Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-07-08

10 any such pOWer. may
in other respects the clause which this bill purports
be founded gives such power Sir, nothing can come
out of nothing and the fugitive slave bill is therefore
without any source or origin in the Constitution II
an open and unmtigated 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 what is not to be seen, then let him
answer another objection The Constitution has secured
the nestimabe right of trial by jury in "suits at COM
law where the value in controversy exceeds twenty
dollars OF course freedom is not susceptible OF pecuni-
ary valuation therefore there be question that the
claim for fugitive slave is within this condition In de-
ternning what is meant by suits at common law re-
course be had to the common law ITSELF precisely
as we to that Law in order to determine what is
meant by trial by jury. Let the Senator if he be law
YER now undertake TO show that claim for fugitive
slave is according the early preccdents and wrts,
well known to the trainers of the Constitution especially
TO Charles Coesworth Pnckney and John Rutledge, of
South Carolina, both Of whom had studied law at the
Temple, as suit at common law, to which, under the
solemn guaranty the Constitution is attached the trial
by jury, inssparaole incident Let the Senator
undertake to show this il he can
And sir, when the veteran Senator has found power
in the Constitution where exists and has set aside
the right of trial by jury in suit at common law, then
let him yet another objection BY the judgment
OF the Supreme Court of the United States claim for
fugitive slave declared to be case, under the Const
tuition within the judicial power and this judgment of
the Court is confirmed by common sense and common
law Let the Senator undertake show if he cam how
such exalted exercise of Judicial power can be confded
10 single petty magistrate appointed not by the Presi
dent with the advice and consent Of the Senate but by
the court holding his Office not during good behavior,
but merely during the viii of the court and receiving
regular salary, but fees according each individual
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 this out
rageous enactment Let the author of the fugitive slave
bill meet it. He will find ready to follow him in ar
gument, though trust to be led even by his
ample, into any departure from those courteses of de-
VIII are "a
tive body
Such Mr. President is my response to all that has been
said in this debate far concerns To the two
associate chieains in this personal assault the veteran
Senator from Virginia and the Senator rom South Caro-
na with the slverwhite locks, have replied complete
y 1t true that others have Joined IA the cry which
these associates first started but shall not be tempted
further Some persons are best answered by silence
best answered by Withholding the words which leap i'm
prlsively to the lips.
And now turning my back upoE these things let me-
for one before close dwell aspect of this
discussion which viii render it memorable On former
occasions like this the right Of petition has been
hemently ussailed practically denied Only two years
ago memorials for the repeal of the fugitive slave bill,
presented by me- were laid your table, Mr. President
without reference any committee. All is changed now.
Senators have condemned the memorial and seconded the
cry Of - treason treason, in years bur thus far
throughout this excited debate person has
pletcy outraged the spirit of institutions forget
himself to persist in Directing to the reception of
the memorial and its proper reference It is true the
have been treated with indgnity but the
great right of petitionthe sword and buckler Of the
ssenthough dscre0cd by such conduct has not been
denied. Here; sir, isa triumph Of freedom.
Mr.. BUTLER Of South Caroline, rose to reply. Mr..
President Che said e it be supposed by the Senate
by the Senator from Massachusetts, that shall in
dulge in any excited remarks, it viii be very great
mistake. think never had heart that could use
pento write libel, especially in matters Involving
truth and justice Whatever do say may be tngedand
toned By the euscn of the moment and the Senator
himself viii see before conclude, that have been
Their toe goodnatured for his purposes He may think
that shall initiate him in sectional retaliation. Under
the great storm which he has attempted to excite he
sha rot escape rnder panopy that he has no right
to
Sir, will ayey, in the beginning ofmy remarks
and the Senator will have to take it as assert itthat
every thing which he has said for effect in Massachusetts
has been upon aase issue made by himself, and not
thorized by the Facts. do not know but that might
make the proposition unqualified, and say that in
every issue which he has chosen the
try regard to the topics involved in this debate, he
has made issue for his purposes without the
thor Of facts, and in peryersoR Of them. But sir
the Senator assumes somewhat to speak as tie organ
history will reute him in the estimation Of every Sena
tor here, and every page and every individual who
Mr.. BADGER l will ask my friend from South Ca
rollins whether il would not lie better for him to allow
te adjourn
Mr. BUTLER No, sir; would not subject myselfto the
temptation of preparnga reply that might have something
IN it Is show that like hyena, scratching at the
graves Massachusetts to take revenge for the elaborate
and xRdctive assault that has been made by the gentle
who has just spoken prefer to go now trust
ing recognised truth rather than to consult musty
cora for the purpose Of producing effects that might be
inconsistent with Justice say, sir, that every issue
upon which the Senator has chosen GO the country
by the remarks which he has submitted IS the Senate
not founded the facts assumed by him. The facts
sumed by himself are, shall show, unfair in state
ment; and his deRsls Of the statement made by myself
in the speech to which he has alluded, palpablJ
against the truth of history In what he has said he has
aimed shaft more to offend than it hurt. He has
been guilty of historical perverson. Sir, made re-
mark the other day and thought truly matter of his
tory that the independence of America by the
and treasure Of the saveholding States This
Gated by the gentleman was not in my mind; his own
has made it. When the Declaration Of independence was
made, was not Connecticut saveholding State !?
Mr.. SUMNER. Not in any just sense
Mr. BUTLER Sir you are not the judge of that. Was
not New York slayeholdng State?
Mr.. SUMNER. Let the Senator from New York
answer
Mr. BUTLER. Sir, If he answers, he will answer the
truth and perhaps might not be exactly agreeable to
you. Was not New Jersey saveholding State? Was
not Rhode Island that Greene South Carolina,
siayehoding State?
Mr.. SEWARD. 1t is due to the honorable Senator
from South Carolina that should his question in
reference to New York since il has been referred
At the time OF the Revolution every sixteenth in the
State fNew York was a slave
Mr. BUTLER. The Senator from New York is right
Mr.. SEWARD: / an sorry FOR H.
Mr. BUTLER. Sir, shall put tie interroratory in
such way that the Senator from Massachusetts, will be
ashamed Of his historical proposition Intend TO make
so papable that he cannot undertake 10 row ders;on
for the Statement: which Ihaye made. / continue
- IL