The Anti-Slavery Examiner, Omnibus · Chapter 40Part 40
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"From a sober conviction of the unrighteousness of slavery, your petitioners have long beheld, with grief, our fellow men doomed to perpetual bondage, in a country which boasts of her freedom. Your petitioners are fully of opinion, that calm reflection will at last convince the world, that the whole system of African slavery is unjust in its nature—impolitic in its principles—and, in its consequences, ruinous to the industry and enterprise of the citizens of these States. From a conviction of these truths, your petitioners were led, by motives, we conceive, of general philanthropy, to associate ourselves for the protection and assistance of this unfortunate part of our fellow men; and, though this Society has been lately established, it has now become generally extensive through this state, and, we fully believe, embraces, on this subject, the sentiments of a large majority of its citizens."
The same year the Virginia Abolition Society was formed. This Society, and the Maryland Society, had auxiliaries in different parts of those States. Both societies sent up memorials to Congress. The memorial of the Virginia Society is headed—"The memorial of the Virginia Society, for promoting the Abolition of Slavery, &c." The following is an extract:
"Your memorialists, fully believing that 'righteousness exalteth a nation,' and that slavery is not only an odious degradation, but an outrageous violation of one of the most essential rights of human nature, and utterly repugnant to the precepts of the gospel, which breathes 'peace on earth, good will to men;' lament that a practice, so inconsistent with true policy and the inalienable rights of men, should subsist in so enlightened an age, and among a people professing, that all mankind are, by nature, equally entitled to freedom."
About the same time a Society was formed in New-Jersey. It had an acting committee of five members in each county in the State. The following is an extract from the preamble to its constitution:
"It is our boast, that we live under a government founded on principles of justice and reason, wherein life, liberty, and the pursuit of happiness, are recognised as the universal rights of men; and whilst we are anxious to preserve these rights to ourselves, and transmit them inviolate, to our posterity, we abhor that inconsistent, illiberal, and interested policy, which withholds those rights, from an unfortunate and degraded class of our fellow creatures."
Among other distinguished individuals who were efficient officers of these Abolition Societies, and delegates from their respective state societies, at the annual meetings of the American convention for promoting the abolition of slavery, were Hon. Uriah Tracy, United States' Senator, from Connecticut; Hon. Zephaniah Swift, Chief Justice of the same State; Hon. Cesar A. Rodney, Attorney General of the United States; Hon. James A. Bayard, United States Senator, from Delaware; Governor Bloomfield, of New Jersey; Hon. Wm. Rawle, the late venerable head of the Philadelphia bar; Dr. Casper Wistar, of Philadelphia; Messrs. Foster and Tillinghast, of Rhode Island; Messrs. Ridgeley, Buchanan, and Wilkinson, of Maryland; and Messrs. Pleasants, McLean, and Anthony, of Virginia.
In July, 1787, the old Congress passed the celebrated ordinance, abolishing slavery in the northwestern territory, and declaring that it should never thereafter exist there. This ordinance was passed while the convention that formed the United States constitution was in session. At the first session of Congress under the constitution, this ordinance was ratified by a special act. Washington, fresh from the discussions of the convention, in which more than forty days had been spent in adjusting the question of slavery, gave it his approval. The act passed with only one dissenting voice, (that of Mr. Yates, of New-York,) the South equally with the North avowing the fitness and expediency of the measure of general considerations, and indicating thus early the line of national policy, to be pursued by the United States Government on the subject of slavery.
In the debates in the North Carolina Convention, Mr. Iredell, afterward a Judge of the United States' Supreme Court, said, "When the entire abolition of slavery takes place, it will be an event which must be pleasing to every generous mind and every friend of human nature." Mr. Galloway said, "I wish to see this abominable trade put an end to. I apprehend the clause (touching the slave trade) means to bring forward manumission." Luther Martin, of Md., a member of the convention that formed the United States constitution, said, "We ought to authorize the General Government to make such regulations as shall be thought most advantageous for the gradual abolition of slavery, and the emancipation of the slaves which are already in the States." Judge Wilson, of Pennsylvania, one of the framers of the constitution, said, in the Pennsylvania convention of '87, Deb. Pa. Con. p. 303, 156: "I consider this (the clause relative to the slave trade) as laying the foundation for banishing slavery out of this country. It will produce the same kind of gradual change which was produced in Pennsylvania; the new states which are to be formed will be under the control of Congress in this particular, and slaves will never be introduced among them. It presents us with the pleasing prospect that the rights of mankind will be acknowledged and established throughout the Union. Yet the lapse of a few years, and Congress will have power to exterminate slavery within our borders." In the Virginia convention of '87, Mr. Mason, author of the Virginia constitution, said, "The augmentation of slaves weakens the States, and such a trade is diabolical in itself, and disgraceful to mankind. As much as I value a union of all the states, I would not admit the southern states, (i.e., South Carolina and Georgia,) into the union, unless they agree to a discontinuance of this disgraceful trade." Mr. Tyler opposed with great power the clause prohibiting the abolition of the slave trade till 1808, and said, "My earnest desire is, that it shall he handed down to posterity that I oppose this wicked clause." Mr. Johnson said, "The principle of emancipation has begun since the revolution. Let us do what we will, it will come round."—[Deb. Va. Con. p. 463.] Patrick Henry, arguing the power of Congress under the United States constitution to abolish slavery in the States, said, in the same convention, "Another thing will contribute to bring this event (the abolition of slavery) about. Slavery is detested. We feel its fatal effects; we deplore it with all the pity of humanity."—[Deb. Va. Con. p. 431.] In the Mass. Con. of '88, Judge Dawes said, "Although slavery is not smitten by an apoplexy, yet it has received a mortal wound, and will die of consumption."—[Deb. Mass. Con. p. 60.] General Heath said that, "Slavery was confined to the States now existing, it could not be extended. By their ordinance, Congress had declared that the new States should be republican States, and have no slavery."—p. 147.
In the debate in the first Congress, February 11th and 12th, 1789, on the petitions of the Society of Friends, and the Pennsylvania Abolition Society, Mr. Parker, of Virginia, said, "I hope, Mr. Speaker, the petition of these respectable people will be attended to with all the readiness the importance of its object demands; and I cannot help expressing the pleasure I feel in finding so considerable a part of the community attending to matters of such a momentous concern to the future prosperity and happiness of the people of America. I think it my duty, as a citizen of the Union, to espouse their cause."
Mr. Page, of Virginia, (afterward Governor)—"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. 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."
Mr. Scott, of Pennsylvania: "I cannot, for my part, conceive how any person can be said to acquire a property in another; 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. 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. Burke, of South Carolina, said, "He saw the disposition of the House, and he feared it would be referred to a committee, maugre all their opposition."
Mr. Smith, of South Carolina, said, "That on entering into this government, they (South Carolina and Georgia) 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."
In the debate, at the same session, May 13th, 1789, on the petition of the Society of Friends respecting the slave trade, Mr. Parker, of Virginia, said, "He hoped Congress would do all that lay in their power to restore to human nature its inherent privileges, and if possible, wipe off the stigma, which America labored under. The inconsistency in our principles, with which we are justly charged should be done away, that we may show by our actions the pure beneficence of the doctrine we held out to the world in our Declaration of Independence."
Mr. Jackson of Georgia, said, "IT WAS THE FASHION OF THE DAY TO FAVOR THE LIBERTY OF THE SLAVES. * * * * * What is to be done for compensation? Will Virginia set all her negroes free? Will they give up the money they have cost them; and to whom? When this practice comes to be tried, then the sound of liberty will lose those charms which make it grateful to the ravished ear."
Mr. Madison of Virginia,—"The dictates of humanity, the principles of the people, the national safety and happiness, and prudent policy, require it of us. The constitution has particularly called our attention to it. * * * * * I conceive the constitution in this particular was formed in order that the Government, whilst it was restrained from having a total prohibition, might be able to give some testimony of the sense of America, with respect to the African trade. * * * * * It is to be hoped, that by expressing a national disapprobation of this trade, we may destroy it, and save ourselves from reproaches, AND OUR POSTERITY THE IMBECILITY EVER ATTENDANT ON A COUNTRY FILLED WITH SLAVES. I do not wish to say any thing harsh to the hearing of gentlemen who entertain different sentiments from me, or different sentiments from those I represent. But if there is any one point in which it is clearly the policy of this nation, so far as we constitutionally can, to vary the practice obtaining under some of the state governments, it is this. But it is certain a majority of the states are opposed to this practice."—[Cong. Reg. v. 1, p. 308-12.]
A writer in the "Gazette of the United States," Feb. 20th, 1790, (then the government paper,) who opposes the abolition of slavery, and avows himself a slaveholder, says, "I have seen in the papers accounts of large associations, and applications to Government for the abolition of slavery. Religion, humanity, and the generosity natural to a free people, are the noble principles which dictate those measures. SUCH MOTIVES COMMAND RESPECT, AND ARE ABOVE ANY EULOGIUM WORDS CAN BESTOW."
It is well known, that in the convention that formed the constitution of Kentucky in 1780, the effort to prohibit slavery was nearly successful. The writer has frequently heard it asserted in Kentucky, and has had it from some who were members of that convention, that a decided majority of that body would have voted for its exclusion but for the great efforts and influence of two large slaveholders—men of commanding talents and sway—Messrs. Breckenridge and Nicholas. The following extract from a speech made in that convention by a member of it, Mr. Rice, a native Virginian, is a specimen of the free discussion that prevailed on that "delicate subject." Said Mr. Rice: "I do a man greater injury, when I deprive him of his liberty, than when I deprive him of his property. It is vain for me to plead that I have the sanction of law; for this makes the injury the greater—it arms the community against him, and makes his case desperate. The owners of such slaves then are licensed robbers, and not the just proprietors of what they claim. Freeing them is not depriving them of property, but restoring it to the right owner. In America, a slave is a standing monument of the tyranny and inconsistency of human governments. The master is the enemy of the slave; he has made open war upon him, AND IS DAILY CARRYING IT ON in unremitted efforts. Can any one imagine, then, that the slave is indebted to his master, and bound to serve him? Whence can the obligation arise? What is it founded upon? What is my duty to an enemy that is carrying on war against me? I do not deny, but in some circumstances, it is the duty of the slave to serve; but it is a duty he owes himself, and not his master."
President Edwards, the younger, said, in a sermon preached before the Connecticut Abolition Society, Sept. 15, 1791: "Thirty years ago, scarcely a man in this country thought either the slave trade or the slavery of negroes to be wrong; but now how many and able advocates in private life, in our legislatures, in Congress, have appeared, and have openly and irrefragably pleaded the rights of humanity in this as well as other instances? And if we judge of the future by the past, within fifty years from this time, it will be as shameful for a man to hold a negro slave, as to be guilty of common robbery or theft."
In 1794, the General Assembly of the Presbyterian church adopted its "Scripture proofs," notes, comments, &c. Among these was the following:
"1 Tim. i. 10. The law is made for manstealers. This crime among the Jews exposed the perpetrators of it to capital punishment. Exodus xxi. 16. And the apostle here classes them with sinners of the first rank. The word he uses, in its original import comprehends all who are concerned in bringing any of the human race into slavery, or in retaining them in it. Stealers of men are all those who bring off slaves or freemen, and keep, sell, or buy them."
In 1794, Dr. Rush declared: "Domestic slavery is repugnant to the principles of Christianity. It prostrates every benevolent and just principle of action in the human heart. It is rebellion against the authority of a common Father. It is a practical denial of the extent and efficacy of the death of a common Savior. It is an usurpation of the prerogative of the great Sovereign of the universe, who has solemnly claimed an exclusive property in the souls of men."
In 1795, Mr. Fiske, then an officer of Dartmouth College, afterward a Judge in Tennessee, said, in an oration published that year, speaking of slaves: "I steadfastly maintain, that we must bring them to an equal standing, in point of privileges, with the whites! They must enjoy all the rights belonging to human nature."
When the petition on the abolition of the slave trade was under discussion in the Congress of '89, Mr. Brown. of North Carolina, said, "The emancipation of the slaves will be effected in time; it ought to be a gradual business, but he hoped that Congress would not precipitate it to the great injury of the southern States." Mr. Hartley, of Pennsylvania said, in the sane debate, "He was not a little surprised to hear the cause of slavery advocated in that house." WASHINGTON, in a letter to Sir John Sinclair, says, "There are, in Pennsylvania, laws for the gradual abolition of slavery which neither Maryland nor Virginia have at present, but which nothing is more certain than that they must have, and at a period NOT REMOTE." In 1782, Virginia passed her celebrated manumission act. Within nine years from that time nearly eleven thousand slaves were voluntarily emancipated by their masters. Judge Tucker's "Dissertation on Slavery," p. 72. In 1787, Maryland passed an act legalizing manumission. Mr. Dorsey, of Maryland, in a speech in Congress, December 27th, 1826, speaking of manumissions under that act, said, that "The progress of emancipation was astonishing, the State became crowded with a free black population."
The celebrated William Pinkney, in a speech before the Maryland House of Delegates, in 1789, on the emancipation of slaves, said, "Sir, by the eternal principles of natural justice, no master in the state has a right to hold his slave in bondage for a single hour. I would as soon believe the incoherent tale of a schoolboy, who should tell me he had been frightened by a ghost, as that the grant of this permission (to emancipate) ought in any degree to alarm us. Are we apprehensive that these men will become more dangerous by becoming freemen? Are we alarmed, lest by being admitted into the enjoyment of civil rights, they will be inspired with a deadly enmity against the rights of others? Strange, unaccountable paradox! How much more rational would it be, to argue that the natural enemy of the privileges of a freeman, is he who is robbed of them himself! Dishonorable to the species is the idea that they would ever prove injurious to our interests—released from the shackles of slavery, by the justice of government and the bounty of individuals—the want of fidelity and attachment would be next to impossible."
Hon. James Campbell, in an address before the Pennsylvania Society of the Cincinnati, July 4, 1787, said, "Our separation from Great Britain has extended the empire of humanity. The time is not far distant when our sister states, in imitation of our example, shall turn their vassals into freemen." The Convention that formed the United States' constitution being then in session, attended at the delivery of this oration with General Washington at their head.
A Baltimore paper of September 8th, 1780, contains the following notice of Major General Gates: "A few days ago passed through this town the Hon. General Gates and lady. The General, previous to leaving Virginia, summoned his numerous family of slaves about him, and amidst their tears of affection and gratitude, gave them their FREEDOM."
In 1791 the university of William and Mary, in Virginia, conferred upon Granville Sharpe the degree of Doctor of Laws. Sharpe was at that time the acknowledged head of British abolitionists. His indefatigable exertions, prosecuted for years in the case of Somerset, procured that memorable decision in the Court of King's Bench, which settled the principle that no slave could be held in England. He was most uncompromising in his opposition to slavery, and for twenty years previous he had spoken, written, and accomplished more against it than any man living.
In the "Memoirs of the Revolutionary War in the Southern Department," by Gen. Lee, of Va., Commandant of the Partizan Legion, is the following: "The Constitution of the United States, adopted lately with so much difficulty, has effectually provided against this evil, (by importation) after a few years. It is much to be lamented that having done so much in this way, a provision had not been made for the gradual abolition of slavery."—p. 233, 4.
Mr. Tucker, of Virginia, Judge of the Supreme Court of that state, and professor of law in the University of William and Mary, addressed a letter to the General Assembly of that state, in 1796, urging the abolition of slavery; from which the following is an extract. Speaking of the slaves in Virginia, he says: "Should we not, at the time of the revolution, have loosed their chains and broken their fetters; or if the difficulties and dangers of such an experiment prohibited the attempt, during the convulsions of a revolution, is it not our duty, to embrace the first moment of constitutional health and vigor to effectuate so desirable an object, and to remove from us a stigma with which our enemies will never fail to upbraid us, nor consciences to reproach us?"
Mr. Faulkner, in a speech before the Virginia Legislature, Jan. 20, 1832, said:—"The idea of a gradual emancipation and removal of the slaves from this commonwealth, is coeval with the declaration of our independence from the British yoke. It sprung into existence during the first session of the General Assembly, subsequent to the formation of your republican government. When Virginia stood sustained in her legislation by the pure and philosophic intellect of Pendleton—by the patriotism of Mason and Lee—by the searching vigor and sagacity of Wythe, and by the all-embracing, all-comprehensive genius of Thomas Jefferson! Sir, it was a committee composed of those five illustrious men, who, in 1777, submitted to the general assembly of this state, then in session, a plan for the gradual emancipation of the slaves of this commonwealth."
Hon. Benjamin Watkins Leigh, late United States' senator from Virginia, in his letters to the people of Virginia, in 1832, signed Appomattox, p. 43, says: "I thought, till very lately, that it was known to every body that during the Revolution, and for many years after, the abolition of slavery was a favorite topic with many of our ablest statesmen, who entertained, with respect, all the schemes which wisdom or ingenuity could suggest for accomplishing the object. Mr. Wythe, to the day of his death, was for a simple abolition, considering the objection to color as founded in prejudice. By degrees, all projects of the kind were abandoned. Mr. Jefferson retained his opinion, and now we have these projects revived."
Governor Barbour, of Virginia, in his speech in the U.S. Senate, on the Missouri question, Jan. 1820, said:—"We are asked why has Virginia changed her policy in reference to slavery? That the sentiments of our most distinguished men, for thirty years entirely corresponded with the course which the friends of the restriction (of slavery in Missouri) now advocated; and that the Virginia delegation, one of which was the late President of the United Stance, voted for the restriction, (of slavery) in the northwestern territory, and that Mr. Jefferson has delineated a gloomy picture of the baneful effects of slavery. When it is recollected that the Notes of Mr. Jefferson were written during the progress of the revolution, it is no matter of surprise that the writer should have imbibed a large portion of that enthusiasm which such an occasion was so well calculated to produce. As to the consent of the Virginia delegation to the restriction in question, whether the result of a disposition to restrain the slave trade indirectly, or the influence of that enthusiasm to which I have just alluded, * * * * it is not now important to decide. We have witnessed its effects. The liberality of Virginia, or, as the result may prove, her folly, which submitted to, or, if you will, PROPOSED this measure, (abolition of slavery in the N.W. territory) has eventuated in effects which speak a monitory lesson. How is the representation from this quarter on the present question?"
Mr. Imlay, in his early history of Kentucky, p. 185, says: "We have disgraced the fair face of humanity, and trampled upon the sacred privileges of man, at the very moment that we were exclaiming against the tyranny of your (the English) ministry. But in contending for the birthright of freedom, we have learned to feel for the bondage of others, and in the libations we offer to the goddess of liberty, we contemplate an emancipation of the slaves of this country, as honorable to themselves as it will be glorious to us."
In the debate in Congress, Jan. 20, 1806, on Mr. Sloan's motion to lay a tax on the importation of slaves, Mr. Clark of Va. said: "He was no advocate for a system of slavery." Mr. Marion, of S. Carolina, said: "He never had purchased, nor should he ever purchase a slave." Mr. Southard said: "Not revenue, but an expression of the national sentiment is the principal object." Mr. Smilie—"I rejoice that the word (slave) is not in the Constitution; its not being there does honor to the worthies who would not suffer it to become a part of it." Mr. Alston, of N. Carolina—"In two years we shall have the power to prohibit the trade altogether. Then this House will be UNANIMOUS. No one will object to our exercising our full constitutional powers." National Intelligencer, Jany. 24, 1806.
These witnesses need no vouchers to entitle them to credit—nor their testimony comments to make it intelligible—their names are their endorsers and their strong words their own interpreters. We wave all comments. Our readers are of age. Whosoever hath ears to hear, let him HEAR. And whosoever will not hear the fathers of the revolution, the founders of the government, its chief magistrates, judges, legislators and sages, who dared and periled all under the burdens, and in the heat of the day that tried men's souls—then "neither will he be persuaded though THEY rose from the dead."
Some of the points established by the testimony are—The universal expectation that the moral influence of Congress, of state legislatures, of seminaries of learning, of churches, of the ministers of religion, and of public sentiment widely embodied in abolition societies, would be exerted against slavery, calling forth by argument and appeal the moral sense of the nation, and creating a power of opinion that would abolish the system throughout the union. In a word, that free speech and a free press would be wielded against slavery without ceasing and without restriction. Full well did the south know, not only that the national government would probably legislate against slavery wherever the constitution placed it within its reach, but she knew also that Congress had already marked out the line of national policy to be pursued on the subject—had committed itself before the world to a course of action against slavery, wherever she could move upon it without encountering a conflicting jurisdiction—that the nation had established by solemn ordinance memorable precedent for subsequent action, by abolishing slavery in the northwest territory, and by declaring that it should never thenceforward exist there; and this too, as soon as by cession of Virginia and other states, the territory came under Congressional control. The south knew also that the sixth article in the ordinance prohibiting slavery was first proposed by the largest slaveholding state in the confederacy—that the chairman of the committee that reported the ordinance was a slaveholder—that the ordinance was enacted by Congress during the session of the convention that formed the United States Constitution—that the provisions of the ordinance were, both while in prospect, and when under discussion, matters of universal notoriety and approval with all parties, and when finally passed, received the vote of every member of Congress from each of the slaveholding states. The south also had every reason for believing that the first Congress under the constitution would ratify that ordinance—as it did unanimously.
A crowd of reflections, suggest by the preceding testimony, press for utterance. The right of petition ravished and trampled by its constitutional guardians, and insult and defiance hurled in the faces of the SOVEREIGN PEOPLE while calmly remonstrating with their SERVANTS for violence committed on the nation's charter and their own dearest rights! Add to this "the right of peaceably assembling" violently wrested—the rights of minorities, rights no longer—free speech struck dumb—free men outlawed and murdered—free presses cast into the streets and their fragments strewed with shoutings, or flourished in triumph before the gaze of approving crowds as proud members of prostrate law!
The spirit and power of our fathers, where are they? Their deep homage always and every where rendered to FREE THOUGHT, with its inseparable signs—free speech and a free press—their reverence for justice, liberty, rights and all-pervading law, where are they?
But we turn from these considerations—though the times on which we have fallen, and those towards which we are borne with headlong haste, call for their discussion as with the voices of departing life—and proceed to topics relevant to the argument before us.
The seventh article of the amendments to the constitution is alleged to withhold from Congress the power to abolish slavery in the District. "No person shall be deprived of life, liberty, or property, without due process of law." All the slaves in the District have been "deprived of liberty" by legislative acts. Now, these legislative acts "depriving" them "of liberty," were either "due process of law," or they were not. If they were, then a legislative act, taking from the master that "property" which is the identical "liberty" previously taken from the slave, would be "due process of law" also, and of course a constitutional act; but if the legislative acts "depriving" them of "liberty" were not "due process of law," then the slaves were deprived of liberty unconstitutionally, and these acts are void. In that case the constitution emancipates them.