"Have you formed an opinion that the law of the United States, known as the Fugitive Slave Law of 1850, is unconstitutional, so that you cannot for that reason convict a person indicted for a forcible resistance thereto, if the facts alleged in the indictment are proved and the court hold the statute to be constitutional?"
"Have you formed an opinion that the law of the United States, known as the Fugitive Slave Law of 1850, is unconstitutional, so that you cannot for that reason convict a person indicted for a forcible resistance thereto, if the facts alleged in the indictment are proved and the court hold the statute to be constitutional?"
Thus all persons were excluded from the jury who believed this wicked bill a violation of the constitution; and one most important means of the prisoner's legitimate defence was purposely swept away by the court.
Now look at the law as laid down by the government.
Mr. Ashmead, the government's Attorney, said when the Constitution was adopted "Men had not then become wiser than the laws [the laws of England and colonial laws which they were born under and broke away from]; nor had they learned to measure the plain and unambiguous letter of the Constitution by an artificial standard of their own creation [that is the Self-evident Truth that all men have a natural and unalienable Right to Life, Liberty, and the Pursuit of Happiness]; to obey or disregard it according as it came up to or fell beneath it [as the law was just or unjust]."
"You will receive the law from the court." "Youare bound by the instructions which the court may givein respect to it;" "it is in no sense true that you are judges of the law." "You must take the interpretation which the court puts upon it.You have a right to apply the law to the facts, but you have no right to go further."
"The crime charged against this defendant is ... that oflevying war against the United States. The phraselevying warwas long before the adoption of the Constitution, a phrase ...embracing such a forcible resistance to the laws as that charged against this defendant[that is, speaking against the fugitive slave bill and refusing to kidnap a man is 'levying war against the United States']!"
It is treason "if the intention is by force to prevent the execution ofany one ... of the general laws of the United States, orto resistthe exercise ofany legitimate authority of the government."
"Levying war embraces ... any combination forcibly to prevent or oppose the execution ... of a public statute, if accompanied or followed by an act of forcible opposition." Of course the court is to determine the meaning offorce; and using the same latitude of construction as in interpretinglevying war, it would mean, aword, alook, athought, awish, afancyeven.
Mr. Ludlow enforced the same opinions, relying in part on the old tyrannical decisions of the British courts in the ages of despotism, and on the opinion of Judge Chase—who had derived his law of treason from that source, and was impeached before the American Senate for his oppressive conduct while judge in the very trials whence these iniquitous doctrines were derived! But Mr. Ludlow says "if aspurious doctrine have been introduced into the common law ... it would require great hardihood in a judge to reject it." So the jury must accept "a spurious doctrine" as genuine law!
"In treason, all theparticipes criminisare principals; there are no accessaries to this crime. Every act which ... would render a man anaccessarywill ... make him aprincipal." "If any man joins and acts with an assembly of people,his intent is always to be considered ... the same as theirs; the law ... judgeth of the intent by the Fact." This was Judge Kelyng's "law."
"It may be ... advanced that because Hanway was not armed, he was not guilty. It is perfectly well settled thatarms are not necessary." "Military weapons ... are not necessary ... to a levying war." "This is the opinion of Judge Chase," and "it may be alleged that Judge Chase was impeached, and that [therefore] his opinions are of little weight. Whatever may have been the grounds of that impeachment,it is not for us to discuss."
"If a body of men be assembled for the purpose of effecting a treasonable object [that is, 'to oppose the execution of a public statute,' no matter what or how]all those who perform any part, however minute, or however remote from the scene of action ... are equally traitors."
Mr. Brent, the Maryland State Attorney, whom Mr. Webster had sent there, declared that "any combinationlike this, of colored and white persons,to prevent the execution of the Fugitive Slave Law, is treason."
Mr. Cooper, the Pennsylvania Senator, adds, "Castner Hanway ... having been present ... at the time the overt act was committed, he is a principal ... provided he was there aiding and abetting the objects of the confederated parties." "Personsprocuring, contriving, orconsenting, come within the words aid and abet." So "if heencourages,assists, or consents to the act, it is enough;he becomes at once an aider and abettor, and obnoxious to all the pains and penalties denounced against it." "If personsdo assemble themselvesand act withsomeforce in opposition tosomelaw ... andhope thereby to get it repealed, this is a levying war and high treason." That is, an assembly of men acting against any law, with any force of argument, in order to procure its repeal, levies war and is guilty of treason!
To connect Mr. Hanway with this constructive treason, the government relied on the evidence of Mr. Kline, the Deputy Marshal of the court, a man like Mr. Butman and Mr. Patrick Riley, so well known in this court, and so conspicuous for courage and general elevation of character. Witnesses testified that Kline was so much addicted to falsehood that they would not believe him on oath,—but what of that? He had "conquered his prejudices." It appeared that Mr. Hanway went to the scene of action on a sorrel horse, in his shirt-sleeves, with a felt hat on, and did not join the Deputy in attempting to kidnap when commanded. Hear how Mr. Ludlow constructs levying war out of the disobedience of a non-resistant Quaker in a felt hat and shirt-sleeves, mounted on a sorrel horse! Hearken to this voice of the government:—
"Suddenly he sees the assembled band of infuriated men.... Does he leave the spot? No, Sir! Does he restrain the negroes? Take the evidence for the defence in its fullest latitude, and you will perceive he raised the feeble cry, 'Don't shoot! for God's sake don't shoot!' and there it ended. Is that consistent with innocence?... according to their own evidence the conclusion is irresistible that he was not innocent."
"Suddenly he sees the assembled band of infuriated men.... Does he leave the spot? No, Sir! Does he restrain the negroes? Take the evidence for the defence in its fullest latitude, and you will perceive he raised the feeble cry, 'Don't shoot! for God's sake don't shoot!' and there it ended. Is that consistent with innocence?... according to their own evidence the conclusion is irresistible that he was not innocent."
"But he does more than this." When summoned by the Deputy to steal a man "he is thrown off his guard, and exclaims, 'I will not assist you;' 'he allowed the colored people had a right to defendthemselves.' 'He did not care for that Act of Congress or any other Act of Congress.'"
And so with his unsaddled sorrel nag this non-resistant miller levies war upon the United States by crying "Don't fire," and commits treason by the force and arms of a broad-brimmed Quaker hat. "The smallest amount of force is sufficient," "military weapons are not necessary to levy war!"
Mr. Brent thought if Mr. Hanway was not hanged it would appear that a "small and miserable and traitorous faction can resist and annul the laws of the United States." "Put down these factions [the Free-Soil Party, the Liberty Party, the Anti-Slavery Societies], overwhelm them with shame, disgrace, and ruin, or you are not good citizens fulfilling the bonds that bind you to us of the South."
The government Attorney declared that Mr. Hanway and others
"Had no right to refuse to assist because it was repugnant to their consciences. Conscience! Conscience ... is the pretended justification for an American citizen to refuse to execute a law of his country." "Damnable, treasonable doctrine." "He has become a conspirator, he has connected himself with them, and all their acts are his acts, and all their intentions are his intentions.""The whole neighborhood was not only disloyal, but wanting in common humanity:" "the whole region is infected," "inthat horde of traitors;" "a whole county, a whole township, a whole neighborhood are involved in plotting treason." "When you see these thingscan you not infer ... that he went there by pre-arrangement!" "When you see a man ... not saying one word to save his dear colored friends from the guilt of murder, I say it is passing human credulity to say that you cannotinferin all thata feeling of hostility to the law, and an intention to resist it.""The consequences [of the verdict] are not with the jury:" the responsibility will not be with you—you are not responsible for those just consequences.""When you allege that a master has come into Pennsylvania and illegally seized and possessed himself of his slave without process, you are to inquire, 'Has he done that which he had authority to do in his own State?' You are to look to thelaws of his own State; for the Supreme Court says,[179]'Hehas the same right to repossess his slave here as in his own State.'" "He who employs a man said to have come from Maryland without being satisfied of his freedom, is himself guilty of the first wrong."
"Had no right to refuse to assist because it was repugnant to their consciences. Conscience! Conscience ... is the pretended justification for an American citizen to refuse to execute a law of his country." "Damnable, treasonable doctrine." "He has become a conspirator, he has connected himself with them, and all their acts are his acts, and all their intentions are his intentions."
"The whole neighborhood was not only disloyal, but wanting in common humanity:" "the whole region is infected," "inthat horde of traitors;" "a whole county, a whole township, a whole neighborhood are involved in plotting treason." "When you see these thingscan you not infer ... that he went there by pre-arrangement!" "When you see a man ... not saying one word to save his dear colored friends from the guilt of murder, I say it is passing human credulity to say that you cannotinferin all thata feeling of hostility to the law, and an intention to resist it."
"The consequences [of the verdict] are not with the jury:" the responsibility will not be with you—you are not responsible for those just consequences."
"When you allege that a master has come into Pennsylvania and illegally seized and possessed himself of his slave without process, you are to inquire, 'Has he done that which he had authority to do in his own State?' You are to look to thelaws of his own State; for the Supreme Court says,[179]'Hehas the same right to repossess his slave here as in his own State.'" "He who employs a man said to have come from Maryland without being satisfied of his freedom, is himself guilty of the first wrong."
Senator Cooper closed for the government. Law was not enough for him; he would have the sanction of "Religion" also. So he read extract from a Sermon. Gentlemen of the Jury, you have not had the benefit of Rev. Dr. Adams's prayers in this court; it is a pity you should not be blessed with the theology of despotism; listen therefore to the "Thanksgiving Sermon" of Rev. Dr. Wadsworth, which Hon. Mr. Cooper read to the Jury in Independence Hall.
"For passing by all other causes of irritation as just now secondary and subordinate, look for a moment, at the influence which the Gospel of Christ would have in this great sectional controversy about slavery."First, It would say to the Northern fanatic, whovapors about man-stealingas if there were no other evil under the sun but this one evil of Slavery—it would say to him, Emulate the spirit of your blessed Master and his apostles,who, against this very evil[man-stealing] in their own times,brought no railing accusation; but in one instance at least,sent back a fugitivefrom the household of Philemon."In treating SouthernChristian slaveholderswith Christian courtesy, andsending back their fugitiveswhen apprehended among you, you neither indorse the system nor partake of its evil; you are only performing in good faith the agreement, and redeeming the pledges of your forefathers, and leaving to each man for himself to answer for his own acts at the judgment-seat of Jesus. It would tear away from the man, as the foulest cloak of hypocrisy, that pretence of a religious principle in this whole matter of political abolitionism."Religious principle! Oh my God! That religious principle, that for the sake ofan abstract rightwhose very exercise were disastrous to the unprepared bondmen who inherit it, would tear this blest confederacy in pieces, and deluge these smiling plains in fraternal blood, and barter the loftiest freedom that the world ever saw, for the armed despotism of a great civil warfare! That religious principle which, in disaster to man's last great experiment, would fling the whole race back into the gloom of an older barbarism—rearing out of the ruin of these free homes, the thrones of a more adamantine despotism—freedom's beacons all extinguished, and the whole race slaves. That religious principle through which, losing sight of God's great purpose of evangelizing the nations, [by American Slavery,] would shatter the mightiest wheel in the mechanism of salvation, and palsy the wing of God's preaching angel in its flight through the skies."Alas—alas! ye that count as little this bond of blessed brotherhood, wrought by our fathers' mighty hands and bleeding hearts—we tell you, sorrowing and in tears, that your pretence is foul hypocrisy. Ye have reversed the first precept of the gospel, for your wisdom is a dove's, and your harmlessness a serpent's.Ye have not the first principle within you either of religion or philanthropy, or common human benevolence.Your principle is the principle of Judas Iscariot, and with the doom of the traitor ye shall go to your own place."
"For passing by all other causes of irritation as just now secondary and subordinate, look for a moment, at the influence which the Gospel of Christ would have in this great sectional controversy about slavery.
"First, It would say to the Northern fanatic, whovapors about man-stealingas if there were no other evil under the sun but this one evil of Slavery—it would say to him, Emulate the spirit of your blessed Master and his apostles,who, against this very evil[man-stealing] in their own times,brought no railing accusation; but in one instance at least,sent back a fugitivefrom the household of Philemon.
"In treating SouthernChristian slaveholderswith Christian courtesy, andsending back their fugitiveswhen apprehended among you, you neither indorse the system nor partake of its evil; you are only performing in good faith the agreement, and redeeming the pledges of your forefathers, and leaving to each man for himself to answer for his own acts at the judgment-seat of Jesus. It would tear away from the man, as the foulest cloak of hypocrisy, that pretence of a religious principle in this whole matter of political abolitionism.
"Religious principle! Oh my God! That religious principle, that for the sake ofan abstract rightwhose very exercise were disastrous to the unprepared bondmen who inherit it, would tear this blest confederacy in pieces, and deluge these smiling plains in fraternal blood, and barter the loftiest freedom that the world ever saw, for the armed despotism of a great civil warfare! That religious principle which, in disaster to man's last great experiment, would fling the whole race back into the gloom of an older barbarism—rearing out of the ruin of these free homes, the thrones of a more adamantine despotism—freedom's beacons all extinguished, and the whole race slaves. That religious principle through which, losing sight of God's great purpose of evangelizing the nations, [by American Slavery,] would shatter the mightiest wheel in the mechanism of salvation, and palsy the wing of God's preaching angel in its flight through the skies.
"Alas—alas! ye that count as little this bond of blessed brotherhood, wrought by our fathers' mighty hands and bleeding hearts—we tell you, sorrowing and in tears, that your pretence is foul hypocrisy. Ye have reversed the first precept of the gospel, for your wisdom is a dove's, and your harmlessness a serpent's.Ye have not the first principle within you either of religion or philanthropy, or common human benevolence.Your principle is the principle of Judas Iscariot, and with the doom of the traitor ye shall go to your own place."
"No, Sir—no, Sir," concludes the Senator thirsting for his constituent's blood, "'There is no gospel in all this treasonable fanaticism—for treason to my country is rebellion to my God.'"
Judge Grier charged the Jury;—but ashe stuck out from the phonographer's report—of which the proof-sheets were sent to him—the most offensive portion, Gentlemen of the Jury, I shall not be able to enlighten you with all the legal words of this "consummate judge." So be content with the following Elegant Extracts.
"With the exception of a few individuals of perverted intellect in some small districts or neighborhoods whose moral atmosphere has been tainted and poisoned by male and female vagrant lecturers and conventions, no party in politics, no sect of religion, or any respectable numbers or character can be found within our borders, who have viewed with approbation or have looked with any other than feelings of abhorrence upon this disgraceful tragedy.""It is not in this Hall of Independence that meetings of infuriated fanatics and unprincipled demagogues have been held to counsel a bloody resistance to the laws of the land. It is not inthiscity that conventions are held denouncing the Constitution, theLaws, and the Bible. It is notherethat the pulpit has been desecrated by seditious exhortations, teaching that theft [a man stealing his own limbs and person from his 'lawful owner'] is meritorious, murder [in self-defence killing a man-stealer] excusable, and treason [opposition to the fugitive slave bill] a virtue!""The guilt of this foul murder [the shooting of a kidnapper by the men whom he intended for his victims, and whose premises he invaded without due process of law, and with armed force], rests not alone on the deluded individuals who were its immediate perpetrators, but the blood taints with even deeper dye the skirts of those who promulgated doctrines subversive of all morality and all government, [that is, of Slavery and the fugitive slave bill].""This murderous tragedy is but the necessary development of principles and the natural fruit from seed sown by others whom the arm of the law cannot reach," [such as the Authors of the Declaration of Independence, and still more the Author of the "Sermon on the Mount].""This [the slave clause of the Constitution] is the Supreme law of the land,binding ... on the conscienceand conduct of every individual citizen of the United States." "The shout of disapprobation with which this [the fugitive slave bill] has been received by some, has been caused ... because it is an act which can be executed ... the real objection ... is to the Constitution itself, which is supposed to be void in this particular, from the effect of some 'higher law.' It is true that the number of persons whose consciences affect to be governed by such a law [that is the law of Natural Morality and Religion], is very small. But there is a much larger number who take up opinions on trust,—and have concluded this must be a very pernicious and unjust enactment, for no other reason than because the others shout their disapprobation with such violence and vituperation.""This law is Constitutional." "The question of its Constitutionality is to be settled by the Courts, [fugitive slave bill courts,] and not by conventions either of laymen or ecclesiastics." "We are as much bound to support this law as any other." "The jury should regard the construction of the Constitution as given them by the court as to what is the true meaning of the wordslevying war." "In treason all are principals, and a man may be guilty of aiding and abetting, though not present."
"With the exception of a few individuals of perverted intellect in some small districts or neighborhoods whose moral atmosphere has been tainted and poisoned by male and female vagrant lecturers and conventions, no party in politics, no sect of religion, or any respectable numbers or character can be found within our borders, who have viewed with approbation or have looked with any other than feelings of abhorrence upon this disgraceful tragedy."
"It is not in this Hall of Independence that meetings of infuriated fanatics and unprincipled demagogues have been held to counsel a bloody resistance to the laws of the land. It is not inthiscity that conventions are held denouncing the Constitution, theLaws, and the Bible. It is notherethat the pulpit has been desecrated by seditious exhortations, teaching that theft [a man stealing his own limbs and person from his 'lawful owner'] is meritorious, murder [in self-defence killing a man-stealer] excusable, and treason [opposition to the fugitive slave bill] a virtue!"
"The guilt of this foul murder [the shooting of a kidnapper by the men whom he intended for his victims, and whose premises he invaded without due process of law, and with armed force], rests not alone on the deluded individuals who were its immediate perpetrators, but the blood taints with even deeper dye the skirts of those who promulgated doctrines subversive of all morality and all government, [that is, of Slavery and the fugitive slave bill]."
"This murderous tragedy is but the necessary development of principles and the natural fruit from seed sown by others whom the arm of the law cannot reach," [such as the Authors of the Declaration of Independence, and still more the Author of the "Sermon on the Mount]."
"This [the slave clause of the Constitution] is the Supreme law of the land,binding ... on the conscienceand conduct of every individual citizen of the United States." "The shout of disapprobation with which this [the fugitive slave bill] has been received by some, has been caused ... because it is an act which can be executed ... the real objection ... is to the Constitution itself, which is supposed to be void in this particular, from the effect of some 'higher law.' It is true that the number of persons whose consciences affect to be governed by such a law [that is the law of Natural Morality and Religion], is very small. But there is a much larger number who take up opinions on trust,—and have concluded this must be a very pernicious and unjust enactment, for no other reason than because the others shout their disapprobation with such violence and vituperation."
"This law is Constitutional." "The question of its Constitutionality is to be settled by the Courts, [fugitive slave bill courts,] and not by conventions either of laymen or ecclesiastics." "We are as much bound to support this law as any other." "The jury should regard the construction of the Constitution as given them by the court as to what is the true meaning of the wordslevying war." "In treason all are principals, and a man may be guilty of aiding and abetting, though not present."
He spoke of those "associations, or conventions, which occasionally or annually infest the neighboring village of West-Chester, for the purpose of railing at and resisting the Constitution and laws of the land [that is the fugitive slave bill and other laws which annihilate a man's unalienable right to his liberty], and denouncing those who execute them as no better than a Scroggs or a Jeffreys;—who stimulate and exhort poor negroes to the perpetration of offences which they know must bring them to the penitentiary or the gallows."
But he thought refusing to aid the deputy marshal in kidnapping was not an act of levying war, or treason against the United States. "In so doing he is not acting the part of an honest, loyal citizen [who ought to do any wickedness which a bum-bailiff commands]; he may beliable to be punished for a misdemeanor for his refusal to interfere."
"But he thought the government was right "in procuring an indictment for Treason." For "meetings had been held in many places in the North, denouncing the law, andadvising a traitorous resistance to its execution: conventions of infuriated fanatics had invited to acts of rebellion; and even the pulpit had been defiled with furious denunciations of the law, and exhortations to a rebellious resistance to it."The government was perfectly justified in supposing that this transaction was but the first overt act of a treasonable conspiracy, extending over many of the Northern States, to resist by force of arms the execution of this article of the Constitution and the laws framed in pursuance of it. In making these arrests, and having this investigation, the officers of government have done no more than their strict duty."The activity, zeal, and ability, which have been exhibited by the learned Attorney of the United States, in endeavoring to bring to condign punishment the perpetrators of this gross offence, are deserving of all praise.It has given great satisfaction to the Court also, that the learned Attorney-General of Maryland, and the very able counsel associated with him[Senator Cooper of Pennsylvania]have taken part in this prosecution."
"But he thought the government was right "in procuring an indictment for Treason." For "meetings had been held in many places in the North, denouncing the law, andadvising a traitorous resistance to its execution: conventions of infuriated fanatics had invited to acts of rebellion; and even the pulpit had been defiled with furious denunciations of the law, and exhortations to a rebellious resistance to it.
"The government was perfectly justified in supposing that this transaction was but the first overt act of a treasonable conspiracy, extending over many of the Northern States, to resist by force of arms the execution of this article of the Constitution and the laws framed in pursuance of it. In making these arrests, and having this investigation, the officers of government have done no more than their strict duty.
"The activity, zeal, and ability, which have been exhibited by the learned Attorney of the United States, in endeavoring to bring to condign punishment the perpetrators of this gross offence, are deserving of all praise.It has given great satisfaction to the Court also, that the learned Attorney-General of Maryland, and the very able counsel associated with him[Senator Cooper of Pennsylvania]have taken part in this prosecution."
In about fifteen minutes the Jury returned a verdict of "not guilty."[180]
(4.) On the 29th of April, 1852, a man named William Smith was arrested by Commissioner McAllister of Columbia, Pennsylvania, on complaint of one Ridgeley of Baltimore. While in the custody of the officers, Smith endeavored to escape, and Ridgeley drew a pistol and shot him dead. The murderer escaped. No serious efforts were made by the State authorities to bring that offender to justice. "He has the same right to repossess his slave here as in his own State;" the same right to kill him if he attempts to escape! Mr. Toombs is modest—but we shall soon see the slaveholder not only sit down with his slaves at the foot of Bunker Hill Monument, butshoot them if they attempt to run away! Nay, Gentlemen, we shall see this Court defending the slave-hunter's "privilege."
(5.) Here is another case, Gentlemen of the Jury, in which this same Judge Grier appears, and with his usual humanity. This is a brief account of the case of Daniel Kauffman. In 1852 he allowed a party of fugitive slaves to pass the night in his barn, and gave them food in the morning. For this he was brought before Judge Grier's court and fined $2,800! It was more than his entire property. Gentlemen, there are persons in this room who gave money to Mr. Kauffman, to indemnify him for his losses; were not they also guilty of treason, at least of a "misdemeanor?" They "evinced an express liking" for Freedom and Humanity, not Slavery and bloodshed.
(6.) But here is yet one more,—which you shall have in the language of another:—
"In a case of attempted Slave-catching at Wilkesbarre, in Pennsylvania, the Deputy Marshal, Wyncoop and his assistants, had behaved with such atrocious and abominable cruelty, that the citizens felt that justice demanded their punishment for the outrage. They were, accordingly, arrested on a warrant issued by a most respectable magistrate, on the oath of one of the principal inhabitants of the place. A writ of habeas corpus was forthwith sued out, returnable before Judge Grier. When the District Attorney, Ashmead, moved the discharge of the relators, (which, it is needless to say, was ordered,) Judge Grier delivered himself to the following effect. 'Ifhabeas corpusesare to be taken out after that manner,I will have an indictment sent to the United States Grand-Jury against the person who applies for the writ, or assists in getting it, the lawyer who defends it, and the sheriff who serves the writ, to see whether the United States officers are to be arrested and harassed whenever they attempt to serve a process of the United States.'"
"In a case of attempted Slave-catching at Wilkesbarre, in Pennsylvania, the Deputy Marshal, Wyncoop and his assistants, had behaved with such atrocious and abominable cruelty, that the citizens felt that justice demanded their punishment for the outrage. They were, accordingly, arrested on a warrant issued by a most respectable magistrate, on the oath of one of the principal inhabitants of the place. A writ of habeas corpus was forthwith sued out, returnable before Judge Grier. When the District Attorney, Ashmead, moved the discharge of the relators, (which, it is needless to say, was ordered,) Judge Grier delivered himself to the following effect. 'Ifhabeas corpusesare to be taken out after that manner,I will have an indictment sent to the United States Grand-Jury against the person who applies for the writ, or assists in getting it, the lawyer who defends it, and the sheriff who serves the writ, to see whether the United States officers are to be arrested and harassed whenever they attempt to serve a process of the United States.'"
2. Gentlemen of the Jury, you might suppose that love of liberty had altogether vanished from the "Free" States, else how could such men ride over the local law as well as natural justice? But I am happy to find one case where the wickedness of the fugitive slave bill courts was resisted by the people and the local judges—it is a solitary case, and occurred in Wisconsin:—
"About the middle of March, 1854, a man named Joshua Glover, was seized near Racine, in Wisconsin, as a Fugitive Slave. His arrest was marked by the circumstances of cruelty and cowardice which seem to be essential to the execution of this Law above all others. He was brought, chained and bleeding, to Milwaukee, where he was lodged in jail. As soon as the news spread, an indignation, as general as it was righteous, prevailed throughout the city. A public meeting was forthwith called, and held in the open air, at which several of the principal citizens assisted. Stirring speeches were made, and strong resolutions passed, to the effect that the rights of the man should be asserted and defended to the utmost. Counsel learned in the law volunteered, and all necessary process was issued, as well against the claimant for the assault and battery, as in behalf of the man restrained of his liberty. A vigilance committee was appointed to see that Glover was not secretly hurried off, and the bells were ordered to be rung in case any such attempt should be made. But the people were not disposed to trust to the operation of the Slave Law, administered by United States Judges or Commissioners, and they stepped in and settled the question for themselves in a summary manner. A hundred men arrived, in the afternoon, from Racine, the town from which the man had been kidnapped, who marched in order to the jail. They were soon reinforced by multitudes more, and a formal demand was made for the slave. This being denied, an attack was made upon the door, which was soon broken in, the man released, and carried back in triumph to Racine, whence he was afterwards conveyed beyond the jurisdiction of the star-spangled banner. A mass convention of the citizens of Wisconsin was afterwards held to provide for similar cases, should they occur, and a most sound and healthy tone of feeling appears to have pervaded that youthful commonwealth."After the rescue had been effected, the United States Marshal arrested several persons for the offence of resisting an officer in the discharge of his duties. Among these was Mr. Sherman M. Booth, the editor of the Free Democrat. When brought before a Commissioner, in the custody of the Marshal, a writ of habeas corpus was sued out on his behalf, and he was brought before Judge A.D. Smith, of the Supreme Court. After a full hearing, Judge Smith granted him his discharge, on the groundthat the fugitive slave law was unconstitutional. The Marshal then had the proceedings removed by a writ of certiorari before a full bench of the Supreme Court, when the decision of Judge Smith was confirmed, and Mr. Booth discharged from custody. Immediately afterwards, Judge Miller, of the United States District Court, issued another warrant for the arrest of Mr. Booth, making no mention of the fugitive slave act, but directing his arrest to answer to a charge for abetting the escape of a prisoner from the custody of the United States Marshal. Another writ of habeas corpus was sued out, but it was denied by the Supreme Court, on the ground that there was nothing on the face of the record to bring it within range of their former decision.""In the mean time the United States Judge and Marshal were busy in their vocation. It affirmed that the Grand-Jury was packed in the most unblushing manner, until an inquest was made up that would answer the purpose of the Government. However this may have been, indictments were found in the District Court, against Mr. Booth and several other persons. A petty Jury selected with the same care that had been bestowed on the composition of the Grand-Jury, convicted Mr. Booth and Mr. Ryecraft. All the weight of the government was thrown against the defendants. Special counsel were retained to assist the District Attorney, the instructions of the Court were precise and definite against them; all motions in their behalf resting on the irregularities and injustices of the proceedings were overruled. So were all motions subsequent to the conviction for an arrest of judgment. They were sentenced to fine and imprisonment—Mr. Booth to pay one thousand dollars and costs, and to be imprisoned one month, and Mr. Ryecraft to pay two hundred dollars, and to be imprisoned for ten days. On these sentences they were committed to jail. The public excitement in Milwaukee, and throughout the State, was intense. It was with difficulty that the people could be restrained from forcibly liberating the prisoners. Fortunately there was no occasion for any such extreme measures. They found protection, where it ought to be found, in the constituted authorities of their State. A writ of habeas corpus was issued in their behalf by the Supreme Court, then sitting at Madison, the Capital of the State, returnable before them there. Escorted by two thousand of their fellow-citizens, thither, in charge of the High Sheriff, they had a hearing at once. After full deliberation, the Court unanimously ordered them to be discharged. The majority of the Court made this decision on the ground of the unconstitutionality of the fugitive slave law, one Judge (Crawford) sustaining the law, but concurring in the order on the ground that no offence, under that Act, was charged in the indictment. So the prisoners were discharged, and brought home in triumph."
"About the middle of March, 1854, a man named Joshua Glover, was seized near Racine, in Wisconsin, as a Fugitive Slave. His arrest was marked by the circumstances of cruelty and cowardice which seem to be essential to the execution of this Law above all others. He was brought, chained and bleeding, to Milwaukee, where he was lodged in jail. As soon as the news spread, an indignation, as general as it was righteous, prevailed throughout the city. A public meeting was forthwith called, and held in the open air, at which several of the principal citizens assisted. Stirring speeches were made, and strong resolutions passed, to the effect that the rights of the man should be asserted and defended to the utmost. Counsel learned in the law volunteered, and all necessary process was issued, as well against the claimant for the assault and battery, as in behalf of the man restrained of his liberty. A vigilance committee was appointed to see that Glover was not secretly hurried off, and the bells were ordered to be rung in case any such attempt should be made. But the people were not disposed to trust to the operation of the Slave Law, administered by United States Judges or Commissioners, and they stepped in and settled the question for themselves in a summary manner. A hundred men arrived, in the afternoon, from Racine, the town from which the man had been kidnapped, who marched in order to the jail. They were soon reinforced by multitudes more, and a formal demand was made for the slave. This being denied, an attack was made upon the door, which was soon broken in, the man released, and carried back in triumph to Racine, whence he was afterwards conveyed beyond the jurisdiction of the star-spangled banner. A mass convention of the citizens of Wisconsin was afterwards held to provide for similar cases, should they occur, and a most sound and healthy tone of feeling appears to have pervaded that youthful commonwealth.
"After the rescue had been effected, the United States Marshal arrested several persons for the offence of resisting an officer in the discharge of his duties. Among these was Mr. Sherman M. Booth, the editor of the Free Democrat. When brought before a Commissioner, in the custody of the Marshal, a writ of habeas corpus was sued out on his behalf, and he was brought before Judge A.D. Smith, of the Supreme Court. After a full hearing, Judge Smith granted him his discharge, on the groundthat the fugitive slave law was unconstitutional. The Marshal then had the proceedings removed by a writ of certiorari before a full bench of the Supreme Court, when the decision of Judge Smith was confirmed, and Mr. Booth discharged from custody. Immediately afterwards, Judge Miller, of the United States District Court, issued another warrant for the arrest of Mr. Booth, making no mention of the fugitive slave act, but directing his arrest to answer to a charge for abetting the escape of a prisoner from the custody of the United States Marshal. Another writ of habeas corpus was sued out, but it was denied by the Supreme Court, on the ground that there was nothing on the face of the record to bring it within range of their former decision."
"In the mean time the United States Judge and Marshal were busy in their vocation. It affirmed that the Grand-Jury was packed in the most unblushing manner, until an inquest was made up that would answer the purpose of the Government. However this may have been, indictments were found in the District Court, against Mr. Booth and several other persons. A petty Jury selected with the same care that had been bestowed on the composition of the Grand-Jury, convicted Mr. Booth and Mr. Ryecraft. All the weight of the government was thrown against the defendants. Special counsel were retained to assist the District Attorney, the instructions of the Court were precise and definite against them; all motions in their behalf resting on the irregularities and injustices of the proceedings were overruled. So were all motions subsequent to the conviction for an arrest of judgment. They were sentenced to fine and imprisonment—Mr. Booth to pay one thousand dollars and costs, and to be imprisoned one month, and Mr. Ryecraft to pay two hundred dollars, and to be imprisoned for ten days. On these sentences they were committed to jail. The public excitement in Milwaukee, and throughout the State, was intense. It was with difficulty that the people could be restrained from forcibly liberating the prisoners. Fortunately there was no occasion for any such extreme measures. They found protection, where it ought to be found, in the constituted authorities of their State. A writ of habeas corpus was issued in their behalf by the Supreme Court, then sitting at Madison, the Capital of the State, returnable before them there. Escorted by two thousand of their fellow-citizens, thither, in charge of the High Sheriff, they had a hearing at once. After full deliberation, the Court unanimously ordered them to be discharged. The majority of the Court made this decision on the ground of the unconstitutionality of the fugitive slave law, one Judge (Crawford) sustaining the law, but concurring in the order on the ground that no offence, under that Act, was charged in the indictment. So the prisoners were discharged, and brought home in triumph."
Gentlemen, that matter will be carried up to the Supreme Court of the United States, and you may yet hear the opinion of the Hon. Associate Justice Curtis, for which let us wait with becoming reverence.
3. Here is the case of Mr. Sloane, which happened in the State of Ohio.
In October, 1852, several colored persons were about leaving Sandusky in a steamer for Detroit, when they were seized and taken before Mr. Follet, mayor of the city, and claimed as fugitive slaves. This seizure was made by the city marshal and three persons claiming to act for the owners of the slaves.
After the colored persons were brought before the mayor, their friends engaged Mr. Rush R. Sloane to act as counsel in their defence.He demanded of the mayor and the claimants by what authority the prisoners were detained. There was no reply. He then asked, whether they were in the custody of a United States Marshal or Commissioner. Again there was no reply. He next called for any writs, papers, or evidences by which they were detained. Still there was no answer. He then said to his clients, "I see no authority to detain your colored friends."
At that time some one near the door cried out, "Hustle them out," and soon the crowd and the alleged fugitives were in the street. Then one of the claimants said to Mr. Sloane, "I own these slaves; they are my property, and I shall hold you individually liable for their escape."These were the first and only words he spoke to Mr. Sloane, and then not until the black men were in the street.
In due time Mr. Sloane was arrested for resisting the execution of the fugitive slave bill, though he hadonly acted as legal counsel for the alleged slaves and had offered no resistance to the law, by deed, or word, or sign.
He was brought to trial at Columbus. Before the jurors were sworn they were all asked "whether they had any conscientious scruples against the fugitive slave law, and would hesitate to convict under it." If they said "Yes," they were rejected. Thus a jury was packed for the purpose, and the trial went on. Thirteen unimpeached witnesses deposed to the facts stated before, while the slave claimant had no evidence but thecity marshalof Sandusky—the Tukey of that place—andtwo of the three slave-catchers—who swore that they had with thempowers of attorney for the seizure of twenty-four slaves.
Gentlemen, such was the action of the court, and such the complexion of the packed jury, that Mr. Sloane was found "guilty." The Judge, Hon. Mr. Leavitt, refused to sign a bill of exceptions, enabling him to bring the matter before the Supreme Court. Mr. Sloane was sentenced to pay a fine of $3,000, and $930as costs of court! Such was the penalty for a lawyer telling his clients that he saw no authority to detain them,—after having three times demanded the authority, and none had been shown!
4. Gentlemen of the Jury, I now come to cases which have happened in our own State,—in this city. Some alarm was felt as soon as Mr. Mason's fugitive slave bill was proposed in the Senate. But men said, "No northern man will support it. There is much smoke and no fire." But when on the 7th of March, 1850, Mr. Webster adopted the bill, and promised to defend it and the amendments to it, "with all its provisions to the fullest extent;" when he declared that Massachusetts would execute the infamous measure"with alacrity"—then not only alarm but indignation took possession of northern breasts. The friends of Slavery at Boston must do all in their power to secure the passage of the bill, the prosperity of its adoptive father, and its ultimate enforcement—the kidnapping of men in Massachusetts. Here are the measures resorted to for attaining this end.
i. A meeting was called at the Revere House, that Mr. Webster might defend his scheme for stealing his constituents and putting himself into the Presidency.
ii. A public letter was written to him approving of his attempts to restore man-stealing, and other accompaniments of slavery, to the free States. This letter declared the "deep obligations" of the signers "for what this speech has done and is doing;" "we wish to thank you," they say, "for recalling us to our duties under the constitution;" "you have pointed out to a whole people the path of duty, have convinced the understanding, and touched the conscience of the nation;" "we desire, therefore, to express to you our entire concurrence in the sentiments of your speech." This letter was dated at Boston, March 25th, 1850, and received 987 signatures, it is said.
iii. When the bill became an Act of government, a hundred cannons, as I have before stated, were fired on Boston Common in token of joy at the restoration of slavery to our New England soil.
iv. Articles were written in the newspapers in defence of kidnapping, in justification of the fugitive slave bill. TheBoston CourierandBoston Daily Advertisergave what influence they had in support of that crime against America.
v. Several ministers of Boston came out and publicly, in sermons in their own pulpits, defended the fugitive slave bill, and called on their parishioners to enforce the law!
Gentlemen of the Jury, need I tell you of the feelings of the Philanthropists of Boston,—of the colored citizens who were to be the victims of this new abomination! Within twenty-four hours of its passage more than thirty citizens of Boston, colored citizens, fled in their peril to a man whose delight it is to undo the heavy burthens and let the oppressed go free. While others were firing their joyful cannon at the prospect of kidnapping their brothers and sisters, Francis Jackson helped his fellow Christians into the ark of Deliverance which he set afloat on that flood of Sin. Gentlemen, he is here to-day—he is one of my bondsmen. There are the others—this venerable gentleman [Samuel May], this steadfast friend [John R. Manley.]
vi. It was not long before the kidnappers came here for their prey.
(1.) I must dwell a moment on the first attempt. Gentlemenof the Jury, you know the story of William and Ellen Craft. They were slaves in Georgia; their master was said to be a "very pious man," "an excellent Christian." Ellen had a little baby,—it was sick and ready to die. But one day her "owner"—for this wife and mother was only a piece of property—had a dinner party at his house. Ellen must leave her dying child and wait upon the table. She was not permitted to catch the last sighing of her only child with her own lips; other and ruder hands must attend to the mother's sad privilege. But the groans and moanings of the dying child came to her ear and mingled with the joy and merriment of the guests whom the mother must wait upon. At length the moanings all were still—for Death took a North-side view of the little boy, and the born-slave had gone where the servant is free from his master and the weary is at rest—fortherethe wicked cease from troubling. Ellen and William resolved to flee to the North. They cherished the plan for years; he was a joiner, and hired himself of his owner for about two hundred dollars a year. They saved a little money, and stealthily, piece by piece, they bought a suit of gentleman's clothes to fit the wife; no two garments were obtained of the same dealer. Ellen disguised herself as a man, William attending as her servant, and so they fled off and came to Boston. No doubt these Hon. Judges think it was a very "immoral" thing. Mr. Curtis knows no morality here but "legality." Nay, it was a wicked thing—for Mr. Everett, a most accomplished scholar, and once a Unitarian minister, makes St. Paul command "Slaves, obey your masters!" Nay, Hon. Judge Sprague says it is a "precept" of our "Divine Master!"
Ellen and William lived here in Boston, intelligent, respected, happy. The first blow of the fugitive slave bill must fall on them. In October, 1850, one Hughes, a jailer from Macon, Georgia, a public negro-whipper, who had once beaten Ellen's uncle "almost to death," came here with one Knight, his attendant, to kidnap William and Ellen Craft. They applied to Hon. Mr. Hallett for a writ. Perhaps they had heard (false) rumors that the Hon. Commissioner was "a little slippery in his character;" that he was "not overscrupulous in his conduct;" that he "would do any dirty work for political preferment." Gentlemen, you know that such rumors will get abroad, and will be whispered of the best of men. Of course you would never believe them in this case: but a kidnapper from Georgia might; "distance lends" illusion, as well as "enchantment, to the view." But be that as it may, Mr. Hallett (in 1850) appeared to have too much manhood to kidnap a man. He was better than his reputation; I mean his reputation with Knight and Hughes, and would not (then) steal Mr. and Mrs. Craft. This is small praise; it is large in comparison with the conduct of his official brethren. Butfor the salvation of the Union another Commissioner was found who had no such scruples. This Honorable Court—Mr. Woodbury was then in the chief place, and Mr. Sprague in his present position—issued the writ of man-stealing. Two gentlemen of this city were eminently, but secretly, active in their attempt to kidnap their victim. I shall speak of them by and by. Somebody took care of Ellen Craft. William less needed help; he armed himself with pistols and a poignard, and walked in the streets in the face of the sun. He was a tall, brave man, and was quite as cool then as this Honorable Court is now, while I relate their "glorious first essay" in man-stealing. Public opinion at length drove the (southern) kidnappers from Boston. Then the Crafts also left the town and the country, and found in the Monarchical Aristocracy of Old England what the New England Democracy refused to allow them—protection of their unalienable right to Life, Liberty, and the pursuit of Happiness.
Gentlemen, the Evangelists of slavery could not allow a Southern kidnapper to come to Boston and not steal his man: they were in great wrath at the defeat of Hughes and Knights. So they procured a meeting at Faneuil Hall to make ready for effectual kidnapping and restoring Slavery to Boston. "The great Union meeting" was held at Faneuil Hall November 26th, 1850,—two days before the annual Thanksgiving; it was "a preparatory meeting" to make ready the hearts of the People for that dear New England festival when we thank God for the Harvest of the Land, and the Harvest of the Sea, and still more for the State whose laws are Righteousness, and the Church that offers us "the Liberty wherewith Christ hath made us free," "the glorious Liberty of the Sons of God." Here are the Resolutions which were passed.
"Resolved, That the preservation of the Constitution and the Union is the paramount duty of all citizens;—that the blessings which have flowed from them in times past, which the whole country is now enjoying under them, and which we firmly believe posterity will derive from them hereafter, are incalculable; and that they vastly transcend in importance all other political objects and considerations whatever."Resolved, That it would be folly to deny that there has been and still is danger to the existence of the Union, where there is prevalent so much of a spirit of disunion, constantly weakening its strength and alienating the minds of one part of the people of the United States from another; and that if this spirit be not checked and restrained, and do not give way to a spirit of conciliation and of patriotic devotion to the general good of the whole country, we cannot expect a long continuance of the political tie which has hitherto made us one people; but must rather look to see groups of rival neighboring republics, whose existence will be a state of perpetual conflict and open war."Resolved, That all the provisions of the Constitution of the United States—the supreme law of the land—are equally binding upon every citizen, and upon every State in the Union;—thatalllaws passed by Congress, in pursuance of the Constitution, are equally binding on all the citizens, and no man is at liberty to resist or disobey any one constitutional act of Congress any more than another; and that we do not desire or intend to claim the benefit of any one of the powers or advantages of the Constitution, and to refuse, or seem to refuse, to perform any part of its duties, or to submit to any part of its obligations."Resolved, That the adjustment of the measures which disturbed the action of Congress for nearly ten months of its last session, ought to be carried out by the people of the United States in good faith, in all the substantial provisions;because, although we may differ with each other about the details of those measures, yet, in our judgment, a renewed popular agitation of any of the main questions then settled, would be fraught with new and extreme dangers to the peace and harmony of the country, which this adjustment has happily restored."Resolved, That every species and form of resistance to the execution of a regularly enacted law, except by peaceable appeal to the regular action of the judicial tribunals upon the question of its constitutionality—an appeal which ought never to be opposed or impeded—is mischievous, and subversive of the first principles of social order, and tends to anarchy and bloodshed."Resolved, That men, who directly or indirectly instigate or encourage those who are or may be the subjects of legal process, to offer violent resistance to the officers of the law, deserve the reprehension of an indignant community, and the severest punishment which its laws have provided for their offence; and that we have entire confidence that any combination or attempt to fix such a blot upon the fair fame of our State or city, will be promptly rebuked and punished, by an independent and impartial judiciary, and by firm and enlightened juries."Resolved, That we will at all times, in all places, and under all circumstances, so far as our acts or influence may extend, sustain the Federal Union, uphold its Constitution, and enforce the duty of obedience to the laws."
"Resolved, That the preservation of the Constitution and the Union is the paramount duty of all citizens;—that the blessings which have flowed from them in times past, which the whole country is now enjoying under them, and which we firmly believe posterity will derive from them hereafter, are incalculable; and that they vastly transcend in importance all other political objects and considerations whatever.
"Resolved, That it would be folly to deny that there has been and still is danger to the existence of the Union, where there is prevalent so much of a spirit of disunion, constantly weakening its strength and alienating the minds of one part of the people of the United States from another; and that if this spirit be not checked and restrained, and do not give way to a spirit of conciliation and of patriotic devotion to the general good of the whole country, we cannot expect a long continuance of the political tie which has hitherto made us one people; but must rather look to see groups of rival neighboring republics, whose existence will be a state of perpetual conflict and open war.
"Resolved, That all the provisions of the Constitution of the United States—the supreme law of the land—are equally binding upon every citizen, and upon every State in the Union;—thatalllaws passed by Congress, in pursuance of the Constitution, are equally binding on all the citizens, and no man is at liberty to resist or disobey any one constitutional act of Congress any more than another; and that we do not desire or intend to claim the benefit of any one of the powers or advantages of the Constitution, and to refuse, or seem to refuse, to perform any part of its duties, or to submit to any part of its obligations.
"Resolved, That the adjustment of the measures which disturbed the action of Congress for nearly ten months of its last session, ought to be carried out by the people of the United States in good faith, in all the substantial provisions;because, although we may differ with each other about the details of those measures, yet, in our judgment, a renewed popular agitation of any of the main questions then settled, would be fraught with new and extreme dangers to the peace and harmony of the country, which this adjustment has happily restored.
"Resolved, That every species and form of resistance to the execution of a regularly enacted law, except by peaceable appeal to the regular action of the judicial tribunals upon the question of its constitutionality—an appeal which ought never to be opposed or impeded—is mischievous, and subversive of the first principles of social order, and tends to anarchy and bloodshed.
"Resolved, That men, who directly or indirectly instigate or encourage those who are or may be the subjects of legal process, to offer violent resistance to the officers of the law, deserve the reprehension of an indignant community, and the severest punishment which its laws have provided for their offence; and that we have entire confidence that any combination or attempt to fix such a blot upon the fair fame of our State or city, will be promptly rebuked and punished, by an independent and impartial judiciary, and by firm and enlightened juries.
"Resolved, That we will at all times, in all places, and under all circumstances, so far as our acts or influence may extend, sustain the Federal Union, uphold its Constitution, and enforce the duty of obedience to the laws."
A singular preparation for a Thanksgiving day in Boston! But on that festival, Gentlemen, three Unitarian ministers thanked God that the fugitive slave bill would be kept in all the land!
Several speeches were made at the meeting, some by Whigs, some by Democrats, for it was a "Union meeting," where Herod and Pilate were made friends. Gentlemen, I must depart a little from the severity of this defence and indulge you with some of the remarks of my distinguished opponent, Hon. Attorney Hallett: then he was merely a lawyer, and fugitive slave bill Commissioner, appointed "to take bail, affidavits," and colored men,—he was only an expectant Attorney. His speech was a forerunner of the "Indictment" which has brought us together. Hearken to the words of Mr. Hallett in his "preparatory lecture:"—
"We can now say that there is no law of the United States which cannot be executed in Massachusetts. If there was any doubt before,there can be no doubt now; and if there be any wild enough hereafter to resort to a fancied 'Higher Law' to put down law [that is, the fugitive slave bill], they will find in your determined will a stronger law to sustainall the laws of the United States." "The threatened nullification comes from Massachusetts upon a law [the fugitive slave bill] which the whole South insist isvital to the protection of their property and industry[much of their "property" and "industry" being addicted to running away].And shall Massachusetts nullify that law?" "The question for us to-day is whether we will in good faithabide by, and carry out thesePeace Measures[for the rendition of fugitive slaves, the new establishment of Slavery in Utah and New Mexico, and the restoration of it to all the North] or whether we shall rush into renewed agitation," etc. "Resort is had to a new form ofmoral treasonwhich assumes by the mysterious power of a 'Higher Law' to trample down all law [that is, the fugitive slave bill]. Some of our fellow-citizens have avowed that the fugitive slave bill is to be treated like theStamp Act, and never to be enforced in Massachusetts. If that means any thing, it means that which our fathers meant when they resisted the Stamp Act and threw the tea overboard—Revolution.[181]It[opposition to the fugitive slave bill]is revolution, or it is treason. If it only resists law, and obstructs its officers, it is treason; and he who risks it, must risk hanging for it."[182]
"We can now say that there is no law of the United States which cannot be executed in Massachusetts. If there was any doubt before,there can be no doubt now; and if there be any wild enough hereafter to resort to a fancied 'Higher Law' to put down law [that is, the fugitive slave bill], they will find in your determined will a stronger law to sustainall the laws of the United States." "The threatened nullification comes from Massachusetts upon a law [the fugitive slave bill] which the whole South insist isvital to the protection of their property and industry[much of their "property" and "industry" being addicted to running away].And shall Massachusetts nullify that law?" "The question for us to-day is whether we will in good faithabide by, and carry out thesePeace Measures[for the rendition of fugitive slaves, the new establishment of Slavery in Utah and New Mexico, and the restoration of it to all the North] or whether we shall rush into renewed agitation," etc. "Resort is had to a new form ofmoral treasonwhich assumes by the mysterious power of a 'Higher Law' to trample down all law [that is, the fugitive slave bill]. Some of our fellow-citizens have avowed that the fugitive slave bill is to be treated like theStamp Act, and never to be enforced in Massachusetts. If that means any thing, it means that which our fathers meant when they resisted the Stamp Act and threw the tea overboard—Revolution.[181]It[opposition to the fugitive slave bill]is revolution, or it is treason. If it only resists law, and obstructs its officers, it is treason; and he who risks it, must risk hanging for it."[182]
Gentlemen, that meeting determined to execute the fugitive slave bill "with all its provisions, to the fullest extent." It is dreadful to remember the articles in the Daily Advertiser and the Courier at that period. Some of the sermons in the Churches of Commerce on the following Thursday, Thanksgiving day, were filled with the most odious doctrines of practical atheism. The "preparatory meeting" had its effect. Soon the seed bore fruit after its kind. But some ministers were faithful to their Brother and their Lord.
(2.) February 15th, 1851, a colored man named "Shadrach" was arrested under a warrant from that Commissioner who had been so active in the attempt to kidnap Mr. and Mrs. Craft. But a "miracle" was wrought: "where sin abounded Grace did much more abound," and "the Lord delivered him out of their hands." Shadrach went free to Canada, where he is now a useful citizen. He was rescued by a small number of colored persons at noonday. The kidnapping Commissioner telegraphed to Mr. Webster, "It is levying war—it is treason." Another asked, "What is to be done?" The answer from Washington was, "Mr. Webster was very much mortified."
On the 18th, President Fillmore, at Mr. Webster's instigation, issued his proclamation calling on all well disposed citizens, andcommanding all officers, "civil and military, to aid and assist in quelling this, and all other such combinations,and to assist in recapturing the above-named person" Shadrach. General orders came down from the Secretaries of War and the Navy, commanding themilitary and naval officers to yield all practicable assistancein the event of such another "insurrection." The City Government of Boston passed Resolutions regretting that a man had been saved from the shackles of slavery; cordially approving of the President's proclamation, andpromising their earnest efforts to carry out his recommendations. At that time Hon. Mr. Tukey was Marshal; Hon. John P. Bigelow was Mayor; Hon. Henry J. Gardner, a man equally remarkable for his temperance, truthfulness, and general integrity, was President of the Common Council.
It was not long, Gentlemen, before the City Government had an opportunity to keep its word.
(3.) On the night of the 3d of April, 1851, Thomas Sims was kidnapped by two police officers of Boston, pretending to arrest him for theft! Gentlemen of the Jury, you know the rest. He was on trial nine days. He never saw the face of a jury, a judge only once—who refused theHabeas Corpus, the great "Writ of Right." That judge—I wish his successors may better serve mankind—has gone to his own place; where, may God Almighty have mercy on his soul! You remember, Gentlemen, the chains round the Court House; the Judges of your own Supreme Court crawling under the southern chain. You do not forget the "Sims Brigade"—citizen soldiers called out and billeted in Faneuil Hall. You recollect the Cradle of Liberty shut to a Free Soil Convention, but open to those hirelings of the Slave Master. You will never forget the Pro-Slavery Sermons that stained so many Boston pulpits on the "Fast-day" which intervened during the mock trial!
Mr. Sims had able defenders,—I speak now only of such as appeared on his behalf, others not less noble and powerful, aided by their unrecorded service—Mr. Sewall, Mr. Rantoul, men always on the side of Liberty, and one more from whose subsequent conduct, Gentlemen of the Jury, I grieve to say it, you would not expect such magnanimity then, Mr. Charles G. Loring. But of what avail was all this before such a Commissioner? Thomas Sims was declared "a chattel personal to all intents, uses, and purposes whatsoever." After it became plain that he would be decreed a slave, the poor victim of Boston kidnappers asked one boon of his counsel, "I cannot go back to Slavery," said he, "give me a knife, and when the Commissioner declares me a slave I will stab myself to the heart, and die before his eyes! I will not be a slave." The knife was withheld! At the darkest hour of the night Mayor Bigelow and Marshal Tukey, suitable companions, admirably joined by nature as by vocation, with two or three hundred police-men armed, some with bludgeons, some with drawn swords and horse pistols, took the poor boy out of his cell, chained, weeping, and bore him over the spot where, on the 5th of March, 1770, the British tyrant first shed New England blood; by another spot where your fathers and mine threw to the ocean the taxed tea of the oppressor. They put him on board a vessel, the "Acorn," and carried him off to eternal bondage. "Andthis is Massachusetts liberty!" said he, as he stepped on board. Boston sent her Delegates to escort him back, and on the 19th of April, 1851, she delivered him up to his tormentors in the jail at Savannah, where he was scourged till human nature could bear no more, while his captors were feasted at the public cost. Seventy-six years before there was another 19th of April, also famous!
(4.) Then came the examination and "trial" of the Shadrach Rescuers in February and the following months. Some of these trials took place before his Honor Judge Peleg Sprague. Therefore, you will allow me, Gentlemen, to refresh your memories with a word or two respecting the antecedents of this Judge—his previous history.
In 1835 the abolition of Slavery in the British West Indies and the efforts of the friends of Freedom in the Northern States, excited great alarm at the South, lest the "peculiar institution" should itself be brought into peril. Fear of a "general insurrection of the slaves" was talked about and perhaps felt. The mails were opened in search of "incendiary publications;" a piano-forte sent from Boston to Virginia, was returned because the purchaser found an old copy of the "Emancipator" in the case which contained it. Public meetings for the promotion of American Slavery were held. There was one at Boston in Faneuil Hall, August 21, 1835, at which a remarkable speech was made by a lawyer who had graduated at Harvard College in 1812, a man no longer young, of large talents and great attainments in the law. He spoke against discussion, and in behalf of Slavery and Slaveholders: he could see no good, but only unmixed evil "consequent upon agitating this subject here." He said:—