Part 13

"Whene'er you speak, remember every cause Stands not on eloquence, but stands on laws; Pregnant in matter, in expression brief, Let every sentence stand with bold relief; On trifling points nor time nor talents waste, A sad offence to learning and to taste; Nor deal with pompous phrase, nor e'er suppose Poetic flights belong to reasoning prose. Loose declamation may deceive the crowd, And seem more striking as it grows more loud; But sober sense rejects it with disdain, As naught but empty noise, and weak as vain. The froth of words, the schoolboy's vain parade Of books and cases (all his stock in trade). The pert conceits, the cunning tricks and play Of low attorneys, strung in long array, The unseemly jest, the petulant reply, That chatters on, and cares not how nor why, Studious, avoid: unworthy themes to scan, They sink the speaker and disgrace the man; Like the false lights by flying shadows cast, Scarce seen when present, and forgot when past.

"Begin with dignity; expound with grace Each ground of reasoning in its time and place; Let order reign throughout; each topic touch, Nor urge its power too little or too much; Give each strong thought its most attractive view, In diction clear, and yet severely true; And as the arguments in splendor grow, Let each reflect its light on all below. When to the close arrived, make no delays By petty flourishes or verbal plays, But sum the whole in one deep, solemn strain, Like a strong current hastening to the main."

But the jurist, rich with the spoils of time, the exalted magistrate, the orator, the writer, all vanish when I think of the friend. Much as the world may admire his memory, all who knew him will love it more. Who can forget his bounding step, his contagious laugh, his exhilarating voice, his beaming smile, his countenance that shone like a benediction? What pen can describe these? What canvas or marble can portray them? He was always the friend of the young, who never tired in listening to his mellifluous discourse. Nor did they ever leave his presence without a warmer glow of virtue, a more inspiring love of knowledge, and more generous impulses of action. I remember him in my childhood; but I first knew him after he came to Cambridge as Professor, while I was yet an undergraduate, and now recall freshly, as if the words were of yesterday, the eloquence and animation with which at that time he enforced upon a youthful circle the beautiful truth, _that no man stands in the way of another_. The world is wide enough for all, he said, and no success which may crown our neighbor can affect our own career. In this spirit he ran his race on earth, without jealousy, without envy,--nay, more, overflowing with appreciation and praise of labors which compared humbly with his own. In conversation he dwelt with fervor upon all the topics which interest man,--not only upon law, but upon literature, history, human character, the affairs of every day,--above all, upon the great duties of life, the relations of men to each other, to country, to God. High in his mind, above all human opinions and practices, were the everlasting rules of _Right_; nor did he ever rise to truer eloquence than when condemning, as I have more than once heard him recently, that evil sentiment, "Our country, _right or wrong_" which, in whatsoever form of language it may disguise itself, assails the very foundations of justice and virtue.

He was happy in life, happy also in death. It was his hope, expressed in health, that he should not be allowed to linger superfluous on the stage, nor waste under the slow progress of disease. He was always ready to meet his God. His wishes were answered. Two days before his last illness he was in court, and delivered an elaborate judgment on a complicated case in equity. Since his death another judgment in a case already argued before him has been found among his papers, ready to be pronounced.

I saw him for a single moment on the evening preceding his illness. It was an accidental meeting away from his own house,--the last time that the open air fanned his cheeks. His words of familiar, household greeting still linger in my ears, like an enchanted melody. The morning sun saw him on the bed from which he never rose.

Thus closed, after an illness of eight days, in the bosom of his family, without pain, surrounded by friends, a life which, through various vicissitudes of disease, had been spared beyond the grand climacteric, that Cape of Storms in the sea of human existence.

"Multis ille bonis flebilis occidit, Nulli flebilior quam mihi."

He is gone, and we shall see him no more on earth, except in his works, and the memory of his virtues. The scales of justice, which he so long held, have fallen from his hand. The untiring pen of the Author rests at last. The voice of the Teacher is mute. The fountain, which was ever flowing and ever full, is stopped. The lips, on which the bees of Hybla might have rested, will no more distil their honeyed sweets. The manly form, warm with all the affections of life, with love for family and friends, for truth and virtue, is now cold in death. The justice of nations is eclipsed; the life of the law is suspended. But let us listen to the words which, though dead, he utters from the grave: "Sorrow not as those without hope." The righteous judge, the wise teacher, the faithful friend, the loving father, has ascended to his Judge, his Teacher, his Friend, his Father in Heaven.

THE WRONG OF SLAVERY.

SPEECH AT A PUBLIC MEETING IN FANEUIL HALL, BOSTON, AGAINST THE ADMISSION OF TEXAS AS A SLAVE STATE, NOVEMBER 4, 1845.

The officers of this meeting were Hon. Charles Francis Adams, President; James M. Whiton, Charles G. Hovey, and William I. Bowditch, Secretaries. The President made a speech on taking the chair. He was followed by Hon. John G. Palfrey, Charles Sumner, Wendell Phillips, Henry B. Stanton, George S. Hillard, Rev. William H. Channing, and William Lloyd Garrison. The meeting was thus sympathetically described by the _Liberator_:--

"Faneuil Hall next had a meeting, more worthy of its fame than the one which was held in it on Tuesday evening last, to set the ball in motion for another grand rally of the freemen of the North against the admission of Texas into the Union as a Slave State. The weather was extremely unpropitious,--the rain pouring down violently, the thunder roaring, and the lightning blazing vividly at intervals,--emblematic of the present moral and political aspects of the country."

The _Daily Times_, a democratic paper of Boston, in its account of the meeting made the severe storm play an important part. Here is something of what it said:--

"The elements seemed determined not to sanction any such traitor-like movement, and interposed every obstacle to its success. It was proper that such a foul project should have foul weather as an accompaniment. The night was dark, and so were the designs contemplated." To oppose the extension of slavery was traitor-like, foul, and dark.

The Resolutions adopted at the meeting were drawn by Mr. Sumner, although introduced by another. They were the first political resolutions ever drawn by him, as the speech which follows was the first political speech ever made by him. The Resolutions, while condemning slavery and denouncing the plan to secure its predominance in the National Government, start with the annunciation of _Equal Rights and the_ _Brotherhood of all Men_, as set forth in the Declaration of Independence, which Mr. Sumner always, from beginning to end, made the foundation of his arguments, appeals, and aspirations.

* * * * *

"_Whereas_ the Government and Independence of the United States are founded on the adamantine truth of _Equal Rights and the Brotherhood of all Men_, declared on the 4th of July, 1776, a truth receiving new and constant recognition in the progress of time, and which is the great lesson from our country to the world, in support of which the founders toiled and bled, and on account of which we, their children, bless their memory,--

"_And whereas_ it is essential to our self-respect as a nation, and to our fame in history, that this truth, declared by our fathers, should not be impeached or violated by any fresh act of their children,--

"_And whereas_ the scheme for the annexation of Texas as a Slave State, begun in stealth and fraud, and carried on to confirm Slavery and extend its bounds, in violation of the fundamental principle of our institutions, is not consummated, and may yet be arrested by the zealous and hearty co-operation of all who sincerely love their country and the liberty of mankind,--

"_And whereas_ this scheme, if successful, involves the whole country, Free States as well as slave-owners, in one of the two greatest crimes a nation can commit, and threatens to involve them in the other,--namely, Slavery and unjust War,--Slavery of the most revolting character, and War to sustain Slavery,--

"_And whereas_ the State Constitution of Texas, which will soon be submitted to Congress for adoption or rejection, expressly prohibits the Legislature, except under conditions rendering the exception practically void, from enacting any law for the emancipation of slaves, and for the abolition of the slave-trade between Texas and the United States, thereby reversing entirely the natural and just tendency of our institutions towards Freedom,--

"_And whereas_ the slaveholders seek annexation for the purpose of increasing the market of human flesh, and for extending and perpetuating Slavery,--

"_And whereas_, by the triumph of this scheme, and by creating new Slave States within the limits of Texas, the slaveholders seek to control the political power of the majority of freemen represented in the Congress of the Union:--

"_Therefore be it resolved_, in the name of God, of Christ, and of Humanity, that we, belonging to all political parties, and reserving all other reasons of objection, unite in protest against the admission of Texas into this Union as a Slave State.

"_Resolved_, That the people of Massachusetts will continue to resist the consummation of this wicked purpose, which will cover the country with disgrace, and make us responsible for crimes of gigantic magnitude.

"_Resolved_, That we have the fullest confidence that the Senators and Representatives of Massachusetts in Congress will never consent to the admission of Texas as a Slave State, but by voice and vote will resist this fatal measure to the utmost at every stage.

"_And furthermore, whereas_ the Congress of the United States, by assuming to connect this country with a foreign state, have already involved the people of the Free States in great expenditure for the protection of the usurped territory by force of arms on sea and land,--

"_And whereas_ a still greater outlay may hereafter be incurred to maintain by violence what is held by wrong:--

"_Resolved_, That we protest against the policy of enlisting the strength of a free people to sustain by physical force a measure urged with the criminal purpose of perpetuating a system of slavery at war with the fundamental principle of our institutions.

"_Resolved_, That a committee be appointed by the chair to present copies of these Resolutions to the Senators and Representatives from Massachusetts, and also to send them to every Senator and Representative in Congress from the Free States."

Mr. Chairman,--I could not listen to the appropriate remarks of my friend, the Secretary of the Commonwealth,[118] without recalling an important act in his life, and feeling anew what all must feel, the beauty of his example in the fraternal treatment of slaves descended to him by inheritance, manumitting them as he has done, and conducting them far away from Slavery into these more cheerful precincts of Freedom. In offering him this humble tribute, I am sure that I awaken a response in every heart that has not ceased to throb at the recital of an act of self-sacrifice and humanity. He has done as a citizen what Massachusetts is now called to do as a State. He has divested himself of all responsibility for any accession of slave property, and the State must do likewise.

[118] Hon. John G. Palfrey.

There are occasions, in the progress of affairs, when persons, though ordinarily opposed to each other, come together, and even the lukewarm, the listless, the indifferent unite heartily in a common object. Such is the case in great calamities, when the efforts of all are needed to avert a fatal blow. If the fire-bell startles us from our slumbers, we do not ask of what faith in politics or religion is the unfortunate brother whose house is exposed to conflagration; it is enough that there is misfortune to be averted. In this spirit we have assembled on this inclement evening,--putting aside all distinctions of party,--forgetting all disagreements of opinion, to remember one thing only, on which all are agreed,--renouncing all discords, to stand firm on one ground only, where we all meet in concord: I mean opposition to Texas as a Slave State.

The scheme for the annexation of Texas, begun in stealth and fraud, in order to extend and strengthen Slavery, has not yet received the final sanction of Congress. According to the course proposed by these machinators, it is necessary that Texas should be formally admitted into the family of States by a vote of Congress, and that her Constitution should be approved by Congress. The question will be presented this winter, and we would, if we could, strengthen the hearts and words of those by whom the measure will be opposed.

Ours is no factious or irregular course. It has the sanction of the best examples on a kindred occasion. The very question before us occurred in 1819, on the admission of Missouri as a Slave State. I need not remind you of the ardor and constancy with which this was opposed at the North, by men of all parties, with scarcely a dissenting voice. One universal chorus of protest thundered from the North against the formation of what was called another _black State_. Meetings were convened in all the considerable towns,--Philadelphia, Trenton, New York, New Haven, and everywhere throughout Massachusetts,--to make this opposition audible on the floor of Congress. At Boston, December the 3d, 1819, a meeting without distinction of party, and embracing the leaders of both sides, was held in the State-House. That meeting, in its object, was precisely like the present. A numerous committee to prepare resolutions was appointed, of which William Eustis, afterwards Governor of Massachusetts, was chairman. With him were associated John Phillips, at that time President of the Senate of Massachusetts,--a name dear to every friend of the slave, as father of him to whose eloquent voice we hope to listen to-night,[119]--Timothy Bigelow, Speaker of the House of Representatives, William Gray, Henry Dearborn, Josiah Quincy, Daniel Webster, William Ward, William Prescott, Thomas H. Perkins, Stephen White, Benjamin Pickman, William Sullivan, George Blake, David Cummins, James Savage, John Gallison, James T. Austin, and Henry Orne. No committee could have been appointed better fitted to inspire the confidence of all sides. Numerous as were its members, they were all men of mark and consideration in our community. This committee reported the following resolutions, which were adopted by the meeting.

"_Resolved_, as the opinion of this meeting, that the Congress of the United States possesses the constitutional power, upon the admission of any new State created beyond the limits of the original territory of the United States, to make the prohibition of the further extension of slavery or involuntary servitude in such new State a condition of its admission.

"_Resolved_, That, in the opinion of this meeting, it is just and expedient that this power should be exercised by Congress upon the admission of all new States created beyond the original limits of the United States."

[119] Wendell Phillips Esq.

The meeting in Boston was followed by another in Salem, called, according to the terms of the notice, to consider "whether the immense region of country extending from the Mississippi to the Pacific Ocean is destined to be the abode of happiness, independence, and freedom, _or the wide prison of misery and slavery_." Resolutions were passed against the admission of any Slave State, being supported by Benjamin T. Pickman, Andrew Dunlap, and Joseph Story, a name of authority wherever found. In the meeting at Worcester, Solomon Strong and Levi Lincoln took a prominent part. Resolutions were adopted here, "earnestly requesting their representatives in Congress to use their unremitted exertions to prevent the sanction of that honorable body to any further introduction of slavery within the extending limits of the United States." By these assemblies the Commonwealth was aroused. To Slavery it presented an unbroken front.

Since these efforts in the cause of Freedom twenty-five years have passed. Some of the partakers in them are still spared to us,--I need not add, full of years and honors. The larger part have been called from the duty of opposing slavery on earth. The same question which aroused their energies presents itself to us. Shall we be less faithful than they? Will Massachusetts oppose a less unbroken front now than then? In the lapse of these few years has the love of freedom diminished? Has sensibility to human suffering lost any of the keenness of its edge?

Let us regard the question more closely. Congress is asked to sanction the Constitution of Texas, which not only supports slavery, but contains a clause prohibiting the Legislature of the State from abolishing slavery. In doing this, it will give a fresh stamp of legislative approbation to an unrighteous system; it will assume a new and active responsibility for the system; it will again become a dealer in human flesh, and on a gigantic scale. At this moment, when the conscience of mankind is at last aroused to the enormity of holding a fellow-man in bondage, when, throughout the civilized world, a slave-dealer is a by-word and a reproach, we as a nation are about to become proprietors of a large population of slaves. Such an act, at this time, is removed from the reach of that palliation often extended to slavery. Slavery, we are speciously told by those who defend it, is not our original sin. It was entailed upon us by our ancestors, so we are instructed; and the responsibility is often, with exultation, thrown upon the mother country. Now, without stopping to inquire into the truth of this allegation, it is sufficient for the present purpose to know that by welcoming Texas as a Slave State we make slavery our own original sin. Here is a new case of actual transgression, which we cannot cast upon the shoulders of any progenitors, nor upon any mother country, distant in time or place. The Congress of the United States, the people of the United States, at this day, in this vaunted period of light, will be responsible for it; so that it will be said hereafter, so long as the dreadful history of Slavery is read, that in the present year of Christ a new and deliberate act was passed to confirm and extend it.

By the present movement we propose no measure of change. We do not offer to interfere with any institution of the Southern States, nor to modify any law on the subject of Slavery anywhere under the Constitution. Our movement is conservative. It is to preserve existing supports of Freedom; it is to prevent the violation of free institutions in their vital principles.

Such a movement should unite in its support all but those few in whose distorted or unnatural vision slavery seems to be a great good. Most clearly should it unite the freemen of the North, by all the considerations of self-interest, and by those higher considerations founded on the rights of man. I cannot dwell now upon the controlling political influence in the councils of the country which the annexation of Texas will secure to slaveholders. This topic is of importance; but it yields to the supreme requirements of religion, morals, and humanity. I cannot banish from my view the great shame and wrong of slavery. Judges of our courts have declared it contrary to the Law of Nature, finding its support only in positive enactments of men. Its horrors who can tell? Language utterly fails to depict them.

By the proposed measure, we not only become parties to the acquisition of a large population of slaves, with all the crime of slavery, but we open a new market for the slaves of Virginia and the Carolinas, and _legalize a new slave-trade_. A new slave-trade! Consider this well. You cannot forget the horrors of that too famous "middle passage," where crowds of human beings, stolen, and borne by sea far from their warm African homes, are pressed on shipboard into spaces of smaller dimensions for each than a coffin. And yet the deadly consequences of this middle passage are believed to fall short of those sometimes undergone by the wretched coffles driven from the exhausted lands of the Northern Slave States to the sugar plantations nearer the sun of the South. One quarter part are said often to perish in these removals. I see them, in imagination, on their fatal journey, chained in bands, and driven like cattle, leaving behind what has become to them a home and a country, (alas! what a home, and what a country!)--husband torn from wife, and parent from child, to be sold anew into more direful captivity. Can this take place with our consent, nay, without our most determined opposition? If the slave-trade is to receive new adoption from our country, let us have no part or lot in it. Let us wash our hands of this great guilt. As we read its horrors, may each of us be able to exclaim, with conscience void of offence, "Thou canst not say I did it." God forbid that the votes and voices of Northern freemen should help to bind anew the fetters of the slave! God forbid that the lash of the slave-dealer should descend by any sanction from New England! God forbid that the blood which spurts from the lacerated, quivering flesh of the slave should soil the hem of the white garments of Massachusetts!

Voices of discouragement reach us from other parts of the country, and even from our own friends in this bracing air. We are told that all exertion will be vain, and that the admission of a new Slave State is "a foregone conclusion." But this is no reason why we should shrink from duty. "I will try," was the response of an American officer on the field of battle. "England expects every man to do his duty," was the signal of the British admiral. Ours is a contest holier than those which aroused these stirring words. Let _us_ try. Let every man among _us_ do his duty.

And suppose New England stands alone in these efforts; suppose Massachusetts stands alone: is it not a noble isolation? Is it not the post of honor? Is it not the position where she will find companionship with all that is great and generous in the past,--with all the disciples of truth, of right, of liberty? It has not been her wont on former occasions to inquire whether she should stand alone. Your honored ancestor, Mr. Chairman, who from these walls regards our proceedings to-night, did not ask whether Massachusetts would be alone, when she commenced that opposition which ended in the independence of the Thirteen Colonies.