Weekly national intelligencer., 1848-04-15

leeisate 10 aid not in contradiction OF rather better
law laaguage in conrayenion OF the law OF l1S3 or
Of the constitution that they Nigh make further provisions in
aid o( the law Of Congress the subject His (Mr Bs)
own opinion was very distinctly that that opinion gave the
true law Of the subject But that not necessary TO his
present argument For the point he meant to make on Mas
sachusetts he would abide by the decision of the majority, de-
yered by her distinguished ur He decided that this
law was constitutional the decided The constltu
said that the laws Of Congress made in pursuance OF the
constitution the supreme law Of the land any thing IN
the constitution laws Of any State 10 the contrary notwit
standing"
This decision staring Massachusetts the face what had
she done She had undertaken to forbid not only her officers
but If he mistaken her citizens, to aid in any manner
In the recapture o fugitive slaves Now he begged gentle
to tell him how this constitutional right secured TO every
stakeholder the Unon to be exercised without the AID
of the citizens Of that State when fugitive slaves escaped
Did the constitution contemplate that he go there with
his posse the slave State TO execute his rights II con-
topaed most clearly and the law Of 1884, which had been
decided he constitutional declared pheit ler
that State and local authorities should exert their power
aid. .{s
But suppose he was wrong in this materas clearly
he nohe Supreme Court OF the United States had de-
Cded accordance with the opinion OF Mr. Justice Story IN
his Commentaries that proceeding according to the rules OF
the aw-that was tralwas not contemplated by
the constitution and that the person was 10 be surrendered
up the CLAIM, of the party, not the suit OF the party
Mr. Justice Story had also said that the question Of the ega
ty legay of the claim could not be inquired into in the
free States and had Mr. Justice Washington also decided
They held that the the fact established that he
was held in the State from which he fed slave, whether
ghu wrongful he must be delivered and turned over
the State whence he have the question Of legality
there decided. ssyt
But what had Massachusetts, She had provided for
and authorized trial othe by jury The gentleman from
Massachusetts, (Mr AsHMuS) said he mistaken; that
Massachusetts, had extended the right Of trial by jury to
these fugives Such was his (Mr. B.s) impression; the
gentleman might be better informed but he did know that
other States hadhat Pennsy had and New York had
and had others He had had the honor at one time to re-
present his State chairman of the committee in conduct
ing the controversy between Virginia and New York in refer
this very question. The law of New York went be-
fore her COURTS and the Supreme Court of New York de-
cded almost unanimously that the State law on that subject
unconstitutional her highest judicial tribunal dec
ded it. And yet this State that claimed to stand by the
visions of the constitution they framed, had virtually
nued that provision of that instrument He put 1t to the
gentleman from Ohio the gentleman from Massachusetts,
and asked them if this right not barren and remedess
right in Massachusetts, He asked if he went to Massachu
toorrowwhere he had been invited by the gentleman
from Massachusets-and carried with him his servant who
travelled with him every where and whose attendance upon
him and his family necessay he went there, ne asked
the gentleman il her courts and citizens would not force that
of his possession, against their re-
It had been and would be again and his
impression was, that anxious he to go to Massa
chuses this unconstitutional provision of her law would make
him exile from her soil long as it continued
Mr. DUER (interposing) inquired if the gentleman con-
tended that STAKEHOLDER took his slave into Of the free
States, and the law Of that State made him free that was
unconstitutional
Mr. BAYLY replied it was unnecessary for the purposes
of his argument TO take that position he had not taken it and
should not argue il.
Mr. DUER wished, as he upon the foor to make one
remark and (M b. yelding) said he had understood the
gentleman yesterday say that there laws in force in
New York prohibiting the immigration restraining the mmi
grafton OF free blacks into that State He wished 10 inform
the gentleman that there such laws.
Mr. BAYLY (continuing) said, the House would recoect
IN the remarks he had made reference TO the legislation in
the nonavehodng States prohibiting free negroes going into
their limits, he had not undertaken particularly point out
the States that had done it, He knew Illinois had lately done
he believed Pcnnsy had and he had been under the
impression that New York had But, be that it might
many States had He told the gentleman from New York
that former member from his State in arguing the Viii
mot provso, referring the recommendation Of the Governor
of Virginia expe from her borders all the negro popu-
laiion very bitter remarks had said that Virginia should
keep her free negro population and that New York would
go than permit that State and
settle.
Mr.. DUER He spoke for himself probably.
Mr.. BAYLY. ask the gentleman from New York if
they do require security against their going the
parish something Of that sort
Mr.. DUER. None in the world.
Mr.. BATLY (resumingI sad whether not it law
upon the sIatue-book il the law Of public opinion which
still stronger.
Look Oho-a State which had more abolition Represen-
tatves this floor perhaps than any oherhat had she
done in relation to the Randolph negroes AT his death he
emancpaed them and made provision that land should be
purchased for them 10 settle His executors went into
Ohio and bought lands for that purpose objection
made to the purchase Of the lands but when they undertook
10 settle their land the rights Of eemen sacred TO
them Were they not mobbed Did not almost an army
OF armed beset the canal banks which they float
ing And gentleman from that State, here, who
was active in all these abolition movements, maintained
with many, that they right in letting the free negroes
settle there to conamnate their society and yehese free
goes would not be TO twenty thousand Of their popua
ton while the gentlemen would be glad TO loose the
whole Of the black population Virginia and the other South
ern States, where they, in many parts ounumbered the
whites This their philanthropy and their love for the
negro
Mr. GIDDlNGS wished TO say one word on that point ,
and Mr b. yielding the Aoo observed that the Of mob
IN the district represented BY his colleague (Mr SAwrER
should not be applied TO Ohio in It's capacity State
its citizens generally. The Of that mob-his colleague
said he took the responsibility Of Il; he (Mr g.
OF that and he had only risen for the purpose Of throwing
entirely from the State State, and from the people
people Il was mob and when the gentleman from Vir-
GINA called mob his heart responded TO the truth
which he asserted. 1t a mob with which the peo-
pie OF that State had sympathy whatever which the
people OF that State looked with deep unuerabe adherence
one on which they had placed their seal Of condemnation
ne believed and whose procedure they held in detesaon
and In violation Of oil the principles OF humanity and Of the
laws Of the land He knew his colleague (Mr SAwrER)
thought differently He (Mr. G. had only expressed what
the people generally fell in bis part the State and what he
thought the people Of the whole generally felt and had
expressed He responded to the sentiment Of the gentleman
from Virginia, that the Of mob-inhuman and de-
testabe
Mr. BAYLY (resuming) said he very sorry that this
debate had been prolonged TO such He had said
when ne rose that be should not occupy than five mi