Wendell Phillips

The Murder of Lovejoy^*
(1837)

To draw the conduct of our ancestors into a precedent for mobs, for a right to resist laws we ourselves have enacted, is an insult to their memory. The difference between the excitements of those days and our own, which the gentleman in kindness to the latter has overlooked, is simply this: the men of that day went for the right, as secured by the laws. They were the people rising to sustain the laws and Constitution of the province. The rioters of our day go for their own wills, right or wrong. Sir, when I heard the gentleman lay down principles which place the murderers of Alton side by side with Otis and Hancock, with Quincy and Adams, I thought those pictured lips [pointing to the portraits in the Hall] would have broken into voice to rebuke the recreant American—the slanderer of the dead. The gentleman said that he should sink into insignificance if he dared not gainsay the principles of these resolutions. Sir, for the sentiments he has uttered, on soil consecrated by the prayers of Puritans and the blood of patriots, the earth should have yawned and swallowed him up.²

Fellow citizens, I can not take back my words. Surely, the attorney-general, so long and well known here, needs not the aid of your hisses against one so young as I am—my voice never before heard within these walls!

Another ground has been taken to excuse the mob, and throw doubt and discredit on the conduct of Lovejoy and his associates. Allusion has been made to what lawyers understand very well—the "conflict of laws." We are told that nothing but the Mississippi River rolls between St. Louis and Alton; and the conflict of laws somehow or other gives the citizens of the former a right to find fault with the defender of the Press for publishing his opinions no near their limits. Will the gentleman venture that argument before lawyers? How the laws of the two States could be said to come into conflict in such circumstances I question whether any lawyer in this audience can explain or understand. No matter whether the line that divides one sovereign State from another be an imaginary one or ocean-wide, the moment you cross it, the State you leave is blotted out of existence, so far as you are concerned. The Czar might as well claim to control the deliberations of Faneuil Hall, as the laws of Missouri demandreverence, or the shadow of obedience, from an inhabitant of Illinois.

I must find some fault with the statement which has been made of the events at Alton. It has been asked why Lovejoy and his friends did not appeal to the executive—trust their defense to the police of the city. It has been hinted that, from hasty and ill-judged excitement, the men within the building provoked a quarrel, and that he fell in the course of it—one mob resisting another. Recollect, sir, that they did act with the approbation and sanction of the mayor. In strict truth there was no executive to appeal to for protection. The mayor acknowledged that he could not protect them. They asked him if it was lawful for them to defend themselves. He told them it was, and sanctioned their assembling in arms to do so. They were not, then, a mob; they were not merely citizens defending their own property; they were in some sense the posse comitatus, adopted for the occasion into the police of the city, acting under the order of a magistrate. It was civil authority resisting lawless violence. Where, then, was the imprudence? Is the doctrine to be sustained here that it is imprudent for men to aid magistrates in executing the laws?

Men are continually asking each other, had Lovejoy a right to resist? Sir, I protest against the question instead of answering it. Lovejoy did not resist, in the sense they mean. He did not throw himself back on the natural right ofself-defense. He did not cry anarchy, and let slip the dogs of civil war, careless of the horrors which would follow.

Sir, as I understand this affair, it was not an individual protecting his property; it was not one body of armed men resisting another, and making the streets of a peaceful city run blood with their contentions. It did not bring back the scenes in old Italian cities, where family met family, and faction met faction, and mutually trampled the laws under foot. No! The men in that house were regularly enrolled under the sanction of the mayor. There being no militia in Alton, about seventy men were enrolled with the approbation of the mayor. These relieved each other every other night. About thirty men were in arms on the night of the sixth, when the press was landed. The next evening it was not thought necessary to summon more than half that number: among these was Lovejoy. It was, therefore, you perceive, sir, the police of the city resisting rioters—civil government breasting itself to the shock of lawless men.

Here is no question about the right of self-defense. It is in fact simply this: Has the civil magistrate a right to put down a riot?

It has been stated, perhaps inadvertently, that Lovejoy or his comrades fired first. This is denied by those who have he best means of knowing. Guns were first fired by the mob. After being twice fired on, those within thebuilding consulted together and deliberately returned the fire. But suppose they did fire first. They had a right so to do—not only the right which every citizen has to defend himself, but the further right which every civil officer has to resist violence. Even if Lovejoy fired the first gun, it would not lessen his claim to our sympathy or destroy his title to be considered a martyr in defense of a free Press. The question now is, did he act within the Constitution and the laws? The men who fell in State Street on the 5th of March, 1770, did more than Lovejoy is charged with. They were the first assailants. Upon some slight quarrel they pelted the troops with every missile within reach. Did this bate one jot of the eulogy with which Hancock and Warren hallowed their memory, hailing them as the first martyrs in the cause of American liberty?

If, sir, I had adopted what are called peace principles, I might lament the circumstances of this case. But all you who believe, as I do, in the right and duty of magistrates to execute the laws, join with me and brand as base hypocrisy the conduct of those who assemble year after year on the Fourth of July to fight over the battles of the Revolution, and yet "damn with faint praise" or load with obloquy the memory of this man who shed his blood in defense of life, liberty, property, and the freedom of the Press!

Imagine yourself present when the first newsof Bunker Hill Battle reached a New England town. The tale would have run thus: "The patriots are routed—the redcoats victorious—Warren lies dead upon the field." With what scorn would that Tory have been received who should have charged Warren with imprudence! who should have said that, bred a physician, he was "out of place" in that battle, and "died as the fool dieth!" How would the intimation have been received that Warren and his associates should have waited a better time? But, if success be indeed the only criterion of prudence, Respice finem—Wait till the end.

Mr. Chairman, from the bottom of my heart I thank that brave little band at Alton for resisting. We must remember that Lovejoy had fled from city to city; suffered the destruction of three presses patiently. At length he took counsel with friends; men of character, of tried integrity, of wide views, of Christian principle. They thought the crisis had come. It was full time to assert the laws. They saw around them, not a community like our own, of fixed habits, of character molded and settled, but one "in the gristle not yet hardened into the bone of manhood." The people there, children of our older States, seem to have forgotten the blood-tried principles of their fathers the moment they lost sight of our New England hills. Something was to be done to show them the priceless value of the freedom of the Press, to bring back and set right their wandering andconfused ideas. He and his advisers looked out on a community staggering like a drunken man, indifferent to their rights, and confused in their feelings. Deaf to argument, haply they might be stunned into sobriety. They saw that of which we can not judge: the necessity of resistance. Insulted law called for it. Public opinion, fast hastening on the downward course, must be arrested.

Does not the event show they judged rightly? Absorbed in a thousand trifles, how has the nation all at once come to a stand! Men begin, as in 1776 and 1640, to discuss principles, to weigh characters, to find out where they are. Haply we may awake before we are borne over the precipice.

I am glad, sir, to see this crowded house. It is good for us to be here. When liberty is in danger, Faneuil Hall has the right, it is her duty, to strike the key-note for these United States. I am glad for one reason, that remarks such as those to which I have alluded have been uttered here. The passage of these resolutions, in spite of this opposition, led by the attorney-general of the commonwealth, will show more clearly, more decisively, the deep indignation with which Boston regards this outrage.

^*Delivered in Faneuil Hall, Boston, on December 8, 1837, and Phillips’s first great success as a public orator. This meeting had been called to denounce the murder of Lovejoy at Alton, Illinois, while defending his printing-press, from which had been printed antislavery literature. Speeches had been made at this Boston meeting by Channing and others, when great astonishment was evoked by a speech from the attorney-general of the commonwealth who in comparing the Alton attack on Lovejoy to the Boston Tea Party, said Lovejoy had "died as the fool dieth." Phillips, who followed this speaker, was then twenty-six years old. Only a few months before he had first become identified with the Antislavery Society. George William Curtis has likened the speech to Patrick Henry’s "electrical warning to George III." He calls it "the greatest of oratorical triumphs," and mentions Lincoln’s Gettysburg speech as the "third of three that are illustrious in our history." Abridged.

²The contemporary account of this scene says: "Applause and hisses were heard, with cries of ’Take that back,’ and then the uproar became so great that for a long time no one could be heard. ’Phillips or nobody,’ cried one; ’Make him take back "recreant,"’ cried another; and a third; ’He sha’nt go on till he takes it back.’ Finally a man said: ’I did not come here to take any part in this discussion, nor do I intend to; but I do entreat you, fellow citizens, by everything you hold sacred—I conjure you by every association connected with this Hall, consecrated by our fathers to freedom of discussion—that you listen to every man who addresses you in a decorous manner.’ Mr. Phillips then resumed."