"Sec. 3. And be it further enacted, That upon affidavit made as aforesaid, by the claimant of such fugitive, his agent or attorney, after such certificate has been issued, that he has reason to apprehend that such fugitive will be rescued by force from his or their possession, before he can be taken beyond the limits of the State in which the arrest is made, it shall be the duty of the officer making the arrest, to retain such fugitive in his custody, and to remove him to the State whence he fled, and there to deliver him to said claimant, his agent or attorney. And to this end, the officer aforesaid is hereby authorized and required to employ so many persons as he may deem necessary to overcome such force, and to retain them in his service, so long as circumstances may require. The said officer and his assistants, while so employed, to receive the same compensation, and to be allowed the same expenses as are now allowed by law, for transportation of criminals, to be certified by the judge of the district within which the arrest is made, and paid out of the treasury of the United States: Provided, That before such charges are incurred, the claimant, his agent, or attorney, shall secure to said officer payment of the same, and in case no actual force be opposed, then they shall be paid by such claimant, his agent or attorney.
"Sec. 4. And be it further enacted, When a warrant shall have been issued by any of the officers under the second section of this act, and there shall be no marshal or deputy marshal within ten miles of the place where such warrant is issued, it shall be the duty of the officer issuing the same, at the request of the claimant, his agent, or attorney, to appoint some fit and discreet person, who shall be willing to act as marshal, for the purpose of executing said warrant; and such persons so appointed shall, to the extent of executing such warrant, and detaining and transporting the fugitive named therein, have all the power and the authority, and he, with his assistants, entitled to the same compensation and expenses, provided in this act, in cases where the services are performed by the marshals of the courts.
"Sec. 5. And be it further enacted, That any person who shall knowingly and wilfully obstruct or hinder such claimant, his agent, or attorney, or any person or persons assisting him, her or them, in so serving or arresting such fugitive from service or labor, or shall rescue such fugitive from such claimant, his agent, or attorney, when so arrested, pursuant to the authority herein given or declared, or shall aid, abet, or assist such person so owing service or labor, to escape from such claimant, his agent, or attorney, or shall harbor or conceal such person, after notice that he or she was a fugitive from labor, as aforesaid, shall, for either of the said offences, forfeit and pay the sum of one thousand dollars, which penalty may be recovered by, and for the benefit of, such claimant, by action of debt in any court proper to try the same, saving, moreover, to the person claiming such labor or service, his right of action for, on account of, the said injuries, or either of them.
"Sec. 6. And be it further enacted, That when such person is seized and arrested, under and by virtue of the said warrant, by such marshal, and is brought before either of the officers aforesaid, other than said marshal, it shall be the duty of such officer to proceed in the case of such person, in the same way that he is directed and authorized to do, when such person is seized and arrested by the person claiming him, or by his or her agent, or attorney, and is brought before such officer or attorney, under the provisions of the first section of this act."
This is the bill known as "Mason's Bill," introduced by Mr. Butler of South Carolina, on the 16th of January last. This is the bill which Mr. Webster proposes to support, "with all its provisions to the fullest extent." It is a Bill of abominations, but there are "some amendments to it," which modify the bill a little. Look at them. Here they are. The first provides in addition to the fine of one thousand dollars for aiding and abetting the escape of a fugitive, for harboring and concealing him, that the offender "shall also be imprisoned twelve months." The second amendment is as follows—"And in no trial or hearing under this act shall the testimony of such fugitive be admitted in evidence."
These are Mr. Mason's amendments, offered on the twenty-third of last January. This is the bill, "with some amendments," which Mr. Webster says, "I propose to support, with all its provisions, to the fullest extent." Mr. Seward's bill was also before the Senate—a bill granting the fugitive slave a trial by jury in the State where he is found, to determine whether or not he is a slave. Mr. Webster says not a word about this bill. He does not propose to support it.
Suppose the bill of Mr. Webster's friend shall pass Congress, what will the action of it be? A slave-hunter comes here to Boston, he seizes any dark-looking man that is unknown and friendless, he has him before the postmaster, the collector of customs, or some clerk or marshal of some United States court, and makes oath that the dark man is his slave. The slave-hunter is allowed his oath. The fugitive is not allowed his testimony. The man born free as you and I, on the false oath of a slave-hunter, or the purchased affidavit of some one, is surrendered to a southern State, to bondage life-long and irremediable. Will you say, the postmaster, the collector, the clerks and marshals in Boston would not act in such matters? They have no option; it is their official business to do so. But they would not decide against the unalienable rights of man—the right to life, liberty, and the pursuit of happiness. That may be, or may not be. The slave-hunter may have his "fugitive" before the collector of Boston, or the postmaster of Truro, if he sees fit. If they, remembering their Old Testament, refuse to "bewray him that wandereth," the slave-hunter may bring on his officer with him from Georgia or Florida; he may bring the custom-house officer from Mobile or Wilmington, some little petty postmaster from a town you never heard of in South Carolina or Texas, and have any dark man in Boston up before that "magistrate," and on his decision have the fugitive carried off to Louisiana or Arkansas, to bondage for ever. The bill provides that the trial may be had before any such officer, "residing or being" in the State where the fugitive is found!
There were three fugitives at my house the other night. Ellen Craft was one of them. You all know Ellen Craft is a slave; she, with her husband, fled from Georgia to Philadelphia, and is here before us now. She is not so dark as Mr. Webster himself, if any of you think freedom is to be dealt out in proportion to the whiteness of the skin. If Mason's bill passes, I might have some miserable postmaster from Texas or the District of Columbia, some purchased agent of Messrs. Bruin & Hill, the great slave-dealers of the Capitol, have him here in Boston, take Ellen Craft before the caitiff, and on his decision hurry her off to bondage as cheerless, as hopeless, and as irremediable as the grave!
Let me interest you in a scene which might happen. Suppose a poor fugitive, wrongfully held as a slave—let it be Ellen Craft—has escaped from Savannah in some northern ship. No one knows of her presence on board; she has lain with the cargo in the hold of the vessel. Harder things have happened. Men have journeyed hundreds of miles bent double in a box half the size of a coffin, journeying towards freedom. Suppose the ship comes up to Long Wharf, at the foot of State Street. Bulk is broken to remove the cargo; the woman escapes, emaciated with hunger, feeble from long confinement in a ship's hold, sick with the tossing of the heedless sea, and still further etiolated and blanched with the mingling emotions of hope and fear. She escapes to land. But her pursuer, more remorseless than the sea, has been here beforehand; laid his case before the official he has brought with him, or purchased here, and claims his slave. She runs for her life, fear adding wings. Imagine the scene—the flight, the hot pursuit through State Street, Merchants' Row—your magistrates in hot pursuit. To make the irony of nature still more complete, let us suppose this shall take place on some of the memorable days in the history of America—on the 19th of April, when our fathers first laid down their lives "in the sacred cause of God and their country;" on the 17th of June, the 22d of December, or on any of the sacramental days in the long sad history of our struggle for our own freedom! Suppose the weary fugitive takes refuge in Faneuil Hall, and here, in the old Cradle of Liberty, in the midst of its associations, under that eye of Samuel Adams, the bloodhounds seize their prey! Imagine Mr. Webster and Mr. Winthrop looking on, cheering the slave-hunter, intercepting the fugitive fleeing for her life. Would not that be a pretty spectacle?
Propose to support that bill to the fullest extent, with all its provisions! Ridiculous talk! Does Mr. Webster suppose that such a law could be executed in Boston? that the people of Massachusetts will ever return a single fugitive slave, under such an act as that? Then he knows his constituents very little, and proves that he needs "Instruction."[2]