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lished and kept in any secure place, within some port or harbor of said district, either on land or on board
any vessel; and in that case it shall be the duty of the collector to reside at such place, and there de
tain all the vessels and cargoes arriving within the district until the duties imposed on the cargoes by law shall be paid in cash, anything in the laws of the United States to the contrary, notwithstanding; and in such cases it shall be unlawful to take the vessel or cargo from the custody of the proper officer of the Customs, unless by a process from some Court of the United States; and, in case any attempt shall be made to take such vessel or cargo by any force or combination, or assemblages of persons too great to be overcome by the officers of the Customs, it shall and may be lawful for the President, or such person or persons as he shall have empowered for naval forces, or militia of the United States as may the purpose, to employ such part of the land or
for their consideration, but the effort failed. | rect the Custom-house for such district to be estabThen Mr. Davis, (Dem.) of Indiana, brought forward his resolutions of Monday, instructing the Committee on Judiciary to inquire into and report to this House at any time what legislation, if any, has become necessary on the part of Congress, in consequence of the secession position assumed by South Carolina. The House, refusing to second the demand for the previous question (47 to 72,) Mr. Davis withdrew his resolution to give way for the substitute of Mr. Holman, (Dem.) of Indiana, which declared against the right of secession, and called for the employment of the Army and Navy for the protection of public property and the collection of the revenue. Against this withdrawal both Mr. Sherman, of Ohio, and Valandigham, of Ohio, protested, as not allowable under the rules. The Speaker decided that Mr. Davis had the the removal of such vessel or cargo, and protecting right. Mr. Sherman then claimed the privi- the officers of the Customs in retaining the custody lege of offering Davis' original resolution. A thereof." debate sprung up which enlisted much spirit and some acrimony. The Speaker finally decided against Mr. Sherman's right to reoffer the resolution. Mr. Sherman appealed from the decision, saying it was due to the country that there should be a vote on the proposition. This appeal renewed the ex-gress of the Crittenden resolutions, as referred citement and feeling. Mr. Sherman remained firm, and was anxious to press the vote on the appeal, but finally gave way to a motion, by Mr. Howard, of Michigan, to adjourn, with the understanding that the vote on the appeal should be taken up on re-assembling. Thursday, Mr. Sherman withdrew the appeal "by request of his friends."
Mr. Bingham's Force
Mr. Bingham, (Rep.) of Ohio, from the Judiciary Committee, reported back, with amendments, the bill to provide for the collection of the duty on imports, giving the President further powers for that purpose. The motion for its recommitment excited the Southern section of the House. The bill was finally set for consideration, Tuesday, January 8th. Its provisions were as follows:
"Whenever, by reason of unlawful obstructions, combinations or assemblages of persons, it shall become impracticable in the judgment of the President to execute the laws and collect the duties on imports in the ordinary way, it shall be lawful for him to di
be deemed necessary, for the purpose of preventing
The House adjourned to Monday, Jan. 7th. In the Senate, Thursday, Mr. Baker concluded his speech before a very crowded house. Prior to its delivery, Mr. Bigler presented a numerously signed memorial from Philadelphia, asking for the passage by Con
to the Committee of Thirteen. Mr. Bigler said, if the people could only act on the question, the South would see that the people were prepared to meet its complaints in a conciliatory and kindly spirit. To attain this end, of a reference of the question of settlement direct to the people, Mr. Crittenden introduced the following propositions:
Mr. Crittenden's New Propositions.
Whereas, the Union is in danger, and it is difficult, if not impossible, for Congress to concur by the requisite majority so as to enable it to take such measures to recommend to the States such amendments to the Constitution as are necessary to avert the danger.
'Whereas, In so great an emergency the opinion and judgment of the people ought to be heard, Therefore
"Resolved, That provision be made by law, without
Mr. Crittenden's New Propositions.
and it is eminently desirable and proper that the dissensions be settled by the Constitutional provision which gives equal justice to all sections, and thereby restore peace; therefore "Resolved, That by the Senate and House of Representatives, the following article be proposed and submitted as an amendment to the Constitution, which shall be valid as part of the Constitution, when ratified by the Convention of three-fourths of the people of the States:
"First, In all the Territories now or hereafter ac
quired north of lat. 36 deg. 30 min. Slavery or involuntary servitude, except for the punishment for crime,
is prohibited; while in all the Territory south of that
latitude Slavery is hereby recognized as existing,
and shall not be interfered with by Congress, but
shall he protected as property by all departments of the Territorial Government during its continuance. All the Territory north or south of said line, within such boundaries as Congress may prescribe, when it contains a population necessary for a Member of Congress, with a republican form of government, shall be admitted into the Union on an equality with the original States, with or without Slavery, as the Constitution of the State shall prescribe.
"Second, Congress shall have no power to abolish
Slavery in the States permitting Slavery.
Mr. Critendeu's New Propositions.
the repeal of. The Fugitive
In submitting this second proposition for settlement, Mr. Crittenden said: something must be done to avert the impending calamity. Congress would be covered with shame if it did not offer to the country some remedy for the crisis. The sacrifice asked for really was comparatively trifling. The peace and safety of a great country were never purchased so cheaply. He would appeal with confidence to the people. They have the greatest interest in the Government. He had confidence that the people would give good advice. The resolutions were laid over, when Mr. Baker, having the floor, resumed his speech. He insisted that the attack on the men of the North, for action in regard to the Territories, was unjust, for men of all classes in the North believed Slavery the creature of local law. He quoted from Gen. Cass' speech at Detroit, in 1854, against the so-called doctrine of equality. Also from that of Senator Hunter before the Breckenridge Club, at Charlottesville, admitting that the opinion of the South, in regard to
Fourth. Congress shall have no power to hinder the transportation of slaves from one State to ano-Slavery, had changed, and ther, whether by land, navigable rivers or sea, "Fifth, Congress shall have power by law to pay an owner who shall apply the full value for a Fugitive
Slave in all cases when the Marshall is prevented from discharging his duty by force or rescue made In all such cases, the owner shall have power to sue the county in which the violence or rescue was made, and the county shall have the right to sue the individuals who committed the wrong in the same manner as the owner could sue. "Sixth, No further amendment or amendments shall affect the preceding articles; and Congress shall never have power to interfere with Slavery in the States where it is now permitted.
The last resolution declared: "the Southern States have a right to the faithful execution of the law for the recovery of Slaves; and such laws ought not to be repealed or amended so as to impair their efficieney. All laws in conflict with the Fugitive Slave law it shall be deemed proper for Congress to ask
Mr. Baker's Speech, concluded.
that her opinion was against
Mr. Baker replied to these admissions, that it was a necessity for Slavery in America to be circumscribed by Free States to the North
We have given this reply of the Oregon Senator to Mr. Benjamin's speech quite at length, for the reason that it so freely expounded the Republican view of the points raised, and forced upon the country, by the South. The reply had a large circulation among the people, and quite generally commanded the approval of the speaker's party for its manner and matter.
and West. If the institution | lect the revenue: "And above all, let the was guaranteed the rights laws be maintained, and the Union be preof extension, it would be served." He closed with the words of Webagainstnot only the sentiment of the large ma- ster's speech in reply to Hayne. jority of the American people, but also against the sentiment of the world. He claimed that the North were allies of the South, and that they were bound to return slaves. France, England, or Russia, would not do that. If the slaves should revolt the North would be bound to assist the South, and would do it. He argued that the right of free speech could not be restricted in a free country, or a free press, which was a greater safeguard to a free country. He would not restrict these to avert civil war, or to maintain Slavery. The great principle of free Government would not be surrendered. Come weal come woe, Slavery shall never be extended by the powers of the Government of the United States. He would not yield one inch to secession, but there were things which he would yield; among them the repeal of the Personal Liberty bills, should the Supreme Court pronounce them unconstitutional. Mr. Clay had said, and he would say, yield not one inch or word to secession. He would agree to make all the Territories States now, and let the people decide on Slavery, but he would never agree to protect Slavery in the name of Freedom. Referring to power, he said: Didn't it look a little as though, because the South had lost the offices, they had got up this rebellion? He said, after all, he had great confidence in the loyalty of the people at the tion with all the circumstances with which it is sur
South. He heard loyal sentiments every. where, and could see the clouds breaking, and he was not without the hope that, with time to allow the feverish heat to evaporate, the Union would yet remain safe, if trusted to the hands of the people. The Senator from Louisiana had said that a State actually had seceded, and we must acknowledge its independence, or make war. He said he would not acknowledge its independence, and said he thought it no very strange thing if a great Government had sometimes to enforce law. He quoted the ordinance of General Jackson in regard to collecting the revenue when South Carolina once before revolted, as an answer to the Senator from Louisiana, when he asked how we would col
Mr. Douglas then having the floor, asked
ed that all agitation on the subject of Slavery
"It is folly for any man not to see facts which do exist. The result of the recent election, in connec
rounded, have led the people of the South to form
constitutional rights, and they are ready to rush,
it, and I would rejoice now to be corrected, that it is
Slave States with a cordon of Abolition States, and
thus force them to die of starv- | der it impossible for you to do
ation, as a means of getting rid of the evil of Slavery in the name of humanity and Christianity. I have said that In Illinois, in the Abolition portions of the State, but never said it in a Slave State. I have always been exceedingly mild in speaking of that party in the Slaveholding States. But, inasmuch as I did not get a direct answer from the Senator who makes the charge against the Northern Democracy, I will refer to the sentiments of the President-elect, and see what he says on that subject."
Mr. Douglas then referred to the report of the speeches of Mr. Lincoln, in his canvass of Illinois, in 1858, against Mr. Douglas, quoting from his several declarations on the question of Slavery in the Territories. [See pages 141, 142]. He then continued:
lics and proudest monarchies have found it necessary to recognize the existence of a Government de facto the condition of the American colonies for seven in the rebellion, of States and provinces. Such was
years after the Declaration of Independence. At first, it was rebellion, and rebellion was treason. A few months afterwards it was revolution and a Government de facto at Philadelphia; Mr. Hancock, President, and Washington, Commander of the Armies. Rebellion had ceased, and revolution taken its place. The American colonies were in revolt, had Governments de facto, and Great Britain, proud as she was, was compelled to recognize the existing state of facts. The laws of nations and all the laws of civili
knowledged. But the laws must be enforced. In our system of Government the laws are to be enforced by civil authority, assisted by the militia as a posse comitatus, when the Marshal is resisted. If the colonies, or a State, revolt, the revolution is complete when the Federal authorities are expelled, and no one man left to acknowledge allegiance to the United States. How are you going to enforce the laws then? How are you going to do it in South Carolina? She has passed an ordinance of secession. I deny her right to secede, but she has done it. The revolution is complete. She has no human being in her borders to acknowledge our authority. This is all wrong, but how are you going to help it?
"When the Republican Committee publish an edition of Mr. Lincoln's speeches containing sentiments like these, is it surprising that the people of the South think he was in earnest, and intended to carry out the policy which he then announced? I should not revive such revolutionary sentiments, but for the attempt to cast the responsibility upon the Northern Democracy, clearly intimating that Mr. Pugh and myself were the chief authors of these misrepresent-zation demanded that the Government de facto be acations. I would like to find any one man, on that side of the Chamber, in the confidence of the President-elect, who would deny that it is the policy to carry out the very things to which I have referred. I feel bound, however, and take pleasure in saying, that I don't believe the Southern States are in any danger, or ought to have any apprehension, that Mr. Lincoln or his party can do any harm or render insecure their rights to persons or property anywhere in this country. I have some faith, too, that Mr. Lincoln, after having emerged from the surroundings of a small country village, and assumed the high responsibilities of administering the law, and protecting the rights of a great nation, will sink the partisan in the patriot, and abandon the extreme doctrines, and step forward and avow his willingness to save the country by repudiating his extreme doctrines of a party. But be that as it may, neither he nor his party will have power to invade the rights of any State in this Union. In the name of the Union, who are the Disunionists? Those who pursue a line of policy calculated to destroy the Union, and refuse to arrest that policy, or disavow that purpose, when they see that revolution has taken place. If such be not your policy, why not say so? If you never intend to do what the South think is your purpose, and which you do not blame them for thinking, what harm is there in making such amendments to the Constitution as will ren
"I deny that we have the right to make war in order to regain possession, in order to enforce the laws. Are we prepared for war? I do not mean prepared in the sense of having soldiers, arms, and munitions; but are we prepared in our hearts for war with our brethren? While I affirm that the Constitution was intended to form a perpetual Union
while I affirm the right to use all lawful means to enforce the laws-yet I will not meditate war, nor tolerate the idea, until after every effort at adjustment has been tried and failed, and all hope of the Union is gone. Then, and not till then, will I deli. berate and determine what course my duty will require of me. I am for peace, to save the Union. War is disunion, certain, inevitable, final, and irre
versible. Our own very existence forbids war. He referred to the purchase of Louisiana, and said it was purchased for the benefit of the whole Union, and for the safety of the Upper Mississippi in particular. The possession of that river is more necessary now than it was then. We cannot expect the people of the interior to admit the right of a foreign State taking possession of that river. He also referred to the purchase of Florida and the amounts paid, and asked if she could go out now? The President, in his message, first said we could not coerce a State to remain in the Union, but in a few sentences he advised the acquisition of Cuba. As if we should pay $300,000,000 for Cuba, and then the next day she might secede and re-annex herself to Spain, and Spain sell her again. He had admitted that Texas cost us a war with Mexico, and 10,000 lives; and, besides, we had paid Texas $10,000,000 for land which she never had owned! *
believe there is, so much the greater the necessity for removing the misconception. Are you so elated with the pride of your recent triumph, or pride of opinion, that you cannot remove an unfounded apprehension, when it is rushing ten million people into disunion, and breaking up the Government of our fathers, and leaving us, hitherto a proud Republic on earth, to become a byword among the na tions? I still entertain the hope that this question may be adjusted, although the indications are that blood will be shed, and war will rage before gentlemen fully appreciate the crisis through which we are passing. I don't think my nerves are any weaker than ordinary, nor do I think there is much courage in shutting the eyes in the face of danger, and then saying you do not see it. Every man must see it, and hear it, and breathe it. The atmosphere is full of it. I have determined that I will do all that is in my power to rescue the country from such a dreadful fate. But I will not consider this question of war till all hope of peaceable adjustment fails. Better, a thousand times better, that all political armies be disbanded and dissolved. Better that every public man now in existence be consigned to retirement and political martyrdom, than this Government should be dissolved, and this country plunged in civil war. I trust we are to have no war for a plat form. I can fight for my country, but there never was a political platform that I would go to war for. I fear if this country is to be wrecked, it is to be done by those who prefer party to their country. Party platforms, and pride of opinion, and personal consistency, are the only causes in the way of a satisfactory adjustment of this difficulty. I re peat that, notwithstanding the gloom and the dark clouds which overhang everything, I do not despair of the Republic, and I will not despair till every effort shall be found to be of no avail."
In his opinion, we had reached the point when disunion was inevitable unless a compromise, founded on concession, can be made. He preferred compromise to war, and concession to disunion. No compromise would be available which does not carry the question of Slavery beyond Congress. He said he had voted for the proposition of the Senator from Kentucky (Mr. Crittenden's), and was ready to vote for it again. Why cannot the Republicans unite on the Missouri Compromise line? They had heaped curses enough on his head for repealing it, to be glad now to reestablish it. He had helped to support that measure until he was compelled to abandon it. He was willing to meet on terms of mutual concession. He had offered another proposition to leave the Territories in statu quo till they have 50,000 inhabitants, and then settle the question themselves; and also provided for the removal of the negroes, if the Territory chose, to certain provinces. If the Republicans do not intend to interfere with Slavery This speech commanded unusual remark. in the States, why not put in an amendment in the Constitution, so that they cannot do it? There must To the Republicans it was disconcerting, be a settlement of some sort now. It cannot be because it, in effect, threw the onus of the postponed. We are in a state of revolution. It is disunion movement upon them, and proceedcompromise or war. He preferred compromise. **ing from the leader who had received over It humbles my pride to see the authority of the Government questioned, but we are not the first nation whose pride has thus been humbled. Republics, empires, and kingdoms alike, in all ages, have been subject to the same humiliating fact. But where there is a deep-seated discontent pervading ten millions of people, penetrating every man, woman, and child, and involving everything dear to them, it is time for inquiring whether there is not some cause for this feeling. If there be just cause for it, in God's name let us remove it. Are we not criminal, in the sight of Heaven and posterity, if we do not remove the just cause? If there is no cause, and yet they
thirteen hundred thousand votes for President, it could but be construed as indicative of a strong public sentiment in the North in favor of compromise, and opposed to coercion.
Mr. Toombs obtained the floor, when the Senate adjourned over to Saturday. During the Saturday's session Mr. Mason, of Virginia, offered a resolution of inquiry, that the Secretary of War give the
Mason's Resolution of