the state, it is well to inquire into the necessary deductions from this
doctrine. If government be a divine institution, and obedience to the
laws a matter resting on the authority of God, it might seem to follow
that in no case could human laws be disregarded with a good conscience.
This, as we have seen, is in fact the conclusion drawn from these
premises by the advocates of the doctrine "of passive obedience." The
command, however, to be subject to the higher powers is not more
unlimited in its statement than the command, "children obey your parents
in all things." From this latter command no one draws the conclusion
that unlimited obedience is due from children to their parents. The true
inference doubtless is, in both cases, that obedience is the rule, and
disobedience the exception. If in any instance a child refuse compliance
with the requisition of the parent, or a citizen with the law of the
land, he must be prepared to justify such disobedience at the bar of
God. Even divine laws may in some cases be dispensed with. Those which
indeed are founded on the nature of God, such as the command to love Him
and our neighbor, are necessarily immutable. But those which are founded
on the present constitution of things, though permanent as general rules
of action, may on adequate grounds, be violated without sin. The
commands, Thou shalt not kill, Thou shalt not steal, Remember the
sabbath day to keep it holy, are all of permanent authority; and yet
there may be justifiable homicide, and men may profane the sabbath and
be blameless. In like manner the command to obey the laws, is a divine
injunction, and yet there are cases in which disobedience is a duty. It
becomes then of importance to determine what these cases are; or to
ascertain the principles which limit the obedience which we owe to the
state. It follows from the divine institution of government that its
power is limited by the design of God in its institution, and by the
moral law. The family, the church and the state are all divine
institutions, designed for specific purposes. Each has its own sphere,
and the authority belonging to each is necessarily confined within its
own province. The father appears in his household as its divinely
appointed head. By the command of God all the members of that household
are required to yield him reverence and obedience. But he can not carry
his parental authority into the church or the state; nor can he appear
in his family as a magistrate or church officer. The obedience due to
him is that which belongs to a father, and not to a civil or
ecclesiastical officer, and his children are not required to obey him
in either of those capacities. In like manner the officers of the
church have within their sphere a divine right to rule, but they can not
claim civil authority on the ground of the general command to the people
to obey those who have the care of souls. Heb. xiii: 17. As the church
officer loses his power when he enters the forum; so does the civil
magistrate when he enters the church. His right to rule is a right which
belongs to him as representing God in the state--he has no commission to
represent God either in the family or the church; and therefore, he is
entitled to no obedience if he claims an authority which does not belong
to him. This is a very obvious principle, and is of wide application. It
not only limits the authority of civil officers to civil affairs, but
limits the extent due to the obedience to be rendered even in civil
matters to the officers of the state. A justice of the peace has no
claim to the obedience due to a governor of a state; nor a governor of a
state to that which belongs to the President of the Union; nor the
President of the Union to that which may be rightfully claimed by an
absolute sovereign. A military commander has no authority over the
community as a civil magistrate, nor can he exercise such authority even
over his subordinates. This principle applies in all its force to the
law-making power. The legislature can not exercise any power which does
not belong to them. They can not act as judges or magistrates unless
such authority has been actually committed to them. They are to be
obeyed as legislators; and in any other capacity their decisions or
commands do not bind the conscience. And still further, their
legislative enactments have authority only when made in the exercise of
their legitimate powers. In other words, an unconstitutional law is no
law. If our Congress, for example, were to pass a bill creating an order
of nobility, or an established church, or to change the religion of the
land, or to enforce a sumptuary code, it would have no more virtue and
be entitled to no more deference than a similar enactment intended to
bind the whole country passed by a town council. This we presume will
not be denied. God has committed unlimited power to no man and to no set
of men, and the limitation which he has assigned to the power conferred,
is to be found in the design for which it was given. That design is
determined in the case of the family, the church and the state, by the
nature of these institutions, by the general precepts of the Bible, or
by the providence of God determining the peculiar constitution under
which these organizations are called to act. The power of a parent was
greater under the old dispensation than it is now; the legitimate
authority of the church is greater under some modes of organization than
under others; and the power of the state as represented in its
constituted authorities is far more extensive in some countries than in
others. The theory of the British government is that the parliament is
the whole state in convention, and therefore it exercises powers which
do not belong to our Congress, which represents the state only for
certain specified purposes. These diversities, however, do not alter the
general principle, which is, that rulers are to be obeyed in the
exercise of their legitimate authority; that their commmands or
requirements beyond their appropriate spheres are void of all binding
force. This is a principle which no one can dispute.
A second principle is no less plain. No human authority can make it
obligatory on us to commit sin. If all power is of God it can not be
legitimately used against God. This is a dictate of natural conscience,
and is authenticated by the clearest teachings of the word of God. The
apostles when commanded to abstain from preaching Christ refused to
obey, and said: "Whether it be right in the sight of God to hearken unto
you more than unto God, judge ye." No human law could make it binding on
the ministers of the gospel, in our day, to withhold the message of
salvation from their fellow-men. It requires no argument to prove that
men can not make it right to worship idols, to blaspheme God, to deny
Christ. It is sheer fanaticism thus to exalt the power of the government
above the authority of God. This would be to bring back upon us some of
the worst doctrines of the middle ages as to the power of the pope and
of earthly sovereigns. Good men in all ages of the world have always
acted on the principle that human laws can not bind the conscience when
they are in conflict with the law of God. Daniel openly, in the sight of
his enemies, prayed to the God of heaven in despite of the prohibition
of his sovereign. Shadrach, Mesheck and Abednego refused to bow down, at
the command of the king, to the golden image. The early Christians
disregarded all those laws of Pagan Rome requiring them to do homage to
false gods. Protestants with equal unanimity refused to submit to the
laws of their papal sovereigns enjoining the profession of Romish
errors. That these men were right no man, with an enlightened
conscience, can deny; but they were right only on the principle that the
power of the state and of the magistrate is limited by the law of God.
It follows then from the divine institution of government, that its
power to bind the conscience to obedience is limited by the design of
its appointment and the moral law. All its power being from God, it must
be subordinate to him. This is a doctrine which, however, for a time and
in words, it may be denied, is too plain and too important not to be
generally recognized. It is a principle too which should at all times be
publicly avowed. The very sanctity of human laws requires it. Their real
power and authority lie in their having a divine sanction. To claim for
them binding force when destitute of such sanction, is to set up a mere
semblance for a reality, a suit of armor with no living man within. The
stability of human government and the authority of civil laws require
that they should be kept within the sphere where they repose on God, and
are pervaded by his presence and power. Without him nothing human can
stand. All power is of God; and if of God, divine; and if divine, in
accordance with his holy law.
But who are the judges of the application of these principles? Who is to
determine whether a particular law is unconstitutional or immoral? So
far as the mere constitutionality of a law is concerned, it may be
remarked, that there is in most states, as in our own, for example, a
regular judicial tribunal to which every legislative enactment can be
submitted, and the question of its conformity to the constitution
authoritatively decided. In all ordinary cases, that is, in all cases
not involving some great principle or some question of conscience, such
decisions must be held to be final, and to bind all concerned not only
to submission but obedience. A law thus sanctioned becomes instinct with
all the power of the state, and further opposition brings the recusants
into conflict with the government; a conflict in which no man for light
reasons can with a good conscience engage. Still it can not be denied,
and ought not to be concealed, that the ultimate decision must be
referred to his own judgment. This is a necessary deduction from the
doctrine that obedience to law is a religious duty. It is a primary
principle that the right of private judgment extends over all questions
of faith and morals. No human power can come between God and the
conscience. Every man must answer for his own sins, and therefore every
man must have the right to determine for himself what is sin. As he can
not transfer his responsibility, he can not transfer his right of
judgment. This principle has received the sanction of good men in every
age of the world. Daniel judged for himself of the binding force of the
command not to worship the true God. So did the apostles when they
continued to preach Christ, in opposition to all the constituted
authorities. The laws passed by Pagan Rome requiring the worship of
idols had the sanction of all the authorities of the empire, yet on the
ground of their private judgment the Christians refused to obey them.
Protestants in like manner refused to obey the laws of Papal Rome,
though sustained by all the authority both of the church and state. In
all these cases the right of private judgment can not be disputed. Even
where no question of religion or morality is directly concerned, this
right is undeniable. Does any one now condemn Hampden for refusing to
pay "ship-money?" Does any American condemn our ancestors for resisting
the stamp-act, though the authorities of St. Stephen's and Westminster
united in pronouncing the imposition constitutional? However this
principle may be regarded when stated in the abstract, every individual
instinctively acts upon it in his own case. Whenever a command is issued
by one in authority over us, we immediately and almost unconsciously
determine for ourselves, first, whether he had a right to give the
order; and secondly, whether it can with a good conscience be obeyed. If
this decision is clearly in the negative, we at once determine to refuse
obedience on our own responsibility. Let any man test this point by an
appeal to his own consciousness. Let him suppose the President of the
United States to order him to turn Romanist or Pagan; or Congress to
pass a bill requiring him to blaspheme God; or a military superior to
command him to commit treason or murder--does not his conscience tell
him he would on the instant refuse? Would he, or could he wait until the
constitutionality of such requisitions had been submitted to the courts?
or if the courts should decide against him, would that at all alter the
case? Men must be strangely oblivious of the relation of the soul to
God, the instinctive sense which we possess of our allegiance to him,
and of the self-evidencing power with which his voice reaches the reason
and the conscience, to question the necessity which every man is under
to decide all questions touching his duty to God for himself.
It may indeed be thought that this doctrine is subversive of the
authority of government. A moment's reflection is sufficient to dispel
this apprehension. The power of laws rests on two foundations, fear and
conscience. Both are left by this doctrine in their integrity. The
former, because the man refuses obedience at his peril. His private
conviction that the law is unconstitutional or immoral does not abrogate
it, or impede its operation. If arraigned for its violation, he may
plead in his justification his objections to the authority of the law.
If these objections are found valid by the competent authorities, he is
acquitted; if otherwise, he suffers the penalty. What more can the state
ask? All the power the state, as such, can give its laws, lies in their
penalty. A single decision by the ultimate authority in favor of a law,
is a revelation to the whole body of the people that it can not be
violated with impunity. The sword of justice hangs over every
transgressor. The motive of fear in securing obedience, is therefore, as
operative under this view of the subject, as it can be under any other.
What, however, is of far more consequence, the power of conscience is
left in full force. Obedience to the law is a religious duty, enjoined
by the word of God and enforced by conscience. If, in any case, it be
withheld, it is under a sense of responsibility to God; and under the
conviction that if this conscientious objection be feigned, it
aggravates the guilt of disobedience as a sin against God an hundred
fold; and if it be mistaken, it affords no palliation of the offense.
Paul was guilty in persecuting the church, though he thought he was
doing God service. And the man, who by a perverted conscience, is led to
refuse obedience to a righteous law, stands without excuse at the bar of
God. The moral sanction of civil laws, which gives them their chief
power, and without which they must ultimately become inoperative, cannot
possibly extend further than this. For what is that moral sanction? It
is a conviction that our duty to God requires our obedience; but how can
we feel that duty to God requires us to do what God forbids? In other
words, a law which we regard as immoral, can not present itself to the
conscience as having divine authority. Conscience, therefore, is on the
side of the law wherever and whenever this is possible from the nature
of the case. It is a contradiction to say that conscience enforces what
conscience condemns. This then is all the support which the laws of the
land can possibly derive from our moral convictions. The allegiance of
conscience is to God. It enforces obedience to all human laws consistent
with that allegiance; further than this it can not by possibility go.
And as the decisions of conscience are, by the constitution of our
nature, determined by our own apprehensions of the moral law, and not by
authority, it follows of necessity that every man must judge for
himself, and on his own responsibility, whether any given law of man
conflicts with the law of God or not.
We would further remark on this point that the lives and property of men
have no greater protection than that which, on this theory, is secured
for the laws of the state. The law of God says: Thou shalt not kill. Yet
every man does, and must judge when and how far this law binds his
conscience. It is admitted, on all hands, that there are cases in which
its obligation ceases. What those cases are each man determines for
himself, but under his two fold responsibility to his country and to
God. If, through passion or any other cause, he errs as to what
constitutes justifiable homicide, he must bear the penalty attached to
murder, by the law of God and man. It is precisely so in the case before
us. God has commanded us to obey the magistrate as his minister and
representative. If we err in our judgment as to the cases in which the
command ceases to be binding, we fall into the hands of justice, both
human and divine. Can more than this be necessary? Can any thing be
gained by trying to make God require us to break his own commands? Can
conscience be made to sanction the violation of the moral law? Is not
this the way to destroy all moral distinctions, and to prostrate the
authority of conscience, and with it the very foundation of civil
government? Is not all history full of the dreadful consequences of the
doctrine that human laws can make sin obligatory, and that those in
authority can judge for the people what is sin? What more than this is
needed to justify all the persecutions for righteousness' sake since the
world began? What hope could there be, on this ground, for the
preservation of religion or virtue, in any nation on the earth? If the
principle be once established, that the people are bound to obey all
human laws, or that they are not to judge for themselves when their duty
to God requires them to refuse such obedience, then there is not only an
end of all civil and religious liberty, but the very nature of civil
government, as a divine institution, is destroyed. It becomes first
atheistical, and then diabolical. Then the massacre of St.
Bartholomew's, the decrees of the French National Assembly, and the laws
of Pagan Rome against Christians, and of its Papal successor against
Protestants, were entitled to reverent obedience. Then, too, may any
infidel party which gains the ascendency in a state, as has happened of
late in Switzerland, render it morally obligatory upon all ministers to
close their churches, and on the people to renounce the gospel. This is
not an age or state of the world in which to advance such doctrines.
There are too many evidences of the gathering powers of evil, to render
it expedient to exalt the authority of man above that of God, or
emancipate men from subjection to their Master in heaven, that they may
become more obedient to their masters on earth. We are advocating the
cause of civil government, of the stability and authority of human laws,
when we make every thing rest on the authority of God, and when we limit
every human power by subordinating it to him. We hold, therefore, that
it is not only one of the plainest principles of morals, that no immoral
law can bind the conscience, and that every man must judge of its
character for himself, and on his own responsibility; but that this
doctrine is essential to all religious liberty, and to the religious
sanction of civil government. If you deny this principle, you thereby
deny that government is a divine institution, and denying that, you
deprive it of its vital energy, and send it tottering to a dishonored
grave.
But here the great practical question arises, What is to be done when
the law of the land comes into conflict with the law of God--or, which
is to us the same thing, with our convictions of what that law demands?
In answer to this question we would remark, in the first place, that in
most cases, the majority of the people have nothing to do, except
peaceably to use their influence to have the law repealed. The mass of
the people have nothing actively to do with the laws. Very few
enactments of the government touch one in a thousand in the population.
We may think a protective tariff not only inexpedient, but unequal and
therefore unjust. But we have nothing to do with it. We are not
responsible for it, and are not called upon to enforce it. The remark
applies even to laws of a higher character, such, _e. g._ as a law
proclaiming an unjust war; forbidding the introduction of the Bible into
public schools; requiring homage or sanction to be given to idolatrous
services by public officers, etc., etc. Such laws do not touch the mass
of the people. They do not require them either to do or abstain from
doing, any thing which conscience forbids or enjoins; and therefore
their duty in the premises may be limited to the use of legitimate means
to have laws of which they disapprove repealed.
In the second place, those executive officers who are called upon to
carry into effect a law which requires them to do what their conscience
condemns, must resign their office, if they would do their duty to God.
Some years since, General Maitland (if we remember the name correctly)
of the Madras Presidency, in India, resigned a lucrative and honorable
post, because he could not conscientiously give the sanction to the
Hindoo idolatry required by the British authorities. And within the last
few months, we have seen hundreds of Hessian officers throw up their
commissions rather than trample on the constitution of their country. On
the same principles the non-conformists in the time of Charles II. and
the ministers of the Free Church of Scotland, in our day, gave up their
stipends and their positions, because they could not with a good
conscience carry into effect the law of the land. It is not intended
that an executive officer should, in all cases, resign his post rather
than execute a law which in his private judgment he may regard as
unconstitutional or unjust. The responsibility attaches to those who
make, and not to those who execute the laws. It is only when the act,
which the officer is called upon to perform, involves personal
criminality, that he is called upon to decline its execution. Thus in
the case of war; a military officer is not the proper judge of its
justice. That is not a question between him and the enemy, but between
his government and the hostile nation. On the supposition that war
itself is not sinful, the act which the military officer is called upon
to perform is not criminal, and he may with a good conscience carry out
the commands of his government, whatever may be his private opinion of
the justice of the war. All such cases no doubt are more or less
complicated, and must be decided each on its own merits. The general
principle, however, appears plain, that it is only when the act required
of an executive officer involves personal criminality, that he is called
upon to resign. This is a case that often occurs. In Romish countries,
as Malta, for example, British officers have been required to do homage
to the host, and on their refusal have been cashiered. An instance of
this kind occurred a few years ago, and produced a profound sensation in
England. This was clearly a case of great injustice. The command was an
unrighteous one. The duty of the officer was to resign rather than obey.
Had the military authorities taken a fair view of the question, they
must have decided that the command to bow to the host, was not
obligatory, because _ultra vires_. But if such an order was insisted
upon, the conscientious Protestant must resign his commission.
The next question is, What is the duty of private citizens in the case
supposed, _i. e._, when the civil law either forbids them to do what God
commands, or commands them to do what God forbids? We answer, their duty
is not obedience, but submission. These are different things. A law
consists of two parts, the precept and the penalty. We obey the one, and
submit to the other. When we are required by the law to do what our
conscience pronounces to be sinful, we can not obey the precept, but we
are bound to submit without resistance to the penalty. We are not
authorized to abrogate the law, nor forcibly to resist its execution, no
matter how great its injustice or cruelty. On this principle holy men
have acted in all ages. The apostles did not obey the precept of the
Jewish laws forbidding them to preach Christ, but neither did they
resist the execution of the penalty attached to the violation of those
laws. Thus it was with all the martyrs; they would not offer incense to
idols, but refused not to be led to the stake. Had Cranmer, on the
ground of the iniquity of the law condemning him to death, killed the
officers who came to carry it into effect, he would have been guilty of
murder. Here is the great difference which is often overlooked. The
right of self-defense is appealed to as justifying resistance even to
death, against all attempts to deprive us of our liberty. We have this
right in reference to unauthorized individuals, but not in reference to
the officers of the law. Had men without authority entered Cranmer's
house, and attempted to take his life, his resistance, even if attended
with the loss of life, would have been justifiable. But no man has the
right to resist the execution of the law. What could be more iniquitous
than the laws condemning men to death for the worship of God. Yet to
these laws Christians and Protestants yielded unresisting submission.
This is an obvious duty, flowing from the divine institution of
government. There is no power but of God, and the powers that be are
ordained of God. Whosoever, therefore, resisteth the power resisteth the
ordinance of God; and they that resist shall receive to themselves
damnation. Thus Paul reasoned. If the power is of God, it can not be
rightfully resisted; it must be obeyed or submitted to. Are wicked,
tyrannical, Pagan powers of God? Certainly they are. Does not he order
all things? Does any man become a king without God's permission granted
in mercy or in judgment? Was not Nero to be recognized as emperor? Would
it not be a sin to refuse submission to Nicholas of Russia, or to the
Sultan of Turkey? Are rulers to be obeyed only for their goodness? Is it
only kind and reasonable masters, parents, or husbands, who are to be
recognized as such? It is no doubt true, that in no case is unlimited
authority granted to men; and that obedience to the precepts of our
superiors is limited by the nature of their office, and by the moral
law; but this leaves their authority untouched, and the obligation to
submission where we can not obey, unimpaired.
Have we then got back to the old doctrine of "passive obedience" by
another route? Not at all. The scriptural rule above recited relates to
individuals. It prescribes the duty of submission even to unjust and
wicked laws, on the part of men in their separate capacity; but it does
not deny the right of revolution as existing in the community. What the
Scriptures forbid, is that any man should undertake to resist the law.
They do not forbid either change in the laws or change in the
government. There is an obvious difference between these two things,
viz: the right of resistance on the part of individuals, and the right
of revolution on the part of the people. This latter right we argue from
the divine institution of government itself. God has revealed his will
that government should exist, but he has not prescribed the form which
it shall assume. In other words, he has commanded men to organize such
government, but has left the form to be determined by themselves. This
is a necessary inference. It follows from the mere silence of Scripture
and nature on this subject, that it is left free to the determination of
those to whom the general command is given. In the next place, this
right is to be inferred from the design of civil government. That design
is the welfare of the people. It is the promotion of their physical and
moral improvement; the security of life and property; the punishment of
evil doers, and the praise of those who do well. If such is the end
which God designs government to answer, it must be his will that it
should be made to accomplish that purpose, and consequently that it may
be changed from time to time, so as to secure that end. No one form of
government is adapted to all states of society, any more than one suit
of clothes is proper to all stages of life. The end for which clothing
is designed, supposes the right to adapt it to that end. In like manner
the end government is intended to answer, supposes the right to modify
it whenever such modification is necessary. If God commands men to
accomplish certain ends, and does not prescribe the means, he does
thereby leave the choice of the means to their discretion. And any
institution which fails to accomplish the end intended by it, if it has
not a divine sanction as to its form, may lawfully be so changed as to
suit the purpose for which it was appointed. We hold, therefore, that
the people have, by divine right, the authority to change, not only
their rulers, but their form of government, whenever the one or the
other, instead of promoting the well-being of the community, is unjust
or injurious. This is a right which, like all other prerogatives, may be
exercised unwisely, capriciously, or even unjustly, but still it is not
to be denied. It has been recognized and exercised in all ages of the
world, and with the sanction of the best of men. It is as unavoidable
and healthful as the changes in the body to adapt it to the increasing
vigor of the mind, in its progress from infancy to age. The progress of
society depends on the exercise of this right. It is impossible that its
powers should be developed, if it were to be forever wrapt up in its
swaddling clothes, or coffined as a mummy. The early Christians
submitted quietly to the unjust laws of their Pagan oppressors, until
the mass of the community became Christians, and then they
revolutionized the government. Protestants acted in the same way with
their papal rulers. So did our forefathers, and so may any people whose
form of government no longer answers the end for which God has commanded
civil government to be instituted. The Quakers are now a minority in all
the countries in which they exist, and furnish an edifying example of
submission to the laws which they can not conscientiously obey. But
should they come, in any political society, to be the controlling
power, it is plain they would have the right to conduct it on their own
principles.
The right of revolution therefore is really embedded in the right to
serve God. A government which interferes with that service, which
commands what God forbids, or forbids what he commands, we are bound by
our duty to him to change as soon as we have the power. If this is not
so, then God has subjected his people to the necessity of always
submitting to punishment for obeying his commands, and has cut them off
from the only means which can insure their peaceful and secure enjoyment
of the liberty to do his will. No one, however, in our land, or of the
race to which we belong, will be disposed to question the right of the
people to change their form of government. Our history forbids all
diversity of sentiment on this subject. We are only concerned to show
that the scriptural doctrine of civil government is perfectly consistent
with that right; or rather that the right is one of the logical
deductions from that doctrine.
We have thus endeavored to prove that government is a divine
institution; that obedience to the laws is a religious duty; that such
obedience is due in all cases in which it can be rendered with a good
conscience; that when obedience can not be yielded without sinning
against God, then our duty as individuals is quietly to submit to the
infliction of the penalty attached to disobedience; and that the right
of resistance or of revolution rests only in the body of people for
whose benefit government is instituted.
The application of these principles to the case of the fugitive slave
law is so obvious, as hardly to justify remark. The great body of the
people regard that law as consistent with the constitution of the
country and the law of God. Their duty, therefore, in the premises,
whether they think it wise or unwise, is perfectly plain. Those who take
the opposite view of the law, having in the great majority of cases,
nothing to do with enforcing it, are in no measure responsible for it.
Their duty is limited to the use of peaceable and constitutional means
to get it repealed. A large part of the people of this country thought
the acquisition of Louisiana; the admission of Texas into the Union by a
simple resolution; the late Mexican war; were either unjust or
unconstitutional, but there was no resistance to these measures. None
was made, and none would have been justifiable. So in the present case,
as the people generally are not called upon either to do, or to forbear
from doing, any thing their conscience forbids, all resistance to the
operation of this law on their part must be without excuse. With regard
to the executive officers, whose province it is to carry the law into
effect, though some of them may disapprove of it as unwise, harsh, or
oppressive, still they are bound to execute it, unless they believe the
specific act which they are called upon to perform involves personal
criminality, and then their duty is the resignation of their office, and
not resistance to the law. There is the most obvious difference between
an officer being called upon, for example, to execute a decision of a
court, which in his private opinion he thinks unjust, and his being
called upon to blaspheme, or commit murder. The latter involves personal
guilt, the former does not. He is not the judge of the equity or
propriety of the decision which he is required to carry into effect. It
is evident that the wheels of society would be stopped, if every officer
of the government, and every minister of justice should feel that he is
authorized to sit in judgment on the wisdom or righteousness of any law
he was called upon to execute. He is responsible for his own acts, and
not for the judgments of others, and therefore when the execution of a
law or of a command of a superior does not require him to sin, he is
free to obey.
Again, in those cases in which we, as private individuals, may be called
upon to assist in carrying the fugitive slave law into effect, if we can
not obey, we must do as the Quakers have long done with regard to our
military laws, _i. e._ quietly submit. We have no right to resist, or in
any way to impede the operation of the law. Whatever sin there is in it,
does not rest on us, any more than the sin of our military system rests
on the Quakers.[259]
And finally as regards the fugitives themselves, their obvious duty is
submission. To them the law must appear just as the laws of the Pagans
against Christians, or of Romanists against Protestants, appeared to
those who suffered from them. And the duty in both cases is the same.
Had the martyrs put to death the officers of the law, they would in the
sight of God and man have been guilty of murder. And any one who teaches
fugitive slaves to resort to violence even to the sacrifice of life, in
resisting the law in question, it seems to us, is guilty of exciting men
to murder. As before remarked, the principle of self-defense does not
apply in this case. Is there no difference between a man who kills an
assassin who attempts his life on the highway, and the man who, though
knowing himself to be innocent of the crime for which he has been
condemned to die, should kill the officers of justice? The former is a
case of justifiable homicide, the other is a case of murder. The
officers of justice are not the offenders. They are not the persons
responsible for the law or the decision. That responsibility rests on
the government. Private vengeance can not reach the state. And if it
could, such vengeance is not the remedy ordained by God for such evils.
They are to be submitted to, until the government can be changed. How
did our Lord act when he was condemned by an oppressive judgment, and
with wicked hands crucified and slain? Did he kill the Roman soldiers?
Has not he left us an example that we should follow his steps: who did
no sin, neither was guile found in his mouth; who, when he was reviled,
reviled not again; when he suffered, he threatened not; but committed
himself unto him that judgeth righteously. On this principle did all his
holy martyrs act; and on this principle are we bound to act in
submitting to the laws of the land, even when we deem them oppressive or
unjust.
The principles advocated in this paper appear to us so elementary, that
we feel disposed to apologize for presenting them in such a formal
manner. But every generation has to learn the alphabet for itself. And
the mass of men are so occupied with other matters, that they do not
give themselves time to discriminate. Their judgments are dictated, in
many cases, by their feelings, or their circumstances. One man simply
looks to the hardship of forcing a slave back to bondage, and he
impulsively counsels resistance unto blood. Another looks to the evils
which follow from resistance to law, and he asserts that human laws are
in all cases to be obeyed. Both are obviously wrong. Both would
overthrow all government. The one by justifying every man's taking the
law into his own hands; and the other by destroying the authority of
God, which is the only foundation on which human government can rest. It
is only by acting on the direction of the Divine Wisdom incarnate:
"Render unto Cæsar the things that are Cæsar's, and unto God the things
that are God's," that these destructive extremes are to be avoided.
Government is a divine institution; obedience to the laws is commanded
by God; and yet like all other divine commands of the same class, there
are cases in which it ceases to be obligation. Of these cases every one
must judge for himself on his own responsibility to God and man; but
when he cannot obey, his duty is to submit. The divinely appointed
remedy for unjust or oppressive legislation is not private or tumultuous
opposition, but the repeal of unrighteous enactments, or the
reorganization of the government.
What, however, we have had most at heart in the preparation of this
article, is the exhibition of the great principle that all authority
reposes on God; that all our obligations terminate on him; that
government is not a mere voluntary compact, and obedience to law an
obligation which rests on the consent of the governed. We regard this as
a matter of primary importance. The character of men and of communities
depends, to a great extent on their faith. The theory of morals which
they adopt determines their moral charactcter. If they assume that
expediency is the rule of duty, that a thing is right because it
produces happiness, or wrong because it produces misery, that this
tendency is not merely the test between right and wrong, but the ground
of the distinction, then, the specific idea of moral excellence and
obligation is lost. All questions of duty are merged into a calculation
of profit and loss. There is no sense of God; reason or society takes
his place, and an irreligious, calculating cast of character is the
inevitable result. This is counteracted, in individuals and the
community by various causes, for neither the character of a man nor that
of a society is determined by any one opinion; but its injurious
influence may nevertheless be most manifest and deplorable. No man can
fail to see the deteriorating influence of this theory of morals on
public character both in this country and in England. If we would make
men religious and moral, instead of merely cute, let us place God before
them; let us teach them that his will is the ground of their
obligations; that they are responsible to him for all their acts; that
their allegiance as moral agents is not to reason or to society, but to
the heart-searching God; that the obligation to obey the laws of the
land does not rest on their consent to them, but to the fact government
is of God; that those who resist the magistrate, resist the ordinance of
God, and that they who resist, shall receive unto themselves damnation.
This is the only doctrine which can give stablity either to morals or to
government. Man's allegiance is not to reason in the abstract, nor to
society, but to a personal God, who has power to destroy both soul and
body in hell. This is a law revealed in the constitution of our nature,
as well as by the lips of Christ. And to no other sovereign can the soul
yield rational obedience. We might as well attempt to substitute some
mechanical contrivance of our own, for the law of gravitation, as a
means of keeping the planets in their orbits, as to expect to govern men
by any thing else than the fear of an Infinite God.
FOOTNOTES:
[258] In the _New York Independent_ for January 2, 1851, there is a
sermon delivered by Rev. Richard S. Storrs, Jr., of Brooklyn, Dec. 12,
1850, in which his opposition to the fugitive slave bill is expressly
placed on the injustice of slavery. He argues the matter almost
exclusively on that ground. "To what," he asks, "am I required to send
this man [the slave] back? To a system which . . . no man can contemplate
without shuddering." Again, "Why shall I send the man to this unjust
bondage? The fact that he has suffered it so long already is a reason
why I should NOT. . . . . Why shall I not HELP him, in his struggle for
the rights which God gave him indelibly, when he made him a man? There
is nothing to prevent, but the simple requirement of my equals in the
State; the parchment of the law, which they have written." This is an
argument against the Constitution and not against the fugitive slave
law. It is an open refusal to comply with one of the stipulations of our
national compact. If it has any force, it is in favor of the dissolution
of the Union. Nay, if the argument is sound it makes the dissolution of
the Union inevitable and obligatory. It should, therefore, in all
fairness be presented in that light, and not as an argument against the
law of Congress. Let it be understood that the ground now assumed is
that the Constitution can not be complied with. Let it be seen that the
moralists of our day have discovered that the compact framed by our
fathers, which all our public men in the general and state governments
have sworn to support, under which we have lived sixty years, and whose
fruits we have so abundantly enjoyed, is an immoral compact, and must be
repudiated out of duty to God. This is the real doctrine constantly
presented in the abolition prints; and if properly understood we should
soon see to what extent it commends itself to the judgment and
conscience of the people.
[259] The doctrine that the executive officers of a government are not
the responsible judges of the justice of its decisions, is perfectly
consistent with the principle advanced above, viz: that every man has
the right to judge for himself whether any law or command is obligatory.
This latter principle relates to acts for which we are personally
responsible. If a military officer is commanded to commit treason or
murder, he is bound to refuse; because those acts are morally wrong. But
if commanded to lead an army against an enemy he is bound to obey, for
that is not morally wrong. He is the judge of his own act, but not of
the act of the government in declaring the war. So a sheriff, if he
thinks all capital punishment a violation of God's law, he can not carry
a sentence of death into effect, because the act itself is sinful in his
view. But he is not the judge of the justice of any particular sentence
he is called on to execute. He may judge of his own part of the
transaction: but he is not responsible for the act of the judge and the
jury.
THE BIBLE ARGUMENT ON SLAVERY.
BY CHARLES HODGE, D.D.,
OF PRINCETON, N. J.
NOTE.--This Essay of Dr. Hodge, was designed by
the Editor, to follow that of Dr. Stringfellow,
but the copy was not received until the
stereotyping had progressed nearly to the close of
the volume. PUBLISHER.
* * * * *
Infatuation of the Abolitionists--Necessity of
Correct Opinions--Statement of the
Question--Slavery as Treated by Christ and his
Apostles--Slaveholding not Sinful--Answer to this
Argument--Dr. Channing's Answer--Admissions--Reply
to the Abolition Argument--Mr. Birney's
Admissions--Argument from the Old
Testament--Polygamy and Divorce--Inalienable
Rights.
EVERY one must be sensible that a very great change has, within a few
years, been produced in the feelings, if not in the opinions of the
public in relation to slavery. It is now the most exciting topic of
discussion. Nor is the excitement in society confined to discussion
alone. Designs and plans, of the most reprehensible character, are
boldly avowed and defended. What has produced this lamentable state of
things? No doubt many circumstances have combined in its production. We
think, however, that all impartial observers must acknowledge, that by
far the most prominent cause is the conduct of the abolitionists. . . . .
Nor is it by argument that the abolitionists have produced the present
unhappy excitement. Argument has not been the characteristic of their
publications. Denunciations of slaveholding, as manstealing, robbery,
piracy, and worse than murder; consequent vituperation of slaveholders
as knowingly guilty of the worst of crimes; passionate appeals to the
feelings of the inhabitants of the Northern States; gross exaggerations
of the moral and physical condition of the slaves, have formed the
staple of their addresses to the public.[260] We do not mean to say
that there has been no calm and Christian discussion of the subject. We
mean merely to state what has, to the best of our knowledge, been the
predominent character of the anti-slavery publications. There is one
circumstance which renders the error and guilt of this course of conduct
chargeable, in a great measure, on the abolitionists as a body, and even
upon those of their number who have pursued a different course. We refer
to the fact that they have upheld the most extreme publications, and
made common cause with the most reckless declaimers. The wildest ravings
of the _Liberator_ have been constantly lauded; agents have been
commissioned whose great distinction was a talent for eloquent
vituperation; coincidence of opinion as to the single point of immediate
emancipation has been sufficient to unite men of the most discordant
character. There is in this conduct such a strange want of adaptation
between the means and the end which they profess to have in view, as to
stagger the faith of most persons in the sincerity of their professions,
who do not consider the extremes to which even good men may be carried,
when they allow one subject to take exclusive possession of their minds.
We do not doubt their sincerity, but we marvel at their delusion. They
seem to have been led by the mere impulse of feeling, and a blind
imitation of their predecessors in England, to a course of measures,
which, though rational under one set of circumstances, is the hight of
infatuation under another. The English abolitionists addressed
themselves to a community, which, though it owned no slaves, had the
power to abolish slavery, and was therefore responsible for its
continuance. Their object was to rouse that community to immediate
action. For this purpose they addressed themselves to the feelings of
the people; they portrayed in the strongest colors the misery of the
slaves; they dilated on the gratuitous crime of which England was guilty
in perpetuating slavery, and did all they could to excite the passions
of the public. This was the course most likely to succeed, and it did
succeed. Suppose, however, that the British parliament had no power over
the subject; that it rested entirely with the colonial Assemblies to
decide whether slavery should be abolished or not. Does any man believe
the abolitionists would have gained their object? Did they in fact make
converts of the planters? Did they even pretend that such was their
design? Every one knows that their conduct produced a state of almost
frantic excitement in the West India Islands; that so far from the
public feeling in England producing a moral impression upon the planters
favorable to the condition of the slaves, its effect was directly the
reverse. It excited them to drive away the missionaries, to tear down
the chapels, to manifest a determination to rivet still more firmly the
chains on their helpless captives, and to resist to the utmost all
attempts for their emancipation or even improvement. All this was
natural, though it was all, under the circumstances, of no avail, except
to rouse the spirit of the mother country, and to endanger the result of
the experiment of emancipation, by exasperating the feelings of the
slaves. Precisely similar has been the result of the efforts of the
American abolitionists as regards the slaveholders of America. They have
produced a state of alarming exasperation at the South, injurious to the
slave and dangerous to the country, while they have failed to enlist the
feelings of the North. This failure has resulted, not so much from
diversity of opinion on the abstract question of slavery; or from want
of sympathy among Northern men in the cause of human rights, as from the
fact, that the common sense of the public has been shocked by the
incongruity and folly of hoping to effect the abolition of slavery in
one country, by addressing the people of another. We do not expect to
abolish despotism in Russia, by getting up indignation meetings in New
York. Yet for all the purposes of legislation on this subject, Russia is
not more a foreign country to us than South Carolina. The idea of
inducing the Southern slaveholder to emancipate his slaves by
denunciation, is about as rational as to expect the sovereigns of Europe
to grant free institutions, by calling them tyrants and robbers. Could
we send our denunciations of despotism among the subjects of those
monarchs, and rouse the people to a sense of their wrongs and a
determination to redress them, there would be some prospect of success.
But our Northern abolitionists disclaim, with great earnestness, all
intention of allowing their appeals to reach the ears of the slaves. It
is, therefore, not to be wondered at, that the course pursued by the
anti-slavery societies, should produce exasperation at the South,
without conciliating sympathy at the North. The impolicy of their
conduct is so obvious, that men who agree with them as to all their
leading principles, not only stand aloof from their measures, but
unhesitatingly condemn their conduct. This is the case with Dr.
Channing. Although his book was written rather to repress the feeling of
opposition to these societies, than to encourage it, yet he fully admits
the justice of the principal charges brought against them. We extract a
few passages on the subject. "The abolitionists have done wrong, I
believe; nor is their wrong to be winked at, because done fanatically,
or with good intentions; for how much mischief may be wrought with good
designs! They have fallen into the common error of enthusiasts, that of
exaggerating their object, of feeling as if no evil existed but that
which they opposed, and as if no guilt could be compared with that of
countenancing and upholding it. The tone of their newspapers, as far as
I have seen them, has often been fierce, bitter, and abusive." p. 133.
"Another objection to their movements is, that they have sought to
accomplish their object by a system of agitation; that is, by a system
of affiliated societies gathered, and held together, and extended, by
passionate eloquence." "The abolitionists might have formed an
association; but it should have been an elective one. Men of strong
principles, judiciousness, sobriety, should have been carefully sought
as members. Much good might have been accomplished by the co-operation
of such philanthropists. Instead of this, the abolitionists sent forth
their orators, some of them transported with fiery zeal, to sound the
alarm against slavery through the land, to gather together young and
old, pupils from schools, females hardly arrived at years of discretion,
the ignorant, the excitable, the impetuous, and to organize these into
associations for the battle against oppression. Very unhappily they
preached their doctrine to the colored people, and collected these into
societies.[261] To this mixed and excitable multitude, minute,
heartrending descriptions of slavery were given in the piercing tones of
passion; and slaveholders were held up as monsters of cruelty and
crime." p. 136. "The abolitionists often speak of Luther's vehemence as
a model to future reformers. But who, that has read history, does not
know that Luther's reformation was accompanied by tremendous miseries
and crimes, and that its progress was soon arrested? and is there not
reason to fear, that the fierce, bitter, persecuting spirit, which he
breathed into the work, not only tarnished its glory, but limited its
power? One great principle which we should lay down as immovably true,
is, that if a good work can not be carried on by the calm,
self-controlled, benevolent spirit of Christianity, then the time for
doing it has not come. God asks not the aid of our vices. He can
overrule them for good, but they are not to be chosen instruments of
human happiness." p. 138. "The adoption of the common system of
agitation by the abolitionists has proved signally unsuccessful. From
the beginning it created alarm in the considerate, and strengthened the
sympathies of the free States with the slaveholder. It made converts of
a few individuals, but alienated multitudes. Its influence at the South
has been evil without mixture.[262] It has stirred up bitter passions
and a fierce fanaticism, which have shut every ear and every heart
against its arguments and persuasions. These effects are the more to be
deplored, because the hope of freedom to the slaves lies chiefly in the
dispositions of his master. The abolitionist indeed proposed to convert
the slaveholders; and for this end he approached them with vituperation,
and exhausted on them the vocabulary of abuse! And he has reaped as he
sowed." p. 142.
Unmixed good or evil, however, in such a world as ours, is a very rare
thing. Though the course pursued by the abolitionists has produced a
great preponderance of mischief, it may incidentally occasion no little
good. It has rendered it incumbent on every man to endeavor to obtain,
and, as far as he can, to communicate definite opinions and correct
principles on the whole subject. The community are very apt to sink down
into indifference to a state of things of long continuance, and to
content themselves with vague impressions as to right and wrong on
important points, when there is no call for immediate action. From this
state the abolitionists have effectually roused the public mind. The
subject of slavery is no longer one on which men are allowed to be of no
mind at all. The question is brought up before all of our public bodies,
civil and religious. Almost every ecclesiastical society has in some
way been called to express an opinion on the subject; and these calls
are constantly repeated. Under these circumstances, it is the duty of
all in their appropriate sphere, to seek for truth, and to utter it in
love.
"The first question," says Dr. Channing, "to be proposed by a rational
being, is not what is profitable, but what is right. Duty must be
primary, prominent, most conspicuous, among the objects of human thought
and pursuit. If we cast it down from its supremacy, if we inquire first
for our interests and then for our duties we shall certainly err. We can
never see the right clearly and fully, but by making it our first
concern. . . . Right is the supreme good, and includes all other goods.
In seeking and adhering to it, we secure our true and only happiness.
All prosperity, not founded on it, is built on sand. If human affairs
are controlled, as we believe, by almighty rectitude and impartial
goodness, then to hope for happiness from wrong doing is as insane as to
seek health and prosperity by rebelling against the laws of nature, by
sowing our seed on the ocean, or making poison our common food. There is
but one unfailing good; and that is, fidelity to the everlasting law
written on the heart, and re-written and re-published in God's word.
"Whoever places this faith in the everlasting law of rectitude must, of
course, regard the question of slavery, first, and chiefly, as a moral
question. All other considerations will weigh little with him compared
with its moral character and moral influences. The following remarks,
therefore, are designed to aid the reader in forming a just moral
judgment of slavery. Great truths, inalienable rights, everlasting
duties, these will form the chief subjects of this discussion. There are
times when the assertion of great principles is the best service a man
can render society. The present is a moment of bewildering excitement,
when men's minds are stormed and darkened by strong passions and fierce
conflicts; and also a moment of absorbing worldliness, when the moral
law is made to bow to expediency, and its high and strict requirements
are decried or dismissed as metaphysical abstractions, or impracticable
theories. At such a season to utter great principles without passion,
and in the spirit of unfeigned and universal good will, and to engrave
them deeply and durably on men's minds, is to do more for the world,
than to open mines of wealth, or to frame the most successful schemes of
policy."
No man can refuse assent to these principles. The great question,
therefore, in relation to slavery is, what is right? What are the moral
principles which should control our opinions and conduct in regard to
it? Before attempting an answer to this question, it is proper to
remark, that we recognize no authoritative rule of truth and duty but
the word of God. Plausible as may be the arguments deduced from general
principles to prove a thing to be true or false, right and wrong, there
is almost always room for doubt and honest diversity of opinion. Clear
as we may think the arguments against despotism, there ever have been
thousands of enlightened and good men, who honestly believe it to be of
all forms of government the best and most acceptable to God. Unless we
can approach the consciences of men, clothed with some more imposing
authority than that of our own opinions and arguments, we shall gain
little permanent influence. Men are too nearly upon a par as to their
powers of reasoning, and ability to discover truth, to make the
conclusions of one mind an authoritative rule for others. It is our
object, therefore, not to discuss the subject of slavery upon abstract
principles, but to ascertain the scriptural rule of judgment and conduct
in relation to it. We do not intend to enter upon any minute or extended
examination of scriptural passages, because all that we wish to assume,
as to the meaning of the word of God, is so generally admitted as to
render the labored proof of it unnecessary.
It is on all hands acknowledged that, at the time of the advent of Jesus
Christ, slavery in its worst forms prevailed over the whole world. The
Saviour found it around him in Judea; the apostles met with it in Asia,
Greece and Italy. How did they treat it? Not by the denunciation of
slaveholding as necessarily and universally sinful. Not by declaring
that all slaveholders were men-stealers and robbers, and consequently to
be excluded from the church and the kingdom of heaven. Not by insisting
on immediate emancipation. Not by appeals to the passions of men on the
evils of slavery, or by the adoption of a system of universal agitation.
On the contrary, it was by teaching the true nature, dignity, equality
and destiny of men; by inculcating the principles of justice and love;
and by leaving these principles to produce their legitimate effects in
ameliorating the condition of all classes of society. We need not stop
to prove that such was the course pursued by our Saviour and his
apostles, because the fact is in general acknowledged, and various
reasons are assigned, by the abolitionists and others, to account for
it. The subject is hardly alluded to by Christ in any of his personal
instructions. The apostles refer to it, not to pronounce upon it as a
question of morals, put to prescribe the relative duties of masters and
slaves. They caution those slaves who have believing or Christian
masters, not to despise them because they were on a perfect religious
equality with them, but to consider the fact that their masters were
their brethren, as an additional reason for obedience. It is remarkable
that there is not even an exhortation to masters to liberate their
slaves, much less is it urged as an imperative and immediate duty. They
are commanded to be kind, merciful and just; and to remember that they
have a Master in heaven. Paul represents this relation as of
comparatively little account: "Let every man abide in the same calling
wherein he was called. Art thou called being a servant (or slave), care
not for it; though, should the opportunity of freedom be presented,
embrace it. These external relations, however, are of little importance,
for every Christian is a freeman in the highest and best sense of the
word, and at the same time is under the strongest bonds to Christ," 1
Cor. vii: 20-22. It is not worth while to shut our eyes to these facts.
They will remain, whether we refuse to see them and be instructed by
them or not. If we are wiser, better, more courageous than Christ and
his apostles, let us say so; but it will do no good, under a paroxysm of
benevolence, to attempt to tear the Bible to pieces, or to exhort, by
violent exegesis, a meaning foreign to its obvious sense. Whatever
inferences may be fairly deducible from the fact, the fact itself can
not be denied that Christ and his inspired followers did treat the
subject of slavery in the manner stated above. This being the case, we
ought carefully to consider their conduct in this respect, and inquire
what lessons that conduct should teach us.
We think no one will deny that the plan adopted by the Saviour and his
immediate followers must be the correct plan, and therefore obligatory
upon us, unless it can be shown that their circumstances were so
different from ours, as to make the rule of duty different in the two
cases. The obligation to point out and establish this difference, rests
of course upon those who have adopted a course diametrically the reverse
of that which Christ pursued. They have not acquitted themselves of
this obligation. They do not seem to have felt it necessary to
reconcile their conduct with his; nor does it appear to have occurred to
them, that their violent denunciations of slaveholding and of
slaveholders is an indirect reflection on his wisdom, virtue, or
courage. If the present course of the abolitionists is right, then the
course of Christ and the apostles were wrong. For the circumstances of
the two cases are, as far as we can see, in all essential particulars,
the same. They appeared as teachers of morality and religion, not as
politicians. The same is the fact with our abolitionists. They found
slavery authorized by the laws of the land. So do we. They were called
upon to receive into the communion of the Christian Church, both slave
owners and slaves. So are we. They instructed these different classes of
persons as to their respective duties. So do we. Where then is the
difference between the two cases? If we are right in insisting that
slaveholding is one of the greatest of all sins; that it should be
immediately and universally abandoned as a condition of church
communion, or admission into heaven, how comes it that Christ and his
apostles did not pursue the same course? We see no way of escape from
the conclusion that the conduct of the modern abolitionists, being
directly opposed to that of the authors of our religion, must be wrong
and ought to be modified or abandoned.
An equally obvious deduction from the fact above referred to, is, that
slaveholding is not necessarily sinful. The assumption of the contrary
is the great reason why the modern abolitionists have adopted their
peculiar course. They argue thus: slaveholding is under all
circumstances sinful, it must, therefore, under all circumstances, and
at all hazards, be immediately abandoned. This reasoning is perfectly
conclusive. If there is error any where, it is in the premises, and not
in the deduction. It requires no argument to show that sin ought to be
at once abandoned. Every thing, therefore, is conceded which the
abolitionists need require, when it is granted that slaveholding is in
itself a crime. But how can this assumption be reconciled with the
conduct of Christ and the apostles? Did they shut their eyes to the
enormities of a great offence against God and man? Did they temporize
with a henious evil, because it was common and popular? Did they abstain
from even exhorting masters to emancipate their slaves, though an
imperative duty, from fear of consequences? Did they admit the
perpetrators of the greatest crimes to the Christian communion? Who
will undertake to charge the blessed Redeemer and his inspired followers
with such connivance at sin, and such fellowship with iniquity? Were
drunkards, murderers, liars, and adulterers thus treated? Were they
passed over without even an exhortation to forsake their sins? Were they
recognized as Christians? It can not be that slaveholding belongs to the
same category with these crimes; and to assert the contrary, is to
assert that Christ is the minister of sin.
This is a point of so much importance, lying as it does at the very
foundation of the whole subject, that it deserves to be attentively
considered. The grand mistake, as we apprehend, of those who maintain
that slaveholding is itself a crime, is, that they do not discriminate
between slaveholding in itself considered, and its accessories at any
particular time or place. Because masters may treat their slaves
unjustly, or governments make oppressive laws in relation to them, is no
more a valid argument against the lawfulness of slaveholding, than the
abuse of parental authority, or the unjust political laws of certain
states, is an argument against the lawfulness of the parental relation,
or of civil government. This confusion of points so widely distinct,
appears to us to run through almost all the popular publications on
slavery, and to vitiate their arguments. Mr. Jay, for example, quotes
the second article of the constitution of the American Anti-Slavery
Society, which declares that "slaveholding is a heinous crime in the
sight of God," and then, to justify this declaration, makes large
citations from the laws of the several Southern States, to show what the
system of slavery is in this country, and concludes by saying, "This is
the system which the American Anti-Slavery Society declares to be
sinful, and ought therefore to be immediately abolished." There is,
however, no necessary connection between his premises and conclusion. We
may admit all those laws which forbid the instruction of slaves; which
interfere with their marital or parental rights; which subject them to
the insults and oppression of the whites, to be in the highest degree
unjust, without at all admitting that slaveholding itself is a crime.
Slavery may exist without any one of these concomitants. In pronouncing
on the moral character of an act, it is obviously necessary to have a
clear idea of what it is; yet how few of those who denounce slavery,
have any well-defined conception of its nature. They have a confused
idea of chains and whips, of degradation and misery, of ignorance and
vice, and to this complex conception they apply the name slavery, and
denounce it as the aggregate of all moral and physical evil. Do such
persons suppose that slavery, as it existed in the family of Abraham,
was such as their imaginations thus picture to themselves? Might not
that patriarch have had men purchased with his silver who were well
clothed, well instructed, well compensated for their labor, and in all
respects treated with parental kindness? Neither inadequate
remuneration, physical discomfort, intellectual ignorance, moral
degradation, is essential to the condition of a slave. Yet if all these
ideas are removed from the commonly received notion of slavery, how
little will remain. All the ideas which necessarily enter into the
definition of slavery are deprivation of personal liberty, obligation of
service at the discretion of another, and the transferable character of
the authority and claim of service of the master.[263] The manner in
which men are brought into this condition; its continuance, and the
means adopted for securing the authority and claim of masters, are all
incidental and variable. They may be reasonable or unreasonable, just or
unjust, at different times and places. The question, therefore, which
the abolitionists have undertaken to decide, is not whether the laws
enacted in the slaveholding States in relation to this subject are just
or not, but whether slaveholding, in itself considered, is a crime. The
confusion of these two points has not only brought the abolitionists
into conflict with the Scriptures, but it has, as a necessary
consequence, prevented their gaining the confidence of the North, or
power over the conscience of the South. When Southern Christians are
told that they are guilty of a heinous crime, worse than piracy,
robbery, or murder, because they hold slaves, when they know that Christ
and his apostles never denounced slaveholding as a crime, never called
upon men to renounce it as a condition of admission into the church,
they are shocked and offended, without being convinced. They are sure
that their accusers can not be wiser or better than their divine Master,
and their consciences are untouched by denunciations which they know,
if well founded, must affect not them only, but the authors of the
religion of the Bible.
The argument from the conduct of Christ and his immediate followers,
seems to us decisive on the point, that slaveholding, in itself
considered, is not a crime. Let us see how this argument has been
answered. In the able "Address to the Presbyterians of Kentucky,
proposing a plan for the instruction and emancipation of their slaves,
by a committee of the Synod of Kentucky," there is a strong and extended
argument to prove the sinfulness of slavery, _as it exists among us_, to
which we have little to object. When, however, the distinguished
draughter of that address comes to answer the objection, "God's word
sanctions slavery, and it can not, therefore, be sinful," he forgets the
essential limitation of the proposition which he had undertaken to
establish, and proceeds to prove that the Bible condemns slaveholding,
and not merely the kind or system of slavery which prevails in this
country. The argument drawn from the Scriptures, he says, needs no
elaborate reply. If the Bible sanctions slavery, it sanctions the kind
of slavery which then prevailed; the atrocious system which authorized
masters to starve their slaves, to torture them, to beat them, to put
them to death, and to throw them into their fish ponds. And he justly
asks, whether a man could insult the God of heaven worse than by saying
he does not disapprove of such a system? Dr. Channing presents strongly
the same view, and says, that an infidel would be laboring in his
vocation in asserting that the Bible does not condemn slavery. These
gentlemen, however, are far too clear-sighted not to discover, on a
moment's reflection, that they have allowed their benevolent feelings to
blind them to the real point at issue. No one denies that the Bible
condemns all injustice, cruelty, oppression, and violence. And just so
far as the laws then existing authorized these crimes, the Bible
condemned them. But what stronger argument can be presented, to prove
that the sacred writers did not regard slaveholding as in itself sinful,
than that while they condemn all unjust or unkind treatment (even
threatening), on the part of masters towards their slaves, they did not
condemn slavery itself? While they required the master to treat his
slave according to the law of love, they did not command him to set him
free. The very atrocity, therefore, of the system which then prevailed,
instead of weakening the argument, gives it tenfold strength. Then, if
ever, when the institution was so fearfully abused, we might expect to
hear the interpreters of the divine will, saying that a system which
leads to such results is the concentrated essence of all crimes, and
must be instantly abandoned, on pain of eternal condemnation. This,
however, they did not say, and we can not now force them to say it. They
treated the subject precisely as they did the cruel despotism of the
Roman emperors. The licentiousness, the injustice, the rapine and
murders of those wicked men, they condemned with the full force of
divine authority; but the mere extent of their power, though so liable
to abuse, they left unnoticed.
Another answer to the argument in question is, that "The New Testament
does condemn slaveholding, as _practiced among us_, in the most explicit
terms furnished by the language in which the sacred penman wrote." This
assertion is supported by saying that God has condemned slavery, because
he has specified the parts which compose it and condemned them, one by
one, in the most ample and unequivocal form.[264] It is to be remarked
that the saving clause "slaveholding _as it exists among us_," is
introduced into the statement, though it seems to be lost sight of in
the illustration and confirmation of it which follow. We readily admit,
that if God does condemn all the parts of which slavery consists, he
condemns slavery itself. But the draughter of the address has made no
attempt to prove that this is actually done in the sacred Scriptures.
That many of the attributes of the system as established by law in this
country, are condemned, is indeed very plain; but that slaveholding in
itself is condemned, has not been and can not be proved. The writer,
indeed, says, "The Greek language had a word corresponding exactly, in
signification, with our word servant, but it had none which answered
precisely to our term slave. How then was an apostle writing in Greek,
to condemn our slavery? How can we expect to find in Scripture, the
words 'slavery is sinful,' when the language in which it is written
contained no term which expressed the meaning of our word slavery?" Does
the gentleman mean to say the Greek language could not express the idea
that slaveholding is sinful? Could not the apostles have communicated
the thought that it was the duty of masters to set their slaves free?
Were they obliged from paucity of words to admit slaveholders into the
Church? We have no doubt the writer himself could, with all ease, pen a
declaration in the Greek language void of all ambiguity, proclaiming
freedom to every slave upon earth, and denouncing the vengeance of
heaven upon every man who dared to hold a fellow creature in bondage. It
is not words we care for. We want evidence that the sacred writers
taught that it was incumbent on every slaveholder, as a matter of duty,
to emancipate his slaves (which no Roman or Greek law forbade), and that
his refusing to do so was a heinous crime in the sight of God. The Greek
language must be poor indeed if it can not convey such ideas.
Another answer is given by Dr. Channing. "Slavery," he says, "in the age
of the apostle, had so penetrated society, was so intimately interwoven
with it, and the materials of servile war were so abundant, that a
religion, preaching freedom to its victims, would have armed against
itself the whole power of the State. Of consequence Paul did not assail
it. He satisfied himself with spreading principles, which, however
slowly, could not but work its destruction." To the same effect, Dr.
Wayland says, "The gospel was designed, not for one race or one time,
but for all men and for all times. It looked not at the abolition of
this form of evil for that age alone, but for its universal abolition.
Hence the important object of its author was to gain it a lodgment in
every part of the known world; so that, by its universal diffusion among
all classes of society, it might quietly and peacefully modify and
subdue the evil passions of men; and thus, without violence, work a
revolution in the whole mass of mankind. In this manner alone could its
object, a universal moral revolution, be accomplished. For if it had
forbidden the _evil_ without subduing the _principle_, if it had
proclaimed the unlawfulness of slavery, and taught slaves to _resist_
the oppression of their masters, it would instantly have arrayed the two
parties in deadly hostility throughout the civilized world; its
announcement would have been the signal of a servile war; and the very
name of the Christian religion would have been forgotten amidst the
agitations of universal bloodshed. The fact, under these circumstances,
that the gospel does not forbid slavery, affords no reason to suppose
that it does not mean to prohibit it, much less does it afford ground
for belief that Jesus Christ intended to authorize it."[265]
Before considering the force of this reasoning, it may be well to notice
one or two important admissions contained in these extracts. First,
then, it is admitted by these distinguished moralists, that the apostles
did not preach a religion proclaiming freedom to slaves; that Paul did
not assail slavery; that the gospel did not proclaim the unlawfulness of
slaveholding; it did not forbid it. This is going the whole length that
we have gone in our statement of the conduct of Christ and his apostles,
Secondly, these writers admit that the course adopted by the authors of
our religion was the only wise and proper one. Paul satisfied himself,
says Dr. Channing, with spreading principles, which, however slowly,
could not but work its destruction. Dr. Wayland says, that if the
apostles had pursued the opposite plan of denouncing slavery as a crime,
the Christian religion would have been ruined; its very name would have
been forgotten. Then how can the course of the modern abolitionists,
under circumstances so nearly similar, or even that of these reverend
gentlemen themselves be right? Why do not they content themselves with
doing what Christ and his apostles did? Why must they proclaim the
unlawfulness of slavery? Is human nature so much altered, that a course,
which would have produced universal bloodshed, and led to the very
destruction of the Christian religion, in one age, wise and Christian in
another?
Let us, however, consider the force of the argument as stated above. It
amounts to this: Christ and his apostles thought slaveholding a great
crime, but they abstained from saying so, for fear of the consequences.
The very statement of the argument, in its naked form, is its
refutation. These holy men did not refrain from condemning sin from a
regard to consequences. They did not hesitate to array against the
religion which they taught, the strongest passions of men. Nor did they
content themselves with denouncing the general principles of evil; they
condemned its special manifestations. They did not simply forbid
intemperate sensual indulgence, and leave it to their hearers to decide
what did or what did not come under that name. They declared that no
fornicator, no adulterer, no drunkard could be admitted into the kingdom
of heaven. They did not hesitate, even when a little band, a hundred and
twenty souls, to place themselves in direct and irreconcilable
opposition to the whole polity, civil and religious, of the Jewish
State. It will hardly be maintained that slavery was, at that time,
more intimately interwoven with the institutions of society than
idolatry was. It entered into the arrangements of every family; of every
city and province, and of the whole Roman empire. The emperor was the
Pontifex Maximus; every department of the State, civil and military, was
pervaded by it. It was so united with the fabric of the government that
it could not be removed without effecting a revolution in all its parts.
The apostles knew this. They knew that to denounce polytheism, was to
array against them the whole power of the State. Their divine Master had
distinctly apprized them of the result. He told them that it would set
the father against the son, and the son against the father; the mother
against the daughter, and the daughter against the mother; and that a
man's enemies should be those of his own household. He said that he came
not to bring peace, but a sword, and that such would be the opposition
to his followers, that whosoever killed them, would think he did God
service. Yet in view of these certain consequences, the apostles did
denounce idolatry, not merely in principle, but by name. The result was
precisely what Christ had foretold. The Romans, tolerant of every other
religion, bent the whole force of their wisdom and arms to extirpate
Christianity. The scenes of bloodshed, which century after century
followed the introduction of the gospel, did not induce the followers of
Christ to keep back or modify the truth. They adhered to their
declaration, that idolatry was a heinous crime. And they were right. We
expect similar conduct of our missionaries. We do not expect them to
refrain from denouncing the institutions of the heathen, as sinful,
because they are popular, or intimately interwoven with society. The
Jesuits, who adopted this plan, forfeited the confidence of Christendom,
without making converts of the heathen. It is, therefore, perfectly
evident that the authors of our religion were not withheld by these
considerations, from declaring slavery to be unlawful. If they did
abstain from this declaration, as is admitted, it must have been because
they did not consider it as in itself a crime. No other solution of
their conduct is consistent with their truth or fidelity.
Another answer to the argument from Scripture is given by Dr. Channing
and others. It is said that it proves too much; that it makes the Bible
sanction despotism, even the despotism of Nero. Our reply to this
objection shall be very brief. We have already pointed out the fallacy
of confounding slaveholding itself with the particular system of slavery
prevalent at the time of Christ, and shown that the recognition of
slaveholders as Christians, though irreconcilable with the assumption
that slavery is a heinous crime, gives no manner of sanction to the
atrocious laws and customs of that age, in relation to that subject.
Because the apostles admitted the masters of slaves to the communion of
the church, it would be a strange inference that they would have given
this testimony to the Christian character of the master who oppressed,
starved, or murdered his slaves. Such a master would have been rejected
as an oppressor, or murderer, however, not as a slaveholder. In like
manner, the declaration that government is an ordinance of God, that
magistrates are to be obeyed within the sphere of their lawful
authority; that resistance to them, when in the exercise of that
authority, is sinful,[266] gives no sanction to the oppression of the
Roman emperors, or to the petty vexations of provincial officers. The
argument urged from Scripture in favor of passive submission, is not so
exactly parallel with the argument for slavery, as Dr. Channing
supposes. They agree in some points, but they differ in others. The
former is founded upon a false interpretation of Rom. xiii: 1-3; it
supposes that passage to mean what it does not mean, whereas the latter
is founded upon the sense which Dr. C. and other opponents of slavery,
admit to be the true sense. This must be allowed to alter the case
materially. Again, the argument for the lawfulness of slaveholding, is
not founded on the mere injunction, "Slaves, obey your masters,"
analagous to the command, "Let every soul be subject to the higher
powers," but on the fact that the apostles did not condemn slavery; that
they did not require emancipation, and that they recognized slaveholders
as Christian brethren. To make Dr. Channing's argument of any force, it
must be shown that Paul not only enjoined obedience to a despotic
monarch, but that he recognized Nero as a Christian. When this is done,
then we shall admit that our argument is fairly met, and that it is just
as true that he sanctioned the conduct of Nero, as that he acknowledged
the lawfulness of slavery.
The two cases, however, are analogous as to one important point. The
fact that Paul enjoins obedience under a despotic government, is a valid
argument to prove, not that he sanctioned the conduct of the reigning
Roman emperor, but that he did not consider the possession of despotic
power a crime. The argument of Dr. C. would be far stronger, and the two
cases more exactly parallel, had one of the emperors become a penitent
believer during the apostolic age, and been admitted to the Christian
church by inspired men, notwithstanding the fact that he retained his
office and authority. But even without this latter decisive
circumstance, we acknowledge that the mere holding of despotic power is
proved not to be a crime by the fact that the apostles enjoined
obedience to those who exercised it. Thus far the arguments are
analogous; and they prove that both political despotism and domestic
slavery, belong in morals to the _adiaphora_, to things indifferent.
They may be expedient or inexpedient, right or wrong, according to
circumstances. Belonging to the same class, they should be treated in
the same way. Neither is to be denounced as necessarily sinful, and to
be abolished immediately under all circumstances and at all hazards.
Both should be left to the operation of those general principles of the
gospel, which have peacefully ameliorated political institutions, and
destroyed domestic slavery throughout the greater part of Christendom.
The truth on this subject is so obvious that it sometimes escapes
unconsciously from the lips of the most strenuous abolitionists. Mr.
Birney says: "He would have retained the power and authority of an
emperor; yet his oppressions, his cruelties would have ceased; the very
temper that prompted them, would have been suppressed; his power would
have been put forth for good and not for evil."[267] Here every thing is
conceded. The possession of despotic power is thus admitted not to be a
crime, even when it extends over millions of men, and subjects their
lives as well as their property and services to the will of an
individual. What becomes then of the arguments and denunciations of
slaveholding, which is despotism on a small scale? Would Mr. Birney
continue in the deliberate practice of a crime worse than robbery,
piracy, or murder? When he penned the above sentiment, he must have seen
that neither by the law of God nor of reason is it necessarily sinful to
sustain the relation of master over our fellow creatures; that if this
unlimited authority be used for the good of those over whom it extends
and for the glory of God, its possessor may be one of the best and most
useful of men. It is the abuse of this power for base and selfish
purposes which constitutes criminality, and not its simple possession.
He may say that the tendency to abuse absolute power is so great that it
ought never to be confided to the hands of men. This, as a general rule,
is no doubt true, and establishes the inexpediency of all despotic
governments, whether for the state or the family. But it leaves the
morality of the question just where it was, and where it was seen to be,
when Mr. Birney said he could with a good conscience be a Roman emperor,
_i. e._ the master of millions of slaves.
The consideration of the Old Testament economy leads us to the same
conclusion on this subject. It is not denied that slavery was tolerated
among the ancient people of God. Abraham had servants in his family who
were "bought with his money," Gen. xvii: 13. "Abimeleck took sheep and
oxen and men servants and maid servants and gave them unto Abraham."
Moses, finding this institution among the Hebrews and all surrounding
nations, did not abolish it. He enacted laws directing how slaves were
to be treated, on what conditions they were to be liberated, under what
circumstances they might and might not be sold; he recognizes the
distinction between slaves and hired servants, (Deut. xv: 18); he speaks
of the way by which these bondmen might be procured; as by war, by
purchase, by the right of creditorship, by the sentence of a judge, by
birth; but not by seizing on those who were free, an offense punished by
death.[268] The fact that the Mosaic institutions recognized the
lawfulness of slavery is a point too plain to need proof, and is almost
universally admitted. Our argument from this acknowledged fact is, that
if God allowed slavery to exist, if he directed how slaves might be
lawfully acquired, and how they were to be treated, it is in vain to
contend that slaveholding is a sin, and yet profess reverence for the
Scriptures. Every one must feel that if perjury, murder, or idolatry had
been thus authorized, it would bring the Mosaic institutions into
conflict with the eternal principles of morals, and that our faith in
the divine origin of one or the other must be given up.
Dr. Channing says, of this argument also, that it proves too much. "If
usages, sanctioned under the Old Testament and not forbidden under the
New, are right, then our moral code will undergo a sad deterioration.
Polygamy was allowed to the Israelites, was the practice of the holiest
men, and was common and licensed in the age of the apostles. But the
apostles no where condemn it, nor was the renunciation of it made an
essential condition of admission into the Christian Church." To this we
answer, that so far as polygamy and divorce were permitted under the old
dispensation, they were lawful, and became so by that permission; and
they ceased to be lawful when the permission was withdrawn, and a new
law given. That Christ did give a new law on this subject is abundantly
evident.[269] With regard to divorce, it is as explicit as language can
make it; and with regard to polygamy it is so plain as to have secured
the assent of every portion of the Christian churches in all ages. The
very fact that there has been no diversity of opinion or practice among
Christians with regard to polygamy, is itself decisive evidence that the
will of Christ was clearly revealed on the subject. The temptation to
continue the practice was as strong, both from the passions of men, and
the sanction of prior ages, as in regard to slavery. Yet we find no
traces of the toleration of polygamy in the Christian church, though
slavery long continued to prevail. There is no evidence that the
apostles admitted to the fellowship of Christians, those who were guilty
of this infraction of the law of marriage. It is indeed possible that in
cases where the converts had already more than one wife, the connection
was not broken off. It is evident this must have occasioned great evil.
It would lead to the breaking up of families, the separation of parents
and children, as well as husbands and wives. Under these circumstances
the connection may have been allowed to continue. It is however very
doubtful whether even this was permitted. It is remarkable that among
the numerous cases of conscience connected with marriage, submitted to
the apostles, this never occurs.
Dr. Channing uses language much too strong when he says that polygamy
was common and licensed in the days of the apostles. It was contrary
both to Roman and Grecian laws and usages until the most degenerate
periods of the history of those nations. It was very far from being
customary among the Jews, though it might have been allowed. It is
probable that it was, therefore, comparatively extremely rare in the
apostolic age. This accounts for the fact that scarcely any notice is
taken of, the practice in the New Testament. Wherever marriage is spoken
of, it seems to be taken for granted, as a well understood fact, that it
was a contract for life between one man and one woman; compare Rom. vii:
2, 3. 1 Cor. vii: 1, 2, 39. It is further to be remarked on this
subject, that marriage is a positive institution. If God had ordained
that every man should have two or more wives, instead of one, polygamy
would have been lawful. But slaveholding is denounced as a _malum in
se_; as essentially unjust and wicked. This being the case, it could at
no period of the world receive the divine sanction, much less could it
have continued in the Christian church under the direction of inspired
men, when there was nothing to prevent its immediate abolition. The
answer then of Dr. Channing is unsatisfactory, first, because polygamy
does not belong to the same category in morals as that to which
slaveholding is affirmed to belong; and secondly, because it was so
plainly prohibited by Christ and his apostles as to secure the assent of
all Christians in all ages of the church.
It is, however, argued that slavery must be sinful because it interferes
with the inalienable rights of men. We have already remarked, that
slavery, in itself considered, is a state of bondage, and nothing more.
It is the condition of an individual who is deprived of his personal
liberty, and is obliged to labor for another, who has the right to
transfer this claim of service, at pleasure. That this condition
involves the loss of many of the rights which are commonly and properly
called natural, because belonging to men, as men, is readily admitted.
It is, however, incumbent on those who maintain that slavery is, on this
account, necessarily sinful, to show that it is criminal, under all
circumstances, to deprive any set of men of a portion of their natural
rights. That this broad proposition can not be maintained is evident.
The very constitution of society supposes the forfeiture of a greater or
less amount of these rights, according to its peculiar organization.
That it is not only the privilege, but the duty of men to live together
in a regularly organized society, is evident from the nature which God
has given us; from the impossibility of every man living by and for
himself, and from the express declarations of the word of God. The
object of the formation of society is the promotion of human virtue and
happiness; and the form in which it should be organized, is that which
will best secure the attainment of this object. As, however, the
condition of men is so very various, it is impossible that the same form
should be equally conducive to happiness and virtue under all
circumstances. No one form, therefore, is prescribed in the Bible, or is
universally obligatory. The question which form is, under given
circumstances, to be adopted, is one of great practical difficulty, and
must be left to the decision of those who have the power to decide, on
their own responsibility. The question, however, does not depend upon
the degree in which these several forms may encroach upon the natural
rights of men. In the patriarchal age, the most natural, the most
feasible, and perhaps the most beneficial form of government was by the
head of the family. His power by the law of nature, and the necessity of
the case, extended without any other limit than the general principles
of morals, over his children, and in the absence of other regular
authority, would not terminate when the children arrived at a particular
age, but be continued during life. He was the natural umpire between his
adult offspring, he was their lawgiver and leader. His authority would
naturally extend over his more remote descendants, as they continued to
increase, and on his death, might devolve on the next oldest of the
family. There is surely nothing in this mode of constituting society
which is necessarily immoral. If found to be conducive to the general
good, it might be indefinitely continued. It would not suffice to render
its abrogation obligatory, to say that all men are born free and equal;
that the youth of twenty-one had as good a right to have a voice in the
affairs of the family as the aged patriarch; that the right of
self-government is indefeasible, etc. Unless it could be shown that the
great end of society was not attainable by this mode of organization,
and that it would be more securely promoted by some other, it would be
an immorality to require or to effect the change. And if a change
became, in the course of time, obviously desirable, its nature and
extent would be questions to be determined by the peculiar circumstances
of the case, and not by the rule of abstract rights. Under some
circumstances it might be requisite to confine the legislative power to
a single individual; under others to the hands of a few; and under
others to commit it to the whole community. It would be absurd to
maintain, on the ground of the natural equality of men, that a horde of
ignorant and vicious savages, should be organized as a pure democracy,
if experience taught that such a form of government was destructive to
themselves and others. These different modes of constituting civil
society are not necessarily either just or unjust, but become the one or
the other according to circumstances; and their morality is not
determined by the degree in which they encroach upon the natural rights
of men, but on the degree in which they promote or retard the progress
of human happiness and virtue. In this country we believe that the
general good requires us to deprive the whole female sex of the right of
self-government. They have no voice in the formation of the laws which
dispose of their persons and property. When married, we despoil them
almost entirely of a legal existence, and deny them some of the most
essential rights of property. We treat all minors much in the same way,
depriving them of many personal and almost all political rights, and
that too though they may be far more competent to exercise them aright
than many adults. We, moreover, decide that a majority of one may make
laws for the whole community, no matter whether the numerical majority
have more wisdom or virtue than the minority or not. Our plea for all
this is, that the good of the whole is thereby most effectually
promoted. This plea, if made out, justifies the case. In England and
France they believe that the good of the whole requires that the right
of governing, instead of being restricted, to all adult males, as we
arbitrarily determine, should be confined to that portion of the male
population who hold a given amount of property. In Prussia and Russia,
they believe with equal confidence, that public security and happiness
demand that all power should be in the hands of the king. If they are
right in their opinion, they are right in their practice. The principle
that social and political organizations are designed for the general
good, of course requires they should be allowed to change, as the
progress of society may demand. It is very possible that the feudal
system may have been well adapted to the state of Europe in the middle
ages. The change in the condition of the world, however, has gradually
obliterated almost all its features. The villein has become the
independent farmer; the lord of the manor, the simple landlord; and the
sovereign leige, in whom, according to the fiction of the system, the
fee of the whole country vested, has become a constitutional monarch. It
may be that another series of changes may convert the tenant into an
owner, the lord into a rich commoner, and the monarch into a president.
Though these changes have resulted in giving the people the enjoyment of
a larger amount of their rights than they formerly possessed, it is not
hence to be inferred that they ought centuries ago to have been
introduced suddenly or by violence. Christianity "operates as
alterative." It was never designed to tear up the institutions of
society by the roots. It produces equality not by prostrating trees of
all sizes to the ground, but by securing to all the opportunity of
growing, and by causing all to grow, until the original disparity is no
longer perceptible. All attempts, by human wisdom, to frame society, of
a sudden, after a pattern cut by the rule of abstract rights, have
failed; and whether they had failed or not, they can never be urged as a
matter of moral obligation. It is not enough, therefore, in order to
prove the sinfulness of slaveholding, to show that it interferes with
the natural rights of a portion of the community. It is in this respect
analagous to all other social institutions. They are all of them
encroachments on human rights, from the freest democracy to the most
absolute despotism.
It is further to be remarked, that all these rights suppose
corresponding duties, and where there is an incompetence for the duty,
the claim to exercise the right ceases. No man can justly claim the
exercise of any right to the injury of the community of which he is a
member. It is because females and minors are judged (though for
different reasons), incompetent to the proper discharge of the duties of
citizenship, that they are deprived of the right of suffrage. It is on
the same principle that a large portion of the inhabitants of France and
England are deprived of the same privilege. As it is acknowledged that
the slaves may be justly deprived of political rights, on the ground of
their incompetency to exercise them without injury to the community, it
must be admitted, by parity of reason, that they may be justly deprived
of personal freedom, if incompetent to exercise it with safety to
society. If this be so, then slavery is a question of circumstances, and
not a _malum in se_. It must be borne in mind that the object of these
remarks is not to prove that the American, the British, or the Russian
form of society, is expedient or otherwise; much less to show that the
slaves in this country are actually unfit for freedom, but simply to
prove that the mere fact that slaveholding interferes with natural
rights, is not enough to justify the conclusion that it is necessarily
and universally sinful.
Another very common and plausible argument on this subject is, that a
man can not be made a matter of property. He can not be degraded into a
brute or chattel, without the grossest violation of duty and propriety;
and that as slavery confers this right of property in human beings, it
must, from its very nature, be a crime. We acknowledge the correctness
of the principle on which this argument is founded, but deny that it is
applicable to the case in hand. We admit that it is not only an
enormity, but an impossibility, that a man should be made a thing, as
distinguished from a rational and moral being. It is not within the
compass of human law to alter the nature of God's creatures. A man must
be regarded and treated as a rational being, even in his greatest
degradation. That he is, in some countries and under some institutions,
deprived of many of the rights and privileges of such a being, does not
alter his nature. He must be viewed as a man under the most atrocious
system of slavery that ever existed. Men do not arraign and try on
evidence, and punish on conviction, either things or brutes. Yet slaves
are under a regular system of laws which, however unjust they may be,
recognize their character as accountable beings. When it is inferred
from the fact that the slave is called the property of his master, that
he is thereby degraded from his rank as a human being, the argument
rests on the vagueness of the term _property_. Property is the right of
possession and use, and must of necessity vary according to the nature
of the objects to which it attaches. A man has property in his wife, in
his children, in his domestic animals, in his fields and in his forests.
That is, he has the right to the possession and use of these several
objects, according to their nature. He has no more right to use a brute
as a log of wood, in virtue of the right of property, than he has to use
a man as a brute. There are general principles of rectitude, obligatory
on all men, which require them to treat all the creatures of God
according to the nature which he has given them. The man who should burn
his horse because he was his property, would find no justification in
that plea, either before God or man. When, therefore, it is said that
one man is the property of another, it can only mean that the one has a
right to use the other _as a man_, but not as a brute, or as a thing. He
has no right to treat him as he may lawfully treat his ox, or a tree. He
can convert his person to no use to which a human being may not, by the
laws of God and nature, be properly applied. When this idea of property
comes to be analyzed, it is found to be nothing more than a claim of
service either for life or for a term of years. This claim is
transferable, and is of the nature of property, and is consequently
liable for the debts of the owner, and subject to his disposal by will
or otherwise. It is probable that the slave is called the property of
his master in the statute books, for the same reason that children are
called the servants of the parents, or that wives are said to be the
same person with their husbands, and to have no separate existence of
their own. These are mere technicalities, designed to facilitate certain
legal processes. Calling a child a servant, does not alter his relation
to his father; and a wife is still a woman, though the courts may rule
her out of existence. In like manner, where the law declares, that a
slave shall be deemed and adjudged to be a chattel personal in the hands
of his master, it does not alter his nature, nor does it confer on the
master any right to use him in a manner inconsistent with that nature.
As there are certain moral principles which direct how brutes are to be
used by those to whom they belong, so there are fixed principles which
determine how a man may be used. These legal enactments, therefore, are
not intended to legislate away the nature of the slave, as a human
being; they serve to facilitate the transfer of the master's claim of
service, and to render that claim the more readily liable for his debts.
The transfer of authority and claim of service from one master to
another, is, in principle, analagous to transfer of subjects from one
sovereign to another. This is a matter of frequent occurrence. By the
treaty of Vienna, for example, a large part of the inhabitants of
central Europe changed masters. Nearly half of Saxony was transferred to
Prussia; Belgium was annexed to Holland. In like manner, Louisiana was
transferred from France to the United States. In none of these cases
were the people consulted. Yet in all, a claim of service more or less
extended, was made over from one power to another. There was a change of
masters. The mere transferable character of the master's claim to the
slave, does not convert the latter into a thing, or degrade him from his
rank as a human being. Nor does the fact that he is bound to serve for
life, produce this effect. It is only property in his time for life,
instead of for a term of years. The nature of the relation is not
determined by the period of its continuance.
It has, however, been argued that the slave is the property of his
master, not only in the sense admitted above, but in the sense assumed
in the objection, because his children are under the same obligation of
service as the parent. The hereditary character of slavery, however,
does not arise out of the idea of the slave as a chattel or thing, a
mere matter of property, it depends on the organization of society. In
England one man is born a peer, another a commoner; in Russia one man is
born a noble, another a serf; here, one is born a free citizen, another
a disfranchised outcast (the free colored man), and a third a slave.
These forms of society, as before remarked, are not necessarily, or in
themselves, either just or unjust; but become the one or the other,
according to circumstances. Under a state of things in which the best
interests of the community would be promoted by the British or Russian
organization, they would be just and acceptable to God; but under
circumstances in which they would be injurious, they would be unjust. It
is absolutely necessary, however, to discriminate between an
organization essentially vicious, and one which, being in itself
indifferent, may be right or wrong, according to circumstances. On the
same principle, therefore, that a human being in England is deprived, by
the mere accident of birth, of the right of suffrage, and in Russia has
the small portion of liberty which belongs to a commoner, or the still
smaller belonging to a serf, in this country one class is by birth
invested with all the rights of citizenship, another (females) is
deprived all political and many personal rights, and a third of even
their personal liberty. Whether this organization be right or wrong, is
not now the question. We are simply showing that the fact that the
children of slaves become by birth slaves, is not to be referred to the
idea of the master's property in the body and soul of the parent, but
results from the form of society, and is analagous to other social
institutions, as far as the principle is concerned, that children take
the rank, or the political or social condition of the parent.
We prefer being chargeable with the sin of wearisome repetition, to
leaving any room for the misapprehension of our meaning. We, therefore,
again remark that we are discussing the mere abstract morality of these
forms of social organization, and not their expediency. We have in view
the vindication of the character of the inspired writings and inspired
men from the charge of having overlooked the blackest of human crimes,
and of having recognized the worst of human beings as Christians. We
say, therefore, that an institution which deprives a certain portion of
the community of their personal liberty, places them under obligation of
service to another portion, is no more necessarily sinful than one which
invests an individual with despotic power (such as Mr. Birney would
consent to hold); or than one which limits the right of government to a
small portion of the people, or restricts it to the male part of the
community. However inexpedient, under certain circumstances, any one of
these arrangements may be, they are not necessarily immoral, nor do they
become such, from the fact that the accident of birth determines the
relation in which one part of the community is to stand to the other. In
ancient Egypt, as in modern India, birth decided the position and
profession of every individual. One was born a priest, another a
merchant, another a laborer, another a soldier. As there must always be
these classes, it is no more necessarily immoral, to have them all
determined by hereditary descent, than it was among the Israelites to
have all the officers of religion from generation to generation thus
determined; or that birth should determine the individual who is to fill
a throne, or occupy a seat in parliament.
Again, Dr. Wayland argues, if the right to hold slaves be conceded,
"there is of course conceded all other rights necessary to insure its
possession. Hence, inasmuch as the slave can be held in this condition
only while he remains in the lowest state of mental imbecility, it
supposes the master to have the right to control his intellectual
development just as far as may be necessary to secure entire
subjection."[270] He reasons in the same way, to show that the religious
knowledge and even eternal happiness of the slave are as a matter of
right conceded to the power of the master, if the right of slaveholding
is admitted. The utmost force that can be allowed to this argument is,
that the right to hold slaves includes the right to exercise all
_proper_ means to insure its possession. It is in this respect on a par
with all other rights of the same kind. The right of parents to the
service of their children, of husbands to the obedience of their wives,
of masters over their apprentices, of creditors over their debtors, of
rulers over their subjects, all suppose the right to adopt proper means
for their secure enjoyment. They, however, give no sanction to the
employment of any and every means which cruelty, suspicion, or jealousy
may choose to deem necessary, nor of any which would be productive of
greater general evil than the forfeiture of the rights themselves.
According to the ancient law even among the Jews, the power of life and
death was granted to the parent; we concede only the power of
correction. The old law gave the same power to the husband over the
wife. The Roman law confided the person and even life of the debtor to
the mercy of the creditor. According to the reasoning of Dr. Wayland,
all these laws must be sanctioned if the rights which they were deemed
necessary to secure, are acknowledged. It is clear, however, that the
most unrighteous means may be adopted to secure a proper end, under the
plea of necessity. The justice of the plea must be made out on its own
grounds, and can not be assumed on the mere admission of the propriety
of the end aimed at. Whether the slaves of this country may be safely
admitted to the enjoyments of personal liberty, is a matter of dispute;
but that they could not, consistently with the public welfare, be
intrusted with the exercise of political power, is in on all hands
admitted. It is, then, the acknowledged right of the state to govern
them by laws in the formation of which they have no voice. But it is the
universal plea of the depositaries of irresponsible power, sustained too
by almost universal experience, that men can be brought to submit to
political despotism only by being kept in ignorance and poverty. Dr.
Wayland, then, if he concedes the right of the state to legislate for
the slaves, must, according to his own reasoning, acknowledge the right
to adopt all the means necessary for the security of this irresponsible
power, and of consequence, that the state has the right to keep the
blacks in the lowest state of degradation. If he denies the validity of
this argument in favor of political despotism, he must renounce his own
against the lawfulness of domestic slavery. Dr. Wayland himself would
admit the right of the Emperor of Russia to exercise a degree of power
over his present half civilized subjects, which could not be maintained
over an enlightened people, though he would be loth to acknowledge his
right to adopt all the means necessary to keep them in their present
condition. The acknowledgment, therefore, of the right to hold slaves,
does not involve the acknowledgment of the right to adopt measures
adapted and intended to perpetuate their present mental and physical
degradation.
We have entered much more at length into the abstract argument on this
subject than we intended. It was our purpose to confine our remarks to
the scriptural view of the question. But the consideration of the
objections derived from the general principles of morals, rendered it
necessary to enlarge our plan. As it appears to us too clear to admit of
either denial or doubt, that the Scriptures do sanction slaveholding;
that under the old dispensation it was expressly permitted by divine
command, and under the New Testament is nowhere forbidden or denounced,
but on the contrary, acknowledged to be consistent with the Christian
character and profession (that is, consistent with justice, mercy,
holiness, love to God and love to man), to declare it to be a heinous
crime, is a direct impeachment of the word of God. We, therefore, felt
it incumbent upon us to prove, that the sacred Scriptures are not in
conflict with the first principles of morals; that what they sanction is
not the blackest and basest of all offenses in the sight of God. To do
this, it was necessary to show what slavery is, to distinguish between
the relation itself, and the various cruel or unjust laws which may be
made either to bring men into it, or to secure its continuance; to show
that it no more follows from the admission that the Scriptures sanction
the right of slaveholding, that it, therefore, sanctions all the
oppressive slave laws of any community, than it follows from the
admission of the propriety of parental, conjugal, or political
relations, that it sanctions all the conflicting codes by which these
relations have at different periods and in different countries been
regulated.
We have had another motive in the preparation of this article. The
assumption that slaveholding is itself a crime, is not only an error,
but it is an error fraught with evil consequences. It not merely brings
its advocates into conflict with the Scriptures, but it does much to
retard the progress of freedom; it embitters and divides the members of
the community, and distracts the Christian church. Its operation in
retarding the progress of freedom is obvious and manifold. In the first
place, it directs the battery of the enemies of slavery to the wrong
point. It might be easy for them to establish the injustice or cruelty
of certain slave laws, where it is not in their power to establish the
sinfulness of slavery itself.[271] They, therefore, waste their
strength. Nor is this the least evil. They promote the cause of their
opponents. If they do not discriminate between slaveholding and the
slave laws, it gives the slaveholder not merely an excuse but an
occasion and a reason for making no such distinction. He is thus led to
feel the same conviction in the propriety of the one that he does in
that of the other. His mind and conscience may be satisfied that the
mere act of holding slaves is not a crime. This is the point, however,
to which the abolitionist directs his attention. He examines their
arguments, and becomes convinced of their inconclusiveness, and is not
only thus rendered impervious to their attacks, but is exasperated by
what he considers their unmerited abuse. In the mean time his attention
is withdrawn from far more important points;--the manner in which he
treats his slaves, and the laws enacted for the security of his
possession. These are points on which his judgment might be much more
readily convinced of error, and his conscience of sin.
In the second place, besides fortifying the position and strengthening
the purpose of the slaveholder, the error in question divides and
weakens the friends of freedom. To secure any valuable result by public
sentiment, you must satisfy the public mind and rouse the public
conscience. Their passions had better be allowed to rest in peace. As
the anti-slavery societies declare it to be their object to convince
their fellow-citizens that slaveholding is necessarily a heinous crime
in the sight of God, we consider their attempt as desperate, so long as
the Bible is regarded as the rule of right and wrong. They can hardly
secure either the verdict of the public mind or of the public conscience
in behalf of this proposition. Their success hitherto has not been very
encouraging, and is certainly not very flattering, if Dr. Channing's
account of the class of persons to whom they have principally addressed
their arguments, is correct. The tendency of their exertions, be their
success great or small, is not to unite, but to divide. They do not
carry the judgment or conscience of the people with them. They form,
therefore, a class by themselves. Thousands who earnestly desire to see
the South convinced of the injustice and consequent impolicy of their
slave laws, and under this conviction, of their own accord, adopting
those principles which the Bible enjoins, and which tend to produce
universal intelligence, virtue, liberty and equality, without violence
and sudden change, and which thus secure private and public prosperity,
stand aloof from the abolitionists, not merely because they disapprove
of their spirit and mode of action, but because they do not admit their
fundamental principle.
In the third place, the error in question prevents the adoption of the
most effectual means of extinguishing slavery. These means are not the
opinions or feelings of the non-slaveholding States, nor the
denunciations of the holders of slaves, but the improvement,
intellectual and moral, of the slaves themselves. Slavery has but two
natural and peaceful modes of death. The one is the increase of the
slave population until it reaches the point of being unproductive. When
the number of slaves becomes so great that the master can not profitably
employ them, he manumits them in self-defense. This point would probably
have been reached long ago, in many of the Southern States, had not the
boundless extent of the south-western section of the Union presented a
constant demand for the surplus hands. Many planters in Virginia and
Maryland, whose principles or feelings revolt at the idea of selling
their slaves to the South, find that their servants are gradually
reducing them to poverty, by consuming more than they produce. The
number, however, of slaveholders who entertain these scruples is
comparatively small. And as the demand for slave labor in the still
unoccupied regions of the extreme south-west is so great, and is likely
to be so long continued, it is hopeless to think of slavery dying out by
becoming a public burden. The other natural and peaceful mode of
extinction, is the gradual elevation of the slaves in knowledge, virtue,
and property to the point at which it is no longer desirable or possible
to keep them in bondage.[272] Their chains thus gradually relax, until
they fall off entirely. It is in this way that Christianity has
abolished both political and domestic bondage, whenever it has had free
scope. It enjoins a fair compensation for labor; it insists on the moral
and intellectual improvement of all classes of men; it condemns all
infractions of marital or parental rights; in short, it requires not
only that free scope should be allowed to human improvement, but that
all suitable means should be employed for the attainment of that end.
The feudal system, as before remarked, has, in a great measure, been
thus outgrown in all the European states. The third estate, formerly
hardly recognized as having an existence, is becoming the controlling
power in most of those ancient communities. The gradual improvement of
the people rendered it impossible, and undesirable to deprive them of
their just share in the government. And it is precisely in those
countries where this improvement is most advanced that the feudal
institutions are the most completely obliterated, and the general
prosperity the greatest. In like manner the gospel method of
extinguishing slavery is by improving the condition of the slave. The
grand question is, How is this to be done? The abolitionist answers, by
immediate emancipation. Perhaps he is right, perhaps he is wrong; but
whether right or wrong, it is not the practical question for the North.
Among a community which have the power to emancipate, it would be
perfectly proper to urge that measure on the ground of its being the
best means of promoting the great object of the advancement of human
happiness and virtue. But the error of the abolitionists is, that they
urge this measure from the wrong quarter, and upon the wrong ground.
They insist upon immediate abolition because slavery is a sin, and its
extinction a duty. If, however, slaveholding is not in itself sinful,
its abolition is not necessarily a duty. The question of duty depends
upon the effects of the measure, about which men may honestly differ.
Those who believe that it would advance the general good, are bound to
promote it; while those who believe the reverse, are equally bound to
resist it. The abolitionists, by insisting upon one means of
improvement, and that on untenable ground, are most effectually working
against the adoption of any other means, by destroying the disposition
and power to employ them. It is in this way that the error to which we
have referred throughout this article, is operating most
disadvantageously for the cause of human liberty and happiness. The fact
is, that the great duty of the South is not emancipation; but
improvement.[273] The former is obligatory only as a means to an end,
and, therefore, only under circumstances where it would promote that
end. In like manner the great duty of despotic governments is not the
immediate granting of free institutions, but the constant and assiduous
cultivation of the best interests (knowledge, virtue, and happiness) of
the people. Where free institutions would conduce to this object, they
would be granted, and just so far and so fast as this becomes apparent.
Again, the opinion that slaveholding is itself a crime, must operate to
produce the disunion of the States, and the division of all the
ecclesiastical societies in this country. The feelings of the people may
be excited violently for a time, but the transport soon passes away. But
if the conscience is enlisted in the cause, and becomes the controlling
principle, the alienation between the North and the South must become
permanent. The opposition to Southern institutions will become calm,
constant, and unappeasable. Just so far as this opinion operates, it
will lead those who entertain it to submit to any sacrifices to carry it
out, and give it effect. We shall become two nations in feeling, which
must soon render us two nations in fact. With regard to the church, its
operation will be more summary. If slaveholding is a heinous crime,
slaveholders must be excluded from the church. Several of our
judicatories have already taken this position. Should the General
Assembly adopt it, the church is ipso facto, divided. If the opinion in
question is correct, it must be maintained, whatever are the
consequences. We are no advocates of expediency in morals. We have no
more right to teach error in order to prevent evil, than we have a right
to do evil to promote good. On the other hand, if the opinion is
incorrect, its evil consequences render it a duty to prove and exhibit
its unsoundness. It is under the deep impression that the primary
assumption of the abolitionists is an error, that its adoption tends to
the distraction of the country, and the division of the church; and that
it will lead to the longer continuance and greater severity of slavery,
that we have felt constrained to do what little we could towards its
correction.