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Edward L. Pierce, Memoir and letters of Charles Sumner: volume 3, Chapter 36: first session in Congress.—welcome to Kossuth.—public lands in the West.—the Fugitive Slave Law.—1851-1852. (search)
he 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. and the inconsistency of the Fugitive Slave Act with the Constitution, particularly in its denial of the right of trial by jury, and relieved the consciences of those who had been constrained to yield it support under a sense of constitutional o