THE FUGiTIVE SLATE IAW:
A SERMON,
PREACHED IN THE
Norwich, COIIII., 3uiie 25th, 1q54.
BY HEY. CIIAJLES . BUSII,
PASTOR.
PUBLISIIEl) BY REQUEST.
N 0 R W I C H:
OODWOHTH & PERRY, STEAM PEINTER, PRAKLJ QUARR
1854. 
Thie following ]Discourse was prepared and preached to my people, without
reference to publication. A number of my parishioners have, however, expressed a desire to possess it in a more permanent form, and have it more
widely circulated. After making a few verbal alterations, I have, therefore
given it to the press, by their direction and request, with the hope that it may
contribute, in some humble measure, to swell the increasing tide of opposition
to legalized kidnapping.
C. P. B,
(C',Pr.E-.'vILLE, NoRwicni, July, 1854.
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DISCOURSE.
DUTERONOMY xxiii. 15, 16. THOU SHALT NOT DELIVER U.NTO HIS MASTER,
THE SERVANT WVHICI IS 1ESCAPED FROM HIS MASTER UNTO THEE; HE SHALL
DWELL WITH THEE, EVEN AMONG YOU IN THAT PLACE WHICH HE SHALL
CHOOSE IN ONE OF THY GATES, WHERE IT LIKETH HIM BEST: THOU SHALT
NOT OPPRESS HIM.
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WVe have 11o right to do wrong. This lwas a truism. But
there is a law of our land which seems to make it a
mooted question. We refer to that which requires the renditioni of fugitives from Southern bondage.  This law was
passed four years ago.  We then gave our views of its inhumanity, in a Thanksgiving sermon. But recent events have
brought the subject up again and given it a painful, and even
appalling prominence.'I'he whole land is stirred, as by a
moral earthquake.  The pulpit and the press are teeming
with the subject. And well they may be; for this is a subject of the greatest possible importance.  It is a great moral
question.  There is a right and a wrong about it; we ought
to inquire after the right. It is a question upon which God
has spoken. We ought to seek after His will. It is inti mately connected with the spread of Christ's kingdom.  Our
hands are enfeebled because they are stained with blood.
Our missionaries have often felt this, whilst trying to com mend the religion of Ainerica to the heathen. They have
been among the first to come to the light on the whole sub ject of slavery, for they have felt that even the heathen
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would see howv irrecoincilable it is with the religion of the
gospel.
And then this Fngittve Slave Law intimately affects the
welfare of more than three million of our fellow-men now
held in cruel bondage in this " land of the free."  It is one of
the strong links in the chain that bin(ds them.  Indeed, it af  fects the whole Soluth.  It is the testimony of thousands of
the most competent Southerners themselves, that slavery is
demoralizing in its influence on the whole of society; and the
Fugitive Slave Law is designed to aid in upholding the
whole system, with all its demoralizing tendencies.
This law is also one of a series of deternined and des perate measures for extending and perpetuating this awful
system of American Slavery, until the whole land shall be
brought under its corrupting influences.
Let iiie add, this Fugitive Slave Law is, and must be,
offensive in the sight of God. It is one of those gigantic,
national sinis, for which every reflecting Christian must feel
that we have reason to fear Divine judgments.
Surely, I need say no more to show how important the
subject is, or how much it deserves our attention, even
aside from the recent painful, humiliating events which give
it a peculiar importance.  When these are added, necessity is
laid upon us. It is time something more were said, and
much more done. if possible, to arrest the spreading power
of this monstrous wickedness.
We believe this is now very generally felt. But as to
what should be said, and what should be done, minds will
honestly differ. And it is a subject upon which difference of
opinion is apt to be attended with excitement. It is a painfuil subject, and can hardly be considered without excitement.
-Not to feel on such a subject is inhuman. And yet wisely
to regulate olir feelings, atid kindly to temper our speech, is
tnot onilv a Christian dtitv, but best I)romotes also the end at
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vhilch we aim.   Over-excitemelit and  initeml-)erate speech
ilijn.-e any cause.   We desigii therefore to speak calmly but
firmly, plainly but kindly, leaving each one to judge for himself, in the fear of God, as to the truth of what we say.
The  great truth or duty which we wish to assert at the.
present time, is well presented in the very language of tho
text, which I will repeat:  " Thou shalt not deliver utito
his master the servant that is escaped from his master unto
thee; he shall dwell with  thee, even  among  you in that
place which he shall choose iti otie of thy gates, where it
liketh him best:  thou shalt  iot oppress   him."   Or,  ini
other words, are htave no ri,rht to deliver tip the fu,ritive.
The law wDhich rPqtfires it is wr??g in morals, and cannot
be binding olt us.
This is our position.   We  prefer thils plainly, distinctly,
to state it at the outset, for we think it can be.justified.
1. To deliver up the fugitive is to make  war on his inalienable rights.  He has ri ghts which God gave him, over
and above all Itumati laws.  This was a self-evident truth ini
1776. It is no less a truth now. althoui,gh some seem to forg,et it.
I meet a fellow man in the street*; his face is darker than
mine; he is on his way to Canada: have I any right to stop
him? Have I any right to seize and bind him, and send him
back to Virginia.? If I were ten times as strong as I am now,
would that confer upon me any right?  If I were as strong
as the United States Government, would that confer upon me
any such right?  How plain is the answer to these questions.
llIi,ht does not make right.  And yet this is all the right
there is in the Fugitive Slave Law.  It is the strong forcibly wresting fromt the weak his inalienable rights; tearing
*Here and in one or two other places I use the same argument, in nearly the same
words. of a brief article I recently furnished for the Examiner. I use the same, for it
best expresses my ideas on the point. 
from ouir p)oor ht)t    sit-liply b)eca,ise wVC have the power,
that which God gave him as exclusiv ely his own.
Certainly, that about I i1t(alicitable rights,3,' wlicli found
its way into  our I)eclarationi of Indepenidetice, was not a
mere rhetorical flourishl.  If it was, our revolution was an
unjustifiable rebellio7t, aind we ought to return to our allegiance to Great Britain as soon as possible.  But if it was not,
then this poor fugitive has these rights.  He has never forfeited them.  He  has just as good a right to " life, liberty
and the pursuit of happiness,' as ally other person in all the
land.  He has just as good a right to choose, for hiniself aiid
family, his place of al)ode, his occupation, as aily other mall,
high or low, black or white.  if he chooses to go to Canada,
I have no more ri,ght to stop himi than I have to stop Presidenit Pierce or I.ord Elg,in, oil the same journey.  All the
itihabitants of this town have no more.   All the inhabitants
of the United States have no more.   He lias broken no law,
human or divine, in runniiing away.   He has only done that
which God gave him a perfect ri2ht to do.  And as such a
person stands before me tiow, in the actlual possession of these
inalienable rights, it is just as wicked for me to reduce him
again to bolndage, as it would be for me to go to the coast of
Africa, and seize a man there, and reduce him to bondage.
The Government has no more right to kidnap a man in a
free State than they have on the coast of Africa; no more
right to enslave a colored man than they have a white; no
more right to march off Atithony Burns, amidst bristling
bayonets and at the cannonis mouth, than they have to serve
Governor Washburn, or MIayor Smith of Boston, in the same
way.  And surely, the mere fact that a poor man has once
been deprived of his inalienable rights, is no reason why he
should be again.  Or the fact that the Government is strong er than an individual, is no reason why the Government
shonld do wrong any more than an individual.
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If indeed there be anly suiclh tlhilg as' inialietable rigli~s,8'
then these are simple  self-evidenit truths.  WVe  have  endeavored to state them  ill the simplest  possible language,
that their truthfulness miaht be the more majlufest.  And it
does seem as thouigh there was no denying any one of them.
And if so, then the conclusion is inevitable that the Fugitive Slave Law is at war with the inalienable rights of the
poor ftugiitive.
II. And if this be so, it is also -,iaiiist tlhe law of God, for
God requires u1s to respect the rights of our fellow man.
Yea, it is agaitist the express statutes of the Divine law
The text is clear and conclusive.  Wvhether it respects slaves,
escaping from surrouindiiia nations and coming amongst the
Israelites, or servants of the Ilebrews fleeing from  their
masters, it makes no difference; they were to be unmolested
they might choose their owil  dwelling-place.  God  here
recognizes these inalienable rights to life, liberty and the
pursuit of happiness.
But even though we entirelv mistake in the interpretation
of this passage, the "golden rule," "All things. therefore,
whatsoever ye would that men should do to you, do ye even
so to them,  makes our duty plain.  If we were fleeing from
oppression, should we like to have one stronger than we, seize
uis, and bind us, and carry us back to unrequited toil?  We
have no more right to seize another. Indeed, the act is just
as plainly a violation of moral and divine law as stealing or
murder.   And wheni we come to look at this thing just as it
is, it is plain that we have no more right to execute this Fugitive Slave Law thani we have to murder or to steal; the
Government has none. In fact, if, as so many patriot orators
have told us, liberty is worth more than life, it is worse to reduce a man to bondage than it is to take his life. For one,
I would no sooner lift a finger to help execute the Fugitive 
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Slave Law, tlhani I wouil(d lift the. assassin's dagger  and
pllnge it into t-he heart of a fellow mnani and deprive him of
life.  Before God, I have no mnore right to do the one than
I have to do the other.
111. This Fugitive Slave Law is at war with the Constitu tion of the United States. We are not an assemblage of
lawyers, or judges, or the Supreme  Court of the United
States, nevertheless we have just as good a right to our opin ion on this subject as the Supreme Court itself. And there
are some things about the subject so plain that he;' may read
that runs." It requires no peculiar sagacity to see that there
are irreconcilable discrepancies between this Fugitive Slave
Act and some of the fundamental principles, and some of the
chief provisions and safeguards of our glorious Constitution.
The Constitution was adopted, as it is said in the preamble,
to "establish justice, insure domestic tranquility, provide for
the common defense, promote the general welfare and secure
the blessings of liberty to ourselves and our posterity." This
Fugitive Slave Law is at war with all these glorious ends.
The Constitution says that no person shall be " deprived of
life, liberty, or property, without due process of law."  This
law is executed with a very undue process.
The Constitution provides that "~ in all criminal prosecutions," there shall be a trial by "all impartial jury."  The
fugitive is treated as a criminal; and yet he has no trial by
jury.
The Constitution provides that a crimimal shall " be confronted with the witnesses against him," face to face, and
have the privilege of cross-questioning them. In this case, a
mere certificate of a magistrate, taken in a distant State, no
matter with what bias, or with what intent to defraud, shall
be taken as final and conclusive, even against the liberty of a
fellow man and of his posterity to the end of time.
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O)r agaiin, "'I  suits at comn-iiiioii law," thel Conistitu'itioii provi'des, that " where the value in controversy exceeds twenty
dollars, the right of trial by jury shall be preserved." Suirely,
a man is worth more than twenty dollars to himself; and yet
where h-e is himself in controversy the right of trial by jury
is denied him.
It is thus that the law is at war with some of the plainest
principles of the Constitution, as well as many of the dearest rights of man, which that truly venerable and excellent
instrument professes sacredly to guard. Accordingly, many
of thie ablest men in the country, both North and South, regard the law as unconstitutional. And if wofds mean any
thing, it was held, even by Daniel Webster, in his real judgmenit, that that clause in the Constitution whichi provides for
the rendition of fugitives did not contemplate such a law at
all; that it conferred upon Congress no power to make such
a law.  He says, " I have always thought that the Constitution addressed itself to the legislatures of the States themselves.  *  *      *      *   It is said that a person escaping
into another State, and becoming therefore within the jurisdictioni of that State, shall be delivered up.  It seems to me
that the plain import of the passage is, that the State itself,
in obedience to the injunction of the Constitution, shall cause
him to be delivered up. This is my judgment. I have always  entertained it; I entertain it now."'  Mr.  Rhett, a
Senator from South Carolina, in 1S50, warmly advocated the
same sentiment. Robert Rantoul, of Mass., the same. A
Judge in Wisconsin has recently discharged a fugitive- on the
ground that the law is unconstitutional, for this as well as
other reasons.*
And beside all these Constitutional objections, there are
some other features of this law so unjust and so odious that
*The Suirerne Covert of Wisconsin has since confirmed the decision of the Judge
ahbove alluded to, and a Commissioner ill Columbus, Ohio, has resigned his office on
the ground that the laxes is iuntitisiionl.
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all our moral nature revolts at the barbarity.  It is especially
provided that its process shall he "1 suimmary." There is an
indecent haste about it. It would not subject the slaveholder to the least inconvenience of delay in reclaiming his
property. It thinks more of a slight inconvenience or expense on his part than it does of life and liberty to another,
who is claimed as a slave. A poor fellow was thus hurried
off from New York, without even -time to let his wife and
children know what had befallen him. Whilst they looked
for his return at night, he was already on his way South to
wvear out the remnant of his days for another.
This law places too much power also in the hands of a
single man, and lie but a subordinate, petty officer of GCoveriinment. And yet this inferior officer, not even a judgea mere commissioner-constituites the entire court; judge,
jury, arbitrator and all. And his decision is final and unquestionable. There is no review, no appeal. We have
already seen that the Constitution does not allow twenty
dollars' worth of goods in litigation to be so imperiled. And
why should the liberty of a man be?
But worse than all else, the law offers a distinct, direct
bribe for a decision adverse to the interests of the poor fugitive giving the Conmmissioner ten dollars if he decides that
the person on trial is a slave, only five dollars if he is obliged
to decide that he is a freeman! Was there ever any thing
more monstrous in human legislation?  Was  a court ever
constituted with more express reference to making it corrupt
and false in all it does? We have never seen any apology
offered for this anomaly in the law. We think it well that
none has been attempted, for it is incapable of explanation.
It bears on its face unmistakable evidence of its base intent.
Of course, a law so open to abuse, will be abused,-has
been abused.   Those who were truly free must have been
dragged away to hopeless captivity. In the very first case 
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tried under this law, a free man* was carried off to Maryland.
The Marshal believed he was free, and would not leave him at
the State line. as he might have done, but followed him even
to the door of the supposed master, and there the mistake
was acknowledged and the rman was returned. Another in
Indiana was thus taken, the claimant hiniself being present,
and the proof being satisfactory to the Commissioner. Blat
all was false, and the man recovered two thousand dollars
damages for being thus kidnapped.  In another case a whole
family of free persons, living quietly in their home in Indiana, were seized and marched off by a gang of ruffian claimants. The citizens knowing they were free, turned out in a
body and brought them back.
These are some of the mistakes which have been discovered. How many more have occurred which have not been
discovered, we know not.  But can that law be just which
thus imperils the liberties of freemen?
But still it may be said that we have agreed to deliver up
the fugitive-there is such a provision in the Constitution.
We grant that there is such a clause, so understood by some.
But if we had that document to make over again, the free
States would not now consent to such a provision.  Our fathers would not have consented to it, except as they supposed
that slavery would soon die out, and their consent could do,
but little harm.  No!  Although when that Constitution was
made there was but one free State and twelve slave States,
yet our patriot fathers really meant to make that instrument
as favorable as possible to freedom.  There is abundant his toric evidence of this fact, and that they anticipated for the
whole land a speedy riddance from this terrible evil; and
they intended that the bond of our Union should be such as
is proper for a people entirely, nobly free.
But even on the supposition that we have agreed to return
-Gibson. of Philadelphia. 
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tihe fui,itive, that does not make it right.  If we  had agreed
a thousand times to do wrong, that does not make it right.
Judas agreed to betray his Master; that did not muake it right.
Forty men- once bound themselves under an oathl that they
would neither eat nor drink till they had killed Paul; that
did not mnake murder right.  The crew of a pirate-ship generally have written articles of agreement-a II constitution;7
and they generally bind themselves by the strongest oaths
that it is possible for men to utter, to stand by each other in
blood and crime; but that doos not make piracy a virtue.
But now, it may be asked, what shall we do?  I answer,
First, violence can do no good.  It is not a case which calls
for revolzttioni, therefore, arined resistance to law is itself a
moral wrong.   We  cannot overthrow the Government if we
would, and we would not if we could. Corrupt as we believe
so many of our public acts and public men to be, still our
Government is the best in the world.  We  do not wish to
change it for any other. And the Government is solemnly
bound to maintain itself against all rebellion and all treason.
The ofcers of Goveritment are bound to execute this law-or
resign their office.  They have a right to do the latter.  If
they believe, as we do, that the law is wrong, they ought to
do the latter.  And we hope the day will come, when a manl
can not be found in a free State who will hold office under
Government, if it requires him to perform this dreadful work.
The people are already prepared highly to honor such as take
this noble stand.  It wvas taken the other day by a captain
of police and watch in Boston. He has become a moral
celebrity by so simple and just an act.
But if any will still be officers of the United States Government, they are bound to see the laws of the Government
executed.  It is periling every interest of society to resist
them by armed force, and it call do our cause no manner of
good.  Yes, even State or City authorities are bound to quell 
insurrection and riot, springing from any cause whatever
But as the United States Government has transcended its
powers, and taken the honorable busilness of chasing fugitives
into its own hands, contrary to the intent of the Constitution,
we think it but fair to leave the General Government to do
its own chosen work.  State and City governments need not
volunteer their aid, unless they love the employment.
But some will still say, " TJe have sworn to situppoort the
Coxtstitittion."  Does tlhis meatn that the Constitution is i~zftitlible, and we must not dissent from one of its principles or
provisions?  That Constitution sanctioned the slave-trade
twenty years, and then our Government declared it piracy.
Was it any less piracy during those twenty years? Was
man-stealinig a virtue during that time, and none but saints
engaged in it?  Or, will any pretend that all the laws made
by our Government are. morally right?  Have  not our
laws robbed the Indian? IHave we not directly violated,
time and again, the most solemn treaties made with him?
Have we not ruthlessly torn him  from his home, from his
council-fires, from the graves of his ancestors, and driven
him, at the point of the bayonet into the wilderness? Are
we obliged to approve of these laws, and these acts, because
we have sworn to support the Constitution?
But what then, it may be asked, do you do with the " freeman's oath?" I answer-that oath does not bind me to sustain all the laws that it is possible for a corrupt majority in
Congress to pass.  If I take that oath at all, I must  take it
with this reservation:-I w,vill support that constitution and
the laws of the land, so far as they agree with God's law.
I cannot go onie hair's breadth further, and yet appeal to God
for the sincerity of my heart. We "swear by the greater,"
or else an oath is good for nothing.   God  is above all
Constitutions, and to be obeyed before all. or there is no
propriety in swearing by Him, and our oaths are a mockery.
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But still it may be asked, can a conscientious man talke the
freeman's oath, knowing at the same time that there is such
a law of the land, which he cannot approve, and the mandates of which, under certain circumstances, he might feel
compelled openly to disobey?  I answer-with our views,
we could not conscientiously be a Go?nn?,issioner or a.3arshal; but we can be a citizen.  We can take the oath  engaging to support the Constitution and the laws as a whole;
for in most things they are right.  And we cannot do better
than this in any land.  No government is perfect.  If we
would to be citizens any where, we must take the oath.
But all who really believe that God is greater than human
governments, and that human governments are not infallible,
must make this reservation, either expressed, or understood.
And government has nothing to fear from those who have
such scruples, but much to fear from those who make no
moral distinctions.
"But who  shall decide?"  it is  triumphantly  asked,
'C whether a law is according to God's law or not?"  Of
course the Government will decide for itself what coupse it
must pursue.  And then it is equally clear that each indivi-dual must judge for himself. We have no Popes here, in
Church or State.  The right of private judgment is as dear
and sacred in State as in Church; dear as life itself, in either.
And whatever way we judge, we must bear the conseqiiences. Government must still go forward with its duties. But
Government cannot deny to us the right to slluer, if suffer
we must, for our conscientious scruples. The right of passive resistance to unjust laws, or those which are honestly regarded as unujust, is as inalienable as any other right.
But that which many regard as a very grave question still
remains.  Can we thus repudiate our bargain with the South?
Having engaged to surrender fugitives may we now refuse?
We have put our hand to the plough, and we will noet look 
back-wae answer,  certainly we may, in the right way.  If
we have agreed to do that which is in itself wrong, nothing
is plainer than that still wve ought not to do it.  Ard if we
onight not to do it, we ought honestly to say we cannot do
it, and retract the engagemen(; giving as our just and only
reason, it, is wrong; we have no right to do it. If half of
the crew of a pirate-ship come to their senses and see that
they are doing the work of devils, what other course should
tlhcy pursue except kindly, but firmly to tell their companions that they can go no further?  If two men have eingaged together to steal a horse, and one of them relents, and
asks us what he shall do, should we tell him, "Sir, you
miuilst help steal the horse, for you have agreed to?"  This
may be a "doctrine of devils," but it is not the doctrine of
the bible, or of good morals, or of good citizenship. And
hlow mtiuch is a man better than a horse!
As to the manner in which we should revoke our unholy
Contract to return fugitives, if indeed that is an obligation
imposed by the Constitution, I would have it done with all
possible kindness toward our Southern brethren.  I would
rc"sonl the case; I would expostulate; I would entreat; I
would seek, if possible, an amicable adjustment of our difficLlties: but only on this one holy basis-we can have nothcing more to do with upholding the dreadful system of slavery,
either directly or indirectly. We wash our hands of it. If
you?vill have slavery, you must have it to yourselves. If
Vol'ill rednce those again to bondage who have taken into
their own possession that which God gave them, as an inalienable right, you must do it without our aid.
OnCr first duty therefore is, properly to seek the repeal of
tl-e Fugitive Slave Law; in fact, to demand its repeal.  If
we have no right to pass such a law, it ought to be repealed.
'Ve have a right to demand it.  And recent events have
shown that nothing of the kind is too sacred to be repealed.
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And then let aill the free States, and all the free men, vwho
are willing that this should really be a free country, plant
themselves on this one new platform. —No more Slave Territory, no more Slave States; no Slave Trade between the
States, and a Free Capital for our glorious. Republic. We
hope the day has at length come when the great body of
Northern freemen are prepared to unite onl this grand basis.
The poor fugitive demands this union of us. The three
millions of bondmen, to whose emancipation this would be
a mighty entering wedge, demand it of us. The peace and
prosperity of our country demand it.  If we love those three
millions of men, in bonds and darkness, it seems as though
we might do this for them. If we love our country, if we
remember that corruption brings decay, or that sin provokes
divine judgments, it seems as though we might do this.
And we honestly believe that in such a movement, we should
have the sympathy and prayers of many also at the South.
We believe that the number of those is rapidly increasing
throughout the land, and all the more for the apparent triumph of corruption and sin in some recent events, who are
ready to inscribe upon their banner, "No North, no South,
no East, no West; but God, Liberty, and our Country's true
welfare." This is the true " Union, for the sake of the Union;" this a union upon which the smile of heaven can rest;
and there is no safety in union or disunion without that.
Let this policy be carried out in our State Legislatures, in
our State laws, in all our municipal corporations.  By State
resolutions, by State laws, by political action and church
action, let us kindly but effectually put an end to all eopartnerslhip in this dreadfill wickedness.
But would not this lead to disunion and civil war?  We
think not. If we do right, the God of heaven will defend
uIs.  If we continue in the wrong, we cannot say as much.
Or, even if separation should follow, and we should have
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two republics instead of one, we think it infinitely preferable
o the present state of things.   We can not have a true union
while slavery is the dominant element in our political organization.
These are some of the things we desired to say at the
present time. Much more might be said; much more we
should be glad to say, especially in regard to our specific
duties in the matter, and the glorious hope we have that a
brighter day is dawning upon us. We do not believe that
things are to remain as they are. We do not believe that we
are to go much lower down in the way of political degradation and ruin. The tide of moral health on this subject is
returning.   The  spirit of  Jefferson,  and  Hancock,  and
Samuel  Adams is rekindled in many a breast.   Another
revolution, in comparison with which the former shall be
hardly mentioned, is at hand. The land will be purged;
all will be free; God shall be glorified. To Him we look;
and on his goodness, his wisdom and his power we rely, to
help in the glorious work of making this truly a free country and a christian people.
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THE UNIVERSITY
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