Cotton is King, and Pro-Slavery Arguments / Comprising the Writings of Hammond, Harper, Christy, Stringfellow, Hodge, Bledsoe, and Cartrwright on this Important Subject

by Unknown

"At any rate, sir," says Mr. Winthrop, "I shall vote for the amendment offered by the Senator from New Jersey, as right and just in itself, whatever may be its effects." That is to say, whatever may be the effect of a jury trial in such cases, he means to vote for it as right and just in itself! Whether this were a burst of passion merely, or the deliberate conviction of the author of it, we are not able to determine, but we shall trust it was the former. For surely such an opinion, if deliberately entertained, is creditable neither to a Senator nor to a jurist. Neither this, nor any other mode of trial, is "right in itself;" and when right at all, it is only so as a means to an end. It is only right when it subserves the great end of justice; and if it fail to answer this end it is then worse than worthless. Hence the statesman who declares that, "whatever may be the effects" of a particular mode of trial, he will nevertheless support it "as right and just in itself," thereby announces that he is prepared to sacrifice the end to the means,—a sentiment which, we venture to affirm, is more worthy of a fanatical declaimer than of the high-minded and accomplished Senator by whom it was uttered.

The great objection urged against the Fugitive Slave Law is that under it a freeman may be seized and reduced to slavery. This law, as well as every other, may, no doubt, be grossly abused, and made a cover for evil deeds. But is there no remedy for such evil deeds. Is there no protection for the free blacks of the North, except by a denial of the clear and unquestionable constitutional rights of the South? If not, then we should be willing to submit; but there is a remedy against such foul abuse of the law of Congress in question, and, as we conceive, a most ample remedy.

The master may recapture his fugitive slave. This is his constitutional right. But, in the language of the Supreme Court of New York, already quoted, if a villain, under cover of a pretended right, proceeds to carry off a freeman, he does so "at his peril, and would be answerable like any other trespasser or kidnapper." He must be caught, however, before he can be punished. Let him be caught, let the crime be proved upon him, and we would most heartily concur in the law by which he should himself be doomed to slavery for life in the penitentiary.

The Fugitive Slave Law is not the only one liable to abuse. The innocent may be, and often have been, arrested for crime; but this is no reason why the law of arrest should be abolished, or even impaired in its operation. Nay, innocent persons have often been maliciously prosecuted; yet no one, on this account, ever dreamed of throwing obstacles in the way of prosecution for crime. The innocent have been made the victims of perjury; but who imagines that all swearing in courts of justice should therefore be abolished? Such evils and such crimes are sought to be remedied by separate legislation, and not by undermining the laws of which they are the abuses. In like manner, though we wish to see the free blacks of the North protected, and would most cheerfully lend a helping hand for that purpose, yet, at the same time, we would maintain our own constitutional rights inviolate. The villain who, under cover of the law made for the protection of our rights, should seek to invade the rights of Northern freemen, is as much abhorred by us as by any abolitionists on earth. Nor, on the other hand, have we any sympathy with those who, under cover of a law to be made for the protection of the free blacks of the North, seek to invade the rights of the South. We have no sympathy with either class of kidnappers.

Is it not wonderful that, while the abolitionists of the North create and keep up so great a clamor about the danger their free blacks are in, they do so little, and ask so little, either by legislation or otherwise, in order to protect them, except in such manner, or by such legislation, as shall aim a deadly blow at the rights and interests of the South? If they really wish to protect their free blacks, and if the laws are not already sufficient for that purpose, we are more than willing to assist in the passage of more efficient ones. But we are not willing to abandon the great right which the Constitution spreads, like an impenetrable shield, over Southern property to the amount of sixteen hundred millions of dollars.

The complaint in regard to the want of protection for the free blacks of the North is without just foundation. In the case of Jack v. Martin, decided in the Court of Errors of New York, we find the following language, which is here exactly in point:—"It was contended on the argument of this cause, with great zeal and earnestness, that, under the law of the United States, a freeman might be dragged from his family and home into captivity. This is supposing an extreme case, as I believe it is not pretended any such ever has occurred, or that any complaint of that character has ever been made; at all events, I cannot regard it as a very potent argument. The same position might as well be taken in the case of a fugitive from justice. It might be assumed that he was an innocent man, and entitled to be tried by a jury of the State where he was arrested, to ascertain whether he had violated the laws of the State from which he fled; whereas the fact is, the executive of this State would feel bound to deliver up the most exalted individual in this State, (however well satisfied he might be of his innocence,) if a requisition was made upon him by the executive of another State."

In the same case, when before the Supreme Court of New York, the court said: "In the case under review, the proceedings are before a magistrate of our own State, presumed to possess a sympathy with his fellow-citizens, and where, upon the supposition that a freeman is arrested, he may readily procure the evidence of his freedom. If the magistrate should finally err in granting the certificate, the party can still resort to the protection of the national judiciary. The proceedings by which his rights have been invaded being under a law of Congress, the remedy for error or injustice belongs peculiarly to that high tribunal. Under their ample shield, the apprehension of captivity and oppression can not be alarming."

It is evident that when this opinion was pronounced by the Supreme Court of New York, it had not fathomed the depths of some men's capacity of being alarmed by apprehensions of captivity and oppression. The abolitionists will, whether or no, be most dreadfully alarmed. But the danger consists, not in the want of laws and courts to punish the kidnapper, but in the want of somebody to catch him. If he does all the mischief ascribed to him by the abolitionists, is it not wonderful that he is not caught by them? Rumor, with her thousand tongues, is clamorous about his evil deeds; and fanatical credulity, with her ten thousand ears, gives heed to the reports of rumor. But yet, somehow or other, the abolitionists, with all their fiery, restless zeal, never succeed in laying their hands on the offender himself. He must, indeed, be a most adroit, a most cunning, a most wonderful rogue. He boldly goes into a community in which so many are all eye, all ear, and all tongue, in regard to the black man's rights; he there steals a free negro, who himself has the power to tell when, where, and how, he became free; and yet, in open day, and amid ten thousand flaming guardians of freedom,[227] he escapes with perfect impunity! Is he not a most marvelous proper rogue? But perhaps the reason the abolitionists do not lay hands on him is that he is an imaginary being, who, though intangible and invisible, will yet serve just as well to create an alarm and keep up a great excitement as if he were a real personage.

§ IV. The duty of the Citizen in regard to the Constitution of the United States.

The Constitution, it is agreed on all sides, is "the supreme law of the land,"—of every State in the Union. The first duty of the citizen in regard to the Constitution is, then, to respect and obey each and every one of its provisions. If he repudiates or sets at naught this or that provision thereof, because it does not happen to agree with his own views or feelings, he does not respect the Constitution at all; he makes his own will and pleasure the supreme law. The true principle of loyalty resides not in his bosom. We may apply to him, and to the supreme law of the land, the language of an inspired apostle, that "whosoever shall keep the whole law, and yet offend in one point, he is guilty of all." He is guilty of all, because, by his willful disobedience in the one instance, he sets at naught the authority by which the whole was ordained and established.