The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-07-06

the inestimable right of private judgment, wheth-
er In religion or politics. In swearing to support
the Constitution at your desk, Mr.. President,
did not swear to support it as you understand it.
Oh, no, sir. Or as the Senator from Virginia I'M
derstands it. Oh, no, sir. Or as the Senasor
from South Carolina understands it, with a ken
mel of bloodhounds; or, at least, "dog" in it.
paving to get free its hinder parts" in pursuit
Of slave. No such thing Sir, | swore to sup
port the Constitution as understand a.; nor more,
nor less
Now, viii not occupy your time, nor am so
disposed at this moment, nor does the occasion
require it, by entering upon any minute criticism
of the clause in the Constitution touching the
surrender of " fugtives from labor" A few
words only are needful Assuming, sir, in the
face of commanding rules of Interpretation, all
leaning towards freedom, that in the evasive Ian
guage of this clause, paltering in double sense,
| the words employed be judicially regarded
as justly applicable to fugitive slaves, which, as
you ought to know, sir is often most strenuous
ly and conscientiously denied-thus spOnging
the whole clause out of existence, except as a
provision for the return of persons actually bound
| by lawful contract, but on which now express
no opinion; assuming, say, this Interpretation,
| so hostile to freedom and derogatory to the
members of the Federal Convention, who solemn
! ly declared that they would not yield any sane
ton to slavery or admit into the Constitution
the idea of property in man assuming repeat,
an Interpretation which every principle of the
| common law claimed by our fathers as their
birthright, must disown admitting, for the mo-
ment only, and with shame, that the eonstitu-
ton of the United States has any words which,
in any legal intendment, can constrain fugitive
slaves then desire TO say, that, as understand
the Constitution, this clause does not impose
upon me, as a Senator or citizen, any obligation
to take part, directly or indirectly in the surren-
der of a fugitive slave.
Sir, as a Senator, have taken at your desk
the oath to support the Constitution, as under
stand IT, And understanding it as l do, | am
bound by that oath, Mr.. President, to oppose
all enactments by Congress on the subject OF
fugitive slaves, as a fragrant violation of the
Constitution; especially must / oppose the last
act as a tyrannical usurpation, kindred in char
acter TO the Stamp Act, which our fathers in
! dignantly refused TO obey. Here my duties,
under the oath which | have taken q Senator,
end. There is nothing beyond. They are all alb
sorbed in the constant, inheXbe, righteous Obli-
| cation to oppose every exercise by Congress of
| any power over the subject In no respect by
] that oath can be constrained to duties an other
capacities or as Il simple citizen especially when
revolving to my conscience. Now, in this inter-
| probation Of the Constitution | may be wrong !;
others may differ from me; the Senator from
Virginia may differ from me, and the Senator
and all, act according to their respective under
standings. For myself shall act according to
mine. On this explicit statement of my constitu-
tiOnal obligations, stand, upon living rock
and, to the inquiry, in whatever form addressed
to my personal responsibility, whether ! would
aid directly or Indirectly in reducing or surren-
dering a fellow-man to bondage reply again,
is thy servant dog, that he should do this
thing?"
And, sir, looking round upon this Senate, l
might ask fearessly, how many there are, even
in this body, if, indeed, there be a single Sepa-
tor, who would stoop to any such service? I'm
Ill some one rises and openly confesses his will
ingness to become a Slave-IIunter, | will not
believe there can be one. Here Mr.. SUMNER
paused, but nobody rose. And yet honorable
and chivalrOus Senators have rushed headlong
TO denounce me because / openly declared my
reputation of a service at which every manly
bosom must revolt. Sire, l have found in
Bayonne brave soldiers and good citizens, bit
not one crecuiioRe," was the noble reply of the
Governor of that place to Charles TX Of France,
after the royal edct for the massacre of St Bar
tholomcw; and such n spirit, | trust, will yet
animate the people Of this country, when pressed
to the service Of "dOgs"
To that other question, which has been pro
posed, whether Massachusetts, by State laws,
win carry out the offensive clause in the Consti-
tullO4i, dNNDiuNR 10 tue UNDERSTANDING Vi inc
| venerable Senator from South Carolina, reply
that Massachusetts, at all times, has been ready
/ to do her duty under the Constitution, as she
understands it and, doubt not, will ever con-
! tinue Of this mind. More than this | cannot
say.
! In quitting this topic, cannot forbear to re-
mark that the assault on me Tor my disclaimer OF
all constitutional obligation, resting upon me as
a Senator or citizen, to aid in making O man q
! IN To eli
with an i'll grace from the veteran Senator from
Virginia, State which, by its far-famed resolu-
! tons of 1898, assumed to determine its cOnstitu-
tional obligations, even to the extent of openly
\ declaring two different acts Of Congress null and
/ void and it comes also with an i'll grace from
! the venerable Senator from South Carolina, q
| State which, in latter days, has aTTayed itsel
! openly against the Federal authorities, and which
! threatens notification often as babies cry.
Surely the Senator from South Carolina witt
! his silvcr-white locks, would have hesitated tC
lead this assault upon me, had he not, for the
moment been entirely oblivious, of the history o
| the State which he represents. Not many year;
have passed since an incident occurred at Charles.
ton, in South Carolina-not at Boston, in Massa.
chuSetts-which ought to be remembered. The
postmaster of that place, acting under q control.
ling public opinion there, informed the head o.
| his Department at Washington that he had deter
/ nllneu 10 suppress all 0ttl-StdreTy puDllcatlOnS
| and requested instructions for the future. Thus
in violation Of the laws Of the land, the very
mails were rifled and South Carolina smiled APP
| probation of the outrage. But this is not all
! The Postmaster General, Mr.. Kendall, after pru-
IDENTIFY alleging that, as he had not seen the pa
/ pcrs in question, he could not give an opinion Of
/ their character, proceeded to say, that he haC
| cCen informed that they were incendiary, inhamC
matory, and insurrectonary, and then announced
D.. L.
! vate could ] be induced to aid knowingly il
giving circulation to papers Of this description
directly or indirectly. We otce obligation t
the lars, but a higher one to the communities il
| which we live and if the former be perverted
to destroy the latter, Il IS patriotism to dsTegar,
them. Entertaining these views, ] cannot sane
| ton, and viii not condemn, the step You hay,
| taken
Such was the approving response of the Nation
al Government to the Postmaster of Charleston
when, for the sake of Slavery, and without an,
constitutional scruple, he set himself against al
Acknowledged Law of the land yet the Senate
from South Carolina now presumes to denounc
me, when, for the sake of freedom, and in tn
honest Interpretation of my constitutional obi
cations, decline an offensive service.
But there is another incident in the history O
South Carolina, which, as a loyal son of Massa
chusettS, | cannot forget and which rises now il
judgment against the venerable Senator Massa
chusetts had commissioned a distinguished gen
tleman, of blameleSs life and eminent professions
qualities, who served with honor in the othe
House, Hon. SAMUEL HoAR,1 to reside a
Charleston for brief period, in order to guar
the rights of her free coored citizens; assaile
on arrival there by an inhosptable statute, S
gross in its provisions that an eminent characte
of South Carolina, a judge of the Supreme Cour
of the United States, Hon. William Johnson ha
characterized it as trampling on the Constitu
tion," and +" a direct attack upon the sovereignt
of the United States" Massachusetts had rea