Chapter II
THE AMERICAN ANTI-SLAVERY SOCIETY A SEDITIOUS ORGANIZATION.
We have shown, in the previous chapter, that the American Anti-slavery society is a _permanent political organization_, attempting to effect a change in the government of the country, by its own independent, and we may add, sovereign, operations. We now propose to show, that such an organization, under such independent and irresponsible action, is unconstitutional and illegal, and consequently seditious. Even if there were no law in the case, we suppose the sovereignty of a nation, in other words, of the majority of the people, in a government constituted like ours, is competent to interpose their authority to prevent the damage of the Republic in an unforeseen exigency. So far as Constitutional law is provided, it is the rule; but where it is wanting, necessity becomes law, to be used in the best discretion of the constituted authorities, in all emergencies in which the safety of the public may demand such a resort. This is the original and undisputed right of that sovereignty, which is always supposed to be vested in a national and independent government. It is of the nature of original legislation for a supposed occasion. It is the use of a right, and a violation of no law, inasmuch as no law exists that is applicable to the case.
But, fortunately, and to bar all controversy, there _is_ a law provided for the case now under consideration. It is well known--it is written in the characters of blood on the pages of our history--that our fathers fought and died to secure the right of the people to a representation in the Government, and to be heard by the government, whenever they feel the pressure of an evil demanding the interposition and action of the public authorities, before a remedy can be applied, in the usual forms of legislation, as the result of the use of the elective franchise. But it is not to be forgotten, that the most desirable, the most quiet, and the most salutary action of Government, is the regular and uniform routine of its legislative, executive, and judicial functions, as constituted for general purposes. But the experience of history proves, that public exigencies may arise, when the action of Government may be required out of the usual course; or when the measures of a Government may operate so uncomfortably and oppressively on the people, as to furnish occasion for an expression of their will, before it can be conveyed through the channel of the elective franchise. The Constitutional law of our country, both of the Federal Government and of the States, has provided for these occasions; and in that particular afforded an eminent advantage over that despotic sway of absolute monarchies, which rebukes and suppresses the expressions and interferences of the popular will. The most valuable right of our free institutions is the choice of our own rulers. Next to that, is the right of instructing them in a knowledge of what the people desire. For the conveyance of this will two Constitutional channels have been opened; one in the elective franchise, and the other by the right of petition and remonstrance. The use of both these rights is always supposed to have a direct and immediate connexion with the Government: the first appoints the Government, and the second instructs it. And there rights are found to be sufficient, because, if a Government refuses to respect the popular will, fairly expressed and well ascertained, the people have their remedy in the franchise. They can appoint such rulers as will do their pleasure. Hence there is never a necessity, and there can be no apology, for the dangerous resort to permanent political combinations, acting under an organized polity, independent of the Government of the country, having designs upon that Government, either to control its counsels, or to affect a change in its structure. But such precisely, as will be seen, is the American Anti-slavery Society.
Moreover, it is inconsistent with the _genius_ of a Constitutional government, that such an organization should be permitted to arise in its bosom, and make war upon it by original, usurped, and independent functions. The Constitution of a nation knows no rival, admits of none, within its own jurisdiction. It would be the same as to sanction sedition and treason; it would be forging the weapons of its own destruction, and turning a suicidal hand upon itself. The empire claimed, and designed to be maintained, by a Constitutional government, like that of the United States, is _sole_. It cannot, without peril to itself, admit a rival political and independent power on the same territory. But such is the American Anti-slavery Society. It is an independent Commonwealth, a republic _within_ the Republic, a State, having all the machinery of a State which its exigencies require, and is perpetually adding to that machinery, without limit, and without control. It has already proved sufficiently powerful to disturb the peace of the country, to endanger the lives of its citizens, and to threaten a dissolution of the Union; and who can say, that it will not revolutionise the government, and introduce anarchy and desolation? Such is the prospect, and such are the most sober convictions of discerning and far seeing minds, if it is permitted to go on.
But let us look to the law which applies to the case. The Constitution of the United States, and in accordance with that, the Constitutions of the several States, in the same manner, and in like terms, have provided a safety valve for the discontents and fermentations of the popular mind, under real or supposed grievances, or under any occasions of dissatisfaction, by guaranteeing freedom of speech and of the press, the right of popular assemblies to declare and express the public will, and the right of petition and remonstrance addressed to the Government. The Constitution of the United States, on this point, reads thus: “Congress shall make no law abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
The Constitution of the State of Pennsylvania has it thus: “The printing presses shall be free to every person who undertakes to examine the proceedings of the Legislature, or any branch of Government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and feelings is one of the invaluable rights of man; and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty.... The citizens have a right, in a peaceable manner, to assemble together for their common good, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by petition, address, or remonstrance.”
We have selected the Constitution of Pennsylvania for what it says on this point, as it is more full than any other, and contains the substance of all. We believe, that this extract, in connexion with that from the National Constitution, comprehends the whole of the Constitutional law of the country on the subject, and that is a fair expression of the public mind--of the political creed of the citizens of the United States, in regard to the particulars here represented.
We observe, then, that certain _specific_ modes of combined popular action for political purposes, are here licensed. Of course, we suppose it is fairly to be inferred, that the framers of these Constitutional laws did not intend to license _all_ and _any_ modes _whatever_ of popular action for public purposes. Such an assumption would be preposterous and absurd. It would be tantamount to the setting aside of all authority, and the dissolution of _one_ all government. On the contrary, the declaration, that _these_ modes are lawful, is an implied and virtual declaration, that _other_ modes are unlawful. We think there can be no mistake, and we trust, no difference of opinion, on this point. Because, if other mode be lawful, then _any_ and _all_ others are, and the rule falls to the ground--is good for nothing; it is, in that case, a mere mockery of legislation, and the community is left without law, and without government, in this particular.
Moreover, a consideration of the _occasion_ of this law goes to settle the question of its meaning and limitation: It was the common and known prohibition of these rights, under absolute and despotic governments, and more particularly under the Colonial administration of British law in America, that suggested these declarations of rights in the establishment of our independence, and which caused them to be adopted as parts of Constitutional and fundamental law. These rights were deemed sufficient, and they have always proved satisfactory. They have also been held very sacred. The people of this country would shed their most precious blood, before they would surrender them. It was an invaluable acquisition to liberty. And as this law is deemed sufficient, and has proved so by experience, we suppose it will be allowed to be equally important, that it should not be _transcended_, as that it should be _maintained_; and that a licentious _extension_ thereof is as criminal as an _abridgement_. It has every thing in it that a people can ask, who are free to choose their own legislators and magistrates. If the views of the public press, and the petitions and remonstrances of the people, carried forward to the Government, when they may see occasion for it, are not respected, the people know their remedy, and can effectually apply it at the polls. They have liberty of speech and of the press, the right of popular assemblages for the discussion of public interests and measures, and the right of petition, address, and remonstrance, guarantied to them; and to crown the whole, they are themselves the source of all law and government, always subjected to the will of the majority, in a Constitutional mode of action.
Now we ask, where is the license in the Constitutional law of this land for such a political machinery as the American Anti-Slavery Society? It cannot be found. Individuals are free to speak, write, and publish, what they please, on slavery, or any other subject--_they being responsible for the abuse of that liberty_. The people may assemble, _in a peaceable manner_, and discuss any subject that may be agreeable to them; they may pass any resolutions they may see fit, as an expression of their opinions or wishes; but the _only constitutional and lawful mode_ of popular action for political purposes, designed to influence the measures of the Government, or to effect any change in the laws, apart from the use of the elective franchise, is for the people to connect themselves with the proper authorities, by petition, or address, or remonstrance, unless they see reasons for abandoning their purpose. There is no license for a _permanent_ political organization, to act independently of the constituted authorities of the land; nor to act _with_ them. Government requires no such auxilliary; much less can it tolerate an _opponent_ of such a character. The Government is the _only_ permanent, political organization, which the Constitution recognises.
We are inclined to believe, that these statements will commend themselves to the common sense of all intelligent persons, and that this position will be admitted as indisputable. What! an independent political body _within_ the State, acting under a polity of its own, plotting and carrying on designs _against_ the State, and claiming the State’s protection, while it is enacting treason, if it chooses so to do! What an anomaly! Who ever dreamt that such a thing were possible? Who would think that it could be advocated and defended--maintained as a right? And yet, what else, and what less, is the American Anti-Slavery Society?
The wisdom of the Constitution, or Constitutions--for those of the States, and that of the nation, embody the same identical principles--in licensing such modes of political action as have been quoted, and in prohibiting all others, is obvious. If any association, or associations, of individuals, were at liberty to set up an independent political machinery, to be extended without limit, and to be managed without control or responsibility, there would be no safety for the constituted authorities of the States and Nation. They would be liable, at any time, to be undermined and overthrown by agencies under their own eyes. There is equal wisdom in prohibiting such combinations altogether; for there is no demand, there _can_ be no lawful occasion, for them in such a government as ours, where the people can always move, without let or hinderance, directly, towards the objects they desire, or which the majority desire, under the prescribed forms of the Constitution and laws. If it were allowable for the people to depart from these forms in one instance, they might do it in another; if in one degree, they might extend it at their own option; and there would be no end to it. Sedition and treason, in that case, would be authorised by law. But, most happily, the Constitutional law of this land has been minutely scrupulous in prohibiting all permanent political organizations, which are not created by itself, as parts of one great political fabric, asserting _sole_ empire over its own jurisdiction. We say, in _prohibiting_ them, as we have before shown, that the license given is equally a law of prohibition for all that is not licensed.
This wisdom is moreover apparent from the consideration, that by adhering to these forms, there is always a balance of influence against any attempts to injure, or impair, or overthrow the Government, Constitution, and laws of the land, or to surprise the public by the advantages acquired by political combinations of a permanent and organized character. The freedom of speech guaranteed to one citizen, is guaranteed to all. Hence, the private influence of one man on one side, is balanced by that of another on the other side, of the same question; and between the two, the chances are in favour of the right. The same remark applies to the influence of the press: there is always a balance of power, operating on the public, so long as the forms of the Constitution are observed. In the same manner, popular assemblies of one party and the other, so long as they keep within the Constitutional license, neutralize each other, in all their inordinate excesses, and afford a chance for the right to prevail. Whenever a petition, or address, or remonstrance is preferred to Government, in regard to which there is a difference of opinion, its undue influence will be counteracted by another. And so a salutary balance of power is maintained in all the Constitutional modes of political action.
But the moment the Constitutional license is transcended, as in the case of the American Anti-Slavery Society, this healthful balance of power is lost. Such an unconstitutional organization steals a march upon the public, and by the amazing power of its vast political machinery, assails the Constitution and laws of the country, with no rival influence to counteract it. While the rest of the people keep _within_ the laws, this combination has _transcended_ them, and occupies the field of its usurpation alone. There is no balance of influence any where, that can lawfully be employed, except in the strong arm of authority. The public, the Government, the world, have been taken by surprise. Here is an immense and powerful combination, that has suddenly leaped from the sphere of the religious world, brought with it a machinery which was manufactured in that sphere, seized upon affairs of State, usurped the business of State, and neither the public, nor the Government, seem yet to know which end, or how, head or tail, to take hold of the monster. It comes in shapes unknown, unrecognized before, and has pounced upon the political fabric of the nation, with an apparent determination to rend it asunder, and tear it down before the eyes of the world. Like as Satan, when he came with errand fatal to our race, from out Hell’s regions, and approached the gates that opened from that dark abyss, encountered and addressed his monster child, so the Government, not less amazed, seems also to say to this unexpected Apparition:
“Whence, and what art thou, execrable shape,
That durst, though grim and terrible, advance
Thy miscreated front athwart my way?”
But, we fear, that a like truce will not be made between these parties. Like as “SIN” gave her own history to her Father, so the world may yet be favoured with a philosophical account of this other monster, a part of which, peradventure, shall be found in these pages.
It is the perfectly anomalous character and position of the American Anti-Slavery Society, that has so embarrassed and overwhelmed the public mind, produced such a vast excitement, and frightened half the nation. Armed with a machinery hitherto unknown in the political world, it has broken through the bounds of law and the restraints of the Constitution, opened its artillery on both these departments of our political fabric, and so astounded the public, that few have yet learned how this audacious assault has been planned and executed, or what is the character of the enemy to be encountered. It is because, in this political crusade, the actors have thoroughly transcended the prescribed limits of Constitutional action, and entered a field untrodden before, in an unknown shape, that the public know not where to find them, or how to meet and take hold of them. The battle, hitherto, has been all their own; and it cannot be denied, that they have done execution, and stand responsible for infinite mischief. Neither is it any less certain, in our opinion, that, with all the advantage and power of their organization, if it should be recognized as lawful, and permitted by the public authorities of our country to go on, without check or control, they will revolutionize the Government, and divide the Union. All beyond this is uncertain, and fearfully so.
Suppose the Abolitionists had kept within the bounds of law, and contented themselves with that freedom of speech and of the press, with such public discussions, and with such petitions, addresses, and remonstrances to Government, as the Constitution authorises; suppose they had been as mild and Christian-like in their action on this subject, as the Quakers; their influence would then have distilled like the dew, fallen like the rain, and cheered the heart like the sun. In such a case, the subject could still have been discussed with reason and temperance, throughout the wide community, not excepting even the South; the South would not have been alarmed; the free colored population would not have been, as now, filled with all bitterness and malice; the amelioration of the condition of slaves would have continued and increased, as before, instead of that augmented rigour of discipline and surveillance to which the South has been compelled by these violent measures; the country would have remained in peace, and the whole subject would still have been open to free and candid discussion every where, and with every body. Whereas, the erection of this unconstitutional machinery, and the spirit with which it has been swayed, has put the whole Republic out of temper, and out of joint; has made pro-slavery men of one party, and fanatics of another; has unfitted the colored population, free and bond, for the culture of benevolence; has rivetted the chains of slavery with tenfold power, blighted the prospects, and thrown forward the period, of ultimate emancipation, for a time which baffles prophecy, unless, peradventure--which God forbid--this movement shall prevail to break down the Government, and let loose the spirit of fiends to desolate the land. The strife henceforth will be, not that of benevolence for the good of the slave--for the Abolitionists themselves are his most dangerous foes--but it will be between this organized sedition and the Government of the country--between the Constitution and a grand political faction. And all this as the consequence of departing from the wholesome regulations of law, of setting up a romantic sympathy as a substitute for true benevolence, and fanaticism for Christianity.
In view of the argument of this chapter, we trust we shall stand justified with all reasonable minds, for the heading we have placed over it, and for the title of the book. It has been from a conscientious conviction of the seditious character of the American Anti-slavery Society, that we have sat down to this task. The public generally have felt, that this association was warring against the supreme law of the land; but nobody has taken pains to set forth the argument by which it is proved. Every body has seen, that the tranquillity of the country has been disturbed, and a dissolution of the Union threatened, by the action of this Society; but the more common impression has been, that it is rather the result of rashness and imprudence, than the effect of an unlawful political combination. The popular disgust and indignation, with which some of the more outrageous proceedings of Abolitionists have been received, have arisen from a vague and undefined notion, that they were wrong--and wrong in relation to the Constitution and laws of the land; but, we think, that the true position, and proper political character of this Society, as being seditious, has not generally been perceived. If, indeed, we are right in the views here presented, we hope they may be the means of enlightening the public. Abolitionists themselves, especially the most active and determined, we have little hope of benefitting; else, we might have studied more to humour their prejudices, and gain them over to reason. We have rather been convinced, that the greatness and danger of the error demand a somewhat decided and vigorous treatment. We have observed with pain, that the people of the South are getting more and more into the feeling and conviction, that a dissolution of the Union will be necessary for their own protection. In so far, therefore, as the people of the North would deprecate such a result, it is most desirable, that they should thoroughly understand the position and character of the Abolition organization, in order that they may be prepared to appreciate and treat it according to its merits. If, indeed, it is a sedition, and can be clearly proved to be such, to the satisfaction of the public, can it be supposed, that it would continue to have the same moral power, even with its own advocates? Will not many of them shrink from the thought of being traitors to their country; and more especially when they shall have occasion to see, as by this time they ought to see, that, in such a course, they are rivetting, instead of breaking, the chains of slavery, unless they succeed in plunging the nation into a civil war, which ought to be still more revolting to their feelings? How much more should such a conviction arm that portion of the Northern public, who have never fallen into this delusion, with zeal and determination to vindicate the honor of their country, and maintain its laws, not, indeed, by a persecution of those who have been led astray, but by showing, in all suitable ways, their unyielding attachment to the Constitution and Government, in its unavoidable struggle against such an unlawful combination, and by convincing the people of the South, that there is a sympathy in the North, that will not abandon them in the trying and perilous condition, into which they have been thrown by this seditious movement?
And would we advise an authoritative suppression of this sedition? We say not, that we would. Ours is a Government of forbearance, because it is the Government of the people. As we have reason to suppose, that the public generally have not even yet discovered the true position of the Anti-slavery Society, in relation to the Constitution, much less can we presume to say, that the members of that Society, as a body, have ever imagined, that they were involved in the responsibility of seditious action against the Government of their country. We charitably believe, that for the most part, their benevolent sympathies have been worked upon by the exaggerated statements and high colored pictures of more artful, of ambitious, and less innocent men; and that, when left to choose between sedition and the Union, they will unhesitatingly prefer the latter, even though the former, if it had been a lawful enterprise, might still seem to them a worthy and desirable object. But, if the extremity must unavoidably come, to dissolve the Union and the Government, or encounter this movement by the strong arm of authority, with our present views of its seditious character, we cannot entertain a doubt, on which side it would be our duty to engage. Nevertheless, our confidence in the good sense of the people, leads us to hope for better things.
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Abolition a Sedition, by a Northern ManChapter II
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