But who is this Senator, or any other politician of the present day, that he should presume to pass so sweeping and so peremptory a sentence of condemnation on a compact made by the fathers of the Republic and ratified by the people of the United States? For our part, if we wished to find "the higher law," we should look neither into the Dark Ages nor into his conscience. We had infinitely rather look into the great souls of those by whom the Constitution was framed, and by every one of whom the very compact which Mr. Seward pronounces so infamous was cordially sanctioned.

"Your Constitution and laws," exclaims Mr. Seward, "convert hospitality to the refugee from the most degrading oppression on earth into a crime, but all mankind except you esteem that hospitality a virtue." Not content with thus denouncing the "Constitution and laws," he has elsewhere exhorted the people to an open resistance to their execution. "It is," says he, in a speech at a mass-meeting in Ohio, "written in the Constitution of the the United States," and "in violation to divine law,[209] that we shall surrender the fugitive slave who takes refuge at our fireside from his relentless pursuer." He then and there exhorts the people to resist the execution of this clear, this unequivocal, this acknowledged, mandate of the Constitution! "Extend," says he, a "cordial welcome to the fugitive who lays his weary limbs at your door, and defend him as you would your household gods."

We shall not trust ourselves to characterize such conduct. In the calm, judicial language of the Chancellor of his own State such proceeding of Mr. Seward will find its most fitting rebuke. "Independent, however," says Chancellor Walworth, "of any legislation on this subject either by the individual States or by Congress, if the person whose services are claimed is in fact a fugitive from servitude under the laws of another State, the constitutional provision is imperative that he shall be delivered up to his master upon claim made." Thus far, Mr. Seward concurs with the chancellor in opinion; but the latter continues—"and any state officer or private citizen, who owes allegiance to the United States, and has taken the usual oath to support the Constitution thereof, cannot, without incurring the moral guilt of perjury, do any act to deprive the master of his right of recaption, when there is no real doubt that the person whose services are claimed is in fact the slave of the claimant."[210] Yet, regardless of the question whether the fugitive is a slave or not, the life and labors of Mr. Seward are, in a great measure, dedicated to a subversion of the constitutional clause and right under consideration. He counsels open resistance! Yea, he exhorts the people to protect and defend fugitive slaves as such, and though they had confessed themselves to have fled from servitude! But we doubt not that "the law of nature, written on the hearts and consciences of freemen," will reverse this advice of his, and reaffirm the decision of the chancellor of his own State. Nay, wherever there exists a freeman with a real heart and conscience, there that decision already stands affirmed.

As Mr. Seward's arguments are more fully elaborated by Mr. Sumner, of Massachusetts, so they will pass under review when we come to examine the speech of that Senator. In the mean time, we beg leave to lay before the reader a few living examples of the manner in which the law of nature, as written on the hearts and consciences of freemen, has expressed itself in regard to the points above considered.

"I recognize, indeed," says the Hon. R. C. Winthrop, of Boston, "a power above all human law-makers and a code above all earthly constitutions! And whenever I perceive a clear conflict of jurisdiction and authority between the Constitution of my country and the laws of my God, my course is clear. I shall resign my office, whatever it may be, and renounce all connection with public service of any sort. Never, never, sir, will I put myself under the necessity of calling upon God to witness my promise to support a constitution, any part of which I consider to be inconsistent with his commands.

"But it is a libel upon the Constitution of the United States—and, what is worse, sir, it is a libel upon the great and good men who framed, adopted, and ratified it; it is a libel upon Washington and Franklin, and Hamilton and Madison, upon John Adams, and John Jay, and Rufus King; it is a libel upon them all, and upon the whole American people of 1789, who sustained them in their noble work, and upon all who, from that time to this, generation after generation, in any capacity,—national, municipal, or state,—have lifted their hands to heaven in attestation of their allegiance to the government of their country;—it is a gross libel upon every one of them, to assert or insinuate that there is any such inconsistency! Let us not do such dishonor to the fathers of the Republic and the framers of the Constitution."

Mr. Ashman, of Massachusetts, after reciting the clause in the Constitution which demands the restoration of fugitive slaves, proceeds as follows: "This reads very plainly, and admits of no doubt but that, so far as fugitive slaves are concerned, the Constitution fully recognizes the right to reclaim them from within the limits of the free States. It is the Constitution which we have all sworn to support, and which I hope we all mean to support; and I have no mental reservation excluding any of its clauses from the sanction of that oath. It is too late now to complain that such a provision is there. Our fathers, who formed that entire instrument, placed it there, and left it to us as an inheritance; and nothing but an amendment of the Constitution, or a violation of our oaths, can tear it out. And, however much we may abhor slavery, there is no way for honorable, honest—nay, conscientious—men, who desire to live under our laws and our Constitution, but to abide by it in its spirit."

In like manner, the Hon. S. A. Douglas, of Illinois, declares: "All I have to say on that subject is this, that the Constitution provides that a fugitive from service in one State, escaping into another, 'shall be delivered up.' The Constitution also provides that no man shall be a Senator unless he takes an oath to support the Constitution. Then, I ask, how does a man acquire a right on this floor to speak, except by taking an oath to support and sustain the Constitution of the United States? And when he takes that oath, I do not understand that he has a right to have a mental reservation, or entertain any secret equivocation that he excepts that clause which relates to the surrender of fugitives from service. I know not how a man reconciles it to his conscience to take that oath to support the Constitution, when he believes that Constitution is in violation of the law of God. If a man thus believes, and takes the oath, he commits perfidy to his God in order that he may enjoy the temporary honors of a seat upon this floor. In this point of view, it is simply a question of whether Senators will be true to their oaths and true to the Constitution under which we live."

§ II. The attack of Mr. Sumner on the Constitution of his country.

If we have not noticed the arguments of Mr. Chase, of Ohio, it is because they are reproduced in the celebrated speech of Mr. Sumner, and because he has so fully indorsed the history and logic of this speech as to make it his own. Hence, in replying to the one of these Senators, we at the same time virtually reply to the other.