Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-07-06
DAILY NATIONAL ERA.

shown a disposition TO meet objections to that
offspring, he must not stop with the objection
founded on the denial of the habeas corpus II is
true, sir, If anything but slavery were ia qucs-
ton such an objection would he fatal but il is
not to be supposed that the partisans Of an in
stitution founded on IL denial of human rights
can appreciate the proper efficacy Of that writ of
freedom. Sir, challenge the Senator 10 defend
his progeny; not by assertion, but by reason.
Let him rally all the ability learning and sub
tlety, which he can command, and undertake the
impossible work.
Let him answer this objection. The Constitu-
ton, by an amendment which Samuel Adams
hailed as a protection against the usurpations Of
the National Government and which Jefferson
asserted was our foundation cornerstone has
soemnly declared that {" the powers not delega-
ted to the United States by the Constitution, nor
prohibited by it TO The States, reserved to the
States respectively, or to the people" Stronger
words could not be employed TO limit the powers
under the Constitution, and to protect the people
from all assumptions of the National Govern
ment, particularly in derogation of freedom. BY
the Virginia resolutions of 1898, which the SEN
ator is reputed TO accept, this limitation of the
powers of the National Government is recognised
and enforced. The Senator himself is under
stood, on all questions not affecting the claims Of
slavery, to accept this rule in its utmost strict
ness. Let him now indicate, if he can, any art-
Gle, clause, phrase, or word, in the Constitution,
which gives to Congress any power to establish
uniform law throughout the United States
on the subject Of fugitive slaves Let him now
show, If he can, from the records of the Federal
Convention, one jot of evidence incning to any
such power. Whatever may be its Interpretation
in other respects, the clause on which this bill
purports to be founded gives no such power.
Sir, nothing come out of nothing and the
Fugitive Slave Bill is, therefore, without any
source or origin in the Constitution. II is an
open and unmitigated usurpation
And, sir, when the veteran Senator of Virginia
has answered this objection; when he has been
able TO find In the Constitution power which is
not to be found, and to make us see what is not
to be seen, then let him answer another objec-
ton. The Constitution has secured the inesti-
mable right of trial by jury in suits at common
law" where the value in controversy exceeds
twenty dollars. Of course, freedom is not sus-
ceptible of pecuniary 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 common law re-
course must be had to the common law ITSELF
precisely as we resort to that law in order to de-
termine what is meant by trial by jury. Let the
Senator, If he be lawyer, now undertake to
show that claim for fugitive slave is not, ac-
cording to the early precedents and writs, well
known to the trainers Of the Constitution, espe-
cially to Charles Cotesworth Pinckney and John
Rutledge, of South Carolina, both Of whom had
studied law at the Temple, rs a snit at common
lar, to which, under the solemn guaranty Of the
Constitution, is attached the trial by jury, as an
nseparable incident. Let the Senator undertake
to show this, if he can.
And, sir, when the veteran Senator has found
Il power in the Constitution where none exists,
and has set aside the right Of trial by jury in a
suit at common law, then let him answer yet
another objection. By the Judgment of the SUI
preme Court of the United States, q claim for u
fugitive slave is declared to be a case under the
Constitution, within the judicial power; and this
judgment of the Court is confirmed by common
sense and common law. Let the Senator under
take to show, if he can, how such an exalted ex-
ercise of judicial power can be confded to a single
petty magistrate, appointed not by the President,
with the advice and consent of the Senate, but
by the Court; holding his office, not during good
behaviour, but merely during the will of the
Court and receiving not regular salary, but
fees according TO each individual case. Let the
Senator answer this objection, if, in any way, by
any twist of learning, logic, or law, he can
Thus, sir do present the issue directly on this
outrageous enactment. Let the author of the
Fugitive Slave Bill meet it. He will find me
ready to follow him in argument, though trust
never to be led; even by his example, into any
departure from those courteses of debate which
are essential to the harmony of every legislative
body
Such, Mr.. President, is my response to all that
has been said in this debate so far as it concerns
me. To the two associate chieftains in this per-
sonal assault, the veteran Senator from Virginia.
and the Senator from South Carolina with the
silyer-white locks, have replied completely. Ii
is true that others have joined in the cry, which
these associates first started but shall not be
tempted farther. Some persons are best answer
ed by silence best answered by Withholding the
words which leap impulsively TO the lips
And now, turning my back upon these things,
let me, for one moment, before | close, dwell on
one aspect of this discussion which will render
il memorable. On former occasions like this,
the right of petition has been vehemently assail-
ed, or practically denied Only two years ago,
memorials for the repeal of the Fugitive Slave
Bill presented by me- were laid on your table
Mr.. President, without reference to any commit
tee. All is changed now. Senators have con-
demned the memorial, and sounded the cry of
" treason" " treason" in our ears but thus far
throughout this excited debate, no person has so
completely outraged the spirit Of our institutions,
or forgotten himself, ms TO persist in objecting 10
the reception of the memorial, and its proper
reference. II is true, the remonstrants have been
treated with indignity; but the great right of
pettion-the sword and buckler Of the citizen
though discredited by such conduct, has not
been denied. Here, sir is triumph of Free
dom.
GILMANS HAIR DYE.