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SENATE. 


No,  56. 


REPORT  AND  RESOLVES 


SUBJECT  OF  SLAVERY. 


\ 


y  X ^j  J  J* »   .      v\ 


\ 


Hd~yi.  55"  a 


Commontoea^ltl)  of  M^^^^t^nutttu. 


House  of  Representatives,  Jan.  16,  1836. 

Ordered,  That  so  much  of  the  Governor's  Speech  as 
relates  to  the  Abolition  of  Slavery,  together  with  such 
documents  on  the  subject  as  have  been  transmitted  by  his 
Excellency  to  the  Legislature,  be  referred  to  a  Joint  Spe- 
cial Committee ;  and 

Messrs.  Moseley,  of  Newburyport, 
Corbet,  of  Worcester,  and 
Lucas,  of  Plymouth,  are  appointed. 

Sent  up  for  concurrence. 

L.  S.  GUSHING,  Clerk. 


In  Senate,  Jan.  20,  1836. 
Concurred : 

And  Messrs.  Lunt  and  Chapin,  are  joined. 
CHAS.  CALHOUN,  Clerk. 


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Commonuiealt!)  of  Manu^tf^u^tttu. 


The  Joint  Special  Committee,  to  whom  was  referred  so 
much  of  thfe  Governor's  Message  as  relates  to  the  Abo- 
lition of  Slavery,  together  with  certain  documents  upon 
the  same  subject,  communicated  to  the  Executive  by 
the  several  Legislatures  of  Virginia,  North  Carolina, 
South  Carolina,  Georgia,  and  Alabama,  transmitted  by 
his  Excellency  to  the  Legislature,  and  hereunto  annexed, 
have  considered  the  same,  and  ask  leave,  respectfully, 
to  submit  the  following 


E 


T: 


Your  Committee  have  devoted  to  this  momentous  sub- 
ject, the  deep  and  serious  attention  which  its  merits  ob- 
viously demand.  The  intense  interest  which  the  ques- 
tion is  exciting  throughout  the  whole  country ;  the  re- 
quirement of  our  great  national  compact,  enjoining  respect 
for  the  legislative  proceedings  of  other  states ;  the  com- 
mon bonds  of  sympathy,  interest,  and  brotherhood,  which 
connect  the  various  sections  of  the  Union,  could  none  of 
them  fail  of  due  weight  in  our  minds.  But  your  Commit- 
tee find  enough  in  the  earnest  and  united  appeals  of  the 


6   REPORT  &  RESOLVES  ON  SLAVERY.  Mar. 

several  legislatures  above  named,  to  induce  them  to  meet 
the  whole  question  promptly  and  fairly,  and  to  respond  in 
the  most  explicit  manner,  to  the  strong  demands  which 
they  make  upon  the  justice  and  honor  of  the  Common- 
wealth. 

Your  Committee  feel  themselves  called  upon  entirely  to 
disclaim  the  opinion,  if  it  any  where  prevails,  that  the 
consideration  of  this  matter  is  to  be  avoided  by  them,  in 
consequence  of  its  exciting  nature.  They  feel  that  the 
time  has  arrived  for  its  consideration  ;  that  it  cannot  and 
ought  not  to  be  avoided ;  that  it  ought  to  be  met  at  its 
outset  by  all  the  powers  of  manly  and  intelligent  minds  ; 
and  that  every  day's  delay  only  hastens  the  progress  of 
those  tremendous  consequences,  which  it  is  the  duty  of 
every  good  citizen  to  deprecate,  and,  by  every  honest 
means  in  his  power,  to  endeavor  to  avert. 

The  language  of  the  various  documents  in  the  posses- 
sion of  the  Committee  is  such  as  needs  no  comment  to 
vouch  for  its  sincerity.  The  citizens  of  the  slave-holding 
states,  evidently  consider  it  the  most  important  political 
question  which  could  be  presented  to  their  minds.  They 
believe,  and  state,  that  the  tendency  of  the  proceedings  of 
certain  abolitionists,  and  abolition  societies,  in  the  North- 
ern states,  is  to  unsettle  the  character  of  their  slave  popu- 
lation, and  to  prepare  the  way  for  all  the  horrors  of  a  ser- 
vile insurrection.  In  case  of  such  an  event,  however  the 
master  might  be  able  eventually  to  overpower  the  slave,  it  is 
certain  that  it  could  not  be  effected  without  the  great  pecu- 
niary loss  and  ruin  of  many;  without  an  immense  sacrifice  of 
their  own  lives,  and  of  the  lives  of  those  most  dear  to  them  ; 
without  the  frequent  commission  of  the  worst  crimes  which 
fill  up  the  black  catalogue  of  human  enormities.  The 
mind  revolts  at  once  from  such  a  spectacle.     It  is  difficult 


1836.  SENATE— No.  56.  7 

to  conceive  how  a  humane  man  can  regard  an  event  like 
this  as  possible  without  the  profoundest  sentiments  of 
unmingled  horror.  It  is  not,  perhaps,  material  to  the 
question,  whether  the  apprehension  be  well  or  ill-founded  ; 
or  whether  the  contingency  be  near  or  more  remote.  It  is 
sufficient  that  the  slave-holding  states,  (infinitely  the  best 
judges  in  the  case)  look  upon  it  in  this  light,  and  call 
upon  us  by  every  motive  which  ought  to  influence  our 
conduct,  to  afford  them  such  relief  as  it  is  in  our  power  to 
offer. 

The  question  which  first  presents  itself,  as  to  the  right 
of  the  non-slave-holding  states  to  interfere  at  all  in  the 
existing  relations  between  master  and  slave,  is  a  point 
so  well  understood,  that  it  is  hoped  no   argument  need 
be    submitted  to  the  Legislature  upon  this  part  of  the 
subject.     Whatever  emotions  such  a  view  may  excite  in 
the  mind  of  the  philanthropist,  the  right  of  the  master  to 
the  slave  is  as  undoubted  as  the  right  to  any  other  prop- 
erty.    It  is  recognized  by  the  well  understood  admissions 
of  the  Constitution.     It  is  recognized  by  the  laws  of  the 
land,    and  the    tribunals  of  justice  ;    and  any  attempt, 
whether  direct  or  indirect,  to  deprive  the  slave-holder  of 
this  property,  as  of  any  other,  is  a  violation  of  the  fixed 
laws  of  social  policy,  as  well  as  of  the  ordinary  rales  of 
moral  obligation.     If  slavery  be  an  evil,  the  slave-holder 
declares  to  us  that  it  is  no  evil  of  his  own  creating,  but 
that  he   is  able  and  willing  to  endure  the  burden,  and 
neither  seeks  nor  desires  any  intervention  of  ours.     If  it 
be  a  sin,  he  is  equally  ready  to  incur  the  entire  respon- 
sibility; and  will  not  submit  to  our  interference,  because 
it  can  bring  nothing   to  him    and  his  but  disaster  and 
ruin.     Above  all,  his  argument  (and  it  would  seem  to  be 
unanswerable,)  is,  that  the  property  is  his  own  ;  and  that 


8  REPORT  &  RESOLVES  ON  SLAVERY.   Mar. 

no  man  or  body  of  men  can  impair  its  security,  without 
doing  him  the  deepest  injustice  and  wrong.  One  would 
think  this  might  be  sufficient  to  satisfy  the  most  ardent 
friend  of  abolition  in  the  world. 

The  abolitionist,  however,  alleges  on  the  other  hand, 
that  his  motives  are  entirely  misapprehended,  and  that  it 
is  no  part  of  his  desire  or  intention  to  produce  those 
terrible  results  which  are  the  imputed  consequences  of 
his  conduct.  He  states  it  to  be  his  wish,  not  to  oper- 
ate upon  the  feelings  of  the  slave,  but  to  affect  the  mind 
of  the  master,  by  arguments  and  appeals,  addressed  to 
his  moral  and  religious  sensibilities.  If  such  be  the  case, 
it  would  seem  that  the  means  employed  are  singularly 
inappropriate  to  the  proposed  end.  The  argument,  how- 
ever, at  best,  is  entirely  fallacious  in  its  nature  ;  although, 
if,  as  it  were  charitable  to  hope,  it  deceives  the  aboli- 
tionist himself,  it  can  surely  deceive  no  one  else.  It  is 
too  plain  to  be  denied,  that  the  kind  of  publications 
which  have  issued  from  the  abolition  press,  must  either 
directly  or  indirectly  operate  upon  the  slave  himself; 
that  their  only  effect  can  be,  to  suggest  to  him,  that  his 
position  in  society  is  not  only  different  from  his  deserts, 
but  that  his  detention  in  that  state  is  contradictory  of  his 
natural  rights,  and  sinful  in  the  sight  of  heaven.  It  is 
easy  to  foresee  the  consequences  of  such  impressions 
fixed  in  the  mind  of  the  slave ;  and  equally  easy  to  see 
that  no  other  possible  consequences  can  result  from  the 
efforts  of  the  abolitionist.  The  idea  of  ihus  affecting  the 
mind  of  the  master,  so  as  in  any  way  to  promote  the 
emancipation  of  the  slave,  would  seem  to  your  committee 
almost  too  unreasonable  to  be  very  seriously  entertained. 
Apart  from  the  consideration,  that  such  a  supposition 
necessarily  involves  the  sacrifice  of  his  sources  of  wealth, 


1836.  SENATE— No.  56.  9 

often  of  his  means  of  living,  and  as  would  be,  no  doubt, 
frequently  the  case,  the  reduction  of  himself  and  his 
family  to  want,  and  perhaps  beggary  ;  the  slave-holder 
avows,  in  the  most  explicit  language,  that  he  will  not  for 
a  moment  listen  to  any  such  proposition  ;  and  that  h^ 
cannot  view  it  in  any  other  light,  than  that  of  the  deep- 
est injury  which  could  be  inflicted.  There  is  no  doubt 
of  his  right  to  make  such  an  avowal.  There  is  no  doubt 
that  the  proposal  to  him  to  part  with  his  property  upon 
the  terms  suggested,  is  one  to  which  he  will  never  con- 
sent. It  were  unreasonable  to  expect  it.  No  history 
exhibits  any  such  instance.  No  deduction  from  any  of 
the  known  principles  of  human  conduct  can  show  with 
ordinary  plausibility  that  it  might  be  anticipated.  So  far 
from  having  the  least  influence  to  convince  the  slave- 
holder that  domestic  slavery  is  a  sin  to  be  immediately 
expiated,  the  argumjcnts  of  the  abolitionist  only  irritate 
whatever  is  most  excitable  and  vehement  in  his  nature, 
and  lead  him,  rather  than  submit  to  their  reiteration,  to 
look  with  calmness  upon  a  crisis  which  would  disturb  and 
convulse  all  the  elements  of  our  social  organization,  and 
would  totally  dissolve  all  those  countless  ties  which  God 
and  nature  constituted  ;  which  were  cemented  by  the 
blood  of  a  united  ancestry,  shed  upon  the  field,  and  which 
should  have  become  more  closely  woven  by  the  efforts 
of  wisdom  and  experience  through  the  lapse  of  many 
succeeding  years. 

The  question  presented  to  us  is  obviously,  therefore, 
one  of  immense  moment ;  and  it  is  our  duty  to  consider 
what  measures  it  may  be  proper  tor  us  to  adopt,  upon  a  rea- 
sonable and  dispassionate  view  of  the  whole  subject. 

The  legislatures  of  the  five  states,  which  have   trans- 
mitted to  us  the  documents  above  referred  to,  recommend 
2 


10  REPORT  &  RESOLVES  ON  SLAVERY.  Mar, 

the  immediate  use  of  such  means,  as  will  effectually  sup- 
press and  prevent  the  formation  of  abolition  societies,  and 
the  enactment  of  such  penal  statutes,  as  will  deter,  or 
suitably  punish,  those  who  print,  publish  or  distribute  the 
various  productions  of  the  abolition  press.  It  is  for  us  to 
determine  how  far  it  is  safe  or  proper  for  us  to  proceed  in 
compliance  with  this  request. 

The  liberty  of  the  press  is  declared  by  the  constitution 
of  this  Commonwealth,  to  be  essential  to  public  freedom  ; 
and,  even  if  it  were  possible,  it  w^ould  be  a  matter  of 
very  grave  deliberation,  whether  it  were  desirable  to  re- 
strain or  control  it  by  any  express  statutory  limitation. 
The  consequences  of  such  legislation,  in  its  application  to 
other  contingencies,  are  such  as  cannot  be  altogether  and 
fully  anticipated,  it  is  enough,  in  the  opinion  of  your 
committee,  that  the  precedent  seems  of  dangerous  ten- 
dency ;  and  not  the  less  to  be  avoided,  because  its  proba- 
ble results  are,  to  a  certain  extent,  indeterminate.  It  i& 
well  imderstood,  that  the  licentious  use  either  of  the  press 
or  the  tongue,  renders  the  party  amenable  to  the  common 
law  jurisdiction  of  the  courts  of  justice  ;  and  your  com- 
mittee are  of  opinion,  that  this  jurisdiction  is  amply  suffi- 
cient to  provide  for  all  circumstances  which  can  arise  in 
this  Commonwealth.  Besides,  there  is  a  powerful  influ- 
ence already  at  work  amongst  us,  stronger  than  any  law — 
the  force  of  public  sentiment,  directed  by  the  best  intelli- 
gence, and  sustained  by  the  highest  character,  which 
sympathises  with  our  southern  brother,  as  well  as  with  his 
slave,  and  which  looks  indignantly  upon  every  movement 
calculated  to  disturb  him  in  the  possession  of  his  just 
rights,  or  to  endanger  the  peace  and  security  of  his 
domestic  or  social  relations.  And  your  committee  be- 
lieve, that  an  unsound  and  intemperate  enthusiasm  is  best 


1836.  SENATE— No.  56.  11 

met  bj  such  influences.  They  believe  that  the  experi- 
ence of  society  warrants  them  in  this  conclusion  ;  that 
passions  have  been  excited,  and  powers  concentrated,  in 
resistance  to  the  enactments  of  a  positive  statute,  which 
might  have  slept  in  the  absence  of  its  provisions;  that 
the  wildest  extravagances  have  sometimes  triumphed 
against  the  execution  of  an  untimely  law,  which,  without 
that  law,  would  have  weakened  and  dissipated  themselves 
by  their  own  fruitless  struggles  ;  and  that  nothing,  which 
is  not  founded  upon  the  eternal  principles  of  truth  and 
justice,  can  ever  long  prevail  against  the  silent  but  irre- 
sistible force  of  public  disapprobation. 

The  abolitionist,  indeed,  as  might  l)e  expected,  not 
only  denies  altogether  the  propriety  of  enacting  penal 
laws  upon  this  subject,  but  contends  that  the  expression 
of  any  legislative  opinion,  against  what  he  considers  his 
right  of  free  discussion,  would  contravene  those  well 
known  principles  of  public  liberty,  upon  which  he  justifies 
his  own  motives  and  conduct.  Your  committee  differ 
entirely  from  this  doctrine.  It  might,  perhaps,  seem  even 
and  little  inconsistent  with  liberal  dealing,  for  the  anti- 
slavery  societies  to  claim  ibr  themselves  the  privilege  of 
unlimited  discussion,  and  the  free  expression  of  whatever 
opinion,  and  to  deny  to  the  legislature  the  right  of  pub- 
lishing to  the  good  people  of  the  Com.monwealth  its  own 
deliberate  conclusions,  upon  this  or  any  other  subject. 
Indeed,  a  recurrence  to  the  fundamental  principles  of  the 
constitution  will  show  at  once,  that  the  power  of  making 
laws  is  no  more  clearly  defined,  than  the  duty  of  the  leg- 
islature, from  time  to  time,  to  afford  the  people  the  aid  of 
its  advisement  and  direction  upon  matters  of  public  mo- 
ment. Especially,  it  the  weight  of  its  influence  be  requi- 
site, in  order  to  restrain  licentiousness,  and   to  maintain 


12  REPORT  &  RESOLVES  ON  SLAVERY.   Mar. 

the  public  peace  and  order,  no  duty,  in  the  opinion  of 
jour  committee,  could  be  more  plain.  The  right  of  free 
discussion^  which  some  say  may  be  infringed  by  any  leg- 
islative action,  is  undoubtedly  a  most  sacred  right,  and 
most  inestimable  privilege.  But,  as  it  is  understood  by 
extravagant  men  in  the  discussion  of  many  exciting  sub- 
jects, it  would  prove  one  of  the  deepest  curses  that  could 
possibly  befal  any  country.  'I'he  truth  is,  that  the  unlim- 
ited exercise  even  of  legal  rights  may  be  not  only  inexpe- 
dient, but  improper  in  the  extreme.  For  all  men  uni- 
formly to  insist  upon  claiming  all  which  might  belong  to 
them,  would  not  only  constantly  embitter  all  social  rela- 
tions, but  would  disturb  and  overturn  all  civil  society. 
The  legal  power  may  often  be  unquestioned,  where  the 
moral  obligation  expressly  contradicts  it.  The  apostle 
himself  instructs  our  weakness  upon  this  point ;  where  he 
declares  many  things  inexpedient^  which  are  nevertheless 
laiufid.  And,  indeed,  whoever  has  reflected  much  upon 
the  principles  which  connect  and  harmonise  society,  can- 
not but  have  perceived,  that,  without  the  constant  recog- 
nition of  this  rule,  no  political  organization  could  exist 
for  a  single  day.  Indeed,  it  is  seen  that  the  discussion  of 
this  very  question,  as  it  is  discussed  by  the  abolition 
agents,  has  been,  in  the  first  place,  to  defeat  the  very 
object  proposed,  by  rivetting  the  chain  more  strongly  to 
the  neck  of  the  slave ;  and  next,  to  rouse  in  the  mind  of 
the  master,  the  warmest  and  most  determined  spirit  of 
resistance  to  what  he  accounts  an  invasion  of  his  propert}^, 
and  an  infraction  of  his  rights. 

Indeed,  the  liberty  of  free  discussion,  to  the  extent 
claimed  by  some  descriptions  of  people,  would,  in  the 
opinion  of  your  committee,  be  absolutely  destructive  to 


1836.  SENATE— No.  56.  13 

every  domestic  tie,   and  entirely  subversive  of  the   most 
fundamental  principles  of  all  civil  society. 

The  main  argument,  however,  relied  on  by  the  aboli- 
tionist, whenever  the  consequences  of  his  conduct  are  laid 
before  him,  is,  that  "  we  must  discharge  our  duty,  and 
leave  the  event."  The  rule  is  acknowledged  to  be  whole- 
some ;  but  its  application  to  the  case  is  unequivocally 
denied.  There  can  be  no  doubt  that  whenever  a  plain 
line  of  duty  is  set  before  an  accountable  being,  he  is  bound 
to  pursue  it,  regardless  of  personal  inconveniences  or  dan- 
gers. But  the  rule  will  be  found,  in  its  application  to  the 
business  of  life,  subject  to  many  exceptions  and  many  limita- 
tions. Besides,  it  can  in  no  case  be  assumed  as  of  general 
obligation,  except  where  the  point  of  duty  is  well  defined 
and  unquestionable.  Wherever  the  question  may  admit  of 
doubt,  the  obligation  becom.es  weakened,  and  sometimes 
wholly  inoperative.  Especially  in  those  questions  often  oc- 
curring, where  men  entertain  great  and  irreconcilable  dif- 
ferences of  opinion,  to  pursue  a  course  of  ^conduct  sup- 
posed to  be  abstractly  right,  but  inevitably  productive  of 
immediate  evil  consequences,  is  not  only  out  of  the  line  of 
duty,  but  inconsistent  with  either  human  or  divine  legis- 
lation. It  is  upon  the  constant  and  daily  recognition  of 
this  principle,  that  all  human  institutions  depend  for  their 
preservation.  Upon  any  other  theory,  pursued  to  its  legi- 
timate results,  the  whole  world  would  be  involved  in  a 
state  of  indiscriminate  and  inextricable  confusion.  Reli- 
gion, as  well  as  the  soundest  deductions  of  mere  human 
reason,  forbids  us  to  "  do  evil,  in  order  that  good  may 
come."  A  mistaken  view  of  the  pursuit  of  duty,  has  often 
been  productive  of  civil  discord  ;  has  often  kindled  the 
iires  of  martyrdom  ;  has  often  set  the  world  in  arms; 
and  it  may  be  fairly  concluded,  that  he  is  an  unsafe  theo- 


14  REPORT  &  RESOLVES  ON  SLAVERY.  Mar. 

list,  who  forgets  that  wisdom  and  prudence  are  the  very 
first  elements  of  moral  obligation. 

The  two  other  arguments  chiefly  relied  upon,  seem 
to  be,  in  the  first  place,  that  the  most  unlimited  discussion 
is  permitted  upon  other  questions  of  public  interest ;  and 
the  temperance  cause  is  the  instance  particularly  adduc- 
ed, and  next,  that  in  the  earlier  days  of  the  republic,  the 
leading  men  of  the  south  and  elsevjhere  :  Jefferson,  Madi- 
son, Jay,  Franklin,  and  many  others,  not  only  spoke,  but 
wrote  upon  this  subject  in  the  freest  and  most  open  man- 
ner. Your  Committee,  however,  are  unable  to  perceive 
the  justice  of  the  parallel  between  this  question  and  the 
temperance  reformation.  In  the  one  instance,  the  matter 
is  of  the  most  general  interest  possible,  and  of  the  most 
direct  and  positive  application  to  every  portion  of  the 
Union ;  in  the  other,  the  interest  of  the  northern  man  is, 
at  best,  of  an  entirely  indirect  and  incidental  character  ; 
and,  upon  a  strict  construction,  a  matter  in  which  he  has 
no  concern  whatever.  With  regard  to  the  other  argu- 
ment, your  Committee  can  only  say,  that  these  very  gen- 
tlemen, with  their  colleagues,  settled  the  question  of  sla- 
very as  it  now  exists,  and  imposed  it  upon  their  descend- 
ants, whether  it  be  a  burden  or  a  sin  ;  that  their  discussion 
of  it  was  at  a  time  when  no  immediate  danger  was  anti- 
cipated, and  when  no  irritated  feelings  had  been  excitc^d 
upon  the  subject ;  that  all  their  acknowledged  wisdom 
could  devise  no  remedy  for  the  evil  ;  that  the  abolitionist 
cannot  now  propose,  does  not  offer  to  propose,  any  feasible 
plan  of  emancipation ;  that  no  southern  man  now  expres- 
ses any  opinions  like  those  alluded  to  ;  and  that  your 
Committee  believe  it  to  be  the  unquestionable  duty  of 
those  who  feel  most  deeply  upon  this  topic,  to  leave  the 
whole  affair  in  the  keeping  of  a  merciful  Providence,  who 


1836.  SENATE— No.  56.  15 

will  not  require  of  any  man  or  nation,  an  unreasonable 
account. 

It  is  upon  these  views  that  your  Committee  wish  to 
express  their  most  mature  and  deliberate  convictions  as 
to  this  great  question.  They  feel  that  the  conduct  of  the 
abolitionist  is  not  only  wrong  in  policy,  but  erroneous  in 
morals.  However  sincere  an  enthusiast  may  be,  and 
there  are,  no  doubt,  many  degrees  of  sincerity  amongst 
this  body,  his  zeal  cannot  excuse  him  from  the  weight  of 
moral  accountability.  The  evil  consequences  which  have 
already  attended  their  efforts,  and  those  infinitely  more 
evil  likely  to  ensue,  unless  they  should  be  in  som^e  way 
arrested  in  their  career,  must  be  answered,  at  some  period, 
at  a  higher  tribunal  than  even  public  opinion.  Your 
Committee  have  no  right  to  pre-judge  this  cause ;  or  to 
anticipate  how  strict  an  account  will  be  required  of  the 
grounds  of  motives ;  and  how  far  an  honest  investigation 
of  their  reasonableness  as  well  as  their  sincerity  will  be 
necessary  in  order  to  palliate  the  extravagances  of  human 
actions.  It  is  the  business  of  your  Committee  to  apply  to 
the  transactions  of  life  the  ordinary  causes  from  which 
they  result ;  and,  so  far  as  may  be  in  their  power,  to  re- 
commend those  measures  which  may  seem  best  adapted  to 
stay  the  progress  of  evil.  They  feel  that  there  is  a  deep 
responsibility  resting  upon  them  ;  and  while  they  cannot 
avoid  their  duty,  they  have  no  desire  to  shrink  from  its 
discharge. 

Whatever,  indeed,  may  be  the  action  of  the  legislature 
upon  this  subject,  your  Committee  are  determined  to  ful- 
fil their  duty  to  the  state,  and  to  our  common  country,  in 
the  most  firm  and  faithful  manner.  In  remembering  that 
they  are  men  of  Massachusetts,  they  are  incapable  of 
meanly  forgetting  that  they  are  also  Americans.     How- 


16  REPORT  &  RESOLVES  ON  SLAVERY.  Mar. 

ever  they  may  regret  the  condition  of  slavery  everywhere 
in  the  v^'orld,  they  have  no  sympathy  with  that  diseased 
sensibility  which,  in  its  commiseration  for  the  slave,  wil- 
fully shuts  its  eyes  against  the  fatal  consequences  of  con- 
duct, which  is  likely  to  involve  both  master  and  slave  in 
one  common  destruction.  They  have  no  sympathy  with 
that  false  benevolence,  which,  in  order  to  liberate  the 
slave,  is  willing  to  destroy  the  hope  of  liberty  itself,  by 
plunging  the  country  in  all  the  horrors  of  civil  war,  with 
bloodshed,  anarchy  and  despotism,  the  sure  attendants  in 
its  train.  In  a  word,  they  cannot  but  deem  that  philan- 
thropy not  only  officious,  but  extravagant  and  inexcusable, 
which  will  interaieddle  in  the  proper  and  peculiar  affairs 
of  others,  not  only  against  their  will,  but  to  their  manifest 
and  inevitable  detriment.  To  those  who  are  amenable  to 
no  other  argument,  there  is  an  appeal,  which  this  legisla- 
ture cannot  safely  resist.  One  of  its  first  duties  here,  is 
solemnly  to  swear  that  it  will  support  the  constitution  of 
the  United  States  ;  and  your  Committee  beg  gentlemen 
to  consider  how  they  will  answer  the  observation  of  that 
oath,  by  promoting  or  countenancing  those  wild  schemes, 
which  cannot  but  deprive  their  brother  of  the  guaranty, 
which  that  constitution  does  provide  for  his  security  in  the 
possession  of  his  property,  and  all  its  legal  rights. 

The  appeal  which  is  addressed  to  us  by  our  sister  states 
is  indeed  of  the  most  solemn  and  affecting  character.  Its 
language  is  often  ardent,  in  the  opinion  of  some  it  may 
be  reprehensible.  But  your  Committee  believe,  that  the 
character  of  the  good  people  of  this  Commonwealth  is 
somewhat  too  well  understood  ;  that  its  spirit  and  honor 
are  to^well  known,  to  allow  the  legislatures  of  other  states 
to  expect  to  extort  any  thing  from  us  which  does  not  ad- 
dress itself  to  our  reasonable  convictions.     They  appeal 


1836  SENATE— No.  56.  17 

to  our  justice  as  men ;  to  our  sympathies  as  brethren ; 
to  our  patriotism  as  citizens ;  to  the  memory  of  the  com- 
mon perils  and  triumphs  of  our  ancestors  and  theirs ;  to 
all  the  better  emotions  of  our  nature ;  to  our  respect  for 
the  constitution ;  to  our  regard  for  the  laws ;  to  our  value 
for  the  institutions  of  *the  country ;  to  our  hope  for  the 
security  of  all  those  blessings  which  the  UNION,  and 
that  only,  can  preserve  to  us. 

In  view  of  these  motives,  therefore,  which  surely  cannot 
be  disregarded,  and  for  the  reasons  above  set  forth,  and 
after  the  most  mature  deliberation,  your  Committee  have 
determined  to  recommend,  and  do  recommend,  the  fol- 
lowing Preamble  and  Resolves  to  the  acceptance  of  ths 
legislature. 


In  the  Year  of  our  Lord  One  Thousand  Eight  Hundred 
and  Thirty- Six. 


Whereas,  the  legislatures  of  our  sister  states  of  Virgin- 
ia, North  Carolina,  South  Carolina,  Georgia  and  Alabama, 
have  transmitted  to  the  legislature  of  this  Commonwealth, 
certain  memorials  and  resolutions,  relating  to  the  subject 
of  domestic  slavery  within  their  limits ;  which  state  that 
the  proceedings  of  certain  persons,  therein  styled  aboli- 
tionists, are  dangerous  to  the  public  peace,  are  calculated 
to  excite  the  slave  to  insurrection  and  revolt,  and  to  ren- 
der not  only  the  property  but  the  lives  of  our  southern 
brethren  insecure ;  and  whereas,  they  call  upon  us  by  the 
most  interesting  and  solemn  motives,  to  aid  them  in  ar- 
resting the  progress  of  this  evil ;  and  whereas,  in  our 
opinion,  the  institution  of  domestic  slavery  is  one  in 
which,  as  it  is  settled  by  the  constitution  of  these  United 
States,  we  have  no  title  to  interfere,  especially  against 
the  consent  of  those  whose  interests  may  be  most  dearly 
affected  by  such  a  course ;  and  whereas,  it  is  our  highest 
political  duty  to  endeavor  to  maintain  the  most  friendly 


March,  1836.  SENATE— No.  56.  19 

and  intimate  relations  with  all  the  states  of  this  great  and 
happy  Union,  and  to  discountenance  every  thing  which 
may  tend  to  its  disturbance  and  dissolution  ;  therefore, 

Be  it  resolved,  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  That  this  legislature,  regarding  the  constitution 
of  these  United  States  as  the  most  sacred  and  inestimable 
political  inheritance  which  could  have  been  transmitted  to 
us  by  our  ancestors,  looks  indignantly  upon  every  thing 
calculated  to  impair  its  permanency ;  and  that  we  deem 
it  our  high  duty  to  maintain  the  Union,  which  it  secures, 
at  every  hazard,  and  by  every  sacrifice,  not  inconsistent 
with  our  known  duties  as  men,  citizens  and  christians. 

Resolved,  That  this  legislature  distinctly  disavows  any 
right  whatever  in  itself,  or  in  the  citizens  of  this  Com- 
monwealth, to  interfere  in  the  institution  of  domestic 
slavery  in  the  southern  states  ;  it  having  existed  therein 
before  the  establishment  of  the  constitution  ;  it  having 
been  recognized  by  that  instrument ;  and  it  being  strictly 
within  their  own  keeping. 

Resolved,  That  this  legislature,  regarding  the  agitation 
of  the  question  of  domestic  slavery  as  having  already 
interrupted  the  friendly  relations  which  ought  to  exist 
between  the  several  states  of  this  Union ;  and  as  tending 
permanently  to  injure,  if  not  altogether  to  subvert,  the 
principles  of  the  Union  itself;  and  believing  that  the  good 
expected  by  those  who  excite  its  discussion  in  the  non- 
slave-holding  states,  is,  under  the  circumstances  of  the 
case,  altogether  visionary,  while  the  immediate  and  future 
evil  is  great  and  certain ; — does  hereby  express  its  entire 
disapprobation  of  the  doctrines  upon  this  subject  avowed, 
and  the  general  measures  pursued  by  such  as  agitate  the 
question ;  and  does  earnestly  recommend  to  them   care- 


20  REPORT  &  RESOLVES  ON  SLAVERY. 

fully  to  abstain  from  all  such  discussion,  and  all  such 
measures,  as  may  lend  to  disturb  and  irritate  the  public 
mind. 

Resolved,  That  this  legislature  entirely  disapproves  of 
all  those  tumultuous  and  riotous  proceedings  everywhere, 
which  have  arisen  from  the  agitation  of  this  question ; 
and,  believing  that  the  good  citizens  of  this  Common- 
wealth entertain  a  sacred  regard  for  the  authority  of  the 
laws,  and  for  the  preservation  of  the  public  peace,  this 
legislature  earnestly  recommends  and  demands  that,  by 
their  influence  and  example,  and  by  their  quiet  and  peace- 
able demeanor,  they  will  do  all  in  their  power  to  prevent 
the  recurrence  of  such  scenes ;  and  it  enjoins  upon  all 
magistrates  and  civil  officers,  the  firm  and  faithful  dis- 
charge of  the  duties  entrusted  to  them,  to  maintain  order 
and  decorum,  and  to  uphold  the  dignity  of  the  Common- 
wealth. 

Resolved,  That  his  Excellency  the  Governor  be  request- 
to  transmit  copies  of  this  report  and  these  resolves  to  the 
executive  of  each  of  those  states  which  have  addressed 
us  upon  the  subject. 

By  order  of  the  Committee. 

GEORGE  LUNT» 


REPORT  AND  RESOLUTIONS 


OF 


NORTH  CAROLINA. 


• 


Executive  Office, 
Raleigh,  N.  C.  28th  Dec,  1835. 


His  Excellency  the  Governor  of  Massachusetts. 


Sir, 


In  obedience  to  the  request  of  the  General  Assembly  of  this 
State,  I  have  the  honor  of  sending  you  a  copy  of  the  preamble 
and  resolutions  on  the  subject  of  incendiary  publications,  adopted 
by  that  body  ;  which  it  is  requested  you  will  please  submit  to  the 
Legislature  of  your  State. 

I  have  the  honor  to  be, 

With  high  considerations, 

I 

Your  ob't  servant, 


RICHARD  D.  SPAIGHT. 


# 


# 


Preamble  and  Resolutions  on  the  subject  of  Incendiary 
Publications. 

Whereas,  the  proceedings  of  certain  persons  in  the  middle  and 
eastern  states  during  the  past  summer,  have  furnished  clear  proof 
of  a  determination  to  promote,  by  means  the  most  unjustifiable  and 
iniquitous,  the  abolition  of  slavery  in  the  states  of  the  Union  in 
which  it  now  exists  ;  and  Whereas,  as  well  from  the  wealth,  number, 
and  assiduity  of  the  persons  engaged  in  this  criminal  purpose,  as  from 
the  means  they  have  resorted  to,  to  accomplish  their  designs,  serious 
fears  are  entertained  that  our  property,  the  peace  of  our  country, 
and  the  Union  of  the  states  may  be  endangered  thereby — this  Gen~ 
era!  Assembly  feel  called  upon  by  a  just  regard  for  the  interests  and 
happiness  of  the  good  people  of  this  state,  and  of  the  other  states 
similarly  situated,  as  well  as  by  an  anxious  solicitude  for  the  preser- 
vation of  the  Union,  which  at  present  so  happily  unites  all  the  states 
into  one  confederated  people,  to  declare  the  opinions,  and  set  forth 
the  purposes  of  the  people  of  this  state,  in  language  at  once  firm, 
clear,  decided,  and  teniperate. 

When  the  American  Colonies  first  united  for  protection  from  the 
encroachments  upon  their  rights  and  privileges,  made  by  the  king 
and  parliament  of  Great  Britain,  they  assumed  the  character  of  sov- 
ereign and  independent  states — they  united  under  an  organization 
which  was  in  strictness,  a  league — leaving  the  direct  power  of  opera- 
ting upon  the  citizens  of  each  state,  with  its  own  constituted  authori- 
ties ;  and  when  the  present  constitution  was  adopted,  though  to  all 
general  purposes  it  constituted  the  people  of  the  states  one  people, 
with  one  government,  having  a  direct  legislative,  judicial,  and  execu- 
tive authority  over  the  citizens,  yet  it  declared  by  a  specific  enumer- 
ation, the  powers  intended  to  be  granted  to  this  government,  and 
expressly  declared,  out  of  abundant  caution  that  the  powers  not 
granted,  belonged  to  the  states  respectively,  or  to  the  people.  At 
the  time  when  this  constitution  was  adopted,  as  well  at  the  time  when 
4 


26        PREAMBLE  AND  RESOLUTIONS.     March 

the  confederation  was  formed,  each  of  the  states  recognized  the  right 
of  its  citizens  to  hold  slaves.  The  constitution  contains  no  grant  of 
a  power  to  any  department  of  the  government  to  control  the  people 
of  any  state  in  regard  to  its  domestic  institutions — certainly  not  in 
regard  to  that  now  in  question.  It  is  clear,  therefore,  that  the  whole 
power  of  regulating  this  subject  within  the  state  of  North  Carolina 
is  vested  now  in  the  authorities  of  this  state,  as  fully  as  on  the  day 
the  independence  of  the  states  was  declared  ;  for  though  much  dif- 
ference of  opinion  has  existed  as  to  the  principle  upon  which  the 
grants  of  power  in  the  Constitution  are  to  be  interpreted,  no  one  has 
ever  had  the  temerity  to  assert,  that  the  General  Government  may 
assume  a  power  which  is  not  granted  in  terms,  and  is  not  necessary 
as  an  incident  to  the  proper  exercise  of  a  granted  power. 

We  have,  therefore,  an  undoubted  right  to  regulate  slavery 
amongst  ourselves,  according  to  our  own  views  of  justice  and  expe- 
diency— to  continue,  or  abolish — to  modify  or  mitigate  it  in  any  form 
and  to  any  extent,  without  reference  to  any  earthly  authority,  and 
solely  responsible  to  our  own  consciences  and  the  judgment  of  the 
Governor  of  the  universe.  No  other  state,  and  no  other  portion  of 
the  people  of  any  other  state,  can  claim  to  interfere  in  the  matter, 
either  by  authority,  advice,  or  persuasion  ;  and  such  an  attempt, 
from  whatever  quarter  it  may  come,  must  ever  be  met  by  us  with 
distrust,  and  repelled  with  indignation. 

Upon  the  other  states  of  the  Union,  our  claim  is  clear  and  well 
founded.  If  they  were  foreign  states,  it  would  be  a  violation  of  na- 
tional law  in  them,  either  to  set  on  foot  themselves,  or  permit  their 
own  subjects  to  set  on  foot,  any  project,  the  object  or  tendency  of 
which  would  be  to  disturb  our  peace  by  arraying  one  portion  of  soci- 
ety against  another.  The  constitution  which  unites  us,  and  by  vir- 
tue of  which  we  have  ceased  to  be  foreign  states  in  regard  to  each 
other ^  and  have  become  bound  in  the  closest  union,  and  the  most 
intimate  relations,  for  the  promotion  of  the  common  defence  and 
general  welfare,  cannot  be  supposed  to  have  lessened  our  mutual 
obligations,  or  to  have  made  an  act  harmless  which  would  have  been 
gross  wrong,  had  we  continued  in  respect  to  each  other  as  we  now 
are  in  respect  to  other  nations,  in  war,  enemies,  and  only  in  peace, 
friends.      It  is  evident,  on  the  contrary,  that  every  duty  of  friend- 


1836.  SENATE— No.  56.  27 

ship  towards  each  other,  which  before  existed,  is  by  our  Union 
heightened  in  its  obligation,  and  enforced  by  motives  the  most  ex- 
alted and  endearing.  Whatever  institution  or  state  of  society  we 
think  proper  to  establish  or  permit,  is  by  no  other  state  to  be  dis- 
turbed or -questioned.  We  enter  not  into  the  inquiry,  whether  such 
institution  be  deemed  by  another  state  just  or  expedient.  It  is  suf- 
ficient that  we  think  proper  to  allow  it.  To  protect  us  from 
attempts  to  disturb  what  we  allow,  and  they  approve,  would  be  to 
support  not  our  institutions,  but  their  own  opinions, — to  exercise  a 
supervising  power  over  our  legislation,  and  to  insult  us  with  a  claim  of 
superiority  in  the  very  offer  to  discharge  the  duty  which  our  relations 
authorize  us  to  require.  As  our  right  is  indisputable,  to  regulate 
exclusively,  according  to  our  own  notions,  the  interior  relations  of 
of  our  own  people,  the  duty  of  preventing  every  attempt  to  disturb 
what  we  have  established,  results  from  the  simple  fact,  that  we  have 
established  it.  And  the  propriety  and  impropriety  in  the  view  of 
others  of  such  regulations  as  we  have  pleased  to  make,  can  never 
either  enhance  or  lessen  the  duty  of  such  prevention. 

We  do  full  justice  to  the  general  sentiment  and  feelings  of  our 
fellow  citizens  in  other  states,  and  are  fully  aware  that  the  attempts 
to  injure  us  are  made  by  a  small  minority, — composed,  probably, 
of  many  misguided  and  some  wicked  men  ;  and  that  these  attempts 
meet  with  no  favor,  but  on  the  other  hand,  with  marked  disappro- 
bation from  the  large  majority  of  the  communities  in  which  they  are 
made.  Still,  it  must  be  recollected,  that  from  the  nature  of  the 
means  employed,  the  danger  to  us  is  the  same,  whether  these 
means  are  put  into  activity  by  a  contemptible  minority,  or  are  sanc- 
tioned and  adopted  by  the  whole  body  of  the  people.  An  incen- 
diary pamphlet  performs  its  office  of  mischief  as  effectually  when 
issued  under  the  patronage  of  twenty,  as  of  twenty  thousand  persons. 
Its  efficacy  depends  upon  its  circulation,  not  upon  the  weight  of 
authority  which  supports  it. 

While,  therefore,  we  are  justly  sensible  of  the  sympathy  for  us, 
and  the  indignation  against  those  who  seek  to  disturb  our  peace, 
expressed  by  large  and  intelligent  assemblies  of  our  northern  and 
eastern  brethren,  we  cannot  but  know,  that  these  expressions  do  in 
no  way  diminish  our  danger.     While  the  abolitionists  are  allowed  to 


28        PREAMBLE  AND  RESOLUTIONS.     March 

pursue  their  course  with  no  other  check  than  the  disapprobation  of 
their  fellow  citizens,  that  disapprobation  will  little  affect  them,  and 
bring  no  support  or  consolation  under  the  evils  that  are  likely  to  befal 
us.  We  ask  not  sympathy,  for  we  feel  not,  from  the  institutions 
we  possess,  that  we  suffer  injury.  We  ask  protection,  not  to 
maintain  our  authority  by  force  of  arms,  for  to  that  we  know  our- 
selves entirely  adequate,  but  we  ask  protection  from  the  necessity  of 
resorting  to  such  force  for  that  purpose.  We  ask  not  assistance,  to 
put  down  insurrectionary  movements  among  our  slaves,  for  should 
such  occur,  we  are  fully  able  to  put  them  down  ourselves.  But  we 
ask,  that  our  slaves  and  ourselves  may  be  relieved  from  external 
interference.  Left  to  themselves,  we  believe  our  slaves  a  laboring 
class,  as  little  dangerous  to  society  as  any  in  the  world.  But  we  do 
ask,  and  think  we  have  a  right  to  demand,  that  others  shall  not  teach 
them  evil,  of  which  they  think  not  themselves  ;  that  they  should  not 
be  stimulated  by  the  base  and  violent  of  other  lands,  to  deeds  of 
bloodshed,  of  which  the  evils  to  os  will  be  temporary — to  the  slaves 
themselves  dreadful  and  fasting  ;  that  we  may  not  be  compelled,  by 
a  factitious  necessity,  to  adopt  measures  of  rigor,  which  such  neces- 
sity only  could  justify.  By  some  it  seems  to  have  been  supposed, 
that  the  practices  of  the  abolitionists  cannot  be  put  down  by  legisla- 
tion, consistently  with  the  constitutions  of  the  states  in  which  they 
live.  If  this  were  true,  it  would  furnish  no  answer  to  our  just  com- 
plaint, and  afford  no  excuse  to  those  states  for  j)ermitting  such  piac- 
tises  to  continue.  The  duty,  the  performance  of  which  we  invoke, 
is  binding  upon  those  states,  and  they  have  no  right  to  disable  them- 
selves from  its  performance  by  an  organic  law,  more  than  to  refuse 
'ts  performance  by  an  ordinary  act  of  legislation.  The  obligation 
being  perfect,  cannot  be  dissolved  by  any  arrangement  of  the  parly 
on  whom  the  obligation  rests.  If  therefore,  any  such  difficulty  did 
in  reality  exist,  we  should  have  a  right  to  ask,  that  the  organic  law 
which  produced  it,  should  be  so  altered  as  to  remove  it.  But  does 
any  such  difficulty  exist  ?  The  one  supposed  is  this  :  That  as  the 
abohtionists  seek  to  accomphsh  their  object  by  the  issue  of  inflam- 
matory publications,  a  law  to  arrest  their  progress  would  be  a  viola- 
tion of  the  liberty  of  the  press.  This  difficulty  has  its  origin  in  a 
total  misconception  of  what  is  meant  by  the  liberty  of  the  press  ; 


1836.  SENATE— No.  56.  29 

which  means  not  the  right  to  publish  without  resposibility,  but  to 
publish  without  previous  permission.  If  it  meant  the  former,  the 
liberty  of  the  press  would  be  the  greatest  curse  which  could  be  in- 
flicted on  a  nation.  Where  every  man  has  a  right  to  publish  what 
he  pleases,  but  is  responsible  to  the  law  for  the  nature  and  tendency 
of  his  publication,  the  press  is  free.  If  he  has  the  right  to  publish 
without  such  responsibility,  the  press  is  licentious.  If  the  latter  right 
exist,  it  is  the  only  instance  known  to  our  laws,  of  a  right  to  act 
without  any  accountability  for  the  action.  Every  man  has  a  right  to 
carry  arms  for  his  own  defence,  and  that  right  is  as  clear  and  as  im- 
portant as  the  freedom  of  the  press  ;  yet  it  was  never  supposed  that 
he  who  used  arms  for  violence  or  bloodshed,  was  therefore  irrespon- 
sible, because  he  had  a  right  to  carry  them  for  defence. 

But  it  is  unnecessary  further  to  set  forth  the  justice  of  our  claims 
on  our  brethren  of  the  north  and  east,  and  their  capability,  if  they 
were  desirous,  of  complying  with  our  just  demands.  We  believe 
that  our  property,  the  lives  of  our  fellow  citizens,  and  the  peace  and 
harmony  of  our  country,  are  threatened  by  the  measures  of  these  mis- 
guided and  wicked  men  ;  and  though  we  feel  the  greatest  attachment 
for  the  Union,  and  would  do  all  in  our  power  to  strengthen  and  per- 
petuate it,  yet  we  are  not  ready  to  surrender  those  very  rights  and 
blessings  which  that  Union  was  formed  to  protect:  And  should  the 
means  now  adopted,  prove  ineffectual  in  stopping  the  progress  of 
these  attacks  on  our  peace  and  happiness,  we  would  invoke  the  aid 
of  the  other  slave-holding  states,  that  there  may  be  concert  of  action 
in  taking  such  steps  as  the  occasion  may  demand. 

THOMAS  G.  POLK, 

Chairman  of  the  Committee  of  26. 

1.  Resolved,  That  North  Carolina  alone  has  the  right  to  legislate 
over  the  slaves  in  her  territory,  and  any  attempt  to  change  their  con- 
dition, whether  made  by  Congress,  the  legislatures,  or  the  ])eople  of 
other  states,  will  be  regarded  as  an  invasion  of  our  just  rights. 

2.  Resolved,  That  we  are  ready  and  willing  to  make,  on  this 
subject,  a  common  cause  with  the  rest  of  our  sister  slave-holding 
states,  and  hereby  invite  their  co-operation  in  passing  such  laws  and 


30  PREAMBLE  AND  RESOLUTIONS.  Mar.  1836, 

regulations  as  may  be  necessary  to  suppress  and  prevent  the  circula- 
tion of  any  incendiary  publications  within  any  of  the  slave-holding 
states. 

3.  Resolved,  That  the  thanks  of  this  state  are  due  to,  and  the 
kindest  feelings  of  the  citizens  thereof  are  cherished  towards,  their 
brethren  of  the  north,  who  have  magnanimously  sustained  the  princi- 
ples of  our  federal  government,  and  recognized  and  maintained  our 
rights  against  the  fanatics  of  those  slates. 

4.  Resolved,  That  our  sister  states  are  respectfully  requested  to 
enact  penal  laws,  prohibiting  the  printing  within  their  respective  limits, 
all  such  publications  as  may  have  a  tendency  to  make  our  slaves  dis- 
contented with  their  present  condition,  or  incite  them  to  insurrection. 

5.  Resolved,  That  although,  by  the  constitution,  all  legislative 
power  over  the  district  of  Columbia,  is  vested  in  the  Congress  of  the 
United  States,  yet  we  would  deprecate  any  legislative  action,  on  the 
part  of  that  body,  towards  liberating  the  slaves  of  that  district,  as  a 
breach  of  faith  towards  those  states  by  whom  the  territory  was  orig- 
inally ceded,  and  will  regard  such  interference  as  the  first  step  towards 
a  general  emancipation  of  the  slaves  of  the  south. 

6.  Resolved,  That  the  governor  be,  and  he  is  hereby  requested 
to  forward  a  copy  of  this  preamble  and  resolutions  to  each  of  our 
senators  and  representatives  in  Congress,  and  to  the  executive  of 
each  of  the  states  of  the  Union,  with  a  request  that  the  same  be 
submitted  to  their  respective  legislatures. 

Read  three  times,  and  ratified  in  General  Assembly,  December 
]9th,  1835. 

WM.  H.  HAYWOOD,  .7r.,   S.  H.   C. 

WM.  D.  MOSELEY,   S.   S. 


A  true  copy. 


WM.  HILL,    Secretary, 


nvnimiiiwrfiai«r-*iirfWr'T*r'*«^'''*'*lfifP^ 


REPORT  AND  RESOLUTIONS 


OF 


SOUTH  CAROLINA. 


WitKmmK^j*iamminiumM3.vmMiiimmmimMiiimmam<mmammimimmmiismBStiat 


Executive  Department,       ) 
Columbia,  Dec.  20th,  1835.  ] 

To  His  Excellency  the  Governor  of  the  State  of  Massachusetts. 

Sir, 

In  obedience  to  the  instructions  of  both  branches  of  the  Legisla- 
lature  of  the  State  of  South  Carolina,  I  beg  leave  to  transmit  you 
the  enclosed  Report  and  Resolutions,  with  a  request,  that  you  will 
lay  them  before  the  Legislature  of  your  State. 

I  have  the  honor  to  be, 

With  great  consideration. 

Your  most  obt.  humble  servant, 

GEO.  McDUFFIE. 


REPORT 


Of  the  Joint  Committee  of  Federal  Relations  on  so  much  of  the 
Governor's  Message  as  relates  to  the  Institution  of  Domestic 
Slavery,  and  the  Incendiary  proceedings  of  the  Abolitionists  in 
the  non-slave-holding  States. 

Mr.  Hamilton  of  the  Senate,  from  the  committee  of  federal  re- 
lations, submitted  the  following  report  : 

The  joint  committee  of  federal  relations,  to  whom  was  referred 
so  much  of  His  Excellency  the  Governor's  message,  as  relates  to 
the  institution  of  domestic  slavery,  and  the  incendiary  proceedings  of 
the  abolitionists  in  the  non-slave-holding  states,  beg  leave  to  report  : 

That  they  have  given  to  this  subject  the  deep  and  anxious  con- 
sideration which  both  from  its  intrinsic  importance,  and  from  the 
profound  and  patriotic  reflections  of  the  executive,  it  so  obviously 
demands. 

They  desire  to  respond  in  terms  of  the  most  emphatic  concur- 
rence and  approbation  to  the  view,  which  his  Excellency  is  pleased 
to  present  of  the  mild  and  patriarchal  character  of  the  institution  of 
domestic  slavery  in  the  southern  states,  its  influence  on  national  char- 
acter and  civil  liberty  and  the  nature  of  those  obligations,  resulting 
from  our  constitutional  compact,  and  the  principles  of  international 
law,  upon  which  our  tenure  to  this  species  of  property  so  inviolably 
rests. 

The  present  condition  of  the  slave  question  in  the  states  of  this 
confederacy,  presents  one  of  the  most  extraordinary  spectacles 
which,  your  committee  will  venture  to  assert,  has  ever  challenged 
the  notice  of  the  civilized  world.  We  see  sovereign  states,  united 
by  a  common  league,  in  about  one  half  of  which  states,  the  institu- 


36  REPORT  AND  RESOLUTIONS.  March 

tion  of  slavery  not  only  exists,  but  its  legal  existance  is  solemnly 
recognized  and  guaranteed  by  their  compact  of  union.  Yet  in  the 
face  of  this  compact,  and  the  clear  and  distinct  admission,  that  the 
non-slave-holding  states  have  not  the  slightest  right,  either  constitu- 
tionally or  otherwise,  to  interfere  with  this  institution,  the  most  in- 
cendiary associations  are  tolerated  or  permitted  to  exist  within  their 
limits,  the  object  and  ends  of  which  not  only  strike  at  the  prosperity 
and  happiness  of  eleven  states  in  the  confederacy,  but  at  their  very 
social  existence. 

»  Painful  as  it  may  be,  it  is  impossible  to  disguise  the  fact,  that  this 
is  a  condition  of  things  which  cannot,  in  the  long  run,  be  permitted 
to  exist.  Every  wise  instinct  of  self-preservation  forbids  it.  Let  it 
be  admitted,  that  the  three  millions  of  free  white  inhabitants  in  the 
slave-holding  states  are  amply  competent  to  hold  in  secure  and  pa- 
cific subjection  the  two  millions  of  slaves,  which,  by  the  inscrutable 
dispensations  of  Providence,  have  been  placed  under  our  dominion. 
Let  it  be  admitted,  that,  by  reason  of  an  efficient  police  and  judicious 
internal  legislation,  we  may  render  abortive  the  designs  of  the  fana- 
tic and  incendiary  within  our  own  limits,  and  that  the  torrent  of 
pamphlets  and  tracts  which  the  abolition  presses  of  the  north  are 
pouring  forth  with  an  inexhaustible  copiousness,  is  arrested  the  mo- 
ment it  reaches  our  frontier.  Are  we  to  wait  until  our  enemies  have 
built  up,  by  the  grossest  misrepresentations  and  falsehoods,  a  body 
of  public  opinion  against  us,  which  it  would  be  almost  impossible  to 
resist,  without  separating  ourselves  from  the  social  system  of  the  rest 
of  the  civilized  world  ?  Or  are  we  to  sit  down  content,  because, 
from  our  own  vigilance  and  courage  the  torch  of  the  incendiary  and 
the  dagger  of  the  midnight  assassin  may  never  be  applied  ?  This 
is  impossible.  No  people  can  live  in  a  state  of  perpetual  excite- 
ment and  apprehension,  although  real  danger  may  be  long  deferred. 
Such  a  condition  of  the  public  mind  is  destructive  of  all  social  hap- 
piness, and  consequently  must  prove  essentially  injurious  to  the  pros- 
perity of  a  community  that  has  the  Vv'eakness  to  suffer  under  a  perpet- 
ual panic.  This  would  be  true,  if  the  causes  of  this  excitement  pro- 
ceeded from  the  external  hostility  of  a  foreign  nation.  But  how  in- 
finitely interesting  and  momentous  the  consideration  becomes,  when 
they  flow  from  the  acts  aud   doings  of  citizens  of  states,  with  whom 


1836.  SENATE— No.  56.  31 

we  are  not  only  in  amity,  but  to  whom  we  are  bound  by  the  strongest 
bonds  of  a  common  union,  which  was  framed  to  promote  the  happi- 
ness, peace,  security,  and  protection  of  all. 

We  have,  therefore,  a  claim  on  the  governments  of  the  non-slave- 
holding  states,  not  only  moral  and  social,  but  of  indispensible  consti- 
tutional obligation,  that  this  nuisance  shall  be  abated.  They  not  only 
owe  it  to  us,  but  they  owe  it  to  themselves,  to  that  Union,  at  whose 
shrine  they  have  so  often  offered  up  the  highest  pledges,  by  which 
man  can  plight  his  temporal  faith. 

Your  committee  would  be  inclined  to  recommend  to  this  Legisla- 
ture to  make  an  explicit  demand  on  the  non-slave-holding  states,  for 
the  passage  of  penal  laws  by  their  Legislatures,  providing  for  the 
punishment  of  the  incendiaries  within  their  limits,  who  are  engaged  in 
an  atrocious  conspiracy  against  our  right  of  property  and  life.  But  a 
cordial  confidence,  a  fraternal  feeling,  and  the  comity  which  belongs 
to  our  social  and  political  relations,  forbid  us  for  one  moment  to 
doubt,  that  every  effort  will  be  made  by  the  states  to  whom  this  ap- 
peal is  referable,  to  meet,  not  only  our  just  expectations  on  this  sub- 
ject, but  every  emergency  which  belongs  to  this  crisis  of  public 
peril.  Indeed,  when  we  remember  the  strong  demonstrations  of 
public  opinion,  which  were  presented  at  various  gratifying  public 
meetings,  which  were  held  during  the  last  summer  throughout  the 
non-slave-holding  states,  denouncing  as  anti-social  and  unconstitu- 
tional the  proceedings  of  the  fanatics  and  incendiaries  ;  when  we 
remember,  to  the  avowal  universally  made,  by  the  public  press,  in 
those  states,  that  a  vast  and  overwhelming  majority  of  their  people, 
viewed  such  proceedings  with  horror  and  detestation,  we  cannot  but 
believe  that  every  rational  expectation  which  the  slave-holding  states 
can  cherish  on  this  vital  question,  will  be  cheerfully  met  and  respond- 
ed to  by  those  on  whom  we  have  such  inviolable  claims. 

We  concur  entirely  in  the  view  which  our  own  executive  takes  of 
the  grounds,  on  which  our  right  to  demand  the  enactment  of  such 
conservative  legislation  rests. 

Apart  from  all  those  obligations,  resulting  from  the  constitutional 
compact,  which  unites  these  states,  and  which  make  it  the  imperative 
duty  of  one  member  of  this  confederacy,  not  to  allow  its  citizens  to 
plot  against  the  peace,  property,  and  happiness  of  another  member, 


38  REPORT  AND  RESOLUTIONS.        March 

there  is  no  principle  of  international  law  better  established,  than  that 
even  among  foreign  nations,  such  atrocious  abuses  are  not  to  be 
tolerated,  except  at  the  peril  of  that  high  and  ultimate  penalty,  by 
which  a  brave  and  free  people  vindicate  their  rights. 

Your  committee  are  aware,  that  it  has  been  said,  that  no  legisla- 
tion can  be  adapted  to  arrest  the  proceedings  of  the  abolitionists  by 
the  non-slave-holding  states,  without  violating  the  great  principle  of 
the  liberty  of  the  press.  We  consider  that  this  objection  rests  on  no 
just  foundation.  There  is  certainly  some  difference  between  the 
freedom  of  discussion,  and  the  liberty  to  deluge  a  friendly  and  coter- 
minous state  with  seditious  and  incendiary  tracts,  pamphlets,  and 
pictorial  representations,  calculated  to  excite  a  portion  of  its  popula- 
tion to  revolt,  rapine,  and  blood-shed.  We  would  fain  believe,  that 
the  northern  liberty  of  the  press,  would  never  be  construed  into  a 
liberty,  to  lay  the  south  in  ashes.  Under  a  law  honestly  passed,  to 
meet  this  crime  against  society,  and  treason  against  the  Union,  the 
whole  circumstances  of  the  case,  and  the  quo  animo  of  the  offender 
might  be  left  to  a  jury  to  determine,  like  any  other  criminal  issue, 
and  if  we  are  to  believe  in  the  condition  of  public  opinion,  as  recent- 
ly exhibited  in  most  of  the  non-slave-holding  states,  we  are  far  from 
thinking  that  such  legislation  would  be  a  mere  dead  letter. 

South  Carolina  will  not  anticipate  the  crisis,  which  must  be  pre- 
sented by  a  refusal  on  the  part  of  the  non-slave-holding  states,  to 
accord  to  us  the  protection  of  such  legislation,  or  such  other  means, 
as  they  may  select  for  the  suppression  of  the  evils  of  which  we 
complain,  for  she  will  not  doubt  the  good  faith  and  amity  of  her 
sister  states.  She  desires  to  live  in  peace  and  harmony  in  the  Union. 
In  the  assertion  of  her  rights,  and  in  preferring  her  claims  to  be  se- 
cure in  the  enjoyment  of  her  property,  under  the  compact,  she  desires 
to  act  in  entire  concert  with  those  states,  whose  interests  are  identified 
with  her  own.  She  is,  however,  prepared  to  do  her  duty  to  herself 
and  posterity,  under  all  and  every  possible  conjecture  of  circum- 
stances. 

In  conclusion,  your  committee,  desirous  of  making  a  matter  of 
record,  both  of  our  rights,  and  the  assertion  of  the  just  expectation  that 
they  will  be  respected  by  those  who  are  united  with  us  in  the  bonds 
of  a  common  union,  beg  leave  to  offer  the  following  resolutions,  for 
the  adoption  of  both  branches  of  the  legislature. 


1836.  SENATE— No.  56.  39 

1.  Resolved,  That  the  formation  of  the  abolition  societies,  and 
the  acts  and  doings  of  certain  fanatics,  calling  themselves  abolitionists, 
in  the  non-slave-holding  states  of  this  confederacy,  are  in  direct  vio- 
lation of  the  obligations  of  the  compact  of  union,  dissocial,  and 
incendiaryln  the  extreme. 

2.  Resolved,  That  no  state  having  a  just  regard  for  her  own  peace 
and  security,  can  acquiesce  in  a  state  of  things  by  which  such  con- 
spiracies are  engendered  within  the  limits  of  a  friendly  state,  united 
to  her  by  the  bonds  of  a  common  league  of  political  association, 
without  either  surrendering  or  compromitting  her  most  essential  rights. 

3.  Resolved,  That  the  legislature  of  South  Carolina,  having 
every  confidence  in  the  justice  and  friendship  of  the  non-slave-holding 
states,  announces  to  her  co-states  her  confident  expectation,  and  she 
earnestly  requests  that  the  governments  of  these  states  will  promptly 
and  effectually  suppress  all  those  associations  within  their  respective 
limits,  purpordng  to  be  abolition  societies,  and  that  they  will  make  it 
highly  penal  to  print,  publish  and  distribute  newspapers,  pamphlets, 
tracts,  and  pictorial  representations,  calculated  and  having  an  obvious 
tendency  to  excite  the  slaves  of  the  southern  states  to  insurrection 
and  revolt. 

4.  Resolved,  That,  regarding  the  domestic  slavery  of  the  south- 
ern states  as  a  subject  exclusively  within  the  control  of  each  of  the 
said  States,  we  shall  consider  every  interference,  by  any  other  state, 
or  the  general  government,  as  a  direct  and  unlawful  interference,  to 
be  resisted  at  once,  and  under  every  possible  circumstance. 

5.  Resolved,  In  order  that  a  salutary  negative  may  be  put  on  the 
mischievous  and  unfounded  assumption  of  some  of  the  abolionists, 
the  non-slave-holding  states  are  requested  to  disclaim  by  legislative 
declaration,  all  right,  either  on  the  part  of  themselves  or  the  govern- 
ment of  the  United  States,  to  interfere  in  any  manner  with  domesdc 
slavery,  either  in  the  states  or  in  the  territories  where  it  exists. 

6.  Resolved,  That  we  should  consider  the  abolition  of  slavery  in 
the  district  of  Columbia,  as  a  violation  of  the  rights  of  the  citizens  of 
that  district,  derived  from  the  implied  condidons  on  which  that  terri- 
tory was  ceded  to  the  general  government,  and  as  an  usurpation  to 
be  at  once  resisted  as  nothing  more  than  the  commencement  of  a 
scheme  of  much  more  extensive  and  flagrant  injustice. 


40  REPORT  AND  RESOLUTIONS. 

7.  Resolved,  That  the  legislature  of  South  Carolina  regards  with 
decided  approbation,  the  measures  of  security  adopted  by  the  post 
office  departnaent  of  the  United  States,  in  relation  to  the  transn:iission 
of  incendiary  tracts.  But  if  this  highly  essential  and  protective  pol- 
icy, be  counteracted  by  Congress,  and  the  United  States  nnail  be- 
comes a  vehicle  for  the  transmission  of  the  mischievous  documents, 
with  which  it  was  recently  freighted,  we,  in  this  contingency,  expect 
that  the  chief  magistrate  of  our  state  will  forthwith  call  the  legislature 
together,  that  timely  measures  may  be  taken  to  prevent  its  traversing 
our  territory. 

8.  Resolved,  That  the  Governor  be  requested  to  transmit  a  copy 
of  this  report  and  resolutions  to  the  executives  of  the  several  states, 
that  they  may  be  laid  before  their  respective  legislatures. 

In  the  Senate,  16th  December,  1835. 

Resolved,  That  the  Senate  do  agree,  unanimously,  to  the  report 
and  resolutions.  Ordered,  They  be  sent  to  the  House  of  Repre- 
sentatives for  concurrence. 

By  order  of  the  Senate. 

JACOB  WARLEY,  C.  S. 


In  the  House  of  Representatives,  16th  Dec.  1835. 

Resolved,  That  the   House  do  concur  unanimously  in  the  report 
and  resolutions.      Ordered,   They  be  returned  to  the  Senate. 
By  order  of  the  House. 

.TAS.  S.  MILES,  O.  H.  R. 


REPORT  AND  RESOLUTIONS 


GEORGIA. 


€:oiiim0iilBealtl|  af  iMas^acl|n.^ettsi. 


Council  Chamber,      l 
20th  Jan.  1836.  ^ 

To  the  Senate  and  House  of  Representatives. 

I  transmit,  for  the  information  of  the  Legislature,  a  communica- 
tion from  His  Excellency  the  Governor  of  Georgia,  accompanied  by 
a  report  and  resolutions  of  the  General  Assembly  of  that  State. 
These  papers  relate  to  the  same  important  topic,  which  forms  the 
subject  of  the  communications  from  their  Excellencies  the  Govern- 
ors of  North  Carolina  and  South  Carolina,  recently  transmitted  by 
me  to  the  two  houses,  among  the  documents,  accompanying  the  let- 
ter addressed  to  me,  by  his  Honor  the  late  Acting  Governor  of  the 
Commonwealth. 

EDWARD  EVERETT. 


House  of  Representatives,  Jan.  21,  1836. 

Referred,  with  the  accompanying  document,  to  the  Committee, 
and  so  much  of  the  Governor's  address,  as  relates  to  the  subject  of 
slavery,  with  instructions  to  consider  the  expediency  of  causing  the 
documents  from  the  several  states  of  North  Carolina,  South  Caroli- 
na, and  Georgia,  to  be  printed. 

Sent  up  for  concurrence. 

L.  S.  GUSHING,  Clerk. 

In  Senate,  Jan.  21,  1836. 
Concurred  : 

CHS.  CALHOUN,  Clerk. 


Executive  Department,  Georgia, 
Milledgeville,  29th  December,  1835. 


Sir, 


In  compliance  with  the  request  of  the  General  Assembly  of  this 
State,  I  have  the  honor  to  transmit  the  subjoined  copy  of  a  report 
and  resolutions,  adopted  at  their  late  session,  upon  a  subject  of  vital 
importance  to  the  interests  of  the  southern  states,  and  to  the  stability 
of  the  institutions  of  our  common  country. 

Very  respectfully, 

Your  obedient  servant, 

WILLIAM  SCHLEY. 


In  the  House  of  Representatives,  Dec.  19th,  1835. 

The  committee  to  whom  was  referred  so  much  of  the  Governor's 
message  as  relates  to  the  movements  of  the  abolitionists  of  the  north, 
have  endeavored  to  bring  to  the  consideration  of  the  subject,  that  dis- 
passionate deliberation  its  importance  demands,-  and  beg  leave  to 
make  the  following  report : 

They  would  remark,  that  the  formation  of  our  glorious  union  was 
a  great  experiment,  made  by  patriotism  in  the  cause  of  civil  liberty. 
Thus  far  successful,  its  results  have  been  most  beneficial,  spreading 
with  unexampled  profusion  over  our  extensive  country,  blessings 
which  distinguish  her  above  all  others.  The  offspring  of  common 
sufferings  and  common  triumphs  among  the  states,  the  preservation 


1836  SENATE— No.  56.  45 

of  this  Union  is  dependent  upon  a  community  of  sympathy  and 
good  feeling  among  their  respective  people.  Any  attempt  by  a  por- 
tion of  the  people  of  one  state  to  interfere,  even  indirectly,  with  the 
domestic  institutions  of  another,  has  the  inevitable  tendency  to  de- 
stroy that  feeling.  Such  attempt  is  an  insult  to  the  state  aggrieved, 
and  the  motives  which  impel  it,  are  at  entire  variance  with  that  fra- 
ternal spirit  which  constitutes  the  people  of  these  states,  brethren 
of  one  great  family.  But  when  such  attempt  involves,  the  safety  of 
the  people  of  a  state — the  robbery  of  their  property — the  dese- 
cration of  their  constitutional  rights — the  violation  of  their  domestic 
peace — infatuation  herself  must  admit,  that  such  attempt,  persevered 
in  will  inevitably  convert  pre-existent  good  feeling  into  deadly  hos- 
tility— the  certain  consequences  of  which,  are  a  sundered  union, 
and  all  the  horrors  of  civil  commotion.  That  such  attempt  is 
being  at  this  time  made  by  certain  fanatics,  by  the  distribution  of 
pamphlets,  prints,  circulars,  annuals,  almanacs,  and  every  species  of 
publication,  your  committee  with  mingled  feelings  of  regret  and  indig- 
nation, believe  cannot  admit  of  doubt — yet  it  is  a  matter  of  heart- 
felt congratulation  to  the  friends  of  union,  that  the  general  and  spon- 
taneous expression  of  feeling  which  has  burst  from  the  patriotism 
and  intelligence  of  the  north,  affords  the  cheering  hope,  that  her 
people  are  prepared  to  "frown  indignantly  upon  the  first  dawning  of 
every  attempt  to  alienate  any  portion  of  our  country  from  the  rest, 
or  to  enfeeble  the  sacred  ties  which  now  link  together  the  various 
parts."  But  notwithstanding  the  manifestation  of  this  spirit,  the 
movement  of  the  domestic  fanatic  and  foreign  eraisary,  and  the  in- 
sidious means  to  which  they  resort,  are  fraught  with  so  much  peril  to 
ourselves,  our  families,  and  our  undoubted  rights,  that  "  stern  neces- 
sity" and  a  just  regard  for  the  peace  and  harmony  of  our  country 
demand  that  the  people  of  this  state,  should  in  temperate  and  re- 
spectful but  determined  language,  declare  their  unalterable  determi- 
nation to  protect  their  domestic  institutions  and  constitutional  rights 
from  all  interference,  direct  or  indirect,  from  any  and  every  quarter. 
Upon  this  point,  there  can  be  no  discussion — no  compromise — no 
doubt. 

They  found  their  rights  upon  the    guarantee  afforded  by  the  con- 
stitution of  the  United  States — and  if  the  provisions  of  that  charter 


46  REPORT  AND  RESOLUTIONS.        March. 

are  to  be  sacrificed  to  the  spirit  of  fanaticism  or  the  impulses  of  a 
false  philanthropy,  calamity  and  ruin  will  soon  overwhelm  this  now 
happy  confederacy.  Impressed  with  the  importance  of  the  duty 
which  devolves  upon  them  at  the  present  crisis,  your  committee,  in 
addition  to  a  bill  in  amendment  of  the  laws  regulating  slaves  and 
free  persons  of  color  v;ithin  this  state,  would  respectfully  submit 
the  following  resolutions  with  a  single  remark,  that  if  a  rigor  hereto- 
fore unknown  to  our  domestic  legislation  be  found  in  the  features  of 
the  bill  they  have  introduced,  it  has  been  forced  upon  them,  by  the 
movements  of  men,  who,  assuming  to  be  the  friends,  are  indeed  the 
most  cruel  enemies  of  those  whom  they  have  taken  under  their  es- 
pecial care  : 

1.  Resolved,  That  in  this  country,  freedom  of  the  press  and  free- 
dom of  speech  are  sacred  and  inviolable  rights  ;  that  in  proportion 
to  their  sacredness  and  value,  is  the  obligation  to  preserve  them  from 
the  abuse  of  those  who  would  prostitute  them  to  the  vile  purpose  of 
"  enfeebling  the  sacred  ties  which  now  link  together  the  various 
parts  "  of  this  happy  Union. 

2.  Resolved,  That  the  people  of  Georgia  stand  prepared  to  pro- 
tect the  domestic  institutions  of  her  sister  states  from  the  unauthor- 
ized interference  of  individuals  or  combinations  within  her  limits. 

3.  Resolved,  That  the  perpetuity  of  this  glorious  Union,  which 
has  shed  such  blessings  on  us  as  a  people,  is  only  to  be  ensured  by  a 
strict  adherence  to  the  letter  of  Constitution,  which  has  guaranteed  to 
us  certain  rights  with  which  we  will  suffer  no  power  on  earth  to  in- 
terfere— that  it  is  deeply  incumbent  on  the  people  of  the  north  to 
crush  the  traitorous  designs  of  the  abolitionists,  and  that  we  look  with 
confidence  to  such  movements  on  their  part  as  will  effectually  put  an 
end  to  impertinent,  fanatical  and  disloyal  interference  with  matters 
settled  by  the  Constitution. 

4.  Resolved,  That  we  hail  the  sentiments  expressed  by  the  reso- 
lutions of  some  of  the  recent  meetings  of  the  north,  upon  the  subject 
of  abolition,  as  the  evidence  of  the  existence  of  a  right  spirit  among 
the  great  mass  of  our  northern  brethren,  and  a  determination  on  their 
part  to  discharge  the  duties  imposed  upon  them  by  the  Constitution  of 
their  country,  and  the  exigencies  of  the  times. 


1836.  SENATE— No.  56.  47 

5.  Resolved,  That  the  District  of  Columbia,  and  the  several  ter- 
ritories of  the  United  States,  are  the  common  property  of  the  people 
of  these  states — that  the  right  of  exclusive  legislation  in  the  former, 
and  the  power  to  make  all  needful  rules  and  regulations  for  the  gov- 
ernment of  the  latter,  which  are  vested  in  the  Congress  of  the  United 
States,  are  derived  from  the  Constitution,  which  recognizes  and 
guarantees  the  rights  resulting  from  domestic  slavery,  and  that  any 
interference  by  that  body  with  those  rights,  will  be  unauthorized  by, 
and  contrary  to  the  spirit  of  that  sacred  charter  of  American  liberty. 

6.  Resolved,  That  copies  of  the  foregoing  Preamble  and  Resolu- 
tions be  transmitted  by  his  Excellency  to  the  President  of  the  United 
States,  the  Governors  of  the  respective  states,  and  to  the  Senators 
and  Representatives  of  this  state  in  Congress. 

Read  and  unanimously  agreed  to. 

JOSEPH  DAY, 

Speaker  of  the  House  of  Representatives. 

Attest.  JOSEPH  STURGIS,   Clerk. 

In  Senate,  read  and  concurred  in,  22d  Dec,  1835. 

ROBERT  M.  ECHOLS, 

President  of  the  Senate. 

Attest.  ARTHUR  A.  MORGAN,  Secretary. 

Approved,  22d  Dec,  1835. 

WILLIAM  SCHLEY,  Governor. 


MEMORIAL   AND   RESOLUTIONS 


ALABAMA 


eommonUiealtti  nf  M^ti^^tW^tttu. 


To  the  Senate  and  House  of  Representatives. 

I  transmit  to  the  two  houses,  copies  of  a  letter  recently  received 
from  his  Excellency  the  Governor  of  Alabama,  together  with  copies 
of  an  address  and  resolutions,  adopted  by  both  branches  of  the  gen- 
eral assembly  of  that  state,  at  their  late  session.  These  documents 
relate  to  a  subject,  to  which  the  attention  of  the  general  court  has 
already  been  respectfully  invited.  They  are  accordingly  submitted 
to  the  two  houses  without  comment,  and  in  the  assurance  that,  to- 
gether with  the  papers  of  a  similar  character  already  communicated, 
they  will  receive  such  consideration,  as  may  be  due  to  the  importance 
of  their  subject-matter,  and  to  the  source  from  which  they  emanate. 


EDWARD  EVERETT. 


Council  Chamber,      ) 
15th  February,  1836.  \ 


House  of  Representatives,  Feb.  15,  1836. 

Referred  to  the  Committee  on  so  muchof  the  Governor's  Address 
as  relates  to  the  abolition  of  slavery,  with  instructions  to  consider  the 
expediency  of  causing  the  same  to  be  printed. 


Sent  up  for  concurrence. 


Concurred. 


L.  S.  GUSHING,  ClerL 
In  Senate,  Feb.  15,  1836. 

CHAS.  CALHOUN,  Clerk. 


(COPY.) 


Executive  Department,  Alabama,  / 
Tuskaloosa,  Jan.  22d,  1836.  \ 

Sir, — In  obedience  to  the  instructions  of  both  branches  of  the 
general  assembly  of  this  state,  I  have  the  honor  to  transmit  the 
enclosed  copy  of  an  address  and  resolutions,  adopted  at  their  late 
session,  with  a  request  that  you  will  lay  them  before  the  legislature  of 
your  state, 

I  have  the  honor  to  be, 

Veiy  respectfully. 

Your  obdt.  servt. 

C.  C.  CLAY. 

His  Excellency  the  Governor  of  Massachusetts. 


*fl  Memorial  of  the    General  Assembly  of  the  State  of  Alabama,  to 
the  General  Assemblies  of  the  several  States  of  the  Union. 

Your  memorialists  approach  your  honorable  bodies  with  that  confi- 
dence and  good  will  which  should  characterize  sisters  of  the  same 
family.  The  hostility,  which  a  small  portion  of  your  population  have 
shown  to  the  happiness  and  safety  of  our  country,  is  not  believed  to 
have  emanated  from  any  settled  intention  of  your  citizeiis  to  do  us  an 
injury.  The  dark,  deep  and  malignant  design  of  the  abolitionists' 
who  are  settled  amongst  you,  in  sending  to  our  country  their  agents 
and  incendiary  pamphlets  and  publications,  hghting  up  fires  of  discord 


Mar.  1836.  SENATE— No.  56.  63 

in  the  bosoms  of  our  slave  population,  have  never  for  a  moment 
alienated  our  affections  from  the  great  mass  of  your  citizens,  and  we 
have  believed,  and  still  believe,  that  when  you  were  fully  apprised  of 
the  evils  which  this  unholy  band  of  cowardly  assassins  are  bringing 
upon  us,  that  you  would  extend  your  hands  to  avert  the  calamities 
which  must  otherwise  fall  upon  our  citizens.  We  were  born  in  a 
land  of  domestic  slavery — like  our  liberties,  it  descended  from  our 
fathers  ;  we  were  innocent  of  its  introduction,  and  if  it  have  evils, 
they  are  our  own,  which  time  and  the  wisdom  of  experience  must 
avert,  and  we  utterly  deny  the  right  of  the  citizens  of  any  other  state 
to  claim  an  interference  ;  the  harmony  of  the  states,  and  the  durabil 
ity  of  the  Union,  forbid  any  intermeddling  upon  the  subject.  Slavery 
in  the  United  States  is  local  and  sectional  ;  it  is  confined  to  the 
southern  and  middle  states.  If  it  be  an  evil,  it  is  their  business  to 
say  so,  and  remove  it. 

Slavery  existed  in  other  states,  and  they  put  an  end  to  it  in  their 
own  way,  without  the  disasters  likely  to  be  visited  upon  us,  by  ma- 
lignant and  heartless  societies  residing  in  other  states.  The  aboli- 
tionists are  not  numerous,  but  they  are  wealthy,  ardent  and  talented  ; 
they  have  presses  in  the  various  parts  of  the  Union,  from  which  they 
issue  millions  of  essays,  pamphlets  and  pictures,  and  scatter  them 
amongst  our  slave  population,  calculated  to  urge  them  to  deluge  our 
country  in  blood.      This  cannot  be  tolerated. 

1st.  Be  it  therefore  resolved.,  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama.,  in  General  Assembly  convened., 
That  it  is  the  decided  sense  of  this  general  assembly,  that  we  call 
upon  our  sister  states,  and  respectfully  request  them  to  enact  such 
penal  laws,  as  will  finally  put  an  end  to  the  malignant  deeds  of  the 
abolitionists,  calculated  to  destroy  our  peace,  and  sever  this  Union. 

2d.  Resolved,  That  we  should  consider  the  abolition  of  slavery 
in  the  district  of  Columbia,  unless  by  the  desire  of  its  own  citizens, 
as  a  violation  of  the  rights  of  that  district,  derived  from  the  implied 
condition  on  which  that  territory  was  ceded  to  the  general  govern- 
ment, and  as  the  commencement  of  a  scene  of  usurpation  and  flagrant 
injustice. 

3d.  Resolved,  That  the  executive  of  the  state  of  Alabama  com- 
municate a  copy  of  this  memorial  to  the  governor  of  each  of  the 


54    MEMORIAL  AND  RESOLUTIONS.   Mar.  1836. 

states  of  the  Union,  with  a  request  that  it  may  be  laid  before  their 
next  legislatures,  and  also  that  a  copy  be  sent  to  each  of  our  senators 
and  representatives  in  Congress. 

J.  W.  M.  CLUNG, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  B.  MOORE, 

President  of  the  Senate. 


Approved,  January  7,  1836. 


C.  C.  CLAY. 


A  true  copy  from  the  rolls. 

E.  A.  WEBSTER,  Secretary  of  State. 


RESOLUTIONS 


OF 


VIRGINIA. 


€Bmmo%%\ntiiltfi  of  M^^^Mt^xmtttu. 


To  the  Senate  and  House  of  Representatives, 

I  have  recently  received  a  letter  from  his  Excellency  the  Gov- 
ernor of  Virginia,  accompanied  with  a  copy  of  resolutions  of  both 
houses  of  the  Legislature  of  that  state,  on  the  subject  of  slavery. 

Agreeably  to  the  request  contained  in  the  letter  of  Governor 
Tazewell,  copies  of  the  aforesaid  resolutions  are  herewith  communi- 
cated, and  respectfully  submitted  to  the  consideration  of  the  two 
houses. 

EDWARD  EVERETT. 

Council  Chamber,  2d  March,  1836. 


In  Senate,  March  2,  1S36. 

Referred  to  the  Joint  Committee  on  the  subject  of  the  Abolition 
of  Slavery. 

Sent  down  for  concurrence. 

CHAS.  CALHOUN,  Clerk. 


House  of  Representatives,  March  3,  1836. 

Concurred. 

L,  S.  GUSHING,   Clerk. 


Executive  Department, 
Richmond,  Virginia,  February  18,  1836. 


Sir, 


In  compliance  with  a  request  of  the  General  Assembly  of  Vir- 
ginia, I  have  the  honor  to  forward  you  herewith,  a  copy  of  certain 
resolutions  adopted  by  both  the  houses  composing  that  body,  on  the 
16th  instant,  to  which  I  beg  leave  to  add  my  request  that  you  will 
submit  the  same  to  the  Legislature  of  your  state. 

I  am,  very  repeclfuUy, 

Your  most  obedient  servant, 

LITT'N  W.  TAZEWELL. 

To  His  Excellency  the  Governor  of  Massachusetts. 


1.  Resolved,  That  this  Commonwealth  only,  has  the  right  to 
control  or  interfere  with  the  subject  of  domestic  slavery  within  its 
limits,  and  that  this  right  will  be  maintained  at  all  hazards. 

2.  Resolved,  That  the  state  of  Virginia  has  a  right  to  claim 
prompt  and  efficient  legislation  by  her  co-states  to  restrain  as  far  as 
may  be,  and  to  punish,  those  of  their  citizens,  who,  in  defiance  of 
the  obligations  of  social  duty  and  those  of  the  Constitution,  assail  her 
safety  and  tranquility,  by  forming  associations  for  the  abolition  of 
slavery,  or  printing,  publishing,  or  circulating  through  the  mail  or 
otherwise,  seditious  and  incendiary  publications,  designed,  calculated, 
or  having  a  tendency  to  operate  on  her  population,  and  that  this  right, 
founded  as  it  is  on  the  principles  of  international  law,  is  peculiarly 
fortified  by  a  just  consideration  of  the  intimate  and  sacred  relations 
that  exist  between  the  states  of  this  Union. 


Mar.  1836  SENATE— No.  56.  39 

3.  Resolved,  That  the  non-slave-holding  states  of  the  Union  are 
respectfully,  but  earnestly  lequested,  promptly  to  adopt  penal  enact- 
naents,  or  such  other  measures  as  will  effectually  suppress  all  associ- 
ations within  their  respective  limits,  purporting  to  be,  or  having  the 
character  of,  abolition  societies  ;  and  that  they  will  make  it  highly 
penal  to  print,  publish,  or  distribute,  newspapers,  pamphlets,  or  other 
publications,  calculated  or  having  a  tendency  to  excite  the  slaves  of 
the  southern  states  to  insurrection  and  revolt. 

4.  Resolved,  That  we  have  seen  with  satisfaction,  those  expres- 
sions of  public  opinion  of  our  northern  brethren,  favorable  to  the 
rights  of  the  southern  states,  and  in  condemnation  of  the  conduct  and 
motives  of  the  abolitionists  among  them  ;  and  that,  confiding  in  their 
justice  and  attachment  to  the  principles  of  the  Union,  enforced  by 
the  sympathies  of  common  dangers,  sufferings  and  triumphs,  which 
ought  to  bind  us  together  in  fraternal  concord,  we  are  warranted  in 
the  expectation,  that  the  foregoing  request  will  be  received  and  com- 
plied with  in  the  spirit  in  which  it  is  made. 

5.  Resolved,  That  Congress  has  no  constitutional  power  to  abol- 
ish slavery  in  the  district  of  Columbia,  or  in  the  territories  of  the 
United  States. 

6.  Resolved,  That  this  General  Assembly  would  regard  any  Act 
of  Congress  having  for  its  object  the  abolition  of  slavery  in  the  Dis- 
trict of  Columbia,  or  the  territories  of  the  United  States,  as  afford- 
ing just  cause  of  alarm  to  the  slave-holding  states,  and  bringing  the 
Union  into  imminent  peril. 

7.  Resolved,  That  it  is  highly  expedient  for  the  slave-holding  states 
to  enact  such  laws  and  regulations  as  may  be  necessary  to  suppress 
and  prevent  the  circulation  of  any  incendiary  publication  within  their 
respective  limits. 

8.  Resolved,  That  the  Governor  be,  and  he  is  hereby  requested 
to  forward  a  copy  of  these  Resolutions  to  each  of  our  Senators  and 
Representatives  in  Congress,  and  to  the  Executive  of  each  of  the 
states  of  the  Union,  with  a  request  that  the  same  may  be  submitted 
to  their  respective  Legislatures. 

Agreed  to  by  both  Houses  of  the  Legislature  of  Virginia.  Feb- 
ruary 16,  1836. 

GEORGE  W.  MUNFORD,  C.  H.  D.