"Mr. President, three great eras have marked the history of this country, in respect of slavery. The first may be characterized as the era of enfranchisement. It commenced with the earliest struggle for national independence. The spirit which inspired it animated the hearts and prompted the efforts of Washington, of Jefferson, of Patrick Henry, of Wythe, of Adams, of Jay, of Hamilton, of Morris—in short, of all the great men of our early history. All these hoped, all these labored for, all these believed in the final deliverance of the country from the curse of slavery. That spirit burned in the Declaration of Independence, and inspired the provisions of the Constitution, and of the Ordinance of 1787. Under its influence, when in full vigor, State after State provided for the emancipation of the slaves within their limits, prior to the adoption of the Constitution. Under its feebler influence at a later period, and during the administration of Mr. Jefferson, the importation of slaves was prohibited into Mississippi and Louisiana, in the faint hope that these territories might finally become free States. Gradually that spirit ceased to influence our public councils, and lost its control over the American heart and the American policy. Another era succeeded, but by such imperceptible gradations that the hues which separate the two cannot be traced with absolute precision. The facts of the two eras meet and mingle as the currents of confluent streams mix so imperceptibly that the observer cannot fix the spot where the meeting waters blend."This second era was the era of Conservatism. Its great maxim was to preserve the existing condition. Men said, let things remain as they are; let slavery stay where it is; exclude it where it is not; refrain from disturbing the public quiet by agitation; adjust all differences that arise, not by the application of principles, but by compromises."It was during this period that the senator tells us that slavery was maintained in Illinois, both while a territory and after it became a State, in despite of the provisions of the ordinance. It is true, sir, that the slaves held in the Illinois country, under the French law, were not regarded as absolutely emancipated by the provisions of the ordinance. But full effect was given to the ordinance in excluding the introduction of slaves, and thus the territory was preserved from eventually becoming a slave State. The few slaveholders in the territory of Indiana, which then included Illinois, succeeded in obtaining such an ascendency in its affairs, that repeated applications were made, not merely by conventions of delegates, but by the Territorial Legislature itself, for a suspension of a clause in the ordinance prohibiting slavery. These applications were reported upon by John Randolph, of Virginia, in the House, and by Mr. Franklin, in the Senate. Both the reports were against suspension. The grounds stated by Randolph are specially worthy of being considered now. They are thus stated in the report:"'That the committee deem it highly dangerous and inexpedient to impair a provision wisely calculated to promote the happiness and prosperity of the northwestern country, and to give strength and security to that extensive frontier. In the salutary operation of this sagacious and benevolent restraint, it is believed that the inhabitants of Indiana will, at no very distant day, find ample remuneration for a temporary privation of labor and of emigration.'"Sir, these reports, made in 1803 and 1807, and the action of Congress upon them, in conformity with their recommendation, saved Illinois, and perhaps Indiana, from becoming slave States. When the people of Illinois formed their State constitution, they incorporated into it a section providing that neither slavery nor involuntary servitude shall be hereafter introduced into this State. The constitution made provision for the continued service of the few persons who were originally held as slaves, and then bound to service under the Territorial laws, and for the freedom of their children, and thus secured the final extinction of slavery. The senator thinks that this result is not attributable to the ordinance. I differ from him. But for the ordinance I have no doubt slavery would have been introduced into Indiana, Illinois, and Ohio. It is something to the credit of the era of conservatism, uniting its influences with those of the expiring era of enfranchisement, that it maintained the Ordinance of 1787 in the north-west."The era of conservatism passed, also, by imperceptible gradations, into the era of slavery propagandism. Under the influences of this new spirit, we opened the whole territory acquired from Mexico, except California, to the ingress of slavery. Every foot of it was covered by a Mexican prohibition; and yet, by the legislation of 1850, we consented to expose it to the introduction of slaves. Some, I believe, have actually been carried into Utah and into New Mexico. They may be few, perhaps, but a few are enough to affect materially the probable character of their future governments."Sir, I believe we are on the verge of another era. The introduction of this question here, and its discussion, will greatly hasten its advent. That era will be the era of reaction. We, who insist upon the denationalization of slavery, and upon the absolute divorce of the General Government from all connection with it, will stand with the men who favored the compromise acts, and who yet wish to adhere to them, in their letter and in their spirit, against the repeal of the Missouri prohibition. You may pass it here, you may send it to the other House, it may become law; but its effect will be to satisfy all thinking men that no compromise with slavery will endure, except so long as they serve the interests of slavery; and that there is no safe and honorable ground to stand upon, except that of restricting slavery within State limits, and excluding it absolutely from the whole sphere of federal jurisdiction. The old questions between political parties are at rest. No great question so thoroughly possesses the public mind as this of slavery. This discussion will hasten the inevitable reorganization of parties upon the new issues which our circumstances suggest. It will light up a fire in the country which may, perhaps, consume those who kindle it."I cannot believe that the people of this country have so far lost sight of the maxims and principles of the Revolution, or are so insensible to the obligations which those maxims and principles impose, as to acquiesce in the violation of this compact. Sir, the Senator from Illinois tells us that he proposes a final settlement of all territorial questions in respect to slavery, by the application of the principle of popular sovereignty. What kind of popular sovereignty is that which allows one portion of the people to enslave another portion? Is that the doctrine of equal rights? Is that exact justice? Is that the teaching of enlightened, liberal, progressive Democracy? No, sir; no! There can be no real Democracy which does not fully maintain the rights of man, as man. Living, practical, earnest Democracy imperatively requires us, while carefully abstaining from unconstitutional interference with the internal regulations of any State upon the subject of slavery, or any other subject, to insist upon the practical application of its great principles in all the legislation of Congress."I repeat, sir, that we who maintain these principles will stand shoulder to shoulder with the men who, differing from us upon other questions, will yet unite with us in opposition to the violation of plighted faith contemplated by this bill. There are men, and not a few, who are willing to adhere to the compromise of 1850. If the Missouri prohibition, which that compromise incorporates and preserves among its own provisions, shall be repealed, abrogated, broken up, thousands will say: Away with all compromises; they are not worth the paper on which they are printed; we will return to the old principles of the Constitution. We will assert the ancient doctrine, that no person shall be deprived of life, liberty or property, by the legislation of Congress, without due process of law. Carrying out that principle into its practical applications, we will not cease our efforts until slavery shall cease to exist wherever it can be reached by the constitutional action of the government."Sir, I have faith in progress. I have faith in Democracy. The planting and growth of this nation, upon this western continent, was not an accident. The establishment of the American Government, upon the sublime principles of the Declaration of Independence, and the organization of the Union of these States, under our existing Constitution, was the work of great men, inspired by great ideas, guided by Divine Providence. These men, the fathers of the Republic, have bequeathed to us the great duty of so administering the government which they organized, as to protect the rights, to guard the interests, and promote the well-being, of all persons within its jurisdiction, and thus present to the nations of the earth a noble example of wise and just self-government. Sir, I have faith enough to believe that we shall yet fulfill this high duty. Let me borrow the inspiration of Milton, while I declare my belief, that we have yet a country 'not degenerated, nor drooping to a fatal decay, but destined, by casting off the old and wrinkled skin of corruption, to outlive these pangs, and wax young again, and, entering the glorious ways of truth and prosperous virtue, become great and honorable in these latter ages. Methinks I see in my mind a great and puissant nation rousing herself like a strong man after sleep, and shaking her invincible locks. Methinks I see her as an eagle mewing her mighty youth, and kindling her undazzled eyes at the full midday beam; purging and unscaling her long-abused sight at the fountain itself of heavenly radiance; while the whole noise of timorous and flocking birds, with those also that love the twilight, flutter about, amazed at what she means, and in their envious gabble would prognosticate a year of sects and schisms.'"Sir, we may fulfill this sublime destiny, if we will but faithfully adhere to the great maxims of the Revolution; honestly carrying into their legitimate practical applications the high principles of democracy; and preserve inviolate plighted faith and solemn compacts. Let us do this, putting our trust in the God of our fathers, and there is no dream of national prosperity, power, and glory, which ancient or modern builders of ideal commonwealths ever conceived, which we may not hope to realize. But if we turn aside from these ways of honor, to walk in the by-paths of temporary expedients, compromising with wrong, abetting oppression, and repudiating faith, the wisdom and devotion and labors of our fathers will have been all—all in vain."Sir, I trust that the result of this discussion will show that the American Senate will sanction no breach of compact. Let us strike from the bill the statement which historical facts and our personal recollections disprove, and then reject every proposition which looks toward a violation of the plighted faith and solemn compact which our fathers made, and which we, their sons, are bound, by every tie of obligation, sacredly to maintain."
"Mr. President, three great eras have marked the history of this country, in respect of slavery. The first may be characterized as the era of enfranchisement. It commenced with the earliest struggle for national independence. The spirit which inspired it animated the hearts and prompted the efforts of Washington, of Jefferson, of Patrick Henry, of Wythe, of Adams, of Jay, of Hamilton, of Morris—in short, of all the great men of our early history. All these hoped, all these labored for, all these believed in the final deliverance of the country from the curse of slavery. That spirit burned in the Declaration of Independence, and inspired the provisions of the Constitution, and of the Ordinance of 1787. Under its influence, when in full vigor, State after State provided for the emancipation of the slaves within their limits, prior to the adoption of the Constitution. Under its feebler influence at a later period, and during the administration of Mr. Jefferson, the importation of slaves was prohibited into Mississippi and Louisiana, in the faint hope that these territories might finally become free States. Gradually that spirit ceased to influence our public councils, and lost its control over the American heart and the American policy. Another era succeeded, but by such imperceptible gradations that the hues which separate the two cannot be traced with absolute precision. The facts of the two eras meet and mingle as the currents of confluent streams mix so imperceptibly that the observer cannot fix the spot where the meeting waters blend.
"This second era was the era of Conservatism. Its great maxim was to preserve the existing condition. Men said, let things remain as they are; let slavery stay where it is; exclude it where it is not; refrain from disturbing the public quiet by agitation; adjust all differences that arise, not by the application of principles, but by compromises.
"It was during this period that the senator tells us that slavery was maintained in Illinois, both while a territory and after it became a State, in despite of the provisions of the ordinance. It is true, sir, that the slaves held in the Illinois country, under the French law, were not regarded as absolutely emancipated by the provisions of the ordinance. But full effect was given to the ordinance in excluding the introduction of slaves, and thus the territory was preserved from eventually becoming a slave State. The few slaveholders in the territory of Indiana, which then included Illinois, succeeded in obtaining such an ascendency in its affairs, that repeated applications were made, not merely by conventions of delegates, but by the Territorial Legislature itself, for a suspension of a clause in the ordinance prohibiting slavery. These applications were reported upon by John Randolph, of Virginia, in the House, and by Mr. Franklin, in the Senate. Both the reports were against suspension. The grounds stated by Randolph are specially worthy of being considered now. They are thus stated in the report:
"'That the committee deem it highly dangerous and inexpedient to impair a provision wisely calculated to promote the happiness and prosperity of the northwestern country, and to give strength and security to that extensive frontier. In the salutary operation of this sagacious and benevolent restraint, it is believed that the inhabitants of Indiana will, at no very distant day, find ample remuneration for a temporary privation of labor and of emigration.'
"Sir, these reports, made in 1803 and 1807, and the action of Congress upon them, in conformity with their recommendation, saved Illinois, and perhaps Indiana, from becoming slave States. When the people of Illinois formed their State constitution, they incorporated into it a section providing that neither slavery nor involuntary servitude shall be hereafter introduced into this State. The constitution made provision for the continued service of the few persons who were originally held as slaves, and then bound to service under the Territorial laws, and for the freedom of their children, and thus secured the final extinction of slavery. The senator thinks that this result is not attributable to the ordinance. I differ from him. But for the ordinance I have no doubt slavery would have been introduced into Indiana, Illinois, and Ohio. It is something to the credit of the era of conservatism, uniting its influences with those of the expiring era of enfranchisement, that it maintained the Ordinance of 1787 in the north-west.
"The era of conservatism passed, also, by imperceptible gradations, into the era of slavery propagandism. Under the influences of this new spirit, we opened the whole territory acquired from Mexico, except California, to the ingress of slavery. Every foot of it was covered by a Mexican prohibition; and yet, by the legislation of 1850, we consented to expose it to the introduction of slaves. Some, I believe, have actually been carried into Utah and into New Mexico. They may be few, perhaps, but a few are enough to affect materially the probable character of their future governments.
"Sir, I believe we are on the verge of another era. The introduction of this question here, and its discussion, will greatly hasten its advent. That era will be the era of reaction. We, who insist upon the denationalization of slavery, and upon the absolute divorce of the General Government from all connection with it, will stand with the men who favored the compromise acts, and who yet wish to adhere to them, in their letter and in their spirit, against the repeal of the Missouri prohibition. You may pass it here, you may send it to the other House, it may become law; but its effect will be to satisfy all thinking men that no compromise with slavery will endure, except so long as they serve the interests of slavery; and that there is no safe and honorable ground to stand upon, except that of restricting slavery within State limits, and excluding it absolutely from the whole sphere of federal jurisdiction. The old questions between political parties are at rest. No great question so thoroughly possesses the public mind as this of slavery. This discussion will hasten the inevitable reorganization of parties upon the new issues which our circumstances suggest. It will light up a fire in the country which may, perhaps, consume those who kindle it.
"I cannot believe that the people of this country have so far lost sight of the maxims and principles of the Revolution, or are so insensible to the obligations which those maxims and principles impose, as to acquiesce in the violation of this compact. Sir, the Senator from Illinois tells us that he proposes a final settlement of all territorial questions in respect to slavery, by the application of the principle of popular sovereignty. What kind of popular sovereignty is that which allows one portion of the people to enslave another portion? Is that the doctrine of equal rights? Is that exact justice? Is that the teaching of enlightened, liberal, progressive Democracy? No, sir; no! There can be no real Democracy which does not fully maintain the rights of man, as man. Living, practical, earnest Democracy imperatively requires us, while carefully abstaining from unconstitutional interference with the internal regulations of any State upon the subject of slavery, or any other subject, to insist upon the practical application of its great principles in all the legislation of Congress.
"I repeat, sir, that we who maintain these principles will stand shoulder to shoulder with the men who, differing from us upon other questions, will yet unite with us in opposition to the violation of plighted faith contemplated by this bill. There are men, and not a few, who are willing to adhere to the compromise of 1850. If the Missouri prohibition, which that compromise incorporates and preserves among its own provisions, shall be repealed, abrogated, broken up, thousands will say: Away with all compromises; they are not worth the paper on which they are printed; we will return to the old principles of the Constitution. We will assert the ancient doctrine, that no person shall be deprived of life, liberty or property, by the legislation of Congress, without due process of law. Carrying out that principle into its practical applications, we will not cease our efforts until slavery shall cease to exist wherever it can be reached by the constitutional action of the government.
"Sir, I have faith in progress. I have faith in Democracy. The planting and growth of this nation, upon this western continent, was not an accident. The establishment of the American Government, upon the sublime principles of the Declaration of Independence, and the organization of the Union of these States, under our existing Constitution, was the work of great men, inspired by great ideas, guided by Divine Providence. These men, the fathers of the Republic, have bequeathed to us the great duty of so administering the government which they organized, as to protect the rights, to guard the interests, and promote the well-being, of all persons within its jurisdiction, and thus present to the nations of the earth a noble example of wise and just self-government. Sir, I have faith enough to believe that we shall yet fulfill this high duty. Let me borrow the inspiration of Milton, while I declare my belief, that we have yet a country 'not degenerated, nor drooping to a fatal decay, but destined, by casting off the old and wrinkled skin of corruption, to outlive these pangs, and wax young again, and, entering the glorious ways of truth and prosperous virtue, become great and honorable in these latter ages. Methinks I see in my mind a great and puissant nation rousing herself like a strong man after sleep, and shaking her invincible locks. Methinks I see her as an eagle mewing her mighty youth, and kindling her undazzled eyes at the full midday beam; purging and unscaling her long-abused sight at the fountain itself of heavenly radiance; while the whole noise of timorous and flocking birds, with those also that love the twilight, flutter about, amazed at what she means, and in their envious gabble would prognosticate a year of sects and schisms.'
"Sir, we may fulfill this sublime destiny, if we will but faithfully adhere to the great maxims of the Revolution; honestly carrying into their legitimate practical applications the high principles of democracy; and preserve inviolate plighted faith and solemn compacts. Let us do this, putting our trust in the God of our fathers, and there is no dream of national prosperity, power, and glory, which ancient or modern builders of ideal commonwealths ever conceived, which we may not hope to realize. But if we turn aside from these ways of honor, to walk in the by-paths of temporary expedients, compromising with wrong, abetting oppression, and repudiating faith, the wisdom and devotion and labors of our fathers will have been all—all in vain.
"Sir, I trust that the result of this discussion will show that the American Senate will sanction no breach of compact. Let us strike from the bill the statement which historical facts and our personal recollections disprove, and then reject every proposition which looks toward a violation of the plighted faith and solemn compact which our fathers made, and which we, their sons, are bound, by every tie of obligation, sacredly to maintain."
Mr. Chase's opinions respecting the independence of the State courts can be gathered from his message to the Ohio Legislature, Jan. 4, 1858. We quote:
"A disposition has been manifested, within the last few years, by some of the officials of the Federal Government, exercising their functions within the limits of Ohio, to disregard the authority, and to encroach upon the rights of the State, to an extent and in a manner which demands your notice."In February, 1856, several colored persons were seized in Hamilton County as fugitive slaves. One of these persons, Margaret Garner, in the frenzy of the moment, impelled, as it seems, by the dread of seeing her children dragged, with herself, back to slavery, attempted to slay them on the spot, and actually succeeded in killing one. For this act, she and her companions were indicted by the grand jury for the crime of murder, and were taken into custody upon a writ regularly issued from the Court of Common Pleas."While thus imprisoned under the legal process of a State court, for the highest crime known to our code, a writ of habeas corpus was issued by a judge of the District Court of the United States, requiring their production before him. The writ was obeyed by the sheriff, and, contrary to all expectations, and in disregard, as I must think, of principle and authority, the prisoners were taken from his custody by order of the judge, and, without allowing any opportunity for the interposition of the State authorities, delivered over to the Marshal of the United States, by whom they were immediately transported beyond our limits. The alleged ground for this action and order was that the indicted parties had been seized as fugitive slaves upon a Federal Commissioner's warrant, before the indictment and arrest, and that the right to their custody, thus acquired, was superior to that of the sheriff, under the process of the State. This doctrine must necessarily give practical impunity to murder whenever the murderer may be seized by a federal official as a fugitive from service before arrest for the crime under State authority. Imputing no wrong intention to the judge, I am constrained to add that his proceeding seems to me an abuse, rather than an exercise, of judicial power."A similar case occurred more recently in the county of Champaign. Several deputies of the federal marshal having arrested certain citizens of this State for some alleged offence against the Fugitive Slave act, a writ of habeas corpus was issued by the probate judge of that county, requiring the arrested parties to be brought before him for inquiry into the grounds of detention. The sheriff of Clark County, while attempting to execute this writ, was assaulted by these petty officials and seriously injured, while his deputy was fired upon, though happily without effect. A warrant was issued by a justice of the peace for the apprehension of the perpetrators of these offences. This warrant was duly executed and the prisoners committed to jail under the custody of the sheriff of Clark County. A writ of habeas corpus was then issued by the same district judge who had interposed in the case of Margaret Garner, requiring the sheriff of Clark County to produce his prisoners before him at the city of Cincinnati. This writ was also obeyed, and the prisoners were discharged from custody by the order of the judge, on the ground that being federal officers, and charged with the execution of a federal writ, they had a right to overcome, by any necessary violence, all attempts made under the process of a State court, to detain them or their prisoners, even for inquiry into the legality of the custody in which those prisoners were held."This principle cannot be sound. It subverts effectually the sovereignty of the State. It asserts the right of any district judge of the United States to arrest the execution of State process, and to nullify the functions of State courts and juries, whenever in his opinion a person charged with crime under State authority has acted in the matter forming the basis of the charge, in pursuance of any federal law or warrant. No act of Congress, in my judgment, sanctions this principle. Such an act, indeed, would be clearly unconstitutional, because in plain violation of the express provision which requires that the trial of all crimes shall be by jury."It is deeply to be regretted that collisions of this kind should occur. The authorities of Ohio have never failed in due consideration for the constitutional rights of federal courts, nor will they thus fail. But they cannot admit, without dishonor, that State process is entitled to less respect than federal, nor can they ever concede to federal writs or federal officials a deference which is not conceded to those of the State."The true course is one of mutual respect and mutual deference. Whenever, in any inquiry upon habeas corpus, by any court, State or federal, it may be ascertained that the applicant for the writ is detained under valid process in pursuance of a constitutional law, he should be remanded at once to the custody from which he may have been taken for trial in due course. No investigation should take place into the guilt or innocence of the party charged, or, what is substantially the same thing, whether the facts were justified by the authority under which the applicant was acting at the time. Inquiries of this character are for juries upon a regular trial and in open court; not for a judge at chambers. If made upon one side upon habeas corpus, they must also be made upon the other. If federal courts are to protect federal officials from prosecution by State courts for alleged violations of State law, State courts in their turn must protect State officers from prosecution in federal courts, under similar circumstances. Hence, dangerous conflicts must arise, and imminent peril both to liberty and union."If such conflicts must come, to the extent of the power vested in me, I shall maintain the honor of the State, and support the authority of her courts."
"A disposition has been manifested, within the last few years, by some of the officials of the Federal Government, exercising their functions within the limits of Ohio, to disregard the authority, and to encroach upon the rights of the State, to an extent and in a manner which demands your notice.
"In February, 1856, several colored persons were seized in Hamilton County as fugitive slaves. One of these persons, Margaret Garner, in the frenzy of the moment, impelled, as it seems, by the dread of seeing her children dragged, with herself, back to slavery, attempted to slay them on the spot, and actually succeeded in killing one. For this act, she and her companions were indicted by the grand jury for the crime of murder, and were taken into custody upon a writ regularly issued from the Court of Common Pleas.
"While thus imprisoned under the legal process of a State court, for the highest crime known to our code, a writ of habeas corpus was issued by a judge of the District Court of the United States, requiring their production before him. The writ was obeyed by the sheriff, and, contrary to all expectations, and in disregard, as I must think, of principle and authority, the prisoners were taken from his custody by order of the judge, and, without allowing any opportunity for the interposition of the State authorities, delivered over to the Marshal of the United States, by whom they were immediately transported beyond our limits. The alleged ground for this action and order was that the indicted parties had been seized as fugitive slaves upon a Federal Commissioner's warrant, before the indictment and arrest, and that the right to their custody, thus acquired, was superior to that of the sheriff, under the process of the State. This doctrine must necessarily give practical impunity to murder whenever the murderer may be seized by a federal official as a fugitive from service before arrest for the crime under State authority. Imputing no wrong intention to the judge, I am constrained to add that his proceeding seems to me an abuse, rather than an exercise, of judicial power.
"A similar case occurred more recently in the county of Champaign. Several deputies of the federal marshal having arrested certain citizens of this State for some alleged offence against the Fugitive Slave act, a writ of habeas corpus was issued by the probate judge of that county, requiring the arrested parties to be brought before him for inquiry into the grounds of detention. The sheriff of Clark County, while attempting to execute this writ, was assaulted by these petty officials and seriously injured, while his deputy was fired upon, though happily without effect. A warrant was issued by a justice of the peace for the apprehension of the perpetrators of these offences. This warrant was duly executed and the prisoners committed to jail under the custody of the sheriff of Clark County. A writ of habeas corpus was then issued by the same district judge who had interposed in the case of Margaret Garner, requiring the sheriff of Clark County to produce his prisoners before him at the city of Cincinnati. This writ was also obeyed, and the prisoners were discharged from custody by the order of the judge, on the ground that being federal officers, and charged with the execution of a federal writ, they had a right to overcome, by any necessary violence, all attempts made under the process of a State court, to detain them or their prisoners, even for inquiry into the legality of the custody in which those prisoners were held.
"This principle cannot be sound. It subverts effectually the sovereignty of the State. It asserts the right of any district judge of the United States to arrest the execution of State process, and to nullify the functions of State courts and juries, whenever in his opinion a person charged with crime under State authority has acted in the matter forming the basis of the charge, in pursuance of any federal law or warrant. No act of Congress, in my judgment, sanctions this principle. Such an act, indeed, would be clearly unconstitutional, because in plain violation of the express provision which requires that the trial of all crimes shall be by jury.
"It is deeply to be regretted that collisions of this kind should occur. The authorities of Ohio have never failed in due consideration for the constitutional rights of federal courts, nor will they thus fail. But they cannot admit, without dishonor, that State process is entitled to less respect than federal, nor can they ever concede to federal writs or federal officials a deference which is not conceded to those of the State.
"The true course is one of mutual respect and mutual deference. Whenever, in any inquiry upon habeas corpus, by any court, State or federal, it may be ascertained that the applicant for the writ is detained under valid process in pursuance of a constitutional law, he should be remanded at once to the custody from which he may have been taken for trial in due course. No investigation should take place into the guilt or innocence of the party charged, or, what is substantially the same thing, whether the facts were justified by the authority under which the applicant was acting at the time. Inquiries of this character are for juries upon a regular trial and in open court; not for a judge at chambers. If made upon one side upon habeas corpus, they must also be made upon the other. If federal courts are to protect federal officials from prosecution by State courts for alleged violations of State law, State courts in their turn must protect State officers from prosecution in federal courts, under similar circumstances. Hence, dangerous conflicts must arise, and imminent peril both to liberty and union.
"If such conflicts must come, to the extent of the power vested in me, I shall maintain the honor of the State, and support the authority of her courts."
We have scarcely given the reader a sample of Mr. Chase's style of speech, or opinions on the slavery question, and it is quite possible we have not given the most eloquent extracts which may be found in his public speeches and messages, but we have quoted enough to show every intelligent reader who Mr. Chase is and what his opinions are.
EDWARD BATES.
We shall only give an outline sketch of Edward Bates, of Missouri, for though a man whose name is prominently before the public, yet he has seen little of that congressional life which gives a man a political record.
Mr. Bates was born in Goochland County, Virginia, on the 4th of September, 1793, being the seventh son and twelfth child of Thomas F. Bates. His ancestors came from the west of England to the Jamestown settlement as early as 1625, and they were plain people of the middle rank of English life. They were Quakers, and remained so for more than a century—some of the descendants to this day. The ancestors of Mr. Bates, however, forfeited membership in the Society of Friends—or we should say, rather, Mr. Bates'father, Thomas F. Bates, lost his membership with the Society for bearing arms in the war of the Revolution. A noble cause to die for, and certainly to lose ecclesiastical relations for! He was at the siege of York; and his children from that day were no more Quakers.
The scholastic education of Mr. Bates was not perhaps first-class. He entered no college and passed through with no "course," but was, nevertheless, well taught in the elements, at home, by his father and a kinsman, Benj. Bates, of Hanover; at school, for several years, at Charlotte Hall Academy, Maryland; and a most excellent school it was.
The choice of the young man for a profession was the navy, and in the winter of 1811-12, a midshipman's warrant was offered him; but in deference to the wishes of his mother, he declined it and gave up his choice. This fact gives a key to the man's character. He has always been willing to do his duty, however great the personal sacrifice. In 1813, he served as a volunteer at Norfolk, Va., in a militia regiment. In 1814, he emigrated to St. Louis, under the kind care of his elder brother, Frederick Bates, then Secretary of Missouri Territory, and afterward Governor of the State. He entered the law office of Rufus Easton, an eminent lawyer, who was in his time a delegate from the territory in Congress. In 1816, he was duly licensed to practise law, and succeeded so well that in 1819 he was appointed Circuit Attorney. In 1820, he was one of the eight men who represented St. Louis County in the convention which formed the State Constitution for Missouri. Later, he was the Attorney-General of the State; and later yet, was elected for several times to both houses of the Missouri General Assembly. In 1824, President Monroe appointed him U.S. Attorney-General for the Missouri District. In 1826, he was elected to Congress, where he served honorably for two years. In 1828, he ran again, but was beaten by the storm of Jackson politics. This result of the congressional campaign seemed to disgust him with public political life, and he quietly withdrew to private life. He has since steadily practised law to support a large family—with one exception. In 1853, he was elected Judge of the St. Louis Land Court. After performing the duties of the office for about three years, he resigned it and went back to the practice of the law.
In 1847, to go back a little, Mr. Bates presided over the Internal Improvement Convention at Chicago. In 1850, Mr. Fillmore appointed him Secretary of War, but he declined the office. In 1856, he presided at the Whig Convention in Baltimore; in 1858, received from Harvard University the honorary degree of Doctor of Laws. We omitted to mention that, in 1823, Mr. Bates married Julia D. Coulter, a native of South Carolina, by whom he has had seventeen children, eight of whom survive.
Before we give a few of Mr. Bates' political opinions, one fact should be stated. He, a southern man, went to Missouri and became a slaveholder, by inheritance and otherwise; yet, a few years since, set his slaves free, and is understood to be unequivocally in favor of emancipation in the State of Missouri.
Now for Mr. Bates' political opinions—and we shall quote from his late letter. He says, speaking of slavery:
"As to the negro question, I have always thought, and often declared, in speech and in print, that it is a pestilent question, the agitation of which has never done good to any party, section, or class, and never can do good, unless it be accounted good to stir up the angry passions of men, and exasperate the unreasoning jealousies of sections, and by these bad means foist some unfit men into office, and keep some fit men out. It is a sensitive question, into whose dangerous vortex it is quite possible for good men to be drawn unawares. But when I see a man, at the South or the North, of mature age and some experience, persist in urging the question, after the successful experience of the last few years, I can attribute his conduct to no higher motive than personal ambition or sectional prejudice."
"As to the negro question, I have always thought, and often declared, in speech and in print, that it is a pestilent question, the agitation of which has never done good to any party, section, or class, and never can do good, unless it be accounted good to stir up the angry passions of men, and exasperate the unreasoning jealousies of sections, and by these bad means foist some unfit men into office, and keep some fit men out. It is a sensitive question, into whose dangerous vortex it is quite possible for good men to be drawn unawares. But when I see a man, at the South or the North, of mature age and some experience, persist in urging the question, after the successful experience of the last few years, I can attribute his conduct to no higher motive than personal ambition or sectional prejudice."
This is all Mr. Bates says on the slavery question. He then goes on to speak in favor of internal improvements to advance the interests and protect the rights and industry of the country.
"Protection, if not the sole, is the chief end of government. It is for the governing power to judge, in every instance, what kind and what degree of protection is needful—whether a navy to guard our commerce all around the world, or an army to defend the country against armed invasion from without, or domestic insurrection from within; or a tariff to protect our home industry against the dangerous obtrusion of foreign labor and capital."
"Protection, if not the sole, is the chief end of government. It is for the governing power to judge, in every instance, what kind and what degree of protection is needful—whether a navy to guard our commerce all around the world, or an army to defend the country against armed invasion from without, or domestic insurrection from within; or a tariff to protect our home industry against the dangerous obtrusion of foreign labor and capital."
As to our foreign policy generally, he says he is willing to leave it where Washington placed it, on the sage maxim, "Peace with all nations; entangling alliances with none." The greedy appetite for foreign acquisition which makes us covet our neighbor's lands, and devise cunning schemes to get them, has little of his sympathy. He argues this point briefly, but forcibly, opposing the acquisition of Cuba, and the other islands and Central American countries which would then be demanded. As to buying them, we had better wait till we cease borrowing money to pay current expenses; and before conquering, pause and estimate the cost of rushing into war with all maritime Europe, and half of America. Cuba has much more to fear from us than we have to fear from Cuba. Mr. Bates continues:
"But suppose we could get, honestly and peaceably, the whole country, continental and insular, from the Rio Grande to the Orinoco, and from Trinidad to Cuba, and thus establish ourmare clausum, and shut the gate of the world across the Isthmus, can we govern them wisely and well? For the last few years, in the attempt to govern our home territories of Kansas and Utah, we have not very well maintained the dignity and justice of the nation, nor secured the peace and prosperity of the subject people...."For my part, I should grieve to have my country become, like Rome, a conquering and dominant nation; for I think there are few or no examples in history, of governments whose chief objects were glory and power, which did ever secure the happiness and prosperity of their own people. Such governments may grow great and famous, and advance a few of their citizens to wealth and nobility, but the price of their grandeur is the personal independence and individual freedom of their people. Still less am I inclined to see absorbed into our system, "on an equal footing with the original States," the various and mixed races (amounting to I know not how many millions) which inhabit the continent and isthmus south of our present border. I am not willing to inoculate our body politic with the virus of their diseases, political and social—diseases which, with them, are chronic and hereditary, and with us could hardly fail to produce corruption in the mind and weakness in the members."
"But suppose we could get, honestly and peaceably, the whole country, continental and insular, from the Rio Grande to the Orinoco, and from Trinidad to Cuba, and thus establish ourmare clausum, and shut the gate of the world across the Isthmus, can we govern them wisely and well? For the last few years, in the attempt to govern our home territories of Kansas and Utah, we have not very well maintained the dignity and justice of the nation, nor secured the peace and prosperity of the subject people....
"For my part, I should grieve to have my country become, like Rome, a conquering and dominant nation; for I think there are few or no examples in history, of governments whose chief objects were glory and power, which did ever secure the happiness and prosperity of their own people. Such governments may grow great and famous, and advance a few of their citizens to wealth and nobility, but the price of their grandeur is the personal independence and individual freedom of their people. Still less am I inclined to see absorbed into our system, "on an equal footing with the original States," the various and mixed races (amounting to I know not how many millions) which inhabit the continent and isthmus south of our present border. I am not willing to inoculate our body politic with the virus of their diseases, political and social—diseases which, with them, are chronic and hereditary, and with us could hardly fail to produce corruption in the mind and weakness in the members."
The letter concludes as follows:
"It seems to me that an efficient, home-loving government, moderate and economical in its administration, peaceful in its objects, and just to all nations, need have no fear of invasion at home, or serious aggressions abroad. The nations of Europe have to stand continually in defence of their existence, but the conquest of our country by a foreign power is simply impossible, and no nation is so absurd as to entertain the thought. We may conquer ourselves by local strifes and sectional animosities, and when, by our folly and wickedness, we have accomplished that great calamity, there will be none to pity us for the consequences of so great a crime."If our government would devote all its energies to the promotion of peace and friendship with all foreign countries; the advancement of commerce; the increase of agriculture; the growth and stability of manufactures, and the cheapening, quickening, and securing the internal trade and travel of our country; in short, if it would devote itself in earnest to the establishment of a wise and steady policy of internal government, I think we should witness a growth and consolidation of wealth and comfort, and power for good, which cannot be reasonably hoped for from a fluctuating policy, always watching for the turns of good fortune, or from a grasping ambition to seize new territories, which are hard to get and harder to govern."The present position of the administration is a sorrowful commentary upon the broad democracy of its professions. In theory, the people have the right and ability to do anything—in practice, we are verging rapidly to the one man power."The President, the ostensible head of the national Democrats, is eagerly striving to concentrate power in his own hands, and thus exclude both the people and their representatives from the actual affairs of government. Having emptied the treasury, which he found full, and living precariously upon the borrowed money, he now demands of Congress to intrust to his unchecked discretion the war power, the purse, and the sword."First, he asks Congress to authorize him, by statute, to use the army to takemilitarypossession of northern Mexico, and hold it under hisprotectorate, and as a security for debts due to our citizens.Civilpossession would not answer, for that exposes him, as in the case of Kansas, to be annoyed by a factious Congress, and a rebellious territorial legislature."Second, not content with this, he demands discretionary power to use the army and navy in the South also, in blockading the coast and marching his troops into the interior of Mexico and New Granada, to protect our citizens against all evil doers along the transit route of Tehuantepec and Panama, and he and his supporters claim this enormous power upon the ground that, in this particular at least, he ought to be the equal of the greatest monarch of Europe. They forget that our fathers limited the power of the President by design, and for the reason that they had found out, by sad experience, that the monarchs of Europe were too strong for freedom."Third, in strict pursuance of his doctrine, first publicly announced from Ostend, he demands of Congress to hand over to him thirty millions of dollars, to be used at his discretion, to facilitate his acquisition of Cuba. Facilitate—how? Perhaps it would be imprudent to tell."Add to all this the fact (as yet unexplained) that one of the largest naval armaments which sailed from our coasts is now operating in South America, ostensibly against a poor little republic far up the Plata River, to settle some little quarrel between the two Presidents. If Congress had been polite enough to grant the President's demand of the sword and the purse against Mexico, Central America and Cuba, this navy, its duty done at the South, might be made, on its way home, to arrive in the Gulf very opportunely, to aid the 'Commander-in-Chief' in the acquisition of some very valuable territory."I allude to these facts with no malice against Mr. Buchanan, but as evidences of the dangerous change which is now obviously sought to be made in the practical working of the Government—the concentration of power in the hands of the President—and the dangerous policy, now almost established, of looking abroad for temporary glory and aggrandizement, instead of looking at home for all the purposes of good government—peaceable, moderate, economical—protecting all interests, and by a fixed policy calling into safe exercise all the talents and industry of our people, and thus steadily advancing our country in everything which can make a nation great, happy, and permanent."The rapid increase of the public expenditures (and that, too, under the management of statesmen professing to be peculiarly economical) is an alarming sign of corruption and decay."The increase bears no fair proportion to the growth and expansion of the country, but looks rather like wanton waste and criminal negligence. The ordinary objects are not materially augmented—the army and navy remained on a low peace establishment—the military defences are little, if at all enlarged—the improvement of harbors, lakes and rivers is abandoned, and the Pacific railway is not only not begun, but its very location is scrambled for by hungry sections, which succeed in nothing but mutual defeat. In short, the money, to an enormous amount (I am told at the rate of from eighty to one hundred millions a year), is gone, and we have little or nothing to show for it."In profound peace with foreign nations, and surrounded by the proofs of national growth and individual prosperity, the treasury, by less than two years of mismanagement, is made bankrupt, and the government itself is living from hand to mouth on bills of credit and borrowed money! This humiliating state of things could hardly happen, if the men in power were both honest and wise. The democratic economists in Congress confess that they have recklessly wasted the public revenue; they confess it by refusing to raise the tariff to meet the present exigency, and by insisting that they can replenish the exhausted treasury and support the government, in credit and efficiency, by simply striking off their former extravagances."An illustrious predecessor of the President is reported to have declared 'that those who live on borrowed money ought to break.' I do not concur in that harsh saying; yet I am clearly of the opinion that the government, in common prudence (to say nothing of pride and dignity), ought to reserve its credit for great transactions and unforeseen emergencies. In common times of peace, it ought always to have an established revenue, equal, at least, to its current expenses. And that revenue ought to be so levied as to foster and protect the industry of the country, employed in our most necessary and important manufactures."
"It seems to me that an efficient, home-loving government, moderate and economical in its administration, peaceful in its objects, and just to all nations, need have no fear of invasion at home, or serious aggressions abroad. The nations of Europe have to stand continually in defence of their existence, but the conquest of our country by a foreign power is simply impossible, and no nation is so absurd as to entertain the thought. We may conquer ourselves by local strifes and sectional animosities, and when, by our folly and wickedness, we have accomplished that great calamity, there will be none to pity us for the consequences of so great a crime.
"If our government would devote all its energies to the promotion of peace and friendship with all foreign countries; the advancement of commerce; the increase of agriculture; the growth and stability of manufactures, and the cheapening, quickening, and securing the internal trade and travel of our country; in short, if it would devote itself in earnest to the establishment of a wise and steady policy of internal government, I think we should witness a growth and consolidation of wealth and comfort, and power for good, which cannot be reasonably hoped for from a fluctuating policy, always watching for the turns of good fortune, or from a grasping ambition to seize new territories, which are hard to get and harder to govern.
"The present position of the administration is a sorrowful commentary upon the broad democracy of its professions. In theory, the people have the right and ability to do anything—in practice, we are verging rapidly to the one man power.
"The President, the ostensible head of the national Democrats, is eagerly striving to concentrate power in his own hands, and thus exclude both the people and their representatives from the actual affairs of government. Having emptied the treasury, which he found full, and living precariously upon the borrowed money, he now demands of Congress to intrust to his unchecked discretion the war power, the purse, and the sword.
"First, he asks Congress to authorize him, by statute, to use the army to takemilitarypossession of northern Mexico, and hold it under hisprotectorate, and as a security for debts due to our citizens.Civilpossession would not answer, for that exposes him, as in the case of Kansas, to be annoyed by a factious Congress, and a rebellious territorial legislature.
"Second, not content with this, he demands discretionary power to use the army and navy in the South also, in blockading the coast and marching his troops into the interior of Mexico and New Granada, to protect our citizens against all evil doers along the transit route of Tehuantepec and Panama, and he and his supporters claim this enormous power upon the ground that, in this particular at least, he ought to be the equal of the greatest monarch of Europe. They forget that our fathers limited the power of the President by design, and for the reason that they had found out, by sad experience, that the monarchs of Europe were too strong for freedom.
"Third, in strict pursuance of his doctrine, first publicly announced from Ostend, he demands of Congress to hand over to him thirty millions of dollars, to be used at his discretion, to facilitate his acquisition of Cuba. Facilitate—how? Perhaps it would be imprudent to tell.
"Add to all this the fact (as yet unexplained) that one of the largest naval armaments which sailed from our coasts is now operating in South America, ostensibly against a poor little republic far up the Plata River, to settle some little quarrel between the two Presidents. If Congress had been polite enough to grant the President's demand of the sword and the purse against Mexico, Central America and Cuba, this navy, its duty done at the South, might be made, on its way home, to arrive in the Gulf very opportunely, to aid the 'Commander-in-Chief' in the acquisition of some very valuable territory.
"I allude to these facts with no malice against Mr. Buchanan, but as evidences of the dangerous change which is now obviously sought to be made in the practical working of the Government—the concentration of power in the hands of the President—and the dangerous policy, now almost established, of looking abroad for temporary glory and aggrandizement, instead of looking at home for all the purposes of good government—peaceable, moderate, economical—protecting all interests, and by a fixed policy calling into safe exercise all the talents and industry of our people, and thus steadily advancing our country in everything which can make a nation great, happy, and permanent.
"The rapid increase of the public expenditures (and that, too, under the management of statesmen professing to be peculiarly economical) is an alarming sign of corruption and decay.
"The increase bears no fair proportion to the growth and expansion of the country, but looks rather like wanton waste and criminal negligence. The ordinary objects are not materially augmented—the army and navy remained on a low peace establishment—the military defences are little, if at all enlarged—the improvement of harbors, lakes and rivers is abandoned, and the Pacific railway is not only not begun, but its very location is scrambled for by hungry sections, which succeed in nothing but mutual defeat. In short, the money, to an enormous amount (I am told at the rate of from eighty to one hundred millions a year), is gone, and we have little or nothing to show for it.
"In profound peace with foreign nations, and surrounded by the proofs of national growth and individual prosperity, the treasury, by less than two years of mismanagement, is made bankrupt, and the government itself is living from hand to mouth on bills of credit and borrowed money! This humiliating state of things could hardly happen, if the men in power were both honest and wise. The democratic economists in Congress confess that they have recklessly wasted the public revenue; they confess it by refusing to raise the tariff to meet the present exigency, and by insisting that they can replenish the exhausted treasury and support the government, in credit and efficiency, by simply striking off their former extravagances.
"An illustrious predecessor of the President is reported to have declared 'that those who live on borrowed money ought to break.' I do not concur in that harsh saying; yet I am clearly of the opinion that the government, in common prudence (to say nothing of pride and dignity), ought to reserve its credit for great transactions and unforeseen emergencies. In common times of peace, it ought always to have an established revenue, equal, at least, to its current expenses. And that revenue ought to be so levied as to foster and protect the industry of the country, employed in our most necessary and important manufactures."
DANIEL S. DICKINSON.
Daniel Stevens Dickinson was born at Goshen, Litchfield County, Conn., Sept. 11, 1800.
His father, Daniel T. Dickinson, was a farmer, an intelligent, upright man, who through life was devoted to his calling as the most honorable and useful, and left an unsullied name.
In 1806, the family removed to what is now Guilford, Chenango County, New York, where Daniel S. Dickinson spent his boyhood, mostly on the farm, in the usual occupations of a farmer's boy.
His education, as far as public advantages were concerned, was limited to the common schools of the country; but with a spirit of self-reliance, untiring industry and an ardent desire for knowledge and advancement, he availed himself of such private facilities as he could command or devise, and persevering in a plan of self-education systematically, with a fine literary taste and extensive reading and study, he early became a thorough English scholar, well versed in the classics and familiar with general literature.
Between 1816 and 1820, he learned, and worked as apprentice and journeyman at, a mechanic's trade. In 1820, he commenced teaching and was successfully engaged in it considerably up to 1825, both in the common and in academical or select schools.
About 1820, he learned, without a teacher, the art of land surveying, in which he became expert, and practised somewhat extensively until 1828. During a portion of the time, while teaching and surveying, he was also engaged in the study of the law. He married, in 1822, Lydia Knapp, daughter of the late Colby Knapp, M.D., an early settler of Guilford, a prominent member of the medical profession, and extensively identified with the early history of the town and county. They have had four children, only two of whom, the youngest—daughters—are living. In 1828, he was admitted to the practice of the law, and opened an office at Guilford, where he remained in practice until 1831.
In December, 1831, he removed to Binghamton, the county seat of Broome County, New York, where he has ever since resided. He immediately entered upon an extensive legal practice, and soon took rank among the ablest lawyers of the State. He was made the first President of Binghamton, on its municipal organization in 1834. Was a member of the Baltimore Convention which nominated Van Buren and Johnson, in 1835. Was elected to the State Senate in the fall of 1836; took his seat 1st January, 1837, and served for four years as a senator and member of the Court for the Correction of Errors, in both of which capacities, as a debater, legislator and jurist, he maintained a prominent rank. His review in the Senate of the message of Governor Seward established him at once as a leader of his party, and is still referred to among politicians as exhibiting both the tact and power which afterward so strongly marked his public career. His opinions delivered in the Court of Errors are models of conciseness and force, and temper in just proportion the technicalities of law with the deductions of sound reason and strong common sense.
His term in the State Senate expired Dec. 31, 1840. At the election in 1840, he was a candidate for the office of Lieut. Governor, at the time Mr. Van Buren ran the second time for President, and was defeated, though he received 5,000 more votes than Mr. Van Buren.
In 1842, finding that his name was being used again in connection with the office of Lieut. Governor, he declined the nomination in advance of the meeting of the convention, but was nevertheless nominated unanimously and by acclamation, and compelled by circumstances to accept, and was elected by 25,000 majority. The office of Lieut. Governor made him President of the Senate, Presiding Judge of the Court for the Correction of Errors, member of the Canal Board, Regent of the University, etc., etc. His term of office expired Dec. 31, 1844, and he declined a reëlection. It was held during a somewhat stormy period in the history of the State, but was so discharged as to add to his reputation with the people and his standing with the Democratic party. As the presiding officer of the Senate, in particular, he showed a decision, firmness and dignity of character which elicited the admiration and approval of opponents as well as friends.
At the election in 1844, he opened the Presidential campaign in New York on the annexation of Texas, which he warmly advocated against the opinion of many leading Democrats. He spent the whole campaign upon the stump; was one of the DemocraticStateelectors, and united in casting the vote of the State for Polk and Dallas. About the 1st of December, 1844, he was appointed by Governor Bouck United State senator in place of N. P. Tallmadge, resigned, and immediately proceeded to Washington and took his seat as such. Governor Tallmadge's term expired on the 4th of March, 1845. On the meeting of the Legislature in January, 1845, he was elected for the unexpired term of Governor Tallmadge, and subsequently for the regular term of six years, from 4th March, 1845; during which term he remained in the Senate, closing his public service 4th March, 1851. For a number of years he was Chairman of the Committee of Finance in the Senate, but declined it, and all committee service, the last short session of the term.
He was a member of the committee to bear the remains of Mr. Calhoun to his native State, and discharged the duty with the almost filial regard he felt for the great man who had been called away from the field of his public labors. This is the only time he ever visited the South; but, though necessarily a hasty trip, he received many tokens of public and private appreciation.
In 1847, he introduced into the Senate, and advocated in an able speech, his celebrated resolution on the acquisition and annexation of territory, and asserting, in opposition to the doctrines of the Wilmot Proviso, the principles of "popular sovereignty," which formed the basis of the adjustment of 1850, and has since been so fully approved by the people.
He opposed the Oregon Treaty, which surrendered several degrees of American territory to Great Britain.
He opposed the Clayton-Bulwer Treaty, which he conceived to be a cheat, and has been a constant source of embarrassment and misunderstanding between the two governments.
During the session of 1850, he was given a public dinner by the Democrats of the counties of New York, Kings, Queens, Richmond and Westchester, at the city of New York. The invitation was tendered by the leading Democrats of the five counties. They said in it that the occasion was sought for the purpose of "giving full utterance to the sentiments of respect and confidence with which his distinguished political services to our common country had inspired them," and closed as follows: "In the trying crisis through which our country, and we may add the cause of the world's freedom, and of Republicanism, is now passing, the State of New York is most fortunate in being represented in the Senate of the Union, by one whose patriotism soars above the level of time-serving purposes, and whose eminent talents and moral worth command respect both in the State he represents, and in the councils of the nation."
On his visit to New York, in compliance with this invitation, besides the splendid publicfête, at which Charles O'Connor presided, he was waited upon by the various Democratic committees with resolutions and congratulatory addresses approving his course; was made the guest of the Common Council, although it was then politically Whig, who unanimously presented him the "freedom of the city," and passed resolutions thanking him for his public services in behalf of the city and State.
He was a member of the Committee of Thirteen in the Senate, of which Mr. Clay was chairman, which perfected the compromise measures of 1850, and took a leading part in their advocacy and adoption: a policy which, though often disturbed by demagogues of both parties since, has signally borne the test of the public judgment. At the close of the session at which those measures were adopted, he received from Mr. Webster the beautiful letter reference to his course, which we append.
MR. WEBSTER TO MR. DICKINSON.Washington,Sept. 27, 1850.My dear Sir: Our companionship in the Senate is dissolved. After this long and important session, you are about to return to your home, and I shall try to find leisure to visit mine. I hope we may meet each other again two months hence for the discharge of our duties in our respective stations in the government. But life is uncertain, and I have not felt willing to take leave of you without placing in your hands a note containing a few words which I wish to say to you.In the earlier part of our acquaintance, my dear sir, occurrences took place which I remember with constantly increasing pain, because the more I have known of you the greater has been my respect for your talents. But it is your noble, able, manly and patriotic conduct in support of the great measures of this session which has entirely won my heart, and secured my highest regard. I hope you may live long to serve your country; but I do not think you are ever likely to see a crisis in which you may be able to do so much either for your own distinction or for the public good. You have stood where others have fallen; you have advanced with firm and manly step where others have wavered, faltered and fallen back, and, for one, I desire to thank you, and to commend your conduct out of the fullness of an honest heart.This letter needs no reply; it is, I am aware, of very little value, but I have thought you might be willing to receive it, and perhaps to leave it where it would be seen by those who may come after you.I pray you, when you reach your own threshold, to remember me most kindly to your wife and daughter, and I remain, dear sir, with the truest esteem, your friend and obedient servant,Dan'l Webster.MR. DICKINSON TO MR. WEBSTER.Binghamton,Oct. 5, 1850.My dear Sir: I perused and re-perused the beautiful note which you placed in my hands as I was about leaving Washington, with deeper emotion than I have ever experienced, except under some domestic vicissitude. Since I learned the noble and generous qualities of your nature, the unfortunate occurrence in our early acquaintance, to which you refer, has caused me many moments of painful regret, and your confiding communication has furnished a powerful illustration of the truth that "to err is human, to forgive divine." Numerous and valued are the testimonials of confidence and regard which a somewhat extended acquaintance and lengthened public service have gathered around me, but among them all there is none to which my heart clings so fondly as this.I have presented it to my family and friends as the proudest passage in the history of an eventful life, and shall transmit it to my posterity as a sacred and cherished memento of friendship. I thank Heaven that it has fallen to my lot to be associated with yourself and others in resisting the mad current of disunion which threatened to overwhelm us; and the recollection that my course upon a question so momentous has received the approbation of the most distinguished American statesman, has more than satisfied my ambition. Believe me, my dear sir, that of all the patriots that came forward in the evil day of their country, there was no voice so potential as your own. Others could buffet the dark and angry waves, but it was your strong arm that could roll them back from the holy citadel.May that beneficent Being who holds the destiny of men and nations, long spare you to the public service, and may your vision never rest upon the disjointed fragments of a convulsed and ruined confederacy.I pray you to accept and to present to Mrs. Webster the kind remembrance of myself and family, and believe me sincerely yours,D. S. Dickinson.
MR. WEBSTER TO MR. DICKINSON.
Washington,Sept. 27, 1850.
My dear Sir: Our companionship in the Senate is dissolved. After this long and important session, you are about to return to your home, and I shall try to find leisure to visit mine. I hope we may meet each other again two months hence for the discharge of our duties in our respective stations in the government. But life is uncertain, and I have not felt willing to take leave of you without placing in your hands a note containing a few words which I wish to say to you.
In the earlier part of our acquaintance, my dear sir, occurrences took place which I remember with constantly increasing pain, because the more I have known of you the greater has been my respect for your talents. But it is your noble, able, manly and patriotic conduct in support of the great measures of this session which has entirely won my heart, and secured my highest regard. I hope you may live long to serve your country; but I do not think you are ever likely to see a crisis in which you may be able to do so much either for your own distinction or for the public good. You have stood where others have fallen; you have advanced with firm and manly step where others have wavered, faltered and fallen back, and, for one, I desire to thank you, and to commend your conduct out of the fullness of an honest heart.
This letter needs no reply; it is, I am aware, of very little value, but I have thought you might be willing to receive it, and perhaps to leave it where it would be seen by those who may come after you.
I pray you, when you reach your own threshold, to remember me most kindly to your wife and daughter, and I remain, dear sir, with the truest esteem, your friend and obedient servant,
Dan'l Webster.
MR. DICKINSON TO MR. WEBSTER.
Binghamton,Oct. 5, 1850.
My dear Sir: I perused and re-perused the beautiful note which you placed in my hands as I was about leaving Washington, with deeper emotion than I have ever experienced, except under some domestic vicissitude. Since I learned the noble and generous qualities of your nature, the unfortunate occurrence in our early acquaintance, to which you refer, has caused me many moments of painful regret, and your confiding communication has furnished a powerful illustration of the truth that "to err is human, to forgive divine." Numerous and valued are the testimonials of confidence and regard which a somewhat extended acquaintance and lengthened public service have gathered around me, but among them all there is none to which my heart clings so fondly as this.
I have presented it to my family and friends as the proudest passage in the history of an eventful life, and shall transmit it to my posterity as a sacred and cherished memento of friendship. I thank Heaven that it has fallen to my lot to be associated with yourself and others in resisting the mad current of disunion which threatened to overwhelm us; and the recollection that my course upon a question so momentous has received the approbation of the most distinguished American statesman, has more than satisfied my ambition. Believe me, my dear sir, that of all the patriots that came forward in the evil day of their country, there was no voice so potential as your own. Others could buffet the dark and angry waves, but it was your strong arm that could roll them back from the holy citadel.
May that beneficent Being who holds the destiny of men and nations, long spare you to the public service, and may your vision never rest upon the disjointed fragments of a convulsed and ruined confederacy.
I pray you to accept and to present to Mrs. Webster the kind remembrance of myself and family, and believe me sincerely yours,
D. S. Dickinson.
He (Mr. Dickinson) was a member of the Baltimore Convention of 1848. In 1852, he was again a member. The convention failed to nominate on the first day of its sitting. The second day, on assembling in the morning, the Virginia delegation presented his name for the Presidency. Having been the friend and supporter of Gen. Cass for the nomination, whose name in the balloting then stood at about 100, he thought that in honor he could not become a candidate, and arose in the convention and declined the use of his name in a speech which did honor to his patriotism and self-sacrifice, and was received with the warmest applause, though many of his friends and the sound democracy of the country regretted his decision. Virginia subsequently brought forward, in the same manner, the name of Gen. Pierce, and he was nominated and elected.
In 1853, he was appointed to the valuable office of Collector of the Port of New York, which he declined. In 1858, the honorary degree of Doctor of Laws was conferred on him by the Faculty of Hamilton College, New York. Since the expiration of his senatorial term, he has been entirely devoted to professional and rural occupations, and is at present conducting a large professional business. He has not mingled extensively in political affairs since, but was upon the stump in the presidential campaigns of 1852 and 1856, in his own and some of the other States.
Mr. Dickinson possesses a strong constitution, land firm and uniform health. His habits are those of exact regularity and active industry. He is capable of great concentration of effort, and of endurance, and performs every day of his life, either at the courts, in his office, upon his grounds, or keeping up his extensive correspondence, a vast amount of labor.
He is devoted to his family and friends, is domestic in his tastes, and his most cherished hours are those spent in the confidence and quietude of home.
Cheerful, genial and hospitable in his disposition and intercourse, he is exceedingly popular in social life; his ready wit and fund of anecdote, with his varied and more solid powers of conversation, always make him welcome, and render him in society the centre of many a delighted circle.
He writes with facility, and in a style pointed and vigorous.
His speeches are characterized always by plain and direct purpose, sound argument and happy illustration, and often by sparkling repartee and passages of stirring eloquence. Some of his most effective efforts have been made without previous preparation. In public life his distinguishing characteristics have been fidelity to friends and party, and the courage and intrepidity with which, regardless of considerations personal to himself, his opinions have been maintained.
In public or in private life, the integrity and purity of his character have never been questioned.
To show how Mr. Dickinson is regarded by his political friends, we quote a few paragraphs from a sketch of the man in a New York journal friendly to him:
"Mr. Dickinson is, in the true and democratic sense of the term, anationalman. And while there have been, and still are, a few, both North and South, who have believed, and do believe, that emergencies may arise in the affairs of our country, when it would be better to 'let the Union slide,' his course will show that in his belief, under no possible or conceivable circumstances, could a greater misfortune happen to our country and the cause of humanity itself, than a rupture or dismemberment of the American Union. This conviction has animated and controlled all his conduct as a man and a public servant. In the elements of his character, there is no neutrality or non-committal; his leading peculiarities are point and positiveness—there is nothing negative about the man, his convictions are all absolute, and they are always vitalized into practical efficiency. Hence no man has warmer or more attached personal friends, and none more bitter political opponents, than he. The Van Buren men of New York, who defeated Gen. Cass, in 1848, by their treachery to the democratic party, have acted as though they thought his very political existence was a standing rebuke and shame for their treasonable desertion; and hence they have spared no pains or efforts to vilify his character by the grossest misrepresentations. Yet notwithstanding these efforts of a false and disappointed faction, the people of the country feel, that there is no man to whom its true friends are more indebted than to him, for his fearless course in stemming the torrent of fanaticism and disunion. When the Abolitionists raised the 'Black Flag' of treason in the North, and the decree went forth from the immediate friends and abettors of the Van Burens, that every man in the State of New York who did not join with them in their insane attempts to tear down the constitution of the country, and trample its sanctions and compromises in the dust, in order to invade the constitutionally guaranteed rights of the South, should be tabooed and turned over to the mercies of the political guillotine, Mr. D. threw himself into the van of the opposition and dared to beard the lion in his den; and proclaimed in stern and patriotic tones of defiance, that for himself, 'he knew no North, no South, no East and no West—nothing but his country.'"
"Mr. Dickinson is, in the true and democratic sense of the term, anationalman. And while there have been, and still are, a few, both North and South, who have believed, and do believe, that emergencies may arise in the affairs of our country, when it would be better to 'let the Union slide,' his course will show that in his belief, under no possible or conceivable circumstances, could a greater misfortune happen to our country and the cause of humanity itself, than a rupture or dismemberment of the American Union. This conviction has animated and controlled all his conduct as a man and a public servant. In the elements of his character, there is no neutrality or non-committal; his leading peculiarities are point and positiveness—there is nothing negative about the man, his convictions are all absolute, and they are always vitalized into practical efficiency. Hence no man has warmer or more attached personal friends, and none more bitter political opponents, than he. The Van Buren men of New York, who defeated Gen. Cass, in 1848, by their treachery to the democratic party, have acted as though they thought his very political existence was a standing rebuke and shame for their treasonable desertion; and hence they have spared no pains or efforts to vilify his character by the grossest misrepresentations. Yet notwithstanding these efforts of a false and disappointed faction, the people of the country feel, that there is no man to whom its true friends are more indebted than to him, for his fearless course in stemming the torrent of fanaticism and disunion. When the Abolitionists raised the 'Black Flag' of treason in the North, and the decree went forth from the immediate friends and abettors of the Van Burens, that every man in the State of New York who did not join with them in their insane attempts to tear down the constitution of the country, and trample its sanctions and compromises in the dust, in order to invade the constitutionally guaranteed rights of the South, should be tabooed and turned over to the mercies of the political guillotine, Mr. D. threw himself into the van of the opposition and dared to beard the lion in his den; and proclaimed in stern and patriotic tones of defiance, that for himself, 'he knew no North, no South, no East and no West—nothing but his country.'"
One of the editors of the "Dublin Nation," while travelling in this country, gave the subjoined sketch of Mr. Dickinson, as he found him in an American court: