FOOTNOTES:
[1] Vide Executive documents of the 2d Session 13th Congress.
[2] It is believed that this report was suggested by the humanity of Col. Clinch. He was reputed one of the bravest and most energetic officers in the service. He possessed an indomitable perseverance, and could probably have captured the Fort in one hour, had he desired to do so.
[3] That is the number officially reported by the officer in command, vide Executive doc. of the 13th Congress.
The Fugitive Slave Act.
Few laws have ever been passed better calculated than this to harden the heart and benumb the conscience of every man who assists in its execution. It pours contempt upon the dictates of justice and humanity. It levels in the dust the barriers erected by the common law for the protection of personal liberty. Its victims are native born Americans, uncharged with crime. These men are seized, without notice, and instantly carried before an officer, by whom they are generally hurried off into a cruel bondage, for the remainder of their days, and sometimes without time being allowed for a parting interview with their families. Such treatment would be cruel toward criminals; but these men are adjudged to toil, to stripes, to ignorance, to poverty, to hopeless degradation, on the pretence that they "owe service." This allegation all know to be utterly false, they having never promised to serve, and being legally incapable of making any contract. Every act of Christian kindness to these unhappy people, tending to secure to them the rights which our declaration of independence asserts belong to all men, is made by this accursed law a penal offence, to be punished with fine and imprisonment. Mock judges, unknown to the constitution, and bribed by the promise of double fees to re-enslave the fugitive, are commanded to decide, summarily, the most momentous personal issue, with the single exception of life and death, that could possibly engage the attention of a legal tribunal of the most august character. Yet this tremendous issue of liberty or bondage, is to be decided, not only in a hurry, but on such prima facie evidence as may satisfy the judge, and this judge, too, selected from a herd of similar creatures, by the claimant himself!! An ex parte affidavit, made by an absent and interested party, with the certificate of an absent judge that he believes it to be true, is to be received as conclusive, in the face of any amount of oral and documentary testimony to the contrary. "Can a man take fire into his bosom and not be burned?" Can a man aid in executing such a law without defiling his own conscience? Yet does this profligate statute, with impious arrogance, command "all good citizens" to assist in enforcing it, when required so to do by an official slave-catcher!
It is a singular fact, in the history of this enactment, that Mr. Mason, who introduced the bill, and Mr. Webster, who, in advance, pledged to it his support "to the fullest extent," both confessed, on the floor of Congress, that in their individual judgments, it was unconstitutional,—that is, that the constitution, as they expounded it, imposed upon the States severally, the obligation to surrender fugitive slaves, and gave Congress no power to legislate on the subject. The Supreme Court, however, having otherwise determined, these gentlemen acquiesced in its decision, without being convinced by it. It is well known how grossly Mr. Webster, in his subsequent canvass for the Presidency, insulted all who, like himself, denied the constitutionality of the law. Another significant fact in the same history is, that the law was passed by a minority of the House of Representatives. Of 232 members, only 109 recorded their names in its favor. Many, deterred either by scruples of conscience or doubts of the popularity of the measure, declined voting, while party discipline prevented them from offering to it an open and manly resistance. A third fact in this history, worthy to be remembered, is, that the advocates of the law are conscious that its revolting provisions would not bear discussion, forced its passage under the previous question, thus preventing any remarks on its enormities—any appeals to the consciences of the members—against the perpetration of such detestable wickedness.