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33D CONG....2D SESS.

otherwise, the road, or any portion of it, should be forfeited to the Government, it will be for the gentleman from Maryland himself, if then a member of this body, and such others as may then have the control of Federal legislation, to say what constitutional use or disposition shall be made of the forfeiture.

But the gentleman from Maryland insists further, that the bill is unconstitutional because it provides for a grant of lands. Now, I wish to ask the gentleman-and I want his answer-does he think the Government possesses the power to grant a right of way, of a mile in width, through the public lands?

Mr. HAMILTON. I think the Government has the right to grant the right of way; but a grant of lands is another thing.

Mr. McDOUGALL. Government, then, has the power to grant the right of way for a mile, but no power to grant lands for one mile or ten miles.

Upon what clause in the Constitution does the gentleman found his distinction? Where does he find the power to grant the right of way over land, or, in other words, the power to grant the use of land, without the power to convey the title? There is no distinction of this kind. The power either exists, or it does not exist in the Federal Government. If it exists to the smallest extent, it exists because there is full power over the subject. Now, sir, under what clause does the gentleman find the power to grant the right of way? I suppose it is under what he calls the eighth section, the power to provide for the common defense and general welfare; he would not undertake to locate it more definitely. But, sir, we appeal to no doubtful or questionable provision of the Constitution, when we claim that Congress possesses the power to grant the public lands; we do not appeal to the eighth section, nor to the military power, nor to the naval power, nor to the power to make post roads, but we find the power and right given in the express letter of the Constitution:

"Congress shall have power to dispose of, and make all needful rules and regulations respecting, the Territory or other property belonging to the United States."

What power more perfect than this could have been given over the public domain? The term to dispose, is one known to the law, and the power to dispose conveys the unlimited right of disposition. The legal and the popular signification of the term is the same, and it is by construction or interpolation alone that it can be limited. The gentleman says that to dispose means to sell. Sell for what? Sell for one dollar and twenty-five cents per acre? Why not for five dollars, or for five cents? or rather, why not carry out the idea, and make the proposition complete, and say that the only constitutional way to dispose of the public domain is to sell it, as at sheriff's sale, to the highest bidder, for cash in hand? But the suggestion is, that Congress is a mere trustee of the public domain, with certain limitations on its trust. I would like to see the limitation in the Constitution, and then I would like to know what supervising court of equity Congress should appeal to, so as to be able prudently to manage the estate for the advantage of the beneficiaries.

The fact is, sir, the gentleman from Maryland, instead of standing by the Constitution, is a most extravagant latitudinarian. He is more of a latitudinarian than any one ever accused Mr. Webster of being. Mr. Webster only claimed the right to expound the Constitution. The gentleman from Maryland undertakes to interpolate into the Constitution. The power given by the Constitution is too large, therefore he takes the liberty of interpolating a proviso. He finds the power given to dispose; he interpolates so as to make it read, the power to dispose of by sale, at $1 25 per acre. I think, as I said before, that, to make his idea perfect, he should interpolate so that it should read, the power to dispose of by sale at public auction to the highest bidder for cash in hand.

Mr. HAMILTON. The gentleman misunderstands me. I do not question the right of the Congress of the United States to dispose of the public domain, but the object for which it is to be disposed of. If the object is constitutional, then there is no question as to the right.

Mr. McDOUGALL. I did not so understand he gentleman. I understand him now to admit

Pacific Railroad—Mr. McDougall.

that the power exists generally, but that it may be qualified by the object for which the power is exercised. Now, sir, power is one thing, and the object of its exercise is another. If it is admitted that the power exists, there will have to be a new school of constitutional law established before it can be maintained that the exercise of that power can be constitutionally qualified by the object proposed.

But the burden of the gentleman's objection is, that this bill proposes the construction of a Government road. I have said enough upon this point, but I must say I have been surprised by this objection. It was the most distinct purpose of the framers of this bill that it should not be a Government work. Apart from all questions of a political character, they knew that it would take the Government twice as long, and would cost the Government twice as much, to build the road as if it was undertaken and managed by private and personal interests. We all know something about Government works; and we all know that, in all || business of this kind, she is both slow and wasteful. I wish the road to be a thing of the present generation; and for this, if for no other reason, I prefer that it shall be a matter of individual enterprise, to which the Government contributes nothing without an equivalent consideration, and with which the Government has nothing more to do than, by the force of its great arm, to give it life and motion.

The amount of the lands granted is another objection of the gentleman. He says it will amount to a grant of twenty-seven million of acres. The gentleman's estimate is an exaggerated one; but let me remind the committee that a thousand miles of this road lies in the remote country of the interior, and passes over rugged mountains and extensive deserts. Nearly all the lands proposed to be granted, except those in the State of California, are at present almost inaccessible and totally valueless. This bill proposes to open that vast and now inaccessible country-to run through it a road, which, like a great river, will give to it communication, commerce, and wealth-a road which will not only make the territory immediately along its line valuable, but which will open up to settlement and civilization territory equal to a dozen States. If the lands granted, now valueless, are made valuable, the lands, also, of the Government are made valuable. The lands of the Government will derive from this communication all their value. If, under the provisions of this bill, the road is constructed, the Government must necessarily derive immense pecuniary advantages.

There is no danger, under the provisions of this this bill, of establishing a vast landed monopoly; the bill is properly guarded, and the grantees must sell within a specified time, or forfeit the remaining lands to the Government.

The gentleman from Maryland is alarmed at the idea of organizing a vast and overshadowing monopoly; an interest which will hereafter come into these Halls and demand legislation upon its own terms; an interest which will control States and influence the nation; an interest more powerful than the old Bank of the United States, and more dangerous.

The cost of this road would be about seventyfive millions. There is now six hundred million of railroad capital in the United States, and I have never heard that this capital in any way threatened our political institutions. Several States have splendid systems of internal improvements; I never understood that they were regarded as mischievous. Illinois has now roads equal to a line from Missouri to California, and I take it she is not worse off now than she was ten years ago without them. I take it that neither Indiana, or Ohio, or Pennsylvania, or New York, or Massachusetts apprehend political disorganization from their great railroad enterprises. I take it Maryland is in no danger from her expensive works and large railroad companies; and to this whole country, the magnitude of a Pacific railroad is trifling compared to what the enterprises of Maryland are to that State. This apprehension is a mere creature of the gentleman's imagination. There are, perhaps, a thousand owners of the Baltimore and Ohio railroad, and they are all looking eagerly for their cent per cent. For this road there will be a hundred thousand owners, also looking for

HO. OF REPS.

their cent per cent. They may try to get good mail contracts and high prices for transportation from the Government; so do all other companies. What beyond this the parties interested in this road can have to do with the Government, I do not understand. It will be no organization like the Bank of the United States. The Government has neither stock nor direction in the work, cannot control or affect either its profits or its losses; and while the Government has no control over the work, the parties interested in the work have no more to do with the Government than any bank in Wall street.

I do not expect, however, that this road is to be built by any one company. The people on the Pacific expect to construct and own a portion of it, and a large portion of it. No fears are entertained there about the practicability of the road. No one there is alarmed at its magnitude. The people of the Pacific have learned to look obstacles in the face, and have learned to conquer them. The people of the State of California, within the last three years, with no other capital than labor, have made more than a hundred miles of tunnels through the bowels of their mountains, with railroads their entire length; and they have carried along their mountain ridges more than five hundred miles of canal. And I say here, make this bill a law, let me take it with me to the State of California, and, within thirty days after my arrival at San Francisco, the people of California will have organized, and provided the substantial capital to build a road from the bay of San Francisco, across their mountains, to the boundary of their State. And let me say further-and what I say is no idle boast-pass this bill, and, if the enterprise, capital, and spirit of the East is not equal to the task of meeting the energy and enterprise of California on the way, the people of that State are equal to building, will undertake to build, and will build and own the road themselves.

I do not, however, apprehend the happening of any such contingency. The railroad capitalists of the Mississippi and Atlantic States, with their six hundred million of railroad interests, themselves among the most intelligent and enterprising men of this or any country, although under a present cloud, and suffering from a general panic, will be ready for action quite as soon as, under the provisions of this bill, the work can be entered upon. The people of the Atlantic, and the Mississippi, and the Pacific, will unite in the accomplishment of this great work; and so far from their union and success working mischief to the Republic, the beneficent results of their enterprise and labo labor, will be both felt and recognized throughout this Republic, and throughout the world for ages.

Mr. Chairman, it is time some action was had upon this subject. The popular voice of the whole country has called for action upon it. The necessities of the Pacific coast demand action upon it. The road is wanted for safety; it is wanted for economy; it is wanted for expedition; it is wanted for union; it is wanted so that this Federal Government, in its offices, and in its protecting power, may exist on the shores of the Pacific. I say the road is wanted, and I say further, that want is a necessity; and I say further still, that that necessity demands legislation-demands legislation here. We have devoted time enough to the consideration of this question, and I now repeat what I took occasion to state at the opening of this discussion during the last session; I am not the champion of any particular plan, or of any particular route; I want a road; and if any better legislation can be suggested than is provided by this bill, I am ready to adopt it. I am willing to go further, and the committee with which I am associated are willing to go further: we are willing to adopt another specific measure-the measure brought forward at this session by the committee of the Senate.

It will be remembered that about the same time the special committee was appointed by the House, a special committee was also appointed by the Senate upon the same subject. It was my own wish, and it was the wish of the House committee, to secure concurrent and uniform action on the part of the two committees. This was found impracticable during the last session. Since, however, the commencement of the present session, the

33D CONG....2D SESS.

Naturalization Laws, &c.—Mr. Smith, of Tennessee.

Senate committee have agreed upon a measure with which, I am authorized to say, the House committee can concur.

The Senate bill is the same in principle, and the same in its machinery, with the bill now before the House. The present House bill was the basis of the present Senate bill, and I will now proceed briefly to point out the particular modifications. First. The Senate bill provides for three roads instead of two; one to commence on the western border of Texas, and running to the navigable waters of the Pacific, in the State of California. One to commence on the western border either of Missouri or lowa, and running to the city of San Francisco; and one to commence on the western border of Wisconsin, and running to the navigable waters of the Pacific, in Oregon or Washington Territory.

Second. Instead of making the grant of lands contained in the House bill, but twelve miles in alternate sections are to be granted, so that the amount of lands to be granted under the terms of the Senate bill for the three roads, will not be more than the amount of grant provided in the House bill for two roads.

themselves. But, sir, it is unnecessary for me to
discuss this feature of the House bill; I acquiesce
in the action of the committee of the Senate, and
abandon the provision for military protection. I
want the road, protection or no protection.

I am not disposed to question the proper dis-
position of this committee; but before the brief
time remaining to me expires, I wish here, in my
place, to suggest to gentlemen that this is no mere
question of a day. It is, and will continue to be,
a present question in this Hall, and throughout
this country, until the great work is done. Its
accomplishment may involve years of effort, may
involve years of expectancy; but there will come
years of fruition, years that, while they mark the
march of this Republic to an unexampled great-
ness, will also mark the history and destiny both
of the men and the parties who have now the con-
trol of our national legislation.

HO. OF REPS.

This is a legitimate subject for discussion, and if there exists any defect in the present law, it ought to be amended. Before a foreigner can become a citizen of this country, under the laws of Congress, he must prove in open court

1. A residence of five years in the United States. 2. A residence of one year in the State or Territory where application is made.

3. A good moral character.

4. Attachment to our Government, its Constitution, and laws.

And, in addition to this, the applicant must take an oath of abjuration of allegiance to all foreign Powers whatsoever, and particularly that Prince or Potentate of which he was last a subject, and the oath of allegiance and fidelity to our Government

If these laws are not properly enforced, it is not the fault of the Legislature, and new statutes would not likely engage more attention from the judiciary than the old. If the law, as it now stands, be ex

But

can ever become a citizen of the United States.
It is said, however, that the object of the mover
of this new law is to prevent the immigration of
foreign paupers, convicts, and felons into this
country; and the importation of these classes from
foreign countries is the evil now complained of.
If such characters are imported into this country
it is an evil, and it is our duty to remedy it.
how are we to do it? Will the repeal of the natu-
ralization laws have that effect? Certainly not.
On the contrary, it would accomplish directly the
reverse of what the advocates of repeal claim as
its real object. The classes of foreigners sought
to be excluded care nothing for political rights.
They do not aspire to the dignity of citizenship,
and make no inquiry into the political laws of the
country to which they flee. But it is different
with those who come here, not as fugitives from
justice, but to better their condition in life, and to
enjoy the privileges of our free institutions.

There can be no good or just cause why honorable gentlemen should doubt or hesitate about|ecuted, no foreigner but a person of good character giving their support to this measure. It is a measure altogether constitutional. It is a measure of economy. It is a necessary measure, necessary to the Government, necessary to the people, neThird. The maximum fixed in the House bill cessary in the eye of the country, necessary in for transportation was $600 per mile per annum. the eye of the world. Does any gentleman hesiThe Senate bill provides a maximum of $300 per tate because of the magnitude of the undertaking? mile per annum for mail transportation, and for Let me say the magnitude of the undertaking all other transportation, not more than the Gov-bears no relation to the importance and magniernment now pays for the same service. Now, sir, the Government is at this time paying as high as $375 per mile per annum for first-class mail service. The Government is at this time paying for a semi-monthly mail by the Isthmus of Panama more than it would cost for a daily mail under the provisions of this bill. So far as military and naval transportation is concerned, it is a very palpable fact that, until we have a railroad across the continent to our possessions on the Pacific, the cost of such transportation must every year increase. If the cost of Government transportation this year is two millions, next year it will be two millions and a half. The year after, it will, perhaps, be three millions. So that this provision is an economical one to the Government. And now, sir, let me ask, if the grant of lands is a matter of economy, as well as of policy, as I have shown; if the transportation contract is a matter of economy, how do the very economical members of this committee justify themselves in voting against the bill?

tude of its results. The importance and magni-
tude of its results, its relation to the destiny of
our nation, and its relation to the world's destiny,
are considerations which, in their vast extent,
neither human reason or imagination can fully
grasp. We know that it would bind together
our people and nation from east to west; that it
would make and maintain us as one people and
one nation; that it would secure to us the com-
mand of either ocean; that it would give us com-
mercial ascendency throughout the world; that
it would soon constitute us the first in pros-
perity and power among the nations of the earth;
but in addition to these, to wake up the home of
the ancient races; to wake up Asia from her slum-
ber of ages; to wake up the millions of the hoary
East to the light, and power, and progress of
modern Christian civilization; and, while awak-
ening Asia, to break the bonds of Europe; to
break them not by the power of arms, not at the
cannon's mouth, but through the means and
appliances of peaceful commerce; to accomplish
results like these is worth ambition, is worth not
merely any man's ambition, but is worth the
ambition of a great nation.

Since the world was young, since order was first
brought out of chaos, no enterprise has been pro-
jected, certainly none has been accomplished, that
rises into a dignity at all to be compared to this.
Its accomplishment would be an answer to the
invocation, and would realize the prophecy:

"Deep dig thy fibres round the ribs of earth!
From sea to sea, from South to icy North:
It must ere long be thine, through good or ill,
To stretch thy sinewy boughs. Go, wondrous child!
The glories of thy destiny tulfill."

These are the words not only of a poet, but of
a philosopher, an English philosopher, addressed
and at least endeavor to fulfill our destiny.
to this Republic. I say, sir, let us go forward,

THE NATURALIZATION LAWS AND KNOW

There is a further important change made by the Senate bill. The military features of the House bill have been stricken out. The gentleman from New York [Mr. PERKINS] need not be further alarmed at the danger and expense of a standing army to protect the road. Now, as to the feature of the House bill providing military protection along the line of road, I wish to state that, along the great emigrant routes to the Pacific, we are entitled to, we have the absolute right to, protection-complete, ample protection. It is the absolute right of the people on the Pacific to have a good and a safe route to the Atlantic sea-board, and to the center of Federal power. A force sufficient to protect those routes is all the standing army required by the provisions of the bill presented to the House. The force that would protect the lines of emigration, would protect the railroad lines. Every gentleman upon this floor knows that there is now no sufficient protection given to those lines, and I would like to understand why it is that honorable gentlemen think it necessary to insist that one hundred thousand of their SPEECH OF HON. SAM. A. SMITH, fellow-citizens should pass and repass every year between the Atlantic and Pacific at peril of their lives? I would like to understand why it is that they prefer that whole companies of men, and women, and children, every year should be butchered and scalped by savages, rather than furnish to them the protection guarantied by the Federal Constitution. Sir, is this Government so unnaturally overgrown, that it cannot maintain vitality in all its parts, that it cannot perform the functions of its office, that it cannot extend protection to its citizens within its own Territories? If it be so, I wish to be advised of the fact. I wish the people of the Pacific to be advised of the fact. If it be that the Federal Government cannot, or will not, protect them, I wish them to be advised, so, that they may make proper provisions to protect

NOTHINGISM.

OF TENNESSEE,

IN THE HOUSE OF REPRESENTATIVES,
February 6, 1855.

The House being in the Committee of the Whole
on the state of the Union-

Mr. SMITH, of Tennessee, said:

Mr. CHAIRMAN: It had not been my intention to address the House at length upon any subject during the present session; but the introduction of a bill by one of my colleagues [Mr. TAYLOR] to alter the naturalization laws, has induced me to change that determination, and claim the indulgence of the committee, while I submit my views on this important subject. This I shall do very briefly, as I wish to speak also of the causes which have led to this proposition.

I shall now enter into a discussion of the power of Congress to determine the qualification of voters in the States. I do not believe we have any such power under the Constitution; and were we to pass a law extending the time necessary for naturalization to twenty-one years, it would not affect the number of votes cast by foreigners at any of our elections. The right to vote, and the right to hold property, are only incidents of citizenship, and may be conferred by the Legislatures of the States upon whomsoever they may see proper, whether foreign or native born. Before a legislator seeks to amend a statute in reference to any subject, he ought to understand what the old law is, the evil, if any, that grows out of it, and the proper remedy to correct that evil. My colleague seems to have studied neither, but seeks to base the legislation of Congress upon a popular prejudice, and to carry into the statute-book a condemnation of a religious creed. This is in direct conflict with the spirit of the Constitution of the United States; and such legislation is inconsistent with the character of the American Congress.

I am willing to vote for a law, I care not how stringent its provisions may be, to exclude paupers, convicts, and felons, from our shores. But while I am in favor of such a law, I cannot give my sanction to one which will exclude men of reputation and character from our land.

But, Mr. Chairman, I cannot believe that the object of this movement to repeal or modify is brought forward for the honest purpose of improving the naturalization laws of the country. It has another object in view-another purpose to accomplish. It seeks to engender prejudice, strife, and contention between the native and adopted citizens, in order to aid, encourage, and strengthen the new party which has sprung into existence, very appropriately called

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33D CONG....2D SESS.

1. Its origin and constituent elements. 2. Its mode of action.

3. Its objects and assumed principles. 4. Its fruits and ulumate consequences.

Naturalization Laws, &c.—Mr. Smith, of Tennessee.

This, sir, presents a large field for discussion, and I cannot hope to do justice to the subject in the brief time allowed me for its consideration. I do not treat this organization lightly. Its secrecy gives it efficiency in action, and arms it with power to do good or evil. It has had but a brief existence, and has already startled the timid by us wonderful success. Time-serving politicians, demagogues, and disappointed office seekers, see in it a means of elevation to place in the public councils, and corrupt men find in it a shield to cover their demerit through the secrecy of its operations. Many "good men and true" have also joined the new order under the belief that it is an honest opposition to Catholics and foreigners, and shrewd politicians look to it as a means of ingrafting upon the Government their favorite schemes of political economy. A careful inquiry, however, into its origin, elements, objects, principles, and results, will, in my judgment, dispel its magical power, and disclose to an astonished people its dark designs and dangerous tendencies.

ITS ORIGIN AND CONSTITUENT ELEMENTS.

The origin of this new party is, to some extent, shrouded in mystery. It is said to have been started in the city of New York, by a single individual on account of his prejudice against a Catholic foreigner. It made but little progress during the first and second years of its existence. Its originator, however, persevered in his undertaking, and gathered into the fold of the new organization the malcontents of the existing political parties. Those who had not the merit to engage the favor of the people upon any published political creed were early induced to join it, in the hope of either acquiring place or wreaking their vengeance on those whom the people had honored with their confidence. Many, too, were led into the order out of curiosity and a desire to know the principles and ceremonies of a secret political society. By these means it gradually gained strength, and ultimately was enabled to carry a municipal election in one of the northern cities. This was not so much attributable to its numerical strength as to its secret concentration upon an individual who was not known to be a car didate for office. The attention of the country was then, for the first time, attracted to the new party. It continued to develop itself, carrying most of the municipal elections in the northern cities, without, however, making itself visible until the election was over, and it was forced to make its appearance to claim the spoils of victory, and to force obedience to its commands. We all remember the exciting election that came off in this city in June last, which resulted in the defeat of one of the best executive officers ever known to the city of Washington. This gave such encouragement to the new order, that it soon became the asylum for all the political malcontents in the country; and, with this additional strength, was soon after enabled to carry the city of Philadelphia-electing its mayor and most of the members of council in "the city of Jp to this time, Mr. ChairBrotherly Love.' man, both political parties in the South had stood aloof from the new organization. The Democratic party took bold ground against it, and denounced it as fraught with evil to the country. The Whig party contented itself simply by "holding its peace," and awaiting such developments as would indicate the strength of the new party, that they might determine whether to join it or not.

What, sir, was the condition of the two great political parties of the country at this time?

In the presidential election of 1852 the Democrats had carried twenty-seven of the thirty-one States of the Union, had elected their President, and had a large majority in both branches of Congress. The Whig party, on the other had, was not only defeated by an unprecedented majority, but was denationalized by a division of its members, North and South, on the question of slavery. The northern wing of that party had become thoroughly abolitionized, and it became necessary for the politicians of the South to cut loose from their northern allies to prevent the people there from abandoning them.

This destroyed their last hope of a future na tional triumph under their then organization, and disclosed to them the necessity of some species of transubstantiation to enable them to keep together the destroying elements of their party, North and South, to enable them again to get possession of the offices and emoluments of the Government. The Whig party, therefore, looked to the success of this new organization as a political God send to their hopes and wishes and fallen tortunes. And no sooner had its triumphant success bren heralded by the telegraph and press to the four corners of the Union, than they rushed to it as did the petty Kings of India to the standard of Alexander the Great in his march from the Indus

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This, Mr. Chairman, presents one of the most serious objections to this novel organization, and must ultimately lead to the most serious consequences and flagrant abuses. In this model Republic, where public sentiment controls not only the destiny of men, but the destiny of the nation, there is something revolting in the idea of secrecy in the action, conduct, or principles of any political organization.

The only means by which the people can arrive at a correct knowledge of the principles, policy, and merits of him who seeks public favor and a position in the councils of State, is by public discussion. And he who dares with old from the electors his opinions on the political topics of the day is apt to be signally rebuked by the sovereign people when they come to exercise the high privilege of choosing their public servants. This new order, however, attempts to establish a new precedent in political conduct. Instead of seeking to win the people by an appeal to the correctness and justice of its creed, it seduces them into a midnight council, and, ere the astonished initiant has time to recover from his amazement at what he sees and hears around him, is induced to take a most horrid oath, which binds him to support any candidate for political office who shall be nominated by the order to which he belongs. This, sir, is no exaggeration of the cath taken by the members of this new party; and although we have it not in any authenuc shape from the order itself, yet it comes to us in such reliable form that, I apprehend, it will not be denied. I have before me the True American of the 23d December last, whose editor was one of the first to advocate the new organization, and who attached himself to THE ORDER at an early day. In combating the tyranny of the grand council of the State of New York, he uses the following language:

"Now, mark, we are not bound to vote for a candidate of the grand council's nomination, but for any member of THE ORDER, come from any source his nomination may."

This, sir, is equivalent to abolishing all the high privileges of the elective franchise, which has been properly denominated the "bulwark of Americau liberty." It takes from the elector the privilege of choosing for whom he shall vote. It ties his hands, and his conscience must submit. His vote is the commodity of a secret council, or the edict of a secret society, and he dare not question the propriety of its d.spensation. As immaculate as this new party clains to be, it is not without its difficulties and dissensions; and these have led to disclosures which exhibit its tyranny and unfold its dark designs, to the annoyance of its votaries and the astonishment of a curious world. The astonishing developments made in this new order, after the late election in the great State of New York-that seat of political wonders, which is said to have given birth to the new party-shows that it exercises a censorship which would have damned the secret council of Venice, and practices a despotism worthy only of a secret police of Austrian spies. In that election the Know-Nothing candidate was unsuccessful; and as soon as

HO. OF KEPS.

it was ascertained that some of the order had voted contrary to the directions of their masters, the grand council immediately assembled, and passed the following resolu ion:

"Resolved. That the respective councils under the juris dietion of this grand council, by their proper officers, are hereby instructed and required to withhold he term pass from, and forthwith expel from the council, all brothers who did not, as aforesaid, fully support the nominations in the last preceding resolution referred to, and who refused to answer as her after required, or who shall not offer an excuse satisfactory to the council for such non su port, and, that for that purpose, said officers are fully empowered to demand and require of each member of his or their coun cil that he or they do declare with uplifted hand. in open council, to whom he or they voted at the great November election, and excuse, if any they have to offer, for such non support as aforesaid."

This decree of the grand council met the determined opposuion of soine of the subordinate councils and independent members of the order, and caused the editor of the True American, a member of the new party, to exclaim as follows:

"Are Americans, sons of freemen, to be driven to the polls like a herd of cattle, there to deposit ballots for hypocrits, knaves, or scoundrels, to them known to be suchmen they individually deride and despise-under the pain of imperial displeasure?

"We, who oppose Romanism upon the ground of absolutism, in political matters, and contemn foreignism for its sectional intolerance, are probably among the last to succumb to an imperialism which exceed the broadest des potism of Russia or Austria. And still, in the name of liberty, of Christian freedom, of regeneration from slavery, we are commanded either to lick the feet of our would-bemasters, or to withdraw from companionship with our brethren. Oh, liberty, what crimes are committed in thy name!"""

The dissatisfaction did not stop here, but, as before remarked, entered the subordinate councils. And at a meeting of the order in Brooklyn, the following preamble and resolution were unanimously adopted:

"And whereas the said grand council, at their recen session, adopted a resolution originally suggested by H A. T. Grai bury, requiring the members of this order, under certain pains and penalues, to confess, under oath, how they voted at the recent election, in palpable violation of the rights and privileges secured to, and so highly prized by, every true American: Therefore,

"Res Ived, That we repudiate and condemn the aforementioned action of the grand council as anti-American anti-Republican, and the most unwarrantable, abominable and dangerous assumption of despotic power ever attempted in this Republic; in its confessional, penance, and threats of excommunication, only equaled by the holy inquisition of Spain, and only worthy of imitation by the grand council of cardinals at Rome."

These proceedings, Mr. Chairman, are a key to unlock the motives and designs of this new party, and to disclose the reason for the necessity of secrecy in its operations. It distrusts the people, and has no confidence in their capacity for selfgovernment. It is conscious of the fallacy of its own political creed, and hence requires an oath to support it. If they have confidence in the patriotism of the people, and their capacity for selfgovernment, why not go before them, in open day, and unfurl their banner, with their principles inscribed upon it, and rely upon the justness of their cause for their triumphant success? This want of confidence in the people has existed in the minds of those in favor of strong, consolidated Governments, since the foundation of the world; and oaths have been resorted to to bind men to constancy in that which, upon reflection, they know to be wrong. Such was the case in ancient Athens, when thirty of its most virtuous citizens were banished the city. The authorities, conscious of the infamy of their conduct, and satisfied that, upon sober reflection, the people would repent, and reverse the decree, required them to take an oath never to mention even the return of the banisted patriots. This is the only precedent I am aware of for Know-Nothingism in the United States. This new party it is true, has not the power of corporal punishment, as had the suffetes of the city of Athens. But it is equally inexorable in its decrees, and commands absolute subserviency in all its subjects, at the peril of excommunication. Such principles, such conduct, may have been excusable in the days of Paganism, hut is unbecoming the freest people on earth, in this age of progress, where the public will is the public law of the land.

ITS OBJECTS AND ASSUMED PRINCIPLES.

1 agree with my eloquent friend from South Carolina [Mr. KEITT) that there exist but two essential parties in this country; and whatever

33D CONG....2D SESS.

Naturalization Laws, &c—Mr. Smith, of Tennessee.

names they may from time to time assume, their elementary principles remain the same-the one contending for a stict, the other a free construc tion of the Constitution; the one advocating State rights, the other consondation. And these par ties have existed ever since the foundation of the Government. The Democratic party has always existed under the same name, and its elementary principles have undergone no changes. The opposition party has had almost as many names as Proteus had shapes; and, hav n hausted the catalogue, now assume one unknown), hidden secret, discoverable only by signs and

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wonders." It first existed under the name of the "Federal party;" and, under the lead of a Hamilton and an Adams, exercised an influence and commanded a respect which has not descended to its degenerate offspring, under any of the various titles which it has since assumed. This is not the first time the opposition has changed its name. Whenever defeated under one name, chamelion-like, it assumes another. In one canvass it appears under the name of Federal ist," and in another under the cognomen of "National Republicans." Again it appears as "Native Americans," and then under the seductive name of "Whig." Failing, however, to attain permanent success under any of these various titles, it now assumes an appellation unknown to those outside the order, as if the very mention of its title would subject it to the condemnation of the people.

But, Mr. Chairman, whatever name the new party may assume, it has one leading object in view, and that is the acquisition of power and the possession of the offices, the honors, and the emoluments of the Government. It has its eye steadily fixed upon the Treasury, and, in its political warfare, regards the end as justifying the means. It seeks to overthrow the Democratic party, and, this done, to entail upon the country a system of measures which has been repeatedly and signally condemned by the American people. This new party finds the loose avenues to the Treasury closed against them. The army of supernumerary officers have been "banished the realm;" the legion of secret inspectors of the cus toms have been stricken from the "Blue Book;" and the very fountains of the public service have been cleansed of the impurities and corruptions which pervaded every department of the Govern ment during the late Administration. Such conduct in the management of the Government does not suit those who make politics a profession, and seek public place only for its pecuniary profit. Such an Administration must meet the unscrupulous opposition of the tribe of Galphins and Gardiners, and all those who seek a living by peculation upon the public Treasury. Hence the object of the new party to break down a Democratic Administration, and to destroy the Democratic party.

But it is said by the members of the new order, that both the old political parties have become essentially corrupt, and their object is to build up a new one on the ruins of the old. And here I would ask, of what material is the new party to be constructed? Heretofore the only prominent organization that claimed an existence outside the Whig and Democratic parties, was the Abolition party. And this, I grant, that the new order has almost entirely absorbed. I deny, however, that the masses of either of the parties are corrupt. So far as the charge may be applicable to those who make it, I will admit it is true; but such self stultification, such acknowledgment of one's own corruption, and that of those with whom he has been long associated, will meet with the signal rebuke and summary condemnation which it so justly merits at the hands of the people.

Another reason is given by the gentleman from Maryland, [Mr. SOLLERS,] the eloquent champion of the order on this floor, for the formation of the new party. In his speech a few weeks since, he

says:

"Look at the two old parties. Nearly every question that originally divided thein has been swept away The question of the establishment of a Bank of the United States has been long since settled, never, I believe, to be revived The question of the tariff has been adjusted, or at least its principles so well settled, that no one dreams of ever again making it a party question. The question of how the public lands shall be disposed of, has ceased to be

a party question; for, al hough not yet adjusted. the conflicung vi ws entertained by individual attached to both the old parties, has taken it om he arena of party con flict, and so of every other question that formerly divided the Democratic and Whig parues."

HO. OF REPS.

are said to be following in the same wake; and ere the close of the new volume, now opened to record the history of religious persecution and intolerance in America, may we not well fear that the hurch will be stripped of its holy panoply, and

Yes, sir, the question of a United States Bar ke lothed in the failered razs of religious fanati

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has been settled, ad the opposrion are deprived of this lever to move public sentiment in their favor. The question of the tai ff is also settled, captivating cry of protection to the home indus and they no longer derive any advantage from the try of the country. To these may be added the question of he ludependent Treasury, which, in 1840 and 1844. furnished my friend from Mary land such a iruitful theme for discussion in delineating its character, and deducing its origin from the financial systems of European despousms.

But how, I ask, have these questions been disposed of. Certainly not to suit the views of those who control the destiny of the new party. They have been settled upon the original principles of the Democratic party. In the settlement of these questions we had to meet the most determined opposition of those who now compose this new orde. Many difficulties had to be encountered, and many obstacles overcome by the Democratic party in the settlement of these great questions of national policy; and the acknowledgment by the opposition that they have been settled in such manner as to give satisfaction to the country, is the highest tribute to the wisdom and patriotism of that party under whose auspices these important results have been accomplished. And how, sir, if Democrats desire to overthrow this system of policy inaugurated by themselves, and which has not only given satisfaction to the whole country, but has extorted from its opponents the arknowledgment of its wisdom, its justice, and adaptation to the wants of the republic, let them join this new organization in sufficient numbers its real objects; it will sweep from the statuteto give it a national triumph. It will then declare book those salutary laws under which the country now prospers, and enact in their stead that odious system of measures which disgraced the Whig party in 1841.

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cism. Its moral i fluence destroyed by its own internal dissensions, its anerent glories must be laid low in the dust. The majestic pillars which support the sacred edifice must crumble and fall,

"And one prodigious ruin swallow all.”

Sir, I reverence the American clergy; and what I say of them in reference to their political conduct is intended to apply only to those who, in disregard of their holy calling, seek to usurp the place of the politician, and control, by their clerical influence, the legislation of the country. Such a course on their part can only lead to disputes and contentions between the different denominauons of Christians, and cause a sinful world to distrust the sincerity of every branch of the church of God.

But we are told that one of the purposes of the movers of this new order of things is to counteract the secret and mischievous designs of Romanism! If the Republic were imperiled, as they claim that it is, is theirs the way or theirs the means to ward off the evil? The founders of the Confederacy foresaw the danger that in after times might menace its stability, and, as they hoped, securely shielded it from the treasonable designs of all internal foes. It is now discovered that our forefathers were not the seers our admiration has credited them to be; that the so much talked of "charter of our liberties" is but ink and parchment; and the supposed impregnable barrier it offers against the ambitious designs of all religious

dominions and powers," but a flimsy paper wall. Roman Catholicism, after having lost its power over the poor, ignorant masses of Europe, the savans of these conclaves now discover in the act of raising itself into the first places of this, the first and most enlightened, the purest and freest nation upon the globe.

And how do they propose to avert the monstrous evil they pretend to see lurking about the body politic? A union of Church and State, directly or indirectly, would be a consummation so damning that we cannot with calmness contemplate even its remote possibility. Romanism is openly charged with such a design. And how do their accusers propose to save the country from the danger they pretend to have discovered? Their plan has, at least, the merit of originality. Their proposition is first to proscribe all who profess the Catholic religion; then disfranchise all who happen to be born in a foreign land; and then, by way of a brilliant finale, to take the Government under their own fostering care.

Such being the objects of the new party, I will now turn my attention to its avowed principles. These consist in the repeal or modification of the naturalization laws, and the proscription of the Catholic religion. Of the first of these assumed principles I have already spoken, and must now content myself with submitting my views on the divine pretensions of this modern inquisition. I do not come as the advocate of the Catholic religion, or the apologist of the Catholic faith; believing as I always have in the religious doctrines of my ancestors, I, at an early day, imbibed a prejudice against the tenets of the Catholic Church, and these early impressions have never been removed. I dissent from its doctrines, discard its heresies, and denounce its persecution. In religion, I oppose Gatholics, as in politics I do Whigs; believing the masses of both to be honest in their motives, and sincere in their intentions, but wrongin their doc-isms of the times? Are they not the "three trines.

I am a Protestant because I believe its teachings to be the teachings of the Bible, and its religion the religion of our Saviour. But while I am strong in my own faith, I scorn to proscribe others who differ from me in religious sentiment. I do not seek to dive down into the hearts of men to ferret out their religious dogmas, but would secure to every denomin tion their constitutional "right to worship God according to the dictates of their own conscience." Who does not deplore the melancholy spectacle now presented by the church in this free and happy country on account|| of the political aspirations of large numbers of the clergy. Political discussions have entered their annual and general conferences, and sectional controversies have usurped the time devoted by the fathers of the church to the exposition of the Word of God.

Already have we seen its baneful influence on the most powerful branch of the Protestant Church in America. Divided by its sectional strife, and torn asunder by the ambition of a portion of its clergy, not being able to live together in "peace and harmony," it has sought contentment in a dissolution of its union, and a division of its ecclesiastical government. Other denominations

And who are these saviors of the Republic? Who are these, in clerical robes, who summon Iarael, not to her tents, but into midnight conclaves-into companionship with all the ungodly

thousand preachers" of the North, who, hardly a twelvemonth ago, appeared at the bar of the Congress of the United States, and attempted to intimidate the Representatives of the American people by protesting, in the name of Almighty God, against the passage of the Nebraska bill, and claiming, by virtue of their high calling, to control the legislation of the country? In the darkest days of ignorance and religious superstition the world has ever known, Popery has never claimed greater power; and now, with unblushing effrontery, these men speak with horror of the temporal power claimed by the Pope, and call upon us to aid them in exterminating the Catholic religion from our land! "O, shame, where is thy blush!" We have fallen upon strange times. I have been taught to believe that Protestantism was the religion of the Bible; that it was the only true exponent of the doctrines of Christ; that it was invincible, and was marching on conquering and to conquer, reclaiming the world from superstitious error and priestly deception; that it was designed to carry the truths of the Gospel to every portion of this globe where the ocean rolls a wave or the earth bears a plant. But, sir, I do not believe this is to be accomplished by making war upon other religious creeds, or by the ministers of

33D CONG....2D Sess.

Naturalization Laws, &c.-Mr. Smith, of Tennessee.

the Protestant church forsaking the cause of their Holy Master to mingle in the secular concerns or sectional strifes of the times. "Render unto Cæsar the things that are Cæsar's," was the advice which Jesus gave his followers. Upon this advice the Protestants have acted, and through tribulation and trials, they have marched steadily onward, achieving victories for their cause which "an army with banners" could not have done. I have not had any fears of their ultimate success; but I do not believe that this success can be hastened by an alliance with the political isms of the day. It is not necessary now, in the middle of the nineteenth century, after having fought so many battles in the sun, and achieved so many triumphs, to connect themselves with any secret political association, composed of the fanatics of every hue, the malcontents of every political party, the renegades from every religion, and the scoffers at all, such as have enlisted under the piratical flag of Know-Nothingism. Let the success which has attended the open, manly advocacy of their faith, in all climes, animate and encourage them to continue in a course which commands the approbation of all good men, and must receive the commendation of their Master, who has charged them to keep their garments unspotted from the world. But, sir, should they be seduced, and turned aside from the exalted course which heretofore they have pursued, and enter into the political arena, and, instead of preaching peace on earth and good will to man, they shall raise the standard of persecution and political proscription, the teachings of Luther and Melancthon and the triumphs of the Protestant church will have been in vain; and we will be thrown back upon the times when it was considered an acceptable sacrifice to God to torture and burn at the stake all who were of a different religious creed.

The experience of the world proves that religious persecutions have been a more fruitful source of wars and bloodshed than the ambition of monarchs or the disputes of nations; and that the persecuted sect has ever grown stronger. Religion cannot be propagated by force, nor can it be put down by force. As a Protestant, I protest against this crusade against the Catholic church. I most freely accord to them the right I claim for myself -the right to worship God according to the dic tates of their own conscience. To God, and not to man, they are responsible for their errors. I deny that there is any evidence that they desire a union of Church and State in this country. In all of the riots which have taken place at the North, in resisting the execution of the "fugitive slave law," or for other causes, they have set an example of obedience to the laws which has put to shame their traducers. But I must leave this branch of the subject, and turn my attention now

TO THE FRUITS AND CONSEQUENCES OF THIS NEW

ORDER.

Not long after the election in this city, two members of this House were invited to address the citizens of this District upon the all-absorbing topic of Know-Nothingism. They attended a meeting at Carusi's Saloon, but were not permitted to address the audience. They were hissed and hooted down by the members of this order, who assembled in sufficient force to overawc the peaceful, law-abiding citizens there assembled. In vain were the new police, appointed by the KnowNothing mayor, invoked to "call spirits from the vasty deep;" the police were not to be found. This was the first public demonstration of the intolerant spirit of this order. But, sir, disgraceful as this exhibition was, it was not attended with that violence and bloodshed which has characterized their proceedings in other parts of our country. There was no burning of churches erected to the living God, no sacking of convents, the abode of those angels of mercy, the Sisters of Charity; no blood was shed-no murder done. But the spirit manifested was the same as that exhibited in other sections of the country where these things were done.

It is not, however, my intention to go into a history of the riots and bloodshed which this order has provoked in the northern States, but to speak of the political results which it has accomplished.

We are told by the gentleman from Maryland

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[Mr. SOLLERS] that this party" knows no North, no South, no East, no West," and that "it is national enough to cover all parts of this widespread Confederacy.' What evidence has it given of such exalted and extended patriotism? Judged by the fruits it has produced, there is nothing in it to commend it to the American people, and more especially the people of the South. But, on the contrary, the results of the late elec

tions in the northern States are well calculated to cause the people of the South to pause and reflect before entering into bonds with this new sect. Look to the record. They have revolutionized Maine, and sent to the Senate of the United States an open, avowed, uncompromising Abolitionist in the place of Bradbury, a national Democrat; and to this House (with but one exception) they have returned Abolitionists, or, what amounts to about the same in the North, Whigs. And the old Bay State-which stood shoulder to shoulder with the foremost in the days that tried men's souls; whose sons gave their time, means, and talents to the good work; and who, notwithstanding her modern heresies, has ever had men in the Congress of the United States who have commanded the respect and admiration of the whole country-how fares it with her? In her recent election all men of enlarged and statesmanlike views were displaced to make room for Burlingame, Comins, Davis, and Knapp, Abolitionists of the darkest hue. And in the other branch of Congress, the seat once filled and adorned by Webster, Choate, and Everett, is now to be disgraced by Henry Wilson! who, it is said, was a supporter of Henry Clay in 1844-a supporter of Van Buren and Adams in 1848-a coalitionist in 1850-a republican till 1854, and afterwards a Know-Nothing. His only inquiry has been for the shortest cut to office. A graphic picture, Mr. Chairman, but a true one, and a faithful likeness of more than one prominent member of this new pharasaical sect. I do not wish to do injustice to Mr. Wilson; and, as his election is one of the most important political acts of the new party, I beg leave to read a short speech of his, made in Boston on Thursday last, at an anti-slavery meeting, and also an extract from the speech of Mr. Burlingame, a Know-Nothing member to the next Congress, which it will be seen is fully indorsed by the Massachusetts Senator. Mr. Burlingame said:

"If asked to state specifically what he would do, he would answer: 1st, repeal the Nebraska bill; 2d, repeal the fugitive slave law; 3d, abolish slavery in the District of Columbia; 4th, abolish the inter-State slave trade; next he would declare that slavery should not spread to one inch of the territory of the Union; he would then put the Government actually and perpetuilly on the side of freedom-by which he meant that a bright-eyed boy in Massachusetts should have as good a chance for promotion in the Navy as a boy of one of the first families in Virginia. He would have our foreign consuls take side with the noble Kossuth, and against the papal butcher Bedini. He would have judges who believe in a higher law, and in an antislavery Constitution, an anti-slivery Bible, and an antislavery God! Having thus denationalized slavery, he would not menace it in the States where it exists; but would say to the States, it is your local institution; hug it to your bosoms until it destroys you. But he would say, you must let our reedom alone. [Applause.] If you but touch the hem of the garment of freedom, we will trample you to the earth. [Loud applause.] This is the only position of repose, and it must come to this. He was encouraged by the recent elections in the North; and he defended the new movement,' which he said was born of Puritan blood, and was against despotism of all kinds. This new party should be judged, like others, by its fruits. It had elected a champion of freedom to the United States Senate for four years, to fill the place of a man who was false to freedom, and not true to slavery. For himself, he could say, that so long as life dwelt in his bosom, so long would he fight for liberty, and against slavery. In conclusion, he expressed the hope that soon the time might come when the sun should not rise on a master, nor set on a slave."

After Mr. Burlingame had taken his seat there were loud and continued calls for "Wilson," in answer to which Hon. Henry Wilson spoke as follows:

"Mr. Chairman and Ladies and Gentlemen: This is not the time nor the place for me to utter a word. You have listened to the eloquence of my young friend, and here to-night I indorse every sentiment he has uttered. In public or in private life, in majorities or in minorities, at home or abroad, I intend to live and to die with unrelenting hostility to slavery on my lips. I make no compromises anywhere, at home or abroad; I shall yield nothing of my anti-slavery sentiments to advance my own personal interests, to advance party interest, or to meet the demands of any State or section of our country. I hope to be able to maintain on all occasions these principles, to comprehend in my affections the whole country and the people of the whole country-and when I say the whole country, I want

HO. OF REPS.

everybody to understand that I include in that term Massachusetts and the North. This is not the time for me to detain you. You have called on me, most unexpectedly, to say a word, and, having done so, I will reure, thanking you for the honor of this occasion."

I have read these speeches, that the country may see the character of this new party in the northern States. I would like to comment on the treasonable doctrines here asserted, but time will not permit.

I have still an abiding faith in the good old Commonwealth. She cannot long resist the silent appeals of that towering monument which overlooks her chief city, erected to commemorate the first great battle of our revolutionary sires in favor of equal rights, equal laws, and the freedom of conscience.

From the great Empire State they have returned Whigs or Abolitionists, in the stead of Unionloving and Constitution-abiding Democrats. From New Jersey, that gallant little State, within whose borders the most important battles of our Revolution were fought, one Democrat and four Fusionists have been returned to the next Congress. And in Pennsylvania, whose Democracy heretofore has known no North, no South, but has been true to the whole country, in peace and in war, this new order has not only stricken down Democrats whose nationality was proverbial, but they have invaded the ranks of their allies, the Whigs, and immolated upon the altar of intolerance all of that party who were known to entertain political views broad enough to extend south of Mason and Dixon's line, or who were supposed to entertain the religious dogmas which had been tabooed by this

new order.

From Ohio, the National Democracy have not elected a single member to the next Congress, There, Abolitionism, Free-Soilism, Whigism, or its other synonym, Know-Nothingism, reigns supreme!

From Michigan, the home of the great leader of the Democratic party, and the able advocate of the doctrine of "non-intervention," the Whigs, Abolitionists, and Know-Nothings, have elected three out of the four members to the next Congress; and the present Know-Nothing Legislature has passed the following resolutions:

Resolved, That our Senators in Congress be, and they are hereby, instructed, and our Representatives requested to vote for, and use their best exertions to procure the passage of an act of Congress, that shall prohibit the introduction or exercise of slavery in any of the Territories of the United States, and especially in Kansas and Nebraska, and to introduce, without delay, a bill for the latter purpose.

"Resolved, That our Senators in Congress be, and they are hereby, instructed, and our Representatives requested, to use their best exertions to procure the immediate repeal of the act of 1850, known as the fugitive slave law."

From these resolutions it appears that the KnowNothings of Michigan are not only willing to make Lewis Cass stultify himself, and end his long and useful public career by an act of folly and shame, but are willing to hazard the existence of the Union itself, by a fanatical crusade against the constitutional rights of the South.

From the State of Indiana, in the present Congress, we have seven Democrats, whose course upon great exciting questions has given assurances that their principles and patriotism are coextensive with the whole country. Five of these seven have been defeated for reelection, and Fusionists, the modern name for Abolitionists, have been, by the aid of the Know-Nothings, returned in their stead. The gallant young Senator from Iowa has been superseded by an Abolitionist, [HARLAN,] who was supported, if not brought forward, by this new party. In Illinois every National Democrat who was a candidate for office, had to the Know-Nothings. encounter the ceaseless, unsleeping opposition of

In all of the elections which have taken place in the North, the Know-Nothings have wielded their power and influence in favor of the Fusionists or Abolitionists. I have not seen a resolution passed at any of their conventions, or by any of the Legislatures of which they have control, that national men can sanction. Nor have I been able to find that they have elected a single man to whom the people of the South can give their confidence. The antecedents of the men they have elected, so far as I am informed, go to show that all of them are the uncompromising enemies of the South. In the next Congress we shall see

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