Liberty in the Nineteenth Century

by Frederic May Holland

This plan was approved by Webster, who hoped that the grateful South would make him President, and then help him restore those protective duties which had been removed in 1846. Other Northerners called the compromise one-sided; and so did men from those cotton States which were to gain scarcely anything. President Taylor would yield nothing to threats of rebellion. It was not until after his death that Clay's proposals could be carried through Congress; and it was necessary to present them one by one. The bill by which California was admitted, in September, 1850, was sandwiched in between those about Texas and the fugitives. The latter were put under a law by which their friends were liable to be fined or imprisoned; but the new Fugitive Slave Act had only three votes from the northern Whigs in the House of Representatives; and there were only four Senators who actually consented to all Clay's propositions.

The compromise seemed at first to have silenced both secessionists and abolitionists. The latter were assailed by worse mobs in Boston and New York than had been the case in these cities for many years. The rioters were sustained by public opinion; enthusiastic Union meetings were held in the large cities; and Webster's course was praised by leading ministers of all denominations, even the Unitarian. Abolitionism had apparently been reduced to such a position that it could lead to nothing but civil war. Parker complained, in May, 1850, that the clergy were deserting the cause. Phillips spoke at this time as if there were no anti-slavery ministers left. I once heard friendly hearers interrupt him by shouting out names like Parker's and Beecher's. He smiled, and began counting up name after name on the fingers of his left hand; but he soon tossed it up, and said with a laugh, "I have not got one hand full yet."

Webster's friends boasted that Satan was trodden underfoot; but the compromise was taken as an admission by the Whigs that their party had cared too little about slavery. Many of its adherents went over, sooner or later, to the Democratic party, which had at least the merit of consistency. About half of the Free Soilers deserted what seemed to be a lost cause; but few if any went back to help the Whigs. The latter did not elect even three-fourths as many members of Congress in November, 1850, as they did in 1848; and they fared still worse in 1852. Democratic aid enabled the Free Soilers in 1851 to send Sumner to represent them in the Senate, in company with Hale and Chase. Seward had already been sent there by the anti-slavery Whigs, and had met Webster's plea for the constitutionality of the new Fugitive Slave Law by declaring that "There is a higher law than the Constitution." Sumner maintained in Washington, as he had done in Boston, that the Constitution as well as the moral law forbade helping kidnappers. He was never a disunionist; but he insisted that "Unjust laws are not binding"; and he was supported by the mighty influence of Emerson.

The effects of Transcendentalism will be so fully considered in the next chapter but one, that I need speak here merely of what it did to encourage resistance to the new law which made philanthropy a crime. The penalties on charity to fugitives were so severe as to call out much indignation from the rural clergy at the North. In November, 1850, the Methodist ministers of New York City agreed to demand the repeal of the law; and Parker wrote to Fillmore, who had been made President by Taylor's death, that among eighty Protestant pastors in Boston there were not five who would refuse hospitality to a slave. The first hunters of men who came there met such a resistance that they did not try to capture the fugitives. A negro who was arrested was taken by coloured friends from the court-house; and a second rescue was prevented only by filling the building with armed hirelings, surrounding it with heavy chains under which the judges were obliged to stoop, and finally calling out the militia to guard the victim through the streets of Boston. A slaveholder who was supposed to be trying to drag his own son back to bondage, was shot dead by coloured men in Pennsylvania. Other fugitives were rescued in Milwaukee and Syracuse. The new law lost much of its power in twelve months of such conflicts; and it was reduced almost to a dead letter by Personal Liberty bills, which were enacted in nearly every Northern State. The compromise was not making the North and South friends, but enemies.

The hostility was increased by the publication of the most influential book of the century. Uncle Tom's Cabin had attracted much attention as a serial; and three thousand copies were sold on the day it appeared in book form, March 20, 1852. There was a sale that year of two hundred thousand copies, which were equally welcome in parlour, nursery, and kitchen. Dramatic versions had a great run; and one actress played "Little Eva" at more than three hundred consecutive performances. Some of the most effective scenes were intended to excite sympathy with fugitive slaves.

The total number of votes for all parties did not increase one-third as fast between 1848 and 1852 as between 1852 and 1856, when many of "Uncle Tom's" admirers went to the polls for the first time. The Whigs were so much ashamed of their party, that they permitted every State, except Massachusetts, Vermont, Kentucky, and Tennessee to be carried by the Democrats. The latter had the advantage, not only of unity and consistency as regards slavery, but of having made their low tariff so much of a success that there was another reduction in 1857. The two parties had been made nearly equal in Congress by the election of 1848; but the proportion was changed four years later, to two to one, and the beaten party soon went to pieces.

The Free Soil candidates and platform were singularly good in 1852; yet the vote was but little more than one-half as large as in 1848. There was no election between 1835 and 1865 when anti-slavery votes seemed so little likely to do any immediate good. The compromise looked like an irreparable error; and many reformers thought they could do nothing better than vote with the Democrats for free trade.

IV. The victors in 1852 might have had many years of supremacy, if they had kept true to the Jeffersonian principle of State rights. They were consistent in holding that the position of coloured people in each State ought to be determined by the local majority. The rights of Northerners had been invaded by the new law, which forbade hospitality to fugitives and demanded participation in kidnapping; but this wrong might have been endured if the South had not denied the right of Kansas to become a free State. This was guaranteed by the compromise of 1820, which had been kept by the North. Early in 1854, Senator Douglas of Illinois proposed that the compact should be repudiated, and that it should be left for future settlers to decide whether there should be freedom or slavery in a region ten times as large as Massachusetts, with a fertile soil and a climate warm enough for negro labour.

There was such prompt and intense indignation throughout the North at this breach of faith, that Douglas said he could find his way from Chicago to Boston by the light of the bonfires in which he was burned in effigy. The difference of opinion between city and country clergy ceased at once. An Episcopalian bishop headed the remonstrance which was signed by nearly every minister in New York City. Two other bishops signed the New England protest in company with the presidents of Yale, Brown, Williams, and Amherst, with the leaders of every Protestant sect, and with so many other clergymen that the sum total rose above three thousand, which was four-fifths of the whole number. Five hundred ministers in the North-west signed a remonstrance which Douglas was obliged to present; and so many such memorials came in from all the free States, as to show that there was very little pro-slavery feeling left among the clergy, except in the black belt north of the Ohio.

One-half of the Northern Democrats in the House of Representatives refused to follow Douglas. Leading men from all parties united to form the new one, which took the name of Republican on July 6, 1854, and gained control of the next House of Representatives. It was all the more popular because it began "on the sole basis of the non-extension of slavery." Victory over the South could be gained only by uniting the North; but Garrison still kept on saying, "If we would see the slave-power overthrown, the Union must be dissolved." On July 4, 1854, two days before the Republican party adopted its name, he burned the Constitution of the United States amid several thousand spectators. Then it was that Thoreau publicly denied his allegiance to Massachusetts, which was already doing its best to save Kansas.