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Territories, but stealthily creeping even into the interested citizens, but to the alien inhabitants free States themselves. Believing this, and be- of the Territories also. So the great interests lieving, also, that complete responsibility of the of humanity are, after all, thanks to the House Government to the people is essential to public of Representatives, and thanks to God, submitted and private safety, and that decline and ruin are to the voice of human nature. sure to follow, always, in the train of Slavery, I Sir, I see one more sign of hope. The great
sure that this will be no longer a land of support of Slavery in the South has been its alliFreedom and constitutional liberty when Slavery ance with the Democratic party of the North. By shall have thus become paramount. Auferre means of that alliance it obtained paramount intrucidare falsis nominibus imperium atque, fluence in this Government about the year 1800, ubi solitudinem faciunt, pacem appellant. which, from that time to this, with but few and
Sir, I have always said that I should not de- slight interruptions, it has maintained. While spond, even if this fearful measure should be Democracy in the North has thus been supporteffected; nor do I now despond. Although, ing Slavery in the South, the people of the North reasoning from my present convictions, I should have been learning more profoundly the princinot have voted for the compromise of 1820, I ples of republicanism and of free government. It have labored, in the very spirit of those who es- is an extraordinary circumstance, which you, tablished it, to save the landmark of Freedom sir, the present occupant of the chair, [Mr. Stuwhich it assigned. I have not spoken irreve- ART,] I am sure will not gainsay, that at this morently even of the compromise of 1850, which, ment, when there seems to be a more complete as all men know, I opposed earnestly and with divergence of the Federal Government in favor diligence. Nevertheless, I have always pre- of Slavery than ever before, the sentiment of ferred the compromises of the Constitution, and Universal Liberty is stronger in all free States have wanted no others. I feared all others. than it ever was before. With that principle the This was a leading principle of the great states- present Democratic party must now come into a man of the South, (Mr. Calhoun.] Said he: 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.
It has been no proposition of mine to abrogate them now; but the proposition has come from ALOLISH THE FUGIVIVE SLAVE LAW. another quarter-from an adverse one. It is about to prevail. The shifting sands of com
SPEECH OF HON. JOSIAH QUINCY. promise are passing from under my feet, and they are now, without agency of my own, taking The following brief but stirring and sterling 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 Whig State Convention on the 16th of August, and wiser legislation. Through all the darkness 1854, by Hon. Josia: QUINCY, Sen., a man venerand gloom of the present hour, bright stars are able alike for his years, intelligence, integrity breaking, that inspire me with hope, and excite and genuine patriotism : me to perseverance. They show that the day of compromises has passed forever, and that hence I came to this meeting by invitation as a forward all great questions between Freedom citizen-not as a partisan; with no intention to and Slavery legitimately coming here--and none volunteer a word on the occasion, but with a other can come~shall be decided, as they ought fixed purpose to respond if called upon, as beto be, upon their merits, by a fair exercise of le- came an individual who has in this world now gislative power, and not by bargains of equivo- little to hope, and, I thank God, nothing to cal prudence, if not of doubtful morality. fear ;-who has behind him only the memory of
The House of Representatives has, and it al- the past, and before him the opening grave in ways will have, an increasing majority of mem- which he must soon be deposited. From such an bers from the free States. On this occasion, individual you have a right to expect words of that House has not been altogether faithless to truth, duty and soberness. I come not here to the interests of the free States; for although it utter vituperative demonstrations against the has taken away the charter of Freedom from slaveholders of the South. They have used the Kansas and Nebraska, it has at the same time powers vested in them by the Constitution for told this proud body, in language which compels their own interests, as every other selfish assoacquiescence, that in submitting the question of ciation of men would have done under the same its restoration, it would submit it not merely tol circumstances, with the same powers, and under
the same temptations. In every step of the pro-J 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, tro battalions of dragoons, eight tion of their slaves ? Why, the arm of the companies of artillery, trelre companies of Union is the very sinew of that subjection! It infuntry, 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, fel. United States, with its artillery loaded for low-citizens. I believe that in the nature of action, all marching in support of a Pro- 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 Asulting from that clause. It is, cessante ratione POOR TREMBLING SLAVE FROM A Boston Court- cessat et ipsa lex. Now what was the underHOUSE TO THE FATTERS AND LASH OF HIS MASTER! standing and what was the state of things under This display of military force the Mayor of which that contract was made! The free States this city officially declared to be necessary on agreed in 1789 to be field-drivers and poundthe occasion. Nay, more, at a public festival keepers for the black cattle of the slaveholding he openly took to himself the glory of this dis- States, within the limits and according to the play, declaring that by it life and liberty had fences of the old United States. Between that been saved, and the honor of Boston vindicated ! year and this, Anno Domini 1854, those slaveI make no comments. I state facts as the holders have broken down the old boundaries, ground out of which spring the duties of the and opened new fields of unknown and indefinite people of Massachusetts. I state another fact extent. They have multiplied their black cattle still more conclusive and illustrative of these by millions; and are every day increasiug their duties. This scene, (thus awful, thus detestable,) numbers, and extending their cattle field into every inhabitant of this metropolis, nay, more, the wilderness. Under these circumstances, are every inhabitant of this Commonwealth, may be we bound to be their field-drivers and poundcompelled again to witness at any and every day keepers any longer? Answer me, people of of the year, at the will or the whim of the mean. Massachusetts. Are you the sons of the men of est and basest slaveholder of the South. This 1776? or do you " lack gall to make oppression also is undeniable. Now, is there a man in bitter?” I would willingly dwell upon this topic Massachusetts, with a spirit so low, so debased, and others which are in my mind, but I have 80 corrnpted by his fears or his fortune, that he already occupied more than my proportion of
this debate. I have pointed out your burden. ing preēmption 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, acdiscolution, but with a newly acquired, strength cording to the established surveys; and if any to the Union.
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 THE PUBLIC LANDS. perjury.
THE following are among the acts of the An Act to estáblish the offices of SurveyorXXXIIId Congress, 1st Session.
General of New Mexico, Kansas and NeAn Act to graduate and reduce the price of, therein, and for other purposes.-This act
braska, to grant donations to actual settlers the Public Lands to Actual Settlers and authorizes the President to appoint a SurveyorCultivators.
General 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, 1853, 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 Afty 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 twenty- but shall be entitled to a certificate and patent, five cents per acre.
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 preëmption 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 origin and extent of all claims to lands under subject to the right of preemption, until within the laws and usages of Spain and Mexico. thirty days preceding the next graduation or The act also requires the appointment, by the reduction that shall take place; and if not so President, of a Surveyor-General of the terripurchased shall again be subject to right of pre- tories of Nebraska and Kansas—the office to be emption for eleven months as before, and so on located where the President shall direct-and from time to time, as reductions take place : the powers, duties and responsibilities of the Provided, That nothing in this act shall be so post to be similar to those of the same office in construed as to interfere with any right which Wisconsin and Iowa ; provides that all lands to has or may accrue by virtue of any act grant- 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 preëmption act of Septem- succeeding article, and such declaration shall be ber 4, 1841-provided that where unsurveyed entered on the record of their proceedings. The lands are claimed by preemption, notice of the Commissioners shall name some third person to tracts claimed must be filed within three months act as arbitrator or umpire in any case or cases after the survey; and failure to file notice or on which they may themselves differ in opinion. pay for the tracts claimed, prior to the day fixed If they should not be able to agree with the for public sale by President's proclamation, name of such person, they shall each name a works a forfeiture. Public lands in Nebraska, person, and it shall be determined by a lot which where the Indian title shall have been extin- of the two persons so named shall be arbitrator guished, to form a new district, called the or umpire in cases of difference or disagreement Omaha district; and those in Kansas, with the between the Commissioners. The person so to Indian title cancelled, to be called the Pawnee be chosen to be arbitrator or umpire shall, bedistrict. A Register and Receiver of public fore proceeding to act as such in any case, make moneys to be appointed for each district, and and subscribe a solemn declaration, in a form the surveyed lands to be exposed for sale from similar to that which shall already have been time to time, the same as other public lands. 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 RECIPROCITY TREATY. 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-Commissioner, arbitrator, or umpire, another
and different person shall be appointed or 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 sub
Such and 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 ART. 3. It is agreed that the articles enumerequity, without fear, favor, or affection to their ated in the schedule, hereunto annexed, being own country, upon all such places as are in the growth and produce of the aforesaid British tended to be reserved and excluded from the Colonies or of the United States, shall be ad
RECIPROCITY TREATY-TREATY WITH MEXICO.
mitted into each country respectively free of the same is shipped to the United States from duty.
the Province of New Brunswick. SCHEDULE.
ART. 5. The present treaty shall take effect as
soon as the laws required to carry it into operaGrain, flour and breadstuffs of all kinds.
tion shall have been passed by the Imperial Fresh, smoked and salted meats.
Parliament of Great Britain and by the ProCotton; Wool.
vincial Parliaments of those of the British North Seeds and vegetables.
American Colonies which are affected by this Undried fruits.
treaty on the one hand, and by the Congress of Fish of all kinds.
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.
force for ten years from the date at which it may Poultry; Eggs.
come into operation; and further, until the Hides, furs, skins or tails undressed.
expiration of twelve months after either of the Dyestuffs.
high contracting parties shall give notice to the Fish oil. Stone or marble in its crude or unwrought the high contracting parties being at liberty to
other of its wish to terminate the same, each of state.
give such notice to the other at the end of the Slate; Coal.
said term of ten years, or at any time afterward. Butter, cheese, tallow. Lard, horns, manures.
It is clearly understood, however, that this stipu
lation is not intended to affect the reservation Ores or metals of all kinds.
made by Art. IV. of the present treaty with re. Pitch, tar, turpentine, ashes. Timber, and lumber of all kinds, round, hewed gard to the right
of temporarily suspending the and sawed, manufactured in whole or in part.
operation of Articles III, and IV. thereof.
ART. 6. And it is hereby further agreed that Firewood. Plants, shrubs and trees.
the provisions and stipulations of the foregoing
articles shall extend to the Island of NewfoundPelts, wool.
land, so far as they are applicable to that colony. Rice, broom-corn and bark. Gypsum, ground and unground.
But if the Imperial Parliament, the Provincial Hewn or wrought or unwrought burr or grind- the United States, shall not embrace in their
Parliament of Newfoundland, or the Congress of stone.
laws, enacted for carrying this treaty into effect, Flax, hemp and tow unmanufactured.
the colony of Newfoundland, then this article Unmanufactured tobacco.
shall be of no effect; but the omission to make Rags.
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
W. L. MARCY.
[L. S.] United States. It is further agreed, that if at
ELGIN AND KINCARDINE. (L. s.] any time the British Government should exercise the said reserved right, the Government of the United States shall have the right of suspending, 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 knowu as the St. Lawrence or the canals may continue. It is further agreed that British subjects shall have Gadsden Treaty : the ght 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