H. OF R.] Admission of Missouri. [FEBRUARY, 1821. Eastern States, they have almost driven the | line of distinction is as strongly drawn as it is whole of them away-many to the West Indies, between the whites and them in the Southern and more to the Southern States; so that in the and Western States. Nor is this peculiar to the six Eastern States, I am informed, not more, at moderns; the same opinion was entertained by present, than a few thousand remain. the ancients of the then civilized world as exists at present. In speaking of the situation of the interior of Africa, where the black race were first found, it is natural to turn our attention to what it has been from the earliest ages we are acquainted with. In doing so we find that, of all the quarters of the globe, this is the only one which remains completely unaltered from the creation until the present moment. The African man is still as savage as ever he is as unchanged as the lion or tiger which roams in the same forests with himself. And here let me ask, how have they effected this? Why, as I have just said, by treating them, on every occasion, with the most marked contempt by never employing them when whites can be procured, thus reducing them to great penury and distress-by refusing to trust them with the defence of the country, or enrolling them in their militia-by denying them the right to serve on juries, or in their courts to give credit to their oaths in suits where whites are concerned-by preventing their marrying, under heavy penalties, with the whites and by even refusing to them the right It may be asked, Why this unchanged situaof remaining more than two months in their tion while always in the neighborhood, and State, under penalty of whipping; thus show- within the reach of all the most civilized part ing that, so far from wishing to treat or con- of the then known world? Why should every sider them as citizens, they view the mixture part yield to the extension of learning and the of their blood, and any connection with them, arts, while the Africans still continued the baras a disgrace to the whites. The only solitary barous and cannibal race they were from the privilege which it seems is granted them, is, on beginning? The reason is plain from the only pressing occasions, where votes are wanted, data given us to judge from. They certainly these degraded beings are frequently, in a most must have been created with less intellectual improper state, dragged to the polls, with tick- powers than the whites, and were most probaets in their hands which they cannot read, and bly intended to serve them, and be the instrucompelled, by men under whose influence they ments of their cultivation. A strong reason in are obliged to act, to disgrace, in the most favor of this opinion of their inferiority to the shameful manner, the highest privilege our Re- whites is, there never having been one of the public boasts, and which, I will venture to say, race, notwithstanding all the pains taken with is in no other country equally degraded, as by a them, that has attained any thing like what view of their condition, and the manner the may be termed mediocrity in learning; and, blacks are treated in Europe, will presently be for this and other reasons, some of the most shown. And, perhaps, this is the proper placeable philosophers in both continents, among to remark, that it was impossible for Missouri to have held any other opinions on this subject than those she did, when, in addition to all this, she well knew Congress had never, by their laws, naturalized any but whites, or admitted any other to be enrolled into the militia, or had, by any act, in the most remote degree, acknowledged or considered a black or colored man as a citizen. I find it difficult to say what opinion ought to be attached to the perseverance which the majority of this House have exhibited for three successive sessions, on this occasion, in struggling to establish the points for which they have contended, and in which they have shown so little attention, or have had so little respect for the feelings of their brethren of the Southern and Western States. It must have arisen either from a wish to dissolve the Union, and separate themselves from the slaveholding States, or from a total want of knowledge of the distinction which has, from time immemorial, existed in the civilized world, between the black and white race, and the strong and immovable line which has separated, and will for ever continue to separate, them in the Southern and Western States of this Union. There can be no question what the opinion of Europe is as to the black race; for there the whom may be named Mr. Hume and Mr. Jerferson, have invariably expressed the same sentiments. Such, too, has unquestionably been the opinion of all the most enlightened nations of Europe; or else, when England, and Spain, and France, and Holland had, by the discovery of America, acquired colonies there, why did they instantly send their ships to Africa, to stock them with slaves, and to no other place? Why not send to Asia, or take the native Indians in their neighborhood, and employ them? The reason was, that they found no other part of the human race so inferior in intellect to the whites as the Africans, or none which it can be so fairly presumed were created for the purpose of serving them. Let us now view the conduct of England. It is true, in the case of Somerset, her courts determined no human being could be held in slavery in England, but there they stopped. You never have heard of any of the colored race being admitted to the rights of British subjects so far as to vote at their elections, to serve on juries, to be admitted to swear in their courts; to be enrolled in their militia; or to be eligible to Parliament; or to hold any office of honor or profit under their Government. In their colonies they keep them in abject slavery, perhaps more so than exists in any part of the world, not even excepting the Portuguese or Spanish colonies. In the dominions of France in Europe, they carry the exclusion of the blacks further than in any European nation; for, by an ordinance of France, issued long ago by one of their monarchs, and still in force, they are forbid to enter, and all persons are forbid to bring them, under severe penalties, into France; stating in the ordinance, among the principal reasons which induced it, the determination of the French Government to prevent any intermixture between the white and black blood. It is not a little singular that, in the discussion which took place the last session, on the restriction, the able Senator whose recent death is so justly deplored as a public loss, should have used actly the same reasons in support of it. [H. OF R. They, in common with the people of all the States, supposed that the question had been put at rest for ever-they viewed the compromise as binding in honor on every part of the Unionthey had the good sense to know that, in a government so extensive as this, and differing in its climate and productions, and consequently in its interests, that every thing must be done by compromise that the Constitution of the United States itself was the work of compromise, and in nothing so remarkably and of such importance as on the very subject of slavery, in not only consenting the Southern States should have a representation for their slaves, but going the very extraordinary length further in allowing them, if they pleased, to keep the African trade open for twenty years-and that this conex-stitution of compromise was formed by a body of men, at least as well-informed and disinterested, and as much the lovers of freedom and humanity, as may probably ever again be assembled in this country; while therefore the constitutional compromise is, as it had always been, strictly adhered to, they can see no reason why on the same subject the compromise of the last session should not be they fear that the mere admission of a few free negroes and mulattoes cannot be the true cause of all these exertions, and of all this perseverance on the part of the majority of this House, but that something of greater importance is intended, by the astonishing anxiety now shown to keep the question open to the next session. We are, sir, very fond of imitating the Romans in every thing we can, without inquiring how far, from the very different nature of our Government, it was strictly appropriate. We have, in imitation of them, made the most ferocious of all the birds of prey our national standard, and named the edifice in which we are now legislating, the Capitol. Why not follow them in their opinions respecting the African race? Rome was well acquainted with them. She had carried her victorious eagles to Carthage, and afterwards to Alexandria; they were well acquainted with the interior of Africa, whose inhabitants were essentially different from those of Carthage and Egypt in color, and If this was not the case, I should have supinfinitely their inferiors in intellect. They posed a train of reasoning something like the were, as they are now, cannibals and barbari- following ought to have weight with the House. ans. So far from any of them, or their de- The constitution of Missouri, now under examscendants, ever having been considered as citi-ination, is formed truly republican, and indeed zens by the Romans, it does not appear they even condescended to make them their slaves; for, like the Greeks, all the slaves among the Romans were white. It is, therefore, probable that, like the French in Europe, they disdained to mix the Roman blood with them. How different must have been their opinions and feelings from those of our Northern and Eastern brethren, who now not only consent to receive and cherish them themselves, but wish to throw in upon Missouri and all the Southern and Western States, in the shape of citizens, the very race which Rome refused to receive and use as slaves! excellent in all its provisions, except the one objected to-in defence of this it is asserted that it is no violation of the Constitution of the United States, because no free negro or mulatto in any of the States, in the circumstances in which he is at present, can be considered as a citizen. That, except in the solitary right to vote in a few Northern States, he is destitute of every other qualification, and that until they, either by an alteration of their constitution or laws, admit him to a full participation of all the political rights of their white citizens, neither the Supreme Court or any other could consider him But, sir, it will be impossible for them to as such-that Missouri having no idea of the succeed. The distinction which has existed existence of such a thing as a black or colored from the earliest ages, in Europe and in Amer- citizen of the United States, and knowing that ica, from its discovery and settlement, down to all the Southern and Western States had for the present moment, can never be removed. many years passed laws to the same effect, Instead of diminishing, the very discussion of which laws are well known to Congress, being this question will increase its strength, as is now at this moment in their library and within the daily proved by the laws which have just passed, walls of the Capitol, and which were never beand others of a similar character now under dis-fore objected to by them or their courts, they cussion in the Southern States, and which never were no doubt warranted in supposing they would have been passed but for this attempt; had the same right. I repeat here what I asone much more dangerous and alarming than serted before, as I think it an argument of great that of the last session; it has come most unex-weight, that the silence of Congress on the anpectedly on them. tecedent laws of the Southern and Western States, on this very subject, might indeed be fairly considered as a sanction to the proceeding, or, might we not go further and say, this silence of Congress ought to be considered as full proof that they knew the imminent danger there was in the Southern and Western States admitting such persons, and, therefore, on every occasion where they were passed cheerfully acquiesced in them, and to go a little further, might not this acquiescence, under the operation of the maxim long received among jurists, and agreed to, "Qui non prohibet, quando prohibere potest, jubet," be viewed as at least a kind of tacit or implied recommendation? As to the idea which has been frequently thrown out in this debate, that Missouri knew it was repugnant to the constitution, and notwithstanding did it, as it were, to defy Congress, it is the most unfounded one imaginable. On the contrary, it appears by her constitution she has done every thing with respect to slaves she consistently could to recommend it to Congress; she certainly has done every thing she could, with propriety, to better their situation, and to display a very kind and humane disposition towards them; they are carefully guarded from bodily injury; a fair trial is secured to them, and, from the provisions respecting equality of punishment, no unusual severity can ever be exercised towards them. Nor is it to be supposed if they had had the most remote idea that the article objected to would have been considered as offensive or repugnant to the Constitution of the United States, they would have inserted it; for what purpose could they wish to irritate a Government from which they had every thing to expect, whose protecting arm was necessary to their growth and happiness, and whose refusal to accept their constitution and admit them into the Union must involve them in difficulties of the most inconvenient if not serious nature? No, sir, the idea of its being repugnant to the constitution could never have been conceived by them, much less could they have supposed it should have been considered as a defiance of your authority. They certainly had no such ideas, and if every other part of their constitution is in complete accordance with your actif all the rest of it is strictly republican, and in conformity with the Constitution of the United States, even supposing, which I do not admit, that this article or recommendation, or call it what you please, might be thought to clash with it, will you suffer a single clause or article to give a character to the whole, and while you confess, which no man can deny, that all the rest is excellent, that this single article shall suspend your admission of her into the Union, and leave you exposed to the difficulties such a state of things must produce? Mr. FORD, of New York, next spoke in vindication of his course on this subject, and in warm reply to Mr. Ross's remarks casting blame on those whose course had been the same as that of Mr. FORD. [FEBRUARY, 1821. Mr. CLAY concluded the main debate, by a speech of about an hour's length, in which he alternately reasoned, remonstrated, and treated with the House, to settle forever this agitating question, by passing the resolution before it. en Mr. Foor said he felt himself called upon, by the remarks which had fallen from the gentleman from Ohio, who had made an allusion to him, as if addressed to him by name, with a direct charge of inconsistency, to rise in his own defence, and to repel the charge; and he trusted the committee would excuse him for trespassing on their patience. Sir, said Mr. F., I would inform that gentleman that my course, during the whole discussion of this subject, during the last as well as the present session, has been regulated by one uniform principle, viz: a sacred regard to the Constitution of the United States. This has been my pole star. Believing, as I did, that the constitution did not warrant the imposition of the restriction, I voted against it. With the same regard to my oath, to support that constitution, I voted against the resolution for the unconditional admission of Missouri, at the present session, because her constitution contains an article which, in my opinion, is repugnant to the Constitution of the United States, and does not comply with the conditions proposed by the act of last session. And, sir, I must say, I can never vote for her admission on any other condition than that Congress require that this offensive article be expunged. Self-respect, and a due regard to our laws, require it. And I demand of that gentleman to show the inconsistency. The question was then taken on ordering the resolution to be engrossed for a third reading, and decided in the negative-yeas 82, nays 88, as follows: YEAS.-Messrs. Abbot, Alexander, Allen of Tennessee, Anderson, Archer of Maryland, Archer of Blackledge, Bloomfield, Brevard, Brown, Bryan, ButVirginia, Baldwin, Ball, Barbour, Bateman, Bayly, ler of Louisiana, Cannon, Clark, Clay, Cobb, Cocke, Crawford, Crowell, Culbreth, Culpeper, Cuthbert, Davidson, Earle, Eddy, Floyd, Ford, Gray, Guyon, Hackley, Hall of North Carolina, Hardin, Hill, Hooks, Jackson, Johnson, Jones of Virginia, Jones of Tennessee, Kent, Little, McCoy, McCreary, McLane of Delaware, McLean of Kentucky, Meigs, Mercer, Metcalf, Montgomery, T. L. Moore, Neale, Nelson of Virginia, Newton, Pinckney, Rankin, Reid, Rhea, Ringgold, Robertson, Sawyer, Shaw, Simkins, Smith of New Jersey, Smith of Maryland, A. Smyth of Virginia, Smith of North Carolina, Stevens, Storrs, Swearingen, Tompkins, Trimble, Tucker of Virginia, Williams of Virginia, and Williams of North CaroTucker of South Carolina, Tyler, Walker, Warfield, lina. NAYS.-Messrs. Adams, Allen of Massachusetts, Allen of New York, Baker, Beecher, Boden, Brush, Buffum, Burton, Butler of New Hampshire, Campbell, Case, Clagett, Cook, Crafts, Cushman, Dane, Darlington, Dennison, Dewitt, Dickinson, Edwards of Connecticut, Edwards of Pennsylvania, Edwards FEBRUARY, 1821.] Election of President and Vice President. [H. OF R. deemed by the committee the most expedient, under all the circumstances, and he hoped the House would adopt it, the more especially as the Senate had already concurred in it. of North Carolina, Eustis, Fay, Folger, Foot, Forrest, | case in the manner proposed. This course was Fuller, Garnett, Gorham, Gross of New York, Gross of Pennsylvania, Hall of New York, Hemphill, Hendricks, Herrick, Hibshman, Hobart, Hostetter, Kendall, Kinsey, Kinsley, Lathrop, Lincoln, Livermore, Maclay, McCullough, Mallary, Marchand, Meech, Monell, R. Moore, S. Moore, Morton, Mosely, Murray, Nelson of Massachusetts, Parker of Massachusetts, Patterson, Phelps, Philson, Pitcher, Plumer, Randolph, Rich, Richards, Richmond, Rogers, Ross, Russ, Sergeant, Silsbee, Sloan, Street, Strong of Vermont, Strong of New York, Tarr, Tomlinson, Tracy, Udree, Upham, Van Rensselaer, Wallace, Wendover, Whitman, and Wood. So the resolution was rejected. WEDNESDAY, February 4. Election of President and Vice President. Mr. CLAY, from the Joint Committee, to whom the subject had been referred, reported the following resolutions: Resolved, That the two Houses shall assemble in the Chamber of the House of Representatives, on Wednesday, the 14th February, 1821, and the President of the Senate, seated on the right of the Speaker of the House, shall be the presiding officer of the Senate, and the Speaker shall be the presiding officer of the House; that two persons be appointed tellers on the part of the House, to make a list of the votes as they shall be declared; that the result shall be delivered to the President of the Senate, who shall announce the state of the vote, and the persons elected, to the two Houses assembled as aforesaid, which shall be deemed a declaration of the persons elected President and Vice President of the United States, and, together with a list of the votes, be entered on the Journals of the two Houses. Resolved, That, if any objection be made to the votes of Missouri, and the counting or omitting to count which shall not essentially change the result of the election; in that case they shall be reported by the President of the Senate in the following manner: Were the votes of Missouri to be counted, the result would be, for A. B. for President of the United States, votes; if not counted, for A. B. as President of the United States, votes; but in either event A. B. is elected President of the United States; and in the same manner for Vice President. Mr. CLAY offered some remarks explanatory of the considerations which governed the committee in recommending the resolutions which had been reported. As convenience rendered it necessary for the Senate to meet this House here, in its own Hall, it was due to that body, by courtesy and propriety, that the President should be invited to preside, he being the officer designated by the constitution to perform a certain duty appertaining to the occasion which called the two Houses together. As to the second resolution, the state of the votes for President and Vice President was well known, though unofficially, and, as the votes of Missouri could not affect the result, it was considered by the committee, to obviate the unpleasant difficulty which would otherwise arise in the joint meeting, better to provide for the VOL. VII.-8 The question was taken on the first resolution, and agreed to without a division, though several nays were heard. The question being stated on the second resolution Mr. RANDOLPH said he could not consent to this special verdict, as it had been called, in the case of Missouri. He could not recognize in this House or the other House, singly, or conjointly, the power to decide on the votes of any State. Suppose, he said, you strike out Missouri, and insert South Carolina, which also has a provision in its constitution repugnant to the Constitution of the United States; or Virginia, or Massachusetts, which had a test, he believed, in its constitution; was there any less power to decide on their votes, than on those of Missouri? He maintained that the Electoral College was as independent of Congress, as Congress of them; and we have no right, said he, to judge of their proceedings. Mr. R. said he would rather see an interregnum, or see no votes counted at all, than to see a principle adopted which went to the very foundation on which the Presidential office rested. Suppose a case, in which some gentleman of one House or the other should choose to turn up his nose at the vote of some State, and say that if it be so and so, such a person is elected; and if so and so, what-you-call-em is elected-did not everybody see the absurdity of such a proposition? Mr. R. added other remarks illustrative of his opinion of the course proposed by the resolution-deeming it not only erroneous, but erroneous in a matter of vital importance-in the ascertainment of the person who had been elected by the people Chief Magistrate of this nation-the most important officer under the constitution-the monarch-for, whoever, in any country, commands the army and navy, and collects and distributes the revenue, is a king, call him what you will. The time of this House was precious, and he would not consume it, by saying all he thought and felt on the subject. Mr. TRIMBLE was far from desiring to consume the time of the House, or to embarrass the House, but he could not give his consent to this resolution. If any thing was due to State rights, this resolution ought not to be adopted; as it would, however immaterial in the present case, be cited hereafter as a precedent; and precedents were becoming important things in the public transactions. The House might set an example by this vote, as ruinous in its consequences, as any decision which could be made. It was about to declare, not what was the true vote for President of the United States, but to state it hypothetically. Mr. T. argued at some length against such a course. Suppose some member in joint meeting should ask the Presi H. OF R.] Election of President and Vice President. dent of the Senate how many votes were given -he must answer in the words of the resolution, and therefore would not state the fact, according to the law. It was the duty of the two Houses to enunciate the true state of the vote for President and Vice President, and the proposed annunciation would not be the fact. He concluded by saying that he would rather that the votes of Missouri were left out altogether, than adopt the course proposed. Mr. RANDOLPH observed that the gentleman was under some mistake on one point. The Constitution of the United States provides, not that the person having a majority of votes should be President, but a majority of the votes of the Electors appointed. Now, he desired to know whether the Electors of Missouri were appointed or not. [FEBRUARY, 1821. allowed her to vote for President and Vice President, and counted her votes, it would be a full admission of the State into the Union; but the committee thought, as there were other and more usual modes of admitting the State into the Union, it was better not to bring up the question in the discharge of this solemn and indispensable duty, but to allow that ceremony to proceed, if possible, without difficulty or embarrassment. Mr. RHEA said the constitution had in it neither waiving or elasticity, and it would not bend to circumstances or expediency. The constitution had declared the duty of Congress in ascertaining the votes for President-it was not competent for them to mend the constitution, nor to decide such a question as this proposed, and he was opposed to the resolu Mr. TRIMBLE said the very reason urged for this resolution, was that which constrained him to oppose it; and proceeded further to argue that it would be better to exclude the votes entirely, than set such an example. Mr. FLOYD said he was aware that the question. tion to agree to the resolution was tantamount to a motion to reject, but he would prefer the latter shape for the question, to show more strongly his opinion of it—it would suit his feelings towards it better. We have been going on for several years, said he, accumulating power until scarcely any is left but in Congress. If they had any power over the votes of Missouri at all, he said, it was when her votes were first received; but no such power existed. The votes of Indiana, at the last election for President, were counted when precisely in the same situation as those of Missouri now. He protested against this assumption of authority on the part of Congress, and wished to show his disapprobation of the resolution in the strongest manner. Mr. CLAY said the constitution required of the two Houses to assemble and perform the highest duty that could devolve on a public body-to ascertain who had been elected by the people to administer their national concerns. In a case of votes coming forward which could not be counted, the constitution was silent; but, fortunately, the end in that case carried with it the means. The two Houses were called on to enumerate the votes for President and Vice President; of course they were called on to decide what are votes. It being obvious that a difficulty would arise in the joint meeting, concerning the votes of Missouri, some gentlemen thinking they ought to be counted, and others dissenting from that opinion, the committee thought it best to prevent all difficulty by waiving the question in the manner proposed, knowing that it could not affect the result of the election. As to the condition of Missouri, he himself thought her a State, with a perfect moral right to be admitted into the Union, but kept out for the want of a ceremonious act which was deemed by others necessary to entitle her to admission. Though, in his opinion, a State in fact, yet not being so in form, her votes could not be counted according to form. He was aware that the question of her admission might come up and be decided in this very shape; for if Congress Mr. CULBRETH said he could hardly say whether he was most gratified at being relieved, by the gentleman from Virginia, (Mr. RANDOLPH,) from being the first to make objection to the proposed resolution, or grieved that he could not have the support of the gentleman from Kentucky, with whom it had given him great pleasure usually to act. The people of Missouri were, by the act of the last session of Congress, authorized to form a constitution and State government; and, in the first article of that constitution, it is declared that the said State, when formed, "shall be admitted into the Union upon an equal footing with the original States, in all respects whatever." Believing that the people of Missouri, having formed a constitution and State government, in compliance with the act of last session, in all its provisions and conditions, and considering that she is, in fact, a State, and of right, if not in fact, (and he inclined to believe she was in fact,) a member of the Union, and that she is kept out of the enjoyment of her rights by a sheer act of power-he spoke this in reference to the act, and not to the actors—that simple justice required her admission to the enjoyment of her rights. Mr. C. said he found, on examination of the constitution of Missouri, that all officers, civil and military, are required, before entering upon the duties of their respective offices, to take an oath to support the Constitution of the United States, as well as of that State. It is declared (I use the word declared emphatically) by the constitution of the said State to be the duty of the General Assembly, as soon as may be, to pass such laws as may be necessary "to prevent free negroes and mulattoes from coming to and settling in said State, under any pretext whatsoever." This last clause is supposed by some to be repugnant to the Constitution of the United States. It is believed that a fair construction of the clause |