American Eloquence, Volume 2: Studies In American Political History (1896)
History
American Eloquence, Volume 2: Studies In American Political History (1896)
Speeches, addresses, etc., American; United States -- History; United States -- Politics and government
At last, in 1850, we have another Act, passed by both Houses of
Congress, and approved by the President, familiarly known as the
Fugitive Slave Bill. As I read this statute, I am filled with painful
emotions. The masterly subtlety with which it is drawn might challenge
admiration, if exerted for a benevolent purpose; but in an age of
sensibility and refinement, a machine of torture, however skilful
and apt, cannot be regarded without horror. Sir, in the name of the
Constitution, which it violates, of my country, which it dishonors,
of Humanity, which it degrades, of Christianity, which it offends, I
arraign this enactment, and now hold it up to the judgment of the Senate
and the world. Again, I shrink from no responsibility. I may seem
to stand alone; but all the patriots and martyrs of history, all the
Fathers of the Republic, are with me. Sir, there is no attribute of God
which does not take part against this Act.
But I am to regard it now chiefly as an infringement of the
Constitution. Here its outrages, flagrant as manifold, assume the
deepest dye and broadest character only when we consider that by its
language it is not restricted to any special race or class, to the
African or to the person with African blood, but that any inhabitant
of the United States, of whatever complexion or condition, may be its
victim. Without discrimination of color even, and in violation of every
presumption of freedom, the Act surrenders all who may be claimed as
"owing service or labor" to the same tyrannical proceeding. If there be
any whose sympathies are not moved for the slave, who do not cherish the
rights of the humble African, struggling for divine Freedom, as warmly
as the rights of the white man, let him consider well that the rights of
all are equally assailed. "Nephew," said Algernon Sidney in prison, on
the night before his execution, "I value not my own life a chip; but
what concerns me is, that the law which takes away my life may hang
every one of you, whenever it is thought convenient."
Whilst thus comprehensive in its provisions, and applicable to all,
there is no safeguard of Human Freedom which the monster Act does not
set at nought.
It commits this great question--than which none is more sacred in the
law--not to a solemn trial, but to summary proceedings.
It commits this great question, not to one of the high tribunals of the
land, but to the unaided judgment of a single petty magistrate.
It commits this great question to a magistrate appointed, not by the
President with the consent of the Senate, but by the Court,--holding
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.
It authorizes judgment on _ex parte_ evidence, by affidavit, without the
sanction of cross-examination.
It denies the writ of _Habeas Corpus_, ever known as the palladium of
the citizen.
Public-domain text, read in full here on John Shaqi.
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