CHAPTER V. THE VINDICATION OF LIBERTY

With the changed attitude of the South towards emancipation there was

associated an active hostility to dearly bought human liberty. Freedom

of speech, freedom of the press, freedom of worship, the right of

assembly, trial by jury, the right of petition, free use of the mails,

and numerous other fundamental human rights were assailed. Birney

and other abolitionists who had immediate knowledge of slavery early

perceived that the real question at issue was quite as much the

continued liberty of the white man as it was the liberation of the black

man and that the enslavement of one race involved also the ultimate

essential enslavement of the other.

In 1831 two slave States and six free States still extended to free

negroes the right to vote. During the pro-slavery crusade these

privileges disappeared; and not only so, but free negroes were banished

from certain States, or were not permitted to enter them, or were

allowed to remain only by choosing a white man for a guardian. It was

made a crime to teach negroes, whether slaves or free men, to read and

write. Under various pretexts free negroes were reduced to slavery.

Freedom of worship was denied to negroes, and they were not allowed to

assemble for any purpose except under the strict surveillance of white

men. Negro testimony in a court of law was invalid where the rights of a

white man were involved. The right of a negro to his freedom was decided

by an arbitrary court without a jury, while the disputed right of a

white man to the ownership of a horse was conditioned by the safeguard

of trial by jury.

The maintenance of such policies carries with it of necessity the

suppression of free discussion. When Southern leaders adopted the policy

of defending slavery as a righteous institution, abolitionists in the

South either emigrated to the North or were silenced. In either case

they were deprived of a fundamental right. The spirit of persecution

followed them into the free States. Birney could not publish his paper

in Kentucky, nor even at Cincinnati, save at the risk of his life.

Elijah Lovejoy was not allowed to publish his paper in Missouri,

and, when he persisted in publishing it in Illinois, he was brutally

murdered. Even in Boston it required men of courage and determination

to meet and organize an anti-slavery society in 1832, though only a

few years earlier Benjamin Lundy had traveled freely through the South

itself delivering anti-slavery lectures and organizing scores of such

societies. The New York Anti-Slavery Society was secretly organized in

1832 in spite of the opposition of a determined mob. Mob violence was

everywhere rife. Meetings were broken up, negro quarters attacked,

property destroyed, murders committed.

Fair-minded men became abolitionists on account of the crusade against

the rights of white men quite as much as from their interest in the

rights of negroes. Salmon P. Chase of Ohio was led to espouse the cause

by observing the attacks upon the freedom of the press in Cincinnati.

Gerrit Smith witnessed the breaking up of an anti-slavery meeting in

Utica, New York, and thereafter consecrated his time, his talents, and

his great wealth to the cause of liberty. Wendell Phillips saw Garrison

in the hands of a Boston mob, and that experience determined him to make

common cause with the martyr. And the murder of Lovejoy in 1837 made

many active abolitionists.

It is difficult to imagine a more inoffensive practice than giving

to negro girls the rudiments of an education. Yet a school for this

purpose, taught by Miss Prudence Crandall in Canterbury, Connecticut,

was broken up by persistent persecution, a special act of the

Legislature being passed for the purpose, forbidding the teaching

of negroes from outside the State without the consent of the town

authorities. Under this act Miss Crandall was arrested, convicted, and

imprisoned.

Having eliminated free discussion from the South, the Southern States

sought to accomplish the same object in the North. In pursuance of a

resolution of the Legislature, the Governor of Georgia offered a reward

of five thousand dollars to any one who should arrest, bring to trial,

and prosecute to conviction under the laws of Georgia the editor of

the Liberator. R. G. Williams, publishing agent for the American

Anti-Slavery Society, was indicted by a grand jury of Tuscaloosa County,

Alabama, and Governor Gayle of Alabama made a requisition on Governor

Marcy of New York for his extradition. Williams had never been in

Alabama. His offense consisted in publishing in the New York Emancipator

a few rather mild utterances against slavery.

Governor McDuffie of South Carolina in an official message declared

that slavery was the very corner-stone of the republic, adding that

the laboring population of any country, "bleached or unbleached," was

a dangerous element in the body politic, and predicting that within

twenty-five years the laboring people of the North would be virtually

reduced to slavery. Referring to abolitionists, he said: "The laws of

every community should punish this species of interference with death

without benefit of clergy." Pursuant to the Governor's recommendation,

the Legislature adopted a resolution calling upon non-slaveholding

States to pass laws to suppress promptly and effectively all abolition

societies. In nearly all the slave States similar resolutions

were adopted, and concerted action against anti-slavery effort was

undertaken. During the winter of 1835 and 1836, the Governors of the

free States received these resolutions from the South and, instead of

resenting them as an uncalled-for interference with the rights of free

commonwealths, they treated them with respect. Edward Everett, Governor

of Massachusetts, in his message presenting the Southern documents to

the Legislature, said: "Whatever by direct and necessary operation is

calculated to excite an insurrection among the slaves has been held, by

highly respectable legal authority, an offense against this Commonwealth

which may be prosecuted as a misdemeanor at common law." Governor Marcy

of New York, in a like document, declared that "without the power to

pass such laws the States would not possess all the necessary means for

preserving their external relations of peace among themselves." Even

before the Southern requests reached Rhode Island, the Legislature had

under consideration a bill to suppress abolition societies.

When a committee of the Massachusetts Legislature had been duly

organized to consider the documents received from the slave States, the

abolitionists requested the privilege of a hearing before the committee.

Receiving no reply, they proceeded to formulate a statement of their

case; but before they could publish it, they were invited to appear

before the joint committee of the two houses. The public had been

aroused by the issue and there was a large audience. The case for

the abolitionists was stated by their ablest speakers, among whom was

William Lloyd Garrison. They labored to convince the committee that

their utterances were not incendiary, and that any legislative censure

directed against them would be an encouragement to mob violence and the

persecution which was already their lot. After the defensive arguments

had been fully presented, William Goodell took the floor and proceeded

to charge upon the Southern States which had made these demands a

conspiracy against the liberties of the North. In the midst of great

excitement and many interruptions by the chairman of the committee, he

quoted the language of Governor McDuffie's message, and characterized

the documents lying on the table before him as "fetters for Northern

freemen." Then, turning to the committee, he began, "Mr. Chairman, are

you prepared to attempt to put them on?"--but the sentence was only half

finished when the stentorian voice of the chairman interrupted him: "Sit

down, sir!" and he sat down. The committee then arose and left the room.

But the audience did not rise; they waited till other abolitionists

found their tongues and gave expression to a fixed determination to

uphold the liberties purchased for them by the blood of their fathers.

The Massachusetts Legislature did not comply with the request of

Governor McDuffie of South Carolina to take the first step towards the

enslavement of all laborers, white as well as black. And Rhode Island

refused to enact into law the pending bill for the suppression of

anti-slavery societies. They declined to violate the plain requirements

of their Constitution that the interests of slavery might be promoted.

Not many years later they were ready to strain or break the Constitution

for the sake of liberty.

In the general crusade against liberty churches proved more pliable

than States. The authority of nearly all the leading denominations

was directed against the abolitionists. The General Conference of the

Methodist Episcopal Church passed in 1836 a resolution censuring two of

their members who had lectured in favor of modern abolitionism. The

Ohio Conference of the same denomination had passed resolutions urging

resistance to the anti-slavery movement. In June, 1836, the New York

Conference decided that no one should be chosen as deacon or elder who

did not give pledge that he would refrain from agitating the church on

the subject.

The same spirit appeared in theological seminaries. The trustees of Lane

Seminary, near Cincinnati, Ohio, voted that students should not organize

or be members of anti-slavery societies or hold meetings or lecture or

speak on the subject. Whereupon the students left in a body, and many

of the professors withdrew and united with others in the founding of an

anti-slavery college at Oberlin.

A persistent attack was also directed against the use of the United

States mails for the distribution of anti-slavery literature. Mob

violence which involved the post-office began as early as 1830, when

printed copies of Miss Grimke's Appeal to the Christian Women of the

South were seized and burned in Charleston. In 1835 large quantities of

anti-slavery literature were removed from the Charleston office and

in the presence of the assembled citizens committed to the flames.

Postmasters on their own motion examined the mails and refused

to deliver any matter that they deemed incendiary. Amos Kendall,

Postmaster-General, was requested to issue an order authorizing such

conduct. He replied that he had no legal authority to issue such an

order. Yet he would not recommend the delivery of such papers. "We owe,"

said he, "an obligation to the laws, but a higher one to the communities

in which we live, and if the former be perverted to destroy the latter,

it is patriotism to disregard them. Entertaining these views, I cannot

sanction, and will not condemn, the step you have taken." This is an

early instance of the appeal to the "higher law" in the pro-slavery

controversy. The higher law was invoked against the freedom of the

press. The New York postmaster sought to dissuade the Anti-slavery

Society from the attempt to send its publications through the mails into

Southern States. In reply to a request for authorization to refuse to

accept such publications, the Postmaster-General replied: "I am

deterred from giving an order to exclude the whole series of abolition

publications from the Southern mails only by a want of legal power, and

if I were situated as you are, I would do as you have done."

Mr. Kendall's letters to the postmasters of Charleston and New York

were written in July and August, 1835. In December of the same year,

presumably with full knowledge that a member of his Cabinet was

encouraging violations of law in the interest of slavery, President

Jackson undertook to supply the need of legal authorization. In his

annual message he made a savage attack upon the abolitionists and

recommended to Congress the "passing of such a law as will prohibit,

under severe penalties, the circulation in the Southern States, through

the mail, of incendiary publications."

This part of the President's message was referred to a select committee,

of which John C. Calhoun was chairman. The chairman's report was against

the adoption of the President's recommendation because a subject of

such vital interest to the States ought not to be left to Congress.

The admission of the right of Congress to decide what is incendiary,

asserted the report, carries with it the power to decide what is

not incendiary and hence Congress might authorize and enforce the

circulation of abolition literature through the mails in all the States.

The States should themselves severally decide what in their judgment is

incendiary, and then it would become the duty of the general Government

to give effect to such state laws. The bill recommended was in harmony

with this view. It was made illegal for any deputy postmaster "to

deliver to any person whatsoever, any pamphlet, newspaper, handbill, or

other printed paper, or pictorial representation touching the subject

of slavery, where by the laws of the said State, territory, or district

their circulation is prohibited." The bill was defeated in the Senate by

a small margin. Altogether there was an enlightening debate on the whole

subject. The exposure of the abuse of tampering with the mail created a

general reaction, which enabled the abolitionists to win a spectacular

victory. Instead of a law forbidding the circulation of anti-slavery

publications, Congress enacted a law requiring postal officials under

heavy penalties to deliver without discrimination all matter committed

to their charge. This act was signed by President Jackson, and Calhoun

himself was induced to admit that the purposes of the abolitionists were

not violent and revolutionary. Henceforth abolitionists enjoyed their

full privileges in the use of the United States mail. An even more

dramatic victory was thrust upon the abolitionists by the inordinate

violence of their opponents in their attack upon the right of petition.

John Quincy Adams, who became their distinguished champion, was not

himself an abolitionist. When, as a member of the lower House of

Congress in 1831, he presented petitions from certain citizens of

Pennsylvania, presumably Quakers, requesting Congress to abolish

slavery and the slave-trade in the District of Columbia, he refused to

countenance their prayer, and expressed the wish that the memorial

might be referred without debate. At the very time when a New England

ex-President was thus advising abolitionists to desist from sending

petitions to Congress, the Virginia Legislature was engaged in the

memorable debate upon a similar petition from Virginia Quakers, in which

most radical abolition sentiment was expressed by actual slaveowners.

Adams continued to present anti-slavery memorials and at the same time

to express his opposition to the demands of the petitioners. When

in 1835 there arose a decided opposition to the reception of such

documents, Adams, still in apparent sympathy with the pro-slavery South

on the main issue, gave wise counsel on the method of dealing with

petitions. They should be received, said he, and referred to a

committee; because the right of petition is sacred. This, he maintained,

was the best way to avoid disturbing debate on the subject of slavery.

He quoted his own previous experience; he had made known his opposition

to the purposes of the petitioners; their memorials were duly referred

to a committee and there they slept the sleep of death. At that time

only one voice had been raised in the House in support of the abolition

petitioners, that of John Dickson of New York, who had delivered a

speech of two hours in length advocating their cause; but not a voice

was raised in reply. Mr. Adams mentioned this incident with approval.

The way to forestall disturbing debate in Congress, he said, was

scrupulously to concede all constitutional rights and then simply to

refrain from speaking on the subject.

This sound advice was not followed. For several months a considerable

part of the time of the House was occupied with the question of handling

abolition petitions. And finally, in May, 1836, the following resolution

passed the House: "Resolved, That all petitions, memorials, resolutions,

propositions, or papers relating in any way or to any extent whatever to

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

either printed or referred, be laid on the table, and that no further

action whatever shall be had thereon." This is commonly known as the

"gag resolution." During four successive years it was reenacted in one

form or another and was not repealed by direct vote until 1844.

When the name of Mr. Adams was called in the vote upon the passage of

the above resolution, instead of answering in the ordinary way, he said:

"I hold the resolution to be a direct violation of the Constitution of

the United States, of the rules of this House, and of the rights of my

constituents." This was the beginning of the duel between the "old man

eloquent" and a determined majority in the House of Representatives.

Adams developed undreamed-of resources as a debater and parliamentarian.

He made it his special business to break down the barrier against the

right of petition. Abolitionists cooperated with zeal in the effort.

Their champion was abundantly supplied with petitions. The gag

resolution was designed to prevent all debate on the subject of slavery.

Its effect in the hands of the shrewd parliamentarian was to foment

debate. On one occasion, with great apparent innocence, after presenting

the usual abolition petitions, Adams called the attention of the Speaker

to one which purported to be signed by twenty-two slaves and asked

whether such a petition should be presented to the House, since he was

himself in doubt as to the rules applicable in such a case. This led to

a furious outbreak in the House which lasted for three days. Adams was

threatened with censure at the bar of the House, with expulsion, with

the grand jury, with the penitentiary; and it is believed that only his

great age and national repute shielded him from personal violence. After

numerous passionate speeches had been delivered, Adams injected a few

important corrections into the debate. He reminded the House that he

had not presented a petition purporting to emanate from slaves; on the

contrary, he had expressly declined to present it until the Speaker

had decided whether a petition from slaves was covered by the rule.

Moreover, the petition was not against slavery but in favor of slavery.

He was then charged with the crime of trifling with the sensibilities

of the House; and finally the champion of the right of petition took

the floor in his own defense. His language cut to the quick. His

calumniators were made to feel the force of his biting sarcasm. They

were convicted of injustice, and all their resolutions of censure were

withdrawn. The victory was complete.

After the year 1838 John Quincy Adams had the effective support of

Joshua R. Giddings from the Western Reserve, Ohio--who also fought a

pitched battle of his own which illustrates another phase of the crusade

against liberty. The ship Creole had sailed from Baltimore to New

Orleans in 1841 with a cargo of slaves. The negroes mutinied on the high

seas, slew one man, gained possession of the vessel, sailed to Nassau,

and were there set free by the British Government. Prolonged diplomatic

negotiations followed in which our Government held that, as slaves were

property in the United States, they continued to be such on the high

seas. In the midst of the controversy, Giddings introduced a resolution

into the House, declaring that slavery, being an abridgment of liberty,

could exist only under local rules, and that on the high seas there can

be no slavery. For this act Giddings was arraigned and censured by

the House. He at once resigned, but was reelected with instructions to

continue the fight for freedom of debate in the House.

In the campaign against the rights of freemen mob violence was first

employed, but in the South the weapon of repressive legislation was

soon substituted, and this was powerfully supplemented by social and

religious ostracism. Except in a few districts in the border States,

these measures were successful. Public profession of abolitionism was

suppressed. The violence of the mob was of much longer duration in the

North and reached its height in the years 1834 and 1835. But Northern

mobs only quickened the zeal of the abolitionists and made converts to

their cause. The attempt to substitute repressive state legislation had

the same effect, and the use of church authority for making an end of

the agitation for human liberty was only temporarily influential.

As early as 1838 the Presbyterian Church was divided over questions of

doctrine into Old School and New School Presbyterians. This served to

forestall the impending division on the slavery question. The Old School

in the South became pro-slavery and the New School in the North became

anti-slavery. At the same time the Methodist Church of the entire

country was beset by a division on the main question. In 1844 Southern

Methodist Episcopalian conferences resolved upon separation and

committed themselves to the defense of slavery. The division in the

Methodist Church was completed in 1846. A corresponding division took

place in the Baptist Church in 1845. The controversy was dividing the

country into a free North and an enslaved South, and Southern white men

as well as negroes were threatened with subjection to the demands of the

dominant institution.

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