You all know how it was brought about; you remember the speech of Mr.

Webster on the 7th of March, 1850, a day set apart for the blessed

Martyrs, Saints Perpetua and Felicitas. We all know who was the author

of that law. It is Mr. Webster's Fugitive Slave Law! It was his

"thunder," unquestioned and unquestionable. You know what a rapid change

was wrought in the public opinion of the controlling classes, soon after

its passage. First the leading whigs went over. I will not say they

changed their principles, God knows, not I, what principles they have, I

will only say they altered their "resolutions," and ate their own words.

True, the whigs have not all gone over. There are a few who still cling

to the old Whig-tree, after it has been shaken and shaken, and thrashed

and thrashed, and brushed and brushed, by politicians, as apple-trees in

autumn. There are still a few little apples left, small and withered no

doubt, and not daring to show their dishonored heads just now, but still

containing some precious seeds that may do service by and by. Whig

journal after journal went over; politician after politician "caved in"

and collapsed. At the sounding of the rams' horns of slavery, how quick

the Whig Jericho went down! Its fortresses of paper resolutions rolled

up and blew away. Of course, men changed only after "logical

conviction." Of course, nobody expected a "reward" for the change, at

least only in the world to come. Were they not all Christians? True, on

the 17th of June last, seventy-five years after the battle of Bunker

Hill, Mr. Webster said in the Senate, that if the North should vote for

the Fugitive Slave Bill, a Tariff was expected. But that was of no

moment, no more than worldly riches to "the elect." Of course, a man has

a right to change his opinions every ten minutes, if he has a good and

sufficient reason. Of course, these men expected no offices under this

or any future President! But presently the Fugitive Slave Law became a

Whig doctrine, a test of party fidelity and fitness for office!

You all remember the "Union" meeting in Boston. On that occasion,

democrats "of the worst kind" suddenly became "respectable." The very

democratic prince of devils was thought to be as good a "gentleman" as

any in the city.

It was curious to see the effect of the Fugitive Slave Law on the

democratic party. Democrat after democrat "caved in;" journal after

journal went over; horse, foot, and dragoons, they went over. The

Democratic party North, and American Slavery South, have long been

accustomed to accommodate themselves with the same nag after the old

fashion of "ride and tye." In the cities, democrats went over in tribes;

entire Democratic Zabulons and Nephthalims, whole Galilees of Democratic

Gentiles, all at once saw great Whig light; and to them that sat in the

shadow of Freedom, Slavery sprung up.

That portion of the Whig party which did not submit, became as meek, ay,

became meeker even than the beast which the old prophet in the fable is

alleged to have ridden; for, though beaten again and again,--because

alarmed at seeing the angel of Freedom that bars the way before the

great Whig Balaam, who has been bidden by his master to go forth and

curse the people of the Lord,--it dares not open its mouth and say,

"What have I done unto thee, that thou hast smitten me these three

times?"

* * * * *

But when such a law is hostile to the feelings of a majority of the

people, to their conscience and their religion, how shall we get the law

executed? That is a hard matter. In Russia and in Austria it would be

very easy. Russia has an army five hundred or eight hundred thousand

strong; and that army is ready. But here there is no such army. True,

the President asked Congress to give him greater power, and the answer

came from the Slave party South, not from the Money party North, "No!

you have more now than you know how to use." Failing in this attempt,

what was to be done that the law might be executed? Two things must be

done: A false idea must persuade the people to allow it to be done; Base

men must be found to do it. A word upon each point.

* * * * *

I. The false idea is set on foot, that the people are morally bound to

obey any law which is made until it is repealed. General Haynau wrote a

letter, not long ago, to the subalterns in the Austrian army, and thus

quoth he: "You are bound to obey the law. It is none of your business

whether the law is constitutional or not; that is our affair." So went

it with our officers here. We are told that there is "no such thing as a

higher law," "no rule of conduct better than that enacted by the law of

the land." Conscience is only to tell you to keep the statutes. Religion

consists in "fearing God and serving the king." You are told that

religion bids you to "fear God and keep the commandments," no matter

what these commandments may be. No matter whether it be King Ahab, or

King Peter the Cruel: you are told,--"Mr. Republican, what right have

you to question the constitutionality or justice of any thing? Your

business is to keep the law." Religion is a very excellent thing, quotes

Mr. Webster, except when it interferes in politics; then it makes men

mad.

It is instructive to see the different relations which religion has

sustained to law, at different periods of the world's history. At some

other time I may dwell more at length upon this; now I will say but one

word. At the beginning, religion takes precedence of law. Before there

is any human government, man bows himself to the Source of law, and

accepts his rule of conduct from his God. By and by, some more definite

rule is needed, and wise men make human laws; but they pretend to derive

these from a divine source. All the primitive lawgivers, Moses, Minos,

Zaleucus, Numa, and the rest, speak in the name of God. For a long time,

law comes up to religion for aid and counsel. At length law and

religion, both imperfect, are well established in society, religion

being the elder sister; both act as guardians of mankind. Institution

after institution rises up, all of them baptized by religion and

confirmed by law, taking the sacrament from the hands of each. At length

it comes to pass that law seeks to turn religion out of doors.

Politicians, intoxicated with ambition, giddy with power, and sometimes

also drunk with strong drink, make a statute which outrages all the

dictates of humanity, and then insist that it is the duty of sober men

to renounce religion for the sake of keeping the wicked statute of the

politicians. All tyrants have done so!

In the North, the majority of men think that the law of man is

subordinate to religion--the statutes of man beneath the law of God;

that as ethics, personal morals, are amenable to conscience, so

politics, national morals, are amenable to the same conscience; and that

religion has much to do with national as with individual life. Depend

upon it, that idea is the safeguard of the State and of the law. It will

preserve it, purify it, and keep it; but it will scourge every wicked

law out of the temple of justice with iron whips, if need be. Depend

upon it, when we lose our hold of that idea, all hope of order is gone.

But there is no danger; we are pretty well persuaded, that the law of

God is a little greater than the statute of an accidental president

unintentionally chosen for four years. When we think otherwise, we may

count our case hopeless, and give up all.

But with the controlling class of men it is not so. They tell us that we

must keep any law, constitutional or not, legal or not, just or unjust:

first, that we must submit passively, and let the government execute it;

next, we must actively obey it, and with alacrity when called upon to

execute it ourselves. This doctrine is the theory advanced in most of

the newspapers of Boston. It is preached in some of the pulpits, though,

thank God! not in all.

This doctrine appears in the charge of the Judge of the Circuit Court to

the grand jury.[27] I believe that judge to be a good and excellent and

honorable man; I never heard a word to the contrary, and I am glad to

think that it is so.[28] I have to deal only with his opinions; not with

his theoretic doctrines of law, of which latter I profess to know

nothing; but with the theoretic doctrines of morality he lays down. Of

morality I do profess to know something.

He says some excellent things in his charge, which I am glad were said.

He is modest in some places, and moderate in others. He does not think

that a dozen black men taking a fugitive out of court are guilty of

"levying war," and therefore should be hanged, drawn, and quartered, if

you can catch them. All honor to his justice. He does not say, as the

Secretary of State, that we must suppress discussion and stop agitation.

He says we may agitate as much as we have a mind to; may not only speak

against a law, but may declaim against it, which is to speak strongly. I

thank the judge for this respect for the Constitution. But with regard

to the higher and lower law, he has some peculiar opinions. He supposes

a case: that the people ask him, "Which shall we obey, the law of man or

the law of God?" He says, "I answer, obey both. The incompatibility

which the question assumes does not exist."

So, then, here is a great general rule, that between the "law of man"

and the "will of God" there is no incompatibility, and we must "obey

both." Now let us see how this rule will work.

If I am rightly informed, King Ahab made a law that all the Hebrews

should serve Baal, and it was the will of God that they should serve the

Lord.--According to this rule of the judge, they must "obey both." But

if they served Baal, they could not serve the Lord. In such a case,

"what is to be done?"--We are told that Elijah gathered the prophets

together; "and he came unto all the people, and said, How long halt ye?

If the Lord be God, follow him; but if Baal, then follow him." Our

modern prophet says, "Obey both. The incompatibility which the question

assumes does not exist." Such is the difference between Judge Elijah and

Judge Peleg.

Let us see how this rule will work in other cases; how you can make a

compromise between two opposite doctrines. The king of Egypt commanded

the Hebrew nurses, "When you do the office of a midwife to the Hebrew

women, if it be a son ye shall kill him." I suppose it is plain to the

Judge of the Circuit Court that this kind of murder, killing the

new-born infants, is against "the will of God;" but it is a matter of

record that it was according to "the law of man." Suppose the Hebrew

nurses had come to ask Judge Sprague for his advice. He must have said,

"Obey both!" His rule is a universal one.

Another decree was once made as it is said, in the Old Testament, that

no man should ask any petition of any God for thirty days, save of the

king, on penalty of being cast into the den of lions. Suppose Daniel--I

mean the old Daniel, the prophet--should have asked him, What is to be

done? Should he pray to Darius or pray to God? "Obey both!" would be the

answer. But he cannot, for he is forbid to pray to God. We know what

Daniel did do.

The elders and scribes of Jerusalem commanded the Christians not to

speak or to teach at all in the name of Jesus; but Peter and John asked

those functionaries, "Whether it be right in the sight of God to hearken

unto you more than unto God, judge ye." Our judge must have said, There

is no "incompatibility;" "obey both!" What "a comfortable Scripture"

this would have been to poor John Bunyan! What a great ethical doctrine

to St. Paul! He did not know such Christianity as that. Before this time

a certain man had said, "No man can serve two masters." But there was

one person who made the attempt, and he also is eminent in history. Here

was "the will of God," to do to others as you would have others do to

you: "Love thy neighbor as thyself." Here is the record of "the law of

man:" "Now both the chief priests and the Pharisees had given a

commandment, that, if any man knew where he [Jesus] were, he should show

it that they might take him." Judas, it seems, determined to "obey

both,"--"the law of man" and "the will of God."--So he sat with Jesus at

the Last Supper, dipped his hand in the same dish, and took a morsel

from the hand of Christ, given him in token of love. All this he did to

obey "the will of God." Then he went and informed the Commissioner or

Marshal where Jesus was. This he did to obey "the law of man." Then he

came back, and found Christ,--the agony all over, the bloody sweat wiped

off from his brow, presently to bleed again,--the Angel of Strength

there with him to comfort him. He was arousing his sleeping disciples

for the last time, and was telling them, "Pray, lest ye enter into

temptation."--Judas came and gave him a kiss. To the eleven it seemed

the friendly kiss, obeying "the will of God." To the Marshal it also

seemed a friendly kiss,--obeying "the law of man." So, in the same act,

he obeys "the law of God" and "the will of man," and there is no

"incompatibility!"

Of old it was said, "Thou canst not serve God and mammon." He that said

it, has been thought to know something of morals,--something of

religion.

Till the fugitive slave law was passed, we did not know what a great

saint Iscariot was. I think there ought to be a chapel for him, and a

day set apart in the calendar. Let him have his chapel in the navy-yard

at Washington. He has got a priest there already. And for a day in the

calendar--set apart for all time the seventh of March!

Let us look at some other things in that Judge's address to the grand

jury. "Unjust and oppressive laws may indeed be passed by human

government. But if infinite and inscrutable Wisdom permits political

society ... to establish such laws, may not the same Wisdom permit and

require individuals ... to obey them?" Ask the prophets in such a case,

if they would have felt themselves permitted and required to obey them!

Ask the men who were tortured, not accepting deliverance, that they

might obtain a better resurrection; who had trial of cruel mockings and

scourgings, yea, moreover of bonds and imprisonment; who were stoned and

sawn asunder; who were slain with the sword; who wandered about in

sheep-skins and goat-skins, destitute, afflicted, and tormented, of whom

the world was not worthy! Ask the apostles, who thanked God they were

counted worthy to suffer shame in the name of Christ! Ask Paul, who was

eight times publicly beaten, thrice shipwrecked; and in perils of

waters, of robbers, of the heathen, of false brethren--that worst of all

peril! Nay, ask Christ; let the Crucified reply,--whether, when a

wicked law is made, and we are commanded to keep it, God means we

should! Ask the men who, with their ocean-wearied feet, consecrated the

rock of Plymouth forever! Ask the patriots of the Revolution! What do

they say? I will not give the answer. Even the martyred Jesuits say No.

Who is it that says Yes? Judas and the Judge. Let them go--each "to his

own place." Let me say no more of them.

This attempt to keep the people down by false doctrine, is no new thing.

But to say that there is no law higher than what the State can make, is

practical atheism. It is not a denial of God in his person; that is only

speculative atheism. It is a denial of the functions and attributes of

God; that is real atheism. If there is no God to make a law for me, then

there is no God for me.

The law of the land is so sacred, it must override the law of God, must

it? Let us see if all the laws of the United States are kept everywhere.

Let a black man go to South Carolina in a ship, and we shall see. Let

the British minister complain that South Carolina puts British subjects

in jail, for the color of their skin. Mr. Secretary Clayton tells him,

We cannot execute the laws of the United States in South Carolina. Why

not? Because the people of South Carolina will not allow it!

Are the laws of Massachusetts kept in Boston, then? The usury law says,

Thou shalt not take more than six per cent. on thy money. Is that kept?

There are thirty-four millions of banking capital in Massachusetts, and

I think that every dollar of this capital has broken this law within the

past twelve months; and yet no complaint has been made. There are three

or four hundred brothels in this city of Boston, and ten or twelve

hundred shops for the sale of rum. All of them are illegal: some are as

well known to the police as is this house; indeed, a great deal more

frequented by some of them, than any house of God. Does anybody disturb

them? No! I have a letter from an alderman who furnishes me with facts

of this nature, who says, that "Some of the low places are prosecuted,

some broken up." Last Saturday night, the very men who guarded Mr. Sims,

I am told, were playing cards in his prison-house, contrary to the laws

of Massachusetts. In Court Square, in front of the court-house, is a

rum-shop, one of the most frequented in the city, open at all hours of

the day, and, for aught I know, of the night too. I never passed when

its "fire was quenched," and its "worm" dead. Is its owner prosecuted?

How many laws of Massachusetts have been violated this very week, in

this very city, by the slave-hunters here, by the very officers of the

State? What is the meaning of this? Every law which favors the

accumulation of money, must be kept; but those which prohibit the

unjust accumulation of money by certain classes--they need not be

kept.[29]

No doubt it would be a great pity to have the city government careful to

keep the laws of the city,--to suppress rum-shops, and save the citizens

from the almshouse, the jail, and the gallows. Such laws may be executed

at Truro and Wellfleet; but it is quite needless for the officers of

"The Athens of America," to attend to the temperance laws.[30]--What a

pity for the magistrates of Boston to heed the laws of the State! No; it

is the fugitive slave law that they must keep.

* * * * *

II. A great deal of pains has been taken to impress the people with

their "moral duty to obey the fugitive slave law." To carry it out,

government needs base men; and that, my brothers, is a crop which never

fails. Rye and wheat may get blasted many times in the course of years;

the potato may rot; apples and peaches fail. But base men never fail.

Put up your black pirate-flag in the market-place, offer "money and

office," and they will come as other carrion-vultures to their prey. The

olive, the fig, and the orange are limited in their range; even Indian

corn and oats will not grow everywhere; but base men are indigenous all

the world over, between the tropics, and under a polar sky. No bad

scheme ever failed for lack of bad men to carry it out. Do you want to

kill Baptists and Quakers in Boston? There are the men for you. To hang

"witches" at Salem? There are hangmen in plenty on Gallows Hill. Would

James the Second butcher his subjects? He found his "human" tools ready.

Would Elizabeth murder the Puritans and Catholics? There was no lack of

ruffians. Would bloody Mary burn the Protestants? There were more

executioners than victims. Would the Spanish Inquisition torture and put

to death the men for whom Christ died? She found priests and

"gentlemen," ready for their office. Would Nero murder the Christians,

and make a spectacle of their sufferings? Rome is full of scoundrels to

do the deed, and teems with spectators rushing to the amphitheatre at

the cry of "Christians to the Lions!" all finding a holiday in their

brothers' agony. Would the high-priests crucify the Son of man? They

found a commissioner to issue the mandate, a marshal to enforce it, a

commissioner to try him by illegal process,--for the process against

Christ was almost as unconstitutional as that against Sims,--they found

a commissioner ready to condemn Christ, against his own conscience,

soldiers ready to crucify him. Ay! and there was a Peter to deny him,

and a Judas to betray, and now there is a judge with his legal ethics,

to justify the betrayal! I promised not to speak of Judas or the judge

again, but they will come up before me! It is true, that, if in Boston,

some judicial monster should wish to seethe a man in a pot of scalding

water, he would find another John Boilman in Boston, as Judge Jeffries

found one in England, in 1686.

The churches of New England, and the North, have had their trials. In my

time they have been tried in various ways. The temperance reformation

tried them. They have had perils on account of slavery. The Mexican war

tried them; the fugitive slave law has put them to the rack. But, never

in my day, have the churches been so sorely tried, nor done so well as

now. The very letter of the New Testament on the one side, and of the

Old Testament on the other, both condemned the law; the spirit of them

both was against all slavery.

There are two great sects in Christendom,--the churches of Christianity,

and the churches of commerce. The churches of Christianity always do

well: they think that religion is love to God, and love to man. But the

churches of commerce, which know no higher law, what should they do?

Some of the ministers of the churches of commerce were wholly silent.

Why so? The poor ministers were very modest all at once. Now, modesty is

a commendable virtue; but see how it works. Here is a man who has given

his mind ten, twenty, or thirty years to the study of theology, and

knows every Hebrew particle of the Old Testament, and every Greek

particle of the New Testament, as well as he knows the Lord's Prayer;

every great work on the subject of Christianity, from Nicodemus down to

Norton. Let him come out and say that the Old Testament was written like

other books; let him say that the miracles of the Old and New Testament

are like the miracles of the Popish legends; then, ministers in their

pulpits, who never studied theology or philosophy, or pretended to

study, only to know, the historical development of religion in the

world,--they will come down instantly upon our poor man, call his

doctrines "false," and call him an "infidel," an "atheist." But let a

rich parishioner, or a majority of the rich parishioners, be in favor of

the fugitive slave law, and all at once the minister is very modest

indeed. He says to his people, by silence or by speech, "I do not

understand these things; but you, my people, who all your lives are

engaged in making money and nothing else, and worship mammon and nothing

else, you understand them a great deal better than I do. My modesty

forbids me to speak. Let us pray!"[31]

Some ministers have been silent; others have spoken out in favor of the

lower law, and in derision of the higher law. Here is a famous minister,

the very chief of his denomination, reported in the newspapers to have

said that he would surrender his own mother to slavery rather than have

the Union dissolved! I believe him this time. A few years ago, that

minister printed, in the organ of his sect, that the existence of God

was "not a certainty!" He did not mean to say that he doubted or

disbelieved it, only that it was "not a certainty!" I should suppose

that he had gone further in that direction, and thought the

non-existence of God was "a certainty." But he is not quite original in

this proposed sacrifice. He has been preceded and outbid by a Spanish

Catholic. Here is the story in Senor de Castro's History of the Spanish

Protestants, written this very year. I can tell the story shorter than

it is there related. In 1581, there lived a man in Valladolid, who had

two Protestant daughters, being himself a Catholic. The Inquisition was

in full blast, and its fiery furnace heated seven times hotter than

before. This man, according to the commandment of the priests and Pope,

complained to the inquisitors against his daughters, who were summoned

to appear before them. They were tried, and condemned to be burned

alive, at his suggestion. He furnished the accusation, brought forward

the evidence, and was the only witness in the case. That was not all.

After this condemnation, he went round his own estates, and from

selected trees cut down morsels of wood, and carried them to the city

to use in burning his own daughters. He was allowed to do this, and of

course the priest commended him for his piety and love of God! Thus, in

1581, in Valladolid, a father at noon-day, with wood from his own

estate, on his own complaint and evidence, with his own hands, burned

his two daughters alive; and the Catholic Church said, Well done! Now,

in my opinion, the Hidalgo of Valladolid a little surpasses the

Unitarian Doctor of Divinity. I do not know what "recompense of reward"

the Spanish Hidalgo got for his deed; but the American divine, for his

offer, has been put into "one of the priests' offices, that he might eat

a piece of bread." He has been appointed, as the newspapers say, a

Chaplain of the Navy at Washington. Verily he has his reward.

But there have been found men in Boston to go a little further. Last

Thanksgiving Day, I said it would be difficult to find a magistrate in

Boston to take the odium of sending a fugitive back to slavery. I

believed, after all, men had some conscience, although they talked about

its being a duty to deliver up a man to bondage. Pardon me, my country,

that I rated you too high! Pardon me, town of Boston, that I thought

your citizens all men! Pardon me, lawyers, that I thought you had been

all born of mothers! Pardon me, ruffians, who kill for hire! I thought

you had some animal mercy left, even in your bosom! Pardon me, United

States' commissioners, marshals, and the like, I thought you all had

some shame! Pardon me, my hearers, for such mistakes. One commissioner

was found to furnish the warrant! Pardon me, I did not know he was a

commissioner; if I had, I never would have said it!

Spirits of tyrants, I look down to you! Shade of Cain, you great first

murderer, forgive me that I forgot your power, and did not remember that

you were parent of so long a line! And you, my brethren, if hereafter I

tell you that there is any limit of meanness or wickedness which a

Yankee will not jump over, distrust me, and remind me of this day, and I

will take it back!

Speeches, Addresses, and Occasional Sermons, Volume 3 (of 3) · 第 15 / 23 段