第 6 节
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天马行空 更新:2021-02-21 14:37 字数:9322
in other words; leaving the ordinance of Nature and will of God to manifest themselves。 But Webster had then opposed Cass' election and denounced his doctrines and proposed policies。 The Whigs; having run counter to the overwhelming popular sentiment in their unpatriotic opposition to the Mexican War; found themselves ruined。 They chose a distinguished soldier of that war President; and hoped to rally by adopting this Democratic doctrine。
He accused Seward of carrying New York for the Whigs in the late election by assuring them that Taylor; though a slave…holder; would approve the legislative monstrosity known as the Wilmot proviso; excluding slavery forever from the new Territories。 But Taylor had ignored Seward's promise。 New York's vote had elected Taylor and a few weeks later Seward was chosen Senator。 Taylor was made President and Seward Senator by the latter's successful fraud。
Calhoun's charge of Northern aggression and encroachment he met with a sweeping denial。 Neither the North nor the South as such had any right in the Territories; but all the people of the States had equal rights there。 The Ordinance of 1787; denounced by Calhoun as a Northern aggression on Southern rights; was voted for by every Southern State。 That Ordinance did not; in fact; exclude the South; or even slavery; from the Northwest Territory。 A majority of the settlers in Ohio; Indiana and Illinois were from the South。 Slavery had actually existed in Indiana and Illinois and had but recently disappeared。 The Missouri Compromise was not an act of Northern aggression; but was passed by a united South which had made repeated efforts to extend it to the Pacific。 The exclusion of slavery from Oregon was not an act of Northern aggression; but the work of the settlers during the period of joint occupancy under the treaty with Great Britain; and should be accepted by the anti…slavery agitators as proof of the wisdom of popular sovereignty。 the objection that the people of the South were forbidden to emigrate with their property to the new Territories was simply a complaint that they could not carry the laws of their States with them; but must be governed by the laws of their new domicile。 Calhoun's project of maintaining an equilibrium between free and slave States or of compelling States to accept or retain slavery against their will was impossible。
At the organization of the Government twelve of the thirteen States had slavery。 but six of them voluntarily abolished it。 Delaware; Maryland; Missouri; Kentucky; North Carolina; and Tennessee would yet adopt the system of gradual emancipation。 Seventeen free States would soon be formed out of the territory between the Mississippi and the Pacific。 Where would they find slave territory with which to balance these States? If Texas were divided into five States; three of them would be free。 If Mexico were annexed; twenty of her twenty…two States would be free by the ordinance of Nature or the will of God。 He urged the duty of promptly providing governments for the unorganized domain and closed with a graceful tribute to Clay and the prediction that the Territories would soon be organized; California admitted and the controversy ended forever。
There were three generically distinct groups of statesmen participating in this great debatethe aggressive; unyielding men of the South to whom slavery was dearer than the Union; the temporizing politicians of the North and the border; with their compromises and concessions; hoping to save the Union by salving its wounds; and the stern Puritans of the North; bent on rooting out the sins of the Nation; through the heavens fell。
The climax of the debate was now past; but it continued to agitate Congress until the middle of September。 President Taylor; who had exerted his influence against the Compromise; died on July 9th; and was succeeded by Fillmore; who at once called Webster to the head of his Cabinet and turned the Executive influence to the support of the bill。 It proved impossible; even with his help; to pass it as a whole; but after it had gone to wreck its fragments were gathered up and each of the several bills which were jumbled together in the 〃Omnibus〃 was passed。 The great Compromise was accomplished and the slavery question declared settled forever。
Chapter V。 Results of the Fugitive Slave Law。
In 1850 Douglas moved to Chicago; which had become the chief city of the State。
The people were greatly exasperated by the passage of the Fugitive Slave Law。 The City Council; on October 21st; passed resolutions harshly condemning the Senators and Representatives from the free States who had supported it and 〃those who basely sneaked away from their seats and thereby evaded the question;〃 classing them with Benedict Arnold and Judas Iscariot。 This was a personal challenge to Douglas。 It happened that he was absent from the Senate on private business when the bill was passed。 But the charge of evading the question was grossly unjust。
On the evening of the 22nd a mass meeting was held at the city hall; attended by a great concourse of angry citizens; who; amid tumultuous applause; resolved to defy 〃death; the dungeon and the grave〃 in resisting the hated law。 Douglas appeared on the platform and announced that on the following evening he would address the people in defense of the Fugitive Slave Law and the entire Compromise。 The announcement was received with a storm of hisses and groans。
The next night an enormous multitude gathered to hear him。 The audience was not only sullen but bitterly hostile。 After a contemptuous reference to the resolutions and a brief vindication of himself against their insinuations; he plunged into the defense of the law。 He insisted that the provision for the return of fugitive slaves contained in the recent act was analogous to the general provision of law for the return of fugitives from justice; and; while abuses of the process might occur and wrong occasionally inflicted; that was one of the inherent infirmities of human law; and the same objection could be urged with equal force to all extradition statutes。 While free blacks might be seized in the North and carried South on the false charge of being fugitives from service; innocent white men might also be seized in Chicago and carried to California on the false charge of being fugitives from justice。
He reminded them that the law of 1850 was substantially a reenactment of that of 1793; passed by the Revolutionary Fathers; the founders of the Constitution; and approved by President Washington。 He did not argue; but assumed the justice of the old law; nor did he allude to the increased ardor of pursuit of fleeing slaves since their increase in value。 He rested his case on the close resemblance of the letter of the new law to that of the old。 He told them that the duty of returning fugitive slaves was created not by THIS law; but by the Constitution; and that the real question was not as to the existence of the duty; but which law performed it most justly and efficiently。
A listener asked him whether the Constitution was not in violation of the will of God。 He warned them of the danger of that objection; arising from the difficulty of authentically ascertaining the will of God。 It was not practicable to allow each citizen to determine it for himself。 Hence; certain fundamental principles had been established as a Constitution; which must be assumed to be in harmony with it and from which no appeal lay。 The Constitution provided for the return of fugitive slaves。 The sacred duty of citizenship bound them to support it。 Appeals to a higher law were impracticable and a mere evasion of duty。
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 wh