MOTION AND REMARKS IN THE SENATE, FEBRUARY 25, 1862.

February 25th, the Senate having under consideration a bill,

reported by Mr. Trumbull, of Illinois, to confiscate the

property and free the slaves of Rebels, an incidental question

arose on the recognition of the Fugitive Slave Bill, when Mr.

Sumner spoke as follows.

I desire to move an amendment, which I believe will carry out the idea

of the Senator from Kansas. I concur with that Senator in all he has

said in relation to the Fugitive Slave Bill. I have never called it a

law, hardly an act. I regard it simply as a bill, still a bill, having

no authority under the Constitution. There is no unsoundness in that

instrument out of which such excrescence can grow. That is my idea; I

believe it is the idea of the Senator from Kansas. Therefore I concur

with him in any criticism upon legislation seeming even in the most

indirect way to recognize the existence of a thing which can have,

thank God, under the Constitution, when properly interpreted, no legal

existence. Therefore, if the language introduced in this bill has the

effect which the Senator supposes, if it does in any way recognize the

existence of that bill, certainly I am against it; and when I listened

to the remarks of the Senator, and critically examined the language,

I must say I feared that there was some implication or other on our

part in favor of that bill. I therefore propose an amendment which

shall remove all such implication or possibility of recognition on our

part, while, at the same time, I believe it will carry out completely,

adequately, in every respect, the idea of the Senator from Illinois in

the measure now under consideration. The language here is as follows.

“And whenever any person claiming to be entitled to the service

or labor of any other person shall seek to enforce such claim,

he shall, in the first instance, and before _any order for the

surrender of the person whose service is claimed, establish not

only his title to such service, as now provided by law, but

also_ that he is, and has been, during the existing Rebellion,

loyal to the Government of the United States.”

I propose to strike out all after the word “before,” in the sixteenth

line, down to the word “that,” in the nineteenth line, being these

words,--

“any order for the surrender of the person whose service is

claimed, establish not only his title to such service, as now

provided by law, but also”--

and instead thereof insert--

“proceeding with the trial of his claim, satisfactorily prove”--

so that the sentence will read,--

“he shall, in the first instance, and before proceeding with

the trial of his claim, satisfactorily prove that he is,

and has been, during the existing Rebellion, loyal to the

Government of the United States.”

This language, as I believe, carries out completely the idea of the

Senator from Illinois in the measure before us. I think it also

carries out the idea of the Senator from Kansas. It gives all proper

efficacy to the language of the statute; at the same time it does

not compromise any of us, in this age of Christian light, by a new

recognition, direct or indirect, of the Fugitive Slave Bill.

MR. COWAN. How long will that provision last?

MR. SUMNER. As long as this statute lasts.

MR. COWAN. Then a person claiming one hundred years from this

time would open his cause by showing that he was loyal during

this Rebellion!

MR. SUMNER. I hope so, certainly,--forever.

The amendment was agreed to. The bill never became a

law. Another bill on the same subject from the House of

Representatives was adopted, with the following title, “To

suppress Insurrection, to punish Treason and Rebellion, to

seize and confiscate the property of Rebels, and for other

purposes,” and approved by the President, July 17, 1862.[207]

Charles Sumner: his complete works, volume 08 (of 20) · 第 84 / 125 题