In this universal panic, in this dread entertained, especially in

Boston, by Mr. Webster's friends, of soon seeing the mighty fabric of

our government trembling over their heads, it may, Sir, be consolatory

to you and others to know how so dire a calamity may be averted. The

chivalric Senator from Mississippi--the gentleman who threatens to hang

one Senator if he dare place his foot on the soil of Mississippi, who

draws a loaded pistol on another, and for a third bears a challenge to

mortal combat--was lately in the city of New York. The Committee of

Safety found him out, and lauded him for his fearless discharge of duty,

and his fervor and devotion to the Union, and welcomed him to the

commercial emporium in the name of all who appreciate the blessings we

enjoy, and are willing to transmit them to their children. The worthy

and conciliatory gentleman very appropriately communicated to the

committee having the Union in charge the conditions on which alone it

could be saved, notwithstanding its bond had so recently been

strengthened. These conditions are, we learn, four in number.

1. "The Fugitive Slave Bill passed by Congress shall remain the law of

the land, and be faithfully executed."

Both you and Mr. Webster admit that the Constitution permits a jury

trial to the fugitive. Should Congress, in its wisdom, and in obedience

to the wishes of the great mass of the Northern population, and in the

exercise of its constitutional power, elevate property in a human being

to the same level with that in a horse, and permit a jury to pass upon

the title to it,--_the Union must be dissolved_.

2. "The Wilmot Proviso, that monstrous thing, shall not be revived." It

was not courteous, certainly, in Mr. Foote thus to characterize Mr.

Webster's thunder. The claim to this thunder was made in his speech,

September, 1847, at the Springfield Convention, which nominated him for

President; and the Convention, in his presence, thus declared their

devotion to his missile. "The Whigs of Massachusetts now declare, and

put this declaration of their purpose _on record_, that Massachusetts

will never consent that Mexican territories, however acquired, shall

become a part of the American Union, unless on the _unalterable_

condition that there shall be neither slavery nor involuntary servitude,

otherwise than in punishment for crime." The next year Mr. Webster

launched his thunder over the Territory of Oregon, and thus in his

speech (10th August, 1848) vindicated it from the character now given to

it by Mr. Foote:--

"Gentlemen from the South declare that we invade their rights when we

deprive them of a participation in the enjoyment of territories acquired

by the common services and common exertions of all. Is this true? Of

what do we deprive them? Why, they say that we deprive them of the

privilege of carrying their slaves as slaves into the new territories.

Well, Sir, what is the amount of that? They say, that in this way we

deprive them of going into this acquired territory with their property.

Their property! What do they mean by this 'property'? We certainly do

not deprive them of the privilege of going into those newly acquired

territories with all that, in the general estimate of human society and

common and universal understanding of mankind, is esteemed property. Not

at all. The truth is just this. They have in their own States peculiar

laws which create property in persons.... The real meaning, then, of

Southern gentlemen, in making this complaint, is, that they cannot go

into the territories of the United States carrying with them their own

peculiar law, a law which creates property in persons."

So the Wilmot Proviso was no monstrous thing at all, as applied to

Oregon. When the question came up of applying this same Proviso to New

Mexico and California, Mr. Webster discovered in these Territories a

certain peculiarity of physical geography and Asiatic scenery which he

had not discovered in Oregon, and which, he found, rendered it a

physical impossibility for Southern gentlemen to carry there "a law

which creates property in persons," and he therefore gave them full

liberty to carry their law into those vast regions, if they could. But

at the very moment of giving this liberty to Southern gentlemen, he

courageously warned them that his thunder was good constitutional

thunder, and would be used whenever necessary. "Wherever there is an

_inch of land_ to be stayed back from becoming slave territory, I am

ready to insert the principle of the exclusion of slavery. I am pledged

to that from 1837,--pledged to it again and again, and I will perform

those pledges." So, should we get another slice of Mexico, or annex Cuba

or St. Domingo, Mr. Webster would revive the Wilmot Proviso, and then

_he_ will be the means, if he succeeds, of dissolving the Union!

3. The next condition announced to the Safety Committee is,--"No attempt

shall be made in Congress to prohibit slavery in the District of

Columbia."

Now it is the opinion of Mr. Webster, that Congress has the

constitutional right, not merely to attempt, but actually to effect, the

exclusion of slavery in _all_ the Territories of the United States. The

District of Columbia being placed by the Constitution expressly under

"the exclusive jurisdiction" of Congress, the _constitutional_ right to

abolish slavery there has rarely been questioned; but it has been

contended that good faith to the States which ceded the District forbids

such an act of constitutional power. Hence, in 1838, a resolution was

introduced into the Senate declaring that the abolition of slavery in

the District would be "a violation of good faith," &c. What said Mr.

Webster? "I do not know any matter of fact, or any ground of argument,

on which this affirmation of plighted faith can stand. I see nothing in

the act of cession, and nothing in the Constitution, and nothing in the

transaction, implying any limitation on the authority of Congress."[5]

[5] On the 10th of January, 1838, Mr. Clay moved in the Senate the

following resolution, viz.:--"Resolved, that the interference by the

citizens of any of the States with a view to the abolition of slavery in

this District, is endangering the rights and security of the people of

this District; and that any act or measure of Congress designed to

abolish slavery in this District would be a violation of the faith

implied in the cession by the States of Virginia and Maryland, a just

cause of alarm to the people of the slaveholding States, and have a

direct and inevitable tendency to disturb and endanger the

Union."--Passed, 38 to 8, Mr. Webster voting in the negative. _Senate

Journal_, _2 Sess. 25 Cong._, p. 127.

4. The last condition on which the Union can be preserved is,--"No State

shall be prevented from coming into the Union on the ground of having

slavery." This is an unkind cut at Mr. Webster, since he has again and

again pledged himself against the admission of slave States. Even so

early as 1819, he advocated, in a public meeting at Boston, a resolution

declaring that Congress "possessed the constitutional power, upon the

admission of any new State created beyond the limits of the original

territory of the United States, to make the prohibition of the further

extension of slavery or involuntary servitude in such new State a

condition of admission. That, in the opinion of this meeting, it is just

and expedient that this power should be exercised by Congress upon the

admission of all new States created beyond the original limits of the

United States." In his New York speech, in 1837, he averred, "When it is

proposed to bring new members into the political partnership, the old

members have a right to say on what terms such new partners are to come

in, and _what they are to bring along with them_." In his Springfield

speech, he insisted, "There is no one [he forgot Mr. Foote and his other

Southern friends] who can complain of the North for resisting the

increase of _slave representation_, because it gives power to the

minority in a manner inconsistent with the principles of our

government." So late as 1848, he proclaimed on the floor of the Senate,

"I shall oppose all such extension [slave representation] at all times

and under all circumstances, even against all inducements, against all

combinations, against all compromises."

The State of Georgia, in her convention of December last, added a

_fifth_ condition to those stated by Mr. Foote as indispensable to the

preservation of the Union, viz.:--"No act suppressing the slave-trade

between the slaveholding States." Unfortunately for Mr. Webster, he is

here, for the fifth time, virtually held up as a disorganizer, and an

enemy of the Union; for in his speech in the Senate (6th February, 1837)

he remarked,--"As to the point, the right of regulating the transfer of

slaves from one State to another, he did not know that he entertained

any doubt, because the Constitution gave Congress the right to regulate

trade and commerce between the States. Trade in what? In whatever was

the subject of commerce and ownership. If slaves were the subjects of

ownership, then trade in them between the States was subject to the

regulation of Congress."

Mr. Webster declared, that the work of the two days in which he rejoiced

had fortified the Constitution, and strengthened the bond of the Union;

and yet we are now solemnly warned, by the very men and party with whom

he is acting, that the bond is to be severed, should Congress pass any

one of five laws, all and each of which he, the great expounder,

declares the Constitution authorizes Congress to pass. So it seems the

great peril to which we are exposed, the course which is to make the

fabric of our government to tremble over the heads of the people of

Boston, is, not the violation of the Constitution, nor the breach of its

compromises, nor the invasion of the rights of the South, but the

exercise by Congress of powers which Mr. Webster declares to be

undoubtedly constitutional. The Abolitionists supposed they were

following a safe guide when they confined themselves, in their petitions

to Congress for legislative action against slavery, exclusively to such

measures as they were assured, by the eminent expounder, were strictly

constitutional. The Abolitionists have sympathized with this gentleman

in the obloquy he incurred, in common with themselves, for holding

opinions unpalatable to the slaveholders, and for maintaining the

constitutional rights of Congress. Because he insisted, in the Senate,

on the power of Congress over slavery and the slave-trade in the

District of Columbia, Mr. Rives, of Virginia, was so unkind as to say,

that the gentleman from Massachusetts, "if it so pleased his fancy,

might disport himself in tossing squibs and firebrands about this hall;

but those who are sitting upon a barrel of gunpowder, liable to be blown

up by his dangerous missiles, could hardly be expected to be quite as

calm and philosophic." Because he presented antislavery petitions, and

insisted on the duty of Congress to consider them, Mr. King, of Alabama,

affirmed that the course which the Senator from Massachusetts had taken

had "placed him at the head of those men who are inundating Congress

with their petitions." Strange as it may now seem, Mr. Cuthbert, of

Georgia, told Mr. Webster to his face in the Senate, "The gentleman had

uniformly been opposed to all those measures which tended to quiet the

country and heal those sectional dissensions which distract the

Union."[6] Surely, when the Abolitionists have so long made Mr. Webster

their polar star in all constitutional questions, and have incurred with

him the accusation of tossing squibs and firebrands, and of opposing

measures which tended to quiet the country and settle sectional

dissensions, they had a right to expect from his friends a larger share

of compassion and forbearance than they have experienced.

[6] Speech, June 8, 1836.

It would seem, Sir, that, in the late treaty of peace between the North

and the South, it has been agreed and understood, that every power

granted by the Constitution, whereby slavery can be protected, extended,

and perpetuated, is to be actively enforced; and that every power which

might be used for curtailing human bondage, however unquestionable may

be its grant, shall for ever remain dormant, under the penalty of an

immediate dissolution of the Union. This, Sir, is the treaty which our

commercial cities are glorifying; this is the treaty which has turned

our "winter of discontent" into "glorious summer." And think you, Sir,

that the slaveholders, having eyes, see not, and having understandings,

perceive not, the haberdashery patriotism which rejoices in such a

treaty, and denounces as "fanatics," "vipers," and "woolly-headed

philanthropists," all who do not confess it to be a glorious

consummation? The Southern papers tell us that our Union meetings are

got up to "sell a little more tape and flannel"; and they remark, "It is

very queer that Union meetings are held only in places which trade with

the South." Out of regard to their Southern brethren, a member of the

British House of Commons was insulted in Faneuil Hall by a portion of

the Boston people, and forthwith the _New Orleans Delta_, instead of

gratefully acknowledging the compliment, remarks, that their "good

Union-loving friends in Boston are now solacing the South with

sugar-plums in the shape of resolutions and speeches, and spice in the

form of a row, got up on the occasion of the first appearance of George

Thompson, an imported incendiary and hireling agitator. Such

manifestation possesses an advantage which doubtless constitutes no

small recommendation with our good brethren of Boston,--it is very

cheap. The _cottoncratical_ clerks and warehousemen may raise a hubbub

in Faneuil Hall, but the fanatics can slay them at the _polls_."

It is some consolation to those who are now suffering all the contempt

and opprobrium which can be thrown both upon their heads and their

hearts, because they have refused to follow Mr. Webster in the devious

paths in which it has lately been his pleasure to walk, that they have

by their constancy and firmness extorted from their Southern antagonists

a tribute which is not paid to their revilers. Said Mr. Stanley, of

Virginia, in his speech in the House of Representatives last March,

speaking of a certain class of Northern politicians,--"I would say, with

a slight alteration of one of Canning's verses,--

'Give me the avowed, erect, and manly foe,

Open I can meet, perhaps may turn, his blow;

But of all the plagues, great Heaven, thy wrath can send,

Save, O, save me from a _dough-face friend_!'"

In closing this long letter, permit me to advert to the opinion

expressed abroad of your Fugitive Law. Mr. Webster thought it convenient

to quote the sentiment of a nameless correspondent, as to the

mischievous mixture of religion with politics. Possibly the opinion of

Dr. Lushington, one of the Lords of the Privy Council, Judge of the

Vice-Admiralty Court, and the negotiator, on the part of Great Britain,

of a recent treaty with France, may be entitled to at least equal

weight. This gentleman, in a private letter to an English friend, and

not intended for publication, thus speaks of your law:--"No one can feel

more sincerely than myself, abhorrence of the Fugitive Slave Bill,--a

measure as cruel and unchristian as ever disgraced any country." An

Irish liberal, writing from Dublin, says,--"I long looked to your

country as the ark of the world's liberties. I confess I hope for this

no longer. The Fugitive Slave Bill is a shocking sample of the depravity

of public sentiment in the United States. So atrocious a measure could

not have passed into a law, if the majority of the people had not

actively assented, or passively consented. Here, by the preponderating

influence of our aristocracy, a small, but compact body, measures are

often carried into laws that are very distasteful to multitudes; but

such a mean, vile law as the Fugitive Slave Bill could not pass in

England."

The English press, Whig, Tory, and Radical, is indignant at the

atrocities of your law. The taunt of our slaveholders, that the English

had better reform abuses at home, is thus met by a radical journal (_The

People_):--"The Americans laugh at us when we speak of American slavery,

so long as so many of our fellow-subjects in England and Ireland are

perishing from starvation through monarchical and aristocratical

tyranny. We answer, that the Americans _know_ that the men and women who

lift up their voices against American slavery are the enemies of British

tyranny and oppression."

Your law, Sir, degrades the national character abroad; its excessive

servility to Southern dictation excites the contempt of the slaveholders

for the easy, selfish virtue of their Northern auxiliaries, while its

outrages upon religion, justice, humanity, and the dearest principles of

personal freedom, under pretence of preserving the Union, weaken the

attachment of conscientious men for a confederacy which requires such

horrible sacrifices for its continuance. All these evils might have been

easily avoided by a law satisfying every requirement of the

Constitution, and yet treating the alleged fugitive as a MAN, and

granting him the same protection as is accorded to an alleged murderer.

God gave you, Sir, an opportunity for which you ought to have been

grateful, of illustrating your Puritan descent by standing forth before

the nation as an advocate of justice and freedom, and of the rights of

the poor and oppressed. Through a blind devotion to a political leader,

you rejected the palm which Providence tendered to your acceptance, and

have indelibly associated your name with cruelty and injustice. Had you

retired from the notice of the public, as you did from the suffrages of

the electors, you had acted wisely. In an evil hour for yourself, you

stood forth as the champion of the Fugitive Slave Law. Its enemies

rejoice in your rashness, for your feeble apology has rendered its

deformities more prominent, and, by failing to vindicate, you have

virtually confessed its abominations. May you live, Sir, to deplore the

grievous error you have committed, and, by your future efforts in behalf

of human freedom and happiness, atone for the wound they have received

at your hands.

HANCOCK.

February, 1851.

A Letter to the Hon. Samuel A. Eliot, Representative in Congress From the City of Boston, In Reply to His Apology For Voting For the Fugitive Slave Bill. · 第 4 / 4 段