CHAPTER IV.

CONTINUED EFFORTS TO SUPPRESS THE ANTISLAVERY MOVEMENT BY FORCE AND

INTIMIDATION.--FAVOURABLE EFFECT UPON THE PUBLIC MIND PRODUCED BY

JAY'S WRITINGS.

The second anniversary of the American Antislavery Society was held at

the Presbyterian Church at Houston and Thompson Streets in New York on

the 12th of May, 1835. James G. Birney, of Kentucky, George Thompson, of

England, and William Lloyd Garrison made addresses. Judge Jay was

appointed foreign corresponding secretary, and instructed to convey to

the Duc de Broglie, president of the French Society for the Abolition of

Slavery, the sympathy of American abolitionists.

The increasing activity and strength of the antislavery movement were

not unnoticed by the partisans of the Slave Power, both North and South,

and an incident occurred at Charleston, S. C., on the night of July

29th, which illustrated the temper and methods of the party. The

American Antislavery Society had directed their publishers to forward a

number of their periodical papers presenting facts and arguments on the

subject of slavery to various Southern gentlemen of distinction in the

hope of inspiring a spirit of inquiry among persons of influence and

character. "But it was precisely this spirit of inquiry," said Judge

Jay, "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 incite the slaves to

insurrection." The fact that a considerable number of antislavery

publications had arrived at Charleston became known, and a mob broke

into the post-office and burned the mail in the streets. Arthur Tappan,

William L. Garrison, and Rev. Samuel H. Cox were burned in effigy. Mass

meetings were held at Charleston and Richmond to approve the action of

the mob, and aroused great excitement throughout the country. A

committee was appointed at Charleston to take charge of the Northern

mail on its arrival and to see that no antislavery papers should reach

their destinations. The postmaster advised the postmaster-general that

under existing circumstances he had determined to suppress all

antislavery publications, and asked for instructions. Amos Kendall,

Jackson's postmaster-general, whose sworn duty it was to preserve the

sanctity of the mails, was only too willing to act as the tool of the

Slave Power. "We owe," he replied, "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.

Entertaining these views, I _cannot sanction and will not condemn the

step you have taken_." These novel and dangerous doctrines, by which the

laws of the republic were to be set aside by public officers for

political purposes, received the sanction of President Jackson.

The postmaster at New York, Samuel L. Gouverneur, proposed to the

American Antislavery Society that it voluntarily desist from sending its

publications by mail, but the Executive Committee properly refused to

yield the legal rights which they possessed in common with their

fellow-citizens. The postmaster announced that antislavery papers would

not be forwarded until further notice, and wrote to Washington for

instructions. Kendall replied that he was "deterred from giving an order

to exclude the whole series of antislavery publications from the

Southern mail only by a want of legal power." Such a power, he admitted,

vested in the head of the post-office department, would be fearfully

dangerous and had been withheld properly; but he added, with more regard

to the public opinion of the moment than to the principles of the

Constitution, "If I were situated as you are, I would do as you have

done." Some members of the Executive Committee wished to test the action

of the New York postmaster in the United States courts, but Judge Jay

opposed the plan for reasons which he gave in a letter to Elizur Wright,

Jr.: "The action must be brought and tried in the city of New York--in

that city in which this same gentleman, after his offence had been

publicly proclaimed by himself in the newspapers, addressed thousands of

the citizens in the Park and was received by their applause. Nor is this

all. His conduct is commended by his superior, who is a member of the

President's cabinet and probably acts with the approbation of General

Jackson. Under such circumstances, I think it improbable that a

prosecution would be attended with any result beneficial to our cause.

We have not surrendered our rights, but they have been violently wrested

from us.... _Festina lente_ is sometimes a safe maxim. Fidelity to our

principles and prudence in our conduct will, in time, through the

blessing of God, crown our labours with success. You think it is hardly

to be supposed that the people of the North are willing to give up the

right of the post-office. Certainly they are not willing to give up

their own, but they are willing _at present_ to give up _our_ right to

it."

The South, recognizing the growing strength of antislavery opinion,

began its appeals to the North to save the Union by suppressing the

abolitionists. A public meeting in Virginia requested that this might be

done "by strong yet lawful, by mild yet constitutional means"--terms

which recalled the inquisitor of the Holy Office handing over condemned

heretics to the executioner with the ironical request that he would

deal with them tenderly and without blood-letting. In deference to the

Slave Power the post-office had been made to nullify the freedom of the

press, and freedom of speech was now to be suppressed, if possible, by

mob violence. The situation of abolitionists in this year may be

inferred from letters written from Brooklyn during the summer by Mrs.

Lydia Maria Child: "I have not ventured into the city, nor does one of

us dare to go to church to-day, so great is the excitement here. You can

form no conception of it. 'Tis like the times of the French Revolution,

when no man dared trust his neighbour. Private assassins from New

Orleans are lurking at the corners of the streets to stab Arthur Tappan;

and very large sums are offered for any one who will get Mr. George

Thompson into the slave States. I tremble for him. He is almost a close

prisoner in his chamber, his friends deeming him in eminent peril the

moment it is ascertained where he is.... Five thousand dollars were

offered on the Exchange in New York for the head of Arthur Tappan on

Friday last. Elizur Wright is barricading his house with shutters, bars,

and bolts. Judge Jay has been with us two or three days. He is as firm

as the everlasting hills."

The popular feeling against the abolitionists was growing daily, and

from every quarter they were charged with "unconstitutional,

insurrectionary, and diabolical designs." To attempt to disabuse the

community of the false impressions received from pro-slavery speakers

and newspapers seemed the most important duty at this time. The

following anonymous letter, signed "A Returning Southerner," was

received by Arthur Tappan, and placed the necessity for such action in a

strong light:

"Though we are unknown to each other, yet the friendship I feel for

you induces me to address you. I have been where you have not, and

have heard what you have not, and believe that great prudence is

requisite on your part. I do not ask you to remit your philanthropic

efforts. Heaven and future ages, if not the present, will appreciate

them.

"I do not pretend to advise, but have often thought that you and

your friends do not take sufficient means to disabuse the public of

the ceaseless charges of a multitude of papers.

"A vast majority in this city have never seen one of your papers,

and countless multitudes, not only here but through our vast

republic, believe without a doubt, for they have seen it unceasingly

asserted and never contradicted, that you ardently wish your

incendiary publications to excite the slaves to rebellion and

bloodshed, massacre and rapine in their worst forms. While this

impression is so common, or rather so universal, I was glad to see

in circulation, as tending in some measure to your safety and the

safety of this association, that you address not the slave but his

master--a fact well enough known by your vengeance-seeking foes, but

not known by those whom they intend to use as instruments of

violence. I only presume further to suggest a card, to be inserted

at least a week in the _Courier and Inquirer_, stating in brief

terms that you do not advocate the violence imputed to you; that you

address the reason of white men, not the passions of slaves."

The Executive Committee of the American Antislavery Society resolved to

ask Judge Jay to prepare such a statement as the crisis called for. Jay

was on a tour through the White Mountains at the time, but immediately

on his return he prepared the following address, which was published in

September, 1835, and was widely circulated in America and Europe:

"_To the Public._

"In behalf of the American Antislavery Society we solicit the candid

attention of the public to the following declaration of our

principles and objects. Were the charges which are brought against

us made only by persons who are interested in the continuance of

slavery, and by such as are influenced solely by unworthy motives,

this address would be unnecessary; but there are those who merit and

possess our esteem, who would not voluntarily do us injustice, and

who have been led by gross misrepresentations to believe that we are

pursuing measures at variance not only with the constitutional

rights of the South but with the precepts of humanity and religion.

To such we offer the following explanations and assurances:

"1st. We hold that Congress has no more right to abolish slavery in

the Southern States than in the French West India Islands. Of course

we desire no national legislation on the subject.

"2d. We hold that slavery cannot be lawfully abolished except by the

Legislatures of the several States in which it prevails, and that

the exercise of any other than moral influence to induce such

abolition is unconstitutional.

"3d. We believe that Congress has the same right to abolish slavery

in the District of Columbia that the State governments have within

their respective jurisdictions, and that it is their duty to efface

so foul a spot from the national escutcheon.

"4th. We believe the American citizens have the right to express and

publish their opinions of the constitutions, laws, and institutions

of any and every State and nation under heaven; and we mean

never to surrender the liberty of speech, of the press, or of

conscience--blessings we have inherited from our fathers, and which

we intend, so far as we are able, to transmit unimpaired to our

children.

"5th. We have uniformly deprecated all forcible attempts on the part

of the slaves to recover their liberty; and were it in our power to

address them we would exhort them to observe a quiet and peaceful

demeanour, and would assure them that no insurrectionary movement on

their part would receive from us the slightest aid or countenance.

"6th. We would deplore any servile insurrection, both on account of

the calamities which would attend it and on account of the occasion

which it would furnish of increased severity and oppression.

"7th. We are charged with sending incendiary publications to the

South. If by the term 'incendiary' is meant publications containing

arguments and facts to prove slavery to be a moral and political

evil, and that duty and policy require its immediate abolition, the

charge is true. But if this term is used to imply publications

encouraging insurrection and designed to excite the slaves to break

their fetters, the charge is utterly and unequivocally false. We beg

our fellow-citizens to notice that this charge is made without

proof, and by many who confess that they have never read our

publications, and that those who make it offer to the public no

evidence from our writings in support of it.

"8th. We are accused of sending our publications to the slaves, and

it is asserted that their tendency is to excite insurrections. Both

the charges are false. These publications are not intended for the

slaves, and were they able to read them, they would find in them no

encouragement to insurrection.

"9th. We are accused of employing agents in the slave States to

distribute our publications. We have never had one such agent. We

have sent no packages of our papers to any person in those States

for distribution, except to five respectable resident citizens at

their own request. But we have sent by mail single papers addressed

to public officers, editors of newspapers, and clergymen. If,

therefore, our object is to excite the slaves to insurrection, the

masters are our agents!

"10th. We believe slavery to be sinful, injurious to this and to

every other country in which it prevails; we believe immediate

emancipation to be the duty of every slaveholder, and that the

immediate abolition of slavery, by those who have the right to

abolish it, would be safe and wise. These opinions we have freely

expressed, and we certainly have no intention to refrain from

expressing them in future, and urging them upon the consciences and

hearts of our fellow-citizens who hold slaves or apologize for

slavery.

"11th. We believe that the education of the poor is required by

duty, and by a regard for the permanency of our republican

institutions. There are thousands and tens of thousands of our

fellow-citizens, even in the free States, sunk in abject poverty,

and who, on account of their complexion, are virtually kept in

ignorance, and whose instruction in certain cases is actually

prohibited by law. We are anxious to protect the rights and to

promote the virtue and happiness of the coloured portion of our

population, and on this account we have been charged with a design

to encourage intermarriage between the whites and the blacks. This

charge has been repeatedly and is now again denied; while we repeat

that the tendency of our sentiments is to put an end to the criminal

amalgamation that prevails wherever slavery exists.

"12th. We are accused of acts that tend to a dissolution of the

Union, and even of wishing to dissolve it. We have never 'calculated

the value of the Union,' because we believe it to be inestimable,

and that the abolition of slavery will remove the chief danger of

its dissolution; and one of the many reasons why we endeavour to

preserve the Constitution is that it restrains Congress from making

any law 'abridging the freedom of speech or of the press.'

"Such, fellow-citizens, are our principles. Are they unworthy of

Christians and of republicans? Or are they in truth so atrocious

that in order to prevent their diffusion you are yourselves willing

to surrender at the dictation of others the invaluable privilege of

free discussion, the very birthright of Americans? Will you, in

order that the abominations of slavery may be concealed from public

view, and that the capital of your republic may continue to be as it

now is, under the sanction of Congress, the great slave-mart of the

American continent, consent that the general government, in

acknowledged defiance of the Constitution and laws, shall appoint

throughout the length and breadth of your land ten thousand censors

of the press, each of whom shall have the right to inspect every

document you may commit to the post-office, and to suppress every

pamphlet and newspaper, whether religious or political, which in his

sovereign pleasure he may adjudge to contain an incendiary article?

Surely we need not remind you that if you submit to such an

encroachment on your liberties the days of our republic are

numbered, and that although abolitionists may be the first, they

will not be the last victims offered at the shrine of arbitrary

power.

"(Signed)

"ARTHUR TAPPAN,

"JOHN RANKIN,

"WILLIAM JAY,

"ELIZUR WRIGHT, JR.,

"ABRAHAM L. COX,

"LEWIS TAPPAN,

"JOSHUA LEAVITT,

"SAMUEL E. CORNISH,

"SIMEON S. JOCELIN,

"THEODORE S. WRIGHT.

"NEW YORK, September 3d, 1835."

The effect of Jay's address to the public was thus described by Elizur

Wright, Jr.: "The Southern papers are copying it extensively, and most

of them charge us with having disclaimed in it our real motives--a proof

that our real sentiments were before misunderstood. In a large number of

Northern papers it is copied with more or less approbation. Indeed, none

but the determined pro-slavery presses fail to speak of it as a candid,

firm, and honourable if not convincing document." "It has had a most

beneficial effect," wrote Lewis Tappan. "What a contrast to the

ebullition of public meetings!"

A movement was begun in the year 1835, on the part of the Southern press

and Southern Legislatures to induce penal legislation in the North

against the expression of antislavery sentiments. The _Richmond Whig_

revealed its opinion of its Northern allies when it said: "Depend upon

it, the Northern people will never sacrifice their lucrative trade with

the South so long as the hanging of a few thousands will prevent it." In

obedience to these demands, pro-slavery men in the North were actually

to be found proposing legislation intended to destroy the freedom of the

press and to make antislavery expression a criminal offence. Judge Jay

took occasion to meet this movement in a charge which he delivered to

the Westchester Grand Jury, in which he said: "Any law which might be

passed to abridge in the slightest degree the freedom of speech or of

the press, or to shield any one subject from discussion, would be

utterly null and void; and it would be the duty of every genuine

republican to resist with energy and decision so palpable an outrage on

the declared will of the people." These remarks were widely published

and did much to discourage the pro-slavery agitators.

But other illegitimate and violent schemes to reduce to silence

antislavery men were soon brought into play. South Carolina having

inaugurated the assault upon the constitutional rights of the North

through the post-office, Alabama followed in a yet bolder step against

the personal security of abolitionists. Governor Gayle, of that State,

demanded of the Governor of New York that Ransom G. Williams, the

publishing agent of the Antislavery Society, should be surrendered to

him to be tried under the laws of Alabama on an indictment found

against him by the Grand Jury for publishing in the _Emancipator_, in

the city of New York, the following sentiment: "God commands and all

nature cries out that man should not be held as property. The system of

making men property has plunged two and a quarter millions of our

fellow-countrymen into the deepest physical and moral degradation, and

they are every moment sinking deeper." This expression was the most

offensive which the Alabama Grand Jury could discover in the documents

of the society on which to base the indictment and demand, and as the

one which came nearest to anything resembling an attempt to incite the

slaves to insurrection. Williams had never been in the State of Alabama,

was never subject to its laws, had never fled from its jurisdiction, and

these facts were admitted by the Governor when he made requisition for

Williams as a "fugitive from justice." While the American Antislavery

Society was considering what action it should take for the protection of

its agent, Lewis Tappan wrote to Judge Jay (8th September) suggesting

that he should get the opinion of two or three eminent lawyers on the

subject to be circulated by the society. Jay replied: "The Southern

papers have intimated that Northern abolitionists may be indicted in the

courts and then demanded of the State executives, and you request my

opinion whether it would be advisable to obtain and publish the legal

opinion of eminent counsel on this novel doctrine. The doctrine is so

monstrous, so utterly at variance with all our ideas of constitutional

and State rights, that it shocks the understanding and moral sense of

the community, and I verily believe that there is not one Northern

governor who would dare to arrest a citizen on such a demand. But if we

manifest alarm at this doctrine and get lawyers to controvert it, there

will be found rival presses, venal lawyers, and corrupt politicians to

support the other side of the question; the community will begin to

discuss the subject, passion and interest and prejudice will believe

whatever they want to believe. My opinion, therefore, is that the less

we say on this subject the better, and that we should not give a

factitious importance to the doctrine." Jay's advice was followed and

proved to be wise. Governor Marcy could do nothing but refuse the

request of Governor Gayle, although he softened his refusal by abuse of

the abolitionists.

Under the leadership of Alvan Stewart a convention was called to meet at

Utica on October 21, 1835, to form a New York State Antislavery Society.

About six hundred delegates were present. The spirit of mob violence,

which was being encouraged by pro-slavery orators and presses throughout

the country to suppress the abolitionists by force, was relied upon to

prevent the meeting of the convention. The mob having occupied in

advance the room in the court-house prepared for the meeting, the

delegates repaired to a Presbyterian Church, where they had barely

enough time to organize and elect officers before the riotous

supporters of slavery broke into the church and violently dispersed the

convention. The lawless tyranny to which the delegates were subjected

and their courageous conduct attracted to their cause many persons who

had held aloof hitherto. Chief among these was Gerrit Smith, who from

this time gave to the antislavery movement unstinted contributions of

money and intelligent labour. Judge Jay, notwithstanding his unavoidable

absence from the convention, was elected president of the society then

formed.

At about the same time as the Utica riots occurred the mobbing of

William Lloyd Garrison, in Boston, by "gentlemen of property and

standing." And all over the North were enacted scenes of violence,

encouraged by a large portion of the press, which were intended to

gratify the Southern demand that abolitionism should be put down at all

hazards. The sanctity of the mails, the constitutional right of free

speech and of lawful assemblage, were forgotten by a large portion of

the people. And they were forgotten by the President of the United

States himself. In December, 1835, Andrew Jackson, in his message to

Congress, gave a tacit approval to mob rule, to the suppression of the

freedom of the press, and to the oft-exposed falsehood that the

abolitionists distributed documents among the slaves intended to incite

them to insurrection; and he recommended the closing of the mails to

antislavery people.

The position taken by President Jackson was so unjust, so

unconstitutional, and so calculated to aggravate the situation, that the

American Antislavery Society determined to make an official reply to it.

Judge Jay was chosen to answer the President on behalf of the society,

and he prepared an address which was signed by all the officers. This

document was a complete exposure of the falsity of the charges made and

of the unlawfulness of the restrictive measures which Jackson proposed

to Congress.

"You have accused," said Jay, "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 depraved 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 and

tens of 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 character;

and yet, by the very vagueness of your charges, you incapacitate

each one of this multitude from proving his innocence.... 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 attempt made? By

secret agents, traversing the slave country in disguise, stealing by

night into the hut of the slave, and reading to him our inflammatory

appeals? You, sir, answer this question by declaring that we

attempted the mighty mischief by 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 antislavery office 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 in the hands of him whose dwelling

we would fire! We are conspiring to incite a servile war, and

announce our design to the masters and commit to their care and

disposal the very instruments by which we expect to effect our

purpose!... 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 we are engaged. That cause we believe

is approved 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

countrymen 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."

In 1836 Judge Jay resigned the presidency of the New York State

Antislavery Society. The distance of his home from the headquarters of

the society made the office nearly nominal, and he thought that it

should be filled by a person more favourably situated for usefulness.

"We commenced the present struggle," he wrote in his letter of

resignation, "to obtain the freedom of the slave; we are compelled to

continue it to preserve our own. We are now contending, not so much with

the slaveholders of the South about human rights, as with the political

and commercial aristocracy of the North, for the liberty of speech, of

the press, and of conscience. Our politicians are selling our

constitutions and laws for Southern votes. Our great capitalists are

speculating, not merely in land and banks, but in the liberties of the

people. We are called to contemplate a spectacle never, I believe,

before witnessed--the wealthy portion of the community striving to

introduce anarchy and violence on a calculation of profit; making

merchandise of peace and good order! In Boston we have seen the editor

of a newspaper led through the streets with a halter by gentlemen 'of

property and standing.' The New York mobs were excited, not by the

humble penny press, but by the malignant falsehood and insurrectionary

appeals of certain commercial journals. Rich and honourable men in

Cincinnati have recently at a public meeting proclaimed lynch law, and

through their influence a printing-press devoted to freedom has been

destroyed, and the whole affair, we are coolly and most truly told,

was a _business transaction_.

[Illustration: William Jay]

"... It cannot be, it is not in human nature that judges and lawyers and

rich merchants will long enjoy the exclusive privileges of trampling on

the laws. These men are sowing the wind and they will reap the

whirlwind. They may see the buddings of their harvest in the recent

assaults upon the Holland Land Company. When the tempest of anarchy they

are now raising shall sweep over the land it will not be the humble

abolitionist, but the lofty possessor of power and fortune, who will

first be levelled by the blast.... The obligations of religion and of

patriotism; the duties we owe to ourselves, to our children, the cause

of freedom, and the cause of humanity--all require us to be faithful to

our principles, to persevere in our exertions, and to surrender our

rights only with our breath. Duties are ours and consequences are God's,

and while we discharge the first we may be confident that the latter

will be entirely consistent with our true welfare."

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