+4% .T75 do \'y K Class E 4^^^ Book T?-^ , 36'f/€f NATURAL EQUALITY. A SERMON BEFORE THE VERMONT COLONIZATION SOCIETY, AT MONTPELIER, OCTOBER 17, 1833. ^ >^ BY JOSEPH TRACY. r ii ■S c HRONICLE PRESS, WINDSOR, TT. MDCCCXXXIII. v\\ , AT the Annual Meeting of the Vermont Colonization Society, held at Montpelier, October 17, 1^^33, Voted, — That the thanks of this meeting be presented to the Rev. Joseph Tracy for his eermon, and that he be requested to furnish a copy for the press. C. Wright, Secretary. 4 SERMON Acts, 17 : 2G, 27. — And hath made of one blood, all nations of men, for to dwell on all the face of the earth, and hath determined the times before appointed, and the bounds of their habitation, that they should seek the Lord. That is ; God has given to all men the same nature, that they may all receive and enjoy the benefits of the same gos- pel. These benefits are, spiritual, consisting in the eternal salvation of the soul from wickedness and misery ; and tem- poi'al, consisting in the enjoyments which belong to a truly religious citizen of a free, Christian community ; such a com- munity as the principles of the gospel tend to form. The text, then, in its connexion, brings to view the fundamental doctrine of our Declaration of Independence — that " all men are created equal ; endowed by their Creator with cer- tain unalienable rights, among which are life, liberty, and the pursuit of happiness." As the doctrine of the existence of God lies at the foun- dation of all that is valuable in morals, yet, when misunder- stood and misapplied, is the main instrument of inflicting upon the world all the evils of superstition, fanaticism and religious tyranny ; so this doctrine of natural equality lies at the foundation of all that is valuable in the political rela- tions of men, — and yet, when misunderstood and misappli- ed, is the most powerful of all political doctrines in the de- struction of good and the production of evil. As we are met to bear our part in alleviating some of the evils which flow from an outrageous violation of this principle, it can- not be deemed inappropriate to consider some of its possi- l)lc and of its actual applications, both for the benefit and fur tlie injury of the human race ; for unless we understand the principle which has been violated, we may not under- stand the remedy. And first, of its misapplications. I will quote to you, from a sciimtific expositor of the doctrine, as held early in the French Ilevolution. I quote from a work, "published for the first time in I79o, under the title of The French Citi- zen's Catechism ; — intended for a national work." The au- thor says, Here is the primordial basis, the physical origin of all justice and all rifflit. Whatever be the active power, the moving cause that governs the universe, since it has given to all men the same organs, the same sensations, and the same wants, it has thereby declared that it iias given to all the same right to the use of its treasures, and that all men are equal in the order of nature. Secondly, since this power has given to each man the necessary means of preserving his own existence, it is evident that it has con- stituted tlicm all independent one of another ; that it has created them free ; that each is absolute proprietor of his own person. Kcpiality and liberty arc therefore two essential attributes of man ; two laws of tlie Divinity, constitutional and unchangeable, like the physical properties of matter. Now, every individual being absolute master of his own person, it follows that a free and full consent is a condition indispensable to all contracts and all engagements. Again, since eacii individual is eijual to another, it follows that the balance of what is received and what is given should be strictly in ciiuilibrium ; so that the idea of liberty necessarily imports that of justice, the daughter of equality. Kqunlity and liberty are therefore the piiysical and unalterable basis of every union of men in society, and consequently the ne- cessary und generating principle of every law and of every system of regular government.'' Let us in(iuire what use has been made of the principles here laid down. One principle is, that " the Cause that governs the universe has given to all, the same right to tlie use of its Treasures.'' I am unable, from the want of suit- able documents, to show iiow nuich infiuence this doctrine had on the numerous sweeping confiscations of the property "Volney's Ruins. Cliap. 17. of tlie rich, which took place during the French Revolution ; but I will read to you a few words of a kindred spirit in England. He asks, What is the criterion tliat must determine whether this or that substance, capable of contributing to the benefit of a human being, ought to be considered as your property or mine ? To this question there can be but one answer — Justice. Let us then recur to the principles of justice. To whom does any article of property, sup- pose a loaf of bread, justly belong? To him who most Avants it, or to whom the possession of it will be most beneficial. — If justice have any meaning, nothing can be more unjust than for one man to possess superfluities, while there is a human being in existence that is not adequately supplied with them. — If religion had spoken out, and toid us that it was just that all men should receive the sup- ply of their wants, we should presently have been led to suspect that a gratuitous distribution to be made by the rich was a very in- direct and ineffectual way of arriving at this object. Tlie princi- pal object which it seems to propose is, to place this supply in the disposal of a few, enabling them to make a show of generosity with •what is not truly their own, and to purchase the gratitude of the poor by the payment of a debt.* In this country it has been argued, " that the world be- longs to all men equally, and labor belongs to those who perform it, are conclusions as inevitable, as that a man's right hand is his ovvn."f And on these grounds, a conven- tion was proposed and publicly urged in the State of New York, in the year 1830, which should order, An immediate abolition of all debts. An inventory of all real and personal property within the state. A census of all the inhabitants, white or black. An equal division of all the property, real and personal, among such citizens indiscriminately, as have arrived at the age of eighteen, without regard to color. An apportionment of a full share to every citizen, as he shall hereafter arrive at the age of eighteen. The abolition of all interest on money, and the right of making Do you say, there is no danger that men will reason thus ? *Godwin's Political Justice. Book 8. cliap. 1. tFree Enquirer, Vol. 4. p. 283. }The "Friend of Equal Rights," for April 24, 1830, as quoted in the Free Enquirer, Vol. 2. p. 3U3. 6 I answer, men have reasoned thus, and been very confident in tlicir reasonings. Tiicy liave j)ublishcd them, with the intention of inducing nations to adopt them. The party, from one of whose organs the last extract was taken, pro- fessed to have 20,000 followers in the city of New York alone, and nominated its candidate for the presidency of the Lnited States. The rights of property being thus reasoned away from us, let us see what is to become of civil government. We arc told, secondly, that the Divinity has "constituted" men "all independent one of another ; that it has created them free ; that no man is subject to another ; that each is absolute pro- j)rictor of his own person." Now I ask, how shall govern- ment over such " independent" beings begin to exist ? By the voice of the majority ? The majority may agree together as to what they themselves will do ; but where do they get their right to control the minority, who are " constituted in- dependent" of them, and are "absolute proprietors of their own persons?" The author of this system counts no form of society perfect, except one " according to which each one, uniting with the whole, shall yet obey himself only, and remain as free as before."* On this principle, it is plain, there can be no government at all. The logical inference is clearly stated by the English writer already quoted. He says, That coercion of a municipal kind can in no case be the duty of the community. — Coercion can, at no time, either permanently or provisionally, make part of any political system that is built upon reason. — Punishment — at least so far as relates to the individual, is injustice. The infliction of stripes upon my body can throw no new liglit upon the question between us.f Here criminal jurisprudence is annihilated at a blow. Every commitment to the state prison, we are taught, is an act of " injustice." Its walls ought at once to be treated as those of the IJustile have been. Hut whiit then ? Shall we submit to all the violence which tin: wiiked see fit to inllict upon us: This would be intoler- able. Hear our author further. •KoKurnu, Ihi Conlrat Sorial, Liv. Icr. cliap. 6. In The Friend, by S. T Coliridjjc. [). IC.l to lT:t, IJurlington edition, the mctaidiysical errors of Uiin nyHltMii arc ably expoHed. 'Godwin'a Political Justice. Hook 7. chap. ;">. But as long as nations shall be so far mistaken as to endure a complex government and an extensive territory, coercion will be in- dispensably necessary to general security. It is therefore the du- ty of individuals to take an active share upon the occasion, in so much coercion, and in such parts of the existing system, as shall be sufficient to prevent the inroad of universal violence and tumult/ Here we have what our author calls " the abolition of law ;" and we have, as its substitute, the application of force, at the caprice of " individuals." If these individuals amount to a majority, they can, while they avoid all use of " coer- cion" and infliction of '' punishment," impose upon the re- fractory such " restraint" as they deem necessary, by the use of the cannon or the guillotine. True, this is a viola- tion of their principles ; but they are forced to violate their principles in order to maintain them ; and in the violation they know no "law," for "law" is " abolished."f But we have not done yet. Listen to another extract. Are not all women " endowed with certain unalienable rights, among which are life, liberty, and the pursuit of happiness ?" Are not governments (both matrimonial and legal) " instituted among men to secure these rights ?" Do not marriages, as well as gov- ernments, " derive their just powers from the consent" of the con- tracting parties ? "Whenever any" marriage, (be it of a king to his subjects or a husband to his wife) " becomes destructive of these ends," is it not right that it should be dissolved ?f You easily see how, on this ground, a claim might be ad- vanced for women to vote at elections, and to hold every kind of civil and even military office, just as men do ; and on this ground, " the monopoly of legal authority" by men has actually been made a subject of complaint in this coun- try.<§> But let that pass. Hear another extract about mar- riage. Marriage is an affair of property, and the worst of all properties. So long as I seek to engross one woman to myself, and to prohibit my neighbor from proving- his superior desert and reaping the fruits *Godwin's Political Justice. Book 7. chap. 5. tMuch deep and close thinking, and much practical wisdom on tliis sub- ject, mingled with some undue partiality for monarchy, may be found in the third and fourth volumes of Burke's Works. Boston, 1626. IFree Enquirer, Vol. 4. p. 141. § lb. Vol. 1. p. 117. 8 of it, 1 am guilty of tlie most odious of all monopolies. — The abo- lition of marriage will be attended with no evils.* This theory has not always rcniainofl a mere theory. The French Constituent Assembly of 17.^9 commenced the work of altering the laws on this subject- " Succeeding assem- blies went the full length of the principle, and gave a li- cense to divorce at the mere pleasure of either party, and at one month's notice." The reason they assigned was, " that women had been too long under tiic tyranny of parents and husbands."! This was not the mere work of caprice, or the outburst- ing ol brutal passion. It was an unavoidable inference from the Jacobinical doctrine of the Rights of Man. They must give up their fundamental principles, or come to this conclu- sion ; and to another conclusion too. Hear it from Godwin. It cannot be definitively affirmed whether it will be known, in such a state of society, who is the father of each individual child. But it may be affirmed that such knowlcdo-e Avill be of no importance. It is aristocracy, self-love and family pride that teach us to set a value upon it at present. I oufjht to prefer no human be- ing to another, because that being' is my father, my wife, or my son, but because, for reasons which equally appeal to all understandings, tliat being is entitled to preference. — It will then be thought no more legitimate to make boys slaves, than to make men so.f And why should it not be so ? Have not children, as w^ell as women, "certain unalienable rights, among which arc life, liberty, and the pursuit of happiness!*" Further extracts, in abundance, arc at hand, but I will not use them. Enough has been said, to show that the doctrine of the natural equality of men may be so misunderstood and misapplied, as to upturn all government whatever, whether of nations, states, or families, and to teach us that reasoning is not always to be esteemed sound, because it appf.-ars, at iirst view, to rest on that foundation. riie fallacy of all this reasoning is easily shown. We have only U) ask, what is meant bv the proposition, that "all men arc created (;(|ual."' Iviual to what? — to whom? To "Political Jimticr, Hook H. chap. fi. f nurkfB I^icttern on a Rcsicidc Peace. Works, Vol. 4. n. '-iV.I, Hcston cd tl^olitical Justice, Book B. chap. it. 9 full grown men? Cadmus, we are told in ancient fable, sowed the earth with dragon's teeth, and there sprang up a crop of full grown men, ready armed for battle, who forthwith engaged in a war of extermination against each other. Every doctrine which ascribes to men a similar ori- ginal independence and equiility, may be expected to end in similar results. The French revolution was an instance. But men are not thus born. They are born equal to other infants. They are born with an equal claim upon those that are older, for nourishment, protection, guidance, gov- ernment. They are born with an equal right to be brought up, to be educated, to be made fit for freedom. They are born with an equal claim on those who are older and wiser than themselves, for that government, that restraint and co- ercion, without which not one of them in twenty would ever live to be a man. They are born with an equal claim upon the state, for the enacting of such laws as shall secure these benefits to them ; as shall fit them for the enjoyment of free- dom and make them freemen. They have a claim for such laws as shall do this, in the most speedy and eft'eclual man- ner which the circumstances of society permit. It is not true that all children, throughout the whole earth, nave a claim for the same laivs and the same instruction. The child of an Esquimaux may not demand of his parents, the same education which is due to a child in Vermont ; for the parent cannot give it, and no one is bound to perform what is impossible. Esquimaux children, then, have no claim on the Esquimaux community, for laws requiring such an education ; but they have a claim on their parents and on the community, to do all that their circumstances render possible, towards fitting them for all the rights and privi- leges in that country ; and they have aright to such laws as shall secure to them the enjoyment of Esquimaux freedom, whenever they are fit for it. On this principle we practice. The state takes such measures as it judges necessary, to fit its children for the station of freemen. With these privileges, we expect them to be fit for that station at the a^e of twenty-one ; and from the necessity of having some general rule, and not because the number three times seven, has any magical power to con- fer "natural and unalienable rights," we enact that they shall B 10 be free at that age. If, however, one shows himself so man- ifestly unfit tluit he cannot be safely trusted with freedom, we put him under guardianship, or in the state prison, as the case mav re(juiro. The correctness of this doctrine is so obvious, that I shall spend no time in proving it. Let us consider the application of these ])rinciples to the greatest problem which our country has to solve. Ther(! are in the Ignited States, two millions of slaves. What shall be done with them? Something must be done. All princi{)les of humanity, of justice, of our own free insti- tutions, imperiously demand it. We caimotbe willingly in- active, and yet be innocent. But ly/ifl^ shall be done ? Give them their liberty. Yes, give them their liberty — is the re- sponse of every heart and every conscience. They are born with the same right to liberty as ourselves, and we must give it to them. We must confer it upon them as w'e do upon our own sons ; first make them fit for freedom, and then make them freemen. But, we arc told, we have no right to wait till they arc fit for freedom ; that they have a right to freedom noio ; that "all men are createrl equal ; endowed with certain unalien- able rights, among which" is "liberty,'* the full enjoyment, of which we have no right to withhold from them one mo- ment. So we are told, that in a perfect state of society, "it will no more he thought Icixitimate to make boys skives, than to make men so :" that children are "created equal ; endow- ed with certain imalienable rights, among which" is " liber- ty." — But, we are told, no human being is created subject to another; therefore the slaves may not be held in subjec- tion another hour. True, savssome wayward child ; no hu- man being is created suhjiMt to another, and therelore I may not be held in subjection another hour. True, rejoins some one just come of age, I was not created subject to any man, or any two men, or any twenty millions of men, and I will not be in sul))f,'ction to them a single hour, even though they call themselves th(.' nation. — But we are told again, every human being has a rinht to his own limbs, and therefore to the fruits of his own lahor, and no one has a rii^ht to lake it from him; and the undutiful son adopts this argument too, an