Treatise on the Intellectual Character and Civil and Political Condition of the Colored People of the U. States
by Rev. Hosea Easton
CHAPTER II.
On the Political Condition and Character of the Colored People.
A GOVERNMENT like this is at any time liable to be revolutionized by the people, at any and every time there is a change of public sentiment. This, perhaps, is as it should be. But when the subjects of a republican government become morally and politically corrupt, there is but little chance remaining for republicanism. A correct standard may be set up, under which parties may pretend to aim at a defence of the original principles upon which the government was based; but if the whole country has become corrupt, what executive power is there remaining to call those parties in question, and to decide whether their pretensions and acts correspond with the standard under which they profess to act. Suppose the Constitution and articles of confederation, be the admitted correct standard by all parties, still the case is no better, when there is not honesty enough in either, to admit a fair construction of their letter and spirit. Good laws, and a good form of government, are of but very little use to a wicked people, further than they are able to restrain them from wickedness.
Were a fallen angel permitted to live under the government of heaven, his disposition would first incline him to explain away the nature of its laws; this done, their spirit becomes perverted, which places him back in hell from whence he came; for, though he could not alter the laws of heaven, yet he could pervert their use, in himself, and act them out in this perverted state, which would make him act just like a devil. The perversion of infinite good, is infinite evil-and if the spiritual use of the laws of an infinitely perfect government is productive of a perfect heaven, in like manner their spiritual perversion is productive of perfect or infinite hell. Hence it is said to be a bottomless pit-ay, deep as the principle is high, from which the distortion is made.
I have taken this course to illustrate the state of a people with a good government and laws, and with a disposition to explain away all their meaning. My conclusions are, that such republicans are capable, like the angel about which I have spoken, to carry out their republicanism into the most fatal despotism. A republican form of government, therefore, can be a blessing to no people, further than they make honest virtue the rule of life. Indeed, honesty is essential to the existence of a republican form of government, for it originates in a contract or agreement of its subjects, relative to the disposal of their mutual interests. If conspiracy is got up by any of the contracters, against the fundamental principles of the honest contract, (which, if republican, embraced those interests which are unalienable, and no more,) and if, by an influence gained by them, so as to make its intent null and void, the foundation of the government is thereby destroyed; leaving its whole fabric a mere wreck, inefficient in all its executive power. Or if the contract had the form of honesty only, when there was a secret design of fraud in the minds of the parties contracting, then of course, it is a body without a soul-a fabric without a foundation; and, like a dead carcass entombed, will tumble to pieces as soon as brought to the light of truth, and into the pure air of honesty.
With regard to the claims of the colored subjects of this government to equal political rights, I maintain that their claims are founded in an original agreement of the contracting parties, and that there is nothing to show that color was a consideration in the agreement. It is well known that when the country belonged to Great Britain, the colored people were slaves. But when America revolted from Britain, they were held no longer by any legal power. There was no efficient law in the land except marshal law, and that regarded no one as a slave. The inhabitants were governed by no other law, except by resolutions adopted from time to time by meetings convoked in the different colonies. Upon the face of the warrants by which these district and town meetings were called, there is not a word said about the color of the attendants. In convoking the continental Congress of the 4th of September, 1776, there was not a word said about color. In November of the same year, Congress met again, to get in readiness twelve thousand men to act in any emergency; at the same time, a request was forwarded to Connecticut, New Hampshire, and Rhode Island, to increase this army to twenty thousand men. Now it is well known that hundreds of the men of which this army was composed, were colored men, and recognized by Congress as Americans.
An extract from the speech of Richard Henry Lee, delivered in Congress, assembled June 8, 1776, in support of a motion, which he offered, to declare America free and independent, will give some view of the nature of the agreement upon which this government is based. ‘The eyes of all Europe are fixed upon us; she demands of us a living example of freedom, that may contrast, by the felicity of her citizens, (I suppose black as well as white,) with the ever increasing tyranny which desolates her polluted shores. She invites us to prepare an asylum where the unhappy may find solace, and the persecuted, re-pose. She entreats us to cultivate a propitious soil, where that gen-erous plant which first sprang up and grew in England, but is now withered by the poisonous blasts of Scottish tyranny, may revive and flourish, sheltering under its salubrious and interminable shade all the unfortunate of the human race.’
The principles which this speech contains, are manifestly those which were then acted upon. To remove all doubt on this point, I will make a short extract from the Declaration of Independence, in Congress assembled, fourth of July, 1776. ‘We, the representatives of these United States of America, in general Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, and by the authority of the good people of these Colonies, solemnly publish and declare, that these united colonies are, and of right ought to be, free and independent States. (And now for the pledge.) We mutually pledge to each other our lives, our fortunes, and our sacred honor.’ The representatives who composed that Congress were fifty-five in number, and all signed the declaration and pledge in behalf of the good people of the thirteen States.
Now I would ask, can it be said, from any fair construction of the foregoing extracts, that the colored people are not recognized as citizens? Congress drew up articles of confederation also, among which are found the following reserved state privileges. ‘Each state has the exclusive right of regulating its internal government, and of framing its own laws, in all matters not included in the articles of confederation, and which are not repugnant to it.’ Another article reads as follows: ‘There shall be a public treasury for the service of the con-federation, to be replenished by the particular contributions of each state, the same to be proportioned according to the number of inhabitants of every age, sex, or condition, with the exception of lndians.’
These extracts are sufficient to show the civil and political recognition of the colored people. In addition to which, however, we have an official acknowledgment of their equal, civil, and political relation to the government, in the following proclamation of Major General An-drew Jackson, to the colored people of Louisiana, Sept. 21, 1814; also of Thomas Butler, Aid[e] de Camp:
‘Head Quarters, Seventh Military District, Mobile, September 21, 1814. To the Free Colored Inhabitants of Louisiana.
‘Through a mistaken policy you have heretofore been deprived of a participation in the glorious struggle for national rights, in which our country is engaged. This no longer shall exist.
‘As sons of Freedom, you are now called upon to defend our most inestimable blessing. As Americans, your country looks with confidence to her adopted children, for a valorous support, as a faithful return for the advantages enjoyed under her mild and equitable government. As fathers, husbands, and brothers, you are summoned to rally round the standard of the Eagle, to defend all which is dear in existence.
‘Your country, although calling for your exertions, does not wish you to engage in her cause, without remunerating you for the services rendered. Your intelligent minds are not to be led away by false representations-your love of honor would cause you to despise the man who should attempt to deceive you. In the sincerity of a soldier, and the language of truth, I address you.
‘To every noble hearted free man of color, volunteering to serve
during the present contest with Great Britain and no longer, there will be paid the same bounty in money and lands, now received by the white soldiers of the United States, viz., one hundred and twenty-four dollars in money, and one hundred and sixty acres of land. The non-commissioned officers and privates will also be entitled to the same monthly pay and daily rations and clothes, furnished to any American soldier.
‘On enrolling yourselves in companies, the Major General commanding, will select officers for your government, from your white fellow citizens. Your non-commissioned officers will be appointed from among yourselves.
‘Due regard will be paid to the feelings of freemen and soldiers. You will not, by being associated with white men in the same corps, be exposed to improper comparisons or unjust sarcasm. As a distinct, in-dependent battalion or regiment, pursuing the path of glory, you will, undivided, receive the applause and gratitude of your countrymen.
‘To assure you of the sincerity of my intentions, and my anxiety to engage your invaluable services to our country, I have communicated my wishes to the Governor of Louisiana, who is fully informed as to the manner of enrolments, and will give you every necessary information on the subject of this address.
‘ANDREW JACKSON, Major General Commanding.· ‘Proclamation to the Free People of Color.
‘Soldiers!-When on the banks of the Moble, I called you to take
arms, inviting you to partake the perils and glory of your white fellow citizens, / expected much from you; for I was not ignorant that you possessed qualities most formidable to an invading enemy. I knew with what fortitude you could endure hunger and thirst, and all the fatigues of a campaign. / knew well how you loved your native country, and that you had, as well as ourselves, to defend what man holds most dear-his parents, relations, wife, children and property: You have done more than I expected. In addition to the previous qualities I before knew you to possess, I found moreover, among you, a noble enthusiasm which leads to the performance of great things.
‘Soldiers!-The President of the United States shall hear how praiseworthy was your conduct in the hour of danger, and the representatives of the American people will, I doubt not, give you the praise your exploits entitle you to. Your General anticipates them in ap-plauding your noble ardor.
‘The enemy approaches, his vessels cover our lakes; our brave citizens are united, and all contention has ceased among them. Their only dispute is, who shall win the prize of valor, or who the most glory, its noblest reward.
‘By Order, THOMAS BUTLER, Aide de Camp.’
All the civil and political disabilities of the colored people, are the effect of usurpation. It is true, slavery is recognized by the articles of confederation; but there is not a public document of the government, which recognizes a colored man as a slave, not even in the provision for Southern representation.
When fugitive slaves are demanded by Southern slaveholders, they are recovered by virtue of a provision made to recover prisoners held to labor, in the state from whence they have absconded; but how that provision can be construed in such a manner, as to give them that advantage, I cannot conceive. I am satisfied, that it only serves as a pretext to justify a base perversion of the law, for the sake of pleasing evil doers. In the first place, a slave is not held to labor legally in slave states, because, according to the extract I have made, viz., that each state has a right to frame laws which are not prejudicial to the articles of confederation; there is a limitation to which every other article of the document is subject. Now, what says another article of confederation? Why, that a person held to labor, shall be recovered. But in what way held? Upon this the articles of confederation, are silent; in fact, they may as well be silent; for had they pointed out the manner of persons being held to labor, they would have assumed the province of common law; this, the framers of the constitution and documents of confederation, knew full well; and the administrators of justice now know, that no person under heaven can be held to labor, other than by virtue of a contract, recognizable by common law. Neither do the administrators of justice, found their decisions on any thing found in the articles of confederation; for a proof of which, I will call the attention of my readers to the following considerations.
If a white person is arraigned before a justice, as a fugitive slave, it
would not be all the evidence that could be collected to prove him a slave, however true, that would induce a justice at the North to give him up, if he were able to prove that he was of white parentage. It would be the same, in case that an Indian was arraigned. There have been such claims made, I believe, and the defendants acquitted, even where there was proof positive, on the part of the claimant. This is proof positive, that decisions in such cases are not founded on a sentence contained in the articles of confederation, for there is nothing said, in that instrument, about nation or complexion; but persons held to labor. Now, if it is by virtue of that instrument, that the black man is held to labor, why not hold the white person, and the Indian, by the same power? And if they cannot be held by that instrument, how can any person be held, when no particular person is described? It is evident that decisions in favor of claimants are founded in the fact of the defendants being a black person, or descendants of blacks or Africans. Now, for all this mode of administering justice, there cannot be found a single sentence of justification, in any public document in the country, except such as have been framed by individual states; and these are prejudicial to the articles of confederation. If there is any thing in the articles of confederation, which justifies such a course of procedure, I have never found it. Only think, if one is claimed who is black, or who is a descendant of a black, (though he be whiter than a white man,) he must be given up to hopeless bondage, by virtue of the articles of confederation, when there is not a word about black contained in the instrument; whereas, if a white person be claimed, if he is half negro, if he can prove himself legally white, or of white parentage, he is acquitted. This course of conduct would be scouted by heathens, as a gross libel upon humanity and justice. It is so; and a violation of the Constitution, and of the Bill of Rights-the rights of the people; and every State which connives at such robbing in high places, clothed with a legal form, without a vestige of legal authority; and that too, are having taken the tremendous oath, as recorded in the Declaration of lndependence, ought to have perjury written upon their statute books, and upon the ceiling of their legislative halls, in letters as large as their crime, and as black as the complexion of the injured.
Excuses have been employed in vain to cover up the hypocrisy of this nation. The most corrupt policy which ever disgraced its barbarous ancestry, has been adopted by both church and state, for the avowed purpose of withholding the inalienable rights of one part of the subjects of the government. Pretexts of the lowest order, which are neither witty or decent, and which rank among that order of subterfuges, under which the lowest of ruffians attempt to hide, when exposed to detection, are made available. Indeed, I may say in candor, that a highwayman or assassin acts upon principles far superior, in some respects, in comparison with those under which the administrators of the laws of church and state act, especially in their attempts to hide themselves and their designs from the just censure of the world, and from the burning rays of truth. I have no language to express what I see, and hear, and feel, on this subject. Were I capable of dipping my pen in the deepest dye of crime, and of understanding the science of the bottomless pit, I should then fail in presenting to the intelligence of mortals on earth, the true nature of American deception. There can be no appeals made in the name of the laws of the country, of philanthropy, or humanity, or religion, that is capable of drawing forth any thing but the retort,-you are a negro! Ifwe call to our aid the thunder tones of the cannon and the arguments of fire arms, (vigorously managed by black and white men, side by side,) as displayed upon Dorchester Heights, and at Lexington, and at White Plains, and at Kingston, and at Long Island, and elsewhere, the retort is, you are a negro-if we present to the nation a Bunker’s Hill, our nation’s altar, (upon which she offered her choicest sacrifice,) with our fathers, and brothers, and sons, prostrate thereon, wrapped in fire and smoke-the incense of blood borne upward upon the wings of sulphurous vapor, to the throne of national honor, with a halo of na-tional glory echoing back, and spreading and astonishing the civi-lized world;-and ifwe present the thousands of widows and orphans, whose only earthly protectors were thus sacrificed, weeping over the fate of the departed; and anon, tears of blood are extorted, on learn-ing that the government for which their lovers and sires had died, refuses to be their protector;-if we tell that angels weep in pity, and that God, the eternal Judge, ‘will hear the desire of the humble, judge the fatherless and the oppressed, that the man of the earth may no more oppress,’-the retort is, YOU ARE A NEGRO! If there is a spark of honesty, patriotism, or religion, in the heart or the source from whence such refuting arguments emanate, the devil incarnate is the brightest seraph in paradise.
Public domain.