History of Ashtabula County, Ohio, Part 32

Author: Williams, W. W. (William W.)
Publication date: 1878
Publisher: Philadelphia : Williams brothers
Number of Pages: 458

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At the southern meeting a programme was arranged and a slave-holding Whig selected to lead the assault. The choice fell on Tom Marshall, of Kentucky, a nephew of the late chief justice. He inherited the family ability, was a brilliant speaker and emulous of the place. In the presence of the foreign attaches and privileged persons, and such a crowd as only the capitol sees, the house convened the next morning. I can but glance at the proceedings of this memorable trial. A premiuble and two resolutions were moved by Mr. Marshall as a substitute for the Gilmer censure. The preamble was an elaborate eulogy of the union. The resolutions declared that Mr. Adams had offered the deepest insult to the people of the United States that was possible, which, if not punished, would degrade the country "in the eyes of the whole world." That he merited expulsion. In merey, the house would only inflict upon him their severest censure, and turn him over to his own conscience and the indignation of all true American citizens.

Surely these men never can dissolve the union. Mr. Marshall fully realized the expectations of his side. He charged the venerable man with treason. MIr. Adams arose with composed dignity, and, on being recognized, said he did not intend to address the house then. He would first learn if the house would enter- tain the resolution. He called for the reading of the first paragraph of the Declaration of Independence. It was read down to the declaration of the right to alter, abolish, and reorganize government when it failed to secure the just ends of its ereation. He then went ou to point out wherein the government of the United States had failed, and the people had a right to correct the evils and ask the aid of congress in the work. He proceeded with severe distinctness to specify

HISTORY OF ASHTABULA COUNTY, OHIO.

the wrongs and injustice wrought by the government through a coalition of slave-holders and Demoerats, and it was time the people by their petitions should arouse the nation, and he sat down. Everett, of Vermont, moved to print and postpone the resolutions two weeks. Wise proceeded to debate that motion, in a long-prepared speech of great severity. Mr. Adams retorted on him the Cilly duel, and turned on Marshall with a blasting, withering speech, ridiculed his law and set him apart by sareasm. Marshall, as if in defianee, arose, and stood faeing him. A hush fell on the thronged house as the old man, wrought to the highest, poured upon him his wrath, seorn, and derision. IIe turned to the subject matter, then at his best. Not a breath, whisper, or rustle was heard. Reporters were charmed, slave-holders were melted to tears. When he sat down, Marshall stood transfixed, without the power to fall, and he remained till a friend reealled him to conscious- ness. He never fully recovered, and was reported to have said to John Campbell, of South Carolina, that he " would rather die a thousand deaths than again encounter that old man." Mr. Giddings, and the small band of Mr. Adams' supporters, were no longer anxious, and the Whigs of the north gathered about him. Not only these, but Botts, of Virginia-who soon after behaved so badly toward Mr. Giddings-and Arnold, of Tennessee, came to his aid, though he needed none. Marshall again addressed the house, preparing the way for retreat. On the 3d of February, Mr. Gilmer proposed to Mr. Adams to withdraw the petition, and he would withdraw the resolution of eensure. Mr. Adams refused, entered upon his defense, and spoke the rest of the day in review of his own career. On the next he complained, and justly, of the misreport of his remarks, and asked a delay till a competent reporter could be procured. Marshall objeeted, and moved the previous question. In the face of this attempt to eut him off, he resumed. Mr. Giddings secured a seat inside for Dr. Leavett, a competent re- porter. The slave-holders exeluded him, but he seeured a place outside the bar. The southern men beeame greatly dissatisfied with the aspeet of things uuder the hands of the old man, and they called him to order. The chair sustained him, and the house sustained the speaker. Mr. Adams consumed the day without concluding. As he was about resuming the next day, a Georgian wished to know how much time he would consume? He could not tell how much he might re- quire, but he thought he might elose in ninety days. This opened new views to the prosecutors. Mr. Adams had spent three days in the arraignment of slavery, and proposed to go on three months longer. Mr. Botts moved to lay the whole subject on the table, which prevailed, one hundred and six to ninety-three. Slavery, blind and unknowing, was to go on multiplying expedients for its own power and protection, which were to fail, till by its lust it should perish.

The attempt to eensure Mr. Adams was followed by an equally unwarrantable and more unjustly-eondueted assault upon Mr. Giddings. The eoast-wise slave- trade had become very extensive. It was estimated that twenty-five thousand were annually transferred from the breeding to the cotton, sugar, and riee States, where the average continuanee of the slave's life was seven years. It is remem- bered that, by treaty with England, the two nations were solemnly bound to sup- press the African slave-trade,-Great Britain from philanthropy, Ameriea to seeure the monopoly of the market to the domestie producer. The " Comet" in 1830, the " Encomium" in 1834, were wrecked on the British islands, and the slaves liberated. Mr. Calhoun had tinkered up our end of international law, but England refused to pay for them. In October, 1841, the " Creole" left Hampton Roads with one hundred and thirty-four slaves for New Orleans. On the 7th of November, on the " high seas," they rose on the officers and erew, subdued them, and learning that there were not provisions to sustain a voyage to Liberia, they directed the mate to steer for Nassau, where they were landed and free. Mr. Webster, secretary of state under President Tyler, demanded a return of the " mutineers and murderers," as he called them, and also deelaring that they were property by the constitution of the United States. Great Britain refused ; much controversy ensued. Great interest was felt in the matter in this country. Mindful of Mr. Calhoun's resolutions on the same subjeet, Mr. Giddings em- bodied his own views in a set of carefully-prepared propositions to be offered in the house, deelaring that, prior to the adoption of the constitution, the several States had complete power over slavery within their own borders, and surrendered none of it to the Federal government by the adoption of the constitution. That they did surrender to the general government all power on the high seas. That slavery, being an abridgment of human rights, existed by foree of municipal law, and confined to the jurisdiction of the State which created it. That a ship, when it leaves the waters of a State and enters upon the high seas, ceases to be under the laws of the State, but is, with the persons on board, under the laws of the United States; and when the " Creole" left the jurisdiction of Virginia, her slave-laws eeased to be of foree over the persons on board. That when such per- sons asserted their personal rights, they violated no law of the United States, and all attempts to re-enslave them were unwarranted by the constitution or laws of the United States and incompatible with national honor. That all attempts to place 20

the coast slave-trade under protection of the government were subversive of the rights of the people of the free States, injurious to their feelings, unauthorized by the constitution, and prejudicial to the national character. On the 21st of March, 1842, he offered them in the house, saying he would eall them up on the next day, when resolutions were in order. They were read and re-read, on call, by the elerk.

The excitement produced by them is incomprehensible at this day. Mr. Everett, of Vermont, a leading Whig, expressed his " abhorrenee of the fire-brand course of the gentleman from Ohio." Mr. Cushing, of Massachusetts, said " they were a British argument, an approximation to treason, on which he should vote no." After these and other expressions, Mr. Fillmore asked if it would be in order to request the mover to withdraw the resolutions. The speaker replied in the affirmative. Mr. Giddings was surprised by the excitement produced by his propositions, especially by the strong remarks of northern men. He did not wish that matters so important should be disposed of in so summary a way, under excitement and without consideration, as the house showed a disposition to do. He felt certain they would meet the approbation of the northern men of judg- ment when they could be considered without heat. With this refleetiou, he withdrew them, saying that he had now ealled attention to them, they would be published, and that at the next opportunity he would present them for action. He had mortally offended ; he was not so to escape. Men who would not leud themselves to the persecution of Mr. Adams had already denouneed Mr. Gid- dings. Mr. Botts arose, saying the withdrawal did not exeuse the presentation, and offered for adoption three whereases and one resolution, reciting that Mr. Giddings had presented resolutions touching matter under negotiation of the ut- most interest, and which might involve the two nations, and perhaps the eivilized world, iu war. That it is the duty of every representative to discountenance di- visions among the people, and not assume grounds hostile to the high funetionary having in charge this delicate trust. That mutiny and murder are justified and approved (by Mr. Giddings) in terms shoeking to the sense of law, order, and humanity ; therefore

" Resolved, That this house holds the conduet of the said member is altogether unwarrantable, and deserving the severest condemnation of the people of this eoun- try, and of this body in particular."

As Ohio and not Virginia was in order on the eall, John B. Weller, a colleague of Mr. Giddings, offered the propositions as his own, and demanded the previous question, which, it was thought, would exclude Mr. Giddings from a hearing. The slavoerats did not mean to have another defense. The speaker decided that it was a question of privilege, and the previous question would not eut off the aeeused from his defense. It was Fillmore who appealed to the house from this decision, which reversed the speaker (one hundred and eighteen to sixty- four), and the house adjourned. Great confusion attended these proceedings, and the vote showed Mr. Giddings what he might expect. He supposed, however, that he would be permitted a defense, and would probably be compelled to make it the next day, and spent the night in preparation. Mr. Adams, greatly depressed, assured him that he would not be allowed to speak for him- self, and that the resolution would be adopted. He knew the character and in- stincts of slave-holders too well. Mr. Giddings expected the resolution would pass, but supposed he would be heard. In the house, the next day, in presenee of a great erowd, Mr. Weller offered to withdraw the demand for the pre- vious question if Mr. Giddings would at once proceed with his defense. Mr. Giddings, with great dignity, declined to stipulate for the purchase of a right, which the constitution awarded him. The previous question was seconded by seventy-seven to seventy, and ordered. Mr. Weller, having seeured this triumph, moved a suspension of the rules to permit Mr. Giddings a hearing. The speaker declared that the house having ordered the previous question, it must be put. Mr. Adams suggested that even the previous question did not preclude a member from defending himself. The speaker reminded him the house had decided that it did. The house was reluctant to proceed in the position to which it had re- dueed itself. It was proposed that Mr. Giddings be heard by common consent. As there seemed a unanimous wish to hear him, Mr. Giddings arose. " Mr. Speaker," said he, "I stand before the house in a peculiar position." Mr. Cooper, of Georgia-" I objeet." Mr. Giddings resumed his seat. Members gathered around Cooper and indueed him to withdraw. Mr. Calhoun, of Massa- chusetts-" I renew it. I will not see a gentleman speak under these circum- stanees." The vote was taken on the resolution to eensure. It passed, one hundred and twenty-five to sixty-nine. Of the majority, forty-six were from the free States. Of these, seven were from Ohio. Mr. Wise said he would not vote on such a question. Mr. Barnard, of New York, said the whole thing was uneonstitutional, and he would take no part in it. When the vote was announced, Mr. Giddings took formal leave of the speaker, offieers of the house, his personal friends, and, with a haughty bow to the house, withdrew. At the front door he was met by Mr. Clay, who congratulated him for the firmness with

HISTORY OF ASHTABULA COUNTY, OHIO.

which he had sustained himself, saying no man could doubt his right to ex- press his views against the slave-trade, especially as the President and senate were declaring in favor of it. The memory of this magnanimous conduct of Mr. Clay tended much to strengthen the friendship and kindness of Mr. Giddings for him in the later years of that statesman's life.

It may have been expected that Mr. Giddings would not resign. It is possible that many northern Whigs regretted the censure less than the prominence it would give him, conspicuous as he already was. He was now, in the early years of his career, to touch the source of life, energy. and strength,-the people, and be endued with the might that should bear him in triumph through the fiercer conflicts which awaited him. Slavery closed his mouth and then mocked him, manacled and then buffeted him, in the face of the world. Had she known him she would have forborne. He resigned his scat and hastened to Ohio. How tardily moved the lumbering stage-coach over the five hundred intervening miles of road !

On the next day the following note appeared in the National Intelligencer, in the report of the proceedings :

"TO THE REPORTER OF THE Intelligencer :

"When I arose so often during the confusion of business in the honse this day, and was so often called to order, the last time by Hon. Mark A. Cooper, of Georgia, I had written out, and desired to have stated to the house, what follows :

" Mr. Speaker,-I stand before the house in a peculiar position. It is proposed to pass a vote of censure npon me, substantially for the reason that I differ in opinion from a majority of the members. The vote is about to be taken without giving me an opportunity to be beard. It were idle for me to say that I am ignorant of the disposition of a majority of the members to pass the resolution of censure. I have been violently assailed in a personal manner ; nor do I now ask for any favor at the hands of gentlemen; but in the name of an insulted constitu- ency, in behalf of one of the States of this Union, in behalf of the people of these States, and of our federal constitution, I demand a hearing in the ordinary mode of proceeding. I accept no other privilege. I will receive no other courtesy.

" J. R. GIDDINGS."

On that day the house was dissatisfied with itself. Both Mr. Adams and Mr. Weller desired amendments of the house journal. Everett, of Vermont, wanted five thousand copies of the proceedings printed for distribution. Stanley, of North Carolina, would print twenty thousand if Mr. Giddings' resolutions could be appended. Everett agreed. Mr. Adams suggested fifty thousand. Stanley did not further urge printing the resolutions. They were published widely, and commented on at the north with valuable results.

The ahject state of the common mind of the north on the whole subject of slavery cannot now be comprehended. The average man believed Mr. Giddings had no right to advance his sentiments, and though no man anywhere attempted to refute them, many in elevated positions denounced him as a demagogue and a pestilent mischief-maker. But the northern mind was aroused, many able journals calmly and wisely discussed the views and conduct of Mr. Giddings, and the principles involved in the action of the house. The event had point and effect easily apprehended, and the result a powerful recoil against slavery in the popular feeling and sentiment of the free States. When Mr. Giddings reached Warren, the first large town in his district, he found the court in session. He was called on for a speech, and responded in a powerful address of three hours. At its close a young Democratic lawyer nominated him for re-election, which was accepted with acclamation. At Jefferson, Ashtabula, Painesville, Cleveland, Chardton,-everywhere where he made his appearance the popular heart was with him. Admirably-prepared sets of resolutions were adopted at several meetings, sent forward to the house, received with respect, and entered upon its journal. Governor Corwin, of Ohio, named the earliest day for the special election, and though at the last moment the Democrats put a candidate in the field, the vote for Mr. Giddings was quite unanimous. Five weeks after his censure, he announced his own re-election to the house, received the oath, the warm congratulations of Mr. Adams, Slade, Gates, and others, returned to his own seat. and met the scowling looks of his foes with a serene smile. Nothing more was heard of the " Creole" in the senate ; nor did Mr. Webster again urge it upon the British cabinet, nor did the President or his successor, Mr. Polk, revive the subject. In the long and hitter war then just taking form no single event was more fortunate or important to the advocates of freedom and justice than this incident in the life of Mr. Giddings. The pro- ceedings of the honse were republished in London and spoken of in Paris, and the name of Mr. Giddings became a familiar sound in Europe. It was known in the house that he had been instructed by his constituents to re-present his propo- sitions to that body on the first resolution day. No one doubted his determina- tion to do it. The majority, however, controlled the house, and for the residue of the session resolution days were devoted to other purposes. There was no call of the States. Mr. Giddings was not to be wholly foiled, and availing him- self of the opportunity of the committee of the whole, he delivered his speech, sustained his position, and vindicated himself. The speech was able, brave,

caustic, and listened to in respectful silence. Nobody replied to it. In his " Thirty Years" (war ?), Mr. Benton devotes a chapter to the " Creole." He abridged, as he called it, the dehates of congress. Neither work mentions the censure of Mr. Giddings. It is a chapter that slavery would ahridge,-erase. Substantially, the right of debate was recovered by Mr. Giddings, although the twenty-first rule grimly dominated the house for two years longer.

During the recess of the Twenty-seventh congress. Mr. Giddings wrote a series of papers over the signature of " Pacificus," devoted to a careful and elaborate analysis of the relations of the people of the free States to slavery, under the constitution. His doctrines are truisms now. They struck the popular mind as novel then. It was just awakening to this subject, and heard them with avidity. The dominant ideas were those of the " Creole" resolutions. Slavery, a wrong, could only exist by positive law, and was wholly within the power and control of the State enacting the law. That the people of the free States were in no way responsible for slavery in the slave States. Neither to uphold or destroy. Free- dom was their institution ; as they were not responsible for slavery in the States, so they must be held free from the cost and infamy of it. That the Federal goverment could no more abolish one than the other within the States. That everywhere, outside of the States where their laws could not go, the authority of the Federal government was supreme, and that it must be used to secure the ends and promote the objects of its creation, as set forth in the document and preamhle of the constitution. The articles were vigorously written and tersely expressed. Mr. Giddings always put himself well on paper. They were widely copied, col- lected and issued in pamphlet form, and were an efficient means of forming a cor- rect public opinion. The Democrats were shrewd in not discussing the questions, and so no issues could be made with them. The northern Whigs, though as- senting to Mr. Giddings' views, were prevented from acting upon them, and this inert sentiuient was a bar to any great progress of the Liberty party, and it came to regard Mr. Giddings as its principal obstacle.

Though a slave-holder, the Whig speaker-White, of Kentucky-appointed him chairman of the committee on claims. On his resignation, a new chairman was appointed for the residue of that session. At the opening of the 3d, the southern men demanded that Mr. Giddings should not he reappointed. Mr. Gid- dings and his friends remained passive. The speaker, however, with the courage of a Kentuckian, had always denounced the censure, and unhesitatingly reap- pointed him. By the ancient rules, the committees had the power to elect their chairmen. It had so long been the usage to select the first named by the speaker on the list, that he came to be recognized as the head, without action by the com- mittee. Five of the claims committee voted for Mr. Giddings' censure. They conspired for his removal, and named the day. Mr. Warren, of Georgia, had the kindness to give him notice of the plot, and suggested resignation. Giddings said he was appointed for his fitness and high character. He would meet the conse- quences. Arnold, of Tennessee, rebelled, and was not present. Medill, of Ohio, went in pursuit of Arnold ; neither returned, and no change was attempted.

Near the close of the session came a claim for slaves lost in Florida in the invasion of 1814. It had been up many times, and now, to avoid Mr. Giddings, it was sent to another committee, which reported for payment. Mr. Giddings posted many of the speaking northern Whigs to assail it, but in vain. Slade was ill, and Gates not a speaker. Mr. Giddings attacked it with such force that Mr. Adams, old and infirm, came to his aid, and the bill was lost by thirty-six majority. Another came up. It seems that General Jackson had induced Great Britain to pay seventy- five thousand dollars for the " Comet" and ". Encomium" slaves, wrecked before the West India emancipation. This money he disbursed to claimants, all but four thousand dollars, which he handed over to Mr. Van Buren. It was not called for until after the retirement of that gentleman. He placed it in the treasury. The treasurer refused to pay it without an act of congress, and claimants went to that body. Fillmore reported a bill as required, which was placed in the hands of Stanley. Giddings explained the case to Stanley, and told him that he would not oppose a hill to replace the money in the hands of the executive, and thus es- cape the odium. Stanley agreed, and a new bill was substituted and passed. When it came up in the senate the original was restored, passed, and sent to the house. Mr. Giddings demanded an explanation. Mr. Stanley would give none, hut said Mr. Giddings should have an opportunity to express his views on it. When it came up Mr. Stanley demanded the previous question. Mr. Giddings demanded the yeas and nays, voted for the bill, moved a reconsideration, and thus secured the floor, spite of falsehood and slavery. He spoke under intense excitement,- he could carry any amount,-and made one of his most effective speeches. Since Mr. Adams' excoriation of it, slavery and the slave-trade had received no such flagellation. Mr. Cushing, of Massachusetts, replied. The bill passed, one hun- dred and forty to thirty-eight. Mr. Giddings' speech was not reported, nor did any synopsis of it appear in the Congressional Globe, or any paper under slavery dominion. Many of his friends long affected to deplore its utterance. Whoever

HISTORY OF ASHTABULA COUNTY, OHIO.

wishes to know what he said, and understand the coastwise slave-trade, can do both by turning to the thirty-second page of his speeches. During the delivery of this speech, Dawson, of Louisiana, passed near him from behind, gave him a push, uttering " Dawson," stepped by, turned and confronted him, with his hand on the handle of his knife protruding from his bosom. He was within striking distance. Giddings, " Did you push me in that rude manner ?" Dawson, "Yes." Giddings, " For the purpose of insulting me ?" Dawson, " Yes." Giddings, " I turn you over to public contempt, as incapable of insulting any honorable man," and resumed his speech. Dawson was taken out by his friends, and not buried, as we shall learn. When the matter was brought to the notice of the house, several gentlemen stated what occurred. No action was taken by the house. The northern Whig journals were filled with it for some time. The expose of Mr. Giddings brought upou the house a freshet of petitions against the inter-State slave-trade.

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History of Ashtabula County, Ohio, Part 32

Author: Williams, W. W. (William W.) Publication date: 1878 Publisher: Philadelphia : Williams brothers Number of Pages: 458

Author: Williams, W. W. (William W.)
Publication date: 1878
Publisher: Philadelphia : Williams brothers
Number of Pages: 458