Sunday, February 15, 2004

Lincoln as Abolitionist (12)

A second major point in which Dumond sees Lincoln as an abolotionist is in his attitude toward the infamous Fugitive Slave Law. Since the passage of the 1850 law, free states had put up varying levels of resistance to delivering up captured human property to their owners in the slave states. They had used a states-rights approach, consistently and bitterly opposed by the Slave Power, for which the defense of slavery always overrode any consideration of states' rights.

Without that background in mind, the passage in Lincoln's First Inaugural Address on fugitive slave laws may sound exclusively accomodating to the slaveowners. But what he actually said was that while all members of Congress are sworn to uphold the provision in the federal Consitution that required the return of fugitive slaves:

There is some difference of opinion whether this clause whould be enforced by national or by State authority; but surely that difference is not a very material one. If the slave is to be surrendered, it can be of but little consequence to him or to others by which authority it is done. And should any one in any case be content that his oath shall go unkept on a merely unsubstantial controversy as to how it shall be kept?

Again, in any law upon this subject, ought not all the safeguards of liberty known in civilized and humane jurisprudence to be introduced, so that a free man be not, in any case, surrendered as a slave? And might it not be well at the same time to provide by law for the enforcement of that clause in the Constituion which guarantees that "the citizens of each States shall be entitled to all privileges and immunities of citizens in the several States"?

The new President phrased it in artful politician's language. But it was clear to his fellow Americans north and south that he was endorsing the abolitionists' solution to the Fugitive Slave Law.

No comments: