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PRELECTION.

During the winter of 1849, the Legislature of Kentucky so far modified the law of 1833 interdicting the importation of Slaves as to allow citizens of the State to import them for their own use. Against that modification, operating as a virtual repeal of the law of 1833, Mr. Robertson, then a member from Fayette, made the following speech.

On his return home, solicited by persons of all parties and persuasions in his county, to become a candidate for the Convention called to remodel the State Constitution, he finally allowed himself to be announced as a candidate, with every prospect of being elected by genral consent. But shortly afterwards, the agitation of the question of emancipation, became so all-absorbing as to induce most of the electors in Fayette to organize themselves into two BELLIGERENT parties-"EMANCIPATION" and ULTRA "PRO-SLAVERY"-EACH NOMINATING and PLEDGING ITS MEMBERS TO SUPPORT

A COALITION TICKET, COMPOSED OF ONE WHIG AND ONE DEMOCRAT-the county being entitled to two members in the Convention. Mr. R. could have been on either of the Tickets. But, unwilling either to countenance a premature and suicidal movement for emancipation, or to surrender his non-importation principles and co-operate with EXTREME AND UNREASONABLE PRO-SLAVERYISM, he refused to sanction either coalition, and denounced both of them as unnecessary, unwise, and tending to licentious and destructive results.

A majority of the people of the county, thus committed, became excited by the canvass to an extraordinary and almost stultifying degree. Mr. R. was, CONSEQUENTLY, not elected, but was beaten by a DEMOCRAT IN THE CITADEL OF WHIGGERY--even though there can be scarcely a doubt that a large majority of the voters concurred with him in his Constitutional aims and principles. In addition to the following speech, other addresses made by him are also herein republished, to show the general character of those aims and principles, and his prediction of the consequences which would result to conservatism from SUCH AGITATIONS AND COALITIONS. And did not these consequences follow?

During that stormy canvass so morbid were the feelings of some proslavery men, as to lead a few into the delusion that Mr. R. was inclined to abolitionism. And even ever since that election, the vague suspicion thus uttered, fortified by the unexplained fact of his defeat by the Ticket that triumphed, has induced some few blockheads to INSINUATE that Mr. R. is tainted with SOME SORT of anti-slavery DISEASE. Let all he ever said, or wrote, or did, on the subject of slavery, test his principles--whether right

or wrong.

MR. ROBERTSON'S SPEECH.

Speech of Mr. George Robertson, of Fayette, in the House of Representatives of the Kentucky Ledislature, on the bill to modify the law of 1833, prohibiting the importation of Slaves.

Mr. R. observed, that his present condition of deranged health and oppressed lungs would not allow him to hope that he should be able, by anything he could now say, to compensate the committee for its courtesy in adjourning over to hear him on this interesting occasion; but his position on the Judiciary committee, which reported against the bill under consideration, and his, perhaps peculiar, and certainly very anxious feeling respecting its destiny, would not leave him the choice of entire silence whilst its fate remains uncertain.

assembled in campus martius, or elsewhere unsafe legislators. Such assemblages would be so liable to the contagion of tumultuary passions, and so inconsiderate, irresponsible and head-long in legislation, as to allow no rational hope of consistency, moderation or conservatism in their legislative acts. To insure the prevalence of reason over passion, in the enactment of laws, our constitutions have all wisely organized representative departments for legislation. By our own State Constitution, the people entitled to suffrage have the right to select the most enlightened, firm and patriotic representatives to make laws for the Commonwealth. Those representatives, not too multitudinous for a proper sense of individual responsibility and grave and dispassionate deliberation, assemble in the Capitol for consulting together, obtaining correct information, reasoning with one another, and finally agreeing, after such intercommunication, counsel, and mutual enlightenment, on such measures as will, in their honest judgments, promote the general welfare. There is no danger that the popular sentiment, and even passion, right or wrong, will not have sufficient influence; the only danger is, that it will have too much. If the local feeling, however ephemeral or unreasonable, should control the enlightened and dispassionate convictions of the representative, then the very same elements that incapacitate the mass of constituency for wholesome legislation, do virtually legislate in defiance of the judgments of the representative body, and notwithstanding all the precautions of our Constitution for preventing any other enactment than such as may be the offspring of reason and deliberation.

We are, this day, said he, legislating, not for ourselves only, but for our children-not for this generation merely, but for posteritynot for Kentucky alone, but possibly for our glorious Union. Hence, he must be allowed to say, that he was surprised and concerned to hear, as he had heard, from more than two members already, that, whatever might be their own opinions-even though, as might be inferred, they believed the passage of the bill would operate disastrously to ourselves, and to those who shall come after us for generations to come-yet they feel bound to vote for it, because they think that a majority of their more immediate constituents are in favor of some such legislation. Sir, said he, I could neither thus feel nor thus act. The opinions of the voters of Fayette, I neither know nor have sought to learn-I know my own convictions of duty to my oath, to my country, and to my children-and that is enough for me. He felt, he said, responsible, not alone When any portion of the people send a proxy to the freemen of his county on this subject, to consult and to reason, and to be reasoned but responsible to his own conscience, to all with, concerning the common good, if that Kentucky now and hereafter, and to the God proxy be convinced, by facts and arguments of the Universe. The opinions of a majority elicited in legislative council, that his country's of those who elected him could not absolve interest requires him to vote for or against any him from that more sacred and comprehensive proposed measure, those who deputed him responsibility. He hoped, and was disposed ought to acquiesce, because they sent him under to believe, that those opinions harmonized the Constitution for that very purpose. In orwith his own. But, however that might be, ganzing the principle of representation, the chief he could not, on such an occasion as this, re-object of the Constitution was to secrete, cord, for the inspection of his countrymen and through the constituted organs, the popular his posterity, as his opinion, that which was sentiments, and thus rectify, and, as far as the direct opposite of his clear conviction of possible, crystalize the indigested and too often truth and of duty. The philosophy of the turbid elements of uncounselled popular degreat American principle of representative cision. Why communicate to a member in this democracy seems to be often misunderstood hall new facts-why address to his judgment and perverted. The mass of the people, how- or his patriotism arguments to convince ever virtuous and enlightened, would be, when him? Only becaase we all expect that, if he be

convinced by these facts and arguments, he will vote according to that conviction. But, if he must not do this, all those facts and arguments are thrown away, and should have been addressed, not to him, a petrified statue, but to those who sent him. We should do here as we think they would or ought to do, if they were here and heard all we have heard.

being imbedded in the Constitution with a sanction which would secure it from evasion. Negro slavery was introduced into South America for the benevolent purpose of rescuing, from oppressive servitude and final extermination, the more effeminate Indian aborigines. Foreign cupidity and regal power first imported it into the Anglo-American Colonies, and fastened it on Virginia against Mr. Chairman, said Mr. R., on this floor, her will. In her declaration of Independence, Kentucky is my constituency-and my instruc- in 1776, she charged the King of England tors here, on such a subject as that now before with eruel injustice in nullifying, by Royal us, are the opinions and interests of my whole vetoes, her colonial enactments interdicting State, the suggestions of my own conscience, the importation of negroes; and, in 1778, she and the convictions of my own judgment. Under enacted a statute prohibiting further importathese guides, I have always acted in my legis- tion "by sea or by land," except by immigrants lative career; and though, while thus acting from other confederate States, and made the under all these sanctions, I have often given interdict effectual, not by denouncing high votes which I apprehended would, for a sea- pecuniary penalties merely, but by also proson, be unpopular, my course has, in every in-viding that any slave, illegally imported, stance, been finally approved, and, so far as I should be ipso facto free. Under the auspices know, has never been rebuked. And, sir, when we are right, and have firmness properly to maintain it, we need not fear that our constituents will long condemn us. We underrate them when we suppose that they will not, sooner or later, be right also. And if, on the eventful subject now before us, we act as our own matured judgments of our duty to our whole country shall dictate, we will secure, not only the public approbation, but that which is even more grateful to the patriotic statesman, the approval of our own consciences, now and ferever.

of that conservative law, Kentucky was born and grew to manhood; and, until after the adoption of her first Constitution, not even s citizen could lawfully bring within her borders a slave bought beyond them. By a legislative act of 1794, the Virginia act of 1778 was relaxed so as to legalize importations of slaves from other States, by citizens of Kentucky for their own use; and, with some slight modifications, the act of 1794 was re-enacted in 1815, and continued in operation until it was supplanted by the more comprehensive enactment of 1833, which revived the prohibitions of the act of 1778, but unfortunately left them without any other than a pecuniary sanction, which is not easily enforced, and therefore has had but little influence on the mercenary and unscrupulous.

Hoping that every member would, under a proper sense of all his responsibilities, express by his vote the conclusion of his own reason, he would, said Mr. R., proceed in as summary a form as he could, to address, to the understandings of the members present, Thus it may be clearly perceived, that the some reasons to show why this bill ought not characteristic difference between the act of to pass; and, in attempting this task, he in- 1815, and that of 1833, is just this, and only voked the careful attention and candid con-this-that the former permitted citizens of sideration of all present.

Kentucky to buy and import slaves for their The programme of his argument, said Mr. own use, and the latter forbids all such purR., would be to offer, in a condensed form, chase and importation; and it will be seen, some reasons to show: 1st, That this bill, if also, that these acts are as different in purpose enacted, would operate as a virtual, practical, and effect, as they are in the extent of their total repeal of the non-importation law of 1833. application; for whilst the act of 1815 contem2nd, That the act of 1833 was wise in its pur-plated an increase of slaves by accession from pose, and has been beneficent in its results. abroad-and the effect of it was a great aug3rd, That the present crisis is unpropitious for mentation from that source-the act of 1833 a repeal of the act of 1833, or any essential intended to prevent any such accession, and, modification of it; and moreover, any such as far as it has operated, has had that salutary movement now is pregnant with unprofitable effect. Then, as these enactments are thus commotion, and with other consequences which radically contradistinguished, all who approve must greatly impair, perhaps utterly destroy, the act of 1533, must approve it for those the conservative influence now possessed by features which distinguish it from the act of Kentucky in the Union-and the preservation 1815, and which constitute and identify it as of which influence, unimpaired, may by ne- "the act of 1833." For this reason the act of cessary to save the peace and integrity of that 1838 repealed that of 1815; and, for the same Union; and 4th, That instead of relaxing the reason, the restoration of the act of 1815 will policy of the act of 1833, the interest of the repeal that of 1833. For all characteristic Commonwealth and its prospective glory, re- purposes of identity, the bill under considerquire that non-importation of slaves should ation, and the act of 1815, are the same. be made fundamental and inviolable, by The bill, if it shall become a law, will, there

fore, restore the act of 1815; and of course under consideration. Each of those statutes will operate as a total repeal of the act of interdicted the importation of slaves as mer1833, by repudiating its peculiar policy, and chandise, but permitted it for the use of citirestoring that of 1794 and 1815. zens of this State. But under each of them, But had the act of 1833 been the only law slaves continued to be imported for all purpoever enacted for prohibiting the importation of ses, without any practical restraint—and, bealaves, the bill would operate as a virtual and fore 1833, this Commonwealth had become a practical repeal of it. An unrestricted right slave market, and seemed to be in danger, not in all persons to bring to, and sell in Kentucky,of contamination merely, but of inundation foreign slaves, would not increase the number by superfluous and vicious slaves. Wages of slaves here beyond the domestic demand-were reduced-mechanics were discouraged the supply would rarely, if ever, exceed the and many expatriated-agriculture was declindemand. Slaves would not be imported for ing in quality and productiveness--commerce sale in Kentucky, unless persons here would was becoming less and less profitable, in consebuy them for use. And it is not material quence of the reduced net value of domestic whether the citizen buy here from a trader, products, and disadvantageous exchanges of or whether he go, or employs another to go to exports for the refuse slaves of the South insome other State and buy and import for his stead of money-and the gloomy prospect own use; as long as he wants an additional ahead was that of progressive deterioration slave, has the means conveniently to buy, and and the hopeless prolongation and aggravation can purchase out of Kentucky, for a less price of Kentucky slavery, without a rational hope than in it, he will import directly or indirectly. of rescue or amelioration otherwise than by a It is equally evident that, when citizens radical change in the non-importation law of 1815. This change was effected by the act of either want no more slaves, or have not the

tion for commerce eo nomine will be evaded and

means to purchase more, or can buy cheaper 1833, which extended the prohibition to imhere than elsewhere, slaves will not be import-portations by our own citizens for their own ed for sale in Kentucky. Besides a practical of that act. It was this, and this alone, that use. This was the only characteristic feature acquaintance with the ways of mercenary. men, and with the history of importations of identified and distinguished it as "THE ACT slaves, will leave but little, if any, doubt that, that enactment were, of course, opposed to OF 1833." All who advocated or approved by various devices, the prohibition of importa that of 1815, which it repealed. And now, that Slaves, some how or other, will be imported therefore, no person can be friendly to the act of 1833, who desires to supplant it by that of as long as profit can be made by the importation; and no mere penal sanction, as history 1815, or (which is, in effect, the same thing,) to abrogate its conservative interdict against proves, will check the tide. the importation of slaves "for use”—and it is This, said he, is not only probable a priori, consequently indisputable, that a substitution but is demonstrated by the practical nullity of of the policy of 1815, for that of 1833, is a rethe acts of 1794 and 1815. These enactments peal of "the act of 1833." did not curtail importations of slaves. This is Moreover, said Mr. R., the statistics of proved by the ratio of increase during the ex-slavery, in Kentucky from 1820 to 1840, would istence of these statutes. And this unerring alone be sufficient for maintaining the foregoing experience of the past prompted the enactment conclusion. They show that, from 1820 to of 1833. Then, as the act of 1815 did not 1830, the slave population of the State had curtail importations for merchandise, can increased about 40,000-and that, from 1830 we go back to that act, and, with a grave to 1840, the increase was only about 1,400countenance, say we have not repealed the and as this last period includes two years beact of 1833, virtually, practically, totally? No, fore the enactment of 1833, during which time must be the answer of every candid and ra- the increase may be fairly assumed, according tional man. Then let no member repeat that to the ratio before 1833, to have been at least he is for this bill for the purpose of upholding 8,000, consequently the number of slaves in the law of 1833-let none such say that he is Kentucky must have been reduced more than a friend of that act: By the bill he supports 6,000 from 1833 to 1840. These historic he knocks it in the head. One thing, at least, facts prove that the tendency of the policy of cannot be disguised, and that is, that every 1815, now sought to be revived, is to great pro-slavery member, and every one who de-progressive augmentation, and that of the act sires an increase of slaves in Kentucky is an of 1833 (when upheld) to a gradual diminuadvocate of this bill; and that every member tion. Hence, again, this bill, if passed, will who does not desire the perpetuation of slavery, operate as a virtual repeal of the act of 1833or who is opposed to the augmentation of the because it will destroy its effect and invert its number of slaves and a deterioration of their policy. A direct repeal would be more magquality is in favor of the act of 1833, and nanimous. Then, let not any one, who proagainst the bill.

The act of 1815, as well as that of 1794, was substantially the same as the bill now

fesses to be in favor of the act of 1833, skulk behind such an ambuscade as an ostensible modification, which is a renunciation of the

whole purpose of substituting that act for that mercial power of Congress so far also as it of 1815.

prohibits importation for sale? And the conA consideration of the act of 1833 involves sequence would be, that the bill now urged two questions-its constitutionality and its does not go half far enough, and that the acts policy. He was surprised that the constitu- of 1794 and 1815 were nullities. tional authority to enact and enforce it had Nor is the act of 1833 a violation of the been denied in this debate. The Supreme Constitution of the State. The Legisla Court of the State had given a quietus to further ture of Kentucky, as already stated, has agitation of that objection, and both public all legislative power that is not prohibited by sentiment and the concurrent opinions of the the Constitution of Kentucky or by that of the enlightened jurists had ratified and confirmed United States. To inhibit the importation of the unanimous opinions of the Judiciary. He slaves is a legislative act; and the authority would not, therefore, he said, elaborate an ar- therefore to pass such an act needs not to be gument on the question of power; but it might delegated by the Constitution-it exists unless not be improper to make some passing sugges- it is prohibited by that supreme organic law. tions upon it. The Legislature has all legis-There is no such prohibition nor any rational lative power which is not prohibited either by pretence for presuming its existence. Then the National or the State Constitution. The the power exists.

only provision of the Constitution of the The vindication of the policy of the act of United States which could affect the authori-1833 did not seem to Mr. R. to be more diffi ty of the State to inderdict the importation of cult than that of its constitutionality. The slaves within her limits is that which delegates objects of the enactment were twofold-1st, to Congress the power to regulate commerce Some improvement in the quality and some among the States. But slavery is, by that amelioration in the condition of our slavesvery Constitution, made a basis of representa- 2nd, The salvation of ourselves and our pos tion and taxation; and is, therefore a funda- terity from the curse of inevitable and perpetmental element of State power. Can such a ual slavery, by drawing a sanatory cordon State right be the subject of control by Con- around the Commonwealth while in a salvable gress? Is it an affair of commerce? Does it state, and thereby preventing such an augmen come within the scope of commercial regula- tation, as well as deterioration, of slaves as tion by the General Government? An affirm- might not only aggravate but iujuriously proative answer would concede to Congress pow-long the slavery of the black race against the er to change the relative political strength of interest and even the wishes of the white. In the States a power which cannot exist con- other words-the second and chief object of sistently with the constitutional co-equality the act of 1833, was to secure the power to and proper independence of the States of the abolish slavery if public sentiment should Union. Moreover, slavery, in the States in ever be prepared for proclaiming liberty to the which it is legalized by the local law and captive. therefore recognized and protected by the On the subject of African slavery in the Federal Constitution, is a domestic institution North American States, Mr. R. had, he said, -and, which is as much under the exclusive always endeavored to look with the eye of concontrol of State sovereignty as marriage or the siderate philanthropy and practical statesmanlegal rights and obligations of paternity. The ship. He would rejoice to see all men, of relations of master and slave are as purely local every color and clime, equal in privileges and here as those of master and servant, husband endowments, and well qualified for the peaceand wife, parent and child, or guardian and ful enjoyment of civil, social, and religious ward. If Congress, under the power to regu- liberty and light. But a wise and inscrutable late commerce among the States, could prevent Providence had otherwise ordainded; and no Kentucky from stopping the importation or art or policy of man can change the purpose of immigration of slaves, it might, by the exer- God. Whenever the black and white races of cise of that power over slaves as mere proper- our species are thrown together in the same ty, fasten slavery on the people of the State community it had long been his opinion that perpetually and even against their will. This it is better for both that the inferior should be would be monstrous enough. But the power in a state of subordination to that which, under to do this involves the power to prevent the all circumstances, is the superior. The two races non-slaveholding States from continuing so, by are immiscible. Amalgamation would be dedenying to them the right to prohibit the introduction and enjoyment of slaves within their limits as articles of property subject to commercial power. No patriot, regardful of justice, or liberty-of social order, or of State rights, could hesitate to denounce such an assumption as absurd and ridiculous. Moreover, if the act of 1833 be unconstitutional so far as it forbids importation for use, it must be even more clearly void for conflict with the com

teriorating to the white race, and, in his judg ment, inconsistent with the laws of social wel fare and the dignity and progress of the more improved portion of mankind. The two incongruous races cannot live together on terms of social or civil equality. And freedom, without power or privilege, is the worst form of slavery in disguise. No population can be more wretched or pestilent than a degraded, disfranchised cast. A well regulated slavery

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