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Elias Nason, The Life and Times of Charles Sumner: His Boyhood, Education and Public Career., Chapter 6: (search)
not then an aspirant for political power, he caught prophetic glimpses of a rupture in the Whig organization, and of the ultimate triumph of the right. With the uncompromising Garrison he had not yet come into sympathy; but within the constitution of the United States, he declared himself an eternal foe to slavery. His wing of the party soon received the title of Conscience Whigs; and conscience over might or cotton will eventually prevail. Mr. Sumner was not for a moment idle. In January, 1847, he made a very able argument before the Supreme Court of Massachusetts, against the validity of enlistments in the regiment of volunteers raised by the State for the Mexican War. As counsel for one of the petitioners, he argued that the act of Congress of 1846, providing for the officering of the companies, was in some of the provisions unconstitutional, that the enlistments were not in accordance with that act, that the militia acts of Massachusetts had been fraudulently used in formin