American Eloquence, Volume II. (of 4) by Various

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Sir, I might here stop. It is enough, in this place, and on this
occasion, to show the unconstitutionality of this enactment. Your duty
commences at once. All legislation hostile to the fundamental law of
the land should be repealed without delay. But the argument is not yet
exhausted. Even if this Act could claim any validity or apology under
the Constitution, which it cannot, it lacks that essential support in
the Public Conscience of the States, where it is to be enforced, which
is the life of all law, and with-out which any law must become a dead
letter.

* * * * *

With every attempt to administer the Slave Act, it constantly becomes
more revolting, particularly in its influence on the agents it enlists.
Pitch cannot be touched without defilement, and all who lend themselves
to this work seem at once and unconsciously to lose the better part of
man. The spirit of the law passes into them, as the devils entered the
swine. Upstart commissioners, mere mushrooms of courts, vie and revie
with each other. Now by indecent speed, now by harshness of manner, now
by denial of evidence, now by crippling the defense, and now by open,
glaring wrong they make the odious Act yet more odious. Clemency, grace,
and justice die in its presence. All this is observed by the world. Not
a case occurs which does not harrow the souls of good men, and bring
tears of sympathy to the eyes, and those nobler tears which "patriots
shed o'er dying laws."

Sir, I shall speak frankly. If there be an exception to this feeling,
it will be found chiefly with a peculiar class. It is a sorry fact, that
the "mercantile interest," in unpardonable selfishness, twice in English
history, frowned upon endeavors to suppress the atrocity of Algerine
Slavery, that it sought to baffle Wilberforce's great effort for the
abolition of the African slave-trade, and that, by a sordid compromise,
at the formation of our Constitution, it exempted the same detested,
Heaven-defying traffic from American judgment. And now representatives
of this "interest," forgetful that Commerce is born of Freedom, join in
hunting the Slave. But the great heart of the people recoils from this
enactment. It palpitates for the fugitive, and rejoices in his escape.
Sir, I am telling you facts. The literature of the age is all on his
side. Songs, more potent than laws, are for him. Poets, with voices of
melody, sing for Freedom. Who could tune for Slavery? They who make
the permanent opinion of the country, who mould our youth,whose words,
dropped into the soul, are the germs of character, supplicate for the
Slave. And now, Sir, behold a new and heavenly ally. A woman, inspired
by Christian genius, enters the lists, like another Joan of Arc, and
with marvellous power sweeps the popular heart. Now melting to tears,
and now inspiring to rage, her work everywhere touches the conscience,
and makes the Slave-Hunter more hateful. In a brief period, nearly
one hundred thousand copies of Uncle Tom's Cabin have been already
circulated. But this extraordinary and sudden success, surpassing all
other instances in the records of literature, cannot be regarded as but
the triumph of genius. Better far, it is the testimony of the people, by
an unprecedented act, against the Fugitive Slave Bill.

These things I dwell upon as incentives and tokens of an existing public
sentiment, rendering this Act practically inoperative, except as a
tremendous engine of horror. Sir, the sentiment is just. Even in the
lands of Slavery, the slave-trader is loathed as an ignoble character,
from whom the countenance is turned away; and can the Slave-Hunter be
more regarded, while pursuing his prey in a land of Freedom? In early
Europe, in barbarous days, while Slavery prevailed, a Hunting Master
was held in aversion. Nor was this all. The fugitive was welcomed in the
cities, and protected against pursuit. Sometimes vengeance awaited
the Hunter. Down to this day, at Revel, now a Russian city, a sword
is proudly preserved with which a hunting Baron was beheaded, who, in
violation of the municipal rights of the place, seized a fugitive slave.
Hostile to this Act as our public sentiment may be, it exhibits no
similar trophy. The State laws of Massachusetts have been violated in
the seizure of a fugitive slave; but no sword, like that of Revel, now
hangs at Boston.

And now, Sir, let us review the field over which we have passed. We
have seen that any compromise, finally closing the discussion of Slavery
under the Constitution, is tyrannical, absurd, and impotent; that, as
Slavery can exist only by virtue of positive law, and as it has no
such positive support in the Constitution, it cannot exist within the
national jurisdiction; that the Constitution nowhere recognizes property
in man, and that, according to its true interpretation, Freedom and not
Slavery is national, while Slavery and not Freedom is sectional;that
in this spirit the National Government was first organized under
Washington, himself an Abolitionist, surrounded by Abolitionists, while
the whole country, by its Church, its Colleges, its Literature, and all
its best voices, was united against Slavery, and the national flag at
that time nowhere within the National Territory covered a single slave;
still further, that the National Government is a government of delegated
powers, and, as among these there is no power to support Slavery, this
institution cannot be national, nor can Congress in any way legislate
in its behalf; and, finally, that the establishment of this principle is
the true way of peace and safety for the Republic. Considering next the
provision for the surrender of fugitives from service, we have seen that
it was not one of the original compromises of the Constitution; that
it was introduced tardily and with hesitation, and adopted with little
discussion, while then and for a long period thereafter it was regarded
with comparative indifference; that the recent Slave Act, though many
times unconstitutional, is especially so on two grounds, first, as a
usurpation by Congress of powers not granted by the Constitution, and an
infraction of rights secured to the States, and, secondly, as the denial
of Trial by Jury, in a question of personal liberty and a suit at Common
Law; that its glaring unconstitutionality finds a prototype in the
British Stamp Act, which our fathers refused to obey as unconstitutional
on two parallel grounds,--first, because it was a usurpation by
Parliament of powers not belonging to it under the British Constitution,
and an infraction of rights belonging to the Colonies, and, secondly,
because it was the denial of Trial by Jury in certain cases of property;
that, as Liberty is far above property, so is the outrage perpetrated
by the American Congress far above that perpetrated by the British
Parliament; and, finally, that the Slave Act has not that support, in
the public sentiment of the States where it is to be executed, which is
the life of all law, and which prudence and the precept of Washington
require.

* * * * *

Mr. President, I have occupied much time; but the great subject still
stretches before us. One other point yet remains, which I must not leave
untouched, and which justly belongs to the close. The Slave Act violates
the Constitution, and shocks the Public Conscience. With modesty, and
yet with firmness, let me add, Sir,it offends against the Divine Law.
No such enactment is 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 beyond question is to claim for their
fallible authors infallibility. To assume that they are always in
conformity with the laws of God is presumptuously and impiously to exalt
man even to 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 command
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 should we suffer ourselves to be drawn
by any compact into opposition to God. Such is the rule of morals.
Such, also, by the lips of judges and sages, is the proud declaration
of English law, whence our own is derived. In this conviction, patriots
have braved unjust commands, and martyrs have died.

And now, sir, the rule is commended to us. The good citizen, who sees
before him the shivering fugitive, guilty of no crime, pursued, hunted
down like a beast, while praying for Christian help and deliverance, and
then 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." Again let me speak frankly. Not rashly would I
set myself against any requirement 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. "Where I cannot obey
actively, there I am willing to lie down and to suffer what they shall
do unto me"; such was the exclamation of him to whom we are indebted for
the Pilgrim's Progress while in prison for disobedience to an earthly
statute. Better suffer injustice than do it. Better victim than
instrument of wrong. Better even the poor slave returned to bondage than
the wretched Commissioner.

There is, sir, an incident of history which suggests a parallel, and
affords a lesson of fidelity. Under the triumphant exertions of that
Apostolic Jesuit, St. Francis Xavier, large numbers of Japanese,
amounting to as many as two hundred thousand,--among them princes,
generals, and the flower of the nobility,--were converted to
Christianity. Afterwards, amidst the frenzy of civil war, religious
persecution arose, and the penalty of death was denounced against all
who refused to trample upon the effigy of the Redeemer. This was the
Pagan law of a Pagan land. But the delighted historian records, that
from the multitude of converts scarcely one was guilty of this apostasy.
The law of man was set at naught. Imprisonment, torture, death, were
preferred. Thus did this people refuse to trample on the painted image.
Sir, multitudes among us will not be less steadfast in refusing to
trample on the living image of their Redeemer.

Finally, Sir, for the sake of peace and tranquility, cease to shock the
Public Conscience; for the sake of the Constitution, cease to exercise
a power nowhere granted, and which violates inviolable rights expressly
secured. Leave this question where it was left by our fathers, at the
formation of our National Government,--in the absolute control of
the States, the appointed guardians of Personal Liberty. 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. There is the example
of Washington, follow it. There also are words of Oriental piety,
most touching and full of warning, which speak to all mankind, and now
especially to us: "Beware of the groans of wounded souls, since the
inward sore will at length break out. Oppress not to the utmost a single
heart; for a solitary sigh has power to overturn a whole world."

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