2. After Mr. Webster had made his speech of March 7, 1850, pledging himself and his State to the support of the fugitive slave bill, then before Congress, "to the fullest extent," Thomas B. Curtis, with the help of others, got up a letter to Mr. Webster, dated March 25, 1850, signed, it is said, by 987 persons, who say: "We desire to express to you our deep obligations for what this speech has done and is doing." "You have pointed out to a whole people the path of duty, have convinced the understanding and touched the conscience of the nation." "We desire, therefore, to express to you our entire concurrence in the sentiments of your speech."
3. A little later, Mr. Webster returned to Boston, and was "rapturously received" at the Revere House, April 29, 1850, by a "great multitude," when Benjamin R. Curtis made a public address, and expressed his "abounding gratitude for the ability and fidelity" which Mr. Webster had "brought to the defence of the Constitution and of the Union," and commended him as "eminently vigilant, wise, and faithful to his country, without a shadow of turning."
4. Presently, after the passage of the fugitive slave bill, at a dinner party, at the house of a distinguished counsellor of Boston, Charles P. Curtis declared that he hoped the first fugitive slave who should come to Boston would be seized and sent back!
5. Charles P. Curtis and his step-brother Edward G. Loring, and George T. Curtis, defended the fugitive slave bill by writing articles in the Boston Daily Advertiser.
6. In November, 1850, the slave-hunters, thus invited and encouraged, came to Boston, seeking to kidnap William and Ellen Craft: but they in vain applied to Commissioner Benj. F. Hallett, and to Judges Woodbury and Sprague, for a warrant to arrest their prey. Finally, they betook themselves to Commissioner George T. Curtis, who at once agreed to grant a warrant; but, according to his own statement, in a letter to Mr. Webster, Nov. 23, 1850, as he anticipated resistance, and considered it very important that the Marshal should have more support than it was in his power as a Commissioner to afford, he procured a meeting of the Commissioners, four in number, and with their aid succeeded in persuading the Circuit Court, then in session, to issue the warrant.
Gentlemen, as that letter of Mr. George T. Curtis contains some matters which are of great importance, you will thank me for refreshing your memory with such pieces of history.
"An application [for a warrant to arrest Mr. Craft] had already been made to the judges [Messrs. Woodbury and Sprague] privately ... they could not grant a warrant on account of the pendency of an important Patent Cause then on trial before a jury." "To this I replied, that ... the ordinary business of the Court ought to give way for a sufficient length of time, to enable the judges to receive this application and to hear the case." "On a private intimation to the presiding judge of our desire to confer with him [the desire of the kidnapping commissioners, Mr. B.F. Hallett, Mr. Edward G. Loring, Mr. C.L. Woodbury, and Mr. G.T. Curtis] the jury were dismissed at an earlier hour than usual, ... and every person present except the Marshal's deputies left the room, and the doors were closed." "The learned Judge said ... that he would attend at half past eight the next morning, to grant the warrant." "A process was placed in the hands of the Marshal ... in the execution of which he might be called upon to break open dwelling-houses, and perhaps take life, by quelling resistance, actual or threatened." "I devoted at once a good deal of time to the necessary investigations of the subject." "There is a great deal of legislation needed to make the general government independent of State control," says this "Expounder of the Constitution," "and independent of the power of mobs, whenever and wherever its measures chance to be unpopular." "The office of United States Marshal is by no means organized and fortified by legislation as it should be to encounter popular disturbance."
7. The warrant having been issued for the seizure of Mr. Craft, Marshal Devens applied to Benjamin R. Curtis for legal advice as to the degree of force he might use in serving it, and whether it ought to be regarded as a civil or a criminal process. George T. Curtis was employed by his brother to search for authorities on these points. They two, together, as appears from the letter of George T. Curtis to Mr. Webster, induced Marshal Devens to ask a further question, which gave Benjamin R. Curtis an opportunity to come out with an elaborate opinion in favor of the constitutionality of the fugitive slave bill, dated November 9, 1850. This was published in the newspapers. In order to maintain the constitutionality of this act, Benjamin R. Curtis was driven to assume, as all its defenders must, that the Commissioner, in returning the fugitive, performs none of the duties of a Judge; that the hearing before him is not "a case arising under the laws of the United States;" that he acts not as a judicial, but merely as an executive and "ministerial" officer—not deciding him to be a slave, but merely giving him up, to enable that point to be tried elsewhere.[186] But, spite of this opinion, public justice and the Vigilance Committee forced the (Southern) slave-hunters to flee from Boston, after which, Mr. and Mrs. Craft left America to find safety in England, the evident rage and fierce threats of the disappointed Boston slave-hunters making it unsafe for them to remain.
8. After the failure of this attempt to arrest Mr. Craft, Thomas B. Curtis got up a "Union Meeting" at Faneuil Hall, November 26, 1850.[187] The call was addressed to such as "regard with disfavor all further popular agitation" of the subject of Slavery. Thomas B. Curtis called the meeting to order: William W. Greenough, from the "Committee of Arrangements," presented the resolutions, which you have already heard.[188] It was said at the time that they were written, wholly or in part, by Mr. Benjamin R. Curtis, who moved their adoption and made a long and elaborate speech thereon.