Again I say, do you require a precedent? I give it. But I will not stake this cause on any precedent. I plant it firmly on the fundamental principle of American Institutions, as embodied in the Declaration of Independence, by which government is recognized as deriving its just powers only from the consent of the governed, who may alter or abolish it, when it becomes destructive of their rights. In the debate on the Nebraska Bill, at the overthrow of the Prohibition of Slavery, the Declaration of Independence was denounced as “a self-evident lie.” It is only by similar effrontery that the fundamental principle which sustains the proceedings in Kansas can be assailed. Nay, more: you must disown the Declaration of Independence, and adopt the Circular of the Holy Alliance, which declares that “useful or necessary changes in legislation and in the administration of states ought to emanate only from the free will and the deliberate and enlightened impulse of those whom God, has rendered responsible for power.”[121] Face to face I put the principle of the Declaration of Independence and the principle of the Holy Alliance, and bid them grapple. “The one places the remedy in the hands which feel the disorder; the other places the remedy in those hands which cause the disorder”; and when I thus truthfully characterize them, I but adopt a sententious phrase from the Debates in the Virginia Convention on the adoption of the National Constitution.[122] And now these two principles, embodied in the rival propositions of the Senator from New York and the Senator from Illinois, must grapple on this floor.
Statesmen and judges, publicists and authors, with names of authority in American history, espouse and vindicate the American principle. Hand in hand they now stand around Kansas, and feel this new State lean on them for support. I content myself with adducing two only, both from slaveholding Virginia, in days when Human Rights were not without support in that State. Listen to the language of St. George Tucker, the distinguished commentator upon Blackstone, uttered from the bench in a judicial opinion.
“The power of convening the legal Assemblies, or the ordinary constitutional Legislature, resided solely in the Executive. They could neither be chosen without writs issued by its authority, nor assemble, when chosen, but under the same authority. The Conventions, on the contrary, were chosen and assembled either in pursuance of recommendations from Congress or from their own bodies, or by the discretion and common consent of the people. They were held even whilst a legal Assembly existed.… The Convention, then, was not the ordinary Legislature of Virginia. It was the body of the people, impelled to assemble from a sense of common danger, consulting for the common good, and acting in all things for the common safety.”[123]
Listen also to the language of James Madison:—
“That, in all great changes of established governments, forms ought to give way to substance; that a rigid adherence in such cases to the former would render nominal and nugatory the transcendent and precious right of the people to ‘abolish or alter their governments as to them shall seem most likely to effect their safety and happiness.’ … Nor could it have been forgotten that no little ill-timed scruples, no zeal for adhering to ordinary forms, were anywhere seen, except in those who wished to indulge, under these masks, their secret enmity to the substance contended for.”[124]
Proceedings thus sustained I am unwilling to call revolutionary, although this term has the sanction of the Senator from New York. They are founded on unquestionable American right, declared with Independence, confirmed by the blood of the Fathers, and expounded by patriots, which cannot be impeached without impairing the liberties of all. On this head the language of Mr. Buchanan, in reply to Mr. Calhoun, is explicit.
“Does the gentleman [Mr. Calhoun] contend, then, that, if, in one of the States of this Union, the Government be so organized as utterly to destroy the right of equal representation, there is no mode of obtaining redress, but by an Act of the Legislature authorizing a Convention, or by open rebellion? Must the people step at once from oppression to open war? Must it be either absolute submission or absolute revolution? Is there no middle course? I cannot agree with the Senator. I say that the whole history of our Government establishes the principle that the people are sovereign, and that a majority of them can alter or change their fundamental laws at pleasure. I deny that this is either rebellion or revolution. It is an essential and a recognized principle in all our forms of government.”[125]
Surely, Sir, if ever there was occasion for the exercise of this right, the time had come in Kansas. The people there were subjugated by a horde of foreign invaders, and brought under a tyrannical code of revolting barbarity, while among them property and life were exposed to shameless assaults which flaunted at noonday, and to reptile abuses which crawled in the darkness of night. Self-defence is the first law of Nature; and unless this law is temporarily silenced, as all other law is silenced there, you cannot condemn the proceedings in Kansas. Here, Sir, is unquestionable authority, in itself an overwhelming law, which belongs to all countries and times,—which is the same in Kansas as at Athens and Rome,—which is now, and will be hereafter, as it was in other days,—in presence of which Acts of Congress and Constitutions are powerless as the voice of man against the thunder which rolls through the sky,—which declares itself coëval with life,—whose very breath is life itself; and now, in the last resort, do I place all these proceedings under this supreme safeguard, which you will assail in vain. Any opposition must be founded on absolute perversion of facts, or perversion of fundamental principles, which no speeches can uphold, though surpassing in numbers the myriad piles sunk in the mud to sustain the Dutch Stadthouse at Amsterdam.
Thus, on every ground of precedent, whether as regards population or forms of proceeding,—also, on the vital principle of American Institutions,—and, lastly, on the supreme law of self-defence, do I now invoke the power of Congress to admit Kansas at once and without hesitation into the Union. “New States may be admitted by the Congress into this Union”: such are the words of the Constitution. If you hesitate for want of precedent, then do I appeal to the great principle of American Institutions. If, forgetting the origin of the Republic, you turn away from this principle, then, in the name of human nature, trampled down and oppressed, but aroused to just self-defence, do I plead for the exercise of this power. Do not hearken, I pray you, to the propositions of Tyranny and Folly; do not be ensnared by that other proposition of the Senator from Illinois [Mr. Douglas], where is the horrid root of Injustice and Civil War; but apply gladly, and at once, the True Remedy, where are Justice and Peace.