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Territories, but stealthily creeping even into the free States themselves. Believing this, and believing, also, that complete responsibility of the Government to the people is essential to public and private safety, and that decline and ruin are sure to follow, always, in the train of Slavery, I am sure that this will be no longer a land of Freedom and constitutional liberty when Slavery shall have thus become paramount. Auferre trucidare falsis nominibus imperium atque, ubi solitudinem faciunt, pacem appellant.

Sir, I have always said that I should not despond, even if this fearful measure should be effected; nor do I now despond. Although, reasoning from my present convictions, I should not have voted for the compromise of 1820, I have labored, in the very spirit of those who established it, to save the landmark of Freedom which it assigned. I have not spoken irreverently even of the compromise of 1850, which, as all men know, I opposed earnestly and with diligence. Nevertheless, I have always preferred the compromises of the Constitution, and have wanted no others. I feared all others. This was a leading principle of the great statesman of the South, [Mr. CALHOUN.] Said he:

interested citizens, but to the alien inhabitants of the Territories also. So the great interests of humanity are, after all, thanks to the House of Representatives, and thanks to God, submitted to the voice of human nature.

Sir, I see one more sign of hope. The great support of Slavery in the South has been its alliance with the Democratic party of the North. By means of that alliance it obtained paramount influence in this Government about the year 1800, which, from that time to this, with but few and slight interruptions, it has maintained. While Democracy in the North has thus been supporting Slavery in the South, the people of the North have been learning more profoundly the principles of republicanism and of free government. It is an extraordinary circumstance, which you, sir, the present occupant of the chair, [Mr. STUART,] I am sure will not gainsay, that at this moment, when there seems to be a more complete divergence of the Federal Government in favor of Slavery than ever before, the sentiment of Universal Liberty is stronger in all free States than it ever was before. With that principle the present Democratic party must now come into a closer contest. Their prestige of Democracy is "I see my way in the Constitution; I cannot fast waning, by reason of the hard service which in a compromise. A compromise is but an act their alliance with their slaveholding brethren of Congress. It may be overruled at any time. has imposed upon them. That party perseveres, It gives us no security. But the Constitution is as indeed it must, by reason of its very constitustable. It is a rock on which we can stand, and tion, in that service, and thus comes into closer on which we can meet our friends from the non-conflict with elements of true Democracy, and slaveholding States. It is a firm and stable for that reason is destined to lose, and is fast ground, on which we can better stand in opposi-losing the power which it has held so firmly and tion to fanaticism than on the shifting sands of long. That power will not be restored until the compromise. Let us be done with compromises. principle established here now shall be reversed, Let us go back and stand upon the Constitu- and a Constitution shall be given, not only to tion." Kansas and Nebraska, but also to every other

I stood upon this ground in 1850, defending national Territory, which will be not a tabula Freedom upon it as Mr. CALHOUN did in defend-rasa, but a Constitution securing equal, univering Slavery. I was overruled then, and I have sal, and perpetual Freedom. waited since without proposing to abrogate any compromises.

ALOLISH THE FUGIVIVE SLAVE LAW.

SPEECH OF HON. JOSIAH QUINCY.

THE following brief but stirring and sterling

Whig State Convention on the 16th of August, 1854, by Hon. JOSIAH QUINCY, Sen., a man vener-. able alike for his years, intelligence, integrity and genuine patriotism:

It has been no proposition of mine to abrogate them now; but the proposition has come from another quarter-from an adverse one. It is about to prevail. The shifting sands of compromise are passing from under my feet, and they are now, without agency of my own, taking hold again on the rock of the Constitution. It speech was delivered before the Massachusetts shall be no fault of mine if they do not remain firm. This seems to me auspicious of better days and wiser legislation. Through all the darkness and gloom of the present hour, bright stars are breaking, that inspire me with hope, and excite me to perseverance. They show that the day of compromises has passed forever, and that henceforward all great questions between Freedom and Slavery legitimately coming here-and none other can come-shall be decided, as they ought to be, upon their merits, by a fair exercise of legislative power, and not by bargains of equivocal prudence, if not of doubtful morality.

The House of Representatives has, and it always will have, an increasing majority of members from the free States. On this occasion, that House has not been altogether faithless to the interests of the free States; for although it has taken away the charter of Freedom from Kansas and Nebraska, it has at the same time told this proud body, in language which compels acquiescence, that in submitting the question of its restoration, it would submit it not merely to

I came to this meeting by invitation as a citizen-not as a partisan; with no intention to volunteer a word on the occasion, but with a fixed purpose to respond if called upon, as became an individual who has in this world now little to hope, and, I thank God, nothing to fear; who has behind him only the memory of the past, and before him the opening grave in which he must soon be deposited. From such an individual you have a right to expect words of truth, duty and soberness. I come not here to utter vituperative demonstrations against the slaveholders of the South. They have used the powers vested in them by the Constitution for their own interests, as every other selfish association of men would have done under the same circumstances, with the same powers, and under

the same temptations. In every step of the pro- is prepared to say that this is a condition of gress of the slave power, they have had members things to be endured, in perpetuity, by us, and of the free States as half workers. If the free that this is an inheritance to be transmitted by States would regain their influence, they must us to our children for all generations? For so cultivate a higher standard of political morality long as the fugitive slave clause remains in the among themselves; they must discard the doc- Constitution of the United States, unobliterated, trine that "all is fair in politics," and regard it is an obligation perpetual upon them, as well him who has notorionsly sold himself for place as upon us. And is this inheritance we are or for office as a traitor to principle and to his about to transmit to our children an inheritcountry. The Nebraska fraud, as it is called, is ance of freedom? No, fellow-cittzens-it is an nothing more than the last act of a series of inheritance worse than that of slavery. There aggressions on the free States which slaveholders is not a negro in the South that can be comhave practiced for more than fifty years, in no pelled, even by his master, to cut the throat, or one of which could they have been successful blow out the brains of his brother negro. Yet, except through the divisions and corruptions of so long as the fugitive slave obligation remains the free States themselves. So far from com- in the Constitution, there is not a militia man plaining of this Nebraska perfidy, I rejoice in it. in Massachusetts, who may not be compelled, It is said it is "the last straw that breaks the to-morrow, to cut the throat or blow out the camel's back." I trust in heaven that this Ne- brains of a fellow-citizen, at the will of the braska perfidy will soon prove to be the last basest Southern slaveholder. My fellow-citizens, straw which will excite the camel of the North believe me-the time has come for the people to rise in his strength and toss from his back one of Massachusetts to look upon this slave clause at least of the many burdens with which he is no longer in the ever shifting, ever dubious, ever oppressed. The Nebraska fraud is not that bur- suspicious light of party spirit, but under the den on which I intend now to speak. There is influence of an enlightened patriotism, watchful one nearer home, more immediately present and of the signs of the times and anxious concernmore insupportable. Of what that burden is, I ing their duties to themselves and their posshall speak plainly. The obligation incumbent terity. But I hear some timid brother exclaimupon the free States to deliver up fugitive slaves" Why, this is, in effect, a dissolution of the is that burden-and it must be obliterated from Union. Did not the Southern slaveholders tell us that Constitution at every hazard. And such before the adoption of the Constitution, that obliteration can be demonstrated to be as much without the fugitive slave clause they would not the interest of the South as it is of the North. come into the Union, and have they not told us The circumstances in which the people of every day since its adoption that whenever that Massachusetts are placed in consequence of clause is obliterated they will go out of it?" that burden are undeniable, and they are also And do you believe them any the more for this undeniably insupportable. What has been seen, reiterated threat and eternal outcry? Does not what has been felt, by every man, woman and the nature of things speak a louder language child in this metropolis and in this community, than that of these threateners? Are the slaveand virtually by every man, woman and child in holders fools or madmen? They go out of this Massachusetts? We have seen our Court-House Union for the purpose of maintaining the subjecin chains, two battalions of dragoons, eight tion of their slaves? Why, the arm of the companies of artillery, twelve companies of Union is the very sinew of that subjection! It infantry, the whole constabulary force of the is the slaveholder's main strength. Its continucity police, the entire disposable marine of the ance is his forlorn hope. But I go further, felUnited States, with its artillery loaded for low-citizens. I believe that in the nature of action, all marching in support of a Pra-things, by the law of God and the law of man, torian band, consisting of one hundred and that clause is at this moment abrogated so far as twenty friends and associates of the United respects moral obligation. There is a principle States Marshal, with loaded pistols and drawn of common law, which, if not strictly applicable, swords, and in military costume and array-is sufficiently analogous to the obligations refor what purpose? TO ESCORT AND CONDUCT A POOR TREMBLING SLAVE FROM A BOSTON COURTHOUSE TO THE FETTERS AND LASH OF HIS MASTER! This display of military force the Mayor of this city officially declared to be necessary on the occasion. Nay, more, at a public festival he openly took to himself the glory of this display, declaring that by it life and liberty had been saved, and the honor of Boston vindicated! I make no comments. I state facts as the ground out of which spring the duties of the people of Massachusetts. I state another fact still more conclusive and illustrative of these duties. This scene, (thus awful, thus detestable,) every inhabitant of this metropolis, nay, more, every inhabitant of this Commonwealth, may be compelled again to witness at any and every day of the year, at the will or the whim of the meanest and basest slaveholder of the South. This also is undeniable. Now, is there a man in Massachusetts, with a spirit so low, so debased, so corrnpted by his fears or his fortune, that he

sulting from that clause. It is, cessante ratione cessat et ipsa lex. Now what was the understanding and what was the state of things under which that contract was made? The free States agreed in 1789 to be field-drivers and poundkeepers for the black cattle of the slaveholding States, within the limits and according to the fences of the old United States. Between that year and this, Anno Domini 1854, those slaveholders have broken down the old boundaries, and opened new fields of unknown and indefinite extent. They have multiplied their black cattle by millions; and are every day increasing their numbers, and extending their cattle field into the wilderness. Under these circumstances, are we bound to be their field-drivers and poundkeepers any longer? Answer me, people of Massachusetts. Are you the sons of the men of 1776? or do you "lack gall to make oppression bitter?" I would willingly dwell upon this topic and others which are in my mind, but I have. already occupied more than my proportion of

this debate. I have pointed out your burden. | ing preemption to actual settlers upon public I have shown you that it is insupportable. I lands.

shall be asked, how shall we get rid of it? I SEC. 8. And be it further enacted, That any answer, it is not for a private individual to point person applying to enter any of the aforesaid the path which a State is to pursue to cast off an lands shall be required' to make affidavit before insupportable burden-it belongs to the con- the Register or Receiver of the proper land stituted authorities of that State. But this I will office that he or she enters the same for his or say, that if the people of Massachusetts adopt, her own use, and for the purpose of actual in the spirit of their fathers, as one man, settlement and cultivation, or for the use of an solemnly the resolve that they will no longer adjoining farm or plantation, owned or occusubmit to this burden, and call upon the free pied by him or herself, and together with said States to concur in, and carry into effect, this entry he or she has not acquired from the resolution, this burden will be cast off, the fugi-United States, under the provisions of this act, tive slave cause obliterated, not only without the more than three hundred and twenty acres, acdissolution, but with a newly acquired, strength cording to the established surveys; and if any to the Union.

THE PUBLIC LANDS.

THE following are among the acts of the XXXIIId Congress, 1st Session.

An Act to graduate and reduce the price of the Public Lands to Actual Settlers and

Cultivators.

person or persons taking such oath or affidavit shall swear falsely in the premises, he or she shall be subject to all the pains and penalties of perjury.

An Act to establish the offices of SurveyorGeneral of New-Mexico, Kansas and Netherein, and for other purposes.-This act braska, to grant donations to actual settlers authorizes the President to appoint a SurveyorGeneral of New-Mexico, with powers and duties Be it enacted by the Senate and House of similar to those of the Surveyor-General of Representatives of the United States of Ame- Oregon; and authorizes the donation of one rica, in Congress assembled, That all of the quarter section, or one hundred and sixty acres public lands of the United States which shall of land, to every white male citizen of the have been in market for ten years or upward, United States, or every white male above the prior to the time of application to enter the age of twenty-one who has declared his intensame under the provisions of this act, and still tion to become a citizen, and was residing in the remaining unsold, shall be subject to sale at the territory prior to 1st January, 1853, and is still price of one dollar per acre; and all of the residing there; and to every white male over lands of the United States that shall have been twenty-one, who shall have removed or shall in market for fifteen years or upward, as afore- remove to and settle in said territory between said, and still remaining unsold, shall be subject 1st January, 1858, and 1st January, 1858, one to sale at seventy-five cents per acre; and all quarter section shall also be given, on conof the lands of the United States that shall have dition of actual settlement and cultivation for been in market for twenty years or upward, as not less than four years-said donations to inaforesaid, and still remaining unsold, shall be clude the actual settlement and improvement subject to sale at fifty cents per acre; and all of the donee, and to be selected by legal sublands of the United States that shall have been divisions within three months after the survey in market for twenty-five years and upward, as of the land, if the settlement was made before aforesaid, and still remaining unsold, shall be the survey; if made after the suryey, then within subject to sale at twenty-five cents per acre; and three months after the settlement-all claims all lands of the United States that shall have been not conforming to these requirements to be in market for thirty years or more shall be sub-forfeited. Proof of settlement and cultivation to ject to sale at twelve and a half cents per acre: be made to the satisfaction of the SurveyorProvided, This section shall not be so construed General, on which a certificate shall be issued to as to extend to lands reserved to the United the occupant; and the heirs at law of any setStates, in acts granting land to States for rail- tler who dies before his four years' term is exroad or other internal improvements, or to min-pired, shall lose no part of their rights thereby, eral lands held at over one dollar and twentyfive cents per acre.

origin and extent of all claims to lands under the laws and usages of Spain and Mexico.

but shall be entitled to a certificate and patent, on proof of continued occupancy for the reSEC. 2. And be it further enacted, That upon quired term-but patents will be issued to no every reduction in price under the provisions foreigners till they become citizens. The usual of this act the occupant and settler upon the reservation is made of military, mineral, school lands shall have the right of preemption at such and salt lands, and due provision for the security graduated price, upon the same terms, con- of preemption rights; and the Surveyor-General ditions, restrictions and limitations upon which is required to ascertain and report the nature, the public lands of the United States are now subject to the right of preemption, until within thirty days preceding the next graduation or reduction that shall take place; and if not so purchased shall again be subject to right of preemption for eleven months as before, and so on from time to time, as reductions take place: Provided, That nothing in this act shall be so construed as to interfere with any right which has or may accrue by virtue of any act grant

The act also requires the appointment, by the President, of a Surveyor-General of the territories of Nebraska and Kansas-the office to be located where the President shall direct-and the powers, duties and responsibilities of the post to be similar to those of the same office in Wisconsin and Iowa; provides that all lands to which the Indian title has been or may be ex

tinguished in said territories, shall be subject to common liberty of fishing under this and the next the operation of the preemption act of September 4, 1841-provided that where unsurveyed lands are claimed by preemption, notice of the tracts claimed must be filed within three months after the survey; and failure to file notice or pay for the tracts claimed, prior to the day fixed for public sale by President's proclamation, works a forfeiture. Public lands in Nebraska, where the Indian title shall have been extinguished, to form a new district, called the Omaha district; and those in Kansas, with the Indian title cancelled, to be called the Pawnee district. A Register and Receiver of public moneys to be appointed for each district, and the surveyed lands to be exposed for sale from time to time, the same as other public lands.

RECIPROCITY TREATY.

Such

succeeding article, and such declaration shall be entered on the record of their proceedings. The Commissioners shall name some third person to act as arbitrator or umpire in any case or cases on which they may themselves differ in opinion. If they should not be able to agree with the name of such person, they shall each name a person, and it shall be determined by a lot which of the two persons so named shall be arbitrator or umpire in cases of difference or disagreement between the Commissioners. The person so to be chosen to be arbitrator or umpire shall, before proceeding to act as such in any case, make and subscribe a solemn declaration, in a form similar to that which shall already have been made and subscribed by the Commissioners, which shall be entered on the record of their proceedings. In the event of the death, absence, or incapacity of either the Commissioners, or the arbitrator, or umpire, or of their or his omitting, declining, or ceasing to act as such THE following is a copy of the so-called Reci- and different person shall be appointed or Commissioner, arbitrator, or umpire, another procity Treaty negotiated by Lord Elgin and named, as aforesaid, to act as such CommisSecretary Marcy, extending the right of fishing sioner, arbitrator or umpire, in the place and and regulating the commerce and navigation stead of the person so originally appointed or between the British North American Provinces scribe such declaration as aforesaid. named as aforesaid, and shall make and suband the United States: Commissioners shall proceed to examine the ARTICLE 1. It is agreed by the high contract-coasts of the North American Provinces and of ing parties, that in addition to the liberty secured the United States embraced within the provision to the United States fishermen by the convention of the first and second articles of this treaty, and of 1818, of taking, curing and drying fish on cer- shall designate the places reserved by the said tain coasts of the British North American Colonies articles from the common right of fishing theretherein defined, the inhabitants of the United in. The decision of the Commissioners, and of States shall have, in common with the subjects the arbitrator and umpire, shall be given in of her Britannic Majesty, the liberty to take fish writing in each case, and shall be signed by of every kind except shell fish, on the sea coasts them respectively. The high contracting parties and shores, and in the bays, harbors and creeks hereby solemnly engage to consider the decision of Canada, New-Brunswick, Nova-Scotia, Prince of the Commissioners conjointly, or of the arbiEdward's Island, and of the several islands trator or umpire, as the case may be, as absothereunto adjacent, without being restricted to lutely final and conclusive in each case decided any distance from the shore, with permission to upon by them or him respectively. land upon the coasts and shores of those colo- ART. 2. It is agreed by the high contracting nies and the islands thereof, and upon the Mag-parties that British subjects shall have, in comdalen Islands, for the purpose of drying their mon with the citizens of the United States, the nets and curing their fish. Provided, That in liberty to take fish of every kind except shellso doing they do not interfere with the rights of fish on the eastern sea coasts and shores of the private property, or with British fishermen, in United States north of the thirty-sixth parallel the peaceable use of any part of the said coast of north latitude, and on the shores of the in their occupancy for the same purpose. It is several islands thereunto adjacent, and in the understood that the above-mentioned liberty ap- bays, harbors and creeks of the said sea, the plies solely to the sea-fishery, and that salmon coasts and shores of, the United States and of and shad-fisheries, and all fisheries in rivers the said islands, without being restricted to any and mouths of rivers, are hereby reserved ex-distance from the shores, with permission to clusively for British fishermen. And it is further land upon the said coasts of the United States agreed, that in order to prevent or settle any and of the islands aforesaid, for the purpose of disputes as to the places to which the reservation drying their nets and curing their fish, provided of exclusive right to British fishermen, con- in so doing they do not interfere with the rights tained in this article, and that of fishermen of of private property, or with the fishermen of the the United States, contained in the next suc- United States, in the peaceable use of any part ceeding article, apply, each of the high contract- of the said coasts, in their occupancy for the ing parties, on the application of either to the same purpose. It is understood that the aboveother, shall, within six months thereafter, ap-mentioned liberty applies solely to the sea-fishpoint a Commissioner. The said Commissioners, ery, and that salmon and shad-fisheries and all before proceeding to any business, shall make fisheries in rivers and mouths of rivers are and subscribe a solemn declaration, that they hereby reserved exclusively for the fishermen will impartially and carefully decide, to the best of the United States. of their judgment and according to justice and equity, without fear, favor, or affection to their own country, upon all such places as are intended to be reserved and excluded from the

ART. 3. It is agreed that the articles enumerated in the schedule, hereunto annexed, being the growth and produce of the aforesaid British Colonies or of the United States, shall be ad

RECIPROCITY TREATY-TREATY WITH MEXICO.

43

mitted into each country respectively free of the same is shipped to the United States from duty.

SCHEDULE.

Grain, flour and breadstuffs of all kinds.
Fresh, smoked and salted meats.

Cotton; Wool.

Seeds and vegetables.

Undried fruits.

Fish of all kinds.

the Province of New-Brunswick.

ART. 5. The present treaty shall take effect as soon as the laws required to carry it into operation shall have been passed by the Imperial Parliament of Great Britain and by the Provincial Parliaments of those of the British North American Colonies which are affected by this treaty on the one hand, and by the Congress of the United States on the other; such assent

Products of fish and all other creatures living having been given, the treaty shall remain in

in the water.

Poultry; Eggs.

Hides, furs, skins or tails undressed.

Dyestuffs.

Fish oil.

force for ten years from the date at which it may come into operation; and further, until the expiration of twelve months after either of the high contracting parties shall give notice to the other of its wish to terminate the same, each of

Stone or marble in its crude or unwrought the high contracting parties being at liberty to

state.

Slate; Coal.

Butter, cheese, tallow.

Lard, horns, manures.

Ores or metals of all kinds.
Pitch, tar, turpentine, ashes.

Timber, and lumber of all kinds, round, hewed and sawed, manufactured in whole or in part. Firewood.

Plants, shrubs and trees.

Pelts, wool.

Rice, broom-corn and bark.

Gypsum, ground and unground.

give such notice to the other at the end of the said term of ten years, or at any time afterward. It is clearly understood, however, that this stipulation is not intended to affect the reservation made by Art. IV. of the present treaty with regard to the right of temporarily suspending the operation of Articles III. and IV. thereof.

ART. 6. And it is hereby further agreed that the provisions and stipulations of the foregoing articles shall extend to the Island of Newfoundland, so far as they are applicable to that colony. But if the Imperial Parliament, the Provincial Parliament of Newfoundland, or the Congress of

Hewn or wrought or unwrought burr or grind-the United States, shall not embrace in their

stone.

Flax, hemp and tow unmanufactured.
Unmanufactured tobacco.

Rags.

laws, enacted for carrying this treaty into effect, the colony of Newfoundland, then this article shall be of no effect; but the omission to make provision by law to give it effect, by either of the ART. 4. It is agreed that the citizens and in- Legislative bodies aforesaid, shall not in any habitants of the United States shall have the way impair the remaining articles of this treaty. right to navigate the River St. Lawrence and the ART. 7. The present treaty shall be duly ratiCanals in Canada, used as the means of com-fied, and the mutual exchange of ratifications municating between the great Lakes and the At- shall take place in Washington, within six lantic Ocean, with their vessels, boats and crafts, months from the date hereof, or earlier, if posas fully as the subjects of her Britannic Majesty, sible. In faith whereof, we, the respective subject only to the same tolls and other assess-plenipotentiaries, have signed this treaty, and ments as now or may hereafter be exacted of have hereunto affixed our seals. her Majesty's said subjects; it being understood, Done in triplicate, at Washington, the fifth however, that the British Government retains day of June, Anno Domini one thousand eight the right of suspending this privilege on giving hundred and fifty-four. due notice thereof to the Government of the United States. It is further agreed, that if at any time the British Government should exercise the said reserved right, the Government of the United States shall have the right of suspending,

[L.

W. L. MARCY.
ELGIN AND KINCARDINE. [L. S.

Gadsden Treaty:

if it think fit, the operation of Article III. of the TREATY WITH MEXICO. present treaty, in so far as the Province of Canada is affected thereby, for so long as the THE following are the essential items in the suspension of the free navigation of the River late treaty with Mexico, generally known as the St. Lawrence or the canals may continue. It is further agreed that British subjects shall have the right freely to navigate Lake Michigan with ARTICLE 1. The Mexican Republic agrees to their vessels, boats and crafts, so long as the designate the following as her true limits with privilege of navigating the River St. Lawrence, the United States for the future: retaining the secured to Americans by the above clause of the same, dividing line between the two Californias present article, shall continue, and the United as already defined and established, according to States further engages to urge upon the State the 5th article of the treaty of Guadalupe HiGovernments to secure to the subjects of her dalgo, the limits between the two republics shall Britannic Majesty the use of the several canals be as follows: Beginning in the Gulf of Mexico, on terms of equity with the inhabitants of the three leagues from land, opposite the mouth of United States. And it is further agreed, that no the Rio Grande, as provided in the 5th article of export duty, or other duty, shall be levied on the treaty of Guadalupe Hidalgo; thence, as lumber or timber of any kind cut on that portion defined in the said article, up the middle of that of the American territory in the State of Maine, river to the point where the parallel of 31 deg. watered by the River St. John and its tribu- 47 min. north latitude crosses the same; thence taries, and floated down that river to sea, when due west one hundred miles; thence south to

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