ber the instructive lesson that was taught in the words, "These things ought ye to have done, and not to have left the others undone." Remember that the liberty party tried the unattainable, overlooking the attainable, and now has compromised and surrendered the principle of immediate emancipation for a coalition to effect a practicable measure which can only be defeated by that coalition. Remember that no human work is done without preparation. God works out his sublimest purposes among men with preparation. There was a voice of one crying in the wilderness, Prepare ye the way,' before the Son of man could come. There was a John before a Jesus; there was a baptism of water before the baptism of the Holy Ghost and of fire."

All Mr. Seward's speeches during this campaign were full of the same sentiments. In the cities of Boston, Philadelphia, and New York as well as among the yeomanry of Pennsylvania, New York, and Ohio, he spoke the same language, and the demonstrations of concurrence were equally hearty and unanimous in city and country.

In one of these speeches he alludes to the nomination of General Taylor in preference to Mr. Clay and Mr. Webster in the following words:

"What is the presidency of the United States compared with the fame of a patriot statesman who triumphs over popular injustice and establishes his country on the sure foundations of freedom and empire?”*

*See Vol. III., p. 305.

CHAPTER XVIII.

PRESIDENT TAYLOR-MR. SEWARD ELECTED SENATOR-GEN

ERAL TAYLOR'S POLICY MR. SEWARD'S COURSE AND SPEECHES-THE HIGHER LAW -THE COMPROMISE OF 1850 SPEECHES ON VARIOUS SUBJECTS- VISIT TO VERMONT AGRICULTURAL ADDRESS-CANADA.

THE election of General Taylor to the presidency seemed to be a favorable indication for the policy of freedom, that had been so earnestly defended by Governor Seward. Connected with the return of a whig majority both in the national house of representatives and the legislature of New York, that event was supposed to guaranty the restriction of slavery within its existing boundaries and the establishment of a free domain along the gulf of Mexico, and across the continent to the Pacific ocean. Under these circumstances, Governor Seward was elected to the senate of the United States, in place of Hon. John A. Dix, whose term was about to expire. The vote of the legislature, which was given in February, 1849, stood-for Governor Seward 121, and for all others 30. This was an unusually large majority, there being no serious opposition to his election. He entered the thirty-first Congress, together with thirtythree other whig members, and one democratic member, from the state of New York, who, in accordance with the prevailing sentiment of the state, were all understood to agree with him in the policy of circumscribing the region of slavery.

On arriving at Washington, in February before the commencement of his senatorial term, Mr. Seward found Congress engaged on an amendment to the civil and diplomatic appropriation bill, proposed by Mr. Walker, of which

the effect would be to abrogate the laws of Mexico for the prohibition of slavery. This amendment had already passed the senate, but Mr. Seward, with characteristic energy, exerted himself to secure its defeat in the house. His efforts were successful; the amendment was lost in the house, after a long and excited debate; the senate receded from it, on the last night of the session.*

The sagacity of President Taylor, on his accession to of fice was signally displayed in his choice of Mr. Seward as one of his most intimate friends and counsellors. Familiar with all the elements of northern society, with every aspect of public opinion, and the feelings and interests of the people-conversant with civil affairs as a jurist and statesman-cherishing a lofty sense of honor and a generous sympathy with popular rights-courteous and tolerant toward his opponents, though rigidly faithful to his convictions-inspired with a glowing sentiment both of patriotism and humanity—and ardently devoted to the support of the federal Union-he was eminently qualified to promote the welfare of his country in the responsible function of adviser to the president. With a delicate sense of propriety, while thus enjoying the confidence of President Taylor, he declined being placed on any important committee of the senate, lest it might be supposed, on some occasions, that he acted authoritatively in his behalf. He was unwilling to embarrass the administration by any sectional prejudices against himself, but wished quietly to bring the aid of his wisdom and experience to the support of its head.

He concurred with President Taylor in his invitation to California and New Mexico to organize state governments and apply for admission into the Union at the next session of Congress. The suggestion of the president was adopted. As Mr. Seward had anticipated, California appeared by her senators and representatives at the commencement of the congressional session in December, 1849, with a *See Vol. III., p. 443.

constitution excluding slavery. It was understood that New Mexico was preparing to come with a similar constitution.

To Mr. Seward belongs the authorship of the phrase -the Higher Law-which has acquired a fame that will never die. It was used by him in his speech in the senate, March 11, 1850, on the admission of California into the Union.*

This speech was unanimously acknowledged to be a bold, manly, and profound production. Lucid and consecutive in argument, learned in historical and philosophical illustrations, with a chaste elegance of diction, it was not surpassed for sound statesmanship and an acute exposition of the principles of natural and constitutional law, by any speech delivered in the senate on the absorbing subject of freedom in the territories.

The enemies of Mr. Seward at once accused him of maintaining the existence of a Higher Law, in opposition to the constitution, by which the new domain of California was devoted to justice, liberty, and union. But this was a flagrant misrepresentation of his language, which embodied a truth, that none but the grossest materialists and skeptics can call in question. No enlightened ethical philosopher, no man of ordinary religious feeling and conscientiousness, will deny that there is a law higher than political constitutions and human legislation, "the law which governs all law the law of our Creator, the law of humanity, justice, equity, the law of nature and of nations." Nor will it be doubted, that in case of a conflict between divine and human law, "we ought to obey God, rather than man." But it was not the purpose of Mr. Seward on that occasion, to repeat a principle so plain as this. The phrase as used by him on the floor of the senate would hardly seem capable of such misconstruction as has been given to it. We quote his words, precisely as they were spoken:·

*See Vol. I., p. 51.

"It is true, indeed, that the national domain is ours. It is true it was acquired by the valor and with the wealth of the whole nation. But we hold, nevertheless, no arbitrary power over it. We hold no arbitrary authority over anything, whether acquired lawfully or seized by usurpation. The constitution regulates our stewardship; the constitution devotes the domain to union, to justice, to defence, to welfare, and to liberty. But there is a Higher Law than the constitution, which regulates our authority over the domain, and devotes it to the same noble purposes. The territory is a part, no inconsiderable part, of the common heritage of mankind, bestowed upon them by the Creator of the universe. We are his stewards, and must so discharge our trust as to secure in the highest attainable degree their happiness."

Every intelligent reader will perceive that while Mr. Seward devoutly recognises the law of God, and its paramount claims both on individuals and nations, he was far from asserting a contradiction between that law and the American constitution on the subject in question. On the contrary, he declares that they agree in demanding freedom and justice for the new domain. Can any wise statesman, can any far-seeing patriot, can any friend of human improvement, deny the soundness of this position?

But let us not be misunderstood. In vindicating Mr. Seward from the aspersions which were brought upon him by the expression alluded to, it is far from our intention to disclaim for him a belief that the obligation of human laws is founded on their harmony with the principles of eternal justice. He is no adherent of the superficial and wretched philosophy which derives the distinctions of morality from the caprices of opinion. In common with the greatest thinkers of all ages, he traces the obligation of right to the uncreated wisdom of the Deity. With Plato and Cicero, in ancient times, with Bacon, Hooker, and Cudworth, at a later date, he recognises the bosom of the Deity as the seat and fountain of law- "whose voice is the harmony of the world." This ennobling idea pervades