THE GAG-LAW.

In the winter of 1835 and 1836 the slaveholding oligarchy made a

bolder assault than ever before upon the liberty of our nation, and

the most alarming intimations were given of a willingness to yield to

their imperious demands. The legislatures of Alabama, Georgia, South

Carolina, North Carolina, and Virginia passed resolutions of the same

import, only those of Virginia and South Carolina were clothed, as

might have been expected, in somewhat more imperative and threatening

terms. These resolutions insisted that each State, in which slavery

was established, had the exclusive right to manage the matter in the

way that the inhabitants thereof saw fit; and that the citizens of

other States who were interfering with slavery in any way, directly or

indirectly, were guilty of violating their social and constitutional

obligations, and ought to be punished. They therefore “claimed and

earnestly requested that the non-slaveholding States of the Union

should promptly and _effectually suppress_ all abolition societies,

and that they should make it _highly penal_ to print, publish, and

distribute newspapers, pamphlets, tracts, and pictorial representations

calculated or having a tendency to excite the slaves of the Southern

States to insurrection and revolt.”

These resolutions further declared that “they should consider every

interference with slavery by any other State, or by the General

Government, as a direct and unlawful interference, to be resisted at

once, and under every possible circumstance.” Moreover, they insisted

that they “should consider the abolition of slavery in the District of

Columbia as a violation of the rights of the citizens of that District,

and as a usurpation _to be at once resisted_, as nothing less than the

commencement of a scheme of much more extensive and flagrant injustice.”

Resolutions in these words, or to the same effect, passed by the

legislatures of the above-mentioned States, were transmitted by the

governors of those States severally to the governors of each of

the non-slaveholding States, among them to the chief magistrate of

Massachusetts, then the Hon. Edward Everett.

On the 15th of January, 1836, that gentleman delivered his address

to both branches of the Legislature at the organization of the State

Government. In the course of that address, as in duty bound to do under

the circumstances, he alluded particularly to the subject of slavery,

and to the excitement kindled throughout the country by the discussion

of it in the free States.

But instead of showing that the subject of human rights was ever up,

and must needs be ever up, for the consideration of the American

people, in private circles and public assemblies; that it ought not

and could not be prohibited,--instead of conceding the impossibility

(in our country especially) of preventing the freest expression of

the opinion, that such a glaring inconsistency, such a tremendous

iniquity as the enslavement of millions ought not to be tolerated;

that the genius of our Republic, the spirit of the age, the principles

of Christianity, the impartial love of the Father of all mankind,

each and all demanded the abolition of slavery,--instead of availing

himself of the occasion so fully given him, from his high position, to

reiterate the glorious doctrines of the Declaration of Independence,

and to press upon the complaining States the obvious necessity of their

yielding to the self-evident claims of humanity,--instead of this, His

Excellency saw fit to commend the disastrous policy of the framers of

our Republic; to pass a severe censure upon us Abolitionists, and to

intimate his opinion that we were guilty of offences punishable at

common law.

This part of his speech was referred to a joint committee of two

from the Senate and three from the House of Representatives, Hon.

George Lunt, Chairman. By order of the managers of the Massachusetts

Antislavery Society, I addressed a letter to the above-named committee,

asking permission to appear before them by representatives, and show

reasons why there should be no legislative action condemnatory of the

Abolitionists. The request was granted, and on the 4th of March the

proposed interview took place in the chamber of the Representatives, in

the presence of many citizens.

At first a member of the committee, Mr. Lucas, objected to our

proceeding; said we were premature; that we should have waited until

the committee had reported; that we had no reason to apprehend the

Legislature would do anything prejudicial to us, or to the liberties of

the people. I replied, “that formerly it would have been a gratuitous,

an impertinent apprehension, but recent occurrences have admonished

us, that we may not any longer safely rest in the assurance that our

liberties are secure. Alarming encroachments have been made upon them,

even in the metropolis of New England. We do not fear,” I continued,

“that your committee will recommend, or that our Legislature will

enact, a penal law against Abolitionists. But we do apprehend that

condemnatory resolutions may be reported and passed; and these we

deprecate more than a penal law for reasons that we wish to press upon

your consideration.”

After some discussion between the members of the committee Mr.

Lucas withdrew his objection, and we were allowed to proceed. I

commenced, being the General Agent of the Society, and gave a sketch

of the origin, the organization, and progress of the abolition

enterprise,--stating distinctly our purpose and the instrumentalities

by which we intended to accomplish it. I laid before the committee

copies of our newspapers, reports, and tracts,--especially the

constitutions of several State and County Antislavery Societies, and

more especially the report of the convention that met in Philadelphia,

in December 1833, and organized the American Antislavery Society, and

issued a declaration of sentiments and purposes. All these documents,

I insisted, would make it plain to the committee that we were

endeavoring to effect the abolition of slavery by moral means,--not

by rousing the enslaved to insurrection, but by working such changes

in the public sentiment of the nation respecting the cruelty and

wickedness of our slave system, that strong, earnest remonstrances

would be sent from the Legislature, and still more from the

ecclesiastical bodies in all the free States to corresponding bodies

in the slave States, imploring them to consider the awful iniquity of

making merchandise of fellow-men, and treating them like domesticated

brutes; at the same time offering to co-operate with them and share

generously in the expense of abolishing slavery, and raising their

bondmen to the condition and privileges of the free.

Some discussion here ensued as to the character of some of our

publications, and the propriety of certain expressions used by some

of our speakers and writers. And then Ellis Gray Loring was heard in

our behalf. This gentleman had been prominent among the New England

Abolitionists from the very beginning of Mr. Garrison’s undertaking.

There were combined in him the strength and resolution of a man

with the intuitive wisdom and delicacy of a woman. He addressed the

committee more than half an hour in a most pertinent manner, replying

aptly to their questions and objections. “The general duty,” said Mr.

Loring, “of sympathizing with and succoring the oppressed will probably

be conceded. It is enjoined by Christianity. We are impelled to it by

the very nature which our Creator has conferred upon us. What, then, is

to limit our exercise, as Abolitionists, of this duty and this right?

The relations we bear to the oppressor control, it is said, our duty

to the oppressed. If we are bound to abstain from the discussion of

slavery, it must be either because we are restrained by the principles

of international law, or by some provisions of the Constitution of the

United States. But, gentlemen, if the slaveholding States were foreign

nations, it could not be shown that we have done anything which the law

of nations forbids. We have done nothing for the overthrow of slavery

in our Southern States which that law forbids, more than our foreign

missionary societies have for many years been doing for the subversion

of idolatry in pagan lands,--nothing more than was done in this city

and all over our country to aid the Poles and the Greeks in their

struggle for freedom, of which our ancient allies, the Russians and the

Turks, were determined to deprive them. If, then, the Law of nations

does not restrain us, is it in the Constitution of the United States

that such restraint is imposed? Far from it. I find in that, our Magna

Charta, an abundant guaranty for the liberty of speech; but I look in

vain in the letter of the Constitution for any prohibition of the use

of moral means for the extirpation of slavery or any other evil.”

Mr. Loring here took up the three clauses of the Constitution in which

alone any allusion is made to the subject of slavery, and showed

clearly that there was nothing in them which forbade the fullest and

freest discussion of the political expediency or moral character of

that system of oppression. And he confirmed his position by referring

to the fact, that the framers of that great document did not understand

it as the proslavery statesmen and politicians of our day would

have it understood. Washington declared himself warmly in favor of

emancipation. Jefferson’s writings contain more appalling descriptions

and more bitter denunciations of slavery than are to be found in the

publications of modern Abolitionists; and Franklin, Rush, and John Jay

were members of an antislavery society formed a few years after they

had signed the Constitution, and they joined in a petition to Congress

praying for the abolition of that system of domestic servitude, so

inconsistent with our political principles and disastrous to our

national honor and prosperity.”

I have not given, nor have I room to give, anything like a full

report of Mr. Loring’s speech. He closed with these words: “A

great _principle_, gentlemen, is involved in the decision of this

Legislature. I esteem as nothing in comparison our feelings or wishes

as individuals. Personal interests sink into insignificance here.

Sacrifice us if you will, but do not wound liberty through us. Care

nothing for men, but let the oppressor and his apologist, whether at

the North or the South, beware of the certain defeat which awaits him

who is found fighting against God.”

The next one who addressed the committee was the Rev. William

Goodell, one of the sturdiest, most sagacious and logical of our

fellow-laborers. We are indebted to him for “a full statement of the

reasons which were in part offered to the committee,” &c., &c., given

to the public in a pamphlet which was issued from the press a few days

after our interviews with said committee.

I shall here quote only the most important passage in his speech:

“We would deprecate the passage of any condemnatory resolutions by

the Legislature, even more than the enactment of a penal law, for

in the latter case we should have some redress. We could plead the

unconstitutionality of such a law, at any rate, it could not take

effect until we had had a fair trial. Not so, gentlemen of this

committee, in the case of resolutions. We should have no redress for

the injurious operation of such an extra-judicial sentence. The passage

of such resolutions by this and other legislatures would help to

fix in the public mind the belief that Abolitionists are a specially

dangerous body of men, and so prepare the public to receive such a law

as the slaveholding States might dictate. We solemnly protest against a

legislative censure, because it would be a usurpation of an authority

never intrusted to the Legislature. They are not a judicial body, and

have no right to pronounce the condemnation of any one.”

“Hold,” said Mr. Lunt, the Chairman of the committee, “you must not

indulge in such remarks, sir. We cannot sit here and permit you to

instruct us as to the duties of the Legislature.”

Mr. Goodell resumed, justified the remark for which he had been called

to order, and completed his very able argument against any concurrence

on the part of the General Court of Massachusetts with the demands of

the Southern States.

Mr. Garrison next addressed the committee in a very comprehensive and

forcible speech. But he neglected to give any report of it in his

_Liberator_. I can therefore lay before your readers only this brief

passage: “It is said, Mr. Chairman, that the Abolitionists wish to

destroy the Union. It is not true. We would save the Union, if it be

not too late. To us it would seem that the Union is already destroyed.

To us there is no Union. We, sir, cannot go through these so-called

United States enjoying the privileges which the Constitution of the

Union professed to secure to all the citizens of this Republic. And

why? Because, and only because, we are laboring to accomplish the very

purposes for which it is declared in the preamble to the Constitution

that the Union was formed! Because we are laboring ‘to establish

justice, insure domestic tranquillity, and promote the general

welfare.’”

Dr. Follen then arose. He was extensively known and very much

respected and beloved by all who had known him, as a Professor in

Harvard College, or as a preacher of true Christianity in several

parishes in the vicinity of Boston. He had done and suffered

much for the sake of civil and religious liberty in his own

country,--Germany,--and had come to our country in the high hope

of enjoying the blessings and privileges of true freedom. He early

espoused the antislavery cause, and rendered us essential services by

his wise counsels and his labors with several prominent persons whom

we had failed to reach. He was selected as one of the nine to maintain

our rights before the legislative committee, and avert the wrong that

seemed impending over us from the unhappy suggestions in the speech of

Governor Everett.

The Doctor evidently felt very deeply the grave importance of the

occasion. He commenced his speech with some profound remarks upon

the rights of man and the spirit and purpose of our republican

institutions, and then proceeded to point out the fearful

encroachments, that had been made on the fundamental principles of

our Republic by slaveholders and their Northern partisans. “And now,”

said he, “they are calling upon the Northern legislatures to abolish

the Abolitionists by law. We do not apprehend, gentlemen, that you

will recommend, or that our General Court will enact, such a law. But

we do apprehend that you may advise, and the Legislature may pass,

resolutions severely censuring the Abolitionists. Against this measure

we most earnestly protest. We think its effects would be worse than

those of the penal law. The outrages committed in this city upon the

liberty of speech, the mobs in Boston last October, were doubtless

countenanced and incited by the great meeting of August, in Faneuil

Hall. Now, gentlemen, would not similar consequences follow the

expression by the Legislature of a similar condemnation? Would not

the mobocrats again undertake to execute the informal sentence of the

General Court? Would they not let loose again their bloodhounds upon

us?”

“Stop, sir!” cried Mr. Lunt. “You may not pursue this course of remark.

It is insulting to the committee and to the Legislature which they

represent.”

Dr. Follen sat down, and an emotion of deep displeasure evidently

passed through the crowd of witnesses.

I sprang to my feet and remonstrated with Mr. Lunt. Mr. Loring and

Mr. Goodell also expressed their surprise and indignation at his

course. But it was of no avail. He would not consent that Dr. Follen

should proceed to point out what we considered the chief danger to

be guarded against. We therefore declined to continue our interview

with the committee; and gave them notice that we should appeal to the

Legislature for permission to present and argue our case in our own way

before them, or before another committee.

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