Letter from W. B. Davis to Mississippi Governor John J. Pettus; November 24, 1859

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Letter from W. B. Davis to Mississippi Governor John J. Pettus; November 24, 1859

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People

Douglas, Stephen A. (Stephen Arnold), 1813-1861 Washington, George, 1732-1799 Seward, William H. (William Henry), 1801-1872 McWillie, William, 1795-1869 Davis, W. B.

Events

Colonization Disenfranchisement Election of 1852 Election of 1856 Political elections Slavery--Abolition South Carolina. Convention (1860-1862) Treason Treaty of Peace, Friendship, Limits, and Settlement Between the United States of America and the Mexican Republic (1848 February 2) United States. Ordinance of 1787

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United States. Congress United States. Congress. House

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United States. President

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Wilmington (N.C.) Missouri California Kansas Ireland Poland Hungary Ohio Michigan Pacific Ocean South Carolina

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African Americans Free people of color

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Wilmington N. C. Nov. 24. 1859

Circular to the 15 Southern Governors.

Sirs, It is more manly to come at once to what I mean, than to play Shuttle-cock on the meaning of the Subject.

I ask leave to refer you to a few facts, And—/

First: The South has been endowed with so many uphill statesmen of both parties, for the North and northwest, and down hill Statesmen for herself, since the ratification of the Mexican Treaty of 1848. That she is already at the foot of the hill, with only 16 Territorial acquired votes in the House of Congress, land with an Abolition prospect of losing 7 of them in Missouri, when she weill be left with only 9 votes, and no prospect of ever getting anymore.

Second: I refer to page 389, herewith, to the power of the Southern Governors to save the South at "the eleventh hour."

Third: I refer to page 392, to the most gigantic and diabolical Swindle that ever disgraced the Statute Book of a civilizd and deceived people of both parties of the Southern States, by mixing up those northern wily "pledged platforms in the Presidential elections of 1852 and 1856", out of sight of the Southern people, and as a most wicked and treasonable trap to cause them to vote, unknowingly, on the one hand, to disfranchise themselves and posterity of their vested rights & Liberty in their own bona-fide Territories and rich gold mines of California and Kansas, without a northern cent equivalent; and with the same vote, on the other hand, for President of the United States:—no matter which party carried the day, on the ostensible and hiden "platform" of that illegally adopted and infamous land piracy Sixth Article of the Ordinance of 1787, as a land piracy substitute for the Constitution.

Fourth: Had the joint acquired Territorial question been Submitted to the people of the Southern States on its legal merits, at any other time, but in the confusion of a Presidential election, in an open, manly and honorable manner, it would not have received a Single Southern vote from either party, except Southern traitors: and of whom the has more in covert

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than she is aware of, including lots of her adopted northern citizens and bought up presses. Smuggled in to the South for the expresss purpose of playing a double faced game, on the same principle of duplicity of the mammoth wooden "Trojan horse smuggled into Troy", for the express purpose of dividing the South against herself, that that she may the more easily be robbed and conquered to perpetual vassalage and tribute.

Fifth: You will perceive that Mr. Douglas, in his epistle to the Harper's, now claims that low and disreputable trick and Swindle, of mixing up his "pledged platoforms of 1852 and 1856, with the Presidential elections", as binding upon the Southern people and posterity, to thus cheat and Swindle Them blindfold, out of their vested rights and Liberty in California and Kansas, and 20 million dollars paid for the title without a farthing equivalent, or "he will not accept their nomination by the Charleston Convention, if tendered to him".

Sixth Will your Excellencies adhere to, and abide by such an infamous swindle of your respective state constitencies, or will you recommen~~[unclear?]~~d your respective Legislatures to remove disgraceful bandage from the eyes of the people, that they may see like "freemen" how, and by whom they have been Swindled and robbed of their valid Deeds of Treaties—sealed instruments of vested rights and liberty in California and Kansas?

Seventh: It is the blackest sort of disgrace to every man in the northern states of either party, who had any agency in concoting and mixing up that infamous land piracy Sixth Article of the Oridinance of 1787 in "the Preidential elections of 1852 and 1856," out of sight of the Southern unsuspecting people of both parties, as a Substitute for the Constitution. It is worse than their desecration of the Tomb of Washington with their hypocritical eulogies.

Eighth: The whole fraud from begining, with that New England Saxon Puritan land piracy Article of 1787, could not Stand 24 hours in a competent Court of justice; and if the Southern Governors, who are the only men that hold the Constitutional power, are not bound to do that, then they are bound to nothing but the downward road to

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everlasting Southern degradation, vassalage and tribute, on the eternal "platofrm" of Ireland, Poland and Hungary.

The Constitution says:—and it is very plain in its language for all honest men to understand:—It says:—"Congress may admit new states into the Union:—provided they be Republican in form".

Here is an injunction, which devolves a duty upon Congress to wit:—To see first, if "they be Republican"; and Second: if the "form" corresponds with the Substance:—because, it is possible in the self-interest of frail human nature, that the "form" may appear virtuous, when the Substance is rank vice. This problem was once Sol^v^ed by "the higher law",—which said:—"They make clear the outside of the platter, when within, There is nothing but rotten mess and dead mens bones". For instance:—Suppose a community of people, by their empowered special representatives, present themselves before Congress and ask "admission into the Union as a new State?" Is it not the duty of Congress to ascertain whom those people are? where they came from, and see that they bring along with them a lawful title of the Territory on which they ask to be "admitted as Sovereign State?" And first:—What constitutes Sovereignty? Answer:—A lawful and undisputed title of the soil. Second:—What constitutes "Republican."—in the intent and meaning of the Constitution? Answer:—Integrity—and equal benefits and burdens.

Now, Suppose those people who ask the "admission", come from Kansas? If "Congress may admit them", it may not; unless it be satisfied that they bring along with them "a clean republican title" in their own lawful right to the Territory; and "not to the prejudice of the claims (Deeds or Treaties) of any portion of the United States, nor of any particular State: for, this is the positive injunction of Art: 4. Sec: 3 of the Constitution: which Congress is not at liberty to violate, or evade under any pretext whatsoever: and the more especially by making an unconstitutional distinction in the native born labor of the country by Statute, for the ostensible and special purpose of disfranchising The people and posterity of "any portion of the United States, nor of any particular State",

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of their valid vested rights and title in any portion of the joint acquired Territories and public lands. And should there be any doubt about their "title of Sovereignty", each and every member of Congress is bound by his oath and allegiance to the Republic: and, also, to the positive injunction of Art: 4. Sec: 3 of the Constitution, to demand to Know how they came by their title of Kansas? Because they know, and Congress knows that, they had peacably colonized all their northern legal half of the joint acquired Territories and public lands at the time of ratification of the Mexican Southern Treaty of 1848, and had locked it up and locked Southern Society and labor out in the spirit of wanton hostility and ill-blood!!! and then drove Southern Society and labor out of their own valid Territories of California and Kansas, with the bible in one hand and Sharp's rifle in the other—

It will not do for them to answer:—"We bought our title of Sovereignty from Congress". Because There is no Sovereignty in "Congress for Sale". It is only an incorporated public Agent by the States, in 1787. & under positive injunctions.

And besides: those people in Kansas have not paid the people and posterity of the 15 Southern States—the rightful owners—a simple Douglas or Seward cent for their valid Deeds of Treaties—sealed instruments of vested rights in California and Kansas!!! and, therefore, their title of pretended "Soveriengty: or popular Sovereignty".—is all a fraud, and "ainadmissable, as a republican State into the Union", in violation of the positive injunction of Art: 4. Sec: 3 of the Constitution—

By the foregoing "republican" explanation of the Constitution—"to admit new States into the Union:—Congress may "ask those people from Kansas waiting at the door, if they can show a valid sealed instrument, lawfully executed, under the special authorized hands and State Seals of the people of the 15 Southern States, and for a valid consideration to them of an lawful conveyance of their title of Sovereignty and prior right of jurisdiction of Society and labor to

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colonise Kansas in their own way, as well as the people of the 15 northern states have colonised their legal half of the joint acquired Territories, from the eastern boundary of Ohio and Michigan, to the 49^th_, and 42^d parallels of latitude on the Pacific?

Congress, therefore, has no other legal right to "admit new states into the Union", but that in conformity to the positive injunction of the said Art: 4. Sec: 3. to see that it shall not be done under any "rules or regulations to the prejudice of The claims of any portion of the United States, nor of any particular state". And no language can be plainer that, such fraud and treason against the South and the Republic of mixing up pledged platforms with the Presidential elections, was not the intent and meaning of the States in Convention, 1787. with Gen^l_. Washington in the lead.

Does it look reasonable in the main leading Article of the Constitution, that they meant "to establish justice" abroad, and land piracy—negro Stealing and treason at home among themselves? Let the Southern delegates of both parties in the next Presidential Conventions, ask the respective candidates, if they believe that such were intent and meaning of the States, with Gen^l_. Washington in the lead, when they framed and signed the Constitution?

His Excellency
Gov^r. M^c_.Willie

I am respectuflly
your obt. servt
W, B, Davis,

Note: I repeat that I think the vital importance of the foregoing subject falls within the scope of your Excellency and Legislature to take some appropriate action upon it: and invite the other Southern Governors and Legislatures to, also, take the matter in to consideration on the legal merits of the case.