UC-NRLF 
 
The Secession Movement in the 
 United States 1847-18^2 
 
 BY 
 MELVIN JOHNSON WHITE 
 
 Professor of History in the Tulane University 
 of Louisiana 
 
 A Thesis 
 
 Submitted for the Degree of Doctor of Philosophy 
 
 University of Wisconsin 
 
 1910 
 
CONTENTS 
 
 PAGE 
 
 CHAPTER I. 
 
 The Wilmot Proviso Agitation, 1847-1848 . 5 
 
 CHAPTER II. 
 
 The Oregon, California, and New Mexico Issues, 1848- . 
 
 1849 . - 2 3 
 
 CHAPTER III. 
 
 The Congressional Adoption of Clay s Compromise . . 42 
 
 CHAPTER IV. 
 
 The First Session of the Nashville Convention .... 59 
 
 CHAPTER V. 
 
 The Compromise Question Before the Country .... 74 
 
 CHAPTER VI. 
 
 The Secession Movements .in. Georgia and in Mississippi 
 
 1850-1851 . . v. . v .; *:-: 84 
 
 CHAPTER VII. /. ; !/:.: ; : -\ . / 
 
 The Secession Movement in South Carolina, 1850-1852 97 
 
PREFACE. 
 
 This little monograph, in substantially the form here pre 
 sented, was submitted as a thesis in part fulfillment for the 
 degree of Doctor of Philosophy at the University of Wisconsin 
 in 1910. It grew out of a seminary study of the Compromise of 
 1850, conducted by Dr. U. B. Phillips, now of the University of 
 Michigan, who gave me many helpful suggestions and loaned 
 me much valuable material from his private library. I also wish 
 to acknowledge my obligations to Dr. F. J. Turner, now of Har 
 vard University, under whom it was my great good fortune to 
 have studied at Wisconsin ; to Dr. H. V. Ames, of the University 
 of Pennsylvania, for his time-saving suggestions in regard to 
 where material was to be found; and to Dr. C. B. Fish, of the 
 University of Wisconsin. Needless to say, the above-mentioned 
 scholars are in no ways responsible for the faults of the work. 
 Others whom I take this opportunity to thank are: Mrs. P. P. 
 Claxton, formerly Miss Mary Hannah Johnson, Librarian of the 
 Carnegie Library, Nashville, Tenn. ; and Dr. T. M. Owen, Direc 
 tor of the Department of Archives and History of the State of 
 Alabama, Montgomery, Ala., for aid and courtesies extended me 
 while in their cities. While engaged in collecting the source 
 material upon which this study is based, Mrs. White accom 
 panied me to libraries in different parts of the country, and ren 
 dered invaluable aid by copying manuscripts and other matter. 
 
 MELVIN JOHNSON WHITE. 
 
 34094! 
 
CHAPTER I. 
 THE WILMOT PROVISO AGITATION, 1847-1848. 
 
 The presidential campaign of 1844 marked the beginning of 
 the last stage in the long slavery struggle in the United States. 
 It indicated that the South, driven to a defense of the institution 
 of negro slavery by the rapid growth of Abolition sentiment at 
 the North, had resolved upon securing full control of the National 
 Government. 1 The Democratic party was the chosen instrument 
 by means of which this purpose was to be accomplished. Whipped 
 into line by its aggressive Southern wing, it committed itself to 
 the acquisition of new territory, which the South planned to 
 create into additional slave States, with the object of acquiring 
 control in Congress, without which it could not believe its favorite 
 institution safe. Early progress in this direction gave promise 
 of ultimate success. Texas was annexed to the Union as a slave 
 State in 1845. During May of the following year war was de 
 clared against the comparatively weak Republic of Mexico. Up 
 to this time the anti-slavery forces, taken by surprise and off their 
 guard, had nothing more serious than written and verbal opposi 
 tion, upon the part of isolated individuals, to oppose to the pro- 
 slavery program. David Wilrnot, a Pennsylvania Democrat, 
 pointed out the way of attack, and paved the way for a concentra 
 tion of the energies of the opposition, when, in August, 1846, he 
 introduced into the House of Representatives his famous Proviso 
 for the exclusion, by an act of Congress, of negro slavery from 
 the territory about to be acquired from Mexico. The sections at 
 once locked horns in a struggle that precipitated a national crisis 
 second only to the one of 1860. 
 
 An act of President Polk s, during the first session of the 
 twenty-ninth Congress, furnished the occasion for the introduc 
 tion of the Proviso. War with Mexico had hardly begun when, 
 in a special message to Congress, dated August 4, 1848, he sug 
 gested, since "a just and honorable peace, and not conquest" was 
 our object in entering upon the conflict, the appropriation of 
 such a sum of money as might be considered sufficient for con- 
 
 1. Ford, The Campaign of 1844, in Proc. Amer. Antiq. Soc., Vol. XX, Pt. 1, 
 Page 118. 
 
eluding the honorable peace and, besides, for the purchase of such 
 territory as Mexico might be willing to part with, 2 a proceeding 
 upon his part that greatly increased the activities of the anti- 
 slavery people, who saw in it a confirmation of their contention 
 that the war was purposely begun for the acquisition of more 
 slave territory. As an amendment to a House bill calling for 
 the appropriation of two millions of dollars for the purposes 
 suggested by the President, Congressman Wilmot s measure first 
 came before Congress and the country. 3 It immediately passed 
 the House, where the Northerners were in a decided majority, by 
 a vote of 87 to 64 4 , but in the Senate it was talked to death and 
 never came to a vote during that session. 5 
 
 Either through failure to appreciate the seriousness of his 
 act, or through indifference towards the opposition, the President 
 persevered, and in his annual message, December 8, 1846, at the 
 assembling of the members for the second session of the twenty- 
 ninth Congress, he again called attention to the matter, this time 
 strongly recommending the appropriation. 6 A prolonged debate 
 followed that brought out the sectional nature of the question 
 in a manner ominous of future trouble. The following extract 
 from a letter A. H. Stephens wrote to his brother Linton, 
 January 5, 1847, aptly describes the situation: ("The North is 
 going to stick the Wilmot amendment to every appropriation, 
 ;md then all the South will vote against any measure thus clogged. 
 Finally, a tremendous struggle will take place, and perhaps Polk 
 in starting one war may find half a dozen on his hands. I tell 
 you the prospect ahead is dark, cloudy, -ihick, and gloomy. I 
 hope for the best, while I fear the worst. "M 
 
 The transition from party to sectional ties, an inevitable out- 
 / come by reason of the step taken by the Southern Democracy in 
 \ 1844, was forecasted in the action of such a Northern Democrat 
 a Preston King, of New York, who introduced into the House of 
 Representatives a two-million appropriation bill with a slavery 
 clause attached. Another significant fact, to be in- 
 
 2. Ri<-har<Knn. M.-^suges and Papers, Vol. IV, pp. 456-7. 
 
 !> ". J9 Cong., 1 Sess., p. 1217. 
 I. li.i.l.. ].. IL IH. 
 l iil., p. 1 Jlil. 
 
 8 Ki h.in! on, Messages and Papers, Vol. IV, pp. 471-506. 
 7. .Inlmstun it I .ruwne, A. H. Stevens, p. 218. 
 
ferred from the proceedings, was that the older statesmen had 
 been left high and dry by the progress of events, and were unable 
 to meet the changed conditions; the political leadership of the 
 country was passing into the hands of a younger generation. 
 This was illustrated in the action of Senator Berrien, a Georgia 
 Whig, who appealed to the men from his section to oppose all 
 additions of territory, for the reason that slavery could not be 
 carried to any portion of it, and urged the necessity of keeping 
 the irritating question out of Congress. Calhoun, who was 
 absorbed in a scheme of his own for the settlement of the sectional 
 difficulty, 8 opposed the Mexican war for similar reasons. Not a 
 few members, from a sincere desire to avert all danger to the 
 Union, busied themselves with schemes of compromise. Benton, 
 and a few others, to quote Benton, "produced the laws and the 
 Constitution of Mexico to show that New Mexico and California 
 were free from slavery, and argued that neither party had any 
 thing to fear, or to hope the free soil party nothing to fear, 
 because the soil was now free, the slave soil party nothing to 
 hope, because they could not take a step to make it slave soil, 
 having just invented the dogma of No power in Congress to 
 legislate upon slavery in the territories. " 9 
 
 The Proviso never became a law. It passed the House in 
 the form of a clause attached to a two-million appropriation bill 
 in February, 1847, but it is extremely doubtful if, under any 
 circumstances, it could have commanded a sufficient majority in 
 the Senate during that session. The matter was not put to the 
 test, however, for while the discussion of the measure was going 
 on in the House, the Senate had passed a bill of its own, for the 
 appropriation of three million dollars, instead of two, and con 
 taining no clause regarding slavery. When taken up by the 
 House, on March 3, 1847, Wilmot added fresh fuel to the flame 
 by moving to amend it by adding his Proviso, but his motion 
 failed by a vote of 102 to 97. After considerable wrangling, the 
 bill was passed in the form in which it came from the Senate. 
 The final vote on the Proviso was decidedly sectional. All of the 
 Northern Whigs, including the member from Delaware, sup 
 ported the measure ; all members of that party from the Southern 
 
 8. See below, pp. 11-15. 
 
 9. Benton, Thirty Years View, Vol. II, p. 695. 
 
States voted against it. Its defeat as an amendment to the 
 "Three Million" bill was due to the votes of Northern Demo 
 crats, 10 who, from a sincere desire to restore peace and harmony, 
 or through inability to see the real issue involved in the struggle, 
 cast their votes with the South. 
 
 One matter that came up during the Congressional struggle 
 
 deserves more than passing notice. It was the championship of 
 
 he cause of the domestic expansion of slavery by Calhoun. On 
 
 /February 19, 1847, he introduced a set of resolutions, in the 
 
 
 Senate, declaring that the territories were the common property 
 of the States composing the Union, and that Congress, as the 
 joint agent and representative of the States, had no right to make 
 any law, or do any act whatever, that should, directly or by its 
 effects, make any discrimination between the States by which 
 any of them should be deprived of its full and equal right in 
 any territory acquired, or to be acquired, by the United States 11 
 the old familiar doctrine of State Sovereignty expressed in a 
 form suitable for the occasion. No action was taken upon these 
 resolutions ; it is possible that Calhoun introduced them only for 
 their effect upon public opinion south of Mason and Dixon s 
 line. At all events, the theory of Congressional power here set 
 forth met with favor in the Southern States, and it was the chief 
 argument put forward by his section during the territorial crisis 
 that followed. 
 
 The agitation in Congress spread to the country at large. At 
 the North, the war was denounced as a scheme of Southern 
 statesmen to increase the slave area of the country. New England 
 opposition found expression in the "Bigelow Papers," of Lowell, 
 the poems of Whittier, and in numberless press and pamphlet 
 articles by authors of lesser fame. Theodore Parker, the eminent 
 Boston clergyman, expressed his opposition in a speech at Fanuel 
 Hall, February 7, 1847. 12 A Whig meeting, held at Lebanon, 
 Ohio, August 28, 1847, approved the course of their Senator, 
 Thomas Corwin, who had been active in his opposition to the 
 Mexican war, declared their opposition to an improper inter- 
 
 10. For the debate and other proceedings relative to the Proviso struggle see 
 Cong. Globe, 29 Cong., 2 Sess., pp. 360-363, 383-386, 529-548, Appendix pp. 177-180, 
 342, 518, 406-409. 
 
 11. Cong. Globe, 29 Cong., 2 Sess., p. 455. 
 
 12. Chadwick, Theodore Parker, p. 237. 
 
ference with slavery where it constitutionally existed, but re 
 corded their opposition to its further extension. Ten Northern 
 States, through legislative resolutions, sanctioned the principles 
 of the Proviso. Three of these went beyond the principles em 
 bodied in the measure. New Hampshire urged the passage of 
 measures putting an end to slavery in the District of Columbia, 
 for its exclusion from Oregon, and from such territory as might 
 thereafter belong to the United States ; Ohio requested her Con 
 gressmen to procure the passage of measures excluding slavery 
 from the Territory of Oregon ; and Vermont declared that she 
 would not countenance, aid, or assent to the admission of any 
 State whose Constitution tolerated slavery. 13 The issues here 
 mentioned came up to render the situation the more complicated 
 at a later period. 
 
 The intensity of Northern feeling was even more strongly 
 revealed in the repeal of the so-called Sojourn Laws measures 
 that were originally passed by the Legislatures of the free States 
 for the benefit of Southerners, allowing them to abide in, or to 
 pass through, those States with their negro servants. By the 
 year 1850, all of the Northern States, with the exception of Rhode 
 Island and New Jersey, had done away with all laws of this 
 nature. 14 Calhoun considered that the spirit prompting such 
 acts was far more dangerous to Southern rights than was the 
 spirit of the Wilmot Proviso. 15 
 
 In the South the Proviso debate aroused alarm and resent 
 ment. Born and bred in the presence of the institution of neirro 
 slavery, Southerners took its existence for granted, and it is not 
 strange that Northern attacks upon the institution were regarded 
 as attacks upon their civilization. 16 Calhoun had furnished them 
 with a theory of governmental power that they could use in op 
 posing the purpose of the North, and they were quick to seize it. 
 The first Southern State to take legislative action was Virginia. 
 Her general Assembly adopted a series of resolutions, March 8, 
 
 13. Niles Register, Vol. LXXIII, p. 44. 
 
 14. See Clay s speech on the Compromise measure, Cong. Globe, 31 Cong., 1 
 Sess., App. pp. 115-117. Clay stated that the abolitionists of Philadelphia set the 
 slaves of Langdon Cheves, of South Carolina, free on writ of Habeas Corpus, while 
 that gentleman was in the city during the Mexican war. The case was carried to 
 the State Supreme Court, where it was argued for days. 
 
 15. See his letter to an Alabama legislator in Benton, Thirty Years View, Vol. 
 II, p. 698. 
 
 16. Ingle,SouthernSidelights,p.303. 
 
 9 
 
. 
 
 1847, holding that the Federal government had no control over 
 the institution of slavery, and that in taking any such control it 
 exceeded its legitimate functions by destroying the internal or 
 ganization of the sovereignties which created it. The second and 
 third of the series expressed, in substance, the theory of Con 
 gressional power as set forth by Calhoun in his Senate resolutions 
 of the month before. Should the issue be forced upon the coun 
 try by the adoption of the Proviso, one of the later resolutions 
 declared: "the people of Virginia can have no difficulty in 
 choosing between the alternatives of abject submission to aggres 
 sion and outrage on the one hand, or determined resistance on 
 the other, at all hazards and to the last extremity. " 17 These reso 
 lutions, which strongly suggest Calhoun influence, were received 
 with general approval in the South, and they served as a model 
 for those adopted by other State Legislatures in that section. 
 Provision was made for the Governor to transmit copies of the 
 proceedings to the executives of the other States in the Union. 
 Upon receiving his copy, Governor Brown, of Mississippi, wrote 
 in acknowledgement that he would lay the measure before the 
 Legislature of Mississippi, wrote in acknowledgement that he 
 would lay the measure before the Legislature of Mississippi when 
 it met, which would not be until January, 1848, but it afforded 
 him great pleasure to say in advance that the action of Virginia 
 would meet with the hearty approval of both political parties in 
 his State. 18 The Legislature of Alabama indorsed the action of 
 the Virginia Legislature; 19 the Democratic State conventions in 
 Alabama and Georgia concurred ; 20 and, besides, the resolutions 
 were approved at many public meetings held in different parts 
 of the South. 21 
 
 "While opposition to the Wilmot Proviso was general in 
 the South, the feeling of outrage was strongest in South 
 Carolina. Public meetings were held in different parts 
 of the commonwealth to denounce the measure. On 
 March 9, 1847, the citizens of Charleston held a meeting and 
 adopted resolutions condemning its principle; declaring the 
 
 17. Acts of Virginia, 1846-1847, pp. 236-237. 
 
 18. Niles Register, Vol. LXXII, p. 178. 
 
 19. Acts of Alabama, 1847-1848, pp. 450-451. 
 
 20. Niles Register, Vol. LXXII, pp. 179, 293. 
 
 21. Rhodes, United States, Vol. 1, pp. 105-106. 
 
 10 
 
question paramount to all party considerations; adopting the 
 Virginia resolutions; and expressing pride and pleasure in the 
 able and dignified conduct of Mr. Calhoun in defense of the 
 rights of the South and the guarantees of the Constitution. Cal 
 houn was present and addressed the gathering. 22 On October 4, 
 1847, a similar meeting was held in the court house of Barnwell 
 district. Resolutions to the number of eleven were adopted, 
 which, besides covering matters taken up at the Charleston 
 meeting, approved a plan to establish at Washington a news 
 paper for the defense "of those guarantees which the Constitu 
 tion secures to the slave holding States ; 23 declared the adoption 
 of anti-slavery resolutions by the Northern States to be violations 
 of the Constitution ; and recommended that the Legislature in 
 struct their delegates in Congress to return to their constituents 
 should the Wilmot Proviso pass that body. 24 
 
 In the same month General Waddy Thompson, a man of 
 strong Union views, addressed the citizens of Greenville County, 
 the pronounced Union center of South Carolina. He made a 
 speech strongly condemning the Proviso, and in it declared that 
 he yielded to no man in a sincere and rational attachment to the 
 Union. As for the government, it "should not be changed for 
 slight and trancient causes ; but when the great end of the insti 
 tution is defeated, and all hope of remedy is gone, and the governX 
 ment is only felt in its insults and its wrongs, it is not only aj 
 right, but the most sacred of human duties to abolish it. Should 
 the principle contained in the Proviso be asserted by an act of 
 Congress, he was ready to abolish the Union. 25 In the face of the 
 strong popular condemnation of the measure, even the moderate 
 men of the South were taking action in close accord with Cal 
 houn s views on the slavery issue. 
 
 Attention has previously been called to the Calhoun theory 
 that Congress had no power to pass acts depriving any State of 
 the Union of its equal rights in the Territories. In his speech 
 delivered before the citizens of Charleston, March 9, 1847, he set 
 forth the political and economic situation of the South and out 
 lined a general program for Southern action. In this speech he 
 
 22. Niles Register, Vol. LXXII, p. 39. 
 
 23. This paper, The Southern Press, was later established. See p. 61. 
 
 24. Niles Register, Vol. LXXIII, p. 127. 
 
 25. Greenville Mountaineer, Oct. 15, 1847. 
 
 II 
 
said that he fully concurred in the address of the committee and 
 in the resolutions accompanying it. Then followed a comparison 
 of the political strength of the two sections in Congress; the 
 conclusion drawn from which was that the non-slaveholding 
 States had mere power of numbers. The admission of the free 
 States of Iowa and Wisconsin would give the North a majority 
 of four in the Senate, which had previously been the Southern 
 shield against attacks upon the institution of slavery. The loss 
 of control over the Senate would put the South in a minority in 
 all departments of the government. It was fortunate that the 
 mere power of numbers was not the sole element of power under 
 our system of government. The South had the Constitution upon 
 its side. As to what that would avail them, he stated that already 
 there were many enlightened and patriotic men in the Northern 
 States and "the effect of the discussion will not improbably 
 greatly increase their number, and, induce a still greater number 
 to hesitate, and abate somewhat in their confidence in former 
 opinions, and prepare the way to give full effect to another ad 
 vantage which we possess." 
 
 Since the Northern crusade against slavery did not spring 
 from hostility of interests, the advantage spoken of was to "an 
 nihilate the products of their labor strike from the list the 
 three great articles, which are almost exclusively the products 
 of their labor cotton, rice, and tobacco, and what would become 
 of the great shipping, navigating, commercial, and manufactur 
 ing interests of the non-slaveholding States? What of their 
 Lowells and Walthams; their New York and Boston, and other 
 manufacturing and commercial cities? What, to enlarge the 
 question, would become of the exports and imports of the Union 
 itself ; its shipping and tonnage, its immense revenue, in the dis 
 bursements of which millions in those States, directly or indi 
 rectly, Ive and prosper?" 
 
 Then in lucid language followed his conception of the anti- 
 si ; i very movement at the North. To account for it he considered 
 it necessary to explain the views of the people in that section. 
 There were four classes of people there: first, Abolitionists 
 proper, about five per cent of the total population ; second, about 
 seven-tenths of the whole body of citizens, who, while regarding 
 slavery ;is n sin, preferred to put down the institution in a con- 
 
 12 
 
stitutional manner ; third, a very small class that viewed slavery 
 very much after the Southern fashion ; and fourth, the political 
 leaders who had no convictions either way but who were ready 
 to take either side that promised to further their political inter 
 ests. In the nicely balanced situation of the parties, the Abo 
 litionists held the balance of power, and the leaders of both 
 great parties had sought their support. Since both great parties 
 at the North had united against Southern interests, it was time 
 for both great parties at the South to unite in opposition. Their 
 object was the preservation of the Union, if it could be done con 
 sistently with their rights and equality with the other States. 26 
 
 In the Charleston speech, just considered, we have seen that 
 Calhoun advocated an attitude of resistance on the part of the 
 South without setting forth any definite constructive plans. 
 From his after course we conclude that he did not consider that 
 the time had come to take the public into his confidence. In a 
 letter to one of his followers, an Alabama legislator, written at 
 the time of the Wilmot Proviso controversy, 27 he bared his 
 thoughts, and we now know what those plans were. This legis 
 lator had evidently expressed himself to the effect that the South 
 should court, rather than shun, the issue offered by the measure. 
 Calhoun, in reply, wrote that he was in favor of going still far 
 ther and forcing the issue upon the North, since the South was 
 then relatively stronger than it would ever be afterwards. Unless 
 they did so, delay would prove dangerous. Had the South, or 
 even his own State, backed him in 1835, he would have forced 
 the issue when the Abolition spirit first showed itself. 
 
 In making the issue it was necessary to look far beyond the 
 Proviso, which he regarded as only one of many acts of aggres 
 sion, and, in his opinion, by no means the most dangerous. From 
 his point of view, the recent act of Pennsylvania, and similar 
 laws of that description, were far more dangerous. 28 Any com 
 promise or adjustment would simply lull to sleep instead of re 
 moving the danger. As to how the issue could be met without a 
 dissolution of the Union, he wrote : "I say without its dissolution* 
 
 26. Calhoun s Works, Vol. IV, pp. 394 395 ; Niles Register, Vol. LXXII, pp. 
 72-73.. 
 
 27. Given in Benton, Thirty Years View, Vol. II, p. 698; partially given in 
 Du Bose, Life of Yancey, p. 200. The date of this letter is not given, neither is the 
 name of the legislator. 
 
 28. The repeal of the Sojourn laws. 
 
 13 
 
for, in my opinion, a high and sacred regard for the Constitution, 
 as well as the dictates of wisdom, make it our duty in this case, 
 as well as in all others, not to resort to, or even to look to that 
 extreme remedy, until all others have failed, and then only in 
 defense of our liberty and safety. 
 
 To his mind there was but one remedy, and that lay in retali 
 ation, "by refusing to fulfill the stipulations in their favor, or 
 such as we may select as the most efficient. Among these, the 
 right of their ships and commerce to enter and depart from our 
 ports." This he would apply only to sea-going vessels, "which 
 would leave open the trade of the valley of the Mississippi to 
 New Orleans by river, and to the other Southern cities by rail 
 road; and tend thereby to detach the Northwestern from the 
 Northeastern States." He saw but one practical difficulty in the 
 way and that was, "to give it force, it will require the coopera 
 tion of all of the slave-holding States lying on the Atlantic Gulf. 
 Without that, it would be ineffective. To get that is the great 
 point, and for that purpose a convention of the Southern States 
 is indispensable. Let that be called, and let it adopt measures to 
 bring about the cooperation, and I would underwrite for the rest. 
 The non-slaveholding States would be compelled to observe the 
 stipulations of the Constitution in our favor, or abandon their 
 trade with us, or to take measures to coerce us, which would 
 throw on them the responsibility of dissolving the Union. Which 
 they would choose, I do not think doubtful. Their unbounded 
 avarice would, in the end, control them. Let a convention be 
 called let it recommend to the slave-holding States to take the 
 course advised, giving, say one year s notice before the acts of 
 the several States should go into effect, and the issue would fairly 
 be made up, and our safety and triumph certain." 
 
 This, then, briefly stated, was Calhoun s scheme: to force the 
 issue with the North in order to bring about a settlement of tfie 
 slavery question. In his Alabama letter, above quoted, he did not 
 mention the exact nature of the settlement but, from his famous 
 speech on the Compromise measures of 1850, March 4, I860, 29 
 we conclude that he had in mind an amendment to the Consti 
 tution. The plan was the result of long and deep reflection upon 
 liis part, and for several years he had awaited a favorable oppor- 
 
 29. Cong. Globe, 31 Cong., 1 Sess., App. pp. 115-127. 
 
 14 
 
tunity for its proposal. We shall see that he succeeded in bring 
 ing about a convention of the Southern States, but a detailed 
 account of its origin, purpose and proceedings is left for a later 
 chapter. 30 
 
 The Wilmot Proviso in its relation to the presidential cam 
 paign of 1848 is next to be considered, and the Democratic sit 
 uation shall first claim our attention. There were three who 
 more or less openly aspired to the honor of becoming the stand 
 ard bearer, and one possibility : James Buchanan, of Pennsyl 
 vania, who had entertained hopes of some day gaining the office 
 from the time of his entry into the House of Representatives in 
 1821 ; 31 George M. Dallas, of Pennsylvania, then Vice-President ; 
 and Lewis Cass, of Michigan. Levi Woodbury, of New Hamp 
 shire, a justice of the United States Supreme Court, was re 
 garded as a possibility. By reason of the strained sectional sit 
 uation it was clear that no man who openly opposed the extension 
 of slavery could hope for the support of the Southern wing of 
 the party. From a full realization of all this the three aspirants 
 early issued their studied bids for the coveted nomination. 
 Buchanan, in a widely-published letter of August 25, 1847, to 
 the Democrats of Berks County, Pennsylvania, recommended 
 the extension of the Missouri Compromise line to the Pacific as 
 his method of settling the territorial question. 32 Dallas, in a 
 speech delivered at Pittsburg, September 18, 1847, expressed his 
 disapproval of the Proviso measure, and signified opposition to 
 any scheme of compromise. 33 Cass, in a letter to A. 0. P. 
 Nicholson, of Nashville, Tennessee, December 24, 1847, in reply 
 to one received from that gentleman 34 asking him if he was in 
 favor of the acquisition of Mexican territory, and what were his 
 sentiments with regard to the Proviso, put forth the doctrine of 
 Squatter Sovereignty as his method of settling the matters in 
 controversy 35 a doctrine that appears to have originated with 
 Dickinson, of New York, and not with Cass, as was formerly 
 supposed. 36 
 
 30. See Chapter IV. 
 
 31. Poore, Perley s Reminiscences, Vol. I, p. 372. 
 
 32. Niles Register, Vol. LXXI1I, p. 4. 
 
 33. Ibid, p. 79. 
 
 34. Nashville Whig, Jan. 11, 1848. 
 
 35. Niles Register, Vol. LXXIII, p. 293; Smith, Life and Times of Cass, pp. 
 607-616. 
 
 36. Garrison, Westward Expansion, p. 300. 
 
 15 
 
The Whigs had three possible nominees for the presidency: 
 Henry Clay, General Scott, and General Taylor; but the bril 
 liant military record of the latter created such a strong popular 
 feeling in his favor that the party leaders discarded the logical 
 candidate, Clay, and passed over Scott, in order to make him 
 their candidate. Could they (the Northern Whigs) afford not 
 to run Taylor? wrote Washington Hunt to Thurlow Weed; 
 Southern Whigs, with scarcely an exception, were for him, and 
 he was sure to be a presidential candidate, with or without a 
 nomination. 37 Public meetings in Trenton, New Jersey, and in 
 New York, had boomed the candidacy of Taylor almost from the 
 outbreak of war, and after the battle of Buena Vista a pro 
 nounced movement in his favor spread over the entire country. 38 
 Thurlow Weed, in his interesting autobiography, tells us that he 
 first broke ground for Taylor by an article in his newspaper, 
 The Albany Evening Journal, for June 18, 1846. The circum 
 stances under which Weed claims he made the selection were 
 somewhat extraordinary. While in conversation with General 
 Taylor s brother, on a New York steamboat, the latter remarked 
 that the General had never been interested in politics, but that he 
 admired Clay, hated Jackson, and could not be induced to wear 
 a soat of foreign manufacture. This convinced Weed that the 
 General was a sound enough Whig to run for the Presidency. 39 
 
 For the next act in the political drama we must look to the 
 State of Alabama, where a leader for the South, since Calhoun 
 was absorbed in his own plans, offered himself in the person of 
 William Lowndes Yancey. Yancey was born in Warren County, 
 Georgia, August 10, 1814. 40 Like Calhoun, Yancey had received 
 a part of his education at the North, having attended Williams 
 College for a time. Both became leaders in the movement in 
 opposition to that section. After his return to the South, Yancey 
 lived for a time in Greenville County, South Carolina, where he 
 edited a Union newspaper. B. F. Perry, who was his law asso 
 ciate, thus writes of him at this time: "He was then a very 
 strong Union man, and dealt out to the nullifiers and secession 
 ists some terrible blows, for their disunion proclivities. Little 
 
 :;7. I .arnes, Memoir of Weed, p. 165. 
 
 38. Nilcs Register, Vol. LXXII, pp. 97, 112, 128, 294, 334. 
 
 39. Autobiography of Weed, pp. 570-583. 
 
 40. Du Bose, Life of Yancey, pp. 32-33. 
 
 16 
 
did I then think he was destined to blow up the Union himself 
 in the course of a few years." 41 
 
 Just how long: it was after his removal to the State of Ala 
 bama that his views in regard to the Union underwent a radical 
 change is not known, but he first became identified with the oppo 
 sition to the Wilmot Proviso principle at a Democratic State 
 convention held in the city of Montgomery, May 3, 1847. As a 
 member of a committee of six he helped draft a set of resolu 
 tions that declared territory acquired by the United States the 
 common property of all the States, and that the general govern 
 ment had no power to make laws discriminating between the 
 North and the South the substance of the Calhoun Senate, 
 resolutions of February 19, 1847. This was the convention that 
 endorsed the Virginia resolves of March 8, of that year. 
 
 At another Democratic State convention, held in the same 
 city on February 14, of the following year, Yancey s attempted 
 leadership became more apparent. While the convention was 
 fruitlessly debating over amendments to certain resolutions that 
 had been presented, he arose, drew from his pocket a preamble 
 and set of resolutions that he had previously prepared, and after 
 a speech of forty-five minutes duration got them adopted with 
 out a dissenting vote. 4 - This preamble and resolutions formed 
 the basis of the celebrated "Alabama Platform" of 1848, 43 which 
 pledged the members of the State Democratic delegation to the 
 Democratic National Convention at Baltimore, not to vote for 
 any nominees for President or Vice-President unless they 
 "openly and avowedly" declared themselves opposed to pro 
 hibiting slavery in the Territories by continuing the municipal 
 
 41. Perry s Reminiscences, p. 316. 
 
 42. Yancey s Address to the People of Alabama, pp. 9-10, 14-18. 
 
 43. The thirteenth and fourteenth resolutions were as follows: 
 
 "13. Resolved, That this Convention pledges itself to the country, and its mem 
 bers pledge themselves to each other, under no political necessity whatever, to support 
 for the offices of President and Vice-President of the United States, any person who 
 shall not openly and avowedly be opposed to either of the forms of excluding slavery 
 from the Territories of the United States mentioned in the resolutions, as being alike 
 in violation of the Constitution and of the just and equal rights of the citizens of the 
 slave-holding States. 
 
 "14. Resolved, That these resolutions be regarded as instructions to our dele 
 gates to the Baltimore Convention to guide them in their votes in that body; and that 
 they vote for no man for President and Vice-President who will not unequivocally 
 avow themselves to be opposed to either of the forms of restricting slavery, which are 
 described in these resolutions." Yancey s Address to the People of Alabama, pp. 16- 
 17; Du Bose, Life of Yancey, p. 214. 
 
 17 
 

 laws of Mexico, or by act of Congress methods of exclusion 
 advocated by prominent members of the Democratic party at 
 the North. This platform was approved by legislative resolu 
 tions of the State, which made the instructions all the more bind 
 ing upon the Baltimore delegates. 44 It was endorsed by Demo 
 cratic State Conventions in Virginia and in Florida. 45 Yancey 
 had taken advanced ground in that he sought to make the na 
 tional Democratic party the defender of Southern rights, and for 
 Vthe time being he was looked upon as the leader of the South. 
 
 Of the political parties, the native Americans were the first 
 to hold a nominating convention, meeting in Philadelphia, Sep 
 tember, 1847. No candidate was chosen for the presidency, but 
 the delegates recommended General Taylor for the office. Gen 
 eral A. S. Dearborn, of Massachusetts, was nominated for Vice- 
 President. 46 Two months later the Abolitionists proper, who 
 went by the name of the Liberty party, met and chose John 
 P. Hale, of New Hampshire, and Leicester King, of Ohio, candi 
 dates for the presidency and vice-presidency respectively. 47 
 
 On May 22, 1848, the Democratic National Convention met at 
 Baltimore. On their way to that city the Alabama delegation 
 stopped off at Washington, and while there they held a meeting 
 in Yancey s hotel apartments in order to examine letters re 
 ceived from the several candidates, to whom he, carrying out 
 the instructions laid down in his "Alabama Platform," had 
 written for statements regarding their stand on the question of 
 slavery extension. 48 General Cass replied by sending a copy of 
 his Nicholson letter. Mr. Dallas stated that having, on several 
 occasions, scrupulously abstained from any defense or elabora 
 tion of certain political views long entertained and heretofore 
 publicly expressed, he did not feel at liberty, just then, to pursue 
 a different course." Buchanan referred to his letter to the 
 Democrats of Berks County, Pennsylvania. Judge Woodbury 
 wrote, in effect, that his position on the Supreme Bench did not 
 permit the expression of an opinion upon his part. 49 
 
 44. Acts of Alabama, 1847-1848, pp. 450-451. 
 
 45. Du Bose, Life of Yancey, p. 214. 
 
 46. Niles Register, Vol. LXXIII, p. 79. 
 
 47. Ibid, p. 172. 
 
 48. Du Bose, Life of Yancey, p. 216. 
 
 49. Yancey s Address to the People of Alabama, pp. 28-29. 
 
 18 
 
One of the first matters that came before the convention 
 grew out of a factional contest among the New York Democrats. 
 As a result of this contest, two full delegations, one made up of 
 Van Buren supporters; the other supporting Dickinson, and 
 known respectively as "Barnburners" and "Hunkers," were 
 sent to the Baltimore Convention from that State. The conven 
 tion, after deliberating upon the situation, decided to admit both 
 delegations and to give to each one-half of the votes to which 
 that commonwealth was entitled. The "Hunkers" agreed to this 
 arrangement, but the Van Buren men refused, and withdrew. 50 
 Before proceeding, the delegates adopted the two-thirds 
 rule, which tended to put the nomination into the hands of the 
 minority. 51 
 
 Yancey was chosen to represent the State of Alabama on the 
 committee on resolutions, and he took an active part in its work. 
 Convinced that the committee was intent upon avoiding all ex 
 pression of opinion on the slavery question, he offered the fol 
 lowing resolution as an amendment to a resolution already be 
 fore the members: "Resolved further, That the doctrine of 
 non-intervention with the rights of property of any portion of 
 this Confederacy, be it in the States or in the Territories, by any 
 other than the parties interested in the said rights, is the true 
 Republican doctrine recognized by this body" a resolution 
 strictly in line with the principles of the "Alabama Platform." 
 It was defeated in the committee by a vote of 20 to 9. 52 A final 
 effort to carry the resolution in the convention, where it was 
 later presented in a minority report signed by Yancey, Com 
 mander, of South Carolina, and McGehee, of Florida, failed by 
 an overwhelming vote of 216 to 36. When this latter vote was 
 declared, Yancey arose and, after announcing to the convention 
 that in accordance with the instructions of his State he would no 
 longer participate in their proceedings, withdrew from the hall, 
 accompanied by Wray, another delegate from Alabama, The 
 other members of the Alabama delegation not only chose to 
 ignore instructions and retain their seats, but Winston, one of 
 
 50. Niles Register, Vol. LXXIV, p. 325 ; Greeley & Cleveland, Political Text-Book 
 for 1860, pp. 16-17. 
 
 51. Du Bose, Life of Yancey, p. 217. 
 
 52. Yancey s Address to the People of Alabama, pp. 48-51; Du Bose, Life of 
 Yancey, pp. 219-220. 
 
 19 
 
their number, felt called upon to denounce the action of the 
 withdrawing members. I declare here," he said,- "as a repre 
 sentative of Alabama, I do not belong to the ultra set of faction- 
 ists at the South who do as much harm as the ultra set of faction- 
 ists at the North," and he told the convention that the Alabama 
 men were present not as rulers but as delegates. Preston King 
 assured the assemblage that Winston was the father of the Ala 
 bama Democracy. 53 
 
 Yancey had been beaten in his efforts to force his leadership 
 upon the national Democratic party; his action was repudiated 
 not only by his fellow delegates at Baltimore but by the people 
 of Alabama as well. Winston and others wrote letters, denounc 
 ing his conduct at Baltimore, to the press of the State. Later on 
 Winston publicly denounced him in a speech delivered at Mont 
 gomery. 54 But the tide of public opinion in Alabama had turned 
 against him ere this. Sober second thought disapproved of the 
 Alabama Platform, after passions had cooled and it was real 
 ized that a young man s power of oratory was responsible for 
 the advanced step. Indeed, it seems that his eloquence was very 
 largely the cause of the whole Alabama movement. The news 
 papers assailed his course. 55 In defense he issued an "Address 
 to the People of Alabama," 56 explaining his conduct. During 
 the campaign of 1848, and for some years afterwards, he did not 
 take any part in national politics neither of the great parties 
 wanted him, his biographer tells us, but in the interval he de 
 voted his time to study, and waited for future events to justify 
 his course of action. 57 He had tried to lead his section but he 
 was in advance of the times in 1848. With the effort he disap 
 pears as an active force in the South during our period, but we 
 shall later have occasion to refer to him in connection with the 
 Southern Rights movement in Alabama, and with local affairs 
 in that State. 
 
 The Baltimore convention nominated Lewis Cass for Presi 
 dent on the fourth ballot, and William Butler, of North Caro- 
 lin::. for Vice-President on the second/" 8 To oppose them, the 
 
 F 53. Du Bose, Life of Yancey, pp. 218-220. 
 
 54. i:<id, p. 222. 
 
 55. Ibid, p. 215. 
 
 56. Yancey s Address to the People of Alabama, pp. 1-78. 
 
 57. Du Bose. VIUH-C . in (iulf States Hist. Mag., Vol. I, p. 244. 
 
 58. Stan wood, History of the Presidency, p. 234. 
 
Whigs, who held their convention at Philadelphia, June 7, 1848, 
 selected General Taylor for President, and Millard Fillmore, of 
 New York, for Vice-President. r>9 Both parties dodged the slavery 
 question in drawing up their platforms. 
 
 There was much opposition to the nomination of General 
 Taylor, owing to his not being acceptable to those members of 
 the convention who held extreme anti-slavery views. Accord 
 ingly, on the evening of the day of his nomination, Henry Wilson 
 and other extremists, who had opposed his candidacy, met in the 
 convention hall, and took the first steps in organizing a new 
 political party, the Free Soil party. It was decided to call a 
 convention to meet in August in the city of Buffalo. A conven 
 tion of the people of the State of Ohio, who were opposed to 
 the further extension of negro slavery, having previously been 
 called to meet ,at Columbus, June 20, 1848, Wilson informs us 
 that it was decided to send a delegate to persuade this gathering 
 to call the convention at Buffalo. 60 Be this as it may, the Ohio 
 convention, under the leadership of Salmon P. Chase, issued 
 the call, which was signed by three thousand citizens of all 
 political parties. 61 
 
 The New York supporters of Van Buren, piqued at the treat 
 ment their chief had received at the hands of the regular Demo 
 cratic party, resolved upon an independent organization in 
 revenge. 62 For the furtherance of their plan, the "Barnburn 
 ers" held a convention at Utica, June 22, 1848, nominated Van 
 Buren for President, and Henry Dodge, of Wisconsin, for Vice- 
 President, and adopted an anti-slavery platform. 63 
 
 The Ohio call offered an opportunity for the various anti- 
 slavery elements to combine and put forth common candidates, 
 with added chances of success at the ensuing election. The idea 
 was received with favor, and on August 9, 1848, four hundred 
 and sixty-five delegates, representing eighteen States, including 
 Delaware, Virginia, and Maryland, assembled at Buffalo. 64 Pro 
 ceedings began with a monster mass meeting, that was attended 
 by thousands. Salmon P. Chase, of Ohio, was presiding officer 
 
 59. Greeley & Cleveland, Political Text-Book for 1860, p. 15. 
 
 60. Wilson, Rise and Fall of the Slave Power, Vol. II, pp. 142-144. 
 
 61. Addresses and Proceedings, pp. 1-14; Warden, Life of Chase, p. 316. 
 
 62. Schurz, Henry Clay, Vol. II, p. 311. 
 
 63. Greeley & Cleveland, Political Text-Book for 1860, pp. 17-18 
 
 64. Niles Register, Vol. LXXIV, p. 110; Warden, Life of Chase, p. 318. 
 
 21 
 
of the convention, and it is said that the platform adopted was 
 substantially drawn by him. 65 Martin Van Buren was nomi 
 nated for President, the nomination being open in consequence 
 of the withdrawal of the different candidates previously nomi 
 nated by the anti-slavery parties, and Henry Dodge, the Utica 
 nominee for Vice-President, declining to serve, Charles Francis 
 Adams, of Massachusetts, was chosen for Vice-President by 
 acclamation. The new political party thus formed took the name 
 of the Free Soil party. Its platform declared for "Free soil, 
 free speech, free labor, and free men," which became the party 
 motto. 66 
 
 The November election was almost uneventful. Considerable 
 excitement was caused during the earlier stages of the campaign 
 by Taylor, upon whom party ties rested lightly, accepting the 
 nomination of a Democratic meeting in South Carolina, but 
 Weed was able to allay the storm by means of a speech delivered 
 at a public meeting at Albany, New York, and the "Rough and 
 Ready" letter from Taylor, in September, patched up a situa 
 tion that might otherwise have rendered his election improba 
 ble. 67 His being a native of Louisiana, and a slave owner, 
 commended him to the South, and his brilliant military record 
 made him popular at the North. Still, in spite of his popularity, 
 he could not have carried the election had it not been for the 
 defection in the Democratic party in New York, which lost the 
 electoral vote of that State for Cass. 68 The total electoral vote 
 for the country was : 163 for Taylor, 127 for Cass. 69 
 
 65. Warden, Life of Chase, pp. 317-318. 
 
 66. Niles Register, Vol. LXXIV, p. 110; Stanwood, History of the Presidency, 
 pp. 239-241; Warden, Life of Chase, p. 318. 
 
 67. Barnes, Memoir of Weed, pp. 169-170. 
 
 68. Benton, Thirty Years View, Vol. II, p. 723. 
 
 69. Stanwood, History of the Presidency, p. 242. 
 
 22 
 
CHAPTER II. 
 THE OREGON, CALIFORNIA, AND NEW MEXICO 
 
 ISSUES, 1848-1849. 
 
 As a result of the Northern failure to pass the Wilmot 
 Proviso in the form of an amendment to the Senate "Three 
 Million" bill, the South scored the first victory in the last stage 
 of the slavery struggle; but neither the Northern opposition to 
 the further spread of the institution, nor the Southern attempts 
 to bring about a final and satisfactory settlement of the chronic 
 question, ended with this disposal of Congressman Wilmot s 
 measure. The issue was again raised when Congress took up 
 the matter of providing the necessary governments for the 
 newly-acquired territories of Oregon, California, and New 
 Mexico. 
 
 Oregon, the earliest of the new possessions to be acquired, 
 first claimed the attention of Congress. The troublesome situa 
 tion that developed out of the attempt to provide a territorial 
 government, for the benefit of our citizens residing there, resulted 
 from the action of the pro-slavery men. Southerners had no 
 reasonable grounds to hope that the institution of negro slavery 
 could ever exist in the territory ; they simply seized upon the 
 occasion offered them to force a settlement with the North. By 
 means of obstructive tactics they meant to prevent the organiza 
 tion of Oregon until some bargain could be driven, or some con 
 cession wrung, that would throw open to them the more desirable 
 regions of California and New Mexico to the southward. 1 
 
 President Polk showed a strong desire to have the territorial 
 organization provided for during his administration. In a spe 
 cial message to Congress, August 5, 1846, 2 transmitting a copy 
 of the convention ratified by the United States and England for 
 the settlement of the Oregon question, and in his annual message 
 of December 8 of that year, 3 he called attention to the necessity 
 of providing a territorial government. No action upon the part 
 
 1. Schurz, Henry Clay, Vol. II, p. 302. 
 
 2. Richardson, Messages and Papers, Vol. IV, pp. 457-458. 
 
 3. Ibid, p. 504. 
 
 23 
 
of Congress resulted, and in his annual message of December 7, 
 1847, 4 he again called attention to the matter, and expressed 
 regrets that the necessary steps had not been taken. On May 29, 
 1848, the President laid before Congress a memorial and papers, 
 transmitted by the Governor and Legislative Assembly of Ore 
 gon, a temporary form of government that the people had of 
 necessity been compelled to form for themselves in the absence 
 of action by Congress, asking the aid and protection of the 
 United States. The Indians of the region, it was pointed out, 
 had recently "raised the war whoop and crimsoned their toma 
 hawks in the blood of their citizens." Polk recommended that 
 laws be promptly passed establishing a territorial government. 5 
 
 Congress had not been wholly inactive in regard to the mat 
 ter, however. After several futile attempts in the same direction, 
 the House, January 16, 1847, passed a bill providing for a 
 territorial organization for Oregon, and excluding slavery by 
 repeating the restrictions of the Northwest Ordinance of 1787. 6 
 While it was under discussion, Burt, of South Carolina, offered 
 an amendment giving as a reason for the exclusion of slavery 
 the fact that the region lay north of the Missouri Compromise 
 line of 36 30 , but the North was not to be trapped into giving 
 up all of the public domain south of that line to the slaveholder, 
 and Burk s amendment failed by a vote of 113 to 82. 7 
 
 The House bill was tabled in the Senate. 8 The Congressional 
 situation in reference to it was much the same as that occasioned 
 by the consideration of the Proviso measure. The House, with 
 its strong majority of Northern men, could easily pass measures 
 for slavery exclusion. The real struggle took place in the Senate, 
 where the sections were more evenly represented. Debate was 
 long and heated, and it indicated the Southern purpose to pre 
 vent the organization of Oregon until the question of slavery 
 extension into the territory acquired from Mexico had first been 
 settled. It was in connection with this debate that Calhoun, 
 according to Benton, first made trial of his new doctrine of "no 
 power in Congress to abolish slavery in the territories." 9 Ben- 
 
 1. Kirh.-mlson, Messages and Papers, Vol. IV, p. 558. 
 
 5. Ibid, pp. 584-586. 
 
 6. Cong. Globe, 29 Cong., 2 Sess., p. 198. 
 
 7. Ibid, pp. 170, 187. 
 
 8. Ibid, p. 571. 
 
 9. Benton, Thirty Years View, Vol. II, p. 711. 
 
 24 
 
ton evidently refers to Calhoun s speech on the Oregon bill, 
 delivered in the Senate, June 27, 1848. 10 A few extracts from 
 this speech will make Calhoun s contention clear. In speaking 
 of the power of Congress over the territories, he said: "But, 
 while I deny . . . that Congress possesses absolute power over 
 the territories, I by no means deny that it has any power over 
 them. Such a denial would be idle on any occasion, but much 
 more so on this, when we are engaged in constituting a terri 
 torial government, without an objection being whispered from 
 any quarter against our right to do so." This power was de 
 rived from the right to acquire territories, and it was possessed 
 by "this Government, as the sole agent and representatives of 
 the United States that is, the States of the Union in their 
 Federal character." His definition of governments was as fol 
 lows : Governments, both Federal and State, are but agents, I 
 or, more properly, trustees, and, as such, possses, not absolute, 
 but subordinate and limited powers; for all powers possessed \ 
 by such governments must, from their nature, be trust powers, 
 and subject to all the restrictions to which that class of powers 
 are." 
 
 The class of restrictions most directly related to the subject 
 under discussion were "those imposed on the trustees by the 
 nature and character of the party, who constituted the trustees 
 and invested them with the trust powers to be exercised for its 
 benefit. In this case it is the United States, that is, the several\ 
 States of the Union. It was they who constituted the Govern-) 
 ment as their representative, or trustee, and intrusted it with 
 powers to be exercised for their common and joint benefit. To 
 them in their united character the territories belong, as is 
 expressly declared by the Constitution. They are joint and 
 common owners, regarded as property or land; and in thenv 
 severally, reside the dominion and sovereignty over them. They 
 are as much the territories of one State as another of Virginia 
 as of New York; of the Southern as the Northern States. . . . 
 Add to this the perfect equality of dignity, as well as of rights/, 
 which appertain to them as members of a common Federal 
 Union . . . and it must be manifest that Congress, in governing 
 the territories, can give no preference or advantage to one 
 
 10. Calhouii s Works, Vol. IV, pp. 479-512. 
 
 25 
 
State over another, without depriving the State or section 
 over which the preference is given, or from which the advantage 
 is withheld, of their clear and unquestionable right, and sub 
 verting the very foundation on which the Union and Government 
 rest." 
 
 As to how the question could be settled, Calhoun said: "It 
 can, in my opinion, be finally and permanently adjusted but 
 one way, and that is on the high principles of justice and the 
 Constitution . . . nor should the North fear that, by leaving it 
 where justice and the Constitution leave it, she should be ex 
 cluded from her full share of the territories. In my opinion, if 
 /it be left there, climate, soil, and other circumstances would fix 
 the line between the slaveholding and non-slaveholding States 
 in about 36 30 . It may zig-zag a little, to accommodate itself 
 to circumstances . . . but that would matter little, and would 
 be more satisfactory to all, and tend less to alienation between 
 the two great sections, than a rigid, straight, artificial line, 
 prescribed by an act of Congress." This theory of Congressional 
 power, based on the theory of State Sovereignty, speaks for 
 itself. Calhoun would keep the irritating question out of Con 
 gress. 
 
 Matters with regard to Oregon had reached a deadlock when 
 the proposed meeting of the anti-slavery people at Buffalo, 
 August 9, 1848, frightened members of Congress and hastened 
 action upon their part. 11 The Senate acted with energy. A spe 
 cial committee of eight members, with Clayton, of Delaware, as 
 chairman, was appointed to arrange a compromise. 12 On July 
 27, 1848, a bill reported by this committee passed the Senate. 13 
 It provided for the recognition of the provisional laws of Oregon 
 until an act of the Territorial Legislature should either allow 
 or prohibit slavery, and it also provided for the territorial 
 organization of California and New Mexico, withholding from 
 these Territorial Legislatures the right to take any action with 
 regard to slavery, but leaving the matter to be settled by a deci 
 sion of the Supreme Court. In the House, this bill was laid on 
 the table on motion of A. H. Stephens, of Georgia. 14 Stephens 
 
 11. Warden, Life of Chase, p. 319; Schurz, Henry Clay, Vol. II, pp. 312-313. 
 
 12. Cong. Globe, 30 Cong., 1 Sess., p. 932. 
 
 13. Ibid, p. 1002. 
 
 14. Ibid, p. 1007. 
 
 26 
 
but acted in the interests of his section, for, as he later explained, 
 the bill was a complete sacrifice of Southern claims, since the 
 Supreme Court would infallibly have to pronounce against the 
 claim that slavery was allowable solely by virtue of the Consti 
 tution. 15 
 
 The House then, August 2, passed a new bill providing for 
 the territorial organization of Oregon, excluding slavery by 
 including the restrictions of the Northwest Ordinance, as in the 
 one of January, 1847. 16 The South made one last effort to secure 
 more slave territory, when it was taken up in the Senate, by 
 adding an amendment providing for the extension of the Mis 
 souri Compromise line to the Pacific. 17 This the House refused 
 to concur in by a vote of 121 to 82. 18 After an all-night sitting, 
 the Senate finally gave way, and on Sunday morning, August 
 13, passed the House bill. 19 President Polk promptly signed the 
 measure, but sent a special message, August 14, to explain that 
 he approved it only because the region lay north of the proposed 
 westward extension of the Missouri Compromise line. 20 
 
 Congress had provided for a territorial government for 
 Oregon without in any way committing itself in a manner useful 
 to the South in its desire to carry the institution of negro slavery 
 into the region ceded to the United States by Mexico. No bar 
 gain had been driven with the North, and no concession had been 
 wrung. California and New Mexico were in the same relative 
 position in respect to organization that they were in previous 
 to the consideration of Oregon. As soon as they had been occu 
 pied by the military forces during the war, temporary govern 
 ments had been set up, under direction of the President, who 
 claimed authority to take such action by virtue of the power 
 that international law confers upon a conqueror. At the same 
 time, Polk recognized the inadequacy of military control, and 
 urged a more permanent form of organization. 21 On July 6, 
 
 15. Cleveland, A. H. Stephens in Public and Private, pp. 334-352. 
 
 16. Cong. Globe, 30 Cong., 1 Sess., p. 1027. 
 
 17. Ibid, p. 1061. 
 
 18. Ibid, pp. 1062-1063. 
 
 19. Ibid, p. 1078. 
 
 20. Richardson, Messages and Papers, Vol. IV, pp. 606-610. 
 
 21. Ibid, p. 638. 
 
 27 
 
1848, he transmitted a copy of the ratified treaty of Gaudalupe- 
 Hidalgo, and urged the necessity of forming territorial govern 
 ments for the new possessions. 22 In his last annual message, 
 December 5, 1848, he urged the matter, and recommended that 
 the Missouri Compromise line be extended to the Pacific, which 
 was his method of settling the slavery issue. As an alternative, 
 however, he suggested that the question relative to slavery might 
 be left to the judiciary 23 thus giving evidence of a faith in 
 Supreme Court decisions that was not shared with A. H. 
 Stephens, as we have already seen. Yet, in spite of all of his 
 efforts, President Polk did not succeed in settling the California 
 and New Mexico issues during his administration. 
 
 While the discussion of the territorial situation was going 
 on, other questions of a sectional nature arose, which made the 
 matter far more complex and difficult of settlement. On July 
 10, 1848, A. H. Stephens offered a set of resolutions requesting 
 information from the President as to the western limits of Texas. 
 Nine-tenths of the people of the country, he said, had under 
 stood the President s message of December, 1846, to claim the 
 Rio Grande boundary from mouth to source, but General Kear 
 ney, alleging authority from President Polk, had set up a terri 
 torial government with the capitol at Santa Fe. 24 Polk replied, 
 July 24, that the claim of Texas to the country east of the upper 
 Rio Grande was well founded, but that it had never been reduced 
 to occupancy, and that a temporary government had been set up 
 there because the Mexicans had been found in actual posses 
 sion. 25 This matter apparently attracted very little of the 
 attention of Congress at the time, but it was destined to play 
 a prominent part in later affairs. Other developments in the 
 House were regarded as of greater importance for the time being. 
 On motion of Root, of Ohio, December 13, 1848, the committee 
 on the territories was charged to bring in a bill, or bills, for the 
 organization of California and New Mexico, with instructions 
 to prohibit slavery. 26 Upon the same day, John G. Palfrey, of 
 
 22. Richardson, Messages and Papers, Vol. IV, pp. 587-593. 
 
 23. Ibid, pp. 639-642. 
 
 24. Cong. Globe, 30 Cong., 1 Sess., p. 910. 
 
 25. Richardson, Messages and Papers, Vol. IV, pp. 594-600. 
 U6. Cong. Globe, 30 Cong., 2 Sess., p. 39. 
 
 28 
 
Massachusetts, was refused permission to introduce a bill repeal 
 ing all legislation by Congress establishing or maintaining slavery 
 or the slave trade in the District of Columbia. 27 Gott, of New 
 York, succeeded in securing the adoption of a bill, December 
 21, instructing the committee on the District of Columbia to 
 bring in a bill prohibiting the slave trade in the District. 28 The 
 opposition, however, was able to bring about a reconsideration 
 of the bill, on January 10, 1849, and nothing more was heard 
 of it. While it was being reconsidered, Meade, of Virginia, 
 moved an amendment instructing the committee on the District 
 to report a bill to enable slave owners more effectually to recover 
 their slaves escaping from one State to another. 29 It was ruled 
 out of order, but its mere introduction was sufficient to make it 
 one of the most irritating and troublesome questions of the whole 
 controversy. Although only the measure introduced by Root 
 was permanent in its character, they were all, nevertheless, 
 seized upon by the South as grievances, and the various issues 
 thus raised were fought out about the territorial question as a 
 center. 
 
 As a result of these events, there occurred at Washington 
 an affair that attracted great attention throughout the country, 
 and revealed the height to which the slavery question had risen. 
 Members of Congress from the Southern States held a series of 
 evening meetings in the Senate chamber. As many as seventy 
 or eighty assembled at first, but, according to Benton, about one- 
 half attended to prevent mischief to the Union. 30 Calhoun wa^N 
 the leading spirit, his object being the furtherance of his plan \ 
 for Southern co-operation. 31 The first meeting was held upon-^" 
 the evening of December 23, 1848, and two subsequent ones were 
 held upon the evenings of January 15, and January 22, 1849. 
 At the first meeting, a special committee of fifteen was appointed, 
 with A. II. Stephens chairman. This committee met, December 
 30, and, on motion of Calhoun, a sub-committee of five was 
 appointed to prepare an address to the people of the South. At 
 the next committee meeting, January 13, Calhoun presented the 
 
 27. Cong. Globe, 30 Cong., 2 Sess., p. 38. 
 
 28. Ibid, p. 83. 
 
 29. Cong. Globe, 30 Cong., 2 Sess., p. 216. 
 
 30 Benton, Thirty Years View, Vol. II, p. 733. 
 ol. See Chapter 1, pp. 11-15. 
 
 2 9 
 
draft of an address, which was adopted, after some opposition, 
 principally on the part of Chapman, of Maryland. 
 
 At the second general meeting of the members it was voted 
 to exclude reporters, and the proceedings went on in secret. 
 Outside it was reported that Calhoun was resolved upon a dis 
 solution of the Union, and Washington awaited the result of the 
 evening conference in the greatest suspense. 32 Calhoun s address 
 was the matter under consideration. Southern Whigs, who had 
 taken part in the affair merely for the purpose of controlling pro 
 ceedings, opposed it at every step, and finally voted to re-commit 
 it to the committee without instructions. Their opposition was 
 due to the fact that they did not expect the Taylor administra 
 tion, which they had done so much to bring into power, would 
 permit any act at which it would be necessary to rebel; 33 and 
 when we consider that General Taylor was a native of Louisiana, 
 and an owner of slaves, their trust did not appear ill-founded. 
 Clayton, of Delaware, had actively opposed the measure, and A. 
 H. Stephens tried to bring an end to the proceedings by making 
 a motion to adjourn sine die. Upon the latter being decided in 
 the negative, Stephens, with Chapmen and Eusk, requested to be 
 excused from serving longer on the committee of fifteen, which 
 request was granted. Others were appointed to fill their places, 
 and the members adjourned to meet again on the evening of 
 January 22. 
 
 32. Life of Horace Mann, p. 273. 
 
 33. Robert Toombs wrote to Governor Crittenden of Kentucky, January 22, 1849, 
 upon the evening of which day the last general meeting of the Southern members was 
 held, as follows: "We have completely foiled Calhoun in his miserable attempt to 
 form a Southern party. We found a large number of our friends would go into the 
 wretched contrivance, and then determined it was best to go in ourselves and control 
 the movement, if possible. We had a regular flare up in the last meeting, and at the 
 call of Calhoun I told them that the Union of the South was neither possible nor 
 desirable until we were ready to dissolve the Union; that we certainly did not intend 
 1o advise the people now to look anywhere else than to their own Government for the 
 prevention of apprehended evils; that we did not expect an administration which we 
 had brought into power would do an act, or permit an act to be done, which it would 
 be necessary to rebel at . . .;that we intended to stand by the Government until it 
 committed an overt act of agression upon our rights, which neither we nor the country 
 ever expected to see. We then, by vote of forty-two to forty-four, voted to recommit 
 his report (we had before tried to kill it directly, but failed). We hear that the com 
 mittee have whittled it down to a weak milk-and-water address to the whole Union. 
 We are opposed to any address whatever, but the Democrats will probably outvote us 
 tonight and put forth the one reported, but it will have but two or three Whig 
 names." Coleman, Life of Crittenden, Vol. I, pp. 335-336. 
 
 30 
 
At the last general meeting of the members, an address, pre 
 pared by a sub-committee, of which Berrien, of Georgia, a Whig, 
 was chairman, was reported as a substitute for the Calhoun 
 measure. 34 It was an address to all of the people of the country, 
 instead of merely to the South, and, in place of the Calhoun 
 tone of challenge, it took the form of an urgent appeal to the 
 patriotism and spirit of fairness in the North. By a vote of 42 
 to 17, it was decided to issue the Calhoun address. Stephens 
 made a last desperate effort to prevent any address being issued, 
 but the attempt ended in failure. sr> 
 
 The address set forth that "we, whose names are hereunto 
 annexed, address you in the discharge of what we believe to be 
 a solemn duty on the most important subject ever presented for 
 your consideration." Then follows an allusion to the sectional 
 conflict growing out of a difference of feeling and opinion in 
 reference to the relation existing between the European and 
 African races in the Southern States. Purporting to give a 
 "clear, correct, but brief account of the whole series of aggres 
 sions and encroachments" on Southern rights, it outlined the 
 history of the conflict, mentioned the British experience with 
 emancipation in the West Indies as affording a very faint pic 
 ture of the calamities emancipation in the United States would 
 bring on the South, and it declared that emancipation "would 
 certainly take place unless prevented. The question, "What is 
 to be done to prevent it ? " was answered as follows : 
 
 "We, then, are of the opinion that the first and indispensable 
 step, without which everything may be, is to be united among 
 ourselves on this great and most vital question. ... If you 
 become united, and prove yourselves in earnest, the North will 
 be brought to a pause, and to a calculation of consequences ; and 
 that may lead to a change of measures, and to the adoption of 
 a course of policy that may quietly and peaceably terminate this 
 long conflict between the two sections. If it should not, nothing 
 would remain for you but to stand up immovably in defense of 
 rights involving all your property, prosperity, equality, liberty, 
 
 34. For the Berrien substitute see Niles Register, Vol. LXXV, pp. 101-104. 
 
 35. For an account of the proceedings of these Southern meetings see Niles Reg 
 ister, Vol. LXXIV, p. 401, Vol. LXXV, pp. 84-88; Republican Banner (Nashville, 
 Tenn.) for February 7 and 9, 1849. Authorities differ in regard to the vote on the 
 Calhoun address. Niles gives it as 42 to 17. 
 
 31 
 
and safety. As the assailed, you would stand justified by all 
 laws, human and divine, in repelling a blow so dangerous, with 
 out looking to consequences, and to resort to all means necessary 
 for that purpose. . . . Entertaining these opinions, we earnestly 
 entreat you to be united, and for that purpose adopt all neces 
 sary measures. Beyond this, we think it would not be proper 
 to go at present." 36 
 
 / Calhoun s object was to unite the South and prepare her 
 people to meet and repel forever the aggressions of the North. 
 Convinced that the time had come for them to vindicate their 
 rights, rather than yield an inch he was prepared to take any 
 alternative, even if it should be disunion, and he trusted that 
 such would be the determination of the South. 37 He was of the 
 impression that the time was near at hand when the South 
 would have to choose between disunion and submission ; in order 
 to prevent which it was necessary "for the South to present 
 with an unbroken front to the North the alternative of dissolving 
 the partnership or of ceasing on their part to violate our rights 
 and to disregard the stipulations of the Constitution in our 
 favor; and that without delay." In order to present such a 
 front, he recommended that a Southern Rights convention, about 
 to assemble in Columbia, South Carolina, call a convention of 
 the Southern States. If such a presentation should fail to save 
 the Union, "it would afford prooT conclusive that it could not 
 be saved, and that nothing was left us but to save ourselves," 
 wrote Calhoun. 38 Here, again, we are confronted with the scheme 
 of a convention of the Southern States for the purpose of bring 
 ing about united action upon the part of the slaveholding sec 
 tion. It had been carefully nourished by Calhoun ever since the 
 inception of the struggle relative to slavery in the territories, 
 and to its accomplishment he bent every energy. It was the one 
 absorbing topic of his mind. 
 
 He did rightly in looking to his own State for initial action, 
 for it was the only Southern State sufficiently permeated with 
 his own ideas to take the step. "Let South Carolina hold back 
 
 36. For the address see Niles Register, Vol. LXXV, pp. 84-88; Benton, Thirty 
 View, Vol. II, p. 734. 
 
 37. Calhoun to Hammond, February 14, 1849, Calhoun Correspondence, pp. 
 762-763. 
 
 88. Calhoun to John H. Means of South Carolina, April 13, 1849; Ibid, pp. 
 764-766. 
 
 3 2 
 
a little, until her more slothful sisters can be equally well 
 instructed in their rights and duty under the present emer 
 gency," wrote Hilliard M. Judge, of Alabama, to Calhoun. 
 This delay, he explained, was not so necessary for Alabama as 
 for the Western States, "for, next to South Carolina, Alabama 
 is better prepared for resistance than any other Southern State. 
 The southern part of the State had responded most emphatically 
 to the "Southern Address," but northern Alabama was much 
 less interested; he thought it would follow the lead of the 
 southern portion, however. Judge Goldthwaite was arousing 
 public attention to the question by charging the grand juries 
 in his circuit in an able manner upon the subject a method 
 said to have a most admirable effect upon the ignorant portion 
 of the people under color of the Judge s authority. The great 
 difficulty was "to make the masses see beyond their noses they 
 do not see and feel that the necessary consequence of allowing 
 all the outposts of slavery to be carried involves a certain 
 destruction of the citadel itself." 39 
 
 Another Calhoun supporter reported the results of his obser 
 vations south and west. The people of Georgia of both great 
 political parties were said to be up to the mark and ready to 
 act, but might not take the lead. Florida was reported * right. 
 All of the Southern cities, on account of the infusion of North 
 erners and foreigners, were daily becoming more unsound and 
 uncertain, and their influence was spreading to the interior. 
 Louisiana, in his opinion, would be the last State to strike for 
 the defense of the South. The Creoles could not be made to 
 comprehend their danger until their negroes were being taken 
 out of the fields. New Orleans was practically free soil ; the 
 laborers and draymen of the city were all white and foreigners, 
 and they would mob or kill a negro before they would let him 
 drive a dray. The steamboats were employing white servants, 
 and the issue of free labor against slave labor would soon be 
 made at the South. Furthermore, a feeling was said to be preva 
 lent in the State that, by restricting slavery to its present bounds, 
 the lands and slaves of Louisiana would be enhanced in value. 40 
 The substance of this letter is given merely as part evidence 
 
 39. Calhoun Correspondence, pp. 1195-1197. 
 
 40. H. W. Connor to Calhoun, January 12, 1849, Calhoun Correspondence, pp. 
 1188-1190. 
 
 33 
 
that Calhoun had a number of able lieutenants through whose 
 correspondence he kept in close touch with the Southern popular 
 pulse. 
 
 Herschel V. Johnson wrote from Milledgeville, Georgia, July 
 
 20, 1849, that, notwithstanding favorable demonstrations, he 
 
 entertained gloomy forebodings, for "I seriously fear that the 
 
 people of the South are not properly awake to the danger, not 
 
 thoroughly nerved to united resistance." 41 All of these letters 
 
 / emphasize the fact that the great problem before Calhoun and 
 
 his followers w r as to arouse the masses to action, and bring them 
 
 into line with the leaders. We are free to conclude that they 
 
 spared no efforts in their purpose to do so. 
 
 Yet, all in all, events were progressing in a way calculated to 
 bring joy to the hearts of Calhoun and his followers. Two days 
 before the adoption of the "Southern Address," the Virginia 
 Assembly, spurred to action by unfavorable reports concerning 
 matters in Congress touching Southern interests, adopted resolu 
 tions denying that Congress had any power over slavery; de 
 claring for equality of rights in the territories; recommending 
 concerted action upon the part of the slaveholding States, in 
 case the Proviso should pass; declaring that laws abolishing 
 slavery, or the slave trade, in the District of Columbia would be 
 resisted at every hazard; and requesting the Governor, in case 
 either of the above-mentioned measures should pass Congress, to 
 convene the Legislature of the State in special session for the 
 purpose of considering the mode and measures of redress. 42 
 
 These resolutions were adopted by the Democratic State 
 Convention of Georgia ; 43 they were approved at public meetings 
 held all over the South, 44 and they made a great impression at 
 the North. 45 All, or nearly all, of the Southern States passed 
 Similar ones, 46 for all felt the seriousness of the danger that 
 threatened from the North. Those of North Carolina, passed 
 on the same day as those of Virginia, protested against the 
 aggressions of the North upon the rights of slaveholders, and 
 
 41. Calhoun Correspondence, pp. 1197-1199. 
 
 42. This act was passed January 20, 1849. Acts of Assembly, 1848-1849, pp. 
 257-258. 
 
 43. Calhoun Correspondence, p. 1198. 
 
 44. Rhodes, History of the United States, Vol. I, p. 105. 
 
 45. Calhoun Correspondence, p. 762. 
 
 46. Ames, State Documents on Federal Relations, No. 6, p. 3. 
 
 34 
 
against the recent proceedings in Congress, but at the same 
 time they expressed a purpose to "repel indignantly every at 
 tempt to alienate any portion of our country from the rest, or 
 to enfeeble the sacred ties which now link together the various 
 parts." 47 
 
 Impelled by the growing indignation against the North, the 
 Virginia Legislature, on February 7, 1849, adopted a resolution 
 requesting their Senators and Representatives in Congress to 
 use their earnest and persevering efforts to have the Fugitive 
 Slave Act of 1793 so amended that it would give to slave owners 
 the rights guaranteed them by the Constitution of the United 
 States. 48 By February 12 it was so far committed to Calhoun s 
 plan that resolutions were adopted authorizing and requesting 
 the Governor to issue a call for the election of delegates to a 
 State convention, which should be given power to appoint dele 
 gates to a Southern convention, in case the Proviso, or the bil] 
 abolishing slavery in the District of Columbia, should pass Con 
 gress. 49 In spite of these open demonstrations of a set purpose 
 upon the part of the Legislature, it was confidently asserted by 
 one of Calhoun s followers that, "should the Wilmot Proviso 
 be passed, nay, should Congress next proceed to abolish slavery 
 in the District, and the trade between the States . . . Virginia, 
 after a few patriotic groans, will submit. She is already deeply 
 infected with the spirit of abolitionism, much more deeply than 
 most persons think, and I have no doubt our leaders who, for 
 the most part, are mere pensioners of the Federal Government 
 . . . will take advantage of the circumstances to make such com 
 promises as they have made heretofore." The result of the last 
 election, he stated, afforded no fair criterion of popular senti 
 ment, except in some portions east of the mountains. When the 
 occasion called for the decisive action, * South Carolina will have 
 to look to the States further south for support." 50 
 
 As a matter of fact, there was strong opposition to the instik 
 tution of negro slavery in the border States. Owing to the ; 
 unprofitableness of this species of labor there, there was a dis- 
 
 47. Laws of North Carolina, 1848-1849, pp. 237-239. 
 
 48. Acts of Assembly (Extra and Regular Session), 1849-1850, pp. 240-254. 
 
 49. Ibid, pp. 233-234. 
 
 50. R. K. Cralle to Calhoun, July 25, 1849, Calhoun Correspondence, pp. 1199- 
 1202. 
 
 35 
 
position upon the part of slave owners to sell their slaves to the 
 planters in the States farther south, and eventually to abolish 
 the system. 51 This caused great alarm in the cotton States. 
 There it was feared that, after disposing of their negroes, and 
 receiving their money in payment, they would join forces with 
 the Abolitionists in an effort to abolish slavery from the coun 
 try. 52 To check and anticipate their danger, it was proposed to 
 forbid the introduction of negroes from the border States, and 
 in this way retain those States as allies by forcing them to keep 
 their slaves, and thus have a common interest with the lower 
 South in the preservation of the institution. 53 . There were the 
 best of reasons for carrying out this suggestion, since the north 
 ern States of the South were reputed to comprise over half of 
 the political strength of the slave States. 54 Movements were set 
 on foot in Mississippi, 55 and in Georgia, 56 for its execution, but 
 the activity of the Abolitionists had checked the emancipation 
 movement to a great extent, 57 and it is doubtful if such action 
 was necessary. 
 
 In Kentucky the movement towards freeing the negroes was 
 more marked than in any of the States of the border a move 
 ment that awakened genuine feelings of alarm in Tennessee, 
 since it threatened the removal of the bulwarks between the 
 latter and ultra-abolitionism. 58 Henry Clay was one of its most 
 influential advocates. In a letter to Richard Tindell, February 
 17, 1849, Clay outlined a plan for gradual emancipation that 
 was intended to influence a convention about to assemble for the 
 purpose of revising the State Constitution. 59 He had little con 
 fidence in any hopes of success, however, for the agitation North 
 and South had produced a strong anti-emancipation feeling in 
 the State. A people s meeting, held in Trimble County, re 
 quested him to resign his office as Senator, on account of the 
 
 51. De Bow s Review, Vol. XI, p. 618. 
 
 52. Niles Register, Vol. LXXV, pp. 187-188. 
 
 53. De Bow s Review, Vol. XI, p. 618. 
 
 54. Niles Register, Vol. LXXV, pp. 187-188. 
 
 55. Ibid, p. 97. 
 
 56. Republican Banner, February 26, 1849. 
 
 57. De Bow s Review, Vol. XI, p. 618. 
 
 58. Republican Banner, February 26, 1849. It was declared that the matter was 
 in advance of all party questions. 
 
 BO. See Public Correspondence in Colton, Last Seven Years of Henry Clay, pp. 
 346-352. 
 
 36 
 
sentiments expressed in his Tindell letter. 60 A convention, made 
 up of friends of constitutional reform had already met at Frank 
 fort, February 5, and adopted resolutions to the effect that it 
 was inexpedient to alter the existing relation between master 
 and slave. 61 The friends of emancipation also held a convention 
 in the same city, on April 25. One hundred and fifty-six dele 
 gates were present, representing twenty-four counties. Henry 
 Clay was chairman. Resolutions were adopted setting forth 
 that no attempt ought to be made then, or at any time, to set 
 slaves free by compulsory emancipation, without first compen 
 sating the owners, but that the* movement ought to begin with 
 those born after the beginning of the scheme, and those set free 
 removed from the State as soon as liberated. 62 
 
 The Constitutional Convention, when it met, not only did 1 
 not provide for emancipation, but it inserted a clause in the j 
 revised instrument denying to the General Assembly the power 
 to pass laws for freeing the slaves, without the consent of their 
 owners, or without paying to owners, previous to such emancipa 
 tion, a full equivalent in money. It also provided for their 
 removal from the State as soon as set free. A free negro, or 
 mulatto, thereafter immigrating, or refusing to leave the State, 
 or having left and returned, was to be guilty of felony, in the 
 prosecution for which a grand jury was not necessary. 63 It thus 
 appears that one of the great difficulties in the way of emancipa 
 tion in Kentucky was the problem of how to dispose of the freed 
 negro; but, had that problem been solved, it is doubtful if the 
 work could have been accomplished in the year 1849. 
 
 In Tennessee we have the whole Southern situation, outside 
 of South Carolina, re-enacted upon a small scale. The Demo 
 crats, under the spurrings of certain leaders, were taking ground 
 closely approximating the standard held up by Calhouri. There, 
 as elsewhere in the South, the Whigs, looking forward with high 
 hopes to the approaching Taylor administration, held up the 
 
 60. Niles Register, Vol. LXXV, p. 384. 
 
 61. Ibid, p. 122. 
 
 62. Ibid, p. 301. 
 
 63. Report of the Debates and Proceedings of the Convention for, the Revision of 
 the Constitiition of the State of Kentucky, 1849, pp. 1100-1101. 
 
 37 
 
restraining hand. 64 The Democratic State Convention, which 
 met at Memphis, adopted a series of resolutions; one of which, 
 the so-called Coe resolution, and which evidently had the in 
 fluence of Calhoun back of it, recommended to the people and 
 Legislatures of the South, that they discontinue commercial rela 
 tions with the North and foster direct trade with Southern 
 ports, "by all constitutional means within their power," if 
 the North committed further aggressions upon their rights by 
 enforcing the Wilmot Proviso, or kindred measures. The con 
 stitutionality of this method of procedure was, rightly enough, 
 questioned by the Whig press, 65 and it was openly charged that 
 a few of the Democratic leaders were trying to take advanced 
 ground under the leadership of Mr. Calhoun. Moreover, it was 
 declared that the "drill sergeants" of that party, who, as the 
 recent events plainly showed, did not recognize his leadership, 
 and who were trying to make the Whigs of the South follow the 
 South Carolina clique, had a heavy task before them to first 
 whip into line the able and refractory men of their own party. 66 
 They, however, did not hesitate to say that they were ready to 
 unite with the people of the Southern States in resisting aggres 
 sions upon their rights, but "the people" they in nowise regarded 
 as tied to the measures of a few of the Democratic leaders. 67 
 The Whigs of Tennessee had correctly analyzed the political 
 situation. 
 
 The course of events in Missouri resulted in the retirement 
 of Thomas H. Benton from the United States Senate. Although 
 a Southerner, Benton had taken a position on the question of 
 slavery expansion in accord with some of the more conservative 
 men of the North. Ever since he had supported and defended 
 
 63. The Daily Center-State American, citing the Augusta Constitutional (Georgia) 
 in comment on opposition to the stand taken by South Carolina, states: "The glory 
 of these assaults is monopolized solely by the Whig press of the South, and only a few 
 of these have been ardent competitors as to which should say the bitterest things." 
 
 65. The Republican Banner, May 17, 1849, thus comments: "Let us see, now, 
 what all this means! The Constitution expressly reserves to the General Government 
 the power to regulate commerce among the several States. And, yet, here is a measure 
 proposed by a prominent member of the Democratic party, wnich looks to an act 
 plainly unconstitutional. ... It calls upon the Legislature to do by constitutional 
 means that which, according to the Constitution of the United States, these bodies 
 have no right to do at all! Put the best construction upon the Resolution possible, 
 and it is merely a wretched farce!" 
 
 66. The Democratic party at the South threatened to split over the issue as ithad 
 done at the North. Democratic Review, Sept. 1849. 
 
 67. Republican Banner, March 29. 1849. 
 
 38 
 
President Jackson in his policy towards nullification in South 
 Carolina, he had been a personal enemy of Calhoun; he had 
 taken a prominent part in defeating the latter s plans for the 
 immediate annexation of Texas in 1844 ; and, now, in the present 
 controversy, he freely charged that Calhoun and his followers 
 were plotting a dissolution of the Union. 68 Because of his atti 
 tude in regard to Texas annexation in 1844, the Missouri fol 
 lowers of Calhoun at that time, urged on by influences outside of 
 the State, tried to oust him from the Senate, and, incidentally, 
 to deprive him of his control over Missouri politics, but unsuc 
 cessfully. A State Legislature, in which his followers held con 
 trol, triumphantly re-elected him in 1845. After this, his enemies 
 in the State joined the pro-slavery, or Calhoun, wing of the 
 Democratic party, and, getting control of the Legislature in 
 December, 1848, they adopted a set of resolutions condemning 
 the Wilmot Proviso, and instructing their Senators and Repre 
 sentatives in Congress as to what course to pursue. 69 These reso 
 lutions were read in the United States Senate, January 3, 1849, 
 by David R. Atkinson, 70 Benton s colleague, and a strong Cal 
 houn supporter. Imagining that he saw the influence of Calhoun 
 back of these resolutions, and interpreting the instructions in 
 the light of reflections cast upon the course he had pursued in 
 Congress, 71 Benton determined to disregard the latter, and make 
 a direct appeal to the people for the purpose of vindicating his 
 conduct. 
 
 Accordingly, after Congress had adjourned, he issued, May 
 9, 1849, an "Appeal" 72 to the people of Missouri, which he fol 
 lowed up by an energetic campaign through the State preceding 
 the election of the next Legislature, to which would fall the duty 
 of choosing a United States Senator, as his term of office was 
 
 68. "You see that Benton has openly deserted, and that he pours out his venom 
 against me. I am averse to touching him, and, if his aim had been against me 
 exclusively, I would not notice him. But such is not the fact. He strikes at the 
 South and its cause through me; and I have concluded to repel his attack against 
 myself, to the extent that it is necessary to repel it against the South." Calhoun to 
 Andrew Pickens Calhoun, June 23, 1849, Calhoun Correspondence, p. 768. 
 
 69. Laws of Missouri, 1848-1849, p. 667. 
 
 70. Cong. Globe, 31 Cong., 1 Sess., pp. 97-98. 
 
 71. P. O. Ray, The Repeal of the Missouri Compromise, p. 41. Mr. Ray writes 
 that no more significance would have attached to these resolutions than to similar ones 
 aimed against the Wilmot Proviso in other States had it not been for Benton s 
 extraordinary course in relation to them. 
 
 72. For the "Appeal" see Niles Register, Vol. LXXV, p. 332. 
 
 39 
 
about to expire. The excitement was intense, since the campaign 
 was of such a nature that everyone felt called upon to take sides. 
 It spread to the Whigs, who, in consequence, divided into Benton 
 and anti-Benton factions. The legislative resolutions, known, 
 from their author, as the Jackson resolutions, and Benton s 
 "Appeal" formed the platforms of the radicals and conserva 
 tives, respectively. Benton was denounced for his refusal to 
 obey the legislative instructions; and he, in characteristic Ben- 
 ton fashion, enlarged upon the charges made in his appeal to 
 the people, and denounced his enemies as followers of Calhoun, 
 who were plotting his downfall, and the dissolution of the Union. 
 The campaign was exceedingly acrimonious. 
 
 The Legislature elected was so evenly divided between the 
 Benton, anti-Benton and Whigs, that no one faction could com 
 mand a sufficient majority to elect a Senator. Balloting went 
 on from January 10 to January 22, 1851. Excitement ran high. 
 Finally, the Whigs, who held the balance of power in the Legis 
 lature, were able to profit by the Democratic warfare, and, by 
 winning a few votes from each of the other factions, they suc 
 ceeded in electing one of their own party, Henry S. Geyer, of 
 St. Louis. Benton soon after organized his followers in a bolt 
 from the regular Democratic organization, ran as an independent 
 candidate in the First Congressional District of Missouri, and 
 was elected to the United States House of Representatives. 73 
 
 The feeling at the North became more and more pronounced 
 as time went on. There, as at the South, the tendency towards 
 party cleavage was manifested in the presence of the issue that 
 was more a question between sections than between parties, in 
 spite of the efforts of politicians to make it appear a party 
 matter. After the election of 1848, Northern Democrats were 
 inclined to unite upon the subject of slavery exclusion from the 
 territories. In Ohio, the Regulars and the Independents, those 
 Democrats who had supported Van Buren in 1848, united and 
 elected Salmon P. Chase, a man holding extreme anti-slavery 
 views, to the United States Senate, where he took his seat in 
 March, 1849. 74 At about the same time the Whigs of New York 
 sent William H. Seward to the Senate. 75 The selection of these 
 
 73. P. O. Rav. The Repeal of the Missouri Compromise. Chs. I and II. 
 
 74. Warden, Life of Chase, p. 336. 
 
 75. Seward entered the Senate at the time Taylor was inaugurated. Seward s 
 Works, Vol. Ill, pp. 414-416. 
 
 40 
 
two men was significant of the altered state of public opinion at 
 the North. Both were leaders in a new movement that was 
 rapidly taking shape ; both were opposed to any compromise with 
 the South; and they were disciples of John Quincy Adams, 76 
 who saw more clearly than any other statesman at the North 
 what Calhoun at the South saw, that a compromise would merely 
 put off, and not decide, the question. They were striving to 
 accomplish at the North exactly what Calhoun was trying to do- 
 at the South : namely, force the issue to a settlement. They 
 were men of a new school of statesmanship, who were destined 
 to cause a new era in the history of the nation. 
 
 The Legislatures of all of the Northern States, except Iowa, 
 passed resolutions either declaring that Congress had the power 
 to prohibit slavery in the territories, as if in answer to those of 
 the Southern States denying the right, or requesting their Repre 
 sentatives and instructing their Senators to use their utmost 
 efforts to bring about the abolition of slavery, or the slave trade, 
 in the District of Columbia. 77 In Iowa similar resolutions 
 passed the Senate, but failed in the House. 78 When we consider 
 the fact that some of these resolutions were passed by Whig 
 Legislatures, and others by Legislatures in which the Democrats 
 were in the majority, 79 we gain an idea of the weakness of 
 party lines. 
 
 Everywhere new forces were taking shape, and new leaders 
 were coming to the front. There was great activity among the 
 Free-Soilers. At one of their conventions, held at Worcester, 
 Massachusetts, Charles Sumner first became prominent as a 
 national leader in the anti-slavery campaign. 80 The Free- 
 Soilers of Ohio celebrated the passage of the Ordinance of 1787 
 at the city of Cleveland, July 13, 1849. Henry Clay, who had 
 evidently increased his popularity with them by his advocacy of 
 emancipation in Kentucky, was invited to attend and address 
 the gathering, but he declined, probably, as one of the news 
 papers suggested, because he considered it ill-timed and likely 
 to increase the prevailing excitement. 81 
 
 76. Ford, The Campaign of 1844, in Proceedings of the Amer. Antiq. Soc., Vol. 
 XX, p. 125. 
 
 77. New York Tribune, October 24, 1849. 
 
 78. Niles Register, Vol. LXXV, p. 113. 
 
 79. Ibid, pp. 190, 239, 399. 
 
 80. Lester, Life and Public Services of Charles Sumner, p. 67. 
 
 81. National Intelligencer (Daily), July 21, 1849. 
 
 41 
 
CHAPTER III. 
 
 THE CONGRESSIONAL ADOPTION OF CLAY S 
 COMPROMISE. 
 
 The intrusion of the slavery question into national politics 
 prevented the organization of California and New Mexico during 
 the years 1848 and 1849. The inhabitants of those territories, 
 feeling the need of more efficient governments than were afforded 
 by President Polk s military organizations, and becoming impa 
 tient over the inactivity of Congress in their behalf, proceeded 
 to take matters into their own hands. We shall first consider 
 the situation in California, where the accidental discovery of 
 gold resulted in a rapid increase in population, and exerted a 
 powerful influence upon the people s effort for political relief. 
 
 Dissatisfaction with the military government began soon 
 after the arrival of the overland emigrants in 1847. The people 
 disliked taxation without representation, and a business depres 
 sion added to the feeling of unrest. The discovery of gold in 
 creased the difficulties. Towns were deserted for the mines, and 
 industrial pursuits ceased in many places. Immigrants poured 
 in from Oregon, Mexico, and the Sandwich Islands. As news of 
 the discovery spread over the world, thousands disposed of their 
 property, and sought fortunes in California. The arrival of all 
 sorts and conditions of people naturally resulted in much dis 
 order and lawlessness. Murders, highway robberies, and other 
 outrages, in various parts of the country, forced the inhabitants, 
 in the absence of Congressional action, and by reason of the 
 inaction of the military Governor, Colonel Mason, to take mat 
 ters into their own hands. This they did in characteristic fron 
 tier fashion by applying the principles of "Lynch Law" to the 
 offenders; but such methods did not meet with approval among 
 a people naturally inclined to respect the law. 
 
 Many thought that it was the duty of Colonel Mason to call 
 a convention, for the purpose of drawing up a provisional terri 
 torial government, at the time peace was declared with Mexico, 
 and when he neglected to do so the dissatisfaction grew. The 
 public mind was quieted during the summer and fall of 1848, 
 however, by the hope that Congress would provide the necessary 
 
 42 
 
organization. The hope proving vain, and no immediate relief 
 being promised them, the people themselves decided upon the 
 formation of a provisional government. A large public meeting, 
 held in San Jose, December 11, 1849, unanimously adopted a 
 resolution recommending the formation of a provisional govern 
 ment, to remain in force until Congress should act, and the 
 proceedings, published and circulated, met with approval in the 
 northern and middle sections of the territory. Similar meetings 
 at San Francisco, Sacramento, Sonoma, and Monterey, held 
 during the months of December and January, endorsed the action 
 taken at San Jose, and elected delegates to attend a convention 
 for the purpose. At this point of the proceedings the move 
 ment was checked by two occurrences: the severe winter rains 
 rendered the roads impassible and prevented communication, 
 and news was received from Washington to the effect that Con 
 gress would not adjourn until a government had been provided 
 for the territory. 
 
 The arrival of the steamship Edith, May 28, 1849, with the 
 news that Congress had again adjourned without providing the 
 much-desired government, decided the people to delay no longer. 
 At the beginning of June, the so-called Legislative Assembly of 
 San Francisco issued an address to the people of California, 
 recommending that at least twelve delegates be elected to attend 
 a general convention at San Jose on August 3. In place of a 
 provisional government, as recommended by the San Jose meet 
 ing, the San Francisco address proposed the formation of a 
 temporary State government, to be put into operation at the 
 earliest practicable moment, after it had been ratified by the 
 people, and to become a permanent State government when the 
 territory was admitted to the Union. This recommendation met 
 with general approval. 1 
 
 Without any knowledge of the proceedings at San Francisco, 
 General Bennett Riley, who succeeded Colonel Mason as military 
 Governor of California, issued from Monterey, June 3, 1849, a 
 proclamation calling a convention of the people to meet at that 
 place September 1, 1849, for the purpose of forming a State 
 
 1. Memorial of Senators and Representatives Elect from California asking Ad 
 mission into the Union. House Misc. Doc., No. 44, 31 Cong., 1 Sess., 1849-1850, 
 pp. 1-8. In the following pages this document will be referred to as the "Memorial 
 of Senators and Representatives." 
 
 43 
 
Constitution. General Riley had made a close study of the 
 political situation in the territory, which soon convinced him 
 that, as a matter of self-preservation, the people would be forced 
 to take matters into their own hands unless Congress made early 
 provision for them. Accordingly, he had drawn up his procla 
 mation beforehand, and awaited news from Washington before 
 proceeding further in the matter; but news of the continued 
 inactivity at the seat of government, brought by the steamer 
 Edith, determined him, and he at once issued the call. 2 
 
 A meeting at San Jose, June 7, concurred in the call issued 
 by General Riley, and similar gatherings held all over the terri 
 tory endorsed it. The people of San Francisco were at first 
 inclined to question the military Governor s authority, but, 
 owing to the press of circumstances, they recommended co 
 operation. The election of delegates took place on August I. 3 
 
 Upon the appointed day, September 1, 1849, the delegates 
 met in convention at Monterey, but, a quorum not being present, 
 they adjourned to September 3. Eight of the forty-eight mem 
 bers were natives of California who spoke the Spanish language. 
 Twenty-three were natives of free States, and fourteen of slave 
 States. Very few books of reference were available for the use 
 of the delegates, but copies of the recently-framed Constitutions 
 of New York and Iowa had been procured. Party affiliations 
 played no part in the proceedings. 4 In the Constitution drawn 
 up by this body, the section in the Bill of Rights providing that 
 "Neither slavery nor involuntary servitude, unless for the 
 punishment of crimes, shall ever be tolerated in this State," was 
 adopted unanimously. 5 This may strike one as rather strange, 
 considering the number of Southern men in the convention, but 
 the fact is that there was general opposition in the territory to 
 competition with cheap labor an opposition that was more 
 marked after the discovery of the mines than before. 6 The 
 question of boundaries for the new State claimed much atten- 
 
 2. Willey, The Transition Period of California, pp. 83-88. In the following pages 
 this work will be referred to as "Willey, Transition Period." 
 
 3. Memorial of Senators and Representatives, p. 9. 
 
 4. Willey, Transition Period, pp. 92-94 ; Bancroft, California, Vol. XXIII, p. 288 
 
 5. Memorial of Senators and Representatives, p. 10; Willey, Transition Period, 
 p. 97; Bancroft, California, Vol. XXIII, p. 290. 
 
 6. Memorial of Senators and Representatives, p. 10 ; Willey, Transition Period, 
 p. 133. 
 
 44 
 
tion from the delegates. General Riley s proclamation embraced 
 only the territory west of the Sierra Nevada Mountains, 7 but 
 many were in favor of a more eastern boundary. 8 The Sierra 
 Nevada line was finally adopted as being the more natural eastern 
 limit. 9 It is interesting to note that those who argued for the 
 larger boundary sought to settle the slavery controversy by in 
 cluding the territory in dispute, and thus leaving to Congress 
 simply the matter of admitting the new State to the Union. 10 
 Since the larger number who voted for the larger boundary were 
 men from the free States, the often-repeated charge that the 
 pro-slavery members hoped to eventually secure an additional 
 State for the South by making California so large that it would 
 subsequently have to be divided, seems to be without foundation. 
 Nothing was said during the debate to arouse even a suspicion 
 of such a hope upon their part. 11 
 
 The Constitution, printed in English and Spanish, was sub 
 mitted to the people December 13, 1849. In all, 15,000 votes 
 were polled; 2061 for, and 811 against the printer failed to 
 print the words "for the Constitution" on many of the ballots, 
 which also contained the names of candidates for State offices, 
 and they were blanks in consequence. 12 A large proportion of 
 those who voted in favor of the Constitution were recent immi 
 grants from slave States. 13 The newly-elected Legislature met 
 at San Jose, the selected capitol, December 15, 1849, and elected 
 Senators to Congress. General Riley, by proclamation, soon 
 after delivered the government into the hands of the State offi 
 cials. 14 Upon the Senators and Representatives elect proceeding 
 to Washington, and, being refused admission to Congress, they 
 drew up their memorial in order to set forth the true state of 
 affairs in California. 
 
 In New Mexico the absence of a sufficient population pre 
 vented the formation of a State government, but an attempt was 
 
 7. Willey, Transition Period, p. 101. 
 
 8. Ibid, p. 98. 
 
 9. Ibid, p. 122. 
 
 10. Ibid, p. 108. 
 
 11. Memorial of Senators and Representatives, p. 10; Willey, Transition Period, 
 pp. 104-105. 
 
 12. Memorial of Senators and Representatives, p. 14. 
 
 13. The Memorial states two-thirds, p. 10; Willey s estimate is three-fifths. See 
 Transition Period, p. 133. 
 
 14. Memorial of Senators and Representatives, p. 14. 
 
 45 
 
made to stir Congress to action. A convention, called in con 
 formity with a proclamation issued by Acting- Governor Lieu 
 tenant-Colonel Bell met at Santa Fe, September 24, 1849. 
 Resolutions were adopted, plans for a territorial government 
 were drawn up, and a delegate was elected to represent them in 
 Congress. The resolutions, which set forth their chief grievances, 
 complained that for three years the people had suffered under a 
 military government so inefficient that business had been para 
 lyzed; that they had not been properly protected from the 
 Indians; that there was no way to provide for the education of 
 their children; and they prayed Congress for the organization 
 of an effective territorial government. Congress was asked to 
 provide for clauses in the territorial Constitution guaranteeing 
 protection to Catholics, and securing the "compliance with con 
 tracts between master and servant, according to the intent of all 
 parties." Boundaries for the territory w T ere suggested as fol 
 lows : Indian Territory on the north, California on the west, 
 the boundary line between the United States and Mexico on the 
 South, and the State of Texas on the east limits by no means 
 definite when we consider that the eastern extent of California 
 and the western boundary of Texas were then undetermined. 
 For the better protection of the territory, a permanent establish 
 ment of troops was recommended; one regiment to be raised, 
 organized, and officered within the territory. 15 
 
 Such was the political situation in California and New 
 Mexico when the thirty-first Congress met, on the first Monday 
 in December, 1849 ; but, owing to the lack of more rapid means 
 of communication, no news of the proceedings had been received 
 in Washington. So far as the people of California were con- 
 /cerned, the question relative to the introduction of negro slavery 
 into their midst had already been settled, but before their Sena 
 tors and Representatives were admitted to their respective 
 Houses of Congress the sectional controversy had to run its 
 course. 
 
 Just as soon as Congress met, the struggle was renewed over 
 the election of a Speaker in the House of Representatives. The 
 
 15. Journal and Proceedings of a Convention of Delegates Elected by the People 
 of New Mexico, Santa Fe, September 24, 1849, Presenting a Plan for a Civil Govern 
 ment and Asking Congress to Take Action. House Misc. Doc., No. 39, 31 Cong., 1 
 
 Sess., 1849-1850. 
 
 46 
 
Whigs and Democrats were so equally divided in that branch 
 of the National Government that thirteen Free Soil members 
 held the balance of power, and they repeatedly used their advan 
 tage to prevent the election of either the Whig candidate, Robert 
 C. Winthrop, of Massachusetts, or the Democratic candidate, 
 Howell Cobb, of Georgia. Balloting went on for three weeks, 
 amid great disorder. At one time W. J. Brown, a Democrat 
 from Indiana, was about to be elected, when it was discovered 
 that he had pledged himself, in case he was elected, to make up 
 the committees in accordance with the wishes of Mr. Wilmot and 
 his friends. This angered Southern members, and threats of 
 disunion were uttered in the course of the debate that followed. 
 Robert Toombs and A. H. Stephens were especially outspoken 
 and bitter in their denunciations. After an exciting attempt to 
 gain the floor, during which he was repeatedly interrupted by 
 cries of "Order," Toombs finally gained his point, and de 
 clared: "I do not then hesitate to avow before this House and 
 the country, and in the presence of the living God, that if, by 
 your legislation, you seek to drive us from the territories pur 
 chased by the common blood and treasure of the people, and tc 
 abolish slavery in the District, thereby attempting to fix a 
 national degradation upon half the States of this confederacy, 
 I am for disunion, and if my physical courage be equal to the 
 maintenance of my convictions of right and duty, I will devote 
 all I am, and all I have on earth, to its consummation. Finally, 
 after three weeks of such scenes, it was voted that a plurality 
 should elect, and on the sixty-third ballot Howell Cobb was 
 declared Speaker. 16 
 
 President Taylor sent in his annual message as soon as the 
 House was organized. It had been written before the Constitu 
 tion of California had been received, and, in reference to matters 
 in that section of the country, it called attention to recent news 
 that gave him reason to believe that a State Constitution had 
 been drawn up, and that admission into the Union would shortly 
 be applied for ; this application he recommended to the favorable 
 consideration of Congress. 17 Previous to his inauguration, there 
 had been much speculation in regard to just what stand the new 
 
 16. For the proceedings see Cong. Globe, 31 Cong., 1 Sess., pp. 2-67. 
 
 17. Richardson, Messages and Papers, Vol. V, pp. 9-24. 
 
 47 
 
Executive would take on the slavery question. His first message 
 was by no means reassuring to the South. Calhoun, ever intent 
 upon keeping the irritating subject out of Congress, had re 
 quested, through Secretary of State Clayton, that nothing be 
 said regarding the slavery difficulty, 18 but his request was not 
 complied with, for a paragraph was inserted which declared 
 that a dissolution of the Union would be the greatest of calami 
 ties, and that he would stand by it, and maintain it, to the full 
 extent of the obligations imposed, and the power conferred on 
 him by the Constitution. When General Taylor went to Wash 
 ington, he was of the opinion that the Northerners were the 
 aggressors in the sectional struggle, but his experience soon 
 taught him to think otherwise. Senator Seward, of New York, 
 became his chief advisor, 19 and from this fact we are fain to 
 conclude, with Mr. Rhodes, that his influence "was a potent 
 factor in the President s actual envisagement of the situation." 20 
 In gaining his position of influence, Seward was doubtless ably 
 assisted by his friend, Thurlow Weed, who, from the prominent 
 part he had played in the election, had great influence with 
 the new President. 
 
 President Taylor s policy in regard to the territories was in 
 perfect accord with the action of the people of California. Be 
 fore his inauguration, he said that "he desired to substitute the 
 rule of law and order . . . for the bowie knife and revolvers" 21 
 there; and, one month after that event, in the spring of 1849, 
 he sent T. Butler King, a Whig Congressman from Georgia, as 
 confidential agent of the administration, to assist the movement 
 looking towards the formation of a State government. 22 Whether 
 or not this course was advised by Seward, we have no means of 
 determining, but it shows that the President was anxious to have 
 California organized as a State, and thus removed from the 
 controversy. 
 
 Soon after the annual message had been received by Con 
 gress, Senator Foote, of Mississippi, moved a resolution to the 
 effect that it was the duty of Congress to provide suitable terri- 
 
 18. Poore, Parley s Reminiscences, Vol. I, pp. 354-355. 
 
 19. Ibid, p. 370. 
 
 20. Rhodes, History of the United States, Vol. I, p. 109. 
 
 21. Seward s Works, Vol. Ill, p. 444. 
 
 22. Senate Doc., No. 18, 31 Cong., 1 Sess. 
 
 48 
 
torial governments for California, Deseret, and New Mexico, at 
 that session. 23 It is not clear just what influence this resolution 
 had, but the Congressmen bestirred themselves. A bill was in 
 troduced in the House for the organization of that part of the 
 Mexican cession east of the Sierra Nevada Mountains without 
 slavery, 24 and separate bills were introduced in the Senate for 
 the more effectual execution of the fugitive slave clause of the 
 Constitution, and for the reduction of the limits of Texas with 
 her consent. 25 Here, at last, were the main sectional issues 
 before Congress in the form of bills. Their consideration soon 
 resulted in a deadlock that shook the very foundations of the 
 Union. 
 
 The ensuing struggle waxed more fiercely day by day. 
 Stephens wrote to his brother Linton, January 21, 1850, that 
 the South had ultimately to submit or fight, and that if he were 
 in the Georgia Legislature he would introduce bills for the pur 
 pose of reorganizing the militia, and for the creation of armories, 
 arsenals, and military schools. 26 The aged ex-Governor Troup, 
 who had successfully defied President John Quincy Adams at 
 the time of the Indian controversy, had recommended a similar 
 arming of the State as early as the preceding September. 27 
 General Scott thought that the country was on the eve of a civil 
 war. 28 Henry Clay wrote: My hopes and fears alternate." 29 
 In spite of all manifestations to the contrary, there were those 
 who did not consider the situation particularly dangerous. 
 Webster wrote Peter Harvey, February 14, 1850, that he did not 
 fear a dissolution of the Union, or a breaking up of the Govern 
 ment. 30 He soon after changed his mind. Benton ridiculed the 
 idea of danger. 31 Seward regarded threats of disunion as "too 
 trivial to mention." 32 Such views prompted C. S. Morehead, a 
 Whig Representative from Kentucky, to write to Governor Crit- 
 
 23. Cong. Globe, 31 Cong., 1 Sess., p. 210. 
 
 24. Ibid, p. 91. 
 
 25. Ibid, pp. 165-171. 
 
 26. Johnson and Brown, Life of A. H. Stephens, pp. 243-245. 
 
 27. Harden, Life of Troup, Appendix, p. 15. 
 
 28. Memoirs of General Sherman, Vol. I, p. 82. 
 
 29. Private Correspondence, Colton, Last Seven Years of Henry Clay, p. 497. 
 
 30. Curtis, Life of Webster, Vol. II, p. 398. 
 
 31. Benton, Thirty Years View, Vol. II, p. 749. 
 
 32. Seward s Works, Vol. I, p. 81. - 
 
 49 
 
tenden, of the same State, March 30, 1850, that "Our Northern 
 friends are blind, absolutely blind, to the real dangers by which 
 we are surrounded." 33 
 
 President Taylor s policy was supported by the Whigs and 
 by some of the Democrats at the North; it was opposed by the 
 Democrats and most of the Whigs of the South. 34 The advanced 
 stand that the Northern wing of the Whig party had taken, 
 under the leadership of Seward, bid fair to destroy the Whig 
 organization. Toombs clearly stated the situation in relation 
 thereto in a letter to Crittenden, April 25, 1850. The substance 
 of this letter was to the effect that during the past summer the 
 whole patronage of the Government had been thrown into the 
 hands of Seward, which enabled him to take control of the New 
 York organization, and force the Northern Whigs to adopt his 
 extreme anti-slavery policy. When he (Toombs) returned to 
 Washington, he found that the whole Whig party expected to 
 pass the Proviso, and that they understood the President would 
 not veto it. He saw General Taylor in regard to the matter, 
 and, while the latter stated he had given and would give no 
 pledges either way, he gave him to understand that, if the Proviso 
 passed, he would sign it. Toombs stated that his course became 
 instantly fixed to oppose it, even to the extent of a dissolution 
 of-4he Union. 35 Southern Whigs were willing to admit Cali 
 fornia with its free Constitution, but they wanted specific guar 
 antees protecting property in slaves in the rest of the territory 
 ceded by Mexico. Less they were unwilling to take. Considera 
 ble pressure was brought to bear upon the President in order to 
 make him conform to their views, but he remained inflexible 
 upon the subject. In reply to their threats of dissolving the 
 Union, in case he persisted in his adopted policy, he declared 
 that, if necessary, he would himself take the field to enforce the 
 laws of his country, and that if any of them were taken in rebel 
 lion, they would be hanged with as little mercy as he had hanged 
 traitors and spies during the Mexican war. 36 
 
 At this threatening juncture, Henry Clay came forward 
 with one of those customary schemes for compromise that have 
 
 33. Coleman, Life of Crittenden, Vol. I, p. 363. 
 
 34. Sargent, Public Men and Events, Vol. II, p. 354. 
 
 35. Coleman, Life of Crittenden, Vol. I, pp. 364-366. 
 
 36. Memoir of Thurlow Weed, p. 177; Rhodes, History of the United States, Vol. 
 I, p. 134, footnote No. 2. 
 
 50 
 
justly earned for him the name of the "Great Pacificator." 
 After nearly eight years retirement from public life, he had 
 accepted a seat in the Senate at the opening of the thirty-first 
 Congress, where, to quote his own words, he intended "to be a 
 quiet looker on, rarely speaking; and, when I do, endeavoring 
 to pour oil on the troubled waters." 37 At the beginning of the 
 session, he had asked to be excused from serving on any of the 
 standing committees, but the course of events soon caused him 
 to take a more active part in the proceedings. 38 It has been 
 intimated that revenge for the treatment he had received at the 
 hands of the Whig party was his chief motive in entering Con 
 gress, 39 but, if this w r ere so, certainly patriotism triumphed over 
 any such baser feelings in the end. He was seventy-three years 
 of age, and very feeble. No longer could he entertain hopes of 
 becoming President. Moreover, he had recently allied himself 
 with the Church, and this must have softened his thoughts 
 towards his enemies. Even his political opponents acknowledged 
 the purity and patriotism of his motives. 40 While the struggle 
 was fiercely raging over the territorial bills, he introduced into 
 the Senate, January 29, 1850, a series of eight resolutions that he 
 offered as a basis for settlement. 41 
 
 In his accompanying remarks Clay made no claim that his 
 project would prove a permanent settlement of the sectional 
 difficulty. It contained, he believed, about an equal amount of 
 concession and forbearance upon both sides ; but he thought he 
 might have asked a more liberal and extensive concession from 
 the free than from the slave States. As to why, he answered as 
 follows: "With you, gentlemen Senators of the free States, 
 what is it? An abstraction, a sentiment a sentiment, if you 
 please, of humanity and philanthropy a noble sentiment, when 
 directed rightly, with no sinister or party purposes ; an atrocious 
 sentiment a detestable sentiment or rather the abuse of it 
 
 37. Letter to Thomal B. Stephenson, Private Correspondence, Colton, Last Seven 
 Years of Henry Clay, pp. 493-494. 
 
 38. Poore, Perley s Reminiscences, Vol. I, p. 363. 
 
 39. He regarded the presidential office as rightfully belonging to himself. Poore 
 writes: "Indignant at the treatment which he had received from the Whig party, he 
 stood unsubdued, and so far from retreating from those who had deserted him, he 
 intended to make the Taylor administration recall its pledges, break its promises, and 
 become national, or pro-slavery Whigs." Reminiscences, Vol. I, p. 364. 
 
 40. Colton, Last Seven Years of Henry Clay, p. 133. 
 
 41. Cong. Globe, 31 Cong., 1 Sess., pp. 246-247. 
 
 51 
 
when directed to the accomplishment of unworthy purposes 
 ., . . . You are in point of numbers, however, greater; 
 and greatness and magnanimity should ever be allied . . ,,. . 
 /In the one scale, then, we behold sentiment, sentiment alone ; in 
 the other property, and all that makes life desirable and happy. 42 " 
 To those Southern Congressmen who brought forward the 
 charge that the action of California was irregular and unauthor 
 ized, Clay made answer that Michigan had already established 
 the precedent. He himself was opposed to the action of Michi 
 gan at the time, but the majority thought otherwise, and, "it 
 must be in candor admitted by all men, that California has 
 much more reason to do what she has done unsanctioned and un 
 authorized by a previous act of Congress, than Michigan had 
 to do what she did." 43 
 
 The debate on the Clay compromise measures was significant. 
 It marked the passing of the old party leaders, Calhoun, Clay, 
 and Webster, and it brought into greater national prominence 
 the two new Northern members of the Senate, Seward and Chase. 
 
 Clay spoke in favor of his resolution on the 5th and 6th of 
 February, 1850. He was so feeble at the time that he could not 
 mount the steps of the capitol without leaning upon the arm of 
 a companion. Never, said he, had he upon any former occasion 
 risen under feelings of such painful solicitude. Never before 
 had he been so anxious. "Sir, at this moment we have in the 
 legislative bodies of this Capitol, and in the Senate, twenty odd 
 furnaces in full blast, emiting heat and passion, and intemper 
 ance, and diffusing them throughout the extent of this broad 
 land." He implored the Senators to repress the ardor of their 
 passions, to look to the interests of their country, and to listen 
 to the voice of reason. He next called attention to the matters 
 in controversy, which he thought should be settled by mutual 
 concessions. Such an adjustment, he believed, was pointed out 
 by his resolutions, and he proceeded to take up and explain each 
 one in turn. In conclusion he spoke as follows: "Finally, Mr. 
 President, and in conclusion, I implore as the best blessing which 
 Heaven can bestow upon me, upon earth, that if the direful event 
 
 42. Cong. Globe, 31 Cong., 1 Sess., p. 246. 
 
 43. Ibid, p. 244. 
 
 52 
 
of a dissolution of this Union is to happen, I shall not survive 
 to behold the sad and heartrending spectacle." 44 
 
 Calhoun made reply March 4. He was so ill that his speech 
 was read for him by Senator Mason, of Virginia. Northern ag 
 gression, it set forth, had caused the strained political situation 
 by overthrowing the equilibrium between the sections, and wealth 
 had been transferred from the South to the North by means of 
 the protective tariff a view held by Calhoun since the tariff 
 discussion of the twenties. The immigrants attracted to the 
 Northern States had changed the character of the national gov 
 ernment from a Federal republic to a consolidated democracy, 
 and had begun the agitation of the slavery question. As events 
 were moving it would not require a secession of the South to 
 dissolve the Union. Agitation alone would dissolve it. The 
 strongest cords that bound the sections were the religious, but 
 they had begun to snap. The great Methodist Episcopal Church 
 had divided ; likewise the Baptist Church ; and the Presbyterian 
 Church was likely to do so if the agitation continued. It was 
 undeniable that the Union was in danger. Neither the proposed 
 compromise nor the executive plan could save it. As to what 
 could be done to save it, Calhoun stated that it could only be 
 done by conceding an equal right in the Territories to the South ; 
 by a more faithful fulfillment of the constitutional stipulations 
 in relation to fugitive slaves ; by a cessation of the slavery agita 
 tion ; and by an amendment to the Constitution which would re 
 store to the South the power she possessed of protecting herself 
 before the equilibrium between the sections was destroyed. 45 He 
 did not then explain the nature of this amendment, but, in a 
 political essay, published after his death, its plan and purpose 
 was set forth. 46 
 
 Webster made his famous effort in favor of compromise 
 March 7. His speech opened as follows: "I wish to speak to 
 day, not as a Massachusetts man, nor as a Northern man, but as 
 an American." He spoke for the preservation of the Union. 
 Nature had excluded slavery from the acquired territory, and 
 "I would not take pains uselessly to reaffirm an ordinance of 
 
 44. Cong. Globe, 31 Cong., 1 Sess., Appendix, pp. 115-127. 
 
 45. Ibid, pp. 451-455. 
 
 46. Discourse on the Constitution and Government of the United States, Cal- 
 houn s Works, Vol. I, p. 392. 
 
 53 
 
nature, nor to re-enact the will of God. And I would put in no 
 Wilmot proviso, for the purpose of a taunt or a reproach. The 
 above quotation gives the gist of the whole speech. In the mat 
 ter of the rendition of fugitive slaves, Webster thought that 
 there was justice in the complaints of the South, and that the 
 North was in the wrong. In conclusion he called upon the Sen 
 ate and the country to come into the light of day "instead of 
 dwelling in those caverns of darkness, instead of groping with 
 
 those ideas so full of all that is horrid and horrible 
 
 Let us make our generation one of the strongest and brightest 
 links in that golden chain which is destined, I fondly believe, to 
 grapple in the people of all the States to this Constitution for 
 ages to come." 47 
 
 Webster s speech gave offense to the more radical anti-slav 
 ery men of Massachusetts, and it alienated many of his old 
 friends. 48 Henry Wilson declared that his speech was Southern 
 in its tone, argument, aim, and end. 49 Bowditch, of Boston, 
 charged that he had deceived and wheedled his best friends. 50 
 Giddings wrote from Ohio: "By his speech a blow was struck 
 at freedom and the constitutional rights of the free States which 
 no Southern man could have given, r>1 and it is probable that this 
 was the feeling of a majority of the anti-slavery men at the 
 North. Not one of the New England Whigs in Congress agreed 
 with Webster/ 2 which was natural enough considering the stand 
 that party had taken in regard to slavery. It was openly charged 
 that the speech was a bold bid for Southern support for the 
 
 47. Cong. Globe, 31 Cong., 1 Sess., Appendix, pp. 269-276. 
 
 48. Sargent, Public Men and Events, Vol. II, p. 362; Bowditch, Life and Cor 
 respondence of Henry Ingersoll Bowditch, Vol. I, pp. 203-204. Bowditch wrote: 
 "His speech was a mighty downfall for him. . . . His support of the Compromise 
 Measures, the Fugitive Slave Law, his telling us to conquer our prejudices, and sup 
 port all those damnable proceedings, aroused in us all the utmost distress and opposi 
 tion. We were prepared to do almost anything but tamely submit to the carrying back 
 of the slave, but we had no organization to meet such an event." 
 
 49. Wilson, Rise and Fall of the Slave Power, Vol. II, p. 254. 
 
 50. Bowditch wrote: "At the time of preparing for his 7th of March speech, he 
 wrote to his intimate friend, J. T. Stevenson, Esq., to know how far he could go in 
 behalf of freedom and be sustained by the North. The reply was, Take the highest 
 ground in behalf of freedom ; and when the hour for Mr. Webster to speak had 
 arrived, Stevenson said to my brother (J. I. B.), at his office in State Street, Oh, 
 how Webster is giving it now to Southern insolence. So entirely had Webster de 
 ceived and wheedled his best friends." Bowditch, Life and Correspondence of Henry 
 Ingersoll Bowditch, Vol. I, p. 203. 
 
 51. Giddings, History of the Rebellion, p. 324. 
 
 52. Curtis, Life of Webster, Vol. II. 
 
 54 
 
Presidency. 1 3 Color is lent to the above charge if assertions, said 
 to have been made by Thaddeus Stevens and Joshua R. Giddings, 
 after the decease of Webster, are true. They claimed, it is 
 alleged, that Webster had prepared a speech, the manuscript of 
 which they had both read, which was a powerful vindication of 
 Northern sentiment upon the compromise measure, especially 
 the fugitive slave bill, but that he had later put it aside and pre 
 pared the one delivered. Still, the same author, who reported the 
 above, tells us that Webster was reported, by Theodore Parker, 
 as having said to a fellow Senator on the morning of March 7 : 
 I have my doubts that the speech I am going to make will ruin 
 me." 54 
 
 In his speech of March 11, 1850, Seward put himself on rec 
 ord as opposed to all compromise with the South. He declared 
 that the Wilmot Proviso was necessary for the exclusion of 
 slavery from New Mexico and California, and denied that the 
 Constitution recognized chattel slavery. In regard to the fugi 
 tive slave question, he said : "I say to the slave States, you are 
 entitled to no more stringent laws, and that such laws would be 
 useless." During this speech he announced his famous "Higher 
 Law" doctrine, which became the slogan of the anti-slavery peo 
 ple later on. "We hold," he said, "no arbitrary authority over 
 anything, whether acquired lawfully or seized by usurpation. 
 The Constitution regulates our stewardship; the Constitution 
 devotes the domain to union, to justice, to defense, to welfare, 
 and to liberty. But there is a higher law than the Constitution, 
 which regulates our authority over the domain, and devotes it to 
 the same noble purposes." 55 
 
 Chase, on March 26 and 27, maintained that it was the duty 
 of Congress not to interfere with slavery in the States where it 
 already existed, but to prohibit its spread to the Territories. As 
 to chattel slavery, he agreed with Seward that the Constitution 
 of the United States did not recognize it, and he declared that 
 the Federal ratio explained the attachment of the South to the 
 
 53. Bowditch, Life and Correspondence of Henry Ingersoll Bowditch, Vol. I, 
 p. 203. 
 
 54. Poore, Perley s Reminiscences, Vol. I, p. 365. The best defense of Webster 
 is to be found in Rhodes, History of the United States, Vol. I, pp. 157-161. 
 
 55. Cong. Globe, 31 Cong., 1 Sess., Appendix, pp. 262-269. 
 
 55 
 
institution. 56 This speech is of interest because of the fact that 
 it expressed the sentiments of the anti-slavery men of Ohio. 
 
 Seward and Chase had stated the position of the younger 
 group of statesmen who were rapidly coming into prominence 
 1 the North ; during the same debate Jefferson Davis advanced 
 /the views of the Calhoun followers among the rising group of 
 young statesmen at the South. Davis had entered the Senate 
 from Mississippi soon after the Mexican war, in which he had 
 served with distinction, and, after the death of Calhoun, March 
 31, 1850, he aspired to the leadership of the South. 57 In a 
 speech, during the debate above referred to, he announced his 
 position. To quote Mr. Rhodes, he "translated into action the 
 logic of his master," Mr. Calhoun. What Davis preferred above 
 all was non-intervention of Congress in the Territories, but, in 
 default of that, he would agree to the extension of the Missouri 
 ) Compromise line of 36 30 to the Pacific, 58 a method of set 
 tlement which we remember President Polk and others had advo 
 cated at the time of the Oregon controversy. Davis claimed that 
 he did not urge the matter because of any inherent fitness in 
 that line, but, because it had acquired, in the public mind, a 
 prescriptive respect which it seemed unwise to disregard. 59 
 
 After the introduction of Clay s resolutions there was a 
 steadily growing sentiment in favor of compromise among the 
 more moderate members of Congress. On motion of Senator 
 Foote, of Mississippi, February 25, 1850, it was decided "To re 
 fer to a select committee of six members from the North, and 
 six members from the South, and one member to be by them 
 chosen, with instructions to exert themselves for the purpose of 
 maturing a scheme of compromise for the adjustment of all the 
 pending questions growing out of the institution of slavery, and 
 to report by bill or otherwise. 60 To this committee Clay s reso 
 lutions were referred on April 18. 61 Bills were reported, May 8, 
 
 56. Cong. Globe, 31 Cong., 1 Sess., Appendix, pp. 468-480. 
 
 57. Poore, Perley s Reminiscences, Vol. I, p. 366; Elaine, Twenty Years of Con 
 gress, Vol. I, p. 89. 
 
 58. Cong. Globe, 31 Cong., 1 Sees., pp. 149-154, 286-287. 
 
 59. Jefferson Davis, Ex-President of the Confederate States, a Memoir by His 
 Wife, Vol. I, p. 443. 
 
 60. The motion was made February 21, but it was not passed until the 25th. 
 Cong. Globe, 31 Cong. 1 Sess., pp. 418-421. 
 
 61. The committee consisted of Clay, as chairman, Senators Webster, Phelps, 
 Cooper, Whigs; and Cass, Bright, Democrats, from free States; King, Downs, Demo 
 crats; and Mangum, Bell and Berrien, Whigs, from slave States. 
 
 56 
 
which contained in substance about all that Clay desired. The 
 first of these, nicknamed the Omnibus" bill, provided for the 
 admission of California, for the organization of Utah and New 
 Mexico, and for an offer to the State of Texas to fix its bounda 
 ries so as not to include what had been claimed of New Mexico, 
 and for the payment of a sum of money by the United States. 
 Others provided for the suppression of the slave trade in the 
 District of Columbia, and for an amendment to a Senate bill 
 providing for the more effective return of fugitive slaves. 62 
 
 The Omnibus bill was debated in the Senate until August. 
 It was opposed by the administration through its newspapers, 
 through declarations of the Cabinet members, and the. unre 
 served expressions of the President. 63 It was opposed by the 
 Northern Whigs and Free-Soilers, who thought it surrendered 
 too much to the slave power; and by extreme Southern Demo 
 crats, who considered it a complete surrender of the slave-hold 
 er s right to hold his property in slaves wherever he might choose 
 to settle. By August 1, it was so amended that very little of the 
 original bill remained. 64 
 
 Between June and August, 1850, two events took place that 
 prepared, to a greater extent than any of the other influences 
 that were at work, the way for compromise. The first was the 
 convention of delegates from nine of the Southern States that 
 met at Nashville, Tennessee, June 3, 1850. 65 No action of any 
 lasting importance resulted, but the spirit that caused its as 
 sembling alarmed moderate men in both sections, and made them 
 desire a settlement. The second was the elevation of Fillmore to 
 the Presidency; General Taylor having died on July 9. 66 The 
 succession of Fillmore put an end to Seward s influence. 67 Presi- 
 
 62. Report of Committee, No. 123 (Senate), 31 Cong., 1 Sess. 
 
 63. Elaine, Twenty Years of Congress, Vol. I, pp. 94-95. 
 
 64. Cong. Globe, 31 Cong., 1 Sess., p. 1504. 
 
 65. Benton, Thirty Years View, Vol. II, pp. 780-785; Rhodes, History of the 
 United States, Vol. I, pp. 173-174. 
 
 66. Poore, Perley s Reminiscences, Vol. 1, p. 384; Elaine, Twenty Years of Con 
 gress, Vol. I, p. 95; Hilliard, Politics and Pen Pictures, p. 231. Milliard states that 
 he had a conversation with Webster in the rotunda of the Capitol, a few days after 
 President Taylor s funeral, and that Webster said to him: "Mr. Hilliard, if General 
 Taylor had lived, we should have had civil war." 
 
 67. "The unexpected death of General Taylor was an element with which even 
 Mr. Seward had never taken into account, and the first consequence was undisguised 
 confusion among the supporters of the administration. The members of the Cabinet 
 promptly tendered their resignations, and it was plainly visible that the sudden removal 
 of the President had checkmated the plans so carefully made, and forced the chief 
 player to feel the bitterness of political death." Poore, Perleys Reminiscences, Vol. I, 
 p. 381. 
 
 57 
 
dent Taylor s Cabinet members immediately resigned, Webster 
 was made Secretary of State, and he used the power and in 
 fluence of his office to bring about the acceptance of the com 
 promise measures. 68 
 
 President Fillmore sent a special message to Congress, Au 
 gust 6, 1850, accompanied by a letter from the Governor of 
 Texas, which stated that Texas was about to take armed posses 
 sion of the disputed territory of New Mexico. He called atten 
 tion to the urgent necessity of settling the boundary question 
 before the end of the session. 69 Both Houses took up the matter 
 in earnest, and before the end of September the various meas- 
 /"iires, including the Omnibus bill, became laws. 70 They were 
 passed in most cases by decisive majorities. 
 
 68. Sargent, Public Men and Events, Vol. II, p. 372; Poore, Parley s Reminis 
 cences, Vol. I, pp. 381-382. 
 
 69. Richardson, Messages and Papers, Vol. V, pp. 67-73. 
 
 70. Bills for admitting California, and for organizing New Mexico, and settling 
 the Texas claim, on September 9; the Utah bill, September 16; the Fugitive Slave Act, 
 September 18; and the bill concerning the slave trade in the District of Columbia, 
 September 20. See Acts of Congress, 31 Cong., 1 Sess., pp. 43, 51, 52, 64, 71. 
 
 $8 
 
CHAPTER IV. 
 
 THE FIRST SESSION OF THE NASHVILLE CONVEN 
 TION. 
 
 Calhoun seized upon the occasion offered by the controversy 
 over slavery expansion in order to further his plan of coopera 
 tion upon the part of the Southern States. To the casual ob 
 server of events at the time, his influence was not readily dis 
 cernible because it was exerted behind the direct gaze of the 
 public, while he kept his own personality very much in the 
 background. 1 As we have already seen, he kept in close touch 
 with his followers, men of influence scattered throughout the 
 South, by means of correspondence; and they, in turn, spread 
 his teachings and carried on a campaign for the purpose of 
 educating the public mind to the necessity of united action 
 against Northern aggression. 2 The result was the assembling 
 of the Nashville Convention, which, as pointed out in the fore 
 going chapter, was one of the influences that finally brought 
 about the passage of the compromise measures. Public ignor 
 ance of the object of this convention led to exaggerated rumors 
 that the Southern delegates were assembled for the purpose of 
 dissolving the Union, and moderate men, North and South, 
 exerted their utmost influence in favor of a sectional settlement. 
 The Nashville Convention effected the territorial struggle by 
 reason of its portent ; as a means of uniting the South it proved 
 a total failure. 
 
 Calhoun s public career is interesting. In the period imme 
 diately following the war of 1812, he had been an ardent nation 
 alist, 3 but a transition to strict State sovereignty views took place 
 at the time of Southern complaints against the protective tariff 
 legislation of the late twenties. In his new role he taught the 
 philosophy and supplied the arguments for ambitious followers, 
 
 1. "I want no reward, no prominence, or even distinction. If the thing is done, 
 I am satisfied, let it be done by whom it may." Calhoun to James H. Hammond. 
 Calhoun Correspondence, p. 779. 
 
 2. See Chapter II, pp. 32-34. 
 
 3. See his speech on internal improvements, delivered in the House of Repre 
 sentatives, February 4, 1817. Annals of Cong., 1816-1817, 14 Cong., 2 Sess., pp. 
 851-870. 
 
 59 
 
some of whom were willing to take a step in advance of their 
 leader and force the sectional issues to the arbitrament of arms. 4 
 While Vice-President he protested against the protective tariff 
 principle through the Legislature of South Carolina, in 1828, 
 when that State adopted his Exposition and Protest, that formed 
 the immediate basis for Nullification in 1832. The arguments 
 advanced by Hayne in his famous debate with Webster, in 1830, 
 mark the former as a disciple of Calhoun. At this time Calhoun 
 was ostensibly opposing protective tariff legislation, but in 
 reality he was looking far beyond that measure. With prophetic 
 vision he saw that the time was coming when the South would 
 have no control over national legislation, owing to the more 
 rapid growth of the North. In order to conserve the power of 
 the slaveholding section in Congress, he set himself to the task 
 of devising some plan whereby it might be accomplished with 
 out endangering the Union of the States. In the seclusion of his 
 study he matured a philosophical theory of government 3 that, 
 in his opinion, would produce the desired result if put into prac 
 tice. It required united action upon the part of the South for 
 its accomplishment, and in order to gain the desired unity he 
 regarded a convention of the Southern States as indispensable. 6 
 Once decided upon this plan, he bent every energy to its accom 
 plishment, it was the absorbing purpose of his conscious hours, 7 
 and it furnishes us with a key by means of which we are enabled 
 to interpret his Senate resolutions of February 19, 1847, and the 
 Address to the South, not to mention his speeches in and out of 
 
 4. Calhoun did not advocate actual secession, except as a last resort, the neces 
 sity for which he could never bring himself to acknowledge until he was on his death 
 bed. Even then he did not mention the word. A few days before his death he 
 dictated a series of resolutions to Joseph A. Scoville, the following one of which seems 
 to suggest it: "Resolved, That the time has arrived when the said States owe it to 
 themselves and the other States comprising the Union to settle fully and forever all 
 the questions at issue between them." Calhoun Correspondence, p. 787. 
 
 5. See his Discourse on the Constitution and Government of the United States, 
 Calhoun s Works, Vol. I. 
 
 6. "I see no hope of bringing the North to a sense of justice but by our united 
 action, and for that purpose a convention of the South is indispensable. To that point 
 our efforts should be directed. The first step towards it is to put an end to the old 
 party divisions, which might be effected by an understanding between a few prominent 
 leaders on both sides, and short and well- written articles through the leading presses 
 of both parties, showing the folly and danger of continuing our party warfare when 
 our existance is at stake." To Andrew Pickens Calhoun, July 24, 1849. Calhoun 
 Correspondence, p. 769. 
 
 7. ... "he was unfortunate in always having the great powers of his mind con 
 centrated on one subject at a time." B. F. Perry s Reminiscences, p. 47. 
 
 60 
 
Congress during the period 1847-1850. His correspondence 
 was directed to the same end, and he had not lacked the cooper 
 ation of a sympathetic press. 8 An important part of his pro 
 gram was the establishment of the Southern Press at Washing 
 ton in 1850, a newspaper project made possible by a sum of 
 $30,000, donated by the signers of the Southern Address and 
 their adherents. 9 From the first he had realized the necessity 
 of some burning issue to serve as the basis for Southern union. 
 By the year 1833 he clearly saw that the South could never be 
 united sufficiently on the tariff, and, the slavery question be- 
 comirfg of national importance, he shifted to it about the year 
 1835. 10 
 
 Calhoun recommended, April 33, 1849, that a States Rights 
 Convention, about to assemble at Columbia, South Carolina, 
 adopt measures to prepare the way for a convention of the 
 Southern States; 11 but his native State never issued the call, 
 probably on account of the recollections of the odium that it had 
 incurred by reason of the Nullification episode. Later on he 
 had hopes that Alabama could be induced to act, and Atlanta, 
 Georgia, was suggested as being a good place for the meeting. 12 
 His efforts were not wasted, however, for initial action towards 
 the fulfillment of his plans was taken by the State of Missis 
 sippi. The appeal to the South, through the address issued by 
 the Southern Congressmen, in January, 1849, aroused the peo 
 ple of that State. 13 In May of that same year, a meeting of the 
 citizens of the city of Jackson, issued a call to the people, re 
 questing them to elect delegates to a State convention, to be held 
 
 8. In a letter to Andrew Pickens Calhoun, July 24, 1849, Calhoun mentions an 
 article of his that would be published "in all our papers." Calhoun Correspondence, 
 p. 769. 
 
 9. Benton, Thirty Years View, Vol. II, p. 781; also see Calhoun s letters to 
 Duff Green, March, 1847. for his earlier interest in the establishment of such a news 
 paper. Calhoun Correspondence, pp. 718, 722. 
 
 10. Benton states that Calhoun told his South Carolina friends, after his return 
 from Congress, in 1833, "That the South could never be united against the North on 
 the tariff question that the sugar interests of Louisiana would keep her out and 
 that the basis of Southern union must be shifted to the slave question." This policy 
 was formally inaugurated by him in 1835. Benton, Thirty Years View, Vol. II, 
 p. 786. Calhoun wrote to James Edward Calhoun, September 23, 1835 : "I see my 
 way clearly on the slave question, and I do not fear an entire triumph on our own 
 conditions; to be followed by unbounded prosperity in the South and a universal rise 
 in prosperity of every kind." Calhoun Correspondence, p. 346. 
 
 11. Calhoun to J. H. Means, April 13, 1849, Calhoun Correspondence, p. 766. 
 
 12. Calhoun to Andrew Pickens Calhoun. July 24, 1849, Ibid, p. 769. 
 
 13. Weekly National Intelligencer, February 2, 1850. 
 
 61 
 
the following October, for the purpose of considering the threat 
 ening relations between the North and the South. 14 It is signifi 
 cant that the proceedings, of this meeting were sent to Calhoun, 
 and that he was requested to advise the people of Mississippi 
 with regard to the proper course for them to pursue at the Octo 
 ber convention. 15 His reply, addressed to Colonel G. S. Tarpley, 
 and bearing date of July 9, 1849, stated that, in his opinion, a 
 Southern convention was all that could save them, and that 
 could not if much longer delayed. By reason of after develop- 
 tments, the great object of a Southern convention can best be 
 /given in Calhoun s own words. It was, said he, "to put forth in 
 a solemn manner the causes of our grievances in an address to 
 the other States, and to admonish them, in a solemn manner, as 
 to the consequences which must follow, if they should not be re 
 dressed, and to take measures preparatory to it, in case they 
 should not be. The call should be addressed to all those who are 
 desirous to save the Union and our institutions, and who, in 
 the alternative, should it be forced on us, of submission or dis 
 solving the partnership, would prefer the latter." 
 
 All movements, he continued, should look forward to a con 
 tention, and "For that purpose, every Southern State ought to 
 
 | be organized with a central committee, and one in each county. 
 
 \ Ours is already. 16 It is indispensable to produce concert and 
 prompt action. In the meantime, firm and resolute resolutions 
 ought to be adopted by yours and such meetings as may take 
 place before the assembling of the Legislature in the fall. They, 
 when they meet, ought to take up the subject in the most solemn 
 and impressive manner." Mississippi was advised to take the 
 lead. 17 
 
 14. Cong. Globe, 32 Cong., 1 Sess., Appendix, p. 174; Garner, The First Struggle 
 Over Secession in Mississippi, Pubg. Miss. Hist. Soc., Vol X, p. 90. 
 
 15. For the letter to Calhoun see Foote s speech, Cong. Globe, 32 Cong., 1 Sess., 
 Appendix, p. 52. 
 
 16. It appears that the organization of South Carolina along the above-mentioned 
 lines was owing to Calhoun s suggestion. In a letter to John H. Means, April 13, 
 1849, advising the latter as to what action a States Rights convention should take 
 towards bringing about a Southern convention, he wrote: "It seems to me ... that 
 the organization of our own and the other Southern States is an indispensable step, 
 and for that and other purposes there ought to be an able committee appointed, having 
 its center in Charleston, or Columbia, and vested with power to take such steps as 
 may be deemed necessary." Calhoun Correspondence, p. 766. 
 
 17. Cong. Globe, 32 Cong., 1 Sess., Appendix, p. 282; Daily National Intel 
 ligencer, June 4. 1850. 
 
 62 
 
How faithfully Calhoun s suggestions were carried out the 
 following extract from a speech delivered in the United States 
 Senate, March 9, 1852, by Senator Wilcox, of Mississippi, shows: 
 "The convention was held in October, as he advised. Missis 
 sippi took the lead. A central committee was organized, and an 
 effort made to appoint them in the counties. Firm and resolute 
 resolutions were adopted by the October convention. The Legis 
 lature took up the subject in the most solemn and impressive 
 manner. It reserved in the treasury the sum of $220,000, to 
 enable the Nashville Convention to take the necessary steps 
 spoken of by Mr. Calhoun." 18 
 
 Nor was the Tarpley letter the only means employed by Cal 
 houn to influence the action of the State convention in Missis 
 sippi. He approached Senator Henry S. Foote in the matter 
 and not without success, for on September 25, 1849, the latter 
 wrote him that several leading gentlemen of both the two great 
 political parties had promised him to act upon the Calhoun sug 
 gestion, relative to a Southern convention, at the approaching 
 State convention. 19 The movement was general in Mississippi, 
 both Whigs and Democrats giving it their support. One of its 
 leading spirits was William L. Sharkey, a Whig, and a strong 
 Union man. 20 So deeply was the public mind stirred with a 
 sense of impending danger that party lines were for the time 
 forgotten. 
 
 The State convention met on the first Monday in October, 
 1849, and called a general convention of the slaveholding States 
 to meet at Nashville, Tennessee, on the first Monday in June, 
 1850. 21 Some of the delegates favored Washington as the place 
 of meeting, but Nashville was finally decided upon as being 
 more central in location. Mississippi was to be represented by 
 twelve delegates, six each from the Whig and Democratic par- 
 
 is. Cong. Globe, 32 Cong., 1 Sess., Appendix, p. 282. 
 
 19. Calhoun Correspondence, pp. 1204-1206. 
 
 20. "Two of your letters to General Foote were enclosed to me, to be read accord 
 ing to my discretion, on the question of the crisis. That suggesting a Southern con 
 vention was shown by me to our mutual friends, Ch. Justice Sharkey and Judge 
 Clifton, who, although Whigs, are well up to Southern rights. We adopted the idea 
 with ardor, but all concurred in opinion that if we should proceed on a course recom 
 mended from South Carolina we should fail." A. Hutchinson to Calhoun, October 5, 
 1849. Calhoun Correspondence, p. 1206. 
 
 21. Weekly National Intelligencer, February 2, 1850. 
 
 63 
 
ties." The State Legislature, by resolution, January, 1850, 
 adopted the proceedings of the Jackson meeting and October 
 convention, and issued the call to the States. 23 
 
 Concerning the calling of the Nashville Convention, and in 
 reference to the part played by Calhoun, Benton wrote: "That 
 convention was called the same which had been designated in 
 the first manifesto, entitled The Crisis, published in the Charles 
 ton Mercury in 1835, and what had been repulsed from Nash 
 ville in 1844. Fifteen years of assiduous labor produced what 
 could not be started in 1835, and what had been repulsed in 
 1844." 24 Benton is right, Calhoun had labored for a convention 
 for several years, but it appears that he, as well as most others, 
 did not understand Calhoun s object in having the convention 
 meet. We give a few opinions. A Wilmington, North Carolina, 
 newspaper, in discussing the convention, expressed the hope that 
 there would be no more barren addresses, and declared the 
 remedy for Southern ills to be a Confederacy, with a capital at 
 Asheville, or somewhere else on the mountains where the lines 
 of Georgia, South Carolina, North Carolina, Tennessee and Vir 
 ginia meet. 25 The South Carolinian stated that "the organiza 
 tion of a presidential party and the adoption of a candidate is 
 to be considered an appropriate end and summary of the delibe 
 rations of the convention ; and the Tennessee newspaper that 
 quoted the above extract added, by way of comment, that the 
 object was to make Mr. Calhoun the head of such a party, and it 
 asked if Tennessee was prepared "to hitch herself to that set 
 trampled under foot by General Jackson. 26 " Another Tennessee 
 paper made the conservative and more correct statement that the 
 delegates "were expected to meet together, to consult, to de 
 liberate, to reason, and to recommend the wisest measures for 
 preserving the Union, and at the same time protecting their 
 rights against further encroachments." 27 Meanwhile, Calhoun, 
 who of all others was best qualified to explain what course of 
 action the convention should follow, preserved his usual silence, 
 
 22. A. Hutchinson to Calhoun, Calhoun Correspondence, p. 1206. 
 
 23. Laws of Mississippi, 1850, pp. 521-526. 
 
 24. Benton, Thirty Years View, Vol. II, p. 781. 
 
 25. Quoted in the Weekly National Intelligencer, February 2, 1850. 
 
 26. Republican Banner and Nashville Whig, February 9, 1849. 
 
 27. The Daily Union, December 22, 1849. 
 
 6 4 
 
in so far as the general public was concerned, and made the best 
 of every opportunity to insure full delegations at Nashville. 28 
 
 South Carolina, as was to be expected, received the Missis 
 sippi call with feelings of great satisfaction, and proceeded at 
 once to the election of delegates. Georgia and Alabama did the 
 same. A committee of the Virginia Legislature expressed a 
 favorable sentiment, and the House of Delegates of Maryland, 
 by a unanimous vote, expressed a willingness to be represented 
 at Nashville. 29 But these first manifestations by no means indi 
 cated public sentiment, except in South Carolina and in Missis 
 sippi. The action of the Alabama Legislature, in passing the 
 people by in the matter, brought forth strong condemnation 
 from the press of the State. 30 The newspapers of Virginia, of 
 both political parties, failed to endorse the action of the legis 
 lative committee; and the region beyond the mountains, or 
 which is now West Virginia, was decidedly hostle to the conven 
 tion, thereby giving an indication of that spirit that was to bring 
 about the separation of that section at the time of the war. From 
 Baltimore, the commercial center of Maryland, a voice was raised 
 in protest against the action of the House of Delegates, and Ken 
 tucky and North Carolina frowned upon all movements looking 
 toward disunion. 31 Louisiana flatly refused to appoint dele 
 gates. 32 In Tennessee, party lines were well drawn in relation 
 to the matter, the Whigs acknowledging no necessity for a con 
 vention, while it received the support of the Democrats. 33 The 
 Legislature of the State refused to take any action whatever. 34 
 
 It was clearly evident that the whole movement lacked the 
 popular enthusiasm that was necessary to insure its success. 
 The Wilmington Chronicle stated that out of sixty exchanges, 
 published in the slaveholding States, from Maryland to Louis 
 iana, only fifteen, or one-fourth, took decided ground in favor 
 of the convention. The rest were either strongly opposed to it, 
 in doubt as to its utility, or silent on the subject. 35 Charleston 
 
 28. He was busily engaged in influencing Southern Congressmen to give their aid 
 for the success of the convention. Calhoun Correspondence, pp. 778-779. 
 
 29. Weekly National Intelligencer, February 2, 1850. 
 
 30. Republican Banner and Nashville Whig, February 2, 1850. 
 
 31. Ibid, February 12, 1850 Quotes from Southern newspapers and comments 
 upon public opinion in the South. 
 
 32. Ibid, March 1, 1850. 
 
 33. Ibid, February 21, 1850. 
 
 34. Ibid, February 14, 1850. 
 
 35. Quoted in Ibid, March 22, 1850; Rhodes, Vol. I, p. 174. 
 
 65 
 
and Columbia, South Carolina, and Jackson, Mississippi, were 
 the centers of the agitation in favor. 36 Several of the delegates 
 elect in Georgia absolutely refused to serve. Delegates appointed 
 in other Southern States, having high hopes of the matters in 
 controversy being peaceably settled by a compromise, declined 
 going to Nashville; and, as the time set for the assembling of 
 the convention drew near, it was seen that not one-half of the 
 Southern population would be represented there. 37 
 
 Representatives from nine of the fifteen slave States assem 
 bled at Nashville, June 3, 1850, but it is clear from the numbers 
 that few of the States sent full delegations. There were twenty- 
 two from Alabama, seventeen from South Carolina, twelve from 
 Mississippi, eleven from Georgia; from Virginia, Florida, and 
 Arkansas, six, four, and three, respectively; Texas stood at the 
 bottom of the list with a single delegate ; and one hundred were 
 present from Tennessee, 38 but the greater part of the latter must 
 have held their seats by courtesy. The members first convened 
 in Odd Fellows Hall, but that proving too small for the accom 
 modation of spectators, the convention adjourned to the Mc- 
 Kendree Church, the most spacious building in the city. In 
 seating the delegates, the two places of honor, the front pews on 
 each side of the president s chair, were given to South Carolina 
 and Mississippi, altogether, a proper recognition of their serv 
 ices in bringing about the gathering. In front of the pulpit, and 
 inside the chancel railing, tables were placed for the accommo 
 dation of reporters. The pews in the side aisles were reserved 
 for ladies, and the galleries for other spectators. 39 
 
 The convention was a gathering of able men, many of whom 
 were distinguished. 40 It was not an assemblage of young politi 
 cians, but of gray-haired Governors, Judges, ex-members of Con 
 gress, jurists, and orators of prominence. 41 Mississippi sent 
 Judge William L. Sharkey, one of the ablest jurists the South 
 west ever produced, a Whig in politics, and a man who greatly 
 loved the Union. As president of the convention, he did much 
 
 36. Daily National Intelligencer, May 31, 1850. 
 
 37. Ibid, June 1, 1850. 
 
 38. Journal of the Convention, pp. 25-29. 
 
 39. Ingraham, The Sunny South, pp. 131, 135. 
 
 40. Nashville Daily Gazette, June 4, 1850. 
 
 41. Ingraham, The Sunny South, pp. 135-136. 
 
 66 
 
to prevent any rash and hasty action. 42 With the possible excep 
 tion of Mississippi, the most talented delegation present was the 
 one from South Carolina. It contained Langdon Cheves, R. W. 
 Barnwell, J. H. Hammond, Maxey Gregg, and the ardent seces 
 sionist, R. Barnwell Rhett. 43 Writing of Rhett, Mr. Phelan, the 
 historian of Tennessee, states that the well-known Union senti 
 ments of Judge Sharkey were more than counterbalanced in the 
 public mind by his presence in the convention. 44 The most ultra 
 delegation in attendance w r as the one from Virginia, and one of 
 its members, Beverly Tucker, a half-brother of John Randolph, 
 of Roanoke, made the only speech during the nine-day session 
 that was in any ways bitter against the North. For the most 
 part, the deliberations were marked by forbearance in this re 
 spect, and there was almost a total lack of vituperation. The 
 North was generally referred to as "our Northern brethren," or 
 "our sister States." 45 
 
 Judge Sharkey, upon taking the president s chair, made 
 a short speech that expressed clearly the views of Southern 
 moderates, to which class a majority of the members belonged. 
 After a brief allusion to the causes that had brought them to\ 
 gether, he stated that the purpose of the convention was not 
 merely to devise measures to protect the rights and property of 
 the Southern States, but to preserve the government that had 
 been handed down to them untarnished. It had not been called 
 to subvert, but to perpetuate the Union. In concluding his re 
 marks, his strong Union sympathies were expressed in the hope 
 that it might be the last thing to perish among the universal 
 wreck of matter. 46 By way of contrasting these moderate senti 
 ments with the views of the radicals, we give the substance of a 
 speech delivered by that arch secessionist, Beverly Tucker, 47 of 
 Virginia. He unhesitatingly declared for the formation of a 
 Southern Confederacy, and sought to win over those who hesi- 
 
 42. Foote, Bench and Bar of the South and Southwest, pp. 63-64; Lynch, Bench 
 and Bar of Mississippi, pp. 189-198. 
 
 43. Journal of the Convention, p. 25. 
 
 44. Phelan, History of Tennessee, p. 134. 
 
 45. Ingraham, The Sunny South, p. 134. 
 
 46. Journal of the Convention, p. 23. 
 
 47. Alluding to the Union in a letter to William Gilmore Simms, February 14, 
 1851, Tucker wrote: . . . . "I will never give rest to my eyes, nor slumber to my eye 
 lids, until it is shattered into fragments. I strove for it in 33 : I strove for it in 50, 
 and I will strive for it while I live, and leave the accomplishment to my boys." Trent, 
 William Gilmore Simms, pp. 183-184. 
 
 67 
 
tated, for fear that such a proceeding would lead to a conflict 
 of arms with the North, by declaring that cotton formed such a 
 strong bond of interest with England that that country would 
 never permit the North to resort to coercive measures. If only 
 five States of the lower South participated in the movement, the 
 same result would follow, and soon after the border States, 
 Pennsylvania, and the West, would be compelled, by shear force 
 of interests, to throw in their lot with the Confederacy. Then 
 New England, the cause of all their grievances, would be isolated, 
 and without power. 48 Even if other members were inclined 
 towards Mr. Tucker s extreme views, none ventured to express 
 themselves in set speeches, and the proceedings of the conven 
 tion were guided by men holding moderate views. 
 
 The principal work of the convention was the adoption of 
 twenty-eight resolutions that did nothing more than group and 
 set forth in concise form the whole range of Southern grievances. 
 [Equal rights in the Territories were demanded, and it was 
 /Visserted that Congress had no power to exclude therefrom prop- 
 / erty held in any of the States of the Union. Moreover, it was 
 the duty of Congress to provide the inhabitants there with gov 
 ernments other than the military and foreign organizations then 
 in force, which did not give constitutional rights to the people. 
 Resolution five was one of the few of the series that had a dis 
 tinct radical flavor. It declared that the slaveholding States 
 could not, and would not, submit to the enactment by Congress 
 of any law imposing onerous conditions upon the rights of slave 
 ^masters to remove with their property to the Territories, or of 
 l laws discriminating in favor of proprietors of other forms of 
 ; property against them. It was expressly set forth that if the 
 Federal Government performed its duty, and recognized the 
 rights of the slave States, it would do much to restore peace and 
 llay excitement. 
 
 The prominence given Texas shows that Congressional inten 
 tions in relation thereto was one of the chief causes for grievance. 
 It was asserted that the principle of equal State rights would 
 deprive the question between Texas and the United States of its 
 sectional character, and lead to adjustment without national 
 prejudice. The true boundaries of the State were defined as in 
 
 48. Southern Quarterly Review, Vol. II, pp. 218-2 V 23. 
 
 68 
 
the treaty of May 14, 1836, when its independance was acknowl 
 edged by Mexico. Since Texas was slaveholding, it was the duty 
 of the South not to see any part of its territory transferred to 
 the Federal Government without a formal declaration that the 
 same should remain slave territory; and it was also its duty to 
 oppose the attempts of Northern fanatics to get possession of any 
 portion of its soil south of 36 31 for free labor. As if the 
 above were not sufficient for the purpose at hand, it was stated 
 that no agreement between the United States and Texas, for a 
 cession of soil, could discharge the Government of its former 
 obligation to admit four new slave States, to be formed out of 
 Texas territory. 
 
 The acquisition of territory, it was declared, added nothing 
 to the legislative power of the Government, which was derived 
 from the Constitution, and could not be increased or diminished, 
 except by amendment. Slavery existed in the United States 
 independently of the Constitution, and Congress had no power 
 either to create or to destroy it. The Wilmot Proviso was de 
 grading to the South. In case the dominant majority in the 
 National Government should refuse to recognize the great con 
 stitutional rights asserted in the resolutions, the division line of 
 36 30 in the territories was demanded. A protest was regis 
 tered against the reception of Abolitionists petitions at Wash 
 ington, and Congress was reminded of its duty to provide for the 
 more effective rendition of fugitive slaves in accordance with 
 the provisions of the Act of 1793. Since the delegates could not 
 conclude that Congress would adjourn without an adjustment 
 of the sectional questions, they expressed themselves as not at 
 liberty to bring dishonor upon the Southern States by discussing 
 measures of resistance to measures not yet adopted. In order to 
 await the results of the deliberations at Washington, the last 
 resolution provided that when the convention adjourned "it 
 adjourned to meet at Nashville, in the State of Tennessee, the 
 6th Monday after the adjournment of the present session of 
 Congress, and that the Southern States be recommended to fill 
 their delegations forthwith." 49 The truth is, there was no legis 
 lation to form a basis for resistance, and the moderate majority 
 may have thought to dispose of the whole matter by delaying 
 
 49. For the resolutions see the Journal of the Convention, pp. 3-8. 
 
 69 
 
action until after a compromise had been accepted by Congress. 
 One other proceeding of the convention, the address to the 
 people of the South, 50 is yet to be considered. It was written 
 by R. Barnwell Rhett, of South Carolina. 51 While more em 
 phatic than the resolutions adopted, it was not especially radical 
 or anti-Union in tone. Its consideration brought out the most 
 animated debate of the session. Ultra Southern speeches were 
 made by Walter F. Colquitt, of Georgia, who, after professing 
 great love for the Union, said he would advise the Southern 
 States to be moulding bullets, casting cannon, and filling arsenals, 
 in order to defend their rights, and by Beverly Tucker, of Vir 
 ginia. Rash proposals were condemned by Judge Hunter, of 
 Virginia, and General Pillow, of Tennessee. 52 Throughout this 
 and the other proceedings, the members of the South Carolina 
 delegation spoke little, and gave the lead to others 53 an attitude 
 upon the part of the delegates that characterized the attitude of 
 the State during the course of the struggle over slavery in the 
 Territories. The address was adopted unanimously by vote of 
 the States, but Messrs. Davis, Abercrombie, Murphy, Judge 
 Byrd, and Hunter, of Alabama ; Gholson, of Virginia ; Foreman, 
 of Florida ; and Sharkey, of Mississippi, voted against it. 54 
 Judge Sharkey also strongly condemned the measure in a speech 
 to the convention. 55 A minority report, signed by A. O. P. 
 Nicholson and Aaron V. Brown, of Tennessee ; William M. Mur 
 phy, of Alabama; Arthur J. Foreman, of Florida; and Samuel 
 C. Roane, of Arkansas, members of the committee on resolu 
 tions, concurred in recommending the resolutions to the conven 
 tion, but dissented from the majority opinion in regard to the 
 address, upon the ground that their rightful duties had been 
 performed in accordance with their instructions by preparing 
 and recommending the resolutions, that had previously been 
 reported. 56 
 
 50. Entitled "An Address to the People of Maryland, Virginia, North Carolina, 
 South Carolina, Georgia, Florida, Alabama, Tennessee, Kentucky, Louisiana, Texas, 
 Missouri, Mississippi and Arkansas, by the Nashville Convention." 
 
 51. B. F. Perry s Reminiscences, p. 134; Du Bose, Life of Yancey, p. 247; 
 Phelan. History of Tennessee, p. 434. 
 
 52. Daily National Intelligencer, June 11 and 12, 1850. 
 
 53. Ingraham, The Sunny South, p. 132. 
 
 54. Daily National Intelligencer, June 12, 1850. 
 
 ">5. Southern Quarterly Review, Vol. II, pp. 224-225. 
 56. Journal of the Convention, p. 21. 
 
 70 
 
The address was merely a restatement of the Southern posi 
 tion, as previously set forth by Calhoun in his speeches and 
 resolutions, but lacking, in tfie orderly and logical arrangement 
 of the latter. The gist of the whole argument was that the agita 
 tion against the institution of slavery, having once entered the 
 public mind in the free States, and reinforced by religious 
 enthusiasm as it was, would soon sweep it from the broad and 
 fertile South, unless checked. Already the pro-slavery section 
 had lost much of its former power, the majority against it in 
 Congress was greater than ever before, and the prospect of the 
 early admission of several new Northern States promised to 
 make its position in the Union worse still. The ballot-box was 
 powerless for their protection, and in the recent action of the 
 free States, with few exceptions, there was no proof of a return 
 ing sense of justice. An attempt was made to show that the 
 proposed compromise measures were inconsistent with Southern 
 rights, and unworthy of their acceptance, since all of the con 
 cessions were in favor of the North. The whole situation called 
 for action looking towards the relief of the minority, but since 
 they would be in doubt as to what Congress would do until it 
 adjourned, it was necessary for the convention to hold another 
 session, and the address closed by recommending and exhorting 
 the people of every Southern State to send delegates from every 
 district, to meet at Nashville when they reassembled. The Con 
 stitution and the Union it created were to be preserved, and their 
 liberties and institutions maintaned. 57 This address was clearly \ 
 a measure to prepare the way, by arousing public opinion in the / 
 South, for accomplishing at the second session what the first had i 
 failed to do : namely, the union of the South. 
 
 As a means of uniting the South, the Nashville convention 
 had been a failure. Only nine of the Southern States were repre 
 sented; and, when we consider that the basis for representation 
 was the same as that adopted for the selection of delegates to 
 nominate presidential candidates, it is seen that several of these 
 sent so few delegates that we can safely conclude that they did 
 not take any great interest in the convention. The death of 
 Calhoun, in March preceding the meeting of the delegates, de 
 prived the South of a leader, but had he been present to influence 
 
 57. Journal of the Convention, pp. 9-21. 
 
 71 
 
proceedings, we have no reason to suppose that the result would 
 have been otherwise than it was. Throughout, he had reckoned 
 without the masses, whose support is necessary for the success 
 of any great movement of the kind ; in other words, his campaign 
 of education had effected only the leaders of the Southern rights 
 movement. The people were either opposed or indifferent to 
 his plans, and it took ten more years of agitation to arouse them 
 to the point of open resistance. His Southern party project was 
 twice brought up during the last day of the session by Andrew 
 H. Dawson, of Georgia, who, first at the morning session, and 
 again in the afternoon, offered a resolution advising the forma 
 tion of all parties in the South into a new party, to be called the 
 "Southern Republican Party," with the motto "The Union of 
 the South for the Sake of the Union." At the morning session 
 it was objected to, and withdrawn ; in the afternoon it was laid 
 on the table without debate. 58 
 
 The question, What did Calhoun hope to accomplish by a 
 union of the South? now comes before us. We might say that 
 he was intent upon preserving Southern interests, but such a 
 statement would not be specific enough. In his letter to an Ala 
 bama legislator he had written of the convention: "Let that be 
 called, and let it adopt measures to bring about the co-operation, 
 and I would underwrite for the rest." 59 What was "the rest" 
 to which he referred? The same letter partly explains. By 
 bringing about united action upon the part of the Southern 
 States, he hoped to impose commercial restrictions upon the 
 North. By leaving the Mississippi River open to Western trade, 
 he hoped to win that section from its commercial and political 
 alliance with the Northeastern States. The South and West 
 combined could guarantee those steps that he mentioned as being 
 necessary for the preservation of the Union in his speech on the 
 Compromise measures of 1850, the most important of which was 
 the amendment to the Constitution. 00 His discourse on govern 
 ment informs us of the nature of this amendment, which pro 
 vided for two Presidents for the country, one chosen by the 
 North, and one by the South, and requiring each to approve all 
 
 58. Republican Banner and Nashville Whig, June 13, 1850. 
 
 59. See Chapter I, pp. 13-14. 
 
 60. See Chapter III, p. 53. 
 
acts of Congress before they became laws. 61 Calhoun s object 
 was to apply to the nation the experience of South Carolina in? 
 conserving the power of the minority, in the slavery employing 
 counties of the lowlands, against the free majority, in the interior 
 counties of the State. Upon this matter, Professor Turner wrote 
 as follows : "In 1794 it was claimed by the up-country leaders 
 that four-fifths of the people were governed by one-fifth. Nor 
 was the difficulty met until the constitutional amendment of 
 1808, the effect of which was to give the control of the Senate to 
 the lower section, and of the House of Representatives to the 
 upper section, thus providing a mutual veto. This South Caro 
 lina experience furnished the historical basis for Calhoun s argu 
 ment for nullification, and for the political philosophy under 
 lying his theory of the concurrent majority ." 62 
 
 61. Discourse on the Constitution and Government of the United States, Cal 
 houn s Works, Vol. I, p. 392. 
 
 62. Turner, The Old West, p. 227. 
 
 73 
 
CHAPTER V. 
 THE COMPROMISE QUESTION BEFORE THE COUNTRY. 
 
 So far as Congress was concerned, the territorial and other 
 troublesome questions of the time had been settled by the adop 
 tion of the compromise measures, but it remains to be seen how 
 the adjustment was viewed in the country at large. It was 
 evident from the first that radicals in both sections would be 
 dissatisfied with the settlement. Even before the adjournment 
 of Congress, an indication of what was to be expected from 
 Southern extremists was manifested by the action of several 
 Southern Senators, who, after ineffectually seeking to bring 
 about the acceptance of an extension of the Missouri Compromise 
 line of 36 30 to the Pacific, united in an unsuccessful attempt 
 to enter a solemn protest against the admission of California 
 upon the Journal of the Senate. 1 But such views upon the part 
 of Jefferson Davis and his followers did not find an echo in the 
 prevailing sentiment at Washington. President Fillmore and Sec 
 retary of State Webster were enthusiastically serenaded by the 
 Union members of the House of Representatives, 2 and news of 
 the passage of the several acts of compromise was received with 
 demonstrations of great joy in the city. 3 In how far the senti 
 ments expressed at Washington indicated the sentiments of the 
 whole country, an inquiry into the state of the public mind in 
 the Northern and Southern sections will disclose. 
 
 To repeat, it goes without saying that the Congressional 
 adjustment would not satisfy the radicals in either section. Gar 
 rison spoke for the Abolitionists when he declared that "The 
 time has come to preach disunion on the highest moral and reli 
 gious grounds. The Constitution of the United States is a 
 covenant with death and an agreement with hell." 4 Many of 
 his followers actually petitioned Congress for a dissolution of 
 the Union. 5 They were especially indignant at the passage of 
 
 1. Senate Journal, 31 Cong., 1 Sess., pp. 558, 561. 
 
 2. Poore, Perley s Reminiscences, Vol. I, p. 384. 
 
 3. Milliard, Politics and Pen Pictures, pp. 232-233. 
 
 4. Weekly National Intelligencer, February 2, 1850. 
 
 5. Cong. Globe, 31 Cong., 1 Sess., p. 319. 
 
 74 
 
the fugitife slave law, and during the autumn of 1850 public 
 meetings, held in all parts of the North, denounced it as uncon 
 stitutional, unchristian, and demanded its repeal. 6 At Syracuse, 
 New York, a public meeting adopted resolutions declaring that 
 no peace should come until the "Higher Law" had the ascen 
 dency in the councils of the nation. 7 An Abolitionist convention 
 in Pennsylvania declared "That the present Congress of the 
 United States had stamped itself with indelible infamy by the 
 passage of the Fugitive Slave Bill, and any man who aids in its 
 execution is guilty of treachery to humanity, and treason against 
 God." 8 
 
 But the act met with more serious Northern opposition than 
 was contained in resolutions adopted at public meetings and 
 conventions. The city authorities of Boston, carrying out the 
 purpose of the new fugitive slave law to the letter, arrested, 
 February, 1851, an escaped negro named Shadrach. While con 
 fined in the court room, by reason of the Massachusetts law 
 forbidding the use of the jails for the confinement of fugitive 
 slaves, he was rescued by a negro mob, and made his escape to 
 Canada. 9 This proceeding caused Henry Clay to move a Senate 
 resolution requesting the President to signify whether any addi 
 tional legislation was necessary for a proper execution of the 
 new law. 10 President Fillmore issued a special proclamation, in 
 which he deplored the whole proceeding, and advised a more 
 wholesome respect for the enactments of Congress. 11 Neverthe 
 less, in spite of all efforts to prevent, some of the most highly 
 respected citizens of Boston did not hesitate in expressing their 
 approval of the rescue, and a vigilance committee was formed 
 to bring about a repetition of the proceedings should the occa 
 sion present itself. They did not have long to wait. In April a 
 fugitive named Sims was arrested. A meeting of the vigilance 
 committee was held in the office of Garrison s "Liberator," and 
 plans of rescue were adopted. Another meeting, presided over 
 by Horace Mann, the great educator, was held in Tremont 
 Temple for the same purpose. The authorities, profiting by the 
 
 6. Smith, Parties and Slavery, p. 16. 
 
 7. Du Bose, Life of Yancey, p. 256. 
 
 8. Republican Banner and Nashville Whig, November 11, 1850. 
 
 9. Higginson, Cheerful Yesterdays, p. 135. 
 
 10. Senate Journal, 31 Cong. 2 Sess., p. 187. 
 
 11. Richardson, Messages and Papers, Vol. V, pp. 109-110. 
 
 75 
 
Shadrach experience, guarded their prisoner so well that all 
 plans for his rescue had to be abandoned, 12 but the general 
 excitement, and the high standing of the participators in the 
 attempted rescue, showed the difficulties in the way of enforcing 
 the law. If doubts upon that score remained, similar proceed 
 ings in other sections of the North soon put them to rest, and at 
 the same time showed the powerlessness of written law as com 
 pared with the power of public opinion, backed up by strong 
 convictions. 
 
 The attitude of the Abolitionists Southern counterpart, the 
 so-called "Fire Eater," was well set forth in the words of ex- 
 Governor Troup, of Georgia, who declared: "All remedies 
 short of force or conventional agreement, I reject." 13 and the 
 practical application of such views was soon attempted by Gov 
 ernor Quitman, of Mississippi. 14 We have now presented for 
 our consideration the unusual situation where extremists upon 
 both sides of a national question were clamoring for the same 
 solution in this case, the dissolution of the Union. Occupying 
 a position midway between them, the great mass of the people 
 /of the country were contented with conditions as they then were, 
 and only asked to be left to the quiet enjoyment of abundant 
 harvests, and general prosperity. 15 To quote A. H. Stephens: 
 "The truth is, an overwhelming majority of the people, North 
 as well as South, were in favor of maintaining the principles 
 affirmed by the measures of 1850. " 16 
 
 Naturally enough, the citizens in the larger trade centers of 
 the country viewed the agitation of Abolitionists and Seces 
 sionists alike with alarm; they did not want to lose the advan 
 tages of a trade carried on with all parts of the country. This 
 feeling was very pronounced among the business men of New 
 York City, and it led to immediate steps being taken for the 
 promotion of harmony and good feeling. A committee, com 
 posed of one hundred of the most respected citizens, was ap 
 pointed, and named the Committee of Safety of New York. Its 
 duty was to promote the cause of union and harmony, and the 
 
 12. Higginson, Cheerful Yesterdays, pp. 139-141. 
 
 13. Letter to John G. Slappey, Harden, Life of Troup, Appendix, p. 19. 
 
 14. Quitman s part in the movement is discussed in the next chapter. 
 
 15. Sargent, Public Men and Events, Vol. II, pp. 376-377; Weekly National 
 Intelligencer, February 2, 1850. 
 
 16. Stephens, The War Between the States, Vol. II, p. 235. 
 
 76 
 
enforcement of the laws, the compromise laws in particular. 
 Their motto was, * The Union, the Constitution, and the Enforce 
 ment of the Laws." 17 
 
 Union meetings were held in many cities and towns at the 
 North, at which prominent men of both political parties took 
 part, and resolutions endorsing and pledging support to the 
 compromise measures were passed. 18 One of these, held in the 
 city of New York, October 30, 1850, voted the thanks of the 
 community and of the nation "to those eminent patriots and 
 statesmen, Clay, Cass, Webster, Fillmore, Dickinson, Foote, 
 Houston, and others," resolved to sustain the fugitive slave law 
 by all lawful means, and pledged those present not to vote for 
 any man for office who favored further slavery agitation. 19 
 After the adjournment of Congress, Northern members of both 
 Houses, on their way homeward, were given a public reception 
 by the citizens of New York, in recognition of their patriotic 
 action in passing the compromise measures. General Cass ad 
 dressed those assembled upon this occasion. 20 The feeling in 
 Pennsylvania, outside of Abolitionist ranks, was expressed in 
 the call issued for a meeting at York of "all citizens opposed to 
 the movements of fanatics in the North, the South, or elsewhere, 
 who are distracting the country, and seeking to divide our 
 glorious Union." 21 Even at Boston, that Abolitionist city that 
 sheltered Garrison and his "Liberator," a compromise meeting 
 was held, 22 and beyond the Mississippi River, at Burlington, 
 Iowa, a public gathering recognized "the right of our brethren 
 of the slave States to have their fugitives delivered up. : At 
 Chicago, a public meeting, addressed by Stephen A. Douglas, 
 expressed a determination to support and sustain the fugitive 
 slave law. 24 A large majority of the people at the North were 
 unquestionably in favor of the compromise. 
 
 The National Intelligencer stated that when it became known 
 that Congress was about to adopt the measures of settlement, it 
 
 17. Sargent, Public Men and Events, Vol. II, p. 386. 
 
 18. Ibid, p. 378. 
 
 19. New York Tribune, October 31, 1850. 
 
 20. Smith, Life and Times of Lewis Cass, p. 710. 
 
 21. Tri- Weekly National Intelligencer, January 7, 1851. 
 
 22. Smith, Parties and Slavery, p. 16. 
 
 23. Tri-Weekly National Intelligencer, September 17, 1850. 
 
 24. Sheahan, Life of Douglas, p. 162. 
 
 77 
 
could fill a double sheet of forty- eight columns with extracts full 
 of joy and congratulation from the South and West alone. 2 " i 
 Even when the Nashville convention w r as in session, compromise 
 meetings, with memberships made up irrespective of party fol 
 lowing, were held in the city of Nashville, 2 " and in Smith 
 County, 27 Tennessee, and resolutions in favor of such an adjust 
 ment were unanimously adopted. Congress had hardly finished 
 its work when a Union meeting in Mississippi adopted a set of 
 resolutions endorsing its action, approved the course of their 
 Senator, Henry S. Foote, who had been prominent in supporting 
 Clay s resolutions, and dissented from the recommendations of 
 the Nashville convention. 28 Governor Quitman, of that same 
 State, was, in the meantime, striving to keep alive the spirit of 
 disunion. A meeting of two hundred citizens, addressed by him 
 at Natchez, was prevented from adopting anti-compromise reso 
 lutions by the withdrawal of the loyal men, which left such a 
 small attendance that action was deemed inexpedient. A meet 
 ing at Yazoo City voted down disloyal resolutions. 29 In Alabama, 
 meetings at Montgomery, largely attended by Whigs from the 
 slave counties in the vicinity, and in Marengo County, the most 
 populous county in the State, ratified the compromise measures. 30 
 The Secessionists, doubtless thinking it useless in the face of the 
 sentiment shown at the two meetings, made no attempt to induce 
 the Governor to act in any way upon the subject, but under the 
 lead of Yancey, Southern Rights associations were formed. 31 
 
 What little contest there was in Alabama took place during 
 the State election of 1851, and that was almost entirely confined 
 to the election of Representatives to Congress. 32 One of the 
 phases which it took on deserves special notice, by reason of the 
 fact that the question at issue was the policy of influencing the 
 Southern people to oppose measures of the general Government 
 touching Southern institutions. Congressman Henry W. Hil- 
 liard, whose previous course of action had marked him as a strong 
 
 25. Daily National Intelligencer, September 17, 1850. 
 
 26. Republican Banner and Nashville Whig, June 3, 1850. 
 
 27. Ibid, June 7, 1850. 
 
 28. September 23, 1850. Weekly National Intelligencer, October 10, 1850. 
 
 29. Weekly National Intelligencer, October 24, 1850. 
 
 30. Du Bose, Life of Yancey, p. 251. 
 
 31. Ibid, p. 250. 
 
 32. Ibid, p. 261. 
 
 78 
 
Union man, 33 declined to run again for office, but he consented 
 to make a few speeches in favor of the Whig candidate in the 
 Montgomery district. The Democrats decided that some one 
 representing their candidate should meet him at the places where 
 it had been announced that he would speak, and Yancey was 
 chosen. The actual candidates stood apart while this contest of 
 oratory w T as going on. Hilliard is described as having a great 
 advantage over Yancey in literary accomplishments, while Yancey 
 excelled in knowledge of men, and was a better master of the 
 passions. 34 It appears that opinion in Alabama was about 
 equally divided as to which was the greater orator. The result 
 of the canvass was the full vindication of Hilliard s Union views 
 on the nature of the Federal Government, through the election 
 of the Whig candidate. 35 During the State election there was 
 no contest between the Secessionists and Unionists on the direct 
 issue of accepting the compromise. A States Rights Democrat, 
 S. W. Harris, was re-elected to Congress rVom the Third Dis 
 trict, and Yancey received a complimentary vote of 414 for 
 Governor. 36 
 
 The General Assembly of Kentucky passed a resolution, 
 January 24, 1850, at the very beginning of the agitation over 
 Clay s resolutions, that left few doubts as to what action could 
 be expected from that State. The Governor was authorized, and 
 requested, to have a suitable block of native marble sent to 
 Washington for the monument being erected to the memory of 
 President Washington, and that the following words should be 
 engraved upon it: "Under the auspices of Heaven and the 
 precepts of Washington, Kentucky will be the last to give up 
 the Union ; 37 and when we recall what action was taken by the 
 State at the beginning of the Civil War, it is seen that the state 
 ment was not an idle one. The determining factor in regard to 
 Kentucky s attitude, and we must not lose sight of it when 
 seeking a reason for Henry Clay s activity in favor of compro 
 mise throughout his Congressional career, was clearly brought 
 
 33. Hilliard, Politics and Pen Pictures, pp. 207-210. 
 
 34. Smith, Reminiscences of a Long Life, pp. 222-223. 
 
 35. For details of the Hilliard-Yancey contest see Hilliard, Politics and Pen Pic 
 tures, pp. 250-254; Mellen, Henry W. Hilliard and William L. Yancey, in the Sewanee 
 Review for January, 1909. 
 
 36. Du Bose, Life of Yancey, pp. 261-266. 
 
 37. Acts of the General Assembly, 1849-1850, Resolution No. 5 
 
 79 
 
out in Governor Crittenden s message to the State Legislature, 
 December, 1849, when he stated that "To Kentucky and the 
 other Western States in the Valley of the Mississippi, the Union 
 is indispensable to their commercial interests." 38 
 
 News of the passage of the compromise was well received in 
 Texas, 39 and the formal acceptance of the boundary settlement 
 by the Legislature of the State removed the most dangerous 
 question of the whole controversy from the field of agitation. 40 
 No excitement of a dangerous nature was reported west of the 
 Mississippi River. In Virginia, as in the other border States, 
 the general feeling was favorable to the Congressional settle 
 ment, but the non-observance of the fugitive slave law at the 
 North provoked the indignation of Governor Floyd, who recom 
 mended, in a message to the State Legislature, a system of taxa 
 tion by license, so arranged that it would transfer the trade of 
 the Commonwealth from those States that failed to observe the 
 compromise to those that abided by it. 41 South Carolina, as 
 usual, leaned toward disunion, and called loudly for a South 
 ern congress, where the preliminary steps towards that end could 
 ,be taken, 42 and Georgia and Mississippi experienced secession 
 struggles, brought on by State Rights leaders ; but their cases 
 will receive special treatment in following chapters, and need 
 not detain us here. 
 
 As was stated in the preceding chapter, the Nashville con 
 vention adjourned to meet again the sixth Monday after the 
 adjournment of Congress, when it was confidently expected that 
 definite knowledge as to Congressional action Xvould leave the 
 which favored its assembling the previous June had lost most 
 way clear for the convention to take action in behalf of Southern 
 rights. It met November 11, 1850, was in session seven days, 
 and, like the first, proved abortive. From the reduced size of 
 of what popularity it ever had, after the adoption of the com 
 promise measures. Georgia and Florida were the only States 
 that sent as many delegates as to the first session, but South 
 Carolina only lacked one of its former representation. The 
 
 38. Coleman, Life of Crittenden, Vol. I, pp. 250-252. 
 
 39. Daily National Intelligencer, October 1, 1850. 
 
 40. November 25, 1850. See President Fillmore s special proclamation upon the 
 subject. Richardson, Messages and Papers, Vol. V, p. 109. 
 
 41. William L. Garrison by His Children, Vol. Ill, p. 279. 
 
 42. Tri-Weekly National Intelligencer, January 7, 1851. 
 
 80 
 
Alabama delegation had dwindled from twenty-two to five; the 
 Mississippi delegation from twelve to eight ; and Virginia sent 
 a single delegate, in place of six, as upon the former occasion. 
 Tennessee had fourteen present. Texas and Arkansas were un 
 represented, thus leaving seven States taking part in the pro 
 ceedings, instead of the former nine. 43 What was particularly 
 evident throughout the proceedings, and what was perfectly 
 natural under the circumstances, was that, whereas the first 
 session had been made up largely of men holding moderate, 
 views, the second was composed almost entirely of radicals. Most 
 of the Union men had refused to attend, and it is probable that 
 many of that type who were in attendance were there solely for 
 the purpose of influencing proceedings. This seems to have been 
 the case with the Tennessee delegates at all events. Judge 
 Sharkey, who had played such an influential part at the first 
 session, was not present, but was engaged in delivering Union 
 most of the State delegations, it is clear that the movement 
 speeches at the time. 44 
 
 In the absence of Judge Sharkey, Governor McDonald, of 
 Georgia, was chosen president, 45 and proceedings were begun 
 with a Secessionist in the chair. Another feature that distin 
 guished the second session from the earlier one was the prominent 
 part played throughout by the men from South Carolina, who 
 had evidently become convinced that they would have to recede 
 from their former position of inaction if anything of a positive 
 nature were to be accomplished. That they were determined to 
 bring the convention to the adoption of the extreme policy advo 
 cated by their State, if possible, is clear from the position, taken 
 by Langdon Cheves, of their delegation, who, when South Caro 
 lina was called in the roll of States, presented a resolution 
 "That secession by the joint action of the slaveholding States is^ 
 the only efficient remedy for the aggravated wrongs which they 
 now endure, and the enormous evils which threaten them in the 
 future, from the usurped and now unrestricted power of the 
 Federal Government." 46 He gave his views on Government 
 
 43. Republican Banner and Nashville Whig, November 19, 1850; Nashville Daily 
 Gazette, November 19, 1850. 
 
 44. See an account of a speech delivered by him at Vicksburg, Republican Ban 
 ner and Nashville Whig, November 14, 1850. 
 
 45. Ibid, November 12, 1850; Daily Nashville American, November 12, 1850. 
 
 46. Republican Banner and Nashville Whig, November 15, 1850. 
 
 81 
 
action in relation to the Territories in a speech that occupied 
 three hours in its delivery, during which time he made statements 
 the following one of which is but a fair sample: "I have said 
 they have made the appropriation of this territory an instru 
 ment to abolish the Constitution. There is no doubt they have 
 abolished the Constitution. The carcass may remain, but the 
 spirit has left it. It is now a fetid mass, creating disease and 
 death. It stinks in our nostrils." 47 A majority of the members 
 did not approve of such undisguised disunion sentiments, and 
 one of the leading newspapers in the city refused to print the 
 speech for the following reason : "It would occupy some ten or 
 twelve columns in our paper a space that we are not willing to 
 appropriate to the promulgation of such sentiments." 48 
 
 The proceedings at the adjourned session, unlike those of the 
 first meeting, were stormy in the extreme. Several of the dele 
 gations presented two or more sets of resolutions, expressing 
 entirely different views, and showing a lack of unanimity even 
 among the representatives of a single State. Those of Georgia 
 and Mississippi were the most marked in this respect, and the 
 measures recommended varied from immediate declarations of 
 independence, in case the North continued anti-slavery agitation, 
 to acquiescence in the compromise adjustment. 49 Both sets of 
 the Tennessee resolutions, the majority series presented by Gen 
 eral Pillow, and the minority by Judge Donaldson, recommended 
 an acceptance of the compromise measures, but the former dif 
 fered from the latter in that they made acquiescence conditioned 
 upon the good faith of the North in fulfilling its part of the 
 agreement. 50 All in all, while some of the proposed resolutions 
 were very outspoken upon the subject of Southern rights, none 
 compared in this respect with the single resolution presented by 
 Langdon Cheves, of South Carolina. None of the others com 
 mitted themselves beyond recommending a Southern Congress, 
 or proposing the arming of the South in defense of its Constitu 
 tional rights. 
 
 The preamble and resolutions adopted upon the last day of 
 the session were radical, although the first of the latter professed 
 
 47. Republican Banner and Nashville Whig, November 16, 1850. 
 
 48. Daily Nashville Union, November 21, 1850. 
 
 49. Republican Banner and Nashville Whig, November 15 and 18, 1850. 
 
 50. Ibid, November 14, 1850. 
 
 82 
 
a cordial attachment to the Constitutional Union of the States, 
 and declared that the purpose of the convention was to preserve 
 the Union. The passage of the compromise measures, it was 
 asserted, had fulfilled all of the evils anticipated by the South, 
 and it was earnestly recommended to all parties in the slave- 
 holding States that they refuse to go into any national conven 
 tion, under any party denomination whatever, until their consti 
 tutional rights had been secured. This proposition came the 
 nearest to recommending the Calhoun plan of Southern union 
 of any of the measures proposed during the proceedings. Final 
 action, as at the first session, was referred, this time to a "con-/ 
 gress or convention" earnestly recommended to the slaveholding 
 States, "to be held at such time and place as the States desiring 
 to be represented may designate," and each State delegation to 
 be composed of twice as many members as that State had Sena 
 tors and Representatives in the Congress of the United States. 
 The insufficient authority given the delegates had proved a 
 serious drawback upon two occasions, so it was recommended 
 that the representatives sent to the proposed congress or con 
 vention be "entrusted to deliberate and act with the view and 
 intention of arresting further aggression, and, if possible, of 
 restoring the constitutional rights of the South ; and, if not, then 
 to provide for their future safety and independence. The most 
 definite thing about the whole proceedings was the statement of 
 the right of secession in the preamble. 
 
 This preamble and the resolutions were adopted by States, 
 six voting for, and one, Tennessee, voting against. Judge Don 
 aldson, of the latter State, made an ineffectual effort to bring 
 about a reconsideration of the vote, and the convention adjourned 
 while he was upon the floor vainly trying to record his protest 
 "against the unhallowed purposes of the convention" 51 a fitting 
 climax to the part played by a majority of the Tennessee dele 
 gates, who had opposed the proceedings throughout. The dele 
 gates went home, followed by cries of * Treason from the press 
 of the State, which had been inclined to favor the movement the 
 preceding June ; 52 and no better evidence of the futility of their 
 work is needed than the fact that the proposed congress never 
 met. 
 
 51. Republican Banner and Nashville Whig, November 19, 1850. 
 
 52. Nashville Daily Gazette, November 20. 1850. 
 
 33 
 
CHAPTER VI. 
 
 THE SECESSION MOVEMENTS IN GEORGIA AND IN 
 MISSISSIPPI, 1850-1851. 
 
 In the preceding chapter, an attempt was made to show that 
 the general feeling, North and South, was favorable to the com 
 promise measures of 1850, and also to show that the attempt 
 upon the part of Southern radicals to bring about the united 
 opposition of the South to their acceptance, through the instru 
 mentality of the second session of the Nashville convention, had 
 ended in failure. Thereafter, the opposing movement took the 
 form of single State action ; first in Georgia, then in Mississippi, 
 and finally in South Carolina. The present chapter deals with 
 the two first named, South Carolina being reserved for later 
 consideration, owing to the unusual aspect of affairs in that 
 State. 
 
 Georgia was the field for the first struggle over the accept 
 ance of the compromise measures. Immediately after the passage 
 of those acts, it was extremely difficult to tell upon which side 
 of the question a majority of the people of the State stood, either 
 for submission or resistance to the adjustment, so evenly was 
 sentiment divided. 1 But the highly threatening speeches of the 
 Georgia Representatives at Washington, especially those deliv 
 ered by Toombs and Stephens during the speakership contest of 
 the thirty-first Congress, and the extremely critical months that 
 followed, which had been made largely with the object of fright 
 ening Northern members into compliance with Southern de 
 mands, had brought about a misunderstanding upon the part of 
 the people. They were not cognizant of the underlying motives 
 of their Congressmen, and, interpreting the ultra speeches 
 j literally, were so wrought up in consequence that they were 
 almost ready to declare for immediate secession. 2 Moreover, 
 
 1. Troup to John G. Slappey, Harden, Life of Troup, Appendix, p. 19. 
 
 2. L. J. Glynn wrote to Howell Cobb, September 21, 1850: "The fire-eaters 
 hare i m-le high calculations upon the accession of Messrs. Toombs and Stephens to 
 :h ir cause. Since (lie Latter Day revelations of those gentlemen, however, the stock 
 lias fallen. I confess I have not been able to comprehend the course of those gentle 
 men, unless it be that they intend to place themselves in such a position that they 
 might, wiihout incurring the charge of inconsistency, join either the house of York 
 or Lancaster as circumstances might make it prudent. Many of their own party in 
 this country at least have not approved of the mysterious course they have seen 
 proper to pursue." Cobb Mss. Correspondence. See also Phillips, Georgia and State 
 Rights, pp. 163-164. 
 
 8 4 
 
mass meetings of citizens, held during the preceding summer 
 months, had been well instructed in the subject of Southern 
 rights by R. Barnwell Rhett, of South Carolina; McDonald, of 
 Georgia, the presiding officer at the November session of the 
 Nashville convention; and Yancey, of Alabama. 3 During the 
 earlier part of the year, while the state of affairs at Washington 
 appeared most threatening to Southern interests, the State Legis 
 lature had adopted resolutions making it the duty of the Gover 
 nor, should Congress pass acts admitting California or New 
 Mexico, abolishing slavery in the District of Columbia, doing 
 away with the slave trade between the States, or denying the 
 right to recover fugitive slaves, to call a State convention within 
 sixty days thereafter. 4 Part of the acts having been passed. 
 Governor Towne issued the call, as instructed. 
 
 Such was the state of affairs when Toombs, Stephens, and 
 Cobb reached home, after the adjournment of Congress, and they 
 immediately set to work in order to counteract the disunion 
 movement, 5 and to convince the people that the compromise was 
 a victory for the South, and that their best policy was to accept 
 it. Toombs was especially active. His first act was to issue an 
 address to the people of Georgia, calling upon them to stand by 
 the Constitution and the laws in good faith, until wrong was 
 consummated, or the act of exclusion placed upon the statute 
 books. He frankly stated that the South had not secured its full 
 rights, but great and important principles had been established, 
 dnd continued as follows: "The South has compromised no 
 right, surrendered no principle, and lost not an inch of ground 
 in this great contest. I did not hesitate to accept these acts, but 
 gave them my ready support." With the spirit and purpo.se of 
 the Governor s call for the election of delegates to a convention, 
 he took prompt issue, and declared that the Legislature had 
 endangered the honor of the State, and that the Governor had 
 put the people in a defile. "We must either repudiate this 
 policy, or arm," he wrote; and added that he preferred the 
 former course for his part. 6 The efforts of these three men were 
 so successful that a majority of the delegates elected to the State 
 convention were Union men. In the complex situation of the 
 
 3. Phillips, Georgia and State Rights, p. 164. 
 
 4. February 8, 1850, Acts of Georgia, 1849-1850, p. 122. 
 
 5. Stovall, Life of Toombs, p. 82. 
 
 6. Ibid, p. 83. 
 
 85 
 
parties and factions, it is next to impossible to determine the 
 result with any degree of accuracy, but it was generally conceded 
 at the time that the Unionist majority was 30,000, and that the 
 Disunionists did not elect thirty out of two hundred and sixty 
 delegates. 7 
 
 The convention met at Milledgeville, December 10, 1850, and 
 its membership was made up of the leading citizens of the State, 
 including Stephens and Toombs. The result of the deliberations 
 was the adoption of a long preamble and five resolutions, that 
 were, for the most part, decidedly pacific in character. The 
 preamble, in mild and temperate language, set forth that Georgia 
 found matter for approval, and matter for disapproval, in the 
 compromise adjustment, but that she would abide by the recent 
 action of Congress in hopeful reliance that the people of the non- 
 slaveholding States would yield faithful adherence to that entire 
 action. All of the various measures of settlement were in strict 
 conformity with their desires, except the one admitting Cali 
 fornia as a State of the Union. Upon the expediency of this 
 
 ; measure, separately considered, the people of Georgia were, in 
 { some measure, divided in opinion ; but respect for the other party 
 to the controversy, who had so largely conformed to their views 
 by passing the other measures of the adjustment, would cause 
 even those who regarded it as inexpedient and unconstitutional 
 to abide by it honorably and peaceably. "As for Georgia, her 
 choice is fraternity and Union, with constitutional rights her 
 alternative, self-preservation by all the means which a favoring 
 Providence may place at her disposal," and the people of the 
 North were admonished to pay heed to the voice of one of the 
 "Old Thirteen." 8 
 
 The resolutions declared that Georgia held the American 
 
 Union secondary in importance only to the rights and principles 
 it was designed to perpetuate. If the original thirteen States 
 to the compact found the Union impossible without compromise, 
 the then thirty-one might yield somewhat in the conflict of 
 opinion and policy. In this spirit, the State of Georgia had 
 naturally considered the recent acts of Congress, it was declared. 
 The fourth was the only resolution that contained anything that 
 could in any way be regarded as a threat, or a menace. It stated 
 
 7. Whig Almanac, 1851, p. 64. 
 
 8. Journal of the Convention, pp. 11-19. 
 
 86 
 
that, in the judgment of the convention, the State of Georgia 
 would, and ought to, resist, even to a disruption of the Union, as 
 a last resort, any future act of Congress abolishing slavery in 
 the District of Columbia, without the consent and petition of 
 the slave owners there; any act suppressing the slave trade be 
 tween the States, any act abolishing slavery in places within the 
 slaveholding States, any act refusing admittance to any Terri 
 tory applying therefor, because of the existence of slavery there 
 in, or any act repealing or modifying the laws then in force 
 for the recovery of fugitive slaves. The last resolution stated 
 that upon the faithful execution of the fugitive slave act, by 
 the proper authorities,. depended the preservation of the Union. 9 
 
 The preamble was adopted by the decisive vote of 236 to 23 ; 10 
 and its publication and wide circulation caused a reaction in 
 public opinion throughout the South, and created the opinion 
 were as nothing compared with the necessity for preserving the 
 that all of the wrongs which that section had previously suffered 
 Union. This change of opinion upon the part of the people was 
 due to the efforts of nearly all of the Georgia Whigs in combina 
 tion with a strong section of Democrats from the Northern 
 counties of the State, who followed the lead of Howell Cobb. 11 
 It is thus seen that no one party can claim exclusive credit for 
 the work of stemming the popular movement in opposition to the 
 compromise settlement. 
 
 In spite of the fact that the proceedings of the convention 
 met with the decided approval of an overwhelming majority of 
 the delegates, many in attendance felt the need of a new politi 
 cal organization that would more firmly uphold the principles of 
 the compromise measure. Accordingly, on the night of December 
 12, 1850, a meeting of the prominent members was held between 
 the sessions. 12 The result was the organization of the Constitu 
 tional Union Party, which was largely the work of Toombs and 
 Stephens. All friends of the Union were invited to join the new 
 organization, and Howell Cobb, a Democrat, was selected to run 
 as its candidate for Governor in 1851. The preamble and reso- 
 
 9. Journal of the Convention, pp. 19-20. 
 
 10. Ibid, p. 21. 
 
 11. Phillips, Georgia and State Rights, p. 165. 
 
 12. Stephens, The War Between the States, Vol. II, p. 176; PhUlips, Georgia and 
 State Rights, p. 166. 
 
 8? 
 
lutions served as its platform, which became famous as the 
 Georgia Platform of 1850. 13 
 
 In the State campaign the Union party was opposed by 
 another called the Southern Rights Party, whose platform, based 
 in the main upon the Virginia and Kentucky resolutions of 1798 
 and 1799, claimed that Southern rights had been entirely disre 
 garded by the compromise settlement. 14 It selected as its candi 
 date for the Governorship, ex-Governor McDonald, a Democrat, 
 whose part at Nashville we have already called attention to. In 
 its following this party counted the major part of the Democrat^ 
 of the State. 15 
 
 The campaign was exciting. Toombs, Stephens, and Cobb, 
 were very much in evidence, and as the contest became heated 
 they redoubled their efforts. 16 Toombs traveled from one end of 
 the State to the other making speeches in favor of the candidacy 
 of Cobb and the acceptance of the compromise. His previous 
 ultra speeches in Congress laid him open to the charge of incon 
 sistency, and more than once proved a stumbling block during 
 the progress of the campaign. While speaking at Lexington, the 
 county seat of Oglethorpe county, a supporter of McDonald, with 
 whom he had divided debate, took for his text a particularly in 
 flammatory speech that Toombs had delivered in the National 
 House of Representatives during the excitement of the speaker- 
 ship contest, and compared it with his present words in favor 
 of compromise. Toombs in reply said : If there is anything in 
 my Hamilcar speech that cannot be reconciled with the measures 
 which I have supported here to-day with reasons which my oppo 
 nent confesses by his silence he cannot answer, I repudiate it. 
 If th gentleman takes up my abandoned errors, let him defend 
 them." 17 He thus broke out of a trap and at the same time 
 turned tables upon his adversary in a manner that was charac 
 teristic of him. 
 
 As a result of the canvass Howell Cobb was elected Governor 
 over McDonald by a majority of more than 18,000, and the Leg 
 islature elected was overwhelmingly Union. The Senate member 
 
 13. Phillips, Georgia and State Rights, p. 166. 
 
 14. Stovall, Life of Toombs, p. 87. 
 
 15. Phillips, Georgia and State Bights, p. 166. 
 
 16. Stovall, Life of Toombs, p. 92. 
 
 17. Reed, The Brother s War, pp. 214-216. 
 
 88 
 
ship was composed of thirty-nine Union and eight Southern 
 Rights men; and the House of one-hundred and four Union to 
 twenty-nine of their opponents. 18 Nearly all of the Georgia 
 Whigs, and Howell Cobb s Democratic followers from the north 
 ern part of the State, had supported the Union ticket. 19 
 
 The organization and later success of the Constitutional Union 
 Party had far-reaching consequences. It erected a bulwark against 
 the further spread of the disunion movement, not only in Georgia, 
 but in the other States of the lower South. 20 By planting itself 
 firmly upon the support of the compromise principles, the party 
 won a decisive victory in the State campaign, which was a 
 potent factor in awakening a sincere desire for peace and har 
 mony throughout the section. Thereafter the Secessionists, de 
 feated in their immediate aims, accepted the Georgia Platform 
 as a declaration setting forth the limit of what they were willing 
 to concede to the North. 21 
 
 While opposition to measures that were regarded as infringe- ! 
 ments upon Southern rights was quite general in the South, / 
 hostile sentiment with regard to Congressional action in refer 
 ence to the Territories was more pronounced in South Carolina i 
 and in Mississippi than in any of the other slaveholding States. , 
 Mississippi is classed with South Carolina owing to the fact that ; 
 she was thoroughly indoctrinated with the principles of the I 
 South Carolina school of politicians. 22 This process of indoc 
 trination began soon after, and in consequence of, the address 
 which Southern members of Congress, under the influence of 
 Calhoun, had issued to the South in January, 1849, 23 and as we 
 have already seen, its more immediate manifestation was the 
 calling of the Nashville Convention. The spirit of opposition 
 thus awakened was kept alive by ambitious leaders, and when 
 the compromise measures were passed by Congress an influential 
 portion of the inhabitants of Mississippi were in a proper frame 
 of mind to resist them even to the extent of dissolving the Union. 
 
 The most influential man in Mississippi, barring Jefferson 
 Davis, was Governor John A. Quitman, an avowed and active 
 
 18. Whig Almanac, 1852, p. 56. 
 
 19. Phillips, Georgia and State Rights, p. 166. 
 
 20. Stovall, Life of Toombs, p. 81. 
 
 21. Du Bose, Life of Yancey, p. 295. 
 
 22. Cong. Globe, 32 Cong., 1 Sess., Appendix, p. 282. 
 
 23. Ibid, p. 169. 
 
 89 
 
advocate of secession, to whom Southern radicals looked for lead 
 ership. His case, which was typical of several Southerners of 
 the "Fire Eater" class, deserves brief mention here. He was a 
 Northern man by birth, being a native of the State of New 
 York. After arriving at manhood he had made his way to Mis 
 sissippi where he became a successful lawyer. When the Mexican 
 war broke out, he was given a command in the Mississippi forces, 
 served with distinction in Mexico, and, by reason of the popu 
 larity thus gained, was elected Governor of the State in 1849. 
 
 His active efforts in behalf of Southern rights began with his 
 inauguration. A few days prior to that event he received a 
 letter, January 1, 1850, signed by the Senators and Representa 
 tives in Congress from Mississippi, including Senator Henry S. 
 Foote, advising him that in their opinion California would be 
 admitted to the Union, during that session of Congress, with a 
 Constitution excluding slavery, and stating that they would be 
 greatly pleased to have such expression from the Legislature, the 
 Governor, and, if possible, the people, as would clearly indicate 
 the course which Mississippi deemed it proper to pursue in the 
 new emergency. 24 In his inaugural address, ten days later, Gov 
 ernor Quitman devoted considerable time to the sectional issue. 
 Slavery was declared to be an institution tolerated by the 
 Supreme Being, and essential to the welfare of the South. The 
 Congressional action against its perpetuation was vigorously de 
 nounced, and he pledged himself to firmly execute the will of the 
 people of Mississippi, as recently indicated, 25 to the extent of his 
 constitutional powers. 26 It was on account of this pronounced 
 and decisive stand in reference to Congressional action touching 
 the institution of slavery that Southern radicals turned to him 
 for leadership. 27 
 
 "When Texas was about to take armed possession of the terri 
 tory in dispute with New Mexico, he was looked to for aid and 
 advice by the resistance party in that State. Should the Presi 
 dent order the United States troops stationed in that quarter 
 to resist their attempts to enforce jurisdiction, would he can- 
 
 24. Cljiihorne, Life of Quitman, Vol. II, p. 34. 
 
 25. Through the State Convention of October, 1849, the one that proposed the 
 Nashville Convention. 
 
 20. Claiborne, Life of Quitman, Vol. II, pp. 21-24. 
 27. Ibid, p. 21. 
 
 90 
 
didly inform them how far Mississippi was prepared to redeem 
 the pledge made by her members in the Nashville Convention? 
 Would she stand by Texas in the contest? 28 His reply stated 
 that if Texas stood firmly in defense of her rights he would not 
 be found wanting in the discharge of his duty, but what he was 
 waiting for was her response to the $10,000,000 bribe, as he ex 
 pressed it. Just as soon as he became satisfied that a collision 
 of arms was prabable he would convene the Legislature upon the 
 shortest possible notice, in order to adopt efficient measures for 
 aid, and he had no doubt that the other Southern States would 
 do the same. 29 But the acceptance by Texas of the so-called 
 $10,000,000 bribe removed the possibility of his forcing the issue 
 to a clash of arms with the National Government upon that ques 
 tion. 
 
 The enactment of the compromise measures produced great 
 excitement in Mississippi, as had been the case in Georgia. With 
 out in any way consulting the people or ascertaining their opin 
 ions as to the advisability or expediency of the move, Governor 
 Quitman issued a proclamation calling a special session of the 
 Legislature to meet November 18, I860. 30 According to his own 
 statement he had not fully digested a program of the measures 
 he intended to recommend to the Legislature, but he proposed 
 calling a State convention to consider Federal relations, and as 
 he saw no remedy short of separation from the Northern States, 
 his views of State action would look to secession. 31 
 
 In his message to the Legislature he presented his views on 
 the slavery question in a clear and pointed manner, 32 and later 
 on, in a special message, recommended a standing army for the 
 defense of the State. The Legislature enacted legislation in con 
 formity with his wishes. A bill was passed calling a convention 
 of the people of the State to meet in November, 1851, for the 
 purpose of taking into consideration the relations of Mississippi 
 to the Federal Government. 33 The Governor s position was fully 
 
 28. Henderson to Quitman, July 22, 1850. Claiborne, Life of Quitman, Vol. 
 11, p. 41. 
 
 29. Quitman to Henderson. August 18. 1850. Ibid. p. 42. 
 
 30. Cong. Globe, 32 Cong., 1 Sess., Appendix, p. 283; Claiborne, Life of Quit 
 man, Vol. II, p. 43. 
 
 31. Quitman to Seabrook, September 29, 1850, Claiborne, Life of Quitman, Vol. 
 II, p. 37. 
 
 32. Ibid, pp. 46-51. 
 
 33. Cong. Globe, 32 Cong., 1 Sess., Appendix, p. 283. 
 
 91 
 
endorsed, and resolutions censuring Senator Henry S. Foote for 
 his support of the compromise measures, and declaring that the 
 interests of Mississippi were unsafe in his hands, were adopted. 34 
 Foote s five colleagues in Congress from Mississippi had been 
 actively opposed to the compromise and were much offended 
 because of his support of the adjustment. The censure was the 
 result of their influence. 35 
 
 As in Georgia, the struggle over the acceptance of the com 
 promise measures in Mississippi had the effect of dividing the 
 people of the State into two political parties. After the return 
 of Foote s colleagues from Washington they joined with Gov 
 ernor Quitman in the organization of a new political party, 
 called the State Rights Party of Mississippi. All who were 
 opposed to the recent Congressional adjustment were invited to 
 join this organization. 36 It received the support of a majority 
 of the old line Democrats and of a few State Rights Whigs, and 
 it continued under its original name from its formation, in No 
 vember, 1850 1 , until the Democratic State Convention, June 16, 
 1851, when it took the name of the Democratic State Rights 
 Party. 37 Its purpose, as its name implies, was to promote the in 
 terests of State rights. The exceedingly bitter and disloyal 
 speech delivered by Langdon Cheves, of South Carolina, at the 
 November session of the Nashville Convention, printed and 
 widely circulated within the State, became the text -book of the 
 new party. 38 
 
 When Foote reached home, he took immediate steps to coun 
 teract the disunion movement and to vindicate his course in Con 
 gress. Governor Quitman was challenged to discuss the pending 
 question in public. He accepted, but was taken ill upon the day 
 set for the debate and could not meet his opponent. Foote, how 
 ever, improved the opportunity to address the assembled crowds 
 and announced his intention of personally touring the State and 
 urging the people to meet in convention at Jackson upon the very 
 day that the special session of the Legislature assembled there. 
 He soon after went over the State, made about forty public 
 
 34. Foote, Casket of Reminiscences, p. 352; Garner, The First Struggle Over 
 Secession in Mississippi, p. 95. 
 
 35. Foote, Casket of Reminiscences, p. 352. 
 
 36. Ibid, pp. 352-353. 
 
 37. Garner, The First Struggle Over Secession in Mississippi, p. 99. 
 
 38. Cong. Globe, 32 Cong., 1 Sess., Appendix, p. 282. 
 
 9 2 
 
speeches, and on the day that the Legislature met a convention 
 of fifteen -nndred delegates gathered at the City Hall. 39 Resolu 
 tions were adopted endorsing Foote s support of the compro 
 mise measures, advocating their support by the people of Missis 
 sippi, condemning the Governor s attitude in relation thereto, 
 and denouncing the secession movement. But by far the most 
 important result of the convention was the organization of the 
 Union Party; the purpose of which was to bring about the ac 
 ceptance of the compromise settlement of 1850. It counted 
 among its supporters almost all of the Whigs, and conservative 
 Democrats who sympathized with its principles. 40 
 
 The Unionists put forth strenuous efforts to decide the matter 
 at issue between the two new parties in the State election of 1851. 
 Foote was selected as their candidate for Governor, and no 
 stronger man for the place could have been found under the cir 
 cumstances. The necessity for making corresponding efforts was 
 fully realized by the State Rights men, but by the spring of 1851 
 they began to despair of success. The crisis of "Union" and 
 "Disunion" caused many of the more timid Democrats to hesi 
 tate in their zeal for secession, and the far-sighted men of their 
 party clearly saw that in the prevailing state of public opinion 
 it was impossible to carry a State Convention whose ultimate 
 object was a dissolution of the Union. Moreover, it was felt that 
 the peaceful attitude assumed by Georgia, Alabama, and Vir 
 ginia, would fully justify Mississippi in refusing to take a step 
 which those whose interests were identical with hers would not 
 aid her in maintaining. 41 None saw the trend of events more 
 clearly than Governor Quitman. In a letter to Colonel Preston, 
 of South Carolina, March 25, 1851, he wrote that Mississippi was 
 not prepared for final action, and that South Carolina would 
 have to take the lead in the secession movement and act fear 
 lessly for herself. The population of his State, he said, being 
 composed mainly of recent immigrants, was not homogenious, 
 and no man, however popular he might be, could give direction 
 to the masses. 42 . Although the subject more properly belongs to 
 
 39. toote, Casket of Reminiscences, p. 353. 
 
 40. Garner, The First Struggle Over Secession in Mississippi, pp. 98-99. 
 
 41. A State Rights Man to Quitman, May 20, 1851, Claiborne, Life of Quitman, 
 Vol. II, p. 121. 
 
 42. Ibid, p. 123. 
 
 93 
 
the next chapter, we might call attention in passing to the evi 
 dence here presented that the South Carolina leaders were look 
 ing to Mississippi for the initial step towards secession. 
 
 Nevertheless, the State Rights men prepared to fight the mat 
 ter to a finish. In June, 1851, they assembled in State conven 
 tion at Jackson, adopted the name of Democratic State Rights 
 Party, chose General Quitman as their standard bearer to oppose 
 Foote for the Governorship, and called district conventions for 
 the nomination of Congressional candidates. 43 One of the dele 
 gates informs us that by inquiry of all men met on his way to the 
 convention, he found that three out of four voters were in favor 
 of Jefferson Davis as the party candidate, that a majority of the 
 delegates were of a like mind, and that the friends of Quitman 
 only secured his nomination by getting a note from Davis, who 
 was ill at the time, in which the latter positively refused the 
 position. 44 
 
 The campaign of 1851 was very bitterly contested. Missis 
 sippi was in a state of great excitement, so much so that we are 
 informed that the presence of ten men at any one point involved 
 the possibility of serious trouble. Foote and Quitman conducted 
 a joint-canvass which began at Jackson. Foote opened the con 
 test by charging the Democrats with disunion aims, and he as 
 sailed Quitman and his followers in the most vehement and mer 
 ciless manner. 45 In this contest of oratory, Qutiman was no 
 match for the more brilliant and versatile Foote, and after seven 
 or eight appointments they came to blows at a place called Sedge- 
 ville, and the joint-canvass was given up. Foote kept to the 
 original schedule, followed two days behind by Quitman, and at 
 every place where he spoke he boasted that Quitman had been 
 whipped and driven from the field of combat. As a result of 
 these developments the Democrats become disheartened and con 
 ducted their campaign in a very feeble manner. 46 
 
 The election of delegates to the general State Convention, 
 which had been called by a special session of the Legislature for 
 the purpose of considering the relations of Mississippi to the 
 
 43. Cong. Globe, 32 Cong., 1 Sess., Appendix, p. 284. 
 
 44. Davis, Recollections of Mississippi and of Mississippians, pp. 315-316. 
 
 45. Ibid, p. 317; Foote, Casket of Reminiscences, p. 354. 
 
 46. Foote, Casket of Reminiscences, pp. 354-355; Davis, Recollections of Missis 
 sippi and of Mississippians, p. 318. 
 
 94 
 
Federal Government, was a death blow to the hopes of the seces 
 sionists. It had taken place in September preceding the election 
 of State officers, and it resulted in a popular majority of 7,161 
 for the Unionists. 47 Foreseeing inevitable defeat, because a 
 majority of the people of the State had thus declared themselves 
 against his policy on the slavery question, Quitman resigned his 
 candidacy. 48 The Executive Committee of the Democratic State 
 Rights Party then brought Jefferson Davis forward to take his 
 place and the campaign continued. 49 By running the popu 
 lar Davis upon a regular Democratic platform, and renouncing 
 all further agitation for a dissolution of the Union, the State 
 Rights leaders hoped to check the movement against them and 
 win the votes of the people. 50 In this they were par 
 tially successful, for the 7,161 majority at the Sep 
 tember election was reduced to a majority of 1,009 in 
 favor of Foote at the November State election. 51 The Whigs, 
 together with many Democrats, who believed that the issue in 
 volved disunion, gave their support to Foote. 52 As in Georgia, 
 the contest in Mississippi was not strictly along party lines. 
 
 The State Convention, for considering the relations of the 
 State of Mississippi to the Federal Government, met at Jackson, 
 November 10-17, 1851 ; but it was a foregone conclusion that the 
 result of its deliberations would be pacific in character. Fifty- 
 six counties were represented by ninety -three delegates, a great 
 majority of whom were Union men. 53 The Democratic majority 
 in the State when the canvass began was estimated at 8,000, 54 
 and the fact that the Unionists were able to overcome this ad 
 vantage upon the part of their opponents and win with over 
 7,000 votes shows that the desire for peace and Union was 
 stronger than party ties. The convention adopted resolutions 
 declaring that the right of secession was unsanctioned by the 
 
 47. Whig Almanac, 1852, p. 57. 
 
 48. Quitman to the Democratic State Rights Party in Mississippi, Claiborne, Life 
 of Quitman, Vol. II, p. 146. 
 
 49. Davis, Rise and Fall of the Confederate Government, Vol. I, p. 20. 
 
 50. Foote, Casket of Reminiscences, p. 355. 
 
 51. Whig Almanac, 1852, p. 57; Tribune Almanac, 1852, p. 44. 
 
 52. Davis, Recollections of Mississippi and of Mississippians, p. 321. 
 
 53. Garner, The First Struggle Over Secession in Mississippi, p. 102. 
 
 54. Davis, Rise and Fall of the Confederate Government, Vol. I, p. 20. 
 
 95 
 
Constitution, and rebuking the Legislature for calling the con 
 vention without first submitting the question of its advisability 
 .to the people. 55 
 
 By means of this action the people of Mississippi checked the 
 movement in favor of secession, and placed their State alongside 
 of Georgia in support of the compromise measures. With the 
 State Rights movement checked in the cotton States of the Gulf 
 region, and in the absence of any pronounced disunion feeling 
 in the States of the border, South Carolina was left to act alone. 
 
 55. For the history and proceedings of the Convention, see Claiborne, Life of 
 Quitman, Vol. II, pp. 3652, 133-143, 148-151; Cong. Globe, 32 Cong., 1 Sess., 
 Appendix, pp. 282-359. 
 
 96 
 
CHAPTER VII. 
 THE SECESSION MOVEMENT IN SOUTH CAROLINA, 
 
 1850-1852. 
 
 One of our prominent citizens writing of South Carolina in 
 ante-bellum days, referred to that commonwealth as "a per 
 petual threatening volcano," 1 and the phrase has a singular ap 
 propriateness when applied to the period extending from the 
 twenties, especially, down to the outbreak of war. To carry our 
 volcano figure still further in its application to the political 
 situation in the State, it might be added that there were three 
 violent eruptions during this time: the first over the protective 
 tariff legislation, which culminated in the years 1832 and 1833 ; 
 the second, over the acceptance of the compromise of 1850 ; and 
 the third, and most violent of all, took place in 1860, and it re 
 sulted in the actual secession of the State. 
 
 Inquiry into the reasons for the political unrest in South 
 Carolina discloses an economic situation that furnished the chief 
 cause for discontent. The only industry that was extensively 
 carried on in the State was the cultivation of cotton, and since 
 the early twenties the planters there had been experiencing the 
 ruinous effects of competition with the cheaper and more fertile 
 lands to the south and westward. That this was the true state 
 of affairs we gather from reading an address delivered by James 
 H. Hammond before the South Carolina Institute at its first 
 annual fair, November 20, 1849. For the past sixty years, he 
 pointed out, their State had been a purely agricultural one, and 
 labor had been chiefly devoted to the production of one market 
 crop, cotton. The value of this staple had been gradually declin 
 ing for many years, and for the past seven or eight it had not 
 afforded a net income of four and one-half per cent on invested 
 capital, and it was inevitable that profits would fall still lower. 
 
 "The consumption of cotton," he continued, "even at late 
 average prices, cannot keep pace with our increasing capacity to 
 age prices, cannot keep pace with our increasing capacity to 
 produce it ; and the article may therefore be said to have fairly 
 
 1. Sargent, Public Men and Events, Vol. II, p. 377. 
 
 97 
 
passed that first stage of all new commercial staples, in which 
 prices are regulated wholly by demand and supply, and to have 
 reached that in which, like gold and silver, its value, occasionally 
 and temporarily affected by demand and supply, will in the main 
 be estimated by the cost of production. Now, on lands that 
 enable the planters to produce an average crop of two thousand 
 pounds of ginned cotton, for each full hand, or for every 
 thousand dollars of capital permanently invested, he may realize 
 seven per cent per annum, on his capital, at a net price of five 
 cents per pound, or five and one-half to six cents in our Southern 
 ports. There is an abundance of land in the South and South 
 west, on which, unless the seasons change materially, or the 
 worm becomes an annual visitor, all the cotton which the world 
 will consume for many generations to come, may be grown at 
 that rate. We have ample slave labor to cultivate it; and the 
 result is inevitable, that the average of prices must soon settle 
 permanently about this point. 
 
 What was to be done if these views were correct? he asked. 
 But a small portion of the land they were then cultivating would 
 produce two thousand pounds of ginned cotton to the hand ; and 
 it was thought that an average production would not yield 
 twelve hundred pounds, and a great many planters did not grow 
 one thousand pounds to the hand. 
 
 A thousand pounds at five cents net would only yield about 
 two per cent on the capital invested, and twelve hundred, only 
 three per cent. In his estimation the State would become 
 utterly impoverished and degraded with such rates of income. 
 Depopulation would rapidly take place. Their slaves would go 
 first and that institution would be swept away. History assured 
 them that wherever slavery, from which they had previously 
 reaped such great benefits, ceased.J;o be profitable, it had ceased 
 to exist. 
 
 * The natural increase of all the slaves in the South, since the 
 prohibition of the African Slave Trade, has been thirty per cent 
 for every ten years. From 1810 to 1820, the increase in South 
 Carolina was a fraction above that rate. From 1820 to 1830, 
 it was a fraction below it. But from 1830 to 1840, the increase 
 was less than seven per cent in ten years ; and the census re 
 vealed the painful and ominous fact that the number of slaves 
 
 98 
 
in South Carolina was eighty -three thousand less than it should 
 have been. No war, pestilence, or famine had visited our land. 
 . -v . . But the fact is, that notwithstanding the compara 
 tively high average price of cotton from 1830 to 1840, these slaves 
 had been carried off by their owners, at the rate of eight thousand 
 three-hundred per annum, from a soil producing to the hand 
 twelve hundred pounds of cotton, on the average, to one that 
 yielded eighteen hundred pounds. And there is every reason to 
 apprehend that the census of next year will show that the whole 
 increase of the last decade, which must amount to one hundred 
 thousand, has been swept off by the still swelling tide of emigra 
 tion." 
 
 As means of remedying their economic condition he hit the 
 nail upon the head by recommending an improvement of the 
 agricultural system, the fostering of commerce and manufactur 
 ing, and proposing that they manufacture their own cotton. 2 
 The idea of relieving the situation by the fostering of commerce 
 was well taken hold of in the State. By connecting the cities of 
 Charleston and Memphis by railroad, it was hoped that a large 
 volume of western trade would be turned their way, and that 
 Charleston would become a great commercial port in consequence. 
 The agitation of this project was vigorously prosecuted, es 
 pecially during the months of May and June, 1851. 3 
 
 After he had seen all of the courts of Europe, Prince Murat 
 in comparison pronounced the men of South Carolina the most 
 aristocratic, 4 and this aristocratic quality entered into matters of 
 government, and furnishes another reason for the extremely sen 
 sitive attitude of the State in regard to national affairs. Before 
 the war, presidential electors were chosen by the Legislature, 
 instead of by the people as in other States. In the year 1850, a 
 Southern man wrote as follows: "In South Carolina the great 
 difficulty is that the people never have but one side of the ques 
 tion. If it could be in that State as in Georgia and other States, 
 where the people are all informed by means of public discus 
 sions, the public mind would be very different in South Carolina 
 
 2. Hammond. An Add-iss Delivered Before the South Carolina Institute at Its 
 First Annual Fair, on the 20th November, 1849. See also Turner, Rise of the New 
 West, pp. 61-66, for other evidence regarding the economic situation in the State. 
 
 3. See Charleston Courier, May-June, 1851. A report of the committee in charge 
 is given in the number for May 31, 1851. 
 
 4. Keyes, Fifty Years Observation of Men and Events, p. 174. 
 
 99 
 
from what it is now." 5 The Democratic movement in favor of 
 anti-slavery threatened the aristocratic foundation of their 
 society, and this, together with the economic depression there, 
 made the times favorable for the agitation of secession as a 
 remedy for the disadvantages which they felt themselves to be 
 under in the Union. 
 
 If the passage of the compromise measures occasioned seces 
 sion struggles in Georgia and in Mississippi, it is a foregone con 
 clusion that they were not quietly accepted by South Carolina. 
 They were not. Governor Seabrook, in pursuance of a well- 
 defined policy upon the part of his State to look elsewhere for 
 initial action, wrote to Governor Quitman of Mississippi, Septem 
 ber 20, 1850, that the aggravating circumstances under which 
 California would enter the Union demanded prompt and effective 
 resistance upon the part of the slave-holding States. Was Mis 
 sissippi prepared to assemble her Legislature, or to adopt some 
 other scheme in order to second the noble effort of Georgia ? 6 As 
 there were satisfactory reasons why South Carolina should pro 
 ceed cautiously, he needed only to assure Governor Quitman that, 
 just as soon as the Governors of two or more States assembled 
 their Legislatures by proclamation, or gave some other evidence 
 of an intention to act, he should consider it his duty, unless the 
 nearness of the regular session prevented, to call together the 
 representatives of the people with a view to their adoption of 
 measures that would arrest the career of an interested and des 
 potic majority. 7 
 
 Governor Quitman, who in the meantime had called a special 
 session of the Legislature of Mississippi, replied that he had not 
 fully digested a program of the measures that he would recom 
 mend to the Legislature when it met, but he assured Governor 
 Seabrook that his views of State action would look to secession. 8 
 This reply gave the greatest satisfaction to the South Carolina 
 Executive, who declared that Mississippi would be the Banner 
 State in the noble contest in which the South had been forced to 
 engage." Should the gallant commonwealth adopt the decisive 
 
 5. M. C. Fulton to Howell Cobb. November 6. 1850. Cobb Mss. Correspon 
 dence. 
 
 6. The Governor of Georgia had announced his intention of calling a special 
 session of the Legislature. 
 
 7. Claiborne, Life of Quitman, Vol. II, p. 36. 
 
 8. September 29, 1850. Ibid, p. 38. 
 
 100 
 
course suggested," South Carolina would stand by her side. Sen 
 timent in his State had never been so united in favor of resist 
 ance, but the general desire was to exhaust the joint-action 
 scheme before an independent step should be taken, and to be\ 
 careful and not create the impression that South Carolina was 
 anxious to take the lead in the movement. The belief was preva 
 lent in his State, he explained, that the cause would receive a 
 fatal blow should they attempt to lead it. 
 
 Then followed a thinly-veiled invitation for Mississippi to 
 take the first step : * May I hope that Mississippi will begin the 
 patriotic work, and allow the Palmetto banner the prvilege of a 
 place in her ranks?" and as thinly-veiled instructions followed 
 the above hint : The desire of our public men is that the Nash 
 ville Convention, the Georgia Convention, or the Legislature of 
 Mississippi, should recommend the call of a Southern Congress, 
 to be composed of delegates elected by State conventions, either, 
 as the weaker measure, for the purpose of consultation, their 
 decisions to be ratified by conventions of the States represented, 
 or to be direct. The first course will produce delay, and may 
 enable Congress and the politicians of the North to so shape 
 their policy as to create the impression among the unreflecting 
 and timid in the South, that every cause of danger to our insti 
 tutions has been removed. A Southern Congress, with full 
 authority on the part of the States represented, to secede from 
 the Union forthwith, or to submit to the supreme authorities of 
 the country propositions for a new bargain between the States, 
 by which equality among the members of the Confederacy and 
 the protection of Southern property shall, in the future, be put 
 beyond the possibility of hazard either of these measures (we 
 prefer the former, because in the event of a conflict, we shall 
 have a government actually in operation), emanating from the 
 Nashville Convention, or any Southern State except South Caro 
 lina, for reasons already hinted, will go far to, if it does not 
 entirely accomplish the great object it is desirable to effect." 1 
 
 The plan above outlined was faithfully followed at the 
 second session of the Nashville Convention. A resolution recom 
 mending a Congress of the Southern States, to be composed of 
 
 9. Seabrook to Quitman, October 23, 1850, Claiborne, Life of Quitman, Vol. II, 
 pp. 37-38. 
 
 101 
 
delegates entrusted with full power to deliberate and act, was 
 recommended by the Committee on Eesolutions and adopted by 
 the convention ; 10 and a resolution in substantial accord with the 
 one adopted was earlier reported to the committee, during the 
 call of States, by J. J. Davenport of Mississippi. 11 While it can 
 not be confidently asserted that this action resulted from influ 
 ences exerted by the South Carolina Governor, appearances, it 
 must be admitted, are decidedly in favor of such a conclusion. 
 At all events, Mississippi twice took action in accord with recom 
 mendations that came from public men of South Carolina. 12 
 
 As Governor Seabrook s letters have shown, sentiment in 
 South Carolina was decidedly in opposition to the compromise 
 measures in general, and to the admission of California in par 
 ticular. In no other State of the South were the Democrats, for 
 the most part small farmers and tradesmen, as a whole committed 
 to the doctrines of Calhoun. In South Carolina the Calhoun men 
 controlled political affairs so completely that party divisions, as 
 ordinarily understood, hardly existed. 13 The majority opinion 
 found clear and forceful expression in a pamphlet written by 
 W. H. Trescott, the historian, at the suggestion of prominent 
 men in the State, and intended to strengthen Southern resoltuion. 
 
 This short article of twenty pages begins by laying down the 
 principle that political institutions are never destroyed by in 
 fluences foreign to themselves, and substantiating it by examples 
 drawn from European history. The warning, it was claimed, 
 assumed a special sifinificance at times like the present, when 
 the marked characteristic of political life is the violent and un 
 compromising antagonism of great interests." Everywhere in 
 the civilized world great and contending interests struggled for 
 power as a monopoly, not as a trust, and the truth was illustrat 
 ing itself with destructive energy. The United States had 
 reached this point in its history, and the legislation or me 
 present Congress had worked a revolution by basing its action 
 upon a principle recognized by only a portion of the people. By 
 thus becoming the exponent of one class, it became the enemy of 
 
 10. Republican Banner and Nashville Whig. November 19, 1850. 
 
 11. Ibid, November 15, 1850. 
 
 12. The first time was when Mississippi called the Nashville Convention, at the 
 suggestion of Calhoun. 
 
 13. Brown, The Lower South, p. 123. 
 
 102 
 
the other, and forced upon half of the citizens the bitter alterna 
 tive of becoming subjects or rebels. The California bill had 
 been passed and the institution of slavery had been outlawed. 
 What course of action were they of the South to follow as a 
 slaveholding people ? 
 
 The vindication of slavery was declared to be no part of his 
 purpose. Providence had placed them in the midst of it, and it 
 had solved for them the most dangerous of social questions 
 the relation of labor and capital Where Gad had placed them, 
 there they were resolved to remain "between the graves of our 
 fathers and the homes of our children." The only questions 
 open for discussion were what dangers were there to meet and 
 what were their means for meeting them? As historical truths 
 affording answers to these questions, he submitted the following 
 propositions : 
 
 "1. That all legitimate government is but the development 
 of some principles that underlie the social institutions of a nation, 
 and that therefore thte test of national health is a perfect 
 sympathy between national government and the popular institu 
 tions. 
 
 * 2. That the institutions of the slaveholding States are 
 peculiar in their nature, differing in most essential features of 
 political character from the political system of the rest of the 
 country. 
 
 "3. That this difference has excited a sectional jealousy, 
 which, in the political history of the country has deepened into: 
 sectional hostility, and that by recent legislation, the Federal 
 Government has declared itself the ally of the North and North 
 west against the institutions of the South. 
 
 "4. That in such a political crisis the only safety of the 
 South is the etsablishment of a political center within itself; in 
 simpler words, the formation of an independent nation." 
 
 The above states the problem and its solution as it appeared 
 to Mr. Trescott, and he discarded the Calhoun plan of adjust 
 ment. Of the latter he wrote as follows: "It is a readjustment 
 of the constitutional compact, so as to recognize the independence 
 of each section as to its domestic policy. The formation of a 
 Union somewhat analogous to the German Federation by which 
 a Zollverein should regulate our industrial policy and a Diet 
 
 103 
 
control our foreign relations. That this can be obtained from 
 the North without force, we do not believe." 14 Although Cal- 
 houn s name is not mentioned in connection with the foregoing 
 reference, that he is the one referred to seems certain. The rest 
 of the pamphlet is devoted to an elaboration and explanation 
 of the propositions submitted, and, taken all in all, it is a candid 
 and succinct statement of the Southern situation as it appeared 
 to South Carolina radicals. The author simply gave written 
 expression to the thoughts uppermost in the minds of many of 
 his fellow citizens as the sequel establishes. 
 
 The Legislature, which assembled in December, 1850, took 
 decided action looking towards the formation of a Southern Con 
 federacy. Governor Seabrook, true to the declarations previ 
 ously made to Governor Quitman, submitted a message in which 
 he asserted the right of secession, and declared that the time had 
 arrived for the exercise of powers of self -protection. 15 Measures 
 were taken for the exercise of such powers. The Legislature, on 
 December 20, passed an act providing for the appointment of 
 eighteen deputies to a Southern Congress, four to be chosen by 
 the Legislature and two by the qualified voters in each Congres 
 sional district. This, it will be remembered, was in strict accord 
 with the recommendations of the second session of the Nashville 
 Convention. The same act made provision for the election of 
 delegates to a State convention ; the people in each district in the 
 commonwealth were to select as many delegates as they sent 
 members to the Legislature. The second Monday in October, 
 1851, was the designated time for the election of deputies to a 
 Southern Congress; the delegates to the convention were to be 
 chosen on the second Monday in February, 1851, and the day 
 following. The State Convention was to be held in the city of 
 Columbia, but the Legislature set no definite time for its assem 
 bling, and left it for the Governor to call whenever, at any time 
 before the meeting of the next Legislature, the conjuncture of a 
 Southern Congress should have happened. In case the Governor 
 did not call it before the assembling of the next Legislature, that 
 body could, by a majority vote, fix the time of meeting. The 
 purpose of the convention, as set forth in the act, was to con- 
 
 14. Trescott, The Position and Course of the South. 
 
 15. Senate Journal, 1850, pp. 25-30. 
 
 104 
 
sider the proceedings and recommendations of a Congress of the 
 slaveholding States, if the same should be held, and to take into 
 consideration the general welfare of the State. 
 
 Furthermore, the Governor was requested to transmit a copy 
 of the act to each of the Governors in the other States of the 
 South, and to urge upon them the desire of the State of South 
 Carolina that they forthwith provide for the election of deputies 
 by their States to meet the South Carolina deputation at the 
 city of Montgomery, Alabama, on the second Monday of January, 
 1852. 16 South Carolina, doubtless profiting by the experience 
 of 1832-1833, clearly intended to exhaust every effort to assure 
 the cooperation of other Southern States before making her final 
 move. 
 
 Another act, passed at the same session, provided for the de 
 fense of the State. A Board of Ordinance was established, con 
 sisting of an Adjutant, Inspector General, and five other persons, 
 whose duty it was to examine the condition of all ordnance and 
 military stores, and to purchase supplies. This same board was 
 authorized to appoint scientific and competent military engineers, 
 who were to examine and provide works for the defense of the 
 coast of the State. Brigade encampments were to be held yearly, 
 instead of every two years as formerly, and fines were to be 
 imposed in cases of non-attendance. 17 An act granting a charter 
 to the South Carolina Atlantic Steam Navigation Company con 
 tained the stipulation that the ships of the company should be 
 so constructed that they could easily be converted into war ves 
 sels, and turned over to the State in case of war. 18 
 
 On the 16th of December, Seabrook ceased to be Governor 
 and was succeeded by John H. Means, a worthy secessionist suc 
 cessor. On the day after his term of office ended, Seabrook wrote 
 a letter to Governor Quitman which is instructive by reason of 
 its portrayal of the South Carolina situation during the legisla 
 tive session of 1850. In the Legislature, it was stated, there was 
 only one man who favored ultimate submission, and even he ad 
 vocated the policy of a Southern Congress. 19 On some points 
 
 16. Acts of South Carolina, December, 1850, pp. 55-57. 
 
 17. Ibid, pp. 57-59. 
 
 18. Ibid, pp. 29-34. 
 
 19. This was B. F. Perry of Greenville County. See his Union speech, delivered 
 in the Legislature, December 11, 1850. Perry, Biographical Sketches, pp. 111-113. 
 
 105 
 
there was a difference of opinion among the members of the Leg 
 islature ; some favoring the calling of a Southern Congress with 
 out looking to another State to take the lead, and others pre 
 ferring that Mississippi take the initial step. This, it will be 
 noticed, was prior to the adoption of the act providing for the 
 election of deputies to a Southern Congress, and for the election 
 of delegates to a State Convention. Had he convened the Legis 
 lature two or three weeks before the regular meeting, he felt sure 
 that South Carolina would not then have been a member of the 
 [Union, such was the state of the public mind at the time. As 
 for the people, they were far ahead of their leaders and could 
 be restained with difficulty. The belief that Mississippi and 
 other States would act had had a salutary effect in checking 
 the impetuous and unreflecting, as had also speeches by influ 
 ential men in the Legislature. 20 
 
 There was great excitement among the people of the State 
 immediately after the adjournment of the Legislature. Seces 
 sion was the one absorbing subject for conversation everywhere. 
 Candidates for the office of deputy to a Southern Congress were 
 announced, and mass meetings were held in the different Con 
 gressional districts. The issue gave rise to parties: those who 
 favored immediate and separate State action were called Seces 
 sionists, and those who favored acting in conjunction with other 
 Southern States were called Coooperationists. There was also a 
 small and comparatively uninfluential Union Party, made up of 
 men who had formerly been Federalists and Whigs. 21 Later on 
 in the campaign the latter joined, with the Cooperationists and 
 helped to prevent the secession of the State in the year 1852. 
 
 Of the Secessionists, Robert Barnwell Rhett was the most 
 outspoken, 22 but it appears that he lacked the characteristics of 
 a great leader of men. He and his followers sought to win over 
 the people to their cause by teaching the doctrine that if South 
 Carolina chose to leave the Union, the North would allow her to 
 do so quietly. 23 Their efforts were ably seconded by Governor 
 
 20. Claiborne, Life of Quitman, Vol. II, pp. 39-40. The debates of the Legis 
 lature during this session are given in the American Annual Cyclopedia for 1861. 
 
 21. Capers, Life and Times of Memminger, pp. 200-203. For an account of the 
 South Carolina Federalists see article by Dr. U. B. Phillips, in the American His 
 torical Review, Vol. XIV, Nos. 3 and 4. 
 
 22. Perry s Reminiscences, pp. 133-163. 
 
 23. Trent, William Gilmore Simms, p. 183. 
 
 106 
 
Means, who spent a great deal of time reviewing the militia all 
 over the State, and making speeches in which he asserted the 
 constitutionality of separate State action. 24 William Gilmore 
 Sims, the noted Southern writer, vigorously advocated secession 
 through the columns of the Southern Quarterly Review, of which 
 he became editor in 1849. 25 His was probably the best known 
 name connected with the movement. Two other men who were 
 conspicuous were Daniel Elliott and Joseph Huger; both voted 
 the Secessionist ticket in 1851. 26 
 
 Since the issue presented to the voters was separate or co 
 operative State action, the distinction between the Cooperation- 
 ists and Unionists became confused as the latter uniformly voted 
 the cooperative ticket. Of those who were out and out in favor 
 of Union, none were more prominent than B. F. Perry. His 
 speech, during the legislative session of 1850, was the first 
 check that the secession movement in South Carolina had re 
 ceived up to that time; he declared his intention of having it 
 printed and handed down as a lagacy to his country and his 
 children. After every newspaper in the State had gone over to 
 secession, he established a Union paper in Greenville county, the 
 Unionist center of the State, and took charge of the editorial 
 department himself. 27 James Louis Petigru played a prominent 
 part in preventing the secession of South Carolina in opposition 
 to the compromise settlement of 1850. He was pronounced in 
 his attachment to the Union. 28 Several of the former Nullifers, 
 notably James Hamilton, Jr., and Andrew P. Butler, were op 
 posed to secession in 1850-1851 ; Butler even took the stump in^N 
 favor of cooperation. 29 Strangest of all, Langdon Cheves acted 
 with the Cooperative Party, but not on account of love for the; 
 Union. He was merely opposed to separate State action, desiring, 
 a Southern convention in order to unite the South in favor of 
 secession. Nevertheless, he proved an influential ally for those 
 who were in favor of Union in 1851. 30 
 
 24. Perry s Reminiscences, p. 160. 
 
 25. Trent, William Gilmore Simms. Ch. VI. 
 
 26. Perry s Reminiscences, p. 96. 
 
 27. Perry, Biographical Sketches, pp. 4-5; Perry s Reminiscences, pp. 13-14. 
 The paper was called The Southern Patriot. 
 
 28. Perry s Reminiscences, p. 257; Grayson, Petigru, pp. 108-133. 
 
 29. Ibid, pp. 115-116. 
 
 30. Ibid, p. 244. 
 
 107 
 
Any account of the struggle to check the secession movement 
 in South Carolina would be incomplete if it made no mention of 
 the part played by Bishop "William Capers, of the Methodist 
 Church. On the 7th of February, 1851, while the contest was 
 fiercely raging, he published an address to the citizens of South 
 Carolina, in the Charleston Mercury. He had previously met 
 the clergymen of Charleston, at the suggestion of influential 
 citizens, in order to consider what they could do to promote 
 peace, but the meeting had been without results. Then he de 
 termined to act alone in the matter. To secede at once, or at a 
 future time, alone, he told them, would be secession from the 
 other Southern States as well as from the North; it would be 
 equivalent to branding the rest of the South as deficient in knowl 
 edge, courage, or patriotism. From observations made during a 
 tour of five of the principal Southern States, he felt sure that a 
 Southern Congress was an impossibility; three-fourths of the 
 people would oppose it. The reason for their opposition he 
 understood to be the idea that the acts of compromise were not 
 violations of the Constitution. It was the opinion in South 
 Carolina that the acts referred to were violations of the Consti 
 tution, so the question was at most a mooted one, they holding 
 one view while a majority in the other Southern States enter 
 tained an opposite one. They should review the matter, since the 
 majority view was against them, and consider well before taking 
 final action. 
 
 Consequences, he pointed out, should also be considered. 
 Even if no hostile army were landed on their soil, the United 
 States would oppose them. Charleston would be separated from 
 the rest of the world, her commerce would perish, her merchants 
 would be ruined, and their rice and cotton would be carried to 
 Savannah for market. Even then, at the time he was writing, 
 the rivalry of Savannah was not to be condemned. The blight 
 would fall, not alone on Charleston, but on all the State; taxes 
 would be increased seven-fold, and poverty-stricken people would 
 leave their homes and seek more favored parts if they should be 
 too proud to ask admission to the Union. Could patriotism 
 demand such a sacrifice ? he asked. If they must have a conven- 
 
 108 
 
vention, let it be composed of the wise and sober-minded, not of 
 boys and half-made men. 31 
 
 Evidently, Bishop Capers point that in case South Carolina 
 seceded alone her trade and commerce would pass to Georgia, 
 touched a sensitive spot in the public mind particularly the 
 business mind. This probable outcome of separate State action 
 had earlier been foreseen by the prominent secessionist, William 
 Gilmore Simms, who wrote to Beverly Tucker of Virginia, No 
 vember 27, 1850, after the Georgia election when Howell Cobb 
 had been triumphantly chosen Governor on the Union ticket, 
 and called attention to practically the same economic objections 
 that Bishop Capers called attention to in his address. This ap 
 peal to Georgia cupidity, Simms stated, " filled as that State is 
 with Yankee traders, would be fatal to her patriotism. It 
 would be irresistable in keeping her in her position." Georgia" 
 must be goaded to extremities. Could she be induced to move 
 with South Carolina in favor of secession, the effect would be 
 conclusive upon the South, and once the cotton ports were closed 
 to British commerce by reason of war, the aid of that country 
 would be given their cause. 32 This confidence in the bond of 
 sympathy with England, caused by the commodity cotton, is ; 
 thus seen to be one of the supports upon which disunionists / 
 relied. 
 
 The election of delegates to the State Convention resulted in 
 a decisive victory for the opponents of single State action, 114 
 Cooperationists to 54 Secessionists being chosen. The bulk of the 
 former were returned from the northern and back counties, the 
 southeastern section of the State going almost entirely in favor 
 of secession. 33 In spite of all of the former noise and speech- 
 making the people took very little interest in the election, the 
 delegates being chosen by very small minorities of the voters in 
 nearly every county in the State. 34 We are inclined to the view 
 of an Alabama newspaper, which stated, in reference to the elec 
 tion, that even in South Carolina secession was not much above 
 par, and that the great mass of people were opposed to it. 35 
 
 31. Capers, Life and Times of Memminger, pp. 222-224, reprinted from The 
 Charleston Mercury of February 7, 1851. 
 
 32. Trent, William Gilmore Simms, pp. 180-181. 
 
 33. Tribune Almanac, 1852, p. 43. 
 
 34. Capers, Life and Times of Memminger, p. 205. 
 
 35. Macon Republican, February 27, 1851. 
 
 109 
 
The suggestion that a Southern Congress be held in the city of 
 Montgomery, Alabama, did not meet with favor in the other 
 Southern States and the radicals of South Carolina received no 
 encouragement that some other commonwealth could be induced 
 to take the leading step in the movement for secession. Even 
 Mississippi, in whose direction they had looked with such high 
 hopes, failed them. Governor Quitman wrote that while senti 
 ment there was undoubtedly hostile to the compromise measure, 
 there was no evidence that this feeling had settled into any 
 definite plan of action. The people could not be won over, con 
 sequently, South Carolina would have to look elsewhere for lead 
 ership. He himself was strongly in favor of th3 South Carolina 
 program, and would do what he could to further its working, 
 but in the prevailing state of popular opinion in the South at 
 large, he did not believe that a Southern Congress could com 
 mand the unanimous support necessary for its successful out 
 come. 36 
 
 In Alabama a vigorous attempt was made by the Secession 
 ists, under the leadership of Yancey, to whip that State into line 
 -with South Carolina, but it was unsuccessful. A Southern 
 Rights Convention assembled at Montgomery, February 10, 1851, 
 and passed resolutions approving the scheme for a Southern 
 Congress, requesting that the Governor convene the Legislature 
 for the purpose of electing delegates to the same, and recom 
 mending that the districts of the State elect delegates should the 
 Governor fail to call an extra session of the Legislature. 37 Early 
 the next month the State Rights clubs gathered at the same city 
 and undertook to organize a party to prepare for the immediate 
 secession of the State, but their number was too few to carry 
 weight. Only eleven out of the fifty-four counties were repre 
 sented, and Dallas, Lowndes, and Montgomery, all within easy 
 ride of the city, were the only ones that sent full delegations. 
 The more populous parts of the State, particularly the north and 
 west, were unrepresented, and it was asserted that the whole 
 project was condemned by three-fourths of the people. 38 
 
 36. Quitman to Preston, March 29, 1851, Claiborne, Life of Quitman, Vol. II, 
 p. 123. 
 
 37. Macon Republican, February 20, 1851. 
 
 38. Ibid, March 6, 1851. 
 
 1 10 
 
Virginia s response to the South Carolina recommendation of 
 a Southern Congress was thoroughly in keeping with the role of 
 pacifier and mediator assumed at the time of the nullification epi 
 sode, and it went a long way toward calming the excited state of 
 public feeling in South Carolina, and produced a reaction of 
 thought there. 39 While at one time Virginia herself had been 
 sufficiently wrought up over the action of Congress to look for 
 relief from Northern aggressions in a Congress of the Southern 
 States, 40 the passage of the compromise settlement had worked a 
 change of sentiment that placed her on the side of Union. On March 
 29, 1851, her Legislature took formal action on the South Carolina 
 invitation to send deputies to Montgomery, by adopting a set 
 of resolutions condemning the whole project as likely to destroy 
 the Union, and earnestly and affectionately appealing "to her 
 sister State of South Carolina to desist from any mediated seces- x 
 sion upon her part. 41 
 
 It was clear that South Carolina would have to secede and 
 face the consequences alone if she chose to adopt that course, 
 but this fact did not deter the more pronounced Secessionists. 
 The Southern Eights associations held a convention at Charles 
 ton, May 5, 1851, and adopted resolutions affirming the right of 
 secession, and declaring that South Carolina should secede with 
 or without the co-operation of the other Southern States. This 
 meeting formed itself into the Central Southern Rights Associa 
 tion of South Carolina, and issued an address to the Southern 
 Rights associations in the other Southern States. This address, 
 in setting forth their position, stated that they did not wish to 
 incur the censure of friends by their conduct, and, consequently, 
 would unite with them in any measure for effectually vindicat 
 ing their common rights and safety which they might propose; 
 but the self-abasement of submission appeared unworthy of 
 men pretending to be free, and, if left alone, they felt that they 
 must vindicate their liberty by secession. 42 
 
 Governor Means soon afterwards informed Governor Quit- 
 man of Mississippi that this convention was a fair exponent of 
 
 39. See Memminger s Address to the Legislature of Virginia, January 19. 1860; 
 Capers, Life and Times of Memminger, p. 253. 
 
 40. Acts of Virginia, 1848-1849, pp. 257-258. 
 
 41. Ibid, 1850-1851, p. 201. 
 
 42. Journal of the Convention, pp. 1-17. 
 
 Ill 
 
the opinions held in his State, and that there was not the slight 
 est doubt that when the Legislature met it would call the con 
 vention/ 3 and when the convention met the State would secede. 
 There was a small party opposed to separate State action but he 
 felt sure that it would go with the majority at the critical 
 moment. The submissionists were so few in number that they 
 were unworthy of notice. The leaders were still anxious for co 
 operation, and also anxious for some other State to take the lead, 
 but recent events had convinced them that South Carolina was 
 the only State in which there was sufficient unanimity to com 
 mence the movement, consequnetly, they would act even if they 
 had to stand alone. 44 Later developments will convince us that 
 Governor Means had not correctly gauged public opinion in his 
 State. 
 
 Since the delegates to the State Convention had already been 
 elected, attention was concentrated upon the election of deputies 
 to a Southern Congress, which was to take place upon the second 
 Monday in October, 1851. The whole State was stirred. Anti- 
 secession sentiment reigned in Greenville county, where the 
 people held a monster mass meeting at the court house and 
 adopted Union resolutions. 45 All but three out of a total of thirty 
 State newspapers, it was stated, were in favor of secession. The 
 commander at Fort Moultrie, in Charleston harbor, refused to 
 let the Moultrie guards celebrate their anniversary at the usual 
 place, the battery of the fort, because he could not permit dis 
 union language like that expressed by the orator at th elast 
 occasion of the kind. 46 
 
 Judge Memminger was active in the interests of cooperation 
 during the spring and summer of 1851, addressing conservative 
 meetings at Greenville, Pendleton and Charleston. In his 
 Charleston speech he brought forward practically the same objec 
 tions to single State action that were urged by Bishop Capers 
 during the preceding month of February. Each of the other 
 Southern States, ran his argument, had evinced its determina 
 tion not to leave the Union, and, in case of war, would be bound 
 
 43. This was the convention provided for by the Legislature in 1850. 
 
 44. Means to Quitman, May 12, 1851, Claiborne, Life of Quitman, Vol. II, p. 133. 
 
 45. Charleston Courier, July 12, 1851. 
 
 46. Seabrook to Quitman, July 15, 1851, Claiborne, Life of Quitman, Vol. II, 
 p. 141. 
 
 112 
 
to support that Union. Instead of merely losing California, by 
 seceding, South Carolina would abandon the whole property of 
 the Union to the States that remained. All of their trade would 
 go to Savannah, since South Carolina contributed but a small 
 proportion to the import trade of Charleston. 47 The above gives, 
 in substance, the gist of his argument. 
 
 A series of articles, signed Cincinnatus, " discussed in the 
 Charleston Courier, the question : "Is Secession a Practical 
 Remedy for the Evils Under Which We Live?" and concluded 
 that such action would increase rather than diminish them. 
 Savannah, and the shrewd people of Georgia, it was pointed out, 
 were wide awake to take advantage of any hasty move upon their 
 part, and the whole trade of the West would go to the Georgia 
 city. South Carolina could sustain no commerce as an independ 
 ent State. Their cotton planters would withdraw where they 
 could meet competitors upon common ground, taxes would be 
 raised, etc., 46 and in fact, the arguments are so strikingly simi 
 lar to those put forward by Bishop Capers that we could almost 
 assert one and the same person wrote them both. From the fre 
 quency with which it was used, we conclude that the appeal to 
 the commercial sense of the people, was the chief argument of 
 the Cooperationists. 
 
 The elections for the selection of deputies to attend a South 
 ern Congress were carried by the Cooperationists al lover the 
 State. Before they took place the Secessionists were very out 
 spoken and sure of success, while the Union men, feeling some 
 delicacy about openly declaring their sentiments, had remained 
 silent for the most part. This had made it extremely difficult 
 to gauge public opinion, 49 and it accounts for the over-confidence 
 expressed by Governor Means and others. The victory was really 
 a trium ( plj, for. the Unionists, since secession depended upon the 
 joint action of the other States of the South, and such coopera 
 tion was impossible. 
 
 But the radicals did not give up the fight even though the 
 election had gone against them. At the next session of the Leg- 
 islature, which was under their control, they passed an act, 
 
 47. Capers, Life and Times of Memmenger, pp. 204-222. 
 
 48. Charleston Courier, May 13-June 2, 1851. 
 
 49. Perry s Reminiscences, p. 161. 
 
 "3 
 
December 16, 1851, calling the convention to meet in April, 
 1852. 50 The delegates assembled at Columbia upon the 26th of 
 that month. One hundred and fifty-eight were in attendance; 
 among them were Governor Means, ex-Governor Seabrook, Maxey 
 Gregg, Langdon Cheves, and B. F. Perry. After the demonstra 
 tion of popular opinion at the fall election, it seems that the 
 Secessionists might have foreseen the uselessness of assembling 
 the convention, but it appears that they had hopes of accom 
 plishing something in spite of all signs to the contrary. In this 
 they were disappointed, for the delegates were, for the most part, 
 men holding cooperationist views. As it was, the action taken 
 was radical enough, but, under the circumstances, it amounted 
 to submission. An ordinance and a resolution were adopted by 
 a vote of 136 to 19. The former affirmed the right of secession, 
 and the latter declared that South Carolina forebore the exercise 
 of this manifest right of self-government from consideratoins 
 of expediency only. Minority reports were submitted by B. F. 
 Perry for the Unionists, and by Maxey Gregg for the Secession 
 ists, who were dissatisfied because the majority action was not 
 pronounced enough to suit their respective views on the ques 
 tion. 51 
 
 The collapse of the secession movement in South Carolina 
 marked the end of serious opposition to the compromise meas 
 ures of 1850. In all of the States where trouble was likely to 
 occur, the people had come to the rescue of the Union, and had 
 rendered the secession movement a failure. 
 
 50. Acts of South Carolina, December 1851, p. 100. 
 
 51. Journal of the Convention. 
 
 114 
 
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