Showing posts with label Joseph Story. Show all posts
Showing posts with label Joseph Story. Show all posts

Saturday, October 21, 2023

Charles Sumner: Our Immediate Antislavery Duties, November 6, 1850

OUR IMMEDIATE ANTISLAVERY DUTIES.

SPEECH AT A FREE-SOIL MEETING AT FANEUIL HALL,

NOVEMBER 6, 1850.

MR. CHAIRMAN, AND YOU, MY FELLOW-CITIZENS:

Cold and insensible must I be, not to be touched by this welcome. I thank you for the cause, whose representative only I am. It is the cause which I would keep ever foremost, and commend always to your support.

In a few days there will be an important political election, affecting many local interests. Not by these have I been drawn here to-night, but because I would bear my testimony anew to that Freedom which is above all these. And here, at the outset, let me say, that it is because I place Freedom above all else that I cordially concur in the different unions or combinations throughout the Commonwealth, ——— in Mr. Mann's District, of Free-Soilers with Whigs, ——— also in Mr. Fowler's District, of Free-Soilers with Whigs— and generally, in Senatorial Districts, of Free-Soilers with Democrats.

By the first of these two good men may be secured in Congress, while by the latter the friends of Freedom may obtain a controlling influence in the Legislature of Massachusetts during the coming session, and thus advance our cause. [Applause.] They may arbitrate between both the old parties, making Freedom their perpetual object, and in this way contribute more powerfully than they otherwise could to the cause which has drawn us together. [Cheers.]

Leaving these things, so obvious to all, I come at once to consider urgent duties at this anxious moment. To comprehend these we must glance at what Congress has done during its recent session, so long drawn out. This I shall endeavor to do rapidly. "Watchman, what of the night?" And well may the cry be raised, “What of the night?" For things have been done, and measures passed into laws, which, to my mind, fill the day itself with blackness. ["Hear! hear!"]

And yet there are streaks of light—an unwonted dawn in the distant West, out of which a full-orbed sun is beginning to ascend, rejoicing like a strong man to run a race. By Act of Congress California has been admitted into the Union with a Constitution forbidding Slavery. For a measure like this, required not only by simplest justice, but by uniform practice, and by constitutional principles of slaveholders themselves, we may be ashamed to confess gratitude; and yet I cannot but rejoice in this great good. A hateful institution, thus far without check, travelling westward with the power of the Republic, is bidden to stop, while a new and rising State is guarded from its contamination. [Applause.] Freedom, in whose hands is the divining-rod of magical power, pointing the way not only to wealth untold, but to every possession of virtue and intelligence, whose presence is better far than any mine of gold, has been recognized in an extensive region on the distant Pacific, between the very parallels of latitude so long claimed by Slavery as a peculiar home. [Loud plaudits.]

Here is a victory, moral and political: moral, inasmuch as Freedom secures a new foothold where to exert her far-reaching influence; political, inasmuch as by the admission of California, the Free States obtain a majority of votes in the Senate, thus overturning that balance of power between Freedom and Slavery, so preposterously claimed by the Slave States, in forgetfulness of the true spirit of the Constitution, and in mockery of Human Rights. [Cheers.] May free California, and her Senators in Congress, amidst the trials before us, never fail in loyalty to Freedom! God forbid that the daughter should turn with ingratitude or neglect from the mother that bore her! [Enthusiasm.]

Besides this Act, there are two others of this long session to be regarded with satisfaction, and I mention them at once, before considering the reverse of the picture. The slave-trade is abolished in the District of Columbia. This measure, though small in the sight of Justice, is important. It banishes from the National Capital an odious traffic. But this is its least office. Practically it affixes to the whole traffic, wherever it exists, not merely in Washington, within the immediate sphere of the legislative act, but everywhere throughout the Slave States, whether at Richmond, or Charleston, or New Orleans, the brand of Congressional reprobation. The people of the United States, by the voice of Congress, solemnly declare the domestic traffic in slaves offensive in their sight. The Nation judges this traffic. The Nation says to it, "Get thee behind me, Satan!" [Excitement and applause.] It is true that Congress has not, as in the case of the foreign slave-trade, stamped it as piracy, and awarded to its perpetrators the doom of pirates; but it condemns the trade, and gives to general scorn those who partake of it. To this extent the National Government speaks for Freedom. And in doing this, it asserts, under the Constitution, legislative jurisdiction over the subject of Slavery in the District, thus preparing the way for that complete act of Abolition which is necessary to purge the National Capital of its still remaining curse and shame.

The other measure which I hail with thankfulness is the Abolition of Flogging in the Navy. ["Hear! hear!"] Beyond the direct reform thus accomplished — after much effort, finally crowned with encouraging success is the indirect influence of this law, especially in rebuking the lash, wheresoever and by whomsoever employed.

Two props and stays of Slavery are weakened and undermined by Congressional legislation. Without the slave-trade and without the lash, Slavery must fall to earth. By these the whole monstrosity is upheld. If I seem to exaggerate the consequence of these measures of Abolition, you will pardon it to a sincere conviction of their powerful, though subtile and indirect influence, quickened by a desire to find something good in a Congress which has furnished occasion for so much disappointment. Other measures there are which must be regarded not only with regret, but with indignation and disgust. [Sensation.]

Two broad territories, New Mexico and Utah, under the exclusive jurisdiction of Congress, have been organized without any prohibition of Slavery. In laying the foundation of their governments, destined hereafter to control the happiness of innumerable multitudes, Congress has omitted the Great Ordinance of Freedom, first moved by Jefferson, and consecrated by the experience of the Northwestern Territory: thus rejecting those principles of Human Liberty which are enunciated in our Declaration of Independence, which are essential to every Bill of Rights, and without which a Republic is a name and nothing more.

Still further, a vast territory, supposed to be upwards of seventy thousand square miles in extent, larger than all New England, has been taken from New Mexico, and, with ten million dollars besides, given to slaveholding Texas: thus, under the plea of settling the western boundary of Texas, securing to this State a large sum of money, and consigning to certain Slavery an important territory.

And still further, as if to do a deed which should "make heaven weep, all earth amazed," this same Congress, in disregard of all cherished safeguards of Freedom, has passed a most cruel, unchristian, devilish law to secure the return into Slavery of those fortunate bondmen who find shelter by our firesides. This is the Fugitive Slave Bill,—a device which despoils the party claimed as slave, whether in reality slave or freeman, of Trial by Jury, that sacred right, and usurps the question of Human Freedom, the highest question known to the law, committing it to the unaided judgment of a single magistrate, on ex parte evidence it may be, by affidavit, without the sanction of cross-examination. Under this detestable, Heaven-defying Bill, not the slave only, but the colored freeman of the North, may be swept into ruthless captivity; and there is no white citizen, born among us, bred in our schools, partaking in our affairs, voting in our elections, whose liberty is not assailed also. Without any discrimination of color, the Bill surrenders all claimed as "owing service or labor" to the same tyrannical judgment. And mark once more its heathenism. By unrelenting provisions it visits with bitter penalties of fine and imprisonment the faithful men and women who render to the fugitive that countenance, succor, and shelter which Christianity expressly requires. ["Shame! shame!"] Thus, from beginning to end, it sets at nought the best principles of the Constitution, and the very laws of God. [Great sensation.]

I might occupy your time in exposing the unconstitutionality of this Act. Denying the Trial by Jury, it is three times unconstitutional: first, as the Constitution declares "the right of the people to be secure in their persons against unreasonable seizures"; secondly, as it further provides that "no person shall be deprived of life, liberty, or property, without due process of law"; and, thirdly, because it expressly establishes, that "in suits at Common Law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved." By this triple cord the framers of the Constitution secured Trial by Jury in every question of Human Freedom. That man is little imbued with the true spirit of American institutions, has little sympathy with Bills of Rights, is lukewarm for Freedom, who can hesitate to construe the Constitution so as to secure this safeguard. [Enthusiastic applause.]

Again, the Act is unconstitutional in the unprecedented and tyrannical powers it confers upon Commissioners. These petty officers are appointed, not by the President with the advice of the Senate, but by the Courts of Law,—hold their places, not during good behavior, but at the will of the Court,—and receive for their services, not a regular salary, but fees in each individual case. And yet in these petty officers, thus appointed, thus compensated, and holding their places by the most uncertain tenure, is vested a portion of that "judicial power," which, according to the positive text of the Constitution, can be in "judges" only, holding office during good behavior," receiving "at stated times for their services a compensation which shall not be diminished during their continuance in office," and, it would seem also, appointed by the President and confirmed by the Senate, being three conditions of judicial power. Adding meanness to violation of the Constitution, the Commissioner is bribed by a double fee to pronounce against Freedom. Decreeing a man to Slavery, he receives ten dollars; saving the man to Freedom, his fee is five dollars. ["Shame! shame!"]

But I will not pursue these details. The soul sickens in the contemplation of this legalized outrage. In the dreary annals of the Past there are many acts of shame,—there are ordinances of monarchs, and laws, which have become a byword and a hissing to the nations. But when we consider the country and the age, I ask fearlessly, what act of shame, what ordinance of monarch, what law, can compare in atrocity with this enactment of an American Congress? ["None!"] I do not forget Appius Claudius, tyrant Decemvir of ancient Rome, condemning Virginia as a slave, nor Louis the Fourteenth, of France, letting slip the dogs of religious persecution by the revocation of the Edict of Nantes, nor Charles the First, of England, arousing the patriot rage of Hampden by the extortion of Ship-money, nor the British Parliament, provoking, in our own country, spirits kindred to Hampden, by the tyranny of the Stamp Act and Tea Tax. I would not exaggerate; I wish to keep within bounds; but I think there can be little doubt that the condemnation now affixed to all these transactions, and to their authors, must be the lot hereafter of the Fugitive Slave Bill, and of every one, according to the measure of his influence, who gave it his support. [Three cheers were here given.] Into the immortal catalogue of national crimes it has now passed, drawing, by inexorable necessity, its authors also, and chiefly him, who, as President of the United States, set his name to the Bill, and breathed into it that final breath without which it would bear no life. [Sensation.] Other Presidents may be forgotten; but the name signed to the Fugitive Slave Bill can never be forgotten. ["Never!"] There are depths of infamy, as there are heights of fame. I regret to say what I must, but truth compels me. Better for him, had he never been born! [Renewed applause.] Better for his memory, and for the good name of his children, had he never been President! [Repeated cheers.]

 I have likened this Bill to the Stamp Act, and I trust that the parallel may be continued yet further, by a burst of popular feeling against all action under it similar to that which glowed in the breasts of our fathers. Listen to the words of John Adams, as written in his Diary at the time.

"The year 1765 has been the most remarkable year of my life. That enormous engine, fabricated by the British Parliament, for battering down all the rights and liberties of America, I mean the Stamp Act, has raised and spread through the whole continent a spirit that will be recorded to our honor with all future generations. In every colony, from Georgia to New Hampshire inclusively, the stamp distributors and inspectors have been compelled by the unconquerable rage of the people to renounce their offices. Such and so universal has been the resentment of the people, that every man who has dared to speak in favor of the stamps, or to soften the detestation in which they are held, how great soever his abilities and virtues had been esteemed before, or whatever his fortune, connections, and influence had been, has been seen to sink into universal contempt and ignominy."1 [A voice, "Ditto for the Slave-Hunter!"]

Earlier than John Adams, the first Governor of Massachusetts, John Winthrop, set the example of refusing to enforce laws against the liberties of the people. After describing Civil Liberty, and declaring the covenant between God and man in the Moral Law, he uses these good words:

"This Liberty is the proper end and object of authority, and cannot subsist without it; and it is a liberty to that only which is good, just, and honest. This liberty you are to stand for, with the hazard not only of your goods, but of your lives, if need be. Whatsoever crosseth this is not authority, but a distemper thereof."2

Surely the love of Freedom is not so far cooled among us, descendants of those who opposed the Stamp Act, that we are insensible to the Fugitive Slave Bill. In those other days, the unconquerable rage of the people compelled the stamp distributors and inspectors to renounce their offices, and held up to detestation all who dared to speak in favor of the stamps. Shall we be more tolerant of those who volunteer in favor of this Bill? ["No! no!"]—more tolerant of the Slave-Hunter, who, under its safeguard, pursues his prey upon our soil? ["No! no!"] The Stamp Act could not be executed here. Can the Fugitive Slave Bill? ["Never!”]

And here, Sir, let me say, that it becomes me to speak with caution. It happens that I sustain an important relation to this Bill. Early in professional life I was designated by the late Judge Story a Commissioner of his Court, and, though I do not very often exercise the functions of this appointment, my name is still upon the list. As such, I am one of those before whom the panting fugitive may be dragged for the decision of the question, whether he is a freeman or a slave. But while it becomes me to speak with caution, I shall not hesitate to speak with plainness. I cannot forget that I am a man, although I am a Commissioner. [Three cheers here given.]

Could the same spirit which inspired the Fathers enter into our community now, the marshals, and every magistrate who regarded this law as having any constitutional obligation, would resign, rather than presume to execute it. This, perhaps, is too much to expect. But I will not judge such officials. To their own consciences I leave them. Surely no person of humane feelings and with any true sense of justice, living in a land "where bells have knolled to church," whatever may be the apology of public station, can fail to recoil from such service. For myself let me say, that I can imagine no office, no salary, no consideration, which I would not gladly forego, rather than become in any way the agent in enslaving my brother-man. [Sensation.] Where for me were comfort and solace after such a work? [A voice, "Nowhere!"] In dreams and in waking hours, in solitude and in the street, in the meditations of the closet and in the affairs of men, wherever I turned, there my victim would stare me in the face. From distant rice-fields and sugar-plantations of the South, his cries beneath the vindictive lash, his moans at the thought of Liberty, once his, now, alas! ravished away, would pursue me, repeating the tale of his fearful doom, and sounding, forever sounding, in my ears, "Thou art the man!" [Applause.]

The magistrate who pronounces the decree of Slavery, and the marshal who enforces it, act in obedience to law. This is their apology; and it is the apology also of the masters of the Inquisition, as they ply the torture amidst the shrieks of their victim. Can this weaken accountability for wrong? Disguise it, excuse it, as they will, the fact must glare before the world, and penetrate the conscience too, that the fetters by which the unhappy fugitive is bound are riveted by their tribunal,—that his second life of wretchedness dates from their agency, that his second birth as a slave proceeds from them. The magistrate and marshal do for him here, in a country which vaunts a Christian civilization, what the naked, barbarous Pagan chiefs beyond the sea did for his grandfather in Congo: they transfer him to the Slave-Hunter, and for this service receive the very price paid for his grandfather in Congo, ten dollars! ["Shame! shame!"]

Gracious Heaven! can such things be on our Free Soil? ["No!"] Shall the evasion of Pontius Pilate be enacted anew, and a judge vainly attempt, by washing the hands, to excuse himself for condemning one in whom he can "find no fault"? Should any court, sitting here in Massachusetts, for the first time in her history, become agent of the Slave-Hunter, the very images of our fathers would frown from the walls; their voices would cry from the ground; their spirits, hovering in the air, would plead, remonstrate, protest, against the cruel judgment. [Cheers.] There is a legend of the Church, still living on the admired canvas of a Venetian artist, that St. Mark, descending from the skies with headlong fury into the public square, broke the manacles of a slave in presence of the very judge who had decreed his fate. This is known as "The Miracle of the Slave," and grandly has Art illumined the scene.3 Should Massachusetts hereafter, in an evil hour, be desecrated by any such decree, may the good Evangelist once more descend with valiant arm to break the manacles of the Slave! [Enthusiasm.]

Sir, I will not dishonor this home of the Pilgrims, and of the Revolution, by admitting nay, I cannot believe that this Bill will be executed here. [“Never!”] Among us, as elsewhere, individuals may forget humanity, in fancied loyalty to law; but the public conscience will not allow a man who has trodden our streets as a freeman to be dragged away as a slave. [Applause.] By escape from bondage he has shown that true manhood which must grapple to him every honest heart. He may be ignorant and rude, as poor, but he is of true nobility. Fugitive Slaves are the heroes of our age. In sacrificing them to this foul enactment we violate every sentiment of hospitality, every whispering of the heart, every commandment of religion..

There are many who will never shrink, at any cost, and notwithstanding all the atrocious penalties of this Bill, from effort to save a wandering fellow-man from bondage; they will offer him the shelter of their houses, and, if need be, will protect his liberty by force. But let me be understood; I counsel no violence. There is another power, stronger than any individual arm, which I invoke: I mean that irresistible Public Opinion, inspired by love of God and man, which, without violence or noise, gently as the operations of Nature, makes and unmakes laws. Let this Public Opinion be felt in its might, and the Fugitive Slave Bill will become everywhere among us a dead letter. No lawyer will aid it by counsel, no citizen will be its agent; it will die of inanition, like a spider beneath an exhausted receiver. [Laughter.] Oh! it were well the tidings should spread throughout the land that here in Massachusetts this accursed Bill has found no servant. [Cheers.] "Sire, in Bayonne are honest citizens and brave soldiers only, but not one executioner," was the reply of the governor to the royal mandate from Charles the Ninth, of France, ordering the massacre of St. Bartholomew.4 [Sensation.]

It rests with you, my fellow-citizens, by word and example, by calm determinations and devoted lives, to do this work. From a humane, just, and religious people will spring a Public Opinion to keep perpetual guard over the liberties of all within our borders. Nay, more, like the flaming sword of the cherubim at the gates of Paradise, turning on every side, it shall prevent any SLAVE-HUNTER from ever setting foot in this Commonwealth. Elsewhere he may pursue his human prey, employ his congenial bloodhounds, and exult in his successful game; but into Massachusetts he must not come. Again, let me be understood, I counsel no violence. I would not touch his person. Not with whips and thongs would I scourge him from the land. The contempt, the indignation, the abhorrence of the community shall be our weapons of offence. Wherever he moves, he shall find no house to receive him, no table spread to nourish him, no welcome to cheer him. The dismal lot of the Roman exile shall be his. He shall be a wanderer, without roof, fire, or water. Men shall point at him in the streets, and on the highways.

“Sleep shall neither night nor day

Hang upon his penthouse-lid;

He shall live a man forbid;

Weary sevennights nine times nine

Shall he dwindle, peak, and pine.”     [Applause.]

Villages, towns, and cities shall refuse to receive the monster; they shall vomit him forth, never again to disturb the repose of our community. [Repeated rounds of applause.]

The feelings with which we regard the Slave-Hunter will be extended soon to all the mercenary agents and heartless minions, who, without any positive obligation of law, become part of his pack. They are volunteers, and, as such, must share the ignominy of the chief Hunter. [Cheers.]

I have dwelt thus long upon the Fugitive Slave Bill especially in the hope of contributing something to that Public Opinion which is destined in the Free States to be the truest defence of the slave. I now advance to other more general duties.

We have seen what Congress has done. And yet, in the face of these enormities of legislation—of Territories organized without the prohibition of Slavery, of a large province surrendered to Texas and to Slavery, and of this execrable Fugitive Slave Bill,—in the face also of Slavery still sanctioned in the District of Columbia, of the Slave-Trade between domestic ports under the flag of the Union, and of the Slave Power still dominant over the National Government, we are told that the Slavery Question is settled. Yes, settled, settled, — that is the word. Nothing, Sir, can be settled which is not right. [Sensation.] Nothing can be settled which is against Freedom. Nothing can be settled which is contrary to the Divine Law. God, Nature, and all the holy sentiments of the heart repudiate any such false seeming settlement.

Amidst the shifts and changes of party, our DUTIES remain, pointing the way to action. By no subtle compromise or adjustment can men suspend the commandments of God. By no trick of managers, no hocus-pocus of politicians, no "mush of concession," can we be released from this obedience. It is, then, in the light of duties that we are to find peace for our country and ourselves. Nor can any settlement promise peace which is not in harmony with those everlasting principles from which our duties spring.

Here I shall be brief. Slavery is wrong. It is the source of unnumbered woes, not the least of which is its influence on the Slaveholder himself, rendering him insensible to its outrage. It overflows with injustice and inhumanity. Language toils in vain to picture the wretchedness and wickedness which it sanctions and perpetuates. Reason revolts at the impious assumption that man can hold property in man. As it is our perpetual duty to oppose wrong, so must we oppose Slavery; nor can we ever relax in this opposition, so long as the giant evil continues anywhere within the sphere of our influence. Especially must we oppose it, wherever we are responsible for its existence, or in any way parties to it.

And now mark the distinction. The testimony which we bear against Slavery, as against all other wrong, is, in different ways, according to our position. The Slavery which exists under other governments, as in Russia or Turkey, or in other States of our Union, as in Virginia and Carolina, we can oppose only through the influence of morals and religion, without in any way invoking the Political Power. Nor do we propose to act otherwise. But Slavery, where we are parties to it, wherever we are responsible for it, everywhere within our jurisdiction, must be opposed not only by all the influences of literature, morals, and religion, but directly by every instrument of Political Power. [Rounds of applause.] As it is sustained by law, it can be overthrown only by law; and the legislature having jurisdiction over it must be moved to consummate the work. I am sorry to confess that this can be done only through the machinery of politics. The politician, then, must be summoned. The moralist and philanthropist must become for this purpose politicians, not forgetting morals or philanthropy, but seeking to apply them practically in the laws of the land.

It is a mistake to say, as is often charged, that we seek to interfere, through Congress, with Slavery in the States, or in any way to direct the legislation of Congress upon subjects not within its jurisdiction. Our political aims, as well as our political duties, are coextensive with our political responsibilities. And since we at the North are responsible for Slavery, wherever it exists under the jurisdiction of Congress, it is unpardonable in us not to exert every power we possess to enlist Congress against it.

Looking at details:

We demand, first and foremost, the instant Repeal of the Fugitive Slave Bill. [Cheers.]

We demand the Abolition of Slavery in the District of Columbia. [Cheers.]

We demand of Congress the exercise of its time-honored power to prohibit Slavery in the Territories. [Cheers.]

We demand of Congress that it shall refuse to receive any new Slave State into the Union. [Cheers, repeated.]

We demand the Abolition of the Domestic Slave Trade, so far as it can be constitutionally reached, but particularly on the high seas under the National Flag.

And, generally, we demand from the National Government the exercise of all constitutional power to relieve itself from responsibility for Slavery.

And yet one thing further must be done. The Slave Power must be overturned, so that the National Government may be put openly, actively, and perpetually on the side of Freedom. [Prolonged applause.]

In demanding the overthrow of the Slave Power, we but seek to exclude from the operations of the National Government a political influence, having its origin in Slavery, which has been more potent, sinister, and mischievous than any other in our history. This Power, though unknown to the Constitution, and existing in defiance of its true spirit, now predominates over Congress, gives the tone to its proceedings, seeks to control all our public affairs, and humbles both the great political parties to its will. It is that combination of Slave-masters, whose bond of union is a common interest in Slavery. Time would fail me in exposing the extent to which its influence has been felt, the undue share of offices it has enjoyed, and the succession of its evil deeds. Suffice it to say, that, for a long period, the real principle of this union was not observed by the Free States. In the game of office and legislation the South has always won. It has played with loaded dice,—loaded with Slavery. [Laughter.] The trick of the Automaton Chess-Player, so long an incomprehensible marvel, has been repeated, with similar success. Let the Free States make a move on the board, and the South says, "Check !” [“Hear! hear!"] Let them strive for Free Trade, as they did once, and the cry is, "Check!" Let them jump towards Protection, and it is again, "Check!" Let them move towards Internal Improvements, and the cry is still, "Check!" Whether forward or backward, to the right or left, wherever they turn, the Free States are pursued by an inexorable "Check!" But the secret is now discovered. Amid the well-arranged machinery which seemed to move the victorious chess-player is a living force, only recently discovered,—being none other than the Slave Power. It is the Slave Power which has been perpetual victor, saying always, "Check!" to the Free States. As this influence is now disclosed, it only remains that it should be openly encountered in the field of politics. [A voice, “That is the true way.”]

Such is our cause. It is not sectional; for it simply aims to establish under the National Government those great principles of Justice and Humanity which are broad and universal as Man. It is not aggressive; for it does not seek in any way to interfere through Congress with Slavery in the States. It is not contrary to the Constitution; for it recognizes this paramount law, and in the administration of the Government invokes the spirit of its founders. It is not hostile to the quiet of the country; for it proposes the only course by which agitation can be allayed, and quiet be permanently established. And yet there is an attempt to suppress this cause, and to stifle its discussion.

Vain and wretched attempt! [A band of music in the street here interrupted the speaker.]

I am willing to stop for one moment, if the audience will allow me, that they may enjoy that music. [Several voices, "Go on! go on!" Another voice, "We have better music here." After a pause the speaker proceeded.]

Fellow-citizens, I was saying that it is proposed to suppress this cause, and to stifle this discussion. But this cannot be done. That subject which more than all other subjects needs careful, conscientious, and kind consideration in the national councils, which will not admit of postponement or hesitation, which is allied with the great interests of the country, which controls the tariff and causes war, which concerns alike all parts of the land, North and South, East and West, which affects the good name of the Republic in the family of civilized nations, the subject of subjects, has now at last, after many struggles, been admitted within the pale of legislative discussion. From this time forward it must be entertained by Congress. It will be one of the orders of the day. It cannot be passed over or forgotten. It cannot be blinked out of sight. The combinations of party cannot remove it. The intrigues of politicians cannot jostle it aside. There it is, in towering colossal proportions, filling the very halls of the Capitol, while it overshadows and darkens all other subjects. There it will continue, till driven into oblivion by the irresistible Genius of Freedom. [Cheers.]

I am not blind to adverse signs. The wave of reaction, after sweeping over Europe, has reached our shores. The barriers of Human Rights are broken down. Statesmen, writers, scholars, speakers, once their uncompromising professors, have become professors of compromise. All this must be changed. Reaction must be stayed. The country must be aroused. The cause must again be pressed, with the fixed purpose never to moderate our efforts until crowned by success. [Applause.] The National Government, everywhere within its proper constitutional sphere, must be placed on the side of Freedom. The policy of Slavery, which has so long prevailed, must give place to the policy of Freedom. The Slave Power, fruitful parent of national ills, must be driven from its supremacy. Until all this is done, the friends of the Constitution and of Human Rights cannot cease from labor, nor can the Republic hope for any repose but the repose of submission.

Men of all parties and pursuits, who wish well to their country, and would preserve its good name, must join now. Welcome here the Conservative and the Reformer for our cause stands on the truest Conservatism and the truest Reform. In seeking the reform of existing evils, we seek also the conservation of the principles handed down by our fathers. Welcome especially the young! To you I appeal with confidence. Trust to your generous impulses, and to that reasoning of the heart, which is often truer, as it is less selfish, than the calculations of the head. [Enthusiasm.] Do not exchange your aspirations for the skepticism of age. Yours is the better part. In the Scriptures it is said that "your young men shall see visions and your old men. shall dream dreams"; on which Lord Bacon has recorded the ancient inference, "that young men are admitted nearer to God than old, because vision is a clearer revelation than a dream."5

It is not uncommon to hear people declare themselves against Slavery, and willing to unite in practical efforts. Practical is the favorite word. At the same time, in the loftiness of pharisaic pride, they have nothing but condemnation, reproach, or contempt for the earnest souls that have striven long years in this struggle. To such I would say, If you are sincere in what you declare, if your words are not merely lip-service, if in your heart you are entirely willing to join in practical effort against Slavery, then, by life, conversation, influence, vote, disregarding "the ancient forms of party strife," seek to carry the principles of Freedom into the National Government, wherever its jurisdiction is acknowledged and its power can be felt. Thus, with out any interference with the States which are beyond this jurisdiction, may you help to efface the blot of Slavery from the National brow.

Do this, and you will most truly promote that harmony which you so much desire. And under this blessed influence tranquillity will be established throughout the country. Then, at last, the Slavery Question will be settled. Banished from its usurped foothold under the National Government, Slavery will no longer enter, with distracting force, into national politics, making and unmaking laws, making and unmaking Presidents. Confined to the States, where it is left by the Constitution, it will take its place as a local institution, if, alas! continue it must, for which we are in no sense responsible, and against which we cannot exert any political power. We shall be relieved from the present painful and irritating connection with it, the existing antagonism between the South and the North will be softened, crimination and recrimination will cease, and the wishes of the Fathers will be fulfilled, while this Great Evil is left to all kindly influences and the prevailing laws of social economy.

To every laborer in a cause like this there are satisfactions unknown to the common political partisan. Amidst all apparent reverses, notwithstanding the hatred of enemies or the coldness of friends, he has the consciousness of duty done. Whatever may be existing impediments, his also is the cheering conviction that every word spoken, every act performed, every vote cast for this cause, helps to swell those quickening influences by which Truth, Justice, and Humanity will be established upon earth. [Cheers.] He may not live to witness the blessed consummation, but it is none the less certain.

Others may dwell on the Past as secure. Under the laws of a beneficent God the Future also is secure, on the single condition that we labor for its great objects. [Enthusiastic applause.]

The language of jubilee, which, amidst reverse and discouragement, burst from the soul of Milton, as he thought of sacrifice for the Church, will be echoed by every one who toils and suffers for Freedom. "Now by this little diligence," says the great patriot of the English Commonwealth, "mark what a privilege I have gained with good men and saints, to claim my right of lamenting the tribulations of the Church, if she should suffer, when others, that have ventured nothing for her sake, have not the honor to be admitted mourners. But if she lift up her drooping head and prosper, among those that have something more than wished her welfare, I have my charter and freehold of rejoicing to me and my heirs.6 We, too, may have our charter and freehold of rejoicing to ourselves and our heirs, if we now do our duty.

I have spoken of votes. Living in a community where political power is lodged with the people, and each citizen is an elector, the vote is an important expression of opinion. The vote is the cutting edge. It is well to have correct opinions, but the vote must follow. The vote is the seed planted; without it there can be no sure fruit. The winds of heaven, in their beneficence, may scatter the seed in the furrow; but it is not from such accidents that our fields wave with the golden harvest. He is a foolish husbandman who neglects to sow his seed; and he is an unwise citizen, who, desiring the spread of good principles, neglects to deposit his vote for the candidate who is the representative of those principles.

Admonished by experience of timidity, irresolution, and weakness in our public men, particularly at Washington, amidst the temptations of ambition and power, the friends of Freedom cannot lightly bestow their confidence. They can put trust only in men of tried character and inflexible will. Three things at least they must require the first is backbone; the second is backbone; and the third is backbone. [Loud cheers.] My language is homely; I hardly pardon myself for using it; but it expresses an idea which must not be forgotten. When I see a person of upright character and pure soul yielding to a temporizing policy, I cannot but say, He wants backbone. When I see a person talking loudly against Slavery in private, but hesitating in public, and failing in the time of trial, I say, He wants backbone. When I see a person who coƶperated with Antislavery men, and then deserted them, I say, He wants backbone. ["Hear! hear!"] When I see a person leaning upon the action of a political party, and never venturing to think for himself, I say, He wants backbone. When I see a person careful always to be on the side of the majority, and unwilling to appear in a minority, or, if need be, to stand alone, I say, He wants backbone. [Applause.] Wanting this, they all want that courage, constancy, firmness, which are essential to the support of PRINCIPLE. Let no such man be trusted. [Renewed applause.]

For myself, fellow-citizens, my own course is determined. The first political convention which I ever attended was in the spring of 1845, against the annexation of Texas. I was at that time a silent and passive Whig. I had never held political office, nor been a candidate for any. No question ever before drew me to any active political exertion. The strife of politics seemed. to me ignoble. A desire to do what I could against Slavery led me subsequently to attend two different State Conventions of Whigs, where I coƶperated with eminent citizens in endeavor to arouse the party in Massachusetts to its Antislavery duties. A conviction that the Whig party was disloyal to Freedom, and an ardent aspiration to help the advancement of this great cause, has led me to leave that party, and dedicate what of strength and ability I have to the present movement. [Great applause.]

To vindicate Freedom, and oppose Slavery, so far as I may constitutionally,—with earnestness, and yet, I trust, without personal unkindness on my part, is the object near my heart. Would that I could impress upon all who now hear me something of the strength of my own convictions! Would that my voice, leaving this crowded hall to-night, could traverse the hills and valleys of New England, that it could run along the rivers and the lakes of my country, lighting in every heart a beacon-flame to arouse the slumberers throughout the land! [Sensation.] In this cause I care not for the name by which I am called. Let it be Democrat, or "Loco-foco," if you please. No man in earnest will hesitate on account of a name. Rejoicing in associates from any quarter, I shall be found ever with that party which most truly represents the principles of Freedom. [Applause.] Others may become indifferent to these principles, bartering them for political success, vain and short-lived, or forgetting the visions of youth in the

dreams of age. Whenever I forget them, whenever I become indifferent to them, whenever I cease to be constant in maintaining them, through good report and evil report, in any future combinations of party, then may my tongue cleave to the roof of my mouth, may my right hand forget its cunning! [Cheers.]

And now as I close, fellow-citizens, I return in thought to the political election with which I began. If from this place I could make myself heard by the friends of Freedom throughout the Commonwealth, I would give them for a rallying-cry three words, — FREEDOM, UNION, VICTORY!

The peroration was received with the most earnest applause, followed by cries of "Three cheers for Charles Sumner!" "Three cheers for Phillips and Walker!" "Three cheers for Horace Mann and the cause!"
_______________

1 Diary, December 18, 1765: Works, Vol. II. p 154.

2 History of New England (ed. Savage), 1645, Vol. II. p. 229.

3 An eloquent French critic says, among other things, of this greatest picture of Tintoretto, that "no painting surpasses, or perhaps equals" it, and that, before seeing it, "one can have no idea of the human imagination." (Taine, Italy, Florence, and Venice, tr. Durand, pp. 314, 316.) Some time after this Speech an early copy or sketch of this work fell into Mr. Sumner's hands, and it is now a cherished souvenir of those anxious days when the pretensions of Slavery were at their height.

4 Le Vicomte d'Orthez Ć  Charles IX.: D'AubignĆ©, Histoire Universelle, Part. II. Liv. I. ch. 5, cited by Sismondi, Histoire des FranƧais, Tom. XIX. p. 177, note. I gladly copy this noble letter. "Sire, j'ai communiquĆ© le commandement de Votre MajestĆ© ses fidĆØles habitans et gens de guerre de la garnison; je n'y ai trouvĆ© que bons citoyens et braves soldats, mais pas un bourreau. C'est pourquoi eux et moi supplions trĆØs humblement Votre dite MajestĆ© vouloir employer en choses possibles, quelque hasardeuses qu'elles soient, nos bras et nos vies, comme Ć©tant, autant qu'elles dureront, Sire, vĆ“tres."

5 Essays, XLII. Of Youth and Age.

6 The Reason of Church Government, Book II., Introduction: Prose Works, ed. Symmons, Vol. I. p. 117.

SOURCES: Edward L. Pierce, Memoir and Letters of Charles Sumner, Vol. 3, p. 228-9; Charles Sumner, The Works of Charles Sumner, Volume 2, p. 398-424

Thursday, July 21, 2022

The Late Case of Assault in the Senate Chamber — published June 7, 1856

The report of the Hon. Howell Cobb and Hon. A. B. Greenwood, the minority of the committee of the House of Representatives, appointed to investigate the facts touching the assault by one of its members on a member of the Senate, is a long but able document, and sets forth very clearly, the privileges of the House and the Senate as well as their respective members, and the authority the House has to punish one of its own members for a violation of the privilege of a member of the Senate. We quote as follows:

The first allegation is that the privilege of Mr. Sumner has been violated in this: that he has been questioned for the delivery of a speech in the Senate, in violation of that provision of the constitution which declares that “for any speech or debate in either House, they shall not be questioned in any other place.” This provision of the constitution was evidently intended to protect members of Congress from such legal liability as they might incur for words spoken in debate in their respective houses. It can hardly be supposed that the constitution was providing against a mode of questioning which in itself, even without such provision, would have not only been unauthorized by law, but in direct violation of the criminal law of the land. It is far from being settled that this immunity from responsibility goes to the extent claimed for it by those from whom we differ in this matter.


If members of Congress seek this shield and protection which the constitution gives them, is it an onerous condition imposed upon them that their speech shall be proper and legitimate in the discharge of their constitutional duty? Ought they to be permitted to avail themselves of the position given them by a confiding constituency to indulge in language and reflections in no wise necessary for the discharge of their official duty, nor promotive of the public good? And, even granting this right to the fullest extent, and they go beyond this exercise of speech or debate, and afterwards publish and circulate, in pamphlet form, libelous matter under the pretext that it is in this published form privileged speech or debate in Congress? Even the British Parliament, with all its disposition to protect its members, and, under the doctrine of privilege, to extend to them powers and immunities, refused to extend the doctrine beyond the strict limits of debate upon the floor of Parliament. The language of our constitution in this respect is drawn from the parliamentary law, and we suppose it will not be contended that our members of Congress have greater latitude in this respect from the members of the British Parliament.

Here the report quotes from Justice Story’s work on the Constitution, in support of their view. Judge S. says:

“Although a speech is delivered in the House of Commons is privileged, and the member cannot be questioned respecting it elsewhere, yet, if he publishes his speech, and it contains libelous matter, he is liable to an action and prosecution therefore, as in common cases of libel.


“And the same principles seem applicable to the privilege of debate and speech in Congress. No man ought to have a right to defame others under color of performance of the duties of his office. And if he does so in the actual discharge of his duties in Congress, that furnishes no reason why he should be enabled, through the medium of the press, to destroy the reputation and invade the peace of other citizens. It is neither within the scope of his public duty nor in furtherance of public rights or public policy. Ever Citizen has good a right to be protected by the laws from malignant scandal, and  false charges, and defamatory imputations, as a member of Congress has to utter them in his seat. If it were otherwise, a man’s character might be taken away without the possibility of redress, either by malice of indiscretion or overweening self-conceit of a member of Congress.”

We again quote from the report:

“The only provision of the Constitution under which the power can be exercised, on which the majority of our committee have relied, is the one already quoted, which declares that ‘each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.’


It is a question which has been much discussed, and one which it is important to decide correctly. To what extent is the power given to the two houses by this provision of the constitution to punish their members? Taking the whole paragraph in its connected sense, it seems to us that it has reference to the House while in session in the actual discharge of its constitutional duties. The power of providing rules for its proceedings, it will be seen, is coupled in that same sentence with the power to punish its members for disorderly behavior, and the power with the concurrence of two-thirds, to expel a member. If it had been contemplated that the power conferred in this provision were to be exercised to the extent now claimed for them, they would hardly have been placed in such intimate connexion with the simple power of providing rules for the proceedings of the two houses. We entertain no doubt that the whole of this provision looks to the session of the House, to the providing of rules for its proceedings during its sessions, to punishing its members for such disorderly conduct as would interrupt its session, and, where that conduct amounted to such an outrage upon the rules and proprieties of the House as would justify it, to expel the member.


To place any other construction upon this provision would be to make the members of each house, and their moral conduct and deportment, subject to the whim caprice and discretion of a majority of the body. Extend it beyond the presence of the session of the house and it becomes an unlimited power, operative not lonely during the session of Congress, but during the recess; to be exercised not only in reference to the conduct of members when in Washington city or in the District of Columbia, but when they have returned to their respective homes, and even when they have gone beyond the limits of the country. When you have passed the limits which are her laid down, there is no other boundary short of Congressional discretion. And we cannot believe that it was the intention of the framers of the constitution to place the moral conduct and deportment of members of the two houses of Congress under the control and discretion of a majority of either house.

The report, in conclusion, contends that there has been no violation in this case of the privileges of either House of Congress, or any member thereof, over which the House has jurisdiction. Whatever offence may have been committed, it says, is properly cognizable before the courts of the country, and it proposed to dismiss the subject to that jurisdiction provided by the constitution and laws of the country for its investigation.

SOURCE: Richmond Daily Whig, Richmond Virginia, Saturday Morning, June 7, 1856, p. 3

Saturday, October 5, 2019

Congressman Daniel Webster to Justice Joseph Story, May 12, 1823


Boston, May 12, 1823.

My Dear Sir,—It will give us great pleasure to go to Portsmouth, especially in company with you and Mrs. Story. I believe there is very little to do in the Circuit Court. For myself I have next to nothing. There will probably be one capital trial, as I learn from Mr. Blake, which he thinks must be postponed for a short time from the commencement of the court; so that on the whole there will probably be no inconvenience in adjourning the court over next week.

I never felt more down sick on all subjects connected with the public, than at the present moment. I have heretofore cherished a faint hope that New England would some time or other get out of this miserable, dirty squabble of local politics, and assert her proper character and consequence. But I at length give up. I feel the hand of fate upon us, and to struggle is in vain. We are doomed to be hewers of wood and drawers of water; and I am prepared, henceforth, to do my part of the drudgery, without hoping for an end. You know I am not disappointed at the result of the election for governor. My “agony” was over before the election took place, for I never doubted the result Indeed, on the grounds on which the controversy was placed, I could have enjoyed the triumph of neither party. What has sickened me beyond remedy is the tone and temper of these disputes. We are disgraced beyond help or hope by these things. There is a Federal interest, a Democratic interest, a Bankrupt interest, an Orthodox interest, and a Middling interest, but I see no national interest, nor any national feeling in the whole matter.

I am, dear Sir, your true but despairing friend,
D. Webster.

SOURCE: Fletcher Webster, Editor, The Private Correspondence of Daniel Webster, Volume 1, p. 325

Thursday, September 5, 2019

Congressman Daniel Webster to Mr. Mason, April 10, 1823

Washington, April 10, 1823.

Dear Sir, — Mr. John D. Williams of Boston informs me that he has written requesting you to go to Portland, at the Circuit Court, and argue his cause against Mr. Reed. I hope you will be able to go. He is a very worthy man, and an exceeding good client. He will satisfy you well; and his case you will easily understand. Mr. Greenleaf, who is in the cause for the plaintiff, Williams, is a very correct and able lawyer of his age, and will have the case duly prepared. It is a case of some importance and some expectation; and I would not for a good deal, as we say, that any thing should prevent your attention to it. I cannot be home in season to rest and then go to Portland. I have no other engagements there, and do not intend practising in that court. You are sixty miles nearer the court than I am, and I am sure you would find it much to your advantage to attend regularly.

When you see Judge Story, ask him to show you a letter which I wrote him about the appointment of a judge.

I grow very anxious to get home. The commissioners are here yet, and will remain probably ten days longer.

I have got through the bulk of all the cases committed to my care, and hope now to have a little repose. I shall be ready for any scheme of play which you can get up.

Yours very sincerely,
D. Webster.

SOURCE: Fletcher Webster, Editor, The Private Correspondence of Daniel Webster, Volume 1, p. 324-5

Friday, June 28, 2019

Daniel Webster to Justice Joseph Story, November 13, 1822

Boston, November I3, 1822.

Dear Sir,—I went to Salem yesterday rather unexpectedly; a cause in which I was concerned having been called on. I found myself too unwell to try it, and so got delay, and returned last night. I feel pretty well while I am quiet and keep house, but I am not able to make any effort without pain, and renewing a half feverish feeling. My wish now is to remain at home till Saturday, go on that day to Providence, and I believe I shall take my wife with me, and get well enough, if I can, to tiy the Gold cause on Monday. I am afraid, however, that parties will be prepared on Friday, and that, on account of the number of witnesses, any delay will be inconvenient. In this case the cause must go on without me.

I am desirous to see you as you pass along to-morrow, and the particular object of this is to inquire, at what time and what place I may hope to find you in this town to-morrow. The bearer will take your answer, and bring it to me.

I saw Dr. Warren on my return last evening, and he has put me on a regimen for three days with medicine, &c. I hate all physic.

Yours,
D. Webster.

SOURCE: Fletcher Webster, Editor, The Private Correspondence of Daniel Webster, Volume 1, p. 322

Monday, April 29, 2019

Daniel Webster to Justice Joseph Story, August 6, 1822

Washington, August 6, 1822.

My Dear Sir,—This gentleman, the Rev. Mr. Gurley, comes recommended by our friends at the South, on the subject of the Colonization Society. He has with him some very interesting publications of the African Institution in London, as well as the reports of the society here, and appears to be a very agreeable and intelligent man.

I feel inclined to do whatever duty requires on this subject. You know that my opinion has not been the most favorable, and yet I would wish to pay proper deference to such excellent men as Judge Washington and Mr. Kay.

Mr. Gurley will probably be in this neighborhood till Commencement, and if you think it proper that some bread should be cast on the waters in this case, I am willing to follow the example.

While I cannot, conscientiously, very confidently recommend the cause of this society as being a great attainable good, I am still willing to confide in those good men, who have more confidence, so far as to contribute my own little mite to the object in view.

At any rate, my dear Sir, you have discharged your duty before God and man, on the subject of African slavery; and yon must not be surprised if more should be expected from him who has done so much and so admirably.

With perpetual regard, dear Sir,
Yours,
Daniel Webster.

SOURCE: Fletcher Webster, Editor, The Private Correspondence of Daniel Webster, Volume 1, p. 320-1

Saturday, April 6, 2019

Daniel Webster to Justice Joseph Story, January 14, 1822

Washington, January 14, 1822.

My Dear Sir,—I am much obliged to you for yours of the 8th, which I have just received. I came on very safe and sound, and am lodged comfortably, but not on the Capitol Hill; which, for some reasons, I regret. I learn that somebody has made provision for the court at, or near, the old spot. I will, however, speak to Mr. Caldwell.

There is much stir and buzz about Presidential candidates here. Mr. Clay's friends are certainly numerous: whether it be because his is the most recent nomination, or for what other reason, the fact is he is just now much talked about. I think it will be a busy winter, in talking and electioneering. My own opinion is, but I would not intimate it to others, that Mr. Clay considers himself a candidate, and means to run the race. More hereafter on these subjects.

Mr. Hopkinson desired me to beseech you to give him a day, as you come on. I promised him to write you, and mention his request. He wishes much to see you, and to give some of his friends that .pleasure. If, on your arrival, you contrive to send him notice, to No. 196, Chestnut street, he will esteem it a great favor.

I am glad your opinion is coming out It is much asked for.

Mr. Johnson of Kentucky, has to-day, I learn, made a long speech in favor of his proposed amendment. He has dealt, they say, pretty freely with the supreme court. Dartmouth College, Sturgis and Crowninshield, et cetera, have all been demolished. To-morrow he is to pull to pieces the case of the Kentucky betterment law. Then Governor Barber is to annihilate Cohens v. Virginia. So things go; but I see less reality in all this smoke than I thought I should, before I came here.

I hope you will call and see my wife, and my boys, what few there are of them; not forgetting Miss Julia.

Give my love to Mrs. Story, and believe me, most truly

Yours,
D. Webster.

SOURCE: Fletcher Webster, Editor, The Private Correspondence of Daniel Webster, Volume 1, p. 319-20

Wednesday, March 27, 2019

Daniel Webster to Ezekiel Webster, October 4, 1821

Boston, October 4, 1821.

Dear Ezekiel, — I like your project of a course of proceeding for the trustees very much. I have no doubt something like that would be very judicious. I think it of great importance that you should come down here before you go to Hanover, if you can possibly. Judge Story and Mr. Mason will probably both be here on the l5th, and they both feel a strong wish that the Board should take a right course. If you can possibly come, I hope you will, in the stage-coach on Saturday, the 13th. I have no doubt, by putting all our heads together, we can do something. I would go up and see you if it were not almost impossible, and if it were not much more advantageous that you should be here, where you can confer with many others. Please let me hear, by the earliest mail, whether you can probably come.

Yours affectionately,
D. Webster.

SOURCE: Fletcher Webster, Editor, The Private Correspondence of Daniel Webster, Volume 1, p. 316-7

Saturday, March 16, 2019

Daniel Webster to Justice Joseph Story, September 24, 1821

Boston, September 24, 1821.

My Dear Sir, — I am happy to hear that you are coming up to-morrow, to dine with the commodore. Mr. Baker, the British consul-general, is in town. He called on me to-day, and expressed a wish to see you. I have invited him to pass an hour with me to-morrow evening, and have promised him your company; and he has accepted, on the strength of that promise.

Will you be kind enough to bring up with you the last Dodson. I wish to look at the recent case about the slave-trade. I very much fear my Lord Stowell has missed a figure. However, I suppose, as usual, he has given plausible reasons.

We shall have some interesting questions here on this subject, and that shortly.

Very truly yours,
D. Webster.

P. S. I am greatly delighted at this notion of going to Worcester. I know nothing of that county, where so many venues were laid, and I think we shall meet some good men. Bainbridge means to go with us.

SOURCE: Fletcher Webster, Editor, The Private Correspondence of Daniel Webster, Volume 1, p. 316