In 1814, Key was a slaveholding lawyer from an old Maryland plantation family, who thanks to a system of human bondage had grown rich and powerful.
When he wrote the poem that would, in 1931, become the national anthem and proclaim our nation “the land of the free,” like Jefferson, Key not only profited from slaves, he harbored racist conceptions of American citizenship and human potential. Africans in America, he
said, were: “a distinct and inferior race of people, which all experience proves to be the greatest evil that afflicts a community.”
Additionally, Key used his office as the District Attorney for the City of Washington from 1833 to 1840 to defend slavery, attacking the abolitionist movement in several high-profile cases.
In the mid-1830s, the movement was gaining momentum and with it came increased violence, particularly from pro-slavery mobs attacking free blacks and white abolitionists, and other methods to silence the growing cries for abolition. In a House of Representatives and United States Senate inundated with petitions from abolitionists calling for the ending or restriction of slavery, pro-slavery Congressmen looked for a way to suppress the voices of abolitionists.
In 1836, the House passed a series of “gag rules” to table all anti-slavery petitions and prevent them from being read or discussed, raising the ire of people like John Quincy Adams, who saw restricting debate an assault on a basic First Amendment right of citizens to protest and petition.
In the same year, shortly after a race riot in Washington, D.C. when an angry white mob set upon a well-known free black restaurant owner, Key likewise sought to crack down on the free speech of abolitionists he believed were riling things up in the city. Key prosecuted a New York doctor living in Georgetown for possessing abolitionist pamphlets.
In the resulting case,
U.S. v. Reuben Crandall, Key made national headlines by asking whether the property rights of slaveholders outweighed the free speech rights of those arguing for slavery’s abolishment. Key hoped to silence abolitionists, who, he
charged, wished to “associate and amalgamate with the negro.”
Though Crandall’s offense was nothing more than possessing abolitionist literature, Key felt that abolitionists’ free speech rights were so dangerous that he sought, unsuccessfully, to have Crandall hanged.
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