The judgment of Lord Mansfield constitutes a landmark of law, to be remembered proudly, when all his contributions to commercial law and general jurisprudence are forgotten. It was a contribution to the British Constitution and to human rights. Like every principle of Natural Law, it approves itself at once to the reason and conscience. And this authority I now invoke in the interpretation of the Fugitive Clause.
I have already said too much. The argument on both sides is presented in the two reports of the Committee, or rather in the report of the Committee and the “views of the minority.” Senators, I doubt not, have already made up their minds, which no discussion can change. Of course, some may vote against the acts on one ground and some on another. The arguments are numerous. It is enough, if on any ground they vote to remove this shame from our statute-book.
I do not enter into details of the constitutional argument, whether Congress has power under the Constitution to legislate on this subject, or whether it may confide this great trust to a single magistrate without trial by jury. These are grave questions, worthy of debate, into which I am ready to enter, if the occasion requires. But I forbear. Often, in other times, I have discussed these questions in the Senate and before the people; but the time for discussion is passed. And permit me to confess my gladness in this day. I was chosen to the Senate for the first time immediately after the passage of the infamous Act of 1850. If at that election I received from the people of Massachusetts any special charge, it was to use my best endeavors to secure the repeal of this atrocity. I began the work in the first session that I was here. God grant that I may end it to-day!
Mr. President, one word more. The suggestion is too often made that this measure is not practical. Not practical! It is the favorite phrase. But this depends upon what Senators consider practical.
If it be practical to relieve the people from an unconstitutional and oppressive statute,—if it be practical to take away a badge of subjugation imposed by slave-masters during a brutal supremacy,—if it be practical to secure the good name of the Republic, still suffering immeasurably from this outrage,—if it be practical, at this moment of our own severe trial, to substitute justice for oppression, and thus secure the favor of Providence,—and, finally, if it be practical to strike at Slavery wherever we can hit it, and to relieve ourselves of all responsibility for this terrible wrong,—then is this measure eminently practical. It is as practical as justice, as practical as humanity, as practical as duty, which cannot be postponed.
But, independently of its intrinsic justice, this measure is recommended by an expediency of the highest character. I blush to plead in this way, but the occasion must be my apology. Senators are not aware how much our country suffers in the judgment of civilized nations from that accursed statute, which now for more than ten years has been a byword and hissing among men. Genius in some of its rarest creations has made it known, literature and art in every form have lent themselves to expose it, while the unutterable atrocities it has sanctioned have been carefully gathered together and circulated abroad as testimony against republican institutions. Since the outbreak of the Rebellion this statute has been constantly adduced by our enemies abroad, as showing that we are no better than Jefferson Davis and his slavemonger crew; for Slavery never shows itself worse than in the slave-hunter. Only within a few days there has appeared at New York, published for the fair, a photograph copy of a letter of the late Alexander von Humboldt, containing the following words: “I have the warmest attachment to your beautiful and liberal city, New York, but have earnestly and deeply regretted that Webster, whom I long respected, more than favored that shameful law which still persecuted colored men after they had regained by flight their natural, inborn liberty, of which they had been robbed by Christians.” Humboldt was our friend, but he could not forbear characterizing this statute as “shameful.” Be assured, Sir, it is a burden for the national cause abroad which it ought not to bear. For the sake of our cause, and that it may have new strength in the swelling sympathies of the civilized world, it should be repealed at once, without hesitation.
I confess, Sir, another motive. At this moment of severe trial, I wish my country to put itself right with that Supreme Power which holds in its hands the destinies of nations. It is as true in the life of nations as in the life of individuals, that, if you would have equity, you must do equity; but the great equity which we must do is found in justice to an oppressed race. It is vain that you complain of disaster to your arms, of colored soldiers and their brave officers cruelly treated at Fort Wagner, of colored soldiers and their brave officers massacred at Fort Pillow, if yourselves continue to set the example of injustice. The story of the Israelites is revived, and plague after plague is sent, sounding forever the old commandment, “Let my people go.” If the plagues sent already are not enough, another and yet another will visit us. There is one assurance of obedience which you can give. It is to expunge from your statute-book all support of Slavery. Be in earnest here, and you will be practical. Then, having done equity, you may fearlessly ask for equity.
I have already said more than I intended. It was my purpose to leave the Senate without a word of argument or persuasion. The case to my mind is too clear, and I thought the time had come for votes. And now, as I conclude, I forbear to press all constitutional objections, and present the whole question on a single ground. Slavery has struck at the national life. Let us strike back wherever we can smite the great offender, and above all let us purify the statute-book, so that there shall be nothing there out of which this terrible wrong can derive support. In the discharge of this duty, all Fugitive Acts should be repealed. The argument against one is the same against all.
The amendment of Mr. Sherman was adopted,—Yeas 24, Nays 17.