules the world,
ments, and become members of the Union. j
a Being of infinite wisdom and goodness, will
But while this practical death continu=>s. Con- j
thwart the wish of this great multitude of His
gress and the President are responsible for the children. Their ancestors were brought here
character of their civil governments and their j
in a very degraded condition. By their asso-
local institutions, as iu any other Territory of ciations with civilizid communities they have
the United States. been greatly improved. They have attained
In ray opinion you have not only the right that condition iu the scale of existence which
to govern the people of these rebel States as requires a change in their relations. I have
Territories, but it is your duty to do so; and, no doubt the time has arrived when the Al-
mighty intends that they shall be free, and men our purposes, as we shall, they may induce the
read events very blindly, as blindly as did the rebels to adopt an act of emancipation on con-
Pharaohs of Egypt, who can look at this great dition of recognition. They can then exhibit
subject in any other light. You may delay the us to the world as the persistent prosecutors of
fulhlment of this purpose of Providence unt'l a war for dominion, and against the interests
all the plagues that visited Egypt have been of humanity. They will prove this from our
poured out on this nation and until the blood own State papers, written by our great Secre-
of the tirst born of the entire nation has com- tary of State since this struggle commenced, in
minglr-d with the waters of your rivers, before which he has distinctly informed the great
you yield to tliis intimation of infinite wisdom ;
Powers t'nat the relative condition of the peo-
but in the end it will be accomplished; if not ple in the rebellious States is to remain un-
with your concurrence, it will be by the inter- changed, let this struggle terminate as it may.
vention of other nations. Hence, in the contingency I have supposed
My reasons for this I will state as briefly as we would be placed before the democracy of
I can. First, we have not and never have had Europe clearly in the wrong, fighting for do-
the hearty friendship of any monarchy on earth. minion and the perpetuity of slavery. With
Our Government was organized on principles the sympathies of the masses of Europe against
in direct conflict with their theory of civil so- probably armed
ns, with the four million slaves
ciety. They have always maintained that the insupport of the rebellion, with the promise of
masses of the people are incapable of self-gov- freedom as the reward of their success, and
ernment, and if now ours should be destroyed, with the predisposition of all the crowned heads
it would afford overwhelmintj practical proof to suffer republics to destroy themselves, my
of the utter futility of all efforts to support a confidence in our ultimate success would be
republic. Despots will point with a sneer to greatly diminished. We would, of course, still
the failure of "the great Republic across the succeed, if God continued to be on our side.
Atlantic," as the last fearful example of the But in that contingency, I am not certain that
folly of mankind in this respect. They have, we could count on his blessing. If Napoleon
therefore, a great stake in this issue. If by any and England should interpose to create a new
act of theirs, or by any influence they are able nationality, and to liberate four million slaves,
to bring to bear, not dangerous in its ultimate they migkht claim to be intervening in the in-
consequences to their own existence, they can terests of mankind, and in accordance with the
secure the permanent dissolution of the great ideas that control the civilization of the
Union, and in the end the division of the age. Putting the intervention on this ground,
residue into many fragments, to be tram- I am not certain that you could safely rely oa
pled under foot or spit upon at the caprice of the friendship of the Emperor of the Russians,
the great Powers, they will have furnished a on whose support we have relied more strongly
demonstration of man's incapacity for self-gov- than on any other nation. After having liberated
ernment that all the lovers of freedom in the the serfs of his own empire, how could he be
world will not be able to refute. Who, then, expected to make a diversion in our favor, and
can doubt their disposition to aid the rebellion? thus assist to rivet the shackles on our slaves ?
But they cannot intervene without a pretext I believe we' may count on his friendship to
that will meet the approval of the moral sense checkmate our enemies in the Old World, al-
of mankind. No merely material interest will ways, when we deserve it but could we expect
;

justify their intervention in favor of a rebellion him, after having carried into effect this great
against an established Government, The ex- edict making citizens of many millions of his
ample might be contagious. It is not the in- own serfs, to interpose in the face of the other
terest of crowned heads to sanction insurrec Christian nations to enable us to perpetuate
tions. The scarcity of cotton will never induce slavery within our limits ? It would be unrea-
England or France to intervene. The support sonable to expect it. We should therefore an-
of their operatives directly from their public ticipate them by making it the interest of many
treasuries until a supply can be secured from millions of the people of the rebel States to
other quarters would cost them much less than assist us, and the interest of humanity that we
the cost of a war with the United States for a sin- should triumph.
gle month. To interpose an armed mediation If we act wisely and in accordance with these
would be equivalent to adeclaration of war which intimations of an overruling Providence, I do
they cannot afford to make for cotton. They will not believe the combined Powers of the earth
not, therefore, at the beginning, probably, pro can put us down or intervene between us and
pose a direct armed intervention in favor of the the certain achievement of a glorious destiny;
rebels. When intervention comes, if it ever hence I was gratified beyond measure with the
should come, it will be a moral intervention. statement made by the Senator from Kentucky,
They will advise us to agree to a dissolution in his place on the floor of the Senate, a day or
they will advise us that the material interests ,
two since, that if the perpetuation of this Union
of both parts of the country and the welfare of required it, every slave that he owned should
the human family require it. If we persist in freely go, and every* slave owned by his neigh-
9

bora in Kentucky would be freely ^iven to save Providence, this great work will be handed
the country. I believe that the time is now at over to other nations, or will be wrought out by
hand when these frrcat sacrifices are d«^manded, the rebels themselves, and our nation will be-
when some plan for the liberation of the slaves, come permanently divided.
especially in the rebel States, should be adopted, But if we adopt this policy. Senators inquire,
and the able-bodied men incorporated into our what shall be done with the liberated slaves?
armies, if we would successfully maintain this I answer, muster a portion of the able-bodied
struggle for the perpetuation of our nationality. men into the service of the Republic, employ
As 1 conceive, the door has been thrown open them in your camps and fortifications as la-
by the hand of God. There is no longer any borers, or your transports and gunboats as la-
constitutional ditlicuUy. These State govern- borers and sailors, and, if necessary, let them
ments having been destroyed, the country and participate in the glories of the battle field, and
the people still remaining under our jurisdic- bear their just proportion of the burdens and
tion within the boundaries of the United States, dangers of this great conflict. And as for the
it is not only right, but it is our duty, to organ- residue, let them alone ;let them take care of
ize temporary civil governments and maintain themselves hereafter, as many of them have
them until the people shall have reorganized heretofore.
their State governments under the provisions Senators talk of them as savages, as if they
of the Constitution. If this is the correct view had been recently caught in the jungles of
of the subject, you may pass whatever laws, Africa and brought to our shores, without a
within the limits of those rebel States, that languatre, without knowledg-j, without civiliza-
might be rightfully enacted for any other Terri- tion. This was true of their ancestors, but not
tory under the jurisdiction of the United States, of the present generation. A
great change has
and in which no State government exists, in- been wrought in their condition ; they are now
cluding laws for the liberation of slaves, and comparatively well civilized. There are eleven
their organization for the common defence. thousand of these men thatyou call savages right
Hitherto good men throughout the North and at your door, in the District of Columbia. By
West have justified the continuance of slavery, an act of this Congress some one or two thou-
as the Senator from Pennsylvania did today, sand more have been set free. When that bill
on the plea that v/e have no power to abolish it was under discussion. I remember that the
within the States that this toleration of sla-
; Senator from Kentucky, [Mr. Davis,] and some
very was a part of the original bargain when other Senators, in whose wisdom I generally
the Constitution was adopted that you and I
; confide, and for whose opinions I have very
were parties to that have faith
contract. I high respect, told us that if such a law should
fully lived up to it governments
until the State be enacted the slaughters of St. Domingo would
within the limits of these rebel States have be re-enacted ; that these black people could
been destroyed by the wickedness of their own not live in peace as freemen among a white
people, and the country reduced to the coudi people ; that a war of races would spring up,
tion of a Territory. But now they have no which wottld result in the destruction of the
civil government that we can recognise unaer one race or the other.
the Consritulioii the people and the cauntry
; Has this prediction been fulfilled ? Have
are still within the limits and under the juris- any riots occurr'^d ? Have any murders been
diction of the United States. I would, there- committed by these freed men? Not one On!

fore, interpose, and give them a government as the passage of that law these ignorant people,
I would any ot er community within our juris- as you may deeat them, collected in their
diction having none that can be recognised by churches and school houses where they were
us or by other nations. I would enact for their accustomed to worship, to praise the Almighty
government just such laws as in my judgment for their deliverance and after this manifesta-
;

their interests and the interests of the nation tion of gratitude they all quietly returned to the
and of humanity demand. peaceful purstiits of life since which every-
;

If I read the signs of the times correctly, this thing has progressed as usual. These people
has be '.ome a necessity. We
cannot, if we per are now, as heretofore, laborers in your fields
sist in our folly, thwart the ultimate purposes and shops, and servants in your houses. No-
of the Almighty. By his providetitial interpo body has been damaged ; no riots have arisen ;
sition He has thrown open the door for the society has not been discomposed in the least,
liberation of a nation of bondmen He has re- ;
notwithstanding the very extraordinary speeches
moved the constitutional impediment He has ; of the gentlemen who happened to represent
caused their assistance to be necessary for the what are called the border States in the two
perpetuity of the Union and the integrity of the branches of Congress. If Senators will open
nation. If we accept of this high destiny, all their eyes and look at these people, they will
the nations of earth combined against us would discover that they are no longer savages, but,
be as tlax in the flames ; but if we are not in a comparative point of view, highly civilized.
equal to the demands of the age, and obsti- They provide for their own wants, they provide
nately refuse to follow the plain intimations of their own food and clothing and shelter, and for
10
burden, and to encounter, in common with the whites, the
the education of their own children, for the sup risks of los.s of life.

port of their own churchss and schools, and " Thus, we find that in the Spanish colony of Cuba, with
a population one-half slaves and one-sixth colored, a mili-
bury their own dead; and during the seven tia of free blacks and mulattoes was directed by General Pe-
years of my service at the capital of the nation zuela (Governor General) to bo organiz -din 1854 throughout
I have never seen a negro beggar —
not one. I (.he island, and it was put upon an equal looting witli regard
to privilege with the regular army. This measure was not
have seen white beggars I have seen white
;
rescinded by Governor General Concha in 1855, but the
boys and girls begging for a penny of each black and mulatto troops have been made a permanent
I have seen stal corps of the Spanish army. (Condensed in the very phra-
passer by at the crossings ;
i-esof Thrasher'.s preface to his edition of Humboldt's Cuba.)
wart men and women, of almost every nation- " In the Portuguese colonies on the coast of Africa, tho
ality, begging in your streets and thorough regiments are chiefly composed of black man. At Prince's
Island the garrison consists of a company of regular artil-
fares ; but never yet have I seen a negro beg- lery of eigiity, au'l a regiment of black militia of ton hun-
gar in the streets of the capital of the nation. dred and fifty-eight rank and file, of which the colonel is a
wliite man. At St. Thomas's there are two regiments of
In Baltimore, within an hour's run from this
black militia. In Loando, the Portuguese can, on an emer-
capital, it is said there are about thirty-eight gency of war with the natives, bring into tho field twenty-
thousand colored people. Of these about two ilve thousand partially civilized blacks armed with muskets.
(From Valdez's Six Years on the West Coast of Africa. Lon-
thousand two hundred are slaves. There are don, 1861. Two vols. 8vo.)
nearly thirty-six thousand free colored people " In the Dutch co'ony of the Gold Coast of Africa, with
living in the commercial metropolis of Mary- a population of one hundred thousand, the garrison of the
fortress consists of two hundred soldiers, whites, mulattoes,
land, and no one conversant with their condi- and blacks, under a Dutch colonel.
tion will dare to assert on the floor of the Sen- " In the capital of the French colony of Senegal, on the
same coast, at St. I.ouis, the defence of the place is in the
ate that they are either paupers or criminals.
hands of eight hundred white and three hundred black
There, as here, they provide for their own soldiers. (The preceding facts are also from Valdez )
" In the Danish island of St. Croix, in the West Indies, for
wants; by the sweat of their ovn brow they
more than twenty-five years past, there have been employ-
earn their own bread. They fe^d, clothe, and ed two corps of colored soldiers, in the presence of slaves.
shelter their own families, bury their own dead, (From Tuckerman's Santa Cruz )
educate their own children, and there, as here, "In Brazil, notwithstanding its three million slaves, its
monarchical Government employs all colors and races in the
support their own peculiar forms of religious military service, either by enlistment or forcible seizure.
worship. With these illustrations right at your The police of tho city of Rio de Janeiro is a military organi-
zation, composed mostly of colored men, drilled and com-
door, and within an hoar's ride of the capital, manded by army officers. The navy is principally manned
will any Senator stand on the floor of the Ame- by civilized aborigines. (Hidder; Ewbank.)
" The course purs icd by the British Government in Ja-
rican Senate, and forfeit his reputation for can-
maica, Sierra Leone, and Hindostan, is so notorious as sim-
dor in declaring these people to be savages ? ply to need to be mentioned.
They are more highly civilizf^d than the child- " In Turkey, no distinction of color or race is made ia
the ranks of the regidar army.
ren of Israel when they were led out of Egypt
it probable that the English, French, Span-
Is
by the hand of God, and probably fully equal
to them, in this respect, when they returned ish, Portuguese, Brazilians, Turks, Dunes, and
from "Babylon. They will compare very favor- Dutch, after reviewing their own colored regi-
ably in civilization with the masses of the ments in Canada, S luth America, Africa, the
peasantry of P^urope, and I challenge any one East and the West Indies, would suffer ma-
And yet terially in their sensibilities in witnessing regi-
who is curious to the comp.arison.
with thousands of these free colored people all tnents of colored men in South Carolina?

around us, directly before our eyes, a standing The Senator from Kentucky [Mr. Davis] has
gigantic demonstration of this inexcusable suggested that it would be dangerous to arm
falsehood, Senators persist in debate in calling negroes on account of the peculiarities of their
them savages, and insist that they shall not character. He says that when they once ob-
tain the smell or taste of blood they become
be armed in the defence of our common
country, lest it may shock the sensibilities of demons, and are controlled with great difficulty.
mankind, and stimulate the great Powers to But this objection cannot apply to them as
soldiers their qualities and capacity in this
interfere and end a war that under such a pol- ;

respect have been tested by the Dutch, English,


icy must result in the indiscriminate slausrhter
of men, women, and children. I am amazed and French. The question has therefore been
settled. I drew the inference, howev^'r, that
at such speeches from the lips of American
in the opinion of the Senator, arming slaves
Senators, whose candor ought not to be lightly
called in question. But is it possible that would unfit them forever for the service of
their masters. I do not complain of him for
these Senators do not know that every nation
on earth having colored inhabitants has incor- bringing this to the attention of the Senate. I
porated them into its armies? On this subject believe wise statesmen have entertained the
permit me to quote a few passages on concur- same opinion in every age; our ancestors were
rent history equally impressed with this conviction, and
:

consequently always provided for the emanci-


" The moiiarcliical gnvcrnmcnts of Europe und America,
those thai tolerate slavery, and <ho.so that do not, alike agree pation of slaves who had served in our armies.
in emploj ipR negroes armed for the public defence. Ttiey This principle has not been overlooked by my
find that the biinlen.s of war, and the sacrifice of life it occa-
colleague [Mr. Gkimes] in preparing the
sions, are too great to be borne by Ihc! white race alone.
They call upon the colored races therefore to share in the pending amendments to this bill. They pro-
11

vide that colored men may, at the discretion of apply to such persons of any other class, and
the President, enter the military and naval the whole difficulty will have been met and
service of their country, and that all those who overcome. In my State we have the same laws
respond to this call shall, at the conclusion of for the protection and management of paupers
the struggle, be entitled to their freedom. This of all classes, and I believe this is done in a
is right no slave who has borne arms as a
; majority of the States without causing the
soldier or seaman would afterwards be fit for slightest difficulty. And there is no necessity
slavery. for a distinction in this respect in a rebel State.
I am reminded that one of these amend- If large numbers of these people are destitute
ments also provides that their wives and chil- of intelligence or capacity to provide for them-
dren shall be freed. Well, Mr. President, could selves and to protect their own interests in any
a wiser policy be adopted or one better calcu- given locality, it creates no necessity for a new
lated to prompt them to fight with determina- rule. The application of the principles that
tion for the perpetuity of your institutions protect the few will be sulUcient to protect lar-
than the prospect of their own liberty and the ger numbers. If, thereforo, a majority of lib-
liberty of their wives and of their children and erated Africans were found by experience to be
children's children for all time to come ? An incomp'Jtent to provide for themselves, society
army composed of such soldiers could never be would not receive the sli,2htest shock. They
conquered. would receive the protection of guardians ap-
But, Mr. President, many may be liberated pointed by the courts, under bond with ap-
by the provisions of this bill and necessary proved security, responsible to the tribunals of
kindred measures during the progress of the justice for their conduct; and society would re-
war who may not be needed, and who may be ceive the advantages of their labor and service
unfit for the public service. What shall be afterwards as before, and the laborer would be
done with them? My answer has been par- secured in the enjoyment of the proceeds of
tially given under another head. I will only his toil.
add here one other reflection. We have seen But we have seen that this allegation of in-
that wherever free colored people are found in competency to provide for themselves is not
this country they provide for themselves. They true. It may be partially true in limited lo-
do not become a burden on society. No com calities and in certain communities, but as a
siderable number of them become either pau- general proposition it is totally false. On this
pers or criminals. If they have not proved in- point it might not be amiss to give the testimo-
competent to provide for themselves heretofore, ny of a rebel Senator, by whose side I sat in
the presumption is that no considerable num the old Chamber for several years. I refer to

ber of them will hereafter. But if they should, the rebel Robert Toombs. la private conver-
then interpose with legal provisions for their sation he told me repeatedly that there was no
protection as you would for the protection of practical difficulty in liberating the slaves he
;

paupers of any other class. When other men said it was all a pretence ;
the men who assert-
women, or children, in civilized -Society, are ed this doctrine were demagogues. He said
found to be incapable taking care of them-
of that he defended slavery because, in his judg-
selves, the laws require the courts of probate ment, it was right; it was lor his interest and
to appoint guardians of their persons and prop- the interest of his people to perpetuate it; and
erty, who are required to give bond and ap- almost every old Senator here "vill recognise
proved security for the faithful execution of the such a statement as characteristic of his bold-
guardianship. The ear of the court is ever ness and candor. My friend from New Hamp-
open to the complaint of the ward, whether shire says that he told him the same thing.
made by him in person or by " his next friend." V\'"ise statesmen and candid men, all over
The guardian is thus bound by law and stimu- the slave States, admit the same thing. It
lated by public opinion to execute faithfully is only from the lips of politicians —
I will
and humanely this trust. Let these same prin not say demagogues, for that would be of-
ciples of justice apply to black paupers that fensive —
that we hear of the impossibility of
are applied to paupers of any other color. If preserving peace and order in a community
justice and humanity require such restraints to composed in part of free negroes. They talk
secure the rights and interests of orphans and of the practical difSoulties in the way of
paupers and 7ion compos of our own color and emancipation, until they have impressed socie-
race, how much more dangerous must it be to ty with the conviction that free negroes are
place infants and paupers of anoth-^r race and exceedingly dangerous to civil society. When
color under the absolute control of self appoint- examined candidly in the light of our own ex-
ed guardians without the slightest restraints o perience and that of other nations, these sup-
law, to be worked or punished or sold or used as posed ditficulties vanish the mountain be-
;

unrestrained passion or caprice might prompt ? comes at once but a molehill. While the Sen-
If any of the liberated slaves should prove in- ator from New Hampshire was speaking, some
capable of providing for themselves, apply the one handed me a note stating that the navy in
same principles of justice to them that yoa now Brazil is composed of negroes, with the excep-
12

tiou of the officers. My colleao^ue and the chair- tially as they did
so would the Senator from
;

man of the Committee on Naval Affairs tell Kentucky All men love liberty. Sla-
himself.
me that time out of mind our own navy has very is sufBeiently galling when sanctioned by
been supplied in part with colored seamen. the law of the land but should you attempt to
;

Hence we perceive that they niay be used with impose on any one chains contrary to law,
impunity in our armies and navy, for the com- could you expect him to submit to the outrage ?
mon defence in time of war, and that they may You would not, Mr. President; nor would I;
be governed and controlled, as freemen, in nor would the Senator from Kentucky. Under
times of peace, without the slightest danger to these circumstances very few would have hesi-
civil society. tated to strike for their liberty. Had it been
Then, if there is no practical difficulty, and done by white men it would have received the
the hand of God has thrown open their prison praise of mankind. It was this persistence in
doors, and you no longer are embarrassed by a gigantic wrong by the slaveholders, in viola-
coustitutioual impediments, and it is your in- tion of the law of the land, that drenched St.
terest to do so, why not adopt a policy which Domingo in blood.
may probably result in the liberation of all the But admitting that there is no practical dif-
slaves in the rebel States ? I admit that the ficulty, I am aware that Senators and others fre-
passage of this bill and amendments may have quently suggest that this policy would inaugu-
that effect; I think it will. I think that will be rate a condition of society which white peo-
the practical effect of the policy proposed. The ple would not tolerate. They inquire, " what
bill provides for the liberation of all those that will you do with the blacks eveu if they should
shall have been employed in the armed service prove to be competent to provide for their own
of the United States, with their wives and chil- support? Will you put them on a platform of
dren and I do not doubt that it will lay the
; equality with the white people; will you make
foundation for the liberation, sooner or later, of this mass of negroes throughout the whole
the mass of the colored populat on of the rebel country equal with your own sons and daugh-
districts, and ultimately of the whole country. ters ? Are you in favor of the equality of the
This does not alarm me. A
careful examiua races?" When I have heard such suggestions
tion of the whole suliject, including a candid from the stump during the excitement of polit-
analysis of the arguments of objectors, my own ical campaigns, I have sometimes answered in
observation, and the observations of others of terms of ridicule but that does not become
;

the highest intelligence, illustrated by the his- this presence, and I shall, therefore, for once,
tory and experience of other nations, convinces treat the interrogatories with a careful and
me that this policy will not involve us in the candid analysis.
slightest danger. I know
other Senators have Then what is meant by the phrase " equality
expressed great fear. But
I do not think they of negroes with white men ?" Do Senators
have examined the subject with sufficient care. mean physical equality that the liberation of
;

The Senator from Kentucky [Mr. Davis] has a negro slave would necessarily make him
been very earnest in urging the greatest for- physically equal to the white man ? The in-
bearance. It is manifest to all acquainted with quiry alone in this aualytijal form renders it
his candor that be entertains the most serious ridiculous. I apprehend that his skin would
apprehensions. He has repeatedly cautioned stillbe black that his lips would be thick
;
;

the Senate against a policy that he evidently that his heel would be long that his foot would
;

fears might cause a repetition of the bloody be flat that his skull would be thick and that
;
;

scenes of St. Domingo. But a careful exami he would be less symmetrical and beautiful in
nation of that case will prove that it is always form than the white man, and probably less
more dangerous to do v/roug than to act justly. capable of enduriug fatigue and toil in a cli-
It is hardly necessary for me to inform the mate adapted equally to the temperament of
Senator that the French Deputies had provided each. It is probable that the white race is ca-
by law for the freedom of all the slaves on the pable of greater endurance than any other race
island; but their masters resisted the decree, of men on earth. It is not, therefore, I con-
and attempted by force to continue their bond elude, the apprehension of physical equality
age contrary to law. Smarting under this fla- that excites this apparent alarm.
grant injustice, the slaves undertook the vindi- Then is it mental equality ? Do they intend
cation of their own rights under the laws of to inquire if, in our opinion, this would make
France; and in their redress of this gvievance the negro equally acute in his mental percep-
they did commit some acts of barbarity. They tions with the white man make his memory
;

did it, however, in defence of their legal rights. equally retentive, his powers of comparison
By law they were free. Their masters attempted and reasoning equally reliable, or his logic
the folly of continuing their bondage in viola- equally conclusive, or his will equally persist-
tion of^law, and they suffered a fearful penalty. ent with that of the white man ? I apprehend
But, sir, were these negroes singular in this? that nobody anticipates any such result from
Did they not in this act very much like white the enactment of any law. His physical and
people? You, sir, would have acted substan- mental organization would remain afterwards,
13

as before, subject to the ordinary laws of crea- to the contrary, and Hon. Richard M. Johnsou
tion and cultivation. would have associated with a negro wench a^
Then is it moral equality
to which objection his wife. They were the social eqaals of each
is made? By moral
capacity I suppose is other. Intellectually he was probably her su-
meant that power of the human mind or heart perior, but socially they were exact equals. la
that recognises moral obligations as the con- temperament, disposition, and tastes, each
comitant of certain relations in life that is to;
found the other a boon companion. This was
say, when I perceive that a certain human be- not the result of the legal abilities or disabil-
ing is my father and another one is my child, ities of either. He was a free man, and she,
there springs up an emotion that we call moral [ believe, was a slave. This association did
obligation to reverence the one and to provide not spring from her liberation this social
;

for the other. When we


perceive the relations equality was not the result of abolitiou. It oc-
that exist between members of a family, as curred in a slave Siate, in the bosom of a slave-
husband and wife, brother and sister, the same holding community. Nor was it an isolated
kind of spontaneous emotion springs up, usually case, as is demonstrated beyond all dispute or
denominated moral obligation. When we con- cavil by the presence of an immense mulatto
template the relation that exists between the population in every slaveholdiug State.
citizen and the Government, the subject and it may be objected that this illustration per-
the prince, between man and man as members tains more to the family relations than to social
of the human family, or between man as the intercourse. But I answer, it is all the more
creature and God as the Creator, we experience conclusive on that account. The family rela-
certain emotions, which we denominate pa- tions furnish the most sacred means of social
humanity, and piety, and which
triotism, loyalty, intercourse ;it gives society a permanency
prompt us perform corresponding acts they
to ;
which makes its members more directly ame-
are called moral acts, because they are said to nable to the civil authorities. Hence, if even
spring from this feeling of moral obligation here men follow their tastes regardless of the
Now, is it equality in these respects to which restraints of law, how would yoci hope to con-
Senators object? Do they object to making trol by legal enactments the more miscella-
colored men free, and to allowing them to neous social intercourse of life ? It is literally
" know " their own wives, and to be able to Impossible. It Joes not depend on legal pro-
recognise their own children, lest they may ex- visions.

perience moral emotions feelings of obliga- Mr. DAVIS. Will the honorable Senator
tion to provide for them and protect them on permit me to ask him a question?
a platform of equality with white men? I ap Mr. HARLAN. Certainly.
preheud that it is not the kind of equality that Mr. DAVIS. I ask the honorable Senator if
gentlemen refer to, and which they fear may in a good many of the Northern States the free
result in the destruction of human society. negro is not allowed to vote?
Perhaps some one would suggest that it is Mr. HARLAN. I will come to that in a mo-
social equality with negroes that white men ment.
loathe. Hence I now pay my respects to the Mr. DAVIS. I ask if in the State of Massa-
apprehension of evil under this head. What chusetts he not allowed to practice law?
is

is meant by social equality ? I suppose that the Mr. SUMNER. Certainly; a law to her honor.
social intercourse of men with each other is Mr. DAVIS. I was addressing my question
the result of the mutual discovery on their part to the honorable Senator from Iowa. 1 ask the
of a congeniality resulting from common aspira- honorable Senator, too, whether in Massachu-
tions, desires, inclinations, and and
tastes, setts there was not a law some time ago forbid-
which prompt them to seek common means of ding intermarriage betwet n the white race and
enjoyment. Now, I inquire, if it is necessary to the negro race, and whether that law within the
pass a law to regulate a man's associations, last few years has not been repealed. Is that
would you expect to be able by the enactment to your honor, too? I ask the Senator if he
of a law of Conarress to make any one the wouM consider a general matrimouial alliance
equal or the inferior of the Senator from Ken between the two races in Massachusetts to their
tucky as a social being, or to make any other honor?
two gentlemen, without re'erence to race or Mr. HARLAN. I have great respect for the
color, the equals of each other in a social point 'enator fi'om Kentucky, and have had since I
of view? Is social Intercourse a fit subject of began to notice our public men although he ;

legislation ? Do not our associations grow out may have known but little of me, being some-
of and depend on other causes? Are they not what his junior, I have known him a long time,
the inevitable result of similarity of habits, and have contemplated his character with great
tastes, dispositions, temperament, and conge- pleasure during his whole political career. I
niality of spirit?In a free country is it pos- know that the Senator does not trifle with any
by the enact
sible to control social intercourse subject, that he speaks with candor, and that
meut of a law ? You might have covered the he propounds these qusstions with the expecta-
statute-books of Kentucky all over with laws tion of a candid reply.
14

[The honorable Senator here gave way tem- barrier to such loathsome associations? Will
porarily for the cousideratiou of reports from they instinctively spring into each other's arms
committees of conference after which he pro-
;
in the absence of legal restraints ? Are the
ceeded.] charms of the negro wench so far superior to
When I gave way I was stating that social those of the Caucasian maid as to enable the
equality was the result of mutual wishes, de first to outstrip the latter in a fair competition

sires, tastes, and purposes on the part of the for the attentions of the sterner sex ? And do
individual seeking social intercourse, and was your young men deem themselves so far infe-
not a legitimate subject of legislation. I will rior in gallantry to the sable sons of Africa as to
not pursue this further than to say that the need the assistance of a criminal code to ex-
possession of wealth by some, and the destitu- clude the latter when paying their devotions at
tion of others, rendering them unequal in ahil the shrine of female loveliness ? Are they not
ity to command the means of common enjoy- content with the natural superiority with which'
ment, must exert a powerful influence on social nature has clothed them ? Sir, in ray State
intercourse. With this modification, the posi we have no such law. None is needed. I
tion I hava taken appears to me to be impreg- suppose no such law exists in the Senator's
nable. And this leads me to reply in regular own State if so, it is a standing disgrace to
;

order to the interrogatories of the Senator from the people, for it implies that their tastes lead
Kentucky. First, whether the people of the them to such associations.
The inquired whether po'itica' cqiiahly was not
f!eiiatoi-
free States of different colors are inhibited by
implied the suggestious of the propositioa before the Sen-
in
the State laws from intermarriage. This ques- ate and the argument that I have attempted to present. To
tion might have been propounded with greater th's I reply that there is no such thing as political equality
iu nature. Political equality never did, and never will,
propriety by me to him, as I have no doubt he exist between all the members of any civil society,
is familiar with the statutory provisions of the whether of the same or of different races. It does not exist
hero. It docs not exist iu any ono of the States of this
various States ; but I will answer that in some
Union. In the first place, about one half of the entire white
of the free States there is no such law. In population of the whole country is disfranchised can exer- ;

some of them such laws existed for a time and cise no political privileges whatever; can neither vote nor
hold ofUce nor bear arms. I refer lo that better portion of
were then repealed. I remember that in In- society which always commands our highest regards. And
diana, the State in which I was brought up, a perhaps their exclusion from the political arei'.a ought to be
law existed fur a year or so requiring every considered as the result of our reverence for them, and not
iu the nature of a disability. Another very large propor-
young man, on application for marriage license, tion of the white population are disfranchised; all those
to make satisfactory proof, by oath or other- under twenty-one years of age, even of the males, are en-
tirely excluded from the enjoyment of political privileges.
wise, that his intended bride was not a negress ;
And all those of foreign birth who have lived iu the country
but the young men rebelled against this re- less than five years are entirely excluded inidcr your nat-u-
quirement. They regarded it as an imputation ralization laws. Hence you perceive there is but a small
fraction of the entire population of this country who are
on their tastes, habits, and associations, and politically enlranchised, and those enjoy political privileges
the law was repealed. They did not deem in various degrees.

that such a presumption, as applicable to them, I will not pursue this branch of the subject further than
to remark that I suppose the principle on which political
was just that no officer had a right to presume
;
rights are conferred on members of any civil community is
that they could entertain a desire to seek a ne a sujjposed capacity on their pan to hold, enjoy, and exer-
gress for a wife. I suppose the Senator is now cise these privileges with safety and advautige to society
itself It is sujiposed to be inconsistent with the safety and
sufficiently answered on that point. If I were perpetuity of civil society that those under twenty-one
disposed to be facetious, I would inquire of years of age, as a general rule, should be permitted to hold
the reins of Government, or to control the policy of tbe
him if he deemed it necessary in Kentucky, to State; and hence they are excluded. It is on the ground of
prevent the intermarriage of white people with incapacitj' —
not that all under that .^ge are incompetent, but
negroes, to prohibit it by a penal statute. Such that a majority probably are; and the rule is made general
ou account of the difficulty of legislating for each individ-
a law would be a standing insult to the white \ial. The same may be siid ol our adopted fellow-citizens.
population of his State. There may be a few All do not require a residence of five years lo qualify them
for the performance of the duties of American citizens.
such intermarriages in any State, either with or
Some are as intelligent when they first land ou our shores
without the sanction of law and without the
; as the average, at least, of the native inhabitants; but, as a
sanction of law more of them occur in slave general rule, a residence of five years would be necessary
to familiarize them with our inst.tutions and laws, so as to
communities than in the free States, so that an enable them to exercise discreetly and safeiy the rights of
application of the argument involved in his in- citizenship.
terrogatory is directly in favor of the liberation The Indians, as a class, are excluded ou the same ground
Have there been any small bands and remnants of tribes alone are included as
of the slave population.
voters; and these only by special acts of Congress, when
such marriages consummated in Washington their attainments and their improved position in the scale of
city between the white people and the slaves civiliz:itiou would seem to justify it. When supposed to be
iucouipotent to exercise these rights safely, they are uni-
who were liberated a few months since by a versally excluded. So it should l)e in relation to the negro
law of Congress ? I think none have occurred ;
population. The same principles should be applied. My
and the apprehension is perfectly groundless. own State, for example, excludes the whole negro popula-
tion from the enjoyment ot the right of sutfrago and the
Sir, is there no other reason for the separation right to hold office, not on avcount of color, but on account
of the black and white races, in their matrimo of supposed incapacity to exercise those rights safely for
themselves or others. All of them are not, but a very large
iiial alliances, than the penalties of the crimi
majority are believed to be incompetent to exercise dis-
nal law ? Has the hand of nature fixed uo creetly these high prerogatives; and as we cannot very well
15
legislate in relation to each individual, all are excluded. to dictate the policy of the nation. All he has a right to re-
I undcrsUmd that several of tbe free States of the North- quire of this Senate is a respectful, candid hearing, and
west, Illinois and ludianaj and perhaps others, have enacted then a caWid, honest judgment. The Senate was not org.aa-
similar laws. Tlioy exclude them becaii.se, in th(;ir judg- ized to record edicts ; it is supposed to be a deliberative

ment, they are incompetent the principle on which ail body of peers. Senators are expected to listen patiently,
other classes are excluded which are not permitted to exer- and to carefully weigh all that can be .said on all sides of
cise these privileges. Their liberation rroni slavery would every great national question, and then to express, in the
produce no immediate cliango in their character in this re- form of laws, their solemn juilgment. It is as much the
spect, and would not involve the necessity of clothing them duty of the Senator from Keotuoicy to follow my advice as
with high civil trusts. Nor could this continued disability it is my duty to follow his. It may be thought, however,
on their part be ju.stly considered a hardship; as well might that those who are surrounded by slavery ougbi to be bet-
the laud-lubber complain that he is LOt permitted to stand ter judges of the ellecls of legisUtiou airecting the relation
at the helm and guide the ship, when the safety of uU on of master and slave, and of t\n- legislation calculated to ad-
board nquires that it should be navigated by the -.nost ex- vance tlio welfare of such communities. This should be
perienced seaman. The welfare of the negroes themselves admitted to be true in a qualified sense; in discussing every
requires that the ship of State should bo guided by experi- local question they have a right to extraordinary indulgence,
enced hands; they have no more right to complain of this just as every other i^enator has when questions are pending of
cxchisiou than any other class which we have mentioned. deep local interest to their immediate constituents. But, on
They may enjoy all the blessings of civil liberty without the other hand, their statements, which are in the nature of
the right to vote and hold olUou. Unnaturalized foreigners evidence, must be received with inany grains of allow;ince.
are as free before us they are after their naturalization. Their testimony is not disinterested. 'Ihey have a direct,
Ladies and minor children are free; they are cdizens of the certain int(;rest in the subject of controversy. Thsy are
Republic, citizens of the various .States, and yet they do not therefore to be heard as a witness who testifies for himself.
particii'alo in the enjoyment of any of these political privi Under the ordinary rules of judicial tribunals, they would
leges. lu the exclusion of any and all of these classes from not be permitted to testify in such a case; they would bo
the enjoyment of political rights, the Ijt.ites act on the .same excluded from the jury-box, anil would not be permitted to
principle; they are supposed to be, if they are not in fact, aljutlicale the cause. If, however, you admit their compe-
incompetent, and the safety of the community requires thai! tence as witnesses, as jurors, and judges, by what extraor-
they should be Ihus excluded until the requisite intelligence dinary rules of judicature do you claim that they shall be
shall be secured. the only witnesses who shall bo examined, the only jiu'ors
Then, sir, if I have answered the Senator's questions suffi- who shall be sworn, and the exclusive judges in their owa
ciently, I inquire what ha.s becoiue of the Uiunl of " negro case ? This appears to me to be the very climax of pre-
equality?" What has become of the sneering inquiry, sumption.
whether those who propose to arm the blade men, a. id at Sir, these Senators, instead of coming into this delibera-
the end of their military service to give them freedom, in- tive body with superior claims to consideration on the
tend to secure their equality with the white race? We hive subject of slavery, come under that class of disabilities
seen that the liberation of negro slaves does not imply that which should require us to weigh with extraordinary care
they and the white man will thence become physically their arguments and their statements of facts for when
;

wjuuL mentally equal, morally equal, socially equal, or po- tried by our experience and observation of their previous
litically equal; but they shall be equal with the while race counsel, we are not encouraged to rely on it impiicitly in
in their right to themselves and the enjoyiuent of the pro- the future. We have evidence that they are not infallible
ceeds of their own labor; they shall from that timefcjrward advisers, but are men of like passions and like weaknesses
be in a position to fulfil the conditions of the original curse with ourselves. A majority of the Senators from what arc
that man should earn his bread by tke sweat of his own caLed the border States have steadily opposed every meas-
face; that he shall earn it for himself and those immediately ure adopted for the prosecution of this war for the suppres-
dependent upon him, and not be compelled to earn it for sion of the rebellion. Had their advice been followed, the
Huothcr. They will be equal with while men in their right to rebellion would have culminated long since in the in-
justice and tho protection of the laws; they shall have an auguration of some one of the chief rebels as the President
equal right to the free use of their own bodies, their own of the Republic, and we would have come to the end of our
intellects, their own moral affections, and the right to ap])ly experiment of sell'-govcrnment. They have not given the
the procei;ds of their own labor to the promotion of their slightest consideration to that overwhelming conviction of
own welfare and the welfare of their dependent fami- the public mind in the free States, that slavery is in a cer-
lies; and if il shall be found by experience that any of them tain sense the cause of the war so needlessly commenced
are inconiprti'iit to providefor themselves and their families, and waged against our nationality. They have steadl'y
they will have a right to demand theapiwintment of a guar- and persistenti}' opposed every measure calculated in th3
dian for their protection. No other equality is implied in most remote degree to afTect its perpetuity, or to bring it
the Declaration of Independence, and none other is demand- under the restraints of iaw. The only fair interpretation of
ed by the friends of emancipation. which their votes and speeches arc susceptible, with two or
Examined, then, from any point of view which suggests three honorable exceptions, is that slavery is the para-
itself to my mind, I am able to perceive no objection to the mount institution in this country, for the protection of
result which is contemplated with so much apparent alarm which the Constitution was adopted, and without which the
by Senators from Stales tolerating slavery. All declama- G;nslitution and Uovernmenl are worthless.
tion and argument de.signed to demoustrato the danger of a Sir, this is as we should expect, when we reflect that
free negro population to the peace and quiet of a white ncui ly every Senat ^r and Ropn^sontative from the so-called
community is triumphantly refuted by the rajiid iucre.ise ol border States are slaveholders themselves, and represent
the beaulilu! cinuinercial metropolis of Maryland in popula- communities ruled and governed by slaveholders almost
tion and wealth, although its streets swarm w.th free ne- exclusively. The first incident calling myattention to this
groe -. Sir, the condition of thirty-six thousand free negroes fact w;is the election of the one hundred members of the
of Baltimore is a standing daily refutaiion of their alleged recent constitutional convention in the State of Kentucky.
inabi ity to provide for themselves, and to become peacea- These delegates represented, nominally, a community com-
ble members of civilized society. posed of many hundreds of thousands of nou-s!aveholding
This brings mo to consider, in conclusion, the censure of whites, and a few thousaifd slaveholders only, and yet
the Senate by the Senator from I'emisylvania. He inquired, every delegate was a slaveholder. The con slaveholding
why do you not steu on these exciting subjects to the rep-
I iulerests weru without a represenU'itive. From my subse-
resentatives from the border States why do you not follow
;
quent observation I am convinced that this is but an illus-
their advice, and thus steer clear of the quicksands and tration of the general ru e in slaveholding communities.
breakers that se. m
to interrupt the progress of the ship o: Slaveholders hold nearly all the offlcus of honor and trust;
State? This implies that we do not meet here on terms of they control society, and the local legislation of the respect-
perfect equality as members of a deliberative body, in ive States, as absolutely as if nou-slaveho'dcrs had no ex-
which each one can demand only a respectful hearing, and istence. They are completely ignored in every discussion.
then an honest judgment of his peers based on the merits And until a very recent period the same impetuous policy
of the case. It implies a kind of sjperiority on the part ot controlled Congress. And even now Senators from slaves
the Senators from slave States to require a blind acquies- holding States imperiously demai d that their suggestion-
cence in their virws without considering their facts and shall bo blindly adopted; and when, at the close of a discus-
weighing their reasons. sion, they find them.selves occasionally in the minority —
that
Now, sir, I protest against such implication. A Senator they have been treated only as peers, and not as superiors,
who occupies a seat on this Hoor from a slave State h;is no some of them manifest a stolid indillerence to the fate of the
right to demand a concurrence in his vie\vs; he has no right nation by absenting themselves from the Chamber tor weeks
LIBRARY OF CUNUKt^:>

16 012 028 056 9'

in succession, and others denounce the mnjority and pre- employed in the military service, but that provision should
dict the most dire consequences as the Iriiils of .«ur stupid- be made for their restoration to their musters at the end of
ity. Nothing has been more porgistcutly asserted than the the war. »
consolidation ol' the population oCiill the slave States in oppo- Mr. BROWNING. What I said was, that in freeing the
sition to the Governniont of the United Suites if their sug- slave of a rebel master, whom we receive into our service,
gestions were not implicitly followed. And yet wo have in that clothed us with no power to manumit his mother, wife
no community realized any such result. TUe passage of and children, if they were the property of a loyal man.
every law on this subject, enacted during the present Con- That is what I said. I said nothing about an inability to
greE.?,has in my opinion made us stronger in every bor- confer freedom upon the slaves of rebels whose services we
der St;tte. accepted.
The uon-siaveholdcrs of the border States cannot have Mr. HARLAN. I did not, I tliink, misapprehend the Sen-
failed to perceive what is patent to the world that whatever
, ator, but must have been very unfortuoato in my
statement
remains of secession within their hmits is fostered and of my comprehension of his position. I do not, however,
cherished by slaveholders. This has been true since the agree with the Senator in the proposition which he has just
commencement of the rebellion. Your policy and yoar stated, that we are b lund to inquire whether tile bUck re-
arras have met with a stronger resistance from those in au- cruit has a loyal or a disloyal master. If he is a sound,
thority, chiefly slaveholders, than from any other class of healthy man, capable of perlormiug military duty, the Gov-
these conmmnities. The Governors of all those States re- ernment is under no obligations to inquire whether he has
fused or declined to comply with the President's requisition or has not a master, or whether the master is loyal or a
for troops to defend the Union. The Governor of Kentucky rebel. AVhenever it becomes necessary for the defence of
and a large number of those at the head of public alfairs, the Governroent, you have a right to coerce the service of
are believed to be still untrustworthy. Tins was true in every able-bodied inhabitant, without reference to his color
Maryland. Although the Governor stood firm in his loyalty, or position in society. As I have asked on this floor before,
your authorities were compelled to arrest, 1 believe, a ma- what better is a negro than a white boy? Your son or
jority of the members of her Legislature, to prevent that mine may be taken as a volunteer or as a conscript before
Slate from formally seceding from the Union, while I have he is twenty one years of age, and while he owes his parent
no doubt nine-tenths of her people are loyal to the heart the whole of his service. The Gnvernment does mH uiquire
but the ruling members of society were disloyal slaveholders whether the father is loyal or disloyal the only question
;

And this I believe to be true in every border State. Those propounded is, is the boy capable of performing the service
from whom you have most to fear are those who have been the Government needs'? If they find him physically anil
enjoying the patronage of the State and national Govern- mentally competent, they enroll him and place him in the
ments for ages. The most obtuse cannot fail to perceive ranks, as I apprehend we have a right to do in relation to
that slaveholders originated this rebellion, and are now black men, without inquiring whether they are slaves or
sustaining and controlling it. How foolish, then, tor this freemen, whether their masters are loyal or disloyal and ;

Government lO ignore another class of white people in the if we ascertain that any of thetvi are slaves, and if in our

slave States. It is my solemn conviction that their interests opinion they would become, on account of such a provision,
require the terniination of slavery. It is my duty, there more valuable as soldiers or as laborers, we may offer them
fore, as a Senator of the United States, in legislating for the the r freedom, and provide also for the freedom of their
nation, to consider their welfare as much as the welfare of faniihes. I will not enter into an examination of the ques-
their more wealthy slaveholding neighbors. tion whether the loyal owner may not demand and receive
If the measures adopted by this Congress and the one just compensation for the services of such slaves from the
now pending should diminish the power of the few who Government. An investigation of that question is not per-
have hitherto led societ}', the policy will increase the power tinent to the issue joined. We propose to enlist those col-
of the ma?,=es; and I have not so poor an cp pinion of those ored men, and put them in the trenches to dig ditches and
who do not own slave property in the slave States, as to to erect fortitlcatious, and when found necessary, and when
believe them inconipetfut to comprehend their own true the parties are found competent, to arm them in the defence
interest. Wlien you adopt a policy here for the welfare of of the country.
the whole nation, and especially for th" welfare of the la- They are, then, if wo act wisely, to be taken wherever
boring classes, they will be no more slow to perceive their they can be found, wherever their services are needed,
true interest than tlie population in your State or mine. In without any inquiry as to the loyalty or disloyalty of those
my opinion, therefore, the adoption of these measures will who claim to be their owners. No slave-owner can have a
give the Union increased strength in the border States. stronger or higher claim to the services of his negro slave
Ithas been suggested, however, I beheve, by the Senator than I have to the services of my minor sou. You disre-
from I'ennsylvaoia, during this discussion, that the enlist- gard my claim you enlist him in the service without con-
;

ment of negroes for companions in the ranks would dis- sulting me, and without inquiry into my loyally or disloy-
courage the enlistment of white men. The amendments alty. The relation of master au<l slave is surely no more
now pending do not contemplate such an association. The sacred than that of parent and child. If yon may coerce
colored men and white men will be orgauizjd into separate the service of the child, why not of the slave? But if you
companies and regiments. have the constitutional right to do so, has it not become a
solemn duty, so as to relieve, our white troops, now so much
I do not, then, Mr. President, anticipate any bad conse-
prostrated by the hard labor and fatigue of camp lifj, in a
quences which can legitimately flow from the passage of
chmate to which they have not been accustomed ? These
this bill or tlio amendments proposed by n)y colleague. I
troops are among our very best and most patriotic citizens.
think the legitimate effi^ct will be to weaken slavery. I have
They are intelligent men. They know perfectly that the
no doubt on this subject. I do not vote for this measure
decimation of their ranks b}' hard labor and toil in the
on that account; but I will not. vote against the bill on that
ditches was unnecessary. They know that they have en-
account. I will follow the policy which has been suggested,
dured all tills useless toil on account of the blind infatuation
not only by my political friends in Iowa, but by my politi-
of their commanding generals, in excluding from tlieir lines
cal opponents. Th(! Democrats of my State urge the prose-
healthy men, acclimated, capable of perlormiug all this
cution of this war for the supremacy of the law.s, regard-
drudger.v and toil, without serious danger to themselves.
less of the consequences to slavery. They look on that in-
It ajijjears to them and to me as if those generals had a
stitution as insome way lyiiig.at the very foundation of the iiighor regard for the welfare of negroes and their rebel
rebellion, and they do not desire me to treat it with gloved
masters than for their own troops and their loyal families at
hands, but to adopt whatever policy, so far as my humble home. This bill aiid pending amendnunits are proposed to
influence will extend, may be calcidated to crush out the
secure a change of policy on this subject. I would bo an
rebellion and to secure the perpetuity of the Union, and if
unfaithful representative of the brave volunteers serving in
slavery should be swept by the board they will not be
our armies if I failed to give it my earnest support. They
among the mourners at its funeral. need the assistance of these contrabands to preserve their
I would not, if I know the convictions of my own heart, own health and to save their lives, now itnperilo 1 to secure
do an act that comes in conflict with the provisions of the
the United do not perceive how,
tlie supremacy of the laws. And they demand that wo
Constitution of States. I
shall preserve the Union, and let slavery take care of itself,
by any fair construction, under any known rule of interpre- if it c v.i. I;' it should perish during the struggle for nation-
tationj the pas.sage of this bill can conflict with that instru-
ment. The Senator from Illinois, [Mr. Browning,] fi)r
ally, m the opinion of a large majority of them it will be a
blessing to the country, and tend to promote the welfare of
whose judicial opinions I have a very profound respect, ex- the human race.
pressed the opinion, as I understood him, that the emanci-
pation of the black recruit as a reward for faithful service
in the armies of the country would conflict with the con-
stitutional rights of his master; that black men might be SCAlDrSU. & CO., PRINTEISS.
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