William Jay and the Constitutional Movement for the Abolition of Slavery — John Shaqi
William Jay and the Constitutional Movement for the Abolition of SlaveryTuckerman, Bayard
History
William Jay and the Constitutional Movement for the Abolition of Slavery
Tuckerman, Bayard
Antislavery movements -- United States; Jay, William, 1789-1858; United States -- Politics and government -- 1815-1861
"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 territory which the
Constitution has placed under its exclusive jurisdiction."
In 1838 an energetic attempt was made by Alvan Stewart, of Utica, to
strike out the clause in the constitution of the American Antislavery
Society which recognized the rights of the Southern States under the
United States Constitution. Jay perceived the injury 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 supremacy of the national Constitution was
maintained, 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 Chancellor, whose reputation as a
jurist was second to none, signed the petition, which he declared to
contain "no unconstitutional doctrine."
Public-domain text, read in full here on John Shaqi.
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