CHAPTER XI.

ABOLITION

The Philosophy of Abolition--William Lloyd Garrison--The Civil Status

under the Constitution of 1787--Points at which Slavery Could be

Legally Attacked--Garrison's Methods--The Southampton Massacre--The

Attempt to Suppress the Abolition Movement at the North--Growth of the

Abolition Movement--The Methods of the Moderate Abolitionists--The

Abolition Petitions--The Earlier Method of Dealing with the

Petitions--Beginning of the Conflict over the Abolition Petitions--The

New Method for Dealing with Petitions in the House of

Representatives--True View of the Right of Petition--Mr. Polk's Fatal

Error in Regard to the Right of Petition--The Pinckney

Resolutions--The New Rule of the House of Representatives in Regard to

the Abolition Petitions--The Increase of Petitions, and the

Denunciation of the Pinckney Rule--The Final Denial of the Right of

Petition on the Subject of Slavery by the House of

Representatives--The Abolition Petitions in the Senate--Mr. Rives and

Mr. Calhoun in Regard to the Morality of Slavery--Mr. Calhoun's

Resolutions in Regard to the Political Relations of Slavery--The

Anti-Slavery Petition from the Vermont Legislature--The Abolition

Documents and the United States Mails--The Postmaster-General's Ruling

in Regard to the Abolition Documents in the Mails--Jackson on the Use

of the Mails by the Abolitionists--Mr. Calhoun's Report and Bill on

the Subject--Clay's Criticism of Calhoun's Proposition--The Act of

Congress Protecting the Abolition Documents in the Mails--General

Results of the Struggle over the Right of Petition and the Freedom of

the Mails.

[Sidenote: The ends of the state.]

When a state has fairly accomplished the primal end of establishing

its governmental system, its {243} public policy will be found to be

pursuing, in ultimate generalization, two great all-comprehending

purposes, namely, national development and universal human progress.

Rarely, if ever, will any state be found to have succeeded in so

balancing these two principal objects of its public policy as to make

the resultant of its two main lines of progress follow an unchanging

angle. At one period, the principle of national development will

prevail, even to the point of national exclusiveness; at another, an

enthusiastic humanism will almost threaten the existence of national

distinctions. But in all the convulsions of political history,

described as advance and reaction, the scientific student of history

is able to discover that the zigzags of progress are ever bearing in

the general direction which the combined impulses toward nationalism

and humanism compel.

[Sidenote: The purposes of the state, as seen in the history of the

United States.]

After the humanitarian outburst of the revolutionary period in the

latter part of the eighteenth century had expended its force, the

states of the world veered in their policies toward the line of

national development. The United States, which had been excessively

humanitarian during that period, both in its doctrine of rights and in

its policy, became, in the succeeding period, the first three decades

of the nineteenth century, more and more national in disposition and

in practice, until industrial exclusiveness and race domination

appeared, at the close of the period, to be the sole principles of the

policy of the country.

Had the two elements of this policy been equally, or almost equally,

sustained throughout the whole country, there is little question that

the human purpose, the world-purpose, as Hegel calls it, of state

existence, would have been ignored to a higher degree, and for a {244}

longer period, than it was. But curiously and fortunately, the race

domination in the South produced economic conditions which demanded

trade and commerce with the world, and which finally forced upon the

North the conviction that the cause of those conditions--race

domination, slavery--must be removed, in order to secure the

industrial interests of the North against the competition of the

world's markets. The destruction of that domination must proceed,

however, upon a humanitarian principle, namely, the right of man to

personal liberty. Thus it clearly appears that the two elements of the

national exclusiveness of the United States in 1830 were, in the

peculiar relation which finally obtained between them, preparing the

nation for a new advance in the direction of world intercourse and

human rights.

[Sidenote: The Revolution of 1830.]

In the summer of 1830 the wave of revolution rolled again over Europe.

The rights of man, the brotherhood of man, and the sovereignty of the

people, were the principles which pressed again to the front. While no

actual connection can be established between the Revolution of 1830 in

Europe and the rise of Abolition in the United States, yet they belong

to the same period of time, and harmonize in principle. The impulses

which move the human race, or those parts of the human race which

stand upon the same plane of civilization, are not broken by mountain

heights or broad seas. Their manifestations appear spontaneously and

coetaneously in widely separated places.

Before 1830, indeed, as we have so often seen, slavery in the United

States had been regarded as a grievous evil by most of the great

spirits of the age and country, and schemes for gradual emancipation

had been invented, and, in some slight degree, had been put into {245}

operation. It was, however, the humanitarian outburst of 1830, and the

succeeding years, which represented slavery as a sin and a crime

against the universal principle of human liberty and the rights of

man, a sin which called for immediate expiation by instantaneous,

unqualified, and uncompensated abolition.

[Sidenote: The philosophy of Abolition.]

There is nothing strange about the philosophy of Abolition. It is

simply the idealistic view of the beginning and the progress of human

history. It assumes liberty as the original state of man, condemns

every species of modification of liberty suffered by any human being,

or any class of human beings, as resulting from the unrighteous act of

some other human being, or class or race of human beings, and demands

the immediate discontinuance of the tyranny as the only approximately

adequate satisfaction which can be made to those who have suffered

that tyranny. It is the orthodox, paradisaical view of the origin,

unity, and primal perfection of the human race. It is the literal

interpretation of the Declaration of Independence. It is

thorough-going, radical humanitarianism. Its political principle, in

the language of its chief exponent, was: "The world our country, and

all mankind our countrymen."

Over against it stands the pessimistic view of man and of

civilization, which divides the human race into the few intelligent

and good, and the great mass of the ignorant and vicious, and

considers the permanent subjection of the latter to the former as the

divinely constituted, and therefore the permanent, order of the world.

And between the two lies the true historical view, which regards

liberty, equality, and brotherhood as the products of civilization, as

the final, not the primal, status of the human race, and determines

the character of every stage of development from barbarism to {246}

civilization, not by its distance from the perfect condition, but by

the fact of its advance upon, or its retrogression from, the stage

immediately antecedent.

The latter is, unquestionably, the true philosophy of history, but the

former has its uses as well as its abuses. It contains those forces of

mystical enthusiasm, self-sacrifice, and reckless disregard of

consequences so necessary, at times, to drag the world out of the ruts

of materialism and the love of peace. Such was its mission in the

fourth decade of the nineteenth century in American history.

[Sidenote: William Lloyd Garrison.]

If we must give a name, a date, and a place to the first open

appearance of a movement which was a product of the age, that name is

Garrison; the date, the beginning of the year 1831; and the place,

Boston. The character of William Lloyd Garrison, whether noble or

vulgar; his purposes, whether generous or selfish; and the motives

which impelled him, whether narrow and personal or grandly humane, are

not subjects for treatment in a work upon constitutional history.

Constitutional history has to do only with the doctrines of political

ethics and public jurisprudence which he formulated, and with the

means proposed by him, and those who thought and acted with him, for

their realization; and the historian does neither him nor them any

injustice in saying that, while those doctrines are to be justified

from the point of view of an extreme idealism, the means for their

realization, at first only indicated, but later boldly and rudely

expressed, were revolutionary, almost anarchic.

[Sidenote: The civil status under the Constitution of 1787.]

There is now certainly little question that the determination of the

civil status of all persons is, from an ethical point of view, a

matter of national concern, and that that status must be fixed, in

general principle, by a national act. There is just as little question

that {247} the denial of personal liberty to any human being of adult

years does not comport with the civilization of the nineteenth

century. In espousing these principles the Abolitionists were only

prophets ahead of their time, and must be accorded the honor which

belongs to such. On the other hand, it is entirely unquestionable that

the Constitution of the United States recognized to the Commonwealths,

respectively, the exclusive control of the civil status of persons

belonging within their several jurisdictions, and it is entirely

improbable that the Constitution of 1787 could ever have been

established without the guarantees, expressed and implied in it, of

such power to the Commonwealths. There is no question at all that the

slavery or freedom of the negro race within the several Commonwealths

was, under the Constitution of 1787, not only left, as it had been

before, a matter for each Commonwealth to determine for itself, but

that the exclusive power of determination in regard to it was

guaranteed by the Constitution to the several Commonwealths. The

Commonwealths in which slaveholding generally and extensively

prevailed regarded the guarantee as the principal consideration for

their assent to the "compact." The attempt to violate, or weaken, or

even to cast doubt upon, these guarantees appeared to them to be an

attack upon the fundamental covenants of the Union. The Constitution

might, indeed, be so amended as to withdraw these powers and

guarantees from the Commonwealths, by the regular procedure provided

in the Constitution itself; and the general Government was vested by

the Constitution with the general powers of exclusive government in

the Territories, the District of Columbia, and the places owned by the

United States within Commonwealths and used by the general Government

for {248} governmental purposes. But so long as the Constitution

remained what it was, there was no constitutional power in the general

Government to attack slavery in the Commonwealths; and the

slaveholders could certainly claim that, in the exercise of its powers

in the Territories, the District, and other places where those powers

were exclusive, the general Government should act fairly toward all

the members of the Union.

[Sidenote: Points at which slavery could be legally attacked.]

[Sidenote: Garrison's methods.]

Nevertheless, here were legal points of attack for the Abolitionists.

They might memorialize Congress for the abolition of slavery in the

Territories and in the District, and for the initiation of an

amendment which would abolish slavery in the Commonwealths or would

give Congress the power to do so, and they might appeal to the

legislatures of the Commonwealths to demand of Congress the calling of

a constitutional convention of the United States to initiate such an

amendment. But Garrison would have nothing to do with the

Constitution, or with existing legal methods. He denounced the

Constitution, "as a covenant with death and an agreement with hell,"

and declared that he wanted "no union with slaveholders." His violent

language, his repudiation of vested rights and constitutional

agreements, and his fanatical disregard of other men's opinions and

feelings, led the people both of the North and the South to believe

that his methods were incendiary and his morals loose; that he and his

co-workers were planning and plotting slave insurrection, and thereby

the wholesale massacre of slaveholders; and that he and they were

endeavoring to attain, through violence and anarchy, a leadership

which they could not otherwise reach.

[Sidenote: The Southampton massacre.]

In August of 1831, a slave insurrection broke out in Southampton

County, Va., under the leadership of a {249} negro named Nat Turner,

and more than sixty white persons, most of them women and children,

were massacred in cold blood. The Southerners said, no doubt believed,

that the insurrection was incited by the Abolitionists in the North.

Governor Floyd, of Virginia, declared, in his message to the

legislature upon the subject, that there was ample proof of it in the

documents accompanying the message. The great mass of the people at

the North believed the same thing. The Abolitionist historians assert,

on the contrary, that there was no connection between the work of the

Abolitionists and this event. We shall probably never know whether

there was or not. This much we can say, that the radical character of

the Abolition doctrines and the violence of the language in which they

were expressed--not so much before as after this event,

indeed--produced the universal feeling, both in the North and in the

South, that these doctrines and this event were in perfect harmony,

and that the latter might very naturally be the outcome of the former.

The moral sentiment of the North was not prepared for the destruction

of slavery by any such means. It considered these methods as

containing ten times more evil and barbarism than slavery itself. It

is just to say that what appeared to be the methods of the

Abolitionists were revolting to the moral feelings of all the decent

people of the North, and to ninety-nine one-hundredths of all the

people of the North, while the Southerners saw in them nothing but the

destruction of all law and order, the plunder of their property, the

burning of their firesides, and the massacre of their families. The

pronounced and determined manner in which the people of the North went

about the work of suppressing the agitation occasioned by the

Abolitionists is ample evidence to any sane mind that the indignation

of a {250} righteous conscience was fully aroused, and not the fury of

a guilty conscience.

[Sidenote: The attempt to suppress the Abolition movement at the

North.]

The details of the breaking up of the Abolition meetings and of the

destruction of the Abolition printing-presses by the citizens of the

Northern Commonwealths, as well as those of the Southampton massacre,

may be passed over, in a work like this, with a single remark that

only one person, the Rev. Mr. Lovejoy, was murdered in these

collisions; that this happened under circumstances of some

aggravation; and that, if the excitement at the South over the

massacre of sixty-one innocent persons was out of proportion with the

event, then not too much should be made out of the killing of a single

person, who was not entirely guiltless on his part of giving

provocation.

The things of importance to the student of constitutional history in

connection with these events are the increase of the Abolitionists in

number, their organization into societies, the dissatisfaction of the

Southerners with the unofficial, merely popular, way of dealing with

the agitation at the North, and their demands upon the governments of

the Northern Commonwealths to deal with the Abolitionists through the

processes of their criminal law.

So long as men only talk and write, it is the impulse of our

Anglo-Saxon character to place no further restraint upon them than the

law of slander and libel of private character imposes, no matter what

may be, or may be thought to be, the ultimate consequences of acting

according to what they may say or write. To deny this privilege to

anybody appears like a deprivation of the liberty of speech and of the

press, appears like persecution. There is no country in the world in

which the making of martyrs is an easier procedure than in {251} the

United States. Persecution is the soil in which new movements grow

best, no matter what may be the character of the movement.

[Sidenote: Growth of the Abolition movement.]

In a single year from the date of the first number of Garrison's

newspaper, _The Liberator_, that is, in January of 1832, the New

England Anti-slavery Society was formed, and in December of 1833 the

American Anti-slavery Society was organized, which soon established

branches in many quarters. The exaggerated demands of the Southerners,

that the Northern Commonwealths should forbid Abolition agitation by

law, thus identifying the interests of slavery with the denial of the

freedom of speaking and writing in the Northern Commonwealths, helped

greatly to swell the ranks of the Abolitionists, and to mollify public

opinion in the North against them.

[Sidenote: The methods of the moderate Abolitionists.]

The new Abolitionists were naturally of a more moderate type than

Garrison, and most of them would listen only to regular legal methods

for the accomplishment of their purposes. The quickening of the public

opinion in the North, the conviction of the slaveholders themselves of

the error, if not the sin, of slavery, and the appeal to the

Government to do all within its constitutional powers against slavery,

were the only means which many of them were willing to employ. Their

petitions to Congress, and the transmission of their literature of

Abolition to the Southerners through the United States mails, brought

the whole question of their rights and purposes before the Government,

and before the nation, for which that Government was bound to act with

impartial justice to all its parts.

[Sidenote: The Abolition petitions.]

Petitions for the abolition of slavery in the District of Columbia had

been sent to Congress, generally from {252} Quaker sources, almost

from the day that the capital of the country was established there,

but they were not numerous and were not pushed by any anti-slavery

organization. In the session of 1826-27, a petition from citizens of

Baltimore, probably instigated by Benjamin Lundy, was presented, which

contained the same prayer; and in the session of 1827-28, one of like

tenor from citizens of the District itself was presented. Such

petitions were usually read and referred to the committee on the

District. They were irritating to the slaveholders from the first, but

it was not until after the excitement of the Southampton massacre that

they were angrily resented as an interference with the domestic

institutions of the slaveholding Commonwealths.

It was in the session of 1831-32, that the first mutterings of the

petition storm were heard. On December 12th, 1831, Mr. John Quincy

Adams presented, in the House of Representatives, fifteen petitions

from sundry inhabitants of Pennsylvania, the chief prayer of all of

which was for the abolition of slavery in the District of Columbia.

Mr. Adams said that he would give no countenance to that prayer, but

that there was a prayer in the petitions for the abolition of the

slave-trade in the District, which, he thought, might properly be

considered, and he moved the reference of the petitions, for this

purpose, to the regular committee of the House for the District.

There was in this little to indicate the terrible earnestness which

Mr. Adams later displayed in behalf of the Abolition petitions. He

seemed at this time to be annoyed at being asked to present them, and

to feel that there were superior moral reasons why a slavery agitation

should not be excited within the halls of Congress. But all this was

soon to change. Mr. Adams's advance {253} toward radical Abolitionism

is as marked a feature of the struggle over the right of petition as

Mr. Calhoun's declaration of the righteousness of slavery.

[Sidenote: The earlier method of dealing with the petitions.]

The committee on the District reported, on December 19th, that as the

District was composed of cessions of territory from Maryland and

Virginia, it would, in the opinion of the members of the committee, be

unwise, if not unjust, for Congress to interfere in the question of

the relation of slave to master in the District, until Virginia and

Maryland should take steps to eradicate the evil from their respective

territories. This report seemed to settle the question for the

session, and no more petitions appeared in either House.

In the middle of the next session, Mr. Hiester, of Pennsylvania,

presented a petition to the House of Representatives from sundry

citizens of Pennsylvania praying for the abolition of slavery in the

District of Columbia. This was again a Quaker petition, as were the

petitions presented by Mr. Adams. Mr. Hiester moved to refer the

petition to the committee on the District, and Mr. Mason, of Virginia,

rashly called for the yeas and nays, which opened the question to

debate. Mr. Adams immediately pointed out this fact to Mr. Mason, and

advised him to withdraw his motion, which advice Mr. Mason wisely

adopted. The petition went to the Committee, and nothing further was

heard of it.

It was first in the session of 1833-34, that petitions for the

abolition of slavery in the District from others than Quakers,

presumably from the members of the new anti-slavery societies,

appeared in both Houses of Congress. Those presented in the Senate

were referred to the committee of the Senate for the District, and

nothing more was heard of them. Those presented in the House of

Representatives were dealt with in the same manner.

{254} It was not until the session of 1834-35, that the first real

note of the conflict was sounded. On January 26th, 1835, Mr. Dickson,

of New York, presented several petitions praying for the abolition of

the slave-trade and of slavery in the District. They were laid over

until February 2nd, when Mr. Dickson called them up, made a rather

irritating speech, in which he said that the committee on the District

had smothered all such petitions referred to it, and moved the

reference of those offered by him to a select committee.

Mr. Chinn, of Virginia, the chairman of the regular committee on the

District, resented Mr. Dickson's rude assault, and moved to lay the

petitions and Mr. Dickson's motion on the table. The House voted Mr.

Chinn's motion by a large majority.

[Sidenote: Beginning of the conflict over the Abolition petitions.]

At length, in the session of 1835-36, the storm broke in all its fury,

in both the Senate and the House. It began in the House, December

16th, 1835, upon the presentation of a petition, containing the usual

prayer in regard to slavery in the District, by Mr. Fairfield, of

Maine. Mr. Cramer, of New York, moved to lay the petition on the

table, and the motion was voted. Mr. Fairfield immediately presented

another petition of like purport, and himself moved that it be laid

upon the table. Mr. Boon, of Indiana, asked that the petition be read,

which was done. Thereupon Mr. Slade, of Vermont, moved that it be

printed. This meant, of course, that Mr. Slade was determined to have

the slavery question agitated in Congress, if he could. Upon him

rather than upon Mr. Adams rests the honor, or the blame, whichever it

may be, of provoking the excitement over the Abolition petitions, and

of upholding the right of petition in the most extreme degree.

The House first voted to lay the petition on the table. {255} The

Speaker, Mr. James K. Polk, then put Mr. Slade's motion to print.

Whereupon Mr. Slade attempted to debate the whole question of slavery

in the District under the motion. The Speaker ruled that the contents

of the petition could not be debated under the motion to print. Mr.

Vanderpoel, of New York, then moved to lay Mr. Slade's motion on the

table, and the House voted to do so by a large majority.

[Sidenote: Mr. Hammond's motion involving the denial of the right of

petition.]

Two days later the play was on again. Mr. Jackson, of Massachusetts,

presented a petition from sundry citizens of Massachusetts, containing

the usual prayer, and moved its reference to a select committee.

Whereupon Mr. Hammond, South Carolina, moved that the petition should

not be received. This was the ultra-Southern position in regard to the

anti-slavery petitions, and Mr. Hammond's enunciation of it in the

House antedates Mr. Calhoun's in the Senate by more than a fortnight.

The Constitution guarantees the right of the people to assemble

peaceably and petition the Government for redress of grievances. The

right to petition certainly includes the right to have the petitions

heard by the body petitioned. If the body refuses to receive the

petition, it prevents its being heard, and by preventing its being

heard it makes the right itself a mockery. On the other hand, the

Constitution vests in each House of Congress the power to make its own

rules of procedure. This power must, of course, be so used as not to

violate any other clause of the Constitution. Under this power,

however, each House may and should protect itself against all

obstacles thrown by outsiders in the way of the discharge of its

duties in legislating for the country. If any number of people

undertake, by an abuse of the right of petition, to obstruct the

legitimate work of the Congress for the whole people, each House {256}

certainly has the right to meet this attempt in any way which will not

deny the right of petition, the right of any one or any number of the

people to be heard in asking for a redress of grievances.

[Sidenote: The new method for dealing with petitions in the House of

Representatives.]

Down to 1834, the custom of procedure in Congress had been to receive,

hear, and refer all petitions. That was going one step farther than

was required by the constitutional right of petition; still it was the

regular course, and such men as Mr. Adams thought it unwise to depart

from the custom in the case of the Abolition petitions. At any rate,

Mr. Hammond's motion was a new proposition. The Speaker said that he

was "not aware that such a motion had ever been sustained by the

former practice of the House," and appeared to rule Mr. Hammond's

motion out of order. A confused wrangle ensued over the attitude

assumed by the Speaker, during which Mr. Hammond made a motion to

reject the petition, and the Speaker, becoming confused by the two

motions, the one not to receive, and the other to reject, and knowing

that the House could of course reject the prayer of a petition,

yielded to the representations of Mr. Hammond, and put Mr. Hammond's

motion not to _receive_ the petition to the House. The House voted not

to refuse to receive the petition, but the ruling of the Speaker in

putting the motion implied that the House possessed the power to

refuse to receive, that is, to refuse to hear, a petition. Another

confused wrangle ensued over the question whether the House had voted

merely not to refuse to receive the petition, or had voted to consider

its contents at once. After a day of heated debate and three days of

adjournment, during which excited feelings were somewhat calmed, the

House reversed all former action, and voted to lay the petition and

all the motions relating to it on the table.

{257} [Sidenote: True view of the right of petition.]

Another petition, which, during this wrangle had been inadvertently

referred to the committee on the District, was now recalled by a

motion to reconsider the vote of reference. It was upon this motion

that Mr. Adams made his first great appeal for the right of petition.

As we have seen, his view before this was that petitions must be

received, heard, and referred. In this speech, however, he indicated

that there should be a report from the committee, and a vote upon the

report. Mr. Jones, of Virginia, met Mr. Adams' assertions quite

successfully, and showed conclusively that, if the right of petition

should be interpreted to reach any farther than the right to have the

petition received and heard, it would so modify the constitutional

right of the House to establish its own rules of procedure as to put

it in the power of a few determined obstructionists outside the House,

acting with a single member of the House, to prevent the House from

doing anything but consider petitions upon a single subject,

sacrificing thus the interests of the whole people to the obstinacy of

a small number of the people.

[Sidenote: The power of Congress over slavery in the District of

Columbia.]

Mr. Jones' argument was so sound and rational that it would probably

have settled the minds of almost all of the members in regard to the

complicated questions of the right of petition, and the powers of the

House over its rules of procedure, had not Mr. Granger, of New York,

and Mr. Ingersoll, of Pennsylvania, thrown another firebrand into the

House during this debate, in the form of an intimation that Congress

had the constitutional power to abolish slavery in the District of

Columbia. The Southerners now advanced to the position of denying that

power to Congress, and Mr. Wise, of Virginia, in a long and violent

speech, demanded that Congress {258} should pass a resolution

disclaiming the possession of any such power. Mr. Slade immediately

accepted the challenge of Mr. Wise, and delivered an anti-slavery

speech in reply, such as had never before been heard upon the floors

of Congress. He not only vindicated the power of Congress over the

question of slavery in the District, but he discussed the whole

question of slavery upon its merits. His words were simply a

declaration of relentless war upon slavery in the halls of Congress.

They created indescribable consternation in all parts of the House,

and roused the resentment and anger of the slaveholders to a veritable

fury. In the midst of the confusion, Mr. Garland, of Virginia, gained

the Speaker's recognition, and made a good argument against some of

Mr. Slade's more radical statements. So soon as he had finished, Mr.

Mann, of New York, moved to stop the debate with the previous

question. This was voted, and the Speaker then put the motion for the

reconsideration of the reference of the petition, under which motion

this debate had proceeded. This was voted, and immediately the motion

was made to lay the recalled petition, with the reconsidered motion to

refer it, on the table. This was voted by a majority of more than two

to one.

Evidently the House thought that, in receiving and hearing the

petitions and then laying them on the table, it had found the solution

of the question, which neither violated the right of petition in the

people, nor encroached upon the power of the House over its rules of

procedure, nor opened the way for anti-slavery agitation in Congress.

[Sidenote: Mr. Polk's fatal error in regard to the right of petition.]

It would have been wise for the slaveholders to have left this

solution of the question undisturbed, but they did not see it so. On

January 4th, 1836, Mr. Adams presented a petition from sundry citizens

of {259} Massachusetts containing the usual prayer, and said that "in

conformity with the course heretofore adopted, he should move that the

petition, without reading, be laid on the table." Mr. Patton

interrupted Mr. Adams with an inquiry addressed to the Speaker as to

whether the petition had been received by the House, and the Speaker

replied that it had not. He said that, upon looking up the

authorities, he "had formed the opinion that the first question to be

decided, upon the motion of a member, was whether the petition be

received or not." The Speaker, Mr. Polk, had now come out of his

uncertainty about the right of petition including the reception of the

petition by the House, as a constitutional obligation, and now

definitely denied that the right of petition included the right to

have the petition received by the House. This was a fatal move, a

fatal mistake upon his part. The object professedly sought by all

parties, except such Abolitionists as Mr. Slade, was the prevention of

agitation upon the slavery question in the halls of Congress. Whether

all were sincere in this profession is questionable. It had been

insinuated that there were agitators upon this question from both

sections of the country, who were disingenuously claiming to be

classed with the maintainers of peace. It does really seem that the

innuendo was justified as to certain of the Southerners by the

position now assumed by Mr. Patton and Mr. Polk, and then by Mr.

Glascock, who, immediately after the ruling of the Speaker, moved that

this petition be not received. While Mr. Adams, who sincerely believed

that reference as well as reception was a necessary consequence of the

right of petition, had accommodated himself to the decision which the

House had made a fortnight before, these Southern gentlemen were now

proposing to drive the House from {260} the solid middle ground, then

occupied, toward a position which the majority considered to be an

encroachment upon the constitutional right of petition, a movement

upon their part which was certain, and known by all to be certain, to

provoke an excited debate upon the question of slavery. It may be that

they thought the refusal to receive one of these anti-slavery

petitions would prevent any more from being presented, and that it was

better to have it out once for all than to be continually receiving,

and listening to the reading of, these petitions. If so, they were

wofully mistaken.

[Sidenote: Mr. Adams' futile attempt to prevent slavery agitation in

Congress.]

Mr. Adams now made one more effort to preserve the Southerners against

the consequences of their own folly. He undertook to arrest the debate

by calling for the application of the forty-fifth rule of the House,

which required that no petition should be debated or decided on the

day of its presentation. But the Speaker now decided that this rule

could not apply to a petition until it had been received. The gates of

Janus were flung wide open, and the House went into an agitation upon

the subject, to which all that had gone before was only a prelude. The

struggle lasted for more than four months, during which period

petitions for the abolition of slavery in the District, signed by over

thirty thousand persons, were poured into the House. The slavery

question was at last brought before the people of the United States in

a way most highly satisfactory to the most radical Abolitionist, and

no matter what the immediate compromise upon the subject might be, it

was evident to all farseeing minds then that a death-blow had been

struck at slavery.

[Sidenote: The Pinckney resolutions.]

There is not space in this work to recount the scenes enacted on the

floor of the House during these four exciting months, or even to give

a resume of the debate. {261} The conflict was ended for the moment by

the adoption, on May 25th (1836), of a series of resolutions reported

by a committee appointed for the purpose, of which Mr. Pinckney, of

South Carolina, was the chairman. These resolutions provided: "That

Congress possesses no constitutional authority to interfere in any way

with the institution of slavery in any of the States of this

Confederacy; that Congress ought not to interfere with slavery in the

District of Columbia; and whereas it is extremely important and

desirable that the agitation of this subject should be finally

arrested, for the purpose of restoring tranquillity to the public

mind, ... that all petitions, memorials, propositions, or papers,

relating in any way, or to any extent whatsoever, to the subject of

slavery, or the abolition of slavery, shall, without being printed or

referred, be laid upon the table, and that no further action whatever

shall be had thereon."

[Sidenote: The new rule of the House of Representatives in regard to

the Abolition petitions.]

The solution thus reached by the House of the question of the power of

the House to control its procedure, over against the right of a number

of individuals to excite interminable discussions and paralyze the

business of the House by flooding it with petitions upon one and the

same subject, was the laying of all such petitions on the table _as a

rule of the House_.

Of course this rule must be readopted at the beginning of each

session, and a debate upon the readoption might be thus precipitated,

but, so long as a majority supported the rule, the previous question

could be voted after giving a reasonable opportunity to discuss the

question of readoption, and such discussion was then not likely to be

renewed during the session. It was possible also for petitions to be

{262} presented, at the beginning of the session, before the

readoption of the rule, and these could be disposed of only by a

special vote in each case to lay upon the table. There were thus still

opportunities for the Abolitionists to cause the House to resolve

itself into something more like a bear-garden than an assembly of

Witan, as was evident from the scenes which were enacted on February

6th, 1837, when Mr. Adams came into the House with a petition in

regard to slavery signed by some twenty slaves, and asked the Speaker

if it came under the rule for laying such petitions on the table.

Everybody supposed that the petition contained the usual prayer for

the abolition of slavery, and that the Abolitionists had incited the

slaves to the act. Mr. Adams allowed the excitement produced by this

supposition to rage for a time, and then coolly and derisively

informed the House that the prayer of the petition was not for

abolition but against it. The members now felt that Mr. Adams was

playing with the peace, order, and dignity of the House in a

scandalous way, and for several days the question of censuring him was

considered, but the matter was finally disposed of by a resolution

declaring: "That slaves do not possess the right of petition secured

to the people of the United States by the Constitution."

At the beginning of the next session, that of 1837-38, Mr. Slade

seized the opportunity to present an abolition petition before the

re-enactment of the Pinckney rule, and to provoke a debate on the

subject of slavery. He was substantially foiled, however, by a vote to

adjourn, and, upon reassembly, by a suspension of the rules and a

re-enactment of the resolution to lay everything in reference to

slavery on the table. This rule covered all matters relating to

slavery in the Territories as well as in the Commonwealths and the

District.

{263} [Sidenote: The increase of petitions, and the denunciation of

the Pinckney rule.]

The more the House did to discourage the petitions the more they

increased. In two years from the adoption of the Pinckney resolutions

the number of petitioners was tenfold greater than it was before their

enactment. At the same time the legislatures of the New England

Commonwealths were passing resolutions declaring the rule of the House

of Representatives in regard to the abolition petitions to be a

violation of the people's constitutional right, and also declaring

that Congress possessed the power to abolish slavery in the District

of Columbia.

[Sidenote: The final denial of the right of petition on the subject of

Slavery by the House of Representatives.]

To meet these demonstrations of increasing strength and increasing

determination on the part of the Abolitionists, the House not only

repeated its rule, but made it more stringent, until, at last,

irritated beyond measure at the persistence of the petitioners, it

took the fatal step, and, on January 8th, 1840, enacted as a standing

rule of the House: "That no petition, memorial, resolution, or other

paper, praying the abolition of slavery in the District of Columbia,

or any State or Territory, or the slave-trade between the States or

Territories of the United States in which it now exists, _shall be

received by this House, or entertained in any way whatever_."

At last the House had encroached upon the most essential part of the

right of petition, the right to have the petition heard. The moderate

men of the South and twenty-eight members from the North had given way

before the radical men of the South, and had fallen into the ranks

under their lead. The Southern radicals thought that they had won a

great victory, but it was not so. They had only identified the denial

of the right of petition with the interests of slavery. They {264} had

only demonstrated that slavery was a matter of national concern, since

its interests required that limitations should be placed upon the well

understood rights of the people in the non-slaveholding Commonwealths.

They only made it manifest that, sooner or later, the nation must deal

with the question. Their most violent enemies could not have wished

them a more disastrous result.

[Sidenote: The Abolition petitions in the Senate.]

The proceedings in the Senate in regard to the Abolition petitions

must be even more concisely stated. The course pursued and the result

reached were similar to what has been described in the account of the

experiences of the House. The Senate first received and heard the

petitions, and voted immediately to deny their prayer. Then, when it

became evident that this would not prevent anti-slavery agitation on

the floor of the Senate, the body adopted the custom of hearing a

motion not to receive a petition, and voting immediately to lay the

motion not to receive, and along with it the petition itself, on the

table. This practice was modified a little later, by a ruling of the

presiding officer, to the effect that an objection to the petition by

any member would raise the question of the reception of the petition

without a formal motion. Mr. Calhoun had contended for this method of

raising the question in regard to the reception of the petitions from

the beginning of the struggle over the subject, in January of 1836. He

seemed, however, to desire to dispose of them by simply voting not to

receive them. In fact, he made a motion to this effect, at the very

outset of the contest, but without success. While thus the Senate did

not formally adopt the practice finally reached in the House of

refusing to receive the petitions, it arrived at about the same result

in practice. It is true that the presiding officer of the Senate

allowed the petitions to be {265} read before putting the motion upon

their reception, which seems to have been an illogical practice

indeed, and that any member might move to call up the motion not to

receive, and with it the petition or petitions to which that motion

referred; but the reading before the motion not to receive, or before

the objection to receiving, was perfunctory, and there was no member

of the Senate who desired to call up the tabled petitions or persisted

in so doing. As a matter of fact, the public opinion which the

Abolitionists succeeded in creating in the North concerning the

attitude of the Senate toward the Abolition petitions was that the

Senate had done the same violence to the people's constitutional right

of petition that the House had done. It was held and believed

throughout the North, in 1840, that the Congress of the United States,

in both of its branches, had set the interests of slavery above the

liberties of the people of the North.

There were two incidents which happened during the course of the

proceedings in the Senate upon the subject to which brief reference

should be made. One was the noted passage of words between Mr. Calhoun

and Mr. Rives, of Virginia, in regard to the morality of slavery, and

the other was the petition from the legislature of Vermont for the

abolition of slavery in the District of Columbia.

[Sidenote: Mr. Rives and Mr. Calhoun in regard to the morality of

slavery.]

The Abolitionists had assumed to have the ethical principle entirely

upon their side, and this had not, down to 1836, been clearly disputed

by the slaveholders. The slaveholders had, themselves, as we have so

often seen, acknowledged slavery to be an evil, and had, therefore,

defended it chiefly from the point of view of positive law. Of course

so profound a thinker as Mr. Calhoun knew that positive law cannot

permanently withstand the {266} assaults of ethical principle. He knew

that the moral arguments against slavery must be met upon moral

grounds, as well as upon legal grounds. The discussion was carried

over upon ethical premises by the remark of Mr. Rives that he, though

a slaveholder, was not in favor of slavery in the abstract, and

differed on that point with the gentleman from South Carolina. Mr.

Calhoun immediately denied that he had expressed any opinion in regard

to the question of slavery in the abstract, and said he had spoken of

slavery only "as existing where two races of men, of different color,

and striking dissimilarity in conformation, habits, and a thousand

other particulars, were placed in immediate juxtaposition." Mr.

Calhoun elaborated his argument in many directions, but the gist of it

was that where a civilized race and a barbarous race, nearly equal

numerically, must live together, the civilized race must, in the

interests of the civilization of both races, control the barbarous

race, through the relation of the slavery of the latter to the former,

and that the only alternative to this would be the barbarizing of the

whole society by the uncontrolled deeds and passions of the barbarous

race, if the two races are left to themselves, or the establishment of

a barbaric despotism over the civilized race, if the barbaric race be

aided by successful interference from without. In contrast with either

of these conditions, Mr. Calhoun contended that the slavery of the

barbarous race to the civilized race was a moral good.

From a metaphysical point of view the only question between Mr. Rives

and Mr. Calhoun was whether every departure from the perfect good must

be considered an evil, or whether a nearer approximation to the

perfect good may be called a good in contrast with a lower

approximation. Mr. Rives was looking at the subject {267} from an

abstract, transcendental point of view, while Mr. Calhoun was

regarding it from the historical point of view. Mr. Rives was with the

Abolitionists upon the abstract principle, but against them as to the

time and means of applying it. Mr. Calhoun was not against the

Abolitionists upon the abstract principle, but the time of its

possible application appeared to him so far distant, and the

impropriety and unfairness of interference by outsiders in the matter

and the disastrous consequences which must flow from such interference

seemed to him so plain and so certain, that he almost lost sight of

the abstract height upon which the Abolitionists stood behind the many

intervening elevations, which must be first attained and traversed in

order to reach their position.

[Sidenote: The moral ground upon which Calhoun and the Abolitionists

could have met.]

There was a possible moral ground upon which Mr. Calhoun and the

Abolitionists might have met. Could the Abolitionists have conceived

that the existence of certain conditions would justify domestic

slavery as a relation which could _temporarily_ produce a better state

of morals in a particularly constituted society than any other

relation, that is, could they have taken the historical view of

ethics, the evolutionary view of morals, and could Mr. Calhoun have

seen that the time had come for a modification of the existing form of

negro slavery in the South, for a step toward a greater degree of

personal liberty for the slave, an approach between him and them might

have been, at least, begun; but their implacable dogmatism, and his

stern resentment at their persistent interference in what he thought

no concern of theirs, widened the gulf between him and them from day

to day. They regarded him as a sinner and a criminal because he held

persons to service and labor who had not freely agreed to the same,

and he {268} considered them to be greater sinners and criminals

because they would overturn the existing order of society in

communities where they had no personal interests to be affected, and

would introduce into these communities the reign of plunder, rapine,

and murder.

[Sidenote: Mr. Calhoun's resolutions in regard to the political

relations of slavery.]

When Mr. Calhoun saw that he could not bring the Senate to refuse

formally to receive the Abolition petitions, he undertook to bring the

Senate over to his views of the "States' sovereignty" character of the

Union, of the obligation of the general Government to protect slavery

in the slaveholding Commonwealths, of the ethical obligation of the

people of the non-slaveholding Commonwealths not to attack the

institution of slavery, and of the practical impotence of Congress to

deal with slavery in the District of Columbia and in the Territories.

He did not, however, succeed. The Senate did not repudiate his

"States' sovereignty" view of the Union, but, while it was willing to

say that neither the Northern Commonwealths nor the Northern people

had any legal right to attack slavery under moral or religious

pretexts, it would not say that they were under moral or religious

obligations to abstain from the attack. Neither would the Senate say

that the general Government must so exercise its powers as to give

increased security to slavery, nor that the general Government had no

power over the subject of slavery in the District and the Territories.

It modified these demands of Mr. Calhoun so as to make them read, that

the general Government should not so exercise its powers as to

interfere with the security of the domestic institutions of the

Commonwealths, and that the general Government ought not in good faith

to undertake to abolish slavery in the District or in the Territories,

except under certain conditions.

{269} [Sidenote: The anti-slavery petition from the Vermont

legislature.]

The immediate occasion of the presentation of these resolutions of

December 27th, 1837, by Mr. Calhoun, was probably the other incident

to which reference has been made, the introduction, by Senator Swift,

of Vermont, of a petition from the legislature of Vermont praying for

the abolition of slavery in the District of Columbia. This shaft had

struck Mr. Calhoun in his most vulnerable part. Here was, according to

his own doctrine, a "sovereign State" instructing its governmental

agent for general affairs. Could that agent refuse to receive the

instructions of one of his principals? There certainly was no

precedent for any such procedure as that in any system of

jurisprudence known to the world. Mr. Calhoun recognized fully the

embarrassment of his position. He begged that the communication from

the Vermont legislature might lay upon the table until he could

prepare his mind for action upon the subject, and pledged himself to

call it up very shortly, if no one else should do so. Mr. Swift helped

the Senate, and Mr. Calhoun especially, out of the dilemma by

withdrawing the petition for the time being. This incident occurred on

December 19th.

Mr. Swift assumed that Mr. Calhoun's resolutions of the 27th contained

the results of his preparation of mind to meet the Vermont memorial,

and after the consideration of them by the Senate, Mr. Swift

reintroduced the memorial on January 16th (1838). The Southerners had

been thrown into such confusion by the _coup de surprise_ sprung upon

them by the Vermonters that they had not been able to agree upon any

plan for meeting the exigency. Some of them denounced the action of

the Vermont legislature as incendiary, outrageous, and degrading. Mr.

King gave his "States' sovereignty" creed entirely away in saying: "We

{270} defend the legitimate rights of the States, but we do not defend

a sovereign State when she asserts calumny and falsehood."

Mr. Calhoun was measured in his language, but evidently greatly

disturbed in mind. He said that as a "States' rights" man, in the

strongest sense, he believed that the "State" of Vermont had a right

to come there and be heard; that, on the best reflection he could give

to the matter, he could not vote against receiving the petition; but

that, on the other hand, he considered the language of the memorial so

objectionable that he could not vote to receive it.

It does seem as if this incident should have taught Mr. Calhoun the

fallacy of his logic in insisting upon the power of the Senate to

refuse to receive a petition. Here was a case in which his doctrine of

parliamentary procedure had absolutely broken down, according to his

own acknowledgment. Mr. Strange, of North Carolina, committed the

folly of objecting to the reception of the petition, and moving that

the question of reception, and with it the petition, be laid on the

table. The motion was defeated by a vote of twenty-six to twelve. The

memorial was received and the debate upon it was in order. The

Southerners were helpless, and had not Mr. Swift himself come to their

rescue, no man can say what would have happened. Mr. Swift moved that

the papers from the Vermont legislature be laid upon the table,

without being printed. They had accomplished their immediate purpose,

and it was wise as well as patriotic to let them rest in dignity and

honor.

[Sidenote: The Abolition documents and the United States mails.]

The Abolitionists were more successful in their attempt to use the

United States mails for the distribution of their literature

throughout the South. During the course of the year 1835, it became

known that {271} their opinions and doctrines were being disseminated

by this means. The Southerners considered these opinions to be

incendiary and dangerous to the peace and safety of their communities

and their firesides. They thought that they had the legal right to

prevent the delivery of such mail matter in their respective

communities. They did not wait, however, to deal with the subject

through legal forms. On the night of July 29th, 1835, a mob of

respectables broke into the post-office at Charleston, S. C., in

search of Abolition documents. They found a sack full of them, took it

away with them, and publicly burned its contents. On August 4th

following, a meeting of the citizens took place, at which a committee

of public safety was elected, which should, in understanding with the

postmaster, determine what mail matter should not be delivered by him

to the addressees. The postmaster apparently acquiesced in this

arrangement, but he wrote, upon his own responsibility, a letter to

the postmaster of New York City, whence the Abolition pamphlets had

come, requesting him not to forward any more such documents. The

postmaster at New York endeavored to induce the Abolitionists not to

put any more of their literature into the mails until he could receive

instructions from the Postmaster-General at Washington in regard to

the question; and when the Abolitionists repelled his request, he

refused to forward their documents, pending his conference with the

Postmaster-General.

[Sidenote: The Postmaster-General's ruling in regard to the Abolition

documents in the mails.]

The Postmaster-General, Mr. Amos Kendall, one of the shrewdest of

politicians, though no great constitutional lawyer, answered the

appeal from the postmaster at New York immediately. He instructed his

subordinate that the executive power of the Government had no legal

authority to exclude mail matter, as defined by {272} Congress, from

the mails on account of the character of its contents, real or

supposed. If Mr. Kendall had stopped with this he would have been

entirely correct; but he went on to say that he would not direct the

postmaster at New York to forward the Abolition documents or the

postmaster at Charleston to deliver them, commended their assumption

of the responsibility of withholding them from the addressees, and

declared that the United States officials owed an obligation to the

laws of the United States, but a higher one to the communities in

which they lived. Mr. Kendall probably meant this part of his

communication as the advice of one private citizen to another. Looked

at in the most charitable light possible, however, it was

unjustifiable and pernicious. It was nothing less than an

encouragement to his subordinates to suspend the execution of the laws

which they were appointed to execute and sworn to execute, when in

their several opinions the welfare of the communities in which they

might live should require it. This was nullification, not by a "State"

convention, but by an individual United States officer. How the

President, who had always so sternly denounced any attempt to prevent

the execution of the laws, could approve this is difficult to

understand. His indignation at the Abolitionists in persisting in what

he considered an abuse of the freedom of the mails probably blinded

him to the real significance of the matter.

[Sidenote: Jackson on the use of the mails by the Abolitionists.]

In his message of the following December, the President denounced the

methods of the Abolitionists in sending their incendiary literature

into the South as calculated and intended to excite a servile war with

all its horrors, and recommended Congress to pass a law prohibiting,

"under severe penalties, the circulation in the Southern States, {273}

through the mail, of incendiary publications intended to instigate the

slaves to insurrection."

Mr. Calhoun himself moved the reference of this part of the

President's message to a select committee in the Senate. Mr. Calhoun

was appointed the chairman of the committee, and on February 4th,

1836, he brought in a report and a bill.

[Sidenote: Mr. Calhoun's report and bill on the subject.]

In the report Mr. Calhoun took the ground that the freedom of the

mails was a necessary part of the freedom of the press, and argued

that, as Congress was prohibited by the first amendment to the

Constitution from passing any law abridging the freedom of the press,

so Congress possessed no power to pass any law excluding mail matter

from the mails on account of the character of its contents or

authorizing such matter to be withheld from the addressees. Mr.

Calhoun's conclusion was that only the "States" could make such laws

as would effect these things. He proposed in his bill, therefore, that

no deputy postmaster in any "State," Territory, or district of the

Union should knowingly receive and put into the mail any printed or

written paper or pictorial representation touching the subject of

slavery, addressed to a person or a post-office within any "State,"

Territory, or district in which the circulation of such papers and

representations was forbidden by the local laws; that the officers and

agents of the Post-Office Department should co-operate with the local

officials in preventing the circulation of such papers and

representations where their circulation was prohibited by the local

laws; that the matter so detained from transmission by a post-office

official should be burned, after one month's notice, if the person

depositing the same should not claim it within that period; and that

the post-office officials who should violate these duties should not

be {274} protected by the laws of the United States against the

jurisdiction of the local law and government.

[Sidenote: Clay's criticism of Calhoun's proposition.]

Mr. Clay immediately pointed out the fatal weaknesses of this

proposition. He argued that it attributed to Congress either the power

to adopt the laws of the "States" upon subjects in regard to which

Congress itself had not the power to legislate, or the power to pass

laws in execution of laws which it had no power to make. The argument

was unanswerable, and the conclusion was unavoidable that if Congress

could not itself pass a law excluding the Abolition papers and

documents from the mail, or forbidding their delivery to the

addressees, it could not enact Mr. Calhoun's proposition. After four

months of deliberation the Senate rejected the proposed bill by a vote

of twenty-five to nineteen. Mr. Calhoun thus lost the aid of the

general Government in his contest with the Abolitionists over the use

of the mails chiefly through his exaggerated "States' rights"

doctrine.

[Sidenote: The act of Congress protecting the Abolition documents in

the mails.]

Encouraged by this victory, the friends of free mails succeeded in

having a provision incorporated into the Act of July 2nd, 1836, for

changing the organization of the Post-Office Department, which ordains

that any postmaster intentionally detaining any mail matter from the

addressees shall be fined and imprisoned, and incapacitated to hold

thereafter the office of a postmaster in the United States.

[Sidenote: General results of the struggle over the right of petition

and the freedom of the mails.]

It would not be extravagant to say that the whole course of the

internal history of the United States from 1836 to 1861 was more

largely determined by the struggle in Congress over the Abolition

petitions and the use of the mails for the distribution of the

Abolition literature than by anything else.

{275} In the first place, it did more than anything else to make a

political party out of the Abolitionists, through the conviction which

it produced throughout the North that the demands of the slavery

system in the South would ultimately destroy civil and political

liberty in the North, and it increased the strength of the

Abolitionists an hundredfold in less than four years. The development

and ultimate triumph of this party in the North became inevitable from

the moment that it was clearly recognized that the preservation of

slavery at the South required and demanded the denial of the freedom

of speech and of the press, and of the right of petition, to the

people of the North.

In the second place, it taught the South that there was a growing

party in the North which was determined to attack slavery at every

possible legal point, and prosecute its warfare at every hazard, and

that the only safety for the South, with its slavery system, in the

Union, was to hold at least equal power in the Congress with the

representation from the North. In self-defence the South must secure,

therefore, the formation of new slaveholding Commonwealths. At the

moment the representation in the Senate was evenly balanced, but in

the House it stood against the South, one hundred and forty-one to

ninety-nine. One more non-slaveholding Commonwealth, without an offset

on the other side, would destroy the balance in the Senate and enable

the North to undertake legislation hostile to slavery. The extension

of slavery to new Commonwealths was thus manifestly a necessity to its

permanent security, and even continuance, in the Commonwealths where

it already existed. The policy of the slaveholders must be to allow no

new non-slaveholding Commonwealth to be formed without another

slaveholding Commonwealth to match it, and to secure the {276}

extension of the territory of the United States toward the South.

In the third place, it aroused the apprehension of slave insurrection,

by Abolition incitement, throughout the South, and caused thereby two

marked movements in the South, the one legal and the other social. The

first was the legislation sharpening and increasing the police power

of the public authorities over the slaves, for the purpose of

preventing the access of the Abolition doctrines to their minds, and

of preventing communication and intercourse between strangers and

slaves, and between the slaves themselves. The control of the slave by

the master was thus more and more interfered with by the public

authorities, for the purpose indeed of aiding the master, which,

however, did not alter the fact that from being primarily for the most

part a household affair, slavery was becoming more and more an affair

of the community. This meant no improvement to the condition of the

slave; quite the contrary. The intervention of the whites in the South

who owned no slaves in the control of the slaves marks an increase of

rigor in the treatment of the slaves. In fact much of the cruelty

inflicted upon the slaves during the twenty years between 1840 and

1860 was executed by non-slaveholders, by virtue of the increased

control assumed by the public authorities over the relation between

master and slave, through the local legislation of that period. The

other movement was toward the development of a military caste in the

society. The slaveholders, and especially the sons of the

slaveholders, now began to understand that they must unite in military

organization and make themselves the exclusive military class. The

spirit of chivalry and the practices of knighthood were largely

developed during this period, with both their good and their bad

consequences. On the one side they produced {277} a high-toned society

of proud, noble women, and courtly, haughty men, among the

slaveholders. On the other, they degraded all other classes, both

white and black. In fact they degraded the poor whites more than they

did the blacks. The blacks felt, and were proud of, the increased

importance of their masters. And, naturally, this spirit and life

among the slaveholding class made the generation which grew up under

them eager for adventure and war, intensely tenacious of rights,

sensitive to every only apparent discourtesy, and resentful of every

semblance of interference from without. The War with Mexico, the

filibustering expeditions, and the Civil War itself, were all national

consequences of the social development in the South after 1836.

{278}

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