Boston, Oct. 11, 1849

 

Friend Spooner,

 

I have recently written to Gerrit Smith about supplying your work to the Lawyers of the State of N. York, not having received any reply to two letters which I had written to Mr. Green.  The following is Mr. Smith's answer to my letter. 

 

 

"Peterboro, Oct. 7, 1849

 

Mr. Bela Marsh.  Dear Sir, I have your letter. Mr. Spooner's Argument on the Unconstitutionality of Am. Slavery is admirable & far surpasses every other on that subject.  I had intended to take an active part in supplying the Lawyers of this State with it, But recent occurences have disinclined me to carry out this intention.  The Lawyers in my own County will be supplied with it – for, previous to those occurrences, I had agreed with Mr. Wm. P. Green to furnish me the copies for this purpose.  I wish that the lawyers of every County might be supplied with it.  Respectfully Yours, Gerrit Smith."

 

I cannot account for my never having received a reply from Mr. Green, but as I thought you might like to see Mr. Smiths', I forward it as above. 

 

Yours Respectfully,

Bela Marsh


 

 

 Worchester March 1850

 

Gerrit Smith, Esq.

 

Sir,

 

Last summer you drafted a resolution, which was passed at one of your conventions, recommending abolitionists to furnish the bar with copies of my argument on slavery. 

 

Subsequently, Mr. Marsh, the publisher of the argument, wrote you on the subject, as he told me.  He sent me a copy of your answer.  In it you say, "I had intended to take an active part in supplying the lawyers of this state with it, (my argument); but recent occurrences have disinclined me to carry out this intention." 

 

The recent occurrences have alluded to, are the fact that I did not choose to work for you, and enlighten your ignorance without pay. 

 

In January last Bradburn wrote me a letter, and it it he gave an extract from one he had just received from you.  In this extract, in speaking of your discussion at Syracuse, you say, "Of course, I availed myself greatly of Lysander Spooner's argument." 

 

From some accounts I have seen of your recent speeches at Albany, and the circumstances it would appear that there also you again "availed yourself greatly of Lysander Spooner's argument." 

 

It seems, therefore, that while you avow your disinclination – and act upon the disinclination– to circulate my arguments, in my own words, it is yet a matter "of course" with you to use them as materials for a speech, whenever you attempt one of your public displays– 

 

     What is your face made of that is does not blister at such shameless and infamous[?] conduct?

                                      Lysander Spooner

     That I suppose But it all helps to illustrate the character og Gerrit Smith – and as it seems to corresponds with some other things it has been my lot know of him.

 

I had expected of course, that men would feel free to use my argument in speeches – but it had never before occurred to me that any one was base enough to avow his disinclination to circulate my arguments in my own words, and then use them as speeches for himself.  It seems, however, there was one such person – and he proves to be the same, who, while making the most ostentacious displays of real or pretended philanthropy toward the poor, could yet ask a poor man to work for him and enlighten his ignorance, and then refuse to pay him. 

 

Since these things have been done, I am glad they happened both to be done by the same individual– for it saves me the necessity of recognizing any other person as capable of either. 

 


But this is not all.  I now hear that you are to print your Albany Speeches for circulation.  You are "disinclined" to circulate my arguments under my name, but you can print them, put your own name upon them, and then circulate them, thus morally and I presume legally, prating upon my copyright.  Of course, you add some ignorance and bombast of your own, to serve as drapery, in the hope that you will thereby in some measure hide the fraud and crime you are perpetrating.  You are embolden to do all this, no doubt, by my poverty.  But for that you would never have thought of such a thing.  And it shows that .... letter ends

 


 

 

Worchester    March 30, 1850

 

Gerrit Smith Esq. 

 

Sir,

 

I see it stated that you are about to publish your Albany Speeches.  From some accounts I have seen of them, and from other circumstances, I infer that you cannot publish them, without infringing my copy right.  This is to warn you against any such infringement. 

 

(This paragraph crossed out: I may add that I should suppose that one, who extolls my arguments as much as you have done, and nevertheless avows his disinclination to circulate them in my own words, would blush (if he were capable of blushing) at the thought of using them, even as speeches, for himself – to say nothing of printing them under his own name.  The face of a man would blister at such an act.  Lysander Spooner)

 

One other thing.  Last fall, Mr. Marsh, the publisher of my argument, send me a copy of a letter he had received from you.  In it you say, "I had intended to take an active part in supplying the Lawyers of this State with it (my argument), but recent occurrences have disinclined me to carry out this intention." 

 

In January Bradburn sent me an extract from a letter he had received from you.  In January last Bradburn wrote me a letter, and it it he gave an extract from one he had just received from you.  In this extract, in speaking of your discussion at Syracuse, you say, "Of course, I availed myself greatly of Lysander Spooner's argument." 

 

It now appears that at Albany also, you again "availed yourself greatly of Lysander Spooner's argument." 

 

It seems, therefore, that while you avow your disinclination – and act upon the disinclination– to circulate my arguments, in my own words, it is yet a matter "of course" with you to use them as materials for a speech, whenever you attempt any of your public displays.

 

The face of a man would blister at the thought of such an act. 

 

Lysander Spooner. 


 

To Gerrit Smith, Not Sent, copy of a part of it.  See copy of a letter of March 30- 1850

 


Last fall Mr. Marsh, the publisher of my argument on Slavery, sent me a copy of a letter he had received from you.  In it you say, "I had intended to take an active part in supplying the lawyers of this state with it (my argument).  But recent occirrences have disinclined me to carry out this intention." 

 

The "recent occurrences" here alluded to, are the fact that I did not choose to work for you, and enlighten your ignorance, without pay. 

 

In January Bradburn wrote me a letter, and it it he gave an extract from one he had just received from you.  In this extract, in speaking of your discussion at Syracuse, you say, "Of course, I availed myself greatly of Lysander Spooner's argument." 

 

It seems, therefore, that while you avow your disinclination – and act upon the disinclination– to give my arguments to the bar, in my own words, it is yet a matter "of course" with you to use them as materials for a speech, whenever you attempt one of your public displays. 

 

From some accounts I have seen of your recent speeches at Albany, it appears that there also you again, "availed yourself greatly of Lysander Spooner's argument." 

 

One would have thought that while thus avowing and acting upon the disinclination to circulate my arguments in my own words, so as to gie me the credit (if any) and the income which rightfully belongs to me, your face would have blistered at the thought of using those arguments in speeches of your own.  That your face did not blister is probably to be accounted for on the principle that, although steel may blister, bras never does. 

 

You have however some apology for this conduct.  A man may do almost any thing for his life.  You would die if you could not make speeches.  Yet in order to make speeches, that any one will listen to, it is indispensable that they be made up mostly of other men's ideas 

 

In consideration therefore, and I may, say also, in commiseration, of your necessities, in this regard, I am disposed, on one condition, to give you a full dispensation from all obligations of justice and delicacy towards me, and allow you full liberty to use my arguments in your speeches, 'so long as your own self-respect, (if you can be supposed in such a case to have any self-respect) shall permit you to use them. 

 

That condition is, that in using my arguments, you shall never tell your audiences where you obtained them, or who was the author of them.  My reason for affixing this condition, is, that your auditors, who might otherwise be favorably impressed with the arguments, may not hold me responsible for all the ignorance and bombast you mix up with them. 

 

By bearing this condition in mind, in future, you will greatly oblige one who once had some respect for you. 

 


 

 Peterboro, Apl 2, 1850

 

Lysander Spooner Esq.


Sir,

 

I have your letter of the 30th ultimo.  I imply ___ that you should ___ ____ by such a spirit toward me, toward one, who has, I suppose done more to __ you under your pecuniary _____ ___ them all after ___ put together. 

 

Your hatred of me is unnatural.  It is true, that, whilst it _____illegible.... for the circulation of your Book.  Nevertheless, your hatred of me should be greater than it is, I shall in little ways, continue to I – or less to promote in order of your invaluable book in the Constitutionality of slavery.  For instance, I shall continue to bring up in the Antislavery meetings, which I attend, the great merits of your book, to call on my __ to supply them, but___.  This I take special pains to do, wh Wm. __ __ (who sells your Bookls is present).  This I did in the 

 

Illegible. 

 

 

Your friend

Gerrit Smith.

 

P.S. You think it strange that I can not go forward in the work which I professed to myself last Summer.  How can I with my knowledge of your worrying ______?  I used ___ in the work of having you employed by the N.Y. Vigilance Com. On their Journal.  I thought it would bring you a few hundred dollars & secure the services of an able lawyer.  But what an __, cruel, & __ construction you put upon this __ of mine!  W__ in your eye the offspring of ____ andmeanness, instead of generosity, is still as __ by you  .

     You  are noe easilt suited sometimes I make arguments without making any ___ ____ you have said.    

 

You are displeased. Ansd when I make arguments, and ___ something that you have said, then you are displeased.


 


                             Worchester     April 23, 1850

 

Gerrit Smith, Esq.

 

Sir,

 

I have received a copy of what purports to be "Gerrit Smith's Constitutional Argument."  I consider a large portion of it a flagrant violation of my copyright, and I do not think that the requests of others that you would publish my arguments under your own name, afford any justification for your doing so.  This injustice to me is increased by the loose, crude, and imperfect mode in which you have stated my argument – for your readers will naturally infer from your declaration that you are indebted to me for them, that I have stated them in the same careless manner as yourself. 

 

Your readiness to spend your money to publish my arguments under your own name, in plain violation of the moral law, and the laws of the land, while you refuse to spend it to circulate them in my own words, (lest I should thereby get some pay for writing them), is another example of the honor and justice of which I have had some previous illustrations. 

 

You complain of the "scorn" I have expressed at your conducts in refusing to pay me for the written opinion I furnished you last summer.  In answer I have to say that while you make before the public so many apparently ostentatious displays of either real or pretended charity towards the poor, and at the same time refuse to pay a poor man for labor that he has done for you at your request, I think you ought not to expect to escape the scorn of any man of common sense; who is cognizant of such facts. 

 

Your conduct has been very base and unprincipled.  You first induce your party, (I believe your followers called themselves a party), to put forth, in a party manifesto, a long argument of your own in the Unconstitutionality of Slavery – which argument they had never seen before, and of the merits of which they knew nothing.  You this induced them virtually to declare to the public, that those were the grounds on which they believed slavery unconstitutional – while you also induced them to keep entirely silent (in the address) in rgeard to the argument, which you knew had really convinced them– and which you still admit to be uncomparably superior to every other.  I complained of this an injustice to me, tending to keep my argument out of circulation.  It was also a fraud upon the public, and a fraud upon the cause.  Its injustice was increased , in my estimation, by what I believed to be the unsoundness of your argument.  When I complained of this injustice, you, instead of making an acknowledgment or apology for the wrong, took advantage of the circumstances, and of my confidences in you, to obtain for me an argument which you had long desired, but had never offered to pay for.  And when you had obtained it, you refused to pay me for it.  And this you did when you knew I was so poor as to lack the common decencies and comforts of life. 

 

To screen yourself from my reproaches for this heartless, and shameful conduct, you have resorted to various misrepresentations of me.  Some of these misrepresentations have been so palpable as to afford very strong evidence that they were intentional – trumped up for no purpose but to divert attention from your own indefensible conduct.  They are unworthy of notice, and I will not speak of them now.  But there is one, which you seem to have wrought yourself up to believe – and I therefore reply to it. 


1.  Chaplin's letter said nothing about the Vigilance Committee– but it did say that Mr. Smith wished to bring the suit.  And your own declarations to me since, show that the matter was one of your own, rather than of any committee. 2.  I never said, to you or anybody else, that I had any thought that you intended to wrong me in any way, as to the compensation for my services in that suit (supposing the suit to have gone on).  But I will now say that I have little or no doubt that you expected to get my services for a much less sum than you would have expected to get the services of any other man whose services you would have considered equally valuable.  3.  In my letter to you (which has been made the sole foundation of your complaint in this point), I only spoke of Chaplin's request (on your behalf) that I should go to Boston and of your neglect to send me the means of paying my expenses, although you were aware of my extreme poverty.  I mentioned this as an example of your thoughtlessness, and only of your thoughtlessness of what was due to me.  As one of those instances of thoughtlessness, (culpable, unless explained), which had made it necessary for me to remind you that I could not afford to work for a man of your wealth for nothing.  I have never intimated, either to you (as you pretend), or to anyone else, that you had any improper and deliberate design in not sending me the money– I did not, as you put, imagine at the time that you had any such design– although I felt wounded at such an evidence of indifference towards me on the part of one who knew of my poverty, and had made such professions of gratitude and friendship for what I had done.  Quite possibly if I had known as much of you then, as I do now, I should have considered your omission to send the money an intentional one.  Not that I think you are avaricious of money for its own sake.  You love applause better than money.  And you are avaricious of money to buy applause with.  And you care little where your money goes, so only that it goes into the newspapers and brings you a fair whiff of that stinking incense which ignorance and folly from under the nose of sham philanthropy.  Hence you will send printed notices into every County in the state remarking of your intention to give $30,000 for the purpose of removing poor people into the wilderness, while at the same time you refuse to pay another poor man, for labor you have requested him to do for you. 

 

Your pretenses that you have furnished me money, as a personal favor to me, to assist me under my pecuriary embarrassments," is of a piece with the rest of your conduct.  The only pecuniary favor I ever asked of you, as a personal favor to me, I asked on the groud that I had saved you a great deal of money in postage.  That favor was refused.  But to save appearances you bestowed upon me your actual quantity of fine words, told me how much other folks might pay me for my labors, and added such a donation as you acknowledged yourself to br under obligation in general principles, to make me for reducing the postage. 

 

Of the other money ($150) which you have furnished me, every dollar was advanced, professedly, for the purposes for which it was asked, viz, to enable me to write books, which you (professing to have at heart the same object s as myself) expressed your desire that I should write.  You furnished money, as I furnished labor, for common objects.  And you have as much right to pretend that the money you have paid to support Anti-Slavery lectures and Anti-Slavery newspapers was paid to hose lecturers, and to the editors of those papers, as personal favors to them, "to assist them under their pecuniary embarrassments," and that they are consequently under obligation now to work for you forr nothing, as you have to pretend the same in regard to me. 

 


I once felt sincerely and deeply grateful to you for your assistance, when I supposed the assistance was rendered, not to me, but through me to the cause, in which you professed to be heartily engaged.  But when yu show that you had another, and a selfish object in view – that of bringing me under personal obligation to you (and I suppose of ____ the ____ of your political support) – I am disgusted at the meanness and hypocrisy of the act. 

 

But supposing even that, instead of furnishing that money for the cause you had furnished it to me "to assist me under my pecuniary embarrassments."  You furnished it in consideration of and with a special view to, the knowledge which I was to give you and which I had given you, " , and you to assist you under your "intellectual "embarrassments."  I gave you that knowledge, and you formerly professed yourself more than paid.  And I think you might have remembered that payment in offset for your money.  If your own repeated declarations are to be believed, I have given you knowledge of a kind, which, above all other kinds, you desired – and in quantity to your entire astonishment, knowledge which you could not have purchased elsewhere with half of your fortune – knowledge, which you would not part with today for a sum equal to half your fortune – knowledge, which you are far more proud of than of any knowledge you profess – knowledge, which saves you as the principal material for all your public displays, whether in the village, or in the capitol – knowledge, which your ravenous appetite for applause induces you to print (in violation of both my moral and legal rights) under the title of "Gerrit Smith's Constitutional Argument."  And yet, imprudent ingrate that you are, you now claim that your $150, (given purportedly to the cause, and not to me) has not only cancelled all of your indebtedness to me, but has also laid me under obligations to enlighten your ignorance still further for nothing. 

 

To prove your "pure love and generosity" towards me and your title to me "thanks", you speak of your intention at one time to give me "a few hundred dollars" of managing a suit, and of your intention another time to expend some five hundred dollars in distributing my books among the bar of New York.  I have only to answer that I would much rather see you pay me for the opinion which I furnished you at your request, than to take your word as to any of the great deeds you had intended to do; provided I had not asked you to pay me for my labor. 

 

To prove your disposition to promote the circulation of my argument, you state that on three different occasions you have recommended it to your audience– that you "occasionally purchase a few copies for distribution"  – that at one time your purchased $4.25 cents worth, and at another time you "sent to a lawyer five dollars" for the same purpose. 

 

I have never said, and I expect never to be able to say, anything so contemptuous of your faithlessness and treachery to the Anti-Slavery cause, as are these statements of your own, when compared with your other acts and sayings.  You have publicly described my argument as the most meritorious "law argument ever written, either in this age, or in any former age – either on this side, or the other side of the Atlantic."  And you exclaim "Why will not all lawyers read it?  Who of them could read it without being convinced that slavery is unconstitutional?"  All your conduct shows that you are perfectly aware that when the lawyers of this country are "convinced that slavery is unconstitutional" it must die.  And yet, at the end of nearly five years after this argument, (which you praise so highly as sufficient to convince all lawyers) is produced, you are only able to say that you have distributed $9.25 cents worth of them and "occasionally a few copies" beisdes.  You can give $30,000 to send a few persons into the wilderness– you can give only $9.25 or some such sum, to rescue three millions of people from bondage, when you have all the needed means ready to your hand.  Yet no man in the country makes such boastful professions of anxiety for the abolition of slavery.  You even publicly reproach men for not voting for you for president on that ground.  They ought rather to vote for Foote of Mississippi.


One would have once thought that if there were any sincerity in man, you might be relied on to do something substantial for the abolition of slavery, provided one argument could be produced that would induce that abolition – that you could hardly have slept until that argument were in the hands of every lawyer in the country.  Yet now when you admit that you have got such an argument, you are impressed with the paramount importance of sending a few free persons into the woods– and to accomplish this latter purpose you will squander two or three times as much money as would have been necessary to secure the speedy emancipation of three millions of people from bondage.  No man of any standing in the Anti-slavery ranks has ever branded the proof of his hypocrisy so deeply into his own forehead, as yourself.  You give your bombastic and hollow professions to the slave – you give your money to the whites (for the whites have votes, while the slaves have none – to keep your hold on the confidence of the Abolitionists, (blind men that they are for having any confidence in you,) you reproach every body almost in the country for not being abolitionists.  Yet at the same time you say, in practice, that it is more important to send a thousand white families into the woods than ti give freedom to three millions of people and their posterity.  Heaven pity the man to whom it has given neither head nor heart enough to save him from perpetrating such enormities in the face of mankind. 

 

There is no wonder that such a man can refuse to pay me for my labor, violate my copyright, and thus filch from me the pittance on which I live.  Let him go on doing so – these are small matters in the comparison, and I hope not to have to waste any more words with him in regard to them.  Lysander Spooner

 

I have not forgotten that just before this time, when you say you had, that from your love and generosity towards me, the intention of giving me, mostly out of your own pocket, "a few hundred dollars" for managing a suit, you had refused to loan me money , on the security of my copyright, "a few hundred dollars" to enable me to complete my argument in favor of three millions of men within our own country.  You will not be surprised, therefore, if I am very skeptical as to your ever having had any serious intention of giving me "a few hundred dollars" for any argument in behalf of a few persons on the high seas. 

 

 


 

Boston    March 12, 1856

 

Messrs. Gerrit Smith, Lewis Tappan, William Goodell and others,

 

Gentlemen,

 

I have received a copy of your circular, requesting the liberty to append my name to a call for a convention to nominate "thorough abolition candidates" for President and Vice President. 

 

If I were going to vote for any candidates, I should certainly wish them to be "thorough abolitionist candidates."  But in as much as I know of no one, who agrees with me as to the essential requisites of an honest government, or, at least, would (if he could) act according to those requisites, under our existing constitutions, I cannot consistently aid in nominating any candidates whatever, however they may agree with me on the subject of slavery. 

 

As I believe my reasons for not acting with the Liberty party have heretofore been misunderstood, you may not perhaps think it intrusive of me to briefly state them. 

 

A system of government must be honest throughout, (and not merely on a few, or even on many points) to be entitled to the support of honest men.  I think out constitution is a thousand times better – not only in its relation to slavery, but in relation to most other things – than it is generally understood to be.  But I do not think it perfect – ot such as honest men who know its true character throughout, can consistently support. 

 

Nevertheless, I feel at liberty – standing outside of the constitution – and knowing that government of some kind will be carried on in the name of the constitution – to interpret the constitution, on those points wherein it is right, and then appeal to those, who profess to be governed by it, to act up to their own standard.  I do this on the same principle that, standing outside the Mohammedan religion, I should feel at liberty to interpret the Koran, and appeal to believers to act up to their own creed, wherein it was right.  It is on this ground that I write about the constitution, and not because I ever intend to take any part directly or indirectly in administering it.

 

I think no robbery is more flagrant or palpable – nor hardly any more unjustifiable – than taxing men for the support of government, without their personal consent.  I have given the reasons for this somewhat at length in the appendix to my "Trial by Jury."  Such taxation is not only robbery in itseld, but it supplies the means for, and is the legitimate parent of, nearly all the other tyranny, which governments practice.  You will see therefore that it is impossible for me to support any government that acts on that principle, or to act with any party that adopts it. 

 

Yours Respectfully,

Lysander Spooner

 

 

Gerrit Smith Esq.

 

Dear Sir,


I send the forgoing letter to you, instead of Mr. Goodell, because I wish you to understand the reason I do not act with the Liberty Party; and I am afraid if the letter were sent first to him, it might not come under your eye.  Please forwardit to him, if you think proper. 

 

Yours truly,

Lysander Spooner.


 

                                  Boston , Novr. 2- 1855

 

Gerrit Smith, Esq.

 

Dear Sir,

 

Yours of the 29th ult, was recd two days ago – I have been so much engaged on mt Williamson argument that I could not stop to think of any thing else, and that is the reason I have not answered you sooner. 

 

The draft you send me for $50, and the $100, which I presume Mr. Tappan will appropriate agreeably to your request, will pay for 300 copies of the book.

 

I am very anxious these 300 copies should go into such hands as will read them, and make the most of them for the cause.  If nothing should be heard from them, after they are distributed, Mr. Tappan and Mr. Goodell would be confirmed in their fear that lawyers will not read them.  If, on the other hand, the copies should be heard from, those gentlemen will have faith to distribute more. 

 

There will be great agitation of the slavery question in congress this winter.  If I felt sure that the members of congress would read the book, I should think it best that these 300 copies be sent to them, in the hope of provoking a discussion of the constitutional question in congress, and thus exciting an interest outside, which would induce lawyers to read the book.  I suppose members of congress are too busy to read much– and many of them, if this book were sent to them, would, very likely, throw it aside unread.  You know better than I what reception it would meet with.  If you think it would get read, I would like your opinion whether the whole 300 had better no be sent there.  Would not the southern members read it?  And if they should, would they not put the question to the northern members, whether they adopted its sentiments? Whether any considerable number of the northern people adopted them?  And other such like questions, as would make it necessary for the northern members to post themselves upon the whole subject?  If we could but once get an agitation out of the constitutional question in congress, the whole country would be aroused by it, and could never after be put to rest in regard to it. 

 

If a determined effort were made to provoke a discussion in congress, I think it might possibly succeed.  Petitions, praying congress to establish courts throughout the southern states, ofor the liberation of the slaves, on habeas corpus and petitions for arming and disciplining the slaves as militia, would help to provoke such as discussion.  Mr. Tappan I suppose is the proper man to undertake the business of getting those petitions.  I think I will suggest it to him, bur such a suggestion from you, if you approve it, will be more likely to command his attention. 

 

But if you think no effort can possibly succeed in getting up a discussion in congress, these 300 copies had perhaps better be distributed elsewhere. 

 

I have not read Mr. Seward's late speech at Albany, but I have seen it stated that he admitted that the so called pro-slavery clauses of the constitution did really refer to slavery.  I wished at the time that you would send him a copy of my argument, and ask him to read it.  It is too bad that he should make such an admission. 


 

I wished to say more, but have a severe neualgia in me head, which unfits me for saying any thing.

 

Yours Respectfully.

Lysander Spooner

 

 

I have not yet found time to look over the letters you returned to me.  I will do it, and make a proper disposal of them.     

 

 

 

 


Peterboro  Nov. 6, '53

 

Lysander Spooner Esq.

 

D Sir,

 

I have yours of 2d inst.  I am happy to learn by it that you are writing an Argument __ the Williamson Co. 

 

Could I be sure that over 50 of the 300 copies would be used, I would be in favor of the whole 300 being sent to Congress.  But Congress is made up, in the main, of ____ & ___ your seek to learn not what is truth – but what will serve their ___ selfish interest. 

 

Were there half a __ speaking member of Congress to take the ground that the Constn is antislavery, a hundred members of Congress would be prompted to read your Book.  I am told that Genl Granger(?) Of Syracuse will take this ground.  But I know of no other who will.

 

I like much your suggestions for putting Congress infavor f establishing Courts for liberating the slave on Habeus Corpus.  SO too so I like the idea of ___ on the subject of the Militia.  But I would have that a Petition against excluding __ for the Militia.  I would have that a ___ to answer against the frequent unjust disarmitation.  Many, like myself, not believe in the right of Congress in ___ of war.  They would unpetition for any militia.  But they would gradly sign a petition of the character I have indicated. 

 

I seize upon your suggestion & sent this day to Gov Seward a copy of your Bookl.  I accompany it with a letter-- and a letter, I hope, will induce him to read it. 

 

____ Louis Tappan.  In all execution matters he is a very wise man.

 

Respectfully yours,

Gerrit Smith


Peterboro  March 20, 56

 

Lysander Spooner

 

My D Sir,

 

Would enjoin you to learn that I have got said Widninor? Himself taken up the __ orientation.  Later arguments in favor of its abolition powers.  I send you his letter and last w___ .  Please return it to me after reading it.  I send you also a copy of my hasty reply to him.  I have so much to doi have to d everything very hastily.  It is only a wonder that I fell into no more g__l thunder. 

 

Where is our friend Geo Bradburn?  Is he sick still?

 

Res'ly yours,

Gerrit Smith


Peterboro  March 16, '56

 

My dear Sir.

 

I am very glad you sent to me your letter to Goodell, Tappan & myself – for had you sent it to them, they might have printed it.  I hope you will be willing not to have it printed.  Your published disgust(?) Would hurt us.  You are our own ___ highest authority in interpreting the Constitution & __ cannot afford to have you openly ____ against us. 

 

On one point you have ___ us.  This ____ to more is are point.  I ..... (illegible) has nothing at all to do with the Liberty Party.  That Party will continue to do, as it has done, meet yearly for the purpose of ___ the emancipation of its views of civil government & of giving tangible formality of making a nomination, that will __ two or three thousand votes.  But if the party, if any, to induce your view of taxation in the Appendix to your Jury Trial book  – for it the party cared nothing about being popular or unpopular – it cares only to be right, and it is fearless in that ____ as you are. 

 

I should like to spend an huor with you on this subject – of taxation.  I am very ___ in my ___ of __ and __ – but you are still more son. 

 

I will send the letters to Goodell & Tappan if you say so, but I hope you will let me keep it. 

 

I have no idea where we shall nominate for President.  I am not un___, that he be a very able man– he msut be a thorough abolitionist, & an thoroughly honest & ____ man.  I shall rejoice if we can give him two or three thousand votes. 

 

Truly yours,

Gerrit Smith

 

Lysander Spooner Esq (turn over)

 

P.S. I do not regard myself as acting under the Constitution so much as it ___ of my natural sight to participate with my neighbos in choosing civil under the common party__ of our freedom and property.  I would continue to vote however admissible I might care to see the Constitution to be.  However, I would say that Garrison & Phillips should vote, notwithstanding their ____ views& at you & I so should I do so. 

 


 

Copy

 

Peterboro  March 20, 1856

 

Hon. D Wilmot,

 

My dear Sir,

 

I am in receipt of your calm, clean & well-argued letter.  Seldom have I received a letter, which has interested me so much. 

 

For many years have I been laboring to induce out ablest lawyers to study the Constitution with refernce to slavery.  Until within the last year only a very few of them have been willing to do so.  But now this reluctance is beginning to give way. 

 

I rejoice, that you are beginning to give your mind to this subject: and I am free to say, that I believe the day is not distant, where we shall be allowed to include your among the rapidly growing number, who hold not only that the Constitution shows no favor to slavery, but that there can be no law for slavery.  Already your name stands in immortal connexion with a great measure for Freedom.  But infinitely more useful will be its connexion with the doctrine, that slavery is at all times & in all countries essentially & necessarily are outlaw. 

 

I hold that the Constitution is full of power to abolish slavery.  I hold, moreover, that, if there were no Constitution, we, the people of this Union, have power, rightful power to abolish slavery everywhere within the Union – for we are one people – were such before the adoptions of the Constitution (which served to form "a more perfect Union") & were such even before the Declaration of Independence.  Moreover, I hold that even if we were not one people, we would have the right to kill all American Slavery.  What is Slavery?  It is the highest crime against man. It is a blasphemous attempt to unman man.  It is the great __ of earth, the great enemy of man.  What if the murderers of all nations should collect and take possession of an island of the sea?  Might not any nation feel its liberty to break up that nest of murderers?  Clearly.  Just so – on the very same principle – and nation, or state of people have the right to break up our Southern next of _____

 

I send you by this mail a couple of copies of my Speech in Congress on the Nebraska Bill.  Among all my arguments to show, that slavery is unconstitutional & impossible of legalization, this is the best.  I send you also a copy of Spooner's book on the Unconstitutionality of Slavery, which, I regard, as by far the ablest argument on that subject.  I feel sure that you with your legal and logical mind, cannot end up from the reading of Spooner's book unconvinced, that slavery finds no shelter in the Constitution. 

 

You wish to know my authority for what I say in the 7th Paragraph of my letter to Gov. Chase.  It is to be found in the 3d Volume of the Madison Papers page 1569 - N. York edition of 1844.                                  

Very happy should I be to continue our correspondence – not only for the purpose of trying to impart light to you, but quite as much for the purpose of receiving light from you. 

 


I agree with you in your high opinions of the Republican party.  It is full of noble men with noble aims.   But neither that party nor any other of a merely negative policy, can make any headway against so positive, so mighty, so aggressive a thing as slavery.  Let that party, at its approaching convention, deny all rights to slavery & declare it to be an outlaw.& slavery will quickly fall before it. 

 

With great regard, your friend,

Gerrit Smith


Peterboro,  March 1 '58[6?]

 

Lysander Spooner Esq.

 

My D Sir,

 

On my return from New York, I find your letter & Book.  I thank you for both.  I had a copy of the Book before.  I purchased it at the time of our "Jerry Trials" & was it with great interest & _____.

 

I find an opp____ "private" letter from Chase.  I reply to him that I will join the Repl. Party, if it will __ the ___, the the President himself nominate to the Bench no man, who labors __ slavery to the law, I will also ___ the ground that such __ belief is an impeachable offence. 

 

I was glad to find in __ that a copy of your never-to-be answered argument had been sent to every member of Congress.

 

I found the abolitionsts in the City determined to stand by their principles, & ready to call a Convention to nominate abolition candidates for President and Vice-President. 

 

Your friend,

Gerrit Smith

 

P.S.  Among the hundred letters which have accumulated in my ten days away, one from AP Georgia Member of Congress.  His Home is Syracuse.  There he learned to be an abolitionist.  He is eager to get the floor in order to advocate our principles to the fullest extent. 


Boston  Feby 16 - 1856

 

Gerrit Smith Esq,

 

Dear Sir,

 

I am obliged to you for a copy of your letter to Chase.  It ought to make him and Sumner feel.  But will it?  I think not.  I have no confidence in either of them.  I think they have neither the courage nor the integrity to do any thing but hold back the North from doing any thing against slavery.

 

I do not know whether you have ever seen my "Trial by Jury," published in 1852.  I send you a copy. 

 

 

Yours respectfully,

L. Spooner


[TYPED]

 

SIR: 

 

You have, doubtless, read the proceedings of the late Pitssburg Convention, and are entirely convinced that the Republican party, although earnestly and honestly opposed to the extension of Slavery, is nevertheless, not to abolish it.  Our work of abolishing Slavery is, under God, to be done by ourselves. 

 

A call has been written for a Mass-Convention at Syracuse, N.Y. on Wednesday, 28th of May next, to nominate Candidates for President and Vice-President of the United States, not merely Anti-Slavery Candidates, but thorough Abolition Candidates.  We have read the call and think it properly drawn.  We wish to have it subscribed by the names of several hundred respectable voters, all whom are entirely with us.  If you are willing that we should use your name, please send it to us by mail, as early as the 20th day of March.  Address Wm. Goodell, 48 Beekman Streetm New York.  Perhaps you can send us other names also.  In every instance let the residence follow the name. 

 

GERRIT SMITH,           JAMES McCUBE SMITH,

LEWIS TAPPAN,           M.B. WILLIAMS,

WILLIAM GOODELL,        FREDERICK DOUGLAS,

S.S. JOCELYN,           J.R. BARBOUR,

W.E. WHITING,           H.D. SHARPE

 

New York,  Feb. 27, 1856. 

 

 


 

Boston  Sept. 10, 1857

 

Gerrit Smith, Esq.

 

Dear Sir,

 

I see that the annual meeting of Am.Abolition Society is to be held at Syracuse the last day of this month, and I suppose plans for future operations will then be adopted.  I therefore take the liberty of asking your attention to the project of giving my argument to the lawyers throughout the country.  I dislike to speak of this subject myself, lest it should have the appearance of egotism– but as I believe your society universally concede the argument to be conclusive and best all their political movements upon that hypothesis, I know not why I should shrink from urging them to take the only step that seems to me likely ever to bring the question really before the nation for decision. 

 

There are in the nation some 30,000 lawyers.  A volume called the "Lawyers Directory" containing their names and residences is published annually, I believe, and can be bought for one or two dollars.  These 30,000 men will be more ready to read the argument than any other body of men of an equal number in the country.  They feel more competent, and are more competent, to decide upon its truth, or to detect any errors in it, than any other body of men.  If they should read it, and be convinced, their opinions will stand for the opinions of the country and all Congresses, Courts and legislatures will have to conform to their opinions.  But so long as this body of men remain of their present opinions to it, so long the mind of the nation, as a nation, will remain wholly uncharged on the question – this result is the very nature of things inevitable yet this clap of men are the very last ones whom abolitionists seem to wish to convey. 

 

The idea of givin