Diary in America, Series One
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“But in addition to interpretation from usage, this antecedent legislation furnishes other proofs that no coloured race was party to our social compact. As was justly remarked by President Fox, in the matter of the late contested election, our ancestors settled the province as a community of white men, and the blacks were introduced into it as a race of slaves, whence an unconquerable prejudice of caste, which has come down to our day, insomuch that a suspicion of taint still has the unjust effect of sinking the subject of it below the common level. Consistently with this prejudice, is it to be credited that parity of rank would be allowed to such a race? Let the question be answered by the statute of 1726, which denominated it an idle and a slothful people; which directed the magistrates to bind out free negroes for laziness or vagrancy; which forbade them to harbour Indian or mulatto slaves, on pain of punishment by fine, or to deal with negro slaves, on pain of stripes; which annexed to the interdict of marriage with a white, the penalty of reduction to slavery; which punished them for tippling with stripes, and even a white person with servitude for intermarriage with a negro. If freemen, in a political sense, were subjects of these cruel and degrading oppressions, what must have been the lot of their brethren in bondage? It is also true, that degrading conditions were sometimes assigned to white men, but never as members of a caste. Insolvent debtors, to indicate the worst of them, are compelled to make satisfaction by servitude; but that was borrowed from a kindred, and still less rational, principle of the common law. This act of 1726, however, remained in force, till it was repealed by the Emancipating Act of 1789; and it is irrational to believe, that the progress of liberal sentiments was so rapid in the next ten years,—as to produce a determination in the convention of 1790 to raise this depressed race to the level of the white one. If such were its purpose, it is strange that the word chosen to effect it should have been the very one chosen by the convention of 1776 to designate a white elector. ‘Every freeman,’ it is said, (chap. 2, sect. 6,) ‘of the full age of twenty-one years, having resided in this State for the space of one whole year before the day of election, and paid taxes during that time, shall enjoy the rights of an elector.’ Now, if the word freeman were not potent enough to admit a free negro to suffrage under the first constitution, it is difficult to discern a degree of magic in the intervening plan of emancipation sufficient to give it potency, in the apprehension of the convention, under the second.
“The only thing in the history of the convention which casts a doubt upon the intent, is the fact, that the word white was prefixed to the word freeman in the report of the committee, and subsequently struck out—probably because it was thought superfluous, or still more probably, because it was feared that respectable men of dark complexion would often be insulted at the polls, by objections to their colour. I have heard it said, that Mr Gallatin sustained his motion to strike out on the latter ground. Whatever the motive, the disseverence is insufficient to wrap the interpretation of a word of such settled and determinate meaning as the one which remained. A legislative body speaks to the judiciary, only through its final act, and expresses its will in the words of it; and though their meaning may be influenced by the sense in which they have usually been applied to extrinsic matters, we cannot receive an explanation of them from what has been moved or said in debate. The place of a judge is his forum—not the legislative hall. Were he even disposed to pry into the motives of the members, it would be impossible for him to ascertain them; and, in attempting to discover the ground on which the conclusion was obtained, it is not probable that a member of the majority could indicate any that was common to all; previous prepositions are merged in the act of consummation, and the interpreter of it must look to that alone.
“I have thought it fair to treat the question as it stands affected by our own municipal regulations, without illustration from those of other States, where the condition of the race has been still less favoured. Yet it is proper to say, that the second section of the fourth article of the Federal Constitution presents an obstacle to the political freedom of the negro, which seems to be insuperable. It is to be remembered that citizenship, as well as freedom, is a constitutional qualification; and how it could be conferred, so as to overbear the laws, imposing countless disabilities on him in other States, is a problem of difficult solution. In this aspect, the question becomes one, not of intention, but of power; so doubtful, as to forbid the exercise of it. Every man must lament the necessity of the disabilities; but slavery is to be dealt with by those whose existence depends on the skill with which it is treated. Considerations of mere humanity, however, belong to a class with which, as judges, we have nothing to do; and, interpreting the constitution in the spirit of our own institutions, we are bound to pronounce that men of colour are destitute of title to the elective franchise: their blood, however, may become so diluted in successive descent, as to lose its distinctive character; and then both policy and justice require that previous disabilities should cease. By the amended constitution of North Carolina, no free negro, mulatto, or free person of mixed blood, descended from negro ancestors to the fourth generation inclusive, though one ancestor of each generation may have been a white person, shall vote for the legislature. I regret to say, no similar regulation, for practical purposes, has been attempted here; in consequence of which, every case of disputed colour must be determined by no particular rule, but by the discretion of the judges; and thus a great constitutional right, even under the proposed amendments of the constitution, will be left the sport of caprice. In conclusion, we are of opinion the court erred in directing that the plaintiff could have his action against the defendant for the rejection of his vote. Judgment reversed.”
It will be observed by those who have had patience to read through so long a legal document, that reference is made to the unjust prejudice against any taint of the African blood. There is an existing proof of the truth of this remark, in the case of one of the most distinguished members of the House of Representatives. This gentleman has some children who are not of pure blood; but, to his honour, he has done his duty by them, he has educated them, and received them into his house as his acknowledged daughters. What is the consequence? Why, it is considered that by so doing he has outraged society; and whenever they want to raise a cry against him, this is the charge, and very injurious it is to his popularity,—“that he has done his duty as a father and a Christian.”
“Captain Marryat, we are a very moral people!”
The laws of the State relative to the intermarriage of the whites with the coloured population are also referred to. A case of this kind took place at New York when I was there; and as soon as the ceremony was over, the husband, I believe it was, but either the husband or the wife, was seized by the mob, and put under the pump for half an hour. At Boston, similar modes of expressing public opinion have been adopted, notwithstanding that that city is the stronghold of the abolitionists.
It also refers to the white slavery, which was not abolished until the year 1789. Previous to that period, a man who arrived out, from the old continent, and could not pay his passage, was put up to auction for the amount of his debt, and was compelled to serve until he had worked it out with the purchaser. But not only for the debt of passage-money, but for other debts, a white man was put up to auction, and sold to the best bidder. They tell a curious story, for the truth of which I cannot vouch, of a lawyer, a very clever but dissipated and extravagant man, who, having contracted large debts and escaped to New Jersey, was taken and put up to auction; a keen Yankee purchased him, and took him regularly round to all the circuits to plead causes, and made a very considerable sum out of him before his time expired.
I have observed that Mr Fortin, the coloured man, was considered quite white enough to pay taxes. It is usually considered in this country, that by going to America you avoid taxation, but such is not the case. The municipal taxes are not very light. I could not obtain any very satisfactory estimates from the other cities, but I gained thus much from Philadelphia.
The assessments are on property.
City Tax, 70 cents upon the 100 dollars valuation.
County Tax, 65 cents upon ditto.
Poor’s Rate, 40 cents.
Taxes on Horses, 1 dollar each.
Taxes on Dogs, half a dollar each.
Poll Tax, from a quarter dollar to 4 dollars each person.
It is singular that such a tax as the poll tax, that which created the insurrection of Wat Tyler in England, should have forced its way into a democracy. In the collection of their taxes, they are quite as summary as they are in England. This is the notice:
“You are hereby informed, that your property is included in a list of delinquents now preparing, and will be advertised and sold for the assessments due thereon. (This being the last call.)
“Your immediate attention will save the costs of advertising, sale, etcetera.
”– Collector.
“Collector’s Office, Number 1, State of —.”
It is a strange fact, and one which must have attracted the reader’s notice, that there should be a poor’s rate in America, where there is work for every body; and still stranger that there should be one in the city of Philadelphia, in which, perhaps, there are more beneficent and charitable institutions than in any city in the world of the same population: notwithstanding this there are many mendicants in the street. All this arises from the advantage taken of an unwise philanthropy in the first place, many people preferring to live upon alms in preference to labour; and next from the state of destitution to which many of the emigrants are reduced after their arrival, and before they can obtain employment. Indeed, not only Philadelphia, but Baltimore and New York, are equally charged for the support of these people—the two first by legal enactment, the latter by voluntary subscription. And it is much to the credit of the inhabitants of all these cities that the charge is paid cheerfully, and that an appeal is never made in vain.
But let the Americans beware: the poor rate at present is trifling—40 cents in the 100 dollars, or about 1.75 pence in the pound; but they must recollect, that they were not more in England about half a century back, and see to what they have risen now! It is the principle which is bad. There are now in Philadelphia more than 1,500 paupers, who live entirely upon the public, but who, if relief had not been continued to them, would, in all probability, by this time, have found their way to where their labour is required. The Philadelphians are proverbially generous and charitable; but they should remember that in thus yielding to the dictates of their hearts, they are sowing the seeds of what will prove a bitter curse to their posterity.7
Volume Two—Chapter One
Washington. Here are assembled from every State in the Union what ought to be the collected talent, intelligence, and high principle of a free and enlightened nation. Of talent and intelligence there is a very fair supply, but principle is not so much in demand; and in everything, and everywhere, by the demand the supply is always regulated.
Everybody knows that Washington has a Capitol; but the misfortune is that the Capitol wants a city. There it stands, reminding you of a general without an army, only surrounded and followed by a parcel of ragged little dirty boys, for such is the appearance of the dirty, straggling, ill-built houses which lie at the foot of it.
Washington, notwithstanding, is an agreeable city, full of pleasant clever people, who come there to amuse and be amused; and you observe in the company (although you occasionally meet some very queer importations from the Western settlements) much more usage du monde and continental ease than in any other parts of the State. A large portion of those who come up for the meeting of Congress, as well as of the residents, having travelled, and thereby gained more respect for other nations, are consequently not so conceited about their own country as are the majority of other Americans.
If anything were required to make Washington a more agreeable place than it is at all times, the arrival and subsequent conduct of Mr Fox as British Ambassador would be sufficient. His marked attention to all Americans of respectability: his empressement in returning the calls of English gentlemen who may happen to arrive, his open house; his munificent allowance dedicated wholly to the giving of fêtes and dinner parties as his Sovereign’s representative; and, above all, his excessive urbanity, can never be forgotten by those who have ever visited the Capitol.
The Chamber of the House of Representatives is a fine room, and taking the average of the orations delivered there, it possesses this one great merit—you cannot hear in it. Were I to make a comparison between the members of our House of Commons and those of the House of Representatives, I should say that the latter had certainly real advantages. In the first place; the members of the American Senate and House of Representatives are paid, not only their travelling expenses to and fro, but eight dollars a day during the sitting of Congress. Out of these allowances many save money, and those who do not, are at all events enabled to bring their families up to Washington for a little amusement. In the next place, they are so comfortably accommodated in the house, every man having his own well-stuffed arm-chair, and before him his desk, with his papers and notes! Then they are supplied with everything, even to pen-knives with their names engraved on them—each knife having two pen-blades, one whittling blade, and a fourth to clean their nails with, showing on the part of the government, a paternal regard for their cleanliness as well as convenience. Moreover, they never work at night, and do very little during the day.
It is astonishing how little work they get through in a session at Washington: this is owing to every member thinking himself obliged to make two or three speeches, not for the good of the nation, but for the benefit of his constituents. These speeches are printed and sent to them, to prove that their member makes some noise in the house. The subject upon which he speaks is of little consequence, compared to the sentiments expressed. It must be full of eagles, star-spangled banners, sovereign people, clap-trap, flattery, and humbug. I have said that very little business is done in these houses; but this is caused not only by their long-winded speeches about nothing, but by the fact that both parties (in this respect laudably following the example of the old country) are chiefly occupied, the one with the paramount and vital consideration of keeping in, and the other with that of getting in,—thus allowing the business of the nation, (which after all is not very important, unless such a trump as the Treasury Bill turns up,) to become a very secondary consideration.
And yet there are principle and patriotism among the members of the legislature, and the more to be appreciated from their rarity. Like the seeds of beautiful flowers, which, when cast upon a manure-heap, spring up in greater luxuriance and beauty, and yield a sweeter perfume from the rankness which surrounds them, so do these virtues show with more grace and attractiveness from the hot-bed of corruption in which they have been engendered. But there has been a sad falling-off in America since the last war, which brought in the democratic party with General Jackson. America, if she would wish her present institutions to continue, must avoid war; the best security for her present form of government existing another half century, is a state of tranquillity and peace; but of that hereafter. As for the party at present in power, all I can say in its favour is, that there are three clever gentlemen in it—Mr Van Buren, Mr Poinsett, and Mr Forsyth. There may be more, but I know so little of them, that I must be excused if I do not name them, which otherwise I should have had great pleasure in doing.
Mr Van Buren is a very gentleman-like, intelligent man; very proud of talking over his visit to England, and the English with whom he was acquainted. It is remarkable that, although at the head of the democratic party, Mr Van Buren has taken a step striking at the very roots of their boasted equality, and one on which General Jackson did not venture—i.e. he has prevented the mobocracy from intruding themselves at his levées. The police are now stationed at the door, to prevent the intrusion of any improper person. A few years ago, a fellow would drive his cart, or hackney coach, up to the door; walk into the saloon in all his dirt, and force his way to the president, that he might shake him by the one hand; whilst he flourished his whip in the other. The revolting scenes which took place when refreshments were handed round, the injury done to the furniture, and the disgust of the ladies, may be well imagined. Mr Van Buren deserves great credit for this step, for it was a bold one; but I must not praise him too much, or he may lose his next election.
The best lounge at Washington is the library of the Capitol, but the books are certainly not very well treated. I saw a copy of Audubon’s Ornithology, and many other valuable works, in a very dilapidated state, but this must be the case when the library is open to all, and there are so many juvenile visitors. Still it is much better than locking it up, for only the bindings to be looked at. It is not a library for show, but for use, and is a great comfort and amusement.
There are three things in great request amongst Americans of all classes,—male, I mean,—to wit, oysters, spirits, and tobacco. The first and third are not prohibited by Act of Congress and may be sold in the Capitol, but spirituous liquors may not. I wondered how the members could get on without them, but upon this point I was soon enlightened. Below the basement of the building is an oyster shop and refectory. The refectory has been permitted by Congress upon the express stipulation that no spirituous liquors should be sold there, but law-makers are too often law-breakers all over the world. You go there and ask for pale sherry, and they hand you gin; brown sherry, and it is brandy; madeira, whisky; and thus do these potent, grave, and reverend signors evade their own laws, beneath the very hall wherein they were passed in solemn conclave.
It appears that tobacco is considered very properly as an article of fashion. At a store close to the hotel, the board outside informs you that among fashionable requisites to be found there, are gentlemen’s shirts, collars, gloves, silk handkerchiefs, and the best chewing tobacco. But not only at Washington but at other large towns I have seen at silk-mercers and hosiers this notice stuck up in the window—“Dulcissimus chewing tobacco.” So prevalent is the habit of chewing, and so little, from long custom, do the ladies care about it, that I have been told that many young ladies in the South carry, in their work-boxes, etcetera, pigtail, nicely ornamented with gold and coloured papers; and when their swains are at fault administer to their wants, thus meriting their affections by such endearing solicitude.
I was rather amused in the Senate at hearing the claims of parties who had suffered during the last war, and had hitherto not received any redress, discussed for adjudication. One man’s claim, for instance, was for a cow, value thirty dollars, eaten up, of course, by the Britishers. It would naturally be supposed that such claims were unworthy of the attention of such a body as the Senate, or, when brought forward, would have been allowed without comment: but it was not so. The member who saves the public money always finds favour in the eyes of the people, and therefore every member tries to save as much as he can, except when he is himself a party concerned. And there was as much arguing and objecting, and discussion of the merits of this man’s claim, as there would be in the English House of Commons at passing the Navy Estimates. Eventually he lost it. The claims of the Fulton family were also brought forward, when I was present, in the House of Representatives. Fulton was certainly the father of steam-navigation in America, and to his exertions and intelligence America may consider herself in a great degree indebted for her present prosperity. It once required six or seven months to ascend the Mississippi, a passage which is now performed in fifteen days. Had it not been for Fulton’s genius, the West would still have remained a wild desert, and the now flourishing cotton-growing States would not yet have yielded the crops which are the staple of the Union. The claim of his surviving relatives was a mere nothing, in comparison with the debt of gratitude owing to that great man: yet member after member rose to oppose it with all the ingenuity of argument. One asserted that the merit of the invention did not belong to Fulton; another, that even if it did, his relatives certainly could found no claim upon it; a third rose and declared that he would prove that, so far from the government owing money to Fulton, Fulton was in debt to the government. And thus did they go on, showing to their constituents how great was their consideration for the public money, and to the world (if another proof were required) how little gratitude is to be found in a democracy. The bill was thrown out, and the race of Fultons left to the chance of starving, for anything that the American nation seemed to care to the contrary. Whitney, the inventor of the gin for clearing the cotton of its seeds (perhaps the next greatest boon ever given to America), was treated in the same way. And yet, on talking over the question, there were few of the members who did not individually acknowledge the justice of their claims, and the duty of the State to attend to them: but the majority would not have permitted it, and when they went back to their constituents to be re-elected, it would have been urged against them that they had voted away the public money, and they would have had the difficult task of proving that the interests of the majority, and of the majority alone, had regulated their conduct in Congress.
There was one event of exciting interest which occurred during my short stay at Washington, and which engrossed the minds of every individual: the fatal duel between Mr Graves and Mr Cilley. Not only the duel itself, but what took place after it, was to me, as a stranger, a subject for grave reflection.
Notice of Mr Cilley’s decease having been formally given to the House, it adjourned for a day or two, as a mark of respect, and a day was appointed for the funeral.
The coffin containing the body was brought into the House of Representatives, and there lay in state, as it were. The members of Senate and the Supreme Court were summoned to attend, whilst an eulogium was passed on the merits and virtues of the deceased by the surviving representative of the State of Maine: the funeral sermon was delivered by one clergyman, and an exhortation by another, after which the coffin was carried out to be placed in the hearse. The following printed order of the procession was distributed, that it might be rigidly attended to by the members of the two Houses and the Supreme Court:—
Order of Arrangements for the Funeral of The Hon. Jonathan Cilley, Late a Representative in Congress, from the State of Maine.
The Committee of Arrangement, Pall-bearers, and Mourners, will attend at the late residence of the deceased, at Mr Birth’s, in third-street, at 11 o’clock AM, Tuesday, February 27th; at which time the remains will be removed, in charge of the Committee of Arrangements, attended by the Serjeant-at-arms of the House of Representatives, to the hall of the House.
At 12 o’clock, meridian, funeral service will be performed in the hall of the House of Representatives, and immediately after the procession will move to the place of interment, in the following order,—