Chapter LXII: Book III: Great Speeches on Great Issues (13)

Return, then, Americans of the North, from the paths of error to which in an evil hour fierce passions and indignation have seduced you, to the sound position of the American party—silence on the slavery agitation. Leave the territories as they are—to the operation of natural causes. Prevent aggression by excluding from power the aggressors, and there will be no more wrong to redress. Awake the national spirit to the danger and degradation of having the balance of power held by foreigners. Recall the warnings of Washington against foreign influence—here in our midst—wielding part of our sovereignty; and with these sound words of wisdom let us recall the people from paths of strife and error to guard their peace and power; and when once the mind of the people is turned from the slavery agitation, that party which waked the agitation will cease to have power to disturb the peace of the land.

This is the great mission of the American party. The first condition of success is to prevent the administration from having a majority in the next Congress; for, with that, the agitation will be resumed for very different objects. The Ostend manifesto is full of warning; and they who struggle over Kansas may awake and find themselves in the midst of an agitation compared to which that of Kansas was a summer’s sea; whose instruments will be, not words, but the sword.

Joshua R. Giddings Against the Fugitive Slave Law.

_In the House of Representatives, April 25, 1848._

“Why, sir, I never saw a panting fugitive speeding his way to a land of freedom, that an involuntary invocation did not burst from my lips, that God would aid him in his flight! Such are the feelings of every man in our free states, whose heart has not become hardened in iniquity. I do not confine this virtue to Republicans, nor to Anti-Slavery men; I speak of all men, of all parties, in all Christian communities. Northern Democrats feel it; they ordinarily bow to this higher law of their natures, and they only prove recreant to the law of the ‘Most High,’ when they regard the interests of the Democratic party as superior to God’s law and the rights of mankind.

“Gentlemen will bear with me when I assure them and the President that I have seen as many as nine fugitives dining at one time in my own house—fathers, mothers, husbands, wives, parents, and children. When they came to my door, hungry and faint, cold and but partially clad, I did not turn round to consult the Fugitive Law, nor to ask the President what I should do. I knew the constitution of my country, and would not violate it. I obeyed the divine mandate, to feed the hungry and clothe the naked. I fed them. I clothed them, gave them money for their journey, and sent them on their way rejoicing. I obeyed God rather than the President. I obeyed my conscience, the dictates of my heart, the law of my moral being, the commands of Heaven, and, I will add, the constitution of my country; for no man of intelligence ever believed that the framers of that instrument intended to involve their descendants of the free states in any act that should violate the teachings of the Most High, by seizing a fellow-being, and returning him to the hell of slavery. If that be treason, make the most of it.

“MR. BENNETT, of Mississippi. I want to know if the gentleman would not have gone one step farther?

“MR. GIDDINGS. Yes, sir; I would have gone one step farther. I would have driven the slave-catcher who dared pursue them from my premises. I would have kicked him from my door-yard, if he had made his appearance there; or, had he attempted to enter my dwelling, I would have stricken him down upon the threshold of my door.

Robert Toombs on Slavery,

_At Tremont Temple, Boston, January 24th, 1856_.

In 1790 there were less than seven hundred thousand slaves in the United States; in 1850 the number exceeded three and one quarter millions. The same authority shows their increase, for the ten years preceding the last census, to have been above twenty-eight per cent., or nearly three per cent. per annum, an increase equal, allowing for the element of foreign immigration, to the white race, and nearly three times that of the free blacks of the North. But these legal rights of the slave embrace but a small portion of the privileges actually enjoyed by him. He has, by universal custom, the control of much of his own time, which is applied, at his own choice and convenience, to the mechanic arts, to agriculture, or to some other profitable pursuit, which not only gives him the power of purchase over many additional necessaries of life, but over many of its luxuries, and in numerous cases, enables him to purchase his freedom when he desires it. Besides, the nature of the relation of master and slave begets kindnesses, imposes duties (and secures their performance), which exist in no other relation of capital and labor. Interest and humanity co-operate in harmony for the well-being of slave labor. Thus the monster objection to our institution of slavery, that it deprives labor of its wages, cannot stand the test of a truthful investigation. A slight examination of the true theory of wages, will further expose its fallacy. Under a system of free labor, wages are usually paid in money, the representative of products—under ours, in products themselves. One of your most distinguished statesmen and patriots, President John Adams, said that the difference to the state was “imaginary.” “What matters it (said he) whether a landlord, employing ten laborers on his farm, gives them annually as much money as will buy them the necessaries of life, or gives them those necessaries at short hand?” All experience has shown that if that be the measure of the wages of labor, it is safer for the laborer to take his wages in products than in their fluctuating pecuniary value. Therefore, if we pay in the necessaries and comforts of life more than any given amount of pecuniary wages will buy, then our laborer is paid higher than the laborer who receives that amount of wages. The most authentic agricultural statistics of England show that the wages of agricultural and unskilled labor in that kingdom, not only fail to furnish the laborer with the comforts of our slave, but even with the necessaries of life; and no slaveholder could escape a conviction for cruelty to his slaves who gave his slave no more of the necessaries of life for his labor than the wages paid to their agricultural laborers by the noblemen and gentlemen of England would buy. Under their system man has become less valuable and less cared for than domestic animals; and noble dukes will depopulate whole districts of men to supply their places with sheep, and then with intrepid audacity lecture and denounce American slaveholders.

The great conflict between labor and capital, under free competition, has ever been how the earnings of labor shall be divided between them. In new and sparsely settled countries, where land is cheap, and food is easily produced, and education and intelligence approximate equality, labor can successfully struggle in this warfare with capital. But this is an exceptional and temporary condition of society. In the Old World this state of things has long since passed away, and the conflict with the lower grades of labor has long since ceased. There the compensation of unskilled labor, which first succumbs to capital, is reduced to a point scarcely adequate to the continuance of the race. The rate of increase is scarcely one per cent. per annum, and even at that rate, population, until recently, was considered a curse; in short, capital has become the master of labor, with all the benefits, without the natural burdens of the relation.

In this division of the earnings of labor between it and capital, the southern slave has a marked advantage over the English laborer, and is often equal to the free laborer of the North. Here again we are furnished with authentic data from which to reason. The census of 1850 shows that, on the cotton estates of the South, which is the chief branch of our agricultural industry, one-half of the arable lands are annually put under food crops. This half is usually wholly consumed on the farm by the laborers and necessary animals; out of the other half must be paid all the necessary expenses of production, often including additional supplies of food beyond the produce of the land, which usually equals one-third of the residue, leaving but one-third for net rent. The average rent of land in the older non-slaveholding states is equal to one-third of the gross product, and it not unfrequently amounts to one-half of it (in England it is sometimes even greater), the tenant, from his portion, paying all expenses of production and the expenses of himself and family. From this statement it is apparent that the farm laborers of the South receive always as much, and frequently a greater portion of the produce of the land, than the laborer in the New or Old England. Besides, here the portion due the slave is a charge upon the whole product of capital and the capital itself; it is neither dependent upon seasons nor subject to accidents, and survives his own capacity for labor, and even the ruin of his master.

But it is objected that religious instruction is denied the slave—while it is true that religious instruction and privileges are not enjoined by law in all of the states, the number of slaves who are in connection with the different churches abundantly proves the universality of their enjoyment of those privileges. And a much larger number of the race in slavery enjoy the consolations of religion than the efforts of the combined Christian world have been able to convert to Christianity out of all the millions of their countrymen who remained in their native land.

The immoralities of the slaves, and of those connected with slavery, are constant themes of abolition denunciation. They are lamentably great; but it remains to be shown that they are greater than with the laboring poor of England, or any other country. And it is shown that our slaves are without the additional stimulant of want to drive them to crime—we have at least removed from them the temptation and excuse of hunger. Poor human nature is here at least spared the wretched fate of the utter prostration of its moral nature at the feet of its physical wants. Lord Ashley’s report to the British Parliament shows that in the capital of that empire, perhaps within the hearing of Stafford House and Exeter Hall, hunger alone daily drives its thousands of men and women into the abyss of crime.

It is also objected that our slaves are debarred the benefits of education. This objection is also well taken, and is not without force. And for this evil the slaves are greatly indebted to the abolitionists. Formerly in none of the slaveholding states was it forbidden to teach slaves to read and write; but the character of the literature sought to be furnished them by the abolitionists caused these states to take counsel rather of their passions than their reason, and to lay the axe at the root of the evil; better counsels will in time prevail, and this will be remedied. It is true that the slave, from his protected position, has less need of education than the free laborer, who has to struggle for himself in the warfare of society; yet it is both useful to him, his master, and society.

The want of legal protection to the marriage relation is also a fruitful source of agitation among the opponents of slavery. The complaint is not without foundation. This is an evil not yet removed by law; but marriage is not inconsistent with the institution of slavery as it exists among us, and the objection, therefore, lies rather to an incident than to the essence of the system. But in the truth and fact marriage does exist to a very great extent among slaves, and is encouraged and protected by their owners; and it will be found, upon careful investigation, that fewer children are born out of wedlock among slaves than in the capitals of two of the most civilized countries of Europe—Austria and France; in the former, one-half of the children are thus born; in the latter, more than one-fourth. But even in this we have deprived the slave of no pre-existing right. We found the race without any knowledge of or regard for the institution of marriage, and we are reproached with not having as yet secured to it that, with all other blessings of civilization. To protect that and other domestic ties by laws forbidding, under proper regulations, the separation of families, would be wise, proper, and humane; and some of the slaveholding states have already adopted partial legislation for the removal of these evils. But the objection is far more formidable in theory than in practice. The accidents and necessities of life, the desire to better one’s condition, produce infinitely a greater amount of separation in families of the white than ever happens to the colored race. This is true even in the United States, where the general condition of the people is prosperous. But it is still more marked in Europe. The injustice and despotism of England towards Ireland has produced more separation of Irish families, and sundered more domestic ties within the last ten years, than African slavery has effected since its introduction into the United States. The twenty millions of freemen in the United States are witnesses of the dispersive injustice of the Old World. The general happiness, cheerfulness, and contentment of slaves attest both the mildness and humanity of the system and their natural adaptation to their condition. They require no standing armies to enforce their obedience; while the evidence of discontent, and the appliances of force to repress it, are everywhere visible among the toiling millions of the earth; even in the northern states of this Union, strikes and mobs, unions and combinations against employers, attest at once the misery and discontent of labor among them. England keeps one hundred thousand soldiers in time of peace, a large navy, and an innumerable police, to secure obedience to her social institutions; and physical force is the sole guarantee of her social order, the only cement of her gigantic empire.

I have briefly traced the condition of the African race through all ages and all countries, and described it fairly and truly under American slavery, and I submit that the proposition is fully proven, that his position in slavery among us is superior to any which he has ever attained in any age or country. The picture is not without shade as well as light; evils and imperfections cling to man and all of his works, and this is not exempt from them.

Judah P. Benjamin, of Louisiana,

_On Slave Property, in U. S. Senate, March 11, 1858_.

Examine your Constitution; are slaves the only species of property there recognized as requiring peculiar protection? Sir, the inventive genius of our brethren of the north is a source of vast wealth to them and vast benefit to the nation. I saw a short time ago in one of the New York journals, that the estimated value of a few of the patents now before us in this Capitol for renewal was $40,000,000. I cannot believe that the entire capital invested in inventions of this character in the United States can fall short of one hundred and fifty or two hundred million dollars. On what protection does this vast property rest? Just upon that same constitutional protection which gives a remedy to the slave owner when his property is also found outside of the limits of the state in which he lives.

Without this protection what would be the condition of the northern inventor? Why, sir, the Vermont inventor protected by his own law would come to Massachusetts, and there say to the pirate who had stolen his property, “render me up my property, or pay me value for its use.” The Senator from Vermont would receive for answer, if he were the counsel of this Vermont inventor, “Sir, if you want protection for your property go to your own state; property is governed by the laws of the state within whose jurisdiction it is found; you have no property in your invention outside of the limits of your state; you cannot go an inch beyond it.” Would not this be so? Does not every man see at once that the right of the inventor to his discovery, that the right of the poet to his inspiration, depends upon those principles of eternal justice which God has implanted in the heart of man, and that wherever he cannot exercise them, it is because man, faithless to the trust that he has received from God, denies them the protection to which they are entitled?

Sir, follow out the illustration which the Senator from Vermont himself has given; take his very case of the Delaware owner of a horse riding him across the line into Pennsylvania. The Senator says: “Now, you see that slaves are not property like other property; if slaves were property like other property, why have you this special clause in your constitution to protect a slave? You have no clause to protect the horse, because horses are recognized as property everywhere.” Mr. President, the same fallacy lurks at the bottom of this argument, as of all the rest. Let Pennsylvania exercise her undoubted jurisdiction over persons and things within her own boundary; let her do as she has a perfect right to do—declare that hereafter, within the state of Pennsylvania, there shall be no property in horses, and that no man shall maintain a suit in her courts for the recovery of property in a horse; and where will your horse owner be then? Just where the English poet is now; just where the slaveholder and the inventor would be if the Constitution, foreseeing a difference of opinion in relation to rights in these subject-matters, had not provided the remedy in relation to such property as might easily be plundered. Slaves, if you please, are not property like other property in this: that you can easily rob us of them; but as to the _right_ in them, that man has to overthrow the whole history of the world, he has to overthrow every treatise on jurisprudence, he has to ignore the common sentiment of mankind, he has to repudiate the authority of all that is considered sacred with man, ere he can reach the conclusion that the person who owns a slave, in a country where slavery has been established for ages, has no other property in that slave than the mere title which is given by the statute law of the land where it is found.

William Lloyd Garrison Upon the Slavery Question.

“Tyrants! confident of its overthrow, proclaim not to your vassals, that the American Union is an experiment of freedom, which, if it fails, will forever demonstrate the necessity of whips for the backs, and chains for limbs of people. Know that its subversion is essential to the triumph of justice, the deliverance of the oppressed, the vindication of the brotherhood of the race. It was conceived in sin, and brought forth in iniquity; and its career has been marked by unparalleled hypocrisy, by high-handed tyranny, by a bold defiance of the omniscience and omnipotence of God. Freedom indignantly disowns it, and calls for its extinction; for within its borders are three millions of slaves, whose blood constitutes its cement, whose flesh forms a large and flourishing branch of its commerce, and who are ranked with four-footed beasts and creeping things. To secure the adoption of the constitution of the United States, first, that the African slave trade—till that time a feeble, isolated, colonial traffic—should, for at least twenty years, be prosecuted as a national interest, under the American flag, and protected by the national arm; secondly, that slavery holding oligarchy, created by allowing three-fifths of the slaveholding population to be represented by their taskmasters, should be allowed a permanent seat in congress; thirdly, that the slave system should be secured against internal revolt and external invasion, by the united physical force of the country; fourthly, that not a foot of national territory should be granted, on which the panting fugitive from slavery might stand, and be safe from his pursuers, thus making every citizen a slave-hunter and slave catcher. To say that this ‘covenant with death’ shall not be annulled—that this ‘agreement with hell’ shall continue to stand—that this refuge of lies shall not be swept away—is to hurl defiance at the eternal throne, and to give the lie to Him that sits thereon. It is an attempt, alike monstrous and impracticable, to blend the light of heaven with the darkness of the bottomless pit, to unite the living with the dead, to associate the Son of God with the Prince of Evil. Accursed be the American Union, as a stupendous, republican imposture!”

* * * * *

“I am accused of using hard language. I admit the charge. I have been unable to find a soft word to describe villainy, or to identify the perpetrator of it. The man who makes a chattel of his brother—what is he? The man who keeps back the hire of his laborers by fraud—what is he? They who prohibit the circulation of the Bible—what are they? They who compel three millions of men and women to herd together like brute beasts—what are they? They who sell mothers by the pound, and children in lots to suit purchasers—what are they? I care not what terms are applied to them, provided they do apply. If they are not thieves, if they are not tyrants, if they are not men stealers, I should like to know what is their true character, and by what names they may be called. It is as mild an epithet to say that a thief is a thief, as to say that a spade is a spade. Words are but the signs of ideas. ‘A rose by any other name would smell as sweet.’ Language may be misapplied, and so be absurd or unjust; as for example, to say that an abolitionist is a fanatic, or that a slaveholder is an honest man. But to call things by their right names is to use neither hard nor improper language. Epithets may be rightly applied, it is true, and yet be uttered in a hard spirit, or with a malicious design. What then? Shall we discard all terms which are descriptive of crime, because they are not always used with fairness and propriety? He who, when he sees oppression, cries out against it—who, when he beholds his equal brother trodden under foot by the iron hoof of despotism, rushes to his rescue—who, when he sees the weak overborne by the strong, takes his side with the former, at the imminent peril of his own safety—such a man needs no certificate to the excellence of his temper, or the sincerity of his heart, or the disinterestedness of his conduct. Or is the apologist of slavery, he who can see the victim of thieves lying bleeding and helpless on the cold earth, and yet turn aside, like the callous-hearted priest or Levite, who needs absolution. Let us call tyrants, _tyrants_; not to do so is to misuse language, to deal treacherously with freedom, to consent to the enslavement of mankind. It is neither amiable nor virtuous, but a foolish and pernicious thing, not to call things by their right names. ‘Woe unto them,’ says one of the world’s great prophets, ‘that call evil good, and good evil;’ that put darkness for light, and light for darkness; that put bitter for sweet, and sweet for bitter.”

Theodore Parker Against the Fugitive Slave Law.

_His Protest Against the Return of Simms by the U. S. Commissioner at
Boston._

“Come with me, my friends, a moment more, pass over this golgotha of human history, treading reverent as you go, for our feet are on our mother’s graves, and our shoes defile our father’s hallowed bones. Let us not talk of them; go farther on, look and pass by. Come with me into the inferno of the nations, with such poor guidance as my lamp can lend. Let us disquiet and bring up the awful shadows of empires buried long ago, and learn a lesson from the tomb.” “Come, old Assyria, with the Ninevitish dove upon thy emerald crown! what laid thee low? ‘I fell by my own injustice. Thereby Nineveh and Babylon came with me also to the ground.’” “Oh, queenly Persia, flame of the nations, wherefore art thou so fallen, who troddest the people under thee, bridgest the Hellespont with ships, and pouredst thy temple-wasting millions on the world? Because I trod the people under me, and bridged the Hellespont with ships, and poured my temple-wasting millions on the western world, I fell by my own misdeeds.” “Thou muse-like Grecian queen, fairest of all thy classic sisterhood of states, enchanting yet the world with thy sweet witchery, speaking in art and most seductive song, why liest thou there, with beauteous yet dishonored brow, reposing on thy broken harp? ‘I scorned the law of God; banished and poisoned wisest, justest men; I loved the loveliness of thought, and treasured that in more than Parian speech. But the beauty of justice, the loveliness of love, I trod them down to earth! Lo, therefore have I become as those barbarian states—as one of them!’” “Oh, manly and majestic Rome, thy seven-fold mural crown all broken at thy feet, why art thou here? It was not injustice brought thee low; for thy great book of law is prefaced with these words—justice is the unchanged, everlasting will to give each man his right! ‘It was not the saint’s ideal; it was the hypocrite’s pretense.’ I made iniquity my law. I trod the nations under me. Their wealth gilded my palaces—where thou mayest see the fox and hear the owl—it fed my courtiers and my courtesans. Wicked men were my cabinet counselors, the flatterer breathed his poison in my ear. Millions of bondsmen wet the soil with tears and blood. Do you not hear it crying yet to God? Lo, here have I my recompense, tormented with such downfall as you see! Go back and tell the new-born child who sitteth on the Alleghanies, laying his either hand upon a tributary sea, a crown of thirty stars upon his youthful brow—tell him that there are rights which states must keep, or they shall suffer wrongs! Tell him there is a God who keeps the black man and the white, and hurls to earth the loftiest realm that breaks his just, eternal law! Warn the young empire, that he come not down dim and dishonored to my shameful tomb! Tell him that justice is the unchanging, everlasting will to give each man his right. I knew it, broke it, and am lost. Bid him know it, keep it, and be safe.”

* * * * *

_The same speaker protests against the return of Simms._

“Where shall I find a parallel with men who will do such a deed—do it in Boston? I will open the tombs and bring up most hideous tyrants from the dead. Come, brood of monsters, let me bring up from the deep damnation of the graves wherein your hated memories continue for all time their never-ending rot. Come, birds of evil omen! come, ravens, vultures, carrion crows, and see the spectacle! come, see the meeting of congenial souls! I will disturb, disquiet, and bring up the greatest monsters of the human race! Tremble not, women! They cannot harm you now! Fear the living, not the dead!”

Come hither, Herod, the wicked. Thou that didst seek after that young child’s life, and destroyed the innocents! Let me look on thy face! No, go! Thou wert a heathen! Go, lie with the innocents thou hast massacred. Thou art too good for this company! “Come, Nero; thou awful Roman emperor, come up! No, thou wast drunk with power! schooled in Roman depravity. Thou hadst, besides, the example of thy fancied gods. Go, wait another day. I will seek a worse man.

“Come hither, St. Dominic! come, Torquemada; fathers of the Inquisition! merciless monsters, seek your equal here. No; pass by. You are no companion for such men as these. You were the servants of the atheistic popes, of cruel kings. Go to, and get you gone. Another time I may have work for you—now, lie there, and persevere to rot. You are not yet quite wicked and corrupt enough for this comparison. Go, get you gone, lest the sun goes back at sight of ye!

“Come up, thou heap of wickedness, George Jeffries! thy hands deep purple with the blood of thy fellow-men. Ah! I know thee, awful and accursed shade! Two hundred years after thy death men hate thee still, not without cause. Look me upon thee! I know thy history. Pause, and be still, while I tell to these men. * * * Come, shade of judicial butcher. Two hundred years, thy name has been pillowed in face of the world, and thy memory gibbeted before mankind. Let us see how thou wilt compare with those who kidnap men in Boston. Go, seek companionship with them. Go, claim thy kindred if such they be. Go, tell them that the memory of the wicked shall rot; that there is a God; an eternity; ay, and a judgment, too, where the slave may appeal against him that made him a slave, to Him that made him a man.

“What! Dost thou shudder? Thou turn back! These not thy kindred! Why dost thou turn pale, as when the crowd clutched at thy life in London street? Forgive me, that I should send thee on such an errand, or bid thee seek companionship with such—with Boston hunters of the slave! Thou wert not base enough! It was a great bribe that tempted thee! Again, I say, pardon me for sending thee to keep company with such men! Thou only struckest at men accused of crime; not at men accused only of their birth! Thou wouldst not send a man into bondage for two pounds! I will not rank thee with men who, in Boston, for ten dollars, would enslave a negro now! Rest still, Herod! Be quiet, Nero! Sleep, St. Dominic, and sleep, O Torquemada, in your fiery jail! Sleep, Jeffries, underneath ‘the altar of the church’ which seeks, with Christian charity to hide your hated bones!”

William H. Seward’s Speech on the Higher Law.

_In the U. S. Senate, March 11, 1850._

“But it is insisted that the admission of California shall be attended by a COMPROMISE of questions which have arisen out of SLAVERY! I AM OPPOSED TO ANY SUCH COMPROMISE IN ANY AND ALL THE FORMS IN WHICH IT HAS BEEN PROPOSED. Because, while admitting the purity and the patriotism of all from whom it is my misfortune to differ, I think all legislative compromises radically wrong, and essentially vicious. They involve the surrender of the exercise of judgment and the conscience on distinct and separate questions, at distinct and separate times, with the indispensable advantages it affords for ascertaining the truth. They involve a relinquishment of the right to reconsider in future the decision of the present, on questions prematurely anticipated. And they are a usurpation as to future questions of the providence of future legislators.

“Sir, it seems to me as if slavery had laid its paralyzing hand upon myself, and the blood were coursing less freely than its wont through my veins, when I endeavor to suppose that such a compromise has been effected, and my utterance forever is arrested upon all the great questions, social, moral, and political, arising out of a subject so important, and yet so incomprehensible. What am I to receive in this compromise? Freedom in California. It is well; it is a noble acquisition; it is worth a sacrifice. But what am I to give as an equivalent? A recognition of a claim to perpetuate slavery in the District of Columbia; forbearance towards more stringent laws concerning the arrest of persons suspected of being slaves found in the free States; forbearance from the PROVISO of freedom in the charter of new territories. None of the plans of compromise offered demand less than two, and most of them insist on all these conditions. The equivalent then is, some portion of liberty, some portion of human rights in one region for liberty in another.”

“It is true indeed that the national domain is ours. It is true it was acquired by the valor and the wealth of the whole nation. But we hold, _nevertheless_, no arbitrary power over it. We hold no arbitrary power over anything, whether acquired by law or seized by usurpation. The constitution regulates our stewardship; the constitution devotes the domain to union, to justice, to welfare and to liberty. _But there is a higher law than the constitution, which regulates our authority over the domain, and devotes it to the same noble purpose._ The territory is a part, no inconsiderable part of the common heritage of mankind, bestowed upon them by the Creator of the universe. We are his stewards, and must so discharge our trust, as to secure in the highest attainable degree their happiness. This is a State, and we are deliberating for it, just as our fathers deliberated in establishing the institutions we enjoy. Whatever superiority there is in our condition and hopes over those of any other ‘kingdom’ or ‘estate,’ is due to the fortunate circumstance that our ancestors did not leave things to ‘take their chances’ but that they ‘added amplitude and greatness’ to our commonwealth ‘by introducing such ordinances, constitutions, and customs as were wise.’ We in our turn have succeeded to the same responsibilities, and we cannot approach the duty before us wisely or justly, except we raise ourselves to the great consideration of how we can most certainly ‘sow greatness to our posterity and successors.’

“And now the simple, bold, and awful question which presents itself to us is this: shall we, who are founding institutions, social and political, for countless millions; shall we, who know by experience the wise and just, and are free to choose them, and to reject the erroneous and unjust; shall we establish human bondage, or permit it by our sufferance to be established? Sir, our forefathers would not have hesitated an hour. They found slavery existing here, and they left it only because they could not remove it. There is not only no free State which would now establish it, but there is no slave State which, if it had had the free alternative, as we now have, would have founded slavery. Indeed, our revolutionary predecessors had precisely the same question before them in establishing an organic law, under which the States of Ohio, Michigan, Illinois, Wisconsin, and Iowa have since come into the Union, and they solemnly repudiated and excluded slavery from those States forever.”

Charles Sumner on the Fallibility of Judicial Tribunals.

Let me here say that I hold judges, and especially the Supreme Court of the country, in much respect; but I am too familiar with the history of Judicial proceedings to regard them with any superstitious reverence. Judges are but men and in all ages have shown a full share of frailty. Alas! alas! the worst crimes of history have been perpetrated under their sanction. The blood of martyrs and of patriots, crying from the ground, summons them to judgment.

It was a judicial tribunal which condemned Socrates to drink the fatal hemlock, and which pushed the Saviour barefoot over the pavements of Jerusalem, bending beneath his cross. It was a judicial tribunal which, against the testimony and entreaties of her father, surrendered the fair Virginia as a slave; which arrested the teachings of the great apostle to the Gentiles, and sent him in bonds from Judea to Rome; which, in the name of the _old_ religion, adjured the saints and fathers of the Christian Church to death, in all its most dreadful forms; and which afterwards in the name of the _new_ religion, enforced the tortures of the Inquisition, amidst the shrieks and agonies of its victims, while it compelled Galileo to declare, in solemn denial of the great truth he had disclosed, that the earth did not move round the sun.

It was a judicial tribunal which, in France, during the long reign of her monarchs, lent itself to be the instrument of every tyranny, as during the brief reign of terror it did not hesitate to stand forth the unpitying accessory of the unpitying guillotine. Ay, sir, it was a judicial tribunal in England, surrounded by all the forms of law, which sanctioned every despotic caprice of Henry the eighth, from the unjust divorce of his queen to the beheading of Sir Thomas Moore; which lighted the fires of persecution, that glowed at Oxford and Smithfield, over the cinders of Latimer, Ridley, and John Rodgers; which, after elaborate argument, upheld the fatal tyranny of ship money against the patriotic resistance of Hampden; which, in defiance of justice and humanity, sent Sydney and Russell to the block; which persistently enforced the laws of conformity that our Puritan Fathers persistently refused to obey; and which afterwards, with Jeffries on the bench, crimsoned the pages of English history with massacre and murder, even with the blood of innocent women. Ay, sir, and it was a judicial tribunal in _our_ country, surrounded by all the forms of law, which hung witches at Salem, which affirmed the constitutionality of the Stamp Act, while it admonished “jurors and the people” to obey; and which now, in our day, has lent its sanction to the unutterable atrocity of the Fugitive Slave Law.

Galusha A. Grow’s Speech on the Homestead Bill.

_In the House of Representatives, March 30, 1852. “Man’s Right to the
Soil.”_

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But even if the Government could derive any revenue from the actual sale of public lands, it is neither just nor sound policy to hold them for that purpose. Aware, however, that it is a poor place, under a one hour rule, to attempt to discuss any of the natural rights of men, for, surrounded by the authority of ages, it becomes necessary, without the time to do it, first to brush away the dust that has gathered upon their errors. Yet it is well sometimes to go back of the authority of books and treatises, composed by authors reared and educated under monarchical institutions, and whose opinions and habits of thought consequently were more or less shaped and moulded by such influences, and examine, by the light of reason and nature, the true foundation of government and the inherent rights of men.

The fundamental rights of man may be summed up in two words—Life and Happiness. The first is the gift of the Creator, and may be bestowed at his pleasure; but it is not consistent with his character for benevolence, that it should be bestowed for any other purpose than to be enjoyed, and that we call happiness. Therefore, whatever nature has provided for preserving the one, or promoting the other, belongs alike to the whole race. And as the means for sustaining life are derived almost entirely from the soil, every person has a right to so much of the earth’s surface as is necessary for his support. To whatever unoccupied portion of it, therefore, he shall apply his labor for that purpose, from that time forth it becomes appropriated to his own exclusive use; and whatever improvements he may make by his industry become his property, and subject to his disposal.

The only true foundation of any right to property is man’s labor. That is property, and that alone which the labor of man has made such. What right, then, can the Government have in the soil of a wild and uncultivated wilderness as a source of revenue, to which not a day nor hour’s labor has been applied, to make it more productive, and answer the end for which it was created, the support and happiness of the race?

It is said by the great expounder of the common law in his commentaries, that “there is no foundation in nature or natural law, why a set of words upon parchment should convey the dominion of land.” The use and occupancy alone gives to man, in the language of the commentaries, “an exclusive right to retain, in a permanent manner, that specific land which before belonged generally to everybody, but particularly to nobody.” * * *

It may be said, true, such would be man’s right to the soil in a state of nature; but when he entered into society, he gave up part of his natural rights, in order to enjoy the advantages of an organized community. This is a doctrine, I am aware, of the books and treatises on society and government; but it is a doctrine of despotism, and belongs not to enlightened statesmen in a liberal age. It is the excuse of the despot in encroaching upon the rights of the subject. He admits the encroachment, but claims that the citizen gave up part of his natural rights when he entered into society; and who is to judge what ones he relinquished but the ruling power? It was not necessary that any of man’s natural rights should be yielded to the state in the formation of society. He yielded no right, but the right to do wrong, and that he never had by nature. All that he yielded in entering into organized society, was a portion of his unrestrained liberty, which was, that he would submit his conduct, that before was subject to the control of no living being, to the tribunals to be established by the state, and with a tacit consent that society, or the Government, might regulate the mode and manner of the exercise of his rights. Why should he consent to be deprived of them? It is upon this ground that we justify resistance to tyrants. Whenever the ruling power so far encroaches upon the natural rights of men that an appeal to arms becomes preferable to submission, they appeal from human to divine laws, and plead the natural rights of man in their justification. That government, and that alone, is just, which enforces and defends all of man’s natural rights, and protects him against the wrongs of his fellow-men. But it may be said, although such might be the natural rights of men, yet the Government has a right to these lands, and may use them as a source of revenue, under the doctrine of eminent domain. * * *

What is there in the constitution of things giving to one individual the sole and exclusive right to any of the bounties provided by nature for the benefit and support of the whole race, because, perchance, he was the first to look upon a mere fragment of creation? By the same process of reasoning, he who should first discover the source or mouth of a river, would be entitled to a monopoly of the waters that flow in the channel, or he who should first look upon one of the rills or fountains of the earth might prevent fainting man from quenching there his thirst, unless his right was first secured by parchment.

Why has the claim to monopolize any of the gifts of God to man been confined, by legal codes, to the soil alone? Is there any other reason than that it is a right which, having its origin in feudal times—under a system that regarded man but as an appendage of the soil that he tilled, and whose life, liberty and happiness, were but means of increasing the pleasures, pampering the passions and appetites of his liege lord—and, having once found a place in the books, it has been retained by the reverence which man is wont to pay to the past, and to time-honored precedents? The human mind is so constituted that it is prone to regard as right what has come down to us approved by long usage, and hallowed by gray age. It is a claim that had its origin with the kindred idea that royal blood flows only in the veins of an exclusive few, whose souls are more ethereal, because born amid the glitter of courts, and cradled amid the pomp of lords and courtiers, and, therefore, they are to be installed as rulers and law-givers of the race. Most of the evils that afflict society have had their origin in violence and wrong enacted into law by the experience of the past, and retained by the prejudices of the present.

Is it not time to sweep from the statute book its still lingering relics of feudalism; and to blot out the principles engrafted upon it by the narrow-minded policy of other times, and adapt the legislation of the country to the spirit of the age, and to the true ideas of man’s rights and relations to his Government? If a man has a right on earth, he has a right to land enough to rear a habitation on. If he has a right to live, he has a right to the free use of whatever nature has provided for his sustenance—air to breathe, water to drink, and land enough to cultivate for his subsistence; for these are the necessary and indispensable means for the enjoyment of his inalienable rights of “life, liberty and the pursuit of happiness.” And is it for a Government that claims to dispense equal and exact justice to all classes of men, and that has laid down correct principles in its great chart of human rights, to violate those principles and its solemn declarations in its legislative enactments?

The struggle between capital and labor is an unequal one at best. It is a struggle between the bones and sinews of men, and dollars and cents. And in that struggle, is it for the government to stretch forth its arm to aid the strong against the weak? Shall it continue, by its legislation, to elevate and enrich idleness on the wail and woe of industry?

If the rule be correct as applied to governments as well as individuals, that whatever a person permits another to do, having the right and means to prevent it, he does himself, then indeed is the government responsible for all the evils that may result from speculation and land monopoly in the public domain. For it is not denied that Congress has the power to make any regulations for the disposal of these lands, not injurious to the general welfare. Now, when a new tract is surveyed, and you open the land office and expose it to sale, the man with the most money is the largest purchaser. The most desirable and available locations are seized upon by the capitalists of the country, who seek that kind of investment. The settler who chances not to have a pre-emption right, or to be there at the time of sale, when he comes to seek a home for himself and his family, must pay the speculator three or four hundred per cent. on his investment, or encounter the trials and hardships of a still more remote border life. And thus, under the operation of laws that are called equal and just, you take from the settler three or four dollars per acre, and put it in the pocket of the speculator—thus, by the operation of law, abstracting so much of his hard earnings for the benefit of capital; for not an hour’s labor has been applied to the land since it was sold by the government, nor is it more valuable to the settler. Has not the laborer a right to complain of legislation that compels him to endure greater toils and hardships, or contribute a portion of his earnings for the benefit of the capitalist? But not upon the capitalist or the speculator is it proper that the blame should fall. Man must seek a livelihood and do business under the laws of the country; and whatever rights he may acquire under the laws, though they may be wrong, yet the well-being of society requires that they be respected and faithfully observed. If a person engage in a business legalized and regulated by the law, and uses no fraud or deception in its pursuit, and evils result to the community, let them apply the remedy to the proper source—that is to the law-making power. The laws and the law-makers are responsible for whatever evils necessarily grow out of their enactments.

While the public lands are exposed to indiscriminate sale, as they have been since the organization of the government, it opens the door to the wildest system of _land monopoly_. It requires no lengthy dissertation to portray its evils. In the Old World its history is written in sighs and tears. Under its influence, you behold in England, the proudest and most splendid aristocracy, side by side with the most abject and destitute people; vast manors hemmed in by hedges as a sporting-ground for her nobility, while men are dying beside the enclosure for the want of land to till. Thirty thousand proprietors hold the title deeds to the soil of Great Britain, while in Ireland alone there are two and a half millions of tenants who own no part of the land they cultivate, nor can they ever acquire a title to a foot of it, yet they pay annually from their hard earnings twenty millions of dollars to absentee landlords for the privilege of dying on their soil. Under its blighting influence you behold industry in rags and patience in despair. Such are some of the fruits of land monopoly in the Old World; and, shall we plant its seeds in the virgin soil of the New? * * *

If you would raise fallen man from his degradation, elevate the servile from their grovelling pursuits to the rights and dignity of men, you must first place within their reach the means for satisfying their pressing physical wants, so that religion can exert its influence on the soul, and soothe the weary pilgrim in his pathway to the tomb. It is in vain you talk of the goodness and benevolence of an _Omniscient Ruler_ to him, whose life from the cradle to the grave is one continued scene of pain, misery and want. Talk not of free agency to him whose only freedom is to choose his own method to die. In such cases, there might, perhaps, be some feeble conceptions of religion and its duties—of the infinite, everlasting, and pure; but unless there be a more than common intellect, they would be like the dim shadows that float in the twilight. * * *

Riches, it is true, are not necessary to man’s real enjoyment; but the means to prevent starvation are. Nor is a splendid palace necessary to his real happiness; but a shelter against the storm and winter’s blast is.

If you would lead the erring back from the paths of vice and crime to virtue and honor, give him a home—give him a hearth-stone, and he will surround it with household gods. If you would make men wiser and better, relieve the almshouse, close the doors of the penitentiary, and break in pieces the gallows, purify the influences of the domestic fireside. For that is the school in which human character is formed, and there its destiny is shaped. There the soul receives its first impress, and man his first lesson, and they go with him for weal or woe through life. For purifying the sentiments, elevating the thoughts, and developing the noblest impulses of man’s nature, the influences of a moral fireside and agricultural life are the noblest and the best. * * *

It was said by Lord Chatham, in his appeal to the House of Commons, in 1775, to withdraw the British troops from Boston, that “trade, indeed, increases the glory and wealth of a country; but its true strength and stamina are to be looked for in the cultivators of the land. In the simplicity of their lives is found the simpleness of virtue, the integrity and courage of freedom. These true, genuine sons of the soil are invincible.”

The history of American prowess has recorded these words as prophetic: man, in defence of his hearth-stone and fireside, is invincible against a world of mercenaries. In battling for his home and all that is dear to him on earth, he is never conquered save with his life. In such a struggle every pass becomes a Thermopylæ, every plain a Marathon. With an independent yeomanry scattered over our vast domain, the “young eagle” may bid defiance to the world in arms. Even though a foe should devastate our seaboard, lay in ashes its cities, they have made not one single advance towards conquering the country; for from the interior comes its hardy yeomanry, with their hearts of oak and nerves of steel, to expel the invader. Their hearts are the citadel of a nation’s power—their arms the bulwarks of liberty.

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