Slavery -- United States; United States -- Politics and government -- 1849-1853
Another remarkable feature of Mr. Butler’s bill is, that it provides no
penalty whatever for any one who shall abuse, or fraudulently use, the
dangerous authority which it gives. It furnishes endless temptations
and facilities for committing wrong; it imposes no restraints; it warns
by no threats of retribution.
Mr. Webster calls me to account for some unspecified erroneous
“opinion,” expressed in relation to this bill. Can any opinion be so
false to the constitution, as this bill to humanity? I deprecate error
of all sorts; but hold it to be more venial to err in judgment than in
heart.
I said that in promising to support Mr. Butler’s bill, “with all its
provisions, to the fullest extent,” Mr. Webster “abandoned” the right
to a trial by jury. I spoke of him as a senator, as one who, with his
co-legislators, was bound, in fulfilment of his constitutional duty,
to secure this form of trial to the alleged slave, or to a known
freeman seized as a slave. Mr. Seward’s bill, providing for the trial
by jury, in such cases, was before him. He took no notice of it. He
passed by “on the other side,” while he bestowed his best encomium
on Mr. Butler’s bill, by promising to support it. Was not this an
“abandonment,” under any of the synonyms given in the dictionary?
Mr. Webster advises me, in a certain contingency, “to appeal to that
higher authority which sits enthroned above the constitution and
above the law.” I take no exception to this counsel, because of its
officiousness, but would thank him for it. My ideas of duty require me
to seek anxiously for the true interpretation of the constitution, and
then to abide by it, unswayed by hopes or fears. If the constitution
requires me to do any thing which my sense of duty forbids, I shall
save my conscience by resigning my office. I am free, however, to say,
that if, in the discharge of my political duties, I should transfer my
allegiance to any other power, I should adopt Mr. Webster’s ironical
advice, and go to the power “which sits enthroned above,” rather
than descend to that opposite realm, whence the bill he so cordially
promised to support must have emerged.
I wish, however, to remark, that though I acknowledge the constitution
to be my guide while under oath to support it, yet I do not relish this
fling either at the powers above us, or at those who reverence them. I
hold it to be not only proper, but proof of sound moral and religious
feeling, to look to the perfect law of God for light to enable us more
justly to interpret the imperfect laws of man. Especially, when we are
proposing to make or amend a law, ought we to take our gauge of purpose
and of action from the highest standard.
Noy, that Solomon of the law, thought it not improper to say, “The
inferior law must give place to the superior; man’s laws to God’s
laws.”--_Maxims_, pp. 6, 7.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account