I have now noticed the principal events which have taken place in

Congress, and which have led to what military men would call the

“demoralization” of many of the rank and file of its members. Some

recent movements have brought vividly to mind certain historical

recollections in regard to the African slave trade, now execrated by

all civilized nations. When the immortal Wilberforce exposed to public

gaze the secrets of that horrid traffic, his biographer says, “The

first burst of generous indignation promised nothing less than the

instant abolition of the trade, but _mercantile_ jealousy had taken

the alarm, and the defenders of the West India system found themselves

strengthened by the independent alliance of _commercial_ men.”--_Life

of Wilberforce_, vol. i. p. 291.

Again; opposition to Wilberforce’s motion “arose amongst the Guinea

_merchants_,”--“reënforced, however, before long by the great body of

West India planters.”--_Ibid._

The corporation of Liverpool spent, first and last, upwards of £10,000

in defence of a traffic which even the gravity and calmness of judicial

decisions have since pronounced “infernal.”

“Besides printing works in defence of the slave trade and remunerating

their authors; paying the expenses of delegates to attend in London

and watch Mr. Wilberforce’s proceedings, they pensioned the widows of

Norris and Green, and voted plate to Mr. Penny, for their exertions in

this cause.”--_Ibid._ p. 345.

It is said, that the corporation of Liverpool, at this time, “believed

firmly that the very existence of the city depended upon the

continuance of the traffic.” Look at Liverpool now, and reflect what

greater rewards, even of a temporal nature, God reserves for men that

abjure dishonesty and crime.

All collateral motives were brought to bear upon the subject, just

as they are at the present time. The Guinea trade was defended “as a

nursery for seamen.”--_Ibid._ p. 293.

Even as late as 1816, the same class of men, in the same country,

opposed the abolition of “white slavery” in Algiers, from the same

base motives of interest. It was thought that the danger of navigating

the Mediterranean, caused by the Barbary corsairs, was advantageous

to British commerce; because it might deter the merchant ships of

other nations from visiting it. After Lord Exmouth had compelled the

Algerines to liberate their European slaves, he proceeded against Tunis

and Tripoli. In giving an account of what he had done, he defends his

conduct “upon general principles,” but adds, “as applying to our own

country, [Great Britain,] it may not be borne out, _the old mercantile

interest being against it_.”--_Osler’s Life of Exmouth_, p. 303.

So after Admiral Blake, in the time of Cromwell, had attacked Tunis,

he says, in his despatch to Secretary Thurloe, “And now seeing it hath

pleased God soe signally to justify us herein, I hope his highness will

not be offended at it, nor any who regard duly the honor of the nation,

_although I expect to have the clamors of_ INTERESTED MEN.”--_Thurloe’s

State Papers_, vol. ii. p. 390.

And is commerce, the daughter of freedom, thus forever to lift her

parricidal hand against the parent that bore her? Are rich men

forever to use their “thirty pieces of silver,” or their “ten thousand

pounds sterling,” or their hundreds of thousands of dollars, to

reward the Judases for betraying their Savior? Viewed by the light

of our increased knowledge, and by our more elevated standard of

duty, the extension of slavery into California or New Mexico, at the

present time, or even the sufferance of it there, is a vastly greater

crime than was the African slave trade itself, in the last century;

and I would rather meet the doom of posterity, or of heaven, for

being engaged in the traffic then, than for being accessory to its

propagation now.

Let those who aid, abet, or connive at slavery extension now, as they

read the damning sentence which history has awarded against the actors,

abettors, and connivers of the African trade, _but change the names_,

and they will be reading of themselves. Should our new territories be

hereafter filled with groaning bondmen, should they become an American

Egypt, tyrannized over by ten thousand Pharaohs, it will be no defence

for those who permitted it, to say, “We hoped, we supposed, we trusted,

that slavery could not go there;” Nemesis, as she plies her scorpion

lash, will reply, “_You might have made it certain_.”

On this great question of freedom or slavery, I have observed with

grief, nay, with anguish, that we, at the north, break up into hostile

parties, hurl criminations and recriminations to and fro, and expend

that strength for the ruin of each other, which should be directed

against the enemies of liberty; while, at the south, whenever slavery

is in jeopardy, all party lines are obliterated, dissensions are

healed, enemies become friends, and all are found in a solid column,

with an unbroken front. Are the children of darkness to be forever

_so much_ wiser than the children of light? In the recent choice of

delegates for the Nashville convention, I have not seen a single

instance where Whig and Democrat have not been chosen as though they

were Siamese twins, and must go together. But here it often happens,

that as soon as one party is known to be in favor of one man, this

preference alone is deemed a sufficient reason why another party should

oppose him. Why can we not combine for the sacred cause of freedom,

as they combine for slavery? No thought or desire is further from my

mind than that of interfering with any man’s right of suffrage; but if,

(which is by no means impossible, nor perhaps improbable,) the fate of

New Mexico should be decided by one vote, and my vote should have been

the cause of a vacancy in any Congressional district that might have

sent a friend to freedom, I should say, with Cain, “My punishment is

greater than I can bear.”

On the subject of the present alienation and discord between the

north and the south, I wish to say that I have as strong a desire for

reconciliation and amity as any one can have. There is no _pecuniary_

sacrifice within the limits of the constitution, which I would not

willingly make for so desirable an object. Public revenues I would

appropriate, private taxation I would endure, to relieve this otherwise

thrice-glorious republic from the calamity and the wrong of slavery. I

would not only resist the devil, but if he will flee from me, I will

build a bridge of gold to facilitate his escape. I mention this to

prove that it is not the value, _in money_, of territorial freedom,

for which I contend, but its value _in character_, _in justice_, _in

human happiness_. While I utterly deny the claim set up by the south,

yet I would gladly consent that my southern fellow-citizens should go

to the territories and carry there every kind of property which I can

carry; I would then give to the Southern States their full share of all

the income ever to be derived from the sales of the public lands, or

the leasing of the public mines; and whatever, after this deduction,

was left in the public treasury, should be appropriated for the whole

nation, as has been the practice heretofore. That is, in consideration

of excluding slavery from the territories, I would give the south a

double share, or even a three-fold share, of all the income that may

ever be derived from them. Pecuniary surrenders I would gladly make for

the sake of peace, but not for peace itself would I surrender liberty.

It would be to suppose our merchants and manufacturers void of common

foresight, could they believe that concession now will bring security

hereafter. By yielding the moral question, they jeopard their pecuniary

interests. Should the south succeed in their present attempt upon the

territories, they will impatiently await the retirement of General

Taylor from the executive chair, to add the “State of Cuba,” with its

500,000 slaves, its ignorance and its demoralization, to their roll of

triumph. California will be a free-trade state, by the most certain of

all biases. They will have nothing to sell but gold; they will have

every thing to buy,--cradles and coffins, and all between. If New

Mexico is slave, it will also be free trade; and Cuba as certainly as

either,--though in that island facilities for smuggling will reduce

the difference between tariff and free trade to nothing. A surrender,

therefore, by our northern business men, will be most disastrous to

the very business that tempts them to surrender. Will they take no

warning from the fact that their apathy in regard to Texas repealed the

tariff of 1842? This is a low motive, I admit; but it may be set as a

back-fire to the motive by which some of them appear to be influenced.

There was no need, not a shadow of need, of perilling any principle,

nor any interest. Had the north stood firm, had they been true to the

great principles they have so often and so solemnly proclaimed, the

waves of southern violence would have struck harmless at their feet.

He is not learned in the weather who does not know that storms from

the south, though violent, are short. We are assailed now because we

have yielded before. The compromise of 1820 begat the nullification of

1832; the compromise of 1832 inspired the mad exploit of compassing

Texas, which our greater madness made sane. The moral paralysis which

failed to oppose the Mexican war, has given us the territories. If the

territories are now surrendered, we shall have Cuba, and an indefinite

career of conquest and of slavery will be opened on our south-western

border. Every new concession transfers strength from our side to the

side of our opponents; and if we cannot arrest our own course when we

are just entering the rapids, how can we arrest it when we come near

the verge of the cataract? The south may rule the Union, but they

cannot divide it. Their whole Atlantic seaboard is open to attack,

and powerless for defence; and the Mississippi River may as easily be

divided physically as politically into independent portions. With these

advantages, let us never aggress upon their rights, but let us maintain

our own.

Fellow-citizens, I would gladly relieve the darkness of this picture by

some gleams of light. There are two hopes which, as yet, are not wholly

extinguished in my mind. Beyond all question, a compromise bill will be

reported by the committee of thirteen, in which free California will be

made to carry as great a burden of slavery as she can bear. It is still

_possible_ that the House will treat, as it deserves, this adulterous

union. A single vote may turn the scale, and Massachusetts may give

that vote. Not improbably, too, the fate of the bill may depend upon

the earnestness and decision with which northern constituencies make

their sentiments known to their representatives, whether by petitions,

by private letters, or by public resolutions. Let every lover of

freedom do his best and his most.

Should the north fail, I have still one hope more. It is, that New

Mexico will do for herself what we shall have basely failed to do

for her. If both these hopes fail, our country is doomed to run its

unobstructed career of conquest, of despotism, and of infamy.

I have now, my fellow-citizens, given you my “Views and Opinions”

on the present crisis in our public affairs. Had I regarded my own

feelings, I should have spoken less at length; but the subject has

commanded me. I trust I have spoken respectfully towards those from

whom I dissent, while speaking my own sentiments justly and truly. I

have used no asperity; for all my emotions have been of grief, and not

of anger. My words have been cool as the telegraphic wires, while my

feelings have been like the lightning that runs through them. The idea

that Massachusetts should contribute or consent to the extension of

human slavery!--is it not enough, not merely to arouse the living from

their torpor, but the dead from their graves! Were I to help this, nay,

did I not oppose it with all the powers and faculties which God has

given me, I should see myriads of agonized faces glaring out upon me

from the future, more terrible than Duncan’s at Macbeth; and I would

rather feel an assassin’s poniard in my breast than forever hereafter

to see “the air-drawn dagger” of a guilty memory. In Massachusetts, the

great drama of the revolution began. Some of its heroes yet survive

amongst us. At Lexington, at Concord, and on Bunker Hill, the grass

still grows greener where the soil was fattened with the blood of our

fathers. If, in the providence of God, we must be vanquished in this

contest, let it be by force of the overmastering and inscrutable powers

above us, and not by our own base desertion.

I am, gentlemen, your much honored, obliged, and obedient servant,

HORACE MANN.

LETTER II.

TO THE EDITORS OF THE BOSTON ATLAS;

GENTLEMEN; Your semi-weekly of the 1st instant contains a letter of

the Hon. Daniel Webster, to certain citizens of Newburyport, in which

he has been pleased to refer to me, and particularly to a passage in

the letter which I addressed to a portion of my constituents, on the

3d of May last, [the preceding Letter.] His reference to me is of so

extraordinary a character, both as to manner and matter, that I wish

to reply. To prevent all chance of mistake, I quote the following

passages:--

“But, at the same time, nothing is more false than that such jury

trial is demanded in cases of this kind by the constitution, either

in its letter or in its spirit. The constitution declares that in all

criminal prosecutions there shall be a trial by jury. The claiming of

a fugitive slave is not a criminal prosecution.

“The constitution also declares that in suits at common law the trial

by jury shall be preserved; the reclaiming of a fugitive slave is not

a suit at the common law; and there is no other clause or sentence in

the constitution having the least bearing on the subject.

“I have seen a publication by Mr. Horace Mann, a member of Congress

from Massachusetts, in which I find this sentence. Speaking of the

bill before the Senate, he says: ‘This bill derides the trial by jury

secured by the constitution. A man may not lose his horse without a

right to this trial, but he may lose his freedom. Mr. Webster speaks

for the south and for slavery, not for the north and for freedom, when

he abandons this right.’ This personal vituperation does not annoy

me, but I lament to see a public man of Massachusetts so crude and

confused in his legal apprehensions, and so little acquainted with the

constitution of his country, as these opinions evince Mr. Mann to be.

His citation of a supposed case, as in point, if it have any analogy

to the matter, would prove that, if Mr. Mann’s horse stray into his

neighbor’s field, _he cannot lead him back without a previous trial

by jury to ascertain the right_. Truly, if what Mr. Mann says of the

provisions of the constitution in this publication be a test of his

accuracy in the understanding of that instrument, he would do well

not to seek to protect his peculiar notions under its sanction, but

to appeal at once, as others do, to that higher authority which sits

enthroned above the constitution and above the law.”

I must deny this charge of “personal vituperation;” nothing was further

from my thoughts; and I regret that Mr. Webster, while disclaiming

“annoyance” at what I said, should betray it. I believe every part

of my “Letter” to be within the bounds of courteous and respectful

discussion. There is nothing in it which might not pass between

gentlemen, without interrupting relations of civility or friendship.

Though full of regret at his novel position, and of dissent from his

unwonted doctrines, yet it abounds in proofs of deference to himself.

I must now, however, be permitted to add that the highest eminence

becomes unenviable when it breeds intolerance of dissent, or bars out

the humblest man from a free expression of opinion.

Mr. Webster “laments to see a public man of Massachusetts so crude and

confused in his legal apprehensions, and so little acquainted with the

constitution of his country, as these opinions evince Mr. Mann to be.”

Yet he points out no error of opinion. He specifies nothing as unsound.

Judgment and condemnation alone appear. He seems to have taken it for

granted that he had only to say I was guilty, and then proceed to

punish. I protest against and impugn this method of proceeding, by any

man, however high, against any man, however humble.

When Mr. Webster penned his “lamentations” over my crudeness,

confusion, and ignorance, he doubtless meant to deal me a mortal blow.

The blow was certainly heavy: but the question still remains, _whether

it hit_. Polyphemus struck hard blows, but his blindness left the

objects of his passions unharmed.

But wherein do those erroneous “opinions” consist, which Mr. Webster

does not deign to specify, but assumes to condemn? Fortunately, in

writing the sentence which he quotes for animadversion, I followed

the precise meaning of Judge Story, as laid down in his Commentaries;

and in regard to the only point which is open to a question, _I took

the exact words_ of that great jurist. He speaks of “the right of a

trial by jury, in civil cases,” as an existing right _before_ the

seventh article of amendment to the constitution, which _preserves this

right_ “in suits at common law,” had been adopted. (3 Comm., 628.)

Instead of transcribing Judge Story’s words, “in civil cases,” which

present no distinct image to common minds, I supposed the every-day

case of litigation respecting a horse, which is a “civil case;” and

this difference of form is the only difference between my language

and that of the learned judge. I can wish Mr. Webster no more fitting

retribution, after reposing from this ill-tempered attack upon me, than

to awake and find that it was Judge Story whom he had been maligning.

Does not the authority of Judge Blackstone also support my position? He

says,--

“Recapture or reprisal is another species of remedy, by the mere

act of the party injured.... But as the public peace is a superior

consideration to any one man’s private property; and as, if

individuals were once allowed to use private force as a remedy for

private injuries, all social justice must cease, the strong would give

law to the weak, and every man would revert to a state of nature; for

these reasons, it is provided that this natural right of recaption

shall never be exerted, where such exertion must occasion strife

and bodily contention, or endanger the peace of society. If, for

instance, my horse is taken away, and I find him in a common, a fair,

or a public inn, I may lawfully seize him to my own use; but I cannot

justify breaking open a private stable, _or entering on the grounds of

a third person, to take him_, should he be feloniously stolen; _but

must have recourse to an action at law_.”--_Comm._ 4, 5.

But the opinion expressed by me on this point does not need the

authority of any name to support it; and the illustration which I gave

is not only intelligible to every sensible man, but is also apposite.

I said “a man may not lose his horse, [i. e. his property in a horse,]

without a right to this trial.” Mr. Webster’s comment is, that this

case, “if it have any analogy to the matter,” means, that if a man’s

horse “_stray_ into his neighbor’s field, _he cannot lead him back

without a previous trial by jury to ascertain the right_.” Was ever the

plain meaning of a sentence more exactly changed about, end for end?

Mr. Webster may pitch somersets with his own doctrines, but he has no

right to pitch them with mine. I said a man may not _lose_ his horse,

or his property in a horse, without a right to the trial by jury. He

says I said, a man cannot _find_ or _retake_ a lost horse, without a

previous trial! _Dulce est desipere in loco._ Or, it is pleasant to see

a grave senator play upon words;--though there should be some wit to

redeem it from puerility.

But the childishness of this criticism is not its worst feature. What

is the great _truth_ which Mr. Webster and his apologists attempt here

to ridicule? It is this: While every man amongst us, in regard to any

piece of property worth more than twenty dollars, of which violence or

fraud may attempt to despoil him, has a right to a trial by jury; yet a

man’s freedom, and that of his posterity forever, may be wrested from

him, as our law now stands, without such a trial. Does not this hold a

man’s freedom to be of less value than twenty dollars? If two adverse

claimants contest title to an alleged slave, whose market value is more

than this sum, each is entitled to a jury to try the fact of ownership.

But if the alleged slave declares, here, in Massachusetts, that he owns

himself, he is debarred from this right. And this truth, or a common

illustration of it, Mr. Webster and his apologists think a suitable

topic for sneers or pleasantry! A French proverb says, that for a

man to kill his mother _is not in good taste_. I trust the moral and

religious people of Massachusetts have too much _good taste_ to relish

jokes on such a theme.

Again; I said that Mr. Butler’s bill “derides” the trial by jury.

By that bill every commissioner and clerk of a United States court,

every marshal and collector of the customs, and the seventeen

thousand postmasters of the United States, are severally invested

with jurisdiction and authority in all parts of the United States, to

deliver any man, woman, or child in the United States, into custody,

as a slave, on the strength of an _ex parte_ affidavit, made any where

in the United States. This affidavit may have been made a thousand

miles off, by no one knows whom, and certified to by a person who

never saw or heard of the individual named in it. A forged affidavit,

or a fictitious affidavit, would often answer the purpose as well;

for how difficult, and in many cases, how impossible, to prove its

spuriousness. Did oppression ever before conceive such a tribunal, so

countless in numbers, so ample in jurisdiction, so terrible in power?

Had a bill similar to this been proposed in the British Parliament,

from 1763 to 1776, what would our fathers have said of it? Yet this

bill, with some kindred amendments, heightening its features of

atrocity, Mr. Webster promised “to support, with all its provisions,

to the fullest extent.”

What aggravates the wrong, is, that the cruelties of the measure will

fall upon the poor, the helpless, the ignorant, the unfriended. The

bill would have been far less disgraceful, had its provisions borne

upon the men who should pass it; because, in such case, there would

have been a touch of equality. Now, if this bill does not “_deride_”

all guaranties for the protection of human liberty, it is only because

my word of reprobation is too weak. It is only because one needs “to

tear a leaf from the curse-book of Pandemonium” in order to describe it

by fitting epithets.

Another remarkable feature of Mr. Butler’s bill is, that it provides no

penalty whatever for any one who shall abuse, or fraudulently use, the

dangerous authority which it gives. It furnishes endless temptations

and facilities for committing wrong; it imposes no restraints; it warns

by no threats of retribution.

Mr. Webster calls me to account for some unspecified erroneous

“opinion,” expressed in relation to this bill. Can any opinion be so

false to the constitution, as this bill to humanity? I deprecate error

of all sorts; but hold it to be more venial to err in judgment than in

heart.

I said that in promising to support Mr. Butler’s bill, “with all its

provisions, to the fullest extent,” Mr. Webster “abandoned” the right

to a trial by jury. I spoke of him as a senator, as one who, with his

co-legislators, was bound, in fulfilment of his constitutional duty,

to secure this form of trial to the alleged slave, or to a known

freeman seized as a slave. Mr. Seward’s bill, providing for the trial

by jury, in such cases, was before him. He took no notice of it. He

passed by “on the other side,” while he bestowed his best encomium

on Mr. Butler’s bill, by promising to support it. Was not this an

“abandonment,” under any of the synonyms given in the dictionary?

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