Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1854-08-04
DEFERRED ARTICLES.
Mr.. Sumner VS.. Mr.. Mason.

Mr. Summer vs.. MIR. Mason,
,,
Aiter hnishihg on MI Duuer, hc t"r-
Sumner) turned to Mr.. mason. Of Virginia,
the author of the Furitive Slave law of
go Iii -. IL. ;,.,,,,.;,,,s
i0'o, '"u ~ ''"'',.',"s ~" 49,.
ana dlcta'o'lai way OF ueat"ng his eq"a's u"
the Senate continued -
And 10 his peremptorv assertion that the
Fppitive Slave Bill does not denv the habeas
corpus. | oppose nv assertion as pere.aptory
AS his own. that it does. and there | leave
that question.
AR. President. | welcome the scnsibillty
which the Senator from Virginia displays ut
the exposure Of the Fugitive Slave Bill IN its
true character. lie is the author of that en-
ormity. From his mouth came forth the soul
less monster. He H.. therefore, its natural
guardian. The senator is. | believe, a law
yer. And now, since he has shown dispo-
sition to meet objections to that offspring, he
must not stop with the objection founded on
the denial of the hrbeas corpus 1t is true,
sir, il ANYTHING but slavery were in question.
such an objection would be fatal but it is
not to be supposed that the partisans Of an
institution founded on a denial of human
rights, can appreciate the proper efficacy OF
that writ o; freed IA. Sir, | challenge the
Senator to defend his progeny not BY asser-
ton. but by reason. Let hun rally all the a.
bility. learning. aud subtlcty which he can
command, and undertake the impossible
work.
Let him answer this objection The Con-
sti,ution, by mn amendment which Samuel
Adams hailed as a protection against the
usurpations of the National Government. and
which Jefferson asserted was our " founda-
ton corner-sione," his solemnly declared
that "the powers not delegated to the Uni
ted States by the onstilulion. nor prohibit
ed by it to the states, are reserved to the
states respectively. or to the people" >uon-
ger words could no, be employed to limit the
powers under the Constitution. and to pro
iect the people from all assumptions of the
National Government. particularly IN deroga-
ton of freedom by the Virginia resolutions
of I79s, which the Senator Is repuied to nc.
cept. this limitation of the powers of the ma
tional Government is recognized and enfor-
forced. The Senator himself is understood
on all questions not affecting the claims of
slavery. TO accept this rule in its utmost
strictness. Let nun now Indicate. If he can
nny article, clause. phrase. or word in the
Constitution, which give to Congress any
"A
out the United >,ates." ON the subject of flu
gitiye slaves. Lot HIN now show, il he can,
from the records ct the Federal convention,
one lot of evidence inchnng to any such
power. Wbatever NAV be IT'S interpretation
in other RESPECTS. the clause on which this
bill purpor,s 10 be founded gives no such
power. >ir, nothing can come out Of moth
ing and the Fugitive Slave bill is, there
! 4 A.
Constitution. 1t is an open and unmitigated
usurpaton.
And. sir. when The veteran Senator of Vir-
GINA has answered this objection; when he
has been able to find IN the Constitution a
power which is not 10 be found, and 10 make
us see what is not to be seen. then let him
answe. another obi es,ion. The Constitution
has secured the measurable right of trial by
Jury in suits at common law" where the
value in CONTROVERSY exceeds twenty dollars.
/ Of course freedom is not susceptible of Pc
cuniary valuation, therefore there can be no
question that the CLAIM for fugitive slave is
within this condition. In determining what
is meant by suits at c ,mnon law" recourse
mus, be had TO the common law itself pre-
cisely as we resort to thar law in order to de.
termine what j. meant by trial by Jury. Let
take to show that claim iof fugitive slave
is not according 10 the early precedents and
wrts, well known to the formers of the Con-
stitution, especially to Charles Ca,esworth
Pinckney and John Rutedge, of South Car
olina. both of whom had studied law at the
Temple. as a suit al common ia,r 10 which.
under the solemn guaranty of the rons,itu.
ton, is attached the trial by Jury, as an in
inseparable incident. Let the Senator un.
dertake to show this # he can.
And, sir, when the veteran Senator has
found power IN the Constitution where
Ih hy n '"a "' ae'ue '"s ,b -, I 10,
, him ans wer yetanother objection.
BY the judgment OF the Supreme
/ Court OF the uni'ed 'tates, clam Tor ~
the Constitution. within the judicial power
and this judgment of the Court is confirmed
by common sense and common law. Let
tho senator undartake Ia show if he cso