CHAPTER IX

THE UNDERGROUND RAILWAY AND THE FUGITIVE SLAVE LAW

Pro-slavery and anti-slavery were at this time the names of two sets of

ideas and two states of mind that no longer admitted of compromise. The

words meant immeasurably more in 1850 than they had in 1830. If they had

ever been mere academic terms, they were fast becoming fighting

terms,—the standards of two hostile camps. In the minds of the people,

they stood, respectively, for irreconcilable principles. With every

fresh event affecting either one side or the other, new and more intense

animosities were engendered, and the two forces were driven farther and

farther apart. Those who believed in the institution, became more and

more firmly fixed in their determination not only to resist every attack

upon it, but to give it the widest possible extension. Those who stood

opposed to slavery were equally fixed in their determination that it

should be destroyed.

The anti-slavery movement was fast becoming something more than a

sentiment or an opinion with which one might try conclusions in the

forum. It was fast becoming a revolutionary movement which meant force,

more force, and, finally, the utmost force. All the time Frederick

Douglass, like William Lloyd Garrison, was in the forward ranks. The

tone of “no compromise” rang out with increasing insistence.

“Come what will,” said Douglass, “I hold it to be morally certain that

sooner or later, by fair means or foul means, in peace or in blood, in

judgment or in mercy, slavery is doomed to cease out of this otherwise

goodly land, and liberty is destined to become the settled law of the

republic.”

“I am in earnest,” said Garrison, “I will not equivocate, I will not

excuse, I will not retract a single inch, and I will be heard.”

These declarations by these two conspicuous Abolitionists are aptly

expressive of the growing intensity of the anti-slavery feeling. Such

words called more loudly for action than for argument. What was known in

the United States during the anti-slavery struggle as the “Underground

Railway,” best represents all that was aggressive and militant in that

contest. This so-called “railway system” was constituted and operated in

defiance of law by the Abolitionists. It was Abolition in action.

But if the Underground Railway was conducted in defiance of law, it

should be said that the law in its terms, spirit, and effects seemed to

them who were engaged in operating the road to be in defiance of those

principles of liberty and the rights of man, which they had been taught

to think were higher than any positive enactment of a legislature.

The Underground Railway had none of the features of the modern railway,

except the carrying of passengers, and these were limited in kind and in

the direction of the travel. No one could obtain passage on this road,

unless he or she were a slave, and wanted to be free. The trains ran in

but one direction, and that was Northward. There were no “Jim Crow”

cars, no sleepers and no smokers, and all passengers were carried free

of charge. It was a railroad without stockholders, but it had

innumerable directors. No dividends were paid except to passengers, and

such dividends were in the form of certificates of freedom from bondage.

To be more explicit, the Underground Railway was a system of clandestine

travel, extending from the borders of “Mason and Dixon’s Line” through

the North and West to Canada. The residence of Mr. Douglass was one of

the last stations on the line before reaching British soil. Much has

been written about this mysterious railway, but the details of its

activities have never been told. From September 26, 1850, to the

breaking out of the Civil War, the new and rigid Fugitive Slave Law was

in active operation, and it was in open violation of this measure that

the Underground Railway was conducted. A slave, and sometimes an entire

family or body of slaves, would make the dash for liberty, escaping

across the borders of Maryland into Pennsylvania. There they found

themselves in the hands of friendly Quakers, who piloted them by night

to other stations, where they were secreted until a favorable

opportunity presented itself to push them along farther north.

Mr. Douglass’s house in Rochester was a large three-story frame

structure, situated in the centre of four acres of land on South Avenue,

two miles from the business portion of the city. It stood out by itself,

the nearest residence being fully five hundred feet away to the north.

This was the objective point, before reaching Canada, for many slaves

fleeing from the South. The tales of privation and suffering told by

these men, women, and children who escaped half-clad, encountering in

the wintertime snow-drifts and zero weather, made a profound impression

on the people of the North through whose towns they passed and in whose

homes they constantly sought protection. Thus it was that many a

Northern farmer, convinced, it may be, of the right or expediency of

slavery, found himself compelled, from motives of common humanity, to

open his doors to these refugees, and grant their appeals for food and

shelter. Many a cold winter night has a knock come to Mr. Douglass’s

door, when a white-faced stranger, covered with frost and snow, would

announce in whispered tones that he had a sleigh full of runaway Negroes

_en route_ for Canada. Mr. Douglass, or Mrs. Douglass in her husband’s

absence, calling the boys, Lewis, Fred and Charles, would have fires

started in that part of the house where fugitives were hidden away, and

at an opportune time they were taken to Charlotte, seven miles from

Rochester, and placed aboard a Lake Ontario steamer for Canada. These

friendly white farmers had to hasten on for fear of detection, which

meant terrible penalties. Thus it will be seen that the risks which

their sympathy for the slave led them to take were very serious.

It required large sums of money to keep this Underground Railway system

in motion. The runaways must be fed, clothed, and their passage paid

across the lake to Canada. Mr. Douglass was in the lecture-field most of

the time to raise money to do his part. The Female Anti-Slavery Society,

with its branches throughout the North, solicited funds and clothing,

and, as these unfortunate fugitives were invariably destitute, means had

to be supplied them until they could secure employment under the British

flag.

Besides William Still of Philadelphia, among colored people, Mr.

Douglass had the active coöperation of Dr. James McCune Smith, of New

York; Stephen J. Myers, of Albany; William Rich, of Troy, and Rev. J. W.

Loguen, of Syracuse. Many others actively assisted in the work,

including Charles Lennox Remond, William Whipper, of Philadelphia;

Thomas L. Dorsey, Rev. Henry Highland Garnet, Anthony Barrier, of

Brockport, N. Y., and Thomas Downing, of New York. There were not a few

clashes with the law in efforts to capture and return escaping slaves,

but only two or three such attempts were successful.

Mr. Douglass’s home was always considered an asylum for runaways, and

was constantly under the surveillance of the United States marshals;

nevertheless, not a single fugitive, after reaching him, was ever

apprehended and carried back. The majority of the escapes were made in

winter, when the oversight on the plantation was less rigid than in the

working-season, and many who were given passes during the Christmas

holidays to visit neighboring towns or plantations, seized that

opportunity for a longer journey.

The western and southwestern branch of the Underground Railway was

operated from Cincinnati, O., and through Michigan to Canada. Fugitive

slaves from Kentucky, Tennessee, Mississippi, Arkansas, and Louisiana

took this latter route. The whole number of slaves who successfully made

their escape through the system has never been ascertained.

The thousands of men, women, and children, white and black, who had a

hand in conducting this Underground Railway were less concerned about

the statistics of their dangerous work than they were with results. That

the number of slaves set free by the operation of the system ran up into

the thousands, was evident from the vast army of people in all parts of

the North engaged in the work, and the constantly increasing colored

population in the free-states and Canada. There was scarcely a day or

night when some black man or woman did not defy the perils of the

journey and elude the vigilance of the law to find free soil. So

persistent were these enslaved people in running away from bondage that

they excited not merely the sympathy but often the admiration of those

not otherwise interested in their cause. The perils and adventures of

these sombre fugitives stirred the blood and touched the heart. William

Still’s volume of nearly eight hundred pages, contains a carefully kept

record of the experiences of those runaways who came under the immediate

observation and direction of the “Vigilance Committee” of the

Pennsylvania Anti-Slavery Society. Their resourcefulness, cleverness,

and daring revealed to the Northern people an unsuspected quality in the

Negro character.

The stories of these fugitives, told in their own simple-hearted way,

and attested by the hardships that they had undergone, were, to those

who heard them, a revelation of conditions in the South, of which they

had hitherto known only at secondhand. They might still doubt the

expediency of granting freedom to the slave but they could no longer

question the sincerity of his desire for liberty and with that desire

they were compelled to sympathize. As Douglass said: “Men were better

than their theology, and truer to humanity than their politics or their

offices.”

The manner of Douglass’s flight—riding out of Baltimore and Maryland in

daylight and in sight of those who knew that he was a slave—is a good

illustration of the boldness and ingenuity of some of the escapes. Among

the hundreds of interesting cases cited by Mr. Still is that of William

Crafts, who gained his liberty by acting the part of a valet or

body-servant of his wife. She was of light brown complexion, and for

this adventure wore men’s clothing. Another case is that of a

slave-woman who hitched up her master’s horse and carriage and, taking

her family of five children and several others, drove off to liberty.

Box Brown was the name of a slave, who permitted himself to be nailed up

in a box and sent by express to Baltimore. Two colored women dressed

themselves in deep mourning and rode Northward to freedom in the same

coach as their masters, who did not know them. In some cases slaves

secreted themselves for several months and, when search for them had

ceased, crept off unsuspected. In hundreds of instances, the parts were

as cleverly played as if the fugitives had had special training in the

drama of running away from their masters. In nearly all cases these

black men and women took desperate chances. The conductors of the

Underground Railway were everywhere, and at all times on the alert. They

knew every path, the byways and highways in which slaves might hide or

on which they might travel to reach freedom. The stations were always

ready and open to receive them. It was never too late, or too early, or

too difficult, or too perilous to be on the lookout to welcome, protect,

and pass on fugitives to the next place of safety. Clothing, food,

shoes, carriages, wagons, horses, and mules were always at hand. No

secret society has ever veiled its proceedings in deeper mystery than

this widely separated army of determined conspirators and emancipators.

The secret service men of the government tried to locate the stations

and the station-agents, but the more they searched, the less they found.

It is a curious fact that the United States secret service men seem to

have had just as little success in uncovering the systematic plans for

aiding slaves to escape to the Northern states as in preventing the

smuggling of slaves from Africa into the Southern states. The traffic of

the Underground Railroad continued to increase in volume and the slave

once off United States soil was beyond reach or recall.

Some of the men and women who were carrying on this clandestine work of

delivering fugitives were people of much prominence. Among them were

members of Congress, distinguished clergymen, editors, prominent

merchants, doctors, lawyers, farmers, and tradesmen. From the

slave-holders’ standpoint, the situation was not encouraging. They

rightly felt that unless something effective were done to stop this

increasing loss, slave-labor would cease to be profitable. This

condition of things required a remedy, a remedy more far-reaching than

any guaranteed the slave-holding system under the law then existing. To

meet these attempts of the Abolitionists to undermine the system, the

pro-slavery leaders deemed it just and necessary to extend the arm of

national power to reclaim and carry back to bondage every slave who

reached a free state in quest of liberty. The government that sanctioned

slavery as a national institution; that acquired new territory for the

extension of slavery; that derived a goodly part of its revenue from it,

was bound, they believed, to do what was necessary to make slavery more

secure. Until the Underground Railway began to do so large a business,

there was thought to be enough law in the Constitution of the United

States.[3]

Footnote 3:

As provided in Article IV, Section 2: “No person held to service in

one state, under the laws thereof, escaping to another state, in

consequence of any law or regulation therein, shall be discharged from

such service or labor, but shall be delivered up on the claim of the

party to whom such service or labor may be due,” supplemented by the

statute giving force to its provisions in 1793.

The constitutionality of this law had been fully upheld by the Supreme

Court in what was known as the “Prigg case,” wherein Justice Story

declared that it was self-executing, so that an owner could seize and

carry away his runaway slave wherever he found him, providing he could

do so without breach of the public peace. Those who desired and demanded

more legal provisions for the better protection of slavery were in

absolute power North and South. Daniel Webster of Massachusetts was as

much in favor of it as Henry Clay of Kentucky and Calhoun of South

Carolina; and in response to popular demand, the new Fugitive Slave Law

was passed on September 10, 1850, as a part of the great Compromise

Measures of that year.

The instrument was most carefully drawn, and covered ten sections. Those

who worked out its carefully-worded provisions had evidently studied the

Underground System with considerable care, and this law was framed to

meet the conditions that the railroad had created. Some of its main

features were as follows:—

A United States Commission and a United States court should have

concurrent jurisdiction in disposing of cases of fugitive slaves

brought before them.

Any postmaster or clerk could be appointed a commissioner to hear

cases under the law.

A United States marshal was under penalty of $1,000 for refusing or

neglecting to make an arrest when called upon to do so.

Fugitive slaves could be arrested, with or without warrant and taken

before a commissioner or judge, who was empowered to dispose of the

case forthwith.

If a fugitive escaped from a United States marshal, the latter could

be sued on his bond and the full value of the slave recovered.

There was a penalty of five years in prison or a fine of $5,000 for

aiding or abetting a slave’s escape.

The only proof needed was an affidavit by the alleged owner or some

one acting in his behalf alleging right of property, escape or service

due on escape, and a description of the person arrested, certified to

by the magistrate.

There were provisions for military aid for the United States marshal

in case of resistance.

The commissioner received a larger fee in case of extradition than he

would obtain in case of discharge.

The slave thus arrested could not testify in his own behalf and was

not allowed a jury trial.

The first effect of the law was to create a panic and stampede among the

colored people of the free-states. It looked for awhile as if every

Negro resident north of the Ohio had lost faith in the tenure of his own

title to himself. There was wholesale emigration to Canada of colored

people from every part of the United States. In his Life of Frederick

Douglass, Mr. Holland gives an account of forty Negroes of Boston, who

left home within three days after the Fugitive Slave Law was passed. The

pastor of a colored church and his entire membership of 112 persons fled

to British soil. A number of talented men who had done service in the

anti-slavery cause, went to England. Mr. Douglass, who was in close

touch with every movement, every fear, and every secret purpose of his

people, says:

“I was compelled to witness the terribly distressing effects of this

cruel enactment; fugitive slaves, who had lived for many years safely

and securely in western New York and elsewhere, some of whom by industry

and economy had saved some money and bought little homes for themselves

and their children, were suddenly alarmed and compelled to flee to

Canada. Even colored people who had been free all their lives felt very

insecure in their freedom, for under this law the oaths of any two

villains were sufficient to confine a free man to slavery for life....

Although I was now free myself, I was not without apprehension. My

pardon was of doubtful validity, having been bought when out of

possession of my owner, and when he must take what was given or not at

all.... From rumors that reached me, my house was guarded by my friends

several nights.”

A much more serious consequence of the Fugitive Slave Law was the

altogether unexpected feeling of resentment aroused in the North by its

enforcement. There was abundant willingness among the Northern people

that the slave-holders should have their slaves and that they should

have everything needed to protect and make secure their property rights

in them; but when it came to pressing unwilling citizens into the

service of men who were hunting slaves, there was a very natural

revulsion of sentiment. Just how intense was this feeling may best be

illustrated in the history of three different cases that created

wide-spread interest at the time. These were known respectively as the

Burns, Shadrach, and Thomas Sims cases.

Anthony Burns had made his escape from his master in Virginia and in

1854 was living in Boston. In the month of May he was arrested under the

provisions of the Fugitive Slave Law. At this particular time, Boston

was aroused because of the passage of the Kansas-Nebraska Bill,

repealing the Missouri Compromise, and thereby permitting the extension

of slavery in the western territories. Burns was confined in the Boston

court-house under strong guard. The people were in a mood to become

profoundly interested in his case, which presented itself to them as an

illustration of the cruelties of slavery and of the Fugitive Slave Law.

Wendell Phillips, Theodore Parker, Richard A. Davis, Charles M. Ellis,

Thomas Wentworth Higginson, and many others equally prominent, gave

practical effect to this interest by securing a postponement of the

hearing for a few days. In the meantime, a meeting was called in Faneuil

Hall in which feeling ran high. While it was in progress, Colonel

Higginson led in an attempt to rescue Burns. The door of the jail was

battered in, the deputy was killed, and the Colonel and others were

wounded. When the case came up for a hearing before Commissioner Loring,

Burns had the best counsel that Boston could afford, but like all cases

under the Fugitive Slave Law, there was no escape. After the formalities

were complied with, he was ordered back to his master. When this

decision became known, many houses were draped in black and so intense

was the public feeling against it, that the government directed that

Burns should be returned in a United States revenue cutter. He was

escorted to the wharf by a strong guard and the streets were thronged

with Boston citizens in a great state of excitement. There seemed to be

no possible escape from a bloody riot. When the water-side was reached

and an outbreak was imminent, a minister named Foster cried out, “Let us

pray,” and with this call for prayer silence fell upon the excited

throng; but the law had its way and Burns was sent back.

The case of Shadrach was less exciting, but is interesting as presenting

another and different view of the sentiment excited by the Fugitive

Slave Law. He was a fugitive and a resident of Boston. He had been

arrested in February, 1851, and during a postponement of his hearing

before the United States Commissioner, the Boston Abolitionists rescued

him and got him into Canada, the land of safety. The government

officials in Washington took serious notice of this rescue of a United

States prisoner and the uproar that followed seemed altogether out of

proportion to the incident. Commenting on the excitement at the capital

at this apparent determination of Boston to defy the national

government, Mr. Garrison wrote:

“The head and front of the offending in this instance—what is it? A

sudden rush of a score or two of unarmed friends of equal liberty—an

uninjurious deliverance of the oppressed out of the hands of the

oppressor—the quiet transportation of a slave out of this slavery-ruled

land to the free soil of Upper Canada ... a solitary slave in Boston is

plucked as a brand from the burning, and forthwith a Cabinet Council is

held and behold a menacing proclamation!”

Senator Henry Clay was “horrified” and proposed an inquiry as to the

expediency of passing an additional law making it a penal offense in the

nature of treason for any one to interfere with the smooth and peaceful

exercise of his pet measure in the Compromise Bill. Mr. Webster declared

that the rescue of Shadrach was “strictly speaking” treason.

Scarcely had the United States grand jury finished its examination of

the Shadrach case when Boston was again in the midst of an excitement

over the arrest and extradition of another fugitive slave, Thomas Sims.

Profiting by the failure to send Shadrach back to his master, the

officials had taken extraordinary precautions to prevent a rescue by mob

or otherwise. The court-house where Sims was imprisoned was surrounded

by chains and guarded by a large part of the city police force. As a

further precaution, the state militia was called out and kept in

readiness to quell a possible riot. A part of this soldiery furnished an

escort all the way to Savannah, where the prisoner-slave was delivered

safely.

The bloody resistance on the part of runaways at Christiana, Pa., did

more than anything else, in the opinion of Mr. Douglass, to put a check

on the execution of the law. At this place three colored men were

pursued by officers, and, when hard-pressed, turned about, shot, and

killed a Mr. Gorsuch, wounded his son, drove back the officers, and then

made their escape to Rochester, where they were rescued and given

shelter in Mr. Douglass’s house. The latter, with his assistants,

finally smuggled these fugitives to the Canadian shores, but in doing so

he imperiled his own safety to a greater extent than ever before,

because he was not only harboring fugitives from slavery, but fugitives

from justice. After this experience, the law became a dead letter. It

not only intended to put an end to the business of the Underground

Railroad, but to make every community in some degree responsible for the

return of runaway slaves, and it proved to be one of the most unpopular

and irritating pieces of legislation enacted by the Federal Government.

This act, more than any other one thing, increased opposition to

slavery. Thousands of people who were either indifferent or hostile to

the anti-slavery cause, flocked to the ranks of the Abolitionists when

they saw what it meant and whither it was leading the nation. The

language used by the leaders, both in their publications and on the

stump, became more bitter and defiant.

Mr. Douglass was always in the storm-centre of every movement to thwart

the execution of this measure. He was in Boston, and in continuous

conference with Theodore Parker, Higginson, Garrison, and others

belonging to the “vigilance” committees. It was in these meetings that

Douglass says he “got a peep into Parker’s soul.” He characterized him

as “a man who shrank from no opportunity to do his full duty when man’s

liberty was threatened.” Mr. Douglass’s thorough and comprehensive

understanding of each succeeding change in the development of the

slavery question was generally recognized by friend and foe. When he was

invited by the members of the New York state legislature to address them

on the subject, he was selected because no man then living could speak

with a fuller knowledge of the great issue.

Belonging to this period of increasing antagonism between pro-slavery

and anti-slavery parties was the decision in the Dred Scott case. This,

the Fugitive Slave Law, and the Kansas-Nebraska Bill, taken together,

represent the sum of the conservative forces in the nation opposed to

the Abolitionists and their cause. Douglass’s opinion of the situation,

as it concerned himself and his people, is voiced in the following

extract from an address delivered at New York in May, 1857:

“I am myself not insensible to the many difficulties that beset us on

every hand. They fling their broad and gloomy shadows across the pathway

of every thoughtful colored man in this country. For one, I see them

clearly and feel them sadly. Standing, as it were, barefoot, and

treading upon the sharp and flinty rocks of the present, and looking out

upon the boundless sea of the future, I have sought in my humble way to

penetrate the intervening mists and clouds, and, perchance, to descry in

the dim and shadowy distance the white flag of freedom.”

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