TnOIiStlTMT, Editor.
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IE0MD1S I. IESITj AWiiif Ui'a.
VOL. XLI.
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-(SPEECH OF MR. BADGER,
OHTUX ILJIVKBY QI'grriON.
ntllctml in the Senate, March, 18, 1830
The Senate having under consideration the
retolriuont submitted by Mr. Clay
Mr. Badger add: Mr, President, it it not
nirpriMg, air,' considering the subject-maltcr
of the resolutions submitted by the lion. Sen
ator dam Kentucky (Mr. City,) that there
should hare been a warm and even an excited.
debate produced by thffni in lhi house.
Nor it it auroriainir, eonaiderinff the variety
of tonics embraced in those resolution, that
here should have been a ereat diversity of
sentiment anions the members of this body.
The delieate nature of the subject out of
which those resolutions have (frown to
which directly or indirectly, they all relate r-
furnishes abiin lant excuse, and even jusnnra.
lion, for the large amount of excited feeling
and warmth, aud animation of discussion,
here and elsewhere, I do not rise, Mr. Pres-
IIITTTlf Willi mw- W MM "
shall tend to a "!rrav ate excitement, or at ati
I 1 . l.L - ., : ,.T -.,:nM .nirltiini whlfh
ti lesspn the prospects' of an amicable aecotn
modition of the various matters in dispute,
pending, between . the different portions
. f this country. - Qa . ..tlm contrary, while I
shall express, with plainness and sincerity, the
views which 1 entertain) I shall endeavor to
avoid saying any lliiuir which can give just
ollonee. - In lha remark which I shall sub
mit to the Senate, I shall endeavor- to cultivate
in my tell, and, so lar as depends upon me,
in other, that nirir of --mutual" concession,
ciiiiiurofniiie, and kind feelinir, in which the
, I li:im of (he Suites originated, and by culli
vatma - which alalia can iLhe nreacrvett.,!
There can he no question 'ihat the uHct
under the eonstdrmtmn of the Senate ta vast
ly unponsiik -it is. in my juukiiichi, aa 1111
portaat as the value of the Union; and for the
estimate of that value, I possess no adequate
powers of computation, l o us, as a people,
it is. indeed, tues'.iinabte. VVIier therefore.
questions are moved here which do, either
directly or indirectly, involve the continuance
of this Union and the maintenance of the form
' of loveniment undrr which we live, I must
eoHsmur Hmtvuiw tfaRtccuman uiipunamrg
ss lobe worthy of every exerciso of the un
derstanding ol every meiriher of this bodv, and
as demanding from us all the exereiee of mod-
rUUII J UBII.I , l.l, , MIU L III II II III.OII, 111 V,
dor to produce good and avoid evil.
" In the first place, 1 concur entirely in what
h been so often Mid upon this floor, that
fc there ean be no peaeenbie separation of this
Union. ; From iha very nature of the case
from the character of out institutions from
the character of the country Irom the nature
of governmcqt liself, it is, in my judgment,
impossihle Ihat there ean'be a peaceable sepa
ration of iliis Union. - But if there could be,
1 agree entire!) with the honorable Senator
irom Rentuexy, mat mat state or peace m
which we might separate mast be speedily
ended must terminate in intestine conflicts,
in wars, which, Irom the nature of the case.
, could Know no amicable termination, no per
. manrnt peace, but until theauperiority of one
or the other side in the conflict should be
completely established, would admit of noth
ing but hollow truces, in which each might
breathe from past exertions, and make prepar-
aunns lor tuiure eonlticts. .
' Sir, the Idea of the separation of these States
into distinct confederacies was thought of, and
considered, and spoken of, before the adoption
' of this constiUilioiW' At the time thai the
question wac be lore the American people,
whether the constitution proposed by the
conveaufn snouiu oe aaopud, it was then
, spoken oC It probable, ea, certain eon-
equenee, were referred lo by the writer of
Ihat admirable series of papers denominated
" the "Federalists;" and I beg the indulgence of
"wi wniie i reaa a very nef extract,
"c '"g w wi ol Uios eminent men.
"If Uie.autt',h,aia either benUollydieanited,
er only mil ted in pwtiij oonMwci,. murt be
- f V"1"" P"ltioBtwho euserioatly
; doubt that the iuMItIiIom latowblch they might
- , iroqmeBl nan violent eon.
ewitheMhwhar. I. jraanaw awant ofmo
tins for tack sootetts, ae argument against
1 r. wm" , W""Q netororget that atea are
MtbWowU,,,,,.,., Iwlk ,
aseeitiaMtU efhanMay botweon a s4sr f
""I1""""' aneoimecteil sovereinities, situated
- """" righborhood, would be to dinregard
, , 2!" baaauveita,aadtosMat
vTv. "lated oiporieaoe of ages.
mis wa a just view of the probable, the
, j. eerhun result of separation- of these Slates
L i una ""dt h then .circuaiiUB
' ZT'j. '",- yt,' ir "pn na. t the prcs-
4 t " Stale were freth from the conflict of the
tevcJBtwaarjr w T0WI My had ther
' ljr naMmbraoe W the contest in which
mey DM foughn and in which they bad gath
' ' .?. ,eWry nd honor together, but the
v.-leading men of thai tim. were those choice
w. pinta who had earried Oientthroufh thai recent
trflii " had "Wwhed the independeiio
1 in MM:" wnoereised an intiuenee
'Ciam tL PmPrtioed ta their patri-
4 if -,H f--m.L
4 alienation which must
'exist in any separation of these Slates at the
I present day. If w eparatcnow, we do it
with feelinn nf mutual distrust and bitterness.
We divide not by common consent, as partners
who can no longer carry on their joint busi
ness with mutual profit," each to pursue for
his own separate advantage that con rue of bu
siness in winch he can best succeed; but we
part with the feeling of those who consider
themselves mutually wronged. A sense of
injustice nd oppression rankle in the hearts
of one portion of one of the new confederacies,
and a tense, to the other, of defiance and in
dignity. ,
: Under such circumstances, "what ean en'
sue," Jto borrow the language of the great
bnglith moralists, but a continual exacerba
tion of hatred an unextinguishahle feud
an incessant reciprocation ol miachiet a mu
tual vigilance to entrap and eagernes to de
stroy?" The question has been asked. What can
the States dnT supposing them to be divided
and separated into distinct suhdi iaiont, or
independent sovereignties. Allow me to an
wer thai question in the words of one of
the most eminent men whom my State has
ever produced; a man of clear and compre
hensive intellect, ofa solid heart, and enlarged
and ardent patriotism; who shed a glory a
round his native State, and wb"se name is
held in just veneration by "every one who
acknowledges himself a North Carolinian.
A t another period of -our history, the sii me
qiiesiiofrWaaw
18.12, it had become an inquiry a subject of
Uisqutsition in my own state and the late
Judge Gaston, in an address delivered in 1833
bclore the literary societies ol the L nircrsity,
tlius treats of the subject:
Threat, jot resistance, tecetsion, teptrttlon.
have become common at houtehold wordt, . in the
wicked and Hilly violence of public declitinieri. The
jmblieoav -it familiaHted, the public mind will toon
be aecnetomcd to the detctUble suggeHtion of dil
ution. Citlcuiations and conjectnret what may
the Eatt do without the Houtli, aud what may the
South do without the East uneert, menacet, re
protchct and recriniminntiont all tend to thettme
fatal end. Whatcen the East do without the South?
What can the Houth do without the Ettt? They
may do muchi thny mny eihibit to the enrintity of
Bolitieal aatemit, and the pity and wonder of
the world, the "dujecta mrimbra" the tundered,
bleeding lirabt of a onee gigantic body, instinct
with life, and strerigth and vigor. They can fur
nish to the pliilotophio historian another melan
choly and striking Instance of the volition axiom,
that all republican eonfederaciet have an inherent
and unavoidable tendency "to dissolution. They
will present fields and oecasiont forborder ware,
for leagues and eonnter-Ieagnet, for thenjriguet of
petty statesmen, the struggles or military chiefs,
for confiscations, insurrections and deeds of darkest
hue. They will gladden the hearts of those who
have proclaimed that men are not fit to govern
Ihemtei .ei, ana atted C disastrous eclipse on the
hopes of rational freedom throughout the world,
(Man, 4 hi oda -proposed no punishment for Bar
ricade, treating it at an impossible crime, 8uchy
with ns, ought to he "the crime of politiont parrroaile
i-ths dumembcrment of our 'nitaeriana
To me, sir, these sentiments convey a just
represantation of what will be the luture and
nnavoidoble results of a separation of the peo
ple of this country into distinct and indepen
dent confederacies. A nil when I look at the
Drottiect before us, it is one so dark, filled
with such fforrid forma of dread and evils that
L aaillingly rlose my eyes upon it, and desire
to believe that it la impossible it should ever
inow, iMr. rresiueni, ii tne cvns resuiiing
from a dissolution of the Union be of the kind
and magnitude which I have stated, is there
any dam.igf Have we any reason, in the
present condition of the country, to apprehend
that a dissolution may follow the action of the
Cilngress of the United States upon the great
questions before as? Is there a probability
that a result mav follow anv course which
Conrrnst may t'hiiik proper to ute,'anv .3e
eision to which they may come, upon these
vexed and harra sting questionsi 1 am not,
and never have beervnd trust I never shall
be, an alarmist. I loot to the Union , as the
palladium, not only of the general safety, but
of the individual liberty of the several parts
that compose it. I will not undertake to state,
sir, what amount ofhaxard we might encoun
ter of some domestic con'-ulsion; but that there
is more or less reason for apprehension that
Uiere is danger greater or leas no man can
doubt who attends V what he heart in his
chamber and what he sees throughout the
Country. The most emment.-in belonging
to this bodv realise ihat we Ire In a aituation
which reouire treat skill arHUdcxterily in
the management of public measures; thai there
I danger, that this Union, though incapable of
peaceable separation, or, if peaceably sep
arated, incapable of maintaining between the
portion' of which ilia composed, for any length
of lime, harmonious relations, may yet expe
riwK'eaonvulaions and vtotenT ' separations.
Whether the danger be greater or letter
whether it is exaggerated on the one band, or
looked upon as too small upon the other if
there be any danger, however remote any
reason, however small, to fear such results,
to a man with a patriotic heart it furnishes
just the same ground of caution juat the same
motive for forbearance just the same ground
for the exercise of car and diligence for our
preservation, at if the danger were immediate
or the cause of fear great. W all realise
this in the ordinary transaction of life. If
n man ha any reason to suppose, however
remote the danger, that the house in which
he b conceal powder magaxine beneath it,
he doe not wait to have demonstration of
the fact before he take measure for hi secu
rity. In all human affiir urn are obliged to
act upon probable evidence, and to provide
for probable contingencies, and to respect even
the lowest degree of probability, in avoiding
danger and securing safety. 1 care not wheth
er there be more or leu reason to think tint
a convulsion may be produced among the
people of the different sections of the Union
by the manner m which these question shall
be decided by Congress: if there be nay dan
ger, any ground of fear, aa men of sense", at
men of patriotism, a lover of our country,
we are bound to the most anxioua, earnest,
persevering effort to secure the country, :
Eiitertainins- these views upon the subject, and i
havinataied what I believed lo be the duty
of us all, I profess now to act, and' to be al
ways ready to act npon th principle wnicn i
have staled a that which should govern our
conduct, . :'
Iii what, Mr. President, have " these diffi
culties their origin? They spring from one
single source. They may multiply themseive;
they may assume various directions; they
may govern and direct the' conduct of individ
uals fn various mode; but th whole difficulty
lie in slavery as its original and sole sou roe.
It ts th existence or that tnstitatton in certain
State of this Union, and, the existence of that
RALEIGH, WEDNESDAY MORNING,
iniiitulion alone which ha brought upon
the necessity of considering whether litis
nion is safe, Eniertaiiiing very clear and de
eided views upon the .subject of that institu
tion and seniiinenls having , been expressed
with great confidence by many gentlemen,
particularly by the Senator , from New York,
who site on th.s side of the chamber, Mr.
Seward aa to its nature and character, con
sidered in a religious point "of view; it being
assumed as a matter of course that that institu
tion itself is utterly opposed lo the spirit and
law of Christianity, and that it must be taken
toheinitselfmorall'ycvil evil altogether and
to be tolerated only where we have no power
to put it down, I beg leave, though not exactly
germane to the political discussion, to sub
mit to the Senate a brief inquiry into the cor
rectness of this view. I maintain and en
deavor to establish, that whether the institu
tion of slavery be considered as an evil or not,
it is not a sin. It is not in itself a violation of
the Divine law. It was aaid by the honora
ble Senator from Massachusetts, in the noble
and able speech which he dilivercd the other
day, that that institution had existed from the
earliest times; that the firrt writers of history
found it existing; thatin the theocratic gov
ernment of the Jews, no disapprobation of
it was expressed; and that, under the Gospel
dispensation, no injunction against it was to
be found. That is the truth, sir, but it is not
11 the truth. It is clear that this institution,
which we find existing lalhe world before arid
ai me commencement oi me jewisn ineocracy,
not only was not disapproved of, but expressly
recognised, approved, and its continuance sanc
tioned by the Divine Lawgiver of the Jews. ,
Whv, Mr. President, if we disabuse our
minds of the influence of previous opinions,
and undertake to inquire whether the Divine
law oft'haritv condemus the institution of
slavery and if in this inquiry we subordi
nate our own judgments to the teachings of
the Divine Lawgiver himself there can be
but little doubt as to the result at which we
must arrive; and it will be that which I have
stated. Hut we may adopt a different mode
of conducting the inquiry may allow some
inward impulse or feeling to give interpreta
tion lo tlie great law ol rhanty, and set up
our own speculations to regulate our judgment
of its force and application. We may thence
be led to conclude that the institution of slave
ry is utterly unlawful; but in so doing we
present a melancholy instance of Ihe human
interpreter setting himself in direct opposition
to thepractical commentary which the Divine
Lawmaker has given upon his qwn law.
Now, sir, I find in the 25th chapter of Le
viticus lhi passage: "
'And if thy brother thatdwelleth by the be wax
en poor, and be told unto the, thou thalt not
compel him to serve at a bond servant. But as'a
hired aerrrnt. and uaaojoarner, he shall be with
thee, aud shall serve thee unto the year of jubilee.
and then shall he depart from thee, both he and hit
children with bun, aud shall return unto nil own
family, and unto the possesion of hit father shall
he return. For tiiey are my servants, which I
brought forth out or the land of Egypt; they shall
not he sold at bondmen. Thou thai! aot rub) over
him with rigor, but shall fear thy Ood.. But thy
bondmen and thv bondmaids, which thou thalt have,
be "of the heathen that are round about you; oft
them thall ye buy bondmen and bondmaids. More
over; of the children of the strangers that do sojourn
among you; of then! shall ye buy, and of their fam
ilies ihTSrt'wrm-you-wMi-thWs
liwdi -end ithey,shaU bs your, poawsiion. . And, J
snail taa them at aa innentaoce r. r ynur euiioren
aft.r you, to inherit them for a possession, they
thall be your bondmea forever; but over your breth
ren, the chllden of Israel, y shall aot rule over one
another with rigor.
A His is) ons uiiioiik mw many uirevi, ywr
live, authoritative approvals by God himself
of the institution of slavery, existing at tne
lime of the Jewish theocracy. It is not
!!!,!II!'5)!BrcWHSl firiaranc.o to prcv
hilut hut an express permission to the Isra
elite", whom he condescended to govern in the
stead of a human ruler, to purchase of the
surrounding nations and of strangers among
thenv slaves, and to hold them aa an inticri
tanc forever.
Slavery, Mr. President, was found, as men
tioned by the honorable senator from Massa
chusetts, an existing institution at the time of!
I hi uospel dispensation, ana was spread
throughout the earth. What treatment did
it receive from the founders of that Gospel
dispension? It was approved first negative
ly, and then positively. First negatively,
because. In the whole New, Testament, there
is not to be fonnd one single word, either
spoken by our Saviour or by any of the E-
ranelists or Apostles, in which Ihat institution
it either directlynr indirectly condemned.- And
also affirmatively. To show this, I desire
to call the attention of the Senate to two or
three passages from the epistle of St. Paul,
and to bring them forward, with s com
menlarT trom' one of 'Ihe besV" men " that
ever lived, as well as one of the most learned
divines, who spent his life between the years
1731 and 1 700 in ihe kingdom ofScotland, who
never set hi foot upon the soil where there was a
slave and never saw a slave. He gives his
opinions in a most able work of his, entitled,
A New Translation, Commentary, and notes
upon the Epistles" not any hasty production
. . . ,. Lf ,:.-
out uie result oi uiiny years oi ni me ex
pended upon this subject, which it is said was
five times written over by his own band before
its publication. I allude to the celebrated Dr.
McKmght of the established Presbyterian
Church of Scotland. ,
In the introduction to the sixth chapter of
thenrst epuue of Timothy, he thus expresses
nimseu:
"Because the law of Moses (xod. 21, 2.1 al
lowed no Israelite to be made slave fur life
without his own content, the Judaiiing tenehers,
ts allur slave to their party, taught that ander
the Gospel likewise, Involuntary slavery was un
lawful. This doctrine th apontlo condemned
hem, at in his other epitilet, (t Cor. 7, 20, 21,
4,1; CoL B.22,)by ttijuining Christian slave lo
honor and obey their masters, whether they were
believers or unbelievers, (verses l, 4,) and by
uanrina Timnthv that if StV tsanoD tsultrht
otherwise, he opposed the wfio'enom precepts :
otJeiu linnet, ana we aooinne oi me unepei,
which in all point It conformable to godliness
or sound morality, (verse 3,) and was puffed up
with pride, without pwssessiiig any true know,
edge either of th Jewish or of the Christian
revelation, (verse I.)''
The passage in the epistle referred to by
Dr. Mcknight is in 'these words:
' "lot at many servant at are under th yoke
count their own sutler worthy of all honor, that
th name of God and his doctrine bqnot blaaphena
ed. And they that have believing masters, let
thant not doapUe them beeaae they are brethren;
but rather do theta service because they are
faithful ami beloved, partaker of th benefit
These thinin leach and exhort. If any man teach
otherwise mid eoaseni not to wholaome word;
even Ilia words of our Lord Jesua Christ, and to
the doctrine which is according to gndlinnsa, he
is proud, knowing nothing, but (luting about ;
us questions and strifes of words, whereof eometh
U.snyy, strife, railings, evil tnrmisinga, perverse
- jdisHiting of mm of corrupt mind, and dotuV
tute of the truth, supposing that gain is godliaest;
from such withdraw thyaeu."
On this he has the following note:
"Bv ordering Timothy to teach slaves t con
tinue withand obey thoir Qiater, the apostle hath
shewed, that the Christian religion neither alters
men's rank in life nor Abolishes any right tu
which they are entitled by the law jf nature, or
bv the law of the oountrv whore thev live. In
stead of encouraging slaves to disobedience, the
Uotpct makes them more faithful and eotfscrcn
tious. And by sweotening the tempera of mas
ter, and inspiring them with benevolence, it
renders tho condition of tlavea mora tolerable
than formerly: for in proportion as masters im
bibe tho true spirit of the Uospel, they will
treat their tlavet with humanity, and eveu give
thoui their freedom, when their services merit
tuch a favor."
I ask the attention of the Senate to a brief
passage from the sixth chapter of I.phesians.
It is in these words:
"Servants, be obedient to them that are your
mattera according to the nosh, with tear and
trembling, in aingluueta uf your heart, an unto
Christ; nor with eyervice, as men-pleaacrs, lint
at the servants of Christ, doing thtr-will of Ood
from the heart, with good will doing eorviee, as
to the Lord and not to men; knowing that what
soever good thing any man doeth, the same
hall ho receive ol tho Lord, whether na do nvtiu
jor free."
The passage la . thus pharaulirascd by Dr.,
MsKlitgttt" tit Vmntmnixn.'-"-'---"-
At the Gospel does not cancel the civil right
of mankind, 1 tay to bond tenants oliey your
master, who nave Ihe property of your body,
with fear and trembling, ss liable to lw punished
bv them for disobedience." obey nlo Iroiu the In
tegrity of your own disposition, at obeying
Christ.
Do this, not merely when their eye is on von,
or thev are to examine your work, as those do
whose sole care is to please mom -but a bond
men of Christ, doing the will of Uod in tbit mat
ter from the soul that it, diligently.
"With cheerfulnettdo your duty to your earth
ly masters aa servant to tho lord Christ, for in
serving them faithfully, ye servo Him; and there
fore do nut consider yourselves as servantt tu
men only. And that ye may be supported under
the hardships of your'lot, recollect that your re
ligion teaches you, that whatever good action
any man does, "for that, though he should receive
noreward from mo, he thall receive at the judg
ment a reward from Christ, whether he be a tlave
or a freeman."
I will trouble the Senate with one more
quotation. It is from the third chapter of
CoUossians;
"Servants, obey in all things your masters ac
cording to tho fleah; not with eye-service, as men
pleasers, but in singleness of heart fearing,
God; and whatsoever ye do, do it heartily as
to the Lord, and not unto men; knowing that of
the Lord ye thall reeoive the reward of the Inher
itance, for ye serve the Lord Christ. But ha that
doeth wrong shall receive for-tlie wrong which he
hath done, and there is no respect of persons."
Dr. McKnight explains this pastagt in the
following note:
"Though the word dovlot properly -signifies a
slave, our English translator! in all cases where
the duties of slaves arc inculcated, have justly '
translated it servant; because anoicutfy the
Greeks and Komans hail scarcely any servants
but slaves, and because the duties of tho hired
servant during the time of his service are the
same as those ol tne slave, bo tnai wnnt - tno
nnytfeisaidtq th slave, wa in,scff(jc ,sai(J to the
hired tcrvonL Upon these principles in transla
tions OI uie icniHuniB uvsiKueu tor uvuiikiu
here slavery is abolished and sorvnnts are free
men, the word dmilon, may with truth, he trans
lated a servant. In thit, and tho parallel pas
sage, r.pnetians, u, o, me uponini in very par
ticular in bis precepts to slaves and lords; because
in all the countries where slavery wat cstaohsn
ed, many of the slaves were exceedingly addicted
to fraud, lying, and stealing anil many of the
maatera.ww tyrannical and cruel to their slaves.
I'erhnet, also ho was thus particular in his-pre
eepts to slaves because Jews held perpetual slave
ry lo be unlawful, anil beeauso the Judaiiing
le lienors propagnieii xuni uocirmu in too ciiurcn.
But from t-e apostle's precepts it may be inferred
that if slaves are justly acquired, they may bs
lawfully retained, a the Gospel doe not make
void any ot the political rignu oi nianainu.
Now, sir. the institution which existed at
the lime when Christianity was proclaimed
was tlius recognised as lawful, It was proper
slavery perpetual slavery-:- servitude fur
life, with the obligation of servitude trans
mitted to (he descendants; and permit me to
say, it was slavery far more hard, fur more
liable to reproach, tar more deserving con.
demnation, than any thing that has ever ex
isted in this country. It was a slavery in
which the master had the power ol lile and
death over his slave. It was a slavery in which
bndilv hardshiD was imnosed onon the slaves
df a kind and in a degree totally unknown
in any State of this republic. The rural
slave often worked in chains, and were usu
ally turned at night into one common recepta
cle, in which each had his cell, and theie
detained until they were prepared to resume
the labor of the following day. It was a
slavery in which the domestic servants were
subjects of every species of exaction from
bard and tyrannical matter; whose heart had
not been mollified by the bemguant influen
ce of Christianity; and of these domestics
they who probably had Ihe hardest lot were
the Tyre women, who waited upon the Ro
man ladies, and who often received the se
verest treatment for any want of skill and dex
terity in arranging the hair snd dresses of their
lovely yet fastidious mistresses, so as to display
their charms to the greatest advantage. .
So Christianity lonnd Una institution. It
took it up a an existing relation of life. It
denounced all oppression and cruelly, and in
culcated justice, forbearance, and Immunity,
from the master to the slave. It demanded
fidelity and obedience from the slave to Ihe
master. It recognised expressly that the
matter and the tlave might, without reproach,
be both members of the same church ihat
believing master might have believing staves;
and it enforced their relative duties upon
Gospel principle. Why was it left to exist
in Ihs church, if wrong in itself? There was
no diffculty at all about emancipation. The
restrain'- upon emancipauon were few, and
applied lo special ease. The principal were
the prohibitionto emancipate to iha Injury of
a creditor, the restriction of emancipation by
testament, beyond a certain number or pro
portion, snd ihe provision that emancipation
by person under twenty year of age should
be sanctioned by certain respectable official
persons. Such were th chief restrictions
upon emancipation al th epoch of the Chris
tian revelation.! J '
Nothing couhl Vc easier tliau for St, Paul
to hara (aid, "Slave, bo obedient to your
heathen master! but I say lo yon believing
matter, emancipate your slaves; the law of
Christ is against that relation, and you arc
APRIL 17, 1850.
I bound therefore to set Ihcm at liberty."
j N tuch WOfd b ynat thM day
day
down, th. church acted apon- precitly th
principle both before and after the empire
became Christian the emperors from lime to
time (especially Ihe Christian emperors) by
interposing law for the purpose of preventing
oppression and injustice to slave, snd the
church by her excommunications, affording
a restraint against the barbrous usage on the
part of Christian master.
Now, Mr. President, having an institution
among us so anrlent, so sancnoned, snrely it
cannot be it is in itself, utterly unlawful and
irreconcilable with the spirit and teachings
of our divine religion. I cannot conceive, af
ter considering the writing of the Apottlot
and the continued prnciir or the church,
from its earliest and purest times, which re
cognise slavery as a lawfu' institution, and en
force the duties growing out-of it upon both
master and slave, how we, ' who now hold
slaves, are to be put bevond the charities ofi
our race as oppressors and robber. No sir;
no sir. We stand upon higher and bettor
ground. We justify no injusuee, cruelty, or
hardship. We claim that we have just rights
recognised by dhe religion professf a well
as by the laws of the country in .which we
live, and that, for the possession and just use
of ihem, we should incur no reproach here,
anil we hope we shall incur none hereafter;
though we freely admit lh the trust eonfid
,ed .to, w jjt,high aml.jw impoeiwir, 91,01, for.
the manner in which we discharge it, we must
give an account hereafter, not because we
possess or exercise autlmrity that is right;
that is proper; that is not anti-religious but
for having been faithless if faithless we ahull
he found to the great dutio which the Gos
pel inculcates a to the mode in which that
authority is to be used, and the just restraints
lo bo latd upon it.
I havo not made these remarks beeauaa I
suppose that they will produce conviction up
on the minds of gentlemen who take opposite
views; nor do I suppose that such conviction
can bo produced; but I wish those gentlemen
to understand ihat wedo not Hand in the light
of flitgrant robbers and oppressors, who have
no apparent reason and iiisUhcation lor our
conduct. 10 my mtnu me lawiuuiessoi tins
institution, in the Christian point of view, it
clear, demonstrable, demonstrated, Gentle
men may say: "We do not agree; we hare
the idea that that great law of charity, which
says, 'do unto others as you would that others
should do unto you, forbids you to hold
slave." Ho who gave that law of charity tin'
dur the Old Testament, and who explained
and enforced It under the New, did not declare
such a judgment; and therefore what I want
to deduce and enloroe Irom H is ihat the ut
most ihat can bo said by our northern friends
is, that this is a case not tree ol dilliculty, in
which difference of opiuion may, without just
ollVnce, be entertained; and hence that no
unkind feeling, no prejudice should result, be
eauaa we take a view ol tins suojccl which
does not meet their approbation.
- Mr President, in these excited times, it is
very difficult to get a calm and quiet consider
ation of anything cennected with this subject.
My attention is almost daily arrested by mis
representations with regard to legal enactments
subsisting in the southern States ol this Union,
pina with 'regard tS (ho motive whfch have
dictated these enactments. It would seem a
if men were so carried away by the impulse
growing out ofthi agitating subject, thai they
lose all charitable consideration for the motive
of other, and even prompt to suppose that
whatever is done ia done for a wrong end, or
under a wrong impulse. Now, 1 deem.il
proper though at other times such matters
would not ha. wot thy of any cousidcratioa
to notice on or two misrepresentation wiih
regard to my ewn Slate, of whose laws I
happen to know something, as well as of the
habits and character of her inhabitants I do
this because everything which impresses uii
on the general mind of our northern, fellow.
citizens that we aro a hearties, exacting, un-
jus:, merciless race ol people, ha a most un
happy ellectupon their disposition and feelings
to vanls us, which re-act upon our minus; and
this is continually fomenting and increasing
these sources of disquiet and alienation, which
every patriot must regret and thoujd desire to
remove.
1 saw tlitro'hcr day, accidentally, In hiking
up a newspaper, a note appended to a spnoch
delivered in another place. In this note I found
these passages:
"Xirra bv Ma. Manx. On repairing lo tho Law
Libarv. to ascertain which party was right in re
gard to the almvedifliirenoeof opinion, tlio sennnd
tHiok 1 opened contained at luatttnreecaseswnere
the court! were authorised to sentence a slavo to
be transported fiir the commission of an offence
for which a man most bs unconditionally hung.
(See North Carolina Hov. 8tal. vol. L.ehap. Ill,
li SO. a. 39.,) Of oourse, the reason of this dif
ference isthepeenniftry valueof the slave. Hung,
he would bs worthless: transported to Cuba, lie
mieht bring Irs hundred dollars."
"But laws which punish 'sixorsight,' or 'night
or ten,' any other number 01 oneneet witu ueatn,
when committed by slaves, while the same of
fence receives a mudar penalty when committed
bv whites, or law during the benefit of clergy
(where that rolio of barborisut still prevails) to a
tlave, while it ugraalml lo a wluta man, are sure
ly among the greatest atrocities record od in the
history of tho race."
Now, sir, I would not be willing to suppose
the g 'ntleman who penned these paragraphs
capable of willingly misrepresenting an indi
vidual, much less the whole people ofa State
of the Union; but so carried away was he by
ine aunject, that ne ttoenot perceive that nit "of
eourie, in the first passage, manifests a most
tincharitublo deduction; and ho doe not per
ceive that what he any in the second para
graph Is in direct conflict and ineonaistency
with the first. It the legislature or a southern
Suite permit a slave to be transported for
an offence for which a whits man U put to
death; "Oh," It ia said, "here is detestable av-
arico, sacrificing justice lo money."' And if
the slave is put to death, and not Ilia while
mail. "Here i an instance of the greatest
atrocities that ever disgraced die legislation
of maokind. Now, with reran) to this "of
course," I do not choose that my Stale snail
lis under the imputation 0 being influenced.
in alhxing punishment by the mar value. 01
the Iava a property , The offence referred to:
in the statute, cited in this note, aro conspira
cies, rebellion, Insurrections. The law of
North Carolina, a I sunoose the law of eve
ry' other country, carefully avoid, in regard to
offences which ordinarily Implicate . alarm)
number of individuals, the horrid spectacle of
inuiannmlnate slaughter, and therefore aathor
ize the court there to affix, cither the punish'
men! of death or tmnsjiortation. If the gentle-
man had been sohcitoiia, before making this I
grave charge of
I justice to tlie has
sacrificing the niinciplesoi
1 justice to the buse calculations of pelf, he would
havs looked a hide further into -the" origin erf
this law, and he would have discovered that,
in th preamble of the original lawromitlm5in
the revisal, the motive ia set oul, which is, to
avoid aa unnecessary shedding of blood, hy en
abling the courts, after a sufficient exa.nple bar
been made, to give sentence of transportation
only. Tho purpose, therefore, is eiideot: in
ths first place, to punish with death the leaders,
those whostir and foment thia insurrection,
and with a just eotisidimition and humanity to
withdraw that penalty from subonhmtle in
guilt, while the safety of the State is consult
od by removing tltern out of tho United States.
And if the gendeinaa who wrote this note ha 1
not skipper! over, iu hi citation, the 38ih sec
tion of the same rovimd statute, he would hay
(bund the extreme cat which the legislature
took to avoid any hasty conviction of slaves
cliarged with such offences. The lugislaiurc
knew it waa a subject upon which the pub
lis mind was likely lo become exeited;iiid that
section provides that where the hitimnmv of
black shall bs received, for the - purpose of
convicting die slave, such testimony shall not
be dflemcd sulficicut unlets it is supported by
other nd pregnant circumstances, uniting to
prodnco conviction of guilt To Hie riitndt of tlm
jury who may have charge oflheoflVndcr. No,
air, no such motive rxistaasthe writer of tins.
note supposes. And the reason whv in my
. ..... 1 -.. .. -T. - rr i' "n- -
ililv by death to the whiteman, itobvious. A
white man who join in. such an insurrection
stands without exruto, and li ur-Ccwarily a ring
leader, lie is not a person imposed upon,
but imposing upon others; . and the legislature
wisely and justly determines that no dwcrei'on
ary modification of Uia punishment should be
loft in regard to him, when engaged in such an.
insurrection .against the pcacaaod lives of ihe
community." Hut, sir, the whole legislation of
my Stale I do not moan to distinguish batween
that and other Southern States; 1 speak of her
because 1 know what her laws aro 1 mark'
ed by the extrcmest care for ihe live of those
slaves who are unfortunate enough to be charg
ed with capital oneness, i hey are trim by
tho same u ibunal that trie tho white man.
They have a right to counsel, if not retained
by the owners, assigned hy the court. Thny
have a right u challenge sa juror perempto
rily, and to be assisted in the chal'a.iges
by thoir counsel. They can appeal to the
supreme court; and in ordor to give Uiem tho
largest security that is attainable airainsumrro
per influences, and tho benefit of every aafc
guard against impropor conviction, wh le any
freeholder is competent to ail upon the trial of
myself for my tile and death, no freeholder
who is not also a slaveholder is a competent
juror to pass upon in ills of a Uvr--
Mow, Mr. President, 1 wish it to be distinct
ly understood it i lor thai - purpose-1 have
brought thit subject forward; it is for that pur
pose 1 hare noticed the note 10 which X have
called the attention of the Sonata that Ilia in
ferences drawn from our legislation, as well as
from detached expression and inckluntal ob
servations cantaincd in law reports, to which I
alluded the other d iy, art) Very well calculated
to mislead the mind and lo produce very un
just, and coiwcuiicnlly , uufaiorable, inirrc
sums as to the stale ot Ihe public, mind 111 the
smitfwirn country fn reV.ird ioliiu Uv W 1lo'"iw'"fiu'a(ih' u Aavie.Uiri4k!ii. of the
-dLto ..ren,.ir.,L subject, leaves th Mat to avoid a trial. Tha
are suhiookta -our cftnlruL .
Permit me just to read a marginal note of a
case decided in North Carolina no longer ago
than the month of June lael, where a slave was
charged with the murder of a while man, and
had been convicted of that offence in a court of
law. Hi case was brought to the supreme
court upon exceptions lo the Judge' charge be-
lowtand jWjsdgwwi'W!iwrerm'd,H-mt ti
new trial granted, 'l itis is the marginal nelci
stating ihe principle laid down by the supreme
court: '
If a whits man wantonly Indicts nnon a tlave.
over whom he has no authority, a severe blow, or
repented blows under unusual aireiunitancea,
and the slave at the instant strikes aud kills, with
out evincing, by the meant used, great wicked
ness or crnolty, be is only guilty oi uiantlnnght
r; giving duo weight to motives of policy and the
necessity far mi-ordination. ,
"The same principle of extenuation applies to
tlie boston slave's comrade or friend, who Is pro
se 11L and bists.ntlrkilleth6ataaiLintM artthou l
like manner, by the' meant used, evincing grout
. , j . - i. ,,
Wicaeuiicsa or crueuj. ; . r r-.-
Now, I think I may safely challenge the world
to show a more lender consideration for the
passions and feelings of a human being than is
manifested by that wise, moderate, and jn( rule
wnicn tne supreme court tint l.ml U'nvirhv
wnicn tne mo ot an tintortunain wasu
saved, who, smarting under grots uf treafjujent
had upon the instant taken the life ofa wFiitci
man, ami wiin a weapon useiy to Kin, Kir,!
we ought to understand I wish our northern
friends to understand, that, in - dealing with
this subject, they arc not dealing with inhu
man relations of society existing amthtg a sav
age people, but with an institution existing in
a Christian lnnd, in which slaves are ruled by
Christian master, In which thoir conditi.m m
mitigated by the operation of Ihe prmcinlat
of Chrittianity, and therefore there thouhl be
no state of mind among our friend - of the
north, lounded npon another and mistaken
supposition unjust o us, and which, ' at litis
particular jucture, is calculated to produce
very mischievous result. -
Hut then, sir, slavery must be. remembered
and looked at in another point of view. It is with
us "a fixed fact;" the origin of his matter of
no sort of importance in the itiqtilry how thi
subject is to be dealt with, In the origin of
African 'Slavery here, as far a legislative action
ia concerned, we have a eommon complaint a
gainst Ihe northern country, before our revolu
tion. A faras individual conduct iaeoncora
ed, die only difference between ourselves and
tha North ii, that their ancestor brought slave
to ours, and ours purchased them of Uioirs.
Here they aro three millions of them. v'They1
cannot be removed; tliev tunnot be amHiicip.
ted. Tlinre they must' be; there tlie must
continue as slave, - Whether it is desirable in
tself that they should continue or not usUres.
is a matter of no importance to determine. h
cause it is iinpoesild that the two races ean r?
exist uuUcr any othor re Ulions Hum those which'
now subsist between them. It is no crime ngaiual
humanity to maintain these relations; for I uV
fy tha wit of any man lo point out say cliaugs
in tha general relation of tht) slave population
in tne ooiitn hy which their condition would
not bo rendered vastly worse, their hapiiines
diminished, their hardahip MicMitod, their
food and clothing lessened, sad their cnndition
mmle in every respect intolerable. We must.
tl ion, hope limited to do tlie best we Ran. If
ther bo wrong in the slave being among us,
it is s wrong for which wti arcno niorernoonii-
AO. 17.
u!u-jiuujjjiu'n j11j11.11. -1 j..x..iiJji... j ...l a , -hie
than our northern brcihron, V will not
go hick agjin to. east .reproach apoa the an
cestors of either; but m ths actual' hMiigitl!( lif
the African race here, i the planting them
upon our soil in a stale of bondage, ih-v are
just ( much involved iuUieoilcnce tfull'titu
11 be aa w oursclvca. . - . - j . .
Well, then, Mr, l'renidcnu - tl9 question
arises for it is to ihi particular purpuee ihat
1 niaka these remarks chilli it iii we have
a right tu k of our nort'.icra and northwestern
friends and fi.Uuw-c;:ueii, iu rekvenco w tins
suhjnet of Uver I 15 j'mg an witting instiui
tion,lx'ing such a one a I have lUwrincd it
bein,' alisol utel y tmtcasiry amj 111 c vihiUia,o far
as any human li 'islatton can W hroufflit to bear,
or any human tore-sight i to diseotisr, ihat it
must continue what have ws a right, la, aak
from our norihern f.iouiUt , . T ,
: lu tht first place, we havo a right (mask an
cffociual bill forllie rccapturaoflugitiveaUves.
That niutt lieat Uie, foutuiatiou of any jiacifi
ealiiin pf H'cling bi-'twcca , the North and the
South." Wi.huiit it, every attempt to aenlo the
agitating question will be as insecuro und loiter
ing a a hou-vo built without rai'.a'jl found- "
aiij.i. ThU is a qujauon of right: this is a de
mand fouudnl upon the ennsiiiu-tion: tlus i
not a matter of qucslio or delwto. . If there is
anv thing in the conttitutiun free from doubt,
ditfieuliy or dismitts it is tli.4 lli.it iiwtrument
gives us a right to have our fugitives surwud-
crcd to us.
II tlie consiuutiuii give tha right
t - rr
iliiv'iie-AU,.'j ii4iMAiy "eiuniifcef Vt
right touuinand an etlectual , bill to carry oul
the designs of tho constitution promptly, and
u f.ir at human moans will avail, certainly.'
Now, Mr. President, I tlcsire lo say a few
words upon th subject of thi bill what it
should be, what is iha remedy which we bars
a right to auk, and which the constitution guar- '
antics 10 us. .. '';
In the first rilicn, I icnuik- that the tViimnr
of tho eimatitution iksigned to carry out thl
principle upon w hich thin part of ihe consti
tution was founded ihat, although llio Stale
existed uiulcrsepaniicoganixatiii,they should
still be considered us one to this purpose; that
each should rcpoeo. entire andabsolute confi
dence in the integrity and capacity of tha ju
dicial trilniniilt and legislation uf every other
Slate to administer justice in r?gitrd to all its
cituens and subjects, and thcrutor'u, lliat, both
with regard to fugitives from service and fugi
tives from justice thnro should be a imperative
obligation lo reatoro the fespecljve fugitive to
the jurisdiction from which they escaped, and
make them amenable in every rtmpt ct to tha
dntormitiationof that jurisdiction; !ial the two
cases siand upon the Santa foundutionsv-and ...
were intended to be governed by (he . aaoia .
principles.
The provision of lite consUtulton as to fugi
tive from justice ia in UiPso.ward ; lfl ""
"A person charged In any State with Ireitsnn,
fehmy-er oilier erimn, who hall fie from juatin -and
be found in another State, s'.i ill, on doiutnd .
of the sxocutive authority of the Suite from which
he fled, bo delivered up," to be removed to th
Stato havthi IrtrisiliclUiB of the erlme.,- - -
.ki'W'no-slmll hWfromjurieo." Biilau uvnocenl
mwllrcingtrempertcuUinaimmeiierd on false
grouud, maliciously protneuted, or to be tried by
an arbiinry tribun il, is not in a itrivt ud prow:
rr tens", ueiiing immjumer; yei, wiunn tne liieon-
lug or he constitution, ; he fleet from justice!
t. .1.: : '. ' ... . . .... .
ho.
bciiigcharged with treason, felanv, ofotborerinie.
!"muoiiinr-of the-cttiitTtTition wat, that that jitrl-""
-iittuoa tliau ne innen to usys ill!) capacity ami
Integrity lodetermina justly; and therefore when
he floes from It, Whether In f.icl' guilty or Innu
cout, ho is to bo treated as a fugitive from jiuliee,
A to fugitives from somen, the eonatiiuiion :
provide llni.i: " , ' ' ' . :
"Xo nersnn held to MervicniirUSor lo one fti!
nniler tiiolnwt thereof, escaping into auothor.
shnll, In eonenfl of any law or rejrntatiun;
therein, bti discharged from i:hservicorllior.
but shall ba delivered up on claim of the ptrty to
uom suvu tervicu or laour may un uue.
The two aasea pre in principle nrjdsnlif
similar. Th fugitive from itisiice is to ba
ilchvercd sp hi the executive, who represents,
in external tjnsactjbns, the justice of ihs
Slate; tho ftigittJtu i.ihor ia to 1, d li vered
up, on tho claim lit him to wlioui sued:, labor
in ly be due, anJ eachis to b rcturneil to that
jurisdiction to which he'is properly nuivivible;
sal tlw qiwution whether 01m in gtiiliy or iho
olliei' it rightfully a sl ivo, is not a question to
botransfarrud to ihe juritdic'Lito in , which tho '
fugitive may ha found, ;.-"..,
Thi Mr President, was ilia view of ilioee
who prwsrd the act of IV)3, In the litsl place,
that act of 171)3 includs ;, utider die same suit- ""
ute, provision in respect lo both of ihrs
cases. In tlie next pUce, it authoriite the de
livering up of iha liigitivs from" justice, upon
the transmission of evidoncs to show Unit he
ho boon duly eli ti-gcd in Ihe Suae ftom whirh -he
escaped, and to w hosn jiuuoo hn ought
to bo amenable. -Ami, inreg;ad lo a fugitive '
from labor, authorises the master, hi agent,
oritoriiey,to scixo or arrt-et such fugitive,"
hike him or her before any one of tho officer
named 111 tha act, and upon satisfactory proof,
eitlier oral or by hlHilavit, 1ut Ihe olllccc to to
give a eertifiuata to ihe cluiniuii', his agent, or
attorney ,"'.ii;A l.tttlbt wilkitut u arrant
or removing tht taid fugitive front labor to
tht State or Territory from ithinh he or tht ,
W." not shall be sufficient proof that the
Lu-ra joueiivcreo up ui amine or. owes tno
laboe lo the eluimiuit nor shall .soul:, or de- .
icrniino.or ailjudicate the quemioii., JSo; that
question is opn, to be culctl by llic jurisdic
tion oC the Shite froro which lie escape. Then
ho is to bs relumed. 'J'ht-n, if he w wroerful-
ly uctumsd lit slaver), ho musit m ika hi ap
cal to the propor Uibuuals. . Acivirditig to the -provisions
of the , eonautuiion of the United
Slate, as recogniscil in this stutuie, ilia ti
their jlfajice airtl their iiupartialiy tho whole
must b coiilidciL .. And, Jlr, 1'rusiileiit, it was
ail-important that tuch aproviaimt should ha -inaile.
, We know well tint fiireign Stales arc
Mil in the hubil of surrendering liigigivttii front
justice or from labor. Each Sum seenn In
have considered itlf , baiielit jd, as it neigh."
bur was injured, by it reooiving, couir.cuano
ing, and entcrbiiiiiug ..fugitive from 'justices'
ami when slave escaped, as tlie law . w Inch '
'rci-iigiiiaed slavery was siricly u-iriioii.il in its
opcmtioa,qf course this Stalls, or gou-rnnipnt.
t't which ha escaped denied ihe riht to rcUiiii
the fugitive, ll was, iherofore, iiiilwrn-nnldn
to the formation of our constitution.il lnioa
thai there should bo iiitroduvcd a provision by
which thC ordinary pr.ir!u:c anil doctrine of
Ntate in regard to both of ihcec eases should
be reversed- provimvn by which ihe d'"
niomic question tbiHild he It-ft to the iloiiii'siic
Irihiuial- should n jl he trnu'circd to 11110 In r
jurisdicltun by tho escape of die imliiulual, sut
ulioii'.d in every raw h submiitcd lo ihe prop
crdontostic jurisilicuon, hy rciumine I'.e lugi-'