On the 23d of February, 1855, on motion of Mr. Toucey, of Connecticut, the Senate proceeded to the consideration of "a bill to protect officers and other persons acting under the authority of the United States," by which it was provided that "suits commenced or pending in any State Court against any officer of the United States, or other person, for or on account of any act done under any law of the United States, or under color thereof, or for or on account of any right, authority, claim, or title set up by such officer or other person, under any law of the United States," should be removed for trial to the Circuit Court of the United States. It was seen at once that under these words an attempt was made to oust the State Courts of cases arising from trespasses and damages under the Fugitive Slave Act; and the bill was pressed, as everything for Slavery was always pressed, even on Friday, to the exclusion of the private claims to which that day was devoted under the rules of the Senate. A debate commenced, which was continued with much animation and feeling late into the night.
Mr. Sumner seized this opportunity to urge again his proposition to repeal the Fugitive Slave Act. Just before the final question, he took the floor and spoke as follows.
Mr. President,—On a former occasion, as Slavery was about to clutch one of its triumphs, I rose to make my final opposition at midnight. It is now the same hour. Slavery is pressing again for its accustomed victory, which I undertake again for the moment to arrest. It is hardly an accidental conjunction which constantly brings Slavery and midnight together.
Since eleven o'clock this forenoon we have been in our seats, detained by the dominant majority, which, in subservience to Slavery, refuses to postpone this question or to adjourn. All other things are neglected. Various public interests, at this late stage of the session, demanding attention, are put aside. According to usage of the Senate, Friday is devoted to private claims. I am accustomed to call it our day of justice,—glad, that, since these matters are referred to us, at least one day in the week is thus set apart. But Slavery grasps this whole day, and changes it to a day of injustice. By the calendar, which I hold in my hand, it appears that upwards of seventy-five private bills, with which are associated hopes and fears of widows and orphans, and of all who come to Congress for relief, are on your table,—neglected, ay, Sir, sacrificed, to the bill now urged with so much pertinacity. Like Juggernaut, the bill is driven over prostrate victims. And here is another sacrifice to Slavery.
I do not adequately expose this bill, when I say it is a sacrifice to Slavery. It is a sacrifice to Slavery in its most odious form. Bad as Slavery is, it is not so bad as hunting slaves. There is seeming apology for Slavery at home, in States where it prevails, founded on difficulties in the position of the master and the relations of personal attachment it sometimes excites; but every apology fails, when you seek again to enslave the fugitive whom the master cannot detain by duress or kindness, and who, by courage and intelligence, under guidance of the North Star, can achieve a happy freedom. Sir, there is wide difference between Slaveholder and Slave-Hunter.
But the bill before you is to aid in the chase of slaves. This is its object. This is its "being's end and aim." And this bill, with this object, is pressed upon the Senate by the honorable Senator from Connecticut [Mr. Toucey]. Not from slave soil, but from free soil, comes this effort. A Senator from the North, a Senator from New England, lends himself to the work, and with unnatural zeal helps to bind still stronger the fetter of the slave.
Mr. Rusk (of Texas) [interrupting]. Will the honorable Senator allow me to interrupt him?
Mr. Sumner. Certainly.
Mr. Rusk. I ask him to point out the words in this bill where Slavery is mentioned.
Mr. Sumner. I am glad the Senator from Texas asks the question, for it brings attention at once to the true character of this bill. I know its language well, and also its plausible title. On its face it purports to be "a bill to protect officers and other persons acting under the authority of the United States"; and it provides for the transfer of certain proceedings from State Courts to the Circuit Courts of the United States. And yet, Sir, by the admission of this whole debate, stretching from noon to midnight, it is a bill to bolster up the Fugitive Slave Act.