The memorial of Franklin, with other memorials of a similar character, was referred to a Committee, and much debated in the House, which finally sanctioned the following resolution, and directed the same to be entered upon its Journals, namely:—
"That Congress have no authority to interfere in the emancipation of slaves, or in the treatment of them, within any of the States: it remaining with the several States alone to provide any regulations therein which humanity and true policy may require."[58]
This resolution, declaring the principle of non-intervention by Congress with Slavery in the States, was adopted by the same Congress which had solemnly affirmed the Prohibition of Slavery in all the existing territory of the Union; so that one may be regarded as the complement of the other. And it is on these double acts, at the first organization of the Government, and the recorded sentiments of the founders, that I take my stand, and challenge all question.
In the country, at this time, there was strictly no dividing line between Antislavery and Proslavery. The Antislavery sentiment was thoroughly national, broad and general, pervading alike all parts of the Union, and uprising from the common heart of the entire people. The Proslavery interest was strictly personal and pecuniary, and had its source simply in the self-interest of individual slaveholders. It contemplated Slavery only as a domestic institution, not as a political element, and merely stipulated for its security where it actually existed within the States.
Sir, the original policy of the country, begun under the Confederation, and recognized at the initiation of the new Government, is clear and unmistakable. Compendiously expressed, it was non-intervention by Congress with Slavery in the States, and its prohibition in all the national domain. In this way discordant feelings on this subject were reconciled. Slave-masters were left at home in their respective States, under the protection of local laws, to hug Slavery without interference from Congress, while all opposed to it were exempted from any responsibility therefor in the national domain. This, Sir, is the common ground on which our political fabric was reared; and I do not hesitate to say that it is the only ground on which it can stand in permanent peace.
Our Republic has swollen in population and power, but it has shrunk in character. It is not now what it was in the beginning, a Republic merely permitting, while it regretted Slavery,—tolerating it only where it could not be removed, and interdicting it where it did not exist,—but a mighty Propagandist, openly favoring and vindicating it,—visiting, also, with displeasure all who oppose it.
Sir, our country early reached heights which it could not keep. Its fall was gentle, but complete. At the session of Congress immediately following the ratification of the Prohibition of Slavery in the national domain, a transfer of the territory now constituting Tennessee was accepted from North Carolina (2d April, 1790), loaded with the express proviso, "that no regulations made or to be made by Congress shall tend to emancipate slaves": a formal provision, which, while admitting the power of Congress over Slavery in the Territories, waived the prevailing policy of executing it. This was followed, in 1798, by the transfer from Georgia of the region between her present western limit and the Mississippi, under a similar condition. In both these cases apology may be found in the very terms of the transfer, and in the fact that the region constituted part of two States where Slavery actually existed,—though it will be confessed that even here there was a descent from that summit of Freedom on which the Nation had so proudly rested.
Without tracing this downward course through its successive stages, let me refer to facts which too palpably reveal the abyss that has been reached. Early in our history no man was disqualified for public office by reason of his opinions on this subject; and this condition continued for a long period. As late as 1820, John W. Taylor, Representative from New York, who pressed with so much energy, not merely the prohibition of Slavery in the Territories, but its restriction in the State of Missouri, was elected to the chair of Henry Clay, as Speaker of the other House. It is needless to add, that no determined supporter of the prohibition of Slavery in the Territories at this day could expect that eminent trust.... To such lowest deep has our Government descended!