A LECTURE DKLIVERED IN THE TREMONT TEMPLE, BOSTON, MASSACHUSETTS, OK THE 26th JANUARY, 1856. EGBERT TOOMBS. Slavery in the United States — its relation to the Federal Congtitution, and its influence on the well-being of the Slave and Societ3^ WASHINGTON : PRINTED BT JNO. T. AND LEM. TOWERS. 1856. t^ A LECTURE DELIVERED IN THE TREIONT TEMPLE, BOSTON, MASSACHUSETTS, ON THE 24th JANUARY, 1856, BY K. TOOMBS. SLAVERY — ITS CONSTITUTIONAL STATUS — ITS INFLUENCE ON THE AFRICAN RACE AND SOCIETY. I propose to submit to you this evening some considerations and reflections upon two points. 1st. The constitutional powers and duties of the Federal Government in rela- tion to Domestic Slavery. 2c?. The influence of Slavery as it exists in the United States upon the Slave and Society. Under the first head I shall endeavor to show that Congress has no power to limit, restrain, or in any manner to impair slavery; but, on the contrary, it is bound to protect and maintain it in the States where it exists, and wherever its flag floats, and its jurisdiction is paramount. On the second point, I maintain that so long as the African and Caucassian races co-exist in the same society, that the subordination of the African is its nor- mal, necessary and proper condition, and that such subordination is the condition best calculated to promote the highest interest and the greatest happiness of both races, and consequently of the whole society: and that the abolition of slavery, under these conditions, is not a remedy for any of the evils of the system. I ad- mit that the truth of these propositions, stated under the second point, is essen- tially necessary to the existence and permanence of the system. They rest on^ the truth that the white is the superior race, and the black the inferior, and that subordination, with or without law, will be the status of the African in this mix- ed society, and, theiefore, it is the interest of both, and especially of the black race, and of the whole society, that this status should be fixed, controlled, and pro- tected by law. The perfect equality of the superior race, and the legal subordi- nation of the inferior, are the foundations on which we have erected our republican systems. Their soundness must be tested by their conformity to the sovsrcignty of right, the universal law which ought to govern all people in all centuries. This- sovereignty of right is justice, commonly called natural justice, not the vague un- certain imaginings of men, but natural justice as interpreted by the written oracles, and read by the light of the revelations of nature's God. In this sense I recog- nize a "higher law," and the duty of all men, by legal and proper means, to bring every society in conformity with it. I proceed to tlie consideration of the first point. The old thirteen States, before the revolution, were dependent colonies of Great Britain — each was a separate and distinct political community, with different laws, and each became an independent and sovereign State by the declaration of Inde- pendence. At the time of this declaration slavery was a fact, and a fact recog- nized by law in each of them, and the slave trade was lawful commerce by the laws of nations and the practice of mankind. This declaration was drafted by a slaveholder, adopted by the representatives of slaveholders, and did not emanci- pate a single Afiican slave ; but, on the contrary, one of the charges which it sub- mitted to the civilized world against King George was, that he had attempted to excite ''domestic insurrection among us." At the time of this declaration we had no common government ; the articles of confeduratiou were submitted to the rep- resentatives of the States eight days afterwards, and were not adopted by all of the States until 1781. These loose and imperfect articles of union sufficed to bring us successfully through the revolution. Common' danger was a stronger bond of union than these articles of confederation, after that ceased, they Avere inadequate to the purposes of peace. They did not emancipate a smgle slave. The Constitution was framed by delegates elected by the State legislatures. It was an emanation from the sovereign States as independent, separate, communi- ties. It was ratified by conventions of these separate States, each acting for itself. The members of these conventions represented the sovereignty of each State, but they were not elected by the whole people of either of the States. Minors, wo- men, slaves, Indians, Africans, bond and free, were excluded from participating in this act of sovereignty. Neither were all the white male inhabitants, over twenty- one years old, allowed to participate in it. Some were excluded because they had no laud, others for the want of good characters, others again because they were non- freemen, and a large number were excluded for a great variety of still more unim- portant reasons. None exercised this high privilege except those upon whom each State, for itself, had adjudged it wnse, safe, and prudent to confer it. By this Constitution these States granted to the Federal Government certain well defined and clearly specified powers in orde: to " to make a more -perfect Union, establish justice, insure domestic tranquility, provide for the common de- fence and general welfare, and to secure the blessings of liberty to {themselves and their) posterity^ And with great wisdom and forecast this Constitution lays down a plain, certain, and sufficient rule for its own interpretation, by declaring that '''' the powers not herein delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the ,people" The Federal Government is therefore a limited Government. It is lim- ited expressly to the exercise of the enumerated powers, and of such others only '■'' which shall be necessary and proper to carry into execution''^ these enumerated powers. The declaration of the purposes for which these powers were granted can neither increase or diminish them. If any one or all of them were to fail by reason of the insufficiency of the granted powers to secure them, that would be a good reason for a new grant, but could never enlarge the granted powers. That dec- laration was itself a limitation instead of an enlargement of the granted powers. If a power expressly granted be used for any other purpose than those declared, such use would be a violation of the grant and a fraud on the Constitution, and ■■therefore it follows, that if anti-slavery action by Congress is not warranted by any express power, nor within any of the declared purposes for which any such power was granted, the exercise of even a granted power to efiect that action, under any pretence whatever, would fall under the just condemnation of the Constitution. The history of the times, and the debates in the convention which framed the ■Constitution, show that this whole subject w^as much considered by them, and " perplexed them in the extreme ;" and these pruvisions of the Constitution Avhich related to it, were earnestly considered by the State conventions, which adopted it. Incipient legislation, providing for emancipation, had already been adopted by some of the Slates. Massachusetts had declared that slavery was extinguished in her limits by her bill of rights; the African slave-trade had been legislated against in many of the States, including Virginia and Maryland, and North Carolina. The public mind was unquestionably tending towards emancipation. This feeling dis- played itself in the South as well as in the North. Some of the delegates from the present slaveholding States thought that the power to abolish, not only the African slave-trade, but slavery in the States, ought to be given to the Federal Government; and that the Constitution did not take this shape, was made one of the most prominent objections to it by Luther Martin, a distinguished member of the convention from ^Nlaryland, and Mr. Mason of Virginia, was not far behind him in his emancii^ation principles ; Mr. Madison sympathised to a great extent, to a much greater extent than some of the representatives from Massachusetts, in this anti-slavery feeling; hence we find that anti-slavery feelings were extensive- ly indulged in by many members of the convention, both from slaveholding and non-slaveholding States, This fact has led to many and grave errors ; artful and unscrupulous men have used it much to deceive the northern public. Mere opin- ions of individual men have been relied upon as authoritative expositions of the Constitution. Our reply to them is simple, direct : they were not the opinions of the collective body of the people, who made, and who had the right to make this government ; and, therefore, they found no place in the organic law, and by that alone are we bound ; and, therefore, it concerns us rather to know what was the collective will of the whole, as aflarmed by the sovereign States, than what were the opinions of individual men in the convention. We wish to know what was done by the whole, not what some of the members thought was best to be done. The result of the struggle was, that not a single clause was inserted in the Con- stitution giving power to the Federal Government any where, either to abolish, limit, restrain, or in any other manner to impair the system of slavery in the United States : but on the contrary every clause which was inserted in the Con- stitution on this subject, does in fact, and was intended either to increase it, to strengthen it, or to ])rotect it. To support these positions, I appeal to the Consti- tution itself, to the contemporaneous and all subsequent authoritative interpreta- tions of it. The Constitution provides for the increase of slavery by prohibiting the suppression of the slave-trade for twenty years after its adoption. It declares in the l^t clause of the 9th section of the first article, that " the migration or im- portation of such persons as any of the States now existing shall think ^^roper to adniit, shall not be prohibited by the Congress prior to the year 1808, but a tax or duty may be imjmsed on such importation, not exceeding ten dollars for each per- son.'''' After that time it was left to the discretion of Congress to prohibit, or not to prohibit, the African slave-trade- The extension of this trafic in Africans from 1800 to 1808, was voted for by the whole of the New England States, including Massachusetts, and opposed by Virginia and Delaware ; and the clause was insert- ed in the Constitution by votes of the New England States. It fostered an active and profitable trade for New England capital and enterprise for twenty years, by which a large addition was made to the original stock of Africans in the United States, and thereby it increased slavery. This clause of the Constitution was specially favored, it was one of those clauses which was protected against amend- ment by article fifth. Slavery is strengthened by the 3d clause, 2d section of 1st article, which fixes the basis of representation according to numbers by providing that the " numbers shall be determined by adding to the lohole number of free perso7is, including those bound to service for a term of years, and excluding Indians not taken, three-fifths of all other persons. " This provision strengthens slavery by given the existing slaveholding States many more representatives in Congress than they would have if slaves were considered only as property ; it was much debated, but finally adopted, with the full understanding of its import, by a great majority. The Constitution protects it, impliedly, by withholding all power to injure it. or limit its duration, but it protects it expressly hy the Sd clause of 2d section of the 4th article, by the ith section of the ith article, and by the 1 5th clause of the 1st article. The 3d clause of the 2d section, 4th article, provides that "no persons held to service or labor in one State by the laws thereof, escaping into another, shall in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due." The 4th section of the 4th article provides that Congress shall protect each State " on application of the legislature (or of the executive when the legislature cannot be convened) against domestic violence." The 15th clause of the 8th section of the 1st article, makes it the duty of Cono-ress " to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions." The first of these three clauses last referred to protects slavery by following the escaping slave into non-slaveholding States and returning him to bondage, the other clauses place the w^hole military power of the Republic in the hands of the Federal Government to repress " domes- tic violence" and " insurections." Under this Constitution, if he flies to other lands, the supreme law follows, captures, and returns him ; if he resists the law by which he is held in bondage, the same Constitution brings its military power to liis subjuo-ation. There is no Umit to this protection, it must exist as long as any of the States tolerate domestic slavery and the Constitution unaltered, endures. None of these clauses admit of misconception or doubtful construction. They were not incorporated into the charter of our liberties by surprise or inattention, they were each and all of them introduced into that body, debated, referred to committees, reported upon, and adopted. Our construction of them is supported by one unbroken and harmonious current of decisions and adjudications by the Executive, Legislature, and Judicial Departments of the Government, State and Federal, from President Washington to President Pierce. Twenty representatives in the Congress of the United States hold their seats to-day, by the virtue of one of these clauses. The African slave trade was carried on its whole appointed period under another of them. Thousands of slaves have been delivered up under another, and it is a just cause of congratulation to the whole country that no occa- sion has occurred to call into action the remaining clauses which have been quoted. These constitutional provisions were generally acquiesced in even by those who did not approve them, until a new and less obvious question sprung out of the ac- quisition of territory. When the Constitution was adopted the question of slave- ry had been settled in the northwest territory by the articles of session of that ter- ritory by the State of Virginia, and at that time the United States had not an acre of land over which it claimed unfettered jurisdiction except a disputed claim on our southwestern boundary, which will hereafter be considered in its appropriate con- nection. The acquisition of Louisiana imposed upon Congress the necessity of its government. This duty was assumed and performed for the general benefit of the whole country without challenge or question for nearly seventeen years. Equity and good faith shielded it from criticism. But in 1819, thirty years after the Consti- tution was adopted, upon application of Missouri for admission into the Union, the extraordinary pretension was, for the first time, asserted by a majority of the non- slaveholdino- States, that Congress not only had the power to prohibit the exten- sion of slavery into new territories of the Republic, but that it had power to com- pel new States seeking admission into the Union to prohibit it in their own con- stitutions and mould their domestic policy in all respects to suit the opinions, whims, or caprices of the Federal Government. This novel and extraordinary pretension subjected the whole power of Congress over the territories to the severest criticism. Abundant authority was found in the Constitution to manage this common domain merely as property; the 2d clause, 3d section of the 4th article, declares " that Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and no- thing in this Constitution shall be so construed as to prejudice any claims of the United States or of any particular State.'''' But tliis clause was riglitfully adjudi- cated by the supreme judicial authority not to confer on Congress general jurisdic- tion over territories, but by its terms to restrain that jurisdiction to their manage- ment as property, and even without that adjudication, it would not be diflBcult to prove the utter disregard of all sound principles of construction of this attempt to expand this simple duty "to dispose of and make all needful rules and re