Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1866-01-09
John sherman's Record on the RepeaI
or the Fugitive Slave Laws.

= Senate the following bill:
"Be it enacted, de-, That all acts of Cor
gress, or parts of acts, providing for th
rendition Of fugitives from service or labol
be, and the same are hereby, repealed"
In abiding to it, Senator Sumner said
at seems to me to be perfectly plain. I
lis like diagram; it is like the multi
"plication table; it is like the ten com
"mandments"
John Sherman admitted the law of 1885,
to be Unconstitutional and barbarous,
and expressed willingness to repeal al
fugitive slave laws except that of 1913
He then said: al have some doubt about
'the expediency of repeating the law Of
"l79s, and wish the Senator, in order to
"avoid difficult question, would"
"MR. SUMNER. will say the committee
took that INTO consideration but they felt
that we had better make q clean thing of it,
purify the country, lift the country up be-
fore foreign nations, and let US nol0 tOaSf our
hands Of all support Of slavery"
MR.. SHERMAN. am not guided eractly
| By the nlotires Of the honorable Senator from
Massachusetts. He desires to ertirpate the
I0hote Of these lGt0s. l wish to give to the
people of the Southern States, the few who
are left who have the right to enforce the
Constitution against us, their co stitutional
rights fully and fairly. The law
OF 1898 was framed by the men who framed
the Constitution. 1t has been declared to
be valid and constitutional by every tri
bunal that has acted upon it."
"MR- SUMNER. 1 beg the Senator'S pardon.
1t was declared to be unconstitutional BY
ha 49, -.
the Prigg case; and the Senator knows
very well that it Is among the records in the
life OF Judge Story, who gave the opinion
in the Prigg case, that the fatal objection to
the act of 1898, that it did not give a trial
by jury in a ease of human freedom, was
never argued before the court, and that he
personally considered it an open question.
put it to the Senator whether he can doubt |
that any human being whose freedom is |
called in question under the Constitution of |
the United States is entitled to a trial bv |
jury2 And if that trial is not given to him |
by the statute which undertakes to doom |
him to slavery, l pronounce that statute
Mr. SHERMAN. Without engaging in any
debate on these controyerted propositions
and feeling the weight of constitutional |
obligation upon me, I shall content myself
in this case with recording my vote on the
bill, and by placing itsimply on the ground
that | do not wish to extend this repeal
back to a law which was framed by the
men whom reverence as the founders of
this Government" etc.
"MR. SUMEER. Then, Mr.. President 7
that the Senator from Ohio has
no doubt that under the Constitution of the
United States a human being may be oiuen orer
o SLGUeTy t0ithOnt trial byjurv"
"MR. SHERMAN. I l0H not 90 into the dis
uSsiOn of that question. = = IwiIIask.
However, before the roll is called, if it is ,
Competent for me to offer an amendment To
rcept the iG'o Of 1898 from the operation of this
tHF II that can be done, I shall Uote for the
~ F y5n ftraat inleasnre will osk tho Chair
"THE PRESIDING OFFICER. 1t is not"
"MR. SHERMAN. will move to reconsider
he vote ordering the bill to be engrOssed
nd read third time, for the simple pur-
'ose of offering that amendment"
"MR. CONFESS. Task the Senator tchether |
e Uoted in the qfffrmGtiUe'' - 8
"MR. SHERMAN. There IOas no division, and
therefore, any one has right to move to re-
Onsider."
"THE PRESIDING OFFICER. The bill is now
n the Senate and open to amendment"
"MR. HENDERSON. 1 had prepared an
"MR. SHERMAN. have got the law before
ne, and will submit my own view, and
hen the Senator can present his PROPOSE
ion. none to add at the end Of. the bill the
OOrds, 'ercept the act GRPrOsed February II,
1885," etc.
"MR. SUMNER. shall not be betrayed
nto any extended debate but shall con-
ent myself with replying directly to what
las been said on the other side There is first
he Senator from Ohio, Mr.. Sherman,l 10ho
to arrest the generous PuTPOse Of
he Senate, as it was about to vote, by a
proposition to keep alive the old act of 1898.
Strange that nol0, f0hile I0e are IN deadly con-
fict Nth slGUery, 1t should be proposed to keep
1Live an ancient support of slavery. But the
Senator gravely insists, and the Senator
from Maryland Mr.. Johnson] insists with
him. But the Senator from Ohio does
not seem to be aware of the char
acter of the statute which hs proposes
to keep alive. Let me remind him
that 6y this statute l0hich he cherishes so
aoarnlly feLlol0- man may be hurried before a
magistrate and doomed to SLAVERY SoithOUt
trial 5y jury. Can this be constitutional
Will tie Senator sanction such an enactment
= Pardon me if for moment, leav-
ing the tsoo Senator's l0ho seek to .foist SLAVERY
into the Constitution, 1 turn to the question
itself"
A running debate ensued between
Messrs. Sumner and johnson, which was
not participated in by Mr.. Sherman or
any other Senator. The Vice President
then announced the question to be on Mr..
Sherman's amendment. Messrs. johnson
and Sherman called for the yeas and nays,
which were taken, resulting as follows;
"YEAs-Messrs. Buckalew, Carlile, Col
lamer, Gowan, Davis, Dixon, Doolittle, |
Foster, Harris, Henderson, Hendricks, Howe, |
johnson, Lane of Indiana, MeDougall, Nes- |
NTH, Powell, Riddle. Salisbury, SHERMAN,
Ten Eyck, Trumbull, Van Wrinkle, and |
Willey-24.
Conness, Fessenden, Grimes, Hale, Howard, |
Lane of Kansas, Morgan, Morrill,, Pomeroy, |
Ramsey, Sprsgue, Sumner, Wilkinson, and |
WilsOn--l7." i
ann. CONFESS. For one, sir, I do not
wish to cast a vote for this measure in its
present shane. As the Senate have
seen fit TO amend the bill cannot vote for
it. At present, therefore, l move that it lie
on the table"
"MR. SUMNER. hope the Senator will
withdraw that motion.
ana. CONFESS For what reason2"
Mr.. SUMNER. For the reason that we
get something by this bill. feel-dnd let
me speak .frGnkly-Ifeel the DEGRADATION that
has been brought -"
"MR. Eos RR. Is the motion debatable 7"
"THK VICE PRESIDENT. The motion to
lay the bill on the table is not debatable."
The motion to lay on the table was lost,
and, after some brief debate, during which
Mr.. Sherman was silent, the Senate ad-
iourned. The bill as amended was up for
consideration on the following day (the
2Oth), but a vote was not reached. On the
2lst the bill was again debated, but Mr..
Sherman did not participate. During the
discussion, Mr.. Conness, of California,
said;
"a very II nateriel change has been made in
the bill since it was presented by the hon
orabIe Senator from Massachusetts,
change which, were it not supported by
majority of the Senate, would say was not
creditable to the country at the present
time; but l am not permitted, l suppose, to
say that"
sMR. SUMNER. think you are"
@MR. CoNNESs. The Senator thinks am
have no doubt that that is his opinion.
1t does not vary much from my own"
| IT. In ,ros fban roada tho cnaoia1 ordar