4? °0^ 'o.x"» \V V^. .fV «5 ^ ■ ^ ,./ if \ lV V ^ V ^r ^ ^ •*. VIEW OF THE ACTION OF THE FEDERAL GOVERNMENT. BEHALF OF SLAVERY. BY WTLLIAM JAY. " Wc, the People of the United States, do ordain and establish this Constitution." — Federal Constitution, NEW-YORK: PUBLISHED BY J. S. TAYLOR. 1839. Entered according to the Act of Congress, in the year 1839. by WILLIAM JAY, in the Clerk's Office of the District Court of the United States, for the Southern District of New York. G. F, Hopkins, Printer, 2, Ann street. Cf CONTENTS. PAGE Introduction. — Constitutional provisions in behalf of slavery — Influence of slavery, co- extensive with the Union, . . . 12 Federal ratio of representation — Its op- eration — Caused unfair distribution of the Surplus Revenue — Source of political in- fluence, 15 Intimidation — Used as a source of influ- ence — Examples, . . . . 19 Obsequiousness of Presidential Candi- dates — Examples, . . . .21 Efforts of the Federal Government to oppress and degrade the free peofle of colour — Naturalization law — Militia law — Post-0 Mice law — Deprived of the rights of suffrage, and rendered ineligible to office in the city of Washington by act of Congress — Oppressive ordinances of the Corporation of Washington, . . 23 IV CONTENTS. PAGE Slavery under the authority of the Fed- eral Government — Power of Congress over the national territories — Slavery au- thorized by act of Congress — Barbarity of the slave code of the District of Colum- bia, 27 Interference of the Federal Government for the recovery of fugitive slaves Constitutional provision — Act of Congress respecting fugitives ; unconstitutional and oppressive — Law in the District of Co- lumbia — Despotic power of the Marshal — His interest to sell free men — Particu- lars of the sale of persons not known to be slaves — Practice in Maryland and the Dis- trict of Columbia contrasted, . . 29 Negotiations with Great Britain and Mexico for the surrender of fugitive slaves — Extracts from official documents, 47 Invasion of Florida, and destruction of fugitive slaves — Official despatches, . 50 Compensation for fugitive slaves obtained from Great Britain — Instructions to mi- nisters appointed to treat of peace — Trea- ty of Ghent — Proceedings in the Chesa- peake — Proceedings at Bermuda — Nego- CONTENTS. v PAGE tiations in London — Award of the Empe- ror of Russia — Payment by Great Britain, 53 Attempt to obtain compensation for ship- wrecked slaves — Cargoes of three Ame- rican slavers rescued in the West Indies — Demands upon the British Government — Mr. Stevenson's letter — Extraordinary resolution of the Senate, ... 58 The American slave trade — Its cause — Land coffles — Many of the victims white men and women — The trade of Maryland — In Virginia — In the District of Colum- bia — The trade licensed by the City of Washington — Constitutional power of Con- gress to abolish the trade — Act of Con- gress regulating the trade, . . .63 Duplicity of the Federal Government in regard to the suppression of the afri- CAN trade — The trade permitted by the constitution for twenty years, on the de- mand of the South — Testimony of Mr. Madison — Opposite interests of the breed- ing and the planting States — Illegal con- tinuance of the trade — Testimony of mem- bers of Congress — Testimony of Judge Story — Official testimony -Collusive bonds VI CONTENTS. PAGE taken from traders — Sale of imported Af- ricans — Impunity of traders — Agitation in Congress about the trade, connected with Colonization — New law respecting the trade — Use made of it to promote Co- lonization — Act making the trade pira- cy — Demand made by Great Britain for the fulfilment of the pledge in the Trea- ty of Ghent respecting the abolition of the trade — How evaded — Condition exact- ed — Treaty proposed — Assent of Great Britain to the proposed condition and trea- ty — Bad faith of the Senate towards Great Britain and Mexico — Final decision of the Government against any combined effort to abolish the trade — Avowals in the Senate, 91 Interference of the Government to pre- vent THE ABOLITION OF SLAVERY IN CuBA — Instructions to ministers to the Panama Congress — Negotiation with Russia — Ne- gotiation with Spain — Speeches in Con- gress, 120 Hostility of the Government to Hayti — Summary history of Hayti — Act of Con- gress prohibiting intercourse with Hayti — CONTENTS. VH PAGE Instructions to ministers to the Panama Congress — Speeches in Congress — Ac- tion in Congress, on a proposition to ac- knowledge the Republic of Hayti — Pres- ent condition of Hayti — Extent of Ameri- can commerce with Hayti, . . .127 Conduct of the Government towards Texas — Attempt to purchase Texas — Origin of the rebellion — Aid afforded the insurgents from the United States — Con- nivance of the Government — Attempt to bring about war with Mexico — Manage- ment to effect the recognition of Texas — The conduct of the Government towards Hayti and Texas contrasted — Effort to annex Texas to the United States — Con- duct of the Government towards the rebels in Texas and Canada, contrasted, . .144 Attempt to establish a censorship of the press — Proceedings in Charleston — Let- ter of Post-Master General — President's Message — Alabama indictment — Bill in- troduced into the Senate — Proceedings on it, 161 Violations of the right of petition and freedom of debate — Course pursued in Vlll CONTENTS. PAGE the Senate — In the House of Represen- tatives, . . , . . . 170 Recapitulation of the action of the Fed- eral Government, . . . .177 Responsibility of the free States — Inti- mate connexion between the North and the South — Power of the North in the General Government, . . . 180 Probable influence of the Anti-slavery agita- tion on the permanency of the Union — Rights of the South — Consequences of violating them — Consequences of separa- tion — Conclusion, , 183 VIEW,&c Our Fathers in forming the Federal Constitution entered into a guilty compromise on the subject of Slavery, and heavily is their sin now visited upon their children. By that instrument, the con- tinuance of the African slave-trade was guaran- teed for twenty years ; — a larger proportional representation in Congress, and a larger vote in the election of the Executive, was accorded to the slave-holding, than to the other States : — the power of the nation was pledged to keep the slave in subjection ; and should he ever escape from his fetters, his master was authorized to pursue and to seize him, in any and every of the sovereign States, composing our wide-spread confederacy. We are not about to exhibit the corrupting in- fluence of this compact on the religious sympathies and sentiments of our countrymen, in regard to slavery; nor is it our present purpose to trace the retributive justice of Heaven in that recklessness of human life, and in that contempt of human and divine obligations, which are hurrying on the slave States to anarchy and barbarism ; or in the 2 14 INTRODUCTION. eagerness so generally exhibited by our northern politicians and merchants, to barter the constitu- tional rights of themselves and their fellow-citi- zens, for the votes and the trade of the South.* We propose simply to take a view of the ac- tion of the Federal Government in behalf of sla- very, — a subject that has yet been but partially investigated : and we flatter ourselves, that in the course of our inquiries, we shall develope facts, * Before this language is condemned as harsh and exaggerated, we beg the reader to recall some of the prominent events of the last few years, connected with this subject : — the Lynch clubs and cruel inflictions of the South, — the sacking of the Charleston post-office, — the wholesale and unpunished murders at Vicks- burg, — and the frequent burnings alive of negroes, and in parti- cular, of Mcintosh, taken by the citizens of St Louis from the prison, chained to a tree, and consumed by a slow fire — and the advice of Judge Lawless to the grand jury, not to notice the dia- bolical atrocity, because it was in fact, the act of the community ! As to the North, we point in our justification, to the innumerable mobs excited by politicians, against the friends of emancipation, — the various attempts made by the state autlwrities to propitiate the South, by a surrender of the freedom of speech, and of the press, — to the zeal of the merchants in our seaports, in getting up anti-abolition meetings, — to the conflagration of Pennsylvania Hall, and to the martyrdom of Lovcjoy. In truth, our whole land is strewed with monuments of the wickedness and tyranny of slavery — monuments, which declare in no doubtful language, that our great national sin is not unheeded by Him, to whom ven geance belongcth. FEDERAL RATIO. 15 which, with some at least of our readers, will possess the merit of novelty. These facts for the most part, derive their origin from The Federal Ratio of Representation. The Constitution provides that the members of the Lower House of Congress shall be propor- tioned to the free inhabitants of the States they represent, except that in each State, three-fifths of the slave population shall be for this purpose considered as free inhabitants. In other words, every five slaves are to be counted as three white persons. For example, if by law every 60,000 free inhabitants may elect a representative, a dis- trict containing 45,000 whites and 25,000 slaves, becomes by the federal ratio entitled to a mem- ber. This stipulation in the Constitution has from the beginning given the slaveholders an undue weight in the national councils. A few instances will illustrate its practical effect. The whole number of the House of Representatives is at present 242 ; sent from 2G States. Of these, the following are slave States, viz: — Delaware, Ma- ryland, Virginia, North Carolina, South Carolina, Kentucky, Tennessee, Alabama, Mississippi, Lou- isiana, Missouri, and Arkansas. These States with 16 FEDERAL RATIO. a free population of 3,823,389, have 100 mem- bers ; while the free States with a free popula- tion nearly double, viz. 7,003,451, have only 142 members. One representative is at present allow- ed to 47,700 inhabitants. Now were the slaves omitted in the enumeration, the slave States would have only 75 members. Hence it follows, that at the present moment, the slaveholding interest has a representation of TWENTY-FIVE mem- bers in addition to the fair and equal representa- tion of the free inhabitants. There is certainly no good reason why the owners of human chat- tels, should by the fundamental law of a Repub- lic, have greater privileges awarded to them than to the holders of any other kind of property what- ever. But such is the compact ; we seek not to change or violate it, but only to explain its ope- ration. Each State has as many votes for President as it has members of Congress. The rule of repre- sentation in the Lower House has already been explained ; in the Senate it is different : and each State, whatever be its population, has two Sena- tors, and no more. The free population of the slave States, as already stated, is half that of the others ; but their number being equal, their rep- resentation in the Senate is also equal. FEDERAL RATIO. 17 If free population were the principle of rep- resentation in the Federal Government, as it is with scarcely an exception in all the States, the slave States would have In the Senate, 13 members. In the House, 75 Electoral votes for President, 88 They have, In the Senate, 26 members. In the House, 100 Electoral votes for President, 126 Here we find the secret of the power of the South, and of the obsequiousness of the North. Ohio, with a population of 947,000, has 19 mem- bers ; while Virginia, with a free population of 200,000 less, has two members more. Take an- other example. Pennsylvania has 30 electoral votes; the States of South Carolina, Georgia, Alabama, Mississippi, Louisiana, and Kentucky, with an aggregate free population of 189,791 less than Pennsylvania, have 53 electoral votes ! It cannot be supposed that this vast and most un- equal representation and consequent political pow- 2* 18 FEDERAL RATIO. er, will be unemployed by its possessors. On the contrary, the slaveholders in Congress have uni- formly succeeded in effecting their objects, when united among themselves. In 1836, this slave power in Congress was adroitly turned to pecu- niary profit. The Surplus Revenue remaining in the Treasury on the 1st of January, 1837, was to be distributed, and the rule of distribution became a question. The income, it is true, had been de- rived chiefly from the industry and enterprise of the North ; but the South insisted, and with her usual success, that instead of dividing the money according to population, it should be apportioned among the States according to their electoral votes. By this rule, the slave States, notwith- standing their inferiority in population, would share alike with the free, so far as regarded the number of their Senators ; and with regard to their representatives, they would secure an apportion- ment of money on account of three-fifths of their two millions of slaves. The sum allotted by this gross and monstrous rule to the States of South Carolina, Georgia, Alabama, Mississippi, Louisiana, and Kentucky, was $6,754,5S8 ; while Pennsylvania with a free population larger than that of all these six States together, was to receive only $3,823,353; so that INFLUENCE IN CONGRESS. 19 in fact the slaveholders of these States received man for man, just about twice as many dollars from the national treasury, as the hardworking citizens of Pennsylvania ! Now as the free States have a numerical majority of members, it is im- portant to investigate the sources of the slave- holding influence in Congress. These may be regarded as threefold ; first, their anxiety to pro- tect and perpetuate slavery, renders the southern members united in whatever measures they con- sider important for this purpose, while the repre- sentatives from the North, having no common bond of union, are divided in opinion and effort. Sec- ondly, a slave State having more votes to bestow on a presidential candidate, and more members in Congress to support or oppose the administration than a free State of equal white population, is of course of greater consequence in the estimation of politicians ; and hence arises an influence reach- ing to every measure, and weighing upon every question. The peculiar character of the southern gentlemen, together with their observation of the servility of the northern politicians, have induced them to resort, and with great success, to intimi- dation as a third means of influence. The practice adopted by the slaveholders of threatening on all occasions to dissolve the Union, 20 INTIMIDATION. unless they are permitted to govern it, has been too long and firmly established to need illustration. We will at present merely give a few recent in- stances of outrageous menaces; and to justify what we have said of the servility of northern politicians, it is sufficient to observe, that these menaces were unrebuked. On the 18th of April, 1836, a petition against the continuance of slavery in the District of Columbia was presented to the House of Representatives, when Mr. Speight of North Carolina declared in his place, that " he had great respect for the chair as an officer of the House, and a great res- pect for him personally, and nothing but that res- pect prevented him from rushing to the table and tearing that petition to pieces." Of course it was to be understood, that the order of the house and the rights of northern petitioners were respected not from any constitutional obligations, but solely because the speaker, himself a slaveholder, was acceptable to southern gentlemen. Mr. Hammond of South Carolina, the same ses- sion, in a speech, used the following language : "I warn the abolitionists, ignorant, infatuated barba- rians as they are, that if chance shall throw any of them into our hands, he may expect a felon's dealhr INTIMIDATION. 21 Mr, Lumkin remarked in the Senate, (January 1838,) " If abolitionists went to Georgia, they would be caught :" and Mr. Preston declared in the same debate — "Let an abolitionist come within the borders of South Carolina, if we can catch him, we will try him, and notwithstanding all the interference of all the governments on earth, including the Federal Government, we will HANG him." It seems probable from these declarations that abolitionists, in their southern travels, will meet with " barbarians " quite as " ignorant and infat- uated " as themselves ; and also, that should mem- bers of Congress, by their votes, imprudently identify themselves with abolitionists, and after- wards enter the slave region, they could not com- plain of not having been explicitly warned that the gibbet was to be their fate. Such are the sources of the slaveholding influ- ence in Congress. The following pages will ex- hibit many of the results of this influence, and the first to which the reader's attention is called, is The Obsequiousness of the Presidential Candidates. As slaveholders are ready to hang abolitionists when they can " catch " them, it is not to be sup- 22 PRESIDENTIAL CANDIDATES. posed that they will elect any of the proscribed sect, President of the United States. Of course, it becomes important for such gentlemen as aspire to that honour, that their ideas on the subject of human rights, should be adapted to the meridian of the slave region. Previous to the last presidential canvass, Mr. Van Buren being a candidate, thought it prudent to write a letter for publication, containing the following passage: — "I prefer that not only you, but all the people of the United States, shall now understand, that if the desire of that portion of them which is favourable to my election to the chief magistracy should be gratified, I must go into the presidential chair the inflexible and nncom- jjromising opponent of any attempt on the part of Congress to abolish slavery in the District of Colum- bia, against the wishes of the slaveholding States." Mr. White was a rival candidate, and deemed it expedient to give his pledge also, which he did in these terms : — "I do not believe Congress has the power to abolish slavery in the District of Colum- bia; and if that body did possess the power, I think the exercise of it would be the very worst policy. Holding these opinions, I would act on them in any situation in which I could be placed, and for both reasons would, if called on to act, withhold my assent to any bill having in view such an object." PRESIDENTIAL CANDIDATES. 23 General Harrison, a third candidate, also as we have understood, wrote his letter, but not having it before us cannot quote it. We presume, however, it was thought sufficient, since an address in his behalf from his political friends in Virginia, assured the public that "he is sound to the core on the subject of slavery" Mr. Webster, the fourth and last candidate, had many years before fully committed himself as to the power of Congress over slavery in the District. He gave no pledge, and received no vote from any slave State. Having thus seen the extent of the slavchold- ing power in Congress, and in some degree, its influence over political partizans, we are prepar- ed to investigate its direct action in protecting and perpetuating the institution of slavery in the United States. The friends of that institution have always looked with distrust and alarm upon the free coloured people, and have deemed it good policy to treat them with ignominy, and to prevent their acquisition of power and influence : Hence the Efforts of the Federal Government to oppress and degrade the free people of colour. The Constitution of the United States acknow- 24 OPPRESSION OF FREE NEGROES. ledges no right or disqualification founded on complexion ; but those who have administered it, have made the tincture of the skin, of far greater importance than the qualities of either the head or the heart. So early as 1790, Congress passed an act prescribing the mode in which " any alien being a white person," might be naturalized and admitted to the rights of an American citizen, Two years after, an act was passed for organ- izing the militia, which was to consist of " each and every free, able-bodied white male citi- zen," &c. No other government on earth pro- hibits any portion of its citizens from participa- ting in the national defence ; and this strange and degrading prohibition, utterly repugnant to the principles both of the Declaration of Indepen- dence and of the Constitution, marks the solici- tude of the Federal Government to pursue the policy most agreeable to the slaveholders. But not content with this insult to coloured citizens, another, and perhaps a still more wanton and malignant one, was offered by the Government in the act of 1810, organizing the Post Office De- partment. The 4th Section enacts that " no oth- er than a free white person shall be employed in carrying the mail of the United States, either as a post-rider or driver of a carriage carrying the mail," under a penalty of fifty dollars. OPPRESSION OF FREE NEGROES. 25 Any vagabond from Europe, any fugitive from our own prisons, may take charge of the United States mail ; but a native born American citizen, of unimpeachable morals, and with property ac- quired by honest industry, may not, if his skin be dark, guide the horses which draw the carriage in which a bag of newspapers is deposited ! Such are the insults heaped by the Federal Government on the coloured citizens throughout the States : let us see what conduct it pursues towards them on its own territory, over which it possesses " exclusive jurisdiction." In 1820, Congress passed a law authorizing the white citizens of the City of Washington to elect white city officers ; thus making a white skin an indispensable qualification for both suffrage and office. The white officers thus elected by the white citizens, were specially empowered by the national legislature " to prescribe the terms and conditions on which free negroes and mulattoes may reside in the city." In pursuance of this grant of power, the white officers passed an ordi- nance (May 31, 1827,) requiring all the free col- oured persons then in Washington and wishing to remain, to be registered ; and enacting, that if any free man with a coloured skin should presume to play at cards, or even to be present while an- 3 26 OPPRESSION OF FREE NEGROES. other free coloured person was playing, he should be fined not exceeding five dollars ; that if he should have a dance in his house, without permis- sion from the white Mayor, he should be fined not exceeding ten dollars ; that should he take the liberty to go out of his own house after ten o'clock at night, without a pass from a Justice of the Peace, or " some respectable citizen," (!) he might be compelled to pass the rest of the night " in a lock-up-house," and the next morning be fined ten dollars ; and should any dark complexioned free man be guilty of drunkenness or profane language, he should be fined not exceeding three dollars. Thus we see with what zeal the Wash- ington Corporation endeavours to prevent the co- loured citizens from affecting the manners and fashions of their white brethren. But there are still more serious matters. A coloured citizen from any of the States, taking up his residence in the Capital of the Republic, is required within a certain time, not only to be registered, but also to find two freehold sureties in the penalty of five hundred dollars, for his good behaviour^ and if he does not, he is to be imprisoned till he con- sents to leave the seat of the Federal Govern- ment ; and if he does not prove that he is a free- man, he shall be sold as a slave to pay his jail fees !! SLAVERY UNDER THE FEDERAL GOVERNMENT. 27 Such are the abominable and iniquitous means used by and with the sanction of Congress, for the degradation and oppression of coloured citi- zens. We are next to take a view of Slavery under the authority of the Federal Government. It is well known that Congress is the local le- gislature of the District of Columbia, and of all the territories belonging to the Union, and with pow- ers far exceeding those possessed by any State Legislature, being unfettered with constitutional restrictions. The authority vested in Congress over the District and territories, is virtually des- potic, being an " exclusive jurisdiction in all cases whatsoever." Yet we have long had slavehold- ing territories. The vast domain acquired by the purchase of Louisiana, has, under the authori- ty of Congress, been stocked with slaves, except- ing so much as is north of 381° north latitude, which is, by act of Congress, specially protected from the pollution. This very law is one of the most profligate and deeided acts of the Federal Government in behalf of slavery ; for by means of it, the immense territory south of this line was deliberately surrendered to all the cruelties and 28 SLAVE CODE. abominations of the system ; it was moreover an express acknowledgement by the Government of its power to prohibit slavery throughout the whole territory, and that it had made a compromise, a bargain between humanity and cruelty, religion and wickedness ; and had erected on an arbi- trary line, a partition wall between slavery and liberty. But it is in the District of Columbia, and under the shadow of the proud Capitol, that the action of the Federal Government in behalf of slavery, is exhibited in its most odious and disgusting forms. We shall have occasion presently to ex- hibit the seat of the National Government, as the great slave mart of the North American Conti- nent, " furnished with all appliances and means to boot." The old slave laws of Virginia and Mary- land, marked by the barbarity of other days, form by Act of Congress, the slave code of the District. Of this code, a single sample will suf- fice. A slave convicted of setting fire to a build- ing, shall have his head cut off, and his body di- vided into quarters, and the parts set up in the most public places ! But let it not be supposed that Congress has not itself legislated directly on the subject of slavery. An Act of 15th May, 1820, gives the Corporation of Washington, power RECOVERY OF FUGITIVES. 29 to " punish corporeally any slave for a breach of any of their ordinances." Happy would it have been for the honour of our country, if the sympathies of its rulers in behalf of slavery, had been exhibited only on the national domain ; but they pervade every portion of the confederacy, as is but too apparent in The interference of the Federal Govern- ment FOR THE RECOVERY OF FUGITIVE SLAVES. The federal constitution contains the following clause : " No person held to service or labour in one State under the laws thereof, escaping into another, shall in consequence of any law or regu- lation therein be discharged from such service or labour, but shall be delivered up on claim of the party to whom such service or labour may be due." At the time this constitution was adopted, the cultivation and manufacture of cotton had not so far progressed, as to paralyze by their profits, the conscience of the nation, or to divest it of the sense of shame ; and hence this clause although relating to slaves, forbears to name them. It was inserted to satisfy the South ; and its obvious meaning is, that Slaves escaping into States in 3* 30 RECOVERY OF FUGITIVES. which slavery is abolished by law, shall not there- fore be deemed free by the State authorities, but shall be delivered by those authorities, to his master. This clause imposes an obligation on the States, but confers no power on Congress ; and the Constitution moreover declares, that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Hence it follows that as the power of recovering these fugitives is not delegated to Congress, it is reserved to the several States, who are bound to make such laws as may be deemed proper, to authorize the master to recover his slave. Nevertheless, the Federal Government in its zeal for slavery, has not scrupled to assume power never delegated to it, and has exercised that power in gross and contemptuous violation of every principle, which in free countries, directs the administration of justice. If a Virginian en- ters New-York, and claims as his property a horse which he finds in the possession of one of our cit- izens, an impartial jury is selected to pass on his claim, — witnesses are orally, and publicly ex- amined, — the claimant is debarred from all pri- vate intercourse with the jury, — he may not be alone with them for a moment, nor mav a whis- RECOVERY OF FUGITIVES. 31 per pass between them ; and when the trial is over, the jury retire to deliberate on their verdict, under the charge of an officer, who is sworn to keep them apart, and not to suffer any person to speak with them ; nor can the horse be at last re- covered but with the unanimous consent of the jury. But let the Virginian claim, not the horse, but the CITIZEN HIMSELF as his beast of burden, and the Federal Government makes all things easy for him. By the Act of 1793, the slaveholder may himself without oath, or process of any kind, seize his prey, where he can find him, and at his leisure, (for no time is specified,) drag him before any Justice of the Peace in the place, whom he may prefer.* This justice is a state officer, and of the lowest judicial grade, and under no legal obligation to execute an Act of Congress, and entitled to no fees for his services. He is therefore peculiarly accessible to improper influences. Before this magistrate, who is not au- thorized to compel the attendance of witnesses in such a case, the slaveholder brings his victim, and *In New- York the Legislature has interfered, and forbidden a Justice of the Peace to act, and has therefore virtually declared the Act of Congress to be unconstitutional,— and that the power of prescribing the mode in which fugitives shall be restored, be- longs exclusively to the States. 32 RECOVERY OF FUGITIVES. if he can satisfy this judge of his own choice, " by oral testimony or affidavit" and for aught that appears in the law, by his own oath, that his claim is well founded, the wretched prisoner is surrendered to him as a slave for life, torn from his wife and children, bereft of all the rights of humanity, and converted into a chattel, — an article of merchandise, — a beast of bur- den!! The Federal Constitution declares : — " In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved ; but the Act of 1793, in suits in wh.ch " the value in controversy " exceeds all estimation, dispenses with trial by jury, and in- deed with almost every safeguard of justice and personal liberty. This law, iniquitous as it is, does not require State officers to anticipate the pursuit of the slave- holder, and to seize and imprison their fellow- men, on mere suspicion that they may be claimed as slaves. What the Federal Government dares not do in the States, it accomplishes on its own exclusive territory, and in a manner which, for atrocious wickedness and tyranny, leaves far in the shade the vilest acts of European despotism. This is indeed strong language ; but alas ! Ian- SALE OF FREE NEGROES. 33 guage is too feeble adequately to represent the turpitude of the laws and practices sanctioned by the Federal Government, in the District under its " exclusive jurisdiction." By the Act of 1793, a justice can take no step for the restoration of a fugitive slave, till the fact of his being one is proved before him on oath. But in the Metropolis of the Nation, — in the city called by the name of the Father of his Country, a Justice of the Peace may commit to the United States Prison, and into the custody of the Uni- ted States Marshal, any man he may choose to suspect of being a fugitive slave. Notice is then given in the newspapers of the commitment, and the unknown owner is warned to take away his property, or it will be sold according to law, to pay JAIL FEES. After the doors of the dungeon have closed upon the victim, no magistrate, no court, no jury take cognizance of his claims to freedom. The jailor is the Only tribunal to which he can appeal, and how disinterested a tribunal will presently be seen. If a freeman, no master can of course, lawfully claim him, and not being claimed, he is sold at auction to raise money to pay an officer of the Federal Government for the trouble and expense of keeping him a few weeks in prison. What civi- 34 SALE OF FREE NEGROES. lized government of the old world practices more execrable wickedness ?* The whole depth of this villany is not yet sounded. The disclosures we are now about making should make every ear to tingle and every heart to quake. No doubt it will occur to many that if a free man, all the prisoner has to do, to obtain his liberation, is to prove his freedom. — Prove his freedom while locked up in his cell ! Where is his counsel ? — where his process for commanding the attendance of witnesses? where the court sitting in open day to investigate his right to freedom ? where the jury to pass upon his case ? The marshal, or his deputy the jailor, is the only human being, except his fellow-victims, to whom he can tell his tale. The marshal is the judge, and the sole judge of his prisoner's title to * Not as an apology for this expression, but as a reason why the writer feels more sensibly than perhaps many others on this subject, he thinks proper to mention that a free coloured man be- longing to his neighbourhood in West Chester County, N. Y., on going to Washington some years since, was there legally kidnap- ped, and advertised by the marshal to be sold to pay his jail fees. A Washington paper containing the advertisement provi- dentially fell into the hands of a citizen of the County who knew the man. A public meeting was called, and the Governor of tho State, De Witt Clinton, at their request, demanded from the Presi- dent his immediate release as a citizen of New- York. SALE OF FREE NEGROES. 35 freedom. He is the arbiter of happiness and misery, of liberty and bondage : he opens the door of the dungeon, and at his sovereign will bids his captive go forth to enjoy the rights and fulfil the duties of a rational, accountable, and immortal being, or conducts him to the human shambles erected in the city of Washington, and there sells him under the hammer as a slave for life. Compared with this tremendous jurisdiction, the powers vested in the highest judicial officer in our country dwindle into insignificance. And should such a judge be disinterested ? The very question is shocking to our every idea of justice. Disinte- rested ! Screened from the public eye — account- able only to that Being who seeth in secret — de- claring his judgement in the recesses of the prison, he should of all men be most exempt from human passion and infirmity. Yet to this judge the law offers a high and tempting bribe to sell men he knows to be free, and thus to become a manufac- turer of slaves. Will this statement be credited ? It cannot, and ought not to be, without full and unequivocal proof, and to that proof we now ap- peal ; premising for the better understanding of our proof, that the marshal is required to maintain the suspected fugitives while in his custody and is entitled to fees for receiving them, &c, and if un- 36 SALE OF FREE NEGROES. reclaimed has no means of procuring payment of his expenses and fees but from the proceeds of the sale of his prisoners ; and further, that the whole of those proceeds are permitted by law to remain in his pocket, unless after the sale the master should be discovered, and should claim the bal- ance. On the 11th January, 1827, the committee on the District of Columbia, to whom the subject iiad been referred by the House of Representa- tives, reported that " in this District, as in all the slaveholding States in the Union, the legal pre- sumption is, that persons of colour going at large without any evidences of their freedom, are ab- sconding slaves, and prima facie, liable to all the legal provisions applicable to that class of per- sons." They state that in the part of the District ceded by Virginia, a free negro may be arrested and put in jail for three months on suspicion of being a fugitive ; he is then to be hired out to pay his jail fees ; and if he does not prove his freedom within twelve months, is to be sold as a slave. This statement is followed by the remark. " the committee do not consider any alteration of the law in the County of Alexandria in relation to this subject, necessary !" In the County of Washington, ceded by Maryland, they inform us, SALE OF FREE NEGROES. 37 " If a. free man of colour should be apprehended as a runaway, he is subjected to the payment of all fees and rewards given by law for apprehend- ing runaways ; and upon failure to make such payment, is liable to be sold as a slave." That is, a man acknowledged to be free, and unaccused of any offence, is to be sold as a slave to pay the " fees and rewards given by law for apprehending runaways." If Turkish despotism is disgraced by any enactment of equal atrocity, we are ignorant of the fact. Even the committee thought this law rather hard, and therefore they " recommen- ded such an alteration of it as would make such charges payable by the corporation of Washing- ton.* But the Federal Government, unwavering in its devotion to slavery, made no alteration, and the code of Washington is to this day polluted by unquestionably the most iniquitous statute in Chris- tendom. Laws are sometimes more profligate than those who are called to administer them, and the committee assure us that the Marshal has in all cases refrained from selling his prisoners for fees and charges, when their rights to free- dom has been established ; and in consequence of not availing himself of the privilege allowed him by this law, he had incurred, in the last eight * See Reports of Committee, 2 Seas. 19 Cong. Vol. I. No. 43. 4 38 SALE OF FREE NEGROES* years, a personal loss of $500 ! In other words, the Marshal's sense of justice, decency, and hu- manity, exceeded that of the rulers of our Re- public. On the 29th January 7 , 1829, the committee on the District of Columbia made a report in obedi- ence to the instructions of the House of Repre- sentatives, "to inquire into the slave trade as it exists in and is carried on through the District." The report proposes no interference on the part of Congress, but is virtually an apology for this vile traffic, as is apparent from the following heartless sentiments and false assertions. "The trade alluded to, is presumed to refer more particularly to that which is carried on with the view of transporting slaves to the South ? which is one way of gradually diminishing the evil complained of here ; while the situation of these persons is considerably mitigated by being transplanted to a more genial and bountiful clime. Although violence may sometimes be done to their feelings in the separation of families, it is by the laws of society which operate upon them as prop- erty, and cannot be avoided as long as they exist ; yet it should be some consolation to those whose feelings are interested in their behalf, to know SALE OF FREE NEGROES. 39 that their condition is more frequently bettered, and their ?ninds happier by the exchange."* To this report is appended a letter (January 13, 1820,) from the Marshal to the committee,, con- taining most important and heart-rending state- ments. It appears from this letter, that from the 1st January, 1826, to 1st January, 1828, there were committed to the Washington prison as runaways, 101. Proved to be free, and discharged, 15 Unclaimed, and sold for maintenance, and charges, and fees, 5 Proved to be slaves, and delivered to their masters, 81 101 In 1828 — Committed as runaways, 78. Proved to be free, 11 Unclaimed, or sold for jail fees, etc. 1 Delivered to their masters, 66 78 Here then is proof, official documentary proof, that in three years, 179 human beings were, by the authority of the Federal Government, arrest- ed in one county of the District, and committed * Reports of Committees, 2 Scss. 20 Cong. No. 60. 40 SALE OF FREE NEGROES. to prison on no allegation of crime, but merely to to aid the slaveholders in trampling upon those great principles of human rights, for the protec- tion of which the National Government was pro- fessedly founded. It is also in proof that of these 179 prisoners, 26 were, by the confession of the Marshal, free men ; men whom (as appears from the report we have quoted,) he had a legal right to consign to hopeless and awful bondage, merely because they were too poor to pay the expenses of their unjust imprisonment ; and who were in- debted for their liberty, not to the laws and con- stitution of their country, but to the beneficence of their jailor — a beneficence too, exercised at his own pecuniary loss. -Proof also is here given, that six persons unclaimed as slaves, were, by the judgement of this same jailor, without counsel, witnesses, or trial, sentenced to be sold as slaves for the purpose of raising money, the whole of which, as we shall presently see, was paid over to the judge who pronounced the sentence. The Marshal gives in his letter the particulars of the sale of the five unclaimed negroes, as follows, viz: Si — Amount of jail fees, etc. 884 82 Offered for sale according to law, and no person being willing to give 884 82, he was purchased by Tench Ringgold, the SALE OF FREE NEGROES. 41 Marshal, for that sum, and afterwards sold by him to Robert Bown for $20, by which the Marshal lost, 64 82 Hannah Green sold for $61 00 Maintenance, etc. 48 71 Balance remaining in Marshal's hands, $12 29 Lewis Davis sold for $250 00 Amount of fees, etc. 50 07 Balance remaining in Marshal's hands, $199 93 James Green sold for $80 00 Fees and maintenance, 49 66 Balance remaining in Marshal's hands, $30 34 Arthur Neal sold for amount of his jail fees and maintenance, to the Marshal, being $46 06 Sold afterwards by private sale to J. G. Hutton for 40 00 Lost by Marshal, $06 06 4* 42 SALE OF FREE NEGROES. The letter concludes thus : " The Marshal has always considered it to be his duty whenever a negro was committed as a runaway by a Justice of the Peace, who in all cases under the law com- mits them, which negro had not in his possession proof of his freedom, but alleged himself to be a freeman, to write to any part of the United States to persons who the negro affirmed could prove his freedom, urging them to send on their certificates of such negro being free ; and in ma- ny instances, these letters of the Marshal or his jailor have been the means of bringing proof that the negro was free. " The law of Maryland in force in this District, directs that the balance of sales of negroes (sold as runaways) shall remain in the Marshal's hands until the runaway was identified as the property of some master ; and in conformity thereto, the Marshal has uniformly handed over such balance whenever the master proved his property. In a late case, Mr. Sprigg of Louisiana, lost a valua- ble slave, who escaped from him, and made his way to this District, and was committed to my custody, advertised and sold, according to law ; leaving a balance of five hundred dollars, after paying maintenance, etc. in my hands. The ne- gro was carried to Louisiana by the person who SALE OF FREE NEGROES. 43 purchased him of me, discovered by his former master, Mr. Sprigg, who sent on here and claimed his money. Having ascertained that this negro was the property of Mr. Sprigg, I paid the 8500 on demand to his agent here, Mr. Josiah Johnson, Senator of Congress from that State. Tench Ringgold, Marshal, Dist. Col." Such are the secrets of the prison-house, estab- lished by the Federal Government. It may be well to contemplate them in detail. It appears from the cases of Si and Neal, that the Marshal of the United States after deciding on the liberty or bondage of his prisoners, is allowed to take his fees in human flesh, and the condemned becomes the property of the very judge who sentenced him to servitude, and who carries him into the market there to make out of him as much money as he can. True it is, Mr. Ringgold's speculations ap- pear not to have been very productive, but other jailor-judges may have less honesty, or more skill in negro flesh. The Marshal it seems sold his fees in the shape of Si, for only $20. No reason is assigned for this nominal price. Very probably it was a case similar to the one described by Mr. Miner, in his speech on the floor of the House of Representatives, in 1S29. "In August, 1821," said Mr. M. " a black man was taken up, and imprisoned 44 SALE OF FREE NEGROES. as a runaway. He was kept confined until Octo- ber, 1822, four hundred and five days. In this time, vermin, disease, and misery had deprived him of the use of his limbs. He was rendered a cripple for life, and finally discharged as no one would buy him" The Hannah and James Green sold for fees, were most likely man and wife, and may remind us that the law we are considering is utterly reckless of the most sacred relations. The pro- ceeds of three of the five sold in 1826-7, after deducting fees, &c. is $242,56, and this sum, ac- cording to law, the Marshal retains till called for ; but if the negroes were free, then, there being no claimant^ the money can never be called for, and becomes the perquisite of office, and the income of the Judge of course fluctuates according to the number of freemen he condemns to slavery. Thus does the law literally press upon the Mar- shal the wages of unrighteousness — thus does it bribe him to the commission of wickedness. In one instance, the receipts of a single condemna- tion were 6500, of which the Marshal was de- prived only by a most extraordinary accident. And now let us review the conduct of the Fed- eral Government towards the free coloured citi- zen of any State, who presumes to visit the city SALE OF FREE NEGROES. 45 of Washington. At the will of a Justice of the Peace he is thrown into prison. His jailor, if he possesses the humanity and disinterestedness of Mr. Ringgold may, if he pleases, write letters to distant parts of the confederacy, although he knows that a favourable answer may keep some hundred dollars from finding their way into his pocket. If no such answer arrives, without any evidence that the letter of inquiry was ever re- ceived, the poor wretch is condemned as a slave, and the price of his bones and muscles is paid to the judge who condemned him. And by whom is this accursed law kept in force ? By Northern Representatives and Sena- tors in Congress. On the 8th February, 1836, the House of Representatives resolved, that " Con- gress ought not to interfere in any way with sla- very in the District of Columbia," and no less than 82 northern men had the hardihood to re- cord their names in favour of the resolution. To place if possible, in a still stronger light, the con- duct of these men, it may be mentioned that the law we have been considering, belonged to the code of Maryland, at the time the District was ceded, and was continued in force by Act of Con- gress. In the meantime, the Legislature of Mary- land, composed of slaveholders, yielding to the spirit of the age, has erased this foul stain from her 46 SALE OF FREE NEGROES. statute-book, while our northern democrats with liberty and equality forever on their lips, in hope of getting a few southern votes for their party, discover that Congress ought not to interfere in any way with slavery in the District, although it is by the authority of Congress that freemen are converted into slaves. We will now place side by side, two advertise- ments, one published by authority of Congress, in which northern men have the majority ; the other by authority of the slave State of Maryland, — the first relating to a woman and infant claiming to be free, the other to a man confessing himself a SLAVE. "Notice. — Was committed to the jail of Wash- ington county, District of Columbia, as a runaway, a negro woman, by the name of Polly Leiper, and her infant child William ; she is five feet four in- ches high, about twenty-three years of age. She had on when committed #•*'*• Says she was set free by John Campbell, of Richmond, Va. in 1818 or 1819. The owner of the above-de- scribed woman and child, if any, are requested to come and prove them, and take them away, or they will be sold for their jail fees and other expenses as the law directs. Tench Ringgold, May 19, 1827. Marshal." RECOVERY OF FUGITIVES. 47 "Runaway. — Was committed to the jail of Washington County, Maryland, on the 24th De- cember last, a mulatto man who calls himself John McDaniel, about 25 years of age. * * Says he belongs to William Hill, living at Fal- mouth, Va. and was sold to John Daily, living somewhere in the South. The owner of the said slave is requested to come and take him away, or he will be released according to law. Christian New comb, Jan. Sheriff:' December 10, 18£7.* The endeavours of the Federal Government to secure the restoration of fugitive slaves to their m asters, is not confined either to the District of Columbia, or to the States of this confederacy. Even American diplomacy must be made subser- vient to the interests of the slaveholders, and re- publican ambassadors must bear to foreign courts the waitings of our government for the escape of human property. On the 10th of May, 1828, the House of Repre- sentatives requested the President " to open a negotiation with the British government in the * Both advertisements are taken from the Washington Intelli- gencer. 48 FUGITIVES IN CANADA. view to obtain an arrangement whereby fugitive slaves who have taken refuge in the Canadian provinces of that government, may be surrendered by the functionaries thereof to their masters, upon making satisfactory proof of their ownership of said slaves." Here was a plain, palpable interference in be- half of slavery by a government which we are often assured by the slaveholders " has nothing to do with slavery ;" and so tame and subservient were the northern members that this disgraceful resolution was adopted without even a division of the House ! At the next session, the impatience of the slaveholders to know if Great Britain would restore their slaves who had taken refuge in Canada, could brook no longer delay, and the House called on the President to inform them of the result of the negotiation. The President immediately submitted a mass of documents to the House, from which it appeared that the zeal of the Executive, in behalf of " the peculiar institu- tion," had anticipated the wishes of the Legislature. Two years before the interference of the House, viz : on the 19th of June, 1826, Mr. Clay, Secre- tary of State, had instructed Mr. Gallatin, Amer- ican Minister, in London to propose a stipulation for M a mutual surrender of all persons held to FUGITIVES IN CANADA. 49 service or labour under the laws of either party who escape into the territories of the other." Mr. Clay dwelt on the number of fugitives in Canada, and desired Mr. Gallatin to press on the British Government the consideration that such a stipula- tion, would secure to the West India planters the recovery of such of their slaves as might take re- fuge in the American Republic ! Surely the Federal Government was never in- tended by its founders to act the part of kidnapper for West India slaveholders. On the 24th of February, 1827, Mr. Clay again urged Mr. Gallatin to procure this stipulation, and informed him that a treaty had just been conclu- ded with Mexico, by which that power had engaged to restore our runaway slaves* On the 5th July, 1827, Mr. Gallatin communi- cated to his government the answer of the British Minister, that " it was utterly impossible for them to agrea to a stipulation for the surrender of fugi- tive slaves." Determined not to take no for an answer, Mr. Clay desired Mr. Barbour, our then Minister in England, to renew the negotiation, inasmuch as the escape of slaves into Canada is "a growing * Such a treaty was negotiated, but the Mexican Congress re- fused to ratify the base compact. 5 50 FUGITIVES IN FLORIDA. evil ;" but alas ! Mr. Barbour replied that on broaching the subject to the British Minister, he had informed him " the law of Parliament gave freedom to every slave who effected his landing on British ground."* To have attempted to march an army into Canada, for the purpose of seizing these fugitives, would have cost rather more than they were worth. There was, however, a territory on our southern frontier, belonging to a power less able than Great Britain to punish aggressions on her sovereignty, and hence it is that we are called to consider The invasion of Florida, and destruction of fugitive slaves by the forces of the fed- ERAL Government. On the 15th March, 1816, Mr. Crawford, Sec- retary of War, addressed a letter to General Jack- son, informing him that there was a fort in Florida^ occupied by between 250 and 300 blacks, and that they and the hostile Creek Indians were guilty of secret practices to inveigle negroes from the frontiers of Georgia, and directing him to call the attention of the Commandant at Pensacola to the subject. The Secretary added, that should * State papers, 2 Sess. 20th Cong. Vol. I. FUGITIVES IN FLORIDA. 51 the Commandant decline interfering, and should it be determined that the destruction of the negro fort does not require the sanction of Congress, means will be promptly taken for its reduction. Gen. Jackson, however had, before the receipt of this despatch, " assumed the responsibility" of sending his orders respecting this very fort to Gen. Gaines. "If the fort harbours the negroes of our citizens, or of friendly Indians living within our territory, or holds out inducements to the slaves of our citizens to desert from their owner's service, it must be destroyed. — Notify the governor of Pensacola of your advance into his territory, and for the express purpose of destroying these lawless banditti^ The letter concludes with directions to "restore the stolen negroes to their rightful owners." (Letter of 8th April, 1816.) Owing to some cause not explained, Gen. Gaines did not fulfil his instructions ; and a gun boat was sent up the Appalachicola river by order of Com- modore Patterson, and on the 27th July attacked the fort by firing red-hot shot at it. A shot entered the magazine which exploded. The re- sult is thus stated in the official report : " Three hundred negroes, men, women and children, and about 20 Indians, were in the fort ; of these, 270 52 FUGITIVES IN FLORIDA. were killed, and the greater part of the rest mor- tally wounded." Commodore Patterson, in his letter to the Sec- retary of the Navy, observes : " The service ren- dered by the destruction of this fort, and the band of negroes who held it and the country in its vicinity, is of great and manifest importance to the United States, and particularly those States bordering on the Creek nation, as it had become a general rendezvous for runaway slates and disaffected Indians — an asylum where they found arms and ammunition to protect themselves against their owners and the government. This hold being destroyed, they have no longer a place to fly to, and will not be so liable to abscond. The force of the negroes was daily increasing, and they had commenced several plantations on the banks of the Appalachicola."* Various plantations have also been commenced in Canada by fugitive slaves, but being under the protection of Great Britain, and not of Spain, the Federal Government has wisely abstained from any forcible attempt to destroy them. It is now time to advert to one of the most extraordinary exploits of American diplomacy, viz : * State papers. 2 Sess. 15th Cong. No. 65. FUGITIVES PAID FOR. 53 Compensation for fugitive slaves, obtained by the Federal Government. The presence of British armed vessels in our southern waters, during the last war, afforded an opportunity to many of the slaves to escape from bondage. In 1814, and while the war was raging in all its fury, commissioners were appointed to treat of peace, and instructions were given to them as to the stipulations to be inserted Jn the treaty. These instructions contain the following remarka- ble passage. " The negroes taken from the south- ern States should be returned to their owners, or paid for at their full value. If these slaves were considered as non-combatants, they ought to be restored : if as property, they ought to be paid for." Moreover, this stipulation is expressly in- cluded " in the conditions on which you are to insist in the proposed negotiations." — Letter of instructions from Mi\ Monroe, Sec'y of State, 28th January y 1814.* Thus we see that not even the calamities of war, could divert the attention of the Federal Government form the peculiar interests of the slaveholders. The commissioners were faithful * American State papers. Vol. IX. p. 36-4. 5* 54 NEGOTIATION FOR PAYMENT to the charge thus given to them ; and in the treaty concluded at Ghent, adroitly provided for the restoration of slaves ; and in such obscure terms as ultimately secured a far more extensive concession than the British negotiators had any intention of making. The 1st Article is as follows: "All territory, places and possessions whatever, taken from either party, by the other during the war, or which may be taken after the signing of this treaty, shall be restored without delay ; and without causing any destruction or carrying away of the artillery or other public property originally captured in said forts or places, and which shall remain upon the exchange of the ratifications of this treaty, or any slaves or other private property." The treaty was ratified at Washington on the 17th February ; and six days after, three commis- sioners appointed by the government appeared in the Chesapeake, authorized to demand and receive the slaves on board the British squadron still in our waters. Captain John Clarelle happened to be at the moment in command of the British forces, and he positively refused to give up a single fugitive ; contending that the stipulation in the treaty rela- ted only to slaves " originally captured in forts or OF FUGITIVE SLAVES. 55 places," and remaining in such forts or places at the exchange of the ratifications, and had no re- ference to slaves who had voluntarily sought pro- tection on board British vessels. A few days after, Admiral Cockburn arrived, and a similar demand was made upon him. He also refused to surrender any fugitives, as such were not intended in the treaty, but gave up 80 slaves which were found on Cumberland Island at the time that place was captured, and who had not been removed previous to the exchange of ratifications ; this being a case directly within the true meaning and intention of the treaty. The Secretary of State then applied to the British Charge d'Affaires at Washington, requesting him to direct the Naval Commanders in the Chesa- peake to give up the fugitives on board their ves- sels ; but Mr. Baker declined interfering, taking the same view of the article as the Admiral had done. In the meantime, the squadron had sailed for Bermuda. The Government, tracking the scent of a fugitive with blood-hound keenness, forthwith despatched an agent to Bermuda in pursuit, to demand the negroes of the Governor. The worthy Englishman, nettled at a requisition so derogatory to the honour of his country, repli- ed, " he would rather Bermuda, with every man, 56 NEGOTIATION FOR PAYMENT woman, and child in it, were sunk under the sea, than surrender one slave that had sought protec- tion under the flag of England." The Agent, (Thomas Spalding) nothing daunt- ed, now assumed the diplomatist, and addressed a long argumentative despatch to Admiral Grif- fith, commanding on the Bermuda Station, de- manding the fugitives, and promising to furnish him with a particular list of the slaves claimed, which he expected to receive in a few days from the United States. The Admiral very cavalierly assured Mr. Spalding that it was quite unneces- sary for him to wait at Bermuda for the expected document, since there was, neither at Bermuda nor any other British island or settlement, any authority " competent to deliver up persons who during the late wars, had placed themselves un- der the protection of the British flag."* From British Governors and Admirals, our Go- vernment now turned to the British Cabinet, and found that there also it was held a point of hon- our to keep faith, even with runaway slaves. Lord Castlereagh declared that the Government never would have assented to a treaty requiring the surrender of persons who had taken refuge ♦State papers — 14th Cong. 2d Sess. — Senate documents » No. 82. OF FUGITIVE SLAVES. 57 under the British Standard. Again was the de- mand made, and again was it unequivocably re- jected. Bat the administration refused to yield, and insisted on a reference of the question to the decision of a friendly power, and named the Em- peror of Russia as umpire. After tedious nego- ciation, this point was carried ; and in 1818, a convention was concluded at London, submitting the true construction of the treaty to the Empe- ror, who decided in favour of the slaveholders. It now became necessary to determine how the number of the slaves, and their value, should be ascertained. Another negotiation ensued, which resulted in a second convention, by which it was agreed that each party should appoint a certain number of Commissioners, who should form a Board to sit at Washington, to receive and liqui- date the claims of the masters. But difficulties soon arose. The American Commissioners insisted on interest* which the others refused to allow. Negotiations again commenced, till at last the British Cabinet, wearied with the pertinacity of the American Government, and sick of the con- troversy, entered into a third convention, (13th JNov. 1836) by which the enormous sum of one MILLION TWO HUNDRED AND FOUR THOUSAND DOL- LARS was paid and received in full of all demands. 58 DEMAND OF PAYMENT Thus after a persevering negotiation, conduct- ed for twelve years, at Washington, in the Chesa- peake Bay, at Bermuda, at London, and at Pe- tersburgh, did our Government succeed in obtain- ing most ample compensation for the fugitives. Commissioners were then appointed to distribute this sum ; and after fixing an average value on each slave proved to have been carried away, it was found that a surplus still remained ; and this surplus was divided among the masters ! Having now T seen the success that attended the pursuit of fugitive slaves, let us next witness the Efforts of the Federal Government to reco- ver SHIPWRECKED 8LAVES. Considering the extent of the American slave- trade, it is not surprising that our slaves are oc- casionally driven out of their course ; and are sometimes wrecked upon the dangerous reefs abounding in the neighbouring Archipelago. On the 3d Jan. 1831, the Brig Comet, a regular slaver from the District of Columbia, on her usual voyage from Alexandria to New-Orleans, with a cargo of 164 slaves, was lost off the Island of Abaco. The slaves were saved, and carried into New-Providence, where they were set at liberty FOR SHIPWRECKED SLAVES. 59 by the authorities of the Island. A portion of the cargo, (146 head) was insured at New-Or- leans for 671,330. On the 4th Feb. 1833, the Brig Encomium, from Charleston to New-Orleans with 45 slaves, was also wrecked near Abaco, and the slaves car- ried into New-Providence, where, like their prede- cessors, they were declared to be free. In Feb. 1835, the Enterprise, another regular sla- ver from the National Domain, on her voyage to Charleston, with 78 slaves, was driven into Bermu- da in distress. The passengers, instead of being thrown into prison as Bermudians would have been in Charleston under similar circumstances, were hospitably treated, and permitted to go at large. These successive and unexpected transmutations of slaves into freemen, roused the ready zeal of the Federal Government. Directly on the loss of the Comet, instructions were sent from Wash- ington to our Minister, to demand of the British Government the value of the cargo. In 1832» another despatch was forwarded on the subject. The instructions were again renewed in 1833. the Secretary of State remarking, this case " must be brought to a conclusion — the doctrine that would justify the liberation of our slaves, is too 60 DEMAND OF PAYMENT dangerous to a large section of our country to be tolerated." In 1834, fresh instructions were sent, and a de- mand ordered to be made for the value of the slaves in the Encomium. In 1835, similar instructions were sent relative to the Enterprise. In 1836, the instructions were renewed ; the Secretary observing to Mr. Stevenson, "In the present state of our diplomatic relations with the Government of His Britanic Majesty, the most im- mediately pressing of the matters with which the United States' Legation at London is now charg- ed, is the claim of certain American citizens against Great Britain for a number of slaves, the cargoes of three vessels wrecked in British Isl- ands in the Atlantic." Thus for six successive years did the Cabinet at Washington keep sending despatches to their agents in England, urging them to obtain payment from Great Britain for these cargoes of human flesh. Nor were those agents remiss or reluctant in fulfilling their instructions. Numerous were the letters addressed to the British Secretary, claiming either the restoration of the slaves, or their equivalent in money. From a long and laboured communication from FOR SHIPWRECKED SLAVES. 61 Mr. Stevenson to Lord Palmerston, we extract the following morceau. "The undersigned feels assured that it will only be necessary to refer Lo d Pa'merston to the provisions of the Constitution of the United States, and the laws of many of the States, to satisfy him of the existence of slavery, and that slaves are there regarded and protected as prop- erty : that by these laws, there is in fact no dis- tinction in principle between property in persons and property in things ; and that the Government have more than once, in the most solemn manner, determined that slaves killed in the service of the United States, even in a state of war, were to be regarded as property, and not as persons ; and the Government held responsible for their value" No answer having been vouchsafed to this let- ter, and the argument being exhausted, Mr. Ste- venson tried the virtue of a diplomatic hint that the United States would go to war for their slaves ; expressing his hope in a letter to Lord Palmerston, that the British Government would " not longer consent to postpone the decision of a subject which had been for so many years under its consideration ; and the effect of which can be none other than to throw not only additional im- pediments in the way of an adjustment, and in- 6 62 SHIPWRECKED SLAVES. crease those feelings of dissatisfaction and irrita- tion which have already been excited ; but by possibility tend to disturb and weaken the kind and amicable relations which now so happily subsist between the two countries, and on the preservation of which, so essentially depend the interests and happiness of both." — (Letter of 31st December, 1836.) How this hint was received we are not inform- ed ; but it is certainly not creditable to the Brit- ish Government, that instead of a prompt and frank refusal lo deliver into cruel and perpetual bondage, innocent men who had providentially been thrown under its protection, or to estimate their value in pounds, shillings, and pence, it had, at our last accounts, avoided giving a decided an- swer to the demands of the Washington Cabinet, under pretence of taking the opinion of the law officers of the crown. The negotiation was made public in conse- quence of a call by the Senate on the President (7th Feb. 1837) for a copy of the "Correspon- dence with the Government of Great Britain in relation to the outrage committed on our flag and the rights of our citizens, by the authorities of Bermuda and New-Providence, in seizing the slaves on board the Brig 'Encomium' and 'En- AMERICAN SLAVE TRADE. G3 terprise,' engaged in the coasting trade, but which were forced by shipwreck and stress of weather into the ports of those Islands." The language of this resolution, indicates the influence exerted by slavery over the Federal Government. Should a murderer escape from England and land on our shores, we refuse to surrender him to the justice of his country ; but when the West India authorities refuse to deliver two hundred and eighty-seven innocent men, wo- men, and children, thrown by the tempest under their protection, into hopeless interminable slavery, the Senate solemnly pronounce the refusal to be an outrage on our flag, and the rights of our citi- zens. Moreover, the liberation of these persons is spoken of as a seizure of them, and the slavers carrying human cargoes to market, are most au- daciously declared to have been engaged in the coasting trade ! The real trade in which these vessels were engaged, was The American Slave Trade under the pro- tection AND REGULATION OF THE FEDERAL Government. We shall first exhibit the character and extent of this trade, and then show that it is in fact car- 64 AMERICAN SLAVE TRADE. ried on under the protection and regulation of the Federal Government. The competition of free with slave labour in the bread stuffs and some other productions of Maryland, Virginia, and North Carolina, have greatly reduced the value of slaves as labourers in those States ; and hence the disposition mani- fested there some years since, to get rid of this unprofitable portion of their population. But the rapid extension of the cotton and sugar cultivation in the extreme South, together with the settle- ment of the new States of Alabama, Mississippi' Missouri, and Arkansas, occasioned a prodigious demand for slaves ; and the agriculturists of Vir- ginia and the neighbouring States discovered that their most lucrative occupation was that of raising live stock for the southern and western markets. In Georgia and South Carolina, it has also been found more advantageous to export their supernu- meraries to Mobile, New-Orleans, or Natchez, than to employ them on their already well-stocked plantations. Hence has grown up an almost in- credible transfer of slaves from the North to the South ; and recently a new market has been opened in Texas, giving an additional stimulus to the trade. It is impossible to ascertain the exact amount of this trade, as the Secretary of the AMERICAN SLAVE TRADE. 65 Treasury in his annual report on the commercial statistics of the United States, has never included any statements respecting this branch of the "coasting trade." But indeed, the returns from the several Custom-Houses of the size and value of the human cargoes cleared for the southern ports, if given, would afford a very inadequate idea of the extent of the traffic, since it is carried on by land as well as by sea. Whole coffles of chained slaves are driven long and painful journeys in the interior of the Republic, much in the same man- ner as in the wilds of Africa. The Rev. Mr. Dickey, in a published letter thus describes a coffle he met on the road in Kentucky : — "I discovered about forty black men all chained together in the following manner : each of them was handcuffed, and they were arranged in rank and file ; a chain perhaps forty feet long was stretched between two ranks, to which short chains were joined, which connected with the handcuffs. Behind them were, I suppose, thirty women in double rank, the couples tied hand to hand." J. K. Paulding, the present Secretary of the Navy, gives the following picture of a scene he witnessed in Virginia : "The sun was shining out very hot, and in turning an angle of the road we encountered the 6* 66 AMERICAN SLAVE TRADE. following group : first, a little cart drawn by one horse, in which five or six half naked black chil- dren were tumbled like pigs together. The cart had no covering, and they seemed to have been actually broiled to sleep. Behind the cart marched three black women, with head, neck and breasts, uncovered, and without shoes or stockings ; next came three men, bareheaded, half naked, and chained together with an ox chain. Last of all came a white man — a white man, Frank ! — on horseback, carrying pistols in his belt, and who, as we passed him, had the impudence to look us in the face without blushing. I should like to have seen him hunted by blood-hounds. At a house where we stopped a little further on, we learned that he had bought these miserable beings in Maryland, and was marching them in this man- ner to some of the more southern States. Shame on the State of Maryland ! I say — and shame on the State of Virginia ! and every State through which this wretched cavalcade w r as permitted to pass. Do they expect that such exhibitions will not dishonour them in the eyes of strangers, how- ever they may be reconciled to them by education and habit ?"* + " Letters from the South, written during an excursion in the Summer of 1816." New- York, IS 17. Vol. I. Letter XI. p. 117. AMERICAN SLAVE TRADE. 67 As we are about to enter into particulars re- specting the American slave trade, it may not be uninteresting to inquire who are its victims? They are native-born Americans. But of what colour and descent? This will no doubt be deemed It may be thought by some that the elevation to a seat in the Cabinet, of a gentleman who expresses himself with so much warmth and fearlessness against one of the " peculiar institutions of the South," militates against our idea that the influence of the Federal Government is exerted in behalf of slavery. Singular as it may appear, the appointment of Mr. Paulding is nevertheless strongly corroborative of the opinion we have advanced ; and the explanation is at once easy and amusing. The " Letters from the South'' were reprinted in 1835, and form the fifth and sixth volumes of an edition of "Paulding's Works." The letter from which we have quoted consists of fourteen pages, devoted to the subject of slavery. On turning to the corresponding letter in the recent edition we find it shrunk to three pages, containing no allu- sion to the internal trade, nor any thing else that could offend the most sensitive Southerner. In the nineteenth letter as printed in 1817, there is not a word about slavery. In the same letter as published in 1835, we meet with the following most wonderful prediction; a prediction that has lately been cited in the newspa- pers as a proof of the sagacity and foresight of the Secretary of the Navy : — " The second cause of disunion will be found in the slave pop- ulation of the South, whenever the misguided, or wilfully malig- nant zeal of the advocates of emancipation, shall institute as it one day doubtless xoill, a crusade against the constitutional rights of the slave owners, by sending among them fanatical agents and fanatical tracts, calculated to render the slaves disaffected, and the situation of the master and his family dangerous ; when ap- 68 AMERICAN SLAVE TRADE. by many a very unnecessary question ; and no little indignation will probably be excited when we answer that large numbers of these victims are white men and women, and the children of American citizens. peals shall be made under the sanction of religion to the passions of these ignorant and excited blacks, calculated and intended to rouse their worst and most dangerous passions, and to place the very lives of their masters, their wives, and their children, in the deepest peril ; when societies are formed in the sister States for the avowed purpose of virtually destroying the value of this principa item in the property of a southern planter ; when it becomes a question mooted in the legislatures of the States, or of the gene- ral government, whether the rights of the master over his slave shall be any longer recognized or maintained, and when it is at last evident that nothing will preserve them but secession, then will certain of the Stars of our beautiful constellation' start madly from their spheres and jostle the others in their wild career.'" In the title of the new edition, the date of the " excursion" is modestly omitted, but the reader is not informed that the spirit of prophecy descended upon the writer, not while journeying at the South, but while witnessing in New- York the operations of the predicted societies, and after the city had been convulsed by the abolition riots. In 1836, Mr. Paulding published his "Slavery in the United States." In this work both the Old and the New Testament are made to give their sanction to slavery. Great Britain, in abolish- ing slavery in the West Indies, is charged with having "committed robbery under cover of humanity." — (p. 51.) "A community of free blacks rising among the ruins of States, lords of the soil, smoking with the habitations and blood of their exterminated masters and families," would we are assured be only fulfilling " the WHITE SLAVES. 09 People at the North are disposed to be incred- ulous, when they hear of white slaves at the South ; and yet a little reflection would convince them not only that there must be such slaves un- der the present system, but that in process of time, a large proportion of the slaves will be as white as their masters. Were there no other sources of information respecting the complexions of the southern slaves, the newspaper notices of runaways would most abundantly confirm our as- sertion. Of these notices, we give the following as samples. "$100 Reward. — The above reward will be paid for the apprehension of my man William. wishes" of the abolitionists. — (p. 56.) The advocates of immedi- ate emancipation recommend it as asserted, "indiscriminate mar- riages between the whites and blacks:" — (p.61.) and well educated respectable females amongst them are apparently anxious "to be- come the mothers of mulattoes." — (p. 62.) Slavery we are told "is becoming gradually divested of all its harsh features, and is now only the bugbear of the imagination :" — (p. 26.) and Mr. Paulding affirms — " In a residence of several years within the District, and a pretty extensive course of travel in some of the southern States, (the excursion in the summer of 1816, we suppose,) we never saw or heard of any such instances of cruelty. — We sav; no chains, ( !) and heard no stripes." — (p. 168.) We trust our readers are now fully convinced of this gentle- man's qualifications for the office of Secretary of the Navy, and of Mr. Van Buren's consistency in appointing him. 70 AMERICAN SLAVE TRADE. He is a very bright mulatto — straight yellowish hair. 1 have no doubt he will change his name, and try to pass himself for a WHITE MAN, which he may be able to do, unless to a close ob- server. T. S. PlCHARD." August 9. "8100 Reward. — Ranaway from James Hy- hart, Paris, Kentucky, on the 29th June last, the mulatto boy Norton, about fifteen years, a very bright mulatto, and would be taken for a WHITE BOY, if not closely examined. His hair is black and straight, &c. — New-Orleans True American, llth August, 1836." "$100 Reward — Will be given for the appre- hension of my negro (!) Edmund Kenney. He has straight hair, and complexion so nearly WHITE, that it is believed a stranger would suppose there was no African blood in him. He was with my boy Dick a short time since in Nor- folk, and offered him for sale, and was appre- hended, but escaped under pretence of being a WHITE MAN. Anderson Bowles. Richmond Whig, 6th January, 1836." "$50 Reward will be given for the apprehension and delivery to me of the following slaves : Sam- WHITE SLAVES. 71 uel, and Judy his wife, with their four children, be- longing to the estate of S acker Dubberly, dec'd. I will give $10 for the apprehension of William Dubberly, a slave belonging to the estate. Wil- liam is about 19 years old, QUITE WHITE, and would not readily be mistaken for a slave. John T. Lane. Newbern Spectator, ISth March, 1837." "$100 Reward. — Ranavvay from the subscri- ber, a bright mulatto man slave, named Sam. Light sandy hair, blue eyes, ruddy complexion — is so WHITE as very easily to pass for a free WHITE MAN. Edwin Peck. Mobile, April 22, 1837." " $50 Reward. — I will give the above reward of fifty dollars for the apprehension and securing in any jail, so that I get him again, or delivering to me in Dandridge, E. Tenn. my mulatto boy named Preston, about twenty years old. It is supposed he will try to pass as a free WHITE MAN. John Roper. Oct. 12, 1838." " Ranaway from the subscriber, working on the plantation of Col. H. Tinker, a bright mulatto 72 AMERICAN SLAVE TRADE. boy named Alfred. Alfred is about IS years of age, pretty well grown, has blue eyes, light flaxen hair, skin disposed to freckle. He will try to pass as FREE BORN. S. G. Stewart. Green County, Alabama." Mr. Paxton, a Virginia writer, tells us in his work on slavery, that " the best blood in Virginia flows in the veins of the slaves." Dr. Torrey, in his work on domestic slavery in the United States, p. 14, says: "While at a pub- lic house in Fredericktown, there came into the bar-room on Sunday, a decently dressed white man, of quite a light complexion, in company with one who was totally black. After they went away, the landlord observed that the white man was a slave. I asked him with some surprise how that could be possible? To which he replied, that he was a descendant, by female ancestry, of an African slave. He also stated that not far from Fredericktown, there was a slave estate on which there were several white females, as of fair and elegant appearance as white ladies in gene- ral, held in legal bondage as slaves ! /" A Missouri paper, reporting the trial of a slave boy, remarks : " All the physiological marks of dis- WHITE SLAVES. 73 tinction which characterize the African descent, had disappeared. His skin was fair, his hair soft, straight, fine and white, his eyes blue, but rather disposed to the hazel-nut colour, nose prominent^ the lips small and well formed, forehead high and prominent." In the summer of 1835, a slaveholder from Ma- ryland arrested as his fugitive, a young woman in Philadelphia. A trial ensued, when it was most conclusively proved that the alleged slave, Mary Gilmore, was the child of poor Irish parents, and had not a drop of African blood in her veins. A paper printed at Louisville, Ky. the "Em- porium," relates a circumstance that occurred in that city, in the following terms. " A laudable indignation was universally manifested among our citizens on Saturday last, by the exposure of a woman and two children for sale at public auc- tion, at the front of our principal tavern. The woman and children were as white as any of our citizens ; indeed, we scarcely every saw a child with a fairer or clearer complexion than the younger one." — Niles's Register, June, 1821. Mr. Niles tells us in his Register, that Mr. Cal- houn, the late Vice President, had related to him the case of a man " placed on the stand for sale as a slave, whose appearance in all respects gave 7 74 AMERICAN SLAVE TRADE, him a better claim to the character of a WHITE MAN than most persons so acknowledged could show/' — Register, 25th Oct. 1834. We will now attempt to give the reader some idea of the extent of the trade — a trade in which human beings of every shade, from the purest white to the deepest black, are made articles cf merchandise, and treated with cruelty little if any less than that which has made the African slave- trade the execration of the civilized world. " Dealing in slaves/' says the Baltimore Regis- ter, " has become a large business ; establishments are made in several places in Maryland and Vir- ginia, at which they are sold like cattle : these places of deposit are strongly built, and well sup- plied with iron thumb- screws and gags, and or- namented with cowskins and other whips, often- times bloody." The advertisements of the Baltimore traders show T that the Maryland Colonization Society, in their endeavours to suppress the slave trade, may find a field for their labours less distant than the Coast of Africa. We annex some samples. "Austin Woodfolh of Baltimore, wishes to in- form the slaveholders of Maryland and Virginia, that their friend still lives to give cash and the highest price for negroes," &c. MARYLAND. 75 "General Slave Agency Office, — Gentlemen planters from the South and others who wish to purchase negroes, would do well to give me a call. Lewis Scott." " Cash for two hundred Negroes. — The high- est cash prices will be paid for negroes of both sexes, by application to me or my agent at Booth's Garden. Hope H. Slater." " For New-Orleans. — A coppered, copper-fas- tened packet-brig Isaac Franklin, will sail on the 1st Feb. for Baltimore. Those having servants to sltip will do well by making early application to James F. Purvis," &c. Human flesh is now the great staple of Vir- ginia. In the Legislature of this State in 1832 Thomas Jefferson Randolph declared that Vir- ginia had been converted into "one grand menage- rie, where men are reared for the market like oxen for the shambles." This same gentleman thus com- pared the foreign with the domestic traffic. "The trader (African) receives the slaves, a stranger in aspect, language, and manner, from the merchant who brought him from the interior. But here, sir individuals whom the master has known from in- fancy — whom he has seen sporting in the inno- cent gambols of childhood — who have been ac- 76 AMERICAN SLAVE TRADE. customed to look to him for protection, he tears from the mother's arms, and sells into a strange country, among a strange people, subject to cruel taskmasters. In my opinion it is much worse.' 1 Mr. C. F. Mercer asserted in the Virginia Convention of 1829, " The tables of the natural growth of the slave population demonstrate, when compared with the increase of its numbers in the Commonwealth for twenty years past, that an annual revenue of not less than a million and a half of dollars is derived from the exportation of a part of this population." — Debates, p. 99. Professor E. A. Andrews gives a conversation he had with a trader on board a steam-boat on the Potamac, in 1835. "In selling his slaves, N assures me he never separates families ; but that in purchasing them he is often compelled to do so, for that his business is to purchase, and he must take such as are in the market. Do you often buy the wife without the husband ? Yes, very often ; and frequently, too, they sell me the mother, while they keep the children. I have often known them take away the infant from the mother's breast, and keep it, while they sold her. Children from one to eighteen months old, are now worth about one hundred dollars." ' * Slavery and the domestic slave trade in the United States, p. 417. VIRGINIA. 77 The town of Petersburg in Virginia, seems to onjoy a large share of this commerce, judging from the advertisements of its merchants. " Cash for Negroes. — The subscribers are par- ticularly anxious to make a shipment of negroes shortly. All persons who have slaves to part with, will do well to call as soon as possible. Overly & Saunders." " The subscriber being desirous of making an- other shipment by the Brig Adelaide to New-Or- leans, on the first of March, will give a good mar- ket price for fifty negroes from ten to thirty years old. Henry Davis." " The subscriber wishes to purchase one hun- dred slaves, of both sexes, from the age of ten to thirty, for which he is disposed to give much higher prices than have heretofore been given. He will call on those living in the adjacent coun- ties to see any property. Ansley Davis." But of all the Virginia merchants, Mr. Collier of Richmond, seems to be the most enterprising. We give extracts from his "Notice. — This is to inform my former ac- 7* 78 AMERICAN SLAVE TRADE. quaintances, and the public generally, that I yet continue in the SLAVE TRADE, at Richmond, Virginia, and will at all times buy and give a fair market price for young negroes. Persons in this State, Maryland, or North Carolina, wishing to sell lots of negroes, are particularly requested to forward their wishes to me at this place. Per- sons wishing to purchase lots of negroes, are re- quested to give me a call, as I keep constantly on hand at this place, a great many for sale ; and have at this time the use of one hundred young negroes, consisting of boys, young men, and girls. I will sell at all times at a small advance on cost, to suit purchasers. I have comfortable rooms with a jail attached, for the reception of the ne- groes ; and persons coming to this place to sell slaves, can be accommodated, and every attention necessary will be given to have them well attended to ; and when it may be desired, the reception of the company of gentlemen dealing in slaves, will conveniently and attentively be received. My situation is very healthy and suitable for the bu- siness. Lewis A. Collier." Joseph Wood of Hamburg, South Carolina, a " gentleman dealing in slaves," advertises that he VIRGINIA. 79 "has on hand a likely parcel of Virginia negroes and receives new supplies every fifteen days." And what are the pecuniary results of this commerce ? Mr. Mercer, as we have seen, esti. mated the annual revenue to Virginia from the export of human flesh, at one million and a half of dollars. But this was in 1829, before the trade had reached its present palmy state. "The Virginia Times," in 1836, in an article on the im- portance of increasing the banking capital of the Commonwealth, estimates the number of slaves exported for sale the " last twelve months," at forty thousand ; each slave averaging six hun- dred dollars, and thus yielding a capital of twen- ty-four millions, of which the Editor thinks, at least thirteen millions might be contributed for banking purposes.* Let us now visit the " Metropolis of the Na- tion," the very heart of this mighty commerce in the bodies and souls of men. The District of Co- lumbia, from its relative situation to the breeding States, forms a convenient depot for the negroes, previous to their exportation ; and the non-inter- ference of Congress, gives the traders "under the exclusive jurisdiction " of the Federal Govern- ment, as unlimited power over the treatment and * JNiles's Register. 80 AMERICAN SLAVE TRADE. stowage of their human cargoes, as their brethren enjoy, on the coast of Guinea. Hence large establishments have grown up up- on the national domain, provided with prisons for the safe-keeping of the negroes till a full cargo is procured ; and should at any time the factory prisons be insufficient, the public ones, erected by Congress, are at the service of the dealers, and the United States Marshal becomes the agent of the slave trader ! It must be admitted, that the following pictures of the scenes witnessed in the District of Colum- bia, are drawn by impartial hands. So long ago as 1802, the grand jury of Alexandria complain- ing of the trade, remarked : " These dealers in the persons of our fellow-men, collect within this dis- trict from various parts, numbers of these victims of slavery, and lodge them in some place of con- finement until they have completed their numbers. They are then turned out into our streets, and ex- posed to view loaded with chains, as though they had committed some heinous offence against our laws. We consider it as a grievance that citizens from a distant part of the United States, should be permitted to come within the District, and pursue a traffic fraught with so much misery to a class of beings entitled to our protection, by the DISTRICT OF COLUMBIA. 81 laws of justice and humanity ; and that the inter- position of civil authority cannot be had to pre- vent parents being wrested from their offspring, and children from their parents, without respect to the ties of nature. We consider these griev- ances demanding legislative redress:" — that is, redress by Congress. In 1816, Judge Morell of the Circuit Court of the United States, in his charge to the grand jury of Washington, observed, speaking of the slave trade : " The frequency with which the streets of the city had been crowded with manacled captives, sometimes on the Sabbath, could not fail to shock the feelings of all humane persons." The same year, John Randolph moved in the House of Representatives for a committee "to in- quire into the existence of an inhuman and ille- gal traffic of slaves carried on, in, and through the District of Columbia, and report whether any or what measures are necessary for putting a stop to the same." The motion was adopted ; had it been made twenty years later, it would under the rules of the House, have been laid on the table. " and no further action had thereon." The Alexandria Gazette of June 22nd, 1827, thus describes the scenes sanctioned by our pro- fessedly republican and Christian Legislature : 82 AMERICAN SLAVE TRADE. " Scarcely a week passes without some of these wretched creatures being driven through our streets. After having been confined, and some- times manacled in a loathsome prison, they are turned out in public view to take their departure for the South. The children and some of the women are generally crowded into a cart or wag- on, while others follow on foot, not unfrequently handcuffed and chained together. Here you may behold fathers and brothers leaving behind them the dearest objects of affection, and moving slowly along in the mute agony of despair — there the young mother sobbing over the infant whose in- nocent smiles seem but to increase her misery. From some you will hear the burst of bitter la- mentation, while from others, the loud hysteric laugh breaks forth, denoting still deeper agony." In 1828, a petition for the suppression of this trade was presented to Congress, signed by more than one thousand inhabitants of this District. In 1829, the Grand Jury of Washington made a communication to Congress, in which they say, " Provision ought to be made to prevent purcha- sers for the purpose of removal and transporta- tion, from making the cities of the District, depots for the imprisonment of the slaves they collect. The manner in which they are brought and con- DISTRICT OF COLUMBIA. 83 fined in these places, and carried through our streets, is necessarily such as to excite the most painful feelings. It is believed that the whole community would be gratified by the interference of Congress for the suppression of these recepta- cles, and the exclusion of this disgusting traffic from the District." In 1830, the "Washington Spectator" thus gave vent to its indignation. " The slave trade in the Capital. — Let it be known to the citizens of America, that at the very time when the procession which contained the President of the United States and his Cabinet was marching in triumph to the Capitol, another kind of procession was marching another way ; and that consisted of coloured human beings, hand-cuffed in pairs, and driven along by what had the appearance of a man on horseback ! A similar scene was repeated on Saturday last ; a drove consisting of males and females, chained in couples, starting from Holy's tavern on foot for Alexandria, where with others they are to em- bark on board a slave ship in waiting to convey them to the South. Where is the O'Connell in this Republic that will plead for the emancipation of the District of Columbia ?" The advertisements of the dealers, indicate the 84 AMERICAN SLAVE TRADE. extent of the traffic. The National Intelligencer of the 28th March, 1836, printed at Washington, contained the following advertisements. " Cash for jive hundred Negroes, including both sexes, from ten to twenty-five years of age. Per- sons having likely servants to dispose of, will find it their interest to give us a call, as we will give higher prices in cash, than any other purcha- ser who is now or may hereafter come into the MARKET. Franklin & Amfield, Alexandria." " Cash for three hundred Negroes. — The high- est cash price will be given by the subscriber, for negroes of both sexes, from the ages of twelve to twenty-eight. William H. Williams, Washington." " Cash for four hundred Negroes, including both sexes, from twelve to twenty-five years of age. James II. Birch, Washington City." " Cash for Negroes. — We will at all times give the highest prices in cash for likely young negroes of both sexes, from ten to thirty years of age. J. W. Neal & Co. Washington." AMERICAN SLAVE TRADE. 85 Here we find three traders in the District, ad- vertising in one day for twelve hundred negroes, and a fourth offering to buy an indefinite num- ber. In a later number of the Intelligencer, we find the following. " Cash for Negroes. — I will give the highest price for likely negroes from ten to twenty-five years of age. George Kephart." " Cash for Negroes. — I will give cash and liberal prices for any number of young and likely negroes, from eight to forty years of age. Persons having negroes to dispose of will find it to their advantage to give me a call at my residence on the corner of Seventh-street and Maryland Ave- nue, and opposite Mr. William's private jail. William H. Richards." u Cash for Negroes. — The subscriber wishes to purchase a number of negroes for the Louisia- na and Mississippi market. Himself or an agent at all times can be found at his jail, on Seventh- street. Wm. H. Williams." The unhappy beings purchased by these tra- ders in human flesh, men and women, and chil- dren of eight years old, are sent to the South, 8 86 DISTRICT OF COLUMBIA. either over land in coffles, or by sea, in crowded slavers. Fostered by Congress, these traders lose all sense of shame ; and we have in the National Intelligencer, the following announcement of the regular departure of three slavers, belonging to a single factory. " Alexandria and New-Orleans Packets. — Brig Tribune, Samuel C. Bush, master, will sail as above on the 1st January — Brig Isaac Franklin, Wm. Smith, master, on the 15th January — Brig Uncas, Nath. Boush, master, on the 1st February. They will continue to leave this port on the 1st and 15th of each month, throughout the shipping season. Servants that are intended to he shipped, will at any time he received for safe-keeping at twenty-five cents a day. John Amfield, Alexandria." This infamous advertisement of the regular sailing of three slavers, and the offer of the use of the factory prison, appears in one of the principal journals of the United States. Its proprietor has several times been chosen printer to Congress, and there is no reason for believing that he has ever lost the vote of a northern member for this prostitution of his columns. But the climax of infamy is still untold. This AMERICAN SLAVE TRADE. 87 trade inblood ; this buying, imprisoning, and export- ing of boys and girls eight years old ; this tearing asunder of husbands and wives, parents and chil- dren, is all legalized in virtue of authority delega- ted by Congress ! ! The 240th page of the laws of the city of Washington, is polluted by the follow- ing enactment, bearing date 28th July, 1831. " For a license to trade or traffic in slaves for profit, four hundred dollars." Such is the character and extent of the Amer- ican slave trade, impudently and wickedly called by the Senate, "the coasting trade/' — a trade protected and regulated by the very government which in the Treaty of Ghent, with wonderful assurance, declared that "the traffic in slaves is irreconcileable with the principles of justice and humanity." The government may be fairly said to protect the trade, when it refuses to exercise its constitu- tional power to suppress it. The very fact that slave traders arelicensed in the District, is a full and complete acknowledgement that there is authority competent to forbid their nefarious business. The continuance of the traffic under the immediate and " exclusive jurisdiction" of the National Gov- ernment, stamps with sin and disgrace every member of Congress who assents to it ; and more 88 AMERICAN SLAVE TRADE. especially, and with peculiar infamy, those north- ern members who, for party purposes, vote that "Congress ought not in any way to interfere with slavery in the District of Columbia." But we are constantly told by the apologists of slavery that the American slave trade is beyond the constitutional control of the Federal Govern- ment ; yet that government abolished the African slave trade, and no human being ever questioned its right to do so ? But whence was that right derived ? Solely from the 8th Sec. of the 1st Art. of the Constitution, viz: — " Congress shall have power to regulate com- merce with foreign nations, and among the several States." In virtue of this delegation of power, Congress has made it a capital crime to carry on commerce in African slaves. Now that this legislative pro- hibition of the traffic is constitutional, is proved by the highest possible authority, even the Constitu- tion itself; for that instrument, after giving Con- gress power to regulate commerce with foreign nations, restricts it from abolishing the African slave trade before the expiration of twenty years.* * The phraseology of this restriction shows that it was intended to limit the power to regulate commerce as well "among the sevc- AMERICAN SLAVE TRADE. 89 To regulate, we are told, does not include the power to destroy ; yet it seems the power to regulate commerce with foreign nations does in- clude the power to interdict an odious, cruel, and wicked branch of it. By what logic then will it be shown that the power to regulate the commerce among the several States, does not include the power to interdict a traffic in men, women, and children? Is it more wicked, more base, more cruel, to traffic in African savages than in native born Americans — in white men, and women and children — in the offspring of our own citizens, and not unfrequently, of very distinguished citi- zens? Yet it is this abominable commerce that our government fosters and protects. We have seen its watchful guardianship over this trade in its unceasing endeavours to obtain compensation from Great Britain for 287 slaves thrown by the winds and waves under her protection. Mr. Van ral States" as with foreign nations. " The migration, or importa- tion of such persons as any of the existing States shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight." — (Art. I. Sec. 9.) If any State should think proper to admit slaves migrating from another State, it was not to be restrained from doing so till 1808. If it should think proper to import slaves from a foreign country, it might do so notwithstanding the wishes of Congress, till the same period. 8* 90 AMERICAN SLAVE TRADE. Buren, our Minister in England, in an official note on this subject, (Feb. 25, 1832,) remarked : — " The Government of the United States respect- ing the actual and unavoidable condition of things at home, while it most sedulously and rigorously guards against the further introduction of slaves, protects at the same time by reasonable laws the rights of the owners of that species of property in the States w T here it exists, and permits its transfer coastwise from one of these States to another,under suitable restrictions to prevent the fraudulent intro- duction of foreign slaves." By the act of Congress of 2d March, 1807, masters of vessels under 40 tons burthen, are for- bidden to transport coastwise from one port to another in the United States any person of colour to be sold or held as a slave, under the penalty of 8800 for each slave so transported. By the same act, masters of vessels, over 40 tons burthen sailing coastwise from one port to another, and intending to transport persons of colour to be sold or held as slaves, must first make out duplicate manifests, specifying the names, sex, age, and stat- ure, of the persons transported, and the names and residence of their owner or shipper. These manifests are to be delivered to the collector of the port who is to retain one, and to return the DUPLICITY OF THE FEDERAL GOVERNMENT. 91 other to the master with " a permit" endorsed on it, " authorizing him to proceed to the port of des- tination." If the master presumes to transport a slave without such permit, not only is the vessel forfeited, but the master is to pay a penalty of $1000 for each slave shipped. On the arrival of the vessel at the port of destination, the manifest, with the permit, is to be handed to the collector, who thereupon is to grant a "permit" for the land- ing of the slaves, and if any are landed without such permit, the master forfeits one thousand dol- lars. So it seems Congress may prohibit the slave trade in vessels under forty tons ; but according to northern politicians, it would be unconstitutional to prohibit it in vessels over forty tons ; and ac- cording to the slaveholders, such a prohibition would cause the dissolution of the Union ! But alas ! the permission, regulation, and protection of this traffic is in perfect keeping with The duplicity of the Federal Government in regard to the suppression of the afri- can slave trade. The great struggle for the abstract principles of human liberty, in which our fathers engaged with so much zeal, had, at the close of the revolutionary 92 DUPLICITY OF THE FEDERAL GOVERNMENT. war, excited a very general conviction of the in- justice of slavery. When the convention appointed to form a Federal Constitution assembled, the northern and many of the southern delegates were disposed to give the new government such unquali- fied power over the commerce of the nation, as would enable it to abolish a traffic no less at vari- ance with our republican professions than with the precepts of humanity and religion. A portion of the southern delegates however, insisted on a tem- porary restriction of this power as the price of their adhesion to the Union ; and their threat of marring the beauty, symmetry, and strength of the fair fabric about to be erected by withdraw- ing from it the support of the States they represent- ed, unfortunately induced the convention to yield to their wishes, and to insert in the constitution a clause restraining Congress from abolishing the African slave trade for twenty years. Mr. Madi- son has left us the following history of this iniqui- tous clause. "The southern States would not have entered into the union of America without the temporary permission of that trade. The gentlemen from South Carolina and Georgia, ar- gued in this manner — 'We have now liberty to import this species of property, and much of the property now possessed has been purchased, or DUPLICITY OF THE FEDERAL GOVERNMENT. 93 otherwise acquired in contemplation of improving it by the assistance of imported slaves. What would be the consequence of hindering us from it ? The slaves of Virginia would rise in value and we should be obliged to go to your markets/ " — Debates in Virginia Convention. We have here the solution of much contradictory action on the part of slaveholders in regard to this trade. It seems to have been early discovered that its abolition would be advantageous to the slave-breeders, but not to the slave buyers. Ow- ing to climate, soil, and productions, slave labour is less profitable in Maryland and Virginia, than in the more southern States ; hence, the greater demand for this labour in the latter States has, since the cessation of importation, caused a con- stant influx of slaves from the former. The breed- ers in Maryland and Virginia have, for the most part, striven in good faith for the total suppression of the African trade ; while those who originally refused to enter the Union unless permitted for at least twenty years, to import their slaves directly from Africa, have since evinced very little desire to secure to their neighbours the monopoly of the market. Whenever the opponents of Abolition find it convenient to refer to the action of the Federal 94 DUPLICITY OF THE FEDERAL GOVERNMENT. Government on the subject of slavery, they laud and magnify its horror of the African slave trade, and exultingly point to the law of Congress, brand- ing it with the penalties of piracy. And yet we are inclined to believe, that the conduct of our government in relation to this very subject, is one of the foulest stains attached to our national ad- ministration. Has the trade been suppressed ? Has the Federal Government in good faith endeav- oured to suppress it? These are important ques- tions, and we shall endeavour to solve them by an appeal to facts and official documents. In a debate in Congress in 1819, Mr. Middle- ton of South Carolina, stated, that in his opinion, 13,U00 Africans were annually smuggled into the United States. Mr. Wright of Virginia, estima- ted the number at 15,000 ! The same year, Judge Story of the Supreme Court of the United States, in a charge to a Grand Jury, thus expresses him- self: — " We have but too many proofs from un- questionable sources, that it (the African trade) is still carried on with all the implacable ferocity and insatiable rapacity of former times. Avarice has grown more subtle in its evasions, and watch- es and seizes its prey with an appetite quickened rather than suppressed by its guilty vigils. Ame- rican citizens are steeped to their very mouths, (I DUPLICITY OF TIIE FEDERAL GOVERNMENT. 95 can scarcely use too bold a figure,) in this stream of iniquity." On the 22d Jan. 1811, the Secretary of the Navy wrote to the commanding naval officer at Charleston. " I hear, not without great concern, that the law prohibiting the importation of slaves, has been violated infrequent instances, near St. Mary's, since the gun-boats have been withdrawn from that station." On the 14th March, 1814, the Collector of Da- rien, Georgia, thus wrote to the Secretary of the Treasury: — "I am in possession of undoubted information, that African and West India negroes are almost daily illicitly introduced into Georgia, for sale or settlement, or passing through it to the territories of the United States, for similar pur- poses. These facts are notorious, and it is not unusual to see such negroes in the streets of St. Mary, and such too, recently captured by our ves- sels of war, and ordered for Savannah, were il- legally bartered by hundreds in that city, for this bartering (or bonding, as it is called, but in reality selling,) actually took place before any decision has passed by the Court respecting them. I can- not but again express to you, sir, that these irreg- ularities, and mocking of the laws by men who understand them, are such that it requires the 96 DUPLICITY OF THE FEDERAL GOVERNMENT. immediate interposition of Congress to effect the suppression of this traffic ; for as things are, should a faithful officer of the Government apprehend such negroes, to avoid the penalties imposed by the laws, the proprietors disclaim them, and some agent of the Executive demands a delivery of the same to him, who may employ them as he pleases, or effect a sale by way of bond for the restoration of the negroes when legally called on so to do, which bond is understood to be forfeited, as the amount of the bond is so much less than the value of the property. After much fatigue, peril, and expense, eighty-eight Africans are seized and brought to the Surveyor to Darien ; they are de- manded by the Governor's agent. Notwithstand- ing the knowledge which his Excellency had that these very Africans were some weeks within six miles of his Excellency's residence, there was no effort, no stir made by him, his agents or subor- dinate State officers, to carry the laws into exe- cution ; but no sooner than it was understood that a seizure had been effected by an officer of the United States, a demand is made for them ; and it is not difficult to perceive, that the very aggres- sors may, by a forfeiture of the mock bond, be again placed in possession of the smuggled prop- erty." IMPORTATION OF AFRICANS. 97 In 1817, General David B. Mitchell, Governor of Georgia, resigned the Executive chair, and ac- cepted the appointment under the Federal Gov- ernment, of Indian Agent at the Creek Agency. He was afterwards charged with being concerned in the winter of 1817 and 1818, in the illegal im- portation of Africans. The documents in support of the charge, and those also which he offered to disprove it, were placed by the President in the hands of Mr. Wirt, the Attorney General of the United States, who on the 21st January, 1821, made a report on the same. From this report, it appears that no less than 94 Africans were smug- gled into Georgia, and carried to Mitchell's resi- dence. Mr. Wirt concludes his report with the expression of his conviction, " that Gen. Mitchell is guilty of having prostituted his power as Agent for Indian Affairs at the Creek Agency, to the purpose of aiding and assisting in a conscious breach of the Act of Congress of 1807, in prohi- bition of the slave trade, and this from mercenary motives."* On the 22d M#y, 1817, the Collector at Sa- vannah, wrote to the Secretary of the Treasury : " I have just received information from a source on which I can implicitly rely, that it has already * Senatejpapors, 1st Session, 17th Cong. No. 93. 9 98 IMPORTATION OF AFRICAN!?, become the practice to introduce into the State of Georgia across St. Mary's River, from Amelia Isl- and, E. Florida, Africans who have been carried in- to the port of Ferdinanda. It is further under- stood, that the evil will not be confined altogether to Africans, but will be extended to the worst class of West India slaves. 9 ' Captain Morris of the Navy, informed the Sec- retary of the Navy, (18th June, 1817) — " Slaves are smuggled in through the numerous inlets to the westward, where the people are but too much disposed to render every possible assistance. Sev- eral hundred slaves are now at Galveston, and persons have gone from New-Orleans to purchase them." On the 17th April, 1818, the Collector at New- Orleans, wrote to the Secretary of the Treasury ; " No efforts of the officers of the Customs alone, can be effectual in preventing the introduction of Africans from the westward : to put a stop to that traffic, a naval force suitable to those waters is indispensable ; and vessels captured with slaves ought not to be brought into this .port, but to some other in the United States, for adjudication." We may learn the cause of this significant hint, from a communication made the 9th July, in the same year, to the Secretary, by the Collector at Nova- IMPORTATION OF AFRICANS. 99 Iberia. "Last summer I got out State warrants, and had negroes seized to the number of eigh- teen, which were part of them stolen out of the custody of the coroner ; the balance were con- demned by the District Judge, and the informers received their part of the nett proceeds from the State Treasurer. Five negroes that were seized about the same time, were tried at Opelousa in May last, by the same judge. He decided that some Spaniards that were supposed to have set up a sham claim, stating that the negroes had been stolen from them on the high seas, (!!) should have the negroes, and that the persons who seized them should pay half the costs, and the State of Louisi- ana the other. This decision had such an effect as to render it almost impossible for me to ob- tain any assistance in that part of the country." The Secretary of the Treasury, in a letter to the Speaker of the House of Representatives, 20th January 1819, remarked : — "It is understood that proceedings have been instituted under the State authorities which have terminated in the sale of persons of colour illegally imported into the States of Georgia and Louisiana, during the years 1817 and 1818. There is no authentic copy of the acts of the Legislatures of these States upon this sub- ject in this department, but it is understood that 100 IMPORTATION OF AFRICANS. in both States, Africans and other persons of colour, illegally imported, are directed to be sold FOR THE BENEFIT OF THE STATE."* We have now, we think, proved from high author- ity, that notwithstanding the legal prohibition of the slave trade, the people, the courts, and the Execu- tive authority in the planting States, have afford- *In 1835, the New- York Journal of Commerce asserted that vessels had been recently fitted out in that port for the African slave trade. The Boston Express of 17th December, 1838, thus gives the substance of the statements made by Mr. Elliott Cresson, of the Pennsylvania Colonization Society, in a public address delivered a few days before in Boston : — "Out of 177 slave ships which arrive at Cuba every year, five- sixths are owned and fitted out from ports in the United States ; and the enormous profits accruing from their voyages remitted to this country. One house in New- York received lately for its share alone the sum of $250,000. Baltimore is largely interested in this accursed traffic as well as New- York — and even Boston, with all her religion and morality, does not disdain to increase her wealth by a participation in so damnable a business. A gentle- man of the highest respectability lately informed Mr. Cresson that a sailor in this city told him that he had received several hundred dollars of hush money to make him keep silent, and when he mentioned the names of his employers the gentleman says he was actually afraid to repeat them, so high do they stand in society. A captain in the merchant service from New- York, was lately offered his own terms by two different houses provided he would undertake a slave voyage." Of the truth of these statements we know nothing. IMPUNITY OF TRADERS. 101 ed facilities for the importation of Africans. It now becomes important to inquire how far the Federal Government has enforced the penalties imposed by the Act forbidding the trade. On the 7th January, 1819, Joseph Nourse, Re- gister of the Treasury, in an official document submitted to Congress, certified that there were no records in the Treasury department of any forfeitures under the Act of 1807, abolishing the slave trade ! So that notwithstanding the thirteen or fifteen thousand slaves, said by southern mem- bers of Congress to be annually smuggled into the United States — notwithstanding American citi- zens were deelared by a Judge of the Supreme Court to.be " steeped to their very mouths in this stream of iniquity," not one single forfeiture had in eleven years reached the Treasury of the Uni- ted States ! Mr. Nourse, however, states, that it was understood that there had been recently two forfeitures, one in South Carolina, and the other in Alabama. Respecting the first, we have no information ; of the latter, we are able to present the following extraordinary history. The Collector at Mobile, writing Nov. 15, 1818, to the Secretary of the Treasury, remarks, " Should West Florida be given up to the Spanish authori- ties, both the American and Spanish vessels it is 9* 102 IMPUNITY OF TRADERS. to be apprehended will be employed in the impor- tation of slaves with an ultimate destination to this country ; and even in its present situation, the greatest facilities are afforded for obtaining slaves from Havanna and elsewhere through West Flori- da. Three vessels, it is true, were taken in the attempt last summer, but this was owing rather to accident than any well-timed arrangement to prevent the trade." These three vessels brought in 107 slaves. By what mistake they w^ere captured we are not in- formed, but another letter from the Collector shows us how the " accident " was remedied. " The vessels and cargoes and slaves have been delivered on bonds; the former to the owners, and the slaves to three other persons. The Grand Jury found true bills against the owners of the vessels, mas- ters and supercargo — all of whom have been dis- charged — why or wherefore, I cannot say, except that it could not be for want of proof against them." From this letter it is most probable that the forfeiture of which Mr. Nourse had heard, if any in fact occurred, was the collusive forfeiture of the Bonds.* *The documents we have quoted on this subject, are to be found in Reports of Committees. — 1st Scss. 21st Cong. No. 348. COLONIZATION. 103 We most freely acknowledge that so far as the statute book is to be received as evidence, there can be no question of the sincerity and zeal with which the Federal Government has laboured to suppress the African slave trade : but laws do not execute themselves, and we shall now appeal to the statute book, and to the minutes of Con- gress, to convict the Government of gross hypoc- risy and duplicity. It is difficult to understand why men who are engaged in breeding slaves for the market, or why men who are employed in buying and work- ing slaves, should have any moral or religious scruples about the African trade ; and when we find political leaders professing to be ready to sacrifice the Union to secure the perpetuity of the American trade, we may surely be excused for doubting the sincerity of their denunciations against the foreign traffic. In the year 1817, a new and sudden zeal was excited in Congress for the abolition of the trade, and this zeal as we shall see, was the offspring of the efforts of Virginia to colonize the free blacks. The legislature of that State had for years been anxious to get rid, not of the slaves, but of the free negroes. On the 1st January, 1817, the Co- lonization Society, the result of Virginia policy, 104 COLONIZATION AND was organized at Washington, and immediately presented a memorial to Congress praying for national countenance. The committee to whom this memorial was referred, reported (11th Feb.) two resolutions: — 1st, Calling on the President to enter into negotiations with foreign powers for the "entire and immediate abolition of the traffic in slaves ;" and 2nd, asking him to obtain the con- sent of Great Britain to our colonizing free people of colour at Sierra Leone. Thus early was the cause of Colonization connected with the agitation in Congress about the slave trade ; a connexion from which, as we shall presently see, the Society reaped a very large pecuniary advantage. The resolutions were not acted on, and the next ses- sion, Mr. Mercer, regarded in Virginia as the father of the Society, succeeded in getting a vote of the House (Dec. 30th, 1817,) instructing the committee on the memorial from the Society, to report on the expediency of rendering the laws against the slave trade more effectual. Of this com- mittee Mr. Mercer was himself the chairman ; and he recommended in his report, that the President should take measures for procuring suitable terri- tory in Africa for colonizing free people of colour with their own consent ; and that armed vessels should occasionally be sent to Africa for the pur- THE SLAVE TRADE. 105 pose of interrupting the trade. The suggestions of the committee were not adopted, but the ensu- ing session, (3d March, 1819,) a new act against the slave trade was passed, which gave " a local habitation" to the present colony of Monrovia; and was equivalent to a liberal and national grant to the Society. By this act, the President was authorized to restore to their country, such Afri- cans as might be captured on board of slavers, or illegally introduced into the United States; and he was to appoint agents on the coast to receive them. Mr. Monroe, then President of the United States, was a zealous colonizationist, and was af- terwards placed at the head of the Society. Let us see what use he made of the powers entrusted to him by the act of 1819. Many years after, an inquiry was instituted in Congress as to the ex- penditures under this law, and the Secretary of the Navy (1830,) reported that "252 persons* of * We have not been able to ascertain from what sources these Africans were obtained, but that they were not all of them trophies of the zeal of our cruisers in the cause of humanity, appears from the following extracts from official documents. " There are now in the charge of the Marshal of Georgia, 243 Africans taken out of a South American privateer, the " General Ramirez," ivhose crew mutinied, and brought the vessel into St. Mai^s, Georgia.— Letter of Sec'y of Navy, 7th Feb'y, 1821 . " A decision of the Supreme Court in the case of the ' General Ramirez,' placed under the con- 106 COLONIZATION AND this description (recaptured Africans,) have been removed to the settlement provided by the Col- onization Society on the coast of Africa ; and that there had been expended therefor, the sum of two hundred and sixty-four thousand seven hundred and ten dollars. * * * The practice has been to furnish these persons with provisions for a period of time after being landed in Africa, varying from six months to one year ; to provide them with houses, arms, and ammunition ; to pay for the erection of fortifications, for the building of vessels for their use, and in short to render all the aid required for the founding and support of a colonial establishment" A report from Amos Kendall, Fourth Auditor of the Treasury, discloses more particularly the manner in which the " Act in addition to the Acts prohibiting the slave trade," was made subservient to the purposes of the Colonization Society. " In May, 1822, the Secretary of the Navy di- rected that ten liberated Africans should be de- livered to Mr. J. Ashmun for transportation to Africa. The Secretary authorized' him to take out at the expense of the Government, 1 5,000 hard trol of the Government from 125 to 130 Africans, who were brought into Georgia, and arrangements arc making to send them to the Agency." — (Liberia.) — Report of Sec'y of Navy, Dec. 2d 1823. THE SLAVE TRADE. 107 brick, 5,000 feet of assorted timber, 30 barrels of ship bread, eight of tar, four of pitch, four of rosin, and two of turpentine. #•#*#• In the simple grant of power to an agent to re- ceive recaptured negroes, it requires broad con- struction to find a grant of authority to colonize them, to build houses for them, to furnish them with farming utensils, to pay instructers to teach them, to purchase ships for their commerce, to build forts for their protection, to supply them with arms and munitions, and to employ the army and navy in their defence.*" It cannot be denied that the friends of Coloni- zation had great encouragement to proceed in their warfare against the slave trade. According- ly Mr. Mercer, as the chairman of the committee to whom a memorial from the Society had been referred, reported (May 9th, 1820,) a Bill incor- porating the Society, and another mailing the slave trade, piracy ; and likewise two resolutions, — the first requesting the President to negotiate with fo- reign powers, "on the means of effecting an en- tire and immediate abolition of the slave trade;" and another requesting him to make such use of the public armed vessels as may aid the efforts of * Senate Documents. 2 Sess. 2 Cong. 108 FOREIGN NEGOTIATIONS. the Colonization Society. The first resolution was adopted, and the consideration of the other post- poned. A few days after, (May 15th.) the Act making the African slave trade piratical, was passed. But laws do not execute themselves : and if any slave trader has suffered death in the United States as a pirate, we confess our igno- rance of the fact.* It certainly required some little assurance in the House of Representatives, thus to order a negoti- ation with foreign powers, for the suppression of the trade, when the Federal Government had it- self been so remiss in its efforts, that both Houses of the British Parliament had, the year before, ♦In 1S20, a slave vessel, the Science, fitted out at New- York, and commanded by Adolphe Lacoste of Charleston, South Carolina, was captured on the coast of Africa, by the United States Ship, Cyane, and Lacoste sent home for trial. The trial took place in the Circuit Court of the United States, before Judge Storey. The evidence was full and unequivocal ; Lacoste was convicted, and sentenced to five years' imprisonment, and to the payment of a fine of $3,000. Had the crime been committed a few months later, the penalty would have been death, under the new law, de- claring the trade piracy. Lacoste received -a full pardon from the President, and the reader may thence judge, whether had he been convicted as a pirate, his life would have been much in dan- ger. The reasons assigned for the pardon, were youth, previous good character, and an aged mother. — Niles's Register, Jtpril -20, 1822. ABOUT SLAVE TRADE. 109 (July, 1819,) addressed the Prince Regent, praying him to renew " his beneficent endeavours, more especially with the Governments of France and the United States of America, for the effectual attainment of an object we all profess to have in view :" and a negotiation had already been actu- ally commenced with our Government, proposing to concede " to each other's ships of war, a quali- fied right of search, with a power of detaining the vessels of either State, with slaves actually on board ; # and a positive refusal to this proposal had already been returned. There is no evidence that our Government ever took a single measure in consequence of this resolution ; and under all the circumstances of the case, it is not uncharita- ble to believe, that it was intended to save appear- ances. We must now beg the reader's attention to a new act, in this farce of suppressing the slave trade. In 1814, our government concluded a war with Great Britain, and in the treaty of peace, gave its assent to the following article. " Whereas the traffic in slaves is irreconcilable with the princi- ples of humanity and justice : and whereas His * Letter from Lord Castlereagh to Mr. Rush, June 20, 1818. 10 110 FOREIGN NEGOTIATIONS Majesty and the United States are desirous of continuing their efforts to promote its entire abo- lition, it is hereby agreed, that both the contract- ing parties shall use their best endeavours to ac- complish so desirable an object." On the 29th January, 1823, Mr. Stratford Can- ning, the British Minister at Washington, addres- sed a letter to Secretary of State, reminding him of this pledge, and calling on the American Gov- ernment either to assent to the plan proposed by Great Britain, or to suggest some other efficient one in its place. After the reception of tliis let- ter, and before the return of an answer, the fol- lowing resolution was passed (28th Feb.) by the House of Representatives, viz. " Resolved, that the President of the United States be requested to enter upon and prosecute from time to time, such negotiations with the sev- eral maritime powers of Europe and America, as he may deem expedient, for the effectual abolition of the African slave trade, and its ultimate denun- ciation as piracy, under the laws of nations, by the consent of the civilized world." The British Minister was then informed, in an- swer to his letter, that the plan proposed by the United States was a mutual stipulation to annex the penalty of piracy to the offence of participat- ABOUT SLAVE TRADE. Ill ing in the trade, by the citizens and subjects of the two parties. Mr. Canning replied, that" Great Britain desires no other, than that any of her sub- jects who so far defy the laws, and dishonour the character of their country as to engage in a trade of blood, proscribed not more by the act of the legislature, than by the national feeling, should be detected and brought to justice even by for- eign hands, and from under the protection of her flag." He nevertheless urged a limited conces- sion of the right of search, as the only practical cure of the evil ; and he communicated the fact, that so late as January, 1822, it was stated offi- cially by the Governor of Sierra Leone, "that the fine rivers of Nunez and Pongas were entirely under the control of renegade European, and American slave traders." He then proposed that a mutual right of search should be conceded, to be confined to a fixed number of cruisers on each side ; to be restricted to certain parts of the ocean ; and that to prevent abuses, these cruisers should act under regulations prepared by mutual con- sent ; and moreover, that this concession should be made only for a short time, that if found in- convenient in practice, it might be discontinued. * ♦Letter from Mr. Statford Canning to the Secretary of State, 18th April, 1823. 112 FOREIGN NEGOTIATIONS But the Republic stood on its dignity, and would not condescend to yield a concession which Great Britain, France, Spain, Portugal, the Netherlands, Denmark, Sweden, and Sardinia, have thought it no degradation to make in the cause of hu- manity. But still the American Government was very anxious that every man of every nation, who en- gaged in the traffic of slaves on the coast of Afri- ca, (not in the District of Columbia,) should be hung by the neck till he was dead ; and forth- with, in obedience to the resolution of 28th Feb- ruary, despatches were forwarded to the Cabi- nets of France, Spain, Portugal, Russia, the Neth- erlands, Buennos Ayres, and Columbia, announc- ing the desire of the United States to declare the trade piracy, by the common consent of nations # It is generally understood, that a pirate is an enemy to the human race, and may be put to death by any government in whose hands he may chance to fall. If this was not the purport of the proposition of the House of Representatives, that the trade should be denounced " as piracy under the laws of nations, by the consent of the civilized world? we may well ask, what did it mean ? On the 24th June, 1823, instructions were for- warded to our Minister in England, authorizing ABOUT SLAVE TRADE. 113 him to conclude a treaty with Great Britain on the subject of the slave trade, on certain condi- tions. " The draft of a convention," says the Secretary of State, " is herewith enclosed, which, IF the British Government should agree to treat upon this subject, on the basis of a legislative prohibition of the slave trade by both parties un- der the penalties of piracy, you are authorised to propose and conclude." Now it should be remembered, that at this time the trade was not piratical by the British laws, and the English Ministry could not make it so by treaty. We therefore proposed a condition with which pos- sibly, they might not have it in their power to comply. The ministry, however, when made ac- quainted with the condition, felt confident of the acquiescence of Parliament. " The British Pleni- potentiaries, says Mr. Rush, in his letter to the Secretary of State, " gave their unhesitating con- sent to the principle of denouncing the traffic as piracy, provided we could arrive at a common mind on all the other parts of the plan proposed." The treaty, nearly verbatim, with the draft sent from Washington, was signed at London on the 13th March, 1824 ; and a few days afterwards, according to a previous understanding, and in ful- filment of the condition exacted by us, Parliament 10* 114 TREATY FOF SUPPRESSION passed an Act, declaring that all British subjects found guilty of slave trading, "shall suffer death without benefit of clergy, and loss of lands, goods and chattels, as pirates, felons and robbers upon the seas, ought to suffer." This treaty provided in substance, that the cruisers of either party on the coast of Africa, America, and the West Indies, might seize slaves under the flag of the other, and send them home to the country to which they belonged, where they should be proceeded against as pirates. So that in fact, the whole concession made by us to Great Britain, amounted to no more than per- mitting her to arrest our pirates, and to deliver them to our courts for trial ; and in return, she granted us precisely the same right with respect to her pirates. The treaty was submitted of course to the Sen- ate for ratification, which, under the circumstan- ces of the case, one would think, must have fol- lowed as a matter of course. The Senate, how- ever, thought otherwise. The treaty was laid before them on the 30th of April ; but as they de- layed to act upon it, the British Minister at Wash- ington became uneasy, and on the 10th of May, addressed a letter to the Secretary of State, complaining of the postponement of the ratifica- OP AFRICAN SLAVE TRADE. 115 tion, especially as the project of the convention had originated with the United States ; and as Great Britain " had not hesitated an instant to comply with the preliminary act desired by the President," the legislative prohibition of the slave trade under the penalties of piracy." The President naturally feeling his own good faith compromitted by the hesitation of the Sen- ate, now sent them a confidential message, urging the ratification of the treaty. He remarked that the rejection of the treaty would subject the Ex- ecutive, Congress, and the Nation, " to the charge of insincerity respecting the great result of the final suppression of the slave trade. To invite all nations with the statute of piracy in our hands, to adopt its principles as the law of nations, and yet to deny to all the common rights of search for the pirate, whom it would be impossible to detect without entering and searching the vessel, would expose us not simply to the charge of inconsist- ency." The Senate after long debates, finally ratified the treaty, in a mutilated form. They struck out the word, "America," in the clause authorizing the seizure of slavers on " the coasts of Africa, Ame- rica, and the West Indies." They also expunged the articles applying the provisions of the treaty, 116 TREATY FOR SUPPRESSION to vessels chartered, as well as owned by the citi- zens or subjects of either party ; and to the citi- zens or subjects of either party carrying on the trade under foreign flags ; and they added an ar- ticle authorizing either party to terminate the treaty at any time, on giving six months notice. It will have been observed from the documents we have quoted, that the slaves imported into the United States, have been chiefly introduced through the Spanish possessions on our southern frontiers ; slavers direct from Africa, rarely hav- ing the hardihood to enter our ports, and discharge their cargoes ; while small vessels from the West Indies, have occasionally found their way into the southern waters. Of course the treaty as altered by the Senate, would afford but little interruption to this mode of stocking the plantations of Louisi- ana and the neighbouring States. As chartered vessels were excepted, our traders would only have to hire slavers instead of owning them, to be exempted from the hazard of being arrested and sent home for trial, by British offi- cers ; or even if on board their own vessels, by running up a. foreign flag, they would escape the penalties of piracy. The British Cabinet refused to agree to the treaty thus despoiled of all its efficiency; but with OF AFRICAN SLAVE TRADE. 117 wonderful simplicity, they proposed to restrict the right of searcli on the coast of America, to the coast of the southern States. This proposition was of course, promptly rejected by our Minister in England. The British Government vainly cherishing the hope, that the United States might still consent to some combined effort to destroy a trade they pro- fessed to abhor, offered through their Minister at Washington, to consent to a treaty, word for word the same as the one the Senate had ratified, with the single exception of restoring the word, "Ame- rica." To this, Mr. Clay, then Secretary of State, replied, that " from the views entertained by the Senate, it would seem unnecessary and inexpedi- ent any longer to continue the negotiation respect- ing the slave convention, with any hope that it can assume a form satisfactory to both parties. That a similar convention had been formed with Columbia, on the 10th December, 1824, excepting that the coast of America was excepted from its operation; and yet, notwithstanding this concilia- tory feature, the Senate had by a large majority refused to ratify it"* * The documents quoted on this subject, may be found in State Papers, 1st Scss. 19 Cong. vol. 1. And in Reports of Commit- tees, 1st Scss. 21 Cong. vol. 3. No. 348, 118 FINAL DECISION. Negotiations have since been renewed on this subject; and France has united with Great Brit- ain, in urging the Cabinet at Washington to co- operate with them in putting an end to the Afri- can slave trade. The correspondence has not been made public, but we learn from the Edin- burgh Review, for July, 1836, that the final answer of the American Government is, that "under no con- dition, in no form, and with no restriction, will the United States enter into any convention, or treaty, or combined efforts of any sort or kind with other nations, for the suppression of this trade: 1 To our readers we leave the task of making their own comments on this history of duplicity and hypocrisy ; and proceed to other details. On the 2nd November, 1825, the Columbian Minister at Washington, in the name of his Gov- ernment, invited the United States to send dele- gates to a Congress of the South American Re- publics, to be held at Panama. In enumerating the topics to be discussed in the proposed Con- gress, he remarked : " The consideration of means to be adopted for the entire abolition of the Afri- can slave trade, is a subject sacred to humanity, and interesting to the policy of the American States. To effect it, their energetic, general, and OP THE FEDERAL GOVERNMENT. 119 uniform cooperation, is desirable. At the proposi- tion of the United States, Columbia made a con- vention with them on this subject, which has not been ratified by the Government of the United States. Would that America which does not think politic what is unjust, contribute in union, and with common consent, to the good of Africa ! " This document was submitted to the Senate, and on the 16th January, 1826, a committee of the Senate made a report in relation to it, in which they observe; "The United States have not certainly the right, and ought never to feel the inclination to dictate to others who may differ with them on this subject," (the slave trade,) " nor do the committee see the expediency of insulting other States by ascending the moral chair, and pro- claiming from thence mere abstract principles, of the rectitude of which each nation enjoys the per- fect right of deciding for itself." The remarks made on this occasion by Mr. White, a' Senator from Tennessee, are worthy of observation. "In these new States (the S. Ame- rican Republics,) some of them have put it down in their fundamental law, 'that whoever owns a slave shall cease to be a citizen.' Is it then fit that the United States should disturb the quiet of the southern and western States upon any subject 120 INTERFERENCE FOR CUBA. connected with slavery ? I tfiink not. Can it be the desire of any prominent politician in the Uni- ted States, to divide us into parties upon the sub- ject of slavery ? I hope not. Let us then cease to talk about slavery in this House ; let us cease to negotiate upon any subject connected with it." We have seen most abundantly, that slavehold- ers have no objection to talk about slavery in Congress, or to negotiate about it with foreign na- tions, when the object is to guard their beloved institution from danger. It is only on the abomi- nations of the system, and the means of removing it, that every tongue must be mute, and the Fed- eral Government passive. Turning from the con- sideration of our professions, as contrasted with our conduct in regard to the suppression of the African slave trade, let us next take a view of The efforts of the Federal Government to prevent the abolition of slavery in the Island of Cuba. At the time of the Congress of Panama, Spain was still at war with her late colonies, and of course they were authorized by every principle of national law, as well as of self-defence, to car- ry their arms into the dominions of their enemy. INTERFERENCE FOR CUBA. 121 Cuba was at a short distance, devoted to the roy- al cause, and affording a depot for a naval force ever ready to prey upon the commerce of the re- publics. Under these circumstances, Mexico and Columbia meditated the invasion and conquest of that island. But these republics, on achieving their own freedom, had given freedom to their slaves ; and it was probable that they would manifest equal regard for human rights, were they to become masters of Cuba. These remarks will explain the following extract from the in- structions given to the ministers appointed to re- present the United States at the Congress of Panama. " It is required by the frank and friendly rela- tions which we most anxiously desire ever to cherish with the new republics, that you should, without reserve, explicitly state that the United States have too much at stake, in the fortunes of Cuba, to allow them to see with indifference a war of invasion prosecuted in a desolating man- ner, or to see employed, in the purposes of such a w T ar, one race of the inhabitants combatting against another, upon principles and with motives that must inevitably lead, if not to the extermina- tion of one party or the other, to the most shock- ing excesses. The humanity of the United States 11 122 INTERFERENCE FOR CUBA, in respect to the weaker, and which in such a terrible struggle would probably be the suffering portion, and the duty to defend themselves against the contagion of such near and dangerous exam- ples, would constrain them, even at the hazard of losing the friendship of Mexico and Columbia, to employ all the means necessary to their secu- rity."* The obvious meaning of all this, in plain En- glish, divested of its diplomatic circumlocution, is eimply that the Federal Government, in order to protect the slavery of the South from the shock it might receive from emancipation in Cuba, would, if necessary, go to war with our sister republics to prevent the invasion of that island. But so long as Spain refused to acknowledge the independence of her revolted colonies, the war would be continued, Cuba would be exposed to invasion, and the slave States to the " conta- gion" of emancipation. Hence the cabinet at Washington became exceedingly anxious to act the part of peace-makers. Our Minister at St. Petersburgh was instructed " to endeavour to en- gage the Russian Government to contribute its + Letter of Instructions from Mr. Clay, Secretary of State, to Messrs. Anderson and Sargeant, 8th May, 1826. INTERFERENCE FOR CUBA. 123 best exertions towards terminating the existing contest between Spain and her colonies. From the vicinity of Cuba to the United States, its val- uable commerce and the nature of its population, their government cannot be indifferent to any po- litical change to which that island may be des- tined."* Spain also was implored, through the American Minister at Madrid, to be reconciled to her un- dutiful children. " It is not for the new republics? said Mr. Clay, in his letter (27th April, 1825,) to Mr. Everett, "that the President wishes you to urge upon Spain the expediency of concluding the war. If the war should continue between Spain and the new republics, and those islands (Cuba and Porto Rico) should become the object and theatre of it, their fortunes have such a con- nexion with the people of the United States, that they could not be indifferent spectators ; and the possible contingencies of a protracted war might bring upon the Government of the United States duties and obligations, the performance of which, however painful it slwuld be, they might not be at liberty to decline ."f * Letter from Mr. Clay to Mr. Middlcton, 10th May, 1825, Bate Documents, 1st Sess. 19 Cong, vol.3. 124 INTERFERENCE FOR CUBA. • The proposed invasion was abandoned ; but the fears of our Government were not allayed. The war continued, and some contingency arising from it, might give liberty to the tens of thou- sands in Cuba pining in bonds. A new attempt was made to induce Spain to remove the danger by concluding the war. On the 22d October, 1829, Mr. Van Buren, then Secretary of State, instructed Mr. Van Ness, our Minister in Spain, to press upon that court a reconciliation with the South American republics. " Considerations," he remarked, "connected with a certain class of our population, make it the interest of the southern sec- tion of the Union, that no attempt should be made in that island to throw off the yoke of Span- ish dependence ; the first effect of which would be the sudden emancipation of a numerous slave population, whose result could not but be very sen- sibhj felt upon the adjacent shores of the United States:' Fortunate is it for the cause of humanity, that the greatest republic upon earth had not the pow- er to prevent " the sudden emancipation of a nu- merous slave population" in the British West In- dies, on the 1st August, 1838; "whose result," blessed be God, is and will be " very sensibly felt on the adjacent shores of the United States." AVOWALS IN CONGRESS. 125 The subject of the Panama mission was de- bated at great length in both Houses of Congress, and frequent allusions were made by the speak- ers to Cuba. Let us hearken to the sentiments expressed by some of our republican legislators. Mr. Randolph of Virginia: "Cuba possesses an immense negro population. In case those States (Mexico and Columbia) should invade Cuba at all, it is unquestionable that this invasion will be made with this principle, — this genius of uni- versal emancipation, — this sweeping anathema against the white population in front, — and then, sir, what is the situation of the southern States V 9 Mr. Johnson of Louisiana : " We know that Columbia and Mexico have long contemplated the independence of that island (Cuba.) The final decision is now to be made, and the combination of forces and plan of attack to be formed. What, then, at such a crisis, becomes the duty of the Government ? Send your Ministers instantly to this diplomatic assembly, where the measure is maturing. Advise with them — remonstrate — menace, if necessary, against a step so dangerous to us, and perhaps fatal to them." Mr. Berrien of Georgia : " The question to be determined is this : With a due regard to the safety of the southern States, can you suffer these 11* 126 AVOWALS IN CONGRESS. islands (Cuba and Porto Rico) to pass into the hands of BUCANIERS, drunk with their new- born liberty ? If our interests and our safety shall require us to say to these new republics, Cuba and Porto Rico must remain as they are, we are free to say it, and by the blessing of God and the strength of our arms, to enforce the declaration ; and let me say to gentlemen, these high consid- erations do require it. The vital interests of the South demand it." These new republics were stigmatized by this honourable gentleman as bucaniers ; not that they were robbers, but because they had ceased to rob the poor and helpless ; and the evidence of their being drunk with liberty, was their practical ac- knowledgement of the principles of human rights, professed in our declaration of independence. Mr. Floyd of Virginia : " So far as I can see, in all its bearings, it (the Panama Congress) looks to the conquest of Cuba and Porto Rico ; or, at all events, of tearing them from the Crown of Spain. The interests, if not safety of our own country, would rather require us to interpose to prevent such an event, and I would rather take up arms to prevent than to accelerate such an occurrence." — Congressional Debates, 2d vol. The facts and sentiments we have now cxhib- IIISTORY OF HAYTI. 127 ited, prove beyond cavil, that, this mighty repub- lic volunteered to solicit the aid of foreign mon- archs to perpetuate slavery in Cuba, and was strongly disposed to incur the hazard and calami- ties of war in the cause, — not of liberty, but of bondage. Having noticed our watchful guardianship over Cuba, we will next advert to The hostility of the Federal Government to Hayti. To do justice to this part of our subject, we must beg the patience of the reader while we briefly lay before him a few historical facts. The Island of St. Domingo was one of the most valuable colonies belonging to the crown of France. It is about 450 miles long, and 150 wide. Its population in 1790, was estimated as follows: White inhabitants, 42,000 Free coloured inhabitants, 44,000 Slaves, 600,000 Total, 086,000 Of the free coloured inhabitants, numerically equal with the whites, many were men of edu- cation and property, landed proprietors, and the 128 HISTORY OF UAYTI. holders of slaves. Still they were debarred from all political privileges on account of their com- plexion. At the commencement of the French Revolution, the National Assembly abolished this discrimination on account of colour, and gave the free blacks in the colonies, the same civil rights that were possessed by their white brethren. The pride of the latter led them to refuse submission to this humiliating decree of the mother country, and a civil war between the whites and the free blacks, ensued. No interference whatever with the rights of slaveholders as such, had at this time been attempted, either in France or the colony ; and the dissensions which convulsed the Island, for a long time related exclusively to the political condition of the free coloured population. In Au- gust, 1791, a partial insurrection of the slaves oc- curred, favoured by the quarrels of their masters. In some instances the free blacks united with the whites, in their efforts to suppress the insurrec- tion, and in others, they availed themselves of the aid of the revolted slaves, against the planters. In ]792, the French Government sent over three commissioners with 6000 troops, to enforce their decree respecting the free blacks, and to restore order. Many of the planters, however, still re- sisted ; while others took sides with the Govern- HISTORY OF IIAYTI. 129 ment, and the distractions of trre Island were now aggravated by a civil war between the ichites themselves. A portion of the planters, abhorring the attempt of the Government to elevate the free blacks to apolitical equality with themselves, now intrigued with Great Britain to seize upon the Island, and thus to save them from the degrading consequen- ces of republican principles. In compliance with their invitation, conveyed through their agent, M. Charmilly, an expedition was fitted out at Ja- maica, for the capture of St. Domingo ; and on the 19th Sept. 1793, arrived at Jeremie. Only a few days before the appearance of the British fleet on the coast, one of the French commission- ers, who happened at the moment to be acting alone, in the absence of his colleagues, having re- ceived intelligence of the intended invasion, and knowing the disaffection of the planters, issued a hasty proclamation, giving freedom to all the slaves, as the only means of preserving the col- ony from conquest.* The free negroes and the manumitte^klaves united in defending the Island against the invaders, * The ensuing } r car, 1794, by a decree of the National Assem- bly, slavery was formally abolished throughout all the French colonies. 130 HISTORY OF HAYTI. while an army of* 2000 of the white inhabitants, ranged themselves under the British standard. The French commissioners soon after returned to France; great numbers of the planters emigrated ; and the Island was virtually abandoned to the blacks, except so much of it as was occupied by the British troops. These troops were from time to time reinforced by detachments from Europe and the West Indies — but in vain. The blacks under Toussaint, who was appointed by the government at home, " Governor General of the armies of St. Domingo," continued the con- test for about five years, and finally succeeded in driving the English from the Island. Britain be- ing in the meantime at war with France, her na- val forces prevented all intercourse between the colony and the mother country : and the blacks thus left to themselves, declared themselves inde- pendent on the 1st July, 1798, and organized the Government of Hayti. The peace of Amiens afforded Bonaparte an opportunity to attempt the subjugation of the Isl- and, and the reduction of its inhabitants to slavery. Early in Jan. 1802, a French army of 20,000 men were landed in St. Domingo, and various re- inforcements afterwards followed. The war was waged with atrocious cruelty on HOSTILITY TO HAYTI. 131 the part of the French, and the blacks, aided by the climate, succeeded in destroying about 40,000 of their enemies in eleven months ; and on the 19th of November, 1802, the wrecks of the in- vading army surrendered to Dessalines, the black chief. Since this time, Ilayti has continued an independent nation, perfectly inoffensive in all its foreign relations ; and its entire sovereignty is at present fully acknowledged by both France and England, and undisputed by any power on earth. It is now important to inquire, what has been the conduct of the United States towards this heroic republic ? Twelve years after slavery had been abolished by a decree of the French Government ; after the expulsion of the armies of England and France ; when for three years not a hostile foot had press- ed the soil of Hayti ; when a regularly organized government was in full operation ; and without one solitary cause of complaint against the new State, the American Congress passed an act, (28th Feb. 1806,) " to suspend the commercial in- tercourse between the United States and certain parts of the Island of St. Domingo." These cer- tain parts were defined in the act, to be such parts as were not " in the possession and under the acknowledgement of France ;" and of course 132 HOSTILITY TO IIAYTI. included the whole Island. As there was at this time no war in fact, between Hayti and France, and the latter was prevented by the naval superi- ority of England, and her own continental wars, from sending a single soldier to Hayti ; the sole object of this act, was to distress and harass the Haytians by depriving them of the bread-stuffs and other necessaries they were accustomed to receive from this country. It was a piece of wanton cruelty, unrequired by the obligations of neutrality ; and demanded by France in a tone of arrogance, which would have secured its rejection, had not the intended victims been black. Bona- parte, irritated by the loss of his army, and the defeat of his designs upon Hayti, resolved to starve, if possible, a people whom he could not conquer ; and he found in the Federal Govern- ment, a willing instrument of his vengeance. His Minister at Washington, in a letter to the Secre- tary of State, demanded an immediate cessation of the commerce between the citizens of the Uni- ted States and "the rebels of St. Domingo — that race of African slaves, the reproach and the refuse of nature ;" and he enforced his demand with the information ; — "The Emperor and King, my master, expects from the dignity and candour of the Government of the Union, that an end be CONGRESS OF PANAMA. 133 put to it promptly."* The letter was written in January ; and in February the act required was passed, and continued in force for two years. The invitation to the United States to send ministers to the Congress of Panama, has been already mentioned. In the document conveying the invitation, it was remarked : " On what ba- sis the relations of Hayti, and other parts of our hemisphere that shall hereafter be in like circum- stances, are to be placed, is a question simple at first view, but attended with serious difficulties when closely examined. These arise from the different manner of regarding Africans, and from their different rights in Hayti, the United States, and in the American States. This question will be determined at the Isthmus."f The invitation was accepted, and the instruc- tions of our ministers contained the following : — "Under the actual circumstances of Hayti, the President does not think that it would be proper at this time to recognise it as a new State. "J This, be it remembered, was just a quarter of a century since the Haytiens had declared and maintained their independence, and at a moment when they * American State papers, 5th vol. p. 154. | Senate Documents, 1st Sess. 19 Cong. vol. III. I Letter of Mr. Clay, Secretary of State, 8 May, 1826. 12 134 OPINIONS IN CONGRESS were enjoying the blessings and exercising the prerogatives of an independent State, and at peace with all the world. And what motive prompted the United States thus to exert its influence to prevent the Congress of Panama from recognising Hayti " as anew State?" — none other than the apprehension that the admission of a palpable truth, the independence of a black Republic, would prove dangerous to the perpetuity of American slavery. Is this slander ? Let the members of Congress speak for themselves. The following sentiments were elicited in the debate on the Panama mission. Mr. Berrien of Georgia : — " Consistently with our own safety, can the people of the South permit the intercourse which would result from the estab- lishing relations of any sort with Hayti ? Is the emancipated slave, his hands yet reeking" (thirty- two years after slavery had been abolished by the French Government) " in the blood of his mur- dered master, to be admitted into their ports, to spread the doctrines of insurrection, and to strength- en and invigorate them, by exhibiting in his own person an example of successful revolt ? Gentle- men must be sensible — this cannot be. The great principle of self-preservation will be arrayed against it. I have been educated in sentiments of habitual reverence for the Constitution of the RESPECTING IIAYTl. 135 United States: I have been taught to consider the union of these States as essential to their safety. The feeling is nowhere more universal or more strong than among the people of the South. But they have a stronger feeling — need I name it ? Is there any one who hears and does not under- stand me ? Let me implore gentlemen not to call that feeling into action by this disastrous policy." In plain English, the slaveholders love slavery more than they do the Union ; and would sacrifice the last, rather than acknowledge as free, a people who had once been slaves. Mr. Benton of Missouri : — "The peace of eleven States in this Union will not permit the fruits of a successful negro insurrection to be exhibited among them ; — it will not permit the fact to be seen and told, that for the murder of their masters and mistresses they are to find friends among the white people of the United States." Mr. Hamilton of South Carolina : — " It is pro- per that on this occasion I should speak with candour and without reserve : that I should avow what I believe to be the sentiments of the south- ern people on this question, and this is that Haxj- tien independence is not to be tolerated in any form. * * * * A people will not stop to discuss the 136 OPINIONS IN CONGRESS nice metaphysics of a federative system, when havoc and destruction menace them in their doors." Mr. Hayne of South Carolina: — "With noth- ing connected with slavery can we consent to treat with other nations ; and least of all ought we to touch the question of the independence of Hayti in conjunction with the revolutionary gov- ernments whose own history affords an example scarcely less fatal to our repose. These govern- ments have proclaimed principles of liberty and equality, and have marched to victory under the banner of universal emancipation. You find men of colour at the head of their armies, in the Legis- lative halls, and in the Executive departments. # # # # Q ur p li C y with regard to Hayti is plain ; we never can acknowledge her independence. * * * * Let our Government direct all our Minis- ters in South America and Mexico, to protest against the independence of Hayti." Gentlemen when they talk in a passion, rarely talk wisely or consistently. Mr. Hayne insists that we cannot touch the question of the independ- ence of Hayti in conjunction with the American Revolutionary Governments ; and yet in the next breath, he is for opening negotiations with all these governments on this very subject. Almost every RESPECTING HAYTI. 137 slaveholder assures us that the slaves, if emancipa- ted, could not take care of themselves ; and yet Mr. Hayne proclaims the important fact, that the ar- mies of these same governments have " marched to victory" with coloured men at their head ; and that coloured men are found in their Legislative halls, and Executive departments ! Mr. Johnson of Louisiana : — "It may be proper to express to the South American States the un- alterable opinion entertained here in regard to intercourse with them. The unadvised recogni- tion of that Island, (Hayti) and the public recep- tion of their Ministers, will nearly sever our diplo- matic intercourse, and bring about a separation and alienation injurious to both. I deem it of the highest concern to the political connexion of these countries, to remonstrate against a measure so justly offensive to us, and to make that remon- strance effectual." — Congressional Debates, vol. II. Thus the gentleman from Louisiana looked up- on the recognition of Hayti by other and inde- pendent States, as a measure so offensive to us, as to afford us ground for quarrelling with them. We will now advance twelve years in our his- tory, and see if the lapse of time has softened the hatred of our rulers to Hayti. On the 17th De- 12* 138 OPINIONS IN CONGRESS cember, 1838, a petition was presented to the House of Representatives, praying for the estab- lishment of the usual international relations with that republic. No sooner was the purport of the petition announced, than vehement objections were made to it, and no less than thirty-two members had the hardihood to vote against even its reception. They were, however, in the mi- nority ; and on a motion being made to refer it to the Committee on Foreign Relations, the Chairman of that committee, himself a slavehold- er, advocated the reference, as the best way of stifling the discussion, observing that " several similar memorials had been sent there the last session, which had never been reported on. This would take a similar course ; it would never be heard of again'' With this intimation, the peti- tion was referred. A motion was then made to instruct the committee to report on the petition ; but, to stop the discussion, the previous question was moved, and the motion denied by a great ma- jority. A few extracts from the speeches deliv- ered on this occasion may be useful, as showing the temper and logic displayed by the southern members. Mr. Legare of South Carolina : " It (the peti- tion) originates in a design to revolutionize the RESPECTING HAYTI. 139 South and convulse the Union, and ought therefore to be rejected with reprobation. As sure as you live, sir, if this course is permitted to go on, the sun of this Union will go down — it will go down in BLOOD — and go down to rise no more. I will vote unhesitatingly against nefarious designs like these. They are treason, — yes sir, I pro- nounce the authors of such things traitors — trai- tors not to their country only, but to the whole HUMAN RACE." Mr. Wise of Virginia : " We are called to re- cognise the insurrectionists who rose on their French masters. A large portion of those now in power in this black republic, are slaves who cut their masters' throats. Christophe himself was an insurrectionist and a revolutionist. Their Gov- ernment lias the stamp of such an origin. And will any gentleman tell me now, that slaves, aided by an English army, (and it is consolatory to think, when we are threatened by abolitionists with having our throats cut at the South, that these slaves in St. Domingo, though ten to one in number, never could have succeeded in insurrec- tion but for the aid of the British army,) ought to be recognised by this Government, and that theii being such is no argument against it ? No, it is the abolition spirit alone which would have us 140 BRITISH ARMY IN HAYTI. say to these men, whose hands are yet red with their masters' blood : ' You shall be recognised as freemen ; we wish to establish international relations with you.' Never will I — never will my constituents be forced into this. This is the only body of men who have emancipated them- selves by butchering their masters. They have long been free, I admit ; yet, if they had been free for centuries, — if Time himself should con- front me, and shake his hoary locks at my oppo- sition. — I should say to him, I owe more to my constituents — to the quiet of my people — than I owe or can owe to mouldy prescriptions, however ancient." The consolation enjoyed by this gentleman, from the conviction that the Haytiens are indebted to a British army for their liberty, is not a little ludicrous. There has never been but one British army in Hayti,and that was sent for the purpose, not of emancipation, but of conquest ; and instead of aiding the blacks, it was joined by two thou- sand of the planters, who looked to it as the means by which they were to recover their au- thority over their former slaves. Yet this army, thus aided, found itself vanquished by the despised blacks ; and in May, 1798, under Brigadier Gene- ral Maitland, capitulated to Toussaint, the black CONDITION OF HAYTI. 141 General. The history of St. Domingo affords much and valuable instruction to slaveholders, but certainly very little consolation. It may not be uninteresting to state a few facts relative to the present condition of a republic which so powerfully excites the apprehensions of southern gentlemen, and to the magnitude of the commerce which our northern politicians are wil- ling to sacrifice for southern votes. The advocates of slavery are fond of represent- ing the Haytiens as a horde of barbarians. We therefore give the following evidence, published by the British Parliament, and taken before one of its committees. Evidence of Vice Admiral, the Hon. Charles Fleming, Member of Parliament : — " He could not speak positively of the increase of the Hay- tien population since 1804, but believed it had trebled since that time.* They now feed them- selves, and they export provisions which neither the French nor the Spaniards had ever done before. He saw a sugar estate near Cape Haytien, Gen- eral Boulon's, extremely well cultivated and in beautiful order. A new plantation was forming * By the census of 1824, the population was stated at 935,000. It is unquestionably upwards of a million at the present time. 142 PRESENT CONDITION on the opposite side of the road. Their victuals were very superior to those in Jamaica, consist- ing chiefly of meat — cattle being very cheap. He saw no marks of destitution any where. The country seemed improving, and trade increasing. The estate he visited near the Cape was large ; it was calculated to make 300 hogsheads of su- gar. It was as beautifully laid out and as well managed as any estate he had seen in the West Indies. His official correspondence as Admiral, with the Haytien Government, made him attribute much efficiency to it, and it bore strong marks of civilization. There was a better police in Hayti than in the new South American States ; the communication was more rapid ; the roads much better. One had been cut from Port-au-Prince to Cape Haytien that would do honour to any country. A regular port was established. The government is one quite worthy of a civilized people." In 1831, the imports into France from Hayti exceeded in value the imports from Sweden, Denmark, the Hanseatic Towns, Holland, Aus- tria, Portugal, the French West Indies, or China. — McCullocNs Dictionary of Commerce, p. 637. In 1833, the imports from Hayti into the Uni- ted States exceeded in value our imports from OF HAYTI. 143 Prussia, Sweden and Norway, Denmark and the Danish West Indies, Ireland and Scotland, Hol- land, Belgium, Dutch West Indies, British West Indies, Spain, Portugal, all. Italy, Turkey and the Levant, or any one of the South American re- publics. And what protection is afforded to this commerce by the Federal Government — a Gov- ernment willing to negotiate in every court of Europe for compensation for shipwrecked or fu- gitive negroes ? " Our trade with Hayti is embar- rassed ; it is subjected to severe discriminating duties. We are probably the least favoured of any people in the ports of the republic. Tonnage duties and vexatious port charges discourage and oppress our commerce there. I am assured that, but for these impediments, the trade from this country with that would be greatly extended. The acknowledged cause of all the embarrass- ments to that trade is found in the fact, that our Government refuses to recognise the Government of Hayti. We stand aloof, as if they were a law- less tribe of savages. While all other powers have long since acknowledged them as an inde- pendent Sovereignty, we refuse to recognise them. Others profit by their commerce at our expense. We have no representative at the isl- and of any grade, nor have they a public officer 144 TEXAS. accredited here. No commercial relation, there- fore, exists between the two Governments." — Speech of Mr. Grennell in H. of i?«, 18th Decem- ber, 1838. If the treatment which Hayti has received from the United States, evinces the hatred of our re- public to emancipation, we have a proof no less strong of its attachment to slavery, in The conduct of the Federal Government towards Texas. In 1829, the Republic of Mexico having achieved her own independence, gave liberty to every slave within her limits. This State had a vast and fertile, but thinly peopled territory, adjacent to Louisiana. In this territory within a few years past, a large number of adventurers from the Uni- ted States, had taken up their residence with the consent, and under the jurisdiction of Mexico. These adventurers sighed for the sweets of sla- very, which they had enjoyed in their native land ; and as the soil was adapted to the cotton cultiva- tion, they became restless under the requirement of the Government, either to till it themselves, or honestly to pay those who tilled it for them. Hence, they conceived the idea of transferring TEXAS. 145 their allegiance from Mexico, to another repub- lic less tenacious of human rights. • Nor was a large portion of that other republic less anxious to acquire a new market for slaves, and a new territory which would give to the slaveholding interest a preponderance in the national councils. Judge Upshur in 1829, remarked in the Virginia Convention : "If Texas should be obtained, which he strongly desired, it would raise the price of slaves, and be a great advantage to the slavehold- ers in that State;" and in 1832, Mr. Gholston declared in the Virginia Legislature, that "he be- lieved the acquisition of Texas would raise the price of slaves fifty per cent, at least." Virginia, it will be recollected, is a breeding State, and therefore interested in the opening of a new mar- ket. The planting States have no wish to raise the price of slaves, but are deeply concerned for the perpetuity of the system. One of their dis- tinguished politicians published a series of essays on the policy of annexing Texas to the United States ; a territory, which he contended, was large enough to be divided into nine slave States, which would counterbalance the increasing num- ber of free States at the North. The Federal Government ever ready to pro- mote the slaveholding interest, commenced a ne- 13 146 INVASION OF TEXAS gotiation for the purchase of Texas, and offered four millions of dollars for the territory.* The offer was promptly rejected, and other means were resorted to. Texan land companies were formed at the North, for the sale of extensive tracts of land, said to have been obtained by grants, from the Mexican Government. Capitalists, politicians, and demagogues participated in these splendid schemes of speculation, and became vociferous in the cause of Texan liberty. At the same time, crowds of emigrants repaired to the territory, many carrying their slaves with them. At last, these men feel- ing themselves strong enough, raised the standard of rebellion in September, 1835, and on the 2d of the succeeding March, issued their declaration of in- dependence. The Mexicans of course, endea- voured to quell the insurrection; but, although nominally fighting with their own subjects, they were in fact contending against an invasion from the United States. The truth of this assertion will scarcely be questioned : yet it may be well to sup- port it by a few facts. The following extracts from the journals of the day, will, it is presumed, be sufficient. * See instructions from Mr. Van Buren, Secretary of State, to Mr. Poinsett, Minister to Mexico, August 25, 1829. FROM THE UNITED STATES. 147 " Who will go to Texas? — Major J. W. Har- vey of Lincolnton, has been authorized by me, with the consent of Major-General Hunt, an agent in the western counties of North Carolina, to re- ceive and enrol volunteer emigrants to Texas ; and will conduct such as may wish to emigrate to that Republic, about the 1st of October next, at the expense of the Republic of Texas. J. P. Henderson, Brig. Gen. of the Texan Army? North Carolina Paper. " Three hundred Men for Texas. — Gen. Dun- lap of Tennessee, is about to proceed to Texas, with the above number of men. The whole corps are now at Memphis. Every man is completely armed, the corps having been originally raised for the Florida war. This force we have no doubt, will be able to carry every thing before it." — Yicksburg (Miss.) Register. " Since early last winter, a series of transactions have passed before us in open day, the undisguised object of which has been to enlist troops, and procure arms to aid the Texans in their war with Mexico. Troops have been enlisted — arms have been obtained. Their military parades have been exhibited in our streets — they have embarked at 148 INVASION OF TEXAS. our wharf — have proceeded to Texas — united themselves with her troops, and joined with them in war against Mexico. Is it not a fact that every stand of public arms deposited at this place by the State, have been sent to Texas, with the con- nivance of those who had charge of them ?" — Cincinnati Gazette. Meetings were held in various places, and speeches made, and resolutions passed in favour of the Texan patriots. At a meeting in Cincinnati, of the friends of Texas, it was resolved : " That no law either hu- man or divine, except such as are formed by ty- rants for their sole benefit, forbids our assisting the Texans ; and such law, if any exists, we do not as Americans choose to obey." The Federal Government far from taking any efficient measures to arrest this invasion of a friendly and neighbouring State, sent an imposing force under Gen. Gaines, info the Mexican territory, under the pretence of protecting the frontiers ! — With what result is shown by the following article. From the Pensacola Gazette. " About the middle of last month, Gen. Gaines sent an officer of the United States army into Texas, to reclaim some deserters. He found SLAVERY ESTABLISHED. 149 them already enlisted in the Texan service to the number of two hundred. They still wore the uni- form of our army, but refused of course to return. The commander of the Texan army was applied to, to enforce their return, but his only reply was, that the soldiers might go, but that he had no au- thority to send them back. This is a new view of our Texan relations" The adventurers in Texas had no sooner set up themselves, than they adopted a constitution, in which they aimed, — first, to secure themselves and their children for ever, the blessings of sla- very ; and secondly, to acquire the aid and pro- tection of the United States. The first object was to be attained by a constitutional prohibition of both private and legislative emancipation ; and by making it a fundamental law of the Republic, that no free black or mulatto person should re- side within its boundaries ; and the second object, by giving to the United States in perpetuity, a monopoly of the slave market in Texas, — the im- portation of slaves from any other country, being absolutely prohibited, thus promising to realize the golden visions of the Virginia breeders. A feverish impatience now pervaded the south- ern States for the acknowledgement of Texan in- dependence ; — an impatience in which the north- 13* 150 MANAGEMENT TO EFFECT ern speculators fully participated. Acknowledge- ment it was seen, must precede annexation, since the latter could only be effected by a treaty with Texas as an independent power. Still policy re- quired that this measure should be cautiously managed, lest the North should become alarmed at this scheme for vesting the whole political power of the Union in the hands of the slave- holders, and the northern members of Congress be found for once refractory. Congress met in December, 1836, and on the 22d of the same month, President Jackson sent them a special message in relation to Texas. He remarked : " Prudence seems to dictate that we should still stand aloof, and maintain our present at- titude, if not till Mexico, or one of the great foreign powers shall recognise the independence of the new Government, at least until the lapse of time, or the course of events shall have proved beyond all cavil or dispute, the ability of that country to maintain their separate sovereignty, and to uphold the Govci nment constituted by them. ' This message dissipated all apprehensions on the part of the friends of freedom, of a speedy ac- knowledgement, and relieved Congress from the remonstrances and petitions with which their ta- bles would otherwise have been loaded. THE RECOGNITION OF TEXAS. 151 It was obvious, however, that if we could con- trive to become embroiled in a war with Mexi- co, we might then seize upon Texas, and hold it by right of conquest, without any violation of our neutral obligations : and that by this process, the annexation might be effected with even more fa- cility than by a compact with Texas as an inde- pendent power. Accordingly about two weeks after the late message, the President sent another to Congress on our grievances against Mexico — grievances about which the people at large knew and cared nothing. This message recommended the passage of a law authorizing the President to employ a naval force against Mexico if she re- fused "to come to an amicable adjustment of the matters in controversy between us, upon another demand thereof, made from on board one of our vessels of war on the coast of Mexico" This proposition was coldly received, neither Congress nor the nation seeming to approve of such a no- vel and summary way of declaring war ; and no one having the slightest desire for war, except those who were anxious for the annexation. It being found that a war could not be had, another game was played. The session was to close on the 3d March. The strongest opposition to Texas was to be apprehended in the Lower House. 152 MANAGEMENT TO EFFECT Four days before the termination of the session, a motion was there made to add a clause to the appropriation bill, making provision for the salary of a diplomatic agent to Texas. There was no time for long speeches, and the motion was adopted with the amendment " to be sent by the President whenever he shall receive satisfactory evidence that Texas is an independent power, and shall see fit to open a diplomatic intercourse with her." The late message proved that the President had not yet received " the satisfactory evidence," and anticipated it only from the action of the great foreign powers, or " the lapse of time." Little hesitation therefore was felt in leaving the subject under the control of the Ex- ecutive. The House of Representatives, in which there was a majority of northern members, hav- ing been thus managed, and a salary secured for a Minister to Texas ; the veil was thrown aside in the Senate, and two days before the end of the session, it was "Resolved, that the State of Texas, having established and maintained an independent government, capable of performing those duties, foreign and domestic, which appertain to inde- pendent governments, and it appearing that there is no longer any reasonable prospect of the suc- cessful termination of the war by Mexico against THE RECOGNITION OF TEXAS. 153 said State, it is expedient and proper, and in con- formity with the laws of nations and the prece- dents of this Government in like cases, that the independent political existence of said State, be acknowledged by the Government of the United States." As the whole tenourof this resolution was in di- rect opposition to the message of the 22d Decem- ber, and as nothing had occurred since that date to weaken the positions assumed in the message, one of the Senators in opposing the resolution, very naturally alluded to the views entertained by the President. On this, Mr. Walker, a Sena- tor from Mississippi, rose in his place and de- clared, that " he had it from the President's own lips, that if he ivere a Senator, he would vote for this resolution //" At eleven o'clock of the night of the 3d March, an hour before his term of office expired, and just as the Senate was about adjourning, the Presi- dent sent them the nomination of a Minister to Texas. The conduct of the Federal Government to- wards Texas and Hayti, places in a strong light the influence of slavery on oiir national councils. The latter State has been independent both in name and in fact for thirty-seven years, yet we 154 DIFFERENCE OF CONDUCT still refuse to recognise her. Twelve months af- ter Texas declared her independence, she was received by us into the family of nations, and honoured by an interchange of diplomatic agents. For thirty-five years, the soil of Hayti has not been trodden by an invader ; only ten months before the acknowledgement of Texas, a Mexican army was carrying terror and destruction through its territory. That army had indeed been de- feated, but another was preparing to renew the contest. Hayti had long been at peace with all the world. Mexico claimed Texas as its own, and solemnly avowed its determination to chas- tise and suppress the revolt. Hayti achieved her independence after a long and arduous struggle with powerful armies, and has a population of a million to maintain it. Texas, when acknowledg- ed, could appeal only to the fortunate result of a single battle as evidence of her national power, while she had no more than 60,000 inhabitants to contend against the eight millions of Mexico. With Hayti, we had a large and valuable com- merce, while our commerce with Texas was only in expectancy. Yet has slavery estranged our Government from the one nation, and led it to welcome to its embrace another, incomparably inferior in political strength and moral worth. TOWARDS HAYTI AND TEXAS. 155 The indecent haste with which Texas was ac- knowledged, and the trickery by which the ac- knowledgement was effected, were prompted by the desire of annexation. A southern journal speaks thus frankly on the subject. " Does any sober observer contend — can he in the face of facts, that Texas has substantially, according to the usages of nations, accomplished her indepen- dence ? Was there not an even chance, to put the matter on the most favourable footing, that the victory of Jacinto might this campaign be re- versed ? But natural feeling has outstripped the prudence of our Government, usually discreet and judicious, and social sympathy has done what po- litical precedent, and possibly expediency, might not have sanctioned. The debate in the British Parliament shows how well State papers and offi- cial ceremonies " (viz. the President's Message,) u may delude, or seem to delude foreign govern- ments. While Lord Palmerston and O'Connel were defending our Government from any im- proper haste in acknowledging the independence of Texas, the deed is consummated !" — The Port Gibson (Miss.) Southerner. The whole slave region, with scarcely an ex- ception, demanded a union with the new State. " The very reasons," said the Charleston Mercu- 156 EFFORTS TO EFFECT ry, " so intemperately urged by the North against it, that it will increase the political weight of the southern States, and perpetuate and extend the curse of slavery, are our best reasons for it" The legislatures of South Carolina, Mississippi, and Tennessee, all passed resolutions in favour of the annexation. Many individuals at the North had likewise a deep pecuniary interest in the question. They had speculated largely in ^exas lands, but their title would be of but little value, so long as they depended on the faith of the law- less adventurers who possessed the country. — Could that country be received into the Union, and subjected to the acts of Congress and the ju- risdiction of the Supreme Court, their purchases might ensure to themselves or their families, princely estates. A writer in the Salem Gazette, (Mass.) probably a speculator, in vindicating the annexation, thus appealed to the avarice of New- England. "It is calculated that the value of one kind of property in the South, slaves, will be en- hanced so much, that that portion of our country will realize one or two hundred millions of dol- lars ; and the South cannot be enriched without benefiting the North — the money will naturally come here at last." The people of Texas were no less desirous of ANNEXATION OF TEXAS. 157 annexation than southern slaveholders, or north- ern speculators. The plan of union was avowed from almost the very commencement of the re- bellion. In August, 1836, S. F. Austin, in an ad- dress offering himself as a candidate for the Pres- idency, told the people : — " I am in favour of the annexation, and will do all in my power to effect it with the least possible delay." W. H. Jack, a candidate for the legislature, declared : " I am decidedly and unequivocally in favour of annex- ing Texas to the United States." Gen. Houston, the Commander-in-chief, intimated that "the an- nexation was essential to the interests of the new country." The Texan Congress resolved, "that the President of the Republic of Texas be em- powered and authorized to despatch a commis- sioner or commissioners to the United States of America, to obtain a negotiation of our indepen- dence, and enter into a treaty with that Govern- ment for a union on a footing with the original States." The first condition prescribed for this proposed union, was, "the free and unmolested AUTHORITY OVER TI1EIR SLAVE POPULATION !" On the 4th August, 1837, the negotiation was opened by the Texan Minister at Washington, by a proposition " to unite the two people under one and the same government." The acceptance of 14 158 ANNEXATION OF TEXAS. U this proposition would of course have been equiva- lent to a declaration of war against Mexico ; a responsibility which Mr. Van Buren did not see fit to assume, especially in the recess of Congress. He declined entering into the negotiation, on the grounds that the United States were, at present, at peace with Mexico, and that that power had not acknowledged the independence of Texas. As this answer merely postponed the annexation on account of an obstacle easily removed, it was en- tirely satisfactory to the South, and the more so as the President's message to Congress on the 4th of the ensuing December, wore a very belli- gerent aspect towards Mexico. This formal attempt at annexation roused the fears of the North, and innumerable remonstrances against the measure were presented to Congress. In the meantime Mexico, by proposing a submis- sion of her differences with the United States to arbitration, removed all pretence for immediate war. Under these circumstances, the southern delegation in Congress thought it most prudent not to press the annexation. The Texans, more- over, finding themselves unmolested by Mexico, who had become involved in war with France; and observing the strong hostility manifested to- wards the measure in the United States, formally TEXAN AND CANADIAN REBELS. 159 withdrew her application for admission into the Union. It is folly, however, to suppose that the project of annexation is abandoned either by the South, or by Texas ; nor does it need the gift of prophecy to foresee that the first favourable op- portunity of making war upon Mexico, will be readily embraced by the Federal Government. Should such a war be effected, the dominion of the whip may, perhaps, be extended from Mary- land to Panama. It may not be amiss here to compare the conduct of the Federal Government towards the Texan and the Canadian rebels. The first were slaveholders re-establishing slavery on a soil from which it had been banished ; and they enjoyed from the first the sympathy of our government, who took care to interpose no real obstacle to an invasion on their behalf from the United States : while for the purpose of aiding them it laboured to excite an immediate war with Mexico. The Canadian rebels were professedly fighting for liberty, and should they succeed, there was no probability that negro slavery would crown their triumph. They, like the Texans, looked to us for aid ; but the President, now alive to the obligations of neu- trality, and finding the existing laws insufficient to enforce them, applied to Congress and received 160 MEXICO AND GREAT BRITAIN. additional powers. Troops were sent to the frontiers, not to swell by desertion the ranks of the rebels, but in good faith, forcibly to prevent American citizens from abetting the revolt. A war with Mexico was desired by the slavehold- ers, and the President was for negotiating on board an armed vessel. A war with Great Bri- tain, emphatically an anti-slavery nation, is now viewed with horror and dismay by the whole South,* and the Executive has sedulously endeav- oured to avoid it. We have now presented numerous instances of the action of the Federal Government in be- half of slavery ; but our task is not completed. We are still to view that Government, which, in the language of the Constitution, was established " to secure the blessings of liberty to ourselves and our posterity ;" assailing the constitutional rights of the citizen, in order to rivet the fetters of the slave ; striving to extinguish the freedom of the press, the freedom of debate, and the right of petition, to perpetuate property in human flesh. These, we are sensible, are strong asser- * A distinguished southern senator, speaking of the importance of preserving our neutrality on the Canada frontier, declared that in his opinion •' a war with England would be the heaviest calam- ity that could befall the country." CHARLESTON POST-OFFICE. 161 tions — we solicit attention to the facts on which they are founded, and first to The attempt of the Federal Government to ESTABLISH A CENSORSHIP OF THE TRESS. In the summer of 1835, the Anti-slavery Soci- ety in New- York, directed their publisher to for- ward a number of their periodical papers, con- taining facts and disquisitions on the subject of slavery, to various southern gentlemen of distinc- tion, in the hope of exciting by this means, a spirit of inquiry among persons of influence and character. But it was precisely such a spirit of inquiry, that the advocates of perpetual bondage feared might be fatal to their favourite institution. Hence they affected to believe that the papers sent to the masters, were intended to excite the slaves to insurrection, and they succeeded in maddening the populace to fury. A mob broke into the Charleston Post-Ofnce, and seizing a quan- tity of anti-slavery papers, burned them in the street. This outrage was virtually approved by the City Council ; and at a public meeting, a com- mittee of "gentlemen" was appointed to take charge of the northern mail on its arrival, ac- company it to the Post-Office, and see that no 14* 162 mr. Kendall's letter. papers advocating the rights of man, should be delivered to their owners. The Post-Master in- formed the head of the department, that under existing circumstances, he had determined to sup- press all anti-slavery publications, and asked for instructions for the future. It should here be re- collected that of all the political advisers of the President, Mr. Kendall, at this time acting as Post-Master General, was the most odious to the opposite party. He had been appointed during the recess of the Senate, and it was regarded as a matter of course, that on the meeting of that body, in which the opposition had a majority, his nomination would be rejected. The constitution forbade a censorship of the press, and had the people been disposed to delegate so formidable a power, they certainly would not have vested it in the 10,000 deputies of the Post-Master General. The law moreover expressly required every post- master to deliver the papers received by him, to the persons to whom they were directed. Such were the circumstances under which Mr. Kendall returned his famous answer. After stat- ing that not having seen the papers in question, he could not judge of their character, but had been informed that they were incendiary, inflam- matory, and insurrectionary, he added : " By no mr. Kendall's letter. 163 act or direction of mine, official or private, co:ild I be induced to aid knowingly in giving circulation to papers of this description, directly or indirect- ly. We owe an obligation to the laws, but a higher one to the communities in which we live ; and if the former be perverted to destroy the latter, it is patriotism to disregard them. Enter- taining these views, I cannot sanction and will not condemn the step you have taken." This let- ter taught the Senate that the new officer was willing to conduct the Post-Office in a manner calculated to protect the "domestic institution" from the assaults of truth and argument, and his nomination was confirmed. Mr. Kendall was at the date of his letter, a member of the Cabinet, and it was understood that the novel, extraordi- nary,and dangerous doctrine of that letter received the sanction of the President. On the opening of Congress, President Jackson in his message, recommended the " passing of such a law as will prohibit under severe penal- ties, the circulation in the southern Slates through the mails, of incendiary publications intended to instigate the slaves to insurrection." The propo- sed law it seems, was not to prohibit the printing of certain papers, nor their committal to the mails in the northern States, but only their circulation 164 president's calumny in the slave region. Of course certain persons, post-masters we presume, were to be required under " heavy penalties," to stop these papers ; and they were necessarily to be judges of the character of the papers, and of the intentions of their writers. From what code of despotism did our very democratic President derive his plan for destroying the efficiency of the Press? By a contemptible quibble, this plan was to evade the constitutional guarantee of the freedom of the press. It was not to interfere with the press — not at ail — it was merely to prevent the circu- lation of its productions! The press was still to be free to pour forth its arguments against slave- ry* only " heavy penalties " were to prevent the people from reading them! The reason moreo- ver assigned for this proposed high-handed act of tyranny, was a most malignant and wilful calum- ny. It was to prevent the circulation in the southern States of publications intended to excite the slaves to insurrection. Such a proposal from the first magistrate of the country to Congress, and following the affair at Charleston, and Mr. Kendall's letter, irresistably fixes upon the mem- bers of the American Anti-slavery Society at New-York, the charge of sending papers into the southern States for the purpose and with the de- AGAINST THE ABOLITIONISTS. 1G5 sire of effecting the massacre of their fellow-citi- zens. If the President really believed that such was the object of the New-York abolitionists, and such the character of their publications, and if he thought it his official duty to bring the subject be- fore Congress, he owed it to himself, to the coun- try, to truth and to justice, to have submitted to Congress the facts and documents, on which he founded his proposed invasion of the constitution- al rights of his fellow-citizens. But he cautiously avoided specifying a single fact, or quoting a single sentence in support of his tremendous accu- sation, or in justification of his most unwarranta- ble proposition ; and when written to by the act- ing committee of the New-York Society for proof of his charge against them, he deemed it most prudent not to return an answer ! Surely the burden of proof rests upon him, who in a solemn official address to the Legislature, holds up a por- tion of his fellow-citizens as miscreants engaged in plotting murder and insurrection ; and urges the enaction of a law to counteract their execra- ble machinations. It is often difficult to prove a negative ; but in this instance, the falsehood of the President's charge is amply demonstrated by an official doc- ument from the slaveholders themselves. We 166 INSURRECTIONARY LANGUAGE give this document, not to exculpate the members of the New- York Society from a calumny which their own characters abundantly refute, but to show in a strong light the unprincipled means to w r hich the Federal Government is capable of resorting to uphold the "peculiar institution" of the South. A grand jury in Alabama, conceived the bright idea, that the publication of tracts at the North against slavery might be arrested, by indicting the publishers as felons, and then demanding them from the Governors of their respective States as fugitives from southern justice. It w r as necessary, however, to specify in the indictment, the precise crime of which they had been guilty ; a necessity which the President regarded as not applicable to his message. We may well suppose therefore, that the grand jury wo Ad endeavour to secure the success of this, their first experiment, by selecting from the various publications alluded to by the President and Mr. Kendall, as sent to the South for the purpose of exciting insurrection, the most insurrectionary, cut-throat passages, they cculd find. Behold the result. il State of Alabama, ) Circuit Court, September Tuscaloosa county. \ Term, 1835. The grand jurors, * * * * upon their IN THE STATE OF ALABAMA. 107 oath present, that Robert G. Williams, late of said county, being a wicked, malicious, seditious, and ill-disposed person, and being greatly disaffected to the laws and government of said State, and fe- loniously, wickedly, maliciously, and seditiously contriving, devising, and intending to produce conspiracy, insurrection, and rebellion among the slave population of said State, and to alienate and withdraw the affection, fidelity, and allegiance, of said slaves from their masters and owners, on the tenth day of September, in the year of our Lord one thousand eight hundred and thirty-five, at the county aforesaid, feloniously, wickedly, ma- liciously, and seditiously did cause to be distribu- ted, circulated, and published, a seditious paper, called "The Emancipator," in which paper is published according to the tenour and effect fol- lowing, that is to say : " God commands, and all na- ture cries out, that man should not he held as pro- perty. The system of making men property, has plunged 2,250,000 of our fellow-countrymen into the deepest physical and moral degradation, and they are every moment sinking deeper T In open violation of the Act of the General Assembly in such case made and provided, to the evil and per- nicious example of all others in like case offend- 168 ACTION OF THE SENATE ing, and against the peace and dignity of the State of Alabama."* In the Senate, the recommendation of the Pre- sident was referred to a committee, who reported a bill prohibiting postmasters from delivering 44 any pamphlet, newspaper, handbill, or other printed paper, or pictorial representation, touching the subject of slavery in any State, in which their circulation is prohibited by law," The object of this bill was by means of federal legislation, to build around the slave States a rampart against the assaults of light and truth. Its absurdity was equalled only by its wickedness. Not a newspa- per containing a debate in Congress, a report from a committee, a message from the President, a letter from the West Indies, 4 , 4 touching the sub- ject of slavery," could be legally delivered from a southern post-office ; and thousands of postmasters were to be employed in opening envelopes, and poring over their contents, to catch a reference to the " domestic institution." By this bill, the Federal Government virtually ♦Another count was added for distributing " The Emancipator," but without giving any extracts. It is scarcely necessary to add, that "Williams had never been in Alabama. Yet on this indict- ment, he was demanded of the New- York Executive as a fugitive felon, by the Governor of Alabama. CENSORSHIP OF THE PRESS. 1G9 surrendered to the States, the freedom of the press, and nullified the guarantee of this inestima- ble privilege, given by our fathers in the Constitu- tion to every citizen. This bill, moreover, pre- pared the way for the destruction of civil and re- ligious liberty. If every paper touching the sub- ject of slavery might be suppressed, then the same fate might just as constitutionally be awarded to every paper touching the conduct of the admin- istration, or the doctrine of the Trinity. It es- tablished a censorship of the press on one subject, which might afterwards be extended to others. Yet this bill, absurd and unconstitutional as it was, went through its regular stages with little opposi- tion, till the important question was taken on its engrossment; — the vote stood 18 to 18. The casting vote was now required from Mr. Van Bu- ren, who, as Vice President, occupied the chair. He gave it for the slaveholders, and received from them at the ensuing election, sixty-one electoral votes, by means of which, he became President of the United States.* On the final question, the bill was rejected, and this attempt to trammel * The two Senators from New- York, Messrs. Wright and Tall- madge, political friends of Mr. Van Buren, supported the bill. It is due to justice to mention, that the bill was finally lost by tho votes of several southern Senators. 15 170 RIGHT OF PETITION AND the press for the protection of slavery, defeated. A very different result however, has attended The effort of the Federal Government to nullify the right of petition and the free- dom of debate. For thirty years past, petitions have been presented to Congress for the abolition of sla- very in the District of Columbia, and the na- tional territories ; and until latterly, were receiv- ed and treated like other petitions. But hav- ing within a few years prodigiously increased in number, and some northern members having shown a disposition to advocate their prayer, a most extraordinary course has been pursued in re- lation to them. The reason of this course is ex- plained by the following passage from a speech by Mr. Strange, a Senator from North Carolina. "Every agitation of this subject (slavery,) weak- ens the moral force in our favour ; and breaks down the moral barriers which now serve to pro- tect and secure us. We have every thing to lose, and noticing to gain by agitation and discussion:' The frankness of this confession is as remarka- ble as its truth is unquestionable ; and it shows us why the advocates of slavery instead of meet- ing their opponents in argument, have sought to FHEEDOM OF DEBATE. 171 silence them by brute force, and penal enact- ments. One of the most unequivocal and undoubted ofall constitutional rights is that of petition, and it is more- over, expressly guaranteed by the constitution. But this right has been most audaciously nullified by both branches of the national legislature. The Senate have not, it is true, avowedly refused to receive anti-slavery petitions, but they have adopt- ed a course which answers the same purpose. The practice for some years past has been to lay the question of reception on the table without de- ciding it, and the petition not being in fact re- ceived, cannot be discussed, nor any measure re- specting it taken. This course is no less at vari- ance with the constitutional rights of the petition- ers, than it is with those of the members of tho Senate. The rights of petition and freedom of debate are both nullities, if the body to which a prayer is addressed, is prohibited from listening to it, and the individual members are prohibited from noticing it. Would it be no violation of the Constitution were the Senate to order that every petition, " touching the subject of slavery," should be delivered to their doorkeeper, to be committed by him to the flames ? And yet in what particu- lar, are the rights of the petitioners more respect- 172 RIGHT OF PETITION AND ed by the practice we have mentioned ? The pe- titions are not indeed burned, but they are left in the pockets of those to whom they were entrust- ed ; and not being received, the Senate is sup- posed to be ignorant of their contents, and of course no member is permitted to discuss their merits, or to propose any measure founded upon them. Let us now turn to what is regarded as the popular branch, — the House of Representa- tives, — intended to be the special guardian of the liberties of the people, as the Senate is of the rights of the States. In May, 1836, a committee reported to the House, a resolution prefaced with this extraordi- nary avowal : " Whereas it is extremely import- ant and desirable, that the agitation on this sub- ject (slavery) should be finally arrested for the purpose of restoring tranquillity to the public mind, your committee respectfully recommend the following resolution." Here then is an acknowledged, unblushing in- terference by the Federal Government, in behalf of slavery ; an avowed interference to arrest that agitation, which we are assured by Mr. Strange, " breaks down the moral barriers," which serve to protect and secure a system of iniquitous cruelty and oppression. To arrest FREEDOM OF DEBATE, 173 this agitation, the committee did not scruple to recommend a measure, breaking down the consti- tutional barriers erected to protect and secure the rights and liberties of the people of the United States. The resolution reported by the commit- tee, was adopted by the House, on the 26th of May, 1836, and is in these words : " Resolved, that all petitions, memorials, resolu- tions, and propositions relating in any way, or to any extent whatever, to the subject of slavery, shall without being either printed or referred, be laid on the table, and that no farther action whatever shall be had thereon." Ayes 117 — Nays 68. It is worthy of remark, that of the ayes, no less than 62 were from the free States ! The advo- cates of this resolution, conscious that it could bear discussion as little as slavery itself, caused it to be adopted through the operation of the previ- ous question, by a silent vote. We have exhibited the character of slavery and the slave trade at the seat of the Federal Gov- ernment, and have shown that Congress is the lo- cal legislature of the District of Columbia, hav- ing "exclusive jurisdiction over it in all cases whatever." Now one of the peculiar atrocities of this resolution is, that it wrests from every mem- 15* 174 RIGHT OF PETITION AND ber of the House, his constitutional right to pro- pose such measures for the government of the Dis- trict as justice and humanity may require. Slaves might be burned alive in the streets of the Capital; the slavers might be crowded to suffocation with human victims; every conceivable cruelty might be practised, and no one member of the local legis- lature could be permitted to propose even a com- mittee of inquiry, "relating in any way, or to any extent whatever, to the subject of slavery !" The fact that 62 northern members on this oc- casion, arrayed themselves on the side of the slaveholders, affords a melancholy and alarming proof of the corrupting influence which slavery is exerting on the morality and patriotism of the free States. This foolish and wicked expedient to "restore tranquillity " to the people, by trampling on their rights and gagging their representatives, failed of success. The petitioners at this session w 7 ere 34,000, — at the next the number was swelled to ONE HUNDRED AND TEN THOUSAND ! and the gag was renewed. During the session of 1837-8, the number rose to three hundred thousand. Early in the last mentioned session, a member from Vermont, presented a petition for the abo- lition of slavery in the District of Columbia, and FREEDOM OF DEBATE. 175 took the liberty to offer some remarks on the subject of slavery. This attempt to break down " the moral barriers," threw the southern members into great trepidation, and the scene which en- sued, illustrates the system of intimidation, to which we have already adverted. The Speaker was interrupted by a gentleman from Virginia, calling aloud, and asking his colleagues to retire with him from the hall ; — another from Georgia exclaimed, that he hoped the whole southern dele- gation would do the same ; — a third from South Carolina declared, that all the representatives from that State ' had already signed an agreement.' The House adjourned, and a southern member invited the gentlemen from the slaveholding States to meet immediately in an adjoining room. The meeting was held, but its proceedings were not made public. The result, however, was manifest in the introduction next morning, of another gag resolution, directing all memorials, petitions, and papers touching the abolition of slavery in the national territories, and of the American slave trade, to be laid on the table, without being print- ed, read, debated, or referred, and that no farther action should be had thereon. Through the ac- quiescence of northern members, it was passed by a silent vote. 170 RIGHT OF PETITION AND At the beginning of the next session, a meeting of the admininistration members was held, at which it was determined to renew the gag; and as a proof of the devotion of the democratic party at the North to the cause of slavery, it was ar- ranged that now, for the first time, the odious measure should be proposed by a northern man : nay, not merely a northern man, but a native of New-England — a representative from New- Hampshire. The resolution was accordingly in- troduced, and was passed on the 12th December, 1838, and has given notoriety to the name of Atherton. Thus we see a persevering, systematic effort on the part of Congress to protect slavery by suppressing debate, and throwing contempt upon the petitions of hundreds of thousands of Ameri- can citizens. That this should be done by slave- holders was perhaps to have been expected ; but that they should be aided in such a desperate assault upon constitutional liberty by northern men, for the paltry consideration of southern votes and southern trade, is mortifying and alarming. The meeting of extremes is a trite illustration of human inconsistency. If, in Doc!or Johnson's time, the loudest yelps for liberty were heard from the drivers of slaves ; the loudest yelps in the northern States against aristocracy, chartered mo- FREEDOM OF DEBATE. 177 nopolies and oppression of the poor, are now heard from men who have laboured to perpetuate the bondage of millions, by gag laws, and restric- tions on the freedom of speech and the press. These men are acting from party views, and are rushing to battle under the war cry of "Van Buren and slavery," in hopes, through southern auxiliaries, of enjoying the spoils of victory. Oth- ers again, without the slightest sympathy in the political principles of these men, and with their ears stuffed, and their hearts padded with cotton, are cooperating with them in behalf of slavery, from their love of southern trade.* We will here close our protracted investigation with a brief Recapitulation of the action of the Federal Government in behalf of slavery. This action we have found exhibited (omitting constitutional provisions) in 1. Its effort to degrade the free people of colour * The following arc strong and amusing instances of the meet- ing of extremes. In the Spring of 1837, the whig merchants of New- York, sent a deputation to Washington to request the Pre- sident to adopt certain measures to relieve the commercial embar- rassments of the country. The request was declined, and a great meeting was convened to receive the report of the deputation. 178 ACTION OF THE FEDERAL GOVERNMENT. by excluding them from the militia ; prohibiting them from driving a mail waggon — denying naturaliza- tion to foreigners of their complexion — subjecting them to odious disqualifications and restrictions in the City of Washington ; and above all in permit- ting them without trial, at the discretion of the marshal, to be sold as slaves to pay their jail fees. 2. In its tolerance of slavery in territories under its exclusive jurisdiction. 3. In its arbitrary, unconstitutional, and wicked laws for the arrest of fugitive slaves. The report which was adopted by the meeting, recommended ef- forts to displace Mr. Van Buren, and as one means of effecting this object, exhorted the merchants to " appeal to our brethren of the South for their generous co-operation ; and promise them that those who believe the possession of property of any kind'' (not excepting men, women, and children,) "is an evidence of merit, will be the last to interfere with the rights of properly of any kind ; discourage any effort to awaken an excitement, the bare idea of which should make every husband and father shudder with horror.'' In plain English, ifthe slaveholders would make common cause' with the New- York merchants against Mr. Van Buren, they in return would make common cause with the slaveholders against the abo- litionists. But democrats know the value of southern votes quite as well as the whigs. Accordingly we find in the Washington Globe of Feb. 9, 1839, a speech intended to have been delivered, but pre- vented by the gas resolution, by Mr. Eli Moore, a double-refined democrat, President ofthe New-York Trades' Union, and represen- tative from that City in Congress. This gentleman tills us "the wild, enthusiastic, and impetuous spirit which kindled the fires of ACTION OF THE FEDERAL GOVERNMENT. 179 4. In its negotiation with Great Britain and Mexico for the surrender of fugitive slaves. 5. In its invasion of Florida, in pursuit of fugi- tive slaves. G. In its negotiations with Great Britain, for compensation for slaves who had taken refuge on board British ships of war. 7. In its negotiation with Great Britain, for compensation for slaves, ship-wrecked in the West Indies. 8. In its tolerance, protection, and regulation of the American slave trade. Smithficld, and strewed the plains of Palestine with the corses of the crusaders, stands with lighted and uplifted torch hard by the side of abolitionism, ready to spread conflagration and death around the land " — he declares that "so long as the Democratic or State Rights' party shall maintain the ascendency, the efforts of the abolitionists will be comparatively innoxious :" and he announces what will be no less news to the New-York merchants, that it is to abolitionists, that " the Federal or National Bank Party, be- lieve the Federal Legislature not only have the power to abolish slavery in the District of Columbia, but also in the States." From the opinions and motives we have ascribed to masses, we know there are many exceptions. No community can offer bright- er examples of virtue and philanthropy than the merchants of New-York ; and he who thinks that there are not among our ultra-democrats, men who conscientiously believe the principles they profess, and act in consistency with them, does not know them. 180 ACTION OF THE FEDERAL GOVERNMENT. 9. In its duplicity, with regard to the abolition of the African slave trade. 10. In its efforts to prevent the abolition of slavery in Cuba. 11. In its conduct towards Hayti. 12. In its conduct towards Texas. 13. In its attempt to establish a censorship of the press. 14. In its invasion of the right of petition, and the freedom of debate. Such has been the action in behalf of human bondage, of a Government which, in the language of the constitution, was formed to establish justice, and secure the blessings of liberty. And by whom are the men composing the Go- vernment which thus perverts the objects of its institution, invested with their power ? They are the agents, the mere instruments of the people of the United States — of the North and the East, as well as of the West and the South. This con- sideration calls us to consider The responsibility of the free States. The advocates of slavery and the tools of par- ty, are continually telling us, that "the North has nothing to do with slavery" A volume might be RESPONSIBILITY OF THE FREE STATES. 181 filled with facts, proving the fallacy of this asser- tion. There is scarcely a family among us, that is not connected by the ties of friendship, kindred, or pecuniary interest, with the land of slaves. That land is endeared to us by a thousand recollections — with that land we have continual commercial, political, religious, and social intercourse. There in innumerable instances, are our personal friends, our brothers, our sons and our daughters. How malignant and foolish then is the falsehood, that the thousands and tens of thousands of abolitionists among us, are anxious to see that land reeking in blood ! But the more intimate are our connexions with that land, the more exposed are we to be con- taminated by its pollutions ; and the more im- peratively are we bound to seek its real welfare. Let it then sink deep in our hearts, let it rest upon our consciences, that in every wicked and cruel act of the Federal Government in behalf of slavery, the people of the North have partici- pated, — we might almost say that for all this wickedness and cruelty, they are solely responsi- ble ; since it could not have been perpetrated but with the consent of their representatives. Vast and fertile territories, which might now have been inhabited by a free and happy population^ 10 182 RESPONSIBILITY OF THE FREE STATES. have by northern votes been converted, to use the language of the poet, into "A land of tyrants, and a den of slaves." By northern Senators, have our African slavers been protected from the search of British cruis- ers. By northern representatives, is the Ameri- can slave trade protected, and the abominations enacted in the Capital of the Republic, sanctioned and perpetuated: and northern men are the offi- ciating ministers in the sacrifice of constitutional liberty on the altar of Moloch. But representa- tives are only the agents of their constituents, speaking their thoughts, and doing their will. The people of the North have done " this great wickedness." When they repent, when they love mercy, and seek after justice, their representa- tives will no longer rejoice to aid in transforming the image of God into a beast of burden — then will the human shambles be overthrown in the Capital — then will slavers "freighted with de- spair," no longer depart from the port of Alex- andria, nor chained coffles parade the streets of Washington. Then will the powers of the Fede- ral Government be exercised in protecting, not in annihilating the rights of man ; and then will the slaveholder, deprived of the countenance of the DIVISION OF THE UNION. 183 free States, as he is already of nearly all the rest of the civilized world, be led to reflect calmly on the character and tendency of the institution he now so dearly prizes, and seek his own welfare and that of his children in its voluntary and peace- ful abolition. But here we are confronted with direful pro- phecies. Let us then proceed to inquire into The probable influence of the Anti-slavery agitation on the permanency of the union. Before we can predict what this influence will be, we must first inquire, what will probably be the direction and aim of the agitation ? Every State possesses all the powers of independent sovereignty, except such as she has delegated to the Federal Government. All the powers not specified in the Constitution as delegated, are by that instrument reserved. Among the powers specified, that of abrogating the slave codes of the several States, is not included ; on the contrary, the guarantee of the continuance of the African slave trade for twenty years, the provision for the arrest of fugitive slaves, and the establishment of the federal ratio of representation, all refer to and acknowledge the existence of slavery under 184 RIGHTS OF THE SOUTH. State authority. If therefore the abolitionists* unmindful of their solemn and repeated disclaim- ers of all power in Congress to legislate for the abolition of slavery in the States, should with un- exampled perfidy attempt to bring about such le- gislation ; and if Congress, regardless of their oaths, should ever be guilty of the consummate folly and wickedness of passing a law emancipa- ting the slaves held under State authority, the Union would most unquestionably be rent in twain. The South would indeed be craven could it submit to such profligate usurpation ; it would be compelled to withdraw, not for the preserva- tion of slavery alone, but for the protection of all its rights; and indeed the liberties of every State would be jeoparded under a government, which, spurning all constitutional restraints, should assume the omnipotence of the British Parliament. But it is scarcely w r orth while to anticipate the conse- quence of an act which can never be perpetrated so long as the people of the North retain an ordi- nary share of honesty and intelligence. We have, under all the circumstances of the case, sufficient reasons for believing that the anti- slavery of the North, will carry its action to the very limits of the Constitution, but not beyond them. In despite of all the coalitions of parties, POWERS OF CONGRESS. 185 and the intrigues of politicians, liberty of speech and of the press will be maintained, and the dis- cussion of slavery will be extended by the very efforts made to arrest it. Let us suppose this dis- cussion to be attended with its natural and proba- ble result, the conversion of the great mass of the northern people to the principles and avowed ob- jects of the abolitionists. Of course, those prin- ciples and objects will be embraced by their rep- resentatives in Congress. In this case, we may expect that slavery will be abolished in the District of Columbia, and that it will be prohibited in the territories hereafter to be formed on the west of the Mississippi. Thus far the constitutional power of Congress cannot be rationally questioned. Inde- penndent of the exclusive jurisdiction over the ter- ritories granted to Congress, we have the prece- dent of the ordinance of 1787, prohibiting slave- ry in the North-west Territory, and the more re- cent precedent of the prohibition of it in the Lou- isiana territory north of 38|° of north latitude. The American slave trade is now, and has been for upwards of thirty years, prohibited in vessels under forty tons burden. It would not be easy to show that the Constitution forbids its prohibi- tion in vessels over forty tons burden. We may therefore take it for granted, that the Senate's 16* 186 DUTY OF CONGRESS. coasting trade will be legally abolished. Should the land traffic not be also destroyed, it would not be for want of disposition, or constitutional power in Congress, but on account of the extreme diffi- culty which would exist in preventing evasions of the law. We have now the sum total of national legis- lation, which on our present supposition, will re- sult from the anti-slavery action at the North. Yet we are positively assured that such legisla- tion would cause a dissolution of the Union. Now admitting the constitutional right, and the moral obligation of our national legislators, to pass the laws in question, it would be difficult to decide by what code of morals they could be excused from the discharge of their duty by the apprehen- sion of consequences. If God governs the world, more is to be feared from rebellion, than from obedience to his will. If his wisdom and good- ness are both infinite, his will is and must be an infallible standard of expediency. If it be folly to barter a single soul for the whole world, would it be wise to expose a nation to the wrath of Heaven, for a boon which we now 7 hold, and would continue to hold at the pleasure of men who are daily threatening to deprive us of it ? But we have no fears that Congress will ever MOTIVES FOR A SEPARATION. 187 find the faithful discharge of their duty, conflict- ing with the welfare and preservation of the Union. How far selfish and influential individuals may succeed in raising up at the South a party for secession, it is impossible to predict ; but it is not difficult to show that a separation founded on the legislation we have specified, would be most pre- posterous and disastrous, and therefore we may reasonably presume it will not occur. Should the South secede, they would do so we may suppose, for one or more of the following reasons, viz. 1. To protect their rights from invasion. 2. To guard and perpetuate the institution of slavery. 3. To increase their wealth and power. The North is the strongest portion of the con- federacy ; and whenever, unmindful of the federal compact, it wickedly and forcibly usurps power to the prejudice of the Souths secession is the on- ly resource left to the latter for the protection of its rights. But a disregard to the wishes, does not necessarily imply a violation of the rights of the South. Not one of the measures we have contemplated as the probable result of the anti- slavery agitation, encroaches on the constitutional rights of the South; and therefore secession, how- 188 ADMISSIONS OF SLAVEHOLDERS. ever it might be professedly justified, would in fact be prompted by other motives than that of self-defence. But so long as the Federal Gov- ernment confines its action against slavery within the limits of the Constitution, in what way would secession tend to guard and perpetuate the insti- tution ? It is natural that the slaveholders should wish to destroy the influence of the abolitionists, and hence they have very unjustifiably expressed fears respecting them which they do not feel, and circulated calumnies which they do not believe. The following admissions reveal the true nature of the apprehensions entertained by the slave- holders. Mr. Calhoun, alluding in the Senate to opinions expressed by some of his southern colleagues, ex- claimed : " Do they expect the abolitionists will resort to arms, and commence a crusade to liber- ate our slaves by force ? Is this what they mean when they speak of the attempt to abolish slave- ry ? If so, let me tell our friends of the South who differ from us, that the war which the abo- litionists wage against us, is of a very different character, and far more effective — it is waged not against our lives, but our character.'' Mr. Duff Green, the editor of the United ADMISSIONS OF SLAVEHOLDERS. 189 States Telegraph, and the great champion of sla- very, thus expressed himself in his paper. M We are of those who believe the South has nothing to fear from a servile war. We do not believe that the abolitionists intend, nor could they if they w r ould, excite the slaves to insurrection. The danger of this is remote. We believe that we have most to fear from the organized action upon the consciences and fears of the slaveholders themselves ; from the insinuation of their danger- ous heresies into our schools, our pulpits, and our domestic circles. It is only by alarming the con- sciences of the weak and feeble, and diffusing among our people a morbid sensibility on the question of slavery, that the abolitionists can ac- complish their object."* We would now respectfully submit to Mr. Cal- houn's consideration, whether a secession w r ould tend in any way to defend the characters of slaveholders from the war he contends is waged against them ; or fortify their consciences against the "dangerous heresies" by which they are as- sailed ? *The New- York whig merchants may learn from this candid avowal, that the " bare idea " of the abolition excitement docs not make every "husband and father shudder with horror" at the South, whatever it may do in Wall-street. 190 CONSEQUENCES OF A SEPARATION. The new slave nation would acquire from her se- parate independence, no new power to darken the understandings, or benumb the consciences of her citizens. The freedom of the press throughout the whole slave region, is already extinguished. Not one single newspaper, from Maryland to Florida, dares to raise its voice in favour of immediate emancipation ; and a southern publication, for ex- pressing views unfavourable to slavery, notwith- standing its bitter denunciations of abolitionists, was lately taken from a post-office in Virginia, and in pursuance of the laws of the State, com- mitted to the flames by order of the public au- thorities ; and when the laws are silent, lynch clubs are ready to visit with infamous and cruel penalties, the man who presumes to advocate the inalienable rights of man. What new ramparts could the southern confederacy build around their beloved institution? What new weapons could they forge against freedom of discussion ? At the North, the discussion of slavery is now greatly restricted by political and mercenary con- siderations ; but such considerations would be dissipated in a moment by secession. The very demagogues who are now fawning upon the slaveholders for their votes, would, when they had no longer votes to bestow, seek popularity in ultra hatred to slavery. CONSEQUENCES OF A SEPARATION. 191 The anti-slavery agitation at the North, is at present chiefly confined to the religious portion of the community ; it would then extend to all class- es, and be embittered by national animosity. — Slavery would appear more odious and detesta- ble than ever, after having destroyed the fair fabric of American Union, and severed the bonds of kindred and of friendship, to rivet more firmly the fetters of the bondman. The slaveholders are now our fellow-country- men and citizens ; they would then be foreigners who had discarded our friendship and connexion, that they might trample with more unrestrained violence upon the rights and liberties of their fel- low-men. These considerations show that any expectation of extinguishing or weakening the anti-slavery feeling at the North by separation, must be utterly futile. A separation would moreover deprive the in- stitution of the protection of the Federal Govern- ment. Should the slaves attempt to revolt, the masters would be left to struggle with them, un- aided by the fleets and armies of the whole Re- public. And by what power would the master recap- ture his fugitive who had crossed the boundary of the new empire ? Now he may hunt him through 192 CONSEQUENCES OF A SEPARATION. the whole confederacy, nor is the trembling wretch secure of his liberty, till he beholds the British standard waving above him. Tlien freedom would be the boon of every slave who could swim the Ohio, or reach the frontier line of the free repub- lic. And this frontier line be it remembered, would be continually advancing South. The anti-slavery feelings of the North, aggravated as they would be by the secession, would afford every possible facility to the fugitive, and laws would then be •passed, not for the restoration of human property, but for the protection of human rights. Would the dissolution of the Union afford the southern planters a more unrestricted enjoyment of the foreign or domestic slave trade ? Alas ! from the moment of separation, slave trading be- comes piracy in fact, as well as in name, and the crews of New-Orleans and Alexandria, as well as of African slavers, would swing on northern gib- bets. We confess then our utter inability to perceive in what possible mode, a secession of the southern States would tend to guard and perpetuate the in- stitution of slavery. Would a dissolution of the Union augment the power and wealth of the slave States ? The power and wealth of a nation depend on its population, CONSEQUENCES OF A SEPARATION. 193 industry, and commerce. The increase of the white population at the South is now small, com- pared with the wonderful tide of life which is roll- ing over the western plains. And when the southern region shall be insulated from the sym- pathies of the whole civilized world, and conse- crated to a stern and remorseless despotism, — a despotism sooner or later to be engulphed in blood, by what attraction will it divert the tide of emi- gration from the fair prairies of the west, to its own sugar and cotton fields ? If even now, armed patroles must traverse at night the streets and highways that the whites may sleep in safety, and military preparation is essential to domestic se- curity,* what husband or father will take up his residence in the new empire when withdrawn from the protection of the Federal Government, and the friendship of its neighbours ? The slaves are now rapidly gaining upon their masters, and will increase in a still greater ratio after the sepa- ration, since the prudent and the enterprising will abandon the doomed region, and few or none will enter it from without. Hence it is obvious that * "A state of military preparation must always be with us a state of perfect domestic security. A profound peace, and consequent apathy, may expose us to the danger of domestic insurrection.'' — Message of Gov. Hayne to the Legislature of South Carolina, 1833. 17 194 CONSEQUENCES OF A SEPARATION. the white population could gain no accession from the erection of the southern States into a separate confederacy. Would secession augment the wealth of the South ? Be it remembered that there is now no one restriction on southern industry and en- terprise which separation would remove. The slaveholders in Congress with rare exceptions, have conducted the affairs of the nation to suit themselves. So far as the interests of the north- ern manufacturer were identified with the tariff, they have been sacrificed at the mandate of the cotton grower; and so far as national legislation can promote the wealth of the South, the stat- utes are already enacted. It will not be denied that the larger portion of the strength of the Union — population, money, commerce, and shipping is to be found at the North. In all these elements of national power, the South participates equally with the North. The foreign invader is kept from her shores, and her property abroad is protected from spoliation at least as much by the power of the North, as by her own. Her strength for all purposes of de- fence, is the strength of the Union. What would it be after secession ? True it is, the South would receive Texas into her arms, but she would derive CONSEQUENCES OF A SEPARATION. 195 neither honour nor power from the loathsome em- brace. Annexation now would ensure to her the political dominion of the whole Republic, but after secession, would cause rather weakness than strength. As we can discover no possible advantage which the South could derive from secession, we are convinced that the threats of dissolving the Union, which her statesmen are so prodigal in scattering, are the ebullitions of passion, or the devices of policy, rather than the result of mature determination. This conviction is strengthened by still further considerations. Should the slave States withdraw without any aggression on their rights, but for the sole purpose of enjoying in greater privacy and tranquillity the sweets of slavery, they would leave the whole North in a state of high exasperation. The liga- ments which have so long bound us together, can- not be ruthlessly and wantonly torn asunder, with- out causing deep and festering wounds, the con- sequences of which, the imagination revolts from anticipating. And in what light would the dark and gloomy despotism be viewed by the civilized world ? Mankind would behold, and wonder, and despise. The new State would be excluded from the companionship of nations. Her cotton would 196 CONSEQUENCES OF A SEPARATION. indeed be still purchased, as we buy the coffee of Hayti ; but with the least possible intimacy. Al- ready is our Minister at London treated with contumely, because he is a slaveholder — as the representative only of the men who had shattered the American republic to secure the permanency of human bondage, he would not be endured at any court in Europe with the exception of Con- stantinople. In a few years, the slaves would at- tain a frightful numerical superiority over their masters. The dread of insurrection within, and of aggression from without, would realize the pre- diction of holy writ, when men's hearts shall fail them for fear, and for looking after those things which are coming on the earth. At length the fatal period would arrive, when, stung with insults and injuries, the new empire would appeal to arms; and should a hostile army land upon its shores, the standard of emancipation would be reared, and slavery would expire in blood. We well know with what indignant feelings these pages will at first be read by many ; and fortunate shall we deem ourselves should we escape the imputation of writing to promote insurrection and disunion. But we appeal from the decision of angry passion, to that of calm reflection. Do we not speak the words of truth and soberness ? Do CONSEQUENCES OF A SEPARATION. 197 not the signs of the times warrant our predictions 1 In what respect do the sentiments we have uttered conflict with the lessons of history, or the charac- ter of human nature ? Do we love the union of the States? (!) If such a love can descend by in- heritance, we should possess it; if it can be founded on the most thorough conviction of the importance of union not merely to the prosperity of our coun- try, but to the happiness of numerous and beloved children and relatives, we should possess it. If the history of the States of Greece, of Italy, of Holland, of Germany, of South America, and of our own land, demonstrates the blessings of union, and the calamities of separation ; then should the prayer of every American ascend to Heaven for the perpetuity of the American Union. But let it be a union for the preservation, not the destruc- tion of liberty : a union cemented by a sacred ob- servance of the constitutional compact ; not en- forced by gag laws, a censorship of the press, and the abrogation of the right of petition — a union in conformity with the will of God, not in contempt of his authority — a union that shall be regarded as a common blessing, not held as a boon from the South, ever ready to be withdrawn as a penalty for the discharge of moral and poli- tical duties. 17* 198 CONCLUSION. May Almighty God in mercy preserve the friends of emancipation, from the sin and folly of even hazarding the Union, by the slightest encroach- ment on the constitutional rights of the South, and may He give them grace to maintain their own rights in defiance of every menace. Note. Mr. Monroe is inadvertently said (p. 105) to have been placed at the head of the American Colonization Society : he zuas President not of the parent institution, but of one of its auxiliaries. APPENDIX. Having mentioned the charge made by President Jackson against the New-York abolitionists, in his message to Congress, and alluded to the letter they addressed to him respecting it, we have thought it might be useful to insert here the letter itself, as showing more in detail one of the unwar- rantable expedients to which the Federal Govern- ment has resorted in behalf of slavery. " To the President of the United States : " Sir : — In your message to Congress of the 7th instant, are the following passages : ' I must also invite your attention to the painful excitement produced in the South, by attempts to circulate through the mails, inflammatory appeals, addres- sed to the jwssions of the slaves, in prints and in various sorts of publications, calculated to stimu- late them to insurrection, and produce all the hor- rors of a servile war. There is, doubtless, no re- 200 APPENDIX. spectable portion of our countrymen who can be so far misled as to feel any other sentiment than that of indignant regret, at conduct so destruc- tive of the harmony and peace of the country, and so repugnant to the principles of our national com- pact, and to the dictates of humanity and religion' You remark, that it is fortunate that the people of the North have ' given so strong and impres- sive a tone to the sentiments entertained against the proceedings of the misguided persons who have engaged in these unconstitutional and wicked attempts.'' And you proceed to suggest to Con- gress, ' the propriety of passing such a law as will prohibit, under severe penalties, the circulation in the southern States, through the mails, of in- cendiary publications, intended to instigate the slaves to insurrection? "A servile insurrection, as experience has shown, involves the slaughter of the whites, without re- spect to sex or age. Hence, sir, the purport of the information you have communicated to Con- gress and to the world, is, that there are Ameri- can citizens who, in violation of the dictates of humanity and religion, have engaged in unconsti- tutional and wicked attempts to circulate, through the mails, inflammatory appeals addressed to the passions of the slaves, and which appeals, as is APPENDIX. 201 implied in the object of your proposed law, are intended to stimulate the slaves to indiscriminate massacre. Recent events irresistibly confine the application of your remarks to the officers and members of the American Anti-slavery Society and its auxiliaries. "On the 28th of March, 1834, the Senate of the United States passed the following resolution : 'Resolved, That the President, in relation to the public revenue, has assumed upon himself authority and power not conferred by the Con- stitution and laws, but in derogation of both.' " On the 5th of the ensuing month, you transmit- ted to that body your ' solemn protest ' against their decision. Instructed by you:' example, we now, sir, in behalf of the Society of which we are the constituted organs, and in behalf of all who are associated with it, present to you this, our 4 solemn protest' against your grievous and un- founded accusations. " Should it be supposed, that in thus addressing you, we are wanting in the respect due to your exalted station, we offer, in our vindication, your own acknowledgement to the Senate : ' Subject only to the restraints of truth and justice, the free people of the United States have the undoubted right as individuals, or collectively, orally, or in 202 APPENDIX. writing, at such times and in such language and form as they may think proper, to discuss his (the President's) official conduct, and to express and promulgate their opinions concerning it.' "In the exercise of this 'undoubted right,' we protest against the judgement you have pronounc- ed against the abolitionists. " First. Because, in rendering that judgement officially, you assumed a power not belonging to your office. " You complained that the resolution censuring your conduct, 'though adopted by the Senate in its legislative capacity, is, in its effects and in its characteristics, essentially judicial.'' And thus, sir, although the charges of which we complain were made by you in your executive capacity, they are, equally with the resolution, essentially judicial. The Senate adjudged that your conduct was unconstitutional. You pass the same judge- ment on our efforts. Nay, sir, you go farther than the Senate. That body forebore to impeach your motives — but you have assumed the prerogatives, not only of a court of law, but of conscience — and pronounce our efforts to be wicked as well as unconstitutional. " Secondly. We protest against the jmbllciti/ you have given to your accusations. APPENDIX. 203 M You felt it to be a grievance, that the charge against you was * spread upon the Journal of the Senate, published to the nation and to the world — made part of our enduring archives, and incor- porated in the history of the age. The punish- ment of removal from office, and future disqualifi- cation, does not follow the decision ; but the mor- al influence of a solemn declaration by a majority of the Senate, that the accused is guilty of the of- fence charged upon him, has been as effectually secured as if the like declaration had been made upon an impeachment expressed in the same terms.' "And is it nothing, sir. that we are officially charged by the President of the United States, with wicked and unconstitutional efforts, and with harbouring the most execrable intentions; and> this too, in a document spread upon the Journals of both Houses of Congress, published to the na- tion and to the world, made part of our enduring archives, and incorporated in the history of the age? It is true, that although you have given judgement against us, you cannot award execu- tion. We are not, indeed, subjected to the pen- alty of murder ; but need we ask you, sir, what must be the moral influence of your declaration, that we have intended its perpetration? 204 APPENDIX. " Thirdly. We protest against your condemna- tion of us unheard. " What, sir, was your complaint against the Sen- ate ? ' Without notice, unheard, and untried, I find myself charged, on the records of the Senate, and in a form unknown in our country, with the high crime of violating the laws and Constitution of my country. No notice of the charge was given to the accused, and no opportunity afforded him to respond to the accusation — to meet his accusers face to face — to cross-examine the wit- nesses — to procure counteracting testimony, or to be heard in his defence.' " Had you, sir, done to others, as it thus seems you would that others should do to you, no occa- sion would have been given for this protest. You most truly assert, in relation to the conduct of the Senate, ' It is the policy of our benign system of jurisprudence, to secure in all criminal proceed- ings, and even in the most trivial litigations, a fair, unprejudiced, and impartial trial.' And by what authority, sir, do you except such of your fellow-citizens as are known as abolitionists, from the' benefit of this benign system? When has a fair, unprejudiced, and impartial trial been accor- ded to those who dare to maintain that all men are equally entitled to life, liberty, and the pursuit APPENDIX. 205 of happiness ? What was the trial, sir, which preceded the judgement you have rendered against them ? "Fourthly. We protest against the vagueness of your charges. "We cannot more forcibly describe the injustice you have done us. than by adopting your own in- dignant remonstrance, against what you deemed similar injustice on the part of the Senate : ' Some of the first principles of natural right and enlight- ened jurisprudence, have been violated in the very form of the resolution. It carefully abstains from averring in which of the late proceedings the Pre- sident has assumed upon himself authority and power not conferred by the constitution and laws. Why was not the certainty of the offence, the na- ture and cause of the accusation, set out in the manner required in the constitution, before even the humblest individual, for the smallest crime, can be exposed to condemnation ? Such a speci- fication was due to the accused, that he might direct his defence to the real points of attack. A more striking illustration of the soundness and necessity of the rules which forbid vague and in- definite generalities, and require a reasonable cer- tainty in all judicial allegations, and a more glar- ing instance of the violation of these rules, has seldom been exhibited.' 18 206 APPENDIX. "It has been reserved for you, sir, to exhibit a still more striking illustration of the importance of these rules, and a still more glaring instance of their violation. You have accused an indefinite number of your fellow- citizens, without designation of name or residence, of making unconstitutional and wicked efforts, and of harbouring intentions which could be entertained only by the most de- praved and abandoned of mankind ; and yet you carefully abstain from averring which article of the constitution they have transgressed ; you omit stating when, where, and by whom these wicked attempts were made ; you give no specification of the inflammatory appeals which you assert have been addressed to the passions of the slaves. You well know that the 'moral influence' of your charges will affect thousands of your countrymen, many of them your political friends — some of them heretofore honoured with your confidence — most, if not all of them, of irreproachable charac- ters ; and yet, by the very vagueness of your charges, you incapacitate each one of this multitude from proving his innocence. "Fifthly. We protest against your charges, be- cause they are untrue. Surely, sir, the burthen of proof rests upon you. If you possess evidence against us, we are by your own showing, entitled to ' an opportunity to cross-examine witnesses, to APPENDIX. 207 procure counteracting testimony, and to be heard in [our] defence.' You complained that you had been denied such an opportunity. It was not to have been expected, then, that you would make the conduct of the Senate the model of your own. Conscious of the wrong done to you, and protest- ing against it, you found yourself compelled to enter on your defence. You have placed us in similar circumstances, and we proceed to follow your example : "The substance of your various allegations may be embodied in the charge, that we have attempted to circulate, through the mails, appeals addressed to the passions of the slaves, calculated to stimulate them to insurrection, and with the intention of pro- ducing a servile war. " It is deserving of notice, that the attempt to circulate our papers, is alone charged upon us. It is not pretended that we have put our appeals into the hands of a single slave, or that, in any instance, our endeavours to excite a servile war have been crowned with success. And in what way was our most execrable attempts made ? By secret agents, traversing the slave country in dis- guise, stealing by night into the hut of the slave, and there reading to him our inflammatory ap- peals ? You, sir, answer this question by declar- ing, that we attempted the mighty mischief by 208 APPENDIX. circulating our appeals ' through the mails !' And are the southern slaves, sir, accustomed to receive periodicals by mail ? Of the thousands of publications mailed from the Anti-slavery Of- fice for the South, did you ever hear, sir, of one solitary paper being addressed to a slave ? Would you know to whom they were directed, consult the southern newspapers, and you will find them complaining that they were sent to public officers, clergymen, and other influential citizens. Thus it seems we are incendiaries, who place the torch *n the hands of him whose dwellings we would fire ! We are conspiring to excite a servile war, and announce our design to the masters, and com- mit to their care and disposal the very instru- ments by which we expect to effect our purpose ! It has been said that thirty or forty of our papers were received at the South, directed to free peo- ple of colour. We cannot deny the assertion, because these papers may have been mailed by others, for the sinister purpose of charging the act upon us. We are, however, ready to make our several affidavits, that not one paper, with our knowledge, or by our authority, has ever been sent to any such person in a slave State. The free people of colour at the South can exert no influence in behalf of the enslaved ; and we have APPENDIX. 209 no disposition to excite odium against them, by- making them the recipients of our publications. " Your proposal that a law should be passed, punishing the circulation, through the mails, of papers intended to excite the slaves to insurrection, necessarily implies that such papers are now cir- culated ; and you expressly and positively assert, that we have attempted to circulate appeals ad- dressed to the passions of the slaves, and calcu- lated to produce all the horrors of a servile war^ We trust, sir, your proposed law, so portentous to the freedom of the press, will not be enacted, till you have furnished Congress with stronger evi- dence of its necessity than unsupported asser- tions. We hope you will lay before that body, for its information, the papers to which you refer. This is the more necessary, as the various public journals and meetings which have denounced us for entertaining insurrectionary and murderous designs, have in no instance been able to quote from our publications, a single exhortation to the slaves to break their fetters, or the expression of a solitary wish for a servile war. " How far our writings are ' calculated ' to pro- duce insurrection, is a question which will be va- riously decided according to the latitude in which it is discussed. When we recollect that the hum- 18* 210 APPENDIX. ble school-book, the tale of fiction, and the costly annual, have been placed under the ban of south- ern editors for trivial allusions to slavery — and that a southern divine has warned his fellow-citi- zens of the danger of permitting slaves to be pre- sent at the celebration of our national festival, where they might listen to the Declaration of Inde- pendence, and to eulogiums on liberty, — we have little hope that our disquisitions on human rights will be generally deemed safe and innocent, where those rights are habitually violated. Certain wri- tings of one of your predecessors, President Jef- ferson, would undoubtedly be regarded, in some places, so insurrectionary as to expose to popu- lar violence whoever should presume to circulate them. " As therefore, sir, there is no common standard by which the criminality of opinions respecting slavery can be tested, we acknowledge the fore- sight which prompted you to recommend, that the 'severe penalties' of your proposed law should be awarded, not according to the character of the publication, but the intention of the writer. Still, sir, we apprehend that no trivial difficulties will be experienced in the application of your law. The writer may be ano'iymous, or beyond the reach of prosecution, while the porter who de- posites the papers in the post-office, and the mail APPENDIX. 211 carrier who transports them, having no evil in- tentions, cannot be visited with the 'severe pen- alties ;' and thus will your law fail in securing to the South that entire exemption from all discus- sion on the subject of slavery, which it so vehe- mently desires. The success of the attempt al- ready made to establish a censorship of the press, is not such as to invite farther encroachment on the rights of the people to publish their senti- ments. " In your protest, you remarked to the Senate : 'The whole Executive power being vested in the President, who is responsible for its exercise, it is a necessary consequence that he should have a right to employ agents of his own choice, to aid him in the performance of his duties, and to dis- charge them when he is no longer willing to be responsible for their acts. He is equally bound to take care that the laws be faithfully executed, whether they impose duties on the highest officer of State, or the lowest subordinate in any of the departments/ " It may not be uninteresting to you, sir, to be informed in what manner your ' Subordinate' in New-York, who, on your ' responsibility,' is exer- cising the functions of Censor of the American press, discharges the arduous duties of this untri- ed, and until now, unheard of office. We beg 212 APPENDIX. leave to assure you, that his task is executed with a simplicity of principle, and celerity of despatch, unknown to any Censor of the press in France or Austria. Your subordinate decides upon the incendiary character of the publications commit- ted to the post-office, by a glance at the wrappers or bags in which they are contained. No pack- ages sent to be mailed from our office, and direct- ed to a slave State, can escape the vigilance of this inspector of canvass and brown paper. Even your own protest, sir, if in an anti-slavery envel- ope, would be arrested on its progress to the South, as 'inflammatory, incendiary, and insurrec- tionary in the highest degree/ " No veto, however, is as yet imposed on the circulation of publications from any printing-office but our own. Hence, when we desire to send ' appeals ' to the South, all that is necessary is, to insert them in some newspaper that espouses our principles, pay for as many thousand copies as we think proper, and order them to be mailed ac- cording to our instructions. " Such, sir, is the worthless protection purchased for the South, by the most unblushing and danger- ous usurpation of which any public officer has been guilty since the organization of our Federal Government. Were the Senate, in reference to your acknowledged responsibility for the conduct APPENDIX. 213 of your subordinates, to resolve 'that the Presi- dent, in relation to the suppression of certain pa- pers in the New- York Post-Office, has assumed upon himself authority and power not conferred by the Constitution and laws, but in derogation of both;' instead of protesting against the charge, you would be compelled to acknowledge its truth, and you would plead the necessity of the case in your vindication. The weight to be at- tached to such a plea, may be learned from the absurdity and inefficacy of the New-York Cen- sorship. Be assured, sir, your proposed law to punish the intentions of an author, will, in its prac- tical operations, prove equally impotent. " And now, sir, permit us respectfully to sug- gest to you, the propriety of ascertaining the real designs of abolitionists, before your appre- hensions of them lead you to sanction any more trifling with the liberty of the press. You as- sume it as a fact, that abolitionists are miscre- ants, who are labouring to effect the massacre of their southern brethren. Are you aware of the extent of the reproach which such an assumption casts upon the character of your countrymen ? In August last, the number of Anti-slavery So- cieties known to us was 2G3 ; we have now the names of more than 350 societies, and accessions are daily made to the multitude who embrace 214 APPENDIX. our principles. And can you think it possible, sir, that these citizens are deliberately plotting mur- der, and furnishing us with funds to send publica- tions to the South ' intended to instigate the slaves to insurrection?' Is there anything in the cha- racter and manners of the free States, to warrant the imputation on their citizens of such enormous wickedness ? Have you ever heard, sir, of whole communities in these States subjecting obnoxious individuals to a mock trial, and then, in contempt of law, humanity, and religion, deliberately mur- dering them ? You have seen, in the public jour- nals, great rewards offered for the perpetration of horrible crimes. We appeal to your candour, and ask, were these rewards offered by aboli- tionists, or by men whose charges against aboli- tionists you have condescended to sanction and disseminate ? "And what, sir, is the character of those whom you have in your message held up to the execra- tion of the civilized w r orld ? Their enemies being judges, they are religious fanatics. And what are the haunts of these plotters of murder V The pulpit, the bench, the bar, the professor's chair, the hall of legislation, the meeting for prayer, the temple of the Most High. But strange and mon- strous as is this conspiracy, still you believe in its existence, and call on Congress to counteract it. APPENDIX. 215 Be persuaded, sir, the moral sense of the commu- nity is abundantly sufficient to render this conspi- racy utterly impotent the moment its machina- tions are exposed. Only PROVE the assertions and insinuations in your message, and you dissolve in an instant every Anti-slavery Society in our land. Think not, sir, that we shall interpose any obstacle to an inquiry into our conduct. We in- vite, nay, sir, we entreat the appointment by Con- gress of a Committee of Investigation to visit the Anti-slavery Office in New- York. They shall be put in possession of copies of all the publications that have issued from our press. Our whole cor- respondence shall be submitted to their inspec- tion ; our accounts of receipts and expenditures shall be spread before them, and we ourselves will cheerfully answer under oath whatever inter- rogatories they may put to us relating to the charges you have advanced. " Should such a committee be denied, and should the law you propose, stigmatizing us as felons, be passed without inquiry into the truth of your accusation, and without allowing us a hear- ing, then shall we make the language of your pro- test our own, and declare that, 'If such proceed- ings shall be approved and sustained by an intelli- gent people, then will the great contest with arbi- trary power which had established in statutes, in 216 APPENDIX. bills of rights, in sacred charters, and in constitu- tions of government, the right of every citizen to a notice before trial, to a hearing before condem- nation, and to an impartial tribunal for deciding on the charge, have been made in VAIN.' " Before we conclude, permit us, sir, to offer you the following assurances. " Our principles, our objects, and our measures, are wholly uncontaminated by considerations of party policy. Whatever may be our respective opinions as citizens, of men and measures, as abo- litionists we have expressed no political prefer- ences, and are pursuing no party ends. From neither of the gentlemen nominated to succeed you, have we any thing to hope or fear; and to neither of them do we intend as abolitionists, to afford any aid or influence. This declaration will, it is hoped, satisfy the partizans of the rival candidates, that it is not necessary for them to as- sail our rights by way of convincing the South that they do not possess our favour. " We have addressed you, sir, on this occasion, with republican plainness, and Christian sincerity ; but with no desire to derogate from the respect that is due to you, or wantonly to give you pain. To repel your charges, and to disabuse the public, was a duty we owed to ourselves, to our children, and above all to the great and holy cause in which APPENDIX. 217 we are engaged. That cause we believe is ap- proved by our Maker ; and while we retain this belief, it is our intention, trusting to His direction and protection, to persevere in our endeavours to impress upon the minds and hearts of our country- men, the sinfulness of claiming property in human beings, and the duty and wisdom of immediately relinquishing it. When convinced that our endeavours are wrong, we shall abandon them ; but such conviction must be produced by other arguments than vituperation, popular violence, or penal enactments. ARTHUR TAPPAN, WILLIAM JAY, JOHN RANKIN, ABRAHAM L. COX, JOSHUA LEAVITT, SIMEON S. JOCELYN, LEWIS TAPPAN, THEODORE S. WRIGHT, SAMUEL E. CORNISH, ELIZUR WRIGHT, Jr. Executive Committee. New-York, Dec. 26, 1835. THE END. 19 #^ "W * -rP ^ - A- ^ ^ % A ^ A- .<6 Q^ .