Another instance of the same sort is the case of Mr. Jonathan Walker, in 1844. With seven fugitives he embarked from Pensacola in an open boat for the Bahama Islands, but he received a sun-stroke and was obliged to leave the management of the craft in the hands of the negroes. On account of the accident, they were overtaken by two sloops, and both fugitives and their protector captured. Mr. Walker was twice tried, imprisoned, sentenced to stand in the pillory, and branded on the hand with the letters S. S., slave stealer.[188] The crime and the punishment have alike been glorified in Whittier's verses:—
"Then lift that manly right hand, bold ploughman of the wave!
"Its branded hand shall prophesy 'Salvation to the Slave!'
"Hold up its fire-wrought language that whoso reads may feel
"His heart swell strong within him, his sinews change to steel."[189]
§ 51. Unpopularity of the Fugitive Slave Act of 1850.—The passage of the new law probably increased the number of antislavery people more than anything else which had occurred during the whole agitation. Many of those formerly indifferent were roused to active opposition by a sense of the injustice of the Fugitive Slave Act as they saw it executed in Boston and elsewhere. Hence, in the cases of the period from 1850 to the outbreak of the Civil War, we shall find a new element. The antislavery party, grown strong, resisted the regulations, and instead of the unquestioned return of a fugitive, as in colonial times, or of prosecutions carried on under the simple conditions of the act of 1793, the struggle became long and complex. In fact during this time hardly an important case can be cited in which there was not some opposition to the natural course of the law. These exasperating effects were not at first apparent to the South, since before the famous rescues began several cases of rendition showed the power of the Executive. As the escapes grew more and more frequent yearly, increasing all the time in boldness, the slaveholders put forth greater efforts to punish the offenders, and prosecutions were numerous. But the "new law had no moral foundation," and against such an act public sentiment must sooner or later revolt, no matter how severe may be its provisions.[190] As Mr. James Freeman Clarke has said, "It was impossible to convince the people that it was right to send back to slavery men who were so desirous of freedom as to run such risks. All education from boyhood up to manhood had taught us to believe that it was the duty of all men to struggle for freedom."[191]
§ 52. Principle of the selection of cases.—The large number of cases occurring between 1850 and 1860 renders it impossible to present a detailed account of them all in a brief monograph. The selection, therefore, includes only such as are typical of the various phases of the agitation.
§ 53. Hamlet case (1850).—The first recorded action under the provisions of the law of 1850 took place on the 26th of September of that year, just eight days after the passage of the act. James Hamlet, a free negro, who with his family had been living for several years in New York, was on that day arrested by a deputy United States Marshal as the fugitive slave of Mary Brown of Baltimore. After a hasty examination by Commissioner Gardiner, he was surrendered in accordance with the new law. These proceedings were not sufficiently well known at the time to excite a mob, but when discovered they roused so strong a feeling that the money necessary to redeem Hamlet was almost immediately raised, and on the 5th of October he was brought back from slavery.[192]
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:—