disgrace to human nature; but it appears to me, that, if the importation was crushed, the value of a slave would be increased instead of diminished; however, considerations of this kind have nothing to do with the present question; gentlemen may acquiesce in the commitment of the memorial, without pledging themselves to support its object.
Mr. Jackson, (of Ga.) I differ much in opinion with the gentleman last up. I apprehend if, through the interference of the general government, the slave-trade was abolished, it would evince to the people a disposition toward a total emancipation, and they would hold their property in jeopardy. Any extraordinary attention of Congress to this petition may have, in some degree, a similar effect. I would beg to ask those, then, who are so desirous of freeing the negroes, if they have funds sufficient to pay for them? If they have, they may come forward on that business with some propriety; but, if they have not, they should keep themselves quiet, and not interfere with a business in which they are not interested. They may as well come forward, and solicit Congress to interdict the West-India trade, because it is injurious to the morals of mankind; from thence we import rum, which has a debasing influence upon the consumer. But, sir, is the whole morality of the United States confined to the Quakers? Are they the only people whose feelings are to be consulted on this occasion? Is it to them we owe our present happiness? Was it they who formed the Constitution? Did they, by their arms, or contributions, establish our independence? I believe they were generally opposed to that measure. Why, then, on their application, shall we injure men, who, at the risk of their lives and fortunes, secured to the community their liberty and property? If Congress pay any uncommon degree of attention to their petition, it will furnish just ground of alarm to the Southern States. But, why do these men set themselves up, in such a particular manner, against slavery? Do they understand the rights of mankind, and the disposition of Providence better than others? If they were to consult that Book which claims our regard, they will find that slavery is not only allowed, but commended. Their Saviour, who possessed more benevolence and commiseration than they pretend to, has allowed of it. And if they fully examine the subject, they will find that slavery has been no novel doctrine since the days of Cain. But be these things as they may, I hope the house will order the petition to lie on the table, in order to prevent alarming our Southern brethren.
Mr. Sedgwick, (of Mass.) If it was a serious question, whether the Memorial should be committed or not, I would not urge it at this time; but that cannot be a question for a moment, if we consider our relative situation with the people. A number of men,–who are certainly very respectable, and of whom, as a society, it may be said with truth, that they conform their moral conduct to their religious tenets, as much as any people in the whole community,–come forward and tell you, that you may effect two objects by the exercise of a Constitutional authority which will give great satisfaction; on the one hand you may acquire revenue, and on the other, restrain a practice productive of great evil. Now, setting aside the religious motives which influenced their application, have they not a right, as citizens, to give their opinion of public measures? For my part I do not apprehend that any State, or any considerable number of individuals in any State, will be seriously alarmed at the commitment of the petition, from a fear that Congress intend to exercise an unconstitutional authority, in order to violate their rights; I believe there is not a wish of the kind entertained by any member of this body. How can gentlemen hesitate then to pay that respect to a memorial which it is entitled to, according to the ordinary mode of procedure in business? Why shall we defer doing that till to-morrow, which we can do to-day? for the result, I apprehend, will be the same in either case.
Mr. Smith, (of S.C.) The question, I apprehend, is, whether we will take the petition up for a second reading, and not whether it shall be committed? Now, I oppose this, because it is contrary to our usual practice, and does not allow gentlemen time to consider of the merits of the prayer; perhaps some gentlemen may think it improper to commit it to so large a committee as has been mentioned; a variety of causes may be supposed to show that such a hasty decision is improper; perhaps the prayer of it is improper. If I understood it right, on its first reading, though, to be sure, I did not comprehend perfectly all that the petition contained, it prays that we should take measures for the abolition of the slave trade; this is desiring an unconstitutional act, because the constitution secures that trade to the States, independent of congressional restrictions, for the term of twenty-one years. If, therefore, it prays for a violation of constitutional rights, it ought to be rejected, as an attempt upon the virtue and patriotism of the house.
Mr. Boudinot, (of N.J.) It has been said that the Quakers have no right to interfere in this business; I am surprised to hear this doctrine advanced, after it has been so lately contended, and settled, that the people have a right to assemble and petition for redress of grievances; it is not because the petition comes from the society of Quakers that I am in favor of the commitment, but because it comes from citizens of the United States, who are as equally concerned in the welfare and happiness of their country as others. There certainly is no foundation for the apprehensions which seem to prevail in gentlemen’s minds. If the petitioners were so uninformed as to suppose that congress could be guilty of a violation of the constitution, yet, I trust we know our duty better than to be led astray by an application from any man, or set of men whatever. I do not consider the merits of the main question to be before us; it will be time enough to give our opinions upon that, when the committee have reported. If it is in our power, by recommendation, or any other way, to put a stop to the slave-trade in America, I do not doubt of its policy; but how far the constitution will authorize us to attempt to depress it, will be a question well worthy of our consideration.
Mr. Sherman (of Conn.) observed, that the petitioners from New York, stated that they had applied to the legislature of that State, to prohibit certain practices which they conceived to be improper, and which tended to injure the well-being of the community; that the legislature had considered the application, but had applied no remedy, because they supposed that power was exclusively vested in the general government, under the constitution of the United States; it would, therefore, be proper to commit that petition, in order to ascertain what were the powers of the general government, in the case doubted by the legislature of New York.
Mr. Gerry (of Mass.) thought gentlemen were out of order in entering upon the merits of the main question at this time, when they were considering the expediency of committing the petition; he should, therefore, now follow them further in that track than barely to observe, that it was the right of the citizens to apply for redress, in every case they conceived themselves aggrieved in; and it was the duty of congress to afford redress as far as in their power. That their Southern brethren had been betrayed into the slave-trade by the first settlers, was to be lamented; they were not to be reflected on for not viewing this subject in a different light, the prejudice of education is eradicated with difficulty; but he thought nothing would excuse the general government for not exerting itself to prevent, as far as they constitutionally could, the evils resulting from such enormities as were alluded to by the petitioners; and the same considerations induced him highly to commend the part the society of Friends had taken; it was the cause of humanity they had interested themselves in, and he wished, with them, to see measures pursued by every nation, to wipe off the indelible stain which the slave-trade had brought upon all who were concerned in it.
Mr. Madison (of Va.) thought the question before the committee was no otherwise important than as gentlemen made it so by their serious opposition. Did they permit the commitment of the Memorial, as a matter of course, no notice would be taken of it out of doors; it could never be blown up into a decision of the question respecting the discouragement of the African slave-trade, nor alarm the owners with an apprehension that the general government were about to abolish slavery in all the States; such things are not contemplated by any gentleman; but, to appearance, they decide the question more against themselves than would be the case if it was determined on its real merits, because gentlemen may be disposed to vote for the commitment of a petition, without any intention of supporting the prayer of it.
Mr. White (of Va.) would not have seconded the motion, if he had thought it would have brought on a lengthy debate. He conceived that a business of this kind ought to be decided without much discussion; it had constantly been the practice of the house, and he did not suppose there was any reason for a deviation.
Mr. Page (of Va.) said, if the memorial had been presented by any individual, instead of the respectable body it was, he should have voted in favor of a commitment, because it was the duty of the legislature to attend to subjects brought before them by their constituents; if, upon inquiry, it was discovered to be improper to comply with the prayer of the petitioners, he would say so, and they would be satisfied.
Mr. Stone (of Md.) thought the business ought to be left to take its usual course; by the rules of the house, it was expressly declared, that petitions, memorials, and other papers, addressed to the house, should not be debated or decided on the day they were first read.
Mr. Baldwin (of Ga.) felt at a loss to account why precipitation was used on this occasion, contrary to the customary usage of the house; he had not heard a single reason advanced in favor of it. To be sure it was said the petitioners are a respectable body of men–he did not deny it–but, certainly, gentlemen did not suppose they were paying respect to them, or to the house, when they urged such a hasty procedure; anyhow it was contrary to his idea of respect, and the idea the house had always expressed, when they had important subjects under consideration; and, therefore, he should be against the motion. He was afraid that there was really a little volunteering in this business, as it had been termed by the gentleman from Georgia.
Mr. Huntington (of Conn.) considered the petitioners as much disinterested as any person in the United States; he was persuaded they had an aversion to slavery; yet they were not singular in this, others had the same; and he hoped when congress took up the subject, they would go as far as possible to prohibit the evil complained of. But he thought that would better be done by considering it in the light of revenue. When the committee of the whole, on the finance business, came to the ways and means, it might properly be taken into consideration, without giving any ground for alarm.
Mr. Tucker, (of S.C.) I have no doubt on my mind respecting what ought to be done on this occasion; so far from committing the memorial, we ought to dismiss it without further notice. What is the purport of the memorial? It is plainly this; to reprobate a particular kind of commerce, in a moral view, and to request the interposition of congress to effect its abrogation. But congress have no authority, under the constitution, to do more than lay a duty of ten dollars upon each person imported; and this is a political consideration, not arising from either religion or morality, and is the only principle upon which we can proceed to take it up. But what effect do these men suppose will arise from their exertions? Will a duty of ten dollars diminish the importation? Will the treatment be better than usual? I apprehend it will not, nay, it may be worse. Because an interference with the subject may excite a great degree of restlessness in the minds of those it is intended to serve, and that may be a cause for the masters to use more rigor towards them, than they would otherwise exert; so that these men seem to overshoot their object. But if they will endeavor to procure the abolition of the slave-trade, let them prefer their petitions to the State legislatures, who alone have the power of forbidding the importation; I believe their applications there would be improper; but if they are any where proper, it is there. I look upon the address then to be ill-judged, however good the intention of the framers.
Mr. Smith (of S.C.) claimed it as a right, that the petition should lay over till to-morrow.
Mr. Boudinor (of N.J.) said it was not unusual to commit petitions on the day they were presented; and the rules of the house admitted the practice, by the qualification which followed the positive order, that petitions should not be decided on the day they were first read, “unless where the house shall direct otherwise.”
Mr. Smith (of S.C.) declared his intention of calling the yeas and nays, if gentlemen persisted in pressing the question.
Mr. Clymer (of Penn.) hoped the motion would be withdrawn for the present, and the business taken up in course to-morrow; because, though he respected the memorialists, he also respected order and the situation of the members.
Mr. Fitzsimons (of Penn.) did not recollect whether he moved or seconded the motion, but if he had, he should not withdraw it on account of the threat of calling the yeas and nays.
Mr. Baldwin (of Ga.) hoped the business would be conducted with temper and moderation, and that gentlemen would concede and pass the subject over a day at least.
Mr. Smith (of S.C.) had no idea of holding out a threat to any gentleman. If the declaration of an intention to call the yeas and nays was viewed by gentlemen in that light, he would withdraw that call.
Mr. White (of Va.) hereupon withdrew his motion. And the address was ordered to lie on the table.
FEBRUARY 12th, 1790.
The following memorial was presented and read:
“To the Senate and House of Representatives of the United States: The Memorial of the Pennsylvania Society for promoting the abolition of slavery, the relief of free negroes unlawfully held in bondage, and the improvement of the condition of the African race, respectfully showeth: That from a regard for the happiness of mankind, an association was formed several years since in this State, by a number of her citizens, of various religious denominations, for promoting the abolition of slavery, and for the relief of those unlawfully held in bondage. A just and acute conception of the true principles of liberty, as it spread through the land, produced accessions to their numbers, many friends to their cause, and a legislative co-operation with their views, which, by the blessing of Divine Providence, have been successfully directed to the relieving from bondage a large number of their fellow creatures of the African race. They have also the satisfaction to observe, that, in consequence of that spirit of philanthropy and genuine liberty which is generally diffusing its beneficial influence, similar institutions are forming at home and abroad. That mankind are all formed by the same Almighty Being, alike objects of his care, and equally designed for the enjoyment of happiness, the Christian religion teaches us to believe, and the political creed of Americans fully coincides with the position. Your memorialists, particularly engaged in attending to the distresses arising from slavery, believe it their indispensable duty to present this subject to your notice. They have observed with real satisfaction, that many important and salutary powers are vested in you for ‘promoting the welfare and securing the blessings of liberty to the people of the United States;’ and as they conceive, that these blessings ought rightfully to be administered, without distinction of color, to all descriptions of people, so they indulge themselves in the pleasing expectation, that nothing which can be done for the relief of the unhappy objects of their care, will be either omitted or delayed. From a persuasion that equal liberty was originally the portion, and is still the birth-right of all men, and influenced by the strong ties of humanity and the principles of their institution, your memorialists conceived themselves bound to use all justifiable endeavors to loosen the bands of slavery, and promote a general enjoyment of the blessings of freedom. Under these impressions, they earnestly entreat your serious attention to the subject of slavery; that you will be pleased to countenance the restoration of liberty to those unhappy men, who alone, in this land of freedom, are degraded into perpetual bondage, and who, amidst the general joy of surrounding freemen, are groaning in servile subjection; that you will devise means for removing this inconsistency from the character of the American people; that you will promote mercy and justice towards this distressed race, and that you will step to the very verge of the power vested in you, for discouraging every species of traffic in the persons of our fellow-men.
“BENJAMIN FRANKLIN, _President_.
“PHILADELPHIA, _February_ 3, 1790.”
Mr. Hartley (of Penn.) then called up the memorial presented yesterday, from the annual meeting of Friends at Philadelphia, for a second reading; whereupon the same was read a second time, and moved to be committed.
Mr. Tucker (of S.C.) was sorry the petition had a second reading as he conceived it contained an unconstitutional request, and from that consideration he wished it thrown aside. He feared the commitment of it would be a very alarming circumstance to the Southern States; for if the object was to engage Congress in an unconstitutional measure, it would be considered as an interference with their rights, the people would become very uneasy under the government, and lament that they ever put additional powers into their hands. He was surprised to see another memorial on the same subject and that signed by a man who ought to have known the constitution better. He thought it a mischievous attempt, as it respected the persons in whose favor it was intended. It would buoy them up with hopes, without a foundation, and as they could not reason on the subject, as more enlightened men would, they might be led to do what they would be punished for, and the owners of them, in their own defence, would be compelled to exercise over them a severity they were not accustomed to. Do these men expect a general emancipation of slaves by law? This would never be submitted to by the Southern States without a civil war. Do they mean to purchase their freedom? He believed their money would fall short of the price. But how is it they are more concerned in this business than others? Are they the only persons who possess religion and morality? If the people are not so exemplary, certainly they will admit the clergy are; why then do we not find them uniting in a body, praying us to adopt measures for the promotion of religion and piety, or any moral object? They know it would be an improper interference; and to say the best of this memorial, it is an act of imprudence, which he hoped would receive no countenance from the house.
Mr. Seney (of Md.) denied that there was anything unconstitutional in the memorial, at least, if there was, it had escaped his attention, and he should be obliged to the gentleman to point it out. Its only object was, that congress should exercise their constitutional authority, to abate the horrors of slavery, as far as they could: Indeed, he considered that all altercation on the subject of commitment was at an end, as the house had impliedly determined yesterday that it should be committed.
Mr. Burke (of S.C.) saw the disposition of the house, and he feared it would be refered to a committee, maugre all their opposition; but he must insist that it prayed for an unconstitutional measure. Did it not desire congress to interfere and abolish the slave-trade, while the constitution expressly stipulated that congress should exercise no such power? He was certain the commitment would sound in alarm, and blow the trumpet of sedition in the Southern States. He was sorry to see the petitioners paid more attention to than the constitution; however, he would do his duty, and oppose the business totally; and if it was referred to a committee, as mentioned yesterday, consisting of a member from each State, and he was appointed, he would decline serving.
Mr. Scott, (of Penn.) I can’t entertain a doubt but the memorial duty particularly assigned to us by that instrument, and I hope we may be inclined to take it into consideration. We can, at present, lay our hands upon a small duty of ten dollars. I would take this, and if it is all we can do, we must be content. But I am sorry that the framers of the constitution did not go farther and enable us to interdict it for good and all; for I look upon the slave-trade to be one of the most abominable things on earth; and if there was neither God nor devil, I should oppose it upon the principles of humanity and the law of nature. I cannot, for my part, conceive how any person can be said to acquire a property in another; is it by virtue of conquest? What are the rights of conquest? Some have dared to advance this monstrous principle, that the conqueror is absolute master of his conquest; that he may dispose of it as his property, and treat it as he pleases; but enough of those who reduce men to the state of transferable goods, or use them like beasts of burden; who deliver them up as the property or patrimony of another man. Let us argue on principles countenanced by reason and becoming humanity; the petitioners view the subject in a religious light, but I do not stand in need of religious motives to induce me to reprobate the traffic in human flesh; other considerations weigh with me to support the commitment of the memorial, and to support every constitutional measure likely to bring about its total abolition. Perhaps, in our legislative capacity, we can go no further than to impose a duty of ten dollars, but I do not know how far I might go, if I was one of the judges of the United States, and those people were to come before me and claim their emancipation; but I am sure I would go as far as I could.
Mr. Jackson (of Ga.) differed with the gentleman last up, and supposed the master had a qualified property in his slave; he said the contrary doctrine would go to the destruction of every species of personal service. The gentleman said he did not stand in need of religion to induce him to reprobate slavery, but if he is guided by that evidence, which the Christian system is founded upon, he will find that religion is not against it; he will see, from Genesis to Revelation, the current setting strong that way. There never was a government on the face of the earth, but what permitted slavery. The purest sons of freedom in the Grecian republics, the citizens of Athens and Lacedaemon all held slaves. On this principle the nations of Europe are associated; it is the basis of the feudal system. But suppose all this to have been wrong, let me ask the gentleman, if it is policy to bring forward a business at this moment, likely to light up a flame of civil discord, for the people of the Southern States will resist one tyranny as soon as another; the other parts of the continent may bear them down by force of arms, but they will never suffer themselves to be divested of their property without a struggle. The gentleman says, if he was a federal judge, he does not know to what length he would go in emancipating these people; but, I believe his judgment would be of short duration in Georgia; perhaps even the existence of such a judge might be in danger.
Mr. Sherman (of Conn.) could see no difficulty in committing the memorial; because it was probable the committee would understand their business, and perhaps they might bring in such a report as would be satisfactory to gentlemen on both sides of the House.
Mr. Baldwin (of Ga.) was sorry the subject had ever been brought before Congress, because it was a delicate nature, as it respected some of the States. Gentlemen who had been present at the formation of this Constitution, could not avoid the recollection of the pain and difficulty which the subject caused in that body; the members from the Southern States were so tender upon this point, that they had well nigh broken up without coming to any determination; however, from the extreme desire of preserving the Union, and obtaining an efficient government, they were induced mutually, to concede, and the Constitution jealously guarded what they agreed to. If gentlemen look over the footsteps of that body, they will find the greatest degree of caution used to imprint them, so as not to be easily eradicated; but the moment we go to jostle on that ground, said he, I fear we shall feel it tremble under our feet. Congress have no power to interfere with the importation of slaves, beyond what is given in the 9th section of the first article of the Constitution; every thing else is interdicted to them in the strongest terms. If we examine the Constitution, we shall find the expressions, relative to this subject, cautiously expressed, and more punctiliously guarded than any other part. “The migration or importation of such persons, shall not be prohibited by Congress.” But lest this should not have secured the object sufficiently, it is declared in the same section, “That no capitation or direct tax shall be laid, unless in proportion to the census;” this was intended to prevent Congress from laying any special tax upon negro slaves, as they might, in this way, so burthen the possessors of them, as to induce a general emancipation. If we go on to the 5th article, we shall find the 1st and 5th clauses of the 9th section of the 1st article restrained from being altered before the year 1808.
Gentlemen have said, that this petition does not pray for an abolition of the slave-trade; I think, sir, it prays for nothing else, and therefore we have no more to do with it, than if it prayed us to establish an order of nobility, or a national religion.
Mr. Sylvester of (N.Y.) said that he had always been in the habit of respecting the society called Quakers; he respected them for their exertions in the cause of humanity, but he thought the present was not a time to enter into a consideration of the subject, especially as he conceived it to be a business in the province of the State legislature.
Mr. Lawrance of (of N.Y.) observed that the subject would undoubtedly come under the consideration of the House; and he thought, that as it was now before them, that the present time was as proper as any; he was therefore for committing the memorial; and when the prayer of it had been properly examined, they could see how far congress may constitutionally interfere; as they knew the limits of their power on this, as well as on every other occasion, there was no just apprehension to be entertained that they would go beyond them.
Mr. Smith (of S.C.) insisted that it was not in the power of the House to grant the prayer of the petition, which went to the total abolishment of the slave trade, and it was therefore unnecessary to commit it. He observed, that in the Southern States, difficulties had arisen on adopting the Constitution, inasmuch as it was apprehended, that Congress might take measures under it for abolishing the slave-trade.
Perhaps the petitioners, when they applied to this house, did not think their object unconstitutional, but now they are told that it is, they will be satisfied with the answer, and press it no further. If their object had been for Congress to lay a duty of ten dollars per head on the importation of slaves, they would have said so, but that does not appear to have been the case; the commitment of the petition, on that ground, cannot be contended; if they will not be content with that, shall it be committed to investigate facts? The petition speaks of none; for what purpose then shall it be committed? If gentlemen can assign no good reason for the measure, they will not support it, when they are told that it will create great jealousies and alarm in the Southern States; for I can assure them, that there is no point on which they are more jealous and suspicious, than on a business with which they think the government has nothing to do.
When we entered into this Confederacy, we did it from political, not from moral motives, and I do not think my constituents want to learn morals from the petitioners; I do not believe they want improvement in their moral system; if they do, they can get it at home.
The gentleman from Georgia, has justly stated the jealousy of the Southern States. On entering into this government, they apprehended that the other States, not knowing the necessity the citizens of the Southern States were under to hold this species of property, would, from motives of humanity and benevolence, be led to vote for a general emancipation; and had they not seen that the Constitution provided against the effect of such a disposition, I may be bold to say, they never would have adopted it. And notwithstanding all the calmness with which some gentlemen have viewed the subject, they will find, that the discussion alone will create great alarm. We have been told, that if the discussion will create alarm, we ought to have avoided it, by saying nothing; but it was not for that purpose that we were sent here, we look upon this measure as an attack upon the palladium of the property of our country; it is therefore our duty to oppose it by every means in our power. Gentlemen should consider that when we entered into a political connexion with the other States, that this property was there; it was acquired under a former government, conformably to the laws and Constitution; therefore anything that will tend to deprive them of that property, must be an _ex post facto_ law, and as such is forbid by our political compact.
I said the States would never have entered into the confederation, unless their property had been guaranteed to them, for such is the state of agriculture in that country, that without slaves it must be depopulated. Why will these people then make use of arguments to induce the slave to turn his hand against his master? We labor under difficulties enough from the ravages of the late war. A gentleman can hardly come from that country, with a servant or two, either to this place or Philadelphia, but what there are persons trying to seduce his servants to leave him; and, when they have done this, the poor wretches are obliged to rob their master in order to obtain a subsistence; all those, therefore, who are concerned in this seduction, are accessaries to the robbery.
The reproaches which they cast upon the owners of negro property, is charging them with the want of humanity; I believe the proprietors are persons of as much humanity as any part of the continent and are as conspicuous for their good morals as their neighbors. It was said yesterday, that the Quakers were a society known to the laws, and the Constitution, but they are no more so than other religious societies; they stand exactly in the same situation; their memorial, therefore, relates to a matter in which they are no more interested than any other sect, and can only be considered as a piece of advice; it is customary to refer a piece of advice to a committee, but if it is supposed to pray for what they think a moral purpose, is that sufficient to induce us to commit it? What may appear a moral virtue in their eyes, may not be so in reality. I have heard of a sect of Shaking Quakers, who, I presume, suppose their tenets of a moral tendency; I am informed one of them forbids to intermarry, yet in consequence of their shakings and concussions, you may see them with a numerous offspring about them. Now, if these people were to petition Congress to pass a law prohibiting matrimony, I ask, would gentlemen agree to refer such a petition? I think if they would reject one of that nature, as improper, they ought also to reject this.
Mr. Page (of Va.) was in favor of the commitment; he hoped that the designs of the respectable memorialists would not be stopped at the threshold, in order to preclude a fair discussion of the prayer of the memorial. He observed that gentlemen had founded their arguments upon a misrepresentation; for the object of the memorial was not declared to be the total abolition of the slave trade: but that Congress would consider, whether it be not in reality within their power to exercise justice and mercy, which, if adhered to, they cannot doubt must produce the abolition of the slave trade. If then the prayer contained nothing unconstitutional, he trusted the meritorious effort would not be frustrated. With respect to the alarm that was apprehended, he conjectured there was none; but there might be just cause, if the memorial was not taken into consideration. He placed himself in the case of a slave, and said, that, on hearing that Congress had refused to listen to the decent suggestions of a respectable part of the community, he should infer, that the general government (from which was expected great good would result to every class of citizens) had shut their ears against the voice of humanity, and he should despair of any alleviation of the miseries he and his posterity had in prospect; if any thing could induce him to rebel, it must be a stroke like this, impressing on his mind all the horrors of despair. But if he was told, that application was made in his behalf, and that Congress were willing to hear what could be urged in favor of discouraging the practice of importing his fellow-wretches, he would trust in their justice and humanity, and wait the decision patiently. He presumed that these unfortunate people would reason in the same way; and he, therefore, conceived the most likely way to prevent danger, was to commit the petition. He lived in a State which had the misfortune of having in her bosom a great number of slaves, he held many of them himself, and was as much interested in the business, he believed, as any gentleman in South Carolina or Georgia, yet, if he was determined to hold them in eternal bondage, he should feel no uneasiness or alarm on account of the present measure, because he should rely upon the virtue of Congress, that they would not exercise any unconstitutional authority.
Mr. Madison (of Va.) The debate has taken a serious turn, and it will be owing to this alone if an alarm is created; for had the memorial been treated in the usual way, it would have been considered as a matter of course, and a report might have been made, so as to have given general satisfaction.
If there was the slightest tendency by the commitment to break in upon the constitution, he would object to it; but he did not see upon what ground such an event was to be apprehended. The petition prayed, in general terms, for the interference of congress, so far as they were constitutionally authorized; but even if its prayer was, in some degree, unconstitutional, it might be committed, as was the case on Mr. Churchman’s petition, one part of which was supposed to apply for an unconstitutional interference by the general government.
He admitted that congress was restricted by the constitution from taking measures to abolish the slave-trade; yet there were a variety of ways by which they could countenance the abolition, and they might make some regulations respecting the introduction of them into the new States, to be formed out of the Western Territory, different from what they could in the old settled States. He thought the object well worthy of consideration.
Mr. Gerry (of Mass.) thought the interference of congress fully compatible with the constitution, and could not help lamenting the miseries to which the tribes of Africa were exposed by this inhuman commerce; and said that he never contemplated the subject, without reflecting what his own feelings would be, in case himself, his children, or friends, were placed in the same deplorable circumstances. He then adverted to the flagrant acts of cruelty which are committed in carrying on that traffic; and asked whether it can be supposed, that congress has no power to prevent such transactions? He then referred to the constitution, and pointed out the restrictions laid on the general government respecting the importation of slaves. It was not, he presumed, in the contemplation of any gentleman in this house to violate that part of the constitution; but that we have a right to regulate this business, is as clear as that we have any rights whatever; nor has the contrary been shown by any person who has spoken on the occasion. Congress can, agreeable to the constitution, lay a duty of ten dollars on imported slaves; they may do this immediately. He made a calculation of the value of the slaves in the Southern States, and supposed they might be worth ten millions of dollars; congress have a right, if they see proper, to make a proposal to the Southern States to purchase the whole of them, and their resources in the Western Territory may furnish them with means. He did not intend to suggest a measure of this kind, he only instanced these particulars, to show that congress certainly have a right to intermeddle in the business. He thought that no objection had been offered, of any force, to prevent the commitment of the memorial.
Mr. Boudinot (of N.J.) had carefully examined the petition, and found nothing like what was complained of by gentlemen, contained in it; he, therefore, hoped they would withdraw their opposition, and suffer it to be committed.
Mr. Smith (of S.C.) said, that as the petitioners had particularly prayed congress to take measures for the annihilation of the slave trade, and that was admitted on all hands to be beyond their power, and as the petitioners would not be gratified by a tax of ten dollars per head, which was all that was within their power, there was, of consequence, no occasion for committing it.
Mr. Stone (of Md.) thought this memorial a thing of course; for there never was a society, of any considerable extent, which did not interfere with the concerns of other people, and this kind of interference, whenever it has happened, has never failed to deluge the country in blood: on this principle he was opposed to the commitment.
The question on the commitment being about to be put, the yeas and nays were called for, and are as follows:–
Yeas.–Messrs. Ames, Benson, Boudinot, Brown, Cadwallader, Clymer, Fitzsimons, Floyd, Foster, Gale, Gerry, Gilman, Goodhue, Griffin, Grout, Hartley, Hathorne, Heister, Huntington, Lawrence, Lee, Leonard, Livermore, Madison, Moore, Muhlenberg, Pale, Parker, Partridge, Renssellaer, Schureman, Scott, Sedgwick, Seney, Sherman, Sinnickson, Smith of Maryland, Sturges, Thatcher, Trumbull, Wadsworth, White, and Wynkoop–43.
Noes–Messrs. Baldwin, Bland, Bourke, Coles, Huger, Jackson, Mathews, Sylvester, Smith of S.C., Stone, and Tucker–11.
Whereupon it was determined in the affirmative; and on motion, the petition of the Society of Friends, at New York, and the memorial from the Pennsylvania Society, for the abolition of slavery, were also referred to a committee.–LLOYD’S DEBATES.
_Debate on Committee’s Report, March_, 1790.
ELIOT’S DEBATES.
Mr. Tucker moved to modify the first paragraph by striking out all the words after the word opinion, and to insert the following: that the several memorials proposed to the consideration of this house, a subject on which its interference would be unconstitutional, and even its deliberations highly injurious to some of the States in the Union.
Mr. Jackson rose and observed, that he had been silent on the subject of the reports coming before the committee, because he wished the principles of the resolutions to be examined fairly, and to be decided on their true grounds. He was against the propositions generally, and would examine the policy, the justice and the use of them, and he hoped, if he could make them appear in the same light to others as they did to him by fair argument, that the gentlemen in opposition were not so determined in their opinions as not to give up their present sentiments.
With respect to the policy of the measure, the situation of the slaves here, their situation in their native States, and the disposal of them in case of emancipation, should be considered. That slavery was an evil habit, he did not mean to controvert; but that habit was already established, and there were peculiar situations in countries which rendered that habit necessary. Such situations the States of South Carolina and Georgia were in–large tracts of the most fertile lands on the continent remained uncultivated for the want of population. It was frequently advanced on the floor of Congress, how unhealthy those climates were, and how impossible it was for northern constitutions to exist there. What, he asked, is to be done with this uncultivated territory? Is it to remain a waste? Is the rice trade to be banished from our coasts? Are congress willing to deprive themselves of the revenue arising from that trade, and which is daily increasing, and to throw this great advantage into the hands of other countries?
Let us examine the use or the benefit of the resolutions contained in the report. I call upon gentlemen to give me one single instance in which they can be of service. They are of no use to congress. The powers of that body are already defined, and those powers cannot be amended, confirmed or diminished by ten thousand resolutions. Is not that the guide and rule of this legislature. A multiplicity of laws is reprobated in any society, and tend but to confound and perplex. How strange would a law appear which was to confirm a law; and how much more strange must it appear for this body to pass resolutions to confirm the constitution under which they sit! This is the case with others of the resolutions.
A gentleman from Maryland (Mr. Stone) very properly observed, that the Union had received the different States with all their ill habits about them. This was one of these habits established long before the constitution, and could not now be remedied. He begged congress to reflect on the number on the continent who were opposed to this constitution, and on the number which yet remained in the Southern States. The violation of this compact they would seize on with avidity; they would make a handle of it to cover their designs against the government, and many good federalists, who would be injured by the measure, would be induced to join them: his heart was truly federal, and it had always been so, and he wished those designs frustrated. He begged congress to beware before they went too far: he called on them to attend to the interest of two whole States, as well as to the memorials of a society of quakers, who came forward to blow the trumpet of sedition, and to destroy that constitution which they had not in the least contributed by personal service or supply to establish.
He seconded Mr. Tucker’s motion.
Mr. Smith (of S.C.) said, the gentleman from Massachusetts, (Mr. Gerry,) had declared that it was the opinion of the select committee, of which he was a member, that the memorial of the Pennsylvania society, required congress to violate the constitution. It was not less astonishing to see Dr. Franklin taking the lead in a business which looks so much like a persecution of the Southern inhabitants, when he recollected the parable he had written some time ago, with a view of showing the immorality of one set of men persecuting others for a difference of opinion. The parable was to this effect: an old traveller, hungry and weary, applied to the patriarch Abraham for a night’s lodging. In conversation, Abraham discovered that the stranger differed with him on religious points, and turned him out of doors. In the night God appeared unto Abraham, and said, where is the stranger? Abraham answered, I found that he did not worship the true God, and so I turned him out of doors. The Almighty thus rebuked the patriarch: have I borne with him three-score and ten years, and couldst thou not bear with him one night? Has the Almighty, said Mr. Smith, borne with us for more than three-score years and ten: He has even made our country opulent, and shed the blessings of affluence and prosperity on our land, notwithstanding all its slaves, and must we now be ruined on account of the tender consciences of a few scrupulous individuals who differ from us on this point?
Mr. Boudinot agreed with the general doctrines of Mr. S., but could not agree that the clause in the constitution relating to the want of power in congress to prohibit the importation of such persons as any of the States, _now existing_, shall think proper to admit, prior to the year 1808, and authorizing a tax or duty on such importation not exceeding ten dollars for each person, did not extend to negro slaves. Candor required that he should acknowledge that this was the express design of the constitution, and therefore congress could not interfere in prohibiting the importation or promoting the emancipation of them, prior to that period. Mr. Boudinot observed, that he was well informed that the tax or duty of ten dollars was provided, instead of the five per cent. ad valorem, and was so expressly understood by all parties in the convention; that therefore it was the interest and duty of congress to impose this tax, or it would not be doing justice to the States, or equalizing the duties throughout the Union. If this was not done, merchants might bring their whole capitals into this branch of trade, and save paying any duties whatever. Mr. Boudinot observed, that the gentleman had overlooked the prophecy of St. Peter, where he foretells that among other damnable heresies, “Through covetousness shall they with feigned words make merchandize of you.”
[NOTE.–This petition, with others of a similar object, was committed to a select committee; that committee made a report; the report was referred to a committee of the whole house, and discussed on four successive days; it was then reported to the House with amendments, and by the House ordered to be inscribed in its Journals, and then laid on the table.
That report, as amended in committee, is in the following words: The committee to whom were referred sundry memorials from the people called Quakers, and also a memorial from the Pennsylvania Society for promoting the abolition of slavery, submit the following report, (as amended in committee of the whole.)
“First: That the migration or importation of such persons as any of the States now existing shall think proper to admit, cannot be prohibited by Congress prior to the year 1808.”
“Secondly: That Congress have no power to interfere in the emancipation of slaves, or in the treatment of them, within any of the States; it remaining with the several States alone to provide any regulations therein which humanity and true policy may require.”
“Thirdly: That Congress have authority to restrain the citizens of the United States from carrying on the African Slave trade, for the purpose of supplying foreigners with slaves, and of providing by proper regulations for the humane treatment, during their passage, of slaves imported by the said citizens into the states admitting such importations.”
“Fourthly: That Congress have also authority to prohibit foreigners from fitting out vessels in any part of the United States for transporting persons from Africa to any foreign port.”]
ADDRESS OF THE EXECUTIVE COMMITTEE OF THE AMERICAN ANTI-SLAVERY SOCIETY TO THE Friends of Freedom and Emancipation in the United States.
At the Tenth Anniversary of the American Anti-Slavery Society, held in the city of New York, May 7th, 1844,–after grave deliberation, and a long and earnest discussion,–it was decided, by a vote of nearly three to one of the members present, that fidelity to the cause of human freedom, hatred of oppression, sympathy for those who are held in chains and slavery in this republic, and allegiance to God, require that the existing national compact should be instantly dissolved; that secession from the government is a religious and political duty; that the motto inscribed on the banner of Freedom should be, NO UNION WITH SLAVEHOLDERS; that it is impracticable for tyrants and the enemies of tyranny to coalesce and legislate together for the preservation of human rights, or the promotion of the interests of Liberty; and that revolutionary ground should be occupied by all those who abhor the thought of doing evil that good may come, and who do not mean to compromise the principles of Justice and humanity.
A decision involving such momentous consequences, so well calculated to startle the public mind, so hostile to the established order of things, demands of us, as the official representatives of the American Society, a statement of the reasons which led to it. This is due not only to the Society, but also to the country and the world.
It is declared by the American people to be a self-evident truth, “that all men are created equal; that they are endowed BY THEIR CREATOR with certain inalienable rights; that among these are _life,_ LIBERTY, and the pursuit of happiness.” It is further maintained by them, that “all governments derive their just powers from the consent of the governed;” that “whenever any form of government becomes destructive of human rights, it is the right of the people to alter or to abolish it, and institute a new government, laying its foundation on such principles, and organizing its powers in such form as to them shall seem most likely to effect their safety and happiness.” These doctrines the patriots of 1776 sealed with their blood. They would not brook even the menace of oppression. They held that there should be no delay in resisting at whatever cost or peril, the first encroachments of power on their liberties. Appealing to the great Ruler of the universe for the rectitude of their course, they pledged to each other “their lives, their fortunes and their sacred honor,” to conquer or perish in their struggle to be free.
For the example which they set to all people subjected to a despotic sway, and the sacrifices which they made, their descendants cherish their memories with gratitude, reverence their virtues, honor their deeds, and glory in their triumphs.
It is not necessary, therefore, for us to prove that a state of slavery is incompatible with the dictates of reason and humanity; or that it is lawful to throw off a government which is at war with the sacred rights of mankind.
We regard this as indeed a solemn crisis, which requires of every man sobriety of thought, prophetic forecast, independent judgment, invincible determination, and a sound heart. A revolutionary step is one that should not be taken hastily, nor followed under the influence of impulsive imitation. To know what spirit they are of–whether they have counted the cost of the warfare–what are the principles they advocate–and how they are to achieve their object–is the first duty of revolutionists.
But, while circumspection and prudence are excellent qualities in every great emergency, they become the allies of tyranny whenever they restrain prompt, bold and decisive action against it.
We charge upon the present national compact, that it was formed at the expense of human liberty, by a profligate surrender of principle, and to this hour is cemented with human blood.
We charge upon the American Constitution, that it contains provisions, and enjoins duties, which make it unlawful for freemen to take the oath of allegiance to it, because they are expressly designed to favor a slaveholding oligarchy, and consequently, to make one portion of the people a prey to another.
We charge upon the existing national government, that it is an insupportable despotism, wielded by a power which is superior to all legal and constitutional restraints–equally indisposed and unable to protect the lives or liberties of the people–the prop and safeguard of American slavery.
These charges we proceed briefly to establish:
I. It is admitted by all men of intelligence,–or if it be denied in any quarter, the records of our national history settle the question beyond doubt,–that the American Union was effected by a guilty compromise between the free and slaveholding States; in other words, by immolating the colored population on the altar of slavery, by depriving the North of equal rights and privileges, and by incorporating the slave system into the government. In the expressive and pertinent language of scripture, it was “a covenant with death, and an agreement with hell”–null and void before God, from the first hour of its inception–the framers of which were recreant to duty, and the supporters of which are equally guilty.
It was pleaded at the time of the adoption, it is pleaded now, that, without such a compromise there could have been no union; that, without union, the colonies would have become an easy prey to the mother country; and, hence, that it was an act of necessity, deplorable indeed when viewed alone, but absolutely indispensable to the safety of the republic.
To this see reply: The plea is as profligate as the act was tyrannical. It is the jesuitical doctrine, that the end sanctifies the means. It is a confession of sin, but the denial of any guilt in its perpetration. It is at war with the government of God, and subversive of the foundations of morality. It is to make lies our refuge, and under falsehood to hide ourselves, so that we may escape the overflowing scourge. “Therefore, thus saith the Lord God, Judgment will I lay to the line, and righteousness to the plummet; and the hail shall sweep away the refuge of lies, and the waters shall overflow the hiding place.” Moreover, “because ye trust in oppression and perverseness, and stay thereon; therefore this iniquity shall be to you as a breach ready to fall, swelling out in a high wall, whose breaking cometh suddenly at an instant. And he shall break it as the breaking of the potter’s vessel that is broken in pieces; he shall not spare.”
This plea is sufficiently broad to cover all the oppression and villany that the sun has witnessed in his circuit, since God said, “Let there be light.” It assumes that to be practicable, which is impossible, namely, that there can be freedom with slavery, union with injustice, and safety with bloodguiltiness. A union of virtue with pollution is the triumph of licentiousness. A partnership between right and wrong, is wholly wrong. A compromise of the principles of Justice, is the deification of crime.
Better that the American Union had never been formed, than that it should have been obtained at such a frightful cost! If they were guilty who fashioned it, but who could not foresee all its frightful consequences, how much more guilty are they, who, in full view of all that has resulted from it, clamor for its perpetuity! If it was sinful at the commencement, to adopt it on the ground of escaping a greater evil, is it not equally sinful to swear to support it for the same reason, or until, in process of time, it be purged from its corruption?
The fact is, the compromise alluded to, instead of effecting a union, rendered it impracticable; unless by the term union are to understand the absolute reign of the slaveholding power over the whole country, to the prostration of Northern rights. In the just use of words, the American Union is and always has been a sham–an imposture. It is an instrument of oppression unsurpassed in the criminal history of the world. How then can it be innocently sustained? It is not certain, it is not even probable, that if it had not been adopted, the mother country would have reconquered the colonies. The spirit that would have chosen danger in preference to crime,–to perish with justice rather than live with dishonor,–to dare and suffer whatever might betide, rather than sacrifice the rights of one human being,–could never have been subjugated by any mortal power. Surely it is paying a poor tribute to the valor and devotion of our revolutionary fathers in the cause of liberty, to say that, if they had sternly refused to sacrifice their principles, they would have fallen an easy prey to the despotic power of England.
II. The American Constitution is the exponent of the national compact. We affirm that it is an instrument which no man can innocently bind himself to support, because its anti-republican and anti-christian requirements are explicit and peremptory; at least, so explicit that, in regard to all the clauses pertaining to slavery, they have been uniformly understood and enforced in the same way, by all the courts and by all the people; and so peremptory, that no individual interpretation or authority can set them aside with impunity. It is not a ball of clay, to be moulded into any shape that party contrivance or caprice may choose it to assume. It is not a form of words, to be interpreted in any manner, or to any extent, or for the accomplishment of any purpose, that individuals in office under it may determine. _It means precisely what those who framed and adopted it meant_–NOTHING MORE, NOTHING LESS, _as a matter of bargain and compromise_. Even if it can be construed to mean something else, without violence to its language, such construction is not to be tolerated _against the wishes of either party_. No just or honest use of it can be made, in opposition to the plain intention of its framers, _except to declare the contract at an end, and to refuse to serve under it_.
To the argument, that the words “slaves” and “slavery” are not to be found in the Constitution, and therefore that it was never intended to give any protection or countenance to the slave system, it is sufficient to reply, that though no such words are contained in that instrument, other words were used, intelligently and specifically, TO MEET THE NECESSITIES OF SLAVERY; and that these were adopted _in good faith, to be observed until a constitutional change could be effected_. On this point, as to the design of certain provisions, no intelligent man can honestly entertain a doubt. If it be objected, that though these provisions were meant to cover slavery, yet, as they can fairly be interpreted to mean something exactly the reverse, it is allowable to give to them such an interpretation, _especially as the cause of freedom will thereby be promoted_–we reply, that this is to advocate fraud and violence toward one of the contracting parties, _whose co-operation was secured only by an express agreement and understanding between them both, in regard to the clauses alluded to_; and that such a construction, if enforced by pains and penalties, would unquestionably lead to a civil war, in which the aggrieved party would justly claim to have been betrayed, and robbed of their constitutional rights.
Again, if it be said, that those clauses, being immoral, are null and void–we reply, it is true they are not to be observed; but it is also true that they are portions of an instrument, the support of which, AS A WHOLE, is required by oath or affirmation; and, therefore, _because they are immoral_, and BECAUSE OF THIS OBLIGATION TO ENFORCE IMMORALITY, no one can innocently swear to support the Constitution.
Again, if it be objected, that the Constitution was formed by the people of the United States, in order to establish justice, to promote the general welfare, and secure the blessings of liberty to themselves and their posterity; and therefore, it is to be so construed as to harmonize with these objects; we reply, again, that its language is _not to be interpreted in a sense which neither of the contracting parties understood_, and which would frustrate every design of their alliance–to wit, _union at the expense of the colored population of the country_. Moreover, nothing is more certain than that the preamble alluded to never included, in the minds of those who framed it, _those who were then pining in bondage_–for, in that case, a general emancipation of the slaves would have instantly been proclaimed throughout the United States. The words, “secure the blessings of liberty to ourselves and our posterity,” assuredly meant only the white population. “To promote the general welfare,” referred to their own welfare exclusively. “To establish justice,” was understood to be for their sole benefit as slaveholders, and the guilty abettors of slavery. This is demonstrated by other parts of the same instrument, and by their own practice under it.
We would not detract aught from what is justly their due; but it is as reprehensible to give them credit for _what they did not possess_, as it is to rob them of what is theirs. It is absurd, it is false, it is an insult to the common sense of mankind, to pretend that the Constitution was intended to embrace the entire population of the country under its sheltering wings; or that the parties to it were actuated by a sense of justice and the spirit of impartial liberty; or that it needs no alteration, but only a new interpretation, to make it harmonize with the object aimed at by its adoption. As truly might it be argued, that because it is asserted in the Declaration of Independence, that all men are created equal and endowed with an inalienable right to liberty, therefore none of its signers were slaveholders, and since its adoption, slavery has been banished from the American soil! The truth is, our fathers were intent on securing liberty _to themselves_, without being very scrupulous as to the means they used to accomplish their purpose. They were not actuated by the spirit of universal philanthropy; and though in _words_ they recognized occasionally the brotherhood of the human race, _in practice_ they continually denied it. They did not blush to enslave a portion of their fellow-men, and to buy and sell them as cattle in the market, while they were fighting against the oppression of the mother country, and boasting of their regard for the rights of man. Why, then, concede to them virtues which they did not posses? _Why cling to the falsehood, that they were no respecters of person in the formation of the government_?
Alas! that they had no more fear of God, no more regard for man, in their hearts! “The iniquity of the house of Israel and Judah [The North and South] is exceeding great, and the land is full of blood, and the city full of perverseness; for they say, the Lord hath forsaken the earth, and the Lord seeth not.”
We proceed to a critical examination of the American Constitution, in its relations to slavery.
In ARTICLE I, Section 9, it is declared–“The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress, prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.”
In this Section, it will be perceived, the phraseology is so guarded as not to imply, _ex necessitate_, any criminal intent or inhuman arrangement; and yet no one has ever had the hardihood or folly to deny, that it was clearly understood by the contracting parties, to mean that there should be no interference with the African slave trade, on the part of the general government, until the year 1808. For twenty years after the adoption of the Constitution, the citizens of the United States were to be encouraged and protected in the prosecution of that infernal traffic–in sacking and burning the hamlets of Africa–in slaughtering multitudes of the inoffensive natives on the soil, kidnapping and enslaving a still greater proportion, crowding them to suffocation in the holds of the slave ships, populating the Atlantic with their dead bodies, and subjecting the wretched survivors to all the horrors of unmitigated bondage! This awful covenant was strictly fulfilled; and though, since its termination, Congress has declared the foreign slave traffic to be piracy, yet all Christendom knows that the American flag, instead of being the terror of the African slavers, has given them the most ample protection.
The manner in which the 9th Section was agreed to, by the national convention that formed the constitution, is thus frankly avowed by the Hon. Luther Martin,[8] who was a prominent member of that body:
[Footnote 8: Speech before the Legislature of Maryland in 1787.]
“The Eastern States, notwithstanding their aversion of slavery, (!) were _very willing to indulge the Southern States_ at least with a temporary liberty to prosecute the slave trade, provided the Southern States would, in their turn, _gratify_ them by laying no restriction on navigation acts; and, after a very little time, the committee, by a great majority, agreed on a report, _by which the general government was to be prohibited from preventing the importation of slaves_ for a limited time; and the restrictive clause relative to navigation acts was to be omitted.”
Behold the iniquity of this agreement! how sordid were the motives which led to it! what a profligate disregard of justice and humanity, on the part of those who had solemnly declared the inalienable right of all men to be free and equal, to be a self-evident truth!
It is due to the national convention to say, that this section was not adopted “without considerable opposition.” Alluding to it, Mr. Martin observes–
“It was said we had just assumed a place among the independent nations in consequence of our opposition to the attempts of Great Britain to _enslave us_; that this opposition was grounded upon the preservation of those rights to which God and nature has entitled us, not in _particular_, but in _common with all the rest of mankind_; that we had appealed to the Supreme Being for his assistance, as the God of freedom, who could not but approve our efforts to preserve the rights which he had thus imparted to his creatures; that now, when we had scarcely risen from our knees, from supplicating his mercy and protection in forming our government over a free people, a government formed pretendedly on the principles of liberty, and for its preservation,–in that government to have a provision, not only of putting out of its power to restrain and prevent the slave trade, even encouraging that most infamous traffic, by giving the States the power and influence in the Union in proportion as they cruelly and wantonly sported with the rights of their fellow-creatures, ought to be considered as a solemn mockery of, and insult to, that God whose protection we had thus implored, and could not fail to hold us up in detestation, and render us contemptible to every true friend of liberty in the world. It was said that national crimes can only be, and frequently are, punished in this world by _national punishments_, and that the continuance of the slave trade, and thus giving it a national character, sanction, and encouragement, ought to be considered as justly exposing us to the displeasure and vengeance of him who is equally the Lord of all, and who views with equal eye the poor _African slave_ and his _American master!_ [9]
[Footnote 9: How terribly and justly as the guilty nation been scourged, since these words were spoken, on account of slavery and the slave trade!]
“It was urged that, by this system, we were giving the general government full and absolute power to regulate commerce, under which general power it would have a right to restrain, or totally prohibit, the slave trade: it must, therefore, appear to the world absurd and disgraceful to the last degree that we should except from the exercise of that power the only branch of commerce which is unjustifiable in its nature, and contrary to the rights of mankind. That, on the contrary, we ought to prohibit expressly, in our Constitution, the further importation of slaves, and to authorize the general government, from time to time, to make such regulations as should be thought most advantageous for the gradual abolition of slavery, and the emancipation of the slaves already in the States. That slavery is inconsistent with the genius of republicanism, and has a tendency to destroy those principles on which it is supported, as it lessens the sense of the equal rights of mankind, and habituates to tyranny and oppression. It was further urged that, by this system of government, every State is to be protected both from foreign invasion and from domestic insurrections; and, from this consideration, it was of the utmost importance it should have the power to restrain the importation of slaves, since in proportion as the number of slaves increased in any State, in the same proportion is the State weakened and exposed to foreign invasion and domestic insurrection; and by so much less will it be able to protect itself against either, and therefore by so much, want aid and be a burden to, the Union.
“It was further said, that, in this system, as we were giving the general government power, under the idea of national character, or national interest, to regulate even our weights and measures, and have prohibited all possibility of emitting paper money, and passing insolvent laws, &c., it must appear still more extraordinary that we prohibited the government from interfering with the slave trade, than which nothing could more effect our national honor and interest.
“These reasons influenced me, both in the committee and in the convention, most decidedly to oppose and vote against the clause, as it now makes part of the system.” [10]
[Footnote 10: Secret Proceedings, p. 61.]
Happy had it been for this nation, had these solemn considerations been heeded by the framers of the Constitution! But for the sake of securing some local advantages, they choose to do evil that good may come, and to make the end sanctify the means. They were willing to enslave others, that they might secure their own freedom. They did this deed deliberately, with their eyes open, with all the facts and consequences arising therefrom before them, in violation of all their heaven-attested declarations, and in atheistical distrust of the overruling power of God. “The Eastern States were very willing to _indulge_ the Southern States” in the unrestricted prosecution of their piratical traffic, provided in return they could be _gratified_ by no restriction on being laid on navigation acts!!–Had there been no other provision of the Constitution justly liable to objection, this one alone rendered the support of that instrument incompatible with the duties which men owe to their Creator, and to each other. It was the poisonous infusion in the cup, which, though constituting but a very slight portion of its contents, perilled the life of every one who partook of it.
If it be asked to what purpose are these animadversions, since the clause alluded to has long since expired by its own limitation–we answer, that, if at any time the foreign slave trade could be _constitutionally_ prosecuted, it may yet be renewed, under the Constitution, at the pleasure of Congress, whose prohibitory statute is liable to be reversed at any moment, in the frenzy of Southern opposition to emancipation. It is ignorantly supposed that the bargain was, that the traffic _should cease_ in 1808; but the only thing secured by it was, the _right_ of Congress (not any obligation) to prohibit it at that period. If, therefore, Congress had not chosen to exercise that right, _the traffic might have been prolonged indefinitely, under the Constitution_. The right to destroy any particular branch of commerce, implies the right to re-establish it. True, there is no probability that the African slave trade will ever again be legalized by the national government; but no credit is due the framers of the Constitution on this ground; for, while they threw around it all the sanction and protection of the national character and power for twenty years, _they set no bounds to its continuance by any positive constitutional prohibition_.
Again, the adoption of such a clause, and the faithful execution of it, prove what was meant by the words of the preamble–“to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity”–namely, that the parties to the Constitution regarded only their own rights and interests, and never intended that its language should be so interpreted as to interfere with slavery, or to make it unlawful for one portion of the people to enslave another, _without an express alteration in the instrument, in the manner therein set forth_. While, therefore, the Constitution remains as it was originally adopted, they who swear to support it are bound to comply with all its provisions, as a matter of allegiance. For it avails nothing to say, that some of those provisions are at war with the law of God and the rights of man, and therefore are not obligatory. Whatever may be their character, they are _constitutionally_, obligatory; and whoever feels that he cannot execute them, or swear to execute them, without committing sin, has no other choice left than to withdraw from the government, or to violate his conscience by taking on his lips an impious promise. The object of the Constitution is not to define _what is the law of God_, but WHAT IS THE WILL OF THE PEOPLE–which will is not to be frustrated by an ingenious moral interpretation, by those whom they have elected to serve them.
ARTICLE 1, Sect. 2, provides–“Representatives and direct taxes shall be apportioned among the several States, which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, _three-fifths of all other persons_.”
Here, as in the clause we have already examined, veiled beneath a form of words as deceitful as it is unmeaning in a truly democratic government, is a provision for the safety, perpetuity and augmentation of the slaveholding power–a provision scarcely less atrocious than that which related to the African slave trade, and almost as afflictive in its operation–a provision still in force, with no possibility of its alteration, so long as a majority of the slave States choose to maintain their slave system–a provision which, at the present time, enables the South to have twenty-five additional representatives in Congress on the score of _property_, while the North is not allowed to have one–a provision which concedes to the oppressed three-fifths of the political power which is granted to all others, and then puts this power into the hands of their oppressors, to be wielded by them for the more perfect security of their tyrannous authority, and the complete subjugation of the non-slaveholding States.
Referring to this atrocious bargain, ALEXANDER HAMILTON remarked in the New York Convention–
“The first thing objected to, is that clause which allows a representation for three-fifths of the negroes. Much has been said of the impropriety of representing men who have no will of their own: whether this is _reasoning_, or _declamation_, (!!) I will not presume to say. It is the _unfortunate_ situation of the Southern States to have a great part of their population, as well as _property_, in blacks. The regulation complained of was one result of _the spirit of accommodation_ which governed the Convention: and without this _indulgence_, NO UNION COULD POSSIBLY HAVE BEEN FORMED. But, sir, considering some _peculiar advantages_ which we derive from them, it is entirely JUST that they should be _gratified_.–The Southern States possess certain staples, tobacco, rice, indigo, &c.–which must be _capital_ objects in treaties of commerce with foreign nations; and the advantage which they necessarily procure in these treaties will be felt throughout the United states.”
If such was the patriotism, such the love of liberty, such the morality of ALEXANDER HAMILTON, what can be said of the character of those who were far less conspicuous than himself in securing American independence, and in framing the American Constitution?
Listen, now, to the questions of JOHN QUINCY ADAMS, respecting the constitutional clause now under consideration:–
“‘In outward show, it is a representation of persons in bondage; in fact, it is a representation of their masters,–the oppressor representing the oppressed.’–‘Is it in the compass of human imagination to devise a more perfect exemplification of the art of committing the lamb to the tender custody of the wolf?’–‘The representative is thus constituted, not the friend, agent and trustee of the person whom he represents, but the most inveterate of his foes.’–‘It was _one_ of the curses from that Pandora’s box, adjusted at the time, as usual, by a _compromise_, the whole advantage of which inured to the benefit of the South, and to aggravate the burdens of the North.’–‘If there be a parallel to it in human history, it can only be that of the Roman Emperors, who, from the days when Julius Caesar substituted a military despotism in the place of a republic, among the offices which they always concentrated upon themselves, was that of tribune of the people. A Roman Emperor tribune of the people, is an exact parallel to that feature in the Constitution of the United States which makes the master the representative of his slave.’–‘The Constitution of the United States expressly prescribes that no title of nobility shall be granted by the United States. The spirit of this interdict is not a rooted antipathy to the grant of mere powerless empty _titles_, but to titles of _nobility_; to the institution of privileged orders of men. But what order of men under the most absolute of monarchies, or the most aristocratic of republics, was ever invested with such an odious and unjust privilege as that of the separate and exclusive representation of less than half a million owners of slaves, in the Hall of this House, in the Chair of the Senate, and in the Presidential mansion?’–‘This investment of power in the owners of one species of property concentrated in the highest authorities of the nation, and disseminated through thirteen of the twenty-six States of the Union, constitutes a privileged order of men in the community, more adverse to the rights of all, and more pernicious to the interests of the whole, than any order of nobility ever known. To call government thus constituted a democracy, is to insult the understanding of mankind. To call it an aristocracy, is to do injustice to that form of government. Aristocracy is the government of _the best_. Its standard qualification for accession to power _is merit_, ascertained by popular election recurring at short intervals of time. If even that government is prone to degenerate into tyranny, what must be the character of that form of polity in which the standard qualification for access to power is wealth in the possession of slaves? It is doubly tainted with the infection of riches and of slavery. _There is no name in the language of national jurisprudence that can define it_–no model in the records of ancient history, or in the political theories of Aristotle, with which it can be likened. It was introduced into the Constitution of the United States by an equivocation–a representation of property under the name of persons. Little did the members of the Convention from the free States foresee what a sacrifice to Moloch was hidden under the mask of this concession.’–‘The House of Representatives of the United States consists of 223 members–all, by _the letter_ of the Constitution, representatives only of _persons_, as 135 of them really are; but the other 88, equally representing the _persons_ of their constituents, by whom they are elected, also represent, under the name of _other persons_, upwards of two and a half millions of _slaves_, held as the _property_ of less than half a million of the white constituents, and valued at twelve hundred millions of dollars. Each of these 88 members represents in fact the whole of that mass of associated wealth, and the persons and exclusive interests of its owners; all thus knit together, like the members of a moneyed corporation, with a capital not of thirty-five or forty or fifty, but of twelve hundred millions of dollars, exhibiting the most extraordinary exemplification of the anti-republican tendencies of associated wealth that the world ever saw.’–‘Here is one class of men, consisting of not more than one fortieth part of the whole people, not more than one-thirtieth part of the free population, exclusively devoted to their personal interests identified with their own as slaveholders of the same associated wealth, and wielding by their votes, upon every question of government or of public policy, two-fifths of the whole power of the House. In the Senate of the Union, the proportion of the slaveholding power is yet greater. By the influence of slavery, in the States where the institution is tolerated, over their elections, no other than a slaveholder can rise to the distinction of obtaining a seat in the Senate; and thus, of the 52 members of the federal Senate, 26 are owners of slaves, and as effectively representatives of that interest as the 88 members elected by them to the House.’–‘By this process it is that all political power in the States is absorbed and engrossed by the owners of _slaves_, and the overruling policy of the States is shaped to strengthen and consolidate their domination. The legislative, executive, and judicial authorities are all in their hands–the preservation, propagation, and perpetuation of the black code of slavery–every law of the legislature becomes a link in the chain of the slave; every executive act a rivet to his hapless fate; every judicial decision a perversion of the human intellect to the justification of _wrong._’–‘Its reciprocal operation upon the government of the nation is, to establish an artificial majority in the slave representation over that of the free people, in the American Congress, and thereby to make the PRESERVATION, PROPAGATION, AND PERPETUATION OF SLAVERY THE VITAL AND ANIMATING SPIRIT OF THE NATIONAL GOVERNMENT.’–‘The result is seen in the fact that, at this day, the President of the United States, the President of the Senate, the Speaker of the House of Representatives, and five out of nine of the Judges of the Supreme Judicial Courts of the United States, are not only citizens of slaveholding States, but individual slaveholders themselves. So are, and constantly have been, with scarcely an exception, all the members of both Houses of Congress from the slaveholding States; and so are, in immensely disproportionate numbers, the commanding officers of the army and navy; the officers of the customs; the registers and receivers of the land offices, and the post-masters throughout the slaveholding States.–The Biennial Register indicates the birth-place of all the officers employed in the government of the Union. If it were required to designate the owners of this species of property among them, it would be little more than a catalogue of slaveholders.'”
It is confessed by Mr. Adams, alluding to the national convention that framed the Constitution, that “the delegation from the free States, in their extreme anxiety to conciliate the ascendency of the Southern slaveholder, did listen to _a compromise between right and wrong–between freedom and slavery_; of the ultimate fruits of which they had no conception, but which already even now is urging the Union to its inevitable ruin and dissolution, by a civil, servile, foreign, and Indian war, all combined in one; a war, the essential issue of which will be between freedom and slavery, and in which the unhallowed standard of slavery will be the desecrated banner of the North American Union–that banner, first unfurled to the breeze, inscribed with the self-evident truths of the Declaration of Independence.”
Hence to swear to support the Constitution of the United States, _as it is_, is to make “a compromise between right and wrong,” and to wage war against human liberty. It is to recognize and honor as republican legislators, _incorrigible men-stealers_, MERCILESS TYRANTS, BLOOD THIRSTY ASSASSINS, who legislate with deadly weapons about their persons, such as pistols, daggers, and bowie-knives, with which they threaten to murder any Northern senator or representative who shall dare to stain their _honor_, or interfere with their _rights_! They constitute a banditti more fierce and cruel than any whose atrocities are recorded on the pages of history or romance. To mix with them on terms of social or religious fellowship, is to indicate a low state of virtue; but to think of administering a free government by their co-operation, is nothing short of insanity.
Article IV., Section 2, declares,–“no person held to service or labor on one State, _under the laws thereof_, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such service or labor may be due.”
Here is a third clause, which, like the other two, makes no mention of slavery or slaves, in express terms; and yet, like them, was intelligently framed and mutually understood by the parties to the ratification, and intended both to protect the slave system and to restore runaway slaves. It alone makes slavery a national institution, a national crime, and all the people who are not enslaved, the body-guard over those whose liberties have been cloven down. This agreement, too, has been fulfilled to the letter by the North.
Under the Mosaic dispensation it was imperatively commanded,–“Thou shalt not deliver unto his master the servant which is escaped from his master unto thee: he shall dwell with thee, even among you, in that place which he shall choose in one of thy gates, where it liketh him best: thou shalt not oppress him.” The warning which the prophet Isaiah gave to oppressing Moab was of a similar kind: “Take counsel, execute judgment; make thy shadow as the night in the midst of the noon-day; hide the outcasts; bewray not him that wandereth. Let mine outcasts dwell with thee, Moab; be thou a covert to them from the face of the spoiler.” The prophet Obadiah brings the following charge against treacherous Edom, which is precisely applicable to this guilty nation:–“For thy violence against thy brother Jacob, shame shall come over thee, and thou shalt be cut off for ever. In the day that thou stoodest on the other side, in the day that the strangers carried away captive his forces, and foreigners entered into his gates, and cast lots upon Jerusalem, _even thou wast as one of them_. But thou shouldst not have looked on the day of thy brother, in the day that he became a stranger; neither shouldst thou have rejoiced over the children of Judah, in the day of their destruction; neither shouldst thou have spoken proudly in the day of distress; neither shouldst thou have _stood in the cross-way, to cut off those of his that did escape_; neither shouldst thou have _delivered up those of his that did remain_, in the day of distress.”
How exactly descriptive of this boasted republic is the impeachment of Edom by the same prophet! “The pride of thy heart hath deceived thee, thou whose habitation is high; that saith in thy heart, Who shall bring me down to the ground? Though thou exalt thyself as the eagle, and though thou set thy nest among the stars, thence will I bring thee down, saith the Lord.” The emblem of American pride and power is the _eagle_, and on her banner she has mingled _stars_ with its _stripes_. Her vanity, her treachery, her oppression, her self-exaltation, and her defiance of the Almighty, far surpass the madness and wickedness of Edom. What shall be her punishment? Truly, it may be affirmed of the American people, (who live not under the Levitical but Christian code, and whose guilt, therefore, is the more awful, and their condemnation the greater,) in the language of another prophet–“They all lie in wait for blood; they hunt every man his brother with a net. That they may do evil with both hands earnestly, the prince asketh, and the judge asketh for a reward; and the great man, he uttereth his mischievous desire: _so they wrap it up_.” Likewise of the colored inhabitants of this land it may be said,–“This is a people robbed and spoiled; they are all of them snared in holes, and they are hid in prison-houses; they are for a prey, and none delivereth; for a spoil, and none saith, Restore.”
By this stipulation, the Northern States are made the hunting ground of slave-catchers, who may pursue their victims with bloodhounds, and capture them with impunity wherever they can lay their robber hands upon them. At least twelve or fifteen thousand runaway slaves are now in Canada, exiled from their native land, because they could not find, throughout its vast extent, a single road on which they could dwell in safety, in _consequence of this provision of the Constitution_? How is it possible, then, for the advocates of liberty to support a government which gives over to destruction one-sixth part of the whole population?
It is denied by some at the present day, that the clause which has been cited, was intended to apply to runaway slaves. This indicates either ignorance, or folly or something worse. JAMES MADISON, as one of the framers of the Constitution, is of some authority on this point. Alluding to that instrument, in the Virginia convention, he said:–
“Another clause _secures us that property which we now possess_. At present, if any slave elopes to those States where slaves are free, _he becomes emancipated by their laws_; for the laws of the States are _uncharitable_ (!) to one another in this respect; but in this constitution, ‘No person held to service or labor in one State, under the laws thereof, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.’ THIS CLAUSE WAS EXPRESSLY INSERTED TO ENABLE THE OWNERS OF SLAVES TO RECLAIM THEM. _This is a better security than any that now exists_. No power is given to the general government to interfere with respect to the property in slaves now held by the States.”
In the same convention, alluding to the same clause, GOV. RANDOLPH said:–
“Every one knows that slaves are held to service or labor. And, when authority is given to owners of slaves _to vindicate their property_, can it be supposed they can be deprived of it? If a citizen of this State, in consequence of this clause, can take his runaway slave in Maryland, can it be seriously thought that, after taking him and bringing him home, he could be made free?”
It is objected, that slaves are held as property, and therefore, as the clause refers to persons, it cannot mean slaves. But this is criticism against fact. Slaves are recognized not merely as property, but also as persons–as having a mixed character–as combining the human with the brutal. This is paradoxical, we admit; but slavery is a paradox–the American Constitution is a paradox–the American Union is a paradox–the American Government is a paradox; and if any one of these is to be repudiated on that ground, they all are. That it is the duty of the friends of freedom to deny the binding authority of them all, and to secede from them all, we distinctly affirm. After the independence of this country had been achieved, the voice of God exhorted the people, saying, “Execute true judgment, and show mercy and compassion, every man to his brother: and oppress not the widow, nor the fatherless, the stranger, nor the poor; and let none of you imagine evil against his brother in your heart. But they refused to hearken, and pulled away the shoulder, and stopped their ears, that they should not hear; yea, they made their hearts as an adamant stone.” “Shall I not visit for these things? saith the Lord. Shall not my soul be avenged on such a notion as this?”
Whatever doubt may have rested on any honest mind, respecting the meaning of the clause in relation to persons held to service or labor, must have been removed by the unanimous decision of the Supreme Court of the United States, in the case of Prigg versus The State of Pennsylvania. By that decision, any Southern slave-catcher is empowered to seize and convey to the South, without hindrance or molestation on the part of the State, and without any legal process duly obtained and served, any person or persons, irrespective of caste or complexion, whom he may choose to claim as runaway slaves; and if, when thus surprised and attacked, or on their arrival South, they cannot prove by legal witnesses, that they are freemen, their doom is sealed! Hence the free colored population of the North are specially liable to become the victims of this terrible power, and all the other inhabitants are at the mercy of prowling kidnappers, because there are multitudes of white as well as black slaves on Southern plantations, and slavery is no longer fastidious with regard to the color of its prey.
As soon as that appalling decision of the Supreme Court was enunciated, in the name of the Constitution, the people of the North should have risen _en masse_, if for no other cause, and declared the Union at an end; and they would have done so, if they had not lost their manhood, and their reverence for justice and liberty.
In the 4th Sect. of Art. IV., the United States guarantee to protect every State in the Union “against _domestic violence_.” By the 8th Section of Article I., congress is empowered “to provide for calling forth the militia to execute the laws of the Union, _suppress insurrections_, and repel invasions.” These provisions, however strictly they may apply to cases of disturbance among the white population, were adopted with special reference to the slave population, for the purpose of keeping them in their chains by the combined military force of the country; and were these repealed, and the South left to manage her slaves as best she could, a servile insurrection would ere long be the consequence, as general as it would unquestionably be successful. Says Mr. Madison, respecting these clauses:–
“On application of the legislature or executive, as the case may be, the militia of the other States are to be called to suppress domestic insurrections. Does this bar the States from calling forth their own militia? No; but it gives them a _supplementary_ security to suppress insurrections and domestic violence.”
The answer to Patrick Henry’s objection, as urged against the constitution in the Virginia convention, that there was no power left to the _States_ to quell an insurrection of slaves, as it was wholly vested in congress, George Nicholas asked:–
“Have they it now? If they have, does the constitution take it away? If it does, it must be in one of those clauses which have been mentioned by the worthy member. The first part gives the general government power to call them out when necessary. Does this take it away from the States? No! but _it gives an additional security;_ for, beside the power in the State government to use their own militia, it will be _the duty of the general government_ to aid them WITH THE STRENGTH OF THE UNION, when called for.”
This solemn guaranty of security to the slave system, caps the climax of national barbarity, and stains with human blood the garments of all the people. In consequence of it, that system has multiplied its victims from five hundred thousand to nearly three millions–a vast amount of territory has been purchased, in order to give it extension and perpetuity–several new slave States have been admitted into the Union–the slave trade has been made one of the great branches of American commerce–the slave population, though over-worked, starved, lacerated, branded, maimed, and subjected to every form of deprivation and every species of torture, have been overawed and crushed,–or, whenever they have attempted to gain their liberty by revolt, they have been shot down and quelled by the strong arm of the national government; as, for example, in the case of Nat Turner’s insurrection in Virginia, when the naval and military forces of the government were called into active service. Cuban bloodhounds have been purchased with the money of the people, and imported and used to hunt slave fugitives among the everglades of Florida. A merciless warfare has been waged for the extermination or expulsion of the Florida Indians, because they gave succor to those poor hunted fugitives–a warfare which has cost the nation several thousand lives, and forty millions of dollars. But the catalogue of enormities is too long to be recapitulated in the present address.
We have thus demonstrated that the compact between the North and the South embraces every variety of wrong and outrage,–is at war with God and man, cannot be innocently supported, and deserves to be immediately annulled. In behalf of the Society which we represent, we call upon all our fellow-citizens, who believe it is right to obey God rather than man, to declare themselves peaceful revolutionists, and to unite with us under the stainless banner of Liberty, having for its motto–“EQUAL RIGHTS FOR ALL–NO UNION WITH SLAVEHOLDERS!”
It is pleaded that the Constitution provides for its own amendment; and we ought to use the elective franchise to effect this object. True, there is such a proviso; but, until the amendment be made, that instrument is binding as it stands. Is it not to violate every moral instinct, and to sacrifice principle to expediency, to argue that we may swear to steal, oppress and murder by wholesale, because it may be necessary to do so only for the time being, and because there is some remote probability that the instrument which requires that we should be robbers, oppressors and murderers, may at some future day be amended in these particulars? Let us not palter with our consciences in this manner–let us not deny that the compact was conceived in sin and brought forth in iniquity–let us not be so dishonest, even to promote a good object, as to interpret the Constitution in a manner utterly at variance with the intentions and arrangements of the contracting parties; but, confessing the guilt of the nation, acknowledging the dreadful specifications in the bond, washing our hands in the waters of repentance from all further participation in this criminal alliance, and resolving that we will sustain none other than a free and righteous government, let us glory in the name of revolutionists, unfurl the banner of disunion, and consecrate our talents and means to the overthrow of all that is tyrannical in the land,–to the establishment of all that is free, just, true and holy,–to the triumph of universal love and peace.
If, in utter disregard of the historical facts which have been cited, it is still asserted, that the Constitution needs no amendment to make it a free instrument, adapted to all the exigencies of a free people, and was never intended to give any strength or countenance to the slave system–the indignant spirit of insulted Liberty replies:–“What though the assertion be true? Of what avail is a mere piece of parchment? In itself, though it be written all over with words of truth and freedom–though its provisions be as impartial and just as words can express, or the imagination paint–though it be as pure as the gospel, and breathe only the spirit of Heaven–it is powerless; it has no executive vitality; it is a lifeless corpse, even though beautiful in death. I am famishing for lack of bread! How is my appetite relieved by holding up to my gaze a painted loaf? I am manacled, wounded, bleeding, dying! What consolation is it to know, that they who are seeking to destroy my life, profess in words to be my friends?” If the liberties of the people have been betrayed–if judgement is turned away backward and justice standeth afar off, and truth has fallen in the streets, and equality cannot enter–if the princes of the land are roaring lions, the judges evening wolves, the people light and treacherous persons, the priests covered with pollution–if we are living under a frightened despotism, which scoffs at all constitutional restrains, and wields the resources of the nation to promote its own bloody purposes–tell us not that the forms of freedom are still left to us! “Would such tameness and submission have freighted the May-Flower for Plymouth Rock? Would it have resisted the Stamp Act, the Tea Tax, or any of those entering wedges of tyranny with which the British government sought to rive the liberties of America? The wheel of the Revolution would have rusted on its axle, if a spirit so weak had been the only power to give it motion. Did our fathers say, when their rights and liberties were infringed–“_Why, what is done cannot be undone_. That is the first thought.” No it was the last thing they thought of: or, rather it never entered their minds at all. They sprang to the conclusion at once–“_What is done_ SHALL _be undone_. That is our FIRST and ONLY thought.”
“Is water running in our veins? Do we remember still Old Plymouth Rock, and Lexington, and famous Bunker Hill? The debt we owe our fathers’ graves? and to the yet unborn, Whose heritage ourselves must make a thing of pride or scorn?
Gray Plymouth Rock hath yet a tongue, and Concord is not dumb; And voices from our fathers’ graves and from the future come: They call on us to stand our ground–they charge us still to be Not only free from chains ourselves, but foremost to make free!”
It is of little consequence who is on the throne, if there be behind it a power mightier than the throne. It matters not what is the theory of the government, if the practice of the government be unjust and tyrannical. We rise in rebellion against a despotism incomparably more dreadful than that which induced the colonists to take up arms against the mother country; not on account of a three-penny tax on tea, but because fetters of living iron are fastened on the limbs of millions of our countrymen, and our own sacred rights are trampled in the dust. As citizens of the State, we appeal to the State in vain for protection and redress. As citizen of the United States, we are treated as outlaws in one half of the country, and the national government consents to our destruction. We are denied the right of locomotion, freedom of speech, the right of petition, the liberty of the press, the right peaceably to assemble together to protest against oppression and plead for liberty–at least in thirteen States of the Union. If we venture, as avowed and unflinching abolitionists, to travel South of Mason and Dixon’s line, we do so at the peril of our lives. If we would escape torture and death, on visiting any of the slave States, we must stifle our conscientious convictions, hear no testimony against cruelty and tyranny, suppress the struggling emotions of humanity, divest ourselves of all letters and papers of an antislavery character, and do homage to the slaveholding power–or run the risk of a cruel martyrdom! These are appalling and undeniable facts.
Three millions of the American people are crushed under the American Union! They are held as slaves–trafficked as merchandise–registered as goods and chattels! The government gives them no protection–the government is their enemy–the government keeps them in chains! There they lie bleeding–we are prostrate by their side–in their sorrows and sufferings we participate–their stripes are inflicted on our bodies, their shackles are fastened to our limbs, their cause is ours! The Union which grinds them to the dust rests upon us, and with them we will struggle to overthrow it! The Constitution, which subjects them to hopeless bondage, is one that we cannot swear to support! Our motto is, “NO UNION WITH SLAVEHOLDERS,” either religious or political. They are the fiercest enemies of mankind, and the bitterest foes of God! We separate from them not in anger, not in malice, not for a selfish purpose, not to do them an injury, not to cease warning, exhorting, reproving them for their crimes, not to leave the perishing bondman to his fate–O no! But to clear our skirts of innocent blood–to give the oppressor no countenance–to signify our abhorrence of injustice and cruelty–to testify against an ungodly compact–to cease striking hands with thieves and consenting with adulterers–to make no compromise with tyranny–to walk worthily of our high profession–to increase our moral power over the nation–to obey God and vindicate the gospel of His Son–to hasten the downfall of slavery in America, and throughout the world!
We are not acting under a blind impulse. We have carefully counted the cost of this warfare, and are prepared to meet its consequences. It will subject us to reproach, persecution, infamy–it will prove a fiery ordeal to all who shall pass through it–it may cost us our lives. We shall be ridiculed as fools, scorned as visionaries, branded as disorganizers, reviled as madmen, threatened and perhaps punished as traitors. But we shall bide our time. Whether safety or peril, whether victory or defeat, whether life or death be ours, believing that our feet are planted on an eternal foundation, that our position is sublime and glorious, that our faith in God is rational and steadfast, that we have exceeding great and precious promises on which to rely, THAT WE ARE IN THE RIGHT, we shall not falter nor be dismayed, “though the earth be removed, and though the mountains be carried into the midst of the sea,”–though our ranks be thinned to the number of “three hundred men.” Freemen! are you ready for the conflict? Come what may, will you sever the chain that binds you to a slaveholding government, and declare your independence? Up, then, with the banner of revolution! Not to shed blood–not to injure the person or estate of any oppressor–not by force and arms to resist any law–not to countenance a servile insurrection–not to wield any carnal weapons! No–ours must be a bloodless strife, excepting _our_ blood be shed–for we aim, as did Christ our leader, not to destroy men’s lives, but to save them–to overcome evil with good–to conquer through suffering for righteousness’ sake–to set the captive free by the potency of truth!
Secede, then, from the government. Submit to its exactions, but pay it no allegiance, and give it no voluntary aid. Fill no offices under it. Send no senators or representatives to the national or State legislature; for what you cannot conscientiously perform yourself, you cannot ask another to perform as your agent. Circulate a declaration of DISUNION FROM SLAVEHOLDERS, throughout the country. Hold mass meetings–assemble in conventions–nail your banners to the mast!
Do you ask what can be done, if you abandon the ballot-box? What did the crucified Nazarene do without the elective franchise? What did the apostles do? What did the glorious army of martyrs and confessors do? What did Luther and his intrepid associates do? What can women and children do? What has Father Mathew done for teetotalism? What has Daniel O’Connell done for Irish repeal? “Stand, having your loins girt about with truth, and having on the breast-plate of righteousness,” and arrayed in the whole armor of God!
The form of government that shall succeed the present government of the United States, let time determine. It would be a waste of time to argue that question, until the people are regenerated and turned from their iniquity. Ours is no anarchical movement, but one of order and obedience. In ceasing from oppression, we establish liberty. What is now fragmentary, shall in due time be crystallized, and shine like a gem set in the heavens, for a light to all coming ages.
Finally–we believe that the effect of this movement will be,–First, to create discussion and agitation throughout the North; and these will lead to a general perception of its grandeur and importance.
Secondly, to convulse the slumbering South like an earthquake, and convince her that her only alternative is, to abolish slavery, or be abandoned by that power on which she now relies for safety.
Thirdly, to attack the slave power in its most vulnerable point, and to carry the battle to the gate.
Fourthly, to exalt the moral sense, increase the moral power, and invigorate the moral constitution of all who heartily espouse it.
We reverently believe that, in withdrawing from the American Union, we have the God of justice with us. We know that we have our enslaved countrymen with us. We are confident that all free hearts will be with us. We are certain that tyrants and their abettors will be against us.
In behalf of the Executive committee of the American Anti-Slavery Society,
WM. LLOYD GARRISON, _President_.
WENDELL PHILLIPS, MARIA WESTON CHAPMAN } _Secretaries_. _Boston, May 20, 1844_.
LETTER FROM FRANCIS JACKSON.
BOSTON, 4th July, 1844.
_To His Excellency George N. Briggs_:
SIR–Many years since, I received from the executive of the Commonwealth a commission as Justice of the Peace. I have held the office that it conferred upon me till the present time, and have found it a convenience to myself, and others. It might continue to be so, could I consent longer to hold it. But paramount considerations forbid, and I herewith transmit to you my commission respectfully asking you to accept my resignation.
While I deem it a duty to myself to take this step, I feel called on to state the reasons that influence me.
In entering upon the duties of the office in question, I complied with the requirements of the law, by taking an oath “_to support the Constitution of the United States_.” I regret that I ever took that oath. Had I then as maturely considered its full import, and the obligations under which it is understood, and meant to lay those who take it, as I have done since, I certainly never would have taken it, seeing, as I now do, that the Constitution of the United States contains provisions calculated and intended to foster, cherish, uphold and perpetuate _slavery_. It pledges the country to guard and protect the slave system so long as the slaveholding States choose to retain it. It regards the slave code as lawful in the States which enact it. Still more, “it has done that, which, until its adoption, was never before done for African slavery. It took it out of its former category of municipal law and local life, adopted it as a national institution, spread around it the broad and sufficient shield of national law, and thus gave to slavery a national existence.” Consequently, the oath to support the Constitution of the United States is a solemn promise to do that which is morally wrong; that which is a violation of the natural rights of man, and a sin in the sight of God.
I am not, in this matter, constituting myself a judge of others. I do not say that no honest man can take such an oath, and abide by it. I only say, that _I_ would not now deliberately take it; and that, having inconsiderately taken it, I can no longer suffer it to lie upon my soul. I take back the oath, and ask you, sir, to take back the commission, which was the occasion of my taking it.
I am aware that my course in this matter is liable to be regarded as singular, if not censurable; and I must, therefore, be allowed to make a more specific statement of those _provisions of the Constitution_ which support the enormous wrong, the heinous sin of slavery.
The very first Article of the Constitution takes slavery at once under its legislative protection, as a basis of representation in the popular branch of the National Legislature. It regards slaves under the description “of all other _persons_”–as of only three-fifths of the value of free persons; thus to appearance undervaluing them in comparison with freemen. But its dark and involved phraseology seems intended to blind us to the consideration, that those underrated slaves are merely a _basis_, not the _source_ of representation; that by the laws of all the States where they live, they are regarded not as _persons_, but as _things_; that they are not the _constituency_ of the representative, but his property; and that the necessary effect of this provision of the Constitution is, to take legislative power out of the hands of _men_ as such, and give it to the mere possessors of goods and chattels. Fixing upon thirty thousand persons, as the smallest number that shall send one member into the House of Representatives, it protects slavery by distributing legislative power in a free and in a slave State thus: To a congressional district in South Carolina, containing fifty thousand slaves, claimed as the property of five hundred whites, who hold, on an average, one hundred apiece, it gives one Representative in Congress; to a district in Massachusetts containing a population of thirty thousand five hundred, one Representative is assigned. But inasmuch as a slave is never permitted to vote, the fifty thousand persons in a district in Carolina form no part of “the constituency;” _that_ is found only in the five hundred free persons. Five hundred freemen of Carolina could send one Representative to Congress, while it would take thirty thousand five hundred freemen of Massachusetts, to do the same thing; that is, one slaveholder in Carolina is clothed by the Constitution with the same political power and influence in the Representatives Hall at Washington, as sixty Massachusetts men like you and me, who “eat their bread in the sweat of their own brows.”
According to the census of 1830, and the _ratio_ of representation based upon that, slave property added twenty-five members to the House of Representatives. And as it has been estimated, (as an approximation to the truth,) that the two and a half million slaves in the United States are held as property by about two hundred and fifty thousand persons–giving an average of ten slaves to each slaveholder, those twenty-five Representatives, each chosen, at most, by only ten thousand voters, and probably by less than three-fourths of that number, were the representatives, not only of the two hundred and fifty thousand persons who chose them; but of _property_ which, five years ago, when slaves were lower in market, than at present, were estimated, by the man who is now the most prominent candidate for the Presidency, at twelve hundred millions of dollars–a sum, which, by the natural increase of five years, and the enhanced value resulting from a more prosperous state of the planting interest, cannot now be less than fifteen hundred millions of dollars. All this vast amount of property, as it is “peculiar,” is also identical in its character. In Congress, as we have seen, it is animated by one spirit, moves in one mass, and is wielded with one aim; and when we consider that tyranny is always timid, and despotism distrustful, we see that this vast money power would be false to itself, did it not direct all its eyes and hands, and put forth all its ingenuity and energy, to one end–self-protection and self-perpetuation. And this it has ever done. In all the vibrations of the political scale, whether in relation to a Bank or Sub-Treasury, Free Trade or a Tariff, this immense power has moved, and will continue to move, in one mass, for its own protection.
While the weight of the slave influence is thus felt in the House of Representatives, “in the Senate of the Union,” says John Quincy Adams, “the proportion of slaveholding power is still greater. By the influence of slavery in the States where the institution is tolerated, over their elections, no other than a slaveholder can rise to the distinction of obtaining a seat in the Senate; and thus, of the fifty-two members of the federal Senate, twenty-six are owners of slaves, and are as effectually representatives of that interest, as the eighty-eight members elected by them to the House.”
The dominant power which the Constitution gives to the slave interest, as thus seen and exercised in the _Legislative Halls_ of our nation, is equally obvious and obtrusive in every other department of the National government.
In the _Electoral college_, the same cause produces the same effect–the same power is wielded for the same purpose, as in the Halls of Congress. Even the preliminary nominating conventions, before they dare name a candidate for the highest office in the gift of the people, must ask of the Genius of slavery, to what votary she will show herself propitious. This very year, we see both the great political parties doing homage to the slave power, by nominating each a slaveholder for the chair of State. The candidate of one party declares, “I should have opposed, and would continue to oppose, any scheme whatever of emancipation, either gradual or immediate;” and adds, “It is not true, and I rejoice that it is not true, that either of the two great parties of this country has any design or aim at