admit that the power of legislating, instead of being in Congress, is in the inhabitants of the territories? How can you justify and sanction by your votes the acts of the Executive, which are in direct derogation to what you then contended for? But, to approach still nearer to the present time, how can you, after condemning, little more than a year since, the grounds taken by the party which you defeated at the last election, wheel round and support by your votes the grounds which, as explained by the candidate of the party at the last election, are identical with those on which the Executive has acted in reference to California? What are we to understand by all this? Must we conclude that there is no sincerity, no faith, in the acts and declarations of public men, and that all is mere acting or hollow profession? or are we to conclude that the exclusion of the South from the territories acquired from Mexico is an object of so paramount a character in your estimation, that right, justice, Constitution, and consistency must all yield, when they stand in the way of our exclusion?

But, it may be asked, what is to be done with California, should she not be admitted? I answer, remand her back to the territorial condition, as was done in the case of Tennessee, in the early stage of the government. Congress, in her case, had established a territorial government, in the usual form, with a Governor, Judges, and other officers appointed by the United States. She was entitled, under the deed of cession, to be admitted into the Union as a State, as soon as she had 60,000 inhabitants. The territorial government, believing it had that number, took a census by which it appeared it exceeded it. She then formed a Constitution and a State, and applied for admission. Congress refused to admit her, on the grounds that the census should be taken by the United States, and that Congress had not determined whether the territory should be formed into one or two States, as it was authorized to do, under the cession. She returned quietly to her territorial condition. An act was passed to take a census by the United States, and providing that the territory should form one State. All afterwards was regularly conducted, and the territory admitted as a State in due form. The irregularities in the case of California are immeasurably greater, and afford a much stronger reason for pursuing the same course. But, it may be said, California may not submit. That is not probable; but, if she should not, when she refuses, it will then be the time for us to decide what is to be done.

Having now shown what cannot save the Union, I return to the ques

tion with which I commenced-How can the Union be saved? There is but one way by which it can, with any certainty, be saved, and that is by a full and final settlement, on the principles of justice, of all the questions at issue between the two sections. The South asks for justice, simple justice, and less she ought not to take. She has no compromise to offer but the Constitution, and no concessions or surrender to make. She has already surrendered so much, that she has little left to surrender. Such a settlement would go to the root of the evil, remove all cause of discontent, and satisfy the South that she could remain honestly and safely in the Union, and thereby restore the harmony and fraternal feelings between the sections, which existed anterior to the Missouri agitation. Nothing else can, with any certainty, finally and forever settle the question at issue, terminate agitation, and save the Union.

But can this be done? Yes, easily; not by the weaker party, for it can of itself do nothing-not even protect itself—but by the stronger. The North has only to will it, to do justice, and perform her duty, in order to accomplish it-to do justice by conceding to the South an equal right in the acquired territory; and to do her duty by causing the stipulations relative to fugitive slaves to be faithfully fulfilled-to cease the agitation of the slave question, and provide for the insertion of a provision in the Constitution by an amendment, which will restore in substance the power she possessed of protecting herself before the equilibrium between the sections was destroyed by the action of this government. There will be no difficulty in devising such a provisionone that will protect the South, and which at the same time will improve and strengthen the government, instead of impairing or weakening it.

But will the North agree to this? It is for her to answer this question. But I will say, she cannot refuse if she has half the love of the Union which she professes to have, or without justly exposing herself to the charge that her love of power and aggrandizement is far greater than her love of the Union. At all events, the responsibility of saving the Union is on the North and not the South. The South cannot save it by any act of hers, and the North may save it without any sacriacs whatever, unless to do justice and to perform her duties under the Con stitution be regarded by her as a sacrifice.

It is time, Senators, that there should be an open and manly avowal on all sides as to what is intended to be done. If the question is not now settled, it is uncertain whether it ever can hereafter be, and we, as

the representatives of the States of this Union, regarded as governments, should come to a distinct understanding as to our respective views, in order to ascertain whether the great questions at issue between the two sections can be settled or not. If you who represent the stronger portion, cannot agree to settle them on the broad principle of justice and duty, say so, and let the States we represent agree to separate and part in peace. If you are willing we should part in peace, tell us so, and we shall know what to do when you reduce the question to submission or resistance. If you remain silent, you then compel us to infer what you intend. In that case, California will become the test question. If you admit her under all the difficulties that oppose her admission, you compel us to infer, that you intend to exclude us from the whole of the acquired territories, with the intention of destroying irretrievably the equilibrium between the two sections. We would be blind, not to perceive in that case, that your real objects are power and aggrandizement; and infatuated, not to act accordingly.

I have now, Senators, done my duty, in expressing my opinions fully, freely, and candidly on this solemn occasion. In doing so, I have been governed by the motives which have governed me in all the stages of the agitation of the slavery question since its commencement, and exerted myself to arrest it, with the intention of saving the Union, if it could be done, and, if it cannot, to save the section where it has pleased Providence to cast my lot, and which I sincerely believe has justice and the Constitution on its side. Having faithfully done my duty to the best of my ability, both to the Union and my section, throughout the whole of this agitation, I shall have the consolation, let what will come, that I am free from all responsibility.

Mr. Calhoun's position in regard to the necessity of amending the Constitution was not generally concurred in by the other representatives from the Southern States; but most of them, if not all, agreed with him, that the South should not be denied an equal participation in the acquired territory, and that the true policy of the general government was non-interference, or, in other words, that in the formation of territorial governments, Congress should have nothing to do with the

question of slavery, but leave the people of the states to be formed free to act as they chose. Non-intervention being conceded, the owners of slaves would have the same right to go to the territories that others would, and to take their slaves with them, just as others could their property. In this way the South would have an equal chance, as Mr. Calhoun contended she ought, in the settlement of the territories.

CHAPTER XIII.

Death of Mr. Calhoun-Funeral Honors-His Family-Personal Appearance-Character-Habits in Private Life-Mental Powers→ Style as a Speaker and Writer-Work on Government-Manner as an Orator-Course as a Statesman-Popularity-Memory.

FAITHFUL to his duty unto the end, Death found Mr. Calhoun at his post. Feeble though he was in body, to the very close of his earthly pilgrimage he was sustained by the wonderful energy and power of an intellect that never knew what it was to be dependent. Like Chatham, wrapped up in flannels, he occasionally crawled to the Senate chamber to take his friends by the hand, and to encourage them to stand firmly by the rights of the South; and on the 13th of March, his voice was heard for the last time in debate, no longer clear as a trumpet, but often giving way with the failure of the powers of utterance-quivering from weakness and husky with emotion, yet still indicating the unconquerable will and determination of his character. It was the triumph of mind over matter,-of the immortal spirit over the frail body that contained it!

The last words of Mr. Calhoun in the Senate were uttered on this occasion, in defence of his proposition for the amendment of the Constitution, which had been assailed by several senators in the course of the dis