Part 11

SEC. 10. _And be it further enacted_, That when any person held to service or labor in any State or Territory, or in the District of Columbia, shall escape therefrom, the party to whom such service or labor shall be due, his, her, or their agent or attorney may apply to any court of record therein, or judge thereof, in vacation, and make satisfactory proof to such court, or judge, in vacation, of the escape aforesaid, and that the person escaping owed service or labor to such party. Whereupon the court shall cause a record to be made of the matters so proved, and also a general description of the person so escaping, with such convenient certainty as may be; and a transcript of such record authenticated by the attestation of the clerk, and of the seal of the said court, being produced in any other State, Territory, or District in which the person so escaping may be found, and being exhibited to any judge, commissioner, or other officer, authorized by the law of the United States to cause persons escaping from service or labor to be delivered up, shall be held and taken to be full and conclusive evidence of the fact of escape, and that the service or labor of the person escaping is due to the party in such record mentioned. And upon the production by the said party of other and further evidence, if necessary, either oral or by affidavit, in addition to what is contained in the said record of the identity of the person escaping, he or she shall be delivered up to the claimant. And the said court, commissioner, judge or other person authorized by this act to grant certificates to claimants of fugitives, shall, upon the production of the record and other evidences aforesaid, grant to such claimant a certificate of his right to take any such person identified and proved to be owing service or labor as aforesaid, which certificate shall authorize such claimant to seize or arrest and transport such person to the State or Territory from which he escaped: _Provided_, That nothing herein contained shall be construed as requiring the production of a transcript of such record as evidence as aforesaid; but in its absence, the claim shall be heard and determined upon other satisfactory proofs competent in law.

HOWELL COBB, _Speaker of the House of Representatives_.

WILLIAM R. KING, _President of the Senate, pro tempore_.

Approved September 18, 1850. MILLARD FILLMORE.

The most prominent provisions of the Constitution of the United States, and those which form the fundamental basis of personal security, are they which provide, that every person shall be secure in their person and property: that no person may be deprived of liberty without due process of law, and that for crime or misdemeanor; that there may be no process of law that shall work corruption of blood. By corruption of blood is meant, that process, by which a person is _degraded_ and deprived of rights common to the enfranchised citizen--of the rights of an elector, and of eligibility to the office of a representative, of the people; in a word, that no person nor their posterity, may ever be debased beneath the level of the recognised basis of American citizenship. This debasement and degradation is "corruption of blood"; politically understood--a legal acknowledgement of inferiority of birth.

Heretofore, it ever has been denied, that the United States recognised or knew any difference between the people--that the Constitution makes no distinction, but includes in its provisions, all the people alike. This is not true, and certainly is blind absurdity in us at least, who have suffered the dread consequences of this delusion, not now to see it.

By the provisions of this bill, the colored people of the United States are positively degraded beneath the level of the whites--are made liable at any time, in any place, and under all circumstances, to be arrested--and upon the claim of any white person, without the privilege, even of making a defence, sent into endless bondage. Let no visionary nonsense about _habeas corpus_, or a _fair trial_, deceive us; there are no such rights granted in this bill, and except where the commissioner is too ignorant to understand when reading it, or too stupid to enforce it when he does understand, there is no earthly chance--no hope under heaven for the colored person who is brought before one of these officers of the law. Any leniency that may be expected, must proceed from the whims or caprice of the magistrate--in fact, it is optional with them; and _our_ rights and liberty entirely at their disposal.

We are slaves in the midst of freedom, waiting patiently, and unconcernedly--indifferently and stupidly, for masters to come and lay claim to us, trusting to their generosity, whether or not they will own us and carry us into endless bondage.

The slave is more secure than we; he knows who holds the heel upon his bosom--we know not the wretch who may grasp us by the throat. His master may be a man of some conscientious scruples; ours may be unmerciful. Good or bad, mild or harsh, easy or hard, lenient or severe, saint or satan--whenever that master demands any one of us--even our affectionate wives and darling little children, _we must go into slavery_--there is _no alternative_. The _will_ of the man who sits in judgment on our liberty, is the law. To him is given _all power_ to say, whether or not we have a right to enjoy freedom. This is the power over the slave in the South--this is now extended to the North. The will of the man who sits in judgment over us is the law; because it is explicitly provided that the _decision_ of the commissioner shall be final, from which there can be no appeal.

The freed man of the South is even more secure than the freeborn of the North; because such persons usually have their records in the slave states, bringing their "papers" with them; and the slaveholders will be faithful to their own acts. The Northern freeman knows no records; he despises the "papers."

Depend upon no promised protection of citizens in any quarter. Their own property and liberty are jeopardised, and they will not sacrifice them for us. This we may not expect them to do.

Besides, there are no people who ever lived, love their country and obey their laws as the Americans.

Their country is their Heaven--their Laws their Scriptures--and the decrees of their Magistrates obeyed as the fiat of God. It is the most consummate delusion and misdirected confidence to depend upon them for protection; and for a moment suppose even our children safe while walking in the streets among them.

A people capable of originating and sustaining such a law as this, are not the people to whom we are willing to entrust our liberty at discretion.

What can we do? What shall we do? This is the great and important question:--Shall we submit to be dragged like brutes before heartless men, and sent into degradation and bondage?--Shall we fly, or shall we resist? Ponder well and reflect.

A learned jurist in the United States, (Chief Justice John Gibson of Pennsylvania,) lays down this as a fundamental right in the United States: that "Every man's house is his castle, and he has the right to defend it unto the taking of life, against any attempt to enter it against his will, except for crime," by well authenticated process.

But we have no such right. It was not intended for us, any more than any other provision of the law, intended for the protection of Americans. The policy is against us--it is useless to contend against it.

This is the law of the land and must be obeyed; and we candidly advise that it is useless for us to contend against it. To suppose its repeal, is to anticipate an overthrow of the Confederative Union; and we must be allowed an expression of opinion, when we say, that candidly we believe, the existence of the Fugitive Slave Law _necessary_ to the continuance of the National Compact. This Law is the foundation of the Compromise--remove it, and the consequences are easily determined. We say necessary to the continuance of the National Compact: certainly we will not be understood as meaning that the enactment of such a Law was _really_ necessary, or as favoring in the least this political monstrosity of the THIRTY-FIRST CONGRESS of the UNITED STATES OF AMERICA--surely not at all; but we speak logically and politically, leaving morality and right out of the question--taking our position on the acknowledged popular, basis of American Policy; arguing from premise to conclusion. We must abandon all vague theory, and look at _facts_ as they really are; viewing ourselves in our true political position in the body politic. To imagine ourselves to be included in the body politic, except by express legislation, is at war with common sense, and contrary to fact. Legislation, the administration of the laws of the country, and the exercise of rights by the people, all prove to the contrary. We are politically, not of them, but aliens to the laws and political privileges of the country. These are truths--fixed facts, that quaint theory and exhausted moralising, are impregnable to, and fall harmlessly before.

It is useless to talk about our rights in individual States: we can have no rights here as citizens, not recognised in our common country; as the citizens of one State, are entitled to all the rights and privileges of an American citizen in all the States--the nullity of the one necessarily implying the nullity of the other. These provisions then do not include the colored people of the United States; since there is no power left in them, whereby they may protect us as their own citizens. Our descent, by the laws of the country, stamps us with inferiority--upon us has this law worked _corruption of blood_. We are in the hands of the General Government, and no State can rescue us. The Army and Navy stand at the service of our enslavers, the whole force of which, may at any moment--even in the dead of night, as has been done--when sunk in the depth of slumber, called out for the purpose of forcing our mothers, sisters, wives, and children, or ourselves, into hopeless servitude, there to weary out a miserable life, a relief from which, death would be hailed with joy. Heaven and earth--God and Humanity!--are not these sufficient to arouse the most worthless among mankind, of whatever descent, to a sense of their true position? These laws apply to us--shall we not be aroused?

What then shall we do?--what is the remedy--is the important question to be answered?

This important inquiry we shall answer, and find a remedy in when treating of the emigration of the colored people.

XVII

EMIGRATION OF THE COLORED PEOPLE OF THE UNITED STATES

That there have been people in all ages under certain circumstances, that may be benefited by emigration, will be admitted; and that there are circumstances under which emigration is absolutely necessary to their political elevation, cannot be disputed.

This we see in the Exodus of the Jews from Egypt to the land of Judea; in the expedition of Dido and her followers from Tyro to Mauritania; and not to dwell upon hundreds of modern European examples--also in the ever memorable emigration of the Puritans, in 1620, from Great Britain, the land of their birth, to the wilderness of the New World, at which may be fixed the beginning of emigration to this continent as a permanent residence.

This may be acknowledged; but to advocate the emigration of the colored people of the United States from their native homes, is a new feature in our history, and at first view, may be considered objectionable, as pernicious to our interests. This objection is at once removed, when reflecting on our condition as incontrovertibly shown in a foregoing part of this work. And we shall proceed at once to give the advantages to be derived from emigration, to us as a people, in preference to any other policy that we may adopt. This granted, the question will then be, Where shall we go? This we conceive to be all important--of paramount consideration, and shall endeavor to show the most advantageous locality; and premise the recommendation, with the strictest advice against any countenance whatever, to the emigration scheme of the so called Republic of Liberia.

XVIII

"REPUBLIC OF LIBERIA"

That we desire the civilization and enlightenment of Africa--the high and elevated position of Liberia among the nations of the earth, may not be doubted, as the writer was among the first, seven or eight years ago, to make the suggestion and call upon the Liberians to hold up their heads like men; take courage, having confidence in their own capacity to govern themselves, and come out from their disparaging position, by formally declaring their Independence.

As our desire is to impart information, and enlighten the minds of our readers on the various subjects herein contained, we present below a large extract from the "First Annual Report of the Trustees of Donations for Education in Liberia." This Extract will make a convenient statistic reference for matters concerning Liberia. We could only wish that many of our readers possessed more historical and geographical information of the world, and there could be little fears of their going anywhere that might be incongenial and unfavorable to their success. We certainly do intend to deal fairly with Liberia, and give the reader every information that may tend to enlighten them. What the colored people most need, is _intelligence_; give them this, and there is no danger of them being duped into anything they do not desire. This Board was incorporated by the Legislature of Massachusetts, March 19th, 1850--Ensign H. Kellogg, Speaker of the House, Marshall P. Wilder, President of the Senate. Trustees of the Board--Hon. George N. Briggs, LL.D., Hon. Simon Greenleaf, LL.D., Hon. Stephen Fairbanks, Hon. William J. Hubbard, Hon. Joel Giles, Hon. Albert Fearing, Amos A. Lawrence, Esq. Officers of the Board--Hon. G.N. Briggs, President; Hon. S. Fairbanks, Treasurer; Rev. J. Tracy, Secretary. The conclusion of the Report says:--"In view of such considerations, the Trustees cannot doubt the patrons of learning will sustain them in their attempt to plant the FIRST COLLEGE on the _only_ continent which yet remains _without_ one." In this, the learned Trustees have fallen into a statistical and geographical error, which we design to correct. The _continent_ is _not without_ a College. There are now in Egypt, erected under the patronage of that singularly wonderful man, Mehemet Ahi, four colleges conducted on the European principle--Scientific, Medical, Legal, and Military.[4] These are in successful operation; the Military College having an average of eleven hundred students annually. The continent of Africa then, is not without a college, but though benighted enough, even to an apparent hopeless degeneration, she is still the seat of learning, and must some day rise, in the majesty of ancient grandeur, and vindicate the rights and claims of her own children, against the incalculable wrongs perpetrated through the period of sixty ages by professedly enlightened Christians, against them.

A glance at the map will show a sharp bend in this coast at Cape Palmas, from which it extends, on time one side, about 1,100 miles north-west and north, and on the other, about 1,200 or 1,300 almost directly east. In this bend is the Maryland Colony of Cape Palmas, with a jurisdiction extending nearly 100 miles eastward. This Colony is bounded on the north-west by the Republic of Liberia, which extends along the coast about 400 miles to Sherbro. These two governments will ultimately be united in one Republic, and may be considered as one, for all the purposes of this inquiry. The extent of their united sea-coast is about 520 miles. The jurisdiction of the Republic over the four hundred miles or more which it claims, has been formally acknowledged by several of the leading powers of Europe, and is questioned by none. To almost the whole of it, the native title has been extinguished; the natives, however, still occupying, as citizens, such portions of it as they need.

The civilized population of these governments, judging from the census of 1843, and other information, is some 7,000 or 8,000. Of the heathen population, no census has ever been taken; but it probably exceeds 300,000.

The grade of Liberian civilization may be estimated from the fact, that the people have formed a republican government, and so administer it, as to secure the confidence of European governments in its stability. The native tribes who have merged themselves in the Republic, have all bound themselves to receive and encourage teachers; and some of them have insisted on the insertion, in their treaties of annexation, of pledges that teachers and other means of civilization shall be furnished.

Our accounts of churches, clergy and schools are defective, but show the following significant facts:

The clergy of the Methodist Episcopal Church in Liberia are nearly all Liberian citizens, serving as missionaries of the Methodist Missionary Society in the United States. The last Report of that Society gives the names of fifteen missionaries, having in charge nine circuits, in which are 882 members in full communion, and 235 probationers; total, 1,117. They have 20 Sabbath Schools, with 114 officers and teachers, 810 scholars, and 507 volumes in their libraries. They have a Manual Labor School and Female Academy. The number of Day Schools is not reported; but seven of the missionaries are reported as superintendents of schools, and the same number have under their charge several "native towns," in some of which there are schools. The late superintendent of the missions writes:--

"It appears plain to my mind, that nothing can now retard the progress of our missions in this land, unless it be the want of a good high school, in which to rear up an abundant supply of well qualified teachers, to supply, as they shall rapidly increase in number, all your schools."

The Baptists are next in number to the Methodists. The Northern Baptist Board, having its seat in Boston, has in Liberia one mission, two out-stations, one boarding school, and two day schools, with about twenty scholars each, one native preacher, and four native assistants. The whole mission is in the hands of converted natives. The Southern Board operates more extensively. More than a year since, the Rev. John Day, its principal agent there, reported to the Rev. R.R. Gurley, United States Commissioner to Liberia, as follows:

"In our schools are taught, say, 330 children, 92 of whom are natives. To more than 10,000 natives, the Word of Life is statedly preached; and in every settlement in these colonies, we have a church, to whom the means of grace are administered; and in every village we have an interesting Sunday school, where natives as well as colonists are taught the truths of God's word. Say, in our Sunday schools, are taught 400 colonists, and 200 natives.... We have this year baptized 18 natives and 7 colonists, besides what have been baptized by Messrs. Murray and Drayton, from whom I have had no report."

The missionaries are all, or nearly all, Liberian citizens.

The Board of Missions of the Presbyterian Church in the United States has five missionaries at four stations in Liberia. The first is at Monrovia, under the care of the Rev. Harrison W. Ellis, well known as "the Learned Black Blacksmith." While a slave in Alabama, and working at his trade as a blacksmith, he acquired all the education, in English, Latin, Greek, Hebrew, and Theology, which is required for ordination as a Presbyterian minister. The Presbyterians of that region then bought him, and sent him out as a missionary. His assistant, Mr. B.V.R. James, a colored man, was for some years a printer in the service of the American Board at their mission at Cape Palmas and the Gaboon River. He first went to Liberia as a teacher, supported by a society of ladies in New York. In the Presbyterian Church under the care of Mr. Ellis are 39 communicants. During the year, 24 had been added, and 8 had been dismissed to form a new church in another place. Mr. Ellis also has charge of the "Alexander High School," which is intended mainly for teaching the rudiments of a classical education. This institution has an excellent iron school-house, given by a wealthy citizen of New York, at the cost of one thousand dollars, and a library and philosophical apparatus, which cost six hundred dollars, given by a gentleman in one of the southern States. The library contains a supply of classical works, probably equal to the wants of the school for some years. The land needed for the accommodation of the school was given by the government of Liberia. The number of scholars appears to be between twenty and thirty, a part of whom support themselves by their daily labor. The English High School under the care of Mr. James, had, according to the last Annual Report, 52 scholars. At a later date, the number in both schools was 78. Mr. James has also a large Sabbath school; but the number of pupils is not given.

The second station is at the new settlement of Kentucky, on the right or north bank of the St. Paul's, about fifteen miles from Monrovia, and six miles below Millsburgh. The missionary is a Liberian, Mr. H.W. Erskine. On a lot of ten acres, given by the government, buildings on an economical scale have been erected, in which is a school of twenty scholars. A church was organized in November, 1849, with eight members from the church in Monrovia. They have since increased to fourteen. Here, too, is a flourishing Sabbath school. The citizens, and especially the poor natives in the neighbourhood, are extremely anxious that a boarding school should be established. To this the Committee having charge of this mission objects, as the expense for buildings and for the support of pupils would be great, and would absorb funds that can be more profitably expended on day schools.

The third station is on the Sinou river, 150 miles down the coast from Monrovia, where, at the mouth of the river, is the town of Greenville, and a few miles higher up, the newer settlements of Readville and Rossville. It is under the care of the Rev. James M. Priest. The number of communicants, at the latest date, was thirty, and the field of labor was rapidly enlarging by immigration. The station is new, and it does not appear that any mission school had yet been organized.

The fourth station is at Settra Kroo, where there are five or six miles of coast, to which the native title has not yet been extinguished. This station has been maintained for some years, at a lamentable expense of the lives and health of white missionaries. About 200 boys and a few girls have been taught to read. The station is now under the care of Mr. Washington McDonogh, formerly a slave of the late John McDonogh, of Louisiana, so well known for the immense estate which he has bequeathed to benevolent purposes. He was well educated, and with more than eighty others, sent out some years since at his master's expense. He has a school of fifteen scholars, with the prospect of a large increase.