The Anti-Slavery Examiner, Omnibus
Chapter 222 : Mr. Baldwin (of Ga.) was sorry the subject had ever been brought before Congress, beca

Mr. Baldwin (of Ga.) was sorry the subject had ever been brought before Congress, because it was a delicate nature, as it respected some of the States. Gentlemen who had been present at the formation of this Const.i.tution, could not avoid the recollection of the pain and difficulty which the subject caused in that body; the members from the Southern States were so tender upon this point, that they had well nigh broken up without coming to any determination; however, from the extreme desire of preserving the Union, and obtaining an efficient government, they were induced mutually, to concede, and the Const.i.tution jealously guarded what they agreed to. If gentlemen look over the footsteps of that body, they will find the greatest degree of caution used to imprint them, so as not to be easily eradicated; but the moment we go to jostle on that ground, said he, I fear we shall feel it tremble under our feet. Congress have no power to interfere with the importation of slaves, beyond what is given in the 9th section of the first article of the Const.i.tution; every thing else is interdicted to them in the strongest terms. If we examine the Const.i.tution, we shall find the expressions, relative to this subject, cautiously expressed, and more punctiliously guarded than any other part. "The migration or importation of such persons, shall not be prohibited by Congress." But lest this should not have secured the object sufficiently, it is declared in the same section, "That no capitation or direct tax shall be laid, unless in proportion to the census;" this was intended to prevent Congress from laying any special tax upon negro slaves, as they might, in this way, so burthen the possessors of them, as to induce a general emanc.i.p.ation. If we go on to the 5th article, we shall find the 1st and 5th clauses of the 9th section of the 1st article restrained from being altered before the year 1808.

Gentlemen have said, that this pet.i.tion does not pray for an abolition of the slave-trade; I think, sir, it prays for nothing else, and therefore we have no more to do with it, than if it prayed us to establish an order of n.o.bility, or a national religion.

Mr. Sylvester of (N.Y.) said that he had always been in the habit of respecting the society called Quakers; he respected them for their exertions in the cause of humanity, but he thought the present was not a time to enter into a consideration of the subject, especially as he conceived it to be a business in the province of the State legislature.

Mr. Lawrance of (of N.Y.) observed that the subject would undoubtedly come under the consideration of the House; and he thought, that as it was now before them, that the present time was as proper as any; he was therefore for committing the memorial; and when the prayer of it had been properly examined, they could see how far congress may const.i.tutionally interfere; as they knew the limits of their power on this, as well as on every other occasion, there was no just apprehension to be entertained that they would go beyond them.

Mr. Smith (of S.C.) insisted that it was not in the power of the House to grant the prayer of the pet.i.tion, which went to the total abolishment of the slave trade, and it was therefore unnecessary to commit it. He observed, that in the Southern States, difficulties had arisen on adopting the Const.i.tution, inasmuch as it was apprehended, that Congress might take measures under it for abolis.h.i.+ng the slave-trade.

Perhaps the pet.i.tioners, when they applied to this house, did not think their object unconst.i.tutional, but now they are told that it is, they will be satisfied with the answer, and press it no further. If their object had been for Congress to lay a duty of ten dollars per head on the importation of slaves, they would have said so, but that does not appear to have been the case; the commitment of the pet.i.tion, on that ground, cannot be contended; if they will not be content with that, shall it be committed to investigate facts? The pet.i.tion speaks of none; for what purpose then shall it be committed? If gentlemen can a.s.sign no good reason for the measure, they will not support it, when they are told that it will create great jealousies and alarm in the Southern States; for I can a.s.sure them, that there is no point on which they are more jealous and suspicious, than on a business with which they think the government has nothing to do.

When we entered into this Confederacy, we did it from political, not from moral motives, and I do not think my const.i.tuents want to learn morals from the pet.i.tioners; I do not believe they want improvement in their moral system; if they do, they can get it at home.

The gentleman from Georgia, has justly stated the jealousy of the Southern States. On entering into this government, they apprehended that the other States, not knowing the necessity the citizens of the Southern States were under to hold this species of property, would, from motives of humanity and benevolence, be led to vote for a general emanc.i.p.ation; and had they not seen that the Const.i.tution provided against the effect of such a disposition, I may be bold to say, they never would have adopted it. And notwithstanding all the calmness with which some gentlemen have viewed the subject, they will find, that the discussion alone will create great alarm. We have been told, that if the discussion will create alarm, we ought to have avoided it, by saying nothing; but it was not for that purpose that we were sent here, we look upon this measure as an attack upon the palladium of the property of our country; it is therefore our duty to oppose it by every means in our power. Gentlemen should consider that when we entered into a political connexion with the other States, that this property was there; it was acquired under a former government, conformably to the laws and Const.i.tution; therefore anything that will tend to deprive them of that property, must be an _ex post facto_ law, and as such is forbid by our political compact.

I said the States would never have entered into the confederation, unless their property had been guaranteed to them, for such is the state of agriculture in that country, that without slaves it must be depopulated. Why will these people then make use of arguments to induce the slave to turn his hand against his master? We labor under difficulties enough from the ravages of the late war. A gentleman can hardly come from that country, with a servant or two, either to this place or Philadelphia, but what there are persons trying to seduce his servants to leave him; and, when they have done this, the poor wretches are obliged to rob their master in order to obtain a subsistence; all those, therefore, who are concerned in this seduction, are accessaries to the robbery.

The reproaches which they cast upon the owners of negro property, is charging them with the want of humanity; I believe the proprietors are persons of as much humanity as any part of the continent and are as conspicuous for their good morals as their neighbors. It was said yesterday, that the Quakers were a society known to the laws, and the Const.i.tution, but they are no more so than other religious societies; they stand exactly in the same situation; their memorial, therefore, relates to a matter in which they are no more interested than any other sect, and can only be considered as a piece of advice; it is customary to refer a piece of advice to a committee, but if it is supposed to pray for what they think a moral purpose, is that sufficient to induce us to commit it? What may appear a moral virtue in their eyes, may not be so in reality. I have heard of a sect of Shaking Quakers, who, I presume, suppose their tenets of a moral tendency; I am informed one of them forbids to intermarry, yet in consequence of their shakings and concussions, you may see them with a numerous offspring about them. Now, if these people were to pet.i.tion Congress to pa.s.s a law prohibiting matrimony, I ask, would gentlemen agree to refer such a pet.i.tion? I think if they would reject one of that nature, as improper, they ought also to reject this.

Mr. Page (of Va.) 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. He observed that gentlemen had founded their arguments upon a misrepresentation; for the object of the memorial was not declared to be the total abolition of the slave trade: but that Congress would consider, whether it be not in reality within their power to exercise justice and mercy, which, if adhered to, they cannot doubt must produce the abolition of the slave trade. If then the prayer contained nothing unconst.i.tutional, he trusted the meritorious effort would not be frustrated. 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 cla.s.s 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.

He presumed that these unfortunate people would reason in the same way; and he, therefore, conceived the most likely way to prevent danger, was to commit the pet.i.tion. He lived in a State which had the misfortune of having in her bosom a great number of slaves, he held many of them himself, and was as much interested in the business, he believed, as any gentleman in South Carolina or Georgia, yet, if he was determined to hold them in eternal bondage, he should feel no uneasiness or alarm on account of the present measure, because he should rely upon the virtue of Congress, that they would not exercise any unconst.i.tutional authority.

Mr. Madison (of Va.) The debate has taken a serious turn, and it will be owing to this alone if an alarm is created; for had the memorial been treated in the usual way, it would have been considered as a matter of course, and a report might have been made, so as to have given general satisfaction.

If there was the slightest tendency by the commitment to break in upon the const.i.tution, he would object to it; but he did not see upon what ground such an event was to be apprehended. The pet.i.tion prayed, in general terms, for the interference of congress, so far as they were const.i.tutionally authorized; but even if its prayer was, in some degree, unconst.i.tutional, it might be committed, as was the case on Mr. Churchman's pet.i.tion, one part of which was supposed to apply for an unconst.i.tutional interference by the general government.

He admitted that congress was restricted by the const.i.tution from taking measures to abolish the slave-trade; yet there were a variety of ways by which they could countenance the abolition, and they might make some regulations respecting the introduction of them into the new States, to be formed out of the Western Territory, different from what they could in the old settled States. He thought the object well worthy of consideration.

Mr. Gerry (of Ma.s.s.) thought the interference of congress fully compatible with the const.i.tution, and could not help lamenting the miseries to which the tribes of Africa were exposed by this inhuman commerce; and said that he never contemplated the subject, without reflecting what his own feelings would be, in case himself, his children, or friends, were placed in the same deplorable circ.u.mstances. He then adverted to the flagrant acts of cruelty which are committed in carrying on that traffic; and asked whether it can be supposed, that congress has no power to prevent such transactions? He then referred to the const.i.tution, and pointed out the restrictions laid on the general government respecting the importation of slaves.

It was not, he presumed, in the contemplation of any gentleman in this house to violate that part of the const.i.tution; but that we have a right to regulate this business, is as clear as that we have any rights whatever; nor has the contrary been shown by any person who has spoken on the occasion. Congress can, agreeable to the const.i.tution, lay a duty of ten dollars on imported slaves; they may do this immediately. He made a calculation of the value of the slaves in the Southern States, and supposed they might be worth ten millions of dollars; congress have a right, if they see proper, to make a proposal to the Southern States to purchase the whole of them, and their resources in the Western Territory may furnish them with means. He did not intend to suggest a measure of this kind, he only instanced these particulars, to show that congress certainly have a right to intermeddle in the business. He thought that no objection had been offered, of any force, to prevent the commitment of the memorial.

Mr. Boudinot (of N.J.) had carefully examined the pet.i.tion, and found nothing like what was complained of by gentlemen, contained in it; he, therefore, hoped they would withdraw their opposition, and suffer it to be committed.

Mr. Smith (of S.C.) said, that as the pet.i.tioners had particularly prayed congress to take measures for the annihilation of the slave trade, and that was admitted on all hands to be beyond their power, and as the pet.i.tioners would not be gratified by a tax of ten dollars per head, which was all that was within their power, there was, of consequence, no occasion for committing it.

Mr. Stone (of Md.) thought this memorial a thing of course; for there never was a society, of any considerable extent, which did not interfere with the concerns of other people, and this kind of interference, whenever it has happened, has never failed to deluge the country in blood: on this principle he was opposed to the commitment.

The question on the commitment being about to be put, the yeas and nays were called for, and are as follows:--

Yeas.--Messrs. Ames, Benson, Boudinot, Brown, Cadwallader, Clymer, Fitzsimons, Floyd, Foster, Gale, Gerry, Gilman, Goodhue, Griffin, Grout, Hartley, Hathorne, Heister, Huntington, Lawrence, Lee, Leonard, Livermore, Madison, Moore, Muhlenberg, Pale, Parker, Partridge, Renssellaer, Schureman, Scott, Sedgwick, Seney, Sherman, Sinnickson, Smith of Maryland, Sturges, Thatcher, Trumbull, Wadsworth, White, and Wynkoop--43.

Noes--Messrs. Baldwin, Bland, Bourke, Coles, Huger, Jackson, Mathews, Sylvester, Smith of S.C., Stone, and Tucker--11.

Whereupon it was determined in the affirmative; and on motion, the pet.i.tion of the Society of Friends, at New York, and the memorial from the Pennsylvania Society, for the abolition of slavery, were also referred to a committee.--LLOYD'S DEBATES.

_Debate on Committee's Report, March_, 1790.

ELIOT'S DEBATES.

Mr. Tucker moved to modify the first paragraph by striking out all the words after the word opinion, and to insert the following: that the several memorials proposed to the consideration of this house, a subject on which its interference would be unconst.i.tutional, and even its deliberations highly injurious to some of the States in the Union.

Mr. Jackson rose and observed, that he had been silent on the subject of the reports coming before the committee, because he wished the principles of the resolutions to be examined fairly, and to be decided on their true grounds. He was against the propositions generally, and would examine the policy, the justice and the use of them, and he hoped, if he could make them appear in the same light to others as they did to him by fair argument, that the gentlemen in opposition were not so determined in their opinions as not to give up their present sentiments.

With respect to the policy of the measure, the situation of the slaves here, their situation in their native States, and the disposal of them in case of emanc.i.p.ation, should be considered. That slavery was an evil habit, he did not mean to controvert; but that habit was already established, and there were peculiar situations in countries which rendered that habit necessary. Such situations the States of South Carolina and Georgia were in--large tracts of the most fertile lands on the continent remained uncultivated for the want of population. It was frequently advanced on the floor of Congress, how unhealthy those climates were, and how impossible it was for northern const.i.tutions to exist there. What, he asked, is to be done with this uncultivated territory? Is it to remain a waste? Is the rice trade to be banished from our coasts? Are congress willing to deprive themselves of the revenue arising from that trade, and which is daily increasing, and to throw this great advantage into the hands of other countries?

Let us examine the use or the benefit of the resolutions contained in the report. I call upon gentlemen to give me one single instance in which they can be of service. They are of no use to congress. The powers of that body are already defined, and those powers cannot be amended, confirmed or diminished by ten thousand resolutions. Is not that the guide and rule of this legislature. A multiplicity of laws is reprobated in any society, and tend but to confound and perplex. How strange would a law appear which was to confirm a law; and how much more strange must it appear for this body to pa.s.s resolutions to confirm the const.i.tution under which they sit! This is the case with others of the resolutions.

A gentleman from Maryland (Mr. Stone) very properly observed, that the Union had received the different States with all their ill habits about them. This was one of these habits established long before the const.i.tution, and could not now be remedied. He begged congress to reflect on the number on the continent who were opposed to this const.i.tution, and on the number which yet remained in the Southern States. The violation of this compact they would seize on with avidity; they would make a handle of it to cover their designs against the government, and many good federalists, who would be injured by the measure, would be induced to join them: his heart was truly federal, and it had always been so, and he wished those designs frustrated. He begged congress to beware before they went too far: he called on them to attend to the interest of two whole States, as well as to the memorials of a society of quakers, who came forward to blow the trumpet of sedition, and to destroy that const.i.tution which they had not in the least contributed by personal service or supply to establish.

He seconded Mr. Tucker's motion.

Mr. Smith (of S.C.) said, the gentleman from Ma.s.sachusetts, (Mr.

Gerry,) had declared that it was the opinion of the select committee, of which he was a member, that the memorial of the Pennsylvania society, required congress to violate the const.i.tution. It was not less astonis.h.i.+ng to see Dr. Franklin taking the lead in a business which looks so much like a persecution of the Southern inhabitants, when he recollected the parable he had written some time ago, with a view of showing the immorality of one set of men persecuting others for a difference of opinion. The parable was to this effect: an old traveller, hungry and weary, applied to the patriarch Abraham for a night's lodging. In conversation, Abraham discovered that the stranger differed with him on religious points, and turned him out of doors. In the night G.o.d appeared unto Abraham, and said, where is the stranger?

Abraham answered, I found that he did not wors.h.i.+p the true G.o.d, and so I turned him out of doors. The Almighty thus rebuked the patriarch: have I borne with him three-score and ten years, and couldst thou not bear with him one night? Has the Almighty, said Mr. Smith, borne with us for more than three-score years and ten: He has even made our country opulent, and shed the blessings of affluence and prosperity on our land, notwithstanding all its slaves, and must we now be ruined on account of the tender consciences of a few scrupulous individuals who differ from us on this point?

Mr. Boudinot agreed with the general doctrines of Mr. S., but could not agree that the clause in the const.i.tution relating to the want of power in congress to prohibit the importation of such persons as any of the States, _now existing_, shall think proper to admit, prior to the year 1808, and authorizing a tax or duty on such importation not exceeding ten dollars for each person, did not extend to negro slaves.

Candor required that he should acknowledge that this was the express design of the const.i.tution, and therefore congress could not interfere in prohibiting the importation or promoting the emanc.i.p.ation of them, prior to that period. Mr. Boudinot observed, that he was well informed that the tax or duty of ten dollars was provided, instead of the five per cent. ad valorem, and was so expressly understood by all parties in the convention; that therefore it was the interest and duty of congress to impose this tax, or it would not be doing justice to the States, or equalizing the duties throughout the Union. If this was not done, merchants might bring their whole capitals into this branch of trade, and save paying any duties whatever. Mr. Boudinot observed, that the gentleman had overlooked the prophecy of St. Peter, where he foretells that among other d.a.m.nable heresies, "Through covetousness shall they with feigned words make merchandize of you."

[NOTE.--This pet.i.tion, with others of a similar object, was committed to a select committee; that committee made a report; the report was referred to a committee of the whole house, and discussed on four successive days; it was then reported to the House with amendments, and by the House ordered to be inscribed in its Journals, and then laid on the table.

That report, as amended in committee, is in the following words: The committee to whom were referred sundry memorials from the people called Quakers, and also a memorial from the Pennsylvania Society for promoting the abolition of slavery, submit the following report, (as amended in committee of the whole.)

"First: That the migration or importation of such persons as any of the States now existing shall think proper to admit, cannot be prohibited by Congress prior to the year 1808."

"Secondly: That Congress have no power to interfere in the emanc.i.p.ation of slaves, or in the treatment of them, within any of the States; it remaining with the several States alone to provide any regulations therein which humanity and true policy may require."

"Thirdly: That Congress have authority to restrain the citizens of the United States from carrying on the African Slave trade, for the purpose of supplying foreigners with slaves, and of providing by proper regulations for the humane treatment, during their pa.s.sage, of slaves imported by the said citizens into the states admitting such importations."

"Fourthly: That Congress have also authority to prohibit foreigners from fitting out vessels in any part of the United States for transporting persons from Africa to any foreign port."]

ADDRESS OF THE EXECUTIVE COMMITTEE OF THE AMERICAN ANTI-SLAVERY SOCIETY TO THE Friends of Freedom and Emanc.i.p.ation in the United States.

At the Tenth Anniversary of the American Anti-Slavery Society, held in the city of New York, May 7th, 1844,--after grave deliberation, and a long and earnest discussion,--it was decided, by a vote of nearly three to one of the members present, that fidelity to the cause of human freedom, hatred of oppression, sympathy for those who are held in chains and slavery in this republic, and allegiance to G.o.d, require that the existing national compact should be instantly dissolved; that secession from the government is a religious and political duty; that the motto inscribed on the banner of Freedom should be, NO UNION WITH SLAVEHOLDERS; that it is impracticable for tyrants and the enemies of tyranny to coalesce and legislate together for the preservation of human rights, or the promotion of the interests of Liberty; and that revolutionary ground should be occupied by all those who abhor the thought of doing evil that good may come, and who do not mean to compromise the principles of Justice and humanity.

A decision involving such momentous consequences, so well calculated to startle the public mind, so hostile to the established order of things, demands of us, as the official representatives of the American Society, a statement of the reasons which led to it. This is due not only to the Society, but also to the country and the world.

It is declared by the American people to be a self-evident truth, "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." It is further maintained by them, that "all governments derive their just powers from the consent of the governed;" that "whenever any form of government becomes destructive of human rights, it is the right of the people to alter or to abolish it, and inst.i.tute a new government, laying its foundation on such principles, and organizing its powers in such form as to them shall seem most likely to effect their safety and happiness." These doctrines the patriots of 1776 sealed with their blood. They would not brook even the menace of oppression. They held that there should be no delay in resisting at whatever cost or peril, the first encroachments of power on their liberties. Appealing to the great Ruler of the universe for the rect.i.tude of their course, they pledged to each other "their lives, their fortunes and their sacred honor," to conquer or perish in their struggle to be free.

For the example which they set to all people subjected to a despotic sway, and the sacrifices which they made, their descendants cherish their memories with grat.i.tude, reverence their virtues, honor their deeds, and glory in their triumphs.

It is not necessary, therefore, for us to prove that a state of slavery is incompatible with the dictates of reason and humanity; or that it is lawful to throw off a government which is at war with the sacred rights of mankind.

We regard this as indeed a solemn crisis, which requires of every man sobriety of thought, prophetic forecast, independent judgment, invincible determination, and a sound heart. A revolutionary step is one that should not be taken hastily, nor followed under the influence of impulsive imitation. To know what spirit they are of--whether they have counted the cost of the warfare--what are the principles they advocate--and how they are to achieve their object--is the first duty of revolutionists.