Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1874-04-24

logislato on this subject. i challenge hon
orable Senators TO produce It. / fearlessly
assert that II cannot be DONE The obliga-
tons imposed by the "fugiive" clause
whatever they may he, rest upon the States
and not upon Congress. l do not under
take to say what these obligations are but
simply that, whether much or little, they
rest upon the States. And this interpreta-
tion ssustained by the practice of Congress
on another kindred question. The assocl-
ate clause touching the "privileges OF citi-
Zens" has never been made a source oil
power. 1t will be in the recollection of the
Senate, that, during the last session, the
Senator from Louisiana [Mr. Benjamin.,
In answer to question from me, openly
admitted that there we're laws Of the South
ern States, bearing hard upon colored citi-
Zens Of the Moth, which were unconstitu-
tional; but when l pressed the honorable
Senator with the question whether he
would introduce or sustain n bill TO carry
out the clause OF the Constitution, securing
to these citizens their rights, he declined TO
answer.
MIR. BENJAMIN. ! think, Mr.. President,
/ have right TO set the record straight up
on that point. rose in the Senate on the
occasion referred to, as will be perfectly
well rccolected by every Senator present,
and put a respectful question 10 the Sena-
tor from Massachusetts. Instead Of re-
ply to my question, he put a question to
me, which l answered, and then put my
question. Instead Of replying 10 that, he
again put question to me. Considering
that as an absolute evasion OF the question
which 1 put 10 him, declined having any.
thing to say in the discussion. was not
here submitting TO an interrogatory from
that gentleman. I put to him a respectful
question. lie preferred to put one to me
instead Of answering mine. I yielded and
answered; and when | again repeated
mine he continued interrogatlng me. II
was obvious to every Senator present that
he eyaded an answer TO my question: aud l
therefore let the matter drop.
MIR. SUMNrR. THE Senator from Louis
ana will pardon me If I suggest that there
is an incontrovertible fact which shows
that the evasion was on his part. The rec
ord tes,ifes not only that he did not reply,
but that was cut of from replying by the
efforts and votes of himself and friends.
Let them consult the Congregational Globe,
and they will lind il all there. can conceive
that ii might have been embarrassing to
him to reply, for had be declined to sus-
tain a bill to carry out the clause in ques-
ton, ii would have been awkward, at least,
to vindicate the Fugitive Slave Act, which
is derived from an Identical source in the
Constitution. And yet there are Senators
ON this floor who, careless of the fla2rant
Inconsistency, yindicate the exercises OF
power by Congress under the fugitive"
clause, while their own States at home de-
ny to Congress any power under the asso-
ciatc clause, on tho privileges Of citizens"
assume TO themselves complete right to
determine the extent of its obligations, and
ru,hlcssly sci, into slavery coored citizens
OF the North.
Mr.. BUTLER. Docs the Senator ailude
to my State?
Mir. RusK. No; to mine.
Mr.. BUTLER. If he means South Caro-
lima, ! will reply to him. This is about
the fourth time l think, that the Senator,
aud his predecessor tMr. Winthrop before
him, have alluded to the laws Of South
Carolina. Il that he his allusion, I intend
TO give some facts in relation TO the subject,
OF (which have put myself in possession
since Mr. WinthrJp brought it here for
discussion. If the Senator intends TO al
lude to South Carolina, let him say so.
Mn. SUMMER. do allude to South Caro-
lima, and also to other Southern States but
especially TO South Carolina.
Mr.. RUsK. Does the Senator allude to
Texas?
Mr.. SUMNER. The Senator had Letter
allow me 10 so on. When l have finished,
he can make any explanation he thinks
necessary.
Mr.. RUsK. / will rot take the trouble
l do not think the game is worth the cam
die.
MIR. SUMNER. Very well. The Senator
can do as he peases. But lei me say, that
if allude to these Stales, it is not 10 bring
up and array the hardships of individual
instances, but simply TO show the position
occupied by them on a constitutional ques-
ton idenli'al with that involved in the Fu-
gitive Act. And now, at the risk of rep
etition, if can have your attention for a
brief moment, without interruption, will
endedvor TO state anew this argument.
The rules of Interpretation, applicable to
the clause of the Constitution securing to
'the citizens Of each State all privileges
and immunties Of citizens in the several
States are equally applicable to its asso-
ciate clause, forming part of the same
secti n, in the same article, and providing
that persons held to service or labor in
into another, shall be delivered up, on
claim of the party 10 whom such service oI
labor may he due" or this there can be
no doubt.
If one of these clauses is regarded as 4
compa between the States, 10 be carried
out by them respectively, according tt
their Interpretation of its obligations, with
out any intervention of Congress, then tht
other must be so regarded; nor can any
legislative power be asserted by Congress
undergone clause, which Is denied under
the other. This proposition cannot bC
questioned, Now mark the consequences
Congress in abstaining from all exercis,
of power under the first clause, when re
quired thereto, in order to protect the lib
erty of colored citizens, while it has assum
ed power under the second clause, in orde
10 obtain the surrender of fugitive slaves
has shown an Inconsistency, which be
comes more monstrous when II is consid
cred that, in the one case, the general an(
commanding Interests OF liberty have beel
neglected, while in the other, the peculia
aud subordinate interests of slavery hav
been carefully secured and such an ex
ercse of power is an alarming evidence o
that influence of slavery in the nationa
government which has increased, is in
creasing, and ought TO be overlhrown.
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