Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1854-07-27

gina, Mr. Sumner closed the debate by one OF inc
boldest, most scorchng and most Triumphant re-
plies ever mad in the Senate of the United
States, Deigning on to reply to the res onsihIe
heads of the ass lIans, Butler and Mason, he first
disposes of the charges of the former, that our
national independence was mainly won by the
5 ave States by an ray of facts and arguments
of the most unanswerable character, and then
turns upon thu latt n, Mason, the originator of
the Fugitive Slave Law and Furnishes him also as
follows: .,t............ a....,, .r
And now, for the present, part with the ven
cradle Senator from South Carolina. lnpursulng
his Inconsistencies and in exposing them 10 judy
ment, had almost forgotten his associate leader
in the wanlon personal assault 10 which have
| been eXposed-l mean the veteran Senator IRON
| Virgins, Mr. Mason) who is now directly IN
my eve With imp,rious look. and IN The sty e
of Sir Forcible Feebl., that Senator has under
taken to call in question my statement thal inc
Fugitive Slave Bill denied the writ OF hd0cdS
corpus and in doing this, he has assumed SUI
peii0rty for himself which, permit inc 10 tell MN
now in his presence, nothl' IN him can SANCTION
| Sir, c aim little for myself but shrink IN no
respect from any comparison with that senator,
veteran though he be. Sitting near him. as mas
bpen nv fortune since have been on this floor,
have come to know something OF his converse
ton, something of his manners, something OF MS
attainmens something of his abilities. something
of his character-ay, sir and something OF ms
assocations-und, while wonld not undertake
to dispa age him in any OF these respects. yet
I feel that do mol exat myself unduiy--'hat d"
not c aim too much for the position winch hod
or the name which have established, when
openly declare that. as a Senator OF Massachu-
sets and as man, place myself ut every point
in comparison with that honorable assallant. And
to this peremptory assertion that the fugllive
Slave Bill does not deny the habsds corpus, OPP
pose my ass 'rton, as peremptory as Ills own,
that it does, and there leave that question.
Mr.. Pr sident, | welcome the sensibity which
the Senator from Virginia displays at the expo
sure O. the Fugitive Slave Bin in lis true charac
ter. He is the author of that enntmity. From
his brain came forth the soulless monster. HE'S,
Therefore, its natural guardian. The Se@ator is.
believe, LAWYER And now. since he has
shown disposition to meet objections to that
Offspring, he must not stop with the objection
founded on the denial of the haCeQS corpus. 1t
strue, sir. if anything but slavery We're in qu s.
ton, UGH an objection y ould he fatal but it IS
not to be supposed hat the partsans of an inst~
tution founded on denial of human rights, can
appreciate the proper efficacy OF that writ oiree-
dom Sir, cha leng the Senator to defend his
progeny not by ssellion. but by reason Let
him ra " The ability, len ming. and subtle ty
which he can command undertake the impossible
work ...
Let him answer this objection The ConsIitu
ion, BY an amendment which SAMUEL Adams
l,,ti lad no nr,,tA no n
tn National Government, and whicf Jefferson
asserted was our foundation corner stone, > has
so!ennly declared hat " thu powers not dcl ga
ted In the United laes by the Constitution nor
prohibited by it to the states. are cry d to the
State res lecllyel or to the people Strong r
words could not be employed TO limit The rover
under the Constitution and o protect the Poop e
iiom all assumptions of the national Government,
parrcua ly in derogaon of freedom BY the
| Viz mia resolutions Of 1888, which the Senator
is rcputed to accept, this limitation OF the powers
of the national Government is rccogulz and ell
forced. The Senator himself is unde stood on ali!
questions not affecting the claims Of slavery, to
accept this rule in lis utmost slricness Let him
now lndi ale if he can any article Cause, phrase,
or word III the constitution, which gives to Con-
gress any power to s.ablsh Uniform law
throughout the u,ilied States on the subject Of
\ fugitive slaves Let HIM now show. if he can,
from the reco us f The Federal Convepton, one
ios of evidence incilrlng to any such power
hatever may pc Its Interpretation in other re-
s.'ecis the cIallse IN lch tins bill purports to be
/ founded gives no such power Sir, nothing can
cour ont OF nothing aud the Fugnive Slave bill
is therefore. without any source or origin in he
Constitution 1t is an open and utnlgated usur-
Ton.
/ nd sir, when the veteran Senator of Virgin-
ia has answer d tn objection uhen he has been
able to find III The g. onsututlon power which is
} not to be found and to make us see what is not
to BE- seen, then let him answer another objection.
Il The Constitution has secured tie nestimable
light OF trial by jury IN suits at common law"
where he value in controversy exceeds twenty
dol IRIS. Of course freedom is not susceptible of
Ipecunlary valuation, therefore there can be no
Question that the claim 7 fugitive slave is
within this condition. In de ermlning what is
meant by suits at common law, - recourse must
b. had to the common law itself, precisely as we
!; resort to tat law in order TO determine what s
meant by trial by jury Let the Senator, if he
a be lawyer, now undertake TO show that claim
tor gtlYe slave Is not, according to the early
precedents and writs, well known to the trainers
of the Constitution, especially to Charles Cotes-
worth Pihckney and John Rutledge, of South
Carolina, both Of whom had studied law at the
Temple, as sat at common fac, to which, un-
der the solemn guaranty Of the Constitution is
attached the trial by jury, as an inseparable inc
dent. Let the Senator undertake to show this if
he can - ..
And; sir, when the veteran Senator has found
power in the Constitution where none exists.
and has set aside the right of tri4i by Jury in
suit al common law, then let him answer another
objection. By the judgment of the Supreme
Court of the United Stales caim for fugitive
slave is declared to be a case, under the Const-
tuition, within the Judicial pow er and this Judge
ment of the Cours is conf med by common sense
and common law Let the Senator undertake
J to show, if he can, how such an exalted exc els
of Judicial power can be confded TO single pet
ty magistrate, appointed moi by the President
with the advice and consent of the Senate bu,
by the Court; holding his office, not during mood
behavior, but merely during the will of the coult ;
aud receiving not regular salary, but fees ac
cording to each individual case. Let the Sena-
tor an wer this objection, if, in any way, by any
twist of learning logic or Iaw he car
Thus, sir. do present the issue directly on
this outrageous enactment Let the author OF
}, tie Fugitive Slave bill meet it, He will find me
eady to ow him in argu ent. though trus,
never to be led even by his example into an, de-
partlre from those courteses OF debate which
az essential to the harmony of very BODY.
II Such, Mr.. President. is my response to all that
has be n said in this bat 81 far as it concerns
me. TO the two associate chieftains in This per-
sonal assault the veteran senator rom Virginia
and the Senator from South Carolina, with the
81 yer white ocks,l have replied completely Iii
true that Others have lined In the cry which
taese associates first started but shaI not be
tempted father Some persons are best answered
by 81 ence best answered by Withholding the
words which leap impuisiv y to the ps
And now, turning my back upon thes things
let me, for on moment, before close DIV i on