LETTER VIII.Fugitive Slave Law.—Reasons for its Enactment.—Union.—Patriots.—Restoration of Property.—Promptness.—Ten and Five Dollars.—Posse Comitatus.—True Position of the North.—Aiding and abetting Escape.—The whole Nation enlisted.—Constitutional. MADAM:— Whatever severe remarks I have made on the course taken by Senator Bird and Mrs. Shelby, I wish to be distinctly understood as applying to that old clown, John Van Trompe, to whom Mr. Bird carried Eliza, also to those old fanatical Quakers, who interested themselves so much for the escape of George and Eliza, together with their young one. While you, in your scandalous book, are careful to degrade such good citizens as Mr. Haley, Messrs. Loker and Marks,—men who, in their respective callings, were entirely within the sanction and laws of the United States,—be it my province, madam, to degrade, rather, those lawless, fraudulent, and wicked persons who aided and abetted the escape of the fugitive property. It was to restrain this mischievous and despicable class that the fugitive slave law of 1850 was passed—a law every way excellent in its character and purposes. Allow me to set forth to you some of the excellences of this wonderful statute; and especially as you, in connection with many others like you, are obviously hostile to an enactment so necessary, so benevolent, and so righteous. In the first place, this law was demanded for the
sake of preserving the union of these states. The south threatened that, if something of the kind was not granted to the interests of that section of the country, it would withdraw, in a body, from any further political connection with the north; and this awful threat would, doubtless, have been immediately executed, and thus the north would have been ruined. Being unprotected and unassisted by our southern brethren, European nations, England especially, would, under one pretense or another, have made war upon us, and we should have been resubjugated to the British crown, and should have had no more a place among the nations of the earth. In the second place, this law was recommended and passed by the best man in the nation. What class of men in our whole country can be expected to be so patriotic, enlightened, disinterested, and pure, as the men who compose the national Congress? Do they not stand on the eminence of intelligence and benevolence? Would any man be sent as representative to legislate for this great nation unless he was the very first man in his whole congressional district? Would any other two men be sent to the national Senate than the two most excellent men in the state from which they are sent? And when such a body of men assemble to consult for the interests of this great nation, could they do otherwise than enact the very best laws possible? Nay, is not such a mass of wisdom and benevolence to be set down as well nigh infallible? But, in the third place, a capital and special beauty of the fugitive law is, that it restores stolen property. Perhaps I
have already sufficiently insisted upon this fact. The security of property is a primary consider-
ation in every free state, while in the same degree that there is a want of such security, is there a tendency to anarchy and ruin. Large amounts of southern property, previously to the glorious law of which I write, were annually plundered from citizens of the south. Niggers would, in multitudes of instances, steal themselves, and others, in the Northern States, would be ready to aid them in consummating this terrible crime; so that there was actual danger that some of our southern brethren would, by these frequently recurring robberies, be really left in destitute circumstances; and they had begun to realize the full force of that scripture which saith that riches take to themselves legs and run away. Under these most painful and distressing circumstances came in this golden statute for the better security of such riches. Then, in the fourth place, it is an eminent beauty of this law, that while it restores stolen property, it restores it promptly. There is no need now of any protracted and vexatious process in order for a slave owner to regain possession of his lost
goods. That miserable and fanatical routine of a trial by jury is all dispensed with. The owner, or his agent, comes forward
and swears to the identity of the property, and the commissioner, without asking any jury or council, delivers the commodity
right over. Is it possible that there could have been any arrangement devised more skillful or more facile? It is true that,
in some cases, there may be false swearing for the purpose of identification. This, it appears, was an artifice employed,
when necessary, by Professor Marks, as described by yourself; and thus not unfrequently free niggers, and sometimes white
people themselves, being
sworn to be slaves, are sent by the commissioner into slavery. I know not that I should fully justify cases of this character, while yet I am free to say that if all this be an evil, it seems to be much less an evil than that slaves should have such opportunities to escape as previous to 1850. Better that ten free niggers should be sent into slavery that that one slave should escape into freedom. In the fifth place, it is a fine feature of this law that it allows ten dollars to the commissioner, in case of his deciding the identity of the slave, and only five dollars in the event of his deciding the nigger to be free. This was doubtless designed by the shrewd and benevolent framers of the law to impart an additional stimulus to the commissioner concerned to identify, rather than otherwise. In all probability, a black, being caught, is a fugitive; and, of course, it should almost always be so decided; and hence commissioners should be encouraged to render such a decision,—and especially as, in some cases, there would naturally appear a lack of evidence, so that a slight pecuniary stimulus on the mind of the officer would be indispensable in order to bias him in the right direction. A sixth delightful feature of the law under consideration is, that it directs and commands all bystanders, and the posse comitatus generally, that is, the whole community, to aid when necessary, in recapturing the plundered merchandise. Our southern brethren
are the proper aristocracy of the nation, and correspond mainly to the nobility of monarchical countries. It seems to be decorous
and proper, therefore, that the rest of the nation, and especially the people of the north, who have no slaves of their own
to take care
of, should all engage, whenever necessary, in aiding and serving their southern superiors in recovering their fleeing niggers. How, in fact, could they be better employed than in this useful service? Then, further, this beautiful scheme has a wonderful influence—so to speak—to equalize and nationalize the blessed institution. The south own the niggers, and the north catch them when flying away to freedom, and return them to slavery. Although the comparison may seem a measure degrading, yet the people of the north may not unaptly be denominated the hunting and chasing hounds for the southern gentry. Thus the whole country is permitted to share, in one or another sense, in this great interest. All are partakers; all are, in an important sense, upon the same platform. This renders the whole country, as I have written before, a slave country. It is all precious slave soil, and there is not one free inch until you cross the fatal line into Britain. Yes, this wholesome law constitutes you, madam, and your reverend husband, and your reverend fathers and brothers,—all of you,—partners in this glorious institution, which you appear to hate so cordially, and yet so ungratefully. Whenever you or they are commanded by the officer to run after that renegade nigger, you are at once to rush into the street, whether by night or day, and chase him at the top of your speed; you must grab him if possible, while you are not to cry, Freedom! but Slavery! Slavery! In the seventh place, all this reminds me to add, that a further bright aspect of this fugitive law is, that it forbids all
harboring, feeding, comforting, or in any manner helping fugitives to escape. There is to be no
giving bread or drink to them when they come to your door, hungry and thirsty. There is to be no clothing them if naked. There is to be no visiting them when sick or in prison. Now, there are not wanting many weak people who go so far as to assert that what they term the "higher law" requires this feeding and comforting. Amazing! As if there is any law superior to the law of the land; and as if we are not commanded by the Scriptures to obey magistrates and those who hold rule over us. And, besides, why do not these fanatics keep in mind that these runaways are not persons, such as the poor alluded to by Christ, but they are mere property, merchandise, implements, things? And where do the Scriptures, from Genesis to Revelation, any where give directions to feed, and clothe, and comfort merchandise? When will people ever learn the important and happy art of discrimination? In the eighth place, this fugitive law is admirable and sublime, in view of the fact, that, as I have elsewhere observed, it enlists the entire force of the nation, military as well as civil, for the carrying out of its great provisions. How fully was all this exemplified in the case of the nigger recaptured in Boston! It was a splendid exhibition when that court house was encompassed with chains—when the venerable judges were under the necessity of bowing themselves, and passing under these chains, in order to enter the temple of justice—when the military were called out to escort the fugitive to the wharf. O, in all that fine spectacle was manifest the glorious majesty of law. Then it was that the sword of the nation was drawn, and the nigger was conquered, and the country was triumphant, and the dignity of slavery was fully vindicated. Then, ninthly, in harmony with the other provisions of this excellent law, whenever demanded by the owner, or his agent, a full force shall be granted to accompany him back with his property, so as to preclude the possibility of its being stolen from him again during his journey home. It would seem that this most admirable statute leaves nothing unprovided for, in behalf of the proprietor of fugitive property, and for its safe return to where it belongs. Finally, and comprehensively, the fugitive law of 1850 is in the very exact accordance with the constitution of the United States, as the objects of that constitution are set forth in its preamble. It was established, for example, in order to "form a more perfect union:" the fugitive law is the great conservator of the Union. "To establish justice:" the fugitive law contemplates precisely this object in the restoration of stolen goods to their owners. "To insure domestic tranquillity:" the nation now is to be forever tranquil, the law is a finality, and there is to be allowed no more agitation of the subject of slavery. "To provide for the common defence:" the promotion of slavery will secure the prosperity of the country, and thus prepare it for defending itself against all foreign enemies. "To promote the general welfare:" security of property is essential to such welfare. "To secure the blessings of liberty, to ourselves and to our posterity:" nothing will contribute more fully to this than the complete subjugation of the niggers, in order that, by their labor and sweat, their owners may be at liberty to enjoy themselves as much as they please; while, by the subjugation of all the slave posterity, the posterity of the owners may inherit the luxury and the ease of their fathers. Thus, madam, have I, though very imperfectly, unfolded to you some of the beauties of the law which you condemn. You will do well to read, mark, and inwardly digest. |