Part 19

A select committee on the Abolition of Slavery reported a resolution declaring “That Congress possesses no Constitutional authority to interfere in any way with the institution of Slavery in any of the States of this Confederacy.” Before the vote, the Ex-President asked to be heard, saying, “If the House will allow me five minutes’ time, I pledge myself to prove that resolution false and utterly untrue.”[157] Here he was called to order, and resumed his seat. The resolution was adopted. Immediately thereafter, on the same day, he obtained the floor on another subject, being a resolution for the distribution of rations among unfortunate sufferers in Alabama and Georgia, and having first remarked that his reasons for voting against the former resolution, founded on the power of Congress, would be a justification for the vote he should give in favor of the proposed distribution, he proceeded to discuss the War Power under the Constitution, portraying the various wars actually menaced, including a civil war, while with prophetic voice he exclaimed, “Your own Southern and Southwestern States must be the battle-field upon which the last great conflict must be fought between Slavery and Emancipation,” and then announced the supreme power of Congress.

“From the instant that your slaveholding States become the theatre of war, civil, servile, or foreign, from that instant the war powers of Congress extend to interference with the institution of Slavery in every way by which it can be interfered with,--from a claim of indemnity for slaves taken or destroyed, to the cession of the State burdened with slavery to a foreign power.”[158]

I give but an extract. Again, after other years, with added experience, we find this exalted citizen asserting the same War Power, and holding up to terrified Slave-Masters the prospect of Universal Emancipation.[159]

Meanwhile the question was discussed by friend and foe, being always in the blaze of the public press, when, on the 14th of April, 1842, our champion returned to it again, asserting the power of Congress with new vigor and detail. This was after the introduction of resolutions by Mr. Giddings, setting forth the relations of the National Government to Slavery, where it was declared without reservation that each of the several States composing this Union has full and _exclusive_ jurisdiction over the subject of Slavery within its own territory.[160] The Ex-President, while accepting the other resolutions, was unwilling to vote for this complete surrender to the Slave States, and here again he was driven to find opportunity for speech on another question. It was on the Civil and Diplomatic Appropriation Bill, and the salaries of our foreign ministers, when, with masterly ability, in a speech of two days,[161] he reviewed our foreign relations, warning especially against war with England and Mexico; and then by natural transition depicted again the power of Congress in such emergency. These are his words:--

“It is a War Power. I say it is a War Power; and when your country is actually in war, whether it be a war of invasion or a war of insurrection, Congress has power to carry on the war, and must carry it on according to the Laws of War; and by the Laws of War an invaded country has all its laws and municipal institutions swept by the board, and Martial Law takes the place of them. This power in Congress has perhaps never been called into exercise under the present Constitution of the United States. But when the Laws of War are in force, what, I ask, is one of those laws? It is this: that, when a country is invaded, and two hostile armies are set in martial array, _the commanders of both armies have power to emancipate all the slaves in the invaded territory_.”[162]

Still further, he announces, in words precisely applicable to the present hour:--

“Nor is this a mere theoretic statement. The history of South America shows that the doctrine has been carried into practical execution within the last thirty years. Slavery was abolished in Colombia, first, by the Spanish General Murillo, and, secondly, by the American General Bolivar. It was abolished by virtue of a military command, given at the head of the army; and its abolition continues to be law to this day.”[163]

Condensing then the whole subject, and bringing it all into one final statement, he says:--

“I might furnish a thousand proofs to show that the pretensions of gentlemen to the sanctity of their municipal institutions, under a state of actual invasion and of actual war, whether servile, _civil_, or foreign, are wholly unfounded, and that the Laws of War do in all such cases take precedence. I lay this down as the Law of Nations. I say that the military authority takes, for the time, the place of all municipal institutions, _and of Slavery among the rest_; and that under that state of things, so far from its being true that the States where Slavery exists have the exclusive management of the subject, _not only the President of the United States, but the commander of the army, has power to order the Universal Emancipation of the slaves_.”[164] [_Applause._]

His confidence in this principle was complete. As he uttered it, he said, addressing the Presiding Officer, “I have no more doubt of it than that you, Sir, occupy that chair”; and he called upon Slave-Masters to answer him, if they could, “not by indignation, not by passion and fury, but by sound and sober reasoning from the Laws of Nations and the Laws of War.” No attempt to answer him was ever made; but the wrath of Slavery was poured still more unsparingly upon the head of the venerable orator. Meanwhile his words have stood as a towering landmark and beacon-flame.

In the protracted controversy now drawing to a close in blood, Massachusetts has done much. She, first of all, gave the example of Universal Freedom within her borders; and ever since that early day she has taken the leading part against Slavery. It is her children who have never failed in this cause, where anything was to be done, whether by word or deed. Massachusetts, for years, has borne the burden of this discussion, and also the heavier burden of obloquy long resting upon all who speak for the slave. It is Massachusetts who with patriotic ardor first leaped to the rescue, when the capital was menaced by Slavery [_applause_], and by happy coincidence, on the 19th of April, consecrated herself anew by the blood of her people [_applause_],--thus being at the same time first to do and first to suffer. [_Immense applause._] It was also a Massachusetts General who first in this conflict proclaimed that our camps cannot contain a slave [_vociferous applause_]; and it was an illustrious Massachusetts statesman who first unfolded the beneficent principle by virtue of which, constitutionally, legally, and without excess of any kind, the President, or a Commanding General, may become more than conqueror, even Liberator. [_Applause and great sensation._]

Massachusetts will be false to herself, if she fails at this moment. [_Sensation._] And yet I would not be misunderstood. Feeling most profoundly that there is an opportunity now for incalculable good, such as occurs rarely in human annals, seeing clearly that there is one spot, like the heel of Achilles, where this great Rebellion may be wounded to death, I calmly deliver the whole question to the judgment of those on whom the responsibility rests, contenting myself with reminding you that there are times when _not to act_ carries with it greater responsibility than _to act_. It is enough for us to review the unquestioned powers of Government to handle for a moment its mighty weapons, yet allowed to slumber, without assuming to declare that the hour has come when they shall flash against the sky.

May a good Providence save our Republic from that everlasting regret which must ensue, if a great opportunity is lost by which all the bleeding wounds of war shall be stanched, and prosperity again assured, while Peace is made immortal in the embrace of Liberty! [_Applause._] Saul was cursed for not hewing Agag in pieces when this enemy was in his hands, and Ahab was cursed for not destroying Benhadad. Let no such curse ever descend upon us!

Anxious as I am, I cannot doubt the result; but I long to make it more sure and inevitable. Among works of art handed down from Antiquity, and regarded with greatest wonder, is that unrivalled marble, where Laocoön with his two sons is sculptured in serpent folds, vainly struggling, and slowly yielding to terrific death. Poetry also has pictured the scene. Thus does our country now writhe in the torturing folds of Slavery, the fearful serpent which came swimming out of the sea and fastened upon the Republic; but, God be praised! the Republic shall live, and the serpent be bruised to death.

“So many enemies as slaves!”[165] Unless this ancient proverb has ceased to be true, there are now four millions of enemies intermingled with the Rebels, toiling in their fields, digging in their camps, and sitting at their firesides, constituting four millions of allies to the National Government. Careful calculation demonstrates, that, out of this number, more than one million are of an age for military service,--that in Virginia alone there are 121,564 male slaves of this important period, in Missouri 21,334, and in Kentucky 51,900. Can we afford to reject this natural alliance, quickened by a common interest, and consecrated by humanity? I call the alliance natural. Let history testify; and here I quote acknowledged authority. In the famous Peloponnesian War, when Greece suffered as we are suffering now, and her own people were arrayed under hostile banners, Greek meeting Greek, slaves often passed over from one side to the other, carrying sometimes oxen and sheep, and always practical knowledge of the country,--on one occasion twenty thousand in number, mostly mechanics: all of which is described by the great historian Thucydides,[166] who records also that the martial Lacedæmonians, in dread of their Helots, most cruelly took the lives of two thousand, selected for energy and character.[167] Thus in other days have slaves played their part, while slave-masters dwelt in fear. Of this trepidation there are abundant illustrations, some farcical. From Aristophanes we learn, that, during the same Peloponnesian War, the Athenians were unwilling to punish their slaves, lest they should desert. This dramatist, in one of his most famous comedies, has a character who, after exclaiming that “the slaves snore as never before,” pours forth his maledictions on the War, because he can no longer apply to them the wonted castigation.[168] The great philosopher of Greece accords with the historian and dramatist. Plato does not hesitate to say that “slaves and masters can never become friends”;[169] and he tells us how frequent are servile insurrections, especially in cities where the slaves speak one language, instancing customary outbreaks of the Messenians, and crowning his statement with the declaration, prompted by the universal human heart, even without experience as a slave, which had been his own lot, that “a man is a difficult possession to hold”:[170] and here our Fugitive Slave Bill with its terrible conditions, and the fugitive slaves of our country with their tragedies, are in harmony with this voice from Antiquity.

There is another motive not to be neglected. Without this alliance insurrection is inevitable, destined to be wild and lawless. This should be prevented. If Liberty does not descend from the tranquil heights of power, it will rise in blood, amidst the confusion of families. And what difference between the two apparitions! One has the face of an angel, radiant with celestial life; the other the front of a demon, “shaking from its horrid hair pestilence and war.” [_Great applause and cheering._] All this was clearly seen by the Emperor of Russia, when, on the 21st of September, 1858, he called upon his people to unite with him in Emancipation, “which,” he nobly declared, “ought to begin _from above_, to the end that it may not come _from below_”; and now this very year twenty millions of Russian serfs are peacefully passing from the house of bondage. Cheered by this great example, forget not that _it began from above_.

There is another practical advantage where the action proceeds from Government. The interest of loyal citizens can be protected. Compensation may relieve the hardships of meritorious classes, or of individual cases; nor can I object. Never should any question of money be allowed to interfere with human freedom. Better an empty treasury than a single slave. A Bridge of Gold would be cheap, if demanded by the retreating Fiend.

Two objects are before us, Union and Peace, each for the sake of the other, and both for the sake of the country; but without Emancipation how can we expect either?

* * * * *

Fellow-citizens, I have spoken frankly; for such is always my habit. Never was there greater need of frankness. Let patriots understand each other and they cannot differ widely. All will unite in whatever is required by the sovereign exigencies of self-defence; which means that all will unite in sustaining the National Government, and driving back the Rebels. But this cannot be by any half-way measure or lukewarm policy. There must be no hesitation. Hearken not to the voice of Slavery, no matter what its tone of persuasion. It is the gigantic Traitor and Parricide,--not for a moment to be trusted. Believe me, its friendship is more deadly than its enmity. [_Sensation._] If you are wise, prudent, economical, conservative, practical, you will strike quick and hard,--strike, too, where the blow will be most felt,--strike at the mainspring of the Rebellion. Strike in the name of the Union, which only in this way can be restored,--in the name of Peace, which is vain without Union,--and in the name of Liberty also, sure to bring both Peace and Union in her glorious train.

As Mr. Sumner closed, the hearty approval of the sentiments of the speech found utterance in the most enthusiastic and long-continued demonstrations of applause.

APPENDIX.

Outbursts of the public press, and other exhibitions of opinion, showed at least that the speech was felt, even where condemned. Some were bitter, and expressed their bitterness strongly; others were grateful, rejoicing that at last their thoughts and desires found utterance. Its reception at the time was peculiarly part of the speech; so also was its origin, and the motive which led to it.

THE PRESIDENT AND MR. SUMNER ON EMANCIPATION.

From the beginning Mr. Sumner never doubted that rebellion must cause the end of Slavery. So he spoke and wrote often during the previous winter. As the Slave States became more perverse, he exclaimed, “Slavery will go down in blood!” But this would be only in the event of war, which seemed inevitable. A day or two before the bombardment of Fort Sumter, when President Lincoln mentioned to him confidentially the determination to provision and hold this fort, repelling force by force, Mr. Sumner remarked, “Then the War Power will be in motion, and with it great consequences.” In the solemnity of that moment, when peace seemed banished, although saddened inexpressibly, he saw at once the mighty instrument before which Slavery must fall, and never for one moment afterwards did he doubt the final result. He would not and could not believe the success of the Rebels possible; but he saw no way to success on our part, except through Emancipation. Therefore he awaited anxiously the moment when this weapon could be employed. Shrinking from bloodshed, he wished this irresistible ally to close the war. Vowed against Slavery, he was eager to see it smitten. And still further, feeling the peril of European intervention, he longed for a declaration on our part that would make such an act impossible. In his judgment, our foreign relations depended much on Emancipation. So that the whole situation at home and abroad was involved in this question.

At the earliest practicable moment he did not hesitate to press these considerations upon the President. This was immediately after the Battle of Bull Run. An earlier incident will explain what passed on this occasion.

Some time towards the close of the preceding May, while the National troops were gathered about the capital, and during an evening drive with the President alone in his carriage, Mr. Sumner brought up the subject of Slavery, in order to say that the President was right in his course at that time, but that he must be ready to strike when the moment came. On the day of the disaster he was with the President twice, but made no suggestion then. On the second day thereafter, when the tidings from all quarters showed that the country was aroused to intense action, he visited the President expressly to urge Emancipation. The President received him kindly, and, when Mr. Sumner said that he had come to make an important recommendation with regard to the conduct of the war, replied promptly, that he was occupied with that very question, and had something new upon it. Mr. Sumner, thinking that he was anticipated, said, “You are going against Slavery!” “Oh, no, not that!” he replied, impatiently. “I am sorry,” said Mr. Sumner, when the President, with increasing impatience, reminded him of the evening drive in his carriage, and then retorted: “Did you not then approve my course?” “Certainly,” said Mr. Sumner, “at that time; but I said also that you must be ready to strike at Slavery, and now the moment has come. Of this I have no doubt.” And he proceeded to urge his reasons, but could not satisfy the President. The interview, which was late in the evening, did not terminate till midnight.

So completely had Mr. Sumner acted on the idea of waiting for a moment to strike, that in two different bills introduced by him before the disaster at Bull Run, one, July 16th, entitled, “For the confiscation of property of persons in rebellion against the Constitution and Laws of the United States,” and the other, July 18th, entitled, “For the punishment of conspiracy and kindred offences against the United States, and for the confiscation of the property of the offenders,” there is no open mention of Slavery. In the first bill there is a provision for the forfeiture of “the property, real and personal, of every kind whatsoever, and wheresoever situated within the limits of the United States, belonging to any person owing allegiance to the United States, who shall be found in arms against the United States, or shall give any aid or comfort to their enemies.” The other bill contains a clause equally stringent, but general in character. But after that disaster to our arms, he was satisfied the time had come for a full exercise of the War Power, and he desired earnestly to have the President lead the way openly and without reservation.

POLICY OF FORBEARANCE.

Meanwhile the policy of forbearance was continued, giving, as Mr. Sumner thought, moral strength to the Rebellion, and postponing success. By General Orders from Head-Quarters at Washington, July 17th, Slave-Masters obtained new security for their pretended property, in the following terms.

“Fugitive slaves will under no pretext whatever be permitted to reside, or in any way be harbored, in the quarters and camps of the troops serving in this department. Neither will such slaves be allowed to accompany troops on the march. Commanders of troops will be held responsible for a strict observance of the order.”[171]

In harmony with this military order was an opinion of the Attorney-General, of July 23d, by which the marshals of Missouri were reminded that the Fugitive Slave Act must be executed.[172] Then came the correspondence between General Butler and the War Department. The former, in a letter from Head-Quarters, Fortress Monroe, July 30th, after speaking of “the able-bodied negro fit to work in the trenches as property liable to be used in aid of rebellion, _and so contraband of war_,” and then with unanswerable force declaring our duty to fugitive slaves, announced a definite policy as follows.

“In a state of rebellion I would confiscate that which was used to oppose my arms, and take all that property which constituted the wealth of that State and furnished the means by which the war is prosecuted, beside being the cause of the war; and if, in so doing, it should be objected that human beings were brought to the free enjoyment of life, liberty, and the pursuit of happiness, such objection might not require much consideration.[173]

To this annunciation Mr. Cameron, Secretary of War, replied, under date of August 8th:--

“It is the desire of the President that all existing rights in all the States be fully respected and maintained.”

And then, after forbidding troops to interfere “with the servants of peaceable citizens in house or field,” it was declared, as if to help the Fugitive Slave Act:--

“Nor will you, except in cases where the public good may seem to require it, prevent the voluntary return of any fugitive to the service from which he may have escaped.”[174]

These various declarations were followed, August 16th, by a speech of Hon. Caleb B. Smith, Secretary of the Interior, at a social festival in Providence, R. I., which seemed to give point to all. This Cabinet officer said:--

“The minds of the people of the South have been deceived by the artful representations of demagogues, who have assured them that the people of the North were determined to bring the power of this Government to bear upon them, for the purpose of crushing out this institution of Slavery.… The Government of the United States has no more right to interfere with the institution of Slavery in South Carolina than it has to interfere with the peculiar institution of Rhode Island, whose benefits I have enjoyed.”[175]

Then came the reversal by the President of General Fremont’s Proclamation in Missouri, where, under date of August 30th, this officer, commanding the Western Department, announced a system of partial and local Emancipation as follows.

“The property, real and personal, of all persons in the State of Missouri, who shall take up arms against the United States, or who shall be directly proven to have taken an active part with their enemies in the field, is declared to be confiscated to the public use, and their slaves, _if any they have, are hereby declared freemen_.”[176]

The enthusiasm with which this provision was received by the country could not save it from the judgment of the President.

These incidents, still showing in certain quarters a constant tendency towards Emancipation, checked always by the Executive, attested a policy of forbearance towards Slavery. Regarding this condition of things as disastrous and of evil omen for the future, Mr. Sumner earnestly strove to arrest it. His speech was an appeal to the country.

CRITICISM AND COMMENT.