CHAPTER XI.

SESSION OF CONGRESS OF 1839-THE GAG RULE-SLAVERY AGITATION IN THE HOUSE OF REPRESENTATIVES, AND RETIRING OF SOUTHERN MEMBERS FROM THE HALL.

(From "Benton's Thirty Years' View.")

THE most angry and portentous debate which had yet taken place in Congress, occurred at this time, in the House of Representatives. It was brought on by Mr. William Slade, of Vermont, who, besides presenting petitions of the usual abolition character, and moving to refer them to a committee, moved their reference to a select committee, with instructions to report a bill in conformity to their This motion, inflammatory and irritating in itself, and without practical legislative object, as the great majority of the House was known to be opposed to it, was rendered still more exasperating by the manner of supporting it. The mover entered into a general disquisition on the subject of slavery, all denunciatory, and was proceeding to speak upon it in the State of Virginia, and other States, in the same spirit, when Mr. Legare, of South Carolina, interposed, and hoped the gentleman from Vermont would allow him to make a few remarks before he proceeded further. He sincerely hoped that the gentleman would consider well what he was about, before he ventured on such ground, and that he would take time to consider what might be its probable consequences. He solemnly entreated him to reflect on the possible results of such a course, which involved the interests of a nation and a continent. Но would warn him, not in the language of defiance, which all

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brave and wise men despised, but he would warn him in the language of a solemn sense of duty, that if there was a spirit aroused in the north in relation to this subject, that spirit would encounter another spirit in the south, full as stubborn. He would tell them, that, when this question was forced upon the people of the south, they would be ready to take up the gauntlet. He concluded by urging on the gentleman from Vermont to ponder well on his course before he ventured to proceed.

Mr. Slade continued his remarks, when Mr. Dawson, of Georgia, asked him for the floor, that he might move an adjournment-evidently to carry off the storm which he saw rising. Mr. Slade refused to yield it; so the motion to adjourn could not be made. Mr. Slade continued, and was proceeding to answer his own inquiry, put to himself— What was slavery? when Mr. Dawson again asked for the floor to make his motion of adjournment. Mr. Slade refused it. A visible commotion began to pervade the House-members rising, clustering together, and talking with animation.

Mr. Slade continued, and was about reading a judicial opinion in one of the southern States, which defined a slave to be a chattel, when Mr. Wise called him to order for speaking beside the question-the question being upon the abolition of slavery in the District of Columbia, and Mr. Slade's remarks going to its legal character, as property, in a State. The Speaker, Mr. John White, of Kentucky, sustained the call, saying it was not in order to discuss the subject of slavery in any of the States. Mr. Slade denied that he was doing so, and said e was merely quoting a Southern judicial decision, as he might quote a legal opinion delivered in Great Britain.

Mr. Robertson, of Virginia, moved that the House adJourn. The Speaker pronounced the motion (and correctly) out of order, as the member from Vermont was in

possession of the floor and addressing the House. He would, however, suggest to the member from Vermont, who could not but observe the state of the House, to confine himself strictly to the subject of his motion.

Mr. Slade went on, at great length, when Mr. Petrikin, of Pennsylvania, called him to order; but the Chair did not sustain the call. Mr. Slade went on, quoting from the Declaration of Independence, and the Constitutions of the several States, and had got to that of Virginia, when Mr. Wise called him to order for reading papers without the leave of the House. The Speaker decided, that no paper, objected to, could be read without the leave of the House.

Mr. Wise then said: That the gentleman had wantonly discussed the abstract question of slavery, going back to the very first day of the creation, instead of slavery as it existed in the District, and the powers and duties of Congress in relation to it. He was now examining the State Constitutions, to show, that as it existed in the States, it was against them, and against the laws of God and man. This was out of order.

Mr. Slade explained, and argued in vindication of his course, and was about to read a memorial of Dr. Franklin, and an opinion of Mr. Madison on the subject of slavery, when the reading was objected to by Mr. Griffin, of South Carolina; and the Speaker decided they could not be read without the permission of the House.

Mr. Slade, without asking the permission of the House, which he knew would not be granted, assumed to understand the prohibition as extending only to himself personally, said "Then I send them to the clerk: let him read them." The Speaker decided that this was equally against the rule.

Then Mr. Griffin withdrew the objection, and Mr. Slade proceeded to read the papers, and to comment upon them as he went on, and was about to go back to the State of

Virginia, and show what had been the feeling there on the subject of slavery, previous to the date of Dr. Franklin's memorial.

Mr. Rhett, of South Carolina, inquired of the Chair what the opinions of Virginia fifty years ago had to do with the case?

The Speaker was about to reply, when Mr. Wise rose with warmth, and said—" He has discussed the whole abstract question of slavery of slavery in Virginia; of slavery in my own district; and I now ask all my colleagues to retire with me from this hall."

Mr. Slade reminded the Speaker that he had not yielded the floor; but his progress was impeded by the condition of the House, and the many exclamations of members, among whom Mr. Halsey, of Georgia, was heard calling on the Georgia delegation to withdraw with him; and Mr. Rhett was heard proclaiming, that the South Carolina members had already consulted together, and agreed to have a meeting at three o'clock, in the committee room of the District of Columbia. Here the Speaker interposed to calm the House, standing up in his place and saying:

The gentleman from Vermont had been reminded by the Chair that the discussion of slavery, as existing within the States, was not in order; when he was desirous to read a paper and it was objected to, the Chair had stopped him; but the objection had been withdrawn, and Mr. Slade had been suffered to proceed; he was now about to read another paper, and objection was made; the Chair would therefore take the question on permitting it to be read."

Many members rose, all addressing the Chair at the same time, and many members leaving the hall, and a general scene of noise and confusion prevailing.

Mr. Rhett succeeded in raising his voice above the roar of the tempest which raged in the House, and invited the delegations from all the slave States to retire from the hall

forthwith, and meet in the committee room of the District of Columbia. The Speaker again essayed to calm the House, and again standing up in his place, he recapitulated his attempts to preserve order, and vindicated the correctness of his own conduct-seemingly impugned by many. "What his personal feelings were on the subject (he was from a slave State) might easily be conjectured. He had endeavored to enforce the rules. Had it been in his power to restrain the discussion, he should promptly have exercised the power; but it was not.

Mr Slade continuing, said the paper which he wished to read was of the Continental Congress of 1774. The Speaker was about to put the question on leave, when Mr. Cost Johnson, of Maryland, inquired whether it would be in order to force the House to vote that the member from Vermont be not permitted to proceed? The Speaker replied it would not. Then Mr. James J. McKay, of North Carolina, a clear, cool-headed, sagacious man-interposed the objection which headed Mr. Slade.

There was a rule of the House, that when a member was called to order, he should take his seat; and if decided to be out of order, he should not be allowed to speak again, except on leave of the House. Mr. McKay judged this to be a proper occasion for the enforcement of that rule; and stood up and said:

"That the gentleman had been pronounced out of order in discussing slavery in the States; and the rule declared that when a member was so pronounced by the chair, he should take his seat, and if any one objected to his proceeding again, he should not do so, unless by leave of the House. Mr. McKay did now object to the gentleman from Vermont proceeding any further."

Redoubled noise and confusion ensued-a crowd of members rising and speaking at once-who eventually yielded to the resounding blows of the speaker's hammer upon the