Showing posts with label Mulatto(s). Show all posts
Showing posts with label Mulatto(s). Show all posts

Saturday, June 3, 2023

Dr. Seth Rogers to his daughter Dolly, April 21, 1863

April 21.

I have today conversed with the extraordinary colored man, Peter Burns, who brought off one hundred and thirty-two persons with him from the main land, and who has, for a long time, been employed by General Hunter and. by General Saxton for a scout. He is a dark mulatto with face and form resembling John Brown. To hear his quaint expressions and Cromwellian talk is worth a journey from New England here. Too sleepy to repeat any of them to-night.

SOURCE: Proceedings of the Massachusetts Historical Society, Volume 43, October, 1909—June, 1910: February 1910. p. 390

Sunday, April 17, 2022

Constitution Of Missouri,* July 19, 1820

We, the people of Missouri, inhabiting the limits hereinafter designated, by our representatives in convention assembled at Saint Louis, on Monday, the 12th day of June, 1820, do mutually agree to form and establish a free and independent republic, by the name of the “State of Missouri,” and for the government thereof do ordain and establish this constitution:

ARTICLE I.

OF BOUNDARIES. We do declare, establish, ratify, and confirm the following as the permanent boundaries of said State, that is to say: Beginning in the middle of the Mississippi River, on the parallel of thirty-six degrees of north latitude; thence west along the said parallel of latitude to Saint François River; thence up and following the course of that river, in the middle of the main channel thereof, to the parallel of latitude of thirty-six degrees and thirty minutes; thence west along the same to a point where the said parallel is intersected by a meridian-line passing through the middle of the mouth of the Kansas River, where the same empties into the Missouri River; thence from the point aforesaid north, along the said meridian-line, to the intersection of the parallel of latitude which passes through the rapids of the river Des Moines, making the said line correspond with the Indian boundary-line; thence east from the point of intersection last aforesaid, along the said parallel of latitude, to the middle of the channel of the main fork of the said river Des Moines; thence down and along the middle of the main channel of the said river Des Moines to the mouth of the same, where it empties into the Mississippi River; thence due east to the middle of the main channel of the Mississippi River; thence down and following the course of the Mississippi River, in the middle of the main channel thereof, to the place of beginning.

ARTICLE II.

OF THE DISTRIBUTION OF POWERS.

The powers of government shall be divided into three distinct departments, each of which shall be confided to a separate magistracy; and no person charged with the exercise of powers properly belonging to one of those departments shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.

ARTICLE III.

OF THE LEGISLATIVE POWER.

SECTION 1. The legislative power shall be vested in a general assembly, which shall consist of a senate and of a house of representatives.

Sec. 2. The house of representatives shall consist of members to be chosen every second year, by the qualified electors of the several counties. Each county shall have at least one representative; but the whole number of representatives shall never exceed one hundred.

SEC. 3. No person shall be a member of the house of representatives who shall not have attained the age of twenty-four years; who shall not be a free white male citizen of the United States; who shall not have been an inhabitant of this State two years, and of the county which he represents one year next before his election, if such county shall have been so long established; but if not, then of the county or counties from which the same shall have been taken; and who shall not, moreover, have paid a State or county tax.

SEC. 4. The general assembly at their first session, and in the years one thousand eight hundred and twenty-two and one thousand eight hundred and twenty-four, respectively, and every fourth year thereafter, shall cause an enumeration of the inhabitants of this state to be made; and at the first session after such enumeration shall apportion the number of representatives among the several counties, according to the number of free white male inhabitants therein.

SEC. 5: The senators shall be chosen by the qualified electors for the term of four years. No person shall be a senator who shall not have attained to the age of thirty years; who shall not be a free white male citizen of the United States; who shall not have been an inhabitant of this State four years, and of the district which he may be chosen to represent one year before his election, if such district shall have been so long established; but if not, then of the district or districts from which the same shall have been taken; and who shall not, moreover, have paid a State or county tax.

SEC. 6. The senate shall consist of not less than fourteen nor more than thirty-three members; for the election of whom the State shall be divided into convenient districts, which may be altered from time to time, and new districts established, as public convenience may require, and the senators shall be apportioned among the several districts according to the number of free white male inhabitants in each: Provided, That when a senatorial district shall be composed of two or more counties, the counties of which such district consists shall not be entirely separated by any county belonging to another district; and no county shall be divided in forming a district.

SEC. 7. At the first session of the general assembly, the senators shall be divided by lot, as equally as may be, into two classes. The seats of the first class shall be vacated at the end of the second year, and the seats of the second class at the end of the fourth year; so that one-half of the senators shall be chosen every second year.

Sec. 8. After the first day of January, one thousand eight hundred and twenty-two, all general elections shall commence on the first Monday in August, and shall be held biennially; and the electors, in all cases, except of treason, felony, or breach of the peace, shall be privileged from arrest during their continuance at elections, and in going to and returning from the same.

SEC. 9. The governor shall issue writs of election to fill up such vacancies as may occur in either house of the general assembly.

Sec. 10. Every free white male citizen of the United States, who shall have attained the age of twenty-one years, and who shall have resided in this State one year before an election, the last three months whereof shall have been in the county or district in which he offers to vote, shall be deemed a qualified elector of all elective offices: Provided, That no soldier, seaman, or marine in the Regular Army or Navy of the United States shall be entitled to vote at any election in this State.

SEC. 11. No judge of any court of law or equity, secretary of state, attorney-general, State auditor, State or county treasurer, register, or recorder, clerk of any court of record, sheriff, coroner, member of Congress, nor other person holding any lucrative office under the United States or this State, militia officers, justices of the peace, and postmasters excepted, shall be eligible to either house of the general assembly.

SEC. 12. No person who now is or hereafter may be a collector or holder of public money, nor any assistant or deputy of such collector or holder of public money, shall be eligible to either house of the general assembly, nor to any office of profit or trust until he shall have accounted for and paid all sums for which he may be accountable.

SEC. 13. No person while he continues to exercise the functions of a bishop, priest, clergyman, or teacher of any religious persuasion, denomination, society, or sect whatsoever, shall be eligible to either house of the general assembly; nor shall he be appointed to any office of profit within the State, the office of justice of the peace excepted.

SEC. 14. The general assembly shall have power to exclude from every office of honor, trust, or profit, within the State, and from the right of suffrage, all persons convicted of bribery, perjury, or other infamous crime.

Sec. 15. Every person who shall be convicted of having, directly or indirectly, given or offered any bribe to procure his election or appointment, shall be disqualified for any office of honor, trust, or profit under this State; and any person who shall give or offer any bribe to procure the election or appointment of any person, shall, on conviction thereof, be disqualified for an elector, or for any office of honor, trust, or profit under this State, for ten years after such conviction.

SEC. 16. No senator or representative shall, during the term for which he shall have been elected, be appointed to any civil office under this State which shall have been created, or the emoluments of which shall have been increased, during his continuance in office, except to such offices as shall be filled by elections of the people.

SEC. 17. Each house shall appoint its own officers, and shall judge of the qualifications, elections, and returns of its own members. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner, and under such penalties, as each house may provide.

Sec. 18. Each house may determine the rules of its proceedings; punish its members for disorderly behavior; and, with the concurrence of two-thirds of all the members elected, expel a member; but no member shall be expelled a second time for the same cause. They shall each, from time to time, publish a journal of their proceedings, except such parts as may, in their opinion, require secrecy; and the yeas and nays on any question shall be entered on the journal, at the desire of any two members.

Sec. 19. The doors of each house, and of committee of the whole, shall be kept open, except in cases which may require secrecy; and each house may punish, by fine or imprisonment, any person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in their presence, during their session: Provided, That such fine shall not exceed three hundred dollars, and such imprisonment shall not exceed forty-eight hours for one offence.

SEC. 20. Neither house shall, without the consent of the other, adjourn for more than two days at any one time, nor to any other place than to that in which the two houses may be sitting.

SEC. 21. Bills may originate in either house, and may be altered, amended, or rejected by the other; and every bill shall be read on three different days in each house, unless two-thirds of the house where the same is depending shall dispense with this rule; and every bill, having passed both houses, shall be signed by the speaker of the house of representatives and by the president of the senate.

SEC. 22. When any officer, civil or military, shall be appointed by the joint or concurrent vote of both houses, or by the separate vote of either house of the general assembly, the votes shall be publicly given, viva voce, and entered on the journals. The whole list of members shall be called, and the names of absentees shall be noted and published with the journal.

SEC. 23. Senators and representatives shall, in all cases, except of treason, felony, or breach of the peace, be privileged from arrest during the session of the general assembly, and for fifteen days next before the commencement and after the termination of each session; and for any speech or debate in either house, they shall not be questioned in any other place.

SEC. 24. The members of the general assembly shall severally receive from the public treasury a compensation for their services, which may, from time to time, be increased or diminished by law; but no alteration, increasing or tending to increase the compensation of members, shall take effect during the session at which such alteration shall be made.

Sec. 25: The general assembly shall direct by law in what manner, and in what courts, suits may be brought against the State.

SEC. 26. The general assembly shall not have power to pass laws,

1. For the emancipation of slaves without the consent of their owners; or without paying them, before such emancipation, a full equivalent for such slaves so emancipated; and,

2. To prevent bona-fide immigrants to this State, or actual settlers therein, from bringing from any of the United States, or from any of their Territories, such persons as may there be deemed to be slaves, so long as any persons of the same description are allowed to be held as slaves by the laws of this state.

They shall have power to pass laws

1. To prohibit the introduction into this State of any slaves who may have committed any high crime in any other State or Territory;

2. To prohibit the introduction of any slave for the purpose of speculation, or as an article of trade or merchandise;

3. To prohibit the introduction of any slave, or the offspring of any slave, who heretofore may have been, or who hereafter may be, imported from any foreign country into the United States, or any Territory thereof, in contravention of any existing statute of the United States; and,

4. To permit the owners of slaves to emancipate them, saving the right of creditors, where the person so emancipating will give security that the slave so emancipated shall not become a public charge.

It shall be their duty, as soon as may be, to pass such laws as may be necessary,

1. To prevent free negroes end mulattoes from coming to and settling in this state, under any pretext whatsoever; and,

2. To oblige the owners of slaves to treat them with humanity, and to abstain from all injuries to them extending to life or limb.

SEC. 27. In prosecutions for crimes, slaves shall not be deprived of an impartial trial by jury, and a slave convicted of a capital offence shall suffer the same degree of punishment, and no other, that would be inflicted on a white person for a like offence; and courts of justice, before whom slaves shall be tried, shall assign them counsel for their defence.

SEC. 28. Any person who shall maliciously deprive of life or dismember a slave, shall suffer such punishment as would be inflicted for the like offence if it were committed on a free white person.

SEC. 29. The governor, lieutenant-governor, secretary of state, auditor, treasurer, attorney-general, and all judges of the courts of law and equity, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall not extend further than removal from office, and disqualification to hold any office of honor, trust, or profit under this State. The party impeached, whether convicted or acquitted, shall, nevertheless, be liable to be indicted, tried, and punished according to law.

SEC. 30. The house of representatives shall have the sole power of impeachment. All impeachments shall be tried by the senate; and, when sitting for that purpose, the senators shall be on oath or affirmation to do justice according to law and evidence. When the governor shall be tried, the presiding judge of the supreme court shall preside; and no person shall be convicted without the concurrence of two-thirds of all the senators present.

SEC. 31. A State treasurer shall be biennially appointed by joint vote of the two houses of the general assembly, who shall keep his office at the seat of government. No money shall be drawn from the treasury but in consequence of appropriations made by law; and an accurate account of the receipts and expenditures of the public money shall be annually published.

SEC. 32. The appointment of all officers, not otherwise directed by this constitution, shall be made in such manner as may be prescribed by law; and all officers, both civil and military, under the authority of this state, shall, before entering on the duties of their respective offices, take an oath or affirmation to support the Constitution of the United States, and of this State, and to demean themselves faithfully in office.

SEC. 33. The general assembly shall meet on the third Monday in September next; on the first Monday in November, eighteen hundred and twenty-one; on the first Monday in November, eighteen hundred and twenty-two, and thereafter the general assembly shall meet once in every two years, and such meeting shall be on the first Monday in November, unless a different day shall be appointed by law.

SEC. 34. No county now established shall ever be reduced, by the establishment of new counties, to less than twenty miles square; nor shall any county hereafter be established which shall contain less than four hundred square miles.

SEC. 35. Within five years after the adoption of this constitution, all the statute laws of a general nature, both civil and criminal, shall be revised, digested, and promulgated, in such manner as the general assembly shall direct, and a like revision, digest, and promulgation shall be made at the expiration of every subsequent period of ten years.

SEC. 36. The style of the laws of this State shall be, “Be it enacted by the general assembly of the State of Missouri."

ARTICLE IV.

OF THE EXECUTIVE POWER.

SECTION 1. The supreme executive power shall be vested in a chief magistrate, who shall be styled “The governor of the State of Missouri.”

SEC. 2. The governor shall be at least thirty-five years of age, and a natural-born citizen of the United States, or a citizen at the adoption of the Constitution of the United States, or an inhabitant of that part of Louisiana now. included in the State of Missouri at the time of the cession thereof from France to the United States, and shall have been a resident of the same at least four years next before his election.

SEC. 3. The governor shall hold his office for four years, and until a successor be duly appointed and qualified. He shall be elected in the manner following: At the time and place of voting for members of the house of representatives, the qualified electors shall vote for a governor; and when two or more persons have an equal number of votes, and a higher number than any person, the election shall be decided between them by a joint vote of both houses of the general assembly, at their next session.

SEC. 4. The governor shall be ineligible for the next four years after the expiration of his term of service.

SEC. 5. The governor shall be commander-in-chief of the militia and navy of the State, except when they shall be called into the service of the United States; but he need not command in person, unless advised so to do by a resolution of the general assembly.

SEC. 6. The governor shall have power to remit fines and forfeitures; and, except in cases of impeachment, to grant reprieves and pardons.

SEC. 7. The governor shall, from time to time, give to the general assembly information relative to the state of the government, and shall recommend to their consideration such measures as he shall deem necessary and expedient. On extraordinary occasions he may convene the general assembly by proclamation, and shall state to them the purposes for which they are convened.

SEC. 8. The governor shall take care that the laws be distributed and faithfully executed; and he shall be a conservator of the peace throughout the State.

SEC. 9. When any office shall become vacant, the governor shall appoint a person to fill such vacancy, who shall continue in office until a successor be duly appointed and qualified according to law.

SEC. 10. Every bill which shall have been passed by both houses of the general assembly shall, before it becomes a law, be presented to the governor for his approbation. If he approve, he shall sign it; if not, he shall return it, with his objections, to the house in which it shall have originated, and the house shall cause the objections to be entered at large on its journals, and shall proceed to reconsider the bill. If, after such reconsideration, a majority of all the members elected to that house shall agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall be in like manner reconsidered, and if approved by a majority of all the members elected to that house, it shall become a law. In all such cases the votes of both houses shall be taken by yeas and nays; the names of the members voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall become a law, in like manner as if the governor had signed it; unless the general assembly, by its adjournment, shall prevent its return, in which case it shall not become a law.

SEC. 11. Every resolution to which the concurrence of the senate and house of representatives may be necessary, except on cases of adjournment, shall be presented to the governor, and before the same shall take effect shall be proceeded upon in the same manner as in the case of a bill.

SEC. 12. There shall be an auditor of public accounts, whom the governor, by and with the advice and consent of the senate, shall appoint. He shall continue in office four years, and shall perform such duties as may be prescribed by law, shall be kept at the seat of government,

SEC. 13. The governor shall, at stated times, receive for his services an adequate salary, to be fixed by law, which shall neither be increased nor diminished during his continuance in office, and which shall never be less than two thousand dollars annually.

SEC. 14. There shall be a lieutenant-governor, who shall be elected at the same time, in the same manner, for the same term, and shall possess the same qualifications as the governor. The electors shall distinguish for whom they vote as governor and for whom as lieutenant-governor.

SEC. 15. The lieutenant-governor shall, by virtue of his office, be president of the senate. In committee of the whole he may debate on all questions; and, when there is an equal division, he shall give the casting vote in senate, and also in joint votes of both houses.

SEC. 16. When the office of governor shall become vacant, by death, resignation, absence from the State, removal from office, refusal to qualify, impeachment, or otherwise, the lieutenant-governor, or, in case of like disability on his part, the president of the senate pro tempore, or, if there be no president of the senate pro tempore, the speaker of the house of representatives shall possess all the powers and discharge all the duties of governor, and shall receive for his services the like compensation, until such vacancy be filled, or the governor so absent or impeached shall return or be acquitted.

SEC. 17. Whenever the office of governor shall become vacant, by death, resignation, removal from office, or otherwise, the lieutenant-governor, or other person exercising the powers of governor for the time being, shall, as soon as may be, cause an election to be held to fill such vacancy, giving three months' previous notice thereof; and the person elected shall not thereby be rendered ineligible to the office of governor for the next succeeding term. Nevertheless, if such vacancy shall happen within eighteen months of the end of the term for which the late governor shall have been elected, the same shall not be filled.

SEC. 18. The lieutenant-governor, or president of the senate pro tempore, while presiding in the senate, shall receive the same compensation as shall be allowed to the speaker of the house of representatives.

SEC. 19. The returns of all elections of governor and lieutenant-governor shall be made to the secretary of state, in such manner as may be prescribed by law.

SEC. 20. Contested elections of governor and lieutenant-governor shall be decided by joint vote of both houses of the general assembly, in such manner as may be prescribed by law.

SEC. 21. There shall be a secretary of state, whom the governor, by and with the advice and consent of the senate, shall appoint. He shall hold his office four years, unless sooner removed on impeachment. He shall keep a register of all the official acts and proceedings of the governor, and, when necessary, shall attest them; and he shall lay the same, together with all papers relative thereto, before either house of the general assembly, whenever required so to do; and shall perform such other duties as may be enjoined on him by law.

SEC. 22. The secretary of state shall, as soon as may be, procure a seal of state, with such emblems and devices as shall be directed by law, which shall not be subject to change. It shall be called “The Great Seal of the State of Missouri;” shall be kept by the secretary of state; and all official acts of the governor, his approbation of the laws excepted, shall be thereby authenticated.

SEC. 23. There shall be appointed in each county a sheriff and coroner, who, until the general assembly shall otherwise provide, shall be elected by the qualified electors, at the time and place of electing representatives. They shall serve for two years, and until a successor be duly appointed and qualified, unless sooner removed for misdemeanor in office, and shall be ineligible four years in any term of eight years. The sheriff and coroner shall each give security for the faithful discharge of the duties of his office in such manner as shall be prescribed by law. Whenever a county shall be hereafter established, the governor shall appoint a sheriff and coroner therein, who shall each continue in office until the next succeeding general election, and until a successor shall be duly qualified.

SEC. 24. When vacancies happen in the office of sheriff or coroner, they shall be filled by appointment of the governor; and the persons so appointed shall continue in office until successors shall be duly qualified, and shall not be thereby rendered ineligible for the next succeeding term.

SEC. 25. In all elections of sheriff and coroner, when two or more persons have an equal number of votes, and a higher number than any other person, the circuit courts of the counties respectively shall give the casting vote; and all contested elections for the said offices shall be decided by the circuit courts respectively, in such manner as the general assembly may by law prescribe.

ARTICLE V.

OF THE JUDICIAL POWER.

SECTION 1. The judicial powers, as to matter of law and equity, shall be vested in a supreme court, in a chancellor, in circuit courts, and in such inferior tribunals as the general assembly may from time to time ordain and establish.

SEC. 2. The supreme court, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only, which shall be coextensive with the State, under the restrictions and limitations in this constitution provided.

SEC. 3. The supreme court shall have a general superintending control over all inferior courts of law. It shall have power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, and other original remedial writs, and to hear and determine the same.

SEC. 4. The supreme court shall consist of three judges, any two of whom shall be a quorum; and the said judges shall be conservators of the peace throughout the State.

SEC. 5. The State shall be divided into convenient districts, not to exceed four; in each of which the supreme court shall hold two sessions annually, at such places as the general assembly shall appoint; and, when sitting in either district, it shall exercise jurisdiction over causes originating in that district only: Provided, however, That the general assembly may, at any time hereafter, direct by law that the said court shall be held at one place only.

SEC. 6. The circuit court shall have jurisdiction over all criminal cases which shall not be otherwise provided for by law; and exclusive original jurisdiction in all civil cases which shall not be cognizable before justices of the peace, until otherwise directed by the general assembly. It shall hold its terms in such place in each county as may be by law directed

SEC. 7. The State shall be divided into convenient circuits, for each of which a judge shall be appointed, who, after his appointment, shall reside, and be a conservator of the peace, within the circuit for which he shall be appointed.

SEC. 8. The circuit courts shall exercise a superintending control over all such inferior tribunals as the general assembly may establish, and over justices of the peace in each county in their respective circuits.

SEC. 9. The jurisdiction of the court of chancery shall be coextensive with the State, and the times and places of holding its sessions shall be regulated in the same manner as those of the supreme court.

SEC. 10. The court of chancery shall have original and appellate jurisdiction in all matters of equity, and a general control over executors, administrators, guardians, and minors, subject to appeal, in all cases, to the supreme court, under such limitations as the general assembly may by law provide.

SEC. 11. Until the general assembly shall deem it expedient to establish inferior courts of chancery, the circuit courts shall have jurisdiction in matters of equity, subject to appeal to the court of chancery, in such manner and under such restrictions as shall be prescribed by law.

SEC. 12. Inferior tribunals shall be established in each county for the transaction of all county business, for appointing guardians, for granting letters-testamentary and of administration, and for settling the accounts of executors, administrators, and guardians.

SEC. 13. The governor shall nominate and, by and with the advice and consent of the senate, appoint the judges of the superior court, the judges of the circuit courts, and the chancellor, each of whom shall hold his office during good behavior, and shall receive for his services a compensation, which shall not be diminished during his continuance in office, and which shall not be less than two thousand dollars annually.

SEC. 14. No person shall be appointed a judge of the supreme court, nor of a circuit court, nor chancellor, before he shall have attained to the age of thirty years, nor shall any person continue to exercise the duties of any of said offices after he shall have attained to the age of sixty-five years.

SEC. 15. The courts respectively shall appoint their clerks, who shall hold their offices during good behavior. For any misdemeanor in office they shall be liable to be tried and removed by the supreme court, in such manner as the general assembly shall by law provide.

SEC. 16. Any judge of the supreme court, or of the circuit court, or the chancellor, may be removed from office on the address of two-thirds of each house of the general assembly to the governor for that purpose, but each house shall state on its respective journal the cause for which it shall wish the removal of such judge or chancellor, and give him notice thereof, and he shall have the right to be heard in his defence in such manner as the general assembly shall by law direct; but no judge or chancellor shall be removed in this manner for any cause for which he might have been impeached.

SEC. 17. In each county there shall be appointed as many justices of the peace as the public good may be thought to require. Their powers and duties and their duration in office shall be regulated by law.

SEC. 18. An attorney-general shall be appointed by the governor, by and with the advice and consent of the senate. He shall remain in office four years, and shall perform such duties as shall be required of him by law.

SEC. 19. All writs and process shall run and all prosecutions shall be conducted in the name of the State of Missouri; all writs shall be tested by the clerk of the court from which they shall be issued, and all indictments shall conclude, “against the peace and dignity of the State.”

ARTICLE VI.

OF EDUCATION.

SECTION 1. Schools and the means of education shall forever be encouraged in this State; and the general assembly shall take measures to preserve from waste or damage such lands as have been, or hereafter may be, granted by the United States for the use of schools within each township in this State, and shall apply the funds which may arise from such lands in strict conformity to the object of the grant; and one school or more shall be established in each township as soon as practicable and necessary, where the poor shall be taught gratis.

SEC. 2. The general assembly shall take measures for the improvement of such lands as have been, or hereafter may be, granted by the United States to this State for the support of a seminary of learning, and the funds accruing from such lands, by rent or lease, or in any other manner, or which may be obtained from any other source, for the purposes aforesaid, shall be and remain a permanent fund to support a university for the promotion of literature and of the arts and sciences, and it shall be the duty of the general assembly, as soon as may be, to provide effectual means for the improvement and permanent security of the funds and endowments of such institution.

ARTICLE VII.

OF INTERNAL IMPROVEMENT.

Internal improvement shall forever be encouraged by the government of this state, and it shall be the duty of the general assembly, as soon as may be, to make provision by law for ascertaining the most proper objects of improvement, in relation both to roads and navigable waters; and it shall also be their duty to provide by law for a systematic and economical application of the funds appropriated to these objects.

ARTICLE VIII.

OF BANKS.

The general assembly may incorporate one banking company, and no more, to be in operation at the same time.

The bank to be incorporated may have any number of branches not to exceed five, to be established by law, and not more than one branch shall be established at any one session of the general assembly. The capital stock of the bank to be incorporated shall never exceed five millions of dollars, at least one-half of which shall be reserved for the use of the State.

ARTICLE IX.

OF THE MILITIA.

SECTION 1. Field-officers and company-officers shall be elected by the persons subject to militia duty within their respective command. Brigadiers-general shall be elected by the field-officers of their respective brigades, and majors-general by the brigadiers and field-officers of their respective divisions, until otherwise directed by law.

SEC. 2. General and field officers shall appoint their officers of the staff.

SEC. 3. The governor shall appoint an adjutant-general, and all other militia officers whose appointments are not otherwise provided for in this constitution.

ARTICLE X.

OF MISCELLANEOUS PROVISIONS.

SECTION 1. The general assembly of this State shall never interfere with the primary disposal of the soil of the United States, nor with any regulation Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States, nor shall lands belonging to persons residing out of the limits of this state ever be taxed higher than the lands belonging to persons residing within this state.

SEC. 2. The State shall have concurrent jurisdiction on the river Mississippi, and on every other river bordering on the said State, so far as the said river shall form a common boundary to the said State and any other State or States, now or hereafter to be formed, and bounded by the same; and the said river Mississippi, and the navigable rivers and waters leading into the same, whether bordering on or within this State, shall be common highways, and forever free to the citizens of this State and of the United States, without any tax, duty, impost, or toll thereof imposed by the State.

ARTICLE XI.

OF THE PERMANENT SEAT OF GOVERNMENT.

SECTION 1. The general assembly, at their first session, shall appoint five commissioners for the purpose of selecting a place for the permanent seat of government, whose duty it shall be to select four sections of the land of the United States which shall not have been exposed to public sale.

SEC. 2. If the commissioners believe the four sections of land, so by them to be selected, be not a suitable and proper situation for the permanent seat of government, they shall select such other place as they deem most proper for that purpose, and report the same to the general assembly at the time of making their report, provided for in the first section of this article: Provided, That no place shall be selected which is not situated on the bank of the Missouri River, and within forty miles of the mouth of the river Osage.

SEC. 3. If the general assembly determine that the four sections of land which may be selected by authority of the first section of this article be a suitable and proper place for the permanent seat of government, the said commissioners shall lay out a town thereon, under the direction of the general assembly; but if the general assembly deem it most expedient to fix the permanent seat of government at the place to be selected by authority of the second section of this article, they shall so determine, and in that event shall authorize the said commissioners to purchase any quantity of land, not exceeding six hundred and forty acres, which may be necessary for the purpose aforesaid; and the place so selected shall be the permanent seat of government of this State from and after the first day of October, one thousand eight hundred and twenty-six.

SEC. 4. The general assembly, in selecting the above-mentioned commissioners, shall choose one from each extreme part of the State, and one from the centre, and it shall require the concurrence of at least three of the commissioners to decide upon any part of the duties assigned them.

ARTICLE XII.

MODE OF AMENDING THE CONSTITUTION.

The general assembly may at any time propose such amendments to this constitution as two-thirds of each house shall deem expedient; which shall be published in all the newspapers published in this State three several times, at least twelve months before the next general election; and if, at the first session of the general assembly after such general election, two-thirds of each house shall, by yeas and nays, ratify such proposed amendments, they shall be valid, to all intents and purposes, as parts of this constitution: Provided, That such proposed amendments shall be read on three several days, in each house, as well when the same are proposed as when they are finally ratified.

ARTICLE XIII.

DECLARATION OF RIGHTS.

That the general, great, and essential principles of liberty and free government may be recognized and established, we declare

SECTION 1. That all political power is vested in, and derived from, the people.

SEC. 2. That the people of this State have the inherent, sole, and exclusive right of regulating the internal government and police thereof, and of altering and abolishing their constitution and form of government whenever it may be necessary to their safety and happiness.

SEC. 3. That the people have the right peaceably to assemble for their common good, and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance; and that their right to bear arms in defence of themselves and of the State cannot be questioned.

SEC. 4. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no man can be compelled to erect, support, or attend any place of worship, or to maintain any minister of the gospel or teacher of religion; that no human authority can control or interfere with the rights of conscience; that no person can ever be hurt, molested, or restrained in his religious profession or sentiments, if he do not disturb others in their religious worship.

SEC. 5. That no person, on account of his religious opinions, can be rendered ineligible to any office of trust or profit under this State; that no preference can ever be given by law to any sect or mode of worship; and that no religious corporation can ever be established in this State.

SEC. 6. That all elections shall be free and equal.

SEC. 7. That courts of justice ought to be open to every person, and certain remedy afforded for every injury to person, property, or character; and that right and justice ought to be administered without sale, denial, or delay; and that no private property ought to be taken or applied to public use without just compensation.

SEC. 8. That the right of trial by jury shall remain inviolate.

SEC. 9. That in all criminal prosecutions, the accused has the right to be heard by himself and his counsel; to demand the nature and cause of accusations; to have compulsory process for witnesses in his favor; to meet the witnesses against him face to face; and, in prosecutions on presentment or indictment, to a speedy trial, by an impartial jury of the vicinage; that the accused cannot be compelled to give evidence against himself; nor be deprived of life, liberty, or property but by the judgment of bis peers, or the law of the land.

SEC. 10. That no person, after having been once acquitted by a jury, can, for the same offence, be again put in jeopardy of life or limb; but if in any criminal prosecution the jury be divided in opinion at the end of the term, the court before which the trial shall be had may, in its discretion, discharge the jury, and commit or bail the accused for trial at the next term of such court.

SEC. 11. That all persons shall be bailable by sufficient sureties, except for capital ofFences, when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus cannot be suspended, unless when, in cases of rebellion or invasion, the public safety may require it

SEC. 12. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

SEC. 13. That the people ought to be secure in their persons, papers, houses, and effects from unreasonable searches and seizures; and no warrant to search any place, or to seize any person or thing, can issue without describing the place to be searched, or the person or thing to be seized, as nearly as may be, nor without probable cause, supported by oath or affirmation.

SEC. 14. 'That no person can, for an indictable offence, be proceeded against criminally, by information, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger, or by leave of the court, for oppression or misdemeanor in office.

SEC. 15. That treason against the State can consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort; that no person can be convicted of treason unless on the testimony of two witnesses to the same overt act, or on his own confession in open court; that no person can be attainted of treason or felony by the general assembly; that no conviction can work corruption of blood, or forfeiture of estate; that the estates of such persons as may destroy their own lives shall descend or vest as in cases of natural death; and when any person shall be killed by casualty, there ought to be no forfeiture by reason thereof.

SEC. 16. That the free communication of thoughts and opinions is one of the invaluable rights of man, and that every person may freely speak, write, and print on any subject, being responsible for the abuse of that liberty; that in all prosecutions for libels the truth thereof may be given in evidence, and the jury may determine the law and the facts, under the direction of the court.

SEC. 17. That no ex post facto law, nor law impairing the obligation of contracts, or retrospective in its operations, can be passed; nor can the person of a debtor be imprisoned for debt after he shall have surrendered his property for the benefit of his creditors in such manner as may be prescribed by law.

SEC. 18. That no person who is religiously scrupulous of bearing arms can be compelled to do so, but may be compelled to pay an equivalent for military service, in such manner as shall be prescribed by law; and that no priest, preacher of the gospel, or teacher of any religious persuasion or sect, regularly ordained as such, be subject to militia duty, or compelled to bear arms.

SEC. 19. That all property, subject to taxation in this State, shall be taxed in proportion to its value.

SEC. 20. That no title of nobility, hereditary emolument, privilege, or distinction shall be granted; nor any office created, the duration of which shall be longer than the good behavior of the officer appointed to fill the same.

SEC. 21. That emigration from this State cannot be prohibited.

SEC. 22. That the military is, and in all cases and at all times shail be, in strict subordination to the civil power ; that no soldier can, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in such manner as may be prescribed by law; nor can any appropriation for the support of any army be made for a longer period than two years.

SCHEDULE.

SECTION 1. That no inconvenience may arise from the change of government, we declare, that all writs, actions, prosecutions, judgments, claims, and contracts of individuals and of bodies-corporate shall continue as if no change had taken place; and all process which may, before the third Monday in September next, be issued under the authority of the Territory of Missouri shall be as valid as if issued in the name of the State.

SEC. 2. All laws now in force in the Territory of Missouri, which are not repugnant to this constitution, shall remain in force until they expire by their own limitations, or be altered or repealed by the general assembly.

SEC. 3. All fines, penalties, forfeitures, and escheats, accruing to the Territory of Missouri, shall accrue to the use of the State.

SEC. 4. All recognizances heretofore taken, or which may be taken before the third Monday in September next, shall remain valid, and shall pass over to and may be prosecuted in the name of the State; and all bonds executed to the governor of the Territory, or to any other officer or court, in his official capacity, shall pass over to the governor, or other proper State authority, and to their successors in office, for the uses therein respectively expressed, and may be sued for and recovered accordingly. All criminal prosecutions and penal actions which have arisen, or which may arise before the third Monday in September next, and which shall then be depending, shall be prosecuted to judgment and execution in the name of the State. All actions at law which now are, or which, on the third Monday in September next, may be depending in any of the courts of record in the Territory of Missouri may be commenced in or transferred to any court of record of the State which shall have jurisdiction of the subject matter thereof; and all suits in equity may, in like manner, be commenced in or transferred to the court of chancery.

SEC. 5. All officers, civil and military, now holding commissions under the authority of the United States, or of the Territory of Missouri, shall continue to hold and exercise their respective offices until they shall be superseded under the authority of the State; and all such officers holding commissions under the authority of the Territory of Missouri shall receive the same compensation which they hitherto received, in proportion to the time they shall be so employed.

SEC. 6. The first meeting of the general assembly shall be at Saint Louis, with power to adjourn to any other place; and the general assembly, at the first session thereof, shall fix the seat of government until the first day of October, eighteen hundred and twenty-six; and the first session of the general assembly shall have power to fix the compensation of the members thereof; anything in the constitution to the contrary notwithstanding.

SEC. 7. Until the first enumeration shall be made, as directed in this constitution, the county of Howard shall be entitled to eight representatives, the county of Cooper to four representatives, the county of Montgomery to two representatives, the county of Lincoln to one representative, the county of Pike to two representatives, the county of Saint Charles to three representatives, the county of Saint Louis to six representatives, the county of Jefferson to one representative, the county of Washington to two representatives, the county of Saint Genevieve to four representatives, the county of Cape Girardeau to four representatives, the county of New Madrid to two representatives, the county of Madison to one representative, the county of Wayne to one representative, and that part of the county of Saint Lawrence situated within this State, shall attach to and form part of the county of Wayne until otherwise provided by law, and the sheriff of the county of Wayne shall appoint the judges of the first election, and the place of holding the same, in the part thus attached; and any person who shall have resided within the limits of this State five months previous to the adoption of this constitution, and who shall be otherwise qualified as prescribed in the third section of the third article thereof, shall be eligible to the house of representatives, anything in this constitution to the contrary notwithstanding.

SEC. 8. For the first election of senators, the State shall be divided into districts, and the apportionment shall be as follows, that is to say, the counties of Howard and Cooper shall compose one district and elect four senators, the counties of Montgomery and Franklin shall compose one district and elect one senator, the county of Saint Charles shall compose one district and elect one senator, the counties of Lincoln and Pike shall compose one district and elect one senator, the county of Saint Louis shall compose one district and elect two senators, the counties of Washington and Jefferson shall compose one district and elect one senator, the county of Saint Genevieve shall compose one district and elect one senator, the counties of Madison and Wayne shall compose one district and elect one senator, the counties of Cape Girardeau and New Madrid shall compose one district and elect two senators; and in all cases where a senatorial district consists of more than one county, it shall be the duty of the clerk of the county second named in that district to certify the returns of the senatorial election within their proper county to the clerk of the county first named, within five days after he shall have received the same; and any person who shall have resided within the limits of this State five months previous to the adoption of this constitution, and who shall be otherwise qualified as prescribed in the fifth section of the third article thereof, shall be eligible to the senate of this State, anything in this constitution to the contrary notwithstanding.

SEC. 9. The president of the convention shall issue writs of election to the sheriffs of the several counties, or in case of vacancy to the coroners, requiring them to cause an election to be held on the fourth Monday in August next, for a governor, a lieutenant-governor, a Representative in the Congress of the United States, for the residue of the Sixteenth Congress, a Representative for the Seventeenth Congress, senators and representatives for the general assembly, sheriffs and coroners, and the returns of all township elections, held in pursuance thereof, shall be made to the clerks of the proper county within five days after the day of election; and any person who shall reside within the limits of this State at the time of the adoption of this constitution, and who shall be otherwise qualified as prescribed in the tenth section of the third article thereof, shall be deemed a qualified elector, anything in this constitution to the contrary notwithstanding.

SEC. 10. The elections shall be conducted according to the existing laws of the Missouri Territory. The clerks of the circuit courts of the several counties shall certify the returns of the election of governor and lieutenant-governor, and transmit the same to the speaker of the house of representatives, at the temporary seat of government, in such time that they may be received on the third Monday of September next. As soon as the general assembly shall be organized, the speaker of the house of representatives, and the president pro tempore of the senate, shall, in the presence of both houses, examine the returns, and declare who are duly elected to fill those offices; and if any two or more persons shall have an equal number of votes, and a higher number than any other person, the general assembly shall determine the election in the manner herein provided; and the returns of the election for members of Congress shall be made to the secretary of the State within thirty days after the day of election.

SEC. 11. The oaths of office, herein directed to be taken, may be administered by any judge or justice of the peace, until the general assembly shall otherwise direct.

SEC. 12. Until a seal of the State be provided, the governor may use his private seal.

DAVID BARTON, President.
W. G. PETTUS, Secretary.
_______________

* This constitution was framed by a convention which met at Saint Louis June 12, 1820, and completed its labors July 19, 1820. It was ratified by the people at the ensuing election.

SOURCES: Benjamin Perley Poore, Compiler, The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States, Part 2, p. 1104-17

Monday, August 17, 2020

Robert G. Harper to Elias B. Caldwell, August 20, 1817

BALTIMORE, August 20, 1817.

DEAR SIR: Ever since I received your letter of July 11, requesting the communication of such ideas as had occurred to me concerning the proposed plan of colonizing the free blacks in the United States, with their own consent, and indeed from the time of our short interview at Washington, when you first mentioned the subject to me, I have kept it constantly in view, and revolved it much in my mind. Hitherto, however, I have been prevented from putting my thoughts on paper, or even digesting and reducing them to method, by various interruptions, arising in part from accident, and in part from professional engagements, in the midst of which I am obliged at last to write. This may interfere very much with the order of my ideas, but will not, I trust, occasion any material omission[.]

Nor do I apprehend much inconvenience from the delay, since the preparatory measures for the first step in this great enterprise, the institution of a mission to the southwestern coast of Africa, to explore the ground, and seek out a suitable situation for the establishment of the colony, are not yet, I believe, entirely completed.

Although you confine your request to the communication of my ideas concerning the manner and means of accomplishing this great design, it will not, I trust, be improper or unseasonable to throw out, by way of preface and introduction, some hints on its usefulness and practicability, which have long engaged my attention, and are susceptible I think of very full proof. To many, and especially to you, this I know is quite unnecessary; but great numbers of our countrymen, including many persons of good sense, considerable influence, and the best intentions, may have serious doubts on these two points, which it is of great importance to remove, in order to gain their zealous co-operation. Towards the attainment of so desirable an object I wish to contribute my mite, for which this seems to be a fit occasion.

In reflecting on the utility of a plan for colonizing the free people of color, with whom our country abounds, it is natural that we should be first struck by its tendency to confer a benefit on ourselves, by ridding us of a population for the most part idle and useless, and too often vicious and mischievous. These persons are condemned to a state of hopeless inferiority and degradation by their color, which is an indelible mark of their origin and former condition, and establishes an impassable barrier between them and the whites. This barrier is closed forever by our habits and our feelings, which perhaps it would be more correct to call our prejudices, and which, whether feelings or prejudices, or a mixture of both, make us recoil with horror from the idea of an intimate union with the free blacks, and preclude the possibility of such a state of equality, between them and us, as alone could make us one people. Whatever justice, humanity, and kindness, we may feel towards them, we cannot help considering them, and treating them, as our inferiors; nor can they help viewing themselves in the same light, however hard and unjust they may be inclined to consider such a state of things. We cannot help associating them in our feelings and conduct, nor can they help associating themselves, with the slaves, who have the same color, the same origin, and the same manners, and with whom they or their parents have been recently in the same condition. Be their industry ever so great, and their conduct ever so correct, whatever property they may acquire, or whatever respect we may feel for their characters, we never could consent, and they never could hope, to see the two races placed on a footing of perfect equality with each other; to see the free blacks, or their descendants, visit in our houses, form part of our circle of acquaintance, marry into our families, or participate in public honors and employments. This is strictly true of every part of our country, even those parts where slavery has long ceased to exist, and is held in abhorrence. There is no State in the Union where a negro or mulatto can ever hope to be a member of Congress, a judge, a militia officer, or even a justice of the peace; to sit down at the same table with the respectable whites, or to mix freely in their society. I may safely assert that Paul Cuffee, respectable, intelligent, and wealthy as he is, has no expectation or chance of ever being invited to dine with any gentleman in Boston; of marrying his daughter, whatever may be her fortune or education, to one of their sons; or of seeing his son obtain a wife among their daughters.

This circumstance, arising from the difference of color and origin between the slaves and the free class, distinguishes the slavery of America from that of every other country, ancient or modern. Slavery existed among almost all the ancient nations; it now exists throughout Asia, Africa, and America, and in every part of the Russian and Turkish dominions in Europe; that is, in more than three-fourths of the world. But the great body of the slaves every where, except in North and South America, are of the same race, origin, color, and general character, with the free people. So it was among the ancients. Manumission therefore, by removing the slave from the condition of slavery, exempted him from its consequences, and opened his way to a full participation in all the benefits of freedom. He was raised to an equality with the free class, became incorporated into it with his family, and might, by good fortune or good conduct, soon wash out the stain, and obliterate the remembrance, of his former degraded condition.

But in the United States this is impossible. You may manumit the slave, but you cannot make him a white man; he still remains a negro or a mulatto. The mark and the recollection of his origin and former state still adhere to him; the feelings produced by that condition in his own mind, and in the minds of the whites, still exist; he is associated, by his color and by these recollections and feelings, with the class of slaves ; and a barrier is thus raised between him and the whites, that is, between him and the free class, which he can never hope to transcend. With the hope he gradually loses the desire. The debasement, which was at first compulsory, has now become habitual and voluntary. The incitement to good conduct and exertion, which arises from the hope of raising himself or his family in the world, is a stranger to his breast. He looks forward to no distinction, aims at no excellence, and makes no effort beyond the supply of his daily wants; and the restraints of character being lost to him, he seeks, regardless of the future, to obtain that supply by the means which cost him the least present trouble. The authority of the master being removed, and its place not being supplied by moral restraints or incitements, he lives in idleness, and probably in vice, and obtains a precarious support by begging or theft. If he should avoid those extremes, and follow some regular course of industry, still the habits of thoughtless improvidence, which he contracted while a slave himself, or has caught from the slaves among whom he is forced to live, who of necessity are his companions and associates, prevent him from making any permanent provision for his support by prudent foresight and economy, and, in case of sickness, or of bodily disability from any other cause, send him to live as a pauper at the expense of the community.

There are no doubt many honorable, and some very distinguished, exceptions; but I may safely appeal to the observation of every man, at all acquainted with the class of people in question, for the correctness of this picture.

Such a class must evidently be a burden and a nuisance to the community; and every scheme which affords a prospect of removing so great an evil must deserve to be most favorably considered.

But it is not in themselves merely that the free people of color are a nuisance and burden. They contribute greatly to the corruption of the slaves, and to aggravate the evils of their condition, by rendering them idle, discontented, and disobedient. This also arises from the necessity, under which the free blacks are, of remaining incorporated with the slaves, of associating habitually with them, and forming part of the same class in society. The slave, seeing his free companion live in idleness, or subsist, however scantily or precariously, by occasional and desultory employment, is apt to grow discontented with his own condition, and to regard as tyranny and injustice the authority which compels him to labor. Hence, he is strongly incited to elude this authority, by neglecting his work as much as possible, to withdraw himself from it altogether by flight, and sometimes to attempt direct resistance. This provokes or impels the master to severity, which would not otherwise be thought necessary; and that severity, by rendering the slave still more discontented with his condition, and more hostile towards his master, by adding the sentiments of resentment and revenge to his original dissatisfaction, often renders him more idle and more worthless, and thus induces the real or supposed necessity of still greater harshness on the part of the master. Such is the tendency of that comparison which the slave cannot easily avoid making between his own situation and that of the free people of his own color, who are his companions, and in every thing, except exemption from the authority of a master, his equals, whose condition, though often much worse than his own, naturally appears better to him; and, being continually under his observation, and in close contact with his feelings, is apt to chafe, goad, and irritate him incessantly. This effect, indeed, is not always produced; but such is the tendency of this state of things, and it operates more extensively, and with greater force, than is commonly supposed.

But this effect, injurious as it must be to the character and conduct of the slaves, and consequently to their comfort and happiness, is far from being the worst that is produced by the existence of free blacks among us. A vast majority of the free blacks, as we have seen, are and must be an idle, worthless, and thievish race. It is with this part of them that the slaves will neccessarily associate the most frequently and the most intimately. Free blacks of the better class, who gain a comfortable subsistence by regular industry, keep as much as possible aloof from the slaves, to whom in general they regard themselves as in some degree superior. Their association is confined as much as possible to the better and more respectable class of slaves; but the idle and disorderly free blacks naturally seek the society of such slaves as are disposed to be idle and disorderly too, whom they encourage to be more and more so by their example, their conversation, and the shelter and means of concealment which they furnish. They encourage the slaves to theft, because they partake in its fruits; they receive, secrete, and dispose of the stolen goods, a part, and probably much the largest part, of which they often receive as a reward for their services; they furnish places of meeting and hiding places in their houses for the idle and the vicious slaves, whose idleness and vice are thus increased and rendered more contagious. These hiding places and places of meeting are so many traps and snares for the young and thoughtless slaves who have not yet become vicious; so many schools, in which they are taught, by precept and example, idleness, lying, debauchery, drunkenness, and theft. The consequence of all this is very easily seen, and I am sure is severely felt, in all places where free people of color exist in considerable numbers. That so many resist this contagion, that the free blacks themselves, as well as the slaves, do not become still more generally profligate, is a strong and consoling proof that the race possesses a fund of good dispositions, and is capable, in a proper situation, and under proper management, of becoming a virtuous and happy people. To place them in such a situation, to give them the benefit of such management, is the object of your noble enterprise; and surely no object is more entitled to approbation. .

Great, however, as the benefits are which we may thus promise ourselves from the colonization of the free people of color, by its tendency to prevent the discontent and corruption of our slaves, and to secure to them a better treatment, by rendering them more worthy of it, there is another advantage, infinitely greater in every point point [sic] of view, to which it may lead the way. It tends, and may powerfully tend, to rid is, gradually and entirely, in the United States, of slaves and slavery: a great moral and political evil, of increasing virulence and extent, from which much mischief is now felt, and very great calamity in future is justly apprehended. It is in this point of view, I confess, that your scheme of colonization most strongly recommends itself, in my opinion, to attention and support. The alarming danger of cherishing in our bosom a distinct nation, which can never become incorporated with us, while it rapidly increases in numbers and improves in intelligence; learning from us the arts of peace and war, the secret of its own strength, and the talent of combining and directing its force—a nation which must ever be hostile to us, from feeling and interest, because it can never incorporate with us, nor participate in the advantages which we enjoy; the danger of such a nation in our bosom need not be be [sic] pointed out to any reflecting mind. It speaks not only to our understandings, but to our very senses; and however it may be derided by some, or overlooked by others, who have not the ability or the time, or do not give themselves the trouble to reflect on and estimate properly the force and extent of those great moral and physical causes which prepare gradually, and at length bring forth, the most terrible convulsions in civil society, it will not be viewed without deep and awful apprehension by any who shall bring sound minds and some share of political knowledge and sagacity to the serious consideration of the subject. Such persons will give their most serious attention to any proposition which has for its object the eradication of this terrible mischief lurking in our vitals. I shall presently have occasion to advert a little to the manner in which your intended colony will conduce to this great end. It is therefore necessary to touch on it here. Indeed, it is too obvious to require much explanation.

But, independently of this view of the case, there is enough in the proposed measure to command our attention and support on the score of benefit to ourselves.

No person who has seen the slaveholding States, and those where slavery does not exist, and has compared ever so slightly their condition and situation, can have failed to be struck with the vast difference in favor of the latter. This difference extends to every thing, except only the character and manners of the most opulent and best educated people. These are very much the same every where. But in population; in the general diffusion of wealth and comfort; in public and private improvements; in the education, manners, and mode of life of the middle and laboring classes; in the face of the country; in roads, bridges, and inns; in schools and churches; in the general advancement of improvement and prosperity, there is no comparison. The change is seen the instant you cross the line which separates the country where there are slaves from that where there are none. Even in the same State, the parts where slaves most abound are uniformly the worst cultivated, the poorest, and the least populous; while wealth and improvement uniformly increase as the number of slaves in the country diminishes. I might prove and illustrate this position by many examples drawn from a comparison of different States, as Maryland and Pennsylvania, and between different counties in the same State, as Charles county and Frederick, in Maryland; but it is unnecessary, because every body who has seen the different parts of the country has been struck by this difference. Whence does it arise? I answer, from this: that in one division of country the land is cultivated by freemen, for their own benefit, and in the other almost entirely by slaves, for the benefit of their masters. It is the obvious interest of the first class of laborers to produce as much and consume as little as possible, and of the second class to consume as much and produce as little as possible. What the slave consumes is for himself; what he produces is for his master. All the time that he can withdraw from labor is gained to himself; all that he spends in labor is devoted to his master. All that the free laborer, on the contrary, can produce is for himself; all that he can save is so much added to his own stock. All the time that he loses from labor is his own loss.

This, if it were all, would probably be quite sufficient to account for the whole difference in question. But, unfortunately, it is far from being all. Another, and a still more injurious effect of slavery, remains to be considered.

Where the laboring class is composed wholly, or in a very considerable degree, of slaves, and of slaves distinguished from the free class by color, features, and origin, the ideas of labor and of slavery soon become connected in the minds of the free class. This arises from that association of ideas which forms one of the characteristic features of the human mind, and with which every reflecting person is well acquainted. They who continually from their infancy see black slaves employed in labor, and forming by much the most numerous class of laborers, insensibly associate the ideas of labor and of slavery, and are almost irresistibly led to consider labor as a badge of slavery, and consequently as a degradation. To be idle, on the contrary, is in their view the mark and the privilege of freemen. The effect of this habitual feeling upon that class of free whites which ought to labor, and consequently upon their condition, and the general condition of the country, will be readily perceived by those who reflect on such subjects. It is seen in the vast difference between the laboring class of whites in the Southern and Middle, and those of the Northern and Eastern States, Why are the latter incomparably more industrious, more thriving, more orderly, more comfortably situated, than the former ? The effect is obvious to all those who have travelled through the different parts of our country. What is the cause? It is found in the association between the idea of slavery and the idea of labor, and in the feeling produced by this association, that labor, the proper occupation of negro slaves, and especially agricultural labor, is degrading to a free white man.

Thus we see that, where slavery exists, the slave labors as little as possible, because all the time that he can withdraw from labor is saved to his own enjoyments; and consumes as much as possible, because what he consumes belongs to his master; while the free white man is insensibly but irresistibly led to regard labor, the occupation of slaves, as a degradation, and to avoid it as much as he can. The effect of these combined and powerful causes, steadily and constantly operating in the same direction, may easily be conceived. It is seen in the striking difference which exists between the slaveholding sections of our country and those where slavery is not permitted.

It is therefore obvious that a vast benefit would be conferred on the country, and especially on the slaveholding districts, if all the slave laborers could be gradually and imperceptibly withdrawn from cultivation, and their place supplied by free white laborers—I say gradually and imperceptibly, because, if it were possible to withdraw, suddenly and at once, so great a portion of the effective labor of the community as is now supplied by slaves, it would be productive of the most disastrous consequences. It would create an immense void, which could not be filled; it would impoverish a great part of the community, unhinge the whole frame of society in a large portion of the country, and probably end in the most destructive convulsions. But it is clearly impossible, and therefore we need not enlarge on the evils which it would produce.

But to accomplish this great and beneficial change gradually and imperceptibly, to substitute a free white class of cultivators for the slaves, with the consent of the owners, by a slow but steady and certain operation, I hold to be as practicable as it would be beneficial; and I regard this scheme of colonization as the first step in that great enterprise.

The considerations stated in the first part of this letter have long since produced a thorough conviction in my mind that the existence of a class of free people of color in this country is highly injurious to the whites, the slaves, and the free people of color themselves. Consequently, that all emancipation, to however small an extent, which permits the persons emancipated to remain in this country, is an evil which must increase with the increase of the operation, and would become altogether intolerable, if extended to the whole, or even to a very large part, of the black population. I am therefore strongly opposed to emancipation, in every shape and degree, unless accompanied by colonization.

I may perhaps on some future occasion develop a plan, on which I have long meditated, for colonizing gradually, and with the consent of their owners, and of themselves, where free, the whole colored population, slaves and all; but this is not the proper place for such an explanation, for which indeed I have not time now. But it is an essential part of the plan, and of every such plan, to prepare the way for its adoption and execution, by commencing a colony of blacks, in a suitable situation and under proper management. This is what your society propose to accomplish. Their project therefore, if rightly formed and well conducted, will open the way for this more extensive and beneficial plan of removing, gradually and imperceptibly, but certainly, the whole colored population from the country, and leaving its place to be imperceptibly supplied, as it would necessarily be, by a class of free white cultivators. In every part of the country this operation must necessarily be slow. In the Southern and Southwestern States it will be very long before it can be accomplished, and a very considerable time must probably elapse before it can even commence. It will begin first, and be first completed, in the Middle States, where the evils of slavery are most sensibly felt, the desire of getting rid of the slaves is already strong, and a greater facility exists of supplying their place by white cultivators. From thence it will gradually extend to the South and Southwest, till, by its steady, constant, and imperceptible operation, the evils of slavery shall be rooted out from every part of the United States, and the slaves themselves, and their posterity, shall be converted into a free, civilized, and great nation, in the country from which their progenitors were dragged, to be wretched themselves and a curse to the whites.

This great end is to be attained in no other way than by a plan of universal colonization, founded on the consent of the slaveholders and of the colonists themselves. For such a plan, that of the present colonization society opens and prepares the way, by exploring the ground, selecting a proper situation, and planting a colony, which may serve as a receptacle, a nursery, and a school, for those that are to follow. It is in this point of view that I consider its benefits as the most extensive and important, though not the most immediate.

The advantages of this undertaking, to which I have hitherto adverted, are confined to ourselves. They consist in ridding us of the free people of color, and preparing the way for getting rid of the slaves and of slavery. In these points of view they are undoubtedly very great. But there are advantages to the free blacks themselves, to the slaves, and to the immense population of middle and southern Africa, which no less recommend this undertaking to our cordial and zealous support.

To the free blacks themselves the benefits are the most obvious, and will be the most immediate. Here they are condemned to a state of hopeless inferiority, and consequent degradation. As they cannot emerge from this state, they lose by degrees the hope and at last the desire of emerging. With this hope and desire they lose the most powerful incitements to industry, frugality, good conduct, and honorable exertion. For want of this incitement, this noble and ennobling emulation, they sink for the most part into a state of sloth, wretchedness, and profligacy. The few honorable exceptions serve merely to show of what the race is capable in a proper situation. Transplanted to a colony composed of themselves alone, they would enjoy real equality; in other words, real freedom. They would become proprietors of land, master mechanics, shipowners, navigators, and merchants, and by degrees schoolmasters, justices of the peace, militia officers, ministers of religion, judges, and legislators. There would be no white population to remind them of and to perpetuate their original inferiority; but, enjoying all the privileges of freedom, they would soon enjoy all its advantages and all its dignity. The whites who might visit them would visit them as equals, for the purposes of a commerce mutually advantageous. They would soon feel the noble emulation to excel, which is the fruitful source of excellence in all the various departments of life; and, under the influence of this generous and powerful sentiment, united with the desire and hope of improving their condition, the most universal and active incitements to exertion among men, they would rise rapidly in the scale of existence, and soon become equal to the people of Europe, or of European origin, so long their masters and oppressors. Of all this the most intelligent among them would soon become sensible. The others would learn it from them; and the prospect and hope of such blessings would have an immediate and most beneficial effect on their condition and character; for it will be easy to adopt such regulations as to exclude from this colony all but those who shall deserve by their conduct to be admitted; thus rendering the hope of admission a powerful incentive to industry, honesty, and religion.

To the slaves, the advantages, though not so obvious or immediate, are yet certain and great.

In the first place, they would be greatly benefited by the removal of the free blacks, who now corrupt them, and render them discontented: thus exposing them to harsher treatment and greater privations. In the next place, this measure would open the way to their more frequent and easier manumission; for many persons, who are now restrained from manumitting their slaves by the conviction that they generally become a nuisance when manumitted in the country, would gladly give them freedom, if they were to be sent to a place where they might enjoy it usefully to themselves and to society. And, lastly, as this species of manumission, attended by removal to a country where they might obtain all the advantages of freedom, would be a great blessing, and would soon be so considered by the slaves, the hope of deserving and obtaining it would be a great solace to their sufferings, and a powerful incitement to good conduct. It would thus tend to make them happier and better before it came, and to fit them better for usefulness and happiness afterwards.

Such a colony, too, would enlarge the range of civilization and commerce, and thus tend to the benefit of all civilized and commercial nations. In this benefit our own nation would most largely participate; because, having founded the colony, and giving it constant supplies of new members, as well as its first and principal supply of necessaries and comforts, its first counexions would be formed with us, and would naturally grow with its growth and our own, till they ripened into fixed habits of intercourse, friendship, and attachment.

The greatest benefit, however, to be hoped from this enterprise, that which, in contemplation, most delights the philanthropic mind, still remains to be unfolded. It is the benefit to Africa herself, from this return of her sons to her bosom, bearing with them arts, knowledge, and civilization, to which she has hitherto been a stranger. Cast your eyes, my dear sir, on this vast continent; pass over the northern and northeastern parts, and the great desert, where sterility, ferocious ignorance, and fanaticism, seem to hold exclusive and perpetual sway; fix your attention on Soudan, and the widely extended regions to the south; you see there innumerable tribes and nations of blacks, mild and humane in their dispositions, sufficiently intelligent, robust, active, and vigorous, not averse from labor or wholly ignorant of agriculture, and possessing some knowledge of the ruder arts, which minister to the first wants of civilized man; you see a soil generally fertile, a climate healthy for the natives, and a mighty river, which rolls its waters through vast regions inhabited by these tribes, and seems destined, by an all wise and beneficent Providence, one day to connect then with each other, and all of them with the rest of the world, in the relations of commerce and friendly intercourse. What a field is here presented for the blessings of civilization and Christianity, which colonies of civilized blacks afford the best and probably the only means of introducing. These colonies, composed of blacks already instructed in the arts of civilized life and the truths of the gospel, judiciously placed, well conducted, and constantly enlarged, will extend gradually into the interior, will form commercial and political connexions with the native tribes in their vicinity, will extend those connexions to tribes more and more remote, will incorporate many of the natives with the colonies, and in their turn make establishments and settlements among the natives, and thus diffuse all around the arts of civilization, and the benefits of literary, moral, and religious instruction.

That such must be the tendency of colonies of this description, if well placed; well formed, and well conducted, cannot, I think, be reasonably doubted. Such a colony has already been established, with satisfactory success and flattering prospects. But it may be doubted, perhaps, whether the situation has been fortunately chosen with respect to all the objects that ought to be kept in view; and it is still more questionable, whether a sufficient supply of colonists of a proper description, to give it the extent necessary for rendering it in any considerable degree beneficial, can be drawn from the sources on which it must rely. It is in the United States alone that such colonists can be found in any considerable numbers. In the choice of a good situation, too, on which so much depends, we have far more assistance from recent discoveries, and the extention of geographical knowledge in that quarter of the globe, than was possessed by the founders of that colony. We have the benefit of their experience, of their discoveries, and even of their errors, which we may be able to correct or avoid. Useful therefore and meritorious as their establishment certainly is, we may hope to render ours far more extensively beneficial.

An objection, of some plausibility, is frequently urged against this scheme of colonizing the free people of color, which it may be proper in this place to notice. These people, it is said, especially the industrious and estimable part of them, will not go to the new colony. That many of them will decline to go at first, and some always, cannot be doubted. It is even probable, and may be safely admitted, that but few of them now think favorably of the project; for men, especially ignorant men, venture unwillingly upon great changes, the extent, nature, and consequences of which they are little capable of understanding. But it by no means follows that the same unwillingness or hesitation will continue, after the ground shall have been broken, the way opened, and the settlement formed. In the first instance, none will engage but the most industrious, intelligent, and enterprising, who are capable of discerning the advantages of the undertaking, and have resolution and energy enough to encounter its first hardships and risks. This is the case with all colonies, and especially those formed in distant, unknown, or unsettled countries. Some resolute and adventurous spirits first embark, and they open and prepare the way for others. It is stated and believed, on evidence better known to you than to me, that a sufficient number of such persons stand ready at this time to commence the colony, as soon as the necessary previous arrangements can be made. I have no doubt of the fact, not only from information, but from general reasoning on the human character, and my knowledge of many individuals among the free blacks. When this first step is taken, (and in most enterprises the greatest difficulty lies in the first step,) when a settlement of free blacks shall have actually been formed, the way opened, and the first difficulties surmounted, others will soon be disposed to follow. If successful and prosperous, as it certainly will be if properly conducted, its success will quickly become known to the free blacks in every part of the country.

However distrustful of the whites, they will confide in the reports made to them by people of their own color and class. The prosperity of the settlement, and the advantageous condition of the settlers, will soon be universally understood and believed; and, indeed, will be far more apt to be exaggerated than undervalued. The most ignorant and stupid of the free people of color will speedily understand or believe that, in the colony, they may obtain a state of equality, opulence, and distinction, to which they can never aspire in this country: hence the desire to join their friends and equals there may be expected soon to become general among them; nor is it too much to hope and anticipate that this desire will speedily grow into a passion ; that the difficulty will be not to find colonists, but to select them; and that the hope of being received into the favored number, for whom it may be practicable to provide annually, will ere long become a most powerful and operative incentive to industry, sobriety, and general good conduct, among the whole class from which the selection will be annually made.

Having detained you thus long, my dear sir, much too long, I am afraid, with these preliminary observations on the benefits which may be expected from this undertaking, I proceed now to the manner of carrying it into execution. I shall not, however, treat this branch of the subject in its whole extent, for which this is not the proper place, bit shall confine myself to the objects more immediately in view at this time the choice of a proper situation for the first settlement, and the circumstances to which the attention of the agent, who is to be sent out for the purpose of exploring the ground, ought chiefly to be directed.

The first of these circumstances is salubrity, with a view to which the vicinity of low and marshy grounds, of swamps, and of rivers which are apt to overflow their banks, ought to be carefully avoided. High situations, open to the sea, or washed by rivers with high and steep banks, should be sought. Mountains in the vicinity, and in the direction from which the winds regularly blow, are much to be desired; and great attention should be paid to the abundance of brooks and springs, and to the quality of their water. On all these accounts, an elevated and uneven surface ought to be preferred, though less fertile than the flat low grounds. Too much attention ought not to be paid, in the first settlements, either to great fertility or the convenience of navigation. The first establishment should no doubt be within a convenient distance from a good port, but need not be close to it ; nor ought to be so, unless the immediate vicinity should be much more healthy than such situations usually are. The settlement must be entirely agricultural at first, and will long, perhaps always, continue so, in a very great degree. Commerce there, as in our own country, must and will soon grow out of agriculture; but the first settlements ought to be made with a view to the latter, far more than to the former. Contiguity to a good market for agricultural productions is, indeed, a very important incitement and aid to agricultural industry, and therefore a very important circumstance in the location of an agricultural colony; but it is far from being the most important, and care must be taken to prevent its being too much regarded.

Nor ought any thing in this respect to be sacrificed to great fertility, which is most frequently found in low, flat, and unwholesome situations. A good soil, well adapted to the cultivation of wheat, Indian corn or maize, and cotton, is all in this respect that ought to be desired; and such soils are found in places possessing every advantage of good water, with a dry and pure atmosphere. Wheat and Indian corn are the best articles of food, and the soils that produce them are fit also for various other grains and vegetables, useful for food and of easy culture, especially the sweet potato and various kinds of pulse, which thrive well in hot climates. As an object of tillage, with a view to exportation, cotton is by far the best, because it thrives well in high and healthy situations, of a light soil, may he cultivated 10 advantage on small farms, and requires little labor which cannot be performed by women and children.

Attention should also be paid to suitable streams for the erection of grist mills, saw mills, and other water works, which will be almost indispensable to the colony in its infant state, and of great utility at a more advanced period. Fortunately, such streams abound most in the countries best adapted in other respects to agricultural settlements.

The character, condition, and disposition of the natives, will also require very particular attention; it being of the greatest importance to gain and preserve their good will, so as to cultivate and cement a free and friendly intercourse with them, obtain from them assistance and supplies, and gradually communicate to them the knowledge and habits of civilized life. For this essential purpose, we should not only avoid the neighborhood of fierce and warlike tribes, but that of very large and powerful ones, who will be much more unmanageable and dangerous than small ones in many points of view.

It would also be best to select a situation as distant as possible from Sierra Leone. There would no doubt be some advantages at first in a close neighborhood, but they would probably be soon overbalanced by the jealousies and collisions which could hardly fail to take place between two colonies established under different Governments, and with different views and interests in many important points. This is an objection to Sherbro river, probably not insurmountable, but sufficient to turn the scale in favor of a more distant position, possessing in other respects equal or nearly equal advantages.

If, indeed, an arrangement could be made with the British Government for an union and incorporation of the two colonies, or rather for the reception of our colonists into their settlement, it might deserve serious consideration. There would no doubt be many advantages at first in sending them to a settlement already formed, where the first difficulties have been surmounted, and a regular government exists. But this is matter for future deliberation. We ought now to search out a fit place for ourselves; for it is doubtful whether an incorporation would be agreed to by the British Government, and far from being certain that the best place has been chosen for their establishment. When these points shall have been ascertained, and we know what prospect there is of obtaining a suitable situation elsewhere, a negotiation may be opened, if then thought advisable, for uniting the two colonies.

There will always be one strong objection to the incorporation. The British colony will be for a long time retained in the colonial state, subject to a foreign and distant Government, and, when ripe for independence, will probably be compelled to seek it by force of arms. The nature and habitual policy of that Government will almost necessarily lead to this result. Our colony, on the contrary, ought to be republican from the beginning, and formed and fashioned with a view to self-government and independence, with the consent of the mother country, at the earliest practicable period. It is thus only that it can be most useful to the colonists, to Africa, to its, and to the general cause of humanity.

It would, however, be premature at present to decide on the question of incorporation; and therefore, with a view to this interesting part of the case, the agent should be instructed to investigate most carefully the progress and present state of the Sierra Leone settlement, and to ascertain, as exactly as possible, all the circumstances of its locality, as relates to health; fertility; objects of culture suitable to its soil and climate; navigation; the nature of the country in its vicinity; the character, situation, and strength of the neighboring tribes; and the facilities of communication with the remote and interior parts of the continent.

One very important circumstance in the selection of a suitable place for our settlements, to which the attention of the agent ought to be particularly directed, still remains to be brought into view. I mean the facility of communication with the Niger, that mighty river, which seems destined to supply the link of connexion between the interior of Africa and the civilized world.
I take the question relative to the lower course and termination of the Niger to be now satisfactorily settled. The discoveries of Park, in his last journey, compared and connected with the information derived from Mr. Maxwell and others, concerning the river Zayr, improperly called the Congo, from the name of a little district at its mouth, to say nothing of Sidi Hamet's narrative, as given to us by Captain Riley, which deserves great attention, authorize us, I think, to conclude that these two rivers are the same; in other words, that the Niger, after having traversed the interior of Africa four thousand miles, falls, under the name of Zayr, into the Atlantic, south of the equator : thus laying open that vast continent to its in. most recesses, and bringing its immense population into contact with the rest of the world. There is some doubt and much contrariety of opinion on this point, and this is not the place for entering at large into the discussion. Fortunately, a decision of the question, which cannot be absolutely decided till the course of the Niger shall be pursued to its termination, is not necessary for our present purpose; for, whether this great body of waters, collected in a course of two thousand miles, be lost, according to the opinion of some, in the sands, marshes, and lakes, supposed to exist in the centre of Africa; or, as others have imagined, be discharged into the Mediterranean through the Nile, a river of a more elevated bed, and hardly a tenth part as large; or, being arrested in its progress eastward toward the Indian ocean, by the elevated country in which the Nile has its sources, is driven through the feebler barrier of the mountains on the south, and thrown off to the Southern Atlantic; it is still the only avenue into the interior of Africa—and a noble avenue it is. At Bammakoo, where Park struck it in his last voyage, he stales it to be a mile wide. From thence to Houssa, a distance of between six and seven hundred miles, its course has been satisfactorily ascertained. Throughout this great extent, in which it receives many large streams, and flows through a fertile country, its current, though strong, is smooth and even, uninterrupted by cataracts or shoals. As it advances eastward, it recedes more and more from the coast, and thus becomes more and more difficult of access. Settlements therefore on the Atlantic, formed with a view to commercial intercourse with the vast countries on the Niger, and those more distant to which it leads, must be placed as near as possible to its upper waters, where they first begin to be navigable for boats.

These waters probably approach much nearer the Atlantic than has hitherto been believed. We have seen that, at Bammakoo, the highest point to which it has yet been traced, it is a mile wide-as large as the Susquehanna at its entrance into the Chesapeake bay. It must therefore be a very considerable stream much higher up; that is, much further to the south west, and consequently much nearer to the Atlantic. It has its source in the western part of a chain of mountains, which runs from west to east, nearly parallel with that part of the coast of Africa which extends from Sierra Leone to the bight of Benin. These mountains separate it from the rivers which, rising on their southern side, fall into the Atlantic, in the neighborhood of Sierra Leone. Their sources no doubt approach very near to those of the Niger; probably no great distance divides its navigable waters from theirs. Such a river, with a good port at or near its mouth, and a fertile country on its banks, would present the proper situation for a colony, planted with a view to the civilization of Africa, by the commerce of the Niger.

The course of such a commerce would be to ascend the Atlantic river, as far as possible, in boats, with the commodities wanted for the interior consumption, and to establish at that point a place of deposite, from whence the merchandise would be sent over land to the Niger, and down it to the various markets below. The returns would go up the Niger to its highest navigable point, where a town would soon arise; from thence, they would pass by land to the place of deposite on the other side of the mountain, and there be put into boats, for transportation down the river to the shipping port. If the Niger should be ascertained to continue its course to the ocean, an intercourse would gradually be extended down to its mouth, where a great commercial city, would arise; and to this mart the return cargoes purchased above would gradually find their way down the stream. Thus an immense circle of commerce would imperceptibly be formed, embracing the whole course of the Niger, and the vast countries which it waters and lays open, and connecting them all with each other, and with the whole commercial world. For a very considerable time this commerce would be confined to the countries far up the river, near to its source, where settlements would first be formed, and civilization would commerce. As the communication between these first settlements and those on the Atlantic became more and more safe, easy, and expeditious, by means of intermediate settlements, good roads, and improved inland navigation, colonies and trade would extend further and further down the river. Other settlements would soon be commenced at its mouth. At last, these two branches would meet and unite in a commerce vast as the stream on which it would be borne, and as the continent which it would civilize, enlighten, and adorn.

Ages, indeed, may be required for the full attainment of these objects; untoward events or unforeseen difficulties may retard or defeat them; but the prospect, however remote or uncertain, is still animating, and the hope of success seems sufficient to stimulate us to the utmost exertion. How vast and sublime a career does this undertaking open to a generous ambition, aspiring to deathless fame by great and useful actions! Who can count the millions that in future times shall know and bless the names of those by whom this magnificent scheme of beneficence and philanthropy has been conceived, and shall be carried into execution! Throughout the widely extended regions of middle and southern Africa, then filled with populous and polished nations, their memories shall be cherished and their praises sung, when other States, and even the flourishing and vigorous nation to which they belong, now in its flower of youth, shall have run their round of rise, grandeur, and decay, and, like the founders of Palmyra, Tyre, Babylon, Memphis, and Thebes, shall no longer be known, except by vague reports of their former greatness, or by some fragments of those works of art, the monuments of their taste, their power, or their pride, which they may leave behind.

It is in connexion, my dear sir, with this great operation that I consider your proposed colony of free blacks as most interesting and important. It ought to be the first step in this splendid career, and ought to be located with that view. In choosing a situation for it, therefore, the greatest regard ought to be had to its future connexion with the Niger. To this end, the agent ought to be instructed to make the most careful inquiries concerning the sources of that river, and its highest or most southwestern point; he should also make every effort to obtain the most full and accurate information concerning the rivers that rise in the mountains opposite to its sources, and take their course southwestwardly to the ocean; their size, the nature of the country through which they flow, the height to which they are navigable for ships and for boats, and the harbors al or near their mouths, should all be ascertained with the utmost care and accuracy. That river which combines in the greatest degree the advantages of salubrity, soil, navigation, and good neighborhood, and at the same time brings us nearest to the navigable waters of the Niger, by a good pass over the intervening mountains, is, I apprehend, the proper place, in itself, for the establishment of our colony.

I say in itself: because a place combining all those advantages may still be very unfit for our purpose, if it lie within the claims of any European Power, or too near any of their settlements. It should therefore be a particular object of the agent's attention to ascertain the situation and extent of those claims, and the distance between any European settlements and such place as may appear suited to our views. Inquiries concerning the territorial claims of European Powers can best be made in London; but it is in Africa alone that such information, when obtained, can be applied to the object of the intended mission.

There is a river, called in some maps the Mesurada, which, as there laid down, extends its branches further northeast than any other, and enters the ocean about one hundred or one hundred and fifty miles southeast of the Sherbro. It deserves, I think, the particular attention of the agent, who should be instructed to make inquiries about it, with a view to all the circumstances which may render it proper for a settlement, and to visit it, should the result of this investigation offer encouragement.

The river Nunez, or Noones, also merits particular regard. It empties itself into the Atlantic in latitude 10° 1’ north, about one hundred and fifty miles northwest from Sierra Leone. It has a very good harbor at its mouth, and carries from six to eight fathoms of water about twenty miles up, to a bar, over which there is however three fathoms, or eighteen feet. After passing the bar, the water continues from five to eight fathoms deep, to a point about fifty miles up from the mouth. From thence to the falls, about fifty miles higher up, it is said to admit vessels of one hundred and twenty tops. The country around and above the falls is represented as elevated, fertile, and healthy; abounding in game; well supplied with excellent timber, and watered by numerous streams large enough for mills; Indian corn, and all sorts of pulse and garden vegetables, are said to grow luxuriantly; cattle abound so much that an ox is sold for a dollar. The country below yields rice, Indian corn, and all the usual tropical productions. The natives are represented as peaceable and friendly, and the principal chief, who resides about ninety miles up the river, a little below the falls, and whose authority extends down to the mouth, and far into the interior, is said to be a man of sense and abilities, of a mild and humane character, and favorably disposed towards the whites, and especially the Americans. He speaks English perfectly well. This place would seem therefore to deserve the particular attention of the agent and the society. In addition to its other advantages, its upper waters approach near to those of the river Grande—a very important and interesting feature of African geography, as respects commercial intercourse with the interior, and the extension of civilization by means of colonies of civilized blacks.

These, my dear sir, are the hints that I thought I might venture to suggest to you on this most interesting subject. I make no apology for the length of my letter. It might no doubt be curtailed with advantage; but it might also, and with more ease, if not to a better purpose, be very much enlarged : (or I have touched briefly on less important topics, and altogether omitted some which belong properly to the subject, but did not seem to require immediate attention. Such as it is, I submit it to your consideration, with the hope that it may be of some use in the preparatory arrangements which you are engaged in making.

With the best wishes,
I am, dear sir, your most obedient servant,
ROBERT G. HARPER.
Elias B. CALDWELL, Esq.,
Secretary of the Colonization Society of the U. S.

SOURCE: United States Congressional Serial Set, Reports of Committees of the House of Representatives of the United States, 27th Congress, 3rd Session, Vol. 2, p. 193-208