Chapter XXVII: Front Matter (27)

This comes with an ill grace from Maryland and Virginia. They _knew_ the constitution. They were parties to it. They had sifted it clause by clause, in their State conventions. They had weighed its words in the balance--they had tested them as by fire; and finally, after long pondering, they _adopted_ the constitution. And _afterward_, self-moved, they ceded the ten miles square, and declared the cession made "in pursuance of" that oft-cited clause, "Congress shall have power to exercise exclusive legislation in all cases whatsoever over such District." And now verily "they would not have ceded if they had _supposed_!" &c. Cede it they _did_, and in "full and absolute right both of soil and persons." Congress accepted the cession--state power over the District ceased, and congressional power over it commenced--and now, the sole question to be settled is, _the amount of power over the District, lodged in Congress by the constitution_. The constitution--THE CONSTITUTION--that is the point. Maryland and Virginia "suppositions" must be potent suppositions to abrogate a clause of the United States' Constitution! That clause either gives Congress power to abolish slavery in the District, or it does _not_--and that point is to be settled, not by state "suppositions," nor state usages, nor state legislation, but _by the terms of the clause themselves_.

Southern members of Congress, in the recent discussions, have conceded the power of a contingent abolition in the District, by suspending it upon the _consent_ of the people. Such a doctrine from _declaimers_ like Messrs. Alford, of Georgia, and Walker, of Mississippi, would excite no surprise; but that it should be honored with the endorsement of such men as Mr. Rives and Mr. Calhoun, is quite unaccountable. Are attributes of _sovereignty_ mere creatures of _contingency_? Is delegated _authority_ mere conditional _permission_? Is a _constitutional power_ to be exercised by those who hold it, only by popular _sufferance?_ Must it lie helpless at the pool of public sentiment, waiting the gracious troubling of its waters? Is it a lifeless corpse, save only when popular "consent" deigns to puff breath into its nostrils? Besides, if the consent of the people of the District be necessary, the consent of the _whole_ people must be had--not that of a majority, however large. Majorities, to be authoritative, must be _legal_--and a legal majority without legislative power, or right of representation, or even the electoral franchise, would be truly an anomaly! In the District of Columbia, such a thing as a majority in a legal sense is unknown to law. To talk of the power of a majority, or the will of a majority there, is mere mouthing. A majority? Then it has an authoritative will--and an organ to make it known--and an executive to carry it into effect--Where are they? We repeat it--if the consent of the people of the District be necessary, the consent of _every one_ is necessary--and _universal_ consent will come only with the Greek Kalends and a "perpetual motion." A single individual might thus _perpetuate_ slavery in defiance of the expressed will of a whole people. The most common form of this fallacy is given by Mr. Wise, of Virginia, in his speech, February 16, 1835, in which he denied the power of Congress to abolish slavery in the District, unless the inhabitants owning slaves petitioned for it!! Southern members of Congress at the present session ring changes almost daily upon the same fallacy. What! pray Congress _to use_ a power which it _has not_? "It is required of a man according to what he _hath_," saith the Scripture. I commend Mr. Wise to Paul for his ethics. Would that he had got his _logic_ of him! If Congress does not possess the power, why taunt it with its weakness, by asking its exercise? Why mock it by demanding impossibilities? Petitioning, according to Mr. Wise, is, in matters of legislation, omnipotence itself; the very _source_ of all constitutional power; for, _asking_ Congress to do what it _cannot_ do, gives it the power--to pray the exercise of a power that is _not, creates_ it. A beautiful theory! Let us work it both ways. If to petition for the exercise of a power that is _not_, creates it--to petition against the exercise of a power that _is_, annihilates it. As southern gentlemen are partial to summary processes, pray, sirs, try the virtue of your own recipe on "exclusive legislation in all cases whatsoever;" a better subject for experiment and test of the prescription could not be had. But if the petitions of the citizens of the District give Congress the _right_ to abolish slavery, they impose the _duty_; if they confer constitutional _authority_, they create constitutional _obligation_. If Congress _may_ abolish because of an expression of their will, it _must_ abolish at the bidding of that will. If the people of the District are a _source of power_ to Congress, their _expressed_ will has the force of a constitutional provision, and has the same binding power upon the National Legislature. To make Congress dependent on the District for authority, is to make it a _subject_ of its authority, restraining the exercise of its own discretion, and sinking it into a mere organ of the District's will. We proceed to another objection.

"_The southern states would not have ratified the constitution, if they had supposed that it gave this power._" It is a sufficient answer to this objection, that the northern states would not have ratified it, if they had supposed that it _withheld_ the power. If "suppositions" are to take the place of the constitution--coming from both sides, they neutralize each other. To argue a constitutional question by _guessing_ at the "suppositions" that might have been made by the parties to it, would find small favor in a court of law. But even a desperate shift is some easement when sorely pushed. If this question is to be settled by "suppositions" suppositions shall be forthcoming, and that without stint.

First, then, I affirm that the North ratified the constitution, "supposing" that slavery had begun to wax old, and would speedily vanish away, and especially that the abolition of the slave trade, which by the constitution was to be surrendered to Congress after twenty years, would cast it headlong.

Would the North have adopted the constitution, giving three-fifths of the "slave property" a representation, if it had "supposed" that the slaves would have increased from half a million to two millions and a half by 1838--and that the census of 1840 would give to the slave states thirty representatives of "slave property?"

If they had "supposed" that this representation would have controlled the legislation of the government, and carried against the North every question vital to its interests, would Hamilton, Franklin, Sherman, Gerry, Livingston, Langdon, and Rufus King have been such madmen, as to sign the constitution, and the Northern States such suicides as to ratify it? Every self-preserving instinct would have shrieked at such an infatuate immolation. At the adoption of the United States constitution, slavery was regarded as a fast waning system. This conviction was universal. Washington, Jefferson, Henry, Grayson, Tucker, Madison, Wythe, Pendleton, Lee, Blair, Mason, Page, Parker, Randolph, Iredell, Spaight, Ramsey, Pinkney, Martin, McHenry, Chase, and nearly all the illustrious names south of the Potomac, proclaimed it before the sun. A reason urged in the convention that formed the United States constitution, why the word slave should not be used in it, was, that _when slavery should cease_, there might remain upon the National Charter no record that it had ever been. (See speech of Mr. Burrill, of R.I., on the Missouri question.)

I now proceed to show by testimony, that at the date of the United States constitution, and for several years before and after that period, slavery was rapidly on the wane; that the American Revolution with the great events preceding, accompanying, and following it, had wrought an immense and almost universal change in the public sentiment of the nation on the subject, powerfully impelling it toward the entire abolition of the system--and that it was the _general belief_ that measures for its abolition throughout the Union, would be commenced by the individual States generally before the lapse of many years. A great mass of testimony establishing this position might be presented, but narrow space, and the importance of speedy publication, counsel brevity. Let the following proofs suffice. First, a few dates as points of observation.

The first _general_ Congress met in 1774. The revolutionary war commenced in '75. Independence was declared in '76. The articles of confederation were adopted by the thirteen states in '78. Independence acknowledged in '83. The convention for forming the U.S. constitution was held in '87, the state conventions for considering it in '87, and '88. The first Congress under the constitution in '89.

Dr. Rush, of Pennsylvania, one of the signers of the Declaration of Independence, in a letter to Granville Sharpe, May 1, 1773, says "A spirit of humanity and religion begins to awaken in several of the colonies in favor of the poor negroes. Great events have been brought about by small beginnings. _Anthony Benezet stood alone a few years ago in opposing negro slavery in Philadelphia_, and NOW THREE-FOURTHS OF THE PROVINCE AS WELL AS OF THE CITY CRY OUT AGAINST IT."--[Stuart's Life of Sharpe, p. 21.]

In the preamble to the act prohibiting the importation of slaves into Rhode Island, June, 1774, is the following: "Whereas the inhabitants of America are generally engaged in the preservation of their own rights and liberties, among which that of personal freedom must be considered the greatest, and as those who are desirous of enjoying all the advantages of liberty themselves, _should be willing to extend personal liberty to others_, therefore," &c.

October 20, 1774, the Continental Congress passed the following: "We, for ourselves and the inhabitants of the several colonies whom we represent, _firmly agree and associate under the sacred ties of virtue, honor, and love of our country_, as follows:

"2d Article. We _will neither import nor purchase any slaves imported_ after the first day of December next, after which time we will _wholly discontinue_ the slave trade, and we will neither be concerned in it ourselves, nor will we hire our vessels, nor sell our commodities or manufactures to those who are concerned in it."

The Continental Congress, in 1775, setting forth the causes and the necessity for taking up arms, say: "_If it were possible_ for men who exercise their reason to believe that the divine Author of our existence intended a part of the human race to _hold an absolute property in, and unbounded power over others_," &c.

In 1776, Dr. Hopkins, then at the head of New England divines, in "An Address to the owners of negro slaves in the American colonies," says: "The conviction of the unjustifiableness of this practice (slavery) has been _increasing_, and _greatly spreading of late_, and _many_ who have had slaves, have found themselves so unable to justify their own conduct in holding them in bondage, as to be induced to _set them at liberty_. * * * * Slavery is, _in every instance_, wrong, unrighteous, and oppressive--a very great and crying sin--_there being nothing of the kind equal to it on the face of the earth._"

The same year the American Congress issued a solemn MANIFESTO to the world. These were its first words: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness." _Once_, these were words of power; _now_, "a rhetorical flourish."

The celebrated Patrick Henry of Virginia, in a letter, of Jan. 18, 1773, to Robert Pleasants, afterwards president of the Virginia Abolition Society, says: "Believe me, I shall honor the Quakers for their noble efforts to abolish slavery. It is a debt we owe to the purity of our religion to show that it is at variance with that law that warrants slavery. I exhort you to persevere in so worthy a resolution."

In 1779, the Continental Congress ordered a pamphlet to be published, entitled, "Observations on the American Revolution," from which the following is an extract: "The great principle (of government) is and ever will remain in force, _that men are by nature free_; and so long as we have any idea of divine _justice_, we must associate that of _human freedom_. It is _conceded on all hands, that the right to be free_ CAN NEVER BE ALIENATED."

Extract from the Pennsylvania act for the abolition of slavery, passed March 1, 1780: * * "We conceive that it is our duty, and we rejoice that it is in our power, to extend a portion of that freedom to others which has been extended to us. Weaned by a long course of experience from those narrow prejudices and partialities we had imbibed, we find our hearts enlarged with kindness and benevolence towards men of all conditions and nations: * * * Therefore be it enacted, that no child born hereafter be a slave," &c.

Jefferson, in his Notes on Virginia, written just before the close of the Revolutionary War, says: "I think a change already perceptible since the origin of the present revolution. The spirit of the master is abating, that of the slave is rising from the dust, his condition mollifying, _the way I hope preparing under the auspices of heaven_, FOR A TOTAL EMANCIPATION."

In a letter to Dr. Price, of London, who had just published a pamphlet in favor of the abolition of slavery, Mr. Jefferson, then minister at Paris, (August 7, 1785,) says: "From the mouth to the head of the Chesapeake, _the bulk of the people will approve of your pamphlet in theory_, and it will find a respectable minority ready to _adopt it in practice_--a minority which, for weight and worth of character, _preponderates against the greater number_." Speaking of Virginia, he says: "This is the next state to which we may turn our eyes for the interesting spectacle of justice in conflict with avarice and oppression,--a conflict in which THE SACRED SIDE IS GAINING DAILY RECRUITS. Be not, therefore, discouraged--what you have written will do a _great deal of good_; and could you still trouble yourself with our welfare, no man is more able to give aid to the laboring side. The College of William and Mary, since the remodelling of its plan, is the place where are collected together all the young men of Virginia, under preparation for public life. They are there under the direction (most of them) of a Mr. Wythe, one of the most virtuous of characters, and _whose sentiments on the subject of slavery are unequivocal._ I am satisfied, if you could resolve to address an exhortation to those young men with all that eloquence of which you are master, that _its influence on the future decision of this important question would be great, perhaps decisive._ Thus, you see, that so far from thinking you have cause to repent of what you have done, _I wish you to do more, and wish it on an assurance of its effect._"--Jefferson's Posthumous Works, vol. 1, p. 268.

In 1786, John Jay drafted and signed a petition to the Legislature of New York, on the subject of slavery, beginning with these words: "Your memorialists being deeply affected by the situation of those, who, although FREE BY THE LAW OF GOD, are held in slavery by the laws of the State," &c. This memorial bore also the signatures of the celebrated Alexander Hamilton; Robert R. Livingston, afterward Secretary of Foreign Affairs of the United States, and Chancellor of the State of New-York; James Duane, Major of the City of New-York, and many others of the most eminent individuals in the State.

In the preamble of an instrument, by which Mr. Jay emancipated a slave in 1784, is the following passage:

"Whereas, the children of men are by nature equally free, and cannot, without injustice, be either reduced to or HELD in slavery."

In his letter while Minister at Spain, in 1786, he says, speaking of the abolition of slavery: "Till America comes into this measure, her prayers to heaven will be IMPIOUS. I believe God governs the world; and I believe it to be a maxim in his, as in our court, that those who ask for equity _ought to do it._"

In 1785, the New-York Manumission Society was formed. John Jay was chosen its first President, and held the office for five years. Alexander Hamilton was its second President, and after holding the office one year, resigned upon his removal to Philadelphia as Secretary of the United States' Treasury. In 1787, the Pennsylvania Abolition Society was formed. Benjamin Franklin, warm from the discussions of the convention that formed the U.S. constitution, was chosen President, and Benjamin Rush, Secretary--both signers of the Declaration of Independence. In 1789, the Maryland Abolition Society was formed. Among its officers were Samuel Chace, Judge of the U.S. Supreme Court, and Luther Martin, a member of the convention that formed the U.S. constitution. In 1790, the Connecticut Abolition Society was formed. The first President was Rev. Dr. Stiles, President of Yale College, and the Secretary, Simeon Baldwin, (the late Judge Baldwin of New Haven.) In 1791, this Society sent a memorial to Congress, from which the following is an extract:

"From a sober conviction of the unrighteousness of slavery, your
petitioners have long beheld, with grief, our fellow men doomed
to perpetual bondage, in a country which boasts of her freedom.
Your petitioners are fully of opinion; that calm reflection will
at last convince the world, that the whole system of African
slavery IS unjust in its nature--impolitic in its
principles--and, in its consequences, ruinous to the industry
and enterprise of the citizens of these States. From a
conviction of those truths, your petitioners were led, by
motives, we conceive, of general philanthropy, to associate
ourselves for the protection and assistance of this unfortunate
part of our fellow men; and, though this Society has been
_lately_ established, it has now become _generally extensive_
through this state, and, we fully believe, _embraces, on this
subject, the sentiments of a large majority of its citizens._"

The same year the Virginia Abolition Society was formed. This Society, and the Maryland Society, had auxiliaries in different parts of those States. Both societies sent up memorials to Congress. The memorial of the Virginia Society is headed--"The memorial of the _Virginia Society_, for promoting the Abolition of Slavery, &c." The following is an extract:

"Your memorialists, fully believing that slavery is not only an
odious degradation, but an _outrageous violation of one of the
most essential rights of human nature, and utterly repugnant to
the precepts of the gospel_, lament that a practice so
inconsistent with true policy and the inalienable rights of men,
should subsist in so enlightened an age, and among a people
professing, that all mankind are, by nature, equally entitled to
freedom."

About the same time a Society was formed in New Jersey. It had an acting committee of five members in each county in the State. The following is an extract from the preamble to its constitution:

"It is our boast, that we live under a government wherein
_life_, _liberty_, and the _pursuit of happiness_, are
recognized as the universal rights of men; and whilst we are
anxious to preserve these rights to ourselves, and transmit them
inviolate, to our posterity, we _abhor that inconsistent,
illiberal, and interested policy, which withholds those rights
from an unfortunate and degraded class of our fellow
creatures._"

Among other distinguished individuals who were efficient officers of these Abolition Societies, and delegates from their respective state societies, at the annual meetings of the American convention for promoting the abolition of slavery, were Hon. Uriah Tracy, United States' Senator, from Connecticut; Hon. Zephaniah Swift, Chief Justice of the same State; Hon. Cesar A. Rodney, Attorney General of the United States; Hon. James A. Bayard, United States' Senator, from Delaware; Governor Bloomfield, of New-Jersey; Hon. Wm. Rawle, the late venerable head of the Philadelphia bar; Dr. Caspar Wistar, of Philadelphia; Messrs. Foster and Tillinghast, of Rhode Island; Messrs. Ridgely, Buchanan, and Wilkinson, of Maryland; and Messrs. Pleasants, McLean, and Anthony, of Virginia.

In July, 1787, the old Congress passed the celebrated ordinance abolishing slavery in the northwestern territory, and declaring that it should never thereafter exist there. This ordinance was passed while the convention that formed the United States' constitution was in session. At the first session of Congress under the constitution, this ordinance was ratified by a special act. Washington, fresh from the discussions of the convention, in which _more than forty days had been spent in adjusting the question of slavery, gave it his approval._ The act passed with only one dissenting voice, (that of Mr. Yates, of New York,) _the South equally with the North avowing the fitness and expediency of the measure on general considerations, and indicating thus early the line of national policy, to be pursued by the United States' Government on the subject of slavery_.

In the debates in the North Carolina Convention, Mr. Iredell, afterward a Judge of the United States' Supreme Court, said, "_When the entire abolition of slavery takes place_, it will be an event which must be pleasing to every generous mind and every friend of human nature." Mr. Galloway said, "I wish to see this abominable trade put an end to. I apprehend the clause (touching the slave trade) means _to bring forward manumission_." Luther Martin, of Maryland, a member of the convention that formed the United States Constitution, said, "We ought to authorize the General Government to make such regulations as shall be thought most advantageous for _the gradual abolition of slavery_, and the _emancipation of the slaves_ which are already in the States." Judge Wilson, of Pennsylvania, one of the framers of the constitution, said, in the Pennsylvania convention of '87, [Deb. Pa. Con. p. 303, 156:] "I consider this (the clause relative to the slave trade) as laying the foundation for _banishing slavery out of this country_. It will produce the same kind of gradual change which was produced in Pennsylvania; the new states which are to be formed will be under the control of Congress in this particular, and _slaves will never be introduced_ among them. It presents us with the pleasing prospect that the rights of mankind will be acknowledged and established _throughout the Union_. Yet the lapse of a few years, and Congress will have power to _exterminate slavery_ within our borders." In the Virginia convention of '87, Mr. Mason, author of the Virginia constitution, said, "The augmentation of slaves weakens the States, and such a trade is _diabolical_ in itself, and disgraceful to mankind. As much as I value a union of all the states, I would not admit the southern states, (i.e., South Carolina and Georgia,) into the union, _unless they agree to a discontinuance of this disgraceful trade_." Mr. Tyler opposed with great power the clause prohibiting the abolition of the slave trade till 1808, and said, "My earnest desire is, that it shall be handed down to posterity that I oppose this wicked clause." Mr. Johnson said, "The principle of emancipation _has begun since the revolution. Let us do what we will, it will come round_."--[Deb. Va. Con. p. 463.] Patrick Henry, arguing the power of Congress under the United States' constitution to abolish slavery in the States, said, in the same convention, "Another thing will contribute to bring this event (the abolition of slavery) about. Slavery is _detested_. We feel its fatal effects; we deplore it with all the pity of humanity."--[Deb. Va. Con. p. 431.] In the Mass. Con. of '88, Judge Dawes said, "Although slavery is not smitten by an apoplexy, yet _it has received a mortal wound_, and will die of consumption."--[Deb. Mass. Con. p. 60.] General Heath said that, "Slavery was confined to the States _now existing_, it _could not be extended_. By their ordinance, Congress had declared that the new States should be republican States, _and have no slavery_."--p. 147.

In the debate, in the first Congress, February 11th and 12th, 1789, on the petitions of the Society of Friends, and the Pennsylvania Abolition Society, Mr. Parker, of Virginia, said, "I cannot help expressing the pleasure I feel in finding _so considerable a part_ of the community attending to matters of such a momentous concern to the _future prosperity_ and happiness of the people of America. I think it my duty, as a citizen of the Union, _to espouse their cause_."

Mr. Page, of Virginia, (afterward Governor)--"Was _in favor_ of the commitment; he hoped that the designs of the respectable memorialists would not be stopped at the threshold, in order to preclude a fair discussion of the prayer of the memorial. With respect to the alarm that was apprehended, he conjectured there was none; but there might be just cause, if the memorial was _not_ taken into consideration. He placed himself in the case of a slave, and said, that on hearing that Congress had refused to listen to the decent suggestions of a respectable part of the community, he should infer, that the general government, _from which was expected great good would result to_ EVERY CLASS _of citizens_, had shut their ears against the voice of humanity, and he should despair of any alleviation of the miseries he and his posterity had in prospect; if any thing could induce him to rebel, it must be a stroke like this, impressing on his mind all the horrors of despair. But if he was told, that application was made in his behalf, and that Congress were willing to hear what could be urged in favor of discouraging the practice of importing his fellow-wretches, he would trust in their justice and humanity, and _wait the decision patiently_."

Mr. Scott of Pennsylvania: "I cannot, for my part, conceive how any person _can be said to acquire a property in another_. Let us argue on principles countenanced by reason, and becoming humanity. _I do not know how far I might go, if I was one of the judges of the United States, and those people were to came before me and claim their emancipation, but I am sure I would go as far as I could_."

Mr. Burke, of South Carolina, said, "He _saw the disposition of the House_, and he feared it would he referred to a committee, maugre all their opposition."

Mr. Smith of South Carolina, said, "That on entering into this government, they (South Carolina and Georgia) apprehended that the other states, * * _would, from motives of humanity and benevolence, be led to vote for a general emancipation_."

In the debate, at the same session, May 13th, 1789, on the petition of the Society of Friends respecting the slave trade, Mr. Parker, of Virginia, said, "He hoped Congress would do all that lay in their power _to restore to human nature its inherent privileges_. The inconsistency in our principles, with which we are justly charged _should be done away_."

Mr. Jackson, of Georgia, said, "IT WAS THE FASHION OF THE DAY TO FAVOR THE LIBERTY OF THE SLAVES. * * * * Will Virginia set her negroes free? _When this practice comes to be tried, then the sound of liberty will lose those charms which make it grateful to the ravished ear_."

Mr. Madison, of Virginia,--"The dictates of humanity, the principles of the people, the national safety and happiness, and prudent policy, require it of us. * * * * I conceive the constitution in this particular was formed in order that the Government, whilst it was restrained from laying a total prohibition, might be able to _give some testimony of the sense of America_, with respect to the African trade. * * * * It is to be hoped, that by expressing a national disapprobation of this trade, we may destroy it, and save ourselves from reproaches, AND OUR POSTERITY THE IMBECILITY EVER ATTENDANT ON A COUNTRY FILLED WITH SLAVES. If there is any one point in which it is clearly the policy of this nation, so far as we constitutionally can, _to vary the practice_ obtaining under some of the state governments, it is this. But it is _certain_ a majority of the states are _opposed to this practice_."--Cong. Reg. v. 1, p. 308-12.

A writer in the "Gazette of the United States," Feb. 20th, 1790, (then the government paper,) who opposes the abolition of slavery, and avows himself a _slaveholder_, says, "I have seen in the papers accounts of _large associations_, and applications to Government for _the abolition of slavery_. Religion, humanity, and the generosity natural to a free people, are the _noble principles which dictate those measures_. SUCH MOTIVES COMMAND RESPECT, AND ARE ABOVE ANY EULOGIUM WORDS CAN BESTOW."

In the convention that formed the constitution of Kentucky in 1790, the effort to prohibit slavery was nearly successful. A decided majority of that body would undoubtedly have voted for its exclusion, but for the great efforts and influence of two large slaveholders--men of commanding talents and sway--Messrs. Breckenridge and Nicholas. The following extract from a speech made in that convention by a member of it, Mr. Rice a native Virginian, is a specimen of the _free discussion_ that prevailed on that "delicate subject." Said Mr. Rice: "I do a man greater injury, when I deprive him of his liberty, than when I deprive him of his property. It is vain for me to plead that I have the sanction of law; for this makes the injury the greater--it arms the community against him, and makes his case desperate. The owners of such slaves then are _licensed robbers_, and not the just proprietors of what they claim. Freeing them is not depriving them of property, but _restoring it to the right owner_. In America, a slave is a standing monument of the tyranny and inconsistency of human governments. The master is the enemy of the slave; he _has made open war upon him_, AND IS DAILY CARRYING IT ON in unremitted efforts. Can any one imagine, then, that the slave is indebted to his master, and _bound to serve him_? Whence can the obligation arise? What is it founded upon? What is my duty to an enemy that is carrying on war against me? I do not deny, but in some circumstances, it is the duty of the slave to serve; but it is a duty he owes himself, and not his master."

President Edwards, the younger, said, in a sermon preached before the Connecticut Abolition Society, Sept. 15, 1791: "Thirty years ago, scarcely a man in this country thought either the slave trade or the slavery of negroes to be wrong; but now how many and able advocates in private life, in our legislatures, in Congress, have appeared, and have openly and irrefragably pleaded the rights of humanity in this as well as other instances? And if we judge of the future by the past, _within fifty years from this time, it will be as shameful for a man to hold a negro slave, as to be guilty of common robbery or theft_."

In 1794, the General Assembly of the Presbyterian church adopted its "Scripture proofs," notes, comments, &c. Among these was the following:

"1 Tim. i. 10. The law is made for manstealers. This crime among
the Jews exposed the perpetrators of it to capital punishment.
Exodus xxi. 16. And the apostle here classes them with _sinners
of the first rank_. The word he uses, in its original import
comprehends all who are concerned in bringing any of the human
race into slavery, or in _retaining_ them in it. _Stealers of
men_ are all those who bring off slaves or freemen, and _keep_,
sell, or buy them."

In 1794, Dr. Rush declared: "Domestic slavery is repugnant to the principles of Christianity. It prostrates every benevolent and just principle of action in the human heart. It is rebellion against the authority of a common Father. It is a practical denial of the extent and efficacy of the death of a common Savior. It is an usurpation of the prerogative of the great Sovereign of the universe, who has solemnly claimed an exclusive property in the souls of men."

In 1790, Mr. Fiske, then an officer of Dartmouth College, afterward a Judge in Tennessee, said, in an oration published that year, speaking of slaves: "I steadfastly maintain, that we must bring them to _an equal standing, in point of privileges, with the whites_! They must enjoy all the rights belonging to human nature."

When the petition on the abolition of the slave trade was under discussion in the Congress of '89, Mr. Brown, of North Carolina, said, "The emancipation of the slaves _will be effected_ in time; it ought to be a gradual business, but he hoped that Congress would not _precipitate_ it to the great injury of the southern States." Mr. Hartley, of Pennsylvania, said, in the same debate, "_He was not a little surprised to hear the cause of slavery advocated in that house._" WASHINGTON, in a letter to Sir John Sinclair, says, "There are, in Pennsylvania, laws for the gradual abolition of slavery which neither Maryland nor Virginia have at present, but which _nothing is more certain_ than that they _must have_, and at a period NOT REMOTE." In 1782, Virginia passed her celebrated manumission act. Within nine years from that time nearly eleven thousand slaves were voluntarily emancipated by their masters. Judge Tucker's "Dissertation on Slavery," p. 72. In 1787, Maryland passed an act legalizing manumission. Mr. Dorsey, of Maryland, in a speech in Congress, December 27th, 1826, speaking of manumissions under that act, said, that "_The progress of emancipation was astonishing_, the State became crowded with a free black population."

The celebrated William Pinkney, in a speech before the Maryland House of Delegates, in 1789, on the emancipation of slaves, said, "Sir, by the eternal principles of natural justice, _no master in the state has a right to hold his slave in bondage for a single hour_.... I would as soon believe the incoherent tale of a schoolboy, who should tell me he had been frightened by a ghost, as that the grant of this permission (to emancipate) ought in any degree to alarm us. Are we apprehensive that these men will become more dangerous by becoming freemen? Are we alarmed, lest by being admitted into the enjoyment of civil rights, they will be inspired with a deadly enmity against the rights of others? Strange, unaccountable paradox! How much more rational would it be, to argue that the natural enemy of the privileges of a freeman, is he who is robbed of them himself! Dishonorable to the species is the idea that they would ever prove injurious to our interests--released from the shackles of slavery, by the justice of government and the bounty of individuals--the want of fidelity and attachment would be next to impossible."

Hon. James Campbell, in an address before the Pennsylvania Society of the Cincinnati, July 4, 1787, said, "Our separation from Great Britain has extended the empire of humanity. The time _is not far distant_ when our sister states, in imitation of our example, _shall turn their vassals into freemen_." The Convention that formed the United States' Constitution being then in session, attended at the delivery of this oration with General Washington at their head.

A Baltimore paper of September 8th, 1780, contains the following notice of Major General Gates: "A few days ago passed through this town the Hon. General Gates and lady. The General, previous to leaving Virginia, summoned his numerous family of slaves about him, and amidst their tears of affection and gratitude, gave them their FREEDOM."

In 1791 the university of William and Mary, in Virginia, conferred upon Granville Sharpe the degree of Doctor of Laws. Sharpe was at that time the acknowledged head of British abolitionists. His indefatigable exertions, prosecuted for years in the case of Somerset, procured that memorable decision in the Court of King's Bench, which settled the principle that no slave could be held in England. He was most uncompromising in his opposition to slavery, and for twenty years previous he had spoken, written, and accomplished more against it than any man living.

In the "Memoirs of the Revolutionary War in the Southern Department," by Gen. Lee, of Va., Commandant of the Partizan Legion, is the following: "The Constitution of the United States, adopted lately with so much difficulty, has effectually provided against this evil, (by importation) after a few years. It is much to be lamented that having done so much in this way, _a provision had not been made for the gradual abolition of slavery_."--p. 233, 4.

Mr. Tucker, of Virginia, Judge of the Supreme Court of that state, and professor of law in the University of William and Mary, addressed a letter to the General Assembly of that state, in 1796, urging the abolition of slavery; from which the following is an extract. Speaking of the slaves in Virginia, he says: "Should we not, at the time of the revolution, have loosed their chains and broken their fetters; or if the difficulties and dangers of such an experiment prohibited the attempt, during the convulsions of a revolution, is it not our duty, _to embrace the first moment_ of constitutional health and vigor to effectuate so desirable an object, and to remove from us a stigma with which our enemies will never fail to upbraid us, nor our consciences to reproach us?"

Mr. Faulkner, in a speech before the Virginia Legislature, Jan. 20, 1832, said--"The idea of a gradual emancipation and removal of the slaves from this commonwealth, is coeval with the declaration of our independence from the British yoke. It sprung into existence during the first session of the General Assembly, subsequent to the formation of your republican government. When Virginia stood sustained in her legislation by the pure and philosophic intellect of Pendleton--by the patriotism of Mason and Lee--by the searching vigor and sagacity of Wythe, and by the all-embracing, all-comprehensive genius of Thomas Jefferson! Sir, it was a committee composed of those five illustrious men, who, in 1777, submitted to the general assembly of this state, then in session, _a plan for the gradual emancipation of the slaves of this commonwealth_."

Hon. Benjamin Watkins Leigh, late United States' senator from Virginia, in his letters to the people of Virginia, in 1832, signed Appomattox, p. 43, says: "I thought, till very lately, that it was known to every body that during the Revolution, _and for many years after, the abolition of slavery was a favorite topic with many of our ablest statesmen_, who entertained, with respect, all the schemes which wisdom or ingenuity could suggest for accomplishing the object. Mr. Wythe, to the day of his death, _was for a simple abolition, considering the objection to color as founded in prejudice_. By degrees, all projects of the kind were abandoned. Mr. Jefferson _retained_ his opinion, and now we have these projects revived."

Governor Barbour, of Virginia, in his speech in the U.S. Senate, on the Missouri question, Jan. 1820, said:--"We are asked why has Virginia _changed her policy_ in reference to slavery? That the sentiments of _our most distinguished men_, for thirty years _entirely corresponded_ with the course which the friends of the restriction (of slavery in Missouri) now advocated; and that the Virginia delegation, one of whom was the late President of the United States, voted for the restriction, (of slavery) in the northwestern territory, and that Mr. Jefferson has delineated a gloomy picture of the baneful effects of slavery. When it is recollected that the Notes of Mr. Jefferson were written during the progress of the revolution, it is no matter of surprise that the writer should have imbibed a large portion of that enthusiasm which such an occasion was so well calculated to produce. As to the consent of the Virginia delegation to the restriction in question, whether the result of a disposition to restrain the slave trade indirectly, or the influence of that enthusiasm to which I have just alluded, * * * * it is not now important to decide. We have witnessed its effects. The liberality of Virginia, or, as the result may prove, her folly, which submitted to, or, if you will, PROPOSED _this measure_, (abolition of slavery in the N.W. territory) has eventuated in effects which speak a monitory lesson. _How is the representation from this quarter on the present question?_"

Mr. Imlay, in his early history of Kentucky, p. 185, says: "We have disgraced the fair face of humanity, and trampled upon the sacred privileges of man, at the very moment that we were exclaiming against the tyranny of your (the English) ministry. But in contending for the birthright of freedom, we have learned to feel _for the bondage of others_, and in the libations we offer to the goddess of liberty, we _contemplate an emancipation of the slaves of this country_, as honorable to themselves as it will be glorious to us."

In the debate in Congress, Jan, 20, 1806, on Mr. Sloan's motion to lay a tax on the importation of slaves, Mr. Clark of Va. said: "He was no advocate for a system of slavery." Mr. Marion, of S. Carolina, said: "He never had purchased, nor should he ever purchase a slave." Mr. Southard said: "Not revenue, but an expression of the _national sentiment_ is the principal object." Mr. Smilie--"I rejoice that the word (slave) is not in the constitution; its not being there does honor to the worthies who would not suffer it to become a _part_ of it." Mr. Alston, of N. Carolina--"In two years we shall have the power to prohibit the trade altogether. Then this House will be UNANIMOUS. No one will object to our exercising our full constitutional powers." National Intelligencer, Jan. 24, 1806.

These witnesses need no vouchers to entitle them to credit; nor their testimony comments to make it intelligible--their _names_ are their _endorsers_ and their strong words their own interpreters. We wave all comments. Our readers are of age. Whosoever hath ears to _hear_, let him HEAR. And whosoever will not hear the fathers of the revolution, the founders of the government, its chief magistrates, judges, legislators and sages, who dared and periled all under the burdens, and in the heat of the day that tried men's souls--then "neither will he be persuaded though THEY rose from the dead."

Some of the points established by the testimony are--The universal expectation that the _moral_ influence of Congress, of state legislatures, of seminaries of learning, of churches, of the ministers of religion, and of public sentiment widely embodied in abolition societies, would be exerted against slavery, calling forth by argument and appeal the moral sense of the nation, and creating a power of opinion that would abolish the system throughout the union. In a word, that free speech and a free press would be wielded against slavery without ceasing and without restriction. Full well did the south know, not only that the national government would probably legislate against slavery wherever the constitution placed it within its reach, but she knew also that Congress had already marked out the line of national policy to be pursued on the subject--had committed itself before the world to a course of action against slavery, wherever she could move upon it without encountering a conflicting jurisdiction--that the nation had established by solemn ordinance memorable precedent for subsequent action, by abolishing slavery in the northwest territory, and by declaring that it should never thenceforward exist there; and this too, as soon as by cession of Virginia and other states, the territory came under Congressional control. The south knew also that the sixth article in the ordinance prohibiting slavery was first proposed by the largest slaveholding state in the confederacy--that the chairman of the committee that reported the ordinance was a slaveholder--that the ordinance was enacted by Congress during the session of the convention that formed the United States Constitution--that the provisions of the ordinance were, both while in prospect, and when under discussion, matters of universal notoriety and _approval_ with all parties, and when finally passed, received the vote _of every member of Congress from each of the slaveholding states_. The south also had every reason for believing that the first Congress under the constitution would _ratify_ that ordinance--as it _did_ unanimously.

A crowd of reflections, suggested by the preceding testimony, press for utterance. The right of petition ravished and trampled by its constitutional guardians, and insult and defiance hurled in the faces of the SOVEREIGN PEOPLE while calmly remonstrating _with their_ SERVANTS for violence committed on the nation's charter and their own dearest rights! Add to this "the right of peaceably assembling" violently wrested--the rights of minorities, _rights_ no longer--free speech struck dumb--free _men_ outlawed and murdered--free presses cast into the streets and their fragments strewed with shoutings, or flourished in triumph before the gaze of approving crowds as proud members of prostrate law!

The spirit and power of our fathers, where are they? Their deep homage always and every where rendered to FREE THOUGHT, with its _inseparable signs--free speech and a free press_--their reverence for justice, liberty, _rights_ and all-pervading law, where are they?

But we turn from these considerations--though the times on which we have fallen, and those towards which we are borne with headlong haste, call for their discussion as with the voices of departing life--and proceed to topics relevant to the argument before us.

The seventh article of the amendments to the constitution is alleged to withhold from Congress the power to abolish slavery in the District. "No person shall be deprived of life, liberty, or property, without due process of law." All the slaves in the District have been "deprived of liberty" by legislative acts. Now, these legislative acts "depriving" them "of liberty," were either "due process of law," or they were _not_. If they _were_, then a legislative act, taking from the master that "property" which is the identical "liberty" previously taken from the slave, would be "due process of law" _also_, and of course a _constitutional_ act; but if the legislative acts "depriving" them of "liberty" were _not_ "due process of law," then the slaves were deprived of liberty _unconstitutionally_, and these acts are _void_. In that case the _constitution emancipates them_.

If the objector reply, by saying that the import of the phrase "due process of law," is _judicial_ process solely, it is granted, and that fact is our rejoinder; for no slave in the District _has_ been deprived of his liberty by "a judicial process," or, in other words, by "due process of law;" consequently, upon the objector's own admission, every slave in the District has been deprived of liberty _unconstitutionally_, and is therefore _free by the constitution_. This is asserted only of the slaves under the "exclusive legislation" of Congress.

The last clause of the article under consideration is quoted for the same purpose: "Nor shall private property be taken for public use without just compensation." Each of the state constitutions has a clause of similar purport. The abolition of slavery in the District by Congress, would not, as we shall presently show, violate this clause either directly or by implication. Granting for argument's sake, that slaves are "private property," and that to emancipate them, would be to "take private property" for "public use," the objector admits the power of Congress to do _this_, provided it will do something _else_, that is, _pay_ for them. Thus, instead of denying the _power_, the objector not only admits, but _affirms_ it, as the ground of the inference that compensation must accompany it. So far from disproving the existence of _one_ power, the objector asserts the existence of _two_--one, the power to take the slaves from their masters, the other, the power to take the property of the United States to pay for them.

If Congress cannot constitutionally impair the right of private property, or take it without compensation, it cannot constitutionally, _legalise_ the perpetration of such acts, by _others_, nor _protect_ those who commit them. Does the power to rob a man of his earnings, rob the earner of his right to them? Who has a better right to the _product_ than the producer?--to the _interest_, than the owner of the _principal_?--to the hands and arms, than he from whose shoulders they swing?--to the body and soul, than he whose they _are_? Congress not only impairs but annihilates the right of private property, while it withholds from the slaves of the District their title to _themselves_. What! Congress powerless to protect a man's right to _himself_, when it can make inviolable the right to a _dog_! But, waving this, I deny that the abolition of slavery in the District would violate this clause. What does the clause prohibit? The "taking" of "private property" for "public use." Suppose Congress should emancipate the slaves in the District, what would it "_take_?" Nothing. What would it _hold_? Nothing. What would it put to "public use?" Nothing. Instead of _taking_ "private property," Congress, by abolishing slavery, would say "_private property_ shall not _be_ taken; and those who have been robbed of it already, shall be kept out of it no longer; and since every man's right to his own body is _paramount_, he shall be protected in it." True, Congress may not arbitrarily take property, _as_ property, from one man and give it to another--and in the abolition of slavery no such thing is done. A legislative act changes the _condition_ of the slave--makes him his own _proprietor_ instead of the property of another. It determines a question of _original right_ between two classes of persons--doing an act of justice to one, and restraining the other from acts of injustice; or, in other words, preventing one from robbing the other, by granting to the injured party the protection of just and equitable laws.

Congress, by an act of abolition, would change the condition of seven thousand "persons" in the District, but would "take" nothing. To construe this provision so as to enable the citizens of the District to hold as property, and in perpetuity, whatever they please, or to hold it as property in all circumstances--all necessity, public welfare, and the will and power of the government to the contrary notwithstanding--is a total perversion of its whole _intent_. The _design_ of the provision, was to throw up a barrier against Governmental aggrandizement. The right to "take property" for _State uses_ is one thing;--the right so to adjust the _tenures_ by which property is held, that _each may have his own secured to him_, is another thing, and clearly within the scope of legislation. Besides, if Congress were to "take" the slaves in the District, it would be _adopting_, not abolishing slavery--becoming a slaveholder itself, instead of requiring others to be such no longer. The clause in question, prohibits the "taking" of individual property for public uses, to be employed or disposed of as property for governmental purposes. Congress, by abolishing slavery in the District, would do no such thing. It would merely change the _condition_ of that which has been recognised as a qualified property by congressional acts, though previously declared "persons" by the constitution. More than this is done continually by Congress and every other Legislature. Property the most absolute and unqualified, is annihilated by legislative acts. The embargo and non-intercourse act, prostrated at a stroke, a forest of shipping, and sunk millions of capital. To say nothing of the power of Congress to take hundreds of millions from the people by direct taxation, who doubts its power to abolish at once the whole tariff system, change the seat of Government, arrest the progress of national works, prohibit any branch of commerce with the Indian tribes or with foreign nations, change the locality of forts, arsenals, magazines, dock yards, &c., to abolish the Post Office system, the privilege of patents and copyrights, &c. By such acts Congress might, in the exercise of its acknowledged powers, annihilate property to an incalculable amount, and that without becoming liable to claims for compensation.