■ '^•WiTIMRHH :i:'::if;'.:;;:'- WM')'^'' i!HiH':i.<;','^Xi':;;" ;;.., 1.'. . .. aass_L±Al Book . /^ . ' ¥. No. 12. ANTI-SLAVERY EXAMINER. DISUNION. (Pa /- ADDRESS AMERICAN ANTI-SLAVERY SOCIETY; F. JACKSON'S LETTER PRO-SLAVERY CHARACTER CONSTITUTION. NEW YORK: AMERICAN ANTI-SLAVERY SOCIETY. ' 142 NASSAU STREET. 1845. Colic ckd seU '■■'}?- I iJosTON : PRINTKI) BV liAVII) II. Kf.A, NO. 37, lOllNHII.I . / ADDRESS OF THE EXECUTIVE COMMITTEE O F THE AMERICAN ANTI-SLAVERY SOCIETY TO THE Friends of Freedom and Emancipation in the U. States. At the Tenth Anniversary of the American Anti-Slavery Society, lield iu the city of New- York, JMay 7th, 1844, — alter grave delibera- tion, and a long and earnest discussion, — it was decided, by a vote of nearly three to one of the members present, that fidelity to the cause of human freedom, hatred of oppression, sympathy for those who are held in chains and slavery in this republic, and allegiance to God, require that the existing national compact should be instantly dis- solved ; that secession from the government is a religious and political duty ; that the motto inscribed on the banner of Freedom should be, NO UNION WITH SLAVEHOLDERS ; that it is impracticable for tyrants and the enemies of tyranny to coalesce and legislate together for the preservation of human rights, or the promotion of the interests of Liberty; and that revolutionary ground should be occupied by all those who abhor the thought of doing evil that good may come, and who do not mean to compromise the principles of Justice and Humanity. A decision involving such momentous consequences, so well calcu- lated to startle the public mind, so hostile to the established order of things, demands of us, as the official representatives of the American Society, a statement of the reasons which led to it. This is due not only to the Society, but also to the country and the world. It is declared by the American people to be a self-evident truth, " that all men are created equal ; that they are endowed BY THEIR CREATOR with certain inalienable rights ; that among these are life, LIBERTY^ and the pursuit of liappiness." It is further maintained by them, t!hat " all governments derive their just powers from the consent of the governed ;" that " whenever any form of government becomes destructive of human rights, it is the right of the peo|)le to alter or to abolish it, and institute a new government, laying its foun- dation on such princi|)les, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness." These doctrines the i)atriots of 1776 sealed with their blood. They would not brook even the menace of oppression. They held that there should be no delay in resisting, at whatever cost or peril, the first encroachments of power on their liberties. Appealing to the great Ruler of the universe for the rectitude of their course, they pledged to each other "their lives, their fortunes and their sacred honor," to conquer or perisii in tlieir struggle to be free. For the example which they set to all people subjected to a despotic sway, and the sacrifices which they made, tlieir descendants cherish their memories with gratitude, reverence their virtues, honor their deeds, and glory in their triumphs. It is not necessary, therefore, for ns to prove that a state of slavery is incom|)atible with the dictates of reason and humanity; or that it is lawful to throw off' a government which is at war with the sacred rights of marikind. We regard this as indeed a solemn crisis, which requires of every mail sobriety of thought, |)rophetic forecast, independent judgment, invincible determination, and a sound heart. A revolutionary step is one that should not be taken hastily, nor followed under the influence of impulsive imitation. To know what spirit they are ot^ — whetiier they have counted the cost of the warfare — what are the princijiles they advocate — and how they are to achieve their object — is the first duty of revolutionists. But, while circnmsjiection and |)rudence are excellent qualities in every great emergency, they become the allies of tyranny whenever they restrain prompt, bold and decisive action against it. We charge upon the present national compact, that it was formed at the exjiense of human liberty, by a profiigate surrender of principle, and to this hour is cemented with human blood. We charge upon the American Constitution, that it contains pro- visions, and enjoins duties, which make it unlawful for freemen to take the oath of allegiance to it, because they are expressly designed to favor a slaveholding oligarchy, and, consequently, to make one portion of the people a prey to another. We charge upon the existing national government, that it is an insu[iportahle despolisu), wielded by a power which is superior to all legal and constitutional restraints — equally imiisposed and imable to protect the lives or liberties of the people — the |)roj) and safeguard of American slavery. These charges we proceed briefly to establish : 1. It is admitted by all men of intelliirence, — or if it l)e denied in any g less, as a matter of bargain and compromise. Even if it can be construed to mean something else, without violence to its language, such construction is not to be toler- ated against the wishes of either party. No just or honest use of it can be made, in opposition to the plain intention of its fran.ers, except to declare the contract at an end, and to refuse to sirve under it. To tiie argument, that the words " slaves " and " slavery " are not to be found in the Constitution, and thereibre that it was never intended to give any protection or countenance to the slave system, it is sufficient to re|)ly, that though no such words are contained in that instrument, other words were used, intelligently and s|)pcifically, TO MEET TUE NECESSITIES OF SLAVERY; and that tliesc Were adopted in good faith, to be observed until a constitutional change could be ejf'tcted. On this point, as to the design ol" certain provisions, no intelligent man can honestly entertain a doidn. If it be objected, that though these provisions were meant to cover slavery, jet, as they can fairly be interpreted to mean something exactly the reverse, it is allowable to give to them such an interpretation, especially as the cause of freedom will thereby be promoted — we reply, that this is to advocate liaud and violence toward one of the contracting parties, whose co-operation was secured only by an express agreement and understanding between them both, in regard to the clauses alluded to; and that such a construction, if enforced by pains and penalties, would niKpicslionably lead to a civil war, in which the aggrieved party would justly claim to have been betrayed, and robbed ol" their consiitulinnal ri;;hts. Again, if it i)e said, that those clauses, being immoral, are null and voiil — we reply, it is true they are not to be obsirved ; but it is also true that they are jiortions of an insiniincnt, the .support of which, AS A WHOLE, is rcciuiied by oath or uffirmatioii ; and, therefore, 6eco««e they are immoral, and because of this obligation to entorce IMMORALITY, iio oiie ciii innocciitly swear to s'i|i|)ort the Constitution. Again, if it be objected, that the Constitution 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 har- monize with tiiese 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 conntrij. Morecjver, nothing is more certain than that the preandjle alluded to never included, in the minds of those who framed it, those who icere then pining in bondage — for, in that case, a general e(nancipation of the slaves would have instantly l)een proclaimed throughout the United States. The words, "secure the blessings of liberty to ourselves and our posterity," assuredly meant only the white po|)uIation. "To promote the general welfare," referred to their own welfare exclu- sively. " To establish justice," was imderstood 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 ichat 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 Consti- tution was intended to embrace the entire population of tlie country under its sheltering wings; or that the parties to it were actuated by a sense of justice and the s[)irit 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 a(lo|)tion. As truly might it be argued, that because it is asserted 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 accom- plish their purpose. They were not actuated by the spirit of univer- sal 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 tlieir 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 possess? JVhy cling to the falsehood, that they ivere no respecters of persons in the formation of the government ? Alas ! that they had no more fear of God, 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, 9 8 and the city full of perverseness; for they say, tlie Lord hath forsaken the earth, and tlie Lord seeth not." We proceed to a critical examination of the American Constitution, in its relations to slavery. In Article 1, Section 9, it is declared — "The migration or im- portation of such persons as any of the States now existing sliall think pro|)er to admit, sliall not be prohibited by the Congress, prior to the year one thousand eight hundred and eight: but a tax or duty may be imjjosed on such importation, not exceeding ten dollars for each person." In this Section, it will be perceived, the jiliraseology is so guarded as not to imi)ly, ex ntctssitate, any criminal intent or inhuman arrange- ment ; and yet no one has ever had the iiardihood 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 tlie general government, until the year 1808. Fortwenty years after the adoption of the Constitution, 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 multitudes of the inoffensive natives on the soil, kidnapping and enslaving a still greater proportion, crowding them to suffocation in the holds of the slave ships, j)opulating the Atlantic witii 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 [)iracy, yet all Christendom knows that the American flag, instead of being the terror of the Afri- can slavers, has given them the most am|)le protection. The manner in which the 9tli Section was agreed to, by the national convention that formerl the constitution, is thus frankly avowed by the lion. Luther Martin,* who was a prominent member of that body : "The Kastern St.ites, notwithstanding their aversion of slavery, (!) were very willing to indulge the t^outltern i^taUs at least witli a temporary liberty to prosecute the slave trade, provided llie Southern States would, in their turn, gratify them by laying no restriction on navigation acts ; and. after a very little time, the committee, by a ureat majority, agreed on a report, by which the general government was to be jirohibili'd from jireventing the importation of slaves for a limited lime ; and the restrictive clause relative to navigation acts was to be omitted.'" Behold the iniquity of this agreement I how sordid were the mo- tives which led to it! what a [)rofligate disregard of justice and humanity, on the part of those who had solemnly declared the inalien- able 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 ojiposition." Alluding to it, Mr. Martin observe.-* — " It was Baici wv liad just nsstiincd a place among the independent nations in cons('eforc the Legislature of Maryland in 1787. us; that this opposition was srrounded upon the preservation of those rights to which God and nature has entitled us, not in /nirtiriilar, but in common tcitli all tin: rest vf m/inkind ; that we had appeah'd to the Supreme Being for his assistance, as the Gi)d of freedom, who could not but approve our efforts to preserve the rights which he had thus imparted to his crea- tures ; that now, when we had scarcely risen from our knees, from sujjpli- cating his mercy and protection in forming our government over a free people, a government formed pretondedly 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 en- couraging that most infamous tratfic, by giving the States the power and influence in the Union in proportion as they cruelly and wantonly sported with tlie rights of their fellow-creatures, ought to be considered as a solemn mockerj^ of, and insult to, that God whose protection we liad 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 justlj' exposing us to the displeasure and vengeance of him who is equally the Lord of all, and who views with equal eye the poor Jlfricaa slave and his American master! (1) "It was urged that, by this system, we were giving the general govern- ment 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 ex- pressly, in our Constitution, the further importation of slaves, and to authorize the general government, from time to time, to make such regu- lations as should be thought most advantageous for the gradual abolition of slavery, and the emancipation of the slaves already in the States. That slavery is inconsistent with the genius of republicanism, and has a ten- dency to destroy those principles on which it is supported, as it lessens the sense of the equal rights of mankind, and habituates to tyranu}' and oppres- sion. It was further urged that, by this system of government, eve^y 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 inter- est, to regulate even our weights and measures, and have prohibited all possibility of emitting paper money, and passing insolvent laws, Ac, 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 conven- tion, most decidedly to oppose and vote against the clause, as it now makes part of the system." * (1) How terribly and justly has this guilty natioa been -scourged, since these words were spoken, on account of islivery and the slave trade I * Secret Proceedings, p. 64. 10 Happy had it been for this nation, had these solemn considerations been heeded by the fianiers of the Cnstiiuiion ! Eiit for the s-,ke of securing son.e local advantages, they choose to do evil that good may come, and to make the end sanctify the means. They were willn.g to enslave others, that they n.ight secure their o^vn freedom. Ihey did this deed deliberately, «ith their eyes open, Mith all the lacts and consequences arising therefron. before them, in violation of all then- heaven-attes.ed declarations, and ir. atheistical distrust of the overruhng power of God. " The Eastern States were very willine to m^u/g-e the Southern States" in the unrestricted prosecution of then- piratical traflic, provided in return they could be ^rratified bv no restriction being laid on navigation acts!!— Had there been no other provision of the Constitution justly liable to objection, this one alone rendered the support of that instrument incom|.atible with the duties wn.ch men owe to their Creator, and to each other. It was the • poisonous infusion in the cup, which, though constituting 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 lin.itation — we answer, that, ,f at any time the foreign slave trade could be constitu- honalbj prosecuted, it may yet be renewed, under the Constitution at the pleasure of Congress, whose prohibitory statute is liable to 'be reversed at any moment, in the lienzy of Southern opposition to emancM.ation. Jt is ignorautly suj.posed that the bargain was, that the traffic shoiM cmsc in 1808; but the only thing secured by it was, the right o[ Congress (not any obligation) to prohibit it at that period. If, therefore. Congress had not chosen to exercise that right, the tra/Rc rmght have been prolonged imkfmitebj, under the Constitution. The ri-dit to destroy any particular branch of commerce, implies the r\<-\n to re-estirbl.sh it. Irue, 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 Constitution on this ground ; for while they threw around it all the sanction and j.rotection of the national character and power for twenty years, th,y sd no hounds to its continuance hij any positive constitutional 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 (orm a more perfect union, establish justice, insure domestic tran- qui hty, provide for the common defence, promote the general welfare and secure the blessings of libnty to ourselves and our posterity »_' namely, that the p.ar.ies to the Constitution regarde.l only their own rights and inlen-Ms, and never intended that its language shouhl be so interpreted as to interfere with slavery, or to make it unlawful for one portion of the people to enslave another, without an cipn.ss alter- tUion m that inslrinntnt, in the manner therein set forth. While there fore, the Constitution remains as it was originally adopted, they who Bweur to support it are bound to comply with all i,s provisions as ■• 11 matter of allegiance. For it avails notliing to say, that some of those provisions are at war witli the law of God and the rights of man, and therefore are not obligatory. Whatever may be their character, they are constitutionally obligatory ; and wlioever feels tliat he cannot execute them, or swear to execute them, without commit- ting sin, has no other choice left than to withdraw from the govern- ment, or to violate his conscience by taking on his lips an im(iious promise. The object of the Constitution is not to define uhnf is the laic of God, but WHAT IS THE WILL OF THE PEOPLE — which will is not to be frustrated by an ingenious itioral interpreta- tion, by those whom ihey have elected to serve them. Article 1, Sect. 2, provides — "Representatives and direct taxes shall be apportioned among the several States, which may be includ- ed 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-fflhs of all other persons." Here, as in the clause we have already examined, veiled beneath a form of words as deceitful as it is unmeaning in a truly democratic government, is a provision for tl>e safety, jMjrpetuity and augmenta- tion of the slaveholding power — a provision scarcely less atrocious than that which related to tlie African slave trade, and almost as afflictive in its o[)eration — a provision still in force, with no possi- bility of its alteration, so long as a majority of the slave States choose to maintain their slave system — a provision which, at the |)resent itime, enables the South to have twenty-five additional representatives in Congress on the score of property, while the North is not allowed Jo have one — a provision which concedes to the oppressed three- fifths of the political |>ower which is granted to all others, and then puts this |)ower into the hands of their o|>pressors, to be wielded by them for the more perfect security of tlieir tyrannous authority, and the complete subjugation of the non-slaveholding States. Referring to this atrocious bargain, Alexander Hamilton re- marked in the New York Convention — "The first thing objected to, is that clause which allows a representation for three-fifths of the negroes. Much has been said of the impropriety of representing men who have no will of their own : whether this is reason- ing, or declamation, (\ !) I will not presume to say. It is the unfortunate situation of the Southern States to hav(! a great part of their population, as well as properly, in blacks. The regulation complained of was one result o{ the spirit of ucciiiamodalinn which governed the Convention; and without this indulgence, NO UNION COULD POSSIBLY HAVE BEEN FORMED. But, sir, considerin