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The Fugitive Slave Law

Frederick Douglass was born into slavery on a plantation in Maryland. He was separated from his mother as an infant and only saw her a few times before she died when he was still just seven years old. life. In an unlikely turn of events since owners generally tried to keep the people they claimed to own ignorant, Douglass learned to read and write in his youth. The material he was thereby able to consume was influential in the development of his own ideas regarding human rights and liberty.

As a young man, he made his escape from Maryland, through Delaware, to Pennsylvania and then on to New York with the aid of a free black woman named Anna Murray. They married eleven days after he arrived in New York, finally moving to Massachusetts. He joined the African Methodist Episcopal Zion Church and became a preacher, developing powerful oratorical skills that he put to the task of publicly damning slavery in no uncertain terms.

In this speech, delivered to the National Free Soil Convention at Pittsburgh on 11 August 1852, Douglass did not mince words as he advocated plainly for the equal rights of black men to self-ownership, and their equal right to arm themselves to defend their rights if necessary. Among the points he made in the speech was that livestock were better protected by the trial by jury as implemented at the time than black men were. 

For historical context, this speech was contemporaneous with Spooner's An Essay on the Trial by Jury, which was published in 1852.

 

 

The Fugitive Slave Law

Speech by Frederick Douglass to the National Free Soil Convention at Pittsburgh, 11 August 1852

Gentlemen, I take it that you are in earnest, and mean all you say by this call, and therefore I will address you. I am taken by surprise, but I never withhold a word on such an occasion as this. The object of this Convention is to organize a parry, not merely for the present, but a party identified with eternal principles and therefore permanent. I have come here, not so much of a free soiler as others have come. I am, of course, for circumscribing and damaging slavery in every way I can. But my motto is extermination—not only in New Mexico, but in New Orleans—not only in California but in South Carolina. No where has God ordained that this beautiful land shall be cursed with bondage by enslaving men. Slavery has no rightful existence anywhere. The slaveholders not only forfeit their right to liberty, but to life itself.—[Applause.] The earth is God's, and it ought to be covered with righteousness, and not slavery. We expect this great National Convention to lay down some such principle as this. What we want is not a temporary organization, for a temporary want, but a firm, fixed, immovable, liberty party. Had the old liberty parry continued true to its principles, we never should have seen such a hell born enactment as the Fugitive Slave Law.

In making your Platform, nothing is to be gained by a timid policy. The more closely we adhere to principle, the more certainly will we command respect. Both National Conventions acted in open contempt of the antislavery sentiment of the North, by incorporating, as the corner stone of their two platforms, the infamous law to which I have alluded—a law which, I think, will never be repealed—it is too bad to be repealed—a law fit only to trampled under foot, (suiting the action to the word). The only way to make the Fugitive Slave Law a dead letter is to make half a dozen or more dead kidnappers. [Laughter and applause.] A half dozen more dead kidnappers carried down South would cool the ardor of Southern gentlemen, and keep their rapacity in check. That is perfectly right as long as the colored man has no protection. The colored men's rights are less than those of a jackass. No man can take away a jackass without submitting the matter to twelve men in any part of this country. A black man may be carried away without any reference to a jury. It is only necessary to claim him, and that some villain should swear to his identity. There is more protection there for a horse, for a donkey, or anything, rather than a colored man—who is, therefore, justified in the eye of God, in maintaining his right with his arm.

A Voice.—Some of us do not believe that doctrine.

Douglass.—The man who takes the office of a bloodhound ought to be treated as a bloodhound; and I believe that the lines of eternal justice are sometimes so obliterated by a course of long continued oppression that it is necessary to revive them by deepening their traces with the blood of a tyrant. [Much applause.] This Fugitive Slave Law had the support of the Lords, and the Coxes, the Tyngs, the Sharps and the flats. [Laughter.] It is nevertheless a degradation and a scandalous outrage on religious liberty; and if the American people were not sunk into degradation too deep for one possessing so little eloquence as I do to describe, they would feel it, too. This vile, infernal law does not interfere with singing of psalms, or anything of that kind, but with the weightier matters of the law, judgment, mercy, and faith. It makes it criminal for you, sir, to carry out the principles of Christianity. It forbids you the right to do right—forbids you to show mercy—forbids you to follow the example of the good Samaritan.

Had this law forbidden any of the rites of religion, it would have been a very different thing. Had it been a law to strike at baptism, for instance, it would have been denounced from a 1000 pulpits, and woe to the politician who did not come to the rescue.—But, I am spending my strength for nought; what care we for religious liberty? what are we—an unprincipled set of knaves. [Laughter.] You feel it to be so. Not a man of you that looks a fellow Democrat or Whig in the face, but knows it. But it has been said that this law is constitutional—if it were, it would be equally the legitimate sphere of government to repeal it. I am proud to be one of the disciples of Gerrit Smith, and this is his doctrine; and he only utters what all law writers have said who have risen to any eminence. Human government is for the protection of rights; and when human government destroys human rights, it ceases to be a government, and becomes a foul and blasting conspiracy; and is entitled to no respect whatever.

It has been said that our fathers entered into a covenant for this slavecatching. Who were your daddies? [Laughter.] I take it they were men, and so are you. You are the sons of your fathers; and if you find your fathers exercising any rights that you don't find among your rights, you may be sure that they have transcended their limits. If they have made a covenant that you should do that which they have no right to do themselves, they transcended their own authority, and surely it is not binding on you. If you look over the list of your rights, you do not find among them any right to make a slave of your brother. [Many cries of "no, no, no—and so say we, all of us."]

Well, you have just as good a right to do so as your fathers had. It is a fundamental truth that every man is the rightful owner of his own body. If you have no right to the possession of another man's body your fathers had no such right. But suppose that they have written in a constitution that they have a right, you and I have no right to conform to it. Suppose you and I had made a deed to give away two or three acres of blue sky; would the sky fall—and would anybody be able to plough it? You will say that this is an absurdity, and so it is. The binding quality of law, is its reasonableness. I am safe, therefore, in saying, that slavery cannot be legalized at all. I hope, therefore, that you will take the ground that this slavery is a system, not only of wrong, but is of a lawless character, and cannot be christianized nor legalized. [Applause.]

Can you hear me in that end of the hall now? [Laughter and applause.] I trust that this Convention will be the means of laying before the country the principles of the Liberty Party which I have the honor to represent, to some extent, on this floor. Slavery is such a piracy that it is known neither to law nor gospel—it is neither human nor divine—a monstrosity that cannot be legalized. If they took this ground it would be the handwriting on the wall to the Belshazzars of the South. It would strip the crime of its legality, and all the forms of law would shrink back with horror from it. As I have always an object when speaking on such subjects as this, I wish you to supply yourselves with Gerrit Smith's pamphlet on civil government, which I now hold in my hand. I thought you doubted the impossibility of legalizing slavery. [Cries of no.]

Could a law be made to pass away any of your individual rights? No. And so neither can a law be made to pass away the right of the black man. This is more important than most of you seem to think. You are about to have a party, but I hope not such a party as will gather up the votes, here and there, to be swallowed up at a meal by the great parties. I think I know what some leading men are now thinking. We hear a great deal of the independent, free democracy—at one time independent and another time dependent—but I want always to be independent, and not hurried to and fro into the ranks of Whigs or Democrats. It has been said that we ought to take the position to gain the greatest number of voters, but that is wrong.

We have had enough of that folly. It was said in 1848 that Martin Van Buren would carry a strong vote in New York; he did so but he almost ruined us. He merely looked at us as into the pigpen to see how the animal grew; but the table was the final prospect in view; he regarded the Free Soil party as a fatling to be devoured. [Great laughter.] Numbers should not be looked to so much as right. The man who is right is a majority. He who has God and conscience on his side, has a majority against the universe. Though he does not represent the present state, he represents the future state. If he does not represent what we are, he represents what we ought to be. In conclusion, this party ought to extend a hand to the noble, self-sacrificing patriot—glorious Kossuth. But I am a voting delegate, and must now go to the convention. You will excuse me for breaking off so abruptly.


Source:
This speech is in the public domain and can be found in the collection of Frederick Douglass' writings hosted by The Frederick Douglass Project at the University of Rochester.