Twenty Years of Congress, Vol. 1 / From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860

by James Gillespie Blaine

—The second amendment declared that "Congress shall have no power to interfere with slavery even in those places under its exclusive jurisdiction in the slave States."

—The third amendment took away from Congress the exclusive jurisdiction over the District of Columbia, as guarantied in the Constitution, declaring that Congress should "never interfere with slavery in the District, except with the consent of Virginia and Maryland, so long as it exists in the State of Virginia or Maryland, nor without the consent of the inhabitants of the District, nor without just compensation for the slaves. Nor shall Congress prohibit officers of the General Government nor members of Congress from bringing with them their slaves to the District, holding them there during the time their duties may require them to remain, and afterwards taking them from the District."

—The fourth amendment prohibited Congress from interfering with the transportation of slaves from one State to another, or from one State to any Territory south of the Missouri line, whether that transportation be by land, by navigable river, or by the sea.

—The fifth amendment conferred upon Congress the power, and prescribed its duty, to provide for the payment to the owner of a fugitive slave his full value from the National Treasury, in all cases where the marshal was prevented from arresting said fugitive by violence or intimidation, or where the fugitive, after arrest, was rescued by force.

—The sixth amendment provided for a perpetual existence of the five amendments just quoted, by placing them beyond the power of the people to change or revise—declaring that "no future amendment to the Constitution shall ever be passed that shall affect any provision of the five amendments just recited; that the provision in the original Constitution which guaranties the count of three- fifths of the slaves in the basis of representation, shall never be changed by any amendment; that no amendment shall ever be made which alters or impairs the original provision for the recovery of fugitives from service; that no amendment shall be made that shall ever permit Congress to interfere in any way with slavery in the State where it may be permitted."

PROPOSITIONS OF COMPROMISE.

Before Mr. Corwin submitted his report, Mr. Charles Francis Adams appears to have become disgusted with his own proposition for the amendment of the Constitution. This disgust was caused by the refusal of the Southern members of the committee to agree to the declaration that "peaceful acquiescence in the election of the Chief Magistrate, accomplished in accordance with every legal and constitutional requirement, is the paramount duty of every good citizen of the United States." The proposition of Mr. Adams to this effect was amended by Mr. Millson of Virginia, who substituted "high and imperative" for "paramount." But even in this modified form, seven Southern members asked to be excused from voting upon it, and Mr. Adams seems wisely to have thought that "if there could not be agreement on a proposition so fundamental and essential as that, it was of no use to seek any remedy for the existence of evils by legislation of Congress." Mr. Adams, therefore, made a report dissenting from the committee, stating that he had changed his course, and now declined to recommend the very measures which he had in good faith offered. This was on the 14th of January.

On the 31st of January Mr. Adams changed his course again, and returned to the unqualified support of the measures proposed by the committee. In his speech of that date, he asked, addressing the South, "How stands the case, then? We offer to settle the question finally in all of the present territory that you claim, by giving you every chance of establishing Slavery that you have any right to require of us. You decline to take the offer because you fear it will do you no good. Slavery will not go there. Why require protection where you will have nothing to protect? . . . All you appear to desire it is for New Mexico. Nothing else is left. Yet you will not accept New Mexico at once, because ten years of experience have proved to you that protection has been of no use thus far." These are somewhat extraordinary words in 1861 from a man who in 1850 had, as a Conscience Whig, declined to support Mr. Webster for making in advance the same statements, and for submitting arguments that were substantially identical.

During the debate, in which Mr. Adams arraigned the Disunionists of the South with considerable power, he was somewhat embarrassed by a Southern member who quoted resolutions which Mr. Adams had introduced in the Massachusetts Legislature in 1844, and which had been passed by that body, respecting the annexation of Texas. He had declared therein, just as Josiah Quincy had declared with reference to the acquisition of Louisiana, "that the power to unite an independent foreign State with the United States is not among the powers delegated to the General Government by the Constitution of the United States." He declared, further, that "the Commonwealth of Massachusetts, faithful to the compact between the people of the United States, according to the plain meaning and intent in which it was understood and acceded to by them, is sincerely anxious for its preservation; and that it is determined, as it doubts not other States are, to submit to undelegated powers in no body of men on earth; and that the project of the annexation of Texas, unless resisted on the threshold, may tend to drive these States into a dissolution of the Union." This resolution of Mr. Adams was unfortunate in every respect for his position in the debate on that day, since it really included and justified every constitutional heresy entertained by Mr. Calhoun, and claimed for the State of Massachusetts every power of secession or dissolution which was now asserted by the Southern States.

Mr. Webster, in one of his ablest speeches (in reply to Mr. Calhoun in February, 1833), devoted his great powers to demonstrating that the Constitution was not "a compact," and that the people of the States had not "acceded" to it. Mr. Adams had unfortunately used the two words which, according to Mr. Webster, belonged only to the lexicon of disloyalty. "If," said Mr. Webster, "in adopting the Constitution nothing was done but acceding to a compact, nothing would seem necessary in order to break it up but to secede from the same compact." "Accession," as a word applied to political association, implies coming into a league, treaty, or confederacy. "Secession" implied departing from such league or confederacy. Mr. Adams had further declared that the people of Massachusetts are "faithful to the compact according to the plain meaning and intent in which it was understood by them." But according to Mr. Webster, and in accordance with the principles absolutely essential to maintain a constitutional government, Massachusetts had no part or lot in deciding the question which Mr. Adams's resolution covered. If Massachusetts reserved to herself the right to determine the sense in which she understood her accession to the compact of the Federal Government, she gave full warrant to South Carolina to determine for herself the sense of the compact to which she acceded, and therefore justified the action of the Southern States. Whether Texas was constitutionally or unconstitutionally annexed to the Union was no more to be decided by Massachusetts than the constitutionality of the prohibition of Slavery north of the Missouri line was to be decided by South Carolina. The position of Mr. Adams in 1844 had therefore returned to plague its inventor in 1861, and in a certain sense to weaken the position of the loyal States.