and the Resolutions of Conventions [great laughter], made, I fear, too often, merely to be broken, - the party might be brought to sustain an outrage as great as the Fugitive Slave Bill. [Laughter and applause.] But, without dwelling on these things (to which I allude with diffidence, and, I trust, in no uncharitable temper or partisan spirit), I desire to say that no party which calls itself National, according to the common acceptation of the word, which leans upon a slaveholding wing [cheers], or is in combination with slaveholders [cheers], can at this time be true to Massachusetts. [Great applause.] And the reason is obvious. It can be presented so as to penetrate the most common understanding. The essential element of such a party, whether declared or concealed, is Compromise ; but our duties require all constitutional opposition to Slavery and the Slave Power, without Compromise. [“ That's it!" "Good! good!"] It is difficult, then, to see how we can rely upon the Whig party. To the true-hearted, magnanimous citizens ready to place Freedom above Party, and their Country above Politicians, I appeal. [Immense cheering.] Let them leave old parties, and blend in an organization which, without compromise, will maintain the good cause surely to the end. Here in Massachusetts a large majority concur in sentiment on Slavery, a large majority desire the overthrow of the Slave Power. These must not scatter their votes, but unite in one firm, consistent phalanx [applause], whose triumph will constitute an epoch of Freedom, not only in this Commonwealth, but throughout the land. Such an organization is presented by this Republican Convention, which announces its purpose to cooperate with the friends of Freedom in other States. [Cheers.] As REPUBLICANS, we go forth to encounter the Oligarchs of Slavery. [Great applause.] Through this organization we shall secure the election of men who, unseduced and unterrified, will at Washington uphold the principles of Freedom, and also here at home, in our own community, by example, influence, and vote, will help invigorate Massachusetts. I might go further, and say that by no other organization can we reasonably hope to obtain such men, unless in rare and exceptional cases. Men are but instruments. It will not be enough to choose those who are loyal. Other things must be done here at home. In the first place, all existing laws for the protection of human freedom must be rigorously enforced [applause, and cries of "Good!"]; and since these are found inadequate, there must be new laws for this purpose within the limits of the Constitution. Massachusetts will do well in following Vermont, which by special law places the fugitive slave under the safeguard of Trial by Jury and the writ of Habeas Corpus. But a Legislature true to Freedom will not fail in remedies. [Applause.] A simple prohibition, declaring that no person, holding the commission of Massachusetts as Justice of the Peace, or other magistrate, shall assume to act as a Slave-Hunting Commissioner, or as counsel of any Slave-Hunter, under some proper penalty, would go far to render the existing Slave Act inoperative. [Applause.] There are not many so fond of this base trade as to continue in it, when the Commonwealth sets upon it a legislative brand. Besides more rigorous legislation, Public Opinion must be invoked to step forward and throw over the fugitive its protecting ægis. A Slave-Hunter will then be a by-word and reproach; and all his instruments, especially every one who volunteers in this vileness without positive obligation of law, will naturally be regarded as part of his pack, and share the ignominy of the chief hunter. [Laughter and cheers.] And now, from authentic example, drawn out of recent history, learn how the Slave-Hunter may be palsied by contrition. I take the story from late letters on Neapolitan affairs by the eminent English statesman, Mr. Gladstone, who has copied it from an Italian writer. A most successful member of the Neapolitan police, Bolza, of the hateful tribe known as sbirri, whose official duties involved his own personal degradation and the loathing of others, has left a record of the acute sense retained of his shame by even such a man. "I absolutely forbid my heirs," says this penitent official, "to allow any mark, of whatever kind, to be placed over the spot of my burial,- much more any inscription or epitaph. I recommend my dearly beloved wife to impress upon my children the injunction, that, in soliciting any employment from Government, they shall ask for it elsewhere than in the executive police, and not, unless under extraordinary circumstances, to give her consent to the marriage of any of my daughters with a member of that service."1 Thus testifies the Italian instrument of legal wrong. Let public opinion here in Massachusetts once put forth its might, and every instrument of the Fugitive Slave Act will feel a kindred shame. [Great applause.] They will resign. When, under the 1 Two Letters to the Earl of Aberdeen, on the State Prosecutions of the Neapolitan Government, by the Right Hon. W. E. Gladstone, (London, 1851,) Letter II. p. 45. heartless Charles the Second of England, the Act of Uniformity went into operation, upwards of two thousand pulpits were vacated by the voluntary withdrawal of men who thought it better to face starvation than treachery to their Master. Here is an example for us. Let magistrates and officers, called to enforce a cruel injustice, take notice. It is sometimes gravely urged, that, since the Supreme Court of the United States has affirmed the constitutionality of the Fugitive Act, there only remains to us, in all places, whether in public station or in private life, the duty of absolute submission. Yes, Sir, that is the assumption, which you will perceive is applied to the humblest citizen who holds no office and has taken no oath to support the Constitution, as well as to the public servant who is under the special obligations of an official oath. Now, without stopping to consider the soundness of the judgment affirming the constitutionality of this Act, let me say that the Constitution, as I understand it, exacts no such passive obedience. In taking the oath to support the Constitution, it is as I understand it, and not as other men understand it. [Loud applause.] In adopting this rule, first authoritatively enunciated by Andrew Jackson, when, as President of the United States, in the face of the Supreme Court, he asserted the unconstitutionality of the Bank, I desire to be understood as not acting hastily. Let me add, that, if it needed other authority in its support, it has the sanction also of the distinguished Cabinet by which he was then surrounded, among whom were that unsurpassed jurist, Edward Livingston, Secretary of State, and that still living exemplar of careful learning and wisdom, Roger B. Taney, then Attorney-General, now Chief-Justice of the United States. Beyond these, it has the unquestionable authority of Thomas Jefferson, by whom it was asserted again and again as a rule of conduct. Thus, if any person at this day be disposed to deal sharply with me on account of the support which I now most conscientiously give to this rule, let him remember that his thrusts will pierce not only myself, the humblest of its supporters, but also the great fame of Andrew Jackson and of Thomas Jefferson,-patriots both of eminent life. and authority, on whose Atlantean shoulders this principle of Constitutional Law will ever firmly rest. Reason here is in harmony with authority. From the necessity of the case I must swear to support the Constitution either as I do understand it or as I do NOT understand it. [Laughter.] But the absurdity of dangling on the latter horn of the dilemma compels me to take the former, and there is a natural end of the argument. [Great laughter and cheers.] Is there a person in Congress or out of it, in the National Government or State Government, who, when this inevitable alternative is presented, will venture to say that he swears to support the Constitution as he does not understand it? [Laughter and applause.] The supposition is too preposterous. But let me ask gentlemen disposed to abandon their own understanding of the Constitution, and to submit their conscience to the standard of other men, By whose understanding do they swear? Surely not by that of the President: this is not alleged but by the understanding of the Supreme Court. In other words, to this Court, being at present nine perrepresented by a simple majority, it may be of one is accorded the power of fastening such inter sons, only, : |