The recently enacted federal Fugitive Slave Law was met with universal opposition by the delegates of the 1851 convention. The highlight of the remarks on the law included an impassioned speech by John Mercer Langston, followed by multiple resolutions calling for the law's destruction.
It is worth noting that despite unanimous opposition to the law, however, delegates did utilize the law as evidence for opposing arguments at other times throughout the convention. This will be explored in greater detail in the following sections.
"Mr. President and Gentlemen of the Convention!--No enactment ever given birth to by the American Congress has created so much dissatisfaction and excitement, as the Fugitive Slave Law of 1850. This is not to be wondered at when we remember that mankind are not entirely divested of their humanity, and that this enactment possesses neither the form nor the essence of true law, that it is a hideous deformity in the garb of law. Blackstone has justly recorded that real law commands what is right, and prohibits what is wrong. This enactment--unworthy the name of law--reverses this definition, by prohibiting what is right, and commanding what is wrong. Such is the outrage of this abomination of all abominations, upon the just and universally admitted principles of the common law. But it does not stop here. By it all the great bulwarks of Liberty are stricken down. It kills alike, the true spirit of the American Declaration of Independence, the Constitution, and the palladium of our liberties. It is unconstitutional for the following considerations:--It strips man of his manhood and liberty upon an ex parte trial; sets aside the constitutional guarantee of the writ of Habeas Corpus, which, under the constitution, can never be suspended, except in cases of rebellion or invasion; declares that the decision of the commissioner, the lowest judicial officer know to the law, upon the matter of personal liberty--the gravest subject that can be submitted to any tribunal, shall be final and conclusive; holds out a bribe in the shape of double fees, for a decree contrary to liberty and in favor of Human Slavery; forbids any enquiry into the facts of the case by confining it to the question of personal identity. Thus the law strikes down all the shields of liberty, by aiming to make a local crime a national sin."
Resolved, that we look upon this bill as being more unjust than any law ever passed before, and look upon those who voted in favor of this fiendish enactment as being more despotic than the pagan edicts of Nero or Caligula--more cruel and Heaven-daring than any law makers that ever legislated, or practiced under heathen jurisprudence, even in the dark night of despotism that enshrouded France during her reign of terror.
Resolved, that we look upon the recent Fugitive Slave enactment as a hideous deformity in the garb of law--unconstitutional--opposed to the Institutions of the Free States--an outrage upon humanity--at war with the teachings of Christianity, and its place is first upon the catalogue of disgraceful, and abominable legislations that characterized the tyranny of Charles I., and we would urge upon the people of necessity of its immediate and unconditional repeal.
One question stood far above all others in terms of producing highly contentious debate at the 1851 convention: was it acceptable to associate in any way with an entity that was not "purely anti-slavery?" The corresponding resolution was taken to the floor, debated, amended, amended again, debated again, and eventually adopted. Black Ohioans possessed strikingly different views that reached to the very core of how their movement for civil rights should proceed. Despite the sharp disagreements, the delegates ultimately shed their self-interests for the interests of the whole convention.
Resolved, That we will neither support, countenance or associate with any person, society or church, unless we are convinced that they are purely Anti-Slavery.
J.H. Johnson of Franklin County was the first to speak in favor of the resolution, but did not offer any remarks.
H.F. Douglass of Franklin County agreed overall, but wanted to take the language further. He proposed an amendment that would add: "nor the Constitution of the United States." While most previous speakers had announced their opposition, Douglass wanted to adopt the language and add the United States Constitution to the list.
Note: It is important to note that this amendment completely altered the discourse surrounding the original resolution. The debate became entirely about the Constitution, which is described in further detail next.
C.A. Yancy of Jackson County was deeply opposed to the resolution. His primary fear was that the resolution would only lead to discord among Black Ohioans. One justification for that fear was his belief that almost no entity was purely antislavery. Another justification was the sensitivities surrounding churches. He did not believe that the movement could handle such division. "I think that the language of that resolution is too tenacious, and will fail to effect the object which it seems to aim at."
T. Harris of Pike County
C.H. Langston of Franklin County wanted to strip the resolution of all entities except for the church. His amended resolution read: "Resolved, That we will not support any Church, unless we are convinced that it is anti-slavery." Langston believed that it was foolish to avoid the issue out of fear for division. "It does the church great injustice for gentlemen to say, that its character cannot be brought under review without creating hard feelings and divisions. If the Church possess any good, investigation will only tend to increase its brightness. I wish the Church separated from all other matters, and stand or fall upon its own merits. It has now reached its eighteen-hundredth year, and is certainly able to stand alone. I hope therefore the amendment will prevail."
Resolved, That we will neither support, countenance or associate with any person, society or church, nor the Constitution of the United States unless we are convinced that they are purely Anti-Slavery.
In a series of blistering speeches, H.F. Douglass and W.H. Day entered into the most contentious debate of the 1851 convention. Their words even became personal at times, demonstrating the passion that both possessed in defense of their views.
Douglass viewed the drafting of the Constitution as the single most destructive act committed against Black Americans. Enslavement, the slave trade, kidnappings on the shores of Africa, the middle passage, the Fugitive Slave Law, and all other wrongs committed against Black Americans were, from the perspective of Douglass, attributed to the United States Constitution.
While Day conceded the point that the Supreme Court and lawmakers had projected proslavery feelings onto the Constitution, he vehemently disagreed with the belief that the document itself was guilty of being proslavery. In perhaps his most striking line, Day argued that: "The remarks of the gentleman from Cuyahoga, (Mr. Douglass), it seems to me, partake of the error of many others who discuss this question, namely, of making the construction of the Constitution of the United States, the same as the Constitution itself."
"Now, I hold, in view of this fact, no colored man can consistently vote under the United States Constitution."
"I consider every instrument precious which guarantees to me liberty. I consider the Constitution the foundation of American liberties."
After delivering their blistering speeches about the Douglass amendment, Douglass and Day took a moment to collect themselves as C.H. Langston entered the discussion. Hoping to bridge the divide, Langston conceded points to both gentlemen. He agreed with Douglass that the Constitution was a proslavery document, but he also thought it would be foolish to ignore any tool that could be used to help Black Americans. He argued that: "But whether the Constitution is pro-slavery, and whether colored men 'can consistently vote under that Constitution,' are two very distinct questions; and while I would answer the former in the affirmative, I would not, like the gentleman from Cuyahoga, answer the latter in the negative." The amendment was soundly defeated after Langston's speech, but the original resolution passed. Yet again, the self-interests of certain members yielded to the group as a whole.
1. Steinglass, Steven H, and Gino J Scarselli. The Ohio State Constitution. Second edition. New York: Oxford University Press, 2022. https://doi.org/10.1093/oso/9780197619728.001.0001. 33
2. Kate Masur. Until Justice Be Done: America's First Civil Rights Movement, from the Revolution to Reconstruction. United States: W.W. Norton, 2021. 235
3. Masur, Until Justice Be Done, 230