"If any stop be put to the exportation of rice from South Carolina
to Europe, it ... may render the whole Colony an easy prey to their
neighbors, the Indians and Spaniards, _and also to those yet more
dangerous enemies, their own negroes, who are ready to revolt on
the first opportunity_, and are eight times as many in number as
there are white men able to bear arms."[125]
[125] Ibid., p. 215.
Thus was it before, as during the Revolution,--weakness always, nothing
but weakness.
And this is precisely according to human experience. It was in South
Carolina as it had been in other lands where Slavery prevailed. Here I
read the testimony of a remarkable writer, Archbishop Whately.
"For if there be any one truth which the deductions of reason
alone, independent of history, would lead us to anticipate,
and which again history alone would establish independently of
antecedent reasoning, it is this: that a whole class of men
placed permanently under the ascendency of another as subjects,
without the rights of citizens, must be _a source, at the best,
of weakness, and generally of danger, to the State_.... It is
notorious, accordingly, how much Sparta was weakened and endangered
by the Helots, always ready to avail themselves of any public
disaster as an occasion for revolt."[126]
[126] Essays on Some of the Dangers to Christian Faith, pp.
214-216, note F, 2d edition. See also Bacon's Essays, with
Annotations by Whately, pp. 127-130: Annotations to Essay XV.
The Archbishop then recalls how Hannibal for sixteen years maintained
himself in Italy against the Romans, and, though scantily supplied
from Carthage, recruited his ranks by the aid of Roman subjects. Truly
does he say that every page of history teaches the same lesson, and
proclaims in every different form, "How long shall these men be a snare
unto us?"[127]--and also, "The remnant of these nations which thou
shalt not drive out shall be pricks in thine eyes and thorns in thy
side."[128]
[127] Exodus, x. 7.
[128] Numbers, xxxiii. 58.
* * * * *
Surely, Sir, this is enough, and more. From authentic documents,
including the very muster-rolls of the Revolution, we learn the small
contributions of men and the military weakness of the Southern States,
particularly of South Carolina, as compared with the Northern States;
and from the very lips of South Carolina herself, on four different
occasions,--by a Committee, by one of her Representatives in Congress,
by her historian, and by an eminent citizen,--we have the confession,
not only of weakness, but that this weakness was caused by Slavery. And
yet, in the face of this combined and authoritative testimony, we are
called to listen, in the American Senate, to the arrogant boast, from
a venerable Senator, that American Independence was achieved by the
arms and treasure of "slaveholding communities": an assumption baseless
as the fabric of a vision, in any way it may be interpreted,--whether
as meaning baldly that Independence was achieved by those Southern
States, the peculiar home of Slavery, or that it was achieved by any
strength or influence which came from that noxious source. Sir, I speak
here for a Commonwealth of just renown, but I speak also for a cause
which is more than any Commonwealth, even that which I represent; and
I cannot allow the Senator to discredit either. Not by Slavery, but
in spite of Slavery, was Independence achieved. Not _because_, but
_notwithstanding_, there were "slaveholding communities," did triumph
descend upon our arms. It was the inspiration of Liberty Universal that
conducted us through the Red Sea of the Revolution, as it had already
given to the Declaration of Independence its mighty tone, resounding
through the ages. "Let it be remembered," said the Nation, speaking by
the voice of the Continental Congress, at the close of the war, "that
it has ever been the pride and boast of America, that the rights for
which she contended were THE RIGHTS OF HUMAN NATURE."[129]
Yes, Sir, in this behalf, and by this sign, we conquered.
[129] Address to the States, April 26, 1783: Journal of Congress,
Vol. VIII. p. 201.
Such, Sir, is my answer on this head to the Senator from South
Carolina. If the work which I undertook has been done thoroughly,
he must not blame me. Justice demanded that it should be thorough.
But, while thus repelling insinuations against Massachusetts,
and assumptions for Slavery, I would not unnecessarily touch the
sensibilities of that Senator, or of the State which he represents. I
cannot forget, that, amidst all diversities of opinion, we are bound
together by 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 I am constrained to declare, that, throughout
this debate, I have sought in vain any token of that just spirit which
within the sphere of its influence is calculated to promote the concord
whether of State or of individuals.
* * * * *
And now, for the present, I part with the venerable Senator from
South Carolina. Pursuing his inconsistencies, and exposing them to
judgment, I had almost forgotten his associate leader in the wanton
personal assault upon me in this long debate,--I mean the veteran
Senator from Virginia [Mr. MASON], who is now directly in my
eye. With imperious look, and in the style of Sir Forcible Feeble,
that Senator undertakes to call in question my statement, that the
Fugitive Slave Act denies the writ of _Habeas Corpus_; and in doing
this, he assumes a superiority for himself, which, permit me to tell
him now in this presence, nothing in him can warrant. Sir, I claim
little for myself; but I shrink in no respect from any comparison with
that Senator, veteran though he be. Sitting near him, as has been
my fortune since I had the honor of a seat in this chamber, I have
come to know something of his conversation, something of his manners,
something of his attainments, something of his abilities, something
of his character,--ay, Sir, and something of _his_ associations; and,
while I would not disparage him in any of these respects, I feel that
I do not exalt myself unduly, that I do not claim too much for the
position which I hold or the name which I have established, when I
openly declare, that, as Senator of Massachusetts, and as man, I place
myself at every point in unhesitating comparison with that honorable
assailant. And to his peremptory assertion, that the Fugitive Slave Act
_does not_ deny the _Habeas Corpus_, I oppose my assertion, peremptory
as his own, that it _does_,--and there I leave that issue.
Mr. President, I welcome the sensibility which the Senator from
Virginia manifests at the exposure of the Fugitive Slave Act. He is
the author of that enormity. From his brain came forth the soulless
monster. He is, therefore, its natural guardian. The Senator is, I
believe, a lawyer. And now, since at last he shows parental solicitude
to shield his offspring, he must do more than vainly parry the
objection that it denies the great writ of _Habeas Corpus_. It is true,
Sir, if anything but Slavery were in question, such an objection, if
merely plausible, would be fatal; but it is not to be supposed that
the partisans of an institution founded on denial of human rights can
appreciate the proper efficacy of that writ. Sir, I challenge the
Senator to defend his progeny,--not by assertion, but by reason. Let
him rally all the ability, learning, and subtilty which he can command,
and undertake the impossible work.
Let him answer this objection: The Constitution, by an amendment
which Samuel Adams hailed as a protection against the usurpations of
the National Government, and which Jefferson asserted was its very
"foundation," has solemnly declared that "the powers not delegated 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 Government, particularly in derogation of Freedom. By the
Virginia Resolutions of 1798, which the Senator is reputed to accept,
this limitation of the powers of the National Government is recognized
and enforced. The Senator himself is understood, on all questions not
affecting the claims of Slavery, to espouse this rule in its utmost
strictness. Let him now indicate, if he can, any article, clause,
phrase, or word in the Constitution which gives to Congress any power
to establish a "uniform law throughout the United States" on the
subject of fugitive slaves. Let him now show, if he can, from the
records of the National Convention, one jot of evidence inclining to
any such power. Whatever its interpretation in other respects, the
clause on which this bill purports to be founded gives no such power.
Sir, nothing can come out of nothing; and the Fugitive Slave Act is,
therefore, without any source or origin in the Constitution. It is an
open and unmitigated usurpation.
When the veteran Senator of Virginia has answered this objection,
when he is able to find in the Constitution a power which is not to
be found, and to make us see what is not to be seen, then let him
answer another objection. The Constitution has secured the inestimable
right of Trial by Jury "in suits at Common Law, where the value in
controversy shall exceed twenty dollars." Of course Freedom is not
susceptible of pecuniary valuation; therefore there can be no question
that the claim for a fugitive slave is within this condition. In
determining what is meant by "suits at Common Law," recourse must be
had to the Common Law itself, precisely as we resort to that law in
order to determine what is meant by "Trial by Jury." Let the Senator,
if he be a lawyer, undertake to show that a claim for a fugitive slave
is not, according to early precedents and writs,--well known to the
framers of the Constitution, especially to Charles Cotesworth Pinckney
and John Rutledge, of South Carolina, both of whom had studied law
at the Temple,--a _suit at Common Law_, to which, under the solemn
guaranty of the Constitution, is attached the Trial by Jury, as an
inseparable incident. Let the Senator show this, if he can.
And, Sir, when the veteran Senator has found a 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 Supreme Court of the United States,
a claim for a fugitive slave is declared to be _a case under the
Constitution_,[130] within the judicial power; and this judgment of
the Court is confirmed by common sense and Common Law. Let the Senator
show, if he can, how such exalted exercise of judicial power can be
confided to a 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 behavior, but merely during the will of
the Court,--and receiving, not a regular salary, but fees according to
each individual case. Let the Senator answer this objection, if, in
any way, by twist of learning, logic, or law, he can.
[130] Prigg _v._ Pennsylvania, 16 Peters, 616.
Thus, Sir, do I present the issue directly on this monstrous enactment.
Let the author of the Fugitive Slave Bill meet it. He will find me
ready to follow him in argument,--though I trust never to be led, even
by his example, into any departure from those courtesies 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 I deem it in any way worthy of attention. To the two
associate chieftains in this personal assault, the veteran Senator from
Virginia, and the Senator from South Carolina with the silver-white
locks, I have replied completely. It is true that others have joined
in the cry which these associates first started; but I shall not be
tempted further. Some there are best answered by silence, best answered
by withholding the words which leap impulsively to the lips. [_Here Mr.
Sumner turned to Mr. Mallory and Mr. Clay._]
And now, giving to oblivion all these things, let me, as I close,
dwell on a single aspect of this discussion, which will render it
memorable. On former occasions like this, the right of petition has
been vehemently assailed or practically denied. Only two years ago,
memorials for the repeal of the Fugitive Slave Act, presented by me,
were laid on your table, Mr. President, without reference to any
Committee. All is changed now. Senators have condemned the memorial,
and sounded in our ears the cry of "Treason! treason!"--but thus
far, throughout this excited debate, no person has so completely
outraged the spirit of our institutions, or forgotten himself, as to
persevere in objecting to the reception of the memorial, and its proper
reference. It is true, the remonstrants and their representatives here
are treated with indignity; but the great right of petition, the sword
and buckler of the citizen, though thus dishonored, is not denied.
Here, Sir, is a triumph for Freedom.
When Mr. Sumner had finished, Mr. Clay, of Alabama, made haste to say,
"He has put the question, whether any Senator upon this floor would
assist in returning a fugitive slave? No response was made to the
interrogatory; and lest he should herald it to the world that there was
no Senator upon this floor who had the _moral courage_ to say 'Ay,' in
response to the interrogatory, I tell him that I would do it." To which
Mr. Sumner replied at once, "Then let the Senator say the _immoral
courage_."
Mr. Butler rose to reply, when Mr. Badger asked his "friend from
South Carolina, whether it would not be better for him to allow us
now to adjourn?" To which Mr. Butler answered: "No, Sir; I would not
subject myself to the temptation of preparing a reply that might have
something in it, that, like a hyena, I was scratching at the graves in
Massachusetts, to take revenge for the elaborate and vindictive assault
that has been made by the gentleman who has just spoken." The _Globe_
shows his continued anger and excitement, which broke out especially at
the comparison Mr. Sumner made between the Stamp Act and the Slave Act,
and at his refusal to surrender a fugitive slave. These seemed to be
the two grounds of offence. On the latter point, Mr. Butler, contrary
to Mr. Sumner's positive declaration, was persistent in saying that
he had denied the obligation of his oath to support the Constitution,
when he had only denied his obligation to surrender a fugitive slave.
At this stage, Mr. Fessenden, of Maine, remarked: "The answer made by
the Senator from Massachusetts was in these precise words: 'I recognize
no such obligation.' I did not understand that Senator as meaning to
say that he would not obey the Constitution, or would disregard his
oath,--nor, allow me to say, was he so understood by many gentlemen
on this side of the chamber; but he simply meant to say (I certainly
so understood him) that he did not consider that the Constitution
imposed any such obligation upon him. That is all." Before the debate
closed, Mr. Toucey, of Connecticut, said: "I beg leave to ask the
Senator from Massachusetts whether he now recognizes an obligation to
return a fugitive slave? I put the question in general language: Does
he recognize the obligation to return a fugitive slave?" Mr. Sumner
then said, "To that I answer distinctly, _No_." The petition was then
referred to the Committee.
* * * * *
As Mr. Sumner resumed his seat, after his speech in reply to his
assailants, Mr. Chase, who sat next to him, said: "You have struck
Slavery the strongest blow it ever received; you have made it reel to
the centre." The rage of its representatives was without bounds. The
suggestion of Mr. Pettit to expel him was the first idea, which at last
gave way to that of Mr. Clay to put him in Coventry. The first was not
abandoned at once. It was seriously entertained. The newspapers of the
time represent that it was under consideration from the day of his
speech,--that "the opposition to Mr. Sumner is general and bitter in
the Senate, and that it would be rash, therefore, to assert that the
resolution will not be presented, and that, if presented, it will not
be carried." It was added, that four Northern Senators were pledged to
the resolution. The _Evening Post_ said, jestingly: "The Washington
_Union_, and those of whom it is the special organ, are as much puzzled
what to do with Senator Sumner as the Lilliputians were how to dispose
of Mr. Lemuel Gulliver, when he made his appearance among them."
Other papers treated the subject more gravely. The _National Era_, at
Washington, said: "When we heard that a project for the expulsion of
Mr. Sumner was under consideration among some Senators, we scouted the
report as simply ridiculous; but there is no limit to the insolence
and folly of some men. On inquiry, we learned that such a project was
seriously canvassed."
* * * * *
This debate was profoundly felt throughout the country. Mr. Sumner's
speech was telegraphed to the North, and extensively read. People
there were smarting under the repeal of the Missouri Prohibition and
the attempt to enforce the Fugitive Slave Act. They were glad to find
the audacious pretensions of the slave-masters repelled in Congress.
Newspapers were enthusiastic. The correspondent of the New York _Times_
wrote:--
"This able, triumphant vindication, which covered the assailants
with confusion, told with the more effect because it was
unexpected. It had been supposed that Mr. Sumner would submit
quietly to any indignity that might be heaped upon him; but the
people, doubtless, when they read his speech, will acknowledge
that he held in reserve, and knew when and how to use, weapons of
defence far keener than the bowie-knife, and far more certain and
fatal than the duellist's rifle; and his countrymen will honor the
moral courage that enabled him to bear unflinchingly all the cruel
taunts of his misreckoning assailants, until the time had arrived
for drawing the arrows of Truth.... I have not been accustomed to
praise the Senator who is now my theme; but that heart must be
cold, and that judgment lamentably distorted, which could withhold
from Mr. Sumner his well-earned tribute for to-day's acquittance."