Volume 4 — 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 Jones]: "Can any one suppose, that, if the Fugitive Slave Act be repealed, this Union can exist?"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]

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?

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]

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]

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?

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]

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]

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]

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

And the occurrences of this day will make it visible to the people in new forms of injustice.