The Anti-Slavery Examiner, Part 3 of 4

by American Anti-Slavery Society

Mr. JACKSON (of Ga.) differed with the gentleman last up, and supposed the master had a qualified property in his slave; he said the contrary doctrine would go to the destruction of every species of personal service. The gentleman said he did not stand in need of religion to induce him to reprobate slavery, but if he is guided by that evidence, which the Christian system is founded upon, he will find that religion is not against it; he will see, from Genesis to Revelation, the current setting strong that way. There never was a government on the face of the earth, but what permitted slavery. The purest sons of freedom in the Grecian republics, the citizens of Athens and Lacedaemon all held slaves. On this principle the nations of Europe are associated; it is the basis of the feudal system. But suppose all this to have been wrong, let me ask the gentleman, if it is policy to bring forward a business at this moment, likely to light up a flame of civil discord, for the people of the Southern States will resist one tyranny as soon as another; the other parts of the continent may bear them down by force of arms, but they will never suffer themselves to be divested of their property without a struggle. The gentleman says, if he was a federal judge, he does not know to what length he would go in emancipating these people; but, I believe his judgment would be of short duration in Georgia; perhaps even the existence of such a judge might be in danger.

Mr. SHERMAN (of Conn.) could see no difficulty in committing the memorial; because it was probable the committee would understand their business, and perhaps they might bring in such a report as would be satisfactory to gentlemen on both sides of the House.

Mr. BALDWIN (of Ga.) was sorry the subject had ever been brought before Congress, because it was of a delicate nature, as it respected some of the States. Gentlemen who had been present at the formation of this Constitution, could not avoid the recollection of the pain and difficulty which the subject caused in that body; the members from the Southern States were so tender upon this point, that they had well nigh broken up without coming to any determination; however, from the extreme desire of preserving the Union, and obtaining an efficient government, they were induced mutually, to concede, and the Constitution jealously guarded what they agreed to. If gentlemen look over the footsteps of that body, they will find the greatest degree of caution used to imprint them, so as not to be easily eradicated; but the moment we go to jostle on that ground, said he, I fear we shall feel it tremble under our feet. Congress have no power to interfere with the importation of slaves, beyond what is given in the 9th section of the first article of the Constitution; every thing else is interdicted to them in the strongest terms. If we examine the Constitution, we shall find the expressions, relative to this subject, cautiously expressed, and more punctiliously guarded than any other part. "The migration or importation of such persons, shall not be prohibited by Congress." But lest this should not have secured the object sufficiently, it is declared in the same section, "That no capitation or direct tax shall be laid, unless in proportion to the census;" this was intended to prevent Congress from laying any special tax upon negro slaves, as they might, in this way, so burthen the possessors of them, as to induce a general emancipation. If we go on to the 5th article, we shall find the 1st and 5th clauses of the 9th section of the 1st article restrained from being altered before the year 1808.

Gentlemen have said, that this petition does not pray for an abolition of the slave-trade; I think, sir, it prays for nothing else, and therefore we have no more to do with it, than if it prayed us to establish an order of nobility, or a national religion.

Mr. SYLVESTER (of N.Y.) said that he had always been in the habit of respecting the society called Quakers; he respected them for their exertions in the cause of humanity, but he thought the present was not a time to enter into a consideration of the subject, especially as he conceived it to be a business in the province of the State legislatures.

Mr. LAWRANCE (of N.Y.) observed that the subject would undoubtedly come under the consideration of the house; and he thought, that as it was now before them, that the present time was as proper as any; he was therefore for committing the memorial; and when the prayer of it had been properly examined, they could see how far Congress may constitutionally interfere; as they knew the limits of their power on this, as well as on every other occasion, there was no just apprehension to be entertained that they would go beyond them. Mr. Smith (of S.C.) insisted that it was not in the power of the House to brunt the prayer of the petition, which event to the total abolishment of the slave-trade, and it was therefore unnecessary to commit it. He observed, that in the Southern States, difficulties had arisen on adopting the Constitution, inasmuch as it was apprehended, that Congress might take measures under it for abolishing the slave-trade.

Perhaps the petitioners, when they applied to this House, did not think their object unconstitutional, but now they are told that if is, they will be satisfied with the answer, and press it no further. If their object had been for Congress to lay a duty of ten dollars per head on the importation of slaves, they would have said so, but that does not appear to have been the case; the commitment of the petition, on that ground, cannot be contended; if they will not be content with that, shall it be committed to investigate facts? The petition speaks of none; for what purpose then shall it be committed? If gentlemen can assign no good reason for the measure, they will not support it, when they are told that it will create great jealousies and alarm in the Southern States; for I can assure them, that there is no point on which they are more jealous and suspicious, than on a business with which they think the government has nothing to do.

When we entered into this Confederacy, we did it from political, not from moral motives, and I do not think my constituents want to learn morals from the petitioners; I do not believe they want improvement in their moral system; if they do, they can get it at home.

The gentleman from Georgia, has justly stated the jealousy of the Southern States. On entering into this government, they apprehended that the other States, not knowing the necessity the citizens of the Southern States were under to hold this species of property, would, from motives of humanity and benevolence, be led to vote for a general emancipation; and had they not seen that the Constitution provided against the effect of such a disposition, I may be bold to say, they never would have adopted it. And notwithstanding all the calumny's with which some gentlemen have viewed the subject, they will find, that the discussion alone will create great alarm. We have been told, that if the discussion will create alarm, we ought to have avoided it, by saying nothing; but it was not for that purpose that we were sent here; we look upon this measure as an attack upon the palladium of the property of our country; it is therefore our duty to oppose it by every means in our power. Gentlemen should consider that when we entered into a political connexion with the other States, that this property was there; it was acquired under a former government, conformably to the laws and Constitution; therefore anything that will tend to deprive them of that property, must be an ex post facto law, and as such is forbid by our political compact.

I said the States would never have entered into the confederation, unless their property had been guaranteed to them, for such is the state of agriculture in that county, that without slaves it must be depopulated. Why will these people then make use of arguments to induce the slave to turn his hand against his master? We labor under difficulties enough from the ravages of the late war. A gentleman can hardly come from that country, with a servant or two, either to this place or Philadelphia, but what there are persons trying to seduce his servants to leave him; and, when they have done this, the poor wretches are obliged to rob their master in order to obtain a subsistence; all those, therefore, who are concerned in this seduction, are accessaries to the robbery.