The Anti-Slavery Examiner, Omnibus

by American Anti-Slavery Society

You admit that "the first duty of Congress in relation to the District, of Columbia, is to render it available, comfortable, and convenient as a seat of the government of the whole Union." I thank you for an admission, which can be used, with great effect, against the many, who maintain, that Congress is as much bound to consult the interests and wishes of the inhabitants of the District, and be governed by them, as a State Legislature is to study and serve the interests and wishes of its constituents. The inhabitants of the District have taken up their residence in it, aware, that the paramount object of Congressional legislation is not their, but the nation's advantage. They judge, that their disfranchisement and the other disadvantages attending their residence are more than balanced by their favorable position for participating in Governmental patronage and other benefits. They know, that they have no better right to complain, that the legislation of Congress is not dictated by a primary regard to their interests, than has the Colonization Society, of which you are President, to complain, that the Capitol, in which it holds its annual meetings, is not constructed and fitted up in the best possible manner for such occasions. They know, that to sacrifice the design and main object of that building to its occasional and incidental uses, would be an absurdity no greater than would Congress be guilty of in shaping its legislation to the views of the thirty thousand white inhabitants of the District of Columbia, at the expense of neglecting the will and interests of the nation.

You feel, that there is no hazard in your admission, that the paramount object in relation to the District of Columbia, is its suitableness for a seat of Government, since you accompany that admission with the denial, that the presence of slavery interferes with such suitableness. But is it not a matter of deep regret, that the place, in which our national laws are made--that the place from which the sentiment and fashion of the whole country derive so much of their tone and direction--should cherish a system, which you have often admitted, is at war with the first principles of our religion and civil polity;[[A]] and the influences of which are no less pervading and controlling than corrupting? Is it not a matter of deep regret, that they, whom other governments send to our own, and to whom, on account of their superior intellect and influence, it is our desire, as it is our duty, to commend our free institutions, should be obliged to learn their lessons of practical republicanism amidst the monuments and abominations of slavery? Is it no objection to the District of Columbia, as the seat of our Government, that slavery, which concerns the political and moral interests of the nation, more than any other subject coming within the range of legislation, is not allowed to be discussed there--either within or without the Halls of Congress? It is one of the doctrines of slavery, that slavery shall not be discussed. Some of its advocates are frank enough to avow, as the reason for this prohibition, that slavery cannot bear to be discussed. In your speech before the American Colonization Society in 1835, to which I have referred, you distinctly take the ground, that slavery is a subject not open to general discussion. Very far am I from believing, that you would employ, or intentionally countenance violence, to prevent such discussion. Nevertheless, it is to this doctrine of non-discussion, which you and others put forth, that the North is indebted for her pro-slavery mobs, and the South for her pro-slavery Lynchings. The declarations of such men as Henry Clay and John C. Calhoun, that slavery is a question not to be discussed, are a license to mobs to burn up halls and break up abolition meetings, and destroy abolition presses, and murder abolition editors. Had such men held the opposite doctrine, and admitted, yea, and insisted, as it was their duty to do, that every question in morals and politics is a legitimate subject of free discussion--the District of Columbia would be far less objectionable, as the seat of our Government. In that case the lamented Dr. Crandall would not have been seized in the city of Washington on the suspicion of being an abolitionist, and thrown into prison, and subjected to distresses of mind and body, which resulted in his premature death. Had there been no slavery in the District, this outrage would not have been committed; and the murders, chargeable on the bloodiest of all bloody institutions, would have been one less than they now are. Talk of the slaveholding District of Columbia being a suitable locality for the seat of our Government! Why, Sir, a distinguished member of Congress was threatened there with an indictment for the crime of presenting, or rather of proposing to present, a petition to the body with which he was connected! Indeed the occasion of the speech, on which I am now commenting, was the impudent protest of inhabitants of that District against the right of the American people to petition their own Congress, in relation to matters of vital importance to the seat of their own Government! I take occasion here to admit, that I have seen but references to this protest--not the protest itself. I presume, that it is not dissimilar, in its spirit, to the petition presented about the same time by Mr. Moore in the other House of Congress--his speech on which, he complains was ungenerously anticipated by yours on the petition presented by yourself. As the petition presented by Mr. Moore is short, I will copy it, that I may say to you with the more effect--how unfit is the spirit of a slaveholding people, as illustrated in this petition, to be the spirit of the people at the seat of a free Government!

[Footnote [A]: "It (slavery) is a sin and a curse both to the master and the slave:"--Henry Clay.]

"To the Senate and House of Representatives of the United States:

The petition of the undersigned, citizens of the District of Columbia represents--That they have witnessed with deep regret the attempts which are making to disturb the integrity of the Union by a BAND OF FANATICS, embracing men, women, and children, who cease not day and night to crowd the tables of your halls with SEDITIOUS MEMORIALS--and solicit your honorable bodies that you will, in your wisdom, henceforth give neither support nor countenance to such UNHALLOWED ATTEMPTS, but that you will, in the most emphatic manner, set the seal of your disapprobation upon all such FOUL AND UNNATURAL EFFORTS, by refusing not only to READ and REFER, but also to RECEIVE any papers which either directly or indirectly, or by implication, aim at any interference with the rights of your petitioners, or of those of any citizen of any of the States or Territories of the United States, or of this District of which we are inhabitants."

A Legislature should be imbued with a free, independent, fearless spirit. But it cannot be, where discussion is overawed and interdicted, or its boundaries at all contracted. Wherever slavery reigns, the freedom of discussion is not tolerated: and whenever slavery exists, there slavery reigns;--reigns too with that exclusive spirit of Turkish despotism, that, "bears no brother near the throne."

You agree with President Wayland, that it is as improper for Congress to abolish slavery in the District of Columbia, as to create it in some place in the free States, over which it has jurisdiction. As improper, in the judgment of an eminent statesman, and of a no less eminent divine, to destroy what they both admit to be a system of unrighteousness, as to establish it! As improper to restrain as to practice, a violation of God's law! What will other countries and coming ages think of the politics of our statesmen and the ethics of our divines?

But, besides its immorality, Congress has no Constitutional right to create slavery. You have not yet presumed to deny positively, that Congress has the right to abolish slavery in the District of Columbia; and, notwithstanding the intimation in your speech, you will not presume to affirm, that Congress has the Constitutional right to enact laws reducing to, or holding in slavery, the inhabitants of West Point, or any other locality in the free States, over which it has exclusive jurisdiction. I would here remark, that the law of Congress, which revived the operation of the laws of Virginia and Maryland in the District of Columbia, being, so far as it respects the slave laws of those States, a violation of the Federal Constitution, should be held of no avail towards legalizing slavery in the District--and the subjects of that slavery, should, consequently, be declared by our Courts unconditionally free.

You will admit that slavery is a system of surpassing injustice:--but an avowed object of the Constitution is to "establish justice." You will admit that it utterly annihilates the liberty of its victims:--but another of the avowed objects of the Constitution is to "secure the blessings of liberty." You will admit, that slavery does, and necessarily must, regard its victims as chattels. The Constitution, on the contrary, speaks of them as nothing short of persons. Roger Sherman, a signer of the Declaration of Independence, a framer of the Federal Constitution, and a member of the first Congress under it, denied that this instrument considers slaves "as a species of property." Mr. Madison, in the 54th No. of the Federalist admits, that the Constitution "regards them as inhabitants." Many cases might be cited, in which Congress has, in consonance with the Constitution, refused to recognize slaves as property. It was the expectation, as well as the desire of the framers of the Constitution, that slavery should soon cease to exist is our country; and, but for the laws, which both Congress and the slave States, have, in flagrant violation of the letter and spirit and obvious policy of the Constitution, enacted in behalf of slavery, that vice would, ere this, have disappeared from our land. Look, for instance, at the laws enacted in the fact of the clause: "The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States"--laws too, which the States that enacted them, will not consent to repeal, until they consent to abandon slavery. It is by these laws, that they shut out the colored people of the North, the presence of a single individual of whom so alarms them with the prospect of a servile insurrection, that they immediately imprison him. Such was the view of the Federal Constitution taken by James Wilson one of its framers, that, without, as I presume, claiming for Congress any direct power over slavery in the slave States, he declared that it possessed "power to exterminate slavery from within our borders." It was probably under a like view, that Benjamin Franklin, another of its framers, and Benjamin Rush, a signer of the Declaration of Independence, and other men of glorious and blessed memory, petitioned the first Congress under the Constitution to "countenance the restoration to liberty of those unhappy men," (the slaves of our country). And in what light that same Congress viewed the Constitution may be inferred from the fact, that, by a special act, it ratified the celebrated Ordinance, by the terms of which slavery was forbidden for ever in the North West Territory. It is worthy of note, that the avowed object of the Ordinance harmonizes with that of the Constitution: and that the Ordinance was passed the same year that the Constitution was drafted, is a fact, on which we can strongly rely to justify a reference to the spirit of the one instrument for illustrating the spirit of the other. What the spirit of the Ordinance is, and in what light they who passed it, regarded "republics, their laws and constitutions," may be inferred from the following declaration in the Ordinance of its grand object: "For extending the fundamental principles of civil and religious liberty, which form the basis wherever these Republics, their laws and constitutions are erected; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said territory, &c.; it is hereby ordained and declared that the following articles, &c." One of these articles is that, which has been referred to, and which declares that "there shall be neither slavery nor involuntary servitude in the said Territory."

You will perhaps make light of my reference to James Wilson and Benjamin Franklin, for I recollect you say, that, "When the Constitution was about going into operation, its powers were not well understood by the community at large, and remained to be accurately interpreted and defined." Nevertheless, I think it wise to repose more confidence in the views, which the framers of the Constitution took of the spirit and principles of that instrument, than in the definitions and interpretations of the pro-slavery generation, which has succeeded them.