The Hon. Robert Rantoul, Hon. Horace Mann, Hon. Charles Sumner, and

other able men, have argued against the Constitutionality of the

Fugitive Slave Bill, proving it to be not only contrary to the

_spirit_ and _meaning_ of the Constitution, but also to be

unauthorized by the _letter_ of that document. That this nefarious

Bill is contrary to the _spirit_ and _intention_ of the Constitution

is shown by the published opinions of those who framed it; by the

debates at the time of its adoption; and by its Preamble, which sets

forth that it was ordained to "establish _justice_, ensure domestic

_tranquillity_, promote the _general welfare_, and secure the

blessings of _liberty_." The arguments adduced to prove that this

bill is unauthorized by the _letter_ of the Constitution, I will

endeavor to compress into a few words.

Article 10 of the Amendments to the Constitution expressly provides

that

"_Powers not delegated to the United States by the

Constitution_, nor prohibited by it to the States, _are

reserved to the States respectively, or to the people_."

Article 4 of the Constitution contains four compacts. The first is:

"Full faith and credit shall be given in each of the States

to the public acts, records, and judicial proceedings of

every other State. And the _Congress may, by general laws,

prescribe the manner in which such acts, records and

proceedings shall be proved, and the effect thereof_."

Here, _power is expressly delegated by the Constitution to the

United States_.

The second compact is:

"The citizens of each State shall be entitled to all

privileges and immunities of citizens in the several States."

Under this provision, an attempt was made to obtain some action of

Congress for the protection of colored seamen in slaveholding ports;

but it was decided that Congress had no power to act on the subject,

because _the Constitution had not delegated any power to the United

States_ in the clause referred to. Slaveholders are very strict in

adherence to the Constitution, whenever any question of _protection_

to colored people is involved in their decisions; but for purposes

of _oppression_, they have no scruples. They reverse the principle

of Common Law, that "in any question under the Constitution, _every

word is to be construed in favor of liberty_."

The third compact is:

"A person charged in any State with treason, felony, or other

crime, who shall flee from justice, or be found in another

State, shall, on demand of the Executive authority of the

State from which he fled, be delivered up, to be removed to

the State having jurisdiction of the crime."

It has never been pretended that Congress has any power to act in

such cases. There is no clause _delegating any power to the United

States_; consequently, all proceedings on the subject have been left

to the several States.

The fourth compact is:

"No person held to service or labor in one State, under the

laws thereof, escaping into another, shall, in consequence of

any law or regulation therein, be discharged from such

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

party to whom such service or labor may be due."

If the framers of the Constitution had meant that Congress should

have power to pass a law for delivering up fugitives "held to

service or labor," they would have inserted a clause _delegating

such power_, as they did in the compact concerning "public acts and

records." The Constitution does _not_ delegate any such power to the

United States. Consequently, Congress had no constitutional right to

pass the Fugitive Slave Bill, and the States are under no

constitutional obligation to obey it.

The Hon. Horace Mann, one of Massachusetts' most honored sons, in

his able speech on this subject in Congress, 1851, said:--"In view

of the great principles of civil liberty, out of which the

Constitution grew, and which it was designed to secure, my own

opinion is that this law cannot be fairly and legitimately supported

on constitutional grounds. Having formed this opinion with careful

deliberation, I am bound to speak from it and to act from it. I have

read every argument and every article in defence of the law, from

whatever source emanating. Nay, I have been more anxious to read the

arguments made in its favor, than the arguments against it; and I

think I have seen a sound legal answer to all the former." * * *

"It is a law that might be held constitutional by a bench of

slaveholders, whose _pecuniary interests_ connect them directly with

slavery; or by those who have surrendered themselves to a

pro-slavery policy from _political hopes_. But if we gather the

opinions of unbiassed and disinterested men, of those who have no

_money_ to make, and no _office_ to hope for, through the triumph of

this law, then I think the preponderance of opinion is decidedly

against its constitutionality. It is a fact universally known, that

gentlemen who have occupied and adorned the highest judicial

stations in their respective States, together with many of the

ablest lawyers in the whole country, have expressed opinions against

the constitutionality of this law." * * * "When I am called upon to

support such a law as this, while it lasts, or to desist from

opposing it in all constitutional ways, my response is, Repeal the

law! that I may no longer be called upon to support it. I demand it,

because it is a law which conflicts with the Constitution of the

country, and with all the judicial interpretations of that

Constitution, wherever they have been applied to the white race.

Because it is a law abhorrent to the moral and religious sentiments

of a vast majority of the community called upon to enforce it.

Because it is a law which, if executed in the Free States, divests

them of the character of Free States, and makes them voluntary

participators in the guilt of slaveholding. Because it is a law

Which disgraces our country in the eyes of the whole civilized

world, and gives plausible occasion to the votaries of despotic

power to decry republican institutions. Because it is a law which

forbids us to do unto others as we would have them do unto us, and

which makes it a crime to feed the hungry, to clothe the naked, and

to visit and succor the sick and imprisoned. Because it is a law

which renders the precepts of the Gospel and the teachings of Jesus

Christ seditious; and were the Savior and his band of disciples now

on earth, there is but one of them who would escape its penalties by

pretending to 'conquer his prejudices.'" * * * "Suppose the whole

body of the white population should be as much endangered by this

law, as the colored people now are, would the existence of the law

be tolerated for an hour? Would there not be a simultaneous and

universal uprising of the people against it, and such a yell of

execration as never before burst from mortal lips?"

The Hon. Charles Sumner, always true to the right, as the needle

to the pole, in his learned and able speech in Congress, 1852,

said:--"The true principles of our political system, the history

of the National Convention, the natural interpretation of the

Constitution, all teach that this Act is a usurpation by Congress of

powers that do not belong to it, and an infraction of rights secured

to the States. It is a sword, whose handle is at the National

Capital, and whose point is every where in the States. A weapon so

terrible to personal liberty the nation has no power to grasp."

* * * "In the name of the Constitution, which it violates; of my

country, which it dishonors; of humanity, which it degrades; of

Christianity, which it offends, I arraign this enactment, and now

hold it up to the judgment of the Senate and the world." * * * *

"The Slave Act violates the Constitution, and shocks the public

conscience. With modesty, and yet with firmness, let me add, it

offends against the Divine Law. No such enactment can be entitled to

support. As the throne of God is above every earthly throne, so are

his laws and statutes above all the laws and statutes of man. To

question these, is to question God himself. But to assume that human

laws are above question, is to claim for their fallible authors

infallibility. To assume that they are always in conformity with

those of God, is presumptuously and impiously to exalt man to an

equality with God. Clearly, human laws are _not_ always in such

conformity; nor can they ever be beyond question from each

individual. Where the conflict is open, as if Congress should demand

the perpetration of murder, the office of conscience, as final

arbiter, is undisputed. But in every conflict, the same queenly

office is hers. By no earthly power can she be dethroned. Each

person, after anxious examination, without haste, without passion,

solemnly for himself must decide this great controversy. Any other

rule attributes infallibility to human laws, places them beyond

question, and degrades all men to an unthinking, passive obedience.

The mandates of an earthly power are to be discussed; those of

Heaven must at once be performed; nor can any agreement constrain us

against God. Such is the rule of morals. And now the rule is

commended to us. The good citizen, as he thinks of the shivering

fugitive, guilty of no crime, pursued, hunted down like a beast,

while praying for Christian help and deliverance, and as he reads

the requirements of this Act, is filled with horror. Here is a

despotic mandate, 'to aid and assist in the prompt and efficient

execution of this law.' Let me speak frankly. Not rashly would I set

myself against any provision of law. This grave responsibility I

would not lightly assume. But here the path of duty is clear. By the

Supreme Law, which commands me to do no injustice; by the

comprehensive Christian Law of Brotherhood; by the Constitution,

which I have sworn to support, I am bound to disobey this Act.

Never, in any capacity, can I render voluntary aid in its execution.

Pains and penalties I will endure; but this great wrong I will not

do." * * * "For the sake of peace and tranquillity, cease to shock

the public conscience! For the sake of the Constitution, cease to

exercise a power which is nowhere granted, and which violates

inviolable rights expressly secured. Repeal this enactment! Let its

terrors no longer rage through the land. Mindful of the lowly, whom

it pursues; mindful of the good men perplexed by its requirements;

in the name of charity, in the name of the Constitution, repeal this

enactment, totally, and without delay! Be admonished by these words

of Oriental piety: 'Beware of the groans of the wounded souls.

Oppress not to the utmost a single heart; for a solitary sigh has

power to overset a whole world.'"

Robert Rantoul, Jr., whose large heart was so true to Democratic

_principles_, that the _party_ wanted to expel him from their ranks,

(as parties are prone to do with honest men,) opposed the Fugitive

Slave Bill with all the power of his strong intellect. In a speech

delivered in 1851, he said: "I am as devotedly attached as any other

man to the Union of these States, and the Constitution of our

government; but I admire and love them for that which they secure to

us. The Constitution is good, and great, and valuable, and to be

held for ever sacred, because it secures to us what was the _object_

of the Constitution. I love the Union and the Constitution, not for

_themselves_, but for the great _end_ for which they were

created--to secure and perpetuate _liberty_; not the liberty of a

_class_, superimposed upon the thraldom of groaning multitudes: not

the liberty of a _ruling race_, cemented by the tears and blood of

subject races, but _human_ liberty, _perfect_ liberty, common to the

whole people of the United States and to their posterity. It is

because I believe all this, that I love the Union and the

Constitution. If it were not for that, the Union would be valueless,

and the Constitution not worth the parchment on which it is written.

God-given Liberty is above the Union, and above the Constitution,

and above all the works of man."

* * * * *

TESTIMONIES AGAINST THE FUGITIVE SLAVE ACT.

The Hon. Josiah Quincy, senior, whose integrity, noble intellect,

and long experience in public life, give great weight to his

opinions, made a speech at a Whig Convention in Boston, 1854, from

which I extract the following:--"The circumstances in which the

people of Massachusetts are placed are undeniably insupportable.

What has been seen, what has been felt, by every man, woman and

child in this metropolis, and in this community? and virtually by

every man, woman and child in Massachusetts? We have seen our Court

House in chains, two battalions of dragoons, eight regiments of

artillery, twelve companies of infantry, the whole constabulary

force of the city police, the entire disposable marine of the United

States, with its artillery loaded for action, all marching in

support of a Praetorian Band, consisting of one hundred and twenty

friends and associates of the U.S. Marshal, with loaded pistols and

drawn swords, and in military costume and array; and for what

purpose? _To escort and conduct a poor trembling slave from a Boston

Court House to the fetters and lash of his master!_

"This scene, thus awful, thus detestable, every inhabitant of this

metropolis, nay, every inhabitant of this Commonwealth, may be

compelled again to witness, at any time, and every day in the year,

at the will or the whim of the meanest and basest slaveholder of the

South. Is there a man in Massachusetts with a spirit so low, so

debased, so corrupted by his fears, or his fortune, that he is

prepared to say this is a condition of things to be endured in

perpetuity by us? and that this is an inheritance to be transmitted

by us to our children, for all generations? For so long as the

fugitive-slave clause remains in the Constitution, unobliterated, it

is an obligation perpetual upon them, as well as upon us.

"The obligation incumbent upon the Free States _must be obliterated

from the Constitution, at every hazard_. I believe that, in the

nature of things, by the law of God, and the laws of man, _that

clause is at this moment abrogated, so far as respects common

obligation_. In 1789, the Free States agreed to be field-drivers and

pound-keepers for the Slaveholding States, within the limits, and

according to the fences, of the old United States. But between that

year and this A.D. 1854, the slaveholders have broken down the old

boundaries, and opened new fields, of an unknown and indefinite

extent.[1] They have multiplied their slaves by millions, and are

every day increasing their numbers, and extending their field into

the wilderness. Under these circumstances, are we bound to be their

field-drivers and pound-keepers any longer? Answer me, people of

Massachusetts! Are you the sons of the men of 1776? Or do you 'lack

gall, to make oppression bitter?'

[Footnote 1: The Hon. Josiah Quincy, while in Congress, always

opposed the annexation of foreign territory to the United States, on

the ground of its unconstitutionality.]

"I have pointed out your burden. I have shown you that it is

insupportable. I shall be asked how we are to get rid of it. It is

not for a private individual to point the path which a State is to

pursue, to cast off an insupportable burden; it belongs to the

constituted authorities of that State. But this I will say, that if

the people of Massachusetts solemnly adopt, as one man, in the

spirit of their fathers, the resolve that they will no longer submit

to this burden, and will call upon the Free States to concur in this

resolution, and carry it into effect, the burden will be cast off;

the fugitive-slave clause will be obliterated, not only without the

dissolution of the Union, but with a newly-acquired strength to the

Union.".

In the spring of 1860, there was a debate on this subject in the

Legislature of New York. In the course of it, Mr. Smith, of

Chatauqua, said:--"How _came_ slavery in this country? It came here

without law; in violation of all law. It came here by force and

violence; by the force of might over right; and it remains here

to-day by no better title. And now we are called upon, by the ruling

power at Washington, not merely to tolerate it, but to legalize it

all over the United States! By the Fugitive Slave Bill, we are

forbidden to shelter or assist the forlornest stranger who ever

appealed for sympathy or aid. We are required by absolute law to

shut out every feeling of compassion for suffering humanity. Fines

and imprisonment impend over us, for exercising one of the holiest

charities of our religion. Virtue and humanity are legislated into

crime. Let us meet the issue like men! Let us assert our utter

abhorrence of all human laws, that compel us to violate the common

law of humanity and justice; and by so acting assert the broad

principles of the Declaration of American Independence, and the

letter and spirit of the Constitution. If the North was as devoted

to the cause of Freedom as the South is to Slavery, our national

troubles would vanish like darkness before the sun. Our country

would then become what it _should_ be,--free, happy, prosperous, and

respected by all the world. Then we could say, truthfully, that she

is the home of the free, the land of the brave, the asylum of the

oppressed."

In the same debate, Mr. Maxson, of Allegheny, said:--"All laws,

whether Constitutions or statutes, that invade human rights, are

null. A community has no more power to strike down the rights of man

by Constitutions, than by any other means. Do those who give us

awfully solemn lessons about the inviolability of compacts, mean

that one man is bound to rob another because he has _agreed_ to? In

this age of schools, of churches and of Bibles, do they mean to

teach us that an agreement to rob men of their rights, in whatever

solemn form that agreement may be written out, is binding? Has the

morality of the nineteenth century culminated in _this_, that a mere

compact can convert vice into virtue? These advocates of the

rightfulness of robbery, because it has been _agreed_, to, and that

agreement has been _written down_, have come too late upon the

stage, by more than two hundred years. Where does the proud Empire

State wish to be recorded in that great history, which is being so

rapidly filled out with the records of this "irrepressible

conflict"? For myself, a humble citizen of the State, I ask no

prouder record for her than that, in the year 1860, she enacted that

_the moment a man sets foot on her soil, he is free, against the

world_!"

Wendell Phillips, one of earth's bravest and best, made a speech at

Worcester, 1851, from which I make the following extract:--"Mr.

Mann, Mr. Giddings, and other leaders of the Free Soil party, are

ready to go to the death against the Fugitive Slave Law. It never

should be enforced, they say. It robs men of the jury trial, it robs

them of _habeas corpus_, and forty other things. This is a very good

position. But how much comfort would it have been to Ellen Crafts,

if she had been sent back to Macon, to know that it had been done

with a scrupulous observance of all the forms of _habeas corpus_ and

jury trial? When she got back, some excellent friend might have said

to her, 'My dear Ellen, you had the blessed privilege of _habeas

corpus_ and jury trial. What are you grieving about? You were sent

back according to law and the Constitution. What could you want

more?' From the statements of our Free Soil friends, you would

suppose that the _habeas corpus_ was the great safeguard of a

slave's freedom; that it covered him as with an angel's wing. But

suppose _habeas corpus_ and jury trial granted, what then? Is any

man to be even _so_ surrendered, with our consent? No slave shall be

sent back--except by _habeas corpus_. Stop half short of that! No

slave shall be sent back!"

Rev. A.D. Mayo, of Albany, is one of those clergymen who believe

that a religious teacher has something to do with questions

affecting public morality; and his preaching is eloquent, because he

is fearlessly obedient to his own convictions. In a Sermon on the

Fugitive Slave Bill, he said:--"Remember that despotism has no

natural rights on earth that any man is bound to respect. I know

there is no political party, no Christian sect, no Northern State,

as a whole, yet fully up to this. But the Christian sentiment of the

country will finally bring us all to the same conclusion."

NO SLAVE HUNT IN OUR BORDERS!

What asks the Old Dominion? If now her sons have proved

False to their fathers' memory, false to the faith they loved;

If _she_ can scoff at Freedom, and its Great Charter spurn,

Must _we_ of Massachusetts from truth and duty turn?

_We_ hunt your bondmen, flying from Slavery's hateful hell?

_Our_ voices, at your bidding, take up the blood-hound's yell?

_We_ gather, at your summons, above our fathers' graves,

From Freedom's holy altar-horns to tear your wretched slaves?

Thank God! not yet so vilely can Massachusetts bow,

The spirit of her early time is with her even now.

Dream not, because her Pilgrim blood moves slow, and calm, and cool,

She thus can stoop her chainless neck, a sister's slave and tool!

For ourselves and for our children, the vow which we have given

For Freedom and Humanity, is registered in Heaven.

No slave-hunt in _our_ borders! No pirate on _our_ strand!

No fetters in the Bay State! No slave upon _our_ land!

J.G. WHITTIER.

THE HIGHER LAW.

Man was not made for forms, but forms for man;

And there are times when Law itself must bend

To that clear spirit, that hath still outran

The speed of human justice. In the end,

Potentates, not Humanity, must fall.

Water will find its level; fire will burn;

The winds must blow around this earthly ball;

This earthly ball by day and night must turn.

Freedom is typed in every element.

Man _must_ be free! If not _through_ law, why then

_Above_ the law! until its force be spent,

And justice brings a better. When, O, when,

Father of Light! shall the great reckoning come,

To lift the weak, and strike the oppressor dumb?

C.P. CRANCH.

ON THE SURRENDER OF A FUGITIVE SLAVE.

Look on who will in apathy, and stifle, they who _can_,

The sympathies, the hopes, the words, that make man truly man;

Let those whose hearts are dungeoned up, with interest or with ease,

Consent to hear, with quiet pulse, of loathsome deeds like these.

I first drew in New England's air, and from her hardy breast

Sucked in the tyrant-hating milk, that will not let me rest;

And if my words seem treason to the dullard and the tame,

'Tis but my Bay State dialect--our fathers spake the same.

Shame on the costly mockery of piling stone on stone

To those who won _our_ liberty! the heroes dead and gone!

While we look coldly on and see law-shielded ruffians slay

The men who fain would win their _own_! the heroes of _to-day_!

Are we pledged to craven silence? O, fling it to the wind,

The parchment wall that bars us from the least of human kind!

That makes us cringe, and temporize, and dumbly stand at rest,

While Pity's burning flood of words is red-hot in the breast!

We owe allegiance to the State; but deeper, truer, more,

To the sympathies that God hath set within our spirit's core.

Our country claims our fealty; we grant it so; but then

Before Man made us _citizens_, great Nature made us _men_!

Though we break our fathers' promise, we have nobler duties first,

The traitor to _Humanity_ is the traitor most accurst.

_Man_ is more than _Constitutions_. Better rot beneath the sod,

Than be true to _Church_ and _State_, while we are doubly false to God!

JAMES RUSSELL LOWELL.

STANZAS FOR THE TIMES.

Shall tongues be mute, when deeds are wrought

Which well might shame extremest hell?

Shall freemen lock the indignant thought?

Shall Pity's bosom cease to swell?

Shall Honor bleed? Shall Truth succumb?

Shall pen, and press, and soul be dumb?

What! shall we guard our neighbor still.

While woman shrieks beneath his rod,

And while he tramples down, at will,

The image of a common God?

Shall watch and ward be round him set

Of Northern nerve and bayonet?

And shall we know, and share with him,

The danger and the growing shame?

And see our Freedom's light grow dim,

Which should have filled the world with flame?

And, writhing, feel, where'er we turn,

A world's reproach around us burn?

No! By each spot of haunted ground,

Where Freedom weeps her children's fall;

By Plymouth's rock, and Bunker's mound;

By Griswold's stained and shattered wall;

By Warren's ghost; by Langdon's shade;

By all the memories of our dead;

By their enlarging souls, which burst

The bands and fetters round them set;

By the free Pilgrim spirit, nursed

Within our bosoms yet;

By all above, around, below,

Be ours the indignant answer--NO!

The Duty of Disobedience to the Fugitive Slave Act An Appeal To The Legislators Of Massachusetts, Anti-Slavery Tracts No. 9 · 第 2 / 3 段