E450 LIBRARY OF CONGRESS DD0D173flQ33 ^^-^^^ V '0^<=>^ • * t y .e '^0 • %./ CV' •* JVC/ Jin llnnr-ltinting in tlm (LMh %a\\ itott SPEECH i^^^^I CHARLES CrBURLEIGH AT THE ANNUAL MEETING OF THE MASSACHUSETTS A, S. SOCIETY. Friday, January 28, 1859. ' For us, and for our children, the vow which we have given For Freedom and Humanity is registered in heaven : — Ko slave-hunt in our borders— no pirate on our strand — No fetter in the Bay State— no ."lave upon our land ! ' Whittier. BOSTON: PUBLISHED BY THE MASS. A. 8. SOCIETT. 1859. SPEECH. Mr. President, — The subject which is presented to us in this resolution,* I am glad to know, is one claiming no small share of attention at the present time, throughout the Commonwealth ; and, indeed, not in this Commonwealth alone. We have had, as we were told j'esterda}', an example set before us in a neighboring State, in relation to this matter, wor- thy to be imitated by those who believe in the fun- damental principles embodied in the Massachusetts Constitution, and in the American Declaration of In- dependence. * Resolved, That, whether the people of Massachu- setts can do anything to abolish slavery in the South or not, they can forbid, and are imperatively bound by the highest moral considerations to forbid, the hunting of fugitive slaves in this Commonwealth, and to decree the immediate emancipation of all such as soon as they touch our soil ; they can and ought to cease from all slaveholding relations with the South ; and therefore they can and ought, in common with the people of every other free State, to withdraw from a government which, both by practice and in- tention, is a grand conspiracy against justice, and a powerful bulwark of the slave system. 4 I have, in my going up and down in the land, very often had occasion to meet those who objected to what they called the sweeping condemnation passed by Abolitionists on the people of the Commonwealth, and especially on the political parties of the North, by reason of their complicity with slaveholding. I have been told — ' We are as much opposed to slavery as you are ; we do not mean to do any thing to give strength to the oppressor's arm ; and we do not feel that the severe censures passed upon us are deserved.' I have replied by asking them — ' Are you ready to do this thing r — You say that you cannot reach slavery in Carolina and Virginia, and must not be condemned because you do not assail it there : are you ready to purify the soil of the Old Bay State from the contam- ination of slavery r Are you ready to say, that when- ever a man sets his foot upon the soil of the Com- monwealth, he shall be recognized as a man, and shall be treated as a man r ' And I have not always found them ready to say yes to this inquiry. If, in gen- eral terms, at the first propounding thereof, they would say yes, yet upon a closer cross-examination, upon a more minute specification of the measures necessary to attain the general object, they would often shrink from replying in the affirmative— some- times assigning one reason, sometimes another, the whole, however, summed up in this — ' The Union and the Constitution.' We cannot say to the South, you shall no longer claim your runaways upon the soil of Massachusetts— you shall no longer blot oat the blooJ-bt lined footprints of Concord and Lexington with the loul tread of the kidnapper and slave-hun ter — we cannot say this to the South, because the Constitution guarantees to the South the right to hunt runaways all over the North ; to seize them wherever they shall be found, and to drag them back to slavery from the very door of the sanctuary of liberty they may have endeavored to find shelter in. No matter that we have proclaimed to the nations, as a self-evident truth, the equal, inalienable rights of all men ; no matter that we are preaching from a thousand pulpits the doctrine of human brotherhood — that God, who made the world, hath of one blood made all nations to dwell on the face of the earth ; no matter that our fathers stood for the defence of those principles in the day of trial and danger, perilling their lives on the high places of the field ; no matter that they baptized their infant liberty with blood, on the spot where stands yonder granite column, telling of the deeds that were done for impartial freedom ; no matter that the voice of musketry and artillery, from the banks of Concord river and the Common of Lexington, spoke out defiant words for justice and humanity, in the very face of the tyrant's displeasure and menace ; — all that is nothing, because, at a later dav, the fathers consented to erase these glorious wQa"ds of their earlier history, that they might find room upon the page, made blank by the erasure, to write ♦ a covenant with death and an agreement with hell ' — to write a compact binding them to give the lie to the glorious declaration of a previous day, binding them to bring upon their own souls that very stain of complicity with tyranny which they deemed so dark a spot upon the character of their 6 mother land and its government. AVe cannot, then, they tell us, be just, we cannot be true to the princi- ples which our fathers announced in their declara- tion, we cannot be humane and Christian. There is the Gospel of Jesus, with, the glorious example of the Good Samaritan, bending over the sufferer by the wayside, at the risk of no matter what peril to his own person or damage to his own interest, — with its high lessons of self-denial, self-sacrifice, and generous deeds of benevolence, — with its solemn injunction to feed the hungry, to clothe the naked, and take in the houseless wanderer, and recognize, in every poor and suffering child of humanity, only the disguised form, but none the less real form, of Him who was • the brightness of the Father's glory, and the express image of his person'; of Him who, speaking now through poverty-wasted lips and now with the tongue of the sable bondman, says, ♦ Inasmuch as ye have done deeds of kindness unto one of the least of these my brethren, 5'c have done them unto me.' We know it is there ; we read it every morning ; we hear it everj' Sunday from our pulpits ; we are aware that the in- junction stands there, that the example is recorded there, that its glorious spirit is diffused all through that blessed Gospel ; and we, in the presence of God, angels and men, have entered into a solemn covenant that we will be true to that Gospel, that we will take it as the man of our counsel, as the rule of our life, as the law of our spiritual existence and action. Yet, because our fathers made a bargain, to secure certain political advantages, that they would repudiate this Gospel when its application demanded humanity to the bondman, justice to the oppressed, therefore will we be inhuman to the bondman, unjust to the op- pressed ; therefore will we trample our solemn cove- nant with God, made in the presence of God, angels and men, under our feet; and that we may be true to a man-made Constitution, all black with iniquity and bloody with crime, we will be false to the most sacred obligations of humanity and Christianity. I do not say that men answer me in these words. I am translating their answer out of the dialect of wily politicians and cunning sophists, into plain lan- guage, which the common people can understand. You and I know that my translation is a faithful one, lacking, it may be, the force which it would be de- sirable to impart to it, because the speech of man has no symbols to match the ideas and the facts with which we have to deal on this occasion. Well, then, I meet the question as it is propounded. Has the Commonwealth of Massachusetts a right to refuse protection to the bondman, to refuse a recogni- tion of his manhood, to refuse to repel the aggressions of the Slave Power, and the intrusion of the kidnap- per within her borders ? Has Massachusetts a right to sell conscience, and humanity, and God, for so poor a mess of pottage as is brought to her in the leaky vessel of the American Union, serving only, as it bubbles from the cauldron, hell-heated, to scald her own tongue with the dripping stream, and failing to satisfy her thirsting lip with the disappointing draught? (Loud applause.) I say that Massachusetts has no such right; and I say it, conceding, for the present moment, that the 8 compact is, in letter and spirit, what it is assumed to be ; because, assuming it to be such, it is so grossly and monstrously immoral, so flagrantly at variance ■with the principles acknowledged by the Common- wealth as self-evidently true, such an outrage upon humanity and decency, that it cannot be a binding compact. Xo man can bind himself, no community of men can bind itself, by no matter what bargains, to do what God forbids, to do what conscience clearly and emphatically condemns. You tell me it is legal, this claim of the slaveholder ; you tell me it is con- stitutional, this right which he arrogates to himself to turn men into brutes by the help of the government. I tell you I do not care for your terms ' legal,' and ♦ constitutional.' I might stand here, and argue whether it is, in any just sense of the term, < legal ' ; and if you quote Kent and Story, Marshall and Ta- ney, I might, on the other hand, quote Blackstone, Coke and Hooker ; and I might ask you, if legal authority is to stand, whether that legal authority which stands afar from the overshadowing influences of the slave system, is less likely to be aflected by those evil influences, or that authority which, standing in the very midst of this shadow, is dimmed and be- wildered by it. But, without stopping to inquire as to the fitness of the application of the term ' legal ' to this claim of the slaveholder, it is enough for me to be able to apply to it the epithets immoral, infamoust atrocious. I say to a citizen of Massachusetts, Do you not believe that the slave is a man, and your brother r — and few are the citizens of Massachusetts so hardy as to answer, No ! They tell us that even the Boston Courier is beginning to claim for itself a due deference to the manhood of the black man ; and if the Boston Cotw/er has found out that it is expedi- ent to say this, you may depend upon it that the Boston Courier knows that Massachusetts believes it is right ; and if the Boston Courier believes it is right, who will face the Commonwealth of Massachusetts with the imputation upon its character, that it doubts the rectitude of what even the Boston Courier feels to be right r You admit, then, that the slave is a man, and your brother ; you admit he has the same esential and inalienable rights that you have. You would not skulk away into Roger B. Taney's poor hiding- place, and pretend that when the Constitution was made, the public sentiment of the civilized world re- garded the black man as 'having no rights which the white man is bound to respect.' But even if that lie were a truth, it would not help the case at all, for your obligation dates back to a period older than your Constitution ; and a part of the indictment which is read against you, and to which you must plead in Heaven's court, if not on earth, is that you consent to a Constitution which accepted as its basis, and incorporated into its structure, that horrible blasphemy against God, and that insult to man, that anj- child of the Universal Father is destitute of rights worthy of the recognition of every other child of that Father. I ask you, assuming that 3'our Constitution was based upon this principle of essential wickedness, "What right had your fathers to accept that Constitution as the supreme law of the land r What right have you, now that your fathers have so accepted it, and transmitted to 10 you the tradition of allegiance to it, to accept that tradition, and ratify the contract which has thus been made with the powers of darkness ? That is the ques- tion which the people of the Commonwealth of Mas- sachusetts must answer. They may try to evade it to- day ; they may try to dodge it to-morrow ; they may trj'Ho silence it with the previous question, or a motion to indefinite!}' postpone in the State House ; they may try to slur it over in the platform of the. po- litical campaign approaching ; they may try to avoid it in the discussions of the political press ; they may even put^it out of sight in the homilies of the pulpit and the religious newspapers — but the question must be answered ! It has been written out in the sight of men, it has been spoken in the ears of men, and there is no escaping it after that. The murderer who, med- itating on his deed of blood, thought that, ' If it -were done when 'tis clone, then 'twere avcII It were done quickly,' could as easily wash out the memory of that day, and make the event to 'trammel up its consequence' — could as easily close the eyes of that inner vision, which he shared not with anj- who shared not his consciousness of guilt, against the spectre that crowd- ed him from his stool, and usurped his place at tlie banquet — as the Commonwealth of Massachusetts blind her eyes to this question, which is glaring out upon her from the skies tliat hang the Nortli Star out to guide the fugitive in his flight, and speaks to her in the very murmur of the forest, wliieh licars only, besides that murmur, the tread of the bondn.an on his way to Canada. The question must be met, 11 then, has Massachusetts a right to abide by an un- hallowed compact ? And deep down in the heart of Massachusetts, if not very loxid and audible to the outward ear, yet clearly, distinctly, in tones which imperatively demand audience, the answer to this question has already formed itself into sj'llables which will scorch the soul that refuses to heed them. ("Loud applause.) Massachusetts has no right ! It is the common sense of universal humanity, it is the doc- trine of religion and morality, it is the principle of law itself, which forbids obedience to an immoral injunction, compliance with the terms of an immoral compact. If I ask the men of Massachusetts, Will you ratify a bargain made by your predecessors to sanctify murder with the warrant of statute law and judicial precedent ? — the men of Massachusetts will probably look at me with mingled astonishment and indignation, hesitating between the latter emotion for the insult offered, and the former that any man should dare to offer such an insult. And yet, if you are set to institute a careful comparison between murder and the chattelization of manhood — if, against the single atrocity of the one crime, you balance the complex and innumerable atro- cities of the other, who is there of you that is willing to avow his belief that it is less immoral, less criminal, to sanction slaveholding, than it is to sanction mur- der ? If any, for him I have this question : Bring the matter home to yourself, in such form as will set it closest to your most central consciousness, whether it be in imagining that you are to be the victim of the one or the other crime, or in imagining that some ob- ject of your tenderest affection is to be that victim. 12 Fancy to yourself, for a moment, the alternative pre- sented, whether the wife whom you love, whether the daughter now blushing into beautiful womanhood, around whom cluster jour strongest affections, and upon whom rests a father's purest pride, shall fall dead at your feet, and to-morrow be laid away in the safe sanctuary of the grave, with the sheltering clods of the valley above her form, or whether she shall be grasped by the kidnapper and torn from your very presence, to be exposed for sale on the auction stand of the human flesh market, and be struck off to him who will bid the largest sum of filthy gold for the privilege of desecrating that sanctuary of the Holy Ghost, polluting that dwelling-place of the social and domestic affections, and turning that most beautiful spe- cimen of God's handiwoak, the form of fair humanity, into the abode of impurity, and the scene of deepest degradation. Picture to yourself the presentation of that alternative, and then anticipate your own answer to my question; and in that answer hear your judgment of the comparative guilt of him w-ho strikes the mer- ciful blow of murder, and him who binds around his victim the poisonous coil of the slave's chair, blister- ing body and spirit together at every point of contact, festering to the core of the soul's inmost being with a corruption foul.'as essential impurity itself, and mors terrible to bear than the fires of unending perdi- tion. You have answered the question long before I have done asking it, and have been reproving me in your souls for lingering in my tardy and halting speech behind the unerring and lightning-like readiness of your response. Well, then, you have answered the 13 question, whether Massachusetts has any right to give back the runa-\vay slave to his master; for you know that all these sophistical distinctions w^hich our sel- fishness and pride sometimes — with diabolical malice| and more than diabolical ingenuity — whisper in our ears, you know that these are of no avail before the searching eye which looks to the very motive of our act, and sees that we are false to the convictions of our own souls when we seek the justification for our wrong in the color of its victim. Grant, if you will, that the fugitive bondman com- ing from Carolina or Virginia belongs to an inferior race. I will not stop to argue that question now ; but the inquiry might very well arise, why it is that this haughty Saxon race, so conscious of its own su- periority, is so afraid to trust a rival race to compete with it on equal terms for the world's prizes? Con- cede that it is an inferior race with which we have to deal,— what then ? Is that inferiority the justification for robbing it of that precious boon which the Father has bestowed upon it? Or, in other words, do you justify plunder by the poverty of its victim r Do you say that because the poor man has but one small ewe lamb, brought up in his bosom, while you have many flocks and herds spread over your rich estate, you may therefore feed your guests witli the flesh of his lamb, and dread no coming of God's steni prophet on the morrow to make you condemn yourself with your own lips, and ratify the condemnation with the words — * Thou art the man !' You know it is no jus- tification. The slave comes here, and asks for protec- tion. You know you owe it to him. Tell me you did 14 not bargain it in the Constitution — what then r Why didn't you bargain it in the Constitution, and what right had you to refuse to bargain it to him in the Constitution ? When a man comes from a distant land to ours, and asks to be sheltered under the roof of our ' asylum for the oppressed of all nations,' we bid liim welcome, come from what quarter he may. Even Cass was ready to welcome Garibaldi from the wars of freedom in Italy, and the nation rises up with loud acclaim to greet the arrival of the Hungarian patriot ; yes, and even far abroad in the harbor of Smyrna, far as the nation can reach out the arm of its power, it protects the refugee who has announced his purpose to become a citizen of our country. So there is the nation's own answer to the question of its moral obli- gation. Now, have you any right to barter away the rights of your fellow-men, and can you barter away your own obligation ? E-emember, that when you make a bargain that you will not protect Martin Kozta in the harbor of Smyrna, that you will not shield Kossuth from the myrmidons of Austria seeking him in the streets of Boston, that you will not shelter Caribaldi from the ministers of the Pope, you have not merely attempted to divest yourselves of a moral obligation ; you have attempted to sell away that which does not belong to you — another man's rights. My right to be protected here upon the soil of Massachusetts is a right wliich God gave me, and not the Commonwealth of Massachusetts. Suppose that, before the Pilgrims landed from the Mayflower upon Plymouth rock, 15 and gave occasion for the lifting up of that high strain of the English poet — ♦ What sought they thus afar? Bright jewels of the mine, The wealth of seas, the spoils of war? They sought a Faith's pure shrine, Aye, call it holy ground, The spot where first they trod ; They have left unstained what here they found, Freedom to Avorship God' — suppose that, before that event, when this continent as yet a -wilderness, was untrodden by the white man's foot — go back, if you will, to a still earlier period, before the red man had come here to the forests where he has chased his game, and suppose that some wanderer from a civilized land had been drifted to these shores by adverse gales, and had met here, borne unwillingly from some other region of the civilized world, one like himself, a solitary refugee from the fury of the tempest; what were their obliga- tions ? Not constitutional — for they had made no Constitution ; not legal — for they had enacted no law; not arising from any compact or covenant — for they had entered into none. What were their mutual obligations? When God wrote upon the soul of man the law of his social nature, put into him the power to feel for and with his suffering and imperilled fellows, then he wrote the mandate commanding him to help the suffering and the endangered. Now, can you re- peal that Constitution of God by any of your man- made compacts ? Can you rob that solitary wanderer, from England we will say, of the right to the protection of his fellow-wanderer from France or 16 Germany, by making; a bargain that it shall not be given ? I owe you a debt ; can I cancel that debt by simply writing under the obligation which attests it, that I shall not recognize it henceforward ? Certainly not. Until, then, you can cancel the obligation of simple humanity to simple humanity, the •obligation of kindness and mutual benefit and protection, you cannot get any right whereon to base your constitu- tional compact to give up the runaway slave to his ma^nter. (Applause.) You come together, not two individuals, drifting hither from opposite regions of the earth, but multiplied to twenty millions, and yet every one under this same obligation which God had fixed upon the first individual man who set foot upon these shores ; — you come together, eacli bound by that divine law, and can you any more shake it off by the multitude of your concurrences than could the individual effort of the single solitary wanderer ? If a house is built of blocks of granite, it is a granite house, no matter wliat incantations are muttered over it, no matter what inscriptions you engrave upon its front. Whatever is inherent in the individual constituents of the collective mass, is inherent in the mass itself; and therefore the obligation to protect every man who sets his foot upon your soil, is as perfect when you have formed a Union and Constitution, as it was when one man by the side of another stood in need of help, when one man by the side of another had power to help. You can never escape from that obligation. What is the making of a government ? Simply tJiis : the construction of a machine more effectively to do that work, the doing of which was every man 's 17 duty before the government was made. Suppose I owe a man an obligation to reap his harvest upon the prairies of Illinois, and when I go to look at it, I find there is an immense range of territory covered by the grain, and I say—' Here is a mighty obligation ; what shall I do ? I can never reap down that field with the old sickle my grandfather used on the hills of New England ; I can never lay that harvest even in the swath with the cradle I used in my early manhood ; I must devise some other means to accomplish it.' So I sit down, and, tasking my Yankee ingenuity to the utmost, I build in the recesses of my mind a reaping machine, and then I drag that reaping machine out of the subtle chambers of the brain, and incarnate it iu wood and iron, and there it stands palpable and prac- tical before me. Now I have released myself, for- sooth, say our learned statesmen snd profound jurists, from my obligation ; because I have made a machine that can do in one day what would have taken me six months to accomplish ! Do j'ou believe that ? No ; the making of the machine is to be justified by the use to which it is put ; and that use is the fulfilment of my obligation. Government is m.ade to protect the rights of the. governed. That is not, I think, one of the modern, ultra, radical, anti-slavery, Garrisonian doctrine. I think we read it in a document once regarded of some authority, in this country, at least — that the purpose of the institution of government is to protect the rights of the governed. Now, I ask you, is the slave one of your governed When he comes to Massachusetts, or not ? If not, then you have no right to govern him, but must leave him to go and 18 come when and where he pleases. If he is, then you have bound yourselves to protect him by your govern- ment, in the simple fast that you have made a govern- ment. You have only transferred to it, as the instru- ment of your action, the obligation which already rested upon you, by virtue of God's decree, written in your very souls. That, then, is our answer to those who talk to us about the Constitution. We contend that inasmuch as slaveholding is the violation of all human rights, that inasmuch as the refugee has a right to leave it behind him, and seek freedom elsewhere, if he cannot find it at home, and inasmuch as he has come to Mas- sachusetts, and is within the reach of her protection, he has acquired thereby a right to that protection, and we cannot divest ourselves of the obligation to give it to him. But then, they tell us, the Constitution, never- theless. What, I ask, is the relative authority of a Constitution that man makes, and a Constitution that God makes? W^hat is the relative authority of an ab- solute moral obligation, and a mere conventional ob- ligation ? One would think there need be no labored answer to questions like these ; and there would not be. If men had not suffered their minds to be befogged by the false teachings of politicians and priests. When Boston pulpits can enunciate the impious and blas- phemous do( trine that we must obey the statutes en- acted by a constitutional Legislature, whether wise or unwise, just or unjust, and when the doctrine that there is any Higher Law is repudiated by political parties and scouted by i)olitical leaders, and denounc- 19 ed as heresy to be punished by political death, it be- comes necessary for us to teach the very rudiments of political morality, it becomes necessary for us to tell anew truths so plain that we might almost tremble in the utterance, as insulting the understanding and moral sense which we address ; but so it is. Now I ask — because I do not mean to go at length into this argument — but one question : What is, after all, the source of your obligation to obey the law of the land ? Why, you say, because the consti- tuted Legislature has enacted it. But that only puts the question one step further off. What is the source of your obligation to recognize the authority of the constituted Legislature of the land ? In other words, what is the source of yovir obligation to obey an enact- ment because it is a legislative enactment ? Oh, you will tell me, it is your mo7-al duty. The instant you make use of that Avord duty, you make your ap- peal to somewhat within me that takes hold of my moral sense, which takes cognizance of duty ; and ray inquiry is, whether I am bound to obey the dictates of my moral sense or not. If I am not, then no mat- ter how you make it clear that my moral sense re- quires it, I sweep away the statute and the moral sense together, and tell you it does not please me to obey either. But if, to avoid that conclusion, you say, I am bound to obey the dictates of my m.cral sense, then I ask 5'ou, what must I do with your statute when that conflicts with my moral sense r — and you have already answered me, in assuming that I am bound to obe)-- my ov»'n conscientious conviction. Thus it is, you see, that to deny my right or obligation to 20 obey my own conscientious convictions, is virtually to strike at the very foundation of allegiance to your government. But I pass on to another consideration. The Com- mon"v\'ealth of Massachusetts is to be called on, throvigh its Legislature, this winter, to enact that no slave shall be taken back to bondage from its juris- diction. I can easily suppose that the objection will be urged there which we hear elsewhere — ' the Con- stitution and the Union ! ' I have shoAvn that the Constitution, whereinsoever it conflicts with the moral law, is not and cannot be binding ; that it is not only our right but our duty to trample upon it ; but I have this further reason, that the party in in- terest against the claims of justice and humanity has already forfeited even its apparent claim, upon the ground of the compact of the Constitution. When- ever men make bargains, they make them with the understanding of mutuality — there is not only a ben- efit, but an obligation on both sides of the bargain. If I say to you, This farm shall pass into your pos- session for so much money to pass into mine, and you give me your nole of hand and receive the deed, when the time comes for the jjayment of the note of hand, if you refuse to pay it, I am under no obliga- tion any longer to recognize your right to the pro- perty, but have a right to use such means as will be ef- fectual to bring that property back into my posses- sion ; or, if the note is to be paid before the deed is given, I have a right to refuse the deed. (Applause.) You all understand the principle well enough, and I think you already know enough of our relations to 21 the Slave Power to see the application of that prin- ciple in the ease before us. The bargain, we are told, was this ; that for certain considerations, we of the Commonwealth of Massachusetts will give up to the slaveholder his fugitive from slavery. Well, so the bond, if it do not exactly so read, has been, by common consent, interpreted. But, in the first place, the bar- gain rested upon these considerations — that, whatever rights were guaranteed to us in the Constitution, we shall be permitted to enjoy without molestation; and, second, (if not expressed, yet necessarily implied in the absence of any terms extending the obligations further,) that we should not be obliged to surrender slaves carried from any part of the earth that was not covered by the terms of the compact. Now, in both of these particulars, the Slave Power has vio- lated the terms of its c(mipact, and has thus released us from our obligation, if it were possible that a com- pact so immoral could impose any obligation at the beginning. The slaveholders have not been true to the terms of the bargain we made. The Constitution has guaranteed to us the privileges and immunities of citizenship, go where we will within the compass of this Union. If I go to Carolina, I am a citizen of the United States, and, by virtue of my citizenship, I have a right to free speech and a free press, and to use rny moral and religious influence in favor of •whatever my moral and religious nature tells me I ought to endeavor to promote. I have a right, then — just as good a right in Carolina as in Massachusetts — to assail slavery with all the weapons of the moral armory ; I have a right to call upon the people of the 22 South, in the name of justice and Christianitv, in the name of humanity, in the name of sound policy, in the name of good economy, to abolish the slave sys- tem ; I have a right to say that it is unjust, anti- Christian and inhuman, and that it is emphatically uneconomical. I have a right to show its waste of the energies of the people, its waste of the resources of national wealth, its violation of the essential rights of human nature, its opposition to the laws of God and the teachings of Christ. Can I do it? Will Carolina let me do it : I go there with the Constitution spread all oyer me as my shield of pi'otection, I go there with my legal rights piled up before me as an impregna- ble fortress of defence, and one breath dissolves it into nothing, and melts the parcliment into thin particles of impalpable vapor. "SVhcre is my con- stitutional protection, if I dare to speak for humanity, for truth, for justice to tnc enslaved? If 1 dare to undertake the application of Christianity to the daily life of Carolina, if I even date to quote • Poor Richard's Al- manac,' in application to the wasteful and desolating system of slavery, I do it at the peril of my life ; and the very best fate I can hope is the privilege of going into instant banishment from the territory' of the sov- ereign empire of Carolina. Well, I come home to Massachusetts, and the next day,— having been ban- ished by Carolina from her soil, in defiance of the terms of the compact, — I must turn round and catch An- thony Burns, and tying him hands and feet, hurry him back into Carolina bondage ! Even waiving the question of the original immorality of the compact, am I bound, having been robbed of the benefits that 23 were to accrue to me, still to bear all the burdens that were imposed upon me ? I tell you, no. I might go on and recite one particular alter another in which the Constitution has been violated by the Slave Power, not under the inilaence of passion, not in moments of high excitement, but deliberately, sys- tematically, on a preconcerted plan, and with an unanimity throughout the slave States, so complete as to leave no possible doubt of their entire harmony of sympathy and feeling, and concert of purpose and action. Now, who will tell me, in the face of these unde- niable facts, that might be piled one upon another — like Pelion upon Ossa, until the whole land should be shadowed by darkness which they would cast over it, — who will tell me that, nevertheless, we are bound to abide by the terms of the Constitution ? Eut, as I said, the Constitution carries with it ano- ther obligation on the part of the pro-slavery party, and that is, not to attempt to stretch its application beyond the limits originally understood. Yet the Slave Power has done that. It has carried to Texas what was meant only for the Atlantic States ; it has carried over to the territory of Louisiana, and the States carved and to be carved out of it, and it is trying to carry to Cuba, and Nicaragua, and Sonora, and I knov/ not how many other provinces and islands of continent and sea, that obligation which was original- ly understood as limited within definite boundaries. Now it has no definite boundaries. The domain of slavery is bounded only by the possibility of slavery- extension. If you know where that limit is, then 24 you can tell me what is the limit to which the Slave Power would carry the obligation to give back runa- way slaves, and to do whatever other pro-slavery work it sees tit to exact from us. I deny the competency of one of the parties to a compact to extend the ap- plication of its terms in this manner. But if you tell rac that it is not extended simply by the action of one party, but by the consent of all parties ; if you tell mo that, although Texas was admitted unconstitutionally, and Louisiana obtained unconstitutionally, (so ad- mitted by Jefferson himself, v.-lien he made the pur- chase,) yet the North has made the act constitu- tional b}' tacit consent, b}' the ratification of acqui- escence, I answei-, very well ; I grant it, for the sake of the argument ; bxit then, what follows ? Why, that we are not living under the Constitution our fathers made in 1787 to 1789 ; that we are not living under the Constitution which Washington administer- ed and Jefferson violated when he bought Louisiana ; which, if it had been in force, Polk would have trampled under foot w^hen he admitted Texas, in de- fiance of the Constitution, which confers the privilege of admitting new States upon Congres?, and not u])on the Executive. In these various acts to which allu- sion has been made, the old Constitution of the fath- ers was clearly set aside, and either that Constitution is binding now, — and if it is, all those acts are uncon- stitutional and void, — or that old Constitution is not binding now, bv virtue of the existence of a new one, and then it follows, that the obligations incurred by the old one do not rest upon us now. I say, in strict truth, we are not living under a Constitution made in 1787 to '89; that, when the Slave Power made demands which the Constitution did not war- rant, it virtually proposed a new Constitution, and when the North acquiesced in the proposition, it vir- tually adopted a new Constitution ; and so we have had one Constitution made after another, each, per- haps, more ample in its concessions to slavery, in certain directions, than the other, but certainly neither carrying any obligation which is dependent on the original compact. Now, if any body does not choose to accede to any of the new terms, of course he is not bound to obey the new Constitution. When Louisiana was admitted to the Union, the North ac- quiesced, and a new Constitution was made. That lasted until Missouri asked admission. There was nothing in the original Constitution that contemplated the admission of territory west of the Mississippi. The single fact that the Constitution did not confer the power on any department of the government to ad- mit new territory is sufficient evidence that such ad- mission was not in the contemplation of the people ; and who will tell me that the people gave the power to do that which they never contemplated doing, and gave it without assigning any repository that should receive it ? "Who could acquire new territory ? Not the Executive, not the Judiciary, not the Legislative — not all together. There was no place where that power was put, and therefore we may reasonably in- er that the people never meant to give the power, and it never was conferred. Well, we have a new Constitution tendered to us in the proposal to take Missouri into the Union ; the North, after some con- 26 test, yield the point, and the new Constitution is rat- ified ; and we have at least the third Constitution since the old Articles of Confederation were adopted. Then comes the attempt (overlooking all the out- rages of the Slave Power in the mean time) to bring Texas into the Union — an attempt which it was then believed would have signally failed if it had been pursued in a constitutional way, and therefore it was consummated in a glaringly unconstitutional way ; the North acquiesced, and we had our fourth Consti- tution made for us. Now, if the South may go on tendering to us new Constitutions, here for the sake of getting Louisia- na, there to acquire Texas, 3'onder to crowd slavery into Kansas, in defiance of the three previous Consti- tutions, pray may ice not also make our tender of terms for a new compact ? The South has made a new Constitution just as often as it has suited her own interests. Let us take that precedent, and say to the South, * We have the offer of a new Constitution to make to j'ou. It shall provide that whenever a man shall set his foot upon the soil of a State where sla- very is not sanctioned by the local law, he shall be a free man ; there shall be no chase after him, there shall be no dragging him back from thence ; he shall be protected in his rights like any other inhabitant.' If the South chooses to acquiesce, there is no harm done. We have a right to procure other terms than those of the compact. You bargain to build me a house, with certain specifications, for a certain sum of money. You begin your work, get tired of your bargain, ajid come to me with proposed changes of the specifica- tions. I acquiesce. You are no longer bound by the terms of the first bargain, neither am I, and I have a right to say that the price shall be varied. Massa- chusetts has a right to take this ground, that there shall be no slave catching on her soil ; and if that is contrary to the fourth, fifth, tenth or twentieth Con- stitution which has been made by claims on one side, and acquiesced in on the other, all I have to say is, * You may take your choice; accept the terms we pro- pose, or refuse to accept them, and then we will no longer hold you to the terms of the old bargain, but will just stand aloof from all complicity with the wickedness you practise.' Kave we not the right to do this. And if we have reason to believe that the South will acquiesce, what is there for the politician to be afraid of, or the office-seeker to tremble at ? But if we have reason to believe that the South will not acquiesce, what then ? Why, then we meet, dis- tinctly set before us, this alternative : either to contin- ue in the Union, on condition of participating in the atrocious crime of slaveholding and slavery-abetting, or shun the crime by withdrawing from the Union, (Loud applause.) Now, I want to know who is ready to meet that al- ternative in any other way than that which we pro- XJOse : The excuse which men make continually is, that there is no need of participating in slavery because we remain in the Union. One man says, * I don't leave the Union, because the Constitution is anti-slave- ry ' ; another says, * I don't leave the Union, because I don't feefl under any obligation to obey the United States pro-slavery Constitution where it requires me 28 to do wrong, and tlierefore I may stay in the Union, and not stain my soul with the blood of the slave.' If this is true, then the argument against the measure which we jn-opose falls to the ground ; if it is not true, then the assumption being alio upon the face of it, fails to justify a continuance in the Union ; and we leave it to those who cling to the Union to select which horn of the dilemma they will hang themselves upon, during the present session of the Legislature. There is no escaping from one or the other of them. I have yet one word more to say, which I think worth saying, notwithstanding the length of time I have occupied already. I go to the people of Massa- chusetts, and I ask them, one by one, if you please, in the confidence of social communion bj' the fireside, * What do you think of catching runaway slaves r' ' Think of it ! It is abominable. No man shall be taken from my house.' So says one. Says another,' I ■will help the slave to the utmost of my ability. I never mean to permit the recapture of a fugitive, if I can help it.* Among the Berkshire hills, in the Hamp- sliire valley, along the banks of the Connecticut, in the heart of the Commonwealth, down here upon the shores of Essex and Pb'mouth and Barnstable, wher- ever I go, they tell me, * We don't mean to permit a slave to be taken away from our soil again. They got away Anthony Burns, because they had the neigh- borhood of the Navy Yard, and the cannon and bay- onets of the United States marines to help them ; but these will not aid them any where else. Let them get away from the convenient vicinage of Charlestown Navy Yard, and they will try in vain to take any man from the soil of Massachusetts.' Now, I am not in- 20 quiring whether that proud boast will be verified in the day of trial ; that is not essential to the argu- ment ; all I have to say is, that in these declarations* we learn the settled purpose of the people of Massa- chusetts not to permit the capture of runaway slaves* They do not mean to do it, let the Constitution be what it may. Let Judge Taney or Judge Shaw say what he pleases, let Benj. F. Hallett and his brother Commissioners do whatever dirty work they find con- genial to their souls, and let Benj. E,. Curtis, with whatever congeniality there is in him, ratify the work, the people of Massachusetts do not mean to let the slave be taken back to bondage. (Loud cheers.) This, of itself, is a distinct, and, as it seems to me, potent argument ; one strong link in the chain by which I would bind your consciences and your hearts to the deed I ask of you this day. If, I say, the peo- ple of Massachusetts, from the hills of Berkshire to the sands of Cape Cod, from the borders of the Green Mountain State to the line of the Connecticut, do not mean to send back the runaway slave, or permit him to be sent back ; if they mean to shelter him, to feed him, to hide him, and speed him on his way to Can- ada, if he cannot be safe here ; in other words, if they mean to violate what they acknowledge to be a pro- vision of the Constitution ; if they mean to transgress what they understand to be the requirements of the statute ; if they mean to tread under foot the prece- dents of the Supreme Court, and of the inferior Courts, then what right have they to lie to the South, and to lie to the M'orld, even though that lie should cover ten pages of the statute-book with a tissue of cir- cumlocutions that darken counsel by words withou 30 knowledge ? (Cheers.) What right have they to say they will do the thing somehoiv^ which they do not mean to do anyhow f — that the only difficulty there is, is about the mode, when in the heart of them they know the difficulty is about the thing ? Why not be honest, manly ? Why not be frank and open ? Why not speak out to the world what they cherish in their own hearts ? Is it not time to verifj'' the declaration of Scripture, * that what is spoken in the ear, shall be proclaimed from the house-top'? Is it not time for us to get hold here of the two Massachusetts extrem- ities of the Underground Railroad, and lift it up into daylight ? (Loud applause.) Nay, is it not time to go yet a little further than that, and break the connection between the Underground liailroad of Massachusetts and that of A'ermont or New Hampshire, and estab- lish here the terminus, right under the shadow of our State House? (Enthusiastic cheering.) Let that granite obelisk yonder upon Bunker Hill be the boundary which says, ' Hitherto, but no further ! ' Nay, rather, only to him who comes along the ocean track let this be the terminus, but just as soon as the land traveller crosses the line of Connecticut, and the air of Massachusetts breathes into the open windows of the car, let it be understood the journey is ended. (Renewed applause.) Is not that the true response to the demands of the Slave Power for larger concessions to slavery, when, with Chief Justice Taney for her mouthpiece, she asks you to permit her to carry — no, not asks you to per- mit her, but insolently demands tliat you accede to her claim — a claim not included [in the terms of the Constitution — to carry her slaves all over the Free 31 States, — to Bunker Hill and Faneuil Hall, to every place consecrated by the blood of freemen, and sacred to the memories of the past — demands the right of car- rying slaves wherever she will, and of holding them as property wherever they are borne — is not this the fit response : « No man shall be recognized as prop- erty on the soil of Massachusetts; no man shall be taken as property from the soil of Massachusetts ! ' The people mean it, the people desire it, the people have deliberately purposed it in their heart of hearts, and why should they not say so ? That is the avowal of each of the parties, and of all, taken singly ; why should it not be the avowal of all, speaking collect- ively ? Lest the voice of the Commonwealth, express- ed through so many organs of speech, should fail to reach the ears of the farthest South, why not utter it in one grand blast through the speaking trump of your Legislature ? Carolina, Florida, Texas, can hear that, for they tremble sometimes at even the faint whispers it has heretofore uttered. But the argument is not complete by this state- ment of it ; and so I go back to the starting-point by the next statement which I make. I ask all these people of Massachusetts who tell me that they do not mean to give up a runaway slave, ' Why, do you dare disobey a law of the land ? ' You are ' a law-abiding people.' I have learned that from your earliest his- tory. It is in the very bones' and blood of your An- glo-Saxon race to be < a law-abiding people.' A Saxon man is only a section of a circle, a fraction of an in- teger, and the recognition of the State is essential to his completeness, and he acknowledges its authority accordingly. He is • a law-abiding ' man. But, some- 32 how, you have come into a position here which reveals another side of that Saxon character. You are prac- tically contemning the law ; doing it secretly, if you will, not because you are ashamed to do it openly, but because only so can j'ou do it effectively ; you say that you do not go about this work of charity and mercy and humanit}^ and justice, in the manner one would go about robbing hen-roosts and stealing sheep, be- cause you think there is any thing germane in it to such transactions, but because so only can you make the benefit effectual that you desire to confer. Very good ; then comes my question — * Law-abiding as you are, — constitutionally, traditionally, educationally, habitually law-abiding as you are, why do you now break away from the ties which constitution and tradi- tion and education and habit have imposed upon you, and tread the law under your feet, break away from the constitutional requirements, and give liberty to him whom law and Constitution have branded as a chattel and property ? ' There is but just one answer you can make ; there is but just one answer which measures itself adequately with the terms of the question, and that is — Conscience — God ! You know it as well as I. * God and Conscience will not let us do otherwise. We are not law-abiding, because we are law-abiding. "We are not abiding by the lower law, because we are cognizant of the higher.' (Applause.) There, then, I leave j'ou, where I began. I began by showing you that this comijact is n< t binding by reason of its immorality ; I conclude by showing you that you feel it not to be binding by reason of your consciousness of its immorality. 54 o . » 'b.r.'i ,<°<. • « '^.o,^ 0_ #^"^JW^* ^0 fqf.. • O^ • fi* ^^/ c^-^. WERT BOOKeiNCMNC. Gf^rttvflk, Pa cU • B O * « ^^ * • » 1 • i^9 *1^^