The distinction between Federal rights and local rights, is an idle

distinction. Because the new State acquires Federal rights, it is not,

therefore, in this Union. The Union is a compact; and is it an equal

party to that compact, because it has equal Federal rights?

How is the Union formed? By equal contributions of power. Make one

member sacrifice more than another, and it becomes unequal. The compact

is of two parts:

1. The thing obtained--Federal rights. 2. The price paid--local

sovereignty.

You may disturb the balance of the Union, either by diminishing the

thing acquired, or increasing the sacrifice paid.

What were the purposes of coming into the Union among the original

States? The States were originally sovereign without limit, as to

foreign and domestic concerns. But being incapable of protecting

themselves singly, they entered into the Union to defend themselves

against foreign violence. The domestic concerns of the people were not,

in general, to be acted on by it. The security of the power, of managing

them by domestic legislature, is one of the great objects of the Union.

The Union is a means, not an end. By requiring greater sacrifices

of domestic power, the end is sacrificed to the means. Suppose the

surrender of all, or nearly all, the domestic powers of legislation were

required; the means would there have swallowed up the end.

The argument that the compact may be enforced, shows that the Federal

predicament changed. The power of the Union not only acts on persons or

citizens, but on the faculty of the government, and restrains it in a

way which the Constitution nowhere authorizes. This new obligation takes

away a right which is expressly "reserved to the people or the States,"

since it is nowhere granted to the government of the Union. You cannot

do indirectly what you cannot do directly. It is said that this Union

is competent to make compacts. Who doubts it? But can you make this

compact? I insist that you cannot make it, because it is repugnant to

the thing to be done.

The effect of such a compact would be to produce that inequality in the

Union, to which the Constitution, in all its provisions, is adverse.

Everything in it looks to equality among the members of the Union. Under

it you cannot produce inequality. Nor can you get before-hand of the

Constitution, and do it by anticipation. Wait until a State is in the

Union, and you cannot do it; yet it is only upon the State in the Union

that what you do begins to act.

But it seems that, although the proposed restrictions may not be

justified by the clause of the Constitution which gives power to admit

new States into the Union, separately considered, there are other parts

of the Constitution which, combined with that clause, will warrant it.

And first, we are informed that there is a clause in this instrument

which declares that Congress shall guarantee to every State a republican

form of government; that slavery and such a form of government are

incompatible; and, finally, as a conclusion from these premises, that

Congress not only have a right, but are bound to exclude slavery from a

new State. Here again, sir, there is an edifying inconsistency between

the argument and the measure which it professes to vindicate. By the

argument it is maintained that Missouri cannot have a republican form of

government, and at the same time tolerate negro slavery. By the measure

it is admitted that Missouri may tolerate slavery, as to persons already

in bondage there, and be nevertheless fit to be received into the Union.

What sort of constitutional mandate is this which can thus be made

to bend and truckle and compromise as if it were a simple rule of

expediency that might admit of exceptions upon motives of countervailing

expediency. There can be no such pliancy in the peremptory provisions of

the Constitution. They cannot be obeyed by moieties and violated in the

same ratio. They must be followed out to their full extent, or treated

with that decent neglect which has at least the merit of forbearing to

render contumacy obtrusive by an ostentatious display of the very duty

which we in part abandon. If the decalogue could be observed in this

casuistical manner, we might be grievous sinners, and yet be liable to

no reproach. We might persist in all our habitual irregularities,

and still be spotless. We might, for example, continue to covet our

neighbors' goods, provided they were the same neighbors whose goods we

had before coveted--and so of all the other commandments.

Will the gentlemen tell us that it is the quantity of slaves, not the

quality of slavery, which takes from a government the republican

form? Will they tell us (for they have not yet told us) that there are

constitutional grounds (to say nothing of common sense) upon which the

slavery which now exists in Missouri may be reconciled with a republican

form of government, while any addition to the number of its slaves (the

quality of slavery remaining the same) from the other States, will

be repugnant to that form, and metamorphose it into some nondescript

government disowned by the Constitution? They cannot have recourse to

the treaty of 1803 for such a distinction, since independently of what I

have before observed on that head, the gentlemen have contended that the

treaty has nothing to do with the matter.

They have cut themselves off from all chance of a convenient distinction

in or out of that treaty, by insisting that slavery beyond the old

United States is rejected by the Constitution, and by the law of God

as discoverable by the aid of either reason or revelation; and moreover

that the treaty does not include the case, and if it did could not make

it better. They have, therefore, completely discredited their own theory

by their own practice, and left us no theory worthy of being seriously

controverted. This peculiarity in reasoning of giving out a universal

principle, and coupling with it a practical concession that it is wholly

fallacious, has indeed run through the greater part of the arguments

on the other side; but it is not, as I think, the more imposing on that

account, or the less liable to the criticism which I have here bestowed

upon it.

* * * * *

But let us proceed to take a rapid glance at the reasons which have been

assigned for this notion that involuntary servitude and a republican

form of government are perfect antipathies. The gentleman from New

Hampshire has defined a republican government to be that in which all

the men participate in its power and privileges; from whence it follows

that where there are slaves, it can have no existence. A definition is

no proof, however, and even if it be dignified (as I think it was) with

the name of a maxim, the matter is not much mended. It is Lord Bacon

who says "That nothing is so easily made as a maxim"; and certainly a

definition is manufactured with equal facility. A political maxim is

the work of induction, and cannot stand against experience, or stand on

anything but experience. But this maxim, or definition, or whatever else

it may be, sets facts at defiance. If you go back to antiquity, you will

obtain no countenance for this hypothesis; and if you look at home you

will gain still less. I have read that Sparta, and Rome, and Athens, and

many others of the ancient family, were republics. They were so in form

undoubtedly--the last approaching nearer to a perfect democracy than any

other government which has yet been known in the world. Judging of

them also by their fruits, they were of the highest order of republics.

Sparta could scarcely be any other than a republic, when a Spartan

matron could say to her son just marching to battle, "Return victorious,

or return no more."

It was the unconquerable spirit of liberty, nurtured by republican

habits and institutions, that illustrated the pass of Thermopylae. Yet

slavery was not only tolerated in Sparta, but was established by one

of the fundamental laws of Lycurgus, having for its object the

encouragement of that very spirit. Attica was full of slaves--yet the

love of liberty was its characteristic. What else was it that foiled the

whole power of Persia at Marathon and Salamis? What other soil than that

which the genial sun of republican freedom illuminated and warmed,

could have produced such men as Leonidas and Miltiades, Themistocles and

Epaminondas? Of Rome it would be superfluous to speak at large. It is

sufficient to name the mighty mistress of the world, before Sylla gave

the first stab to her liberties and the great dictator accomplished

their final ruin, to be reminded of the practicability of union between

civil slavery and an ardent love of liberty cherished by republican

establishments.

If we return home for instruction upon this point, we perceive that same

union exemplified in many a State, in which "Liberty has a temple in

every house, an altar in every heart," while involuntary servitude is

seen in every direction.

Is it denied that those States possess a republican form of government?

If it is, why does our power of correction sleep? Why is the

constitutional guaranty suffered to be inactive? Why am I permitted to

fatigue you, as the representative of a slaveholding State, with the

discussion of the "_nugae canorae_" (for so I think them) that have been

forced into this debate contrary to all the remonstrances of taste

and prudence? Do gentlemen perceive the consequences to which their

arguments must lead if they are of any value? Do they reflect that they

lead to emancipation in the old United States--or to an exclusion of

Delaware, Maryland, and all the South, and a great portion of the West

from the Union? My honorable friend from Virginia has no business here,

if this disorganizing creed be anything but the production of a heated

brain. The State to which I belong, must "perform a lustration"--must

purge and purify herself from the feculence of civil slavery, and

emulate the States of the North in their zeal for throwing down the

gloomy idol which we are said to worship, before her senators can have

any title to appear in this high assembly. It will be in vain to urge

that the old United States are exceptions to the rule--or rather (as the

gentlemen express it), that they have no disposition to apply the rule

to them. There can be no exceptions by implication only, to such a

rule; and expressions which justify the exemption of the old States

by inference, will justify the like exemption of Missouri, unless they

point exclusively to them, as I have shown they do not. The guarded

manner, too, in which some of the gentlemen have occasionally expressed

themselves on this subject, is somewhat alarming. They have no

disposition to meddle with slavery in the old United States. Perhaps

not--but who shall answer for their successors? Who shall furnish a

pledge that the principle once ingrafted into the Constitution, will not

grow, and spread, and fructify, and overshadow the whole land? It is the

natural office of such a principle to wrestle with slavery, wheresoever

it finds it. New States, colonized by the apostles of this principle,

will enable it to set on foot a fanatical crusade against all who still

continue to tolerate it, although no practicable means are pointed out

by which they can get rid of it consistently with their own safety. At

any rate, a present forbearing disposition, in a few or in many, is not

a security upon which much reliance can be placed upon a subject as to

which so many selfish interests and ardent feelings are connected with

the cold calculations of policy. Admitting, however, that the old United

States are in no danger from this principle--why is it so? There can be

no other answer (which these zealous enemies of slavery can use) than

that the Constitution recognizes slavery as existing or capable of

existing in those States. The Constitution, then, admits that slavery

and a republican form of government are not incongruous. It associates

and binds them up together and repudiates this wild imagination which

the gentlemen have pressed upon us with such an air of triumph. But the

Constitution does more, as I have heretofore proved. It concedes that

slavery may exist in a new State, as well as in an old one--since the

language in which it recognizes slavery comprehends new States as well

as actual. I trust then that I shall be forgiven if I suggest, that no

eccentricity in argument can be more trying to human patience, than a

formal assertion that a constitution, to which slave-holding States were

the most numerous parties, in which slaves are treated as property

as well as persons, and provision is made for the security of that

property, and even for an augmentation of it by a temporary importation

from Africa, with a clause commanding Congress to guarantee a republican

form of government to those very States, as well as to others,

authorizes you to determine that slavery and a republican form of

government cannot coexist.

But if a republican form of government is that in which all the men have

a share in the public power, the slave-holding States will not alone

retire from the Union. The constitutions of some of the other States do

not sanction universal suffrage, or universal eligibility. They require

citizenship, and age, and a certain amount of property, to give a title

to vote or to be voted for; and they who have not those qualifications

are just as much disfranchised, with regard to the government and its

power, as if they were slaves. They have civil rights indeed (and

so have slaves in a less degree; ) but they have no share in the

government. Their province is to obey the laws, not to assist in making

them. All such States must therefore be forisfamiliated with Virginia

and the rest, or change their system. For the Constitution being

absolutely silent on those subjects, will afford them no protection. The

Union might thus be reduced from an Union to an unit. Who does not see

that such conclusions flow from false notions--that the true theory of a

republican government is mistaken--and that in such a government rights,

political and civil, may be qualified by the fundamental law, upon such

inducements as the freemen of the country deem sufficient? That civil

rights may be qualified as well as political, is proved by a

thousand examples. Minors, resident aliens, who are in a course of

naturalization--the other sex, whether maids, or wives, or widows,

furnish sufficient practical proofs of this.

* * * * *

We are next invited to study that clause of the Constitution which

relates to the migration or importation, before the year 1808, of such

persons as any of the States then existing should think proper to admit.

It runs thus: "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."

It is said that this clause empowers Congress, after the year 1808,

to prohibit the passage of slaves from State to State, and the word

"migration" is relied upon for that purpose.

* * * * *

Whatever may be the latitude in which the word "persons" is capable of

being received, it is not denied that the word "importation" indicates

a bringing in from a jurisdiction foreign to the United States. The two

termini of the importation, here spoken of, are a foreign country and

the American Union--the first the _terminus a quo_, the second the

_terminus ad quem_. The word migration stands in simple connexion with

it, and of course is left to the full influence of that connection.

The natural conclusion is, that the same termini belong to each, or, in

other words, that if the importation must be abroad, so also must be

the migration--no other termini being assigned to the one which are not

manifestly characteristic of the other. This conclusion is so obvious,

that to repel it, the word migration requires, as an appendage,

explanatory phraseology, giving to it a different beginning from that

of importation. To justify the conclusion that it was intended to mean a

removal from State to State, each within the sphere of the constitution

in which it is used, the addition of the words from one to another State

in this Union, were indispensable. By the omission of these words, the

word "migration" is compelled to take every sense of which it is fairly

susceptible from its immediate neighbor, "importation." In this view

it means a coming, as "importation" means a bringing, from a foreign

jurisdiction into the United States. That it is susceptible of this

meaning, nobody doubts. I go further. It can have no other meaning in

the place in which it is found. It is found in the Constitution of this

Union--which, when it speaks of migration as of a general concern, must

be supposed to have in view a migration into the domain which itself

embraces as a general government.

Migration, then, even if it comprehends slaves, does not mean the

removal of them from State to State, but means the coming of slaves

from places beyond their limits and their power. And if this be so, the

gentlemen gain nothing for their argument by showing that slaves were

the objects of this term.

An honorable gentleman from Rhode Island, whose speech was distinguished

for its ability, and for an admirable force of reasoning, as well to

as by the moderation and mildness of its spirit, informed us, with less

discretion than in general he exhibited, that the word "migration" was

introduced into this clause at the instance of some of the Southern

States, who wished by its instrumentality to guard against a prohibition

by Congress of the passage into those States of slaves from other

States. He has given us no authority for this supposition, and it is,

therefore, a gratuitous one. How improbable it is, a moment's reflection

will convince him. The African slave trade being open during the whole

of the time to which the entire clause in question referred, such a

purpose could scarcely be entertained; but if it had been entertained,

and there was believed to be a necessity for securing it, by a

restriction upon the power of Congress to interfere with it, is it

possible that they who deemed it important, would have contented

themselves with a vague restraint, which was calculated to operate

in almost any other manner than that which they desired? If fear and

jealousy, such as the honorable gentleman has described, had dictated

this provision, a better term than that of "migration," simple and

unqualified, and joined, too, with the word "importation," would have

been found to tranquilize those fears and satisfy that jealousy. Fear

and jealousy are watchful, and are rarely seen to accept a security

short of their object, and less rarely to shape that security, of their

own accord, in such a way as to make it no security at all. They always

seek an explicit guaranty; and that this is not such a guaranty this

debate has proved, if it has proved nothing else.

WENDELL PHILLIPS,

OF MASSACHUSETTS. (BORN 1811, DIED 1884.)

ON THE MURDER OF LOVEJOY;

FANEUIL HALL, BOSTON, DECEMBER 8, 1837

MR. CHAIRMAN:

We have met for the freest discussion of these resolutions, and the

events which gave rise to them. [Cries of "Question," "Hear him," "Go

on," "No gagging," etc.] I hope I shall be permitted to express my

surprise at the sentiments of the last speaker, surprise not only at

such sentiments from such a man, but at the applause they have received

within these walls. A comparison has been drawn between the events of

the Revolution and the tragedy at Alton. We have heard it asserted here,

in Faneuil Hall, that Great Britain had a right to tax the colonies,

and we have heard the mob at Alton, the drunken murderers of Lovejoy,

compared to those patriot fathers who threw the tea overboard! Fellow

citizens, is this Faneuil Hall doctrine? ["No, no."] The mob at Alton

were met to wrest from a citizen his just rights--met to resist the

laws. We have been told that our fathers did the same; and the glorious

mantle of Revolutionary precedent has been thrown over the mobs of our

day. To make out their title to such defence, the gentleman says that

the British Parliament had a right to tax these colonies. It is manifest

that, without this, his parallel falls to the ground, for Lovejoy

had stationed himself within constitutional bulwarks. He was not only

defending the freedom of the press, but he was under his own roof, in

arms with the sanction of the civil authority. The men who assailed him

went against and over the laws. The mob, as the gentleman terms it--mob,

forsooth! certainly we sons of the tea-spillers are a marvellously

patient generation!--the "orderly mob" which assembled in the Old

South to destroy the tea, were met to resist, not the laws, but illegal

enactions. Shame on the American who calls the tea tax and stamp act

laws! Our fathers resisted, not the King's prerogative, but the King's

usurpation. To find any other account, you must read our Revolutionary

history upside down. Our State archives are loaded with arguments

of John Adams to prove the taxes laid by the British Parliament

unconstitutional--beyond its power. It was not until this was made out

that the men of New England rushed to arms. The arguments of the Council

Chamber and the House of Representatives preceded and sanctioned the

contest. To draw the conduct of our ancestors into a precedent for mobs,

for a right to resist laws we ourselves have enacted, is an insult to

their memory. The difference between the excitements of those days and

our own, which the gentleman in kindness to the latter has overlooked,

is simply this: the men of that day went for the right, as secured

by the laws. They were the people rising to sustain the laws and

constitution of the Province. The rioters of our days go for their

own wills, right or wrong. Sir, when I heard the gentleman lay down

principles which place the murderers of Alton side by side with Otis and

Hancock, with Quincy and Adams, I thought those pictured lips [pointing

to the portraits in the Hall] would have broken into voice to rebuke the

recreant American--the slanderer of the dead. The gentleman said that he

should sink into insignificance if he dared to gainsay the principles

of these resolutions. Sir, for the sentiments he has uttered, on soil

consecrated by the prayers of Puritans and the blood of patriots, the

earth should have yawned and swallowed him up.

[By this time, the uproar in the Hall had risen so high that the speech

was suspended for a short time. Applause and counter applause, cries of

"Take that back," "Make him take back recreant," "He sha'n't go on till

he takes it back," and counter cries of "Phillips or nobody," continued

until the pleadings of well-known citizens had somewhat restored order,

when Mr. Phillips resumed.]

Fellow citizens, I cannot take back my words. Surely the

Attorney-General, so long and so well known here, needs not the aid of

your hisses against one so young as I am--my voice never before heard

within these walls!

* * * * *

I must find some fault with the statement which has been made of the

events at Alton. It has been asked why Lovejoy and his friends did not

appeal to the executive--trust their defence to the police of the city?

It has been hinted that, from hasty and ill-judged excitement, the men

within the building provoked a quarrel, and that he fell in the course

of it, one mob resisting another. Recollect, sir, that they did act with

the approbation and sanction of the Mayor. In strict truth, there was

no executive to appeal to for protection. The Mayor acknowledged that

he could not protect them. They asked him if it was lawful for them to

defend themselves. He told them it was, and sanctioned their assembling

in arms to do so. They were not, then, a mob; they were not merely

citizens defending their own property; they were in some sense the

_posse comitatus_, adopted for the occasion into the police of the city,

acting under the order of a magistrate. It was civil authority resisting

lawless violence. Where, then, was the imprudence? Is the doctrine to

be sustained here that it is imprudent for men to aid magistrates in

executing the laws?

American Eloquence, Volume 2 Studies In American Political History (1896) · 第 4 / 16 段