Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-03-04
SPEECH OF HON. STEPHEN c. BURTON,
On the Proposed Amendment OF tho
Federal Constitution, Delivered in
tho House OF Representative OF the
Indiana Legisiature, February 9.
1861.


The House being in committee of the
whole, aud having under consideration
the proposition to abolish the Institution of
slavery in the United States by an amendment of
the constitution, Mr.. Burton from the county
of Sullivan said
Mr.. Chairman / ask tie indulgence of the
committee TOR short time, that l may submit,
briefly and without previous. preparation, an ar
gument IN opposition 10 a question. the most ex-
traordiaary, the most important, the most me
mentous, perhaps, that ever engaged the s,ten-
ton of a deliberstive body. L 60 not rise, sir
with view of changing the result or with the
hope OF influencing a single vote, for dare say f,
il a fore gone conclusion that this general
assembly" will adopt the monstrous proposition
and ratify the action of congress | rise for
another and far different purpose Il is in vim
dication OF the time honored principles OF demo
crazy, which underle and form the substratum
OF our republican form of government, that
nov speak. The people of Indiana, represented
by the minority upon this floor, while they ex-
pect Us to vote as a unit .agaiEst this obnoxious
measure, they expect furthermore, that we will
step boldly forward aud proclaim to the world
the reasons which prompted that vote, that they
may go into history, side BY side, and shield the
record about TO make against the Cal
jimmy and repToach that may be cast upon il by
the friends OF strong centralized government.
They do not expect Us to defeat the measure,
but they DO expect us 10 be true to that conf
dence reposed in Us by democratic constit
uency, whose cherished principle has ever been.
and is now, devotion aud fidelity 10 the "cOusti-
tuition as our fathers made it," The gentleman
from Jefferson (Mr. Wright who preceded me
in this debate. defanty tells Us that We of the
minority here must support this measure OF
else be politically damned forever. In Other
words the majority here go into this discussion
making War upon the minority, under the motto
OF emancipation or determination" meaning
thereby, that We mus join with them in emanci-
pating their coored brethren of the south or else
be exterminated politically They should re-
member that the race is not ALWAYS 10 the
swift" nor the battle 70 the strong" and il
their party should be exterminated before ours
and before their friends of African descent ara
fully emancipsted, they need not be surprised
for it will be but the moral force and crushing
weight OF enlightened public opinion, recOihng
under the Inspirations OF spiritual influences ema-
mating from the tomb Of Washington of Jeffer-
son, Of Madison, OF Jackson, OF Webster and oil
Clay, and rebounding with numerous effect
upon their devoted heads, crushing them to the
earth exterminaling them, if you please, as
enemies OF the old federal union, as traitors to
the time honored constitution. Sir, when the
majority ask the minority here 10 vote for thi:
proposition, it is simply asking that we discard
long cherished democratic principles, renounct
our allegiance TO the democratic creed, and Torn
an inexcusable alliance with the federalism OF the
past, and the fanatical sboltionism of the pres
ent. That We cannot, and will not do. Never
never.
This is q proposition which. upon its face
10 tba If a.
that alone; hut sir, moments reflection viii
coLyince the most unwilling mind that it involves
a principle which, once established, makes ours
government of unlimited despotic powers, thus
seriously endaDgering the liberty Of the citizen
A principle which enables three lourtbs of tht
states 10 strike down, az pleasure the rights ana
institutions of the remaining fourth, thus de
strO wing all the safeguards which the federal con
stilutiOu has thrown around helpless minorties
A principle which involves, in my humble Opn
| ion, the destruction sovner or later of this re
public with all her free Institutions Ii is th,
same identical principle contended for by the fed
eralsts under the lead of Alexander Hamilton
in the convention which framed the constitution
raising It's hydra head in the form of a negro
! amid the dreadful shock of battle and terrific
clssh OF arms, after having slumber"d for neal
three quarters OF a century beneath the hesvy
tread and triumphant march Of Jefersonian dem
| ocracy. The federal party then contended for
| strong centralized government; the abolition par
~ now contend for the same The democratic
party then opposed centrazing, and advocate.
the policy of trusting all powers in the hands o
the people. save those which might be necess M
to execute the purposes of the general govern
ment. They advocate the same policy now
This policy prevailed. aud the government VA
| accordingly established upon the democratic o.
republican theory Certain powers, specified il
the constitution, we're delegated to the genera
government; all others were reserved TO IN,
states respectively, or to the people" Mark tn,
| language, were reserved TO the states respec
fiUeIy that is, TO the states sinely and separate
| ~, not as a whole
| hold, therefore, that it Is not within the pow
eF Of three iourIhs of the states to bind the re
naming fourth by an amendment which 80 81
changes the original spirit and letter Of the con
stitution az to subyert the entire theory of on
republican form OF government, from one o
| specifc and limited, 10 one OF unlimited and des
| pOtic powers. ANY amendment or proposition
which strikes down the sovereign right of state
or of citizen 10 establish and maintain a cer:a!l
domestic institution, or to hold and protect a Ger
/ tain species of property, implies the right OF un
| limited eucroachment upon forbidden grounds
and for that reason, Is clearly not within to,
/ purvie. of amendments contemplated by ID.
l
Such, sir. is the character of the proposed amend
msnt which nov engages the solemn delibers
/ ton of this honorable body; and even, ih0ugi
three fourths OF the states shall adopt it, Il Can
not, in my humble opinion. part4ke OF the gen
/ ius OF our free institutions, and become legiti
mate part OF the original compact. until j. j
sanctioned and endorsed by each and every stat
/ composing the federal union. The states whcl
\ shall refuse to adopt this proposed amendmen;
/ will by that set swear anew TO stand BY the oil.
constitution and the old union. while those vi,
adopt IL. will. by their own voluntary act repu
/ date the constitution of our fathers with To,
pm under IT, and form new union upon
nes theory and new basis
Nr. Wrigbt-Wi the gentleman permit ne q
ask him question
Mr. Burton = CertsiDls sill.
/ Mr.. Uright-Does not the constitution pro
vide that three four;hs Of the states may alter o.
amend 1t as theF see proper
/ Mr. Burton-l will say. in answer TO the gen
/ tlemen, tha, the constitution provides fol
/ amendments, but that power Is not Unlimited, a.
/ he supp0ses. Any sme dmeD, which Is neces
sary to further the objects and purposes at ths
/ constitution, as declared 10 the preamble, or u
more clearly define the powers Delegated to th'
/ general government by the states. or 10 prOtec
! the rights OF the citizen under the constitution
I is legitimate ana proper. and nav be made BIZ
auv amendment which tends 10 defeat the oblect
aud purposes of the government. br grssping 81
/ ter reserved powers never relinquished BY rh'
states, and thus changing the spirit and inten
0fthe instrument. by suoverting iundsmenta
] l. 81 = .uH n,