Volume IV Part 9 (1/2)
Again, if it be said, that those clauses, being immoral, are null and void--we reply, it is true they are not to be observed; but it is also true that they are portions of an instrument, the support of which, AS A WHOLE, is required by oath or affirmation; and, therefore, _because they are immoral_, and BECAUSE OF THIS OBLIGATION TO ENFORCE IMMORALITY, no one can innocently swear to support the Const.i.tution.
Again, if it be objected, that the Const.i.tution was formed by the people of the United States, in order to establish justice, to promote the general welfare, and secure the blessings of liberty to themselves and their posterity: and therefore, it is to be so construed as to harmonize with these objects; we reply, again, that its language is _not to be interpreted in a sense which neither of the contracting parties understood_, and which would frustrate every design of their alliance--to wit, _union at the expense of the colored population of the country_. Moreover, nothing is more certain than that the preamble alluded to never included, in the minds of those who framed it, _those who were then pining in bondage_--for, in that case, a general emanc.i.p.ation of the slaves would have instantly been proclaimed throughout the United States. The words, ”secure the blessings of liberty to ourselves and our posterity,” a.s.suredly meant only the white population. ”To promote the general welfare,” referred to their own welfare exclusively. ”To establish justice,” was understood to be for their sole benefit as slaveholders, and the guilty abettors of slavery. This is demonstrated by other parts of the same instrument, and by their own practice under it.
We would not detract aught from what is justly their due; but it is as reprehensible to give them credit for _what they did not possess_, as it is to rob them of what is theirs. It is absurd, it is false, it is an insult to the common sense of mankind, to pretend that the Const.i.tution was intended to embrace the entire population of the country under its sheltering wings; or that the parties to it were actuated by a sense of justice and the spirit of impartial liberty; or that it needs no alteration, but only a new interpretation, to make it harmonize with the object aimed at by its adoption. As truly might it be argued, that because it is a.s.serted in the Declaration of Independence, that all men are created equal, and endowed with an inalienable right to liberty, therefore none of its signers were slaveholders, and since its adoption, slavery has been banished from the American soil! The truth is, our fathers were intent on securing liberty _to themselves_, without being very scrupulous as to the means they used to accomplish their purpose. They were not actuated by the spirit of universal philanthropy; and though _in words_ they recognized occasionally the brotherhood of the human race, _in practice_ they continually denied it. They did not blush to enslave a portion of their fellow-men, and to buy and sell them as cattle in the market, while they were fighting against the oppression of the mother country, and boasting of their regard for the rights of man.
Why, then, concede to them virtues which they did not posses.
_Why cling to the falsehood, that they were not respecters of persons in the formation of the government_?
Alas! that they had no more fear of G.o.d, no more regard for man, in their hearts! ”The iniquity of the house of Israel and Judah [the North and South] is exceeding great, and the land is full of blood, and the city full of perverseness; for they say, the Lord hath forsaken the earth, and the Lord seeth not.”
We proceed to a critical examination of the American Const.i.tution, in its relations to slavery.
In ARTICLE 1, Section 9, it is declared--”the migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress, prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.”
In this Section, it will be perceived, the phraseology is so guarded as not to imply, _ex necessitate_, any criminal intent or inhuman arrangement; and yet no one has ever had the hardihood or folly to deny, that it was clearly understood by the contracting parties, to mean that there should be no interference with the African slave trade, on the part of the general government, until the year 1808.
For twenty years after the adoption of the Const.i.tution, the citizens of the United States were to be encouraged and protected in the prosecution of that infernal traffic--in sacking and burning the hamlets of Africa--in slaughtering mult.i.tudes of the inoffensive natives on the soil, kidnapping and enslaving a still greater proportion, crowding them to suffocation in the holds of the slave s.h.i.+ps, populating the Atlantic with their dead bodies, and subjecting the wretched survivors to all the horrors of unmitigated bondage! This awful covenant was strictly fulfilled; and though, since its termination, Congress has declared the foreign slave traffic to be piracy, yet all Christendom knows that the American flag, instead of being the terror of the African slavers, has given them the most ample protection.
The manner in which the 9th Section was agreed to, by the national convention that formed the const.i.tution, is thus frankly avowed by the Hon. Luther Martin,[91] who was a prominent member of that body:
”The Eastern States, notwithstanding their aversion of slavery, (!) _were very willing to indulge the Southern States_ at least with a temporary liberty to prosecute the slave trade, provided the Southern States would, in the return, _gratify_ them by laying no restriction on navigation acts; and, after a very little time, the committee, by a great majority, agreed on a report, _by which the general government was to be prohibited from preventing the importation of slaves_ for a limited time; and the restrictive clause relative to navigation acts was to be omitted.”
Behold the iniquity of this agreement! How sordid were the motives which led to it! what a profligate disregard of justice and humanity, on the part of those who had solemnly declared the inalienable right of all men to be free and equal, to be a self-evident truth!
It is due to the national convention to say, that this section was not adopted ”without considerable opposition.” Alluding to it, Mr. Martin observes--
[Footnote 91: Speech before the Legislature of Maryland in 1787.]
”It was said we had just a.s.sumed a place among the independent nations in consequence of our opposition to the attempts of Great Britain to _enslave us_; that this opposition was grounded upon the preservation of those rights to which G.o.d and nature has ent.i.tled us, not in _particular_, but in _common with all the rest of mankind_; that we had appealed to the Supreme Being for his a.s.sistance, as the G.o.d of freedom, who could not but approve our efforts to preserve the rights which he had thus imparted to his creatures; that now, when we had scarcely risen from our knees, from supplicating his mercy and protection in forming our government over a free people, a government formed pretendedly on the principles of liberty, and for its preservation,--in that government to have a provision, not only of putting out of its power to restrain and prevent the slave trade, even encouraging that most infamous traffic, by giving the States the power and influence in the Union in proportion as they cruelly and wantonly sported with the rights of their fellow-creatures, ought to be considered as a solemn mockery of, and insult to, that G.o.d whose protection we had thus implored, and could not fail to hold us up in detestation, and render us contemptible to every true friend of liberty in the world. It was said that national crimes can only be, and frequently are, punished in this world by _national punishments_, and that the continuance of the slave trade, and thus giving it a national character, sanction, and encouragement, ought to be considered as justly exposing us to the displeasure and vengeance of him who is equally the Lord of all, and who views with equal eye the poor _African slave_ and his _American master_![92]
[Footnote 92: How terribly and justly has this guilty nation been scourged, since these words were spoken, on account of slavery and the slave trade! Secret Proceedings, p. 64.]
”It was urged that, by this system, we were giving the general government full and absolute power to regulate commerce, under which general power it would have a right to restrain, or totally prohibit, the slave trade: it must, therefore, appear to the world absurd and disgraceful to the last degree that we should except from the exercise of that power the only branch of commerce which is unjustifiable in its nature, and contrary to the rights of mankind.
That, on the contrary, we ought to prohibit expressly, in our Const.i.tution, the further importation of slaves, and to authorize the general government, from time to time, to make such regulations as should be thought most advantageous for the gradual abolition of slavery, and the emanc.i.p.ation of the slaves already in the States.
That slavery is inconsistent with the genius of republicanism, and has a tendency to destroy those principles on which it is supported, as it lessens the sense of the equal rights of mankind, and habituates to tyranny and oppression. It was further urged that, by this system of government, every State is to be protected both from foreign invasion and from domestic insurrections; and, from this consideration, it was of the utmost importance it should have the power to restrain the importation of slaves, since in proportion as the number of slaves increased in any State, in the same proportion is the State weakened and exposed to foreign invasion and domestic insurrection: and by so much less will it be able to protect itself against either, and therefore by so much, want aid from, and be a burden to, the Union.
”It was further said, that, in this system, as we were giving the general government power, under the idea of national character, or national interest, to regulate even our weights and measures, and have prohibited all possibility of emitting paper money, and pa.s.sing insolvent laws, &c., it must appear still more extraordinary that we prohibited the government from interfering with the slave trade, than which nothing could more effect our national honor and interest.
”These reasons influenced me, both in the committee and in the convention, most decidedly to oppose and vote against the clause, as it now makes part of the system.”[93]
[Footnote 93: Secret Proceedings, p. 64.]
Happy had it been for this nation, had these solemn considerations been heeded by the framers of the Const.i.tution! But for the sake of securing some local advantages, they choose to do evil that good may come, and to make the end sanctify the means. They were willing to enslave others, that they might secure their own freedom. They did this deed deliberately, with their eyes open, with all the facts and consequences arising therefrom before them, in violation of all their heaven-attested declarations, and in atheistical distrust of the overruling power of G.o.d. ”The Eastern States were very willing to _indulge_ the Southern States” in the unrestricted prosecution of their piratical traffic, provided in return they could be _gratified_ by no restriction being laid on navigation acts!!--Had there been no other provision of the Const.i.tution justly liable to objection, this one alone rendered the support of that instrument incompatible with the duties which men owe to their Creator, and to each other. It was the poisonous infusion in the cup, which, though const.i.tuting but a very slight portion of its contents, perilled the life of every one who partook of it.
If it be asked to what purpose are these animadversions, since the clause alluded to has long since expired by its own limitation--we answer, that, if at any time the foreign slave trade could be _const.i.tutionally_ prosecuted, it may yet be renewed, under the Const.i.tution, at the pleasure of Congress, whose prohibitory statute is liable to be reversed at any moment, in the frenzy of Southern opposition to emanc.i.p.ation. It is ignorantly supposed that the bargain was, that the traffic _should cease_ in 1808; but the only thing secured by it was, the _right_ of Congress (not any obligation) to prohibit it at that period. If, therefore, Congress had not chosen to exercise that right, _the traffic might have been prolonged indefinitely, under the Const.i.tution_. The right to destroy any particular branch of commerce, implies the right to re-establish it. True, there is no probability that the African slave trade will ever again be legalized by the national government; but no credit is due the framers of the Const.i.tution on this ground; for, while they threw around it all the sanction and protection of the national character and power for twenty years, _they set no bounds to its continuance by any positive const.i.tutional prohibition_.
Again, the adoption of such a clause, and the faithful execution of it, prove what was meant by the words of the preamble--”to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity”--namely, that the parties to the Const.i.tution regarded only their own rights and interests, and never intended that its language should be so interpreted as to interfere with slavery, or to make it unlawful for one portion of the people to enslave another, _without an express alteration in that instrument, in the manner therein set forth_. While, therefore, the Const.i.tution remains as it was originally adopted, they who swear to support it are bound to comply with all its provisions, as a matter of allegiance. For it avails nothing to say, that some of those provisions are at war with the law of G.o.d and the rights of man, and therefore are not obligatory. Whatever may be their character, they are _const.i.tutionally_ obligatory; and whoever feels that he cannot execute them, or swear to execute them, without committing sin, has no other choice left than to withdraw from the government, or to violate his conscience by taking on his lips an impious promise. The object of the Const.i.tution is not to define _what is the law of G.o.d_, but WHAT IS THE WILL OF THE PEOPLE--which will is not to be frustrated by an ingenious moral interpretation, by those whom they have elected to serve them.
ARTICLE 1, Sect. 2, provides--”Representatives and direct taxes shall be apportioned among the several States, which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, _three-fifths of all other persons_.”