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330 CONG....20 Sess.

Erecution of United States Laws-Debate.

SENATE.

against the bill. I believe the bill is intended to conform to all the requirements of the Constitu- | the United States will erect no monument to the enforce an unconstitutional and arbitrary law, and || tion, reserving to herself the interpretation of the memory of Jefferson, who declared, that, in the for no other purpose whatever, and to prevent, if obligations of the Constitution. I have not under- unequal contest between slavery and freedom, the possible, the influences now at work in the free stood him, as the Senator from California seems Almighty had no attribute which could take part States for the protection of the liberties of their to have done, to mean that, if the subject were with the oppressor. But the Senate will, on the own citizens.

pretermitted to the States, Massachuseits would other hand, promptly comply with the demand Mr. WELLER. The Senator, I believe, did || pass any law enabling the owners of slaves to re- to raise another bulwark around the institution of say, in the course of his remarks, that he regarded cover their property which had escaped. Perhaps || slavery. the fugitive slave law as an unconstitutional and I have not understood him; and I should like to Mr. President, as there is nothing new in the oppressive act. Entertaining that opinion, of hear his real views on that point.

circumstances of this transaction, so it has hapcourse he will not vote for this bill, which seeks Mr. WILSON. The Senator from Florida ) pened now, as on all similar occasions heretofore, the enforcement of it. That Senator undertook must certainly be aware that I cannot say what that everything foreign from the question at issue to say, that if Congress repealed the fugitive slave Massachusetts would do, or what laws she would has been brought into the debate. The introduclaw, he had no doubt the Legislature of Mas- | pass. I believe I believe it sincerely-the people | tion of these foreign matters has, as heretofore, sachusetts would pass a law which would enable of that State feel that the Constitution, and all the been attended with a profusion of reproaches, and the slaveholder to recapture his property. Now, Constitution, is binding upon them. I should be calumnies, and epithets, as inapposite to the occaI ask whether there is a Senator within the sound willing to trust the people of that State to perform sion as they are inconsistent with the decorum and of my voice who believes that if you were to their constitutional duties. I believe they will do | dignity of an august Legislature. Those of us repeal the fugitive slave law to-morrow, the Legis- | 80; I believe that whatever action they may take, upon whom such denunciations, calumnies, and lature of a single one of the New England States will be such as to protect, to the fullest extent, the epithets have been showered, have endured them would pass any enactment which would enable liberties and rights of their own citizens.

long, and I think no one will deny that we have him to recapture his property; who does not know Mr. SEWARD. Mr. President, the scene be- endured them patiently. To such Senators as that if this subject were pretermitted to the State fore me, and all its circumstances and incidents, have given utterance to their opinions in that form Legislatures, it would operate as a total denial admonish me that the time has come when the of argument, I make, for myself, only this replyof the right of slaveholders to go within some Senate of the United States is about to grant another that that field of debate is relinquished exclusively States and recapture their property? Does hell of those concessions which have become habitual to themselves. Now, as on similar occasions suppose this Union can be maintained when you here to the power of slavery in this Republic. For heretofore, the relations of political parties, and proscribe a certain section of the Union, and de- | the second time, in a period of nearly three months, their respective merits and demerits, have entered prive these people of the right to recapture their the brilliant chandelier above our heads is lighted largely into the discussion. Sir, I shall forbear property? I do not intend to go into this discus. | up; the passages and galleries are densely crowded; || from entering into that part of the debate, for the sion, certainly not at this early hour of the even. all the customary forms of legislation are laid reason that I am addressing, not politicians, but ing; but if the debate shall be prolonged until || aside; the multifarious subjects, which have their statesmen. So far as the justice or expediency of daylight, I may take occasion to express my rise in all parts of this extended country, are sud- the measure under consideration is concerned, it opinions generally. It is enough for me to say denly forgotten, in a concentration of feeling upon can make no difference whether those who advo. that the Senator from Massachusetts has been a single question of intense interest. The day is cate it or those who oppose it are Whigs or are most grossly misrepresented in the newspapers, I spent without adjournment. Senators, foregoing | Democrats, or belong to that new class of men and in my judgment, he does not express the their natural relaxation and refreshment, remain who are popularly called Know-Nothings. Argu. views of his colleague, (Mr. SUMNER,) as ex- in their seats until midnight approaches. Excite- ments based on such grounds may have their pounded heretofore. There is certainly a differ- ment breaks out in every part of the Chamber.weight somewhere else-outside of this Chamber ence of opinion between them. It may be that | Criminations and recriminations, and denuncia- or possibly up there—{pointing to the galleries)the Senator from Massachusetts who has just || tions of Senators individually, and of Senators by || but certainly not down here. Inquisition has been addressed the Senate is a Free-Soiler, as contra- classes, equally of those who have participated || made concerning the circumstances and influences distinguished from an Abolitionist. He has said in the debate, and of those who have remained which attended the recent elections of members, that there are only about one thousand Aboli- | silent, grate harshly upon the ear. Such as these not only of this House, but of the House of Reptionists in Massachusetts. Why, Mr. President, were the incidents that heralded the passage of the resentatives, for the purpose, as it seems, of I had considered that that was the most popular fugitive slave act of 1850. Such as these attended awakening prejudices against those who oppose party in the State, and that the Senator from the abrogation of the Missouri compromise in the passage of this bill. I give notice to honMassachusetts who has not spoken (Mr. SUMNER] || 1854. I know full well that the fall of constitu- orable Senators who have adopted this line of was the exponent of the people of that State. tional liberty is as certain to follow these incidents | argument, that it is neither required by the people But, sir, it seems I was mistaken. The Senator occurring now, as it followed the like incidents on whom I represent here, nor is it consistent with from Massachusetts (Mr. WILSON) is going to the sad occasions to which I have referred. And, their dignity and honor, that I should assume to stand by the Union; if so he will find me along. || for aught I know, the teeming gun which pro- | interpret the motives which determined their choice side of him. I have no disposition to trespass on claimed those former triumphs ofslavery, is already of legislators. The results are before the world. the rights of his State, and if he will only stand | planted again under the eaves of the Capitol, to They explain themselves. Equally derogatory by me to prevent his people trespassing on the celebrate another victory. My course, on this from my duty, and disrespectful to the statesmen constitutional rights of other sections of the Con- | occasion, has been the same as on all former occa- around me, and to the Siates which they reprefederacy, we shall preserve the Union intact; but sions of a like character. I have forborne from sent, would it be, were I to inquire into the manner when he speaks of the sentiments generally enter- engaging in the debate, until near the end of the

or circumstances of the elections made by those tained in the free States, I suppose, like others, i controversy, that the country may know who it is States. I recognize every Senator here as the he does not undertake to speak for the State which and who it is not, that disturbs' the public har- exponent of the opinions and principles of the I represent. We have no abolitionists there; but mony, and breaks the public peace, by the agita- | Slate from which he comes. And I hear no voice if we have any at all they are colored men. tion of slavery in these Halls; and I shall speak from any State but that to which its representatives (Laughter.)

now, less in the form of an argument against the give utterance. Nevertheless, Mr. President, I Mr. WILSON. The Senator from California bill before us, than of a protest, upon which I shall not shrink from such an exposition of my has asked me a question, and I have answered shall take my stand, to abide the ultimate judg- own opinions and sentiments on collateral issues, him frankly. Now, I should like to ask him one. ment which shall be rendered by the American as shall tend to disero barrass a good cause, by Mr. WELLER. Certainly; that is fair. people.

relieving it from unjust prejudices, directed against Mr. WILSON. The Senator says he will stand For myself, there is a painful association con- myself as its advocate. by me in support of the Constitution. I wish to nected with the rise of this debate. I arose in my First, in regard to what is called the Nebraska ask that Senator if he believes it would be en. place at eleven o'clock this morning, simulta- || question. I freely confess that I regard the abrocroaching, trespassing on, or interfering with the neously with the honorable Senator from Connec- gation of the Missouri compromise by the Nerights of the slave States of this Union, if Con- | ticut, (Mr. Toucey,) and each of us demanded braska bill of the last session as an unjust, unnecgress were to abolish slavery in this District, or an audience, which was assigned by the Chair to essary, dangerous, and revolutionary act. I voted allow the people of the District of Columbia to him. He announced this bill, which, however against it as such. Let that vote stand against me, abolish it?

obscure in its language, was, as we all instantly in the minds and in the hearts, if it must be so, of Mr. WELLER. I should so consider it; but knew, designed for the protection of officers of those Senators who regard it as a cause for reas 1 perceive that the Senator from New York the United States, who are engaged in executing | proach. Certainly, this is not the time to justify (Mr. Seward) is very anxious to speak, I shall the fugitive slave law. On the other side, I held that vote. A time to do so was when the vote was not explain the reasons why I give this answer. in my hand a proposition to be submitted to the given, and its vindication was then duly made.

Mr. MALLORY. Mr. President, I am in favor Senate, for the erection of a bronze monument, || There is probably another time coming for the of the bill, and I shall not delay the Senate a mo- fifty feet high, in the city of Washington, which renewal of that vindication, a time in the near ment, believing, as I do, that the policy of its should illustrate the life and the death of Thomas | future, when the question of a restoration of freefriends should be to pass it without saying any- | Jefferson, and commemorate the immortal names dom throughout the Territories of the United States thing on their part; but, sir, I have a question to of the signers of the Declaration of American In- / will arise in the Senate. Then, if God shall bless put to the Senator from Massachusetts. I think | dependence. It was a new acknowledgment which me with continued life, and health, and strength, I he desires to be distinctly understood, His manner I was about to ask from the Senate of the United || hope again to do my duty. To that future time has all the appearance of frankness, and I doubt | States to the great fact on which the liberties of 1 adjourn the argument on the bill for the abrogait not; but I think he has been misunderstood. In this country, and all its constitutions rest--that tion of the Missouri compromise. reply to the interrogatory of the Senator from all men are created equal. Sir, the success which There is more of propriety in the discussions of Texas, (Mr. Rusk,) in relation to the rendition of the honorable Senator from Connecticut (Mr. | the fugitive slave law, which have been reopened fugitive slaves, I understood the Senator from TOUCEY] obtained over me, when the floor was during this debate. I have no need, however, to Massachusetts to say, that Massachusetts would Il assigned to him, was ominous. The Senate of I speak on that subject. I have fully debated it

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heretofore, on more occasions than one, in this fall into error and temptation. But my life has consent of the people. I add, further, to meet the place. Every word of what I then said is recorded been spent in breaking the bonds of the slavery of requirements of those who suppose that a propoin the legislative history of the United States. other men. I therefore know too well the danger sition of gradual emancipation to the slaveholding There is not a thought that I would wish to add; of confiding power to irresponsible hands, to make States is either timely now or soon will be so, there is not a word that I am willing to take away. | myself a willing slave. Proscribe a man, sir, be- that while I retain a place in the National CounTime is full surely and quite rapidly enough re- cause he was not born in the same town, or county, cils, any slaveholding State willing to adopt the solving the question whether those were right who or State, or country, in which I was born! Why, humane policy which has been already adopted pronounced the fugitive slave law a just, and sir, I do most earnestly and most affectionately by own State and by other States, shall have my necessary, and constitutional act, full of healing advise all persons hereafter to be born, that they vote for any aid, either in lands or money, from to a wounded country, or whether the humble be born in the United States, and, if they can with. the Federal Government, which the condition of individual who now stands before you was right out inconvenience, to be born in the State of New the public Treasury and of the national domain when he admonished you that that law was un. York, and thus avoid a great deal of trouble for | will allow, in furtherance of an object in which not necessary, unwise, inhuman, and derogatory from themselves and for others. [Laughter.] More only the slaveholding States are interested, but the Constitution, and that it would never be exe- I do most affectionately enjoin upon all such which concerns the whole Union, and even human cuted without new and continued usurpations. | persons as are hereafter to be born, that they be nature itself, The transaction of this night takes place in order born of fathers and of mothers, of grandfathers Mr. President, I have made my way at last, that the words of that prophecy may be fulfilled. and of grandmothers, of pure American blood. through the iniricate mazes of this discussion, to

I am not allowed, sir, to reach the merits of Still more, sir, I do affectionately enjoin upon all the actual discussion before the Senate. The bill this question without alluding to a body of men who shali thus have the wisdom to come into before us is in these words: who sport in the public gaze under a name which existence on this side of the Atlantic, and of such “If a suit be commenced or pending in any State court, I hardly know how to repeat in the presence of pure and untainted ancestry, to be either born in against any oficer of the Cnited States or other person, for 50 grave and reverend an assemblage as this—the the Protestant faith, or to be converted as speedily Sintes, or under color thereof, or for or on account of any Know-Nothings. They are said to have con- as possible to that good and true Protestant

right, authority, claim, or tide, set up by such officer or trived their disguise with so much ingenuity, that Church, within whose pale I myself am accus- other person, under any law of the United States, and the one who is not a novitiate cannot deny a knowl- tomed to worship.

defendant shall, at the first term of such State court after edge of their ceremonies and principles without More than that, sir. Speaking from a full

the passage of this act, or at the first term of such State implying his communion and membership with knowledge and conviction of the serious incon

court after such suit shall be cominenced, file a petition for

the removal of the cause for trial into the next circuit court them. Nevertheless, I must reply to the Senator | veniences which absolute and eternal slavery to be held in the district where ibe suit is pending, or, if from Illinois, (Mr. Douglas,) who charges me, entails upon man and upon races of men, I do there be no circuit court in such district, then to the district among others, with such an affiliation, that I have earnestly, strenuously, and affectionately conjure

court invested with the powers of a circuit court next to be

held in said district, and offer good and sufficient surely for no knowledge of that body of men, other than all people everywhere, who are hereafter to be

his entering in such court, on the first day of its session, what is afforded me by the publications of the born, to be born white. (Laughter.] Thus, being copies of said process against him, and also for his there day. Thus informed, I understand the Know- born in this free and happy country, and being appearing and entering pecial bail in the cause, it special Nothings to be a secret society or order, consist- born white, they will be born free. But, Mr.

bail was originally requisite therein, it shall then be the duty ing of two or three grades, colleagued and mutu- President, this is the length and this is the breadth

of the State couri to accept the surety, and proceed no fur

ther in the cause; and any bail that may have been taken ally sworn to elect individuals of their own order, of my connection with the new and mysterious shall be discharzed, and the said copies being entered as or at least persons maintaining the principles order of patriots. And, if there shall hereafter come aforesaid in such cour of the United States, the cause shall which that order entertains, lo all ofices of trust among us persons who, because from ignorance

there proceed in the same manner as if it had been brought

there by original process; and any attachment of the goods and profit in the United States. Those principles they may not be able to profit by my advice and

or estate of the defendant by the original process shall hold I understand to be, in general, the same which, counsel, shall be born in foreign lands; or, even if the goods or estate so attached o answeribe final judgment, before the organization of the Know-Nothings, | there shall be any who, in despite of my counsel, in the same manner as by the laws of such Srate they would passed under the name of Native Americanism shall persist in being Roman Catholics, or Jews,

have been holden to answer such final judgment, had it i, sir, have no connection with that order. Tam

been rendered by the court in which the suit commenced; or Turks, or Chinese; or if there shall be others and the party removing the cause shall not be allowed to under no responsibility for its doings, and I have who, disregarding my persuasion, shall insist upon plead or give evidence of any other defense than that arising not the least sympathy with its principles or sen- coming into the world with blackened faces and under a law of the United States, as aforesaid." ciments. I belong to one voluntary association twisted hair, all I can say, in regard to them, is, What is proposed here is an innovation-a new of men, which has to do with spiritual affairs. It that I have done my duty, and I shall not add a thing—a thing unknown in the laws of the counis the Christian church-that branch of it, all feather's weight to the disabilities which they try, since the States came into a Federal Union. imperfect though I think it is, which, according will incur by their presumption and perverseness. The new thing is, that a person, civilly proseto my notions, most nearly retains, in their pu- || (Laughter.)

cuted in a State court, and justifying under authorrity, the instructions of the Gospel. That asso- Sir, my honorable friend from Connecticut (Mr. || ily or color of a law of the United States, may ciation is an open one, which performs all its rites GilleTTE) has thought this was a good occasion oust the State of its jurisdiction, and remove the and gives all its instructions with publicity, and to invite us to consider the question of abolishing cause into a court of the United States. The invites every man, in the language of its Divine slavery in the District of Columbia, and has first question which arises is, how does the thing founder, to come in and partake of the privileges | thereby incurred some censure. He certainly had stand now? Ilow has it hitherto stood? What with which he invested it, and of the blessings a warrant in the latitude which the debate had are the powers of the State courts, and what are which he promises., I belong to one temporal already assumed, although the subject was not their duties? What are the rights of parties in society of men, and that is the political party very germane to the question before us. I have the State courts? The Constitution of the United which, according to my notions, embodies most no hesitation to disclose my fanaticism in that States binds together in Federal Union thirty-one fully and most truly, although, I confess, as in direction. Five years ago I proposed, in the Con- | States, which, while they remain equal and qualithe other case, very inadequately, the principles gress of the United States, the emancipation of all fied sovereigntics, at the same time constituie, in of the Declaration of Independence and of the the slaves in the District of Columbia, with the the aggregate, another qualified sovereignty. In Constitution of the United States. This associa- consent of its citizens, to be expressed through the so much as the chief business of Government is to tion also, of which I have last spoken, is an open customary forms of a popular election, and with protect the rights of its citizens or subjects, and one. All its transactions are conducted in the full compensation, to be paid out of the public as the performance of that duly is, under free hroad daylight; and it invites all citizens, and all Treasury, to the individuals who should suffer Governments, assigned to courts of justice, and men who become subjects of the power of this damage in their fortunes by so great an act of na- in so much as the citizen is simultaneously the Government, of whatever clime or race or color tional humanity, and justice. I am ready to go subject of a State Government and of the Federal they may be, to enter into its ranks, to participate with my honorable friend that length now. I shall i Government, the State courts and the United States in its labors, and to coöperate in maintaining be ready to go the same length to-morrow, next courts exercise concurrently or coördinately the good government, and in advancing the cause of year, always. This is enough, I trust, on that power of trying civil actions which are brought human nature. These two associations, the one subject.

against persons acting as officers of the Federal spiritual and the other temporal, are the only I and others here, sir, are denounced as Abo- Government. The public officers of the United voluntary associations to which I now belong, or litionists, in a broader sense, and, therefore, as States are, as we all know, numerous, and of ever have belonged since I became a man; and, traitors. I have no hesitation in confessing the many classes_civil, military, and naval. They. unless I am bereft of reason, they are the only whole truth on that point. I believe that I do not are engaged in exccuting laws relating to the Army, associations of men to which I shall ever suffer know a human being who maintains or supposes the Navy, the customs, the public lands, the post myself to belong. Secret societies, sir! Before I that the Government of the United States has office, the judiciary, and foreign relations. These would place my right hand between the hands of lawful authority or right to abolish slavery in the agents may be called upon to answer by any perother men, in a secret lodge, order, class, or coun- States of this Union. Certainly, in my own opin- son who is aggrieved, either in the proper Federal cil, and bending my knee before them, enter into | ion, that Government has no such power or right. I court, or in a court of the State where the grievance combination with them for any object, personal or But, sir, I am a man, none the less because I am happened. political, good or bad, I would pray to God that a citizen and a Senator of the United States. And, A case which will illustrate the subject now that hand and that knee ght be paralyzed, and alt I have no power to exercise in a slave. occurs to me. Two or three years ago, I successthat I might become an object of the pity and even holding State, I very freely say, that, if I were a fully maintained in the Supreme Court of the Uniof the mockery of my fellow men. 'Swear, sir! member of such a community, I should recom- Led States an action on the case, which had been 1, a man, an American citizen, a Christian, swear mend to and urge upon my fellow.citizens there, brought in a justice's court of the State of New to submit myself to the guidance and direction of with patience which could endure until the neces- York, by a woman, against a postmaster, who other men, surrendering my own judgment to their sary reform could safely be obtained, some meas. had refused to deliver to her a newspaper, on judgments, and my own conscience to their keep- ure of emancipation, immediate or prospective, / which the postage which could be rightfully deing? No, no, sir. I know quite well the falli. with compensation for damages, through the ac- manded was one cent. The postmaster pleaded bility of my own judgment, and my liability to ' tion of the State Legislature, upon the ascertained || before the justice, and before the supreme Court of

New SERIES—No. 16.

330 CONG....20 SESS.

Execution of United States Laws-Debate.

SENATE,

the State, and before the court of appeals of the You tell me, in the next place, that there is habitually blinded by passion as to be disloyal to State, that none but a Federal court could assume danger of insubordination-danger that the State the Union on which all their safety depends ? Sir, jurisdiction in the case. When his plea was finally Governments will nullify the laws of the Federal I almost forget my customary toleration, when I overruled in the court of last resort in the State, Government. This is always the ready plea for see around me men who know how the interests he appealed from that decision to the Supreme Federal usurpations. It is the same ground and affections of their homes cluster and entwine Court of the United States. That Court affirmed which the British Government assumed towards themselves with every fiber of their own hearts, the decision of the State court, and thus defined British subjects in the American Colonies, when and who yet seem to forget that those interests the law to be, that United States officers are amen- it transporied them beyond seas, to be tried for and affections are the offspring of humanity itself, able to civil actions in the State tribunals.

The pretended offenses. I proclaim in your ears and therefore common to all men, and suppose law now remains as it was then expounded, and here, and I proclaim before my countrymen, that that it is treason against the country to protest so it has al vays stood since the establishment of there is no necessity and no shadow of necessity against the oppression of any one of its many and the Constitution itself. It is wise and beneficent,

various masses and races. because it surrounds the citizen with a double tribunal in any State of this Union which ren- I warn you, Senators,

that you are saving this safeguard against extortion, oppression, and every ders a final judgment that can affect the rights Union at a fearful cost This is a republican Gor. form of injustice committed by the authority or in of any public officer of the United States, there ernment—the first and only one thut has ever been the name of the great central executive power. is an appeal to the Supreme Court of the United widely and permanently successful. Every man

The second question is, what is the nature and States reserved to him by the Constitution and in this country, every man in Christendom, who extent of the change which you propose to make laws of the United States; and that high tribunal | knows anything of the philosophy of Government, by the bill which is under consideration? That i can, merely by its mandate, annul that judgment, knows that this Republic has been thus successful question is answered in a word. Whenever the and discharge the party from all its consequences. only by reason of the stability, strength, and greatrights of a citizen are invaded in any State within This, and this alone, was the security which your ness of the individual States. You are saving the the Union, by a person holding a commission, forefathers established to prevent the evils and Union of those States by sapping and underminwhether civil or military, from the President of dangers of insubordination by the State authori- ing the columns on which it rests. You reply to the United States, he shall henceforth have only ties. I proclaim, further, that when the Constitu- all this, that there is a newly developed neceseity a single safeguard, instead of that double panoply tion of The United States was submitted to the for this act of Federal aggrandizement. There is which has hitherto shielded him, and he must people in the several States, to be adopted by them, no such new necessity whatever. The courts of either forego redress or seek it in a tribunal of the ihe chief objection which was urged against it, I the several States have exercised their concurrent United States, in which justice is administered by the objection which was urged with the most jurisdiction over officers and agents of the United judges appointed by the President and the Senate, zeal, the most energy, and the most effect, was, Scales for a period of sixty years, in cases which and irremovable, except on impeachment by the that the liberties of the citizen would be brought involved life, liberty, property, commerce, peace, House of Representatives, and, therefore, respon- | into jeopardy by the extended power of the Fea- and war, subject to supervision by the supreme sible in the least possible degree to that whole eral judiciary. So strenuously was this objection tribunal of the Union; and while individual rights some public opinion which is the guardian of pub. | urged, that the Constitution was not adopted until || have been maintained, the public peace has been lic liberty. Every postmaster and his deputy, It was demonstrated by Hamilton, Jay, and Madi- | everywhere preserved, and the public safety has every marshal and his deputy, every mail-con- son, in the Federalist, that the State jurisdiction, never received a wound. During all that time, tracior, every stage-driver, every tide-waiter, every i which you are now about to strike down, was left there has never been an agent or apologist of the lieutenant, every ensign, and even every midship- to the Staies, and could never be wrested from Federal power so apprehensive for the public safety man, will be independent of State authority, and, them without an act of Congress, which there was ng to propose the measure which is now before us. when prosecuted before a magistrate or court, in no reason to presume would ever be passed. There has never been a time when such a prop

the immediate vicinage where his offense is com- Sir, this is an important transaction. I warn osition would have been received with favor. There - mitted, will defy the party aggrieved, and remove you that it is a transaction too important to be have, indeed, been discontents, but they have been

the action commenced against him into a Federal | suddenly projected, and carried out with unusual local and transient. Such discontents are incident tribunal, whose terms are rarely held, and then and unseemly rapidity. It is a transaction that to free society everywhere, and they are inevitable in remote and practically inaccessible places. will be reviewed freely, boldly, and through long here. It is through the working of such disconOne half of the power residing in the Siates is years to come. You would have done well to lents, that free communities, aciing by constitu. thus to be wrested from them at a single blow, have given us a week, or a day, or at least, one tional means, and within constitutional restraints, and they will henceforth stand shallered monu- hour, to prepare ourselves with arguments to dis- work out the reformation of errora, the correction ments of earlier greatness.

suade you from your purpose and to stay your of abuses, aud the advancement of society. All No such change as this was anticipated by the hands. Suffer me to say, with all deference, that that has happened is a change of the scene of these framers of our Federal and State constitucions. you would have done well if you had allowed discontents, resulting from a change in the geo. They established the Federal Constitution chiefly yourselves time to consider more deliberately the graphical direction which the action of the Federal for the protection of the whole country against necessity for a measure so bold, and the conse. Government takes. Heretofore, the murmurs of foreign dangers. They gave to it a stronger Exo quences which must follow it.

discontent came from the South. Now, the breeze ecutive than they gave to the States, respectively. I repeat, sir, that there is no necessity for this which bears them sets in from the North. When They established the State constitutions chiefly In every case which is intended to be reached the wind blew from a southern quarter, the rights for the protection and defense of personat rights by it, the mandate of the Supreme Court of the of the citizen were not safe without the interposiThey knew that this central Government would United States annuls the judgment of the State tion of the State tribunals. Now, when it comes grow stronger and stronger, and would ultimately court which has mistaken its own powers or en. from an opposite point of the compass, a Senator become an imperial power. It has realized that croached upon the Federal authority; and the from Connecticut' (Mr. TOUCEY) requires Conexpectation, and has become even a continental State itself, with all its dignity and pride, falls gress to prohibit that interposition, and to arm power. Hitherto, the citizen has enjoyed his humbled and abased at the foot of central and im the Federal Government with new and portentous double safeguard. Why shall one half of his perial power. I habitually contemplate everything power. panoply be now torn away from him? What law- connected with the development of the resources Mr. President, all this trouble arises out of the ful and proper object of the Federal Government and with the extension and aggrandizement and | fugitive slave law. The transaction in which we has failed to be obtained by reason of the exercise glory of this my country, with an enthusiasm are engaged is by no means the first act of a new of jurisdiction by State authorities over officers of which I am sure I do not always find burning in drama. You began here in 1793 to extend into the United States ?. None. Why, then, shall the the hearts of all with whom it is my duty to act the free States, by the exercise of the Federal ancient law and custom be changed? Is there in her Councils. But, sir, I shudder when I think | power, the war of races—the war of the master danger that the citizen will be too secure under the that this development, this extension, this aggran- against the slave. The fugitive slave law which double protection of the State courts and of the dizement, and this accumulation of glory, are was then passed became obsolete. Though no Federal courts? That was not the doctrine of the going on firmly, steadily, and crushingly, at the great inconvenience was sustained, the pride of earlier days, and that is not sound doctrine now. expense of these noble, independent States; that the slaveholding power was wounded. In 1850,

I demand, in the third place, a reason for this the majestic dome, while it spreads itself more you passed a new fugitive slave law, and coninnovation. In reply, you urge, first, a precedent. widely and erecis itself higher and higher, is press. nected with it measures designed to extend the Precedents, in every country, are the stair-way of ing into crumbling fragments the pillars which

h tyrants. What is this precedent? It is a law constitute its true and just support.

new regions without inhibiting slavery. You which protects the public Treasury, by withdraw- Sir, we have had, on this occasion, as we always were told at that time, as distinctly as you are ing from the State courts certain actions against have on painful occasions of this kind, pathetic | told to-night, that your new law could not be collectors of the revenue. Who knows now with allusions to the safety of this Federal 'Union. executed, and would become obsolete for the out more examination than you allow time for us And these allusions have been addressed to me, same reasons that the old law had become obsoto make, on what ground, or under what circum- | although I have hitherto been content to be a Jete; that the failure of the old law had resulted, blances, or upon what exigency, that single depart- | silent listener to this debate. What do you think not from its want of stringency, but from its too ure from the ancient system was made? I do not must be the feelings of a man, himself a repre- great stringency. You were told then, as dis. know that I should have been in favor of that sentative of three millions—one eighth of your | tinctly as you are now told, that your new law, departure. Nor can you show that the innovation whole people; a representative of one sixth of all with all its terrors, would fail, because, like the thus made, and which you now plead as a prece. the freemen in the Republic; a representative of old law, and more than the old law, it lacked the dent, was necessary. We are always wiser in our even a larger proportion of the whole wealth of elements 10 command the consent and approval judgments in retrospect than in anticipation. I the country; a'representative of your whole con of the consciences, the sympathies, and the judg.

can now see, when the precedent is pleaded to centrated commerce-when he finds himself sur- ments of a free people. justify a further departure from the ancient sys- rounded by men who think that a community so The new law, however, was adopted, in defitem, abundant reasons to regret that the precedent numerous and so intelligent, and enjoying such ance of our protest that it was an act of Federal was ever established.

wealth, and cherishing such interests, are so far II usurpation, that it virtually suspended the wric

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of habeas corpus, that it unconstitutionally denied tion by its own power; otherwise it is no Govern that is by State enactment. You find accordingly a trial by jury, and that it virtually commanded ment at all. From the earliest history of our sys- that three States of this Union, within the last a judgment of perpetual slavery to be summarily tem, such has been the intention of the Federal year, have passed statutes intended to render nugarendered, upon ex parte evidence, which the party Coneticution. It is perfectly true that we have iory a law of the United States which has been accused was not allowed to refute in the due and divided the powers of Government between the decided to be constitutional by some of the ablest ordinary course of the common law. You adopted States and the National Government, and it is Slale courts of the Union, and also by almost every new and oppressive penalties, in answer to all perfectly true, that, as regards all municipal mat- Judge of the Supreme Court of the United States, these remonstrances; and, under threats and iers, and all matters of internal regulation, they sitting separately in the circuit courts throughout alarms for the safety of the Union, the fugitive are generally left to the State governments and the Union. Some States, I have said, have passed slave bill received the sanction of the Congress the people of the States. It is undeniably true

laws with a view to render that law nugatoryof the United States, and became a law. That that the Federal Government is one of limited laws such as were read by my honorable friend was the second act. When murmurs and loud authority, and of limited jurisdiction; but to the from Louisiana to-day-which, on the face of their complaints arose, and remonstrances came in extent of the powers granted, the enforcement of provisions, are shocking to all principles of justice; from every side, you resorted to an old and much- the laws made in pursuance of those powers, is laws which, among other provisions, contain this 'abused expedient. You brought all the great just as necessary for the existence of this Govern- one: that if a man makes a claim to property political parties in the United States into a coali- ment, as the ability to enforce their own laws is recognized by the Constitution and laws of his tion and league to maintain this law, and every to the existence of the State governments.

country as property, capable of existence, and if, word and letter of it, unimpaired, and to perpet- The honorable Senator from New York has been by any accident, (for no exception is made of the uate it forever. All your other laws, although pleased to denounce this bill as an innovation on death of his witness, or the perjury of the opposthey might be beneficent, and protective of human our system. How does he attempt to establish || ing party's witness, or of any other cause whatrights and of human liberty, could be changed, that? Why, sir, he tells us there has always | ever,) he fails to support his claim, he is to be but this one unconstitutional law, so derogatory existed a right of appeal from the decisions of the imprisoned in the State prison as a convicted felon from the rights of human nature, was singled State court of last resort, where a law of the Uni- because of the unsuccessful attempt to assert his out from among all the rest, and was to be, like Led States is in controversy, and the decision is rights! the laws of the Medes and Persians, a decree against it; and, therefore, he says, it is an innova- When such laws as that are passed, with all the forever.

tion upon that system if we adopt now the same influence of some State Legislatures, to prevent, This was the third act. And where are you | principle-which is, that the decision (no matter and intended to prevent, carrying into execution - now? It is only five years since the fugitive slave whether ultimate or not) on questions involving the laws of the United States, made under the law was passed. You have poured out treasure the constitutionality, regularity, and effect of an Constitution, is it not a sufficient reason why the like water to secure its execution. The public act of Congress, whether within their jurisdiction Congress of the United States, having the constipolice, the revenue service, the Army and the or noi, must be finally disposed of by the Federal tutional power, should interpose, not for the purNavy, have been at your command, and have all tribunals. In what respect is it different? What pose of aggression on the rights of any State, but bien vigorously employed to aid in enforcing it. l innovation on the system is it whether the first simply in order to say that the officer, who is to And still the fugitive slave law is not executed, i decision be in the State or the Federal court, if the carry out their law, and those who aid that officer, and is becoming obsolete. You demand a further ultimate decision be by the United States courts? if sued in a civil action for anything done under and a more stringent law. The Federal Govern- The honorable Senator was met by the diffi- any law of the United States, shall have the elecment must be armed with new powers, subversive culty that the same principle which this bill car- tion of giving security and transferring jurisdicof public liberty, lo enforce the obnoxious statute. ries further and applies to all cases of State legis- tion to the Federal court, or allowing the suit to The bill before us supplies those new powers. lation, was previously adopted in this country in proceed to trial in the State court? That is all we This is the fourth act. It is easy to be seen that reference to our revenue laws. Under the revenue propose. It is nothing more than you have done it cannot be the final one.

laws, the right to transfer the jurisdiction has in regard to the revenue system. It is doing what Sir, I look with sorrow, but with no anxiety, existed for many years without complaint as to the legislation of some Slates has rendered necesupon these things. They will have their end its constitutionality. It has stood upon the statute- sary, because no man can doubt that, in a State before long in complete discomfiture. I abide the book unimpeached as to its constitutionality, un- whose Legislature passes laws so atrocious as time, and wait for the event. I perform my duty, l objected to by any quarter of the Union. The those of which we had a sample to-day, there the only duty which remains for me now, in pro- bill which we now propose to pass, embodies no would not be the slightest chance of justice to an testing against the enactment of this law, and in other principle, is founded on 'no other constitu- | officer of the United States executing a mandate expressing to you my conviction that you are tional power, than that which enabled the Federal of the courts of the United States in carrying out traveling altogether in the wrong direction. If Government to transfer the jurisdiction in revenue the lawe of the United States, unless he could you wish to secure respect to the Federal author. cases from the State to the Federal courts. 'The transfer his trial to the Federal tribunals of that ities, to cultivate harmony between the States, to principle of the two is precisely the same; but the State. At all events, he is entitled to the option. secure universal peace, and to create new bonds answer of the honorable Senator to this argument What is the reason and the whole theory of of perpetual union, there is only one way before was this: he asked, how do we know, how can we our Government on this suliject? Sir, the basis you. Instead of adding new penalties, employing tell, on what ground that departure, as he calls it, on which the Federal judiciary is constituted was, new agencies, and inspiring new terrors, you must from our system was made in regard to the revenue and the very ground of its jurisdiction is, that go back to the point where your mistaken nolicy || laws? It matters not, Mr. President, what were local excitements in the States, or local jealousies began, and conform your Federal laws to Magna the particular evils to be corrected which induced in the States, may prejudice the rights of citizens Charta, to the Constitution, and to the Rights the Congress of the United States to pass that law of other States, or persons acting under the authorOF MAN.

in reference to the revenue system; ihat does not || ity of the Union, and on that very ground you Mr. BAYARD. Notwithstanding the lateness touch the argument in this case. It is enough give the option of tribunal. Why may it not just of the hour, and the natural impatience of the to know that Congress have the constitutional as well be said that you are prostrating the Stato Senate, at this time, to have the question disposed power, and that they have exercised it unobjected | judiciaries by the provision of the Constitution of, I cannot permit the views submitted by the io by any man in this broad Union. If the ques- and laws of the United States, that, if a citizen of honorable Senator from New York (Mr. SEWARD] tion of constitutional authority is settled, how can the State of Massachusetts chooses to sue for his to pass unnoticed, though I am disinclined to pro- objections be made to the provisions of the pres- rights of property in Georgia or South Carolina, long this debate. It is not my intention to make eni bill if we give reasons showing that it is ex. he shall have the option of going into the Federal any comment on that part of the remarks of the pedient and proper now to extend that principle tribunals; and that, if he is sued in either of those honorable Senator which seemed to me to indicate of the revenue laws to other cases of all denom- || States, he shall have the means of transferring the that the celebrated Frenchman was not altogether inations ?

jurisdiction from the State to the Federal courts? void of truth when he said that language was

What is this bill? It arises from a system of What is the basis of thal? Experience under the given to us for the purpose of concealing our legislation which has grown up under the influ- old Confederation had indicated that there might thoughts. If I were to take the professions of the ence of a spirit of fanaticism, a spirit which is be such a state of excitement, arising from local Senator from New York as to his regard for the striking at the foundations of this Union. Within or temporary causes, as to prevent the probabili. preservation of the Federal Union, and contrast the last eight or ten years what has been the prog- ties of justice, which might bias the State tribu. them with the tendencies of the measures, and of ress of things? The act of Congress called the inals, and that, under those circumstances, the the system, which he, and those with whom he fugitive slave law was modified, was made practi- | Federal tribunal would be the most proper one to acts, have supported, I could scarcely believe that cally enforcible, no more. None of its essential determine the question. For this reason, the he had that regard, no matter what might be the principles were altered from the lime of its first | framers of the Constitution provided not that it interests of his constituents, for the maintenance enactment to the passage of the amended law of should be mandatory, but that the option should of the Union, that his language would seem to in- | 1850. When thai law was passed, the first steps be given in such a case with a view to secure the dicate, Sure am I that such be his regard for of the honorable Senator's coadjutors, and those rights of the citizens of the different States under the Union, he is woefully mistaken as to the effect who think with them, were open resistance to the the Federal Constitution; the option was given of of his actions and his doctrines in reaching the law. They went even so far as to murder an offi- || being tried either before the Federal or Siate tri. result at which he appears to hope to arrive. cer of the United States in the performance of his bunals. Was this ever considered an indignity

Mr. President, I do not intend to go into any | duty. But, sir, prudence taught them that this or reflection upon the State tribunals? And yet question foreign to the subject immediately before species of resistance to the laws of the United that is based upon the same principle precisely as us, bat I desire to confine the few remark's I States, under any plea of philanthropy, or what- | the bill which we now seek to pass. That prin. pose to make, strictly to the questions connected ever they cloaked it under, would never be banc- || ciple is, that circumstances might occur, that there with this bill.

tioned by the sentiment of the people of the country. might be excitement, there might be a perverled I hold it to be certain that any Government, in | Finding that to be so, they have since resorted io state of sentiment in reference to the rights of citorder to be entitled to be called a Government, another mode of nullifying and rendering nugatory izens of another State, which would prevent jus. should be able to carry its own laws into execu- the constitutional laws of the United States, and I tice being administered in the Slate tribunals; and,

pro

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me.

therefore, throughout the whole country, from the Connecticut, (Mr. Toucey.) Not from slave soil, I challenge honorable Senators to produce it. I earliest origin of the Government, there have been but from free soil, comes this effort. A Senator fearlessly assert that it cannot be done. The obliFederal tribunals provided, to which citizens of | from the North-a Senator from New England- gations imposed by the " fugitive" clause, whatthe States might remove their causes from the lends himself to the work, and with unnatural zeal ever they may be, rest upon the States, and not State tribunals. The same reason applies here; it helps to bind still stronger the letters of the slave. upon Congress. The associate clawse touching is unanswerable. We have shown a state of facts Mr. RUSK. Will the honorable Senator allow the" privileges of citizens' has never been made à justifying this. There is a party who first at- me to interrupt him?

source of power. It will be in the recolletion of iempted an organized opposition to this Govern- Mr. SUMNER. Certainly.

the Senate that, during the last session, the Senament. I will not speak of their motives; but cer- Mr. RUSK. I ask him to point out the words tor from Louisiana, (Mr. BENJAMIN,) in answer tainiy, if their objecis be effected, this Union must in this bill where slavery is mentioned.

to a question from me, openly admitted that there certainly be at an end. An organized party has Mr. SUMNER, I am glad the Senator from were laws of the southern States, bearing hard grown up, formidable I admit—and I admit it with || Texas has asked the question, for it brings atten- upon colored citizens of the North, which were Borrow and regret—which first attempted to put tion at once to the true character of this bill. I unconstitutional; but when I pressed the honoraat defiance a law by mobs and by murder. They | know its language well, and also its plausible title. ble Senator with the question whether he would found that there was yet remaining too much On its face it purports to be "a bill to protect offi- introduce or sustain a bill to carry out the clause attachment to the Union, and they had so much cers and other persons acting under the authority of the Constitution securing to these citizens their reflective power remaining themselves as to see of the United States;” and it proceeds to provide rights, he declined to answer. that four or five instances of that kind would for the transfer of certain proceedings from the

Mr. BENJAMIN. I think, Mr. President, I necessarily make their fellows stop and inquire State courts to the circuit courts of the United have a right to set the record straight upon that into the motives of the action of men who used States. And yet, sir, by the admission of this il point. I rose in the Senate on the occasion resuch a mode of proceeding to sustain their opin- whole debate, stretching from noon to midnight, ferred to, as will be perfectly well recollected by ions. Then they have had resort to State legisla- || it is a bill to bolster up the fugitive slave act. every Senator present, and put a respectful questive action for the purpose of attaining the same Mr. RUSK. I have not listened to the debate, tion to the Senator from Massachusetts. Instead object which they first sought to attain by open but I ask the Senator to point out in the bill the of a reply to my question, he put a question to resistance to the laws.

place where slavery is mentioned. If the Consti- me, which I answered, and then I put my question. It is to meet that contingency that the present tution and laws appoint officers and require them

Instead of replying to that, he again put a ques. bill has become imperative, and is within the to discharge duties, will he abandon them to the tion to me. Considering that as an absolute evaterms of the Constitution, fully and to its broadest | mob?

sion of the question which I put to him, I declined extent, as much as the same provision in our Mr. SUMNER. The Senator asks me to having anything further to say in the discussion. revenue laws. If the same legislation which was point out any place in this bill where "slavery” I was not here submitting to an interrogatory from conferred under the revenue laws was constitu- is mentioned. "Why, sir, this is quite unneces. the gentleman. I put to him a respectful question. tional, as applied to them, the shadow of a dis- sary. I might ask the Senator to point out any He preferred to put one to me insiead of answer. tinction cannot be made between the constitu- | place in the Constitution of the United States ing mine. 1 yielded and answered; and when I tional powers as exercised there, and as intended where “slavery' is mentioned, or where the word again repeated mine, he continued interrogating to be exercised here. It is no answer whatever "slave" can be found, and he could not do it.

It was obvious to every Senator present that to allege that you do not know the motives under Mr. RUSK. That is evading the question. I he evaded an answer to my question, and I therewhich that law was passed; they may have been asked the Senator to point out in the bill the clause fore let the matter drop. totally different; but if the power existed to pass where slavery is mentioned. The bill proposes to Mr. SUMNER. The Senator from Louisiana it, then it is no innovation upon the Federal Con- protect officers of the United States, whom you will pardon me if I suggest that there is an inconstitution when the same principle, under a differ- appoint, in discharging their duties. If they are trovertible fact which shows that the evasion was ent state of circumstances, calls for the enactment to be left unprotected,

repeal your law.

on his part. The record testifies not only that he of the present bill.

Mr. SUMNER. I respond to the Senator, did not reply, but that I was cut off from replying Mr. SUMNER. Mr. President, on a former with all my heart, “repeal your law." Yes, sir, by the efforts and votes of himself and friends. occasion, as slavery was about lo clutch one of its | repeal the Fugitive Act which now requires the Let him consult the Congressional Globe and he triumphs, I rose to make my final opposition to it support of supplementary legislation. Remove this will find it all there. I can conceive that it might at midnight. It is now the same hour. Slavery || ground of offense. And before I sit down, I hope I have been embarrassing to him to reply, for had is again pressing for its accustomed victory, which to make that very motion. Meanwhile, I evade he declined to sustain a bill to carry out the clause I again undertake for the moment to arrest. It no question propounded by the honorable Senator; | in question, it would have been awkward, at least, is hardly an accidental conjunction which thus but I do noi consider it necessary to show that

to vindicate the Fugitive Slave Act. And yet constantly bringe slavery and midnight together. 1 slavery” is mentioned in the bill. It may not there are Senators on this floor who, careless of

Since eleven o'clock this forenoon we have been be found there in name; but slavery is the very the flagrant inconsistency, vindicate the exercise of in our seats, detained by the dominant majority, soul of the bill.

power by Congress under the “fugiuve " clause, which, in subservience to slavery, has refused to Mr. RUSK rose.

while their own States at home deny to Congress postpone this question or to adjourn. All other Mr. SUMNER. The Senator has interrupted any power under the associate clause, assume to things are neglected. The various public inter- me several times; he may do it more; but, per themselves a complete right to determine the ests which, at this late stage of the session, all haps, he had better let me go on.

extent of its obligations, and ruthlessly sell into press for attention, are put aside. According to Mr. RUSK. I understand the Senator; but I slavery colored citizens of the North. the usages of the Senate, Friday is dedicated to the make no boast of that sort.

Mr. BUTLER. Does the Senator allude to my consideration of private claims. I have been ac- Mr. SUMNER. Very well. At last I may State? customed to call it our day of justice, and I have be allowed to proceed. Of the bill in question, I Mr. RUSK. No; to mine. been glad that, since these matters are referred to have little to say. Its technical character has Mr. BUTLER.If he means South Carolina us, at least one day in the week has been thus sat been exposed by various Senators, and especially || I will reply to him. This is about the fourth time, apart. But slavery grasps this whole day, and by my valued friend, the Senator from Ohio, (Mr. I think, that the Senator, and his predecessor (Mr. changes it to a day of injustice. By the Calen. Chase,) who opened this debate. Suffice it to Winthrop) before him, have alluded to the laws of dar, which I now hold in my hand, it appears say, that it is an intrusive and offensive encroach- | South Carolina If that be his allusion, I intend that, at this moment, upwards of seventy-five pri- ment on State rights, calculated to subvert the to give some facts in relation to the subject of vate bills, with which are associated the hopes and power of the States in the protection of the liberties which I have put myself in possession since Mr. fears of widows and orphans, and of all who come of their citizens. This consideration alone would Winthrop formerly brought it here for discussion. to Congress for relief, are on your table neglected, | be ample to secure its rejection, if the attachment | If the Senator intends to allude to South Carolina aye, sir, sacrificed to the bill which is now urged to State rights, so often avowed by Senators, let him say so. with so much pertinacity. Like Juggernaut, the were not utterly lost in a stronger attachment to Mr. SUMNER. I do allude to South Carolina, bill is driven over prostrate victims. And here is Slavery. But on these things, although well worthy and also to other southern States; but especially another sacrifice to slavery.

of attention, I do not dwell. Objectionable as the to South Carolina. But I do not adequately expose the character of bill may be on this ground, it becomes much more Mr. RUSK. Does the Senator allude to Texas? this bill when I say it is a sacrifice to slavery. It so when I regard it as an effort to bolster up the Mr. SUMNER. The Senator had better allow is a sacrifice to slavery in its most odious form. Fugitive Slave Act.

me to go on. When I have finished, he can make Bad as slavery may be, it is not so bad as hunt- of this act it is difficult to speak with modera- any explanation he thinks necessary. ing slaves. There is a seeming apology for slavery tion. Conceived in defiance of the Constitution, Mr. RUSK. I will not take the trouble; I do at home, in the States where it prevails, founded and of every sentiment of justice and humanity, it not think the game is worth the candle. on the difficulties in the position of the master and should be regarded as an outlaw. It may have Mr. SUMNER. Very well. The Senator can the relations of personal attachment which it some- the form of legislation, but it lacks every essential || đo as he pleases. But let me say, that if I allude times excites; but every apology fails when you element of law. I have so often exposed its char- to these States, it is not to bring up and array the seek again to enslave the fugitive whom the master acter on this floor, that I shall be brief now. hardships of individual instances, but simply to could not detain by duress or by kindness; and There is an argument against it which has espe- show the position occupied by them on a consti wiło, by courage and intelligence, under the guid- || cial importance at this moment, when the Fugitive tutional question identical with that involved in ance of the north star, has achieved a happy free. Act is made the occasion of a new assault on State the Fugitive Act. And now, at the risk of repea dom. Sir, there is a wide difference between a rights. This very act is an assumption by Con: |tition, if I can have your attention for a brief mini slaveholder and a slave-hunter.

gress of power not delegated to it under the Con- ment, without interruption, I will endeavor to state But the bill before you is to aid in the chase of || stitution, and an infraction of rights secured to the anew this argument. slaves. This is its object. This is its "being's

end, | States. Show me, sir, if you can, the clause, sen- The rules of interpretation, applicable to the and aim." And this bill, with this object, is pressed tence or word in the Constitution which gives to clause of the Constitution, securing to the citia upon the Senate by the honorable Senator from Il Congress any power to legislate on this subject: il zens of each State all privileges and immunities of

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