This comes with an ill grace from Maryland and Virginia. They _knew_ the

constitution. They were parties to it. They had sifted it, clause by

clause, in their State conventions. They had weighed its words in the

balance--they had tested them as by fire; and finally, after long

pondering, they _adopted_ the constitution. And _afterward_, self-moved,

they ceded the ten miles square, and declared the cession made "in

pursuance of" that oft-cited clause, "Congress shall have power to

exercise exclusive legalisation in all cases whatsoever over such

District," &c. And now verily "they would not have ceded if they had

_supposed_!" &c. Cede it they _did_, and "in full and absolute right

both of soil and persons." Congress accepted the cession--state power

over the District ceased, and congressional power over it commenced--and

now, the sole question to be settled is, _the amount of power over the

District, lodged in Congress by the constitution_. The constitution--the

CONSTITUTION--that is the point. Maryland and Virginia "suppositions"

must be potent suppositions, to abrogate a clause in the United States

Constitution! That clause either gives Congress power to abolish slavery

in the District, or it does _not_--and that point is to be settled, not

by state "suppositions," nor state usages, nor state legislation, but

_by the terms of the clause themselves_.

Southern members of Congress, in the recent discussions, have conceded

the power of a contingent abolition in the District, by suspending it

upon the consent of the people. Such a doctrine from _declaimers_ like

Messrs. Alford, of Georgia, and Walker, of Mississippi, would excite no

surprise; but that it should be honored with the endorsement of such men

as Mr. Rives and Mr. Calhoun, is quite unaccountable. Are attributes of

_sovereignty_ mere creatures of _contingency_? Is delegated _authority_

mere conditional _permission_? Is a _constitutional power_ to be

exercised by those who hold it, only by popular _sufferance_? Must it

lie helpless at the pool of public sentiment, waiting the gracious

troubling of its waters? Is it a lifeless corpse, save only when popular

"consent" deigns to put breath into its nostrils? Besides, if the

consent of the people of the District be necessary, the consent of the

_whole_ people must be had--not that of a majority, however large.

Majorities, to be authoritative, must be _legal_--and a legal majority

without legislative power, right of representation, or even the

electoral franchise, would be an anomaly. In the District of Columbia,

such a thing as a majority in a legal sense is unknown to law. To talk

of the power of a majority, or the will of a majority there, is mere

mouthing. A majority? Then it has an authoritative will--and an organ to

make it known--and an executive to carry it into effect--Where are they?

We repeat it--if the consent of the people of the District be necessary,

the consent of _every one_ is necessary--and _universal_ consent will

come only with the Greek Kalends and a "perpetual motion." A single

individual might thus perpetuate slavery in defiance of the expressed

will of a whole people. The most common form of this fallacy is given by

Mr. Wise, of Virginia, in his speech, February 16, 1835, in which he

denied the power of Congress to abolish slavery in the District, unless

the inhabitants owning slaves petitioned for it!! Southern members of

Congress at the present session ring changes almost daily upon the same

fallacy. What! pray Congress _to use_ a power which it _has not_? "It is

required of a man according to what he _hath_," saith the Scripture. I

commend Mr. Wise to Paul for his ethics. Would that he had got his

_logic_ of him! If Congress does not possess the power, why taunt it

with its weakness, by asking its exercise? Why mock it by demanding

impossibilities? Petitioning, according to Mr. Wise, is, in matters of

legislation, omnipotence itself; the very source of all constitutional

power; for, _asking_ Congress to do what it _cannot_ do, gives it the

power--to pray the exercise of a power that is _not, creates_ it. A

beautiful theory! Let us work it both ways. If to petition for the

exercise of a power that is _not_, creates it--to petition against the

exercise of a power that _is_, annihilates it. As southern gentlemen are

partial to summary processes, pray, sirs, try the virtue of your own

recipe on "exclusive legislation in all cases whatsoever;" a better

subject for experiment and test of the prescription could not be had.

But if the petitions of the citizens of the District give Congress the

_right_ to abolish slavery, they impose the _duty_; if they confer

constitutional authority, they create constitutional obligation. If

Congress _may_ abolish because of an expression of their will, it _must_

abolish at the bidding of that will. If the people of the District are a

_source of power_ to Congress, their _expressed will_ has the force of a

constitutional provision, and has the same binding power upon the

National Legislature. To make Congress dependent on the District for

authority, is to make it a _subject_ of its authority, restraining the

exercise of its own discretion, and sinking it into a mere organ of the

District's will. We proceed to another objection.

"The southern states would not have ratified the constitution, if they

had supposed that it gave this power." It is a sufficient answer to this

objection, that the northern states would not have ratified it, if they

had supposed that it _withheld_ the power. If "suppositions" are to take

the place of the constitution--coming from both sides, they neutralize

each other. To argue a constitutional question by _guessing_ at the

"suppositions" that might have been made by the parties to it, would

find small favor in a court of law. But even a desperate shift is some

easement when sorely pushed. If this question is to be settled by

"suppositions," suppositions shall be forth coming, and that without

stint.

First, then, I affirm that the North ratified the constitution,

"supposing" that slavery had begun to wax old, and would speedily vanish

away, and especially that the abolition of the slave trade, which by the

constitution was to be surrendered to Congress after twenty years, would

cast it headlong.

Would the North have adopted the constitution, giving three-fifths of

the "slave property" a representation, if it has "supposed" that the

slaves would have increased from half a million to two millions and a

half by 1838--and that the census of 1840 would give to the slave

states, 30 representatives of "slave property?"

If they had "supposed" that this representation would have controlled

the legislation of the government, and carried against the North every

question vital to its interests, would Alexander Hamilton, Benjamin

Franklin, Roger Sherman, Elbridge Gerry, William Livingston, John

Langdon, and Rufus King have been such madmen, as to sign the

constitution, and the Northern States such suicides as to ratify it?

Every self-preserving instinct would have shrieked at such an infatuate

immolation. At the adoption of the United States constitution, slavery

was regarded as a fast waning system. This conviction was universal.

Washington, Jefferson, Patrick Henry, Grayson, St. George Tucker,

Madison, Wythe, Pendleton, Lee, Blair, Mason, Page, Parker, Edmund

Randolph, Iredell, Spaight, Ramsey, William Pinckney, Luther Martin,

James McHenry, Samuel Chase, and nearly all the illustrious names south

of the Potomac, proclaimed it before the sun, that the days of slavery

were beginning to be numbered. A reason urged in the convention that

formed the United States constitution, why the word slave should not be

used in it, was, that _when slavery should cease_ there might remain

upon the National Charter no record that it had even been. (See speech

of Mr. Burrill, of R.I., on the Missouri question.)

I now proceed to show by testimony, that at the date of the United

States constitution, and for several years before and after that period,

slavery was rapidly on the wane; that the American Revolution with the

great events preceding accompanying, and following it, had wrought an

immense and almost universal change in the public sentiment of the

nation of the subject, powerfully impelling it toward the entire

abolition of the system--and that it was the _general belief_ that

measures for its abolition throughout the Union, would be commenced by

the individual States generally before the lapse of many years. A great

mass of testimony establishing this position is at hand and might be

presented, but narrow space, little time, the patience of readers, and

the importance of speedy publication, counsel brevity. Let the following

proofs suffice. First, a few dates as points of observation.

The first _general_ Congress met in 1774. The revolutionary war

commenced in '75. Independence was declared in '76. The articles of

confederacy were adopted by the thirteen states in '78. Independence

acknowledged in '83. The convention for forming the U.S. constitution

was held in '87, the state conventions for considering it in '87, and

'88. The first Congress under the constitution in '89.

Dr. Rush, of Pennsylvania, one of the signers of the Declaration of

Independence, in a letter to the celebrated Granville Sharpe, May 1,

1773, says: "A spirit of humanity and religion begins to awaken in

several of the colonies in favor of the poor negroes. The clergy begin

to bear a public testimony against this violation of the laws of nature

and christianity. Great events have been brought about by small

beginnings. _Anthony Benezet stood alone a few years ago in opposing

negro slavery in Philadelphia_, and NOW THREE-FOURTHS OF THE PROVINCE AS

WELL AS OF THE CITY CRY OUT AGAINST IT."--(Stuart's Life of Sharpe, p.

21.)

In the preamble to the act prohibiting the importation of slaves into

Rhode Island, June 1774, is the following: "Whereas, the inhabitants of

America are generally engaged in the preservation of their own rights

and liberties, among which that of personal freedom must be considered

the greatest, and as those who are desirous of enjoying all the

advantages of liberty themselves, _should be willing to extend personal

liberty to others_, therefore," &c.

October 20, 1774, the Continental Congress passed the following: "We,

for ourselves and the inhabitants of the several colonies whom we

represent, _firmly agree and associate under the sacred ties of virtue,

honor, and love of our country_, as follows:

"2d Article. _We will neither import nor purchase any slaves imported_

after the first day of December next, after which time we will _wholly

discontinue_ the slave trade, and we will neither be concerned in it

ourselves, nor will we hire our vessels, nor sell our commodities or

manufactures to those who are concerned in it."

The Continental Congress, in 1775, setting forth the causes and the

necessity for taking up arms, say: "_If it were possible_ for men who

exercise their reason to believe that the Divine Author of our existence

intended a part of the human race _to hold an absolute property in_, and

_unbounded power over others_, marked out by infinite goodness and

wisdom as objects of a legal domination, never rightfully resistible,

however severe and oppressive, the inhabitants of these colonies might

at least require from the Parliament of Great Britain some evidence that

this dreadful authority over them has been granted to that body."

In 1776, the celebrated Dr. Hopkins, then at the head of New England

divines, published a pamphlet entitled, "An Address to the owners of

negro slaves in the American colonies," from which the following is an

extract: "The conviction of the unjustifiableness of this practice

(slavery) has been _increasing_, and _greatly spreading of late_, and

_many_ who have had slaves, have found themselves so unable to justify

their own conduct in holding them in bondage, as to be induced to _set

them at liberty_. May this conviction soon reach every owner of slaves

in _North America!_ Slavery is, _in every instance_, wrong, unrighteous,

and oppressive--a very great and crying sin--_there being nothing of the

kind equal to it on the face of the earth._"

The same year the American Congress issued a solemn MANIFESTO to the

world. These were its first words: "We hold these truths to be

self-evident, that _all_ men are created equal, that they are endowed by

their Creator with certain inalienable rights; that among these are

life, liberty, and the pursuit of happiness." _Once_, these were words

of power; _now_, "a rhetorical flourish."

The celebrated Patrick Henry of Virginia, in a letter, of Jan. 18, 1773,

to Robert Pleasants, afterwards president of the Virginia Abolition

Society, says: "Believe me, I shall honor the Quakers for their noble

efforts to abolish slavery. It is a debt we owe to the purity of our

religion to show that it is at variance with that law that warrants

slavery. I exhort you to persevere in so worthy a resolution."

In 1779, the Continental Congress ordered a pamphlet to be published,

entitled, "Observations on the American Revolution," from which the

following is an extract: "The great principle (of government) is and

ever will remain in force, _that men are by nature free_; as accountable

to him that made them, they must be so; and so long as we have any idea

of divine _justice_, we must associate that of _human freedom_. Whether

men can part with their liberty, is among the questions which have

exercised the ablest writers; but it is _conceded on all hands, that the

right to be free_ CAN NEVER BE ALIENATED--still less is it practicable

for one generation to mortgage the privileges of another."

Extract from the Pennsylvania act for the Abolition of Slavery, passed

March 1, 1780: * * * "We conceive that it is our duty, and we

rejoice that it is in our power, to extend a portion of that freedom to

others which has been extended to us. Weaned by a long course of

experience from those narrow prejudices and partialities we have

imbibed, we find our hearts enlarged with kindness and benevolence

towards men of all conditions and nations: * * * Therefore be it

enacted, that no child born hereafter be a slave," &c.

Jefferson, in his Notes on Virginia, written just before the close of

the Revolutionary War, says: "I think a change already perceptible since

the origin of the present revolution. The spirit of the master is

abating, that of the slave is rising from the dust, his condition

mollifying, _the way I hope preparing under the auspices of heaven_, FOR

A TOTAL EMANCIPATION, and that this is disposed, in the order of events,

to be with the consent of the masters, rather than by their

extirpation."

In a letter to Dr. Price, of London, who had just published a pamphlet

in favor of the abolition of slavery, Mr. Jefferson, then Minister at

Paris, (August 7, 1785,) says: "From the mouth to the head of the

Chesapeake, _the bulk of the people will approve of your pamphlet in

theory_, and it will find a respectable minority ready to _adopt it in

practice_--a minority which, for weight and worth of character,

_preponderates against the greater number_." Speaking of Virginia, he

says: "This is the next state to which we may turn our eyes for the

interesting spectacle of justice in conflict with avarice and

oppression,--a conflict in which THE SACRED SIDE IS GAINING DAILY

RECRUITS. Be not, therefore discouraged--what you have written will do a

_great deal of good_; and could you still trouble yourself with our

welfare, no man is more able to give aid to the laboring side. The

College of William and Mary, in Williamsburg, since the remodelling of

its plan, is the place where are collected together all the young men of

Virginia, under preparation for public life. They are there under the

direction (most of them) of a Mr. Wythe, one of the most virtuous of

characters, and _whose sentiments on the subject of slavery are

unequivocal_. I am satisfied, if you could resolve to address an

exhortation to those young men with all the eloquence of which you are

master that _its influence on the future decision of this important

question would be great, perhaps decisive_. Thus, you see, that so far

from thinking you have cause to repent of what you have done, _I wish

you to do more, and wish it on an assurance of its

effect_."--Jefferson's Posthumous Works, vol. 1, p. 268.

In 1786, John jay, afterward Chief Justice of the United States, drafted

and signed a petition to the Legislature of New York, on the subject of

slavery, beginning with these words:

"Your memorialists being deeply affected by the situation of those, who,

although FREE BY THE LAWS OF GOD, are held in slavery by the laws of the

State," &c.

This memorial bore also the signature of the celebrated Alexander

Hamilton; Robert R. Livingston, afterward Secretary of Foreign Affairs

of the United States, and Chancellor of the State of New York; James

Duane, Mayor of the City of New York, and many others of the most

eminent individuals in the State.

In the preamble of an instrument, by which Mr. Jay emancipated a slave

in 1784, is the following passage:

"Whereas, the children of men are by nature equally free, and cannot,

without injustice, be either reduced to or HELD in slavery."

In his letter while Minister at Spain, in 1786, he says, speaking of the

abolition of slavery: "Till America comes into this measure, her prayers

to heaven will be IMPIOUS. This is a strong expression, but it is just.

I believe God governs the world; and I believe it to be a maxim in his,

as in our court, that those who ask for equity _ought to do it_."

In 1785, the New York Manumission Society was formed. John Jay was

chosen its first President, and held the office five years. Alexander

Hamilton was its second President, and after holding the office one

year, resigned upon his removal to Philadelphia as Secretary of the

United States' Treasury. In 1787, the Pennsylvania Abolition Society was

formed. Benjamin Franklin, warm from the discussions of the convention

that formed the United States constitution, was chosen President, and

Benjamin Rush, Secretary--both signers of the Declaration of

Independence. In 1789, the Maryland Abolition Society was formed. Among

its officers were Samuel Chace, Judge of the United States Supreme

Court, and Luther Martin, a member of the convention that formed the

United States constitution. In 1790, the Connecticut Abolition Society

was formed. The first President was Rev. Dr. Stiles, President of Yale

College, and the Secretary, Simeon Baldwin, (the late Judge Baldwin of

New Haven.) In 1791, this Society sent a memorial to Congress, from

which the following is an extract:

"From a sober conviction of the unrighteousness of slavery, your

petitioners have long beheld, with grief, our fellow men doomed to

perpetual bondage, in a country which boasts of her freedom. Your

petitioners are fully of opinion, that calm reflection will at last

convince the world, that the whole system of African slavery is unjust

in its nature--impolitic in its principles--and, in its consequences,

ruinous to the industry and enterprise of the citizens of these States.

From a conviction of these truths, your petitioners were led, by

motives, we conceive, of general philanthropy, to associate ourselves

for the protection and assistance of this unfortunate part of our fellow

men; and, though this Society has been _lately_ established, it has now

become _generally extensive_ through this state, and, we fully believe,

_embraces, on this subject, the sentiments of a large majority of its

citizens_."

The same year the Virginia Abolition Society was formed. This Society,

and the Maryland Society, had auxiliaries in different parts of those

States. Both societies sent up memorials to Congress. The memorial of

the Virginia Society is headed--"The memorial of the _Virginia Society_,

for promoting the Abolition of Slavery, &c." The following is an

extract:

"Your memorialists, fully believing that 'righteousness exalteth a

nation,' and that slavery is not only an odious degradation, but an

_outrageous violation of one of the most essential rights of human

nature, and utterly repugnant to the precepts of the gospel_, which

breathes 'peace on earth, good will to men;' lament that a practice, so

inconsistent with true policy and the inalienable rights of men, should

subsist in so enlightened an age, and among a people professing, that

all mankind are, by nature, equally entitled to freedom."

About the same time a Society was formed in New-Jersey. It had an acting

committee of five members in each county in the State. The following is

an extract from the preamble to its constitution:

"It is our boast, that we live under a government founded on principles

of justice and reason, wherein _life, liberty_, and the _pursuit of

happiness_, are recognised as the universal rights of men; and whilst we

are anxious to preserve these rights to ourselves, and transmit them

inviolate, to our posterity, we _abhor that inconsistent, illiberal, and

interested policy, which withholds those rights, from an unfortunate and

degraded class of our fellow creatures_."

Among other distinguished individuals who were efficient officers of

these Abolition Societies, and delegates from their respective state

societies, at the annual meetings of the American convention for

promoting the abolition of slavery, were Hon. Uriah Tracy, United

States' Senator, from Connecticut; Hon. Zephaniah Swift, Chief Justice

of the same State; Hon. Cesar A. Rodney, Attorney General of the United

States; Hon. James A. Bayard, United States Senator, from Delaware;

Governor Bloomfield, of New Jersey; Hon. Wm. Rawle, the late venerable

head of the Philadelphia bar; Dr. Casper Wistar, of Philadelphia;

Messrs. Foster and Tillinghast, of Rhode Island; Messrs. Ridgeley,

Buchanan, and Wilkinson, of Maryland; and Messrs. Pleasants, McLean, and

Anthony, of Virginia.

In July, 1787, the old Congress passed the celebrated ordinance,

abolishing slavery in the northwestern territory, and declaring that it

should never thereafter exist there. This ordinance was passed while the

convention that formed the United States constitution was in session. At

the first session of Congress under the constitution, this ordinance was

ratified by a special act. Washington, fresh from the discussions of the

convention, in which _more than forty days had been spent in adjusting

the question of slavery, gave it his approval._ The act passed with only

one dissenting voice, (that of Mr. Yates, of New-York,) _the South

equally with the North avowing the fitness and expediency of the measure

of general considerations, and indicating thus early the line of

national policy, to be pursued by the United States Government on the

subject of slavery_.

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