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Page 58
I.
And now for THE TRUE RELATIONS OF THE NATIONAL GOVERNMENT TO SLAVERY.
These are readily apparent, if we do not neglect well-established
principles.
If slavery be national, if there be any power in the National Government
to withhold this institution,--as in the recent Slave Act,--it must
be by virtue of the Constitution. Nor can it be by mere inference,
implication, or conjecture. According to the uniform admission of courts
and jurists in Europe, again and again promulgated in our country,
slavery can be derived only from clear and special recognition. "The
state of Slavery," said Lord Mansfield, pronouncing judgment in the
great case of Sommersett, "is of such a nature that it is incapable
of being introduced on any reasons, moral or political, but only by
positive law.... _It is so odious, that nothing can be suffered to
support it but positive law_."
* * * * *
Of course every power to uphold slavery must have an origin as distinct
as that of Slavery itself. Every presumption must be as strong against
such a power as against slavery. A power so peculiar and offensive,
so hostile to reason, so repugnant to the law of Nature and the inborn
rights of man,--which despoils its victim of the fruits of labor,--which
substitutes concubinage for marriage,--which abrogates the relation of
parent and child,--which, by denial of education, abases the intellect,
prevents a true knowledge of God, and murders the very soul,--which,
amidst a plausible physical comfort, degrades man, created in the
divine image, to the state of a beast,--such a power, so eminent, so
transcendent, so tyrannical, so unjust, can find no place in any system
of government, unless by virtue of positive sanction. It can spring from
no doubtful phrase. It must be declared by unambiguous words, incapable
of a double sense.
* * * * *
Sir, such, briefly, are the rules of interpretation, which, as applied
to the Constitution, fill it with the breath of freedom,--
"Driving far off each thing of sin and guilt."
To the history and prevailing sentiments of the times we may turn for
further assurance. In the spirit of freedom the Constitution was formed.
In this spirit our fathers always spoke and acted. In this spirit the
National Government was first organized under Washington. And here I
recall a scene, in itself a touch-stone of the period, and an example
for us, upon which we may look with pure national pride, while we learn
anew the relations of the National Government to Slavery.
The Revolution was accomplished. The feeble Government of the
Confederation passed away. The Constitution, slowly matured in a
National Convention, discussed before the people, defended by masterly
pens, was adopted. The Thirteen States stood forth a Nation, where was
unity without consolidation, and diversity without discord. The hopes of
all were anxiously hanging upon the new order of things and the mighty
procession of events. With signal unanimity Washington was chosen
President. Leaving his home at Mount Vernon, he repaired to New
York,--where the first Congress had commenced its session,--to assume
his place as Chief of the Republic. On the 30th of April, 1789, the
organization of the Government was completed by his inauguration.
Entering the Senate Chamber, where the two Houses were assembled, he was
informed that they awaited his readiness to receive the oath of office.
Without delay, attended by the Senators and Representatives, with
friends and men of mark gathered about him, he moved to the balcony in
front of the edifice. A countless multitude, thronging the open ways,
and eagerly watching this great espousal,
"With reverence look on his majestic face,
Proud to be less, but of his godlike race."
The oath was administered by the Chancellor of New York. At such time,
and in such presence, beneath the unveiled heavens, Washington first
took this vow upon his lips: "I do solemnly swear that I will faithfully
execute the office of President of the United States, and will, to the
best of my ability, preserve, protect, and defend the Constitution of
the United States."
Over the President, on this new occasion, floated the national flag,
with its stripes of red and white, its stars on a field of blue. As
his patriot eye rested upon the glowing ensign, what currents must have
rushed swiftly through his soul. In the early days of the Revolution, in
those darkest hours about Boston, after the Battle of Bunker Hill, and
before the Declaration of Independence, the thirteen stripes had been
first unfurled by him, as the emblem of Union among the Colonies for
the sake of Freedom. By him, at that time, they had been named the Union
Flag. Trial, struggle, and war were now ended, and the Union, which they
first heralded, was unalterably established. To every beholder these
memories, must have been full of pride and consolation. But, looking
back upon the scene, there is one circumstance which, more than all its
other associations, fills the soul,--more even than the suggestions of
Union, which I prize so much. AT THIS MOMENT, WHEN WASHINGTON TOOK
HIS FIRST OATH TO SUPPORT THE CONSTITUTION OF THE UNITED STATES, THE
NATIONAL ENSIGN, NOWHERE WITHIN THE NATIONAL TERRITORY, COVERED A SINGLE
SLAVE. Then, indeed, was Slavery Sectional, and Freedom National.
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