forever to freedom, startled the nation from the "repose" it had apparently taken from agitation on the slavery question, and opened an interminable controversy.

On the 16th of January, Mr. Dixon, of Kentucky, gave notice that he would introduce a bill clearly repealing the Missouri compromise. The first champion of the repeal of the compromise of 1820 was a Northern Senator, Stephen A. Douglass, of Illinois. He hung a massive argument-excelling rather in quantity than in quality-upon the following propositions:

"From these provisions, it is apparent that the compromise measures of 1850 affirm, and rest upon, the following propositions :

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First. That all questions pertaining to slavery in the territories, and the new States to be formed therefrom, are to be left to the decision of the people residing therein, by their appropriate representatives, to be chosen by them for that purpose.

Second. That all cases involving title to slaves,' and 'questions of personal freedom,' are to be referred to the adjudication of the local tribunals, with the right of appeal to the Supreme Court of the United States.

“Third.—That the provision of the Constitution of the United States in respect to fugitives from service, is to be carried into faithful execution in all the original territories,' the same as in the States.

"The substitute for the bill which your committee have prepared, and which is commended to the favorable action of the Senate, proposes to carry these propositions and principles into practical operation, in the precise language of the compromise measures of 1850."

Mr. Douglass said:

"The legal effect of this bill, if passed, was neither to legislate slavery into nor out of these territories, but to leave the people to do as they pleased. And why should any man, North or South, object to this principle? It was by the operation of this principle, and not by any dictation from the Federal government, that slavery had been abolished in half of the twelve States in which it existed at the time of the adoption of the Constitution."

On the 3d of February, Mr. Chase, of Ohio, moved to amend by striking out the words, "was superseded by the principles of the legislation of 1850, commonly called the compromise measures, and," so that the clause would read: "That the Constitution, and all laws of the United States which are not locally in

applicable, shall have the same force and effect within the said. territory of Nebraska as elsewhere within the United States, except the eighth section of the act preparatory to the admission of Missouri into the Union, approved March 6, 1820, which is hereby declared inoperative."

Mr. Chase then proceeded to reply to Mr. Douglass. He called attention to that part of the President's message which referred to the "repose" of the subject of slavery, and then said:

"The agreement of the two old political parties, thus referred to by the Chief Magistrate of the country, was complete, and a large majority of the American people seemed to acquiesce in the legislation of which he spoke. A few of us, indeed, doubted the accuracy of these statements, and the permanency of this repose. We never believed that the acts of 1850 would prove to be a permanent adjustment of the slavery question. But, sir, we only represented a small, though vigorous and growing party in the country. Our number was small in Congress. By some we were regarded as visionaries, by some as factionists; while almost all agreed in pronouncing us mistaken. And so, sir, the country was at peace. As the eye swept the entire circumference of the horizon and upward to mid-heaven, not a cloud appeared; to common observation there was no mist or stain upon the clearness of the sky. But suddenly all is changed; rattling thunder breaks from the cloudless firmament. The storm bursts forth in fury. And now we find ourselves in the midst of an agitation, the end and issue of which no man can foresee.

"Now, sir, who is responsible for this renewal of strife and controversy? Not we, for we have introduced no question of territorial slavery into Congress; not we, who are denounced as agitators and factionists. No, sir; the quietists and the finalists have become agitators; they who told us that all agitation was quieted, and that the resolutions of the political conventions put a final period to the discussion of slavery. This will not escape the observation of the country. It is slavery that renews the strife. It is slavery that again wants room. It is slavery with its insatiate demand for more slave territory and more slave States. And what does slavery ask for now? Why, sir, it demands that a time-honored and sacred compact shall be rescinded a compact which has endured through a whole generation -a compact which has been universally regarded as inviolable, North and South-a compact, the constitutionality of which few have doubted, and by which all have consented to abide."

But notwithstanding the able and eloquent speech of Mr. Chase, his amendment only received thirteen votes. The debate

went on until the 3d of March, when the bill was placed upon its passage, and even then the discussion went on. When the vote was finally taken, the bill passed by a vote of 37 yeas to 14 nays. The bill went to the House, where it was made a substitute to a bill already introduced, and passed by a vote of 113 yeas to 100 nays as follows:

"Representatives from free States in favor of the bill, 44.
"Representatives from slave States in favor of the bill, 69.

"Representatives from free States against the bill, 91.
"Representatives from slave States against the bill, 9.

-113.

-100."

And thus, approved by the President, the measure became a law under the title of "An Act to Organize the Territories of Kansas and Nebraska."

Congress had violated the sublimest principles of law, had broken faith with the people; had opened a wide door to slavery; had blotted from the map of the United States the last asylum where the oppressed might seek protection; had put the country in a way to be reddened with a fratricidal war, and made our flag a flaunting lie in the eyes of the civilized world. There was nothing to be done now but to let the leaven of sectional malice work, that had been hurled into the slavery discussions in Congress. The bloodless war of words was now transferred to the territory of Kansas, where a conflict of political parties, election frauds, and assassination did their hateful work.

The South began to put her State militia upon a war footing, and to make every preparation for battle. The Administration of President Buchanan was in the interest of the South from beginning to end. He refused to give Gov. John W. Geary, of Kansas, the military support the "border ruffians" made necessary; allowed the public debt to increase, our precious coin to go abroad, our treasury to become depleted, our navy to go to the distant ports of China and Japan, our army to our extremest frontiers, the music of our industries to cease; and the faith of a loyal people in the perpetuity of the republic was allowed to faint amid the din of mobs and the threats of secession.

CHAPTER X.

"BLACK LAWS" OF THE

66 BORDER STATES."

STRINGENT LAWS ENACTED AGAINST FREE NEGROES AND MULATTOES. — FUGITIVE-SLAVE LAW RESPECTED IN OHIO. - A LAW TO PREVENT KIDNAPPING. THE FIRST CONSTITUTION OF OHIO. - HISTORY OF THE DRED SCOTT CASE. JUDGE TANEY'S OPINION IN THIS Case. — Ohio CONSTITUTION OF 1851 DENIED FREE Negroes the Right TO VOTE. THE ESTABLISHMENT OF COLORED SCHOOLS. LAW IN INDIANA TERRITORY IN REFERENCE TO EXECUTIONS. - - AN ACT FOR THE INTRODUCTION OF NEGROES AND MULATTOES INTO THE TERRITORY. FIRST CONSTITUTION OF INDIANA. -THE ILLINOIS CONSTITUTION OF 1818. CRIMINAL CODE ENACTED.-ILLINOIS LEGISLATURE PASSES AN ACT TO PREVENT THE EMIGRATION OF FREE NEGROES INTO THE STATE. FREE NEGROES OF THE NORTHERN STATES ENDURE RESTRICTION AND PROSCRIPTION.

A

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LTHOUGH slavery was excluded from all the new States northwest of the Ohio River, the free Negro was but little better off in Ohio, Indiana, and Illinois than in any of the Southern States. From the earliest moment of the organic existence of the border free States, severe laws were enacted against free Negroes and Mulattoes. At the second session of the first Legislature of the State of Ohio, "An Act to Regulate Black and Mulatto Persons' was passed.

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Sec. I. That no black or mulatto person shall be permitted to settle or reside in this State without a certificate of his or her actual freedom."

2. Resident blacks and mulattoes to have their names recorded, etc. (Amended in 1834, Jan. 5 1, Curwen, 126.) Proviso, "That nothing in this act contained shall bar the lawful claim to any black or mulatto person."

3. Residents prohibited from hiring black or mulatto persons not having a certificate.

4. Forbids, under penalty, to "harbor or secrete any black or mulatto person the property of any person whatever," or to "hinder or prevent the lawful owner or owners from re-taking." etc.

5.

Black or mulatto persons coming to reside in the State with a legal certificate, to record the same.

11, Chase, p. 393, sects. 1-7.

6. "That in case any person or persons, his or their agent or agents, claiming any black or mulatto person or persons that now are or hereafter may be in this State, may apply, upon making satisfactory proof that such black or mulatto person or persons are the property of him or her who applies, to any associate judge or justice of the peace within the State, the associate judge or justice is hereby empowered and required, by his precept, to direct the sheriff or constable to arrest such black or mulatto person or persons, and deliver the same, in the county or township where such officers shall reside, to the claimant or claimants, or his or their agent or agents, for which service the sheriff or constable shall receive such compensation as he is entitled to receive in other cases for similar services."

7. "That any person or persons who shall attempt to remove or shall remove from this State, or who shall aid and assist in removing, contrary to the provisions of this act, any black or mulatto person or persons, without first proving, as herein before directed, that he, she, or they is or are legally entitled so to do, shall, on conviction thereof before any court having cognizance of the same, forfeit and pay the sum of one thousand dollars, one half to the use of the informer and the other half to the use of the State, to be recovered by the action of debt quitam or indictment, and shall moreover be liable to the action of the party injured "

So here upon free soil, under a State government that did not recognize slavery in its constitution, the Negro was compelled to produce a certificate of freedom. Thus the fugitive-slave law was recognized, but at the same time an unlawful removal of free Negroes from the State was forbidden.

At the session of 1806-7, " An Act to Amend the Act Entitled 'an Act Regulating Black and Mulatto Persons,' was passed amending the old law. The first act simply required “a certificate of freedom"; the amended law required Negroes and Mulattoes intending to settle in Ohio to give a bond not to become a charge upon the county in which they settled. Section four reads as follows:

66 4. That no black or mulatto person or persons shall hereafter be permitted to be sworn or give evidence in any court of record or elsewhere in this State, in any cause depending or matter of controversy where either party to the sale is a white person, or in any prosecution which shall be instituted in behalf of this State, against any white person."

1 1, Chase, p. 555.