Charles Sumner: his complete works, volume 11 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 11 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
April 19th, Mr. Sumner moved that the Senate proceed with the
bill, and this motion was agreed to,--Yeas 26, Nays 10. The
Senate, as in Committee of the Whole, considered the bill,
and it was reported to the Senate without amendment, ordered
to be engrossed for a third reading, and was read the third
time, without a division, and without a word of debate. It only
remained to put the question on its final passage, when Mr.
Foster, of Connecticut, remarked that he was “not prepared to
see this bill passed just now”; he had “supposed the Senator
from Massachusetts was to address the Senate upon it.” Mr.
Sumner had “not the least desire to address the Senate”; he did
“not wish to say a word upon it.” Mr. Foster “did not apprehend
that the bill was to be put on its passage at the present time,
and expected to say something upon it.” Mr. Pomeroy, of Kansas,
remarked, “We may as well pass the bill now.” The Chair put
the question, and the yeas and nays were ordered, when Mr.
Hendricks spoke against the bill. He said: “It may be that our
fathers erred in the agreement among themselves that a fugitive
slave should be returned; it may be that it was a mistake on
their part; but while their agreement stands, and while my oath
is upon my conscience to respect that agreement, I cannot vote
for a bill like this.” The debate was opened.
Mr. Sherman, of Ohio, had “some doubt about the expediency
of now repealing the law of 1793.” Mr. Sumner said that the
Committee “felt that we had better make a clean thing, purify
the country, and lift it before foreign nations, which could
be only by washing our hands of Slavery.” Mr. Sherman was “not
guided exactly by the motives of the honorable Senator from
Massachusetts”; he would “give to the people of the Southern
States, the few that are left who have the right to enforce
the Constitution against us, their constitutional rights fully
and fairly.” According to him, “the law of 1793 was framed by
the men who framed the Constitution,” and “has been declared
to be valid and constitutional by every tribunal that has
acted upon it.” Mr. Sumner replied, that “it was declared to
be unconstitutional in certain particulars by the Supreme
Court of the United States in the Prigg case, and it is among
the records in the life of Judge Story, who gave the opinion
in that case, that the fatal objection of a failure to give
a trial by jury in a case of human freedom was never argued
before the Court, and that he personally considered it an
open question.” Mr. Sherman preferred “not to repeal the law
of 1793, about the constitutionality of which he had little
doubt.” Mr. Sumner replied, “Then the Senator has little doubt
that under the Constitution a human being may be given over
to Slavery without a trial by jury.” Mr. Sherman “would not
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