Slavery—Chapter II. Rights.
Chapter II. Rights.
I now proceed to the second division of the subject. I am to show, that man has sacred Rights, the gifts of God, and inseparable from human nature, which are violated by slavery. Some important principles, which belong to this head, were necessarily anticipated under the preceding; but they need a fuller exposition. The whole subject of Rights needs to be reconsidered. Speculations and reasonings about it have lately been given to the public, not only false, but dangerous to freedom, and there is a strong tendency to injurious views. Rights are made to depend on circumstances, so that pretences may easily be made or created for violating them successively, till none shall remain. Human rights have been represented as so modified and circumscribed by men's entrance into the social state, that only the shadows of them are left. They have been spoken of as absorbed in the public good; so that a man may be innocently enslaved, if the public good shall so require. To meet fully all these errors, for such I hold them, a larger work than the present is required. The nature of man, his relations to the state, the limits of civil government, the elements of the public good, and the degree to which the individual must be surrendered to this good, these are the topics which the present subject involves. I cannot enter into them particularly, but shall lay down what seem to me the great and true principles in regard to them. I shall show, that man has rights from his very nature, not the gifts of society, but of God; that they are not surrendered on entering the social state; that they must not be taken away under the plea of public good; that the Individual is never to be sacrificed to the Community; that the idea of Rights is to prevail above all the interests of the state.
Man has rights by nature. The disposition of some to deride abstract rights, as if all rights were uncertain, mutable, and conceded by society, shows a lamentable ignorance of human nature. Whoever understands this must see in it an immovable foundation of rights. These are gifts of the Creator, bound up indissolubly with our moral constitution. In the order of things, they precede society, lie at its foundation, constitute man's capacity for it, and are the great objects of social institutions. The consciousness of rights is not a creation of human art, a conventional sentiment, but essential to and inseparable from the human soul.
Man's rights belong to him as a Moral Being, as capable of perceiving moral distinctions, as a subject of moral obligation. As soon as he becomes conscious of Duty, a kindred consciousness springs up, that he has a Right to do what the sense of duty enjoins, and that no foreign will or power can obstruct his moral action without crime. He feels, that the sense of duty was given to him as a Law, that it makes him responsible for himself, that to exercise, unfold, and obey it is the end of his being, and that he has a right to exercise and obey it without hindrance or opposition. A consciousness of dignity, however obscure, belongs also to this divine principle; and, though he may want words to do justice to his thoughts, he feels that he has that within him which makes him essentially equal to all around him.
The sense of duty is the fountain of human rights. In other words, the same inward principle, which teaches the former, bears witness to the latter. Duties and Rights must stand or fall together. It has been too common to oppose them to one another; but they are indissolubly joined together. That same inward principle, which teaches a man what he is bound to do to others, teaches equally, and at the same instant, what others are bound to do to him. That same voice, which forbids him to injure a single fellow-creature, forbids every fellow-creature to do him harm. His conscience, in revealing the moral law, does not reveal a law for himself only, but speaks as a Universal Legislator. He has an intuitive conviction, that the obligations of this divine code press on others as truly as on himself. That principle, which teaches him that he sustains the relation of brotherhood to all human beings, teaches him that this relation is reciprocal, that it gives indestructible claims, as well as imposes solemn duties, and that what he owes to the members of this vast family, they owe to him in return. Thus the moral nature involves rights. These enter into its very essence. They are taught by the very voice which enjoins duty. Accordingly there is no deeper principle in human nature, than the consciousness of rights. So profound, so ineradicable is this sentiment, that the oppressions of ages have nowhere wholly stifled it.
Having shown the foundation of human rights in human nature, it may be asked what they are. Perhaps they do not admit very accurate definition, any more than human duties; for the Spiritual cannot be weighed and measured like the Material. Perhaps a minute criticism may find fault with the most guarded exposition of them; but they may easily be stated in language which the unsophisticated mind will recognise as the truth. Volumes could not do justice to them; and yet, perhaps they may be comprehended in one sentence. They may all be comprised in the right, which belongs to every rational being, to exercise his powers for the promotion of his own and others' Happiness and Virtue. These are the great purposes of his existence. For these his powers were given, and to these he is bound to devote them. He is bound to make himself and others better and happier, according to his ability. His ability for this work is a sacred trust from God, the greatest of all trusts. He must answer for the waste or abuse of it. He consequently suffers an unspeakable wrong, when stripped of it by others, or forbidden to employ it for the ends for which it is given; when the powers, which God has given for such generous uses, are impaired or destroyed by others, or the means for their action and growth are forcibly withheld. As every human being is bound to employ his faculties for his own and others' good, there is an obligation on each to leave all free for the accomplishment of this end; and whoever respects this obligation, whoever uses his own, without invading others' powers, or obstructing others' duties, has a sacred, indefeasible right to be unassailed, unobstructed, unharmed by all with whom he may be connected. Here is the grand, all- comprehending right of human nature. Every man should revere it, should assert it for himself and for all, and should bear solemn testimony against every infraction of it, by whomsoever made or endured. Having considered the great fundamental right of human nature, particular rights may easily be deduced. Every man has a right to exercise and invigorate his intellect or the power of knowledge, for knowledge is the essential condition of successful effort for every good; and whoever obstructs or quenches the intellectual life in another, inflicts a grievous and irreparable wrong. Every man has a right to inquire into his duty, and to conform himself to what he learns of it. Every man has a right to use the means, given by God and sanctioned by virtue, for bettering his condition. He has a right to be respected according to his moral worth; a right to be regarded as a member of the community to which he belongs, and to be protected by impartial laws; and a right to be exempted from coercion, stripes, and punishment, as long as he respects the rights of others. He has a right to an equivalent for his labor. He has a right to sustain domestic relations, to discharge their duties, and to enjoy the happiness which flows from fidelity in these and other domestic relations. Such are a few of human rights; and if so, what a grievous wrong is slavery!
Perhaps nothing has done more to impair the sense of the reality and sacredness of human rights, and to sanction oppression, than loose ideas as to the change made in man's natural rights by his entrance into civil society. It is commonly said, that men part with a portion of these by becoming a community, a body politic; that government consists of powers surrendered by the individual; and it is said, "If certain rights and powers may be surrendered, why not others? why not all? what limit is to be set? The good of the community, to which a part is given up, may demand the whole; and in this good, all private rights are merged." This is the logic of despotism. We are grieved that it finds its way into republics, and that it sets down the great principles of freedom as abstractions and metaphysical theories, good enough for the cloister, but too refined for practical and real life.
Human rights, however, are not to be so reasoned away. They belong, as we have seen, to man as a moral being, and nothing can divest him of them but the destruction of his nature. They are not to be given up to society as a prey. On the contrary, the great end of civil society is to secure them. The great end of government is to repress ALL WRONG. Its highest function is to protect the weak against the powerful, so that the obscurest human being may enjoy his rights in peace. Strange that an institution, built on the idea of Rights, should be used to unsettle this idea, to confuse our moral perceptions, to sanctify wrongs as means of general good! It is said, that, in forming civil society, the individual surrenders a part of his rights. It would be more proper to say, that he adopts new modes of securing them. He consents, for example, to desist from self-defence, that he and all may be more effectually defended by the public force. He consents to submit his cause to an umpire or tribunal, that justice may be more impartially awarded, and that he and all may more certainly receive their due. He consents to part with a portion of his property in taxation, that his own and others' property may be the more secure. He submits to certain restraints, that he and others may enjoy more enduring freedom. He expects an equivalent for what he relinquishes, and insists on it as his right. He is wronged by partial laws, which compel him to contribute to the state beyond his proportion, his ability, and the measure of benefits which he receives. How absurd is it to suppose, that, by consenting to be protected by the state, and by yielding it the means, he surrenders the very rights which were the objects of his accession to the social compact!
The authority of the state to impose laws on its members I cheerfully allow; but this has limits, which are found to be more and more narrow in proportion to the progress of moral science. The state is equally restrained with individuals by the Moral Law. For example, it may not, must not, on any account, put an innocent man to death, or require of him a dishonorable or criminal service. It may demand allegiance, but only on the ground of the protection it affords. It may levy taxes, but only because it takes all property and all interests under its shield. It may pass laws, but only impartial ones, framed for the whole, and not for the few. It must not seize, by a special act, the property of the humblest individual, without making him an equivalent. It must regard every man, over whom it extends its authority, as a vital part of itself, as entitled to its care and to its provisions for liberty and happiness. If, in an emergency, its safety, which is the interest of each and all, may demand the imposition of peculiar restraints on one or many, it is bound to limit these restrictions to the precise point which its safety prescribes, to remove the necessity of them as far and as fast as possible, to compensate by peculiar protection such as it deprives of the ordinary means of protecting themselves, and, in general, to respect and provide for liberty in the very acts which for a time restrain it. The idea of Rights should be fundamental and supreme in civil institutions. Government becomes a nuisance and scourge, in proportion as it sacrifices these to the many or the few. Government, I repeat it, is equally bound with the individual by the Moral Law. The ideas of Justice and Rectitude, of what is due to man from his fellow-creatures, of the claims of every moral being, are far deeper and more primitive than Civil Polity. Government, far from originating them, owes to them its strength. Right is older than human law. Law ought to be its voice. It should be built on, and should correspond to, the principle of justice in the human breast, and its weakness is owing to nothing more than to its clashing with our indestructible moral convictions.
That government is most perfect, in which Policy is most entirely subjected to Justice, or in which the supreme and constant aim is to secure the rights of every human being. This is the beautiful idea of a free government, and no government is free but in proportion as it realizes this. Liberty must not be confounded with popular institutions. A representative government may be as despotic as an absolute monarchy. In as far as it tramples on the rights, whether of many or one, it is a despotism. The sovereign power, whether wielded by a single hand or several hands, by a king or a congress, which spoils one human being of the immunities and privileges bestowed on him by God, is so far a tyranny. The great argument in favor of representative institutions is, that a people's rights are safest in their own hands, and should never be surrendered to an irresponsible power. Rights, Rights, lie at the foundation of a popular government; and when this betrays them, the wrong is more aggravated than when they are crushed by despotism.
Still the question will be asked, "Is not the General Good the supreme Law of the state? -Are not all restraints on the individual just, which this demands? When the rights of the individual clash with this, must they not yield? Do they not, indeed, cease to be rights? Must not every thing give place to the General Good?" I have started this question in various forms, because I deem it worthy of particular examination. Public and private morality, the freedom and safety of our national institutions, are greatly concerned in settling the claims of the "General Good." In monarchies, the Divine Right of kings swallowed up all others. In republics, the General Good threatens the same evil. It is a shelter for the abuses and usurpations of government, for the profligacies of statesmen, for the vices of parties, for the wrongs of slavery. In considering this subject, I take the hazard of repeating principles already laid down; but this will be justified by the importance of reaching and determining the truth. Is the General Good, then, the supreme law, to which every thing must bow? This question may be settled at once by proposing another. Suppose the public good to require, that a number of the members of a state, no matter how few, should perjure themselves, or should disclaim their faith in God and virtue. Would their right to follow conscience and God be annulled? Would they be bound to sin? Suppose a conqueror to menace a state with ruin, unless its members should insult their parents, and stain themselves with crimes at which nature revolts. Must the public good prevail over purity and our holiest affections? Do we not all feel that there are higher goods than even the safety of the state? that there is a higher law than that of mightiest empires? that the idea of Rectitude is deeper in human nature than that of private or public interest? and that this is to bear sway over all private and public acts?
The supreme law of a state is not its safety, its power, its prosperity, its affluence, the flourishing state of agriculture, commerce, and the arts. These objects, constituting what is commonly called the Public Good, are indeed proposed, and ought to be proposed, in the constitution and administration of states. But there is a higher law, even Virtue, Rectitude, the voice of Conscience, the Will of God. Justice is a greater good than property, not greater in degree, but in kind. Universal benevolence is infinitely superior to prosperity. Religion, the love of God, is worth incomparably more than all his outward gifts. A community, to secure or aggrandize itself, must never forsake the Right, the Holy, the Just.
Moral Good, Rectitude in all its branches, is the Supreme Good; by which I do not intend, that it is the surest means to the security and prosperity of the state. Such, indeed, it is, but this is too low a view. It must not be looked upon as a Means, an Instrument. It is the Supreme End, and states are bound to subject to it all their legislation, be the apparent loss of prosperity ever so great. National wealth is not the End. It derives all its worth from national virtue. If accumulated by rapacity, conquest, or any degrading means, or if concentrated in the hands of the few, whom it strengthens to crush the many, it is a curse. National wealth is a blessing, only when it springs from and represents the intelligence and virtue of the community; when it is a fruit and expression of good habits, of respect for the rights of all, of impartial and beneficent legislation; when it gives impulse to the higher faculties, and occasion and incitement to justice and beneficence. No greater calamity can befall a people than to prosper by crime. No success can the a compensation for the wound inflicted on a nation's mind by renouncing Right as its Supreme Law.
Let a people exalt Prosperity above Rectitude, and a more dangerous end cannot be proposed. Public Prosperity, General Good, regarded by itself, or apart from the moral law, is something vague, unsettled, and uncertain, and will infallibly be so construed by the selfish and grasping as to secure their own aggrandizement. It may be made to wear a thousand forms, according to men's interests and passions. This is illustrated by every day's history. Not a party springs up, which does not sanctify all its projects for monopolizing power by the plea of General Good. Not a measure, however ruinous, can be proposed, which cannot be shown to favor one or another national interest. The truth is, that, in the uncertainty of human affairs, an uncertainty growing out of the infinite and very subtile causes which are acting on communities, the consequences of no measure can be foretold with certainty. The best concerted schemes of policy often fail; whilst a rash and profligate administration may, by unexpected concurrences of events, seem to advance a nation's glory. In regard to the means of national prosperity, the wisest are weak judges. For example, the present rapid growth of this country, carrying, as it does, vast multitudes beyond the institutions of religion and education, may be working ruin, whilst the people exult in it as a pledge of greatness. We are too short-sighted to find our law in outward interests. To states, as to individuals, Rectitude is the Supreme Law. It was never designed that the public good, as disjoined from this, as distinct from justice and reverence for all rights, should be comprehended and made our end. Statesmen work in the dark, until the idea of Right towers above expediency or wealth. Woe to that people which would found its prosperity in wrong! It is time that the low maxims of policy, which have ruled for ages, should fall. It is time that public interest should no longer hallow injustice, and fortify government in making the weak their prey.
In this discussion, I have used the phrase, Public or General Good, in its common acceptation, as signifying the safety and prosperity of a state. Why can it not be used in a larger sense? Why can it not be made to comprehend inward and moral, as well as outward good? And why cannot the former be understood to be incomparably the most important element of the public weal? Then, indeed, I should assent to the proposition, that the General Good is the Supreme Law. So construed, it would support the great truths which I have maintained. It would condemn the infliction of wrong on the humblest individual, as a national calamity. It would plead with us to extend to every individual the means of improving his character and lot.
If the remarks under this head be just, it will follow, that the good of the Individual is more important than the outward prosperity of the State. The former is not vague and unsettled, like the latter, and it belongs to a higher order of interests. It consists in the free exertion and expansion of the individual's powers, especially of his higher faculties; in the energy of his intellect, conscience, and good affections; in sound judgment; in the acquisition of truth; in laboring honestly for himself and his family; in loving his Creator, and subjecting his own will to the Divine; in loving his fellow creatures, and making cheerful sacrifices to their happiness; in friendship; in sensibility to the beautiful, whether in nature or art; in loyalty to his principles; in moral courage; in self-respect; in understanding and asserting his rights; and in the Christian hope of immortality. Such is the good of the Individual; a more sacred, exalted, enduring interest, than any accessions of wealth or power to the State. Let it not be sacrificed to these. He should find, in his connexion with the community, aids to the accomplishment of these purposes of his being, and not be chained and subdued by it to the inferior interests of any fellow- creature.
In all ages the Individual has, in one form or another, been trodden in the dust. In monarchies and aristocracies, he has been sacrificed to One or to the Few; who, regarding government as an heirloom in their families, and thinking of the people as made only to live and die for their glory, have not dreamed that the sovereign power was designed to shield every man, without exception, from wrong. In the ancient Republics, the Glory of the State, especially Conquest, was the end to which the individual was expected to offer himself a victim, and in promoting which, no cruelty was to be declined, no human right revered. He was merged in a great whole, called the Commonwealth, to which his whole nature was to be immolated. It was the glory of the American people, that, in their Declaration of Independence, they took the ground of the indestructible rights of every human being. They declared all men to be essentially equal, and each born to be free. They did not, like the Greek or Roman, assert for themselves a liberty, which they burned to wrest from other states. They spoke in the name of humanity, as the representatives of the rights of the feeblest, as well as mightiest of their race. They published universal, everlasting principles, which are to work out the deliverance of every human being. Such was their glory. Let not the idea of Rights be erased from their children's minds by false ideas of public good. Let not the sacredness of Individual Man be forgotten in the feverish pursuit of property. It is more important that the Individual should respect himself, and be respected by others, than that the wealth of both worlds should be accumulated on our shores. National wealth is not the end of society. It may exist where large classes are depressed and wronged. It may undermine a nation's spirit, institutions, and independence. It can have no value and no sure foundation, until the supremacy of the Rights of the Individual is the first article of a nation's faith, and until reverence for them becomes the spirit of public men.
Perhaps it will be replied to all which has now been said, that there is an argument from experience, which invalidates the doctrines of this section. It may be said, that human rights, notwithstanding what has been said of their sacredness, do and must yield to the exigencies of real life; that there is often a stern necessity in human affairs to which they bow. I may be asked, whether, in the history of nations, circumstances do not occur, in which the rigor of the principles now laid down must be relaxed; whether, in seasons of imminent peril to the state, private rights must not give way. I may be asked, whether the establishment of martial law and a dictator has not sometimes been justified and demanded by public danger; and whether, of course, the rights and liberties of the individual are not held at the discretion of the state. I admit, in reply, that extreme cases may occur, in which the exercise of rights and freedom may be suspended; but suspended only for their ultimate and permanent security. At such times, when the frantic fury of the many, or the usurpations of the few, interrupt the administration of law, and menace property and life, society, threatened with ruin, puts forth instinctively spasmodic efforts for its own preservation. It flies to an irresponsible dictator for its protection. But in these cases, the great idea of Rights predominates amidst their apparent subversion. A power above all laws is conferred, only that the empire of law may be restored. Despotic restraints are imposed, only that liberty may be rescued from ruin. All rights are involved in the safety of the state; and hence, in the cases referred to, the safety of the state becomes the supreme law. The individual is bound for a time to forego his freedom, for the salvation of institutions, without which liberty is but a name. To argue from such sacrifices, that he may be permanently made a slave, is as great an insult to reason as to humanity. It may be added, that sacrifices, which may be demanded for the safety, are not due from the individual to the prosperity of the state. The great end of civil society is to secure rights, not accumulate wealth; and to merge the former in the latter is to turn political union into degradation and a scourge. The community is bound to take the rights of each and all under its guardianship. It must substantiate its claim to universal obedience by redeeming its pledge of universal protection. lt must immolate no man to the prosperity of the rest. Its laws should be made for all, its tribunals opened to a]l. It cannot without guilt abandon any of its members to private oppression, to irresponsible power.
We have thus established the reality and sacredness of human rights; and that slavery is an infraction of these, is too plain to need any labored proof. Slavery violates, not one, but all; and violates them, not incidentally, but necessarily, systematically, from its very nature. In starting with the assumption, that the slave is property, it sweeps away every defence of human rights, and lays them in the dust. Were it necessary, I might enumerate them, and show how all fall before this terrible usurpation; but a few remarks will suffice. Slavery strips man of the fundamental right to inquire into, consult, and seek his own happiness. His powers belong to another, and for another they must be used. He must form no plans, engage in no enterprises, for bettering his condition. Whatever be his capacities, however equal to great improvements of his lot, he is chained for life, by another's will, to the same unvaried toil. He is forbidden to do, for himself or others, the work for which God stamped him with his own image, and endowed him with his own best gifts. --Again, the slave is stripped of the right to acquire property. Being himself owned, his earnings belong to another. He can possess nothing but by favor. That right, on which the development of men's powers so much depends, the right to make accumulations, to gain exclusive possessions by honest industry, is withheld. "The slave can acquire nothing," says one of the slave codes, "but what must belong to his master;" and however this definition, which moves the indignation of the free, may be mitigated by favor, the spirit of it enters into the very essence of slavery. --Again, the slave is stripped of his right to his wife and children. They belong to another, and may be torn from him, one and all, at any moment, at his master's pleasure. -- Again, the slave is stripped of the right to the culture of his rational powers. He is in some cases deprived by law of instruction, which is placed within his reach by the improvements of society and the philanthropy of the age. He is not allowed to toil, that his children may enjoy a better education than himself. The most sacred right of human nature, that of developing his best faculties, is denied. Even should it be granted, it would be conceded as a favor, and might at any moment be withheld by the capricious will of another. --Again, the slave is deprived of the right of self-defence. No injury from a white man is he suffered to repel, nor can he seek redress from the laws of his country. If accumulated insult and wrong provoke him to the slightest retaliation, this effort for self-protection, allowed and commended to others, is a crime, for which he must pay a fearful penalty. --Again, the slave is stripped of the right to be exempted from all harm, except for wrong-doing. He is subjected to the lash by those, whom he has never consented to serve, and whose claim to him as property we have seen to be a usurpation; and this power of punishment, which, if justly claimed, should be exercised with a fearful care, is often delegated to men in whose hands there is a moral certainty of its abuse.
I will add but one more example of the violation of human rights by slavery. The slave virtually suffers the wrong of robbery, though with utter unconsciousness on the part of those who inflict it. It may, indeed, be generally thought, that, as he is suffered to own nothing, he cannot fall, at least, under this kind of violence. But it is not true that he owns nothing. Whatever he may be denied by man, he holds from nature the most valuable property, and that from which all other is derived, I mean his strength. His labor is his own, by the gift of that God, who nerved his arm, and gave him intelligence and conscience to direct the use of it to his own and others' happiness. No possession is so precious as a man's force of body and mind. The exertion of this in labor is the great foundation and source of property in outward things. The worth of articles of traffic is measured by the labor expended in their production. To the great mass of men, in all countries, their strength or labor is their whole fortune. To seize on this would be to rob them of their all. In truth, no robbery is so great, as that to which the slave is habitually subjected. To take by force a man's whole estate, the fruit of years of toil, would, by universal consent, be denounced as a great wrong; but what is this, compared with seizing the man himself, and appropriating to our use the limbs, faculties, strength, and labor, by which all property is won and held fast? The right of property in outward things is as nothing, compared with our right to ourselves. Were the slave-holder stripped of his fortune, he would count the violence slight, compared with what he would suffer, were his person seized and devoted as a chattel to another's use. Let it not be said, that the slave receives an equivalent, that he is fed and clothed, and is not, therefore, robbed. Suppose another to wrest from us a valued possession, and to pay us his own price. Should we not think ourselves robbed? Would not the laws pronounce the invader a robber? Is it consistent with the right of property, that a man should determine the equivalent for what he takes from his neighbour? Especially is it to be hoped, that the equivalent due to the laborer will be scrupulously weighed, when he himself is held as property, and all his earnings are declared to be his master's. So great an infraction of human right is slavery!
In reply to these remarks, it may be said, that the theory and practice of slavery differ; that the rights of the slave are not as wantonly sported with as the claims of the master might lead us to infer; that some of his possessions are sacred; that not a few slave-holders refuse to divorce husband and wife, to sever parent and child; and that, in many cases, the power of punishment is used so reluctantly, as to encourage insolence and insubordination. All this I have no disposition to deny. Indeed, it must be so. It is not in human nature to wink wholly out of sight the rights of a fellow-creature. Degrade him as we may, we cannot altogether forget his claims. In every slave-country, there are, undoubtedly, masters, who desire and purpose to respect these, to the full extent which the nature of the relation will allow. Still, human rights are denied. They lie wholly at another's mercy; and we must have studied history in vain, if we need be told that they will be continually the prey of this absolute power. --The evils, involved in and flowing from the denial and infraction of the rights of the slave, will form the subject of a subsequent chapter.