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WILLIAM JAY
AND
THE CONSTITUTIONAL MOVEMENT FOR
THE ABOLITION OF SLAVERY
BY
BAYARD TUCKERMAN
WITH A PREFACE BY
JOHN JAY
NEW-YORK
DODD, MEAD & COMPANY
1893
Copyright by -
DoDD, MEAD & CoMPANY.,
1893,
Câminergitg 4}regg:
JoHN WILSON AND SoN, CAMBRIDGE, U. S. A.
PRIBERTA CE
BY JOHN JAY.
A PROLONGED illness, added to other causes, has dis-
appointed my hope of completing an elaborate biog-
raphy of my father. -
This memoir by Mr. Tuckerman is devoted chiefly
to the part borne by Judge Jay in the antislavery
work, to which his time and thoughts were so long
given. In this connection the memoir develops his
personal characteristics, with the constitutional prin-
ciples and national policy advocated by him in that
historic contest; while of necessity it touches but
lightly on his home life, his varied correspondence,
and his judicial charges, one of which assisted to
avert the passage of a pro-slavery legislative act in-
fringing the liberty of speech and of the press; and
the scope of the volume forbids its dwelling on his
writings on other topics, some of which are still sub-
jects of discussion. -
Judge Jay's memoir on the formation of a National
Bible Society, which in 1816 so warmly encouraged
the hopes of the venerable Boudinot, was followed by
lll
iV PREFACE.
spirited controversial pamphlets with an antagonist
as able and eminent as Bishop Hobart. The corre-
spondence after Jay's first letter was marked by an
unusual sharpness, which happily did not prevent my
cherished and lamented friend, the son and namesake
of the Bishop, from becoming in later years sincerely
attached to his father's antagonist. It was a contest
in which Jay vindicated the right of Churchmen to
assist in the distribution of the Bible, and anticipated
in this his similar efforts for a lifetime to secure the
united action of all good citizens, without regard to
creed or politics, in practicable schemes for the eleva-
tion and happiness of mankind. Among his earlier
essays were two on “Sunday: Its Value as a Civil
Institution, and Its Sacred Character”; while a third,
upon “Duelling as a Relic of Barbarism,” was hon-
oured, when the authorship was still unknown, by a
medal from an anti-duelling association at Savannah.
TEIE LIFE OF JOHN JAY.
Judge Jay, in the life of his father, which was wel-
comed as an important addition to Our American
biography of the Revolution, vindicated, by a careful
presentation of the historical evidence then available,
the Soundness of the judgment of Jay and Adams, as
peace commissioners at Paris in 1782–83, regarding the
policy of the French court as unfriendly to the Amer-
ican claims to the boundaries, the fisheries, and the
Mississippi. That judgment, afterwards acquiesced
in by Dr. Franklin in the joint violation by the com-
PREFACE. V
missioners of the instructions of Congress—a violation
that enabled them to obtain from England boundaries
and concessions far greater than either Congress or
France expected—had been roughly criticised and de-
nied, even in volumes of diplomatic correspondence
claiming an official sanction. Its vindication by
Judge Jay has recently been more than confirmed
by the ample proofs published by M. de Circourt in
the secret correspondence of the Count de Vergennes
with his able corps of diplomatic agents, as well as
by the interesting revelations in Lord Edmond Fitz-
maurice's “Life of Lord Shelburne”; and these vol-
umes have dissipated a cloud of error which for half
a century travestied the facts and dimmed the glory
of the closing act of the American Revolution.*
JAY’s “WAR AND PEACE,” AND INTERNATIONAL
ARBITRATION.
Judge Jay's little book on “War and Peace,” with
a plan of stipulation by treaty for international arbi-
tration which subsequently led to his becoming the
president of the American Peace Society, and which
before its publication attracted the attention of that
sturdy advocate for peace, Joseph Sturge, during his
visit at Bedford, seems entitled to special notice as
one whose scheme is still agitated in the governmental
and national councils of Europe. The plan promptly
received the approval of the Peace Society of London,
* The title of M. de Circourt's work is :—“Histoire de l'action com-
mune de la France et de l'Amerique pour l'Indépendence des États Unis.”
Paris, 1876.
Vi PREFACE.
and of English statesmen like Richard Cobden and
the indefatigable Henry Richard. It exercised a
European influence in the highest quarters when its
spirit, under the leadership of Lord Clarendon, re-
ceived the sanction of the great powers of Europe
who signed the Treaty at Paris in 1856. Its endorse-
ment, while cautiously expressed, was recognized as
having a new and profound significance. The Proto-
col No. 23 declared the wish of the signatory govern-
ments that states between which any serious misun-
derstanding might arise should, before appealing to
arms, have recourse, as far as circumstances might
allow, to the good offices of a friendly power; it be-
ing understood that the wish expressed by Congress
should not in any case oppose limits to that liberty
of appreciation which no power could alienate in
Questions that touched its dignity. With that limita-
tion the recommendation, in advance of a resort to
war to have recourse to a friendly power, was intro-
duced by the Congress to the International Code of
Europe; and among those great diplomatists were
the Count Walewski and Baron Bourgueny, on the
part of France; Count de Buol-Shauenstein and
Baron de Hubner, on the part of Austria; Lord
Clarendon and Lord Cowley, on the part of Great Brit-
ain; Count Orloff and Baron de Bruno, on the part
of Russia; and Count Cavour and the Marquis de
Villamarina, on the part of Sardinia. The action of
the Congress was subsequently confirmed by that of
the lesser states of Europe. Mr. Gladstone pro-
PREFACE. Vii
nounced the protocol “a very great triumph, a power-
ful engine in behalf of civilized humanity.” The late
Earl of Derby referred to it as “the principle which
to its immortal honour was embodied in the protocols
of the Conference at Paris”; and the Earl of Malmes-
bury pronounced the act “one important to civiliza-
tion and to the security of the peace of Europe.” The
idea that this scheme is more and more regarded as
Widely applicable to international disputes, as easily
practicable and profoundly important to the peace
of nations, would seem probable from the extent to
which, as the century approaches its completion, the
scheme has occupied more and more the attention of
both the statesmen and of the masses who are the
most interested in discovering a substitute for war.
For a time after the Geneva award, the moral weight
and value of international arbitration seemed to be
more doubted than ever. It was said that while the
scheme had in that case avoided War, it had suggested
the probability of claims so extravagant and inad-
missible as almost to force the opposing party to
break the treaty under the cover of which they were
advanced, even at the risk of increased hostility
and a resort to War; and that the escape of both na-
tions from such a catastrophe by the action of the
Genevan Court in dismissing without argument the
American claims for indirect damages was but a
happy accident. But this idea seems to have been
Succeeded by the happier thought that an appeal to
international arbitration is an appeal to the fairness
Viii PREFACE.
of the world, and that the question for the parties,
judges, and spectators is so clearly one of honour, that
no nation can afford to ask what the justice of the
World candidly disapproves. In the case of the Gene-
va Congress, while the rejected claims were presented
in the name of the President, General Grant himself
subsequently denied their justice and approved their
rejection. Sir Lyon (now Lord) Playfair, who per-
haps appreciates the entire subject of arbitration as
thoroughly as any living statesman, gave an interest-
ing sketch of its recent progress, both in Europe and
America, in a paper entitled, “A Topic for Christmas,”
in the North American Review for December, 1890.
Three years before, Sir Lyon had headed a deputation
of members of the English Parliament who came to
present to the President of the United States a me-
morial from 234 members of the House of Commons,
with delegates from English Trades Unions represent-
ing 700,000 workingmen. Congress in response con-
currently resolved to invite from time to time, as fit
occasion might arise, negotiations with any govern-
ment with which the United States has or may have
diplomatic relations, to the end that any differences
or disputes arising between the two governments
which cannot be settled by diplomatic agency may
be referred to arbitration and be peacefully adjusted
by such means. Although Europe is supposed by
many to be awaiting a war of gigantic magnitude,
Sir Lyon, referring to the approval of arbitration by
the Pan-American Congress by continental parlia-
PREFA CE. ix
ments and international assemblies at Paris and Lon-
don, said that the legislatures which had already
passed resolutions in favor of arbitration represented
150,000,000 of people, and remarked that the exten-
sion of that feeling would be a better force than an in-
ternational police to secure the observance of treaties.
The excess of war preparation already endangering
national credit and threatening national bankruptcy
is quoted as proving that the arbitration idea will be
insisted upon, and in the anticipated movement the
United States is described as fitted to be the leading
champion of arbitration. Sheridan is quoted among
others as saying: “I mean what I say when I express
the belief that arbitration will rule the World.” The
scheme is now represented as likely to be accepted
by thinkers who reject the thought of Kant, Bentham,
and Mills for an international Congress; and Sir Lyon
Playfair, in connection with the idea of arbitration,
Quotes the remark of Mazzini that “thought is the
action of men and action the thought of the people.”
“THE WAR WITH MEXICO,” AND ANTISLAVERY PAPERS.
The “Review of the War with Mexico " stands
among Judge Jay's volumes unexcelled by exactness
of congressional, diplomatic, and, to Some extent, mil-
itary research; and by plainness of speech in regard
to national Outrages and perfidy without a name, per-
petrated in the cause of slavery; and his writings gen-
erally on this subject show the same accurate inquiry
and outspoken frankness. It was on the varied phases
X PREFACE.
of our treatment of the coloured people, free and slave,
at our own doors, the cruel wrong so full of injustice
to the blacks, of scandal to Christendom, and of men-
ace to the republic, that Jay wrote with deepest ear-
nestness, the most exacting research, and a fearless
pen. His inquiry into “The American Colonization
and the Antislavery Societies” and “The Action of
the Federal Government in Behalf of Slavery,” de-
veloped facts which implicated prominent politicians
of both parties, and aroused at once their surprise
and indignation, while the disclosure directly ap-
pealed to the pride and conscience of the American
people. The same judicial, dauntless, and defiant
spirit marked the appeals which he prepared for the
Antislavery Society against the calumnies of the
press, and the dignified protest against the libellous
charges so unworthily made by President Jackson in
his message to Congress. The same spirit animated
his address on “The Condition of the People of Colour
in the United States”; the “Appeal to the Friends
of Constitutional Liberty, on the Violation by the
House of Representatives of the Right of Petition”;
his supplement to “The Reproof of the American
Church,” by Bishop Wilberforce of Oxford; the ex-
posure in the letter to Bishop Ives of the clerical
efforts to sanctify slavery and caste; and his ear-
nest demand for the equal admission of the coloured
churches to the Diocesan Council of New York. So,
too, with the critical analysis of Mr. Clay’s “Com-
promise Bill,” including the Fugitive Law and Mr.
JPREFACE. xi
Webster's “Theory of Physical Geography”; his ad-
dress to the inhabitants of New Mexico and Califor-
nia, so timely distributed in English and Spanish, and
so happily followed in California by a free constitu-
tion, urging them to resist the domination of slavery
with its ignorance and degradation, and to Secure, by
their own manly independence and just statesman-
ship, a glorious future of power and happiness; his
address to the antislavery Christians; and his plain
reminders to the Protestant Episcopal Church, and
to the Tract and other societies, of the inconsistency
and evil influence of their compromising pro-slavery
policy.
CONSTITUTIONAL PRINCIPLES-AN HISTORIC PARALLEL.
The part of Jay's life pictured by Mr. Tuckerman
not only exhibits these characteristics, but shows the
Antislavery Society to have been founded by his care,
in 1833, on constitutional principles So just and SO
clearly defined, that in 1839 sixteen hundred and
fifty auxiliary societies had been established on the
same basis, educating the rising generation, on whom
was to rest the destiny of the country in the near
future. It was an education of the quiet and effective
influence of which the pro-slavery leaders seemed un-
conscious, although to some it may recall the thought
of Dr. Storrs, when he said:—“When I think of a mil-
lennium in our time, in our civilization, my thought
rests and fastens on the promise, ‘a little child shall lead
them.’” The charge had already been made against
xii PREFACE.
the opponents of slavery of a disregard of constitu-
tional obligations—of a desire to dissolve the Union
and to encourage slave insurrection. The society de-
clared the exclusive right of each slave State to legis-
late in regard to slavery; the constitutional right of
Congress to abolish slavery in the District of Colum-
bia, to prohibit it in the Territories and new States,
and to control the domestic as well as the foreign
slave trade; and it disclaimed the idea of countenanc-
ing the slaves in vindicating their rights by resort-
ing to physical force. And here is suggested, by the
action and the anticipation of the Slave Power, an in-
teresting historic parallel. The formation of the An-
tislavery Society in December, 1833, followed closely
upon Mr. Calhoun’s Nullification in South Carolina
in 1832, when, as Mr. Pollard tell us, a medal was
struck inscribed, “John C. Calhoun, First President
of the C. S. A.” A counterpart of this medal in gold
is said to exist at Richmond, with the name of Jeffer-
son Davis as the first president of the Southern Con-
federacy, and “1861” on the reverse side.
These incidents seem to emphasize the fact that the
constitutional principles adopted by the Antislavery
Society in 1833, and so widely circulated by the press
and its auxiliaries before the war, although often
assailed, were, in 1854, made the basis of the Repub-
lican party, which, as Americans of all sections may
now with mutual regard and affection thank God,
maintained the Union and abolished slavery. Such a
revolution in public opinion is a forcible reminder of
PREFACE. xiii
the truth that every principle contains within itself
the germ of a prophecy, and it is a thought fraught
with hope and confidence to reformers even when
they seem to be threatened with disaster and defeat.
THE EARLY SCHEME FOR A SOUTHERN CONFEDERACY.
The determination to found a confederacy with
slavery as its cornerstone appears as a fundamental
feature in the policy of the Slave Power for some
thirty years before the outbreak of the Civil War. Mr.
Calhoun’s idea of secession, apparently suggested by
the tariff, General Jackson predicted would be renewed
on the question of slavery. The novel of Prof. Bev-
erly Tucker in 1835, entitled, “The Partisan Leader;
or, Twenty Years After,” foreshadowed the steps at
home and abroad which were taken in forming the
new confederacy; and in the South Carolina Conven-
tion in 1860, Southern politicians like Rhett, Parker,
Reith, and Inglis said that the matter had nothing
to do with Mr. Lincoln or the Fugitive Law, but had
been culminating for a long series of years. The
thought of a Southern Confederacy may have stimu-
lated the policy of using the power of the Republic,
while it lasted, in the interest of the Confederacy that
was to succeed it; supplying a motive for the Texan
Rebellion, the War with Mexico, the effort to secure
Cuba, the filibustering expeditions to Central Amer-
ica, the determination to reopen the African slave-
trade, and the pro-slavery action of the Buchanan
administration.
xiv. - PREFACE.
NORTHERN AND EUROPEAN SYMPATHY WITH SLAVERY.
It would be hardly fair to the Southern leaders to
assume that they found no reason for their hope of
effecting the dissolution of the Union in the sym-
pathy and aid promised from the North and from
Europe. The secret conferences with Lord Lyons
of Northern sympathizers with slavery were dis-
closed by the despatches of that eminent diplomatist.
Mayor Fernando Wood's proposition that New York
should become a free city, independent both of the
States and the nation, showed in no slight degree the
temper of the citizens whom he represented; while
the later appeal of SO eminent and popular a leader
as Governor Horatio Seymour to the citizens of the
State was equally significant when he said, “In the
downfall of the nation, and amid its crumbling
ruins, we will cling to the fortunes of New York.”
Such utterances enforced by leaders of the prom-
inence of Franklin Pierce and Wallandingham; the
political action of sympathizers with slavery and
the anti-draft riots in New York, supplemented by
the unfriendliness of European governments; and
the escape of the “Alabama”—all these circum-
stances tended to encourage the hopes that were
doomed to disappointment. Nor in considering the
antislavery movement should we overlook the effect
of the antislavery opinion of our country in ending
the danger of European intervention, which had been
unwittingly encouraged by Mr. Seward's too hasty
PIREFACE. XV
assurance to our minister in France (April 22, 1861),
that “the revolution was without a cause, without a
pretext, and without an object; and that the condi-
tion of slavery in the several States would remain just
the same, whether it should succeed or fail.” The
antislavery policy, first of enlistment and then of
emancipation, so earnestly urged upon Mr. Lincoln
and adopted by him with conscientious caution, en-
lightened Europe as to the true meaning of the con-
test in our recognition of the equal right to free-
dom and the equal dignity of labour, and forbade
its rulers to assist in the establishment of a slave
confederacy; and the historian Lessing, when allud-
ing to the cordial reception by his holiness the Sov-
ereign Pontiff of the diplomatic agents of Mr. Jeffer-
son Davis, and the Papal letter recognizing and com-
mending “the illustrious President of the Southern
Confederacy,” remarks that this was “the only official
recognition of the chief conspirator by the head of
any government.” Nor should the right appreciation
by the abolitionists of the prospect of freedom for the
slaves be forgotten. The fidelity of the negroes during
the war, both to the families with whom they lived, to
which Vice-President Stephens bore distinct testi-
mony, and to the Northern army, from which they
expected emancipation, was no less honourable and
conspicuous than the devotion and gallantry they con-
stantly exhibited in the war, as at Fort Hudson and
Fort Wagner, at Milliken's Bend and Lake Providence,
at Newbern and at Olustee, where their rear-guard
xvi PREFACE.
saved the army. Their conduct, whether at home or
in the field, justified the conviction of their steadfast
friends in the safety of immediate emancipation, and
added untold force to the sacredness of the pledges so
often given during the war, and still, to the national
discredit, unfulfilled—of national aid to State educa-
tion, so as to secure to every child of our coloured
citizens the ability to read his Bible and the Constitu-
tion, to fulfill his duties and protect his rights.
As time and reflection impress upon the American
mind a clear comprehension of the changes, national,
social, and political, that a triumph of the Slave Power
would have brought to America and its effect as a
set-back to the civilization of the world, an increased
interest will be felt in the beginnings of the contest,
and in the men and causes that shaped its end.
THE LESSON FOR TO-DAY.
I cordially recommend Mr. Tuckerman's memoir to
the students of the antislavery contest, as throwing
light on that interesting and but partially written
chapter of American history, in which my father bore
a part; and on the character and policy of the Sturdy
band with whom he was associated, including Arthur
and Lewis Tappan, Joshua Leavitt, James G. Bir-
ney, Gerrit Smith, and their true-hearted compa-
triots; while a wider view would include a group of
noble women, who, if differing as to means, were
united in devotion, headed by the honoured names
of Maria Weston Chapman and Harriet Beecher
\
PREFACE. xvii
Stowe, Lucretia Mott, Lydia Maria Child, and the sis-
ters Grimké.
Among our citizens who will be long remembered
as early and fearless opponents of slavery, leading and
acting with energy and independence, according to
their personal convictions and occasionally in differ-
ing ways, were the venerable Isaac T. Hopper, William
Lloyd Garrison, whose life has been so faithfully re-
corded by his sons, John Greenleaf Whittier, whose
old Huguenot spirit lives in his verse as in his name,
Ellis Gray Loring, Lovejoy, the martyr of the west,
Wendell Phillips, with his matchless eloquence, Theo-
dore D. Weld, with his trenchant pen, Elizur Wright,
Jr., Samuel R. Ward, William Goodell, S. S. Jocelyn,
Gamaliel Bailey, Jr., Edmund Quincey, S. H. Gay,
Oliver Johnston, James S. Gibbons, and others, who
opened the way—sometimes by devious and diverg-
ing paths—for the party of the Union and Eman-
cipation.
As the contest advanced from the field of politics
to that of war, came Union men from different points
whose names will live in our history with those of
John A. Andrew, John C. Fremont, John P. Hale,
Chase, Sumner, Seward, Preston and John A. King,
Wilmot, Giddings, Wade, Holt, and Edwin D. Stan-
ton. In New York, where mob law had prevailed,
the Union League Club upheld the loyalty of the
city, the credit of the nation, and the sanitary com-
mission; raised troops for Hancock in addition to its
OWn coloured regiments; stimulated the ardour of our
xviii PREFACE.
soldiers and the patriotism of the country; welcomed,
of the army, Grant and Sherman, Mead and Sheridan,
Hancock and Hooker, Warren and Burnside, and of
the navy, Farragut, Dupont and Rogers, Winslow
and the youthful Cushing; verifying in its spirit and
action the remark of Vice-President Colfax that on
the Union League Club Lincoln had leaned in the
darkest hours.
The Club did not forget, neither will the truthful
historian forget, that amid the European plots and
intrigues in the interest of slavery, we had friends
high and low, from Alexander of Russia, the emanci-
pator of twenty millions of serfs—who, like Lincoln,
fell by assassination—to the humble peasants, who
instinctively recognised the hostility to the rights of
labor inherent in the slavery system, whose vicious
features had been exposed by John Bright with such
masterly effect.
Goldwin Smith, the historic scholar of Oxford, who
at home had denounced those who would have made
England an accomplice in “the creation of a great
slave empire, and in its future extension from the
grave of Washington to the Halls of Montezuma,” in
his reply to the greetings of the eminent citizens who
had asked him to the club and who assembled to meet
him,” said, “Your cause is ours; it is the cause of the
whole human race.” The same idea, in almost the
same words, was expressed by the Count de Cavour
* In view of their historic significance, their names are given in the
Appendix. -
PREFACE. xix
a few days before his death, in a despatch to the
Italian Minister at Washington, when he said “that
ours was the cause not only of constitutional liberty,
but of all humanity.”
The antislavery story from the Calhoun medal,
struck to commemorate the supposed birth of a slave
empire to the constitutional abolition of slavery,
concerned humanity, and has lessons of warning
and encouragement for the men and women of to-
day, on whom rest the hopes of the country, and
who, against Odds that seem as formidable as those
presented by the Slave Power at its culmination, are
bravely striving for the advance of humanity, the
purification of our politics, and the preservation of
American institutions. They may well adopt the in-
spiriting legend of Geneva to which the antislavery
contest of America has given a new radiance, “Post
tenebras lux.” Our institutions, no longer endan-
gered by slavery, are assailed with skilful intrigue
in their own strongholds, the public school and the
polls, especially of our great cities, where a corrupt,
irresponsible, secret rule recalls the Council of Ten
and the Lion of Saint Mark, and now it is charged
that our very legislation at times is not simply par-
tisan but fraudulent. The incompatibility of such
proceedings with American principles and American
rights recalls with emphatic force the warning so dis-
tinctly and repeatedly given us by Dr. Orestes A.
Brownson, that eminent and philosophic representa-
tive of our citizens of the Roman Catholic faith who
XX PREFACE.
stand squarely by the American constitution and
American institutions, of the danger of allowing for-
eigners to meddle with our public schools when he said
that American civilization was “the farthest point in
advance yet reached by any age or nation, and that
foreigners who come to educate according to their
civilization necessarily educate for a civilization be-
hind the times and below that of this country.”
The enlightening effect of an impartial study of the
antislavery contest on an independent and philosophic
critic can be read in the interesting and instructive
pages of Von Holst; and a review of that contest,
from the first presentment of the principles of the
Antislavery Society to the parting scene of Grant
and Lee at Appomatox, and the adoption of the con-
stitutional amendment of emancipation, affords, step
by step, amid whatever mistakes and blunders, evi-
dence which becomes the more striking and conclu-
sive, as time passes, of what was accomplished in the
antislavery struggle for humanity and the world in
shaping the future of the Republic, by calm resolve,
a faithful adhesion to truth and principle, patient per-
severance, unflinching courage, faith in the triumph
of right, American manliness, and far-sighted Chris-
tian statesmanship.
BEDFORD HOUSE, Katonah,
New York, May, 1893.
CONTENTS.
CELAPTER I.
PAGE
Birth and Education of William Jay.—His Early Philanthropic In-
terests.—Appointed Judge of Westchester County. . . . . . . . . . . . 1
CELAPTER II.
Early Opposition to Slavery.—Growth of the Slave Power.—The
Missouri Compromise.—Jay begins Political Agitation for the
Abolition of Slavery in the District of Columbia. . . . . . . . . . . . . .
CELAPTER III.
Development of the Antislavery Movement.—Organization of Anti-
slavery Societies.—Anti-Abolition Riots.-Jay publishes his
CHAPTER IV.
Continued Efforts to suppress the Antislavery Movement by Force
and Intimidation.—Favourable Effect upon the Public Mind
produced by Jay's Writings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER V.
Gradual Decline of Riotous Demonstrations against the Abolition-
ists.-Changes occur in the Doctrines and Methods of the
American Antislavery Society.—Judge Jay resigns his Mem-
bership, while continuing his Efforts on Behalf of Emancipa-
18
39
63
xxii CONTENTS,
CHAPTER VI.
IPAGE
Judge Jay continues to support the Antislavery Cause by his Ad-
vice and Writings.—In Consequence of his Opinions he is de-
prived of his Seat on the Bench.—His Visit to Europe.—His
Views on the Liberty Party.—On the Annexation of Texas.-
His “Review of the Mexican War.”—His Advocacy of Inter-
national Arbitration as a Remedy for War.—His Work in the
Episcopal Church. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
CHAPTER VII.
Unpopularity of the Abolitionists.-The Compromises of 1850 and
the Fugitive-Slave Law.—Jay's Reply to Webster's 7th of
March Speech.-The Attitude of the Episcopal Church.—The
Abrogation of the Missouri Compromise—Disunion ......... 135
CELAPTER VIII.
Death of Judge Jay.—His Position among Antislavery Men.—His
other Public and Philanthropic Interests.—His Private Life.
—His Character. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
Bibliography. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
Index. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
ILLUSTRATIONS.
William Jay, from a crayon by Martin.................. Frontispiece.
View of Bedford House, the home of Judge Jay. . . . . . . . . . . . . . . . . 9
Chief-Justice Jay, from a painting by Gilbert Stuart ... . . . . . . . . . . 39
William Jay, from a painting by Vanderlyn. . . . . . . . . . . . . . . . . . . . . . 81
William Jay, from a painting by Wenzler. . . . . . . . . . . . . . . . . . . . . . . 135
Mrs. William Jay, from a painting by W. E. West............... 164
WILLIAM JAY.
CEIAPTER I.
BIRTH AND EDUCATION OF WILLIAM JAY.—HIS EARLY
PEIILANTHEOPIC INTEREST.S.—APPOINTED JUDGE OF
WESTCHESTER COUNTY.
WILLIAM JAY, the second son of John Jay, the first
Chief-Justice of the United States, and his wife,
Sarah Van Brugh Livingston, was born in the city
of New York the 16th of June, 1789. New York was
then the seat of the Federal Government, and the
year is memorable as that in which the National
Constitution superseded the Articles of Confedera-
tion, while the inauguration of Washington marked
a new era in American history.
During the absence of John Jay in England, while
negotiating the “Jay treaty,” he was elected Gov-
ernor of New York, and returned home to assume
that office in 1795.
William, then eight years old, was placed at school
with the Rev. Thomas Ellison, the rector of St. Peter's
Church, Albany. There he received an old-fashioned
training. In 1801 he wrote to his father: “Mr. Elli-
2 WILLIAM JAY.
Son put me in Virgil, and I can now say the first
two eclogues by heart, and construe and parse and
scan them.” And later on : “I learn nothing but
Latin.” Among his schoolmates was J. Fenimore
Cooper, who afterwards drew a portrait of their old
instructor in one of his “Sketches of England,” ad-
dressed to Jay :
“Thirty-six years ago you and I were schoolfellows
and classmates in the house of a clergyman of the
true English school. This man was an epitome of
the national prejudices and in some respects of the
national character. He was the son of a beneficed
clergyman in England, had been regularly graduated
at Oxford and admitted to orders; entertained a
most profound reverence for the King and the nobil-
ity ; was not backward in expressing his contempt
for all classes of dissenters and all ungentlemanly
sects; was particularly severe on the immoralities of
the French Revolution, and though eating our bread,
was not especially lenient to our own ; compelled
you and me to begin Virgil with the eclogues, and
Cicero with the knotty phrase that opens the oration
in favour of the poet Archias, “because these writers
would not have placed them first in the books if they
did not intend people to read them first'; spent his
money freely and sometimes that of other people ;
was particularly tenacious of the ritual and of all the
decencies of the Church ; detested a democrat as he
did the devil; cracked his jokes daily about Mr.
Jefferson, never failing to place his libertinism in
COLLEGE LIFE. 3
strong relief against the approved morals of George
III., of several passages in whose history it is chari-
table to suppose he was ignorant; prayed fervently
on Sunday, and decried all morals, institutions,
churches, manners, and laws but those of England
from Monday to Saturday.”
Still, Jay and Cooper were indebted to Ellison's
thoroughness in the classics for much of the mental
training, the correct taste, and the pure English
which marked their subsequent intellectual efforts.
Jay was prepared for college by Henry Davis,
afterwards president of Hamilton College. The boy
as he appeared at this time Was thus described by his
cousin, Susan Sedgwick: “As I look back to that
fresh spring-time of life, there rises clearly before me
a vigorous, sturdy boy, full of health and animation,
with laughing eyes, cheeks glowing and dimpled, and
exhibiting already marked traits: with a strong will,
yet easily reduced by rightful authority; in temper
Quick, even to passion, but never vindictive; the
storm easily raised as Soon appeased, thus fore-
shadowing him at that later period, when, however
capable of self-control, his fearless resistance to
Wrong and uncompromising advocacy of right par-
took of the same vehement character, happily ex-
pressed by his friend, Mr. Fenimore Cooper, who, in
reference to his then recently published denunciation
of the evils of war, addressed him playfully, ‘Thou
most pugnacious man of peace.”
William entered Yale College in January, 1804, in
4 WILLIAM JAY.
his fifteenth year. Upon the college roll during his
four years were names afterwards well known in our
history. There were trained side by side boys who
were soon to be arrayed against each other in
religion, politics, and in the momentous conflict of
slavery with freedom, which, passing from the senate
to the field, their sons and grandsons were to termi-
nate by the sword. From the State of South Carolina
came John C. Calhoun, who significantly chose for
the subject of his graduating oration, “The Qualifi-
cations Necessary for a Perfect Statesman; ” Chris-
topher Edward Gadsden, afterwards bishop of his
native State; and Thomas Smith Grimké, eminent
at the bar, in Scholarship and philanthropy. Among
the Northern students was the Rev. John Pierpont,
known as the reformer and poet, who at the age of
seventy-six went to the front during the Civil War
as chaplain of a Massachusetts regiment; Hon. Henry
Randolph Storrs, of New York, the jurist; Rev. Dr.
Nathaniel William Taylor, of the Calvinistic school
of Edwards and Dwight; Dr. Thomas H. Gallaudet,
of Huguenot descent, who devoted himself to the
education of deaf-mutes; Dr. Alexander H. Stevens,
of New York; Rev. Dr. Samuel Farmer Jarvis, the
learned professor of oriental literature; Rev. Dr.
Gardiner Spring, of New York, the famous Presby-
terian divine; the Hon. William Huntington, of
Connecticut; Jacob Sutherland, of New York; and
James A. Hillhouse, of New Haven, one of the most
scholarly of our poets, whose generous hospitality at
COLLEGE LIFE. 5
his beautiful home, Sachem's Wood, with its avenue
of stately elms planted by his father and himself,
was for many years the delight of his friends. At
Yale Jay met Cooper again, and strengthened a
friendship which lasted through life. It was during
a visit at Bedford, about 1825, while sitting on the
piazza with Chief-Justice Jay, smoking and talking
of the incidents of the Revolution, that Fenimore
Cooper learned the adventures of a patriotic Ameri-
can, who was apparently attached to the royal cause,
but who constantly warned of danger the Continental
Army in Westchester and was especially useful dur-
ing the sitting of the State convention at White
Plains. The services and escapes of this man were
reproduced in “Harvey Birch, the Spy of the Neutral
Ground,” which achieved so great a success at home
and in Europe, where it still holds its place, having
been honoured by more translations, including the
Persian and Arabic, than any similar work written in
English until the appearance of “Uncle Tom's Cabin.”
In a letter to his grandson, William Jay, in 1852,
Judge Jay gave some particulars of his college
course, which show the simplicity of life in those
days and the still lingering influence of English
habits: “Through the influence of a professor with
whom I had previously lived, I was placed in the
room of a resident graduate. The resident graduates
were denominated “Sirs’; they had a pew in the
chapel called the Sirs' pew ; and when spoken of in
college always had Sir prefixed to their names. My
6 WILLIAM JAY.
room-mate was Sir Holly (Dr. Horace Holly). As a
mere freshman I looked up to my room-mate with
great respect and treated him accordingly. We had
no servants to wait on us, except that a man came
every morning to make our beds and sweep the
room, and Once a week to scatter clean white sand
on the floor. I rose early—generally before six in
winter—made the fire, and then went, pitcher in
hand, often wading through snow, for water for Sir
Holly and myself. At that time the freshmen
occupied in part the place of sizers in the English
universities, and they were required to run errands
for the Seniors. Our meals were taken in a large
hall with a kitchen opening into it. The students
were arranged at tables according to their classes.
All sat on Wooden benches, not excepting the tutors;
the latter had a table to themselves on an elevated
platform whence they had a view of the whole com-
pany. But it was rather difficult for them to attend
to their plates and to watch two hundred boys at the
same time. Salt beef Once a day and dry cod were
perhaps the most usual dishes. On Sunday morn-
ings during the winter our breakfast-tables were
graced with large tin milk-cans filled with stewed
Oysters; at the proper season we were occasionally
treated at dinner with green peas. As you may
suppose, a goodly number of waiters were needed in
the hall. These were all students, and many of them
among the best and most esteemed scholars. About
half-past five in winter the bell summoned us from
COLLEGE LIFE. 7
our beds, and at six it called us to prayers in the
chapel. We next repaired to the recitation-rooms
and recited by candle-light the lessons we had
studied the preceding evening. At eight We had
breakfast, and at nine the bell warned us to Our
rooms. At twelve it called us to a recitation or a
lecture. After dinner we recommenced our studies
and recited for the third time at four o’clock. During
study hours the tutors would frequently go the
rounds, looking into our rooms to see that we were
not playing truant. Before supper, we all attended
evening prayers in the chapel.”
The presidency of the college was then occupied
by Dr. Timothy Dwight, who also gave instruction
in belles-lettres, oratory, and theology. To him. Jay
wrote in 1818: “I retain a grateful recollection of
your kind attention to me, and I have, and trust will
ever have, reason to acknowledge the goodness of
Providence in placing me under your care, when
many of my opinions were to be formed and my prin-
ciples established.” Still later, he wrote to a college
friend: “Your remarks on Dr. Dwight are grateful
to my heart. I cherish his memory as one of the best
friends I ever had.”
In his senior year Jay took part in debates among
the students, presided over by Dr. Dwight. Some
of the subjects discussed were: “Ought infidels to
be excluded from office?” “Ought religion to be
supported by law?” “Would a division of the Union
be politic?” “Would it be politic to encourage manu-
8 - WILLIAM JAY.
factures in the United States?” On the last ques-
tion Dr. Dwight remarked: “We shall always buy
things where we can get them the cheapest; we will
never make our commodities so long as we can buy
them better and cheaper elsewhere.” Jay displayed
his natural inclination for the law by contributing a
series of articles on legal subjects, over the signature
of “Coke,” to the Literary Cabinet, the students'
paper. He took his degree in September, 1807, hav-
ing injured his eyesight in his efforts to attain a
high standing in his class. “During the winter of
my junior year,” he wrote in warning to his grand-
son William, “I was struggling hard for honours,
and trying to make up for lost time; I used to rise
about four o'clock, light my fire, and sit down to the
study of conic sections. I brought on a weakness in
my eyes which lasted several years. Be sure you
never rise before the sun and study your Latin and
Greek by candle-light or gas-light.”
After graduation Jay went to Albany and began
the study of the law in the office of John B. Henry.
On the 3d of September, 1812, he married Augusta,
daughter of John McVickar, a merchant of New
York, and vestryman of Trinity Church. The diffi-
culty with his eyesight, which had seriously inter-
fered with his legal studies, became so pronounced
as to compel him to abandon his profession for SOme
years. During this period he retired with his wife
to his father's country seat, “Bedford,” in West-
chester County, and there devoted himself with

FARMING AT BEDIFORD. 9
energy to agricultural pursuits. The farm included
about eight hundred acres, part of a tract purchased
by Jacobus van Cortlandt from Katonah Sagamore
and other Indian chieftains in 1700, and confirmed
by patent of Queen Anne in 1704. It had come to
Chief-Justice Jay partly through his mother, Mary
van Cortlandt, the wife of Peter Jay, and partly
through her sister, Eve van Cortlandt, the wife of
Judge John Chambers.
Of the forty fields into which the farm was
divided, Jay kept a separate account: showing the
tillage and produce, the drainage and fencing, the
dates of planting and reaping. A volume of this
kind, begun in 1816, contained entries as late as 1857,
the year before his death. He perfected himself in
grafting and budding, and was particularly success-
ful with peaches, with cherries, pears and plums,
some of them with Huguenot names and memories,
and with muskmelons from Persian seed, brought
to him from the East by a friend. He raised horses
from imported stock, Merino sheep, and superin-
tended the curing of hams from a Westphalian
recipe, furnished by an old Hessian farm hand—one
of the hirelings who had come to conquer and re-
mained to cultivate the country. In 1818 Jay and
Fenimore Cooper drafted the constitution for an
agricultural society of which Governor Jay was the
first president and General Pierre van Cortlandt the
second—an institution of great use in the develop-
ment of Westchester County.
10 WILLIAM JAY.
In 1815, when twenty-six years of age, Jay entered
upon that course of active philanthropy which for
the next forty years employed his thoughts and pen.
His first effort was directed to the improvement of
his native town of Bedford in the organization of
the Society for the Suppression of Vice. By means
of this society, of which he was the secretary, he
did much to restrain the liquor traffic and to dimin-
ish intemperance. Later on, as a judge, he used all
the power of the law to the same end; and it was he
who suggested the law, still in force, which forbids a
tavern-keeper to supply drink on credit.
An interesting incident in this early period of his
life was the part which he bore in founding the
American Bible Society, in organizing its machinery
for the immense work it had to perform, and in vin-
dicating the principles of the society against the at-
tacks of the opposing party in his own church. In
this struggle Jay proved the independence of char-
acter and courage of conviction which afterwards
distinguished him through the seemingly hopeless
years of antislavery effort. The general distribution
of Bibles in our day makes it difficult to appreciate
the limited supply, the high cost, and the consequent
rarity of the Bible when this society began its
work. The High-Church party in New York were
opposed to the association of Episcopalians with
other Christians to circulate the Bible, and opposed
even to the distribution of the Bible, unless accom-
panied by the Prayer-book as an interpreter. In
THE AMERICAN BIBLE SOCIETY. 11
these views they were vigorously supported by
their distinguished leader, Bishop John Henry Ho-
bart. Jay, who had inherited with his Huguenot
blood a faith in the Bible not to be restrained by
ecclesiastical assumption, was an officer of the West-
chester Bible Society and deeply interested in the
work. On the appearance of a pastoral letter from
Bishop Hobart in which the High-Church views
were expressed, he published a pamphlet showing
that it was “the interest and duty of Episcopalians
to unite with their fellow-Christians of all denomi-
nations in spreading the knowledge of the Word of
God.” This pamphlet brought him into an active
conflict with the eminent bishop which lasted for
several years, and taught him that a philanthropic
cause, even So plainly meritorious, was not to be
carried on without the opposition of powerful con-
servative interests.
Convinced that a national society could accom-
plish more than the local and scattered State Bible
societies, Jay published a pamphlet in 1816 which
showed the imperative importance of the work,
and urged united action. At the same time the
venerable Elias Boudinot of New Jersey was ex-
erting himself to the same end. When he received
a letter from Jay enclosing the pamphlet, he thus
welcomed his youthful ally: “These precious mo-
ments I have devoted to a full consideration of one
of the greatest and most interesting subjects that
has ever concerned the children of men. Weak and
12 WILLIAM JAY.
feeble and scarcely able to think or Write, my efforts
promised but little in the cause, when your welcome
and unexpected letter was brought in. My drooping
spirits were raised and my mind greatly revived. I
could not help giving glory to God for the great en-
couragement afforded me to press on in this glorious
cause, when I thus beheld His special mercy in rais-
ing up so powerful a support in this joyous work
and labour of love.” In the same year the American
Bible Society was formed with the assistance of the
best names in the country. Elias Boudinot was
chosen president, with John Jay and Matthew
Clarkson, a gallant officer of the Revolution, as vice-
presidents. Others on the roll were: John Langdon,
the statesman of New Hampshire; William Gray,
the eminent merchant of Boston; the scholarly John
Cotton Smith, of Connecticut, with the blood of the
Cottons and the Mathers of colonial history; Will-
iam Tighlman, the jurist of Pennsylvania; William
Wirt and Bushrod Washington, of Virginia; Charles
Cotesworth Pinckney, of South Carolina; Governor
Worthington, of Ohio; John Bolton, of Georgia;
Felix Grundy, of Tennessee; and of New York: Dr.
John B. Romeyne; Colonel Richard Varick, Wash-
ington's aide; Daniel D. Tompkins, the Governor
who obtained the abolition of slavery in the State;
John Pintard, John Aspinwall, Jeremiah Evarts,
Frederic de Peyster, George Griffin, De Witt Clinton,
the Patroon Stephen van Rensselaer, and Colonel
Henry Rutgers.
IARLY WIBITINGS. 13
Notwithstanding the honourable support given to
the society, it had to resist a carefully Organized
assault on the part of Bishop Hobart and an influ-
ential portion of his clergy aimed at the vital prin-
ciple on which the success of the movement de-
pended—the cordial union of all Christians. Jay's
previous training in the same field of controversy,
his staunch devotion at once to his cause and to his
church, designated him as the proper person to carry
on, in behalf of the society, the war of letters and
pamphlets which ensued. Although pitted against
an adversary to whom age, experience, and station
gave great advantages, he acquitted himself with
credit, displaying literary and reasoning powers
which were soon to exert a potent effect upon the
great moral issue of our time.
Other questions of a philanthropic character occu-
pied his pen. The Synod of Albany having offered a
prize for the best essay on the observance of the
Sabbath, Jay competed for it with success. A more
notable incident of the same sort occurred in 1828.
The Savannah Anti-duelling Association offered a
medal for the best argument against duelling. The
committee appointed to judge the essays were: John
Cummings; James M. Wayne, subsequently ap-
pointed by President Jackson a justice of the
Supreme Court; R. W. Habersham, afterwards
Governor of Georgia; William Law; and Matthew
Hall McAllister, mayor of Savannah and an oppo-
nent of Nullification in 1832. That in 1828 these
14 WILLIAM JAY.
Southern men were seeking to root out the habit
of duelling, and that the prize should have been
awarded by them to William Jay, is a curious com-
mentary on the connection between slavery and
duelling. At this time both practices had their
opponents at the South who were allowed to express
their opinions. As the grip of slavery increased in
strength and closed the mouth of every objector,
anti-duelling sentiment was simultaneously extin-
guished. Both barbarous practices were to increase
and to perish together. Jay's essay could then find
praise among men who a few years later would not
tolerate in their homes any product of his pen.
In May, 1818, Jay was appointed one of the judges
of Westchester County. The mention of the fact in
his diary closed with the words, “May I have grace
to discharge with fidelity the duties of the station.”
Two years later a commission from Governor
Clinton made him the first judge of the county, an
office which he held until 1823, when the adoption of
the new constitution terminated all offices under the
old one. Fenimore Cooper then wrote to him, “I
see that you are unhorsed with other clever fellows.”
But in response to a general demand, Governor
Clinton reappointed him under the new constitution,
and he continued to hold office under successive
governors of different parties until 1843, when he
was displaced by Governor Bouck at the demand of
the pro-slavery wing of the democracy. A decision
of Jay's, rejecting a witness who declared his un-
JUDGE OF WESTCHESTER COUNTY. 15
belief in God, occurred when De Tocqueville was in
the United States, and was commented upon by the
distinguished Frenchman as having been accepted
by the press without comment, and as showing that
the American people combined the notions of Chris-
tianity and of liberty so intimately that it was im-
possible to make them conceive of the one without
the other, and that they held religion to be indis-
pensable to the maintenance of republican institu-
tions. In 1862, soon after Jay's death, when an
attempt was made by a pro-slavery faction in the
county to remove his portrait from the court-house
at White Plains, it was defeated by a protest of the
members of the bar. “Many of us,” they said,
“were well acquainted with Judge Jay, and can
, speak from personal knowledge of those high quali-
ties which have given him an historic celebrity.
Whilst he entertained and vigorously vindicated
decided opinions on certain questions which have
much divided society and produced much acrimony
of feeling—in which many of us did not sympathize
with him—yet we can all bear testimony to the
noble frankness and sincerity of his nature, to his
deep interest in all questions tending to advance the
interest of the race, and to the extraordinary intel-
lectual strength displayed by him on all occasions in
giving expression to his convictions.”
In the early years of Jay's life, it appears that his
mind turned naturally toward philanthropic subjects.
His moral sense was largely developed, his con-
16 WILLIAM JAY.
science active, his humanity aggressive. His own
comfortable circumstances did not close his heart to
the sufferings of others. His generous nature longed
to replace evil by good. And in the cause which his
conscience approved, no obloquy nor social unpopu-
larity could impede his progress. At the same time,
there was about him nothing of the intemperate
agitator. He was a judge and brought to his philan-
thropic labours a judicial habit of mind. Indeed, it
was this habit of mind which distinguished him
among his fellow-workers in the antislavery cause.
It was his mission to urge emancipation with the
Constitution in his hand; to meet in conflict that
portion of Society which silenced its uneasy con-
science by a repetition of constitutional provisions,
and at the same time to combat those who were
inclined to seek emancipation by unconstitutional
Iſleå, IlS.
His quiet country life, in which healthful out-of-
door pursuits were mingled with the study and
reflection of his library, particularly fitted him to
look at this all-important question with calmness,
with consideration for both sides, and yet with the
vigour of a mind free to work exhaustively on a Sub-
ject involving many conflicting theories and duties.
He brought to his task real talents, literary and
polemic; a style ready and concise; a reasoning
enlivened by an effective vein of irony. He had a
refined and benevolent countenance, a pleasing
JUDGE OF WESTCHESTER COUNTY. 17
manner, a temper even, but easily roused to indigna-
tion at the sight of injustice. Before considering his
first connection with the antislavery movement, we
may glance at its situation in the early manhood of
William Jay.
CEIAPTER II.
EARLY OPPOSITION TO SLAVERY.—GROWTH OF THE SLAVE
POWER.— THE MISSOURI COMPROMISE.- JAY BEGINS
POLITICAL AGITATION FOR THE ABOLITION OF SILAVERY
IN THE DISTRICT OF COLUMBIA.
THE movement which culminated in the Civil War
and the total abolition of slavery in the United
States was first humanitarian, and subsequently
political. Philanthropists prepared the way for the
statesman and the soldier.
The humanitarian movement had begun before the
time of William Jay and his fellow-workers. To
find its beginnings, we must look back into the
colonial days of the eighteenth century. There,
among the first, was George Keith, of Pennsylvania,
denouncing the system on grounds of both Chris-
tianity and public policy. And Samuel Sewall,
Chief-Justice of Massachusetts, who, in his pam-
phlet, “The Selling of Joseph,” quaintly testified to
the truth. “These Ethiopians,” he said, “as black as
they are, seeing they are the Sons and daughters of
the first Adam and the offspring of God, they ought
to be treated with respect agreeable.” Ralph San-
diford, Benjamin Lay, William Burling, Anthony
18
EARLY ANTISLA VERY MEN. - 19
Benezet, the Huguenot, were men who spoke as
sincerely as later abolitionists and whose words were
heard. There was John Woolman, of New Jersey,
who pointed out “the dark gloominess Overhang-
ing the land, the spirit of fierceness and love of
dominion,” resulting from this iniquity; and Dr.
Samuel Hopkins, of Newport, R. T., whose eloquent
exhortations banished the slave trade from a congre-
gation growing rich on its spoils; and Dr. Benjamin
Rush, of Philadelphia, who foretold that “future
ages will be at a loss which to condemn most, Our
folly or our guilt in abetting this direct violation of
nature and religion.” The legislatures of Virginia,
South Carolina, Pennsylvania, and Massachusetts in
turn attempted to restrict the slave-trade; but their
efforts were annulled in England, where the slave
interest, through its champion, Lord Sandwich, for-
bade any interference with “a traffic so beneficial to
the nation.”
The colonies had no sooner achieved their in-
dependence than they found themselves face to face
with the great question, and on the threshold of
their national life a great change was perceptible in
the attitude of the people towards slavery. The old
seventeenth century idea, that to drag a negro from
his heathen wilds to labour unrequited in a Christian
community tended to the benefit of his soul, had
passed away. The slave-trade was generally rec-
ognized as indefensible. There were men who de-
nounced slavery itself as an abominable evil. Even
20 WILLIAM JAY.
those most determined to maintain the institution
took the ground that it was an unfortunate neces-
sity, but that it must be preserved to avoid greater
evils. In 1787, through the noble efforts of Thomas
Jefferson, Timothy Pickering, Rufus King, Nathan
Dane, William Grayson, and Richard Henry Lee,
Congress passed the great Ordinance which forbade
slavery to cross the Ohio River into the Northwest
Territory.
The struggle between right and wrong had begun,
but the opposing forces were very unequal. On one
side was humane sentiment; on the other was deeply
rooted habit, pecuniary interest, the pressure of
political questions of seemingly overriding impor-
tance. Among the great leaders of the time there are
two whose opinions and practice give an excellent
illustration of the prevailing antislavery feeling:
John Jay of New York, Patrick Henry of Virginia.
There is no disagreement as to the moral elevation
of John Jay's character. Abroad and at home, offi-
cially and unofficially, he was always the opponent
of slavery. Yet Jay purchased and held men as
slaves. To obtain domestic servants otherwise was
extremely difficult. After his slaves had served him
sufficiently long and faithfully to return to him
what he considered the value of his outlay, he gave
them their freedom. He believed that slavery in
principle was wrong, but he yielded so far to con-
venience and custom. Patrick Henry was an anti-
slavery man and placed his position on record in
EARLY ANTISLA VERY MEN. 21
the following words: “Is it not amazing that, at a
time when the rights of humanity are defined and
understood with precision, in a country above all
others fond of liberty, in such an age, we find men
professing a religion the most humane, mild, meek,
gentle, and generous adopting a principle as repug-
nant to humanity as it is inconsistent with the Bible
and destructive of liberty? Every thinking, honest
man rejects it in speculation, but how few in prac-
tice, from conscientious motives! Would any One
believe that I am a master of slaves of my own pur-
chase? I am drawn along by the general inconven-
ience of living without them. I will not, I cannot,
justify it; however culpable my conduct, I will so
far pay my devoirs to duty as to own the excellence
and rectitude of her precepts and lament my want
of conformity to them. I believe a time will come
when an opportunity will be offered to abolish this
lamentable evil; everything we can do is to improve
it, if it happens in our own day; if not, let us trans-
mit to our own descendants, together with Our
slaves, a pity for their unhappy lot and an abhor-
rence of slavery.”
Such being the character of antislavery senti-
ment, its chances of success seem hopeless enough
when we hear the other side. When Congress was
considering the Articles of Confederation, Wilson, of
Pennsylvania, said: “Dismiss your slaves, freemen
will take their places.” The reply of Lynch, of South
Carolina, showed the existence of men willing to
22 WILLIAM JAY.
sacrifice everything to the preservation of slavery.
“Our slaves are our property,” said he; “if that is
debated, there is an end to confederation.”
Thus, at this crisis in the national history, there
first distinctively appeared that aggressive, uncom-
promising party, afterwards to be known as the
Slave Power—an association of men then forming a
minority even in the South, but determined to carry
its point at all hazards; men who were willing to
Sacrifice every consideration of the public good to
the permanence of a system profitable to them-
selves, but which reduced human beings to the level
of beasts. Against a party so resolute, antislavery
opinion of the Patrick Henry variety could not
prevail. Moreover, the distracted state of the coun-
try, the imperative necessity for union, made every
other question seem secondary to the majority of
patriotic statesmen. In the Constitutional Conven-
tion, the Slave Power, then chiefly represented by
South Carolina and Georgia, by threatening to de-
feat the establishment of a stable government and by
making the preservation of slavery a Sine qua non
to the Union, obtained the concessions So big with
future disaster.
The struggle over this subject in the days of the
formation of the government was the beginning of
the “irrepressible conflict.” The Slave Power had
come into being as a distinct force, aiming to dom-
inate the rest of the community in the interest of
property in man. On the other hand, the opposition
JEARLY ANTISLA VERY MEN. 23
began to organize. Several abolition and manumis-
sion societies were formed. The oldest of these
was that of Pennsylvania, which in 1787 chose
Franklin for its president. A society was formed in
New York in 1785 with John Jay as president and
Alexander Hamilton as secretary; in Rhode Island
in 1789, under the lead of Dr. Hopkins. In 1791,
before the Connecticut society, Jonathan Edwards
the younger maintained the doctrine of immediate
emancipation. Similar associations were at work in
New Jersey, Virginia, and Maryland. Antislavery
men were thus uniting in their cause, but unfortu-
nately they were, with rare exceptions, devoid of the
earnestness which characterized their opponents.
Their hostility to the system was a sentiment rather
than a principle. It could hasten somewhat eman-
cipation at the North; but it had no force to con-
tend against the pecuniary interests which were
daily binding tighter the bonds of the negro in the
South. There, in the early years of the present
century, the cotton-gin, which had been invented
in 1793, gave an impetus to the production of cotton
which nearly doubled the value of slaves. At the
North the profits of the African trade which sup-
plied this increased demand for negroes gave to the
Slave Power allies almost as determined as them-
selves.
The year 1808, fixed by the Constitution as the
limit of the duration of the slave-trade, witnessed
the next contest. - The result was a definite prohi-
24 WILLIAM JAY.
bition of the trade by law. But it was a barren
victory for the cause of humanity. The interests
involved in both Northern and Southern States had
grown so large and influential as to make the law
a dead letter. The trade continued with unabated
vigour, and marked by even greater cruelties to the
wretched cargoes. The Slave Power was growing
in strength and determination, bent on controlling
the national government, influencing our foreign
relations, reaching out already to grasp new slave
territory. -
From 1818 to 1821 continued the great contest
over the admission of Missouri as a slave State, in
which was involved the question whether the exten-
sion and encouragement of slavery was to be the
permanent policy of the United States government.
Men and words were not wanting to expose and
condemn the contemplated evil. But the Slave
Power had grown to too great proportions. Henry
Clay, who had believed “slavery to be a wrong, a
grievous wrong, which no contingency can make
right,” now, at the behest of slaveholders, threw his
great influence against the cause of humanity. As
in the days of the Constitutional Convention the
Slave Power had secured the perpetuation of its
System by threats of preventing a union of the
States, so in 1821 it obtained the principle of the
extension of slavery by threats of dissolving the
Union. Thomas Jefferson, so faithful an advo-
cate of freedom, was now appalled by the sound
GROWTH OF THE SLA VE POWER. 25
of a strife which, “like the fire-bell at midnight,”
announced disaster, and he counselled concession.
Even John Quincy Adams was on the same side,
“from extreme unwillingness to put the Union in
hazard.” So passed the so-called Compromise,
which allowed slavery to break its bounds and to
spread over Arkansas and Missouri. The Slave
Power had won a great victory and had shown
immense growth. The old apologetic position that
the system, although wrong, could not be abolished
without entailing greater evils, was now exchanged
for the bold doctrine that slavery was a good thing,
to be extended and strengthened.
The struggle was growing fiercer and was becom-
ing more clearly an issue between North and South,
but the bone of contention was yet the extension,
not the abolition, of slavery. The Slave Power,
warned by the opposition it had met with in Con-
gress, that a new spirit was arising in the North,
instinctively felt that its position could be main-
tained only by further aggression. None but slave-
holders were allowed to represent the South in Con-
gress, where every public measure was considered
first in the light of its effect upon the institution of
slavery. At home, such humane laws regarding the
blacks as still existed were repealed, new and more
cruel enactments were passed, the manumission of
slaves by grateful or repentant masters was pro-
hibited.
While at the South opinion tended towards united
26 WILLIAM JAY.
and vigorous action, the sentiments of the people
at the North were divided. The majority, although
disliking slavery “in the abstract,” were so fearful
of the outcome of the contention, were so anxious
to see some settlement which would put an end to
agitation, that they were disposed to accept the line
drawn by the Missouri Compromise as the best
solution possible, and to resent any further anti-
slavery expression as an element of profitless dis-
turbance. In this class there grew up a dislike of
the negroes, a hatred of the questions involved in
their existence among us, a general prejudice against
colour, which tended greatly to the support of the
Slave Power. Many persons who preserved aboli-
tion views were lulled into repose of conscience by
support of the Colonization Society, an organization
formed in the South to get rid of free coloured
persons by shipping them to Africa, but skilfully
made to appear as a philanthropic Scheme to Solve
the slavery problem. Men of the highest character
and with the best intentions had joined this society
in the belief that therein might be found the means
of uprooting slavery. The ten years following the
Missouri Compromise were unpromising for the
cause of the slave. The Southern States were cease-
lessly strengthening themselves. Race prejudice,
the fear of business disturbance, apathy, made the
North acquiescent. Cotton was king, and to that
authority conscience submitted.
Still there were signs of light and materials for
EARLY ANTISLA VERY MEN. 27
improvement. In 1822 the exciting struggle for
the establishment of slavery in Illinois resulted in
favour of freedom. There existed in the country one
hundred and forty antislavery societies, of which
One hundred and six were in the South. In 1826
Was held in Baltimore a convention at which eighty-
One of these societies were represented. There was
not enough “fight” among these antislavery men
to make much impression. Their views were di-
rected towards preventing the extension of slavery,
towards its abolition in the District of Columbia
(where its existence involved recognition by the
United States government) and its “gradual” cessa-
tion elsewhere. The fact of their holding the con-
vention in Baltimore indicates the still lingering
sympathy of a considerable party in the South,
and it shows also that the Slave Power did not look
upon them with much concern. It is not until anti-
slavery stands upon the platform of abolition as an
&mmediate duty that it is swept from the face of the
Southern States.
There were earnest men already engaged in a
new and more vigorous crusade: Elias Hicks, the
Quaker, who proclaimed boldly the sin of owning
men or condoning the practice in others; Rev. John
Rankin, of Tennessee, who removed with his con-
gregation across the Ohio River, rather than ac-
quiesce in slavery; William Goodell, of Providence,
beginning a career of forty years; above all, Ben-
jamin Lundy, who sacrificed to the cause all that
28 WILLIAM JAY.
men hold dear. Between 1815 and 1818 four aboli-
tion papers were being published, The Emancipator
in Tennessee, The Abolition Intelligencer in Ken-
tucky, The Liberalist in Louisiana, and, most im-
portant, Lundy's Genius of Universal Emancipation
in Maryland. All of these papers were published
in the South, and the majority of the manumission
societies were there. Thus, in 1826, when William
Jay began his labours, the line between freedom and
slavery was not yet drawn. A few slaves were still
held in New York. Many antislavery people were
to be found at the South and many pro-slavery
people at the North. The United States was a
slaveholding nation.
Jay was a deeply interested observer of the con-
test in Congress which resulted in the Missouri
Compromise. In 1819, when he was thirty years of
age, his attitude towards the extension of slavery
was stated in a letter to Elias Boudinot:
“I have no doubt that the laws of God, and, as a
necessary and inevitable consequence, the true in-
terests of our country, forbid the extension of slavery.
If our country is ever to be redeemed from the
curse of slavery the present Congress must stand
between the living and the dead and stay the plague.
Now is the accepted time, now is the day of Salva-
tion. If slavery once takes root on the other side
of the Mississippi, it can never afterwards be ex-
timinated, but will extend with the future Western
Empire, poisoning the feelings of humanity, check-
FIRST ANTISLA VERY EFFORTS. 29
ing the growth of those principles of virtue and
religion which constitute alike the Security and
happiness of civil society.”
In the year 1826 occurred an incident which
marks the beginning of a new phase in the anti-
slavery struggle—the movement which demanded
abolition in the District of Columbia. There, on
territory exclusively under the jurisdiction of the
National Congress, it could be claimed justly that the
Question of States rights was not involved and that
the constitutional provisions did not apply. In this
movement, which continued until its object was ac-
complished in April, 1862, William Jay was a pioneer.
In August of the year 1826 John Owen, the
proprietor of a paper-mill at Croton Falls, near the
Jay farm at Bedford, received a parcel from New
York which happened to have been wrapped in a
Washington newspaper, The National Intelligencer,
of the 1st of August. On looking it over his eye
was caught by the following advertisement:
“Was committed to the jail of Washington County, Dis-
trict of Columbia, on the 22d of July last, a runaway negro
man by the name of Gilbert Horton. He is five feet high,
stout made, large full eyes, and a scar on his left arm near
the elbow ; had on when committed a tarpaulin hat, linen
shirt, blue cloth jacket and trousers; says that he was born
free in the State of New York near Peekskill. The owner
or owners of the above-described negro man, if any, are re-
quested to come and take him away, or he will be sold for his
jail fees and other expenses, as the law directs.”
30 WILLIAM JAY.
There is a sort of grim humour about this adver-
tisement, appearing, as it did, according to law, in
the capital of the great free republic of the world,
under a flag supposed to typify human liberty. It
declared that a man who claimed to be and actually
was a citizen of the State of New York was held
in jail without any charge and would be sold into
lifelong slavery unless claimed as a slave by an
owner who did not exist. It declared, in short, that
a free citizen of the United States who had any
negro blood in his veins would be reduced to slavery
by the act of setting foot in the capital of his
country. Here was an issue which involved the
rights of the State of New York, but could not be
said to be an attack on those of Virginia or South
Carolina.
Mr. Owen recognized in the Gilbert Horton thus
described a free man who had worked in his neigh-
bourhood. He lost no time in mounting his horse
and riding over to Bedford to submit the matter
to Judge Jay. By the latter's advice a letter was
despatched at once to the marshal of the District
of Columbia, giving proofs of Horton's freedom, and
a meeting was called of the citizens of Westchester
County to take action on the subject. This meet-
ing, held on the 30th of August, with Oliver Green
in the chair and William Jay as Secretary, passed
the following resolutions:
“I. That this meeting view this procedure with the indig-
nation becoming men who have a just sense of the value of
CASE OF GILBERT HORTON. 31
personal liberty, and a proper abhorrence of cruelty and
oppression.
“II. That the evidence affords unequivocal proof of the
freedom of Horton. -
“III. That the secretary is hereby desired to transmit to
his Excellency the Governor the evidence above referred to,
and, in the name of this meeting, to request his Excellency
to demand from the proper authorities the instant liberation
of the said Horton as a free citizen of the State of New York.
“IV. That by the fourth article of the Constitution of the
United States the citizens of each State are entitled to all the
privileges and immunities of the several States, and that it is
the duty of the State of New York to protect its citizens in
the enjoyment of these rights without regard to their com-
plexion.
“V. That the law under which Horton has been impris-
oned, and by which a free citizen without evidence of crime
and without trial by jury may be condemned to servitude for
life, is repugnant to our republican institutions, and revolt-
ing to justice and humanity; and that the representatives
of this State in Congress are hereby requested to use their
endeavours to procure its repeal.
“WI. That the secretary, with John Owen, Esq., be a com-
mittee to prepare and to present to the citizens of this county,
for their signatures, a petition to Congress for the immediate
abolition of slavery in the District of Columbia. -
“WII. That the proceedings of this meeting be signed by
the chairman and Secretary, and published.”
On receiving from Judge Jay the Westchester
resolutions, Governor Clinton submitted them im-
mediately to President John Quincy Adams, who was
paying a Summer visit to his home at Quincy, Mass.,
32 WILLIAM JAY.
with a respectful demand for the liberation of Gil-
bert Horton as a free man and a citizen. The
President sent the papers with a letter from him-
self to Henry Clay, then Secretary of State. Henry
Clay was absent at the time, and the Chief Clerk
of the department wrote to Governor Clinton that
the instructions of the President had been an-
ticipated by the discharge of Horton by the mar-
shal of the District. The committal had taken
place under an old law of Maryland, “which was
adopted by Congress with the other general laws
then in force in that State for the county of Wash-
ington upon its assuming exclusive jurisdiction
over the territory.” .
This disposal of the case left the principle at issue
untouched, and Jay could not be satisfied with such
a result. His views are expressed in a letter writ-
ten in September to Hon. Charles Miner, a member
of Congress: “Since I read a resolution introduced
by you in relation to slavery in the District of
Columbia, the subject has been scarcely absent from
my mind, and the late imprisonment in Washington
of a citizen of this county afforded an opportunity
which I gladly embraced of obtaining an expression
of public opinion. I do not entertain the slightest
hope that our petition will be favourably received,
nor the slightest apprehension that the cause we
espouse will not finally triumph. The history of
the abolition of the slave-trade teaches us the neces-
sity of patient perseverance, and affords a pledge
SLA VERY IN THE DISTRICT OF COLUMBIA. 33
that perseverance will be ultimately crowned with
success. We have nothing to fear, but much to
hope, from the violence and threats of our oppo-
nents. Apathy is the only obstacle we have reason
to dread, and to remove this obstacle it is necessary
that the attention of the public should be constantly
directed to the subject. Every discussion in Con-
gress in relation to slavery, no matter how great
may be the majority against us, advances Our cause.
We shall rise more powerful from every defeat.”
Jay's next step was to draft the memorial to
Congress ordered by the Westchester resolutions.
It declared:
“The outrage offered to a citizen of this county, and a
violation of the constitutional rights involved in that out-
rage, affords to the meeting new and strong evidences of
the impropriety of the continuance of slavery in the District
of Columbia. As citizens of the republic, professing to ac-
knowledge that all men are created equal, and that they are
endowed by their Creator with certain inalienable rights, and
that among them are life, liberty, and the pursuit of happi-
ness, your petitioners cannot but regard it as derogatory to
the government of the country that its laws should violate
any of these rights in a territory under its exclusive jurisdic-
tion. To your honourable body was given by the Constitu-
tion the exclusive jurisdiction in all cases whatever over that
District, and your right and ability to grant the prayer of
these petitioners cannot be called in question, and the con-
fined limit of the District and the comparatively small num-
ber of slaves it contains obviates the objections sometimes
urged against Sudden emancipation.
34 WILLIAM JAY.
“Your petitioners therefore earnestly entreat your honour-
able body that the government of this great republic, glory-
ing as it does in acknowledging and protecting the rights of
mankind, diffusing the blessings of freedom, may no longer
by law withhold these rights and blessings from any portion
of the inhabitants of its own immediate territory, but in the
exercise of your prerogative you will immediately provide for
the abolition of slavery in the District of Columbia in such
manner as in your wisdom may seem best.”
The publication of the Westchester resolutions
elicited no unfavourable comments at the North,
but it gave no little disquietude to Southern editors,
two of whom declared that black persons travelling
in the South should carry proofs of their freedom,
as whites in Europe were compelled to carry pass-
ports. The introduction of the subject into Con-
gress, even at that day, when there was no excite-
ment at the North on the subject of slavery, brought
out the susceptibility and dictatorial tone of the
slaveholding interest which marked all subsequent
debates up to the election of Lincoln.
Soon after the assembling of Congress in 1827, Mr.
Aaron Ward, representing Westchester County, in-
troduced the resolution: “That the committee on
the District of Columbia be directed to enquire
whether there be in force in the said District any
law which authorizes the imprisonment of any man
of colour and his sale as an unclaimed slave for
gaol fees, and if so to enquire into the expediency
of repealing the same.” Mr. Ward accompanied his
SLAVERY IN THE DISTRICT OF COLUMBIA. 35
resolution with remarks of a moderate character,
referring to the circumstances of Horton's arrest, the
fact of his being a citizen of New York, and the
danger in which he stood of being sold as a slave;
he contrasted the law under which such proceedings
could be had with the provisions of the national
Constitution; and he concluded by saying: “The
jurisdiction of the District, sir, ought to be exhibited
to the country and to the world without a stain.
. Its object should be not to oppress but to vindicate
the rights of freemen, and if there is a spot on
earth where these rights are to be held sacred that
place is the District of Columbia.”
For a Northern man merely to tough upon the
rights of coloured persons was enough to arouse
the leading Southern members of the House to angry
opposition. John Forsythe, who as minister to
Spain had arranged the session of Florida, James
Hamilton, already an extreme advocate of States
rights and afterwards Governor of South Carolina,
Charles A. Wickliffe, afterwards Postmaster-General
under President Tyler, and George McDuffie, of
Georgia, all took pains to throw ridicule upon the
resolution, or to oppose its consideration. They
considered, no doubt correctly, that to have any
negroes spoken of in Congress otherwise than as
property was an indirect blow at slavery. W. L.
Brent, of Maryland, said that the resolution as it
stood was calculated to excite only angry debate
and irritated feelings. If the mover would omit
36 WILLIAM JAY.
the words “being a citizen of any State,” the most
objectionable part would be removed. Mr. Ward
consented to this emasculation and his resolution
was then carried. The committee reported on the
16th July, that in the District of Columbia, “if a
free man of colour should be apprehended as a run-
away, he is subjected to the payment of all fees and
rewards given by law for apprehending runaways;
and upon failure to make such payment, is liable
to be sold as a slave.” “That is,” said Judge Jay,
“a man acknowledged to be free and unaccused of
any offence is to be sold as a slave to pay fees and
rewards given by law for apprehending runaways.
If Turkish despotism is disgraced by an enactment
of equal atrocity, we are ignorant of the fact.” The
committee thought the law rather hard, and recom-
mended such an alteration of it as would make such
charges payable by the corporation of Washington.
But even this alteration was never made. “The
code of Washington,” Jay said some years later, “is
yet polluted by unquestionably the most iniquitous
statute in Christendom.” And the fact continued
that a coloured citizen of a free State could be sold
into slavery if found in Washington. Convinced
that no reform could be expected except by the
total abolition of slavery on United States territory,
convinced, too, that this was the first necessary
step in a campaign against slavery itself, Jay Set
on foot a movement for popular petitions to Con-
gress and for legislative expression in behalf of

SLAVERY Jzº THE DISTRICT OF COLUMBIA. 37
their º The Pennsylvania Legislature
passed such resolutions in January, 1829; the New
York Assembly followed soon afterwards, when
Jay wrote to his friend Charles Miner: “The mail
this evening brings the news that resolutions in-
structing our representatives in Congress to vote
for the abolition of slavery in the District of Colum-
bia have passed our Assembly by a vote of 57 to 39.
In the fulness of my heart I thank God and take
courage.” Among his co-workers at this time was
Henry D. Sedgwick, to whom he wrote in 1831: “I
have read your pamphlet with much interest; your
ideas on the abolition of slavery correspond with
those I have long entertained and expressed. Duty
is the Only safe rule of expediency. No nation ever
has suffered, and none ever will, for doing justice
and loving mercy. But moral considerations apart,
I have no doubt it would be wise policy in the
Southern States immediately to emancipate their
slaves. The period must arrive when slavery must
cease on this continent. The progress of knowledge
and religion, the example of St. Domingo, the aboli-
tion of slavery in Mexico and South America, the
decreasing value of slave labour, and the rapidly
augmenting coloured population in the South, all
Combine in rendering this event inevitable. But
the slaves will either receive their freedom as a
boon, or they will wrest it by force from their
masters; and the evils attending these two modes
of emancipation certainly bear no proportion to
38 WILLIAM JAY.
each other. You remark, ‘Our country fought for
justice and should be ready to render the justice
which it demanded.' I observe a similar sentiment
in a letter written by my father from Spain to
Judge Benson during the contest to which you
allude. Speaking of the abolition of slavery, he
says, “Till America comes into this measure her
prayers to Heaven for liberty will be impious.” This
is a strong expression, but it is just. Were I in
your Legislature I would prepare a bill for the pur-
pose with great care, and would never cease moving
it till it became a law or I ceased to be a member.
I believe that God governs the world, and I believe
it to be a maxim in His Court, as in ours, that
those who ask for equity ought to do it. I do not
think the free States guiltless of upholding slavery
while, through their representatives, they tolerate
it in the District of Columbia. Were the free States
to will it, slavery would cease at the capital of the
republic, and an example would be set that could
not fail of having a salutary influence.”
CELAPTER III.
DEVELOPMENT OF THE ANTISLAVERY MOVEMENT.-
ORGANIZATION OF ANTISLAVERY SOCIETIES.–ANTI-
ABOLITION RIOTs.—JAY PUBLISHES HIS “INQUIRY.”
CHIEF-JUSTICE JAY died at Bedford in 1828, and his
son William occupied his leisure during the fol-
lowing five years in preparing “The Life and Letters
of John Jay.” This work was published in two
octavo volumes in 1833, and was highly praised for
both thoroughness and impartiality.
Meanwhile events were occurring which raised
antislavery sentiment from the torpor in which it
had fallen after the excitement of the Missouri Com-
promise, and which brought the whole question
before the people as a live issue which compelled
attention. Between the years 1829 and 1832 took
place a remarkable series of debates in Virginia on
the subject of slavery, brought about by dissatis-
faction with the State constitution and by the Nat
Turner massacre, in which a number of slaves had
risen against their masters. In these debates the
evils of slavery were exposed as clearly as they were
afterwards by the Abolitionists, and with an out-
spoken freedom which, when indulged in by North-
§
39
40 - WILLIAM JAY.
ern men, was soon to be denounced as treasonable
and incendiary. These Southern speakers were
silenced by the Slave Power. But there were men
in the North who thought the same and who would
not be silenced. Chief among these was William
Lloyd Garrison. He had begun his memorable
career by circulating petitions in Vermont in 1828 in
favor of emancipation in the District of Columbia.
Having joined Lundy in Baltimore in editing the
Genius of Universal Emancipation, he had suffered
ignominy in the cause in a Southern jail; drawing
from persecution and hardship only new inspiration,
he began the publication of the Liberator at Boston
in January, 1831. In the following year, under his
leadership, was formed the New England Anti-
Slavery Society, which placed itself on the new
ground that immediate, unconditional emancipation,
without eaſpatriation, was the right of every slave and
could not be withheld by his master an hour without
sin. In March, 1833, the Weekly Emancipator was
established in New York, with the assistance of
Arthur and Lewis Tappan, and under the editorship
of William Goodell. In the same year appeared at
Haverhill, Mass., a vigorous pamphlet by John
G. Whittier, entitled “Justice and Expediency,
or Slavery considered with a View to its Rightful
and Effectual Remedy, Abolition.” Nearly simul-
taneously were published Mrs. Lydia Maria Child's
“Appeal in Behalf of that Class of Americans called
Africans,” and a pamphlet by Elizur Wright, Jr., a
IMMEDIATE EMANCIPATION. 41
professor in the Western Reserve College, on “The
Sin of Slavery and its Remedy.”
These publications and the doctrines of the Lib-
erator produced great excitement throughout the
country. The South had been able to hear the
words “gradual emancipation” with a confident
equanimity, and only a few years before had toler-
ated a convention in Baltimore gathered to forward
that object. But the word “immediate” now pre-
fixed to emancipation acted as a firebrand to gun-
powder. Southern newspapers and politicians could
not find epithets strong enough to denounce the
famatical incendiaries who said that slavery, being
wrong in itself, should cease at once. A reward was
offered by a Southern Legislature for the person of
Garrison, dead or alive. For lending Whittier's
pamphlet to a white man Dr. Reuben Crandall was
tried for his life at Washington on the charge of “cir-
culating Tappan, Garrison & Co.'s papers encourag-
ing the negroes to insurrection.”
The lives of the abolitionists were safer at the
North, but their principles were condemned there in
terms quite as decided. To say that slavery ought
to be immediately abolished was sufficient cause for
the clergyman to lose his pulpit and the merchant
his credit. The new doctrine was too sound to be
ignored, and its agitation was disorganizing, vexa-
tious, injurious to business, destructive of private
and political peace. The North agreed with the
South that slavery was not a subject to which the
42 WILLIAM JAY.
right of free speech applied. The abolitionists were
accused of injuring the cause of the blacks by their
proceedings. And indeed, at the South the treat-
ment of the slave became harsher, and at the North
the prejudice against the free negro was intensified.
In 1833 Miss Crandall, a Quaker lady, endeavoured
to establish a boarding-school for the education of
coloured girls in Canterbury, Conn. A commit-
tee of the inhabitants waited upon her, who rep-
resented “that by putting her design into execu-
tion she would bring ruin and disgrace upon them
all.” Three town meetings were held in one week to
discuss ways and means to suppress a scheme which
would render “insecure the persons, property, and
reputation of our citizens.” The State of Con-
necticut passed a special law to forbid the establish-
ment of such a school. Under it, Miss Crandall was
tried and convicted. The constitutionality of the
law was called in question and the case was ap-
pealed. But the inhabitants of Canterbury thought
the crisis too serious to depend on legal technicali-
ties. Miss Crandall was driven from the town by
persecution. The shops would sell her no food; her
well was filled with manure, and water from other
SOUII’CéS refused; her house was smeared with filth
and finally set on fire. The trustees of the Noyes
Academy in Plymouth, N. H., having consented to
the admission of coloured pupils, the respectable
people of the town avoided the contemplated dis-
grace by moving the school building from its founda-
IMMEDIATE, EMANCIPATION. 43
tions and depositing it in a swamp. In 1835 a.
Wealthy coloured man bought a pew on the floor of
Park Street Church in Boston. His neighbours nailed
up the door of the pew, and so many “aggrieved
brethren” threatened to leave that the trustees were
obliged to prevent the threatened contamination of
the sanctuary by excluding the coloured pew-holder.
A hundred similar cases might be cited to show that
before the emancipation of the slaves could gain
even a hearing, the North had to be educated to con-
sider the negro race as human beings capable of
improvement and deserving of humane encourage-
ment.
In May, 1833, Judge Jay contributed to the first
number of the Emancipator a letter which sets forth
his own views of the problem of American slavery
at that time and also some of the difficulties in the
path of the emancipationists:
“The duty and policy of immediate emancipation, although
clear to us, are not so to multitudes of good people who abhor
slavery and sincerely wish its removal. They take it for
granted, no matter why or wherefore, that if the slaves were
now liberated they would instantly cut the throats and fire
the dwellings of their benefactors. Hence these good people
look upon the advocates of emancipation as a set of dangerous
fanatics, who are jeopardizing the peace of the Southern
States and riveting the fetters of the slaves by the very at-
tempt to break them. In their opinion the slaves are not fit
for freedom, and therefore it is necessary to wait patiently
till they are. Now, unless these patient waiters can be
brought over to our side, emancipation is hopeless; for, first,
44 WILLIAM JAY.
they are an immense majority of all among us who are hostile
to slavery; and, Secondly, they are as conscientious in their
opinions as we are in ours, and unless converted will oppose
and defeat all our efforts. But how are they to be converted?
Only by the exhibition of Truth. The moral, social, and
political evils of slavery are but imperfectly known and con-
sidered. These should be portrayed in strong but true colours,
and it would not be difficult to prove that, however incon-
venient and dangerous emancipation may be, the continu-
ance of slavery must be infinitely more inconvenient and
dangerous. .
“Constitutional restrictions, independent of other consid-
erations, forbid all other than moral interference with slavery
in the Southern States. But we have as good and perfect a
right to exhort slaveholders to liberate their slaves as we have
to exhort them to practice any virtue or avoid any vice. Nay,
we have not only the right, but under certain circumstances
it may be our duty to give such advice; and while we confine
ourselves within the boundaries of right and duty, we may
and ought to disregard the threats and denunciations by
which we may be assailed.
“The question of slavery in the District of Columbia is
totally distinct, as far as we are concerned, from that of
slavery in the Southern States. -
“As a member of Congress, I should think myself no
more authorized to legislate for the slaves of Virginia than
for the serfs of Russia. But Congress has full authority to
abolish slavery in the District, and I think it to be its duty
to do so. The public need information respecting the abom-
inations committed at Washington with the Sanction of
their representatives—abominations which will cease when-
ever those representatives please. If this subject is fully
and ably pressed upon the attention of our electors, they
ANTISLAVERY SOCIETIES FORMING, 45
may perhaps be induced to require pledges from candidates
for Congress for their votes for the removal of this foul stain
from our National Government. As to the Colonization
Society, it is neither a wicked conspiracy on the one hand
nor a panacea for slavery on the other. Many good and wise
men belong to it and believe in its efficacy.”
In the summer of 1833 the abolitionists of Great
Britain succeeded in obtaining the act of emancipa-
tion for the 800,000 slaves in the West Indies. In
June Arthur Tappan wrote to Judge Jay asking
for his “opinion as to the expediency of forming
an American Antislavery Society and of doing it
now. The impulse given to the cause by the move-
ment in England would, it appears to me, aid us
greatly here.” Jay replied very cautiously. A New
York society, he thought, might be desirable im-
mediately. The constitutions and proceedings of
such societies demanded great caution and pru-
dence; they must blend the wisdom of the serpent
with the harmlessness of the dove. The Southern
people affected to apprehend an unconstitutional
interference with their property, as they called it,
by the Northern abolitionists, and no ground for
such pretended fear should be given. With this
view, he suggested the incorporation into the con-
stitution of antislavery societies a distinct declara-
tion, such as the following: “We concede that
Congress, under the present National Compact, has
no right to interfere with any of the slave States in
relation to this momentous subject. But we main-
46 WILLIAM JAY.
tain that Congress has a right and is solemnly
bound to suppress the domestic slave-trade between
the several States and to abolish slavery in those
portions of our territory which the Constitution
has placed under its exclusive jurisdiction.” He
further suggested that the two subjects, the Coloni-
zation Society and the political condition of the
free blacks, should be avoided. “Duty and policy,”
he said, “in my opinion demand the emancipation
of our slaves, but they do not demand that immedi-
ately on their emancipation they shall be invested
with the right of suffrage.”
On the 2d of October the New York City Anti-
slavery Society was successfully organized, despite
an active and organized effort to prevent it. A
call had been issued for a meeting of the friends of
immediate emancipation at Clinton Hall. A counter-
notice was published, signed “Many Southerners,”
inviting a meeting at the same time and place. The
proprietors of Clinton Hall, alarmed at the situation,
refused to let it to the abolitionists, who then
applied to the Clinton Hotel, where they were also
refused. The Southerners and their Northern sym-
pathizers, finding Clinton Hotel closed, held a meet-
ting at Tammany Hall, with General Bogardus, the
United States Marshal, in the chair, with speeches
and resolutions against the abolitionists, when a
report that the abolitionists were in session at
Chatham Street Hall sent them there in haste,
only to find the Hall closed and dark. An eye-
NEW YORK ANTISLA VERY SOCIETY. 47
witness described the crowd assembled by the South-
ern call as “a genuine drunken, infuriated mob of
blackguards of every species, some with good clothes,
and the major part the very sweepings of the city.”
The public was amused the next morning by a
leading editorial in the Courier and Enquirer, con-
gratulating the country on the failure of the “disor-
ganizing fanatics to organize a society fraught with
danger to the Union and based upon an open viola-
tion of the United States Constitution; ” while the
advertising column of the same sheet contained
the official proceedings of the abolitionists at the
Chatham Street Chapel, where with promptness,
energy, and order they had received the report of a
committee, adopted a constitution, elected officers,
adjourned and closed the building before the arrival
of the rioters from Tammany. The successful
management of the affair was due chiefly to the
coolness and skill of Lewis Tappan, to whose devo-
tion and energy the antislavery cause was from
this time constantly indebted. The peaceful and
lawful aims of the society, its frank acknowledgment
of the rights of the Southern States were set forth in
its constitution:
“While it admits that each State in which slavery exists
has, by the Constitution of the United States, the exclusive
right to legislate in regard to its abolition in said State, it
shall aim to convince all our fellow-citizens, by arguments
addressed to their understandings and consciences, that slave-
holding is a heinous crime in the sight of God, and that
48 WILLIAM JAY.
the duty, Safety, and best interest of all concerned require its
immediate abandonment, without expatriation. The society
will also endeavour in a constitutional way to influence Con-
gress to put an end to the domestic slave-trade and to abolish
slavery in all those portions of our common country which
come under its control, especially in the District of Colum-
bia, and likewise to prevent the extension of it to any State
that may hereafter be admitted to the Union.
“The society shall aim to elevate the character and condi-
tion of the people of colour, by encouraging their intellectual,
moral, and religious improvement, and by removing public
prejudice, that thus they may according to their intellectual
and moral worth share an equality with the whites of civil
and religious privileges; but this society will never in any
way countenance the oppressed in vindicating their rights by
resorting to physical force.”
Notwithstanding the distinct and moderate lan-
guage in which the society set forth its lawful
objects, pro-slavery prejudice was aroused to violent
opposition. A week later a meeting was called to
protest against the “reckless agitations of the aboli-
tionists.” Theodore Frelinghuysen, United States
Senator from New Jersey, declared that “nine tenths
of the horrors of slavery were imaginary,” that “the
crusade of abolition” was “the poetry of philan-
thropy,” that emancipationists were “seeking to dis-
solve the Union.” Chancellor Walworth came down
from Albany to say that they were “reckless incen-
diaries” and their efforts unconstitutional. David B.
Ogden declared the doctrine of immediate emancipa-
AMERICAN ANTISLAVERY SOCIETY. 49
tion to be “a palpable and direct nullification of the
Constitution.”
On the 29th of October, 1833, a circular invitation
was addressed to Judge Jay and others to attend a
convention at Philadelphia on the 4th December to
form a National Antislavery Society. This step
was taken in concurrence with the views of the
friends of immediate emancipation in Boston, Provi-
dence, New York, and Philadelphia. Among the
motives for organizing such a society without delay
it was argued that union is strength; that the advo-
cates of the immediate abolition of slavery, though
comparatively few and much scattered, were many
in the aggregate, and could act, when combined, with
irresistible power; that the cause was urgent, public
expectation excited, its friends to some extent com-
mitted to such a movement during the present year;
that they had the example of similar organizations,
which, though feeble and condemned by public
opinion in the outset, had speedily risen to great
influence, and had been the means under God of
immense benefit to the human race, especially in the
case of the National Antislavery Society of Great
Britain, and of the American Temperance Society.
The invitation was signed by a committee consist-
ing of Arthur Tappan, Joshua Leavitt, and Elizur
Wright, Jr., all officers of the New York Antislavery
Society.
At the same time Judge Jay received a letter from
50 WILLIAM JAY.
Rev. Samuel J. May urging him to be present.
“This is a cause,” wrote May, “in which our wisest
and best and most prudent men Ought to engage.
There never has been in Our country so great a
demand for the exertions of true patriots and real
Christians. . . . Let me beg of you to be there, at
the convention. I have heard the hope that you will
be there expressed most fervently by many.” -
Jay replied to the committee that he could not be
present. “It would perhaps be uncandid to conceal
from you,” he said, “that the expediency of the pro-
posed attempt to form a National Society at the
present time seems to me to be at least questionable.
May it not increase the irritation and hostility exten-
sively felt towards abolitionists without promoting
their objects more effectually than local societies?
If, however, a National Society is to be formed, it
is to be hoped its proceedings will be marked with
great prudence and moderation. The great objection
made to antislavery associations is that they aim at
an unconstitutional interference with slavery. This
objection, false as I am persuaded it is, has never-
theless an extensive and injurious influence, and
unless it be removed success will be hopeless. It
seems to me, therefore, of the utmost importance
that correct constitutional principles on this subject
should not only be entertained, but explicitly and
unequivocally avowed by every antislavery Society.
This avowal might be made in the preamble of their
constitution in some form like the following:
AMERICAN ANTISLA VERY SOCIETY. 51
“‘The object of this society is to promote the abolition
of slavery in the United States. As all legislation relative to
slavery in the several States in which it exists can be con-
stitutionally exercised only by their respective Legislatures,
this Society will endeavour to effect its object, so far as re-
lates to these States, by argument addressed to the understand-
ing and conscience of their citizens. But inasmuch as the
Federal Constitution confers on Congress the exclusive right
to legislate for the District of Columbia, this society will
use all such lawful and constitutional means as may be
deemed advisable to induce Congress to abolish slavery in
that District without delay.”
“I am very sensible that the friends of emanci-
pation hold these principles, but not having given
them sufficient prominence in their writings they
have subjected themselves to much injurious sus-
picion.”
Judge Jay's letter was read on the first day of the
Antislavery Convention held in Philadelphia in
December, 1833; and in the declaration of princi-
ples, reported by William Lloyd Garrison, John G.
Whittier, and Samuel J. May, and unanimously
adopted by the convention, appeared the following
clauses, by which the abolitionists were enabled to
repel the charge, so persistently made, that they
sought to accomplish their ends by unconstitutional
means, by asking Congress to exceed its power by
meddling with slavery in the States:
“We fully and unanimously recognize the sovereignty of
each State to legislate exclusively on the subject of slavery
52 WILLIAM JAY.
which is tolerated within its limits; we concede that Con-
gress under the present National Compact has no right to
interfere with any of the slave States in relation to this
momentous Subject.
“But we maintain that Congress has a right and is solemnly
bound to suppress the domestic slave-trade between the several
States, and to abolish slavery in those portions of our terri-
tory which the Constitution has placed under its exclusive
jurisdiction.”
In 1838 an emergetic attempt was made by Alvan
Stewart, of Utica, to strike out the clause in the con-
stitution of the American Antislavery Society which
recognized the rights of the Southern States under the
United States Constitution, Jay perceived the in-
jury that such a course would inflict on the position of
the abolitionists. It would, indeed, have committed
the society to the doctrine that Congress could
continue slavery in the States. He opposed the
change with vigour during a debate of two days and
succeeded in maintaining the all-important clause.
Looked at by the light of subsequent events, the
importance of placing the antislavery movement. On
a strictly constitutional basis cannot be overrated.
Upon the principles thus distinctly avowed rested
the moral and political strength of the movement
during a struggle of nearly thirty years. And these
principles became, in 1854, under the guidance of the
founders of the Republican party, the chief plank in
the platform of that great organization, under whose
Sturdy lead, aided by citizens of all parties, the
MOB VIOLENCE. 53
Supremacy of the national Constitution was main-
tained, the integrity of the national territory was
preserved, slavery was ended, and the republic
saved. -
Judge Jay was not yet officially connected with
the antislavery societies, but his sympathy was close
with them and their officers. At the request of the
Executive Committee of the New York society, he
drafted a petition for abolition in the District of
Columbia for circulation in New York, in which he
again distinctly drew the line between the power of
Congress over the District and its want of power as
regarded the States. This careful discrimination had
no weight with the many who were unwilling to
admit that anything said or done by the abolitionists
was right. But it succeeded with more liberal men,
among them the good Chancellor Kent. The Chan-
cellor, whose reputation as a jurist was second to
none, signed the petition, which he declared to con-
tain “no unconstitutional doctrine.”
The first anniversary of the American Antislavery
Society was held at the Chatham Street Chapel in
the beginning of May, 1834. Arthur Tappan pre-
sided, and addresses were made by Elizur Wright,
Jr., Rev. Amos A. Phelps of Boston, James A. Stone
of Kentucky, a delegate from the Lane Seminary,
IRobert Purvis of Philadelphia, Rev. Henry G.
Ludlow, Wm. Lloyd Garrison, and Charles Stewart.
The meeting met with disorderly interruptions; the
newspapers contained abusive attacks upon the
54 WILLIAM JAY.
abolitionists and appealed against them to the
passions of the lowest and most ignorant class in
the community. “All this violence and obloquy,”
remarked Judge Jay, “are not without an object,
and that object is intimidation.” The truth of this
observation was soon disgracefully verified. When
the Fourth of July was celebrated at the Chatham
Street Chapel by an antislavery oration from David
Paul Brown of Philadelphia, the disorderly elements
evoked by the press against the blacks and aboli-
tionists responded in large force and with increased
lawlessness. On the 9th of July a mob assembled at
the Chapel, broke open the doors, passed resolutions
in favor of the Colonization Society and by a
suggestive vote adjourned until the next meeting of
the Antislavery Society. The mob then proceeded
to the Bowery Theatre to avenge some expressions
attributed to an English actor, and next to the house
of Mr. Lewis Tappan, which was attacked with bricks
and stones, the furniture broken up and burned in
the street. The riots continued for several days
with little hindrance from the city authorities. Six
churches were attacked and a large number of
houses occupied by abolitionists or by coloured
people. Against the latter the fury of the mob was
especially directed. The same scenes of riot and
cruelty toward the helpless blacks occurred in Phila-
delphia, where forty-five houses were destroyed. It
was evident that the arguments of the abolitionists
could not be met except with violence. The mobs,
MOB VIOLENCE, 55
as usual, were cowardly. In some cases the deter-
mined action of the abolitionists afforded them the
protection refused by the police. It was announced
that among the houses to be attacked was that of
Dr. Abraham L. Cox, in Broome Street, a few doors
east of Broadway. John Jay, then a student at
Columbia College, was living in the house. Some
members of the New York Young Men's Antislavery
Society, with guns and pistols, were gathered within
and notice was given publicly that an attack would
be repelled by force. Late that night the mob in its
lawless career passed close to Dr. Cox's house, but
did not dare to molest it. Similar preparations for
defence saved the store of Arthur Tappan.
While the New York mob, as the Commercial
Advertiser said, were “now nightly engaged in deeds
of violence,” the same paper distinctly took the
ground that the abolitionists should not enjoy “the
protection of the law and the aid of the military,”
except “on condition that the causers of these mis-
chiefs shall be abated and the outrages upon public
feelings from the forum, the pulpit, and the press
shall no more be repeated by these reckless incen-
diaries.” The Courier and Inquirer of the same day
said: “Now we tell them [the abolitionists] that
when they openly and publicly promulgate doctrines
which outrage public feelings, they have no right to
demand protection of the people they insult,” and
they must understand “that they prosecute their
treasonable and beastly plans at their own peril.”
56 WILLIAM JAY.
Such was the view taken of American freedom of
speech by the pro-slavery party. The manly traits
of American character seemed to be lost in the pre-
vailing atmosphere of race prejudice, cowardice, and
injustice. Politicians of both parties, representa-
tives of the commercial and professional classes of
the North, acquiesced in a policy which they thought
would advance their views, but which was destruc-
tive of the fundamental principles of American
liberty. The highest and the lowest had joined
hands to assail the coloured people and their friends.
Names honoured in the Church and the State, which
should have helped to elevate public opinion and to
guide it in the path of justice, obeyed the mandates
and echoed the denunciations of the Slave Power.
For a time was presented an alliance in behalf of
slavery of the highest classes with the scum of poli-
ticians and criminals. The intrepid William Leggett
was one of the few who dared to publish the truth.
“The fury of demons,” he wrote in the Evening
Post, “seems to have entered into the breasts of
our misguided populace. The rights of public and
private property, the obligations of law, the author-
ity of its ministers and even the power of the mili-
tary are all equally spurned by these audacious
sons of riot and disorder.” Candid and cautious
thinkers began to take alarm at the disregard for law
which seemed to be spreading through the country.
“These mobs,” wrote Dr. Channing, “are indeed most
dishonourable to us as a people, because they have
JOINS ANTISLA VERY SOCIETIES. 57
been too much the expression of public senti-
ment, . . . because there was a willingness that the
antislavery movement should be put down by force.”
The conduct of the mobs, and the encouragement
given to them by the press, aroused the spirit and
stimulated the energy of the abolitionists. “These
crimes,” said Judge Jay, “abundantly prove the
extreme cruelty and sinfulness of that prejudice
against colour which we are impiously told is an
ordination of Providence. Colonizationists, assum-
ing the prejudice to be natural and invincible, pro-
pose to remove its victims beyond its influence.
Abolitionists, on the contrary, remembering with the
Psalmist ‘ that it is He that hath made us, and not
we ourselves,” believe that the benevolent Father of
us all requires us to treat with justice and kindness
every portion of the human family.”
Although he had been an earnest emancipationist
for ten years, Judge Jay had had doubts of the
wisdom of forming antislavery Societies at so early a
period in the movement. He had feared that un-
measured and unconstitutional doctrines might be
adopted which would set the cause in a false light
before the country. His advice had been sought and
followed, as we have seen, and there was no longer
any reason why he should not become an active
member. In 1834, immediately after the riots and
when the Outlook seemed darkest, he took a place on
the Executive Committee of the National Society.
“In that season of feverish excitement,” wrote
58 WILLIAM JAY.
Hon. Henry Wilson, “Judge William Jay, inheriting
not only the honoured name, but the principles
and purity of the illustrious Chief-Justice, at first
declined an office in the new society, deeming its
organization premature,” but now “sought to take
his share of its labours and responsibilities. His
name gave prestige; his talents, learning, and integ-
rity afforded strength, while his cautious and ready
pen laid precious gifts upon its altar.”
In February, 1835, was published Jay’s “Inquiry
into the Character and Tendency of the American
Colonization and American Antislavery Societies.”
The book bore upon its title-page the words of
Milton, “Give me liberty to know, to utter, and to
argue freely, according to my conscience, above all
liberties”—a sentiment considered treasonable in
America by the Slave Power. This work had a
powerful effect upon public opinion, not only on ac-
count of the arguments it contained, but largely on
account of the character and position of its author.
It was the policy of the pro-slavery party to repre-
sent the abolitionists as ignorant and reckless agi-
tators, with nothing to lose. But here was a man of
family and fortune, a judge on the bench, high in
the counsels of the Episcopal Church, who set forth
the detested doctrines with judicial moderation and
unanswerable logic.
Jay began by an exposure of the Colonization
Society. He showed that it was merely a scheme to
get rid of the free blacks at the South, where they
HIS “INQUIRY”. 59
were regarded as a nuisance; that its officers repre-
sented it at the North as a solution of the slavery
Question to quiet emancipationists and to obtain
their subscriptions. He set forth the constitutional
and merciful objects of the American Antislavery
Society. He showed that abolitionists were neither
acting in opposition to law, nor were in any man-
ner exciting the slaves to insurrection; that the
Opinions they professed were such as had been
freely uttered by Jefferson, Franklin, and numerous
Southern statesmen within fifty years. He exposed
the cruel character of American slavery, the beastly
degradation, physical, moral, and mental, to which it
condemned the blacks; the horrors of the interstate
slave-trade, tearing husband from wife and children
from their mothers to be sold into distant places; he
pointed out the national disgrace involved in the
fact that in the city of Washington, under the stars
and stripes, slave-dealers were licensed to ply their
trade in human flesh, leading the chained “coffles”
of black wretches about the streets. The concluding
chapters were devoted to showing that emancipation
could be accomplished with safety, and that the real
danger to the country lay in the continuation of
slavery.
The Welcome extended to this book by the avowed
abolitionists is illustrated by the following extract
from the annual report of the Massachusetts Anti-
slavery Society in 1836: “We know it will not be
thought invidious towards others who have greatly
60 WILLIAM JAY.
contributed by their excellent writings to help on
our glorious enterprise, if we make especial mention
of the volume from the pen of the Hon. William Jay
of New York. His “Inquiry’ was published in the
early part of last year. Coming from him, a man
extensively known, and highly respected and beloved
by all who know him, it could not fail to command
the public attention. The very rapid sale of the
first and second editions evinced the eagerness of
thousands to know the results of his inquiry into the
Sentiments and plans of the two societies which had
stood from the birth of the latter in the attitude of
Opposition. It is a book so full of pertinent facts
and carefully drawn conclusions that it could not
fail to impart the convictions of its author to other
minds. No book on the subject has probably been
read by more persons, nor has any one been instru-
mental to the conversion of more.”
The importance of the “Inquiry” to the anti-
slavery cause is illustrated by the diverse character
of the men whose attention was attracted by it—
men whose conservative habits of mind, whose busi-
ness and professional interests caused them to
ignore if not to condemn the abolitionists. “Your
book,” wrote Rev. Beriah Green, who presided at
the organization of the American Antislavery Society
in Philadelphia, “will command a large circle of
readers who could not be persuaded to examine a
paragraph written by any of us who have so long
been known and hated and execrated as abolitionists.
HIS “INQUIRY.” 61
To many of these, your arguments, so skilfully
arranged, so powerfully described, so happily con-
ducted to so triumphant a conclusion, must prove
convincing. They must abandon their “miry clay,'
and, aided by your hand, take a position “On the
rock.” Among leading men influenced by Jay's
“Inquiry” may be mentioned Dr. Alonzo Potter, after-
wards Bishop of Pennsylvania, and Peter G. Stuy-
vesant, a representative of the solid Knickerbockers
of New York. Edward Delavan, of Albany, wrote:
“You have done the cause of humanity an incalcu-
lable amount of good by the work.” Mrs. Theodore
Sedgwick wrote from Stockbridge: “We are reading
your book on American slavery with great interest.
You have rendered an invaluable service to the
country and to the cause of humanity.” The appro-
bation most welcome to Jay was probably that of
the eminent Chancellor Kent. “I have read the
volume,” he said, “with equal interest and aston-
ishment. You have accumulated a mass of facts of
which a great part were to me unknown, and they
are of a surprising kind. I do not well see how your
argument on any material point can be gainsaid.
You have amply vindicated the character and inten-
tions of the American Antislavery Society from all
injurious imputations. The details of the slave-trade
and its accompanying atrocities, as carried on at
Washington, are horrible, and your work must go far
towards opening the eyes and disabusing the minds
of the public. I have, from the very beginning, had
62 WILLIAM JAY.
doubts and misgivings as to the efficacy and results
of the American Colonization Society, and for some
years past I have become Satisfied that the scheme
was in reality but an Utopian vision, though I had
supposed until now that its fruits were better. Per-
mit me to add that I have been much pleased, not
only with the clearness, force, simplicity, and pre-
cision of the style, but with your fearless, frank, and
manly, but courteous vindication of the cause of
Truth and Justice, and with your striking appeals to
the conscience and responsibilities of the Christian
reader.”
CELAPTER IV.
CONTINUED EFFORTS TO SUPPRESS THE ANTISLAVERY
MovKMENT BY FORCE AND INTIMIDATION.—FAvour-
ABLE EFFECT UPON THE PUBLIC MIND PRODUCED BY
JAY'S WRITINGS.
THE second anniversary of the American Anti-
slavery Society was held at the Presbyterian Church
at Houston and Thompson Streets in New York on
the 12th of May, 1835. James G. Birney, of Kentucky,
George Thompson, of England, and William Lloyd
Garrison made addresses. Judge Jay was appointed
foreign corresponding secretary, and instructed to
convey to the Duc de Broglie, president of the
French Society for the Abolition of Slavery, the
sympathy of American abolitionists.
The increasing activity and strength of the anti-
slavery movement were not unnoticed by the par-
tisans of the Slave Power, both North and South,
and an incident occurred at Charleston, S. C., on the
night of July 29th, which illustrated the temper and
methods of the party. The American Antislavery
Society had directed their publishers to forward a
63
64 WILLIAM JAY.
number of their periodical papers presenting facts
and arguments on the subject of slavery to various
Southern gentlemen of distinction in the hope of
inspiring a spirit of inquiry among persons of in-
fluence and character. “But it was precisely this
spirit of inquiry,” said Judge Jay, “that the advo-
cates of perpetual bondage feared might be fatal to
their favourite institution. Hence they affected to
believe that the papers sent to the masters were
intended to incite the slaves to insurrection.” The
fact that a considerable number of antislavery publi-
cations had arrived at Charleston became known, and
a mob broke into the post-office and burned the mail
in the streets. Arthur Tappan, William L. Garrison,
and Rev. Samuel H. Cox were burned in effigy.
Mass meetings were held at Charleston and Rich-
mond to approve the action of the mob, and aroused
great excitement throughout the country. A com-
mittee was appointed at Charleston to take charge of
the Northern mail on its arrival and to see that no
antislavery papers should reach their destinations.
The postmaster advised the postmaster-general that
under existing circumstances he had determined to
suppress all antislavery publications, and asked for
instructions. Amos Kendall, Jackson's postmaster-
general, whose sworn duty it was to preserve the
Sanctity of the mails, was only too willing to act as
the tool of the Slave Power. “We owe,” he replied,
“an obligation to the laws, but a higher one to the
communities in which we live, and if the former be
DESTRUCTION OF THE MAILS. 65
perverted to destroy the latter, it is patriotism to
disregard them. Entertaining these views, I cannot
Sanction and will not condemn the step you have taken.”
These novel and dangerous doctrines, by which the
laws of the republic were to be set aside by public
Officers for political purposes, received the sanction
of President Jackson.
The postmaster at New York, Samuel L. Gouver-
neur, proposed to the American Antislavery Society
that it voluntarily desist from sending its publica-
tions by mail, but the Executive Committee properly
refused to yield the legal rights which they possessed
in common with their fellow-citizens. The post-
master announced that antislavery papers would
not be forwarded until further notice, and wrote to
Washington for instructions. Kendall replied that
he was “deterred from giving an order to exclude
the whole series of antislavery publications from the
Southern mail only by a want of legal power.” Such
a power, he admitted, vested in the head of the post-
office department, would be fearfully dangerous and
had been withheld properly; but he added, with
more regard to the public opinion of the moment
than to the principles of the Constitution, “If I were
situated as you are, I would do as you have done.”
Some members of the Executive Committee wished
to test the action of the New York postmaster in the
United States courts, but Judge Jay opposed the
plan for reasons which he gave in a letter to Elizur
Wright, Jr.: “The action must be brought and tried
66 WILLIAM JAY.
in the city of New York—in that city in which this
same gentleman, after his offence had been publicly
proclaimed by himself in the newspapers, addressed
thousands of the citizens in the Park and was
received by their applause. Nor is this all. His
conduct is commended by his Superior, who is a
member of the President's cabinet and probably acts
with the approbation of General Jackson. Under
such circumstances, I think it improbable that a
prosecution would be attended with any result bene-
ficial to our cause. We have not surrendered our
rights, but they have been violently wrested from
us. . . . Festina lente is sometimes a safe maxim.
Fidelity to our principles and prudence in our con-
duct will, in time, through the blessing of God,
crown our labours with success. You think it is
hardly to be supposed that the people of the North
are willing to give up the right of the post-office.
Certainly they are not willing to give up their own,
but they are willing at present to give up our right
to it.” .
The South, recognizing the growing strength of
antislavery opinion, began its appeals to the North
to save the Union by suppressing the abolitionists.
A public meeting in Virginia requested that this
might be done “by strong yet lawful, by mild yet
constitutional means”—terms which recalled the in-
Quisitor of the Holy Office handing over condemned
heretics to the executioner with the ironical request
PRO–SLAVERY VIOLENCE. 67
that he would deal with them tenderly and without
blood-letting. In deference to the Slave Power the
post-office had been made to nullify the freedom of
the press, and freedom of speech was now to be Sup-
pressed, if possible, by mob violence. The situation
of abolitionists in this year may be inferred from
letters written from Brooklyn during the summer by
Mrs. Lydia Maria Child: “I have not ventured into
the city, nor does one of us dare to go to church
to-day, so great is the excitement here. You can
form no conception of it. 'Tis like the times of the
French Revolution, when no man dared trust his
neighbour. Private assassins from New Orleans are
lurking at the corners of the streets to stab Arthur
Tappan; and very large sums are offered for any
one who will get Mr. George Thompson into the
slave States. I tremble for him. He is almost a
close prisoner in his chamber, his friends deeming
him in eminent peril the moment it is ascertained
where he is. . . . Five thousand dollars were offered
on the Exchange in New York for the head of
Arthur Tappan on Friday last. Elizur Wright is
barricading his house with shutters, bars, and bolts.
Judge Jay has been with us two or three days. He
is as firm as the everlasting hills.”
The popular feeling against the abolitionists was
growing daily, and from every quarter they were
charged with “unconstitutional, insurrectionary, and
diabolical designs.” To attempt to disabuse the com-
68 WILLIAM JAY.
munity of the false impressions received from pro-
slavery speakers and newspapers seemed the most
important duty at this time. The following anony-
mous letter, signed “A Returning Southerner,” was
received by Arthur Tappan, and placed the necessity
for such action in a strong light:
“Though we are unknown to each other, yet the friend-
ship I feel for you induces me to address you. I have been
where you have not, and have heard what you have not, and
believe that great prudence is requisite on your part. I do
not ask you to remit your philanthropic efforts. Heaven and
and future ages, if not the present, will appreciate them.
“I do not pretend to advise, but have often thought that
you and your friends do not take sufficient means to disabuse
the public of the ceaseless charges of a multitude of papers.
“A vast majority in this city have never seen one of your
papers, and countless multitudes, not only here but through
our vast republic, believe without a doubt, for they have
seen it unceasingly asserted and never contradicted, that you
ardently wish your incendiary publications to excite the
slaves to rebellion and bloodshed, massacre and rapine in
their worst forms. While this impression is so common, or
rather so universal, I was glad to see in circulation, as tend-
ing in some measure to your safety and the safety of this
association, that you address not the slave but his master—a
fact well enough known by your vengeance-seeking foes, but
not known by those whom they intend to use as instruments
of violence. I only presume further to suggest a card, to be
inserted at least a week in the Courier and Inquirer, stating
in brief terms that you do not advocate the violence imputed
to you; that you address the reason of white men, not the
passions of slaves.”
JHIS ADDRESS TO THE PUBLIC. 69
The Executive Committee of the American Anti-
slavery Society resolved to ask Judge Jay to prepare
such a statement as the crisis called for. Jay was on
a tour through the White Mountains at the time,
but immediately on his return he prepared the fol-
lowing address, which was published in September,
1835, and was widely circulated in America and
Europe:
“To the Public.
“In behalf of the American Antislavery Society we solicit
the candid attention of the public to the following declara-
tion of our principles and objects. Were the charges which
are brought against us made only by persons who are in-
terested in the continuance of slavery, and by Such as are
influenced solely by unworthy motives, this address would be
unnecessary; but there are those who merit and possess our
esteem, who would not voluntarily do us injustice, and who
have been led by gross misrepresentations to believe that we
are pursuing measures at variance not only with the consti-
tutional rights of the South but with the precepts of humanity
and religion. To such we offer the following explanations
and assurances:
“1st. We hold that Congress has no more right to abolish
slavery in the Southern States than in the French West
India Islands. Of course we desire no national legislation
on the subject.
“2d. We hold that slavery cannot be lawfully abolished
except by the Legislatures of the several States in which it
prevails, and that the exercise of any other than moral influ-
ence to induce such abolition is unconstitutional.
“3d. We believe that Congress has the same right to abolish
70 WILLIAM JAY.
slavery in the District of Columbia that the State govern-
ments have within their respective jurisdictions, and that
it is their duty to efface so foul a spot from the national es-
Cutcheon.
“4th. We believe the American citizens have the right to
express and publish their opinions of the constitutions, laws,
and institutions of any and every State and nation under
heaven; and we mean never to surrender the liberty of
speech, of the press, or of conscience—blessings we have in-
herited from our fathers, and which we intend, so far as we
are able, to transmit unimpaired to our children.
“5th. We have uniformly deprecated all forcible attempts
on the part of the slaves to recover their liberty; and were
it in our power to address them we would exhort them to ob-
serve a quiet and peaceful demeanour, and would assure them
that no insurrectionary movement on their part would receive
from us the slightest aid or countenance.
“6th. We would deplore any servile insurrection, both on
account of the Calamities which would attend it and on ac-
count of the occasion which it would furnish of increased
severity and oppression.
“7th. We are charged with sending incendiary publica-
tions to the South. If by the term ‘incendiary’ is meant
publications containing arguments and facts to prove slavery
to be a moral and political evil, and that duty and policy
require its immediate abolition, the charge is true. But if
this term is used to imply publications encouraging insurrec-
tion and designed to excite the slaves to break their fetters,
the charge is utterly and unequivocally false. We beg our
fellow-citizens to notice that this charge is made without
proof, and by many who confess that they have never read
our publications, and that those who make it offer to the
public no evidence from our writings in Support of it.
HIS ADDRESS TO THE PUBLIC. 71
“8th. We are accused of sending our publications to the
slaves, and it is asserted that their tendency is to excite in-
surrections. Both the charges are false. These publications
are not intended for the slaves, and were they able to read
them, they would find in them no encouragement to insur-
rection.
“9th. We are accused of employing agents in the slave
States to distribute our publications. We have never had
one such agent. We have sent no packages of our papers
to any person in those States for distribution, except to five
respectable resident citizens at their own request. But we
have sent by mail single papers addressed to public officers,
editors of newspapers, and clergymen. If, therefore, our ob-
ject is to excite the slaves to insurrection, the masters are
our agents!
“10th. We believe slavery to be sinful, injurious to this
and to every other country in which it prevails; we believe
immediate emancipation to be the duty of every slaveholder,
and that the immediate abolition of slavery, by those who
have the right to abolish it, would be safe and wise. These
opinions we have freely expressed, and we certainly have no
intention to refrain from expressing them in future, and
urging them upon the consciences and hearts of our fellow-
citizens who hold slaves or apologize for slavery.
“11th. We believe that the education of the poor is re-
quired by duty, and by a regard for the permanency of our
republican institutions. There are thousands and tens of
thousands of our fellow-citizens, even in the free States, sunk
in abject poverty, and who, on account of their complexion,
are virtually kept in ignorance, and whose instruction in
certain cases is actually prohibited by law. We are anxious
to protect the rights and to promote the virtue and happiness
of the coloured portion of our population, and on this ac-
72 WILLIAM JAY.
count we have been charged with a design to encourage in-
termarriage between the whites and the blacks. This charge
has been repeatedly and is now again denied; while we re-
peat that the tendency of our sentiments is to put an end
to the criminal amalgamation that prevails wherever slavery
exists.
“12th. We are accused of acts that tend to a dissolu-
tion of the Union, and even of wishing to dissolve it. We
have never ‘ calculated the value of the Union,” because we
believe it to be inestimable, and that the abolition of slavery
will remove the chief danger of its dissolution; and one of
the many reasons why we endeavour to preserve the Consti-
tution is that it restrains Congress from making any law
“abridging the freedom of speech or of the press.”
“Such, fellow-citizens, are our principles. Are they un-
worthy of Christians and of republicans? Or are they in truth
so atrocious that in order to prevent their diffusion you are
yourselves willing to surrender at the dictation of others the
invaluable privilege of free discussion, the very birthright of
Americans? Will you, in order that the abominations of
slavery may be concealed from public view, and that the
capital of your republic may continue to be as it now is,
under the sanction of Congress, the great slave-mart of the
American continent, consent that the general government, in
acknowledged defiance of the Constitution and laws, shall
appoint throughout the length and breadth of your land ten
thousand censors of the press, each of whom shall have the
right to inspect every document you may commit to the post-
office, and to suppress every pamphlet and newspaper, whether
religious or political, which in his sovereign pleasure he may
adjudge to contain an incendiary article? Surely we need
not remind you that if you submit to such an encroachment
on your liberties the days of our republic are numbered, and
PHIS ADDRESS TO THE PUBLIC. 73
that although abolitionists may be the first, they will not be
the last victims offered at the shrine of arbitrary power.
“(Signed)
“ARTHUR TAPPAN,
“JOHN RANKIN,
“WILLIAM JAY,
“ELIZUR WRIGHT, Jr.,
“ABRAHAM L. COX,
“LEWIS TAPPAN,
“JosłIUA TEAVITT,
“SAMUEL E. Corn ISH,
“SIMEON S. JOCELIN,
“THEODORE S. WRIGHT.
“NEW YORK, September 3d, 1835.” tº
The effect of Jay's address to the public was thus
described by Elizur Wright, Jr.: “The Southern
papers are copying it extensively, and most of them
charge us with having disclaimed in it our real mo-
tives—a proof that our real sentiments were before
misunderstood. In a large number of Northern
papers it is copied with more or less approbation.
Indeed, none but the determined pro-slavery presses
fail to speak of it as a candid, firm, and honourable
if not convincing document.” “It has had a most
beneficial effect,” wrote Lewis Tappan. “What a
contrast to the ebullition of public meetings!”
A movement was begun in the year 1835, on the part
of the Southern press and Southern Legislatures to
induce penal legislation in the North against the ex-
pression of antislavery sentiments. The Richmond
Whig revealed its opinion of its Northern allies
74 WILLIAM JAY.
when it said: “Depend upon it, the Northern people
will never sacrifice their lucrative trade with the
South so long as the hanging of a few thousands
will prevent it.” In obedience to these demands,
pro-slavery men in the North were actually to be
found proposing legislation intended to destroy the
freedom of the press and to make antislavery ex-
pression a criminal offence. Judge Jay took occa-
sion to meet this movement in a charge which he
delivered to the Westchester Grand Jury, in which
he said: “Any law which might be passed to abridge
in the slightest degree the freedom of speech or of
the press, or to shield any one subject from dis-
cussion, would be utterly null and void; and it
would be the duty of every genuine republican to
resist with energy and decision so palpable an out-
rage on the declared will of the people.” These
remarks were widely published and did much to dis-
courage the pro-slavery agitators.
But other illegitimate and violent schemes to
reduce to silence antislavery men were soon brought
into play. South Carolina having inaugurated the
assault upon the constitutional rights of the North
through the post-office, Alabama followed in a yet
bolder step against the personal security of aboli-
tionists. Governor Gayle, of that State, demanded
of the Governor of New York that Ransom G.
Williams, the publishing agent of the Antislavery
Society, should be surrendered to him to be tried
under the laws of Alabama on an indictment found
\
{
THE INDICTMENT OF WILLIAMS. 75
against him by the Grand Jury for publishing in the
Fmancipator, in the city of New York, the follow-
ing Sentiment: “God commands and all nature cries
out that man should not be held as property. The
System of making men property has plunged two
and a quarter millions of our fellow-countrymen into
the deepest physical and moral degradation, and
they are every moment sinking deeper.” This ex-
pression was the most offensive which the Alabama
Grand Jury could discover in the documents of the
society on which to base the indictment and demand,
and as the one which came nearest to anything
resembling an attempt to incite the slaves to insur-
rection. Williams had never been in the State of
Alabama, was never subject to its laws, had never
fled from its jurisdiction, and these facts were
admitted by the Governor when he made requisition
for Williams as a “fugitive from justice.” While
the American Antislavery Society was considering
what action it should take for the protection of its
agent, Lewis Tappan wrote to Judge Jay (8th
September) suggesting that he should get the opin-
ion of two or three eminent lawyers on the sub-
ject to be circulated by the society. Jay replied:
“The Southern papers have intimated that North-
ern abolitionists may be indicted in the courts and
then demanded of the State executives, and you
request my opinion whether it would be advisable
to obtain and publish the legal opinion of eminent
counsel on this novel doctrine. The doctrine is so
76 WILLIAM JAY.
monstrous, so utterly at variance with all our ideas
of constitutional and State rights, that it shocks the
understanding and moral sense of the community,
and I verily believe that there is not one Northern
governor who would dare to arrest a citizen on such
a demand. But if we manifest alarm at this doctrine
and get lawyers to controvert it, there will be found
rival presses, venal lawyers, and corrupt politicians
to support the other side of the question; the com-
munity will begin to discuss the subject, passion and
interest and prejudice will believe whatever they
want to believe. My opinion, therefore, is that the
less we say on this subject the better, and that we
should not give a factitious importance to the
doctrine.” Jay's advice was followed and proved to
be wise. Governor Marcy could do nothing but
refuse the request of Governor Gayle, although he
softened his refusal by abuse of the abolitionists.
Under the leadership of Alvan Stewart a conven-
tion was called to meet at Utica on October 21, 1835,
to form a New York State Antislavery Society.
About six hundred delegates were present. The
spirit of mob violence, which was being encouraged
by pro-slavery orators and presses throughout the
country to suppress the abolitionists by force, was
relied upon to prevent the meeting of the conven-
tion. The mob having occupied in advance the
room in the court-house prepared for the meeting,
the delegates repaired to a Presbyterian Church,
where they had barely enough time to organize and
MOB VIOLENCE, 77
elect officers before the riotous supporters of slavery
broke into the church and violently dispersed the
convention. The lawless tyranny to which the dele-
gates were subjected and their courageous conduct
attracted to their cause many persons who had held
aloof hitherto. Chief among these was Gerrit Smith,
who from this time gave to the antislavery move-
ment unstinted contributions of money and intelli-
gent labour. Judge Jay, notwithstanding his un-
avoidable absence from the convention, was elected
president of the society then formed.
At about the same time as the Utica riots occurred
the mobbing of William Lloyd Garrison, in Boston,
by “gentlemen of property and standing.” And all
over the North were enacted scenes of violence,
encouraged by a large portion of the press, which
were intended to gratify the Southern demand that
abolitionism should be put down at all hazards.
The sanctity of the mails, the constitutional right of
free speech and of lawful assemblage, were forgotten
by a large portion of the people. And they were
forgotten by the President of the United States him-
self. In December, 1835, Andrew Jackson, in his
message to Congress, gave a tacit approval to mob
rule, to the suppression of the freedom of the press,
and to the oft-exposed falsehood that the aboli-
tionists distributed documents among the slaves
intended to incite them to insurrection; and he
recommended the closing of the mails to antislavery
people.
78 WILLIAM JAY.
The position taken by President Jackson was so
unjust, so unconstitutional, and so calculated to
aggravate the situation, that the American Anti-
slavery Society determined to make an official reply
to it. Judge Jay was chosen to answer the Presi-
dent on behalf of the Society, and he prepared an
address which was signed by all the officers. This
document was a complete exposure of the falsity of
the charges made and of the unlawfulness of the
restrictive measures which Jackson proposed to
Congress.
“You have accused,” said Jay, “an indefinite number of
your fellow-citizens, without designation of name or resi-
dence, of making unconstitutional and wicked efforts, and of
harbouring intentions which could be entertained only by the
most depraved and abandoned of mankind; and yet you care-
fully abstain from averring which article of the Constitution
they have transgressed; you omit stating when, where, and
by whom these wicked attempts were made; you give no
specification of the inflammatory appeals which you assert
have been addressed to the passions of the slaves. You well
know that the ‘moral influence ’ of your charges will affect
thousands and tens of thousands of your countrymen, many
of them your political friends—some of them heretofore
honoured with your confidence—most, if not all of them, of
irreproachable character; and yet, by the very vagueness of
your charges, you incapacitate each one of this multitude
from proving his innocence. . . . It is deserving of notice
that the attempt to circulate our papers is alone charged upon
us. It is not pretended that we have put our appeals into
IBEPLY TO PRESIDENT JACKSON. 79
the hands of a single slave, or that in any instance our en-
deavours to excite a servile war have been crowned with suc-
cess. And in what way was our most execrable attempt
made? By Secret agents, traversing the slave country in dis-
guise, stealing by night into the hut of the slave, and reading
to him our inflammatory appeals? You, sir, answer this
question by declaring that we attempted the mighty mis-
chief by circulating our appeals through the mails / And are
the Southern slaves, sir, accustomed to receive periodicals by
mail? Of the thousands of publications mailed from the
antislavery office for the South, did you ever hear, sir, of one
solitary paper being addressed to a slave? Would you know
to whom they were directed, consult the Southern newspapers,
and you will find them complaining that they were sent to
public officers, clergymen, and other influential citizens.
Thus, it seems, we are incendiaries who place the torch in
the hands of him whose dwelling we would fire! We are con-
spiring to incite a servile war, and announce our design to
the masters and commit to their care and disposal the very
instruments by which we expect to effect our purpose! . . .
To repel your charges and to disabuse the public was a duty
we owed to ourselves, to our children, and, above all, to the
great and holy cause in which we are engaged. That cause
we believe is approved by our Maker; and while we retain
this belief, it is our intention, trusting to His direction and
protection, to persevere in our endeavours to impress upon
the minds and hearts of our countrymen the sinfulness of
claiming property in human beings, and the duty and wis-
dom of immediately relinquishing it. When convinced that
our endeavours are wrong, we shall abandon them, but such
conviction must be produced by other arguments than witu-
peration, popular violence, or penal enactments.”
80 WILLIAM JAY.
In 1836 Judge Jay resigned the presidency of the
New York State Antislavery Society. The distance
of his home from the headquarters of the Society
made the office nearly nominal, and he thought that
it should be filled by a person more favourably situ-
ated for usefulness. “We commenced the present
struggle,” he wrote in his letter of resignation, “to
obtain the freedom of the slave; we are compelled to
continue it to preserve our own. We are now con-
tending, not so much with the slaveholders of the
South about human rights, as with the political and
commercial aristocracy of the North, for the liberty
of speech, of the press, and of conscience. Our poli-
ticians are selling our constitutions and laws for
Southern votes. Our great capitalists are specu-
lating, not merely in land and banks, but in the
liberties of the people. We are called to contemplate
a spectacle never, I believe, before witnessed—the
wealthy portion of the community striving to intro-
duce anarchy and violence on a calculation of profit;
making merchandise of peace and good order In
Boston we have seen the editor of a newspaper led
through the streets with a halter by gentlemen ‘of
property and standing.' The New York mobs were
excited, not by the humble penny press, but by the
malignant falsehood and insurrectionary appeals of
certain commercial journals. Rich and honourable
men in Cincinnati have recently at a public meeting
proclaimed lynch law, and through their influence a
printing-press devoted to freedom has been destroyed,
21/zzº-ſº -111. Aºra ºr zºosº.


THE CONSEQUENCES OF VIOLENCE. 81
and the whole affair, we are coolly and most truly
told, was a business transaction.
“. . . It cannot be, it is not in human nature that
judges and lawyers and rich merchants will long
enjoy the exclusive privileges of trampling on the
laws. These men are sowing the wind and they will
reap the whirlwind. They may see the buddings of
their harvest in the recent assaults upon the Holland
Land Company. When the tempest of anarchy they
are now raising shall sweep over the land it will not
be the humble abolitionist, but the lofty possessor of
power and fortune, who will first be levelled by the
blast. . . . The obligations of religion and of patriot-
ism; the duties we owe to ourselves, to our children,
the cause of freedom, and the cause of humanity—all
require us to be faithful to our principles, to per-
severe in our exertions, and to surrender our rights
only with our breath. Duties are ours and conse-
Quences are God's, and while we discharge the first
we may be confident that the latter will be entirely
consistent with our true Welfare.”
CHAPTER v.
GRADUAL TECLINE OF RIOTOUS DEMONSTRATIONS AGAINST
THE ABOLITIONISTS.—CEHANGES OCCUR IN THE DOC-
TRINES AND METHODS OF TEIE AMERICAN ANTISTAVERY
SOCIETY.—JUDGE JAY RESIGNS HIS MEMBERSHIP, WHILE
CONTINUING HIS EFFORTS ON BEELALF OF EMANCIPATION.
THE effort to suppress the antislavery movement
by force, which was carried on by Northern people
at the instigation of the South, continued through
the years 1837 and 1838. The incidents which
attracted the most attention were the murder of
Lovejoy at Alton and the burning of Pennsylvania
Hall in Philadelphia by a mob. By assassination
and arson a considerable portion of the American
people sought to destroy the right to free speech and
free assemblage guaranteed by the American Con-
stitution and cherished hitherto as a birthright.
The right of free discussion, wrote Alexander H.
Everett at the time, “is not only endangered, but for
the present, at least, is actually lost.” “The news-
papers of every day,” he continued, “bring to our
view the account of some new case in which a print-
ing-press has been seized and thrown into the river;
a public meeting broken up; a citizen tarred and
82
DIFFERENCES AMONG ABOLITIONIST.S. 83
feathered, scourged—too often, I add with horror,
put to a violent death by a lawless mob for no other
cause or crime than the free discussion of the subject
of slavery.” The impunity with which these crimes
were committed, the connivance or leniency of the
authorities whose sworn duty it was to uphold the
laws, made this time a critical one for the security of
American liberties. In pursuing their lawful course
undaunted through this “reign of terror,” when so
large a portion of their fellow-countrymen seemed to
have forgotten the obligations of citizens to estab-
lished law, the abolitionists not only maintained the
existence of their cause, but they preserved those
rights which Americans value above all others.
That free speech continued to exist in the United
States was due to their indomitable courage. Such
a state of affairs could not endure long. Lawless
feeling exhausted itself in fruitless violence. Anti-
slavery societies increased in numbers and member-
ship. Comparative order and toleration gradually
displaced the disgraceful passions which had placed
the liberties of the country in hazard.
As opposition diminished and their path becamo
easier, abolitionists began to differ among themselves
as to the best means to attain their ends and as to
the fundamental principles of their cause. In New
York State a tendency was developed, under the lead-
ership of Gerrit Smith, to adopt political methods.
In Boston moral agitation remained the accepted
means. But here novel theories on other subjects
84 WILLIAM Jay.
were being adopted by leading antislavery people
and thus associated in the public mind with anti-
slavery itself. Garrison adopted and recommended
in the Liberator his no-government and non-resist-
ance doctrines. He put forth new and not gener-
ally accepted views regarding the observance of
Sunday. He took pains to declare that he adopted
these theories in his private capacity, and not as an
abolitionist. But he had many followers who did
not discriminate so carefully. The public mind
became confused and began to associate abolitionism
with a variety of novel and unpopular opinions.
The cause was thus obstructed and divisions occurred
among those who laboured for the emancipation of
the negro. Up to this time women had not taken
part in public meetings, and to many persons the
idea of their doing so was repugnant. The admission
of Women to membership and office in the same
societies as men was determined in Boston in 1838,
after a struggle and amidst much objection.
“I have observed,” wrote Jay in a private letter in
1838, “frequent attempts to use abolition as a pack-
horse to carry forth into the world some favourite
notion having no legitimate connection with the an-
tislavery cause; and have witnessed the dissensions
caused in our ranks by such inconsiderate and dis-
honest assumptions. Thus I have known an official
document, under the signature of a secretary of a
State Society, pass a high eulogium on a particular
form of Church government; and I have seen an
DIFFERENCES AMONG ABOLITIONISTS. 85
editorial article in an official antislavery periodical
recommending a decoction of dried currants as a
substitute for the fermented juice of the grape in
the observance of the Lord's Supper All such per-
versions of antislavery influence appear to me to be
dishonest in their character, and dangerous in their
consequences to the continuance and efficiency of
Our Organization. No one is more strenuous than
myself for the right of opinion and discussion; but
common justice and fairness require that we should
not make others responsible for our peculiar opin-
ions, nor seek to propagate them by means entrusted
to us for very different purposes.
“The practice of passing numerous resolutions at
our antislavery meetings strikes me as a growing
and pernicious evil. Too many seem to think that
all our objects are to be effected by resolutions; and
amid the vast multitude that are proposed and
adopted with little reflection, it is not surprising,
yet deeply to be deplored, that some are false in fact,
more false in sentiment, and very many coarse and
vulgar in expression. Falsehood is not the less im-
moral for being employed in a good cause, and it is
very unwise to impair the charms of Truth by array-
ing her in vulgar attire. It is to be wished that our
meetings may in future be less prodigal of their
resolutions, and more circumspect as to the matter
and language.”
Judge Jay looked with dismay upon the novel
doctrines on other subjects which were becoming
86 WILLIAM JAY.
associated with antislavery in the public mind. He
deplored the loss of strength which must result
from a departure from the singleness of purpose
announced in the declaration of principles at the
founding of the American Antislavery Society. And
there were differences of opinion arising on the
fundamental principles of the cause which troubled
him still more. As has been shown in these pages,
he had joined the American Antislavery Society only
after a deliberate examination of its constitution and
the conviction that its principles were in strict
accordance with the Constitution of the United
States. He was as strong an advocate of emancipa-
tion as lived, but to him the Constitution was the
Supreme law under which all benefits could be and
must be obtained. Efforts to seek the abolition of
slavery by arguments or conduct in violation of the
Constitution seemed to him wicked in themselves
and fatal to the cause. Such efforts he had now to
combat.
At the sixth anniversary of the Massachusetts
Antislavery Society, held in January, 1838, the busi-
ness committee, composed of Messrs. Garrison, Phelps,
May, and Fairbanks, reported the following resolu-
tion: •
“Resolved, That in order to bring our coloured friends
within the brotherhood of this nation, we will encourage them
in petitioning to Congress, in their own names, for the re-
dress of their grievances, and, if not successful, then we will
lend them our aid in bringing their cause before the court of
THE CONSTITUTIONAL QUESTION. 87
the United States to ascertain if a man can be held in bond-
age agreeably to the principles contained in the Declaration
of Independence or the Constitution of our country.”
Judge Jay wrote a letter to Mr. Ellis Gray Loring,
March 5th, asking for more definite information as
to the true intent of the society in passing the reso-
lution.
“Who are the coloured friends alluded to?” he asked.
“Obviously slaves, because if Congress does not redress their
grievances, then the society is to lead them into the court of
the United States to ascertain whether a man can be held in
b0mdage.
“What grievances are the slaves, under the encourage-
ment of the society, to petition Congress to redress? Obvi-
ously those they suffer as slaves, because if Congress does not
redress them, redress is to be sought in the court, by de-
manding if a man can be held in bondage, that is, as a slave.
“What slaves are intended by the resolution? No qualifi-
cation or limitation whatever is expressed or implied. The
Society, no doubt, recognizes the slaves of Georgia as its
coloured friends as well as the slaves of the District of Colum-
bia. The resolution is the tenth of a series of resolutions re-
ported by the committee, and in none of them is any men-
tion made of the District of Columbia, and, moreover, the
question to be decided by the court is not whether an inhabi-
tant of the District can be held as a slave, but whether a man
can be held in bondage agreeably to the principles of the Dec-
laration of Independence and the Constitution of our country,
and the tribunal to decide this question is not the court of the
District but the court of the United States.
“Members of Congress take an oath to support the Consti-
88 WILLIAM JAY.
tution of the United States. If, therefore, the society believe
the Constitution does not authorize Congress to redress the
grievances of its coloured friends, it has pledged itself to en-
courage those friends to petition Congress to commit perjury.
Hence it appears to me that the true meaning of this resolu-
tion, expressed in plain language, is, ‘ Resolved, That in our
opinion Congress possesses the constitutional power to abolish
slavery throughout the United States, and that we will en-
courage the slaves to petition Congress for an act of emanci-
pation, and should no such an act be passed we will aid them
in suing for their freedom in the Supreme Court of the United
States.”
“It is to be regretted that the society did not announce
the means they intend to employ to encourage the slaves to
send petitions to Congress. The pledge has been solemnly
given. Is it to be redeemed by sending among them secret or
avowed agents? It is singular also that if the Society believes
the ‘court of the United States’ can give liberty to the slaves,
it should not make an immediate application for its beneficent
interposition, but should resolve to postpone such application
not only until it has succeeded in prompting them to petition
Congress for a redress of their grievances, but also until a
sufficient time has elapsed to learn the result of this moral
experiment. Permit me now, sir, to call your attention to
the past professions of some of the gentlemen who reported
this resolution, and of the society which adopted it.
“On the 4th December, 1833, Messrs. Phelps, Garrison, and
May, as members of the Philadelphia Convention, signed the
following declaration: “We fully and unanimously recognize
the sovereignty of each State to legislate ea clusively on the
subject of slavery which is tolerated within its limits. We
concede that Congress has no right to interfere with any slave
State in relation to the momentous subject.”
THE CONSTITUTIONAL QUESTION. 89
“Mr. Garrison afterwards, in an editorial article in the
Liberator, thus expresses himself: “Abolitionists as clearly
understand and as Sacredly regard the constitutional powers of
Congress as do their traducers, and they know, and have again
and again asserted, that Congress has no more nightful author-
ity to sit in judgment upon Southern slavery than it has to
legislate for the abolition of slavery in the French colonies.’
“On the 17th of August, 1835, at a meeting of the Massa-
chusetts Antislavery Society, duly held in Boston, an address
to the public was adopted, professing to set forth the true
principles and objects of the society; and to give this state-
ment a stronger claim to the confidence of the community it
was authenticated by the signatures of thirty-one of the prin-
cipal officers and members of the Society, including your own
and those of three of the committee who reported the late
resolution, viz., Messrs. Garrison, May, and Fairbanks. The
opinion of the society at that time on the power of Congress
was in that document thus explicitly stated: “We fully ac-
knowledge that no change in the slave laws of the South-
ern States can be made unless by the Southern Legislatures.
Neither Congress nor the Legislatures of the free States have
authority to change the condition of a single slave in the slave
States.” Yet the society now stands prepared to encourage
the slaves to petition Congress for a redress of their griev-
ances! And now, sir, the object of this letter is to ascertain
whether the resolution I have quoted does in truth represent
the present opinion held by your society on the power of Con-
gress, or whether the resolution was intended to be confined
to slaves in the District of Columbia and the territory of
Florida.
“It cannot be necessary to dwell on the vast importance
of an explicit declaration by your board on this subject. In-
dependent of the deep concern I feel in the harmony, integ-
90 WILLIAM JAY.
rity, and consistency of the abolition party, I have a personal
interest in the inquiry I now make of you. An enlarged edi-
tion of my book is ready for the press, but the late resolution
of your society compels me to suspend its publication. I had
treated the charge that abolitionists desired Congress to inter-
fere with slavery in the States as calumnious, and in refuta-
tion of it had appealed to their solemn disclaimers. I need
not say, sir, that until the late resolution is Satisfactorily ex-
plained, or its doctrine disavowed by your Society, I cannot
in my new edition deny the charge, but must as an honest
man substitute for my confident assertions and triumphant
appeals most painful and humiliating confessions. Permit
me to suggest that it is highly desirable that your board
should act explicitly on this subject before the meeting of the
American Antislavery Society, that, if possible, no inquiries
or investigation may then arise to mar the harmony of the
meeting and retard the progress of abolition. -
“I flatter myself, sir, that your sentiments on the consti-
tutional question remain the same as when you signed the
address of 1835, and that you comprehend and appreciate the
motives which have prompted this letter. I shall await your
answer with extreme anxiety.”
On receipt of this letter Mr. Loring communicated
with a number of the members of the board of
managers and endeavoured to hold a meeting of the
board for the purpose of rescinding or repudiating
the resolution; but it was not until the 14th that he
succeeded in getting a quorum together. After Mr.
Loring had read Judge Jay's letter to the board,
they promptly passed the following resolution:
THE CONSTITUTIONAL QUESTION. 91
“Resolved, That as said resolution was submitted to the
meeting just at its close, when but few delegates were pres-
ent, and was adopted without deliberation or discussion, this
board recommend its reconsideration at the next quarterly
meeting of the Society.
“Resolved, As the sense of this board, that Congress has
no power to abolish slavery in the several States of this
Union.”
In a letter dated the 15th of March, enclosing a
copy of the above resolution, Mr. Loring said: “I
can hear of but one or two persons here who believe
in the power of Congress over slavery in the States,
viz., the Misses Grimke, Mr. Alanson St. Clair, and
perhaps Mr. May and Mrs. Chapman. Several, how-
ever, and those influential persons (Mr. Garrison
among them), think slavery unconstitutional, and
believe it would be so pronounced by the Supreme
Court of the United States if the point should ever
be made. In this opinion I can by no means agree.”
The “unfortunate resolution,” he continued, was
offered by a “silly officious person" at a moment of
much haste and confusion just as the meeting was
breaking up, and had been approved without proper
consideration by the committee whose duty it was
to revise all resolutions. “It seems, however, to
have been understood by those who voted for it
as applying only to free coloured persons whose
rights might be infringed by Southern laws or to
slaves in the District of Columbia; and the pledge
92 WILLIAM JAY.
given to try the question of slavery in the United
States Courts seems to have arisen from the notion
that the question of the accordance of slavery with
the Constitution might be incidentally raised and
determined even in a case in which the party whose
rights are to be vindicated is free.”
In conclusion Mr. Loring said that this question
would assume an important aspect at the future
meetings of the Antislavery Society, and earnestly
hoped wise and honest counsel would prevail. He
thought it would be sufficient ground for dissolving
the Union were the United States Supreme Court
to assume power over slavery in the several States.
“The honesty and common sense of the nation,” he
wrote, “would revolt against such a doctrine and
against those who should maintain it.”
In his reply, dated the 29th of March, Judge Jay
congratulated Mr. Loring on the service he had
rendered the cause of abolition by procuring the
passage of the resolutions from the board of mana-
gers. “In the fulness of our zeal,” he wrote, “we
are all liable occasionally to stray beyond the line of
propriety, and it evinces more devotion to duty to
acknowledge and correct errors than to avoid com-
mitting them.”
At the fifth annual meeting of the American Anti-
slavery Society, held at the Broadway Tabernacle on
the 2d of May, 1838, Alvan Stewart of Utica,
N. Y., offered a resolution, vigorously supported by
himself and others, to the following effect:
THE CONSTITUTIONAL QUESTION. 93
“That the clause of the second article of the constitution
of this society be struck out which admits ‘that each State in
which slavery exists has, by the Constitution of the United
States, the exclusive right to legislate in regard to its aboli-
tion in said State.’”
This motion was equivalent to a declaration on
the part of the society that Congress had the right,
under the Constitution, to abolish slavery. Judge
Jay had previously declared that Stewart's doctrine
was false, untenable, and hurtful to the cause. The
arguments by which it was supported he considered
absurd. For two days of continued debate he ex-
posed its fallacy and danger and was rewarded by
the defeat of the resolution. But such attempts to
change the original articles of belief upon which the
Society was founded gave him great uneasiness for
the future. His feelings upon this subject were
shown in a letter to the secretary of the Young Men's
Antislavery Society who had invited him to preside
at its convention: -
“On uniting with the American Antislavery Society some
years since I remarked, with the letter requesting that my
name might be enrolled among its members, that I had atten-
tively considered its constitution, and expressed my convic-
tion that in joining the society I was acting consistently with
my obligations as a Christian and a citizen. The great moral
principles advanced in the constitution perfectly accorded, in
my opinion, with the precepts of the Gospel, and the meas-
ures proposed, by which those principles were to be carried
into practice, equally accorded with the obligations of the oath
94 WILLIAM JAY.
I had taken to support the Constitution of the United States.
I embarked in the antislavery cause with a firm determina-
tion to support the principles and measures avowed by the
Society at the hazard of obloquy, persecution, and, if neces-
sary, even life itself; and never in advocating the cause to
sacrifice truth and principle to expediency. How far I have
acted up to this determination others must judge. I am not
myself conscious of having departed from it.
“The constitution of the society contains an express ad-
mission that “each State in which slavery exists has, by the
Constitution of the United States, the exclusive right to
legislate in regard to its abolition; ' and the object of the
society in regard to slavery in the States is declared to be to
effect its abolition by “arguments addressed to the under-
standings and consciences of our fellow-citizens.” Notwith-
standing these explicit declarations we were accused of aiming
to effect our object by inducing Congress to invade the rights
of the States by abolishing slavery within their limits; and
it was justly argued that such an attempt was unconstitu-
tional, and would, if successful, lead to civil War and a sev-
erance of the Union. So gross and unfounded were the
calumnies circulated against us, that it was deemed expedient
by the executive committee of the society, of which I was
one, to publish an address to the public, pledging our
individual characters and responsibility as to the real objects
and principles entertained by our association. This address
bore my signature among others, and contained, as nearly as I
can recollect, the following passage: “We hold that Congress
has no more right to abolish slavery in the States in which it
exists than it has to abolish slavery in the French West India
Islands; consequently we desire no national legislation on
the subject.” We were justified in giving this pledge by the
declaration of the convention which formed the Society, by
AL VAN STE WART'S DOCTRINE. 95
the constitution of the society itself, by the constitutions of
the several State societies, and by the uniform language of
antislavery publications. Few persons have been more con-
veſsant with the writings of abolitionists than myself; yet I
can truly aver that until the appearance of Mr. Stewart’s
extraordinary argument I was not aware that there was a
man or woman belonging to an antislavery society who en-
tertained a different opinion. This gentleman, holding the
responsible station of chairman of the executive committee
of the State society, avowing in its constitution the inability
of Congress to abolish slavery in the States, published an
article in the official paper of the society, asserting the con-
stitutional power of Congress immediately to emancipate
every slave in the United States, declaring that abolitionists
had “but one thing to do ’—which was to petition Congress
to exercise this power; thus repudiating the moral means they
had prescribed for themselves, viz., “arguments addressed to
the understandings and consciences of our fellow-citizens’;
and virtually recommending the employment of force, the
power of the general government as the sole agent in effect-
ing the abolition of slavery.
“I had supposed that sentiments so utterly at variance
with the solemn asseverations of abolitionists, so repugnant
to the constitutional pledges of their societies, would have
excited universal indignation; but I was mistaken. After
the publication of these sentiments, Mr. Stewart was selected
as one of the orators of the American Society at their ensuing
anniversary. At the annual meeting in May last he moved
to purge from the constitution the concession I have quoted,
thus giving the society the constitutional right of discharg—
ing what he had proclaimed the sole duty of abolitionists,
that of petitioning Congress to abolish slavery in the States;
and in supporting his motion he ridiculed the idea of effect-
96 WILLIAM JAY.
ing our object by addresses to the understanding and con-
sciences of slaveholders. On taking the question a majority
of the Society was in favour of expunging; and the admission
respecting the power of Congress still stands in the constitu-
tion only because it required a vote of two thirds to cancel it.
Mr. Stewart was afterwards elected a manager of the society.
A State society since organized has by a formal vote refused
to insert the usual admission into its constitution, and
another previously organized has since stricken it from its
constitution.
“From this state of facts it is apparent that the pledges
given to the public in our constitution, and in the address of
the executive committee to which I have referred, that
abolitionists admitted that Congress had no right to interfere
with slavery in the States, that hence arguments were the
only means they intended to use for its abolition, have been
flagrantly falsified. So far as I was concerned, and unques-
tionably many more, the pledge was given in good faith, and
however others may belie it, I mean honestly to abide by it.
In my opinion, Congress has no more right to pass a general
emancipation law than to direct how Broadway shall be
paved; and without intending to impeach the motives of
others, I must take the liberty to say that I would regard
such a law as a most wicked and detestable act of usurpation—
an act that would inevitably and properly sever the Union
and necessarily result in bloodshed and national calamity.
“It seems to me, moreover, inconsistent with Christian
sincerity and plain dealing for our societies to profess in their
constitution a belief in great and important principles, and
to promise to regulate their measures in accordance with
those principles, and at the same time to retain in communion
with them and elevate to office men who openly repudiate
and ridicule those principles and avow a wish to introduce a
Course of action utterly repugnant.
DIFFERENCES AMONG ABOLITIONISTS. 97
“On discovering from the proceedings of last May that the
American Society and its auxiliaries no longer considered
their avowed principles binding on their members, but that
they might be treated with insult and ridicule without incur-
ring a loss of either confidence or office, and that in the bosom
of the Society opinions were entertained utterly at variance
with public and solemn professions, and in their practical
consequences hostile to the welfare of the country and incon-
sistent with the oath I had taken to support the Constitution
of the United States, I deemed it my duty no longer to share
in the responsibilities of their measures. I have not since
taken part in the meeting of any antislavery society, and the
recklessness with which the pledge given by myself and other
officers of the Society has been falsified, warns me to be cau-
tious how I again become identified with the promises and
declarations of these associations. These considerations in-
duce me very respectfully to decline your kind invitation.
“My attachment to the cause of abolition, and to the
principles avowed in the constitution of the American Society,
was never stronger than at this moment; and I shall ever
regard it a duty and a privilege to labour for the abolition of
slavery in every manner consistent with propriety and my
moral and political obligations.
“Although my confidence in the integrity and singleness
of purpose of antislavery Societies is weakened, I have not the
most distant wish to interrupt their harmony or impede their
usefulness. I have thus, sir, frankly but with much pain
stated my sentiments. These sentiments I have no desire to
conceal or to obtrude upon others; and you are at liberty to
suppress this letter or make any use of it you may think
proper.”
The annual meeting of the Connecticut Antislavery
Society was held at New Haven in May, 1840, com-
98 WILLIAM JAY.
mencing on the 20th. The society considered this
meeting to be of vital importance to the prosperity
of the cause in that State on account of the Legis-
lature being in Session there at that time, many of
the members of which were expected to attend.
In April Judge Jay received an invitation from
the Committee of Arrangements to deliver an address
on the “Action of the Federal Government in Behalf
of Slavery,” on which subject the Committee felt
convinced that Judge Jay could “give the Society as
well as our legislators some valuable information.”
Other engagements compelled Judge Jay to decline
the invitation. In his letter to the Committee of
Arrangements informing them of his inability to
comply with their request, Judge Jay assured them
that the interest he had theretofore professed to feel
in the antislavery cause had suffered no diminution;
and his conviction of the truth of the great principles
set forth in the constitution of the American Society
had, if possible, grown stronger from continued re-
flection and observation; but as to the singleness of
purpose and the efficiency and integrity of the pres-
ent antislavery organization his opinion had under-
gone a change.
“In joining the organization,” he wrote, “I had good
cause to believe that I would not be called upon to co-operate
with men who condemned any of its avowed principles, or
with men who would seek to render it an instrument for
promoting other objects than the abolition of slavery.
“One of the principles laid down in the constitution of
DIFFERENCES AMONG ABOLITIONISTS. 99
the American Society, and a most important one as limiting
its operations, is that by the Constitution of the United
States Congress has no right to legislate for the abolition of
slavery in the several States in which it exists. Yet a gentle-
man was in 1838 chosen by the society one of its officers
after having both in print and in the presence of the society
denied this doctrine and contended that it was the duty of
abolitionists to petition Congress to pass a law for the im-
mediate emancipation of all the slaves in the United States.
The expulsion of this gentleman from the Society was in my
opinion required by the respect it owed itself, and by the
good faith it owed both to the public and to its members.
The course pursued was an emphatic declaration on the part
of the society that its professed principles, however useful
they might be in conciliating public confidence and in ac-
quiring funds, were by no means binding on its members.
Having sworn to support the Constitution of the United
States, and regarding the proposed mode of emancipation a
most palpable violation of it, and seeing that the avowed
principles of the Society were in fact no security for its con-
formity to them in its conduct, I then determined never
again to take a part in its meetings or in those of its auxil-
iaries. Subsequent events have given me no cause to regret
this determination.
“One of the great objects for which the American Society
was avowedly formed was to effect the abolition of slavery in
the District of Columbia and of the American slave-trade by
Congressional legislation. Yet men belonging to the society,
and even some of its officers, are now publicly maintaining
that all compulsory laws are sinful, and of course that it
would be a usurpation of the divine prerogative for Congress
to suppress by penal law the abomination of slavery in the
capital of the republic, and the nefarious traffic in human
100 WILLIAM JAY.
to
:
flesh of which the capital is the great depot. I cannot as an
abolitionist act with those who reprobate all enactments, not
merely for the abolition of slavery where it exists, but even
for preventing its re-establishment on soil from which it has
been extirpated; and also for protecting the poor coloured
man, his wife, and children from the merciless kidnapper.
“Certainly the founders of the society did not intend to
effect by it any alteration in the social relations of the sexes;
and not the most distant hint of such a design can be found
in the Constitution; yet it is in vain to deny that an attempt
is now making to render antislavery societies instrumental in
advancing certain theories respecting the rights of women.
“The American Society was intended as a central organi-
zation by which the contributions and efforts of abolitionists
were to be concentrated and directed; and for some years
it discharged its functions with wonderful zeal, energy, and
success. But at last the managers of certain local societies
imagined that the vitality of the extremities of the system
would be quickened by arresting the pulsations of the heart;
and accordingly measures were adopted, and with perfect suc-
cess, to paralyze the parent institution.
“For a while abolitionists exhibited a pattern of Christian
and disinterested benevolence in behalf of the oppressed
which commanded the secret admiration even of their ene-
mies, and conciliated the favour of the good. Latterly a strong
desire has been evinced to change the antislavery enterprise
from a religious into a political one, and a scramble for the
loaves and fishes has already commenced.
“ Unwilling to take a part in the bitter feuds which now
divide abolitionists, and not choosing to assume any responsi-
bility for principles and measures I cannot approve, I deem
it most consistent with my obligations as a Christian and a
citizen to absent myself from an arena in which I can do no
THE WOMAN QUESTION. 101
good and in which I can no longer appear without being
engaged in unprofitable conflict. But most cheerfully will I
again enlist in a new antislavery organization (if any such can
be devised) that will offer a fair promise of avoiding the
errors which have destroyed the efficiency and moral character
of the present. -
“I beg you to be assured that in the preceding remarks I
have had no particular reference to the Connecticut Society,
not being aware that it is open to censure.
“I have no desire either to conceal or to obtrude my
opinions respecting the existing state of the antislavery
enterprise, but I deemed it due to myself to state frankly
and without reserve the considerations which induce me to
pursue a course apparently at variance with my former public
windication of the American Antislavery Society.”
Among abolitionists there was a great diversity of
opinion as to whether women should be admitted to
membership in antislavery Societies and permitted to
hold office and generally to enjoy the same privileges
as men. This question was the cause of much
feeling and was destined to create an unfortunate
division in the antislavery ranks. -
The subject was first voted upon in the New Eng-
land Society, where, in 1838, it was resolved to per-
mit all persons, whether men or women, who agreed
with them on the subject of slavery to participate in
the meetings as members. An attempt having been
made in vain to rescind this vote, a protest was
drawn up by Amos R. Phelps, Charles T. Torrey, and
five others, disclaiming all responsibility for it, and
102 WILLIAM JAY.
denouncing the action of the society as injurious
to the cause of the slave by connecting with it an
entirely foreign subject and by establishing a danger-
Ous precedent.
At the sixth annual meeting of the American Anti-
slavery Society, held in New York, May 7, 1839, it
was voted, 180 ayes to 140 nays, “that the roll of
the convention be made up by placing upon it the
names of all persons, male or female, who are dele-
gated from any auxiliary Society, or members of this
society.”
The seventh annual meeting of the American
Society was fixed for the 12th of May, 1840. It was
generally realized that on this occasion a definitive
settlement of the Woman question would be made.
The board of managers of the Massachusetts Society
made strenuous efforts to insure a large attendance
of members sharing their views. A large steamboat
was chartered which conveyed Garrison and his
party to New York, and it was soon manifest that
they had mustered a majority sufficient to carry
their point. º
Arthur Tappan, the president of the society,
anticipating “a recurrence of the scenes witnessed
last year, and resolved not to be found contending
with his abolition brethren,” did not attend the meet-
ing, and Francis Jackson presided in his place.
Among the persons nominated by the chairman as a
business committee was Miss Abby Kelley. After
a long and exciting debate Miss Kelley was elected
THE SCHISM, 103
by a vote of 557 to 451. Immediately after the result
was announced, Lewis Tappan, Charles W. Denison,
and Amos Phelps, members of the business com-
mittee, asked to be excused from serving upon it.
After the meeting had adjourned those members
who had voted against the admission of women met
and Organized a new society under the name of the
“American and Foreign Antislavery Society.” Arthur
Tappan was chosen president, James G. Birney and
Henry B. Stanton, secretaries, and Lewis Tappan,
treasurer. The Executive Committee was composed
of Gerrit Smith, Judge Jay, John G. Whittier,
Joshua Leavitt, and other leading abolitionists.
On June 1st Judge Jay wrote a note to Mr. J. C.
Jackson, the recording secretary of the American
Antislavery Society, asking that his name be stricken
from the roll as a member. In stating his reasons
for resigning, he said that the proceedings at the late
meeting of the society had convinced him that the
institution was being used, by those who had recently
acquired control of it, as an instrument for advanc-
ing the doctrine of the equality of the sexes in all the
relations of life. “Married women without their
husbands,” he said, “were associated with men in
the Executive Committee—a committee to which is
confided the management of the society, and whose
meetings have hitherto been, and will probably con-
tinue to be, both frequent and private.”
The principle thus officially avowed by the society
Judge Jay declared had not the remotest connection
104 WILLIAM JAY.
with the true objects for which the society was
formed, nor was it sanctioned by the constitution.
“However grievous some women may find the yoke
imposed upon them by the opinions usually enter-
tained on the subject,” he continued, “that is not the
yoke which abolitionists associated to break.” The
claims now set up by the Society in regard to “the
rights of Women” appeared to him necessarily to
involve their participation in the sacred ministry,
their exercise of the elective franchise, and their
entire independence in the conjugal relation. Irre-
spective of the soundness of these claims, it did not
appear by what right the society called upon its
members to support them. Judge Jay contended
that “any association for the professed purpose of
abolishing negro slavery may with as much pro-
priety prescribe the form of baptism and the Lord's
Supper as it may insist that women are authorized
to administer these ordinances.” Fully convinced
that the society as thus managed was exerting an
influence not only very injurious to the antislavery
cause, but contrary to domestic order and happiness
and inconsistent with the precepts of the Gospel,
Judge Jay deemed it his duty to sever his connection
With it. -
In our time, when the admission of women to
participation in nearly every form of activity is
universally accepted, it may seem extraordinary that
the American Antislavery Society should have
divided upon such an issue. But what is now a
THE SCHISM, 105
familiar custom was then a strange doctrine, the con-
sequences of which were unknown and were dreaded
by conservative people. The abolitionists whose
votes admitted women to equal rights with men con-
tended that women were among the most useful and
influential workers for the cause and that they should
have a corresponding position in the councils of the
party. It was denied that active participation in the
meetings of the societies was inappropriate to their
sex. On the other hand, it was believed by many
persons earnestly and usefully engaged in the cause
of emancipation that the antislavery society should
pursue its end unimpeded and undisturbed by out-
side issues. The emancipation of woman might be
a highly desirable reform, but it should be sought
separately from the emancipation of the negro. An
individual should be allowed to labour for the slave
without being forced to support untried theories
regarding woman's rights and the sinfulness of
human government.
At this period Judge Jay was especially active
with his pen. In 1839 was published his “View of
the Action of the Federal Government in Behalf of
Slavery.” This work was the first effective exposure
of the manner in which the United States Govern-
ment had been used for many years by pro-slavery
statesmen to carry out their own ends. Judge Jay
showed the shameful position in which the National
Government had been placed before the nations of
the World when the President and his diplomatic

106 WILLIAM JAY.
representatives were forced by the Slave Power to
demand the return of fugitive slaves and compensa-
tion for their loss when shipwreck had allowed them
to attain liberty on a foreign shore; when the armies
of the United States were sent to Florida at enor-
mous expense to capture alleged runaway private
property; when the power of the Government was
strained to prevent abolition in Cuba and to intro-
duce slavery into Texas. The efforts to suppress the
right of petition and freedom of debate in Congress
were thoroughly described. An account, humiliating
to every American, was given of the condition of
the national capital itself, converted by the fostering
protection of the United States Government into the
chief slave-market of the Union.
Judge Jay's next publication was entitled, “On the
Condition of Free People of Colour in the United
States.” He showed that they were denied the right to
the franchise, to liberty of locomotion, to the lowest
employment in the public service; that their educa-
tion was impeded almost to prohibition and that even
their industry was hampered by cruel restrictions.
Worst of all, they might at any time be seized and
sold into slavery without recourse to law. In 1840
appeared his pamphlet on “The Violation by the
House of Representatives of the Right of Petition.”
These Writings had a wide circulation among persons
not reached by the ordinary antislavery literature,
and their influence was highly beneficial.
Although the woman question was the Ostensible
THE LIBERTY PARTY. 107
cause of the schism of 1840, there were several other
differences which tended quite as much to divide
the abolition camp. While the Garrison party con-
tinued to depend solely upon moral agitation and
opposed all political effort, a numerous and powerful
body in the antislavery ranks began to look to the
ballot-box as the instrument of reform. In 1840,
under the leadership of Gerrit Smith, Alvan Stewart,
Myron Holley, Elizur Wright, Joshua Leavitt, and
William Goodell, a convention at Albany organized
the Liberty party by the nomination of James G.
Birney, of Kentucky, for President, and of Thomas
Earle, of Pennsylvania, for Vice-President. Out of a
total of about two and a half million votes cast at
this election, the candidates of the Liberty party re-
ceived a little over seven thousand. W. H. Harrison,
the Whig candidate, defeated his democratic oppo-
ment, Martin Van Buren. Although the abolition vote
was not large, it gave the party great encouragement,
and an address was issued congratulating the friends
of the slave that a new power to overthrow slavery
had been found in “the terse literature of the ballot-
box.”
Judge Jay's attitude towards the formation of the
Liberty party appears in a correspondence which
took place between him and Gerrit Smith in July,
1840. “I suppose you have come, as well as myself,”
wrote Smith, “to the conclusion that whilst American
slavery exists our national political parties will be
essentially and irrevocably pro-slavery parties, and
108 WILLIAM JAY.
that abolitionists cannot, therefore, vote consistently
for the candidates of Such parties. If you have come
to this conclusion, you of course admit that we are
under the necessity of designating our own candi-
dates for law-makers and that the object of the Free-
man's State Convention to be held in Syracuse the
first Wednesday in August is proper. Now, when we
come together in that convention there is one thing
which, next to the blessing of Heaven, we shall need
far more than any other. I mean your consent that
we shall put you in nomination for governor. Will
you enable me to insure the convention of that con-
sent? If you will, you will in so doing render a very
great service to our holy cause—a service which I
see not how we can well dispense with. If there be
anything selfish in your heart, We have, of course,
nothing to address to it. We do not expect to elect
you, and we are well aware that your nomination
would expose you to pro-slavery ridicule and hatred.
If you give your consent to the nomination, We
know that such consent must proceed from your dis-
interested and self-sacrificing love for the antislavery
cause. Do, my dear sir, give us your name; we can
rally about it those who will be dead to the power of
any other name.”
To this strong appeal Jay gave the following
reply:
“I was last evening favoured with your letter of the 20th
inst. asking me to consent to be the abolition candidate for
governor at the ensuing election. The request implies a
THE LIBERTY PARTY. 109
confidence in the strength and sincerity of my attachment
for the abolition cause that demands my acknowledgments.
I cannot now embrace the opportunity afforded by your letter
of entering at large into the question of a distinct abolition
party; but justice to myself and respect for you induce me to
mention some general principles which I think applicable to
the present case.
“An abolition political party supposes a union for the
election of rulers without regard to the sentiments of the
associates or their candidates on any other subject than that
of slavery. Of course the party and the rulers elected by
them may have the most opposite and irreconcilable opinions
on every topic but one of local and national interest; yet it
is supposed such discordant materials will form one homo-
geneous mass. Abolitionists give but little promise of such
wonderful unity in the future. I doubt the practicability of
forming such a party; and I moreover question whether such
a party would be consistent with our obligations as citizens. .
It is evident that this party could effect its professed object,
the abolition of slavery, only in a course of years, and in the
meantime it is to neglect and disregard every other interest.
The party as such can have no opinion and exert no influence
either in elections or elsewhere in relation to the trade, the
finances, internal improvements, foreign affairs, or the mili-
tary power of the nation, and no inquiry is to be allowed
into the opinions of candidates on these most important topics.
“I fear the very attempt to form such a party will prove
injurious to the antislavery cause. It excites dissensions
among ourselves. On this point I will not enlarge. It will
present in its results a false and disheartening estimate of the
number of abolitionists; because as many antislavery men
will refuse to support the abolition candidates, the canvass
will represent us as far less numerous than we really are.
110 WILLIAM JAY.
Moreover, the abolitionists who are thus called out of the
political parties can of course exercise no more influence in
them. We are depriving the parties of the little salt that
keeps them from utter putrefaction. Had the whig aboli-
tionists in the last Legislature been nominated by an aboli-
tionist party they would not have been elected and we should
not now have the glorious and blessed jury law.
“I have never approved under present circumstances of
any further organized interference by abolitionists with elec-
tions than the official questioning of candidates. Under that
system every abolitionist might exert a powerful influence
merely by withholding his vote, without giving his suffrage
for one to whom he was politically opposed. The experiment
failed, but by whose fault? Seward and Bradish, Marcy and
Tracy, dealt frankly with us. Yet abolitionists made but
little difference between the friends and foes. Had Bradish
had 20,000 votes more than Seward the conversion of our
politicians to abolition would have been general and instan-
taneous, and slavery would have received an irremediable
wound. And can we believe that if abolitionists would not
then refrain from voting for the party, they will now consent
to vote against it?
“I am very far from thinking that it can never be right
and proper to set up abolition candidates without regard to
party preferences. Had the question of emancipation been
almost equally poised in the British Parliament it would have
been patriotic to turn the Scale by a temporary abandonment
of the contested objects and the election of antislavery mem-
bers. And so also I can readily conceive of circumstances in
which it may be the duty of the abolitionists of a particular
State or district to suspend for a time their labours for the
slave in order to unite with the friends of temperance to
carry Some great point. But taking into consideration the
THE LIBERTY PARTY. 111
existing circumstances of the antislavery cause, I am not clear
that the formation of an abolition political party, disregard-
ing all the other interests of the country, is consistent with
either duty or policy, and of course it becomes me to decline
the request with which you have honoured me. May God
enlighten and direct us, and when we cannot think alike
may He give us the graces of meekness and charity.”
CHAPTER VI.
JUDGE JAY CONTINUEs To suPPORT THE ANTISLAVERY
CAUSE BY HIS ADVICE AND WEITINGS.—IN CONSEQUENCE
OF HIS OPINIONS HE IS DEPRIVED OF ELIS SEAT ON
THE BENCEI.—HIS VISIT TO EUROPE.-HIS VIEWS ON
THE LIBERTY PARTY.—ON THE ANNEXATION OF TEXAS.
—HIS “REVIEW OF THE MEXICAN WAR.”—HIS ADVO-
CACY OF INTERNATIONAL ARBITRATION AS A REMEDY
FOR, WAR.—HIS WORK IN THE EPISCOPAL CHURCH.
AFTER the division in the ranks of the antislavery
societies in 1840, Judge Jay ceased to take an active
part in their proceedings, preferring to support the
cause independently by his writings. But he was
continually applied to by the Societies to assist them
by his advice, to give legal opinions on the positions
which they wished to take, and to prepare documents
which required special judgment and ability.
In April, 1842, Jay prepared an address to the
British Antislavery Society, at the request of Mrs.
Lydia Maria Child, who wrote on behalf of the
American Antislavery Society. A little later, again
by request of Mrs. Child, he gave a legal opinion on
the advisability of carrying to the Supreme Court
the cases of three men who had been condemned in
112
POLICY OF ANTISLAVERY SOCIETIES. 113
Missouri to twelve years' imprisonment for aiding
slaves to escape.
He continued his membership in the American and
Foreign Antislavery Society in New York. Here he
laboured unceasingly to keep the Society fast to its
declared purpose, and to prevent it from adding new
doctrines and objects which he believed must result
in further divisions injurious to the cause.
In April, 1841, he wrote on this subject to Lewis
Tappan:
“I am glad the society will not be concerned in establish-
ing a missionary station in Africa. The great vice of our
antislavery societies has been, and is, meddling with things
they have no right to meddle with, and this they have done
on a most vicious principle, that the end Sanctifies the means.
In general, abolitionists mean well; but they grievously mis-
take when they think themselves authorized to pursue, in
their associated capacity, whatever benevolent or religious
plan they individually approve. They unite for certain
specified purposes, and receive money expressly to forward
those purposes; and to employ their associated influence or
their common funds for other distinct purposes is not, in
my opinion, consistent with strict morality.”
In August, 1841, Judge Jay was requested by the
Executive Committee of the American and Foreign
Antislavery Society to allow his name to be an-
nounced as a regular contributor to the society's
Organ, the Reporter. He took this opportunity to
repeat his warnings against the departure of the
abolitionists from the line of action which they had
114 WILLIAM JAY.
marked out for themselves in the early days of the
agitation.
“As an abolitionist I have deeply deplored the dissensions
which have marred our harmony and almost annihilated our
moral influence; and I have constantly and resolutely ab-
stained, as far as my sense of duty would permit me, from
aggravating those dissensions by partaking in them. The
obvious tendency of the announcement contemplated by your
resolution is to impress the public with the belief that the
gentlemen who are held forth as the future contributors to
the Reporter maintain the principles and approve the course
of that paper. Such an impression, so far as regards myself,
would be most strictly accurate were the principles and
course of the paper to continue such as they have hitherto
been. To the American and Foreign Antislavery Society I
did fondly look as a refuge for such abolitionists as had been
expelled from the old society by the faithlessness of those who
converted it into an instrument for spreading other than
antislavery doctrines. I did, notwithstanding past experience,
regard the constitution of the new society as affording a
guarantee that its members would not be required to support
any other principles and measures than such as were indicated
in that instrument. In consequence of this belief I did not
decline office in the society, and I aided in defraying the ex-
penses and in filling the columns of the Reporter. The paper
was conducted with ability and honesty, promised to exert a
happy influence in restoring peace and harmony to our ranks.
The society was pledged by its constitution ‘ carefully to ab-
stain from all the machinery of party political arrangements
in effecting the objects,” and the Reporter faithfully con-
formed itself to this pledge. But in the very last number we
are informed that at the last meeting a vote of the Society,
POLICY OF ANTISLA VERY SOCIETIES. 115
“nearly unanimous,” was taken in favour of striking this
pledge from the constitution, but that inasmuch as the notice
required by Article X. had not been given, the amendment
was not constitutionally adopted. The pledge is therefore
virtually, although not formally, withdrawn; and we have
every reason to believe that at the next meeting it will be
expunged from the constitution. It is therefore obvious that
the Society, instead of being a rallying point for abolitionists,
is henceforth to be a mere partisan Organization, excluding
from its fellowship multitudes of honest, zealous, and con-
sistent abolitionists because they cannot adopt the maxim
now promulgated in certain quarters, that the friends of
immediate emancipation should labour to Secure for them-
selves all the loaves and fishes in the gift of the republic—
the power and emoluments of every office, from that of Presi-
dent of the United States to that of Path Master of a ward
district. The vote of the society just mentioned is tanta-
mount to a declaration that it will as soon as possible employ
all the machinery of party political arrangement for the ex-
clusive elevation of abolitionists to political power. This
is not an object for which I have associated with aboli-
tionists, nor is it one in which I intend to co-operate with
them. But the Reporter, I am bound to believe, will be used
as an instrument to effect this object, because I am bound to
believe that the official organ of the society will not fail to
advocate and pursue its avowed policy. Hence I cannot and
ought not to give it in advance my confidence and counte-
nance by complying with the request with which you have
honoured me.
“I have thus frankly stated my sentiments without intend-
ing to impeach the motives of others, and without meaning
to assume a hostile attitude towards the friends and support-
ers of what is denominated the Third party. With that
116 WILLIAM JAY.
party I cannot conscientiously and consistently unite, but I
have purposely abstained from publicly mingling in the con-
troversies to which it has given rise, and I have now expressed
my dissent from it only because I could not otherwise explain
my refusal of your polite invitation.
“In justice to myself, permit me to remark that my
Opinions on slavery and abolition have undergone no change,
and that every principle I have ever avowed as an abolition-
ist is still cherished by me with no other difference than
possibly a stronger conviction than formerly of its truth and
importance.
“That we may all be guided by wisdom from above and
be enabled not merely to break the bonds of the slaves, but
in our conduct to adorn our Christian profession, is my fer-
vent Wish.”
The antislavery societies, by the admission into
their proceedings of projected reforms having no con-
nection with their ostensible object, had gradually
become divided and weakened. Jay had protested
unceasingly against this course, but the tendency
had been irresistible. “Our antislavery societies,”
he wrote in 1846, “are, for the most part, virtually
defunct. Antislavery conventions are whatever the
leaders present happen to be; sometimes disgustingly
irreligious, and very often Jacobinical and disorgan-
izing; and frequently proscriptive of such of their
brethren who will not consent to render abolition a
mere instrument for effecting certain political changes
having no relation whatever to slavery.”
The antislavery societies had accomplished the
noble and seemingly hopeless task of arousing the
THE LIBERTY PARTY. 117
national conscience from its lethargy. Their labours
had started and given irresistible impulse to a move-
ment on behalf of the slave which was not to rest
until emancipation was attained. But the active
Conduct of this movement was now passing from
their hands into the domain of politics. The contest
had become a national issue, to be fought out in
legislative halls and to be determined at the polls.
In August, 1843, the national convention of the
Liberty party was held at Buffalo. This convention
was more largely attended than the first, every free
State excepting New Hampshire having sent dele-
gates. James G. Birney was again nominated for
President, and Thomas Morris, of Ohio, for Vice-
President. The canvass was carried on with great
vigour and spirit. The Birney vote in 1843 showed
a large increase, amounting to 60,000. It caused the
election of Polk and gave to the abolitionists the
balance of power in New York and Michigan.
Judge Jay had never considered himself as belong-
ing to either the Whig or the Democratic party. He
believed that his judicial position should debar him
from active partisanship. Above all, his disapproval
of the policy adopted by both political parties towards
the slavery question disinclined him to be a member
of either. His attitude towards the Liberty party,
on its formation in 1840, was set forth in the letter
written to Gerrit Smith declining the nomination
for governor, which was quoted at length in the last
chapter. Judge Jay then doubted the expediency of
118 WILLIAM JAY.
a separate political party making abolition its article
of faith and test of membership. But as events pro-
ceeded, as both the great parties seemed irrevocably
pledged to the support of slavery, above all, as both
favoured the annexation of Texas, Jay became a pro-
nounced and active member of the Liberty party.
He viewed the annexation proceedings with horror,
as the death-knell of emancipation and as a scheme
of wicked injustice which must react injuriously
upon the whole nation. In March, 1843, he wrote to
Dr. H. J. Bowditch, of Boston : “The full and entire
triumph of the antislavery cause is near and certain,
provided that Texas is kept out of the Union. On
this point are centred all my fears. I am not dis-
heartened by the corruption of politicians, nor the
deathlike apathy of the community, so long as we
remain independent of the renegade republic. Give
us time and we can arouse the community from its
stupor, we can change public opinion, and politicians
will bellow aloud for abolition the moment they find
it popular. The danger is that before this change is
effected the slaveholders will demand the annexation
of Texas as the price of the presidency and that one
or more of the candidates will consent to pay it.”
When Birney was nominated in 1843, Jay wrote to
Gerrit Smith: “I congratulate you upon this result.
Birney is a man for whom Christians and patriots can
consistently vote. He shall have my cordial support.
In my opinion, the selection is creditable to the Lib-
THE LIBERTY PARTY. 119
erty party, and if it continues to give us candidates
of this character, it will be a blessing to our country
. . . To that party I shall be true so far, and so far
only, as it shall be true to itself. May God direct its
measures for the protection of our own rights and
for the ultimate liberation of the slave.”
Judge Jay was as anxious that the Liberty party
should keep faithfully to its antislavery purpose as
he had been in the case of the antislavery societies. He
believed that the party must end in failure if it allowed
extraneous and dividing policies to be admitted to its
platform. On this subject he wrote in September,
1845, to Henry B. Stanton, who had invited him to a
convention in Boston:
“Notwithstanding the annexation of Texas, great good may
result from the Liberty party, provided it be faithful to itself,
and be wisely conducted. Hence I am distressed by whatever
threatens to impair its integrity and usefulness. You are not
ignorant, I presume, of the strenuous efforts now making to
change its character and to convert it from an antislavery
party into one for matters and things in general.
“It is proposed by men of talents, energy, and influence
that the party shall in future maintain:
“That the Federal Government has the Constitutional
power to abolish slavery in the States.
“That the clergy shall be subject to all the burdens and
enjoy all the privileges of other citizens. This is aimed at the
clergy of New York who are not eligible to office, but ex-
empted, to a great extent, from taxation. No man is here-
after to be acknowledged to belong to the Liberty party unless
120 WILLIAM JAY.
he objects to the State showing any indulgence to the minis-
ters of religion. They must be enrolled in the militia, and,
like others, called out to work on the highway.
“That custom-houses be abolished, and with them all pro-
tective duties.
“That the salaries of the President and Congressmen be re-
duced.
“That the legal profession is a privileged caste and should
be abolished.
“That the public lands be given away.
“That all monopolies, by which I understand incorporated
companies, banks, railroads, etc., be abolished.
“That women should exercise the right of suffrage and be
eligible to office, etc., etc., etc.
“It is needless to say that if these tests of membership of
the Liberty party be adopted, we shall drive from us all whose
judgment or whose consciences revolt at them, while those
who remain in the party will regard the removal of slavery as
a very subordinate object of their labours. My purpose of
troubling you with this letter is to suggest to you the expe-
diency of the convention adopting a resolution in which, with-
out alluding to the efforts making to change the character of
the party, it shall declare that the sole objects of the party are
the abolition of slavery, the deliverance of the Federal Govern-
ment from its influence, and the elevation of the coloured race
to equal rights with the whites ; and inviting all who approve
of those objects to co-operate with us, whatever may be their
opinion on questions of State or national policy.”
At the Liberty party convention held at Newburg
in October, 1845, Judge Jay was unanimously nom-
inated as a candidate for Senator. In his letter
THE LIBERTY PARTY. 121
accepting the nomination, he took occasion again to
urge the exclusion of irrelevant subjects from the
platform of the party.
“Recent circumstances induce me to accompany my ac-
ceptance of this nomination with some remarks. Attempts
are making to render the Liberty party subservient to other
objects than the overthrow of slavery and the elevation of
the coloured people. To these attempts I can lend no aid.
While I most explicitly accord to every abolitionist the right
of expressing his own opinions on every political and religious
Subject, I as explicitly deny the right, and shall strenuously
resist the attempt, to make me and other members responsible
for opinions not necessarily involved in the great objects for
the attainment of which the party was formed. In the pur-
suit of those objects I will cordially and honestly co-operate
with others from whose sentiments I dissent; but I cannot
co-operate with them in promoting religious and political
changes which I believe to be wrong, in order to increase the
influence and hasten the triumph of the Liberty party. To
do so would be to act upon the principle, as wicked and
detestable as slavery itself, that the end justifies the means.
The fact that many good men who unite in abhorrence of
slavery entertain conflicting views of the expediency and
morality of various proposed reforms seems to me a sufficient
reason why the Liberty party should not permit itself to be
distracted by the other questions which agitate the commu-
nity, and which in truth are of but little moment compared
with the great evil with which we are struggling.”
In 1846 Jay wrote again on this subject : “I shall
leave the Liberty party whenever it makes abolition
122 WILLIAM JAY.
a pack-horse to carry favourite measures unconnected
With slavery, whether those measures are of whig or
democratic origin.”
Early in the year 1843 the antislavery opinions
and labours of Judge Jay caused the loss of his seat
On the bench of Westchester County, which he had
occupied for more than twenty-five years with such
general approval as to cause his steady reappointment
term after term by governors of the State who were
his political opponents. The circumstances of his re-
moval are described in a letter which he wrote to
Mr. Minot Mitchell, in May, 1843:
“I thank you for your friendly letter in relation to my re-
moval from the bench. The loss of an office which I had
held for about a quarter of a century (and which I had con-
templated resigning in the course of the present year) is not
a matter of personal regret. My motive in holding for so
long a time a situation which subjected me to no little in-
convenience and yielded no emolument was a desire to be
useful, and a belief that I could exert on the bench a whole-
some moral influence. How far that belief was well founded
is for others to decide. To myself, it is grateful to know that
my official conduct, whatever mistakes I may have made, has
been pure, unbiased by personal partialities, and uninfluenced
by any fear except that of my Maker.
“To the gentlemen of the Westchester bar generally, as
well as to yourself in particular, I am deeply indebted for the
uniform kindness and courtesy with which I have been treated;
and had I known at the December term that we were not to
meet again, I would have embraced the opportunity of pub-
licly acknowledging my obligations to them, and of bidding
them an affectionate farewell.
REMOVAL FROM OFFICE. 123
“Under the circumstances of the case, it would be an af-
fectation of humility to ascribe my loss of office to any dis-
Satisfaction with my official conduct on the part of the bar or
the public. The New York Plebeian, amid all its vituperative
clamour for my dismissal, does not even hint a charge against
me as a judge, and the editor of the Westchester Herald, not-
withstanding his blind devotion to his party, bears a flattering
testimony to my ability as a “jurist,’ and admits that my
‘moral worth’ is not questioned, as he believes, ‘by any man
in the country.”
“Nor have I been proscribed on account of my political
opinions. Those opinions belong to the old Washington
School—I have never concealed them ; and they are the same
now as they were when I received office from Governors Tomp-
kins, Clinton, Throop, and Marcy, and when President Jack-
son tendered to me an important and lucrative appoint-
ment.
“For twenty years or more I have had no connection with
party politics, and have attended no party meeting. It ap-
peared to me unbecoming a judge to be a political partisan;
and I, moreover, observed so much profligacy, venality, and
hypocritical profession in both parties, that I could not con-
scientiously identify myself with either. I have for years
voted for those I believed to be the most honest of the can-
didates offered for my suffrage, without regard to the party
dogmas they professed.
“That the people of Westchester had lost their confidence
in me and wished me to descend from the bench is not pre-
tended. On the contrary, I have the most abundant and
gratifying proofs of the correctness of your remark, that my
removal has occasioned in the county, with all political par-
ties, unusual dissatisfaction and complaint.
“If, then, my removal has been effected contrary to the
wishes of the county, and not because I lacked in ability or
124 WILLIAM JAY.
integrity, nor even on account of my politics, it becomes a
matter of public interest to inquire with what motives and
with what views the chief magistrate of New York dispenses
the patronage intrusted to him by the constitution for the
good of the State.
“Governor Bouck has, in this instance, as in another far
more important, only acted as the instrument of a faction
which, while prating about equal rights, is ever ready and
eager to barter the welfare, honour, and freedom of the North
for Southern votes.
“You may recollect that previous to my last appointment
I was permitted to hold over for a year after my term of office
had expired. This extraordinary delay in filling a vacancy
on the bench was not the result of accident or inadvertency.
It arose from doubts entertained by the leaders at Albany
whether the party would gain more at the South than it would
lose in Westchester by my removal. Mr. Van Buren was then
a candidate for the presidency, and I was shown a confiden-
tial letter from one of his particular friends at Albany to
an influential democrat of this county, discussing the expe-
diency of my removal. The letter was put into my hands by
the gentleman to whom it was addressed. It was admitted by
the writer that my conduct as a judge was irreproachable, and
that there were no other objections to my reappointment than
my antislavery sentiments. My only fault in the eyes of this
champion of equal rights was that I was opposed to convert-
ing men and women into beasts of burden. Still, he was ap-
prehensive that my removal for such a cause might Savour of
persecution for abstract opinions; in other words, might be
unpopular ; and he wished to know what the party in West-
chester deemed most expedient. After a year’s deliberation
and hesitation, I was reappointed. Mr. Van Buren is again
a candidate, but now he has a Southern democrat for a com-
VOYAGE TO EUROPE. 125
petitor; and his party in the State being so strong that he can
well afford to risk a little dissatisfaction in Westchester, it is
deemed prudent to propitiate the demon of slavery by offering
a victim, however humble, on his altar. The Plebeian, de-
voted to Mr. Van Buren’s election, avowed with unblushing
frankness that my reappointment would be calculated to prej-
udice the Democratic party “in the eyes of our Southern
brethren.’
“Thus, it seems that in order to elevate Mr. Van Buren
to the presidency the magistrates of the free, sovereign, and
independent State of New York are to be selected with refer-
ence to the good pleasure of Southern slaveholders.
“Pardon, my dear sir, the egotism of this letter. I have
been compelled to speak of myself in order to expose the Cant-
ing profligacy of our demagogues, and to illustrate one of the
numberless accursed influences of slavery. This abhorred sys-
tem, which in the South makes merchandise of the Souls and
bodies of men, is at the same time trafficking in the politics,
the religion, and the liberties of the North, and putrefying
whatever it touches. Against this system I have contended,
as did my father before me, and the leisure Governor Bouck
has given me shall be faithfully devoted to a continuance of
the warfare.”
The “leisure” given to him by Governor Bouck had
first to be used by Jay in an attempt to restore his
health, which for several years had been failing. In
the autumn of 1843 he determined upon a visit to
Egypt, and on the 1st of November he sailed from
New York in the “Victoria,” of 1100 tons, accompa-
nied by his wife and his daughters Maria and Augusta.
After a short visit to London, the party sailed from
126 WILLIAM JAY.
Southampton for Malta in the “Great Liverpool” of
the Oriental Line, with passengers and mail bound to
India. At Malta Jay was interested in meeting the
famous wit, Scholar, and diplomatist, John Hookham
Frere, who entertained him at his house outside the
walls of the city.
While in England, Jay had been requested by John
Beaumont, on behalf of the British and Foreign Anti-
slavery Society, to take charge of a quantity of anti-
slavery tracts printed in the Arabic language, and to
insure their distribution. After his arrival in Cairo,
Jay gave packages of the tracts to several persons
whose facilities for distributing them in Egypt were
greater than his own. Others he disposed of himself.
“During the short time I was in Egypt,” he said in
a letter, “I distributed tracts in the slave market, in
the bazaars, in a public coffee-house, in the hotels,
and to persons in the streets.” And he was much
struck with the fact that what he could do peacefully
in Egypt, in a portion of his own country would have
endangered his life.
On his return home, Jay visited Paris, and while
there communicated to the Duc de Broglie the motives
of the Southern statesmen in seeking the annexation
of Texas, and made no secret of his hope that France
would oppose the proceedings.”
* During Judge Jay's absence in Europe a striking anti-annexation
Texas meeting was held at the Tabernacle in New York, on the 24th
of April, 1844. It had been called by members of the King, Duer, Town-
send, Goodhue, Sedgwick, Field, Griswold, and Hyslop families and
many leading merchants of New York. The call was subsequently pre-
ANNEXATION OF TEXAS. 127
The events leading up to the annexation of Texas
and the Mexican War were followed by Jay with the
closest attention. The injustice and cruelty with
which Mexico was treated throughout these proceed-
ings by the United States Government excited his
warmest indignation. He was deeply grieved at
events which seemed to postpone indefinitely the
emancipation of the slaves ; his fears were aroused
for the security of free institutions in the North by
the great impetus given to the Southern spirit of
domination. But above all he felt the disgrace in-
curred by his own country in forcing upon a weak
and friendly power a desolating war for the sole ob-
ject of wresting from it a territory to be peopled by
slaves. The result of Jay's minute knowledge of this
dark page in American history was embodied in a
volume entitled “A Review of the Causes and Conse-
Quences of the Mexican War,” which was published
sented by John Jay to the New York Historical Society, for preserva-
tion in its records. A letter was read from Chancellor Kent denounc-
ing the annexation of Texas without the consent of Mexico as a breach
of national faith which would be universally condemned. Speeches were
made by Theodore Sedgwick and D. D. Field. But the most imposing
feature of the manifestation was the presence in the chair of Albert
Gallatin, the last survivor of Jefferson’s cabinet, who, despite his age
and infirmities, had been carried to the meeting to protest in his own
name and in that of his historic chief against so flagrant a violation of
national honour and public faith. The appeal of Gallatin for a time
promised to be successful. Van Buren, whose views had been doubt-
ful, wrote, under its influence, his letter to Hammett objecting to an-
nexation. But an annexation meeting was held in Richmond to coun-
teract that at New York, and when the Democratic Convention met at
Baltimore an adroit change of policy in regard to nominations dis-
placed Van Buren and nominated Polk.
128 WILLIAM JAY.
in 1849. In this searching “Review” Jay exposed the
parentage of the movement for the acquisition of
Texas in the desire of the South to extend the terri-
tory devoted to slavery, with the twofold object of
creating a new market for slave-breeders and of giv-
ing to the slave States an overwhelming control of
Congress. He traced the devious paths of intrigue by
which a rebellion was fomented in Texas by Ameri-
cans settled there for that express purpose ; the en-
couragement and aid given secretly to the rebels by
the United States; the recognition of their independ-
ence; and finally the subterfuges adopted to achieve
the annexation in violation of international rights
and the Constitution itself. Jay set forth plainly the
fact that hostilities were begun by the United States
troops; he described the military operations by which
a weak and defenceless people were reduced to con-
sent to a dismemberment of their country; he showed
the enormous cost in life and money involved in this
war undertaken to furnish a new market for slaves
and new power to slaveholders. Jay’s “Review of the
Mexican War” is a contribution to the history of the
country which students cannot afford to pass unread.
The views expressed in it are painful to patriotism
for the reason that they are dictated by the pure
patriotism which would make known the whole truth
as a warning to posterity.
The book on the Mexican War was written origi-
nally for the American Peace Society, which had
offered a prize for the best work on the subject. The
THE MEXICAN WAR. 129
committee appointed to pass judgment on the disser-
tations presented in competition awarded the prize to
Jay's book on condition that he should expunge from
it all “general censures on the Whig party.” Jay
refused to comply with this condition and the prize
went to another. But the Peace Society recognized
that the value of Jay's book lay in its impartial char-
acter and caused it to be published as the exposition
of the society's views.
As nearly all the newspapers of both parties had
supported the war, they were loth to notice a book
which placed the object of their encomiums in so un-
pleasant a light. But many private letters were re-
ceived by Jay which showed him that he had the ap-
proval of the best minds. Joshua R. Giddings wrote:
“Thanks be to Him who rules the destiny of nations
that we have among us competent and faithful men
who possess the moral courage to stand forth and
chronicle, in the language of truth, the barbarities of
which the nation is guilty. The history of this age
will speak to those who come after facts which will
cause our descendants to blush. Your “Review of
the Mexican War” is faithful and just. . . . In writ-
ing it you have performed a service to your coun-
try and to mankind infinitely greater than was ever
performed by any military officer.” -
“Every portion of it,” wrote Charles Francis Adams,
“commands my unqualified assent. That in the
course of God's providence good may be ultimately
educed out of evil is the only compensating reflection
130 WILLIAM JAY.
which we can draw from the observation of so much
Wrong. It may be that Out of the very measures so
wickedly devised to sustain a system of crime may
come the means by which it will be overthrown.
That your book will do great service in combining
and perpetuating the evidence bearing upon this
portion of American history, I do not for a moment
doubt. It is my profound conviction that there
never was a more wicked and unjustifiable war, pro-
moted by One party and connived at by the other,
than the late war with Mexico.”
The prevention of war was a subject which had
Occupied the mind of Judge Jay for a number of
years. The result of his reflections was that system
of international arbitration which has become since
his death so efficacious a method of settling inter-
national disputes. A pamphlet entitled “War and
Peace: the Evils of the First and a Plan for Preserv-
ing the Last” was still in manuscript in his desk
when, in 1841, Joseph Sturge, the celebrated English
philanthropist, visited Bedford. Jay read the pam-
phlet to Sturge, who was so much struck by the work
that he embodied a portion of it in a book which
he published on his return to England. The views
of Jay attracted the attention of the English Peace
Society, who published the whole pamphlet in Lon-
don in 1842. Jay's plan for the prevention of war
was exceedingly simple. It provided that a stipula-
tion should be made in every treaty that future inter-
national differences should be referred first to arbitra-
INTERNATIONAL ARBITRATION. 131
tion, to attempt a peaceful settlement. The idea was
heartily approved by Cobden, who wrote to Judge
Jay: “If your government is prepared to insert an
arbitration clause in the pending treaties I am per-
suaded that it will be accepted by our government.”
The scheme of arbitration thus proposed by Jay, and
supported by Joseph Sturge and his friends of the
English Peace Society, was approved by peace con-
gresses held in Brussels in 1848, in Paris in 1849, and
in London in 1851. Having thus attracted general
attention, it was recommended by protocol No. 23 of
the Congress of Paris held in 1856 after the Crimean
War, which protocol was unanimously adopted by
the plenipotentiaries of France, Austria, Great Brit-
ain, Prussia, Russia, Sardinia, and Turkey. These
governments declared their wish that the States
between which any serious misunderstanding might
arise should, before appealing to arms, have recourse,
as far as circumstances might allow, to the good offices
of a friendly power. The honour of the introduction
of this measure in the first Congress belongs to Lord
Clarendon, whose services had been solicited by Joseph
Sturge and Henry Richard. It was subsequently
referred to by Lord Derby as worthy of immortal
honour. Lord Malmsbury pronounced it an act “im-
portant to civilization and to the security of the peace
of Europe.” The protocol was afterwards approved
by all the other powers to which it was referred, more
than forty in number. The plan thus suggested by
Judge Jay for the prevention of war bore fruit during
132 WILLIAM JAY.
his life, and was destined in after-years to become
established in the mind of the civilized world as the
true remedy for the greatest Scourge of nations.”
Judge Jay was an earnest and active member of
the Episcopal Church, but he was never blind to its
imperfections. He deplored as much as any man the
countenance given by the church to slavery, but he
believed that reformation must and would come from
Within. He had no sympathy with the “come-outers.”
Concerning them he wrote in 1846 : “Infidelity is
now vigorously availing itself of the conduct of the
clergy in relation to this subject to assail the blessed
religion of which they are the ministers. A sect is
forming who profess to believe that the church is
SO corrupted by slavery that good men are required
to separate from her. These people call themselves
‘come-outers' Lecturers are enlisted in their ser-
vice, and the clergy, as identified with the cause of
human bondage, are daily held up to public detesta-
tion as heartless hypocrites.” Jay would not deny
the justice with which the attacks on the clergy were
made, and he laboured to place the church where it
belonged, in the front rank of the great humanitarian
movement. To his efforts were largely due the ad-
mission of coloured clergy to the conventions of the
church, and the gradual abolition of that spirit of
caste which prevented a white clergyman from recog-
nizing a black one as fit to deliberate with him on
* The later history of international arbitration is set forth by Sir Lyon
Playfair in the North American Review for December, 1890.
THE EPISCOPAL CHURCH, 133
matters relating to their common religion. To de-
stroy this race hatred, so contrary to the Spirit of
Christianity, and to arouse the church to its duty of
active opposition to slavery, were Jay's constant en-
deavours in the conventions of the church. His pen
also was frequently occupied with the same subject.
His “Letter to Bishop Ives” of North Carolina was a
severe yet just arraignment of clergymen who justi-
tified slavery from the Scriptures, and it exposed the
wickedness of their course in language and with ar-
guments to which they and their sympathizers were
unable to reply.
When a “History of the American Church,” by Sam-
uel Wilberforce, was published in England, there was
naturally in America much curiosity to see the work.
Two American publishers announced their intention
of reprinting it. But time passed and no reprint
appeared. The explanation is given in the words of
Jay : “The author of the ‘History’ in the course of
his work advances certain doctrines on the subject
of “slavery” and of ‘caste in the church’ which it is
thought inconvenient to discuss, and which cannot
be admitted in this republic without sealing the con-
demnation of almost every Christian sect among us
and overwhelming our own church with shame and
confusion. There are, it is to be feared, but few among
Our twelve hundred clergymen who, on reading the
‘History,’ would not find their consciences whispering,
‘Thou art the man,’ and who would not be anxious to
conceal the volume from their parishioners. Hence
134 WILLIAM JAY.
its suppression.” Jay was determined that the truths
regarding the Episcopal Church in America set forth
by the celebrated Dr. Wilberforce should not be quite
unattainable by the clergy and laity especially con-
cerned. In 1846 he caused those passages of the “His-
tory” relating to slavery to be printed, and introduced
them with forcible remarks of his own in the pam-
phlet entitled “A Reproof of the American Church
by the Bishop of Oxford.” :

CEIAPTER VII.
TJNPOPULARITY OF THE ABOLITIONISTS.—TEIE COMPRO-
MISES OF 1850 AND THE FUGITIVE-SLAVE LAW.—JAY'S
REPLY TO WEBSTER'S 7th OF MARCH SPEECH.--THE
ATTITUDE OF THE EPISCOPAL CHURCH.--THE ABROGA-
TION OF THE Missouri COMPROMISE. – DISUNION.
THE prospect was dark for the antislavery cause in
1850. Its friends had increased steadily in numbers
and in earnestness. But the Slave Power had mus-
tered all its forces in an aggressive campaign which
aimed to make slavery a national instead of a local
institution, to introduce it into territory hitherto free,
and to browbeat the North into submission to every
demand of the slaveholder. The compromise meas-
ures adopted this year in Congress—above all, the
Fugitive-Slave Law—marked the successful advance
of arrogant Southern dictation. In the North, the
dislike of antislavery men and the willingness to sat-
isfy the South at the expense of conscience was ex-
pressed in such scenes as the attack of the Rynders
mob on the meeting of the American Antislavery
Society in New York and the passive attitude towards
it adopted by the authorities. Although the plan of
putting down the abolitionists by force had proved
136 WILLIAM JAY.
impracticable, no efforts were spared to make their
lives uncomfortable by the attacks of the press and
by the pressure of social disapproval. “Our politi-
cians,” wrote Jay to Charles Sumner, “may pride
themselves on their adroitness in pandering to popu-
lar prejudices, and in acquiring power and influence
by seasonable changes of opinion and conduct. But,
a day is coming when their motives and actions will
be judged by a very different tribunal than public
opinion, and when a single act of benevolence, a sin-
gle sacrifice of personal consideration to the cause of
truth, Will outweigh a whole life of obsequiousness
and political trickery.
“The truths we advocate are unpalatable to the
two extremes of society. We shock the coarse, Vulgar
prejudices of the rabble, while the disinterested be-
nevolence we profess is to them an enigma to be solved
only by the imputation of fanaticism. At the same
time we disturb the tranquil consciences of the rich,
thwart the calculations of politicans, and interrupt the
harmony subsisting between our merchants and their
Southern customers. Hence the upper classes look
upon us as impertinent and exceedingly ungenteel,
and unfit to move in the higher circles. I cannot tell
how far your personal experience coincides with mine,
but I know whereof I affirm. I have advanced no
ultra-fanatical doctrines in politics or religion. On
the subject of slavery I have but reiterated the opin-
ions of many of the best and greatest men in England
and in our own country. I have advocated no con-
COMPROMISES OF 1850. 137
gressional action except such as Mr. Webster, in his
better days, pronounced constitutional, and I have
condemned all forcible resistance to the Fugitive-
Slave Law. Yet solely on account of my antislavery
efforts, I find myself nearly insulated in society.”
The Compromise measures of 1850 were repulsive
and disheartening to the antislavery men in the North.
And no circumstance connected with them was more
discouraging than the change of front made by Dan-
iel Webster—his abandonment of the Wilmot Proviso
and his concession to the Southern demand for the
extension of slavery into the new territory acquired
by the Mexican War. Webster's speech of the 7th
of March was answered by Judge Jay in a letter to
the Evening Post of March 20th, and was afterwards
published as a pamphlet and widely circulated. In
this letter Jay recalled the eloquent and positive dec-
laration of Webster made in the Senate on August
10, 1848, after New Mexico and California had been
acquired:
“My opposition to the increase of slavery in this country, or
to the increase of slave representation, is general and univer-
sal. It has no reference to the lines of latitude or points of
the compass. I shall oppose all such extension at all times and
under all circumstances, even against all inducements, against
all supposed limitation of great interests, against all combina-
tions, against all compromises.”
These words were contrasted by Jay with Webster's
present excuse for abandoning opposition to the ex-
tension of slavery on the ground that the laws of
138 WILLIAM JAY.
“physical geography” made slavery impossible in the
new territory and to forbid its existence there was
merely “to re-enact the will of God.”
“To what,” asked Jay, “did this solemn, emphatic, unqual-
ified asservation refer? Did he then know that there was a foot
of territory in the United States over which it was morally
and physically impossible to extend slavery? Was he promis-
ing in these impressive terms to oppose what he was conscious
would never be attempted? Did he make this pledge before
his country with a mental reservation to unite hereafter with
General Cass and the slaveholders in denouncing and scorn-
ing the Proviso? Did he mean to deceive his own party? Did
he desire to keep up an angry agitation throughout the nation
for electioneering purposes, and did he thus intimate his be-
lief in the danger of the extension of slavery and slave repre-
sentation, when he well knew that the fiat of the Almighty
had rendered such extension impossible? Was he then ac-
quainted with the law of physical geography which would
render the Proviso “a re-enactment of the will of God?”
And did he purposely conceal the secret of this law in his own
breast, when by revealing it he might have stilled the raging
billows of popular passion which threatened to ingulf the
Tnion? To suppose all this would be to impute to Mr. Web-
ster a degree of trickery and turpitude rarely paralleled even
among politicians. Hence we are bound to assume that the
law of nature on which he now relies is a recent discovery,
subsequent at least to the 10th August, 1848. It is, however,
extraordinary that a gentleman of his acquirements did not
sooner become acquainted with ‘this law of physical geogra-
phy—the law of the formation of the earth, that settles forever,
beyond all terms of human enactment, that slavery cannot
eaist in California or New Mexico.’ It is to be regretted
FIIS REPLY TO WEBSTER, 139
that Mr. Webster did not condescend to demonstrate the exist-
ence of this law and to explain the mode of its operation.
He indeed tells us that our new territories are ‘Asiatic in their
formation and scenery'; but this fact does not prove his law,
since slavery has existed for ages amid the scenery of Asia; it
exists in the deserts of Africa, has existed in every country of
Europe, and now exists in the frozen regions of Russia. This
law, moreover, must have been enacted by the Creator since
1824, or its operation must have been suspended in deference
to the Spanish government; for under that government negro
slavery did exist in California and New Mexico, and it ceased in
1824, not by the ‘law of physical geography,” but by a Mexi-
can edict. Thousands of slaves are employed in the mines of
Brazil, and Mr. Webster does not explain how his law forbids
their employment in the mines of California. . . .
“He pays a sorry compliment to the common sense of the
people in offering to them at the eleventh hour a new and
unheard-of law of ‘physical geography,” together with the
“Asiatic scenery and formation of the conquered territories,
as an eaccuse for violating the faith he had plighted in behalf
of the Proviso. He has shocked the moral sense of a large
portion of the community by giving in advance his Sanction
to the Fugitive-Slave Law, which makes the liberty or bond-
age of a citizen depend on the affidavit of a slaveholder and
the judgment of a post-master—a law which converts sympa-
thy for guiltless misery into crime, and threatens to tenant
our jails with our most estimable men and women. But Mr.
Webster underrates the intelligence and sensibilities of the
masses. Relying on the Southern affinities of our commer-
cial cities, on the subserviency of politicians, on the discipline
of party, and on his own great influence, Mr. Webster looks
down upon the people; but the time is probably not far dis-
tant when the people will cease to look up to him. Parties
140 WILLIAM JAY.
will accept of any leaders who can acquire for them the spoils
of the day, but in the political history of our country the peo-
ple have never placed their affections upon any man in whose
stability and consistency they did not confide.”
To give such assistance as he could to a fugitive
slave had always been regarded by Judge Jay as a
duty. “The slaveholders,” he had written, “with
their accustomed impudence and mendacity, apply
the term theft to the humane and Christian efforts to
assist a slave in escaping from his home of bondage.
In their sense of the expression, I glory in being a
slave-stealer, and I inculcate upon my children the
duty, the Christian duty, of this kind of theft.” He
had sheltered and aided many runaways at his home
at Bedford, and his will contained a bequest of a thou-
sand dollars to be used for this purpose. His son John
gave his services as a lawyer constantly and success-
fully to prevent the return of fugitive slaves.
When the Fugitive-Slave Bill became a law Judge
Jay was applied to by many individuals, Societies, and
periodicals to give his views concerning it. “The
law,” he said in a private letter, “is an outrage upon
the Constitution of Our country and the precepts of
our religion. It is a burlesque on justice and on all
the acknowledged rules of evidence in the trial of is-
sues. The demand it makes upon individual citizens
to aid in hunting and enslaving their fellow-men is
diabolical. I have made up my mind to suffer im-
prisonment and the spoiling of my goods rather than
hazard my soul by rendering any active obedience to
THE FUGITIVE-SLA VE LA W. 141
this sinful law. It is horrible that so many of our
fashionable cotton divines are now preaching up the
Supremacy of human law and virtually dethroning
Him whose ambassadors they profess to be.”
“In my opinion, every Northern slave-catcher is a
base man, and every lawyer who takes reward against
the innocent is a disgrace to a noble profession. I
myself shall offer no forcible resistance against the
execution of this most wicked law, but I trust that,
through the grace of God, I would go to the scaffold
sooner than obey it.”
Concerning the constitutionality of the law, Judge
Jay wrote to Josiah Quincy: “The fugitive-slave
clause in the Constitution is of course obligatory,
but there is a wide distinction between the fugitive-
slave clause and the fugitive-slave law. The Con-
stitution gives no power to Congress to legislate on
the subject, but imposes on the States the obligation
of rendition. Chief-Justice Hornblower, of New York,
and Chancellor Walworth, of New York, long since
pronounced the fugitive law of ’93 unconstitutional
on this very ground.”
The demoralization caused by the execution of the
law was described by Jay in a letter to Gerrit Smith:
“It is scoundrelizing our people. Cruelty and injus-
tice are cultivated as virtues, Christian love and sym-
pathy with human suffering are treated as prejudices
to be conquered, and zeal in hunting slaves is made
the test of patriotism and of fitness for office. But the
most diabolical effect of the law is the competition it
142 WILLIAM JAY.
has excited among our politicians to offer the blood
of their fellow-citizens in exchange for Southern
VOtes.” -
To a committee of free coloured men who asked
Judge Jay's advice regarding the propriety of arm-
ing themselves to prevent being kidnapped under the
law, he said: “Most deeply do I sympathize with you
in your unhappy state. With your wives and chil-
dren, you are now placed at the disposal of any villain
who is ready to perjure himself for the price you will
bring in the human shambles of the South. With less
ceremony and trouble than a man can impound his
neighbour's Ox, you may be metamorphosed from a
citizen of the State of New York into a beast of
burden on a Southern plantation. On leaving your
house in the morning you may be enticed into an-
other, where one of the newly appointed commission-
ers, after reading One affidavit, made a thousand
miles off, and another that you are the person named
in the first, or on the bare oath of the kidnapper him-
self, may inform you, to your amazement and horror,
that you are a slave. The fetters previously prepared
are placed on your limbs, and in a few minutes you
are travelling with railroad velocity to a Southern
market. Never again will you behold your wife and
children, nor will any tidings from them ever reach
your ear. The remainder of your life is to be one
of toil and stripes. . . . Yet,” he continued, “leave, I
beseech you, the pistol and the bowie-knife to South-
ern ruffians and their Northern mercenaries. That
THE FUGITIVE-SLA VE LA W. 143
this law will lead to bloodshed I take for granted,
but let it be the blood of the innocent, not of the
guilty. If anything can arouse the torpid conscience
of the North, it will be our streets stained with human
blood shed by the slave-catchers.”
The Fugitive-Slave Law, in Jay's opinion, was the
natural sequence to the attempt to put down the anti-
slavery movement by force: “For years, most stren-
uous efforts, prompted by commercial and political
views, were made to deprive the opponents of slavery
of their constitutional privileges by lawless violence.
The right of petition was suspended, the freedom of
debate interrupted, the sanctity of the post-office
violated, public meetings dispersed, printing-presses
destroyed, furious mobs excited, churches sacked,
private houses gutted, and even murder perpetrated.
All this violation of rights was regarded with com-
placency by many who had much at stake, so long as
abolitionists alone were the victims. But the spirit
of aggression thus raised and fostered is seeking new
subjects on which to exercise its power. ‘Gentlemen
of property and standing” are now beginning to feel
alarmed about socialism, anti-rentism, agrarianism,
etc. Hence, of late we hear much of the importance
of conservatism, as it is called. The political move-
ments of the last few months seem to indicate that
our landlords and cotton lords and merchant princes
regard an alliance with the aristocracy of the South
as at least in some degree a security against the
violation of vested rights, sequestration of rents, Op-
144 WILLIAM JAY.
pressive taxation, unequal laws, etc. To the influ-
ence of gentlemen of this class the late slave law
owes its passage.
“And is it indeed believed that the rights of the rich
will be protected by familiarizing the populace with
the practice of injustice and cruelty towards the poor?
Will the sight of innocent men seized in our streets and
sent in fetters to till the broad fields of greatlandown-
ers increase the reverence felt for land titles? Is it
wise to give the people practical lessons in the demoli-
tion of all the barriers raised by the common law for
the protection of the weak against the strong? Is it
true conservatism to obliterate in the masses the
sense of justice, the feelings of humanity, the distinc-
tion between right and wrong?”
The tacit support given to slavery by the Episco-
pal Church at large and the active support given to it
by many individual clergymen was a source of con-
stant grief to Judge Jay and a frequent subject of
his thoughts. “You well know,” he wrote to Joseph
Sturge, “what a mighty effort has been made by our
Northern traders in Southern votes and merchandise,
under the leadership of Daniel Webster, to roll back
the antislavery tide. To a certain extent they have
succeeded. The commercial interest in the great
towns, through a rivalry for the Southern trade, has
professed great alacrity in slave-catching, and politi-
cal aspirants for office under the Federal Government
find it expedient to make slave-hunting the test of
patriotism. But the religious feeling of the common-
THE EPISCOPAL CHURCH, 145
alty—that is, of those who are not pre-eminently gen-
tlemen of property and standing—is shocked by the
enormous cruelty and injustice of the fugitive law.
To overcome this feeling, which in its demonstrations
is exceedingly inconvenient to our merchants and
office-seekers, the clergy have been urged by the press
and other agencies to come out in support of the law
—in other words, to give the sanction of the gospel
of Christ to the enslavement of innocent men. Some
pastors who preach in fine churches to rich and fash-
ionable city congregations have complied. You must
understand that many of our brokers, merchants, law-
yers, and editors were exceedingly scandalized by the
opposition of religious people to this vile law, and
they have trembled for the honour of our holy relig-
ion when some of its professors contended that an
impious law was not binding on the conscience.”
The position of the church was strongly stated by
Jay in a letter to Rev. Hiram Jelliff: “It is one of
the most melancholy circumstances of the condition
of the coloured people that so many of the ministers
of the Lord Jesus Christ are among their most influ-
ential enemies. The church of the living God is the
great buttress of slavery and caste in the United
States. If any plea can be urged in behalf of infidel-
- ity, it is that Christianity as represented by multi-
tudes of its official teachers authorizes the abrogation
of all its precepts of humility, justice, and benevo-
lence in the treatment of persons to whom God has
given a coloured skin. Look at the conventions of
146 WILLIAM JAY.
New York and Pennsylvania excluding ministers and
disciples of the crucified Redeemer merely because
they are poor and despised I confess, my dear sir,
that were I a young man, with no early religious im-
pressions and about to decide on the truth or false-
hood of revelation, I fear I should be strongly tempted
to believe that a religion such as it is practically ox-
hibited by your cotton-parsons could not and did not
proceed from a just and benevolent being. I have
had great opportunities of knowing the effect pro-
duced by the countenance given to slavery and caste
by the church on the faith of many kind-hearted and
conscientious people, and in all sincerity I declare
that Our pro-slavery clergy, Our negro-hating clergy,
Our slave-catching clergy, are the most successful
apostles of infidelity in the country. I write thus
freely to you because your course is in direct opposi-
tion to those I condemn. The Saviour eat, drank, and
lodged with the Samaritans, who were the negroes of
Judea, a despised, degraded caste, from whom a Jew
disdained to receive even a cup of water. . . . May
God bless and reward your labours.”
Occupying, as Judge Jay did, a position of leader-
ship in both the Episcopal Church and the antislav-
ery movement, it was to him that men most fre-
quently turned for advice on subjects relating to the
connection between the church and slavery. From
mature minds, such as that of Senator Salmon P.
Chase, from divinity students and young men con-
templating connection with a religious body, came
THE EPISCOPAL CHURCH. 147
inquiries regarding the duty of joining the church or
of remaining a member. To a young man Jay wrote
in 1854: “I shall say nothing of the claims of the
Episcopal Church as arising from her doctrines, forms,
and government, except that I know of no church
which, judged by its authorized standards, is more
scriptural and more conducive to holiness in this life
and to salvation in the next. You desire to enter this
church but have not been able to overcome the objec-
tion arising from its connection with slavery, and
would like to know, for your information, how I recon-
cile my continuance in this church with my antislavery
opinions. Assuredly I could not belong to a church
which exacted of its members an admission of the law-
fulness of human bondage. Of such a sin and folly
the Episcopal Church is guiltless. No sanction of
slavery can be found in any of her standards, and
hence I can very consistently hold the doctrines of the
church and join in its prayers and rites and at the same
time regard American slavery as the sum of all villain-
ies. There are in the church slaveholding bishops,
clergymen, and communicants, plenty of them. But I
am not responsible for their presence. . . . There
never has been, and I suppose there never will be, a
widely extended church without unworthy pastors and
members. A pure church composed of fallible and
sinful men is a figment of the imagination. . . .
Many popish doctrines and practices are occasionally
advocated by our Puseyites. But I, as a private mem-
ber of the church, am in no degree responsible for the
148 WILLIAM JAY.
heresies of Puseyism nor the more disgusting heresies
of cotton-divinity. . . . In my opinion, in nine cases
Out of ten an antislavery Christian can do more good
to his own Soul, to the cause of Christ, and to the inter-
ests of the slave by remaining in his church and there
battling for truth and justice, than by going in search
of a pure church. It often happens when an aboli-
tionist abandons an alleged pro-slavery church he
finds no other that suits him. Hence the public wor-
ship of God and the Sacraments are neglected. Grad-
ually he and his family learn to live without God in
the World, and finally enter upon that broad road
which leads to destruction.”
The position assumed by the Episcopal Church
towards the rights and elevation of the blacks was
indicated by the refusal of the Diocesan Council of
New York to admit the coloured church of St. Philip,
although the parish was constitutionally entitled to
be represented and her minister and delegates were
entitled to seats and votes. Judge Jay opposed ear-
nestly a majority report from a committee on the
Question of their admission, which contended that the
applicants belonged to a race “socially degraded, and
improper associates for the class of persons who at-
tend our conventions.” Such an apology for the vio-
lation of the constitutional rights ordained by the
State, and such a presentation of the theological
views entertained by the committee on the unity of
the church and the catholic brotherhood of its mem-
bers, was not calculated to strengthen the opposition
THE EXTENSION OF SLA VERY. 149
to St. Philip's; and the Christian world breathed
more freely when, after a nine years' struggle to obtain
a vote on the question maintained by Judge Jay and
his son, the coloured parish was admitted by a large
majority of both orders.
In 1854 Southern aggression had nearly reached
its culminating point. The Missouri Compromise was
abrogated; the Kansas-Nebraska Bill threw open to
slavery an immense territory hitherto free, under the
subterfuge invented by General Cass and Senator
Douglas of “popular sovereignty.” Slavery was thus
to extend over the vast regions in the centre of the
continent. An indefinite number of new slave States
were to be admitted into the Union, which would give
the control of the Senate, and consequently of all leg-
islation, forever to the Slave Power.
In February, 1854, Judge Jay received an invita-
tion to address the Anti-Nebraska Convention of the
Free Democracy of Massachusetts. His age and
health prevented a journey to Boston, but he wrote
to the committee of invitation as follows:
“It is meet and right that the stupendous iniquity now
about to be perpetrated should be resisted by the true-hearted
citizens of that State which, more than any other in the con-
federacy, has debauched the moral sentiment of the nation and
prepared the community for submission to the most insolent
usurpation yet attempted by the Slave Power. The present
effort to extend the dominion of the whip to the northern
limits of the United States is the legitimate consequence of
the disastrous and disgraceful concessions of 1850. Those
150 WILLIAM JAY.
concessions were effected more through the ability and labours
of the late distinguished senator from Massachusetts than
of any of his coadjutors. Mr. Webster, avowing the entire
constitutionality of the Wilmot Proviso and having voted for
it in relation to Oregon, objected to its application to the
newly conquered territories on the ground that their Asiatic
scenery and geographical conformation rendered it physically
impossible for negro slavery ever to exist in them. Unhappily
for his novel and extraordinary theory, numerous slaves were
at the time he spoke held in California. . . . Slaves are at
this day held in New Mexico.
“Mr. Webster, in giving his earnest and cordial support to
the atrocious Fugitive-Slave Act, candidly acknowledged on
the floor of the Senate that in ‘ his judgment Congress had
no constitutional power to legislate on the subject, the obli-
gation of Surrendering fugitives resting on the States. Yet
he scrupled not in his subsequent addresses to speak in terms
of unmeasured obloquy of every lawyer who presumed to deny
the constitutionality of that horrible law. He admitted the
right of Congress to grant the fugitive a trial by jury, yet
was unwearied in his advocacy of a law denying to the most
helpless of mortals that important safeguard of personal
liberty. . . .
“The course of this gentleman at a moment when the dear-
est principles of liberty, justice, and humanity were vehe-
mently assailed was rapturously applauded by the monied,
the literary, and the ecclesiastical aristocracy of Massachusetts,
and the New England Church has to a great extent canonized
his memory.
“The ardour evinced by the city of Boston in the surren-
der of Simms, and the intense servility and degradation accom-
panying that surrender, together with the emphatic endorse-
ment of Mr. Webster’s conduct, have exerted an influence in
THE EXTENSION OF SLA VERY. 151
behalf of human bondage and in derogation of Christian obli-
gation far beyond the bounds of Massachusetts. The moral
bulwark raised at the North against slavery in times past by
the religious sentiment and the respect for the rights of man
is nearly demolished.
“The Slave Power, taking advantage of the present paraly-
sis of the Northern conscience and the frantic cupidity of our
demagogues and merchants for Southern votes and Southern
trade, is about placing its yoke on willing and bending necks.
“Think not that Nebraska is to be the terminus of slave-
holding encroachments. New slave States are from time to
time to be carved out of Mexico. Cuba is to be wrested from
Spain and St. Domingo re-enslaved and annexed. As the
field for slave labour widens and widens, the supply will be
found inadequate to the demand. The discovery will then
be made that both religion and policy require the repeal of
the prohibition of the African slave-trade. We shall be told
of the Christian duty of bringing the pagans of Africa to our
own civilized shores and of preparing them for heaven by the
discipline of the whip and the teachings of slave-drivers, while
politicans and political economists will insist on the removal
of the restriction as essential to the development of our
national wealth and enterprise. In vain will Virginia and
the other breeding States strive to retain their present lucra-
tive monopoly of the human shambles. The cotton and
sugar States, together with the newly acquired slave States,
aided by Northern politicians, will establish free trade in the
bodies and souls of men.
“The Southern Church is almost without exception the
unblushing champion of slavery, while the Northern Church,
adopting a time-Serving, heartless, and often hypocritical neu-
trality, and holding in its fraternal embrace slave-breeders
and slave-traders, has virtually taught that the vilest outrages
152 WILLIAM JAY.
on both the civil and religious rights of the black man are
perfectly compatible with the highest sanctity in his white
oppressor. Some of our religious journals are sadly grieved
and scandalized by the alleged discovery that certain oppo-
nents of slavery are infidels. For my own part, I know of no
form of infidelity so hideous as that which impiously claims
the authority of Almighty God for abrogating all His laws in
behalf of justice and mercy in reference to our conduct to-
wards millions of our countrymen not of the same colour as
ourselves. This cutaneous Christianity, so insulting to the
Deity, so disastrous to man, is fast becoming the national
religion.
“The present crisis is indeed an awful one. While various
causes have aided in producing it, its immediate origin is to
be traced to the lamentable defection, in 1850, of so many of
the rich and influential from truth and justice, liberty and
humanity, under the fallacious plea of Saving the Union.
Well may the Free Democracy of Massachusetts, with their
hands and consciences undefiled by oblations on the altar of
the American Moloch, now strive to avert the calamity im-
pending over the country. May a long-suffering God bless
their efforts and rescue a guilty nation from the punishment
it seems anxious to inflict upon itself.” .
“As to the wickedness of the whole Kansas busi-
ness,” Jay wrote to Charles Sumner, in March, 1856,
“I most fully agree with you, and I do not wonder
that amid such abounding iniquity you are at a loss
what atrocity to assail first. I am very much inclined
to look upon every Northern member of Congress who
voted for the repeal of the Missouri Compromise as
a rascal. This may seem harsh—it is certainly not
THE EXTENSION OF SLA VERY. 153
polite—and yet I am utterly unable to assign a good,
honest, religious motive for the vote, or to reconcile
it with the fear of God or with love to man. . . . Let
us fight on, with all our heart and mind and soul.
God is with us, approves our efforts, and whether He
shall crown them with success or not, He will not
forget our work of faith and labour of love. I have
full faith in an ultimate triumph, although you and I
may not live to enjoy it. My belief is, that as soon
as the North ceases to tremble before the slave-
drivers, the non-slaveholders of the South will pro-
claim their independence and insist upon free speech
and a free press, and as soon as these are obtained
the doom of slavery is sealed.”
The repeal of the Missouri Compromise was the
beginning of the end, the fatal step of the South on
its road to destruction. Throughout the North the
conviction grew that Union and slavery could not
exist much longer together. On the 4th of July,
1854, Garrison publicly burned a copy of the Consti-
tution of the United States with the words, “The
Union must be dissolved ' " He represented only an
extreme sentiment. But the people at large began to
calculate the value of this Union for which so many
sacrifices had been made. Slavery became odious to
many persons hitherto indifferent to the subject, on
the ground that it persistently and Selfishly placed
the Union in peril.
In the summer of 1857 Judge Jay received a cir-
cular calling for a National Disunion Convention, to
154 WILLIAM JAY.
be held at Worcester, signed by T. W. Higginson,
Wendell Phillips, Daniel Mann, and W. L. Garrison.
To this circular he replied at length, giving his views
On the question of separation as it then appeared to
him.
“The subject you propose for consideration,” he said,
“has long been to me one of deep and painful interest.
Although fully conscious of the many social, commercial, and
political advantages derived from the Federal Union, I am
nevertheless convinced that it is at present a most grievous
moral curse to the American people. To the people of the
South it is a curse by fostering and strengthening and per-
petuating an iniquitous, corrupting institution. To the mill-
ions of African descent among us it is a curse by riveting the
chains of the bondman and deepening the degradation of the
free man. To the people of the free States it is a curse by
tempting them to trample under foot the obligations of truth,
justice, and humanity for the wages of iniquity with which
the Federal Government has so abundantly rewarded apostates
from liberty and righteousness.
“In my opinion, while the Union continues to be thus a
curse it will be indissoluble; if it ever ceases to be a curse,
it will be converted into a blessing.
“What possible reason have you to expect that those in
church and state who have surrendered their consciences to
the seductions of the Union will listen to your call and aid you
in breaking a power which they glory in Saving? While I
believe you are doomed to disappointment, I nevertheless re-
joice in every exposure of the demoralizing influence of the
Union. I rejoice in such exposure, not as tending to bring
about dissolution, but to render it unnecessary. When the
DIS UNION, 155
people of the North cease to idolize the Union, they will
cease to offer on its altar their rights and their duties.
When released from their thraldom to the Slave Power, they
will cease to place its minions in office. When no longer
covetous of the votes and the trade of the South, they will no
longer be bullied into all manner of Wretchedness and all
manner of insult by the idea and ever-repeated threats of dis-
solution. But when this happy time arrives, the Union will
be converted from a curse into a blessing. Our divines, in-
stead of vindicating Cruelty and oppression, and denouncing
as fanatics those who consider the will of God a higher law
than an accursed act of Congress, will become preachers of
righteousness. Democrats, seeing the Federal patronage
wielded by the opponents of slavery, will, in the rapidity
and extent of their conversion to truth and justice, eclipse
all the marvels of New England revivals; and men who for
years have been bowed to the earth by spinal weakness will
as by miracle stand erect. When all this happens, the North
will continue its Union with the South; and you yourselves
will have no wish to see that Union severed.
“At the close of the war, Washington, solicitous that the
divine favour might rest on the new-born nation, publicly
offered the prayer that God would dispose us all to do justice
and love mercy. May the Union, when exerting an influence
in accordance with this prayer, be indissoluble; but may God
forbid that it may ever be saved by promoting, extending, and
perpetuating injustice and cruelty, by invoking the wrath of
Heaven, and becoming a proverb and a reproach among the
nations of the earth.”
CEIAPTER VIII.
DEATH OF JUDGE JAY.—HIS POSITION AMONG ANTISLAW-
ERY MEN.—HIS OTEIER PUBLIC AND PHILANTHROPIC
INTEREST.S.—HIS PRIVATE LIFE.-HIS CHARACTER.
JUDGE JAY was not destined to live to see the
triumph of the antislavery cause and of the consti-
tutional principles to which he had devoted his life.
Several years of failing health preceded his death,
which took place at Bedford, October the 14th, 1858.
His career in the antislavery cause, dating from the
Missouri Compromise in 1821, was in several respects
unique, and among the leaders of the movement his
position continued to be distinctive.
His first active efforts in favour of the slave, the
presentation to Congress in 1826 of petitions for the
abolition of slavery in the District of Columbia, were
marked by a careful regard to the provisions of the
United States Constitution. At the first formation
of antislavery societies he feared that philanthropic
enthusiasm might place the movement in a Wrong
position by a failure to recognize those provisions.
His advice was asked by the men who organized the
American Society in Philadelphia, and it was carried
into effect by the insertion into the constitution of
156
HIS CAREER. 157
the Society of a complete recognition of the supreme
national law, in strict accordance with which, only,
the objects of the society should be sought. To main-
tain the abolitionists in the impregnable position thus
adopted was the constant and characteristic labour
of Jay's life. This position, consistently held by
him against unconstitutional doctrines advanced by
both abolitionists and slaveholders, was the position
adopted by the Republican party in 1854, and main-
tained until real union and real liberty were Won
together.
The antislavery movement was begun and Sup-
ported by those whom Lincoln called “the plain peo-
ple.” Men of “property and standing” were gener-
ally passively if not actively hostile. It received
little help from the churches, from the learned profes-
sions or the wealthy mercantile classes. It was a
very unpopular cause, denounced by politicians, mer-
chants, and lawyers, despised by many of the clergy,
certain to bring social and business injury, if not
active persecution, to whomsoever adopted it. Hence
the championship of William Jay derived a special
importance. His judicial and social position, his in-
dependent means, his active membership in the most
aristocratic of churches, made him a leader of peculiar
value. His advocacy of the cause could be attribute
neither to ignorant fanaticism nor to disorganizin
tendencies. He set an example to the class most abl
and least willing to oppose the curse of slavery.
A third peculiarity of Jay's position among anti-
158 WILLIAM JAY.
slavery men was the nature of the work which he
performed. Without health sufficient to make long
journeys at a time when travelling was difficult, sel-
dom leaving his country home, he was rarely seen at
the meetings and conventions of the abolitionists.
He was a voice, speaking words of reason, modera-
tion and authority in times of blind excitement; a
voice which spoke at the right moment and was
always heard with respect. Jay's activity lay in his
pen. In a crisis when the judicious course of action
or the accurate view of events was obscured by doubt
and passion, a pamphlet or a public letter from Judge
Jay cast a clear and steady light. His writings were
consulted by the most eminent men when considering
subjects connected with slavery. Of this a notable
instance was the use made of Jay's argument on
the “Amistad” case by John Quincy Adams when
addressing the House of Representatives in that cele-
brated cause. These writings form a continuous and
lucid commentary on the history of the long and
varied struggle between the forces of slavery and of
freedom.
The published works of Judge Jay present but a
part of the fruits and the influence of his pen. His
correspondence was voluminous and extended to the
rank and file as well as to the leaders of the anti-
slavery movement. Constant resort was made to him
for information and advice, which was always given
with frankness and care.”
* Among those with whom Judge Jay was most often in communica-
tion may be mentioned: Arthur and Lewis Tappan, Rev. S. S. Jocelyn,
PIIS CAREER, 159
We may close appropriately our review of Jay's
antislavery work with remarks made after his death
to the coloured people of New York by Frederick
Douglass, who escaped from the slave-driver to urge
With native eloquence the emancipation of his race:
“In common with you, my friends, I wear the hated
complexion which William Jay never hated. I have
worn the galling chain which William Jay earnestly
endeavoured to break. I have felt the heavy lash, and
have experienced in my own person the cruel wrongs
which caused his manly heart to melt in pity for the
slave. . . . In view of the mighty struggle for freedom
in which we are now engaged, and the tremendous
Odds arrayed against us, every coloured man and
every friend of the coloured man in this country
must deeply feel the great loss we have sustained in
this death, and look around with anxious solicitude
for the man who shall rise to fill the place now made
vacant. With emphasis it may be said of him, he
was our wise counsellor, our firm friend, and our lib-
eral benefactor. Against the fierce onsets of popu-
lar abuse he was Our shield; against governmental
intrigue and oppression he was our learned, able,
Rev. A. A. Phelps, Robert Vaux, E. Wright, Jr., Joshua Leavitt, Samuel
J. May, Reuben Crandall, James G. Birney, Theodore Sedgwick, Beriah
Green, Gerrit Smith, John Scoble of England, Mrs. L. M. Child, Miss
Grimke, Wm. Goodell, G. Bailey, Jr., Rev. Dr. Morrison of England,
Gov. R. W. Habersham, W. W. Anderson of Jamaica, W. I., Joseph
Sturge of England, Jabez D. Hammond, Geo. W. Alexander of England,
William Slade, John Quincy Adams, Wm. H. Seward, S. P. Chase,
Prof. C. D. Cleveland, Thomas Clarkson of England, Sir W. Colebrook,
governor of New Brunswick, Charles Sumner, Chief-Justice Horn- .
blower, J. G. Palfrey, and John P. Hale,
160 WILLIAM JAY.
and faithful defender; against the crafty counsels of
wickedness in high places, where mischief is framed
by law and sin is sanctioned and supported by relig-
ion, he was a perpetual and burning rebuke.”
Besides his work for the negro race, William Jay had
Various public and philanthropic interests. Promi-
ment among these were the duties of judge of West-
chester County, which he exercised for more than
twenty-five years. Jay revised the rules of the court,
which had been handed down almost unchanged
since 1728; and he introduced a strict observance of
forms, which, combined with his prompt and explicit
decisions, made the Westchester court one of the most
dignified in the country. The sittings were held
alternately at White Plains and at Bedford, the half-
shire towns of the county. Jay also attended to
chamber business in other towns. At that period the
Westchester bar embraced many lawyers of marked
ability, such as R. R. Voorhis, Aaron Ward, William
Nelson, Peter Jay Munro, J. W. Strong, Minot Mitch-
ell, and James Smith; and from New York, Alexander
McDonald, William M. Price, and Peter Augustus Jay
frequently appeared among them. It has been said of
Judge Jay's charges to grand juries that “they com-
manded attention, from their clear exposition of the
law without the slightest concession to the popular
currents of the day and with careful regard to consti-
tutional rights, morality, and justice.” These charges
were frequently requested for publication as timely
reminders of legal and moral truths, the relation of
EIIS CAREER, 161
which to current events was being overlooked. Judge
Jay's conduct on the bench caused his reappoint-
ment term after term by governors of opposing polit-
ical parties; and after his death, when a pro-slavery
faction endeavoured to remove his portrait from the
court-house at White Plains, members of the bar who
disagreed with Jay's abolition opinions were foremost
in preventing any act of disrespect to bis memory.
Jay's philanthropy was religious in its motive and
practical in its activity. A life-long worker in the
cause of temperance, his efforts produced substantial
results, as in the legislation proposed by him which
forbade the sale of intoxicating liquors on credit.
For many years a member and president of the
Peace Society, he was not satisfied with exposing the
evils of war. His mind sought and found a remedy
for it in the system of international arbitration, of
which the practicability was immediately acknowl-
edged, and towards which the civilized world has
since turned with constantly growing confidence.
The organization of the American Bible Society in
the face of the opposition of the authorities in his own
church displayed in Jay's early life the self-reliance
and independence of character which gave so much
strength to his later career. Always true to his
church, he never compromised his convictions to fit a
position in which that church was untrue to itself.
During the antislavery movement the churches were
hostile. Fearful of alienating their Southern mem-
bers and the Northern men whose business interests
162 WILLIAM JAY.
demanded subserviency to the Slave Power, hardly
any ecclesiastical organization was guiltless of lending
a passive support to slavery. Theological students,
on leaving their seminary, were cautioned by their
instructors to avoid the troublesome topic if they
would be successful ministers of Christ. Clergymen
who preached that property in man was sinful were
disciplined by ecclesiastical superiors or cast off by
Outraged Christian congregations. An Orthodox relig-
ious newspaper was the safest printed matter for a
Northern man to have in his possession when travel-
ling in the South. The Episcopal Church had its
slaveholding bishops and ministers, not a few of whom
justified slavery from the Scriptures. It had in the
North its “cotton divines,” who enjoined from the pul-
pit obedience to the odious law which sought to make
slave-catchers of Christian men and Women. It went
so far as persistently to infringe its own laws by shut-
ting the doors of its conventions upon legally chosen
delegates of congregations composed of free coloured
men. The church of Christ was turned into a social
club which did not hesitate to exclude a black man
as an “unfit associate.” Shocked at this attitude,
many conscientious men withdrew from the commun-
ion. But such a course was inconsistent with Jay's
character. False and repulsive as was to him such a
conception of the Christian religion, he refused, as a
churchman, to accept it. He remained in the ranks,
striving by his own conduct to show that a man
could be a good churchman and hate slavery at the
HIS PRIVATE LIFE. 163
same time. Fearless in his expression of Christian
truth, he was for twenty years a thorn in the side of
pro-slavery churchmen, and a rallying-point for those
who understood better the spirit of Christianity and
recognized the brotherhood of man before God.
Jay's private life was happy and peaceful. The
library at Bedford, with its book-shelves crowded to
the ceiling and its windows looking out over the hills
of Westchester to the blue outlines of the Catskills,
claimed a considerable portion of every day. The
hours there passed in reflection and in literary labour
were hours of pleasure, enhanced by the desire and
the hope of usefulness.
Out-of-doors were the avocations of a country life,
which Jay was well constituted to enjoy: the farm,
with its interesting record of crops and growing live-
stock; the garden, where a great variety of flowers
and vegetables flourished within hedges of old box;
the lawn, with its trees planted by his father and him-
self—all these gave occupation in pleasing contrast to
that of the library. The public roads in the neigh-
bourhood of the Jay farm are now adorned and shaded
by noble trees planted by the Judge. Along these
roads and over the Westchester hills heloved to ride on
horseback, an exercise and pleasure which he enjoyed
until the last year of his life. Judge Jay preferred
to consider Bedford as a farm rather than as a country
seat, and he observed to Bishop Coxe in this regard
that a farm without a gate or a fence out of repair
was more to his taste than an ornamental estate. The
164 WILLIAM JAY.
weak eyesight and somewhat delicate health which in
his youth seemed a misfortune as debarring him from
a career of activity in the city turned in the end to
his advantage. A happier life than that at Bedford
could hardly have been devised for him; and it is
probable that the studious retirement of his country
library gave to his views on public questions a thor-
Oughness and moderation greater than could have
been attained amidst the hurry and distraction of a
great city. . . . . .
In his family relations, Jay was still more fortu-
nate. His wife lived to be his sympathetic compan-
ion until 1856, when he himself was near his end.
Her accomplishments, especially in reading and draw-
ing, her grace, gentleness, and goodness, her natural
charity, added immeasurably to the happiness of Jay's
life. “I have always regarded her,” said the late Rev.
J. W. Alexander, “as one of the happiest specimens
of a Christian lady that it has been my lot to meet.
Intelligent, graceful, pious, gentle, Sportive in the
right place, generous and Catholic, she awakened a
sincere respect and attachment, and Our memory of
her is blessed.” The late Bishop Horatio Potter of
New York, speaking of her later life, said: “The
serene composure, the sweet simplicity and dignity,
bespoke a peaceful and elevated spirit, and made an
impression on the most transient visitor never to be
effaced.” Dr. John Henry Hobart, son of the Bishop,
wrote to John Jay: “Your mother, always gentle,
placid, and cheerful, with an unfailing Smile and
4/* 7ſºr -11ºzº
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FIIS PRIVATE LIFE. 165
pleasant words for her young guests, sympathizing
With their boyish enthusiasm for poetry and romance,
and tempering their ardour with counsel and caution,
which her own sensitive spirit conveyed in the most
delicate forms—of her I must speak thus feelingly;
it only indicates the debt of gratitude I owe to her
memory.” -
Judge Jay had one brother, Peter Augustus Jay,
who was thirteen years his senior. Between the
brothers there continued through life an uninterrupted
affection and confidence. Peter Augustus led an
active professional and social life in New York City,
holding office as judge, as recorder, and as a mem-
ber of the State Assembly. On his death, in 1843,
high tributes to his ability as a jurist and to his char-
acter as a public-spirited citizen were paid by Chan-
cellor Kent, Chief-Justice Samuel Jones, and David B.
Ogden. As a member of the Assembly, he was con-
spicuous in the advocacy of various important meas-
ures, among which may be mentioned his efforts to
extend the right of suffrage to black citizens of the
State. Peter Augustus Jay was not himself promi-
nent in the antislavery cause, but he was generally
in sympathy with his brother's work.
The Right Reverend A. Cleveland Coxe, Bishop of
Western New York, was a frequent visitor in his
youth at Bedford. Some extracts from a letter writ-
ten by him to John Jay afford an interesting view of
the domestic life of the Judge's home:
“William Jay was one of those true sons of the
166 WILLIAM JAY.
Republic who inherited sound views of its constitu-
tional system from your illustrious grandfather, and
from personal acquaintance with some other fathers of
the nation who were high in the confidence of Wash-
ington and shared his just and lofty ideas of national
policy. Your father was one of those born statesmen
who breathed under the inspiration of such ideas,
and was animated by them to efforts for the preser-
vation of the Constitution itself in degenerate days.
Those were the days when the “spoils-system” had
begun to act with corrosive effect on public affairs
and public men. The Science of true statesmanship
seemed ready to perish. The country fell into the
hands of mere politicians, with whom legislation was
a trade and a struggle for personal aggrandizement.
The epoch had little use for men of pure patriotism,
but your father, incapable of ambition or the pur-
suit of personal ends, stood aside and devoted him-
self with intrepidity to unpopular principles, of which
he foresaw the utility, while he was hardly less pro-
phetic of the cruel war which must be the conse-
Quence of popular indifference and blindness to the
national perils. He was little seen, but greatly felt,
and has left a mark on the diplomacy of his time
which is a gain to humanity and to civilization.
“I cannot forget the charms of that domestic life
which he made so attractive to his children and to
the large circle of kindred and friends who were ad-
mitted to its enjoyments. It was in 1836 that, with
our beloved friend Hobart, I was invited to spend the
FIIS PRIVATE LIFE. 167
Christmas holidays at Bedford. We were boys to-
gether at that time, and I remember to what hours
We prolonged our recreations, with no other restric-
tion than your father's cheerful injunction, as he bade
us good-night: “Young gentlemen, please remember
not to laugh too loudly; it might deprive some of us
of the sleep which you seem not to require for your-
selves.” How merrily we “saw the old year out
and the new year in,’ that Christmas-tide I often
thought of Irving's ‘Bracebridge Hall” as realized in
America, in the home of your happy boyhood. Year
after year, winter and summer, through college life,
you led me to renew my holidays in Bedford. How
much I learned from your father's condescension to
boyhood in conversing with his boy-visitors as if they
were men He drew out our opinions and encouraged
us to state them frankly when he suspected that we
had the boldness to prefer our crude ideas to his own
judicial and grave conceptions of fact and principle.
He played chess with his youthful guests, but never
permitted them to beat him, as that would have been
no compliment to lads who worked hard and wished
to win in a fair game.
“I have rarely seen a household in which family
life was ordered more particularly with reference to
religion. There was much of the Huguenot in the
piety of the Judge, but nothing of the Puritan.
Family prayers were observed twice a day, the ser-
Vants attending and sharing in the responses. After
evening prayers in those early days, we enjoyed a
168 WILLIAM JAY.
few cotillons and contra-dances, Mrs. Jay presiding
at the piano. And when the ladies had withdrawn,
chess-playing and other games occupied us, not in-
frequently until after midnight. Sundays in the old
homestead, after church-going, were like other days,
save in the chastened cheerfulness of conversation
and employment. A feature of Sunday evenings was
the custom for every member of the family to recite
Something in prose or poetry, and the Judge often
closed such recitals by reading selections from Bishop
Heber, Mr. Milman, and other favourites of those
times. In the third decade of this century, the
daughters of ‘the governor,” Mrs. Banyer and Miss
Jay, were often the guests of their brother. They
would have been interesting figures in any society,
and were eminent in New York for their Christian
virtues and devotion to every good work. The elder
sister, born in Spain, seemed to preserve in her face
and carriage something borrowed from her native
climate, while Mrs. Banyer, born in France, was not
less conspicuously marked by characteristics of her
French ancestry. While the only son of Judge Jay
is a recognized type of his father's principles and char-
acter, his daughters not less resembled their mother—
a lady whose memory I hold in very great respect,
with an affectionate estimate of her worth as a beau-
tiful example of her gracious sex, in all characteris-
tics ‘wherein there is virtue and wherein there is
praise.”
“I feel, at this distance of time, that I owe much to
FIIS PRIVATE LIFE, 169
the friendship of Judge Jay, apart from the pleasures
it conferred upon me. How much he taught me !
How often his maxims led me to correct my faults,
though he never seemed to instruct, much less to re-
buke | Even in his decline, and when he was nearing
the end, he favoured me with an occasional letter.
Need I say that, while entirely free from cant and
pharisaic professions, such letters were models of
Christian submission, and not less of “faith, hope,
and charity’ 2 I have frequently reflected upon them
as I find myself approaching the end. His lofty ex-
ample leads me to say with the inspired moralist:
“Mark the perfect man and behold the upright, for
the end of that man is peace.”
BIBLIOGRAPHY.
THE LIFE OF JOHN JAY. With Selections from his Correspondence and
Miscellaneous Papers. In two volumes, 1833.
WAR AND PEACE. The Evils of the First and a Plan for Preserving the
Last. London, 1842.
A REVIEW OF THE CAUSES AND CONSEQUENCEs of THE MEXICAN WAR,
1849.
MISCELLANEOUS WRITINGS ON SLAVERY, 1853. In which are collected:
Inquiry into the Character and Tendency of the American Coloniza-
tion, and American Antislavery Societies.
A View of the Action of the Federal Government in Behalf of Slavery.
On the Condition of the Free People of Colour in the United States.
Address to the Friends of Constitutional Liberty, on the Violation
by the United States House of Representatives of the Right of
Petition.
Introductory Remarks to the Reproof of the American Church con-
tained in the recent “History of the Protestant Episcopal Church
in America” by the Bishop of Oxford.
A Letter to the Right Reverend L. Silliman Ives, Bishop of the Prot-
estant Church in the State of North Carolina.
Address to the Inhabitants of New Mexico and California, on the
Omission by Congress to provide them with Territorial Govern-
ments, and on the Social and Political Evils of Slavery.
Letter to Hon. William Nelson, M. C., on Mr. Clay's Compromise.
A Letter to the Hon. Samuel A. Eliot, Representative in Congress
from the City of Boston, in Reply to his Apology for voting for
the Fugitive-Slave Bill.
An Address to the Antislavery Christians of the United States.
Signed by a number of clergymen and others.
171
172 BIBLIOGRAPHY,
Letter to Rev. R. S. Cook, Corresponding Secretary of the American
Tract Society.
Letter to Lewis Tappan, Esq., Treasurer of the American Missionary
Society.
- PAMPEILETS.
Report of the Bedford Society for the Suppression of Vice, 1815.
Letter to Venders of Ardent Spirits, 1815.
Answer to Bishop Hobart's Pastoral Letter on the Subject of Bible
Societies, by an Episcopalian, 1815.
Memoir on the Subject of a General Bible Society, by a Citizen of
New York, 1816. -
Appeal in Behalf of the American Bible Society, by a Lay Member
of the Convention, 1816.
Dialogue between a Clergyman and a Layman on the Subject of Bible
Societies, by a Churchman, 1817.
Remarks on a Petition to the Legislature praying for the Repeal of
the Acts for Improving the Agriculture of this State, by a West-
chester Farmer, 1821.
Letter to Bishop Hobart occasioned by the Strictures on Bible Soci-
eties contained in his late Charge to the Convention of New
York, by a Churchman, 1823.
Letter to Bishop Hobart in Reply to the Pamphlet addressed by him
to the Author under the Signature of “Corrector,” by William
Jay, 1823.
Reply to a Second Letter to the Author from Bishop Hobart, with
Remarks on his Hostility to Bible Societies, by William Jay, 1823.
Essay on the Importance of the Sabbath considered merely as a
Civil Institution, 1826.
Essay on the Perpetuity and Divine Authority of the Sabbath. Pub-
lished by the Synod of Albany, 1827.
Remarks on the Proposed Changes in the Liturgy and Confirmation
Service, 1827.
The Office of Assistant Bishop inconsistent with the Constitution of
the Protestant Episcopal Church, 1829.
Essay on Duelling, 1830.
BIBLIOGRAPH Y. 173
Address to the Inhabitants of Westchester County on Temperance,
1834.
Addresses to the Westchester County Auxiliary Bible Society, 1836,
1839, 1841, 1845, and other years.
Address before the New York Female Bible Society, 1840.
Letter of Hon. William Jay to Hon. Theodore Frelinghuysen on
Slavery, 1844.
Address before the American Peace Society, 1845.
Trial by Jury in New York, 1846.
Address to the Non-Slaveholders of the South, on the Social and
Political Evils of Slavery, 1849.
The Calvary Pastoral, with Comments, a Tract for the Times, 1849.
Reply to Mr. Webster's 7th of March Speech, 1850.
Reply to Remarks of the Rev. Moses Stuart in his pamphlet entitled
“Conscience and the Constitution.” J. A. Gray, New York,
1850.
The Kossuth Excitement, 1852.
The Bible against Slavery. J. K. Wellman, Adrian, Michigan, 1852.
Petition of the American Peace Society to the United States Senate
in behalf of Stipulated Arbitration, 1853.
An Examination of the Mosaic Law of Servitude, “The Statutes of
the Lord are right — Psalm xix. 8.” M. W. Dodd, New York,
1854.
“The Eastern War,” an Argument for the Cause of Peace. Address
before the American Peace Society, 1855.
A Letter to the Rev. Wm. Berrian, D.D., on the Resources, Present
Position, and Duties, of Trinity Church, occasioned by his late
Pamphlet, “Facts against Fancy.” A. D. Randolph & Co., New
York.
Judge Jay left in Manuscript an elaborate Commentary, the work of
many years, on the Old and New Testaments.
INDEX.
Abolition Intelligencer, the, 28.
Abolition movement, its early history, 18 et seq.
Abolition societies, early, 23, 27.
Abolitionists, hatred of, 41, 42, 56, 67, 135, 136.
, differences among, 83, 103.
Adams, Charles Francis, 129.
, John Quincy, 25, 31, 158, 159.
Alexander, George W., 158.
, J. W., 164.
American and Foreign Antislavery Society, formation of, 103.
American Antislavery Society, formation of, 49, 50; division in, 103.
Anderson, W. W., 159. `s
Anti-Annexation Meeting, in New York, 126.
Antislavery movement, development of, 39 et seq.
Antislavery societies, formation of, 45.
Antislavery Society of New York City, 46, 47.
Aspinwall, John, 12.
Bailey, G., Jr., xvii, 159.
Banyer, Mrs., 125, 167.
Bedford, 8, 9, 163.
Benezet, Anthony, 19.
Benson, Judge, 38.
Bible Society, iii, 10, 11, 12. -
Birney, James G., xvi, 63, 103, 107, 117, 118, 159.
Bogardus, General, 46.
Bolton, John, 12.
Bouck, Gov., 14, 124, 125.
Boudinot, Elias, iii, 11, 12, 28.
Bourgueny, Baron, vi.
Bradish, Luther, 110.
Brent, W. L., 35.
Broglie, Duc de, 63, 126.
Brown, David P., 54.
175
176 INDEX.
Brownson, Dr. Orestes A., xix.
Brune, Baron, vi.
Buol-Schauenstein, Count, vi.
Buren, Van, Martin, 107, 124.
Burling, William, 18.
Calhoun, John C., xii, 4.
Canterbury, persecution at, 42.
Cass, Lewis, 149.
Cavour, Count, vi, xviii.
Chambers, John, 9.
Channing, W. E., 56.
Chapman, Mrs., xvi, 91.
Chase, Salmon P., 146, 159.
Chatham Street Chapel, 47, 53.
Child, Mrs. Lydia Maria, xvii, 40, 67, 112, 159.
Circourt, M. de, v.
Clarendon, Lord, vi, 131.
Clarkson, Matthew, 12.
Clarkson, Thomas, 159.
Clay, Henry, 24, 32.
Cleveland, C. D., 159.
Clinton, De Witt, 12, 14, 31, 32.
Clinton Hall, 46.
Cobden, R., vi.
Colebrook, Sir W., 159.
Colonization Society, 26.
Commercial Advertiser, 55.
Compromise of 1850, 137.
Constitutional questions, xi, 86, 87, 89, 91, 99.
Cooper, J. Fenimore, 2, 3, 5, 9, 14.
Cornish, Samuel E., 73.
Cortlandt, Van, Eve, 9.
, Jacobus, 9.
, Mary, 9.
, Pierre, 9.
Cotton-gin, the, 23.
Courier and Inquirer, 47, 55.
Cowley, Lord, vi.
Cox, Abraham L., 55, 73.
Cox, Samuel H., 64.
Coxe, A. Cleveland, 165.
Crandall, Miss, 42.
, Reuben, 41, 159.
Cummings, John, 13.
INDEX. 177
Dane, Nathan, 20.
Davis, Henry, 3.
, Jefferson, xii.
Delavan, Edward, 61.
Denison, Charles W., 103.
Derby, Lord, vii.
Disunion, 153, 154, 155.
Douglas, Senator, 149.
Douglass, Frederick, 159.
Duelling, essay on, 13.
Dwight, Timothy, 7.
Earle, Thomas, 107.
Edwards, Jonathan, 23.
Ellison, Thomas, 1.
Emancipation, gradual, 41.
, immediate, 23, 40, 41, 43.
, in West Indies, 45.
Fmancipator, the, 28, 75.
Episcopal Church, its attitude towards slavery, 132, 133, 144, 145, 147.
Evarts, Jeremiah, 12.
Everett, Alexander H., 82.
Fitzmaurice, Lord Edmond, v.
Forsythe, John, 35.
Franklin, Benjamin, iv, 23.
Frelinghuysen, Theodore, 48.
Frere, John Hookham, 126.
Fugitive-Slave Law, 140, 141, 142, 143, 144.
Gadsden, Christopher Edward, 4.
Gallatin, Albert, 127.
Gallaudet, Thomas H., 4. -
Garrison, William L., xvii, 40, 51, 53, 63, 64, 77, 84, 86, 89, 102, 153, 154.
Gay, S. H., xvii.
Gayle, Gov., 74.
Genius of Universal Emancipation, 28.
Gibbons, James S., xvii.
Giddings, Joshua R., 129.
Gladstone, W. E., vi.
Goodell, William, xvii, 27, 40, 107, 159.
Gouverneur, Samuel L., 65.
Gray, William, 12.
Grayson, William, 20.
Green, Rev. Beriah, 60, 159.
178 INDEX.
Green, Oliver, 30.
Griffin, George, 12.
Grimke, Misses, xvii, 91, 159.
, Thomas Smith, 4.
Grundy, Felix, 12.
Habersham, R. W., 13, 159.
Hale, John P., 159.
Hamilton, Alexander, 23.
, James, 35.
Hammond, J. D., 159.
Harrison, W. H., 107.
Henry, John B., 8.
, Patrick, 20, 21.
Hicks, Elias, 27.
Higginson, T. W., 154.
Hillhouse, James A., 4.
Hobart, Bishop, iv, 11, 13.
º , John Henry, 164.
Holley, Myron, 107.
Holly, Horace, 6.
Hopkins, Samuel, 19, 23.
Hopper, Isaac T., xvii.
Hornblower, Chief-Justice, 159.
Horton, Gilbert, case of, 29, 30, 31.
Hubner, Baron, vi.
Huntington, William, 4.
Immediate Emancipation, first proclaimed as a duty, 23.
International arbitration, v, 130, 131.
Ives, Bishop, x.
Jackson, Andrew, 77.
, Francis, 102.
, J. C., 103.
Jarvis, Samuel F., 4.
Jay, John, iv., 1, 5, 9, 12, 20, 23, 38, 39, 127.
, John, 2d, 55.
—, Miss, 125, 167.
, Peter Augustus, 160, 165.
Treaty, iv.
, William, his birth, 1; education, 2.; at Yale College, 4, 6; studies
law, 8; marriage, 8; begins life at Bedford, 8, 9; begins philan-
thropic work, 10; advocates Bible Societies, 10; conflict with Bishop
Hobart and High-Church party, 10, 11, 13; organizes American
INDEX. 179
Bible Society, 11, 12; takes prize for essay on the Sabbath, 13; for
essay on duelling, 13; appointed judge, 14; early adoption of anti-
slavery cause, 28; espouses cause of Gilbert Horton, 29; begins
movement for abolition of slavery in District of Columbia, 29, 32,
34, 36, 37; writes “Life of John Jay,” 39; his view of slavery
problem in 1833, 43, 44; consulted regarding formation of American
Antislavery Society, 45; advises acknowledgment of constitutional
provisions, 45, 46; invited to join in organizing the American Anti-
slavery Society, 49; his views on such an organization, 50; suggests
a definite avowal of constitutional principles, 50, 51; becomes a
member of Executive Committee of American Antislavery Society,
57; publishes his “Inquiry,” 58; its influence, 60, 61; appointed
foreign corresponding secretary, 63; gives advice on right to use
the mails, 65; his “Address to the Public,” 69; elected president
of New York State Antislavery Society, 77; his reply to President
Jackson’s message, 78; protests against the introduction of irrele-
vant doctrines into antislavery societies, 84, 86, 100; protests against
unconstitutional doctrines, 87, 90; defeats Alvan Stewart's resolu-
tion, 93; his opinion of the danger of unconstitutional doctrines,
90, 94; his opinion of Stewart's position, 95; his loss of faith in
the usefulness of antislavery societies, 97, 100; placed on Executive
Committee of American and Foreign Antislavery Society, 103; re-
signs membership in American Antislavery Society, 103; views on
the woman question, 103, 104; his “View of the Action of the Fed-
eral Government,” 105; his “Condition of the Free People of Col-
our,” 106; his “Violation of the Right of Petition,” 106; his attitude
towards Liberty party in 1840, 107, 108, 109; his attitude towards
antislavery societies after the schism, 112, 113, 114, 115, 116; his
attitude towards Liberty party in 1843, 117, 118, 119, 120, 121; his
views on the annexation of Texas, 118, 127, 128; nominated for
Senator by the Liberty party, 120; deprived of his seat on the
bench, 122; his visit to Europe, 125; his “Review of the Mexican
War,” 127, 128; his “War and Peace,” and plan for international
arbitration, 130, 131; his attitude towards the “come-Outers,” 132;
his work in the Episcopal Church in favour of the slave, 132, 133,
144, 145, 147, 162; “Letter to Bishop Ives,” 133; reply to Webster,
137, 138; attitude towards the Fugitive-Slave Law, 140, 141, 142,
143; views on the Kansas-Nebraska Bill, 149, 150, 152; views on
disunion, 153, 154, 155; his death, 156; his distinctive position
among antislavery men, 156, 157, 158; his writings, 158; his con-
duct as judge, 160; other philanthropic work, 161; his position as
a churchman, 161, 162; his life at Bedford, 163, 164; his family
life, 164, 165, 166.
, William, 2d, 5, 8.
, Mrs. William, 8, 164.
180 INDEX,
Jefferson, Thomas, 20, 24.
Jelliff, Hiram, 145.
Jocelyn, Simeon S., xvii, 73, 158.
Johnston, Oliver, xvii.
Jones, Samuel, 165.
Eatonah, 9.
Keith, George, 18.
Relley, Miss Abby, 102.
Rendall, Amos, 64, 65.
Rent, James, 53, 61, 127, 165.
King, Rufus, 20.
Langdon, John, 12.
Law, William, 13.
Lay, Benjamin, 18.
Leavitt, Joshua, xvi, 49, 73, 103, 107, 159.
Lee, Richard H., 20.
Leggett, William, 56.
Liberalist, the, 28.
Liberator, the, 40.
Liberty party, 107, 117, 118, 119.
Lincoln, Abraham, xiii, xviii, 157.
Loring, Ellis Gray, xvii, 87, 90, 91.
Lovejoy, Elijah P., 82.
Ludlow, Henry G., 53.
Lundy, Benjamin, 27, 40.
Lyons, Lord, xiv.
McAllister, Matthew H., 13.
McDonald, Alexander, 160.
McDuffie, George, 35.
McVickar, John, 8.
Mails, destruction of, 64.
Malmsbury, Lord, vii, 131.
Mann, Daniel, 154.
Marcy, Governor, 76, 110.
May, Samuel J., 50, 51, 86, 91, 159.
Miner, Charles, 32, 37.
Missouri Compromise, 24.
Mitchell, Minot, 122, 160.
Mobs, 56, 82, 135.
Morris, Thomas, 117.
Morrison, Dr., 159.
Mott, Lucretia, xvii.
Munro, Peter Jay, 160.
INDEX.
181
Nelson, William, 160.
Noyes Academy, 42.
Ogden, David B., 48, 165.
Orloff Count, vi.
Owen, John, 29.
Palfrey, J. G., 159.
Peyster, de, Frederic, 12.
Phelps, Amos A., 53, 86, 103, 159.
Phillips, Wendell, xvii, 154.
Pickering, Thomas, 20.
Pierpont, John, 4.
Pinckney, Charles C., 12.
Pintard, John, 12.
Playfair, Sir Lyon, viii, 132.
Potter, Alonzo, 61.
, Horatio, 164.
Purvis, Robert, 53.
Quincy, Edmund, xvii.
Quincy, Josiah, 141.
Rankin, John, 27, 73.
Rensselaer, Van, Stephen, 12.
IReporter, the, 113.
Republican party, 52.
“Review of the Mexican War,” ix.
Richard, Henry, vi, 131.
Riots, pro-slavery, 46, 54.
Romeyne, John B., 12.
Rush, Benjamin, 19.
Rutgers, Henry, 12.
St. Clair, Alanson, 91.
St. Philip's Church, 148.
Sandiford, Ralph, 18.
Sandwich, Lord, 19.
Scoble, John, 159.
Sedgwick, Henry D., 37.
, Susan, 3.
, Theodore, 127, 159.
, Mrs. Theodore, 61.
Sewall, Samuel, 18.
Seward, W. H., xiv, 110, 159.
182 INDEX.
Simms, 150.
Slade, William, 159.
Slave Power, growth of, 135.
Smith, Gerrit, xvi, 77, 83, 103, 107, 118, 141, 159.
, Goldwin, xviii.
, James, 160.
, John Cotton, 12.
Spring, Gardiner, 4.
Stanton, Henry B., 103, 119.
Stephens, A. H., xv.
Stevens, Alexander H., 4.
Stewart, Alvan, 52, 76, 92, 95, 96, 99, 107.
, Charles, 53.
Stone, James A., 53.
Storrs, Henry R., 4.
Stowe, Harriet B., xvii.
Strong, J. W., 160.
Sturge, Joseph, V, 130, 131, 144, 159.
Stuyvesant, Peter G., 61.
Sumner, Charles, 136, 152, 159.
Tabernacle, the Broadway, 92.
Tappan, Arthur, xvi, 40, 45, 49, 53, 55, 64, 67, 68, 73, 102, 103, 158.
, Lewis, xvi, 40, 47, 54, 73, 75, 103, 113, 158,
Taylor, Nathaniel W., 4.
Thompson, George, 63, 67.
Tighlman, William, 12.
Tocqueville, de, A., 15.
Tompkins, Daniel D., 12.
Torrey, Charles T., 101.
Tucker, Beverly, xiii.
Utica Convention, 76.
Varick, Richard, 12.
Vaux, Robert, 159.
Vergennes, Count de, v.
Villamarina, Marquis de, vi.
Voorhis, R. R., 160.
Walewski, Count, vi.
Walworth, Chancellor, 48.
“War and Peace,” v, 130, 131.
Ward, Aaron, 34, 160.
, Samuel R., xvii.


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in Original
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Page Missing
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APPENDIX. 185
New York; Prof. H. B. Smith, D.D., Professor of Systematic Theology in
Union. Theological Seminary, New York; Chas. King, LL.D. ; Peter Cooper,
Founder of the Cooper Union; G. W. Curtis; Geo. L. Schuyler; Prof.
Theo. W. Dwight, LL.D., Law Professor in Columbia College; Rev. G. L.
Prentiss, D.D.
Among the letters of regret were notes from Lincoln, Fessenden,
Major-General Halleck, and Attorney-General Bates.
HE UNIVERSITY OF MICHIGAN
GRADUATE LIBRARY
DATE DUE
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VIQ
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