America, its realities and resources; comprising important details connected with the present ... state of the country; its laws and customs, together with a review of the policy of the United States, the Texas and Oregon Questions, etc

Front matter

AMERICA, ITS REALITIES AND RESOURCES: COMPRISING IMPORTANT DETAILS CONNECTED WITH THE PRESENT SOCIAL, POLITICAL, AGRICULTURAL, COMMERCIAL, AND FINANCIAL STATE OF THE COUNTRY, ITS LAWS AND CUSTOMS, TOGETHER WITH A REVIEW OF THE POLICY OF THE UNITED STATES THAT LED TO THE WAR OF 1812, AND PEACE OF 1814— THE " RIGHT OF SEARCH,'' THE TEXAS AND OREGON QUESTIONS, etc. etc. BY FRANCIS WYSE, ESQ. " Amicus Plato, amicus Socrates, sed magis arnica veritas." VOL. II. LONDON : T. C. NEWBY, 72, MORTIMER STREET, CAVENDISH SQUARE. 1846. AMERICA.

Chapter I

Slavery in the United States — its continuance in direct violation of the principles of the United States Constitution — Supported by the Federal Government — The internal Slave trade of America — The breeding and rearing of Slaves for exportation — The power of the United States to abolish Slavery within the district of Columbia — Action of the United States Congress in relation thereto — The abrogation of the right of petition as to slavery — Disgraceful exhibition in the House of Representatives — Threat of a dissolution of the Union — Effort of America to enforce a new principle of international law, as to Slaves and slave property — Case of the Brig Enterprise — also the Creole — Outrage on the Charleston Post-office — Subsequent disgraceful proceedings of the United States Government —The enquiry of who, or what is the Government of the United States.

" The Americans, in their conduct towards their slaves, are traitors to the cause of human liberty, foul detractors of the democratic principle, and blasphemers of the great and sacred name they pretend to recognise." — O'Connell. The Slave trade of America, that most prolific source of unmitigated evil, and just cause of national reproach, has within the few last years VOL. II. A AMERICAN SLAVE TRADE. and since the mind of man has become more liberal and enlightened, but more especially, since the passing of the act of the British legislature in relation to the slaves of her West India and other colonies, become a subject of fearful import to the United States ; where, to the national disgrace, this inhuman traffic is still carried on, under the direct sanction of the Federal Government — in contra vention of the declared principles on which it is based, and in direct violation of the asserted truths, put forth in their memorable declaration of national independence.

By this solemn ordinance, the American people have proclaimed, that " All men are created equal, endowed by their Creator with certain inalienable rights, that among these are life, liberty, and the pursuit of happiness." It is from the spirit and context of this far-famed document — this eloquent asserter of the rights of man, that foreigners are generally apt to form their opinions of the new world, and the extent of liberty secured to its population. But this is a fallacious — an erring standard, one by which the United States should never be judged ; for, notwithstanding the loud and ostentatious boast of these modern sticklers for universal freedom — notwithstanding the fulsome and sickly declamation in which the nation has indulged to its full repletion, we nevertheless find, nearly one-sixth of the entire population, or about 2,700,000 fellow beings in a state of the most servile and abject slavery — the bondsmen of a severe SLAVERY IN THE UNITED STATES. and merciless set of task-masters, who claim a legal and prescriptive right in the flesh and sinew of their fellow man, and under the sanction of the very instrument that has bound each State in solemn compact with the other, and forms the basis of the Constitution they so much delight to reverence.

This dark spot on the national escutcheon is kept as much as possible out of view of every stranger. It is seldom permitted to form a subject of public discus sion, or of social or private conversation ; all allusion to it heretofore, being strictly prohibited, by the general assent and influence, it is true, of public opinion in the north, which is tolerably well concentrated on this point, and by more positive legal enactment in the south. The man, who, under the impulse of a kindly nature, possessing more of philanthropy and Christian benevolence, than, perhaps, of discretion or worldly prudence, in his composition, ventures to raise his voice in any mixed society or assemblage of his fellow citizens, in decrying this staple and inhuman traffic, is at once denounced — charged as an incendiary and an enemy to the public weal, and at war with the best interests of the Republic.

Americans sometimes endeavour to remove from their immediate responsibility the odium of abetting slavery, and continuing this degrading practice in the heart and centre of their country, from the fact, of its having been first and early introduced amongst them, whilst a colony of Great Britain ; and point out to an act of the Federal Government, so far back as the year 1787, prohibiting slavery in the VOL. II. B SLAVERY IN THE UNITED STATES. immense territory north-west of the Ohio, where the extensive states of Ohio, Indiana, and Illinois, have since sprung up, as evidencing a desire to check the practice in its incipient and early growth amongst them ; as far, at least, as the legislative power of doing so, could accomplish this end. They point out as their excuse, the "many difficulties with which the measure is beset — the inviolability with which the original compact, made between the several States of the Confederacy should be preserved, reserving to each separate intersection the sole control and arbitrament of this important question, within its immediate limit.

But they take especial care while doing so, to hide or pass by the fact, that it is now some sixty odd years, since the nation has been freed from the control of English legislation, and left to its own guidance in all such matters — that it is only about thirty years, since that the African Slave trade was carried on from the Atlantic ports of the Republic, and that so late as the year 1807, no less than fifty-nine vessels, engaged in this brutalizing traffic, were alone sent out from the little state of Rhode Island ; at that time scarcely numbering a population of 70,000 inhabitants : — as well the equally important truth, that in the district of Columbia, under the tutelage and sole controlling power of the General Government of the country, where no compact can possibly restrain or influence its measures, this iniquitous system is not only carried on — preserved in all its most abhorrent features, and in its original freshness and deformity, but that Washington, the CENTRE MART AT WASHINGTON. seat of the Executive Government of the country, is, in fact, the centre-mart of this legalised trade in human flesh, carried on under the very walls of the Capitol, and within the positive view and hearing of the sage legislators of this model Republic, who, notwithstanding, are increasing in their plaudits, and dose you, ad nauseam, with the same eternal theme of the matchless beauty and excellence of their free institutions.

" How very frequently have the Members of this House," declares the Hon. Mr. Geddings, Member of Congress for Ohio, in his speech in the Hall of Representatives, February 13th, 1839, " been compelled to turn aside from the path leading to the Capitol, to permit a coffle of slaves, male and female, chained to each other by their necks, to pass on their way to this national slave market." Yet such is the melancholy and uncontroverted truth, while scarcely a week intervenes without a considerable number of these unfortunate beings being dragged from their early homes, and shipped, either from this port (Washington), or the port of Alexandria, in the vicinity, for some one of the southern states ; where they are consigned to unremitting labour and an early and premature grave. It is told by Dr. Torry, in his published account of the American Slave trade (page 64), and on the authority of a Member of the House of Representatives (Mr. Aldgate), that during a late session of Congress, as several members were standing in the street near the Capitol, a drove of manacled coloured people were passing by, and b SUPPORTED BY THE when just opposite, one of them, elevating his manacles as high as he could reach, commenced singing the favourite national song — " Hail Colum bia, Happy land!" — What a commentary does this incident carry with it— what a rebuke from this wretched slave to an entire people ; affecting an overweening love of freedom, while steeped in the iniquity of manifold guilt, that in its duplicity and wickedness, vainly essays a parallel with any modern civilised nation of the world.

It is contended that the powers of the Federal Government, being merely secondary instead of original, and possessing an authority only, such as was delegated to it by the several states, under the Articles of Confederation of 1788, and Amended Constitution of 1789, to which it is strictly confined, it is of itself unable to control, or abolish slavery within the general limit of the Republic : — that its hands are tied — its power altogether circumscribed in this respect. It is very true that slavery was not mentioned in the wording of the original Constitution, in which there was no provision made for its continuance, any more than for its suppression at a future day. The central Government, on this account, has found many apologists for its supineness, and excuses are readily offered for its assumed apathetic indifference — its quiescence on this subject.

But it should be judged, not alone by these parchment records, arranged and put together at a time, when the working of this new system of government — its FEDERAL GOVERNMENT. capabilities to secure a nation's prosperity and well being, was at least problematical, but also, by the means so long within its reach, and at this moment within its control — the power actually within its grasp, to put an end to a domestic slave trade, now the worst feature in the dark catalogue of ills, with which this question is made up — carried on within the confines of its own immediate territory— on its own soil, and from where many thousand unfortu nate fellow creatures are annually consigned to a miserable — a wretched — though short-lived exis tence. It should be judged for the evils of this system, of which, by its neglect, it is the parent ; and to a considerable extent made chargeable with its continuance within the southern states, in the direct sanction which it gives by its sustainment of the principle, within the limit of its own immediate jurisdiction — in the District of Columbia under its exclusive legal control — where slavery is still encouraged, and from where, an average of six thousand human beings are annually exported for sale, to the southern markets.

That the United States Congress possesses no inherent, or delegated constitutional authority, to suppress domestic slavery — to decree the immediate or prospective manumission of 2,700,000 of the slave population of these states, is at once con ceded to the veriest admirer of their peculiar form of government : — at the same time that Congress, in point of fact, possesses ample powers to put an end, by a perfectly constitutional interference INTERNAL SLAVE TRADE upon its part, and a proper exercise of its authority, to the internal slave trade, as carried on between the several slave states of the Union, and to finally extirpate this traffic from amongst its citizens : — for though such interference is not directly ceded as within its immediate and positive authority, a right is nevertheless reserved to the General Govern ment, and under the same federal compact of an undisputed control in regulating the trade and commerce, not only then subsisting, and thereafter to arise, between the Republic and foreign states, but also, between each and every state of the Con federacy.

That the breeding and rearing of slaves, as it is termed, for sale, and further export to other states within the Union, is one of internal trade, almost the sole acknowledged means — the wealth of many of the slave-holding states, no American will, at the present day, pretend to deny : — the staple of Mary land and Virginia, particularly the latter, from where 10,000 slaves are annually exported to the states of Georgia, South Carolina, Louisiana, and other slave districts of the south. Sufficient evidence has already been published, and is now before the world in attestation of this fact. The Honorable Thomas M. Randolph, late Governor of Virginia, in his speech before the legislature in 1832, declared the number annually sold to southern dealers, at between eight to nine thousand. "The exportation," observed this distinguished functionary, " has averaged 8,500 for the last twenty years.

Forty OF THE UNITED STATES. years ago the whites exceeded the coloured popu lation 2,500, the coloured now exceed the whites 81,000, and these results too, during an exportation of near 26,000 slaves, since the year 1790; now, perhaps, the fruitful progenitors of half a million in other states. It is a practice, and an increasing practice in Virginia, to raise slaves for market. How can an honourable mind, a patriot and lover of his country, bear to see this ancient dominion converted into one grand menagerie, where men are to be reared for market, like oxen for the shambles." It is, we earnestly believe, within the province of the General Government to put an end to this state of things — to cut short this nefarious system, by a proper and firm exercise of the power with which it is invested under the Constitution.

Such, also, we are bound to say, is the declared opinion of some of the most eminent American jurists on the subject, while very little doubt, we apprehend, can arise as to its correctness. If, by any tortuous reasoning, the authoritative power of the Federal Government in this respect could be called in question, no possible apprehension can exist as to its indefeasible right, to abolish slavery within the district of Columbia, should it think proper to do so ; and by this act of simple justice, to remove the foul and cancerous sore that has so long defaced the fairest page of American history. It is declared in the eighth section of the first POWER TO ABOLISH SLAVERY IN Article of the United States' Constitution, in relation to this subject, that : — " Congress shall have power to exercise exclusive legislation in all cases whatsoever over such district, not exceeding ten miles square, which Congress may fix upon, and accept for the seat of Government of the United States, while the terms of the cession were nearly as follows."

On 23rd of December, 1788, Maryland passed an Act to cede to the United States, any district in the state not exceeding ten miles square, which Congress might fix upon and accept for the seat of Government of the United States; and this, without any proviso, or reservation whatever. On the 3rd of December, 1789, Virginia did the same, and in these words — " and the same is hereby for ever ceded and relinquished to the Congress and Government of the United States, in full and absolute right and exclusive jurisdiction — as well of soil, as of persons residing, or to reside thereon, pursuant to the tenor and effect of the 8th sec. of the 1st article of the Constitution," (above quoted). The cession was accompanied with a condition, touching the soil, merely — " that nothing therein contained should be construed to vest in the United States, any right of property in the soil, or to affect the rights of individuals therein, otherwise, than should, or might be transferred by such individuals."

There was also a further proviso — " that the jurisdiction of the laws of this commonwealth (Virginia), over persons and property of individuals, THE DISTRICT OF COLUMBIA. residing within the limit of this district, should not cease, until Congress having accepted the cession, should by law provide for the government thereof, under their jurisdiction, in manner provided for by the articles of the Constitution before recited,'' — distinctly iinplving — that then, the jurisdiction of the States laws should cease, and Congress exercise " exclusive legislation," over " persons and property within the district in all cases whatsoever." And in July, 1790, Congress accepted the cession, providing, that the laws of the State should remain in force, until the time fixed on for the Government thereto, and until Congress should otherwise by law provide.

Nothing, assuredly, can appear more explicit, and certainlv nothing to our comprehension, more perfectly lucid and satisfactory, or more completely setting at rest every possible surmise as to the nature and comprehensiveness of the authority vested in the General Government and Congress, to control bv legislative enactment, such as they should themselves think proper, both slavery and the slave trade of the entire district, thus placed under their immediate rule and supervision.

Notwithstanding, and the obligations that these rights imposed, we find each session of the legislative body frittered away in boisterous and angry declamation — in personal altercations amongst its members, whenever this subject is attempted to be brought under their consideration — the representatives of the middle and southern states, antagonist with those of the remaining sections of the republic, in their exertions to perpetuate this most abhorrent practice in the very heart and centre ABROGATION OF THE RIGHT of the country ; perfectly heedless of every political and moral consequence to the nation, its character and seeming, and by the most reprehensible and unconstitutional efforts, in resisting its peaceable and deliberate consideration, to effect their purpose, even at the sacrifice of the most valued privileges of the citizen — the right conceded to the people to petition Congress for the redress of any assumed or positive grievance.* To this end, and in order to preclude all opportunity of remonstrance, the Legislative Chambers passed a resolution to effect, interdicting all appeals by memorial, or otherwise, from any class, or number of citizens, touching slavery, or the slave trade of the United States; and thus, virtually, abrogated of their mere will, one of the most im portant immunities assured to the people, under the constitution of the country.

Nay, so very determined were the representatives of the southern states, to carry out their purpose, so opposed to every, or any change or modification of the laws affecting slavery within the republic, that they resolved with one accord, to withdraw themselves from Congress, with a threat of an ultimate severance of the Union, if opposed in their determined resolve, to prevent all future legislation on this subject, within the walls of Congress. * Article I. of the Amendments to the Constitution distinctly declares, " that Congress shall make no law abridging the freedom of speech, or of the press ; or the right of the people peaceably to assemble and to petition the Government for a redress of grievances." OF PETITION AS TO SLAVERY. The scenes that were enacted within the House of Representatives on this memorable occasion, (December 1837,) though characteristic, were highly discreditable to the nation, as well as disgraceful to the individual parties concerned in them.

The presentation of a petition by Mr. Slade, representative for Vermont, praying for the abolition of the slave trade and slavery in the District of Columbia, on which opportunity the honourable member moved, that it should be submitted to a select committee, to consider and report upon it to the House, was the immediate cause of calling forth this decided ex pression of the representative body, in the subsequent resolutions that emanated from them. The character of Mr. Slade — his high unimpeachable honour, was an ample guarantee of the sincerity of his motives in bringing forward this question, and originating a discussion, that conveys in its simple detail, some proper estimate of the fierce elements of strife and national discord, which are interwoven with the question of internal slavery throughout every part of the United States.

There were pre judices, it is true, opposed to its consideration, which with others, though equally sincere, were first to be overcome — the interested opposition of the many to be met with at the outset, and on the part of those, who were ready to sacrifice every assumed or prospective good to their country, than yield assent to any measure of commendable policy, that might possibly encroach upon the individual, or assumed rights of the southern slave -dealer. But Mr. Slade felt, that he had embarked in a sacred and DISGRACEFUL EXHIBITION IN just cause, that should not yield to any of the expedients, by which other and temporary advantages are sometimes to be secured. The entire subject of slavery, as he proceeded, was bared before the House — its iniquity forcibly depicted in the eloquent and powerful language of the speaker, who referred to the Bible and writings of the Apostles, to prove its unrighteousness and sin.

" A firebrand," to use the descriptive language of an eye-witness, " was thus cast into the House at the very outset. Mr. Legare of South Carolina, (a slave state,) implored Mr. Slade to withhold his remarks for one night at least, that he might have an opportunity to reflect on the consequence of his ill-timed proceedings, but to no purpose. Mr. Dawson of Georgia, (another slave state) begged him to desist as a man, and a lover of his country ; but all was of no avail. Mr. Slade, who was calm and collected, refused to yield, and continued his remarks, adding at each sentence additional food for excitement. Mr. Wise of Virginia now interposed. He also was unsuccessful — Mr. Slade was firm; he had a duty to discharge, he said, to his God— his country, and constituents, and while life or breath lasted, he would not yield.

At length Mr. Wise rose, calm and dispassionate ; and yet his wild and piercing eye, and pallid countenance, indicated a fury of passion. He said, as the gentleman from Vermont would not fore°-o his designs, and as the House had no remedy, he had to propose, that the several Representatives from Vir ginia, should withdraw themselves from Conqress. Agreed — agreed, responded fifty voices, and the THE HOUSE OF REPRESENTATIVES. delegation from Virginia quitted their seats. The delegation from Georgia, and other slave states, followed this example. And Mr. Cambell of South Carolina rose, and invited the whole southern dele gation, to meet in the room of the Committee of Claims — " to adopt such steps, as the exigencies of the case might demand, and to consider the pro priety of dissolving the Union."

Thus, on the 20th of December, 1837, all was con fusion, excitement, and alarm at Washington. On the following night, the southern members were in secret session until past twelve o'clock, and after a consultation of some hours, it was agreed, that the principles of a report introduced two sessions before, by Mr. Pinckney, should be agreed upon, as the " terms of their return to Congress." Next morning, in consequence, the following resolution was presented by Mr. Patton of Virginia, and adopted. " Resolved. — That all petitions and resolutions, praying for the abolition of slavery within the district of Colombia, and memo rials or resolutions in relation to slavery in the different states, should be laid upon the table, without reading — without re ference — without printing — and without discussion."

After a short debate this resolution was carried by a vote of 135 to 60 ! Thus were the south for the while conciliated— their apprehensions reconciled, and to all appearance, the subject of slavery set at rest within the walls of the Capitol ; while the slave — the unfortunate helot, cast at their mercy — removed from his kindred and home, the mere creature of their will —compelled to purchase life, at the sacrifice of all that can make DISGRACEFUL EXHIBITION IN life endurable, as well by the sweat and toil of his daily efforts, was thus cut off from every anticipation, or remote chance of exciting the least measure of legislative interference in his behalf, and could only rest his hopes of any future amelioration in his condition, on the strength and vigour of his own right arm, or on the sympathies — the humane and benevolent exertions of the moral and upright of other nations, to whom he could alone turn, with any expectation of removing even at a distant day, the chains that have so long continued to secure his worn and emaciated frame, or the proscription, that has so long and unjustly pursued him and his race.

A motion to rescind this resolution was, never theless, every now and again brought before the Representative Chamber, on petition, or on some other pretext, until the month of January, 1840, when this august body determined to amend its rules and orders, and in such a way, as to effectually exclude all petitions of the kind whatsoever, in relation to slavery within the United States — the territories of the Republic, or in the District of Columbia, and that none should be received, or in any wise acted upon. All discussion, or other action of the House in relation to slavery, was thereby declared at an end, and for ever, until the rules and orders of Congress might become changed. The presentation of all petitions, with reference to this subject, was from thenceforth strictly prohibited. Alas ! what a degrading and humiliating spec tacle was this — what a melancholy instance of THE HOUSE OF REPRESENTATIVES. human frailty — of duplicity and crime, emanating from a people calling themselves " Free and Inde pendent !" and vaunting their high intellectual and moral superiority over all other nations of the Christian world.

With what a lamentable facility do they absolve themselves from every charitable and Christian consideration — forswear in their more solemn adjudications, the principles on which their constitutional rights are said to be based, and fling to the four winds of Heaven, in order to perpetuate slavery in its most hideous form in their midst, the first principles of all free Govern ment — the right enjoyed by the people, to have their humble prayers for redress, at least received and listened to. Not only do they recognise slavery as an ingredient in their domestic relations, and sustain it as auxiliary to their national prosperity, but reject even the consideration of the manifold wickedness — the guilt and profligacy with which it co-exists amongst them ; choosing rather to deface the constitutional structure they have raised with so many and admitted sacrifices — to forswear in their every day practice their more solemn declarations before the world, than risk the exposition of their misdeeds — or the abandonment of a nefarious traffic, which they still adhere to, in the flesh and sinew of their fellow men.

Out upon them! — Their sins against human liberty have far outnumbered any efforts they may have ever made for its sustainment. Their transgressions against mankind have already been numerous and unatoned for — identifying the character of the American people with PRINCIPLE OF NON-INTERFERENCE. the worst species of political dissimulation and crime. This resolution of Congress occasioned a deep felt concern in the northern and eastern States, especially amongst the advocates of emancipation, with whom it called forth increased exertion in the laudable pursuit in which they were engaged, as also among the supporters of popular rights in these States ; and who, though generally sympathising with the unhappy slave, and the proscription to which he was thus doomed, yet, adopting the principle of non-interference in their relations with the south on this question, nevertheless, felt that the conduct pursued by Congress in rejecting the petition of any portion or number of their fellow citizens was an extreme measure — an unwarranted usurpation of their just rights, unsanctioned by the constitution, or any former precedent, and that it was the bounden duty of the people to relieve themselves from its influence, by every legal and constitutional means within their power, for this purpose.

All discussion within the walls of Congress had now ceased on this nervous and exciting topic- — these worthy representatives of popular freedom having betrayed the obligations of their sacred trust, proclaimed their want of all moral courage to meet the question on debateable, or any other legitimate grounds, and though of such paramount consideration to the liberties of 2,700,000 of their fellow citizens, who were fated by their decision, to a severe and unremitting bondage. RIGHT OF PETITIONING ASSERTED. This unconstitutional and arbitrary exercise of the power thus placed in their hands for other uses, was followed by numerous petitions from the people, requiring that Congress should rescind its prohibitory rule in the introduction or presentation of petitions, in any wise relating to slavery within the Republic.

Debate followed debate on this question, through each succeeding session of the Chambers, but with very little apparent promise of success, until the year 1 844, when the subject was once more introduced by Mr. Adams in the House of Representatives, who moved the rescinding of this rule, (the 25th of its standing orders), supporting his motion by the display and advocacy of the most commanding talents ; when, on a division, the numbers were for continuing the rule, 80 — for its abrogation, 108 ; relieving the nation from the disgrace of its further continuance, and declaring that abolition petitions might from thence forth be received, to be referred (though without debate, or even casual remark) to the usual com mittee — but never to be heard of afterwards.* * The following statistics of the vote on this memorable motion is not without interest : — NOES.