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

that 1t has ever been the pride and boast OF
| America, that the rights for which she has con-
| tended were THE RIGHTS OF HUMAN NATURE !"
Yes, sir, in this behalf, and by this sign, we
| quered.
| Such, sir, is my answer on this head to the
| Senator from South Carolina If the work which
| undertook has been done thoroughly, he must
not blame me. Whatever / undertake, ] am apt
| to do thoroughly. But while thus repellng the
| insinuations against Massachusetts,, and the as
sumptions for slavery, would not unnecessarily
touch the sensibilities of that Senator or of the
| State which he represents | cannot forget that,
| amidst all diyersites of opinion, we are bound
| together by the ties of a common country--that
| Massachusetts and South Carolina are sister
| States and that the concord of sisters ought to
| prevail between them but am constrained to
declare that have throughout this debate sought
in vain any token of that just spirit which, within
the sphere of its influence, is calculated to pro-
mote the concord alike of States and individuals.
| And now, for the present, Ipart with the VEN
| cradle Senator from South Carolina In pursuing
| his inconsistencies, and in exposing them to
| Judgment, l had almost forgotten his associate
| leader in the wanton and personal assault to
| which ] have been exposed mean the veteran
| Senator fran Virginia, Mr. MASON, who is now
| directly in my eye. With imperious look, and
in the style of Sir Forcible Feeble, that Senator
| has undertaken to call in question my statement
| that the Fugitive Slave Bill denied the writ of
a superiority for himself which, permit me to tell
| him now in this presence, nothing in him can
sanction. Sir, | claim little for myself; but
/ shrink in no respect from any comparison with
that Senator, veteran though he be. Sitting near
| him, as has been my fortune since have been on
| this floor, have come to know something of his
| conversation, something of his manners, some
thing of his attachments, something of his abili-
| ties, something of his character-aye sir, and
something of has associations; and, while would
| not undertake to dsparage him in any of these
respects, yet feel that do not exalt myself un-
| duly-that do not claim too much for the posi-
| ton which hold or the name which have es-
| tablished, when openly declare that, as Sena-
| tor of Massachusetts, and as a man, place my
| self at every point in comparison with that hon
orable assailant. And to his peremptOry asser
! ton that the Fugitive Slave Bill does not deny
the ha6eas corpus, oppose my assertion, as pc
remptory as his own, that it does and there /
| leave that question.
Mr. President, welcome the sensibility which
| the Senator from Virginia displays at the expo
sure of the Fugitive Slave Bill in its true charac-
| ter. He is the author of that enormity. From
his brain forth the soulless monster. He is,
| therefore, its natural guardian. The Senator is,
| / believe, lawyer. And now, since he has
| shown a disposition to meet objections to that
| offspring, he must not stop with the objection
founded on the denial of the habedS corpus. 1t is
| true, sir, if anything but slavery were in ques-
| ton, such an objection would be fatal but it is
| not to be supposed that the partisans of in
stitutiOn founded on denial of human rights,
can appreciate the proper efficacy of that writ of
freedom. Sir, challenge the Senator to 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 amendment which Samuel Adams
hall IL
the National Government, and which Jefferson
asserted was foundation corner-stone,n has
solemnly declared that " the powers not delega-
ted to the United States by the Constitution nor
prohibited by it to the States, are 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 derogaton of freedom. By
the Virginia resolutions of 1898, which the Sem
ator is reputed to accept, this limitation of the
powers of the National Government is recognised
and enforced. The Senator himself is under
stood, 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 arti-
Gle, clause, phrase word, in the Constitution,
which gives to Congress any power to establish
a "unitorm 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 inclining to any
such power. Whatever may be its Interpretation
in other respects the clause on which this bill
purports to be founded gives such a power.
Sir, nothing come out Of nothing; and the
Fugitive Slave Bill is therefore, without any
source or origin in the Constitution 1t 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 obiec-
| 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 I" suits at common law re-
| course must be had to the common law ITSELF
precisely resort to that Law in order to de-
| termine what is meant by trial by jury. Let the
| Senator, If he be a lawyer now undertake to
show that claim for a fugitive slave is not, ac-
| cording to the early precedents and wrtS, 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, as a suit at common
| taW to which, under the solemn guaranty of the
Constitution, is attached the trial by jury, as an
| nseparable incident. Let the Senator undertake
And, sir, when the veteran Senator has found
| 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 Su-
| preme Court Of the United States a claim for a
fugitive slave is declared to be 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 exalted ex-
ercise of judicial power can be confded to 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 |
silver-white locks, have replied completely 1t
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.