William Jay and the Constitutional Movement for the Abolition of Slavery

by Bayard Tuckerman

Chief-Justice Jay died at Bedford in 1828, and his son William occupied his leisure during the following five years in preparing "The Life and Letters of John Jay." This work was published in two octavo volumes in 1833, and was highly praised for both thoroughness and impartiality.

Meanwhile events were occurring which raised antislavery sentiment from the torpor in which it had fallen after the excitement of the Missouri Compromise, and which brought the whole question before the people as a live issue which compelled attention. Between the years 1829 and 1832 took place a remarkable series of debates in Virginia on the subject of slavery, brought about by dissatisfaction with the State constitution and by the Nat Turner massacre, in which a number of slaves had risen against their masters. In these debates the evils of slavery were exposed as clearly as they were afterwards by the Abolitionists, and with an outspoken freedom which, when indulged in by Northern men, was soon to be denounced as treasonable and incendiary. These Southern speakers were silenced by the Slave Power. But there were men in the North who thought the same and who would not be silenced. Chief among these was William Lloyd Garrison. He had begun his memorable career by circulating petitions in Vermont in 1828 in favor of emancipation in the District of Columbia. Having joined Lundy in Baltimore in editing the Genius of Universal Emancipation, he had suffered ignominy in the cause in a Southern jail; drawing from persecution and hardship only new inspiration, he began the publication of the Liberator at Boston in January, 1831. In the following year, under his leadership, was formed the New England Anti-Slavery Society, which placed itself on the new ground that immediate, unconditional emancipation, without expatriation, was the right of every slave and could not be withheld by his master an hour without sin. In March, 1833, the Weekly Emancipator was established in New York, with the assistance of Arthur and Lewis Tappan, and under the editorship of William Goodell. In the same year appeared at Haverhill, Mass., a vigorous pamphlet by John G. Whittier, entitled "Justice and Expediency, or Slavery considered with a View to its Rightful and Effectual Remedy, Abolition." Nearly simultaneously were published Mrs. Lydia Maria Child's "Appeal in Behalf of that Class of Americans called Africans," and a pamphlet by Elizur Wright, Jr., a professor in the Western Reserve College, on "The Sin of Slavery and its Remedy."

These publications and the doctrines of the Liberator produced great excitement throughout the country. The South had been able to hear the words "gradual emancipation" with a confident equanimity, and only a few years before had tolerated a convention in Baltimore gathered to forward that object. But the word "immediate" now prefixed to emancipation acted as a firebrand to gunpowder. Southern newspapers and politicians could not find epithets strong enough to denounce the fanatical incendiaries who said that slavery, being wrong in itself, should cease at once. A reward was offered by a Southern Legislature for the person of Garrison, dead or alive. For lending Whittier's pamphlet to a white man Dr. Reuben Crandall was tried for his life at Washington on the charge of "circulating Tappan, Garrison & Co.'s papers encouraging the negroes to insurrection."

The lives of the abolitionists were safer at the North, but their principles were condemned there in terms quite as decided. To say that slavery ought to be immediately abolished was sufficient cause for the clergyman to lose his pulpit and the merchant his credit. The new doctrine was too sound to be ignored, and its agitation was disorganizing, vexatious, injurious to business, destructive of private and political peace. The North agreed with the South that slavery was not a subject to which the right of free speech applied. The abolitionists were accused of injuring the cause of the blacks by their proceedings. And indeed, at the South the treatment of the slave became harsher, and at the North the prejudice against the free negro was intensified. In 1833 Miss Crandall, a Quaker lady, endeavoured to establish a boarding-school for the education of coloured girls in Canterbury, Conn. A committee of the inhabitants waited upon her, who represented "that by putting her design into execution she would bring ruin and disgrace upon them all." Three town meetings were held in one week to discuss ways and means to suppress a scheme which would render "insecure the persons, property, and reputation of our citizens." The State of Connecticut passed a special law to forbid the establishment of such a school. Under it, Miss Crandall was tried and convicted. The constitutionality of the law was called in question and the case was appealed. But the inhabitants of Canterbury thought the crisis too serious to depend on legal technicalities. Miss Crandall was driven from the town by persecution. The shops would sell her no food; her well was filled with manure, and water from other sources refused; her house was smeared with filth and finally set on fire. The trustees of the Noyes Academy in Plymouth, N. H., having consented to the admission of coloured pupils, the respectable people of the town avoided the contemplated disgrace by moving the school building from its foundations and depositing it in a swamp. In 1835 a wealthy coloured man bought a pew on the floor of Park Street Church in Boston. His neighbours nailed up the door of the pew, and so many "aggrieved brethren" threatened to leave that the trustees were obliged to prevent the threatened contamination of the sanctuary by excluding the coloured pew-holder. A hundred similar cases might be cited to show that before the emancipation of the slaves could gain even a hearing, the North had to be educated to consider the negro race as human beings capable of improvement and deserving of humane encouragement.

In May, 1833, Judge Jay contributed to the first number of the Emancipator a letter which sets forth his own views of the problem of American slavery at that time and also some of the difficulties in the path of the emancipationists:

"The duty and policy of immediate emancipation, although clear to us, are not so to multitudes of good people who abhor slavery and sincerely wish its removal. They take it for granted, no matter why or wherefore, that if the slaves were now liberated they would instantly cut the throats and fire the dwellings of their benefactors. Hence these good people look upon the advocates of emancipation as a set of dangerous fanatics, who are jeopardizing the peace of the Southern States and riveting the fetters of the slaves by the very attempt to break them. In their opinion the slaves are not fit for freedom, and therefore it is necessary to wait patiently till they are. Now, unless these patient waiters can be brought over to our side, emancipation is hopeless; for, first, they are an immense majority of all among us who are hostile to slavery; and, secondly, they are as conscientious in their opinions as we are in ours, and unless converted will oppose and defeat all our efforts. But how are they to be converted? Only by the exhibition of Truth. The moral, social, and political evils of slavery are but imperfectly known and considered. These should be portrayed in strong but true colours, and it would not be difficult to prove that, however inconvenient and dangerous emancipation may be, the continuance of slavery must be infinitely more inconvenient and dangerous.

"Constitutional restrictions, independent of other considerations, forbid all other than moral interference with slavery in the Southern States. But we have as good and perfect a right to exhort slaveholders to liberate their slaves as we have to exhort them to practice any virtue or avoid any vice. Nay, we have not only the right, but under certain circumstances it may be our duty to give such advice; and while we confine ourselves within the boundaries of right and duty, we may and ought to disregard the threats and denunciations by which we may be assailed.

"The question of slavery in the District of Columbia is totally distinct, as far as we are concerned, from that of slavery in the Southern States.

"As a member of Congress, I should think myself no more authorized to legislate for the slaves of Virginia than for the serfs of Russia. But Congress has full authority to abolish slavery in the District, and I think it to be its duty to do so. The public need information respecting the abominations committed at Washington with the sanction of their representatives—abominations which will cease whenever those representatives please. If this subject is fully and ably pressed upon the attention of our electors, they may perhaps be induced to require pledges from candidates for Congress for their votes for the removal of this foul stain from our National Government. As to the Colonization Society, it is neither a wicked conspiracy on the one hand nor a panacea for slavery on the other. Many good and wise men belong to it and believe in its efficacy."

In the summer of 1833 the abolitionists of Great Britain succeeded in obtaining the act of emancipation for the 800,000 slaves in the West Indies. In June Arthur Tappan wrote to Judge Jay asking for his "opinion as to the expediency of forming an American Antislavery Society and of doing it now. The impulse given to the cause by the movement in England would, it appears to me, aid us greatly here." Jay replied very cautiously. A New York society, he thought, might be desirable immediately. The constitutions and proceedings of such societies demanded great caution and prudence; they must blend the wisdom of the serpent with the harmlessness of the dove. The Southern people affected to apprehend an unconstitutional interference with their property, as they called it, by the Northern abolitionists, and no ground for such pretended fear should be given. With this view, he suggested the incorporation into the constitution of antislavery societies a distinct declaration, such as the following: "We concede that Congress, under the present National Compact, has no right to interfere with any of the slave States in relation to this momentous subject. But we maintain that Congress has a right and is solemnly bound to suppress the domestic slave-trade between the several States and to abolish slavery in those portions of our territory which the Constitution has placed under its exclusive jurisdiction." He further suggested that the two subjects, the Colonization Society and the political condition of the free blacks, should be avoided. "Duty and policy," he said, "in my opinion demand the emancipation of our slaves, but they do not demand that immediately on their emancipation they shall be invested with the right of suffrage."