E 449 .R72 Copy 1 LETTERS S L A Y E R Y, ADDRESSED TO THE PRO-SLAVERY MEN OF AMERICA; SnOWIXG ITS |lle§aiiti) iii all %pB m^n |Iiittons ITS DESTRUCTIVE WAR UPON SOCIETY AND GOVERNMENT, MORALS AND RELIGION. •z By 0. S. FREEMAN. " Whatever dishonors human nature, dishonors the policy of a government that permits it."— Lord Lyttleton's History of Henry II. .^^ hS BOSTON BELA MARSH, 15 FRANKLIN STRETT 1855. [From the Christian Freeman.] It has no waste words. Every family in the United States should read it ; and all professional men, and men taking an active interest in the subject, should possess it as a l)ook of reference. [From the South Boston Gazette.] This is a remarkable pamphlet. It is remarkable for the condeii.-^ation of a mass of truths in a small compass, which might reasonably be spread over a much larger space. Malf.7/m in parvo might approfiriately be stamped upon its title-}>age. Friends of the rights of man, and be- lievers in the Higher-law doctrine, should read this pam- phlet, and give it an extensive circulation. I From tlie Cambridge Chronicle.] The Jwork deserves to be read by all who are interested in a subject of such vital importance. [From Zioii's Heraid and .Journal.] This pamphlet is elaborately written, and must have cost its wiiter immense pains. AYe commend it to the attention nt' pro-slavery men both in church and state. [From the New England Spiritualist.] The work displays gieat erudition and vast research ; its style, is exceedingly condensed, and it will form an armory ot weapons for the use of all wno are battling for human freedom, whether physical, mentul, or spiritual. I From tiie Li'nerator. | It eulbodic^^ much historical intelligence on the subject of slavery, a strong array of authorities against the folly and wickedness of attempting through legislation and com- pacts to nullily the 'higher law,' and a lucid argument to show that the ]»ro-slavery spirit of tlie day is identical with ancient toryism. in its impudent assumptions, its method of reasoning, and its denial of human (Mjuality. It indi- cates laborious research, and a diligent examination of the whole subject. We commend it to the attention of all. [From Hon. " imads. aectLeti wici sofi TOO stole - - - ^ :^ce of difi fK^'oets «t' bjs tQiIs. Wiiea men a^seiiiDied m lilies, ihn ^bSbi ' - ^ II m — ptoteetrr. - -« -jji ia^ ■aa -.':a die ^oiL? .^:n. rf^blB. S- damental principles of legitimate society, and introduce z l^astard system, that will allow of lordship, kingship, mas- tership, slavery. Even Aristotle, though a Grecian aristocrat, a despiser of the humanity of all other nations as barbarous, fit only to be enslaved by the lordly Greeks, yet acknowledged that the law of human equality was the only legitimate ba- sis of society, rendering slavery unjust and inadmissable. " It is neither for the good, nor is it just," says he, •' see- ing all men are by Tiature alike and equal, that one should be lord and master over others where there is no law. nor is it for the public good, nor just that one man should be a law to the rest, where there are laws ; nor that any one. liiough a good man, should be lord over other good men, nor a bad man over bad men,''*= Could the fundamental principle of every &ee American constitution be more clearly ez '\. It was not for the good of Greece that her auth'i . .Ijwai a large portion of the community to be excluded from her protection, and, contrary to the law of social organization, be held the ab- solute slaves of a privileged order. This was allowing a state of war de jure in the body politic, wtd:-h could not be prevented firom becoming a war de facto to the destruction of the commonwealth. It was allowing zs paramount the partial and unjust claims of a select class in a commu- nity that c-ould have no stability, no existence, in fact, without the actual, the decided recognition of that uniyer- sal law, that guarantees to all men equal rights and denies to any, counter claims. It was allowing pirates and rob- bers a licen,5e to trample upon those fandamenral and Pol., lib. 3. See Miltoa's Defence of th.e People of Englini. 10 LETTERS TO eternal principles, the sacred regard of which, alone, on the part of government, preserves society from becoming the certain prey of impious men. It vras breaking down the only guards and fences which the Almighty has placed around freedom, and allowing the wolves and bears of so- ciety to enter and devour the weak and the defenceless. It was casting the social superstructure from the immoviible rock of absolute justice, and founding it upon the quick- sands of passion and lust — the sensuous power of lawless tyrants. It was entering into a war de jure et de factp against the ordinances of nature and the judgment of heaven, and was certain to be rigorously punished with the total ruin of the state. The best minds and hearts of Greece saw and felt this ; and they raised their voice against slavery. They denied the justice of the claim of any, upon the involuntary and unrequited services of unfortunate men. " Equal law was the decree of the gods. Jove created none to tyrannize over others. All men had descended from the gods with the same natures, the same liberties, the same rights. They had sent heroes to exterminate tyrants and monsters who preyed upon human society." They delighted in the lib- erty of mankind : they had given freedom as a sacred birth-right of all — had written it upon the soul of the poorest and the weakest as a divine diploma which no ty- rants could efface.^ " Tyranny," said Aristotle, <' is against the law of nature."! Euripides, in his play called " The Suppliant," introduces Theseus, King of Athens, as saying, " I have advanced the people themselves into the throne, having freed the city from slavery, and admitted the people to a share in the government, by giving them an equal right of suffrage. ""X So slavery was declared to be contrary to the Grecian constitution, by some of the most eminent among the Greeks.^ Nor could it be regarded by Socrates in any * Arist. Tol., 1. 1, c. 3.— Plato. De Leg., ]. 9, p. G60.— Cudworth, b. 1, c. 5.— Plato in his Eighth Epist. — Isocrat. Orat. de Permutat. t Pol., 1. 3, c. 12. \ As quoted by Milton, in his Defence of the People of England. k Thucyd., I. 4. c 80. PRO-SLAVERY MEN. 11 other light than as a system of robbery.^ It was at war with society. It could not be sustained without force, contrary to right. It was acknowledged that before men made war upon one another shwery had no existence ; that, rightfully, every man was by nature free, and had a right to defend his freedom against all force to subject him to bondage.! Indeed, this was honorable, said the Greeks ; " it is noble," said Cjtus, " to fight, in order not to be made a slave."t Nor can there be found a singrle dissent- ing voice among the best Greek authors on this point. Yet it was held the moment a man was conquered by another he lost his title to manhood and became the abso- lute slave of the conqueror. It mattered not how distin- guished the captive had been, nor how honorable. The slavery of the captive was the reward of valor, prowess, and strategem — thus wholly excluding the law of absolute right, the law of society. Force without law begat slave- ry, and only force without law could sustain it. But force without law was at irreconcilable warfare with the rights of mankind and the principles of society. Therefore, slav- ery could never be incorporated into society. It could only be introduced as its enomy. It could only be at- tached to society as a sinking weight that would drao- it under the waves. The captive, the slave, was the natural enemy of his oppressor, and of all who took sides with the tyrant against him. Greece was in almost a constant state of civil warfare after the establishment of slavery. The principles of the constitution were disregarded. One state made war upon another as a band of robbers. Greek en- slaved Greek. Justice and equity fled. Policy and stratagem, bribery and corruption, force and slavery, an- archy and dissolution, took the place of humanity, justice, virtue, unity, and peace. * Xen. Mem., 1. 4, c. 2. t Xen. Cyrop., 1. 3, § 2. i Ibid. '• Ai the second period the Athenian citizens were 21,000," " while the slaves numbered 400,000." [Mitford, vol. 1, pp. 354, 355.] Who cm wonder that Greece fell. Tradition, in the age of Herodotus, presei^ved the memory of a time when slavery was unknown in Gre^ce. Herodot , 1. 6, p 137 Sparta, as a band of robbers, made war upon Helos, and reductd all tiie people to perpetual slavery. 12 LETTERS TO Yet you, sirs, advocate this as a worthy example for America to follow. You would have us all slaveholders. You would have us turn robbers, pirates, tyrants. You would drive justice from the laud, liberty from the state, religion from the temple, and God from our souls. An- tiquity enroled Hercules amongst the gods, because he punished Busiris, Diomedes, and other tyrants — the pests of mankind and monsters of the world. ^ '• We have all our beast within us," .said Aristotle,! '• and whoever is gov- erne-_:-^-.:j.g another. This was the position which the pre- :i Greece were force^i to take.* For it was _ _- . ^ .^e sight of the Grecians to declare war with :eme Deity as it wotild be now. It was e • - and robbers then, as now, to create donbt : _..r .. inany that the eternal jtLstic-e was the imm . ir of society. It was ' J to the seli nien. to sop !-^:. ....... .^. -...:..i and drow^^ :_-. .--.. .: con- seienc-e, and uDon the rains of fiith in right boild a system of rubber" ' '^m. These Lt. _ : . _. ^sts who snpportai slavery said, as an so. 14 LETTERS TO you sa}^, " Slavery has always existed somev/liere ; nothing is that the gods have not created ; therefore slavery is a divine institution." So every open robber and pirate reas- oned. The filthy debauchee used the same arguments. Thus the same arguments you are forced to use in sup- port of slavery and robbery, the corrupting sophists of Greece resorted to in justification, not only of slavery, but of all the crimes in the calendar. Is it a wonder, then that Greece fell ? Once destroy faith in the principle by which one criminal action is made to be criminal, and you have mined away the whole foundation of moral rectitude. Then you may enact that virtue itself shall be a crime. PRO-SLAYERY MEN. 15 LETTEE II. What nation was ever destroyed by the equity and jus- tice of its laws ? What nation of antiquity, whose ruins remain to tell the tale of long-gone woes, fell not by the hands of both tyrants and slaves ? There was a time when ancient Rome recognized the equality of all men in her fundamental principles of social compact. Had she held by these, and maintained them by rigid virtue — even had the penalties been as severe as they are said to have been — Rome would have remained firm and unshaken thi-ough all the fierce onsets of barbar- ous tribes. But a few ambitious men blew the trump of conquest, marshaled the spirits of the people from peace- ful labors into freebooting bands, and on they rushed upon the nations. The conqueror returned with spoils, with long processions of miserable captives, and these were sold into perpetual bondage. Every new conquest crowded the markets with thousands of slaves. So numerous at one time had they become, that men were sold for less than a dollar per head. It is awful as well as instructive to mark the results of this horrid system of barbarity — to observe how the Al- mighty Judge, by an inevitable law, turned the whole weight of this curse, the Romans were heaping upon wretched foreigners, upon their own heads. As the slaves increased, free labor was destroyed and became a disgrace. Every Roman citizen who had the means, purchased the right of becoming a tyrant by purchasing a slave. Effemi- nacy seized upon the once virtuous and industrious work- ers. Those who had been most successful in foreign rob- bery, and were the most artful, now commenced a system of robbery at home. The wealthier citizens secured a su- premacy of power. The great body of the citizens who had cultivated their own plots of ground were unable to 16 LETTERS TO bear up under the burthen of playing gentlemen and hav- ing their small patches cultivated by slaves. What every man had once effected by his own industry, it now required two or three slaves to effect. To work himself was to place himself in the condition of a slave. For honor he was therefore obliged to sell both his lands and his slaves, which the rich manao;ed to obtain for a son^. As the poorer citizen turned hiS' energies to other sources for a livelihood where there was less disgrace, alas ! he was soon met with the same dread images of slavery and death. Slaves ! slaves ! ! slaves ! ! ! he saw everywhere, and dreaded everywhere. Every where and every moment they haunted his visions. They were always devouring the last crumbs of his famishing children. Thousands of these once industrious citizens became beo;2;ared : thousands be- DO -^ came petty criminals of all shades. There was no honor- able calling but in the army or in civil offices, and these were controled by the wealthy nabobs. The beggared Ro- man still boasted of his freedom, though robbed of all but the name. Equality was destroyed, and liberty had be- come a mockery. What a tale does Tacitus tell in these few lines : "After the conquest of Asia the whole state of our affairs was turned upside down ; nothing of the ancient integrity of our fathers was left amongst us ; all men cast away that former equality which had been observed."* And this he repeats with mournful emphasis. Montesquieu, who devoted his life to the study of the laws of all nations, and a great por- tion of it to the study of the Roman system, attributes the downfall of the Republic to the influence of slavery ;t and, in his learned work on the Spirit of Laws, with his eyes upon sad examples of slavery in the Grecian and Roman Republics, he says : "In democracies, where they are all upon an equality^ # # -^ slavery is contrary to the spirit of the constitution; it only contributes to give a power and luxury to [some of] the citizens which they ought not to have."| And again, alluding directly to the system of * Tacit. Ann., lib. 3. t See Montesquieu's Rise and Fall of the Roman Empire. t Spirit of Laws, b. 15, c. 1. PRO-SLAVERY MEN. 17 Roman .iiespotism wliicli came to exist in consequence of the slavery, and which was exercised in the name of law and order, as you now carry it out in the Republic of America, he says : " No tyranny can have a severer effect than that which is exercised under the appearance of laws and with the phiusible colors of justice."^ Phato had made almost the same expression in respect to the tyranni- cal course of civil power in the name of law and order. " The most complete injustice," said he, " is to seem just, not being &o."t It is hence that Montesquieu, speaking of the " law" or act *' of slavery," says, "J? is contrary to the fundamental principle of all societies. ^^X Home, like Greece, violated the great social law in al- lowing slavery. She made war upon the spirit of her own constitution as a republic — as a democracy. The citizens became petty tyrants. Wealth seized the supreme control. Free labor was annihilated. The whole nation became en- slaved. And when all had become mendicant freemen, bloated tyrants, and miserable slaves, Caesar found no ob- structions in establishing a despot's throne. " The coun- try," says Plutarch, " swarmed with a numerous company of barbarous slaves, whom the rich men employed in culti- vating their ground which they had acquired by dispossess- ing the citizens." This infamous double robber crushed the hearts of the citizens. Poor and despised, they re- fused to enlist in the armies to defend their robbers and themselves ; " nor did they," says Plutarch, " take any care of the education of their children." Thus ignorance, imbecility, vagabondism, loathsome vice, and universal ruin, followed in the train of Roman slavery. Yet you point to the Romans in justification of this mother of deso- lation — refer to it as a blessing to be fostered by the Re- public of America. If you had gone to Polybius, he vv'ould have told you that " none but unprincipled and beastly men in society assume the mastery over their fellows, as it is among bulls, bears, and cocks. "'i* Had you gone to * Montesquieu's Rise and Fall of the Roman Empire, ch. 14. t Repub., 1. 2. f Spirit of Laws, b. 15, cli. 2. § Tolj'b., lib. 4. 2* 18 LETTERS TO Cicero, and the most eminent of the Roman lawyers, they would have told you that slavery was at war with the fun- damental principles of the Roman nation and the grand " law of nature, by which all men are horn freeT They would have told you that the " Law of Nature," which is " the law of all nations, forbids one man to pursue his ad- vantage at the expense of another.''"^ And Cicero would have told you in particular, heathen as you may call him, that this " law of nature " — this fundamental principle of all societies of men as well as of every individual man — " is universally binding upon all men ;" that you are " not al- lowed to retrench it in any part, nor to alter it, much less to abolish it ;" that it was " obligatory upon Rome and upon Athens :" that it " is the same to-day, tomorrow, and is eternal and invariable, because God, who is its author, and has published it himself, is always the sole master and sovereign of mankind ;" that " whoever violates it, re- nounces his own nature, divests himself of humanity, and will be rigorously punished for his disobedience."! Thus, in Rome, the " Higher Law," which you affect to despise, and call in ridicule " Babel-building," was regard- ed as the fundamental and absolute law of the nation by the highest legal authorities. JS^or was it allowed by the best Roman minds that any decree of the Senate counter to this Higher Law was obligatory upon the people. There was a class of pettifoggers in that age, as there is now, who sophisticated the subject of law, and tried to' make un- righteous legislation reasonable and acceptable. The " Higher Law" school, at the head of which stood Cicero, advocated that unjust ordinances and decrees were equiva- lent to an attempt to " create law," which was in its^elf im- possible. t It was contended by these noble civilians that that is not law, and, therefore, not obligatory, which is not in itself just. Nor could the people alter any thing in this respect. They were bound by the eternal law as much * De Omc, ]. 3, c. 5. Ibid. Also 9tli Law Die;, et Justit et Jure, 1. 1, tit. 1. t De Eepiib., 1. 3. Apud Soct. Inst. Div., 1. G, c. 8. See also Marcus TuUus Onit. de lege Agra. Also Theophilus de Jure, Nature et gent., § 6. Also Soto. De'Justl^ et Jure, 1. 4. t See Cicero De Leg., 1. 1. PRO-SLAYER Y MEN. 19 as the Senate. They had no power to make injustice right, nor to bind any man to the performance of an unjust act. " If laws," said he, " could be created by the ordinances of the people, the decrees of princes, or the sentences of the judges," as was the doctrine of some, then " robbery might be lawful, adultery might be lawful, setting up forged wills might be lawful, if these should be approved by the votes or the ordinances of the multitude."^ The same corrupting and destructive sophistry was then stealing its way into Roman society, under the influence of slaveholders, which is now so alarmingly prevalent in portions of American society, namely : that whatever the supreme power decrees in a nation is right, and, therefore, binding. Cicero saw the fatal consequences of this sophis- try, and met it as it deserves to be met in America. '' If," said he, " there be such a power in the decrees and com- mands of fools, that the nature of things is changed by their votes, why do they not decree that what is bad and pernicious shall be regarded as good and wholesome ? or why, if the law can make wrong right, can it not make bad good ?"t Natural law — equal and eternal justice — is the basis of all human law, said Cicero, t and this was according to the arguments of all wise men who had preceded him.s^ " I see this," says he, " to have been the opinion of the wisest men, that law is not something wrought out by man's inge- nuity, nor is it a decree of the people, but it is somethino- eternal, governing the world by the wisdom of its com- mands and prohibitions." Hence he declared that " those who had made pernicious and unjust decrees =^ ^ ^ had made any thing rather than laws." It was all to no purpose, however, that Cicero attempted to beat back the flood of legal corruption that was over- whelming the nation. The supporters of injustice — the aristocracy, the slaveholders — who had already gone far in robbing the people, in crushing free labor, in making the t Ibid. X Ibkl, 1. 2. S Ibid, 1. 4. 20 LETTERS TO people the infamous tools of their own ruin, in corrupting the Senate, the judges, and every possible source of right, had too firmly established themselves for Cicero to succeed in restoring the nation to first principles. When the sources of legislation become so corrupt that tliere is not moral energy enough to recover first principles, the ruin of the civil state, the destruction of society, is as inevitable as if the avenging angel dashed his exterminating thun- ders upon the nation in one awful blaze. Roman slave- holders triumphed ; they warred against God and his law of nations; they destroyed free labor, common education, robbed the people of their lands, covered them with slaves ; and Rome the Republic fell, and Caesar ascended the throne. Ah, sirs, once break down the law of right — let a nation once concede that one man may without crime hold another in slavery, and rob him of his rights — once let the people join with the slaveholder and say there is no higher law than the decrees of the slave power — once compromise jus- tice for the sake of union and peace — and every pillar of the civil temple has become rotten, cankered, and eaten by worms ; then but a footfall, the jar of the passing train, a single human voice, may throw the pile of ages into a heap of desolate ruins. Society from everlasting is built upon the same prin- ciples. Those principles are God's, not man's. They are for the safety of no class to the exclusion of others. They are for the equal safety of all. Lay your impious hands upon them for their destruction, and your own ruin is cer- tain. Break down the fences and guards around freedom, and you shall be the first to be made a slave when the master-tyrant comes. Open the vray for despots, and you shall be the first to be crushed under his iron heel. What did Caesar do when he had conquered the coward slavemasters by the sound of his name ? He saw the shameful degradation of the people, the despotism of the petty tyrants, the land crowded with slaves and all in ruins. He called to him the wisest of the Romans. ^Vere these the friends of slavery ? Far from that. Of Agrippa and Msecenas he asked what was best to be done. The PRO-SLAYERY MEN. 21 power, said he, is now in my hands ; what shall I do with it ? Shall I re-build the lost Republic ? or shall I hold the power as the supreme head, and make mj decrees abso- lute? And Agrippa replied: "Restore the Republic to her ancient lav/s of freedom and equality, for they who are born in the same state desire equality, of which being pos- sessed, they rejoice, and grieve when deprived of it ; and all men, as they are descended from the gods, and are to return unto them, look upwards, and will neither be ever under the dominion of one, nor patiently bear to be par- takers of labors, dangers, and expenses, and be deprived of the communication of better things." But this did not so well please Ca3sar. There was no virtue to cement a new Republic. There were few but masters and slaves. These could make no Republic. Then Mascenas advised that Csesar should retain the supreme power, and, as the saviour of his country, restore freedom and equality to the people, and force the robbers to give back the stolen lands to the rightful own- ers, and revive the honor of free labor. But Csesar the conqueror was himself a slave, and he feared to restore justice, lest justice should restore him. Other emperors succeeded. Some recorded their acts in blood and the tears of widows and orphans and wretched men ; others, with noble deeds, gave their names to the pleasant memories of all fature ages. There were three who would have restored all men to freedom and their equal rights, but had too little faith in the power of the people to sustain them in the immediate and entire eman- cipation of the slaves, and the full restoration of free labor to its honor and lost rights. Besides, the wealthy citizens, who were the slaveholders, held many of the oiEces of gov- ernment, and those who held no office had the power of corrupting those who had. Antoninus Pius, Theodosius the Younger, and Justinian, (the three emperors referred to) found themselves obliged to resort to more indirect meth- ods to destroy slavery and restore the sinking power of the nation. Their first step was to encourage manumissions, and to confer Roman citizenship upon those manumitted. The learned Gothofred, referring to the three noble edicts of these emperors for conferring citizenship upon the manu- 22 LETTEES TO mitted slaves, says, " Thus good princes are usually wont to surpass each other in governing their subjects with equal right. ''''^ Another indirect means was to restore, in form at least, the grand fundamental law of society and government. The most eminent jurists were employed to look into the laws of all nations — to digest their principles and develop them in form. The ancient laws of Rome were to be espe- cially regarded. In the results of this immense labor, of the wisest lawyers under the wisest of the emperors, we have developed what I have asserted, namely, that the fun- damental laws of all societies and governments are the same, and those are " the laios of nature,''^ which in their legitimate action render slavery impossible. The Roman jurists found that the basis of law in every nation was " common impartial justice" — " equal right" — " equity" — a recognition of the " natural right to freedom of every man." " All nations governed by laws and customs," said they, " make use partly of their own law and partly of the law common to all men."t This latter Cicero had observed, and said of it, " The law of all nations forbids one man to pursue his advantage at the expense of another."! And the Digest declared, as well as the Institutes, that *' the natural law, equally recognized among all nations, being created by Divine Providence, always remains firm and immutable ;"^ and that " the law which natural reason has established among all men, is equally held by all, and is called the Law of Nature, as a law which all nations use ;"ll and then, that " Jure Naturale omnes libei'i nascuntur''^ — that " lij the Laiv of Nature all men are hornfree.^'' Thus the fundamental law of all nations, in the time of the Romans, declared the equal freedom of all men, and this law, " being created by Divine Providence," said the Roman jurists, " always remains firm and immutable." " Nor can it be altered nor amended," said Cicero, " much less abolished." * BolUn Coiit. Con-., p. 60. t Dig.. 1. 1, tit. 1. See also Inst., 1. 1, tit. 2, § 1. X De Off., 1. 3, c. 5. \ Dio-., 1. 1. Inst., 1. 1. tit. 2. II Instit., 1. 1. tit 2, \ 1.' PRO-SLAVERY MEN. 23 This immutable principle Wiis affirmed and re-affirmed by tbe best of the Roman emperors ; but, joined with all their wisest statesmen and jurists, they were impotent to save Rome. The slavemaster had struck the parricidal blow which no physician could heal. The last drops of virtuous blood were ebbing quite away, and only the black blood of vice remained. Thus Rome died the victim of slavery. 24 LETTERS TO LETTEE III. Is it not as absurd to suppose that society organizes with- out its " natural law^'' as that crystalizatiou or germination and growth occur without their definite and invariable laws ? Is not association as natural to man as it is to the bee and the beaver ? Does not human society spring spon- taneously from the soul and sentiment of human nature, the roots of which shoot down into the moral element of the universe ? How orderly, how regular is crystalizatiou ! How ad- mirable is the formation of organic being ! ' Not, however, unless their fundamental laws are dominant. Let other and foreign forces enter, and how ugly every thing becomes ! In all the orderly processes of nature, every part that en- ters to make up the great whole has a common interest. It has its state and place, but its relation is equal. The sublime law that guides it to its place has no respect to parts. They are all divine, and have a sacred mission. So in the orderly processes of legitimate society. The law of their occurrence is common, universal. Every indi- vidual part, every man, has his equal right with every other. lie has his state and place determined him, not by the arbitr^^-y will of a few, but by that common law — God's enactment — that determines the state and place of every man as he freely moves in the Maelstrom of the world. The moment one part, or one man, assumes to himself what is not common to all, disturbance enters the mass, distraction seizes other members ; orderly arrangement, then, is impossible. Yet the law that struggles for this will still be seen, but the result is an irregular formation, as much difierent from legitimate society as a rough lump of dingy quartz is unlike the transparent and geometrical crystal. Hence Plato : " That which is of a common or PRO-SLAVERY MEN. 25 public nature unites, while private interest segregates and dissociates."^ It was the latter that ruined Greece — the private inter- est of sla\'^holders. The same destroyed Rome. The common law of association — the equal right of all — was forced aside. It was denied its action. Partial legisla- tion was allowed. Ah, sirs, how ruinous to all govern- ment is that ! It licenses rights (wrongs) to a few it would be impossible for all to exercise ! How has govern- ment the authority to do for the few what it cainiot do for all ? All associate and appoint government for the common ben- efit of aU. There is no legitimate right short of that. The assumed rio;ht of the slaveholder is not the common right of all, else all would have the right to enslave all. That is impossible. Common right is universal, equal, opposed to the as- sumed right of the few. Government, then, cannot allow it, as it is built on common law, common right, justice. Government cannot, then, sanction slaveholding — that would be justice sanctioning injustice. It would be favor- ing assianed partial right in its warfare against common right — against the fundamental principle of government. Not government, then, but arbitrary power, sanctions slav- ery. For common-right law is fundamental — the first, prime, sole law of social organization — the primal law of human relations. It is absolute. Would you go behind that ? you shall meet flice to face the Eternal God. Would you pierce beneath it ? you shall meet the impenetrable rock of Divine Justice. Would you soar above it? then you shall pass into the heavens of Infinite Love ! America is following Greece and Rome. She has re- belled against her law of laws. She has abandoned com- mon right. She legislates for slaveholders. Had Rome gone so fiir towards ruin three hundred years from her foundation ? How old is America ? Where is her na- tionality ? AVhat is her name abroad ? When Rome had become rotten with this sin, the barba- rians came forth and dragged her carcase to the pit. Yet * De Leg., 1. ix, p. C60. 3 26 LETTERS TO you quote Kome. " The Romans held slaves," say you, " and, therefore, Americans may hold slaves." Why not say, *' America has a right to rebel against Heaven, and defy Eternal Justice — commit suicide ? " I have shown that the fundamental 25rinciples of Roman law, as well as those of all other nations, recognized the common right of all men, and were, therefore, opposed to slavery. When the Barbarians overran the Roman Em- pire, and, at length, began to organize into associations, the same law of common right was developed as the basis of government. Normans, Saxons, Franks, Visigoths, Ostro- goths, Lombards, all recognized this primal principle as the sacred basis of their civil societies. There is a uni- versal concurrence among all the best writers on this^ point. The fundamental law of human rights was also dis- tinctly developed in the civil constitutions of Sweden,! Denmark,! Hungary,^^ Arragon and Navarre,!! Spain and Portugal.lT This was by no mere voluntary choice. It was a matter of absolute necessit3^ The law^ of nature obliged it, as it obliges the crystalic energy to fulfil its definite action to produce a crystal. Men may choose to associate, but they cannot associate in organic form without acting according to the common law of social organization. Hence slavery is at war with legitimate government, and, therefore, legitimate government is at war with it. When slavery triumphs, government is overthrown. When slavery takes the place of government, society is overthrown ; for society can be protected only by legitimate governme7it, either internally, from the righteousness of every man ; or externally, by the dread mandates of justice, in the forms of outw^ard law, prohibiting wrong and affixing penalties to the infringement of common rights. * See Hale's Hist. Com. Law. Stuart's Constit. of Eug. Eapin's Origin and Nature of Eng. Com. Law. Hallam's Mid. Ages. Hume'.-^ Eng. Dunhams Mid. Ages. t Jolvan Magnus Hist., L 15 & 29. Crantzivis, 1. 5. i Pontanus, L 8. k Donsinius, Decad 4, 1. 9. fl Chalcondile, 1. 5. *[ Molina, de Hist. Primog.. c. 2, n. 13. Greg of Tours, 1. 2. Linden- burg, 1. 2, tit. 2. 17 tit. Ord. Portugal, I. 2, § 2, 3, et seg. Al^o Lind., 1. 1, tit. 7. PRO-SLAVERY MEN. 27 While society in the Roman Empire was becoming a chaos of corruption, under the disorganizing influence of shivery, Christ was born within it as a new germinating and organizing energy. Only masters and slaves were to be found. Those who boasted of their freemanship were the oppressors of those called slaves. All the common of- fices of life had become degraded. Common charity had grown into a monstrous hypocrisy. Justice had fled, and left tyranny with its scepter of iron to rule in the name of law. Public virtue, there was none ; and the common rights of humanity were as if they had never been. The indolent proud lived upon the toils of those they had de- graded into beasts of burden, and looked with sanctimo- nious contempt upon the sons of labor, whom they called slaves ; as if labor had been designed by the Creator a deg- radation, and those were to be scorned and crushed under the iron heel of tyranny who performed the most useful, indispensable offices of life. Christ broke in upon this monstrous system, by taking upon himself the form of a slave, and acting in the service of humanity, without regard to the conventional rules of Scribes, Pharasees, slave-masters. He washed his disciples' feet, and said, " If I whom you call Lord and Master, have washed your feet, ye ought also to wash one anothers feet." There shall be, henceforth, no degradation in the offices of life. Ye shall have no slaves to serve you. Service, labor, usefulness, is henceforth to be viewed by you as holy. " All ye are brethren.'"^ " Call no man master, neither be ye called master."'^ " Ye know that they which are ac- counted to rule over the Gentiles exercise lordship over them ; and their great 07ies exercise authority upon them ; but so it shall not be among you ; but whosoever will be greatest among you, shall be your mi?iister, and whosoever of you will be chiefest shall be the servaiit of all. For even the Son of Man came not to be ministered unto, but to min- ister."! " Be not like the Scribes and Pharasees." " They bind heavy burdens and grievous to be borne, and lay * Miitt. 23: 8—11. t Matt. 10 : 42—45. 28 LETTERS TO them on men's shoulders, while they themselves will not move them with one of their fingers." They boast of their regard for the iav>', but " omit its weightier matters," "judgment, mercy and faith." They make " long prayers," but " devour widows' houses." They are "full of extortion and excess," and " like whited sepulchres, beautiful with- out, but within full of dead men's bones and all unclean- ness." They build tombs for the ancient prophets, but " murder those who are sent to teach them." " Be not like the Scribes and Pharasees." But " all things whatsoever ye would that men should do unto you, do ye even so to them ; for this is the law and the prophets." If ye would that men should slave for you, ye must likewise slave for them. Life is a ministry. All labor is holy, that minis- ters to the benefit of man. None shall be masters, none slaves, but all ministers of good, God's freemen ; above none, beneath none. "Brethren," says Paul, "ye have been called unto liberty," " not " that liberty " vv^hich is an oc- casion " or license " to the flesh ;" but that liberty in which, " by love we slave for one another." It is that state wherein freedom and slavery meet; that is, — the labor which those who boast of being free, leave in their pride to be performed by crushed humanity ; Christians shall do for each other and for the world as God's freemen, so that there shall be in the church no worldly distinctions of bond and free, Greek and Jew, but all shall be equal, all ministers. Such was the grand idea of Christian life. It was wholly at war with slavery. Hence the purest of the church fathers labored against slavery. The Christians in Asia Minor at a very early period " decried the lawfulness of it, denounced slaveholding as a sin, a violation of the law of nature and religion. They gave fugitive slaves asylum, and openly offered them protection. ""^ Maximus preached and wrote against it.t Those who entered upon a religious life gave freedom to their slaves. t Theodorus Studita, gave particular directions, " not to employ those beings, created in the image of God, as slaves."*i> Polycarp and Ignatious * Fletclicv's Lessons on Slavery. t Maximus Exposit Dom. I., f. 356. Neander. t Actis Sanct. Apr. T. I , append, f. 47, § 8. ^ Ibid L. L, ep. 10. See Leander. PRO-SLATERY MEN. 29 manumitted their slaves on realizing the equality of the Christian law. Constantine gave authority to the bishops to manumit slaves,^ and granted Roman citizenship to many of those set free.t St. Augustine speaks of the free- dom of slaves as a great religious virtue,! and declares the Christian law against regarding God's rational creation as property.^ Nor could the corrupting influence which heathenism and barbarism exerted upon the church, entirely destroy this particular mission of the gospel. Neander speaking of the early oriental Christians, says, " they declared them- selves opposed to the whole relation of slavery as repug- nant to the dignity of the image of God in all men."il " I can hardly credit," said Isidore, " that a friend of Christ, who has experienced that grace, which bestowed freedom on all, would still own slaves."1F This was the spirit that animated the purest men of the church. By their influence, laws and charters of freedom were obtained, by means of which immense numbers of slaves were made free."^^ They united their exertions to enlist even the barbarian princes in the cause of the slave. Remigius thus wrote to Clovis, " Let the gate of your palace be open to all, that every one may have recourse to you for justice. Employ your great revenues in redeeming slaves. ''ji Johannes Eleemos- ynarius, patriarch of Alexandria, addressing himself to a slaveholder, said, " Tell me what price can man pay to purchase a man, who was created in the image of God ? Hast thou a difi"erent soul ? Is he not in all things thy equal ? There is neither bond nor free ; all are one in Christ. We are all equal before Christ. What then is the gold you have paid for a child of God ?"|| So Lingard * Sozomen, 1. 1 , c. 9 —Cod. Theod., 1. 1., c. De nis qui in eccl man- umit. t Ibid 1. 2. j Ser. de diversis, 50. I Ser. de ch. mo 1. 1. II Neander, Hist. Chris. Ee. and Cli. vol. 3, p. 99. Tl Ibid. ** Murat Antiq. Ital , v. 1, p. 84. ft See Life of St. Remigius. It Life of Johannes Eleemosyn., by Leontius. Trans., by Anastasius in Actis. 3* 30 LETTERS TO refers to the divine influence of tlie Christian church in destroying slavery.-'^ I have already referred, in the preceding letter, to the efforts of Justinian to restore the fundamental lav>^ of soci- ety, by v/hich all men are pronounced free. In 539 he determined by an edict that masters had no power to separate families in the sak of slaves, and that it was a crime.! And Gregory the Great pronounced it " a cruel evil," " a great crime," and declared a severe punishment upon the bishops who allowed it in their bishopries.! Charlemagne issued a decree against it.§ And Constan- tino and Constantinus, both made the subjection of females to slavery a capital crime. II Gregory the Great was born in Rome, among the nobil- ity, about 545. He filled for a time the office of praetor, and held numerous slaves. After his conversion, he aban- doned his civil office, and devoted himself to the church. On the death of Pelagius II, he was chosen bishop of Eome. .His heathenism and pride of superiority clung to him with ,great tenacity, notwithstanding he acknowledged the equal rights of mankind as recognized not only by the fundamen- tal principles of the state, but by the Christian religion. On granting freedom to his slaves, he gave as his reason the consideration of what Christ had done, " that he might free us by his grace from the chains of bondage in which we were enthralled, and restore us to our original freedom. .So a good and salutary thing is done," said he, " when men, .whom nature from the begimiiyig created free, and whom the customs of nations had subjected to the yoke of servitude, are presented again with the freedom in which they were borny'^ He also admonished slaveholders that those they held in bondage were " their equals,'" that " by nature they .were created upon a level with their slaves."^^ Still he favored making chattels of the heathenM * See liis Ant. Anglo Saxou church, c. 1. t Novell, 162, c. 3. i Greg. 1. 3, ind. 3, ch. 12. 4 Council of Chalons, Can. 30. II Cod. Theod , 1. 9, tit. 29, leg. 1, 5. T[ Greg. Magn. op. Polguss., 1. 4, c. 1, § 3. ** Postorulis Curae, 3, c 1, admon. 6. tt See Greg. Mag., F. E. i\, 1. 10, ep. 52, ep. 34. and 1. 2, ep. 39, and 1. 5, PRO-SLAVEllY MEN. 31 About tlie eiglith century the old Ptoman slavery had been quite overthrown, but a new form had also been ri- sing to take its place — that, consequent upon the wars of the " Barbarians." The good men of the church had this to contend with. I have already referred to the letter of St. Remigius to Clovis to induce him to exert his power and bestow his wealth in the cause of suffering captives. Nor did Clovis disregard alto2;ether such admonitions : for he sent a circular letter to all the bishops in his dominions, in which he allowed them to give liberty to any of the cap- tives he had taken, and thus save them from slavery .=^ A volume might be filled with the most interesting incidents, showing the noble exertions of the purest and best men of the church in that fearful period, agiiinst the barbarous in- stitution. "What a beautiful example we have in the life of Cesarius in the sixth century ! When the Franks and Burgundians laid seige to Arls, and a great many captives were brought into the city to be sold, this good christian hastened to the church, stripped all the silver ornaments from the pil- lars and railings, took the sacred vessels, the silver cen- sers, chalices and all, for the relief of the captives and the freedom of those in bonds, saying, — " Our Lord cele- brated his last supper in mean earthern dishes, not in plate, and we need not scruple to part with his vessels to ransom those he has redeemed with his life."! There were Pharasees then, as now, who regarded such*an act as a great sacrilege. The good man replied " I would fain know if those who censure what we do, would not be glad to be ransomed themselves in like manner, were the same misfortune to befall them."t The wiser and better men of the church always commended this. Lactantius said of it : " It is justice which the free owe to those in bonds."^ And again he says : " Justice teaches men to know God and to love men, to love and assist one another, heiiig all equally the children of Go.'?. "II *Life of St. Eemigius. fLife of St. Cesarius. tibid. ^Lactant, Div. Just. p. 587. Ijlbid. 32 LETTERS TO This had been a frequent practice in the church. St. Ambrose ordered the priests to sell all the sacred vases in order to redeem slaves and set them free. " The Lord" said he " will say to us, ' why are so many unfortunate be- ings subject to slavery, even death, for want of being re- deemed ? Men are better worth preserving than metals.' What have you to reply ? Must we deprive the temples of their ornaments ? But the Lord will say — 'It is not necessary that the sacred things be clothed in gold.' "^ St. Augustine also practised the like thing repeatedly, and justified it as a duty the free owed to those in slavery.! If Christ could lay down his life for the redemption of mankind, how could the church refuse its treasures for the redemption of captives. Christ came to break the bonds in sunder and to let the captive go free. Nor did Augus- tine shun to rebuke the oppressors and enslavers of man- kind. " Those are not societies'^'' said he, " whose supreme law is not justice, they are only marjna latrociiiia^ great confederacies of thieves or robbers. Society cannot co?isist without justice yX There were christians in those days of peril, who did not fear to meet tyrants face to face. Death was no terror to them. They were ready to die for the oppressed. Many went so far as to enslave themselves for the freedom of others. They conferred not with flesh and blood. They took their lives in their hands and went out amid the bar- barians to save humanity from degradation and miserable thraldom. Heaven was the only reward they expected. By their energy, countless slaves were made free. In the name of God and Christ and humanity they accosted the slave masters. St. Cyprian said to Demetrius the tryant, " You, man of a day, expect from your slav^e obedience. Is he less a man than you? By birth he is your equal. He is endowed with the same organs, with the same rea- *St. Amb. Trent, de Offic, p. 103. tLife of St. Aiigustine — Possid, vit. Aug. capiat 2-i. — Cyril of Jeru- salem taught the same. Vide. Iheodoret,!. ii. c 27. Also, Acacius of Amida. Vid. Socrat, 1. 7. c. 24. — So also Deigratias of Carthage. Vid. — Vict, de Persec. Vandal, 1. i. tAugust, de Civit, Dei. 1. 4. c. 4. PRO-SLAVERY MEN. 33 soiling soul, called to the same hopes, subject to the same laws of life in this and in the world to come. You subject him to your dominion. If he, as a man, disregard or for- get your claim, what miseries you heap upon him. Im- pious master, pitiless despot ! You spare neither blows nor whips, nor privations ; you chastise him with hunger and thft'st, you load him with chains, you incarcerate him within black walls ; miserable man ! While you thus main- tain your despotism over a man, you are not willing to re- cognize the Master and Lord of all men."^ How does this compare with the " South side view of slavery," with the letter of a " northern presbyter," with the reasonino; of Dr. Blasfdeu. " Both relio;ion and hu- manity" said Cyprian, " make it a duty for us to work for the deliverance of the captive. It is Christ himself whom we ought to consider in our captive brothers."! Not so ! Not so ! cry our new light doctors of divinity. " Religion makes it our duty to aid the oppressor, to return the cap- tive to bonds and stripes ; and as for humanity, that is on- ly the foam and froth in the boiling pot of society. So these fine doctors of to day, advocate the superiority of barbarism, repeat the creed of old tyrants, take the side of heathenism and atheism against Christianity, while yet they pretend to be christians. They would send their mothers into slavery if they had been born under a task- master and the tyrant demanded the sacrifice; for " this" say they, " is law and order." Such law and order, gentle- men, as sunk Greece, buried Rome, plunged mankind into palpable night, extinguishing the last taper of science and the last star of hope. *St. Cyp. t. V. Dernet. fSt. Cyprian to the Bisliop of XumiJia. 34 LETTERS TO LETTER IV. Feudalism onginatecl as a protective system. The equal riglits of the jDOople \Yere to be sacredly regarded. Justice was recognized as the basis. The people entrusted their rights in the hands of chieftains. They, in turn, solemnly pledged themselves to protect those rights with the aid of the people themselves. The leaders took advantage of the power they found in their hands to enslave their subjects. What had been a mere conditional trust they gradually assumed as an unconditional rifrht. Instead of beino; magistrates and protectors, they became oppressive robbers, cruel task-masters. The people degenerated into slaves. As this dreadful state of things progressed over Europe, the blackness of night settled down upon all nations. The elements of society were dissolved. Even those who flat- tered themselves with the name of freemen were, like the free blacks of the Southern States, but a slight remove from absolute slavery. Knowledge fled. Master and slave were alike benighted and beastly. The tenant could not dispose of the effects of his own industry ,"5^ and he buried his tal- ents and turned his hands to villany. He was forbidden to marry without purchasing the consent of his petty tyrantjt and he stole connections without regard to primal law. He was forbidden to marry beyond the limits of his nabob's dominions.l He was thus degraded in all respects as a man. Black and revolting as feudal slavery was, however, it was a virtuous institution compared with the slavery of the Southern States of America. Not, indeed, in all history — not in the darkest days of ancient barbarism, can be found * Duchcrii SpiceL torn. xi. 374, 375. t Miirat, Ant. Ital. vol. 4, p. 20. Orel, des Eois de France, torn. i. p. 22. Tom. iii. p. 203. I Hist, de Daupliine, torn. i. p. 81. PRO-SLAVERY MEN. 35 a system of despotism so utterl}' destitute of one redeeming quality as that of American bondage. Even in the worst days of Roman and European slavery, the miserable wretches were not forbidden to acquire knowledge. Some Roman slaves were eminently learned. No special meas- ures were instituted to prevent bondmen from becoming noble specimens of humanity. Thus heathen barbarism was more Christian in its system of slavery than the Christ- ian barbarism in America. You, sirs, resort to the most diabolical measures to crush the minds out of the human beings you enslave. Where was despotism ever found equal to the present educational laws of Virginia !=^ In the European slavery in its worst days, a slave on taking holy orders became free.t American slaves, on becoming ministers of Christ, are still held slaves. So on any agreeable event, European princes used to testify their gratitude by enfranchising great numbers of slaves.1^ But when to you has ever come the occasion that brought with it such gratitude to God ? So the Christian Church, as I have already shown, regarded it as a mark of the purest religious fervor for a master to manumit his slaves ^ with- out pecuniary considerations ; while 3'our church makes slavery a virtue — a divine right, and freeing men from bondage, a vice — a sin. In the darkest period of European history, there were some men who violentlj^ opposed freeing slaves. " It is dangerous^'^ said they. 1| Fools! dangerous to whom ? to society? As if a band of robbers were a society ! Does the existence of society depend upon the smallest possible amount of freedom, and the greatest possible amount of slavery ? This, sirs, is your cry — " danger to society!" This is your plea for not favoring manumissions. As if freedom were a greater evil to society than slavery ; as if society could be preserved by slavery, and annihilated by every * See Educational Laws of Virginia. Boston : Jewett & Co. t Murat, Ant. p. 842. I Marculsi Form, 1. 1, c. 39. § Ibid, 1. 2, c. 23, 33, 34. II Potgiess, 1. iv. 2, 2, § 6. Morice, Mem. pour serv. preuves a Pliist. de Bret. torn. ii. p. 100, 36 LETTERS TO man enjoying his absolute rights ; — as if the fundamental principles of society are not in reality identical with the primal rights of all men. The fundamental law of society — equal human rights — was urged in Spain against slavery in the eighth century with much energy and effect,^ and by the fourteenth cen- tury nearly every civil society in Europe had gone far to- wards universal emancipation. Kings were not unwilling to declare the equal rights of their enslaved subjects, and to exert themselves for the overthrow of domestic bondage. The school-men every where discussed the natural and inherent rights of the people, and the light which they shed upon this subject had no inconsiderable influence in preparing even the minds of princes for the great change. In the year 1315, Louis X. of France, issued an edict for the abolition of slavery and the enfranchisement of the people. This noble document is a standing reproach to republican despots. " As all men are hy nature free born,'''' said the French King, " and as this kingdom is called the Kingdom of Franks, [freemen] it shall be so in reality. It is therefore decreed that enfranchisements shall be granted throughout the whole kingdom upon just and reasonable conditions."! Three years after, Philip, the brother of Louis, confirmed the same edict. I Ah, sirs ! when a long inactive law of nature springs into energy in the midst of confusion and disorder, how admirable is it to see order and beauty spring up with it I The enslaved people of France, without a center of action, had lived without unity, without public spirit, in factional divisions, without society, degraded. The revival of this fundamental law quickened, as by an electric flash, the central energies of the nation. The heart of France beat with new life ; the dissociated ele- ments began to coalesce in crystaline order. New organic parts st^irted into form. Sirs ! when has not liberty been the greatest boon to a people ? When has not sla- very been their greatest ciu'se ? * Bodin de Repub., c. 5. t Ordon, torn. i. p. 583. t Ibid, p. 653. PRO-SLAVERY MEN. 37 Louis X. and his brotker Philip are not the only princes who have acknowledged the natural liberty and equality of all men. Frederic II. was one of those honest and true noblemen, who, scoffing at the arrogance of bloated aristocracy, and the bigoted pride of kings, confessed the grand law that mankind were created equal and free.=^ How important the fact, that the best minds in all ages have recognized this principle of nature ! How significant that despotism has ever denied it, and has ever been at war with it ! — that only tyrants, and robbers should have the disposition to oppose this self-evident truth ! What a lesson ! that tyrants in Grreece triumphed over it, and sunk the nation into barbarism ! — that slaveholders trampled upon it in Rome, and drove liberty and virtue forever from the eternal city. How impressive, that the lords of Eu- rope waged war against it, and converted all that had been called society into a mass of moral putridity — black and loathsome ! How beautiful, that while the church fostered and preserved it as a divine principle, it in turn preserved her, and gave her the love and reverence of humanity ! When it was once more revived in the hearts of the na- tions — when it had roused and quickened the consciences of kings — when it had become enthroned in the courts of judicature, and was felt as the law of the twelve peers — how soon did slavery and anarchy and disorder vanish, and the new light of civilization arise ! In France, all the noted writers on law, at an early pe- riod, decided that slavery was contrary to the common law,t and that no slave could touch French soil without instantly becoming a freeman. Even a foreign ambassador was not allowed to hold a man in involuntary servitude. The slave of a Spanish minister was pronounced a freeman by the French judges. Nor could the distinguished posi- tion of the claimant have any influence upon the court to allow his claim. I Some complained of this want of re- spect to his office and rank,^ though the correctness of the * See Bancroft's Hist. U. S., vol. v. p. 7. t Hargi-ave, in the case of Somerset, j See Badin de Repub., 1. 1, c. 5. § Kircher, de Legat., 1. 2, c. 1, n. 233. Binkershock Juge compet. des. Amb., ed. par Barbyr, c. 15, s. 3. 4 38 LETTERS TO principle was universally conceded. The Dutch States, in a similar case, allowed this law of society to be trampled upon, out of respect to the minister of a foreign court,"^ and received hisses for their pusillanimity. That policy creates only contempt which tamely allows injustice out of respect to empty titles or any other matter of accident. France respected herself, and sustained her law of personal rights ; and she had the respect of the world. The Northern States of the American Union are bound to maintain as sacred the same eternal law. It is the fLmdamental principle of their constitutions. But they have deserted that, for the defence and perpetuity of which Whig fathers labored, suffered, and died. This law has been deserted by the North, not out of respect to the claims of foreign ministers, but to satisfy the demands of petty tyrants — plantation masters ; and at how great a cost ! In England the battle against slavery was long and ar- duous, sometimes extremely bloody ; for the pro-slaver}' party was always active, and consisted of the most unprin- cipled men of the kingdom. They fought against the fun- damental law of society, in order to maintain their own unjust assumptions. The friends of justice and freedom improved every advantage to give su]3remacy to this law and to overthrow slavery. No man was allowed to be tried on a question involving his personal rights without a jury of twelve men. No claimant of a slave could touch the man till twelve peers had set in judgment upon the case ; and they were always, when fairly chosen, on the side of freedom. It was by the institution of jury trial that slav- ery was completely annihilated. Laws, too, were enacted by Parliament for increasing the advantages in favor of freedom,! though not without the most strenuous opposi- tion of the slavemasters. Many were manumitted by pos- itive enactments in the days of Edward I.t Every possi- ble legal obstruction was thrown in the way of the claim- ant, whilst all possible advantage was given to the alleged * \Vicqi;efort's Ambass., p. 268. t Co. Litt. 139.— Fitzli. Nat. Br. 78, C. D. 13th Edw. 2, 408. Litt. s. 20—209, & 2 Ro. Abr. 735-737. j Britt. Cap. 31, — Wirror of Justice, c 2, s. 38. PRO-SLAVERY MEN. 39 slave.^ If the nabob failed to prove his claim clearly, de- cidedly, agaiust all possible doubts thrown in on the side of liberty, he was amerced.t How different is that from the manner in which slavery is treated in this boasting land of freedom. Shame on this boast ! Ye are worse than barbarians. Even as early as 1102, shortly after the accession of Henry I. of England, the anti-slavery spirit was so strong in that nation, that, in a national ecclesiastical council, held at Westminster, under Anselm, " it was forbidden to sell men like cattle, which had been too generally practised in England, "$ especially since the conquest of William of Normandy. Here it is important to remark, that this con- queror, or robber, on gaining possession of England, at- tempted a regular system of slavery. He was prevented from fully carrying out his purpose only by the resolute resistance of the Saxons. He attempted, by overthrowing the fundamental principles of government, and by setting up an arbitrary and despotic system, to reduce the Saxons to the condition of abject servitude to liimself and to his Norman lords. Henry I., on taking the throne, promised the people their natural rights. To make sure of that, they re- quired him to give them a charter of those rights and his solemn oath to maintain it. He complied. This charter of En owlish liberties was reorarded as the law of the land. It recognized the great primal law of nature, giiaranteed justice and right to every man, and prepared the way for the total abolition of slavery in the kingdom. Seventy years after, the great synod of Ireland de- nounced the " slave trade in which the Irish had made bond slaves of the English, contrary to the right of Chris- tian freedom ;" declaring, also, that " they had purchased of robbers and pirates, as well as of merchants — a crime for which God took vengeance upon the nation by deliver- ing them into like bondage ;" and therefore '' uiumimously decreed and ordained, that all the English throughout Ire- ■* Bi-itt., Wing ed., c. 31, p. 78.— Rust. ent. tit. Homine Ecplegiando, 373. Lib. Inst. 56. t Fitzh. Arb. Villen. 38. t Vid. Butler's Lives. — A7iselm. 40 LETTERS TO land^ in a state of slavery, should he restored to their natu- ral freedom.''''^ Thus Ireland has the honor of the first general emancipation act known in history. There is nothing more marked in the history of English jurisprudence than the fact, that, up to the time of the bloody Stuarts, the courts of justice presumed in favor of liberty in the trial of the claims of slavemasters.t A fu- gitive claimed by the master had the right of Habeas Cor- pus and Homine Replegiando.X The latter gave great ad- vantage to freedom. How much different is all that from the course pursued in this boasting land of democracy ! Here, slave-masters rule the courts, and convert the temples of justice into slave-pens. Every advantage is given to the claims of the petty tyrant. Instead of a jury of twelve men, a commis- sioner is appointed, in mockery of justice, and he is paid a premium for deciding in favor of slavery. Ah, sirs, what a difference is that ! How infamous ! How barbarous ! The English law said, " Impious and cruel is he to be es- teemed who favors not liberty." But you make Ameri- can law to say, " Impious and accursed shall he be es- teemed who favors not slavery." " Justice must be done to every man," says the English lawJI " Not so," say you ; "justice shall not be done to every man. Four millions of men, women and children shall be denied justice. They shall be held in eternal bondage, though innocent of crime." " A bad custom or usage is to be abolished," said the Eng- lish law ;1[ and away went slavery. " Not so," say you ; " that principle would ruin America. Bad customs are to be fostered and nursed," as Greece and Home nursed slav- ery till it had destroyed both. Slavery originated in the barbarism of war and piracy. It exists by no other claim than that of the freebooter. * Vid. jMoore's Hist. Ireland, vol. 2, p. 232. Chronica Hibernio?. Cott. Lib Dom. A. 18. Stephens' West Ind. Slav., vol. 1, p. 6. t Vid. Lib. Listrut., 176 a 177, b. & Bro. Arb. Vil. 66.-47, Hen. 3. St. Dev. Fitz. Arb., vil. 39. t Ibid. Also Fitzh. N.Br. 66, & Lib. Instrut. 176 a. 177-6. § Cod. Lit., 124. jl Jeuk Cent., 93. *if Cod. Lit., 141. PRO-SLAVERY MEN. 41 The laws of all Christendom denounce that a capital crime. The laws of the United States so regard the first act of en- slaving men. They pronounce it piracy ; why ? Mani- festly because it is impossible to regard it in any other light, for the plain reason that the law of nature — the laws of all nations — regard every man as possessing absolute rights, of which, to attempt to deprive him by force, is rob- bery and murder — a crime against society and against God. The primal law of society, then, is supreme. It is the highest law, and its violation is the highest crime against society. Nothing can be lawful and right that makes war upon that. All enactments, to be law, must harmonize with it. To enforce an opposing enactment is suicidal, de- structive of all government. Hence slavery can never be sanctioned by society. It can be supported, not by gov- ernment, but only by a band of robbers in the name of government. Human rights are divine. That which is at war with those rights is not of God, but of the Devil. It was legitimate law which overthrew European slavery ; while bastard law, diabolical edicts, sham legislation, at- tempted to sustain it. God and the people were against the Devil and the tyrants. The latter were defeated. But here you are, sirs, in the nineteenth century, defending p- rates, robbers, despots, and the Devil ; making war against the Almighty and the people's rights. Do 3'ou expect to triumph ? " The day cometh that shall burn as an oven." 42 LETTERS TO LETTER V. It has been seen that just when the old Roman slavery was being destroyed, the feudal slavery of the middle ages arose. Alas ! that just when this latter was expiring throughout Europe, under the powerful influence of the natural law of society, another and a still more horrid form of this monster should arise — the bondage of the African. But little more than a century had passed after Louis X. and his brother Philip, of France, had decreed that " as all men are by nature free born," enfranchisements should be granted throughout the whole kingdom upon just and reasonable conditions ; when popes Martin V., Eugene lY., Nicholas V., Calixtus III., and Sextus IV.,^ assumed the right in the name of God and Christ to grant power to the kings and princes of Portugal to enslave the poor Afri- cans. This was not the first attempt of the popes to give an open and direct sanction to involuntary bondage. It would not have answered for them to have made even this attempt oT enslaving the Africans, without the specious pretext that their purpose was the conversion of these heathen. The bulls however expressly granted the right of robbery and murder thus : — '■'•to appropriate the kingdoms, goods, and possessions of all infidels or heathen in Africa, or whereso- ever found," to reduce their persons to perpetual slavery, or to destroy them from the earth," — " to take any of the Guiiieans, or other negroes, by force or by barter."! Thus modern negro slavery had its origin in the bulls of five Roman popes, in the most corrupt age of the church. Such, then, gentlemen, is the origin of your beautiful, your * The following are the dates of these bulls, 1430, 1438, 1454, 1458, 1484. Vid. Colonize AnglicaijB Illustratse. By Wm. Bollan, Lond. 1762. Part I, pp. 115—141. t Ibid. PRO-SLAVERY MEN. 48 virtuous, your " peculiar institution " at the South. How charmingly you and the popes have met together, and I shall soon show how you and the Tories kiss each other. It is a notorious fact that the popes generally, from a very early period, had been on the side of slavery. Leo IX., in 1051, condemned the mistresses of the priests to a state of absolute slavery.^ So Gregory XL, in his bull against the Florentines in 13T(), declared their property to be at the mercy of any who wished to rob them, and exhorted the world to seize their person wherever found, and reduce them to absolute slavery.! Between the bull of Calixtus III., in 1458, and that of Sextus IV., in 1484, granting the right to enslave the Africans, a bull was issued by Pius IL, in 1462 in which this pope remonstrated against the Portuguese enslaving the Christians. But not one word does he utter asrainst enslaving the poor heathen in Africa. The first pope who took any direct steps to suppress African slavery in the Bomish church, was Gregory XVI., in 1839. And though he quotes the precedence of other popes, yet I find none of them he refers to, issued any bull against African slavery. He refers to Pius VIL, as oppo- sing the slave trade, but it was not the African slave trade. He refers to Paul III. But Paul III. only condemned the slavery of the Indians. Though it is due to say that some declare he imprecated a curse on those who should enslave any class of men.X So Urban VIIL, in 1639, is referred to.*^ But his bull was only against enslaving the western and southern Indians. Likewise Benedict XIV. is cited. II But his bull was intended for the suppression of Indian slavery in Brazil, Paragua, &c. All these popes denounce the slavery of the poor Amer- ican Indians in no measured terms. Why ? Slavery was complained of by the Jesuits as a monstrous barrier to the * Bower, vol. 1, p. 183. Also Herman, ad an, 1051. t Ibid., vol. 7, p. 23. } Vid. Remusal. Hist, de Chippa fl. 3, c. 16. \ Bullarura. Pan. Diplo. Rom. Col. Tom. VI. P. I. and 11., p. 183, DCIV. 11 Sanct. Dom. Nos. Ben. Pap. 14, Bull. Tom. 1, p. 44, XXXVII. 44 LETTERS TO conversion of tlie Indians to the church. It was found that if the church allowed the Indians to be enslaved by those of her own communion, the Indians would despise the church, and close their ears to her teacher-. There- fore the popes issued their bulls against their being made slaves. But not one specific bull was aimed at African slavery until that of Gregory XVI., in 1839. True, Ban- croft says, " Leo X. declared that not only the Christian religion, but nature herself cried out against the state of slavery."^ But why did not this pope with others exert the same efficient power in the suppression of African as of Indian slavery ? Why was the church allowed to buy and sell Africans, while it was not allowed to buy and sell Christians and Indians ? Why should five popes say to the barbarous Portuguese, " You, gentlemen princes of the church, may make war upon the unofi'endiug Africans; you may appropriate their kingdoms^ goods, and possessions ; you may reduce their persons to perpetual slavery, or destroy them from the earth ; you may take any of the Guineans or other negroes by force or by barter ?" Was it not because the church had become corrupt ? Was it not that popes had become presumptuous despots, assuming to dispose of rights that belonged solely to Almighty God? Such, sir, is the origin of negro slavery. The bulls of five pontifical desi3ots, assuming to annihilate eternal justice, and to break the moral bonds which bind the human race together in one brotherhood. This is the origin of your darling institution of negro slavery, — five bulls of five popes. Such is the basis — the primary foundation of your peculiar institution, you can find no authority beyond those bulls. You go to the bible, it is true, but not to support n£gro slavery. That knows no difference between the Ethe- opian and the Caucasian. If it sanctions any slavery, it sanctions the slavery of the white, — of native white Amer- icans, as much as the native black Americans. It is solely the authority of five despotic, corrupt popes, in the worst age of the church, that furnishes you specific rights to en- slave the children of Africa. It is authority granted in an age when the church had become a mass of corruption * Bancroft's Hist. U. S., vol. 1, p. 172. PRO-SLAVERY MTN. 45 you must rely upon that for the support of your southern in- stitution. Abandon that and you have no other, but the second hand authority of the tory despotism of the Stuarts. Abandon that and you have no alternative but to confess yourselves, original tyrants, though humble imitators of in- famous popes and impious tories. But you cannot escape the odium that comes by the knowledge of the fact, that, negro slavery has no other spec- ific sanction but the bulls of five wicked popes, and the Stuart despots. Besides, sirs, reflect, that the same corruptions of the Romish church that allowed and sanctioned the slavery of the Africans, sanctioned other crimes, and that these forced the Protestant reformation. Reflect, that in justifying African slavery you are obliged to make use of popish so- phistries, against protestant principles. Protestantism is, legitimately, the declaration of human rights against popish despotism. Popish despotism established negro slavery. Protestantism, in denying the despotism of the popes de- nounces negro slavery. No man then, is a legitimate pro- testant who lends his sanction to this infomous system. When the reformation broke out, the protestants renounc- ing the rights of popish despotism, openly and boldly as- serted, what good men of the church had always asserted — the rights of human nature, and they denounced slavery. The same vicious power which had set up the institution of negro slavery had developed itself in those other forms of dis- gusting oppression which necessitated a revolution. Hence negro slavery in America is one of those putrescent remains of popish assumption which drove, with disgTist, the best men of the church to hurl their protests at the Vatican. The reformers, planting themselves upon the unchange- able law of right, denounced the injustice of oppression in words that shook the eternal city, and every despot's throne in Europe. The popes justified the tyrannical ordinances of the civil power. But Luther declared that " unjust vio- lence is by no means the ordinance of God, and therefore could bind no one in conscience and right to obey, whether the command came from pope, emperor, king or master."^ *Selden, com. 1. 18. 46 LETTERS TO So was slavery denounced by Zumglius, the bold Switz. He considered that St. Paul oj^posed slavery in saying, — " but if thou mayest be free, use it rather."^ This noble Switz had a singular idea of the divine purpose of slavery. He looked upon it as the worst of punishments infiicted upon those who were so sinful as to allow themselves to he oppress- ed.i Sir Kobert Filmer, the arch tory, in the reign of Charles I. says, " Calvin squintecV'X so strongly towards the doctrine of the absolute equality of all men as to be one of the heretical founders of Genevan Republicanism. Bishop Jewell represents Luther and Melancthon as teach- ing the natural and equal rights of mankind, and the right to defend ones self by all righteous means against oppres- sion, as did David against Saul ; — that is " by avoiding the power of the tyrant,"^ and St, Augustine was quoted to the same purpose.ll Thus Protestantism would help the slave to regain his liberty by encouraging him to fly from his ty- rant. It can offer no aid to the oppressor. According to Selden (if I mistake not) Luther at one time was impressed that the gospel was opposed to civil government, as the latter appeared to be the enemy of hu- man rights and equal justice, and to be in a constant " struggle against doing justice to the subjects," and seemed " to labor wholly to amass power for enslaving mankind." Many other good men have been forced to the same con- clusion, from the same circumstances. Luther lived to cor- rect his mistake. He saw that tyranny is not government, but the assumption of the powers of it without its spirit — equal justice. He saw, as every good and wise man will, that legitimate government, is ordained of God for the sole purpose of protecting the absolute and common rights of mankind, and that whatever sets itself u|) in the name of civil government under whatever form, without this one grand purpose, is not a legitimate outberth from the deity *See Judgment of Whole Kingdoms and Nations, by John Lord So mors, PhiL ed. p. 134. fOpu^ Articulorum Art. 40 42. tSee Filmer's '• Patriarcha," 16S5, p. 5. ^See Jewell's " Defence of the Apology," p. 16. 1 August, in Ps. 124. PrvO-SLATERY MEN. 47 through the people, but the bastard of Satan begotten up- on fear. The crime of enslaving the Africans was pursued bj the Portugues in their African dominions for about three quar- ters of a century before they commenced the importation of slaves to America to supply the Spaniards in Hispaniola. This infamous work commenced in 1508.=^ The soul of Charles V. revolted at the idea of reducing the " image of God" to the condition of a brute, and in 1540, under a no- ble incitement, ordered all the slaves in the American Isles to he set free. Lagasea the governor, obeyed, but soon re- turned to Spain with such a tale for the Emperor as in- duced him to consent to the re-establishment of this crime.! Gold is an argument which princes seldom oppose long. The French king shed some tears when some of his unprin- cipled aristocracy joined the Spaniards and Portugues in the barter of human flesh. He had the principle of man in him and it revolted at the thought of such a crime, but he gave way to other influences. , And here let me link two parts of the French chain in the matter of slavery, and show you at the same time the primal law of society in its warflire against this crime of crimes. I have shown that the principle that " all men are bornfree,''^ was that by which slavery in France was abolished. Now, it so happened that at the time negro slavery was introduced and established in the French colo- nies, contrary to the primary law of the French nation, she had quite sunk into a state of despotism. The kings had abandoned justice as the rule of civil power. They issued edicts permitting and sanctioning the trade in human flesh. They laid down their regulations with regard to this " property in man. "I This was at the moment when the infamous house of Stuart was crushing the liberties of England, and laboring to re-establish slavery through the British dominions. Contrary to the fundamental law of France, her kings, instigated by their corrupt lords, granted *Ander. Hist, comra. 6, p. 336. fBodin de repub. 1. 1, c. 5. X Two edicts to this effect in 1615, 16S5. Vid. Decis. Nouv. par. M. Denisart, Tit. Xegroes. 48 LETTERS TO permission for the introduction of slavery into France from her American islands.^ The parliament of Paris had not lost all sense of right and propriety. It had the soul to make some resistance to this despotism, but not by very open measures. " They did consider," says Denisart, " that the edicts of the king for the introduction of slavery," " was opposed to the com- man law of the kingdom^'^ and therefore they ^^ refused to allow the edicts to be recorded.''^] Thus was it declared by the parliament of Paris, some four hundred years after Louis X. proclaimed that " all men are by nature born free," and therefore that slavery is unlawful — that involuntary bondage " was opposed to the common law of the kingdom." In spite of this, how- ever, the base and infamous men of the nation were deter- mined, under the sanction of the king's edicts, to bring in negro slavery. The friends of justice were, on the other hand, too vigilant and determined to allow it. Every case of a slave they could find, was brought to trial, and the judges decided in favor of the common law of society, the universal right to personal freedom! Tlius you see once more, sirs, that the personal right of every man to free- dom is the fundamental law of society — that slavery is opposed to the common law, and has been pronounced to be so by the highest authorities. I have already shown that the same law acted in England to the overthrow of slavery. The last cases of slavery were decided in the reign of Elizabeth^ and James I. II There were men who were now determined in England to set up the new slavery at all hazards. In order to eifect this, they found it necessary to overthrow the constitution, and to make a clean sweep of the fundamental principles of society. It had been attempted in the reign of Elizabeth to introduce slaves from Russia. H A lucky circumstance * This edict in 1716, another in 1778. Ibid, § 27. t See ]\I. Denisart, as aheady cited. X See Causes Celebres, Vol. 13, p. 492. Also Nouvelles Decis., par M. Denisart, Neg. § See Sir Thomas Smith's Commonwealth, B. 2, c. 10. Dyre, 266, pi. 11.— 283, pi. 32. II Co Entr. 406, 6. Hughes' Abridgment, tit. Villen. pi. 23. i[ Rushworth's Hist. Coll., vol. 2, p. 468. PRO-SLAVERY MEN. 49 brought the case to light in a manner which gave triumph to freedom. A change, however, was coming over the English nation. The friends of tyranny at court sanctioned the introduction of slavery into the colonies; and under Charles I., a system of tyranny was developing itself for the absolute slavery ol the nation. The people were roused, and Charles lost his head for his despotism. This was but a momentary triumph. The means used by the Protector for preserving what had been gained, introduced another form of despotism. The friends of absolute slavery took advantage of it for regain- ing their lost power. They restored Charles II. to the throne, secured themselves in places of the government, and trampling upon the fundamental law of the realm, decided in the court of the king's bench in favor of negro slavery, the right of holding property in man.^ The infa- mous Jeffries was the leading spirit of this tory court. Hence this court of king's bench decided, " that negroes, being usually bought and sold amongst merchants, and being infidels,! there might be a property in them sufiicient to maintain the action, and judgment, nisi, was given in faVor of holdino: negro slaves in Eno-land. Thus under the worst despotism England ever knew, the same brutal power that set at defiance the rights of the English people, that trampled upon the liberties and laws of the nation, that murdered in cool blood the friends of freedom, was the first that attempted to legalize the new slavery in the British Kingdom, the first of the English nation to side with the popes in the sanction of the trade in human flesh. The English party of despotism received the name of tory, while that of France was called jacobin. Both were in secret league with the pope, and controled by the worst characters among the Jesuits. On the settlement of the southern colonies this school had the ascendency in Eng- land, except during the control of Parliament and the pro- * 2 Lev. 201, and 3 Keb. 785. Vide Hill. 29 Cha. II. B. E. Rot. 1116. This was an action of trover for 10 negroes. t This like the same in bulls of the popes was to hoodwink Christian people. 5 50 LETTEES TO tectorsliip of Cromwell, at which time great numbers of the tories came to America, and settled in \' irginia. Hence I find on comparing the present doctrines of your school with those held by the tories of that period respecting gov- ernment, the rights of man and slavery, that you occupy their ground. In the next letter I shall make this matter a little plainer. PRO-SLAVERY MEN. 51 LETTER YI. How terrible has been the contest between principle and lust in all ages of the world ! Yicious men, reckless of the laws of God, supremely devoted to their own passions, have rapaciously seized upon the rights of mankind, and plundered society of its unity and peace. To preserve any part of its existence, the civil organism has been forced to a bloody warfare, which has always ended in the death of the old form. Strange that, in the nineteenth century, when every man has the history of the world before his eyes, and a thou- sand travelers in the orient tell the same melancholy tale of the ruins of ancient nations, destroyed by despotism, and whose desolations forewarn America of the deadly effects of slavery — strange, in view of this, that there should be a party in this new world so corrupt, so base, as to plunge the people into that terrible contest so often and so fatally repeated in the old world ! Upon whom rests the fearful respsibility of the war upon which America has now entered ? Who is the aggressor ? Society is bound to preserve itself It can exist only by virtue of the " Higher Law." That law you scorn and trample upon. You make war upon legitimate government, dethrone justice uproot the fundamental prin- ciples of sociy, and overthrow the defences and super- structures of freedom. Why this onslaught? What is your purpose ? Is it not that you may enslave the nation ? Is it not that you may preserve an accursed system of bon- dage in which you already pride yourselves as masters ? Is it not that you may extend to infinity the despotic power you already find yourseves in possession of? I have shown the pro-slavery school of every age to have been at wdr with society, and I have shown so far. 52 LETTERS TO the filial results of their triumph. It has been seen that whenever and wherever your principles have prevailed, civilization has been destroyed, and anarchy, corruption, civil war and barbarism have followed. Liberty, sirs, is the sister of virtue, the banishment of the one is the loss of the other. It is self-evident that justice is the basis of all legitimate governments, whatever be their form. This is recognized even in the government of the Hindoos. " When justice," says the laws of Manu,^ " having been wounded by iniquity, approaches the court and the judges extract not the dart, they shall be wounded by it." " When justice is destroyed by iniquity, and truth by false evidence, the judges who basely look on without giving redress, shall also be destroyed." " Justice being destroyed will destroy ; being preserved will preserve. Beware, judge ! lest justice being overturned, overturn hath us and thyself." " A king who inflicts punishment on such as deserve it not, and inflicts no punishment on such as deserve it, brings infamy on himself, while he lives, and shall sink when he dies, to a region of torment." According to the fundamental law of the Hindoo people, slavery could have no legal existence among them. The learned commentator on the voyage of Nearchus, has con- cluded, that among the East Indians there was no slavery properly so called, though the people were divided into castes.t Alexander, the Great Robber, was the first to institute slavery in India. He condemned whole commu- nities of people to perpetual bondage. t All noted writers on China agree that slavery had no existence among that people till a modern date, and that it is even now mostly of a voluntary character ; involuntary servitude being a violation of the fundamental law of the empire. The primal law of India declared that " what is given hy force ^ and all other things done by force, or against free consent, is pronounced void.^^§ This was an eternal prohi- * Sir William Jones' Works, vol. 3, p. 299. Inst. Hindoo Law. t See Mitford's Greece, vol. 8, p. 426. I Ibid. § Sir William Jones' Works, vol. 3. Inst. Hindoo Law, § 168. PRO-SLAVERY MEN. 53 bition of involuntary bondage. This law is of very ancient origin. The nearer we approach the primitive period of a nation, the less evidence do we find of slavery. Tradition in the age of Herodotus preserved the memory of a time when slavery was unknown in Greece.^^ Sparta broke loose from law, and as a baud of rol)bers enslaved the Helots; and Pliny says of them, "they were the first to invent slavery in Greece.! The universally acknowledged right of self-defence, is a universal acknowledmient of the unrighteousness of sla- very. St. Germain said, " Every man hath right and title to have what he hath righteously, and of the right-wise judgment of the first reason ivhich is the eternal law"t Against this law, prescription, statutes and customs may not prevail, and if any be brought in against it, they be not prescriptions, statutes nor customs, but things void and against justice. And all other laws, as well the laws of God in regard to the acts of men, as others, be grounded thereupon."^ So St. Augustine said, " In temporal laws nothing is righteous nor lawful, but that the people have derived to themselves out of the Law Eter)ial.''\\ But the pro-slavery school in every age of the world have been at war with this " Law Eternal." You, sirs, have set up this infimous claim in America — that you have a right to establish a legislation in defiance of justice, at war with human rights, destructive of liberty, and over- whelming the nation with beastly servitude. You claim the right to drag America from freedom, justice and broth- erhood into slaver}^, anarchy, and civil strife ; from civili- zation and Christianity into barbarism and the blackest heathenism. " Every good law," says St. Bridget,ir " is ordained to the health of the soul, and to the fulfilling of the laws of God." But you would curse the land with despotism, and slavery in the name of law. You would * Herodot. lib. 6, p. 137. t Nat. Hist. lib. 7, c. 57. i Doct. et Stud. D. 1, c. § Ibid. II Free Arbit. 1. 1. ^ Lib. 4, c. 129. 5=* 54 LETTERS TO set up Satau as the god of America, and enact vice into virtue, and establish iniquity by statute. " Every man's law," says Canerer,^^ " must be consonant to the law of God. And therefore neither the laws of princes, the com- mands of prelates, the statutes of commonalities, nor the ordinances of the church, can be righteous or obligatory, unless they be consonant to the law of God." Had the pro-slavery school in England prevailed as the same school prevailed in Greece and Rome, that nation would long before this have been plunged into loathsome barbarism. The law of nature by which all men are born free, was not only recognized in the common law of the English realm, but it ever had a strong party to sustain it ; men who were ready to die in its defence. How many martyrs sacrificed their lives to sustain it ? " This law of nature,''^ said the highest judges of England, " is a part of the law of England."! And " whatever is necessary and profitable for the preservation of the society of man is due by the law of naturey% In the fifth year of the reign of Edward YL, of England, an attempt was made by the corrupt aristocracy, to create slavery by legislation. Parliament went so far in this path of infamy, as to pass an act enslaving vagabonds for a term of years,§ and as a penalty for acts of violence in resisting, or in revenge, the miserable creatures were to be reduced to perpetual slavery, or murdered. II This barbar- ous enactment created a powerful excitement throughout the whole kingdom. It was a violation of the natural law of the realm. It trampled upon the common law of society. Nor would the people allow its execution. The judges knew they could not sustain its execution. Not an impar- tial jury could be found that would not pronounce against it. Nor would the people allow it to remain on the statute book. Two years after its enactment, the king prorogued parliament, and they, acting under the special instructions * As quoted by St. Geiinain. Vid. Doct. et Stud. D. 1, c. 4. t See Coke's 7 Eep. p. 12. J Ibid., p. 13. § Vid. Statutes at Lame. vol. 9. Ap. p. 143-4. 11 Ibid. PRO-SLAYERY MEN. 55 of their constiiuents, declared that " the act concerning idle persons and vagabonds, in certain cases, to be made slaves of, &c., shall be from henceforth utterly re- pealed, made frustrate, void, and of none etFect.""^ It was thus that the English people beat back the attempts of the bloated aristocracy to re-establish domestic slavery among them. They would not have even vagabonds made slaves of. " It could not have been compassion for the culprits that excited this aversion to the law," said Hon. Wm. Pinkney in the House of Delegates of Mary- land, in 1789, alluding to this odious enactment, in his masterly speech against southern slavery. " The spirit of the people," he adds, "could not brook the idea of bondage, even as a penalty judicially inflicted. They dreaded its consequences ; they abhored its example ; in a word, they reverenced public liberty, and hence detested every species of slavery." "The general voice of the nation demanded the repeal of this slave statute of Edward YI."t and it was repealed. England always had two opposite political schools, the one pro-slavery ; the other, the " Higher Law," or liberty school. The former opposed the charter of rights, and embraced every opportunity to trample it in the dust. They consisted of the most corrupt and unprinci]. ad, proud and overbearing men of the nation. This party gained the con- trol under the bloody Stuarts. They were determined, as already shown, to establish slavery. Under Charles IL, they had gained a decision from the judges on the king's bench, in favor of chattel slavery. They advocated the d(^spotism of the king. Speaking of them, John Locke said : " In this last age, a generation of men has sprung up amongst us, that would flatter princes with an opinion that they have a divine right to absolute power. To make way for this doctrine, they have denied mankind a right to natu- ral freedom, whereby they have as much as in them lies, * Ibid,, p. 155. t See the speech of Hon. William Pinknej, in the ^Maryland House of Delegates, in its session in November,' 1789. In this speech the spirit of whig fathers against slavery is seen. 56 LETTERS TO exposed all subjects to the utmost misery of tyranny and opj^ression.""^ These men were at first called Cavaliers, and then re- ceived the name of Tories — an appellation by which a band of robbers in Ireland vrere known at that time. It was applied to the cavaliers, as they advocated pro-slavery doc- trine — the right of their party to rob and enslave their fellow-men. Our good whig fathers gave the same dis- tinguishing title to the pro-slavery school during the Kevo- lution. The English tories published several works in support of their pro-slavery principles ; to which you seem to be largely indebted, sirs, for your political doctrines. The most notorious of these works were those of Sir Robert Filmer — such as his " Anarchy of a Limited and Mixed Monarchy," and his " Petriarcha." The latter was for some time circulated in manuscript, and was carefully ex- cluded from the eyes of the opposite party on account of the execrable character of its doctrines. It was finally discovered by one of the noblest among the friends of free- dom — Algenon Sidney,! who immediately set himself to work to expose its infamous libels upon human nature. For this labor the noble Sidney was condemned by the same judges who sanctioned the trade in Africans, and was cruelly murdered upon the block. | This tory " Patriarcha " of Filmer, commences by denying the grand principle I have all along shown to have been recognized in every nation and in every age of European history, as the fundamental law of legitimate society and government, namely ; that " all men are by nature free born," and " have an inalienable right to their inheritance." " Since the time that school divinity began to flourish," says rilmer,*^' " there hath been a common opinion maintained as well b}' divines, as by divers other learned men, which affirms that mankind are naturally en- * Locke's Works, vol. 5, p, 214. t See the Life of Sidney, and his Works. X Trial of Sidney. See his Life. § See " Patriarcha," or the Natural Power of Kings, by Sir Robert Filmer, Bart. 2d, Lond. 1685, c. 1. PRO-SLAVERT MEN. 57 dowed and born with freedom from all subjection, and at liberty to choose what form of government they please, and that the power which any one man hath over another was at first bestowed according to the discretion of the multi- tude," and that " the people have power to punish, or de- prive the prince of all regal power if he transgress the laws of the kingdom." The latter principle had been sworn to by all the kino's of England, down to the reign of the Stuarts.^ The Enc- lish constitution embraced it.t It regarded every man as having the absolute rights of man. It was the basis of English association. Its grand aim was '• the protection of every individual in the enjoyment of those absolute rights which were vested in them by the immutable laws of na- ture."! The pro-slavery, or tory school, found this natural sys- tem in their way. They could not establish despotism by these fundamental principles. Xor had they any hopes of establishing a system of slavery that would remain perma- nent, so long as the minds of the people were possessed of the idea that all men were inheritors of equal rights and liberties, and that no one portion were born to rule over the rest. It was necessary, therefore, to strike down this principle of natural liberty and equality. Hence says the arch-tory, Filmer, " The desperate assertion whereby kings are made subject to censures and deprivations of their subjects, follows as a necessary consequence of that former position, of the supposed natural equality and. free- dom of mankind^ and liberty to choose what form of gov- ernment it please. § Many writers before him " had," he said, " bravely vin- dicated the rights of kings in most points," but none had gone so far as to make war upon the fundamental laws of society in order to maintain their position. "All of them," says Filmer, " when they came to the argument drawn * •• Statute? of the Realm " of England, vol. 1, p. 16S. Kelhara Prel. Dis. Laws Wm. Con£;.— Hale's Hist. C. Law.— Crab's Hist. Eng. Law. — Ecliard's Hist, of England. 20 Edwd. 3d. t See Blackstone's Commentaries on the Eng. Constitution, b. 1, c. 1. 1 Ibid. ^ Filmer's Patriarcha, ch. 1, § 5. 58 LETTERS TO from the natural liberty and equality of viajikind, with one consent admitted it for a truth unquestionable^ not so much as once denybirj or opjjosing it ; whereas," said he, " if THEY HAD BUT CONFUTED THIS FIRST ERRONEOUS PRINCIPLE, the luhole fabric of this vast engine of popular sedition would have dropped down of itself .''■^ In what manner did the arch-tory now attempt to " con- fute" this first principle of society ? Why, he first calls it " erroneous," and then asserts that it sprang from the Devil in the Garden of Eden, when he tempted ouf first parents. Then he asserts that God made the mass of mankind slaves, and ordained the cavaliers or tories to be their masters, and the king the supreme, absolute master. This is the sum of his argument to overthrow the eternal law of equal right. Still he displays a great deal of tact and ap- parent learning. He, like all tyrants and abettors of legal robbery, makes great use of the " Sacred Book,''^ and would make appear that God took immense pains to write the Bi- ble, on purpose to sanction the despotism of kings and slavemasters. This work of Filmer contains all the arguments which are now advanced by your school in support of the RIGHTS (?) of slavemasters. Nor is it possible to support slavery without denying those fundamental principles of government which the tories denied, and without asserting the same doctrines of despotism which they asserted. The same positions which sustain the assumed rights of the slavemaster, sustain the assumed rights of tory lords, and tyrant kings, and corrupt popes. Nor did these tories fail to receive the aid of doctors of divinity in promulgating their new political creed. There was Dr. Laud, who answers to your Dr. Lord. And then there was Dr. Sibthorp, who sits well beside your Dr. South - side-view. And then there was Dr. Manwarring, who is an- swered by Dr. Man-stealer. Dr. Man-war-ing, by the way, was a notorious character under Charles I. He had the honor of preaching before the king, and of supporting this ty- rant by libeling human nature. His sermons were published. * Filmer's Patriarclia, ch. 1, § 6. PRO-SLAVERY MEN. 59 wlierein lie declared " that tlie king is not bound to ob- serve the laws of the realm concerning the suhjecfs rights and liberties^ but that his royal will and command, in imposing loans and taxes, without common consent in Parliament, obliged the subject's conscience, upon pain of eternal dam- nation ;" that " they rebelled against the laws of God, if they refused to comply, and were guilty of impiety, disloy- alty and rebellion."^ The Doctor, in taking this position, was not cunning ; he was really committing treason against the constitution and government of the realm, and exposed himself to the penalty of the law. The Commons, there- fore, called him to account under the charge of attempting to overthrow the government, by asserting the right of the king to enslave the people and rob them of their property. On his being proved guilty, the Commons published a de- claration against him, in which they re-assert the inherent rights and liberties of the subjects of the realm, as an estab- lished law of the kingdom, which no king had right to over- throw.! The foolish Doctor, for attempting to subvert this fundamental law, was sentenced to the fine of a thousand pounds, imprisonment, suspension and disgrace as a doctor of divinity and as a preacher of Christ, and to the burning of his sermons by the common hangman. This was a very mild penalty. It was sufficient, however, to bring the un- fortunate man to his senses. He confessed his crimet be- fore Parliament, and was finally pardoned. The tories, in pushing forward their purposes of enslav- ing the people, roused the latter to take up arms in self- defence. The nation was plunged into a civil war. The king and his party were defeated. The former lost his head, and great numbers of the latter emigrated to Ameri- ca, and settled in Yirejinia. These tories brought with them to A^irginia all their love of monarchy, of Filmerism, of mastership. They despised labor, looked with contempt upon the laborer, and, what was a very natural result, they sought to make others their slaves, in order to find support. * See Rushworth's Hist. CoU., vol. 1, p. 423. t Ibid, p. 593. X Ibid, p. 605. ^Ibid, p. 636. 60 LETTERS TO Men of the same school had already set up slavery in the colony under the flivorable regards of the Stuart despotism, notwithstandino; it was in violation of the laws of the moth- er country, and a palpable breach of the law of nature — the rights of man. The South, from the beginning, represented toryism, be- ing settled by tories, and ruled by tories at " home" and in the colonies. Hence the doctrines now held by the rul- ing men of the Southern States are identical with those ad- vocated by Filmer, the arch-tory, and the real founder of the tory school. You are thus forced, like the worst school of English tories, to wage war upon the legitimate principles of soci- ety and government. You, as they, pretend that a " com- pact" — a bargain — is binding, which requires as a condi- tion the rebellion of the people against Eternal Justice. You pretend that you have derived power by a compact to make slaves, not only of Africans, but of the whole people of the United States. Did the tories of England, in the worst days of tyranny, ever pretend to a more dangerous power over that nation? As your doctrine with regard to the rio;ht of .enslaving men is the same with that put forth by your progenitors in England, I shall, in the next letter, answer you with the arguments of the old English whigs. PRO-SLAVEKY MEN. 61 LETTEE YII, I KNOW not by what principle the legislative power of one nation has better right to enact injustice than that of another. The fundamental law of all nations forbids such claim. Our fathers in the revolution denied it to parlia- ment. Are we not bound to deny it to Congress ? It was always affirmed that parliament had no right to make slaves by enactment, or to sanction slavery. Can you tell from what god or demigod Congress has derived such authority? " If there be such a power in the decrees and commands of fools," said Cicero, " that the nature of things is changed by their votes, why do they not decree that what is bad and pernicious shall be regarded as good and wholesome ? Or why, if law can make wrong right, can it not make bad good ?"^ " Those who have made pernicious and unjust decrees, have made any thing rather than laws."t The slaveholders of Rome opposed this primal principle of all nations. They labored to legalize slavery. The tories of England, under the Stuarts, exerted themselves to the same infamous purpose. They contended it was in the power of government to enforce oppressive measures. Milton met and overthrew their execrable assumptions. He exhibited the fundamental law of the nation ; showed that it had been sacredly held even by the early Saxons. " Our ancestors," said he, "have conveyed this doctrine down to posterity, as the foundatmi of all laws, which like- wise our lawyers [not the pettifoggers] admit, that if any law, or custom, be contrary to the law of God, of nature, or of reason, it ought to be looked upon as null and void."t * De Leg. 1, 17. f Ibid. X Miltons Prose Work?, vol. 3, p. 307. " Bracton and FIe4-a," says Milton, " both refer to this tnily royal law of King Edward" the Con- fissor. 6 62 LETTERS TO This " law of laws " — this " Higher Law," it is impos- sible to abolish. It is coeval with society and government. You can rebel against, and you can subvert government by doing so. In this war upon society and the rights of man, you take sides with all the tyrants of antiquity — you iden- tify yourselves with the jacobins, the tories, under the Stuarts, and under George III. How can government be founded in justice, and yet have the right to enact measures against justice ? This is like asking how a man can be a Christian, and have the right to overthrow Christianity. Has the Almighty given a title to Congress to enact injustice, when He has denied it to the parliament of England, " What the parliament doth shaU be holden for nought, whenever it shall enact that which is contrary to the rights of 7iatureJ'^ That, sirs, is what Lord Coke acknowledges to be the fundamental law of government — the constitutional principle — the safe- guard against injustice — tyrinny, slavery. But your school would hiss it into contempt. You sneer at it — you call it " Babel-building. "t Does not every well-informed lawyer know, that " there is no necessity to obey, where there is no authority to or- dain."! There is no power in Congress to ordain unjust measures under any pretext. Law, to be law, must be just. Injustice is opposed to law, destructive of law, and " whatever is destructive of law, cannot itself be law, for then the law would be sole de se.""^ " The legislative power is limited by, and subordinated to, the law of natural jus- tice. If it exceed its limits its acts are no more, as to right and authority, than if the same were by a private society against the will of the whole community ; as to honor and good faith, it is much worse. "II " Against the law of reason, neither prescription nor statute, nor custom. * See Proeme to 2(i Inst. Also, Sharp's People's Eiglits, p. 236. Also, Leg. Riv. Vin. G2. t This is the language of that sage man, Mr. Wise, of Virginia, in his letter to Dr. Adams, of Boston, and the Dr. in his " South side view," favors it. X Dav. 69, and 10 Co. 76. § Judge Atkins, 221. y Lord Abingdon's Thoughts. See also Loft's Elements of Universal Law, 173. TRO-SLAYERY MEN. 63 can prevail ; if any such are hroiight against it, they are not prescriptions^ statutes, or customs, but things void and against justice J^^ These, sirs, are not tlie declarations of wild and ignorant enthusiasts, but of profound and learned civilians — men who had made law and government the diligent study of life. They are the declarations of government itself, the decision of judges. The old whigs, both of England and America, at the period of the American Revolution, opposed the tones with the like authorities against the usurpations of parlia- ment. The Massachusetts General Assembly, in the year 1764, in their petition to the king, took this position against the oppressive acts of parliament, and sustained it with numerous citations of authority.! Thus Judge Hobart had decided that " An act of parliament made against natural equity, would be void; for jure nature sunt immu- tabilia,"! — the law of nature is immutable. This was pro- nouncing the Law of Nature, to be the fundamental law of the land, against which no statutes could be allowed. The petition of our whig fathers gives an overwhelming amount of other authorities to the same purpose, and instances where this primal law had been formally recognized by parliament.^ And Otis himself in his masterly work multiplied other authorities in abundance, and gave cases wherein " the common law controled the acts of parliament, and some- times adjudged them to be utterly void. "II Thus when an act of parliament is against common right and reason, or repugnant or impossible to be performed, the common law shall control it and adjudge it to be void."*I[ " This doc- trine,''' says the Massachusetts Memorial to the king, " is * Doct. et Stud, edition, 1668, p. 6. See also Cod. Lit. 96. t See Appendix to Otis' rights of the British Col. ± Hob. 87. § Tren. 12. Jac. Day, v. Savage, S. C. and P. cited Arg. 10, Mod. 115; Hill. 11; Ann C. B. Halt. c. 9, 12; Mod. 687, 688: Hill. 13, W. 3, B. R. in c. of cit. Lond. v. Wood. II See Rights of the British Colonists, p. 73. i[ And tiierefore 8 E. 3, 30. T. Tregor's case, W. 2, cap. 28, and Art. Sup. Chart. 9, Sec. 8 Kep. 118, Hill. 7, Dr. Bonhain's case. 64 LETTERS TO agreeable to the Law of Nature and Natio?is, and to the divine dictates of Natural and Revealed Religion.''''^ This is what jou impiously call " Babel-building," as if government is not bound by the eternal law of right. George III. sneered at it, and his tory ministry, and the tories in parliament, but every whig knew that the -' Higher Law" was none the less binding for all that. Nor did they flinch when the hour came to maintain it with more than mere words. Now, sirs, it is a principle universally acknowledged among all authoritative writers on law, that slaver^t is con- trary to natural law, and cannot by any possible form of legislation be legalized. It is certain that if " by the law of nature all men are born free," which even the civil as well as the common law maintains, you may not attempt to legislate in favor of slavery without committing treason against government. Montesquieu, than whom there never was one better ac- quainted with the laws of all nations, after showing that slavery is opposed to the law of nature, says, ' ' Nor is sla- very less opposite to the civil law than to that of nature."! Why ? Because, sirs, the civil law of all nations assumes that justice alone is the basis of law. And therefore that whatever is unjust is unlawful, and, because civil law to bind ail, must be be assented to by all. All men are pre- sumed to assent to be governed by justice, but no man can be presumed to assent to be governed by injustice. Hence the civil law has no power to bind a slave. " What civil law," asks Montesquieu, " can restrain a slave from running away, since he is not a member of society."1^ As " every man is born with a right to freedom to his person, which no other man has a power over,"'^ and as " the principal aim of society is to protect individuals in the enjoyment of those absolute rights, which are vested in them by the immutable laws of nature,"ll it is impossi- ble for any civil society to attempt to protect a few men * See Appendix, as before, p. 73. t Spirit of Laws, b. 15, c. 2. X Ibid. § See Locke on Civil Government, b. 2, c. 16, § 190. Jl Blackstone's Com. b. 1, c. 1. FRO-SLAVERY MEN. 65 in robbing others of the enjoyment of their absolute rio-ht of freedom, without abrogating its own authority, and committing suicide. To attempt it would be assuming "absolute arbitrary power," and "absolute arbitrary power cannot consist with the ends of society and gOTernmeut."^ These are established principles never denied in any civil society, but by robbers, assassins, and the general enemies of society, that "justice must be denied to no man ;"'t that "justice must be done to e}:erij man," and " neither denied, nor dela3'ed, not sold to any man;"l that "it is better to endure all adversities than to assent to one evil measure ;'"^ that though " property is valuable to a man, it doth not constitute the value of a man;"il that "a bad custom or usaoje is to be abolished.''^ It is true, the Algerines were governed by no such prin- ciples as these, but every one knows that Algiers was not a civil state, but a band of robbers. They opposed the legi- timate principles of civil society, for the same reason you oppose them, and for no other. Men who do not live by robbery, are not afraid of justice; they have no cause for that. The tories under the Stuarts opposed these princi- ples, but every one knows for what reason : they were the friends of kingship, lordship, mastership, tyranny, sla- very robbery. They sought to overthrow the fundamental principles of the civil state, and to build up an absolute despotism ; they made it their chief aim to restore the old feudal slavery. That was what caused the civil war, under Charles I. When they had secured the control under James II., how clearly was it seen that they had doom-d the nation to the most dissjraceful and insufferable bondage. But your principles are identical with theirs. True, you advocate the divine rights of no single tyrant; you do worse than that, you labor to sustain the tyranny of fifty thousand tyrants. You do not, it is true, endeavor to impose upon us a living despot, under the title of king, but * Locke as above, ch. 11, § 137. t Jeiik. Cent. 176. Priii. Leg. ct. Jlquit. 47. i .Jeiik. Cent. 93. § 3d Inst. 23. II Cod. Lit. 124. il Leg. Ri. Viu. 32, 33, 160. 0* 66 LETTERS TO you labor to impose upon us what will be more disgraceful and impious for us to submit to — a dead despot, galvan- ized, under the name of " the Federal Constitution." It is natural, sirs, you should desire a king after your own liking. Were you certain of establishing a live one, whose despotism would sustain the claims of slaveholders, you would, if possible, effect that impious work tomorrow. Nor would you be obliged to change your principles to accommodate yourselves to the new form of despotism. All you assert now, is the same that Filmer, the arch-tory, concocted for the support of the Stuart despotism, in Eng- land. And the same arguments the best whig writers in those times advanced against your school in England, can be urged with equal power against your present school in America. You assert that the Federal covenant or compact, guar- antees slavery, sanctions property in man. Locke answers you, " This is a power which neither nature gives, for it has made no such distinction between one man and another, Tvor compact can convey^^ So the eminent Cudworth, " Covenants without natural justice, are nothing but mere words and breath, and therefore can they have no force to oblige;'"! for "none can be obliged in duty to obey, but by natural justice."! Is it not self-evident that ''what- ever is iniquitous, can never be made lawful by any author- ity on earth ; not even by the united authority of kings, lords, and commons ? for that would be contrary to the eternal laws of God, which are supreme. "*i> But you reply that " slavery is not iniquitous," that it is " a divine institution," and therefore may be legalized. So said the English tories. But Locke answered, " He who attempts to get another man into his absolute power, does thereby put himself into a state of war with him," and thus " bein2; the ao;ressor, forfeits his own freedom ;" " for having quitted reason, which God hath given to be the * Locke on Civil Government, b. 2, cli. 15, § 172. t Cud. Int. Syst. Uni.,2 ed. v. 2, p. 894. X Ibid, p. 896. § Decliriition of the Peoples' nat. riglits, a fundamental principle of the British Constitution, &c., p. 10. PRO-SLAVERY MEN. 67 rule between man and man, and the common bond whereby human kind become united into one fellowship and society, and having renounced the way of peace which that teaches, and made use of the force of war, to compass his unjust ends upon another, he revolts from his own kind to that of leasts by making force, which is theirs, to be his rule of right ; he renders himself liable to be destroyed by the injured person, and by the rest of mankind, who will join with him in the execution of justice, as upon any other wild beast, or noxious brute, with whom mankind can have neither society nor security."^^ Thus the slaveholder is set forth as a criminal, as even a " wild beast,"" a " noxious brute'' — as one who declares war against the common law of mankind, and instead of being protected in his dangerous warfare by government, is one " with whom mankind can have neither society nor securi9i/.-^ So the excellent Sidney, who was murdered for having written a book refuting your impious doctrines, said, " that all mankind are created equally free, is a truth planted in the hearts of men, and acknowledged so to be by all that have hearkened to the voice of nature, and disapproved by none, but such as, through wickedness, stupidity, or base- ness of spirit, seem to have degenerated into the worst of beasts, and to have retained nothing of men but the outward shape, or the ability of doing those mischiefs which they have learnt from their master, the devil. "t Nor did they consider that the slaveholder alone was criminal in this case ; but the magistrate who attempted to enforce oppressive laws in the name of government, was a criminal, and placed himself on the side of the devil in rebellion against God and society, and was to be resisted." " Though I am unwilling to advance a proposition," says the excellent Lord Somers, " that may sound harshly to tender years, I am inclined to believe, the same rule which requires us to yield obedience to the good magistrate, who is the minister of God, and assures us that in obeying him * Locke, Civ. Gov. b. 2, ch. 15, § 172. t bidney oa Government, vol. 1, ch. 2, sec. 1, T[ 1. we obej God, does equallj oblige us noi to oh^j \\xo@e "■femake ih: ^/ ^ " , ' " - ' -7; le;" words : "-^ It is not in the choice ; •* : of a-/ ^ :/. " says he, -'at their erecting tJi. ...^i of ^Temmeat, to enlarge and extend the rower of thoee^ v': ."■'.■'-- '■ ".ts and !:•- r -^ :_ ;:„:._- .._.. . . _^ . magis^ trates in the charter of Nature and Kerelation."! T: ' ' ' ' . '^ - -" T a^re bom jree, : : ._ . .: - ■_,--- .- : ^ .:r« equal f l^t "justice shall be done to etery man;^ that justice 5'- " ' - \ ' ' - "" : is there to be found any 1^_.. _. .-• : -J of society, whose funda- mental laws do not recognize these self^vident principles. Itw-- ■ -/' V -■ ■ r-rplein 17>*T-^, to e^-- r_ - -;.;:-_ -- _- : j at war with sjOTemment itself. They could bind the nation by no sa^ compact -' " - " - '. ' ' - - .:i€» to be ! — :.- ^ .... -.. ..._ _..: by natural justiee.^f I: ' - " ' .- "' :: assert, as yoii do, diat . ._ .^: : ... ; :. .. ..::^._: :_e very governnient whi;!h they labored to establish ; that they bound us to * JodgmffEj: of Wljcie KiEgdi3nas and Saiiaiis, •f 111. t Iblji. *5" 1* T Cuidvrcirdi loi. SyaL Ijaiv^ toL 2, p. S96. HE 70 LETTERS TO " If our fathers promised for themselves to become slaves, thej could make no such promise for us," said Mil- ton to the Jacobite Salmatius ; " we shall always retain the same right of delivering ourselves out of slavery, that they had of enslaving themselves to any whomsoever.'"^ " That right which nature has given the people for their own preservation, how can you affirm has been given to ty- rants for the people's ruin and destruction ?"t " Since therefore the law is chiefly right reason, if we are bound to obey a magistrate as a minister of God, by the very same reason and the very same law, we ought to resist a tyrant, and a minister of the devil. "I To what purpose, then, do you declare that the people of the American States, in 1787-8, bound themselves by a covenant to sustain slavery — to dispose of the absolute right of their brethren in a manner wholly at war with government and society ? Every one knows, who has any understanding of the principles upon which civil society is based, that the people had no such power. If they at- tempted it, they assumed to themselves rights which it would be impossible to suppose any but God himself could claim. " The people," says Chancellor Somers, " can no- wise interpose in the disposal of the rights which belong unto God, and which he hath incommunicably reserved to himself; nor can they confer those measures and degrees of authority upon those whom they elect and advance to magistracy, which God hath antecedently precluded, the one from bestowinsr and the other from receivino;."9 As civil society is based upon the law of nature, it is clear, as already shown, that " no human law is binding which is contrary to the laws of nature."ll To suppose it would be a palpable contradiction. Hence, as all authori- ties concur, and the judicious Hooker emphatically affirms, " Human laws must be made according to the general laws of nature. "IF *^ IMilton's Defence of the People of England. t Ibid. Milton's Works, vol. 3, p. 216. tlbid, p. 275 § Judo-inent of "Whole Kingdoms, "J 1. II Ibid, II 14. ^ Hooker's Eccl. Pol , 1. 3, sec. 9. PRO-SLAVERY MEN. 71 To admit your monstrous assumption, that our fathers attempted to bind their children by a system of injustice to become man-thieves, robbers, pirates, " brute beasts," " blood hounds " — would be bad enough ; but for us to ad- mit that they could thus bind us, is impious — blasphemous ; for it is to suppose that the Infinite God is so tyrannical and unjust as to hold posterity bound to perform the un- just oaths of their progenitors. To admit that we are thus bound, is to admit that we can be and are, legal slaves to plantation masters. Your system thus makes us blasphemous slaves, if we submit to it. It renders justice impossible to be support- ed. Your government is not legitimate, then, but a bas- tard, a tyranny, which we are bound to reject and over- throw. This is just, it is right, it is a solemn duty ; for, as Lord Somers says, " that is just which doth destroy ty- rannical government ; that is unjust which would abolish just government. '-"^ You, as the tories in England, abol- ish just government, and set up an oligarchal despotism, which denies human rights and crushes the soul out of the nation. Government, as it is ordained of God, has its bounds, its unalterable and eternal principles. It can have no right to do wrong, even if all the people and their rulers should resolve they had, and should swear to maintain so contradictory and diabolical a position. " These," says Locke, " are the bounds which the law of God and nature have set to the legislative power of every commonwealth, in all forms of government : they are to govern by proinul- gated established laws, not to be varied in particular cases, but to have one rule for rich and poor — for the favorite at court and the countryman at plough ; they are to act for the good of the whole people."! Hence, as " every man is born with a right to the freedom of his person, which no other man has a power over,"| it would be the absolute destruction of civil society, and the assumption of the right of a band of robbers, to attempt to sanction one portion of * Judgment of ^^^lole Kingdoms and Nations, T 35. t Locke on Government, b. 2, ch. 11, ^ 142. X Ibid, cli. 16, § 190. 79 LETTERS TO tlie nation in depriving others of their just right ; for, as Cud worth sajs, " the bond of bodies politic can be none other than natural justice — something of a common and yuh- lic, of a cementing and coagulating nature in all rational beings.""^ Injustice segregates, dissociates, completely breaks up a nation ; destroys government, barbarizes man- kind, and renders society impossible. The interest of the slaveholder is partial, selfish, and at war with the rights of mankind, at war with justice; hence, at war with legiti- mate government and society. How impossible is it, then, for a people to favor such a class of men without precipitat- ing their own ruin, without allowing that humanity have no absolute rights ; and thus allowing themselves no absolute defence against themselves being made slaves. Salmatius, the French Jacobite, who wrote in defence of the tyranny of Charles I., asserted that the constitutional principles of England gave despotic powers to the king. This is like what you assert of the American Constitution. Milton's answer to Salmatius is an answer to you. " Though it were possible for you," said Milton, " to dis- cover any statute, or other public sanction, which ascribes to the king a tyrannical power, since that would be repug- nant to the will of God, to nature, and to right reason, you may learn from that general and primary law of ours, that it will be null and void. But no such right of kings has the least foundation in our law."t Nor is there any law of the American nation by which slaveholders have the right they claim for themselves in the constitution. There is no American law by which the Legislature can enact in favor of slavery, no more than in favor of adultery, rape, forgery. The power of legislators is limited by the laws of na- ture. Hence Milton, speaking of the law by which the representatives of the people are bound, says, " They are limited by the law of nature only, which is the only law of laws truly and properly to all mankind fundamental ; the beginning and end of all government ; to which no par- * Int. Syst. Univ., b. 1, ch. 5. t Milton's Prose Works, vol. 3, p. 268, PRO-SLAVERY MEN. 73 liament or people that will thoroughly reform but may and must have recourse."^ The basis o^ public liberty is the same as that of the ^r- sonal liberty of every man. That basis is Natural Law. Your doctrine of the constitution strikes at this and un- dermines the whole foundation of civil freedom. You de- ny all guarantee to the rights of the nation, and claim to yourselves the sole mastership, and the absolute slavery of the people to your oligarchy of slaveholding aristocrats. " He that oj^pugns the public liberty," says Sidney, " over- throws his own, and is guilty of the most brutish of all fol- lies, while he arrogates to himself that which he denies to all men."t I have shown, in former letters, that it had ever been recognized by all legitimate forms of society and govern- ment, that " by the Law of Nature all men are horn free" and that this law constituted the fundamental basis of all legal organizations of men from the earliest periods. " This law," says Cicero, " is the same eternal and invariable law, given at all times and in all places, to all nations ; because God, who is the author thereof, and has published it himself^ is always the sole master and sovereign of mankind. Who- ever violates it, renounces his own nature, divests himself of humanity, and will be rigorously chastised for his diso- bedience, though he were to escape what is commonly dis- tinguished by the name of punishment."? Have you not seen the punishments Eternal Justice brought upon Rome for slaveholding ? The same unbending law of the Al- mighty holds amenable at the dread bar the acts of the American people in respect to the just rights of three and a half millions of their own brethren. The liberties and rights of the whole people of America, black and white, are indissolubly united. That which sinks and destroys the one part, sinks and destroys the whole ; that which ex- alts and secures one, preserves and ennobles all. Greece, I have shown, had her noble sons who exposed * Ready and Easy Way to Establish a Free Commonwealth. — Mil- ton's Prose Works, vul. 3,' p. 403. t Discourses on Government, vol. 1, p. 330. X De Repub., lib. 3, apud Lactant, Inst. Div., lib. 6, cap. 8. 7 74 LETTERS TO the injustice of slavery, and warred against its direful re- sults. Isocrates took the side of right, and maintained the paramount obligations of the " Higher Law." The so- phists sneered at him, but he stood firm, and declared to the slaveholders, and all other classes of Grecian robbers, " He who prefers injustice to justice, and makes his sover- eign interest consist in depriving other men of their right- ful claims, is like to those brute creatures that are caught by the bait ; the unjust acquisition flatters his sense at first, but he shall find himself involved in very great evil."=^ Ah, sirs ! how great, how immense was the evil that afterwards involved Greece for this one sin of slave- holding — this greatest of all national curses ! . * Isoc. Orat. de Perrautat, PRO-SLAVERY MEN. 75 LETTER VIII. You oppose the doctrine of the preceding letter in regard to legislative power. So did the tories of England. The doctrine is based on the Law of Nature, and cannot be abrogated. The tories made war upon it, and labored to overthrow society in England in the time of the Stuarts. In the reign of George III., the same impious school gained the control in the councils of the British nation, and at once commenced a crusade against liberty and right. The first purpose was to enslave the whig colony of Massachu- setts, to break down her independent spirit, and cripple and stultify her energies. They had no idea that the Southern colonies w^ould join with the North on whig grounds to oppose tory despotism, as the Southern colonies had been made up mostly of tory elements under the Stu- arts. They knew that the Virginia House of Burgesses had been extremely strong in its tory principles under the Stuarts, and had passed resolutions in favor of that execra- ble despot, Charles I., and had secretly acknowledged the sovereignty of his banished son, (afterwards Charles 11.) They knew that the tory settlers of Virginia had always hated the colony of Massachusetts on account of her lib- eral principles and her free institutions. Massachusetts had opposed slavery as "a vile and odious course." True, in 1637, in the reign of the tyrant, Charles I., Massachusetts authorities were over persuaded to dispose of some captive " savages " by sending them to the West Indies. These were exchanged for " negroes and other merchandise,^^ which were brought into the colony. They were the first slaves in New England.^ One of these was a captive African princess. This fact became known through the colony. It excited great disgust when it was * Winthrop's Joiirnal. See Col. Amer. Stat. Assoc, vol. 1, p. 200. 76 LETTERS TO heard bow the brutal man who bought her treated her virtue. The people were aroused against the infamous institution. The whig friends of Massachusetts in the mother country protested^ against the introduction of sla- very into the puritan colony. The Legislature of the col- ony then took in hand the abolition of the iniquity they had introduced, and passed laws forbidding any species of involuntary servitude.! Shortly after this, a number of African captives were landed in the colony and sold. The fact was brought to the knowledge of the general court, whereupon they re- solved that, " conceiving themselves bound by the first opportunity to bear witness against the heinous and crying sin of man-stealing, as also to prescribe such timely redress for what is past, and such a law for the future as may sufficiently deter others belonging to us, to have to do in such vile and most odious courses, justly abhorred of all good and just men, do order that the negro interpreter, with others unlawfully taken, be, by the first opportunity, at the charge of the country, for the present, sent to his native country of Guinnea, and a letter with him of the indignation of the court thereabouts, and justice thereof"! Shortly after. Providence plantations and Warwick, passed acts against slavery.^ Thus while anti-slavery principles — the fundamental principles of society — were being carried out in the North- ern colonies by English whig settlers, the Southern colo- nies, settled mostly by tories, were fastening upon the South that detestable system of robbery and oppression which is now sinking it beyond recovery. Almost at the instant that the people of Massachusetts, through the gen- eral court, abolished the slavery which had but just been introduced, the tory lords of England established a consti- tution for the province of Carolina, in which they impiously declare that every free man of the colony shall possess " absolute power and authority over his negro slaves, of * Muss. Hist. Coll., 3d Series, v. 9, p. 2. t Coll. Amcr. Stat. Assoc, vol. 1, p. 200. j Ibid, vol. 1, p. 201. § See Updike's Hist. Narraganset Church, p. 170—174. PRO-SLAVERY MEN. 77 whatever opinion or religion,"''^^ whether heathen or Christ- ian. At this time Sir John Yeamans, a tory, with his tory followers, settled in Carolina with a body of African slaves."! Shortly before this, and under the special favor of the Stuart despotism, slavery had been introduced into the Catholic colony of Maryland, and under tory influence the Maryland Assembly enacted, consonous with the arbitrary and unjust rule at home, that " the people of the colony consisted in all the Christian inhabitants excepting the slaves.''''^ These were not considered people^ even though they might be Christians. They were a new species of animals — i?7<;/e-Christians, not Christian people. The professed purpose of the tory lords in establishing the colony of Carolina was " the propagation of the gospel among the heathen."! They were very zealous for religion. They had filled the prisons of England with such heretics as Richard Baxter, who had denounced slavery,! and John Bunyan and Alleine. The first act of missionary labor in Carolina was the introduction of negro slavery ; the sec- ond was by King Charles himself — a gift to the knightly slavemaster-missionaries, of twelve pieces of cannon and military stores.^ Tories from England flocked to this colony. They " fomented the spirit of discord among the Indian tribes, and promoted their mutual wars, for the pur- pose of obtaining slaves, by purchasing the captive Indians,!! and bartering; them in the West Indies for Africans. Thus was the gospel promoted by the tories among the heathen. The pirates, too, came in for a share. This tory colony became a house of refuge to them, and a shelter from the storm. These high sea murderers and robbers were spe- cially flivored by the robber king. Patronized in the beginning, by him, knighted indeed, and honored for their * (iraliam's Hist of the United States. t Bovtmin, Oldmixon, Chalmers. * Gniham's Hist. U. S. t Ibiil. Also Bacon. X Clarksoirs Hist, of tlie Abolition of the Slave Trade, vol. 1. \ Graham. II Ibid. r* 78 LETTERS TO episcopal robberies, they were recommended by the royal favor to the kind regards of the favorite tories of Carolina. The ports of the province were thrown open to them. They were furnished with supplies of provisions in exchange for their golden spoils. The tory governor and all the tory inhabitants — who were indeed the principal inhabitants, were in full fellowship with these pirates. And this " mis- sionary christianizatiou of heathen " was carried on for a great many years.=^ The gospel of Christ, however, was scarcely at all preached in the colony till after the year 1695. The first time the ordinances of religion were administered, was in 1696, by seme puritan missionaries sent into Carolina from Massachusetts.! There were no school-houses, no meeting- houses — no legitimate society, no government of impartial justice. Everywhere was robbery, murder, ignorance, yulgarity, toryism, slavery. It is hardly to be wondered at then, that the tory lords under George III., had no expectation of rousing the oppo- sition of the southern colonies when they, in connection with the king, struck at the old whig liberty of Massa- chusetts. The contest commenced in 1761, in the town of Boston, in the old court-house, in the masterly speech of James Otis against the Writ of Assistance. " Then and there," says John Adams, " American Independence was born."| In opposition to troy despotism, both that of the lords of England, and that of the slavemasters, he proclaimed the natural freedom and equality of mankind. He boldly asserted the rights, not only of the white, but of the black man. He denounced African slavery, and urged such high-toned principles, as made Mr. Adams tremble when he thought of them.^ Slavery hnd stolen in upon the puritan colony by eva- sion of the law, and by the aid of tory influence, so that at the moment Otis was speaking, slaves were advertized for * See Graham. t Ibid. j See Tudor's Life of Otis. § Ibid. PRO-SLAVERY MEN. 79 sale in the Boston newspapers. Otis denounced the sys- tem as wholly illegal and iniquitous. It was contrary to the English law ; and no court could side in its favor. The blow struck by this fearless patriot, roused the minds of others. Then came the news of the stamp act. The spirit of alarm and of earnest inquiry flew abroad. It was seen that a regular system of oppression had been determined on by the tory power of the mother country. The question arose, how shall we remonstrate ? What shall we say ? We must declare that the supreme power has no right to make slaves of us. We have the right of British subjects. We are under the protection of the laws of the realm. But it ia impossible to assert the rights of any class to the exclusion of others. Our colonial charters make no differ- ence between black and white colonists. If we appeal to the protection of the just laws of our ancestors, we cannot deny the protection of the same laws to all who are born under them. English law cannot be allowed to protect the white, unless it be allowed to protect the black ; for the law knows no color. All who are born in the Eno;lish colonies, are born under the obedience, power, faith, liege- alty, or liegeance of the king, and are natural subjects and not aliens, they are free born, and not slaves de jure^ and if slaves de facto, it is contrary to law. " The king is bound to protect the liberties and rights of his subjects, [black or white,] as much out of therealmof England as within it ;t and his protection and government is general over all his dominions and kingdoms as well in time of peace, by justice, as in time of war, by the sword. I Allegiance and protection are inseparable. There is a mutual bond of obligation.'^* ' By the law of nature all men are bora free.' The judges of England have declared * the law of nature to be a part of the law of the realm. 'il The king is bound to protect all his subjects in their birth- rights. In declaring, then, that the colonists are free * Coke's 7th Rep. Calvin's case, pp. 5, 6. t Ibid, p 8. Also Regist. fol. 25, b. 26. 44, E. 3. % Colve's 7 Rep., p. 9. k Ibid, p. 5. U Ibid. 80 LETTERS TO Britisli subjects, entitled to all the rights of any other of the king's subjects, slavery is declared illegal. For the law of nature is paramount. ' It was before any judicial or municipal law in the world ;"^ it was before slavery, and slavery was opposed to it. ' But the law of nature is immutable,' and, as the law of the British realm, it unal- terably requires the protection of all the natural rights of British subjects."! These legitimate principles of the English government were now to be trampled upon once more by the tory lords and the foolish king, they had secured to their interests. Blind and fool-hardy, they pressed their measures of des- potism, as you, sirs, are at the present moment pressing your odious plans of tyranny, upon the American people. In 1764, Massachusetts passed resolutions in which the rights of all the colonists were declared, without respect to rank or color. And James Otis, under the sanction of the- Massachusetts House of Kepresentatives, published his work on the Bights of the British Colonies, in which it was declared that "the colonists are by the 'taw of nature'' free born, as indeed all men are, white or black. "I " Nor can any logical inference in favor of slavery," said Otis, " be drawn from a flat nose, or a long or short face."§ Speaking of a certain class of slaveholders, he says, " They can, in general, form no idea of government, but that which, in 2)erson, or by an overseer, the joint and sev- eral proper representatives of a Creole and of the devil, is exercised over ten thousands of their fellow-men, born with the same right to freedom, and the sweet enjoyments of liberty and life as the unrelenting task-masters, overseers, and planters The law of nature was not of man's making, nor is it in his power to mend or alter its course. Its disobedience can never be with impunity even in this life."ll * Coke's 7 Eep., p. 9. t 20 H. 7, 8. Fortesque, c. 13. Acts of Pari. 10, E. c. 5, and 11. R. 2, c. 1. 14 H. 8, c. 2, &c. % See this work referred to, p. 29.j \ Ibid. II ibid, pp. 29—31. PROSLAYERY MEN. 81 There was not an intelligent lawyer in the colonies, who did not at once perceive that, in advocating the rights of the British subjects in America against the claims of the tories of England, the equal rights of every native-born colored man, though held a slave, was also declared. The Rhode Island whigs, and those of all the northern colo- nies, in taking part with Massachusetts in 1764, assumed this ground. In Connecticut they declared^ '^ all the in- habitants," " all the people of the colonies and plantations in America, are really, truly, and in every respect under the protection of the British constitution;" that "protec- tion and subjection go together;" "that no man owes allegiance to a power that will not regard his inherent and inalienable rights ;" that "as all the subjects of the king ["black and white] are bound to obey, so all the king's sub- jects are to be protected in the natural rights that belong to them ;" that " as all the people of the colonies are the sub- jects of the British government, so the British constitution an^ laws guarantees the protection of the lives, liberties, aiid properties of all Nor can any class or the inhab- itants OF TUE COLONIES BE EXCLUDED, as the charters granted not liberty to one, and doomed others to be slaves, but declared that ' all the subjects shall have and enjoy all the liberties and immunities of free and natural subjects equal with those within any of the dominions of us, [the king,] our heir or successors, to all intents, constructions and purposes whatsoever, as if they and every one of them were born within the Realm of England J^ ' This made it illegal for any person born in the colonies, or within the realm of England, to be held a slave by the colonists, no matter what was his color, for the law had no knowledge of color or the shape of the nose. Hence the town of Boston, in their resolutions passed in 1764, de- clared that all the natural rights, guaranteed to the sub- jects in the kingdom were guaranteed to the colonists, without respect to color, by the colonial charters. Hence James Otis, in behalf of Massachusetts, declared that " the * See " Reasons why the British Colonies in America should not be charged Avith Internal Taxes, &c. New Haven, 1764." 82 LETTERS TO same right that allows of the slavery of one, sanctions the slavery of all, seeing that the rights of all are equal. "^ And furthermore said he, 'that the colonists, black and white, born here^ are free-born British subjects, and enti' tied to all the essential civil rights of such, is a truth, not only manifest from the provincial charters, from the prin- ciples of the common law and acts of Parliament, but from the British Constitution, which was reestablished at the revolution [that overthrew the despotic Stuarts in 1688] with a professed design to secure the liberties of all the subjects in all generations."! Now the revolution in England, in 1688, in overthrow- ing the tory despotism of the 6tuarts, ought to have been followed in the colonies with a revolution overthrowing slavery, inasmuch as slavery had been introduced into the colonies by the tories, under the tyrannical Stuarts, against English law. But, as already shown, the tories had settled the South- ern colonies, and slavery was their darling offspring, which they would cherish, though it destroyed them, because they would rather die than labor for an honest livelihood. The tories under George III,, in forcing upon the colo- nies oppressive measures, forced the true men of America to look into the fundamental principles of the nation. There they found the old law of nature as the eternal basis of legitimate government. There they found that " by this immutable law all men are born free," and have an equal title to the protection of the civil power. There they found that slavery was at war with the charters of rights, and that they cuuld lay no claim to the protection of the Eng- lish constitution without allowing the equal and inalien- able rights of those held as slaves. Hence, St. George Tucker, a Virginia professor of law, and a judge in the General Court, declared that " slavery in the colonies was a departure from the principles of the common law " — " a measure not to be reconciled to the prin- ciples of the Law of Nature, nor even to the most arbitrary * Rights of the British Colonists, p. 33. t Ibid, p. 37. PRO-SLAYER Y MEN. 83 establishments in the English government at the period" of the Stuarts, when it was introduced ; for " absolute slave- ry, if it ever had existence in England," said Judge Tuck- er, " had been abolished long before. ""^ So Judge Wilson, of Pennsylvania, a revolutionary pa- triot, declared " slavery" to be " unauthorized by the Eng- lish common law ;" and that " it is repugnant to the prin- ciples of Natural Law, that such a state should subsist in any social system ;" that, " in the enjoyment of their per- sons and their property, the common law 'protects aTl.^^\ This was tested in Massachusetts, according to Dr. Bel- knap, t a cotemporary. Several cases were tried, accord- ing to this writer, and, " on the part of the blacks, it was pleaded, that the royal charter expressly declared all per- sons horn or residing in the Province to be as free as the king's subjects in Great Britain ; that by the laws of Eng- land no man could be deprived of his liberty but by judg- ment of his peers." The latter, however, referred to ques- tions of crime, and not to the trial of question of property in man. Judgment was rendered in favor of freedom. Shortly after the favorable decision of the j&rst case in Massachusetts, in 1769, the same question came up in the case of Sommerset, in England. When it was decided that, according to English law, negro slavery was illegal, and that it had no respect to the color of a man ; that a slave, in short, could not legally exist under the British Consti- tution. In view of all this, South Carolina, in 1774, " resolved that His Majesty's subjects in North America [without re- spect to color or other accidents] are entitled to all the in- herent rights and liberties of his natural born subjects within the kingdom of Great Britain ;" " that it is their fundamental rights that no man should suffer hi his person or property icithout a fair trial, and judgment given by his peers, or by the law of the land." Furthermore, " that no power had right to take the rightful property of another, * See Examination of the Question on the Common Law, by St. G. Tucker. t See Judge Wilson's Works on Law, vol. 2, p. 488. j See Mass. Hist. Coll., vol. 4. 84 LETTERS TO without his consent gi\^en personally, or by his representa- tives.'"^ The same resolutions had been passed over and over again in all the other colonies, North and South. This was, up to the year 1776, common whig ground of union between the colonies and the mother country : the author- ity of Magna Charta, the English common law, the Natural Law as the basis and fundamental law of the British realm, and the natural rights of the colonists, as acknowledged and guaranteed in the colonial charters. All of these, however, toryism (both in the mother country and in the colonies) trampled upon and kicked aside. For the tory denied the authority of justice and the Natural Law, and scouted the doctrine, that " by the law of nature all men are born free." The Southern colonies, in uniting with the North on fundamental principles of English law, declared the ille- gality of slavery. When the colonies were forced to abandon the protection of English law, being driven to this by the tories, who denied its authority and trampled upon the constitution, they were forced to plant themselves sole- ly upon the Law of Nature, and declare themselves free and independent. A In assuming this independent position, it was impossible to avoid adopting the Law of Nature as the fundamental basis of the nation. America could have effected nothing for herself on the platform of tory principles. It was toryism — pro^slaveryism — that was at war with America, and demanded her unconditional surrender. There was no alternative, but to surrender to slavery — to pro-slavery power, or to take anti-slavery ground — the law of human rights — and defend their position as best they could. Taking this ground of Natural Law, Southern slavehold- ers, who were sincere, would not only be ready to acknowl- edge the illegality and unrighteousness of slavery, but would condemn it, and be willing to adopt some certain method for its overthrow. * See Hist. Revolu. South Carolina from a British Province to au Independent State. By D. Ramsay, M. D. 1785. Vol. 1, pp. 18, 19. PRO-SLAVERY MEN^ 85 Hence, we find that, through the whole period of the revolution, and for several years after, not an instance can be found of a whig patriot justifying slavery. On the contrary, every one of them took occasion, in one form or another, to condemn this institution. In a political work, published in Charleston, South Car- olina, in 1784, the writer, in the very outset, declares that " such is the fatal influence of slavery on the human mind, that it almost wholly effaces from it even the boasted char - acteristic of rationality. "=^ This noble whig writer advo- cated " that the Constitution [of South Carolina] should be framed on principles of equal freedom., in order that oligar- chal despotism might be prevented from assuming the eon- trol.t The tories however bore rule in that state. They were determined to perpetuate slavery. The few whigs who were true to principle were overwhelmed by the arts, cor- ruptions, and despotism of wealthy nabobs who had secured the power in their own hands. Licentiousness, ignorance, tyranny, and degrading bondage were the characteristics to be seen everywhere. Alluding to the unhappy state of things in that day, this writer says : " No man can be said to enjoy even the shadow of freedom in a state whose laws and police do not protect him from insult and injury. Licentiousness is a tyranny as inconsistent with freedom, and destructive of the common rights of mankind, as is the arbitrary way of an enthroned despot."! You, sirs, would do well to learn from this whig writer of South Carolina, the great mission of the American States. You will recollect that he spoke the sentiments of the true whigs of tfie Pvcvolution. " It has been too common with us " [of S. Carolina] said he, " to search the records of other nations, to find precedents that may give sanction to our own errors, and lead us unwarily into confusion and ruin. It is our business to consult their histories, not with a view * See Conciliatory Hints, &c., submitted to the Consideration of tlio Citizens of South Ci\rolina, by Philodemus, p. 5. t Ibid, p 27. Ilbid p. 32. 8 86 LETTERS TO to tread riglit or wrong in their steps, but in order to in- vestigate the real sources of the mischiefs that have befal- len them, and to endeavor to escape the rocks which they have all unfortunately split upon. It is paying ourselves but a poor compliment, to say that we are incapable of profiting by others, and that, with all the information which is to be derived from their fatal experience, it is in vain for us to attempt to excel them." The tories then pointed to Grecian and Koman slavery in justification of slavery in the American Bepublics. This southern whig would have them see that, slavery was the great rock on which those ancient Republics split. He would have them remember that the lessons of the past give a terrible warning to slave-holding despotisms. " If" said he " with all those advantages, together with the pecu- liar happiness of our present free, uncontroled, and, as it were, unconnected situation (such as no nation before us ever did, and probably none after us ever can enjoy); if with all these," said he, " we are incapable of surpassing our predecessors, we must be a degenerate race indeed, and quite unworthy of those singular bounties of Heaven, which we are so unskilled or undesirous to turn to our benefit." This was the great fact that was pressed horn A o the hearts of the true patriots of those times. They felt that in break- ing loose from all connection with European institutions — in becoming independent of the English government — in establishing civil institutions properly and truly American, every improvement should be made that the advantage of circumstances could allow. " The superiority of our condi- tion over that of other nations," said they, " is truly amazing. It seems as if the Almighty had intended the various revo- lutions and misfortunes of all other states for our particu- lar instruction, and then placed us in the only possible situation in which we could practically profit by it. Be- bre us, no people were ever so entirely relieved from the control of hereditary rulers and military force. Before us, none have ever been so free to associate upon terms of equality. All before us have been surrounded with neighbors who would have been ready to support the first usurper that should seize upon the reins of government. PRO-SLAVERY MEN. 87 In order to render such a condition of real utility to tlie people, it was necessary to provide for them a new world, out of reach of the interference of the rest of mankind. It is on us, and us only, that the great Ruler of the Universe has bestowed this great and wonderful blessing. To show our grateful sense of his beneficence, we should improve these happy circumstances to our own and the welfare of our posterity. We should set an example of prudence, justice, and generosity, becoming the characters of men who have made the noblest strufrorle in the cause of free- CO dom.'"^ The tories, or pro-slavery men, had no fellowship for these rational views. They lived only for themselves, and sought to turn government to their own account. Slavery was their darling institution ; and though it resulted in the en- tire destruction of society, the total subversion of govern- ment, and the overthrow of morals and religion they cared not, so long as it supported their luxuries. * See work above cited p. 33. 88 . LETTERS TO LETTER IX. Two months and ten days after the Congress of 1776 had declared it to be a " self-evident truth, that all men are created equal, and endowed by their Creator with the inalienable rights of life, liberty, and the pursuit of hap- piness," the Massachusetts House of Kepresentatives " Kesolved, that the selling and enslaving the human species is a »direct violation of the natural rights, alike vested in all men by their Creator, and utterly inconsistent with the avowed principles on which this and the other United States have carried their struggle for liberty even to the last appeal."^ This was the whig spirit of the revolution — it was the manner in which the whigs understood the grand movement of the nation. The tories who had stolen the livery of the whigs — who, in other word|| had assumed the name of whiggery, secretly favored slavery, and made use of every possible stratagem to defeat and overthrow the liberal policy and principles of the revolution. Hence, while the true whigs — the sons of Freedom — were laboring to destroy the institution of slaver}^ through- out the American States, the impious tories under the guise of moderate whigs, labored to preserve and establish this system of robber3^ It was through the influence of these false men, in the council of the Massachusetts General Court, that the above noble resolution was prevented from going before the world. Congress, in 1774, had made a unanimous and solemn agreement, upon sacred honor, " that they would neither import, nor purchase any slave imported, after the first day of December ; after which time " they agreed " wholly to discontinue the slave trade, and would neither be concerned in it themselves, nor would hire their vessels, nor sell their * See Coll. Amer. Statist. Assoc, vol. 1, p. 205. PRO-SLAVERY MEN. 89 commodities or manufactures to those wlio should be con- cerned in it.""^ The tories of the Northern States united with those of South Carolina and Georgia to defeat this effort to suppress the slave-trade. Jefferson complained of this shameful disregard of the congressional agreement, and declared that South Carolina and Georgia " never attempted to restrain the importation of slaves," and refers also to " Northern brethren " who " had been pretty considerable carriers of slaves."! The tories in the North were anxious, as already ob- served, to preserve the institution of slavery. The men of this stamp in Massachusetts endeavored to prevent the introduction of that clause in the constitution, which de- clares the equal rights and liberties of humaiiity, because they knew that the whigs would make use of it for the abolition of slavery in the Bay State. A Constitution was framed and sent to the people in 1778. This instrument, by the artful management of cer- tain influential tories, bearing the name of " moderate whigs," carefully left out the declaration of equal human rights, — the fundamental basis of civil association. The true whigs in the county conventions, exposed this trick, and the people rejected with scorn the miserable mockery which had been offered as a constitution. Other conventions were called, and at last, in 1780, a form of constitution was framed and adopted, that gave freedom to the slaves in Massachusetts. It is worthy of remark, that the same principle upon which the slaves became free in this state, was the same, almost in the very expression, with that declared by Louis X. of France, in 1315, when he abolished slavery throughout his kingdom; namely, " All men are by nature free born" — "All men are born free and equal." But you would have it, sirs, that "Jack Frost abolished slavery in Massachusetts," and not the constitution, not the fundamental law of civil society. That will answer now for tories to say. Dr. Belknap, of Massachusetts, was written to in 1795 by Judge Tucker, of Virginia, inquiring * Am. Arch. 4 se., vol. 1. t Madison Papers. 90 LETTERS TO in what manner slavery was abolished in the Bay State. Dr. Belknap answered, that it had been abolished by that article in the constitution which declared the liberty and equality of mankind, and that this very clause was incor- porated into the bill of rights for this express purpose."^ Furthermore, that the like clause incorporated into the New Hampshire constitution, three years after, was with the understanding, that all who were born of slave parents fi'om the time of the adoption of the constitution were born free."t Thus without legislation, but by the fundamental law of society, acknowledged and adopted by the people of these two JSorthern states, slavery was abolished. The same primal law was incorporated into every other American constitution, except into that of South Carolina. She was too essentially toryistic, or Filmerean to take this step. She adopted, through her delegates, however, the principles of the Declaration of Independence. And, moreover, on adopting a constitution, she did not, as she could not legally, incorporate any clause or word recog- nizing slavery, or the right of property in man. Such a step would have been too infamous in those days. I have said that the whigs of the revolution not only in declaring the principles of human rigi:^ in opposition to the infamous claims of the tories, but a^o in establishing the state governments, took great pains to develop and unfold, as the eternal foundation of civil institutions, the grand Law of Nature. All the writers on government trom the earliest periods, were ransacked, and all the writers on Natural Law. It was found that on no other point was there so universal an agreement as on this one — " that by the Law of Nature all men are born free," and that " by the Law of Nature all men are entitled to equal absolute rights." There was found a diversity of expression, it is true; but in the one fundamental law of liberty there was no variation. The tory writers under the Stuarts, and those of that period who favored the despotism of George III. constituted the only school that denied this law. * See Mass. Hist. Coll., 1st Series, vol. 4, p. 204. tibid. PRO-SLATEKY MEN. 91 Biirlaniaqui had declared that '' Moral or natural lib- erty is the right which nature gives to all viank'md of dis- posing of their persons and property after the manner they judge most consonant to their happiness, on condition of their acting within the limits of the law of nature, and that they do not any way abuse it to the prejudice of any other man."^ The same was declared by Chief Justice Blackstone.t So PufFendorf affirmed that " the Law of Nature obliges us to hold all men equal with ourselves ;" and that " the Law of Nature is none other than the great rule prescribed by Christ himself of ' doing unto others as we would have them do unto us.' "1^ The "judicious Hooker" also de- clared the same principle in his " Ecclesiastical Polity'N^ in almost the exact words quoted above. The " learned Gro- tius" also, in his work on " Peace and War,"ll not only re- cognized the same principle as fundamental in civil associ- ation, but as absolute in morals, being a part and parcel of the immutable Law of Nature. This Higher Law — the foundation of all civil states — he found to have been uni- versally acknowledged by poets, orators, historians, philos- ophers and jurists in all ages. These he quoted, he said, " as witnesses whose conspiring testimony mightily strengthened and confirmed this point, since their discord- ance on almost every other subject showed that their unan- imity on the Law of Nature " — the Higher Law — " was by the influence of that Higher Law itself." It was this uni- versal agreement which established it as a Law of Nature in all intelligent minds. " When," says he, " several per- sons of diflerent times, in various places, maintain the same thins; as certain, such coincidence of sentiment must be at- tributed to some general cause." Then, referring to the numerous quotations he had made * Burlamaqiii's Natural and Political Law, vol. 1, c. 3, sec. 15. t Commen., vol. 1, p. 125. X See Pufteiulorf s Law of Nature and Nation?, Oxford cd., 1710, p. 109. Puffendorf was a learned German civilian and historian, born m 1631. Burhunaqui was a German civilian, born in 1694. § Hooker was born in 1554:. II De Jure Belli et Piicis. Grotius was born in Holland in 1583 ; was one of the profoundest men of the age. 92 LETTERS TO from writers of various times and nations on this point, he says, " Now, in the quotations before us, that cause [before referred to] must necessarily be one or the other of these two — either a just consequence drawn from natural princi- ples, or a universal consent. The former discovers to us the law of nature, and the latter the law of nations, ""^ So Home, in his Mirror of Justice, written about the year 1275, says "According to the Law of Nature all creatures ought to be free."t And Hughes, in his edition of the Mirror of Justice says, " Sure I am that every law, custom, usage, privilege, prescription, act of Parliament, or prerogative, which doth exalt itself above or beyond the .... Law of Nature, hath ever by the worthy sages of our laws been declared to be void. "I So the learned St. German, in the early part of the 16th. century, declared that this " Law of Nature, which is or- dained of God, may be called God's law united unto man's nature ; for what was the image of God in man .... but — lex primordialis — a primordial law exactly requiring and absolutely enabling the performance of duties of piety unto God, and of equity to men both in habit and art. Hence, according unto the opinion of most learned divines and le- gists : " Lex nature nihil aliud est quam participatio legis ceterna creatura ;" and according to others : " Lex natures est lumen ac dictum illud ratio7iis, quomnter bonum et ma- lum discernimusy^ In " America's Appeal to the Impartial World," pub- lished in Hartford in 1775, the Law of Nature is thus de- clared : '• Man hath an absolute property in, and right of dominion over, himself, his powers, and faculties ;" by that law he is " independent of, and uncontrolable by, any but Him who created and gave him his powers. And what- ever is acquired by the use and application of man's facul- ties, is equally the property of that man, as the faculties by which the acquisitions are made ; and that which is ab- solutely the property of a man he cannot be divested of but * De Jure Belli et Pacis, b. 1, c. 1. Barbeyrac ; Prel. Dis, § 14. t See Mirror of Justice, c. 2, sec. 28. X See Hughes' ed. of Home's Mirror of Justice, 1768. Address to the Header. § Doct. et Stud. PRO-SLAVERY MEN. 93 by his own voluntary act.''=^ " Either all is our's, and nothing can be taken from us but by our consent ; or noth- ing is ours, and all may be taken without our consent. The right of dominion over the persons and property of others is not natural, but derived ; and there are but two sources from whence it can be derived : from the Almighty, who is the absolute proprietor of all, and from our 0Y;n free consent."! Neither the slaveholder nor the tory lords of England could show credentials for the first, nor could they show that they had derived any right to rob and enslave by the consent of those they were disposed to victimize. Nothing is more evident in American history than the fact, that, in establishing the nationality of America, the great and good men who took the leading part, recognized as the sole basis of the civil organization, the grand Law of Nature by which all men are entitled to freedom and equal rights — impartial justice. This appears in almost every act of Congress during the revolution, and in every State Constitution, from the extreme North to the borders of South Carolina. The patriots, in writing and speaking of the purpose of the great contest, referred to it, not as a defence of the rights of slaveholders, as you do now, but the " rights of Human Nature." When Gen. Washington and Gen. Charles Lee came to Cambridge, in July, 1775, the peo- ple's delegates congratulated them as " the defenders of the rights of human nature ; and they, in reply, acknowledge the compliment in the same terms. To Gen. Washington they said, " While we applaud that attention to the public good, manifested in your appoint- ment, we equally admire that disinterested virtue, &c., which can afford to hazard life, and to endure the fatigues of war, in defence of the rif/hts of manhind, and the good of our country." To this Washington replied : " In exchanging the en- joyments of domestic life for the duties of my present hon- orable but arduous station, I only emulate the virtue and * Page 5. t See the above noble work for mucli more besides. 94 LETTERS TO public spirit of tlie whole Province of Massacliusetts Bay, which, with a firmness and patriotism without example in modern history, has sacrificed all the comforts of social and political life in support of the rights of ma7ikind, and the welfare of our common country. My highest ambition is, to be the happy instrument of viTjdicating those rights. To the Hon. Charles Lee, the Massachusetts Congress thus addressed themselves : " Sir — The Congress of the Massachusetts Colony, possessed of the fullest evidence of your attachment to the rights of mankind, &c., do with pleasure embrace this opportunity to express, &c. We ad- mire and respect of a man who . . . engages in the cause of mankind, in defence of the injured and relief of the op- pressed." To which Gen. Lee replied : " Nothing can be BO flattering to me as the good opinion and approbation of the Delegates of a free and uncorrupt people. / was edu- cated in the highest reverence for the rights of mankind. ... I thank you, gentlemen, for an address which does me so much honor, and shall labor to deserve it." In almost immediate connection with these addresses, we have an address of the General Congress to the army, in which the principles of pro-slavery men are held in detes- tation, and identifying the claims of the tory slaveholder with those of the tory ministry in England. " If," said they, " it were possible for men who exercise their reason, to believe [as none indeed but tori^ could] that the Di- vine Author of our existence intended a part of the human race to hold absolute property in, and an unbounded pow- er over, others, marked out by his infinite goodness and wisdom, as subjects of legal domination, never righteously resistable, however severe and oppressive, [which was the Filmerian or tory doctrine] the inhabitants of these colo- nies might at least require from the Parliament of Great Britain some evidence that this dreadful authority over them has been granted to that body. But a reverence for our Great Creator's principles of humanity, and the dic- tates of common sense, must convince all those who reflect upon the subject, that government was instituted to pre- serve the welfare of mankind, and ought to be adminis- tered for the attainment of that end." This is exactly the principle 1 have all along shown to PRO-SLAVERY MEN. 9§- have been recognized in every age as the fundamental prin- ciple of civil society, and which renders slavery impossi- ble in a legitimate society ; which renders it absolutely im- possible for legitimate government to sanction slavery, but rather makes it obligatory on government to abolish it, as at war with civil government, like mui'der, robbery, rape, and every other vice. The General Congress, also, in its address to the people of Ireland, recognized the grand principle of the American revolution as that of the " right of human nature." So in the address to the inhabitants of Great Britain, the same is brought to view ; and in the address to the inhabitants of Canada, Congress said : " When hardy attempts are made to deprive men of rights bestowed by the Almighty, when avenues are cut through the most solemn compacts for the admission of despotism ; when the plighted faith of government ceases to give security to loyal and dutiful subjects ; and when the insidious stratagems and manoeu- vers of peace [law and order, gentlemen,] became more terrible than the most sanguine operations of war, it is high time for them to assert those rights, and, with honest indignation, oppose the torrent of oppression rushing in upon them We, for our part, are determined to live free, or not at all, and are resolved that posterity shall never reproach us with having brought slaves into the world." Pennsylvania declared, through her delegates, that " mankind are, in their own nature, as independent of one another as they are dependent upon God ;" that " this lib- erty and independence is, therefore, a right naturally belonging to man, of which it would be unjust to deprive him against his will.""^ This language they adopted from Burlamaqui ; and fur- thermore, that, " upon considering the primitive state of man, it appears most certain, that the appellations of sov- ereign and subject, master and slave, are unknown to na- ture. Nature has made us all of the same species, all * See an Essay on the Constitntional PoAvers of Great Britain over the Colonies in America : with tlie Resolves of the Committee for the Province of Pennsylvania, and their Instructions to their Representa- tives in Assembly, Phil., 1774. Burlaraaqui's Principles of Pol. Law, vol. 2, p. 38. 96 LETTERS TO equal, all free and independent of each other ; and was willing that those on whom she bestowed the same facul- ties should all have the same rio-hts.""^ The most abundant testimonies were cited by the whigs of the revolution on this point, against the tory doctrine of oppression. Thus Locke : " Though the earth, and all inferior creatures, be common to all men, yet every man has a property in his own person ; this nobody has any right to but himself. The labor of his body and the work of his hands, we may say, are properly nis."t So Lord Camden, in defending the rights of the Colo- nies, declared, " It is the Law of Nature that whatever is a man's own, is absolutely his own ; no man has a right to take it from him without his consent either expressed by himself or representative. Whoever attempts to do it, at- tempts an injury ; whoever does it, commits a robbery ; he throws down and destroys the distinction between liberty and slavery." Yet you, sirs, in this age, attempt to make us believe that our fathers intended to establish slavery and not lib- erty. You trample upon the sacred principles for which our fathers suffered. You scout and kick aside with con- tempt our free State Constitutions, and convert the Federal Government into a ruinous despotism. You mock at our fathers ; jo\x libel our institutions ; you overthrow trial by jury ', you chain our court-houses, and convert them into slave-pens ; and then, in derision, ^\x call us " degenerate Grreeks." You deny, with the oppressors of Europe, that all men are, by the Law of Nature, born free, and created equal ; and to support your system of robbery, you have converted the Federal Union into a slaveholding oligarchy. The people have felt your iron hand. It is enough. They are convinced that you, sirs, are their sworn enemies. You have roused them to battle for the right. They will know the truth, and the truth shall make them free. ^ Ibid. This had been declared by Burlamaqui, of Geneva, in the forepart of the 18th century. t Locke on Civil Government, part 2, c. 5, § 27. PRO-SLAVERY MEN. 97 LETTER X. Your political school — the pro-slavery school of Amer- ica — is identical in doctrine with the worst school of Eno"- lish tories. The time was, when, in this country, there was no respectable man who dared openly advocate your execrable theory, unless it might be in South Carolina. The principles of the American Revolution were directly opposed to the doctrines you now maintain. This I have already shown. What the tories of the m.other country advocated you now advocate. True, you do not claim the right to tax colonies at a distance, but you do assert the right to impose odious and oppressive measures upon the free states ; you do claim the right, through the general government, to trample out and annihilate our free institu- tions ; you do pretend that whatever you can effect through the halls of legislation for strengthening the slave power at the expense of human rights, you have a right to effect ;; and we, miserable wretches ! " degenerate Greeks !" as you call us, are bound to submit. In short, there is not a fdndamental principle of the constitutions of the free states, you do not as a political school attempt to annihilate. Not only in your measures, but m your openly declared doctrines, you strike at the root of all free government. There is not a constitution north of Virginia, whose funda- mental principle is not the equal, absolute rights of human nature. But you deny the truth of this principle in toto. You call it a " chimera."^ You assert that mankind " never were equal " " nor was it intended," you say, " they ever should be."t You declare that the doctrine of the " natural liberty and equality of mankind," is a " general and radical error among political and moral theorists."t Calhoun in 1849 called this great truth, a lie. * Fletcher's Studies on Slavery, p. 407. f Ibid. J See letter from Henry A. Wise of Virginia to Dr. Adams of Boston The like repi-oach is cast upon this constitutional principle by Drs. Lord. Blagden and other pro-slavery or tory writers. 9 98 LETTERS TO In short, sirs, it is absolutely impossible for you tomain- tain pro-slavery principles without taking the impious course of the arch-tory, Sir Robert Filmer, and deny this fundamental principle of all legitimate society. It was a necessity for him. Why ? He could not support the de- spotism of the Stuarts without denying that grand doc- trine, which had always been held as the first principle of leo^itimate society, and which opposed itself as a barrier to tyranny and slavery. Filmer found, on hunting among old wi'iters, that this primal principle was advocated by the school-men, and this he brought up as a reproach against it. The whig Sidney thus answered him : — " He absurdly imputes to the school divines that which was taken up by them as a common no- tion^ written in the heart of every man, denied by none. " The school men were not fools. They could not but see that which all men saw, nor lay more approved foundations than that man is naturally equal, that he cannot be justly deprived of his liberty without cause."^ It is not strange that the man who was thus opposed to the tyranny of the tory party should be murdered for his defence of freedom. Your party, when in fall power, has in all ages murdered those advocates of freedom and equality who were honest and bold enough to oppose your infamous libels upon hu- man nature. If you will examine Algernon Sidney's and John Lock's criticisms upon Filmer's " Patriarc%i " you will see with what detestation those tory doctrines you advocate were then looked upon by the good and wise men of England. Think, sirs, whose company you are keeping in occupying the ground you do in opposition to the fiindamental law of society, and all legitimate government. You are with Charles I. and II. and James II. and George III. and the Duke of Buckingham and the detestable Archbishop Laud, the bloody Jeffries and Sir Robert Filmer ; nay, indeed, with all the execrable tories and tyrants of those periods of civil war, and robbery and murder. "Mankind," they declared, " were not created equal and free. The masses of the people were created slaves, and the remainder to rule over them."t So the tories under * Sidney's Discourses on Govei-nment, vcl. 1. p. 43. t See Lock od Civil Government, B. 1. c. 1. PEO-SLAVEEY MEN. 99 George III. denied the eqnal rights of mankind, and argued a richt to act as the masters of the colonists. The whig fathers of the revolution, taking the ground of ^Satural La.v, asserted the natural freedom and equality of mankind. Nor could they take any other position against the British tyrants. They were forced to assert the first law of society — the self-evident truth that all men are created free and equal before God and in the eyes of just law. Understand, sirs, what it is that renders revolution necessary. Is it not " a long train of abuses *' on the part of the power that rules in the name of law? Is it not in consequence of the oppressive measures at war with society, forced upon the nation, and which must, if not resolutely resisted, result in the entire overthrow of the social state ? There never was a rebellion, says an ancient writer, unless tyranny was the cause of it. None but tyrants, robbers, and base men can deny the equal rights of man- kind, for only such can have hearts base enough to allow themselves to declare war against the constitutional law of society. Our fathers, who were forced to resist the tory power of Great Britain, had all the old whig works in their hands, — those grand and masterly productions which the greatest and best minds of England had delivered on the subject of human rights — works written against those innovating despots and tyrants, who were determined to turn society upside down, and establish absolute and per- petual slavery. They quoted John Lock who said, when battling against the infamous Filmer, " a state of equality wherein all the power and jurisdiction is reciprocal, no one having more than another ... is the natural state of mankind . . . there beincr nothing more evident than that creatures of the same species and rank, promiscuously born to all the same advantages of nature, and the use of the same faculties, should also be equal one amongst another without subordi- nation or subjection." In 177-i, the Hon. 3Ir. Wilson, of Pennsylvania, published his noble work in defence of the colonies, in which he declares, " all men are, by nature, equal and free," and that " no one has a right to any * See his Works on Law, «S:c., vol. 3, pp. 205, 20€. 100 LETTERS TO authority over another without his consent."^ So De Witt Clinton, referring to the torj despotisms of the mother country, and the existence of slavery in the new world, asks :— " Have not prescription and precedent — patriarchal dominion — [which had been specially advocated by Filmer under the Stuarts, as well as the] divine right of kings and masters, been alternately called in to sanction the slavery of nations? And would not all the despotisms of the ancient and modern world have vanished into air, if the natural equality of mankind had been properly understood and practiced. . . . This declares that the same measure of justice ought to be measured out to all men, v^ ithout regard to adventitious inequalities, and the intellectual and phys- ical disparities which proceed from inexplicable causes.""^ Alexander Hamilton, in 1774, in defending the action of Congress of that year against the outrageous charges of an American tory, said to him, " the fundamental source of all your errors, sophisms, and false reasonings, is a total ignorance of the natural rights of mankind. Were you once to become acquainted with these, you could never entertain a thought, that all men are 7iot, by nature, entitled to equal privileges. You would be convinced that natural liberty is the gift of the beneficent Creator to the whole human race ; and that civil liberty is founded on thatj^^ But you, sirs, scout this great truth, and take sides with the impious tories of the revolution. 31ust not every thinking American of the present «y see, that to allow your school to control the nation, must inevitably result in its total ruin. If your doctrine subvert the fundamental law of all societies of men, how can American society en- dure under your crushing administration ? The law of human equality is written by the Almighty in the constitution of man. So said Hamilton, so said Franklin, so said Jay, so said Hancock, the Adamses, the noble Warren, and all the true whig patriots of the revolu- tion. But you deny this doctrine, and take sides with the enemies of America, against the fathers of the revolution. " The sacred rights of mankind are not to be rummaged for among old parchments or musty records," said Hamilton. * uSee liis Address, Dec. 24, 1797. t See Hamiltou's Works, vol. 2, p. 61. PRO-SLAVERY MEN. 101 *' they are written, as with a sunbeam, in the whole vol- ume of human nature, by the hand of the Divinity itself; and can never be erased or obscured by mortal power. "^ The House of Burgesses of Virginia, so early as 1765, acknowledged this fundamental law, in asserting the rights of the colonies, and it was afterwards incorporated into her constitution as the prime basis of civil association and gov- ernment. Was that all mockery ? It was effected in opposition to tory influence. Pennsylvania, also, in 1765, " Resolved that the constitu- tion of government in that province was founded on the natural rights of mankind .... and therefore is and ought to be perfectly free." Massachusetts in the same year passed like resolutions, and indeed every other colony north of Virginia. So also the committees from the several colonial assemblies, which met in New York on the 19th October of that year, (1765,) recognized the same eternal fundamental " law of liberty and equality." Indeed, sirs, how can you escape the infamy which must attach to you from the fact that the doctrines you uphold, and the measures you urge are identical in spirit with those detestable princples and measures of the tories of our fathers' days. You claim that a part of mankind were born to be the slaves of a privileged class. You assert that you have a right to appropriate the hard earnings of unfortunate men to your own use. In other words, you, as the tories, claim the power of taxing certain classes of men without their consent, and without allowing them any honest representa- tion in your councils. This is toryism complete. " That personal freedom is the natural right of every man," said the immortal Warren, " and that property, or an exclusive right to dispose of what he has honestly acquired by his own labor, necessarily arises therefrom, are truths that common sense has placed beyond the reach of contradic- tion. And no man, or body of men, can, without being guilty of flagrant injustice, claim a right to dispose of the persons or acquisitions of any other man or body of men, unless it can be proved that such a right has arisen from some compact between the parties^ in which it has been * See Hamilton's Work?, vol. 2, p. 80. 9* 102 LETTERS TO explicitly and freely granted." One hundred and nine days after Warren had uttered that declaration against slavery, he fell a noble martyr in its defence on Bunker Hill. Yet some of you boast that you will one day stand upon that spot with your slaves. It was a whig principle, adopted from the fundamental law of human rights, that " he who detains another by force in slavery, is always bound to prove his title." " The slave, or person claimed as a slave, must not be obliged to prove a negative, namely, that he never forfeited his lib- erty. But the violent possessor was bound to prove in all cases his title, against the original claims of the old pro- prietor — that is, the man himself. Each man is the origi- nal proprietor of his own liberty. The proof of his losing it is incumbent on the claimant."^^' " Without satisfaction given, permanent power assumed by force over the fortunes of others, must generally tend to the misery of the whole. .. . . . AVe must therefore conclude, that no endowments, natural or acquired, can give perfect right to assume power over others without their consent."! " All men," said the noble whig, Harrington, in the days of the Stuarts, " all men, naturally, are equal ; for though nature with a noble variety has made difi'erent features and lineaments of men, yet as to freedom, she has made every one alike, and given them the same desires."! The constitutional convention held in Ipswich, 29th April, 1778, declared that the benefi|s of government are greater or less, " according as government is more or less conformable to those principles of equal and impartial lib- erty which is the property of all men from their birth as the gift of the creation." " We are contending for free- dom," said these upright whig fathers ; " let us all be equally free. It is possible, it is just. Our interests [those of the blacks and whites] when candidly considered, are one. Let us have a constitution founded, not upon party prejudices — not one for to-daj", or tomorrow — but for posterity. Let Esto perpetua be its motto. If it be * Hutchinson's System of Moral Philosophy, Lond. 1755, vol. 2, B. 3, c. 3, sec. 6. See, also, " A short introduction to Moral Philusophy, in 3 Books, by Francis Hutchinson, LL. D., vol. 2, book 3, ch. 3, sec. Q. t Ibid, B 2, c. 5 I Harrington's Woiks, 3d ed., Lond. p. 11. PKO-SLAVERY MEN. 103 founded in gnod policy, it will be founded in justice and honesty. Let equal justice be done to all the members of community ; and we thereby imitate our common father. All men are born equally free ; the rights they possess at their births are equal, and of the same kind. Some of these rights are alienable, others inalienable, and can have no equivalent The slave receives no equivalent. Com- mon equity is opposed to his condition. These rights are to be clearly defined in a bill of rights previous to the rat- ification of any constitution. ''=^ When the Massachusetts constitution was adopted in 1780, as already hinted, the declaration that all men are born free and equal, was incorporated, " not merely," says Dr. Belknap, "as a moral or political truth, but with a par- ticular view to establish the liberation of the negroes on the general principle, and so it was understood by the people at large."! Thus was it recognized in Massachusetts on the adoption of her constitution that " Government de jure is a civil society of men, instituted and preserved upon the founda- tion of common right.'''X Harrington, who uttered the above, represents an illegitimate or bastard government, to be " an art whereby some few men, subject a city or nation, and rule it according to his or their private inter- ests^ Such a system was not to be permitted ; the people were bound to resist it, and overthrow it. And what other is your pretended government, but just this system of bastardy ; an oligarchy of slaveholders, which the Ameri- can people in the name of equal justice, and the rights of humanity, are bound to overthrow. There is not a free state constitution you have not trampled upon. The people are therefore bound to rout your whole force ; for " whatever alteration mankind may have made in regard to their original state, they cannot, without vio- lating their duty, break in upon that state of peace and society, in which nature has placed them, and which, by her laws, she has strongly recommended to their obser- * Keport of the committee of the Essex Co. Convent. Massachu- setts, 1778. t ]\h\ssachiisetts Hist. Coll., 1st Series, vol. 4, p. 203. j Harrington's Oceana, bee his Works, 3d Ed. 1767, p. 37. § Ibid, pp. 517, 520. 104 LETTERS TO vance."'^ In allowing you to carry out your pernicious principles, the people would be, subverting their own insti- tutions of freedom and justice, and submitting to be your slaves. I have already shown that your system of slavery is worse than that of the barbarians of Europe in the early periods of the Christian Era. Guizot says, " the principle that all men's lives are of equal worth in the eyes of the law, was established by the code of the Visigoths."! But your despotism denies this principle, and makes the life of those you hold as slaves, and of those who oppose slavery, of little more worth than the life of a dog. You traduce and villify those, who, like the true whigs of '76, are the firm friends of freedom, and the advocates of equal human rights. This is to be expected. But that you should be permitted to impose the most odious enact- ments upon the people in the name of law, in order to sup- port a system of oppression which is contrary to law, and justice, is a degradation to which the people of America cannot submit without overwhelming their own institutions with floods of corruption and disgrace. That " slavery is condemned by reason and the law of nature " has been decided even by the Supreme Court of Mississippi.! " Allegiance to that power which gives us the forms of men," said the eloquent Sheridan, commands us to maintain the rights of men ; and never yet was this truth dismissed from the human h^rt ; never, in any time, in any age ; never in any clime wnere rude man ever had any social feelings; never was this unextinguishable truth destroyed from the heart of man, placed as it is in the core and center of it by his Maker, that man was not made the property of man.^^\ The whigs of the American revolution, as already shown, * Burlamaqui, part 4, c. 1, § 4. t Guizot's riist. Europe, Civil, p. 81. Amer. ed., 1838. \ This declaration was given in 1818. See Walker's reports of cases &c., p. 42. Fletci er, the tory advocate of the South, a renegade North erner, says of this decision of the Mississippi court, it is " a false and sui cidal assertion, most unnecessarily and irrelevantly iiitroduced. See Fletc er's Le sons on Slavery, p. 392. ^ Sheridan before the Mouse of Lords in 1787, in the trial of Sir War- ren Hastings. Baron de Wolf advances the same principle. See Ob servat. sur le Traite du Droit de la Nat. de m. 1763. PRO-SLATERY MEN. 105 were opposed to slavery from the very nature of their principles, they based their political system on " Natural Law " — the " Higher Law " — the fundamental law of all legitimate society and government. I find this inculcated in hundreds of works published between ITGl and 1800, on the subject of government and human rights, great numbers of which directly attacked slavery. In short anti-slavery was the spirit of that period. Nor were there any who ventured to defend slavery in public. The distinct and emphatic manner in which the doctrine of ec(ual human rights was stated in its opposition to slav- ery, at that period, has already been shown. And here I may add the words of one of the leading whigs of Connecti- cut in that era : " That freedom is the sacred right of every man, whatever he his color ^ who has not forfeited it by some violation of municipal law, is a truth established by God himself in the very creation of human beings. No TIME, NO CIRCUMSTANCE, NO nUMAN POWER OR POLICY Can change the nature of this truth, nor repeal the fundamental laivs of society by ichich every mans right to liberty is guaranteed. The act therefore of enslaving men is always a violation of those great primary laws of society, by which alone the master himself holds every particle of liis own freedom."^ The same author speaking of the state of the public mind on the subject of slavery at that period says : — " The injus- tice of enslaving any part of the human race has been the subject of so much public discussion, and so generally ad- mitted by the inhabitants of Connecticut [he was at this time addressing them] that any attempt to prove it, would be a very ill compliment to the understanding of my fel- low-citizens. Nor could any efibrts of mine add novelty to the subject ; so numerous, elaborate and diffuse have been the essaj^s, and so powerful the eloquence employed in vindicating the violated rights of humanity, that language and rhetoric are exhausted."! Thus, it is seen by a cotemporary writer and one of the most learned men of New England, that in the year 1783, * See Effects of Slavery on Morals and Industry. By Noah Webster, 17S3. t Ibid p. 5. 106 LETTERS TO some four years after the adoption of the present Federal Constitution, the subject of slavery had been so thoroughly discussed, so openly denounced, and so generally admitted to be a gross yiolation of justice, the fundamental law of human society, that it had become quite common-place. From what I have shown, then, it is evident that slavery is whollv illeoral. It has always been illeo;al. It was con- trar}^ to law in Greece, in Rome, in all the nations of Europe duriuor the middle ases. It was abolished as illegal — as a monstrous sin — as at war with legitimate society and gov- ernment. Xegro slavery was set up by a corrupt papal power. It was sanctioned only by the despots of Europe in opposition to the law of civil society. It was introduced into the South, solely under the favor of tory despotism. The English law condemned it. Positive law could never be made to sanction it. It exists at the present moment in the South against law. The civil power of the Southern states — what civil power there is — has never been able to establish this infamous institution. This has been acknowledged by Senator Mason, of Vir- ginia. " If it be required" said he " that proof shall be brought, that slavery is established by existing laws, it is impossible to comply with the requisition, for no such proof can be produced, I apprehend, in any of the slave states. I am not aware that there is a single state in which the institution is established by positive law.'""^ Yet you pretend that slavery is sanctioned by the Feder- al Constitution. You say that our fathers in adopting that instrument, established slavery, and bound themselves and their children, and their children's children to support it. Infamous libel ! — Has it not been shown that that is not law, that is not just? That that cannot bind that does not justly oblige ? — that government, as ordained of God and instituted by the people, is for the protection of the abso- lute rights of human nature? — that, for government to at- tempt to establish slavery, is to abrogate itself, and to com- mit suicide ? Your theory then abolishes government, overthrows so- ciety, makes war upon the people, sets up despotism, crushes * See Mason's Speech in the U. S. Senate 19th Ang. 1850. las. 1(#7 tkn to -. ri I JJiej i^iiiie tisTerj ? L>:i jj. assert, : Eiaray, it is 1 : 1. in X - - . -i4