Charles Sumner to William Jay, June 1, 1850

I am glad of your new appeal. Like everything from you, it is careful, logical, clear, and with a practical bearing on the times. I am inclined to believe with you that under the Constitution the duty of surrendering fugitive slaves is imposed upon the States; but there is great difficulty in assuming this point in the face of a solemn decision of the Supreme Court. If that decision were out of the way, I think it could be easily vindicated the States. Mr. Chase in his masterly speech has touched this point strongly.

You have doubtless read Webster's recent wicked letter.¹ There is a diabolism in it beyond even that of his speech. He seeks to assimilate the cases of fugitives from justice and fugitive slaves under the Constitution; and because the former cannot claim the trial by jury where they are seized, “argal” slaves cannot ! But the Constitution, by its peculiar language, settles this point. Look at the express words of the two clauses. Here ex vi termini the question whether service or labor be due must be determined, as a condition precedent, before the person can be delivered up. Of course, this must be determined in the State where he is found, and not in that to which he may be transported.

The feeling against Webster among many of his old Whig partisans continues to hold out. At present it seems as if there must be another split in the Whig party here. The systematic efforts now making to suppress all discussion of this great question, the increasing malevolence towards the friends of freedom, and the treachery and apostasy of men, small as well as great, are in themselves most disheartening. Still, I know the cause is right, and as sure as God is God must prevail.

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¹ To Citizens of Newburyport, May 15, 1850.

SOURCE: Edward L. Pierce, Memoir and Letters of Charles Sumner, Vol. 3, p. 216