Syracuse University Library
Special Collections Research Center
Gerrit Smith Broadside and Pamphlet Collection

To the members of the Liberty Party in the County of Madison.

Smith, Gerrit, 1797-1874.

Digital Edition.

This digitization project was supported by Regional Bibliographic Databases and Interlibrary Resources Sharing Program funds, awarded by the New York State Library.

Call number: Smith 472

To the members of the Liberty Party in the County of Madison:

DURING the dozen years, that the Liberty Party has existed, I have, every year, made special efforts, on the eve of the Election, to multiply votes for this Party. Such efforts I should love to repeat, the present year. But I cannot - since it is necessary for me to leave the State, for several weeks.

The Liberty Party vote in our County, last year, was six hundred. If you all do your duty, it will be greatly increased, this year. Very desirable is such an increase. For, although our principles are made none the better by the increase - none the more worthy of being adopted - nevertheless the increase goes far to save us from discouragement, and, to attract the public attention to our principles [,and to save us from discouragement.]

You believe with me, that the Liberty Party is (,not to speak of its merit in other respects,) a very important agency for overthrowing American slavery. Will you not, then, put forth your best efforts to swell the vote of this Party, at the coming Election? The humblest member of it can, by diligently using his means for spreading the knowledge of its principles, do, at least, as much, as make one convert. Every member of it, who is able to subscribe for a newspaper (and better drop a meal a day than not feel thus able,) should subscribe for "Frederick Douglass' Paper." Going forth with this newspaper in his hand and the love of its precious sentiments in his heart, he cannot fail of making favor for the Liberty Party. If we can get a man to read "Frederick Douglass' Paper," we may hope, that the Liberty Party will, ere long, get his vote.

The recent demonstration of Liberty in the ever-to-be-loved and honored city of Syracuse will, undoubtedly, have a mighty effect in quickening, and strengthening, and spreading the antislavery sentiment. I cannot, however, but fear, that what increase of the Liberty Party vote may come of it will be hardly enough to counterbalance the diminution of it, which may be occasioned by this same demonstration. If, by relying on this glorious demonstration to increase our vote, we shall relax our efforts to increase it, it will not be increased.

Our countrymen are divided into two great political parties. We are at work to detach them from these parties, and to bring them to vote, not according to party, but according to truth. Success in our work must be difficult and slow: - for, in this country preeminently, party has power not only to multiply its subjects, but to delude and bind them. Although a popular government is not only the best form of government, but the only one, which any people should consent to endure: it, nevertheless, is not without its evils. Party, which is well defined to be "the madness of the many for the gain of the few," has, under a popular government, its widest scope. There, far more than elsewhere, are to be seen its bewitching and corrupting influences. There are to be seen, without number, wire-workers and sorcerers of all grades from the Town and County to the State and National politician. It is true, that these trained politicians bear but a small proportion to the mass of the voters. Nevertheless, they control the mass. Whether you go into a farming community or into a city, you will find at least ninety of every hundred voters in the leading - strings of these trained politicians - at least ninety of every hundred voters in the meshes of party.

But few Whigs and Democrats are prepared to leave their parties. The thousands of them, who were gathered at Syracuse, and who either participated in, or rejoiced in, the rescue of the fugitive slave, did, it is true, show themselves therein to be men of heart. But, when they shall come to the polls of the approaching Election, they will, with, alas, too few exceptions, show themselves to be sadly deficient in consistency and principle. They will show, that, although on rare occasions, they are capable of being men at the expense of party, their general course, nevertheless, is to sacrifice their manhood to party.

Time was, when I confidently expected a peaceful termination of American slavery. But, in view of the tenacious clinging to our national, and, because national, proslavery, political and ecclesiastical parties, there is far more reason to fear, that it will have a violent, than there is reason to hope, that it will have a peaceful termination. These parties are the great props of slavery. Were they dissolved, it would fall by its own weight, and die a natural death. But, if they are maintained, though it will still die, its death will, nevertheless, be violent, and violent too, in proportion to the succor and support, which these parties give it.

It is, indeed, lamentable, when all, that is necessary to bring slavery to a speedy and bloodless end is to vote against it, that so few can be found, who are willing to vote against it. If but one hundred thousand should, at the coming Election, quit those great parties, which are bound up with slaveholders, and which shape themselves to the policy, and do the bidding, of slaveholders, and should join the little party, which gives no shelter to slavery, and which holds the slaveholder to be the guiltiest of all criminals - who can doubt, that the South would read in that change the doom of slavery? The game of party is her great reliance for upholding, slavery. She could then rely on it no longer: - and, having no other effectual reliance for upholding it [slavery], she would promptly and quietly submit to the demands of a progressive civilization, and give up the barbarous and bloody institution of slavery.

It was not until after the enactment of the "Fugitive slave law," that I suspected, that the abolition of American slavery is an event near at hand. I could not believe, that the slaveholders, although so infatuated, as to insist on the enactment of the law, would be so infatuated, as to insist on its enforcement. But it is enforced: - and every instance of its enforcement serves to increase and intensify the feeling, which, if its enforcement is continued, will, ere long, break forth irresistibly and overwhelmingly against slavery. Only continue its enforcement a little longer, and the "Fugitive slave law" will prove itself to be a law for the abolition of American slavery. I said a little longer. In view of the latest demand of the slave power, I will say a very little longer. This latest demand is, that attempts to defeat the operation of this diabolical law shall be construed into treason! - that attempts to save a poor innocent brother or sister from the horrors and hell of slavery shall be construed into "levying war against the United States!" I predict, that this further experiment on the patience of the friends of freedom will be found to be far more hazardous for slavery than any, which bad hitherto been made. Hazardous, however, as it is, it appears, that it is to be really made. - The Federal Government, sunk down into the infamous servant and dirty tool of the slave-power, does not hesitate to obey even this new behest of that power. It is, now, at work to convict of treason men of Pennsylvania and men of New York, whom it charges with baffling the worse than murderous endeavors of kidnappers. By the way, what a comment on the character of this Nation will be its hanging of men for such in offence! How much short of a pack of hypocritical devils would this Nation prove itself to be, if, after hav-

[2]

ing begun its existence with the declaration that "all men are created equal," it should be found hanging some of its subjects for no other reason than their opposing the enslavement of others of its subjects?

American Liberty has entered in her books many heavy charges against American Slavery. Possibly, she may have a still heavier one yet to enter. She, certainly, will have, if a man, simply for having offended against the "Fugitive slave law," shall be hung as a traitor to the United States. But, it is our consolation to believe, that this would be her last charge against her greatest debtor. She would, then, close her accounts with that debtor-inexorably demanding, in satisfaction of them, the immediate and entire abolition of American slavery.

The reclaiming of a fugitive slave is confessedly not a criminal prosecution. It is the master's attempt to get possession of his property. Hence, according to this new interpretation of the law of treason, if an United States officer is after my horse to satisfy a debt, and I and my neighbors conceal it, we are, therein, guilty of "levying war against the United States," and ought to be hung! and, that too, though the only force used against the officer is that of the naked hands!! The slave-power will yet learn how much it will gain by this new interpretation of the law of treason.

But, it is said, that the "Fugitive slave law" is Constitutional; and must, therefore, be respected and obeyed. I will not stop to show, that this particular law for carrying out the Constitutional provisions in question is Unconstitutional, although it is so, in half a dozen respects. I take the ground, that any law, however framed, which should make this provision impose duties on the Federal Government is Unconstitutional: - and, further, that any law, however framed, which should make this provision refer to slaves, is Unconstitutional.

This provision confers no powers, and enjoins no duties, on the Federal Government. Its injunctions are exclusively upon the States. Moreover, it is not for the Federal Government to supply, or punish, any delinquency under these injunctions. Even Daniel Webster, notwithstanding all his servility to the South, admits, that the Federal Government has, in his judgment, nothing to do with this provision. Surely, surely, our fathers never intended, that this Nation should be a hunting ground for human prey. Surely, surely, they never created this National Government to act the part of bloodhound for slaveholders. The political power of South Carolina and Massachusetts may, yet, be in the hands of their blacks, who may retaliate by using it to enslave their whites. What say you, Mr. United States Judges? - would you decide, that the Federal Government is bound to chase down such of those whites, as might escape from slavery? You are afraid to answer. If you shall say "No," you will be confessing your knavery in holding, that the Federal Government is bound to play bloodhound against the blacks: - and your fear to say "Yes" is because: "all the people (,at least all the white people,) will stone us".

But what an amazing violation of the canon of interpretation it is to say, that this clause of the Constitution contains a legal description of slaves! The beings referred to in it are capable of owing. But, in the eye of the law, slaves are but property. It is but property, that the "Fugitive slave law" seeks after: - and property with legs is as incapable of owing, as property without legs. A slave can no more owe than a log or a stone. There can be no debt, where there is no contract: and a slave is no more capable than a log, or a stone, of entering into a contract.

It is true, that a slave is "held" by law. So is an ox. But it is not true, that either the one or the other is held by law "to service or labor." "A being held by law to labor" would be a very ludicrous definition of an ox. It is, however, no less intrinsically ludicrous, if applied to a slave. The law puts the slave and the ox equally in the power of the owner. But there the office of the law stops. With the getting of work out of either the ox or the slave the law has nothing to do. That is a matter exclusively between the ox and his owner, and between the slave and his owner.

I admit, that it would be an argument of some, though, by no means, of conclusive, weight in favor of the proslavery interpretation of this clause of the Constitution, were it true, that to deny its application to slaves is to render it devoid of meaning. But it applies perfectly to others - for instance, to minor children and apprentices: - and, since we are thus able to give it an innocent meaning, we can have no possible excuse for giving it a wrongful one in stead, or in addition.

Beyond a doubt, the true doctrine is, that such a stupendous fraud, such an atrocious piracy, on human rights, as slavery, is utterly incapable of legalization. But even the Supreme Court of the United States goes so far, in laying down one of its rules of interpretation, as virtually to admit, that no law can be quoted for slavery, which is not expressly for it. "Where rights are infringed, where fundamental principles are overthrown, where the general system of the laws is departed from, the legislative intention must be expressed with irresistible clearness, to induce a Court of justice to suppose a design to effect such objects." (Cranch 2. 390.) Now, not only is it true, that the clause in question fails of expressing, or even implying, slavery; and not only is it true, that it clearly applies to other and innocent relations; but it is also true, that, had it expressed slavery, and that had it, in terms, authorized the Federal Government to chase down innocent human beings for the most fiendish purposes, it would, beyond a doubt, have caused the rejection of the Constitional. More than this - no Convention of decent men drawn together from the various States, would have submitted to the people the form of a Constitution defiled with the recognition of slavery. All parties agree in the truth of the historical fact, that the framers of the Constitution were unwilling, that it should recognize the right of property in man.

But, we are told, that, although the proslavery construction of this provision of the Constitution cannot abide the rules of legal interpretation, it, nevertheless, is justified by the histories of the Constitution. Our answer to this is, that the meaning of the Constitution is to be derived, not from its conflicting and uncertain histories, but from its certain and intelligible letter. We admit, that the Constitution is to be interpreted in the light of the intentions of its authors. But, it must be remembered, that its authors were the people, who adopted it, and not the handful, who framed it; and that it is not possible to learn the intentions of the people otherwise than from the letter of the instrument. We condemn the authors of the "Fugitive slave law", not because it does on its face, or in its terms, or by any just construction, sanction, or even refer to, slavery - for it does not - but because we know, that it was enacted with the purpose of having it interpreted in behalf of slavery.

Ere leaving this point of the Unconstitutionality of the " Fugitive slave law", I would say, that they, who attempt, under this law, to reduce a man to slavery, should be held and punished as kidnappers. I say this, because an Unconstitutional law is no law. Justice McLean uses the following words: "An Unconstitutional Act of Congress imposes no obligations on a State, or the people of a State: and maybe resisted by an individual or a community. No one, I believe, will controvert this." Even a Federal Judge, and of however high a grade, who has a part in sending a man into slavery under this law, can, and should be punished under State laws as a kidnapper. Nay, the President himself, if he will turn kidnapper, should be taught, that he

[3]

cannot do so with impunity - for it must be remembered, that the Constitution does not provide for the President the legal irresponsibility, which it provides for the Senator and Representative. The friends of freedom in Syracuse will disgrace themselves and their cause, if they do not give opportunity for Onondaga County juries to pass upon the late attempt of Marshals and others to reduce a citizen of Syracuse to slavery. Let us thank God, that there are State, as well as National, tribunals; and that it does not follow, because the latter are in the hands of slaveholders, the former are also. Let us thank God, that, if we can be murdered by Federal Courts, kidnappers can be punished by State Courts.

I spoke of murder - and I spoke truly. For, if ever there was an attempt to murder men, such an attempt is now making by Millard Fillmore and his associates. And for what are we to be murdered? We are to be murdered for being men and for being Christians; - for doing that, which, as men and as Christians, we are compelled to do; - nay, for doing that, which we cannot refuse to do, and yet be men and Christians. If I refuse to unite with my neighbors in concealing a poor innocent brother from the monsters, who would plunge him into the pit of slavery: - if I withhold my horse, or carriage, or driver, and refuse to unite with my neighbors in aiding his flight from these monsters - then, most certainly do I trample on my manhood, and deny my God. Nevertheless, unless I do refuse these services, Millard Fillmore and his associates would have me hung: - and they would have me hung, notwithstanding they know, that the Common Father of men commands these services at my hands. I say, that they know this. It is true, that they encourage Doctors of Divinity to preach to the contrary of this, and to represent the God of Heaven as the God of the oppressor, instead of the God of the oppressed. But, whatever ends these politicians may have to gain by the lies of such villainous Doctors, these politicians do, nevertheless, know them to be lies, and they despise the utterers of them.

What will be the end of this collision between Mr. Fillmore and his associates on the [insert: "one"] hand, and the men of truth and love, who are on the other? Pride and ambition forbid the former to recede; and the latter cannot recede, for they are of the number of those, who "fear not them, which kill the body, but are not able to kill the soul: but rather fear Him, who is able to destroy both soul and body in hell".

I said, that it was not, until recently, that I suspected, that the abolition of American slavery is an event near at hand; and I proceeded to give some reasons, why I now suspect, that it is. To these reasons I will add another. The half million of free blacks in this Nation and in Canada, hitherto patient, beyond all parallel, under the insults and outrages heaped upon them, are, at last, giving signs, that they will "stand for their life". Among these signs are the manly resistance offered to the kidnappers at Christiana; and the brave and beautiful bearing of the black men of Syracuse, who, on the ever memorable first day of October, perilled their lives for the rescue of their abused brother. Heaven grant, that all of the half million may have the manliness and courage to "stand for their life". They may be assured, that, if they do; the whites will stand by them. Brave self-defence in a righteous cause (and whose cause is so righteous, as that of the American blacks?) has ever won the sympathy and admiration of the world. It is because the Hungarians stood so bravely for their rights, that Webster and Cass toast and eulogize them. And if the American blacks, on whose rights Webster and Cass are now so cruelly and insultingly trampling, shall stand forth bravely for those rights, even that same Webster and Cass will be found to have enough of human nature left in them to toast and eulogize black heroes, as well as white heroes.

In commending the duty of resistance to tyrants, I have not said, which is the better and more effectual form of resistance. It is only the principle of resistance - without saying, whether it should be active or passive - whether with the will merely, or with weapons also - whether it should be a simple and stern refusal to obey tyrants, or, along with it, an attempt to conquer them by force - it is this only, which I have commended. When poor Jerry, the fugitive slave at Syracuse, whispered in my ear: "I will never go back into slavery - I will have every bone in my body broken first" - I did not infer, that he intended violence to any. He may have meant nothing more than that he would let his oppressors kill him, sooner than he would consent to be reduced to a condition, which he dreaded more than death.

My reference to Hungarian heroes reminds me of the glorious reception, which this deeply hypocritical Nation, standing with its feet upon the throats of oppressed millions, is preparing to give to Kossuth. It flatters itself, that he will not prove himself to be the enemy of American, as well as of Austrian, oppression; and that his sympathies, instead of being commensurate with the whole human family, will be found to be governed by country and caste. Thrice happy will it be-though to the unutterable dismay and chagrin of this guilty Nation - if Kossuth shall, on American soil, confess himself to be the brother of all men - if Kossuth shall, on American soil, give proof, that he is a man, instead of a mere Hungarian!

GERRIT SMITH.

October 10th, 1851.