After remarks by Mr. Reverdy Johnson and Mr. Creswell, of Maryland, Mr. Sumner said:--
The remarks of the Senator from Maryland [Mr. JOHNSON] seem to justify entirely the resolution I have brought forward. I have simply called attention to what was already notorious, but with a view to action. I am not sure, that, under the Constitutional Amendment, this abuse may not be justified, and I desire to have the opinion of the Committee after ample consideration.
This, Sir, is not the first time in which incidents like this have occurred. I remember, that, many years ago, when I first came into this Chamber, the good people whom I represent were shocked at reading that four colored sailors of Massachusetts had been sold into slavery in the State of Texas. I did what I could to obtain their liberation, but without success. I applied directly to the Senator from Texas at that time, who will be remembered by many as the able General Rusk, beside whom I sat on the other side of the Chamber. He openly vindicated the power of the court to make such a sale, and I have never heard anything of those poor victims from that time to this. Under the operation of the Constitutional Amendment I trust they are now emancipated; but I am not sure of that, since they are in Texas.
The resolution was adopted. Subsequently Mr. Creswell moved the printing of a bill, introduced by him at the preceding session, to protect children of African descent from being enslaved in violation of the Constitution of the United States.
February 20th, Mr. Poland, from the Committee on the Judiciary, to whom this bill had been referred, reported that its object was accomplished by the Civil Rights and the Habeas Corpus Acts, and that no further legislation was needed. In a conversation that ensued, Mr. Sumner said:--
It strikes me the practical question is, whether recent incidents have not admonished us that there is a disposition to evade the statute, and under the protection of State laws----
MR. TRUMBULL [of Illinois]. That is the very thing the statute guards against.
MR. SUMNER. But the statute was not effective to prevent those incidents.
MR. TRUMBULL. Will any statute, if it is not executed?
MR. SUMNER. But when apprised of an evasion, I ask whether it is not expedient to counteract that evasion specifically and precisely, so that there shall be no possible excuse? Liberty is won by these anxious trials. Those who represent her are accustomed to take case by case and difficulty by difficulty,--overcoming them, if they can. Secure first the general principle, as in the Constitutional Amendment,--then legislation as extensive or minute as the occasion requires. Let it be “precept upon precept, line upon line,” so long as any such outrage can be shown.