VOL. IV.

T. W. WHITE, Editor and Proprietor.

RICHMOND, OCTOBER, 1838.

MEMOIR ON SLAVERY.

Read before "the South Carolina Society for the Advancement

of Learning."

BY JUDGE HARPER, OF SOUTH CAROLINA.*

The institution of domestic slavery exists over far the greater portion of the inhabited earth. Until within a very few centuries, it may be said to have existed over the whole earth at least in all those portions of it which had made any advances towards civilization. We might safely conclude then that it is deeply founded in the nature of man and the exigencies of human society. Yet, in the few countries in which it has been abolished-claiming, perhaps justly, to be farthest advanced in civilization and intelligence, but which have had the smallest opportunity of observing its true character and effects-it is denounced as the most intolerable of social and political evils. Its existence, and every hour of its continuance, is regarded as the crime of the communities in which it is found. Even by those in the countries alluded to, who regard it with the most indulgence or the least abhorrence--who attribute no criminality to the present generation-who found it in existence, and have not yet been able to devise the means of abolishing it, it is pronounced a misfortune and a curse, injurious and dangerous always, and which must be finally fatal to the societies which admit it. This is no longer regarded as a subject of argument and investigation. The opinions referred to are assumed as settled, or the truth of them as self-evident. If any

republish, with the author's corrections, from the Southern

No. X.

FIVE DOLLARS PER ANNUM.

voice is raised among ourselves to extenuate or to vindicate, it is unheard. The judgment is made up. We can have no hearing before the tribunal of the civilized

world.

Yet, on this very account, it is more important that we, the inhabitants of the slave holding states of America, insulated as we are, by this institution, and cut off, in some degree, from the communion and sympathies of the world by which we are surrounded, or with which we have intercourse, and exposed continually to their animadversions and attacks, should thoroughly understand this subject and our strength and weakness in relation to it. If it be thus criminal, dangerous and fatal; and if it be possible to devise means of freeing ourselves from it, we ought at once to set about the employing of those means. It would be the most wretched and imbecile fatuity, to shut our eyes to the impending dangers and horrors, and "drive darkling down the current of our fate," till we are overwhelmed in the final destruction. If we are tyrants, cruel, unjust, oppressive, let us humble ourselves and repent in the sight of Heaven, that the foul stain may be cleansed, and we enabled to stand erect as having common claims to humanity with our fellow-men.

But if we are nothing of all this; if we commit no injustice or cruelty; if the maintenance of our institutions be essential to our prosperity, our character, our safety, and the safety of all that is dear to us, let us enlighten our minds and fortify our hearts to defend them. It is a somewhat singular evidence of the indisposition of the rest of the world to hear any thing more on this subject, that perhaps the most profound, original and *We make no apology for laying before our readers this truly philosophical treatise, which has appeared withvery able paper by Judge Harper of South Carolina, which we in the time of my recollection,* seems not to have Literary Journal.' Whilst we have carefully excluded from attracted the slightest attention out of the limits of the our columns all discussions of a mere party character, we are slave holding states themselves. If truth, reason and not willing to withhold a calm, powerful and argumentative ap- conclusive argument, propounded with admirable tempeal, upon a subject vitally affecting the well-being, and very per and perfect candor, might be supposed to have an existence of the republic. It is not to be disguised that an infu-effect on the minds of men, we should think this work riated, but we hope in point of numbers at least, ar insignificant class of our northern brethern, have for some time past been employed in schemes and agitations which if not rebuked by the stern voice of public reprobation, may lead to the most frightful consequences. To avert them, we invoke the aid of the more liberal and enlightened of our countrymen north and east ;-for it is upon them we solemnly believe that the chief responsibility rests of extinguishing the wild fire of fanaticism kindled among them, which, in its destructive course, is rapidly severing the bonds of brotherhood and turning even the milk of female kindness into the gall of bitterness.

would have put an end to agitation on the subject. The author has rendered inappreciable service to the south in enlightening them on the subject of their own institutions, and turning back that monstrous tide of folly and madness which, if it had rolled on, would have involved his own great state along with the rest of the slave holding states in a common ruin. But be yond these, he seems to have produced no effect whatever. The denouncers of slavery, with whose productions the press groans, seem to be unaware of his existence-unaware that there is reason to be encountered, or argument to be answered. They assume that the truth is known and settled, and only requires to be enforced by denunciation.

Whilst we commend to the attention of our readers the candid, philosophical, and eloquent memoir of Judge Harper, we do not wish to be understood as assenting to all his arguments and conclusions. The Judge is rather ultra in some of his views, and so, we think, are most of the South Carolina gentlemen, who have written upon the perplexing and delicate subject of slavery in the abstract. The safer and more rational course, it seems to us, would be, to treat the whole question as one of fedAnother vindicator of the south has appeared in an eral compact, and exclusive domestic or state regulation. Upon individual who is among those that have done honor to that ground the whole south is, and will be, unanimous in main-American literature. With conclusive argument, and taining its rights; whereas there is danger of divisjon, if we attempt to intermingle with it principles of ethics which cannot be grasped or received by every mind.--[Ed. So. Lit. Mess.

President Dew's Review of the Virginia Debates on the subject of Slavery.

Paulding on Slavery.

VOL. IV-77

great force of expression he has defended slavery from | blunts the perceptions, and darkens and confuses the the charge of injustice or immorality, and shewn clearly understandings and moral feelings of men. Tell them the unspeakable cruelty and mischief which must result from any scheme of abolition. He does not live among slave holders, and it cannot be said of him as of others, that his mind is warped by interest, or his moral sense blunted by habit and familiarity with abuse. These circumstances, it might be supposed, would have secured him hearing and consideration. He seems to be equally unheeded, and the work of denunciation, disdaining argument, still goes on.

President Dew has shewn that the institution of slavery is a principal cause of civilization. Perhaps nothing can be more evident than that it is the sole cause. If any thing can be predicated as universally true of uncultivated man, it is that he will not labor beyond what is absolutely necessary to maintain his existence. Labor is pain to those who are unaccustomed to it, and the nature of man is averse to pain. Even with all the training, the helps and motives of civilization, we find that this aversion cannot be overcome in many individuals of the most cultivated societies. The coercion of slavery alone is adequate to form man to habits of labor. Without it, there can be no accumulation of property, no providence for the future, no taste for comforts or elegancies, which are the characteristics and essentials of civilization. He who has obtained the command of another's labor, first begins to accumulate and provide for the future, and the foundations of civilization are laid. We find confirmed by experience that which is so evident in theory. Since the existence of man upon the earth, with no exception whatever, either of ancient or modern times, every society which has attained civilization, has advanced to it through this process.

that, of necessity, in every civilized society, there must be an infinite variety of conditions and employments, from the most eminent and intellectual, to the most servile and laborious; that the negro race, from their temperament and capacity, are peculiarly suited to the situation which they occupy, and not less happy in it than any corresponding class to be found in the world; prove incontestibly that no scheme of emancipation could be carried into effect without the most intolerable mischiefs and calamities to both master and slave, or without probably throwing a large and fertile portion of the earth's surface out of the pale of civilization-and you have done nothing. They reply, that whatever may be the consequence, you are bound to do right; that man has a right to himself, and man cannot have a property in man; that if the negro race be naturally inferior in mind and character, they are not less entitled to the rights of humanity; that if they are happy in their condition, it affords but the stronger evidence of their degradation, and renders them still more objects of commiseration. They repeat, as the fundamental maxim of our civil policy, that all men are born free and equal, and quote from our Declaration of Independence," that men are endowed by their Creator with certain inalienable rights, among which are life, liberty, and the pursuit of happiness."

It is not the first time that I have had occasion to observe that men may repeat with the utmost confidence, some maxim or sentimental phrase, as selfevident or admitted truth, which is either palpably false or to which, upon examination, it will be found that they attach no definite idea. Notwithstanding our respect for the important document which declared Will those who regard slavery as immoral, or crime our independence, yet if any thing be found in it, and in itself, tell us that man was not intended for civiliza-especially in what may be regarded rather as its ornation, but to roam the earth as a biped brute? That he ment than its substance-false, sophistical or unmeanwas not to raise his eyes to Heaven, or be conformed ing, that respect should not screen it from the freest in his nobler faculties to the image of his Maker? Or examination. will they say that the Judge of all the earth has done wrong in ordaining the means by which alone that end can be attained? It is true that the Creator can make the wickedness as well as the wrath of man to praise him, and bring forth the most benevolent results from the most atrocious actions. But in such cases, it is the motive of the actor alone which condemns the action. The act itself is good, if it promotes the good purposes of God, and would be approved by him, if that result only were intended. Do they not blaspheme the providence of God who denounce as wickedness and outrage, that which is rendered indispensable to his purposes in the government of the world? Or at what stage of the progress of society will they say that slavery ceases to be necessary, and its very existence becomes sin and crime? I am aware that such argument would have But we have not arrived at the profundity of the little effect on those with whom it would be degrading to maxim. This inequality is in a great measure the recontend-who pervert the inspired writings-which insult of abuses in the institutions of society. They do some parts expressly sanction slavery, and throughout indicate most clearly that it is a civil institution, with which religion has no concern-with a shallowness and presumption not less flagrant and shameless than his, who would justify murder from the text, "and Phineas arose and executed judgment."

There seems to be something in this subject, which

All men are born free and equal. Is it not palpably nearer the truth to say that no man was ever born free, and that no two men were ever born equal? Man is born in a state of the most helpless dependence on others. He continues subject to the absolute control of others, and remains without many of the civil, and ail of the political privileges of his society, until the period which the laws have fixed, as that at which he is supposed to attain the maturity of his faculties. Then inequality is further developed, and becomes infinite in every society, and under whatever form of government. Wealth and poverty, fame or obscurity, strength or weakness, knowledge or ignorance, ease or labor, power or subjection, mark the endless diversity in the condition of men.

not speak of what exists, but of what ought to exist. Every one should be left at liberty to obtain all the advantages of society which he can compass, by the free exertion of his faculties, unimpeded by civil restraints. It may be said that this would not remedy the evils of society which are complained of. The inequalities to which I have referred, with the misery resulting from

instances of knowledge and virtue, the Creator, for his own purposes, has set a limit beyond which we cannot go.

them, would exist in fact under the freest and most and destiny. Man is born to subjection. Not only popular form of government that man could devise. during infancy is he dependant and under the control of But what is the foundation of the bold dogma so confi- others; at all ages, it is the very bias of his nature, that dently announced? Females are human and rational the strong and the wise should control the weak and beings. They may be found of better faculties and the ignorant. So it has been since the days of Nimrod. better qualified to exercise political privileges and to at- The existence of some form of slavery in all ages and tain the distinctions of society than many men; yet countries, is proof enough of this. He is born to subwho complains of the order of society by which they jection as he is born in sin and ignorance. To make are excluded from them? For I do not speak of the few any considerable progress in knowledge, the continued who would desecrate them; do violence to the nature efforts of successive generations, and the diligent trainwhich their Creator has impressed upon them; drag ing and unwearied exertions of the individual are rethem from the position which they necessarily occupy quisite. To make progress in moral virtue, not less for the existence of civilized society, and in which they time and effort, aided by superior help, are necessary; constitute its blessing and ornament-the only position and it is only by the matured exercise of his knolwedge which they have ever occupied in any human society- and his virtue, that he can attain to civil freedom. Of to place them in a situation in which they would be all things, the existence of civil liberty is most the result alike miserable and degraded. Low as we descend in of artificial institution. The proclivity of the natural combatting the theories of presumptuous dogmatists, it man is to domineer or to be subservient. A noble cannot be necessary to stoop to this. A youth of eigh-result indeed, but in the attaining of which, as in the teen may have powers which cast into the shade those of any of his more advanced cotemporaries. He may be capable of serving or saving his country, and if not permitted to do so now, the occasion may have been lost forever. But he can exercise no political privilege or aspire to any political distinction. It is said that of necessity, society must exclude from some civil and political privileges those who are unfitted to exercise them, by infirmity, unsuitableness of character, or defect of discretion; that of necessity there must be some general rule on the subject, and that any rule which can be devised will operate with hardship and injustice on individuals. This is all that can be said and all that need be said. It is saying, in other words, that the privileges in question are no matter of natural right, but to be settled by convention, as the good and safety of society may require. If society should disfranchise individuals convicted of infamous crimes, would this be an invasion of natural right? Yet this would not be justified on the score of their moral guilt, but that the good of society required, or would be promoted by it. We admit the existence of a moral law, binding on societies as on individuals. Society must act in good faith. No man or body of men has a right to inflict pain or privation on others, unless with a view, after full and impartial deliberation, to prevent a greater evil. If this deliberation be had, and the decision made in good faith, there can be no imputation of moral guilt. Has any politician contended that the very existence of governments in which there are orders privileged by law, constitutes a violation of morality; that their continuance is a crime, which men are bound to put an end to without any consideration of the good or evil to result from the change? Yet this is the natural inference from the dogma of the natural equality of men as applied to our institution of slavery-an cquality not to be invaded without injustice and wrong, and requiring to be restored instantly, unqualifiedly, and without reference to consequences.

This is sufficiently common-place, but we are sometimes driven to common-place. It is no less a false and shallow than a presumptuous philosophy, which theorizes on the affairs of men as of a problem to be solved by some unerring rule of human reason, without reference to the designs of a superior intelligence, so far as he has been pleased to indicate them, in their creation

But he who is most advanced in knowledge, is most sensible of his own ignorance, and how much must forever be unknown to man in his present condition. As I have heard it expressed, the further you extend the circle of light, the wider is the horizon of darkness. He who has made the greatest progress in moral purity, is most sensible of the depravity, not only of the world around him, but of his own heart and the imperfection of his best motives, and this he knows that men must feel and lament so long as they continue men. So when the greatest progress in civil liberty has been made, the enlightened lover of liberty will know that there must remain much inequality, much injustice, much slavery, which no human wisdom or virtue will ever be able wholly to prevent or redress. As I have before had the honor to say to this society, the condition of our whole existence is but to struggle with evils-to compare them-to choose between them, and so far as we can, to mitigate them. To say that there is evil in any institution, is only to say that it is human.

And can we doubt but that this long discipline and laborious process, by which men are required to work out the elevation and improvement of their individual nature and their social condition, is imposed for a great and benevolent end? Our faculties are not adequate to the solution of the mystery, why it should be so; but the truth is clear, that the world was not intended for the seat of universal knowledge or goodness or happiness or freedom.

Man has been endowed by his Creator with certain inalienable rights, among which are life, liberty and the pursuit of happiness. What is meant by the inalienable right of liberty? Has any one who has used the words ever asked himself this question? Does it mean that a man has no right to alienate his own liberty-to sell himself and his posterity for slaves? This would seem to be the more obvious meaning. When the word right is used, it has reference to some law which sanctions it, and would be violated by its invasion. It must refer If the either to the general law of morality or the law of the country-the law of God or the law of man. law of any country permitted it, it would of course be absurd to say that the law of that country was violated

by such alienation. If it have any meaning in this re- or enslaved; would they not have the right to enslave spect, it must mean that though the law of the country permitted it, the man would be guilty of an immoral act who should thus alienate his liberty. A fit qustion for schoolmen to discuss, and the consequences resulting from its decision as important as from any of theirs. Yet who will say that the man pressed by famine and in prospect of death, would be criminal for such an act? Self-preservation as is truly said, is the first law of nature. High and peculiar characters, by elaborate cultivation, may be taught to prefer death to slavery, but it would be folly to prescribe this as a duty to the mass of mankind.

If any rational meaning can be attributed to the sentence I have quoted, it is this:--That the society, or the individuals who exercise the powers of government, are guilty of a violation of the law of God or of morality, when by any law or public act, they deprive men of life or liberty, or restrain them in the pursuit of happiness. Yet every government does, and of ne cessity must, deprive men of life and liberty for offences against society. Restrain them in the pursuit of happiness! Why all the laws of society are intended for nothing else but to restrain men from the pursuit of happiness, according to their own ideas of happiness or advantage-which the phrase must mean if it means any thing. And by what right does society punish by the loss of life or liberty? Not on account of the moral guilt of the criminal-not by impiously and arrogantly assuming the prerogative of the Almighty, to dispense justice or suffering, according to moral desert. It is for its own protection-it is the right of self defence If there existed the blackest moral turpitude, which by its example or consequences, could be of no evil to society, government would have nothing to do with that. If an action, the most harmless in its moral character, could be dangerous to the security of society, society would have the perfect right to punish it. If the possession of a black skin would be otherwise dangerous to society, society has the same right to protect itself by disfranchising the possessor of civil privileges, and to continue the disability to his posterity, if the same danger would be incurred by its removal. Society inflicts these forfeitures for the security of the lives of its members; it inflicts them for the security of their property, the great essential of civilization; it inflicts them also for the protection of its political institutions; the forcible attempt to overturn which, has always been justly regarded as the greatest crime; and who has questioned its right so to inflict? "Man cannot have property in man”— —a phrase as full of meaning as, "who slays fat oxen should himself be fat." Certainly he may, if the laws of society allow it, and if it be on sufficient grounds, neither he nor society do

wrong.

And is it by this-as we must call it, however recommended to our higher feelings by its associations well-sounding, but unmeaning verbiage of natural equality and inalienable rights, that our lives are to be put in jeopardy, our property destroyed, and our political institutions overturned or endangered? If a people had on its borders a tribe of barbarians, whom no treaties or faith could bind, and by whose attacks they were constantly endangered, against whom they could devise no security, but that they should be exterminated

them, and keep them in slavery so long as the same danger would be incurred by their manumission? If a civilized man and a savage were by chance placed together on a desolate island, and the former, by the superior power of civilization, would reduce the latter to subjection, would he not have the same right? Would this not be the strictest self-defence? I do not now consider, how far we can make out a similar case to justify our enslaving of the negroes. I speak to those who contend for inalienable rights, and that the existence of slavery always, and under all circumstances, involves injustice and crime.

As I have said, we acknowledge the existence of a moral law. It is not necessary for us to resort to the theory which resolves all right into force. The exis tence of such a law is imprinted on the hearts of all human beings. But though its existence be acknowledged, the mind of man has hitherto been tasked in vain to discover an unerring standard of morality. It is a common and undoubted maxim of morality, that you shall not do evil that good may come. You shall not do injustice or commit an invasion of the rights of others, for the sake of a greater ulterior good. But what is injustice, and what are the rights of others? And why are we not to commit the one or invade the others? It is because it inflicts pain or suffering, present or prospective, or cuts them off from enjoyment which they might otherwise attain. The Creator has sufficiently revealed to us that happiness is the great end of existence, the sole object of all animated and sentient beings. To this he has directed their aspirations and efforts, and we feel that we thwart his be nevolent purposes when we destroy or impede that happiness. This is the only natural right of man. All other rights result from the conventions of society, and these, to be sure, we are not to invade, whatever good may appear to us likely to follow. Yet are we in no instance to inflict pain or suffering, or disturb enjoy. ment for the sake of producing a greater good? Is the madman not to be restrained who would bring destruc tion on himself or others? Is pain not to be inflicted on the child, when it is the only means by which he can be effectually instructed to provide for his own future happiness? Is the surgeon guilty of wrong who amputates a limb to preserve life? Is it not the object of all penal legislation, to inflict suffering for the sake of greater good to be secured to society?

By what right is it that man exercises dominion over the beasts of the field; subdues them to painful labor, or deprives them of life for his sustenance or enjoy. ment? They are not rational beings. No, but they are the creatures of God, sentient beings, capable of suffering and enjoyment, and entitled to enjoy according to the measure of their capacities. Does not the voice of nature inform every one, that he is guilty of wrong when he inflicts on them pain without necessity or object? If their existence be limited to the present life, it affords the stronger argument for affording them the brief enjoyment of which it is capable. It is because the greater good is effected; not only to man but to the inferior animals themselves. The care of man gives the boon of existence to myriads who would never otherwise have enjoyed it, and the enjoyment of their existence is better provided for while it lasts. It

belongs to the being of superior faculties to judge of the relations which shall subsist between himself and inferior animals, and the use he shall make of them; and he may justly consider himself, who has the greater capacity of enjoyment, in the first instance. Yet he must do this conscientiously, and no doubt, moral guilt has been incurred by the infliction of pain on these animals, with no adequate benefit to be expected. I do no disparagement to the dignity of human nature, even in its humblest form, when I say that on the very same foundation, with the difference only of circumstance and degree, rests the right of the civilized and cultivated man, over the savage and ignorant. It is the order of nature and of God, that the being of superior faculties and knowledge, and therefore of superior power, should control and dispose of those who are inferior. It is as much in the order of nature, that men should enslave each other, as that other animals should prey upon each other. I admit that he does this under the highest moral responsibility, and is most guilty if he wantonly inflicts misery or privation on beings more capable of enjoyment or suffering than brutes, without necessity or any view to the greater good which is to result. If we conceive of society existing without government, and that one man by his superior strength, courage or wisdom, could obtain the mastery of his fellows, he would have a perfect right to do so. He would be morally responsible for the use of his power, and guilty if he failed to direct them so as to promote their happiness as well as his own. Mo-practised horrible cruelties and inflicted much sufferralists have denounced the injustice and cruelty which have been practised towards our aboriginal Indians, by which they have been driven from their native seats and exterminated-and no doubt with much justice. No doubt, much fraud and injustice has been practised in the circumstances and the manner of their removal. Yet who has contended that civilized man had no moral right to possess himself of the country? That he was bound to leave this wide and fertile continent, which is capable of sustaining uncounted myriads of a civilized race, to a few roving and ignorant barbarians? Yet if any thing is certain, it is certain that means by which he could possess the country, without exterminating or enslaving them. Savage and ci vilized man cannot live together, and the savage can only be tamed by being enslaved or by having slaves. By enslaving alone could he have preAnd who shall take upon himself to decide that the more benevolent course and more pleasing to God, was pursued towards them, or that it would not have been better that they had been enslaved generally, as they were in particular instances? It is a refined philosophy, and utterly false in its application to general nature, or the mass of human kind, which teaches that existence is not the greatest of all boons, and worthy of being preserved even under the most adverse circumstances. The strongest instinct of all animated beings sufficiently proclaims this. When the last red man shall have vanished from our forests, the sole remaining traces of his blood will be found among our enslaved population. The African slave trade

has given, and will give the boon of existence to millions and millions in our country, who would otherwise never have enjoyed it, and the enjoyment of their existence is better provided for while it lasts. Or if, for the rights of man over inferior animals, we are referred to revelation, which pronounces-"ye shal! have dominion over the beasts of the field, and over the fowls of the air," we refer to the same which declares not the less explicitly

"Both the bond men and bondmaids which thou shalt have, shall be of the heathen that are among you. Of them shall you buy bondmen and bondmaids."

"Moreover of the children of strangers that do sojourn among you, of them shall ye buy, and of their families that are with you, which they begot in your land, and they shall be your possession. And ye shall take them as an inheritance for your children after you, to inherit them by possession. They shall be your bondmen forever."

In moral investigations, ambiguity is often occasioned by confounding the intrinsic nature of an action, as determined by its consequences, with the motives of the actor, involving moral guilt or innocence. If poison be given with a view to destroy another, and it cures him of disease, the poisoner is guilty, but the act is beneficent in its results. If medicine be given with a view to heal, and it happens to kill, he who administered it is innocent, but the act is a noxious one. If they who begun and prosecuted the slave trade,

there were no

served them.*

*I refer to President Dew on this subject.

It is not uncommon, especially in Charleston, to see slaves, after many descents and having mingled their blood with the Africans, possessing Indian hair and features.

ing-as no doubt they did, though these have been much exaggerated-for merely selfish purposes, and with no view to future good, they were morally most guilty. So far as unnecessary cruelty was practised, the motive and the act were alike bad. But if we could be sure that the entire effect of the trade has been to produce more happiness than would otherwise have existed, we must pronounce it good, and that it has happened in the ordering of God's providence, to whom evil cannot be imputed. Moral guilt has not been imputed to Las Casas, and if the importation of African slaves into America, had the effect of preventing more suffering than it inflicted, it was good, both in the motive and the result. I freely admit that, it is hardly possible to justify morally, those who begun and carried on the slave trade. No speculation of future good to be brought about could compensate the enormous amount of evil it occasioned.

If we should refer to the common moral sense of

mankind, as determined by their conduct in all ages and countries, for a standard of morality, it would seem to be in favor of slavery. The will of God, as determined by utility, would be an infallible standard, if we had an unerring measure of utility. The Utilitarian Philosophy, as it is commonly understood, referring only to the animal wants and enjoyments, and physical condition of man, is utterly false and degrading. If a sufficiently extended definition be given to utility, so as to include every thing that may be a source of enjoyment or suffering, it is for the most part useless. How can you compare the pleasures resulting from the exercise of the understanding, the taste and the imagination, with the animal enjoyments of the senses— the gratification derived from a fine poem with that from a rich banquet? How are we to weigh the pains