The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-03-08
L II L RE P U B Lie.
SPEECH
MIR. II. ToomBs, OF GEORGIA.

Message communicating the Constitution
of California.
MIR. TOOMBS said:
Mr.. CHAIRMAN: There is general discomfort
among the people of fifteen States Of the Union
against this Government. Popular discontents are
rarely ill-tounded II is almost impossible in a
| free, popular government, for any considerable
portion Of the people to become alenated from the
government of their own free choice without sub
(. stantial reason. propose, Representative OF
portion OF the people who participate largely in
this disconen to inquire into its cause, and if it
be we'll founded, TO ask you TO remove il. II is
based upon well founded apprehension of fixed
purpose on the part Of the slavehoding States
of the Union to destroy their political rights; to
put their institutions under the ban Of the empire,
by excluding them from equal participation in
the common benefits of the Republic, and thereby
to bring the powers of their own Government in
direct hostility to fifteen hundred millions of their
property. This brief statement suggests the pro-
priety Of the investigation upon which now pro-
pose TO enter: What is the true relation of this
Government to property in slaves? We are now,
sir, ip transition state heretofore the distribu-
ton ofpolitical power, under system, has made
sectional aggression impossible think il would
have been wise to have secured permanency to such
distribution by the fundamental law 1t was not
done.
The course of events, the increase of population
in the northern portion of the republic and the ad
dition OF New States are about to give if they have
not already given, the non -slayeholding States a
majority in both branches of Congress, and they
have large and increasing majority of the popula-
| ton of the Union. These have brought US
TO the point where We to test the suffciency of
written constitutions to protect the rights of mi
nority against majority of the people Upon the
determination Of this question will depend, and
ought TO depend, the permanency Of the Govern
ment. The union Of these States had its birth in
the weakness Of its separate members without that
single controlling element, its early history amply
demonstrates that its creation, in its present FORM
would have been an impossibility. II contained
uncongenial elements, and perhaps discordant in
teress. Ii left local, yet great and important
interests, OF what was even then would be nu-
mericay the weaker section of the confederacy,
without any security against the stronger, except
from parchment guarantees. Our fathers did not
initiate the wisdom OF the great Grecian ambassa
dor, who declared, when entering into treaty
with the adversaries Of his country: will accept
no other security but this-tha you shall not have
the potce TO inJure my country, If you wish to do
it, Our security, under the Constitution, is based
solely upon good faith. There is nothing in its
structure which makes aggression permanently
impossible. II requires neither skill, nor genius,
nor courage, to perpetrate it; it requires only bad
faith. have studied the histories of nations and
the characteristics of mankind to but little purpose
if that quality shall be found wanting in the future
administration of our affairs. Our present Consti-
tuition was not baptized in the blood of the revou-
ton.
The old confederation, which was found strong
enough, under sense of common danger, to carry
us trlumphantly through the war ofthe revolution,
|
fcent for the wants of the country. Delegates met
in convention at Philadelphia 10 amend it; the
present Constitution the result of their labors
The journals and debates Of that convention attes
the fact that the delegates from the slaveholdine
ststs~ saw the danger of submitting thsr rights 4
property in slaves TO the hostile legislation of tn.
proposed new government. They then foresaw
, that they would be in minority; strong hosth.
ty 10 that interest was openly manifested In the
convention they were wise enough not to expect
an abatement OF that sentiment, and therefore they
demanded special guarantees for its protection.
Ths nhexiblc pertinacity with which some of these
guarantees were insisted upon, more than one
occasion during the deliberations of that assembly,
threatened the loss Of the whole plan Of Union.
They were conceded, because the Union could not
have been formed without their concession. These
special guarantees were
LIST. An exception Of the African slave trade from
the general power OF Congress over commerce for
twenty years.
3D. Representation for slaves in this branch o
Congress.
3D. The right to demand the delivery up Of fugi-
tives from labor escaping to the non-slavchoding
confederates.
4th The obligation Of the General Government
10 suppress instructions.
These special securities, together with tho rcscr-
vation " 10 the States respectively, or 10 the peo-
pe," OF the powers not delegated 10 the United
States by the Constitution nor prohibited by it 20
the States,' were supposed by those who granted
them and those who accepted them 10 be amply
sufficient 10 protect property in slaves from any
hostile action Of this Government. In this sense
was the Constitution received and accepted by the
people Of the United States The only defect in
these guarantees results from the fact that the
ccution and faithful Observance Of them depend
upon the good faith of the Government in them
selves honestly adhered TO, they are full, ample,
and sufficient.
The history Of some Of them is curious and
! instructing. Al the time Of the formation Of the
Constitution, Virginia and Maryland bad prohib-
tied the African slave trade North Carolina had
m audr "a
and Georgia insisted upon further importations.
| These two States bargained with New England,
and part of the consideration was, that New
England was TO vote for the continuance Of the
African slave trade for twenty years, and Georgia
and South Carolina were 10 vote 20 place the gen
eral commerce Of the country under the control Of
majority Of Congress, instead Of two-thirds,
which had been passed by the Convention. The
understanding was fairly carried out both sides
and thus the African slave trade was made lawful
commerce under the flag Of the Union by the votes
of New England against the votes Of slayeholding
Virginia and Maryland The North has en-
| oyed in security her part Of the bargain, and she
was none the loser by our part Of the contract,
she did the carrying, and received the profits Of
the speculation in slaves Yet in the face Of these
facts, and IN defiance Oi these provisions Of the
Constitution. VIC told this floor, by New
England Representatives, that slave property is
ont OF the protection Of the Government. Thou
sands Of these slaves thus introduced as lawful
commerce arc still held by the people Of the South;
other thousands, which were sold for taxes and
other debts due this Government are thus held;
the money is, or may be in your treasury, liable
TO be paid out for your per diem pay. Your Gov
ernmen' has direct or imperfect liens upon other
thousands in the shape Of official other bonds
We have the right 10 call you 90 give your
blood to maintain these thousands and all the rest
Of the slaves of the South i'm bondage. II is 80
nominated in the bond" Yet with these obliga-
tons resting upon you, told by you that
slave property is out of the protection Of the Gov
ernment Gentlemen, deceive not yourselves, you
cannot deceive others. This s pro-slavcry gov
crnment. Slavery is stamped upon It's heart the
Constitution. You must tear that out Of the body
polite before you can commence the work Of its
eradication.
have heard in this hall, within few days past,
fierce and bitter denunciations from northern lips,
Of Abolitionists of the Garrison school, who
sometimes chance to meet in Faneuil Hall. In my
judgment, their line of policy is the faircs, most
Just, most honest and dcensiblc Of all the enemies
Of our institutions. And such will be the judg-
ment Of impartial history. "They shun ques
tion, thcy.wear mask" They admit some, at
least, Of the constitutional obligations 10 protect
slavery. They hold these obligations inconsistent
with good conscience. and they therefore denounco
the Constitution as "a covenant with Death and a
league with He'll" and struggle earnestly for its
overthrow. If their conduct is devoid Of every