ANSWER. I do not think it follows at all. Mankind, that is, any number of them, have a right to set up such forms of worship as they see fit, but when they have done so, does it necessarily follow that I am in duty bound to support any one of them, whether I approve it or not? Government is precisely like any other voluntary association of individuals—a temperance or anti-slavery society, a bank or railroad corporation. I join it, or not, as duty dictates. If a temperance society exists in the village where I am, that love for my race which bids me seek its highest good, commands me to join it. So if a Government is formed in the land where I live, the same feeling bids me to support it, if I innocently can. This is the whole length of my duty to Government. From the necessity of the case, and that constitution of things which God has ordained, it follows that in any specified district, the majority must rule—hence results the duty of the minority to submit. But we must carefully preserve the distinction between submission and obedience —between submission and support. If the majority set up an immoral Government, I obey those laws which seem to me good, because they are good—and I submit to all the penalties which my disobedience of the rest brings on me. This is alike the dictate of common sense, and the command of Christianity. And it must be the true doctrine, since any other obliges me to obey the majority if they command me to commit murder, a rule which even the Tory Blackstone has denied. Of course for me to do anything I deem wrong, is the same, in quality, as to commit murder.

OBJECTION X.

But it is said, your theory results in good men leaving government to the dishonest and wicked.

ANSWER. Well, if to sustain government we must sacrifice honesty, government could not be in a more appropriate place, than in the hands of dishonest men.

But it by no means follows, that if I go out of government, I leave nothing but dishonest men behind. An act may be sin to me, which another may sincerely think right—and if so, let him do it, till he changes his mind. I leave government in the hands of those whom I do not think as clear-sighted as myself, but not necessarily in the hands of the dishonest. Whether it be so in this country now, is not, at present, the question, but whether it would be so necessarily, in all cases. The real question is, what is the duty of those who presume to think that God has given them clearer views of duty than the bulk of those among whom they live?

Don't think us conceited in supposing ourselves a little more enlightened than our neighbors. It is no great thing after all to be a little better than a lynching—mobocratic—slaveholding—debt repudiating community.

What then is the duty of such men? Doubtless to do all they can to extend to others the light they enjoy.

Will they best do so by compromising their principles? by letting their political life give the lie to their life of reform? Who will have the most influence, he whose life is consistent, or he who says one thing to-day, and swears another thing to-morrow—who looks one way and rows another? My object is to let men understand me, and I submit that the body of the Roman people understood better, and felt more earnestly, the struggle between the people and the princes, when the little band of democrats left the city and encamped on Mons Sacer, outside, than while they remained mixed up and voting with their masters, shoulder to shoulder. Dissolution is our Mons Sacer—God grant that it may become equally famous in the world's history as the spot where the right triumphed.

It is foolish to suppose that the position of such men, divested of the glare of official distinction, has no weight with the people. If it were so, I am still bound to remember that I was not sent into the world to have influence, but to do my duty according to my own conscience. But it is not so. People do know an honest man when they see him. (I allow that this is so rare an event now-a-days, as almost to justify one in supposing they might have forgotten how he looked.) They will give a man credit, when his life is one manly testimony to the truthfulness of his lips. Even Liberty party, blind as she is, has light enough to see that "Consistency is the jewel, the everything of such a cause as ours." The position of a non-voter, in a land where the ballot is so much idolized, kindles in every beholder's bosom something of the warm sympathy which waits on the persecuted, carries with it all the weight of a disinterested testimony to truth, and pricks each voter's conscience with an uneasy doubt, whether after all voting is right. There is constantly a Mordecai in the gate.

I admit that we should strive to have a political influence—for with politics is bound up much of the welfare of the people. But this objection supposes that the ballot box is the only means of political influence. Now it is a good thing that every man should have the right to vote. But it is by no means necessary that every man should actually vote, in order to influence his times. We by no means necessarily desert our social duty when we refuse to take office, or to confer it. Lafayette did better service to the cause of French liberty when he retired to Lagrange and refused to acknowledge Napoleon, than he could have done had he stood, for years, at the tyrant's right hand. From the silence of that chamber there went forth a voice—from the darkness of that retreat there burst forth a light; feeble indeed at first, like the struggling beams of the morning, but destined like them to brighten into perfect day.

This objection, that we non-voters shall lose all our influence, confounds the broad distinction between influence and power. Influence every honest man must and will have, in exact proportion to his honesty and ability. God always annexes influence to worth. The world, however unwilling, can never get free from the influence of such a man. This influence the possession of office cannot give, nor the want of it take away. For the exercise of such influence as this, man is responsible. Power we buy of our fellow men at a certain price. Before making the bargain it is our duty to see that we do not pay "too dear for our whistle." He who buys it at the price of truth and honor, buys only weakness—and sins beside.

Of those who go to the utmost verge of honesty in order to reach the seats of worldly power, and barter a pure conscience for a weighty name, it may be well said with old Fuller, "They need to have steady heads who can dive into these gulfs of policy, and come out with a safe conscience."

OBJECTION XI.

This withdrawing from government is pharisaical—"Shall we, 'weak, sinful men,'" one says, "perhaps even more sinful than the slaveholder, cry out, No Union with Slaveholders?" Such a course is wanting in brotherly kindness.

ANSWER. Because we refuse to aid a wrong-doer in his sin, we by no means proclaim, or assume, that we think our whole character better than his. It is neither pharisaical to have opinions, nor presumptuous to guide our lives by them. If I have joined with others in doing wrong, is it either presumptuous or unkind, when my eyes are opened, to refuse to go any further with them in their career of guilt? Does love to the thief require me to help him in stealing? Yet this is all we refuse to do. We will extend to the slaveholder all the courtesy he will allow. If he is hungry, we will feed him; if he is in want, both hands shall be stretched out for his aid. We will give him full credit for all the good that he does, and our deep sympathy in all the temptations under whose strength he falls. But to help him in his sin, to remain partners with him in the slave-trade, is more than he has a right to ask. He would be a strange preacher who should set out to reform his circle by joining in all their sins! It is a principle similar to that which the tipsy Duke of Norfolk acted on, when seeing a drunken friend in the gutter, he cried out, "My dear fellow, I can't help you out, but I'll do better, I'll lie down by your side."

OBJECTION XII.

But consider, the abstaining from all share in Government will leave bad men to have everything their own way—admit Texas—extend slavery, &c. &c.

ANSWER. That is no matter of mine. God, the great conservative power of the Universe, when he established the right, saw to it that it should always be the safest and best. He never laid upon a poor finite worm the staggering load of following out into infinity the complex results of his actions. We may rest on the bosom of Infinite Wisdom, confident that it is enough for us to do justice, he will see to it that happiness results.

OBJECTION XIII.

But the same conscientious objection against promising your support to government, ought to lead you to avoid actually giving your support to it by paying taxes or sueing in the courts.

ANSWER. This is what logicians call a reductio ad absurdum: an attempt to prove our principle unsound by showing that, fairly carried out, it leads to an absurdity. But granting all it asks, it does not saddle us with any absurdity at all. It is perfectly possible to live without petitioning, sueing, or holding stocks. Thousands in this country have lived, died, and been buried, without doing either. And does it load us with any absurdity to prove that we shall be obliged to do from principle, what the majority of our fellow-citizens do from choice? We lawyers may think it is an absurdity to say a man can't sue, for, like the Apostle at Ephesus, it touches our "craft," but that don't go far to prove it. Then, as to taxes, doubtless many cases might be imagined, when every one would allow it to be our duty to resist the slightest taxation, did Christianity allow it, with "war to the hilt." If such cases may ever arise, why may not this be one?

Until I become an Irishman, no one will ever convince me that I ought to vote, by proving that I ought not to pay taxes! Suppose all these difficulties do really encompass us, it will not be the first time that the doing of one moral duty has revealed a dozen others which we never thought of. The child has climbed the hill over his native village, which he thought the end of the world, and lo! there are mountains beyond! He won't remedy the matter by creeping back to his cradle and disbelieving in mountains!

But then, is there any such inconsistency in non-voters sueing and paying taxes?

Look at it. A. and B. have agreed on certain laws, and appointed C. to execute them. A. owes me, who am no party to the contract, a just debt, which his laws oblige him to pay. Do I acknowledge the rightfulness of his relation to B. and C. by asking C. to use the power given him, in my behalf? It appears to me that I do not. I may surely ask A. to pay me my debt—why not then ask the keeper, whom he has appointed over himself, to make him do so?

I am a prisoner among pirates. The mate is abusing me in some way contrary to their laws. Do I recognize the rightfulness of the Captain's authority, by asking him to use the power the mate has consented to give him, to protect me? It seems to me that I do not necessarily endorse the means by which a man has acquired money or power, when I ask him to use either in my behalf.

An alien does not recognize the rightfulness of a government by living under it. It has always been held that an English subject may swear allegiance to an usurper and yet not be guilty of treason to the true king. Because he may innocently acknowledge the king de facto (the king in deed,) without assuming him to be king de jure (king by right.) The distinction itself is as old as the time of Edward the First. The principle is equally applicable to suits. It has been universally acted on and allowed. The Catholic, who shrank from acknowledging the heretical Government of England, always, I believe, sued in her courts.

Who could convince a common man, that by sueing in Constantinople or Timbuctoo, he does an act which makes him responsible for the character of those governments?

Then, as for taxes. It is only our voluntary acts for which we are responsible. And when did government ever trust tax-paying to the voluntary good will of its subjects? When it does so, I, for one, will refuse to pay.

When did any sane man conclude that our Saviour's voluntary payment of a tax acknowledged the rightfulness of Rome's authority over Judea?

"The States," says Chief Justice Marshall, "have only not to elect Senators, and this government expires without a struggle."

Every November, then, we create the government anew. Now, what "instinct" will tell a common-sense man, that the act of a sovereign,—voting—which creates a wicked government, is, essentially the same as the submission of a subject,—tax-paying,—an act done without our consent. It should be remembered, that we vote as sovereigns,—we pay taxes as subjects. Who supposes that the humble tax-payer of Austria, who does not, perhaps, know in what name the charter of his bondage runs, is responsible for the doings of Metternich? And what sane man likens his position to that of the voting sovereign of the United States? My innocent acts may, through others' malice, result in evil. In that case, it will be for my best judgment to determine whether to continue or cease them. They are not thereby rendered essentially sinful. For instance, I walk out on Sabbath morning. The priest over the way will exclaim, "Sabbath-breaker," and the infidel will delude his followers, by telling them I have no regard for Christianity. Still, it will be for me to settle which, in present circumstances, is best,—to remain in, and not be misconstrued, or to go out and bear a testimony against the superstitious keeping of the day. Different circumstances will dictate different action on such a point.

I may often be the occasion of evil when I am not responsible for it. Many innocent acts occasion evil, and in such case all I am bound to ask myself before doing such innocent act, is, "Shall I occasion, on the whole, more harm or good." There are many cases where doing a duty even, we shall occasion evil and sin in others. To save a slaveholder from drowning, when we know he has made a will freeing his slaves, would put off, perhaps forever, their emancipation, but of course that is not my fault. This making a man responsible for all the evil his acts, incidentally, without his will, occasion, reminds me of that principle of Turkish law which Dr. Clarke mentions, in his travels, and which they call "homicide by an intermediate cause." The case he relates is this: A young man in love poisoned himself, because the girl's father refused his consent to the marriage. The Cadi sentenced the father to pay a fine of $80, saying "if you had not had a daughter, this young man had not loved; if he had not loved, he had never been disappointed; if not disappointed, he would never have taken poison." It was the same Cadi possibly, who sentenced the island of Samos to pay for the wrecking of a vessel, on the principle that "if the island had not been in the way, the vessel would never have been wrecked!"

Then of taxes on imports. Buying and selling, and carrying from country to country, is good and innocent. But government, if I trade here, will take occasion to squeeze money out of me. Very well. I shall deliberate whether I will cease trading, and deprive them of the opportunity, or go on and use my wealth to reform them. 'Tis a question of expediency, not of right, which my judgment, not my conscience, must settle. An act of mine, innocent in itself, and done from right motives, no after act of another's can make a sin. To import, is rightful. After-taxation, against my consent, cannot make it wrong. Neither am I obliged to smuggle, in order to avoid it. I include in these remarks, all taxes, whether on property, or imports, or railroads.

A chemist, hundreds of years ago, finds out how to temper steel. The art is useful for making knives, lancets, and machinery. But he knows that the bad will abuse it by making swords and daggers. Is he responsible? Certainly not.

Similar to this is trading in America,—knowing government will thus have an opportunity to increase its revenue.

But suppose the chemist to see two men fighting, one has the other down,—to the first our chemist presents a finely tempered dagger.

Such is voting under the United States Constitution—appointing an officer to help the oppressor.

The difference between voting and tax-paying is simply this: I may do an act right in itself, though I know some evil will result. Paul was bound to preach the gospel to the Jews, though he knew some of them would thereby be led to add to their sins by cursing and mobbing him.

So I may locate property in Philadelphia, trade there, and ride on its railroads, though I know government will, without my consent, thereby enrich itself. Other things being equal, of course I shall not allow it the opportunity. But the advantages and good results of my doing so, may be such as would make it my duty there to live and trade, even subject to such an evil.

But on the other hand, I may not do an act wrong in itself to secure any amount of fancied good.

Now, appointing a man by my vote to a pro-slavery office, (and such is every one under the United States Constitution,) is wrong in itself, and no other good deeds which such officer may do, will justify an abolitionist in so appointing him.

Let it not be said, that this reasoning will apply to voting—that voting is the right of every human being, (which I grant only for the sake of argument,) and innocent in itself.

Voting under our Constitution is appointing a man to swear to protect, and actually to protect slavery. Now, appointing agents generally is the right of every man, and innocent in itself, but appointing an agent to commit a murder is sin.

I trade, and government taxes me; do I authorize it? No.

I vote, and the marshal whom my agent appoints, returns a slave to South Carolina. Do I authorize it? Yes. I knew it would be his sworn duty, when I voted; and I assented to it, by voting under the Constitution which makes it his duty. If I trade, it is said, I may foresee that government will be helped by the taxes I pay, therefore I ought not to trade. But I do not trade for the purpose of paying taxes! And if I am to be charged with all the foreseen results of my actions, then Garrison is responsible for the Boston mob!

The reason why I am responsible for the pro-slavery act of a United States officer, for whom I have voted, is this: I must be supposed to have intended that which my agent is bound by his contract with me (that is, his oath of office) to do.

Allow me to request our opposers to keep distinctly in view the precise point in debate. This is not whether Massachusetts can rightfully trade and make treaties with South Carolina, although she knows that such a course will result in strengthening a wrongdoer. Such are most of the cases which they consider parallel to ours, and for permitting which they charge us with inconsistency. But the question really is, whether Massachusetts can join hands and strength with South Carolina, for the express and avowed purpose of sustaining Slavery. This she does in the Constitution. For he who swears to support an instrument of twelve clauses, swears to support one as well as another,—and though one only be immoral,—still he swears to do an immoral act. Now, my conviction is, "which fire will not burn out of me," that to return fugitive slaves is sin—to promise so to do, and not do it, is, if possible, baser still; and that any conjunction of circumstances which makes either necessary, is of the Devil, and not of God.

OBJECTION XIV.

Duty requires of a non-voter to quit the country, and go where his taxes will not help to build up slavery.

ANSWER. God gave me my birth here. Because bad men about me "play such tricks before high Heaven, as make the angels weep," does it oblige me to quit? I have as good right here as they. If they choose to leave, let them—I Shall remain. 'Twould be a pretty thing, indeed, if, as often as I found myself next door to a bad man, who would bring up his children to steal my apples and break my windows, I were obliged to take the temptation away by cutting down all my apple trees and moving my house further west, into the wilderness. This would be, in good John Wesley's phrase, "giving up all the good times to the devil," with a witness.

OBJECTION XV.

"Society has the right to prescribe the terms, upon the expressed or implied agreement to comply with which a person may reside within its limits."

ANSWER. This principle I utterly deny. All that Society has a right to demand is peaceful submission to its exactions:—consent they have neither the power nor the right to exact or to imply. Twenty men live on a lone island. Nineteen set up a government and say, every man who lives there shall worship idols. The twentieth submits to all their laws, but refuses to commit idolatry. Have they the right to say, "Do so, or quit;" or, to say, "If you stay, we will consider you as impliedly worshipping idols?" Doubtless they have the power, but the majority have no rights, except those which justice sanctions. Will the objector show me the justice of his principle? I was born here. I ask no man's permission to remain. All that any man or body of men have a right to infer from my staying here, is that, in doing this innocent act, I think, that on the whole, I am effecting more good than harm. Lawyers say, I cannot find this right laid down in the books. That will not trouble me. Some old play has a character in it who never ties his neckcloth without a warrant from Mr. Justice Overdo. I claim no relationship to that very scrupulous individual.

OBJECTION XVI.

These clauses, to which you refer, are inconsistent with the Preamble of the Constitution, which describes it as made "to establish justice" and "secure the blessings of liberty to ourselves and our posterity:" And as, when two clauses of the same instrument are inconsistent, one must yield and be held void—we hold these three clauses void.

ANSWER. A specific clause is not to be held void on account of general terms, such as those of the preamble. It is rather to be taken as an exception, allowed and admitted at the time, to those general terms.

Again. You say they are inconsistent. But the Courts and the People do not think so. Now they, being the majority, settle the law. The question then is, whether the law being settled,—and according to your belief settled immorally,—you will volunteer your services to execute it and carry it into effect? This you do by becoming an officeholder. It seems to me this question can receive but one answer from honest men.

LAST OF ALL, THE OBJECTOR CRIES OUT,

The Constitution may be amended, and I shall vote to have it changed.

ANSWER. But at present it is necessary to swear to support it as it is. What the Constitution may become, a century hence, we know not; we speak of it as it is, and repudiate it as it is. How long may one promise to do evil, in hope some time or other to get the power to do good? We will not brand the Constitution of the United States as pro-slavery, after—it had ceased to be so! This objection reminds me of Miss Martineau's story of the little boy, who hurt himself, and sat crying on the sidewalk. "Don't cry!" said a friend, "it won't hurt you tomorrow."—"Well then," said the child, "I won't cry tomorrow."

We come then, it seems to me, back to our original conclusion: that the man who swears to support the Constitution, swears to support the whole of it, pro-slavery clauses and all,—that he swears to support it as it is, not as it hereafter may become,—that he swears to support it in the sense given to it by the Courts and the Nation, not as he chooses to understand it,—and that the Courts and the Nation expect such an one in office to do his share toward the suppression of slave, as well as other, insurrections, and to aid the return of fugitive slaves. After an abolitionist has taken such an oath, or by his vote sent another to take it for him, I do not see how he can look his own principles in the face.

Thou that preachest a man should not steal, dost thou lie?

We who call upon the slaveholder to do right, no matter what the consequences or the cost, are certainly bound to look well to our own example. At least we can hardly expect to win the master to do justice by setting him an example of perjury. It is almost an insult in an abolitionist, while not willing to sacrifice even a petty ballot for his principles, to demand of the slaveholder that he give up wealth, home, old prejudices and social position at their call.



EXTRACTS FROM J.Q. ADAMS.

The benefits of the Constitution of the United States, were the restoration of credit and reputation, to the country—the revival of commerce, navigation, and ship building—the acquisition of the means of discharging the debts of the Revolution, and the protection and encouragement of the infant and drooping manufactures of the country. All this, however, as is now well ascertained, was insufficient to propitiate the rulers of the Southern States to the adoption of the Constitution. What they specially wanted was protection. Protection from the powerful and savage tribes of Indians within their borders, and who were harassing them with the most terrible of wars—and protection from their own negroes—protection from their insurrections—protection from their escape—protection even to the trade by which they were brought into this country—protection, shall I not blush to say, protection to the very bondage by which they were held. Yes! it cannot be denied—the slaveholding lords of the South prescribed, as a condition of their assent to the Constitution, three special provisions to secure the perpetuity of their dominion over their slaves. The first was the immunity for twenty years of preserving the African slave-trade; the second was the stipulation to surrender fugitive slaves—an engagement positively prohibited by the laws of God, delivered from Sinai; and thirdly, the exaction, fatal to the principles of popular representation, of a representation for slaves—for articles of merchandise, under the name of persons.

In outward show, it is a representation of persons in bondage; in fact, it is a representation of their masters,—the oppressor representing the oppressed.—Is it in the compass of human imagination to devise a more perfect exemplification of the art of committing the lamb to the tender custody of the wolf?—The representative is thus constituted, not the friend, agent and trustee of the person whom he represents, but the most inveterate of his foes. To call government thus constituted a democracy, is to insult the understanding of mankind. It is doubly tainted with the infection of riches and of slavery. There is no name in the language of national jurisprudence that can define it—no model in the records of ancient history, or in the political theories of Aristotle, with which it can be likened. Here is one class of men, consisting of not more than one-fortieth part of the whole people, not more than one-thirtieth part of the free population, exclusively devoted to their personal interests identified with their own as slaveholders of the same associated wealth, and wielding by their votes, upon every question of government or of public policy, two-fifths of the whole power of the House. In the Senate of the Union, the proportion of the slaveholding power is yet greater. Its operation upon the government of the nation is, to establish an artificial majority in the slave representation over that of the free people, in the American Congress, and thereby to make the PRESERVATION, PROPAGATION, AND PERPETUATION OF SLAVERY THE VITAL AND ANIMATING SPIRIT OF THE NATIONAL GOVERNMENT.—The result is seen in the fact that, at this day, the President of the United States, the President of the Senate, the Speaker of the House of Representatives, and five out of nine of the Judges of the Supreme Judicial Courts of the United States, are not only citizens of slaveholding States, but individual slaveholders themselves. So are, and constantly have been, with scarcely an exception, all the members of both Houses of Congress from the slaveholding States; and so are, in immensely disproportionate numbers, the commanding officers of the army and navy; the officers of the customs; the registers and receivers of the land offices, and the post-masters throughout the slaveholding States.

Fellow-citizens,—with a body of men thus composed, for legislators and executors of the laws, what will, what must be, what has been your legislation? The numbers of freemen constituting your nation are much greater than those of the slaveholding States, bond and free. You have at least three-fifths of the whole population of the Union. Your influence on the legislation and the administration of the Government ought to be in the proportion of three to two. But how stands the fact? Besides the legitimate portion of influence exercised by the slaveholding States by the measure of their numbers, here is an intrusive influence in every department, by a representation, nominally of persons, but really of property, ostensibly of slaves, but effectively of their masters, overbalancing your superiority of numbers, adding two-fifths of supplementary power to the two-fifths fairly secured to them by the compact, CONTROLLING AND OVERRULING THE WHOLE ACTION OF YOUR GOVERNMENT AND HOME AND ABROAD, and warping it to the sordid private interest and oppressive policy of 300,000 owners of slaves.

In the Articles of Confederation, there was no guaranty for the property of the slaveholder—no double representation of him in the Federal councils—no power of taxation—no stipulation for the recovery of fugitive slaves. But when the powers of government came to be delegated to the Union, the South—that is, South Carolina and Georgia—refused their subscription to the parchment, till it should be saturated with the infection of slavery, which no fumigation could purify, no quarantine could extinguish. The freemen of the North gave way, and the deadly venom of slavery was infused into the Constitution of freedom. Its first consequence has been to invert the first principle of Democracy, that the will of the majority shall rule the land. By means of the double representation, the minority command the whole, and a KNOT OF SLAVEHOLDERS GIVE THE LAW AND PRESCRIBE THE POLICY OF THE COUNTRY.



THE ANTI-SLAVERY EXAMINER.

ADDRESS TO THE FRIENDS OF CONSTITUTIONAL LIBERTY, ON THE VIOLATION BY THE UNITED STATES HOUSE OF REPRESENTATIVES OF THE RIGHT OF PETITION AT THE EXECUTIVE COMMITTEE OF THE AMERICAN ANTI-SLAVERY SOCIETY.

NEW YORK: PUBLISHED BY THE AMERICAN ANTI-SLAVERY SOCIETY, NO. 143 NASSAU STREET.

1840.

This No. contains 1 sheet.—Postage, under 100 miles, 1-1/2 ct. over 100, 2-1/2 cts. Please Read and circulate.

ADDRESS.

TO THE FRIENDS OF CONSTITUTIONAL LIBERTY:—

There was a time, fellow citizens, when the above address would have included the PEOPLE OF THE UNITED STATES. But, alas! the freedom of the press, freedom of speech, and the right of petition, are now hated and dreaded by our Southern citizens, as hostile to the perpetuity of human bondage; while, by their political influence in the Federal Government, they have induced numbers at the North to unite with them in their sacrilegious crusade against these inestimable privileges.

On the 28th January last, the House of Representatives, on motion of Mr. Johnson, from Maryland, made it a standing RULE of the House that "no petition, memorial, resolution, or other paper, praying the abolition of slavery in the District of Columbia, or any State or Territory of the United States, in which it now exists, SHALL BE RECEIVED BY THE HOUSE, OR ENTERTAINED IN ANY WAY WHATEVER."

Thus has the RIGHT OF PETITION been immolated in the very Temple of Liberty, and offered up, a propitiatory sacrifice to the demon of slavery. Never before has an outrage so unblushingly profligate been perpetrated upon the Federal Constitution. Yet, while we mourn the degeneracy which this transaction evinces, we behold, in its attending circumstances, joyful omens of the triumph which awaits our struggle with the hateful power that now perverts the General Government into an engine of cruelty and loathsome oppression.

Before we congratulate you on these omens, let us recall to your recollection the steps by which the enemies of human rights have advanced to their present rash and insolent defiance of moral and constitutional obligation.

In 1831, a newspaper was established in Boston, for the purpose of disseminating facts and arguments in favor of the duty and policy of immediate emancipation. The Legislature of Georgia, with all the recklessness of despotism, passed a law, offering a reward of $5000, for the abduction of the Editor, and his delivery in Georgia. As there was no law, by which a citizen of Massachusetts could be tried in Georgia, for expressing his opinions in the capital of his own State, this reward was intended as the price of BLOOD. Do you start at the suggestion? Remember the several sums of $25,000, of $50,000, and of $100,000, offered in Southern papers for kidnapping certain abolitionists. Remember the horrible inflictions by Southern Lynch clubs. Remember the declaration, in the United States Senate, by the brazen-fronted Preston, that, should an abolitionist be caught in Carolina, he would be HANGED. But, as the Slaveholders could not destroy the lives of the Abolitionists, they determined to murder their characters. Hence, the President of the United States was induced, in his Message of 1835, to Congress, to charge them with plotting the massacre of the Southern planters; and even to stultify himself, by affirming that, for this purpose, they were engaged in sending, by mail, inflammatory appeals to the slaves—sending papers to men who could not read them, and by a conveyance through which they could not receive them! He well knew that the papers alluded to were appeals on the immorality of converting men, women, and children, into beasts of burden, and were sent to the masters, for their consideration. The masters in Charleston, dreading the moral influence of these appeals on the conscience of the slaveholding community, forced the Post Office, and made a bonfire of the papers. The Post Master General, with the sanction of the President, also hastened to their relief, and, in violation of oaths, and laws, and the constitution, established ten thousand censors of the press, each one of whom was authorized to abstract from the mail every paper which he might think too favorable to the rights of man.

For more than twenty years, petitions have been presented to Congress, for the abolition of slavery in the District of Columbia. The right to present them, and the power of Congress to grant their prayer, were, until recently, unquestioned. But the rapid multiplication of these petitions alarmed the slaveholders, and, knowing that they tended to keep alive at the North, an interest in the slave, they deemed it good policy to discourage and, if possible, suppress all such applications. Hence Mr. Pinckney's famous resolution, in 1836, declaring, "that all petitions, or papers, relating in any way, or to any extent whatever to the subject of slavery, shall, without being printed or referred, be laid on the table; and no further action, whatever shall be had thereon!"

The peculiar atrocity of this resolution was, that it not merely trampled upon the rights of the petitioners, but took from each member of the House his undoubted privilege, as a legislator of the District, to introduce any proposition he might think proper, for the protection of the slaves. In every Slave State there are laws affording, at least, some nominal protection to these unhappy beings; but, according to this resolution, slaves might be flayed alive in the streets of Washington, and no representative of the people could offer even a resolution for inquiry. And this vile outrage upon constitutional liberty was avowedly perpetrated "to repress agitation, to allay excitement, and re-establish harmony and tranquillity among the various sections of the Union!!"

But this strange opiate did not produce the stupefying effects anticipated from it. In 1836, the petitioners were only 37,000—the next session they numbered 110,000. Mr. Hawes, of Ky., now essayed to restore tranquillity, by gagging the uneasy multitude; but, alas! at the next Congress, more than 300,000 petitioners carried new terror to the hearts of the slaveholders. The next anodyne was prescribed by Mr. Patton, of Va., but its effect was to rouse from their stupor some of the Northern Legislatures, and to induce them to denounce his remedy as "a usurpation of power, a violation of the Constitution, subversive of the fundamental principles of the government, and at war with the prerogatives of the people."[105] It was now supposed that the people most be drugged by a northern man, and Atherton was found a fit instrument for this vile purpose; but the dose proved only the more nauseous and exciting from the foul hands by which it was administered.

[Footnote 105: Resolutions of Massachusetts and Connecticut, April and May, 1838.]

In these various outrages, although all action on the petitions was prohibited, the papers themselves were received and laid on the table, and therefore it was contended, that the right of petition had been preserved inviolate. But the slaveholders, maddened by the failure of all their devices, and fearing the influence which the mere sight of thousands and tens of thousands of petitions in behalf of liberty, would exert, and, taking advantage of the approaching presidential election to operate upon the selfishness of some northern members, have succeeded in crushing the right of petition itself.

That you may be the more sensible, fellow citizens, of the exceeding profligacy of the late RULE and of its palpable violation of both the spirit and the letter of the Constitution, which those who voted for it had sworn to support, suffer us to recall to your recollection a few historical facts.

The framers of the Federal Constitution supposed the right of petition too firmly established in the habits and affections of the people, to need a constitutional guarantee. Their omission to notice it, roused the jealousy of some of the State conventions, called to pass upon the constitution. The Virginia convention proposed, as an amendment, "that every freeman has a right to petition, or apply to the Legislature, for a redress of grievances." And this amendment, with others, was ordered to be forwarded to the different States, for their consideration. The Conventions of North Carolina, New York, and Rhode Island, were held subsequently, and, of course, had before them the Virginia amendment. The North Carolina Convention adopted a declaration of rights, embracing the very words of the proposed amendment; and this declaration was ordered to be submitted to Congress, before that State would enter the Union. The Conventions of New York and of Rhode Island incorporated in their certificates of ratification, the assertion that "Every person has a right to petition or apply to the legislature for a redress of grievances"—using the Virginia phraseology, merely substituting the word person for freeman, thus claiming the right of petition even for slaves; while Virginia and North Carolina confined it to freemen.

The first Congress, assembled under the Constitution, gave effect to the wishes thus emphatically expressed, by proposing, as an amendment, that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of the press, or the right of the people peaceably to assemble, and to petition Government for a redress of grievances." This amendment was duly ratified by the States, and when members of Congress swear to support the Constitution of the United States, they are as much bound by their oath to refrain from abridging the right of petition, as they are to fulfil any other constitutional obligation. And will the slaveholders and their abettors, dare to maintain that they have not foresworn themselves, because they have abridged the right of the people to petition for a redress of grievances, by a RULE of the House, and not by a law? If so, they may by a RULE require every member, on taking his seat, to subscribe the creed of a particular church, and then call their Maker to witness that they are guiltless of making a law "respecting an establishment of religion, or prohibiting the free exercise thereof."

The right to petition is one thing, and the disposition of a petition after it is received, is another. But the new rule makes no disposition of the petitions; it PROHIBITS THEIR RECEPTION; they may not be brought into the legislative chamber. Hundreds of thousands of the people are debarred all access to their representatives, for the purpose of offering them a prayer.

It is said that the manifold abominations perpetrated in the District are no grievances to the petitioners, and therefore they have no right to ask for their removal. But the right guaranteed by the Constitution, is a right to ask for the redress of grievances, whether personal, social, or moral. And who, except a slaveholder, will dare to contend that it is no grievance that our agents, our representatives, our servants, in our name and by our authority, enact laws erecting and licensing markets in the Capital of the Republic, for the sale of human beings, and converting free men into slaves, for no other crime, than that of being too poor to pay United States' officers the JAIL FEES accruing from an iniquitous imprisonment?

Again, it is pretended that the objects prayed for, are palpably unconstitutional, and that therefore the petitions ought not to be received. And by what authority are the people deprived of their right to petition for any object which a majority of either House of Congress, for the time being, may please to regard as unconstitutional? If this usurpation be submitted to, it will not be confined to abolition petitions. It is well known that most of the slaveholders now insist, that all protecting duties are unconstitutional, and that on account of the tariff the Union was nearly rent by the very men who are now horrified by the danger to which it is exposed by these petitions! Should our Northern Manufacturers again presume to ask Congress to protect them from foreign competition, the Southern members will find a precedent, sanctioned by Northern votes, for a rule that "no petition, memorial, resolution, or other paper, praying for the IMPOSITION OF DUTIES FOR THE ENCOURAGEMENT OF MANUFACTURES, shall be received by the House, or entertained in any way whatever."

It does indeed, require Southern arrogance, to maintain that, although Congress is invested by the Constitution with "exclusive jurisdiction, in all cases whatsoever," over the District of Columbia, yet that it would be so palpably unconstitutional to abolish the slave-trade, and to emancipate the slaves in the District, that petitions for these objects ought not to be received. Yet this is asserted in that very House, on whose minutes is recorded a resolution, in 1816, appointing a committee, with power to send for persons and papers, "to inquire into the existence of an inhuman and illegal traffic in slaves, carried on, in and through the District of Columbia, and report whether any, and what means are necessary for putting a stop to the same:" and another, in 1829, instructing the Committee on the District of Columbia to inquire into the expediency of providing by law, "for the gradual abolition of slavery in the District."

In the very first Congress assembled under the Federal Constitution, petitions were presented, asking its interposition for the mitigation of the evils, and final abolition of the African slave-trade, and also praying it, as far as it possessed the power, to take measures for the abolition of slavery. These petitions excited the wrath and indignation of many of the slave-holding members, yet no one thought of refusing to receive them. They were referred to a select committee, at the instance of Mr. Madison, himself, who "entered into a critical review of the circumstances respecting the adoption of the Constitution, and the ideas upon the limitation of the powers of Congress to interfere in the regulation of the commerce of slaves, and showed that they undoubtedly were not precluded from interposing in their importation; and generally to regulate the mode in which every species of business shall be transacted. He adverted to the western country, and the Cession of Georgia, in which Congress have certainly the power to regulate the subject of slavery; which shows that gentlemen are mistaken in supposing, that Congress cannot constitutionally interfere in the business, in any degree, whatever. He was in favor of committing the petition, and justified the measure by repeated precedents in the proceedings of the House."—U.S. Gazette, 17th Feb., 1790.

Here we find one of the earliest and ablest expounders of the Constitution, maintaining the power of Congress to "regulate the subject of slavery" in the national territories, and urging the reference of abolition petitions to a special committee.

The committee made a report; for which, after a long debate, was substituted a declaration, by the House, that Congress could not abolish the slave trade prior to the year 1808, but had a right so to regulate it as to provide for the humane treatment of the slaves on the passage; and that Congress could not interfere in the emancipation or treatment of slaves in the States.

This declaration gave entire satisfaction, and no farther abolition petitions were presented, till after the District of Columbia had been placed under the "exclusive jurisdiction" of the General Government.

You all remember, fellow citizens, the wide-spread excitement which a few years since prevailed on the subject of SUNDAY MAILS. Instead of attempting to quiet the agitation, by outraging the rights of the petitioners, Congress referred the petitions to a committee, and made no attempt to stifle discussion.

Why, then, we ask, with such authorities and precedents before them, do the slaveholders in Congress, regardless of their oaths, strive to gag the friends of freedom, under pretence of allaying agitation? Because conscience does make cowards of them all—because they know the accursed system they are upholding will not bear the light—because they fear, if these petitions are discussed, the abominations of the American slave trade, the secrets of the prison-houses in Washington and Alexandria, and the horrors of the human shambles licensed by the authority of Congress, will be exposed to the score and indignation of the civilized world.

Unquestionably the late RULE surpasses, in its profligate contempt of constitutional obligation, any act in the annals of the Federal Government. As such it might well strike every patriot with dismay, were it not that attending circumstances teach us that it is the expiring effort of desperation. When we reflect on the past subserviency of our northern representatives to the mandates of the slaveholders, we may well raise, on the present occasion, the shout of triumph, and hail the vote on the recent RULE as the pledge of a glorious victory. Suffer us to recall to your recollection the majorities by which the successive attempts to crush the right of petition and the freedom of debate have been carried.

Pinckney's Gag was passed May, 1836, by a majority of 51 Hawes's Jan. 1837, 58 Patton's Dec. 1837, 48 Atherton's Dec. 1838, 48 JOHNSON's Jan. 1840, 6

Surely, when we find the majority against us reduced from 58 to 6, we need no new incentive to perseverance.

Another circumstance which marks the progress of constitutional liberty, is the gradual diminution in the number of our northern serviles. The votes from the free States in favor of the several gags were as follows:—

For Pinckney's 62 For Hawes's 70 For Patton's 52 For Atherton's 49 For JOHNSON's 28

There is also another cheering fact connected with the passage of the RULE which deserves to be noticed. Heretofore the slaveholders have uniformly, by enforcing the previous question, imposed their several gags by a silent vote. On the present occasion they were twice baffled in their efforts to stifle debate, and were, for days together, compelled to listen to speeches on a subject which they have so often declared should not be discussed.

A base strife for southern votes has hitherto, to no small extent, enlisted both the political parties at the north in the service of the slaveholders. The late unwonted independence of northern politicians, and the deference paid by them to the wishes of their own constituents, in preference to those of their southern colleagues, indicates the advance of public opinion. No less than 49 northern members of the administration party voted for the Atherton gag, while only 27 dared to record their names in favor of Johnson's; and of the representation of SIX States, every vote was given against the rule, without distinction of party. The tone in which opposite political journals denounce the late outrage may warn the slaveholders that they will not much longer hold the north in bonds. The leading administration paper in the city of New York regards the RULE with "utter abhorrence;" while the official paper of the opposition, edited by the state printer, trusts that the names of the recreant northerners who voted for it may be "handed down to eternal infamy and execration."

The advocates of abolition are no longer consigned to unmitigated contempt and obloquy. Passing by the various living illustrations of our remark, we appeal for our proofs to the dead. The late WILLIAM LEGGETT, the editor of a Democratic Journal in the city of New York, was denounced, in 1835, by the "Democratic Republican General Committee," for his abolition doctrines. Far from faltering in his course, on account of the censure of his own party, he exclaimed, with a presentiment almost amounting to prophecy, "The stream of public opinion now sets against us, but it is about to turn, and the regurgitation will be tremendous. Proud in that day may well be the man who can float in triumph on the first refluent wave, swept onward by the deluge which he himself, in advance of his fellows, had largely shared in occasioning. Such be my fate; and, living or dying, it will in some measure be mine. I have written my name in ineffaceable letters on the abolition record." And he did live to behold the first swelling of the refluent wave. The denounced abolitionist was honored by a democratic President with a diplomatic mission; and since his death, the resolution condemning him has been EXPUNGED from the minutes of the democratic committee.

Of the many victims of the recent awful calamity in our waters, what name has been most frequently uttered by the pulpit and the press in the accents of lamentation and panegyric? On whose tomb have freedom, philanthropy, and letters been invoked to strew their funeral wreaths? All who have heard of the loss of the Lexington are familiar with the name of CHARLES FOLLEN. And who was he? One of the men officially denounced by President Jackson as a gang of miscreants, plotting insurrection and murder—and, recently, a member of the Executive Committee of the American Anti-Slavery Society.

Let us then, fellow citizens, in view of all these things, thank God and take courage. We are now contending, not merely for the emancipation of our unhappy fellow men, kept in bondage under the authority of our own representatives—not merely for the overthrow of the human shambles erected by Congress on the national domain—but also for the preservation of those great constitutional rights which were acquired by our fathers, and are now assailed by the slaveholders and their northern auxiliaries. That you may remember these auxiliaries and avoid giving them new opportunities of betraying your rights, we annex a list of their dishonored names.

The following twenty-eight members from the Free States voted in the affirmative on the recent GAG RULE.

MAINE.

Virgil D. Parris Albert Smith

NEW HAMPSHIRE.

Charles G. Atherton Edmund Burke Ira A. Eastman Tristram Shaw

NEW YORK.

Nehemiah H. Earle John Fine Nathaniel Jones Governeur Kemble James de la Montayne John H. Prentiss Theron R. Strong

PENNSYLVANIA.

John Davis Joseph Fornance James Gerry George M'Cullough David Petriken William S. Ramsey

OHIO.

D.P. Leadbetter William Medill Isaac Parrish George Sweeney Jonathan Taylor John B. Weller

INDIANA.

John Davis George H. Proffit

ILLINOIS.

John Reynolds.

Let us turn to our more immediate representatives, and we trust more faithful servants. Our State Legislatures will not refuse to hear our prayers. Let us petition them immediately to rebuke the treason by which the Constitution has been surrendered into the hands of the slaveholders—let us implore them to demand from Congress, in the name of the free States, that they shall neither destroy nor abridge the right of petition—a right without which our government would be converted into a despotism.

We call on you, fellow citizens of every religious faith and party name, to unite with us in guarding the citadel of our country's freedom. If there are any who will not co-operate with us in laboring for the emancipation of the slave, surely there are none who will stand aloof from us while contending for the liberty of themselves, their children, and their children's children.

To the rescue, then, fellow citizens! and, trusting in HIM without whom all human effort is weakness, let us not doubt that our faithful endeavors to preserve the rights HE has given us will, through HIS blessing, be crowned with success.

ARTHUR TAPPAN, JAMES G. BIRNEY, JOSHUA LEAVITT, LEWIS TAPPAN, SAMUEL E. CORNISH, SIMEON S. JOCELYN, LA ROY SUNDERLAND, THEODORE S. WRIGHT, DUNCAN DUNBAR, JAMES S. GIBBONS, HENRY B. STANTON

Executive Committee of the American Anti-Slavery Society.



New York, February 13, 1840.

THE END