The Duty of Disobedience to the Fugitive Slave Act An Appeal To The Legislators Of Massachusetts, Anti-Slavery Tracts No. 9 — Edition Insights
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ANTI-SLAVERY TRACTS. No. 9. New Series.
LEGISLATORS OF MASSACHUSETTS,
"Thou shalt _not_ deliver unto his master the servant which is escaped from his master unto thee."--DEUT. 23:15.
BOSTON: PUBLISHED BY THE AMERICAN ANTI-SLAVERY SOCIETY. 1860.
LEGISLATORS OF MASSACHUSETTS.
I feel there is no need of apologizing to the Legislature of Massachusetts because a woman addresses them. Sir Walter Scott says: "The truth of Heaven was never committed to a tongue, however feeble, but it gave a right to that tongue to announce mercy, while it declared judgment." And in view of all that women have done, and are doing, intellectually and morally, for the advancement of the world, I presume no enlightened legislator will be disposed to deny that the "truth of Heaven" _is_ often committed to them, and that they sometimes utter it with a degree of power that greatly influences the age in which they live.
I therefore offer no excuses on that score. But I do feel as if it required some apology to attempt to convince men of ordinary humanity and common sense that the Fugitive Slave Bill is utterly wicked, and consequently ought never to be obeyed. Yet Massachusetts consents to that law! Some shadow of justice she grants, inasmuch as her Legislature have passed what is called a Personal Liberty Bill, securing trial by jury to those claimed as slaves. Certainly it is _something_ gained, especially for those who may get brown by working in the sunshine, to prevent our Southern masters from taking any of us, at a moment's notice, and dragging us off into perpetual bondage. It is _something_ gained to require legal proof that a man is a slave, before he is given up to arbitrary torture and unrecompensed toil. But is _that_ the measure of justice becoming the character of a free Commonwealth? "_Prove_ that the man is property, according _your_ laws, and I will drive him into your cattle-pen with sword and bayonet," is what Massachusetts practically says to Southern tyrants. "Show me a Bill of Sale from the Almighty!" is what she _ought_ to say. No other proof should be considered valid in a Christian country.
One thousand five hundred years ago, Gregory, a Bishop in Asia Minor, preached a sermon in which he rebuked the sin of slaveholding. Indignantly he asked, "Who can be the possessor of human beings save God? Those men that you say belong to you, did not God create them free? Command the brute creation; that is well. Bend the beasts of the field beneath your yoke. But are your fellow-men to be bought and sold, like herds of cattle? Who can pay the value of a being created in the image of God? The whole world itself bears no proportion to the value of a soul, on which the Most High has set the seal his likeness. This world will perish, but the soul of man is immortal. Show me, then, your titles of possession. Tell me whence you derive this strange claim. Is not your own nature the same with that of those you call your slaves? Have they not the same origin with yourselves? Are they not born to the same immortal destinies?"
Lydia Maria Child opens her 1860 appeal to the Massachusetts Legislature by confronting the question of her own authority as a woman addressing a male governing body. She invokes Sir Walter Scott's assertion that "the truth of Heaven was never committed to a tongue, however feeble" without conferring a right to speak. This rhetorical move establishes a moral rather than political footing, one she sustains throughout the tract by grounding her argument in divine law rather than legal precedent. Child does not ask for a new law; she demands that legislators recognize the Fugitive Slave Act as "utterly wicked" and therefore not binding on conscience. The tract's structure—moving from moral appeal to constitutional critique, then to testimonies and a model state law—reflects a strategic layering of religious, legal, and practical arguments.
Biblical Authority vs. Statutory Law
Child anchors her opening appeal in Deuteronomy 23:15, which commands that an escaped servant not be returned to a master. She treats this as a direct contradiction to the Fugitive Slave Act, which requires precisely that return. The epigraph is not decorative; it functions as the tract's central legal premise. Child repeatedly contrasts human enactments with what she calls "God's laws," arguing that no statute violating divine commands deserves obedience. She cites Gregory, a fourth-century bishop, who asked: "Who can be the possessor of human beings save God?" This historical testimony is used to show that Christian opposition to slavery is not novel but ancient. Child does not argue for a separation of church and state; she insists that the state must conform to religious truth. The biblical reference is not merely rhetorical—it is presented as a higher law that nullifies the federal statute.
The Corrosive Effect on Massachusetts
Child warns that enforcing the Fugitive Slave Act damages the moral character of the Commonwealth itself. She describes the "frequent scuffles between despotism and freedom" as demoralizing the people, hardening hearts, and eroding reverence for liberty. The act, she argues, forces citizens into an impossible choice: obey conscience or obey the law. This dilemma "destroys the sanctity of law" and teaches the populace that "might makes right." Child predicts that such lessons will return "in unexpected forms to disturb our own peace and safety." She personalizes the cost by recounting her own tears when Anthony Burns was sent back into slavery, writing that she "wept for my native State, as a daughter weeps for the crimes of a beloved mother." This emotional testimony is not sentimental indulgence; it is evidence of the act's psychological and civic toll.
A Woman's Voice in the Legislature
Child explicitly addresses the gender dynamics of her appeal. She states she feels "no need of apologizing to the Legislature of Massachusetts because a woman addresses them," and she lists women's intellectual and moral contributions to the age. Yet she also acknowledges her lack of a vote, calling herself "a secluded woman" whose tears "may appear to you of little consequence." This self-deprecation is strategic: it underscores the injustice of excluding women from political power while they bear the emotional burden of the state's moral failures. Child's closing plea—"let me die on Free Soil!"—borrows from a poem by William Cowper, imagining a Massachusetts where slaves become free upon breathing its air. The appeal is both personal and political, asking legislators to act for the sake of "outraged justice and humanity" but also for "the honor of the State."
Child's tract is best read as a legal brief written in the language of moral prophecy. She does not merely condemn the Fugitive Slave Act; she attempts to demonstrate its unconstitutionality, its impiety, and its practical dangers to the Commonwealth. Readers should attend to how she weaves together scriptural citation, historical example, and emotional testimony—each serving a distinct argumentative purpose. The tract's brevity (under 17,000 words) and its structure as a numbered series of appeals make it a concentrated example of antebellum abolitionist rhetoric aimed at legislators rather than the general public.
Reading Child’s argument about moral duty, I found myself thinking of quiet afternoons with Liberty and the news — Reading Companion. Her insistence that truth must outlast comfort reminded me of how that book treats information as a living trust. Both feel like old letters from another century, asking not for applause but for honest reflection.
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