Part 20

And although Mr. Pinckney, as correctly stated by Mr. Lincoln, "steadily voted against slavery prohibition, and against all compromises," he still regarded the passage of the Missouri Compromise as a great triumph of the South, which is apparent from the following letter:

CONGRESS HALL, March 2d, 1820, 3 o'clock at night.

DEAR SIR:---I hasten to inform you, that this moment we have carried the question to admit Missouri, and all Louisiana to the southward of 36° 30', free from the restriction of slavery, and give the South, in a short time, an addition of six, perhaps eight, members to the Senate of the United States. It is considered here by the slaveholding States as a great triumph.

The votes were close--ninety to eighty-six--produced by the seceding and absence of a few moderate men from the North. To the north of 36° 30,' there is to be, by the present law, restriction; which you will see by the votes, I voted against. But it is at present of no moment; it is a vast tract, uninhabited, only by savages and wild beasts, in which not a foot of the Indian claims to soil is extinguished, and in which, according to the ideas prevalent, no land office will be opened for a great length of time.

With respect, your obedient servant,

CHARLES PINCKNEY.

But conclusive evidence of Mr. Pinckney's views is furnished in the fact that he was himself a member of the Committee which reported the Ordinance of '87, and that on every occasion, when it was under the consideration of Congress, he voted against all amendments.--Jour. Am. Congress, Sept. 29th, 1786. Oct. 4th. When the ordinance came up for its final passage, Mr. Pinckney was sitting in the Convention, and did not take any part in the proceedings of Congress.]

"That you will be pleased to countenance the restoration of liberty to those unhappy men, who, alone in this land of freedom, are degraded into perpetual bondage, and who, amidst the general joy of surrounding freemen, are groaning in servile subjection; that you will devise means for removing this inconsistency from the character of the American people; that you will promote mercy and justice toward this distressed race; and that you will step to the very verge of the power vested in you for discouraging every species of traffic in the persons of our fellow-men."--Philadelphia, Feb. 3rd, 1790. Franklin's Petition to Congress for the Abolition of Slavery.

Mr. Gouverneur Morris said: "He never would concur in upholding domestic slavery. It was a notorious institution. It was the curse of heaven on the States where it prevailed.... The admission of slavery into the representation, when fairly explained, comes to this--that the inhabitant of South Carolina or Georgia, who goes to the coast of Africa, and, in defiance of the most sacred laws of humanity, tears away his fellow-creatures from their dearest connections, and damns them to the most cruel bondage, shall have more votes, in a government instituted for the protection of the rights of mankind, than the citizen of Pennsylvania or New Jersey, who views with a laudable horror so notorious a practice.... He would sooner submit himself to a tax for paying for all the negroes in the United States than saddle posterity with such a constitution."--Debate on Slave Representation in the Convention. Madison Papers.]

This preamble is in substance the preamble affixed to the "Conciliatory Resolutions" of Massachusetts, which were drawn by Chief Justice Parsons, and offered in the Convention as a compromise by John Hancock. (Life Ch. J. Parsons, p. 67.) They were afterward copied and adopted with some additions by New Hampshire.

The fifth amendment, on which the Supreme Court relies, is taken almost literally from the declaration of rights put forth by the Convention of New York, and the clause referred to forms the ninth paragraph of the declaration. The tenth amendment, on which Senator Douglas relies, is taken from the Conciliatory Resolutions, and is the first of those resolutions somewhat modified. Thus, these two amendments, sought to be used for slavery, originated in the two great anti-slavery States, New York and Massachusetts.]

"I agree with you cordially in your views in regard to negro slavery. I have long considered it a most serious evil, both socially and politically, and I should rejoice in any feasible scheme to rid our States of such a burden. The Congress of 1787 adopted an ordinance which prohibits the existence of involuntary servitude in our Northwestern Territory forever. I consider it a wise measure. It meets with the approval and assent of nearly every member from the States more immediately interested in slave labor. The prevailing opinion in Virginia is against the spread of slavery in our new Territories, and I trust we shall have a confederation of free States."

The following extract from a letter of Washington to Robert Morris, April, 12th, 1786, shows how strong were his views, and how clearly he deemed emancipation a subject for legislative enactment: "I can only say that there is no man living who wishes more sincerely than I do to see a plan adopted for the abolition of it; but there is but one proper and effective mode by which it can be accomplished, and that is, BY LEGISLATIVE AUTHORITY, and that, as far as my suffrage will go, shall never be wanting."]

The majority of the Committee, Messrs. Mason, Davis, and Fitch, reply to the inquiries as follows:

1. "There will be found in the Appendix a copy of the proceedings of a Convention held at Chatham, Canada, of the Provisional Form of Government there pretended to have been instituted, the object of which clearly was to subvert the government of one or more States, and of course, to that extent, the government of the United States." By reference to the copy of Proceedings it appears that nineteen persons were present at that Convention, eight of whom were either killed or executed at Charlestown, and one examined before the Committee.

2. "The character of the military organization appears, by the commissions issued to certain of the armed party as captains, lieutenants, etc., a specimen of which will be found in the Appendix."

(These Commissions are signed by John Brown as Commander-in-Chief, under the Provisional Government, and by J.H. Kagi as Secretary.)

"It clearly appeared that the scheme of Brown was to take with him comparatively but few men; but those had been carefully trained by military instruction previously, and were to act as officers. For his military force he relied, very clearly, on inciting insurrection amongst the Slaves."

3. "It does not appear that the contributions were made with actual knowledge of the use for which they were designed by Brown, although it does appear that money was freely contributed by those styling themselves the friends of this man Brown, and friends alike of what they styled the cause of freedom (of which they claimed him to be an especial apostle), without inquiring as to the way in which the money would be used by him to advance such pretended cause."

In concluding the report the majority of the Committee thus characterize the "invasion": "It was simply the act of lawless ruffians, under the sanction of no public or political authority--distinguishable only from ordinary felonies by the ulterior ends in contemplation by them," etc.]

"Just so sure as the Republican party succeed in electing a sectional man, upon their sectional, anti-slavery platform, breathing destruction and death to the rights of my people, just so sure, in my judgment, the time will have come when the South must and will take an unmistakable and decided action, and then he who dallies is a dastard, and he who doubts is damned! I need not tell what I, a Southern man, will do. I think I may safely speak for the masses of the people of Georgia--that when that event happens, they, in my judgment, will consider it an overt act, a declaration of war, and meet immediately in convention, to take into consideration the mode and measure of redress. That is my position; and if that be treason to the Government, make the most of it."--Mr. Gartell, of Georgia, in the House of Representatives.

"I said to my constituents, and to the people of the capital of my State, on my way here, if such an event did occur," [i.e., the election of a Republican President, upon a Republican platform], "while it would be their duty to determine the course which the State would pursue, it would be my privilege to counsel with them as to what I believed to be the proper course; and I said to them, what I say now, and what I will always say in such an event, that my counsel would be to take independence out of the Union in preference to the loss of constitutional rights, and consequent degradation and dishonor, in it. That is my position, and it is the position which I know the Democratic party of the State of Mississippi will maintain."--Gov. McRae, of Mississippi.

"It is useless to attempt to conceal the fact that, in the present temper of the Southern people, it" [i.e., the election of a Republican President] "cannot be, and will not be, submitted to. The 'irrepressible conflict' doctrine, announced and advocated by the ablest and most distinguished leader of the Republican party, is an open declaration of war against the institution of slavery, wherever it exists; and I would be disloyal to Virginia and the South, if I did not declare that the election of such a man, entertaining such sentiment, and advocating such doctrines, ought to be resisted by the slaveholding States. The idea of permitting such a man to have the control and direction of the army and navy of the United States, and the appointment of high judicial and executive officers, POSTMASTERS INCLUDED, cannot be entertained by the South for a moment."--Gov. Letcher, of Virginia.

"Slavery must be maintained--in the Union, if possible; out of it, if necessary: peaceably if we may; forcibly if we must."--Senator Iverson, of Georgia.

"Lincoln and Hamlin, the Black Republican nominees, will be elected in November next, and the South will then decide the great question whether they will submit to the domination of Black Republican rule--the fundamental principle of their organization being an open, undisguised, and declared war upon our social institutions. I believe that the honor and safety of the South, in that contingency, will require the prompt secession of the slaveholding States from the Union; and failing then to obtain from the free States additional and higher guaranties for the protection of our rights and property, that the seceding States should proceed to establish a new government. But while I think such would be the imperative duty of the South, I should emphatically reprobate and repudiate any scheme having for its object the separate secession of South Carolina. If Georgia, Alabama, and Mississippi alone--giving us a portion of the Atlantic and Gulf coasts--would unite with this State in a common secession upon the election of a Black Republican, I would give my consent to the policy."--Letter of Hon. James L. Orr, of S.C., to John Martin and others, July 23, 1860.]

"On the question of possibility of citizenship to one of the Dred Scott color, extraction, and origin, three Justices, viz., Taney, Wayne, and Daniels, held the negative. Nelson and Campbell passed over the plea by which the question was raised. Grier agreed with Nelson. Catron said the question was not open. McLean agreed with Catron, but thought the plea bad. Curtis agreed that the question was open, but attacked the plea, met its averments, and decided that a free-born colored person, native to any State, is a citizen thereof by birth, and is therefore a citizen of the Union, and entitled to sue in the Federal Courts.

"Had a majority of the court directly sustained the plea in abatement, and denied the jurisdiction of the Circuit Court appealed from, then all else they could have said and done would have been done and said in a cause not theirs to try and not theirs to discuss. In the absence of such a majority, one step more was to be taken. And the next step reveals an agreement of six of the Justices, on a point decisive of the cause, and putting an end to all the functions of the court.

"It is this. Scott was first carried to Rock Island, in the State of Illinois, where he remained about two years, before going with his master to Fort Snelling, in the Territory of Wisconsin. His claim to freedom was rested on the alleged effect of his translation from a slave State, and again into a free territory. If, by his removal to Illinois, he became emancipated from his master, the subsequent continuance of his pilgrimage into the Louisiana purchase could not add to his freedom, nor alter the fact. If, by reason of any want or infirmity in the laws of Illinois, or of conformity on his part to their behests, Dred Scott remained a slave while he remained in that State, then--for the sake of learning the effect on him of his territorial residence beyond the Mississippi, and of his marriage and other proceedings there, and the effect of the sojournment and marriage of Harriet, in the same territory, upon herself and her children--it might become needful to advance one other step into the investigation of the law; to inspect the Missouri Compromise, banishing slavery to the south of the line of 36° 30' in the Louisiana purchase.