John William Burgess

“ There were many generous-hearted, fair-minded, upright men there, among both the slaveholders and the non-slaveholders, who would no sooner have done wrong than suffered wrong. Most of them felt, however, that Kansas for the South and slavery, and Nebraska for the North, was the fair thing, the only fair thing, the thing understood and intended in the organization of the two Territories by one Act, and that any attempt on the part of the North to make Kansas a non-slaveholding Territory was a breach of faith, which ought to be resisted by the South, and especially by Missouri. ”

“ A period of darkness now settled down upon these unhappy communities blacker and more hopeless than the worst experiences of the war. The conduct of the men who now appeared upon the scene as the creators of the new South was so tyrannic, corrupt, mean and vulgar as to repel the historian from attempting any detailed account of their doings, and incline him to the vaguest outline. Moreover it is most difficult to fix upon reliable facts in this period of confusion and political night, illuminated only by the lurid gleams of passion and hatred. ”

“ Before 1830, indeed, as we have so often seen, slavery in the United States had been regarded as a grievous evil by most of the great spirits of the age and country, and schemes for gradual emancipation had been invented, and, in some slight degree, had been put into operation. It was, however, the humanitarian outburst of 1830, and the succeeding years, which represented slavery as a sin and a crime against the universal principle of human liberty and the rights of man, a sin which called for immediate expiation by instantaneous, unqualified, and uncompensated abolition. ”

“ It is not easy to see how the rich swamp-lands of these colonies could ever have been reclaimed and made tributary to the civilization of the world in any way but by the employment of negro labor. And it is no easier to see how the pure negro could then have been brought to do this great work save through slavery to the white race, save by being forced to contribute the muscular effort, under the direction of the superior intelligence of the white race, to the realization of objects determined by that superior intelligence. The negro is proof against malaria, and thrives under the burning sun. ”

“ A black skin means membership in a race of men which has never of itself succeeded in subjecting passion to reason, has never, therefore, created any civilization of any kind. To put such a race of men in possession of a "State" government in a system of federal government is to trust them with the development of political and legal civilization upon the most important subjects of human life, and to do this in communities with a large white population is simply to establish barbarism in power over civilization. ”

“ Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others. It is as much the duty of the House of Representatives, of the Senate, and of the President, to decide upon the constitutionality of any bill or resolution which may be presented to them for passage or approval, as it is of the Supreme Judges when it may be brought before them for decision. The opinion of the Judges has no more authority over Congress than the opinion of Congress has over the Judges ”

“ Real civil liberty is always national. Its concepts and principles spring out of the national consciousness of rights and wrongs. And civil equality is the first principle of modern justice, the most pressing behest of the public morality of the age. Moreover, this measure did not militate against the President's plan of Reconstruction. He could have accepted it without compromising that plan in the slightest, and it was a monumental blunder on his part that he did not do so.
On the 27th of March, he sent his veto of the bill into the Senate. ”

“ We know that no constitutional convention has, or then had, any such powers in our system. It was nothing more or less than a palpable usurpation of constituent power when the convention in Arkansas presumed to add this qualification to those prescribed by Congress for voting upon the ratification of the constitution itself. ”

“ The power which made the Constitution can alone set up the metes and bounds between the realm of authority of the general Government and that of the Commonwealths. This is the indispensable condition of federal government. If the general Government possesses such power, the system is centralized in theory, and may become so in fact at the pleasure of the general Government. If, on the other hand, the Commonwealths possess such power, the system is the loosest form of confederation, an international league. ”

“ It is true that violence began there, and in its degeneration into savagery developed those devilish dispositions that carried murder and robbery into Virginia, and thereby helped mightily to create that intensely hostile feeling between the North and the South which resulted in Civil War, but we affront good morals and common sense when we dignify those Kansas atrocities by the title of war; and we obliterate moral distinctions when we attempt to justify them by the end which their authors professed to have in view, the extermination of African slavery throughout the country. ”

“ There is no doubt that many of the more radical members of Congress had been long considering the question of creating an entirely new electorate in the South as the only proper basis for reconstruction, and that some of the conservatives, from being opponents of this idea at the beginning of the year, had, by the middle of it, begun, at least, to waver. To those who could read the signs of the times correctly, it was manifest that a rejection of the proposed Fourteenth Amendment by these communities would lead Congress forward upon that line. ”

“ In self-defence the South must secure, therefore, the formation of new slaveholding Commonwealths. At the moment the representation in the Senate was evenly balanced, but in the House it stood against the South, one hundred and forty-one to ninety-nine. One more non-slaveholding Commonwealth, without an offset on the other side, would destroy the balance in the Senate and enable the North to undertake legislation hostile to slavery. ”

“ What it really sought and accomplished was national independence against foreign rule. Those, however, who formulated the creed of the Revolution sought its justification in the doctrine of human rights rather than in that of national rights. The philosophy of the eighteenth century was a humanitarian outburst. Politically and legally it is summed up in the very misleading propositions that all men are born equal and are endowed with freedom, and that the people have the right to change or abolish existing government at their pleasure. ”

“ Would not war, undertaken in defence of one foreign Power against another, be offensive war, in the sense of the Constitution of the United States, such war as Congress alone can authorize? Or, could Texas be considered a part of the United States from the moment that the two Presidents signed the Treaty of annexation, and before its ratification by the respective Senates, thus making war in her defence defensive war, such war as the President of the United States may, of his own power, undertake? ”

“ Congress might thus prohibit slavery in the Territories, and the Territories would thus become settled by a free population, an anti-slavery population, which would form Commonwealths at the proper time, in which the free status would be perpetuated by Commonwealth law. And when a sufficient number of free Commonwealths had been thus created to give the necessary majorities to amend the Constitution in the direction of abolition, slavery might be extinguished in the Commonwealths which had already legalized it. ”

“ In the light of these considerations it certainly appears that the cause of free labor won a substantial triumph in the Missouri compromise, and that, in place of that shameful surrender of freedom to slavery, so emphasized by certain historians, a mighty step forward in the progress of liberty was taken.
It was confidently hoped and believed that the compromise had solved the slavery problem, in so far as Congress could solve it. The whole country breathed more easily and the thoughts of men were turned to other subjects. ”

“ The old ruling class in American society was driven from place and power, and a new, untried, and inexperienced set of men seized the reins of Government. It looked something like a combination of the South and West against the East. They had, however, secured the two most important Eastern Commonwealths through Van Buren's activity in New York and Jackson's own popularity in Pennsylvania. It was not yet, however, a socialistic uprising against the wealth of the East. It was a political uprising against the monopoly of office-holding by the old official aristocracy. ”

“ There is now certainly little question that the determination of the civil status of all persons is, from an ethical point of view, a matter of national concern, and that that status must be fixed, in general principle, by a national act. There is just as little question that the denial of personal liberty to any human being of adult years does not comport with the civilization of the nineteenth century. ”

“ When we find Tallmadge, of New York, the self-same person who introduced, at the same session, the proposition for restricting slavery in Missouri, defending Jackson's course in every particular, while Cobb, of Georgia, attacked it, and when we consider that John Quincy Adams, the life-long opponent of slavery, sustained Jackson in the cabinet, while Calhoun moved to bring him to account for disobedience to orders, we are bound to conclude that we have here nothing whatsoever to do with the question of slavery. ”

“ With such an increasing control over the tenure of the President, it is not astonishing that the Congress, and even the individual members of Congress, exercised an ever increasing control over his acts and his policy. The encroaching legislature was fast developing the principle of parliamentary government as the principle of the American system, while the Constitution provides the principle of executive independence and presidential administration. ”

“ In fact they degraded the poor whites more than they did the blacks. The blacks felt, and were proud of, the increased importance of their masters. And, naturally, this spirit and life among the slaveholding class made the generation which grew up under them eager for adventure and war, intensely tenacious of rights, sensitive to every only apparent discourtesy, and resentful of every semblance of interference from without. The War with Mexico, the filibustering expeditions, and the Civil War itself, were all national consequences of the social development in the South after 1836. ”

“ But if the murders, and robberies, and arson committed in Kansas were not war, they were the forerunners of war. The last expedient which the minds of men could invent for putting the slavery question in the position of a purely local matter had been tried, and had utterly and miserably failed. The nation must now settle the question, by peaceable means if it could, but if it could not, then by force. ”

“ The extension of slavery to new Commonwealths was thus manifestly a necessity to its permanent security, and even continuance, in the Commonwealths where it already existed. The policy of the slaveholders must be to allow no new non-slaveholding Commonwealth to be formed without another slaveholding Commonwealth to match it, and to secure the extension of the territory of the United States toward the South. ”

“ It is only when we take all of these considerations together that we comprehend the reasoning of the men of the first decade of this century upon the great question. They saw a great interest developing which was bringing wealth and comfort into an impoverished country. They knew that it could be then sustained only by negro labor. They did not believe that the negro would work unless forced to it by the white man. They thought it was better for the negro himself to have food, clothing, and shelter, in slavery, than to starve, or become a robber, in liberty. ”

“ It will not improve matters to concede that the South had right and the North might, or, even, that both were equally right and equally wrong. Such a doctrine can only work injury to both, and more injury to the South than to the North. Chewing the bitter cud of fancied wrong produces both spiritual misery and material adversity, and tempts to foolish and reckless action for righting the imagined injustice. Moreover, any such doctrine is false, and acquiescence in it, however kindly meant, is weak, and can have no other effect than the perpetuation of error and misunderstanding. ”

“ It is an incontrovertible proof of the universality and intensity of the opposition to the farther spread of slavery that the common consciousness of the age acquiesced in this most latitudinarian construction of the powers of the Confederate Congress, and that the Congress itself voted the measure with but a single dissenting voice. ”

“ In Luther Martin's famous letter to the legislature of Maryland upon the work of the Convention of 1787, a very significant passage concerning the existing views upon slavery occurs. He wrote: "At this time we do not generally hold this commerce" (the slave-trade) "in so great abhorrence as we have done. When our liberties were at stake we warmly felt for the common rights of men. The danger being thought to be past which threatened ourselves we are daily growing more insensible to those rights." ”