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us such slaves as had escaped from rangement, whereby fugitive slaves, who our coast to her cruisers, during the

have taken refuge in the Canadian provinces

of that Government, may be surrendered progress of the war. And, under by the functionaries thereof to their masthis treaty, after a tedious controver ters, upon making satisfactory proof of their sy, Great Britain—refusing, of course,

ownership of said slaves." to surrender persons who had fled A Presidential Election was then from her enemies to her protection- imminent, and neither party willing was compelled, in 1818, on the award to provoke the jealousy of the Slave of Alexander I. of Russia to pay over Power: so this disgraceful resolve to us no less than twelve hundred passed the House without a division. thousand dollars, to be divided among In 1826, Joel R. Poinsett, our Minour bereft slaveholders. Before this ister to Mexico, acting under instrucsum was received (1826–7), our Gov- tions from Mr. Clay, negotiated with ernment had made application to the the Mexican Government a treaty for British for a mutual stipulation, by the mutual restoration of runaway treaty, to return fugitives from labor. slaves, but the Mexican Senate refuBut, though Great Britain, through sed to. ratify it.' In 1831 (January her colonies, was then a slave-holding 3), the brig Comet, a regular slaver nation, she peremptorily declined the from the District of Columbia, on proposed reciprocity. The first ap- her voyage to New Orleans, with a plication for such a nice arrange- cargo of 164 slaves, was lost off the ment was made by Mr. Gallatin, our island of Abaco. The slaves were Minister at London, under instruc- saved, and carried into New Provitions from Mr. Clay, as Secretary of dence, a British port, whose authoriState, dated June 19, 1826. On the ties immediately set them at liberty. 5th of July, 1827, Mr. Gallatin com- And in 1833 (February 4), the brig municated to his Government the Encomium, from Charleston to New final answer of the British Minister, Orleans with 45 slaves, was also that "it was utterly impossible for wrecked near Abaco, and the slaves, them to agree to the stipulation for in like manner, carried into New the surrender of fugitive slaves;" and, Providence, and there declared free. when the application was renewed In February, 1835, the Enterprise, through our next Minister, Mr. another slaver from the Federal DisJames Barbour, the British Minister trict, proceeding to Charleston with conclusively replied that 56 the law of 78 slaves, was driven in distress into Parliament gives freedom to every Bermuda, where the slaves were imslave who effects his landing on Brit- mediately set at liberty. After long ish ground." Yet a Democratic and earnest efforts on the part of our House of Representatives, in 1828, Government, the British Cabinet re(May 10), requested the President luctantly consented to pay for the car

« To open a negotiation with the British goes of the Comet and Encomium, Government, in the view to obtain an ar-expressly on the grounds that Slavery

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DESTRUCTION OF A FORT İN FLORIDA.

177

still existed in the British West In- ' “Three hundred negroes, men, women, and dies at the time their slaves were lib

children, and about twenty Indians, were in

the fort; of these two hundred and seventy erated; but refused to pay for those

were killed, and the greater part of the rest of the Enterprise, or any other slaver mortally wounded." that might be brought on British soil Commodore Patterson, in his offisubsequently to the passage of her cial letter to the Secretary of the Emancipation act. Importunity and Navy, expressly justifies the destrucmenace were alike exhausted by our tion of this fort on the ground of diplomatists down to a recent period, its affording a harbor “for runaway but to no purpose. Great Britain slaves and disaffected Indians:” addstubbornly refused either to unite ing, “they have no longer a place to with us in a reciprocal surrender of fly to, and will not be so liable to fugitive slaves to their masters, or in abscond.” paying for such as, by their own ef The resistance interposed by Gen. forts, or through the interposition of Cass, our Minister at Paris in 1840– Providence, might emerge from Amer. | 41, to the treaty negotiated between ican bondage into British liberty. the Great Powers, conceding a mutu

Our repeated invasions of Florida, al right to search on the slave-coast while a Spanish colony, our purchase of Africa, with a view to the more of that colony from Spain, and our effectual suppression of the Slaveunjust, costly, and discreditable wars Trade, though cloaked by a jealousy upon her Aboriginal tribes, were all of British maritime preponderance, prompted by a concern for the inter- was really a bid for the favor of the ests and security of the slaveholders Slave Power. The concession, by of southern Georgia and Alabama, our Government, of the right to whose chattels would persist in fol- search, since that Government has lowing each other out of Christian passed out of the hands of the devobondage into savage freedom. Gen. tees of Slavery, is suggestive. It Jackson, in 1816, wrote to Gen. was American Slavery, not AmeriGaines with respect to a fort in can commerce, that dreaded the visFlorida, then a Spanish possession : itation of our vessels on the western

"If the fort harbors the negroes of our coast of central Africa by National citizens, or of friendly Indians living within cruisers, intent on the punishment of our territory, or holds out inducements to the slaves of our citizens to desert from

a crime which had already been protheir owners' service, it must be destroyed. nounced piracy by the awakened Notify the Governor of Pensacola of your conscience of Christendom. advance into his territory, and for the express purpose of destroying these lawless

In fact, so long as more than one banditti."

| hundred members of Congress were Gen. Gaines, for some reason, did chosen to represent, to advance, and not execute this order; but a gun to guard, before all else, the interests boat, sent up the Apalachicola river of Slavery, and one hundred electoby our Commodore Patterson, on the ral votes were controlled, primarily, 27th of July, attacked and destroyed by that interest, it was morally imposthe fort by firing red-hot shot, explo-sible that our Government should not ding its magazine. The result is thus be warped into subserviency to our summed up in the official report: National cancer. A peculiar insti

tution,' creating and upholding the people. In the Annexation of Texas, title to a species of property valued and in the reasons officially adduced at Four Thousand Millions of dollars, therefor, it challenged the regard of could hardly fail to make itself re- mankind and defied the consciences spected and influential in every de- of our own citizens as a great Napartment of the public service, and tional interest, to the protection of through every act of the Federal which, at all hazards and under all authorities calculated to affect its circumstances, our Government was stability, its prosperity, or its power. inflexibly committed, and with whose

But, up to this time, Slavery had fortunes those of our country were sought and obtained the protection inextricably blended. For the first and championship of the Federal time, our Union stood before the Government expressly as a domestic nations, not merely as an upholder, institution as an important interest but as a zealous, unscrupulous propaof a certain portion of the American gandist of Human Slavery.

XIII.

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THE MISSION OF SAMUEL HOAR. THE Federal Constitution (Art. When this Article was under coniv. $ 2) provides that « The citizens sideration, the delegates from South “ of each State shall be entitled to all Carolina moved to amend by insert" the privileges and immunities of ing the word " white" between “ citizens in the several States." 6 free” and “ inhabitants;" which

This is plainly condensed from the was emphatically negatived -- only corresponding provision of the Arti- two States voting for it: so it was cles of Confederation, adopted in determined that States had, or might 1778, and thenceforth our bond of have, citizens who were not " white," Union, until superseded in 1787–8 and that these should be entitled to by the Federal Constitution afore- all the privileges of citizens in every said. That provision is as follows: other State.

"Art. 4. The better to secure and per- ! We have seen that Congress, in petuate mutual friendship and intercourse among the people of the different States in

1821, resisted the attempt of Misthe Union, the free inhabitants of each souri to prohibit the immigration State - paupers, vagabonds, and fugitives

of free colored persons, deeming it a

of free from justice excepted — shall be entitled to all the privileges and immunities of free palpable violation of that requirecitizens in the several States; and the peo-ment of the Federal Constitution ple of each State shall have free ingress and egress to and from any other State, and

above quoted ; and would not ad. shall enjoy therein all the privileges of trade mit that State into the Union until, and commerce, subject to the same duties,

by a second compromise, she was reimpositions, and restrictions, as the inhabitants thereof respectively."

quired to pledge herself that her SOUTH CAROLINA IMPRISONING SE AMEN. 179 Legislature should pass no act "byl North Carolina allowed her free 66 which any of the citizens of either negroes, who possessed the requisite 66 of the States should be excluded qualifications in other respects, to 6 from the enjoyment of the privi- vote, regardless of their color, down " leges and immunities to which they to about 1830. Their habit of vot6 are entitled under the Constitution ing for the Federal or Whig candi“ of the United States.” There was dates, and against the Democratic, no question pending, no proscription was a subject of frequent and jocular or exclusion meditated, but that af- remark—the Whigs insisting that fecting colored persons only; and the instincts of the negro impelled Congress, by the above action, clear- him uniformly to associate, so far as ly affirmed their right, when citizens practicable, with the more gentleof any State, to the privileges and manly portion of the white race. immunities of citizens in all other. In the year 1835, the Legislature States. .

1 Page 80.

of South Carolina saw fit to pass an The assumption that negroes are act, whereby any and every colored not, and cannot be, citizens, is abund person found on board of any vessel antly refuted by the action of several entering one of her ports was to be of the Slave States themselves. Till forthwith seized by her municipal within a recent period, free negroes officers, and lodged in jail; there to were not merely citizens, but electors, remain until the vessel should be of those States—which all citizens cleared for departure, when said are not, or need not be. John Bell, colored person or persons should be when first elected to Congress, in restored to said vessel, on payment 1827, running out Felix Grundy, re- of the cost and charges of arrest, deceived the votes of several colored tention, and subsistence. electors, and used, long after, to con- This act necessarily bore with fess his obligation to them.

great hardship on the colored sea

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2 December 19th.

in every such case it shall be the duty of the

sheriff aforesaid, immediately on the apprehen3 The following is a portion of the act in ques

sion of any free negro or person of color, to tion:

cause said captain to enter into a recognizance, “II. And be it further enacted by the authority with good and sufficient security, in the sum of aforesaid, That it shall not be lawful for any | one thousand dollars, for such free negro or free negro, or person of color, to come into this slave so brought into this State, that he will State, on board any vessel, as a cook, steward, comply with the requisitions of this act; and or mariner, or in any other employment on that, on his neglect, or refusal, or disability to board such vessel; and, in case any vessel shall do the same, he shall be compelled by the shearrive in any port or harbor of this State, from riff aforesaid to haul said vessel into the stream, any other State or foreign port, having on board one hundred yards distant from the shore, and any free negro or person of color, employed on | remain until said vessel shall proceed to sea. board such vessel as a cook, steward, or mari- | And if said vessel shall not be hauled off from ner, or in any other employment, it shall be the the shore as aforesaid on the order of the sheriff duty of the sheriff of the district in which such aforesaid, the captain or commanding officer of port or harbor is situated, immediately on the said vessel shall be indicted therefor, and, on arrival of such vessel, to apprehend such free conviction, forfeit and pay one thousand dollars, negro or person of color, so arriving contrary to and suffer imprisonment not exceeding six this Act, and to confine him or her closely in months. jail, until such vessel shall be hauled off from "III. And be it further enacted by the authority the wharf, and ready to proceed to sea. And aforesaid, That whenever any free negro or perthat, wlien said vessel is ready to sail, the cap- son of color shall be apprehended or committed tain of the said vessel shall be bound to carry to jail, as having arrived in any vessel in the away such free negro or person of color, and to capacity of cook, steward, mariner, or otherwise, pay the expenses of his or her detention. And | contrary to this Act, it shall be the duty of the

men, cooks, etc., of Northern vessels the fact, and stating the purpose of trading to Charleston. Massachu- his mission to be, “the collecting setts, therefore, at length resolved, and transmission of accurate informathrough the action of her Legisla- tion respecting the number and the ture,4 to test its constitutionality by names of citizens of Massachusetts, instituting legal proceedings, which who have heretofore been, or may should bring it ultimately to an ad-be, during the period of the engagejudication by the Supreme Court of ment of the agent, imprisoned withthe United States. To this end, out the allegation of any crime.” Gov. Briggs appointed Hon. Sam- He further stated that he was auuel Hoar-one of her most emi- thorized to bring and prosecute one nent and venerable citizens, who had or more suits in behalf of any citizen served her with honor in many im- so imprisoned, for the purpose of portant trusts, including a seat in having the legality of such imprisonCongress—to proceed to Charleston, ment tried and determined in the and there institute the necessary pro- Supreme Court of the United States. ceedings, in order to bring the mat- | The next morning, Mr. Hoar callter to judgment. Mr. Hoar accepted ed on Mr. Eggleston, who had been this new duty, and left home accord appointed to the same agency before ingly in November, 1844, for Charles- him, and requested of him an introton; reaching that city on the 28th duction to the Mayor of Charleston, of that month. So utterly unsuspect- his object being to procure access to ing was he of giving offense, or pro- the records of orders or sentences, voking violence, that his young under which citizens of Massachudaughter accompanied him.

setts, it was understood, had been On the day of his arrival, Mr. imprisoned. Mr. Eggleston acceded Hoar addressed a letter to the Gov to his request, but said it would be ernor of South Carolina, announcing best that he should first see the

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sheriff, during the confinement in jail of such | land or by water, after having been warned as free negro or person of color, to call upon some aforesaid, shall be dealt with as the first section justice of the peace or quorum, to warn such of this Act directs in regard to persons of color, free negro or person of color never to enter the who shall migrate, or be brought, into this said State after he shall have departed there- State." from, and such justice of the peace, or quorum, shall, at the time of warning such free negro, or . It may be as well to add that the penalty of person of color, insert his or her name in a the first section referred to, is corporal punishbook, to be provided for that purpose by the ment for the first offense; "and if, after said sheriff, and shall therein specify his or her age,

sentence or punishment, such free negro or peroccupation, hight, and distinguishing marks ;

son of color shall still remain in the State longer which book shall be good and sufficient evidence to such warning; and said book shall be a pub

than the time allowed, or, having left the State, lic record, and be subject and open to the exam shall thereafter return to the same, upon proof ination of all persons who may make application and conviction thereof before a court, to be conto the clerk of the court of general sessions, in

stituted as hereinbefore directed, he or she shall whose office it shall be deposited. And such

be appropriated and applied, one half thereof to the justice shall receive the sum of two dollars, payable by the captain of the vessel in which said use of the State, and the other half to the use of the free negro or person of color shall be introduc informer." ed into this State, for the services rendered in making said entry. And every free negro, or

4 Resolves of March 24, 1843, and March 16, person of color, who shall not depart the State, 1844. in case of the captain refusing or neglecting to carry him or her away, or, having departed, Hon. James H. Hammond, since distinguish.shall again enter into the limits of this State, by ed as a U. S. Senator.

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