Public Opinion, which, under a popular government, makes and unmakes laws, and which for a time was passive and acquiescent, now lifts itself everywhere in the States where the Act is sought to be enforced, and demands a change.
Charles Sumner
The Public Record
Charles Sumner was an American lawyer and statesman who represented Massachusetts in the United States Senate from 1851 until his death in 1874. Before and during the American Civil War, he was a leading American advocate for the abolition of slavery, and after the war he was a key figure in the Reconstruction era, during which he and other Radical Republicans successfully fought to end slavery and ensure basic rights for Black Americans. He continued advocating for racial equality until his death, lobbying in his final days for a civil rights bill that served as a model for the Civil Rights Act of 1964. Historians credit Sumner with coining the phrase "equality before the law," which he first used as part of an early attempt to integrate Boston's public school system.
Suffice it to say, that the proposition to repeal the existing Fugitive Act stands on fundamental principles which no debate or opposition can shake.
And now, Sir, as an effort in the true direction of the Constitution, in the hope of beginning the divorce of the National Government from Slavery, and to remove all occasion for the proposed measure under consideration, I shall close…
And, permit me to say, Sir, you brought Slavery into Congress, when you called upon us, as you have done even at this very session, to pay for slaves, and thus, in defiance of a cardinal principle of the Constitution, pressed the National…
You brought Slavery into Congress, when, at the same period, you accepted the cession of territories from North Carolina and Georgia, now constituting States of the Union, with conditions in favor of Slavery, and thus began to sanction…
Hug the viper to your bosoms, if you perversely will, within your own States, until it stings you to a generous remorse, but do not compel us to hug it too; for this, I assure you, we can never do.
And I say, for the North, that all we ask is to be let alone.
Let the North be relieved from this usurpation, and the first step will be taken towards permanent harmony.
President, since things are so, it were well to remove this Act from our statute-book, that it may no longer exist as an occasion of ill-will and a point of conflict.
For myself, let me say that I look with no pleasure on any possibility of conflict between the two jurisdictions of State and Nation; but I trust, that, if the interests of Freedom so require, the States will not hesitate.
In visiting with severe penalties every malicious effort to reduce a fellow-man to slavery, they respond to the best feelings of the human heart.
In securing the aid of counsel to every person claimed as slave, they but perform a kindly duty, which no phrase or word in the Constitution can be tortured to condemn.
In securing to every person claimed as slave the protection of trial by jury and the Habeas Corpus, they simply provide safeguards strictly within the province of every State, and rendered necessary by the usurpation of the Fugitive Act.
It would be easy to show, by critical inquiry, that this whole charge is without just foundation, and that all the legislation so much condemned is as clearly defensible under the Constitution as it is meritorious in purpose.
And yet, Sir, in zeal for this enormity, Senators announce their purpose to break down the recent legislation of States, calculated to shield the liberty of the citizen.
Anything so entirely vile, so absolutely atrocious, would drag an angel down.
I assert confidently, Sir, and ask the Senate to note my assertion, that there is no court, howsoever endowed with judicial qualities or surrounded by public confidence, which is strong enough to lift this Act into permanent consideration…
Nor learning, nor virtue, when, with mistaken force, bent to this purpose, can avail.
I respect the learning of judges; I reverence the virtue, more than learning, by which their lives are often adorned.
I have also left untouched the hateful character of this enactment, as a barefaced subversion of every principle of humanity and justice.
Here is a distinct assumption of right to determine the persons to whom certain words of the Constitution are applicable.
The record testifies not only that he did not reply, but that I was cut off from replying by efforts and votes of himself and his friends.
Show me, Sir, if you can, the clause, sentence, or word in the Constitution which gives to Congress any power to legislate on this subject.
You will mark, if you please, the double aspect of this proposition, in asserting not only an assumption of power by Congress, but an infraction of State Rights.
This very Act is an assumption by Congress of power not delegated to it under the Constitution, and an infraction of rights secured to the States.





