Imágenes de páginas
PDF
EPUB
[blocks in formation]

of the annual meeting of that body, lately held in Philadelphia.

To the Senate and House of Representatives of the

United States, in Congress assembled:

The memorial and address of the people called Quakers, from their yearly meeting held in Philadelphia, by adjournments from the 25th of the 9th month, to the 29th of the same, inclusive, 1797, respectfully sheweth :

That, being convened, at this our annual solemnity, for the promotion of the cause of truth and righteousness, we have been favored to experience religious weight to attend our minds, and an anxious desire to follow after those things which make for peace; among other investigations the oppressed state of our brethren of the African race has been brought into view, and particularly the circumstances of one hundred and thir ty-four in North Carolina, and many others.whose cases have not so fully come to our knowledge, who were set free by members of our religious society, and again reduced into cruel bondage, under the authority of existing or retrospective laws; husbands and wives, and children, separated, one from another; which, we apprehend to be an abominable tragedy, and with other acts, of a similar nature, practised in other States, has a tendency to bring down the judgments of a righteous God upon our land.

This city and neighborhood, and some other parts, have been visited with an awful calamity, which ought to excite an inquiry in the cause and endeavors to do away those things which occasion the heavy clouds that hang over us. It is easy with the Almighty to bring down the loftiness of men by diversified judgments, and to make them fear the rod and Him that hath appointed it.

We wish to revive in your view the solemn engagement of Congress, made in the year one thousand seven hundred and seventy-four, as follows:

"And, therefore, we do for ourselves, and the inhabitants of the several colonies, whom we represent, firmly agree and associate, under the sacred ties of virtue, honor, and love of our country, as follows:

"Article 2. We will neither import nor purchase any slaves imported after the first day of December next, after which time we will wholly discontinue the slave trade, and will neither be concerned in it ourselves, nor will we hire our vessels, nor sell our commodities or manufactures to those who are concerned in it.

"Article 3. And will discountenance and discourage every species of extravagance and dissipation, especially horse-racing, and all kinds of gaming, cock fighting, exhibitions of shows, plays, and other expensive diver

sions and entertainments."

This was a solemn league and covenant, made with the Almighty in an hour of distress, and He is now calling upon you to perform and fulfil it; but how has this solemn covenant been contravened by the wrongs and cruelties practised upon the poor African race, the increase of dissipation and luxury, and the countenance and encouragement given to play-houses, and other vain amusements! And how grossly is the Almighty affronted on the day of the celebration of Independence! What rioting and drunkenness, chambering and wantonness! to the great grief of sober inhabitants, and the disgrace of our national character.

National evils produce national judgments; we therefore fervently pray the Governor of the Universe may enlighten your understandings and influence your

[H. OF R.

minds, so as to engage you to use every exertion in your power, to have these things redressed.

With sincere desires for your happiness here and hereafter, and that, when you come to close this life, formerly: "Remember now, O Lord, I beseech thee, you may individually be able to appeal as a Ruler did how I have walked before thee, in truth and with a perfect heart, and have done that which is good in thy sight."

We remain your friends and fellow-citizens. Signed in and on behalf of the said meeting, by JONATHAN EVANS, Clerk to the meeting this year.

The memorial having been read by the Clerk, Mr. GALLATIN moved that it be read a second time.

Mr. HARPER hoped not. This was not the first, second, or third time, that the House had been troubled with similar applications, which had a tendency to stir up a class of persons to inflict calamities which would be of greater consequence than any evils which were at present suffered; and this, and every other Legislature, ought to set their faces against remonstrances complaining of what it was utterly impossible to alter.

Mr. THATCHER hoped the petition would have a second reading, and be committed. It appeared to him that this would be the regular way of getting rid of the difficulty which was apprehended. The gentleman who had just sat down said, that this was not the first, second, or third time, that the House had been troubled with similar petitions. This, he said, was natural. If any number of persons considered themselves aggrieved, it was not likely they should leave off petitioning, until the House should act upon their petition. He thought this was what they ought to do. If the Quakers thought themselves aggrieved, it was their duty to present their petition, not only three, five, or seven times, but seventy times, until it was attended to. Gentlemen, therefore, who wished not to be troubled again, ought to be in favor of a second reading and reference. At present, they did not know what the particular grievance complained of was, nor whether it could or could not be remedied. He believed that one of the subjects plained of in a memorial presented at the last sesof complaint had a reference to a matter comsion, respecting some dark-complexioned citizens of North Carolina, who were injured by the operation of an act of the United States called the Fugitive Act; but as it was the wish of the House at that time, the petition was ordered to lie on the not to enter upon any business of a private nature table. It appeared, therefore, highly proper that this petition should be referred, as was customary, to a committee, that this grievance might be remedied.

Mr. LYON said it appeared to him that the gentleman from South Carolina (Mr. HARPER) had not attended to the subject-matter of the petition, or he would not have objected to its being read a second time. There was a grievance complained of, which certainly ought to be remedied, viz: that a certain number of black persons who had been set at liberty by their masters, were now held in

[blocks in formation]

slavery, contrary to right. He thought this ought to be inquired into.

[NOVEMBER, 1797.

Mr. GALLATIN said it was the practice of the House, whenever a memorial was presented, to Mr. RUTLEDGE should not be opposed to the have it read a first and a second time, and then to second reading and reference of this memorial, if commit it, unless it were expressed in such indehe thought the strong censure they deserved would cent terms as to induce the House to reject it, or be the report of a committee. This censure, he upon a subject upon which petitions had been thought, this body of men ought to have; a set of lately rejected by a large majority of the House. men who attempt to seduce the servants of gentle-In no other case were petitions rejected without men travelling to the seat of Government, who examination and without discussion. He said were incessantly importuning Congress to inter- without examination, and without discussion, befere in a business with which the Constitution had cause it was impossible, upon a single reading of said they had no concern. If he was sure this a petition, to be able to form a sound judgment conduct would be reprobated, he would cheerfully upon it. Indeed, seeing the way in which the vote for a reference of the present petition; but not gentleman from South Carolina (Mr. RUTLEDGE) believing this would be the case, he should be for had treated the subject, no cool examination could its laying on the table, or under the table, that be expected at present; in the moment of passion they might not only have done with the business it would be best not to decide, but to send the for to-day, but finally. At a time when some na-tition to a committee. What was the objection tions were witnesses of the most barbarous and to this mode of proceeding? It was that the subhorrid scenes, these petitioners are endeavoring to ject would shake a certain kind of property. How incite a class of persons to the commission of sim- so? A petition that reminds us of the fate of cerilar enormities. He thought the matter of the tain blacks in this country, which did not refer greatest importance, and that the reference ought to slaves, but to free men. This petition was to by no means to be made. A gentleman before shake property! In the same manner it might be him (Mr. LYON) had said that they had certainly said that the law of Pennsylvania for the gradsomething to do with the detention of freemen in ual abolition of slavery had also a tendency to deslavery. If the fact were as stated, (which he stroy that property; or that the legislative decision doubted,) redress ought to be sought by means of of the State of Massachusetts that there shall be a court of justice, and not by petitioning that no slaves under their Government, would have House. that effect. But it was said the characters of the petitioners was such as they ought to brand with the mark of disapprobation.

pe

Mr. SWANWICK was sorry to see so much heat produced by the introduction of this petition. He himself could see no reason why the petition should In support of this charge, it was alleged that not be dealt with in the ordinary way. If the pe- they were not satisfied with petitioning, but they titioners asked for any thing which it was not in attempted to debauch and seduce servants-to rob the power of the House to grant, it would be of gentlemen of their property. He did not know course refused; but this was no reason why their to what the gentleman who made this assertion petition should not be treated with ordinary re- alluded; but he believed, if the matter was fairly spect. In this memorial, he said, sundry things stated, whatever may have been done in the State were complained of; not only slavery, but several of Pennsylvania, has been no more than an enother grievances. For instance, play-houses were deavor to carry into full effect the laws of the complained of, whether justly or not, he was not State, which say, that "all men are free when about to decide. With respect to the grievance they set their foot within the State," excepting mentioned in North Carolina, something perhaps only the servants of Members of Congress. As might be done to remedy it, without affecting the to the moral character of this body of people, property which gentlemen seemed so much alarmed though a number of their principles were differabout. He could not suppose there was a disposi-ent from those which he professed, he believed it tion in the House to violate the property of any man; there was certainly as strong a disposition in the Middle States as in the Southern, to hold inviolable the right of property; nor could he see any reasonable ground for throwing this petition under the table. If these people were wrong in their understanding of this subject, it would be best to appoint a committee to set them right. He was sorry to hear gentlemen charge so respectable a body of men in that House with attempting to seduce and debauch their servants; for, if this were the case, redress could doubtless be had in a court of justice. The uncommon warmth which was shown on the occasion would lead persons to believe that gentlemen were afraid of having the matter looked into, as this was generally the temper resorted to when argument was wanting. He hoped the memorial would be dealt with in the

usual way.

could not be said, with truth, that they were friends to any kind of disorder; and he was surprised to hear gentleman suppose that they could or would do any thing which would throw into disorder any part of the Union. On the contrary, he believed them to be good friends of order. Mr. G. said he wished to have avoided a discussion of the merits of the memorial; but when they were told it was improper to do any thing on the subject, it became necessary. He knew it was in their power to do something. They might lay a duty of ten dollars a head on the importation of slaves; he knew a memorial had been presented at a former session respecting the kidnapping of negroes, which had been favorably reported upon. Finally, the present memorial did not apply only to the blacks, but to other objects. With respect to plays, they had a motion last session before them for laying a tax upon them, which had a re

[blocks in formation]

ference to the subject. By committing this memorial, they should give no decision. If the committee reported they could do nothing in the business, and the House agreed to the report, the matter would be closed in a much more respectful way than by throwing the petition under the table.

Mr. SEWALL said, the gentleman last up had stated two cases in which petitions had been received without a commitment. He might have added a third, more applicable to the present memorial. This was when a petition was upon matter over which this House had no cognizance, especially if it were of such a nature as to excite disagreeable sensations in one part of the House, who were concerned in property which was already held under circumstances sufficiently disagreeable. In such cases, they ought at once to reject the memorial, as it would be mispending time to commit it. If, for instance, a petition should be presented, complaining that a person had refused to discharge an obligation to another, it would be at once acknowledged that the House could not enforce the obligation; but application must be made to a court of justice. So in this case; the petitioners complain of a law of North Carolina. This House, he said, could not change that law. If any thing was done there contrary to right, the courts of that State, as well as those of the United States, were open to afford redress. It was their business, and not the business of that House. They did not come there to act upon subjects agreeable to their feelings, but upon such as the Constitution had placed in their hands. The gentleman from Pennsylvania had said they might impose a tax of ten dollars upon the importation of every slave. Would this, he asked, relieve the petitioners? No. If they could prevent the kidnapping of negroes, it was well; but nothing was aimed at of this sort in this petition. He recollected a former instance of this kind, but the issue of the business showed that nothing could be done without injuring the public more than individuals would be benefited. The petition alluded to stage plays. With what view? To revenue? No; but to a correction of them with respect to morals. It was not within their province to do this, but under the power of the State Governments. If they were taken up for the sake of revenue, they did not come within the purview of this petition, but of the Committee of Ways and Means. Upon the whole, as he considered this as a dangerous business, and that they could do nothing to gratify the feelings of the petitioners, he would not wish to treat the application with contempt, but let it lie on the table.

Mr. MACON said, there was not a gentleman in North Carolina who did not wish there were no blacks in the country. It was a misfortune-he considered it as a curse; but there was no way of getting rid of them. Instead of peace-makers, he looked upon the Quakers as war-makers, as they were continually endeavoring in the Southern States to stir up insurrections amongst the negroes. It was unconstitutional, he said, in these men to desire the House to do what they had no

[H. OF R.

power to do; as well might they ask the President of the United States to come and take the Speaker's chair. There was a law in North Carolìna, he said, which forbade any person from holding either a black or white person as a slave after he had been set at liberty. The one hundred and thirty-four negroes alluded to in the petion, he knew nothing of. In the war, he said, the Quakers in their State were generally Tories. They began to set free their negroes, when the State passed a law that they should not set them free. If these people were dissatisfied with the law, they had nothing to do but transport their negroes into Pennsylvania, where, the gentleman from that State had told them, they would be immediately free. This subject had already been before the House, but they declined doing any thing in it. It was extraordinary that these people should come, session after session, with their petitions on this subject. They had put playhouses into their memorial; but they had nothing to do with them. In this State, he believed, the Legislature had passed a law authorizing them. It was altogether a matter of State policy. The whole petition was, indeed, unnecessary. only object seemed to be to sow dissension. A petition could not come there touching any subject on which they had power to act, which he should not be in favor of committing; but this thing being wrong in itself, it was needless to commit it, as no single purpose could be answered by it.

The

Mr. ALLEN was in favor of a second reading and committal. He did not know that no good could arise from such a proceeding. He wished time to consider the matter. He had another reason against getting rid of this business. When the debate upon this question came to be faithfully reported, it might be said that the society of Quakers had been found guilty of such foul conduct, that their petition to the House had been thrown under the table. Another reason. Last Summer, along with other strangers, he went to see the new jail of the city, where he was shown a man who had been a manumitted slave; but after being free twenty years, he was apprehended under the fugitive law, and was there imprisoned. If this were so, it was necessary that this law should be revised. He hoped, therefore, the petition might be committed, and that this evil might be remedied. At all events, he trusted the petition would not be rejected, as it would be highly disrespectful to a society of men revered by every man who set a value upon virtue and integrity.

Mr. LIVINGSTON said, if he could believe that the persons who presented this petition were of the description which they had been represented; that they endeavored to raise insurrections in one part of the country, and practised robbery in another, he should not be inclined to pay much respect to them. But he did not believe these charges; he believed them indiscriminately made and unfounded. It was possible that a member of this community, as well as of any other, might be of this description; but, as against the body, he knew the charges were unworthily made. He was

[blocks in formation]
[ocr errors]

[NOVEMBER, 1797.

growth of them. To refer a petition of this sort, therefore, to a committee would answer no purpose. He did not think they were more obliged to take up the business than if they had read the address in a newspaper.

acquainted with many of these persons in those States where they were most numerous, and he was certain they did not deserve the character given them. Therefore, as the matter respected the petitioners, the petition ought not to be thrown under the table. Let us now, said he, examine Mr. BAYARD said it might be inferred, from the the request, and see whether it be so improper and anxiety and warmth of gentlemen, that the quesimpracticable as to make us say, on its first read-tion before them was, whether slavery should or ing, we have heard enough. What do they ask? should not be abolished. The present was, howThey say a certain number of citizens are deprived ever, very remote from such a question, as it was of what belongs to them; and can we say we will merely whether a memorial should be read a senot grant relief? No, said he, we cannot, before cond time. The contents of this memorial, he the business is inquired into, as it would be acting said, were right or wrong, reasonable or unreasonunlike the Legislature of a great nation. If they able; if right, it was proper it should go to a said this application was so improper as not to be committee; and if wrong, if so clearly absurd as committed, what did they say to their predecessors it had been represented, where would be the evil who sat in that House a few months ago, who not of a reference for a report thereon? He did not only received an application of a similar kind, but like things to be decided in the moment of passion, a committee reported in its favor. They said uni- but from the fullest consideration. In some counversal emancipation is not in our power, but the tries they knew persons accused of crimes were evil is one for which a partial remedy may be pro- condemned without a hearing, but there could be vided. The want of time only prevented its be- but one sentiment as to the injustice of such a proing acted upon. This was a subject upon whichceeding. There could be no objection, therefore, they might at least debate; he could not say whe- upon general principles, to the reference of this ther they could afford a remedy or not. His im- petition. But it was said it was not to be sent, pressions were they could not, but he would not because of the general habits of this society. He say they never could. He did not think they believed there was no body of men more respectashould do the duty which he was sent there to do, ble; they were obedient, and contributed cheerby saying so, which was to follow the dictates of fully to the support of Government; and, either a sober judgment, after facts were fairly and fully politically or civilly speaking, as few crimes could stated. He thought it best to follow the usual be imputed to that body as to any other. course, by appointing a committee, who would examine the matter and report what was best to be done, which the House could agree to or not, as they saw proper. He thought it would be for the advantage of those States most interested in the question, that it should be fully discussed and impassionately decided upon; for, so long as the petitions of these persons were neglected or treated with contempt, so long would they conceive they were unjustly treated, and continue their applications for redress.

Mr. L. said there were a number of general reflections contained in the memorial, upon the growth of vice and immorality, to the suppression of which he did not see that the power of Congress extended. They particularly pointed at the establishment of play-houses; but it might be remarked that these gentlemen, so averse to the establishment of play-houses, have not written their memorial without borrowing language from them, as they term the evil which they speak of "a terrible tragedy."

Mr. ISAAC PARKER was of opinion with the gentleman from Pennsylvania, (Mr. GALLATIN,) with respect to the disposal of petitions. But it appeared to him that the subject-matter of all petitions should be within the view and authority of the House; if not, to refer them would certainly be a waste of time. He had attended to the petition, and he did not think there was a single object upon which it was in their power to act. Nothing was prayed for. The petitioners speak of the slave trade, and, in general terms, of the immorality of the times, as injurious to the state of society; and wish some means may be taken to prevent the

This memorial, he said, had been treated as coming from an Abolition Society-it was a memorial of the General Meeting of the people called Quakers; and if only out of respect to that body, it ought to be referred. But it was said it did not contain matter upon which the House could act. Gentlemen seemed not to have attended to the subject-matter of the petition. He did not believe that the House had the power to manumit slaves, but he believed there was not a word in the petition which had a reference to slavery. The petitioners state, indeed, that a number of negroes, not slaves, for negroes may be free, had been taken again into slavery, after they had been freed by their masters. He wished to know whether the House had not jurisdiction over this matter? He was warranted by the Constitution in saying they had, because that instrument says that no State shall make ex post facto laws. It belonged to that House, therefore, to see that the Constitution was respected, as it could not be expected from the justice of the individual States, that they would repeal such laws. It rested, therefore, with the Government of the United States to do it. Mr. B. read the clause of the Constitution touching this matter, and concluded by reminding the House that this was not an ultimate decision, but merely a reference.

Mr. JOSIAH PARKER said he was always inclined to lend a favorable ear to petitioners of every kind but when memorial was presented to the House contrary to the nature of the Government, he should consent to its lying on the table or under it. No one, he said, could say they had a right to legislate respecting the proceedings of any indi

NOVEMBER, 1797.]

Memorial of Quakers.

[H. of R.

vidual State; they, therefore, had no power to de- be taken from him. He did not think it necessacide on the conduct of the citizens of North Caro- ry, and he doubted not, if a fair investigation took lina in the matter complained of. Petitions had place, that this kind of property would be brought frequently come from Quakers and others on this into the situation in which every man of sense subject; whereas this Government had nothing to would place it. He was firmly of an opinion, that do with negro slavery, except that they might lay to appear to be afraid of an inquiry would do more a tax upon the importation of slaves. He recol-harm to this property than a fair investigation. lected, when the subject was brought before the He trusted, therefore, the petition would be comHouse in the first Congress held at New York. mitted. wishing to put a stop to the slave trade as much as possible, being a friend of liberty, he took every step in his power, and brought forward a proposition for laying a tax of ten dollars upon every slave imported. It was not agreed to; but there was only one State (Georgia) in which the im-lina, he thought it his duty positively to contraportation of slaves was admitted. Since the establishment of this Government, Mr. P. said, the situation of slaves was much ameliorated, and any interference now might have the effect to make their masters more severe. He knew of no part of the Constitution which gave them power over horse-racing and cock-fighting, nor could they interfere with respect to play-houses; and where they had no right to legislate, they had no right to speak at all. As the session had begun harmoniously, he hoped that harmony would not be broken in upon by such applications as the present. Mr. P. produced a precedent from the Journals of 1792, where a memorial of Warner Mifflin, a Quaker, after being read, was ordered to lie on the table, and two days afterwards returned to the memorialist.

Mr. BLOUNT hoped this memorial would not be committed. As this was not the first time the society of Quakers had come forward with petitions to the House, seemingly with no other view than to fix an odium on the State of North Carodict a fact stated in this memorial. It was stated that 134 persons, set free from slavery in North Carolina, had been since enslaved by cruel retrospective, or ex post facto laws; they alleged that certain members of their society had done what no person was permitted to do. Mr. B. read part of a law of North Carolina, stating "that no negro or mulatto slave shall be set free, except for meritorious services, acknowledged by a license of the court; and when any person shall be set free contrary to this law, he may be seized and sold as a slave," &c. He also read a clause from another law, passed afterwards, stating that several persons having set at liberty their slaves contrary to law, and persons having taken up and sold them, are doubtful of the validity of the sale, and that this law is passed to do away all doubts of such validity. Mr. B. said these extracts proved the assertion untrue.

ers, if their petition was not referred, and the merits of the petition itself.

Mr. NICHOLAS felt as much as other gentlemen from the Southern States on the subject of the present petition, but his feelings did not produce Mr. GORDON lamented that this discussion had the same effects. He was not afraid of an inter- taken place, as it was certain that wherever inteference from the United States with their property, rest is concerned, some degree of warmth will be nor of any investigations or discussions respecting produced; and when a petition was brought forit. He believed it would be to the honor of peo- ward which might affect the property of many ple holding property in slaves, that the business gentlemen in this House, and their constituents, should be looked into. He thought such an in- it could not be expected they would hear it with quiry would rather secure than injure their pro- the same calmness with persons wholly unconperty. He did not think it was the interest of cerned about it. All that had been advanced in slaveholders to cover improper practices. He was favor of the second reading of the petition was, satisfied, that in the part of the country where he the respectability of the persons presenting it, the lived, there was no disposition to protect injuries-opinion that would be entertained of the petitionno disposition to reject an inquiry, or to refuse to understand a complaint. They had been told that the state of the negroes, whose cases were men- With respect to the persons of the petitioners, tioned in the memorial, might be produced by the he felt inclined to do them every justice; but fugitive law; they had before heard that this law he did not think this any reason for acting upon had operated mischievously. It ought, therefore, their memorial, unless some good consequence to be inquired into. On inquiry. Mr. N. said, it could arise from it, any more than if they were the would not be found the fault of the Southern vilest persons on earth. As to the opinion that States that slavery was tolerated, but their mis- might be entertained out of doors, as the petition fortune; but to liberate their slaves at once, would was not examined, he was not afraid that the citibe to act like madmen; it would be to injure all zens of the United States would believe that the parts of the United States as well as those who House could be so far lost to its duty as not to look possess slaves. It was their duty, however, to into a question of this kind, but that it would be remedy evils; they were unfortunately placed in conceived, if rejected, that they had nothing to do a situation which obliged them to hold slaves, but with it. The other reason, the only material one, they did not wish to extend the mischief. He was to the merits of the petition. The gentleman should, indeed, be sorry if his possessing property from Delaware, (Mr. BAYARD,) who had examinof this kind, obliged him to cover the violation of ed the business with much coolness and ability, another man's right; if this were the case, he had stated that a certain ex post facto law of North should think it necessary that his property should | Carolina had occasioned grievances. Admitting

« AnteriorContinuar »