The Anti-Slavery Crusade: A Chronicle of the Gathering Storm

by Jesse Macy

There was a conspiracy of silence on the slavery question in 1852. Each of the national parties was definitely committed to the support of the compromise and especially to the faithful observance of the Fugitive Slave Law. Free-soilers had distinctly declined in numbers and influence during the four preceding years. Only a handful of members in each House of Congress remained unaffiliated with the parties whose platforms had ordained silence on the one issue of chief public concern. It was by a mere accident in Massachusetts politics that Charles Sumner was sent to the Senate as a man free on all public questions.

While the parties were making their nominations for the Presidency, Sumner sought diligently for an opportunity in the Senate to give utterance to the sentiments of his party on the repeal of the Fugitive Slave Act. But not until late in August did he overcome the resistance of the combined opposition and gain the floor. The watchmen were caught off guard when Sumner introduced an amendment to an appropriation bill which enabled him to deliver a carefully prepared address, several hours in length, calling for the repeal of the law.

The first part of this speech is devoted to the general topic of the relation of the national Government to slavery and was made in answer to the demand of Calhoun and his followers for the direct national recognition of slavery. For such a demand Sumner found no warrant. By the decision of Lord Mansfield, said he, "the state of slavery" was declared to be "of such a nature, that it is incapable of being introduced on any reasons, moral or political, but ONLY BY POSITIVE LAW.... it is so odious, that nothing can be suffered to support it but positive law." Adopting the same principle, the Supreme Court of the State of Mississippi, a tribunal of slaveholders, asserted that "slavery is condemned by reason and the Laws of Nature. It exists, and can ONLY exist, through municipal regulations." So also declared the Supreme Court of Kentucky and numerous other tribunals. This aspect of the subject furnished Sumner occasion for a masterly array of all the utterances in favor of liberty to be found in the Constitution, in the Declaration of Independence, in the constitutional conventions, in the principles of common law. All these led up to and supported the one grand conclusion that, when Washington took the oath as President of the United States, "slavery existed nowhere on the national territory" and therefore "is in no respect a national institution." Apply the principles of the Constitution in their purity, then, and "in all national territories slavery will be impossible. On the high seas, under the national flag, slavery will be impossible. In the District of Columbia, slavery will instantly cease. Inspired by these principles, Congress can give no sanction to slavery by the admission of new slave States. Nowhere under the Constitution can the Nation by legislation or otherwise, support slavery, hunt slaves, or hold property in man.... As slavery is banished from the national jurisdiction, it will cease to vex our national politics. It may linger in the States as a local institution; but it will no longer engender national animosities when it no longer demands national support."

The second part of Sumner's address dealt directly with the Fugitive Slave Act of 1860. It is much less convincing and suggests more of the characteristics of the special pleader with a difficult case. Sumner here undertook to prove that Congress exceeded its powers when it presumed to lay down rules for the rendition of fugitive slaves, and this task exceeded even his power as a constitutional lawyer.

The circumstances under which Sumner attacked slavery were such as to have alarmed a less self-centered man, for the two years following the introduction of the Nebraska bill were marked by the most acrimonious debate in the history of Congress, and by physical encounters, challenges, and threats of violence. But though Congressmen carried concealed weapons, Sumner went his way unarmed and apparently in complete unconcern as to any personal danger, though it is known that he was fully aware that in the faithful performance of what he deemed to be his duty he was incurring the risk of assassination.

The pro-slavery party manifested on all occasions a disposition to make the most of the weak point in Sumner's constitutional argument against the Fugitive Slave Law. He was accused of taking an oath to support the Constitution though at the same time intending to violate one of its provisions. In a discussion, in June, 1854, over a petition praying for the repeal of the Fugitive Slave Act, Senator Butler of South Carolina put the question directly to Senator Sumner whether he would himself unite with others in returning a fugitive to his master. Sumner's quick reply was, "Is thy servant a dog that he should do this thing?" Enraged Southerners followed this remark with a most bitter onslaught upon Sumner which lasted for two days. When Sumner again got the floor, he said in reference to Senator Butler's remark: "In fitful phrase, which seemed to come from unconscious excitement, so common with the Senator, he shot forth various cries about 'dogs,' and, among other things, asked if there was any 'dog' in the Constitution? The Senator did not seem to bear in mind, through the heady currents of that moment that, by the false interpretation he fastens upon the Constitution, he has helped to nurture there a whole kennel of Carolina bloodhounds, trained, with savage jaw and insatiable in scent, for the hunt of flying bondmen. No, sir, I do not believe that there is any 'kennel of bloodhounds,' or even any 'dog' in the Constitution." Thereafter offensive personal references between the Senators from Massachusetts and South Carolina became habitual. These personalities were a source of regret to many of Sumner's best friends, but they fill a small place, after all, in his great work. Nor were they the chief source of rancor on the part of his enemies, for Southern orators were accustomed to personalities in debate. Sumner was feared and hated principally because his presence in Congress endangered the institution of slavery.

Sumner's speech on the crime against Kansas was perhaps the most remarkable effort of his career. It had been known for many weeks that Sumner was preparing to speak upon the burning question, and his friends had already expressed anxiety for his personal safety. For the larger part of two days, May 19 and 20, 1856, he held the reluctant attention of the Senate. For the delivery of this speech he chose a time which was most opportune. The crime against Kansas had, in a sense, culminated in March of the previous year, but the settlers had refused to submit to the Government set up by hostile invaders. They had armed themselves for the defense of their rights, had elected a Governor and a Legislature by voluntary association, had called a convention, and had adopted a constitution preparatory to admission to the Union. That constitution was now before the Senate for approval. President Pierce, Stephen A. Douglas, and all the Southern leaders had decided to treat as treasonable acts the efforts of Kansas settlers to secure an orderly government. Their plans for the arrest of the leaders were well advanced and the arrests were actually made on the day after Sumner had concluded his speech.

A paragraph in the address is prophetic of what occurred within a week. Douglas had introduced a bill recognizing the Legislature chosen by the Missourians as the legal Government and providing for the formation of a constitution under its initiative at some future date. After describing this proposed action as a continuation of the crime against Kansas, Sumner declared: "Sir, you cannot expect that the people of Kansas will submit to the usurpation which this bill sets up and bids them bow before, as the Austrian tyrant set up the ducal hat in the Swiss market-place. If you madly persevere, Kansas will not be without her William Tell, who will refuse at all hazards to recognize the tyrannical edict; and this will be the beginning of civil war."

To keep historical sequence clear at this point, all thought of John Brown should be eliminated, for he was then unknown to the public. It must be remembered that Governor Robinson and the free-state settlers were, as Sumner probably knew, prepared to resist the general Government as soon as there should be a clear case of outrage for which the Administration at Washington could be held directly responsible. Such a case occurred when the United States marshal placed federal troops in the hands of Sheriff Jones to assist in looting the town of Lawrence. Governor Robinson no longer had any scruples in advising forcible resistance to all who used force to impose upon Kansas a Government which the people had rejected.

In the course of his address Sumner compared Senators Butler and Douglas to Don Quixote and Sancho Panza, saying: "The Senator from South Carolina has read many books of chivalry, and believes himself a chivalrous knight, with sentiments of honor and courage. Of course he has chosen a mistress to whom he has made his vows, and who, though ugly to others, is always lovely to him; though polluted in the sight of the world, is chaste in his sight. I mean the harlot Slavery. Let her be impeached in character, or any proposition be made to shut her out from the extension of her wantonness, and no extravagance of manner or hardihood of assertion is then too great for the Senator."