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From the IMPORTANT LIBEL SUITS. __________ MESSRS. SEDGWICK, ANDREWS, & KENNEDY, of this city, have commenced suits in behalf
of GERRIT SMITH against WATTS SHERMAN, ROYAL PHELPS, and S.L.M. BARLOW of New-York. Fifty thousand dollars are the
damages claimed in each case. There are twenty-eight other members of this
Democratic Committee. But we have not
learned when or whether they are also to be sued. Nor have we leanred when nor whether any of
the many publishers of the "Manifesto" are to be sued. The following correspondence precedes the
legal proceedings: PETERBORO, WATTS SHERMAN,
Esq.: SIR: My father-in-law, Mr. Gerrit Smith, has at
length so far waked up from the eclipse of his intellect, as to be able to read
and to hear reading. He has just now
seen for the first time the "Manifesto of the New-York Democratic Vigilant
Association," published last October, in which you connect his name with a
certain "Central Association" of bloody and horrible purposes. As Mr.
Smith belongs to no Society, has always opposed secret societies, had never
before heard of this "Central Association," and condemns all shedding of human
blood, save by the Government, he necessarily feels himself to be deeply
wronged by you and your associates. He
holds you and them responsible for calling in effect upon the people both of
the North and Soutn to detest and abhor him. Mr. Smith
wished to know without any delay whether you and your associates will persist
in your libel, or make unqualified and ample retraction which the case calls
for. Yours
Respectfully, CHAS. D.
MILLER. P.S. – I do not as yet write to any of the Executive
Committee except yourself, Mr. Phelps, and Mr. Barlow. 2nd P.S. – It occurs to Mr. Smith that it may have
been the "Provisional Government" adopted by the Convention at Chatham, C. W.,
with which you intended to identify him.
But Mr. Smith bids me say to you that this can not relieve you, since
never, until within a few weeks has he heard of that "Government," or that
Convention. What that Government was, he
has yet to learn, as he has not heard or read a line of its provisions. C.D.
MILLER, ESQ.: SIR: Yours of the 13th inst. Was received by me a few
days since; and but for other pressing engagements, would have been answered
immediately. Since its receipt, I have
looked over carefully the "Manifesto of the Democratic Vigilant Association" to
which you refer, and so far as Mr. Gerrit Smith's name is mentioned in
connection with the "Central Association," have no hesitation in saying that
his statement, that he is not a member of that body, reders it obvious that in
this particular, the writer of the pamphlet has fallen into and unintentional
error. With regard to the letter also
inserted into the pamphlet, dated Petersboro, Mr. Phelps
and Mr. Sherman have each perused this letter, and I am requested by those
gentlemen to say they concur in the same, and beg you will receive it as their
reply to the communication you addressed to each of them on the same subject. They also request me to say that if gives
them great pleasure to correct the error into which the writer of thie pamphlet
has fallen in regard to Mr. Smith, as, however much the differ from the
sentiments held by him as expressed in the "Jerry Rescue" letter, they respect
the boldness and personal integrity of MR. SMITH, and desire to do him full
justice. (1) Yours
very truly, SAMUAL L. M.
BARLOW. PETERBORO,
S.L.M.
BARLOW ESQ.: SIR: I have your letter of 22d inst. Mr Smith desires me to say
that his attention was called at the same time to all references to himself in
your "Manifesto." That his complained of
but one, was by no means because he acquiesced in the others. Compated with that one, the others are of no
importance. That one is a sheer
fabrication. Of all in it that you
attribute to him he had done nothing.
But in the other references, you responsibility is only for your
opinions of what he confesses he had done. It is
true that Mr. Smith did at the close of his long letter to Mr. Thomas on other
subjects, (dated 27th August,) assert the probability of servile insurrections,
and the possibility of their success, as reasons why the people should, at the
ballot-box, put an end to slavery. (2) But, pray, what responsible connection
is there between this and the " Mr. Smith
readily admits that his latter to John Brown in your "Manifesto" does no
exaggerate his love and admiration of the man, whom, during the many years of
his intimate relations with him; both in business and friendship, he was accustomed
to regard as unsurpassed, for truthfulness, disinterestednessm and a noble and
sublime spirit. No wonder that,
regarding him in this light, Mr. Smith did, from the time Capt. Brown started
for To return
to your letter: I hardly need say that is is unsatisfactory to Mr. Smith. It evidently was not intended to be
satisfactory to him. It adds studied
insults to the cruel and immeasureable wrongs you had previously done him. You had done what you could do to blacken his
reputation; and now, when arraigned for it, the whole extent of your confession
is, that he shall have the priviledge of wiping off the blacking if he
can. It is as if you had called you
innocent fellow-man a cut-throat, and then, wiping your mouth, had told him
that you would retract the bad name, if only he would consent to degrade
himself so far as to deny that the bad name fits him. In the depths of your malice – a Mr. Smith
is not unmindful that you were moved to defame him by party rather than
personal objects; and he confesses tha the has no sumpathy with the Republican
party. He will not greatly deplore the advantages you may gain over it. But he mist protest against your gaining them
at his expense – especially at so great expense as having the most atrocious
and injurious falsehoods told of himself.
Mr. Smith is an Abolitionist, and not as you would have it believed, a Republican. The odium of his principles belongs all to
himself; and it is not right that the Republican party should suffer from
it. But although Mr. Smith is and
Abolitionist, he has friends and relatives both at the North and South. Moreover, her thinks quite as highly of
Southern as of Northern character.(4) I add, that although he has purchased the
freedom of many slaves, and not a few of them within two or three hours' drive
of Harper's Ferry, and that although he is a very willing contributor to
"Underground Railroads," (5) he would nevertheless not have any slave seek his
freedom at the expense of killing his master.
He has always said that he would rather remain a slave for life than get
his liberty by bloodshed. Respectfully
yours, CHAS. D.
MILLER APPENDIX. _____ (1)
"Correct the error!" Rather a mild phrase considering that the "error" is no
less than committing wholesale murder on Mr. Smith's reputation; outlawing him,
and inviting his assassination. There is an apparent concession at one
point in this letter. It is only apparent, however. The traducers will retract if the traduced will purge himself and
declare his innocence. In other
words, they will consent to condition their retraction on his infinite
degredation of himself. But what would
such a retraction be worth? It would not so much as prove that the traducers
themselved believed the truth of the denial made my the traduced. It would prove no more than they were
willing, laughing in their sleeves, ot encourage him to sing himself into the
making of it. Another reason for saying that the concession is only an apparent
one, is that the traducers are insolent enough to tell Mr. Smith, that if he is
not guilty of the charge of which he complains, he has, nevertheless, shown
himself to be so wicked in another matter as to justify the presumption of
being involved in this also. The leading
object of Mr. Barlow's Letter is to show that Mr. Smith is, notwithstanding
all, the guilty and base, and the Vigilant Association the innocent and
honorable party! (2) This letter is much garbled and
misrepresented. Although written when neither his brain nor his body was in a
condition to justify the use of his pen, there is, nevertheless, nothing in
either its intellectual or moral character that the friends of Mr. Smith have
the least reason to be ashamed of. (3) The following is what Mr. Smith says in
this Speech on Insurrections: "Let me
not be misunderstood. Let me not be
supposed to fear that "God
forbid that (4) Mr. Smith is often censured by his fellow
abolitionists for being on as social and as friendly terms with slaveholders
and non-slaveholders. Mr. Smith makes
great allowance for a false education.
Hence, he his charitable in his constructions of the slaveholder's
character: and hence, too, he feels that there may be points where, in turn,
his own character needs to be charitably interpreted by the slaveholder. Mr. Smith believes slavery to be the
superlative piracy. Moreover, if any thind more is needed to
account for Mr. Smith's terms with slaveholders, is it not supplied by the
facts that his parents were slaveholders until after he reached manhood? that
he himself married a slaveholder, and that he has many friends and relatives
among slaveholders? At the Wisconsin State Anti-Slavery
Convention held in "That the slaveholder is,
to a large extent, unconscious of the wickedness of his relation, is beyonf
controversy. Deplorable, however, as is
this unconsciousness, if happily leaved room in him for goodness. Virtues the
slaveholder can certainly have. "That the
slaveholder should persist in remaining a slaveholder ought not to surprise us;
nor ought we to regard him as preeminiantly wicked for such persistence. Think how rarely, even among ourselves, a man
becomes, in the full and emphatic sence of the word, and Abolitionist. All over the world a new education is needed
– an education into a simple, honest love of mankind, and into a deep and
abiding reverence for it. Hitherto, at
the North as well as South, our schools and churches have not been such as to
impress men with the dignity and grandeur of their common nature. In every part of our country the work is
still being undone of bringing men to believe 'That the one sole sacred think
beneath the cope of heavan is MAN!' "Open the
eyes of the slaveholder to the greatness and glory of man – even of the most bruised
and battered specimen of man – and he is at once an Abolitionist. The like discovery can alone transform the
nonslaveholder into an Abolitionist. All
those before whose heavan anointed vision stand revelaed the divine image and
moral sublimity of man – all those and none others are Abolitionists. As
impossibile would it be for him who is blessed with this revelation to oppress
or despise his brother as to pout contept upon the pyramids among the works of
men, or upon (5) Mr. Smith is not at all ancious to have
the fact conceled that in this matter of communicating with slaves and helping
them out of slavery, his is in principle,
and had he been in other circumstances and callings, would probably have been
in the practice also, a very olf and
a very great offender. The first Address from the Abolitionists to the The following is a precise copy of the
Address: AFFLICTED BRETHREN: The
doctrine obtains almost universally, that the friends of the slave have no
right to communicate with him – no right to counsel and comfort him. We have ourselveds, partially at least,
acquiesced in this time hallowed Why do
Abolitionists concede that their labors for the slave must be expended direvtly
upon his master; and that they are to seek to improve the condition of the one,
only through favorable changes wrought in the mind of the other? Is it not because they are not yet entirely
disabused of the fallacy, that slavery is a legitimate institution? that it has
rights? That it creates rights in the slaveholder, and destroys rights in the
slave? Were they, as they should do, to
regard slavery in the light of a sheer usurpation, and none the less such for
the hoariness of the abomination, they would have as little respect for the
protest of the man-stealer against a similar liberty with his stolen property,
as they would protest of the horse-stealer against a similar liberty with his
stolen property. With a vision so clear,
they would no more acknowledge a possible acquisition or loss of rights by
theft in the one case than in the other.
The same rights which the slave had before he "fell among thieves," he
has now; and amonst them is his right to all the words of consolation,
encouragement, and advice, which his fellow men can convey to him. To make
the abolitionist most odious, he is charged with the supposedly heinous and
almost matchless offense of communicating with the slave; and the abolitionist,
instead of insisting on the right to do so, and instead of publicly lamenting
the great difficulties in the way of practicing the right, impliedly disclaims
it, by informing his accusers, that the abolition doctrine is to address the
master, and not the slave. No
slaveholding sophistry and blustering could obtain such a disclaimer from
Paul. That heaven-directed Although
much has been gained by the bold position that the abolitionists have taken,
much also has been lost by their timidly hesitating to take other positions,
which, if bolder, are not less truthful or advantageous. When the abolitionists first demanded that
the Amistad captives should be set free, few were found to respond to the
justice of a demand in which our whole nation now acquiesces. The Northern press, with few exceptions,
pronounces the recent insurrection on board the Creole to be justifiable and heroic. But had this insurrection occurred before
that on board of the Amistad, scarcely any other than an abolition newspaper
would have failed to denounce and stigmatize it. No less extensive conquests of public opinion
will be achieved by the future instances of out intrepidity. Let abolitionsists fully and solemnly utter
the doctrine, that they are bound to enter into and maintain all practicable
communications with the slave, and the candid and intelligent will not only
respond to it, but ere they are aware, they will have been carried along by its
trains of consequences and influences to the conviction, that the abolitionist
has a perfect moral right to go into the South, and use his intelligence to
promote the escape of ignorant and imbruted slaves from their prison-house. The motto of abolitionists, as well as of our
Commonwealth, should be, "HIGHER;" and they should feel, that, unless they are
continually rising higher and higher in their bold and righteous claims, all
the past attainments of their cause are left unsure. Having
vindicated the right of abolitionists to address you, we will very briefly
enumerate some of the thins which they are doing for you, and also some of the
things which you should do for yourselves. First. We ask the God of the oppressed to have mercy
on you and Second. We ask out National and State Legislatures to
exert all their respective Constitutional power for the overthrow of slavery. Third. We deny, that any but an anti-slavery man has
a view of the Christian scheme so large and just as to fit him to be a preacher
od the Gospel. Fourth. We deny, that any but an anti-slavery man is
a republican, or fit to make the laws for republicans. Fifth. The arguments to justify out courts are the
be read in the innumerable pamphlets and scores of newspapers which we publish;
and are to be heard from the lips of lecturers, amongst whom are men eminent
for learning, logic, and eloquence. And now
with respect to your own duties. Woful
as is slavery, and desireable as is liberty, we entreat you to endure the
former, rather than take a violent and bloody hold of the latter. Such manifestly, was the teaching of Paul to
the slaves of his time. What ever was
his, the reason for our similar teaching is, that recourse to violence and
bloodshed for the termination of slavery, is very likely, in the judgment of a
large proportion of us, to result in the confirmation and protraction of the
evil. There are, it is true, some
persons in out ranks who are opposed to the taking of human life in any circumstances;
and whose doctrine it is, that, however certain might be your success, it would
be sinful for you to indertake to fight your way to liberty. But the great majority of abolitionists
justify their forefathers' bloody resistance to oppression, and can, therefore,
dissuade you from such resistance to a ten-thousand fold greater oppression,
not on the high ground of absolute morality, but on the comparatively low one of
expediency. And now, after repeating to
you, that some abolition.ists[sic] believe the taking of human life, under
whatever Do not
infer, from what we have said against violent attempts to recover your freedom,
that we object to your availing yourselves of any feasible, peaceable mode to
accomplish it. We but concur with the
great Apostle, when we say: "If thou mayest be free, use it rather." Although to run away from slavery is, slaveholders
being judges, the most black-hearted ingratitude, and although the adviser to
such a requital of the unequal loving-kindness of a slaveholding master, is
pronounced by the same tribunal to be We
rejoice, with all our hearts, in the rapid multiplication of exapes from the
house of bondage. There are now a
thousand a year, a reate more than five times as great as that before the
anti-slavery effort. The fugitive need
feel little apprehension after he has entered a It may be
well to say here, that it has often occurred to us, that hose inhabitants of
the South who pity the slave would render him inestimable service by supplying
him with a pocket compass. Could every
slave who encounters the appalling perils of flight from bondage have access to
this little and cheap but unerring guide, he might dispense with the shining of
the north star. An occasional
match-light to show him the needle of his compass would suffice for his
direction in the darkest night. This is
also a place for saying a few words to you on the subject of theft. We are ware that an almost ireesistable
tendency of slavery is to make thieves of its victims. But we entreat you not to steal. "Not purloining" is an apostolic injunction
on slaves, as well as other servants.
Let all your toil go unrequited, rather than to seek and equivalent, at
the expense of trampling on conscience, and polluting the soul by violating a
Divine command. "Say not thou, I will
recompense evil; but wait on the Lord, and he shall save thee." In your poorest estate, you will still be
infinitly better off than any who "rob the poor, because he is poor;" "for the
Lord will spoil the soul of those that spoiled them." Do not, however, suppose that we forbid your
innocent yeildings to necessity. We are
aware of the dreadful straits to which some of you are at times reduced; and
God forbid that we should tell you to starve or freeze when relief is possible. In those straits, you have permission of Him who
says that "the life is more than meat, and the body is more than raiment," to
count as you own that of which you stand in perishing need. And when, too, you are escaping from the
matchlessly horrible Bastile, take all along your route, in the free as well as
the slave State, so far as is absolutely essential to your escape, the horse,
the boat, the food, the clothing, which you require, and feel no more
compunction for the justifiable appropriation than does the drowning man for
possessing himself of the plank that floats in his way. But we
proceed to offer you our advice on another point. We do not wonder that slave-ships witness
thousands of cases of suicide. WE do not
wonder that so many of the slaves of the South lay violent hands on themselves
and their little ones who inherit the frightful doom of slavery. But the heaviest load of life which the
malignity and ingenuity of oppressors can devise, is to be borne
patiently. Least of all, is it to be
thrown off by the black crimes of self-destruction and murder. Only trust in God, beloved brethren, and you
will soon be where you will "hear not the voice of the oppressor," and where
"the wicked cease from troubling and the weary are at rest." Cherish
no vindictive or unkind feelings toward your oppressors. Early and late, and with all possible
cheerfulness, yield them your unrecompensed toil. Submit to stripes and to every extraction
which you can submit to without sin.
Your consent to violate God's law, let no bribes, nor menaces, not
sufferings, be able to obtain. If you
would have Him who hears "the sighing of the prisoner" grant you a speedy Hive no
confidence in pro-slavery preachers.
Those sham ministers of the Gospel, whether at the North of South, who
dare not rebuke oppression, would barter away your souls for one smile of the
proud tyrants on whom they fawn. Reject
their teachings with holy Perilous
as it is, you should, nevertheless, snatch all you little opportunities to
learn to read. The art of reading is an
abundant recompense for the many stripes it may have cost you to acquire it. The slave who has learned to read a map, has
already conquered half the difficulty of getting to We shall
get as many copies of the Address as we can into the hands of your white
friends in the slave States. To these,
as also to the few (alas, how few!) of the colored people of the South, who,
some by permission, and some by stealth, have obtained the art of reading, we
look to acquaint you with its contents.
Communications of similar design – that of entlightening and comforting
you – will probably be made from time to time hereafter. We close the present one with a brief
reference to a few of the facts which argue the speedy overthrow of slavery in
the There are
now but two nations in all of Contentental The South
would quickly give yo slavery were she deprived of her English market for
cotton, and her Northern market for sugar.
But The
principles of abolition have already struck their roots deep in the genial soil
of the Wounded,
writhing, slavery still cries: "Let me alone – let me alone." But the people
will not let it alone; and such providences as the insurrections on board the
Amistad and the Creole, show that God will not let it alone. His decree has gone forth, that slavery shall
continue to be tortured, even unto death. "Lift up your heads," then brethren,
"for you redemption draweth nigh." Peterboro Oct. 17 1860 Hon. John Cochran, Dear nephew, Last morning's mail brought me a long
letter from Mr. Lysander Spooner. I am
greatly embarassed by that part of it which speaks of his interviews with
members of the Committee, as you will see, when you have read it, I may well
be. That part I read to you. When you & any others you please shall
have read it, you will return it to me. It turns out that a part of that Committee
are entirely immoral, & that others are deeply sorry for the great wrong
which the Libel does me. Tears came to
my eyes when I read what Mr. Livingston & Mr. Phelps said to Mr.
Spooner. _____ had all the responsible
members of the Committee spoken in this wise[?], & been also willing to
have the substance of their words published, there would have been no justs[?];
& surely too in that case would the suits which have been commenced be
speedily terminated. Mr. Sherman many
weeks ago confessed to Mr. Littlefield his painful sense of the wron done to
me. I said that I was embarrassed. It is by the attitude of Mr. Barlow. He justifies – perhaps only as a matter of
form & without hope of material, if an exepct[?] perhaps however quite
sincerely & with hope of hreat, if not entire, success. Were he in Mr
Phelps', Mr Sherman'; & Mr livingstons's state of mind on the subject, the
whole mater would probably be disposed of at once. Perhaps he realli is – but
it afraid ot ashamed to say so. Though he can cery easily show me to be
contemptuous of all law for slavery, & to be guilty of what he means by
"slave-stealing," I cannot believe that he hopes to be able to involve me in
bloodshed. I do not know that I can settle with the
penitent[?] members of the Committee without thereby releasing the
impenitent[?] ones also. Why will the Committee persist in their
_____ treatment of me? They have murdered my reputation. They know it; They know that they have shot
me out of the South forever. Why do they
not make the amends in their power? As I have all along held, the best think
that could take place toward repairing the wrong they have done to me would be
my getting heavy verdicts against them. But this I must forego, if they all
speak as do Mr. Livingston & Mr Phelps.
For I have no heart to get verdicts against men who so speak. They profess to refer the matter to the
judgment of others. I wish them to honor
me, & to trust my magnaminity, & to leave the decision with me. As to a confession, I wish them simply to say
that they are deeply sorry for having coupled my name with the Manifesto, &
that they are now convinced that in doing so, they did me a great
wrong. I do not Mr Duncan (Mr Sherman's partner) proposed
to visit me. I told you if he had done so the matter would have been
immediately settled. I told you I should
have accepted a moderate man even if he had brought with him no confession of
the Committee. But had he brought such a short – but full & hearty
compromise as the one I have suggested (not a cold & technical retraction)
I would have accepted a far less man – on that Mr Duncan himself would have
called small. I do not need the money of the Committee –
nor do I As Mr Phelps wished Mr Spooner to let me
know what he Mr P. said, you can show him thie letter as containing my reply to
what he said. Mr Livingston too might
like to see it. They may both wish to
consult with their friends regarding it. Affectionatly yours Gerrit Smith P.S. I spoke of Mr.
Duncan. Le tme here say that a visit from Mr Phelps or from any member of the
Committee who feels as he does, would be equally accepted. Gerrit Smith to John Cochran Oct.17-1860 Copy |