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- James Madison's Opinion on the Nullification Crisis
Dear Sir I recd. in due time your favor inclosing your two late Speeches, and requesting my views of the subject they discuss. The Speeches could not be read without leaving a strong impression of the ability & eloquence which have justly called forth the eulogies of the public. But there are doctrines espoused (in them) from which I am constrained to dissent. I allude particularly to the doctrine which I understand to assert "that the States (perhaps their Governments) have, singly, a constitutional right to resist & by force annul within itself, acts of the Government of the U. S. which it deems unauthorized by the Constitution of the U. S.; although such acts be not within the extreme cases of oppression, which justly absolve the State from the Constitutional compact to which it is a party." It appears to me that in deciding on the character of the Constitution of the U. S. it is not sufficiently kept in view, that being an unprecedented modification of the Powers of Govt. it must not be looked at thro’ the refracting medium either of a consolidated Government, or of a Confederated Govt: that being essentially different from both, it must be its own interpreter, according to its text and the facts of the case. Its characteristic peculiarities are 1. the mode of its formation, 2. its division of the Supreme powers of Govt. between the States in their united capacity, and the States in their individual capacities. 1. It was formed not by the Governments of the States as the Federal Government, superseded by it was formed; nor by a majority of the people of the U. S. as a single Community, in the manner of a consolidated Government. It was formed by the States, that is by the people of each State, acting in their highest sovereign capacity thro’ conventions representing them in that capacity, in like manner and by the same authority, as the State Constitutions were formed; with this characteristic & essential difference that the Constitution of the U. S. being a compact among the States that is the people making them, the parties to the compact, even one people for specified objects, cannot be revoked or changed at the will of any State, within its limits as the Constitution of a State may be changed at the will of the State, that is, the people who compose the State and & are the parties to its Constitution. The idea of a compact between the Governors & the Governed was exploded with the Royal doctrine that the Government was held by some tenure independent of the people. The Constitution of the U. S. is therefore within its prescribed sphere a Constitution in as strict a sense of the term, as are the Constitutions of the individual States, within their respective spheres. 2. And that it divides the supreme powers of Govt. between the two Governments is seen on the face of it; the powers of war & taxation, that is of the sword & the purse, of commerce and of treaties, &ce. vested in the Govt. of the U. S. being of as high a character as any of the powers reserved to the State Govts. If we advert to the Govt. of the U. S. as created by the Constitution it is found also to be a Govt. in as strict a sense of the term, within the sphere of its powers, as the Govts. created by the Constitutions of the States are within their respective spheres. It is like them organized into a Legislative, Executive, & Judicial Dept. It has, like them, acknowledged cases, in which the powers of those Departments are to operate. And the operation is to be the same in both; that is directly on the persons & things submitted to their power. The concurrent operation in certain cases is one of the features constituting the peculiarity of the System. Between these two Constitutional Govts., the one operating in all the States, the others operating in each respectively; with the aggregate powers of Govt. divided between them, it could not escape attention, that controversies concerning the boundary of Jurisdiction, would arise, and that without some adequate provision for deciding them, conflicts of physical force might ensue. A political System that does not provide for a peaceable & authoritative termination of occurring controversies, can be but the name & shadow of a Govt: the very object & and end of a real Govt. being the substitution of law & order for uncertainty confusion & violence. That a final decision of such controversies, if left to each of 13 States now 24, with a prospective increase, would make the Constitution & laws of the U. S. different in different States, was obvious; and equally obvious that this diversity of independent decisions must disorganize the Government of the Union, and even decompose the Union itself. Against such fatal consequences the Constitution undertakes to guard 1. by declaring that the Constitution & laws of the States in their united capacity shall have effect & any thing in the Constitution or laws of any State in its individual capacity to the contrary notwithstanding: by giving to the Judicial Authority of the U. S, an appellate supremacy in all cases arising under the Constitution; & within the course of its functions; arrangements supposed to be justified by the necessity of the case; and by the agency of the people & Legislatures of the States in electing & appointing the Functionaries of the Common Govt., whilst no corresponding relation existed between the latter, and the Functionaries of the States 2. Should these provisions be found notwithstanding the responsibility of the functionaries of the Govt. of the U. S. to the Legislatures & people of the States not to secure the State Govts. against usurpations of the Govt. of the United States, there remains within the purview of the Constn. an impeachment of the Executive & Judicial Functionaries, in case of their participation in the guilt, the prosecution to depend on the Representatives of the people in one branch, and the trial on the Representatives of the States in the other branch of the Govt. of the U. S. 3. The last resort within the purview of the Constn. is the process of amendment provided for by itself, and to be executed by the States. Whether these provisions taken together be the best that might have been made: and if not, what are the improvements that ought to be introduced, are questions altogether distinct from the object presented by your communication, which relates to the Constitution as it stands. In the event of a failure of all these Constitutional resorts against usurpations and abuses of power and of an accumulation thereof rendering passive obedience & non resistance a greater evil, than resistance & revolution, there can remain but one resort, the last of all, the appeal from the cancelled obligations of the Constitutional compact, to original rights and the law of self-preservation. This is the ultima ratio, under all Governments, whether consolidated, confederated, or partaking of both those characters. Nor can it be doubted, that in such an extremity a single State would have a right, tho’ it would be a natural not a constitutional Right to make the appeal. The same may be said indeed of particular portions of any political Community whatever, so oppressed as to be driven to a choice between the alternative evils. The proceedings of the Virginia Legislature (occasioned by the Alien & Sedition Acts) in which I had a participation, have been understood it appears, as asserting a Constitutional right, in a single State to nullify laws of the U. S. that is to resist and prevent by force the execution of them, within the State. It is due to the distinguished names, who have given that construction to the Resolutions and the Report on them, to suppose that the meaning of the Legislature though expressed with a discrimination and fulness sufficient at the time may have been somewhat obscured by an oblivion, of cotemporary indications and impressions. But it is believed that by keeping in view distinctions, (an inattention to which is often observable in the ablest discussions of the subjects embraced in those proceedings) between the Governments of the States, & the States in the sense in which they were parties to the Constitution; between the several modes and objects of interposition agst. the abuses of Power; and more especially between interpositions within the purview of the Constitution; and interpositions appealing from the Constitution to the rights of nature, paramount to all Constitutions; with these distinctions kept in view, and an attention always of explanatory use, to the views and arguments, which are combated, a confidence is felt that the Resolutions of Virga. as vindicated in the Report on them, are entitled to an exposition, shewing a consistency in their parts, and an inconsistency of the whole with the doctrine under consideration. On recurring to the printed Debates in the House of Delegates on the occasion, which were ably conducted, and are understood to have been, for the most part at least, revised by the Speakers, the tenor of them does not disclose any reference to a Constitutional right in an individual State to arrest by force the operation of a law of the U. S. Concert among the States for redress agst. the Alien & Sedition laws, as acts of usurped power, was a leading sentiment, and the attainment of a Concert, the immediate object of the course adopted, which was an invitation to the other States "to concur in declaring the Acts to be unconstitutional, and to co-operate by the necessary & proper measures in maintaining unimpaired. "The authorities rights and liberties reserved to the States respectively or to the people": That by the necessary & proper measures to be concurrently & cooperatively taken, were meant measures known to the Constitution, particularly controul of the Legislatures and people of the States over the Congs. of the U. S. cannot well be doubted. It is worthy of remark, and explanatory of the intentions of the Legislature, that the words "and not law, but utterly null void & of no force or effect"* which in the Resolution before the House followed the word unconstitutional, were near the close of the debates stricken out by common consent. It appears that the words had been regarded as only surplusage by the friends of the Resolution; but lest they should be misconstrued into a nullifying import instead of a declaration of opinion, the word unconstitutional alone was retained, as more safe agst. that error. The term nullification to which such an important meaning is now attached, was never a part of the Resolutions and appears not to have been contained in the Kentucky Resolutions as originally passed; but to have been introduced at an after date. *Whether these words were in the draft from my pen or added before the Resolutions were introduced by the member who withdrew [them?] I am not authorised to say, no Copy of the draft having been retained & the memory not to be trusted after such a lapse of time. I certainly never disapproved the erasure of them. Another and still more conclusive evidence of the intentions of the Legislature is given in their Address to their Constituents, accompanyg. the publication of their Resolns. The address warns them, agst. the encroaching spirit of the Genl. Govt; argues the unconstitutionality of the Alien & Sedition laws; enumerates the other instances in which the Constitutional limits had been overleaped; dwells on the dangerous mode of deriving power by implication; and in general presses the necessity of watching over the consolidating tendency of the Fedl. policy: But nothing is said that can be understood to look to means of maintaing the rights of the States beyond the regular ones within the forms of the Constitution. If any further lights on the subject could be needed a very strong one is reflected from the answers given to the Resolutions by the States who protested agst. them. Their great objection, with a few undefined complaints of the spirit & character of the Resolutions, was directed agst. the assumed authority of a State Legislature to declare a law of the U. S. to be unconstitutional, which they considered an unwarrantable interference with the exclusive jurisdiction of the Supreme Court of the U. S. Had the Resolutions been regarded as avowing & maintaining a right in an individual State to arrest by force the execution of a law of the U. S. it must be presumed; that it would have been a pointed and conspicuous object of their denunciation. In this review I have not noticed the idea entertained by some that disputes between the Govt. of the U. S. and those of the individual States may & must be adjusted by negociation, as between independent Powers. Such a mode, as the only one of deciding such disputes, would seem to be as expressly at variance with the language and provisions of the Constitution, as in a practical view it is pregnant with consequences subversive of the Constitution. It may have originated in a supposed analogy to the negociating process, in cases of disputes between separate branches or Departments of the same Govt: but the analogy does not exist. In the case of disputes between independent parts of the same Govt. neither of them being able to consummate its pretensions, nor the Govt. to proceed without a co-operation of the several parts and necessity brings about an adjustment. In disputes between a State Govt and the Govt. of the U S. the case is both theoretically & practically different; each party possessing all the Departments of an organized Governmt Legislative Ex. & Judy.; and having each a physical force at Command. This idea of an absolute separation & independence between the Govt. of the U. S. and the State Govts as if they belonged to different nations alien to each other has too often tainted the reasoning applied to Constitutional questions. Another idea not less unsound and sometimes presenting itself is, that a cession of any part of the rights of Sovereignty, is inconsistent with the nature of sovereignty, or at least a degradation of it. This would certainly be the case, if the Cession was not both mutual & equal: but where there is both mutuality & equality, there is no real sacrifice on either side, each gaining as much as it grants, and the only point to be considered is the expediency of the compact, and that to be sure, is a point that ought to be well considered. On this principle it is that Treaties are admissible between Independent Powers, [wholly] alien to each= other, although privileges may be granted by each of the parties at the expense of its internal jurisdiction. On the same principle it is that individuals entering into the social State surrender a portion of their equal rights as men. If a part only made the surrender, it would be a degradation; but the surrenders being mutual, and each gaining as much authority over others, as is granted to others over him The inference is mathematical, that in theory nothing is lost by any; however different the results may be in practice. I am now brought to the proposal which claims for the States respectively, a right to appeal agst. an exercise of power by the Govt. of the U. S. which by the State is decided to be unconstitutional, to a final decision by 3/4 of the parties to the Constitution. With Every disposition to take the most favorable view of this expedient, that a high respect for its Patrons could prompt, I am compelled to say that it appears to be either not necessary, or utterly inadmissible. I take for granted it is not meant that pending the appeal, the offensive law, of the U. S. is to be suspended within the State. Such an effect would necessarily, arrest its Operation every where, a uniformity in the operation of laws of the U. S. being indispensable not only in a Constitutional and equitable, but, in most cases, in a practicable point of view; and a final decision adverse to that of the appellant State, would afford grounds & kinds of complaint, which need not be traced. But aside from those considerations, it is to be observed that the effect of the appeal, will depend wholly on the form in which the case is proposed to the Tribunal, which is to decide it. If 3/4 of the States can sustain the State in its decision, it would seem, that this extraconstitutional course of proceeding might well be spared; inasmuch as 2/3 can institute and 3/4 can effectuate, an amendment of the Constitution, which would establish a permanent rule of the highest authority, instead of a precedent of construction only. If on the other hand 3/4 are required to reverse the decision of the State, it will then be in the power of the smallest fraction over 1/4; (of 7 States, for example out of 24), to give the law to 17. States, each of the 17. having, as parties to the Constitutional compact, an equal right with each of the 7 to expound & insist on its exposition. That the 7 might in particular cases be right and the 17 wrong, is quite possible. But to establish a positive & permanent rule giving such a power to such a minority, over such a majority, would overturn the first principle of a free Government, and in practice could not fail to overturn the Govt. itself. It must be recollected that the Constitution was proposed to the people of the States, as a whole , and unanimously adopted as a whole , it being a part of the Constitution that not less than 3/4 should be competent to make any alteration in what had been unanimously agreed to. So great is the caution on this point that in two cases where peculiar interests were at stake, a majority even of 3/4 are distrusted, and a unanimity required to make any change affecting those cases. When the Constitution was adopted as a whole, it is certain there are many of its parts, which if proposed by themselves would have been promptly rejected. It is far from impossible, that every part of a whole would be rejected by a majority, and yet the whole be unanimously accepted. Constitutions will rarely, probably never be formed without mutual concessions, without articles conditioned on & balancing each other. Is there [is] a Constitution of a single State, out of the 24 that would bear the experiment of having its component parts, submitted to the people separately, and decided on according to their insulated merits. What the fate of the Constitution of the U. S. would be, if a few States could expunge parts of it most valued by the great majority, and without which the great majority would never have agreed to it, can have but one answer. The difficulty is not removed by limiting the process to cases of construction. How many cases of that sort involving vital texts of the Constitution, have occurred? how many now exist? How many may hereafter spring up! How many might be plausibly created, if entitled to the privilege of a decision in the mode proposed. Is it certain that the principle of that mode, may not reach much farther than is contemplated? If a single State can of right require 3/4 of its Co-States, to overrule its exposition of the Constitution, because that proportion is authorized to amend it; is the plea less plausible, that as the Constitution, was unanimously formed, it ought to be unanimously expounded. The reply to all such suggestions must be, that the Constitution is a compact; that its text is to be expounded according to the provision for it, making part of that Compact; and that none of the parties can rightfully violate the expounding provision, more than any other part. When such a right accrues as may be the case, it must grow out of abuses of the Constitution amounting to a release of the sufferers from their allegiance to it. Will you permit me Sir to refer you to Nos. 39 & 44. of the Federalist Edited at Washington by Gideon, which will shew the views taken on some points of the Constitution at the period of its adoption. I refer to that Edition because none preceding it are without errors in the names prefixed to the several papers, as happens to be the case in No. 51 for which you suppose Col: Hamilton to be responsible.* *The errors were occasioned by a memorandum of his penned probably in haste, & partly in a lumping way. It need not be remarked that they were pure inadventures. I fear Sir I have written you a letter the length of which may accord as little with your patience, as I am sorry to foresee that the scope of parts of it must do with your judgment. But a naked opinion did not appear respectful either to the subject or to the request with which you honored me, and notwithstanding the latitude given to my pen, I am not unaware that the views it presents may need more of development in some instances, if not more exactness of discrimination in others than I could bestow on them. The subject has been so expanded, and recd. such ramifications & refinements, that a full survey of it is a task, agst. which my age alone might justly warn me. The delay Sir in making the acknowledgments I owe you was occasioned for a time by a crowd of objects which awaited my return from a long absence at Richmond, and latterly by an indisposition from which I am not yet entirely recovered. I hope you will be good eno’ to accept these apologies, and with them assurances of my high esteem & my cordial salutations, in which Mrs. M. begs to be united with me, as I do with her in a respectful tender of them to Mrs. Hayne. J. M Source: https://founders.archives.gov/documents/Madison/99-02-02-2016
- Carter's Address at the Commencement at the University of Notre Dame
May 22, 1977 To Father Hesburgh and the great faculty of Notre Dame, to those who have been honored this afternoon with the degree from your great university, to the graduate and undergraduate group who, I understand, is the largest in the history of this great institution, friends and parents: Thank you for that welcome. I'm very glad to be with you. You may have started a new graduation trend which I don't deplore, that is, throwing peanuts on graduation day. [Laughter] The more that are used or consumed the higher the price goes. [Laughter] I really did appreciate the great honor bestowed upon me this afternoon. My other degree is blue and gold from the Navy, and I want to let you know that I do feel a kinship with those who are assembled here this afternoon. I was a little taken aback by the comment that I had brought a new accent to the White House. In the minds of many people in our country, for the first time in almost 150 years, there is no accent. [Laughter] I tried to think of a story that would illustrate two points simultaneously and also be brief, which is kind of a difficult assignment. I was sitting on the Truman Balcony the other night 'with my good friend, Charles Kirbo, who told me about a man who was arrested and taken in to court for being drunk and for setting a bed on fire. When the judge asked him how he pled, he said, "not guilty." He said, "I was drunk but the bed was on fire when I got in it." [Laughter] I think most of the graduates can draw the parallel between that statement and what you are approaching after this graduation exercise. But there are two points to that, and I'll come to the other one in just a few minutes. In his 25 years as president of Notre Dame, Father Hesburgh has spoken more consistently and more effectively in the support of the rights of human beings than any other person I know. His interest in the Notre Dame Center for Civil Rights has never wavered. And he played an important role in broadening the scope of the center's work--and I visited there last fall--to see this work include, now, all people in the world, as shown by last month's conference here on human rights and American foreign policy. And that concern has been demonstrated again today in a vivid fashion by the selection of Bishop Donal Lamont, Paul Cardinal Arns, and Stephen Cardinal Kim to receive honorary degrees. In their fight for human freedoms in Rhodesia, Brazil, and South Korea, these three religious leaders typify all that is best in their countries and in our church. I'm honored to join you in recognizing their dedication, their personal sacrifice, and their supreme courage. Quite often, brave men like these are castigated and sometimes punished, sometimes even put to death, because they enter the realm where human rights is a struggle. And sometimes they are blamed for the very circumstance which they helped to dramatize, but it's been there for a long time. And the flames which they seek to extinguish concern us all and are increasingly visible around the world. Last week, I spoke in California about the domestic agenda for our Nation: to provide more efficiently for the needs of our people, to demonstrate-against the dark faith of our times--that our Government can be both competent and more humane. But I want to speak to you today about the strands that connect our actions overseas with our essential character as a nation. I believe we can have a foreign policy that is democratic, that is based on fundamental values, and that uses power and influence, which we have, for humane purposes. We can also have a foreign policy that the American people both support and, for a change, know about and understand. I have a quiet confidence in our own political system. Because we know that democracy works, we can reject the arguments of those rulers who deny human rights to their people. We are confident that democracy's example will be compelling, and so we seek to bring that example closer to those from whom in the past few years we have been separated and who are not yet convinced about the advantages of our kind of life. We are confident that the democratic methods are the most effective, and so we are not tempted to employ improper tactics here at home or abroad. We are confident of our own strength, so we can seek substantial mutual reductions in the nuclear arms race. And we are confident of the good sense of American people, and so we let them share in the process of making foreign policy decisions. We can thus speak with the voices of 215 million, and not just of an isolated handful. Democracy's great recent successes--in India, Portugal, Spain, Greece--show that our confidence in this system is not misplaced. Being confident of our own future, we are now free of that inordinate fear of communism which once led us to embrace any dictator who joined us in that fear. I'm glad that that's being changed. For too many years, we've been willing to adopt the flawed and erroneous principles and tactics of our adversaries, sometimes abandoning our own values for theirs. We've fought fire with fire, never thinking that fire is better quenched with water. This approach failed, with Vietnam the best example of its intellectual and moral poverty. But through failure we have now found our way back to our own principles and values, and we have regained our lost confidence. By the measure of history, our Nation's 200 years are very brief, and our rise to world eminence is briefer still. It dates from 1945, when Europe and the old international order lay in ruins. Before then, .America was largely on the periphery of world affairs. But since then, we have inescapably been at the center of world affairs. Our policy during this period was guided by two principles: a belief that Soviet expansion was almost inevitable but that it must be contained, and the corresponding belief in the importance of an almost exclusive alliance among non-Communist nations on both sides of the Atlantic. That system could not last forever unchanged. Historical trends have weakened its foundation. The unifying threat of conflict with the Soviet Union has become less intensive, even though the competition has become more extensive. The Vietnamese war produced a profound moral crisis, sapping worldwide faith in our own policy and our system of life, a crisis of confidence made even more grave by the covert pessimism of some of our leaders. In less than a generation, we've seen the world change dramatically. The daily lives and aspirations of most human beings have been transformed. Colonialism is nearly gone. A new sense of national identity now exists in almost 100 new countries that have been formed in the last generation. Knowledge has become more widespread. Aspirations are higher. As more people have been freed from traditional constraints, more have been determined to achieve, for the first time in their lives, social justice. The world is still divided by ideological disputes, dominated by regional conflicts, and threatened by danger that we will not resolve the differences of race and wealth without violence or without drawing into combat the major military powers. We can no longer separate the traditional issues of war and peace from the new global questions of justice, equity, and human rights. It is a new world, but America should not fear it. It is a new world, and we should help to shape it. It is a new world that calls for a new American foreign policy--a policy based on constant decency in its values and on optimism in our historical vision. We can no longer have a policy solely for the industrial nations as the foundation of global stability, but we must respond to the new reality of a politically awakening world. We can no longer expect that the other 150 nations will follow the dictates of the powerful, but we must continue--confidently--our efforts to inspire, to persuade, and to lead. Our policy must reflect our belief that the world can hope for more than simple survival and our belief that dignity and freedom are fundamental spiritual requirements. Our policy must shape an international system that will last longer than secret deals. We cannot make this kind of policy by manipulation. Our policy must be open; it must be candid; it must be one of constructive global involvement, resting on five cardinal principles. I've tried to make these premises clear to the American people since last January. Let me review what we have been doing and discuss what we intend to do. First, we have reaffirmed America's commitment to human rights as a fundamental tenet of our foreign policy. In ancestry, religion, color, place of origin, and cultural background, we Americans are as diverse a nation as the world has even seen. No common mystique of blood or soil unites us. What draws us together, perhaps more than anything else, is a belief in human freedom. We want the world to know that our Nation stands for more than financial prosperity. This does not mean that we can conduct our foreign policy by rigid moral maxims. We live in a world that is imperfect and which will always be imperfect--a world that is complex and confused and which will always be complex and confused. I understand fully the limits of moral suasion. We have no illusion that changes will come easily or soon. But I also believe that it is a mistake to undervalue the power of words and of the ideas that words embody. In our own history, that power has ranged from Thomas Paine's "Common Sense" to Martin Luther King, Jr.'s "I Have a Dream." In the life of the human spirit, words are action, much more so than many of us may realize who live in countries where freedom of expression is taken for granted. The leaders of totalitarian nations understand this very well. The proof is that words are precisely the action for which dissidents in those countries are being persecuted. Nonetheless, we can already see dramatic, worldwide advances in the protection of the individual from the arbitrary power of the state. For us to ignore this trend would be to lose influence and moral authority in the world. To lead it will be to regain the moral stature that we once had. The great democracies are not free because we are strong and prosperous. I believe we are strong and influential and prosperous because we are free. Throughout the world today, in free nations and in totalitarian countries as well, there is a preoccupation with the subject of human freedom, human rights. And I believe it is incumbent on us in this country to keep that discussion, that debate, that contention alive. No other country is as well-qualified as we to set an example. We have our own shortcomings and faults, and we should strive constantly and with courage to make sure that we are legitimately proud of what we have. Second, we've moved deliberately to reinforce the bonds among our democracies. In our recent meetings in London, we agreed to widen our economic cooperation, to promote free trade, to strengthen the world's monetary system, to seek ways of avoiding nuclear proliferation. We prepared constructive proposals for the forthcoming meetings on North-South problems of poverty, development, and global well-being. And we agreed on joint efforts to reinforce and to modernize our common defense. You may be interested in knowing that at this NATO meeting, for the first time in more than 25 years, all members are democracies. Even more important, all of us reaffirmed our basic optimism in the future of the democratic system. Our spirit of confidence is spreading. Together, our democracies can help to shape the wider architecture of global cooperation. Third, we've moved to engage the Soviet Union in a joint effort to halt the strategic arms race. This race is not only dangerous, it's morally deplorable. We must put an end to it. I know it will not be easy to reach agreements. Our goal is to be fair to both sides, to produce reciprocal stability, parity, and security. We desire a freeze on further modernization and production of weapons and a continuing, substantial reduction of strategic nuclear weapons as well. We want a comprehensive ban on all nuclear testing, a prohibition against all chemical warfare, no attack capability against space satellites, and arms limitations in the Indian Ocean. We hope that we can take joint steps with all nations toward a final agreement eliminating nuclear weapons completely from our arsenals of death. We will persist in this effort. Now, I believe in detente with the Soviet Union. To me it means progress toward peace. But the effects of detente should not be limited to our own two countries alone. We hope to persuade the Soviet Union that one country cannot impose its system of society upon another, either through direct military intervention or through the use of a client state's military force, as was the case with Cuban intervention in Angola. Cooperation also implies obligation. We hope that the Soviet Union will join with us and other nations in playing a larger role in aiding the developing world, for common aid efforts will help us build a bridge of mutual confidence in one another. Fourth, we are taking deliberate steps to improve the chances of lasting peace in the Middle East. Through wide-ranging consultation with leaders of the countries involved-Israel, Syria, Jordan, and Egypt--we have found some areas of agreement and some movement toward consensus. The negotiations must continue. Through my own public comments, I've also tried to suggest a more flexible framework for the discussion of the three key issues which have so far been so intractable: the nature of a comprehensive peace--what is peace; what does it mean to the Israelis; what does it mean to their Arab neighbors; secondly, the relationship between security and borders-how can the dispute over border delineations be established and settled with a feeling of security on both sides; and the issue of the Palestinian homeland. The historic friendship that the United States has with Israel is not dependent on domestic politics in either nation; it's derived from our common respect for human freedom and from a common search for permanent peace. We will continue to promote a settlement which all of us need. Our own policy will not be affected by changes in leadership in any of the countries in the Middle East. Therefore, we expect Israel and her neighbors to continue to be bound by United Nations Resolutions 242 and 338, which they have previously accepted. This may be the most propitious time for a genuine settlement since the beginning of the Arab-Israeli conflict almost 30 years ago. To let this opportunity pass could mean disaster not only for the Middle East but, perhaps, for the international political and economic order as well. And fifth, we are attempting, even at the risk of some friction with our friends, to reduce the danger of nuclear proliferation and the worldwide spread of conventional weapons. At the recent summit, we set in motion an international effort to determine the best ways of harnessing nuclear energy for peaceful use while reducing the risks that its products will be diverted to the making of explosives. We've already completed a comprehensive review of our own policy on arms transfers. Competition in arms sales is inimical to peace and destructive of the economic development of the poorer countries. We will, as a matter of national policy now in our country, seek to reduce the annual dollar volume of arms sales, to restrict the transfer of advanced weapons, and to reduce the extent of our coproduction arrangements about weapons with foreign states. And just as important, we are trying to get other nations, both free and otherwise, to join us in this effort. But all of this that I've described is just the beginning. It's a beginning aimed towards a clear goal: to create a wider framework of international cooperation suited to the new and rapidly changing historical circumstances. We will cooperate more closely with the newly influential countries in Latin America, Africa, and Asia. We need their friendship and cooperation in a common effort as the structure of world power changes. More than 100 years ago, Abraham Lincoln said that our Nation could not exist half slave and half free. We know a peaceful world cannot long exist one-third rich and two-thirds hungry. Most nations share our faith that, in the long run, expanded and equitable trade will best help the developing countries to help themselves. But the immediate problems of hunger, disease, illiteracy, and repression are here now. The Western democracies, the OPEC nations, and the developed Communist countries can cooperate through existing international institutions in providing more effective aid. This is an excellent alternative to war. We have a special need for cooperation and consultation with other nations in this hemisphere--to the north and to the south. We do not need another slogan. Although these are our close friends and neighbors, our links with them are the same links of equality that we forge for the rest of the world. We will be dealing with them as part of a new, worldwide mosaic of global, regional, and bilateral relations. It's important that we make progress toward normalizing relations with the People's Republic of China. We see the American and Chinese relationship as a central element of our global policy and China as a key force for global peace. We wish to cooperate closely with the creative Chinese people on the problems that confront all mankind. And we hope to find a formula which can bridge some of the difficulties that still separate us. Finally, let me say that we are committed to a peaceful resolution of the crisis in southern Africa. The time has come for the principle of majority rule to be the basis for political order, recognizing that in a democratic system the rights of the minority must also be protected. To be peaceful, change must come promptly. The United States is determined to work together with our European allies and with the concerned African States to shape a congenial international framework for the rapid and progressive transformation of southern African society and to help protect it from unwarranted outside interference. Let me conclude by summarizing: Our policy is based on an historical vision of America's role. Our policy is derived from a larger view of global change. Our policy is rooted in our moral values, which never change. Our policy is reinforced by our material wealth and by our military power. Our policy is designed to serve mankind. And it is a policy that I hope will make you proud to be Americans. Thank you. Source: https://www.presidency.ucsb.edu/documents/address-commencement-exercises-the-university-notre-dame
- South Carolina's Ordinance of Nullification
An ordinance to nullify certain acts of the Congress of the United States, purporting to be laws laying duties and imposts on the importation of foreign commodities. Whereas the Congress of the United States by various acts, purporting to be acts laying duties and imposts on foreign imports, but in reality intended for the protection of domestic manufactures and the giving of bounties to classes and individuals engaged in particular employments, at the expense and to the injury and oppression of other classes and individuals, and by wholly exempting from taxation certain foreign commodities, such as are not produced or manufactured in the United States, to afford a pretext for imposing higher and excessive duties on articles similar to those intended to be protected, bath exceeded its just powers under the constitution, which confers on it no authority to afford such protection, and bath violated the true meaning and intent of the constitution, which provides for equality in imposing the burdens of taxation upon the several States and portions of the confederacy: And whereas the said Congress, exceeding its just power to impose taxes and collect revenue for the purpose of effecting and accomplishing the specific objects and purposes which the constitution of the United States authorizes it to effect and accomplish, hath raised and collected unnecessary revenue for objects unauthorized by the constitution. We, therefore, the people of the State of South Carolina, in convention assembled, do declare and ordain and it is hereby declared and ordained, that the several acts and parts of acts of the Congress of the United States, purporting to be laws for the imposing of duties and imposts on the importation of foreign commodities, and now having actual operation and effect within the United States, and, more especially, an act entitled "An act in alteration of the several acts imposing duties on imports," approved on the nineteenth day of May, one thousand eight hundred and twenty-eight and also an act entitled "An act to alter and amend the several acts imposing duties on imports," approved on the fourteenth day of July, one thousand eight hundred and thirty-two, are unauthorized by the constitution of the United States, and violate the true meaning and intent thereof and are null, void, and no law, nor binding upon this State, its officers or citizens; and all promises, contracts, and obligations, made or entered into, or to be made or entered into, with purpose to secure the duties imposed by said acts, and all judicial proceedings which shall be hereafter had in affirmance thereof, are and shall be held utterly null and void. And it is further ordained, that it shall not be lawful for any of the constituted authorities, whether of this State or of the United States, to enforce the payment of duties imposed by the said acts within the limits of this State; but it shall be the duty of the legislature to adopt such measures and pass such acts as may be necessary to give full effect to this ordinance, and to prevent the enforcement and arrest the operation of the said acts and parts of acts of the Congress of the United States within the limits of this State, from and after the first day of February next, and the duties of all other constituted authorities, and of all persons residing or being within the limits of this State, and they are hereby required and enjoined to obey and give effect to this ordinance, and such acts and measures of the legislature as may be passed or adopted in obedience thereto. And it is further ordained, that in no case of law or equity, decided in the courts of this State, wherein shall be drawn in question the authority of this ordinance, or the validity of such act or acts of the legislature as may be passed for the purpose of giving effect thereto, or the validity of the aforesaid acts of Congress, imposing duties, shall any appeal be taken or allowed to the Supreme Court of the United States, nor shall any copy of the record be permitted or allowed for that purpose; and if any such appeal shall be attempted to be taken, the courts of this State shall proceed to execute and enforce their judgments according to the laws and usages of the State, without reference to such attempted appeal, and the person or persons attempting to take such appeal may be dealt with as for a contempt of the court. And it is further ordained, that all persons now holding any office of honor, profit, or trust, civil or military, under this State (members of the legislature excepted), shall, within such time, and in such manner as the legislature shall prescribe, take an oath well and truly to obey, execute, and enforce this ordinance, and such act or acts of the legislature as may be passed in pursuance thereof, according to the true intent and meaning of the same, and on the neglect or omission of any such person or persons so to do, his or their office or offices shall be forthwith vacated, and shall be filled up as if such person or persons were dead or had resigned; and no person hereafter elected to any office of honor, profit, or trust, civil or military (members of the legislature excepted), shall, until the legislature shall otherwise provide and direct, enter on the execution of his office, or be he any respect competent to discharge the duties thereof until he shall, in like manner, have taken a similar oath; and no juror shall be impaneled in any of the courts of this State, in any cause in which shall be in question this ordinance, or any act of the legislature passed in pursuance thereof, unless he shall first, in addition to the usual oath, have taken an oath that he will well and truly obey, execute, and enforce this ordinance, and such act or acts of the legislature as may be passed to carry the same into operation and effect, according to the true intent and meaning thereof. And we, the people of South Carolina, to the end that it may be fully understood by the government of the United States, and the people of the co-States, that we are determined to maintain this our ordinance and declaration, at every hazard, do further declare that we will not submit to the application of force on the part of the federal government, to reduce this State to obedience, but that we will consider the passage, by Congress, of any act authorizing the employment of a military or naval force against the State of South Carolina, her constitutional authorities or citizens; or any act abolishing or closing the ports of this State, or any of them, or otherwise obstructing the free ingress and egress of vessels to and from the said ports, or any other act on the part of the federal government, to coerce the State, shut up her ports, destroy or harass her commerce or to enforce the acts hereby declared to be null and void, otherwise than through the civil tribunals of the country, as inconsistent with the longer continuance of South Carolina in the Union; and that the people of this State will henceforth hold themselves absolved from all further obligation to maintain or preserve their political connection with the people of the other States; and will forthwith proceed to organize a separate government, and do all other acts and things which sovereign and independent States may of right do. Done in convention at Columbia, the twenty-fourth day of November, in the year of our Lord one thousand eight hundred and thirty-two, and in the fifty-seventh year of the Declaration of the Independence of the United States of America. Source: https://avalon.law.yale.edu/19th_century/ordnull.asp
- Declaration of Sentiments of the American Antislavery Society - William Lloyd Garrison
The Convention assembled in the city of Philadelphia, to organize a National Anti-Slavery Society, promptly seize the opportunity to promulgate the following Declaration of Sentiments, as cherished by them in relation to the enslavement of one-sixth portion of the American people. More than fifty-seven years have elapsed, since a band of patriots convened in this place, to devise measures for the deliverance of this country from a foreign yoke. The corner-stone upon which they founded the Temple of Freedom was broadly this—'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.' . .. We have met together for the achievement of an enterprise, without which that of our fathers is incomplete; and which, for its magnitude, solemnity, and probable results upon the destiny of the world, as far transcends theirs as moral truth does physical force. Their principles led them to wage war against their oppressors, and to spill human blood like water, in order to be free. Ours forbid the doing of evil that good may come, and lead us to reject, and to entreat the oppressed to reject, the use of all carnal weapons for deliverance from bondage; relying solely upon those which are spiritual, and mighty through God to the pulling down of strong holds. Their measures were physical resistance—the marshalling in arms—the hostile array—the mortal encounter. Ours shall be such only as the opposition of moral purity to moral corruption—the destruction of error by the potency of truth—the overthrow of prejudice by the power of love—and the abolition of slavery by the spirit of repentance. Their grievances, great as they were, were trifling in comparison with the wrongs and sufferings of those for whom we plead. Our fathers were never slaves—never bought and sold like cattle—never shut out from the light of knowledge and religion—never subjected to the lash of brutal taskmasters. But those, for whose emancipation we are striving—constituting at the present time at least one-sixth part of our countrymen—are recognized by law, and treated by their fellow-beings, as marketable commodities, as goods and chattels, as brute beasts; . . . For the crime of having a dark complexion, they suffer the pangs of hunger, the infliction of stripes, the ignominy of brutal servitude. They are kept in heathenish darkness by laws expressly enacted to make their instruction a criminal offence. These are the prominent circumstances in the condition of more than two millions of our people, the proof of which may be found in thousands of indisputable facts, and in the laws of the slave-holding States. Hence we maintain—that, in view of the civil and religious privileges of this nation, the guilt of its oppression is unequalled by any other on the face of the earth; and, therefore, that it is bound to repent instantly, to undo the heavy burdens, and to let the oppressed go free. We further maintain—that no man has a right to enslave or imbrute his brother—to hold or acknowledge him, for one moment, as a piece of merchandize—to keep back his hire by fraud—or to brutalize his mind, by denying him the means of intellectual, social and moral improvement. The right to enjoy liberty is inalienable. To invade it is to usurp the prerogative of Jehovah. Every man has a right to his own body—to the products of his own labor—to the protection of law—and to the common advantages of society. It is piracy to buy or steal a native African, and subject him to servitude. Surely, the sin is as great to enslave an American as an African. Therefore we believe and affirm—that there is no difference, in principle, between the African slave trade and American slavery: That every American citizen, who detains a human being in involuntary bondage as his property, is, according to Scripture, (Ex. xxi. 16,) a man-stealer: That the slaves ought instantly to be set free, and brought under the protection of law: That if they had lived from the time of Pharaoh down to the present period, and had been entailed through successive generations, their right to be free could never have been alienated, but their claims would have constantly risen in solemnity: That all those laws which are now in force, admitting the right of slavery, are therefore, before God, utterly null and void; being an audacious usurpation of the Divine prerogative, a daring infringement on the law of nature, a base overthrow of the very foundations of the social compact, a complete extinction of all the relations, endearments and obligations of mankind, and a presumptuous transgression of all the holy commandments; and that therefore they ought instantly to be abrogated. We further believe and affirm—that all persons of color, who possess the qualifications which are demanded of others, ought to be admitted forthwith to the enjoyment of the same privileges, and the exercise of the same prerogatives, as others; and that the paths of preferment, of wealth, and of intelligence, should be opened as widely to them as to persons of a white complexion. We maintain that no compensation should be given to the planters emancipating their slaves: Because it would be a surrender of the great fundamental principle, that man cannot hold property in man: Because slavery is a crime, and therefore is not an article to be sold: Because the holders of slaves are not the just proprietors of what they claim; freeing the slave is not depriving them of property, but restoring it to its rightful owner; it is not wronging the master, but righting the slave—restoring him to himself: Because immediate and general emancipation would only destroy nominal, not real property; it would not amputate a limb or break a bone of the slaves, but by infusing motives into their breasts, would make them doubly valuable to the masters as free laborers; and Because, if compensation is to be given at all, it should be given to the outraged and guiltless slaves, and not to those who have plundered and abused them. We regard as delusive, cruel and dangerous, any scheme of expatriation which pretends to aid, either directly or indirectly, in the emancipation of the slaves, or to be a substitute for the immediate and total abolition of slavery. We fully and unanimously recognise the sovereignty of each State, to legislate exclusively on the subject of the slavery which is tolerated within its limits; we concede that Congress, under the present national compact, has no right to interfere with any of the slave States, in relation to this momentous subject: But we maintain that Congress has a right, and is solemnly bound, to suppress the domestic slave trade between the several States, and to abolish slavery in those portions of our territory which the Constitution has placed under its exclusive jurisdiction. We also maintain that there are, at the present time, the highest obligations resting upon the people of the free States to remove slavery by moral and political action, as prescribed in the Constitution of the United States. They are now living under a pledge of their tremendous physical force, to fasten the galling fetters of tyranny upon the limbs of millions in the Southern States; they are liable to be called at any moment to suppress a general insurrection of the slaves; they authorize the slave owner to vote for three-fifths of his slaves as property, and thus enable him to perpetuate his oppression; they support a standing army at the South for its protection; and they seize the slave, who has escaped into their territories, and send him back to be tortured by an enraged master or a brutal driver. This relation to slavery is criminal, and full of danger: IT MUST BE BROKEN UP. We shall organize Anti-Slavery Societies, if possible, in every city, town and village in our land. We shall send forth agents to lift up the voice of remonstrance, of warning, of entreaty, and of rebuke. We shall circulate, unsparingly and extensively, antislavery tracts and periodicals. We shall enlist the pulpit and the press in the cause of the suffering and the dumb. We shall aim at a purification of the churches from all participation in the guilt of slavery. We shall encourage the labor of freemen rather than that of slaves, by giving a preference to their productions: and We shall spare no exertions nor means to bring the whole nation to speedy repentance. Our trust for victory is solely in God. We may be personally defeated, but our principles never. Truth, Justice, Reason, Humanity, must and will gloriously triumph. . . . Done at Philadelphia, December 6th, A.D. 1833 Source: https://contextus.org/Declaration_of_Sentiments_of_the_American_Antislavery_Society%2C_William_Lloyd_Garrison.1?lang=en&with=About&lang2=en
- Washington's Circular Letter to the States
8 June 1783 Sir The great object, for which I had the honor to hold an Appointment in the service of my Country being accomplished, I am now preparing to resign it into the hands of Congress, and to return to that domestic retirement; which it is well known I left with the greatest reluctance, a retirement for which I have never ceased to sigh through a long and painfull absence, and in which (remote from the noise and trouble of the World) I meditate to pass the remainder of life, in a state of undisturbed repose: But before I carry this resolution into effect, I think is a duty incumbent on me, to make this my last official communication, to congratulate you on the glorious events which Heaven has been pleased to produce in our favor, to offer my sentiments respecting some important subjects which appear to me to be intimately connected with the tranquility of the United States, to take my leave of your Excellency as a public Character, and to give my final blessing to that Country, in whose service I have spent the prime of my life, for whose sake I have consumed so many anxious days and watchful nights, and whose happiness, being extremely dear to me, will always constitute no inconsiderable part of my own. Impressed with the liveliest sensibility on this pleasing occasion, I will claim the indulgence of dilating the more copiously on the subjects of our mutual felicitation When we consider the magnitude of the prize we contended for, the doubtful nature of the contest, and the favorable manner in which it has terminated, we shall find the greatest possible reason for gratitude and rejoicing; this is a theme that will afford infinite delight to every benevolent and liberal mind, whether the event in contemplation, be considered as the source of present enjoyment or the parent of future happiness; and we shall have equal occasion to felicitate ourselves on the lot which Providence has assigned us, whether we view it in a natural, a political or moral point of light. The Citizens of America, placed in the most enviable condition, as the sole Lords and Proprietors of a vast Tract of Continent, comprehending all the various soils and climates of the World, and abounding with all the necessaries and conveniencies of life, are now by the late satisfactory pacification, acknowledged to be possessed of absolute freedom and Independency; They are, from this period, to be considered as the Actors on a most conspicuous Theatre, which seems to be peculiarly designated by Providence for the display of human greatness and felicity; Here, they are not only surrounded with every thing which can contribute to the completion of private and domestic enjoyment, but Heaven has crowned all its other blessings, by giving a fairer oppertunity for political happiness, than any other Nation has ever been favored with. Nothing can illustrate these observations more forcibly, than a recollection of the happy conjuncture of times and circumstances, under which our Republic assumed its rank among the Nations; The foundation of our Empire was not laid in the gloomy age of Ignorance and Superstition, but at an Epocha when the rights of mankind were better understood and more clearly defined, than at any former period, the researches of the human mind, after social happiness, have been carried to a great extent, the Treasures of knowledge, acquired by the labours of Philosophers, Sages and Legislatures, through a long succession of years, are laid open for our use, and their collected wisdom may be happily applied in the Establishment of our forms of Government; the free cultivation of Letters, the unbounded extension of Commerce, the progressive refinement of Manners, the growing liberality of sentiment, and above all, the pure and benign light of Revelation, have had a meliorating influence on mankind and increased the blessings of Society. At this auspicious period, the United States came into existence as a Nation, and if their Citizens should not be completely free and happy, the fault will be intirely their own. Such is our situation, and such are our prospects: but notwithstanding the cup of blessing is thus reached out to us, notwithstanding happiness is ours, if we have a disposition to seize the occasion and make it our own; yet, it appears to me there is an option still left to the United States of America, that it is in their choice, and depends upon their conduct, whether they will be respectable and prosperous, or contemptable and miserable as a Nation; This is the time of their political probation, this is the moment when the eyes of the whole World are turned upon them, this is the moment to establish or ruin their national Character forever, this is the favorable moment to give such a tone to our Federal Government, as will enable it to answer the ends of its institution, or this may be the ill-fated moment for relaxing the powers of the Union, annihilating the cement of the Confederation, and exposing us to become the sport of European politics, which may play one State against another to prevent their growing importance, and to serve their own interested purposes. For, according to the system of Policy the States shall adopt at this moment, they will stand or fall, and by their confirmation or lapse, it is yet to be decided, whether the Revolution must ultimately be considered as a blessing or a curse: a blessing or a curse, not to the present age alone, for with our fate will the destiny of unborn Millions be involved. With this conviction of the importance of the present Crisis, silence in me would be a crime; I will therefore speak to your Excellency, the language of freedom and of sincerity, without disguise; I am aware, however, that those who differ from me in political sentiment, may perhaps remark, I am stepping out of the proper line of my duty, and they may possibly ascribe to arrogance or ostentation, what I know is alone the result of the purest intention, but the rectitude of my own heart, which disdains such unworthy motives, the part I have hitherto acted in life, the determination I have formed, of not taking any share in public business hereafter, the ardent desire I feel, and shall continue to manifest, of quietly enjoying in private life, after all the toils of War, the benefits of a wise and liberal Government, will, I flatter myself, sooner or later convince my Countrymen, that I could have no sinister views in delivering with so little reserve, the opinions contained in this Address. There are four things, which I humbly conceive, are essential to the well being, I may even venture to say, to the existence of the United States as an Independent Power: 1st. An indissoluble Union of the States under one Federal Head. 2dly. A Sacred regard to Public Justice. 3dly. The adoption of a proper Peace Establishment, and 4thly. The prevalence of that pacific and friendly Disposition, among the People of the United States, which will induce them to forget their local prejudices and policies, to make those mutual concessions which are requisite to the general prosperity, and in some instances, to sacrifice their individual advantages to the interest of the Community. These are the Pillars on which the glorious Fabrick of our Independency and National Character must be supported; Liberty is the Basis, and whoever would dare to sap the foundation, or overturn the Structure, under whatever specious pretexts he may attempt it, will merit the bitterest execration, and the severest punishment which can be inflicted by his injured Country. On the three first Articles I will make a few observations, leaving the last to the good sense and serious consideration of those immediately concerned. Under the first head, altho' it may not be necessary or proper for me in this place to enter into a particular disquisition of the principles of the Union, and to take up the great question which has been frequently agitated, whether it be expedient and requisite for the States to delegate a larger proportion of Power to Congress, or not, Yet it will be a part of my duty, and that of every true Patriot, to assert without reserve, and to insist upon the following positions, That unless the States will suffer Congress to exercise those prerogatives, they are undoubtedly invested with by the Constitution, every thing must very rapidly tend to Anarchy and confusion, That it is indispensable to the happiness of the individual States, that there should be lodged somewhere, a Supreme Power to regulate and govern the general concerns of the Confederated Republic, without which the Union cannot be of long duration. That there must be a faithfull and pointed compliance on the part of every State, with the late proposals and demands of Congress, or the most fatal consequences will ensue, That whatever measures have a tendency to dissolve the Union, or contribute to violate or lessen the Sovereign Authority, ought to be considered as hostile to the Liberty and Independency of America, and the Authors of them treated accordingly, and lastly, that unless we can be enabled by the concurrence of the States, to participate of the fruits of the Revolution, and enjoy the essential benefits of Civil Society, under a form of Government so free and uncorrupted, so happily guarded against the danger of oppression, as has been devised and adopted by the Articles of Confederation, it will be a subject of regret, that so much blood and treasure have been lavished for no purpose, that so many sufferings have been encountered without a compensation, and that so many sacrifices have been made in vain. Many other considerations might here be adduced to prove, that without an entire conformity to the Spirit of the Union, we cannot exist as an Independent Power; it will be sufficient for my purpose to mention but one or two which seem to me of the greatest importance. It is only in our united Character as an Empire, that our Independence is acknowledged, that our power can be regarded, or our Credit supported among Foreign Nations. The Treaties of the European Powers with the United States of America, will have no validity on a dissolution of the Union. We shall be left nearly in a state of Nature, or we may find by our own unhappy experience, that there is a natural and necessary progression, from the extreme of anarchy to the extreme of Tyranny; and that arbitrary power is most easily established on the ruins of Liberty abused to licentiousness. As to the second Article, which respects the performance of public justice, Congress have in their late address to the United States almost exhausted the Subject, they have explained their ideas so fully and have enforced the obligations the States are under to render compleat justice to all the public Creditors, with so much dignity and energy, that in my opinion no real friend to the honour and Independancy of America, can hesitate a single moment respecting the propriety of complying with the just and honorable measures proposed—If their Arguments do not produce conviction, I know of nothing that will have greater influence, especially when we recollect that the System referred to, being the result of the collected wisdom of the Continent, must be esteemed, if not perfect, certainly the least objectionable of any that could be devised, and that if it shall not be carried into immediate execution, a National bankruptcy, with all its deplorable consequences, will take place before any different plan can possibly be proposed and adopted, so pressing are the present circumstances! and such is the alternative now offerd to the States! The ability of the Country to discharge the debts which have been incurred in its defence, is not to be doubted, an inclination I flatter myself will not be wanting: the path of our duty is plain before us—honesty will be found on every experiment to be the best and only true policy—let us then as a Nation be just—let us fulfill the public Contracts which Congress had undoubtedly a right to make for the purpose of carrying on the War, with the same good faith we suppose ourselves bound to perform our private engagements; in the mean time let an attention to the chearfull performance of their proper business as individuals and as members of Society be earnestly inculcated on the Citizens of America—then will they strengthen the hands of Government & be happy under its protection, every one will reap the fruit of his Labours, every one will enjoy his own acquisitions without molestation and without danger. In this state of absolute freedom and perfect security, who will grudge to yield a very little of his property to support the common interests of Society and ensure the protection of Government? who does not remember the frequent declarations at the commencement of the War that we should be completely satisfied, if at the expence of one half, we could defend the remainder of our possessions! where is the Man to be found who wishes to remain indebted for the defence of his own person and property to the exertions, the bravery and the blood of others, without making one generous effort to repay the debt of honor and of gratitude? In what part of the Continent shall we find any Man or body of Men who would not blush to stand up and propose measures purposely calculated to rob the Soldier of his Stipend and the public Creditor of his due and were it possible that such a flagrant instance of injustice could ever happen, would it not excite the general indignation and tend to bring down upon the authors of such measures the aggravated vengeance of Heaven? If after all, a spirit of disunion or a temper of obstinacy and perverseness should manifest itself in any of the States; if such an ungracious disposition should attempt to frustrate all the happy effects that might be expected to flow from the Union; if there should be a refusal to comply with the Requisitions for funds to discharge the annual Interest of the public Debts and if that refusal should revive again all those jealousies and produce all those evils which are now happily removed, Congress, who have, in all their transactions, shewn a great degree of magnanimity and justice, will stand justified in the sight of God and Man and the State alone which puts itself in opposition to the aggregate wisdom of the Continent and follows such mistaken and pernicious councils, will be responsible for all the Consequences. For my own part, conscious of having acted, while a servant of the public, in the manner I conceived best suited to promote the real interests of my Country, having in consequence of my fixed belief, in some measure, pledged myself to the Army that their Country would finally do them compleat and ample Justice and not wishing to conceal any instance of my official conduct from the eyes of the World, I have thought proper to transmit to your Excellency the inclosed collection of papers relative to the half-pay & commutation granted by Congress to the Officers of the Army. From these communications my decided sentiment will be clearly comprehended, together with the conclusive reasons which induced me, at an early period, to recommend the adoption of this measure in the most earnest and serious manner. As the proceedings of Congress, the Army and myself are open to all and contain in my opinion sufficient information to remove the prejudices and errors which may have been entertained by any, I think it unnecessary to say anything more, than just to observe, that the resolutions of Congress now alluded to, are undoubtedly as absolutely binding upon the United States, as the most solemn Acts of Confederation or Legislation. As to the idea which, I am informed, has in some instances prevailed, that the half pay and Commutation are to be regarded merely in the odious Light of a pension, it ought to be exploded forever—that provision should be viewed as it really was, a reasonable compensation offerd by Congress at a Time when they had nothing else to give to the Officers of the Army for services then to be performed. It was the only means to prevent a total dereliction of the Service—it was a part of their hire, I may be allowed to say, it was the price of their blood and of your Independancy—it is therefore more than a common debt, it is a debt of honor—it can never be considered as a pension or gratuity nor be cancelled untill it is fairly discharged. With regard to a distinction between Officers and Soldiers, it is sufficient that the uniform experience of every Nation of the World combined with our own, proves the utility and propriety of the discrimination—Rewards in proportion to the Aids the Public derives from them, are unquestionably due to all its Servants—In some Lines, the Soldiers have perhaps generally had as ample a compensation for their Services, by the large bounties which have been paid them, as their Officers will receive in the proposed commutation; in others, if besides the donation of Lands, the payment of Arrearages of Cloathing and Wages (in which Articles all the component parts of the Army must be on the same footing) we take into the estimate the bounties many of the Soldiers have received and the gratuity of one years full pay which is promised to all, possibly their situation (every circumstance being duly considered) will not be deemed less eligible than that of the Officers, should a farther Reward however be judged equitable, I will venture to asert no one will enjoy greater satisfaction than myself, on seeing an exemption from Taxes for a limitted time (which has been petitioned for in some instances) or any other adequate compensation or immunity, granted to the brave defenders of their Countrys cause; but neither the adoption or rejection of this proposition, will in any manner affect, much less militate against, the Act of Congress by which they have offer’d five Years full pay in lieu of half pay for life, which had been before promised to the Officers of the Army. Before I conclude the Subject of public justice, I cannot omit to mention the obligations this Country is under to that meritorious class of veteran non Commission’d Officers and Privates who have been discharged for inability, in consequence of the resolution of Congress of the 23d April 1782, on an annual pension for life; their peculiar sufferings, their singular merits and claims to that provision, need only be known, to interest all the feelings of humanity in their behalf; nothing but a punctual payment of their annual allowance, can rescue them from the most complicated misery, and nothing could be a more melancholy and distressing sight, than to behold those who have shed their blood or lost their limbs in the service of their Country, without a shelter, without a friend and without the means of obtaining any of the necessaries of life or comforts of life compelled to beg their daily bread from door to door! Suffer me to recommend those of this description belonging to your State to the warmest patronage of your Excellency and your Legislature. It is necessary to say but a few words on the third topic which was proposed and which regards particularly the defence of the Republic—As there can be little doubt but Congress will Recommend a proper Peace Establishment for the United States in which a due attention will be paid to the importance of placing the Militia of the Union upon a regular and respectable footing—If this should be the case, I would beg leave to urge the great advantage of it in the strongest terms—the Militia of this Country must be considerd as the Palladium of our security and the first effectual resort, in case of hostility; It is essential therefore, that the same system should pervade the whole—that the formation & discipline of the Militia of the Continent should be absolutely uniform and the same species of Arms, Accoutrements & Military Apparatus should be introduced in every part of the United States. No one, who has not learned it from experience, can conceive the difficulty, expence & confusion which result from a contrary System, or the vague Arrangements which have hitherto prevailed. If in treating of political points, a greater latitude than usual has been taken in the course of this address—the importance of the Crisis and the magnitude of the objects in discussion, must be my apology—It is, however, neither my wish or expectation, that the preceding observations should claim any regard, except so far as they shall appear to be dictated by a good intention, consonant to the immutable rules of Justice—calculated to produce a liberal system of Policy and founded on what ever experience may have been acquired by a long and close Attention to public business—Here I might speak with the more confidence, from my actual observations and if it would not swell this Letter (already too prolix) beyond the bounds I had prescribed myself, I could demonstrate to every mind open to conviction, that in less time & with much less expence than has been incurred, the War might have been brought to the same happy, conclusion if the resources of the Continent could have been properly drawn forth—that the distresses and disappointments, which have very often occurred, have in too many instances resulted more from a want of energy in the Continental Government, than a deficiency of means in the particular States—That the inefficacy of measures, arising from the want of an adequate authority in the supreme Power, from a partial compliance with the requisitions of Congress in some of the States and from a failure of punctuality in others, while it tended to damp the Zeal of those which where more willing to exert themselves, served also to accumulate the expences of the War and to frustrate the best concerted plans; and that the discouragement, occasioned by the complicated difficulties & embarrasments in which our affairs were by this means involved, would have long ago produced the dissolution of any Army, less patient, less virtuous and less persevering than that which I have had the honor to Command. But while I mention these things, which are notorious facts, as the defects of our Federal Constitution, particularly in the prosecution of a War, I beg it may be understood, that as I have ever taken a pleasure in gratefully acknowledging the assistance and support I have derived from every class of Citizens, so shall I always be happy to do justice to the unparralled exertions of the individual States on many interesting occasions. I have thus freely disclosed, what I wished to make known, before I surrendered up my Public trust to those who committed it to me—the task is now accomplished—I now bid adieu to your Excellency, as the Chief Magistrate of your State at the same time I bid a last farewell to the cares of Office and all the employments of public life. It remains then to be my final and only request, that your Excellency will communicate these sentiments to your legislature at their next meeting and that they may be considered as the Legacy of one who has ardently wished on all occasions to be usefull to his Country and who even in the shade of Retirement will not fail to implore the divine benediction upon it. I now make it my earnest prayer, that God would have you and the State over which you preside, in his holy protection that he would incline the hearts of the Citizens to cultivate a spirit of subordination & obedience to Government, to entertain a brotherly affection and love for one another, for their fellow Citizens of the United States at large and particularly for their brethren who have served in the field—and finally that he would most graciously be pleas’d to dispose us all to do Justice, to love mercy and to demean ourselves, with that Charity, humility & pacific temper of mind, which were the Characteristicks of the Divine Author of our blessed Religion & without an humble immitation of whose example in these things, we can never hope to be a happy Nation. With the greatest regard and esteem, I have the honor to be Sir Your Excellency’s Most Obedient and most humble Servant Go: Washington Source: https://founders.archives.gov/documents/Washington/99-01-02-11404
- The Constitution of the United States: Is It Pro-Slavery or Anti-Slavery? - Frederick Douglass
March 26, 1860 I proceed to the discussion. And first a word about the question. Much will be gained at the outset if we fully and clearly understand the real question under discussion. Indeed, nothing is or can be understood. This are often confounded and treated as the same, for no better reason than that they resemble each other, even while they are in their nature and character totally distinct and even directly opposed to each other. This jumbling up things is a sort of dust-throwing which is often indulged in by small men who argue for victory rather than for truth. Thus, for instance, the American Government and the American Constitution are spoken of in a manner which would naturally lead the hearer to believe that one is identical with the other; when the truth is, they are distinct in character as is a ship and a compass. The one may point right and the other steer wrong. A chart is one thing, the course of the vessel is another. The Constitution may be right, the Government is wrong. If the Government has been governed by mean, sordid, and wicked passions, it does not follow that the Constitution is mean, sordid, and wicked. What, then, is the question? I will state it. But first let me state what is not the question. It is not whether slavery existed in the United States at the time of the adoption of the Constitution; it is not whether slaveholders took part in the framing of the Constitution; it is not whether those slaveholders, in their hearts, intended to secure certain advantages in that instrument for slavery; it is not whether the American Government has been wielded during seventy-two years in favour of the propagation and permanence of slavery; it is not whether a pro-slavery interpretation has been put upon the Constitution by the American Courts — all these points may be true or they may be false, they may be accepted or they may be rejected, without in any wise affecting the real question in debate. The real and exact question between myself and the class of persons represented by the speech at the City Hall may be fairly stated thus: — 1st, Does the United States Constitution guarantee to any class or description of people in that country the right to enslave, or hold as property, any other class or description of people in that country? 2nd, Is the dissolution of the union between the slave and free States required by fidelity to the slaves, or by the just demands of conscience? Or, in other words, is the refusal to exercise the elective franchise, and to hold office in America, the surest, wisest, and best way to abolish slavery in America? To these questions the Garrisonians say Yes. They hold the Constitution to be a slaveholding instrument, and will not cast a vote or hold office, and denounce all who vote or hold office, no matter how faithfully such persons labour to promote the abolition of slavery. I, on the other hand, deny that the Constitution guarantees the right to hold property in man, and believe that the way to abolish slavery in America is to vote such men into power as well use their powers for the abolition of slavery. This is the issue plainly stated, and you shall judge between us. Before we examine into the disposition, tendency, and character of the Constitution, I think we had better ascertain what the Constitution itself is. Before looking for what it means, let us see what it is. Here, too, there is much dust to be cleared away. What, then, is the Constitution? I will tell you. It is not even like the British Constitution, which is made up of enactments of Parliament, decisions of Courts, and the established usages of the Government. The American Constitution is a written instrument full and complete in itself. No Court in America, no Congress, no President, can add a single word thereto, or take a single word threreto. It is a great national enactment done by the people, and can only be altered, amended, or added to by the people. I am careful to make this statement here; in America it would not be necessary. It would not be necessary here if my assailant had shown the same desire to be set before you the simple truth, which he manifested to make out a good case for himself and friends. Again, it should be borne in mind that the mere text, and only the text, and not any commentaries or creeds written by those who wished to give the text a meaning apart from its plain reading, was adopted as the Constitution of the United States. It should also be borne in mind that the intentions of those who framed the Constitution, be they good or bad, for slavery or against slavery, are so respected so far, and so far only, as we find those intentions plainly stated in the Constitution. It would be the wildest of absurdities, and lead to endless confusion and mischiefs, if, instead of looking to the written paper itself, for its meaning, it were attempted to make us search it out, in the secret motives, and dishonest intentions, of some of the men who took part in writing it. It was what they said that was adopted by the people, not what they were ashamed or afraid to say, and really omitted to say. Bear in mind, also, and the fact is an important one, that the framers of the Constitution sat with doors closed, and that this was done purposely, that nothing but the result of their labours should be seen, and that that result should be judged of by the people free from any of the bias shown in the debates. It should also be borne in mind, and the fact is still more important, that the debates in the convention that framed the Constitution, and by means of which a pro-slavery interpretation is now attempted to be forced upon that instrument, were not published till more than a quarter of a century after the presentation and the adoption of the Constitution. These debates were purposely kept out of view, in order that the people should adopt, not the secret motives or unexpressed intentions of any body, but the simple text of the paper itself. Those debates form no part of the original agreement. I repeat, the paper itself, and only the paper itself, with its own plainly written purposes, is the Constitution. It must stand or fall, flourish or fade, on its own individual and self-declared character and objects. Again, where would be the advantage of a written Constitution, if, instead of seeking its meaning in its words, we had to seek them in the secret intentions of individuals who may have had something to do with writing the paper? What will the people of America a hundred years hence care about the intentions of the scriveners who wrote the Constitution? These men are already gone from us, and in the course of nature were expected to go from us. They were for a generation, but the Constitution is for ages. Whatever we may owe to them, we certainly owe it to ourselves, and to mankind, and to God, to maintain the truth of our own language, and to allow no villainy, not even the villainy of holding men as slaves — which Wesley says is the sum of all villainies — to shelter itself under a fair-seeming and virtuous language. We owe it to ourselves to compel the devil to wear his own garments, and to make wicked laws speak out their wicked intentions. Common sense, and common justice, and sound rules of interpretation all drive us to the words of the law for the meaning of the law. The practice of the Government is dwelt upon with much fervour and eloquence as conclusive as to the slaveholding character of the Constitution. This is really the strong point and the only strong point, made in the speech in the City Hall. But good as this argument is, it is not conclusive. A wise man has said that few people have been found better than their laws, but many have been found worse. To this last rule America is no exception. Her laws are one thing, her practice is another thing. We read that the Jews made void the law by their tradition, that Moses permitted men to put away their wives because of the hardness of their hearts, but that this was not so at the beginning. While good laws will always be found where good practice prevails, the reverse does not always hold true. Far from it. The very opposite is often the case. What then? Shall we condemn the righteous law because wicked men twist it to the support of wickedness? Is that the way to deal with good and evil? Shall we blot out all distinction between them, and hand over to slavery all that slavery may claim on the score of long practice? Such is the course commended to us in the City Hall speech. After all, the fact that men go out of the Constitution to prove it pro-slavery, whether that going out is to the practice of the Government, or to the secret intentions of the writers of the paper, the fact that they do go out is very significant. It is a powerful argument on my side. It is an admission that the thing for which they are looking is not to be found where only it ought to be found, and that is in the Constitution itself. If it is not there, it is nothing to the purpose, be it wheresoever else it may be. But I shall have no more to say on this point hereafter. The very eloquent lecturer at the City Hall doubtless felt some embarrassment from the fact that he had literally to give the Constitution a pro-slavery interpretation; because upon its face it of itself conveys no such meaning, but a very opposite meaning. He thus sums up what he calls the slaveholding provisions of the Constitution. I quote his own words: — “Article 1, section 9, provides for the continuance of the African slave trade for the 20 years, after the adoption of the Constitution. Art. 4, section 9, provides for the recovery from the other States of fugitive slaves. Art. 1, section 2, gives the slave States a representation of the three-fifths of all the slave population; and Art. 1, section 8, requires the President to use the military, naval, ordnance, and militia resources of the entire country for the suppression of slave insurrection, in the same manner as he would employ them to repel invasion.” Now any man reading this statement, or hearing it made with such a show of exactness, would unquestionably suppose that he speaker or writer had given the plain written text of the Constitution itself. I can hardly believe that the intended to make any such impression. It would be a scandalous imputation to say he did. Any yet what are we to make of it? How can we regard it? How can he be screened from the charge of having perpetrated a deliberate and point-blank misrepresentation? That individual has seen fit to place himself before the public as my opponent, and yet I would gladly find some excuse for him. I do not wish to think as badly of him as this trick of his would naturally lead me to think. Why did he not read the Constitution? Why did he read that which was not the Constitution? He pretended to be giving chapter and verse, section and clause, paragraph and provision. The words of the Constitution were before him. Why then did he not give you the plain words of the Constitution? Oh, sir, I fear that the gentleman knows too well why he did not. It so happens that no such words as “African slave trade,” no such words as “slave insurrections,” are anywhere used in that instrument. These are the words of that orator, and not the words of the Constitution of the United States. Now you shall see a slight difference between my manner of treating this subject and what which my opponent has seen fit, for reasons satisfactory to himself, to pursue. What he withheld, that I will spread before you: what he suppressed, I will bring to light: and what he passed over in silence, I will proclaim: that you may have the whole case before you, and not be left to depend upon either his, or upon my inferences or testimony. Here then are several provisions of the Constitution to which reference has been made. I read them word for word just as they stand in the paper, called the United States Constitution, Art. I, sec. 2. “Representatives and direct taxes shall be apportioned among the several States which may be included in this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term years, and excluding Indians not taxed, three-fifths of all other persons; Art. I, sec. 9. The migration or importation of such persons as any of the States now existing shall think fit to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding tend dollars for each person; Art. 4, sec. 2. No person held to service or labour in one State, under the laws thereof, escaping into another shall, in consequence of any law or regulation therein, be discharged from service or labour; but shall be delivered up on claim of the party to whom such service or labour may be due; Art. I, sec. 8. To provide for calling for the militia to execute the laws of the Union, suppress insurrections, and repel invasions.” Here then, are those provisions of the Constitution, which the most extravagant defenders of slavery can claim to guarantee a right of property in man. These are the provisions which have been pressed into the service of the human fleshmongers of America. Let us look at them just as they stand, one by one. Let us grant, for the sake of the argument, that the first of these provisions, referring to the basis of representation and taxation, does refer to slaves. We are not compelled to make that admission, for it might fairly apply to aliens — persons living in the country, but not naturalized. But giving the provisions the very worse construction, what does it amount to? I answer — It is a downright disability laid upon the slaveholding States; one which deprives those States of two-fifths of their natural basis of representation. A black man in a free State is worth just two-fifths more than a black man in a slave State, as a basis of political power under the Constitution. Therefore, instead of encouraging slavery, the Constitution encourages freedom by giving an increase of “two-fifths” of political power to free over slave States. So much for the three-fifths clause; taking it at is worst, it still leans to freedom, not slavery; for, be it remembered that the Constitution nowhere forbids a coloured man to vote. I come to the next, that which it is said guaranteed the continuance of the African slave trade for twenty years. I will also take that for just what my opponent alleges it to have been, although the Constitution does not warrant any such conclusion. But, to be liberal, let us suppose it did, and what follows? Why, this — that this part of the Constitution, so far as the slave trade is concerned, became a dead letter more than 50 years ago, and now binds no man’s conscience for the continuance of any slave trade whatsoever. Mr. Thompson is just 52 years too late in dissolving the Union on account of this clause. He might as well dissolve the British Government, because Queen Elizabeth granted to Sir John Hawkins to import Africans into the West Indies 300 years ago! But there is still more to be said about this abolition of the slave trade. Men, at that time, both in England and in America, looked upon the slave trade as the life of slavery. The abolition of the slave trade was supposed to be the certain death of slavery. Cut off the stream, and the pond will dry up, was the common notion at the time. Wilberforce and Clarkson, clear-sighted as they were, took this view; and the American statesmen, in providing for the abolition of the slave trade, thought they were providing for the abolition of the slavery. This view is quite consistent with the history of the times. All regarded slavery as an expiring and doomed system, destined to speedily disappear from the country. But, again, it should be remembered that this very provision, if made to refer to the African slave trade at all, makes the Constitution anti-slavery rather than for slavery; for it says to the slave States, the price you will have to pay for coming into the American Union is, that the slave trade, which you would carry on indefinitely out of the Union, shall be put an end to in twenty years if you come into the Union. Secondly, if it does apply, it expired by its own limitation more than fifty years ago. Thirdly, it is anti-slavery, because it looked to the abolition of slavery rather than to its perpetuity. Fourthly, it showed that the intentions of the framers of the Constitution were good, not bad. I think this is quite enough for this point. I go to the “slave insurrection” clause, though, in truth, there is no such clause. The one which is called so has nothing whatever to do with slaves or slaveholders any more than your laws for suppression of popular outbreaks has to do with making slaves of you and your children. It is only a law for suppression of riots or insurrections. But I will be generous here, as well as elsewhere, and grant that it applies to slave insurrections. Let us suppose that an anti-slavery man is President of the United States (and the day that shall see this the case is not distant) and this very power of suppressing slave insurrections would put an end to slavery. The right to put down an insurrection carries with it the right to determine the means by which it shall be put down. If it should turn out that slavery is a source of insurrection, that there is no security from insurrection while slavery lasts, why, the Constitution would be best obeyed by putting an end to slavery, and an anti-slavery Congress would do the very same thing. Thus, you see, the so-called slave-holding provisions of the American Constitution, which a little while ago looked so formidable, are, after all, no defence or guarantee for slavery whatever. But there is one other provision. This is called the “Fugitive Slave Provision.” It is called so by those who wish to make it subserve the interest of slavery in America, and the same by those who wish to uphold the views of a party in this country. It is put thus in the speech at the City Hall: — “Let us go back to 1787, and enter Liberty Hall, Philadelphia, where sat in convention the illustrious men who framed the Constitution — with George Washington in the chair. On the 27th of September, Mr. Butler and Mr. Pinckney, two delegates from the State of South Carolina, moved that the Constitution should require that fugitive slaves and servants should be delivered up like criminals, and after a discussion on the subject, the clause, as it stands in the Constitution, was adopted. After this, in the conventions held in the several States to ratify the Constitution, the same meaning was attached to the words. For example, Mr. Madison (afterwards President), when recommending the Constitution to his constituents, told them that the clause would secure them their property in slaves.” I must ask you to look well to this statement. Upon its face, it would seem a full and fair statement of the history of the transaction it professes to describe and yet I declare unto you, knowing as I do the facts in the case, my utter amazement at the downright untruth conveyed under the fair seeming words now quoted. The man who could make such a statement may have all the craftiness of a lawyer, but who can accord to him the candour of an honest debater? What could more completely destroy all confidence in his statements? Mark you, the orator had not allowed his audience to hear read the provision of the Constitution to which he referred. He merely characterized it as one to “deliver up fugitive slaves and servants like criminals,” and tells you that this was done “after discussion.” But he took good care not to tell you what was the nature of that discussion. He have would have spoiled the whole effect of his statement had he told you the whole truth. Now, what are the facts connected with this provision of the Constitution? You shall have them. It seems to take two men to tell the truth. It is quite true that Mr. Butler and Mr. Pinckney introduced a provision expressly with a view to the recapture of fugitive slaves: it is quite true also that there was some discussion on the subject — and just here the truth shall come out. These illustrious kidnappers were told promptly in that discussion that no such idea as property in man should be admitted into the Constitution. The speaker in question might have told you, and he would have told you but the simple truth, if he had told you that he proposition of Mr. Butler and Mr. Pinckney — which he leads you to infer was adopted by the convention that from the Constitution — was, in fact, promptly and indignantly rejected by that convention. He might have told you, had it suited his purpose to do so, that the words employed in the first draft of the fugitive slave clause were such as applied to the condition of slaves, and expressly declared that persons held to “servitude” should be given up; but that the word “servitude” was struck from the provision, for the very reason that it applied to slaves. He might have told you that the same Mr. Madison declared that the word was struck out because the convention would not consent that the idea of property in men should be admitted into the Constitution. The fact that Mr. Madison can be cited on both sides of this question is another evidence of the folly and absurdity of making the secret intentions of the framers the criterion by which the Constitution is to be construed. But it may be asked — if this clause does not apply to slaves, to whom does it apply? I answer, that when adopted, it applies to a very large class of persons — namely, redemptioners — persons who had come to America from Holland, from Ireland, and other quarters of the globe — like the Coolies to the West Indies — and had, for a consideration duly paid, become bound to “serve and labour” for the parties two whom their service and labour was due. It applies to indentured apprentices and others who have become bound for a consideration, under contract duly made, to serve and labour, to such persons this provision applies, and only to such persons. The plain reading of this provision shows that it applies, and that it can only properly and legally apply, to persons “bound to service.” Its object plainly is, to secure the fulfillment of contracts for “service and labour.” It applies to indentured apprentices, and any other persons from whom service and labour may be due. The legal condition of the slave puts him beyond the operation of this provision. He is not described in it. He is a simple article of property. He does not owe and cannot owe service. He cannot even make a contract. It is impossible for him to do so. He can no more make such a contract than a horse or an ox can make one. This provision, then, only respects persons who owe service, and they only can owe service who can receive an equivalent and make a bargain. The slave cannot do that, and is therefore exempted from the operation of this fugitive provision. In all matters where laws are taught to be made the means of oppression, cruelty, and wickedness, I am for strict construction. I will concede nothing. It must be shown that it is so nominated in the bond. The pound of flesh, but not one drop of blood. The very nature of law is opposed to all such wickedness, and makes it difficult to accomplish such objects under the forms of law. Law is not merely an arbitrary enactment with regard to justice, reason, or humanity. Blackstone defines it to be a rule prescribed by the supreme power of the State commanding what is right and forbidding what is wrong. The speaker at the City Hall laid down some rules of legal interpretation. These rules send us to the history of the law for its meaning. I have no objection to such a course in ordinary cases of doubt. But where human liberty and justice are at stake, the case falls under an entirely different class of rules. There must be something more than history — something more than tradition. The Supreme Court of the United States lays down this rule, and it meets the case exactly — “Where rights are infringed — where the fundamental principles of the law are overthrown — where the general system of the law is departed from, the legislative intention must be expressed with irresistible clearness.” The same court says that the language of the law must be construed strictly in favour of justice and liberty. Again, there is another rule of law. It is — Where a law is susceptible of two meanings, the one making it accomplish an innocent purpose, and the other making it accomplish a wicked purpose, we must in all cases adopt that which makes it accomplish an innocent purpose. Again, the details of a law are to be interpreted in the light of the declared objects sought by the law. I set these rules down against those employed at the City Hall. To me they seem just and rational. I only ask you to look at the American Constitution in the light of them, and you will see with me that no man is guaranteed a right of property in man, under the provisions of that instrument. If there are two ideas more distinct in their character and essence than another, those ideas are “persons” and “property,” “men” and “things.” Now, when it is proposed to transform persons into “property” and men into beasts of burden, I demand that the law that completes such a purpose shall be expressed with irresistible clearness. The thing must not be left to inference, but must be done in plain English. I know how this view of the subject is treated by the class represented at the City Hall. They are in the habit of treating the Negro as an exception to general rules. When their own liberty is in question they will avail themselves of all rules of law which protect and defend their freedom; but when the black man’s rights are in question they concede everything, admit everything for slavery, and put liberty to the proof. They reserve the common law usage, and presume the Negro a slave unless he can prove himself free. I, on the other hand, presume him free unless he is proved to be otherwise. Let us look at the objects for which the Constitution was framed and adopted, and see if slavery is one of them. Here are its own objects as set forth by itself: — “We, the people of these United States, in order to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution of the United States of America.” The objects here set forth are six in number: union, defence, welfare, tranquility, justice, and liberty. These are all good objects, and slavery, so far from being among them, is a foe of them all. But it has been said that Negroes are not included within the benefits sought under this declaration. This is said by the slaveholders in America — it is said by the City Hall orator — but it is not said by the Constitution itself. Its language is “we the people;” not we the white people, not even we the citizens, not we the privileged class, not we the high, not we the low, but we the people; not we the horses, sheep, and swine, and wheel-barrows, but we the people, we the human inhabitants; and, if Negroes are people, they are included in the benefits for which the Constitution of America was ordained and established. But how dare any man who pretends to be a friend to the Negro thus gratuitously concede away what the Negro has a right to claim under the Constitution? Why should such friends invent new arguments to increase the hopelessness of his bondage? This, I undertake to say, as the conclusion of the whole matter, that the constitutionality of slavery can be made out only by disregarding the plain and common-sense reading of the Constitution itself; by discrediting and casting away as worthless the most beneficent rules of legal interpretation; by ruling the Negro outside of these beneficent rules; by claiming that the Constitution does not mean what it says, and that it says what it does not mean; by disregarding the written Constitution, and interpreting it in the light of a secret understanding. It is in this mean, contemptible, and underhand method that the American Constitution is pressed into the service of slavery. They go everywhere else for proof that the Constitution declares that no person shall be deprived of life, liberty, or property without due process of law; it secures to every man the right of trial by jury, the privilege of the writ of habeas corpus — the great writ that put an end to slavery and slave-hunting in England — and it secures to every State a republican form of government. Anyone of these provisions in the hands of abolition statesmen, and backed up by a right moral sentiment, would put an end to slavery in America. The Constitution forbids the passing of a bill of attainder: that is, a law entailing upon the child the disabilities and hardships imposed upon the parent. Every slave law in America might be repealed on this very ground. The slave is made a slave because his mother is a slave. But to all this it is said that the practice of the American people is against my view. I admit it. They have given the Constitution a slaveholding interpretation. I admit it. Thy have committed innumerable wrongs against the Negro in the name of the Constitution. Yes, I admit it all; and I go with him who goes farthest in denouncing these wrongs. But it does not follow that the Constitution is in favour of these wrongs because the slaveholders have given it that interpretation. To be consistent in his logic, the City Hall speaker must follow the example of some of his brothers in America — he must not only fling away the Constitution, but the Bible. The Bible must follow the Constitution, for that, too, has been interpreted for slavery by American divines. Nay, more, he must not stop with the Constitution of America, but make war with the British Constitution, for, if I mistake not, the gentleman is opposed to the union of Church and State. In America he called himself a Republican. Yet he does not go for breaking down the British Constitution, although you have a Queen on the throne, and bishops in the House of Lords. My argument against the dissolution of the American Union is this: It would place the slave system more exclusively under the control of the slaveholding States, and withdraw it from the power in the Northern States which is opposed to slavery. Slavery is essentially barbarous in its character. It, above all things else, dreads the presence of an advanced civilisation. It flourishes best where it meets no reproving frowns, and hears no condemning voices. While in the Union it will meet with both. Its hope of life, in the last resort, is to get out of the Union. I am, therefore, for drawing the bond of the Union more completely under the power of the Free States. What they most dread, that I most desire. I have much confidence in the instincts of the slaveholders. They see that the Constitution will afford slavery no protection when it shall cease to be administered by slaveholders. They see, moreover, that if there is once a will in the people of America to abolish slavery, this is no word, no syllable in the Constitution to forbid that result. They see that the Constitution has not saved slavery in Rhode Island, in Connecticut, in New York, or Pennsylvania; that the Free States have only added three to their original number. There were twelve Slave States at the beginning of the Government: there are fifteen now. They dissolution of the Union would not give the North a single advantage over slavery, but would take from it many. Within the Union we have a firm basis of opposition to slavery. It is opposed to all the great objects of the Constitution. The dissolution of the Union is not only an unwise but a cowardly measure — 15 millions running away from three hundred and fifty thousand slaveholders. Mr. Garrison and his friends tell us that while in the Union we are responsible for slavery. He and they sing out “No Union with slaveholders,” and refuse to vote. I admit our responsibility for slavery while in the Union but I deny that going out of the Union would free us from that responsibility. There now clearly is no freedom from responsibility for slavery to any American citizen short to the abolition of slavery. The American people have gone quite too far in this slaveholding business now to sum up their whole business of slavery by singing out the cant phrase, “No union with slaveholders.” To desert the family hearth may place the recreant husband out of the presence of his starving children, but this does not free him from responsibility. If a man were on board of a pirate ship, and in company with others had robbed and plundered, his whole duty would not be preformed simply by taking the longboat and singing out, “No union with pirates.” His duty would be to restore the stolen property. The American people in the Northern States have helped to enslave the black people. Their duty will not have been done till they give them back their plundered rights. Reference was made at the City Hall to my having once held other opinions, and very different opinions to those I have now expressed. An old speech of mine delivered fourteen years ago was read to show — I know not what. Perhaps it was to show that I am not infallible. If so, I have to say in defence, that I never pretended to be. Although I cannot accuse myself of being remarkably unstable, I do not pretend that I have never altered my opinion both in respect to men and things. Indeed, I have been very much modified both in feeling and opinion within the last fourteen years. When I escaped from slavery, and was introduced to the Garrisonians, I adopted very many of their opinions, and defended them just as long as I deemed them true. I was young, had read but little, and naturally took some things on trust. Subsequent experience and reading have led me to examine for myself. This had brought me to other conclusions. When I was a child, I thought and spoke as a child. But the question is not as to what were my opinions fourteen years ago, but what they are now. If I am right now, it really does not matter what I was fourteen years ago. My position now is one of reform, not of revolution. I would act for the abolition of slavery through the Government — not over its ruins. If slaveholders have ruled the American Government for the last fifty years, let the anti-slavery men rule the nation for the next fifty years. If the South has made the Constitution bend to the purposes of slavery, let the North now make that instrument bend to the cause of freedom and justice. If 350,000 slaveholders have, by devoting their energies to that single end, been able to make slavery the vital and animating spirit of the American Confederacy for the last 72 years, now let the freemen of the North, who have the power in their own hands, and who can make the American Government just what they think fit, resolve to blot out for ever the foul and haggard crime, which is the blight and mildew, the curse and the disgrace of the whole United States. Source:
- Speech on the Dred Scott Decision - Frederick Douglass
Frederick Douglass, Speech on the Dred Scott Decision (May 14, 1857) Mr. Chairman, Friends, and Fellow Citizens: While four millions of our fellow countrymen are in chains—while men, women, and children are bought and sold on the auction-block with horses, sheep, and swine—while the remorseless slave-whip draws the warm blood of our common humanity—it is meet that we assemble as we have done to-day, and lift up our hearts and voices in earnest denunciation of the vile and shocking abomination. It is not for us to be governed by our hopes or our fears in this great work; yet it is natural on occasions like this, to survey the position of the great struggle which is going on between slavery and freedom, and to dwell upon such signs of encouragement as may have been lately developed, and the state of feeling these signs or events have occasioned in us and among the people generally. It is a fitting time to take an observation to ascertain where we are, and what our prospects are. To many, the prospects of the struggle against slavery seem far from cheering. Eminent men, North and South, in Church and State, tell us that the omens are all against us. Emancipation, they tell us, is a wild, delusive idea; the price of human flesh was never higher than now; slavery was never more closely entwined about the hearts and affections of the southern people than now; that whatever of conscientious scruple, religious conviction, or public policy, which opposed the system of slavery forty or fifty years ago, has subsided; and that slavery never reposed upon a firmer basis than now. Completing this picture of the happy and prosperous condition of this system of wickedness, they tell us that this state of things is to be set to our account. Abolition agitation has done it all. How deep is the misfortune of my poor, bleeding people, if this be so! How lost their condition, if even the efforts of their friends but sink them deeper in ruin! Without assenting to this strong representation of the increasing strength and stability of slavery, without denouncing what of untruth pervades it, I own myself not insensible to the many difficulties and discouragements that beset us on every hand. They fling their broad and gloomy shadows across the pathway of every thoughtful colored man in this country. For one, I see them clearly, and feel them sadly. With an earnest, aching heart, I have long looked for the realization of the hope of my people. Standing, as it were, barefoot, and treading upon the sharp and flinty rocks of the present, and looking out upon the boundless sea of the future, I have sought, in my humble way, to penetrate the intervening mists and clouds, and, perchance, to descry, in the dim and shadowy distance, the white flag of freedom, the precise speck of time at which the cruel bondage of my people should end, and the long entombed millions rise from the foul grave of slavery and death. But of that time I can know nothing, and you can know nothing. All is uncertain at that point. One thing, however, is certain; slaveholders are in earnest, and mean to cling to their slaves as long as they can, and to the bitter end. They show no sign of a wish to quit their iron grasp upon the sable throats of their victims. Their motto is, "a firmer hold and a tighter grip" for every new effort that is made to break their cruel power. The case is one of life or death with them, and they will give up only when they must do that or do worse. In one view the slaveholders have a decided advantage over all opposition. It is well to notice this advantage—the advantage of complete organization. They are organized; and yet were not at the pains of creating their organizations. The State governments, where the system of slavery exists, are complete slavery organizations. The church organizations in those States are equally at the service of slavery; while the Federal Government, with its army and navy, from the chief magistracy in Washington, to the Supreme Court, and thence to the chief marshalship at New York, is pledged to support, defend, and propagate the crying curse of human bondage. The pen, the purse, and the sword, are united against the simple truth, preached by humble men in obscure places. This is one view. It is, thank God, only one view; there is another, and a brighter view. David, you know, looked small and insignificant when going to meet Goliath, but looked larger when he had slain his foe. The Malakoff was, to the eye of the world, impregnable, till the hour it fell before the shot and shell of the allied army. Thus hath it ever been. Oppression, organized as ours is, will appear invincible up to the very hour of its fall. Sir, let us look at the other side, and see if there are not some things to cheer our heart and nerve us up anew in the good work of emancipation. Take this fact—for it is a fact—the anti-slavery movement has, from first to last, suffered no abatement. It has gone forth in all directions, and is now felt in the remotest extremities of the Republic. It started small, and was without capital either in men or money. The odds were all against it. It literally had nothing to lose, and everything to gain. There was ignorance to be enlightened, error to be combatted, conscience to be awakened, prejudice to be overcome, apathy to be aroused, the right of speech to be secured, mob violence to be subdued, and a deep, radical change to be inwrought in the mind and heart of the whole nation. This great work, under God, has gone on, and gone on gloriously. Amid all changes, fluctuations, assaults, and adverses of every kind, it has remained firm in its purpose, steady in its aim, onward and upward, defying all opposition, and never losing a single battle. Our strength is in the growth of antislavery conviction, and this has never halted. There is a significant vitality about this abolition movement. It has taken a deeper, broader, and more lasting hold upon the national heart than ordinary reform movements. Other subjects of much interest come and go, expand and contract, blaze and vanish, but the huge question of American Slavery, comprehending, as it does, not merely the weal or the woe of four millions, and their countless posterity, but the weal or the woe of this entire nation, must increase in magnitude and in majesty with every hour of its history. From a cloud not bigger than a man's hand, it has overspread the heavens. It has risen from a grain not bigger than a mustard seed. Yet see the fowls of the air, how they crowd its branches. Politicians who cursed it, now defend it; ministers, once dumb, now speak in its praise; and presses, which once flamed with hot denunciations against it, now surround the sacred cause as by a wall of living fire. Politicians go with it as a pillar of cloud by day, and the press as a pillar of fire by night. With these ancient tokens of success, I, for one, will not despair of our cause. Those who have undertaken to suppress and crush out this agitation for Liberty and humanity, have been most woefully disappointed. Many who have engaged to put it down, have found themselves put down. The agitation has pursued them in all their meanderings, broken in upon their seclusion, and, at the very moment of fancied security, it has settled down upon them like a mantle of unquenchable fire. Clay, Calhoun, and Webster each tried his hand at suppressing the agitation; and they went to their graves disappointed and defeated. Loud and exultingly have we been told that the slavery question is settled, and settled forever. You remember it was settled thirty-seven years ago, when Missouri was admitted into the Union with a slaveholding constitution, and slavery prohibited in all territory north of thirty-six degrees of north latitude. Just fifteen years afterwards, it was settled again by voting down the right of petition, and gagging down free discussion in Congress. Ten years after this it was settled again by the annexation of Texas, and with it the war with Mexico. In 1850 it was again settled. This was called a final settlement. By it slavery was virtually declared to be the equal of Liberty, and should come into the Union on the same terms. By it the right and the power to hunt down men, women, and children, in every part of this country, was conceded to our southern brethren, in order to keep them in the Union. Four years after this settlement, the whole question was once more settled, and settled by a settlement which unsettled all the former settlements. The fact is, the more the question has been settled, the more it has needed settling. The space between the different settlements has been strikingly on the decrease. The first stood longer than any of its successors. There is a lesson in these decreasing spaces. The first stood fifteen years—the second, ten years—the third, five years—the fourth stood four years—and the fifth has stood the brief space of two years. This last settlement must be called the Taney settlement. We are now told, in tones of lofty exultation, that the day is lost—all lost—and that we might as well give up the struggle. The highest authority has spoken. The voice of the Supreme Court has gone out over the troubled waves of the National Conscience, saying peace, be still. This infamous decision of the Slaveholding wing of the Supreme Court maintains that slaves are within the contemplation of the Constitution of the United States, property; that slaves are property in the same sense that horses, sheep, and swine are property; that the old doctrine that slavery is a creature of local law is false; that the right of the slaveholder to his slave does not depend upon the local law, but is secured wherever the Constitution of the United States extends; that Congress has no right to prohibit slavery anywhere; that slavery may go in safety anywhere under the star-spangled banner; that colored persons of African descent have no rights that white men are bound to respect; that colored men of African descent are not and cannot be citizens of the United States. You will readily ask me how I am affected by this devilish decision—this judicial incarnation of wolfishness? My answer is, and no thanks to the slave- holding wing of the Supreme Court, my hopes were never brighter than now. I have no fear that the National Conscience will be put to sleep by such an open, glaring, and scandalous tissue of lies as that decision is, and has been, over and over, shown to be. The Supreme Court of the United States is not the only power in this world. It is very great, but the Supreme Court of the Almighty is greater. Judge Taney can do many things, but he cannot perform impossibilities. He cannot bale out the ocean, annihilate the firm old earth, or pluck the silvery star of liberty from our Northern sky. He may decide, and decide again; but he cannot reverse the decision of the Most High. He cannot change the essential nature of things— making evil good, and good evil. Happily for the whole human family, their rights have been defined, declared, and decided in a court higher than the Supreme Court. "There is a law," says Brougham, "above all the enactments of human codes, and by that law, unchangeable and eternal, man cannot hold property in man." Your fathers have said that man's right to liberty is self-evident. There is no need of argument to make it clear. The voices of nature, of conscience, of reason, and of revelation, proclaim it as the right of all rights, the foundation of all trust, and of all responsibility. Man was born with it. It was his before he comprehended it. The deed conveying it to him is written in the center of his soul, and is recorded in Heaven. The sun in the sky is not more palpable to the sight than man's right to liberty is to the moral vision. To decide against this right in the person of Dred Scott, or the humblest and most whip-scarred bondman in the land, is to decide against God. It is an open rebellion against God's government. It is an attempt to undo what God has done, to blot out the broad distinction instituted by the All-wise between men and things, and to change the image and superscription of the everliving God into a speechless piece of merchandise. Such a decision cannot stand. God will be true though every man be a liar. We can appeal from this hell-black judgment of the Supreme Court, to the court of common sense and common humanity. We can appeal from man to God. If there is no justice on earth, there is yet justice in. heaven. You may close your Supreme Court against the black man's cry for justice, but you cannot, thank God, close against him the ear of a sympathising world, nor shut up the Court of Heaven. All that is merciful and just, on earth and in Heaven, will execrate and despise this edict of Taney. If it were at all likely that the people of these free States would tamely submit to this demoniacal judgment, I might feel gloomy and sad over it, and possibly it might be necessary for my people to look for a home in some other country. But as the case stands, we have nothing to fear. In one point of view, we, the abolitionists and colored people, should meet this decision, unlooked for and monstrous as it appears, in a cheerful spirit. This very attempt to blot out forever the hopes of an enslaved people may be one necessary link in the chain of events preparatory to the downfall and complete overthrow of the whole slave system. The whole history of the anti-slavery movement is studded with proof that all measures devised and executed with a view to ally and diminish the anti-slavery agitation, have only served to increase, intensify, and embolden that agitation. This wisdom of the crafty has been confounded, and the counsels of the ungodly brought to nought. It was so with the Fugitive Slave Bill. It was so with the Kansas-Nebraska Bill; and it will be so with this last and most shocking of all pro-slavery devices, this Taney decision. When great transactions are involved, where the fate of millions is concerned, where a long enslaved and suffering people are to be delivered, I am superstitious enough to believe that the finger of the Almighty may be seen bringing good out of evil, and making the wrath of man redound to his honor, hastening the triumph of righteousness. The American people have been called upon, in a most striking manner, to abolish and put away forever the system of slavery. The subject has been pressed upon their attention in all earnestness and sincerity. The cries of the slave have gone forth to the world, and up to the throne of God. This decision, in my view, is a means of keeping the nation awake on the subject. It is another proof that God does not mean that we shall go to sleep, and forget that we are a slave- holding nation. Step by step we have seen the slave power advancing; poisoning, corrupting, and perverting the institutions of the country; growing more and more haughty, imperious, and exacting. The white man's liberty has been marked out for the same grave with the black man's. The ballot box is desecrated, God's law set at nought, armed legislators stalk the halls of Congress, freedom of speech is beaten down in the Senate. The rivers and highways are infested by border ruffians, and white men are made to feel the iron heel of slavery. This ought to arouse us to kill off the hateful thing. They are solemn warnings to which the white people, as well as the black people, should take heed. If these shall fail, judgment, more fierce or terrible, may come. The lightning, whirlwind, and earthquake may come. Jefferson said that he trembled for his country when he reflected that God is just, and his justice cannot sleep forever. The time may come when even the crushed worm may turn under the tyrant's feet. Goaded by cruelty, stung by a burning sense of wrong, in an awful moment of depression and desperation, the bondman and bondwoman at the south may rush to one wild and deadly struggle for freedom. Already slaveholders go to bed with bowie knives, and apprehend death at their dinners. Those who enslave, rob, and torment their cooks, may well expect to find death in their dinner-pots. The world is full of violence and fraud, and it would be strange if the slave, the constant victim of both fraud and violence, should escape the contagion. He, too, may learn to fight the devil with fire, and for one, I am in no frame of mind to pray that this may be long deferred. Two remarkable occurrences have followed the presidential election; one was the unaccountable sickness traced to the National Hotel at Washington, and the other was the discovery of a plan among the slaves, in different localities, to slay their oppressors. Twenty or thirty of the suspected were put to death. Some were shot, some hanged, some burned, and some died under the lash. One brave man owned himself well acquainted with the conspiracy, but said he would rather die than disclose the facts. He received seven hundred and fifty lashes, and his noble spirit went away to the God who gave it. The name of this hero has been by the meanness of tyrants suppressed. Such a man redeems his race. He is worthy to be mentioned with the Hoffers and Tells, the noblest heroes of history. These insurrectionary movements have been put down, but they may break out at any time, under the guidance of higher intelligence, and with a more invincible spirit. The fire thus kindled, may be revived again; The flames are extinguished, but the embers remain; One terrible blast may produce an ignition, Which shall wrap the whole South in wild conflagration. The pathway of tyrants lies over volcanoes The very air they breathe is heavy with sorrows; Agonizing heart-throbs convulse them while sleeping, And the wind whispers Death as over them sweeping. By all the laws of nature, civilization, and of progress, slavery is a doomed system. Not all the skill of politicians, North and South, not all the sophistries of Judges, not all the fulminations of a corrupt press, not all the hypocritical prayers, or the hypocritical refusals to pray of a hollow-hearted priesthood, not all the devices of sin and Satan, can save the vile thing from extermination. Already a gleam of hope breaks upon us from the southwest. One Southern city has grieved and astonished the whole South by a preference for freedom. The wedge has entered. Dred Scott, of Missouri, goes into slavery, but St. Louis declares for freedom. The judgment of Taney is not the judgment of St. Louis. It may be said that this demonstration in St. Louis is not to be taken as an evidence of sympathy with the slave; that it is purely a white man's victory. I admit it. Yet I am glad that white men, bad as they generally are, should gain a victory over slavery. I am willing to accept a judgment against slavery, whether supported by white or black reasons—though I would much rather have it supported by both. He that is not against us, is on our part. Come what will, I hold it to be morally certain that, sooner or later, by fair means or foul means, in quiet or in tumult, in peace or in blood, in judgment or in mercy, slavery is doomed to cease out of this otherwise goodly land, and liberty is destined to become the settled law of this Republic. I base my sense of the certain overthrow of slavery, in part, upon the nature of the American Government, the Constitution, the tendencies of the age, and the character of the American people; and this, notwithstanding the important decision of Judge Taney. I know of no soil better adapted to the growth of reform than American soil. I know of no country where the conditions for affecting great changes in the settled order of things, for the development of right ideas of liberty and humanity, are more favorable than here in these United States. The very groundwork of this government is a good repository of Christian civilization. The Constitution, as well as the Declaration of Independence, and the sentiments of the founders of the Republic, give us a platform broad enough, and strong enough, to support the most comprehensive plans for the freedom and elevation of all the people of this country, without regard to color, class, or clime. There is nothing in the present aspect of the anti-slavery question which should drive us into the extravagance and nonsense of advocating a dissolution of the American Union as a means of overthrowing slavery, or freeing the North from the malign influence of slavery upon the morals of the Northern people. While the press is at liberty, and speech is free, and the ballot-box is open to the people of the sixteen free States; while the slaveholders are but four hundred thousand in number, and we are fourteen millions; while the mental and moral power of the nation is with us; while we are really the strong and they are the weak, it would look worse than cowardly to retreat from the Union. If the people of the North have not the power to cope with these four hundred thousand slaveholders inside the Union, I see not how they could get out of the Union. The strength necessary to move the Union must ever be less than is required to break it up. If we have got to conquer the slave power to get out of the Union, I for one would much rather conquer, and stay in the Union. The latter, it strikes me, is the far more rational mode of action. I make these remarks in no servile spirit, nor in any superstitious reverence for a mere human arrangement. If I felt the Union to be a curse, I should not be far behind the very chiefest of the disunion Abolitionists in denouncing it. But the evil to be met and abolished is not in the Union. The power arrayed against us is not a parchment. It is not in changing the dead form of the Union, that slavery is to be abolished in this country. We have to do not with the dead, but the living; not with the past, but the living present. Those who seek slavery in the Union, and who are everlastingly dealing blows upon the Union, in the belief that they are killing slavery, are most woefully mistaken. They are fighting a dead form instead of a living and powerful reality. It is clearly not because of the peculiar character of our Constitution that we have slavery, but the wicked pride, love of power, and selfish perverseness of the American people. Slavery lives in this country not because of any paper Constitution, but in the moral blindness of the American people, who persuade themselves that they are safe, though the rights of others may be struck down. Besides, I think it would be difficult to hit upon any plan less likely to abolish slavery than the dissolution of the Union. The most devoted advocates of slavery, those who make the interests of slavery their constant study, seek a dissolution of the Union as their final plan for preserving slavery from Abolition, and their ground is well taken. Slavery lives and flourishes best in the absence of civilization; a dissolution of the Union would shut up the system in its own congenial barbarism. The dissolution of the Union would not give the North one single additional advantage over slavery to the people of the North, but would manifestly take from them many which they now certainly possess. Within the Union we have a firm basis of anti-slavery operation. National welfare, national prosperity, national reputation and honor, and national scrutiny; common rights, common duties, and common country, are so many bridges over which we can march to the destruction of slavery. To fling away these advantages because James Buchanan is President, or Judge Taney gives a lying decision in favor of slavery, does not enter into my notion of common sense. Mr. Garrison and his friends have been telling us that, while in the Union, we are responsible for slavery; and in so telling us, he and they have told us the truth. But in telling us that we shall cease to be responsible for slavery by dissolving the Union, he and they have not told us the truth. There now, clearly, is no freedom from responsibility for slavery, but in the Abolition of slavery. We have gone too far in this business now to sum up our whole duty in the cant phrase of "no Union with slaveholders." To desert the family hearth may place the recreant husband out of the sight of his hungry children, but it cannot free him from responsibility. Though he should roll the waters of three oceans between him and them, he could not roll from his soul the burden of his responsibility to them; and, as with the private family, so in this instance with the national family. To leave the slave in his chains, in the hands of cruel masters who are too strong for him, is not to free ourselves from responsibility. Again: If I were on board of a pirate ship, with a company of men and women whose lives and liberties I had put in jeopardy, I would not clear my soul of their blood by jumping in the long boat, and singing out no union with pirates. My business would be to remain on board, and while I never would perform a single act of piracy again, I should exhaust every means given me by my position, to save the lives and liberties of those against whom I had committed piracy. In like manner, I hold it is our duty to remain inside this Union, and use all the power to restore to enslaved millions their precious and God-given rights. The more we have done by our voice and our votes, in times past, to rivet their galling fetters, the more clearly and solemnly comes the sense of duty to remain, to undo what we have done. Where, I ask, could the slave look for release from slavery if the Union were dissolved? I have an abiding conviction founded upon long and careful study of the certain effects of slavery upon the moral sense of slaveholding communities, that if the slaves are ever delivered from bondage, the power will emanate from the free States. All hope that the slaveholders will be self-moved to this great act of justice, is groundless and delusive. Now, as of old, the Redeemer must come from above, not from beneath. To dissolve the Union would be to withdraw the emancipating power from the field. But I am told this is the argument of expediency. I admit it, and am prepared to show that what is expedient in this instance is right. "Do justice, though the heavens fall." Yes, that is a good motto, but I deny that it would be doing justice to the slave to dissolve the Union and leave the slave in his chains to get out by the clemency of his master, or the strength of his arms. Justice to the slave is to break his chains, and going out of the union is to leave him in his chains, and without any probable chance of getting out of them. But I come now to the great question as to the constitutionality of slavery. The recent slaveholding decision, as well as the teachings of anti-slavery men, make this a fit time to discuss the constitutional pretensions of slavery. The people of the North are a law abiding people. They love order and respect the means to that end. This sentiment has sometimes led them to the folly and wickedness of trampling upon the very life of law, to uphold its dead form. This was so in the execution of that thrice accursed Fugitive Slave Bill. Burns and Simms were sent back to the hell of slavery after they had looked upon Bunker Hill, and heard liberty thunder in Faneuil Hall. The people permitted this outrage in obedience to the popular sentiment of reverence for law. While men thus respect law, it becomes a serious matter so to interpret the law as to make it operate against liberty. I have a quarrel with those who fling the Supreme Law of this land between the slave and freedom. It is a serious matter to fling the weight of the Constitution against the cause of human liberty, and those who do it, take upon them a heavy responsibility. Nothing but absolute necessity, shall, or ought to drive me to such a concession to slavery. When I admit that slavery is constitutional, I must see slavery recognized in the Constitution. I must see that it is there plainly stated that one man of a certain description has a right of property in the body and soul of another man of a certain description. There must be no room for a doubt. In a matter so important as the loss of liberty, everything must be proved beyond all reasonable doubt. The well known rules of legal interpretation bear me out in this stubborn refusal to see slavery where slavery is not, and only to see slavery where it is. The Supreme Court has, in its day, done something better than make slave-holding decisions. It has laid down rules of interpretation which are in harmony with the true idea and object of law and liberty. It has told us that the intention of legal instruments must prevail; and that this must be collected from its words. It has told us that language must be construed strictly in favor of liberty and justice. It has told us where rights are infringed, where fundamental principles are overthrown, where the general system of the law is departed from, the Legislative intention must be expressed with irresistible clearness, to induce a court of justice to suppose a design to effect such objects. These rules are as old as law. They rise out of the very elements of law. It is to protect human rights, and promote human welfare. Law is in its nature opposed to wrong, and must everywhere be presumed to be in favor of the right. The pound of flesh, but not one drop of blood, is a sound rule of legal interpretation. Besides there is another rule of law as well of common sense, which requires us to look to the ends for which a law is made, and to construe its details in harmony with the ends sought. Now let us approach the Constitution from the standpoint thus indicated, and instead of finding in it a warrant for the stupendous system of robbery, comprehended in the term slavery, we shall find it strongly against that system. "We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America." Such are the objects announced by the instrument itself, and they are in harmony with the Declaration of Independence, and the principles of human well-being. Six objects are here declared, "Union," "defence," "welfare," "tranquility," and "justice," and "liberty." Neither in the preamble nor in the body of the Constitution is there a single mention of the term slave or slave holder, slave master or slave state, neither is there any reference to the color, or the physical peculiarities of any part of the people of the United States. Neither is there anything in the Constitution standing alone, which would imply the existence of slavery in this country. "We, the people"—not we, the white people—not we, the citizens, or the legal voters—not we, the privileged class, and excluding all other classes but we, the people; not we, the horses and cattle, but we the people—the men and women, the human inhabitants of the United States, do ordain and establish this Constitution, &c. I ask, then, any man to read the Constitution, and tell me where, if he can, in what particular that instrument affords the slightest sanction of slavery? Where will he find a guarantee for slavery? Will he find it in the declaration that no person shall be deprived of life, liberty, or property, without due process of law? Will he find it in the declaration that the Constitution was established to secure the blessing of liberty? Will he find it in the right of the people to be secure in their persons and papers, and houses, and effects? Will he find it in the clause prohibiting the enactment by any State of a bill of attainder? These all strike at the root of slavery, and any one of them, but faithfully carried out, would put an end to slavery in every State in the American Union. Take, for example, the prohibition of a bill of attainder. That is a law entailing on the child the misfortunes of the parent. This principle would destroy slavery in every State of the Union. The law of slavery is a law of attainder. The child is property because its parent was property, and suffers as a slave because its parent suffered as a slave. Thus the very essence of the whole slave code is in open violation of a fundamental provision of the Constitution, and is in open and flagrant violation of all the objects set forth in the Constitution. While this and much more can be said, and has been said, and much better said, by Lysander Spooner, William Goodell, Beriah Green, and Gerrit Smith, in favor of the entire unconstitutionality of slavery, what have we on the other side? How is the constitutionality of slavery made out, or attempted to be made out? First, by discrediting and casting away as worthless the most beneficent rules of legal interpretation; by disregarding the plain and common sense reading of the instrument itself; by showing that the Constitution does not mean what it says, and says what it does not mean, by assuming that the written Constitution is to be interpreted in the light of a secret and unwritten understanding of its framers, which understanding is declared to be in favor of slavery. It is in this mean, contemptible, underhand method that the Constitution is pressed into the service of slavery. They do not point us to the Constitution itself, for the reason that there is nothing sufficiently explicit for their purpose; but they delight in supposed intentions—intentions nowhere expressed in the Constitution, and everywhere contradicted in the Constitution. Judge Taney lays down this system of interpreting in this wise: "The general words above quoted would seem to embrace the whole human family, and, if they were used in a similar instrument at this day, would be so understood. But it is too clear for dispute that the enslaved African race were not intended to be included, and formed no part of the people who framed and adopted this declaration; for if the language, as understood in that day, would embrace them, the conduct of the distinguished men who framed the Declaration of Independence would have been utterly and flagrantly inconsistent with the principles they asserted; and instead of the sympathy of mankind, to which they appealed, they would have deserved and received universal rebuke and reprobation. "It is difficult, at this day, to realize the state of public opinion respecting that unfortunate class with the civilized and enlightened portion of the world at the time of the Declaration of Independence and the adoption of the Constitution; but history shows they had, for more than a century, been regarded as beings of an inferior order, and unfit associates for the white race, either socially or politically, and had no rights which white men are bound to respect; and the black man might be reduced to slavery, bought and sold, and treated as an ordinary article of merchandise. This opinion, at that time, was fixed and universal with the civilized portion of the white race. It was regarded as an axiom of morals, which no one thought of disputing, and everyone habitually acted upon it, without doubting, for a moment, the correctness of the opinion. And in no nation was this opinion more fixed, and generally acted upon, than in England; the subjects of which government not only seized them on the coast of Africa, but took them, as ordinary merchandise, to where they could make a profit on them. The opinion, thus entertained, was universally maintained on the colonies this side of the Atlantic; accordingly, Negroes of the African race were regarded by them as property, and held and bought and sold as such in every one of the thirteen colonies, which united in the Declaration of Independence, and afterwards formed the Constitution." The argument here is, that the Constitution comes down to us from a slave- holding period and a slaveholding people; and that, therefore, we are bound to suppose that the Constitution recognizes colored persons of African descent, the victims of slavery at that time, as debarred forever from all participation in the benefit of the Constitution and the Declaration of Independence, although the plain reading of both includes them in their beneficent range. As a man, an American, a citizen, a colored man of both Anglo-Saxon and African descent, I denounce this representation as a most scandalous and devilish perversion of the Constitution, and a brazen misstatement of the facts of history. But I will not content myself with mere denunciation; I invite attention to the facts. It is a fact, a great historic fact, that at the time of the adoption of the Constitution, the leading religious denominations in this land were anti-slavery, and were laboring for the emancipation of the colored people of African descent. The church of a country is often a better index of the state of opinion and feeling than is even the government itself. The Methodists, Baptists, Presbyterians, and the denomination of Friends, were actively opposing slavery, denouncing the system of bondage, with language as burning and sweeping as we employ at this day. Take the Methodists. In 1780, that denomination said: "The Conference acknowledges that slavery is contrary to the laws of God, man, and nature, and hurtful to society—contrary to the dictates of conscience and true religion, and doing to others that we would not do unto us." In 1784, the same church declared, "that those who buy, sell, or give slaves away, except for the purpose to free them, shall be expelled immediately." In 1785, it spoke even more stringently on the subject. It then said: "We hold in the deepest abhorrence the practice of slavery, and shall not cease to seek its destruction by all wise and proper means." So much for the position of the Methodist Church in the early history of the Republic, in those days of darkness to which Judge Taney refers. Let us now see how slavery was regarded by the Presbyterian Church at that early date. In 1794, the General Assembly of that body pronounced the following judgment in respect to slavery, slaveholders, and slaveholding. "1st Timothy, 1st chapter, 10th verse: 'The law was made for manstealers.' 'This crime among the Jews exposed the perpetrators of it to capital punishment.' Exodus, xxi, 15.—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. 'To steal a freeman,' says Grotius, 'is the highest kind of theft.' In other instances, we only steal human property, but when we steal or retain men in slavery, we seize those who, in common with ourselves, are constituted, by the original grant, lords of the earth." I might quote, at length, from the sayings of the Baptist Church and the sayings of eminent divines at this early period, showing that Judge Taney has grossly falsified history, but will not detain you with these quotations. The testimony of the church, and the testimony of the founders of this Republic, from the declaration downward, prove Judge Taney false; as false to history as he is to law. Washington and Jefferson, and Adams, and Jay, and Franklin, and Rush, and Hamilton, and a host of others, held no such degrading views on the subject of slavery as are imputed by Judge Taney to the Fathers of the Republic. All, at that time, looked for the gradual but certain abolition of slavery, and shaped the constitution with a view to this grand result. George Washington can never be claimed as a fanatic, or as the representative of fanatics. The slaveholders impudently use his name for the base purpose of giving respectability to slavery. Yet, in a letter to Robert Morris, Washington uses this language—language which, at this day, would make him a terror of the slaveholders, and the natural representative of the Republican party. "There is not a man living, who wishes more sincerely than I do, to see some plan adopted for the abolition of slavery; but there is only one proper and effectual mode by which it can be accomplished, and that is by Legislative authority; and this, as far as my suffrage will go, shall not be wanting." Washington only spoke the sentiment of his times. There were, at that time, Abolition societies in the slave States—Abolition societies in Virginia, in North Carolina, in Maryland, in Pennsylvania, and in Georgia—all slaveholding States. Slavery was so weak, and liberty so strong, that free speech could attack the monster to its teeth. Men were not mobbed and driven out of the presence of slavery, merely because they condemned the slave system. The system was then on its knees imploring to be spared, until it could get itself decently out of the world. In the light of these facts, the Constitution was framed, and framed in conformity to it. It may, however, be asked, if the Constitution were so framed that the rights of all the people were naturally protected by it, how happens it that a large part of the people have been held in slavery ever since its adoption? Have the people mistaken the requirements of their own Constitution? The answer is ready. The Constitution is one thing, its administration is another, and, in this instance, a very different and opposite thing. I am here to vindicate the law, not the administration of the law. It is the written Constitution, not the unwritten Constitution, that is now before us. If, in the whole range of the Constitution, you can find no warrant for slavery, then we may properly claim it for liberty. Good and wholesome laws are often found dead on the statute book. We may condemn the practice under them and against them, but never the law itself. To condemn the good law with the wicked practice, is to weaken, not to strengthen our testimony. It is no evidence that the Bible is a bad book, because those who profess to believe the Bible are bad. The slaveholders of the South, and many of their wicked allies at the North, claim the Bible for slavery; shall we, therefore, fling the Bible away as a pro-slavery book? It would be as reasonable to do so as it would be to fling away the Constitution. We are not the only people who have illustrated the truth, that a people may have excellent law, and detestable practices. Our Savior denounces the Jews, because they made void the law by their traditions. We have been guilty of the same sin. The American people have made void our Constitution by just such traditions as Judge Taney and Mr. Garrison have been giving to the world of late, as the true light in which to view the Constitution of the United States. I shall follow neither. It is not what Moses allowed for the hardness of heart, but what God requires, ought to be the rule. It may be said that it is quite true that the Constitution was designed to secure the blessings of liberty and justice to the people who made it, and to the posterity of the people who made it, but was never designed to do any such thing for the colored people of African descent. This is Judge Taney's argument, and it is Mr. Garrison's argument, but it is not the argument of the Constitution. The Constitution imposes no such mean and satanic limitations upon its own beneficent operation. And, if the Constitution makes none, I beg to know what right has anybody, outside of the Constitution, for the special accommodation of slaveholding villainy, to impose such a construction upon the Constitution? The Constitution knows all the human inhabitants of this country as "the people." It makes, as I have said before, no discrimination in favor of, or against, any class of the people, but is fitted to protect and preserve the rights of all, without reference to color, size, or any physical peculiarities. Besides, it has been shown by William Goodell and others, that in eleven out of the old thirteen States, colored men were legal voters at the time of the adoption of the Constitution. In conclusion, let me say, all I ask of the American people is, that they live up to the Constitution, adopt its principles, imbibe its spirit, and enforce its provisions. When this is done, the wounds of my bleeding people will be healed, the chain will no longer rust on their ankles, their backs will no longer be torn by the bloody lash, and liberty, the glorious birthright of our common humanity, will become the inheritance of all the inhabitants of this highly favored country. Source:
- The American Constitution and the Slave - Frederick Douglass
The American Constitution and the Slave Mr. President, Ladies, and Gentlemen, I have witnessed with great pleasure the growing interest in the great question of slavery in this city, and in Scotland generally. Meetings with reference to that question have become more abundant of late than perhaps at any time since the abolition of slavery in the British West Indies. I read with deep interest the speeches made recently at a meeting called to sympathise with and to assist that faithful champion of the cause to my enslaved fellow-countrymen, Dr. Cheever. I have also read of another meeting in your city, having reference to the improvement and elevation of the people of Africa - having reference to the cultivation of cotton and the opening up of commerce between this and that land. All of these movements are in the right direction. I accept them and hail them as signs of "the good time coming," when Ethiopia "shall stretch out her hands to God" in deed and in truth. There have been, also, other meetings in your city since it was my privilege last to address you. I have read with much care a speech recently delivered in the City Hall. It is published in one of your most respectable journals. The minuteness and general shading of that report convince me that the orator was his own reporter. At any rate, there is but little evidence or few marks of its having been tampered with by any than one exceedingly friendly to the sentiments it contains. On some accounts I read that speech with regret; on others with much satisfaction. I was certainly pleased with the evidence it afforded that the orator was largely recovered by his long-lost health, and much of his wonted eloquence and fire; but my chief ground of satisfaction is that its delivery - perhaps I ought to say its publication - for I would not have noticed the speech had it not been published in just such a journal as that in which it was published - furnishes an occasion for bringing before the friends of my enslaved people one phase of the great struggle going on between liberty and slavery in the United States which I deem important, and which I think, before I get through, my audience will agree with me is a very important phase of that struggle. The North British Mail honored me with a few pointed remarks in dissent from certain views held by me on another occasion in this city; but as it rendered my speech on that occasion very fairly to the public, I did not feel at all called upon to reply to its strictures. The case is different now. I am brought face to face with two powers. I stand before you under the fire of both platform and press. Not to speak, under the circumstances, would subject me and would subject my cause to misconstruction. You might be led to suppose that I had no reasons for the ground that I occupied here when I spoke in another place before you. Let me invite your attention, I may say your indulgent attention, to this very interesting phase of the question of slavery in the United States. My assailant, as he had a perfect right to do - that is, if he felt that that was the best possible service he could do to the cause of American slavery - under advertisement to deliver an "anti-slavery lecture" - a lecture on the present aspect of the anti-slavery movement in America - treated the citizens of Glasgow to an "anti-Douglass" lecture. He seemed to feel that to discredit me was an important work, and therefore he came up to that work with all his wonted power and eloquence, proving himself to be just as powerful and skilful a debater, in all its arts, high and low, as long practice, as constant experience could well fit a man to be. I award to the eloquent lecturer, as I am sure you do, all praise for his skill and ability, and fully acknowledge his many valuable services, in other days, to the anti-slavery cause both in England and America. We all remember how nobly he confronted the Borthwicks and the Breckenridges in other days, and vanquished them. These victories are safe; they are not to be forgotten. They belong to his past, and will render his name dear and glorious to aftercoming generations. He then enjoyed the confidence of many of the most illustrious philanthropists that Scotland has ever raised up. He had at his back, at those times, the Wardlaws, the Kings, the Heughs, and Robsons - men who are known the world over for their philanthropy, for their Christian benevolence. He was strong in those days, for he stood before the people of Scotland as the advocate of a great and glorious cause - he stood up for the dumb, for the down-trodden, for the outcasts of the earth, and not for a mere party, not for the mere sect whos mischievous and outrageous opinions he now consents to advocate in your hearing. When in Glasgow a few weeks ago, I embraced the occasion to make a broad statement concerning the various plans proposed for the abolition of slavery in the United States, but I very frankly stated with what I agreed and from what I differed; but I did so, I trust, in a spirit of fair dealing, of candor, and not in a miserable, man-worshipping, and mutual-admiration spirit, which can do justice only to the party with which it may happen to go for the moment. One word further. No difference of opinion, no temporary alienations, no personal assaultss shall ever lead me to forget that some who, in America, have often made me the subject of personal abuse, are at the same time, in their own way, earnestly working for the abolition of slavery. They are men who thoroughly understand the principle, that they who are not for us are against us, but who unfortunately have failed to learn that they who are not against us are on our part. In regard to the speaker to whom I am referring, and who by the way is, perhaps, the least vindictive of his party, I shall say that I cannot praise his speech, for it is needlessly, or was needlessly personal, calling me by name over, I think, fifty times, and dealing out blows upon me as if I had been savagely attacking him. In character and manliness, that speech was not only deficient, I think but most shamefully one-sided; and while it was remarkably plausible, and well calculated to catch the popular ear, which could not well discriminate between what was fact and what was fiction in regard to the subject then discussed, I do not hesitate to pronounce that speech false in statement, false in its assumptions, false in its inferences, false in its quotations even, and false in its arguments, and false in all its leading conclusions. On very many accounts, he who stands before a British audience to denounce any thing peculiarly American in connection with slavery has a very marked and decided advantage. It is not hard to believe the very worst of any country where a system like slavery has existed for centuries. This feeling toward America, and towards every thing American, is very natural and very useful. I refer to it now not to condemn it, but to remind you that it is just possible that this feeling may be carried to too great a length. It may be that this feeling may be too active, and lead the people of Great Britain to accept as true some things concerning America which are utterly false, and to reject as false some other things which are entirely true. My assailant largely took advantage of this noble British feeling in denouncing the constitution of Union of America. He knew the strength of that feeling, and the noble uses to which it might have been directed. I know it also, but I would despise myself if I could be guilty of taking advantage of such a sentiment, and making it the means of propagating error, falsehood, and prejudice against any institution or against any class of men in the United States. I am willing that these words shall be regarded as marked words. I have often felt how easy it would be, if one were so disposed, to make false representations of things as they are in America; to disparage whatever of good might exist there, or shall exist there, and to exaggerate whatever is bad in that country. I intend to show that this very thing was done by the speaker to whom I have referred; that his speech was calculated to convey impressions and ideas totally, grossly, outrageously at variance with truth concerning the constitution and Union of the American States. You will think this very strong language. I think so too; and it becomes me to look well to myself in using such language, for if I fail to make out my case, I am sure there are parties not a few who will see that fair play is done on the other side. But I have no fear at all of inability to justify what I have said; and if any friend of mine was led to doubt, from the confident manner in which I was assailed, I beg that such doubt may now be put aside until, at least, I have been heard. I will make good, I promise you, my entire characterisation of that speech. Reading speeches is not my forte, and you will bear with me until I get my harness on. I have fully examined my ground, and while I own myself nothing in comparison with my assailant in point of ability, I have no manner of doubt as to the rectitude of the position I occupy on the question. Now, what is that question? Much will be gained at the outset if you fully and clearly understand the real question under discussion - the question and difference between us. Indeed, nothing can be understood till this is understood. Things are often confounded and treated as the same for no better reason than that they seem alike or look alike, and this is done even when in their nature and character they are totally distinct, totally separate, and even opposed to each other. This jumbling up of things is a sort of dust-throwing which is often indulged in by small men who argue for victory rather than for truth. Thus, for instance, the American government and the American constitution are often spoken of in the speech to which I refer as being synonymous - as one and the same thing; whereas, in point of fact, they are entirely distinct from each other and totally different. In regard to the question of slavery, certainly they are different from each other; they are as distinct from each other as the compass is from the ship - as distinct from each other as the chart is from the course which a vessel may be sometimes steering. They are not one and the same thing. If the American government has been mean, sordid, mischievous, devilish, it is no proof whatever that the constitution of government has been the same. And yet, in the speech to which some of you listened, these sins of the government or administration of government were charged directly upon the constitution and Union of the states. What, then, is the question? I will state what it is not. It is not whether slavery existed in the United States at the time of the adoption of the Constitution; it is not whether slaveholders took part in the framing of the Constitution; it is not whether those slaveholders in their hearts intended to secure certain advantages in that instrument for slavery; it is not whether the American Government has been wielded during seventy-two years on behalf of slavery; it is not whether a pro-slavery interpretation has been put upon the Constitution in American Courts — all these points may be true or they may be false, they may be accepted or they may be rejected, without at all affecting the question at issue between myself and the "City Hall." The real question between parties differing at this point in America may be fairly stated thus:— "Does the United States Constitution guarantee to any class or description of people in that country the right to enslave or hold as property any other class or description of people in that country? The second question is:- "Is the dissolution of the Union between the Slave States and Free States required by fidelity to the slaves or the just demands of conscience?" Or, in other words, "Is the refusal to exercise the elective franchise or to hold office in America, the surest, wisest, and best mode of acting for the abolition of slavery in that country?" To these questions the Garrisonians in America answer, "Yes." They hold that the Constitution is a slave-holding instrument, and will not cast a vote, or hold office under it, and denounce all who vote or hold office under it as pro-slavery men, though they may be in their hearts and in their actions as far from being slaveholders as are the poles of the moral universe apart. I, on the other hand, deny that the Constitution guarantees the right to hold property in men, and believe that the way, the true way, to abolish slavery in America is to vote such men into power as will exert their moral and political influence for the abolition of slavery. This is the issue plainly stated, and you shall judge between us. Before we examine into the disposition, tendency, and character of the constitution of the United States, I think we had better ascertain what the constitution itself is. Before looking for what it means, let us see what it is. For here, too, there has been endless dust-throwing on the part of those opposed to office. What is the Constitution? It is no vague, indefinite, floating, unsubstantial something, called, according to any man's fancy, now a weasel and now a whale. But it is something substantial. It is a plainly written document; not in Hebrew nor in Greek, but in English, beginning with a preamble, fitted out with articles, sections, provisions, and clauses, defining the rights, powers, and duties to be secured, claimed, and exercised under its authority. It is not even like the British constitution, which is made up of enactments of parliament, decisions of courts, and the established usages of the Government. The American constitution is a written instrument full and complete in itself. No court, no congress, no legislature, no combination in the country can add one word to it, or take one word from it. It is a thing in itself; complete in itself; has a character of its own; and it is important that this should be kept in mind as I go on with the discussion. It is a great national enactment done by the people, and can only be altered, amended, or changed in any way, shape, or form by the people who enacted it. I am careful to make this statement here; in America it would not be necessary. It would not be necessary here if my assailant had shown that he had as sincere and earnest a desire to set before you the simple truth, as he has shown to vindicate his particular sect in America. Again, it should be borne in mind that the mere text of that constitution - the text and only the text, and not any commentaries or creeds written upon the text - is the constitution of the United States. It should also be borne in mind that the intentions of those who framed the Constitution, be they good or bad, be they for slavery or against slavery, are so respected so far, and so far only, as they have succeeded in getting these intentions expressed in the written instrument itself. This is also important. It would be the wildest of absurdities, and would lead to the most endless confusions and mischiefs, if, instead of looking to the written instrument itself for its meaning, it were attempted to make us go in search of what could be the secret motives and dishonest intentions of some of the men who might have taken part in writing or adopting it. It was what they said that was adopted by the people; not what they were ashamed or afraid to say, or really omitted to say. It was not what they tried, nor what they concealed; it was what they wrote down, not what they kept back, that the people adopted. It was only what was declared upon its face that was adopted - not their secret understandings, if there were any such understandings. Bear in mind, also, and the fact is an important one, that the framers of the constitution, the men who wrote the constitution, sat with closed doors in the city of Philadelphia when they wrote it. They sat with closed doors, and this was done purposely, that nothing but the result, the pure result of their labours should be seen, and that that result might stand alone and be judged of on its own merits, and adopted on its own merits, without any influence being exerted upon them by the debates. It should also be borne in mind, and the fact is still more important, that the debates in the convention that framed the constitution of the United States, and by means of which a pro-slavery interpretation is now attempted to be forced upon that instrument, were not published until nearly 30 years after the constitution of the United States; so that the men who adopted the constitution could not be supposed to understand the secret underhand intentions that might have controlled the actions of the convention in making it. These debates were purposely kept out of view, in order that the people might not adopt the secret motives, the unexpressed intentions of anybody, but simply the text of the paper itself. These debates form no part of the original agreement, and, therefore, are entitled to no respect or consideration in discussing what is the character of the constitution of the United States. I repeat, the paper itself, and only the paper itself, with its own plainly written purposes, is the constitution of the United States. It must stand or fall, flourish or fade, on its own individual and self-declared purpose and object. Again, where would be the advantage of a written Constitution, I pray you, if, after we have it written, instead of looking to its plain, common sense reading, we should go in search of its meaning to the secret intentions of the individuals who may have had something to do with writing the paper? What will the people of America, a hundred years hence, care about the intentions of the men who framed the constitution of the United States? These men were for a day - for a generation, but the constitution is for ages; and, a hundred years hence, the very names of the men who took part in framing that instrument will, perhaps, be blotted out or forgotten. Whatever we may owe to the framers of the constitution, we certainly owe this to ourselves, and to mankind, and to God [:] that we maintain the truth of our own language, and to allow no villany, not even the villany of slave-holding — which, as John Wesley says, is the sum of all villanies — to clothe itself in the garb of virtuous language, and get itself passed off as a virtuous thing, in consequence of that language. We owe it to ourselves to compel the devil to wear his own garments; particularly in law we owe it to ourselves to compel wicked legislators, when they undertake a malignant purpose in innocent and benevolent language, we owe it to ourselves that we circumvent their wicked designs to this extent, that if they want to put it to a bad purpose, we will put it to a good purpose. Common sense, and common justice, and sound rules of interpretation all drive us to the words of the law for the meaning of the law. The practice of the Government is dwelt upon with much fervour and eloquence as conclusive as to the slaveholding character of the American constitution. This is really the strong point and the only strong point, made in the speech in the City Hall; but, good as this argument is, it is not conclusive. A wise man has said that few people are found better than their laws, but many have been found worse; and the American people are no exception to this rule. I think it will be found they are much worse than their laws, particularly their constitutional laws. It is just possible the people's practice may be diametrically opposed to their own declared, their own acknowledged laws, and their own acknowledged princples. Our blessed Saviour when upon earth found the traditions of men taking the place of the law and the prophets. The Jews asked him why his disciples ate with unwashed hands, and he brought them to their senses by telling them that they had made void the law by their traditions. Moses, on account of the hardness of the hearts of men, allowed the Jews to put away their wives; but it was not so at the beginning. The American people, likewise, have made void their law by their traditions; they have trampled upon their own constitution, stepped beyond the limits set for themselves, and, in their ever-abounding iniquity, established a constitution of action outside of the fundamental law of the land. While the one is good, the other is evil; while the one is for liberty, the other is in favour of slavery; the practice of the American government is one thing, and the character of the constitution of the government is quite another and different thing. After all, Mr. Chairman, the fact that my opponent thought it necessary to go outside of the constitution to prove it pro-slavery, whether that going out is to the practice of the government, or to the secret intentions of the writers of the paper itself, the fact that men do go out is very significant. It is an admission that the thing they look for is not to be found where only it ought to be found if found at all, and that is, in the written constitution itself. If it is not there, it is nothing to the purpose if it is found any where else; but I shall have more to say on this point hereafter. The very eloquent lecturer at the City Hall doubtless felt some embarrassment from the fact that he had literally to give the constitution a pro-slavery interpretation; because on its very face it conveys an entirely opposite meaning. He thus sums up what he calls the slaveholding provisions of the constitution, and I quote his words:- Article 1, section 9, provides for the continuance of the African slave-trade for twenty years after the adoption of the constitution. Article 4, section 2, provides for the recovery from the other States of fugitive slaves. Article 1, section 2, gives the slave States a representation of three-fifths of all the slave population; and Article 1, section 8, requires the President to use the military, naval, ordnance, and militia resources of the entire country for the suppression of slave insurrections, in the same manner as he would employ them to repel invasion. Now, Mr. President, and ladies and gentlemen, any man reading this statement, or hearing it made with such a show of exactness, would unquestionably suppose that he speaker or writer had given the plain written text of the Constitution itself. I can hardly believe that that gentleman intended to make any such impression on his audience, and yet what are we to make of it, this circumstantial statement of the provisions of the constitution? How can we regard it? How can he be screened from the charge of having perpetrated a deliberate and point-blank misrepresentation? That individual has seen fit to place himself before the public as my opponent. Well, ladies and gentlemen, if he had placed himself before the country as an enemy, I could not have desired him - even an enemy - to have placed himself in a position so false, and to have committed himself to statements so grossly at variance with the truth as those statements I have just read from him. Why then did he read the constitution to you? Why did he read that which was not the constitution - for I contend he did read that which was not the constitution. He pretended to be giving you chapter and verse, section and clause, paragraph and provision, and yet he did not give you a single clause or single paragraph of that constitution. You can hardly believe it, but I will make good what I say, that, though reading to you article upon article, as you supposed while listening to him, he did not read a word from the constitution of the United States; not one word. You had better not applaud until you hear the other side and what are the real words of the constitution. He can read; he had the constitution before him; he had there chapter and verse, the places where those things he alleged to be found in the constitution were to be found. Why did he not read them? Oh, Sir, I fear that the gentleman knows too well why he did not. I happen to know that there are no such words as “African slave-trade,” no such words as “slave-representation," no such words as "fugitive slaves," no such wards as "slave insurrections,” anywhere to be found in that constitution. You can hardly think a man would stand up before an audience of people in Glasgow, and make a statement so circumstantial, with every mark of particularity, to point out to be in the constitution what is not there. You shall see a slight difference in my manner of treating that subject and that which my opponent has thought fit, for reasons satisfactory to himself, to pursue. What he withheld, that I will spread before you; what he suppressed, I will bring to light; and what he passed over in silence, I will proclaim. Here then are several provisions of the constitution to which reference has been made. I read them word for word, just as they stand in the paper, in the constitution itself. Article 1, section 2. declares that representations [representatives] and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. Article 1, section 9.- The migration or importation of such persons as any of the States now existing may think fit to admit shall not be prohibited by the Congress prior to the year 1808, but a tax or duty may be imposed on such importation not exceeding tend dollars for each person. Article 4, section 2.- No person held to service or labour in one State under the laws thereof escaping into another shall, in consequence of any law or regulation therein, be discharged from service or labour, but shall be delivered up on claim of the party to whom such service or labour may be due. Article 1, section 8.- To provide for calling for the militia to execute the laws of the Union, suppress insurrections, and repel invasions. Here then are the provisions of the constitution which the most extravagant defenders of slavery have ever claimed to guarantee the right of property in man. These are the provisions which have been pressed into the service of the human fleshmongers of America; let us look at them just as they stand, one by one. You will notice there is not a word said there about "slave-trade" not a word said there about "slave insurrections;" not a word there about "three-fifths representation of slaves;" not a word there which any man outside of America, and who had not been accustomed to claim these particular provisions of the Constitution, would ever suspect had the remotest reference to slavery. I deny utterly that these provisions of the constitution guarantee, or were intended to guarantee, in any shape or form, the right of property in man in the United States. But let us grant, for the sake of argument, that the first of these provisions, referring to the basis of representation and taxation, does refer to slaves. We are not compelled to make this admission, for it might fairly apply, and indeed was intended to apply, to aliens and others, persons living in the United States, but who were not naturalized. But giving the provision the very worse construction - that it applies to slaves - what does it amount to? I answer — and see you bear it in mind, for it shows the disposition of the constitution to slavery - I take the very worst aspect, and admit all that is claimed or that can be admitted consistently with truth; and I answer that this very provision, supposing it refers to slaves, is in itself a downright disability imposed upon the slave system of America, one which deprives the slaveholding States of at least two-fifths of their natural basis of representation. A black man in a free State is worth just two-fifths more than a black man in a slave State, as a basis of political power under the constitution. Therefore, instead of encouraging slavery, the constitution encourages freedom, by holding out to every slaveholding state the inducement of an increase of two-fifths of political power by becoming a free State. So much for the three-fifths clause; taking it at is worst, it still leans to freedom, not slavery; for, be it remembered that the constitution nowhere forbids a black man to vote. No "white," no "black," no "slaves," no "slaveholder" - nowhere in the instrument are any of these words to be found. I come to the next, that which it is said guarantees the continuance of the African slave-trade for twenty years. I will also take that for just what my opponent alleges it to have been, although the constitution does not warrant any such conclusion. But, to be liberal, let us suppose it did, and what follows? Why, this — that this part of the constitution of the United states expired no fewer than fifty-two years ago. My opponent is just fifty-two years too late in seeking the dissolution of the Union on account of this clause, for it expired as far back as 1808. He might as well attempt to break down the British Parliament and break down the British constitution, because, three hundred years ago, Queen Elizabeth granted to Sir John Hawkins the right to import Africans into the West Indies. This ended some three hundred years ago; our ended only fifty-two years ago, and I ask is the constitution of the United States to be condemned to everlasting infamy because of what was done fifty-two years ago? But there is still more to be said about this provision of the constitution. At the time the constitution was adopted, the slave trade was regarded as the jugular vein of slavery itself, and it was thought that slavery would die with the death of the slave trade. No less philanthropic, no less clear-sighted men than your own Wilberforce and Clarkson supposed that the abolition of the slave-trade would be the abolition of slavery. Their theory was - cut off the stream, and of course the pond or lake will dry up: cut off the stream flowing out from Africa, and the slave-trade in America and the colonies would perish. The fathers who framed the American constitution supposed that in making provision for the abolition of the African slave-trade they were making provision for the abolition of slavery itself, and they incorporated this clause in the constitution, not to perpetuate the traffic in human flesh, but to bring that unnatural traffic to an end. Outside of the Union the slave-trade could be carried on to an indefinite period; but the men who framed the constitution, and who proposed its adoption, said to the slave States,- if you would purchase the privileges of this Union, you must consent that the humanity of this nation shall lay its hand upon this traffic at least in twenty years after the adoption of the constitution. So much for the African slave-trade clause. Mark you, it does not say one word about the African slave-trade. Secondly, if it does, it expired by its own limitation more than fifty years ago. Thirdly, the constitution is anti-slavery, because it looked to the abolition of slavery rather than to its perpetuity. Fourthly, it showed that the intentions of the framers of the constitution were good, not bad. If you can't get a man to take the pledge that he will stop drinking liquor to-day, it is something if you will get him to promise to take it tomorrow; and if the men who made the American constitution did not bring the African slave-trade to an end instantly, it was something to succeed in bringing it to an end in twenty years. I now go to the “slave insurrection” clause, though, in truth, there is no such clause in the constitution. But, suppose that this clause in the constitution refers to the abolition or rather the suppression of slave insurrections; suppose we admit that congress has a right to call out the army and navy to quell insurrections, and to repel any efforts on the part of the slaves to gain their freedom - to put down violence of any sort, and slave violence in particular - what follows? I hold that the right to suppress an insurrection carries with it also the right to determine by what means the insurrection shall be suppressed; and, under an anti-slavery administration, were your humble servant in the presidential chair of the United States, which in all likelihood never will be the case, and were an insurrection to break out in the southern states among the slave inhabitants, what would I do in the circumstances? I would suppress the insurrection, and I should choose my own way of suppressing it; I should have the right, under the constitution, to my own manner of doing it. If I could make out, as I believe I could, that slavery is itself an insurrection - that it is an insurrection by one party in the country against the just rights of another part of the people in the country, a constant invitation to insurrection, a constant source of danger - as the executive officer of the United States it would be my duty not only to put down the insurrection, but to put down the cause of the insurrection. I would have no hessitation at all in supporting the constitution of the United States in consequence of its provisions. The constitution should be obeyed, should be rightly obeyed. We should say to the slaves, and we should say to their masters, "We see that a forced system of labour endangers the peace that we are sworn to protect, and we now put it away, and leave you to pay honest wages for honest work." In a word, with regard to putting down insurrection, I would just write a proclamation, and the proclamation would be based upon the old prophetic model of proclaiming liberty throughout all the land, to all the inhabitants therof. But there is one other provision, called the “Fugitive Slave Provision.” It is called so by those who wish it to subserve the interest of slavery. "Let us go back," says the City Hall, "to 1787, and enter Liberty Hall, Philadelphia, where sat in convention the illustrious men" - very illustrious! if the were the scamps and scoundrels he would make them out to be- "who framed the Constitution — with George Washington in the chair. On the 27th of September, Mr. Butler and Mr. Pinckney, two delegates from the State of South Carolina, moved that the Constitution should require that fugitive slaves and servants should be delivered up like criminals, and after a discussion on the subject, the clause as it stands in the constitution was adopted. After this, in the conventions held in the several States to ratify the constitution, the same meaning was attached to the words. For example, Mr. Madison (afterwards President), in recommending the constitution to his constituents, told them that the clause would secure them their property in slaves.” I must ask you to look well to this statement. Upon its face it would seem to be a full and fair disclosure of the real transaction it professes to describe; and yet I declare unto you, knowing as I do the facts in the case, that I am utterly amazed, utterly amazed at the downright UNTRUTH which that very simple, plain statement really conveys to you about the transaction. I dislike to use this very strong language, but you shall see that the case is quite as strong as the language employed. Under these fair-seeming words now quoted, I say there is downright untruth conveyed. The man who could make such a statement may have all the craftiness of a lawyer, but I think he will get but very little credit for the candour of a Christian. What could more completely destroy all confidence than the making of such a statement as that? The case which he describes is entirely different from the real case as transacted at the time. Mr Butler and Mr. Pinckney did indeed bring forward a proposition after the convention had framed the constitution, a proposition for the return of fugitive slaves to their masters precisely as criminals are returned. And what happened? Mr. Thompson-Oh! I beg pardon for calling his name - tells you that after a debate it was withdrawn, and the proposition as it stands in the constitution was adopted. He does not tell you what was the nature of the debate. Not one word of it. No; it would not have suited his purpose to have done that. It would have been against his side of the question to have done that. I will tell you what was the purport of that debate. After debate and discussion the provision as it stands was adopted. The purport of the provisions as brought forward by Mr. Butler and Mr. Pinckney was this: "No person called to servitude in any state under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service and labour, but shall be delivered up on claim, and passed to whom such service or labour may be due." Very well, what happened? The proposition was met by a storm of opposition in the convention: members rose up in all directions, saying that they had no more business to catch slaves for their masters than they had to catch horses for their owners - that they would not undertake any such thing, and the convention instructed a committee to alter that provision and the word "servitude," so that it might apply NOT to slaves, but to free-men — to persons bound to serve and labour, and not to slaves. And thus far it seems that Mr. Madison, who was quoted so triumphantly, tells us in these very Madison Papers that the word was struck out from the constitution, because it applied to slaves and not to freemen, and that the convention refused to have that word in the constitution, simply because they did not wish, and would not have the idea that there could be property in men in that instrument. These are Madison's own words, so that he can be quoted on both sides. But it may be asked, if this clause does not apply to slaves, to whom does it apply? It says— "No person serving and labouring escaping to another State shall be discharged from such service or labour, but shall be delivered up to whom such service or labour may be due." To whom does it apply if not to slaves? I answer that it applied at the time of its adoption to a very numerous class of persons in America; and I have the authority of no less a person than Daniel Webster that it was intended to apply to that class of men — a class of persons known in America as "Redemptioners." There was quite a number of them at that day, who had been taken to America precisely as coolies have been taken to the West Indies. They entered into a contract to serve and labour so long for so much money, and the children born to them in that condition were also held as bound to “serve and labour”. It also applies to indentured apprentices, and to persons taking upon themselves an obligation to “serve and labour.” The constitution says that the party shall be delivered up to whom such service and labour may be due. Why, sir, due! In the first place this very clause of that provision makes it utterly impossible that it can apply to slaves. There is nothing due from the slave to his master in the way of service or labour. He is unable to show a contract. The thing implies an arrangement, an understanding, by which, for an equivalent, I will do for you so much, if you will do for me, or have done for me, so much. The constitution says he will be delivered up to whom any service or labour shall be due. Due! A slave owes nothing to any master; he can owe nothing to any master. In the eye of the law he is a chattel personal, to all intents, purposes, and constructions whatever. Talk of a horse owing something to his master, or a sheep, or a wheel-barrow! Perfectly ridiculous! The idea that a slave can owe anything! I tell you what I would do if I were a judge; I could do it perfectly consistently with the character of the constitution. I have a proneness to liken myself to great people - to persons high in authority. But if I were a judge, and a slave was brought before me under this provision of the constitution, and the master should insist upon my sending him back to slavery, I should inquire how the slave was bound to serve and labour for him. I would point him to this same constitution, and tell him that I read in that constitution the great words of your own Magna Charta:- "No person shall be deprived of life, liberty, or property without the process of law," and I ought to know by what contract, how this man contracted an obligation, or took upon himself to serve and labour for you. And if he could not show that, I should dismiss the case and restore the man to his liberty. And I would do quite right, according to the constitution. I admit nothing in favour of slavery when liberty is at stake; when I am called upon to argue on behalf of liberty I will range throughout the world, I am at perfect liberty by forms of law and by rules of hermeneutics to range through the whole universe of God in proof of an innocent purpose, in proof of a good thing; but if you want to prove a bad thing, if you want to accomplish a bad and violent purpose, you must show it is so named in the bond. This is a sound legal rule. Shakespeare noticed it as an existing rule of law in his Merchant of Venice: "a pound of flesh, but not one drop of blood." The law was made for the protection of labour; not for the destruction of liberty; and it is to be presumed on the side of the oppressed. The speaker at the City Hall laid down some rules of legal interpretation. These rules send us to the history of the law for its meaning. I have no objection to this course in ordinary cases of doubt, but where human liberty and justice are at stake, the case falls under an entirely different class of rules. There must be something more than history, something more than tradition, to lead me to believe that law is intended to uphold and maintain wrong. The Supreme Court of the United States lays down this rule, and it meets the case exactly: “Where rights are infringed; where the fundamental principles of the law are overthrown; where the general system of the law is departed from, the legislative intention must be expressed with irresistible clearness.” The same court says that the language of the law must be construed strictly in favour of justice and liberty; and another rule says, where the law is ambiguous and susceptible of two meanings, the one making it accomplish an innocent purpose, and the other making it accomplish a wicked purpose, we must in every case adopt that meaning which makes it accomplish an innocent purpose. These are just the rules we like to have applied to us as individuals to begin with. We like to be assumed to be honest and upright in our purpose until we are proved to be otherwise, and the law is to be taken precisely in the same way. We are to assume it is fair, right, just, and true, till proved with irresistible power to be on the side of wrong. Now, sir, a case like this occurred in Rhode Island some time ago. The people there made a law that no negro should be allowed to walk out after nine o'clock at night without a lantern. They were afraid the negro might be mistaken for somebody. The negroes got lanterns and walked after nine at night, but they forgot to put candles in them. They were arrested and brought before a court of law. They had been found after nine at night, it had been proved against them that they were out with lanterns to be sure, but without a candle. "may it please your honour," it was argued for the prosecution, "of what value is a lantern without a candle? The plain intention of the law was that these people should not be out without a lantern and a candle." But the judge said this was a law against the natural rights of man, against natural liberty, and that this law should be construed strictly. These men had complied with the plain reading of the law, and they must be dismissed. The judge in that case did perfectly right. The legislature had to pass another law, that no negro should be out after nine without a lantern and a candle in it. The negroes got candles, but forgot to light them. They were arrested again, again tried, and with a similar result. There was then another law passed, that the negroes should not walk out after nine at night without lanterns with candles in them, and the candles lighted. Had if I had been a negro at that time in Rhode Island, I would have got a dark lantern and walked out. Laws to sustain a wrong of any kind must be expressed with irresistible clearness; for law, be it remembered, is not an arbitrary rule or arbitrary mandate, and it has a purpose of its own. Blackstone defines it as "a rule of the supreme power of the State;" but he does not stop there - he adds, "commanding that which is right, and forbidding that which is wrong" - that is law. It would not be law if it commanded that which was wrong, and forbade that which was right in itself. It is necessary it should be on behalf of right. There is another law of legal interpretation, which is, that the law is to be understood in the light of the objects sought for by the law, or sought in the law - that is, that the details of the law shall conform to the purpose declared to be sought to be attained by it. What are the objects sought for in the constitution of the American States? "We, the people of these United States, in order to form a more perfect union, establish justice, ensure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America." The objects here set forth are six in number. "Union" is one, not slavery; union is named as one of the objects for which the constitution was framed, and it is one that is very excellent; it is quite incompatible with slavery. "defence" is another; "welfare" is another; "tranquility" is another; "justice" and "liberty" are the others. Slavery is not among them; the objects are union, defence, welfare, tranquillity, justice, and liberty. Now if the two last - to say nothing of the defence - if the two last purposes declared were reduced to practice, slavery would go reeling to its grave as if smitten with a bolt from heaven. Let but the American people be true to their own constitution, true to the purposes set forth in that constitution, and we will have no need of a dissolution of the Union - We will have a dissolution of slavery all over that country. But it has been said that negroes are not included within the benefits sought under this declaration of purposes. Whatever slaveholders may say, I think it comes with ill grace from abolitionists to say the negroes in America are not included in this declaration of purposes. The negroes are not included! Who says this? The constitution does not say they are not included, and how dare any other person, speaking for the constitution, say so? The constitution says "We the people;" the language is "we the people;" not we the white people, not we the citizens, not we the privileged class, not we the high, not we the low, not we of English extraction, not we of French or of Scotch extraction, but "we the people;" not we the horses, sheep and swine, and wheelbarrows, but we the human inhabitants; and unless you deny that negroes are people, they are included within the purposes of this government. They were here, and if we the people are included, negroes are included; they have a right, in the name of the constitution of the United States, to demand their liberty. This, I undertake to say, is the conclusion of the whole matter - that the constitutionality of slavery can be made out only by discrediting the plain, common sense reading of the constitution itself; by discrediting and casting away as worthless the most beneficent rules of legal interpretation; by ruling the negro outside of these beneficent rules; by claiming every thing for slavery; by denying every thing for freedom; by assuming that the constitution does not mean what it says; and that it says what it does not mean; by disregarding the written constitution, and interpreting it in the light of a secret understanding. It is by this mean, contemptible, underhand way of working out the pro-slavery character of the constitution that the thing is accomplished, and in no other way. The first utterance of the instrument itself is gloriously on the side of liberty, and diametrically opposed to the thing called slavery in the United States. The constitution declares that no person shall be deprived of live, liberty, or property without due process of law; it secures to every man the right of trial by jury; it also declares that the writ of habeas corpus shall never be suppressed - that great and noble writ - that writ by which England was made free soil - that writ which set Somerset free in 1772 - that writ which made that land in which I stand tonight, and where you stand, the land of liberty and the home of the oppressed of all nations - the land of which Curran said when he spoke of it, that he spoke "in the spirit of the British law, which makes liberty commensurate with, and inseparable from, British soil; which proclaims even to the stranger and sojourner, the moment he sets his foot upon British earth, that the ground on which he treads is holy, and consecrated by the genius of universal emancipation." It was in consequence of this writ - a writ which forms a part of the United States - that England herself is free from man-hunters to-day; for in 1772 slaves were hunted here in England just as they are in America, and the British constitution was supposed to favour the arrest, the imprisonment, and re-capture of fugitive slaves. But Lord Mansfield, in the case of Somerset, decided that no slave could breathe in England. We have the same writ, and let the people in Britain and the United States stand as true to liberty as the constitution is true to liberty, and we shall have no need of a dissolution of the Union. But to all this it is said that the practice of the American people is against my view. I admit it. They have given the Constitution a slaveholding interpretation. I admit it. And I go with him who goes furthest in denouncing thes wrongs, these outrages to my people. But to be consistent in his logic, where does it lead? Because the practice of the American people has been wrong, shall we therefore denounce the constitution? The same logic would land the man of the City Hall precisely where the same logic has landed some of his friends in America - in the dark, benighted regions of infidelity itself. The constitution is pro-slavery because men have interpreted it to be pro-slavery, and practice upon it as if it were pro-slavery. The very same thing, sir, might be said of the Bible itself; for in the United States men have interpreted the Bible against liberty. They have declared that Paul's epistle to Philemon is a full proof for the enactment of that hell-black Fugitive Slave Bill which has desolated my people for the last ten years in that country. They have declared that the Bible sanctions slavery. What do we do in such a case? What do you do when you are told by the slaveholders of America that the Bible sanctions slavery? Do you go and throw your Bible into the fire? Do you sing out, "No Union with the Bible!"? Do you declare that a thing is bad because it has been misused, abused, and made a bad use of? Do you throw it away on that account! No! You press it to your bosom all the more closely; you read it all the more diligently; you prove from its pages that it is on the side of liberty - and not on the side of slavery. So let us do so with the constitution of the United States. But this logic would carry the orator of the City Hall a step or two further; it would lead him to break down the British constitution. I believe he is not only a Protestant, but he is a Dissenter; and if he is opposed to the American constitution because certain evils exist therein, could he well oppose all the other constitutions? But I must beg pardon for detaining you so long - I must bring my remarks speedily to a close. Let me make a statement. It was said to you that the Southern States had increased from 5 up to 15. What is the fact with reference to this matter? Why, my friends, the slave States in America have increased just from 12 up to 15. But the other statement was not told you. It is this: the Free States have increased from 1 up to 18. That fact was not told. No; I suppose it was expected I would come back and tell you all the truth. It takes two men to tell the truth any way. The dissolution of the Union, remember, that was clamoured for that night, would not give the Northern states one single advantage over slavery that it does not now possess. Within the Union we have a firm basis of opposition to slavery. It is opposed to all the great objects of the constitution. The dissolution of the Union is not only an unwise but a cowardly proposition. Dissolve the Union! For what? Tear down the house in an instant because a few slates have been blown off the roof? There are 350,000 slaveholders in America, and 26 millions of free white people. Must these 26 millions of people break up their government, dissolve their Union, burn up their constitution - for what? to get rid of the responsibility of holding slaves? But can they get rid of responsibility by that? Alas no! The recreant husband my desert the family hearth, may leave his starving children, and you may place oceans, islands, and continents between him and his; but the responsibility, the gnawing of a guilty conscience must follow him wherever he goes. If a man were on board of a pirate ship, and in company with others had robbed and plundered, his whole duty would not be performed simply by taking to the long boat and singing out, "No union with pirates!" His duty would be to restore the stolen property. The American people in the Northern States have helped to enslave the black people. Their duty will not have been done till they give them back their plundered rights. They cannot get rid of their responsibility by dissolving the union; they must put down the evil, abolish the wrong. The abolition of slavery, not the dissolution of the Union, is the only way in which they can get rid of the responsibility. "No union with slaveholding" is an excellent sentiment as showing hostility to slavery, but what is union with slavery? Is it living under the same sky, walking on the same earth, riding on the same railway, taking dinner on board of the same steamboat with the slaveholder? No: I can be in all these relations to the slaveholder, but yet heaven-high above him, as wide from him as the poles of the moral universe. "No union with slaveholding" is a much better phrase than that adopted by those who insist that they in America are the only friends of the slave who wish to destroy the Union. Reference was made at the City Hall to my having once held other views and different views from those I now entertain. An old speech of mine, delivered some fourteen years ago in London, was rendered with skill and effect. I don't know what it was brought up for. Perhaps it was brought forward to show that I am not infallible, not like his reference - of Rome. If that was the object, I can relieve the friends of that gentleman entirely, by telling them that I never made any pretensions of infallibility. Although I cannot accuse myself of being remarkably unstable, I cannot pretend that I have never altered my opinion both in respect to men and things. Indeed I have been very much modified both in feeling and opinion within the last fourteen years, and he would be a queer man who could have lived fourteen years without having his opinions and feelings considerably modified by experience in that length of time. When I escaped from slavery, twenty-two years ago, the world was all new to me, and if I had been in a hogshead with the bung in, I could not have been much more ignorant of many things than I was then. I came out running. All I knew was that I had two elbows and a good appetite, and that I was a human being - a sort of nondescript creature, but still struggling for life. The first I met were the Garrisonian abolitionists of Massachusetts. They had their views, opinions, platform, and eloquence, and were earnestly labouring for the abolition of slavery. They were my friends, the friends of my people, and nothing was more natural than that I should receive as gospel all they told me. "When I was a child, I spake as a child, I understood as a child, I thought as a child; but when I became a man" - that is, after I went over to Great Britain and came back again - I undertook the herculean task, without a day's schooling, to edit and publish a paper - to unite myself to the literary profession. I could hardly spell two words correctly; still, I thought I could "join" as we say, and when I had to write three or four columns a week, it became necessary to re-examine some of the opinions I had formed in my baby days; and when I came to examine for myself my opinions were greatly modified, and I had the temerity to state to the parties from whom I received them my change of opinions; and from that day to this - whether in the east or the west, in or out of America, in Ireland, Scotland, or England - I have been pursued and persecuted by that class of persons on account of my change of opinions. But I am quite well satisfied, very well satisfied with my position. Now, what do I propose? What do you propose? What do we sensible folks propose? - for we are sensible. The slaveholders have ruled the American government for the last fifty years; let the anti-slavery party rule the nation for the next fifty years. And, by the way, that thing is on the verge of being accomplished. The slaveholders, above all things else, dread the rule of the anti-slavery party that are now coming into power. To dissolve the Union would be to do just what the slaveholders would like to have done. Slavery is essentially a dark system; all it wants is to be excluded and shut out from the light. If it can only be boxed in where there is not a single breath to fall upon it, nor a single word to assail it, then it can grope in its own congenial darkness, oppressing human hearts and crushing human happiness. But it dreads the influence of truth; it dreads the influence of Congress. It knows full well that when the moral sentiment of the nation shall demand the abolition of slavery, there is nothing in the constitution of the United States to prevent that abolition. Well, now, what do we want? We want this:- wheras slavery has ruled the land, now must liberty; wheras pro-slavery men have sat in the Supreme Court of the United States, and given the constitution a pro-slavery interpretation against its plain reading, let us by our votes put men into that Supreme Court who will decide, and who will concede, that that constitution is not [pro-]slavery. What do you do when you want reform or change? Do you break up your government? By no means. You say:- "Reform the government;" and that is just what the abolitionists who wish for liberty in the United States propose. They propose that the intelligence, the humanity, the Christian principle, the true manliness which they feel in their hearts, shall flow out from their hearts through their fingers into the ballot-box, and that into that ballot-box it shall go for such men as shall represent the Christian principle and Christian intelligence in the United States; and that congress shall crystallise those sentiments into law, and that law shall be in favour of freedom. And that is the way we hope to accomplish the abolition of slavery. Since these questions are put here, it is a bounden duty to listen to arguments of this sort; and I know that the intelligent men and women here will be glad to have this full exposee of the whole question. I thank you very sincerely for the patient attention you have given me. Source: https://en.wikisource.org/wiki/The_American_Constitution_and_the_Slave
- South Carolina's Ordinance of Secession
December 20, 1860 AN ORDINANCE To dissolve the Union between the State of South Carolina and other States united with her under the compact entitled “The Constitution of the United States of America.” We, the People of the State of South Carolina, in Convention assembled, do declare and ordain, and it is hereby declared and ordained, That the Ordinance adopted by us in Convention, on the twenty-third day of May, in the year of our Lord one thousand seven hundred and eighty-eight, whereby the Constitution of the United States of America was ratified, and also, all Acts and parts of Acts of the General Assembly of this State, ratifying amendments of the said Constitution, are hereby repealed; and that the union now subsisting between South Carolina and other States, under the name of “The United States of America,” is hereby dissolved. D. F. JAMISON, Del. from Barnwell, and Pres’t Convention. Thos. Chiles Perrin, Edw. Noble, J. H. Wilson, Thos. Thomson, David Lewis Wardlaw, Jno. Alfred Calhoun, John Izard Middleton, Benjamin E. Sessions, J. N. Whitner, James L. Orr, J. P. Reed, R. F. Simpson, Benjamin Franklin Mauldin, Lewis Malone Ayer, Jr., W. Peronneau Finley, J. J. Brabham, Benj. W. Lawton, Jno. McKee, Thomas W. Moore, Richard Woods, A. Q. Dunovant, John A. Inglis, Henry McIver, Stephen Jackson, W. Pinckney Shingler, Peter P. Bonneau, John P. Richardson, John L. Manning, John J. Ingram, Edgar W. Charles, Julius A. Dargan, Isaac D. Wilson, John M. Timmons, Francis Hugh Wardlaw, R. G. M. Dunovant, James Parsons Carroll, Wm. Gregg, Andrew J. Hammond, James Tompkins, James C. Smyly, John Hugh Means, William Strother Lyles, Henry Campbell Davis, Jno. Buchanan, James C. Furman, P. E. Duncan, W. K. Easley, James Harrison, W. H. Campbell, T. J. Withers, James Chesnut, Jr., Joseph Brevard Kershaw, Thos. W. Beaty, Wm. J. Ellis, R. L. Crawford, W. C. Cauthen, D. P. Robinson, H. C. Young, H. W. Garlington, John D. Williams, W. D. Watts, Thos. Wier, H. I. Caughman, John C. Geiger, Paul Quattlebaum, W. B. Rowell, Chesley D. Evans, Wm. W. Harllee, A. W. Bethea, E. W. Goodwin, William D. Johnson, Alex. McLeod, John P. Kinard, Robert Moorman, Joseph Caldwell, Simeon Fair, Thomas Worth Glover, Lawrence M. Keitt, Donald Rowe Barton, Wm. Hunter, Andrew F. Lewis, Robt. A. Thompson, William S. Grisham, John Maxwell, Jno. E. Frampton, W. Ferguson Hutson, W. F. De Saussure, William Hopkins, James H. Adams, Maxcy Gregg, John H. Kinsler, Ephraim M. Clarke, Alex. H. Brown, E. S. P. Bellinger, Merrick E. Carn, E. R. Henderson, Peter Stokes, Daniel Flud, David C. Appleby, R. W. Barnwell, Jos. Dan’l Pope, C. P. Brown, John M. Shingler, Daniel Du Pre, A. Mazyck, William Cain, P. G. Snowden, Geo. W. Seabrook, John Jenkins, R. J. Davant, E. M. Seabrook, John J. Wannamaker, Elias B. Scott, Joseph E. Jenkins, Langdon Cheves, George Rhodes, A. G. Magrath, Wm. Porcher Miles, John Townsend, Robert N. Gourdin, H. W. Conner, Theodore D. Wagner, R. Barnwell Rhett, C. G. Memminger, Gabriel Manigault, John Julius Pringle Smith, Isaac W. Hayne, Jno. H. Honour, Rich’d De Treville, Thos. M. Hanckel, A. W. Burnett, Thos. Y. Simons, L. W. Spratt, Williams Middleton, F. D. Richardson, B. H. Rutledge, Edward McCrady, Francis J. Porcher, T. L. Gourdin, John S. Palmer, John L. Nowell, John S. O’Hear, John G. Landrum, B. B. Foster, Benjamin F. Kilgore, Jas. H. Carlisle, Simpson Bobo, Wm. Curtis, H. D. Green, Matthew P. Mayes, Thomas Reese English, Sr. Albertus Chambers Spain, J. M. Gadberry, J. S. Sims, Wm. H. Gist, James Jefferies, Anthony W. Dozier, John G. Pressley, R. C. Logan, Francis S. Parker, Benj. Faneuil Dunkin, Samuel Taylor Atkinson, Alex. M. Forster, Wm. Blackburn Wilson, Robert T. Allison, Samuel Rainey, A. Baxter Springs, A. I. Barron, A. T. Darby. Attest: BENJ. F. ARTHUR, Clerk of the Convention.
- Trump's "Liberation Day" Speech and Tariffs
Trump's "Liberation Day" Speech and Tariffs
- Glorious News of the Repeal of the Stamp Act!
Source: https://www.loc.gov/resource/rbpe.00301900/?sp=1&st=image






