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1 Mr. Davis left the Senate chamber at the close of Sumner's speech, and was absent for a considerable time,—sufficient, as he supposed, for the debate to have closed. He reached his seat, however, just as the call of the roll began; and rising, again went behind the Vice-President's chair.
3 Among the various editions was one from the office of the ‘National Era,’ Washington, D. C., and one from that of the New York Evening Post, which was included among Democratic campaign documents. There was an Edinburgh edition, with a preface by P. Edward Dove; a London edition, with a preface by Sir George Stephen; and a Newcastle edition.
4 James C. Alvord, Sumner's teacher in the Law School, briefly argued against the existence of the power, in a report to the Massachusetts Senate in 1837. In 1846 Chase took the same view in an undelivered argument filed in the United States Supreme Court in the Van Zandt case, in which Seward was associated with him as counsel; and he made the same point in his speech in the Senate against the Compromise of 1850. Robert Rantoul, Jr., insisted on the want of power in Congress to legislate on the subject, in a speech at Lynn, April 3, 1851, and in Congress, June 11, 1852. As an original question this doctrine had the sanction of Webster in his ‘Seventh of March’ speech, of the learned jurist Joel Parker, Professor at the Law School in Cambridge, and even of Butler of South Carolina.
5 Horace Mann, in his speech in Congress, Feb. 28, 1851, treated at length this unconstitutional feature of the Act. Other points set up against the validity of the Act, which Sumner had not the time to enter upon, were ably discussed by others,—by Mann in the speech above referred to and in his speech at Lancaster, Mass., May 19, 1851, and by Rantoul and C. G, Loring on the trial of Thomas Sims, April 7-11, 1851.
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