THE BOSTON PETITION FOR THE REPEAL OF THE FUGITIVE SLAVE ACT.

SPEECH IN THE SENATE, ON THE BOSTON PETITION FOR THE REPEAL OF THE

FUGITIVE SLAVE ACT, JUNE 26, 1854.

The midnight speech of Mr. Sumner on the Kansas and Nebraska Bill

contained language which was soon justified. In pronouncing the bill

"the best on which Congress ever acted," he said that it annulled all

past compromises with Slavery, and "thus it puts Freedom and Slavery

face to face, and bids them grapple." And this was the case in Boston,

immediately after the passage of the bill, when a fugitive slave was

surrendered. The indignation was general, and a petition for the repeal

of the Fugitive Slave Act was extensively signed, in the following

terms.

"To the Honorable the Senate and House of Representatives in

Congress assembled: The undersigned, men of Massachusetts, ask for

the repeal of the Act of Congress of 1850 known as the FUGITIVE

SLAVE BILL."

There were twenty-nine hundred petitioners, among whom were many who

had heretofore sustained this atrocious measure; but they felt at last

relieved from this service. In this respect this petition marks an

epoch in public sentiment.

Its reception in the Senate marks an epoch there. It was presented on

the 22d of June, by Mr. Rockwell, the new Senator in Mr. Everett's

place, who moved its reference to the Committee on the Judiciary. Other

petitions of like character had been treated very unceremoniously. This

was debated at length, and finally referred according to the motion of

Mr. Rockwell.

On the 26th of June the debate began, in which Mr. Jones, of Tennessee,

Mr. Rockwell, of Massachusetts, then again Mr. Jones, and Mr. Brodhead,

of Pennsylvania, took part. At this stage Mr. Sumner spoke as follows.

Mr. President,--I begin by answering the interrogatory propounded by

the Senator from Tennessee [Mr. JONES]: "Can any one suppose,

that, if the Fugitive Slave Act be repealed, this Union can exist?"

To which I reply at once, that, if the Union be in any way dependent

on an act--I cannot call it a _law_--so revolting in every aspect as

that to which he refers, then it ought not to exist. To much else that

has fallen from that Senator I do not desire to reply. Matters already

handled again and again, in the long-drawn-out debates of this session,

he has discussed at length. Like the excited hero of Macedonia, he has

renewed past conflicts,--

"And thrice he routed all his foes, and thrice he slew the slain."

Of what the Senator said on the relations of Senators, North and South,

of a particular party, it is not my province to speak. And yet I do not

turn from it without expressing at least some confidence that men from

the North, whether Whigs or Democrats, will neither be cajoled by any

temptation nor driven by any lash from the support of those principles

which are inseparable from the true honor and welfare of the country.

At last there will be, I trust, a backbone in the North.

My colleague has already remarked that this petition proceeds from

persons many of whom were open supporters of the alleged Compromises

of 1850, including even the odious Fugitive Slave Act. I have looked

over the long list, and, so far as I can judge, find this to be true.

And, in my opinion, the change shown by these men is typical of the

change in the community of which they constitute a prominent part. Once

the positive upholders of the Fugitive Slave Act, they now demand its

unconditional repeal.

There is another circumstance worthy of especial remark. This petition

proceeds mainly from persons connected with trade and commerce. Now

it is a fact too well known in the history of England, and of our

own country, that these persons, while often justly distinguished by

individual charities, have been lukewarm in opposition to Slavery.

Twice in English history did "the mercantile interest" frown upon

endeavors to suppress the atrocity of Algerine Slavery; steadfastly

in England it sought to baffle Wilberforce's great effort for the

abolition of the African slave-trade; and at the formation of our

own Constitution, it stipulated a sordid compromise, by which this

same detested, Heaven-defying traffic was saved for twenty years from

American judgment. But now it is all changed,--at least in Boston.

Representatives of "the mercantile interest" place themselves in the

front of the new movement against Slavery, and, by their explicit

memorial, call for the removal of a grievance which they have bitterly

felt in Boston.

Mr. President, this petition is interesting to me, first, as it asks

a repeal of the Fugitive Slave Act, and, secondly, as it comes from

Massachusetts. That repeal I shall be glad, at any time, now and

hereafter, as in times past, to sustain by vote and argument; and I

trust never to fail in any just regard for the sentiments or interests

of Massachusetts. With these few remarks I would gladly close. But

there has been an arraignment, here to-day, both of myself and of the

Commonwealth which I represent. To all that has been said of myself

or the Commonwealth, so far as it is impeachment of either, so far as

it subjects either to any real censure, I plead openly, for myself

and for Massachusetts, "Not guilty." But pardon me, if I do not submit

to be tried by the Senate, fresh from the injustice of the Nebraska

Bill. In the language of the Common Law, I put myself upon "God and the

country," and claim the same trial for my honored Commonwealth.

So far as the arraignment touches me personally, I hardly care to

speak. It is true that I have not hesitated, here and elsewhere, to

express my open, sincere, and unequivocal condemnation of the Fugitive

Slave Act. I have denounced it as at once a violation of the law of

God, and of the Constitution of the United States; and I now repeat

this denunciation.

Its violation of the Constitution is manifold; and here I repeat but

what I have often said. Too often it cannot be set forth, so long as

the infamous statute blackens the land.

It commits the great question of human freedom,--than which none

is more sacred in the law,--not to a solemn trial, but to summary

proceedings.

It commits this great question, not to one of the high tribunals of the

land, but to the unaided judgment of a single petty magistrate.

It commits this great question to a magistrate appointed, not by the

President with the consent of the Senate, but by the Court,--holding

his office, not during good behavior, but merely during the will of the

Court,--and receiving, not a regular salary, but fees according to each

individual case.

It authorizes judgment on _ex parte_ evidence, by affidavit, without

the sanction of cross-examination.

It denies the writ of _habeas corpus_, ever known as the palladium of

the citizen.

Contrary to the declared purposes of the framers of the Constitution,

it sends the fugitive back "at the public expense."[64]

[64] See Madison's Debates, August 28, 1787.

Adding meanness to the violation of the Constitution, it bribes the

Commissioner by a double fee to pronounce against Freedom. If he dooms

a man to Slavery, the reward is ten dollars; but saving him to Freedom,

his dole is five dollars.

This is enough, but not all. On two other capital grounds do I oppose

the Act as unconstitutional: first, as it is an assumption by Congress

of powers not delegated by the Constitution, and in derogation of the

rights of the States; and, secondly, as it takes away that essential

birthright of the citizen, trial by jury, in a question of personal

liberty and a suit at Common Law. Thus obnoxious, I have always

regarded it as an enactment totally devoid of all constitutional, as

it is clearly devoid of all moral obligation, while it is disgraceful

to the country and the age. And, Sir, I have hoped and labored for the

creation of such a Public Opinion, firm, enlightened, and generous,

as should render this Act practically inoperative, and should press,

without ceasing, upon Congress for its repeal. For all that I have thus

uttered I have no regret or apology, but rather joy and satisfaction.

Glad I am in having said it; glad I am now in the opportunity of

affirming it all anew. Thus much for myself.

In response for Massachusetts, there are other things. Something surely

must be pardoned to her history. In Massachusetts stands Boston. In

Boston stands Faneuil Hall, where, throughout the perils which preceded

the Revolution, our patriot fathers assembled to vow themselves to

Freedom. Here, in those days, spoke James Otis, full of the thought

that "the people's safety is the law of God."[65] Here, also, spoke

Joseph Warren, inspired by the sentiment that "death with all its

tortures is preferable to Slavery."[66] And here, also, thundered

John Adams, fervid with the conviction that "consenting to Slavery

is a sacrilegious breach of trust."[67] Not far from this venerable

hall--between this Temple of Freedom and the very court-house to which

the Senator [Mr. JONES] has referred--is the street where, in

1770, the first blood was spilt in conflict between British troops and

American citizens, and among the victims was one of that African race

which you so much despise. Almost within sight is Bunker Hill; further

off, Lexington and Concord. Amidst these scenes a Slave-Hunter from

Virginia appears, and the disgusting rites begin by which a fellow-man

is sacrificed. Sir, can you wonder that our people are moved?

"Who can be wise, amazed, temperate and furious,

Loyal and neutral, in a moment? _No man._"

[65] Rights of the British Colonies (Boston, 1764), p. 10.

[66] Letter to Edmund Dana, March 19, 1766: Loring's Hundred Boston

Orators, 2d ed., p. 51.

[67] Dissertation on the Canon and Feudal Law: Works, Vol. III. p.

463.

It is true that the Slave Act was with difficulty executed, and that

one of its servants perished in the madness. On these grounds the

Senator from Tennessee charges Boston with fanaticism. I express

no opinion on the conduct of individuals; but I do say, that the

fanaticism which the Senator condemns is not new in Boston. It is

the same which opposed the execution of the Stamp Act, and finally

secured its repeal. It is the same which opposed the Tea Tax. It is

the fanaticism which finally triumphed on Bunker Hill. The Senator

says that Boston is filled with traitors. That charge is not new.

Boston of old was the home of Hancock and Adams. Her traitors now are

those who are truly animated by the spirit of the American Revolution.

In condemning them, in condemning Massachusetts, in condemning these

remonstrants, you simply give proper conclusion to the utterance on

this floor, that the Declaration of Independence is "a self-evident

lie."

Here I might leave the imputations on Massachusetts. But the case is

stronger yet. I have referred to the Stamp Act. The parallel is of such

aptness and importance, that, though on a former occasion I presented

it to the Senate, I cannot forbear from pressing it again. As the

precise character of this Act may not be familiar, allow me to remind

the Senate that it was an attempt to draw money from the Colonies

through a stamp tax, while the determination of certain questions of

forfeiture under the statute was delegated, not to the Courts of Common

Law, but to Courts of Admiralty, without trial by jury. This Act was

denounced in the Colonies at its passage, as contrary to the British

Constitution, on two principal grounds, identical in character with

the two chief grounds on which the Slave Act is now declared to be

unconstitutional: first, as an assumption by Parliament of powers not

belonging to it, and an infraction of rights secured to the Colonies;

and, secondly, as a denial of trial by jury in certain cases of

property. On these grounds the Stamp Act was held to be an outrage.

The Colonies were aroused against it. Virginia first declared herself

by solemn resolutions, which the timid thought "treasonable,"--yes,

Sir, "treasonable,"[68]--just as that word is now applied to recent

manifestations of opinion in Boston,--even to the memorial of her

twenty-nine hundred merchants. But these "treasonable" resolutions

soon found response. New York followed. Massachusetts came next. In

an address from the Legislature to the Governor, the true ground of

opposition to the Stamp Act, coincident with the two radical objections

to the Slave Act, are clearly set forth, with the following pregnant

conclusion:--

"We deeply regret it that the Parliament has seen fit to pass such

an act as the Stamp Act; we flatter ourselves that the hardships of

it will shortly appear to them in such a point of light as shall

induce them, in their wisdom, to repeal it; _in the mean time we

must beg your Excellency to excuse us from doing anything to assist

in the execution of it_."[69]

[68] Hutchinson, History of Massachusetts, Vol. III. p. 119.

[69] Journal of the House of Representatives of Massachusetts Bay,

October 24, 1765, p. 135. Hutchinson, Vol. III., Appendix, p. 474.

The Stamp Act was welcomed in the Colonies by the Tories of that day,

precisely as the unconstitutional Slave Act has been welcomed by an

imperious class among us. Hutchinson, at that time Lieutenant-Governor

and Judge in Massachusetts, wrote to Ministers in England:--

"The Stamp Act is received among us with as much decency as could

be expected. It leaves no room for evasion, and will execute

itself."[70]

[70] Bancroft, History of the United States, Vol. V. p. 272.

Like Judges of our day, in charges to Grand Juries, he resolutely

vindicated the Act, and admonished "the jurors and people" to obey.[71]

Like Governors of our day, Bernard, in his speech to the Legislature

of Massachusetts, demanded unreasoning submission. "I shall not,"

says this British Governor, "enter into any disquisition of the policy

of the Act. I have only to say that it is an Act of the Parliament of

Great Britain."[72] The elaborate answer of Massachusetts--the work

of Samuel Adams, one of the pillars of our history--was pronounced

"the ravings of a parcel of wild enthusiasts,"[73] even as recent

proceedings in Boston, resulting in the memorial before you, have been

characterized on this floor. Am I not right in this parallel?

[71] Ibid.

[72] Journal of the House of Representatives, September 25, 1765,

p. 119. Hutchinson, Vol. III. p. 467.

[73] Bancroft, History of the United States, Vol. V. p. 349.

The country was aroused against the execution of the Act. And here

Boston took the lead. In formal instructions to her Representatives,

adopted unanimously in town meeting at Faneuil Hall, the following rule

of conduct was prescribed:--

"We therefore think it our indispensable duty, in justice to

ourselves and posterity, as it is our undoubted privilege, in the

most open and unreserved, but decent and respectful terms, to

declare our greatest dissatisfaction with this law: _and we think

it incumbent upon you by no means to join in any public measures

for countenancing and assisting in the execution of the same_,

but to use your best endeavors in the General Assembly to have

the inherent, unalienable rights of the people of this Province

asserted and vindicated, and left upon the public records, that

posterity may never have reason to charge the present times with

the guilt of tamely given them away."[74]

[74] Boston Gazette, September 23, 1765.

The opposition spread and deepened, with a natural tendency to outbreak

and violence. On one occasion in Boston, it showed itself in the

lawlessness of a mob most formidable in character, even as is now

charged. Liberty, in her struggles, is too often driven to force.

But the town, at a public meeting in Faneuil Hall, called without

delay, on the motion of the opponents of the Stamp Act, with James

Otis as Chairman, condemned the outrage. Eager in hostility to the

execution of the Act, Boston cherished municipal order, and constantly

discountenanced all tumult, violence, and illegal proceeding. On these

two grounds she then stood: and her position was widely recognized. In

reply, March 24, 1766, to an address from the inhabitants of Plymouth,

her own consciousness of duty done is thus expressed:--

"If the inhabitants of this metropolis have taken _the warrantable

and legal measures to prevent that misfortune, of all others

the most to be dreaded, the execution of the Stamp Act_, and,

as a necessary means of preventing it, have made any spirited

applications for opening the custom-houses and courts of

justice,--_if, at the same time, they have bore their testimony

against outrageous tumults and illegal proceedings_, and given

any example of the love of peace and good order, next to the

consciousness of having done their duty is the satisfaction of

meeting with the approbation of any of their fellow-countrymen."[75]

[75] Boston Gazette, March 31, 1766.

Thus was the Stamp Act annulled, even before its actual repeal, which

was pressed with assiduity by petition and remonstrance, at the

next meeting of Parliament. Among potent influences was the entire

concurrence of the merchants, and especially a remonstrance against

the Stamp Act by merchants of New York, like that now made against

the Slave Act by merchants of Boston. Some at first sought only its

mitigation. Even James Otis began with this moderate aim. The King

himself showed a disposition to yield to this extent. But Franklin,

who was then in England, when asked whether the Colonies would submit

to the Act, if mitigated in certain particulars, replied: "No, never,

unless compelled by force of arms."[76] Then it was that the great

Commoner, William Pitt, in an ever-memorable speech, uttered words

which fitly belong to this occasion. He said:--

"Sir, I have been charged with giving birth to sedition in America.

They have spoken their sentiments with freedom against this unhappy

Act, and that freedom has become their crime. Sorry I am to hear

the liberty of speech in this House imputed as a crime. But the

imputation shall not discourage me. It is a liberty I mean to

exercise. No gentleman ought to be afraid to exercise it. It is

a liberty by which the gentleman who calumniates it might have

profited. He ought to have profited. He ought to have desisted from

his project. The gentleman tells us America is obstinate, America

is almost in open rebellion. I rejoice that America has resisted.

Three millions of people, so dead to all the feelings of Liberty as

voluntarily to submit to be slaves, would have been fit instruments

to make slaves of the rest.... I would not debate a particular

point of law with the gentleman; but I draw my ideas of Freedom

from the vital powers of the British Constitution,--not from the

crude and fallacious notions too much relied upon, as if we were

but in the morning of Liberty. I can acknowledge no veneration

for any procedure, law, or ordinance, that is repugnant to reason

and the first elements of our Constitution.... The Americans have

been wronged. They have been driven to madness by injustice....

Upon the whole, I will beg leave to tell the House what is really

my opinion. _It is, that the Stamp Act be repealed, absolutely,

totally, and immediately,--that the reason for the repeal be

assigned, because it was founded on an erroneous principle._"[77]

[76] Hansard, Parliamentary History, XVI. 140.

[77] Hansard, Parliamentary History, XVI. 103-108. Bancroft,

History of the United States, V. 391-395.

Thus spoke this great orator, at the time tutelary guardian of American

Liberty. He was not unheeded. Within less than a year from its original

passage, the Stamp Act--assailed as unconstitutional on the precise

grounds which I now occupy in assailing the Slave Act--was driven from

the statute-book.

Sir, the Stamp Act was, at most, an infringement of _civil_ liberty

only, not of _personal_ liberty. How often must I say this? It touched

questions of property only, and not the personal liberty of any man.

Under it, no freeman could be seized as a slave. There was an unjust

tax of a few pence, with the chance of amercement by a single judge

without jury; but by this statute no person could be deprived of that

vital right of all which is to other rights as soul to body,--_the

right of a man to himself_. Who can fail to see the difference between

the two cases, and how far the tyranny of the Slave Act is beyond the

tyranny of the Stamp Act? The difference is immeasurable. And this will

yet be pronounced by history.

I call upon you, then, to receive the petition, and hearken to its

prayer. All other petitions asking for change in existing legislation

are treated with respect, promptly referred and acted upon. This

should not be an exception. The petition asks simply the repeal of an

obnoxious statute, which is entirely within the competency of Congress.

It proceeds from a large number of respectable citizens, whose

autograph signatures are attached. It is brief and respectful, and, in

its very brevity, shows that spirit of freedom which should awaken a

generous response. In refusing to receive it or refer it, according

to the usage of the Senate, or in treating it with any indignity, you

offer an affront not only to these numerous petitioners, but also to

the great Right of Petition, which is never more sacred than when

exercised in behalf of Freedom against an odious enactment. Permit me

to add, that by this course you provoke the very spirit which you would

repress. There is a plant which is said to grow when trodden upon. It

remains to be seen if the Boston petitioners have not something of this

quality. But this I know, Sir,--that the Slave Act, like Vice, is

"a monster of so frightful mien,

As, to be hated, needs but to be seen."

And the occurrences of this day will make it visible to the people in

new forms of injustice.

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