William Jay and the Constitutional Movement for the Abolition of SlaveryTuckerman, Bayard
History
William Jay and the Constitutional Movement for the Abolition of Slavery
Tuckerman, Bayard
Antislavery movements -- United States; Jay, William, 1789-1858; United States -- Politics and government -- 1815-1861
To give such assistance as he could to a fugitive slave had always been
regarded by Judge Jay as a duty. "The slaveholders," he had written,
"with their accustomed impudence and mendacity, apply the term _theft_
to the humane and Christian efforts to assist a slave in escaping from
his home of bondage. In their sense of the expression, I glory in being
a slave-stealer, and I inculcate upon my children the duty, the
Christian duty, of this kind of theft." He had sheltered and aided many
runaways at his home at Bedford, and his will contained a bequest of a
thousand dollars to be used for this purpose. His son John gave his
services as a lawyer constantly and successfully to prevent the return
of fugitive slaves.
When the Fugitive-Slave Bill became a law Judge Jay was applied to by
many individuals, societies, and periodicals to give his views
concerning it. "The law," he said in a private letter, "is an outrage
upon the Constitution of our country and the precepts of our religion.
It is a burlesque on justice and on all the acknowledged rules of
evidence in the trial of issues. The demand it makes upon individual
citizens to aid in hunting and enslaving their fellow-men is diabolical.
I have made up my mind to suffer imprisonment and the spoiling of my
goods rather than hazard my soul by rendering any active obedience to
this sinful law. It is horrible that so many of our fashionable cotton
divines are now preaching up the supremacy of human law and virtually
dethroning Him whose ambassadors they profess to be."
"In my opinion, every Northern slave-catcher is a base man, and every
lawyer who takes reward against the innocent is a disgrace to a noble
profession. I myself shall offer no forcible resistance against the
execution of this most wicked law, but I trust that, through the grace
of God, I would go to the scaffold sooner than obey it."
Concerning the constitutionality of the law, Judge Jay wrote to Josiah
Quincy: "The fugitive-slave clause in the Constitution is of course
obligatory, but there is a wide distinction between the fugitive-slave
_clause_ and the fugitive-slave _law_. The Constitution gives no power
to Congress to legislate on the subject, but imposes on the States the
obligation of rendition. Chief-Justice Hornblower, of New York, and
Chancellor Walworth, of New York, long since pronounced the fugitive law
of '93 unconstitutional on this very ground."
The demoralization caused by the execution of the law was described by
Jay in a letter to Gerrit Smith: "It is scoundrelizing our people.
Cruelty and injustice are cultivated as virtues, Christian love and
sympathy with human suffering are treated as prejudices to be conquered,
and zeal in hunting slaves is made the test of patriotism and of fitness
for office. But the most diabolical effect of the law is the competition
it has excited among our politicians to offer the blood of their
fellow-citizens in exchange for Southern votes."
Public-domain text, read in full here on John Shaqi.
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