The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-03-08
40
IcoSrHuEp rnox rrRsr FACE. ]

a Slavery" is mentioned, or where the word
- slave" can be found and he could not do it.
Nr. RUSK That is evading the question. /
asked the Senator to point out in the bill the
clause where Slavery is mentioned. The bill
proposes TO protect officers Of the United States,
whom you appoint, in discharging their duties.
II they are TO be ef unprotected repeal your law.
Mr SUMNER. ] respond TO the Senator with
ali my heart, repeal your law" Yes, sir, repeal
the Fugitive Act, which now requires the support
ofsupplementary legislation. Remove this ground
of offence. And before sit down, hope to make
that very motion. Meanwhile, evade no ques-
ton propounded by the honorable Senator; but
| do not consider it necessary to show that Sla-
very" is mentioned in the bill. 1t may not be
found there in name but Slavery is the very
soul OF the bill.
Mr.. RUSK rose
Mr.. SUMNER The Senator has interrupted
me several times no may do it more; but per-
haps, he had better let me 20 on.
Mr.. RUSK. l understand the Senator; but
make no boast of thst sort.
Mr.. SUMNER. Very well At last | msy be
allowed to proceed. OF the bill in question,
have little TO say. Its technical character has
been exposed by various Senators, and especially
by my valued friend, the Senator from Ohio, Dir.
CHASE, who opened this debate. Suffice it to say,
that il il an intrusive and offensive encroach-
power of the States in the protection of the iber
Ties of their citizens. This consideration alone
would be ample TO secure its rejection, if the
attachment to State Rights, so often avowed by
Senators, were not utterly lost in a stronger
attachment TO Slavery. But on these things,
although well worthy of attention, do not dwell
Objectionable as the bill may be on this ground,
il becomes much more so when regard it as an
effort to bolster up the Fugitive Slave Act
IT,. n. Ia.
alton. Conceived in defiance of the Constitu-
ton, and of every sentiment of justice and hu-
mainly, il should be regarded an outlaw. 1t
may have the form of legislation, but it lacks
every essential element of law. ] have so often
exposed its character on this floor, that ! shall
be brief now
There il an argument against it which has es-
pecial importance at this moment, when the Flu
gitive Act is made the occasion Of new assault
on State Rights This very act is an assumption
by Congress of power not delegated to it under
the Constitution, and infraction of rights Sc
cured to the States Show me, sir, if you can,
the clause, sentence, word, in the Constitution,
which gives to Congress any power TO legislate
on this subject | challenge honorable Senators
10 produce il. / fearlessly assert that it cannot
be done. The obligations imposed by the fugi-
tive" clause, whatever they may be, rest upon
the States and not upon Congress. The associ-
hte clause touching the privileges of citizens "
has never been made a source of power. IL VIII
be in the recollection of the Senate, that, during
the last session, the Senator from Louisiana, Mr.
BENJAMIN, in answer 10 a question from me,
openly admitted that there were laws OF the
Southern States, bearing hard upon colored citi-
zens of the North, which were unconstitutional
but when | pressed the honorable Senator with
the question whether he would introduce or Sus-
tain a bill to carry out the clause of the COnSti-
tuition securing TO these citizens thor rights, lie
declined TO answer.
Mr. BENJAMIN. think, Mr.. President, have
a right TO set the record straight upon that point
] rose in the Senate on the occasion referred TO,
AZ will be perfectly well recollected by every
Senator present, and put respectful question to
the Senator from Massachusetts,. Instead of
reply to my question, he put a question TO me,
which answered, and then put my question.
Instead of replying to that, he again put ques-
ton to me. Considering that as an absolute
evasion of the question which | put to him,
declined having anything further to say in the
discussion. / was not here submitting to AN in
terrogaiory from the gentleman. put to him
respectful question. lie preferred 10 put one to
me instead Of answering mine. ! yielded and
answered; and when again repeated mine, he
continued interrogating ME. II was obvious to
every Senator present that he evAded an answer
10 my question, and therefore let the matter
drop.
Nr SUMNER. The Senator from Louisiana
will pardon if suggest that there is an ineon-
trovertible fact which shows that the evasion was
on his part. The record testifies not only that
he did not reply, but that was cut off from
replying by the efforts and votes Of himself and
friends. Let him consult the Congressional Globe,
and be will find it all there. | can conceive that
it might have been embarrassing to him TO reply,
for had he declined to sustain bill 10 carry out
the clause in question it would have been awk-
ward, at least, TO yindicate the Fugitive Slave
Act And vet there Senators on this floor
who, careless of the fragrant inconsistency, vim
dictate the exercise of power by Congress under
the fugitive clause while their own States at
home deny TO Congress any power under the
associate clause, assume to themselves complete
right to determine the extent of its obligations,
and rutblessy sell into Slavery colored citizens
of the North.
Mr.. BUTLER Does the Senator allude to my
State
Mr. RUSK. No; to mine.
Mr.. BUTLER. If he means South Carolina, |
will reply TO him This il about the fourth time,
] think, that the Senator, and his predecessor
Mr. Winthrop before him, have alluded to the
laws of South Carolina. If that be his allusion,
intend 10 give some facts in relation TO the sub
ject, of which | have put myself in possession
since Mr. Winthrop formerly brought il here for
discussion. If the Senator intends to allude 10
South Carolina, let him say so.
Mr.. SUMNER. | do alude to South Carolina,
and also 10 other Southern States but especially
10 South Carolina.
Mr. RUSK Does the Senator allude to Texas
Mr.. SUMNER. The Senator had better allow
me 10 60 on. When | have finished, he can make
any explanation he thinks necessary.
Mr.. RUSK. I will not take the trouble; j do
not think the game is worth tho candle.
Mr. we'll he ran
do as he plsases. But let me say, that if allude
to these States, il is not to bring up and array
the hardships of individual instances, but simply
20 show the position occupied by them a con-
stitutional question identical with that involved
in the Fugitive Act. And now at the risk Of
repetition, if can have your attention for brie
moment without interruption, will endeavor tC
state anew this argument.
The rules Of Interpretation, applicable to the
clause of the Constitution securing to Z" the citi.
zens Of each State all privileges and immunities o
citizens in the several States" equally appli
cable to its associate clause, forming part o
the same section, in the same article, and pro
yidinc that persons held Ia service or labor il
one state. under the laws thereof escaping int
another, shall be delivered up, claim of tn
party 20 whom such service or labor may be due.
OF this there can be no doubt.
If one Of these clauses lie regarded a compaC
between the States, TO be carried out by ther
respectively, according to their Interpretation {
it's obligations, without any intervention of Con
. gress, then the other must be SO regarded nc
can any legislative power be asserted by Con
gress under one clause, which is denied undo
the other.
Congress, in abstaining from all exercise {
power under the first clause, when require
thereto in order to protect the liberty of colore
citizens, while it has assumed power under tn
,aeapd clauee in order N ohfain the surrende
of fugitive slaves, has shown an inconsistent,
which becomes more monstrous when it is con
sidered that in the case, the general an
commanding interests of Liberty have boon neg