With the changed attitude of the South towards emancipation there was associated an active hostility to dearly bought human liberty. Freedom of speech, freedom of the press, freedom of worship, the right of assembly, trial by jury, the right of petition, free use of the mails, and numerous other fundamental human rights were assailed. Birney and other abolitionists who had immediate knowledge of slavery early perceived that the real question at issue was quite as much the continued liberty of the white man as it was the liberation of the black man and that the enslavement of one race involved also the ultimate essential enslavement of the other.
In 1831 two slave States and six free States still extended to free negroes the right to vote. During the pro-slavery crusade these privileges disappeared; and not only so, but free negroes were banished from certain States, or were not permitted to enter them, or were allowed to remain only by choosing a white man for a guardian. It was made a crime to teach negroes, whether slaves or free men, to read and write. Under various pretexts free negroes were reduced to slavery. Freedom of worship was denied to negroes, and they were not allowed to assemble for any purpose except under the strict surveillance of white men. Negro testimony in a court of law was invalid where the rights of a white man were involved. The right of a negro to his freedom was decided by an arbitrary court without a jury, while the disputed right of a white man to the ownership of a horse was conditioned by the safeguard of trial by jury.
The maintenance of such policies carries with it of necessity the suppression of free discussion. When Southern leaders adopted the policy of defending slavery as a righteous institution, abolitionists in the South either emigrated to the North or were silenced. In either case they were deprived of a fundamental right. The spirit of persecution followed them into the free States. Birney could not publish his paper in Kentucky, nor even at Cincinnati, save at the risk of his life. Elijah Lovejoy was not allowed to publish his paper in Missouri, and, when he persisted in publishing it in Illinois, he was brutally murdered. Even in Boston it required men of courage and determination to meet and organize an anti-slavery society in 1832, though only a few years earlier Benjamin Lundy had traveled freely through the South itself delivering anti-slavery lectures and organizing scores of such societies. The New York Anti-Slavery Society was secretly organized in 1832 in spite of the opposition of a determined mob. Mob violence was everywhere rife. Meetings were broken up, negro quarters attacked, property destroyed, murders committed.
Fair-minded men became abolitionists on account of the crusade against the rights of white men quite as much as from their interest in the rights of negroes. Salmon P. Chase of Ohio was led to espouse the cause by observing the attacks upon the freedom of the press in Cincinnati. Gerrit Smith witnessed the breaking up of an anti-slavery meeting in Utica, New York, and thereafter consecrated his time, his talents, and his great wealth to the cause of liberty. Wendell Phillips saw Garrison in the hands of a Boston mob, and that experience determined him to make common cause with the martyr. And the murder of Lovejoy in 1837 made many active abolitionists.
It is difficult to imagine a more inoffensive practice than giving to negro girls the rudiments of an education. Yet a school for this purpose, taught by Miss Prudence Crandall in Canterbury, Connecticut, was broken up by persistent persecution, a special act of the Legislature being passed for the purpose, forbidding the teaching of negroes from outside the State without the consent of the town authorities. Under this act Miss Crandall was arrested, convicted, and imprisoned.
Having eliminated free discussion from the South, the Southern States sought to accomplish the same object in the North. In pursuance of a resolution of the Legislature, the Governor of Georgia offered a reward of five thousand dollars to any one who should arrest, bring to trial, and prosecute to conviction under the laws of Georgia the editor of the Liberator. R. G. Williams, publishing agent for the American Anti-Slavery Society, was indicted by a grand jury of Tuscaloosa County, Alabama, and Governor Gayle of Alabama made a requisition on Governor Marcy of New York for his extradition. Williams had never been in Alabama. His offense consisted in publishing in the New York Emancipator a few rather mild utterances against slavery.
Governor McDuffie of South Carolina in an official message declared that slavery was the very corner-stone of the republic, adding that the laboring population of any country, "bleached or unbleached," was a dangerous element in the body politic, and predicting that within twenty-five years the laboring people of the North would be virtually reduced to slavery. Referring to abolitionists, he said: "The laws of every community should punish this species of interference with death without benefit of clergy." Pursuant to the Governor's recommendation, the Legislature adopted a resolution calling upon non-slaveholding States to pass laws to suppress promptly and effectively all abolition societies. In nearly all the slave States similar resolutions were adopted, and concerted action against anti-slavery effort was undertaken. During the winter of 1835 and 1836, the Governors of the free States received these resolutions from the South and, instead of resenting them as an uncalled-for interference with the rights of free commonwealths, they treated them with respect. Edward Everett, Governor of Massachusetts, in his message presenting the Southern documents to the Legislature, said: "Whatever by direct and necessary operation is calculated to excite an insurrection among the slaves has been held, by highly respectable legal authority, an offense against this Commonwealth which may be prosecuted as a misdemeanor at common law." Governor Marcy of New York, in a like document, declared that "without the power to pass such laws the States would not possess all the necessary means for preserving their external relations of peace among themselves." Even before the Southern requests reached Rhode Island, the Legislature had under consideration a bill to suppress abolition societies.
When a committee of the Massachusetts Legislature had been duly organized to consider the documents received from the slave States, the abolitionists requested the privilege of a hearing before the committee. Receiving no reply, they proceeded to formulate a statement of their case; but before they could publish it, they were invited to appear before the joint committee of the two houses. The public had been aroused by the issue and there was a large audience. The case for the abolitionists was stated by their ablest speakers, among whom was William Lloyd Garrison. They labored to convince the committee that their utterances were not incendiary, and that any legislative censure directed against them would be an encouragement to mob violence and the persecution which was already their lot. After the defensive arguments had been fully presented, William Goodell took the floor and proceeded to charge upon the Southern States which had made these demands a conspiracy against the liberties of the North. In the midst of great excitement and many interruptions by the chairman of the committee, he quoted the language of Governor McDuffie's message, and characterized the documents lying on the table before him as "fetters for Northern freemen." Then, turning to the committee, he began, "Mr. Chairman, are you prepared to attempt to put them on?"—but the sentence was only half finished when the stentorian voice of the chairman interrupted him: "Sit down, sir!" and he sat down. The committee then arose and left the room. But the audience did not rise; they waited till other abolitionists found their tongues and gave expression to a fixed determination to uphold the liberties purchased for them by the blood of their fathers. The Massachusetts Legislature did not comply with the request of Governor McDuffie of South Carolina to take the first step towards the enslavement of all laborers, white as well as black. And Rhode Island refused to enact into law the pending bill for the suppression of anti-slavery societies. They declined to violate the plain requirements of their Constitution that the interests of slavery might be promoted. Not many years later they were ready to strain or break the Constitution for the sake of liberty.
In the general crusade against liberty churches proved more pliable than States. The authority of nearly all the leading denominations was directed against the abolitionists. The General Conference of the Methodist Episcopal Church passed in 1836 a resolution censuring two of their members who had lectured in favor of modern abolitionism. The Ohio Conference of the same denomination had passed resolutions urging resistance to the anti-slavery movement. In June, 1836, the New York Conference decided that no one should be chosen as deacon or elder who did not give pledge that he would refrain from agitating the church on the subject.
The same spirit appeared in theological seminaries. The trustees of Lane Seminary, near Cincinnati, Ohio, voted that students should not organize or be members of anti-slavery societies or hold meetings or lecture or speak on the subject. Whereupon the students left in a body, and many of the professors withdrew and united with others in the founding of an anti-slavery college at Oberlin.
A persistent attack was also directed against the use of the United States mails for the distribution of anti-slavery literature. Mob violence which involved the post-office began as early as 1830, when printed copies of Miss Grimke's Appeal to the Christian Women of the South were seized and burned in Charleston. In 1835 large quantities of anti-slavery literature were removed from the Charleston office and in the presence of the assembled citizens committed to the flames. Postmasters on their own motion examined the mails and refused to deliver any matter that they deemed incendiary. Amos Kendall, Postmaster-General, was requested to issue an order authorizing such conduct. He replied that he had no legal authority to issue such an order. Yet he would not recommend the delivery of such papers. "We owe," said he, "an obligation to the laws, but a higher one to the communities in which we live, and if the former be perverted to destroy the latter, it is patriotism to disregard them. Entertaining these views, I cannot sanction, and will not condemn, the step you have taken." This is an early instance of the appeal to the "higher law" in the pro-slavery controversy. The higher law was invoked against the freedom of the press. The New York postmaster sought to dissuade the Anti-slavery Society from the attempt to send its publications through the mails into Southern States. In reply to a request for authorization to refuse to accept such publications, the Postmaster-General replied: "I am deterred from giving an order to exclude the whole series of abolition publications from the Southern mails only by a want of legal power, and if I were situated as you are, I would do as you have done."
Mr. Kendall's letters to the postmasters of Charleston and New York were written in July and August, 1835. In December of the same year, presumably with full knowledge that a member of his Cabinet was encouraging violations of law in the interest of slavery, President Jackson undertook to supply the need of legal authorization. In his annual message he made a savage attack upon the abolitionists and recommended to Congress the "passing of such a law as will prohibit, under severe penalties, the circulation in the Southern States, through the mail, of incendiary publications."
This part of the President's message was referred to a select committee, of which John C. Calhoun was chairman. The chairman's report was against the adoption of the President's recommendation because a subject of such vital interest to the States ought not to be left to Congress. The admission of the right of Congress to decide what is incendiary, asserted the report, carries with it the power to decide what is not incendiary and hence Congress might authorize and enforce the circulation of abolition literature through the mails in all the States. The States should themselves severally decide what in their judgment is incendiary, and then it would become the duty of the general Government to give effect to such state laws. The bill recommended was in harmony with this view. It was made illegal for any deputy postmaster "to deliver to any person whatsoever, any pamphlet, newspaper, handbill, or other printed paper, or pictorial representation touching the subject of slavery, where by the laws of the said State, territory, or district their circulation is prohibited." The bill was defeated in the Senate by a small margin. Altogether there was an enlightening debate on the whole subject. The exposure of the abuse of tampering with the mail created a general reaction, which enabled the abolitionists to win a spectacular victory. Instead of a law forbidding the circulation of anti-slavery publications, Congress enacted a law requiring postal officials under heavy penalties to deliver without discrimination all matter committed to their charge. This act was signed by President Jackson, and Calhoun himself was induced to admit that the purposes of the abolitionists were not violent and revolutionary. Henceforth abolitionists enjoyed their full privileges in the use of the United States mail. An even more dramatic victory was thrust upon the abolitionists by the inordinate violence of their opponents in their attack upon the right of petition. John Quincy Adams, who became their distinguished champion, was not himself an abolitionist. When, as a member of the lower House of Congress in 1831, he presented petitions from certain citizens of Pennsylvania, presumably Quakers, requesting Congress to abolish slavery and the slave-trade in the District of Columbia, he refused to countenance their prayer, and expressed the wish that the memorial might be referred without debate. At the very time when a New England ex-President was thus advising abolitionists to desist from sending petitions to Congress, the Virginia Legislature was engaged in the memorable debate upon a similar petition from Virginia Quakers, in which most radical abolition sentiment was expressed by actual slaveowners. Adams continued to present anti-slavery memorials and at the same time to express his opposition to the demands of the petitioners. When in 1835 there arose a decided opposition to the reception of such documents, Adams, still in apparent sympathy with the pro-slavery South on the main issue, gave wise counsel on the method of dealing with petitions. They should be received, said he, and referred to a committee; because the right of petition is sacred. This, he maintained, was the best way to avoid disturbing debate on the subject of slavery. He quoted his own previous experience; he had made known his opposition to the purposes of the petitioners; their memorials were duly referred to a committee and there they slept the sleep of death. At that time only one voice had been raised in the House in support of the abolition petitioners, that of John Dickson of New York, who had delivered a speech of two hours in length advocating their cause; but not a voice was raised in reply. Mr. Adams mentioned this incident with approval. The way to forestall disturbing debate in Congress, he said, was scrupulously to concede all constitutional rights and then simply to refrain from speaking on the subject.
This sound advice was not followed. For several months a considerable part of the time of the House was occupied with the question of handling abolition petitions. And finally, in May, 1836, the following resolution passed the House: "Resolved, That all petitions, memorials, resolutions, propositions, or papers relating in any way or to any extent whatever to the subject of slavery or the abolition of slavery, shall, without being either printed or referred, be laid on the table, and that no further action whatever shall be had thereon." This is commonly known as the "gag resolution." During four successive years it was reenacted in one form or another and was not repealed by direct vote until 1844.
When the name of Mr. Adams was called in the vote upon the passage of the above resolution, instead of answering in the ordinary way, he said: "I hold the resolution to be a direct violation of the Constitution of the United States, of the rules of this House, and of the rights of my constituents." This was the beginning of the duel between the "old man eloquent" and a determined majority in the House of Representatives. Adams developed undreamed-of resources as a debater and parliamentarian. He made it his special business to break down the barrier against the right of petition. Abolitionists cooperated with zeal in the effort. Their champion was abundantly supplied with petitions. The gag resolution was designed to prevent all debate on the subject of slavery. Its effect in the hands of the shrewd parliamentarian was to foment debate. On one occasion, with great apparent innocence, after presenting the usual abolition petitions, Adams called the attention of the Speaker to one which purported to be signed by twenty-two slaves and asked whether such a petition should be presented to the House, since he was himself in doubt as to the rules applicable in such a case. This led to a furious outbreak in the House which lasted for three days. Adams was threatened with censure at the bar of the House, with expulsion, with the grand jury, with the penitentiary; and it is believed that only his great age and national repute shielded him from personal violence. After numerous passionate speeches had been delivered, Adams injected a few important corrections into the debate. He reminded the House that he had not presented a petition purporting to emanate from slaves; on the contrary, he had expressly declined to present it until the Speaker had decided whether a petition from slaves was covered by the rule. Moreover, the petition was not against slavery but in favor of slavery. He was then charged with the crime of trifling with the sensibilities of the House; and finally the champion of the right of petition took the floor in his own defense. His language cut to the quick. His calumniators were made to feel the force of his biting sarcasm. They were convicted of injustice, and all their resolutions of censure were withdrawn. The victory was complete.
After the year 1838 John Quincy Adams had the effective support of Joshua R. Giddings from the Western Reserve, Ohio—who also fought a pitched battle of his own which illustrates another phase of the crusade against liberty. The ship Creole had sailed from Baltimore to New Orleans in 1841 with a cargo of slaves. The negroes mutinied on the high seas, slew one man, gained possession of the vessel, sailed to Nassau, and were there set free by the British Government. Prolonged diplomatic negotiations followed in which our Government held that, as slaves were property in the United States, they continued to be such on the high seas. In the midst of the controversy, Giddings introduced a resolution into the House, declaring that slavery, being an abridgment of liberty, could exist only under local rules, and that on the high seas there can be no slavery. For this act Giddings was arraigned and censured by the House. He at once resigned, but was reelected with instructions to continue the fight for freedom of debate in the House.
In the campaign against the rights of freemen mob violence was first employed, but in the South the weapon of repressive legislation was soon substituted, and this was powerfully supplemented by social and religious ostracism. Except in a few districts in the border States, these measures were successful. Public profession of abolitionism was suppressed. The violence of the mob was of much longer duration in the North and reached its height in the years 1834 and 1835. But Northern mobs only quickened the zeal of the abolitionists and made converts to their cause. The attempt to substitute repressive state legislation had the same effect, and the use of church authority for making an end of the agitation for human liberty was only temporarily influential.
As early as 1838 the Presbyterian Church was divided over questions of doctrine into Old School and New School Presbyterians. This served to forestall the impending division on the slavery question. The Old School in the South became pro-slavery and the New School in the North became anti-slavery. At the same time the Methodist Church of the entire country was beset by a division on the main question. In 1844 Southern Methodist Episcopalian conferences resolved upon separation and committed themselves to the defense of slavery. The division in the Methodist Church was completed in 1846. A corresponding division took place in the Baptist Church in 1845. The controversy was dividing the country into a free North and an enslaved South, and Southern white men as well as negroes were threatened with subjection to the demands of the dominant institution.
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