Chapter X: Part 10

If I enter now into analysis of Slavery, and say familiar things, it is because such exposition is an essential link in the present inquiry. Looking carefully at Slavery as it is, we find that it is not merely a single gross pretension, utterly inadmissible, but an aggregation of gross pretensions, all and each utterly inadmissible. They are five in number: first, the pretension of property in man; secondly, the denial of the marriage relation,--for slaves are “coupled” only, and not married; thirdly, the denial of the paternal relation; fourthly, the denial of instruction; and, fifthly, the appropriation of all the labor of the slave and its fruits by the master. Such are the five essential elements which we find in Slavery; and this fivefold barbarism, so utterly indefensible in every point, is maintained for the single purpose of compelling labor without wages. Of course such a pretension is founded in force, and nothing else. It begins with the kidnapper in Guinea or Congo, traverses the sea with the pirate slave-trader in his crowded hold, and is continued here by virtue of laws representing and embodying the same brutal force that prevailed in the kidnapper and the pirate slave-trader. Slavery, wherever it exists, is the triumph of force, sometimes in the strong arm of an individual, and sometimes in the strong arm of law, but in principle always the same. Depending upon force, he is master who happens to be stronger,--so that, if the slave were stronger, he would be master, and the master would be slave. Beyond all doubt, according to reason and justice, every slave possesses the same right to enslave his master that his master possesses to enslave him. If this simple statement of unquestionable principles needed confirmation, it would be found in the solemn judgments of courts. Here, for instance, are the often quoted words of Mr. Justice McLean, of the Supreme Court of the United States: “Slavery is admitted by almost all who have examined the subject to be founded in wrong, in oppression, in _power_ against _right_.”[217] And here are the words of the Supreme Court of North Carolina: “Such services [of a slave] can only be expected from one who has no will of his own, who surrenders his will in implicit obedience to that of another. Such obedience is the consequence only of _uncontrolled authority over the body_. There is nothing else which can operate to produce the effect.”[218] And the Supreme Court of the United States, by the lips of Chief Justice Marshall, has openly declared, in a famous case, read the other day by the Senator from Kentucky [Mr. DAVIS], that “Slavery has its origin in _force_.”[219] Thus does it appear by most authoritative words, that this monstrous Barbarism is derived not from reason, or nature, or justice, or goodness, but from _force_, and nothing else.

Here in the national capital, under the exclusive jurisdiction of Congress, the FORCE which now maintains this unnatural system is supplied by Congress. Without Congress the “uncontrolled authority” of the master would cease. Without Congress the master would not be master, nor would the slave be slave. Congress, then, in existing legislation, is the power behind, which enslaves our fellow-men. Therefore does it behoove Congress, by proper, instant action, to relieve itself of this painful responsibility.

The responsibility becomes more painful, when it is considered that Slavery exists at the national capital absolutely without support of any kind in the Constitution: and here again I answer the Senator from Kentucky [Mr. DAVIS]. Nor is this all. Situated within the exclusive jurisdiction of the Constitution, where State rights cannot prevail, it exists in open defiance of most cherished principles. Let the Constitution be rightly interpreted by a just tribunal, and Slavery must cease here at once. The decision of a court would be as potent as an Act of Congress. And now, as I confidently assert this conclusion, which bears so directly on the present question, pardon me, if I express the satisfaction with which I recur to an earlier period, shortly after I entered the Senate, when, vindicating the principle now accepted, but then disowned, that _Freedom and not Slavery is National_, I insisted upon its application to Slavery everywhere within the exclusive jurisdiction of the Constitution, and declared that Congress might as well undertake to make a king as to make a slave.[220] That argument has never been answered; it cannot be answered. Nor can I forget that this same conclusion, having such important bearings, was maintained by Mr. Chase, while a member of this body, in that masterly effort where he unfolded the relations of the National Government to Slavery,[221] and also by the late Horace Mann, in a most eloquent and exhaustive speech in the other House, where no point is left untouched to show that Slavery in the national capital is an _outlaw_.[222] Among all the speeches in the protracted discussion of Slavery, I know none more worthy of profound study than those two, so different in character and yet so harmonious in result. If authority could add to irresistible argument, it would be found in the well-known opinion of the late Mr. Justice McLean, in a published letter, declaring the constitutional impossibility of Slavery in the National Territories, because, in the absence of express power under the Constitution to establish or recognize Slavery, there was nothing for the breath of Slavery, as respiration could not exist where there was no atmosphere. The learned judge was right, and his illustration was felicitous. Although applied at the time only to the Territories, it is of equal force everywhere within the exclusive jurisdiction of Congress; for within such jurisdiction there is no atmosphere in which Slavery can live.

If this question were less important, I should not occupy time with its discussion. But we may learn to detest Slavery still more, when we see how completely it instals itself here in utter disregard of the Constitution, compelling Congress ignobly to do its bidding. The bare existence of such a barbarous injustice in the metropolis of a Republic gloriously declaring that “all men are entitled to life, liberty, and the pursuit of happiness,” is a mockery which may excite surprise; but when we bring it to the touchstone of the Constitution, and consider the action of Congress, surprise is deepened into indignation.

* * * * *

How, Sir, was this foothold secured? When and by what process did the National Government, solemnly pledged to Freedom, undertake to maintain the Slave-Master here in the exercise of that _force_, or “unrestrained power” which swings the lash, fastens the chain, robs the wages, sells the child, and tears the wife from the husband? A brief inquiry will show historically how it occurred: and here again I answer the Senator from Kentucky.

The sessions of the Revolutionary Congress were held, according to the exigencies of war or the convenience of members, at Philadelphia, Baltimore, Lancaster, York, Princeton, Annapolis, Trenton, and New York. An insult at Philadelphia from a band of mutineers caused an adjournment to Princeton, in 1783, which was followed by the discussion, from time to time, of the question of a permanent seat of government. On the 7th of October, 1783, a motion was made by Mr. Gerry, of Massachusetts, “That buildings for the use of Congress be erected on the banks of the Delaware, near Trenton, or of the Potomac, near Georgetown, provided a suitable district can be procured on one of the rivers as aforesaid for a federal town, and that the right of soil, and an exclusive or such other jurisdiction as Congress may direct, shall be vested in the United States.”[223] Thus did the first proposition of a national capital within the exclusive jurisdiction of Congress proceed from a representative of Massachusetts. The subject of Slavery at that time attracted little attention; but at a later day, in the Constitutional Convention, this same honored representative showed the nature of the jurisdiction which he would claim, according to the following record: “Mr. Gerry thought we had nothing to do with the conduct of the States as to slaves, _but ought to be careful not to give any sanction to it_.”[224] In these words will be found our own cherished principle, _Freedom National, Slavery Sectional_, expressed with homely and sententious simplicity. There is something grateful and most suggestive in the language employed, “we ought to be careful not to give any sanction to it.” In the first Congress under the Constitution, the same representative, during the debate on the Slave-Trade, gave further expression to this same conviction, when he said that “he highly commended the part the Society of Friends had taken; it was the cause of humanity they had interested themselves in.”[225]

The proposition of Mr. Gerry in reference to a national capital, after assuming various forms, subsided. But in 1785 three commissioners were appointed “to lay out a district of not less than two nor exceeding three miles square, on the banks of either side of the Delaware, not more than eight miles above or below the lower falls thereof, for a federal town.”[226] At the Congress which met at New York two years later, unsuccessful efforts were made to substitute the Potomac for the Delaware. The commissioners, though appointed, never entered upon their business. At last, by the adoption of the Constitution, the subject was presented in a new form, under the following clause: “The Congress shall have power to exercise exclusive legislation, in all cases whatsoever, over such district, not exceeding ten miles square, as may, by cession of particular States, and the acceptance of Congress, become the seat of government of the United States.” From the records of the Convention it does not appear that this clause occasioned debate. But it broke out in the earliest Congress. Virginia and Maryland, each, by acts of their respective Legislatures, tendered the ten miles square, while similar propositions were made by citizens of Pennsylvania and New Jersey. After long and animated discussion, Germantown, in Pennsylvania, was on the point of being adopted, when the subject was postponed till the next session. Havre de Grace and Wright’s Ferry, both on the Susquehanna, Baltimore, on the Patapsco, and Connogocheague, on the Potomac, divided opinions. In the course of the debate, Mr. Gerry, who had first proposed the Potomac, now opposed it. He pronounced it highly unreasonable to fix the seat of government where nine States out of the thirteen would be to the northward, and adverted to the sacrifice the Northern States were ready to make in going as far south as Baltimore. An agreement seemed impossible, when the South suddenly achieved one of those political triumphs by which its predominance in the National Government was established.

Pending at this time was the great and trying proposition to assume the State debts, which, being at first defeated through Southern votes, was at last carried by a “compromise,” according to which the seat of government was placed on the Potomac, thus settling the much vexed question. Mr. Jefferson, in a familiar account, thus sketches the “compromise.”

“It was observed that this pill [the assumption of the State
debts] would be peculiarly bitter to the Southern States, _and
that some concomitant measure should be adopted to sweeten
it a little to them_. There had before been propositions
to fix the seat of government either at Philadelphia or at
Georgetown on the Potomac, and it was thought that by giving it
to Philadelphia for ten years, and to Georgetown permanently
afterwards, this might, as an anodyne, calm in some degree the
ferment which might be excited by the other measure alone. So
two of the Potomac members (White and Lee, but White with a
revulsion of stomach almost convulsive) agreed to change their
votes, and Hamilton undertook to carry the other point.”[227]

Such was one of the earliest victories of Slavery in the name of “Compromise.” It is difficult to estimate the evil consequences thus entailed upon the country.

The bill establishing the seat of government, having already passed the Senate, was adopted by the House of Representatives, after vehement debate and many calls of the yeas and nays, by a vote of thirty-two to twenty-nine, on the 9th of July, 1790. A district of territory, not exceeding ten miles square, on the river Potomac, was accepted for the permanent seat of the Government of the United States: “_Provided, nevertheless_, that the operation of the laws of the State within such district shall not be affected by this acceptance, until the time fixed for the removal of the Government thereto, _and until Congress shall otherwise by law provide_.”[228] Here, it will be seen, was a positive saving of the laws of the States for a limited period, so far as Congress had power to save them, within the exclusive jurisdiction of the Constitution; but there was also complete recognition of the power of Congress to change these laws, and an implied promise to assume the “exclusive legislation in all cases whatsoever” contemplated by the Constitution.

In response to this Act of Congress, Maryland, by formal act, ceded the territory now constituting the District of Columbia “in full and absolute right, and exclusive jurisdiction, as well of soil as of persons residing or to reside thereon,”--provided that the jurisdiction of Maryland “shall not cease or determine, _until Congress shall by law provide for the government thereof_.”[229]

In pursuance of this contract between the United States of the one part and Maryland of the other part, expressed in solemn statutes, the present seat of government was occupied in November, 1800, when Congress proceeded to assume that complete jurisdiction conferred in the Constitution, by enacting, on the 27th of February, 1801, “that the laws of the State of Maryland, _as they now exist_, shall be and continue in force in that part of the said District which was ceded by that State to the United States, and by them accepted for the permanent seat of government.”[230] Thus at one stroke all existing laws of Maryland were adopted by Congress in gross, and from that time forward became the laws of the United States at the national capital. Although known historically as laws of Maryland, they ceased at once to be laws of that State, for they draw their vitality from Congress alone, under the Constitution of the United States, as completely as if every statute had been solemnly reënacted. And now we see precisely how Slavery obtained its foothold.

Among the statutes of Maryland thus solemnly reënacted in gross was the following, originally passed as early as 1715, in colonial days.

“All negroes and other slaves already imported or hereafter
to be imported into this province, and all children now born
or hereafter to be born of such negroes and slaves, shall be
slaves during their natural lives.”[231]

Slavery cannot exist without barbarous laws in its support. Maryland, accordingly, in the spirit of Slavery, added other provisions, also reënacted by Congress in the same general bundle, of which the following is an example.

“_No negro or mulatto slave_, free negro or mulatto born of a
white woman, during his time of servitude by law, … _shall be
admitted and received as good and valid evidence in law, in
any matter_ or thing whatsoever depending before any court of
record or before any magistrate within this province, _wherein
any Christian white person is concerned_.”[232]

At a later day the following kindred provision was added, in season to be reënacted by Congress in the same code.

“No slave manumitted agreeably to the laws of this State …
shall be entitled … to give evidence against any white person,
or shall be recorded as competent evidence to manumit any slave
petitioning for freedom.”[233]

And such is the law for Slavery at the national capital.

It will be observed that the original statute which undertakes to create Slavery in Maryland does not attaint the blood beyond two generations. It is confined to “all negroes and other slaves,” and their “children,” “during their natural lives.” These are slaves, but none others, unless a familiar rule of interpretation is reversed, and such words are extended rather than restrained. And yet it is by virtue of this colonial statute, with all its ancillary barbarism, adopted by Congress, that slaves are still held at the national capital. It is true that at the time of its adoption there were few slaves here to whom it was applicable. For ten years previous, the present area of Washington, according to received tradition, contained hardly five hundred inhabitants, all told, and these were for the most part laborers distributed in houses merely for temporary accommodation. But all these musty, antediluvian, wicked statutes, of which you have seen a specimen, took their place at once in the national legislation, and under their supposed authority slaves multiplied, and Slavery became a national institution. And it now continues only by virtue of this Slave Code borrowed from early colonial days, which, though flagrantly inconsistent with the Constitution, has never yet been repudiated by Court or Congress.

I have said that this Slave Code, even assuming it applicable to slaves beyond the “natural lives” of two generations, is flagrantly inconsistent with the Constitution. On this point the argument is so plain that it may be shown like a diagram.

Under the Constitution, Congress has “exclusive legislation in all cases whatsoever” at the national capital. The cession by Maryland was without condition, and the acceptance by Congress was also without condition; so that the territory fell at once within this exclusive jurisdiction. But Congress can exercise no power except in conformity with the Constitution. Its exclusive jurisdiction in all cases whatsoever is controlled and limited by the Constitution, out of which it is derived. Now, looking at the Constitution, we find, first, that there are no words authorizing Congress to establish or recognize Slavery, and, secondly, that there are positive words which prohibit Congress from the exercise of any such power. The argument, therefore, is twofold: first, from the absence of authority, and, secondly, from positive prohibition.

Of course, a barbarism like Slavery, having its origin in force and nothing else, can have no legal or constitutional support except from positive sanction. It can spring from no doubtful phrase. It must be declared by unambiguous words, incapable of a double sense. Here I repeat an argument which I have presented before, when on other occasions arraigning the pretensions of Slavery under the Constitution, but which, so long as Slavery claims immunity, cannot be allowed to drop out of sight. It begins with the great words of Lord Mansfield, who, in the memorable case of Somerset, said: “The state of Slavery is of such a nature that it is incapable of being introduced on any reasons, moral or political, but only by _positive law_.… It is so odious that nothing can be suffered to support it but POSITIVE LAW.”[234] This principle has been adopted by tribunals even in slaveholding States.[235] But I do not stop to dwell on these authorities. Even the language, “exclusive legislation in all cases whatsoever,” cannot be made to sanction Slavery. It wants those positive words, leaving nothing to implication, which are obviously required, especially when we consider the professed object of the Constitution, as declared in its Preamble, to “establish justice and secure the blessings of liberty.” There is no power in the Constitution to make a king, or, thank God, to make a slave; and the absence of all such power is hardly more clear in one case than in the other. The word _king_ nowhere occurs in the Constitution, nor does the word _slave_. But if there be no such power, then all Acts of Congress sustaining Slavery at the national capital must be unconstitutional and void. The stream cannot rise higher than the fountain head; nay, more, _nothing can come out of nothing_; and if there be nothing in the Constitution authorizing Congress to make a slave, there can be nothing valid in any subordinate legislation. It is a pretension which has thus far prevailed simply because Slavery predominated over Congress and courts.

To all who insist that Congress may sustain Slavery in the national capital I put the question, Where in the Constitution is the power found? If you cannot show where, do not assert the power. So hideous an effrontery must be authorized in unmistakable words. But where are the words? In what article, clause, or line? They cannot be found. I challenge their production. Insult not human nature by pretending that its most cherished rights can be sacrificed without solemn authority. Remember that every presumption and every leaning must be in favor of Freedom and against Slavery. Remember, too, that no nice interpretation, no strained construction, no fancied deduction, can suffice to sanction the enslavement of our fellow-men. And do not degrade the Constitution by foisting upon its blameless text the idea of property in man. It is not there; and if you think you see it there, it is simply because you make the Constitution a reflection of yourself.

A single illustration will show the absurdity of this pretension. If, under the clause giving to Congress “exclusive legislation” at the national capital, Slavery may be established, and under these words Congress is empowered to create slaves instead of citizens, then, under the same words, it may do the same thing in the “forts, magazines, arsenals, dock-yards, and other needful buildings” belonging to the United States, wherever situated, for these are all placed within the same “exclusive legislation.” The extensive navy-yard at Charlestown, in the very shadow of Bunker Hill, may be filled with slaves, with enforced toil to take the place of that cheerful, well-paid labor whose busy hum is the best music of the place. Such an act, however consistent with slaveholding tyranny, would not be regarded as constitutional at Bunker Hill.

If there were any doubt on this point, and the absence of all authority were not perfectly clear, the prohibitions of the Constitution would settle the question. It is true that Congress has “exclusive legislation” within the District; but the prohibitions to grant titles of nobility, to pass _ex post facto_ laws, to pass bills of attainder, and to establish religion, are unquestionable limitations of this power. There is also another limitation, equally unquestionable. It is found in an Amendment proposed by the First Congress, on the recommendation of several States, as follows:--

“No PERSON shall be deprived of life, LIBERTY, or property,
without _due process of law_.”

This prohibition, according to the Supreme Court, is obligatory on Congress.[236] It is also applicable to all claimed as slaves; for, in the eye of the Constitution, every human being within its sphere, whether Caucasian, Indian, or African, from the President to the slave, is a _person_. Of this there is no question. But a remarkable incident of history confirms the conclusion. As originally recommended by Virginia, North Carolina, and Rhode Island, this proposition was restricted to the _freeman_. Its language was,--

“No _freeman_ ought to be deprived of his life, _liberty_, or
property, but by the law of the land.”[237]

Of course, if the word _freeman_ had been adopted, this clause would be restricted in its effective power. Deliberately rejecting this limitation, the authors of the Amendment recorded their purpose that no _person_, within the national jurisdiction, of whatever character, shall be deprived of _liberty_ without due process of law. The latter words are borrowed from Magna Charta, and they mean without due presentment, indictment, or other judicial proceedings. But Congress, undertaking to support Slavery at the national capital, enacts that _persons_ may be deprived of liberty there without any presentment, indictment, or other judicial proceedings. Therefore every _person_ now detained as a slave in the national capital is detained in violation of the Constitution. Not only is his liberty taken without due process of law, but, since he is tyrannically despoiled of all the fruits of his industry, his property also is taken without due process of law. You talk sometimes of guaranties of the Constitution. Here is an unmistakable guaranty, and I hold you to it.

Bringing the argument together, the conclusion may be briefly stated. The five-headed barbarism of Slavery, beginning in violence, can have no legal or constitutional existence, unless through positive words expressly authorizing it. As no such positive words are found in the Constitution, all legislation by Congress supporting Slavery must be unconstitutional and void, while it is made still further impossible by positive words of prohibition guarding the liberty of every _person_ within the exclusive jurisdiction of Congress.

A court properly inspired, and ready to assume that just responsibility which dignifies judicial tribunals, would at once declare Slavery impossible at the national capital, and set every slave free,--as Lord Mansfield declared Slavery impossible in England, and set every slave free. The two cases are parallel; but, alas! the court is wanting here. The legality of Slavery in England was affirmed in professional opinions by the ablest lawyers; it was also affirmed on the bench. England was a Slave State, and even its newspapers were disfigured with advertisements for the sale of human beings, while the merchants of London, backed by great names in the law, sustained the outrage. Then appeared Granville Sharp, the philanthropist, who, pained by the sight of Slavery, and especially shocked by the brutality of a slave-hunt in the streets of London, was aroused to question its constitutionality in England. For two years he devoted himself to anxious study of the British Constitution in all its multifarious records. His conclusion is expressed in these precise words: “The word _slaves_, or anything that can justify the enslaving of others, is not to be found there, God be thanked!”[238] Thus encouraged, he persevered. By his generous exertions the negro Somerset, claimed as a slave by a Virginia gentleman then in London, was defended, and the Court of King’s Bench compelled to that immortal judgment by which Slavery was forever expelled from England, and the early boast of the British Constitution became a practical verity. More than fourteen thousand persons, held as slaves on British soil--four times as many as are now found in the national capital--became instantly free, without price or ransom.

The good work that our courts thus far decline remains to be done by Congress. Slavery, which is a scandalous anomaly and anachronism here, must be made to disappear from the national capital,--if not in one way, then in another. A judgment of court would be simply on the question of constitutional right, without regard to policy. But there is no consideration of right or of policy, from the loftiest principle to the humblest expediency, which may not properly enter into the conclusion of Congress. The former might be the triumph of the magistrate,--the latter must be that of the statesman. But whether from magistrate or from statesman, it will constitute an epoch in history.

* * * * *

But the question is asked, Shall we vote money for this purpose? I cannot hesitate. Two considerations are with me prevailing. First, the relation of master and slave at the national capital has from the beginning been established and maintained by Congress everywhere in sight, and even directly under its own eyes. The master held the slave; but Congress, with strong arm, stood behind the master, looking on and sustaining. Not a dollar of wages has been taken, not a child stolen, not a wife torn from her husband, without the hand of Congress. If not partnership, there is complicity on the part of Congress, through which the whole country has become responsible for the manifold wrong. Though always protesting against its continuance, and laboring earnestly for its removal, yet gladly do I accept my share of the prospective burden. And, secondly, even if not all involved in the manifold wrong, nothing is clearer than that the mode proposed is the gentlest, quietest, and surest in which the beneficent change can be accomplished. It is therefore the most practical. It recognizes Slavery as an existing fact, and provides for its removal. And when I think of the unquestionable good we seek, of all its great advantages, of the national capital redeemed, of the national character elevated, and of the righteous example we shall set, and when I think, still further, that, according to a rule alike of jurisprudence and morals, _Liberty is priceless_, I cannot hesitate at any appropriation within our means by which all these things of incalculable value can be promptly secured.

As I find no reason of policy adverse to such appropriation, so do I find no objection in the Constitution. I am aware that it is sometimes asked, Where in the Constitution is the power to make such appropriation? But nothing is clearer than that, under the words conferring “exclusive legislation in all cases whatsoever,” Congress may create freemen, although it may not create slaves. And of course it may exercise all the powers necessary to this end, whether by a simple act of emancipation or a vote of money. If there could be any doubt on this point, it would be removed, when we reflect that the abolition of Slavery, with all the natural incidents of such an act, has been constantly recognized as within the sphere of legislation. It was so regarded by Washington, who, in a generous letter to Lafayette, dated May 10, 1786, said: “It certainly might and assuredly ought to be effected, and that, too, by _legislative_ authority.”[239] Through legislative authority Slavery has been abolished in State after State of our Union, and also in foreign countries. I have yet to learn that the power of Congress for this purpose at the national capital is less complete than that of any other legislative body within its own jurisdiction.

* * * * *

But, while not doubting the power of Congress in any of its incidents, I prefer to consider the money we pay as in the nature of _ransom_ rather than _compensation_, so that Freedom shall be _acquired_ rather than _purchased_; and I place it at once under the sanction of that commanding charity proclaimed by prophets and enjoined by apostles, which all history recognizes and the Constitution cannot impair. From time immemorial every Government has undertaken to ransom from captivity, and sometimes a whole people has felt the general resources well bestowed in the ransom of its prince. Religion and humanity have both concurred in this duty as more than usually sacred. “The ransom of captives is a great and excellent office of justice,” exclaims one of the early Fathers. And the pious St. Ambrose insisted upon breaking up even the sacred vessels of the Church, saying: “The ornament of the sacraments is the redemption of captives.”

Among the most beautiful incidents of the early Church is that of St. Ambrose. There had been hesitation, but the divine Emancipationist broke forth: “What! you will not sell the vessels of gold, and you leave for sale the living vessels of the Lord! The ornament of the sacraments is the redemption of captives. Let the cup ransom from the enemy him whom the blood ransoms from sin.”[240] Happily, this spirit prevailed. At the report of Christians compelled to wear out their days as captives in Algiers, Tunis, or Morocco, or, it might be, among the Moors of Spain or the merchants of Genoa and Venice, it assumed practical form. Two Frenchmen, Jean de Matha and Pierre Nolasque, born on the coast of the Mediterranean, conceived the idea of a special order vowed to the redemption of Christian slaves. The first founded, in 1199, the order of the Holy Trinity, known often as Mathurins; the second, acting under the patronage of Spain, founded the order of Our Lady of Mercy. Upon both these orders Bishops and Popes bestowed approbation and encouragement, while, for more than six centuries, they devoted themselves to this Christian charity, often, according to the vow assumed, giving themselves as hostages for the ransomed captive. It is related, that, in 1655, the Order of Mercy in Algiers alone ransomed more than twelve thousand slaves, leaving in pledge a large number of its members, faithful to the vow, “_In Saracenorum potestate in pignus, si necesse fuerit ad redemptionem Christi fidelium, detentus manebo_.” Thus did these pious fathers give not only money, but themselves.[241]

The duty thus commended has been exercised by the United States under important circumstances, with the coöperation of the best names of our history, so as to be beyond question. The instance may not be familiar, but it is decisive, while, from beginning to end, it is full of instruction.

Who has not heard of the Barbary States, and of the pretension put forth by them to enslave white Christians? Algiers was the chief seat of this enormity, which, through the insensibility or incapacity of Christian States, was allowed to continue for generations. Good men and great men were degraded to be captives, while many, neglected by fortune, perished in barbarous Slavery. Even in our colonial days, there were Americans whose fate, while in the hands of these slave-masters, excited general sympathy. Only by ransom was their freedom obtained. Perhaps no condition was more calculated to arouse indignant rage. And yet the disposition so common to palliate Slavery in the National Capital showed itself with regard to Slavery in Algiers; and, indeed, the same arguments to soften public opinion have been employed in the two instances. The parallel is so complete, that I require all your trust to believe that what I read is not an apology for Slavery here. Thus, a member of a diplomatic mission from England, who visited Morocco in 1785, says of the Slavery which he saw: “It is very slightly inflicted”; and “as to any labor undergone, it does not deserve the name.”[242] And another earlier traveller, after describing the comfortable condition of the white slaves, adds, in words to which we are accustomed: “I am sure we saw several captives who lived much better in Barbary than ever they did in their own country.… Whatever money in charity was ever sent them by their friends in Europe was their own.… And yet this is called insupportable slavery among Turks and Moors! But we found this, as well as many other things in this country, strangely misrepresented.”[243] A more recent French writer asserts, with a vehemence to which we are habituated from the partisans of Slavery among us, that the white slaves at Algiers were not exposed to the miseries which they represented; that they were well clad and well fed, _much better than the free Christians there_; that special care was bestowed upon those who became ill; and that some were allowed such privileges as to become indifferent to freedom, and even to prefer Algiers to their own country.[244] Believe me, Sir, in stating these things I simply follow history; and I refer to the volume and page or chapter of the authorities which I quote, that the careful inquirer may see that they relate to Slavery abroad, and not to Slavery at home. If I continue to unfold this strange, eventful story, it will be to exhibit _the direct and constant intervention of Congress for the ransom of slaves_; but the story itself is an argument against Slavery, pertinent to the present occasion, which I am not unwilling to adopt.

Scarcely was national independence established, when we were aroused to fresh efforts for the protection of enslaved citizens. Within three years no less than ten American vessels were seized. At one time an apprehension prevailed that Dr. Franklin, on his way home from France, had been captured. “We are waiting,” said one of his French correspondents, “with the greatest impatience to hear from you. The newspapers have given us anxiety on your account, for some of them insist that you have been taken by the Algerines, while others pretend that you are at Morocco, enduring your slavery with all the patience of a philosopher.”[245] Though this apprehension happily proved without foundation, it soon became known that other Americans, less distinguished, but entitled to all the privileges of new-born citizenship, were suffering in cruel captivity. At once the sentiments of the people were enlisted in their behalf. Newspapers pleaded, while the corsairs were denounced sometimes as “infernal crews,” and sometimes as “human harpies.” But it was through the stories of victims who had succeeded in escaping from bondage that the people were most aroused. As these fugitive slaves touched our shores, they were welcomed with outspoken sympathy. Glimpses opened through them into the dread regions of Slavery gave a harrowing reality to all that conjecture or imagination had pictured. True, indeed, it was that our own white brethren, entitled like ourselves to all the rights of manhood, were degraded in unquestioning obedience to an arbitrary taskmaster, sold at the auction-block, worked like beasts of the field, and galled by the manacle and lash. As the national power seemed yet inadequate to compel their liberation, it was attempted by ransom.

Generous efforts at Algiers were organized under the direction of our minister at Paris, and the famous _Society of Redemption_, having its origin in the thirteenth century, offered aid. Our agents were blandly entertained by the great slave-dealer, the Dey, who informed them that he was familiar with the exploits of Washington, and, as he never expected to set eyes on this hero of Freedom, expressed a hope, that, through Congress, he might receive a full-length portrait of him, to be displayed in the palace at Algiers. Amidst such professions the Dey still clung to his American slaves, holding them at prices beyond the means of the agents, who were not authorized to exceed two hundred dollars a head,--being not unlike in amount that proposed in the present bill; and I beg to call the attention of the Senator from Maine [Mr. MORRILL], who has the bill in charge, to the parallel.

Their redemption engaged the attention of the National Government early after the adoption of the Constitution. It was first brought before Congress by petition, of which we find the following record.

“_Friday, May 14, 1790._--A petition from sundry citizens
of the United States, captured by the Algerines, and now
in slavery there, was presented, praying the interposition
of Congress in their behalf. Referred to the Secretary of
State.”[246]

An interesting report on the situation of these captives was made to the President by the Secretary of State, December 28, 1790, where he sets forth the efforts for their redemption at such prices as would not “raise the market,”--it being regarded as important, that, in “the first instance of a redemption by the United States, our price should be fixed at the lowest point.”[247] I quote the precise words of this document, which will be found in the State Papers of the country, and I call special attention to them as applicable to the present moment. Our price should be fixed at the lowest point, and we should do nothing to raise the market. The parallel becomes more complete, when it is known that the white slaves at Algiers were about the same in number with the black slaves at Washington whose redemption is now proposed. The report of Mr. Jefferson was laid before Congress, with the following brief message from the President.

“UNITED STATES, December 30, 1790.

“_Gentlemen of the Senate and House of Representatives_:--

“I lay before you a report of the Secretary of State on the
subject of the citizens of the United States in captivity at
Algiers, that you may provide on their behalf what to you shall
seem most expedient.

“GEO. WASHINGTON.”[248]

It does not appear that there was question in any quarter with regard to the power of Congress. The broad recommendation of the President was to provide on behalf of the slaves what should seem most expedient.

Another report from the Secretary of State, entitled “Mediterranean Trade,” and communicated to Congress December 30, 1790, relates chiefly to the same matter. In this document are different estimates with regard to the price at which our fellow-citizens might be ransomed and peace purchased. One person, who had long resided at Algiers, put the price at sixty or seventy thousand pounds sterling: this was the lowest estimate. Another, also long, and still, a resident there, said that it could not be less than a million dollars,--which is the sum proposed in the present bill. Mr. Jefferson, after considering the subject at some length, concludes as follows.

“Upon the whole, it rests with Congress to decide between war,
tribute, and ransom.… If war, they will consider how far our
own resources shall be called forth.… If tribute or ransom, it
will rest with them to limit and provide the amount, and with
the Executive, observing the same constitutional forms, to make
arrangements for employing it to the best advantage.”[249]

Among the papers accompanying the report is a letter from Mr. Adams, minister at London, from which I take important words.

“It may be reasonably concluded that this great affair cannot
be finished for much less than two hundred thousand pounds
sterling.”[250]

This is the very sum now needed for our great affair.

In pursuance of these communications, the Senate tendered its advice to the President in a resolution.

“_Resolved_, That the Senate advise and consent that the
President of the United States take such measures as he may
think necessary for the redemption of the citizens of the
United States now in captivity at Algiers: _Provided_, The
expense shall not exceed forty thousand dollars; and also that
measures be taken to confirm the treaty now existing between
the United States and the Emperor of Morocco.”[251]

In a subsequent message, February 22, 1791, the President said:--

“I will proceed to take measures for the ransom of our citizens
in captivity at Algiers, in conformity with your resolution of
advice of the first instant, so soon as the moneys necessary
shall be appropriated by the Legislature, and shall be in
readiness.”[252]

The same subject was presented again to the Senate by President Washington, in the following inquiry, May 8, 1792.

“If the President of the United States should conclude a
convention or treaty with the Government of Algiers for the
ransom of the thirteen Americans in captivity there, for a sum
not exceeding forty thousand dollars, all expenses included,
will the Senate approve the same? Or is there any, and what,
greater or lesser sum which they would fix on as the limit
beyond which they would not approve the ransom?”[253]

The Senate promptly replied by a resolution declaring it would approve such treaty of ransom.[254] And Congress, by Act of May 8, 1792, appropriated a sum of fifty thousand dollars for this purpose.[255] Commodore Paul Jones was intrusted with the mission to Algiers, charged with the double duty of making peace and of securing the redemption of our citizens. In his letter of instructions, June 1, 1792, Mr. Jefferson considers the rate of ransom.

“It has been a fixed principle with Congress to establish the
rate of ransom of American captives with the Barbary States at
as low a point as possible, that it may not be the interest of
those States to go in quest of our citizens in preference to
those of other countries. Had it not been for the danger it
would have brought on the residue of our seamen, by exciting
the cupidity of these rovers against them, our citizens now in
Algiers would have been long ago redeemed, without regard to
price. The mere money for this particular redemption neither
has been nor is an object with anybody here.”[256]

In the same instructions Mr. Jefferson says:--

“As soon as the ransom is completed, you will be pleased to
have the captives well clothed and sent home at the expense of
the United States, with as much economy as will consist with
their reasonable comfort.”[257]

Commodore Paul Jones--called Admiral in the instructions--died without entering upon these duties, and they were afterwards undertaken by Colonel Humphreys, our minister at Lisbon, honored especially with the friendship of Washington, and an accomplished officer of his staff during the Revolution. The terms demanded by the Dey were such as to render the mission unsuccessful.

Meanwhile the Algerines seized other of our citizens, who are described as “employed as captive slaves on the most laborious work, in a distressed and naked situation.”[258] One of their number, in a letter to the President, dated at Algiers, November 5, 1793, says:--

“Humanity towards the unfortunate American captives, I presume,
will induce your Excellency to coöperate with Congress to adopt
some speedy and effectual plan in order to restore to liberty
and finally extricate the American captives from their present
distresses.”[259]

At this time one hundred and nineteen American slaves in Algiers united in a petition to Congress, dated December 29, 1793, where they say:--

“Your petitioners are at present captives in this city of
bondage, employed daily on the most laborious work, without any
respect to persons.… They pray you will take their unfortunate
situation into consideration, and adopt such measures as will
restore the American captives to their country, their friends,
families, and connections.”[260]

The country was now aroused. A general contribution was proposed. People of all classes vied in generous effort. Newspapers entered with increased activity into the work. At public celebrations the toasts, “Happiness for all,” and “Universal Liberty,” were proposed, partly in sympathy with our wretched white fellow-countrymen in bonds. On one occasion, at a patriotic festival in New Hampshire, they were distinctly remembered in the toast: “Our brethren in slavery at Algiers. May the measures adopted for their redemption be successful, and may they live to rejoice with their friends in the blessings of liberty!”[261] The clergy, too, were enlisted. A fervid appeal by the captives themselves was addressed to ministers of the Gospel throughout the United States, asking them to set apart a special Sunday for sermons in behalf of their enslaved brethren. Literature added her influence, not only in essays, but in a work, which, though now forgotten, was among the earliest of the literary productions of our country, reprinted in London at a time when few American books were known abroad. I refer to the story of “The Algerine Captive,” which, though published anonymously, like other similar works at a later day, is known to have been written by Royall Tyler, afterwards Chief Justice of Vermont. Slavery in Algiers is here delineated in the sufferings of a single captive,--as Slavery in the United States has been since depicted in the sufferings of “Uncle Tom”; but the argument of the early story was hardly less strong against African Slavery than against White Slavery. “Grant me,” says the Algerine captive--who had been a surgeon on board a ship in the African slave-trade--from the depths of his own sorrows, “once more to taste the freedom of my native country, and every moment of my life shall be dedicated to preaching against this detestable commerce. I will fly to our fellow-citizens in the Southern States; I will on my knees conjure them, in the name of humanity, to abolish a traffic which causes it to bleed in every pore. If they are deaf to the pleadings of Nature, I will conjure them, for the sake of consistency, to cease to deprive their fellow-creatures of freedom, which their writers, their orators, Representatives, Senators, and even their Constitutions of Government, have declared to be the unalienable birthright of man.”[262] In such words was the cause of Emancipation pleaded at that early day.

From his distant mission at Lisbon, Colonel Humphreys, yet unable to reach Algiers, joined in this appeal by a letter to the American people, dated July 11, 1794. Taking advantage of the general interest in lotteries, and particularly of the custom, not then condemned, of employing these to obtain money for literary or benevolent purposes, he suggests a grand lottery, sanctioned by the United States, or particular lotteries in individual States, to obtain the means required for the ransom of our countrymen. He then asks:--

“Is there within the limits of these United States an
individual who will not cheerfully contribute in proportion to
his means to carry it into effect? By the peculiar blessings
of freedom which you enjoy, by the disinterested sacrifices
you made for its attainment, by the patriotic blood of those
martyrs of Liberty who died to secure your independence, and by
all the tender ties of Nature, let me conjure you once more to
snatch your unfortunate countrymen from fetters, dungeons, and
death.”

Meanwhile the Government was energetic through all its agents, at home and abroad; nor was any question raised with regard to constitutional powers. In the animated debate which ensued in the House of Representatives, an honorable member said, “If bribery would not do, he should certainly vote for equipping a fleet.”[263] At last, by Act of Congress of the 20th March, 1794, a million dollars was appropriated for this purpose, being the identical sum now proposed for a similar purpose of redemption; but it was somewhat masked under the language, “to defray any expenses which may be incurred in relation to the intercourse between the United States and foreign nations.”[264] On the same day, by another Act, the President was authorized “to borrow, on the credit of the United States, if in his opinion the public service shall require it, a sum not exceeding one million of dollars.”[265] The object was distinctly avowed in the instructions of Mr. Jefferson, 28th March, 1795, “for concluding a treaty of peace and liberating our citizens from captivity.” In other instructions, 25th August of the preceding year, the wishes of the President are thus conveyed:--

“Ransom and peace are to go hand and hand, if practicable; but
if peace cannot be obtained, a ransom is to be effected without
delay, … restricting yourself, on the head of a ransom, within
the limit of three thousand dollars per man.”[266]

The negotiation being consummated, the first tidings of its success were announced to Congress by President Washington in his speech at the opening of the session, 8th December, 1795.

“With peculiar satisfaction I add, that information has
been received from an agent deputed on our part to Algiers,
importing that the terms of a treaty with the Dey and
Regency of that country had been adjusted in such a manner
as to authorize the expectation of a speedy peace, and the
restoration of our unfortunate fellow-citizens from a grievous
captivity.”[267]

The treaty was signed at Algiers, 5th September, 1795. It was a sacrifice of pride, if not of honor, to the necessity of the occasion. Among its stipulations was one even for annual tribute to the barbarous Slave Power.[268] But, amidst all its unquestionable humiliation, it was a treaty of Emancipation; nor did our people consider nicely the terms on which this good was secured. It is recorded that a thrill of joy went through the land on the annunciation that a vessel had left Algiers having on board the Americans who had been captives there. The largess of money, and even the indignity of tribute, were forgotten in gratulations on their new-found happiness. Washington, in his speech to Congress of December 7, 1796, thus solemnly dwelt on their emancipation:--

“After many delays and disappointments, arising out of the
European war, the final arrangements for fulfilling the
engagements made to the Dey and Regency of Algiers will, in all
present appearance, be crowned with success,--but under great,
though inevitable, disadvantages in the pecuniary transactions,
occasioned by that war, which will render a further provision
necessary. _The actual liberation of all our citizens who were
prisoners in Algiers, while it gratifies every feeling heart_,
is itself an earnest of a satisfactory termination of the whole
negotiation.”[269]

Other treaties were made with Tripoli and Morocco, and more money was paid for the same object, until at last, in 1801, the slaveholding pretensions of Tripoli compelled a resort to arms. By a document preserved in the State Papers of our country, it appears that from 1791, in the space of ten years, appropriations were made for the liberation of our people, reaching to a sum-total of more than two millions of dollars.[270] To all who question the power of Congress, or the policy of exercising it, I commend this account, in its various items, given with authentic minuteness. If we consider the population and resources of the country at the time, as compared with our present gigantic means, the amount will not be deemed inconsiderable.

The pretensions of Tripoli brought out Colonel Humphreys, the former companion of Washington, now at home in retirement. In an address to the public, he called again for united action, saying:--

“Americans of the United States, your fellow-citizens are in
fetters! Can there be but one feeling? Where are the gallant
remnants of the race who fought for freedom? Where the glorious
heirs of their patriotism? _Will there never be a truce
between political parties? Or must it forever be the fate of
free States, that the soft voice of union should be drowned
in the hoarse clamor of discord?_ No! Let every friend of
blessed humanity and sacred freedom entertain a better hope and
confidence.”[271]