The Senator, as if fearing that he had made his charge too broad, and might fail in proof to sustain it, seems to stop short, and make the inquiry, where is the process of amalgamation to begin? He had heard of no instance of the kind against abolitionists; they (the abolitionists) would begin it with the laboring cla.s.s; and if I understand the Senator correctly, that abolitionism, by throwing together the white and the black laborers, would naturally produce this result. Sir, I regret, I deplore, that such a charge should be made against the laboring cla.s.s--that cla.s.s which tills the ground; and, in obedience to the decree of their Maker, eat their bread in the sweat of their face--that cla.s.s, as Mr. Jefferson says, if G.o.d has a chosen people on earth, they are those who thus labor. This charge is calculated for effect, to induce the laboring cla.s.s to believe, that if emanc.i.p.ation takes place, they will be, in the free States, reduced to the same condition as the colored laborer. The reverse of that is the truth of the case. It is the slaveholder NOW, he who looks upon labor as only fit for a servile race, it is him and his kindred spirits who live upon the labor of others, endeavoring to reduce the white laborer to the condition of the slave. They do not yet claim him as property, but they would exclude him from all partic.i.p.ation in the public affairs of the country. It is further said, that if the negroes were free, the black would rival the white laborer in the free States.

I cannot believe it, while so many facts exist to prove the contrary.

Negroes, like the white race, but with stronger feelings, are attached to the place of their birth, and the home of their youth; and the climate of the South is congenial to their natures, more than that of the North. If emanc.i.p.ation should take place at the South--and the negro be freed from the fear of being made merchandize, they would remove from the free States of the North and West, immediately return to that country, because it is the home of their friends and fathers.

Already in Ohio, as far as my knowledge extends, has free white labor, (emigrants,) from foreign countries, engrossed almost entirely all situations in which male or female labor is found. But, sir, this plea of necessity and convenience is the plea of tyrants. Has not the free black person the same right to the use of his hands as the white person: the same right to contract and labor for what price he pleases? Would the gentleman extend the power of the government to the regulation of the productive industry of the country? This was his former theory, but put down effectually by the public voice. Taking advantage of the prejudice against labor, the attempt is now being made to begin this same system, by first operating on the poor black laborer. For shame! let us cease from attempts of this kind.

The Senator informs us that the question was asked fifty years ago that is now asked, Can the negro be continued forever in bondage? Yes; and it will continue to be asked, in still louder and louder tones.

But, says the Senator, we are yet a prosperous and happy nation. Pray, sir, in what part of your country do you find this prosperity and happiness? In the slave States? No! no! There all is weakness gloom, and despair; while, in the free States, all is light, business, and activity. What has created the astonishing difference between the gentleman"s State and mine--between Kentucky and Ohio? Slavery, the withering curse of slavery, is upon Kentucky, while Ohio is free.

Kentucky, the garden of the West, almost the land of promise, possessing all the natural advantages, and more than is possessed by Ohio, is vastly behind in population and wealth. Sir, I can see from the windows of my upper chamber, in the city of Cincinnati, lands in Kentucky, which, I am told, can be purchased from ten to fifty dollars per acre; while lands of the same quality, under the same improvements, and the same distance from me in Ohio, would probably sell from one to five hundred dollars per acre. I was told by a friend, a few days before I left home, who had formerly resided in the county of Bourbon, Kentucky--a most excellent county of lands adjoining, I believe, the county in which the Senator resides--that the white population of that county was more than four hundred less than it was five years since. Will the Senator contend, after a knowledge of these facts, that slavery in this country has been the cause of our prosperity and happiness? No, he cannot. It is because slavery has been excluded and driven from a large proportion of our country, that we are a prosperous and happy people. But its late attempts to force its influence and power into the free States, and deprive our citizens of their unquestionable rights, has been the moving cause of all the riots, burnings, and murders that have taken place on account of abolitionism; and it has, in some degree, even in the free States, caused mourning, lamentation, and woe. Remove slavery, and the country, the whole country, will recover its natural vigor, and our peace and future prosperity will be placed on a more extensive, safe, and sure foundation. It is a waste of time to answer the allegations that the emanc.i.p.ation of the negro race would induce them to make war on the white race. Every fact in the history of emanc.i.p.ation proves the reverse; and he that will not believe those facts, has darkened his own understanding, that the light of reason can make no impression: he appeals to interest, not to truth, for information on this subject. We do not fear his errors, while we are left free to combat them. The Senator implores us to cease all commotion on this subject. Are we to surrender all our rights and privileges, all the official stations of the country, into the hands of the slaveholding power, without a single struggle? Are we to cease all exertions for our own safety, and submit in quiet to the rule of this power? Is the calm of despotism to reign over this land, and the voice of freemen to be no more heard! This sacrifice is required of us, in order to sustain slavery. _Freemen_, will you make it? Will you shut your ears and your sympathies, and withhold from the poor, famished slave, a morsel of bread? Can you thus act, and expect the blessings of heaven upon your country? I beseech you to consider for yourselves.

Mr. President, I have been compelled to enter into this discussion from the course pursued by the Senate on the resolutions I submitted a few days since. The cry of abolitionist has been raised against me. If those resolutions are abolitionism, then I am an abolitionist from the sole of my feet to the crown of my head. If to maintain the rights of the States, the security of the citizen from violence and outrage; if to preserve the supremacy of the laws; if insisting on the right of pet.i.tion, a medium through which _every person_ subject to the laws has an undoubted right to approach the const.i.tutional authorities of the country, be the doctrines of abolitionists, it finds a response in every beating pulse in my veins. Neither power, nor favor, nor want, nor misery, shall deter me from its support while the vital current continues to flow.

Condemned at home for my opposition to slavery, alone and singlehanded here, well may I feel tremor and emotion in bearding this lion of slavery in his very _den_ and upon his own ground. I should shrink, sir, at once, from this fearful and unequal contest, was I not thoroughly convinced that I am sustained by the power of truth and the best interests of the country.

I listened to the Senator of Kentucky with undivided attention. I was disappointed, sadly disappointed. I had heard of the Senator"s tact in making compromises and agreements on this floor, and though opposed in principle to all such proceedings, yet I hoped to hear something upon which we could hang a hope that peace would be restored to the borders of our own States, and all future aggression upon our citizens from the free States be prevented. Now, sir, he offers us nothing but unconditional submission to political death; and not political alone, but absolute _death_. We have counted the cost in this matter, and are determined to live or die free. Let the slaveholder hug his system to his bosom in his own State, we will not go there to disturb him; but, sir, within our own borders we claim to enjoy the same privileges.

Even, sir, here in this District, this ten miles square of common property and common right, the slave power has the a.s.surance to come into this very Hall, and request that we--yes, Mr. President, that my const.i.tuents--be denied the right of pet.i.tion on the subject of slavery in this District. This most extraordinary pet.i.tion against the right of others to pet.i.tion on the same subject of theirs, is graciously received and ordered to be printed; paeans sung to it by the slave power, while the pet.i.tions I offer, from as honorable, free, high-minded and patriotic American citizens as any in this District, are spit upon, and turned out of doors as an _unclean thing_! Genius of liberty! how long will you sleep under this iron power of oppression? Not content with ruling over their own slaves, they claim the power to instruct Congress on the question of receiving pet.i.tions; and yet we are tauntingly and sneeringly told that we have nothing to do with the existence of slavery in the country, a suggestion as absurd as it is ridiculous. We are called upon to make laws in favor of slavery in the District, but it is denied that we can make laws against it; and at last the right of pet.i.tion on the subject, by the people of the free States, is complained of as an improper interference. I leave it to the Senator to reconcile all these difficulties, absurdities, claims and requests of the people of this District, to the country at large; and I venture the opinion that he will find as much difficulty in producing the belief that he is correct now, that he has found in obtaining the same belief that he was before correct in his views and political course on the subject of banks, internal improvements, protective tariffs, &c., and the regulation, by acts of Congress, of the productive industry of the country, together with all the compromises and coalitions he has entered into for the attainment of those objects. I rejoice, however, that the Senator has made the display he has on this occasion. It is a powerful shake to awaken the sleeping energies of liberty, and his voice, like a trumpet, will call from their slumbers millions of freemen to defend their rights; and the overthrow of his theory now, is as sure and certain, by the force of public opinion, as was the overthrow of all his former schemes, by the same mighty power.

I feel, Mr. President, as if I had wearied your patience, while I am sure my own bodily powers admonish me to close; but I cannot do so without again reminding my const.i.tuents of the greetings that have taken place on the consummation and ratification of the treaty, offensive and defensive, between the slaveholding and bank powers, in order to carry on a war against the liberties of our country, and to put down the present administration. Yes, there is no voice heard from New England now. Boston and Faneuil Hall are silent as death. The free day-laborer is, in prospect, reduced to the political, if not moral condition of the slave; an ideal line is to divide them in their labor; yes, the same principle is to govern on both sides. Even the farmer, too, will soon be brought into the same fold. It will be again said, with regard to the government of the country, "The farmer with his huge paws upon the statute book, what can he do?" I have endeavored to warn my fellow-citizens of the present and approaching danger, but the dark cloud of slavery is before their eyes, and prevents many of them from seeing the condition of things as they are.

That cloud, like the cloud of summer, will soon pa.s.s away, and its thunders cease to be heard. Slavery will come to an end, and the sunshine of prosperity warm, invigorate and bless our whole country.

I do not know, Mr. President, that my voice will ever again be heard on this floor. I now willingly, yes, gladly, return to my const.i.tuents, to the people of my own State. I have spent my life amongst them, and the greater portion of it in their service, and they have bestowed upon me their confidence in numerous instances. I feel perfectly conscious that, in the discharge of every trust which they have committed to me, I have, to the best of my abilities, acted solely with a view to the general good, not suffering myself to be influenced by any particular or private interest whatever; and I now challenge those who think I have done otherwise, to lay their finger upon any public act of mine, and prove to the country its injustice or anti-republican tendency. That I have often erred in the selection of means to accomplish important ends I have no doubt, but my belief in the truth of the doctrines of the Declaration of Independence, the political creed of President Jefferson, remains unshaken and unsubdued. My greatest regret is that I have not been more zealous, and done more for the cause of individual and political liberty than I have done. I hope, on returning to my home and my friends, to join them again in rekindling the beacon-fires of liberty upon every hill in our State, until their broad glare shall enlighten every valley, and the song of triumph will soon be heard, for the hearts of our people are in the hands of a just and holy being, (who can not look upon oppression but with abhorrence.) and he can turn them whithersoever he will, as the rivers of water are turned. Though our national sins are many and grievous, yet repentance, like that of ancient Nineveh, may divert from us that impending danger which seems to hang over our heads as by a single hair. That all may be safe, I conclude that THE NEGRO WILL YET BE SET FREE.

THE

ANTI-SLAVERY EXAMINER.

No. 11.

THE

CONSt.i.tUTION

A PRO-SLAVERY COMPACT.

OR

SELECTIONS

FROM

THE MADISON PAPERS, &c.

NEW YORK:

AMERICAN ANTI-SLAVERY SOCIETY.

142 Na.s.sAU STREET.

1844.

CONTENTS.

Introduction.

Debates in the Congress of the Confederation Debates in the Federal Convention List of Members of the Federal Convention Speech of Luther Martin

DEBATES IN STATE CONVENTIONS Ma.s.sachusetts New York Pennsylvania Virginia North Carolina South Carolina Extracts from the Federalist Debates in First Congress Address of the Executive Committee of the American Anti-Slavery Society Letter from Francis Jackson to Gov. Briggs Extract from Mr. Webster"s Speech Extracts from J.Q. Adams"s Address, November, 1844

INTRODUCTION.

Every one knows that the "Madison papers" contain a Report, from the pen of James Madison, of the Debates in the Old Congress of the Confederation and in the Convention which formed the Const.i.tution of the United States. We have extracted from them, in these pages, all the Debates on those clauses of the Const.i.tution which relate to slavery. To these we have added all that is found, on the same topic, in the Debates of the several State Conventions which ratified the Const.i.tution: together with so much of the Speech of Luther Martin before the Legislature of Maryland, and of the Federalist, as relate to our subject; with some extracts, also, from the Debates of the first Federal Congress on Slavery. These are all printed without alteration, except that, in some instances, we have inserted in brackets, after the name of a speaker, the name of the State from which he came. The notes and italics are those of the original, but the editor has added one note on page 30th, which is marked as his, and we have taken the liberty of printing in capitals one sentiment of Rufus King"s, and two of James Madison"s--a distinction which the importance of the statements seemed to demand--otherwise we have reprinted exactly from the originals.

These extracts develope most clearly all the details of that "compromise," which was made between freedom and slavery, in 1787; granting to the slaveholder distinct privileges and protection for his slave property, in return for certain commercial concessions on his part toward the North. They prove also that the Nation at large were fully aware of this bargain at the time, and entered into it willingly and with open eyes.

We have added the late "Address of the American Anti-Slavery Society,"

and the letter of Francis Jackson to Governor Briggs, resigning his commission of Justice of the Peace--as bold and honorable protests against the guilt and infamy of this National bargain, and as proving most clearly the duty of each individual to trample it under his feet.

The clauses of the Const.i.tution to which we refer as of a pro-slavery character are the following:--

Art. 1, Sect. 2. Representatives and direct taxes shall be apportioned among the several States, which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, _three fifths of all other persons_.

Art. 1, Sect. 8. Congress shall have power ... to suppress insurrections.

Art. 1, Sect. 9. The migration or importation of such persons as any of the States now existing, shall think proper to admit, shall not be prohibited by the Congress, prior to the year one thousand eight hundred and eight: but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.

Art. 4. Sec. 2. No person, held to service or labor in one State, under the laws thereof, escaping, into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such service or labor may be due.

Art. 4, Sect. 4. The United States shall guarantee to every State in this Union a republican form of government; and shall protect each of them against invasion; and, on application of the legislature, or of the executive, (when the legislature cannot be convened) _against domestic violence_.

The first of these clauses, relating to representation, confers on a slaveholding community additional political power for every slave held among them, and thus tempts them to continue to uphold the system: the second and the last, relating to insurrection and domestic violence, perfectly innocent in themselves--yet being made with the fact directly in view that slavery exists among us, do deliberately pledge the whole national force against the unhappy slave if he imitate our fathers and resist oppression--thus making us partners in the guilt of sustaining slavery: the third, relating to the slave trade, disgraces the nation by a pledge not to abolish that traffic till after twenty years, _without obliging Congress to do so even then_, and thus the slave trade may be legalized to-morrow if Congress choose: the fourth is a promise on the part of the whole Nation to return fugitive slaves to their masters, a deed which G.o.d"s law expressly condemns and which every n.o.ble feeling of our nature repudiates with loathing and contempt.

These are the articles of the "Compromise," so much talked of, between the North and South.

We do not produce the extracts which make up these pages to show what is the meaning of the clauses above cited. For no man or party, of any authority in such matters, has ever pretended to doubt to what subject they all relate. If indeed they were ambiguous in their terms, a resort to the history of those times would set the matter at rest for ever. A few persons, to be sure, of late years, to serve the purposes of a party, have tried to prove that the Const.i.tution makes no compromise with slavery. Notwithstanding the clear light of history;--the unanimous decision of all the courts in the land, both State and Federal;--the action of Congress and the State Legislature;--the constant practice of the Executive in all its branches;--and the deliberate acquiescence of the whole people for half a century, still they contend that the Nation does not know its own meaning, and that the Const.i.tution does not tolerate slavery!

Every candid mind however must acknowledge that the language of the Const.i.tution is clear and explicit.

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