Part 4

Fellow-citizens, the question again recurs, "Are you for Freedom, or are you for Slavery?" If you are for Freedom, do not hesitate to support the National party dedicated to this cause. Strive in all ways to extend its influence, to enlarge its means of efficiency, and to consolidate its strength. And consider well, that this can be accomplished only by casting your votes for those who, while avowing our principles, are willing to sacrifice ancient party ties in order to maintain them. By her towns, counties, and districts, by her executive and legislative departments, Massachusetts must call upon the National Government to change from the policy of Slavery to the policy of Freedom. _Massachusetts must refuse to support any Government which does not hearken to this request._

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_Local Matters._--The sentiments which inspire the Party of Freedom in opposition to Slavery must naturally control their conduct on all questions of local policy. Friends of Human Rights, they cannot regard with indifference anything by which these are impaired. Recognizing Justice and Beneficence as the end and aim of Government, they must sympathize with all efforts to extend their sway. Let the Government be ever just. Let it be ever beneficent. Abuses and wrongs will then disappear, and the State will stand forth in the moral dignity of true manhood. If there be anything in the Commonwealth inconsistent with these sentiments, it must be changed. This should be done in no spirit of political empiricism, but with an honest and intelligent regard to practical results.

There is complaint in many, and even opposite quarters, of numerous corporations annually established by our Legislature, of the considerable time thus consumed in special legislation, and, still further, of the influence these corporations are able to exert over political affairs, dispensing a patronage exceeding that of the National Government within the borders of our State. Without considering these things in detail, it is impossible to avoid calling attention to the perverse influence from this source. Of this we can speak with knowledge. _The efforts to place the National Government on the side of Freedom_ have received little sympathy from corporations, or from persons largely interested in them, but have rather encountered their opposition, sometimes concealed, sometimes open, often bitter and vindictive. It is easy to explain this. In corporations is the Money Power of the Commonwealth. Thus far the instinct of property has proved stronger in Massachusetts than the instinct of Freedom. The Money Power has joined hands with the Slave Power. Selfish, grasping, subtle, tyrannical, like its ally, it will not brook opposition. It claims the Commonwealth as its own, and too successfully enlists in its support that needy talent and easy virtue which are required to maintain its sway. Perhaps the true remedy for this evil will be found in a more enlightened public sentiment; meanwhile we must do what we can to restrain this influence, by watchful legislation, if need be, but especially by directing against it the finger-point of a generous indignation.

The natural influence of the Money Power is still further increased by defects in our present system of Representation. The large cities, particularly Boston, electing Representatives by a general ticket, are able to return a compact delegation, united in political opinions, while the country, through divisions into small towns, is practically subdivided into districts, and chooses Representatives differing in opinions. A careful estimate of the influence thus wrought will show that Boston alone, actually casting 13,000 votes, is able to neutralize the 26,000 votes cast by all western Massachusetts, including Berkshire, Franklin, Hampshire, and Hampden. The large cities, which are the seat of the Money Power, are thus able, though a minority, to control the State. Like the Slave Power, they are strong from union. This abuse calls for amendment; and it will be for the friends of our cause to urge such measures as the necessity of the case requires.

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_Our Candidates._--In the fulfilment of our duty to sustain our principles at all times, in all elections, National or State, we have nominated Hon. STEPHEN C. PHILLIPS, of Salem, as our candidate for Governor. With confidence and pride we ask for him your support. Few in the community, by a long series of beneficent services, have entitled themselves to the same degree of kindly regard. In him we find a liberal education blended with a liberal spirit,--the experience and the wealth of the successful merchant turned into the channels of Benevolence, and the influence earned by various labors, in various posts of honor and trust, consecrated to Human Improvement. All the great causes which are doing so much to renovate the age, Temperance, Education, Peace, Freedom, have in him a discreet, practical, devoted, self-sacrificing friend. Formerly associated with the Whig party, and a member of Congress, chosen by Whig votes, he set the example of renouncing his party, when it became openly faithless to Freedom, and by unreserved and noble effort has done much to strengthen the movement in which we are engaged.

As candidate for Lieutenant-Governor, we nominate Hon. JOHN MILLS, of Springfield, a gentleman of spotless life, with ample experience in many spheres of action, formerly an honored member of the Democratic party, who has filled responsible stations under the Governments of the State and the Nation, and who, like Mr. Phillips, has testified his fidelity to Freedom by renouncing the party to which he belonged.

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Fellow-citizens, such are our principles, and such our candidates. Join us in their support. Join us, all who love Freedom and hate Slavery. Join us, all who cherish the Constitution and the Union. Help us in endeavors to crown them again with their early virtue. Join us, all who reverence the memory of the fathers, and would have their spirit once more animate the Republic. Join us, all who would have the National Government administered in the spirit of Freedom, and not in the spirit of Slavery. The occasion is urgent. Active, resolute exertions must be made. It does not become the sons of the Pilgrims, and the sons of the Revolution, to be _neutral_ in this contest. Such was not the temper of their fathers. In such a contest neutrality is treason to Human Rights. In questions _merely political_ an honest man may stand neuter; but what true heart can be neuter, when the distinct question is put, which we now address to the people of Massachusetts, "Are you for Freedom, or are you for Slavery?"

Finally, we appeal to the moral and religious sentiments of the Commonwealth. When these are thoroughly moved, there can be no question of the result. We invoke the sympathy of the pulpit. Let it preach deliverance to the captive. We call upon good men of all sects and all parties to lend their support. You all agree in our PRINCIPLES. Do not practically oppose them by continued adhesion to a national party hostile to them. Join in proclaiming them through the new Party of Freedom.

The Resolutions at the close of the Address are omitted, being in the nature of a repetition, which, however important at the time, is of less value as a record of opinions.

WASHINGTON AN ABOLITIONIST.

LETTER TO THE BOSTON DAILY ATLAS, SEPTEMBER 27, 1849.

The Address to the People of Massachusetts, adopted by the Free-Soil Convention, was violently attacked, as will appear from the following reply, written at a hotel in New York, where Mr. Sumner happened to be staying, when he saw the criticism.

NEW YORK, IRVING HOTEL, September 27, 1849.

Gentlemen,--My attention has been directed to-day to an article in your paper of the 25th September, entitled "Mr. Sumner and his Authorities," in which I am charged, among other things, with misrepresenting the opinions of Washington, particularly in the following sentence, in the Address recently adopted by the Free-Soil Convention at Worcester:--

"The first Washington freely declared his affinity with Antislavery Societies, and that in support of any legislative measure for the abolition of Slavery his suffrage should never be wanting."

A more familiar acquaintance with the opinions of our great exemplar would have prevented the writer in the Atlas from falsely accusing a neighbor. It would have prevented him from saying that the letter to Robert Morris, from which part of the above statement is drawn, was written more than ten years before the adoption of the National Constitution, and from dating it in 1776, when the letter in reality bears date in 1786.

I will not doubt your willingness to repair the injustice you have allowed in the columns of the Atlas, and therefore ask you to publish this note, with the accompanying extracts, showing the opinions of Washington.

By these it will appear that Washington freely declared to Brissot de Warville, in a conversation which took place in 1788, and was published in 1791, that he rejoiced in what was doing in other States for the emancipation of the negroes,--that he sincerely desired the extension of it to his own country,--and, contrary to the opinions of many Virginians, _expressly said that he wished the formation of an Antislavery Society, and that he would second such a society_.

It will appear, also, that Washington said to Robert Morris, in a letter dated April 12, 1786, that in support of any legislative measure for the abolition of Slavery his suffrage should not be wanting,--that he said to Lafayette, in a letter dated May 10, 1786, that gradual emancipation certainly might and assuredly ought to be effected, and that, too, by legislative authority,--that he said to John F. Mercer, in a letter dated September 9, 1786, that it was among his first wishes to see some plan adopted by which Slavery in this country may be abolished by law,--that he said to Sir John Sinclair, in a letter dated December 11, 1796, that Maryland and Virginia must have, and at a period not remote, laws for the gradual abolition of Slavery,--and that by his will, dated July 9, 1790 [1799], he expressly emancipated his slaves.

Thus acting, and thus constantly avowing his sentiments in favor of the abolition of Slavery, Washington is properly called an Abolitionist.

I cannot close without correcting the insinuation of the writer in the Atlas, that it is my wish, or that it is the wish of the Free-Soil party to interfere, through Congress, with Slavery in the States. This is a mistake. Our position is this. They who are responsible for Slavery should abolish it. Our duties are coextensive with our responsibilities. We at the North are responsible for Slavery everywhere within the jurisdiction of Congress, and it is here that we should exert ourselves, according to the principles of Washington, to abolish it by legislative action.

Still further, our sympathies and God-speed must attend every effort in the States to remove this great evil. We should join with Washington in his exclamation to Lafayette, on learning that this philanthropic Frenchman had purchased an estate in Cayenne, with the view of emancipating the slaves on it: "Would to God a like spirit might diffuse itself generally into the minds of the people of this country!"

I will not trouble you with any comment on the other criticisms upon me by the writer in the Atlas.

I am, Gentlemen, your obedient servant,

CHARLES SUMNER.

TO THE EDITORS OF THE ATLAS.

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OPINIONS OF WASHINGTON ON SLAVERY.

"He has nevertheless (must I say it?) a numerous crowd of slaves; but they are treated with the greatest humanity,--well fed, well clothed, and kept to moderate labor; they bless God without ceasing for having given them so good a master. It is a task worthy of a soul so elevated, so pure, and so disinterested, to begin the revolution in Virginia, to prepare the way for _the emancipation of the negroes. This great man declared to me that he rejoiced at what was doing in other States on this subject, that he sincerely desired the extension of it in his own country_; but he did not dissemble that there were still many obstacles to be overcome,--that it was dangerous to strike too vigorously at a prejudice which had begun to diminish,--that time, patience, and information would not fail to vanquish it. Almost all the Virginians, added he, believe that the liberty of the blacks cannot soon become general. _This is the reason why they wish not to form a society_, which may give dangerous ideas to their slaves. There is another obstacle: the great plantations, of which the State is composed, render it necessary for men to live so dispersed, _that frequent meetings of a society would be difficult_.

"I replied, that the Virginians were in an error,--that, evidently, sooner or later, the negroes would obtain their liberty everywhere. It is, then, for the interest of your countrymen to prepare the way to such a revolution, by endeavoring to reconcile the restitution of the rights of the blacks with the interest of the whites. _The means necessary to be taken to this effect can only be the work of a SOCIETY_; and it is worthy the Saviour of America to put himself at their head, and to open the door of liberty to three hundred thousand unhappy beings of his own State. _He told me that he desired the formation of a SOCIETY, and that he would second it_; but that he did not think the moment favorable."--_Conversation with Washington, in the New Travels of Brissot de Warville in the United States in 1788, published in 1791, and translated in 1792._

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"I can only say, that there is not a man living who wishes more sincerely than I do to see a plan adopted for the abolition of it [Slavery]; but there is only one proper and effectual mode by which it can be accomplished, and that is by _legislative authority; and this, as far as my suffrage will go, shall never be wanting_."--_Letter of Washington to Robert Morris, April 12, 1786._

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"The benevolence of your heart, my dear Marquis, is so conspicuous upon all occasions, that I never wonder at any fresh proofs of it; but your late purchase of an estate in the Colony of Cayenne, _with a view of emancipating the slaves on it_, is a generous and noble proof of your humanity. _Would to God a like spirit might diffuse itself generally into the minds of the people of this country!_ But I despair of seeing it. Some petitions were presented to the Assembly, at its last session, for the abolition of Slavery; but they could scarcely obtain a reading. To set the slaves afloat at once would, I really believe, be productive of much inconvenience and mischief; _but by degrees it certainly might and assuredly ought to be effected, and that, too, by legislative authority_."--_Letter of Washington to Lafayette, May 10, 1786._

"I never mean, unless some particular circumstances should compel me to it, to possess another slave by purchase, _it being among my first wishes to see some plan adopted by which Slavery in this country may be abolished by law_."--_Letter of Washington to John F. Mercer, September 9, 1786._

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"From what I have said, you will perceive that the present prices of lands in Pennsylvania are higher than they are in Maryland and Virginia, although they are not of superior quality, ... [among other reasons] because there are _laws here for the gradual abolition of Slavery_, which neither of the two States above mentioned have at present, _but which nothing is more certain than that they must have, and at a period not remote_."--_Letter of Washington to Sir John Sinclair, December 11, 1796._

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"Upon the decease of my wife, it is my will and desire that all the slaves whom I hold in my own right shall receive their freedom. To emancipate them during her life would, though earnestly wished by me, be attended with such insuperable difficulties, on account of their inter-mixture by marriage with the dower negroes, as to excite the most painful sensations, if not disagreeable consequences to the latter, while both descriptions are in the occupancy of the same proprietor; it not being in my power, under the tenure by which the dower negroes are held, to manumit them.... _And I do, moreover, most pointedly and most solemnly enjoin it upon my executors hereafter named, or the survivors of them, to see that this clause respecting slaves, and every part thereof, be religiously fulfilled at the epoch at which it is directed to take place, without evasion, neglect, or delay_, after the crops which may then be on the ground are harvested, particularly as it respects the aged and infirm; seeing that a regular and permanent fund be established for their support, as long as there are subjects requiring it; not trusting to the uncertain provision to be made by individuals."--_Washington's Will, dated July 9, 1790 [1799]_.

EQUALITY BEFORE THE LAW:

UNCONSTITUTIONALITY OF SEPARATE COLORED SCHOOLS IN MASSACHUSETTS.

ARGUMENT BEFORE THE SUPREME COURT OF MASSACHUSETTS, IN THE CASE OF SARAH C. ROBERTS _v._ THE CITY OF BOSTON, DECEMBER 4, 1849.

This argument, though addressed to the Supreme Court of Massachusetts, is mainly national and universal in topics, so that it is applicable wherever, especially in our country, any discrimination in educational opportunities is founded on race or color. It is a vindication of Equal Rights in Common Schools. The term "Equality before the Law" was here for the first time introduced into our discussions. It is not found in the Common Law, nor until recently in the English language. It is a translation from the French, whence Mr. Sumner took it.

The Supreme Court heard the argument, and in their opinion complimented the advocate; but they did not take the responsibility of annulling the unjust discrimination. After stating the claim of Equality before the Law, Chief-Justice Shaw reduced it to very small proportions, when he said that it meant "only that the rights of all, as they are settled and regulated by law, are equally entitled to the paternal consideration and protection of the law for their maintenance and security."[11] This made it mean nothing; but such was the decision. The _victrix causa_ was not less odious to Mr. Sumner, who never ceased to regret the opportunity lost by the Court of contributing an immortal precedent to the recognition and safeguard of human rights.

The error of the Court was repaired by the Legislature of Massachusetts, which in 1855 enacted as follows:--

"In determining the qualifications of scholars to be admitted into any Public School or any District School in this Commonwealth, no distinction shall be made on account of the race, color, or religious opinions of the applicant or scholar."[12]

[11] Roberts _v._ City of Boston, 5 Cushing R., 206.

[12] General Laws of Massachusetts, 1855, Ch. 256, sec. 1.

By other sections, the child excluded on such account was entitled to "damages therefor in an action of tort," with a bill of discovery to obtain evidence. Then came this supplementary protection:--

"Every person belonging to the School Committee under whose rules or directions any child shall be excluded from such school, and every teacher of any such school, shall, on application by the parent or guardian of any such child, state in writing the grounds and reasons of such exclusion."

Since this legislation, Equal Rights have prevailed in the Common Schools of Massachusetts, and nobody would go back to the earlier system.

Associated with Mr. Sumner in this case was Robert Morris, Esq., a colored lawyer.

MAY IT PLEASE YOUR HONORS:--

Can any discrimination on account of race or color be made among children entitled to the benefit of our Common Schools under the Constitution and Laws of Massachusetts? This is the question which the Court is now to hear, to consider, and to decide.

Or, stating the question with more detail, and with more particular application to the facts of the present case, are the Committee having superintendence of the Common Schools of Boston intrusted with _power_, under the Constitution and Laws of Massachusetts, to exclude colored children from the schools, and compel them to find education at separate schools, set apart for colored children only, at distances from their homes less convenient than schools open to white children?

This important question arises in an action by a colored child only five years old, who, _by her next friend_, sues the city of Boston for damages on account of a refusal to receive her into one of the Common Schools.

It would be difficult to imagine any case appealing more strongly to your best judgment, whether you regard the parties or the subject. On the one side is the City of Boston, strong in wealth, influence, character; on the other side is a little child, of degraded color, of humble parents, and still within the period of natural infancy, but strong from her very weakness, and from the irrepressible sympathies of good men, which, by a divine compensation, come to succor the weak. This little child asks at your hands her _personal rights_. So doing, she calls upon you to decide a question which concerns the personal rights of other colored children,--which concerns the Constitution and Laws of the Commonwealth,--which concerns that _peculiar institution_ of New England, the Common Schools,--which concerns the fundamental principles of human rights,--which concerns the Christian character of this community. Such parties and such interests justly challenge your earnest attention.

Though this discussion is now for the first time brought before a judicial tribunal, it is no stranger to the public. In the School Committee of Boston for five years it has been the occasion of discord. No less than four different reports, two majority and two minority, forming pamphlets, of solid dimensions, devoted to this question, have been made to this Committee, and afterwards published. The opinions of learned counsel have been enlisted. The controversy, leaving these regular channels, overflowed the newspaper press, and numerous articles appeared, espousing opposite sides. At last it has reached this tribunal. It is in your power to make it subside forever.

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THE QUESTION STATED.

Forgetting many of the topics and all of the heats heretofore mingling with the controversy, I shall strive to present the question in its juridical light, as becomes the habits of this tribunal. It is a question of jurisprudence on which you are to give judgment. But I cannot forget that the principles of morals and of natural justice lie at the foundation of all jurisprudence. Nor can any reference to these be inappropriate in a discussion before this Court.