The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-08-27

He was filled with painful feelings when he read
the bill The mastery subtely with which II was
drawn might challens e miIatiou. II exerted TO-
q benevolent purpose; but in age OF sensiblllty
and refinement machine OF torture, however
skilful, cannot be regarded without horror. In the
name of the Constitution which il violates, OF bis
country which il dishonors, of humanity which II
degrades, OF Christianity which II offends, ne ar
rsigned this enactment, and now held II up to- the
judgment OF the country. There was no attrihutf
of God which does not unite against this act. II
made no difference of color or condition; every
freeman was liable to its outrages, wrongs, and
pains. There is safeguard OF human freedom
which il does not Get nj paught.
II committed the most sacred rights TO the
unaided Judgment OF n petty magistrate, whose
fees were doubled provided he decided against
freedom. No statute OF limtatlons against SUITE,
gainst freedom, allowed by 1t. II was an
usurpa,ion by Congress OF powers not granted by
the Constitution, aud an infraction OF rights
cured 10 the States. II took away tine trial by jury
IL question Of personal liberty, and suit at com
mon law. The Congress OF 1893 also passed an act
to charter the Bank Of the United States hich was
now considered by many as unconstitutional. u
that Congress erred in pa sing that act why cooid
il not have erred in the Fugitive act. The prece
dent was of no authority. He read from the pog
raphy of Story show that in the decision by the
Supreme Court, in the case Of Prigg and Pennsyi
vania, the right of fugitive to trial by jury was
not touched, but was an open question: lie read
also from veto message by jackson, that Congress
and the Preside not to be ruled by opinions
OF judges of that Court in their Legislative func
tions. ~ .... #a.s atsHs W
He examined the question of the power of Con-
gress this subjeci and read again from the pro-
ceedings oil the convention to show that the trainers
of the Constitution intended to give Congress no
such power. Had they 30 intended they would have
expressly given Congress power to establish q UNI
form rule for the surrender OF fugiuves from labor
throughout the Union. .., -.....a..- III.
hut no person in the convention, not one OF the
rec kess partsans OF slavery, was SO audacious as
10 make This proposition Had 1t been made. u
would have been denied. The manner in which
the provision was adopted, the lndlnerence win
which it's adoption was followed showed that 1t was
not regarded as source of national power II
was the peculiar duty Of the States TO protect the
liberty of citzens. This act denied TO the States
that right power. In this fatal overthrow Of
State rights lesson which might return to
plague the teacher. Compelling the National Gov
eminent TO stretch its BrIarean arms into the free
States Tor the sake OF slavery, il Was shown how It
may stretch these same hundred giant arms into
the slave States for the cake of freedom.
He then examined in great detail the right Of
trial by jury in all cases involving the personal
liberty or right OF property, In either OF these
views the party was entitled to trial by
jury. which this act denied. He quoted largely
from many English authorities on the subject.
He run parallel between the circumstances
attending he passage Of the Stamp act in l76s,
and the opposi ion to its enforcement in the colo
nies and the passage Of this act, and the HOSTILE
ty of the people TO II. ...
The Stamp act was welcomed in the colonies by
the Tories that day precisely as this Slave act
has been welcomed by large and imperious major.
tiles of this day. The judges of that day charged
grand uries to notice all resistance to it. Like the
rs.ais. the custom house officers called In the
soldiery to aid in its execution That act was re-
sisted by the people in peaceful phalanx, and they
triumphed. Earth fire, and water can be sub
do I'd, but truth could never be.
In one year after the Stamp act was repealed it
was consigned to the charnel house Of history j;
With the uncisan things Of the past il now rots
her. he follow
Stamp act was an infringement only Of civil lber-
~ 1t touched not the person. As freedom 10 more
than property-a man IL above the dollar he earns
as Heaven ia higher than the earth-so are the
r,ghts assailed BY an American Congress higher
than those once assaiied by the British Parliament;
aud in the same degree would history condemn the
Slave act more than the Stamp act. p.
He enlarged upon the objection to the law, that
it lacked that essential support in the public con.
science Of the States where it ls to be enforced,
which is the life of all law, and without which any
law must become a dead letter. And he held that
this duty Of consulting the feelings OF people was
recognised by Washington, who in writing in
1885, to get slave OF his returned, said he did not
desire any measures to be resortcd to which would
result in q mob, or cause uneaslness In the minds
Of the people. That fugitive never returned.
but lived Till within few years past. II was TO
be regretted that w Washington desired her capture.
From this act Of Washington, swayed by the poll
cy Of The world, he appealed TO Washington writ
ing his will. However he may have appeared be-
atur of bis slaves.
This law, wherever it was attempted to be en-.
forced, had produced popular disturbances; and
ne referred to the several mnbs and outrages
following the enforcement of this law.
The commercial interests had twice prevented
efforts in behalf of the abolition Of slavery; it de-
layed the suppression OF the slave trnde In the
United States il nterierred now in behalf of this
act. That interest lends its aid to the slave
hunter. As pitch could not be touched without
dehlement, 50 IL would appear that all who lent
themselves to execute this act, the spirit of II
tered their hearts as the devil entered the swine
The hearts OF the people were right on this sub
ject. Poetry and literature came to aid the cause
Of freedom. The feelings Of women were enlisted;
and over one hundred thousand copies OF Uncle
Toms Cabin had been sold already. He cited this
the testimony of the people against the principle
of that law.
He cited the case of Vincent de Paul, who was
fugitive slave. The efforts of these slaves to es
cape to freedom showed that they were possessed
of high and noble aspirations, and often displayed
a courage and endurance equal to that Of ro-
nance.
He considered the Slave act opposed by the
Divine law. He would prefer beii & the humblest
restored fugitive than aid voluntarily in its en-
forcement. He could not obey any law which his
conscience told him was unconstitutional, and op.
posed by Divine law. He was for the immediate
repeal of The law. a.. .......... -...a
Mr. CLEMENS said he would not reply to the
speech which had been imposed on the Senate.
1 he raving Of a maniac might sometimes be dan
gerous; the barking of puppy never did any
BARN. 3d..
Mr.. BADGER said that the Senate Of the United
States never before heard such an extraordinary
speech as the one just delivered. Extraordinary
in its matter, and extraordinary in the time aud
occasion occupied for it's delivery. The Senator,
at this stage Vt the session, when time was press
ing had consumed three hours and three quarters in
an elaborate grafton, carefully prepared, commit
ted to memory, and adorned with ancient lear ming
and modern lore, interpreted with Latin quota
tons The Senator came here under a pledge to
immediate action for the repeal of this act.
Mr.. SUMNER. Never. ...s.
Mr.. BADG ER thought he could show that the
Senator came to the Senate SO pledged, but for
seven months kept quiet. Late in July the Senator
desired to be heard, and the Senate reused, for
want of time, to hear him; aud now, when lew
days ouly remain, three hours and three quarters
were consumed in redeeming that pledge, by an
amendment to an appropriation bill.
He denied that any man ever contended that
slavery was national institution. 1t was State
institution. State government, State consti.
tuition. and State laws, were all local, sectional in
The Government of the United States,