Part 5

There is one pleasant thing about this position of Mr. Webster. He is alarmed at the fire which has been kindled in his rear. He finds "considerable differences of opinion prevail ... on the subject of that speech," and is "grateful to receive ... opinions so decidedly concurring with" his own,--so he tells the citizens of Newburyport. He feels obliged to do something to escape the obloquy which naturally comes upon him. So he revises his speech; now supplying an omission, now altering a little; authorizes another great man to transpose his relative pronoun, and anchor it fast to another antecedent; appeals to amendments in the senatorial desk, designed to secure a jury trial for fugitive slaves; derides his opponents, and compares them with the patriots of ancient times. Here is his letter to the citizens of Newburyport--a very remarkable document. It contains some surprising legal doctrines, which I leave others to pass upon. But in it he explains the fugitive slave law of 1793, which does not "provide for the trial of any question whatever by jury, in the State in which the arrest is made." "At that time," nobody regarded any of the provisions of that bill as "repugnant to religion, liberty, the Constitution, or humanity;" and he has "no more objections to the provisions of this law, than was seen to them" by the framers of the law itself. If he sees therein nothing "repugnant to religion, liberty, the Constitution, or humanity," then why transpose that relative pronoun, and have an amendment "which provides expressly for the right of trial by jury?"

"In order to allay excitement," he answers, "and remove objections." "There are many difficulties, however, attending any such provision [of a jury trial]; and a main one, and perhaps the only insuperable one, has been created by the States themselves, by making it a penal offence in their own officers, to render any aid in apprehending or securing such fugitives, and absolutely refusing the use of their jails for keeping them in custody, till a jury could be impanelled, witnesses summoned, and a regular trial be had."

Think of that! It is Massachusetts, Pennsylvania, Ohio, and New York, which prohibit the fugitive from getting a trial for his freedom, before a jury of twelve good men and true! But Mr. Webster goes on: "It is not too much to say, that to these State laws is to be attributed the actual and practical denial of trial by jury in these cases." Generally, the cause is thought to precede the effect, but here is a case in which, according to Mr. Webster, the effect has got the start of the cause, by more than fifty years. The fugitive slave law of Congress, which allowed the master to capture the runaway, was passed in 1793; but the State laws he refers to, to which "is to be attributed the actual and practical denial of trial by jury in these cases," were not passed till after 1840. "To what base uses may we come at last!" Mr. Webster would never have made such a defence of his pro-slavery conduct, had he not been afraid of the fire in his rear, and thought his retainers not able to put it out. He seems to think this fire is set in the name of religion: so, to help us "Conquer our prejudices," he cautions us against the use of religion, and quotes from the private letter of "One of the most distinguished men in England," dated as late as the 29th of January--"Religion is an excellent thing in every matter except in politics: there it seems to make men mad." In this respect, it seems religion is inferior to money, for the Proverbs tell us that money "answereth all things;" religion, it seems, "answereth all things," except politics. Poor Mr. Webster! If religion is not good in politics, I suppose irreligion is good there; and, really, it is often enough introduced there. So, if religion "seems to make men mad" in politics, I suppose irreligion makes them sober in politics. But Mr. Webster, fresh from his transposition of his own relative, explains this: His friend ascribes the evils not to "true and genuine religion," but to "that fantastic notion of religion." So, making the transposition, it would read thus: "That fantastical notion of religion," "is an excellent thing in any matter except politics." Alas! Mr. Webster does not expound his friend's letter, nor his own language, so well as he used to expound the Constitution. But he says, "The religion of the New Testament is as sure a guide to duty in politics, as in any other concern of life." So, in the name of "Conscience and the Constitution," Professor Stuart comes forward to defend Mr. Webster, "by the religion of the New Testament; that religion which is founded on the teachings of Jesus and his apostles." How are the mighty fallen!

Mr. Webster makes a "great speech," lending his mighty influence to the support and extension of slavery, with all its attendant consequences, which paralyze the hand of industry, enfeeble the thinking mind, and brutify the conscience which should discern between right and wrong; nine hundred and eighty-seven of his retainers in Boston, thank him for reminding them of their duty. But still the fire in his rear is so hot, that he must come on to Boston, talk about having discussion suppressed, and ask Massachusetts to conquer her prejudices. That is not enough. He must go up to Andover, and get a minister to defend him, in the name of "Conscience and the Constitution," supporting slavery out of the Old Testament and New Testament. "To what mean uses may we not descend!"

There is a "short and easy method" with Professor Stuart, and all other men who defend slavery out of the Bible. If the Bible defends slavery, it is not so much the better for slavery, but so much the worse for the Bible. If Mr. Stuart and Mr. Webster do not see that, there are plenty of obscurer men that do. Of all the attacks ever made on the Bible, by "deists" and "infidels," none would do so much to bring it into disrepute, as to show that it sanctioned American slavery.

It is rather a remarkable fact, that an orthodox minister should be on Mr. Webster's paper, endorsing for the Christianity of slavery.

Let me say a word respecting the position of the Representative from Boston. I speak only of his position, not of his personal character. Let him, and all men, have the benefit of the distinction between their personal character, and official conduct. Mr. Winthrop is a consistent whig; a representative of the idea of the whig party North, Protection and Slavery. When he first went into Congress, it was distinctly understood that he was not going to meddle with the matter of slavery; the tariff was the thing. All this was consistent. It is to be supposed that a Northern whig will put the mills of the North before the black men of the South: and "Property before persons," might safely be writ on the banner of the whig party, North or South.

Mr. Winthrop seems a little uneasy in his position. Some time ago he complained of a "Nest of vipers" in Boston, who had broken their own teeth in gnawing a file; meaning the "vipers" in the free soil party, I suppose, whose teeth, however, have a little edge still left on them. He finds it necessary to define his position, and show that he has kept up his communication with the base-line of operations from which he started. This circumstance is a little suspicious.

Unlike Mr. Webster, Mr. Winthrop seems to think religion is a good thing in politics, for in his speech of May 7th, he says--"I acknowledge my allegiance to the whole Constitution of the United States.... And whenever I perceive a plain conflict of jurisdiction and authority between the Constitution of my country and the laws of my God, my course is clear. I shall resign my office, whatever it may be, and renounce all connection with public service of any sort." That is fair and manly. He will not hold a position under the Constitution of the United States which is inconsistent with the Constitution of the Universe. But he says--"There are provisions in the Constitution [of the United States, he means, not of the universe], which involve us in painful obligations, and from which some of us would rejoice to be relieved; and this [the restoration of fugitive slaves], is one of them. But there is none, none, in my judgment, which involves any conscientious or religious difficulty." So he has no "conscientious or religious" objection to return a fugitive slave. He thinks the Constitution of the United States "avoids the idea that there can be property in man," but recognizes "that there may be property in the service or labor of man." But when it is property in the service of man without value received by the servant, and a claim which continues to attach to a man and his children forever, it looks very like the idea of property in man. At any rate, there is only a distinction in the words, no difference in the things. To claim the sum of the accidents, all and several of a thing, is practically to claim the thing.

Mr. Winthrop once voted for the Wilmot Proviso, in its application to the Oregon Territory. Some persons have honored him for it, and even contended that he also was a free soiler. He wipes off that calumny by declaring, that he attached that proviso to the Oregon bill for the purpose of defeating the bill itself. "This proviso was one of the means upon which I mainly relied for the purpose." "There can be little doubt," he says, "that this clause had its influence in arresting the bill in the other end of the capitol," where it was "finally lost." That is his apology for appearing to desire to prevent the extension of slavery. It is worth while to remember this.

Unlike Mr. Webster, he thinks slavery may go into New Mexico. "We may hesitate to admit that nature has everywhere [in the new territory] settled the question against slavery." Still he would not now pass the proviso to exclude slavery. It "would ... unite the South as one man, and if it did not actually rend the Union asunder, would create an alienation and irritation in that quarter of the country, which would render the Union hardly worth preserving." "Is there not ample reason for an abatement of the northern tone, for a forbearance of northern urgency upon this subject, without the imputation of tergiversation and treachery?"

Here I am reminded of a remarkable sentence in Mr. Webster's speech at Marshfield, in relation to the northern men who helped to annex Texas. Here it is:--

"For my part, I think that Dough-faces is an epithet not sufficiently reproachful. Now, I think such persons are dough-faces, dough-heads, and dough-souls, that they are all dough; that the coarsest potter may mould them at pleasure to vessels of honor or dishonor, but most readily to vessels of dishonor."

The Representative from Boston, in the year 1850, has small objection to the extension of slave soil. Hearken to his words:--

"I can never put the question of extending slave soil on the same footing with one of directly increasing slavery and multiplying slaves. If a positive issue could ever again be made up for our decision, whether human beings, few or many, of whatever race, complexion or condition, should be freshly subjected to a system of hereditary bondage, and be changed from free men into slaves, I can conceive that no bonds of union, no ties of interest, no cords of sympathy, no consideration of past glory, present welfare, or future grandeur, should be suffered to interfere, for an instant, with our resolute and unceasing resistance to a measure so iniquitous and abominable. There would be a clear, unquestionable moral element in such an issue, which would admit of no compromise, no concession, no forbearance whatever.... A million of swords would leap from their scabbards to assert it, and the Union itself would be shivered like a Prince Rupert's dress in the shock.

"But, Sir, the question whether the institution of slavery, as it already exists, shall be permitted to extend itself over a hundred or a hundred thousand more square miles than it now occupies, is a different question.... It is not, in my judgment, such an issue that conscientious and religious men may not be free to acquiesce in whatever decision may be arrived at by the constituted authorities of the country.... It is not with a view of cooping up slavery ... within limits too narrow for its natural growth;... it is not for the purpose of girding it round with lines of fire, till its sting, like that of the scorpion, shall be turned upon itself,... that I have ever advocated the principles of the Ordinance of 1787."

Mr. Mann, I think, is still called a whig, but no member of the free soil party has more readily or more ably stood up against the extension of slavery. His noble words stand in marvellous contrast to the discourse of the representative from Boston. Mr. Mann represents the country, and not the "metropolis." His speech last February, and his recent letter to his constituents, are too well known, and too justly prized, to require any commendation here. But I cannot fail to make a remark on a passage in the letter. He says, if we allow Mr. Clay's compromise to be accepted, "Were it not for the horrible consequences which it would involve, a roar of laughter, like a _feu de joie_, would run down the course of the ages." He afterwards says--"Should the South succeed in their present attempt upon the territories, they will impatiently await the retirement of General Taylor from the executive chair to add the 'State of Cuba' ... to this noble triumph." One is a little inclined to start such a laugh himself at the idea of the South waiting for that event before they undertake that plan!

Mr. Mann says: "If no moral or religious obligation existed against holding slaves, would not many of those opulent and respectable gentlemen who signed the letter of thanks to Mr. Webster, and hundreds of others, indeed, instead of applying to intelligence offices for domestics, go at once to the auction room, and buy a man or a woman with as little hesitancy or compunction as they now send to Brighton for beeves?" This remark has drawn on him some censures not at all merited. There are men enough in Boston, who have no objection to slavery. I know such men, who would have been glad if slavery had been continued here. Are Boston merchants unwilling to take mortgages on plantations and negroes? Do northern men not acquire negroes by marrying wealthy women at the South, and keep the negroes as slaves? If the truth could be known, I think it would appear that Dr. Palfrey had lost more reputation in Boston than he gained, by emancipating the human beings which fell to his lot. But here is a story which I take from the Boston Republican. It is worth preserving as a monument of the morals of Boston in 1850, and may be worth preserving at the end of the century:--

"A year or two since, a bright-looking mulatto youth, about twenty years of age, and whose complexion was not much, if any, darker than that of the great 'Expounder of the Constitution,' entered the counting-room, on some errand for his master, a Kentuckian, who was making a visit here. A merchant on one of our principal wharves, who came in and spoke to him, remarked to the writer that he once owned this 'boy' and his mother, and sold them for several hundred dollars. Upon my expressing astonishment to him that he could thus deal in human flesh, he remarked that 'When you are among the Romans, you must do as the Romans do.' I know of others of my northern acquaintances, and good whigs too, who have owned slaves at the South, and who, if public opinion warranted it, would be as likely, I presume, to buy and sell them at the North."

I have yet to learn that the controlling men of this city have any considerable aversion to domestic slavery.[8]

Mr. Mann's zeal in behalf of freedom, and against the extension of slavery, has drawn upon him the indignation of Mr. Webster, who is grieved to see him so ignorant of American law. But Mr. Mann is able to do his own fighting.

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So much for the political parties and their relation to the matters at issue at this moment. Still, there is some reason to hope that the attempt to extend slavery, made in the face of the world, and supported by such talent, will yet fail; that it will bring only shame on the men who aim to extend and perpetuate so foul a blight. The fact that Mr. Webster's retainers must come to the rescue of their attorney; that himself must write letters to defend himself, and must even obtain the services of a clergyman to help him--this shows the fear that is felt from the anti-slavery spirit of the North. Depend upon it, a politician is pretty far gone when he sends for the minister, and he thinks his credit failing when he gets a clergyman on his paper to indorse for the Christian character of American slavery.

Here I ought to speak of the party not politicians, who contend against slavery not only beyond the limits of the Constitution, but within those limits; who are opposed not only to the extension, but to the continuance of slavery; who declare that they will keep no compromises which conflict with the eternal laws of God,--of the Anti-slavery party. Mr. President, if I were speaking to whigs, to democrats, or to free soil men, perhaps I might say what I think of this party, of their conduct, and their motives; but, Sir, I pass it by, with the single remark, that I think the future will find this party where they have always been found. I have before now attempted to point out the faults of this party, and before these men; that work I will not now attempt a second time, and this is not the audience before which I choose to chant its praises.

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There are several forces which oppose the anti-slavery movement at this day. Here are some of the most important.

The Demagogues of the Parties are all or nearly all against it. By demagogue I mean the man who undertakes to lead the people for his own advantage, to the harm and loss of the people themselves. All of this class of men, or most of them, now support slavery--not, as I suppose, because they have any special friendship for it, but because they think it will serve their turn. Some noble men in politics are still friends of the slave.

The Demagogues of the Churches must come next. I am not inclined to attribute so much original power to the churches as some men do. I look on them as indications of public opinion, and not sources thereof--not the wind, but only the vane which shows which way it blows. Once the clergy were the masters of the people, and the authors of public opinion to a great degree; now they are chiefly the servants of the people, and follow public opinion, and but seldom aspire to lead it, except in matters of their own craft, such as the technicalities of a sect, or the form of a ritual. They may lead public opinion in regard to the "posture in prayer," to the "form of baptism," and the like. In important matters which concern the welfare of the nation, the clergy have none or very little weight. Still, as representatives of public opinion, we really find most of the clergy, of all denominations, arrayed against the cause of Eternal Justice. I pass over this matter briefly, because it is hardly necessary for me to give any opinion on the subject. But I am glad to add, that in all denominations here in New England, and perhaps in all the North, there are noble men, who apply the principles of justice to this question of the nation, and bear a manly testimony in the midst of bad examples. Some of the theological newspapers have shown a hostility to slavery and an attachment to the cause of liberty which few men expected; which were quite unknown in those quarters before. To do full justice to men in the sects who speak against this great and popular sin of the nation, we ought to remember that it is harder for a minister than for almost any other man to become a reformer. It is very plain that it is not thought to belong to the calling of a minister, especially in a large town, to oppose the actual and popular sins of his time. So when I see a minister yielding to the public opinion which favors unrighteousness, and passing by, in silence and on the other side, causes which need and deserve his labors and his prayers, I remember what he is hired for, and paid for,--to represent the popular form of religion; if that be idolatry, to represent that. But when I see a minister oppose a real sin which is popular, I cannot but feel a great admiration for the man. We have lately seen some examples of this.

Yet, on the other side, there are some very sad examples of the opposite. Here comes forward a man of high standing in the New England churches, a man who has done real service in promoting a liberal study of matters connected with religion, and defends slavery out of what he deems the "Infallible word of God,"--the Old Testament and New Testament. Well, if Christianity supports American slavery, so much the worse for Christianity, that is all. Perhaps I ought not to say, _if_ Christianity supports slavery. We all know it does not, never did, and never can. But if Paul was an apologist for slavery, so much the worse for Paul. If Calvinism or Catholicism supports slavery, so much the worse for them, not so much the better for Slavery! I can easily understand the conduct of the leaders of the New York mob: considering the character of the men, their ignorance and general position, I can easily suppose they may have thought they were doing right in disturbing the meetings there. Considering the apathy of the public authorities, and the attempt, openly made by some men,--unluckily of influence in that city,--to excite others to violence, I have a good deal of charity for Rynders and his gang. But it is not so easy to excuse the conspicuous ecclesiastical defenders of slavery. They cannot plead their ignorance. Let them alone, to make the best defence they can.

The Toryism of America is also against us. I call that man a Tory, who prefers the accidents of man to the substance of manhood. I mean one who prefers the possessions and property of mankind to man himself, to reason and to justice. Of this Toryism we have much in America, much in New England, much in Boston. In this town, I cannot but think the prevailing influence is still a Tory influence. It is this which is the support of the demagogues of the State and the Church.