Sims and Burns.
§ 54. Sims case (1851).—Another instance in Boston, often mentioned as the first under the law of 1850, but really six months later than the Hamlet case, is that of Thomas M. Sims. A common method of seizure was followed. Marshal Tukey arrested Sims on a false charge of theft. Mr. Potter of Virginia then claimed him as his slave. Court Square was filled with people. The Marshal feared a popular outbreak while the matter was pending, and, to the indignation of the city, caused the court-house in which Sims was confined to be surrounded with chains. As these were but four feet from the ground, the judges as they went in and out from the sessions were forced, morning and night, to bow beneath them. The building was also strongly guarded by a company of armed men, ever afterward known as the "Sims Brigade." Robert Rantoul, Jr. and Samuel E. Sewall conducted Sims's case. Commissioner Curtis overruled the constitutional objections to the Fugitive Slave Law, and to the judicial functions of the Commissioners of the United States courts. Then, despite all efforts of the antislavery people in his behalf, the certificate which sent Sims back to Virginia was made out and signed by Commissioner Curtis.[193] The Liberator says of the popular sentiment: "One feeling was visible on almost every countenance, commiseration, humiliation,—commiseration for the victim, humiliation at the degradation of Massachusetts. No man talked, no man thought, of violence. Why? Because it is acquiesced in? No! no! Because it is approved? A thousand times, no! but because government is pleased to enforce the law, and resistance is hopeless."[194] Sims was taken from his cell in the early morning, observed only by a few faithful vigilants, and, amid platoons of armed men, conducted to the United States ship Acorn, which was detailed to carry him back to the South.[195]
The indignation of the antislavery people remained to be expressed, and a mass meeting was held on the Common and in Tremont Temple. Wendell Phillips and Theodore Parker addressed the assemblage, and Phillips noticed the fact that hostile troops had not been seen in the streets of Boston since the redcoats marched up from Long Wharf.[196]
§ 55. Burns case (1854).—The rendition of Anthony Burns in 1854 was the last great fugitive slave case which occurred in Boston. Burns was the property of Charles F. Suttle of Virginia. He escaped in 1854, and came to Boston. One of the first things he did was to write a letter to his brother, still a slave in the South. Unfortunately, though this was mailed in Canada, by some oversight it was dated in Boston. Since a letter to a slave was always opened by the master, Burns's hiding place was discovered.[197] He was arrested upon the usual charge of theft. Then, upon a warrant issued by Judge Loring, he was claimed as a fugitive slave by Suttle.
When the knowledge of the arrest began to circulate, the most intense excitement prevailed. Handbills asking all antislavery people to go to Boston were sent throughout the country. Public meetings held in Faneuil and Meionaon Halls were crowded with representatives from all the towns about.[198] One of the people who took part in the attempted rescue which followed one of these meetings thus describes it:—
"On the evening of the 26th of May, we went down to Faneuil Hall to hear Wendell Phillips. He counselled waiting until morning before any attempt to rescue Burns should be made, but the excited audience silenced him with shouts of 'No, no! to-night! to-night!'
"Mr. Phillips saw that it was useless to try to go on, so he sat down and Mr. Theodore Parker began speaking. At first he advocated the same plan, but at last, as he found the crowd growing more and more eager and uproarious, he said, 'Well, if you will, let us go!' and led the way out of the hall. The people followed, and my friend and I were among the first to reach the court-house. There we found prepared for us long beams and boxes of axes. Five or six men seized one of these beams, and before its pressure the large door of the court-house crushed like glass. Mr. Higginson first stepped in, but just then a pistol shot was heard, and the mob fell back. Mr. Higginson looked around, and entreated them not to desert him, but the favorable moment was gone. The people should have lost no time in filling the house, for the marines had been ordered from the Navy Yard, and when they appeared nothing further could be done."[199] In this riot James Batchelder, one of the Marshal's guards, was killed.
At the trial, though Burns was ably defended by Mr. R. H. Dana and others, it was of no avail. His identity was unfortunately established from the first. He had recognized and addressed his master, and also a Mr. Brant, who had once hired him. The order for his rendition was therefore at once given.[200]
Guarded by a large military force he was conducted through the streets, filled with an indignant multitude, to the United States cutter Morris, which had been ordered by the President to take him back.[201] Many buildings on the route were hung with black, and so great was the popular excitement, that Rev. J. F. Clarke, an eyewitness of the affair, has said: "It was evident that a very trifling incident might have brought on a collision, and flooded the streets with blood."
The difficulty of enforcing the act was shown in the precautionary measures immediately adopted by the government. The city police, the militia, the marines, and some regular troops, were ordered out to the task of guarding one poor fugitive. It cost the country one hundred thousand dollars to send this single slave back to his master.[202]
Not long after Burns's return, a sum of money, to which Charles Devens, United States Marshal at his trial, contributed largely, was raised in Boston and the vicinity for his purchase; but it was found impossible to effect it.[203]
Mr. Higginson, Wendell Phillips, and Theodore Parker, with others, were indicted for riot, but the indictment was quashed by Judge Curtis on technical grounds, and they were discharged.[204]