Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1854-07-21

but it is not to he supposed that the parti-
sans of an Institution founded ON a denial of
human rights, can appreciate the proper
efficacy of that writ of freedom. Sir, | chal-
lenge the Senator to defend his progeny not
by assertion, but by reason. Let him rally
all the ability, learning, and subtletv which
he can command and undertake the impossi-
BILE work
Let him answer this objection. The Com
stitution, by an amendment which Samuel
Adams hailed ac a protection against the
usurpations of the National Government and
which jefferson asserted was our - foundi-
tion cornerstone has solemnly declared
that " the powers not delegated to the United
States by the Constitution, nor pfchIbited by
1t to the States. are reserved to the States
respectively, or to the people" Stronger
words could not he employed to limit the
powers under the Constitution, and to protect
the people from all assumptions of the ma
tional Government, particularly in deroga-
tion of freedom. By the Virginia resolutions
OF 1898, which the Senator is reputed to ac-
cept, this limitation Of the powers Of the
tional Government is recognized and enforced
The Senator himself is understood on ul
questions not affecting the claims of slavery,
to accept this rule IN !te utmost strictness
Let him now indicate, if he can, any article,
clause, phrase or word In the Constitution,
which gives to Congress any power to estlb-
llsh . 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
incinlng 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
can come out of nothing; and the Fugitive
Slave bill is, therefore, without any source or
origin in the Constitution. 1t is an open
and unmitigatcd usurpation.
And, sir, when the veteran Senator of vir-
ginia has answered this objection; when he
has been able to find in the Constitution a
power which is not to be found, and to max
us see what is not to be seen, then le, him
answer another objection. The Constitution
has secured the inestimable 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 pecu-
mary 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
determine what is meant by trial by jury.
| Let the Senator, if he be lawyer, now un-
dertake to show that claim for a fugitive
slave is not, according to the early precedents
and wrlts, well known to the formers of the
Constitution especially to Charles Catesworth
Pinckney and John Rutledge, of South Caro-
lima, both of whom had studied law at the
Temple, as suit al common lar, to which,
under the solemn guaranty of the Constitu-
ton, is attached the trial by jury, as an in
separabe incident Let the Senator under.
take to show this if he can
ApI Al
found power in the Constitution where none
exists, and has set aside the right of trial hy
jury in suit at common law, then let him
answer yet another objection. By the iudg.
ment of the Supreme Court of the United
States, claim for 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 undertake to
show, If he can, how such an exalted exercise
of judicial power can he confided to a single
petty magistrate, appointed not by the Pre-.
sident, with the advice and consent of the
Senate, but by the court holding his Office
not during good behavior, but merely during
the will of the court and receiving not a re-
guar salary, but fees according to each in
dividual case. Let the Senator answer thi.
objection, if, in any way, by any twist ot
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 cour,
tcsies of debate which are essential to the
harmony of every legislative body.
We think Mr.. Mason must have felt like Sii
Andrew Asue Cheek in the play 'Plague
ont an had thought he had been valiant
and so cunning of fence, I'd have seen him
damned ere Id have challenged him