th little
discussion, while then and for a long period thereafter it was regarded
with comparative indifference; that the recent Slave Act, though many
times unconstitutional, is especially so on two grounds, first, as a
usurpation by Congress of powers not granted by the Constitution, and an
infraction of rights secured to the States, and, secondly, as the denial
of Trial by Jury, in a question of personal liberty and a suit at Common
Law; that its glaring unconstitutionality finds a prototype in the
British Stamp Act, which our fathers refused to obey as unconstitutional
on two parallel grounds,--first, because it was a usurpation by
Parliament of powers not belonging to it under the British Constitution,
and an infraction of rights belonging to the Colonies, and, secondly,
because it was the denial of Trial by Jury in certain cases of property;
that, as Liberty is far above property, so is the outrage perpetrated
by the American Congress far above that perpetrated by the British
Parliament; and, finally, that the Slave Act has not that support, in
the public sentiment of the States where it is to be executed, which is
the life of all law, and which prudence and the precept of Washington
require.
* * * * *
Mr. President, I have occupied much time; but the great subject still
stretches before us. One other point yet remains, which I must not leave
untouched, and which justly belongs to the close. The Slave Act violates
the Constitution, and shocks the Public Conscience. With modesty, and
yet with firmness, let me add, Sir,it offends against the Divine Law.
No such enactment is entitled to support. As the throne of God is above
every earthly throne, so are his laws and statutes above all the laws
and statutes of man. To question these is to question God himself. But
to assume that human laws are beyond question is to claim for their
fallible authors infallibility. To assume that they are always in
conformity with the laws of God is presumptuously and impiously to exalt
man even to equality with God. Clearly, human laws are not always
in such conformity; nor can they ever be beyond question from each
individual. Where the conflict is open, as if Congress should command
the perpetration of murder, the office of conscience as final arbiter is
undisputed. But in every conflict the same queenly office is hers. By
no earthly power can she be dethroned. Each person, after anxious
examination, without h
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