Read in a the calmer light of after years the effectiveness of this
speech is hard to understand. The literal difference between the
recent act and the law of 1793, was not great. But the difference
between the ethical views of slavery held by the people in 1850
and those held in 1793 was not to be measured. The changes in the
law were vicious and in the opposite direction from the radical
changes in popular sentiment. The specially odious provision of
the new law, distinguishing it from general extradition statutes,
was that forbidding resort to the writ of habeas corpus by the
alleged fugitive at the place where seized. The fugitive from
justice in California seized in Chicago could, on writ of habeas
corpus issued by an Illinois court, have it judicially determined
before his deportation whether the facts charged against him
constituted a crime and whether thee was probable cause to believe
that he had committed it.
Under the new law the Federal Commissioner of the State where the
arrest was made had no power to inquire into the truth or sufficiency
of the charge. He could only determine whether the person arrested
was probably the one who had committed the escape, and must decline
to hear the testimony of the fugitive himself. The fact of escape
was judicially determined in advance, ex parte, in the State from
which it had been made, and the alleged fugitive was remanded to
that State for such further proceedings as its laws might provide
and "no process issued by any Court, Judge, Magistrate or other
person whomsoever" could molest the captor in bearing away his
prize.
The speech was adroit, clever and marvelously effective. It
strikingly illustrates the mental habits of the times. It sought
to stem an irresistible moral current with ingenious plausibilities
and appeals to precedent. It treated the question as one of
political expediency. It sounded no moral depths, discussed no
ethical problem, though the country was aflame with moral indignation
and rising passionately against the ethics of the past. It mastered
the audience by its fidelity to literal truth and sent them home
dazed, troubled, doubtful and ashamed. At the close of the speech
resolutions affirming the duty of Congress to pass the Fugitive
Slave Law and that of citizens to obey and support it, and repudiating
those of the Common Council, were presented and unanimously
adopted by the subdued and humbled crowd. On the following night
the Council repealed their offensive resolutions.
Public-domain text, read in full here on John Shaqi.
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