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
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 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 managers. "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 committing them."
At the fifth annual meeting of the American Antislavery 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:
"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 abolition 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
exposed 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:
Public-domain text, read in full here on John Shaqi.
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