Chapter I: Of the State of Affairs in America, Which Has Led to This

PROSECUTION--THE ENCROACHMENTS OF A POWER HOSTILE TO DEMOCRATIC INSTITUTIONS.

In a republic where all emanates from the People, political institutions must have a Basis of Idea in the Nation's Thought, before they can acquire a Basis of Fact in the Force of the Nation. Now in America there are two diverse Ideas recognized as principles of Action--the Idea of Freedom and the Idea of Slavery. Allow me to read my analysis and description of each.

The Idea of Freedom first got a national expression on the
Fourth of July, 1776. Here it is. I put it in a philosophic
form. There are five points to it.

First, All men are endowed by their Creator with certain
natural rights, amongst which is the right to life, liberty,
and the pursuit of happiness.

Second, These rights are unalienable; they can be alienated
only by the possessor thereof; the father cannot alienate
them for the son, nor the son for the father; nor the
husband for the wife, nor the wife for the husband; nor the
strong for the weak, nor the weak for the strong; nor the
few for the many, nor the many for the few; and so on.

Third, In respect to these, all men are equal; the rich man
has not more, and the poor less; the strong man has not
more, and the weak man less:--all are exactly equal in these
rights, however unequal in their powers.

Fourth, It is the function of government to secure these
natural, unalienable, and equal rights to every man.

Fifth, Government derives all its divine right from its
conformity with these ideas, all its human sanction from the
consent of the governed.

That is the Idea of Freedom. I used to call it "the American
Idea;" that was when I was younger than I am to-day. It is
derived from human nature; it rests on the immutable Laws of
God; it is part of the natural religion of mankind. It
demands a government after natural Justice, which is the
point common between the conscience of God and the
conscience of mankind; it is the point common also between
the interests of one man and of all men.

Now this government, just in its substance, in its form must
be democratic: that is to say, the government of all, by
all, and for all. You see what consequences must follow from
such an idea, and the attempt to reenact the Law of God into
political institutions. There will follow the freedom of the
people, respect for every natural right of all men, the
rights of their body and of their spirit--the rights of mind
and conscience, heart and soul. There must be some
restraint--as of children by their parents, as of bad men by
good men; but it will be restraint for the joint good of all
parties concerned; not restraint for the exclusive benefit
of the restrainer. The ultimate consequence of this will be
the material and spiritual welfare of all--riches, comfort,
noble manhood, all desirable things.

That is the Idea of Freedom. It appears in the Declaration
of Independence; it reappears in the Preamble to the
American Constitution, which aims "to establish Justice,
insure domestic tranquillity, provide for the common
defence, promote the general welfare, and secure the
blessings of Liberty." That is a religious idea; and when
men pray for the "Reign of Justice" and the "Kingdom of
Heaven" to come on earth politically, I suppose they mean
that there may be a Commonwealth where every man has his
natural rights of mind, body, and estate.

* * * * *

Next is the Idea of Slavery. Here it is. I put it also in a
philosophic form. There are three points which I make.

First, There are no natural, unalienable, and equal rights,
wherewith men are endowed by their Creator; no natural,
unalienable, and equal right to life, liberty, and the
pursuit of happiness.

Second, There is a great diversity of powers, and in virtue
thereof the strong man may rule and oppress, enslave and
ruin the weak, for his interest and against theirs.

Third, There is no natural law of God to forbid the strong
to oppress the weak, and enslave and ruin the weak.

That is the Idea of Slavery. It has never got a national
expression in America; it has never been laid down as a
Principle in any act of the American people, nor in any
single State, so far as I know. All profess the opposite;
but it is involved in the Measures of both State and Nation.
This Idea is founded in the selfishness of man; it is
atheistic.

The idea must lead to a corresponding government; that will
be unjust in its substance,--for it will depend not on
natural right, but on personal force; not on the
Constitution of the Universe, but on the compact of men. It
is the abnegation of God in the universe and of conscience
in man. Its form will be despotism,--the government of all,
by a part, for the sake of a part. It may be a single-headed
despotism, or a despotism of many heads; but whether a
Cyclops or a Hydra, it is alike "the abomination which
maketh desolate." Its ultimate consequence is plain to
foresee--poverty to a nation, misery, ruin.

* * * * *

These two Ideas are now fairly on foot. They are hostile;
they are both mutually invasive and destructive. They are in
exact opposition to each other, and the nation which
embodies these two is not a figure of equilibrium. As both
are active forces in the minds of men, and as each idea
tends to become a fact--a universal and exclusive fact,--as
men with these ideas organize into parties as a means to
make their idea into a fact,--it follows that there must not
only be strife amongst philosophical men about these
antagonistic Principles and Ideas, but a strife of practical
men about corresponding Facts and Measures. So the quarrel,
if not otherwise ended, will pass from words to what seems
more serious; and one will overcome the other.

So long as these two Ideas exist in the nation as two
political forces, there is no national unity of Idea, of
course no unity of action. For there is no centre of gravity
common to Freedom and Slavery. They will not compose an
equilibrious figure. You may cry "Peace! Peace!" but so long
as these two antagonistic Ideas remain, each seeking to
organize itself and get exclusive power, there is no peace;
there can be none.

The question before the nation to-day is, Which shall
prevail--the Idea and Fact of Freedom, or the Idea and the
Fact of Slavery; Freedom, exclusive and universal, or
Slavery, exclusive and universal? The question is not
merely, Shall the African be bond or free? but, Shall
America be a Democracy or a Despotism? For nothing is so
remorseless as an idea, and no logic is so strong as the
historical development of a national idea by millions of
men. A measure is nothing without its Principle. The Idea
which allows Slavery in South Carolina will establish it
also in New England. The bondage of a black man in
Alexandria imperils every white woman's daughter in Boston.
You cannot escape the consequences of a first Principle more
than you can "take the leap of Niagara and stop when
half-way down." The Principle which recognizes Slavery in
the Constitution of the United States would make all America
a Despotism, while the Principle which made John Quincy
Adams a free man would extirpate Slavery from Louisiana and
Texas. It is plain America cannot long hold these two
contradictions in the national consciousness. Equilibrium
must come.[4]

[Footnote 4: See this statement in Mr. Parker's Additional Speeches, Addresses, and Occasional Sermons. Boston, 1855, vol. ii. p. 250, _et seq._]

These two ideas are represented by two parties which aim at the ultimate organization of their respective doctrines, the party indicating the special tendency towards Democracy or Despotism. The Party of Freedom is not yet well organized; that of Slavery is in admirable order and discipline. These two parties are continually at war attended with various success.

1. In the individual States of the North, since the Revolution, the Party of Freedom has gained some great victories; it has abolished Personal Slavery in every northern State, and on a deep-laid foundation has built up Democratic Institutions with well proportioned beauty. The Idea of Freedom, so genial to the Anglo-Saxon, so welcome to all of Puritanic birth and breeding, has taken deep root in the consciousness of the great mass of the People at the North. In the severe simplicity of national deduction they will carry it to logical conclusions not yet foreseen by human providence. The free States are progressively democratic.

But in all the Northern States, and more especially in its cities,--and here chiefly among the men of exclusive intellectual culture and the votaries of commerce and its riches,--there are exceptional men who embrace the Idea of Slavery and belong to its Party. They know no law higher than the transient interest of their politics or their commerce, their ease or ambition. They may not theoretically hate the People, but they so love their own money, their own ease or pleasure, that practically they oppose what promotes the welfare of mankind, and seek their own personal advancement to the injury of the human race. These are Northern men with Southern "Principles." They have their Journals too well known in Boston to need mention here.

2. In the individual States of the South, the Idea and Party of Slavery has also gained great victories and been uniformly successful; it has extended and strengthened personal slavery, which has now a firmer hold in the minds of the controlling classes of Southern men,--the rich and "educated,"--than in 1776, or ever before. The Southern States are progressively despotic.

Still, in all the Southern States there are exceptional men, hostile to slavery,--the intelligent and religious from conviction, others from mere personal interest. These are Southern men with Northern Principles. They are much oppressed at home--kept from political advancement or social respectability, as much as democrats would be at Rome or Naples,--have no journals and little influence.

3. In the Federal Government, the warfare goes on, each party seeking for mastery over the whole United States--the contest is carried on in Congress, in all the local legislatures; newspapers, speeches, even sermons, resound with the din of battle. See what forces contend and with what results.

The nation lives by its productive industry, whereof there are these five chief departments:--Hunting and Fishing, the appropriation of the spontaneous live products of the land and sea; Agriculture, the use of the productive forces of the earth's surface; Mining, the appropriation of the metallic products of her bosom; Manufactures, the application of toil and thought to the products of Hunting and Fishing, Mining and Agriculture; Commerce, the exchange of value, distribution of the products of these four departments of industry, directly productive.

Hunting and Fishing, Mining, Manufactures, Commerce, are mainly in the hands of Northern men--the South is almost wholly Agricultural. Her wealth consists of land and slaves. In 1850 the fifteen slave States had not fourteen hundred millions of other property. In the South property, with its consequent influence, is in few hands--in the North it is wide spread.

Now the few controlling men of the South, the holders of land and slaves, have Unity of pecuniary Interest--the support of Slavery as a local measure,--for it is the source of their material wealth, and also a consequent Unity of political Idea, the support of Slavery as a universal Principle, for it is the source likewise of their political power. Accordingly the South presents against the North an even and well-disciplined front of veteran soldiers, is always hostile to Freedom, and as her "best educated" men devote much time to politics, making it the profession of their whole lives, it is plain they become formidable antagonists.

But the North has a great variety of conflicting interests, a great amount of intellectual activity, where education and its consequent habits of reading and thinking are so wide spread, and therefore a great variety of opinion. Accordingly there is not the same Unity of pecuniary Interest and of political Idea, which distinguishes the South. Besides, in the North the ablest and best educated men do not devote their time to the thankless and stormy calling of politics; Virginia cares for nothing but Negroes and Politics, her loins and her brains gender but this twofold product: Massachusetts and New York care for much beside. So the North does not present against the South an even and well-disciplined front of veteran soldiers, but a ragged, discordant line of raw recruits, enlisting for a short time with some special or even personal local interest to serve.

What makes the matter yet worse for us, Gentlemen of the Jury, is this: While the great mass of the people at the North, engrossed in direct productive industry, are really hostile to slavery, those absorbed in the large operations of commerce, taken as a whole class, feel little interest in the Idea of Freedom; nay, they are positively opposed to it. Before the African Slave-trade was treated like other kindred forms of piracy, as a capital crime, they had their ships in that felonious traffic; and now their vessels engage in the American Slave-trade and their hand still deals in the bodies of their fellow men. In all the great commercial cities, like Philadelphia, New York and Boston these men prevail, and are the "eminent citizens," overslaughing the press, the pulpit, the bar, and the court, with the Ideas of their lower law, and sweeping along all metropolitan and suburban fashion and respectability in their slimy flood. Hence the great cities of the North, governed by the low maxims of this class, have become the asylum of Northern men with Southern "Principles," and so the strong-hold of Slavery. And hitherto these great cities have controlled the politics of the Northern States, crowding the Apostles of Freedom out from the national board, and helping the party of slavery to triumph in all great battles.

Thus aided, for many years the South has always elected her candidate for the Presidency by the vote of the people. But the American Executive is twofold,--part Presidential, part Senatorial. Sometimes these two Executives are concordant, sometimes discordant. The Senatorial Executive has always carried the day against the less permanent Presidential power, except in the solitary case where General Jackson's unconquerable will and matchless popularity enabled him to master the senate itself, who "registered" his decrees, or "expunged" their own censure, just as the iron ruler gave orders.

Now by means of the control which the Northern Cities have over the Northern States, and such Commercial Men over those cities, it has come to pass that not only the Presidential, but also the Senatorial Executive, has long been hostile to the Idea of Freedom.

Gentlemen of the Jury, the direct consequence is obvious,--the Party of Slavery has long been the conqueror in the field of Federal politics. In the numerous and great conflicts between the two, Freedom has prevailed against Slavery only twice since the close of the Revolutionary War,--in prohibiting involuntary servitude in the North-west Territory in 1787, and in the abolition of the African Slave-trade in 1808. Her last triumph was forty-seven years ago,--nay, even that victory was really achieved twenty years before at the adoption of the constitution. In this warfare we have not gained a battle for freedom since 1788!

For a time it seemed doubtful which would triumph, though Slavery gained Kentucky and Tennessee, and Louisiana was purchased as slave soil in 1803. But in 1820 slavery became the obvious and acknowledged master in the Federal Territory, marched victorious over the Mississippi, planted itself in Missouri, and has subsequently taken possession of Mississippi, Alabama and Arkansas, all slave States; has purchased Florida; "reannexed" Texas; conquered Utah, New Mexico and California, all slave soil; and from Freedom and the North has just now reconquered Kansas and Nebraska. Ever since the Missouri Compromise in 1820 Slavery has been really the master, obviously so since the annexation of Texas in 1845. The slave-power appoints all the great national officers, executive, diplomatic, judicial, naval and military,--it controls the legislative departments. Look at this Honorable Court, Gentlemen, and recognize its power!

The idea of Slavery must be carried out to its logical consequence, so our masters now meditate two series of Measures, both necessary to the development of Slavery as a Principle.

(I.) African Slavery is to be declared a Federal Institution, national and sectional, and so extended into all the Territories of the United States. New soil is to be bought or plundered from Hayti, Spain, Mexico, South America "and the rest of mankind," that slavery may be planted there; that is the purpose of all the Official Fillibustering of the Government, and the Extra-official Fillibustering which it starts, or allows; Quitman "Enterprises," Kinney "Expeditions," Black Warrior and El Dorado "difficulties," all point to this; the "Ostend Conference" is a step in that direction; Slavery is to be restored to the so called "Free States," reestablished in all the North. That is the design of the fugitive slave bill in 1850, and the kidnapping of northern men consequent thereon for the last five years; of President Pierce's inaugural declarations in behalf of slavery in 1853; of Mr. Toombs's threat in 1854, that "soon the master with his slaves will sit down at the foot of Bunker Hill Monument;" of Mr. Toucey's Bill in 1855, providing that when a kidnapper violates the local laws of any State, he shall be tried by the fugitive slave bill court. Then the African Slave-trade is to be restored by federal enactments, or judicial decisions of the "Supreme Court of the United States." All these steps belong to Measure number One. The Supreme Court is ready to execute the commands of its lord. Soon you will see more "decisions" adverse to humanity.

(II.) The next movement is progressively to weaken and ultimately to destroy the Democratic Institutions of the North,--yes, also of the South. This design is indicated and sustained by some of the measures already mentioned as connected with the first purpose.

To this point tend the words of President Pierce addressed to the soldiers of 1812 on the 8th of January 1855, in which he speaks of such as "disseminate political heresies," that is, the Idea of Freedom; "revile the government,"--expose its hostility against the unalienable Rights of man; "deride our institutions,"--to wit, the patriarchal institution of Slavery; "sow political dissensions,"--advise men not to vote for corrupt tools of the government; "set at defiance the laws of the land,"--meaning the fugitive slave bill which commands kidnapping.

There belong the attempts of the Federal courts to enlarge their jurisdiction at the expense of State Rights; the cry, "Union first and Liberty afterwards;" the shout "No higher law," "Religion nothing to do with Politics."

Thence come the attacks made on the freedom of the pulpit, of the press, and all freedom of speech. The Individual State which preserves freedom must be put down,--the individual person who protests against it must be silenced. No man must hold a federal office,--executive, diplomatic, judicial, or "ministerial,"--unless he has so far conquered his "prejudices" in favor of the natural Rights of man that he is ready to enslave a brother with alacrity. All these steps belong to Measure number Two.

This latter Measure advances to its execution, realizing the Idea of Slavery, with subtle steps, yet creeps on rapid-moving feet. See how it has gained ground latterly. Obviously the fugitive slave bill struck only at the natural Rights of Colored men--as valuable as those of white men, but the colored are few and the white many,--the experiment must be made on the feebler body. But this despotism cannot enslave a black girl without thereby putting in peril the liberty of every white man. At first our masters only asked of Boston a little piece of chain, but just long enough to shackle the virtuous hands of Ellen Craft, a wife and mother, whom her Georgian "owner" wished to sell as a harlot at New Orleans! A meeting was summoned at Faneuil Hall, and Boston answered, "Yes, here is the chain. Let the woman-hunter capture Ellen Craft, make her a Prostitute at New Orleans. She is a virtuous wife and mother,--but no matter. Slavery is king and commands it. Let the 'owner' have his chain."

There is no escaping the consequence of a first Principle. Soon that little chain lengthened itself out, and coiled itself all round the court house, and how greedily your judges stooped to go under! This Anaconda of the Dismal Swamp wound its constricting twists about the neck of all your courts, and the Judges turned black in the face, and when questioned of law, they could not pronounce "Habeas Corpus," "Trial by Jury," nor utter a syllable for the Bible or the Massachusetts Constitution, but only wheeze and gurgle and squeak and gibber out their defences of Slavery! No, Boston could not bewray a woman wandering towards freedom, without chaining the court house and its judges, putting the town in a state of siege,--insolent soldiers striking at the people's neck. Now the attempt is making by this Honorable Court to put the same chain round Faneuil Hall, so that the old Cradle of Liberty shall no more rock to manhood the noble sons of freedom, but only serve as a nest that the spawn of Bondage may hibernate therein.

I am on trial because I hate Slavery, because I love freedom for the black man, for the white man, and for all the human Race. I am not arraigned because I have violated the statute on which the indictment is framed--no child could think it--but because I am an advocate of Freedom, because my Word, my Thoughts, my Feelings, my Actions, nay, all my Life, my very Existence itself, are a protest against Slavery. Despotism cannot happily advance unless I am silenced. It is very clear logic which indicts me. Private personal malice, deep, long cherished, rancorous, has doubtless jagged and notched and poisoned too the public sword which smites at my neck. Still it is the public sword of Slavery which is wielded against me. Against ME? Against YOU quite as much--against your children. For as Boston could not venture to kidnap a negro woman, without bringing down that avalanche of consequences connected with the Principle of Slavery,--without chains on her Judges, falsehood in her officers, blood in her courts, and drunken soldiers in her streets, and hypocrisy in her man-hunting ministers,--no more can she put me to silence alone. The thread which is to sew my lips together, will make your mouths but a silent and ugly seam in your faces. Slavery is Plaintiff in this case; Freedom Defendant. Before you as Judges, I plead your own cause--for you as defendant. I will not insult you by the belief or the fear that you can do other than right, in a matter where the law is so plain, and the Justice clear as noonday light. But should you decide as the wicked wish, as the court longs to instruct you, you doom your mouths to silence; you bow your manly faces to the ground, destine your memories to shame, and your children to bondage worse than negro slavery.

* * * * *

Such, Gentlemen of the Jury, is the state of affairs leading to this Prosecution--such the past, present, and prospective Encroachments of a Power hostile to Democratic Institutions and the unalienable Rights they were designed to protect. Such also are the two Measures now in contemplation,--the Extension of African Bondage, and the Destruction of American Freedom.