_To His Excellency George N. Briggs_:
SIR--Many years since, I received from the Executive of the
Commonwealth a commission as Justice of the Peace. I have held the
office that it conferred upon me till the present time, and have
found it a convenience to myself, and others. It might continue to
be so, could I consent longer to hold it. But paramount
considerations forbid, and I herewith transmit to you my commission,
respectfully asking you to accept my resignation.
While I deem it a duty to myself to take this step, I feel called on
to state the reasons that influence me.
In entering upon the duties of the office in question, I complied
with the requirements of the law, by taking an oath "_to support the
Constitution of the United States_." I regret that I ever took that
oath. Had I then as maturely considered its full import, and the
obligations under which it is understood, and meant to lay those who
take it, as I have done since, I certainly never would have taken it,
seeing, as I now do, that the Constitution of the United States
contains provisions calculated and intended to foster, cherish,
uphold and perpetuate _slavery_. It pledges the country to guard and
protect the slave system so long as the slaveholding States choose
to retain it. It regards the slave code as lawful in the States
which enact it. Still more, "it has done that, which, until its
adoption, was never before done for African slavery. It took it out
of its former category of municipal law and local life, adopted it
as a national institution, spread around it the broad and sufficient
shield of national law, and thus gave to slavery a national existence."
Consequently, the oath to support the Constitution of the United
States is a solemn promise to do that which is morally wrong; that
which is a violation of the natural rights of man, and a sin in the
sight of God.
I am not, in this matter, constituting myself a judge of others. I
do not say that no honest man can take such an oath, and abide by it.
I only say, that _I_ would not now deliberately take it; and that,
having inconsiderately taken it, I can no longer suffer it to lie
upon my soul. I take back the oath, and ask you, sir, to take back
the commission, which was the occasion of my taking it.
I am aware that my course in this matter is liable to be regarded as
singular, if not censurable; and I must, therefore, be allowed to
make a more specific statement of those _provisions of the
Constitution_ which support the enormous wrong, the heinous sin of
slavery.
The very first Article of the Constitution takes slavery at once
under its legislative protection, as a basis of representation in
the popular branch of the National Legislature. It regards slaves
under the description "of all other _persons_"--as of only
three-fifths of the value of free persons; thus to appearance
undervaluing them in comparison with freemen. But its dark and
involved phraseology seems intended to blind us to the consideration,
that those underrated slaves are merely a _basis_, not the _source_
of representation; that by the laws of all the States where they live,
they are regarded not as _persons_; but as _things_; that they are
not the _constituency_ of the representative, but his property; and
that the necessary effect of this provision of the Constitution is,
to take legislative power out of the hands of _men_, as such, and
give it to the mere possessors of goods and chattels. Fixing upon
thirty thousand persons, as the smallest number that shall send one
member into the House of Representatives, it protects slavery by
distributing legislative power in a free and in a slave State thus:
To a congressional district in South Carolina, containing fifty
thousand slaves, claimed as the property of five hundred whites, who
hold, on an average, one hundred apiece, it gives one Representative
in Congress; to a district in Massachusetts containing a population
of thirty thousand five hundred, one Representative is assigned. But
inasmuch as a slave is never permitted to vote, the fifty thousand
persons in a district in Carolina form no part of "the constituency;"
that is found only in the five hundred free persons. Five hundred
freemen of Carolina could send one Representative to Congress, while
it would take thirty thousand five hundred freemen of Massachusetts,
to do the same thing: that is, one slaveholder in Carolina is
clothed by the Constitution with the same political power and
influence in the Representatives Hall at Washington, as sixty
Massachusetts men like you and me, who "eat their bread in the sweat
of their own brows."
According to the census of 1830, and the ratio of representation
based upon that, slave property added twenty-five members to the
House of Representatives. And as it has been estimated, (as an
approximation to the truth,) that the two and a half million slaves
in the United States are held as property by about two hundred and
fifty thousand persons--giving an average of ten slaves to each
slaveholder, those twenty-five Representatives, each chosen, at most,
by only ten thousand voters, and probably by less than three-fourths
of that number, were the representatives, not only of the two
hundred and fifty thousand persons who chose them; but of _property_
which, five years ago, when slaves were lower in market, than at
present, were estimated, by the man who is now the most prominent
candidate for the Presidency, at twelve hundred millions of dollars--a
sum, which, by the natural increase of five years, and the enhanced
value resulting from a more prosperous state of the planting
interest, cannot now be less than fifteen hundred millions of dollars.
All this vast amount of property, as it is "peculiar," is also
identical in its character. In Congress, as we have seen, it is
animated by one spirit, moves in one mass, and is wielded with one
aim; and when we consider that tyranny is always timid, and despotism
distrustful, we see that this vast money power would be false to
itself, did it not direct all its eyes and hands, and put forth all
its ingenuity and energy, to one end--self-protection and
self-perpetuation. And this it has ever done. In all the vibrations
of the political scale, whether in relation to a Bank or Sub-Treasury,
Free Trade or a Tariff, this immense power has moved, and will
continue to move, in one mass, for its own protection.
While the weight of the slave influence is thus felt in the House of
Representatives, "in the Senate of the Union," says John Quincy Adams,
"the proportion of slaveholding power is still greater. By the
influence of slavery in the States where the institution is tolerated,
over their elections, no other than a slaveholder can rise to the
distinction of obtaining a seat in the Senate; and thus, of the
fifty-two members of the federal Senate, twenty-six are owners of
slaves, and are as effectually representatives of that interest, as
the eighty-eight members elected by them to the House."
The dominant power which the Constitution gives to the slave interest,
as thus seen and exercised in the _Legislative Halls_ of our nation,
is equally obvious and obtrusive in every other department of the
National government.
In the _Electoral colleges_, the same cause produces the same
effect--the same power is wielded for the same purpose, as in the
Halls of Congress. Even the preliminary nominating conventions, before
they dare name a candidate for the highest office in the gift of the
people, must ask of the Genius of slavery, to what votary she will
show herself propitious. This very year, we see both the great
political parties doing homage to the slave power, by nominating
each a slaveholder for the chair of the State. The candidate of one
party declares. "I should have opposed, and would continue to oppose,
any scheme whatever of emancipation, either gradual or immediate;"
and adds, "It is not true, and I rejoice that it is not true, that
either of the two great parties of this country has any design or
aim at abolition. I should deeply lament it, if it were true."[94]
[Footnote 94: Henry Clay's speech in the United States Senate in 1839,
and confirmed at Raleigh, N.C. 1844.]
The other party nominates a man who says, "I have no hesitation in
declaring that I am in favor of the immediate re-annexation of Texas
to the territory and government of the United States."
Thus both the political parties, and the candidates of both, vie
with each other, in offering allegiance to the slave power, as a
condition precedent to any hope of success in the struggle for the
executive chair; a seat that, for more than three-fourths of the
existence of our constitutional government, has been occupied by a
slaveholder.
The same stern despotism overshadows even the sanctuaries of
_justice_. Of the nine Justices of the Supreme Court of the United
States, five are slaveholders, and of course, must be faithless to
their own interest, as well as recreant to the power that gives them
place, or must, so far as _they_ are concerned, give both to law and
constitution such a construction as shall justify the language of
John Quincy Adams, when he says--"The legislative, executive, and
judicial authorities, are all in their hands--for the preservation,
propagation, and perpetuation of the black code of slavery. Every
law of the legislature becomes a link in the chain of the slave;
every executive act a rivet to his hapless fate; every judicial
decision a perversion of the human intellect to the justification of
wrong."
Thus by merely adverting but briefly to the theory and the practical
effect of this clause of the Constitution, that I have sworn to
support, it is seen that it throws the political power of the nation
into the hands of the slaveholders; a body of men, which, however it
may be regarded by the Constitution as "persons," is in fact and
practical effect, a vast moneyed corporation, bound together by an
indissoluble unity of interest, by a common sense of a common danger;
counselling at all times for its common protection; wielding the
whole power, and controlling the destiny of the nation.
If we look into the legislative halls, slavery is seen in the chair
of the presiding officer of each, and controlling the action of both.
Slavery occupies, by prescriptive right, the Presidential chair. The
paramount voice that comes from the temple of national justice,
issues from the lips of slavery. The army is in the hands of slavery,
and at her bidding, must encamp in the everglades of Florida, or
march from the Missouri to the borders of Mexico, to look after her
interests in Texas.
The navy, even that part that is cruising off the coast of Africa, to
suppress the foreign slave trade, is in the hands of slavery.
Freemen of the North, who have even dared to lift up their voice
against slavery, cannot travel through the slave States, but at the
peril of their lives.
The representatives of freemen are forbidden, on the floor of
Congress, to remonstrate against the encroachments of slavery, or to
pray that she would let her poor victims go.
I renounce my allegiance to a Constitution that enthrones such a
power, wielded for the purpose of depriving me of my rights, of
robbing my countrymen of their liberties, and of securing its own
protection, support and perpetuation.
Passing by that clause of the Constitution, which restricted Congress
for twenty years, from passing any law against the African slave
trade, and which gave authority to raise a revenue on the stolen
sons of Africa, I come to that part of the fourth article, which
guarantees protection against "_domestic violence_," and which
pledges to the South the military force of the country, to protect
the masters against their insurgent slaves: binds us, and our
children, to shoot down our fellow-countrymen, who may rise, in
emulation of our revolutionary fathers, to vindicate their inalienable
"right to life, _liberty_ and the pursuit of happiness,"--this
clause of the Constitution, I say distinctly, I never will
support.
That part of the Constitution which provides for the surrender of
fugitive slaves, I never have supported and never will. I will join
in no slave-hunt. My door shall stand open, as it has long stood, for
the panting and trembling victim of the slave-hunter. When I shut it
against him, may God shut the door of his mercy against me! Under
this clause of the Constitution, and designed to carry it into effect,
slavery has demanded that laws should be passed, and of such a
character, as have left the free citizen of the North without
protection for his own liberty. The question, whether a man seized
in a free State as a slave, _is_ a slave or not, the law of Congress
does not allow a jury to determine: but refers it to the decision of
a Judge of a United States' Court, or even of the humblest State
magistrate, it may be, upon the testimony or affidavit of the party
most deeply interested to support the claim. By virtue of this law,
freemen have been seized and dragged into perpetual slavery--and
should I be seized by a slave-hunter in any part of the country
where I am not personally known, neither the Constitution nor laws
of the United States would shield me from the same destiny.
These, sir, are the specific parts of the Constitution of the United
States, which in my opinion are essentially vicious, hostile at once
to the liberty and to the morals of the nation. And these are the
principal reasons of my refusal any longer to acknowledge my
allegiance to it, and of my determination to revoke my oath to
support it. I cannot, in order to keep the law of man, break the law
of God, or solemnly call him to witness my promise that I will break
it.
It is true that the Constitution provides for its own amendment, and
that by this process, all the guarantees of Slavery may be expunged.
But it will be time enough to swear to support it when this is done.
It cannot be right to do so, until these amendments are made.
It is also true that the framers of the Constitution did studiously
keep the words "Slave" and "Slavery" from its face. But to do our
constitutional fathers justice, while they forebore--from very
shame--to give the word "Slavery" a place in the Constitution, they
did not forbear--again to do them justice--to give place in it to
the _thing_. They were careful to wrap up the idea, and the substance
of Slavery, in the clause for the surrender of the fugitive, though
they sacrificed justice in doing so.
There is abundant evidence that this clause touching "persons held
to service or labor," not only operates practically, under the
judicial construction, for the protection of the slave interest; but
that it was intended so to operate by the framers of the
Constitution. The highest judicial authorities--Chief Justice Shaw,
of the Supreme Court of Massachusetts, in the Latimer case, and
Mr. Justice Story, in the Supreme Court of the United States, in the
case of _Prigg_ vs. _The State of Pennsylvania_,--tell us, I know
not on what evidence, that without this "compromise," this security
for Southern slaveholders, "the Union could not have been formed."
And there is still higher evidence, not only that the framers of the
Constitution meant by this clause to protect slavery, but that they
did this, knowing that slavery was wrong. Mr. Madison[95] informs us
that the clause in question, as it came out of the hands of Dr.
Johnson, the chairman of the "committee on style," read thus: "No
person legally held to service, or labor, in one State, escaping into
another, shall," &c., and that the word "legally" was struck out, and
the words "under the laws thereof" inserted after the word "State," in
compliance with the wish of some, who thought the term _legal_
equivocal, and favoring the idea that slavery was legal "_in a moral
view_." A conclusive proof that, although future generations might
apply that clause to other kinds of "service or labor," when slavery
should have died out, or been killed off by the young spirit of
liberty, which was _then_ awake and at work in the land; still,
slavery was what they were wrapping up in "equivocal" words; and
wrapping it up for its protection and safe keeping: a conclusive proof
that the framers of the Constitution were more careful to protect
themselves in the judgment of coming generations, from the charge
of ignorance, than of sin; a conclusive proof that they knew that
slavery was _not_ "legal in a moral view," that it was a violation
of the moral law of God; and yet knowing and confessing its
immorality, they dared to make this stipulation for its support and
defence.
[Footnote 95: Madison Papers, p. 1589]
This language may sound harsh to the ears of those who think it a
part of their duty, as citizens, to maintain that whatever the
patriots of the Revolution did, was right; and who hold that we are
bound to _do_ all the iniquity that they covenanted for us that we
_should_ do. But the claims of truth and right are paramount to
all other claims.
With all our veneration for our constitutional fathers, we must
admit,--for they have left on record their own confession of it,--that
in this part of their work they intended to hold the shield of
their protection over a wrong, knowing that it was a wrong. They
made a "compromise" which they had no right to make--a compromise of
moral principle for the sake of what they probably regarded as
"political expediency." I am sure they did not know--no man could
know, or can now measure, the extent, or the consequences of the
wrong, that they were doing. In the strong language of John Quincy
Adams,[96] in relation to the article fixing the basis of
representation, "Little did the members of the Convention, from the
free States, imagine or foresee what a sacrifice to Moloch was hidden
under the mask of this concession."
[Footnote 96: See his Report on the Massachusetts Resolutions.]
I verily believe that, giving all due consideration to the benefits
conferred upon this nation by the Constitution, its national unity,
its swelling masses of wealth, its power, and the external
prosperity of its multiplying millions; yet the _moral_ injury that
has been done, by the countenance shown to slavery by holding over
that tremendous sin the shield of the Constitution, and thus
breaking down in the eyes of the nation the barrier between right
and wrong; by so tenderly cherishing slavery as, in less than the
life of man, to multiply her children from half a million to nearly
three millions; by exacting oaths from those who occupy prominent
stations in society, that they will violate at once the rights of
man and the law of God; by substituting itself as a rule of right,
in place of the moral laws of the universe;--thus in effect,
dethroning the Almighty in the hearts of this people and setting up
another sovereign in his stead--more than outweighs it all. A
melancholy and monitory lesson this, to all timeserving and
temporising statesmen! A striking illustration of the _impolicy_ of
sacrificing _right_ to any considerations of expediency! Yet, what
better than the evil effects that we have seen, could the authors of
the Constitution have reasonably expected, from the sacrifice of
right, in the concessions they made to slavery? Was it reasonable in
them to expect that after they had introduced a vicious element into
the very Constitution of the body politic which they were calling
into life, it would not exert its vicious energies? Was it reasonable
in them to expect that, after slavery had been corrupting the public
morals for a whole generation, their children would have too much
virtue to _use_ for the defence of slavery, a power which they
themselves had not too much virtue to _give_? It is dangerous for
the sovereign power of a State to license immorality; to hold the
shield of its protection over any thing that is not "legal in a moral
view." Bring into your house a benumbed viper, and lay it down upon
your warm hearth, and soon it will not ask you into which room it
may crawl. Let Slavery once lean upon the supporting arm, and bask
in the fostering smile of the State, and you will soon see, as we
now see, both her minions and her victims multiply apace till the
politics, the morals, the liberties, even the religion of the nation,
are brought completely under her control.
To me, it appears that the virus of slavery, introduced into the
Constitution of our body politic, by a few slight punctures, has now
so pervaded and poisoned the whole system of our National Government,
that literally there is no health in it. The only remedy that I can
see for the disease, is to be found in the _dissolution of the
patient_.
The Constitution of the United States, both in theory and practice,
is so utterly broken down by the influence and effects of slavery,
so imbecile for the highest good of the nation, and so powerful for
evil, that I can give no voluntary assistance in holding it up any
longer.
Henceforth it is dead to me, and I to it. I withdraw all profession
of allegiance to it, and all my voluntary efforts to sustain it. The
burdens that it lays upon me, while it is held up by others, I shall
endeavor to bear patiently, yet acting with reference to a higher law,
and distinctly declaring, that while I retain my own liberty, I will
be a party to no compact, which helps to rob any other man of his.
Very respectfully, your friend,