Wednesday, January 3, 2018

Book:Lectures on the Philosophy and Practice of Slavery As Exhibited in the Institution of Domestic Slavery in the United States, with the Duties of Masters to Slaves Author: William A. Smith (1856) (Part 1 of 2)

The Project Gutenberg EBook of Lectures on the Philosophy and Practice of Slavery, by William A. Smith This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org Title: Lectures on the Philosophy and Practice of Slavery As Exhibited in the Institution of Domestic Slavery in the United States, with the Duties of Masters to Slaves Author: William A. Smith Editor: Thomas O. Summers Release Date: October 11, 2012 [EBook #41019] Language: English Character set encoding: UTF-8 *** START OF THIS PROJECT GUTENBERG EBOOK LECTURES ON PHILOSOPHY OF SLAVERY *** Produced by Jonathan Ingram, Matthew Wheaton and the Online Distributed Proofreading Team at http://www.pgdp.net (This file was produced from images generously made available by The Internet Archive)

LECTURES
ON THE Philosophy and Practice
OF SLAVERY,

AS EXHIBITED IN THE
INSTITUTION OF DOMESTIC SLAVERY
IN THE UNITED STATES:
WITH THE Duties of Masters to Slaves.
EDITED BY THOMAS O. SUMMERS, D.D.
Nashville, Tenn.:
STEVENSON AND EVANS.
1856.
Entered, according to Act of Congress, in the year 1856, by
WILLIAM A. SMITH,
In the Office of the Clerk of the District Court for the Middle District of Tennessee.
STEREOTYPED AND PRINTED BY A. A. STITT,
SOUTHERN METHODIST PUBLISHING HOUSE, NASHVILLE, TENN.

Contents.

PREFACEPage vii
LECTURE I.
INTRODUCTORY REMARKS ON THE SUBJECT OF AFRICAN SLAVERY IN THE UNITED STATES.
General subject enunciated—Why this discussion may be regarded as humiliating by Southern people—Other stand-points, however, disclose an urgent necessity, at this time, for a thorough investigation these lectures to conduct the mind11
LECTURE II.
THE ABSTRACT PRINCIPLE OF THE INSTITUTION OF DOMESTIC SLAVERY.
If the system be sinful, per se, the sin of it must be found in the principle—Is the principle sinful?—The principle defined—Objections to the term “submission” answered—The effects of Mr. Jefferson’s doctrine upon many conscientious persons in the Southern States31
LECTURE III.
OBJECTIONS CONSIDERED.
Objections classified—Popular views discussed—“All men are born free and equal”—“All men are created equal”—“All men in a state of nature are free and equal”—And the particular form in which Dr. Wayland expresses the popular idea, viz., “The relation in which men stand to each other is the relation of equality; not equality of condition, but equality of right”—Remarks on Dr. Wayland’s course—His treatise on Moral Science as a text-book. 60
LECTURE IV.
THE QUESTION OF RIGHTS DISCUSSED.
Why it is necessary to define the term rights—The right in itself defined to be the good—The doctrine that the will of God is the origin of the right considered—The will of God not the origin of the right, but an expression of the right which is the good—Natural rights and acquired rights, each defined77
LECTURE V.
THE DOCTRINES OF RIGHTS APPLIED TO GOVERNMENT.
Government, human as well as Divine, is a necessity of man’s fallen condition—All men concur in this—Man did not originate government: he has only modified the form—The legitimate objects of government, and the means which it employs to effect these objects—The logical inferences: 1. Although he has the power, he has no right to do wrong; 2. As a fallen being, he is, without a government over him, liable to lose the power of self-control—What are the rights of man, 1. In a state of infancy, 2. In a state of maturity, and, 3. In a savage or uncivilized state—Civil government is not founded on a concession of rights104
LECTURE VI.
THE ABSTRACT PRINCIPLE OF SLAVERY DISCUSSED ON SCRIPTURE GROUNDS, AND MISREPRESENTATION OF THE PRINCIPLE EXAMINED.
The true subjective right of self-control defined according to the Scriptures—The abstract principle of slavery sanctioned by the Scriptures—The Roman government—Dr. Wayland’s Scripture argument examined and refuted—The positions of Dr. Channing and Professor Whewell examined and refuted132
LECTURE VII.
THE INSTITUTION OF DOMESTIC SLAVERY.
The question stated—The conduct of masters a separate question—The institution defined—The position of the abolitionists, and that of the Southern people—The presumption is in favor of the latter—Those who claim freedom for the blacks of this country failed to secure it to those on whom they professed to confer it—The doctrine by which they seek to vindicate the claim set up for them, together with the fact of history assumed to be true, is false153
LECTURE VIII.
DOMESTIC SLAVERY, AS A SYSTEM OF GOVERNMENT FOR THE AFRICANS IN AMERICA, EXAMINED AND DEFENDED ON THE GROUND OF ITS ADAPTATION TO THE PRESENT CONDITIONS OF THE RACE.
There should be a separate and subordinate government for our African population—Objection answered—Africans are not competent to that measure of self-government which entitles a man to political sovereignty—They were not prepared for freedom when first brought into the country; hence they were placed under the domestic form of government—The humanity of this policy—In the opinion of Southern people, they are still unprepared—The fanaticism and rashness of some, and the inexcusable wickedness of others, who oppose the South176
LECTURE IX.
THE NECESSITY FOR THE INSTITUTION OF DOMESTIC SLAVERY EXEMPLIFIED BY FACTS.
The attempts made at domestic colonization—The result of the experiment in the case of our free colored population—The colonization experiment on the coast of Africa—The example of the Canaanitish nations—Summary of the argument on the general point, and inferences192
LECTURE X.
EMANCIPATION DOCTRINES DISCUSSED.
Gradual emancipation the popular plan—It would operate to collect the slaves into a few States, cut them off from contact with civilization, and reduce them to barbarism—It would make an opening for Northern farmers and their menials to come into those States from which they retired—The modifications which the system of slavery has undergone within late years—A comparison of the menials of the free and of the slave States, and the only plan of emancipation admissible—The gospel the only remedy for the evils of slavery—Paul’s philosophy and practice, 1 Tim. vi. 1-5210
LECTURE XI.
TEACHING THE SLAVES TO READ AND WRITE.
Superiors frequently neglect inferiors—The policy of the South vindicated by necessity—The results that would follow an attempt to establish a system for instructing the blacks in letters, and those which would follow the establishment of such a system—The domestic element of the system of slavery in the Southern States affords the means for their improvement adapted to their condition and the circumstances of the country—It affords the natural, safe, and the effectual means of the intellectual and moral elevation of the race—The prospects of the Africans in this country, and their final removal to Africa—The country never will be entirely rid of them—The Southern policy wise and humane228
LECTURE XII.
THE CONSERVATIVE INFLUENCE OF THE AFRICAN POPULATION OF THE SOUTH.
Preliminary remarks—American party—The present and prospective condition of our country—The large number of voters in the free-soil States who will be under a foreign influence, political and religious, inducing them to discard the Bible and the right of private judgment—The freedom of the Southern States from this anti-Christian and anti-republican influence—The presence of the African race in the Southern States secures them this advantage—The unpatriotic policy of freesoilism257
LECTURE XIII.
THE DUTIES OF MASTERS TO SLAVES.
“Masters, give unto your servants (δούλοις, slaves) that which is just and equal, knowing that ye also have a Master in heaven.”—Col. iv. 1.The duty of masters and the rights of slaves reciprocal—1. The duty of masters to their slaves considered as “their money:” in regard to working, resting, feeding, clothing, housing, and the employment of persons over them: also to the sick and the aged. 2. Their duty to their slaves considered as social beings—Punishments and the social principle discussed. 3. Their duty to their slaves considered as religious beings—Public instruction on the Sabbath and at other times, and the opportunity of attending—The employment of preachers, and the religious instruction of children276

[Pg vii]

PREFACE.

The following pages contain the substance of Lectures on the subject of Domestic Slavery in the United States, which for several years have been delivered to the classes in Moral Science in Randolph Macon College.
Since the year 1844, I have been frequently called on to discuss this subject on various popular occasions in Virginia and North Carolina. My classes in college were compelled to deal with the subject of domestic slavery. Not only the popular ideas in regard to African slavery in this country, but the specific treatment of this topic by numerous text authors in Moral Science, rendered this unavoidable. A deep conviction that the minds of young men were receiving a wrong, and, in the present state of the country, a fatal direction,[Pg viii] both as regards the principles of the institution, and the institution itself, induced me to substitute the text authorities on the subject by a course of lectures. These lectures, therefore, were originally drawn up with a view to oral delivery. They were modified by the circumstances of their origin. In preparing them for the press, however, I was led to consider the class of persons for whose use they were chiefly designed, and at the same time to adapt them as far as possible to the general reader. I was aware of the difficulty of fixing definitely on the mind of the student the nature and limits of abstract truths, and that this difficulty is, if any thing, greatly increased when we pass to those whose reading is not characterized by habits of thought,—as would be the case with many of those whose interest in the general subject of slavery might induce them to read these lectures. The task of meeting these difficulties was encountered with a measure of painful distrust.
My views on the subject of slavery, as a practical question, will be found very generally to accord with the popular ideas of those communities[Pg ix] in which the African population chiefly resides. But, as a question of Moral Science, I will be found to differ, and in some aspects very materially, from those who have spoken and written on the subject.
The closing lecture is on the duties of masters to slaves. On this point it may also appear that my views do not accord with those of some others. There are men whose views I judge to be entirely too loose on the whole subject. But I should consider any treatise on the subject of slavery as inexcusably defective that did not embrace the duties of masters to slaves; and I persuade myself that the number, if any, who take a different view of the subject will be found to be exceedingly small.
Whether I have acted wisely in endeavoring to combine in one performance a treatise adapted to the habits of the student, and at the same time to the habits of the general reader; and whether I have succeeded to any desirable extent in so difficult an undertaking, it is not for me to determine. I can only say, that in giving these lectures to the public, I have yielded to the earnest desire, often[Pg x] expressed, of a large number of friends whose judgment is entitled to my highest respect and confidence. In meeting their wishes, I have endeavored to do justice to the subject. I have written honestly, and with a sincere desire to do good.
For the many imperfections of this volume, the author persuades himself that the assurance that it has been written and prepared for the press under the pressure of other important and frequently distracting avocations, will be received as some apology. In the humble hope that it may, nevertheless, shed some light on the difficulties of the general subject, and thereby contribute to diffuse sounder views on the principles involved, quiet the irritation of the public mind, and give more stability to our political union, and, at the same time, impress masters more deeply with the importance and obligations of their providential position, it is with diffidence submitted to the judgment of the public.
Randolph Macon College, Va.,
August 18th, 1856.

[Pg 11]
LECTURES
ON THE Philosophy and Practice of Slavery.

LECTURE I.
INTRODUCTORY REMARKS ON THE SUBJECT OF AFRICAN SLAVERY IN THE UNITED STATES.

General subject enunciated—Why this discussion may be regarded as humiliating by Southern people—Other stand-points, however, disclose an urgent necessity, at this time, for a thorough investigation of the whole subject—The results to which it is the object of these lectures to conduct the mind.
The great question which arises in discussing the slavery of the African population of this country—correctly known as “Domestic Slavery”—is this: Is the institution of domestic slavery sinful?
The position I propose to maintain in these lectures is, that slavery, per se, is right; or that[Pg 12] the great abstract principle of slavery is right, because it is a fundamental principle of the social state; and that domestic slavery, as an institution, is fully justified by the condition and circumstances (essential and relative) of the African race in this country, and therefore equally right.
I confess that it is somewhat humiliating to discuss the question enunciated—Is the institution of domestic slavery sinful? The affirmative assumes that an immense community of Southern people, of undoubted piety, are, nevertheless, involved in great moral delinquency on the subject of slavery. This is a palpable absurdity in regard to a great many. For nothing is more certain than this, that if it be sinful, they either know it, or are competent to know it, and hence are responsible. And as no plea of necessity can justify an enlightened man in committing known sin, it follows that all such Southern people are highly culpable, which is utterly inconsistent with the admission that they are pious. To say, as some are accustomed to do, that “slavery is certainly wrong in the abstract,” that is, in plain terms, in itself sinful, but that they cannot help themselves, appears to me to be wholly unfounded. It assumes that a man may be absolutely compelled to commit sin. This certainly cannot be true. All candid minds will readily allow, that so far as[Pg 13] Deity has yet explained himself, he has in no instance enjoined upon man the observance of any principle as his duty, which he may be compelled, in the order of his providence, to violate. It is equally false in fact, for it is not true that we are absolutely compelled to be slaveholders. If government be, as it undoubtedly is, the agent of the people, and the people choose, they are certainly competent by this agent to free themselves from this institution. True, the immense cost of such an enterprise would be the least in the catalogue of evils resulting from it; for the total ruin of the African race in this country may be put down among the rest. But what of all this? Nothing can justify an enlightened and civilized people in committing sin. No; not even the sacrifice of life itself. Withal, if the civil society refuse to make so costly a sacrifice to avoid sin, there is nothing that can compel any individual citizen to remain a slaveholder. He can live in the community, as some do, without even hiring or owning a slave; or he can remove to one of the so-called free States. We should give no countenance, therefore, to any such mere attempts to apologize for domestic slavery. The conduct of bad men may sometimes find apologists. The conduct of good men always admits of defence. Hence, with many others, I have often been[Pg 14] grieved by the repeated attempts of certain pseudo-friends to pass off this flimsy and ridiculous apology as an able defence of the South.
In maintaining the institution of domestic slavery, we are either right or wrong, in a moral point of view. We ask no mere apology on the score of necessity, and we can certainly claim none on the ground of ignorance. Those who affirm that we are wrong, directly attack our morals. In doing this, they arraign the character of many thousands, who are among the most civilized and pious people now living. This fact alone is a sufficient refutation of so foul an aspersion; and in this view, it may be readily admitted that any attempt at a more formal refutation is a humiliating condescension, to which few Southern men can willingly submit.
But there is another stand-point from which this subject is to be viewed, and which reflects it in a very different light, and clearly indicates the duty of submitting it to the test of the soundest principles of philosophy and religion. It is this: the ascendency which certain popular errors on the subject of African slavery have acquired, and the extent to which they peril the peace of the country, if not the very liberties of the whole republic. I allude to the fact that there are many in the country—and not a few of this number spread[Pg 15] through our Southern States—who would not intentionally arraign the piety of their fellow-citizens, but whose minds (it is painfully humiliating to know) are in a state of great embarrassment on this subject; so much so, that they are constantly liable to be made the victims of any fanatical influences abroad in the land, no less than the dupes of that large class of political aspirants who, reckless of both truth and morals, would secure their elevation at any price.
Nor need we wonder at the ascendency of erroneous opinions on the subject of slavery, any more than at the results which they threaten.
At an early period in our history, Thomas Jefferson denounced domestic slavery as sinful, per se, and declared that “there was no attribute in the Divine mind which could take sides with the whites in a controversy between the races:” thus assuming in this remark, that the providences as well as the attributes of the Deity are against the slaveholder. Owing to the prominence given by our Puritan fathers to the higher institutions of learning, together with the fact that the soil and the climate of New England were unfavorable to agricultural pursuits, citizens of these States have, from an early period in the history of the republic, supplied the most of the text-books for the schools and colleges of the whole country. This[Pg 16] grossly offensive error of Mr. Jefferson has been more or less diffused through the whole of these text-books. It has been among the first of speculations upon abstract truth presented to the minds of the American people. It has been studiously inculcated from professors’ chairs in colleges and universities in the Northern States, while Southern literary institutions have been for the most part silent. The pulpits of the South have also lent their aid, and in some instances have been zealous and active in propagating this error.
As early as 1780, the Methodists declared, in a general convention of preachers, that “slavery is contrary to the laws of God, man, and nature, and hurtful to society; contrary to the dictates of conscience and pure religion; doing that which we would not that others should do to us and ours; and that we pass our disapprobation upon all our friends who keep slaves, and advise their freedom.” This doctrine was reässerted after the organization of the Church in 1784, and, with short intervals of time, and unimportant variations of phraseology, the essential features of this doctrine have been adhered to until the present time, by this most numerous body of professing Christians in this country. At an early day, Bishop Coke, of the M. E. Church, openly advocated this doctrine in the pulpits of the country, until[Pg 17] silenced by the force of public opinion; yet he did not cease, while he remained in the country, to exert the full amount of his personal influence in private and social circles against the institution of domestic slavery. His example was followed by a large number of his preachers, and many ministers of other Christian denominations, who imbibed the same doctrine and were animated by the same spirit of hostility to the institution; and who, like himself, were only held in abeyance by the same force of public opinion. Many politicians, also, there were, from time to time, who did not scruple to avow Mr. Jefferson’s doctrine, and like him affect to foresee dreadful calamities overhanging the country as a consequence of domestic slavery. In view of these facts, it cannot be a matter of surprise that abolition opinions and sentiments should pervade the non-slaveholding sections of the country; and that at least a private but painful impression or suspicion that there must be something wrong in the principle of domestic slavery, should be found to pervade a portion even of the Southern mind. Reluctant as we may be to admit the truth, necessity compels us to do so. Let the following facts bear witness.
No communities on earth are so free from domestic insurrections, and the disturbing influences which come up from the lower orders of society[Pg 18] as those of the Southern States of this Union. The social condition of England and Ireland, and the states of the continent of Europe, are perpetually subject to the disturbing and ruinous influence of local, and often widely spread, insurrectionary movements against the social order, and even the safety of the governments. Nor are the Northern States of this Union any more free from these agrarian movements, than may be accounted for by the relative sparseness of their population. Yet a general feeling of security pervades all these people, whilst it is notorious that there are a great many in Southern communities who are in a constant state of feverish excitement on the subject of domestic insurrections. Any announcement of that kind is sufficient to convulse a whole community. The trifling affair of Nat. Turner (trifling compared with the frequent disturbances and loss of life common in the communities just referred to) painfully agitated the whole State of Virginia; and occupied her Legislature through a whole winter in grave discussions as to the “best means of freeing the State from the incubus of slavery.” These results have all followed from the causes at which we have glanced.
In this state of things, it is in vain to appeal to the fact that Mr. Jefferson, though a profound[Pg 19] statesman, and to some extent a logician, was neither a divine nor a metaphysician; and that no people on the globe have shared more largely in the blessings of a bountiful Providence than those of the Southern States of this Union. In the progress of civilization and religion, they have advanced more rapidly than any communities in the country. Still, Mr. Jefferson’s name does not lose its enchantment; and having already learned to despise the unexampled blessings of Providence, many of the Southern people actually believed—until railroad communications began to dispel the illusion—that their own happy States were really falling back in civilization to the darkness of the middle ages. Add to all this, the halls of legislation continue to echo the opinion that “domestic slavery is a great moral, political, and social evil.” In this connection, the phrase, moral evil, is restricted to its appropriate meaning, sin. No doubt, Messrs. Doddridge, Rives, Clay, Webster, and many others—illustrious names!—who have substantially used this language in various connections, only meant to deprecate the evils of slavery in strong terms, that they might propitiate a more favorable consideration of what they had to say in its defence. But if we be correct in the position already postulated, it is quite time our politicians, no less than our ecclesiastics, had[Pg 20] learned to chasten their language on this subject. The fountains of public thought and feeling have, to a great extent, been poisoned: that is, the abstract opinions and religious sentiments of the people have been corrupted and perverted.
The three great Protestant denominations[1] of the country have been torn asunder. The flags of their time-honored unions are trailing in the dust; and they have ceased to operate as bonds to our political union. A secret suspicion of the morality of African slavery in the South, occupies the minds of many of our best citizens—citizens who are at a vast remove from the fanaticism which stigmatizes those who are known as the ultra abolitionists of the country. The great family of Methodists in the District of Columbia, the slave States of Delaware and Maryland, in Western Virginia, and a part of Missouri, retain their connection with the abolition division of the M. E. Church. All along the line of division between the M. E. Church, North, and the M. E. Church, South,—running through Virginia, Kentucky, and Missouri,—the evils resulting from the [Pg 21]conflict and strife of opinions on this subject are daily multiplying. The experiment of abolition fanaticism is progressing; and the souls as well as the bodies of men are in the crucible. It is clear that “whilst we have slept, an enemy hath sown these tares,” in our literature, our politics, and our theology.
[1] The Methodists and Baptists, it is well known, divided directly upon the subject of slavery; and the Presbyterians mediately upon a question of constitutional law; but there is reason to believe that the slavery agitation in the Presbyterian Church precipitated a division, which otherwise would probably have been averted.
Two striking phenomena remain to be noticed and accounted for. Amid all the conflict of opinion and feeling upon this subject,—which was inseparable from doctrines so utterly at war with the practices of the country—a conflict which at an early period found its way into the halls of legislation, civil and ecclesiastical, and has not ceased to the present time to modify the federal politics of the country,—the African population has yielded only to certain physical and moral laws as to the place of its location; whilst the institution of slavery, which embodies the great mass of that population in the country, has held on the even tenor of its way, unchecked in the slightest degree by the antagonistic doctrines and sentiments which have warred so fiercely against it, and which at so many periods have threatened the country with a legion of disastrous consequences. In the first place, the African population has gradually receded to those sections of the Union which, from their climate and soil, were better[Pg 22] adapted to slave labor. Why did not the abstract opinions and sentiments set forth by Mr. Jefferson and the M. E. Church, and which are supposed to have given birth to the emancipation laws of the Northern States, operate to retain within those States the large portion of slave population then held, and secure their practical freedom? Why did they escape the supposed charity of these doctrines, and find their way, not as freemen, but as slaves, to a climate and soil more congenial to their nature and destiny? Are these doctrines real abstract truths, as their advocates profess to believe them to be? Then they are fundamental—they are vital—they are life-giving, and can never fail to impress their own essential character upon every system to which they are applied. The citizens of the Northern States adopted these doctrines. Then it was an affair of conscience. Emancipation laws were said to be the result. But that these laws, supposed to be founded in the belief of certain great abstract truths, which secured to the African his civil freedom, should operate only to transfer him to a climate and soil better suited to his condition as a slave, is a phenomenon for which the hypothesis does not account. And again, the institution itself, of domestic slavery, by reason of causes which are evidently, though mysteriously, at work, is this[Pg 23] day more firmly grounded in the confidence of the great mass of the Southern people, and more extensively ramified and interlocked with other civil institutions of the whole country, than at any former period of its history! How is this? The abstract opinions and sentiments in question, pervading our literature, our politics, and our theology, have been adopted by so many of our citizens as to entitle the doctrine to be regarded as a kind of national belief—the sentiment a kind of national feeling. We are told that all men believe slavery to be wrong in principle; that is, wrong in itself! and that all men feel that it is wrong! And certain it is, there is more truth than fiction in all this! It is strictly true, as to the citizens of the so-called free States. The same doctrine is not without advocates at the South; whilst many more, as we have before stated, who may not be said to believe it, are nevertheless often the subjects of painful misgivings. They fear it may be true. The causes to which we have traced this, fully account for it; and we need not fear to state the truth. But then again, the question recurs—How is this, that the institution itself, a great practical truth, should daily, for a long series of years, become more and more practical—a fixed fact in the country? Truly, this is a phenomenon for which the philosophy of the day will not[Pg 24] account. If those who believed this doctrine were ruthless fanatics—ultra abolitionists in the strictest sense—if those who oppose it were really “pro-slavery” men, in the bad sense in which certain persons understand this phrase, that is, men who, on the subject of slavery, wickedly do what they know and feel to be wrong: on either hypothesis we could account for the phenomenon in question. But these are not the men with whom I deal in these lectures. I lay all such out of the account. They are men not to be reasoned with. No: the men of whom I speak, both North and South, are candid, honest men. I personally know many of them at the North. I have met them on great battle-fields, where more than blood was shed! I know them to be good men and true, and I believe the same of the large class they represent. With many of those at the South who affiliate with them in opinion as firm believers in Jefferson’s doctrine, or whose embryo opinions excite painful misgivings of mind, I have often communed freely, and have equal confidence in their integrity and honesty. The whole taken together form a very numerous class, and may be safely regarded as embodying the national belief and feeling on the subject of slavery. And yet we find that slavery is a great practical truth, a fixed fact in the country. Now, can it be true[Pg 25] that this opinion and feeling embodies a great abstract truth—a fundamental, vital, immutable principle, which never did and never can fail to hold practical error in check, because it takes hold of the conscience of an honest people—and whose tendency, therefore, is always to an ultimate practical triumph, with all those who honestly receive it? We dare not affirm this.
It is not mere belief, nor is it mere honesty, that produces results in practice; but it is the reception of the truth in an honest heart, which can never fail to result in practice. Now in this case the people are honest, and the people believe; and if it be essential truth which they thus believe, then, we say, the fact that in all those States of this republic in which climate and soil are adapted to African labor—that precisely there the institution of domestic slavery should be rooted in the practice of a large portion of this believing and honest people, and that it should strike its roots into the federal constitution, and penetrate deeper and deeper every year into the legislation of the whole country, and thus implicate more and more the whole mass of this believing people in the sin of it, is a phenomenon, for which the postulate, that it is the truth they believe, does not account—nor can it be made to account.
A false principle may be believed to be the truth.[Pg 26] And a false principle believed, has its results, because it is believed; and they very much resemble the results of truth believed. But we dare not admit that error can take hold of the conscience as pure principle, essential truth will do it. But, again, there is another great psychological fact, which is often overlooked. A false principle may be honestly believed by minds which, at the same time, adopt antagonistic principles that are essential truths; but, owing to various causes calculated to confuse the ideas, the inconsistency is not perceived. Now, in such a case as this, the principle of essential truth is really brought into practical antagonism with essential error, and that in the same minds and upon the same subject. And as truth is more powerful than error in the minds of all honest people, the truth holds its way in practical results, in defiance of false principle, which is relatively powerless in the presence of truth. The antagonism between the false principle and the practical results of things may be perceived and acknowledged; whilst the antagonism of the false principle with the true principle, which underlies and produces these practical results by a law of its own operation, is not only not perceived, but actually denied to exist. Now so long as this false principle is honestly believed to be true, and clearly perceived to be in conflict with the practice,[Pg 27] but not perceived to be in conflict with other and more latent principles, which are in themselves truths, and admitted to be truths, and which produce this practice, just so long will this false principle wage war, by the simple law of belief, against this practice. But as this war is not sufficiently potent to overturn this practice, because it is founded on the belief of principles true in themselves, the practice will remain; and so long as this false belief remains, the strife with the practice must remain. Hence, if this be the state of the public mind in this country on the subject of African slavery, and it find no efficient remedy, we can see nothing awaiting us but interminable strife—men against themselves—the country against the country! We forbear to sketch the future.
But, young gentlemen, I submit if this psychology may not furnish a solution of the phenomena I have brought to your notice, and also a remedy against that otherwise interminable strife which has already done so much to impair the moral power and blight the fairest hopes of the country. May it not be that in admitting the great abstract doctrine of Mr. Jefferson, that the principle of African slavery is, per se, sinful, and that, as such, the attributes and providence of Deity are opposed to all who practice it, we have most[Pg 28] unwisely admitted a false doctrine? And as this false doctrine, though honestly believed by a number sufficiently large to designate it as the national belief and the national feeling, has utterly failed to abolish or even to modify the institution of African slavery, does it not afford a strong and clear presumption, to say the least, that this system which has held unbroken dominion over the African race in this country for over two centuries, and which continues to strike its roots deeper and deeper into all the relations of society, North and South—that this system, so potent in practical results, and so heedless of the fierce war that is waged against it, is, after all, underlaid somewhere by a vast mine of principlespure essential truths—which are firmly rooted in the belief of all civilized and honest men, and which, all along, have imparted a spontaneous being and activity to the system, and will continue to do so perhaps as long as any considerable portion of the race shall remain in the country?
If this hypothesis shall prove true, the sovereign remedy for the otherwise interminable strife, so potent for mischief, is at hand. Let us then free ourselves, let us free the country, of the dominion of Mr. Jefferson’s philosophy, because it is false. In doing this, we shall terminate the conflict which now rages with so much violence. We shall be[Pg 29] free to address ourselves to any modifications in the system of African slavery which may be demanded to adapt it to the progress of civilization.
Regarding the whole subject in this light, the duty of thoroughly investigating it seems to me to be laid upon the country as a moral necessity. It is useless to talk of “delicacy and humiliation,” in the presence of such fruits as a false philosophy has already borne plentifully throughout the land.
As your chosen instructor, I owe you a service. I dare not give up your minds to the dominion of Wayland’s Philosophy, (your text,) nor to any other text on this subject, now known to the country. I propose to lead your way in exploring the mine of truth which we may assume to underlie the system of African slavery. We may look with confidence to reach these results:
1. That the philosophy of Jefferson is false, and that the opposite is true, namely, that the great abstract principle of domestic slavery is, per se, right; and therefore it is not in the use but in the abuse of this principle that we are liable to sin, and thereby incur the Divine displeasure.
2. That we should have a Southern literature. Our schools must be supplied with correct text-books on this subject. The poison which our texts now contain must be distilled from them by the learned of the land. The Church should not[Pg 30] only right herself as she has done in the South, but her voice should be heard in the pulpit enforcing right principles, as well as right duties, upon this subject. Truth is at all times intolerant of any abuse. Her voice should certainly be heard under circumstances so urgent as the present. It is due to many in Southern communities whose minds are, more or less, disturbed by the long-continued abuse of the pulpit, and the social influence of mistaken ministers of religion in private life. It is due to the interests of our common country. We have lost much already in suppressing the truth. We have much to gain by boldly asserting her claims—for “truth is great, and will prevail.”
“Truth crushed to earth will rise again:
The eternal years of God are hers;
But Error, wounded, writhes in pain,
And dies amid her worshippers.”

[Pg 31]

LECTURE II.
THE ABSTRACT PRINCIPLE OF THE INSTITUTION OF DOMESTIC SLAVERY.

If the system be sinful, per se, the sin of it must be found in the principle—Is the principle sinful?—The principle defined—Objections to the term submission answered—The effect of Mr. Jefferson’s doctrine upon many conscientious persons in the Southern States.
I now propose to enter directly upon the inquiry, Is the institution of domestic slavery sinful? My plan will make it necessary, in this lecture, to limit the inquiry to the principle of the institution. If the institution be sinful, it must be so either in the abstract principle it involves, or in the specific form under which it embodies that principle, or in both. In either case, Mr. Jefferson’s doctrine is verified; for if the abstract principle be wrong, then the institution which envelops the principle, and from which it derives its character, is of course wrong. It certainly is never right to act upon a wrong principle. Injustice,[Pg 32] as a principle, is confessedly wrong in itself, according to the ideas of all mankind. No form which an action can take will make it right, if it proceed upon an unjust principle. Hence, no circumstances can justify any man in knowingly doing an act of injustice. If the institution of domestic slavery envelops the idea of injustice, or any similar element, as its generic or abstract principle, in such case it would certainly be wrong both in principle and in practice; that is, wrong in itself; and we should, without scruple, abandon the controversy. But a similar conclusion will not follow from a contrary proposition; that is, it will not follow, that if the abstract principle of the institution be right, the institution itself is right; because the truth of a conditional proposition does not turn on the hypothesis, but on the consequent, as both true in itself and dependent upon the antecedent condition. That this is not the case in this instance is developed by the fact that the affirmative proposition involved in this conditional is, in itself, an absurdity, viz., “An abstract principle of action being right, the action itself is right.” This is absurd. For instance, justice, in itself, is a right principle of action, according to the ideas of all mankind; but it does not follow that all actions which proceed upon the principle of justice are right actions. A. justly[Pg 33] owes B. one hundred dollars: now, to enforce the payment of this money would be in itself a just act, because the money is honestly owed by A.; but if, in doing this, B. should take the last bed from under the wife and children of A., and deprive them of the last morsel of bread, the act itself would be a very wicked one, and he would be judged by mankind as but little less guilty than a highway robber, because this is a case in which the claims of benevolence march before the claims of mere justice. Not to respect the claims of benevolence in such a case is to act upon the principle of pure selfishness. This act, then, would envelop also a wrong principle—selfishness; and it is the nature of a wrong principle to spread the hue and poison of guilt over every act into which it enters. Truth, and its opposite, as principles, are striking examples. If we speak at all, we should speak the truth. Every utterance into which, in its proper, generic sense, the lie enters, even in the least degree, is a poisoned act; and he who does this, is to that extent a basely wicked man, however smooth his tongue or winning his manners. Guilt has poisoned his utterance; and if this vice be not speedily arrested in its progress, it will spread itself through the whole mass, and break down his entire moral constitution. But it does not certainly follow that all utterances which[Pg 34] are in themselves truths, are right utterances. There are many facts, to which, if we were to give utterance, we should only speak the truth, but at the same time we all know that they should lie buried (perhaps for ever) in the depths of our own hearts. To injure our neighbor by speaking the truth when no claim of paramount justice demanded it, and the claims of charity or kindness forbade it, would be a wicked act. For a child in a similar way to injure a parent would be the conduct of a demon. All such acts, though they envelop a right principle—truth—do at the same time envelop a wrong principle—malevolence; and it is the nature of wrong principle to stamp every act into which it enters with the character of guilt—it is wrong.
The conclusion we reach is this: If the abstract or generic principle of an action be wrong, the action itself is therefore wrong; but that, if the abstract principle be right, it does not follow that the action is therefore right, but that the action itself is either right or wrong, as may be determined by the presence or absence of certain other coincident principles; or, as we usually say, as may be determined by the circumstances.
If, then, the abstract principle of the institution of domestic slavery be wrong, the institution itself is wrong, and ought to be abolished; but if[Pg 35] the principle be correct, the institution itself is or is not right, just as the circumstances of the case may or may not require that it be maintained; as in the case of any other act involving correct principle. The points to be settled, then, are—
I. Is the abstract or generic principle of domestic slavery right or wrong? And if it be right, then,
II. Is the system (so far as it is a system, simply) of domestic slavery, enveloping this abstract principle, justified by the circumstances of the case? If so, the system itself is also right. Whether many slaveholders or few, or any at all, are themselves doing right in the exercise of the legal functions of that relation, are questions foreign from the present inquiries, even on the hypothesis that the system itself is right. Their conduct, be it right or wrong, (and in many cases it is right, and in many others it is no doubt wrong,) does not at all affect the truth or error of the questions now before us. It is not with the conduct of individual men that we now deal; but with the act of that great being, the State—the system of African slavery established by law in the country—and with that profound principle of truth or error which not only makes it a system, but makes it a right system or a wrong system, as the case may be.
[Pg 36]
The philosophy which prevails on the question before us has originated two schools—the abolitionist and the anti-slavery. The abolitionist maintain that the abstract principle of the system is wrong, and that therefore the system itself is wrong under all circumstances. The anti-slavery school agree with the abolitionist that the principle is wrong, but divide among themselves as to the conclusion they draw. Some hold that the institution itself is not wrong under all circumstances, and that therefore slaves may be held under it in given cases without guilt; and others, that the institution is wrong in itself, and should be abolished by the State, but that the holding of slaves under this wrong system is not an act in itself wrong in all cases.
A strict analysis of the subject will show that here is a strange medley of principles and conclusions. I shall be found to agree with each, and to disagree with each. I disagree with both on the abstract principle. Hence, I disagree with the abolitionists on the whole proposition. But I agree with the abolitionists that if the abstract principle be wrong, the institution is wrong in all cases. I say with them that all who grant the antecedent of this conditional are bound to admit the consequent. Hence I disagree with the anti-slavery school in admitting that the principle is[Pg 37] wrong; but in so far as they admit that the system may be right under given circumstances, or that slaves may be held under it without guilt, we agree. I stand, therefore, committed to the affirmative of the question, both in regard to the principle and to the institution, and hence proceed to discuss the question:
I. Is the abstract principle of domestic slavery right or wrong?
I have already noticed that the public mind has been so long abused on this subject, that it is usual for highly intelligent persons, who have no idea of affirming that the slaveholder is necessarily a sinner, to allow that slaveholding is wrong in principle. But this, to say the least, is a strange abuse of terms. The right or wrong of an action, in itself considered, is determined by the principle which it envelops, and the moral character of the actor is determined by his intention in the performance, or by his voluntary or involuntary ignorance of the principle. It is reasonable, therefore, to infer that the public attach no well-defined meaning to the phrase, the abstract principle of slavery. Its definite meaning, however, is indispensable in this investigation; and, indeed, on all occasions, if we would speak correctly, and avoid a misapplication of this term.
[Pg 38]
What, then, is the principle of the system of domestic slavery?
Observe that it is the principle for which we inquire. What, then, is the system itself? For (to speak with strict philosophical propriety) our idea of the system is the chronological condition of our idea of the principle, as our idea of the principle is the logical condition of our idea of the system. We must perceive an action before we can determine what is the principle of it, although we must have an antecedent knowledge of the principle before we can determine what character that principle gives to the action.
The system is made up of two correlative relations—master and slave. Here there are but two ideas—the idea of master and the idea of slave, as correlatives. These are all the ideas that enter into the system, as a system merely. Whatever abstract principle, therefore, this system envelops, is to be found in these two terms. It need not and should not be sought for anywhere else; for these two relations make the whole system. Without these it could not be a system of slavery; and with these, it is therein, and in virtue of that fact alone, a system of slavery. The answer to the question depends upon the meaning of these terms alone. What, then, is the correlative meaning of these terms?
[Pg 39]
Master. The Latin is magister, compounded of the root of magis, major, greater; and the Teutonic, ster, Saxon, steoran, to steer.” The word, then, signifies a chief directorone who governs or directs either men or business. The leading idea is that of governor by his own will.
Slave. The derivation of this word is not a settled question. There is no difficulty, however, in fixing the meaning—one who is subject to the will or direction of another.
As a concrete, master means one who is governing in some particular instance or form by his own will; and slave, one who is so governed in some particular instance. But these are abstract terms. The ideas they convey may be conceived and held in the mind, apart from any particular application of the one or the other. And whether they are considered as abstract or concrete terms, they are correlatives—the one implies the other.
A system of slavery is a state or order of things established by law or custom, in which one set of men are the masters to a given extent, and another are the slaves to that extent.
Domestic slavery is an instance in which the order or state of things constituting the system itself, is made a part of the family relation. The head of the family is the master, and the slave is subject, as to the use of his time and labor, to the[Pg 40] control of the master, as the other members of the family. Domestic slavery, therefore, is one of the forms of the general system of slavery. The system has existed under various forms. The ancient system of villanage in England, of serfdom in Russia, the peon system of Mexico, as well as domestic slavery in the United States, are all examples of slavery proper. This leads us to remark that the terms master and slave are not only abstract but general abstract terms: general, because the abstract ideas they convey are common to each of these conditions. Each of these systems is pervaded by generic principles or ideas, which classify the whole as belonging to the same genus—system of slavery. The abstract principle of slavery is therefore the general idea, which is enveloped alike in each and every form or system of slavery. Hence, as the abstract idea of master is governing by one’s own will, and that of slave is submission or subjection to such control; and as a system of slavery is a condition into which these ideas enter in correlation—it follows that the abstract principle of slavery is the general principle of submission or subjection to control by the will of another. This is the fundamental idea which is common to every form of slavery. No condition into which this does not enter as a fundamental idea is a state of slavery. Every condition[Pg 41] into which it enters is a state of slavery to the extent in which it does so enter.
Submission or subjection to control by the will of another being our definition of the abstract principle of the system of slavery, two questions arise: First—Is this a correct definition? and second—If it be correct, is it a sound, legitimate principle, which may and ought to be adopted in practice, whenever it may be wise to do so?
First—Is the definition correct?
Subjection is the being put under the control of another. Submission is the delivery of one’s self to the control of another. The one implies the consent of the will, and the other does not. That subjection is an idea which fulfils the condition of slavery will not be disputed by any. Hence our definition is sufficiently wide to embrace that which is conceded by all. But our definition gives much greater breadth to the principle. It takes in submission as well as subjection. It assumes that the willing or the nilling of the subject of this form of control does not necessarily enter into the principle which logically defines it. He who is subjected to such control is a slave; and he who submits to such control is not the less so. This principle might therefore be still further generalized—control by the will of another, with its correlative idea submission or subjection only implied.[Pg 42] But we prefer to define it in the terms employed, as being more likely to be appreciated in the sense intended. Are we correct in giving this wide compass of meaning to the principle in question? Do we assume too much when we say that a man is not the less a captive, and subject to the control of the captor, because he voluntarily gives himself up as such? Is a man then the less a slave who voluntarily consents to be controlled by the will of another? The popular use of terms in all languages shows that mankind have conceded this point. They all apply the idea of slave to such a case. Nay, more, they furnish a constructive meaning of the term based upon this meaning. They call a man a “slave to his passions,” who has voluntarily given himself up to be controlled in his future volitions by his passions as the subjective motive of his actions. “No bondage is more grievous than that which is voluntary,” says Seneca. “To be a slave to the passions is more grievous than to be a slave to a tyrant,” says Pythagoras. “No one can be free who is intent on the indulgence of evil passions,” says Plato. And Cicero says, “All wicked men are slaves.” St. Paul, Rom. vi. 16, uses the term in the same sense, and with the greatest propriety: “Know ye not that to whom ye yield yourselves servants [δούλους, slaves] to obey, his[Pg 43] servants [slaves] ye are to whom ye obey; whether of sin unto death, or obedience unto righteousness?” (See Dr. A. Clarke, in loc.) And again, Ephesians vi. 5-7: “Servants, [δοῦλοι.] be obedient to them that are your masters according to the flesh, with fear and trembling, in singleness of your hearts as unto Christ: not with eye-service, as men-pleasers, but as the servants of Christ, doing the will of God from the heart; with good will doing service, as to the Lord, and not to men.” Doing the will of God—with good will. We must certainly understand that it was the duty of those slaves to give both assent and consent to their condition, as a thing coming to them in the order of God’s providence, and pleasing to him; and therefore serve their masters with the same willing obedience, because therein they were serving the Lord. For these persons, we may suppose, were originally made slaves by subjection. They are exhorted to submit themselves not only to the particular commands of their masters, but also to their providential condition. The commands of their masters might be obeyed from mere prudential considerations. In this case, their obedience would be without the religious element. Paul exhorts them to religious obedience. Many, no doubt, obeyed: gave the consent of their wills, as they gave the assent of their[Pg 44] understandings; and hence, cheerfully submitting to their providential condition as from the Lord, they obeyed their masters “in singleness of heart, as unto Christ.” They submitted, as any other good man submits, with consent as well as assent to his providential condition, and goes forth to the duties of that condition with a cheerful heart. Their condition was therefore changed from that of subjection to one of submission, and for as long a time as God might be pleased to continue it. Did they, by reason of such submission, cease to be slaves? Certainly not. They were slaves when in a state of subjection. They were not the less so when, from the high Christian motives commanded by the apostle, their condition was changed to one of submission. Be this, however, as it may, the following case is decisive of the whole question. The ancient Jew, who gave himself into slavery, was not the less a slave because he did it voluntarily; and the Mosaic law provided that such should be held and treated as slaves in perpetuity. See Exodus xxi. 5, 6: “And if the servant shall plainly say, I love my master, my wife, and my children: I will not go out free; then his master shall bring him unto the judges: he shall also bring him unto the door, or to the door-post; and his master shall bore his ear through with an awl; and he shall serve him for ever.”[Pg 45] Thus the law of God made a man a slave who became so by his own voluntary act. A state of submission, therefore, to control by the will of another, is no less a state of slavery than a state of subjection. If the state itself be one of slavery, the idea, submission, which makes it so, is in this case an element of the system. Hence, the true philosophical definition of the principle, as before stated, is control by the will of another, with its correlative (subjection, or submission, as the case might be) implied. It may be the one; it may be the other; and whichever it is in a given case, is the mere logical accident of that case, and does not at all affect the principle itself.
As the whole of the abstract idea of the system of slavery is to be found in the terms master and slave in correlation; and submission and subjection to control by the will of another is the whole idea contained in the correlative sense of these terms, (certainly nothing more and nothing less,) the definition given is the whole, and nothing more, of the abstract principle of the institution. Whoever is in this condition is to that extent a slave. Whatever system envelops this principle—it matters not what form it may take, what coincident principles it may include, or what name may be given to it, or how far the practical working of this principle may be modified—it is nevertheless[Pg 46] to the extent that this principle enters into it a system of slavery. It may be a wise system, because it is a necessary means for the accomplishment of some desirable end; or it may be an unwise system, because it is a means unsuited to the end proposed. But neither hypothesis will at all affect the principle. That is the same in the one case as in the other; that is, whether it be abused or properly used, the principle itself is the same. But can it be properly used at all? This leads to the second inquiry—Is this a sound, legitimate principle, which may and should be adopted in practice whenever it may be wise to do so?
We need not scruple to admit that if injustice or any similar idea should be found to enter as an element into the abstract principle, it is a poisoned principle, upon which no honest man will allow himself to act. But is this the case? Doubtless, there may be injustice in slavery, as in every system which has persons for its subjects: that is, any master acting under the authority of this system may perpetrate great injustice; but we maintain that when he does so he introduces a principle foreign to the system, and for which he is individually responsible: he does that which mars the character of the whole performance, and stamps his own personal conduct with the guilt of injustice.
[Pg 47]
However carelessly many persons are accustomed to speak on this subject, yet we may assure ourselves that a little reflection will satisfy any candid mind that the principle is a legitimate one, and cannot with any degree of propriety be regarded as sinful. It will readily occur to all intelligent minds, that this principle enters more or less as an essential element into every form of human government. No government can be appropriate to human beings, in their present fallen condition, that does not embody this generic element in a greater or less degree.
A form of control, clearly embodying the idea of government, and at the same time conferring absolute freedom, is a solecism. If men would uniformly govern themselves aright by their own wills, there could be no necessity for government, or room for its exercise, at least in the sense in which we now understand the term. A government adapted to such a people, I allow, might be without the element of physical control, so indispensable in human governments. It would be (compared to human) a modification of government—if government it might be called—for which our language supplies no term. We cannot conceive it to be appropriate to any intelligences this side of the “spirits of just men made perfect in heaven.” These, we conceive, are sufficiently[Pg 48] intelligent to understand clearly and correctly all the duties appertaining to the various relations they sustain, and so perfected in moral feeling as to fulfil these duties from the impulses of their own spontaneous volitions. Government, as it may be understood and applied to such intelligences, must be essentially different from that which is appropriate to beings of arbitrary volition; and who, therefore, should be held to accountability in the exercise of their freedom by the most rigid restrictions from penal sanctions. To these latter a government that did not embody the principle of slavery would be no government at all.
Authoritative control, with its correlative, (according to the more general classification given,) is the abstract principle of slavery. But a state of freedom is the opposite of a state of slavery. The abstract principle of a state of freedom or liberty is, therefore, the opposite to that of slavery. Hence self-control is the abstract principle of freedom, as its opposite—control by another—is the principle of slavery.
Now every government adapted to fallen beings whose personal or mental liberty consists in arbitrary volition, is necessarily a combination of these two opposite elements—the principle of freedom and the principle of slavery. Either of these entering alone into the system of government,[Pg 49] would in the end defeat the legitimate object of government—the happiness of the people. If the government were based upon the principle of freedom alone, allowing every man the unrestricted liberty of self-control, the wildest anarchy would result: if to avoid this the opposite principle should be adopted, allowing no liberty of self-control, but subjecting all to control by the will of another, it would be found as impracticable as the other was disastrous, and, as far as successful, only appropriate to idiots and infants. A good government is such a harmonious union of these opposing elements, as adapts it to the wants of the people. For as, in chemistry, elements in opposite states of electricity unite and form valuable compounds, so in political science, antagonistic principles enter necessarily into the composition of government. The character or kind of the government is defined by the ratios in which these elements enter into its formation. If the principle of slavery enter very largely into the government, in a highly consolidated form, it is then an absolute monarchy or military despotism. If the exercise of this supreme power is distributed among the heads of families, it assumes the patriarchal or domestic form. If this principle enter in a less degree, but still in a much greater degree than the principle of self-control, some one of the[Pg 50] forms of constitutional monarchy or hereditary aristocracy will result. If these opposite principles enter into the government in somewhat equal ratios, it is then a democratic republic—a well-balanced government—such as ours is designed to be. Hence we see that God has rendered the blessing of civil freedom inseparable from the presence and operation of the principle of slavery. Such is the present arrangement, that government can no otherwise secure freedom to its subjects than by abridging them to a certain extent of self-control; or, in other words, government must place its subjects under the operation of the principle of slavery in some things, the more effectually to secure their practical freedom in other things. And the citizen who may be determined not to submit to this order of things, and shall persist to do, from the action of a depraved will, what the State—his master—says he shall not do, will, sooner or later, find himself reduced to a condition of most abject slavery, within the walls of a public prison.
It is entirely obvious that a government, to secure the highest amount of happiness to its subjects, must be adapted to their social and moral condition. This adaptation, as before intimated, can only be effected by the ratios in which the antagonistic elements of liberty and of slavery shall[Pg 51] enter into the composition of the government. Now this is virtually the position, after all, of a no less distinguished abolitionist and literary man than Dr. Wayland, the author of your text. On the subject “of the mode in which the objects of society are accomplished,” after bringing to view the different forms of government—“wholly hereditary”—“partly hereditary”—“partly elective”—and “wholly elective”—he asks, “Which of these is the preferable form of government?” and adds, “The answer must be conditional. The best form of government for any people, is the best that its present moral and social condition render practicable. A people may be so entirely surrendered to the influence of passion, and so feebly influenced by moral restraint, that a government which relied on moral restraint could not exist for a day. In this case a subordinate and inferior principle yet remains—the principle of fear; and the only resort is to a government of force, or a military despotism.” Now what is all this but a statement of the great truth which we have already discussed, only in different terms, that a government over a people, in the moral and social condition described by Dr. Wayland, which relied upon “moral restraint,” that is, upon the principle of self-control, “could not exist for a day;” and that for such a people, “the only resort is to a government of force, or a[Pg 52] military despotism”—that is, the highest conceivable form or system of slavery. Now this is said, by Dr. Wayland, after waging a relentless war against both the principle and practice of slavery! Is not this an instance in which a great and honest mind, having adopted certain false notions in antagonism with the system of slavery, wars against this system; whilst, at the same time, this system is underlaid, even in his own method of reasoning, by a vast mine of fundamental principles which, in spite of him, give it both being and activity? Why need one so learned as Dr. Wayland allow the truth to escape his notice, because in one connection it wears the livery of one form of words, and in another connection very properly assumes the livery of a different form of language?
To proceed: History informs us of many such communities as those defined by Dr. Wayland, to which any other form of government would be entirely inappropriate but the one he calls a “government of force or a military despotism,” which is none other than the very highest form of slavery. And your own good sense, young gentlemen, must assure you that it would be grossly absurd to confer on reckless boys of fifteen, or a mass of stupid pagans, all the rights of free citizens of this great republic. No: the one class should be retained under the slavery (for let[Pg 53] us not scruple to call things by their right names) of authoritative control by their parents; and the other should be subjected to the operation of the same general principle by the State. And to adopt Dr. Wayland’s own language on this point—suicidal as it is to him—we add, in regard to such citizens as are “entirely surrendered to the influence of passion,” that “after a government of force has been established, and habits of subordination have been formed, while the moral restraints are yet too feeble for self-government, an hereditary government, which addresses itself to the imagination, and strengthens itself by the influence of domestic connections and established usage, may be as good a form of government as they can sustain. As they advance in intellectual and moral cultivation, it may advantageously become more and more elective; and in a suitable moral condition, it may be wholly so.” Now, to vary the language in which these important facts are expressed, so as to bring out the great philosophical principles which so evidently underlie them, we would say, that when the government adapted to an ignorant and depraved people has operated under wise appliances to form habits of subordination among the masses, a modification of the elements of government is indicated as best suited to their condition. Some one of the forms of[Pg 54] hereditary government may be adopted. In this government, the principle of slavery is made to operate less actively, and there is more room for the play of the opposite principle of self-control. But as the moral principle is yet too feeble for self-government proper, it is still held in strong check by its antagonistic principle—the principle of slavery. As they advance in intellectual and moral cultivation, a further modification of the relative operation of these principles is indicated as proper. It may become more and more elective: that is, more and more of a democratic republic; and in a suitable moral condition it may be wholly so: that is, a government in which the principle of slavery and the principle of liberty operate in about equal ratios. We call this a well-balanced government. If it fulfil this condition, it is because these opposing principles so check and counterpoise each other that the government is not likely to be unbalanced. One holds the other in equilibrio. The principle of self-control is in such vigorous operation among the masses, and so craned up to a vigilant activity by coincident forces derived from intelligence and interest, that the principle of slavery—control by the will of another, which in this instance is the will of the majority—is not competent, according to the theory of this government, to override and crush the[Pg 55] liberties of the country. On the other hand, the principle of slavery, which is the great practical force of the government, enfeebled as it is by a prevailing popular enthusiasm for the widest freedom, and deriving no present aid from interest, finds this deficiency so fully supplied by the fact that its impersonation is the will of the majority, that it is competent to resist the most violent shocks which may come up from the misguided self-control of the masses. How often have we seen, in the history of our glorious republic, the excited passions of the masses, misdirecting their power of self-control, sweep like a hurricane over the bosom of our political sea, and lash the waters into a storm that threatened to engulf the hopes of the nation! But so vital and so active was that principle which constitutes the true force of the government, that that great ideal, the State—the “Ship of State!”—outrode the tempest in perfect safety; and last, as first, the flag of liberty still streamed from the mast-head.
Now, this is as far as the science of free government, so called, has been carried into practical operation; and in this we cannot fail to see that the restraining and controlling principle of slavery is still in vigorous operation. We call it, by way of eminence, a free government; and so it is, relatively to other forms, a very free government. But[Pg 56] then it is only relatively, not absolutely, so; for if it were rendered entirely free, by excluding the operation of the principle of slavery altogether, it would be reduced at once to a form of government which authorizes every man to do in all things and in all respects just as he might please to do—a guaranty which in the present state of fallen human nature it could never make good, and, therefore, virtually it would be no government at all.
Seeing that the abstract principle of slavery enters necessarily and essentially as an element into every form of civil government, it is worse than idle to affirm that it is wrong, per se. But more than this, it has the sanction of Jehovah: for government, of which we have seen it is a necessary element, is expressly declared in Holy Scripture to be his ordinance. It entered largely into the theocracy by which he governed the Jewish nation; and indeed is equally prominent in the government which he exercises over all mankind, if we take it in its wide sense as comprehending the ultimate rewards and punishments that await us in a future state. How imbecile then is it to say of the system of slavery that it is wrong in the abstract—wrong in principle! How little do men consider what they affirm in this declaration! Certainly no man in his senses[Pg 57] will gravely affirm of an essential principle of government that it is wrong! We repeat, then, it is really time that certain politicians, as well as ecclesiastics, had learned to chasten their language on this subject. They have already accomplished incalculable mischief. They have conceded that to the folly of fanaticism which, if it were true, would render domestic slavery, with every other form of civil government, wholly indefensible, and their supporters the objects of the pity and scorn of the civilized world.
There are many among ourselves who, though they are not sufficient metaphysicians to detect and expose the error of a conclusion, are sufficiently candid to admit that if the conceded dogma of Jefferson be true, domestic slavery can never be justified in practice by any circumstances whatever; and they have pious feeling enough to prompt them to great hesitation in supporting the institution in view of this admission, although they are pressed to do so by circumstances of urgent duty to the slaves themselves. In this state of things there arises in many sensitive minds a most painful state of feeling. Pressed on the one hand by what is assumed to be correct principle, and on the other by the claims of a high moral necessity,—the necessity of governing and providing for their slaves, which they erroneously suppose to[Pg 58] be in conflict with right principle,—they really find themselves in a most embarrassing situation, from which they sigh to be released. Many such have quietly retired from the State of their nativity and choice as their only alternative. (This may account for more of those removals, usually attributed to worn-out lands, than many of our politicians wot of.) Others remain, it is true, but it is rather an act of subjection than submission. Citizens of this class (and it is not a small class) are of course always liable to become the victims of any fanatical movement on the subject of slavery that may be afoot in the land. To all this mischief, the speakers and writers in question have contributed their full share. Yea, for myself, I doubt not they have contributed much more to dissatisfy the religious community of the South—the large majority of the whole population—than all the abolitionists of the North put together. It is doubtless the magic of their names which at present enables the M. E. Church (the most regular and well-defined anti-slavery, if not indeed abolitionist, association this day existing in the country) to maintain its footing in the District of Columbia, the States of Delaware and Maryland, and along the northern border of Eastern and through a large part of Western Virginia, together with a portion of Kentucky and Missouri.[Pg 59] It is the authority of their names, also, which so disquiets the feelings of many good people in the whole country as to make them the victims of the political legerdemain of certain politicians, who, under cover of “free-soilism,” “fugitive slave law,” and “Nebraska” excitements, are overriding their rights and insulting the whole country before the civilized world; and who, last though not least, are daily oppressing the African population by the incubus of a morbid sensibility in regard to them, which utterly prevents the system under which they live from any thing like a reasonable participation in the progress of civilization. In view of these facts, we again assume that it is really time they had learned to chasten their language on the subject of African slavery. Public opinion in the whole country must soon become intolerant of so great an abuse of the truth.

[Pg 60]

LECTURE III.
OBJECTIONS CONSIDERED.

Objections classified—Popular views discussed—“All men are born free and equal”—“All men are created equal”—“All men in a state of nature are free and equal”—And the particular form in which Dr. Wayland expresses the popular idea, viz., “The relation in which men stand to each other is the relation of equality; not equality of condition, but equality of right”—Remarks on Dr. Wayland’s course—His treatise on Moral Science as a text-book.
It is now appropriate to consider some of the speculations in Moral Science which may be supposed to invalidate the position discussed in the preceding lecture. As far as they have come under my notice, they all belong to one class. The general objection may be thus stated: Slavery is an abridgment of rights to which the enslaved are entitled by nature; or, more logically, slavery is an abridgment of inalienable rights. This doctrine is expressed in different forms of language, but is essentially the same in meaning. It is with the[Pg 61] popular view of this subject that I propose to deal in this lecture. Hence I shall restrict my remarks, in the first place, to the objection as it usually exists in thought, and notice several popular forms of expression:
1. “All men are born free and equal.”
Until within a few years past, this dogma was stereotyped in all the text-books of the country—from the horn-book to the most eminent treatise on Moral Science for colleges and universities. From the days of Jefferson until now, it has been the text for the noisy twaddle of the “stump-politician,” and the profound discussions of the grave senator in the Congress of the United States. If this dogma, as it generally exists in thought, be true, it will follow, that any and every abridgment of liberty is a violation of original and natural right—that is, inalienable right. Hence every system of slavery must be based upon a false principle. The popular sense in which this language is generally understood, from father to son, is evidently the literal sense. But taken in this sense, the doctrine is utterly false. For men are born in a state of infancy, and grow up to the state of manhood; and infants are entirely incapable of freedom, and do not enjoy a particle of it. They are not, therefore, born equally free, but in a state of entire subjection. They grow up, it is[Pg 62] true—if they be not imbeciles—to a degree of mental liberty, that is, the liberty of arbitrary volition in the plain matters of right and wrong, and hence are accountable; but the degree of this liberty, or how far they are thus mentally free, depends upon the accident of birth, education, and numerous coincident circumstances, which destroys all equality of mental freedom; and as to equality in other respects, it is scarcely a decent regard to the feelings of mankind to affirm their equality. They are not physically equal. No two men will compare exactly in this respect. They are not politically equal. The history of all human governments, throughout all time, shows this. To be “hewers of wood and drawers of water,” in unequal and subordinate positions, to the few, has been the lot of the great mass of mankind from the days of Adam. But, says the “socialist,” (to whom the doctrine is far more creditable,) “this latter is precisely the state of things we deprecate, and affirm that such was never the intention of Deity, but that it is his will that there should be no such inequality among men; that his will is in itself the right; and what it is his will we should be, it is right for us to be, and it is our right to be; and that system which makes our condition other than this, deprives us of our rights.” This is the philosophy of socialism.
[Pg 63]
Now it is true that much of the inequality of condition among men is owing to an abuse of the superior power which intelligence confers upon the few; but this admission does not advance the cause of socialism. For if it were allowed that the will of God is the only rule of right—that is, in itself the right, instead of this, that that which in itself is the right is the will of God—it will not help the argument. For, on this hypothesis, the will of God is the only rule of right, as on the other it conforms to the only rule of right; so that on either, the will of God may be taken as a certain rule of right. What then does he will? In regard to the present subject of inquiry, we can only judge what he wills from that which he has done. Now we have seen that he has not endowed the souls of men with equal capacity, nor has he even placed them in circumstances of providential equality, favorable to an equal development of the unequal capacities he has given them. Superior intelligence is the condition of inequality. Where this exists, there is essential inequality, and practical inequality cannot usually be avoided. Hence superior and inferior, and cognate terms, are found in all languages, and the conditions they represent are found amongst all people. Hence inequality among men is the will of God; and if his will is the rule of our rights, we have no abstract[Pg 64] right to equality. It is rather our duty to submit to that inequality of condition which results from the superior intelligence or moral power of others. Superior physical power may, for a time, give us the ascendency; but things will find their level. Superior intelligence will ultimately bear its possessor to his destined eminence. A state of oppression is not one of inequality merely. It is one in which superior intelligence has degraded and afflicted those who rank below it, in an inferior condition; or it is an instance in which, by the aid of brute force, those of inferior condition have, for a time, risen at the expense of those of superior intelligence. If we are oppressed, in either of these ways, we have a right to complain, because our oppressors violate the will of God concerning us—violate our rights; but we have no right to complain of inequality merely. Inequality is the law of Heaven. He who complains of this is not less unwise than the prisoner who frets at his condition, and chafes himself against the bars and bolts of the prison which securely confines him!
But if the dogma in question cannot be made to serve the cause of truth, it has often been made to serve the cause of policy. Many there are who have not scrupled to use it as a tocsin to call together a clan, not their inferiors merely, but so degraded in their inferiority, that, for the price of[Pg 65] being honored with the distinction of “free and equal fellow-citizens,” they have been ready as menials to bow their necks to their masters, debase themselves, dishonor the state, and insult Jehovah!
2. “All men are created equal.”
This is only another form in which the social philosophy is pleased to express its one idea. We need only notice the additional error acquired by the change of language. “All men,” it is said, “are created.” It is written in the first of Genesis, that “God created man in his own image: in the image of God created he him: male and female created he them.” The term “man” is, of course, to be understood in its generic sense, and all that is affirmed is, that God directly created Adam and Eve, and all their posterity seminally in them; and from whom, therefore, they have proceeded, as to both soul and body, by generation, and not by a separate act of creation by Jehovah. Now of these two created beings, one was placed in direct and immediate subordination to the other; and although it be true, as it often practically is, that the fall has reversed this order of things, and placed the wife at the head of affairs, still the doctrine of headship, the doctrine of inequality, prevails in the one case as in the other. It is not amiss, however, to remark in passing, that even so great and humble a man as the Apostle Paul[Pg 66] preferred the old-fashioned doctrine: he insists that we observe the original order of things: “I suffer not a woman to usurp authority over the man;” 1 Tim. ii. 12; “but they are commanded to be under obedience, as also saith the law.” 1 Cor. xiv. 34.
As to other points in this dogma, they have been already treated. We only add that philosophy, no less than religion and true patriotism, cannot fail to regret that a dogma setting each of their claims aside, and teaching the purest agrarianism, and that under the most deadly form—the form of pure abstract truth—should have found its way into that immortal instrument, the Declaration of American Independence. We cannot otherwise account for it than by the fact that one of the presiding minds of that great paper had become strongly tinctured with the infidel philosophy of France.
3. “All men in a state of nature are free and equal.”
This is the form of words by which that great man, Locke, involved himself in the doctrine of socialism. The school of philosophy has freed itself of the errors of Locke, and of much of the infidelity of Hume which those errors precipitated upon the world. The error now under notice, in the unsettled political state of France, was seized[Pg 67] upon by the Communists: infidelity and anarchy followed. From them, it was consecrated in an abridged form of words in the greatest state paper that was ever written,—the “Declaration of Independence,”—and incorporated into the popular language of the American people, and, indeed, into that of every people where the English language is spoken. Great and good men, who abhor the folly of socialism, do not scruple to assert that the true theory of all governments is, that they are an abridgment of original and natural rights; forgetful of the fact that it is from the fountain of socialism that they draw their original supply of ideas. Those of the republican type maintain that the government should be founded upon the concessions of the majority, and that any thing else is tyranny. I propose to deal with this idea in a future lecture. I now only consider the dogma in the literal sense—the form in which it exists in popular thought.
Literally, what is the state of man by nature? and, Is he free and equal in that state? We can conceive of man as existing only in one or the other of two states; one of which is his natural state, and the other merely hypothetical: that is, the simple, or individual state, and the complex, or social state. To conceive of men in their simple state, or as not in a state of society, is to conceive[Pg 68] of them as existing as mere individuals: that is, without connection or relation one with the other. Is this the natural state of man—the state intended for him by nature? Certainly not. It is not known to history, any more than to us, that any set of men ever existed in this way. This, then, is a merely hypothetical state. In reality, there never was such a state of things, and never will be. Indeed, on the hypothesis that such was the original state of men by nature, or as intended by the Lord, it would follow as a mere truism that each one of those separate individuals was free from control by any one or all of the others: that is, they were all free and equal. That this truism expresses the truth of the case, no doubt exists in the thought of a great many; but they overlook the hypothesis which makes it a hypothetical truism, merely because it never had any existence in fact, and never can have.
To conceive of men in the social state is to conceive of them in their relations to each other. Hence it is a complex state. Several ideas enter into this state—not only individuality, as in the former case, but also contiguity of time and place, variety, and often contrariety of relations, together with all the ideas which, as sequences, grow out of these. Now, a leading idea involved in this state, and inseparable from it, is the idea of government:[Pg 69] that is, the political is inseparable from the social state. These various and conflicting relations must be defined by certain rules, carrying the full idea of control. Without this, these relations could not operate in harmonious agreement for a single day. Now, as the natural state of man is the state for which he was made,—the state to which alone his entire nature is adapted,—there can be no dispute, the social state is the natural state of man. “And the Lord God said, It is not good that the man should be alone: I will make him an helpmeet for him.” He was made, then, for society, and society was immediately furnished him. But the law of relation, we find, was coincident with the relation itself: “Therefore shall a man leave his father and his mother, and shall cleave unto his wife.” Gen. ii. 24. And so also, every one born into the world was born in a state of society—the social state—and has always existed in this state: that is, under government. But we have before proved that a state of slavery is fundamental in the complex idea of government. There is, there can be, no government without it. Therefore, the natural state of man, or the state to which he is adapted by both his mental and physical constitution, is a state of slavery in combination with liberty, which is the complex idea of government.
[Pg 70]
4. “The relation which men sustain to each other is the relation of equality: not equality of condition, but equality of right.”
This is the form in which Dr. Wayland prefers to express the doctrine of equality.[2] He explains himself thus: “Each separate individual is created with precisely the same right to use the advantages with which God has endowed him as any other individual.” From this position, as thus explained, he deduces an argument the force of which, without expressing it in so many words, is constructively made to pervade the whole performance. For his whole argument may be embodied thus: the government which places an individual in any other condition than that of political equality is an odious tyranny: the government which establishes domestic slavery does this, and is therefore an odious tyranny.
[2] Moral Science. Part II., Division I—Reciprocity.
Now, the proposition, as he explains it, may be admitted as a truism; but then the doctrine of essential equality of right will not follow from such an admission: that is, social and political equality. For what if it be true that “each separate individual has precisely the same right to use the advantages with which God has endowed him?” It only follows that each one has a [Pg 71]common right in this respect merely, but not that there is an essential equality of right in any available sense in which we are accustomed to understand the phrase. For if so, it will follow that brutes have an essential equality of rights with men, and that both men and brutes have an essential equality of rights with angels. This is not pushing the argument too far in either direction. For brutes, in a sense well defined by Dr. Wayland himself, have rights. No one but a moral brute would deny the right of his fellow-creature—the brute—to appropriate an accessible bucket of refreshing water to slake his burning thirst. Nothing is more certain than that brutes, men, and angels have a common right to appropriate the advantages with which God has endowed them. Brutes could not have lower, and angels could not have higher, rights in this respect. But surely it cannot be said that this common right confers on brutes, men, and angels, essential equality of rights in any practical sense whatever; for then it will follow that brutes, men, and angels have an equal right to social and political equality—a bold and reckless absurdity.
We admit that one man has a common right with each and all other men in the respect stated; but not that they have common rights in other respects. The common right to use our [Pg 72]advantages to promote our happiness” will not constitute us equals in any proper sense, unless our advantages be equal. Now, Dr. Wayland himself allows, in the very terms of his proposition, that men are not equal in condition—that is, not equal in advantages. And nothing is more obvious than that men are not equal in that intellectual and moral condition which would enable them to use certain social and political advantages for the benefit of themselves and others: consequently, upon his own admission, they would have no right to them. Unless, then, it can be shown that God has endowed all human beings with intellectual and moral capacities sufficiently developed to enable them to be used for the common welfare, they have no right to what we call political freedom. But it is unquestionable that men are not universally nor even generally so endowed. It is not the case with minors. Political freedom is withheld from them by the laws of all States, for the obvious reason that it is not among the privileges which God, as yet, endowed them with the ability to use for the common welfare. Still, no one, so far as we are aware, ever dreamed that minors were herein abridged of their natural rights, and that government and parents were “odious tyrants” because they subjected them to one of the known forms of domestic slavery! We are not surprised,[Pg 73] therefore, that Dr. Wayland found himself compelled to admit that minors were exceptions to his rule; which, however, he had argued as universal—universals admit of no exceptions.
Again, it is not true of barbarians, through any of the stages of barbarism. At no period are they in that state of intellectual and moral development in which they could use for the common welfare the blessings of civil freedom, as understood and enjoyed by a highly civilized people. If they were, they would not be barbarians, but a civilized people, to whom the right of civilization—political freedom—would inure.
Now I assume here, what I shall prove in a future lecture, that the African came into this country in a state of extreme barbarism; and that, in the judgment of Southern people—whom prejudice itself can hardly deny are honest and the only competent judges in this matter—they are still, as a race, in a state of semi-barbarism, to say the least. If we are right in this position, they also are an example of persons who are clearly not entitled to the rights which inure only to a state of civilization. With what propriety, therefore, could any decent man, whose object is not to insult, affirm that we are “odious tyrants,” for withholding from the African the rights which are appropriate only to a state of civilization: unless[Pg 74] he were prepared first to show that we are wrong in our position as to the question of fact, that they are still in a state of semi-barbarism, and, therefore, not entitled to civil freedom?
How shall we characterize the course of Dr. Wayland! After drawing an ingenious argument through many pages of his performance: appealing to the facts and principles of Holy Scripture: not failing, in the progress and application of his false position, to stigmatize the system of African slavery as an odious tyranny, and this for the obvious purpose of degrading the Southern States of this Union in the eyes of the whole civilized world: then, when he is confronted, as he necessarily was, in the progress of his own argument, by the only material fact in the whole discussion, he adroitly evades all consideration of it whatever! On page 216, fourth edition, he states the position of the South, that the “slaves are not competent to self-government,” and shortly replies, “This is a question of fact which it is not the province of Moral Philosophy to decide.” Why then did he decide it by an application of his false position to the South? Echo answers, Why?
Had he confined the application of his principles to the rights which belong to a civilized people, we should have no cause to complain; or had he adduced facts to invalidate the position of the[Pg 75] South in regard to its African population, we should be bound to regard him as maintaining an honorable discussion; or, yielding this point, had he attempted to define that form of government most appropriate to a mass of semi-barbarians, dwelling in the midst of a highly civilized people, with whom they could not amalgamate; or, declining this, had he frankly confessed his incompetency (as indeed will really appear upon a discussion of his basis principle) to do justice to the subject of Moral Philosophy at this point at least—in either case we should be bound to respect his effort. But departing, as he evidently does, from all these obvious lines of duty in the pathway of his desolating errors, and inflicting so deep a wound upon the feelings of the whole Southern community, it must be allowed that our charity is heavily taxed in accounting for his course. He can have no cause to complain that we adopt the opinion that he has permitted an early prejudice to grow into a feeling of fanaticism, so fixed as to warp his judgment on points of very simple application in Moral Science.
Dr. Wayland’s treatise is a text-book in many of our literary institutions, and he himself is eminently distinguished both in the religious and literary world. Such a text-book, thus endorsed by both piety and learning, put into the hands of our[Pg 76] young men, could rarely fail of its object—especially if the professor concur in enforcing its doctrines. This is frequently the case in Northern institutions, and has often occurred in Southern; and where it has not, the professor, as a general thing, is either silent, or he concedes the doctrines of the text, and rests the defence of the South upon the false position, that “she cannot help herself!” The assumption that God has placed men in circumstances in which they cannot avoid a violation of his own immutable principles of right, may be so entirely overlooked, as to leave the doctrines and arguments of the text to work an increasing conviction that there is moral wrong in African slavery. If this state of things continue, we must not be surprised if abolition fanaticism should have a still more rapid growth in our land.

[Pg 77]

LECTURE IV.
THE QUESTION OF RIGHTS DISCUSSED.

Why it is necessary to define the term rights—The right in itself defined to be the good—The doctrine that the will of God is the origin of the right considered—The will of God not the origin of the right, but an expression of the right which is the good—Natural rights and acquired rights, each defined.
There are questions which lie back of this discussion—errors, as I think, which underlie the popular ideas of both government and rights. We should not consider that we had fully met the difficulties of the subject if we passed them by.
Domestic slavery, it is said, is an abridgment of inalienable rights; and legitimate government is a voluntary concession of certain alienable rights.
Natural rights are, of course, such as are inherent in the constitution of man: inalienable, because in point of fact he cannot be substantively deprived of them. The law which in any case provides to[Pg 78] do this, treats him as though he were not a rational, but a mere sentient being—and therein alienates his rights. Domestic slavery is said to treat the slave as a mere chattel, a thing, not an entity, and hence deprives him by provision of law of the right of being treated as a rational being as he is, and not a mere thing. This is said, because it places his time and labor at the disposal of another man. How far this reproach is just, turns upon a definite answer to the question—What are rights?
Government is a voluntary concession of certain alienable rights.” If this concession be made by the majority of the citizens, the government is called republican; if otherwise, it is called despotic. In this theory of government, certain rights are assumed to be given up, in order to secure other and more important rights. I have shown government to embody, of necessity, two great abstract principles in harmonious operation—though, in their essential nature, the one antagonizes the other. Now the principle of slavery—control by the will of another—certainly operates an abridgment of the exercise of self-control, which is the principle of liberty. And so far as the principle of slavery operates, in any given instance of government, is that, in such instance, a giving up, to that extent, of the right of self-control, in order to secure a right to the self-control which remains[Pg 79] ungiven up? Is this so? This question also turn upon the solution of that other question—What are rights?
And again, self-control, we say, is the principle of liberty. Practical freedom is the exercise of the right of self-control. How far does the right of self-control extend? I say that an instance in which a body of men emerged from a state of nature, (so called,) and formed a government by an original act, is unknown to history. It never occurred. Man was placed originally by Jehovah himself under political law. The very moment that he placed the first being in a relation to another by giving him a “helpmeet,” he gave him a law to govern that relation, as we have seen; and all the subsequent acts of men in the matter of government-making, have been such modifications of the existing form of government as they supposed would better suit their circumstances. But it is said that when society meets in convention to agree upon certain principles called a constitution, under which the laws shall be made, men do virtually, for the time being, resolve themselves into their original position or state without government; and that the constitution so formed is virtually an original formation. Well, for the sake of the argument, let it be so. When, therefore, society thus falls back upon its original[Pg 80] position, men stand upon the basis of what are supposed their original rights! What is that? Why, the right that each man has to do as he may please. They form a government: that is, give up a part, more or less, of their original right. Of course a part remains ungiven up, and the giving up cannot be to secure the possession of that which is already in possession! What is it that invests these questions with difficulty? Is it not the ambiguity of the term rights? Let us then define rights, if we would not be for ever entoiled by these absurdities.
And still again: Is liberty the right of self-control? Is not man—accountable man—free in virtue of his very humanity? Does this freedom imply absolute liberty? If so, absolute liberty is inherent in his very constitution—it is inalienable. What right, then, can he have to give it up, or any part of it? If so, he has the right to do that which subjectively he cannot do. If, then, government be a concession of the right of self-control in this sense, it is the concession of an inalienable right, and should be abandoned as a piece of folly.
It is entirely obvious, therefore, that we cannot advance in these inquiries at all without first settling the question, What are rights?
The English language is allowed to be one of great power, compass, and accuracy, and therefore[Pg 81] eminently adapted to reasoning. It derives this quality in a good degree from its flexibility, the different varieties of idea, and often the different shades of meaning in these varieties that may be expressed by one word. No language is supposed to compare with it in this respect. But whilst this adapts it to the purpose of correct reasoning, it opens also a wide field for errors in argument. Men usually differ widely in opinion, but they do not often differ in sentiment. All intelligent and good men feel right, and mean right. They often differ in opinion because they differ in the meaning they attach to the language, the same language, which is the medium through which each views the same subject. Different men use the same word in different senses. The same man often uses the same word by habit in different senses in the same connection. They come to different conclusions, of course, and the same man often entoils himself by his own argument. Now, there are few words with which men have more to do in discussions and opinions about liberty and government—the next most important matters to personal religion—than with the word rights; and there are few words which are capable of more varied application, and which are in truth oftener applied to express different shades of meaning, than this word rights. Webster gives[Pg 82] correctly some forty different meanings of this term, together with several subordinate senses in which it occurs, all of which are in common use. Our language—and of what language is not the same true?—our literature, our theology, our politics—society on all sides—is bristling with rights! Now, is it not obvious that there must be some generic idea which classifies all the different meanings and applications of this term, and which has its foundation in the common sense, the common reason of all mankind?
If, then, we inquire what are our rights in any given case, this question directly involves that other and ultimate question, What is the right in itself? the solution of which solves at once the general question in regard to all cases. And although the case in which our rights may appear must be first in point of time before our minds, to call up our idea of the right, still our definite antecedent idea of the right is the logical condition on which we determine whether the right appears in that case.
Call then, to your mind, an instance of justice, and one of injustice: a case of virtue and a case of crime: an example of heroism and an example of weakness: does not each of these cases embody, the one class your idea of the right in itself, and the other your idea of the wrong in itself?[Pg 83] But your conception of the cases in which your antecedent idea of the right and the wrong appears, and your antecedent idea of that right and of that wrong, are very different ideas: that is, the case itself and your idea of the principle are distinct: the one a thing, the other an idea of something real. What, then, is your idea of the right, which is so distinct in your mind from the case in which it appears? Interrogate your reason and consciousness. Interrogate the reason and consciousness of all mankind.
Take this example: “The father of Caius Toranius had been proscribed by the triumvirate. Caius Toranius, coming over to the interest of that party, discovered to the officers who were in pursuit of his father the place where he concealed himself, and gave withal a description by which they might distinguish his person when they found him. The old man, more anxious for the safety and fortunes of his son than about the little that might remain of his own life, began immediately to inquire of the officers who seized him, whether his son were well, whether he had done his duty to the satisfaction of the generals. ‘That son,’ replied one of the officers, ‘so dear to thy affections, betrayed thee to us: by his information thou art apprehended, and diest.’ The officer, with this, struck a poniard to his heart, and the[Pg 84] unhappy parent fell, not so much affected by his fate as by the means to which he owed it.”[3] Here is an example of the greatest filial impiety, and of the highest parental affection. The one fulfils our idea of the right, the other our idea of the wrong. Now, what is this idea of the right and the wrong in which all are supposed to agree? We would not ask, with the disciple of Paley, of Condillac, or of Helvetius, what the “wild boy, caught years ago in the woods of Hanover,” would have thought of this case; nor what the savage, without experience and without instruction, cut off in his infancy from all intercourse with his species, would think of it. No: “the savage state offers us humanity in swaddling-clothes, so to speak—the germ of humanity, but not humanity entire. The true man is the perfect man of his kind: true human nature is human nature arrived at its development.”[4] We utterly deny that, in order to arrive at the judgment of human nature, we need consult a savage in such circumstances, or indeed to consult a savage at all. And yet we say that even a savage of good mind, who has lived long enough in society to get the idea of the relation of parent and child—such as even savages have—would pronounce the conduct of the one to [Pg 85]be right, and of the other to be wrong, and have a definite idea of that right and that wrong, each in itself. And we furthermore say, that human nature cultivated to the highest degree bears the same testimony to the difference in the conduct of this father and this son, and attaches essentially the same ideas to that difference. In calling the one right and the other wrong, men say, and they mean to say, that the one is good and the other is evil. This is the uniform judgment of human reason—the permanent belief of mankind. To this common sense bears ample testimony. Grammarians have not invented languages. Government itself dates back of legislators—they have only modified it. Philosophers have not invented beliefs: without concert, without conventions, the world has fallen upon certain beliefs, and certain signs to express these beliefs. In the secret chambers of the soul, not of any one individual man, but of all men individually, consciousness bears testimony that such and such is the belief of all men, and this we call the judgment of common sense; and such is also her testimony in all languages as to the thing that is right, and that the right in any given case is the idea we have of the good in that case. The right, then, is the good.
[3] Paley’s Philosophy.—Moral Science.
[4] M. Cousin.
“Right, rectus,” says Webster, “straightness, rectitude;” which he explains to be conformity to[Pg 86] rule or law, and that the will of God is the ultimate rule or law which determines the right or the wrong in all cases. Hence conformity to this rule is the generic idea of the right in itself, according to Webster. In this view, Horne Tooke, in his Diversions of Purley, concurs. As his criticism is ingenious, instructive, and generally truthful, I quote the more material portion of his article on rights. After telling us in his dialogue that Johnson only informs us that right is not wrong, and wrong is not right, he adds:
“H. Right is no other than Rectum, (regetum,) the past participle of the Latin verb regere, etc.
“In the same manner, our English word just is the past participle of the verb jubere.
Decree, Edict, Statute, Institute, Mandate, Precept, are all past participles.
“F. What then is law?
“H. It is merely the past tense and past participle of the Gothic and Anglo-Saxon verb which means something or any thing laid down as a rule of conduct. Thus when a man demands his right, he asks only that which it is ordered he shall have. A right conduct is that which is ordered: a right reckoning is that which is ordered: a right line is that which is ordered or directed, (not a random extension, but) the shortest between two points: the right road is that ordered to be passed[Pg 87] (for the object you have in view:) to do right is to do that which is ordered to be done: to be in the right is to be in such situation or circumstances as are ordered: to have right or law on one’s side is to have in one’s favor that which is ordered or laid down: a right and just action is such an one as is ordered and commanded: a just man is such as he is commanded to be—qui leges juraque servat—who observes and obeys the things laid down or commanded; and the right hand is that which custom and those who have brought us up have ordered or directed us to use in preference, when one hand only is employed; and the left hand is that which is leaved, left, or which we are taught to leave out of use on such occasions. So that left, you see, is also a past participle.
“F. Every thing, then, that is ordered and commanded is right and just?
“H. Surely; for that is only affirming that what is ordered and commanded, is ordered and commanded.
“F. Now what becomes of your vaunted rights of man? According to you, the chief merit of man is obedience; and whatever is ordered and commanded is right and just. This is pretty well for a democrat. And those have always been your sentiments?
[Pg 88]
“H. Always; and those sentiments confirm my democracy.
“F. Those sentiments do not appear to have made you very conspicuous for obedience. There are not a few passages, I believe, in your life, where you have opposed what was ordered and commanded. Upon your principles, was that right?
“H. Perfectly.
“F. How now! Was it ordered and commanded that you should oppose what was ordered and commanded! Can the same thing be at the same time both right and wrong?
“H. Travel back to Melinda, and you will find the difficulty easily solved.” (The people of Melinda are all left-handed, i. e., their right is our left. But they are as right-handed as we are; for they use that hand in preference which is ordered by their custom, and is therefore their right hand, and leave out of employ the other, which is, therefore, their left hand.) “A thing may be at the same time both right and wrong, as well as right and left. It may be commanded to be done and commanded not to be done. The law—that which is laid down—may be different by different authorities.
“I have always been most obedient when most taxed with disobedience. But my right hand is not the right hand of Melinda. The right I[Pg 89] revere is not the right ordered by sycophants: the jus vagum, the capricious command of princes or ministers. I follow the law of God, (what is laid down by him for the rule of my conduct,) when I follow the laws of human nature: which without any human testimony we know must proceed from God; and upon these are founded the rights of man, or what is ordered for man. I revere the constitution and constitutional laws of England, because they are in conformity with the laws of God and nature; and upon these are founded the rational rights of Englishmen. If princes, or ministers, or the corrupt sham-representatives of the people, order, command, or lay down any thing contrary to that which is ordered, commanded, or laid down by God, human nature, or the constitution of this government, I will still hold fast by the higher authorities. If the meaner authorities are offended, they can only destroy the body of the individual, but never can affect the right, or that which is ordered by their superiors.”[5]
[5] See his whole article on Rights.
Thus he is found to agree with Webster, that the will of God is the ultimate genus of the right. That is right, which conforms to the will of God as laid down in law—whether that law be a written revelation, nature, or the customs of society, (as in [Pg 90]the case of the right and left hand,) as the exponent of that will—they are what is ordered in the case, and make the right. Hence he condemns as “wretched mummery” the distinction admitted by M. Portalis, between obedience to a command, and obedience to what is right and just in itself, and, on the same ground, pronounces it “highly improper” to say, with Mr. Locke, “God has a right to do it: we are his creatures.” For truly if his will be the ultimate genus of right, then he can have no rights, for there is certainly no superior to whose commands he conforms in the acts of his will. But precisely at this point let us take our stand. I affirm on the authority of Scripture, no less than sound philosophy, (always in harmony,) that God has rights, and that the distinction of M. Portalis is in many instances correct; and that hence Tooke, Dr. Paley, (who also concurs in this view—see his article Rights, in his Moral Philosophy,) Dr. Webster, with many others of great distinction, strangely err, not in their etymology of this word, but in that hypothesis by which they make it a significate of the will of God. We cannot agree with them that rights and duties which are reciprocal, are resolvable only into the will of God—have his will alone for their ultimate foundation. I take ground back of this. True, I say with them—and I claim full[Pg 91] credit in the declaration—that the volitions, the acts of God, are always right; but I do not say that his will makes the essential or true distinction between right and wrong. We dare not assume that God, could, by an act of volition, make the right to be the wrong, and the wrong to be the right—good evil, and evil good! It is absurd to assume that God can do things that are in themselves contradictory. Omnipotent, we know, he is; but such things are not the objects of power, any more than things which are the objects of power, are, in the same sense, the objects of Omniscience. To affirm that he could make the right to be the wrong, is as false as it would be impious to affirm that he would do it, if he could—false, because, if he can, he has not deposited the truth in that great master-work of his hand, the mind of man; for, by the power of the intuition he has given us, we are assured that the idea is in itself a gross absurdity. And if this be not decisive of the question, then neither intuition nor the deductions of intuition are of any authority. Man is the victim of a false guide within! He may “eat and drink, for to-morrow he dies!” There will be no more of him; or, what is worse, he is but a link in a chain of sentient beings who are governed by a cruel fate, which regards not the distinctions of right and wrong; and he may[Pg 92] be the sport of wickedness in the world to come, as he has been the victim of deception in this! I think it more than error to reason thus! I think it profane!
We may take ground back of this—ground as honorable to God as it is exalting to man and encouraging to his hopes. It is true, that both rectitude and duty, together with liberty, are resolvable into the essential good. Or, in other words, freedom, rectitude, and duty are the modes of thought in which we conceive of the good as existing in the soul of man, and that they are, each of them, in their distinct nature and harmonious union, the true ideal of the good—the modes of thought, also, in which the intuition of man perceives the good in the case of every moral action which is good. And concerning the good in itself, which is thus in an humble degree perceived by us, it is certainly a reality which is immutable and eternal. God did not make it—nor was it made. It is of the essential nature of God, and eternal. He is the great impersonation of the good. His will, his volitions, in all cases, are but the expressions of this high attribute. His will, therefore, always conforming to the essential good, is a perfect rule of what is right in itself, and proper to be observed by us, as a rule of duty or conduct. Such a rule, it will be seen, is eminently adapted to[Pg 93] the wants of humanity; but, at the same time, his will and the good are different realities. The one is an essential quality of his holy nature, and the other is, to a certain extent, an expression of this attribute in the form of volitions. That the will of God did not make the right in itself, will readily appear. Is it to be conceived that there ever was a period in eternity past, when truth was not truth, or when truth did not exist? when the good was not the good, or when the good did not exist? But does it not accord with the clearest teachings of reason, that the truth always was the truth, and ever will be the truth? that the good always will be the good? That two and two are equal to four; that to affirm a thing to be and not to be at the same time is an absurdity and a contradiction; and that things equal to one and the same thing are equal to one another, we say are all intuitive truths—we cannot be mistaken about them. So also in morals: that the truth is good; that virtue is good; that a good action is not an evil action; and that to affirm that a good action is not a good action is an absurdity, a contradiction, we say, are all intuitionswe cannot be mistaken about them. But is it not equally intuitive that these things were always so—that these truths were always truths—the good was always the good, just as certainly as that they are so[Pg 94] now? Then the eternity of these things is just as certainly an intuition, as that they exist now is an intuition. Hence the eternity of God, who is the great impersonation of this high quality, or whose attribute it is, is an intuitive truth. Hence his will did not make it, for it is absurd to say that he made himself. His will, therefore, which, in given cases, is his volition, is but the expression of this essential quality of his holy nature. Hence his will is a rule of right, because in all cases it conforms to the good, but it did not make the good.
Therefore the right, as it conforms to the essential good, is of the nature of the good. It is properly a significate of the good, and not a significate of the will of God. Things agreeing with one and the same thing agree with each other. Hence it coincides with the will of God. But such coincidence does not constitute any thing right in itself; but it is because, like the will of God, it conforms to, or is of the nature of, the essential good, that it is right. The right then, in itself, is the good. The good is the true generic idea which classifies all the different applications of this term. So far as any thing is of the nature of the good, it is in itself right. So far as any thing, to which the idea of the right applies, is negative of the good, i. e., is evil, it is wrong.
[Pg 95]
The good, therefore, as an ultimate genus, is much more extensive in meaning than the right. It extends to all physical as well as moral good. Our subject requires us to consider it only so far as it applies to humanity. And how far is this? When Jehovah created man, he pronounced him to be “very good,” i. e., essentially good in the attributes of his nature. He was created in “his own image: in the image of God created he him.” “And the Lord God formed man of the dust of the ground, and breathed into his nostrils the breath of life; and man became a living soul.” That is, he was created a pure spiritual intelligence. He had a clear and correct perception and judgment of pure abstract truth, and of the relations of truth; with the corresponding feelings of obligation to duty, and a power of will sufficient to control the mental states within the sphere of its operations. Now, as a pure intelligence, thus endowed, he is within the limits of his capacity a cause within himself—strictly a self-acting agent, and hence accountable. And as he was created with a feeling of obligation to observe the good as a rule in all his conduct, he was created a subject of duty—he was under obligation to do, to act; and as in each of these respects, and in all others, he was created in conformity with the essential good, he was rectus, right. All this is implied in[Pg 96] that declaration of his essential nature, as a pure spiritual intelligence, (who was therein made in the image of God,) which defined him to be “very good.” Nor can we think of this good as a quality or attribute of humanity, without being conscious, if we reflect closely, of associating in our minds the idea that the being who personates it is for that reason free; that for that reason he is rectus, straight, conformed to the good as the rule, that is, right; and that for the same reason he is under obligation—it is his duty to act according to that rule. Every instance of moral action that is good implies these ideas: it is free, it is rectus, straight, and it is done in accordance with duty. In the same sense in which life, sense, and motion enter into and so form the comprehension of the creature, animal; so liberty, rectitude, and duty form the comprehension of moral good, so far as it applies to humanity. These are distinct ideas. Still they coincide, and either implies the others as correlatives. Hence we say of a free action that it is good, implying that it is at the same time rectus, and done in accordance with duty; and of an action in conformity to a proper rule, that it is good, implying at the same time that it is free, and done in accordance with duty; and also of an action in compliance with duty, that it is good, implying that it is also free, and straight, i. e.,[Pg 97] conformed to rule: thus in each case we imply the correlative ideas.
Now, whatever is in my possession by natural endowment is mine, in the strictest sense. Hence, freedom is mine, duty is mine, and rectitude is mine, because the good is mine, and those are the elements of the good, each one implying the others.
Hence arises the idea of natural right: that is, the right with which I am endowed by the constitution of my nature as a rational being. But what is that right? Evidently, the good. The good as an attribute is in my possession. I am constituted with it and by it. Hence it is inalienable. Divest me of the good as an attribute of my nature, i. e., liberty, rectitude, and duty, and I sink at once in the scale of being: I cease altogether to be a rational or accountable being.
Let no one imagine that this position conflicts with the well-known fact that man is a fallen being. For although fallen, he is still accountable. True, his moral nature is in ruins, but still it is a moral nature. Though disordered, it is not eradicated. Hence the restoration by grace is called a conversion; but if the essential moral nature of man had been destroyed by the fall, and an attribute of essential evil had taken the place of it, his restoration could not be called, as it is, a[Pg 98] change, but should be called in the strictest sense an original creation. Hence, although man is fallen, depraved—and we need not object to the strong terms in which this depravity is usually expressed—still we find that the sentiment of all mankind is on the side of virtue, on the side of the good; and that men, though unchanged by sovereign grace, are still required to be honest, gentlemanly, and in all things regardful of each other’s rights. We admit of exceptions or modifications of this only in the case of those in whom humanity has not been fully developed, as before noticed, and those in civilized life who have so far abused their moral nature as, in the language of Paul, to fit themselves for destruction. Therefore, it still remains that the good in the form of rectitude, right, is in some modification an endowment of my nature: the right, in itself, is mine by nature.
But the good, as an attribute, is an active principle. We were endowed with it for the purpose of movement—for results. It is my duty to act right—straight, or in accordance with the good as a rule. Hence, whatever is a necessary condition of the operation of this active principle, the essential good, is in itself a good which is either in my possession, and hence is mine by possession; or it ought to be in my possession, and hence is mine[Pg 99] by just title. Hence, to breathe, under all circumstances, together with all physical motion and the sustenance of the body, which involves the right of property to a certain extent, each in given circumstances, is the natural right of every one. So also the right of the embryo-man, the idiot, the imbecile, the uncivilized, or the savage, to protection and defence, is a natural right; and for the same reason, to be protected and defended from certain helpless conditions by others, is the natural right of every one in all states of humanity. Because each of these, and of all similar things, is in itself good, being a necessary condition of the operation of the essential good, and is either in our possession or ought to be in our possession; each one is also a natural right, the good that is or ought to be in our possession.
But there are acquired rights.
It is the duty of man to act, from the very fact that he is endowed with the attribute of the good, which envelops the idea of duty. He also has power to act from the very same natural constitution. Now, if he use this power as duty and rectitude indicate that he should do, all nature teaches, what the Bible confirms, that he will glorify God, i. e., exemplify his goodness, and therein promote his own happiness and the happiness of those with whom he is associated; or, in[Pg 100] other words, he will secure for himself and confer upon his fellows eminent benefits resulting from the performance of his duty. Now, whatever results to him in this way is certainly his by possession, or by Divine grant, as much so as any natural right; but these benefits, being of the nature of the essential good, (for the reason that they are benefits, are in themselves right,) result to him in the performance of his duty, and therefore are his rights. But the acquisition is made to depend upon the exercise of his arbitrary volition. If he use this in pursuance of duty, they follow. If he use it in violation of duty, they do not follow. Hence, if he realize them at all, either by possession or by title, they are acquired, and therefore are acquired rights or benefits.
Therefore, acquired rights may be defined, such good, in the form of benefits or privileges, as results from the performance of duty. Logically, they belong to the class of the essential good called benefits or privileges, with the “essential difference” that they are such as result from the performance of duty. Any other result, though in itself of the nature of the essential good, yet, as it conferred no benefit, could not be said to be our right. Capital punishment, for example, when in accordance with the Divine will, is in itself of the nature of the essential good; still, it would be an[Pg 101] abuse of language to say, in any ordinary case, that it was the right of the criminal to be hung! because for no reason that we can imagine does it confer any benefit or privilege upon the criminal. To be acquired rights, therefore, they must not only be of the nature of the good—that is, actual benefits—but this good must result from the performance of duty, and not from the non-performance of duty, as in the example given.
The definition corresponds with the language of common sense. All men, in speaking of cases which are supposed to involve the question of rights, employ the term in this sense. You say, of a farmer in a given case, that he had no right to an abundant harvest: why? because he neglected his farm: his lands were not properly prepared, and the growing crop was left open to depredations from stock: that is, he neglected his duty; he had no right to the benefit of an abundant harvest. And again, you say to a neighbor, You should have paid a certain sum of money to A., in a given case. He had a right to the money, because he complied with the conditions on which the money was to be paid. He did his duty, and therefore had a right to the money. Thus, the neglect of duty negatives right in the one case, and the performance affirms it in the other, according to the common usage of language.
[Pg 102]
Another idea which clearly enters into the common and correct use of this term is that it is reciprocal with obligation: that is, wherever there is a right in one person, there is a corresponding obligation, duty, upon others. If one man has a right to an estate, others are under obligation, that is, it is their duty, to abstain from it. If the letting of it alone be the result of duty on the part of others, the enjoyment of it by him must also result from duty on his part, or the ideas do not coincide: that which was duty in one set of men would not be duty in another, in regard to the same thing, and in correlative circumstances. This would be absurd: therefore, the duty of one set of men to let another alone in the enjoyment of a certain benefit, implies the correlative idea that they enjoy the benefit in virtue of doing their duty. Hence, those benefits which are our rights result to us from the performance of our duty.
The points established in this discussion are:
1. That conformity to what is ordered or commanded is not the true generic idea of the right in itself. What is ordered or commanded can only interpret the right, when the command itself conforms to the essential good, as in the case of the Divine will. This is always right, because it so conforms, or is always an expression of the essential good.
[Pg 103]
Hence, the good is the true generic idea of the right. This alone can interpret the right in any case. Therefore, although man, in virtue of his constitution as a pure intelligence, has the power to do wrong, he has not, and never can have, the right to do wrong. For wrong is the negative of right; and any thing, whether attribute, quality, opinion, doctrine, or act—every thing, whether moral or physical—to be right, must be of the nature of the good: all else is wrong, not right. And it further follows, that the only true subjective right which any man has to exercise his power of self-control, is in doing that which is good, and not in doing that which is evil.
2. The natural rights of man are,
First—The essential good in his possession by natural endowment, and which is therefore inalienable. And, Second—The necessary conditions, whatever they may be, of the operation of the inherent good as an active principle. Some of these are inalienable, and others are alienable. To this view of natural rights the common usage of language conforms.
3. The acquired rights of man are, such good, in the form of benefits or privileges, as results to him from the performance of duty.

[Pg 104]

LECTURE V.
THE DOCTRINES OF RIGHTS APPLIED TO GOVERNMENT.

Government, human as well as Divine, is a necessity of man’s fallen condition—All men concur in this—Man did not originate government: he has only modified the form—The legitimate objects of government, and the means which it employs to effect these objects—The logical inferences: 1. Although he has the power, he has no right to do wrong; 2. As a fallen being, he is, without a government over him, liable to lose the power of self-control—What are the rights of man: 1. In a state of infancy; 2. In a state of maturity; and, 3. In a savage or uncivilized state—Civil government is not founded on a concession of rights.
Philosophers, it seems to me, strangely overlook the tendency of man’s fall to modify the operation of the laws of mind; and those who admit the fall still overlook this fact, that the depravity of man’s nature was the result of deprivation, and not the infusion of an evil principle as an attribute of his nature. But it is not with the theology of this subject that we are now dealing. The fact that, as a fallen being, he was deprived of the im[Pg 105]mediate presiding influence of the Divine Spirit, is the matter that more immediately engages our attention. His lower physical nature, the great medium of the soul’s communication with the outward world, and of consciousness in the embodied state, originally operated in perfect and harmonious subordination to his higher spiritual nature. In this condition, his appetites, propensities, and passions presented no bar to his happiness, or to that of his fellows. The government or control which his situation demanded, we may suppose, was simple, and concerned chiefly his relation to the Deity. But when, on the great occasion of his trial, he exercised his power of self-action, and exalted this nature as a rule of moral action, instead of the essential good of his higher nature, of which the will of God in the given case was the full and just exponent, there resulted a deprivation of the Divine Spirit, such as entirely changed the relation of those departments of his nature. Under the clouded condition of intellect consequent upon this deprivation, his lower nature, with its appetites, propensities, and passions, is brought into constant and fierce conflict with his spiritual nature. This change in the condition of his humanity presents his case in an aspect altogether new. The history of each individual man becomes the history of a warfare—a warfare with[Pg 106] himself, and a warfare with his fellows. With a highly vigorous moral nature, he is also the subject of a carnal or depraved nature. In this state of things, government becomes an actual necessity of his condition. The Divine government, with all the aids and appliances afforded by the grand scheme of atonement, must appeal to his passions, both of hope and of fear. For it is only by reducing his lower nature to its originally subordinate and harmonious position that an equilibrium will be established, and his primordial happiness regained. But the Divine government, though operating in harmony with the claims of his moral nature, and founded upon the relation which he sustains to Jehovah, and indispensable to his happiness here and hereafter, of itself alone does not meet a great many of the immediate demands of his condition. Hence the statement of Solomon: “Because sentence against an evil work is not executed speedily, therefore the heart of the sons of men is fully set in them to do evil.” The consequences of obedience, high and holy as they are, and the consequences of disobedience, great and terrible as they are, are too remote from man, in many states of intellect and feeling in which he often places himself, to meet the immediate demands of his nature. Hence, that modification of government called civil government, is no less demanded[Pg 107] by the necessities of his condition than the Divine.
Civil government deals chiefly with the relations of man to his fellow-man. It coincides with the Divine government. They each aim at the control of the lower nature of man, and the development of his higher nature. The means they employ are the same in principle. They address the same passions. The rewards and punishments of the one are in this life, and of the other chiefly in the life to come. Withal, the civil has the sanction of the Divine, and the Divine should always have the sanction of the civil, government. But still they are entirely distinct, and should not be confounded either in theory or in practice. The one is secular, and the other is Divine.
Now, we say that civil government—for of that we are called more particularly to speak—is a necessity of man’s condition. It dates back as early as the creation of man. God himself established it in the law he gave to govern the first relation that existed on earth—the relation between Adam and his “helpmeet.” After the fall, a necessity arose which gave it a new and more important bearing. We soon see it ramifying itself through all society, and dealing with all the relations of life.
Its necessity and authority, as a great means of[Pg 108] controlling the lower nature of man, is among the permanent beliefs of mankind. Neither legislators nor philosophers originated these beliefs. They are among the intuitions of man. The common judgment of mankind is not more assured that man exists, than that fallen man must be controlled in his appetites, propensities, and passions—the sum of what is often considered his interest and his happiness—by the physical powers of government. Each individual man feels that he needs its powerful sanctions to arm him against himself, when violently tempted to do wrong; and that he needs its sanctions to protect him from outrage and wrong from his fellow-men, when moved by similar forces. The instincts of animal nature are not more certain in their movements than are the intuitive perceptions and spontaneous feelings of mankind, causing them to lean upon the strong arm of civil government, to control the propensities and passions, and to promote the free exercise of the higher moral nature of man.
Government is the whole society in action. No people was ever known to exist for any definite period without government. Sometimes, it is true, the form has been the result of implied understandings among the people—as when “there was no judge in Israel:” at others, a master-spirit has assumed the reins, and been deferred to by[Pg 109] common consent; and at others, it has been modified by formal processes—such as conventions and constitutions. Be this, however, as it may, government has always existed. Legislators did not make it. They have had much to do in modifying, directing, and often in corrupting the form; but nothing to do in originating government, in any proper sense of the term. It sprang spontaneously from the common sense of mankind. An agent indispensable to self-preservation was certainly coeval with the race.
In its true generic sense, that is, in a sense equally applicable to all forms, government is control by the authority of God and the people. God, in his word, declares the authority of the magistrate to be his ordinance; and this accords with the intuitive belief and feeling of necessity of all mankind: not that either approves in all cases of the form which government assumes, but that the generic principle, in all cases, has the sanction of each.
The legitimate object of government is to secure to the people the highest amount of freedom which their moral condition and relative circumstances will admit. The means which it employs to effect this object, are, 1. Suitable penalties, addressed to their hopes and fears, to lay them under such restraints as to the indulgence of their appetites,[Pg 110] propensities, and passions, as thereby to prevent them from operating as a bar to the free exercise of their intellectual and moral powers in pursuit of the essential good; and, 2. The security which it offers to every man, in the exercise of the higher powers of his nature, that he may do it without restraint from the passions of men; or, in other words, to guarantee to every man the free exercise of his essential power to do good.
That both the object of government, and the means which it employs, are correctly stated, will not be disputed. All men concur in these views. They underlie all our opinions and reasonings on the subject of civil government. But in assenting to this much, (and how can it be avoided?) may we not stand committed to much more than many theoretical politicians are aware?
Let us trace the logical inferences which arise from the principles discussed.
I. Man, we find, is endowed with a self-acting power of will, which is called mental liberty, and hence he is accountable. For although it is admitted that there cannot be a volition without a motive, yet it is an idea inseparable from our notions of mental liberty, that there cannot be any thing in these motives necessitating the volition; for in that case it would not be free. But he is free to adopt either the right or the wrong motive[Pg 111] of volition, and therefore he is accountable for his actions. Nor does it follow that this liberty confers the right to do wrong. His liberty, as we have shown, is to be understood in a sense agreeing with the coincident ideas of right and duty. We are all conscious, that so soon as we perceive the good, in any case, we have a feeling of obligation to observe it as the rule of conduct, and to avoid the contrary as wrong; that is, each man has a conscience. Hence, although man has the power to do wrong, he has no right to do wrong; but only a right to do that which is good. Such, and such only, is the true subjective right of self-control. It is not a right to do as we may please, unless we shall please to do that which, in itself, is right; that is, the good.
II. His fall, we have seen, has had the effect to place him in such circumstances, that the attributes of his lower nature, his appetites, propensities, and passions, often have such ascendency as motives of action, that he is always liable to do wrong. Many reasons, à priori, could be given for this. The mind is first brought into contact with the outward world through the bodily senses. They come first into play; and hence the natural sensibilities are first developed. The will, in the form of spontaneous volition, is accustomed, from earliest life, to act from these as a motive, for the reason[Pg 112] that there is no other from which it can act. The pure intelligence, the percipient of the good, and the corresponding feelings of obligation, unfold themselves slowly; and long before it may be said that the mind is matured, the will is accustomed to make the natural sensibilities the motive of spontaneous volition. Now the will is, like all other faculties of the mind, subject to the great law of habit; and if not checked, restrained according to the true idea of government, a habit of submission is formed, which, if not early dissolved, becomes a confirmed habit. The will, instead of being the governing power of the mind, becomes, in truth, the faculty governed. It has lost the power of self-control. It has become the slave of passion—confirmed in the habit of submission. It is precisely at this point of mental degradation that Paul declares of “vessels of wrath,” those who have brought themselves into this state by their own act, that “they are fitted to destruction.” Now, in view of these facts and the principles already established, what are the rights of man?
First. In the state of infancy. It has been proved that the subjective endowments of humanity, and whatever is necessary to their existence and operation, are the natural right of man. That the undeveloped good is the endowment of this form of humanity will not be disputed: hence[Pg 113] whatever is necessary to its existence and operation, is the natural right of infants. But it is obvious that a governing power, existing somewhere, is indispensably necessary in the case of the child; that is, a power must exist sufficiently potent to control the spontaneous volitions of the will, or, in the circumstances of its position, it will probably extinguish its own liberty, by the law of habit. Government, then,—absolute government,—is necessary to the existence and operation of the endowment of humanity in the state of infancy; and therefore absolute government is the natural right of the infant. Hence all civil governments have exercised (so far as the will and physical condition are concerned) an absolute despotism over the child, and have recognized the parent, or some one appointed in the place of the parent, as the agent of its functions in this respect. Not to accord to the infant this extreme form of control, would be a practical denial of its natural rights. Therefore this extreme form of despotism, so far from being a curse, is the natural right of infants—the good to which they are entitled by nature. And again, the civil government accords to the child a progressive modification of this form of government under given circumstances. It requires its agent to relax the stringency of this control, and to extend a privilege of self-control,[Pg 114] in the ratio in which the pure intelligence and feelings of obligation or duty are practically developed. For a child who had become, to a certain extent, a subject of duty, and was disposed to fulfil this duty, but was kept, per force, in the physical condition of infancy until he lost the use of his limbs, would be considered as deprived of the right of self-control to that extent, and thereby cruelly treated. The agent in such a case would be severely punished, and the child committed to other hands.
Hence, in the ratio in which the pure intelligence is unfolded, and feelings of obligation arise, or conscience is developed, and becomes the practical rule of action, the individual acquires the right of self-control, and only in that ratio. This right may ultimately reach to all things in themselves good—the civil government always holding the authority to punish departures from duty, and thereby always abridging men of the moral power to do wrong, (because it never could be their right to do wrong,) and always fortifying them in the right exercise of liberty of will, by furnishing motives, addressed to their intelligence and passions, to observe the right and to avoid the wrong in the exercise of the volitive power. Therefore, the natural right of man is the right to such absolute control by others, in the earlier[Pg 115] periods of his life, as that his will may retain its self-acting power unimpaired, as his mind is naturally unfolded by time and circumstances; and to such modification of this absolute control in after life, as may afford him due restraint under temptation to do wrong, and proper encouragement, at all times, to do right.
Second. The right of man in a state of maturity.
1. The government should accord him all his natural rights, and protect him in the exercise of the same. That is, the political government should coöperate with the Divine to preserve his will in its normal condition as a self-acting power, and to guarantee to him the exercise of this power of self-action in all things good. The man who is protected in the enjoyment of this inherent liberty of will, is a free man in the strictest sense of the word. The government over him may be concentrated in the hands of one man, or it may be divided among an aristocracy, more or less numerous, or it may be what is called a democracy, but this does not of itself affect the fact of his freedom. If the government secure him in the enjoyment of these rights, and of all which necessarily attaches to them, he is essentially free. The kind of government, as a hereditary monarchy, or a democratic republic, does not, of itself, determine the actual freedom of its subjects. History furnishes[Pg 116] many examples of government in which the power of control was concentrated in the hands of but one, or of a few individuals, which afforded its subjects the highest amount of essential liberty. To this day, “the freedom of the British Constitution”—as much as we justly prefer our own—is by no means an idle boast. It is a great mistake to suppose that a government which deposits the sovereignty among the great mass of the people, is the only free government. We are constrained to acknowledge that it is better to be oppressed by one, or by a few tyrants, than by a multitude of tyrants. It is not this or that kind of government that makes the subject essentially free. But it is the fact that the controlling power, whether wielded by one or by many, secures each man in the enjoyment of his natural rights—affords him that system of appliances which develops and matures the self-acting power of his will—discourages all abuse of this power, and fully protects him in the proper exercise of it in the pursuit of the essential good. It is this that makes him free.
We prefer, for those to whom it is applicable, a democratic republic; because it is a more secure government, and less liable to an abuse of power; not because it is necessarily a more free government than any other. Another form of government may secure equal freedom in every essential[Pg 117] particular; and this form may be as oppressive as any other; and whenever it is so, the condition of the down-trodden minority is far more hopeless than is that of the oppressed majority under some other form of government. Still, in certain conditions of the people, it is a much more secure form of government. The sovereigns of a state should always be socially equal, and, at the same time, honest as well as intelligent. Such rulers will not be oppressors. If the sovereigns of a democracy are intelligent, for the reason that but few participate directly and personally in the administration of government and the spoils of office, they have but few inducements to corruption, and are more likely to be honest. The mass of the people, though often wrong in opinion, are always right in sentiment—they mean to do right, and they desire to do right. If they do err in a given case, they may usually be set right, for they have no motive to stay wrong. Hence, we think that when the condition of intelligence is fulfilled in the case of those occupying a social footing, we may expect a wiser and purer government; whilst the extent to which they may participate in the affairs of government, giving it a firmer hold upon their affections, cannot fail to make it a more secure government. It is widely different in the case of a government concentrated in the hands of[Pg 118] a few. The sovereigns are at the same time the administrators of law. They share not only the honors of sovereignty, but also the immediate profits of sovereignty—the spoils of office. Temptations to abuse power are always present and active. Hence we find that such governments are more frequently oppressive. Withal, even in cases in which they are not, (for they need not be,) for the reason that the mass of the people do not immediately participate in the affairs of government, they are not as devoted to its interests, and hence the government cannot be as secure. For these reasons, a democratic republic is called by way of eminence a free government; but, evidently, not because it is the only form which secures freedom to its subjects. Any of these forms are legitimate when they are so adapted to the condition of the people as to secure to them the highest amount of freedom of which that condition will admit.
2. The government should secure to him all his acquired rights, or the rights which he acquires by the proper use of his essential rights. Of these, we notice,
1. His rights of social equality with those with whom he holds common interests, pleasures, benefits, happiness, and duties. These rights usually vary with the condition of different individuals,[Pg 119] or different classes of individuals. It will not be maintained that an infant or idiot, and a man of rude intellect and vulgar habits, have interests and duties common to each other, and common to persons in a different condition, in any such sense as would entitle them all to social equality. Both their mental and physical condition would be a bar to any such equality. So in the case of the sexes, difference in physical condition is a bar, except in the marriage state. So also certain races of men are by their physical condition barred from social equality, in many respects, with those of other races. Those duties required by one condition in order to attain the essential good are very different from those of another condition which are necessary to attain the same object. But the privilege of social equality with all in a similar condition, which results from the discharge of the duties of that condition, is the right of every one. Some will require positive law to secure them; as in the marriage relation, the social as well as other rights of the parties must be secured by law; whilst others will be better secured by leaving them to be regulated by the conventional usages of society—only another form of government. But there is an obvious difference in the social rights of men which government is bound to respect, unless it would arrest the progress[Pg 120] of civilization; because it is an inequality founded in that difference of condition, against which no government can provide, nor was it intended that it should provide. We notice,
2. That government should secure to him all those political rights to which he is entitled by making a proper use of his essential rights.
We need not specify all the political rights which may be regarded acquired rights. It is sufficient to consider this topic in regard to the question of sovereignty. We say, that all the members of a given society, having a common interest in that society, are entitled to share the sovereignty of its government on certain conditions, and on no other conditions. We take the ground that mere humanity, in itself considered, does not entitle any one to the rights of political sovereignty. If this were so, we should be bound to place females, together with minors of both sexes, and the inmates of State prisons, among the sovereigns of society. They are all perfect specimens of humanity. Of the first it may be said, they are often equal in intellect with the other sex, and in other respects are generally superior specimens of humanity. These all have an interest in society common to all other members of it, and yet it is admitted that they should not be numbered among the sovereigns of the land. What is it,[Pg 121] then, that entitles a man to the right of political sovereignty? First—He should have reached that point in mental development in which he will have a capacity, in common with others, to understand and appreciate the leading principles of government and their applications. Second—He should have reached that period in life in which there is usually a corresponding development of the moral sense—the feeling of obligation to do right—which affords a reasonable guaranty for the faithful application of his knowledge in discharging the duties of sovereignty. Third—He should be in that state of social equality which gives him a common interest, a common happiness, and common duties as a citizen, with other sovereigns, which will also afford a necessary guaranty for the faithful performance of his duties. And, Fourth—He should be in that physical condition, also, which is necessary to the duties of so responsible a position, under all ordinary circumstances. If one or more of these conditions exclude a whole sex, together with all minors, idiots, felons, and foreigners, they at the same time limit it to a definite class of males, and bar all others from any title to it. No sensible man would admit that the power of sovereign control inherent in government could, with safety to the only legitimate object of government, the happiness of the subjects,[Pg 122] be deposited with any other class of men. But those who fulfil these conditions have a right to rule. They have acquired it by the performance of those duties which have elevated them to the condition of being qualified for sovereignty. It should not be withheld. If those in a society qualified for sovereignty be numerous, the government should take the popular form—a democratic republic. But if those qualified to rule are a limited portion of the whole society, some other form of government is more appropriate.
But our subject leads us to notice:
Third. The rights of man in the savage or uncivilized state.
No savage community was ever known to rise unaided to a state of civilization; and every example of savage society furnishes evidence that it is a state into which they have fallen by the tendencies of depraved nature. They are instances in which the government originally enjoyed—both human and Divine—has failed to preserve to the individual that liberty of will in the pursuit of the good which government is designed to secure. The pure intelligence is not sufficiently developed to constitute an enlightened conscience. Dwelling apart from civilized society, the absence of all the artificial wants of civilization is highly favorable to many of the natural virtues—such as hospitality[Pg 123] to strangers, truth, fidelity, and generosity to their friends; but the undeveloped state of the pure reason leaves the moral sense in a state of so much immaturity, as to characterize them as unfaithful, cruel, and revengeful to their enemies. These are characteristics which, in their condition of physical maturity, make them terrible to their neighbors.
Now the question is, What are the rights of such a people? It is useless to discuss this question so far as it relates to mere savage government; for in this view it is a question of no interest. But the question, What rights can they claim of a civilized people? is the one with which we have to deal.
They certainly have a natural right to protection under given circumstances, and freedom from oppression under all circumstances. If a civilized people, holding a balance of power in virtue of superior intelligence, have an undisputed right to protect themselves from the cruelty and infidelity of neighboring savages, still it will be admitted that oppression in any proper sense of the term would be an invasion of their natural rights. They have a right to be left in the enjoyment of the highest amount of freedom which their mental state will allow them to use legitimately. And more than this, their natural rights claim for them[Pg 124] reasonable exertions to elevate their moral condition. Hence the noble efforts now being made by the Christian people of this country to evangelize the savages on our border, and the no less commendable efforts of the United States government to favor this design, by an annual appropriation from the national treasury. All this is only according them their rights. But do these rights entitle them to claim social equality with a civilized people? That which it is the right of another to claim of me, it is my duty to grant. Is it then my duty to grant social equality to any or to every wandering savage that may chance to pass my dwelling? Should I not only extend to him the rights of hospitality due to a wandering savage—give him food and shelter in given circumstances, and treat him kindly in all respects—but extend to him true social equality, such as it is my duty to do to other men in certain states of civilization! No man—himself not a savage—would dare affirm this! The savage has no right to claim it. The reason is obvious on the principles discussed. Certain social rights arise only on certain conditions of moral development, and the fulfilment of the duties which attach to that state. The savage has not reached this condition; hence has not fulfilled its duties, and is not entitled to the right of social equality which attaches to that state. For[Pg 125] a sensible man to affirm that he has this right in virtue of his mere humanity, would be simply ridiculous. And this being so, it follows, a fortiori, that it is much less our duty to allow him an equal participation in the sovereignty of the State—allow him a control in the affairs of government—share the authority to regulate our relations, domestic and foreign; and even to participate in governing our families.
The man who should gravely propose in Congress to annex the savage tribes of our border, as sovereign States of this Union, would, by all right-minded men, be regarded as insane. No one of the managers of looms, spindles, and other machinery, among the agrarian portion of our northern community, with all their boasted knowledge of the natural rights of man, and their readiness to accord equal rights to all men, and to protect them in asserting those rights, have, as yet, made up their minds to go thus far—although we may be at a loss to account for it that they so far falsify their principles as not to do so.
Now, as it is not our duty to do this in behalf of a neighboring race of uncivilized people, for the reason that they have no right to it, how does the question stand in regard to a numerous class of such persons, spread through a definite section of our country? Does this change of position and[Pg 126] contact with civilization confer on them higher rights than it has already been admitted belong to them in a separate state in virtue of their humanity? Is it our duty to accord to them equality of political rights? and for the reason that they are diffused through the mass of society? Can this position be maintained? On the contrary, the change of position, and the service which in that position they render to the cause of civilization, which is assumed to acquire for them a right that does not belong to their class of persons in a separate position, so far from affording a vindication of this doctrine, furnishes a still stronger reason against it. They are not only uncivilized, but are now in a position to exert an evil influence, which in a separate state they could not do, although they might dwell upon our border. In a separate state, the artificial wants of civilized life are unknown to them. The great sources of temptation to do wrong by invading the rights of neighbors, is not supplied to them by their position. But when in immediate contact with civilization, a great many of these artificial wants are learned by them, and felt to be objects of desire. These desires, by a fixed law of the human mind, must be a constant source of temptation—they clamor for gratification. If the indulgence should not be restrained, either by a system[Pg 127] of laws which reached the case, or by the motives which a state of civilization supplies, they would inevitably result in a disregard of the rights of property, and a general depravation of morals. They are without the latter, for they are uncivilized. Hence the demands of their position must be met by laws appropriate to an uncivilized people. The laws appropriate to a state of civilization, coöperating as they do with the motives supplied by that state, are not more than equal to the task of restraining the passions of civilized men. To rely upon them in the case of uncivilized men would be the grossest folly. Hence if it were not our duty to share our political rights with such a people, dwelling upon our border, in a separate state, for a much stronger reason it is not our duty to do this for those dwelling in our midst. If it is not our duty to do it, it cannot be their right to claim it; for rights and duties are always reciprocal. But, on the contrary, for the same general reasons by which it becomes the duty of a civilized state to place all its minors under the despotism of parental control, as before defined, it is the duty of the state to place an uncivilized race which may chance to dwell within its borders, under a similar form of government. This despotism need not be oppressive in the one case any more than in the other. It is the proud boast of[Pg 128] all our native citizens that they have always lived under a free government; and yet they were brought up to the age of twenty-one under a pure despotism. But this does not deprive them of their right to boast. True, the government conferred almost absolute control upon the parent, or guardian, or master of the apprentice! These might have oppressed them. But the government, which stood ready to vindicate their rights, did not do it. The government, in what it did, only accorded them their natural rights, as we have seen—provided to confer on them the highest amount of freedom of which their condition would admit. It was to them essentially a free government, though in one of the forms of despotism. So in that form of despotism appropriate to a race of uncivilized people dwelling in the midst of a civilized people, if adapted to their condition, or securing to them (as in the case of minors) their natural rights, it is, for them, and to them, a free government. So far from being a curse, as many of our philosophers teach, it is a blessing, which their essential rights entitle them to claim. Any other form of government would be, in their case, as well as in that of minors, a practical denial of their rights; because it would result in the annihilation of their essential rights; that is, the enslavement of their wills to the basest passions of fallen nature.
[Pg 129]
Hence, we find that government, both human and Divine, is a special necessity of man’s fallen condition, and coeval with the history of the race: that its legitimate object is to preserve him from that annihilation of his essential liberty of will which would inevitably follow if there were no government, and to secure him in the enjoyment of the highest amount of this liberty which his condition will allow: that to do this, various forms of civil government are admissible; and that the one best adapted to the condition of the people is the one that should be applied, and is the only strictly free government for the people to whom it is appropriate. A democracy applied to minors or savages, in the midst of a civilized people, would be the most grinding of all oppressions. We have seen that the means appropriate to government are suitable penalties addressed to our passions of hope and fear: that the only right which a man has to exercise his inherent liberty—that is, the only right he has of self-control—is the authority to do that which, in itself, is right—not a right to do wrong: that the exclusive authority of government is to restrain man from doing wrong, and to protect and encourage him in doing right—restrain his power to do wrong, not his power to do right—this it seeks to strengthen. We have seen that the rights of man in a state of[Pg 130] minority—and the same of uncivilized men dwelling in a community of the civilized—are to the benefits of an absolute form of government; any other would be only a system of ruinous oppression to them: that at his maturity as a civilized man, he should be protected in the exercise of all the rights which naturally belong to a state of maturity, and also the enjoyment of all those rights which he has acquired by availing himself of the privileges afforded by his condition. Of his acquired rights, we see that on certain conditions he is entitled to social equality; and that on certain further conditions, he is entitled to the right of political sovereignty.
Now, we ask, in what sense can it be said that legitimate government is a concession of some rights, in order to secure others? Certainly, in no good sense, seeing it only limits his power to do wrong, by laying him under suitable disabilities, and that it does this in order to secure both the power and the privilege of doing right. But by falsely assuming that government is a concession of rights, and that the government in which every citizen does not make a voluntary concession of the rights exercised by government is a cruel oppression, men fall upon conclusions which, when carried out, (and principles will tend to work out their results,) lead to agrarianism: that is, the[Pg 131] destruction of all rights, by the annihilation of all civilization.
And again we ask, How does it follow that the domestic slavery of the negro in America is an abridgment of his inalienable rights? Certainly not from the fact that he is placed under an absolute form of control, for we have seen that, in certain conditions of humanity, that is the only form of government that will secure any freedom at all: as in the case of all minors, and the case of an uncivilized race that may chance to be diffused among the mass of a civilized people. If, then, his government be an oppression at all, it is because his state of civilization, and the relative circumstances of his condition, have acquired for him the rights of social equality and the rights of political sovereignty. These are questions of fact that will be considered in their proper place.

[Pg 132]

LECTURE VI.
THE ABSTRACT PRINCIPLE OF SLAVERY DISCUSSED ON SCRIPTURE GROUNDS, AND MISREPRESENTATIONS OF THE PRINCIPLE EXAMINED.

The true subjective right of self-control defined according to the Scriptures—The abstract principle of slavery sanctioned by the Scriptures—The Roman government—Dr. Wayland’s Scripture argument examined and refuted—The positions of Dr. Channing and Prof. Whewell examined and refuted.
The inquiry, if the institution of domestic slavery existing amongst us agrees in its details with the teachings of the Holy Scriptures, is reserved for a future lecture. We now inquire how far it agrees with the Holy Scriptures in its great fundamental principles?—the abstract principles which, thus far, have been shown to be right.
We, of course, acknowledge the full authority of the Scriptures. Although not a formal philosophical treatise, the Bible embodies no other than the profoundest principles both of mental and moral science; and all its teachings are in accordance[Pg 133] with them. “To the law,” then, “and to the testimony.” Do they sanction the principles I have sought to establish? Do they accord to man any other subjective right of self-control than simply the right to do that which in itself is right—that is, good? True, they assume that he has the power to do wrong, but at the same time they deny to him all right to do wrong. All those scriptures which forbid his doing wrong, and enjoin it upon him to do right, under severe penalties for disobedience, are in proof. They are too numerous and familiar to require that I quote them. They all assume that he has power to do either right or wrong, but only a right to do that which is right. Whoever, then, sets up a right to do a thing, and can give no better reason for it than that he has power to do it in virtue of his humanity, and that therefore others should not interpose obstacles in the way of his doing it, on peril of abridging him of a natural right, assumes far more than the Scriptures allow him; nay, he assumes that which is forbidden him in Holy Scripture, no less than in reason and common sense; and if allowed to exercise such lawless power, under the plea of natural right, he could not fail to put an end to all law, and to precipitate society into a state of anarchy. Therefore, the government which places minors, aliens, and[Pg 134] citizens, who at the same time allow themselves to be subjects of a foreign prince, together with uncivilized persons, in circumstances in which they cannot, or are not likely, to injure their neighbors, or to injure society, does not, for that reason, deprive them of a natural right, unless it could be shown that they have a natural right to do the very thing which the Scriptures declare they have no right to do, that is, to injure their neighbors! It further follows, that the right to do an act which involves accountability, is the right to do that which, in itself, is right; or, in other words, the only natural right of self-control is the right to do that which is good. Hence, those who claim for any class of society a right to political sovereignty, should be prepared to show that the essential good requires that such privilege be accorded them, or they fail to establish their right, for the reason that no right can ever be justly acquired which does not coincide with the natural right to do good.
Again, we have shown that the abstract principle of slavery is control by the will of another, with its correlatives: that this is an essential element of all government; for a government which did not exercise the right to control men, even against their wills, under given circumstances, would be no government at all. Do these views accord[Pg 135] with the teachings of the Holy Scriptures? That control is an essential idea of government, is an intuitive perception, and needs no proof. The question then resolves itself into this: Do the Scriptures sanction government? That the Bible itself is only a system of government, will not be disputed. It forbids and commands, and requires all men to conform their volitions to its requirements, as to that which is in itself good. Moreover, it sanctions civil government in the most express terms: “Let every soul be subject unto the higher powers. For there is no power but of God: the powers that be are ordained of God. Whosoever, therefore, resisteth the power,” that is, the authority of government, “resisteth the ordinance of God; and they that resist shall receive to themselves damnation,” etc. (Rom. xiii. 1-7. See A. Clarke’s notes.) This was said to the Roman Christians, and was an injunction to obey Caesar’s government. In that government, it is well known, the slavery element greatly predominated: but little room was left for the exercise of self-control; political sovereignty being denied to the people. In declaring government, even in this extreme form of controlling the wills of men, to be his appointment, God establishes the principle, as in itself right. Dr. Wayland, however, (see article, Modes in which Personal Liberty[Pg 136] may be violated,) affirms, “that the gospel is diametrically opposed to the principle of slavery.”
The moral precepts of the Bible, which he assumes to be diametrically opposed to the principle of slavery, are, (as quoted by himself,) “Thou shalt love thy neighbor as thyself; and all things whatsoever ye would that men should do unto you, do ye even so unto them.” He says that, “were this precept obeyed, it is manifest that slavery could not in fact exist for a single instant. The principle of the precept is absolutely subversive of the principle of slavery.” That the gospel should, nevertheless, acknowledge slaveholders (for neither the Jewish nor the Roman law required any citizen to hold slaves) as “believers,” and “worthy of all honor,” and require of the Christian slaves held by them to acknowledge them as brethren, that is, good men, and accord them all honor, is evidently a troublesome question to the Doctor. There is no room for surprise. The second scripture quoted, it is allowed, interprets the first. In what sense then are we to understand the duty inculcated in the second? There are only two senses in which the form of the expression will allow us to evolve any significance whatever. The first is, Do unto another whatsoever you would have him to do unto you, if you were in his situation; and the second is,[Pg 137] Do unto another whatsoever you would have a right to require another to do unto you, if you were in his circumstances.
Now if we could suppose that the Saviour intended his language to be understood in the first sense, it will not perhaps be disputed that it is our duty to abolish domestic slavery, for we should, no doubt, desire to be released, if we were in a state of domestic slavery. But, unfortunately for the argument, this interpretation would not stop at the abolition of domestic slavery in the case of the African. It would reach to the domestic slavery of the child also. There is scarcely a wayward lad in Christendom who could not justly claim release from parental restraint on the same principle! Nay, more, the criminal at the bar of civil justice, the inmates of State prisons, and the poor man in his hovel, would all claim release! And as that which is duty in others, in such cases, is a right in them, not to grant them release would certainly be a denial of their just rights! Is this the sense in which Dr. Wayland would have us understand the Saviour of mankind? Certain it is, that this is the only sense in which his words can be understood so as to involve the necessary abolition of slavery! We cheerfully acquit Dr. W. from the purpose to teach any such agrarian folly. Still, we can see no good reason why one[Pg 138] so eminent, as a Christian and a scholar, should permit even an early prejudice as to a practical question, about which he allows that he is uninformed, to betray him into such views of a plain principle as logically involve him in the grossest absurdities.
That the second sense given is the proper one in which to understand the Saviour’s doctrine can admit of no dispute. What we should have a right to claim, if we were in the circumstances of a slave, is precisely that which we are to accord to such slave, according to the precept of the Saviour. If we should have a right to claim political sovereignty, in those circumstances, we are bound to allow them such sovereignty, that is, release them from slavery. This directly involves the question, Whether they are fitted for that self-government which is involved in such sovereignty? That they are not so in virtue of their humanity merely, we have proved; and whether they are so or not, by acquirement, is a practical question which Dr. Wayland allows that he is not competent to decide. This question will be met in another place. It is sufficient here to state, that the scripture so confidently relied on as repudiating the principle of slavery, is found not to reach the question of the principle at all, and, therefore, is wholly misapplied.
The patriarchal form of government, which existed[Pg 139] before the theocracy of the Jews, constituted the patriarch (he being the head of the family) the owner of slaves. Abraham, Lot, and others, held them in large numbers. These men enjoyed the unqualified approbation of Jehovah, and in their character of slaveholders, no less than in many other respects. According to Dr. W., they enjoyed the Divine approbation in the practice of iniquity; for he says, the Bible condemns both the principle and the practice of slavery!
It is evident that the Jews brought slaves with them from Egypt; for the terms of the Decalogue not only imply that they were familiar with domestic slavery, but also that it was, at that time, an existing practice among them. But more than this, the Decalogue is strictly the constitution which Jehovah himself gave to the Jewish nation. Now to assume that he provided in this constitution to protect in all time to come (for it is allowed to embody immutable principles) a relation which was, in itself, an iniquity, is more than a mere absurdity—it is profanity. And it is certain that the tenth article of this constitution provides to protect the right of property in slaves: “Thou shall not covet thy neighbor’s man-servant, nor his maid-servant, nor any thing that is thy neighbor’s.”
The Saviour has recognized this law, as it was[Pg 140] originally designed to be, of universal obligation and force: “Think not that I am come to destroy the law or the prophets: I am not come to destroy, but to fulfil.” Matt. v. 17.
In accordance with this fundamental law of the nation, God proceeded to provide in their civil institutions for the operation of a regular system of domestic slavery. Under these institutions, a Hebrew might lose his liberty and become a domestic slave, in six different ways. (See A. Clarke, on Ex. xxi.)
1. In extreme poverty, he might sell his liberty. Lev. xxv. 39: “If thy brother be waxed poor and be sold unto thee.”
2. A father might sell his child. Ex. xxi. 7: “If a man sell his daughter to be a maid-servant.”
3. Insolvent debtors became the slaves of their creditors. 2 Kings iv. 1: “My husband is dead, and the creditor is come to take unto him my two sons to be bondsmen.” Also, Matt. xviii. 25.
4. A thief, if he had not money to pay the fine laid on him by the law, was to be sold for his profit whom he had robbed. Ex. xxii. 3: “If he have nothing, then he shall be sold for the theft.”
5. A Hebrew was liable to be taken in war, and sold for a slave. 2 Chron. xii. 8.
6. A Hebrew slave who had been ransomed from a Gentile by a Hebrew, might be sold[Pg 141] by him who ransomed him to one of his own nation.
All who became slaves under this system were emancipated in the seventh year, except those who should refuse to accept liberty. Ex. xxi. 2-6. They were emancipated in the year of jubilee.
But then, the law further provided for domestic slaves in perpetuity.
“Both thy bondmen and thy bondmaids which thou shalt have, shall be of the heathen that are round about you: of them shall ye buy bondmen and bondmaids. Moreover, of the children of the strangers that do sojourn among you, of them shall ye buy, and of their families that are with you, which they begat in your land; and they shall be your possession; and ye shall take them as an inheritance for your children after you, to inherit them for a possession: they shall be your bondmen for ever; but over your brethren, the children of Israel, ye shall not rule over one another with rigor.” Lev. xxv. 44-46.
The attempts which are sometimes made to prove that δοῦλος, of the Septuagint, and servus, of the Vulgate version, translated indifferently servant or slave, means only a hired servant, need only to be mentioned to be refuted. That these terms defined an actual state of slavery among the Greeks and Romans, no one acquainted with[Pg 142] the facts will deny. But whatever might be their original meaning, they are to be understood, as Bible terms, in the sense of the original Hebrew, which they are employed to express. Now, nothing is more certain than this, that the Hebrew Bible (and the same is true of the English translation) speaks of servants, hired servants, and bond servants. The term servant is the generic form, and evidently means, a person who is controlled by the will of another: hired servant is one who serves in that way by contract for a definite period; whilst bond servant is one who has either contracted to do so through his whole life, or who, by the usages of war, or by inheritance, or by purchase from another, was so bound to service—(such as Paul calls a “servant under the yoke.” 2 Tim. vi. 1.) These different relations are distinctly marked by the use of these terms in the Bible, and especially the meaning of bond servant, in distinction from a hired servant: “If thy brother that dwelleth by thee be waxen poor, and be sold unto thee, thou shall not compel him to serve as a bond servant, but as a hired servant, and as a sojourner, shall he be.” Lev. xxv. 39, 40.
Thus we find that the Jewish constitution provided to protect the right of property in servants or slaves in the generic sense: that is, whether in the one form or the other; and that He who gave[Pg 143] them their civil institutions, also provided under their constitution for the organization of a regular system of domestic slavery, in two distinct forms: the one, the enslavement, in the true generic sense, of Hebrews in given circumstances, for a definite period; and the other, the enslavement, in the same sense, of the neighboring heathen, in perpetuity.
Such was the legal origin of domestic slavery among the Jews. During all the calamities that have befallen that people, this constitution and these laws have known neither repeal nor modification. At no period of their history were they without domestic slaves; and when the Saviour dwelt among them, the whole land was filled with such slaves. No State in this Union can with more propriety be regarded a slaveholding community, than was that of the Jewish people in the days of the Saviour. In every congregation which he addressed, bond slaves may have mingled. The hospitalities of every family of which he partook, were probably ministered to him, more or less, by domestic slaves. And in all this time, and under all these circumstances, not a word is known to have escaped him, either in public or in private, declaring the relation of master and slave to be sinful! But, on the contrary, Paul’s denunciation—1 Tim. vi. 3—of the teachers[Pg 144] of abolition doctrines, that they “consent not to wholesome words, even the words of our Lord Jesus Christ,” is sufficient reason to believe that he was always understood to approve of the relation, and to condemn in express terms all attempts to abolish it as a duty of the religion which he taught. And certain it is, that this relation is made the subject of some of his most eloquent allusions, and the basis of some of his most instructive parables: “One is your Master, even Christ,” Matt. xxiii. 10: “Good Master, what shall I do?” Mark x. 17: “No man can serve two masters,” Matt. vi. 24—are specimens of the former; whilst the parable, Matt. xiii. 24-28, “And the servants said, Wilt thou that we go and gather them up?”—of the vineyard, Matt. xxi.; of the talents, Matt. xxv.; and others of a similar nature, are striking examples of the latter. And yet, young gentlemen, the author of your text says, the doctrines of the Bible, and especially the teachings of the Saviour, are “diametrically opposed to both the principle and the practice of domestic slavery.” If this be true, it is really passing strange that Jehovah himself should provide, in the organic law of the Jewish commonwealth, for the working of a system of domestic slavery, and, by a series of laws drawn up under this constitution, set such a system in[Pg 145] actual operation; and that the Saviour of mankind should also give, according to every legitimate interpretation that can be put, either upon his language or his conduct, his unqualified approbation to that which was so flatly opposed to all his doctrines! It is saying but little of all this to affirm that it is grossly absurd! It can appeal to no doctrine that we are aware of for its defence, unless it be the kindred absurdity that the will of God is not the rule of right, in this sense, that it always conforms to that which, in itself, is right, i. e., good; but that it is the rule of right in this other sense, that it is absolutely, in itself, the only rule of right; and that, in the case under consideration, domestic slavery was right for the Jews, because God so willed it, but the same thing in principle, and under similar circumstances, would be wrong for any other people, because in regard to them God had willed differently: thus assigning to Deity the power to make the wrong the right, and the right the wrong! We regret to know that this absurd view of the Divine volitions has found its way beyond the pages of Dr. Paley. It is countenanced by some writers of eminent distinction in theology. But to give it a definite application in any case, is all that is required for its entire refutation. We rely with confidence on the conclusion that what God thus provided for in[Pg 146] the Jewish constitution, was right in principle in itself, and that, under the circumstances of the Jewish people, it was right in practice.
Among the strange, if not wholly unaccountable, misconceptions, if not gross misrepresentations, of the fundamental ideas of domestic slavery, we may place those of Dr. Channing and Prof. Whewell. The latter, in his “Elements of Morality,” states that “slavery converts a person into a thing—a subject merely passive, without any of the recognized attributes of human nature.” “A slave,” he further says, “in the eye of the law which stamps him with that character, is not acknowledged as a man. He is reduced to the level of a brute;” that is, as he explains it, “he is divested of his moral nature.”
Dr. Channing, the great apostle of Unitarianism in America, says, “The very idea of a slave is that he belongs to another: that he is bound to live and labor for another; to be another’s instrument, that is, in all things, just as a threshing-machine, or another beast of burden; and to make another’s will his habitual law, however adverse to his own.” He adds, in another place, “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; violates them not incidentally,[Pg 147] but necessarily, systematically, from its very nature.”
These, together with your text, young gentlemen, are leading authorities on this subject. Following these, we should adopt the belief that the principle of slavery in question is, as they express it, “an absorption of the humanity of one man into the will of another;” or, in other words, that “slavery contemplates him, not as a responsible, but a mere sentient being—not as a man, but a brute.”
If this be so, the wonder is not, as they affirm, that the civilized world is so indignant at its outrageous wrongs, but that “it has been so slow in detecting its gross and palpable enormities: that mankind, for so many ages, acquiesced in a system as monstrously unnatural as would be a general effort to walk upon the head or to think with the feet!” We need have no hesitation in flatly denying the truth of this description, and pronouncing it a caricature. For if this be a faithful description, we can safely affirm that no instance of slavery ever existed under the authority of law in any nation known to history.
In the first place, the state of things so rhetorically described is a palpable impossibility. The constitution of the human mind is in flat contradiction to the idea of the absorption of the will,[Pg 148] the conscience, and the understanding of one man into the personality of another! This is a state of things which the human mind cannot even conceive to be possible, but does intuitively perceive to be utterly impossible. In the next place, we affirm that the idea of personal rights and personal responsibility pervades the whole system. Both the Divine and human laws which recognize the system assume the personality and responsibility of the slave. Even under the Roman and Grecian codes—which recognized far more stringent forms of slavery than that of the African in this country, at any period of its history—this view of the system will find no support. Paul and Peter, who wrote with special allusion to slaves under these laws, so far from regarding this personality as lost and swallowed up in the humanity of the master, expressly assumed their personality and responsibility. For whilst they recognize him as a servant, they treat him as a man: they declare him possessed, though a slave, of certain rights, which it was injustice in the master to disregard, and under obligation to certain duties, as a slave, which it would be sinful in him to neglect; and, moreover, that it was the office of that religion whose functions they filled, to protect these rights and duties with its most solemn sanctions. Hence they enjoin upon masters the moral obligation of[Pg 149] rendering to their bondmen “that which is just and equal,” and upon servants to “be subject to their masters with all fear, not only to the good and gentle, but also to the froward. For this is thankworthy, if a man, for conscience toward God, endure grief, suffering wrongfully.” Was this treating them as beings whose wills were absorbed in the humanity of the master, who therefore was the only accountable person for all their conduct! Nothing could be more alien from truth, and significant of falsehood! No: obedience is never applied, except as a figurative term, and especially by the apostles, to any but rational and accountable beings. And with such inspired requisitions before us—“obedience from the one, and justice from the other”—it is grossly absurd to affirm that the relation of master and slave regards the slave as a brute, and not as an accountable man. “The blind passivity of a corpse, or the mechanical obedience of a tool,” which Channing and Whewell regard as constituting the essential idea of slavery, seems never to have entered the minds of the apostles. They considered slavery as a social and political economy, in which relations involving reciprocal rights and duties subsisted, between moral, intelligent, and responsible beings, between whom, as between men in other relations, religion held the scales of justice.
[Pg 150]
The right of property in man, as man, is nowhere taught in Scripture, although it distinctly recognizes the relation of master and slave. The right which the master has in the slave, according to the Scriptures, is, not to the man, but to so much of his time and labor as is consistent with his rights of humanity. The master who disregards these claims, denies his slave that which is “just and equal.” The duty which the slave owes, is the service which, in conformity with these rights, the master exacts. A failure in either party is a breach of Scripture.
The only difference between free and slave labor is, that the one is rendered in consequence of a contract, and the other in consequence of a command. Each is service rendered according to the will of another; and each may, or may not, be according to the consent of the party rendering service. The former is often as involuntary, in point of fact, as the latter. Hirelings assent to it, in most cases, as a necessity of their condition. They do not consent to it—they are far from choosing it. A few persons reach that high attainment of a pure Christianity, in which they learn in every state in which they are placed, in the providence of God, “therewith to be content”—they choose it. But in the general, hired service is, in point of fact, as involuntary as slave labor.
[Pg 151]
A right, therefore, to the time and labor of another to a definite extent, by no means involves the right to his humanity. Such right is a mere fiction, to which even the imagination can give no significance or consistency. “It is the miserable cant of those who would storm by prejudice what they cannot demolish by argument.”
Thus, young gentlemen, that the abstract principle of the institution of slavery, and the principles of natural rights, coincide, and that both have the unqualified approbation of Holy Scripture, cannot be successfully controverted. Natural rights and the principle of slavery do not conflict. No man has a natural right to do wrong. That wherein the principle of slavery is in itself right, is that, when carried out in the form of civil government, it furnishes an instance in which the subjects of government who are liable to injure society by doing wrong, are placed under such disabilities, or in such circumstances, in which they cannot or are not likely to do this wrong, but to do that which they have a natural right to do, that is, do good. In all cases in which this principle enters into the government in such ratio or modification as to secure these ends, it coincides with natural rights, and insures to the subject the highest amount of freedom of which his moral condition will admit; it is to him essentially a free government,[Pg 152] although, in adapting itself to his moral condition, it may assume an extreme form of despotism.
Whether the Southern States of this Union have wisely adapted this principle to the moral condition of the African population residing within their borders, and thereby secured to them an essentially free government, remains to be considered.

No comments:

Post a Comment