As the effort now making is extraordinary in character, so no assumption seems too extraordinary to be advanced in its support. The primal truth of the Equality of Men, proclaimed in our Declaration of Independence, is assailed, and this Great Charter of our country discredited. Sir, you and I will soon pass away, but that charter will continue to stand above impeachment or question. The Declaration of Independence was a Declaration of Rights, and the language employed, though general in character, must obviously be confined within the design and sphere of a Declaration of Rights, involving no such pitiful absurdity as was attributed to it yesterday by the Senator from Indiana [Mr. Pettit]. Sir, who has pretended that all men are born equal in physical strength or in mental capacities, in beauty of form or health of body? Certainly not the signers of the Declaration of Independence, who could have been guilty of no such self-stultification. Diversity is the law of creation, unrestricted to race or color. But as God is no respecter of persons, and as all are equal in his sight, both Dives and Lazarus, master and slave, so are all equal in natural inborn rights; and pardon me, if I say it is a mere quibble to adduce, in argument against this vital axiom of Liberty, the physical or mental inequalities by which men are characterized, or the unhappy degradation to which, in violation of a common brotherhood, they are doomed. To deny the Declaration of Independence is to rush on the bosses of the shield of the Almighty,—which, in all respects, the supporters of this measure seem to do.

To the delusive suggestion of the Senator from North Carolina [Mr. Badger], that by overthrow of this Prohibition the number of slaves will not be increased, that there will be simply a beneficent diffusion of Slavery, and not its extension, I reply at once, that this argument, if of any value, if not mere words and nothing else, would equally justify and require the overthrow of the Prohibition of Slavery in the Free States, and, indeed, everywhere throughout the world. All the dikes, which, in different countries, from time to time, with the march of civilization, have been painfully set up against the inroads of this evil, must be removed, and every land opened anew to its destructive flood. It is clear, beyond dispute, that by the overthrow of this Prohibition Slavery will be quickened, and slaves themselves will be multiplied, while new room and verge will be secured for the gloomy operations of Slave Law, under which free labor will droop, and a vast territory be smitten with sterility. Sir, a blade of grass would not grow where the horse of Attila had trod; nor can any true prosperity spring up in the footprints of a slave.

But it is argued that slaves will be carried into Nebraska only in small numbers, and therefore the question is of little practical moment. My distinguished colleague [Mr. Everett], in his eloquent speech, hearkened to this apology, and allowed himself, while upholding the Prohibition, to disparage its importance in a manner from which I feel obliged, kindly, but most strenuously, to dissent. Sir, the very census attests its vital consequence. There is Missouri, at this moment, with Illinois on the east and Nebraska on the west, all covering nearly the same spaces of latitude, and resembling each other in soil, climate, and natural productions. Mark now the contrast! By the potent efficacy of the Ordinance of the Northwestern Territory Illinois is a Free State, while Missouri has eighty-seven thousand four hundred and twenty-two slaves; and the simple question which challenges answer is, whether Nebraska shall be preserved in the condition of Illinois or surrendered to that of Missouri? Surely this cannot be treated lightly. But I am unwilling to measure the exigency of the Prohibition by the number of persons, whether many or few, whom it may protect. Human rights, whether in a multitude or the solitary individual, are entitled to equal and unhesitating support. In this spirit, the flag of our country only recently became the impenetrable panoply of a homeless wanderer who claimed its protection in a distant sea;[41] and in this spirit I am constrained to declare that there is no place accessible to human avarice or human lust or human force, whether the lowest valley or the loftiest mountain-top, whether the broad flower-spangled prairies or the snowy caps of the Rocky Mountains, where the Prohibition of Slavery, like the commandments of the Decalogue, should not go.

I.

And now, Sir, in the name of that Public Faith which is the very ligament of civil society, and which the great Roman orator tells us it is detestable to break even with an enemy, I arraign this scheme, and hold it up to the judgment of the country. There is an early Italian story of an experienced citizen, who, when told by his nephew, at the University of Bologna, that he had been studying the science of Right, said in reply, "You have spent your time to little purpose. It would have been better, had you learned the science of Might, for that is worth two of the other"; and the bystanders of that day all agreed that the veteran spoke the truth. I begin, Sir, by assuming that honorable Senators will not act in this spirit,—that they will not wantonly and flagitiously discard any obligation, pledge, or covenant, because they chance to possess the power,—that they will not substitute might for right.

Sir, the proposition before you involves not merely the repeal of existing law, but the infraction of solemn obligations, originally proposed and assumed by the South, after protracted and embittered contest, as a covenant of peace, with regard to certain specified territory therein described, namely, "All that territory ceded by France to the United States, under the name of Louisiana,"—according to which, in consideration of the admission into the Union of Missouri as a Slave State, Slavery was forever prohibited in all the remaining part of this territory which lies north of 36° 30´. This arrangement between different sections of the Union, the Slave States of the first part and the Free States of the second part, though usually known as the Missouri Compromise, was at the time styled a COMPACT. In its stipulations for Slavery, it was justly repugnant to the conscience of the North, and ought never to have been made; but on that side it has been performed. And now the unperformed outstanding obligations to Freedom, originally proposed and assumed by the South, are resisted.

Years have passed since these obligations were embodied in the legislation of Congress, and accepted by the country. Meanwhile the statesmen by whom they were framed and vindicated have, one by one, dropped from this earthly sphere. Their living voices cannot now be heard, for the conservation of that Public Faith to which they were pledged. But this extraordinary lapse of time, with the complete fruition by one party of all the benefits belonging to it under the compact, gives to the transaction an added and most sacred strength. Prescription steps in and with new bonds confirms the original work, to the end, that, while men are mortal, controversies shall not be immortal. Death, with inexorable scythe, has mowed down the authors of this compact; but, with conservative hour-glass, the dread destroyer has counted out a succession of years, which now defile before us, like so many sentinels, to guard the sacred landmark of Freedom.


A simple statement of facts, derived from the Journals of Congress and contemporary records,[42] will show the origin and nature of this compact, the influence by which it was established, and the obligations it imposed.