even if it only be that "well-disposed
citizens" disapprove of her capture and return, let her remain free.
There may be some difficulty in justifying Washington's course by the
opinion of Thomas Aquinas (_Summa Theologics_, 1 ma., 2 dae., Quaest.
XCVI, Art. 4), who says that an unjust law is not binding in
conscience "_nisi forte propter vitandum scandalum vel turbationem_."
Aquinas is speaking of an unjust law which may be resisted unless
scandal or tumult would result from resistance. Washington is speaking
of a law which he considers right, but which he would not enforce if
it should occasion such evils. The analogy does not hold as the editor
of Charles Sumner's _Works_ seems to think (Vol. III, p. 178, note).
Whipple answered from Portsmouth, December 22, 1796:
"I will now, Sir, agreeably to your desire, send her to Alexandria if
it be practicable without the consequences which you except--that of
exciting a riot or a mob or creating uneasy sensations in the minds of
well disposed persons. The first cannot be calculated beforehand; it
will be governed by the popular opinion of the moment or the
circumstances that may arise in the transaction. The latter may be
sought into and judged of by conversing with such persons without
discovering the occasion. So far as I have had opportunity, I perceive
that different sentiments are entertained on the subject."
Whipple made enquiry. Public opinion in Portsmouth was adverse to the
return of the fugitive. She was unmolested and lived out a long life
in Portsmouth and Kittery.
Nothing more clearly and impressively shows the veneration felt by his
countrymen for George Washington than the praise the fearless,
outspoken, uncompromising hater of slavery, Charles Sumner, of the
conduct of the President in this transaction. Sumner considered the
poor slave girl "a monument of the just forbearance of him whom we
aptly call Father of his Country.... While a slaveholder and seeking
the return of a fugitive, he has left in permanent record a rule of
conduct which if adopted by his country will make slave hunting
impossible." With almost any other man, Sumner would have no praise or
reverence for a desire to force a fugitive back into slavery unless
prevented by fear of mob or riot or adverse public opinion.
In the same letter Washington gives what may be considered a reason or
excuse for his demand. "However well disposed I might be to a gradual
abolition, or even to an en
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