Charles Sumner

But its importance justifies more extended examination, in twofold light: first, in the history of the Convention, revealing the unmistakable intention of its members; and, secondly, in the true principles of our Political System, by which…

The conclusion must be, that no power is delegated to Congress over the surrender of fugitives from service.

Nor can any such power be derived from any special grant in any other part of the Constitution; for none such exists.

As the provision in question does not appear in the catalogue of powers, and does not purport to vest any power in the Government of the United States, or in any department or officer thereof, no power to legislate on this subject can be…

And here the single question arises, Whether the Constitution, by grant, general or special, confers upon Congress any power to legislate on the subject of fugitives from service.

Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others.

The Congress, the Executive, and the Court must each for itself be guided by its own opinion of the Constitution.

If the opinion of the Supreme Court cover the whole ground of this Act, it ought not to control the coördinate authorities of this Government.

But whatever may be the influence of this judgment as a rule to the judiciary, it cannot arrest our duty as legislators.

One prevailing opinion, which has created great prejudice against this judgment, is, that it denies the right of a person claimed as a fugitive from service or labor to a trial by jury.

But the Act itself contains a capital error on this very subject, so declared by the Supreme Court, in pretending to vest a portion of the judicial power of the Nation in State officers.

If he dooms a man to Slavery, the reward is ten dollars; but saving him to Freedom, his dole is five.

Contrary to the declared purposes of the framers of the Constitution, it sends the fugitive back "at the public expense.

It denies the writ of Habeas Corpus, ever known as the Palladium of the citizen.

It authorizes judgment on ex parte evidence, by affidavit, without the sanction of cross-examination.

It commits this great question--than which none is more sacred in the law--not to a solemn trial, but to summary proceedings.

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.

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…

I may seem to stand alone; but all the patriots and martyrs of history, all the Fathers of the Republic, are with me.

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.

It is also certain, that, in Vermont, at the beginning of the century, a Judge of the Supreme Court of the State, on application for the surrender of an alleged slave, accompanied by documentary evidence, gloriously refused compliance…

At last, on the 28th August, as the Convention was drawing to a close, on the consideration of the article providing for the privileges of citizens in different States, we meet the first reference to this matter, in words worthy of note.

And yet in all these resolutions, plans, and drafts, seven in number, proceeding from eminent members and from able committees, no allusion is made to fugitive slaves.

But this draft, though from the flaming guardian of the slave interest, contained no allusion to fugitive slaves.

At a subsequent day Congress branded the slave-trade as piracy, and thus, by solemn legislative act, adjudged this compromise to be felonious and wicked.