Team of Rivals (20 page)

On a hot summer night in July 1836, an organized mob broke into the shop where the abolitionist weekly was printed, dismantled the press, and tore up the edition that was about to be circulated. Refusing to be driven out, Birney continued to publish. Two weeks later, the mob returned. This time they succeeded in tearing apart the entire office. They threw tables and other equipment from the second-story window and then, to the cheers of the crowd, shoved out the printing press. While the mayor gazed on approvingly and the police were conspicuously absent, the press was hauled through the streets to the river. After it sank, the crowd began to shout for action against Birney himself, calling for the publisher to be tarred and feathered.

Though Chase had yet to take a public stand on the issue of abolition, he was appalled by the violence. Hearing of the mob’s intention to raid the Franklin House where Birney was thought to reside, he raced to the hotel to warn the publisher. As the mob surged forward, Chase braced his arms against the door frame, blocking the hotel’s entrance with his body. Six feet two, with broad shoulders, a massive chest, and a determined set to his jaw, Chase gave the rioters pause. The crowd demanded to know who he was. “Salmon P. Chase,” the young lawyer replied. “You will pay for your actions,” a frustrated member of the mob told him. “I [can] be found at any time,” Chase said. “His voice and commanding presence caught the mood of the mob at just the right time,” his biographer observes. The hour was late and the mob backed off.

The dramatic encounter had a profound effect on Chase. He became a hero in the antislavery community and began to see his future in a different way. In the years that followed, he became a leader in the effort to protect antislavery activists and their organizations. “No man of his time,” the historian Albert Hart argues, “had a stronger conception of the moral issues” involved in the antislavery movement; “none showed greater courage and resolution.” His passionate awakening to the antislavery cause was not surprising, given his receptiveness to religious arguments in favor of emancipation and equality. As time went by, however, Chase could not separate his own ambition from the cause he championed. The most calculating decisions designed to forward his political career were justified by advancement of the cause. His personal defeats would be regarded as setbacks for freedom itself. “By dedicating himself to moral activism,” the historian Stephen Maizlish argues, “Chase could join his passion for personal advancement to the demands of his religious convictions…. ‘Fame’s proud temple’ could be his and he need feel no guilt in its pursuit.”

In 1837, a year after he had faced down the anti-Birney mob, Chase once more lent his support to the abolitionist publisher. He undertook the defense of a light-skinned young slave named Matilda, brought to Ohio on a business trip by a Missouri planter who was both her master and her natural father. While in Ohio, encountering black men and women in a free society, she begged her father to grant her liberty. When he refused, she took matters into her own hand, seeking refuge in Cincinnati’s black community until her father returned to Missouri. She eventually secured employment in Birney’s house, where she remained until she was discovered by a slave catcher and brought before a judge to be remanded to Missouri under the Fugitive Slave Law enacted by Congress in 1793 to enforce the constitutional provision requiring that slaves escaping from one state to another “be delivered up” to their original owners.

Perhaps Chase could have argued successfully that Matilda was not a fugitive from Missouri, since she had been brought into Ohio by her father. Rather, he chose to make a fundamental assault on the applicability of the Fugitive Slave Law to the free state of Ohio. He argued that as soon as Matilda stepped into Ohio, she acquired the legal right to freedom guaranteed by the Northwest Ordinance of 1787, which forbade the introduction of slavery into the vast Northwest Territory later occupied by the states of Ohio, Indiana, Illinois, and Michigan. To many opponents of slavery in later years, including Abraham Lincoln, the Ordinance of 1787 became, like the Declaration of Independence, a sacred document expressing the intent of the founding fathers to confine slavery within the boundaries of the existing states, prohibiting forever its future spread.

“Every settler within the territory, by the very act of settlement, became a party to this compact,” Chase argued, “forever entitled to the benefit of its provisions.” These provisions, he maintained, “are the birthright of the people of Ohio. It is their glorious distinction, that the genuine principles of American liberty are imbedded, as it were, in their very soil, and mingled with their very atmosphere…. Wherever [slavery] exists at all, it exists only in virtue of positive law…[and] can have no existence beyond the territorial limits of the state which sanctions it.” The right to hold a person in bondage “vanishes when the master and the slave meet together” in a place, like Ohio, “where positive law interdicts slavery.”

The conservative judge, as expected, ruled against Chase. The next day, Matilda was forcibly removed to the South and returned to slavery. The philosophical and legal arguments Chase had advanced, however, were considered so important by the antislavery community that they were printed in pamphlet form and distributed throughout the nation.

Publication of his arguments in the
Matilda
case brought Chase immediate acclaim in Northern intellectual circles. By anchoring his arguments firmly in history and law, he opened an antislavery approach that differed from the tactics of the allies of Garrison, who eschewed political organization, dismissed the founding fathers, and considered the Constitution “a covenant with death, an agreement with hell,” because it condoned slavery. Where the Garrisonians called for a moral crusade to awaken the sleeping conscience of the nation, Chase targeted a political audience, hopeful that abolition could be achieved through politics, government, and the courts.

The time had come, Chase decided, to try for public office. Though he had not been active in party politics, he sought a nomination from the Whig Party to the state senate. To his disappointment, he was rebuffed as an abolitionist. Three years later, he tried again, seeking the Whig nomination for the Cincinnati City Council. Although he succeeded in gaining office, he was defeated for reelection after a single term, largely due to his position on temperance, which had led him to unpopular votes denying liquor licenses to city establishments.

Surveying the political landscape, Chase was unable to see a future for himself as either a Democrat or a Whig. Both parties, he wrote, submitted to the South upon the
“vital
question of slavery.” Consequently, in 1841, he joined the fledgling Liberty Party, which was struggling to establish a solid base of support. The previous year, James Birney, since moved to New York to head the American Anti-Slavery Society, had gained the party’s nomination for president. Unknown beyond abolitionist circles, Birney garnered only 7,000 votes.

Through the 1840s, Chase sought to guide the Liberty Party to a more moderate image so that it could gain wider appeal. Working closely with Gamaliel Bailey, Birney’s astute successor at the
Philanthropist,
Chase persuaded the Ohio Liberty Party to adopt a resolution that explicitly renounced any intention “to interfere with slavery in the states where it exists.” Concurring with Lincoln, Bates, and a number of progressive Whigs, they pledged to focus only on those areas where slavery was present “without constitutional warrant”—in the District of Columbia, on the high seas, in the new territories. At the same time, Chase encouraged his fellow party members to consider reaching outside their ranks to find a presidential candidate who could command a larger vote than the radical Birney, who, as Chase said, “has seen so little of public service.”

In an 1842 letter to Joshua Giddings, the abolitionist congressman from Ohio’s Western Reserve, Chase suggested that if John Quincy Adams or William Henry Seward “would accept the nomination, great additional strength might be gained for the party.” He had no idea whether either man would accept, but ranked Governor Seward, “for his age,” as “one of the first statesmen in the country,” while former president Adams was “perhaps, the very first.”

Though he had never met Seward, Chase opened an intriguing correspondence with the governor, in which they freely debated the role of third parties. Seward expressed his belief that “there can be only two permanent parties.” In his view, the Democratic Party, with its strong base in the South, would always be the party of slavery, while the Whig Party would champion the antislavery banner, “more or less,” depending “on the advancement of the public mind and the intentness with which it can be fixed on the question of Slavery.” Seward conceded that while he was disheartened by the Whig Party’s current “lukewarmness on the Subject of Slavery,” he had no choice but to stay with the party he loved, and to hope for a more advanced position in the future. “To abandon a party and friends to whom I owe so much, whose confidence I do in some degree possess,” he wrote, “would be criminal, and not more criminal than unwise.”

Chase saw the situation differently. Though originally
“educated in the Whig school,”
with Whiggish views of the tariff, banking, and government, he had never considered party loyalty among his defining characteristics. Nor had he experienced the camaraderie of fellow party loyalists that Seward enjoyed when he and his colleagues boarded together in Albany during the lengthy legislative sessions. For Chase, the decision to leave the Whigs for the Liberty Party was not the momentous separation that it would have been for Seward.

Chase clearly understood that so long as the Liberty Party remained a “one idea” party, it would never attract majority support. Risking the displeasure of his abolitionist friends, who wanted no diminution of their principles, he envisioned a gradual movement of the Liberty Party toward one of the major parties. His efforts revealed a practical side to his principled stance, but old acquaintances in Ohio were troubled by his decision to set his sights on the more powerful Democratic Party, where he had a greater chance of statewide success than with the Whigs.

In his bid to cultivate Democratic leaders, Chase shifted his positions on the tariff and the banking system to align himself with the Democrats, though he insisted that the economic policies of either party were insignificant compared to the issue of slavery. For the moment, since neither major party would take a resolute stand on slavery, he remained with the Liberty Party, attending conventions, drawing up resolutions, and searching for candidates.

In the years that followed, in part because the free city of Cincinnati was a natural destination for runaways crossing the Ohio River from the slave state of Kentucky, a number of fugitive slave cases ended up in the Cincinnati courts. Chase volunteered his services in many such cases. The eloquent power of his arguments soon earned him the honorary title “Attorney General for the Negro.” In the famous case that inspired Harriet Beecher Stowe’s good-hearted John Van Trompe in
Uncle Tom’s Cabin,
Chase represented John Van Zandt, an old farmer who had moved from Kentucky to Ohio so that he might live in a free state.

On an April night in 1842, Van Zandt was returning from the Cincinnati market to his home twenty miles north. On the road, he encountered a group of slaves who had crossed the river from Kentucky. “Moved by sympathy,” Chase would argue, the farmer “undertook to convey them in his wagon to Lebanon or Springfield.” En route, two slave catchers accosted the wagon. They captured the slaves and returned them to their Kentucky owner, receiving a $450 bounty for their efforts.

The owner then brought suit against Van Zandt for “harboring and concealing” the slaves, in violation of the 1793 Fugitive Slave Act. Chase “very willingly” agreed to represent the elderly farmer, who faced substantial penalties if found guilty. Chase’s defense of Van Zandt transcended the particulars of the
Matilda
case, directly challenging the constitutionality of the Fugitive Slave Law. That law, he maintained, deprived fugitives of life and liberty without due process of law. “Under the constitution,” he declared, “all the inhabitants of the United States are, without exception, persons,—persons, it may be, not free, persons, held to service…but still, persons,” and therefore possessed of every right guaranteed under the Constitution and Declaration of Independence.

“What is a slave?” he asked. “A slave is a person held, as property, by legalized force, against natural right…. The very moment a slave passes beyond the jurisdiction of the state, in which he is held as such, he ceases to be a slave; not because any law or regulation of the state which he enters confers freedom upon him, but because he
continues
to be a man and
leaves behind
him the law of force, which made him a slave.” Chase depicted slavery as “a creature of state law” and not a national institution. He argued that any slave state created after 1787, the year the Northwest Ordinance became law, existed in violation of the Constitution and the wishes of the founding fathers.

As most observers expected, the Cincinnati court refused to accept Chase’s argument. Van Zandt was found guilty. As Chase left the courtroom, according to Harriet Beecher Stowe, then a Cincinnati resident, one of the judges reflected on the unpopularity of professed abolitionists: “There goes a young man who has
ruined
himself to-day.”

Far from ruining his prospects, the
Van Zandt
case added considerable luster to Chase’s national reputation. Appealing the decision to the U.S. Supreme Court, Chase enlisted Seward’s help as co-counsel. The case moved slowly through the docket, affording the two men time to craft their written arguments. Chase presented the constitutional arguments, while Seward dealt with the technical ones. Though the Southern-dominated court wasted little time in affirming the lower court’s ruling, the constitutional arguments Chase outlined became pillars of antislavery party doctrine.