History of the Rebellion: its authors and causes

Front matter

HISTORY OP THE REBELLION: ITS AUTHORS AND CAUSES. BY JOSHUA R. GIDDINGS. NEW YORK : FOLLETT, FOSTER &- CO. 1864. Entered according to Act of Congress, in the year 1864, FOLLETT, FOSTER & CO.. In the Clerk's Office of the United States District, Court for the Southern District of New-York J. J. Reed, Printer & Stereottper, 43 Centre Street, N. Y TO THE PEOPLE OF THE UNITED STATES, I FOR WHOSE RIGHTS AND INTERESTS THB AUTHOR SO LONG LABORED, THIS WORK IS RESPECTFULLY DEDICATED, JOSHUA R. GIDDINGS.

ADVERTISEMENT.

. By noting the time when any particular incident is said to have occurred, and then referring to the corresponding date in the "Journals of Congress," "The American Archives," " American State Papers," " Annals of Congress," " Debates in Congress," or " Congressional Globe," the reader wiU find official authority on -which the statement is made. In all other cases the authority is particularly cited.

Preface

. The present Rebellion is the first in the annals of mankind, where a people have risen in arms against liberty for the purpose of establishing a despotism. "With its remote and proximate causes the people should be familiar ; its authors and abettors should be known to the present and coining generations. In the long struggle which preceded actual secession, the writer participated. It was his fortune to enunciate the policy of separating the people of the free States and the federal power from the support of slavery, leaving that institution entirely with the States, where it had been left by the patriots who framed the charter of our Union. Messrs. Adams, Slade, and Gates, then members of Congress, sustained the policy ; ©thers subsequently united with us ; we were opposed not by reason, or argument, or justice, but by personal detraction, misrepresentation, insult, threats of violence, and denunciation.

The contest was earnest and protracted. For more than twenty years the author mingled in scenes of unusual interest. The adoption and repeal of the gag-rules ; the trial of the Hon. John Quincy Adams ; the censure of the author by the House of Representatives, and its reversal by the people ; the annex ation of Texas; the memorable defeat of the slave power in its efforts to establish slavery in California ; the undisguised corruption exerted to tax the people of the free States for the payment of the debts of Texas ; the civil war for extending Til

PREFACE.

. slavery into Kansas ; the defeat of the Executive designs by the people, and the founding of free institutions in that territory, constitute some of the incidents in which the author par ticipated. Defeated in their designs of transforming the Government into a slaveholding oligarchy, most of the slave States rebelled against the Government which had protected them, defied its authority, and declared their intention to establish an indepen dent power, devoted to a perpetual war upon human nature. Few who mingled in these early conflicts now remain. Most of them have passed to their reward ; and the author, as he lingers upon the verge of time, presents this volume to the people of the United States, as an humble memoir of the political scenes in which he participated, while it points out the causes and authors of the Rebellion. Jefferson, Ohio, August 30, 1863. THE REBELLION: ITS CAUSES AND ITS AUTHORS.

Chapter I. The Formation And Character Of The Government

— ITS EARLY ACTION ON THE SUBJECT OF SLAVERY. The Continental Congress of 1774 united in a solemn assertion that " the inhabitants of these Colonies, by the immutable laws of nature, by the British Constitution and their several charters, have the right to life, liberty and property." This avowal constituted the first step in the formation of what we call the "American Union." The publicists of Europe and many leading minds of the Colonies' had turned their attention to the philosophy of human governments : many asserted the equal rights of all men to life, liberty and happiness. The doctrine was at that time much discussed in public speeches, in newspa per essays and pamphlets published for its promulgation. The Colonial governments had been formed at various periods prior to the general agitation of these doctrines.

Georgia was the only colony founded upon the basis of human liberty, from which her people, however, rectded after a few years of experience, adopting the despotic principle that governments possessed the same legitimate power to enslave men which they had to secure them in the enjoyment of liberty : and while the declaration of rights put forth by the Congress of 1774 was far in advance of the governments of Europe and those of the Colonies, it nevertheless fell short of those subsequently enunciated in the Declaration of Independeuce in 1776 : but for the purpose of maintaining those asserted in 1774, the Colonists .took up arms and gallantly defended their adopted faith at Lexington, Concord and Bunker Hill. DECLARATION OF PEINCIPLES. But being involved in civil war, they felt the propriety of more fully vindicating their course before the Christian world ; and Congress appointed a select committee of five members to draft a declaration of principles to constitute the basis of the new government.

This committee consisted of John Adams, of Massachusetts ; Roger Sherman, of Connecticut ; Benjamin Franklin, of Pennsylvania ; and Thomas Jefferson, of Virginia ; each of whom had already distinguished himself as an advocate of the new philosophy. Mr. Livingston, of New York, was also a member of the committee, and, though less distinguished on this subject, is supposed to have been as much devoted to the support of human rights as were his illustrious colleagues. In their report they proclaimed the self-evident truths, " that all men are created equal in their right to life, liberty, and the pursuit of happiness ; that governments are instituted to secure the enjoyment of these rights ; that whenever any form of government becomes destructive of these ends, it is the right and duty of the people to alter or abolish it, and reorganize its powers in such form as they may deem most likely to secure their interest and happiness."

This was the second avowal of rights put forth by the founders of our Government ; and differed from the first in announcing the prerogatives of life, liberty and happiness, as conferred on all men, in all ages, and in all climes. This declaration announced to the world that the Colonies had formed an indissoluble union for defending those doctrines : and was the consummation of the Union which had been commenced in 1774. But scarcely had the Colonies united upon these doctrines, when the subject of slavery came under discussion. Georgia called on Con gress to Jurnish troops to prevent slaves from escaping from the service of their masters. Many of the States legislated in regard to slaves who should be employed in the service of the United States, and some of them called on Congress to provide for the military employment of slaves ;* but the statesmen of that day carefully abstained from all legislation in favor of slavery, and wholly refused to recognize it as entitled to respectful consideration.

But the commissioners appointed to negotiate a treaty of peace with England, were not thus careful. Messrs. John Jay, John Adams, and Benjamin Franklin, were appointed for that purpose. They met the commissioners on the part of the British ministry, at Paris, and had nearly completed the negotiation, when Mr. Laurens, of South Carolina, who had been confined in England, being released by the British government, joined them, he having * Vide American Archives of 1776. THE CONFEDERATION. been also appointed a commissioner : at his suggestion the seventh article of the treaty was made to read as follows : " His Britannic Majesty shall with all convenient speed, and without causing any destruction, or carrying away any negroes, or other property of the. American inhabitants, withdraw all his armies, garrisons, and fleets from the United States."

There had been no instructions for the commissioners to make ,,„„ any stipulation in regard to slaves ; but as peace was important to the Colonies, the treaty was approved, notwithstanding this stipulation ; but neither the army nor fleet of Great Britain regarded this stipulation as of any validity whatever. When they left the United States they carried away many negroes claimed by the inhabitants, saying, in the language of the Declaration of Independence, " Governments are insti tuted to secure the enjoyment of liberty and not to protect slavery." And this seems to have been the idea of the British ministry, who refused compensation for the negroes thus deported, in violation of the letter of the treaty. The Government under the confederation, not only refused to act in favor of slavery, but its powers were actively put forth in favor of freedom.

Congress abolished the institution in all the territories of the United States, and sent forth an address to the people, in which they said : " Let it be remembered that it has ever been the pride and boast of America that the rights for which she contended were the rights of human nature, and if justice, good faith, honor, gratitude, and all the other qualities that ennoble the character of a nation and fulfill the ends of government be the fruits of our establishment, the cause of liberty will acquire a dignity and lustre which it has never enjoyed, and an example will be set which cannot but have the most favorable effect on the rights of mankind." The old confederation continued until 1789. During the thirteen years of its existence, the powers of Congress were exerted for the entire abo lition of slavery in the territory possessed by the United States ; and when the governmental authority passed over to the new organization under the Constitution, no human being was held in bondage under its laws or within its exclusive jurisdiction.

Indeed, during the existence of the confederation no member of Congress raised his voice in favor of "slavery ; or if he did, it would seem that no record of such opinions was preserved. In the convention which framed our Federal Constitution, at- [1T^ tempts were made to resist the progress of free principles. South Carolina and Georgia demanded security against the abolition of the CHARACTER OF THE CONSTITUTION. slave trade, but the difficulty was compromised upon the constitutional assurance that it should not be prohibited until a.d. 1808. The States most interested in slave labor also insisted on being repre sented in Congress according to their population, including slaves. This was violently opposed by members from those States which had com menced the work of emancipation, as it would give owners of slaves su perior influence in the Government over the advocates of liberty propor tioned to the number of slaves they should hold in bondage, and thus operate against the essential doctrines on which the Government was founded.

This point was also compromised, and the slaveholding States were allowed a representation according to the number of their free population, superadding thereto three-fifths of the whole number of their slaves ; thus giving to slaveholders an influence superior to that enjoyed by the advocates of liberty ; and the Constitution was thus made to operate to that extent in favor of oppression. But as an equivalent for this superior influence, the advocates of slavery agreed to contribute to the support of Government in case of direct taxation according to their representation in Congress. This consideration, however, proved merely nominal, as the Government has seldom had recourse to that method of raising revenue. But the effects of giving to the slave States superior representation over the free States proved injurious to the Government, as it created a feeling of arrogance and superiority among the slaveholders, and a corresponding sense of inferiority and dependence on the part of northern statesmen.

But none of the compromises operated further than to secure the States against any prohibition of the slave trade for twenty years, and the enjoyment of a superior representation in Congress. Under the articles of confederation, each of the several States had, in their sovereign capacity, admitted the citizens of other States resident with them to enjoy all the rights and privileges which its own citizens enjoyed. Each also surrendered up offenders fleeing from other States, to be taken back for trial where the crimes had been committed. And under an assumed comity, each also gave up the slaves who had escaped to them from other States. These acts were performed by State authority, with which the Federal power possessed no right to interfere. And in framing the Federal Constitution, the several States, in plain and ob vious language, stipulated that these practices should be continued, but gave no authority to Congress, or to the Federal Government to enforce these stipulations.

And although this was the obvious construction of the Constitution, yet from abundant caution the tenth article of the DEVOTION TO LIBERTY. Amendments was adopted, declaring " that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people." Thus was Con gress expressly prohibited from acting upon the subject contained in either ■of these clauses constituting the second section of the fourth article of the Constitution. But still further to secure the entire administration of the Federal power to the cause of freedom, the fifth amendment provided, "that no person shall be deprived" [by the United States] "of life, liberty or property without due process of law." A large majority of the Convention that framed the Constitution were evidently lovers of liberty, aud supposed they had secured the people against all future attempts to prostitute the influence or powers of the nation to the support of despotism in any form ; and General Washing ton, the first President of the United States, entered upon his official du ties as Chief Magistrate of a free government, committed entirely to the securing of life, liberty and happiness to the entire people living under its ex clusive jurisdiction.

No slave was captured or held under Federal laws. The northern States, acting in pursuance of the advice of the old Con gress, entered at once upon the work of emancipation ; and philanthro pists looked forward to the day as not far distant when the entire nation should be free from slavery. But the spirit of domination remained among the people of the slaveholding States. They had embraced the theory that black men were designed by the Creator to act as slaves to the white race. In carrying this theory into practice, three men from Virginia, named Fran cis McGuire, Baldwin Parsons and Absolem Wells, entered Washington county, Pennsylvania, and seized a free colored man named "John," carried him to Virginia, and sold him. The offenders were indicted, and Governor Mifflin, of Penn- _U88 sylvania, demanded them for trial.

But the Executive of Vir ginia ' refused to deliver them according to the stipulation of the Constitution. Indeed, the Governor of that State asserted that the act of enslaving free colored men constituted only a trespass as between the parties, and a breach of the peace between the offenders and the State ; and as it was no crime to enslave free men under Virginia laws, there was no sufficient cause for delivering up the men who com mitted the trespass or breach of the peace in Pennsylvania. This seizing and enslaving a free man of Pennsylvania, being tacitly justified by the authorities of Virginia, would have constituted good cause for war between sovereign States. But the Governor of Pennsylvania, anxious to preserve the Union so recently formed, forbore all retaliatory PETITION OF DE.

FRANKLIN. measures. Yet he transmitted an account of the whole matter to the President of the United States, who laid the same before Congress. It was, however, acknowledged by all that neither the President nor Con gress could act upon the subject, and the State of Pennsylvania submitted to the outrage against her laws and dignity without receiving from Vir ginia any reparation or apology.* The*ruflians who kidnapped and enslaved this free man, instead of being punished for the crime, were regarded as having set an example and established a precedent for other desperate men, who, without the fear of punishment, seized free men in both slave and free States, and sold them into bondage. 1T90, The Quakers of New York, New Jersey, Pennsylvania, Maryland and Virginia first petitioned Congress to pass laws prohibit ing the slave trade.

On the petition being presented in the House of Representatives, no member attempted any vindication of that traffic or of slavery. Those from South Carolina stigmatized the memorialists as " intermeddlers in matters outside their appropriate sphere of action." On the following day, however, a petition signed by the venerable Dr. Franklin, "President of the Society for Promoting the Abolition of Slavery, the Relief of Free Negroes held in Bondage, and Improvement of the African Race," was presented for the consideration of the House. This memorial, written and signed by that distinguished philosopher and statesman, who had served on the committee appointed to draft the De claration of Independence and in the convention that framed the Consti tution, set forth, "that mankind are all formed by the same Almighty Being, alike objects of His care, and equally designed for the enjoyment of happiness, the Christian religion teaches us to believe, and the POLITICAL CREED OF AMERICANS FULLY COINCIDES WITH THIS POSITION."

The petition closed with the assertion that "the blessings of liberty ought rightfully to be administered without distinction of color, to all people,""} and the memorialist earnestly prayed Congress "to step to the very verge of their powers for discouraging every species of traffic in the per sons of our fellow men." The memorial also set forth in its preamble the formation of the so ciety, which had been incorporated by the Legislature of Pennsylvania, and stated that, " by the blessing of Divine Providence, its efforts had * Tide American Archives of 1790. t These may be regarded as the dying words of that illustrious statesman. Ho departed k> his final rest a few weeks subsequently. PROTECTION OF FREE NEGROES. 15 been directed to the relief from bondage of many of their fellow creatures of the African race."

This public recognition of the primal rights of human nature; particularly the equality of those rights which God has conferred upon all the various members of the human family; and the assertion that " no distinc tion should be made on account of color," appeared well calculated to provoke denial by southern members. And but few circumstances of that day show more clearly the sentiment and feeling of the American people, than the tacit admission by southern statesmen of the truths uttered in this petition. No one denied that all men were formed by the same Almighty Being; that all were endowed by heaven itself with the right to Use, liberty and happiness; nor did any one deny the doctrine that colored men have a right to live, a right to liberty and happiness. Yet members from the slaveholding States assailed the memorialist; and charged him with hypocrisy.

They asserted that such memorials were calculated to stir up the slaves to insurrection, to light the flames of civil war; and intimated that the lives of certain members who maintained the doctrines of the memorial would be endangered, should they happen to be found within certain slave States.* The debate was continued at great length, but the memorial was referred to the appropriate committee by a vote of 43 to 14. The committee reported that Congress could not prohibit the slave trade until 1808, nor could it interfere with slavery in the States. They expressed a confidence that the several States would protect their free negroes ; asserted the right of Congress to levy a tax on the importa tion of slaves; to interdict their importation to other nations in American ships; to prohibit foreigners from fitting out slave ships in American ports; and pledged Congress to the exercise of its constitutional powers for promoting the humane objects of the memorialists.

On this report the debate was renewed with much warmth. The me morialists were again assailed and charged with interfering in business which did not concern them. The Quakers were charged generally with having acted as spies in the Revolution, and now making indirect attacks upon southern men. They also insisted that the reprobation of slavery and the slave trade by the committee imputed to southern men the black est of crimes; that the admission that slavery was a barbarous institu tion was a substantial admission that slaveholders were a barbarous peo ple. Dr. Franklin, at that time venerated both in Europe and America for his love of justice and his high moral character, was personally assailed * This Is supposed to be the first threat of personal violence uttered In Congress on account of an avowed love of liberty.

FEANKLLN DEFENDED. for having avowed the principles on which he had-assisted in founding our Government. 1790 . Northern members were more dispassionate, but appeared equally bold and determined. They disabused the memorialists of the charges made against them, vindicated their doctrines, and spoke with ab horrence of the crimes described in the memorial; but no further action was then had in regard to the matter. ACT RESPECTING FUGITIVE SLAVES. 17

Chapter II. The Powers Of The Government Prostituted To The Support And

ENCOUR- AGEMENT OF SLAVERY. The Federal Government continued for seventeen years to main tain the rights of all men under its exclusive jurisdiction, to enjoy life, liberty and happiness. Foreign nations looked with admiration upon this as the only political organization founded on the immutable prin ciples of equal justice and equal liberty to all members of the human family. But this recognition of the divine attributes as the basis of human gov ernment was in advance of the age. Nor were the American people pre pared to maintain the doctrines in the spirit which prompted their adop tion. The northern representatives, in framing the Constitution, had compromised their self-respect in yielding to the slave States permission to continue the slave trade, with its attendant crimes, for twenty years; and in surrendering to them a superior influence in the Government, according to the number of their slaves : and now Congress was called upon to involve the nation in the disgraceful work of legislating for the capture and return of fugitive bondmen.

As we have remarked, there was not merely no authority in the Constitutiun for Congress to act upon this subject; but that power was explicitly declared " to remain with the several States or with the people." Nor can we at this day state the reasons which prompted the intro duction of this subject: nor can we name the member of the Senate who brought it forward. At that time the deliberations and proceedings of that body were kept secret from the people. From the annals of Con gress we learn that on the 5th day of February, the House of Represen tatives proceeded to consider a bill from the Senate, entitled "An Act respecting fugitives from justice, and persons escaping from the service of their masters." We do not find that any debate was had upon it, but it passed the House of Representatives by a vote ot forty-eight to seven.* The bill provided that whenever a person owing service in one State should escape into another, the person to whom such service or labor may be dnei, his agent or attorney, might arrest and take him back to the • This waB the point at which the Government took Its departure from Hie letter aud spirit of tho Constitution and of the purposes and designs of those who framed it.

THE CONSTITUTION PROSTITUTED TO OPPEESSION. 18 State from which he had escaped. The bill further provided, that a fine of five hundred dollars might be assessed upon any person who should harbor or conceal the fugitive, or hinder, or obstruct his arrest, or rescue him after being arrested. The passage of this bill marks an important era in the administration of the American Government. Up to that period its legislative powers had been exerted to secure (to the extent of its jurisdiction) all persons in the enjoyment of liberty, according to the declared purpose of those who achieved our independence. By passing this bill, Congress assumed to act for the support of slavery, and against that liberty which the founders of the republic declared that God had conferred upon every human being, and of which the Constitution explicitly assured the world that no person should be deprived, except for crime.

But the powers ordained by the Constitution to support liberty were now prostituted by Congress to uphold and secure slavery: and it were in vain for us, at this day, to speculate upon the motives of those who enacted this law. So far as we are informed, there was no debate, and no man assigned any reason for his Vote. The record indicates its passage without any discussion, without attracting any particular attention ; and probably northern members who voted for it regarded the subject as of little importance, while slaveholders must have deemed it very desirable. But the precedent thus set was soon found to be important. The reader will recollect, that in our treaty of peace with Great Britain, His Majesty had agreed to withdraw his troops and fleets from the United States " without carrying away any negroes or other property of the in habitants;" that, regardless of this stipulation, the army and navy of England deported many slaves.

The several States from which they were carried could do nothing on the subject, and, although the clause was designed to uphold slavery, it had been inserted at the instance of Mr. Laurens, without instruction from the Executive, who appears to have felt little anxiety in regard to it. But as Congress had now acted for the support of that institution, the owners of deported slaves became clamorous for indemnity; and the President was importuned to obtain it from Great Britain. As Congress had assumed the duty of protecting and upholding slavery in the States, the President appears to have felt unwilling further to re fuse action in favor of the institution, although he had long been anxious to abolish it. With Europeans, precedents, in matters of legislation, were regarded as of binding force; and this practice naturally commended itself to the statesmen of our country, who did not at that time appear JAT'S TREATY. 19 to realize that a republican government could only be sustained by repu diating vicious precedents.

Fortunately, Judge Jay, of New York, was appointed minister [n94_ plenipotentiary to negotiate the " treaty of amity, commerce and navigation with Great Britain." He was instructed to demand of that government a compensation for the slaves deported after the signing of the treaty of peace in 1783. The demand was accordingly made; but the reply of Lord Grenville was satisfactory to our minister, who, in his report to our Government, pronounced the claim " odious" evidently feel ing that it was derogatory to the American Government to espouse the claims of men who professed to hold their fellow beings as property. The treaty was concluded without any reference to those claims; was approv ed by President Washington and his Cabinet, and was ratified by the Senate. But a minority of the Senate were dissatisfied with the Execu. „,.. * . [1795. tive for failing to obtain compensation for the owners of deported slaves; and Mr. Gun, of Georgia, presented to that body a preamble and resolution in the following language: " Whereas, it was claimed that many negroes and other property had been carried away by the British army, in contravention of the 7 th ar ticle of our treaty with Great Britain of 1783; therefore resolved, that the President be required to renew negotiations on that subject, and if unable to obtain indemnity under the treaty, that he may urge its allow ance as a matter tending to cherish the desired friendship between the two governments."

This bold proposition for placing the Federal Government in the attitude of exerting its moral influence before the civilized world in favor of treating men as property, was maintained with zeal and ability and was debated at length, and was rejected by a majority of one vote* While these efforts were being put forth to commit the Federal Gov ernment more fully to the support of this system of oppression, the Quak ers of the free States, and of Delaware, Maryland, Virginia and North Carolina, remained true to that holy influence in favor of justice and liberty, which constitutes an essential element of their religion. They continued annually to petition Congress for the abolition of the slave trade, for the protection of free negroes, and to prohibit the building of slave ships in American ports by the people of other nations.

And a law was passed prohibiting the exportation of slaves from the United • Mr. Hunter, of Virginia, attempted to renew this claim in the Senate of the United States sii^y years subsequently. FRAUDULENT TEEATTES. States to other nations, and forbidding the people of other governments from fitting out slave ships in the ports of the United States. But one of the most insidious methods of involving the people of the free States in the support of slavery, was that by which the Federal Government stipulated with southern Indian tribes for the arrest and return of fugitive slaves. Early as 1705, slaves in South Carolina left their masters and fled to the Creek Indians, where they were received with hospitality. They at length found their way to Florida and settled upon the A;>palaehicola River.

They obtained lands of the Spanish crown, and as early as 1735 were enrolled as a part of the military defence of that territory. Other slaves fled from Georgia, and found an asylum with the Creek Indians. In the years 1785, '86, and '87, the State of Georgia, in direct violation of the Articles of Confederation, made three several treaties with the Creeks for the purchase of lands and return of fugitive slaves. These treaties were declared to be fraudulent and void by the Indians, and at the adoption of the Constitution that State was engaged in war in con sequence of these fraudulent treaties, signed by chiefs and warriors who had no other than a fabulous existence.* Soon as the Constitution was framed, the State of Georgia hastened to adopt it, and at once called on the National Executive to protect her people against the hostile Indians.