LEGISLATION FOR RENDITION OF FUGITIVE SLAVES.

From the clause in the Constitution, the Committee pass to a

consideration of the legislation founded upon it. Of course, if the

clause is misunderstood, no legislation can derive any validity from

it. _Nothing can come out of nothing_; and since there is nothing in

the Constitution positively requiring rendition of fugitive slaves by

the National Government, there can be no authority for any legislation

by Congress on the subject. Therefore the argument against the existing

statutes is complete. But, since it is proposed to reverse an early

policy of the Government, the Committee are unwilling to stop here.

These statutes must be considered in their history and character.

As early as 1793, while Congress was sitting in Philadelphia,

provisions for the surrender of fugitive slaves were fastened upon a

bill for the surrender of fugitives from justice, and the whole was

adopted, apparently with little consideration. Thus, accidentally,

Congress assumed the _odious_ power to organize slave-hunting. But the

Act was scarcely passed, before the conscience of people, not only at

the North, but even in Maryland, began to be aroused. Granville Sharp,

who in England so bravely maintained the national cause as well as the

cause of the slave, addressed a letter to the “Maryland Society for

Promoting the Abolition of Slavery and the Relief of Free Negroes and

others unlawfully held in Bondage,” where he set forth elaborately

those binding rules of interpretation, which, according to English

law, require a court to incline always in favor of Liberty. This

letter purports to have been published, as a pamphlet, by order of the

Society, and to have been printed at “Baltimore, in Calvert Street,

near the Court-House, by D. Graham, L. Yundt, and W. Patton,” in 1793.

In a brief preface, the Maryland Society thus reveals the trials

attending the new Fugitive Slave Act:--

“Still Slavery exists, and, _in the case of slaves escaping

from their masters_, the friends of Universal Liberty are

often embarrassed in their conduct by a conflict between their

principles and _the obligations imposed by unwise and perhaps

unconstitutional laws_.”

Such is a contemporary record of sensibilities in a Slave State; and

let it be mentioned to the honor of Maryland. But it is reasonable

to suppose that sensibilities in States further north were touched

still more. Mr. Quincy, whose living memory embraces this early

period, reports, that, when an enforcement of this Act was attempted

in Boston, the crowd thronging the room of the magistrate quietly and

spontaneously opened a lane for the fugitive, who was thus enabled to

save himself from Slavery, and also save the country from the dishonor

of such a sacrifice. Almost at the same time, in patriotic Vermont,

a judge of the Supreme Court of the State, on application for the

surrender of an alleged slave, accompanied by documentary evidence,

refused to comply, _unless the master could show a bill of sale

from the Almighty_. Such was the popular feeling which this earlier

legislation encountered.

There is authentic evidence that this popular feeling was recognized

by President Washington as a proper guide, where he was personally

interested. A slave of Mrs. Washington had escaped to New Hampshire.

The President, in an autograph letter, which has been produced in the

Senate,[346] addressed to Mr. Whipple, the collector at Portsmouth, and

dated at Philadelphia, November 28, 1796, after expressing the desire

of “her mistress” for the return of the slave, lays down the following

rule of conduct:--

“I do not mean, however, by this request, that _such violent

measures_ should be used as _would excite_ a mob or riot,

which might be the case, if she has adherents, _or even uneasy

sensations in the minds of well-disposed citizens_. Rather than

either of these should happen, I would forego her services

altogether,--and the example, also, which is of infinite more

importance.”

The fugitive never was returned, but survived to a good old age, down

to a recent period,--a living witness to that public opinion which made

even the mildest of Fugitive Slave Acts a dead letter.

At last, in 1850, after the subject of Slavery had been agitated in

Congress without interruption for nearly twenty years, a series of

propositions was adopted, and solemnly declared to be _compromises_, by

which all the questions concerning Slavery were permanently settled,

so as never again to vex the country,--as if any question could be

permanently settled except on principles of justice. But the “gruel”

was made, and among its ingredients “for a charm of powerful trouble”

was a new Fugitive Slave Act, first reported from the Committee on the

Judiciary by Mr. Butler, of South Carolina, but afterwards amended by a

substitute from Mr. Mason, of Virginia, so as to become substantially

his measure. It is needless to mention its details. Suffice it to

say, that in these, as in general conception, it was harsh, cruel,

and vindictive. Few statutes in history have been so utterly inhuman,

not excepting even those British statutes for the oppression of the

Irish Catholics, which are pictured by Edmund Burke in words strictly

applicable to the monstrosity of our country:--

“That truly barbarous system, where almost all the parts were

outrages on the rights of humanity and the laws of Nature,”--“a

machine of wise and elaborate contrivance, and as well fitted

for the oppression, impoverishment, and degradation of a

people, and the debasement in them of human nature itself, as

ever proceeded from the perverted ingenuity of man.”[347]

Such, unquestionably, was the Fugitive Slave Act of 1850, which is

still allowed to remain on the statute-book, a blot upon our country

and age.

Where a measure is so plainly repugnant to reason and authority, and on

its face has so little foundation in the Constitution, any elaborate

argument seems superfluous, especially at this moment, when Slavery

everywhere is yielding to Freedom. The general conscience condemns the

inhuman statute, and this is enough.

But it is important to show how the country has been deceived.

Therefore, briefly, the Committee call attention to the constitutional

objections.

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