Chapter IX (2)

On the 6th of February, 1837, Mr. Adams stated that he held in his hand a paper, on which, before presenting it, he desired to have the decision of the Speaker. It purported to come from slaves; and he wished to know if such a paper came within the order of the house respecting petitions. Great surprise and astonishment were expressed by the slaveholders in the house at such a proposition. One member pronounced it an infraction of decorum, that ought to be punished severely. Another said it was a violation of the dignity of the house, and ought to be taken and burnt. Waddy Thompson, of South Carolina, moved the following resolution: "Resolved, that the Honorable John Quincy Adams, by the attempt just made by him to introduce a petition purporting on its face to be from slaves, has been guilty of a gross disrespect to the house; and that he be instantly brought to the bar to receive the severe censure of the Speaker." Charles E. Haynes, of Georgia, moved "to strike out all after Resolved, and insert 'that John Quincy Adams, a representative from the State of Massachusetts, has rendered himself justly liable to the severest censure of this house, and is censured accordingly, for having attempted to present to the house the petition of slaves.'" Dixon H. Lewis, of Alabama, offered a modification of Waddy Thompson's resolution, which he accepted, "that John Quincy Adams, by his attempt to introduce into the house a petition from slaves, for the abolition of slavery in the District of Columbia, committed an outrage on the rights and feelings of a large portion of the people of this Union, and a flagrant contempt on the dignity of this house; and, by extending to slaves a privilege only belonging to freemen, directly invites the slave population to insurrection; and that the said member be forthwith called to the bar of this house, and be censured by the Speaker."

After violent debates and extreme excitement, Mr. Adams rose and said: "In regard to the resolutions now before the house, as they all concur in naming me, and charging me with high crimes and misdemeanors, and in calling me to the bar of the house to answer for my crimes, I have thought it my duty to remain silent until it should be the pleasure of the house to act on one or other of those resolutions. I suppose that, if I shall be brought to the bar of the house, I shall not be struck mute by the previous question, before I have an opportunity to say a word or two in my own defence. But, sir, to prevent further consumption of the time of the house, I deem it my duty to ask them to modify their resolution. It may be as severe as they propose, but I ask them to change the matter of fact a little, so that when I come to the bar of the house, I may not, by a single word, put an end to it. I did not present the petition, and I appeal to the Speaker to say that I did not. I said I had a paper purporting to be a petition from slaves. I did not say what the prayer of the petition was. I asked the Speaker whether he considered such a paper as included within the general order of the house that all petitions, memorials, resolutions, and papers, relating in any way to the subject of slavery, should be laid upon the table. I intended to take the decision of the Speaker before I went one step towards presenting, or offering to present, that petition. I stated distinctly to the Speaker that I should not send the paper to the table until the question was decided whether a paper from persons declaring themselves slaves was included within the order of the house. This is the _fact_."

It having been stated in one of the resolutions that the petition was for the abolition of slavery, Mr. Adams said the gentleman moving it "must amend his resolution; for, if the house should choose to read this petition, I can state to them they would find it something very much the reverse of that which the resolution states it to be; and that if the gentleman from Alabama still shall choose to bring me to the bar of the house, he must amend his resolution in a very important particular, for he probably will have to put into it that my crime has been for attempting to introduce the petition of slaves that slavery should not be abolished; and that the object of these slaves, who have sent this paper to me, is precisely that which he desires to accomplish, and that they are his auxiliaries, instead of being his opponents."

In respect of the allegation that he had introduced a petition for the abolition of slavery in the District of Columbia, Mr. Adams said: "It is well known to all the members of this house--it is certainly known to all petitioners for the abolition of slavery in the District of Columbia--that, from the day I entered this house to the present moment, I have invariably here, and invariably elsewhere, declared my opinions to be adverse to the prayer of petitions that call for the abolition of slavery in the District of Columbia. But, sir, it is equally well known that, from the time I entered this house, down to the present day, I have felt it a sacred duty to present any petition, couched in respectful language, from any citizen of the United States, be its object what it may--be the prayer of it that in which I could concur, or that to which I was utterly opposed. I adhere to the right of petition; and let me say here that, let the petition be, as the gentleman from Virginia has stated, from free negroes, prostitutes, as he supposes,--for he says there is one put on this paper, and he infers that the rest are of the same description,--_that_ has not altered my opinion at all. Where is your law which says that the mean, the low, and the degraded, shall be deprived of the right of petition, if their moral character is not good? Where, in the land of freemen, was the right of petition ever placed on the exclusive basis of morality and virtue? Petition is supplication--it is entreaty--it is prayer! And where is the degree of vice or immorality which shall deprive the citizen of the right to supplicate for a boon, or to pray for mercy? Where is such a law to be found? It does not belong to the most abject despotism. There is no absolute monarch on earth who is not compelled, by the constitution of his country, to receive the petitions of his people, whosoever they may be. The Sultan of Constantinople cannot walk the streets and refuse to receive petitions from the meanest and vilest in the land. This is the law even of despotism; and what does your law say? Does it say that, before presenting a petition, you shall look into it, and see whether it comes from the virtuous, and the great, and the mighty? No, sir; it says no such thing. The right of petition belongs to all; and so far from refusing to present a petition because it might come from those low in the estimation of the world, it would be an additional incentive, if such an incentive were wanting."

In the course of this debate Mr. Thompson, of South Carolina, said that the conduct of Mr. Adams was a proper subject of inquiry by the Grand Jury of the District of Columbia, and stated that such, in a like case, would be the proceedings under the law in South Carolina. Mr. Adams, in reply, exclaimed: "If this is true,--if a member is there made amenable to the Grand Jury for words spoken in debate,--I thank God I am not a citizen of South Carolina! Such a threat, when brought before the world, would excite nothing but contempt and amazement. What! are we from the Northern States to be indicted as felons and incendiaries, for presenting petitions not exactly agreeable to some members from the South, by a jury of twelve men, appointed by a marshal, his office at the pleasure of the President! If the gentleman from South Carolina, by bringing forward this resolution of censure, thinks to frighten me from my purpose, he has mistaken his man. I am not to be intimidated by him, nor by all the Grand Juries of the universe."

After a debate of excessive exacerbation, lasting for four days, only twenty votes could be found indirectly and remotely to censure. In the course of this discussion circumstances made it probable that the names appended to the petition were not the signatures of slaves, and that the whole was a forgery, and designed as a hoax upon him. On which suggestion Mr. Adams stated to the house that he now believed the paper to be a _forgery_, by a slaveholding master, for the purpose of daring him to present a petition purporting to be from slaves; that, having now reason to believe it a forgery, he should not present the petition, whatever might be the decision of the house. If he should present it at all, it would be to invoke the authority of the house to cause the author of it to be prosecuted for the forgery, if there were competent judicial tribunals, and he could obtain evidence to prove the fact. He did not consider a forgery committed to deter a member of Congress from the discharge of his duty as a _hoax_.[5]

[5] _Niles' Weekly Register_, N. S., vol. I., pp. 385--390,
et seq.

In March, 1837, Mr. Adams addressed a series of letters to his constituents, transmitting his speech vindicating his course on the right of petition, and his proceedings on the subject of the presentation of a petition purporting to be from slaves. These letters were published in a pamphlet, and were at the time justly characterized as "a triumphant vindication of the right of petition, and a graphic delineation of the slavery spirit in Congress;" and it was further said of them, that, "apart from the interest excited by the subjects under discussion, and viewed only as literary productions, they may be ranked among the highest literary efforts of the author. Their sarcasm is Junius-like--cold, keen, unsparing." A few extracts may give an idea of the spirit and character of this publication.

Commenting on Mr. Thompson's resolution, as modified by Mr. Lewis (p. 249), Mr. Adams exclaims:

"My constituents! Reflect upon the purport of this resolution, which was immediately accepted by Mr. Thompson as a modification of his own, and as unhesitatingly received by the Speaker. He well knew I had made no attempt to introduce to the house a petition from slaves; and, if I had, he knew I should have done no more than exercise my right as a member of the house, and that the utmost extent of the power of the house would have been to refuse to receive the petition. The Speaker's duty was to reject instantly this resolution, and tell Mr. Lewis and Mr. Thompson that the first of his obligations was to protect the rights of speech of members of that house, which I had not in the slightest degree infringed. But the Speaker was a _master_.

"Observe, too, that in this resolution the notable discovery was first made that I had directly invited the slaves to insurrection; of which bright thought Mr. Thompson afterwards availed himself to threaten me with the Grand Jury of the District of Columbia, as an incendiary and felon. I pray you to remember this, not on my account, or from the suspicion that I could or shall ever be moved from my purpose by such menaces, but to give you _the measure_ of slaveholding freedom of speech, of the press, of action, of thought! If such a question as I asked of the Speaker is a direct invitation of the slaves to insurrection, forfeiting all my rights as representative of the people, subjecting me to indictment by a grand jury, conviction by a petit jury, and to an infamous penitentiary cell, I ask you, not what freedom of speech is left to your representative in Congress, but what freedom of speech, of the press, and of thought, is left to yourselves.

"There is an express provision of the constitution that Congress shall pass no law _abridging_ the right of petition; and here is a resolution declaring that a member ought to be considered as regardless of the feelings of the house, the rights of the South, and an enemy to the Union, _for presenting a petition_.

"Regardless of the feelings of the house! What have the feelings of the house to do with the free agency of a member in the discharge of his duty? One of the most sacred duties of a member is to present the petitions committed to his charge; a duty which he cannot refuse or neglect to perform without violating his oath to support the constitution of the United States. He is not, indeed, bound to present all petitions. If the language of the petition be disrespectful to the house, or to any of its members,--if the prayer of the petition be unjust, immoral, or unlawful,--if it be accompanied by any manifestation of intended violence or disorder on the part of the petitioners,--the duty of the member to present ceases, not from respect for the feelings of the house, but because those things themselves strike at the freedom of speech and action as well of the house as of its members. Neither of these can be in the least degree affected by the mere circumstance of the condition of the petitioner. Nor is there a shadow of reason why feelings of the house should be outraged by the presentation of a petition from slaves, any more than by petitions from soldiers in the army, seamen in the navy, or from the working-women in a manufactory.

"Regardless of the rights of the South! What are the rights of the South? What is the _South_? As a component portion of this Union, the population of the South consists of masters, of slaves, and of free persons, white and colored, without slaves. Of which of these classes would the rights be disregarded by the presentation of a petition from slaves? Surely not those of the slaves themselves, the suffering, the laborious, the _producing_ classes. O, no! there would be no disregard of their rights in the presentation of a petition from them. The very essence of the crime consists in an alleged _undue_ regard for their rights; in not denying them the rights of human nature; in not classing them with horses, and dogs, and cats. Neither could the rights of the free people without slaves, whether white, black, or colored, be disregarded by the presentation of a petition from slaves. Their rights could not be affected by it at all. The rights of the South, then, here mean the rights of the masters of slaves, which, to describe them by an inoffensive word, I will call the rights of _mastery_. These, by the constitution of the United States, are recognized, not directly, but by implication, and protection is stipulated for them, by that instrument, to a certain extent. But they are rights incompatible with the inalienable rights of all mankind, as set forth in the Declaration of Independence--incompatible with the fundamental principles of the constitutions of all the free states of the Union; and therefore, when provided for in the constitution of the United States, are indicated by expressions which must receive the narrowest and most restricted construction, and never be enlarged by implication. There is, I repeat, not one word, not one syllable, in the constitution of the United States, which interdicts to Congress the reception of petitions from slaves; and as there is express interdiction to Congress to abridge by law the right of petition, that right, upon every principle of fair construction, is as much the right of the South as of the North--as much the right of the slave as of the master; and the presentation of a petition from slaves, for a legitimate object, respectful in language, and in its tone and character submissive to the decision which the house may pass upon it, far from degrading the rights of the South, is a mark of signal homage to those rights.

"An enemy to the Union for presenting a petition!--an enemy to the Union! I have shown that the presentation of petitions is one of the most imperious duties of a member of Congress. I trust I have shown that the right of petition, guaranteed to the people of the United States, without exception of slaves, express or implied, cannot be _abridged_ by any act of both houses, with the approbation of the President of the United States; but this resolution, by the act of one branch of the Legislature, would effect an enormous abridgment of the right of petition, not only by denying it to full one sixth part of the whole people, but by declaring an enemy to the Union any member of the house who should present such a petition.

"When the resolution declaring that I had trifled with the house was under consideration, one of the most prominent allegations laid to my charge was that, by asking that question, I had intended indirectly to cast ridicule upon that resolution, and upon the house for adopting it. Nor was this entirely without foundation. I did not intend to cast ridicule upon the house, but to expose the absurdity of that resolution, against which I had protested as unconstitutional and unjust. But the characteristic peculiarity of this charge against me was, that, while some of the gentlemen of the South were urging the house to pass a vote of censure upon me, for a distant and conjectural inference of my intention to deride that resolution, others of them, in the same debate, and on the same day, were showering upon the same resolution direct expressions of unqualified contempt, without even being called to order. Like the saints in Hudibras,--

'The saints may do the same thing by
The Spirit in sincerity,
Which other men are prompted to,
And at the devil's instance do;
And yet the actions be contrary,
Just as the saints and wicked vary,'--

so it was with the gentlemen of the South. While Mr. Pickens could openly call the resolution of the 18th of January a miserable and contemptible resolution,--while Mr. Thompson could say it was only fit to be burnt by the hands of the hangman, without rebuke or reproof,--I was to be censured by the house for casting ridicule upon them by asking the question whether the resolution included petitions from slaves."

About this time Mr. Adams received an invitation to attend a public meeting at New York during the session of Congress. He replied: "I do not hold myself at liberty to absent myself from the house a single day. Such is my estimate of representative duty, confirmed by a positive rule of the house itself, not the less obligatory for being little observed."

In December, 1835, President Jackson transmitted to Congress a message relative to the bequest of four hundred thousand dollars, from James Smithson, of London, to the United States, for the purpose of establishing at Washington an institution "for the increase and diffusion of knowledge among men;" and submitted the subject to Congress for its consideration. A question was immediately raised whether Congress had power, in its legislative capacity, to accept such a bequest; and also whether, having the power, its acceptance was expedient. The message of the President was referred to a committee, of which Mr. Adams was appointed chairman. No subject could be better adapted to excite into action his public spirit than the hopes awakened for his country by the amount of this bequest, and the wisdom of the objects for which it was appropriated. The general tenor of the testator's will excited numerous private interests and passions with regard to the application of the fund. Mr. Adams immediately brought the whole strength and energy of his mind to give it a proper direction. Although some of his recommendations were slighted, and an object near his heart, an astronomical observatory, was resisted by party spirit, his zeal and perseverance effectually prevented the bequest from being diverted to local and temporary objects, and his general views relative to Mr. Smithson's design ultimately prevailed.

In January, 1836, Mr. Adams, as chairman of the committee, made a report, declaring that Congress was competent to accept the bequest, and that its acceptance was enjoined by considerations of the most imperious obligations, and suggesting some interesting reflections on the subject. The testator, he said, was a descendant in blood from the Percys and the Seymours,--two of the most illustrious names of the British islands;--the brother of the Duke of Northumberland, who, by the name of Percy, was known at the sanguinary opening scenes of our Revolutionary War, and fought as a British officer at Lexington and Bunker Hill, and was the bearer of the despatches, from the commander of the British forces to his government, announcing the event of that memorable day. "The suggestions which present themselves to the mind," Mr. Adams adds, "by the association of these historical recollections with the condition of the testator, derive additional interest from the nature of the bequest, the devotion of a large estate to an institution 'for the increase and diffusion of knowledge among men.'" The noble design of Mr. Smithson Mr. Adams thus proceeds to illustrate:

"Of all the foundations of establishments for pious or charitable
uses, which ever signalized the spirit of the age, or the
comprehensive beneficence of the founder, none can be named more
deserving of the approbation of mankind than this. Should it be
faithfully carried into effect, with an earnestness and sagacity of
application, and a steady perseverance of pursuit, proportioned to
the means furnished by the will of the founder, and to the greatness
and simplicity of his design, as by himself declared, 'the increase
and diffusion of knowledge among men,' it is no extravagance of
anticipation to declare that his name will be hereafter enrolled
among the eminent benefactors of mankind.

"The attainment of knowledge is the high and exclusive attribute of
man, among the numberless myriads of animated beings, inhabitants of
the terrestrial globe. On him alone is bestowed, by the bounty of
the Creator of the universe, the power and the capacity of acquiring
knowledge. Knowledge is the attribute of his nature which at once
enables him to improve his condition upon earth, and to prepare him
for the enjoyment of a happier existence hereafter. It is by this
attribute that man discovers his own nature as the link between
earth and heaven; as the partaker of an immortal spirit; as created
for higher and more durable ends than the countless tribes of beings
which people the earth, the ocean, and the air, alternately instinct
with life, and melting into vapor, or mouldering into dust.

"To furnish the means of acquiring knowledge is, therefore, the
greatest benefit that can be conferred upon mankind. It prolongs
life itself, and enlarges the sphere of existence. The earth was
given to man for cultivation--to the improvement of his own
condition. Whoever increases his knowledge multiplies the uses to
which he is enabled to turn the gift of his Creator to his own
benefit, and partakes in some degree of that goodness which is the
highest attribute of Omnipotence itself."

"If, then, the Smithsonian Institution, under the smile of an
approving Providence, and by the faithful and permanent application
of the means furnished by its founder to the purpose for which he
has bestowed them, should prove effective to their promotion,--if
they should contribute essentially _to the increase and diffusion
of knowledge among men_,--to what higher or nobler object could
this generous and splendid donation have been devoted?"

After further illustrating the renown of the name of Percy from the historical annals of England, Mr. Adams proceeds to urge other considerations, from among which we make the following extracts:

"It is, then, a high and solemn trust which the testator has
committed to the United States of America; and its execution
devolves upon their representatives in Congress duties of no
ordinary importance. In adverting to the character of the trustee
selected by the testator for the fulfilment of his intentions, it is
deemed no indulgence of unreasonable pride to mark it as a signal
manifestation of the moral effect of our political institutions upon
the opinions and the consequent action of the wise and good of other
regions and of distant climes, even upon that nation from whom we
generally boast our descent."

The report continues:

"In the commission of every trust there is an implied tribute to the
integrity and intelligence of the trustee, and there is also an
implied call for the faithful exercise of those properties to the
fulfilment of the purposes of the trust. The tribute and the call
acquire additional force and energy when the trust is committed for
performance after the decease of him by whom it is granted; when he
no longer lives to constrain the effective fulfilment of his design.
The magnitude of the trust, and the extent of confidence bestowed in
the committal of it, do but enlarge and aggravate the pressure of
the obligation which it carries with it. The weight of duty imposed
is proportioned to the honor conferred by confidence without
reserve. Your committee are fully persuaded, therefore, that, with a
grateful sense of the honor conferred by the testator upon the
political institutions of this Union, the Congress of the United
States, in accepting the bequest, will feel, in all its power and
plenitude, the obligation of responding to the confidence reposed by
him, with all the fidelity, disinterestedness, and perseverance of
exertion, which may carry into effective execution the noble purpose
of an endowment for the increase and diffusion of knowledge among
men."

The report concludes with recommending a bill, which passed in both branches, vesting authority in the President to take measures to prosecute, in the court of chancery in England, the right of the United States to this bequest.