YALE UNIVERSITY LIBRARY SOUTHERN SLAVERY GONSIDEEED GENERAL PRINCIPLES. Hi' 0. murphy's son, printer, 66 FCLTON STREET, NKW-TOHK. SOUTHERN SLAVERY aox OK GENERAL PRINCIPLES ¦OB, % Staple toit^ l^tetrat&nisfs. BY A NOET? OAEOLINIAN. NEW YORK: D. MURPHY'S SON, PRINTER, 65 FULTON STREET. 186L . C ZO SOUTHERN SLAVERY CONSIDERED ON "All men are horn free and equal," says the Declaration of Ameri can Independence. The intention of the instruraent is simply to affirm that, as all were originally "free and equal," their freedom or equality ¦ could not be destroyed except on sufficient reason ; that, independent of controlling circumstances, it could not be taken away at all, — or to use thc term in thc instrument itself, was "inahenable." It would argue, therefore, that every people, nation, kingdora and state, in its normal condition, is free from, and independent o.", every other, and prima facie, equally entitled to the right of self-government. Hence, that the interests of one community are not to be advanced at the ex pense of another without cogent and unavoidable reasons ; and that, ¦ under the same circumstances, the same measure of freedom and equality belongs to one as to another. Thence proceeding to an appli cation of the principle, the Declaration would assert, that no circum stances existed, which necessitated depriving the people of tlio colo nies of any rights, which appertained to thc people of England. The proposition, in its application to thc internal government of society, in like manner, expresses what is true, only in an original or abstract sense — that is to say, true apart, or abstracted from, all circum stances, that might in any way control, alter or modify the principle ; which is all that is meant when wc say that a thing is abstractly truc. For example, a man qommits a crime, and we straightway take away both his freedom and equality : and why ? because thc crime is a con trolling circumstance, which, by endangering the peace and good order of society, h.as thrown us upon our right of self-defence. The ca.se, therefore, has ceased to be an aibstract one, and we cease to apply to it an abstract principle. Wc judge of it now with a view to the con trolling circumstance which has entered into it, and we act accordingly. It is evident, then, if our action be right, that what is abstractly tru« may be concretely false ; that is, false, when controlling circumstances come in to alter or niodify the abstract case. To give another illus tration : I havc no abstract right to peril the life which Heaven has lent mc in a burning building ; but if it be to save a fellow creature, I not only acquire the right, but it becomes my duty. And thu3, what was wrong in the abstract, becomes at another time both a right and a duty. To act conscientiously, therefore, requires an enlightened view of each and every controlling circumstance, which from time to time may enter into a question and destroy its abstract nature. Fur ther instances might be multiplied, which to some minds, perhaps, may be more forcible than those already given. But I am only aiTirm- ming the old saying, that "circumstances alter cases;" and clearly the abstract is one case, and the concrete quite another. Thc inability to distinguish between the two, is the peculiar failing of the human intellect, exhibited in greater degree in v/eak, illoglc.:.! minds, or imaginative and im]ias3ioned teinperarnonts. We naturally look for errors of this sort among novelists, poets and impulsive orators ; also among young people and enthusiasts. Those thinkers are rare, who are able to take into comprehensive view all thc circumstances of the several cases as thoy arise, and to form their judgment, not from an abstract principle alone, but from a due estiraate of thc influence and bearing of all the facts in each particular case. Such men tower up at once above their follows, and are recognized as tho wise and prudent of tho earth. If statesmen, they are appropriately called the men for the times. In opposition to them, are the whole tribe of petty politi cians, hasty reasoners and wild abstractionists, who, failing to perceive the difference betvveen questions abstractly considered, and when brought into juxtaposition with controlling circumstances, incline of course to narrow-mindedness, fanaticism and intolerance. Abstractionists at all times are the bane of society ; and the common prejudice against them is just and natural. They are sometimes known as one-idea people, from the pertinacity with which they cling to, and attempt to carry out, their one abstract idea, amid the constantly changing phases of life. Of facts or circumstances that destroy the abstract cliaracter of propositions, and necessitate new rules of action, they are perfectly oblivious. They will even deny point blank their possible existence. Sooner or later, this ardent faith in abstractions carries its possessors into all tho isms of their day. Such men were the genius and soul of the French Eevolution. They bid fair to be come, in like manner, the pestilential gang that shall bring destruction to the greatness and liberties of America. With regard to the question of the freedom and equality of man, these persons forget, that it is one thing to regard man abstract!}' tuS an individual, aud quite another to consider him concretely as a member of society. If, for example, instead of in abstract cases, or without good and sufficient reason, as our Declaration of Independence affirms, it be asserted that liberty and the other righta referred to are absolutely 'inalienable;" if in fact mankind are perfectly free and equal under all circurastances ; of course no government could have thc contrary right of marring their perfect freedom and equality in the least respect or for any occasion. Therefore, no duties should be imposed, no taxes levied, and no one elevated to bear rule over his fellows. E.ach should be free to import and to export, and to enjoy equally his portion of this world and its goods ; and all exclusive and unequal rights of property ought to be taken away. The liberty and political status of criminals, in like manner, should be left untouched. But the condition to which society would be reduced by this attempt to carry out abstract princi ples into consistent practice, must stagger thc faith even of a Alidship- man Easy. Clearly then, when mankind enter into social relations, ."-.nd irapose upon themselves the wholesome rcstriiuts of social order, tlicy a.-f no longer in an nbstract condition. Obedience to tho great duty of self- preservation, and of mutual protection and convenience, has driven them from thc maintenance of their abstract rights ; and they subrait to the necessity of government and law J grateful, indeed, that their Maker has so ordained it. They are satisfied, nay obliged, to surrender a portion of their abstract freedom and equality, in exchange for the great blessings of security and protection. But a thing cannot be claimed and surrendered at the same time : and our abstract rights, or a portion of them, being thus nfecessarily surrendered, we can no longer fall back upon rhem^ and demand their recognition, and that too to the full measure and extent. Controlling circumstances must be kept in view ; those, namely, which have caused Heaven mercifully to ordain governments for the good of man. And what are they ? The want of security, the necessity of protection, tho instinct of self-preservation, and also mutual convenience. So far forth, then, as these controlling circumstances have forced us from an abstract condition, to that full e.xtent do abstract principles and rights cease to have an application. In short, the question ia not, what is my abstract right? but how much of it have I surrendered? what Jid I surrender it for ? have I fully obtained raj object ? has thu sur render been too much or too little for the purpose ? If clcnrly too much, then I deraand back that portion which was unnecessarily sur rendered : for I have received no equivalent therefor ; and i havc no right to throw away any of God's gifts. I can only yield tliem up .or motives which He would approve. He approves of forboarancj, in deed; and I will practice it, therefore, until forbearance shall ccuse to be a virtue. Then, however, but not till then, will I hold my liberties to be " inalienable ;" for thea, there will be no controlling circumstar.cc-i in the case, and abstract principles will of courso apply. But if, on the other hand, society is in a stato of anarchy, or is in danger of becoming so, my end has not been obtained; and the general good demands of mc perhaps a still greater surrender. If so, with a conscientious view to all the circumstances of thc case, and not basing my judgment upon abstractions alone, I will endeavor to make whatever sacrifices patriotism and my duty to my neighbor require of me. And, after the manner of St. Paul, " my answer to them that do ex amine me is this :" " Am I not free ?" " Havc I not," abstractly speaking, "the power" to do this, or that, or the other? "Nevertheless, I have not used this hberty." ' For necessity is laid upon me" by thc con troHing circumstances of the case ; and I must ronder unto Cesar the things that are Cesar's. "Yea, wo is unto me," and to my neighbor, and to my country, if I obey not my conscience in this matter. "For, brethren, yc havc been called unto liberty ; only use not liberty for an occasion to the flesh, but by love serve ono anotlier." Let us apply these principles. And first, with regard to ourselves. Are we maintaining or carrying out tibstrnctions, which arc tending lo the overthrow of government, the breaking up of society, the destruc tion of its peace and good order, the bringing in of anarchy and ruin ? Clearly wc ought to surrender these abstractions. The general good requires the sacrifice, and it should be patriotically laid upon the altar. In doing so, we surrender no more than all men necessarily do in the eoci.al relation ; namely, give up a portion of their abstract liberty of action, in exchange for the blessings of good government, and to avert from them anarchy and ruin. But if it be a dutj-, let it be done in all humility. Let us not defer it through pride, or strife, or vain glory. And next, with regard to the slaves at the South. Is a greater surrender of abstract rights on their jiart enforced, than is necessitated by the controlling circumstances of the case? Ah! remember, that it is one thing for a person to answer this question in the quiet security of his doraestic circle at the North, and quite another to live at the South, surrounded by the dear raembers of his family, and run the risk of having it answered for him, in a way that would appal his heart, however br.ave and noble its instincts. The peace of those beloved ones, if not the good of his country, and ©f thc ignorant blacks them selves, would make him pause and ponder well, before removing from them the least restraint, which maddened abstractionists migia dictate, lest he should thereby only expose more and more their unreflecting minds to the poisonous influences of his enemies. Indeed, if the people of the North acknowledge tiie right of soif- government, and the equality of the States in regard to their owa domestic affairs, clearly the determining, of this c|uestion belongs, not tb them, but to the people of tho South only. And they have deter* mined it ; and their wisest, purest, most humane, and most generous- hearted men agree in the determination. Those at a distance, who have not the opportunity of seeing daily all the controlling circum stances of tho case, should have tho charity, if not tho modesty, to allow, that so great a unanimity of sentiment among the wise and good mon of the South, is strong proof that the question has been determined by thom wisely and well. The fact is, if man in tho social state necessarily surrenders a portion of his individual rights, in order to obtain greater security and protec tion for the remainder, then the best form of human government is not that which is the most lax, or which exercises tho least restraint upon the governed, or, in other words, which offers tho most freedom, but the one that secures as much as is consistent with the actual circum stances of the case — ^in short, the one which most exactly adapts and proportions the amount of surrendered freedom, to the needed amount of security and protection. Hence, the respective forms of good gov emment will be as diverse as are the different circumstances to which they are to be applied. As men rise in elevation of character, purity of morals, industry, and an enlightened appreciation of their social duties, the measure of surrender needed of them becomes proportiona bly less and less ; and the greater their inferiority as a race or peo ple, or the further they recede into barbarism, fanaticism, ignorance or vice the greater will be the amount of individual rights necessary to be surrendered by them to ensure peace and good order to the com munity. Whether a government should therefore be a republic, a monarchy or an absolutism, depends entirely upon the condition of the people to be governed. In like manner, whether different races in the same community should enjoy equal political or social rights, depends likewise upon their relative condition and circumstances. I have heard some people argue, that the negroes were in the first place wrongly and unnecessarily forced into slavery. Hence, they conclude, keeping them therein is a continuation of the wron^- : and two wrongs cannot make a right. The fallacy of the argumant will be apparent from a parallel illustration. One mau makes another drunk, or drives him crazy, and then confines him in my house, without my consent. The argument is, that as the original causo which led to the confinement was wrong, I cannot in good conscience continue it, but am bound in justice to set the drunkard or lunatic instantly free, how ever injurious it be to the unfortmiate fellow himself, and however much it may endanger the peace or safety of my family. The argu ment assumes the continuance of slavery to be wrong, as well as the cause of its existence. It assumes, therefore, the very question ia 8' 1 dispute, and is a palpable begging of that question. Two wrongs cannot indeed make a right ; but wo deny that they have shown two wrongs. One of tho two is both a necessity and a duty. Tho fact is, necessity knows no law ; and when a man is unavoidably boset by stubborn facts, he is compelled to deal with them. His duty sternly requires it, and he can only repent of causes. Indeed, selfish man is suro to act practically, whon a matter affects his personal inter- osts or safety— he indulges in abstractions, only when it concerns tho peace or welfare of his neighbors. If then, my reasoning bo correct, the business of government is with the actual facts of each particular case, — not with tho cansts that led to or produced those fact.-). Tho measure of surrender of abstract rights required of a people, is determined, not by the causes of their ignor.nnco, flinaticism, degradation or barbarism, but by the .actual ex tent to which those causes have operated — in plain words, by the precise amount of that ignorance, fanaticism, degradation or barbarism. It makes no difference, therefore, by what course of wrong and oppres sion a people may havo been brought to the necessity of greater sub jection. For the fact that a controlling circumstance was wrongly brought about, docs not make it any the less a controlling circumstance. If the necessity exists, it is enough to justify the greater subjection, and tliis, without lessening in any degree the moral obliquity of those, who originall J' caused the unpalatable necessity. The aim of the patriot, of the good citizen, of the conscientious ma;i, should therefore simply be, to see that there shall bs the least amount of surrender required, under the actual circumstances of the case, in. exchange for the greatest amount of security and protection. If, in any way, consistently with the public good, he can elevate his fellow creatures as a whole, so as to render them capable of enjoying greater and greater privileges, it is his duty to do so; and whenever he assuredly finds a people or race, as a whole, elevated to a degree be yond the privileges which they enjoy, it becoraes then his duty to restore such a measure of abstract, individual freedom, as may be com mensurate to their additional elevation ; always taking care, however, to avoid hasty action, and very great and sudden changes — in other words, to be fully confident of thc additional elevation and qualifications of the people or race, before elevating their social condition. Exactly to fulfil one's duty in these respects, would be to preserve that even balance between conservatism and progress, which is the con stant aim of a good govemment, and of great and conscientious states men. And it is precisely our mode of dealing with our children. Thus, in the earliest periods of existence, however they may be abstractly "bom," they are necessarily wholly deprived of liberty. But we begin straightway that systematic training, which shall qualify them for the enjoyment of higher and higher privileges. As they grow up to be boys and giris, they may be allowed to run a little about tho streets at their pleasure, but it is always under some restraint, more or less, according to the character and circumstances of the children, and the good or lax government of the parents. And it is only when they attain to the full vigor and maturity of manhood and womanhood, that we extend to them equal privileges with ourselves. It is nature's own teaching, coming down to us in that patriarchal form, which was the p'rimeval origin of all government. And who, forsooth, talks to children about their abstract rights ? yet if they are "born free and equal," and no controlling circumstance can affect what 13 abstractly right, why do We not allow them their boasted freedom and equality ? The truth is, that as no two faces can bo ' found, exactly alike in all respects, so no two human beings, perhaps, ever were bora into this concrete world of ours, exactlj- the equals of each other morally, intellectually, or physically. Some are born -ivith minds to govern, others with bodies to labor. The law of our fallen nature has worked out for us this necessary inequality, along with all the other ills that flesh is heir to ; and the pride of man must bend, with reverent submission, before the awful penalties of Heaven's violated law. If, indeed, we could suppose a whole race to be born at once, all full grown men — perfect in every respect — in wisdom, for instance, like Minerva from the brain of Jove — without the least taint of human frailty — Gloving God, and each other, with all their hearts — performing, and ready to perform, every duty, which that love requires ; — then, perhaps, we could prate to the full about abstract rights ; for tlien, the race would be affected by no controlling circumstances, such as infancy, ignorance, infirmity, depravity, and the like, to mar the abstract prin ciple of perfect equality. Such a race, like the angels of Heaven, would need no other government, than the moral government of their , Maker : for they would be . a law unto themselves. Nor are we to suppose that Heaven would ordain for them a civil government ; for rulers are not a terror to good works, but to the evil. They ought, therefore, to be bound by none ; and hence, would be born perfectly free as well as equal. And the nearer a racC attains to this perfect standard, that is to say, the more removed it is from the influence of controlling circumstances, the nearer we are to the realization of the abstraction ; and the 'greater, therefore, will be the freedom and equality to which the members of such a race will be entitled. Hence, the only application that the principle will bear to our imperfect condition, is simply this; that freedora and equality, in any particular, ought aot 2 10 to be taken aWay without good and sufficient reason; and that, so long as the circumstances are equal, thc measure of freedom and equality, to whicli each race is entitled, is also equal, and is neither more nor less, in any case, than is suitable to those circumstances. Slavery, then, cannot be called unjiist, simply because it interferes with freedom, or equality, or any other abstract right of man ; provided there be any controlling circumstances connected with thc existence of the institution to justify it. Indeed, as has been shown, if wc assume that we may never interfere with thc free will of another, to be logical and consistent, we raust take ground against every human law whatso ever. The laws of property, thc tariff laws, tho tax laws, thc laws to compel witnesses to give testimony, and otherwise to ensure the ad ministration of justice, the criminal laws too, all interfere with freedom of will and of action. And yet wc justify them, separately and collec tively. And why ? because we consider them necessary to the peace, good order, protection or welfare of society. But if freedom may bo interfered with in sorae cases, and to the full extent that it may be necessary to thc peace or welfare of society, why not in others? Would society be equally protected, good order as surely prevail, and no disturbances of the peace ever arise, if four mil lions of an ignorant, inferior race were suddenly turned loose to shift for themselves, who had previously never been accustomed to have a care for the morrow? Would it not be far safer, and just as humane, to turn an equal lot of our boys and girls into the streets, instead of compelling the little, happy, thoughtless ones, to keep on servuig their fathers and mothers, just the same, whether they be harsh or gen- ' tie? The cases are more analagous even, than at first sight might appear. For, until children arrive at the age of twenty-one, their parents have the entire property and control of their services and persons, and may inflict corporal or other punishment upon them ; and they are protected in these rights, by the laws of every civilized nation on the globe. Nay, by the system of apprenticeship, or that of guardianship, they may convey these rights to others : And they may bring suit at law, and recover damages, for any violation of these rights of property in the services or persons of their children. To all intents and purposes, therefore, children, duiing minority, are under the same legal subjection as slaves. Hence, the language of St. Paul, "that the heir, as long as he is a child, differeth nothing from a servant, though he be lord of ail." , The principle is the same; only the thing is called by another name. In both cases, the peace, good order and welfare of society are alone consulted. Indeed, in point of fact, slavery is to be justified or condemned, on precisely the same rules with all other human laws and institutions, 11 not even the punishment of crime excepted. TIio samo arguments that arc used in support of any one, apply with equal cogency to the othera. The measure of severity with which each is to be enforced, depends also on precisely the samo principles. And these principles are tlie necessity or controlling circumstances of the case. As, however, tho right to deprive a crimin.al ofhis freedora is universally adraitted, and as some^ might be disposed to think, that the alienation of "inalienable liberty," in this case at least, grows out of a right ofthe government to punish for moral offences, and therefore is not applicable to the case of a elave, who has committed.no crime, I propose to consider the founda tion of the criminal code more at length, and to show th.at it lias pre. ciscly the same foundation with the slave code, as well ns with all othor codes and. laws of human government. Whence, then, docs government derive ,tho right of punishing crim- inals ? The believer in revealed truth tells us from Gon ; and tho philosopher says, from tho neces,sity of providing for thc mutual defence, convenience and welfare. This, says he, is tho first and great duty of human society, and constitutes tho motive, aim and origin of all human government. Both the believer and the philosopher are right. While the one has contented himself with giving the Great Source of this, as of all other power, the othor has gone further, and defined the extent of the power derived from that Source. Tho believ ing philosoplier tells us, therefore, that God has not given to finite man infinite power, but that it has a limit ; that human government is the minister of God to us for good ; and that, as it clearly can never claim a divino riglit to do wrong, so neither can it exercise any greater power, whether by constitutions, "powers," "principalities" or "magis trates," than is necessary for the general good. Whatever is fitting to be done to ensure tho peace, good order, protection or welfare of society, comes within the province of human government. Whatever is unnecessary to, or militates against, these ends, is usurpation and tyranny. Murder, theft, public drunkenness, (not private,) and the like, are therefore offences, of which human tribunals take cognizance, and against the commission of which, they have a power derived from God to protect society. Observe, however, that they do not punish tho criminal, because he has been guilty of a moral offence, no matter how gross it may havo been, but only to deter him and others from the commission of offences, which endanger tlie peace of society. Govemment may 'qj its penal code warn,' but never pimi.sh, in the strict signification of the word. It would be strange, indeed, if sinful man could claim the right to pasa judgment upon, and to punish, the sins of his fellows ! No I " Vengeance is Mine, I will repay, saith the LoBD," The laws of Goi. 12 aro too pure, too wise, too holy, to be enforced by fallen creatures ; and the Great Creator and Legislator of tho Universe, is also the Judgo of all the earth. The right to meet out justice for each and ovory moral transgression, is reserved to Himself alone. As for cor rupt and puny man, ho is solemnly forbidden to judgo his brother at all, lest he himscif should in hke manner be judged. If, therefore, he will venture to cry out against the sins of his brother, it can only be in tho language of the Psalmist, " Thou God, to Whom vengeance belongeth, show Thyself." But, although the Creator has conferred upon mcn^ no juriadiction over moral offonce?, and Himself only enforces His great first law of love, which includes the whole moral code. He has nevertheless given to mankind all powers necessary to their mutu.al defence and temporal welfare; and, to ensure a wiser and more faithful exercise of these powers, has ordained governments, which shall be the ministers to us for good, having for their objects the peace, good order, protection and welfare of all. Hence, not the higher law of lovo, nor its subordinate law of morals, but thc mutual defence and temporal ^i-clfare are the first great laws of society, and the only divinely laid foundations of human government; and on these first laws all others "hang," and to enforce them all others are made. Every enactment, which truly tends to pro mote these objects, lies within the scope and power of human govern ment, and has for its sanction the will of God ; and proud man, with all his boasted abstract rights and privileges, must bow the neck in humble obedience. On the other hand, any enactment, which ii.^s not these objects in view, is a usurpation, even though it be in direct affirm ance of the higher law of God. For, even if it were possible, man has no right to force a sinner to righteousness, and may neither compel his brother to obey God's law, nor rightfully punish his disobedience. On the contrary, the Great Maker of that law expressly declares, that His service shall ba a free-will offering ; and governments, as well as individuals, must abide by the declaration. In short, civil government, being only intended to minister to the good of man on earth, can claim no right to deal with crime per se, or apart from the temporal peace or welfare of society. If this be not disturbed, the government is com pelled to suffer, as it cannot help, the degenerac}', corruption, and fallen condition of raan. Nay ! like Moses of old, for the hardness of men's hearts, it must often consent to, and regulate, (though it may never command,) practices, which are undoubted crimes, and as such utterly abhorrent to the pure law of God. When, therefore, the question is purely one of morality or religion, and does not affect the peace or welfare of society, the Creator suffers no controlling circumstance to alter or modify our abstract freedom of 13 will, and we remain, as we were lorn, "free and equal." Any inter ference, in fact, by government in matters pertaining to the soul, or its eternal condition, would bo a most dangerous usurpation, and an un qualified tyranny. Hence, the common saying, that "every man has a right to serve God according to the dictates of his own conscience." Not, indeed, that a man may refuse to hear the voice of his Maker, say ing, "This is the way, walk ye in it;" or that he is right in choosing any other than the divinely appointed way ; but simply, that he has a social right to follow his own conscience, independent of all coercion from individuals or governments. If alas ! he be too perverse to servo God at all, or choose to serve Hira according to the dictates of a per verted conscience, no man or government may interfere in any compul sory manner, so long as the peace or welfare of society is not disturbed. The right to choose rests with the individual, and with hira also the dread responsibility. Perhaps, in no period of the world's history, has the free-will and in dependent, though fearful, responsibility of individuals, in purely divine matters, been fully recognized and acted upon. Again and again, have the governments of the past attempted the enforcement of moral and religious duties; but only that bloody wars and bitter persecutions might attest the folly and wickedness of those, who presume to usurp power which God Himself has withheld from them, and has left to the free will of the individual man. The authority of human government is then limited and defined. It does not interfere, in the least, with God's exclusive sovereignty in the moral kingdom, but is delegated by him for other purposes and objects. It was not, therefore, because man was sinful, but because his sins interfered with the peace of his neighbor— not because he offended God, but because he endangered man— that " the powers that be are ordained of God." Hence, "Thou shalt not steal," is the law of hu man government, in order simply to protect society, and not in any sense to affirm God's law, or because it is a moral offence to steal. And so of the rest of the criminal code. But, though the powers that be are divinely ordained, solely for the mutual defence and temporal welfare of humanity, and are thus limited in their nature and operation, still, of course, to carry out the purposes and objects for which they were ordained, those powers are ample, and sufficient to cover every necessity. Hence, however inahenable the rights of man are in- abstract cases, governments nghtfuliy mar, and continually do, take away life, liberty, and thepursmt of temporal hap piness—yea! free speech, and the control of one's own person and ser vices or any other abstract right of man, whenever the peace, good order, protection, or welfare of society, reaUy becomes so endangered as to u necessitate such measures. And so, at one time, men nro cither butchered by wholesale, or taken prisoners, iu bloody wars ; and, at another, citizens are shot down as rioters or rebels : Now, society h.angs the murderer ; and again, it immures thc highwayman in prison walls, totally depriving him of liberty, and compelling him to labor as a slave for life, in tho meanest and strictest of all bondage. And all these actions are just, and have the Divine Sanction, provided only, they be really necessary to the protection or welfare of society. So far from being sins, they in such cases become duticF. But if tlicy be unneces sary to such protection or welfare, no moral guilt, wliethcr of nations or criminals, will justify them in the slightest dcgvc'-;. Vongcancc belongeth unto God, and He will repay. It is not crime, therefore, per .sc, it is not the moral offence, in any senso, tliat justifies the taking away of life, liberty, or any other abstract right of ni.in, by hia fel lows, but only tho protection or welfare of society. It is app.arent, then, if slavery becomes, under any circumstance^, iu like manner necessary to tho peace, good order, protection or welfare of society, it rests on precisely tho same grounds, and is equally justi fiable, with all other acts of human govemment, not even the taking away of the liberty of criminals excepted. Nay, moreover, if tlie one be in any sense a duty, the other is also. So that, in fact, instead of beinn- a great moral wrong, under certain circumstances the sin would be, not in keeping z, race in slavery, but in setting it free ; just as, in the cases put above, it would be highly reprehensible to give freedom to the drunkard or lunatic, and thereby endanger the safety of the poor fellow himscif, and of others in his vicinity, whom it was our duty to protect. The reader will observe, in fact, thai; tlic argument is ofthe aforiiore kind. For, if the taking away even of life, or the immuring of a raan in a state prison, at hard labor, all his days, is, because necessary to the protection and welfare of society, a power belonging to haman government, and received from God, much more, if the same necessity exists, is the milder deprivation of"' abstract rights, in the ca.t of the negro," who can still walk the green fields, and enjoy the refreshing breezes and glorious sunshine, in happiness and content. It is not my intention, in this article, to bring out to view the con trolling circumstances that justify slavery as it exists in our country. Those controlling circumstances are patent, and very generally admitted. I have, therefore, confined myself to general reasoning; simply endeav- orinK to show, that if such controlling circumstances do exis., then slavery becomes as justifiable as any other human lawyer institu'aou whatsoever; and that all alike depend upon the Divme ^anc.ion, and on the same principle. I am persuaded, that no reader, fuhy aware of 16 the facts, can acknowledge tho correctness of the abovo reasoning, without inevitably, and by a logical necessity, coraing to thc conclusion, that the institution of slavery in the Soutli ia, as a whole, both just and humane. I know that it is sometimes abused to purposes of oppression and vice ; for what institution among frail human beings is not ? but I have yet to learn that the abuse of a thing is any argument against its use — except, perhaps, among feraale novelists and reverend sensation orators. The divine institutions of husband and wifc, and parent and child, aro, in like manner, liable to abuse, and are abused ; yet what ono of us is so presumptuous, as to reproach the Divine Law-giver for ordaining those abused institutions, however much we condemn thc guilty creatures, who thw.art His bencficicnt purposes, and take advantage of His holy ordinances, for their own unhallowed ends. I am aware that there arc selfish, wicked, harsh and cruel masters; and I am aware, also, that there arc many, very many, selfish, wicked, harsh and cruel husbands, aye! and even parents. I rejoice to know, iio\''evcr, that tho majority of husbands and wive.', and parents and children, learn, from those very relations themselves, to be unselfish, pure, mild and benevolent beings : and I bless our Great Creator for His benign in stitutions, while I condemn, all the more, the hard-hearted creatures, upon whom His goodness and mercy will make no impression, and who receive His daily blessings only to abuse them. But, if the institutions of the Wisest and Hohest of beings become, .with some of His fallen creatures, only additional means of gratifying their wicked natures, surely we must not expect it otherwise with tho institutions of those fallen creatures themselves, however wise or bo- nicrn, upon thc whole, they may be. If I find, therefore, that most masters are not selfish, or wicked, or harsh, or cruel, but, on the con trary, out of the domestic character of the very institution of slavery itself, derive a sort of patriarchal interest in the happiness of their servants, thus bound to thera for life, and, by a mild and generous treatme;t, are ever seeking to gain the good-will, affection and laithful ser.-ices of those servants; and that it is their interest to do so , and that even a great deal of the rigor which may be exercised by sc..th- ^ mirers i^ on the whole, necessary to preserve their servan. from idleness and degradation, and also society from anarchy and rmn-am i to re roach the institution, or those who uphold it, because some bad m n aluse it, and are too hard hearted, to be influenced by its patna - Il «; ? And if, further, I find the sWes, as a class f^e fr. care, contented and happy-yea! happier ^^^^^ ^^l^^;;] ^'lobe- and drawers of water of any other country on the face of the .lobe 16 and, in fact, that tho slaves of the more rigorous masters are better, more elevated and happier, than those of tho more lenient, am I, in turn, to be reproached, for believing an institution which acts thus benignly to be humane, and aptly adapted to the circumstances and condition of the blacks ? It is a very common fallacy, to speak of the civilized world as so far advanced since the periods during which the Bible allowed of slavery, that, however merciful and bencficicnt a provision, it is confessed to have been, for the spiritual elevation of the heathen nations of thoso periods, modern civilization and progress, will not brook it : and that it is manifestly wrong and improper, to uphold the instilution a,<;aiii8t thc sentiment of the civilized world. Now, apart from the arrogance of considering thc corrupt civilized world, as moro advanced than faithful Abraham, who was called the friend of God, people ra.ake tho strange mistake of talking, as if it ^vore tho civihzed world itself, or a portion of it, that was enslaved, instead of the barbarous Africans, whose degradation and heathenism calls for the tutelage of the domestic institution, fully as much as ever did the Canaanites of old. If, therefore, it were true, that the civilized world is so far in advance ofthe holy patriarchs, that would only be an additional argument in favor of African slavery, that thus the inferior race might be mercifully brought under the beneficient influences of so superior a civilization, and might receive the greater care and tenderer considera tion, that would naturally result from actual contact and relationship with it. Modern civilization and progress not brook slavery, indeed I Then modem civilization and progress is but of doubtful virtue, and selfishly seeks its own advancement alone, regardless of the degradation of those by whom it is surrounded. And thus, while vaunting its supe riority even over "the father ofthe faithful," basely shirks the irksome duty of elevating and civiUzing inferior races, on the ground of that very civilization, which makes the duty of greater force I Thus did not Abraham. And here let me expose another common fallacy of caUing slavery a necessary evil, which ought not to be extended. There is an evil in the case, to be sure, and against its further progress, we ought, indeed, to labor. It is is not slavery, however, but the fall of man, and the ignorance, barbarism, fanaticism and depravity, consequent thereupon. To these miserable wounds, remedies must be applied. And the in stitution of master and slave is rather one of these necessary remedies, whereby faUen, degraded man is to be educated and elevated, and his best interests promoted. As well, therefore, might we call schools for the ignorant, medicine for the sick, and gorernment for the lawless. 17 necessary evils, and argue solemnly against their extension, instead of praising them a» among our best blessings, and laboring to extend more and moro their beneficial influences amongst us 1 When children, indeed, are no longer ignorant, wo will not send thera to school ; when all men arc well, we will not give th9m medicine ; and when millenium days havc come, .and the kingdom of Christ is fully set up among men, its holy, happy citizens may, pcriiaps, solely enjoy tho spiritual gov ernment of their Maker. In like manner, when science shall havo rid mankind of the necessity for hewers of wood and drawers of water, and tho negroes of the South shall havc become (if ever) in morals, civilization, and an enlightened appreciation of their social dutins, the equals of the whites, they will no longer be kept under thc tutelage of slavery. Meanwhile, however, to make their tutelage more beneficent and effectual, the more of the white race they arc diffused amongst the better, provided they still occupy their dependent relation ; and he is no true friend to thc negro of the South, nor to thc white man either, who selfishly opposes tho extension of the institution into any territory, iuto which Divine Providence permits it to enter and thrive. An inspired apostle has consoled such of the more elevated white slaves ofhis day, as were also servants of God, with the reflection that they were the Lord's freemen ; and directed thera, not to care because of their enslaved condition, but to abide in the calling, though so low it be, in the which they wero called : and this, notwithstanding their sufficient elevation, aided by the ennobling influences of Christianity, to use freedom rather, if a just opportunity were offered. (1 Cor. vii. 21.) This was thc true doctrine of progress, hallowed by a raild conser vatism, and a wise and noble forbearance ; and tended to the peace and welfare of society, rather than to its overthrow. But hov; much more im portant and necessary is this yielding up of abstract rights, for his own and the public good, on the part of the ignorant and degraded negro I Indeed, in cases where the salvation, temporal or eternal, of the mem bers of an inferior race, depends upon a life of constant bodily toil, in the lowest grades of society, the condition of domestic servitude seems to me necessarily the best; inasmuch as it frees the laborer from pressing cares of a temporal nature, providea him ^-^•ith i,i)oso comforts and necessaries, which are the great sources of contentment, espe cially in feeble capacities, and, at the samo tirae, puts a wholesome check upon his more developed animal propensities, by employing both his mind and body, in moderate, simple and cheerful labor. Eoman slavery, at any rate, in the days of St. Paul, was not incom patible with tho true interests and spiritual freedom of the white bonu- raan — and much less is American 8laVe:;?y now with thoae of the negro. Indeed, the latter, oven iti an ea?thly seusC} In comparison with tho 3 18 white laborer ofthe North, is practically, if not tlicorctically, the freer man. For his raind is not so wholly har.asscd, nor his. .body so inevitably subjected lo constant toil, to satisfy thc pressing demands of cruel necessity, and that sternest of master.s, daily hunger. And even in times of commercial .and fin.ancial distress, he is not, like other laborers, suddenly thrown from his employment, and left to beggary and starva tion : but production continues to go on the same as over, and thc interests of thc individual and of the community .are equally prosorvod. And when, through sickness or calamity, the master has been brought low, the master suffers, but his slave is necessarily disposed of to another who is .able to provide for him. If the slave himself becomes ¦ sick, or aged, or infirra, or blind, or maimed, instead of being left to the cold and uncertain charities of the worid, he is kindly nursed and his wants supplied. Indeed, I think that provision is very generally made by the statutes of Southern States for the aged and infirm slaves of an estate, before the children and heirs at-law can come in for their portions. And as for the involuntary separation of slave families, of which so much' is said, I venture, confidently to affirm, that there are far more involuntary scp.arations daily taking place among the poor white families of the North I and in these latter cases, the desponding laborer goes forth with a weight of anxiety as to his future subsistence beclouding his brow, in addition to the pain of separation oppressing his heart. Moreover, at the South, slave families are constantly kept together from compassionate motives ; while, at the North, the benevo lent hand is stretched out to aid emigrations from the heavily burdened laboring family, rather than to preserve its domestic unity. Involmi- tary separations belong, in fact, to the world, and to time; and no condition of life is free from them. They are not, therefore, properly chargeable to the institution of slavery, which, even counting all its abuses, rather tends, on the whole, to diminish the number of them. But let the reader particularly observe, that, at the South, the race taken care of and benignantly provided for in a state of slavery, is an inferior one, and has been thus kindly treated in consequence of its very subjection, and of that alone; and in spite of a strong antipathy to them on the part of the dominant race ; — an antipathy, whether right or wrong, which nothing but this partriarchal relation could over come I Does not our own experience tell us, that, without this subjec tion, if brought into contact .with the white man, they sink to the lowest depths of degradation, and become a nuisance to society ; havmg little or no self-respect to sustain, and scarcely a worldly motive to stimulate them? And why, indeed, should it be otherwise? For, by .mnaturaliy .placing the. inferior and superior races upon the sarae footing, and 19 taking away all acknowledged dependence of tho one upon thc other you but leave them, withont any relative obligations and rosponsibi- htics, to tho uncontrolled operation of tho laws of self-interest. Tho poor negro is thus deprived of any special caro and consideration on tho part of tho white man, and abandoned to work out his own destiny, in an irrepressible, but hopeless competition of conflicting interest.'^, with nil the onorgies, talents, moral powers, preferences, prejudices and anti- pathirs, of his superior white brother. It would need no prophet to foretell his inevitable degradation, and the wasting away of his race like thiit of the poor Indian — and al.as I also, with hig increasing degra dation .and incapacity fer iclf-resurroction, tho white m.au'.s incrcislng lust and oppression. Indeed, tho comiiarison of the condition of tho slave, v/itli that of the white laborer of tho North, although T havo not shrunk from makin" it, does not afford any just standard for judging of tho vital neeo^!sity of tho domestic institution of slavery, in thc moral and temporal im- provement of tlie blacks. For it docs not follow, bocause a whito l.aboror may got along, after a fashion. In a freo competition with whito laborers, that an inferior black would faro cqu.ally well, in tho " irre- prossiblo conflict" that emancipation would be miro to bring ou, A. more correct comparison, for our purpose, would be between the slaves ofthe South, and the free negroes of tho North; and here, d.as ! wo have already intiraations in plenty, but only intimations. In tho wast ing, demoi'alized condition of the negroes of the Northern States and Canada, of what would be tho result of giving freedom to the slaves. And one striking proof of the degrading tendencies of freedom upon the blacks, is brought before our very eyea by tho circumstance, that thc proportion of free mulattoes is ahvays far greater than t'lc propor tion of slave mulattoes ; and that tho proportion, .also, of raulattocs in tho non-slavcholding. States is greater than the proportion of mulattoes in the slaveholding States. An undeniable fact of this kind has a far more important bearing upon the general question, than any isolated instances of lust and oppression, which may be cunningly wrought up into a horrifying picture, by the glowing pen of thc novelist, or tho burning words of thc orator. The statesman or logician never ex pects, that tho wisest of human institutions will rid the v/orld of lust and oppression. He confines his attention, therefore, to a comparison of general results, and, however much ho may rogret individual wrongs, he does not mislead his judgment by dwelling too prominently upon thom. I should mention here one more general fact, wliich is also un deniable, and bears upon thLs'branch of the question. It is the wastuig away of the free negroes of Northern States, coupled with the rapid, multiplication of the slaves from natural causes, notwithstanding the constant emigration of the race from the South to the North ! 20 But, oven in a comparison of tho happy and contented slaves, with the indolent, ill-humored and domoralizod freo blacks of the North, wo do not fully solve the problem of om.ancipation. h'or a few thousand worthless, depraved negroes might, perchance, find a scanty Kubsistciicc among whites, where labor was in demand, nnd httlo opportunity was afforded for bringing out a close competition, with all tho profercncop, prejudices and antipathies of the superior race, but let the po]mlatioa ofthe country goon incrensing, as heretofore, both of whiles and blacks, until by a favoring immigration, and tho density of population, tho supply of whito labor begins to get in excess of tho demand, and wlmt is to bo the fate of, not the fow thous.and, but your inlliions of emanci pated, miserable negroes, In tho then formidable competi lion for labor and bread ? Even in cases where the black element has vastly predomliiatod, and they have succeeded in driving out tho whites, havc wc not tho experience of a St. Domingo, of Jam.aica even, and othor Islands ? Is not tho evidence of the miserable effects of emancipation full and overflowing — stronger, far stronger, than that which we act upon in the other questions of ordinary life, where our prejudices or preconceived notions arc not so intimately concerned ? For my part, I fear emancipation, whether immediate or gradu.al, to be a most dangerous experiment, so- long, at any rate, aa thc two races are kept in contact with each other. The inferior race is suro to sink, as soon as its dependence upon the dominant race Is cast off. It will have no motives to exertion, no self-respect to preserve. With the antipathies of tho dominant white man all against thera, and themselves totally destitute of any pride of race, with no energy, even if they had the will, to contend against public sentiment, and being also in a hope less minority, as a people, they would necessarily sink to the lowest depths of degradation and vice. A few exceptional ca.-es might exist araong them — a Christian, perhaps, who had learned not to Jc^jcnd upon worldlj^ raotives for exertion ; or some erratic meteor of individual power flashing wildly across the darkness of their night — only "this, and nothing more. But for the race, and that is what it is thr- duty of society to consider, God help them 1 Indeed, one great reason why the christian mind of tho South Is in ¦ favor of revolution, is because the future of the negroes, as well as that of the whites, is perilled by the domination of sectional abstractionists, and, more especially, by the territorial policy of the North. For it cannot be too strongly enforced upon the conscience, that, in consider ing the welfare of society, the colored race, though in an humble condition, do not aiiy the less form a part of society. The conscien tious legislator ought always, therefore, to consider the bearing of his 21 measures upon the true interests of those people, as well as of tho whites, and the moro so, because of thoir inability to take caro of thom. selves. And it is on this very principio that tho Constitution of our country gives to the slaves, through those, who arc supposed to be, and are, most interested in their welfare, a representation in tho halls of the National Legislature. The error is, in not giving the whole raco' a representation, instead of but three-fifths of thom. If this act of justice had been done them, tho evil day of our country might havo been still longer, if not wholly deferred. And it is no valid objection to say, that, having been made property, they ought not, at the samo time, to be represented as pr rsons ; espe cially, since the objector, as a general rule, denies most inconsistently, that they are property, or have been made so by the Constitution ! But, supposing them to bo propert)', can an abstractionist, forsooth, affirm, that a slave is not entitled to any of tha rights of a man? My only reply to him, therefore, would simply be, but they are parEo.is; you admit it the same as I ; and if persons, you should permit them to be represented as such, whether raade property or no ; the sama as are the females, children, negroes too, and other non-voting population ofthe North. For, in arguing that a person may become property, I do not, there fore, argue, that he ceases to be a person, or to possess any personal rights. On the contrary, I wonld oppose the crushing influences of abolitionism, which is cruelly, but necessarily, depriving the slave of the personal rights yet remaining to him ; and I would give his per sonal rights a full representation in the- govemment, which is over him as well as others, through those who feel an intelligent interest in his welfare. And to the objector, I would say, it is not logical, nay it is tortuous?, eel-like, for men, at one time to bluster, because property is being repre sented, and. at another, when it suits a purpose, to claim that the negroes are not property, and have never been made so ; but aro per sons, and that the rights of persons, under any and all circumstances, are inalienable ; and for the sarae men, at still another time, as though not content with one glaring inconsistency, to proceed stili further to stultify themselves, by taking both these positions with interest, and affirming, unblushingly, that slavery Is a most wicked property in the bodies and souls of men I What sophist first propagated that folly about the master having a property in the soul of his slave, I do not know. I presume, how ever some hot-headed orator, mounted upon his high horse, and en deavoring to ride rough-shod over the, sensibilities of his hearers, by talking, in inflamed and stilted language, about one's inalienable manhood, 2^ and tho horrid idea of owning thc soul of another! As though any human law, ovon if tho will woro there, could possibly create ownership in tho invisible, immortal soul — that soul, whose workings aro inward and unseen, and which God has created so perfectly Independent, that even He Himself will take only its free-will offerings I Ifthe human soul, indeed, wero not thus independent of control from without; if it were not endowed with an inalienable free-will to choose evil or good, to serve God or Mammon ; if it woro not thc perfect master of its own actions, and so unalterably made, beyond nil possibility of involuntary onslavcraent ; then would our Honvcnly Father bo most unjust ; for Ho holds every hum.an being, slaves nnd freemen alike, to a fiiarl'ul, individual responsibility, undor nil circumstcanccs, and in the midst of all temptations ; nnd brings every thought into judgment, whether it bo good, or whether it be evil 1 Oli, what deep meaning there was in St. Paul's expression, thnt oven thc Roman slave was thc Lord's freeman I It is all very well, then, to appeal to our sympathies, and to en deavor to blind the judgraent, by talking largely of the horrid wicked ness of owning property in man; and all this may do, perhaps, for' our next attempts at popular oratory or fiction ; but we must tako good care not to let it out, that, as a matter of moral certainty, for one man to own the soul of another is an utter impossibility ; and that, therefore, our apparently sharp-looking point is, in fact, no point at all. If, however, leaving the soul, and coming back to the body, we mean by the horrid wickedness of owning property in man, to denounce property in men's involuntary services, then I fear that all of us aliko must plead guilty to the charge. For our whole race has been invo luntarily earning its bread by the sweat of the brow, ever since thc curso descended upon it; and every time we hire a needy laborer, wo have a property in men's involuntary services. And if this instance be objected to, because the laborer gives his consent, I reply, true, after a fashion ; and so does the negro slave ; and both arc forced to do so by the controlling circumstances of the case. And, while the cunning, light-hearted black slave is let off by the owner, with but half his labor, the unfortunate white one finds no escape from his severer task-master; but, by day and by night, in slclviiess and in health, in season and out of season, he bears the penalty of the race, and works, works, works, under the unpitying lash of poverty and hunger. And this, men call freedom ! and the other, slavery 1 Oh, how much there is in names! But what sort of property, forsooth, have we in pur .wives, when wedlock's chain clanks a little harshly? and what sort bave we in our very children? Is there, really, araong 23 Us, ho property in man, or in his involuntary services ? Where, then, are our criminals ? whose bodies are confined, and whose services thc State coolly appropriates, and even hires out whole prisons full of them to contractors ; thus selling, without any body's gainsaying, thc right to the -involuntary services of our fellows I And this, as I have shown, not because of the moral guilt of criminals, but simply for the peace and welfare of the Stato, Talk, then, as much as we please, abstractly, of man having an inalienable right to his own labor and services ; yet, just so surely as the controlling circurastance comes in, we, ourselves, immediately take away the "inalienable" right! and whenever we do it, that very instant wo claim and exercise a "property in mnn." Wc are, there fore, to make the best of it, a most ho-rridly wicked people. And while, moreover, we thus like to talk as much as we please, and yet interfere, for all that, with the very right of our neighbor, of which we are talking, we are not a bit tho slower, as often as wo find it necessary or convenient, to check other abstract rights of his, also, and, araong others, even the boasted right of freedom of speech, or of talking as much as we please, of which we arc, ourselves, so fond. Sometimes, for example, our wives tongues (I hopo I do not slander them) are a little too long; or, at any rate, our children are given to tattling. And, even if we are pretty orderly at home — that is, in our own opinion — beyond all question, the "little member" of our neighbor, or ofhis wife or children, runs too freely. And some of us, perhaps, have thought it necessary to kick a fellow with too much liberty of jaw, out of our houses, or to have him arrested for slander. In short, freedom of speech, and all other abstract rights, are very good things for ourselves, or for the people in Borrioboola Gha ; but, some* how or other, they don't seem to answer for bur neighbor, Yet, surely, if they are not to be allowed, where but an individual is injured, a fortiorBf they should be taken away, where whole commuhities are put in jeopardy by them. Hence, would we indeed follow the goldett rule ? theh let us concede to others the same right to restrain, alter or modify, abstract rights, which wo claim for ourselves, and to the full extent that controlling circumstances may render necessary. And, perceiving that the institu tion of domestic slavery is demanded for the peace and good order of the South, and that it elevates, refines, and even dignifies the negro, when in contact with the white race, and makes him a happier and a better man j while, on the other hand, a state of freedom would be only nominal, and Would, in reality, tend to sink ahd degrade him, let Us learn to exercise a little restraint, also, over our own abstract rights, and acknowledge, that freedom of speech may sometimes be but another 24 name for licentiousness of speech, and, like all othor unbridled freedom, may destroy thc peace, and disrupt the very foundations of society". But, whether we restrain ourselves or no, so long as hewers of wood nnd drawers of water shall be necessary to society, and so long as there are inferior races among mankind, and thoso inferior races arc brought into contact with each other, the institution of domestic slavery will continue to be, as alwnys heretofore it has been, necessary for the peace, good order, protection and welfare of society ; and hence, will be a wise, just and humane institution. And the amount of rigor which may be justly exercised over the slaves, will depend entirely upon the unavoidablo circumstances of the caso, and may, imioi tunately, be lamentably increased by opposition from without, and by this very unpitying freedom of speech, which wc are so determined to exercise. In conclusion, however, that I may part from the reader in good humor, allow me to suggest to him, a re-perusal of Midshipman Easy, before he takes another plunge into abstractions, or nm^ wild about the rights of raan. 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