The position of the Republican Party, with reference to the Fugitive Slave Law, presented some striking contradictions. Thus, in those Northern States where statutes had been enacted to nullify the law, the dominant political forces constituted the controlling element in the membership of the party; yet the party itself, in its national platform, demanded neither the repeal nor amendment of the Federal statute. Again, there were men, prominent in its counsels, who, like Salmon P. Chase, frankly acknowledged that the provision of the constitution requiring the return of fugitive slaves, and the statute of the Federal Government carrying this clause into effect, would not be respected by one great element of the party and of the Northern people. On the other hand, Mr. Lincoln, who defeated him for the nomination to the Presidency, had counselled compliance with the requirements of the constitution and the law. Time and again he pointed out that it was the duty of citizens, and above all of public officials, to observe the obligations of the constitution with respect to this matter. "Stand with the Abolitionist in restoring the Missouri Compromise, and stand against him when he attempts to repeal the Fugitive Slave Law," was his declaration at Peoria, Illinois, October 16th, 1858.[[271]]
ATTITUDE OF PRESIDENT LINCOLN
While a member of Congress, Mr. Lincoln had, on the 16th of January, 1849, introduced a bill for the abolition of slavery in the District of Columbia, with the consent of its voters and with compensation to the slaveholders. The fifth section of this bill provided:
"The municipal authorities of Washington and Georgetown, within their respective jurisdictional limits, are hereby empowered and required to provide active and efficient means to arrest and deliver up to their owners all fugitive slaves escaping into said district."[[272]]
It was because of the authorship of this proposed Fugitive Slave Law, that, upon his nomination to the Presidency, Wendell Philips denounced him, through the columns of The Liberator, as "the Slave Hound of Illinois."[[273]]
In his inaugural address, after alluding to what he terms "the plainly written" clause of the constitution relating to fugitive slaves, he declared:
"It is scarcely questioned that this provision was intended by those who made it for the reclaiming of what we call 'fugitive slaves' and the intention of the law giver is the law. All members of Congress swear their support to the whole constitution—to this provision as much as any other. To the proposition then that slaves whose cases come within the terms of this clause 'shall be delivered up' their oaths are unanimous....
"There is some difference of opinion whether this clause should be enforced by National or by state authority; but surely that difference is not a very material one. If the slave is to be surrendered, it can be of little consequence to him or to others by which authority it is done. And should any one, in any case, be content that his oath should go unkept on a merely unsubstantial controversy as to how it shall be kept?"[[274]]
| [267] | Writings of Jefferson, Ford, Vol. VII, p. 159. |