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The Election of 1857 and Oberlin’s Dissent

Saturday, November 19th, 2016

by Ron Gorman, Oberlin Heritage Center volunteer docent, researcher and trustee

The recent Presidential election, in which Ohio continued its recent trend of flip-flopping between blue and red every 8 years, got me thinking about early Ohio history. It was even worse back then actually – with the flip-flops often happening every two years. In particular, I thought about the election of 1857, another biennial flip with accompanying flop, where the issues of the day were much more divisive than the issues we face today (as hard as that may be to believe!) The 1857 election would arguably turn out to be particularly significant to Oberlin, but it didn’t go Oberlin’s way at all. Nevertheless Oberlin would face the problem with characteristic steady and calm resolve, and ultimately Oberlin would prevail. (Note: This topic was originally covered in great detail in my Northern States’ Rights three-part series of blogs three years ago, but in light of recent events I thought it was worth revisiting from a new perspective with some additional information.)

The election of 1857 was a state election, not a national one. State elections were more significant then, as many Ohioans, including most Oberlinites, had given up on the federal government altogether and put their faith in the state to protect their rights. The federal government at that time seemed hopelessly wedded to the “slave power”, run by Democrats at a time when the Democratic party was unabashedly pro-slavery. The 1850s had seen an endless stream of intrusions by the Democratic “slaveocracy” on the liberties of the northern states and western territories, beginning with the notorious Fugitive Slave Law of 1850, which denied accused fugitive slaves even the most basic legal rights and proscribed stiff penalties for anyone who assisted them, or even refused to assist in their capture. Even at the time of the 1857 election, Democratic President James Buchanan was doing everything in his power to force an oppressive pro-slavery state constitution and legislature on the overwhelmingly anti-slavery inhabitants of Kansas Territory.

But there was one ray of hope amidst all this angst for Ohio’s anti-slavery residents. In 1854, a new anti-slavery party called the Republicans had formed. And the statewide elections of 1855 saw an extraordinary flip where this brand new party took control of the governorship and both houses of the state General Assembly from the Democrats. Over the next two years, the Republican General Assembly passed four “personal liberty laws”, which partially counteracted the federal Fugitive Slave Law and restored some basic legal rights to Ohio’s black residents, hundreds of whom resided in Oberlin. The most radical of these laws, a “Habeas Corpus act”, was written by Oberlin’s own favorite son, Representative James Monroe, an Oberlin College Professor (see my  Northern States’ Rights, Part 2 blog for details).

James Monroe

James Monroe (courtesy Oberlin College Archives)

All of this was in jeopardy, however, with the statewide election of October, 1857, as every state Representative and Senator was up for re-election. Without today’s sophisticated polling techniques (and yes, my eyes were rolling as I typed that), it’s hard to know exactly what the people of 1857 expected from the election, but clearly Oberlin hoped for another Republican victory and did its share by reelecting James Monroe to his seat. The rest of Ohio didn’t come through, however. There’s some indication of Republican complacency and low turnout, and some indication that the Democrats were particularly motivated to repeal the personal liberty laws, but whatever the case, the Democrats regained control of both houses of the General Assembly. (The Republican governor did manage to win reelection by a slim margin, but the governorship at that time was a relatively weak office, with no veto power.) [1]

If there was any adverse reaction in Oberlin to the election results, it’s not apparent from the historical record. Instead, James Monroe would return to his seat in Columbus and fight to keep Ohio Democrats from overturning the personal liberty laws, and Oberlin would quietly go about its usual business as if nothing had changed: assisting freedom seekers who appeared on its doorstep, and sending out abolitionist missionaries, teachers, preachers, journalists, lawyers, etc., to spread the anti-slavery message throughout Ohio and the northern states.

But elections have consequences, and the consequences of this one would be severe for Oberlin. Returning to his seat in Columbus in January, 1858, James Monroe, now a member of the minority party, knew he would face an uphill fight. The Democrats wasted no time in proving him right. Within days of their arrival at the capitol, they introduced a bill to repeal one of the Republican personal liberty laws, leaving no doubt that they intended to repeal the others as well and potentially turn Ohio’s citizens into “bloodhounds” for the “slaveocracy”. So Monroe addressed the Ohio House of Representatives and in his characteristic style issued the Democrats a stern warning:

When God created me, he set me erect upon two feet. I have never had any reason to doubt the wisdom of the arrangement. At least, I will never so far disown my own manhood, as to prostrate myself into a barking quadruped upon the bleeding footsteps of a human brother struggling to be free…
 
I believe you are pursuing a course well adapted to ruin your own party in the State, and restore the law-making power to the hands of the Republicans. When I came to the Legislature this Winter, I expected you to engage in a moderate share of Pro-slavery action; but this is an immoderate share of it… Even though, as a party, you should feel under the necessity of eating your peck of dirt, why should you – for that reason – volunteer to swallow a bushel? I have strong hope that you will not…
 
Some of the [news]papers in this part of the State, after the last election, complained, with good reason, that in some portions of the [Western] Reserve the Republicans did not turn out to the election. But gentlemen, if you will only pass this bill, and repeal the Habeas Corpus Act and the law to prevent slaveholding in the State of Ohio, and indorse Mr. Buchanan’s Kansas policy, there will be no complaint, two years hence, about the Republicans of the Reserve not turning out. The Yankees of Ashtabula, instead of staying at home to make cider on the second Tuesday of October, will leave the cider to work on its own account, and, thronging to the polls in a mass together with their fellow Republicans throughout the State, will, by triumphantly returning a majority to this General Assembly, rebuke this disposition to extend and fortify the slave power. [2]

Monroe’s mention of Ashtabula, a county in the staunchly abolitionist, far northeastern corner of the state, appears to have had some merit. “We are ashamed,” lamented an Ashtabula County correspondent the day after the election, “but we cannot help it. It rained hard nearly all day, and our lazy fellows could not be got out.” But the problem extended well beyond Ashtabula. [3]

Monroe also distributed a pamphlet urging the General Assembly not to repeal his own Habeas Corpus personal liberty law, describing a hypothetical situation that could play out without the protection that the personal liberty laws provided against the “unjust” and “hated” Fugitive Slave Law:

A law breathes its own spirit into all the proceedings under it. The deep hatred of the community, also, against an unjust law, often exhibiting itself in unmistakeable [sic] expressions of hostility, will sometimes justify, in the opinion of the officers of such a law, hasty and extraordinary proceedings. A United States marshal who should be sent to Greene County to seize a supposed fugitive, would be tempted, unless a man of uncommon courage, to enter the county in the night, seize the first colored man that he could find alone and unarmed, and leave before morning, without making any very extensive inquiry, as to whether he had taken the right man or not. [4]

The Democrats ignored Monroe’s warnings. They went ahead with their agenda and repealed three of the Republican personal liberty laws, leaving only the most conservative one standing. Not content with turning the clock back to 1854, they also took aim at an Ohio tradition that dated back sixteen years. “We are unalterably opposed to negro suffrage and equality, without reference to shade or proportion of African blood,” they proclaimed. Although Ohio’s state constitution had restricted voting rights to white men only from its very inception, the Ohio Supreme Court had ruled in 1842 that any mixed-race man who was “nearer white than black” was white enough to vote. Now in 1859, the Democratic General Assembly passed a law overturning that decision. [5]

As if that wasn’t enough, the federal government took the opportunity to pile on. Federal enforcement of the Fugitive Slave Law had always been lax in the Western Reserve, and overt slavecatcher activity had been virtually non-existent in Oberlin for over a decade. Even in southern Ohio, President Buchanan had backed down from a confrontation with Ohio authorities over Monroe’s radical personal liberty law in 1857. But now that would all change. In the spring of 1858, while Ohio Democrats were earnestly repealing the Republican personal liberty laws, President Buchanan felt emboldened enough to appoint an aggressive new federal marshal named Matthew Johnson to the Northern District of Ohio. Johnson intended to go after fugitives from slavery not just in the Western Reserve, but specifically in Oberlin. To that end, he appointed a disgruntled Oberlin insider named Anson Dayton as his deputy. The election of 1857 was about to come home to Oberlin. [6]

Oberlin would stand firm, however. Dayton’s direct attempts to capture freedom seekers within the borders of Oberlin village in the summer of 1858 met with stiff resistance from Oberlin’s black community. By the end of summer he had grown more cautious, helping only to identify an alleged Oberlin fugitive named John Price to a visiting pair of Kentucky slavecatchers. It would be another U.S. marshal from Columbus who would join the Kentuckians in a duplicitous scheme to lure Price out of Oberlin, ambush him, and put him on a southbound train in nearby Wellington – actions eerily reminiscent of the hypothetical situation James Monroe had described just six months earlier. In an event that gained national notoriety as the “Oberlin-Wellington Rescue”, scores of Oberlinites rushed to Price’s assistance in Wellington. Although they succeeded in rescuing Price from his captors and escorting him safely to Canada, Oberlin and Wellington now found themselves in the crosshairs of an irate Buchanan Administration. A federal grand jury convened in Cleveland and indicted 37 men for violating the Fugitive Slave Law. [7]

The Buchanan Administration could scarcely have made a more damaging move to their own cause, however. Oberlin, whose purpose from its inception as a colony was to “exert a mighty influence” on American spirituality, seized upon this event as an opportunity to exert a mighty influence on American public opinion regarding the “slave power” as well. After holding a defiantly jolly “Felon’s Feast”, the indicted men cheerfully turned themselves in to federal authorities, and as their trials dragged into April, 1859, they literally dared the federal government to jail them pending the verdicts, which the federal government compliantly did. [8]

It was a public relations bonanza. In Painesville, just a stone’s throw from Ashtabula County, a meeting of citizens “large in numbers, and earnest in spirit” responded two weeks later by passing the following resolutions:

Resolved, That the act of the Federal Court in causing the arrest and imprisonment of our fellow citizens of Lorain county, for no crime, but for the performance of a duty clearly required by Religion and Humanity, is an outrage…
 
Resolved, That the events now transpiring in Ohio, remind us of the duty of strenuous efforts for the return of a Legislature at our next election that will enact a Personal Liberty bill, providing for the political disfranchisement and outlawry of any citizen who shall in any way attempt the enforcement upon the free soil of Ohio of the hated Fugitive Law. [9]

The next month, thousands of Ohioans flocked to Cleveland, just blocks from where the Rescuers were being held in jail, to rally in support of the Rescuers and condemn the actions of the federal government. Republican Governor Salmon Chase addressed the angry crowd and reminded them: “The great remedy is in the people themselves, at the ballot box. Elect men with backbone who will stand up for [your] rights, no matter what forces are arrayed against [you].” [10]

Five months later, In the statewide election of October, 1859, Ohioans would do just that, fulfilling James Monroe’s prophesy of the year before. Not only the “Yankees of Ashtabula”, but “Republicans throughout the State”, left “the cider to work on its own account” and headed to the polls, “triumphantly returning a majority to this General Assembly.”

The Republicans returned with renewed energy and enthusiasm, but also tempered by their previous defeat. They would pass only one new personal liberty law* to join the lone personal liberty law that the Democrats were previously unable to repeal. (That unrepealed law, by the way, was instrumental in getting the charges dropped against the Oberlin-Wellington Rescuers.) The more radical personal liberty laws, like Monroe’s, the Republicans would leave on the shelf. But Ohio Republicans would also “demand the repeal of the Fugitive Slave Act of 1850.” The General Assembly did its part in accommodating that wish, electing Republican Salmon Chase, the country’s most vocal opponent of the Fugitive Slave Law, to the United States Senate (as U.S. Senators at that time were elected by state legislatures, not by popular vote). The Republican Ohio Supreme Court also pitched in, striking down the Democratic law of early 1859 that had denied the vote to any “persons having a mixture of African blood.” [11]

Republican enthusiasm flourished right on into the 1860 Presidential election, when Ohio elected by a wide margin the first ever Republican President, Abraham Lincoln. And the rest, as they say, is history.

But history repeats itself, as another saying goes, over and over again. Great progress is never linear, but a series of forward steps interrupted occasionally by the inevitable and often disheartening backstep. History teaches us that antebellum Ohio’s progress was no more linear than today’s – in fact far less so. But history also teaches us that progress can resume after a backslide, if its advocates use the opportunity to regroup and re-energize, to constructively “exert a mighty influence” on public opinion, to listen to the grievances of their opponents, and to accommodate those grievances that are reasonable while standing firm and courageous against those grievances that are not.

In the words of Mahatma Gandhi, “We may stumble and fall, but shall rise again; it should be enough if we did not run away from the battle.” [12]

 

* Historians have traditionally taken the stance that this General Assembly passed no new personal liberty laws – a claim that I myself repeated in my Part 3 blog. Since then I have discovered that the Republicans discreetly passed what amounted to a low-key personal liberty law in 1860. [13] This law would have an impact on the infamous Lucy Bagby case of 1861, and will be discussed in detail in a future blog.

 

SOURCES CONSULTED:

Ron Gorman, Kidnapped into Slavery: Northern States’ Rights, Part 1

Ron Gorman, Monroe’s Personal Liberty Law: Northern States’ Rights, Part 2

Ron Gorman, “Odious Business” in Oberlin: Northern States’ Rights, Part 3

James Monroe, “Speech of Mr. Monroe of Lorain, In the House of Representatives, Jan 12, 1858”, Oberlin College Archives, RG30/22, Series 5, Subseries 3, Box 27

James Monroe, Speech of Mr. Monroe of Lorain, upon the bill to repeal the Habeas Corpus Act of 1856

The Oberlin-Wellington Rescue 1858“, Oberlin Heritage Center

Jacob Rudd Shipherd, Oberlin Wellington Rescue

Steven Lubet, The “Colored Hero” of Harper’s Ferry

Stephen Middleton, The Black Laws: Race and the Legal Process in Early Ohio

“Public Voice of the People. Public Meeting at Painesville”, Cleveland Daily Leader, Apr 28, 1859, p. 2

“Benighted Ashtabula”, Ohio State Journal, Oct. 16, 1857, p. 2

The Ohio Platforms of the Republican and Democratic Parties, from 1855 to 1881 Inclusive

Joseph Patterson Smith, History of the Republican Party in Ohio, Volume 1

“Alfred J. Anderson v. Thomas Milliken and Others”, Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 9

Acts of the State of Ohio, Volume 57

James H. Fairchild, Oberlin: The Colony and the College, 1833-1883

Gaye Williams Ortiz and Clara A. B. Joseph, Theology and Literature: Rethinking Reader Responsibility

 
FOOTNOTES:

[1] Gorman, Part 3
[2] Monroe, “Speech…Jan 12, 1858”, pp.4, 7-8
[3] “Benighted Ashtabula”
[4] Monroe, Speech…Habeas Corpus Act of 1856, p. 5
[5] Ohio Platforms, p. 9; Middleton, pp. 130-131
[6] Lubet, pp. 58, 65, 77; Gorman, Part 3; Gorman, Part 2
[7] Gorman, Part 3; The Oberlin-Wellington Rescue 1858
[8] Fairchild, p. 19 (quoting John J. Shipherd)
[9] “Public Voice”
[10] Shipherd, p. 255
[11] Gorman, Part 3; Smith, p. 91; “Alfred J. Anderson”, p. 458
[12] Ortiz, p. 126
[13] Acts…Volume 57, pp. 108-109

The Lincoln Assassination: 150 Years Ago

Tuesday, April 7th, 2015

by Ron Gorman, Oberlin Heritage Center volunteer docent and researcher

[Warning – the following text contains some racist language in its original, historic context]

In the evening mist of April 11, 1865, Oberlin’s African American political leader, John Mercer Langston, stood among a crowd on the White House lawn and listened to the words of President Abraham Lincoln as he delivered, by candlelight from a second story window, a “grave and thrilling” speech.  In it, Lincoln outlined his general philosophy for Reconstruction of the Union after four years of bloody civil war – a policy made imminent by the surrender two days earlier of Robert E. Lee’s Confederate army at Appomattox Court House, Virginia.   Acknowledging that his Reconstruction plan was a work in progress, Lincoln nevertheless defended it against critics who saw it as too lenient and conservative.  “It is also unsatisfactory to some that the elective franchise is not given to the colored man,” the President confessed.  “I would myself prefer that it were now conferred on the very intelligent, and on those who serve our cause as soldiers. . .The colored man, too, in seeing all united for him, is inspired with vigilance, and energy, and daring, to the same end.  Grant that he desires the elective franchise, will he not attain it sooner by saving the already advanced steps toward it, than by running backward over them?”  It might not have been everything that Langston, an elected public official himself, hoped for.  But in contrast to what any American President had ever said before, Lincoln’s words struck him as spoken “like a prophet, reminding one of the ancient Samuel as he called the people to witness his integrity.”  Not far from where Langston stood, however, another listener had a very different reaction to Lincoln’s words.  “That means nigger citizenship,” he hissed to his companions.  And he added a vow: “That is the last speech he will ever give.”  His name was John Wilkes Booth and, sadly, he was right about that. [1]

LangstonLincoln

Meanwhile, back in Oberlin, the air was electric with the flush of victory and the promise of peace.  A new term had just begun at Oberlin College, but students were finding it difficult to concentrate on their studies amid all the excitement of the recent news.  First the Confederate capitol of Richmond, Virginia had fallen on April 2nd, then Lee’s army surrendered on April 9th.  The long, bloody rebellion, like the Confederacy itself, was in its death throes.  Oberlin College student Lucien Warner described the atmosphere:

“In the spring I returned to Oberlin to complete the last six months of my college course.  We had hardly commenced our term when Petersburg and then Richmond fell, and the terrible four years’ war was ended.  Victory rang through the nation, and people everywhere celebrated it in the most extravagant ways they could invent.  Everything that could make a noise was called into commission, from horns and tin pans to old anvils.  Such rejoicing comes to a nation but once in many generations.  The whole land took on new light and hope, and we felt that we really were again one nation.” [2]

Ohio Governor John Brough proclaimed an official day of Thanksgiving to be observed on Good Friday, April 14th – the four year anniversary of the fall of Fort Sumter which had signaled the start of the Civil War.  Oberlin went enthusiastically about the business of preparing for the celebration.  When the appointed day arrived, there was something for everybody, as described by the Lorain County News:

“The day was opened by the firing of a salute at 6 A.M.  At half past ten the people gathered at the First Church to join in religious exercises and listen to addresses.  Prof. [James H.] Fairchild, Prof. Morgan, and Principal [E. Henry] Fairchild each delivered brief, appropriate, and eloquent addresses, and at the close of the meeting a liberal collection was taken up for the Christian Commission.  In the afternoon a prayer meeting was held in the First Church, and exercises were also held in the Second Church.  The rejoicings were opened in the evening by the firing of a salute and the ringing of the bells.  A general illumination of the College buildings, stores and private dwellings soon followed, and a procession representing beautiful designs, mottoes, transparencies of almost every description, moved through the principal streets, preceded by martial music, and brought up on Tappan Square, where patriotic speeches by citizens and students were listened to, fire-works and balloon ascensions were witnessed, and a huge bon-fire brilliantly lit up the entire square.  Not an accident or disorderly act occurred to mar the spirit of the occasion, and although every one seemed to celebrate and rejoice with a hearty good will, there was observable a mingling of serious earnestness, and quiet joy, which is rarely seen on such occasions.” [3]

 

WarnerTransparency

Lucien Warner described the festivities in a letter home to his mother:

“Last Friday was appointed by the Governor of this State for public Thanksgiving.  All businesses were suspended and every one rejoiced as best he was able.  In Cleveland every one rejoiced by getting drunk, but we remained sober and rejoiced.  In the evening almost every house, tree and door-yard was illuminated, and flags, banners and transparencies were without number.  There were about ten thousand candles burning all at once in the illumination.”  [4]

Oberlin went to bed that night and slept in a state of blissful peace.

But while Oberlinites slept, the telegraph did not:

Washington – April 15, 12:30 A.M.  The President was shot at a theatre to-night and is perhaps mortally wounded.

——————————————————————–

Washington – April 15, 3:00 A.M.  The President is not expected to live through the night.  He was shot at a theatre. Secretary Seward was also assassinated.  There were no arteries cut.  Particulars soon.

——————————————————————–

WAR DEPARTMENT, WASHINGTON, April 15
To Maj Gen Dix;
Abraham Lincoln died this morning at twenty-two minutes after seven o’clock.
EDWIN M. STANTON, Sec’y of War [5]

——————————————————————–

There was no daily newspaper published in Oberlin at that time, so the awful tidings traveled by word of mouth the following morning.  The sudden shock of the tragic news, in contrast to the jubilation of the night before, was still vividly recalled by Reverend Roselle T. Cross,  then an Oberlin College student, 28 years later:

“Who that was present can forget the rejoicing of April 14th?  Who can forget the illuminations of that night, or the great bonfire in Tappan Square, around which four thousand people were gathered.  And who can forget the awful shock of the next morning when news came of Lincoln’s assassination; all day it rained; recitations were suspended.  All day we walked the streets aimlessly, scarcely recognizing our friends when we met them.  All day long the college bell tolled.” [6]

The Lorain County News described the mood in its next issue, published the following Wednesday:

“But who will attempt to describe our feelings on the reception of the crushing news early on the following day?  At first it seemed incredible.  The sudden transition from overflowing joy, and praise and gratitude to God, to the overwhelming grief which the terrible tidings brought upon us, was too much for the great heart of the people to bear, and all sank beneath it like a crushed reed.  The stars and stripes were lowered half-mast, the chapel bell tolled solemnly and mournfully throughout the long, weary day, recitations were suspended in the Institution, crowds hurried to the [train] depot, to get a sight of the morning paper, business was nearly suspended, the land was overshadowed with dark and weeping clouds, and all nature seemed to mourn.” [7]

Lucien Warner, who had seen President Lincoln in person the year before while serving a 100 day enlistment in the Union army defenses of Washington, D.C., learned the news at the end of his morning recitation:

“The next morning at nine o’clock we received the sad intelligence of the assassination of President Lincoln.  It was as though a clap of thunder had stunned every person.  The news was brought to our class at the close of a recitation.  For nearly five minutes we sat motionless, forgetting that the class had been dismissed.  I have loved other public men, but the death of no one could have affected me like that of President Lincoln.  Ever since I looked upon his honest, genial countenance I have loved him like an intimate friend; and so I suppose did every loyal man.  I think there were but few in this town but that shed tears on that day.  Further study was out of the question.” [8]

Throughout the day, as the chapel bell tolled and the students “put on crepe”, details trickled in about the assassinations. The President had been shot in the back of the head by an actor named John Wilkes Booth.  Secretary of State William Seward had been the victim of a savage knife attack at approximately the same time by another assassin – one of Booth’s companions at Lincoln’s final speech, it would turn out.  Later that Saturday morning the telegraph brought news that Secretary Seward had also died.  It wouldn’t be until Monday that it was learned that Seward had survived, to the relief of “the overburdened public mind”. [9]

The assassinations would be the main topic of two sermons delivered the next day, Easter Sunday, by Reverend Charles G. Finney at First Church.  Finney was one of those who believed that “Mr. Lincoln was a man so intensely kind & accommodating that many of us felt that he might be induced to leave the power of the great slave holders unbroken, by too lenient an exercise of the pardoning power.”    And now  he told his congregation: “We must show the world that rebellion is a fearful, terrible thing. The President was an amiable man, tender, kind-hearted, but perhaps he stood in God’s way of dealing with the Rebels just as they ought to be dealt with for the good of the nation, and for the good of humanity.” [10]

John Mercer Langston was still in Washington, D.C. when John Wilkes Booth made good his vow – three nights after Lincoln delivered that fateful speech.  Langston had gone there before the surrender of Robert E. Lee with a bold proposal (for that era) – requesting a colonel’s commission and the command of a combat regiment of United States Colored Troops (USCT).  Just months earlier, Sergeant Milton Holland, one of several men Langston had recruited into the 5th USCT infantry regiment,  had been denied a promotion to captain because the War Department was reluctant to appoint African Americans as combat officers. (See my Battle of New Market Heights blog.)  But with the hearty endorsement of Ohio abolitionist General James A. Garfield (who himself would be assassinated as President sixteen years later), Langston received an encouraging reception from Secretary of War Stanton, and Langston and Garfield left the interview “with the belief firmly settled in their minds” that Langston’s proposal “would receive the sanction and approval of the authorities.”  With the surrender of Lee, however, the army immediately began to scale down, and Langston noted that “the department very properly concluded not to adopt the measure”.  On the heels of this came what Langston called “the horror of horrors” – “the assassination of the immortal Abraham Lincoln.”  While it was no secret among abolitionists that Lincoln himself shared some of the racial prejudices of his day, Langston saw him as “a statesman without an equal; a leader, as grand in the immense proportions of his individuality as Moses himself; an emancipator of a race.” [11]

Another Oberlin political leader, James Monroe, didn’t learn of the assassinations until more than a month after the fact, having been appointed by Lincoln as U.S. consul to Rio de Janeiro.  When the news finally reached Brazil of the “monstrous crimes”, Monroe declared: “Our strong men wept, and every one felt that he had experienced a great personal calamity.”   Back in 1861, Monroe had had the honor of accompanying President-elect Lincoln on part of his railroad journey from his hometown of Springfield, Illinois to his inauguration in Washington, D.C.   But by the time Monroe learned of Lincoln’s death, the Lincoln funeral train had already retraced the inaugural route back to Springfield, including a stop in Cleveland where thousands of mourners paid their final respects.  Among those mourners were some from Oberlin, including Oberlin College student John G. Fraser, who recorded in his diary: [12]

“The crowd was the largest I ever saw and by far the most quiet and orderly. The very skies seemed to be weeping for the good man’s fall. I looked upon his face three times. It has a quiet, peaceful look upon it, as though he were at peace with his God, himself and all the world. How could an assassin have the heart to kill such a man?”

LincolnFuneralCleveland-cro

Lincoln funeral reception – Cleveland

Some in that mournful throng may have recalled back to the inaugural train journey of four years earlier and a brief, impromptu, perhaps prophetic speech President-elect Lincoln delivered in Independence Hall, Philadelphia, where the Declaration of Independence was signed and the nation was born.  But when Lincoln spoke there in 1861 the nation’s survival seemed uncertain, with several slaveholding states having declared themselves seceded from the Union because, as their own newly elected President, Jefferson Davis, explained it, “the sacred Declaration of Independence has been invoked to maintain the position of the equality of the races.” [13]  Speaking on Washington’s birthday, with the prospect of civil war looming and rumors of assassination plots abounding, President-elect Lincoln re-affirmed his commitment to that “sacred Declaration”: [14]

“I have never had a feeling politically that did not spring from the sentiments embodied in the Declaration of Independence… which gave liberty, not alone to the people of this country, but, I hope, to the world, for all future time. It was that which gave promise that in due time the weight would be lifted from the shoulders of all men. This is a sentiment embodied in the Declaration of Independence. Now, my friends, can this country be saved upon that basis? If it can, I will consider myself one of the happiest men in the world, if I can help to save it. If it cannot be saved upon that principle, it will be truly awful. But if this country cannot be saved without giving up that principle, I was about to say I would rather be assassinated on this spot than surrender it…

My friends, this is wholly an unexpected speech… I may, therefore, have said something indiscreet.  I have said nothing but what I am willing to live by and, if it be the pleasure of Almighty God, die by.”  – Abraham Lincoln, February 22, 1861

 

 SOURCES CONSULTED:

“Oberlin Local: The Thanksgiving and Celebration”, Lorain County News, April 19, 1865, p. 2

John Mercer Langston, From the Virginia Plantation to the National Capitol

David Herbert Donald, Lincoln

Lucien Calvin Warner, Personal Memoirs of Lucien Calvin Warner

Robert Samuel Fletcher, A History of Oberlin College From its Foundation through the Civil War, volume 2

“Last Public Address”, Abraham Lincoln Online

“Assassination of President Lincoln and Secretary Seward”, Lorain County News, April 19, 1865, p. 2

Rev R. T. Cross, “The Fourth Decade”, The Oberlin Jubilee 1833-1883

Charles G. Finney to James Barlow, June 22, 1865, The Gospel Truth

“Address in Independence Hall”, Abraham Lincoln Online

“Jefferson Davis’ Farewell Address”, The Papers of Jefferson Davis, Senate Chamber, U.S. Capitol, January 21, 1861

“The Great Sorrow”, Lorain County News, April 19, 1865, p. 2

James Monroe, Oberlin Thursday Lectures, Addresses, and Essays

“Building Erected for the Reception of the Body of the President at Cleveland”, Library of Congress

“Lincoln Parade Transparency, 1860”, Smithsonian: The National Museum of American History

Catherine M. Rokicky, James Monroe: Oberlin’s Christian Statesman and Reformer, 1821-1898

William Cheek and Aimee Lee Cheek, John Mercer Langston and the Fight for Black Freedom: 1829-1865

Jacob Henry Studer, Columbus, Ohio: Its History, Resources and Progress

James H. Fairchild, Oberlin: The Colony and the College, 1833-1883

General Catalogue of Oberlin College: 1833- 1908

FOOTNOTES:

[1] Langston, pp. 220-221; “Last Public“; Donald, pp. 581-588
[2] Warner, p. 45
[3] “Oberlin Local”
[4] Warner, p. 45
[5] “Assassination”
[6] Cross, p. 220
[7] “Oberlin Local”
[8] Warner, pp. 45-46
[9] Fletcher, p. 883; “The Great Sorrow”
[10] Charles G. Finney; Fletcher, p. 883
[11] Langston, pp. 219-223
[12] Monroe, pp. 206-207; Rokicky, pp. 65-66; Fletcher, pp. 883-884
[13] “Jefferson Davis’ Farewell Address”
[14] “Address in Independence Hall”

Secession Concessions

Monday, May 26th, 2014

by Ron Gorman, Oberlin Heritage Center volunteer docent

It was February 4, 1861, and the United States of America was coming unglued.  On this date Oberlin residents gathered together to pray and discuss their response.  Three months earlier the country, Oberlin included,  had elected a Republican President for the first time in its history.  He was Abraham Lincoln, and he ran on a platform that opposed the expansion of slavery into the national territories (the majority of land west of the Mississippi River).   But just six weeks after that, South Carolina seceded from the Union, stating as a reason that the Northern states had elected a “President of the United States, whose opinions and purposes are hostile to slavery.”  This was followed by Mississippi on January 9, 1861, then Florida, Alabama, Georgia, Louisiana and Texas within the next four weeks.  Altogether there were 15 slaveholding states.  If they all followed the lead of the Deep South states, it would likely be the end of the American Union.  What to do about it was a question that vexed the nation, Ohio, and Oberlin. [1]

The delegates to Georgia’s secession convention had proposed a potential solution.   On January 18, they enumerated a list of “satisfactory guarantees” that might keep them “permanently in this Union.”  Among the guarantees they sought were “that Congress shall have no power to abolish or prohibit slavery in the territories.”  They also insisted that “each State shall be bound to surrender fugitive slaves,” and that all states should “purge their statute books” of personal liberty laws, which were laws that had been passed by many of the Northern states to circumvent the federal Fugitive Slave Law (see my Kidnapped into Slavery blog for details). [2]

Variations of these demands were considered by numerous committees and conventions, called together to attempt to coax the seceded states back into the Union, or at least discourage more slaveholding states from joining them.  But in their February 4th meeting, Oberlin residents, led by Mayor Samuel Hendry and Reverend Miner Fairfield (soon to be pastor of Oberlin’s  Second Congregational Church), made it clear exactly how they felt about concessions: “we solemnly protest against any concessions to slavery, or to the demands made by the abettors in any form whatever, and especially against making such concessions at the behest of traitors in arms against the Union.” [3]

Nettleton and Cowles

This protest was printed in both of Oberlin’s newspapers, the Oberlin Evangelist, and the Lorain County News (both published by publishers V. A. Shankland and J. F. Harmon).  The Lorain County News, edited by Oberlin College student Alvred Nettleton, gave its full-fledged support to the residents’ protest, calling it “the expression of God fearing men who are imbued with an unflinching devotion to the principles of freedom.”  The Oberlin Evangelist, edited by former Oberlin College professor Henry Cowles, said “there ought to be at least ten thousand such meetings held in the free North.” [4]

The Oberlin Evangelist also editorialized its own sentiments: “Concession, not compromise, is really the word now… We oppose it utterly.  To make one new concession now to the demands of the Slave Power, be it ever so small, would practically break down the Federal Government.” [5]  And they made it clear that their anti-concession stance extended to the Fugitive Slave Law and the personal liberty laws as well:

“It has been often intimated that the personal liberty laws of several of the Free States are the special grievance…  But they cannot be repealed.  They exist as the demand of our times.  The Fugitive Slave Act of 1850 puts the personal liberties of free men in peril in every Free State.  While that act remains in force, no Free State ought to repeal the personal liberty laws.  That act provides facilities for kidnapping free men, and utterly fails to provide due safeguards for determining the great question of personal freedom.” [6]

The Lorain County News agreed: “The Fugitive Slave Act is an outrage upon rights, an arrogant imposition on enlightened consciences and a burden which is intolerable to all high minded men and women.” [7]

James Monroe

James Monroe
(courtesy Oberlin College Archives)

So it would sound as if Oberlin was united against any compromises or concessions, right?  Well, not exactly.  There was at least one conciliatory voice, and ironically it came from Oberlin’s leading politician, Ohio state Senator James Monroe, a Republican abolitionist.  On January 12, 1861, Monroe addressed the Ohio Senate and said:

“Civil war even now threatens us.  Fortifications that were all erected by the same fraternal hands and whose thunders should never be awakened except against a common and a foreign foe, now stand frowning defiance at each other in Charleston harbor [South Carolina – Fort Sumter]…  Let us then act at once, and act unitedly… let us send along the wires throughout the whole Country the firm but friendly words of these Resolutions.”

The resolutions to which he referred were a series of resolutions that he had co-authored, designed to “send words of encouragement and cheer to citizens of Slave States who are struggling to hold back States from the vortex of secession.”  The “friendly” resolutions would “disclaim all right or intention to abolish slavery in the States where it exists” and “commend the course of President Buchanan in all that he has done to resist the spirit of disunion.”  (For an Oberlin Republican to commend the staunchly pro-slavery Democratic President James Buchanan was quite a departure in itself!)

But another resolution was even more dramatic, although it might not appear so at first sight.   Monroe proclaimed that “the Constitution and all laws made in pursuance thereof, must be carried out in all States and Territories.”  As vague and innocuous as this may sound to us today, and perhaps to some of his constituents back then, it had a very specific meaning to the slaveholding states.  The U.S. Constitution included a clause that required fugitive slaves to be returned to their owners, and the federal Fugitive Slave Law was one of those “laws made in pursuance thereof.”  Thus this resolution was meant to convey to the slaveholding states Ohio’s support for enforcing the Fugitive Slave Law. [8]

And Monroe took it even further.  He also called “for the repeal in all States of all unconstitutional enactments.”  To the slaveholding states, this meant repeal of the personal liberty laws, which they considered to violate the constitutional obligation to return fugitive slaves.  This was quite a stunning reversal for the man who had just five years earlier drafted and defended Ohio’s most radical personal liberty law, which had been repealed by the Democratic-controlled Ohio General Assembly after being challenged by a United States District Judge.  (See my Monroe’s Personal Liberty Law blog for details.)  Monroe’s about-face had to come as quite a shock to U.S. Representative Joshua Giddings from Ashtabula County, who had entreated Monroe: “If you do anything I hope and trust you will assert our rights and call on other states to do the same instead of advising them to repeal their [Personal] Liberty bills.  This is no time for cowardice.” [9]

So what was up with Monroe, anyway?  Was it really “cowardice”?  Perhaps not.  For one thing, Monroe was only one of several co-authors of these bipartisan resolutions, and he admitted that “the Resolutions are not in all respects what I would personally have preferred.”  For another thing, we’ve only looked at the “friendly” resolutions so far, but as Monroe stated, there were “firm” resolutions as well.   One such resolution “denounce[d] secession as impossible under our form of government”,  and another one “pledge[d] the entire power and resources of Ohio to aid the Federal Government by whomsoever administered in preserving the Union in its integrity.”

Perhaps most important though is what the resolutions didn’t say.  Some legislators wanted to add wording to support the “Border State Propositions”, which were a series of proposed Constitutional amendments guaranteeing support for the institution of slavery – most notably allowing its expansion into the national territories.  This was a proposition that was vehemently rejected by President-elect Lincoln, who had won election on a non-expansion platform.  Monroe postulated that the Ohio “Senate can never unite upon these propositions.”  Per Monroe’s request, the Border State Propositions were excluded, and the resolutions Monroe advocated were passed almost unanimously by the Ohio General Assembly. [10]

So Monroe appeared willing to make concessions on the Fugitive Slave Law and the personal liberty laws, but like the Oberlin residents and newspapers, he was unwilling to concede on allowing slavery to expand into the territories.  And Monroe also appeared to be taking a firm stance against secession.  How did the Oberlin newspapers feel about that issue?  Let’s start with the Oberlin Evangelist:

“As to the more remote future, we expect a Southern Confederacy.  We do not expect concession enough from the free States to satisfy the demands of the slave States… They have in imagination a glorious ideal of the blessings of independence.  They must try it in the reality…

They will have opportunity to learn how much it costs to carry on and out the system of forced labor with no help from the free States in footing their bills.  This will be a new experience – we hope, instructive.” [11]

They were advocating, in the words of Horace Greeley, to “let the erring sisters go in peace”, rather than the use of force (“coercion”) to keep them in the Union.  (Hey, maybe Oberlin wasn’t “the town that started the Civil War” after all!)  The Lorain County News struck a similar chord:

“But as our wrath cools, we are beginning to doubt whether coercive measures are, after all, the best methods to employ against the traitors. We question whether the country would ever be compensated for the mutual hate, the pecuniary expenses and the rivers of blood which coercion would be likely to cost. We begin to see, too, that the worst punishment which could possibly be inflicted on the rampant treason would be a good letting alone, and that if the southern forts and arsenals should be given up to the traitors and their political existence should be distinctly recognized, they would soon plunge into a ruin which would be a standing warning against the danger of basing a State on injustice and cruelty.” [12]

This in fact was the anti-coercion policy of President Buchanan (who they ironically called an “imbecile” in the same article).  But even President Buchanan acknowledged that secession was unconstitutional and that it would render the nation a “rope of sand, to be penetrated and dissolved by the first adverse wave of public opinion in any of the States.” [13]  And of course Monroe had taken it even further when he declared that secession was “impossible under our form of government”.  To this sentiment, the Oberlin Evangelist replied:

“But it is said, if secession is to be allowed, then our government is a failure.  It has no power for self-preservation.  It is true that our government has its limitations – it can do some things, and others it cannot do.  It was designed for a free, self-governing people, intelligent in regard to their real interests and ready to accord to others what they ask for themselves.  It cannot hold, by the hand of power, States or provinces of unwilling subjects.  If a State refuses to be governed, our government cannot help it, and was never intended to do so.  It is not adapted to a people where the barbarism of slavery exists and extends itself.  Its power cannot work and control such  a people, for its power must be exerted through the people themselves.  Coercion might succeed, if a single insignificant State, like South Carolina, were affected with the mania of secession, with a division of sentiment within itself; but when vast sections of the Union move with a common impulse, however unjustifiable or unconstitutional the movement, we must let them go, and adjust ourselves to the new condition as we can…

Our first great danger is in compromise – our next in coercion.” [14]

Clearly there was a divide between Monroe and at least a sizable portion of his Oberlin constituency.  The James Monroe of 1858 would have been more in sync with them, at least on the issue of the Fugitive Slave Law and the personal liberty laws.  But Monroe, who would become the namesake of Oberlin’s “Monroe Rifles” in the ensuing civil war, had changed his tune by 1861.  In fact, he was now echoing the more conservative policies of President-elect Lincoln, who he actively campaigned for in the general election and would tour the state with in the following month.  If secession was to be resisted, it was wise to make some concessions and compromises to achieve as much unity as possible for prosecuting the civil war that might result.  If, on the other hand, you were willing to “let the erring sisters go in peace”, as were the Oberlin newspapers (and perhaps the general Oberlin populace), no compromises or concessions were necessary.

It bears repeating, however, that all of these players were rock solid in their commitment to prevent the expansion of slavery into the national territories, which Lincoln believed would put slavery on “the course of ultimate extinction”.  And on April 12, 1861, when the Confederates bombarded Fort Sumter, these men were all united behind the United States soldiers who would fight to put down the rebellion.  (See our “Lorain on Fire!! War Spirit at Oberlin!!!” blog for details on how these leading Oberlinites reacted.)

Five years later, when the dust, smoke and fog of civil war finally cleared, it would appear that the Oberlin Evangelist had been prophetic as to the end result, even though they didn’t envision the means by which it would be achieved: “It is so plain that even wayfaring men can see it – that God is preparing to use secession as a battering ram upon the entire system of American Slavery.”The Oberlin Evangelist, January 2, 1861 [15]

 

(If you would like to hear more about the controversy over the Fugitive Slave Law and Monroe’s personal liberty law, especially as it related to Oberlin, please join me and the Oberlin Heritage Center at the Heiser Auditorium at Kendal at Oberlin, at 7:15 PM, Tuesday, June 3rd, for a presentation commemorating the 150th anniversary of the repeal of the Fugitive Slave Law.)

SOURCES CONSULTED:

“Remarks of Mr. Monroe”, The Lorain County News, Vol 1, No. 48, page 1, January 30, 1861

“Prayer and Protest”, The Oberlin Evangelist, Feb 13, 1861, p. 31

“Protest”, The Lorain County News, February 6, 1861

“Are We Disunionists?”, The Lorain County News, February 6, 1861

“The Great Crisis. Secession”, The Oberlin Evangelist, Jan 2, 1861, p. 5

“Coercion”, The Oberlin Evangelist, Jan 30, 1861, pp. 22-23

“The Future of these once United States, and the Duty of the Hour”, The Oberlin Evangelist, Jan 30, 1861, p. 22

“Compromise and Concession”, The Oberlin Evangelist, Feb 13, 1861, p. 28

“What is the Federal Union Worth?”, The Oberlin Evangelist, Jan 2, 1861, p. 7

Catherine M. Rokicky, James Monroe: Oberlin’s Christian Statesman & Reformer, 1821-1898

Journal of the Public and Secret Proceedings of the Convention of the People of Georgia, Held in Milledgeville and Savannah in 1861, Together with the Ordinances Adopted

Declaration of Causes of Seceding States“, The American Civil War Homepage

Roy Franklin Nichols, The Disruption Of American Democracy

President James Buchanan, “Fourth Annual Message” (December 3, 1860)

“The Border State Convention”, The Lorain County News, February 6, 1861

“Shall the Impending War be a Good or an Unmitigated Evil?”, The Oberlin Evangelist, Apr 24, 1861, p. 70

George Frederick Wright, A Standard History of Lorain County, Ohio

Robert Samuel Fletcher, A History of Oberlin College

Republican Party Platform of 1860“, The American Presidency Project

FOOTNOTES:

[1] “Declaration”
[2] “Journal”
[3] “Prayer”
[4] “Protest”; “Prayer”
[5] “Compromise”
[6] “The Great Crisis”
[7] “Are We Disunionists?”
[8] “Remarks”
[9] “Remarks”; Rokicky, p. 63
[10] “Remarks”; Nichols, p. 456; Rokicky, p. 64
[11] “The Future”
[12] “Are We Disunionists?”
[13] Buchanan
[14] “Coercion”
[15] “What is the Federal Union Worth”

“Odious business” in Oberlin: Northern States’ Rights, Part 3

Thursday, January 23rd, 2014

by Ron Gorman, Oberlin Heritage Center volunteer docent

“An act to prevent slaveholding and kidnapping in Ohio”REPEALED!

“An act to prohibit the confinement of fugitives from slavery in the jails of Ohio”REPEALED!

Monroe’s 1856 Habeas Corpus ActREPEALED!

In early 1858 the newly elected Democratic Ohio General Assembly wasted no time attacking Ohio’s personal liberty laws, which had been passed by the prior Republican legislature to counteract the 1850 Fugitive Slave Law.  (See my Northern States’ Rights, Part 1 and Part 2 blog posts).  Between February and April they repealed the three laws listed above.  They also attempted to repeal a fourth law, “An act to prevent kidnapping”, but were unsuccessful at that, making it the only Ohio personal liberty law left standing. [1]

Although this might sound like a massive backlash on the part of the Ohio electorate, it might not have been quite as dramatic as it appears.  Ohio had a long history of flip-flopping between anti-slavery and anti-black legislatures from one election to the next.  Ohio historian William Cochran also attributed it to voter “apathy” in an off-year election, and to the Republicans “pat[ting] themselves on the back and go[ing] to sleep.”   But it’s also clear that the Democrats made a campaign issue of Republican policies, including the personal liberty laws, and it’s reasonable to assume that at least some conservative Ohioans were energized to vote Democratic by their apprehensions over the “radical” anti-slavery policies of the Republican legislature. [2]

One thing was certain though, the repeal of the personal liberty laws by the Democratic legislature opened up Ohio as a potential hunting ground for slavecatchers.   Oberlin, in particular, was vulnerable, both because it was widely known to be a haven for people seeking freedom from slavery, and also because one of Oberlin’s few pro-slavery residents, Anson P. Dayton, had just been appointed U.S. Deputy Marshal by the pro-slavery administration of President James Buchanan. [3]

The years prior to 1858 had been very quiet in northeast Ohio in terms of slavehunting activities.  The Cleveland Leader noted that “during the whole of President Pierce’s and the half of Mr. Buchanan’s Administration no efforts were made in these parts, in a business so odious to the people.”   But that would change now.  According to John Mercer Langston, who was Town Clerk at the time, in the Spring of 1858 “alarm was created by the presence of negro-catchers from Kentucky and other neighboring Southern States, who were prowling in stealth and disguise about this holy place in search of their fleeing property.”   In mid August, an attempt was made to capture the Wagoner family, and on August 20, Marshal Dayton and 3 cohorts attempted unsuccessfully to seize an African American woman and her children.  The attempt was repeated three nights later.  But Oberlin demonstrated that it could hold its own even without the support of state law, as all of these attempts were thwarted by a vigilant community.  In one case, James Smith, on hearing that Marshal Dayton was conspiring with slaveholders in North Carolina to capture him, chased the Marshal into the Palmer House (at the site of the present day Oberlin Inn) and struck him with a cane. [4]

In September, another Oberlin resident noted that “it was also universal town talk that there were several Southerners at [Chauncey] Wack’s tavern, whose business it was supposed to be to seize and carry off some of the citizens of the place.” [5]   And indeed one of those Southerners would conspire with a U.S. Marshal and two other men to abduct John Price, an alleged fugitive slave living in Oberlin.  The abduction and rescue of Price is a much publicized event known as the “Oberlin-Wellington Rescue”, so I won’t go into details here, but I thought it might be interesting to examine how the Rescue related to Ohio’s personal liberty laws.  (For details about the Oberlin-Wellington Rescue, see The Oberlin-Wellington Rescue 1858)

As we shall see, Monroe’s Habeas Corpus Act might have been written for just such an event as the Oberlin-Wellington Rescue, and it’s interesting to note that the Republican Governor and the Republican state supreme court proceeded as if that law had never been repealed!  They defied the Buchanan Administration in Washington D.C. and the slaveholder dominated United States Supreme Court, and opened the door for a potential armed confrontation between the state and federal governments that could have dwarfed the “Battle of Lumbarton“, fought  two years earlier.

After dozens of Oberlin and Wellington men were arrested by the federal government for rescuing John Price from his captors, the Ohio Supreme Court issued writs of habeas corpus to bring two of the rescuers before it to determine for itself whether the federal government had a right to imprison them.  According to historian Thomas D. Morris in his acclaimed study of the personal liberty laws of the North, this was in direct defiance of the United States Supreme Court, which had just weeks earlier, in another Fugitive Slave Law case, ruled that a state court had no authority to interfere with, or even question, a detention once it learned that the prisoners were held under authority of the federal government (Abelman v. Booth).  In addition, the writs weren’t directed to the federal law enforcement officers who had arrested the rescuers (and who likely would have ignored the writs); instead they were directed to the Cuyahoga County Sheriff, who had jurisdiction over the jail the rescuers were being held in.   This is exactly what would have happened under the Monroe law.  The Buchanan Administration angrily protested that “the State Court have no authority to meddle with this business.”  But the Sheriff, who was sympathetic to the rescuers, voluntarily complied with the writs.  (He would have been required to under the Monroe law.)  This left the federal law enforcement agents with no choice but to accompany the Sheriff and their prisoners to the state court in Columbus.  However, they were under strict orders from the Buchanan Administration that the rescuers “must under no circumstances be surrendered”, even if the Ohio Supreme Court ordered them released. [6]

While all this was going on, Ohio Governor Salmon Chase was publicly telling a large crowd in Cleveland that he would go along with whatever the Ohio Supreme Court decided, and that if they decided the rescuers should be set free, then “so long as Ohio was a Sovereign State, that process should be executed.” [7]  Chase, of course, knew that the federal law enforcement officers would never free the rescuers voluntarily, and thus it would appear he was prepared to use force to free them, as would have been authorized by the terms of Monroe’s repealed law.  As it turns out though it was all a moot point, since the Ohio Supreme Court decided by a 3 to 2 margin that the imprisonment of the rescuers was indeed authorized by the U.S. Constitution (in spite of the judges’ own personal feelings).   Thus another armed confrontation between the federal government and the state of Ohio was avoided, but it was nonetheless a disheartening verdict for the rescuers and a sad day for Oberlin.

But all was not yet lost.  There was still one arrow left in the quiver.  Ohio still had one lonely personal liberty law left on the books, the 1857 “act to prevent kidnapping”.  If you recall from Part 1 of this series, that law mandated a minimum sentence of three years hard labor in the state penitentiary for anyone who should “forcibly or fraudulently carry off or decoy out of this state any black or mulatto person… claimed as fugitives from service or labor, or shall attempt to [do so], without first taking such black or mulatto person or persons before the court, judge or commissioner of the proper circuit, district or county.”  In February, 1859, a Lorain County Grand Jury issued an indictment under that law against the four men (including the U.S. Marshal) who had captured John Price.  Since these men were frequently coming to northeast Ohio to testify against the rescuers at their trials, it set up an interesting cat-and-mouse game where Lorain County Sheriff Harmon Burr (an Oberlin College alumnus) tried to arrest the slavecatchers, while the federal government tried to protect the slavecatchers so they could testify against the rescuers.  This led the anti-Oberlin Cleveland Plain Dealer to scoff, “Oberlin has now taken up and become the champion of the Southern doctrine of ‘State Rights’.”  [8]

Sheriff Harmon E Burr
Lorain County Sheriff Harmon Burr
(from Lorain County Sheriff’s Office)

Ultimately Sheriff Burr did succeed in arresting the slavecatchers and in convincing them that an angry Lorain County jury would almost certainly convict them at their trial, which was scheduled to begin in July.  The slavecatchers wanted no part of a three to eight year sentence of hard labor in the notorious Ohio State Penitentiary, so they accepted a deal where the county would drop the charges against them if they persuaded the federal government to drop the charges against the rescuers.  Since the testimony of the slavecatchers was essential to the case against the rescuers, the federal government had no choice but to comply with their request.  And so it was that the most conservative of  Ohio’s personal liberty laws ultimately led to the liberty of the Oberlin-Wellington Rescuers.  News of Oberlin’s triumph spread nationwide and even overseas, with the Springfield (Massachusetts) Republican exulting, “So ends the famous rescue cases and it may be safely set down as a fixed fact that they are the last of the sort in Ohio.  The persecution of Christian men for showing kindness to runaway negroes is a losing operation socially and politically.” [9]

Out of Jail poster
Poster announcing celebration for Rescuers
(courtesy Oberlin College Archives)

And it was indeed a “losing operation” for the Democrats, as the Republicans regained control of the Ohio General Assembly in the elections of 1859.  Voter disgust at the Fugitive Slave Law and the treatment of the rescuers by the federal government was a contributing factor to yet another electoral flip-flop.  Beginning their new term in early 1860, James Monroe and other “radical” Republicans now looked to try and reinstate the repealed personal liberty laws.  But the situation was different than it had been the last time the Republicans were in control.  Now the Republicans were looking towards the Presidential election of 1860 and the very real possibility of a first-time ever Republican victory placing an anti-slavery President in the White House – IF they played their cards right.  And that meant playing no cards that would lead the public to perceive them as being too radical.   This was especially true after John Brown’s raid of the federal arsenal at Harpers Ferry, Virginia, in October, 1859.  Republicans wanted to distance themselves from radical and violent abolitionism as much as possible. As a result, the Republican Ohio General Assembly passed no personal liberty laws*, and other northern states refrained from radical legislation as well. [10]

The strategy paid off, and Republican Abraham Lincoln was elected to the Presidency in November.  But almost immediately after his election, slaveholding states started seceding from the Union.  Despite the fact that Republicans had shown restraint in passing new personal liberty laws, the seceding states included the personal liberty laws in a list of grievances justifying their secession.   Texas, in its “Declaration of the Causes” of secession, claimed the following:

“[Texas] was received [into the federal Union] as a commonwealth holding, maintaining and protecting the institution known as negro slavery– the servitude of the African to the white race within her limits– a relation that had existed from the first settlement of her wilderness by the white race, and which her people intended should exist in all future time… But what has been the course of the government of the United States, and of the people and authorities of the non-slave-holding States, since our connection with them? …
 
The States of Maine, Vermont, New Hampshire, Connecticut, Rhode Island, Massachusetts, New York, Pennsylvania, Ohio, Wisconsin, Michigan and Iowa, by solemn legislative enactments, have deliberately, directly or indirectly violated the [fugitive slave clause] of the federal constitution, and laws passed in pursuance thereof; thereby annulling a material provision of the compact, designed by its framers to perpetuate the amity between the members of the confederacy and to secure the rights of the slave-holding States in their domestic institutions– a provision founded in justice and wisdom, and without the enforcement of which the compact fails to accomplish the object of its creation. Some of those States have imposed high fines and degrading penalties upon any of their citizens or officers who may carry out in good faith that provision of the compact, or the federal laws enacted in accordance therewith.
 
In all the non-slave-holding States, in violation of that good faith and comity which should exist between entirely distinct nations, the people have formed themselves into a great sectional party, now strong enough in numbers to control the affairs of each of those States, based upon an unnatural feeling of hostility to these Southern States and their beneficent and patriarchal system of African slavery…” [11]

The secession of the slaveholding states ultimately led to civil war, and civil war moved the Fugitive Slave Law controversy to a new forum and its combatants to new battlefields.  But finally, in 1864, the United States Congress repealed the notorious Fugitive Slave Law.  The next year the 13th amendment of the United States Constitution was ratified, abolishing slavery nationwide.  And two months after that, the Ohio General Assembly finally retired its lone surviving personal liberty law, “An Act to prevent kidnapping” – the law that had brought to Oberlin one of the  greatest triumphs and most joyous celebrations of its rich and colorful history.

 
* Historians have traditionally taken the stance that this General Assembly passed no new personal liberty laws. Since I wrote this, however, I’ve discovered that the Republicans discreetly passed what amounted to a low-key personal liberty law in 1860. This law would have an impact on the infamous Lucy Bagby case of 1861, and will be discussed in detail in a future blog. – Ron Gorman, Nov. 19, 2016

 
SOURCES CONSULTED:

William Cox Cochran, The Western Reserve and the Fugitive Slave Law

Nat Brandt, The Town that Started the Civil War

Thomas D. Morris, Free Men All: The Personal Liberty Laws of the North 1780-1861

“A Declaration of the Causes which Impel the State of Texas to Secede from the Federal Union”, Declaration of Causes of Seceding States, University of Tennessee

John Mercer Langston, From the Virginia Plantation to the National Capitol

William Cheek, John Mercer Langston and the Fight for Black Freedom, 1829-65

Jacob Rudd Shipherd, History of the Oberlin Wellington Rescue

James Monroe, Speech of Mr. Monroe of Lorain, upon the Bill to Repeal the Habeas Corpus Act of 1856

James Monroe, Oberlin Thursday Lectures, Addresses, and Essays

Paul Finkelman, An Imperfect Union: Slavery, Federalism, and Comity

Acts of the State of Ohio, Volume 63

The public statutes at large, of the state of Ohio [1833-1861], Volume 4

“Harmon E. Burr”, Whiteside County Biographies

General catalogue of Oberlin college, 1833 [-] 1908, Oberlin College Archives

Robert Samuel Fletcher, A history of Oberlin College: from its foundation through the Civil War, Volume 1

 
FOOTNOTES:

[1] Public, Vol 4, pp. 3028, 3036; Cochran, p. 118
[2] Cochran, p. 118; Monroe, Speech, pp. 3, 4, 13
[3] Cheek, p. 316
[4] Cochran, pp. 119, 121; Fletcher, Chapter  XXVI; Langston, p. 183
[5] Shipherd, p. 32
[6] Morris, p. 187; Finkelman, p. 178; Brandt, p. 202
[7] Cochran, p. 186
[8] Cochran, pp. 197-198; Brandt, pp. 172-173; General Catalogue, p. 336; “Harmon”
[9] Cochran, p. 201
[10] Cochran, pp. 209-210; Monroe, Thursday, p. 121; Morris, pp. 188-190, 219-222
[11] “A Declaration”

Monroe’s Personal Liberty Law: Northern States’ Rights, Part 2

Saturday, December 28th, 2013

by Ron Gorman, Oberlin Heritage Center volunteer docent

It was May 27, 1857, four years before the start of the American Civil War.  On this day an armed confrontation over the issue of states’ rights would occur between forces of the United States federal government and local law enforcement officers at South Charleston.  But this wasn’t South Charleston, South Carolina, it was South Charleston, Ohio, about midway between Columbus and Dayton.  The confrontation, which involved the exchange of gunfire and the serious injury of a county sheriff, would be called the “Battle of Lumbarton”, or the “Greene County Rescue”.  A United States District Judge would blame the fighting on a “strange and anomalous” law passed a year earlier by the Ohio General Assembly.  That law was written by Oberlin College Professor James Monroe, a freshman state legislator, with the support of Governor Salmon P. Chase.  It was a “personal liberty law”, designed to counteract the effects of the 1850 federal Fugitive Slave Law (see my Kidnapped into Slavery blog post).  But its critics would call it “shocking in its hideousness, loathsome in its practices, and dangerous in its designs.”  This blog will examine that law and the battle that ensued. [1]

On its surface, there was nothing about this law that would suggest the “hidden treachery” its critics accused it of.  Certainly nothing about its name would evoke anything but a deep yawn:  “An act further to amend and supplementary to an act entitled an act securing the benefits of the writ of habeas corpus.”  Nor was its author, Professor Monroe, the kind of fire-eating hot-head who you might expect would write a “statute of sedition and discord.” [2]

In fact this law, as its tortuous name suggests, was an amendment to an existing state law – the 1811 “act securing the benefits of the writ of habeas corpus.”  The writ of habeas corpus is an ancient and revered legal custom that allows a judge to order a prisoner who is being detained to be brought before him so that the judge can determine if the detention is lawful.  If the judge decides it isn’t, the prisoner is released.  The writ of habeas corpus became a flashpoint in the late 1850s when northern states began to resist the 1850 Fugitive Slave Law and question the legality of the detentions of accused fugitive slaves held in custody by the federal government. [3]

In one particularly high-profile Ohio case, the 1856 Margaret Garner tragedy (see my Lucy Stone and the Margaret Garner tragedy blog post), a local judge issued a writ of habeas corpus to bring before him the Garner family, who were being held as alleged fugitive slaves, but they were returned to slavery instead.  This infuriated Ohio’s abolitionist Governor, Salmon P. Chase, who found himself powerless to do anything about it.  So Chase asked James Monroe to draft an amendment to the 1811 law that would give him the power to forcefully execute the writ of habeas corpus if the need were ever to arise again in the future.  The result was the law described above, which is commonly known as the 1856 Habeas Corpus Act, or Monroe’s Personal Liberty Law. [4]

In the late 1850s, when Monroe was defending his law against critics who called it “a disgrace to our State” and demanded its repeal, he tried to downplay its radical nature, saying: “The late law amends and repeals only one section of the original act, and the amendment in this case is an unimportant one.”[5]   But thirty years later he was singing a different tune.  Here’s how he described his law to an Oberlin audience at that time:

The effective provision of the new bill was that whenever any judge or a State court who is about to issue the writ of Habeas Corpus for the relief of any person alleged to be unlawfully deprived of liberty by an officer, shall become convinced, by affidavit or otherwise, that such officer will not obey the writ, he shall direct it to the sheriff of the county, who shall proceed with the “power of the county” that is, all the able-bodied citizens of the vicinage, and take the person detained out of the custody of the officer detaining him, and bring him before the judge issuing the writ…
 
It is easy to see that any county like Lorain, where the anti-slavery sentiment was strong, would furnish a pretty lively company to be the sheriff’s posse.  Neither slavery, nor the Fugitive Slave Law, nor even the United States Courts were named in the bill, but it was nevertheless a vigorous procedure.  The bill had not much growl or bark in it, but it had plenty of teeth. [6]

Aha!  So it wasn’t “unimportant” after all.  It was a “vigorous procedure” with “plenty of teeth”.  When you consider that the 1850 Fugitive Slave Law effectively made the federal government slavecatcher-in-chief, and that it prohibited federal officers who were holding alleged fugitive slaves from letting them go free, it can be seen that this law could indeed lead to armed conflict between the federal government and a “sheriff’s posse” made up of “all the able-bodied citizens” of an anti-slavery community.  In fact, it could be called a state-sponsored rescue!

So let’s look at how it played out in the Battle of Lumbarton.  The action began on May 27, 1857 in Mechanicsburg, Ohio, when a U.S. Deputy Marshal and his posse arrested four citizens for violating  the Fugitive Slave Law by allegedly helping a fugitive slave to escape.  The Marshal and his posse then headed out cross-country with their prisoners towards Cincinnati.

Word spread rapidly of the arrest, and a county judge issued a writ of habeas corpus ordering the county sheriff to bring the prisoners before him, so he could determine if the arrest was lawful.  The Clark County Sheriff, John Layton, gathered a posse and went after the Marshal and his prisoners.  They caught up with them near South Charleston.  Gunshots were fired, but apparently nobody was hit.  Sheriff Layton, however, was severely beaten during the altercation by the U.S. Marshal and his posse.  The Marshal then continued on his way, with his prisoners, while the seriously injured Sheriff was attended to by his comrades.

Word spread once again, and a larger posse was gathered to pursue the Marshal as he and his entourage crossed into Greene County.  This posse was led by Sheriff Lewis, who caught up with his quarry near Lumbarton (a.k.a. Lumberton).  This time the U.S. Marshal surrendered without injury.  Sheriff Lewis took the Marshal and his posse to Springfield and jailed them there for the assault on Sheriff Layton.  The Marshal’s prisoners (the four Mechanicsburg men who had been arrested for helping a freedom seeker escape from slavery) were taken before a Judge in Urbana, who released them.

The case of the U.S. Marshal and his posse, held in jail in Springfield, now came to a hearing before a United States District Judge, Humphrey Leavitt.  Arguing in favor of the Marshal was attorney and politician Clement Vallandigham, a Democrat.  Arguing against the Marshal was Ohio Attorney General Christopher Wolcott, a Republican.

Leavitt & Vallandigham

But the case quickly evolved into something much bigger in scope as Vallandigham launched into an excoriating attack on James Monroe’s 1856 Habeas Corpus Act, which he claimed was responsible for the violence:

The heat of the times demanded something of a higher mettle; and the act of 1856 is produced from the same loins, and engendered in the same spirit, but an offspring of far lustier and more vigorous birth.  This act requires the writ [of habeas corpus] in certain cases to be addressed to the Sheriff or Coroner, even where the party is in custody of an officer by virtue of judicial process.  It is therefore a hybrid – a monstrosity in legislation and jurisprudence… It is not a habeas corpus, because it is not addressed to the party who detains the prisoner… But it is called a habeas corpus, because that is a holy name and embalmed in the hearts of the people.  It has a wicked and treasonable purpose to subserve, and it must assume a sacred name and garb… But the motives and the results expected from it cannot be thus concealed; and, in a court of law, it must be stripped of its disguises, and set forth in its true character – a statute of sedition and discord. [7]

Judge Leavitt basically agreed with Vallandigham and ordered the release of the U.S. Marshal and his posse.  He also denounced Monroe’s Personal Liberty Law as being the cause of the violence:

To understand the nature of this conflict, it should be remembered that the deputy marshals, by their official oaths, were under a positive and paramount obligation to retain their prisoners, and to oppose all attempts to rescue them… The sheriff had a writ which commanded him to take the prisoners from the custody of these officers of the United States.  It was not the usual and well-known writ of habeas corpus, … but a writ requiring them to be taken, forcibly, if necessary, from those having the prior and lawful custody…  So the sheriff understood it; and hence he and his assistants deliberately armed themselves, as a preparation for the conflict which they foresaw was inevitable…
 
… the writ under the extraordinary Ohio law of 1856, requiring the officer to whom it is directed to take the prisoners, no matter by whom or by what authority they are detained, is a wholly different thing.  This act seems to have been inconsiderately passed, and in its practical execution must lead to frequent conflicts between the national and state authorities.  It might, with great propriety, be designated as an act to prevent the execution of laws of the United States within the state of Ohio. [8]

It bears mentioning that Judge Leavitt acknowledged that “it cannot be assumed as a fact” that the judge who issued the writ of habeas corpus knew that the prisoners were in the custody of a U.S. Marshal, leading James Monroe to argue that it could not be “assumed as a fact” that the Sheriff was operating under the 1856 Habeas Corpus Act.  Governor Chase also voiced dissatisfaction with Judge Leavitt’s ruling, saying that it “denied the right of the State to execute its own criminal process or civil process, where the execution interfered with the claims of masters under the fugitive slave law.”  However Chase did eventually meet with President James Buchanan, a pro-Southern Democrat, and negotiate a compromise whereby the federal government and the state of Ohio would drop all charges against all participants.  (Although Monroe’s Personal Liberty Law was actually intended to free alleged fugitive slaves, in this case it freed four people who were accused of assisting fugitive slaves.) [9]

Judge Leavitt’s attack of the 1856 Habeas Corpus Act would play a role in the state elections of 1857, as James Monroe noted that “it was freely scattered about upon our desks, like other electioneering documents.”  The Democrats would regain control of both houses of the General Assembly, and among their first orders of business when they took office in early 1858 was to attempt to repeal Monroe’s Personal Liberty Law.  Professor Monroe wrote an eloquent (and sometimes witty) speech in defense of his law, but the Democrats brought it to a vote without discussion, so the speech was never delivered.  But I thought it might be nice, a century and a half later, to post some excerpts from that undelivered speech.  In addition to downplaying the radicality of the law (as has already been quoted), he intended to say the following: [10]

I see nothing in the character of the Fugitive Slave Act or its officers, which should make unlawful imprisonment or restraint less probable under that act than under others.  There is no reason, so far as I can discover, why the business of slave-catching should make one engaged in it so much more intelligent and so much more tender of the liberty of his fellow men than others would be, as to exempt him from all danger of acting without proper authority.  I think a slave-catcher, even though fortified with the virtuous consciousness of being a Buchanan Democrat, would still be subject to human infirmity… Partial and oppressive laws are very apt to be executed in an illegal and oppressive manner.  A law breathes its own spirit into all the proceedings under it…
 
The provisions of a Habeas Corpus Act will be sufficiently stringent in every country where the people are not slaves, to secure obedience to the Writ, and they will be made especially vigorous in times when some great usurpation is stalking through the land, and crushing personal liberty under its elephantine tread…
 
If I understand this decision, it virtually robs us of the Writ of Habeas Corpus altogether.  If a man is only a United States officer he may seize whomsoever he pleases without any legal authority whatever, and all the Writs which our State courts can issue will be of no avail for the protection of the injured party because he is in the custody of a United States officer…
 
But I shall be told that Judge Leavitt is against the law of 1856. This I admit without hesitation, and I hope without alarm. I shall endeavor to console myself for the want of such an ally by the high authorities I have quoted, and the arguments I have employed…
 
If there is danger of conflict between the State of Ohio and the Federal Government, it is because that Government is not willing to be confined within its constitutional limits – because in its zeal for the interests of its Southern masters, it is willing to put in peril the liberty of the people.  This course, if persisted in, undoubtedly will produce a “conflict.”  Tyrants have always had occasion to complain that the people would not submit to be enslaved quietly…
 
We have been frequently told… that the act of 1856 is an act of nullification, and that its friends are nullifiers – enemies of the Constitution and the Union…  They have spoken as if they had a sort of monopoly of the American eagle – as if they were on terms of particular confidence with that bird, and we were men of too unclean lips to invoke her name…  Sir, no man shall outdo me in attachment to the American eagle.  The truly national eagle – the eagle of Washington, and Jefferson, and Franklin, is a bird that I admire… But the eagle of the Buchanan Democracy is a bird of a very different species and of very different tastes… a bird of Stygian form and hue, with blood shot eye and discordant scream and hideous and unshapely proportions, burying her sharpened beak and talons in the bleeding back of a fleeing, ghastly, famished negro, and beating her dusky wings upon his shrunken sides.  To such an eagle I freely acknlowledge I profess no allegiance.  She shall never spread her wings upon the banner under which I march.  I avow myself a traitor to such a symbol of authority; and to all the consequences of such an avowal, I will cheerfully submit. – James Monroe

(In the next and final blog of this series, we’ll see the fate of this law and Ohio’s three other personal liberty laws, and the dramatic impact these laws had on Oberlin.)

 
SOURCES CONSULTED:

James Monroe, Speech of Mr. Monroe of Lorain, upon the Bill to Repeal the Habeas Corpus Act of 1856

“Ex parte Sifford” [5 Am. Law Reg. 659]

James Monroe, Oberlin Thursday Lectures, Addresses, and Essays

Clement L. Vallandigham, SPEECHES, ARGUMENTS, ADDRESSES, AND LETTERS OF CLEMENT L. VALLANDIGHAM

“An act further to amend and supplementary to an act entitled an act securing the benefits of the writ of habeas corpus”, Acts of the State of Ohio, Volume 53, p. 61

“John E. Layton and the Greene County Rescue Case of 1857”, Springfield, Ohio Community Website – History of Clark County

 “Battle of Lumbarton”, Ohio History Central

“Clark County Sheriff was felled by federal marshals”, Springfield News-Sun, June 2, 2013

Thomas D. Morris, Free Men All: The Personal Liberty Laws of the North 1780-1861

Jacob William Shuckers, The Life and Public Service of Salmon Portland Chase

Catherine M. Rockicky,  James Monroe: Oberlin’s Christian Statesman & Reformer, 1821-1898

 
FOOTNOTES:

[1] “John E. Layton”; “Ex parte Sifford”; Monroe, Speech, p. 4
[2] Monroe, Speech, p. 4; “An act”; Vallandigham, p. 145
[3] Morris, pp. 168-180
[4] Shuckers, pp. 172-174; Monroe, Thursday, p. 115
[5] Monroe, Speech, pp. 4, 10
[6] Monroe, Thursday, pp. 119-120
[7] Vallandigham, pp. 144-145
[8] “Ex parte Sifford”
[9] Monroe, Speech, p. 13; Shuckers, p. 182
[10] Monroe, Speech, pp. 5, 8-9, 12, 13, 14