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Such being, as we conceive, the true doctrine concerning the nature of the state, it is well to inquire into the necessary deductions from this doctrine. If government be a divine institution, and obedience to the laws a matter resting on the authority of God, it might seem to follow that in no case could human laws be disregarded with a good conscience. This, as we have seen, is in fact the conclusion drawn from these premises by the advocates of the doctrine "of passive obedience." The command, however, to be subject to the higher powers is not more unlimited in its statement than the command, "children obey your parents in all things." From this latter command no one draws the conclusion that unlimited obedience is due from children to their parents. The true inference doubtless is, in both cases, that obedience is the rule, and disobedience the exception. If in any instance a child refuse compliance with the requisition of the parent, or a citizen with the law of the land, he must be prepared to justify such disobedience at the bar of God. Even divine laws may in some cases be dispensed with. Those which indeed are founded on the nature of God, such as the command to love Him and our neighbor, are necessarily immutable. But those which are founded on the present constitution of things, though permanent as general rules of action, may on adequate grounds, be violated without sin. The commands, Thou shalt not kill, Thou shalt not steal, Remember the sabbath day to keep it holy, are all of permanent authority; and yet there may be justifiable homicide, and men may profane the sabbath and be blameless. In like manner the command to obey the laws, is a divine injunction, and yet there are cases in which disobedience is a duty. It becomes then of importance to determine what these cases are; or to ascertain the principles which limit the obedience which we owe to the state. It follows from the divine institution of government that its power is limited by the design of God in its institution, and by the moral law. The family, the church and the state are all divine institutions, designed for specific purposes. Each has its own sphere, and the authority belonging to each is necessarily confined within its own province. The father appears in his household as its divinely appointed head. By the command of God all the members of that household are required to yield him reverence and obedience. But he can not carry his parental authority into the church or the state; nor can he appear in his family as a magistrate or church officer. The obedience due to him is that which belongs to a father, and not to a civil or ecclesiastical officer, and his children are not required to obey him in either of those capacities. In like manner the officers of the church have within their sphere a divine right to rule, but they can not claim civil authority on the ground of the general command to the people to obey those who have the care of souls. Heb. xiii: 17. As the church officer loses his power when he enters the forum; so does the civil magistrate when he enters the church. His right to rule is a right which belongs to him as representing God in the state—he has no commission to represent God either in the family or the church; and therefore, he is entitled to no obedience if he claims an authority which does not belong to him. This is a very obvious principle, and is of wide application. It not only limits the authority of civil officers to civil affairs, but limits the extent due to the obedience to be rendered even in civil matters to the officers of the state. A justice of the peace has no claim to the obedience due to a governor of a state; nor a governor of a state to that which belongs to the President of the Union; nor the President of the Union to that which may be rightfully claimed by an absolute sovereign. A military commander has no authority over the community as a civil magistrate, nor can he exercise such authority even over his subordinates. This principle applies in all its force to the law-making power. The legislature can not exercise any power which does not belong to them. They can not act as judges or magistrates unless such authority has been actually committed to them. They are to be obeyed as legislators; and in any other capacity their decisions or commands do not bind the conscience. And still further, their legislative enactments have authority only when made in the exercise of their legitimate powers. In other words, an unconstitutional law is no law. If our Congress, for example, were to pass a bill creating an order of nobility, or an established church, or to change the religion of the land, or to enforce a sumptuary code, it would have no more virtue and be entitled to no more deference than a similar enactment intended to bind the whole country passed by a town council. This we presume will not be denied. God has committed unlimited power to no man and to no set of men, and the limitation which he has assigned to the power conferred, is to be found in the design for which it was given. That design is determined in the case of the family, the church and the state, by the nature of these institutions, by the general precepts of the Bible, or by the providence of God determining the peculiar constitution under which these organizations are called to act. The power of a parent was greater under the old dispensation than it is now; the legitimate authority of the church is greater under some modes of organization than under others; and the power of the state as represented in its constituted authorities is far more extensive in some countries than in others. The theory of the British government is that the parliament is the whole state in convention, and therefore it exercises powers which do not belong to our Congress, which represents the state only for certain specified purposes. These diversities, however, do not alter the general principle, which is, that rulers are to be obeyed in the exercise of their legitimate authority; that their commmands or requirements beyond their appropriate spheres are void of all binding force. This is a principle which no one can dispute.
A second principle is no less plain. No human authority can make it obligatory on us to commit sin. If all power is of God it can not be legitimately used against God. This is a dictate of natural conscience, and is authenticated by the clearest teachings of the word of God. The apostles when commanded to abstain from preaching Christ refused to obey, and said: "Whether it be right in the sight of God to hearken unto you more than unto God, judge ye." No human law could make it binding on the ministers of the gospel, in our day, to withhold the message of salvation from their fellow-men. It requires no argument to prove that men can not make it right to worship idols, to blaspheme God, to deny Christ. It is sheer fanaticism thus to exalt the power of the government above the authority of God. This would be to bring back upon us some of the worst doctrines of the middle ages as to the power of the pope and of earthly sovereigns. Good men in all ages of the world have always acted on the principle that human laws can not bind the conscience when they are in conflict with the law of God. Daniel openly, in the sight of his enemies, prayed to the God of heaven in despite of the prohibition of his sovereign. Shadrach, Mesheck and Abednego refused to bow down, at the command of the king, to the golden image. The early Christians disregarded all those laws of Pagan Rome requiring them to do homage to false gods. Protestants with equal unanimity refused to submit to the laws of their papal sovereigns enjoining the profession of Romish errors. That these men were right no man, with an enlightened conscience, can deny; but they were right only on the principle that the power of the state and of the magistrate is limited by the law of God. It follows then from the divine institution of government, that its power to bind the conscience to obedience is limited by the design of its appointment and the moral law. All its power being from God, it must be subordinate to him. This is a doctrine which, however, for a time and in words, it may be denied, is too plain and too important not to be generally recognized. It is a principle too which should at all times be publicly avowed. The very sanctity of human laws requires it. Their real power and authority lie in their having a divine sanction. To claim for them binding force when destitute of such sanction, is to set up a mere semblance for a reality, a suit of armor with no living man within. The stability of human government and the authority of civil laws require that they should be kept within the sphere where they repose on God, and are pervaded by his presence and power. Without him nothing human can stand. All power is of God; and if of God, divine; and if divine, in accordance with his holy law.
But who are the judges of the application of these principles? Who is to determine whether a particular law is unconstitutional or immoral? So far as the mere constitutionality of a law is concerned, it may be remarked, that there is in most states, as in our own, for example, a regular judicial tribunal to which every legislative enactment can be submitted, and the question of its conformity to the constitution authoritatively decided. In all ordinary cases, that is, in all cases not involving some great principle or some question of conscience, such decisions must be held to be final, and to bind all concerned not only to submission but obedience. A law thus sanctioned becomes instinct with all the power of the state, and further opposition brings the recusants into conflict with the government; a conflict in which no man for light reasons can with a good conscience engage. Still it can not be denied, and ought not to be concealed, that the ultimate decision must be referred to his own judgment. This is a necessary deduction from the doctrine that obedience to law is a religious duty. It is a primary principle that the right of private judgment extends over all questions of faith and morals. No human power can come between God and the conscience. Every man must answer for his own sins, and therefore every man must have the right to determine for himself what is sin. As he can not transfer his responsibility, he can not transfer his right of judgment. This principle has received the sanction of good men in every age of the world. Daniel judged for himself of the binding force of the command not to worship the true God. So did the apostles when they continued to preach Christ, in opposition to all the constituted authorities. The laws passed by Pagan Rome requiring the worship of idols had the sanction of all the authorities of the empire, yet on the ground of their private judgment the Christians refused to obey them. Protestants in like manner refused to obey the laws of Papal Rome, though sustained by all the authority both of the church and state. In all these cases the right of private judgment can not be disputed. Even where no question of religion or morality is directly concerned, this right is undeniable. Does any one now condemn Hampden for refusing to pay "ship-money?" Does any American condemn our ancestors for resisting the stamp-act, though the authorities of St. Stephen's and Westminster united in pronouncing the imposition constitutional? However this principle may be regarded when stated in the abstract, every individual instinctively acts upon it in his own case. Whenever a command is issued by one in authority over us, we immediately and almost unconsciously determine for ourselves, first, whether he had a right to give the order; and secondly, whether it can with a good conscience be obeyed. If this decision is clearly in the negative, we at once determine to refuse obedience on our own responsibility. Let any man test this point by an appeal to his own consciousness. Let him suppose the President of the United States to order him to turn Romanist or Pagan; or Congress to pass a bill requiring him to blaspheme God; or a military superior to command him to commit treason or murder—does not his conscience tell him he would on the instant refuse? Would he, or could he wait until the constitutionality of such requisitions had been submitted to the courts? or if the courts should decide against him, would that at all alter the case? Men must be strangely oblivious of the relation of the soul to God, the instinctive sense which we possess of our allegiance to him, and of the self-evidencing power with which his voice reaches the reason and the conscience, to question the necessity which every man is under to decide all questions touching his duty to God for himself.
It may indeed be thought that this doctrine is subversive of the authority of government. A moment's reflection is sufficient to dispel this apprehension. The power of laws rests on two foundations, fear and conscience. Both are left by this doctrine in their integrity. The former, because the man refuses obedience at his peril. His private conviction that the law is unconstitutional or immoral does not abrogate it, or impede its operation. If arraigned for its violation, he may plead in his justification his objections to the authority of the law. If these objections are found valid by the competent authorities, he is acquitted; if otherwise, he suffers the penalty. What more can the state ask? All the power the state, as such, can give its laws, lies in their penalty. A single decision by the ultimate authority in favor of a law, is a revelation to the whole body of the people that it can not be violated with impunity. The sword of justice hangs over every transgressor. The motive of fear in securing obedience, is therefore, as operative under this view of the subject, as it can be under any other. What, however, is of far more consequence, the power of conscience is left in full force. Obedience to the law is a religious duty, enjoined by the word of God and enforced by conscience. If, in any case, it be withheld, it is under a sense of responsibility to God; and under the conviction that if this conscientious objection be feigned, it aggravates the guilt of disobedience as a sin against God an hundred fold; and if it be mistaken, it affords no palliation of the offense. Paul was guilty in persecuting the church, though he thought he was doing God service. And the man, who by a perverted conscience, is led to refuse obedience to a righteous law, stands without excuse at the bar of God. The moral sanction of civil laws, which gives them their chief power, and without which they must ultimately become inoperative, cannot possibly extend further than this. For what is that moral sanction? It is a conviction that our duty to God requires our obedience; but how can we feel that duty to God requires us to do what God forbids? In other words, a law which we regard as immoral, can not present itself to the conscience as having divine authority. Conscience, therefore, is on the side of the law wherever and whenever this is possible from the nature of the case. It is a contradiction to say that conscience enforces what conscience condemns. This then is all the support which the laws of the land can possibly derive from our moral convictions. The allegiance of conscience is to God. It enforces obedience to all human laws consistent with that allegiance; further than this it can not by possibility go. And as the decisions of conscience are, by the constitution of our nature, determined by our own apprehensions of the moral law, and not by authority, it follows of necessity that every man must judge for himself, and on his own responsibility, whether any given law of man conflicts with the law of God or not.
We would further remark on this point that the lives and property of men have no greater protection than that which, on this theory, is secured for the laws of the state. The law of God says: Thou shalt not kill. Yet every man does, and must judge when and how far this law binds his conscience. It is admitted, on all hands, that there are cases in which its obligation ceases. What those cases are each man determines for himself, but under his two fold responsibility to his country and to God. If, through passion or any other cause, he errs as to what constitutes justifiable homicide, he must bear the penalty attached to murder, by the law of God and man. It is precisely so in the case before us. God has commanded us to obey the magistrate as his minister and representative. If we err in our judgment as to the cases in which the command ceases to be binding, we fall into the hands of justice, both human and divine. Can more than this be necessary? Can any thing be gained by trying to make God require us to break his own commands? Can conscience be made to sanction the violation of the moral law? Is not this the way to destroy all moral distinctions, and to prostrate the authority of conscience, and with it the very foundation of civil government? Is not all history full of the dreadful consequences of the doctrine that human laws can make sin obligatory, and that those in authority can judge for the people what is sin? What more than this is needed to justify all the persecutions for righteousness' sake since the world began? What hope could there be, on this ground, for the preservation of religion or virtue, in any nation on the earth? If the principle be once established, that the people are bound to obey all human laws, or that they are not to judge for themselves when their duty to God requires them to refuse such obedience, then there is not only an end of all civil and religious liberty, but the very nature of civil government, as a divine institution, is destroyed. It becomes first atheistical, and then diabolical. Then the massacre of St. Bartholomew's, the decrees of the French National Assembly, and the laws of Pagan Rome against Christians, and of its Papal successor against Protestants, were entitled to reverent obedience. Then, too, may any infidel party which gains the ascendency in a state, as has happened of late in Switzerland, render it morally obligatory upon all ministers to close their churches, and on the people to renounce the gospel. This is not an age or state of the world in which to advance such doctrines. There are too many evidences of the gathering powers of evil, to render it expedient to exalt the authority of man above that of God, or emancipate men from subjection to their Master in heaven, that they may become more obedient to their masters on earth. We are advocating the cause of civil government, of the stability and authority of human laws, when we make every thing rest on the authority of God, and when we limit every human power by subordinating it to him. We hold, therefore, that it is not only one of the plainest principles of morals, that no immoral law can bind the conscience, and that every man must judge of its character for himself, and on his own responsibility; but that this doctrine is essential to all religious liberty, and to the religious sanction of civil government. If you deny this principle, you thereby deny that government is a divine institution, and denying that, you deprive it of its vital energy, and send it tottering to a dishonored grave.
But here the great practical question arises, What is to be done when the law of the land comes into conflict with the law of God—or, which is to us the same thing, with our convictions of what that law demands? In answer to this question we would remark, in the first place, that in most cases, the majority of the people have nothing to do, except peaceably to use their influence to have the law repealed. The mass of the people have nothing actively to do with the laws. Very few enactments of the government touch one in a thousand in the population. We may think a protective tariff not only inexpedient, but unequal and therefore unjust. But we have nothing to do with it. We are not responsible for it, and are not called upon to enforce it. The remark applies even to laws of a higher character, such, e. g. as a law proclaiming an unjust war; forbidding the introduction of the Bible into public schools; requiring homage or sanction to be given to idolatrous services by public officers, etc., etc. Such laws do not touch the mass of the people. They do not require them either to do or abstain from doing, any thing which conscience forbids or enjoins; and therefore their duty in the premises may be limited to the use of legitimate means to have laws of which they disapprove repealed.
In the second place, those executive officers who are called upon to carry into effect a law which requires them to do what their conscience condemns, must resign their office, if they would do their duty to God. Some years since, General Maitland (if we remember the name correctly) of the Madras Presidency, in India, resigned a lucrative and honorable post, because he could not conscientiously give the sanction to the Hindoo idolatry required by the British authorities. And within the last few months, we have seen hundreds of Hessian officers throw up their commissions rather than trample on the constitution of their country. On the same principles the non-conformists in the time of Charles II. and the ministers of the Free Church of Scotland, in our day, gave up their stipends and their positions, because they could not with a good conscience carry into effect the law of the land. It is not intended that an executive officer should, in all cases, resign his post rather than execute a law which in his private judgment he may regard as unconstitutional or unjust. The responsibility attaches to those who make, and not to those who execute the laws. It is only when the act, which the officer is called upon to perform, involves personal criminality, that he is called upon to decline its execution. Thus in the case of war; a military officer is not the proper judge of its justice. That is not a question between him and the enemy, but between his government and the hostile nation. On the supposition that war itself is not sinful, the act which the military officer is called upon to perform is not criminal, and he may with a good conscience carry out the commands of his government, whatever may be his private opinion of the justice of the war. All such cases no doubt are more or less complicated, and must be decided each on its own merits. The general principle, however, appears plain, that it is only when the act required of an executive officer involves personal criminality, that he is called upon to resign. This is a case that often occurs. In Romish countries, as Malta, for example, British officers have been required to do homage to the host, and on their refusal have been cashiered. An instance of this kind occurred a few years ago, and produced a profound sensation in England. This was clearly a case of great injustice. The command was an unrighteous one. The duty of the officer was to resign rather than obey. Had the military authorities taken a fair view of the question, they must have decided that the command to bow to the host, was not obligatory, because ultra vires. But if such an order was insisted upon, the conscientious Protestant must resign his commission.
The next question is, What is the duty of private citizens in the case supposed, i. e., when the civil law either forbids them to do what God commands, or commands them to do what God forbids? We answer, their duty is not obedience, but submission. These are different things. A law consists of two parts, the precept and the penalty. We obey the one, and submit to the other. When we are required by the law to do what our conscience pronounces to be sinful, we can not obey the precept, but we are bound to submit without resistance to the penalty. We are not authorized to abrogate the law, nor forcibly to resist its execution, no matter how great its injustice or cruelty. On this principle holy men have acted in all ages. The apostles did not obey the precept of the Jewish laws forbidding them to preach Christ, but neither did they resist the execution of the penalty attached to the violation of those laws. Thus it was with all the martyrs; they would not offer incense to idols, but refused not to be led to the stake. Had Cranmer, on the ground of the iniquity of the law condemning him to death, killed the officers who came to carry it into effect, he would have been guilty of murder. Here is the great difference which is often overlooked. The right of self-defense is appealed to as justifying resistance even to death, against all attempts to deprive us of our liberty. We have this right in reference to unauthorized individuals, but not in reference to the officers of the law. Had men without authority entered Cranmer's house, and attempted to take his life, his resistance, even if attended with the loss of life, would have been justifiable. But no man has the right to resist the execution of the law. What could be more iniquitous than the laws condemning men to death for the worship of God. Yet to these laws Christians and Protestants yielded unresisting submission. This is an obvious duty, flowing from the divine institution of government. There is no power but of God, and the powers that be are ordained of God. Whosoever, therefore, resisteth the power resisteth the ordinance of God; and they that resist shall receive to themselves damnation. Thus Paul reasoned. If the power is of God, it can not be rightfully resisted; it must be obeyed or submitted to. Are wicked, tyrannical, Pagan powers of God? Certainly they are. Does not he order all things? Does any man become a king without God's permission granted in mercy or in judgment? Was not Nero to be recognized as emperor? Would it not be a sin to refuse submission to Nicholas of Russia, or to the Sultan of Turkey? Are rulers to be obeyed only for their goodness? Is it only kind and reasonable masters, parents, or husbands, who are to be recognized as such? It is no doubt true, that in no case is unlimited authority granted to men; and that obedience to the precepts of our superiors is limited by the nature of their office, and by the moral law; but this leaves their authority untouched, and the obligation to submission where we can not obey, unimpaired.
Have we then got back to the old doctrine of "passive obedience" by another route? Not at all. The scriptural rule above recited relates to individuals. It prescribes the duty of submission even to unjust and wicked laws, on the part of men in their separate capacity; but it does not deny the right of revolution as existing in the community. What the Scriptures forbid, is that any man should undertake to resist the law. They do not forbid either change in the laws or change in the government. There is an obvious difference between these two things, viz: the right of resistance on the part of individuals, and the right of revolution on the part of the people. This latter right we argue from the divine institution of government itself. God has revealed his will that government should exist, but he has not prescribed the form which it shall assume. In other words, he has commanded men to organize such government, but has left the form to be determined by themselves. This is a necessary inference. It follows from the mere silence of Scripture and nature on this subject, that it is left free to the determination of those to whom the general command is given. In the next place, this right is to be inferred from the design of civil government. That design is the welfare of the people. It is the promotion of their physical and moral improvement; the security of life and property; the punishment of evil doers, and the praise of those who do well. If such is the end which God designs government to answer, it must be his will that it should be made to accomplish that purpose, and consequently that it may be changed from time to time, so as to secure that end. No one form of government is adapted to all states of society, any more than one suit of clothes is proper to all stages of life. The end for which clothing is designed, supposes the right to adapt it to that end. In like manner the end government is intended to answer, supposes the right to modify it whenever such modification is necessary. If God commands men to accomplish certain ends, and does not prescribe the means, he does thereby leave the choice of the means to their discretion. And any institution which fails to accomplish the end intended by it, if it has not a divine sanction as to its form, may lawfully be so changed as to suit the purpose for which it was appointed. We hold, therefore, that the people have, by divine right, the authority to change, not only their rulers, but their form of government, whenever the one or the other, instead of promoting the well-being of the community, is unjust or injurious. This is a right which, like all other prerogatives, may be exercised unwisely, capriciously, or even unjustly, but still it is not to be denied. It has been recognized and exercised in all ages of the world, and with the sanction of the best of men. It is as unavoidable and healthful as the changes in the body to adapt it to the increasing vigor of the mind, in its progress from infancy to age. The progress of society depends on the exercise of this right. It is impossible that its powers should be developed, if it were to be forever wrapt up in its swaddling clothes, or coffined as a mummy. The early Christians submitted quietly to the unjust laws of their Pagan oppressors, until the mass of the community became Christians, and then they revolutionized the government. Protestants acted in the same way with their papal rulers. So did our forefathers, and so may any people whose form of government no longer answers the end for which God has commanded civil government to be instituted. The Quakers are now a minority in all the countries in which they exist, and furnish an edifying example of submission to the laws which they can not conscientiously obey. But should they come, in any political society, to be the controlling power, it is plain they would have the right to conduct it on their own principles.
The right of revolution therefore is really embedded in the right to serve God. A government which interferes with that service, which commands what God forbids, or forbids what he commands, we are bound by our duty to him to change as soon as we have the power. If this is not so, then God has subjected his people to the necessity of always submitting to punishment for obeying his commands, and has cut them off from the only means which can insure their peaceful and secure enjoyment of the liberty to do his will. No one, however, in our land, or of the race to which we belong, will be disposed to question the right of the people to change their form of government. Our history forbids all diversity of sentiment on this subject. We are only concerned to show that the scriptural doctrine of civil government is perfectly consistent with that right; or rather that the right is one of the logical deductions from that doctrine.
We have thus endeavored to prove that government is a divine institution; that obedience to the laws is a religious duty; that such obedience is due in all cases in which it can be rendered with a good conscience; that when obedience can not be yielded without sinning against God, then our duty as individuals is quietly to submit to the infliction of the penalty attached to disobedience; and that the right of resistance or of revolution rests only in the body of people for whose benefit government is instituted.
The application of these principles to the case of the fugitive slave law is so obvious, as hardly to justify remark. The great body of the people regard that law as consistent with the constitution of the country and the law of God. Their duty, therefore, in the premises, whether they think it wise or unwise, is perfectly plain. Those who take the opposite view of the law, having in the great majority of cases, nothing to do with enforcing it, are in no measure responsible for it. Their duty is limited to the use of peaceable and constitutional means to get it repealed. A large part of the people of this country thought the acquisition of Louisiana; the admission of Texas into the Union by a simple resolution; the late Mexican war; were either unjust or unconstitutional, but there was no resistance to these measures. None was made, and none would have been justifiable. So in the present case, as the people generally are not called upon either to do, or to forbear from doing, any thing their conscience forbids, all resistance to the operation of this law on their part must be without excuse. With regard to the executive officers, whose province it is to carry the law into effect, though some of them may disapprove of it as unwise, harsh, or oppressive, still they are bound to execute it, unless they believe the specific act which they are called upon to perform involves personal criminality, and then their duty is the resignation of their office, and not resistance to the law. There is the most obvious difference between an officer being called upon, for example, to execute a decision of a court, which in his private opinion he thinks unjust, and his being called upon to blaspheme, or commit murder. The latter involves personal guilt, the former does not. He is not the judge of the equity or propriety of the decision which he is required to carry into effect. It is evident that the wheels of society would be stopped, if every officer of the government, and every minister of justice should feel that he is authorized to sit in judgment on the wisdom or righteousness of any law he was called upon to execute. He is responsible for his own acts, and not for the judgments of others, and therefore when the execution of a law or of a command of a superior does not require him to sin, he is free to obey.
Again, in those cases in which we, as private individuals, may be called upon to assist in carrying the fugitive slave law into effect, if we can not obey, we must do as the Quakers have long done with regard to our military laws, i. e. quietly submit. We have no right to resist, or in any way to impede the operation of the law. Whatever sin there is in it, does not rest on us, any more than the sin of our military system rests on the Quakers.[259]
And finally as regards the fugitives themselves, their obvious duty is submission. To them the law must appear just as the laws of the Pagans against Christians, or of Romanists against Protestants, appeared to those who suffered from them. And the duty in both cases is the same. Had the martyrs put to death the officers of the law, they would in the sight of God and man have been guilty of murder. And any one who teaches fugitive slaves to resort to violence even to the sacrifice of life, in resisting the law in question, it seems to us, is guilty of exciting men to murder. As before remarked, the principle of self-defense does not apply in this case. Is there no difference between a man who kills an assassin who attempts his life on the highway, and the man who, though knowing himself to be innocent of the crime for which he has been condemned to die, should kill the officers of justice? The former is a case of justifiable homicide, the other is a case of murder. The officers of justice are not the offenders. They are not the persons responsible for the law or the decision. That responsibility rests on the government. Private vengeance can not reach the state. And if it could, such vengeance is not the remedy ordained by God for such evils. They are to be submitted to, until the government can be changed. How did our Lord act when he was condemned by an oppressive judgment, and with wicked hands crucified and slain? Did he kill the Roman soldiers? Has not he left us an example that we should follow his steps: who did no sin, neither was guile found in his mouth; who, when he was reviled, reviled not again; when he suffered, he threatened not; but committed himself unto him that judgeth righteously. On this principle did all his holy martyrs act; and on this principle are we bound to act in submitting to the laws of the land, even when we deem them oppressive or unjust.
The principles advocated in this paper appear to us so elementary, that we feel disposed to apologize for presenting them in such a formal manner. But every generation has to learn the alphabet for itself. And the mass of men are so occupied with other matters, that they do not give themselves time to discriminate. Their judgments are dictated, in many cases, by their feelings, or their circumstances. One man simply looks to the hardship of forcing a slave back to bondage, and he impulsively counsels resistance unto blood. Another looks to the evils which follow from resistance to law, and he asserts that human laws are in all cases to be obeyed. Both are obviously wrong. Both would overthrow all government. The one by justifying every man's taking the law into his own hands; and the other by destroying the authority of God, which is the only foundation on which human government can rest. It is only by acting on the direction of the Divine Wisdom incarnate: "Render unto Caesar the things that are Caesar's, and unto God the things that are God's," that these destructive extremes are to be avoided. Government is a divine institution; obedience to the laws is commanded by God; and yet like all other divine commands of the same class, there are cases in which it ceases to be obligation. Of these cases every one must judge for himself on his own responsibility to God and man; but when he cannot obey, his duty is to submit. The divinely appointed remedy for unjust or oppressive legislation is not private or tumultuous opposition, but the repeal of unrighteous enactments, or the reorganization of the government.
What, however, we have had most at heart in the preparation of this article, is the exhibition of the great principle that all authority reposes on God; that all our obligations terminate on him; that government is not a mere voluntary compact, and obedience to law an obligation which rests on the consent of the governed. We regard this as a matter of primary importance. The character of men and of communities depends, to a great extent on their faith. The theory of morals which they adopt determines their moral charactcter. If they assume that expediency is the rule of duty, that a thing is right because it produces happiness, or wrong because it produces misery, that this tendency is not merely the test between right and wrong, but the ground of the distinction, then, the specific idea of moral excellence and obligation is lost. All questions of duty are merged into a calculation of profit and loss. There is no sense of God; reason or society takes his place, and an irreligious, calculating cast of character is the inevitable result. This is counteracted, in individuals and the community by various causes, for neither the character of a man nor that of a society is determined by any one opinion; but its injurious influence may nevertheless be most manifest and deplorable. No man can fail to see the deteriorating influence of this theory of morals on public character both in this country and in England. If we would make men religious and moral, instead of merely cute, let us place God before them; let us teach them that his will is the ground of their obligations; that they are responsible to him for all their acts; that their allegiance as moral agents is not to reason or to society, but to the heart-searching God; that the obligation to obey the laws of the land does not rest on their consent to them, but to the fact government is of God; that those who resist the magistrate, resist the ordinance of God, and that they who resist, shall receive unto themselves damnation. This is the only doctrine which can give stablity either to morals or to government. Man's allegiance is not to reason in the abstract, nor to society, but to a personal God, who has power to destroy both soul and body in hell. This is a law revealed in the constitution of our nature, as well as by the lips of Christ. And to no other sovereign can the soul yield rational obedience. We might as well attempt to substitute some mechanical contrivance of our own, for the law of gravitation, as a means of keeping the planets in their orbits, as to expect to govern men by any thing else than the fear of an Infinite God.
FOOTNOTES:
[258] In the New York Independent for January 2, 1851, there is a sermon delivered by Rev. Richard S. Storrs, Jr., of Brooklyn, Dec. 12, 1850, in which his opposition to the fugitive slave bill is expressly placed on the injustice of slavery. He argues the matter almost exclusively on that ground. "To what," he asks, "am I required to send this man [the slave] back? To a system which . . . no man can contemplate without shuddering." Again, "Why shall I send the man to this unjust bondage? The fact that he has suffered it so long already is a reason why I should NOT. . . . . Why shall I not HELP him, in his struggle for the rights which God gave him indelibly, when he made him a man? There is nothing to prevent, but the simple requirement of my equals in the State; the parchment of the law, which they have written." This is an argument against the Constitution and not against the fugitive slave law. It is an open refusal to comply with one of the stipulations of our national compact. If it has any force, it is in favor of the dissolution of the Union. Nay, if the argument is sound it makes the dissolution of the Union inevitable and obligatory. It should, therefore, in all fairness be presented in that light, and not as an argument against the law of Congress. Let it be understood that the ground now assumed is that the Constitution can not be complied with. Let it be seen that the moralists of our day have discovered that the compact framed by our fathers, which all our public men in the general and state governments have sworn to support, under which we have lived sixty years, and whose fruits we have so abundantly enjoyed, is an immoral compact, and must be repudiated out of duty to God. This is the real doctrine constantly presented in the abolition prints; and if properly understood we should soon see to what extent it commends itself to the judgment and conscience of the people.
[259] The doctrine that the executive officers of a government are not the responsible judges of the justice of its decisions, is perfectly consistent with the principle advanced above, viz: that every man has the right to judge for himself whether any law or command is obligatory. This latter principle relates to acts for which we are personally responsible. If a military officer is commanded to commit treason or murder, he is bound to refuse; because those acts are morally wrong. But if commanded to lead an army against an enemy he is bound to obey, for that is not morally wrong. He is the judge of his own act, but not of the act of the government in declaring the war. So a sheriff, if he thinks all capital punishment a violation of God's law, he can not carry a sentence of death into effect, because the act itself is sinful in his view. But he is not the judge of the justice of any particular sentence he is called on to execute. He may judge of his own part of the transaction: but he is not responsible for the act of the judge and the jury.
THE BIBLE ARGUMENT ON SLAVERY.
BY CHARLES HODGE, D.D., OF PRINCETON, N. J.
NOTE.—This Essay of Dr. Hodge, was designed by the Editor, to follow that of Dr. Stringfellow, but the copy was not received until the stereotyping had progressed nearly to the close of the volume. PUBLISHER.
* * * * *
Infatuation of the Abolitionists—Necessity of Correct Opinions—Statement of the Question—Slavery as Treated by Christ and his Apostles—Slaveholding not Sinful—Answer to this Argument—Dr. Channing's Answer—Admissions—Reply to the Abolition Argument—Mr. Birney's Admissions—Argument from the Old Testament—Polygamy and Divorce—Inalienable Rights.
EVERY one must be sensible that a very great change has, within a few years, been produced in the feelings, if not in the opinions of the public in relation to slavery. It is now the most exciting topic of discussion. Nor is the excitement in society confined to discussion alone. Designs and plans, of the most reprehensible character, are boldly avowed and defended. What has produced this lamentable state of things? No doubt many circumstances have combined in its production. We think, however, that all impartial observers must acknowledge, that by far the most prominent cause is the conduct of the abolitionists. . . . . Nor is it by argument that the abolitionists have produced the present unhappy excitement. Argument has not been the characteristic of their publications. Denunciations of slaveholding, as manstealing, robbery, piracy, and worse than murder; consequent vituperation of slaveholders as knowingly guilty of the worst of crimes; passionate appeals to the feelings of the inhabitants of the Northern States; gross exaggerations of the moral and physical condition of the slaves, have formed the staple of their addresses to the public.[260] We do not mean to say that there has been no calm and Christian discussion of the subject. We mean merely to state what has, to the best of our knowledge, been the predominent character of the anti-slavery publications. There is one circumstance which renders the error and guilt of this course of conduct chargeable, in a great measure, on the abolitionists as a body, and even upon those of their number who have pursued a different course. We refer to the fact that they have upheld the most extreme publications, and made common cause with the most reckless declaimers. The wildest ravings of the Liberator have been constantly lauded; agents have been commissioned whose great distinction was a talent for eloquent vituperation; coincidence of opinion as to the single point of immediate emancipation has been sufficient to unite men of the most discordant character. There is in this conduct such a strange want of adaptation between the means and the end which they profess to have in view, as to stagger the faith of most persons in the sincerity of their professions, who do not consider the extremes to which even good men may be carried, when they allow one subject to take exclusive possession of their minds. We do not doubt their sincerity, but we marvel at their delusion. They seem to have been led by the mere impulse of feeling, and a blind imitation of their predecessors in England, to a course of measures, which, though rational under one set of circumstances, is the hight of infatuation under another. The English abolitionists addressed themselves to a community, which, though it owned no slaves, had the power to abolish slavery, and was therefore responsible for its continuance. Their object was to rouse that community to immediate action. For this purpose they addressed themselves to the feelings of the people; they portrayed in the strongest colors the misery of the slaves; they dilated on the gratuitous crime of which England was guilty in perpetuating slavery, and did all they could to excite the passions of the public. This was the course most likely to succeed, and it did succeed. Suppose, however, that the British parliament had no power over the subject; that it rested entirely with the colonial Assemblies to decide whether slavery should be abolished or not. Does any man believe the abolitionists would have gained their object? Did they in fact make converts of the planters? Did they even pretend that such was their design? Every one knows that their conduct produced a state of almost frantic excitement in the West India Islands; that so far from the public feeling in England producing a moral impression upon the planters favorable to the condition of the slaves, its effect was directly the reverse. It excited them to drive away the missionaries, to tear down the chapels, to manifest a determination to rivet still more firmly the chains on their helpless captives, and to resist to the utmost all attempts for their emancipation or even improvement. All this was natural, though it was all, under the circumstances, of no avail, except to rouse the spirit of the mother country, and to endanger the result of the experiment of emancipation, by exasperating the feelings of the slaves. Precisely similar has been the result of the efforts of the American abolitionists as regards the slaveholders of America. They have produced a state of alarming exasperation at the South, injurious to the slave and dangerous to the country, while they have failed to enlist the feelings of the North. This failure has resulted, not so much from diversity of opinion on the abstract question of slavery; or from want of sympathy among Northern men in the cause of human rights, as from the fact, that the common sense of the public has been shocked by the incongruity and folly of hoping to effect the abolition of slavery in one country, by addressing the people of another. We do not expect to abolish despotism in Russia, by getting up indignation meetings in New York. Yet for all the purposes of legislation on this subject, Russia is not more a foreign country to us than South Carolina. The idea of inducing the Southern slaveholder to emancipate his slaves by denunciation, is about as rational as to expect the sovereigns of Europe to grant free institutions, by calling them tyrants and robbers. Could we send our denunciations of despotism among the subjects of those monarchs, and rouse the people to a sense of their wrongs and a determination to redress them, there would be some prospect of success. But our Northern abolitionists disclaim, with great earnestness, all intention of allowing their appeals to reach the ears of the slaves. It is, therefore, not to be wondered at, that the course pursued by the anti-slavery societies, should produce exasperation at the South, without conciliating sympathy at the North. The impolicy of their conduct is so obvious, that men who agree with them as to all their leading principles, not only stand aloof from their measures, but unhesitatingly condemn their conduct. This is the case with Dr. Channing. Although his book was written rather to repress the feeling of opposition to these societies, than to encourage it, yet he fully admits the justice of the principal charges brought against them. We extract a few passages on the subject. "The abolitionists have done wrong, I believe; nor is their wrong to be winked at, because done fanatically, or with good intentions; for how much mischief may be wrought with good designs! They have fallen into the common error of enthusiasts, that of exaggerating their object, of feeling as if no evil existed but that which they opposed, and as if no guilt could be compared with that of countenancing and upholding it. The tone of their newspapers, as far as I have seen them, has often been fierce, bitter, and abusive." p. 133. "Another objection to their movements is, that they have sought to accomplish their object by a system of agitation; that is, by a system of affiliated societies gathered, and held together, and extended, by passionate eloquence." "The abolitionists might have formed an association; but it should have been an elective one. Men of strong principles, judiciousness, sobriety, should have been carefully sought as members. Much good might have been accomplished by the co-operation of such philanthropists. Instead of this, the abolitionists sent forth their orators, some of them transported with fiery zeal, to sound the alarm against slavery through the land, to gather together young and old, pupils from schools, females hardly arrived at years of discretion, the ignorant, the excitable, the impetuous, and to organize these into associations for the battle against oppression. Very unhappily they preached their doctrine to the colored people, and collected these into societies.[261] To this mixed and excitable multitude, minute, heartrending descriptions of slavery were given in the piercing tones of passion; and slaveholders were held up as monsters of cruelty and crime." p. 136. "The abolitionists often speak of Luther's vehemence as a model to future reformers. But who, that has read history, does not know that Luther's reformation was accompanied by tremendous miseries and crimes, and that its progress was soon arrested? and is there not reason to fear, that the fierce, bitter, persecuting spirit, which he breathed into the work, not only tarnished its glory, but limited its power? One great principle which we should lay down as immovably true, is, that if a good work can not be carried on by the calm, self-controlled, benevolent spirit of Christianity, then the time for doing it has not come. God asks not the aid of our vices. He can overrule them for good, but they are not to be chosen instruments of human happiness." p. 138. "The adoption of the common system of agitation by the abolitionists has proved signally unsuccessful. From the beginning it created alarm in the considerate, and strengthened the sympathies of the free States with the slaveholder. It made converts of a few individuals, but alienated multitudes. Its influence at the South has been evil without mixture.[262] It has stirred up bitter passions and a fierce fanaticism, which have shut every ear and every heart against its arguments and persuasions. These effects are the more to be deplored, because the hope of freedom to the slaves lies chiefly in the dispositions of his master. The abolitionist indeed proposed to convert the slaveholders; and for this end he approached them with vituperation, and exhausted on them the vocabulary of abuse! And he has reaped as he sowed." p. 142.
Unmixed good or evil, however, in such a world as ours, is a very rare thing. Though the course pursued by the abolitionists has produced a great preponderance of mischief, it may incidentally occasion no little good. It has rendered it incumbent on every man to endeavor to obtain, and, as far as he can, to communicate definite opinions and correct principles on the whole subject. The community are very apt to sink down into indifference to a state of things of long continuance, and to content themselves with vague impressions as to right and wrong on important points, when there is no call for immediate action. From this state the abolitionists have effectually roused the public mind. The subject of slavery is no longer one on which men are allowed to be of no mind at all. The question is brought up before all of our public bodies, civil and religious. Almost every ecclesiastical society has in some way been called to express an opinion on the subject; and these calls are constantly repeated. Under these circumstances, it is the duty of all in their appropriate sphere, to seek for truth, and to utter it in love.
"The first question," says Dr. Channing, "to be proposed by a rational being, is not what is profitable, but what is right. Duty must be primary, prominent, most conspicuous, among the objects of human thought and pursuit. If we cast it down from its supremacy, if we inquire first for our interests and then for our duties we shall certainly err. We can never see the right clearly and fully, but by making it our first concern. . . . Right is the supreme good, and includes all other goods. In seeking and adhering to it, we secure our true and only happiness. All prosperity, not founded on it, is built on sand. If human affairs are controlled, as we believe, by almighty rectitude and impartial goodness, then to hope for happiness from wrong doing is as insane as to seek health and prosperity by rebelling against the laws of nature, by sowing our seed on the ocean, or making poison our common food. There is but one unfailing good; and that is, fidelity to the everlasting law written on the heart, and re-written and re-published in God's word.
"Whoever places this faith in the everlasting law of rectitude must, of course, regard the question of slavery, first, and chiefly, as a moral question. All other considerations will weigh little with him compared with its moral character and moral influences. The following remarks, therefore, are designed to aid the reader in forming a just moral judgment of slavery. Great truths, inalienable rights, everlasting duties, these will form the chief subjects of this discussion. There are times when the assertion of great principles is the best service a man can render society. The present is a moment of bewildering excitement, when men's minds are stormed and darkened by strong passions and fierce conflicts; and also a moment of absorbing worldliness, when the moral law is made to bow to expediency, and its high and strict requirements are decried or dismissed as metaphysical abstractions, or impracticable theories. At such a season to utter great principles without passion, and in the spirit of unfeigned and universal good will, and to engrave them deeply and durably on men's minds, is to do more for the world, than to open mines of wealth, or to frame the most successful schemes of policy."
No man can refuse assent to these principles. The great question, therefore, in relation to slavery is, what is right? What are the moral principles which should control our opinions and conduct in regard to it? Before attempting an answer to this question, it is proper to remark, that we recognize no authoritative rule of truth and duty but the word of God. Plausible as may be the arguments deduced from general principles to prove a thing to be true or false, right and wrong, there is almost always room for doubt and honest diversity of opinion. Clear as we may think the arguments against despotism, there ever have been thousands of enlightened and good men, who honestly believe it to be of all forms of government the best and most acceptable to God. Unless we can approach the consciences of men, clothed with some more imposing authority than that of our own opinions and arguments, we shall gain little permanent influence. Men are too nearly upon a par as to their powers of reasoning, and ability to discover truth, to make the conclusions of one mind an authoritative rule for others. It is our object, therefore, not to discuss the subject of slavery upon abstract principles, but to ascertain the scriptural rule of judgment and conduct in relation to it. We do not intend to enter upon any minute or extended examination of scriptural passages, because all that we wish to assume, as to the meaning of the word of God, is so generally admitted as to render the labored proof of it unnecessary.
It is on all hands acknowledged that, at the time of the advent of Jesus Christ, slavery in its worst forms prevailed over the whole world. The Saviour found it around him in Judea; the apostles met with it in Asia, Greece and Italy. How did they treat it? Not by the denunciation of slaveholding as necessarily and universally sinful. Not by declaring that all slaveholders were men-stealers and robbers, and consequently to be excluded from the church and the kingdom of heaven. Not by insisting on immediate emancipation. Not by appeals to the passions of men on the evils of slavery, or by the adoption of a system of universal agitation. On the contrary, it was by teaching the true nature, dignity, equality and destiny of men; by inculcating the principles of justice and love; and by leaving these principles to produce their legitimate effects in ameliorating the condition of all classes of society. We need not stop to prove that such was the course pursued by our Saviour and his apostles, because the fact is in general acknowledged, and various reasons are assigned, by the abolitionists and others, to account for it. The subject is hardly alluded to by Christ in any of his personal instructions. The apostles refer to it, not to pronounce upon it as a question of morals, put to prescribe the relative duties of masters and slaves. They caution those slaves who have believing or Christian masters, not to despise them because they were on a perfect religious equality with them, but to consider the fact that their masters were their brethren, as an additional reason for obedience. It is remarkable that there is not even an exhortation to masters to liberate their slaves, much less is it urged as an imperative and immediate duty. They are commanded to be kind, merciful and just; and to remember that they have a Master in heaven. Paul represents this relation as of comparatively little account: "Let every man abide in the same calling wherein he was called. Art thou called being a servant (or slave), care not for it; though, should the opportunity of freedom be presented, embrace it. These external relations, however, are of little importance, for every Christian is a freeman in the highest and best sense of the word, and at the same time is under the strongest bonds to Christ," 1 Cor. vii: 20-22. It is not worth while to shut our eyes to these facts. They will remain, whether we refuse to see them and be instructed by them or not. If we are wiser, better, more courageous than Christ and his apostles, let us say so; but it will do no good, under a paroxysm of benevolence, to attempt to tear the Bible to pieces, or to exhort, by violent exegesis, a meaning foreign to its obvious sense. Whatever inferences may be fairly deducible from the fact, the fact itself can not be denied that Christ and his inspired followers did treat the subject of slavery in the manner stated above. This being the case, we ought carefully to consider their conduct in this respect, and inquire what lessons that conduct should teach us.
We think no one will deny that the plan adopted by the Saviour and his immediate followers must be the correct plan, and therefore obligatory upon us, unless it can be shown that their circumstances were so different from ours, as to make the rule of duty different in the two cases. The obligation to point out and establish this difference, rests of course upon those who have adopted a course diametrically the reverse of that which Christ pursued. They have not acquitted themselves of this obligation. They do not seem to have felt it necessary to reconcile their conduct with his; nor does it appear to have occurred to them, that their violent denunciations of slaveholding and of slaveholders is an indirect reflection on his wisdom, virtue, or courage. If the present course of the abolitionists is right, then the course of Christ and the apostles were wrong. For the circumstances of the two cases are, as far as we can see, in all essential particulars, the same. They appeared as teachers of morality and religion, not as politicians. The same is the fact with our abolitionists. They found slavery authorized by the laws of the land. So do we. They were called upon to receive into the communion of the Christian Church, both slave owners and slaves. So are we. They instructed these different classes of persons as to their respective duties. So do we. Where then is the difference between the two cases? If we are right in insisting that slaveholding is one of the greatest of all sins; that it should be immediately and universally abandoned as a condition of church communion, or admission into heaven, how comes it that Christ and his apostles did not pursue the same course? We see no way of escape from the conclusion that the conduct of the modern abolitionists, being directly opposed to that of the authors of our religion, must be wrong and ought to be modified or abandoned.
An equally obvious deduction from the fact above referred to, is, that slaveholding is not necessarily sinful. The assumption of the contrary is the great reason why the modern abolitionists have adopted their peculiar course. They argue thus: slaveholding is under all circumstances sinful, it must, therefore, under all circumstances, and at all hazards, be immediately abandoned. This reasoning is perfectly conclusive. If there is error any where, it is in the premises, and not in the deduction. It requires no argument to show that sin ought to be at once abandoned. Every thing, therefore, is conceded which the abolitionists need require, when it is granted that slaveholding is in itself a crime. But how can this assumption be reconciled with the conduct of Christ and the apostles? Did they shut their eyes to the enormities of a great offence against God and man? Did they temporize with a henious evil, because it was common and popular? Did they abstain from even exhorting masters to emancipate their slaves, though an imperative duty, from fear of consequences? Did they admit the perpetrators of the greatest crimes to the Christian communion? Who will undertake to charge the blessed Redeemer and his inspired followers with such connivance at sin, and such fellowship with iniquity? Were drunkards, murderers, liars, and adulterers thus treated? Were they passed over without even an exhortation to forsake their sins? Were they recognized as Christians? It can not be that slaveholding belongs to the same category with these crimes; and to assert the contrary, is to assert that Christ is the minister of sin.
This is a point of so much importance, lying as it does at the very foundation of the whole subject, that it deserves to be attentively considered. The grand mistake, as we apprehend, of those who maintain that slaveholding is itself a crime, is, that they do not discriminate between slaveholding in itself considered, and its accessories at any particular time or place. Because masters may treat their slaves unjustly, or governments make oppressive laws in relation to them, is no more a valid argument against the lawfulness of slaveholding, than the abuse of parental authority, or the unjust political laws of certain states, is an argument against the lawfulness of the parental relation, or of civil government. This confusion of points so widely distinct, appears to us to run through almost all the popular publications on slavery, and to vitiate their arguments. Mr. Jay, for example, quotes the second article of the constitution of the American Anti-Slavery Society, which declares that "slaveholding is a heinous crime in the sight of God," and then, to justify this declaration, makes large citations from the laws of the several Southern States, to show what the system of slavery is in this country, and concludes by saying, "This is the system which the American Anti-Slavery Society declares to be sinful, and ought therefore to be immediately abolished." There is, however, no necessary connection between his premises and conclusion. We may admit all those laws which forbid the instruction of slaves; which interfere with their marital or parental rights; which subject them to the insults and oppression of the whites, to be in the highest degree unjust, without at all admitting that slaveholding itself is a crime. Slavery may exist without any one of these concomitants. In pronouncing on the moral character of an act, it is obviously necessary to have a clear idea of what it is; yet how few of those who denounce slavery, have any well-defined conception of its nature. They have a confused idea of chains and whips, of degradation and misery, of ignorance and vice, and to this complex conception they apply the name slavery, and denounce it as the aggregate of all moral and physical evil. Do such persons suppose that slavery, as it existed in the family of Abraham, was such as their imaginations thus picture to themselves? Might not that patriarch have had men purchased with his silver who were well clothed, well instructed, well compensated for their labor, and in all respects treated with parental kindness? Neither inadequate remuneration, physical discomfort, intellectual ignorance, moral degradation, is essential to the condition of a slave. Yet if all these ideas are removed from the commonly received notion of slavery, how little will remain. All the ideas which necessarily enter into the definition of slavery are deprivation of personal liberty, obligation of service at the discretion of another, and the transferable character of the authority and claim of service of the master.[263] The manner in which men are brought into this condition; its continuance, and the means adopted for securing the authority and claim of masters, are all incidental and variable. They may be reasonable or unreasonable, just or unjust, at different times and places. The question, therefore, which the abolitionists have undertaken to decide, is not whether the laws enacted in the slaveholding States in relation to this subject are just or not, but whether slaveholding, in itself considered, is a crime. The confusion of these two points has not only brought the abolitionists into conflict with the Scriptures, but it has, as a necessary consequence, prevented their gaining the confidence of the North, or power over the conscience of the South. When Southern Christians are told that they are guilty of a heinous crime, worse than piracy, robbery, or murder, because they hold slaves, when they know that Christ and his apostles never denounced slaveholding as a crime, never called upon men to renounce it as a condition of admission into the church, they are shocked and offended, without being convinced. They are sure that their accusers can not be wiser or better than their divine Master, and their consciences are untouched by denunciations which they know, if well founded, must affect not them only, but the authors of the religion of the Bible.
The argument from the conduct of Christ and his immediate followers, seems to us decisive on the point, that slaveholding, in itself considered, is not a crime. Let us see how this argument has been answered. In the able "Address to the Presbyterians of Kentucky, proposing a plan for the instruction and emancipation of their slaves, by a committee of the Synod of Kentucky," there is a strong and extended argument to prove the sinfulness of slavery, as it exists among us, to which we have little to object. When, however, the distinguished draughter of that address comes to answer the objection, "God's word sanctions slavery, and it can not, therefore, be sinful," he forgets the essential limitation of the proposition which he had undertaken to establish, and proceeds to prove that the Bible condemns slaveholding, and not merely the kind or system of slavery which prevails in this country. The argument drawn from the Scriptures, he says, needs no elaborate reply. If the Bible sanctions slavery, it sanctions the kind of slavery which then prevailed; the atrocious system which authorized masters to starve their slaves, to torture them, to beat them, to put them to death, and to throw them into their fish ponds. And he justly asks, whether a man could insult the God of heaven worse than by saying he does not disapprove of such a system? Dr. Channing presents strongly the same view, and says, that an infidel would be laboring in his vocation in asserting that the Bible does not condemn slavery. These gentlemen, however, are far too clear-sighted not to discover, on a moment's reflection, that they have allowed their benevolent feelings to blind them to the real point at issue. No one denies that the Bible condemns all injustice, cruelty, oppression, and violence. And just so far as the laws then existing authorized these crimes, the Bible condemned them. But what stronger argument can be presented, to prove that the sacred writers did not regard slaveholding as in itself sinful, than that while they condemn all unjust or unkind treatment (even threatening), on the part of masters towards their slaves, they did not condemn slavery itself? While they required the master to treat his slave according to the law of love, they did not command him to set him free. The very atrocity, therefore, of the system which then prevailed, instead of weakening the argument, gives it tenfold strength. Then, if ever, when the institution was so fearfully abused, we might expect to hear the interpreters of the divine will, saying that a system which leads to such results is the concentrated essence of all crimes, and must be instantly abandoned, on pain of eternal condemnation. This, however, they did not say, and we can not now force them to say it. They treated the subject precisely as they did the cruel despotism of the Roman emperors. The licentiousness, the injustice, the rapine and murders of those wicked men, they condemned with the full force of divine authority; but the mere extent of their power, though so liable to abuse, they left unnoticed.
Another answer to the argument in question is, that "The New Testament does condemn slaveholding, as practiced among us, in the most explicit terms furnished by the language in which the sacred penman wrote." This assertion is supported by saying that God has condemned slavery, because he has specified the parts which compose it and condemned them, one by one, in the most ample and unequivocal form.[264] It is to be remarked that the saving clause "slaveholding as it exists among us," is introduced into the statement, though it seems to be lost sight of in the illustration and confirmation of it which follow. We readily admit, that if God does condemn all the parts of which slavery consists, he condemns slavery itself. But the draughter of the address has made no attempt to prove that this is actually done in the sacred Scriptures. That many of the attributes of the system as established by law in this country, are condemned, is indeed very plain; but that slaveholding in itself is condemned, has not been and can not be proved. The writer, indeed, says, "The Greek language had a word corresponding exactly, in signification, with our word servant, but it had none which answered precisely to our term slave. How then was an apostle writing in Greek, to condemn our slavery? How can we expect to find in Scripture, the words 'slavery is sinful,' when the language in which it is written contained no term which expressed the meaning of our word slavery?" Does the gentleman mean to say the Greek language could not express the idea that slaveholding is sinful? Could not the apostles have communicated the thought that it was the duty of masters to set their slaves free? Were they obliged from paucity of words to admit slaveholders into the Church? We have no doubt the writer himself could, with all ease, pen a declaration in the Greek language void of all ambiguity, proclaiming freedom to every slave upon earth, and denouncing the vengeance of heaven upon every man who dared to hold a fellow creature in bondage. It is not words we care for. We want evidence that the sacred writers taught that it was incumbent on every slaveholder, as a matter of duty, to emancipate his slaves (which no Roman or Greek law forbade), and that his refusing to do so was a heinous crime in the sight of God. The Greek language must be poor indeed if it can not convey such ideas.
Another answer is given by Dr. Channing. "Slavery," he says, "in the age of the apostle, had so penetrated society, was so intimately interwoven with it, and the materials of servile war were so abundant, that a religion, preaching freedom to its victims, would have armed against itself the whole power of the State. Of consequence Paul did not assail it. He satisfied himself with spreading principles, which, however slowly, could not but work its destruction." To the same effect, Dr. Wayland says, "The gospel was designed, not for one race or one time, but for all men and for all times. It looked not at the abolition of this form of evil for that age alone, but for its universal abolition. Hence the important object of its author was to gain it a lodgment in every part of the known world; so that, by its universal diffusion among all classes of society, it might quietly and peacefully modify and subdue the evil passions of men; and thus, without violence, work a revolution in the whole mass of mankind. In this manner alone could its object, a universal moral revolution, be accomplished. For if it had forbidden the evil without subduing the principle, if it had proclaimed the unlawfulness of slavery, and taught slaves to resist the oppression of their masters, it would instantly have arrayed the two parties in deadly hostility throughout the civilized world; its announcement would have been the signal of a servile war; and the very name of the Christian religion would have been forgotten amidst the agitations of universal bloodshed. The fact, under these circumstances, that the gospel does not forbid slavery, affords no reason to suppose that it does not mean to prohibit it, much less does it afford ground for belief that Jesus Christ intended to authorize it."[265]
Before considering the force of this reasoning, it may be well to notice one or two important admissions contained in these extracts. First, then, it is admitted by these distinguished moralists, that the apostles did not preach a religion proclaiming freedom to slaves; that Paul did not assail slavery; that the gospel did not proclaim the unlawfulness of slaveholding; it did not forbid it. This is going the whole length that we have gone in our statement of the conduct of Christ and his apostles, Secondly, these writers admit that the course adopted by the authors of our religion was the only wise and proper one. Paul satisfied himself, says Dr. Channing, with spreading principles, which, however slowly, could not but work its destruction. Dr. Wayland says, that if the apostles had pursued the opposite plan of denouncing slavery as a crime, the Christian religion would have been ruined; its very name would have been forgotten. Then how can the course of the modern abolitionists, under circumstances so nearly similar, or even that of these reverend gentlemen themselves be right? Why do not they content themselves with doing what Christ and his apostles did? Why must they proclaim the unlawfulness of slavery? Is human nature so much altered, that a course, which would have produced universal bloodshed, and led to the very destruction of the Christian religion, in one age, wise and Christian in another?
Let us, however, consider the force of the argument as stated above. It amounts to this: Christ and his apostles thought slaveholding a great crime, but they abstained from saying so, for fear of the consequences. The very statement of the argument, in its naked form, is its refutation. These holy men did not refrain from condemning sin from a regard to consequences. They did not hesitate to array against the religion which they taught, the strongest passions of men. Nor did they content themselves with denouncing the general principles of evil; they condemned its special manifestations. They did not simply forbid intemperate sensual indulgence, and leave it to their hearers to decide what did or what did not come under that name. They declared that no fornicator, no adulterer, no drunkard could be admitted into the kingdom of heaven. They did not hesitate, even when a little band, a hundred and twenty souls, to place themselves in direct and irreconcilable opposition to the whole polity, civil and religious, of the Jewish State. It will hardly be maintained that slavery was, at that time, more intimately interwoven with the institutions of society than idolatry was. It entered into the arrangements of every family; of every city and province, and of the whole Roman empire. The emperor was the Pontifex Maximus; every department of the State, civil and military, was pervaded by it. It was so united with the fabric of the government that it could not be removed without effecting a revolution in all its parts. The apostles knew this. They knew that to denounce polytheism, was to array against them the whole power of the State. Their divine Master had distinctly apprized them of the result. He told them that it would set the father against the son, and the son against the father; the mother against the daughter, and the daughter against the mother; and that a man's enemies should be those of his own household. He said that he came not to bring peace, but a sword, and that such would be the opposition to his followers, that whosoever killed them, would think he did God service. Yet in view of these certain consequences, the apostles did denounce idolatry, not merely in principle, but by name. The result was precisely what Christ had foretold. The Romans, tolerant of every other religion, bent the whole force of their wisdom and arms to extirpate Christianity. The scenes of bloodshed, which century after century followed the introduction of the gospel, did not induce the followers of Christ to keep back or modify the truth. They adhered to their declaration, that idolatry was a heinous crime. And they were right. We expect similar conduct of our missionaries. We do not expect them to refrain from denouncing the institutions of the heathen, as sinful, because they are popular, or intimately interwoven with society. The Jesuits, who adopted this plan, forfeited the confidence of Christendom, without making converts of the heathen. It is, therefore, perfectly evident that the authors of our religion were not withheld by these considerations, from declaring slavery to be unlawful. If they did abstain from this declaration, as is admitted, it must have been because they did not consider it as in itself a crime. No other solution of their conduct is consistent with their truth or fidelity.
Another answer to the argument from Scripture is given by Dr. Channing and others. It is said that it proves too much; that it makes the Bible sanction despotism, even the despotism of Nero. Our reply to this objection shall be very brief. We have already pointed out the fallacy of confounding slaveholding itself with the particular system of slavery prevalent at the time of Christ, and shown that the recognition of slaveholders as Christians, though irreconcilable with the assumption that slavery is a heinous crime, gives no manner of sanction to the atrocious laws and customs of that age, in relation to that subject. Because the apostles admitted the masters of slaves to the communion of the church, it would be a strange inference that they would have given this testimony to the Christian character of the master who oppressed, starved, or murdered his slaves. Such a master would have been rejected as an oppressor, or murderer, however, not as a slaveholder. In like manner, the declaration that government is an ordinance of God, that magistrates are to be obeyed within the sphere of their lawful authority; that resistance to them, when in the exercise of that authority, is sinful,[266] gives no sanction to the oppression of the Roman emperors, or to the petty vexations of provincial officers. The argument urged from Scripture in favor of passive submission, is not so exactly parallel with the argument for slavery, as Dr. Channing supposes. They agree in some points, but they differ in others. The former is founded upon a false interpretation of Rom. xiii: 1-3; it supposes that passage to mean what it does not mean, whereas the latter is founded upon the sense which Dr. C. and other opponents of slavery, admit to be the true sense. This must be allowed to alter the case materially. Again, the argument for the lawfulness of slaveholding, is not founded on the mere injunction, "Slaves, obey your masters," analagous to the command, "Let every soul be subject to the higher powers," but on the fact that the apostles did not condemn slavery; that they did not require emancipation, and that they recognized slaveholders as Christian brethren. To make Dr. Channing's argument of any force, it must be shown that Paul not only enjoined obedience to a despotic monarch, but that he recognized Nero as a Christian. When this is done, then we shall admit that our argument is fairly met, and that it is just as true that he sanctioned the conduct of Nero, as that he acknowledged the lawfulness of slavery.
The two cases, however, are analogous as to one important point. The fact that Paul enjoins obedience under a despotic government, is a valid argument to prove, not that he sanctioned the conduct of the reigning Roman emperor, but that he did not consider the possession of despotic power a crime. The argument of Dr. C. would be far stronger, and the two cases more exactly parallel, had one of the emperors become a penitent believer during the apostolic age, and been admitted to the Christian church by inspired men, notwithstanding the fact that he retained his office and authority. But even without this latter decisive circumstance, we acknowledge that the mere holding of despotic power is proved not to be a crime by the fact that the apostles enjoined obedience to those who exercised it. Thus far the arguments are analogous; and they prove that both political despotism and domestic slavery, belong in morals to the adiaphora, to things indifferent. They may be expedient or inexpedient, right or wrong, according to circumstances. Belonging to the same class, they should be treated in the same way. Neither is to be denounced as necessarily sinful, and to be abolished immediately under all circumstances and at all hazards. Both should be left to the operation of those general principles of the gospel, which have peacefully ameliorated political institutions, and destroyed domestic slavery throughout the greater part of Christendom.
The truth on this subject is so obvious that it sometimes escapes unconsciously from the lips of the most strenuous abolitionists. Mr. Birney says: "He would have retained the power and authority of an emperor; yet his oppressions, his cruelties would have ceased; the very temper that prompted them, would have been suppressed; his power would have been put forth for good and not for evil."[267] Here every thing is conceded. The possession of despotic power is thus admitted not to be a crime, even when it extends over millions of men, and subjects their lives as well as their property and services to the will of an individual. What becomes then of the arguments and denunciations of slaveholding, which is despotism on a small scale? Would Mr. Birney continue in the deliberate practice of a crime worse than robbery, piracy, or murder? When he penned the above sentiment, he must have seen that neither by the law of God nor of reason is it necessarily sinful to sustain the relation of master over our fellow creatures; that if this unlimited authority be used for the good of those over whom it extends and for the glory of God, its possessor may be one of the best and most useful of men. It is the abuse of this power for base and selfish purposes which constitutes criminality, and not its simple possession. He may say that the tendency to abuse absolute power is so great that it ought never to be confided to the hands of men. This, as a general rule, is no doubt true, and establishes the inexpediency of all despotic governments, whether for the state or the family. But it leaves the morality of the question just where it was, and where it was seen to be, when Mr. Birney said he could with a good conscience be a Roman emperor, i. e. the master of millions of slaves.
The consideration of the Old Testament economy leads us to the same conclusion on this subject. It is not denied that slavery was tolerated among the ancient people of God. Abraham had servants in his family who were "bought with his money," Gen. xvii: 13. "Abimeleck took sheep and oxen and men servants and maid servants and gave them unto Abraham." Moses, finding this institution among the Hebrews and all surrounding nations, did not abolish it. He enacted laws directing how slaves were to be treated, on what conditions they were to be liberated, under what circumstances they might and might not be sold; he recognizes the distinction between slaves and hired servants, (Deut. xv: 18); he speaks of the way by which these bondmen might be procured; as by war, by purchase, by the right of creditorship, by the sentence of a judge, by birth; but not by seizing on those who were free, an offense punished by death.[268] The fact that the Mosaic institutions recognized the lawfulness of slavery is a point too plain to need proof, and is almost universally admitted. Our argument from this acknowledged fact is, that if God allowed slavery to exist, if he directed how slaves might be lawfully acquired, and how they were to be treated, it is in vain to contend that slaveholding is a sin, and yet profess reverence for the Scriptures. Every one must feel that if perjury, murder, or idolatry had been thus authorized, it would bring the Mosaic institutions into conflict with the eternal principles of morals, and that our faith in the divine origin of one or the other must be given up.
Dr. Channing says, of this argument also, that it proves too much. "If usages, sanctioned under the Old Testament and not forbidden under the New, are right, then our moral code will undergo a sad deterioration. Polygamy was allowed to the Israelites, was the practice of the holiest men, and was common and licensed in the age of the apostles. But the apostles no where condemn it, nor was the renunciation of it made an essential condition of admission into the Christian Church." To this we answer, that so far as polygamy and divorce were permitted under the old dispensation, they were lawful, and became so by that permission; and they ceased to be lawful when the permission was withdrawn, and a new law given. That Christ did give a new law on this subject is abundantly evident.[269] With regard to divorce, it is as explicit as language can make it; and with regard to polygamy it is so plain as to have secured the assent of every portion of the Christian churches in all ages. The very fact that there has been no diversity of opinion or practice among Christians with regard to polygamy, is itself decisive evidence that the will of Christ was clearly revealed on the subject. The temptation to continue the practice was as strong, both from the passions of men, and the sanction of prior ages, as in regard to slavery. Yet we find no traces of the toleration of polygamy in the Christian church, though slavery long continued to prevail. There is no evidence that the apostles admitted to the fellowship of Christians, those who were guilty of this infraction of the law of marriage. It is indeed possible that in cases where the converts had already more than one wife, the connection was not broken off. It is evident this must have occasioned great evil. It would lead to the breaking up of families, the separation of parents and children, as well as husbands and wives. Under these circumstances the connection may have been allowed to continue. It is however very doubtful whether even this was permitted. It is remarkable that among the numerous cases of conscience connected with marriage, submitted to the apostles, this never occurs.
Dr. Channing uses language much too strong when he says that polygamy was common and licensed in the days of the apostles. It was contrary both to Roman and Grecian laws and usages until the most degenerate periods of the history of those nations. It was very far from being customary among the Jews, though it might have been allowed. It is probable that it was, therefore, comparatively extremely rare in the apostolic age. This accounts for the fact that scarcely any notice is taken of, the practice in the New Testament. Wherever marriage is spoken of, it seems to be taken for granted, as a well understood fact, that it was a contract for life between one man and one woman; compare Rom. vii: 2, 3. 1 Cor. vii: 1, 2, 39. It is further to be remarked on this subject, that marriage is a positive institution. If God had ordained that every man should have two or more wives, instead of one, polygamy would have been lawful. But slaveholding is denounced as a malum in se; as essentially unjust and wicked. This being the case, it could at no period of the world receive the divine sanction, much less could it have continued in the Christian church under the direction of inspired men, when there was nothing to prevent its immediate abolition. The answer then of Dr. Channing is unsatisfactory, first, because polygamy does not belong to the same category in morals as that to which slaveholding is affirmed to belong; and secondly, because it was so plainly prohibited by Christ and his apostles as to secure the assent of all Christians in all ages of the church.
It is, however, argued that slavery must be sinful because it interferes with the inalienable rights of men. We have already remarked, that slavery, in itself considered, is a state of bondage, and nothing more. It is the condition of an individual who is deprived of his personal liberty, and is obliged to labor for another, who has the right to transfer this claim of service, at pleasure. That this condition involves the loss of many of the rights which are commonly and properly called natural, because belonging to men, as men, is readily admitted. It is, however, incumbent on those who maintain that slavery is, on this account, necessarily sinful, to show that it is criminal, under all circumstances, to deprive any set of men of a portion of their natural rights. That this broad proposition can not be maintained is evident. The very constitution of society supposes the forfeiture of a greater or less amount of these rights, according to its peculiar organization. That it is not only the privilege, but the duty of men to live together in a regularly organized society, is evident from the nature which God has given us; from the impossibility of every man living by and for himself, and from the express declarations of the word of God. The object of the formation of society is the promotion of human virtue and happiness; and the form in which it should be organized, is that which will best secure the attainment of this object. As, however, the condition of men is so very various, it is impossible that the same form should be equally conducive to happiness and virtue under all circumstances. No one form, therefore, is prescribed in the Bible, or is universally obligatory. The question which form is, under given circumstances, to be adopted, is one of great practical difficulty, and must be left to the decision of those who have the power to decide, on their own responsibility. The question, however, does not depend upon the degree in which these several forms may encroach upon the natural rights of men. In the patriarchal age, the most natural, the most feasible, and perhaps the most beneficial form of government was by the head of the family. His power by the law of nature, and the necessity of the case, extended without any other limit than the general principles of morals, over his children, and in the absence of other regular authority, would not terminate when the children arrived at a particular age, but be continued during life. He was the natural umpire between his adult offspring, he was their lawgiver and leader. His authority would naturally extend over his more remote descendants, as they continued to increase, and on his death, might devolve on the next oldest of the family. There is surely nothing in this mode of constituting society which is necessarily immoral. If found to be conducive to the general good, it might be indefinitely continued. It would not suffice to render its abrogation obligatory, to say that all men are born free and equal; that the youth of twenty-one had as good a right to have a voice in the affairs of the family as the aged patriarch; that the right of self-government is indefeasible, etc. Unless it could be shown that the great end of society was not attainable by this mode of organization, and that it would be more securely promoted by some other, it would be an immorality to require or to effect the change. And if a change became, in the course of time, obviously desirable, its nature and extent would be questions to be determined by the peculiar circumstances of the case, and not by the rule of abstract rights. Under some circumstances it might be requisite to confine the legislative power to a single individual; under others to the hands of a few; and under others to commit it to the whole community. It would be absurd to maintain, on the ground of the natural equality of men, that a horde of ignorant and vicious savages, should be organized as a pure democracy, if experience taught that such a form of government was destructive to themselves and others. These different modes of constituting civil society are not necessarily either just or unjust, but become the one or the other according to circumstances; and their morality is not determined by the degree in which they encroach upon the natural rights of men, but on the degree in which they promote or retard the progress of human happiness and virtue. In this country we believe that the general good requires us to deprive the whole female sex of the right of self-government. They have no voice in the formation of the laws which dispose of their persons and property. When married, we despoil them almost entirely of a legal existence, and deny them some of the most essential rights of property. We treat all minors much in the same way, depriving them of many personal and almost all political rights, and that too though they may be far more competent to exercise them aright than many adults. We, moreover, decide that a majority of one may make laws for the whole community, no matter whether the numerical majority have more wisdom or virtue than the minority or not. Our plea for all this is, that the good of the whole is thereby most effectually promoted. This plea, if made out, justifies the case. In England and France they believe that the good of the whole requires that the right of governing, instead of being restricted, to all adult males, as we arbitrarily determine, should be confined to that portion of the male population who hold a given amount of property. In Prussia and Russia, they believe with equal confidence, that public security and happiness demand that all power should be in the hands of the king. If they are right in their opinion, they are right in their practice. The principle that social and political organizations are designed for the general good, of course requires they should be allowed to change, as the progress of society may demand. It is very possible that the feudal system may have been well adapted to the state of Europe in the middle ages. The change in the condition of the world, however, has gradually obliterated almost all its features. The villein has become the independent farmer; the lord of the manor, the simple landlord; and the sovereign leige, in whom, according to the fiction of the system, the fee of the whole country vested, has become a constitutional monarch. It may be that another series of changes may convert the tenant into an owner, the lord into a rich commoner, and the monarch into a president. Though these changes have resulted in giving the people the enjoyment of a larger amount of their rights than they formerly possessed, it is not hence to be inferred that they ought centuries ago to have been introduced suddenly or by violence. Christianity "operates as alterative." It was never designed to tear up the institutions of society by the roots. It produces equality not by prostrating trees of all sizes to the ground, but by securing to all the opportunity of growing, and by causing all to grow, until the original disparity is no longer perceptible. All attempts, by human wisdom, to frame society, of a sudden, after a pattern cut by the rule of abstract rights, have failed; and whether they had failed or not, they can never be urged as a matter of moral obligation. It is not enough, therefore, in order to prove the sinfulness of slaveholding, to show that it interferes with the natural rights of a portion of the community. It is in this respect analagous to all other social institutions. They are all of them encroachments on human rights, from the freest democracy to the most absolute despotism. |
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