The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-03-08

| "ReSotced, That Tree negroes and persons of
color not citizens of the United States withul
the meaning Of the Constitution, which confers upon
the citizens of one State the privileges and i'm
munities of the citizens of the several States"
Here is distinct assumption of right to deter
mine the persons to whom certain words of the
Constitution applicable. Now nothing can
be clearer than this If South Carolina may de-
termine Tor itself whether the clause relating to
I" the privileges and immunities of citizens " be
| applicable to the eoLored citizens of the several
States, and may solemnly deny its applicability,
then may Massachusetts, and every other State,
determine for itself whether the other clause re-
lating 20 the surrender of persons held to ser
vice or labor" be really applicable to fugitive
slares, and may solemnly deny its applicability.
Mr.. President, have said enough to show the
usurpation by Congress under the " fugitive y
clause of the Constitution, and TO warn you
against renewing this usurpation. But | have
left untouched those other outrages plentiful as
words, which enter into the existing Fugitive
Slave Act, among which are the denial of trial by
jury the denial of the writ of habeas corpus !;
the authorization of judgment on er parte evil
| dence, without the sanction of cross-examina-
ton; and the surrender of the great question OF
| human freedom to be determined by a mere
Commissioner, who, according TO the require
ments of the Constitution, is grossly incompe-
tent TO any such service have also left I'M
|
as barefaced subverSion of every principle OF
humanity and justice. And now, sir we are
asked to lend ourselves anew to this enormity,
| worthy only of indignant condemnation are
asked TO impart new life TO this pretended law,
this false act of Congress- this counterfeit enact
ment, this monster of legislation, which draws
no life from the Constitution, as it clearly draws
no life from that supreme law which is the es-
sential fountain Of life TO every human law.
| tha haf have fha otto
of Congress and in yet other ways you may
seek to sustain the Fugitive Slave Act. But il
| will be in vain. You undertake what no legisla-
| ton can accomplish. Courts, too, may come
forward, and lend it their sanction. All this too,
will be in vain. / respect the learning of judges
| reverence the virtue more than learning by
which their lives are often adorned. But nor
| learning, nor virtue, when, with mistaken force,
bent to this purpose, can avail. | assert conf
IDENTIFY, sir, and ask the Senate to note my asser-
| ton, that there is no court hOwsoever endowed
| with Judicial qualities, or surrounded by public
| confidence, which is strong enough to lift this
| act into any permanent consideration or respect.
1t may seem, for moment TO accomplish the
feat. Its decision may be enforced amidst tears
and agonies. a fellow man may be reduced
| anew 10 Slavery. But all will be in vain. The
act cannot be upheld. Anything entirely vile,
so absolutely atrocous, would drag an angel
| down. Sir it must drag down every court,
| which in an evil hour ventures to sustain it.
And yet, sir, in zeal TO support this enormity,
| Senators have not hesitated TO avow purpose
| to break down the recent legislation Of States,
calculated shield the liberty of their citizens.
" 1t is difficult" says Burke, to frame in
dictment against whole people" But here in
the Senate, where convened the jealous rep
! resentatives Of the States, we have heard whole
States arraigned, if already guilty of crime.
The Senator from Louisiana, Mr. BESJAMIN,l in
plaintive tones has set forth the ground of pro-
ceeding, and more than one sovereign State has
been summoned to judgment. Ii would be easy
to show, by critical inquiry, that this whole
charge is without just foundation, and that all
the legislation, much condemned, is as clearly
defensible under the Constitution, as it is meri-
torious in purpose.
Sir, the only crime of these States is that Lib
erty has been placed before Slavery. Follow the
charge, point by point, and this will be apparent.
In securing to every person claimed a slave
the protection of trial by jury and the hdbeds
pas, they simply provide safeguards, strictly
within tho province of every State, and rendered
necessary by the usurpation of the Fugitive Act.
In securing the aid of counsel to every person
claimed rs a slave, they but perform kindly
duty, which no phrase word in the Consttu-
ton can be tortured to condemn. In visiting
with severe penalties every malicious effort to
reduce a fellow-man to Slavery, they respond TO
hibiting the of the county jails and buildings
as barracoons and slaye-pens; in prohibiting all
public officers, holding tho commission of the
State, in any capacity-whether as chief justice
or justice of the peace, whether as Governor or
constellation any service as a slave-hunter !;
in prohibiting the roianeer nista of the State, in
its organized form, from any such service, tho
| States simply exercise power under the Con-
stitution, recognised by the Supreme Court Of
| the United States, while unfolding Slavery,
in the fatal PTigg case, by POSITIVE PROHIBITION,
| to withdraw its own officers from this offensive
| business.
| For myself. let me say that look with no
| pleasure on any possibility of conflict between
| the State and National jurisdictions I; but trust
that, if the interests of Freedom so require, the
States will not hesitate. From the beginning of
this controversy, have sought, still seek, to
awaken another influence, which, without the
| possibility of conflict, will be mghtier than any
act of Congress and the sword of the National
| Government. mean an enlightened generous,
| humane, Christian public opinion, which shall
| blast with contempt, Indignation and abhor-
| renee, all who, in whatever form, under what
ever name, undertake TO be agents in enslaving
I fellow-msn. Sir, such an opinion you cannot
bind or subdue Against its subtle, pervasive
| influence, your legislation and the DEGREES of
| courts will he powerless. Already in Massachu-
sets, am proud to believe, it begins to prevail
\ and the Fugitive Act will soon be there a dead
| letter
| Mr.. President, since things are so, it were well
to remove this act from our statute book, that it
may no longer exist as an occasion of illwill and
| point Of conflict Let the North be relieved
| from this usurpation, and the first step will be
| taken towards permanent harmony. The Sena-
tor from Louisiana Mr.. BENJAMIN has pro-
claimed anew tonight what he has before de-
clared on this floor" that Slavery is subject
| with which the Federal Government has nothing
to do" ! thank him for teaching the Senate that
| word True, most true, sir, ours is a Govern
ment of Freedom, which has nothing to do with
Slavery This is tho doctrine which have ever
maintained, and which am happy to find recog.
missed in form, if not in reality, by the Senator
from Louisiana. The Senator then proceeded Il
declare that all that the South asks is to be le
alone" This request is moderate. And | say
for the North that all that ask is to be lie
alone, Yes, sir, let us alone. Do not involve
us in the support of Slavery. Hug the viper Il
own States, until it stings you to a generous re-
morse, but do not compel as to hug it too; 70
this | assure you We will not do.
| But the Senator from Louisiana, with thes
professions on his lips, proceeds to ask, doubt
, less, with complete sincerity, but in strang
! forgetfuness of the history u country: :" ei'
!, We bring this subject into Congress?" Yes
SIT, that was HE inquiry, as II tnere nau Decl
any moment from the earliest days of the Repub
lie, when the supporters of Slavery had ceased t
bring this subject into Congress. Almost from
the beginning it has been there, through tn
exercise of usurped po,cer, nowhere given unde
r the Constitution, for / glad TO believe ths
the Constitution of my country contains no word
T out of which Slavery, the power to supper
Slavery, can be derived; and this conclusion,
! doubt not, will yet be affirmed by the courts
And yet, the honorable Senator asks "Did W