The Anti-Slavery Examiner, Omnibus · Chapter 39Part 39
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It is quite unnecessary to add, that the most distinguished northern statesmen of both political parties, have always affirmed the power of Congress to abolish slavery in the District. President Van Buren in his letter of March 6, 1836, to a committee of gentlemen in North Carolina, says, "I would not, from the light now before me, feel myself safe in pronouncing that Congress does not possess the power of abolishing slavery in the District of Columbia." This declaration of the President is consistent with his avowed sentiments touching the Missouri question, on which he coincided with such men as Daniel D. Tompkins, De Witt Clinton, and others, whose names are a host.A It is consistent also, with his recommendation in his late message on the 5th of last month, in which, speaking of the District, he strongly urges upon Congress "a thorough and careful revision of its local government," speaks of the "entire dependence" of the people of the District "upon Congress," recommends that a "uniform system of local government" be adopted, and adds, that "although it was selected as the seat of the General Government, the site of its public edifices, the depository of its archives, and the residence of officers intrusted with large amounts of public property, and the management of public business, yet it never has been subjected to, or received, that special and comprehensive legislation which these circumstances peculiarly demanded."
A: Mr. Van Buren, when a member of the Senate of New-York, voted for the following preamble and resolutions, which passed unanimously:—Jan. 28th, 1820. "Whereas, the inhibiting the further extension of slavery in the United States, is a subject of deep concern to the people of this state: and whereas, we consider slavery as an evil much to be deplored, and that every constitutional barrier should be interposed to prevent its further extension: and that the constitution of the United States clearly gives congress the right to require new states, not comprised within the original boundary of the United States, to make the prohibition of slavery a condition of their admission into the Union: Therefore,
"Resolved, That our Senators be instructed, and our members of Congress be requested, to oppose the admission as a state into the Union, of any territory not comprised as aforesaid, without making the prohibition of slavery therein an indispensable condition of admission."
The tenor of Senator Tallmadge's speech on the right of petition, in the last Congress, and of Mr. Webster's on the reception of abolition memorials, may be taken as universal exponents of the sentiments of northern statesmen as to the power of Congress to abolish slavery in the District of Columbia.
After presenting this array of evidence, direct testimony to show that the power of Congress to abolish slavery in the District, has always till recently been universally conceded, is perhaps quite superfluous. We subjoin; however, the following:
The Vice-President of the United States in his speech on the Missouri question, quoted above, after contending that the restriction of slavery in Missouri would be unconstitutional, adds, "But I am at a loss to conceive why gentlemen should arouse all their sympathies upon this occasion, when they permit them to lie dormant upon the same subject, in relation to other sections of country, in which THEIR POWER COULD NOT BE QUESTIONED." Then follows immediately the assertion of congressional power to abolish slavery in the District, as already quoted. In the speech of Mr. Smyth, of Va., also quoted above, he declares the power of Congress to abolish slavery in the District to be "UNDOUBTED."
Mr. Sutherland, of Pennsylvania, in a speech in the House of Representatives, on the motion to print Mr. Pinckney's Report, is thus reported in the Washington Globe, of May 9th, '36. "He replied to the remark that the report conceded that Congress had a right to legislate upon the subject in the District of Columbia, and said that SUCH A RIGHT HAD NEVER BEEN, TILL RECENTLY, DENIED."
The American Quarterly Review, published at Philadelphia, with a large circulation and list of contributors in the slave states, holds the following language in the September No. 1833, p. 55: "Under this 'exclusive jurisdiction,' granted by the constitution, Congress has power to abolish slavery and the slave trade in the District of Columbia. It would hardly be necessary to state this as a distinct proposition, had it not been occasionally questioned. The truth of the assertion, however, is too obvious to admit of argument—and we believe HAS NEVER BEEN DISPUTED BY PERSONS WHO ARE FAMILIAR WITH THE CONSTITUTION."
Finally—an explicit, and unexpected admission, that an "over-whelming majority" of the present Congress concede the power to abolish slavery in the District, has just been made by a member of Congress from South Carolina, in a letter published in the Charleston Mercury of Dec. 27, well known as the mouth-piece of Mr. Calhoun. The following is an extract:
"The time has arrived when we must have new guarantees under the constitution, or the union must be dissolved. Our views of the constitution are not those of the majority. An overwhelming majority think that by the constitution, Congress may abolish slavery in the District of Columbia—may abolish the slave trade between the States; that is, it may prohibit their being carried out of the State in which they are—and prohibit it in all the territories, Florida among them. They think, NOT WITHOUT STRONG REASONS, that the power of Congress extends to all of these subjects."
In another letter, the same correspondent says:
"The fact is, it is vain to attempt, AS THE CONSTITUTION IS NOW, to keep the question of slavery out of the halls of Congress,—until, by some decisive action, WE COMPEL SILENCE, or alter the constitution, agitation and insult is our eternal fate in the confederacy."
We now proceed to notice briefly the main arguments that have been employed in Congress and elsewhere against the power of Congress to abolish slavery in the District. One of the most plausible, is that "the conditions on which Maryland and Virginia ceded the District to the United States, would be violated, if Congress should abolish slavery there." The reply to this is, that Congress had no power to accept a cession coupled with conditions restricting the power given it by the constitution. Nothing short of a convention of the states, and an alteration of the constitution, abridging its grant of power, could have empowered Congress to accept a territory on any other conditions than that of exercising "exclusive legislation, in all cases whatsoever," over it.
To show the futility of the objection, here follow the acts of cession. The cession of Maryland was made in November, 1788, and is as follows: "An act to cede to Congress a district of ten miles square in this state for the seat of the government of the United States."
"Be it enacted, by the General Assembly of Maryland, that the representatives of this state in the House of Representatives of the Congress of the United States, appointed to assemble at New-York, on the first Wednesday of March next, be, and they are hereby authorized and required on the behalf of this state, to cede to the Congress of the United States, any district in this state, not exceeding ten miles square, which the Congress may fix upon, and accept for the seat of government of the United States." Laws of Maryland, vol. 2, chap. 46.
The cession from Virginia was made by act of the Legislature of that State on the 3d of December, 1788, in the following words:
"Be it enacted by the General Assembly, That a tract of country, not exceeding ten miles square, or any lesser quantity, to be located within the limits of the State, and in any part thereof, as Congress may, by law, direct, shall be, and the same is hereby for ever ceded and relinquished to the Congress and Government of the United States, in full and absolute right, and exclusive jurisdiction, as well of soil, as of persons residing or to reside thereon, pursuant to the tenor and effect of the eighth section of the first article of the government of the constitution of the United States."
But were there no provisos to these acts? The Maryland act had none. That part of the District therefore, which includes the cities of Washington and Georgetown, can lay claim to nothing with which to ward off the power of Congress. The Virginia act had this proviso: "Sect. 2. Provided, that nothing herein contained, shall be construed to vest in the United States any right of property in the soil, or to affect the rights of individuals therein, otherwise than the same shall or may be transferred by such individuals to the United States."
This specification touching the soil was merely definitive and explanatory of that clause in the act of cession, "full and absolute right." Instead of restraining the power of Congress on slavery and other subjects, it even gives it wider scope; for exceptions to parts of a rule, give double confirmation to those parts not embraced in the exceptions. If it was the design of the proviso to restrict congressional action on the subject of slavery, why is the soil alone specified? As legal instruments are not paragons of economy in words, might not "John Doe," out of his abundance, and without spoiling his style, have afforded an additional word—at least a hint—that slavery was meant, though nothing was said about it? The subject must have been too "delicate," even for the most distant allusion! The mystery of silence is solved!!
But again, Maryland and Virginia, in their acts of cession, declare them to be "in pursuance of" that clause of the constitution which gives to Congress "exclusive legislation in all cases whatsoever over" the ten miles square—thus, instead of restricting that clause, both States gave an express and decided confirmation of it. Now, their acts of cession either accorded with that clause of the constitution, or they conflicted with it. If they conflicted with it, accepting the cessions was a violation of the constitution. If they accorded, the objector has already had his answer. The fact that Congress accepted the cessions, proves that in its view their terms did not conflict with the constitutional grant of "power to exercise exclusive legislation in all cases whatsoever over such District." The inquiry whether these acts of cession were consistent or inconsistent with the United States constitution, is totally irrelevant to the question at issue. What saith the CONSTITUTION? That is the question. Not, what saith Virginia, or Maryland, or—equally to the point—John Bull! If Maryland and Virginia had been the authorized interpreters of the constitution for the Union, these acts of cession could hardly have been magnified more than they were by Messrs. Garland and Wise in the last Congress. A true understanding of the constitution can be had, forsooth, only by holding it up in the light of Maryland and Virginia legislation!
We are told, again, that those States would not have ceded the District if they had supposed the constitution gave Congress power to abolish slavery in it.
This comes with an ill grace from Maryland and Virginia. They knew the constitution. They were parties to it. They had sifted it, clause by clause, in their State conventions. They had weighed its words in the balance—they had tested them as by fire; and finally, after long pondering, they adopted the constitution. And afterward, self-moved, they ceded the ten miles square, and declared the cession made "in pursuance of" that oft-cited clause, "Congress shall have power to exercise exclusive legalisation in all cases whatsoever over such District," &c. And now verily "they would not have ceded if they had supposed!" &c. Cede it they did, and "in full and absolute right both of soil and persons." Congress accepted the cession—state power over the District ceased, and congressional power over it commenced—and now, the sole question to be settled is, the amount of power over the District, lodged in Congress by the constitution. The constitution—the CONSTITUTION—that is the point. Maryland and Virginia "suppositions" must be potent suppositions, to abrogate a clause in the United States Constitution! That clause either gives Congress power to abolish slavery in the District, or it does not—and that point is to be settled, not by state "suppositions," nor state usages, nor state legislation, but by the terms of the clause themselves.
Southern members of Congress, in the recent discussions, have conceded the power of a contingent abolition in the District, by suspending it upon the consent of the people. Such a doctrine from declaimers like Messrs. Alford, of Georgia, and Walker, of Mississippi, would excite no surprise; but that it should be honored with the endorsement of such men as Mr. Rives and Mr. Calhoun, is quite unaccountable. Are attributes of sovereignty mere creatures of contingency? Is delegated authority mere conditional permission? Is a constitutional power to be exercised by those who hold it, only by popular sufferance? Must it lie helpless at the pool of public sentiment, waiting the gracious troubling of its waters? Is it a lifeless corpse, save only when popular "consent" deigns to put breath into its nostrils? Besides, if the consent of the people of the District be necessary, the consent of the whole people must be had—not that of a majority, however large. Majorities, to be authoritative, must be legal—and a legal majority without legislative power, right of representation, or even the electoral franchise, would be an anomaly. In the District of Columbia, such a thing as a majority in a legal sense is unknown to law. To talk of the power of a majority, or the will of a majority there, is mere mouthing. A majority? Then it has an authoritative will—and an organ to make it known—and an executive to carry it into effect—Where are they? We repeat it—if the consent of the people of the District be necessary, the consent of every one is necessary—and universal consent will come only with the Greek Kalends and a "perpetual motion." A single individual might thus perpetuate slavery in defiance of the expressed will of a whole people. The most common form of this fallacy is given by Mr. Wise, of Virginia, in his speech, February 16, 1835, in which he denied the power of Congress to abolish slavery in the District, unless the inhabitants owning slaves petitioned for it!! Southern members of Congress at the present session ring changes almost daily upon the same fallacy. What! pray Congress to use a power which it has not? "It is required of a man according to what he hath," saith the Scripture. I commend Mr. Wise to Paul for his ethics. Would that he had got his logic of him! If Congress does not possess the power, why taunt it with its weakness, by asking its exercise? Why mock it by demanding impossibilities? Petitioning, according to Mr. Wise, is, in matters of legislation, omnipotence itself; the very source of all constitutional power; for, asking Congress to do what it cannot do, gives it the power—to pray the exercise of a power that is not, creates it. A beautiful theory! Let us work it both ways. If to petition for the exercise of a power that is not, creates it—to petition against the exercise of a power that is, annihilates it. As southern gentlemen are partial to summary processes, pray, sirs, try the virtue of your own recipe on "exclusive legislation in all cases whatsoever;" a better subject for experiment and test of the prescription could not be had. But if the petitions of the citizens of the District give Congress the right to abolish slavery, they impose the duty; if they confer constitutional authority, they create constitutional obligation. If Congress may abolish because of an expression of their will, it must abolish at the bidding of that will. If the people of the District are a source of power to Congress, their expressed will has the force of a constitutional provision, and has the same binding power upon the National Legislature. To make Congress dependent on the District for authority, is to make it a subject of its authority, restraining the exercise of its own discretion, and sinking it into a mere organ of the District's will. We proceed to another objection.
"The southern states would not have ratified the constitution, if they had supposed that it gave this power." It is a sufficient answer to this objection, that the northern states would not have ratified it, if they had supposed that it withheld the power. If "suppositions" are to take the place of the constitution—coming from both sides, they neutralize each other. To argue a constitutional question by guessing at the "suppositions" that might have been made by the parties to it, would find small favor in a court of law. But even a desperate shift is some easement when sorely pushed. If this question is to be settled by "suppositions," suppositions shall be forth coming, and that without stint.
First, then, I affirm that the North ratified the constitution, "supposing" that slavery had begun to wax old, and would speedily vanish away, and especially that the abolition of the slave trade, which by the constitution was to be surrendered to Congress after twenty years, would cast it headlong.
Would the North have adopted the constitution, giving three-fifths of the "slave property" a representation, if it has "supposed" that the slaves would have increased from half a million to two millions and a half by 1838—and that the census of 1840 would give to the slave states, 30 representatives of "slave property?"
If they had "supposed" that this representation would have controlled the legislation of the government, and carried against the North every question vital to its interests, would Alexander Hamilton, Benjamin Franklin, Roger Sherman, Elbridge Gerry, William Livingston, John Langdon, and Rufus King have been such madmen, as to sign the constitution, and the Northern States such suicides as to ratify it? Every self-preserving instinct would have shrieked at such an infatuate immolation. At the adoption of the United States constitution, slavery was regarded as a fast waning system. This conviction was universal. Washington, Jefferson, Patrick Henry, Grayson, St. George Tucker, Madison, Wythe, Pendleton, Lee, Blair, Mason, Page, Parker, Edmund Randolph, Iredell, Spaight, Ramsey, William Pinckney, Luther Martin, James McHenry, Samuel Chase, and nearly all the illustrious names south of the Potomac, proclaimed it before the sun, that the days of slavery were beginning to be numbered. A reason urged in the convention that formed the United States constitution, why the word slave should not be used in it, was, that when slavery should cease there might remain upon the National Charter no record that it had even been. (See speech of Mr. Burrill, of R.I., on the Missouri question.)
I now proceed to show by testimony, that at the date of the United States constitution, and for several years before and after that period, slavery was rapidly on the wane; that the American Revolution with the great events preceding accompanying, and following it, had wrought an immense and almost universal change in the public sentiment of the nation of the subject, powerfully impelling it toward the entire abolition of the system—and that it was the general belief that measures for its abolition throughout the Union, would be commenced by the individual States generally before the lapse of many years. A great mass of testimony establishing this position is at hand and might be presented, but narrow space, little time, the patience of readers, and the importance of speedy publication, counsel brevity. Let the following proofs suffice. First, a few dates as points of observation.
The first general Congress met in 1774. The revolutionary war commenced in '75. Independence was declared in '76. The articles of confederacy were adopted by the thirteen states in '78. Independence acknowledged in '83. The convention for forming the U.S. constitution was held in '87, the state conventions for considering it in '87, and '88. The first Congress under the constitution in '89.
Dr. Rush, of Pennsylvania, one of the signers of the Declaration of Independence, in a letter to the celebrated Granville Sharpe, May 1, 1773, says: "A spirit of humanity and religion begins to awaken in several of the colonies in favor of the poor negroes. The clergy begin to bear a public testimony against this violation of the laws of nature and christianity. Great events have been brought about by small beginnings. Anthony Benezet stood alone a few years ago in opposing negro slavery in Philadelphia, and NOW THREE-FOURTHS OF THE PROVINCE AS WELL AS OF THE CITY CRY OUT AGAINST IT."—(Stuart's Life of Sharpe, p. 21.)
In the preamble to the act prohibiting the importation of slaves into Rhode Island, June 1774, is the following: "Whereas, the inhabitants of America are generally engaged in the preservation of their own rights and liberties, among which that of personal freedom must be considered the greatest, and as those who are desirous of enjoying all the advantages of liberty themselves, should be willing to extend personal liberty to others, therefore," &c.
October 20, 1774, the Continental Congress passed the following: "We, for ourselves and the inhabitants of the several colonies whom we represent, firmly agree and associate under the sacred ties of virtue, honor, and love of our country, as follows:
"2d Article. We will neither import nor purchase any slaves imported after the first day of December next, after which time we will wholly discontinue the slave trade, and we will neither be concerned in it ourselves, nor will we hire our vessels, nor sell our commodities or manufactures to those who are concerned in it."
The Continental Congress, in 1775, setting forth the causes and the necessity for taking up arms, say: "If it were possible for men who exercise their reason to believe that the Divine Author of our existence intended a part of the human race to hold an absolute property in, and unbounded power over others, marked out by infinite goodness and wisdom as objects of a legal domination, never rightfully resistible, however severe and oppressive, the inhabitants of these colonies might at least require from the Parliament of Great Britain some evidence that this dreadful authority over them has been granted to that body."
In 1776, the celebrated Dr. Hopkins, then at the head of New England divines, published a pamphlet entitled, "An Address to the owners of negro slaves in the American colonies," from which the following is an extract: "The conviction of the unjustifiableness of this practice (slavery) has been increasing, and greatly spreading of late, and many who have had slaves, have found themselves so unable to justify their own conduct in holding them in bondage, as to be induced to set them at liberty. May this conviction soon reach every owner of slaves in North America! Slavery is, in every instance, wrong, unrighteous, and oppressive—a very great and crying sin—there being nothing of the kind equal to it on the face of the earth."
The same year the American Congress issued a solemn MANIFESTO to the world. These were its first words: "We hold these truths to be self-evident, 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." Once, these were words of power; now, "a rhetorical flourish."
The celebrated Patrick Henry of Virginia, in a letter, of Jan. 18, 1773, to Robert Pleasants, afterwards president of the Virginia Abolition Society, says: "Believe me, I shall honor the Quakers for their noble efforts to abolish slavery. It is a debt we owe to the purity of our religion to show that it is at variance with that law that warrants slavery. I exhort you to persevere in so worthy a resolution."
In 1779, the Continental Congress ordered a pamphlet to be published, entitled, "Observations on the American Revolution," from which the following is an extract: "The great principle (of government) is and ever will remain in force, that men are by nature free; as accountable to him that made them, they must be so; and so long as we have any idea of divine justice, we must associate that of human freedom. Whether men can part with their liberty, is among the questions which have exercised the ablest writers; but it is conceded on all hands, that the right to be free CAN NEVER BE ALIENATED—still less is it practicable for one generation to mortgage the privileges of another."
Extract from the Pennsylvania act for the Abolition of Slavery, passed March 1, 1780: * * * "We conceive that it is our duty, and we rejoice that it is in our power, to extend a portion of that freedom to others which has been extended to us. Weaned by a long course of experience from those narrow prejudices and partialities we have imbibed, we find our hearts enlarged with kindness and benevolence towards men of all conditions and nations: * * * Therefore be it enacted, that no child born hereafter be a slave," &c.
Jefferson, in his Notes on Virginia, written just before the close of the Revolutionary War, says: "I think a change already perceptible since the origin of the present revolution. The spirit of the master is abating, that of the slave is rising from the dust, his condition mollifying, the way I hope preparing under the auspices of heaven, FOR A TOTAL EMANCIPATION, and that this is disposed, in the order of events, to be with the consent of the masters, rather than by their extirpation."
In a letter to Dr. Price, of London, who had just published a pamphlet in favor of the abolition of slavery, Mr. Jefferson, then Minister at Paris, (August 7, 1785,) says: "From the mouth to the head of the Chesapeake, the bulk of the people will approve of your pamphlet in theory, and it will find a respectable minority ready to adopt it in practice—a minority which, for weight and worth of character, preponderates against the greater number." Speaking of Virginia, he says: "This is the next state to which we may turn our eyes for the interesting spectacle of justice in conflict with avarice and oppression,—a conflict in which THE SACRED SIDE IS GAINING DAILY RECRUITS. Be not, therefore discouraged—what you have written will do a great deal of good; and could you still trouble yourself with our welfare, no man is more able to give aid to the laboring side. The College of William and Mary, in Williamsburg, since the remodelling of its plan, is the place where are collected together all the young men of Virginia, under preparation for public life. They are there under the direction (most of them) of a Mr. Wythe, one of the most virtuous of characters, and whose sentiments on the subject of slavery are unequivocal. I am satisfied, if you could resolve to address an exhortation to those young men with all the eloquence of which you are master that its influence on the future decision of this important question would be great, perhaps decisive. Thus, you see, that so far from thinking you have cause to repent of what you have done, I wish you to do more, and wish it on an assurance of its effect."—Jefferson's Posthumous Works, vol. 1, p. 268.
In 1786, John jay, afterward Chief Justice of the United States, drafted and signed a petition to the Legislature of New York, on the subject of slavery, beginning with these words:
"Your memorialists being deeply affected by the situation of those, who, although FREE BY THE LAWS OF GOD, are held in slavery by the laws of the State," &c.
This memorial bore also the signature of the celebrated Alexander Hamilton; Robert R. Livingston, afterward Secretary of Foreign Affairs of the United States, and Chancellor of the State of New York; James Duane, Mayor of the City of New York, and many others of the most eminent individuals in the State.
In the preamble of an instrument, by which Mr. Jay emancipated a slave in 1784, is the following passage:
"Whereas, the children of men are by nature equally free, and cannot, without injustice, be either reduced to or HELD in slavery."
In his letter while Minister at Spain, in 1786, he says, speaking of the abolition of slavery: "Till America comes into this measure, her prayers to heaven will be IMPIOUS. This is a strong expression, but it is just. I believe God governs the world; and I believe it to be a maxim in his, as in our court, that those who ask for equity ought to do it."
In 1785, the New York Manumission Society was formed. John Jay was chosen its first President, and held the office five years. Alexander Hamilton was its second President, and after holding the office one year, resigned upon his removal to Philadelphia as Secretary of the United States' Treasury. In 1787, the Pennsylvania Abolition Society was formed. Benjamin Franklin, warm from the discussions of the convention that formed the United States constitution, was chosen President, and Benjamin Rush, Secretary—both signers of the Declaration of Independence. In 1789, the Maryland Abolition Society was formed. Among its officers were Samuel Chace, Judge of the United States Supreme Court, and Luther Martin, a member of the convention that formed the United States constitution. In 1790, the Connecticut Abolition Society was formed. The first President was Rev. Dr. Stiles, President of Yale College, and the Secretary, Simeon Baldwin, (the late Judge Baldwin of New Haven.) In 1791, this Society sent a memorial to Congress, from which the following is an extract: