William Jay and the Constitutional Movement for the Abolition of Slavery

by Bayard Tuckerman

On the 2d of October the New York City Antislavery Society was successfully organized, despite an active and organized effort to prevent it. A call had been issued for a meeting of the friends of immediate emancipation at Clinton Hall. A counter-notice was published, signed "Many Southerners," inviting a meeting at the same time and place. The proprietors of Clinton Hall, alarmed at the situation, refused to let it to the abolitionists, who then applied to the Clinton Hotel, where they were also refused. The Southerners and their Northern sympathizers, finding Clinton Hotel closed, held a meeting at Tammany Hall, with General Bogardus, the United States Marshal, in the chair, with speeches and resolutions against the abolitionists, when a report that the abolitionists were in session at Chatham Street Hall sent them there in haste, only to find the Hall closed and dark. An eye-witness described the crowd assembled by the Southern call as "a genuine drunken, infuriated mob of blackguards of every species, some with good clothes, and the major part the very sweepings of the city." The public was amused the next morning by a leading editorial in the Courier and Enquirer, congratulating the country on the failure of the "disorganizing fanatics to organize a society fraught with danger to the Union and based upon an open violation of the United States Constitution;" while the advertising column of the same sheet contained the official proceedings of the abolitionists at the Chatham Street Chapel, where with promptness, energy, and order they had received the report of a committee, adopted a constitution, elected officers, adjourned and closed the building before the arrival of the rioters from Tammany. The successful management of the affair was due chiefly to the coolness and skill of Lewis Tappan, to whose devotion and energy the antislavery cause was from this time constantly indebted. The peaceful and lawful aims of the society, its frank acknowledgment of the rights of the Southern States were set forth in its constitution:

"While it admits that each State in which slavery exists has, by the Constitution of the United States, the exclusive right to legislate in regard to its abolition in said State, it shall aim to convince all our fellow-citizens, by arguments addressed to their understandings and consciences, that slaveholding is a heinous crime in the sight of God, and that the duty, safety, and best interest of all concerned require its immediate abandonment, without expatriation. The society will also endeavour in a constitutional way to influence Congress to put an end to the domestic slave-trade and to abolish slavery in all those portions of our common country which come under its control, especially in the District of Columbia, and likewise to prevent the extension of it to any State that may hereafter be admitted to the Union.

"The society shall aim to elevate the character and condition of the people of colour, by encouraging their intellectual, moral, and religious improvement, and by removing public prejudice, that thus they may according to their intellectual and moral worth share an equality with the whites of civil and religious privileges; but this society will never in any way countenance the oppressed in vindicating their rights by resorting to physical force."

Notwithstanding the distinct and moderate language in which the society set forth its lawful objects, pro-slavery prejudice was aroused to violent opposition. A week later a meeting was called to protest against the "reckless agitations of the abolitionists." Theodore Frelinghuysen, United States Senator from New Jersey, declared that "nine tenths of the horrors of slavery were imaginary," that "the crusade of abolition" was "the poetry of philanthropy," that emancipationists were "seeking to dissolve the Union." Chancellor Walworth came down from Albany to say that they were "reckless incendiaries" and their efforts unconstitutional. David B. Ogden declared the doctrine of immediate emancipation to be "a palpable and direct nullification of the Constitution."

On the 29th of October, 1833, a circular invitation was addressed to Judge Jay and others to attend a convention at Philadelphia on the 4th December to form a National Antislavery Society. This step was taken in concurrence with the views of the friends of immediate emancipation in Boston, Providence, New York, and Philadelphia. Among the motives for organizing such a society without delay it was argued that union is strength; that the advocates of the immediate abolition of slavery, though comparatively few and much scattered, were many in the aggregate, and could act, when combined, with irresistible power; that the cause was urgent, public expectation excited, its friends to some extent committed to such a movement during the present year; that they had the example of similar organizations, which, though feeble and condemned by public opinion in the outset, had speedily risen to great influence, and had been the means under God of immense benefit to the human race, especially in the case of the National Antislavery Society of Great Britain, and of the American Temperance Society. The invitation was signed by a committee consisting of Arthur Tappan, Joshua Leavitt, and Elizur Wright, Jr., all officers of the New York Antislavery Society.

At the same time Judge Jay received a letter from Rev. Samuel J. May urging him to be present. "This is a cause," wrote May, "in which our wisest and best and most prudent men ought to engage. There never has been in our country so great a demand for the exertions of true patriots and real Christians.... Let me beg of you to be there, at the convention. I have heard the hope that you will be there expressed most fervently by many."

Jay replied to the committee that he could not be present. "It would perhaps be uncandid to conceal from you," he said, "that the expediency of the proposed attempt to form a National Society at the present time seems to me to be at least questionable. May it not increase the irritation and hostility extensively felt towards abolitionists without promoting their objects more effectually than local societies? If, however, a National Society is to be formed, it is to be hoped its proceedings will be marked with great prudence and moderation. The great objection made to antislavery associations is that they aim at an unconstitutional interference with slavery. This objection, false as I am persuaded it is, has nevertheless an extensive and injurious influence, and unless it be removed success will be hopeless. It seems to me, therefore, of the utmost importance that correct constitutional principles on this subject should not only be entertained, but explicitly and unequivocally avowed by every antislavery society. This avowal might be made in the preamble of their constitution in some form like the following:

"'The object of this society is to promote the abolition of slavery in the United States. As all legislation relative to slavery in the several States in which it exists can be constitutionally exercised only by their respective Legislatures, this society will endeavour to effect its object, so far as relates to these States, by argument addressed to the understanding and conscience of their citizens. But inasmuch as the Federal Constitution confers on Congress the exclusive right to legislate for the District of Columbia, this society will use all such lawful and constitutional means as may be deemed advisable to induce Congress to abolish slavery in that District without delay.'

"I am very sensible that the friends of emancipation hold these principles, but not having given them sufficient prominence in their writings they have subjected themselves to much injurious suspicion."

Judge Jay's letter was read on the first day of the Antislavery Convention held in Philadelphia in December, 1833; and in the declaration of principles, reported by William Lloyd Garrison, John G. Whittier, and Samuel J. May, and unanimously adopted by the convention, appeared the following clauses, by which the abolitionists were enabled to repel the charge, so persistently made, that they sought to accomplish their ends by unconstitutional means, by asking Congress to exceed its power by meddling with slavery in the States: