The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-03-28


Whatever in favor of slavery. Beyond these, we
are bound to act for freedom for the political
equality of all men; for the maintenance Of the
rights Of all 10 life and liberty Aside from
these, the people of the free States possess the
clear and indisputable right to be separated, and
entirely exempted, from all participation in the
support of slavery, to be purified from its moral
guilt and entirely absolved from its disgrace. IL
we do not thus separate ourselves from its moral
and political contagion, it will be owing to the
vitiated sentiment and the servile feelings OF
Northern members. IL we remain contaminated
with the crimes attendant upon the slave trade in
this District and upon our Southern coast, the
responsibility must rest upon those Northern
members Of Congress who are willing TO continue
their participation in this sale Of men and Of
women this treason against God and humanity.
But the gentleman from Georgia Mr.. TooMBs
saws that we have heretofore sustained the right
Of the master to hold his slave upon the high
seas and even in foreign ports" If this were
correct, il would impose upon us no duty to vio-
late the Constitution and defeat the entire objects
for which our Government was Instituted. But
will examine this point. Until the year lSOS, the
people of South Carolina and Georgia were per-
nlit,ed to import slaves. But they went to Africa
at their o1ra yeyil. We furnished them no protec-
tion. If, in attempting to seize and enslaVe the
slain, all reg rled their fate as most just and
righteous. When their victims were placed on
shipbotrd these dealers in human flesh looked
not to this Government for protection. They
depended upon physical force, upon chains and
letters the scourge and thumbscrew, the pistol
and dagger FOR their ssIeIy until Snoy raSnei 2,a~
Jurisdiction of the slave State to which they hur-
ried their cargo. There the laws Of such State
threw its protection around them; and if the
slaves subsequently, resisted their masters the pow
ers of the State were brought to the masters aid in
holding bis victim in subsection. But this permits
sion of the slave trade expired in 1908, and the
traffic was thenceforth entirely nterdicted. At the
same time Congress restricted the coastwise slave
trade, by imposing heavy penalties for transport
ing slaves from one of our own sea-ports to an
other, in vessels of less than forty tons burden,
or without filing afiidavits that the slaves were
not imported after the year 1908 and the slave
dealers now pursue their vocation on our South
ern coast at their own peril, precisely as they
pursued the foreign slave trade prior to 1908.
The United States have passed no law of slavery
authorizing one man to hold another as property
upon the "high seasn While there, under the
exclusive jurisdiction Of our laws the master has
no more right to chastise his slave than the slave
has to correct his master. The slave has the
same right while there to defend his life and lib
30 oct of legally defending himself slay his as
sailant, there is no law of the United States, or
Of any State, or of nature, or of natures God,
that holds him responsible.
These are the doctrines most obviously appli-
cable to this subject They are clearly deduct
BILE from the Constitution, and should in my opin-
ion. at all times have been firmly maintained.
Yet it is true that the President and Senate
have attempted to exert the national influence to
establish the power of the master over his slave
on the ocean, under the exclusive jurisdiction Of
our laws; it is also true that, by fraud and de-
ception, compensation was obtained from the
British Government for two oargoes of slaves who
were made free by being shipwrecked and land
ing on British soil but it is equally true that
the imposition was discovered, the right of such
protection denied, and all such compensation has
been for the last twelve years withheld by Eng
land, and such claims have long since been aban-
doned by the Executive.
When in 1888 the British ministers refused to
listen TO the claims of this Government for in
demnity to the Shareholders whose victims on
board the ship Enterprise had been manumit-
ted by shipwreck, on the British island Of
New Providence a distinguished Senator from
South Carolina, Mr.. CALHOUN, impatient at de-
lay, offered resolutions in the other end of the
Capitol, declaring, in substance not merely that
slavery existed upon the high seas on board Amer
lean vessels, but that such vessels carried with
them the relation of master and slave, when
driven by stress of weather into the port of for
eign nation. In truth, the resolutions, so far as
that body could do, pledged the Nation to sustain
the claims of these dealers in human flesh. No
member Ct jec'ed to this doctrine, so repugnant to
every principle of justice, and so directly opposed
to the Constitution and to international law. The
voice of Massachusetts,, of New England, of New
York, and Ohio, was then silent. Not even vote
from the whole North was recorded against these
propositions. The spirit Of Northern Liberty
then slept, so far as that body was concerned
that voice, which is now so ready to abandon the
Wilmot Proviso--so willing for the admission Of
more slave States--so anxious to give further aid
to the stakeholder, as he pursues his trembling
victim within our free States, was then silent
That Senator opened not his lips, neither did he
vote on that occasion. From an examination OF
the journal, discover the name of but one Wing
from the free States who voted on that occasion
He voted for adopting the resolutions The Others
appear 10 hare 6een absent.
Every Southern Senator of both parties, and
all Northern Democrats who voted, gave their
support in favor of the resolutions This was in
the year 1910; and soon after that period, one
of the Senators Mr.. WEBsrERl who did NOT pof
on those resolutions, was called to preside ovel
the State Department under President Tyler
w bile he was thus guiding the most important
branch of the Executive duties, the case of The
Creole occurred. That ship sailed from Rich
mond, with n cargo Of slaves, in October, 1Sil
while on the high seas the slaves rose, asserted
their right to freedom and slew one of the slave
dealers who attempted to reduce them to sutjec
ton, and, guiding the ship to the Island of New
Providence, went on shore, and became entirely
free The piratical dealers. who protested to OWL
the people thus restored to freedom, called on the
President to aid them in obtaining indemnity fol-
their loss and Mr.. Webster was requested Il
Curry out the doctrine for which he and Other
Northern Senators had refused to vote. A states
man bred up and educated in New England, on
who had long breathed the free air Of the North
who had been taught the language Of freedom
condescended to become the agent and solicitor o
those who deal in human fesh, and to exert hi
official influence to maintain commerce in thu
bodies Of men and Of women.
The attention Of the nation, however, wat
called to these facts by resolutions presented j,
this body The proceeding of the Executive wa
condemned by all. Not even shareholders wer'
willing to sustain the doctrine. The further
prosecution of their infamous claim was given up
The State Department receded from its position
the celebrated resolutions which were INTENDED
to establish new principles in the law of nations
remain a dead letter upon the journal Of the Sen
ate The owners of the slaves Of the Creole
have pocketed their loss and the slaves them
selves are now most of them British subjects, ant
few are freemen, residents Of our free States
Yet, sir, these attempts of Mr.. Calhoun, aided by
Southern stockholders, and Of Mr.. Webster anC
President Tyler to commit the nation to the doc
trines contended for by the gentleman from Geor
gia, Mr.. TooMBs are now quoted in both end
Of the Capitol, to show that we are "bound t.
carry slavery wherever our flag floats" Tbi
signal fli'rs to sustain the doctrine, is constant.
cited by Shareholders to demonstrate its correctness
The reasoning is Of that absurd character which
requires only to be stated to be appreciated. TIL
views which | have thus advanced are not new
They have been often asserted here and else
where; but it seems that no arguments, no facts
no exposure of the sophistry and the absurdit.
&c rane